HomeMy WebLinkAboutCOMMUNITY ACTION PARTNERSHIP OF ORANGE COUNTY - 2010 City of Santa Ana
1 0 Clerk of the Council
'" AGREEMENT TERMINATION FORM
COTC Office Use Only
Please complete this form when the attached agreement and all
amendments (if any) are no longer in effect.
Return form to the Clerk of the Council Office (M-30).
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(List all amendments. Use space below if needed.)
Department: CDPs—
Phone/Ext.: 2.W
Signature: /
Date: 4/ `` '1
Revised 04-12-10 ljj
A-2010-126
INSURANCE NOT REQUIRED
WORK MAY PROCEED
CLERK OF COUNCIL
DATE: 71?
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P A R i N E R 5 H I P
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1. This agreement is entered into by and between the Community Action Partnership of Orange
County, hereinafter referred to as CAPOC and The City of Santa Ana, hereinafter referred to
as Subcontractor.
2. The term of this Agreement is June 1. 2010 through September 30, 2010.
3. The maximum amount of this Agreement is 200 000.
4. CAPOC and Subcontractor acknowledge and agree that this Agreement:
• is funded by the American Recovery & Reinvestment Act (ARRA), Community
Services Block Grant (CSBG) and is subject to law and Federal rules and regulations
• is a "subcontract' pursuant to a master contract between CAPOC and the State of
California Department of Community Services & Development (hereinafter referred
to as CSD)
• CAPOC is responsible to act and report in compliance with the master agreement
with CSD.
• Subcontractor will use the funds of $200,000 for a summer youth program as set forth
in Exhibit B, Attachment I and Attachment 11
• Subcontractor must comply with ARRA requirements as set forth in Exhibits A
through D, incorporated herein by reference.
• Subcontractor must comply with any and all certifications and disclosures concerning
lobbying as set forth in Exhibit F, incorporated herein by reference.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year
first above-written.
CITY OF SANTA ANA, a municipal
corporation of the State of California
ATTEST:
Maria D. Huizar
Clerk of the Council
By: at-J'6z-?
David N. Ream
City Manager
APPROVED AS TO FORM:
Joseph W. Fletcher
City Attorney
BY:,V, i u
Lisa E. Storck
Assistant City Attorney
COMMUNITY ACTION PARTNERSHIP OF
ORANGE COUNTY, a nonprofit corporation
of the State of California
By: U /_tU GkLI
Clarence W. Ray
Executive Director V
ARRA EXHIBIT A
(Standard Agreement)
SCOPE OF WORK: AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009
ARRA PROVISIONS
The Community Services Block Grant has been established, funded and administered
under the provisions of the American Recovery and Reinvestment Act of 2009
("ARRA"), and is subject to the guidance, directives and applicable laws and regulations
of the Federal Government and the State of California. The parties recognize and agree
to the following underlying principles, which shall form the framework for
implementation of ARRA and the subject program.
WHEREAS:
• ARRA is a comprehensive, yet targeted, response of the Federal Government to the
severe and adverse economic conditions prevailing in the United States of America;
• These conditions require urgent and immediate action by and among many segments
of society and the national economy;
• ARRA and the subject program are intended to stimulate economic activity and job
growth in the communities served by the parties; and
• The Office of Management and Budget (OMB) considers all Federal programs with
ARRA expenditures to be "high risk" due to the new transparency and accountability
requirements; and
• The urgency of the economic conditions is such that some of the requirements and
elements of the subject program have not been fully elaborated by the Federal
Government and, as a consequence, the needed enabling measures and actions by the
State of California are in preliminary form;
IT IS THEREFORE AGREED:
A. That the parties shall be guided by and subject to the provisions of ARRA,
ARRA-related legislation, and all Federal and State regulations, directives,
guidance and circulars issued for the purpose of implementing the ARRA
program (hereinafter "ARRA Obligations");
B. Because some requirements of the ARRA program lack specificity, particularly
with regard to, but not limited to, reporting requirements, funding allocations,
timeframes and the like, CSD shall provide CAPOC with specific ARRA
requirements as they are issued or are otherwise made available to CSD by the
Federal and State Government, which requirements shall also be binding on the
Subcontractor as a condition of the Subcontractor's participation in the ARRA
program, and as a condition of receipt of funds under the program, PROVIDED:
ARRA - At
ARRA EXHIBIT A
(Standard Agreement)
1) That such additional requirements shall be issued by CAPOC in writing in
the form of "ARRA program guidance, bulletins and/or directives;"
2) That such additional requirements shall be issued by CAPOC in most
timely and expeditious manner practicable;
3) That such additional requirements shall be reasonably necessary to satisfy
the Subcontractor's and CAPOC's ARRA Obligations and to realize the
purposes of ARRA;
4) That major and material changes in the ARRA program and/or ARRA
requirements which substantially affect the Contractor's and/or CAPOC's
ability to fulfill their ARRA Obligations or otherwise serve to create a
substantial hardship on either the Subcontractor or CAPOC shall be
subject to an amendment to this Agreement;
5) That the parties' failure to execute a mutually acceptable amendment, as
contemplated in subparagraph B., 4) above, in a reasonable period of time,
given the exigencies of the ARRA program, shall result in this
Agreement's being without force and effect subject only to such
provisions contained herein as are intended to survive the Agreement in
accordance with the express and implied provisions of applicable Federal
and State law: and
6) That upon CAPOC's good faith determination, delivered to the
Subcontractor by written notice, that Agreement between the parties to
any necessary amendment as contemplated in subparagraph B., 4) above,
cannot be achieved, then this Agreement shall be "closed out" and the
funds disposed in accordance with established CAPOC procedure and
policy and as required under Federal and State law.
C. That the Subcontractor shall, in accordance with such governing laws, charter,
articles, bylaws, ordinances, rules and procedures as are applicable to the
Subcontractor, issue resolutions for the approval of this Agreement which may
address the unique nature of ARRA program requirements and ARRA
Obligations and which may create provisional or conditional authorizations or
approvals that are subject to further elaboration and/or determination as
contemplated in subsection B. above., to include, but not limited to grant
amounts, and such other provisions which may, during the term of this
Agreement, be altered or adjusted as a result of actions by the Federal and State
Governments in accordance with ARRA and ARRA Obligations. Should the
Subcontractor be obligated under its own procedure to amend or reissue such
resolutions as are contemplated herein, it shall provide a copy of such resolution
to CAPOC as soon as is practicable.
D. That for purposes of ensuring full compliance with ARRA and ARRA
Obligations, CAPOC may initiate special audits, monitoring visits and requests
for ARRA program-related information, which Subcontractor shall provide and/or
accommodate in a timely fashion.
ARRA-A2
ARRA EXHIBIT A
(Standard Agreement)
E. That Subcontractor shall, to the extent practical and feasible, include in all
informational materials made available to the general public, including but not
limited to newsletters, bulletins, fliers, advertisements, forms and signs, the
following phrase: "This project, program or service is funded in whole or in part
by the American Recovery and Reinvestment Act of 2009 in cooperation with the
California Department of Community Services and Development."
2. PURPOSE
Subcontractor agrees to provide services and activities to advance self sufficiency and
reduce economic dependency in accordance with the federal provisions of Public Law
105-285, Title II- Community Services Block Grant Program, Subtitle B - Community
Services Block Grant Program of the Community Services Block Grant Act/American
Recovery and Reinvestment Act 2009 to eligible beneficiaries residing in Contractor's
Service Area described in Exhibit A, Section 4.
A. Subcontractor is prohibited from using ARRA funds for lobbying purposes
and activities as provided in standard Exhibit E, paragraph. 6. E. of this
agreement.
B. Subcontractor may use ARRA funds to support outreach activities in
connection with Contractor's ARRA Department of Energy (DOE)
Weatherization (WX) and DOE Weatherization Assistance Program (DOE
WAP) for low income purposes, if any, but is prohibited from expending
ARRA funds to pay for administrative costs or labor, construction or material
costs associated with those programs.
3. ORDER OF PRECEDENCE
In the event of any inconsistency among any provisions of this Agreement, the American
Recovery and Reinvestment Act of 2009, Public Law 111-5 shall take precedence over
the non-ARRA Exhibits A through E.
4. SEPARATE ACCOUNTING
Grantees must segregate the obligations and expenditures related to funding under the
Recovery Act. Financial and accounting systems should be revised as necessary to
segregate, track and maintain these funds apart and separate from other revenue streams.
No part of the funds from the Recovery Act shall be commingled with any other funds or
used for a purpose other than that of making payments for costs allowable for Recovery
Act projects. Recovery Act funds can be used in conjunction with other funding sources
as necessary to complete projects, but tracking and reporting must be separate to meet the
reporting requirements of the Recovery Act and OMB Guidance.
