HomeMy WebLinkAbout25L - CDBG
REQUEST FOR ,
COUNCIL ACTION a ~ a~~~
CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY:
JUNE 21, 2010
TITLE: APPROVED
? As Recommended
COMMUNITY DEVELOPMENT BLOCK ? As Amended
GRANT AMENDMENT AND AWARD FOR ? Ordinance on 15~ Reading
? Ordinance on 2nd Reading
SENIOR SERVICES ? Implementing Resolution
? Set Public Hearing For
CONTINUED TO
f,
~'~,,,,~C{------- FILE NUMBER
CITY MANAGER
RECOMMENDED ACTION
1. Amend the Fiscal Year 2010-2011 Community Development Block Grant program to
increase the Parks, Recreations and Community Services Agency allocation by $2,500 from
FY 2009-10 unexpended funds for a total allocation of $58,500.
2. Authorize the City Manager and the Clerk of the Council to execute the attached sub-
recipient agreement with Community SeniorServ, Inc. in the amount of $58,500, subject to
non-substantive changes approved by the City Manager and City Attorney.
DISCUSSION
In April 2010, the Parks and Recreation and Community Services Agency (PRCSA) was allocated
Community Development Block Grant (CDBG) funding to support the Senior Meals Programs.
PRCSA, which manages and coordinates a variety of programs and activities for seniors, will utilize
the allocation of CDBG funds to enter into asub-recipient agreement with Community SeniorServ
Inc. to continue to provide these two programs in Santa Ana effective July 1, 2010 through June
20, 2011.
The Meals on Wheels program prepares and delivers three meals daily directly to the home of
homebound, frail, and socially isolated seniors in the City. A registered dietician plans the meals to
assure 100% of the U.S. Nutritional Recommended Daily Allowance -consisting of breakfast, a
cold lunch and a frozen dinner. In addition to meals, clients benefit from daily contact with delivery
staff, as well as the calls and/or visits from case workers who regularly check on their well-being.
The Senior Lunch Program would be offered at three sites in Santa Ana (Santa Ana Senior Center,
Southwest Senior Center and Vietnamese Community Center) to help alleviate poor nutrition
among the vulnerable elderly population, especially prevalent among those who live alone and/or
25L-1
CDBG Amendment and Award
for Senior Services
June 21, 2010
Page 2
on limited income. This nutrition program seeks to enhance the physical and mental well-being of
the elderly population by:
• Encouraging a sense of dignity;
• Providing stimulating activities and volunteer opportunities; and
• Augmenting participants' financial resources by providing donation-based meals.
The Senior Lunch Program meals are also planned and certified by a dietician to meet one third of
each person's daily nutritional needs, based on FDA guidelines.
FISCAL IMPACT
Funds are available in the CDBG account (no. 13518783-69135/11750701172).
APPROVED AS TO FUNDS AND ACCOUNTS:
Gerardo R. Mouet Francisco Gutierrez
Executive Directo Executive Director
Parks, Recreatio and Finance & Management Services Agency
Community Servi es Agency
Cynthia J. Nelson
Deputy City Manager for Development
Services
Community Development Agency
CJN/NTE/FH/kg
Exhibit 1. Agreement
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AGREEMENT BETWEEN THE CITY OF SANTA ANA AND
COMMUNITY SENIORSERV FOR USE OF
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
This Agreement, is hereby made and entered into this 1st day of July, 2010, by and between
the City of Santa Ana, a charter city and municipal corporation of the State of California ("CITY")
and Community SeniorServ, a California nonprofit corporation ("SUBRECIPIENT").
WITNESSETH
Recitals:
A. T he C TTY, as an en titlement r ecipient an d g rantee o f t he U nited S fates D eparhnent o f
Housing a nd U rban D evelopment ("HUD") Community D evelopment B lock G rant ("CDBG")
Program, desires to enter this Agreement with the SUBRECIPIENT for the expenditure of CDBG
funds in accordance with Title 24, Part 570 of Code of Federal Regulations 24 CFR 570.000, et seq.
("CDBG REGS"); and
B. CITY has applied for and received CDBG funds from HUD pursuant to Title I of the
Housing and Community Development Act of 1974, Public Law 93-383, as amended ("ACT"); and
C. The SUBRECIPIENT is a private nonprofit agency that has been selected by the CITY
to r eceive C DBG f ands a nd a dminister s uch f financial a ssistance; a nd t o pr ovide 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).
D. SUBRECIPIENT agrees that it will adhere to the performance measurements and
outcomes as indicated on Exhibit A-1 (Outcome Tracking). 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.
E. The CITY and SUBRECIPIENT have duly executed this Agreement for the expenditure of
such funds; and
WHEREFORE, it is ag reed b y an d b etween t he parties that the f oregoing R ecitals are a
substantive pa rt of this Agreement a nd t he f ollowing t erms a nd c onditions a re a pproved a nd
together with all exhibits and attachments hereto, shall constitute the entire Agreement between the
CITY and SUBRECIPIENT:
1
EXHIBIT 1
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I. SUBRECIPIENT'S OBLIGATIONS
A. Non-Profit Status - Representations and Warranties.
(a) Authority. SUBRECIPIENT is a duly organized and existing non-profit corporation
in good standing and authorized to do business under the laws of the State of California.
SUBRECIPIENT has full right, power and lawful authority to accept the funding hereunder and
to undertake all obligations as provided herein and the execution, performance and delivery of
this Agreement by SUBRECIPIENT has been fully authorized by all requisite actions on the part
of SUBRECIPIENT.
(b) Experience. SUBRECIPIENT is a qualified provider of the services to be provided
hereunder.
(c) Familiarity With Services Required. By executing this Agreement,
SUBRECIPIENT warrants that (i) it has thoroughly investigated and considered the services to
be performed and provided hereunder, (ii) it has carefully considered how the services should be
performed, and (iii) it fully understands the facilities, difficulties and restrictions attending
performance of the services under this Agreement.
