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COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
SUBRECIPIENT AGREEMENT
THIS COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
SUBRECIPIENT AGREEMENT ('Agreement") is entered into as of July 1, 2022 (the "Effective
Date"), by and between the CITY OF ORANGE, a municipal corporation ("CITY"), and FRIENDLY
CENTER, INC., a California nonprofit corporation ("SUBRECIPIENT"), with reference to the
following:
RECITALS
WHEREAS, CITY receives Community Development Block Grant ("CDBG") funding from
the United States Department of Housing and Urban Development ("HUD") under Grant Number 13-
22-MC-06-0507; and
WHEREAS, the CDBG Program is listed in the Catalog of Federal Domestic Assistance
("CFDA") under CFDA Number 14.218; and
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COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
SUBRECIPIENT AGREEMENT
TH3, s.���:INSII�IT'�v ,If13,L
described in Attachment "A;" and
WHEREAS, a total Subgrant of $14,655 was approved by the City Council on June 14, 2022,
through the adoption of the CITY's FY 2022-23 budget; and
WHEREAS, SUBRECIPIENT agrees to expend the Subgrant within a time period not
exceeding twelve (12) consecutive months following the Effective Date of this Agreement. Extension
of this time period is at the discretion of CITY and may only be granted by mutual consent of both
parties in writing; and
WHEREAS, SUBRECIPIENT is a California nonprofit corporation, duly organized and in
good standing under the laws of the State of California; and
WHEREAS, SUBRECIPIENT represents that it has the organization, facilities and personnel
to carry out the Program in accordance with the purpose of this Agreement.
NOW, THEREFORE, IT IS MUTUALLY AGREED AS. FOLLOWS:
USE OF FUNDS
a. SUBRECIPIENT shall use all funds provided pursuant to this Agreement exclusively
for the purpose of implementing its approved Program as described in Attachment
«A
b. No funds provided by CITY under this Agreement to SUBRECIPIENT shall be used
for any political activity whatsoever or for any other purpose.
C. SUBRECIPIENT shall use monies received under this Agreement in strict conformity
with applicable provisions of the CDBG Program regulations issued by HUD and
of this time period is at the discretion of CITY and may only be granted by mutual consent of both
parties in writing; and
WHEREAS, SUBRECIPIENT is a California nonprofit corporation, duly organized and in
good standing under the laws of the State of California; and
WHEREAS, SUBRECIPIENT represents that it has the organization, facilities and personnel
SUBRECIPIENT shall commence the work or services provided for in this Agreement
immediately after execution hereof and to diligently prosecute completion of the work within
FY 2022-23.
4. REVERSION OF ASSETS
a. Upon the earlier to occur of termination of this Agreement or within five (5) CITY
business days following the end of FY 2022-23, SUBRECIPIENT shall transfer to
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CITY any undisbursed funds or accounts receivable attributable to the use of CDBG
funds; and
b. As provided for in 24 CFR Section 570.503 of the CDBG Regulations, any real
property acquired or improved in whole or in part with CDBG funds ' in excess of
$25,000 must either:
i. Continue to be used to meet one of the national objectives as set forth in 24
CFR Section 570.208 of the CDBG Regulations for at least five (5) years from
the expiration of the term of this Agreement; or
ii. Be disposed of so as to reimburse CITY at the full fair market value of the
property, less any portion thereof that is attributable to any non-CDBG funds
contributed to the acquisition or improvement. This provision shall expire and
lapse upon the fifth anniversary of the expiration of the term of this Agreement.
5. PROGRAM INCOME
Any income earned by SUBRECIPIENT as a result of the CDBG-funded Program must be
returned to CITY within thirty (30) days of its receipt.
6. GRANT ADMINISTRATION AND OTHER PROGRAM REQUIREMENTS
CITY any undisbursed funds or accounts receivable attributable to the use of CDBG
funds; and
b. As provided for in 24 CFR Section 570.503 of the CDBG Regulations, any real
property acquired or improved in whole or in part with CDBG funds ' in excess of
$25,000 must either:
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SUBRECIPIENT shall comply with the provisions of 24 CFR, Subtitle B, Chapter I,
Subchapter B, Part 135, Economic Opportunities for Low and Very Low Income Persons that
are applicable to the Program approved under this Agreement.