5. SUBCONTRACTING
No subcontracts are allowed under this agreement.
A. CAPOC is charged with responsibility of ensuring that the strategic objectives,
including the transparency and accountability requirements of ARRA, are met with
ARRA-A3
ARRA EXHIBIT A
(Standard Agreement)
respect to all subcontracts executed in furtherance of this agreement and of the
ARRA CSBG program. Accordingly, CAPOC's ARRA-related subcontracts shall
incorporate the essential provisions, duties and obligations set forth herein and
Contractor shall ensure that subcontractors' performance is fully compliant with
this agreement.
B. In order to effect the purpose and intent of subsection A, above, Subcontractor
agrees:
1) Prior to or upon execution of this Agreement provide to CAPOC: the name of
the Subcontractor, its address, telephone number, contact person, ARRA
contract amount, ARRA project name, ARRA project description, expected
outcomes, projected number of jobs to be created, projected number of jobs to
be retained and a brief description of the types of jobs to be created and
retained.
2) to have performance monitored to ensure compliance;
3) to continuously assess risk of failure of compliance and take steps necessary
to mitigate such risk;
4) utilize CAPOC's monitoring tools and schedules and conduct evaluations in
order to effect the purposes of subsections 2) and 3) above;
5) register in Central Contractor Registration (CCR) and obtain a Dun and
Bradstreet Universal Numbering System (DUNS) number; and
C. Subcontractor agrees to identify and document the Federal award number,
Catalog of Federal Domestic Assistance number, and amount of ARRA Funds.
D. Subcontractor agrees to include on its Schedule of Expenditures of Federal
Awards (SEFA) information to specifically identify ARRA funding similar to the
requirements for the recipient SEFA. This information is needed to allow
CAPOC to properly monitor Contractor expenditure of ARRA funds as well as
oversight by the Federal awarding agencies, Offices of Inspector General and the
Government Accountability Office.
1) Subcontractor agrees that there shall be no procurements, purchases or
subcontracts in excess $500.
6. LEGAL AUTHORITY
In accordance with Public Law 105-285 Title II, Community Service Grant Program,
Subtitle B-Community Services Block Grant Program of the Community Block Services
Block Act, as amended, authorizes the Department of Community Services and
Development to administer the American Recovery and Inestment Act of 2009. All grant
awards made under this Program shall comply with applicable law including regulations
contained in 45 CFR, the American Recovery and Reinvestment Act of 2009 and other
procedures applicable to this regulation as CSBG may, from time-to-time, prescribe for
the administration of financial assistance.
ARRA - A4
ARRA EXHIBIT A
(Standard Agreement)
ARRA TERMS. CONDITIONS AND PROVISIONS
A. Program Standards
The provisions of Public Law 105-285, Title II - Community Services Block
Grant Program, Subtitle B - Community Services Block Grant Program of the
Community Services Block Grant Act, the provision of the current approved
Community Services Block Grant State plan, including all approved amendments
or revision. OMB M-09- 10 Initial Implementing Guidance for the American
Recovery and Reinvestment Act of 2009.
B. Administrative Requirements in accordance with Title 45 of the Code of Federal
Regulations (CFR).
45 CFR Part 16 - Procedures of the Departmental Grant Appeals Board;
45 CFR Part 30 - Claims Collection;
45 CFR Part 76 - Debarment and Suspension from Eligibility for Financial
Assistance (Nonprocurement);
45 CFR Part 80 - Nondiscrimination Under Programs Receiving Federal
Assistance through the Department of Health and Human Services, Effectuation
of Title VI of the Civil Rights Act of 1964;
45 CFR Part 81 - Practice and Procedure for Hearings Under Part 80 of this Title;
45 CFR Part 84 - Nondiscrimination on the Basis of Handicap in Programs and
Activities Receiving Federal Financial Assistance;
45 CFR Part 86 - Nondiscrimination on the Basis of Sex in Education Programs
and Activities Receiving or Benefiting from Federal Financial Assistance;
45 CFR Part 87 - Equal Treatment for Faith-Based Organizations;
45 CFR Part 91 - Nondiscrimination on the Basis of Age in HHS Programs or
Activities Receiving Federal Financial Assistance;
45 CFR Part93 -New Restrictions on Lobbying;
45 CFR Part 96 - Block Grants;
45 CFR Part 97 - Consolidation of Grants to the Insular Areas;
45 CFR Part 100 - Intergovernmental Review of Department of Health and
Human Services Programs and Activities
The above documents are hereby incorporated by reference into this Agreement.
to access these documents, please visit ww,,v.csd.ca.gov
C. In accordance with Public Law 103-333, the "Departments of Labor, Health and
Human Services, and Education, and Related Agencies Appropriations Act of
1995," the following provisions are applicable to this grant award:
Section 507: "Purchase of American-Made Equipment and Products - It is the
sense of the Congress that, to the greatest extent practicable, all equipment and
products purchased with funds made available in this Act should be American-
made."
Section 508: "When issuing statements, press releases, requests for proposals, bid
solicitations and other documents describing projects or programs funded in
whole or in part with Federal money, all States receiving Federal funds, including
but not limited to State and local governments and recipients of Federal research
ARRA-A5
ARRA EXHIBIT A
(Standard Agreement)
grants, shall clearly state (1) the percentage of the total costs of the program or
project which will be financed with Federal money, (2) the dollar amount of
Federal funds for the project or program, and (3) percentage and dollar amount of
the total costs of the project or program that will be financed by nongovernmental
sources."
D. In accordance with Part C of Public Law 103-227, the "PRO-KIDS Act of 1994,"
smoking may not be permitted in any portion of any indoor facility owned or
regularly used for the provision of health, day care, education, or library services
to children under the age of 18, if the services are funded by Federal programs
wither directly or through State or local governments. Federal programs include
grants, cooperative agreements, loans and loan guarantees, and contracts. The
law does not apply to children's services provided in private residences, facilities
funded solely by Medicare or Medicaid funds, and portions or facilities and used
for inpatient drug and alcohol treatment.
E. Circular A-133, Audits of States, Local Governments, and Non-Profit
Organizations and the Single Audit Act of 1984, as amended.
F. Recovery Act funds may be used for the reduction of poverty, the revitalization of
low-income communities, and the empowerment of low-income families and
individuals in rural and urban areas to become fully self-sufficient.
ARRA-A6
ARRA EXHIBIT B
(Standard Agreement)
BUDGET DETAIL AND PAYMENT PROVISIONS: AMERICAN RECOVERY AND
REINVESTMENT ACT OF 2009
BUDGET
A. Concurrent with the execution of this Agreement, Subcontractor shall complete and
submit the ARRA/CSBG Fiscal Data forms (CSD 902.S, 902.1.1, and 902.1.2)
attached to this EXHIBIT B, based on the Maximum Amount of this Agreement.
Pursuant to the instructions for CSD 902 S, Subcontractor must include an itemized
list identifying all other known funding sources and amounts that make up the total
annual operating budget of the community action program(s). Submit an internal
annual budget displaying the anticipated funding sources and their term dates.
B. Subcontractor shall provide CAPOC with justification for all projected expenditures
in the budget, including a detailed budget narrative justifying expenditures in
connection with budget support personnel and related non-personnel costs. The
justification shall be appended to the Budget Summary.
C. Subcontractor shall expend its full contract allocation by September 30, 2010. No
contract term extension will be permitted to expend any remaining funds at the end
of the contract term.
ADMINISTRATIVE EXPENSES
Administrative expenses are not allowed under this Agreement.
3. SUBSEQUENT PAYMENT
Payments to Subcontractor shall be contingent upon receipt by the CAPOC of the
monthly expenditure activity and programmatic reports. If the Subcontractor owes
CAPOC any outstanding balances for overpayments of any contract, current or previous,
the balance may be offset, based on arrangements with the Subcontractor.
4. PAYMENT AND REPORTING REQUIREMENTS
A. Payments
1) CAPOC shall issue monthly payments to Subcontractor upon receipt and
approval of a certified expenditure activity report. The certified
expenditure activity report shall specify the Monthly Reporting period and
actual expenditures being billed to CAPOC for reimbursement.
Reimbursement to Subcontractor is contingent upon receipt of the
monthly programmatic report as described in Section C below and subject
to review by CAPOC.
2) All adjustments must be reported on CAPOC's report form under the
report period in which the expenditures occurred.
ARRA - BI
ARRA EXHIBIT B
(Standard Agreement)
B. Monthly Expenditure Reports
1) Subcontractor shall submit to CAPOC, Contractor's expenditures under
this agreement by entry onto the web-based CAPOC System. The monthly
reports shall be submitted on or before the tenth (10`h) calendar day
following the reporting period, irrespective of the level of activity or
amount of expenditure in the preceding period.