(d) No Conflict. To the best of SUBRECIPIENT'S knowledge, SUBRECIPIENT'S
execution, delivery and performance of its obligations under this Agreement will not constitute a
default or a breach under any contract, agreement or order to which SUBRECIPIENT is a party
or by which it is bound.
(e) No Bankruptcy. SUBRECIPIENT is not the subject of any current or threatened
bankruptcy proceeding.
(f) No Pending Legal Proceedings. SUBRECIPIENT is not the subject of a current or
threatened litigation that would or may materially affect SUBRECIPIENT'S performance under
this Agreement.
(g) Application Veracity. All provisions of and information provided in
SUBRECIPIENT'S application for funding submitted to CITY including any exhibits are true
and correct in all material respects.
(h) No Pending Investigation. SUBRECIPIENT is not aware that it is the
subject of any current or threatened criminal or civil action investigation by any public agency,
including without limitation a police agency or prosecuting authority, that would relate to affect
performance of the Agreement or provision of services hereunder.
B. Amount of Grant and Quarterly Disbursement. The amount granted to
SUBRECIPIENT is $ 58,500 ("CDBG FUNDS"), and such funds shall be expended by
SUBRECIPIENT on or before June 30, 2011. The CDBG FUNDS shall be disbursed by CITY
to SUBRECIPIENT on a quarterly basis on or before the 15`h of each of the following months
(October, January, April and July) subject to and upon receipt and approval of a complete
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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.. Failure to provide any of the required documentation and reporting will cause
CITY to withhold all or a portion of a request for reimbursement, or return the entire
reimbursement package to SUBRECIPIENT, until such documentation and reporting has been
received and approved by CITY.
C. Use of Funds. SUBRECIPIENT agrees to use all federal funds provided by CITY to
SUBRECIPIENT pursuant to this Agreement to operate said program, as set forth in "Exhibit A,"
attached hereto and by this reference incorporated herein. SUBRECIPIENT'S failure to perform as
required may, in addition to other remedies set forth in this Agreement, result in readjustment of the
amount of funds CITY is otherwise obligated to pay to SUBRECIPIENT hereunder.
D. Allowable C osts. SUBRECIPIENT a grees to c omplete s aid program on or before
June 30, 2011 and to use said funds to pay for necessary and reasonable costs allowable under the
federal law and regulations to operate said program. Said amounts shall include, but not be limited
to,wages, a dministrative c osts, a nd e mployee b enefits c omparable to o ther s imilarly s ituated
employees. Other allowable program costs are detailed in the Budget, as set forth in "Exhibit B,"
attached h ereto an d b y t his r eference i ncorporated herein. SUBRECIPIENT s hall a se a 11 income
received f rom s aid f ands onl y f or t he s ame par poses f or w hick said f ands m ay be expended
pursuant to the terms and conditions of this Agreement.
E. Licensing. SUBRECIPIENT ag rees t o o btain an d m aintain al l r equired 1 icenses,
registrations, accr editation an d i nspections f rom al 1 ag encies g overning i is o perations.
SUBRECIPIENT s hall e nsure t hat its s taff s hall also obtain a nd ma intain a 11 r equired 1 icenses,
registrations, accr editation an d i nspections f rom al 1 ag encies g overning S UBRECIPIENT's
operations hereunder. Such 1 icensing r equirements i nclude obtaining a C ity bus iness 1 icense, a s
applicable.
F. Zoning. SUBRECIPIENT a grees t hat a ny f acility/property us ed i n f urtherance of
said pr ogram s hall be s pecifically z oned a nd pe rmitted for s uch us e(s) a nd a ctivity(ies). Should
SUBRECIPIENT fail to have the required land entitlement and/or permits, thus violating any local,
state o r f ederal r ales an d r egulations r elating t hereto, S UBRECIPIENT s hall i mmediately m ake
good-faith of forts t o g ain co mpliance w ith local, state o r f ederal r ales an d r egulations f ollowing
written n otification o f said violation(s) f rom t he C ITY o r o ther au thorized ci ting ag ency.
SUBRECIPIENT shall notify CITY immediately of any pending violations. Failure to notify CITY
of pe nding violations, or t o r emedy s uch know n vi olation(s) s hall r esult in t ermination of grant
funding hereunder. S UBRECIPIENT m ust make a 11 c orrections r equired to br ing t he
facility/property i nto c ompliance w ith the 1 aw within s ixty (60) da ys of not ification of the
violation(s); failure to gain compliance within such time shall result in termination of grant funding
hereunder.
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G. Separation of A ccounts. A 11 f ands r eceived by S UBRECIPIENT f rom C ITY
pursuant t o this A greement s hall be maintained in a n a ccount in a f ederally i nsured ba nking or
savings and loan institution with record keeping of such accounts maintained pursuant to applicable
OMB C ircular A -110 r equirements. SUBRECIPIENT is n of r equired to ma intain separate
depository accounts for CDBG FUNDS; provided however, the SUBRECII'IENT must be able to
account f or r eceipt, o bligation a nd e xpenditure o f C DBG F UNDS par suant to ap plicable O MB
Circular A-110 requirements.
H. Audit R eport Requirements. SUBRECIPIENT agrees t hat i f S UBRECIPIENT
receives Five Hundred Thousand Dollars ($500,000.00) or more in federal funds, SUBRECIPIENT
shall ha ve a n a nnual a udit c onducted by a c ertified p ublic acco untant i n acco rdance w ith t he
standards a s s et f orth a nd pub lished b y t he U nited S tates O ffice of Management a nd B udget.
SUBRECIPIENT 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.
I. Record Keepin eporting. SUBRECIPIENT shall keep and maintain complete and
adequate r ecords a nd r eports t o a ssist C ITY i n m eeting a nd m aintaining i is r ecord ke eping
responsibilities under the CDBG REGS, 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 SUBRECIPIENT program.
b. Documentation of the number of persons and/or families participating
in or benefiting by the SUBRECIPIENT 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 REGS.
