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HomeMy WebLinkAboutS.A.P.D. HELICOPTER 5 - 2007 ,. A-2007 -105-008 INSURANce ON FILE WORK MAY PROCEED UNTIL INSURANCE EXPIRES SI CLERK OF COUNClL2001 DATE: OC1 - :> O:COA (2") LUC.'f F. CDBG PUBLIC SERVICES MEMORANDUM OF UNDERSTANDING WITH THE SANTA ANA POLICE DEPARTMENT THIS CDBG PUBLIC SERVICES MEMORANDUM OF UNDERSTANDING ("MOU") is made as of the 1sT day of July, 2007, by and between the City of Santa Ana, a charter city and municipal corporation ("City") and the Santa Ana Police Department ("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," 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 $21,900, 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 1,2007 through June 30, 2008. 3. Budget. Subrecipient agrees to complete said Program on or before June 30, 2008 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 $21,900, which shall constitute full and complete reimbursement for the implementation of this MOV. 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 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 sub grant 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 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 conformi with 24 CFR 570.504 b 2 i ii and 24 CFR 570.503 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 of low 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 Sub recipient to comply with the requirements of this section shall constitute a material breach for which City may terminate or suspend this MOD. 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 of CDBG 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 MOD are hereby incorporated in this MOD, 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 MOU 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. ATTEST: By ~ 'j}~~ ~l/Patricia E. Healy 7 Clerk of the Council CITY OF SANTA ANA <f By:~€d fii"vid N. Ream City Manager APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney "SUB RECIPIENT" CITY OF SANTA ANA Police Department '~ ,/ By:/ L' LO:k€NA C. PEN-ALO A Assistant City Attorney -'J ' B~J~lb- Name: Paul Walters Title: Chief of Police 5 Name of Organization Name of Funded Program Annual Accomplishment Goal I. Total number of unduplicated clients (Santa Ana and Non-Santa Ana Residents) anticipated to be served by the funded ro ram, named above, during the 12-month contract period. 348,100 Persons City of Santa Ana Scope of Work Santa Ana Police Department Helicopter Program II. Number of ONLY unduplicated Santa Ana residents to be served by the funded program, named above, during the 12-month contract period. I 348100lPersons Program and Funding Description III. Description of Work - In the space below, describe the program to be funded during the 12-month contract period. What specific activities will be undertaken during the contract period. Please be concise in your response. Only the viewable space will print. The Santa Ana Police Helicopter Program provides response to service calls over the entire city, but the goal is to concentrate air support on high priority calls and violent crimes in progress. The helicopter is an effective, technologically advanced tool that aids in control and suppression of crime, and enhances officer and citizen safety during crimes in progress and pursuits. The helicopter provides a safer environment for ground units responding to calls, as helicopter personnel inform them of potentially dangerous situations. Well-informed officers are more secure in their work and more effective in combating crime, and citizens are assured of rapid, effective services. The helicopter provides service seven days per week from 9:00am to 3:00am. The Santa Ana Police Department has participated in the Airborne Law Enforcement program for 17 years and provides one full time pilot and one part-time observer. During the upcoming fiscal year, the Department plans to add an second observer to the program. Schedule of Performace Estimate the number of ONLY unduplicated Santa Ana residents to be served by the funded program during the 12- If they were served month contract period per quarter. (Enter number of new Santa Ana clients served each quarter. in quarter 1 do not count them again in quarter 2) Quarter 1: July 1 - September 30 Quarter 2: October 1 - December 31 Quarter 3: January 1 - March 31 Quarter 4: April 1 -June 30 87025 Persons 87025 Persons 87025 Persons 87025 Persons 348100 Total unduplicated Santa Ana Residents to be served. Schedule of Invoicing Estimate the amount of grant funds to be requested durina the 12-month contract period on a quarterly basis. Quarter 1: July 1 - September 30 $ 5,4 75.00 Quarter 2: October 1 - December 31 $ 5,475.00 Quarter 3: January 1 - March 31 $ 5,475.00 Quarter 4: April 1 -June 30 $ 5,475.00 $ 21,900.00 Total Grant Exhibit A Page 1 of 1 City of Santa Ana Performance Outcome Tracking Please find the activity most c10sety associated to the service that will be provided and place an "X" next to it then answer 'h the question below. Please note the tracking that is involved Wit this activity. Place an "X" next to one Activity/ Activity Program City Outcome Tracking Goal HUD Outcome Tracking HUD Goal Anti-Crime T rack the reduction in Reduce response time to Number of persons assisted: Sustainability for the Services response time and the serious crimes in the City's -with new access to a service purpose of creating number of criminal Low- and Moderate-Income -with improved access to a service Suitable Living apprehended as a result. area by at least 3 minutes -where activity was used to meet a quality Environments X resulting in the standard or measurably improved quality, apprehension of 1,500 report the number that no longer only criminals that may have access to substandard service otherwise escape. ***5-year goal to be achieved by FY 09/10 Fair Housing Provide fair housing service 1. Provide fair housing Number of persons assisted: Accessibility for the Services and ongoing analysis of counseling, education and -with new access to a service purpose of providing impediments to fair enforcement services to -with improved access to a service Decent Affordable housing. 