2) All adjustments must be reported through CAPOC System under the
report period in which the expenditures occurred.
C. Programmatic Repots
1) Monthly
The programmatic reporting on the status of the Subcontractor's project(s)
will be submitted on a monthly basis to monitor the progress of the
projects and meet the federal reporting requirements pursuant to Section
1512 of ARRA and the Office of Management and Budget. Subcontractor
shall submit to CAPOC, Subcontractor's project status by entry of the
web-based CSBG ARRA automated system. The monthly Project Status
Report shall be submitted on or before the tenth (10`h) calendar day
following the reporting period, irrespective of the level of activity in the
preceding period. See report due dates below.
CSBG ARRA Project Status Report
Month Ending Report Due Date
November 30, 2009 December 5, 2009
December 31, 2009 January 5, 2010
January 31, 2010 February 5, 2010
February 28, 2010 March 5, 2010
March 31, 2010 April 5, 2010
April 30, 2010 May 5, 2010
May 31, 2010 June 5, 2010
June 30, 2010 July 5, 2010
July 31, 2010 August 5, 2010
August 31, 2010 September 5, 2010
September 30, 2010 October 5, 2010
ARRA-B2
ARRA EXHIBIT B
(Standard Agreement)
2) Quarterly Reports
Subcontractor shall complete and submit quarterly Subcontractor's
programmatic activities to CAPOC at . The quarterly
NPI Programs and Client Characteristics reports shall be submitted on or
before the tenth (101h) calendar day following the reporting period,
irrespective of the level of activity in the preceding period. See report due
dates below.
a. CSBG ARRA NPI Programs Report, (CSD 901)
b. CSBG ARRA Client Characteristics Report, (CSD 903-CCR)
Report Interval Report Due Date
Oct. 1, 2009- Dec. 31, 2009 January 10, 2010
Jan. 1, 2010 - Mar. 31, 2010 April 10, 2010
Apr. 1, 2010 -Jun. 30, 2010 July 10, 2010
Jul 1, 2010 - Sept. 30, 2010 October 10, 2010
D. Community Services Block Grant Information System (CSBG/IS Survey)
Subcontractor shall complete and submit to CAPOC an ARRA Community
Services Block Grant Information System Survey no later than February 1, 2010
(covering July 1 - December 31, 2009) and November 15, 2010 (covering January
1, - September 30, 2010). The reports shall be submitted via email to
CSBGRecover a,csd.ca.eov.
a. ARRA/CSBG Fiscal Data -Other Funds (CSD 930 OF)
b. ARRA/CSBG Fiscal Data-Other Resources (CSD 930 OR)
Report Due February 1, 2010 Due November 1, 2010
CSD 903 Covering the period: July 1, 2009 - Covering the period:
OR December 31, 2009 January 1, 2010 -
September 30, 2010
CSD 903 Covering the period: July 1, 2009 - Covering the period:
OF December 31, 2009 January 1, 2010 -
September 30, 2010
ARRA-B3
ARRA EXHIBIT B
(Standard Agreement)
E. Close-Out Report
Subcontractor shall submit all the appropriate CAPOC close-out forms within
thirty (30) calendar days after the expiration date or when all funds have been
fully expended under this Agreement. Final reimbursement to Subcontractor, if
owed, shall be contingent upon receipt of the close-out packet by CAPOC and
subject to final review by CAPOC's Finance Department.
1) The close-out packet shall include the forms below which will be available
on the CAPOC website www.capoc.ora
a. CSD 925 Close out checklist with authorized signature
b. CSD 925 C Program Income/Interest Earned
C. CSD 925 D Equipment Inventory Schedule
2) Final expenditures must be submitted by entry onto the web-based
CAPOC system on or before the final report due date.
3) All adjustments must be submitted by entry onto the web-based CAPOC
System. Each adjustment must reflect the actual expenditure period when
the adjustment occurred.
5. ATTACHMENTS TO CONTRACT
A. Attachment I
Prior to execution of this Agreement by the State, Contractor shall submit to the
State Attachment I, CSBG Fiscal Data Series, which shall reflect a description of
projected spending for the contract term.
B. Attachment II
Contractor shall also submit to the State Attachment II, ARRA CSBG/NPI 901
Program Report, which shall reflect a description of outcome goals for each year
of the contract term. This information will be used to monitor the success of the
identified National Performance Indicators relevant to its programs, activities, and
available resources for the delivery of services. Modifications to projected
outcomes will not be allowed without CSD approval.
C. Attachment III
Contractor shall also submit to the State Attachment III, ARRA CSBG/Project
Work Plan (CSD 920), which shall reflect a description of each project including
expected outcomes for the contract term. This information will be used to
monitor the success of the project.
ARRA-B4
ARRA EXHIBIT B
(Standard Agreement)
D. Attachment IV
Contractor shall submit to the State Attachment IV, Summary of Allocated Funds
for CSBG ARRA & NPI Programs/Activities (CSD 923), which shall reflect a
summary of all projects and NPI program/activities, administrative funds,
program funds, and non CSBG ARRA funds for the contract term.
SCHEDULE OF ATTACHMENTS
The following attachments to this exhibit are hereby attached and incorporated by this
reference:
ATTACHMENT I ARRA/CSBG FISCAL DATA (CSD 902.5, 902.1.1, 902.1.2)
ATTACHMENT II ARRA/CSBG Project/Work Plan (CSD 920)
ATTACHMENT III ARRA/CSBG NPI Programs Report (CSD 901)
ATTACHMENT IV Summary of Allocated Funds for CSBG
ARRA Projects & NPI Program/Activities (CSD 923)
ARRA-B5
ARRA EXHIBIT B
(Standard Agreement)
ATTACHMENTI
SAY Youth Employment Program 2010
Program Budget
AGENCY NAME: City of Santa Ana
The maximum Contract period is June 1, 2010 through September 30, 2010
Proposed contract start date: 6/ 01/10 Ending Date: 9130/10.
Expenses Category Amount % of Total
Bud et
Salaries & Wages
List each position Title separately
1. Workforce Specialist III $ 9,048
2. Employment Counselor II $ 24,515
3. Work Experience - Participants $ 138,490
4. Overtime
5.
Fringe Benefits (@io.69%) $ 17,947
PERSONNEL COSTS SUBTOTAL
Minimum of 95% of total Budget $ 190,000 95%
Professional Fundraising Fees
Accounting Fees
Le al Fees
Supplies $ 300
Telephone $ 400
Postage & Shipping
Occupancy $ 500
Equipment Rental & Maintenance $ 500
Printing & publications $ 250
Travel
Conferences, Conventions & meetings
Other Expenses $ 8,050
*NON-PERSONNEL COSTS SUBTOTAL
Maximum of 5% of total Budget $ 10,000 5%
TOTAL EXPENSES $ 200,000
'NOTE: Non Personnel costs shall not exceed 5% of total budget.
ARRA-B6
ARRA EXHIBIT B
(Standard Agreement)
ATTACHMENT II
PROGRAM WORK PLAN
TERM
June 1, 2010 to September 30, 2010
II. PURPOSE
The Santa Ana Youth (SAY) Employment Program administered by the Santa Ana
WORK Center will provide paid summer work experiences for approximately 60 to
70 youth. The purpose of the program will be to provide work experience training for
youth ages 16-24.
III. POPULATION TO BE SERVED
Eligibility requirements will be based on following criteria:
• Youth ages 16 to 24 years old
• Legal permission to work in the United States
• Low Income (equal to or under 200 percent of federal poverty level)
• Work permit if under 18 years old
• Registered with selective services (Males 18 and older)
IV. PROGRAM DESIGN. ELEMENTS. AND GOALS
A. Program Design:
• Provide an objective assessment of each youth participant that includes a review of
occupational skill levels as well as service needs
• Develop an individual service plan including service needs determined during
assessment
B. Program Elements
The following program elements will be made available to eligible youth enrolled in the
SAY Employment Program. Activities are aimed at providing a comprehensive strategy
that addresses employment and training needs:
• Work Experience (20-40 hours per week for 6 weeks)
• Work Readiness Workshops
• Employment Readiness Skills
• Career Development
• Child Labor Laws
• Post-Secondary Education information
• Life Skills
• Financial Literacy
C. Goals
• Enroll 60-70 youth
• Provide meaningful work experience
• Provide youth the skills and tools for future re-employment and self-sufficiency
• Provide resources and a positive outlook for higher education
ARRA-B7
ARRA EXHIBIT C
(Standard Agreement)
SPECIAL TERMS AND CONDITIONS PROVISIONS: AMERICAN RECOVERY AND
REINVESTMENT ACT OF 2009
AUDITING STANDARDS AND REPORTS
Subcontractors falling below the federal funding threshold that mandates a single agency-wide audit in
accordance with OMB Circular -133 shall:
A. submit an annual program-specific audit within nine months of the end of the Contractor's fiscal
year, and
B. be subject to an audit and/or other fiscal or program-specific review conducted by CAPOC or its
agents, upon reasonable written notice.