(2) Reports
(i) Payment Request. Concurrently with the submittal of each
quarterly report, on or before the 15th day of October, January,
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April and July, SUBRECIPIENT shall submit both: an original
invoice and true copies of invoices, receipts, agreements, copies
of any and all contracts or documentation pertaining to costs for
subcontractors or other documentation supporting and
evidencing how the CDBG FUNDS have been expended during
the applicable quarter.
(ii) Quarterly Activity Report: SUBRECIl'IENT 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.. Failure to provide any of the required
documentation and reporting will cause CITY to withhold all or a portion of a
request for reimbursement, or return the entire reimbursement package to
SUBRECIPIENT, until such documentation and reporting has been received and
approved by CITY.
J. Access to Records. CITY and the United State Government and/or their
representatives shall have access for purposes of monitoring, auditing, and examining
SUBRECIPIENT's activities and performance, to books, documents and papers, and the right to
examine records of SUBRECIPIENT's subcontractors, bookkeepers and accountants, employees
and participants in regard to said program. CITY and the United States Government and/or their
representatives shall also schedule on-site monitoring at their discretion. Monitoring activities
may also include, but are not limited to, questioning employees and participants in said program
and entering any premises or any site in which any of the services or activities funded hereunder
is conducted or in which any of the records of SUBRECIPIENT are kept. Nothing herein shall
be construed to require access to any privileged or confidential information as set forth in federal
or state law.
K. Location of R ecords/Required L ength of R ecord K eepin All acco unting r ecords,
reports, a nd evidence pe rtaining t o a 11 c osts, e xpenses a nd t he C DBG FUNDS of
SUBRECIPIENT a nd a 11 doc uments r elated t o t his A greement s hall be maintained a nd ke pt
available at SUBRECIPIENT' S office or place of business for the duration of the Agreement and
thereafter for five (5) years after completion of an audit inconformity with the CDBG REGS's.
Records w hich r elate to (a) c omplaints, c laims, a dministrative p roceedings o r litig ation a rising
out of the performance of this Agreement, or (b) costs and expenses of this Agreement to which
CITY or any other governmental a gency t akes e xception, shall be retained be yond t he five (5)
years until complete resolution or disposition of such appeals, litigation claims, or exceptions. In
the event SUBRECIPIENT does not make the above-referenced documents available within the city
of S anta A na, California, S UBRECIPIENT ag rees t o p ay al l n ecessary and r easonable e xpenses
incurred by CITY in conducting any audit at the location where said records and books of account
are maintained.
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L. Compliance with Law/Program Income. SUBRECIPIENT acknowledges that the funds
being provided by CITY for said program are received by CITY pursuant to the ACT as amended
and t hat expenditures of t hese f ands shall be i n a ccordance w ith t he A CT a nd a 11 pe rtinent
regulations issued b y a gencies of t he f ederal g overnment,including, but not 1 invited t o, a 11
regulations f ound a t T itle 24 of t he C ode of F ederal R egulations. P rogram i ncome received b y
SUBRECIPIENT s hall b e r eturned t o C TTY unl ess o therwise pr ovided f or a n t his A greement.
SUBRECIPIENT ag rees t o co mply f ally w ith al l f ederal, s fate a nd local laws an d co art o rders
applicable to its operation whether or not referred to in this Agreement.
M. Standing. S UBRECIPIENT s hall be i n g ood s tanding, w ithout s uspension by the
California Secretary of State, Franchise Tax Board and Internal Revenue Service. Any change in
the corporate status or suspension of SUBRECIPIENT shall be reported immediately to CITY.
N. Confidentiality. W ithout prejudice t o a ny of her pr ovisions of this A greement,
SUBRECIPIENT shall, where applicable, maintain the confidential nature of information provided
to it concerning participants in accordance with the requirements of federal and state law. However,
SUBRECIl'IENT s hall s ubmit t o CITY a nd or HUD or i is r epresentatives, a 11 r ecords r equested,
including a udit, a xaminations, monitoring a nd ve rifications of r eports submitted b y
SUBRECIPIENT, costs incurred and services rendered hereunder.
O. Independent C ontractor. S UBRECIPTENT ag rees t hat t he p erformance o f
obligations hereunder is rendered in its capacity as an independent contractor and that it is in no way
an agency of CITY.
P. Violation of T erms and C onditions. SUBRECIPIENT a grew t hat i f
SUBRECII'IENT vi olates a ny of t he t erms a nd c onditions of t his A greement or any pr for
Agreement w hereby C DBG f ands w ere r eceived b y S UBRECIPIENT, o r i f S UBRECIPIENT
reports inaccurately, or if on audit there is a disallowance of certain expenditures, SUBRECIPIENT
agrees to remedy the acts or omissions causing the disallowance and repay CITY all amounts spent
in v iolation thereof. I f SUBRECIPIENT e ngaged i n f raudulent a ctivity t o ob fain a nd/or justify
expenditure of the CDBG funds granted hereunder, SUBRECIPIENT shall be required to reimburse
the CITY of all such funds that were obtained/spent under fraudulent circumstances.
Q. Equipment. S UBRECIPIENT a grew t o m aintain a r ecord f or each item of n on-
expendable p ersonal property a cquired unde r t he t erms of t his A greement. S aid r ecord s hall b e
made available to CITY upon request. The term "non-expendable personal property" shall include
leased and purchased equipment.
R. Prohibited U se. SUBRECIPIENT h ereby certifies an d a grew th at it w ill n of u se
funds provided through this Agreement to pay for entertainment, meals or gifts.
S. Lobbying. S UBRECIPIENT c ertifies th at it w ill c omply w ith f ederal law (31
U.S.C. 1352) and regulations found at 24 C FR Part 87, which provide that no appropriated funds
maybe expended by the recipient of a federal contract, grant, loan or cooperative agreement to pay
any pe rson f or i nfluencing or a ttempting t o i nfluence a n of facer or employee of a ny a gency,
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Member of Congress, or an of facer or e mployee of a M ember of Congress i n c onnection w ith
awarding o f an y f ederal co ntract, t he m aking o f an y f ederal g rant o r l oan, en tering i nto an y
cooperative ag reement a nd t he e xtension, r enewal, am endment o r m odification o f an y f ederal
contract, grant, loan or cooperative agreement. S UBRECIPIENT shall sign a certification to that
effect in a form as set forth in "Exhibit C," attached hereto and by this reference incorporated herein.
