HomeMy WebLinkAboutS.A. PRCSA PROJECT PRIDE 3 - 2005
A-2005-078-035
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CDBG PUBLIC SERVICES
MEMORANDUM OF UNDERSTANDING
WITH THE PARKS, RECREATION & COMMUNITY SERVICES AGENCY
(Project Pride)
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THIS CDBG PUBLIC SERVICES MEMORANDUM OF UNDERSTANDING
("MOU") is made as of the 1fh-dayof APn \ ,2005, by and between the City of
Santa Ana, a charter city and municipal corporation ("City") and the Parks, Recreation and
Community Services Agency ofthe City ("Subrecipient").
RECITALS
A. City has received an award of Community Development Block Grant ("CDBG")
funds from the Department of Housing and Urban Development.
B. Subrecipient is an entity of City and is engaged in administration of City's overall
CDBG program and seeks to provide the services described in Exhibit A (pROJECT PRIDE), in
accordance with the schedule of performance included therein, hereinafter referred to as "said
Program". Subrecipient represents that it is qualified and willing to operate said Program and
certifies that the activities carried out with funds provided under this Agreement will meet one or
more of the CDBG program's National Objectives (24 CFR Part 570.208).
C. City has approved the issuance of CDBG funds, in an amount not to
exceed $198,000.00, to Subrecipient for these services.
D. Subrecipient agrees that it will adhere to the performance measurements and
outcomes as indicated on Exhibit B (Scope of Work). Failure to follow the measurements and
meet the stated outcomes may constitute breach of contract that could result in termination of
this Agreement or serve as reason for the City to recapture the grant funds awarded to
SUBRECIPIENT pursuant to this Agreement.
NOW, THEREFORE, in consideration of performance by the parties of the promises,
covenants and conditions herein contained, the parties hereto agree as follows:
1. Subrecipient's Services.
A. Statement of the Work. Subrecipient shall utilize City's CDBG funds to
provide for its administration of City's overall CDBG program and support of its Program as
described in Exhibit A.
B. Standard of Care. As a material inducement to City to enter into this
MOU, Subrecipient hereby represents and warrants that it has the experience necessary to
undertake the services to be provided as set forth in Exhibit A.
c. Compliance with Laws. All services rendered hereunder by Subrecipient
shall be provided in accordance with all ordinances, resolutions, statutes, rules and regulations of
City and any federal, state or local governmental agency having jurisdiction at the time service is
rendered. This MOU is subject to and incorporates the terms of the Housing and Community
Development Act of 1974, as amended; 24 Code of Federal Regulations ("CFR") Chapter V,
Part 570; City's CDBG Program Guidelines; and all amendments or successor regulations or
guidelines thereto ("CDBG Regulations").
2. Term of MOD. Subrecipient shall provide its services under this MOU for a 12
month period commencing on July 1,2005 through June 30, 2006.
3. Budget. Subrecipient agrees to complete said Program on or before June 30,
2006 and to use said funds to pay for necessary and reasonable costs allowable under the federal
law and regulations to operate said program. Other allowable program costs are detailed in the
Budget, as set forth in "Exhibit B," attached hereto and by this reference incorporated herein.
Subrecipient shall use all income received from said funds only for the same purposes for which
said funds may be expended pursuant to the terms and conditions of this Agreement. No
budgetary changes shall occur without City's prior approval. Subrecipient hereby certifies and
agrees that it will not use funds provided through this Agreement to pay for entertainment, meals or
gifts.
4. Compensation. Upon compliance with specified performance requirements, City
shall reimburse Subrecipient an amount not to exceed $198,000.00 which shall constitute full
and complete reimbursement for the implementation ofthis MOU. The parties understand and
agree that such reimbursement, if any, shall be conditioned upon receipt of such funds by City
from HUD and shall not be a charge on any other funds of City. The CDBG Funds shall be
disbursed by City to Subrecipient on a quarterly basis (October, January, April and July) subject
to and upon receipt and approval of a complete quarterly activity report from Subrecipient, with
the final payment subject to the satisfaction ofthe condition precedent of submittal of complete
reporting information due on or before July 15 of the applicable funding year, as hereinafter
more fully set forth. Subrecipient shall be obligated to perform such duties as would normally
extend beyond the term, including but not limited to obligations with respect to indemnification,
audits, reporting, data retention/reporting, and accounting.