2. SCHEDULE OF ATTACHMENT
The following attachment to this exhibit is hereby attached and incorporated by this reference:
ATTACHMENT I 2009 AUDIT GUIDE
ARRA-C1
ARRA EXHIBIT D
(Standard Agreement)
ADDITIONAL PROVISIONS: AMERICAN RECOVERY AND REINVESTMENT
ACT OF 2009
ADMINISTRATIVE REQUIREMENTS
For all recipients, administrative requirements of the awards will be governed by Section 1512 of the
American Recovery and Reinvestment Act of 2009.
2. FEDERAL POVERTY LEVEL PROVISIONS
The ARRA Act increases the eligibility level from one-hundred twenty-five percent (125%) to two-hundred
percent (200%) of the Federal poverty level for authorized services under the CSBG Act. Under this
Agreement Contractor's may serve clients up to two-hundred percent (200%) of the federal poverty level
exclusively for the terms of this agreement and use of ARRA funds.
COST SHARING OR MATCHING CONTRIBUTIONS
In accordance with 45 CFR § 74.23, Contractor may not use funds for purposes of cost sharing or as
matching contributions when such funds are paid by the Federal Government under another award
4. CENTRAL CONTRACTOR REGISTRATION (CCR)
A. As required under the Recovery Act, Subcontractor must have a Dun and Bradstreet Universal
Numbering System (DUNS) number (www.dnb.com) (or update its existing DUNS record), and
register with the Central Contractor Registration (CCR; www.ccr.gov) no later than October 2,
2009. (ARRA § 1512, ARRA § 1609)
B. Contractor must maintain active and current registrations in the Central Contractor Registration
(www.ccr.gov) at all times during which it has active federal awards funded with Recovery Act
funds.
5. BUY AMERICAN
A. None of the funds provided under this Agreement derived from the American Recovery and
Reinvestment Act, Pub. L. 111-5, may be used for a project for the construction, alteration,
maintenance, or repair of a public building or public work unless all of the iron, steel, and
manufactured goods used in the project are produced in the United States.
B. Subsection A. shall not apply in any case or category of cases in which the head of the Federal
department or agency (grantor) finds that -
1) applying subsection A. would be inconsistent with the public interest;
2) iron, steel, and the relevant manufactured goods are not produced in the United States in
sufficient and reasonably available quantities and of a satisfactory quality; or
3) inclusion of iron, steel and manufactured goods produced in the United States will increase
the cost of the overall project by more than 25 percent.
ARRA - Dl
ARRA EXHIBIT D
(Standard Agreement)
C. If the head of a Federal department or agency determines that it is necessary to waive the
application of subsection A. based on a finding under subsection B., the head of the department or
agency shall publish in the Federal Register a detailed written justification as to why the provision
is being waived.
D. This section shall be applied in a manner consistent with United States obligations under
international agreements.
E. Implementation of this provision should follow the forthcoming requirements in the Federal
Acquisition Regulation or as otherwise identified by the Contracting Officer.
6. PROCUREMENT
All funds under this Agreement expended through a subcontract for personal services or goods shall be
fully subject to open and free competition as directed by OMB Circulars A-102 and A-110. Contractor
may not procure any goods and services in excess of $500 (except for the specific personnel costs identified
in this Agreement.
INFORMATION IN SUPPORT OF RECOVERY ACT REPORTING
Subcontractor is responsible to maintain and may be required to submit backup documentation for all
expenditures of funds under the Recovery Act including such items as timecards and invoices.
Subcontractor shall provide copies of backup documentation at the request of the CAPOC or designee.
ARRA-D2
(2009 CSBG)
EXHIBIT A
(Standard Agreement)
SCOPE OF WORK:
1. COMPLIANCE
All services and activities are to be provided in accordance with all applicable federal and state laws and
regulations and as those laws and regulations may be amended from time to time, including but not limited
to, pursuant to the following:
a. The Community Services Block Grant Act, 42 U.S.C. §§ 9901 et seq., and 45 Code of Federal
Regulation (CFR) Part 96;
b. The California Community Services Block Grant Program, Government Code §§ 12725 et seq., and
Title 22, California Code of Regulations (CCR), §§ 100601 et seq.; and
c. The Single Audit Act, 31 U.S.C. §§ 7301 et seq., and Office of Management and Budget (OMB)
2. REQUIREMENTS. STANDARDS AND GUIDELINES
Even though the federal Community Services Block Grant Act exempts Contractor and its subcontractors
from many federal administrative requirements and standards to promote State and local efficiency, the
federal government directs the State to establish fiscal control and fund accounting procedures regarding
CSBG funds. Federal law also directs the State to ensure that the cost and accounting standards of the
Office of Management Budget (OMB) apply to recipients of CSBG funds. Therefore, Contractor agrees to
apply all of the requirements, standards and guidelines contained in the following authorities, as they may
be amended from time to time, to all of the procurement, administrative and other costs claimed under this
Agreement, including those costs under subcontracts to this Agreement, notwithstanding any language
contained in the following authorities that might otherwise exempt Contractor from their applicability. To
the extent that the requirements, standards or guidelines directly conflict with any State law or regulation at
Government Code §§ 12725 et seq. or 22 CCR §§ 100601 et seq., or any specific provision of this
Agreement, then that law or regulation or provision shall apply instead:
A. OMB Circular A-102 (Common Rule for State and Local Governments), as codified by the
Department of Health and Human Services (HHS) at 45 CFR Part 92;
B. OMB Circular A-110 (Uniform Administrative Requirements for Grants and Agreements with
Institutions of Higher Education, Hospitals and other Non-Profit Organizations), as codified by
HHS at 45 CFR Part 74;
C. OMB Circular A-87 (Cost Principles for State, Local and Indian Tribal Governments);
D. OMB Circular A-122 (Cost Principles for Non-Profit Organizations)
3. FEDERAL CATALOG DOMESTIC ASSISTANCE NUMBER
The Community Services Block Grant Stimulus, American Recovery and Reinvestment Act, Catalog of
Federal Domestic Assistance number is 93.710. The award is made available through the United States
Department of Health and Human Services.
Al
EXHIBIT A
(Standard Agreement)
4. SERVICE AREA
The services shall be performed in the following service area: Orange County, California.
5. ADDRESSES
Send all correspondence to
State Agency: Department of Community Services and Development
Section/Unit: Field Operations Services
Mailing Address: Post Office Box 1947
Sacramento, CA 95812-1947
Address: 700 North 10`h Street, Room D215
Sacramento, CA 95811-0336
Phone: (916) 341-4200
Fax: (916) 327-3153
A2
(2009 CSBG)
EXHIBIT B
(Standard Agreement)
(2009 CSBG)
TERM AND AMOUNT OF AGREEMENT, BUDGET DETAIL, AND PAYMENT PROVISIONS
ADMINISTRATIVE EXPENSES
No administrative expenses are allowed pursuant to this agreement.
2. BUDGET CONTINGENCIES
A. State Budget Contingency
1) It is mutually agreed that if the Budget Act of the current year and/or any subsequent years
covered under this Agreement does not appropriate sufficient funds for the program, this
Agreement shall be of no further force and effect. In this event, CAPOC shall have no
liability to pay any funds whatsoever to Subcontractor or to furnish any other considerations
under this Agreement and Subcontractor shall not be obligated to perform any provisions of
this Agreement.
2) If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this
program, CAPOC shall have the option to either cancel this Agreement with no liability
occurring to the CAPOC, or offer an agreement amendment to Subcontractor to reflect the
reduced amount.
B. Federal Budget Contingency
1) It is mutually understood that this Agreement may have been written before ascertaining the
availability of Congressional appropriation of funds, for the mutual benefit of both Parties,
in order to avoid program and fiscal delays that would occur if this Agreement were
executed after that determination was made.
2) This Agreement is valid and enforceable only if sufficient funds are made available to the
State by the United States Government for the purposes of this Agreement. In addition, this
Agreement is subject to any additional restrictions, limitations, or conditions enacted by the
Congress or any statute enacted by the Congress that may affect the provisions, terms, or
funding of this Agreement in any manner.