SUBRECIPIENT s hall s ubmit s aid signed c ertification to CITY prior t o performing a ny of its
obligations under this Agreement and prior to any obligation arising on the part of CITY to pay any
sums to SUBRECIPIENT under the terms and conditions of this Agreement.
If any funds other than Federal appropriated funds have been paid or will be paid to
any pe rson f or i nfluencing or a ttempting t o influence a n of facer or employee of a ny a gency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress i n c onnection with t his F ederal c ontract, g rant, l oan, or c ooperative a greement, t he
undersigned shall c omplete a nd s ubmit a " Disclosure F orm to Report L obbying," i n a ccordance
with its instructions (see C-1).
T. Financial Interest. SUBRECII'IENT agrees that except for the use of CDBG funds
to pay salaries and other related administrative or personnel costs, no persons who exercise or have
exercised any function with respect to CDBG activities assisted under the terms of this Agreement,
or who are in a position to participate in adecision-making process or gain inside information with
regard to such activities, may obtain a financial interest or benefit from aCDBG-assisted activity of
SUBRECII'IENT, e ither f or t hemselves or t hose with w hom they ha ve f amily or bus iness t ies,
during their tenure or for one year thereafter. This prohibition applies to any person who is an
employee, agent, consultant, officer, or elected or appointed official of CITY, or of
any designated public agencies, or the SUBRECIPIENT.
U. Davis-Bacon Act. All laborers and mechanics employed by contractors or
subcontractors in the performance of construction work, including alterations and repairs, in excess
of $2,000.00, financed in whole or in part with federal 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 276a - 276a-5. Any such construction contract
shall include and comply with the required contract provisions and rules set forth in 29 C.F.R. §5.5.
Further, t he pa yroll r eports (along w ith t he "Statement of Compliance") and ba sic r ecords a re
required to be maintained and submitted, or made available, pursuant to 29 C.F.R. §5.5(a)(3). No
payment, advance, grant, loan or guarantee of funds shall be approved by the federal agency unless
there i s o n f ale w ith the ag ency a cer tification b y t he co ntractor that the co ntractor an d i is
subcontractors ha ve c omplied w ith the provisions of 2 9 C.F.R. § 5.5. A breach of t he c ontract
clauses in 29 C .F.R. §5.5 maybe grounds for termination of the contract, and for debarment as a
contractor/subcontractor, as provided in 29 C.F.R. §5.12. Labor standards interviews/investigations
shall be made as necessary to assure compliance [29 C.F.R. §5.6(a)(3)].
V. Drub Free Workplace. S UBRECIPIENT certifies that it has established the following
drug-free workplace policy:
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1. T he unl awful m anufacture, di stribution, dispensing, pos session or use of a
controlled substance is prohibited in the workplace for any employee involved in a federally funded
program.
2. As an employee working in conjunction with a federally funded program, the
employees of SUBRECIPIENT will be required to:
a) Abide by the terms above in statement 1.
b) Notify appropriate officials of SUBRECIPIENT and CITY officials of
any c riminal dr ug s tatute c onviction f or a vi olation oc curring i n t he w orkplace n of
later than five days after such conviction.
3. T he C ITY and t he U nited S tate D epartment of Housing and U rban
Development will be notified within ten days after receiving notice of any such violation.
4. Within 30 days of receiving such notice, appropriate personnel action will be
taken against such employee, up to and including termination.
Each s uch e mployee s hall be r equired t o pa rticipate s atisfactorily i n a dr ug a Buse
assistance or rehabilitation program approved for such purposes by a federal, state or local health,
law enforcement, or other appropriate agency.
W. Uniform A dministrative R equirements for N on-Governmental S ubrecipients/Non-
Profits. The following requirements and standards must be complied with: OMB Circular A-122
"Cost P rinciples f or N on-Profit O rganizations" or O MB C ircular A -21 "Cost Principles f or
Educational Institutions", as applicable; 24 CFR Part 84, "Grants and Agreements with Institutions
of H igher E ducaiton, H ospitals, a nd O ther N on-Profit O rganizations," a s modified by 24 C FR
570.502(b); a nd, O MB C ircular A -133, "Audits of S tates, L ocal G overnments a nd N on-Profit
Organizations".
X. Subpart K of 24 CFR 570. SUBRECIPIENT will carry out its activities in compliance
with the requirements of Subpart K of 24 CFR 570, however SUBRECIPIENT does not assume the
CITY's environmental responsibilities or the responsibility for initiating the environmental review
process under 24 CFR Part 52.
II. CITY'S OBLIGATIONS
A. Payment of Funds. Upon execution of this Agreement by SUBRECIPIENT, CITY shall
pay to SUBRECIPIENT from CDBG funds, when, if and to the extent received from HUD, for
CITY's 2010-2011 CDBG program year amounts expended by SUBRECII'IENT in carrying out
said program for fiscal year 2010-2011 pursuant to this Agreement up to a maximum aggregate
payment of fifty-eight thousand five hundred Dollars ($58,500) in installments determined by
CITY. Payments shall be made to SUBRECIPIENT through the submission of invoices on a
quarterly basis on or before the 15`h of the following months (October, January, April and July) in a
form prescribed by CITY, detailing such expenses.
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CITY shall pay such invoices within thirty (30) days after receipt thereof provided CITY is
satisfied that such expenses have been incurred and documented within the scope and provisions of
this Agreement and that SUBRECIPIENT is in compliance with the terms and conditions of this
Agreement. Failure to provide any of the required documentation and reporting will cause CITY
to withhold all or a portion of a request for reimbursement, or return the entire reimbursement
package to SUBRECIPIENT, until such documentation and reporting has been received and
approved by CITY.