5. Program Evaluation and Review/ Common Rule. Subrecipient shall make
performance, financial and all other records pertaining to this MOU available to all City and
HUD personnel. City and HUD personnel may inspect and monitor Subrecipient's facilities and
program operations, including the interview of Subrecipient's staff and program participants.
Subrecipient agrees to submit to City or HUD all data necessary to complete the Annual Grantee
Performance Report in accordance with HUD requirements and in the format and at the time
designated by City or HUD Project Directors or their designees. Pursuant to CFR 85.40(a), the
City manages the day-to-day operations of each grant and sub grant supported activities. City
staff has detailed knowledge of the grant program requirements and monitors grant and subgrant
supported activities to assure compliance with Federal requirements. Such monitoring covers
each program, function and activity and performance goals are reviewed periodically.
6. Non-Discrimination and Equal Employment Opportunity. In the performance
of this MOU, Subrecipient shall not discriminate against any employee, subcontractor or
employment applicant because of race, color, creed, religion, sex, marital status, national origin,
ancestry, age, physical or mental handicap, medical condition or sexual orientation. Subrecipient
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will take affirmative action to ensure that employees are treated without regard to their race,
color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental
handicap, medical condition or sexual orientation.
7. Record KeepinglReporting. Subrecipient shall keep and maintain complete and
adequate records and reports to assist City in meeting and maintaining its record keeping
responsibilities under the CDBG Regulations, including the following:
(1) Records
a. Documentation evidencing program income requirements in
conformity with 24 CFR 570.504(b((2)(i), (ii) and 24 CFR 570.503(b)(3) and 24
CFR 570.208(a)(2)(B) of the income level of persons and/or families participating
in or benefiting by the Program.
b. Documentation of the number of persons and/or families participating
in or benefiting by the Program.
c. Household information shall include number of persons, identification
of head of household, race/ethnicity, and income verification.
d. Documentation of all CDBG Funds received from City.
e. Documentation of expenses as identified in the Budget Proposal,
including evidence of incurring the expense, invoices for goods or services, copies
of any and all contracts or documentation pertaining to costs for subcontractors,
plus all other invoices for which CDBG Funds were expended, and any payments
therefor.
f. Any such other related records as City shall reasonably require or as
required to be maintained pursuant to the CDBG Regulations.
(2) Reports
a. Payment Request. Concurrently with the submittal of each
quarterly report, on or before the 15th day of October, January, April and
July, Subrecipient shall submit both: an original invoice and true copies of
invoices, receipts, agreements, copies of any and all contracts or documents
pertaining to costs for subcontractors or other documentation supporting
and evidencing how the CDBG Funds have been expended during the
applicable quarter.
b. Quarterly Activity Report: Subrecipient agrees to keep monthly records of all
ethnic and racial statistics of persons and families benefited by Subrecipient in the
performance of its obligations under this Agreement, including, but not limited to, the
number oflow and moderate income persons and households assisted in accordance with
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federal income limits, the number of female heads of households assisted, new program
information and year-to-date program statistics on expenditures, caseload and activities.
8. Revenue Disclosure Requirement. Subrecipient shall make available all books
and records pertaining to each project or business activity that is funded by CDBG Funds under
this MOU for inspection and audit by HUD's representatives, upon request, at any time during
the term ofthis MOU and during a period of 5 years thereafter. All such books and records shall
be maintained by Subrecipient at a location in Orange County. Failure of Sub recipient to comply
with the requirements of this section shall constitute a material breach for which City may
terminate or suspend this MOU.