SUBRECIPIENT shall comply with the provisions of the "Notice of Outcome Performance
Measurement System for Community Planning and Development Formula Grant Programs."
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7. PAYMENT
a. Consideration:
CITY shall pay to SUBRECIPIENT as consideration for the services to be performed
under this Agreement, an amount not to exceed the amount of the Subgrant, which
shall be used in accordance with the Program performance schedule set forth in
Attachment "A" hereto. If the number of Program beneficiaries served during the
billing period in question is less than the number of Program beneficiaries estimated
to be served by SUBRECIPIENT in Attachment "A," CITY reserves the right to
disburse an amount based upon a pro rata calculation involving the number of Program
beneficiaries served and the total number of Program beneficiaries estimated to be
served by SUBRECIPIENT in Attachment "A."
b. Requests for Payment:
SUBRECIPIENT shall submit to CITY on forms provided by CITY, CDBG Nonprofit
Agency Payment Requests under this Agreement not more frequently than monthly.
Such requests shall reflect expenditures incurred after the Effective Date of this
Agreement. Only expenditures incurred from said date through June 30, 2023, shall
be considered by CITY for payment.
7. PAYMENT
a. Consideration:
CITY shall pay to SUBRECIPIENT as consideration for the services to be performed
under this Agreement, an amount not to exceed the amount of the Subgrant, which
shall be used in accordance with the Program performance schedule set forth in
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d. CITY shall review each completed Payment Request and agrees to pay all such
requests as quickly as practicable, generally within 30 days after CITY deems a
Payment Request to be complete.
e. When the purpose of this Agreement includes construction activities,
SUBRECIPIENT shall receive payment upon CITY'S receipt and verification of
payroll forms and other Federal compliance documentation submitted by the
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construction contractor retained under contract by SUBRECIPIENT.
SUBRECIPIENT shall not pay its contractor prior to CITY' S verification and
approval of submitted documentation.
f. As required by 2 CFR Part 200 and 24 CFR Section 570.502 of the CDBG
Regulations, SUBRECIPIENT shall notify CITY in writing of all personnel authorized
to submit Payment Requests and receive reimbursement checks. All Payment
Requests shall be signed by SUBRECIPIENT'S corporate officer, Executive Director,
or designee who is authorized in writing to sign in the absence, or on behalf, of the
corporate officer or Executive Director.
8. RECORD -KEEPING REQUIREMENTS
a. SUBRECIPIENT shall maintain, on a current basis, detailed financial and Program
management records as specified by CITY pursuant to the provisions of 24 CFR
Sections 570.502 (b) and 570.506 of the CDBG Regulations and in accordance with
generally accepted accounting principles and standards.
b. The Program shall meet the National Objective of benefiting Low and Moderate
Income persons in the limited clientele category pursuant to 24 CFR Section
570.208(a)(2)(i)(B) of the CDBG Regulations, under which SUBRECIPIENT is
obligated to require information on family size and income so that it is evident that at
construction contractor retained under contract by SUBRECIPIENT.
SUBRECIPIENT shall not pay its contractor prior to CITY' S verification and
approval of submitted documentation.
f. As required by 2 CFR Part 200 and 24 CFR Section 570.502 of the CDBG
Regulations, SUBRECIPIENT shall notify CITY in writing of all personnel authorized
to submit Payment Requests and receive reimbursement checks. All Payment
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e. All records pertaining to the Program subject to this Agreement shall be made
available to CITY upon request.
f. SUBRECIPIENT shall make available for inspection to authorized CITY and HUD
personnel, SUBRECIPIENT' S Records pertaining to the Program and allow those
personnel to inspect and monitor its facilities and Program operations, including the
interview of SUBRECIPIENT' S staff and Program participants as required to enable
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CITY and HUD officials to fulfill their obligations to ensure compliance with all
applicable laws and regulations.
