HomeMy WebLinkAbout25C - AGMT - ESGREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
APRIL 18, 2017
TITLE:
EMERGENCY SOLUTIONS GRANTS
PROGRAM FUNDING FOR FY 2017 -2018
(STRATEGIC PLAN NO. 5,6)
CIT& MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
❑ As Recommended
❑ As Amended
❑ Ordinance on 1s` Reading
❑ Ordinance on 2ntl Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
1. Approve the proposed Fiscal Year 2017 -2018 Emergency Solutions Grants Program in the
estimated amount of $474,526 subject to adjustment upon notification of the Grant Year
2017 award from the U.S. Department of Housing and Urban Development.
2. Authorize the City Manager and the Clerk of the Council to execute a memorandum of
understanding with the Santa Ana Police Department and agreements with non - profit
organizations and /or sub - recipients awarded funds as part of the approved program for a
term beginning July 1, 2017 through June 30, 2018, subject to non - substantive changes
approved by the City Manager and City Attorney.
COMMUNITY REDEVELOPMENT AND HOUSING COMMISSION RECOMMENDATION
At a Special Meeting on April 5, 2017, the Community Redevelopment and Housing Commission
(CRHC) recommended that the City Council approve the Fiscal Year 2017 -2018 Emergency
Solutions Grants Program funding allocation by a vote of 5:0 (Cann, A. Garcia absent).
DISCUSSION
The Emergency Solutions Grants (ESG) Program is designed to assist sheltered and unsheltered
homeless individuals, as well as those at risk of homelessness, to quickly regain stability in
permanent housing after experiencing a housing crisis and /or homelessness. The United States
Department of Housing and Urban Development (HUD) has changed the program's focus from
addressing the needs of homeless individuals in emergency or transitional shelters to assisting
people to regain stability in permanent housing.
In 2015, an Orange County ESG Collaborative was formed between the cities of Anaheim, Santa
Ana and Garden Grove. In December 2016, the Collaborative released a combined ESG Notice
of Funding Availability (NOFA) to support the Orange County Continuum of Care's goal to end
homelessness. The NOFA aligned values and priorities to create maximum impact and to
leverage funds. While funding recommendations were made collaboratively, ESG funds will be
used to provide eligible activities within eacl2tcictfn for which they are funded
Emergency Solutions Grants Program Funding for Fiscal Year 2017 -2018
April 18, 2017
Page 2
Orange County's Continuum of Care coordinator, 2 -1 -1 Orange County, notified all homeless
service providers of the NOFA on behalf of each city. Ten organizations submitted proposals with
funding requests totaling over $1,143,312. Of this amount, $591,312 was requested specifically
from the City of Santa Ana. 2 -1 -1 Orange County will receive an allocation that equals three
percent of the total award from each city for data collected as part of the Homeless Management
Information System. Because HUD has not yet released grant allocations for fiscal year 2017-
2018, funding recommendations are approximations. Upon notification by HUD of the actual
grant award, each organization's recommended funding will either be reduced or increased
proportionate to the award. Staff will reassess total recommendations if the award is reduced by
more than twenty -five percent.
On March 13, 2017, the Orange County ESG Collaborative along with Commissioners from the
three cities reviewed and rated all applications. The following evaluation criteria was used: 1)
Prior experience, capacity and readiness to implement the ESG program; 2) Project design and
operations including robust supportive services and a demonstrated record of helping homeless
families (or individuals) achieve stability; 3) Client selection, services and project need; 4)
Participation in the Continuum of Care, Homeless Management Information System and
Coordinated Entry; and 5) Budget and match documentation. A list of agencies recommended
for funding for Fiscal Year 2017 -2018 is provided as Exhibit 1. This list of funding
recommendations is the final percentage score and recommended allocation for each
organization that submitted a proposal for services in the City of Santa Ana. The allocation is
broken down by category to provide more detail on how the ESG funds are being allocated for
eligible ESG activities. A template of the grant agreement that will be executed after approval by
City Council is provided as Exhibit 2.
STRATEGIC PLAN ALIGNMENT
Approval of this item allows the City to meet Goal # 5 - Community Health, Livability,
Engagement & Sustainability, Objective # 6 (Focus projects and programs on improving the
health and wellness of all residents).
FISCAL IMPACT
Funds will be budgeted and available in the Emergency Solutions Grants account (no. 13518785 -
various) upon execution of a grant agreement between the City and HUD and adoption of the FY
2017 -18 annual budget. It is anticipated that the ESG allocation will be expended as follows:
Program Account No. Antic!
2017 ESG 13518785- various 2017 -2018
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in FY Amount
$474,526
Emergency Solutions Grants Program Funding for Fiscal Year 2017 -2018
April 18, 2017
Page 3
Community Development Agency
APPROVED AS TO FUNDS AND ACCOUNTS:
Francisco Gutierrez ry 1„ I
Executive Director ° 1�
Finance and Management Services Agency
Exhibits: 1. Santa Ana ESG Allocation Recommendations
2. Emergency Solutions Grants Agreement Template
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EMERGENCY SOLUTIONS GRANT
SUBRECIPIENT AGREEMENT BETWEEN
THE CITY OF SANTA ANA
AND
NAME OF SUBRECIPIENT
(24 CFR Parts 91 and 576)
THIS GRANT AGREEMENT, is hereby made and entered into this __ day of 2017, by and between
the City of Santa Ana, a charter city and municipal corporation of the State of California, herein called the "CITY', and
NAME Or SUBRECIPIENT, a California nonprofit organization, herein called the "SUBRECIPIENT ",
RECITALS:
1. The CITY is the recipient of Emergency Solutions Grant ( "HSG ") funds from the United States
Department of Mousing and Urban Development ( "HUD "), pursuant to subtitle B of title IV of the McKinney -Vento
Homeless Assistance Act [42 U.S.C. 11371 -- 11378], for the rehabilitation or conversion of buildings for use as emergency
shelter for the homeless, for the payment of certain expenses related to operating emergency shelters, for essential services
related to emergency shelters and street outreach for the homeless, and for homelessness prevention and rapid re- housing
assistance. Catalogue of Federal Domestic Assistance ( "CFDA ") 14.231 and Federal Award Identification Number
(FAIN) E- 17 -MC -06 -0508.
2. The CITY has approved the provision of federal funds under the ESG to be used in the operation of an
emergency solutions program ( "program ") for the homeless or at -risk of homelessness of the City of Santa Ana as further
described by Exhibit A, Scope of Work, attached hereto and by this reference incorporated herein.
3, The SUBRECIPIENT represents that it has the requisite qualifications, expertise, and experience in the
provision of emergency solutions programs for the homeless or at -risk of homelessness and is willing to use said federal
furids to operate said program..
