HomeMy WebLinkAboutSANTA ANA CITY ATTORNEY'S OFFICE - CDBG CODE ENFORCEMENT - 2007INSURANCE NOT REpUIKED '
WORK M.AY PROCEED A-2007-105-055
CLERK OF COUNCIL
DATE:. l I ~~7~~ ~,~e I~-) COMMUNITY DEVELOPMENT BLOCK GRANT
(~ : C~~}y A'HDrney MEMORANDUM OF UNDERSTANDING
~ndh~ ra. 6agnov~ WITH THE CITY OF SANTA ANA CITY ATTORNEY'S OFFICE
THIS COMMUNITY DEVELOPMENT BLOCK GRANT 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 City of
Santa Ana City Attorney's Office ("Recipient Agency").
RECITALS
A. City has received an award of Community Development Block Grant
("CDBG") funds from the Department of Housing and Urban Development.
B. Recipient Agency 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". Recipient Agency 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 Nationai Objectives
{24 CFR Part 570.208).
C. City has approved the issuance of CDBG funds, in an amount not to
exceed $100,000, to Recipient Agency for these services.
D. Recipient Agency agrees that it will adhere to the performance
measurements and outcomes as indicated on Exhibit A (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 Recipient Agency 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:
Recipient Agency's Services.
A. Statement of the Work. Recipient Agency 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. Schedule for Completion of the Work. Recipient Agency shall provide its
service under the MOU fora 12-month period commencing July 1, 2007, and ending June 30,
2008.
C. Standard of Care. As a material inducement to City to enter into
this MOU, Recipient Agency hereby represents and warrants that it has the experience
necessary to undertake the services to be provided as set forth in Exhibit A.
D. Compliance with Laws. All services rendered hereunder by
Recipient Agency 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 MOU. Recipient Agency shall provide its services under this
MOU fora 12 month period commencing July 1, 2007, and ending June 30, 2008.
3. Budget. Recipient Agency agrees to complete said services on or before
June 30, 2008and 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. Recipient Agency 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. Recipient Agency 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 Recipient Agency an amount not to exceed
$100,000, 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 Recipient Agency on a quarterly basis (October, January, April and
July) subject to and upon receipt and approval of a complete quarterly activity report
from Recipient Agency, 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. Recipient Agency 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.
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5. Federal Contracting Provisions. Recipient Agency agrees to comply with the
following requirements in the performance of this MOU:
A. Executive Order 11246 Requires that during the performance of the
MOU, Recipient Agency agrees not to discriminate against any employee or applicant for
employment because of race religion, sex, color or national origin. Recipient Agency shall take
affirmative action to ensure that applicants are employed, and that the employees are treated
during employment, without regard to their race, religion, sex, color or national origin. Such
action shall include the following without limitation: employment, upgrading, demotion, or
transfer; recruitment or selection for training, including apprenticeship. Recipient Agency
agrees to post in conspicuous places, available to employees and employment applicants,
notices setting forth the provisions of this nondiscrimination clause.
B. In its solicitations or advertisements for employees, Recipient Agency
shall state that all qualified applicants will receive consideration for employment without regard
to race, color, religion, sex or national origin.
C. Recipient Agency shall send to each labor union or representative of
workers with it has a collective bargaining agreement or equivalent, a notice advising the labor
union or workers' representative of Recipient Agency's commitments under section 202 of
Executive Order No. 11246 of September 24, 1965. Recipient Agency shall post copies of the
notice in conspicuous places available to employees and employment applicants.
D. Recipient Agency shall comply with all provisions of Executive Order No.
11246 of September 24, 1965, and of the rules, regulations and relevant orders of the Secretary
of Labor.
E. Section 3 of Housing and Urban Development Act of 1968 as amended,
12 U.S.C. 1701 et esq., requires that to the greatest extent feasible, opportunities for training
and employment be given to lower income residents of the project area and contracts for work
in connection with the project be awarded to business concerns that are located in, or owned in
substantial part by, persons residing in the project area.
F. Under Title VI of the Civil Rights Act of 1964, and Section 109 of the
Housing and Community Development Act of 1974, no person shall, on the grounds of race,
color, national origin or sex be excluded from participation in, be denied the benefits or, or be
subjected to discrimination under any program or activity receiving federal financial assistance.
G. City will use federal funds to pay Recipient Agency for the services to be
performed under this MOU. 31 U.S.C. section 1352 prohibits any Recipient Agency or
Recipient Agency of federal funds from using such funds to influence or attempt to influence an
officer or employee of any federal agency, am Member of Congress or an officer or employee of
Congress, or any employee of a Member of Congress in connection with the awarding of any
federal contract, the making of any federal grant, the making of any federal loan, the entering
into any cooperative agreement and the extension of, continuation, renewal, amendment or
modification of any federal contract, grant, loan, or cooperative agreement.