9. REPORTING REQUIREMENTS
a. SUBRECIPIENT shall submit a Quarterly Performance Report to CITY in a format
as prescribed by CITY on the status of the Program and evidence of compliance with
HUD regulations no later than the 15th day of each October, January, April, and July
during the term of this Agreement. If any of those dates fall on a Saturday, Sunday or
other day on which CITY is not generally open for business, then the submittal date
for such Quarterly Performance Report shall be extended to the next following CITY
business day.
b. Said reports shall at a minimum provide sufficient information to assess performance
against the specifications included in Attachment "A." Information shall include, but
not be limited to, the beneficiary statistics specified in Section 8 of this Agreement.
C. SUBRECIPIENT shall submit a cumulative FY 2022-23 Annual Summary Report no
later than July 15, 2023. The Annual Report shall include cumulative beneficiary
statistics and accomplishments from July 1, 2022, through June 30, 2023, and the
status of the Program as of June 30, 2023.
CITY and HUD officials to fulfill their obligations to ensure compliance with all
applicable laws and regulations.
9. REPORTING REQUIREMENTS
a. SUBRECIPIENT shall submit a Quarterly Performance Report to CITY in a format
as prescribed by CITY on the status of the Program and evidence of compliance with
sex, national origin, handicap or familial status, as more specifically set 'forth in 24
CFR Section 570.607 of the CDBG Regulations. During the performance of this
Agreement, SUBRECIPIENT agrees as follows:
i. SUBRECIPIENT shall not discriminate against any employee or applicant for
employment because of race, color, religion, sex, national origin, handicap or
familial status. SUBRECIPIENT shall take affirmative action to ensure that
applicants are employed, and that employees are treated during employment,
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without regard to their race, color, religion, sex, national origin, handicap or
familial status. Such action shall include, but not be limited to the following:
employment, upgrading, demotion or transfer; recruitment or recruitment
advertising; layoff or termination; rates of pay or other forms of compensation;
and selection for training, including apprenticeship. SUBRECIPIENT shall
post in conspicuous places, available to employees and applicants for
employment, notices to be provided by the contracting officer setting forth the
provision of this nondiscrimination clause.
ii. SUBRECIPIENT shall in all solicitations or advertisements for employees
placed by or on behalf of SUBRECIPIENT, state that all qualified applicants
shall receive consideration for employment without regard to race, color,
religion, sex, national origin, handicap or familial status.
iii. SUBRECIPIENT shall send to each labor union or representative of workers
with which it has a collective bargaining Agreement or other contract or
understanding, a notice to be provided by the Contract Compliance Officer
advising said labor union or workers' representatives of SUBRECIPIENT'S
commitment under this Section and shall post copies of the notice in
conspicuous places available to employees and applicants for employment.
iv. SUBRECIPIENT shall comply with all provisions of Executive Order 11246
without regard to their race, color, religion, sex, national origin, handicap or
familial status. Such action shall include, but not be limited to the following:
employment, upgrading, demotion or transfer; recruitment or recruitment
advertising; layoff or termination; rates of pay or other forms of compensation;
and selection for training, including apprenticeship. SUBRECIPIENT shall
post in conspicuous places, available to employees and applicants for
employment, notices to be provided by the contracting officer setting forth the
authorized in Executive Order 11246 of September 24, 1965, or by rule,
regulation, or order of the Secretary of Labor, or as otherwise provided by law.
vii. SUBRECIPIENT shall include the portion of the sentence immediately
preceding Subsection (i) and the provisions of Subsections (i) through (vi) in
every subcontract or purchase order unless exempted by rules, regulations, or
orders of the Secretary of Labor issued pursuant to Section 204 of Executive
Order 11246 of September 24, 1965, so that such provisions shall be binding
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upon each subcontractor or vendor. SUBRECIPIENT shall take such actions
with respect to any subcontract or purchase order as CITY may direct as a
means of enforcing such provisions, including sanctions for noncompliance.