4. The SUBRECIPIENT agrees to assist individuals and families that are homeless or at risk of
homelessness in obtaining appropriate supportive services including, but not limited to; temporary and permanent
housing, relocation and stabilization services, rapid re- housing assistance, medical and mental health treatment,
counseling supervision, and other services essential for achieving independent living, as well as other federal, state, local
and private assistance available for such individuals.
5. The SUBRECIPIENT has agreed to be reimbursed for the above services in an amount not to exceed
$� in grant funding.
6, This AGREEMENT is contingent upon the award of Emergency Solutions Grant fiends from the United
States Department of Housing and Urban Development,
7. The CITY and the SUBRECIPIENT have duly executed this AGREEMENT for the expenditure and
utilization of said funds.
NOW THEREFORE, it is agreed by and between the parties that the foregoing Recitals are a substantive part of
this AGREEMENT and the following terms and conditions are approved and together with all exhibits and attachments
hereto, shall constitute the, entire AGREEMENT between the CITY and the SUBRECIPIENT:
EXHIBIT 2
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1. SCOPE OF PROGRAM
A. General Administration
The SUBRECIPIENT agrees to implement this activity as set forth in detail in Exhibit A, Scope of Work, which
shall provide a description of each activity, including the services to be performed, the person or entity providing
the service, the estimated number of recipients of the service, and the manner and means of the services.
B. Levels of Accomplishment — Goals and Performance Measures
The SUBRECIPIENT shall be responsible to accomplish the levels of performance as set forth in Exhibit A and
report such measures quarterly to the CITY. If the SUBRE,CIPIENT estimates such goals will not be met, the
SUBRECIPIENT is to contact the CITY, at which time the CTTY will determine if any adjustments to the grant
award is appropriate.
C. Staffnug
The SUBRECIPIENT shall ensure adequate and appropriate staffing is allocated to each ESG activity. Nothing
contained in this AGREEMENT is intended to, or shall be construed in any manner, as creating or establishing
the relationship of employer /employee between the parties.
II. TERM OF AGREEMENT
This AGREEMENT" shall take effect on July 1, 2017, and shall terminate on June 30, 2018, unless otherwise
cancelled or modified according to the terms of this AGREEMENT.
III. DISBURSEMENT AND FUNDS
The City was allocated $ in Emergency Solutions Grant rands Linder the McKinnoy -Vento
Homeless Assistance Act for fiscal year 2017 -2018 from the Department of Housing and Urban Development.
CITY agrees to pay to SUBRECIPIENT when, if and to the extent Federal funds are received under provisions of
the Act a sum not to exceed $ 1 for SUBRECIPIENT'S performance in accordance with the Budget
attached hereto as "Exhibit B" during the period of this Agreement. Said sum shall be paid after CITY receives
invoices submitted by SUBRECiPIENf as provided hereinabove.
A. Amount and Exnenditure End Date
........................ ...
The CITY agrees to reimburse the SUBRECIPIENT a maximum amount not to exceed $ from
Emergency Solutions Grant (ESG) funds, as outlined in Exhibit B, Final Budget, and such funds shall be
expended by the SUBRECIPIENT on or before June 30, 2018. SUBRECIPIENT has the ability to adjust line item
amounts in the Budget with the written approval of the CITY's Executive Director of the Community Development
Agency, so long as the total Budget amount does not increase.
B, Invoicing Procedures
The SUBRECIPIENT shall submit quarterly invoices (on or before the 151" day of October, January, April, and
July) in a form prescribed by the CITY, detailing such expenses. Such schedule may be modified with the
approval of the CITY.
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C. Payment
Payment is subject to the receipt and approval of such invoices and quarterly activity reports, as hereinafter more
fully set forth below under Reporting, with the final payment subject to the satisfaction of the condition precedent
of submittal of complete invoicing and reporting information due on or before July 15 of the applicable funding
year. The CITY shall pay such invoices within thirty (30) days after receipt thereof, provided the CITY is
satisfied that such expenses have been incurred within the scope of this AGREEMENT and that the
SUBRECIPIENT is in compliance with the terms and conditions of this AGREEMENT. The thirty (30) day
period will discontinue if the reimbursement request is determined to be incomplete and will restart the thirty day
timeline once the remaining required elements have been submitted.
Failure to provide any of the required documentation and reporting will cause the CITY to withhold all or a
portion of a request for reimbursement until such documentation and reporting has been received and approved by
the CITY.
D. Use of Funds
The SUBRECIPIENT agrees to use said funds pursuant to this AGREEMENT to pay for necessary and
reasonable costs allowable under federal law and regulations to operate said program only. Said amounts shall
include and will be limited to, street outreach, emergency shelter, homelessness prevention, rapid re- housing
assistance, housing relocation and stabilization services, short -tern and medium -term rental assistance, and
Homeless Management Information Systems ( "HMIS ") data contribution as set forth in 24 CPR § 576.101 — §
576.107. Allowable program costs are detailed in the Budget, as set forth in Exhibit B, attached hereto and by this
reference incorporated herein. The 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 the CITY is otherwise
obligated to pay to the SUBRECIPIENT pursuant to the terns ;hereof The SUBRECIPIENT agrees that the
homeless shelter /services under said program shall be available for the entire period during which said funds are
provided.
E. Condition of Funding
(1) The CITY advises the SUBRECIPIENT that a significant change in entitlement funding may result in a
change in the current process utilized by the CITY to determine funding allocations. The SUBRECIPIENT
acknowledges that the obligation of the CITY is contingent upon the availability of Federal, State or Local
government funds, which are appropriated or allocated for the payment of such an obligation. If funding levels are
significantly affected by Federal budgeting or if funds are not allocated and available for the continuance of the
function performed by the SUBRECIPIENT, this AGREEMENT may be terminated by the CITY at the end of
the period for which fiords are available. At the earliest opportunity, the CITY shall notify the SUBRECIPIENf
of any service which may be affected by a shortage of funds. No penalty shall accrue to the CITY in the event this
provision is exercised and the CITY shall not be liable for any damages as a result of termination under this
provision of this AGREEMENT. Nothing herein shall be construed as obligating the CITY to expend funds in
excess of appropriations authorized by law.
(2) The SUBRECIPIENC shall allow representatives of the CITY or I-IUD to inspect facilities which are used
in connection with the AGREEMENT or which implement programs funded under this AGREEMENT.
F. Matching
The SUBRECIPIENT is required to make matching contributions to supplement the ESG program in an amount
that equals or exceeds the amount of ESG funds provided by HUD through the CITY. Such contributions shall be
entirely consistent with the Matching Requirements as outlined by 24 CFR § 576.201. The anticipated source and
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amount of all matching funds contributed by the SUBRECIPIENT will be enumerated in Exhibit B, Final
Budget.
G. ProLyram Income
(1) Definition. Program income means, as provided by 2 CPR 200.80, gross income received by the
SUBRECIPIENT directly generated by a grant supported activity, or eumed only as a result of the grant
agreement during the grant period. For purposes of ESG, program income will also include any amount of a
security or utility deposit returned to the SUBRECIPIENT.