3) It is mutually agreed that if the Congress does not appropriate sufficient funds for this
Program, this Agreement shall be amended to reflect any such reduction in funds.
4) CAPOC has the option to invalidate this Agreement under the 30-day cancellation clause or
to amend this Agreement to reflect any such reduction in funds.
131
EXHIBIT C
(Standard Agreement)
SPECIAL TERMS AND CONDITIONS
(2009 CSBG)
TRAVEL/PER DIEM
A. Subcontractor's total travel for in-state and/or out-of-state and per diem costs shall be included in
the contract Budget(s). Out-of-state travel costs that exceed the budgeted amount shall not be
reimbursed without prior written authorization from CAPOC and CSD.
B. Subcontractor's employee travel costs and per diem reimbursement rates shall be reimbursed as
allowed pursuant to OMB Circular A-87 Section 43 or OMB Circular A-122 section 51 as
applicable, and based on the Subcontractor's acceptable, written travel policy, or, in the absence of
such policy, not to exceed Federal per diem requirements.
C. In absence of a travel policy, Subcontractor shall defer to the rules and regulations established in the
California Code of Regulations Section 599.615 through 599.638 and be reimbursed in accordance
with the definitions, terms and provisions contained therein.
2. CERTIFICATIONS
A. Subcontractor's signature affixed hereon shall constitute a certification that to the best of its ability
and knowledge it will, unless exempted, comply with the provisions set forth in the following:
1) Drug-Free Workplace Requirements Contract Certification Clause (CCC-307)
2) National Labor Relations Board Certification (CCC-307)
3) Expatriate Corporations (CCC-307)
4) Domestic Partners (CCC-307)
5) Amendment for Change of Agency Name (CCC-307)
6) Resolution (CCC-307)
7) Air and Water Pollution Violation (CCC-307)
8) Information Integrity and Security (Department of Finance, Budget Letter 04-35)
9) Safeguarding Against and Responding to a Breach of Security Involving Personal
Information (Department of General Services, Management Memo 08-11)
B. The above documents are hereby incorporated by reference into this Agreement. To access these
documents, please visit www.csd.ca.gov
C1
(2009 CSBG)
EXHIBIT C
(Standard Agreement)
3. INTERNAL CONTROL CERTIFICATION
Subcontractor shall ensure the establishment and maintenance of a system of internal accounting and
administrative control. This responsibility includes documenting the system, communicating system
requirements to employees, and assuring that the system is functioning as prescribed and is modified, as
appropriate, for changes in conditions. The system of internal accounting and administrative control shall
be attested to within the Subcontractor's independent audit conducted pursuant to this Agreement, and
include:
A. Segregation of duties appropriate to safeguard state assets.
B. Limited access to agency assets to authorized personnel who require these assets in the performance
of their assigned duties.
C. Authorization and recordkeeping procedures adequate to provide effective accounting controls over
assets, liabilities, revenues, and expenditures.
D. Practices to be followed in performance of duties and functions
E. Personnel of a quality commensurate with their responsibilities
F. Effective internal review.
4. CONFLICT OF INTEREST
A. Subcontractor certifies that its employees and the officers of its governing body shall avoid any
actual or potential conflicts of interest and that no officer or employee who exercises any functions
or responsibilities in connection with this Agreement shall have any personal financial interest or
benefit that either directly or indirectly arises from this Agreement.
B. Subcontractor shall establish safeguards to prohibit its employees or its officers from using their
positions for a purpose that could result in private gain or that gives the appearance of being
motivated for private gain for themselves or others, particularly those with whom they have family,
business, or other ties.
5. CODES OF CONDUCT
A. Subcontractor shall maintain written standards of conduct governing the performance of its employees
engaged in the award and administration of contracts or subcontracts. No employee, officer, or agent of
the Subcontractor shall participate in the selection, award, or administration of a subcontract supported
by Federal funds if a real or apparent conflict of interest would be involved. Such a conflict would
arise when the employee, officer, or agent, any member of his or her immediate family, his or her
partner, or an organization that employs or is about to employ any of the parties indicated herein, has a
financial or other interest in the firm selected for an award. The officers, employees, and agents of the
Subcontractor shall neither solicit nor accept gratuities, favors, or anything of monetary value from
subcontractors or parties to subagreements. The standards of conduct shall provide for disciplinary
actions to be applied for violations of such standards by officers, employees, or agents of the recipients.
C2
(2009 CSBG)
EXHIBIT C
(Standard Agreement)
B. Subcontractor shall not pay Federal funds received from CAPOC or CSD to any entity in which it
(or one of its employees, officers, or agent, any member of his or her immediate family, his or her
partner, or an organization that employs or is about to employ any of the parties indicated herein)
has an interest. As ownership constitutes a financial interest, Contractor shall not subcontract with a
subsidiary. Similarly, Subcontractor shall not subcontract with an entity that employs or is about to
employ any person described in 45 CFR Part 92 (for states and local governments) and 45 CFR Part
74 (for nonprofit organizations) (Office of Management and Budget Circular A-110, section 42).
6. EFFECTIVENESS ASSESSMENT TOOL
CSD developed and made available an effectiveness assessment tool with the cooperation of all CSBG
Contractors in California. The tool describes performance guidelines in the areas of Leadership,
Governance, Administration, and Programs.
A. The effectiveness assessment tool is a resource for Contractors to assess the viability of their
organization.
B. If Contractor chooses to complete the effectiveness assessment tool, the results do not have to be
shared with CSD.
C. CSD does encourage the use of this tool. The document may be accessed at www.csd.ca.gov.
7. COMPLIANCE MONITORING
A. As the recipient of federal CSBG Block Grant funds under this Agreement, Subcontractor is
responsible for substantiating that all costs claimed under this Agreement are allowable and
allocable under all applicable federal and state laws, and provisions, for tracing all costs to the level
of expenditure.
B. As the administrator for the CSBG Block Grant for the State, CSD is required to ensure the funds
allocated to Subcontractor are expended for the purposes identified in, federal and state CSBG law,
and for allowable and allocable costs under the applicable rules of the Office of Management and
Budget.
C. CAPOC and CSD are required to conduct onsite and follow-up monitoring of Subcontractor to
ensure that Subcontractor meets the performance goals, administrative standards, financial
management requirements, and other requirements of the federal and State CSBG program.
D. CAPOC and CSD shall provide subcontractor reasonable advance notice in writing of on-site
monitoring reviews of Subcontractor's program or fiscal performance.
Subcontractor shall cooperate with CAPOC and CSD program and audit staff and other
representatives, and provide access to all programs, records, documents, resources, personnel,
inventory and other things reasonably related to the administration and implementation of the
services and activities funded directly or indirectly by this Agreement.
E. In the event, CAPOC or CSD determines that Subcontractor is in non-compliance of material or
other legal requirements of this Agreement, CAPOC or CSD shall provide the observations,
recommendations or findings in writing, along with a specific action plan for correcting the non-
compliance.
C3
EXHIBIT C
(Standard Agreement)
(2009 CSBG)
8. SPECIAL CONDITIONS FOR ENTITIES NOT MEETING TERMS OF THE AGREEMENT
A. In addition to the State's authority to terminate or suspend funding or deny refunding under federal
and State law and regulation, the State has authority to set fiscal control and fund accounting
procedures to fulfill the State's oversight responsibilities and ensure that CSBG Block Grant funds
are appropriately expended. Thus, notwithstanding the express exception in 45 CFR Part 92 as
applied to the CSBG Program, the State hereby incorporates by reference 45 CFR Part 92.12 and
may impose special conditions according to that section on Contractor for unsatisfactory
performance of the requirements, standards, and guidelines of this Agreement.
B. Subcontractor shall ensure that requirements set forth in this Agreement are met, that all required
documentation is submitted in a timely manner, and that any corrective action plans are fulfilled. In
the event that prescribed timelines are not met or corrective action is not taken, it shall be deemed a
material breach of this Agreement, and CAPOC or CSD shall take appropriate action, including but
not limited to withholding of advance payments and initiation of the suspension and termination
procedures provided by State and federal CSBG law.
9. AUDITING STANDARDS AND REPORTS
A. Auditing Standards
Subcontractor must follow all audit requirements as set forth in OMB Circular A-133 and the 2009
CSD Supplemental Audit Guide. The 2009 Supplemental Audit Guide is attached herein as ARRA
Exhibit D Attachment I.
B. Audit Reports
1) Funds provided under this Agreement shall be included in an audit conducted in accordance
with the provisions of OMB Circular A-133 for nonprofit and public agencies, standards
promulgated by the American Institute of Certified Public Accountants (AICPA), and those
standards included in "Government Auditing Standards, 2007 Revision, as amended.