b. SUBRECIPIENT shall refrain from entering into any subcontract subject to Executive
Order 11246 of September 24, 1965, with a subcontractor debarred from, or who has
not demonstrated eligibility for government contracts and Federally -assisted
construction contracts pursuant to said Executive Order and shall carry out such
sanctions and penalties for violations of the equal opportunity clause as may be
imposed upon contractors and subcontractors by the United States Department of
Labor or Secretary of Labor pursuant to Part II, Subpart D of said Executive Order. In
addition, SUBRECIPIENT agrees that, if it fails or refuses to comply with these
undertakings, CITY may take any or all of the following actions: cancel, terminate or
suspend in whole or in part the Subgrant and this Agreement; refrain from extending
any further assistance to SUBRECIPIENT under the CDBG Program with respect to
which the failure or refusal occurred until satisfactory assurance of the future
compliance has been received from such SUBRECIPIENT; and refer the case to the
United States Department of Justice for appropriate legal proceedings.
12. FEDERAL LABOR STANDARDS
SUBRECIPIENT and all subcontractors engaged by SUBRECIPIENT under contracts in
upon each subcontractor or vendor. SUBRECIPIENT shall take such actions
with respect to any subcontract or purchase order as CITY may direct as a
means of enforcing such provisions, including sanctions for noncompliance.
b. SUBRECIPIENT shall refrain from entering into any subcontract subject to Executive
Order 11246 of September 24, 1965, with a subcontractor debarred from, or who has
not demonstrated eligibility for government contracts and Federally -assisted
13. SECTION 3 CLAUSE
This Agreement is subject to the requirements of Section 3 of the Housing and Urban
Development Act of 1968 (12 USC 1701u), as amended, the HUD regulations issued pursuant
thereto at 24 CFR, Subtitle B, Chapter I, Subchapter B, Part 135, and any applicable rules and
orders of HUD issued thereunder prior to the HUD authorization of the Funding Approval.
SUBRECIPIENT shall cause or require said Section 3 Clause to be inserted in full in all
Page 8 of 19
subcontracts for work financed in whole or in part with assistance provided under this
Agreement as follows:
a. The work performed under this Agreement is subject to the requirements of Section 3
of the Housing and Urban Development Act of 1968, as amended [12 U.S.C. 170lu
("Section 3" )]. The purpose of Section 3 is to ensure that employment and other
economic opportunities generated by HUD assistance or HUD -assisted Program
covered by Section 3, shall, to the greatest extent feasible, be directed to Low and Very
Low Income persons, particularly persons who are recipients of HUD assistance for
housing.
b. The parties to this Agreement shall comply with HUD regulations in 24 CFR, Subtitle
B, Chapter I, Subchapter B, Part 135, which implement Section 3. As evidenced by
their execution of this Agreement, the parties to this Agreement certify that they are
under no contractual or other impediment that would prevent them from complying
with the regulations set forth in 24 CFR, Subtitle B, Chapter I, Subchapter B, Part 135.
C. The contractor shall send to each labor organization or representative of workers with
which the contractor has a collective bargaining agreement or other understanding, if
any, a notice advising the labor organization or workers' representative of the
contractor's commitments under this Section 3 clause and shall post copies of the
notice in conspicuous places at the work site where both employees and applicants for
subcontracts for work financed in whole or in part with assistance provided under this
Agreement as follows:
a. The work performed under this Agreement is subject to the requirements of Section 3
of the Housing and Urban Development Act of 1968, as amended [12 U.S.C. 170lu
("Section 3" )]. The purpose of Section 3 is to ensure that employment and other
economic opportunities generated by HUD assistance or HUD -assisted Program
1 • �1 1 11 1 1_1_ 1__ l•____i._1�_T J�7
e. llie contraclor`snall c6ndy`tliat any vacant-empfoytnent positions, mcivaing -traintrig
positions, that are filled (1) after the contractor is selected but before the contract is
executed,. and (2) with persons other than those to whom the regulations of 24 CFR,
Subtitle B, Chapter I, Subchapter B, Part 135 require employment opportunities to be
directed, were not filled to circumvent the contractor's obligations under 24 CFR,
Subtitle B, Chapter I, Subchapter B, Part 135.