(2) Use. The SUBRECIPIENT shall use all income received from said funds only for the same purposes for
which said funds may be expended pursuant to the terms and conditions of this AGREEMENT.
(3) Counts toward Matching. Costs paid by program income may count toward meeting the matching
requirements, provided the costs are eligible ESG costs that supplement the program.
Il. Se aration of Accounts
All funds received by the SUBRECIPIENT from the CITY pursuant to this AGREEMENT shall be maintained
separate and apart from any other funds of the SUBRECIPIENT, or of any principal or member of the
SIJBRECIPIENT, in an account (the "Account') at a federally insured banking or savings and loan institution with
record keeping of such Accounts maintained pursuant to applicable legal requirements. The SUBRECIPIENT shall
keep all records of the Account in a manner that is consistent with generally accepted accounting principles, No
monies shall be withdrawn from the Account except for expenditures relating to essential services, homeless
prevention, and /or operations costs, as authorized hereunder. All disbursements from the Account shall be for
obligations incurred in the performance of this AGREEMENT and shall be supported by contracts, invoices,
vouchers, and other data, as appropriate, evidencing the necessity of such expenditure. The CITY may withhold
payment allocation requests if the SUBRECIPIENT fails to comply with the above requirements until such
compliance is demonstrated.
Expenditure of Funds
Much like how HUD requires the CITY, pursuant to 24 CFR 576.203, to expend all of the grant funds for eligible
activity costs within 24 months alter the date that IIUD signs the grant agreement with the CITY, it is a
requirement for the SUBRECIPIENT to expend all of the grant funds for eligible activity costs within the
aforementioned period. For the purposes of this paragraph, expenditure means either an actual cash disbursement
for a direct charge for a good /service or an indirect cost, or the accrual of a direct charge for a good /service or an
indirect cost. Failure to expend said finds within said timeframe can result in a reallocation of funds.
I Prohibited Use
(1) Generally. The SUBRECIPIENT hereby certifies and agrees that it will not use fiords provided through this
AGREEMENT to pay for meals for persons other than those identified as homeless or at risk of homelessness. Said
funds shall not be used for entertainment purposes or for gifts. The SUBRECIPIFNT certifies that it will not use said
funds for illegal or dishonest conduct, rather, fund use will remain in compliance with all applicable federal, state, and
local laws, including applicable laws not outlined in this AGREEMENT.
(2) Lobbying. The SUBRECIPIENT certifies and agrees that it will comply with federal law (31 U.S.C. 1352)
and regulations found at 24 CFR Part 87, which provide that no appropriated funds may be expended by the recipient
of a federal contract, grant, loan, or cooperative agreement to pay any person for influencing or attempting to
influence an officer or employee of any agency, Member of Congress, or an officer or employee of a Member of
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LUT
V
Congress in connection with awarding of any federal contract, the making of any federal grant or loan, entering into
any cooperative agreement and the extension, renewal, amendment, or modification of any federal contract, grant,
loan, or cooperative agreement. The SUBRECIPIENT shall sign a certification to that effect in a form as set forth in
Exhibit C, attached hereto and by this reference incorporated herein. The SUBRECIPIENT shall submit said signed
certification to the CITY prior to performing any of its obligations under this AGREEMENT and prior to any
obligation arising on the part of the CITY to pay any sums to the SUBRECIPIENT under the terns and conditions of
this AGREEMENT. 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 a 'Disclosure Form to Report Lobbying," in
accordance with its instructions (see Exhibit D).
NOTICES
The SUBRECIPIENT and the CITY agree that all notices required by this AGREEMENT shall be made in writing
and delivered via mail (postage prepaid); commercial courier; personal delivery; or sent by facsimile or other
electronic means (provided that receipt is confirmed). Any notice delivered or sett as aforesaid shall be effective
on the date of delivery or sending. All notices and other written communications under this AGREEMENT shall
be addressed to the individuals in the capacities indicated below, unless modified by subsequent written notice,
Communication and details concerning the AGREEMENT shall be delivered to the office of, and directed to, the
following representatives:
CITY
Terri Eggers
Sr. Connnrmity Development Analyst
City of Santa Ana
Community Development Agency (1\4-25)
20 Civic Center Plaza
P.O. Box 1988
Santa Ana, CA 92702 -1988
(714) 647 -5378
(714) 647 -6549 FAX
teggers@),santa- ana.org
GENERAL CONDITIONS
A. Coordination with Continuum of Care
SUBRECIPIENT:
[Name]
[Title]
[SUBRECIPIENT Name]
[SUBRECIPIENT Name]
[Address]
[Address]
[City, State, ZIP]
[Telephone #]
[Fax #]
The SUBRFCIPIENT must work with the Continuum of Care ( "CoC ") to ensure the screening, assessment, and
referral of program participants are consistent with the CITY's written standards for providing ESG assistance as
described in its consolidated plan, The SUBRECIPIENT must keep documentation evidencing the use of, and
written intake procedures for, the centralized or coordinated assessment systen(s) developed by the CoC in
accordance with the requirements established by ITLID. See 24 CFR 576.400.
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B. Evaluation of Proeram Participants Eligibility and Needs
The SUBRECIPIENT must conduct evaluations and re- evaluations to determine the eligibility of each individual
or family's eligibility for ESG assistance in accordance with 24 CFR 576.401.
C. Terminating Assistance
If a program participant violates program requirements, the SUBRECIPIENT may terminate the assistance in
accordance with a formal process established by the SUBRECIPIENT that recognizes the rights of individuals
affected. See 24 CFR 576.402
D. Shelter and Ilousinia Standards
The SUBRECIPIENT certifies that shelters and housing supported by ESG funds and used by ESG beneficiaries
will conforn to 24 CPR 576.403.
E. homeless Involvement
The SUBRECIPIENT certifies that it will involve, to the maximum extent practicable, homeless individuals and
families in constructing, renovating, maintaining, and operating facilities assisted under the ESG program, and in
providing services for occupants of these facilities. See 24 CFR 576.405(c) and 42 USC 11375(d).
F. Independent Cgptrgctor
Nothing contained in this AGREEMENT is intended to, or shall be construed in any manner, as creating or
establishing the relationship of employer /employee between the patties. The SUBRECIPIENT and its
subcontractors shall at all times remain independent contractors with respect to the services to be performed under
this AGREEMENT. The CITY shall be exempt from payment of any Unemployment Compensation, FICA,
retirement, life and /or medical insurance and Workers' Compensation Insurance as the SUBRECIPIENT is an
independent contractor.