2) The financial and compliance audit report shall contain the following supplementary
financial information: a combined statement of revenue and expenditures for each contract
that presents, by budget line item, revenue and expenditures for the audit period and a
description of the methodology used to allocate and claim indirect costs and any
administrative cost pools.
3) The audit report must specifically mention that a review for compliance with OMB Circulars
A-87 and A-122 was conducted.
4) Subcontractors shall submit to CAPOC one printed copy and one electronic copy of the
required audit report(s) and any management letter if issued by the accountant, within nine
months of the end of the Contractor's fiscal year, accompanied by a copy of the signed, final
engagement letter between Contractor and the independent auditor. Upon written request by
the Contractor's independent auditor, which includes an explanation of why the audit cannot
be submitted within nine months of the end of the Contractor's fiscal year, an extension may
be granted by CAPOC Chief Financial Auditor for submittal of the audit report not to
exceed an additional 30 calendar days from the original due date. The audit reports are to be
submitted to the following addresses:
C4
EXHIBIT C
(Standard Agreement)
Printed copy:
Community Action Partnership of Orange County
Attention: Chief Financial Officer
12640 Knott
Garden Grove, CA 92841
Electronic copy:
mbrown(a?capoc.oru
(2009 CSBG)
5) Where services or funds under this Agreement are provided to, for, or by a wholly owned, or wholly
controlled subsidiary of Subcontractor, Subcontractor hereby provides assurance that an audit shall
be performed of this subsidiary organization in accordance with this Section. Said required audit
report shall be made available to the State upon request.
11. SUBCONTRACTS
Subcontracts are not allowed pursuant to this agreement.
12. INSURANCE
A. General Requirements
1) By execution of this Agreement, Subcontractor agrees that the below-required insurance
policies and bond shall be in effect at all times during the term of this Agreement.
2) Subcontractor shall provide CAPOC with written notice at least 30 calendar days prior to
cancellation or reduction of insurance coverage to an amount less than that required in this
Agreement.
3) In the event said insurance coverage expires at any time or times during the term of this
Agreement, Subcontractor agrees to provide within 30 calendar days prior to said expiration
date a new Certificate of Insurance (ACORD 25) evidencing insurance coverage as provided
for herein for not less than the remainder of the term of this Agreement. The Certificate
shall identify and name CAPOC as the Certificate Holder.
4) New Certificates of Insurance will be reviewed for content and form by CAPCO.
5) In the event Subcontractor fails to keep in effect at all times the specified insurance as herein
provided, CAPOC may, in addition to any other remedies it may have, suspend this
Agreement.
6) With the exception of workers' compensation, the State shall be named as additional insured
on all Certificates of Insurance required under this Agreement.
B Self-Insurance
1) When Subcontractor is a self-insured governmental entity, the State, upon satisfactory proof,
may waive the appropriate insurance requirements. To qualify for a waiver, an appropriate
county or city risk manager shall sign a certification that shall contain assurance of the
C5
(2009 CSBG)
EXHIBIT C
(Standard Agreement)
adequacy of the governmental entity's ability to cover any potential losses under this
Agreement.
2) Subcontractor shall specify in writing a list of which coverage(s) will be self-insured under
this Agreement and shall list all applicable policy numbers, expiration dates, and coverage
amount.
3) In the case that the Subcontractor's self-insurance coverage does not contain any changes
from the prior year, CSD will accept a certified letter signed by authorized personnel stating
that no changes have occurred from last year. This letter is due at the time of contract
execution or within 30 days of expiration of insurance.
4) Should Subcontractor utilize a subcontractor(s) to provide services under this Agreement,
Subcontractor shall indemnify and hold the State harmless against any liability incurred by
that subcontractor(s).
C. Workers' Compensation Insurance
1) Subcontractor shall have and maintain for the term of this Agreement workers'
compensation insurance issued by an insurance carrier licensed to underwrite workers'
compensation insurance in the State of California.
2) Subcontractor shall submit either an applicable Certificate of Insurance or a Certificate of
Consent to Self-Insure issued by the Director of the Department of Industrial Relations to
the State as evidence of compliance with the workers' compensation insurance requirement
prior to issuance of an initial cash advance.
13. AGREEMENT CHANGES
A. Amendment
Formal Amendments are required for changes to the term, total cost or Maximum Amount of this
Agreement, scope of work, and formal name changes. No amendment to this Agreement shall be
valid unless made in writing, signed by the parties and approved as required. No oral understanding
or Agreement not incorporated in the Agreement is binding on any of the parties.
B. Modification
1) Changes involving alterations such as changes to program activities and/or delivery
strategies will be considered modifications.
2) A modification to the projected budget is not required as long as the maximum amount
payable does not change. Any increase to out-of-state travel costs or changes to major
equipment purchases will require a modification.
3) If a Subcontractor intends to request a contract modification, the modification shall be
submitted no later than 30 calendar days prior to the expiration date of this Agreement.
C6
EXHIBIT D
(Standard Agreement)
ADDITIONAL PROVISIONS:
(2009 CSBG)
1. FEDERAL CERTIFICATION REGARDING DEBARMENT, SUSPENSION AND RELATED
MATTERS
Subcontractor hereby certifies to the best of its knowledge that it or any of its officers:
A. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from covered transactions by any Federal department or agency.
B. Have not within a three-year period preceding this Agreement been convicted of or had a civil
judgment rendered against them for commission of fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or
contract under a public transaction; violation of Federal or State antitrust statutes or commission
of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false
statements, or receiving stolen property.
C. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity
(federal, state, or local) with commission of any of the offenses enumerated in paragraph 2 of this
certification.
D. Have not within a three-year period preceding this Agreement had one or more public (federal,
state, or local) transactions terminated for cause or default.
E. If any of the above conditions are true for the subcontractor or any of its officers, subcontractor shall
describe such condition and include it as an attachment to this Exhibit D. Based on the
description, CSD in its discretion may decline to execute this Agreement, or set further conditions
of this Agreement. In the event any of the above conditions are true and not disclosed by
subcontractor, it shall be deemed a material breach of this Agreement, and CSD may terminate this
Agreement for cause immediately pursuant to the termination provisions of State and federal law
governing the CSBG program.
2. PROCUREMENT
A. Contract Administration
1) Subcontractor shall administer this Agreement in accordance with all federal and state rules
and regulations and Recovery Act provisions governing CSBG pertaining to procurement,
including Office of Management and Budget (OMB) Circulars and amendments thereto,
consistent with the general OMB compliance requirement in Exhibit B to this Agreement.
Subcontractor shall establish, maintain, and follow written procurement procedures
consistent with the procurement standards in OMB Circulars A-102 and A-110 and all
additional provisions in this Agreement, including but not limited to a code of conduct for
the award and administration of contracts and a procedure that provides, to the maximum
extent practical, open and free competition.
2) Subcontractor shall not permit any organizational conflicts of interest or noncompetitive
practices that may restrict or eliminate competition or otherwise restrain trade. In order to
ensure objective subcontractor performance and eliminate unfair competitive advantage,
individuals, or firms that develop or draft specifications, requirements, statements of work,
Dl
EXHIBIT D
(Standard Agreement)
(2009 CSBG)
invitations for bids, and/or requests for proposals shall be excluded from competing for such
procurements. Subcontractor shall award any subcontract to the bidder or offeror whose bid
or offer is responsive to the solicitation and is most advantageous to Contractor when
considering price, quality, and other factors. Subcontractor's solicitations shall clearly set
forth all requirements that the bidder or offeror shall fulfill in order for the bid or offer to be
evaluated by the recipient.
3) Subcontractor assures that all supplies, materials, equipment, or services purchased or leased
with funds provided by this Agreement shall be used solely for the activities allowed under
this Agreement, unless a fair market value for such use is charged to the benefiting program
and credited to this Agreement.
4) In addition to adhering to all OMB requirements and the Subcontractor's established
procedures for all procurement transactions of any amount, for each purchase, lease, or
subcontract for any articles, supplies, equipment, or services obtained from vendors or
subcontractors where the per-unit cost exceeds $5,000, three competitive quotations shall be
obtained or adequate justification documented and maintained as to the absence of bidding.
In cases of a bona fide emergency where awarding a subcontract is necessary for the
immediate preservation of public health, welfare, or safety, documentation of the emergency
will be sufficient in lieu of the three-bid process.
5) To ensure that significant procurement transactions are conducted in an open and freely
competitive manner, Contractor shall comply with the following requirement:
a. Subcontractor shall prepare and submit a Request for Purchase/Lease Pre-Approval
(CSD 558) to CSD at least fifteen (15) calendar days prior to executing the
subcontract for each of the following procurement transactions:
i. Any articles, supplies, equipment or services having a per-unit cost in excess
of $5,000; or
ii. Any articles, supplies or equipment where the total contract amount exceeds
$100,000.