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H. Every person who requests or receives a federal contract, grant, loan or
cooperative agreement from a federal agency or receives a request from a federal agency a
commitment that would provide for the United States to insure or guarantee a loan must file with
that agency a written declaration and certify that he or she has not made and will not make any
prohibited expenditure. Further, any person who requests or receives from a person referred to
above, a subcontract under a federal contract, a subgrant or contract under a federal grant, a
contract or subcontract to carry out any purpose for which a particular federal loan is made, or
contract under a federal cooperative agreement, is required to file a written declaration with the
person who received the federal contract, grant, loan or commitment to insure or guarantee a
loan.
I. Recipient Agency shall comply with all uniform administrative
requirements as described in 24 CFR Section 570.502.
6. Program Evaluation and Review/ Common Rule. Recipient Agency 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 Recipient Agency's facilities and
program operations, including the interview of Recipient Agency's staff and program
participants. Recipient Agency 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.
7. Non-Discrimination and Equal Employment Opportunity. In the
performance of this MOU, Recipient Agency 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. Recipient Agency 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.
8. Reporting Requirement. Recipient Agency shall furnish to City copies of
all records indicating whether contractors and subcontractors employed on the project
are in compliance with the Davis-Bacon Act (40 U.S.C. § 276a et seq.). Such records
shall include without limitation: Federal and State wage determinations; documentation
of California State Contractor License status; documentation of Federal Debarment
status; and certified payroll records. Such records shall be furnished to the City within
15 days of the commencement of this Agreement, with the exception of payroll records,
which shall be furnished to City not less than 15 days following the period to which such
records are applicable.
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9. Revenue Disclosure Requirement. Recipient Agency 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 Recipient Agency at a location in Orange County. Failure of
Recipient Agency to comply with the requirements of this section shall constitute a material
breach for which City may terminate or suspend this MOU.
10. Audit Report Requirements. Recipient Agency agrees that if Recipient Agency
receives Three Hundred Thousand Dollars ($300,000.00) or more in federal funds, Recipient
Agency 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. Recipient Agency shall provide City with a copy of said audit by October 1 of the year
following the program year in which this Agreement is executed.
11. 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 Recipient Agency; (c) terminated for convenience in accordance with 24 CFR
85.44; and (d) terminated due to the non-performance of Recipient Agency 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, Recipient Agency 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.
12. Reversion of Assets. Upon the expiration of this Agreement, Recipient
Agency 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.
Recipient Agency'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.
13. Exhibits. All documents referenced as exhibits in this MOU are hereby
incorporated in this MOU, including Exhibits A.
14. Entire Agreement. This MOU, and all other documents incorporated herein by
specific reference, represent the entire and integrated agreement between City and Recipient
Agency. This MOU supersedes all prior oral or written negotiations, representations or
agreements. This MOU 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.
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IN WITNESS WHEREOF, the parties have executed this Memorandum of
Understanding as of the date first written above.
ATTEST
B ~_ ~
Patricia E. Healy
Clerk of the Cour~^,il
CITY OF SANTA ANA
~, ~
David N. Ream
City Manager
APPROVED AS TO FORM:
JOSEPH W.FLETCHER
City Attorney
By:
LO A C. PENALOZ!
Assistant City Attorney
"RECIPIENT AGENCY"
CITY OF SANTA ANA
City Attorney's Office
By:
Na :Joseph W. FI tc er
Title: City Attorney
EXHIBIT A
CDBG MOU w/ City of Santa Ana City Attorney's Office
SCOPE OF WORK
CDBG Funding for the City of Santa Ana City Attorney's Office assists in the
administration and support of staff that provide Code Enforcement Prosecution work in
the City's CDBG Tazget Area CDBG funding is budgeted for staff that ensure
compliance with City Code requirements in the CDBG Tazget Area. City Attorney staff
serve as liaisons between the Planning and Building Community Preservation Division,
the City Attorney and the court system in order to pursue prosecution and compliance on
the more difficult cases in the CDBG Target Area handled by Code Enforcement
inspectors. Compliance is obtained through the use of administrative hearings, the
issuance of citations, and criminal complaint filings in court.
Types of Cases Prosecuted by the City of Santa Ana City Attorney
Nuisance activity, including modifications to historic properties, red light
abatement, and drug abatement cases.
Health and Safety Code violations, including vermin infestation and substandard
living conditions.
Unsafe or dangerous structures
Vacant, abandoned, and unsecured structures
Unpermitted construction
Commercial and residential hoarders
Illegal dwelling units and garage conversions
Electrical, building, and plumbing code violations
Fire hazards and Fire Code violations in commercial and residential properties.