G. Subcontracts
(I) Content Requirements. The SUBRECIPIENT will include all relevant provisions of this AGREEMENT
in all subcontracts entered into as part of the activities undertaken in furtherance of this AGREEMENT
and will take appropriate action pursuant to any subcontract upon a finding that the subcontractor is in
violation of regulations issued by any federal agency. The SU3RECIPIENT will not subcontract with any
entity where it has notice or knowledge that the latter has been found in violation of regulations under 24
CFR Part 135 (Economic Opportunities for Low- and Very Law - Income Persons) and will not allow any
subcontract unless the entity has fast provided it with a preliminary statement of ability to comply with
the requirements of these regulations.
(2) Submission to the CITY. The SUBRECIPIENT must submit all subcontracts and other agreements that
relate to this AGREEMENT to the CITY.
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H. Licensing
The SUBRECIPIENT agrees to obtain and maintain all required licenses, registrations, accreditation, and inspections
from all agencies governing its operations. The SUBRECIPIENT shall ensure that its staff and subcontractors shall
also obtain and maintain all required licenses, registrations, accreditation and inspections from all agencies governing
the SUBRECIPIENT's operations hereunder, Such licensing requirements include obtaining a City business license,
as applicable.
I. Responsibilities Toward Employees
The SUBRECIPIENT accepts full responsibility for payment of any and all unemployment compensation,
insurance premiums, workers' compensation premiums, income tax withholdings, social security withholdings,
and any and all other taxes or payroll withholdings required for all employees engaged in the performance of the
work and activities authorized by the AGREEMENT. The SUBRECIPIENT accepts full responsibility for
providing workers with proper safety equipment and taking any and all necessary precautions to guarantee the
safety of workers or persons otherwise affected.
J. Insurance and Bonding
(1)(ienerally. The SUBRECIPIENT shall maintain liability and property insurance to cover actionable legal
claims for liability or loss which are the result of injury to or death of any person, or damage to property
(including ;property of Grantee) caused by the negligent acts or omissions, or negligent conduct of the
SUBRECIPIENT, its employees, agents or subcontractors, to the extent permitted by law, in connection with the
activities pursuant to this AGREEMENT.
The SUBRECIPIENT shall comply with the bonding and insurance requirements of 2 CFR 200.427, and 2 CFR
200.447,
The SUBRECIPIENT shall undertake self - insurance, or shall obtain, at its sole cost, a policy or policies of
commercial general liability insurance, or equivalent form.
Such insurance shall: (1) name the City of Santa Ana, its officers, agents, 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 insureds provisions; and (4) give to the CITY prompt and timely notice of claim made or
suit instituted arising out of the SUBRECIPIENT's operations hereunder.
(2) Limits. The SUBRECIPIENT shall maintain, at all times, the following minimum levels of Insurance, and
shall, without in any way altering its liability, obtain, pay for, and maintain insurance for the coverages and amounts
of coverage not less than those set forth below:
a. Workers' Compensation. Amount must comply with State and Federal Laws
b. Comprehensive General Liability. $$,000,000 combined single limit of liability for bodily injuries,
death, and property damage resulting from any one occurrence, including the following coverages:
Premises and Operations; and
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ii. Broad Form Commercial General Liability Endorsement to include blanket contractual
liability (specifically covering, but not limited to, the contractual obligations assumed by the
SUBRECIPIENT); Personal Injury (with employment and contractual exclusions deleted); and
Broad Form Property Damage coverage.
C. The SUBRECIPIENT's self-insured retention or deductible per line of coverage shall not exceed
$25,000 without the permission of the CITY.
(3) Proof of Insurance. The SUBRECIPIENT shall furnish the CITY's Clerk of the Council with an insurance
certificate from insurance carrier certifying that it caries such insurance and that the policy shall not be canceled
nor the coverage reduced except upon thirty (30) days prior notice to the CITY.
The SUBRECIPIENT shall, prior to exercising any right under this AGREEMENT:
a. furnish properly executed certificates of insurance and additional insured endorsement to the CITY
which shall clearly evidence all coverage required above;
b. provide that such insurance shall not be materially changed or terminated except on thirty (30) days
prior written notice to the CITY;
c. maintain such insurance for the period covered by this AGREEMENT; and
ii, replace such certificates for policies expiring prior to the expiration of this AGREEMENT.
(4) Company Rating. All insurance coverage shall be written with a company having an A.M. Best Rating of "A"
or better and financial size of VIII or larger.
(5) Failure to Comply. In the event of any failure by the SUBBRECIPIENI' to comply with these provisions,
the CITY may, after notice to the SUBRECIPIENT, suspend the program for cause until there is full compliance.
K. Zoning,
The SUBRECIPIENT agrees that any facility /property used in furtherance of said program shall be specifically zoned
and permitted for such use(s) and activity(ies). Should the SUBRECIPIENT fail to have the required land entitlement
and/or permits, thus violating any local, state, or federal rules and regulations relating thereto, the SUBRECIPIENT
shall immediately make good -faith efforts to gain compliance with local, state, or federal rules and regulations
following written notification of said violation(s) fi•om the CITY or other authorized citing agency. The
SUBRECIPIENT shall notify the CITY immediately of any pending violations. Failure to notify the CITY of
pending violations, or to remedy such known violation(s), shall result in termination of grant funding hereunder, The
SUBRECIPIENT must make all corrections required to bring the facility /property into compliance with the law
within sixty (60) days of notification of the violation(s); failure to gain compliance within such time shall result in
termination of grant finding nding hereunder.
L.. Displacement and Relocation.
The SUBRECIPIENT must assure that it has taken all reasonable steps to minimize displacementt of persons.
Relocation must be consistent with requirements as set forth in 24 CFR § 576.408.
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M. Provisions Reauired by Law Deemed Inserted.
Each and every provision of law and clause required by law to be inserted in this contract shall be deemed to be
inserted herein and the AGREEMENT shall be read and enforced as though it were included herein, and if
through mistake or otherwise any such provision is not inserted or correctly inserted, then upon the application of
either party the contract shall forthwith be physically amended to make such insertion or correction.
VI. ASSURANCES AND CERTIFICATIONS
A. Non - Profit Status
The SUBRECIPIENT' certifies that:
(1) The 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 and in possession of required non - profit status
under the United States Internal Revenue Code [for example, 26 U'SC § 501(c)(3)]. The 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 the SUBRECIPIENT has been
fully authorized by all requisite actions on the part of the SUBRECIPIENT.
(2) If the SUBRECIPIENT's non- profit status changes at anytime during this AGREEMENT, it will advise
the CITY within 15 days.
(3) If the SUBRECIPIENT is a private non - profit, it hereby agrees that the members of its Board of Directors
will receive no compensation, directly or indirectly, other than reimbursement for expenses, from any funds
generated from or because of the ESG program, for their services.
(4) As a non- profit, the SUBRECIPIENT aekirowledges that administration of its operation and services are
subject to the requirements as established in 2 CFR 200.
B. Adherence to Federal, State, and Local Laws and Regutations
(1) General. The SUBRECIPIENT agrees to comply with all requirements of the ESG program and
applicable cross - cutting Federal, State, and Local requirements.