9. Audit Report Reqnirements. Subrecipient agrees that if Subrecipient receives
Three Hundred Thousand Dollars ($300,000.00) or more in federal funds, Subrecipient shall
have an annual audit conducted by a certified public accountant in accordance with the standards
as set forth and published by the United States Office of Management and Budget. Subrecipient
shall provide City with a copy of said audit by October I of the year following the program year
in which this Agreement is executed.
10. Termination. This Agreement may be terminated in the following manner for the
following reasons: (a) on thirty (30) days' written notice by either party; (b) upon five (5) days'
written notice for violation of Federal Laws governing the use ofCDBG Funds by Subrecipient;
(c) terminated for convenience in accordance with 24 CFR 85.44; and (d) terminated due to the
non-performance of Subrecipient and/or failure of Subrecipent to perform the work described in
Exhibits A and B or failure to meet the performance standards and program goals set forth therein.
In the event of any such termination, Subrecipient shall only be entitled to reimbursement for
approved expenses incurred to the effective date of termination and any and all funds not used
must be returned to City per the paragraph below.
11. Reversion of Assets. Upon the expiration of this Agreement, Subrecipient shall
transfer to City any CDBG funds on hand at the time of the expiration ofthis Agreement as well as
any accounts receivable attributable to the use of CDBG funds. [24 CFR 570.503(b)(8).]
Disposition of real property or equipment shall be resolved pursuant to City guidelines.
Subrecipient's obligations and responsibilities set forth in this paragraph and in the
"Termination" clause and other requirements pertaining to program income shall not be affected
by the termination of this Agreement and shall survive the date of termination of this Agreement
for such period of time as City and/or HUD deems necessary for the responsibilities, duties and
obligations to be performed and completed to the satisfaction of City and HUD.
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12. Exhibits. All documents referenced as exhibits III this MOD are hereby
incorporated in this MOD, including Exhibits A and B.
13. Entire Agreement. This MOD, and all other documents incorporated herein by
specific reference, represent the entire and integrated agreement between City and Subrecipient.
This MOD supersedes all prior oral or written negotiations, representations or agreements. This
MOD may not be amended, nor any provision or breach hereof waived, except in a writing
signed by the parties that expressly refers to this MOD.
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IN WITNESS WHEREOF, the parties have executed this Memorandum of
Understanding as of the date first written above.
ATTEST:
CITY OF SANnANA ~
By: ~~
David N. Ream
City Manager
---..
By;c'''-'---'
Patricia E. Healy
Clerk of the Council
APPROVED AS TO FORM:
JOSEPH W. FLETCHER
City Attorney
"SUBRECIPIENT"
CITY OF SANTA ANA
Parks, Recreation and Community
Services Agency
By: ~A1?c' /. 4Z~
Lisa E. Storck
Assistant City Attorney
By:
7b-x~J-
Gerardo Mouey
Executive DiIkctor
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CITY OF SANA ANA
Community Development Block Grant
Scope of Work
Annual Accomplishment Goal
l. Total number of clients anticipated to be served during 12-month contract period=1300
PERSONS
II. Number of unduplicated Santa Ana residents to be served with grant funds during the 12-
month contract period = 1300 PERSONS
III. Indicate below one City performance outcome that the sub-recipient will be tracking with a
check mark in the appropriate box.
COMMUNITY PRIORITY NEEDS: Public Services-Youth Services
I ActivitvlPrMram Outcome Trackin~ Goal I
Youth Services 0 1. Track improvement in pre-test, 1. For education-based programs,
post~test scores. improve pre-test post-test scoreS by
50%.
0 2. Track number of individuals 2. Provide opportunities for exposure
exposed to the fine arts. to the fine arts.
. 3. Track children/youth seeking 3. 90% of children/youth seeking
referrals that were linked to the referrals will be linked to the services
services sought. sought.
Low- and Moderate-Income 0 Track program participants that were 90% of program participants will be
Services linked to services sought. linked to services sought.