B. Audit of Account. CITY shall include an audit of the account maintained by
SUBRECIPIENT in CITY's annual audit of all CDBG FUNDS in accordance with Title 24 of
the Code of Federal Regulations and other applicable federal laws and regulations.
C. Common Rule: Pursuant to CFR 85.40(a), the CITY manages the day-to-day operations
of e ach g rant a nd s ubgrant s upported a ctivities. C ITY s taff h as d etailed k nowledge o f t he g rant
program r equirements a nd m onitors g rant a nd s ubgrant s upported a ctivities t o a sure c ompliance
with F ederal r equirements. Such monitoring c overs e ach pr ogram, f unction a nd a ctivity a nd
performance goals are reviewed periodically.
D. Environmental Review: In accordance with 24 CFR 58, the CITY is responsible for
undertaking environmental review and maintaining environmental review records for each
applicable project.
E. Performance Monitoring: CITY shall monitor the performance of the
SUBRECIPIENT against goals and performance standards required herein. Substandard
performance as determined by the CITY will constitute non-compliance with this Agreement. If
action to correct such substandard performance is not taken by the SUBRECIPIENT within a
reasonable period of time after being notified by the CITY, contract suspension or termination
procedures will be initiated.
III. NONDISCRIMINATION
SUBRECIPIENT agrees that no person on the ground of race, age, color, national origin,
religion or sex will be excluded from participation in, be denied the benefits of, or be subjected to
discrimination under any program or activity funded in whole or in part with CDBG funds.
IV. CONFLICT OF INTEREST
Pursuant t o t he c onflict o f interest r equirements s et forth in 24 C FR 576.57 a nd O MB
Circulars 1-102 and A-110, SUBRECIl'IENT agrees that no officer, employee, agent or assignee of
CITY having direct or indirect control of any CDBG monies granted to the CITY, inclusive of the
subject C DBG F UNDS, shall s erve a s a n of facer of S UBRECIPIENT. F urther, a ny c onflict o r
potential c onflict o f i nterest o f any o fficer o f S UBRECII'IENT s hall b e fully d isclosed in w rating
prior to the e xecution of t his A greement a nd s aid w rating s hall be at tached an d d eemed f ully
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incorporated a s a pa rt hereof. N otice s hall be s ent b y S UBRECIPIENT t o C ITY r egarding a ny
changes or modifications to its board of directors and list of officers.
V. SPECIAL CERTIFICATION FOR RELIGIOUS ENTITIES
If SUBRECIPIENT is a r eligious entity, SUBRECIPIENT hereby agrees that in connection
with the provision of the services SUBRECIPIENT shall provide with CDBG funds, in accordance
with 24 CFR 570.200(j): '
A. SUBRECIPIENT s hall n of d iscriminate ag ainst any employee or a pplicant f or
employment on t he ba xis of r eligion a nd s hall not 1 imit e mployment or g ive pr eference i n
employment to persons on the basis of religion.
B. SUBRECIPIENT shall not discriminate against any person applying for the services
SUBRECIl'IENT agrees to provide under the terms of this Agreement on the basis of religion and
shall n of 1 imit such s ervices o r g ive p reference t o ap plicants f or s uch s ervices o n t he basis o f
religion.
C. SUBRECIPIENT s hall NOT p rovide r eligious instruction or c ounseling, c onduct
any religious worship or services, or engage in any religious proselytizing, or exert any religious
influence in the provision of the services in said program. The parties agree that this covenant is
intended to and shall be construed for the limited purpose of assuring compliance with respect to the
use of C ITY f ands b y S UBRECIPIENT w ith a pplicable c onstitutional l imitations r expecting t he
establishment of religion as set forth in the establishment clause under the First Amendment of the
United States Constitution and Article I, Section 4 of the California Constitution, and is not in any
manner intended to restrict other activities of SUBRECIPIENT.
D. Where t he services to b e pr ovided u nder s aid pr ogram a re rendered on pr operty
owned by the primarily religious entity SUBRECIPIENT, CDBG funds may also be used for minor
repairs t o such p roperty which ar e d irectly r elated t o the co st o f r endering t he s ervices under s aid
program, w here t he c ost c onstitutes i n do llar to rms o my a n in cidental p ortion o f th e C DBG
expenditure for rendering the services under said program.
VI. PROHIBITION OF NEPOTISM
SUBRECIPIENT a grees not t o h ire or pe rmit t he hiring of a ny pe rson t o f ill a pox ition
funded through this Agreement if a member of that person's immediate family is employed in an
administrative capacity by SUBRECIPIENT. For the purposes of this section, the term "immediate
family" means spouse, child, mother, father, brother, sister, brother-in-law, sister-in-law, father-in-
law, mother-in-law, s on-in-law, d aughter-in-law, a ant, unc le, niece, nephew, s tepparent a nd
stepchild. T he term " administrative c apacity" means ha ving s election, hi ring, s upervisor o r
management responsibilities.
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VII. NOTICES
Notices to the parties s hall, un less o therwise r equested i n w rating, be s ent b y U . S. M ail,
postage prepaid, and addressed as follows:
TO CITY: City of Santa Ana
Community Development Agency (M-25)
20 Civic Center Plaza
P.O. Box 1988
Santa Ana, California 92702-1988
TO SUBRECIPIENT: Mr. Randy Platt
Community SeniorServ
1200 N. Knollwood Circle
Anaheim, CA 92801
VIII. ASSIGNABILITY
None of the duties of, or work to be performed by, SUBRECIPIENT under this Agreement
shall be subcontracted or a ssigned t o a ny a gency, c onsultant, or person w ithout t he pr for w ritten
consent of CITY. S UBRECIPIENT must submit all subcontracts and other agreements that relate
to t his A greement to CITY. N o subcontract o r a ssignment s hall terminate o r a lter the legal
obligations of SUBRECIPIENT pursuant to this Agreement.