(2) Economic Opportunities for Low- and Very Low-income Persons. The SUBRECIPIENT" shall ensure that
employment and other economic opportunities generated by the Program shall, to the greatest extent feasible, be
directed to low- and very low- income persons, particularly those who are recipients of government assistance for
housing, Section 3 of the Housing and Urban Development Act of 1968, 12 U.S.C. 1701u, and regulations at 24
CFR part 135 apply, except that homeless individuals have priority over other Section 3 residents in accordance
with § 576.405(c).
(3) Civil Rights, The SUBRECIPIENT agrees to comply with Title VI of the Civil Rights Act of 1964, as
amended, Title VIII of the Civil Rights Act of 1968, as amended, Section 109 of the Title I of the Housing and
Community Development Act of 1974, Section 504 of the Rehabilitation Act of 1973, the Americans with
Disabilities Act of 1990, the Age Discrimination Act of 1975, and 41 CFR Chapter 60.
(4) Nondiscrimination and Equal Employment Opportunity. During the performance snider this
AGREEMENT, the SUBRECIPIENT shall not discriminate against any employee or applicant for employment
25C -15
based on race, color, creed, religion, sex, age, handicap, disability, ancestry, national origin, marital status,
familial status, sexual orientation, or any other basis prohibited by applicable law.
The SUBRECIPIENT shall take affirmative action to ensure that all applicants and employees are treated without
regard to race, color, creed, religion, sex, age, handicap, disability, ancestry, national origin, marital status,
familial status, and sexual orientation.
The SUBRECIPIENT shall comply with all provisions of Executive Order 11246, Equal Employment
Opportunity, as amended by Executive Orders 11375 and 12086.
(5) Nondiscrimination and Equal Opportunity in Participation. The requirements in 24 CFR part 5, subpart A
are applicable, including the nondiscrimination and equal opportunity requirements at 24 CFR 5.105(a). The
SUBRECIPIENT shall not discrinanate against any participant on the ground of race, color, creed, religion, sex,
age, handicap, disability, ancestry, national origin, marital status, familiar status, sexual orientation, or any other
basis prohibited by applicable law. The SUBRECIPIENT shall, through affirmative outreach, make known that
use of the facilities, assistance, and services are available to all on a nondiscriminatory basis. The
SUBRECIPIENT must take appropriate steps to ensure effective communication with persons with disabilities.
(6) Americans with Disabilities Act. The SUBRECIPIENT agrees to comply with any federal regulations
issued pursuant to compliance with the Americans with Disabilities Act which prohibits discrimination and
ensures equal opportunity for persons with disabilities in employment, State and Local government services, and
public accormnodations.
(7) Fair Housing. Under section 808(e)(5) of the Fair Housing Act, HUD has a statutory duty to affirmatively
further fair housing. HUD requires the same of its funded sub - recipients. The SUBRECIPIENT has a duty to
affirmatively further fair housing opportunities for classes protected under the Fair Housing Act.
C. Falsification of Information
The SUBRECIPIENT represents and warrants that it has made no false statements to the CITY in the process of
obtaining this award of the ESG Funds,
D. Drug Free Workplace
The SUBRECIPIENT represents and warrants that it has established the following drug -free workplace policy:
(1) The unlawful manufacture, distribution, dispensing, possession, 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 the
SUBRECIPIENT will be required to:
a. Abide by the terms above in statement (1), and
b. Notify the appropriate SUBRECIPIENT authorities and CITY officials of any criminal drug
statute conviction for a violation occurring in the workplace. Such notification shall be made no
later than five (5) days after conviction.
(3) The CITY and the United States Department of Housing and Urban Development will be notified within
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25C -16
ten days after receiving notice of any such violation.
(4) Within thirty (30) days of receiving such notice, appropriate personnel action will be taken against such
employee, up to and including termination.
(5) Each such employee shall be required to participate satisfactorily in a drug abuse assistance or
rehabilitation program approved for such purposes by a Federal, State or Local health, law enforcement,
or other appropriate agency.
E. Religious Organization
The SUBRECIPIENT may not engage in inherently religious activities, such as worship, religious instruction, or
proselytization as part of said program or services. If the SUBRECIPIENT conducts such activities, the activities
must be offered separately, in time or location, from said programs or services, and participation must be
voluntary for the program participants.
The SUBRECIPIENT shall not, in providing program assistance, discriminate against a program participant or
prospective program participant on the basis of religion or religious belief.
If the SUBRECIPIENT is a religious organization, it retains its independence from Federal, State, and Local
governments, and may continue to carry out its mission, including the definition, practice, and expression of its
religious beliefs, provided that the religious organization does not use direct ESO funds to support any inherently
religious activities.
The SUBRECIPIENT agrees that rehabilitation of structures by the religious organization in connection with said
program must be in sound accord with the provisions under 24 CPR § 576.406.
F. Additional Terms between the CITY and HUD
The SUBRECIPIENT agrees further that it shall be bound by the standard terms and conditions used in the Grant
Agreement between IWD and the CITY and such other rules, regulations, or requirements as RTJD may
reasonably impose in addition to the aforementioned assurances at or subsequent to the execution of this
AGREEMENT by the parties hereto.
G. OSHA
Where employees are engaged in activities not covered under the Occupational Safety and Health Act of 1970,
they shall not be required or permitted to work, be trained, or receive services in buildings or surroundings or
under working conditions which are unsanitary, hazardous, or dangerous to the participants' health or safety.
H. Hatch Act
The SUBRECIPIENT agrees that no funds provided, nor personnel employed under this AGREEMENT, shall be
in any way or to any extent engaged in the conduct of political activities in violation of the Hatch Act, 5 U.S.C.
Section 1501 et seq.
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25C -17
I. 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, the payroll reports (along with the "Statement of Compliance ") and basic records are 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 is on file with the agency a certification
by the contractor that the contractor and its subcontractors have complied with the provisions of 29 C.F.R. §5.5. A
breach of the contract clauses in 29 C.F.R. §5,5 may be 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. See 29 C.P.R. §5.6(a)(3).
VII. ADMINISTRATIVE REQUIREMENTS
A. Generally
The following requirements and standards must be complied with: 2 CFR Part 200, et al. SUBRECIPIENT shall
procure all materials, property, or services in accordance with the requirements of 2 CFR 200.318 -326.
B. Procurement
(1) Compliance. The SUBRECIPIENT shall comply with current HUD and CITY policies concerning the
procurement of equipment, goods, and services, and shall maintain inventory records of all non - expendable
personal property as defined by such policy as may be procured with funds provided herein. The
SUBRECIPlENI' shall report to the CITY all program assets (unexpended program income, property, equipment,
etc.), and upon the CITY'S request, such assets shall revert to the CITY upon termination of this AGREEMENT.