IV. Description of Work - in space below, describe the program to be funded during the 12-
month contract period including, services to be provided, program goals, client
characteristics, & how grant funds will be utilized.
Goal #1: To increase the level of interaction of families in positive recreation and volunteer activilies.
. Nine Family PRIDE Clubs (FPC) will meet regularly with 320 families and 1,300 members to plan
and implement recreation special events, excursions and activities as part ofthe City's recreation
center programming and citywide special event programming.
. 100 families will complete a total of 1,000 hours of volunteer service.
All FPC activities are geared toward identifying specific tasks for each family member that places them in
a position of making a meaningful contribution to the family and the community. Clubs plan and
implement monthly city wide recreation activities, special events, and excursions and weekly activities
for each club and links members to recreation services and other resources that they would not otherwise
become aware of or utilize on their own.
Goal #2: To provide positive alternatives to gang involvement for pre-teens and teens.
. 15 students will participate in a kayaking program with the top 10 to 12 students participating in the
Kayaking Team that will compete in regional and national competitions.
EXHIBIT A
· 200 teens will participate in volunteer activities with a minimum of 75 teens completing a total of 20
hours of volunteer activities each in a 12-month period.
The Teen Club will meet on a regular basis to plan and implement volunteer activities in a variety of
areas. The Kayaking Team practices and trains at the Newport Aquatics Center in Newport Beach. The
team conducts fundraisers to cover the cost of travel and lodging for regional and national competitions.
Registration is conducted for each participant and participants sign in for each activity in order to track
attendance and participation. On-going tasks for all activities include developing weekly calendars of
events, excursions, and other activities; conducting recruitment, registration and assessment; tracking
attendance, participation and accomplishments; fundraising; and recognition activities.
Project PRIDE serves children in single parent households or two parent families where both parents
work, limited English proficiency, low socioeconomic status, and poor academic achievement. Project
PRIDE served a total of 1,300 individuals in FY 04-05 with 90% extremely low-income and 10% very
low-income. Project PRIDE addresses these problems with services that improve the quality of life for
family members by helping them use their leisure time in positive recreation activities and getting them
involved in their communities and schools.
Services are provided at Jerome, EI Salvador, Santa Anita, Salgado, Memorial, and Logan Recreation
Centers, Santiago Park, Santa Ana Senior Center, and Roosevelt Elementary School.
The CDBG funding covers the cost for direct-services staff and the City's general fund covers the cost of
operating expenses and materials and supplies.
Schedule of Performance
Estimate the number of un duplicated Santa Ana residents to be served during the 12-month
contract period per quarter:
Quarter I: July I - September 30
Quarter 2: October I - December 31
Quarter 3: January I - March 31
Quarter 4: April I - June 30
Total
700
300
100
100
1200
Persons
Persons
Persons
Persons
Persons
Invoicinf! Schedule
Estimate the amount of grant funds to be requested during the 12-month contract period on a
quarterly basis:
Quarter 1: July I - September 30
Quarter 2: October I - December 31
Quarter 3: January 1- March 31
Quarter 4: April I - June 30
$
$
$
$
$
49,500
49,500
49,500
49,500
198,000
Total
EXHIBIT A
CITY OF SANTA ANA
COMMUNITY DEVELOPMENT BLOCK GRANT
FINAL PROGRAM BUDGET
Organization Name: City of Santa Ana Parks, Recreation & Community Services Aqency
Program Name: Project PRIDE
Program Year: 2005-2006
CATEGORY SANTAANACDBG OTHER TOTAL PROGRAM
GRANT REQUESTED RESOURCES BUDGET
Administrative Staff $49,483 $0 $49,483
Salaries & Benefits
Program Staff Salaries & $141,614 $0 $141,614
Benefits
Office Supplies 0 0 0
Rent/Lease 0 0 0
Communications 0 0 0