Page 9 of 19
f. Noncompliance with HUD' S regulations in 24 CFR, Subtitle B, Chapter I, Subchapter
B, Part 135 may result in sanctions, termination of this contract for default, and
debarment or suspension from future HUD assisted contracts.
14. FLOOD DISASTER PROTECTION
This Agreement is subject to the requirements of the Flood Disaster Protection Act of 1973
(P.L. 93-234). No portion of the assistance provided under this Agreement is approved for
acquisition or construction purposes as defined under Section 3(a) of said Act, for use in an
area identified by the Secretary of HUD as having special flood hazards which is located in a
community not then in compliance with the requirements for participation in the National
Flood Insurance Program pursuant to Section 201(d) of said Act; and the use of any assistance
provided under this Agreement for such acquisition or construction in such identified areas in
communities then participating in the National Flood Insurance Program shall be subject to
the mandatory purchase of flood insurance requirements of Section 102(a) of said Act.
15. LEAD -BASED PAINT
This Agreement is subject to requirements of 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 24 CFR Part 35
f. Noncompliance with HUD' S regulations in 24 CFR, Subtitle B, Chapter I, Subchapter
B, Part 135 may result in sanctions, termination of this contract for default, and
debarment or suspension from future HUD assisted contracts.
14. FLOOD DISASTER PROTECTION
This Agreement is subject to the requirements of the Flood Disaster Protection Act of 1973
and the regulations of the Environmental Protectioh Agericy (`'RYA") with respect thereto, at
40 CFR Part 15, as amended from time to time.
In compliance with said regulations, SUBRECIPIENT shall cause or require to be inserted in
full in all contracts and subcontracts with respect to any non-exempt transaction thereunder
funded with assistance provided under this Agreement, the following requirements:
Page 10 of 19
a. A stipulation by the contractor or subcontractor that any facility to be utilized in the
performance of any non-exempt contract or subcontract is not listed on the List of
Violating Facilities issued by the EPA pursuant to 40 CFR 15.20.
b. Agreement by the contractor to comply with all the requirements of Section 114 of the
Clean Air Act, as amended (42 U.S.C. 1857c-8) and Section 308 of the Federal Water
Pollution Control Act, as amended (33 U.S.C. 1318), relating to inspection,
monitoring, entry, reports, and information, as well as all other requirements specified
in said Section 114 and Section 308, and all regulations and guidelines issued
thereunder.
A stipulation that as a condition for the award of the contract, prompt notice shall be
given of any notification received from the Director, Office of Federal Activities, EPA,
indicating that a facility utilized or to be utilized for the contract is under consideration
to be listed on the EPA List of Violating Facilities.
17. ARCHITECTURAL BARRIERS ACT AND AMERICANS WITH DISABILITIES
ACT
The Architectural Barriers Act of 1968 (42 U.S.C. 4151-4157) requires certain Federal and
Federally funded buildings and other facilities to be designed, constructed, or altered in
accordance with standards that ensure accessibility to, and use by, physically handicapped
a. A stipulation by the contractor or subcontractor that any facility to be utilized in the
performance of any non-exempt contract or subcontract is not listed on the List of
Violating Facilities issued by the EPA pursuant to 40 CFR 15.20.
b. Agreement by the contractor to comply with all the requirements of Section 114 of the
Clean Air Act, as amended (42 U.S.C. 1857c-8) and Section 308 of the Federal Water
Pollution Control Act, as amended (33 U.S.C. 1318), relating to inspection,
facilities, where such removal is readily achievable —that is, easily accomplishable and able
to be carried out without much difficulty or expense.