6) Noncompliance with any of the provisions in this Section 2. shall result in a disallowance of
the costs of the procurement transaction.
7) Subcontractor assures that it shall exercise due care in the use, maintenance, protection, and
preservation of state-owned property in Contractor's possession or any other property or
equipment procured by Contractor with State funds. Such care shall include, but is not
limited to, the following:
a. Maintaining insurance coverage against loss or damage to such property or
equipment.
b. Ensuring that the legal ownership of any motor vehicle or trailer is in the name of the
Contractor.
D2
(2009 CSBG)
EXHIBIT D
(Standard Agreement)
B. Limitation on Use of Funds
Subcontractor shall assure that funds received under this Agreement shall not be used for the
purchase or improvement of land or for the purchase, construction, or permanent improvement of
any building or other facility other than low-income weatherization or energy-related home repairs.
AFFIRMATIVE ACTION COMPLIANCE
A. Each Subcontractor or subcontractor with 50 or more employees and an agreement of
$50,000 or more shall be required to develop a written Affirmative Action Compliance
Program.
B. The written program shall follow the guidelines set forth in Title 41 CFR Section 60-1.40,
Sections 60-2.10 through 60-2.32, Sections 60-250.1 through 60-250.33, and
Sections 60-741.4 through 60-741.32.
C. Each Subcontractor with less than 50 employees shall comply with Section 202 of Part II of
Executive Order 11246, as amended by Executive Order 11375. Contractor shall ensure that
subcontractors falling within the scope of this provision shall comply in full with the
requirements thereof.
4. NONDISCRIMINATION COMPLIANCE
A. Subcontractor's signature affixed hereon shall constitute a certification that to the best of its ability
and knowledge will, unless exempted, comply with the nondiscrimination program requirements set
forth in this section.
B. Subcontractor hereby certifies compliance with the following:
1) Federal Executive Order 11246, as amended by Executive Order 11375, relating to equal
employment opportunity.
2) Title VI and Title VII of the Civil Rights Act of 1964, as amended.
3) Rehabilitation Act of 1973, as amended.
4) Vietnam Era Veterans Readjustment Assistance Act of 1972, as amended.
5) Title 41, Code of Federal Regulations (CFR), Chapter 60, Office of Federal Contract
Compliance Programs, Equal Employment Opportunity, Department of Labor, as amended.
6) Public Law 101-336, Americans with Disabilities Act of 1990, as amended.
SPECIFIC ASSURANCES
A. Pro-Children Act of 1994
1) This Agreement incorporates by reference all provisions set forth in Public Law 103-227,
Part C - Environmental Tobacco Smoke, also known as the Pro-Children Act of 1994 (Act).
2) Subcontractor further agrees that the above language will be included in any subcontracts
that contain provisions for children's services and that all subcontractors shall certify
compliance accordingly. For detailed explanation, see www.csd.ca.gov.
D3
(2009 CSBG)
EXHIBIT D
(Standard Agreement)
3) This Agreement incorporates by reference all provisions set forth in the Child Support
Services and Referrals (Section 678 (b) 1998 CSBG Reauthorization Act)." For detailed
explanation, see www.csd.ca.gov.
B. American-Made Equipment/Products
Subcontractor shall assure, pursuant to Public Law 103-333, Section 507, to the extent practicable,
that all equipment and products purchased with funds made available under this Agreement shall be
American made.
C. Federal and State Occupational Safety and Health Statutes
Subcontractor assures that it shall be in compliance with the provisions as set forth in Federal and
State Occupational Safety and Health Statutes; the California Safe Drinking Water and Toxic
Enforcement Act of 1986; Universal Waste Rule (Hazardous Waste Management System:
Modification of the Hazardous Waste Recycling Regulatory Program); Final Rule; and Workers'
Compensation laws.
D. Political Activities
1) Subcontractor shall refrain from all political activities if such activities involve the use of
any funds that are the subject of this Agreement.
2) Subcontractor is prohibited from any activity that is designed to provide voters or
prospective voters with transportation to the polls or to provide similar assistance in
connection with an election if such activities involve the use of any funds that are subject to
this Agreement.
E. Lobbying Activities
1) Subcontractor shall refrain from all lobbying activities if such activities involve the use of
any funds that are the subject of this Agreement or any other fund, programs, projects, or
activities that flow from this Agreement.
2) If Subcontractor engages in lobbying activities, Subcontractor shall complete, sign and date
the CERTIFICATION REGARDING LOBBYING/DISCLOSURE OF LOBBYING
ACTIVITIES, EXHIBIT G, as required by the U.S. Department of Health and Human
Services under 45 CFR Part 93.
RIGHT TO MONITOR, AUDIT, AND INVESTIGATE
A. Any duly authorized representative of the federal or state government, which includes but is not
limited to the State Auditor, CSD Staff, and any entity selected by CSD to perform inspections,
shall have the right to monitor and audit Subcontractor and all subcontractors providing services
under this Agreement through on-site inspections, audits, and other applicable means the State
determines necessary.
B. Subcontractor shall make available all reasonable information necessary to substantiate that
expenditures under this agreement are allowable and allocable, including, but not limited to books,
documents, papers, and records. Subcontractor shall agree to make such information available to
the federal government, the state, or any of their duly authorized representatives including
representatives of the entity selected by CSD to perform inspections, for examination, copying, or
D4
(2009 CSBG)
EXHIBIT D
(Standard Agreement)
mechanical reproduction, on or off the premises of the appropriate entity upon a reasonable request
therefor.
C. Any duly authorized representative of the federal or state government shall have the right to
undertake investigations in accordance with Public Law 97-35, as amended.
D. All agreements entered into by Subcontractor with audit firms for purposes of conducting
independent audits under this Agreement shall contain a clause permitting any duly authorized
representative of the federal or state government access to the working papers of said audit firm(s).
RECORD KEEPING
A. All records maintained by Subcontractor shall meet the OMB requirements contained in the
following Circulars: A-102, Subpart C, ("Uniform Administrative Requirements for Grants and
Cooperative Agreements to State and Local Governments") or A-110, Subpart C, Nonprofit
Organizations, whichever is applicable.
B. Subcontractor shall maintain all records pertaining to this Agreement for a minimum period of three
years after submission of the final report. However, Subcontractor shall maintain all such records
until resolution of all audit and monitoring findings are completed.
C. Subcontractor assures that employee and applicant records shall be maintained in a confidential
manner to assure compliance with the Information Practices Act of 1977, as amended, and the
Federal Privacy Act of 1974, as amended.
ADMINISTRATIVE HEARING FOR DENIAL OF CLIENT BENEFITS BY CONTRACTOR
A. Subcontractor has read and agrees to strictly comply with Title 22 of the California Code of
Regulations, Section 100751, as amended, which sets forth elements to be included in client benefit
denial appeal procedures and shall advise individuals who have been denied assistance of their
twenty (20) day right to appeal to the State for an administrative hearing pursuant to
42 USC 8624(b)(13), as amended.
B. Within five (5) working days of receipt of an appeal from a client, CSD's Fair Hearings Officer
shall schedule an administrative hearing to be conducted no later than thirty (30) calendar days from
the receipt of the request.
C. The client may withdraw request for appeal for administrative hearing at any time during the appeal
process by rendering written or oral notice to the State. Where oral notice is given, such notice
shall be confirmed in writing by the Parties.
D5
EXHIBIT E
(Standard Agreement)
(2009 CSBG)
All terms used in this Agreement shall be those as defined in applicable federal and state law (see 42 U.S.C. §
9902 and Govt. Code § 12730) and regulation (see 45 C.F.R. Part 96 and 22 C.C.R. § 100601), or as more
specifically defined as:
Agreement: The complete contents of this contract entered into by and between the CSD and
Contractor, including all rights, duties, and obligations whether expressed or implied
required toward the legal performance of the terms hereof, and including all
documents expressly incorporated by reference.
Amendment: A formal change to the Agreement of a material nature including but not limited to
the term, scope of work, or name change of one of the Parties, or a change of the
maximum amount of this Agreement.
American Reinvestment
And Recovery Act of 2009: The act signed February 17, 2009 by President Obama to create jobs, stimulate the
economy, and make significant improvements to the nation's infrastructure.
Authorized Agent: The duly authorized representative of the Board of Directors of Contractor, and the
duly elected or appointed, qualified, and acting officer of the State. In the case of
Contractor, the State shall be in receipt of a board resolution affirming the agent's
representative capacity to bind Contractor to the terms of this Agreement.