Zoning violations such as illegal or unapproved occupancy and unpermitted uses.
Code Enforcement Prosecution utilizes CDBG funding and the City's General fund for
salaries.
PUBLIC HEARINGS
75.A. PUBLIC HEARING -COMMUNITY DEVELOPMENT BLOCK GRANT
PROGRAM FISCAL YEAR 2007-2008
Public hearing closed on March 19, 2007 regarding the proposed
Community Development Block Grant ( )Program and Budget for
Fiscal Year 2007-2008
Legal Notice published in the Orange County Register, La Opinion, Tri-
County Bulletin on March 2, 2007 and Nguoi Viet on March 3, 2007
Continued from the March 19, 2007 City Council Meeting by a vote of 6-0
(Bustamante absent)
Councilmember Benavides abstained from Item 75.A. because he is
on the Board of Directors for one of the organizations seeking funds,
and he left the room during consideration of this item
Motion: 1. Approve the proposed fiscal year 2007-2008 Community
Development Block Grant Program as proposed with the
following changes:
SOCIAL PROGRAMS
HUMAN RELATIONS FINAL
TAB ORGANIZATION COMMISSION AMENDMENT FUNDING
RECOMMENDATION
Achievement Inst. of $8
500
1 Scientific Studies $8,500 ,
AIDS services
2 Foundations
3 Assistance Lea ue $20,000 $20,000
4 Blind Children $18,500 $18,500
5 Bowers Kidseum $5,000 $5,000
6 Bo sand Girls Club $34,500 $5,500 $40,000
7 Cambodian Famil $19,500 $5,500 $25,000
8 Cam fire USA
9 Career Be innin s $15,500 $2,500 $18,000
City of Santa Ana- -$160
600 $21
900
10 Helico ter $182,500 , ,
City of Santa Ana-
McFadden Learning -$2,000 $65,000
11 Center $67,000
City of Santa Ana-
' $31
500 $162,000
12 Pro
ect Pride $130,500 ,
Community Service $6
000 $12,000
13 Pro ram $6,000 ,
CITY COUNCIL MINUTES 145 APRIL 16, 2007
,.. PUBLIC HEARINGS
HUMAN RELATIONS FINAL
TAB ORGANIZATION COMMISSION AMENDMENT FUNDING
RECOMMENDATION
Congressional Dist- $4,200 $16
200
14 Academ of Int'I Dance $12,000 ,
Council of OC St Vincent
De Paui-Pio Pico
15 Pro ram $11,500 $11,500
i6 Council on A in $7,000 -$1,000 $6,000
17 Delhi Center $5,000 $5,000
18 EI Puente $25,000 ! $25,000
19 EI n California
Feedback-Meals on
20 Wheels $22,500 $1,500 $24,000
21 Feedback-Senior Lunch $21,000 $3,000 $24,000
Healthy Smiles for kids
22 of Oran a Count
HOPE Community
23 Services
24 Hotline $5,000 $5,000
25 Human O tions $17,000 $3,000 $20,000
26 Kidsin ers $13,500 -$500 $13,000
27 Laura's House $7,500 $7,500
Legal Aid-Earned
Income Tax Credit
28 Outreach
Legal Aid-Health
29 Consumer Action Center $6,500 $6,500
30 Mari osa $6,000 $6,000
31 Merc House $10,000 $10,000
National Council on
Alcohol & Drug
32 De endence $15,500 $7,900 $23,400
33 O era Pacific
Orange Coast Interfaith
34 Shelter
Orange County Bar
35 Foundation-Pro ramma $9,500 $3,500 $13,000
Orange County Bar
36 Foundation-sto short $6,000 $9,000 $15,000
Orange County Children
37 Thera eutic Arts Center $15,500 $5,000 $20,500
Orange County Human
Relations-Common
38 Ground $5,500 $5,500
3g Orange County Human $8,000 $8,000
NCtL MINUTES 146 APRIL 16, 2007
PUBLIC HEARINGS
TAB
ORGANIZATION HUMAN RELATIONS
COMMISSION
RECOMMENDATION
AMENDMENT FINAL
FUNDING
Relations-Heart of
Oran e
40 Oran a Count on Track $9,500 $6,500 $16,000
41 Orange County Teen
Challen a
$9,500
$500
$10,000
42 OC Youth Commission-
Santa Ana Boxin Club
$14,500
$10,500
$25,000
43 Relam a o Del Cielo $7,000 $3,000 $10,000
44 Saint Jose h Ballet $45,500 $45,500
45 Santa Ana Friends for
the Animals
$7,500
$7,500
46 Santa Ana Hi h School $14,000 -$14,000
47 Share Our Selves $9,500 $9,500
48 Taller San Jose $36,500 $13,500 $50,000
49 Southern California
Colle a of O tomet
50 Southwest Minority
Economic Development
Assoc.
