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HomeMy WebLinkAbout PRCSA Project Pride S.A. 4 r J1 AGREEMENT TERMINA nON Please complete this form when the attached agreement is no 10ngetmJ &r. 9 PM 3: 00 Return form to the Sf. Deputy Clerk of the Council (M-30). Ca1l6tlCi:L52E_ ~,..~....,...ifyOu hay~~ questions. - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - -- - - - - - - - - --- The agreement with fJf(CSII'" Prr{jebt 'P,eio/Q. , NoA-~09-<-()J' was completed on 0 / 3 0 I 01 . , and final payment has been made. "::~: (l~--=~~,;~~ Date: g I~ Revised 8-7-03 City of Santa Ana Clerk of the Council ~ A-2006-092-0Il INSURANCE NOT REQUIRED WORK MAY PRomo CLERK OF COUNCIL DATE, 7 ~ ( q - c () CDBG PUBLIC SERVICES MEMORANDUM OF UNDERSTANDING O' CM{)) WITH THE PARKS AND RECREATIONS COMMUNITY SERVICES AGENCY (i q fYW'J THIS CDBG PUBLIC SERVICES MEMORANDUM OF UNDERSTANDING ("MOU") is made as of the 1st day of July, 2006, by and between the City of Santa Ana, a charter city and municipal corporation ("City") and the Parks and Recreations, Community Services Agency ("Subrecipient"). RECIT ALS 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," 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 $134,500, to Subrecipient for these services. 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 1,2006 through June 30, 2007. 3. Budget, Subrecipient agrees to complete said Program on or before June 30, 2006-07 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 $134,500, which shall constitute full and complete reimbursement for the implementation of this 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 of the 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 persounel. 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 subgrant 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 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. 2 7. Record Keeping/Reporting, 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 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. 3 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 of this 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 Subrecipient 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 Requirements. 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 of this 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. 12. Exhibits, All documents referenced as exhibits in this MOU are hereby incorporated in this MOU, including Exhibits A, A-I, B, B-1 and C. 13. Entire Agreement. This MOU, 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 MOU. 4 IN WITNESS WHEREOF, the parties have executed this Memorandum of Understanding as of the date first written above. .~ ~ Patricia E. Healy Clerk of the Council CITY OF SANTA AN/;? By: (;2vcUla~. David N. Ream City Manager APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney "SUBRECIPIENT" CITY OF SANTA ANA Parks and Recreation Comm. Svcs Agency BY:~: (. ~ Lisa E. Storck Assistant City Attorney By: Name: Gerardo Mouet Title: Executive Dire or 5 Name of Organization- City of Santa Ana Name of Funded Program- Proiect Pride Annual Accomplishment Goal I. Total number of un duplicated clients (Santa Ana and Non-Santa Ana Residents) anticipated to be served by the funded program, named above, during the l2-month contract period. 825 PERSONS City of Santa Ana Community Development Block Grant Scope of Work II. Number of only unduplicated Santa Ana residents to be served by the funded program, named above, during the l2-month contract period. 800PERSONS Program and Funding Description III. Description of Work - In the space below, describe the program to be funded during the 12-month contract period. Goal # 1: To increase the level of interaction of families in positive recreation activities during their leisure time. "Nine Family PRIDE Clubs will meet regularly with 160 families and 800 members to plan and implement recreation special events, excursions and activities as part of the City's recreation center programming and citywide special events programming. "A minimum of 50 families will complete a total of 500 hours of volunteer service/community involvement in park improvement projects, recreation special events and neighborhood fairs and festivals, in collaboration with neighborhood associations and PRCSA special events. 