IX. HOLD HARMLESS
SUBRECIPIENT shall indemnify, defend and save harmless CITY, its officers, employees,
agents, representatives and volunteers from and against any and all damages to or for loss of use of
property and for injuries to or death of any person or persons, including property and employees or
agents of C ITY, a nd s hall de fend, i ndemnify and s ave ha rmless C ITY, i is of facers, e mployees,
agents, representatives and volunteers from and against any and all claims, demands, suits, actions
or proceedings of any kind or nature, including, but not byway of limitation, workers compensation
claims a nd i ncluding at torney f ees an d r easonable ex penses f or litigation o r s ettlement, r esulting
from or arising out of the negligent or wrongful acts, errors or omissions of SUBRECIPIENT, its
officers, di rectors, e mployees, a gents, s ubcontractors a nd s uppliers a rising out o f
SUBRECIPIENT's performance of this Agreement.
X. INSURANCE
A. In accordance with the provisions of Section 3300 of the Labor Code, if
SUBRECIPIENT has a ny employees i t i s r equired t o be i nsured a gainst 1 iability f or w orker's
compensation or t o un dertake self-insurance. P rior t o commencing pe rformance o f t his
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Agreement, SUBRECIPIENT agrees to obtain and maintain employer's liability insurance with
limits not 1 ess t han $1, 000,000 pe r a ccident. If S UBRECIPIENT h as no employees, no r
workers' compensation coverage, i t m ust ex ecute a D eclaration available f rom t he C ITY, an d
update as is necessary.
B. SUBRECIl'IENT s hall undertake self-insurance, or shall obtain, a t its s ole c ost, a
policy or policies of commercial general liability insurance, or equivalent form, with a combined
single limit of not less than $1,000,000 per occurrence.
Such i nsurance s hall: (1) na me t he C ity of S anta A na, i is of facers, a gents,
representatives, employees and volunteers as additional insureds; (2) be primary with respect to
insurance or self-insurance programs maintained by the CITY; (3) contain standard separation of
insured's pr ovisions; a nd (4) give to C ITY p rompt a nd time ly n otice of c laim ma de o r s uit
instituted arising out of SUBRECIPIENT's operations hereunder.
SUBRECIPIENT s hall: (a) p rior to e xercising a ny r fight a nder th is A greement,
furnish p roperly executed certificates of i nsurance a nd a dditional i nsured e ndorsement t o t he
CITY which shall clearly evidence all coverages required above; (b) provide that such insurance
shall not be materially changed or terminated except on 30 days prior written notice to the CITY;
(c) m aintain s uch i nsurance f or t he pe riod c overed b y t his A greement;and (d) r eplace s uch
certificates for policies expiring prior to the expiration of this Agreement.
XI. REVERSION OF ASSETS
A. Upon the expiration of this Agreement, SUBRECIPIENT shall transfer to CITY any
CDBG f ands on ha nd a t t he time of the e xpiration of this A greement a s w ell a s a ny a ccounts
receivable attributable to the use of CDBG funds. [24 CFR 570.503(b)(8).]
B. Any real property under SUBRECIPIENT's control that was acquired or improved
in whole or in part with CDBG funds in excess of $25,000.00 must either be:
1. Used, where CITY has given written approval, to meet one of the national
objectives stated in 24 CFR 570.208 until five (5) years after expiration of this Agreement, or for
such longer period of time as determined to be appropriate by CITY; or
2. If not us ed i n a ccordance w ith s ubparagraph A a bove, S UBRECIPIENT
shall pay to CITY an amount equal to the current fair market value of the property less any portion
of the value attributable to the expenditure of non-CDBG funds for acquisition of, or improvement
to, the property. Such payment is program income to CITY.
C. Subject t o t he ob ligations s et f orth he rein, t itle t o e quipment a cquired un der t he
terms o f this A greement w ill vest up on a cquisition i n SUBRECIPIENT. When said e quipment
which h as b een acq aired i n acco rdance w ith t his Agreement an d al 1 ap placable r egulations is n o
longer needed for said program, disposition of said equipment will be made as follows:
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1. Items of e quipment w ith a c urrent pe r uni t f air market value of 1 ess t han
$5,000.00 maybe retained, sold or otherwise disposed of with no further obligation to CITY.
2. Items of equipment with a current fair market per unit value of $5,000.00 or
more maybe retained or sold and CITY shall have the right to an amount calculated by multiplying
the current market value or proceeds from the sale by CITY's share of federal funds used to acquire
the equipment, in accordance with 24 CFR 85.32(e)(2).
D. SUBRECII'IENT he reby agrees, upon t he de mand of C TTY, t o execute,
acknowledge and deliver, or cause any person or entity who may have any claim to rights hereunder
or unde r a ny doc ument, i nstrument or a greement e xecuted i n f urtherance of the services a nd
activities to be performed hereunder, to execute, acknowledge and deliver, to CITY assignment(s),
quitclaim deed(s) or such of her a nd f urther i nstruments, doc uments a nd agreements a s m ay be
necessary, i n the s ole and absolute discretion of C ITY, t o ve st i n CITY a 11 o f S UBRECIPIENT's
right, title and i nterest (if any i t m ay have) i n and t o C ITY, C DBG or other federal, s tate a nd/or
local accounts or program funds or allocation of funds to which CITY is or maybe entitled, either
for its own account or as fiduciary or trustee for others, which were obtained for the purpose of the
performance of this Agreement or any previous agreements relating to the same subject matter or
activities a s t his A greement, together w ith a ny i nstruments, l owns, g rants or a dvances b y
SUBRECII'IENT on behalf of CITY, in furtherance of the activities hereunder or thereof.
SUBRECIPIENT's obligations and responsibilities s et forth in this paragraph "XI.