$9,500
$9,500
51 Think To ether $16,000 $14,000 $30,000
52 Thomas House Shelters $10,500 $10,500
53 TKO Boxin Club $15,000 $10,000 $25,000
54 Vietnamese Community
of Oran a Count
$12,000
$12,000 '
55 WISE Place $10,500 $2,000 $12,500
56 Women Hel in Women $6,500 $6,500
57 Women's Transitional
Livin Center
$9,500
$9,500
TOTAL SOCIAL
PROGRAMS
$950,000
NON-SOCIAL PROGRAMS
$950,000
HUMAN RELATIONS FINAL
TAB ORGANIZATION COMMISSION AMENDMENT FUNDING
RECOMMENDATION
Administration &
58 Planning -
Administration $870,000 $870,000
Administration &
59 Planning -Fair Housing
Council of O.C $71,580 $71,580'.
60 Administration & $100,000 $100,OD0
COUNCIL MINUTES 147 APRIL 16, 2007
~_~,,, __
$6,128,173
HUMAN RELATIONS FINAL
TAB ORGANIZATION COMMISSION AMENDMENT FUNDING
RECOMMENDATION
Planning -General
Plannin
61 Capital Improvements -
Fire Truck $784,000 $784,000
Capital Improvements -
62 Neighborhood
Sponsored
Im rovements $50,000 $50,000
Capital Improvements -
63 Neighborhood Street
Im rovements $1,493,093 $100,000 $1,593,093
Capital Improvements -
64 Neighborhood Park
Im rovements $500,000 $500,000
65 Code Enforcement $1,700,000 $1,700,000
66 Historic Preservation -
Ebell Societ
$100,000
-$100,000 ~'
Historic Preservation -
67 Santa Ana Historical
Preservation Societ $39,500 $39,500
Historic Preservation -
68 O.C. Natural History
Museum $100,000 $100,000
69 Housing Rehabilitation -
000
90
Paint Your Heart Out $90,000 ,
$
Housing Rehabilitation -
70 Rebuilding Together
O.C. $30,000 $30,000
Housing Rehabilitation -
71 Multi-Family Rehab
Loans $200,000 $200,000
TOTAL NON-SOCIAL
PROGRAMS
TOTAL SOCIAL
PROGRAMS
TOTAL 2007-2008
CDBG GRANT
$950,000
PUBLIC HEARINGS
$6,128,173
$950,000
$7,078,173 $7,078,173
1. Authorize the City Manager to submit the approved program to
the United States Department of Housing and Urban Development
for the City's fiscal year 2007-2008 allocation of Community
Development Block Grant funds and execute the grant agreement
with the United States Department of Housing and Urban
Development.
CITY COUNCIL MINUTES 148 APRIL 16, 2007
}'~.'
PUBLIC HEARINGS
2. Direct the City Attorney to prepare and authorize the City Manager
and the Clerk of the Council to execute agreements with nonprofit
agencies and/or subrecipients awarded funds as part of the
approved program.
AGMT. NO. 2007-105 - With nonprofit agencies and/or
subrecipients awarded funds as part of the approved program.
MOTION: Alvarez
VOTE: AYES:
SECOND: Martinez
Alvarez, eustamante,
Sarmiento, Tinajero (6)
NOES:
ABSTAIN
ABSENT:
None (0)
Benavides (1)
None (0)
Martinez, Pulido,
COUNCIL CONVENED TO THE COMMUNITY REDEVELOPMENT AGENCY
MEETING FOLLOWED BY THE HOUSING AUTHORITY MEETING AT 6:21 P.M.
COUNCIL RECONVENED WITH ALL MEMBERS PRESENT AT 6:24 P.M.
COUNCIL AGENDA ITEM
Pursuant to Charter Section 411, any member of the City Council may place items on
the City Council Agenda to be considered by the City Council.
85.A. COUNCIL DISCUSSION REGARDING ACTION PLANS FOR PUBLIC
SAFETY, GRAFFITI AND CITY STREETS (Martinez, Sarmiento and
Tinajero)
Council discussion ensued. Councilmembers emphasized the urgency in
maximizing public safety in the city, including the reduction of gang activity
and graffiti and the need for improvement of the city streets.
Councilmember
Martinez noted that the City needed to adopt a pro active approach to
resolving these major issues in the City. All members agreed that there
was a need for action plans to address these major issues. Mayor Pro
Tem Alvarez moved that the matters be referred to the respective Council
Committees and given high priority. Councilmember Benavides
suggested that the Council committees submit action plans to the full
Council within the next 30-45 days.
CITY COUNCIL MINUTES 149 APRIL 16, 2007