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. "100 teens will participate in volunteer activities with a minimum of 50 teens completing a total of20 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. 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 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 IV. Activities funded by this grant - How will CDBG funds be used for the funded program? Narratively describe the budget for the funded program illustrated in Exhibit B and B-1. CDBG funds are used for a percentage of the Senior Recreation Supervisor salary and benefits. The percentage charged is equal to the percentage of the time the supervisor dedicates to supervising and managing all Project PRIDE activies. CDBG funds also are used for salary and benefits of all direct services staff including the Family PRIDE Club Coordinators, the kayaking coach and driver. CDBG funds also cover the federally approved indirect costs designated for this. Exhibit A Page I of2 Schedule of Performance Estimate the number of only unduplicated Santa Ana residents to be served by the funded program during the l2-month contract period per quarter. (How many new Santa Ana clients will be served each quarter.) Quarter I: July 1 - September 30 Quarter 2: October! - December 31 Quarter 3: January I - March 31 Quarter 4: April I - June 30 300Persons 100Persons 300Persons 100Persons 800Total number ofunduplicated Santa Ana residents to be served. (Must equal the number for II above.) Schedule ofInvoicing Estimate the amount of grant funds to be requested during the l2-month contract period on a quarterly basis. Quarter I: Julyl- September 30 Quarter 2: October! - December 31 Quarter 3 : January I - March 31 Quarter 4: April I - June 30 $33.625 $33.625 $33.625 $33.625 $134.500Total Grant (Must equal the Total Program Budget indicated on Exhibit B.) Exhibit A Page 2 of 2 CITY OF SANA ANA Community Development Block Grant Outcome Tracking IMPORTANT: The City of Santa Ana is in the process of incorporating the new HUD Performance Outcome Tracking guidelines, therefore this section is subject to change in order to be compliant with HUD regulations. If the situation should occur that the current tracking system is not sufficient to meet HUD regulations an amendment to this contract will be needed. Instructions: From the list of activities below select the activity that best describes the purpose of the program that will be funded in fiscal year 06-07 by these grant funds. Two activities have multiple outcomes, therefore if "Senior Services" or "Youth Services" is selected, please select the one outcome that best describes the pUlpose of the funded program. ONLY ifnone of the activities listed adequately describe the funded program, please select that last activity "Low- and Moderate Income Services". Fulfillment Tracking HUD Objective to be fulrdled HUD Outcome to be fulfilled illustrated by HUD Indicator Suitable Creating Specific Outcome Activity/Program Outcome Tracking Goal Living Decent Economic Availability/ AtTordability Sustainabilit: Indicator # Housing Accessibility (Please see page 4 Environment Opportunitie of 4 for desc.) rnti-CrimeServices Track thereduclion in I"educeresponsc time to r.sponsetimeand1l1e enouscrimesintheCity's umberofcrimmal ILow-andModcratc-lncome 0 apprehended as arcsult. rea byat least 3 minutes ~~ltingintheapprchension 2 fl,500crimina]sthatruay X X therwiseescape. U*S_ycar goal to be chievedby FY 09/10 airHousingServiccs Provide fair housing service 1. Providefairhousing !a.nd ongoing analysis of ounseling,educationand IDlpediments to fair housing. ~_forcementservicesto 0 7,000 Sanla Ana households. X X 2 "-5-yeargoaltobe achievedbyFY09!1O . Annually assess actions 10 liminaleimpcdimentstofai X X 2 ousing. omelessnessPrevention Track assisted individuals 50''100Cassistedindividllals horetainedtheirhousingor ndhouseholdswillrotain utilities for at least 6 monlhs lheir housing or utilities for 14 0 aft.erassislanccwas tleast6monlhsaftcr X X !Provided. ssislance is provided. IcmergencySheller Track individuals who 50% of F.ccived support services .ndividualslhouscholdslhat 12 or that were linked to one or F.eprovided with emergcncy 0 ~oreadditionalsuppot1 shelter will transition to X X servlceandlorappropriatc .nterimhousing(i.e., 13 housing. transitional housing). ransitionalHousing Track homeless individuals % of homeless individuals who participated in articipatinginLrnnsitional 2 transilionalhollsingprogram ousing program will be