18. INDEMNIFICATION AND INSURANCE
a. SUBRECIPIENT shall indemnify, protect, defend and hold harmless CITY, its
officers, agents and employees from and against any and all claims, losses, liabilities,
damages, obligations, demands, litigation, judgments, suits, proceedings, costs,
Page 11 of 19
disbursements or expenses, including without limitation, attorneys' and experts' fees
and disbursements, of any kind or of any nature whatsoever which may at any time be
imposed upon, incurred by or asserted or awarded against CITY and arising out of or
resulting from this Agreement, caused in whole or in part by any negligent act or
omission of SUBRECIPIENT, its employees, representatives, subcontractors, or
anyone for whom SUBRECIPIENT is legally liable in connection with the
performance of this Agreement. Without limiting SUBRECIPIENT'S
indemnification, SUBRECIPIENT shall maintain in force at all times during the
performance of this Agreement a policy or policies of insurance covering its
operations. Certificates evidencing the maintenance of SUBRECIPIENT'S insurance
coverage shall be filed with CITY and approved by the City Attorney on or before the
Effective Date of this Agreement, and CITY shall be given notice in writing at least
thirty (30) days in advance of cancellation of any policy, except in the event of non-
payment of premium, in which case ten (10) days' notice will be acceptable.
i. General Liability. Such policy shall include, but is not limited to contractual
liability, public liability, and property damage coverage. This policy's single
limit liability amount shall not be less than One Million Dollars ($1,000,000).
CITY its officers, agents, and employees shall be named as additional insureds
and such insurance shall represent primary insurance not contributing to any
insurance issued to CITY.
ii. Automobile. If motor vehicles are used in performing services hereunder,
automobile insurance coverage must be obtained with not less than Five
Hundred Thousand Dollars ($500,000) single limit liability. CITY its officers,
agents, and employees shall be named as additional insureds and such
insurance shall be primary and not contributing to any insurance CITY may
have.
iii. Workers' Compensation. SUBRECIPIENT shall carry workers' compensation
insurance as required by law for the. protection of its employees.
SUBRECIPIENT understands that it is not entitled to any workers'
compensation benefits under any CITY program.
iv. Property Damage Insurance. For any construction activities for which
SUBRECIPIENT receives Subgrant funding, SUBRECIPIENT shall take out
and maintain, or shall cause its contractor(s) to take out and maintain a
builder's "all risk" policy of insurance in an amount not less than the completed
value of the improvements to be constructed on a replacement cost basis or an
"all risk" basis, including materials in storage and while in transit and extended
coverage, vandalism and malicious mischief.
V. Performance Bond for Construction Activities. Pursuant to the requirements
regarding performance bonding for construction contracts financed in whole
or in part with CDBG funds set forth under 2 CFR Part 200 SUBRECIPIENT
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shall secure appropriate bid and performance bonds for any construction work
undertaken as part of performance under this Agreement in excess of $25,000,
copies of which shall be delivered to CITY upon request.
Certificates evidencing the maintenance of SUBRECIPIENT'S insurance
coverage shall be filed with CITY and approved by the City Attorney on or
before the Effective Date of this Agreement, and CITY shall be given notice
in writing at least thirty (30) days in advance of cancellation of any policy,
except in the event of non-payment of premium, in which case ten (10) days'
notice will be acceptable.
b. The obligations of indemnity set forth in this Agreement shall survive the expiration
or earlier termination of this Agreement.
19. ASSIGNMENT
This Agreement is not assignable by SUBRECIPIENT without the express prior written
consent of CITY, which consent may be given or withheld in CITY'S sole and absolute
discretion. Any attempt by SUBRECIPIENT to assign any performance of the terms of this
Agreement shall be null and void and shall constitute a material breach of this Agreement
upon which CITY may, among its other remedies, and without limitation, cancel, terminate,
or suspend this Agreement.
shall secure appropriate bid and performance bonds for any construction work
undertaken as part of performance under this Agreement in excess of $25,000,
copies of which shall be delivered to CITY upon request.