(2) Pursuant to 2 CFR 200.331 (a) (4), the Indirect Cost Rate for the SUBRECIPIENT's award shall be an
approved federally recognized cost rate negotiated between the SUBRECIPIENT and the Federal government, or,
if no cost rate exists, the de minims indirect cost rate as defined in 2 CFR 200.414(b) Indirect (F & A) costs shall .
be used. For this agreement, the de minims indirect cost of 10% will apply.
(3) Use and Reversion of Assets. "17ie use and disposition of equipment under this AGREEMENT shall be in
compliance with the requirements of 2 CFR Part 200.
C. Reporting
Reporting requirements must conform, to the policies and procedures as established by the CITY and 24 CPR §
576500. The SUBRECIPIENT shall submit to the CITY, on or before the 15111 day of October, January, April,
and July, as part of the Quarterly Report:
(1) Payment Request. An original request for reimbursement and true copies of invoices, receipts,
agreements, or other documentation supporting and evidencing how the ESG Funds have been
expended during the applicable quarter.
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25C -18
(2) Quarterly Activities and written cumulative (year -to -date) reports of activities, program
accomplisluncnts, new program information, and up -to -date program statistics on expenditures,
caseload and activities. Failure to provide any of the required documentation and reporting will cause
the CITY to withhold all or a portion of a request for reimbursement until such documentation and
reporting has been received and approved by the CITY.
(3) Matching. Quarterly certification of match, plus documentation of match source,
(4) Any other such reports as the CITY (or HUD) shall reasonably require and/or request, including but
not limited to the following information: monthly records of all ethnic and racial statistics of persons
and families benefited by the SUBRECIPIENT in the performance of its obligations under this
AGREEMENT.
D. Record Keenin
Sufficient records must be established and maintained to enable the CITY and HUD to determine whether the
ESG requirements are being met. Record keeping requirements must conform to the policies and procedures as
established by the CI'T'Y. All accounting records, reports, all evidence pertaining to costs, expenses, and ESG
Funds of the SUBRECIPIENT, and all documents related to this AGREEMENT° shall be maintained and kept
available at the SUBRECIPIENT'S office or place of business for the duration of the AGREEMENT and
thereafter for five (5) years post - completion of an audit in conformity with the ESG requirements, except as
hereinafter provided relating to retention of any records or documentation existing, created, or maintained in
compliance with Lead -based Paint regulations, which likely require longer retention as outlined below. Records
which relate to (a) complaints, claims, administrative proceedings or litigation arising out of the performance of
this AGREEMENT, or (b) costs and expenses of this AGREEMENT to which the CITY or any other
govermnental agency takes exception, shall be retained beyond the five (5) years until complete resolution or
disposition of such appeals, litigation claims, or exceptions. All said records must be retained for the greater of the
aforementioned duration or the periods specified in 24 CFR 576.500(y). All records relating to, or created or
maintained in compliance with, the Lead -Based Paint regulations shall be retained and maintained by the
SUBRECIPIENT indefinitely, including without limitation, all inspection report(s), disclosure statennent(s), and
clearance report(s). Copies made by microfilming, photocopying, or similar methods may be substituted for the
original records, The CITY, IIUD and auditors shall have the right to access all the SUBRECI131ENT records for
as long as the records are retained by the SUBRECIPIENT. In the event the SLJBRECIPIIiNT does not make the
above - referenced documents available within the City of Santa Ana, California, the SUBRECIPIENT agrees to pay
all necessary and reasonable expenses incurred by the CITY in conducting any audit at the location where said
records and books of account are maintained.
The SUBRECIPIENT agrees to meet the requirements set forth in 24 CFR § 576.500.
E. Homeless Manasement Informafiop Systens I( IMIS
(1) Generally. The SUBRECIPIENT must ensure that data on all persons served and all activities assisted
under ESG are entered into the applicable community -wide IIMIS in the area in which those persons and
activities are located, or with the express knowledge and written consent of the CITY, a comparable database, in
accordance with HUD's standards on participation, data collection, and reporting under a local HMIS.
(2) HMIS Agency Agreement. The SUBRECIPIENT shall have an agreement in place with the IIMIS lead
agency to participate in the regionally ITMIS system. A copy of the SUBRECIPIENTS agreement with the HMIS
load agency shall be attached to this agreement as Exhibit F. hn the case of Domestic Violence service providers
13
25C -19
or other agencies prohibited from entering data into EIMIS, documentation from the FIMIS lead agency certifying
that the SUBRECIPIENT is using a comparable database shall be attached to this agreement as Exhibit D.
(3) HMIS Interagency Data Sharing Agreement. The SUBRECIPIFNT shall enter into an Interagency Data
Sharing Agreement with the EIMIS Lead Agency where the SUBRECIPIENT agrees to share HMIS data with
other ESG funded agencies regarding clients that are served in ESG funded programs, unless prohibited by law.
A copy of such agreement shall be attached as Exhibit F -1.
F. Audit Report Requirements
The SUBRECIPIENT agrees that if the SUBRECIPIF.NT expends Seven Hundred Fifty Thousand Dollars
($750,000.00) or more in federal funds, the SUBRECIPIENT shall have an annual audit conducted by a certified
public accountant in accordance with the standards as set forth and published by the United States Office of
Management and Budget (2 CFR 200,501a). The SUBRECIPIENT shall provide the CITY with a copy of said audit
by April I of the year following the program year in which this AGREEMENT is executed. Further, the
SUBRECIPIENT shall comply and /or cause compliance with audit report(s) required by applicable provisions of the
Lead -Based Paint Regulations as further detailed below.
VIII. EVALUATION AND MONITORING
A. Generally
The CITY will monitor the performance of the SUBRECU31ENT against goals and performance standards as
required herein. The SUBRECIPIENT shall provide the CITY all necessary reporting information as required by
the CITY in the administration and review of the Program. Substandard performance as determined by the CITY
will constitute noncompliance 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 irtitiated.
B. Access to Records
The SUBRECIPIENT gives the CITY and HUD, including their authorized representative, access to and the right
to examine all records, books, papers, items, emails, and documents, both physical and electronic, relating to the
program.
C. Audit
The CITY shall have the right to audit and monitor any program income as a result of an ESG activity. Upon
request by the CITY and for audit purposes, the SUBRECIPIENT further agrees to provide all files, records, and
documents pertaining to related activities and clientele demographic data.