REVERSION OF AS SETS." a nd i n paragraph "XII. TERMINATION"and of her r equirements
pertaining to program income shall not be affected by the termination of this Agreement and shall
survive the date of t ermination of t his A greement f or s uch period of t ime as C ITY a nd/or H UD
deems necessary for the responsibilities, duties and obligations to be performed and completed to
the satisfaction of CITY and HUD.
XII. TERMINATION
A. This A greement may b e to rminated o n th irty (30) d ays' w ritten n otice b y either
party. In the event of such termination, SUBRECIPIENT shall only be entitled to reimbursement
for approved expenses incurred to the effective date of termination.
B. This A greement m ay be suspended or t erminated b y C TTY upon f ive (5) da ys'
written notice for violation by SUBRECIl'IENT of Federal Laws governing the use of Community
Development Block Grant Funds. In the event of such suspension or termination, SUBRECII'IENT
shall only be entitled to reimbursement for approved expenses incurred up t o the effective date of
suspension or termination.
C. Pursuant to 24 CFR 85.43, in the event SUBRECIPIENT defaults by failing to fulfill
all or any of its obl igations he reunder, C ITY may de dare a de fault a nd t ermination of this
Agreement by written notice to SUBRECIPIENT, which default and termination shall be effective
on a date stated in the notice which is to be not less than ten (10) days after certified mailing or
personal service of such notice, unless such default is cured before the effective date of ternlination
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stated i n s uch no tice. If t erminated f or c ause, C ITY s hall be relieved of f urther liability o r
responsibility under this Agreement, or as a result of the termination thereof, including the payment
of money, except for payment for approved expenses incurred for services satisfactorily and timely
performed prior to the mailing or service of the notice of termination, and except for reimbursement
of (1) any pa yments m ade f or s ervices no t s ubsequently pe rformed i n a t imely a red s atisfactory
manner, and (2) costs incurred by CITY in obtaining substitute performance.
D. The g rant of funds un der t his A greement m ay b e t erminated f or co nvenience i n
accordance with 24 CFR 85.44.
E. The g rant of funds un der t his A greement m ay be terminated due t o t he non -
performance of SUBRECIPIENT and/or failure of SUBRECIPENT to perform the work described
in E xhibits A a red B or failure t o m eet t he pe rformance s tandards a red pr ogram g oals s et f orth
therein.
F. In t he ev ent this A greement is terminated as s et f orth i n s ubparagraphs X ILA.
through X II.E.,inclusive, S UBRECIPIENT a grees t o i mmediately r eturn t o C ITY upon C ITY's
demand and prior to any adjudication of SUBRECIPIENT's rights, any and all funds not used, and
to comply with paragraph "XI. REVERSION OF ASSETS" of this Agreement.
XIII. LIMITATION OF FUNDS
The United States of America, through HUD, may in the future place programmatic or fiscal
limitations on the use of CDBG funds which limitations are not presently anticipated. Accordingly,
CITY reserves the right to revise this Agreement in order to take account of actions affecting HUD
program funding. In the event of funding reduction, CITY may, in its sole and absolute discretion,
reduce t he b udget o f t his A greement as a w hole o r as t o co sts cat egory, m ay 1 imit t he r ate o f
SUBRECII'IENT's authority to commit and spend funds, or may restrict SUBRECIPIENT's use of
both i is u recommitted a red i is u nspent f ands. W here H UD ha s di rected or r equested C ITY t o
implement a reduction in funding, in whole or as to a cost category, with respect to funding for this
Agreement,CITY's C ity M anager o r d elegate i s authorized to a ct f or C ITY i n i mplementing a red
effecting s uch a r eduction a red i n r evising,modifying, or a mending t he A greement f or s uch
purposes. I f s uch a r eduction i n funding occurs, SUBRECIPIENT s hall be permitted to de -scope
accordingly. W here C ITY h as r easonable g rounds to que stion S UBRECIPIENT's f fiscal
accountability, financial soundness, or c ompliance w ith this A greement, CITY m ay s uspend t he
operation of this A greement f or up t o s ixty (60) da ys upon f five (5) days w ritten no tice to
SUBRECIl'IENT of its intention to so act, pending an audit or other resolution of such questions.
In no e vent, h owever, s hall a ny r evisions m ade b y C ITY a ffect e xpenditures a red 1 egally bi nding
commitments made by SUBRECIPIENT before it received notice of such revision, provided that
such a mounts ha ve been c ommitted i n g ood f aith a red a re o therwise a llowable a red t hat s uch
commitments are consistent with HUD cash withdrawal guidelines.
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XIV. EXCLUSIVITY AND AMENDMENT OF AGREEMENT
This Agreement supersedes any and all other agreements, either oral or in writing, between
the parties hereto with respect to the use of CITY's CDBG funds by SUBRECIPIENT and contains
all t he co venants an d ag reements b etween t he p arties w ith r espect t o s uch em ployment i n an y
manner w hatsoever. E ach pa riy t o t his A greement a cknowledges t hat nor epresentations,
inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone
acting on be half of any party, w hich a re not embodied he rein, a nd t hat no of her a greement or
amendment he reto s hall be e ffective u mess e xecuted in w riting a nd s igned b y bot h C ITY a nd
SUBRECIPIENT.
XV. LAWS GOVERNING THIS AGREEMENT
This Agreement shall be governed by and construed in accordance with the laws of the State
of California, and all applicable federal laws and regulations.
XVI. VALIDITY
The invalidity in whole or in part of any provision of this Agreement shall not void or affect
the validity of any other provision of this Agreement.
XVII. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the power,
authority and right to bind their respective parties to each of the terms of this Agreement, and shall
indemnify CITY fully, including reasonable costs and attorney's fees, for any injuries or damages to
CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn.
b. All Exhibits and Attachments referenced herein and attached hereto shall be
incorporated as if fully set forth in the body of this Agreement.
c. No delay or omission by either party hereto to exercise any right or power accruing
upon any noncompliance or default by the other party with respect to any of the terms of this
Agreement s hall imp air any such r fight or power or be c onstrued t o be a w aiver t hereof. A
waiver by either of the parties hereto of any of the covenants, conditions, or agreements to be
performed by the other shall not be construed to be a waiver of any succeeding breach thereof
or of any other covenant, condition or agreement herein contained.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the last date and
year written below.