7,000 Santa Ana -where activity was used to meet a quality Housing households. standard or measurably improved quality, "*5-year goal to be report the number that no longer only achieved by FY 09/10 have access to substandard service 2. Annually assess actions Number of persons assisted: Accessibility for the to eliminate impediments to -with new access to a service purpose of providing fair housing. -with improved access to a service Decent Affordable -where activity was used to meet a quality Housing standard or measurably improved quality, report the number that no longer only have access to substandard service Homelessness Track assisted individuals 50% of assisted individuals -Number of households that RECEIVED Accessibility for the Prevention who retained their housing and households will retain emergency financial assistance to purpose of creating or utilities for at least 6 their housing or utilities for prevent homelessness Suitable Living months after assistance at least 6 months after -Number of households that RECEIVED Environments was provided. assistance is provided. emergency legal assistance to prevent homelessness Emergency Track individuals who 50% of Number of homeless persons given Accessibility for the Shelter received support services individuals/households that overnight shelter purpose of creating that were linked to one or are provided with Suitable Living more additional support emergency shelter will OR Environments service and/or appropriate transition to interim housing housing. (i.e., transitional housing). Number of beds created in overnight shelter or other emergency housing Transitional Track homeless individuals 5% of homeless individuals Number of persons assisted: Accessibility for the Housing who participated in participating in transitional -with new access to a service purpose of creating transitional housing housing program will be -with improved access to a service Suitable Living program that were placed in placed in permanent -where activity was used to meet a quality Environments permanent housing. housing. standard or measurably improved quality, report the number that no longer only have access to substandard service Supportive Track individuals who 50% of individuals/families Number of persons assisted: Accessibility for the Services for received support services receiving support services -with new access to a service purpose of creating ESG that were linked to one or will be linked to one or -with improved access to a service Suitable Living more additional support more additional support -where activity was used to meet a quality Environments service and/or appropriate service and/or appropriate standard or measurably improved quality, housing. housing. report the number that no longer only have access to substandard service Exhibit A-1 Page 1 of 3 Place an "X" next to one Activity/ Activity Program City Outcome Tracking Goal HUD Outcome Tracking HUD Goal Senior Services 1. Track assisted senior 1. 80% of assisted senior Number of persons assisted: Accessibility for the citizens that remained citizens will remain -with new access to a service purpose of creating independent for at least 1 independent for at least 1 -with improved access to a service Suitable Living year after services were year after services are -where activity was used to meet a quality Environments provided. provided. standard or measurably improved quality, report the number that no longer only have access to substandard service 2. Track seniors receiving 2. 90% of seniors Number of persons assisted: Accessibility for the referrals that were linked to receiving referrals will be -with new access to a service purpose of creating the services sought. linked to the services -with improved access to a service Suitable Living sought. -where activity was used to meet a quality Environments standard or measurably improved quality, report the number that no longer only have access to substandard service Owner- Number of owners assisted Physical safety and Total number of units: Accessibility for the Occupied to rehabilitate their primary comfort will be improved for -Number occupied by elderly purpose of providing Housing residence for the following Low and Moderate income -Number of units brought from Decent Affordable Rehabilitation income categories: households by improving substandard to standard condition (HQS Housing -Extremely Low Income homes to a level that or local code) -Very Low Income meets or exceeds HUD -Number qualified as Energy Star -Moderate Income housing quality standards. -Number of units brought into compliance Special Needs Categories with lead safe housing rule (24 CFR part -Large Families 35) -Number of units made accessible for persons with disabilities Frail Elderly Track frail elderly 90% of frail elderly Number of persons assisted: Accessibility for the Services individuals that were linked individuals will be linked to -with new access to a service purpose of creating to the services sought. the services sought. -with improved access to a service Suitable Living -where activity was used to meet a quality Environments standard or measurably improved quality, report the number that no longer only have access to substandard service Disabled Track disables persons Support independent living Number of persons assisted: Accessibility for the Services whose independent living for 90% of disabled -with new access to a service purpose of creating was supported by City persons assisted by City -with improved access to a service Suitable Living funds. funds. -where activity was used to meet a quality Environments standard or measurably improved quality, report the number that no longer only have access to substandard service Services for Track individuals assisted 100% of individuals Number of persons assisted: Accessibility for the Mentally III with City resources that assisted with City -with new access to a service purpose of creating were provided an entry resources will be provided -with improved access to a service Suitable Living point into the regional an entry point into the -where activity was used to meet a quality Environments mental health care system regional mental health care standard or measurably improved quality, and linked to at least one system and linked to at report the number that no longer only additional mental health least one additional mental have access to substandard service supportive service. health supportive service. Services for Track how many individuals Provide entry