IX. LIABILITY
A. Generally
Each party to this AGREEMENT acknowledges that it will be liable for its own negligent acts or negligent
omissions by or through itself, its employees, agents, and subcontractors. Each party further agrees to defend
itself and themselves, and to pay any judgments and costs arising out of such negligent acts or omissions, and
nothing in this AGREEMENT shall impute or transfer any such liability from one to the other. In other words, the
14
25C -20
SUBRFCIPTFNT agrees to be hilly responsible for its negligent acts or omissions, or any intentional tortuous acts
which result in claims or suits against the CITY, and agrees to be liable for any damages proximately caused by
said acts or omissions. Nothing herein shall be construed as consent by a State or CITY agency or subdivision to
be sued by third parties in any matter arising out of any contract, and nothing 'herein is intended to serve as a
waiver of sovereign immunity where sovereign immunity applies,
B. CITY not Liable for Funds
The SUBRFCIPTFNT further acknowledges that the source of the ESG Funds is a federal pass - through grant to
the SUBRECIPIENT. The CITY shall have no obligation to advance or pay the SUBRECIPIENT with any funds
other than the ESG Funds the CITY receives from HUD.
C. Hold Harmless
The SUBRF.CI.PIENT shall defend, indemnify and save harmless the CITY, its officers, agents, employees,
representatives, volunteers, and student externs from and against any and all damages to property or injuries to or
death of any person or persons, including property and employees or agents of the CITY, and shall defend,
indemnify and save harmless the CITY, its officers, agents, employees, representatives, volunteers, and student
externs from and against any and all claims, demands, suits, actions or proceedings of any kind or nature,
including, but not by way of limitation, worker compensation claims and attorney fees /expenses for litigation or
settlement, resulting from or arising out of the negligent or wrongful acts, errors or omissions of the
SUBRECIPILNT, its officers, directors, employees, agents, subcontractors, and suppliers arising out of the
SUBRECIPIENT" s performance of this AGREEMENT.
Y. ENVIRONMENTAL CONDITIONS
A. Generally
ESG activities are subject to environmental review by HUD under the environmental regulations in 24 CFR 50,
The SUBRECIPIENT, or any contractor of the SUBRECIPIENT, may not acquire, rehabilitate, convert, lease,
repair, dispose of, demolish, or construct property for a project under this part, or commit or expend HUD or local
funds for eligible activities under this part, until HUD has performed an environmental review under 24 CFR part
50 and the recipient has received IRA) approval of the property.
The SUBRECIPIENT agrees to comply with all applicable environmental requirements insofar as they apply to
the performance of this AGREEMENT, including but not limited to the Clean Air Act, the Federal Water
Pollution Control Act and the Flood Disaster Protection Act. If applicable, the SUBRECIPIENT also shall comply
with the Historic Preservation requirements of National Historic Preservation Act of 1966.
B. Lead -based paint remediation and disclosure
The Lead -Based Paint Poisoning Prevention Act (42 U.S.C. 4821 -- 4846), the Residential Lead -Based Paint
Hazard Reduction Act of 1992 (42 U.S.C. 4851- 4856), and implementing regulations in 24 CFR part 35, subparts
A, B, H, J, K, M, and R apply to all shelters assisted under FSG program and all housing occupied by program
participants that were built before 1978.
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25C -21
C. Assi mnerr of Responsibilities
By this AGREEMENT, the SUBRECIPIENT will accept assignment from the CITY of all responsibilities set
forth in Subpart K of 24 CFR 35.
D. Compliance with Subpart K
The purpose of Subpart K is to establish procedures to eliminate as far as practicable lead -based paint ( "LBP ")
hazards in a residential property that receives Federal assistance under certain I -IUD programs for acquisition,
leasing, support services, or operation. In connection with the grant fiords under this AGREEMENT, the CITY
requires that the SUBRECIPIENT comply and show evidence of compliance with all applicable subparts of 24
CFR 35, and especially, Subpart K ("LBP Regs ").
The SUBRECIPIENT shall conduct the following activities for the dwelling unit, common areas servicing the
dwelling unit, and the exterior surfaces of the building in which the dwelling urn is located:
(1) A visual assessment of all painted surfaces in order to identify deteriorated paint;
(2) Faint stabilization of each deteriorated paint surface, and clearance, in accordance with §§ 35.1330(a) and
(b), before occupancy of a vacant dwelling unit or, where a unit is occupied, immediately after receipt
of Federal assistance; and
(3) On ou inn; lead -¢BEd as t maintenance activities into regular building operations, in accordance with §
35.1355(a), if the dwelling unit has a continuing, active financial relationship with a Federal housing
assistance program, except that mortgage insurance or loan guarantees are not considered to
constitute an active programmatic relationship for the purposes of this part,
(4) And notice to occupants in accordance with §§ 35.125(b)(1) and (c), describing the results of the
clearance examination.
E. Notification of,LBP IIpzard
The SUBRECIPIENT shalt provide to all occupants of housing:
(1) In accordance with Section 35.130 of the LBP Regs - the LBP hazard information pamphlet. The
pamphlet shall, be the EPAMUD /Consumer Product Safety Commission 'lead hazard information
pamphlet or an EPA - approved equivalent.
The current form and version of the pamphlet can be found at:
htt p: / /www, h u d,gov /offices /lea d/ library /enforcement /fs -d isci. pdf
(2) In accordance with 24 CFR 35, Subpart A, all available information and knowledge regarding the
presence of LBP and LBP hazards prior to leasing a housing unit.
(3) In accordance with 24 CFR 35, Subpart A, notification in writing of the results of the presumption of LBP
and /or LBP hazards, results of any lead hazard evaluation, and any lead hazard reduction work.
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25C -22
P. LBP Information Summary
For purposes of information only and in no respect intended to be a representation or warranty of the provisions of
the LBP Regulations, the CITY has caused to be prepared an information summary relating to the LBP
Regulations and Application to dwelling units that may be occupied by recipients of services and /or funding from
the SUBRECIPIENT under this AGREEMENT. CITY staff will cooperate with and be available to the
SUBRECEPIENT to assist in implementation of compliance with the LBP Regs as to residential dwelling units to
be assisted by the SUBRECIPIENT. The parties acknowledge and agree the CITY shall not be liable or
responsible for the accuracy of such summary, and the SUBRECIPENT is directed to the LBP Regulations and
implementing guidance published and provided by HUD relating to compliance with such LBP Regulations.
G. Exemptions
Section 35.115(a) provides exemptions from Subparts B through R. For example, lead -based paint requirements
do not apply to housing assistance if the assistance lasts less than one hundred (100) days.
XI. CONFLICTS OF INTEREST
The SUBRECIPIENT shall comply with 2 CFR 200.112 with respect to the use of program funds to procure
services, equipment, supplies, or other property. With respect to all other decisions involving the use of program
funds, the following restriction shall apply: No person who is an employee, agent, consultant, officer, or elected
or appointed official of the SUBRECIPIENT and who exercises or has exercised any functions or responsibilities
with respect to assisted activities, or who is in a position to participate in a decision making process or gain inside
information with regard to such activities, may obtain a personal or financial interest or benefit from the activity,
or have an interest in any contract, subcontract, or agreement with respect thereto, or the proceeds there under,
either for himself or herself, or for those with who lie or she has fancily or business ties, during his or her tenure or
for one (1) year thereafter.