X X 0 that were placed in laccd in permanent hOllsing. ~anenthousing. upportiveServices Track individuals who 50%ofindividuals/familics =ived support services ~~ivingsupportservices that were linlted to one or ill be Iinlted 10 one or more 2 0 ore additional Sllpport additional support service X X serviccandlorappropriate ndlorappropriatehousing ousing. Exhibit A-I Page I of4 Fulfillment iUustrated by Tracking HUn Objective to be fulfilled HUD Outcomes to be fulfilled HUD Indicator Suitable Creating Specific Outcome Decent A vailability/ Indicator # Activity/Program Outcome Tracking Goal Living Housing Economic Accessibility Affordability Sustainabilit (Pleasc see page 4 Environmcnt pportunitic of 4 for desc.) eniorScrvices 1. Track assisted senior I. 80% of assisted senior citizens that remained itizens will remain 0 independent for at least I independentforatlcastJ X X 2 ear after services were ear after services are provided. rovided. 2. Track seniors rccciviIlg . 90% of seniors receiving ferraIs that were Iillked to ferrals wiH be lillkcd to the 0 e services sought crvicessought. X X 2 wner-Occupied umberofowncrsassistcd hysical safety and comfort ousingRehabilitalion to rehabilitatc their primary ill be improved for Low rcsidence for the following and Modernte income incomecatcgories: ouseholds by improving 0 -Extremely Low Income omes toa level that meets 9 -Very Low Income rcxceedsHUDhousing X X -ModeratcJncome quality standards. SpecialNccdsCatcgories -Large FamiJies raiJEldcrlyServices Track frail e1dcrJy 90% of frail elderly iIldividuals that were Iillkcd iIldividuaJs will be Jillkcd to 2 0 1.0 the services sought jilie services sought. X X isabJedScrvices Track disables pcrsons Suppon independent living wboscindependentliving for 90% of disabled persons 2 0 Iwas supponed by City funds. ssistedby City funds. X X crvicesforMentallyJlJ Track individuals assisted JOO% of individuals assisted ith City resources that were ith City resources will be 0 ~videdanentrypointintc rovided an entry point into thcreglOnalmentalhcalth the regional mental hcalth X X 2 carcsystemandlinkcdtoat arc system and lillkcd to at Icast one additional mental lca.st one additional mental ealthsupportivcserviec. ealth supportive service. ervicesforSubstance Track how many individuals Provide entry into the ddicted with substance addiction in regional recovcry system for ere provided an cntry intc 5 indIviduals with the rcgional recovcry system substance addiction and link 0 and Iillkcd to additional em to additional services. 2 services. X X u*5-yeargoallobc chicvcd by FY 09/10 outhServiccs J. Track improvement in I. For education-based 0 jPre-tcst, post-test scores. Eograms,improvepre-tcst 2 IPDst-tcst scorcs by 50% X X 2. Tracknumberof . Provide opportunities for 0 individuals exposedtc the xposuretothefinearts. X X 2 fine arts. 0 3. Trackchildrenlyouth . 90% of children/youth seeking referrals that wcrc seckingrcferra1swillbc X X 2 Iillked to the services sought. linked to the services sought. ~w-andModeratc_ rack program participants r:" of program participants pncomeServlces that were linked to services 111 be Iillked to services 2 sought. sought. X X I2J Exhibit A-I Page 2 of 4 Description of Outcome Tracking System: Please describe your organization's outcome tracking system that will enable you to fulfill the outcome selected above. The outcome tracking system that the program will use is based on a pre assesment on the registration form, that asks participants to specifY the type of services that they are seeking. At the completion of the grant period, a post assesment will be given to the particpants asking them "of the services they were seeking, what servicies did they use"? The anticipated outcome of this tracking system will be that this service makes a difference in the participants lives by providing a needed service that is not offered for families. A tracking system using staff monthly reports will be used to determine the number of families/teens who volunteer and the number of hours they volunteer. Exhibit A-I Page 3 of 4 2) Public service activities Specific Outcome Indicators Number of persons assisted: · with new access to a service · with improved access to a service · where activity was used to meet a quality standard or measurably improved quality, report the number that no longer only have access to substandard service 9) Owner occupied units