into the Number of persons assisted: Accessibility for the Substance with substance addiction in regional recovery system -with new access to a service purpose of creating Addicted were provided an entry into for 25 individuals with -with improved access to a service Suitable Living the regional recovery substance addiction and -where activity was used to meet a quality Environments system and linked to link them to additional standard or measurably improved quality, additional services. services. report the number that no longer only ***5-year goal to be have access to substandard service achieved by FY 09/10 Exhibit A-1 Page 2 of 3 Place an "X" next to one Activity/ Activity Program City Outcome Tracking Goal HUD Outcome Tracking HUD Goal Youth Services 1. Track improvement in 1. For education-based Number of persons assisted: Accessibility for the pre-test, post-test scores. programs, improve pre-test -with new access to a service purpose of creating post-test scores by 50% -with improved access to a service Suitable Living -where activity was used to meet a quality Environments standard or measurably improved quality, report the number that no longer only have access to substandard service 2. Track number of 2. Provide opportunities for Number of persons assisted: Accessibility for the individuals exposed to the exposure to the fine arts. -with new access to a service purpose of creating fine arts. -with improved access to a service Suitable Living -where activity was used to meet a quality Environments standard or measurably improved quality, report the number that no longer only have access to substandard service 3. Track children/youth 3. 90% of children/youth Number of persons assisted: Accessibility for the seeking referrals that were seeking referrals will be -with new access to a service purpose of creating linked to the services linked to the services -with improved access to a service Suitable Living sought. sought. -where activity was used to meet a quality Environments standard or measurably improved quality, report the number that no longer only have access to substandard service Low- and Track program participants 90% of program Number of persons assisted: Accessibility for the Moderate- that were linked to services participants will be linked to -with new access to a service purpose of creating Income sought. services sought. -with improved access to a service Suitable Living Services -where activity was used to meet a quality Environments standard or measurably improved quality, report the number that no longer only have access to substandard service Describe how you will gather the tracking information, noted above, for that activity. Quarterly reports from the ABLE Pilot are forwarded to the CDBG program coordinator. The reports track the number of hours the helicopter spends on calls for service; the number of calls for service; the number of arrests made with assistance of the helicopter; the number of vehicle pursuits on which the helicopter assists; the number of arrests for possession of stolen vehicles, persons armed wtih firearm, robbery, burglary and assaults with deadly weapons. The report provides a monthly average summary of activities performed by the helicopter crew in addition to the quarterly statistics. Exhibit A-1 Page 3 of 3 Program Year 2007-2008 Final Budget Organization Name Santa Ana Police Department Program Name Helicopter Program Expenditures Expenses Funded by Expenses Funded Total Program Total Organizational Cate 0 Santa Ana COBG b Other Sources Bud et Bud et Administrative Staff Salaries & Benefits $ $ Program Staff Salaries & Benefits $ $ Contractu ai/Professional Services $ 21,900 21,900 Office Su lies Rent Communications Utilities Insurance Other:List below $ 2 $ 3 $ 4 $ 5 $ Total $ 21,900 $ $ 21,900 $ LIST ALL OTHER PROGRAM FUNDS THAT HAVE BEEN SECURED FOR 07-08 (Total Funds for Program must equal Total Program Budget above) Source Amount Santa Ana CDBG $ 21,900 Total Funds for the Program Exhibit B Page 1 of 1 $ 21,900 2007-2008 Funded Personnel Name of Organization: Santa Ana Police Department Name of Program Helicopter Program NOTE: Please remember that this is only a budget and that reimbursement should be based on actual service. ADMINISTRATIVE STAFF Position Title Annual Annual Total CDBG Funds Of this time Maximum Salary Benefits Compensation Requested for percent of Amount of this position time serving eligible Santa Ana Complensation $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - Total Amount Requested $ - Must equal amount indicated on Exhbit B PROGRAM STAFF Position Title Annual Annual Total CDBG Funds Of this time Maximum Salary Benefits Compensation Requested for percent of Amount of this position time serving eligible Santa Ana Comnlensation $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - Total Amount Requested $ - Must equal amount indicated on Exhbit B CONTRACTUAL/PROFESSIONAL SERVICES Type of Service Annual Contract Amount Total CDBG Funds Of this time Maximum Compensation Requested for percent of Amount of this position time serving eligible Santa Ana Comnlensation Airborne Law Enforcement Svs $ 245,000 $ 245,000 $ 21,900 50% $ 122,500.00 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - Total Amount Requested $ 21,900 Must equal amount indicated on Exhbit 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 #DIV /O! #DIV /O! #DIV /O! #DIV /O! #DIV /O! #DIV/O! #DIV/O! #DIV/O! #DIV/O! #DIV/O! #DIV /O! #DIV/O! #DIV /O! #DIV/O! #DIV /O! #DIV /O! #DIV/O! #DIV /O! #DIV/O! #DIV/O! #DIV/O! #DIV/O! #DIV /O! #DIV/O! #DIV/O! #DIV/O! 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: (1) 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 ofa 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 sub awards 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. 0ItAl;-/t" I}v/J" P<Jt-1 cci /)~~i Grantee/Contactor Organization /+':1...1' Ol"/l.:/l.. ?A'HII/t,.,~ Program Title Name of Certifying Officer (~\ . "Y<A ~ Signature ~~~ - G) Date EXHIBIT C Page 1 of2 . . SUB RECIPIENT 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 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. SUBRECIPIENT will comply with all Federal statutes applicable to projects funded with community development funds, except that (a) SUB RECIPIENT 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