Utilities 0 0 0
Contractual/Professional
Services 0 0 0
(Please Specify)
Insurance 0 0 0
Other (Please Specify)
program supplies, buses $39,497 $46,400
indirect costs 6,903
TOTAL $198,000 $39,497 $237,497
EXPENDITURES
PROGRAM RESOURCES
ACTUAL SOURCE AMOUNT
COBG $198,000
City General Fund (program supplies, $39,497
buses)
TOTAL $237,497
EXHIBIT B
Name of Organization: City of Santa Ana Project PRIDE
CDBG FUNDED PERSONNEL
ADMINISTRATIVE STAFF
CDBG % of Time
Total Funds Position is
Position Annual Annual Compensation Requested Dedicated
Title Salary Benefits to
Proaram
Sr. Rec SUD 82,710 16,256 98,966 49,483 50%
PROGRAM STAFF
CDBG % of Time
Total Funds Position is
Position Annual Annual Compensation Requested Dedicated
Title Salary Benefits to
Proaram
Sr. Proq Ldr 11,989 936 12,925 12,925 100%
Sr. Proq Ldr 10,935 854 11,789 11,789 100%
Sr. Proq Ldr 12,559 981 13,540 13,540 100%
Sr. Proq Ldr 11,989 936 12,925 12,925 100%
Sr. Proa Ldr 10,935 854 11,789 11,789 100%
Sr. Proa Ldr 12,559 981 13,540 13,540 100%
Sr. Proq Ldr 11,866 927 12,793 12,793 100%
Proq Coord 11,904 930 12,834 12,834 100%
Proq Coord 11,904 930 12,834 12,834 100%
Proq Coord 11,904 930 12,834 12,834 100%
Data Entry 12,801 1,010 13,811 13,811 100%
CONTRACT PERSONNEL
CDBG % of Time
Total Funds Position is
Position Annual Annual Compensation Requested Dedicated
Title Salary Benefits to
Proaram
Certification Regarding Lobbying
Certification for Contracts, Grants, Loans, and Cooperative Agreements
The undersigned certifies, to the best of his or her knowledge and belief, that:
(I) No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of Congress, or
an employee of a Member of Congress in connection with the awarding of any Federal
contract, the making of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any Federal contact, grant, loan or cooperative
agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with this Federal contract, grant, loan, or cooperative
agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure
Form to Report Lobbying," in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the
award documents for all subawards at all tiers (including subcontract, subgrants, and
contracts under grants, loans, and cooperative agreements) and that all subrecipients shall
certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by Section 1352, Title
31, U. S. Code. Any person who fails to file the required certification shall be subject to
a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
Grantee/Contactor Organization
Program Title
Name of Certifying Officer
~~/g ~Oq-
Signat
Date
EXHIBIT C
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SUBRECIPIENT warrants the following:
1. SUBRECIPIENT will comply with Public Law 88-352, Title VI of the Civil Rights
Act of 1964 (42 U. S. C. section 2000 et seq.) and implementing regulation in 24 CFR
Part 1.
2. No person in the United States shall on the ground ofrace, color, religion, national
origin, or sex, be excluded from participation in, or be denied the benefits of, or be
subjected to discrimination under any program or activity funded in whole or in part with
community development funds made available pursuant to the ACT.
3. All laborers and mechanics, employed by contractors or subcontractors in the
performance of construction work financed in whole or in part with community
development funds shall be paid wages at rates not less than those prevailing on similar
construction in the locality as determined in accordance with the Davis-Bacon Act, as
amended, 40 U. S. C. Sections 276 a 1-5, except for individuals who perform services for
which they volunteered; do not receive compensation for such services; or are paid
expenses, reasonable benefits, or a nominal fee for such services; and are not otherwise
employed at any time in construction work.
4. SUBRECIPIENT will comply with all Federal statutes applicable to projects funded
with community development funds, except that (a) SUBRECIPIENT does not assume
CITY'S environmental responsibilities described at 24 CFR 570.604; and (b)
SUBRECIPIENT does not assume CITY'S responsibility for initiating the review process
under Executive Order 12372.
EXHIBIT C
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