Board of Directors: For the purposes of a private nonprofit Community Action Agency, Board of
Directors refers to the tripartite board as mandated by 42 U.S.C. § 9910 and
Government Code § 12751. For the purposes of a publicly governed Community
Action Agency, Board of Directors refers to the tripartite advisory/ administering
board that is mandated by 42 U.S.C. § 9910 and California Government Code §
12752.1 and established by the political subdivision or local government.
Community Action Agency: A public, or private nonprofit, agency that fulfills all requirements of Government
Code §12750.
Contractor: The entity (partnership, corporation, association, agency, or individual) designated
on the face sheet (STD 213) of this Agreement.
CSD: The State of California Department of Community Services and Development.
Final Allocation: The actual amount of funds available to Contractor under this Agreement, as
calculated pursuant to Government Code § 12759 after CSD receives the notice of
grant award for the full allocation based on the appropriation by Congress for the
related federal fiscal year, and as publicly announced by CSD's Director or designee,
subsequent to the execution of this Agreement.
Maximum Amount: The dollar amount reflected on line 3 of the face sheet (STD 213) of this Agreement.
Modification: An immaterial change to this Agreement that does not require an Amendment.
Parties: CSD on behalf of the State of California, and the Contractor.
Program: The Community Services Block Grant (CSBG) Program, 42 USC §§ 9901 et seq., as
amended.
E1
(2009 CSBG)
EXHIBIT E
(Standard Agreement)
State: The State of California Department of Community Services and Development.
Subcontractor: An entity (partnership, tribe, corporation, association, agency, or individual) that
enters into a separate contract or agreement with Contractor to fulfill direct program
or administrative tasks in support of this Agreement.
Subcontract: A separate contract or agreement entered into by and between Contractor and
Subcontractor to fulfill direct program or administrative tasks in support of this
Agreement.
E2
EXHIBIT F
?E?4TH 6
c yi CERTIFICATION REGARDING LOBBYING
DEPARTMENT OF HEALTH AND HUMAN SERVICES
~ x FAMILY SUPPORT ADMINISTRATION
s a?"
?r
usn s PROGRAM: Community Services Block Grant/ARRA
?O••?
PERIOD: July 1, 2009 through September 30, 2010
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, continuation, renewal,
amendment, or modification of any Federal contract, 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 document for subawards at all tiers (including
subcontracts, 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.
Ly?i (L I
Title Signature
Agency/Organization Date
F1
DISCLOSURE OF LOBBYING ACTIVITIES Approved by OMB
0348-0046
Complete the form to disclose lobbying activities pursuant to 31 U.S.C. 1362
See reverse for public burden disclosure.
1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type:
El a. contract 11 a. bldlofferlapplication ? a. Initial filing
b. grant b. Initial award b. material change
c. cooperative agreement c. post-award
d. loan For Material Change Only:
e, loan guarantee year quarter
f. loan insurance date of Last report
4. Name and Address of Reporting Entity: 5. If Reporting Entity in No. 4 Is Subawardee, Enter Name
?
13 and Address of Prime:
Suhawartlee
Prime
Tier _, if known:
Congressional District, if known: Congressional District, if known:
6. Federal Department/Agency: 7. Federal Program Name/Description:
CFDA Number, If applicable:
6. Federal Action Number, if known: 9. Award Amount, if known:
10. a. Name address of Lobbying Entity b. Individuals Performing Services (including address if
(if individual, last name, first, name, MI): different from No. 10a)
(last name, first name, MV:
(attach Continuation Sheet(s) SF-LLL-A, if necessary)
11. Amount of Payment (check all that apply): 13. Type of Payment (check all that apply):
? a. retainer
? actual ? planned ? b. one-time fee
12. Form of Payment (check all that apply): ? c. commission
? a. cash ? d. contingent fee
? b. In-kind; specify: nature ? e. deferred
Value
?
f. other; specify:
14. Brief Description of Services Performed or to be Performed and Date(s) of Services, including officer(s), employee(s), or
Member(s), contacted, for Payment indicated In Item 11:
(attach Continuation Sheet(s) SF-LLL-A, ifnecessary)
15. Continuation Sheets SF-LLL-A attached: 0 Yes 0 No
16. Information requested through this form Is authorized by Signature:
Title 31 U.S.C. section 1352. This disclosure of lobbying
activities is a material representation of fact upon which Print Name:
reliance was placed by the tier above when this
transaction was made or entered Into. This disclosure is Title:
required pursuant to 31 U.S.C. 1353. This Information will
be reported to the Congress semi-annually and will be
available for public inspection. Any person who fails to
file the required disclosure shall be subject to a civil
penalty for not less than $10,000 and not more than
$100,000 for each failure. Telephone No.: Date:
Federal Use Only:
I
Authorized for Local Reproductions
Standard Form - LLL
F2
DISCLOSURE OF LOBBYING ACTIVITIES Approved by OMB
CONTINUATION SHEET 0348-0046
Reporting Entity: Page of
F3
Authorized for Local Reproduction
Standard Form - LLL-A
INSTRUCTION FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES
This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the Initiation or receipt of a
covered Federal action, or a material change to a previous filing, pursuant to title 31 U.S.C. section 1352. The filing of a form is required for each
payment or agreement to make payment to any lobbying entity 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 a covered Federal action.
Use the SF-LLL-A Continuation Sheet for additional Information If the space on the form Is Inadequate. Complete all Items that apply for both the
Initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional
Information.
1. Identity the type of covered Federal action for which lobbying activity is andlor has been secured to influence the outcome of a
covered Federal action.
2. Identify the status of the covered Federal action.
3. Identify the appropriate classification of this report. If this Is a followup report caused by a material change to the Information
previously reported, enter the year and quarter in which the change occurred. Enter the date of the last previously submitted
report by this reporting entity for this covered Federal action.
4. Enter the full name, address, city, state and ZIP Code of the reporting entity. Include Congressional District, if known. Check the
appropriate classification of the reporting entity that designates If It Is, or expects to be, a prime or subaward recipient. Identify
the tier of the subawardee, e.g., the first subawardee of the prime is the let tier. Subawards Include but are not limited to
subcontracts, subgrants and contract awards under grants.
5. If the organization filing the report In Item 4 checks "subawardee", then enter the full name, address, city, state and zip code of
the prime Federal recipient. Include Congressional District, If known
6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organizational level below
agency name. If known. For example, Department of Transportation, United States Coast Guard.
7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal
Domestic Assistance (CFDA) number for grants, cooperative agreements, loans, and loan commitments.
8. Enter the most appropriate Federal Identifying number available for the Federal action identified In Item 1 (e.g., Request for
Proposal (RFP) number; Invitation for Bid (IFB) number; grant announcement number; the contract, grant, or loan award number;
the application/proposal control number assigned by the Federal agency). Include prefixes, e.g., "RFP-DE-90-001:"
9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal
amount of the awardiloan commitment for the prime entity identified In Item 4 or 5.
10. (a) Enter the full name, address, city, state and zip code of the lobbying entity engaged by the reporting entity identified In
item 4 to Influence the covered Federal action.
(b) Enter the full name of the Individual(s) performing services, and Include full address If different from 10 (a). Enter Last
Name, First Name, and Middle Initial (MI).
11. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (item 4) to the lobbying entity
(item 10). Indicate whether the payment has been made (actual) or will be made (planned). Check all boxes that apply. If this Is
a material change report, enter the cumulative amount of payment made or planned to be made.
12. Check the appropriate box(es). Check all boxes that apply. If payment Is made through an in-kind contribution, specify the
nature and value of the in-kind payment.
13. Check the appropriate box(es). Check all boxes that apply. If other, specify nature.
14. Provide a specific and detailed description of the services that the lobbyist has performed, or will be expected to perform, and
the date(s) of any services rendered. Include all preparatory and related activity, not just time spent in actual contact with
Federal officials. Identify the Federal official(s) or employee(s) contacted or the officer(s), employee(s), or Member(s) of
Congress that were contacted.
15. Check whether or not a SF-LLL-A Continuation Sheet(s) Is attached.
16. The certifying official shall sign and date the form, print his/her name, title, and telephone number.
Public reporting burden for this collection of information Is estimated to average 30 minutes per response, Including time for reviewing
Instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of
Information. Send comments regarding the burden estimate or any other aspect of this collection of Information, Including suggestions for
reducing this burden, to the Office of Management and Budgets. Paperwork Reduction Project (0348-0046), Washington, D.C. 20503.
%%Cobra%sberoMConlredalCommunlty Services BIN Gr.,MSBG Fmetlcan Pecovery 6 RA Iilrnent At "Cmtract'ahid6\CSBG EMIBIT F-Lobbying CenlAcaGm 1001 Oa..,lac
F4