ATTEST: CITY OF SANTA ANA
MARIA D. HUIZAR DAVID N. REAM
Clerk of the Council City Manager
APPROVED AS TO FORM:
JOSEPH W.FLETCHER
City Attorney
By: LISA E. STORCK
Assistant City Attorney
SUBRECIPIENT:
DATE:
Name: RANDY PLATT
Title: CEO
Tax ID: 95-2771715
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25L-18
City of Santa Ana
Scope of Work
Name of Organization Community SeniorServ
Name of Funded Program Meals On Wheels AND Senior Lunch 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.
11,100 Persons
II. Number of unduplicated Santa Ana residents expected to be served by the funded program during the 12-month
contract period.
960 Persons
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.
Santa Ana CDBG funds will be utilized to help fund the raw food costs of meals on wheels and congregate lunch
meals to Santa Ana older adult participants.
Participants in the Meals on Wheels program will receive 3 meals per day 5 days per week during the 2010/11
fiscal year. Additionally, clients will receive case management services and other ancillary services when
needed (personal care, homemaking, chore, home safety checks, and community referrals). Each client will be
assessed quarterly by their assigned case manager/case worker.
Participants in the Senior Lunch program's will be provided a daily (Monday-Friday) lunch program at 3
nutrition sites in Santa Ana.
Locations:
Southwest Senior Center
Santa Ana Senior Center
Vietnamese Community Center
Schedule of Performance
Estimate the number of unduplicated Santa Ana residents to be served by the funded program during the 12-month
contract period per quarter. (Enter number of new Santa Ana clients served each quarter. If they were served in
quarter 1 do not count them again in quarter 2
Quarter 1: July 1 -September 30 700 Persons
Quarter 2: October 1 -December 31 90 Persons
Quarter 3: January 1 -March 31 90 Persons
Quarter 4: April 1 -June 30 80 Persons
960 Total unduplicated Santa Ana Residents to be served.
Schedule of Invoicing
Estimate the amount of grant funds to be requested durin the 12-month contract period on a quarterly basis.
Quarter 1: July 1 -September 30 $ 42,340.00
Quarter 2: October 1 -December 31 $ 5,394.00
Quarter 3: January 1 -March 31 $ 5,394.00
Quarter 4: April 1 -June 30 $ 5,372.00
$ 58,500.00 Total Grant
Exhibit A
Page 1 of 1
25L-19
City of Santa Ana
Performance Outcome Tracking
Activity/
Program Outcome Tracking Goal HUD Outcome Tracking HUD Goal
Meals On Track number of participants 80% of participants will Track number of persons assisted: Accessibility for the
Wheels remaining independent remain independent during -with new access to a service purpose of creating
Program the time services are -with improved access Suitable Living
provided. Environments
Track seniors receiving Accessibility for the
Senior Lunch referrals to services 90% of seniors will be Track number of persons assisted: purpose of creating
Program linked to services sought -with new access to a service Suitable Living
-with improved access Environments
Describe how you will gather the tracking information, noted above, for that activity.
Information is gathered for all participants in both programs (Meals on Wheels and Congregate Meals)
during the initial assessment and then once annually. This information is updated in our database
tracking network (SAMS) system and is then printed in quarterly reports which assist in completing our
quarterly CDBG reports. The SAMS system supports all the basic demographic information required in
the reports.
Exhibit A-1
Page 1 of 1
25L-20
Final Budget
Organization Name Community SeniorServ
Program Name Meals On Wheels AND Senior Lunch Program
Expenditures
Expenses Funded by Santa
Cate o Ana
Administrative Staff Salaries &
Benefits $ -
Program Staff Salaries &
Benefits $ -
Contractual/Professional
Services $ -
Office Supplies
Rent
Communications
Utilities
Insurance
Other:List below
1 Raw Food $ 58,500
2 In Kind
3 Program Supplies
4 Travel/Training
5 Vehicle/Building
6 Outreach and Other
Total $ 58,500
LIST ALL OTHER PROGRAM FUNDS THAT HAVE BEEN SECURED
(Total Funds for Program must equal Total Program Budget above)
Source Amount
Santa Ana $ 58,500
Total Funds for the Program $ 58,500
Exhibit B
Page 1 of 1
25L-21
Funded Personnel
Name of Organization: Community SeniorServ
Name of Program Meals On Wheels AND Senior Lunch Program
ADMINISTRATIVE STAFF
Position Title Annual Annual Total Funds Requested Percent of Maximum
(only list funded positions) Salary Benefits Compensation for this position time serving Amount of
Santa Ana eligible
Compensation
NA $ - $ -
$ - $ -
$ - $ -
$ - $ -
$ - $ -
$ - $ -
$ - $ -
$ - $ -
$ - $ -
Total Amount Re nested $ -
PROGRAM STAFF
Position Title Annual Annual Total Funds Requested Percent of Maximum
(only list funded positions) Salary Benefits Compensation for this position time serving Amount of
Santa Ana eligible
m nation
N/A $ - $ -
$ - $ -
$ - $ -
$ - $ -
$ - $ -
$ - $ -
$ - $ -
$ - $ -
$ - $ -
Tota] Amount Re nested $ -
CONTRACTUAL/PROFESSIONAL SERVICES
Type of Service Annual Contract Amount Total Funds Requested Percent of Maximum
(only list funded services) Compensation for this position time serving Amount of
Santa Ana eligible
Com ensation
N/A $ - $ -
$ - $ -
$ - $ -
$ - $ -
$ - $ -
$ - $ -
$ - $ -
$ - $ -
$ - $ -
Total Amount Re nested $ -
Exhibit B-1
Page 1 of 1
25L-22
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 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 Signature Date
EXHIBIT C
Page 1 of 2
25L-23
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 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) 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
Page 2 of 2
25L-24