The SUBRECIPIFNT agrees to abide by the ESG Program's Conflict of Interest provisions as expressly detailed
in 24 CPR § 576.404 regarding Organizational Conflicts of Interest and Personal Conflicts of Interest. All
contractors of the SUBRFCIPIENT must comply with the same requirements that apply to the SUBRECIPIENT
under this section.
XIL ASSIGNABILITY
None of the duties of, or work to be performed by, the SUBRECIPIENT under this AGREEMENT shall be
subcontracted or assigned to any agency, consultant, or person without the prior written consent of the CITY. The
SUBRECIMENT must submit all subcontracts and other agreements that relate to this AGREEMENT to the
CITY. No subcontract or assignment shall terminate or alter the legal obligations of the SUBRECIPIENT
pursuant to this AGREEMENT.
X111. EXCLUSIVITY 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 the CITY's ESG Funds by the SUBRECIPIENT and contains all the covenants and
agreements between the parties with respect to such ESG Funds in any manner whatsoever. Each party to this
AGREEMENT acknowledges that no representations, inducements, promises or agreements, orally or otherwise,
17
25C -23
have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no
other agreement or amendment hereto shall be effective unless executed in writing and signed by both the CITY
and the SUBRECIPIENT.
XIV. AMENDMENTS OI2 MODIFICATIONS
The SUBRECIPIENT shall not obligate, encumber, spend, or otherwise utilize program funds for any activity or
purpose not included or not in conformance with the budget as apportioned and as submitted to the CITY unless;
(1) The SUBRECIPIENT has received explicit written approval from the CITY to undertake such actions, or
(2) Budget changes may be made among approved program activities and among approved budget categories
so long as the specific project activity has been approved, there is no change to the total grant amount,
and the changes to the budget are documented.
Any program modification request by the SUBRECIPIENT must be requested at least forty -five (45) days prior to
the end of the term of this AGREEMENT. No modification to this AGREEMENT shall be binding by either party
unless in writing and signed by both parties.
In the event that the CITY approves any amendment to the funding allocation, the SUBRECIPIENT shall be
notified in writing and such notification shall constitute an official amendment.
The CITY may, at its discretion and upon provision of proper notice to the SUBRECIPIENT, amend this
AGREEMENT to conform with changes in Federal, State, and /or the CITY laws, regulations, guidelines,
directives, and objectives. Such amendments shall be incorporated by written amendment as a part of this
AGREEMENT.
XV. VIOLATION OF TERMS AND CONDI'T'IONS
A. Termination
If, due to any cause, the SUBRECIPIENT fails to comply with the terms, conditions or requirements of this
AGREEMENT, or any prior AGREEMENT whereby ESG funds were received by the SUBRECIPIENT, whether
stated in a Federal statute or regulation, an assurance, a State plan or application, a notice of award, or elsewhere,
the CITY may terminate or suspend this AGREEMENT in accordance with 2 CFR 200.339 and in accordance
with 2 CFR 200.340 by giving written notice, and the CITY may request in writing that all or some of the grant
funds be returned even if the SUBRECMENT has expended the funds.
If the SUBRECIPIENT reports inaccurately, or if on audit there is a disallowance of certain expenditures, the
SUBRECIPIENT agrees to remedy the acts or omissions causing the disallowance and repay the CITY all amounts
spent in violation thereof. If the SUBRECIPIENT engaged in fraudulent activity to obtain and /or justify expenditure
of the ESG funds granted hereunder, the SUBRECIPIENT shall be required to reimburse the CITY of all such funds
that were obtained and/or spent ruder fraudulent circumstances, and the CITY reserves the right to take other
remedies that may be legally available.
The SUBRECIPIENT agrees to return all funds as requested by the CITY under this section within thirty (30)
days of receipt of the written request.
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25C -24
Any objections regarding terminations or suspensions shall be made by the SUBRECIPIENT in writing and
mailed to the CITY pursuant to the above NOTICES section.
XVI. CLOSE -OUT
The SUBRECIPIENT agrees to comply with the closeout procedures detailed in 2 CFR 200.343, including the
following:
I. SUBRECIPIENT must submit, no later than ninety (90) calendar days after the end date of the period
of performance, all financial, performance, and other reports as required by the terms and conditions
of the Federal award;
2. Unless the CITY authorizes an extension, SUBRECIPIENT must liquidate all obligations incurred
under the Federal award not later than ninety (90) calendar clays after the end date of the period of
performance as specified in the terms and conditions of the Federal award;
3. SUBRECIPIENT must promptly refund any balances of unobligated cash that the CITY paid in
advance or paid and that is not authorized to be retained by SUBRECIPIENT for use in other projects
(See OMG Circular A -129 and 2 CFR 200.345);
4. SUBRECIPIENT must account for any real and personal property acquired with Federal funds or
received from the Federal government in accordance with 2 CFR 200.310 - 200.316 and 200.329; and,
5. The CITY should complete all closeout actions for the Federal award no later than one year after
receipt and acceptance of all required final reports,
XVII. VALIDITY AND SL ERABILITY
The invalidity in whole or in part of any provision of this ARGREEMENT shall not void or affect the validity of
any other provision of this AGREEMENT. Whenever possible, each provision of this AGREEMENT shall be
interpreted in such manner as to be effective and valid under applicable law, but if any provision of this
AGREEMENT is held to be prohibited by or invalid under applicable law, such provision shall be ineffective
only to the extent of such prohibition or invalidity, without invalidating the remainder of such provisions of this
AGREEMENT.
XVIII, LAWS GOVERNING TINS 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.
XIX. WAIVER
No delay or omission by the CITY hereto to exercise any right or power accruing upon any noncompliance or
default by the SUBRECIPIENT with respect to any of the terms of this AGREEMENT shall impair any such right
or power or be construed to be a waiver thereof. 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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25C -25
XX. AGREEMENT DOCUMENT EXHIBITS AND ATTACHMENTS
All of the attachments and exhibits attached to this AGREEMENT are deemed incorporated by reference. This
document may be executed in three (3) counterparts, each of which shall be deemed to be an original.
Each undersigned represents and warrants that its signature hereinbelow has the power, authority and light to bind their
respective parties to each of the terms of this AGREEMENT, and shall indemnify the CITY fully, including reasonable costs
and attorney's fees, for any injuries or damages to the CITY in the event that such authority or power is not, in fact, held by
the signatory or is withdrawn.
IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT on the date and year first above
written.
ATTEST:
MARIA D. IIUIZAR
Clerk of the Council
AS TO FORM:
By:
RECOMMENDED FOR APPROVAL:
ROBERT C. CORTEZ
Deputy City Manager
Community Development: Agency
CITY OF SANTA ANA.
a municipal corporation
GERARDO MOULT
Acting City Manager
SUBRECIPIENT:
Name: ----- __ - - - --
Title:
Tax ID:
DUNS
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