rehabilitated or improved Total number of units: Number occupied by elderly Number of units brought from substandard to standard condition (HQS or local code) Number qualified as Energy Star Number of units brought into compliance with lead safe housing rule (24 CFR part 35) Number of units made accessible for persons with disabilities 12) Number of homeless persons given overnight shelter 13) Number of beds created in overnight shelter or other emergency housing 14) Homelessness Prevention · Number of households that received emergency financial assistance to prevent homelessness · Number of households that received emergency legal assistance to prevent homelessness Exhibit A-I Page 4 of 4 . Organization Name Program Name Cate 0 Administrative Staff Salaries & Benefits Program Staff Salaries & Benefits Contractual/Professional Services: List below 2 3 Office Su lies Rent Communications Utilities Insurance Other:List below 1 Indirect Costs 2 3 4 5 Total Program Year 2006-2007 Final Budget City of Santa Ana Parks, Recreation and Community Services Agency PROJECT Pride Expenditures Expenses Funded b Other Sources Expenses Funded by Santa Ana COBG Total Program Bud et Total Organizational Bud et $ $ 48,164 $ 50,083 $ 98,247 75,434 $ 44,152 $ 119,586 $ $ $ 27,000 27.000 $ 10,901 $ $ $ $ $ $ 10,901 $ 134,499 $ 121.235 $ 255,734 $ LIST ALL OTHER PROGRAM FUNDS THAT HAVE BEEN SECURED FOR 06-07 (Total Funds for Program must equal Total Program Budget above) Source Amount Santa Ana CDBG $ 134,500 Santa Ana General Fund $ 71,152 Other Resource $ 50,083 Total Funds for Program $ 255,735 . . Exhibit B Page 1 of 1 . 2006-2007 Funded Personnel Name of Organization: Name of Program City of Santa Ana Parrks Recreation & Community Services Agency Project PRIDE ADMINISTRATIVE STAFF Position Title Annual Annual Total CDBG Funds % of time Of this time % of Total Salary Benefits Compensation Requested for spent on percent of Compensation this position funded time serving Eligible pro~ram Santa Ana Sr. Recreation Sunervisor $ 83910 $ 16,256 $ 100,166 $ 50,083 50% 100% 50% $ - 0% $ - 0% $ - 0% $ - 0% $ - 0% $ - 0% $ - 0% $ - 0% Total Amount Reauested $ 50 083 Must equal amount mdlcated on Exhblt B PROGRAM STAFF Position Title Annual Annual Total CDBG Funds % of time Of this time % of Iota 1 Salary Benefits Compensation Requested for spent on percent of Compensation this position funded time serving Eligible DrQg[am Santa Ana Senior Pro~ram Leader $ 11,539 $ 901 $ 12440 $ 8333 100% 100% 100% Senior Program Leader $ 11,510 $ 899 $ 12409 $ 8307 100% 100% 100% Senior Pro~ram Leader $ 12,103 $ 945 $ 13,048 $ 8,739 100% 100% 100% Senior Pro.e:ram Leader $ 11516 $ 899 $ 12415 $ 8,313 100% 100% 100% Senior Program Leader $ 10 945 $ 855 $ II 800 $ 8554 100% 100% 100% Senior Program Leader $ 12,097 $ 945 $ 13042 $ 8733 100% 100% 100% Senior ProlITam Leader $ 11422 $ 572 $ 11 994 $ 11 944 100% 100% 100% Program Coordinator $ 11878 $ 633 $ 12,511 $ 12511 100% 100% 100% $ - 0% Total Amount Requested $ 75 434 Must equal amount mdICated on Exhblt B CONTRACTUAL/PROFESSIONAL SERVICES Position Title Annual Annual Total CDBG Funds % of time Of this time % of Total Contract Benefits Compensation Requested for spent on percent of Compensation Amount this position funded time serving Eligible pro~ram Santa Ana $ - 0% $ - 0% $ - 0% $ - 0% $ - 0% $ - 0% $ - 0% $ - 0% $ - 0% Total Amount Requested $ - Must equal amount mdICated on Exhblt B ***Please note for personnel whose time is not directly traced to serving Santa Ana and instead a percentage is used please confirm the percentage is accurate prior to requesting reimbursement. Exhibit B-1 Page I of I . 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 ofthe 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, sub grants, 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. City of Santa Ana, Parks, Recreation & Comm. Servo Grantee/Contactor Organization Executive Director Program Title Gerardo Mouet Name of Certifying Officer fi~~q~ 7-(/-06 Signature I Date I I EXHIBIT C Page I of2 SUBRECIPIENT warrants the following: I. 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 of race, 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. SUB RECIPIENT 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) SUB RECIPIENT does not assume CITY'S responsibility for initiating the review process under Executive Order 12372. EXHIBIT C Page 2 of2