Certificates evidencing the maintenance of SUBRECIPIENT'S insurance
coverage shall be filed with CITY and approved by the City Attorney on or
before the Effective Date of this Agreement, and CITY shall be given notice
CITY may, in its discretion, amend this'Xir ement to*conforrn with V66ral, State or focal
governmental guidelines, policies, available funding amounts, budget modifications or for
other reasons. If such an amendment results in a change in the funding, scope of services or
schedule of the activities to be undertaken as part of this Agreement, such modifications shall
be incorporated only by written amendment signed by both CITY and SUBRECIPIENT and
approved by the City Council.
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The City Manager is authorized to modify the budget of this Agreement in the form of a
written amendment hereto for the movement of funds within the budget categories identified
in Attachment "A" on behalf of CITY, when such modifications:
a. Do not exceed ten percent (10%) of the funds provided pursuant to this Agreement;
d. Are specifically requested by SUBRECIPIENT or CITY in writing prior to January 7,
2023;
C. Do not alter the total amount of funds provided under this Agreement;
d. Will not change the Program goals or scope of services;
e. Are in the best interests of CITY, HUD and SUBRECIPIENT in performing the scope
of services under this Agreement;
f. If related to salaries, are in accordance with any applicable salary ordinances or laws;
and
g. Do not exceed two (2) requests for budget amendments/modifications during the
Program Year.
The City Manager is authorized to modify the budget of this Agreement in the form of a
written amendment hereto for the movement of funds within the budget categories identified
in Attachment "A" on behalf of CITY, when such modifications:
a. Do not exceed ten percent (10%) of the funds provided pursuant to this Agreement;
d. Are specifically requested by SUBRECIPIENT or CITY in writing prior to January 7,
No dxpenaabie property snail mciucie tangible personal property, mcivamg out not
limited to office equipment, and real property or any interest in such real property,
including any mortgage or other encumbrance of real property as well as any funds
derived from the sale or disposition of nonexpendable property.
b. Real property acquired by SUBRECIPIENT from funds made available by this
Agreement shall be used solely for the purposes set forth in this Agreement. Should
SUBRECIPIENT or its successors at any time abandon the use of said property or fail
Page 14 of 19
at any time to use the same for the purposes hereinafter required, CITY shall have the
right to take possession of said property and all right, title and interest of
SUBRECIPIENT in and to said property shall cease and terminate. A restriction
stating the above in a form acceptable to the City Attorney shall be placed on said
property deed at the time of acquisition by SUBRECIPIENT. SUBRECIPIENT shall
on demand execute and deliver to CITY a deed to said property and such other
instruments as CITY may deem necessary and appropriate to give effect to this
Subsection. No real property shall be acquired by deed or lease without the prior
written approval of CITY.
C. Property acquired in whole or in part with funds provided pursuant to this Agreement
shall be managed in accordance with the applicable provisions of 2 CFR Part 200, and
any amendments thereto that might become effective during the term of this
Agreement. SUBRECIPIENT shall obtain three (3) written and documented bids prior
to purchasing or leasing any nonexpendable personal property described in
Attachment "A." SUBRECIPIENT must purchase or lease from the lowest
responsible bidder. All nonexpendable property purchased or leased pursuant to this
Agreement shall be properly identified and inventoried and shall be charged at its
actual price, deducting all cash discounts, rebates and allowances received by
SUBRECIPIENT. This inventory shall be provided to CITY upon request.
d. Real property shall be acquired in accordance with the Uniform Relocation Assistance
at any time to use the same for the purposes hereinafter required, CITY shall have the
right to take possession of said property and all right, title and interest of
SUBRECIPIENT in and to said property shall cease and terminate. A restriction
stating the above in a form acceptable to the City Attorney shall be placed on said
property deed at the time of acquisition by SUBRECIPIENT. SUBRECIPIENT shall
on demand execute and deliver to CITY a deed to said property and such other
instruments as CITY may deem necessary and appropriate to give effect to this
a. Publishing a statement notifying employees that the unlawful manufacture,
distribution, dispensing, possession, or use of a controlled substance is prohibited in
SUBRECIPIENT'S workplace and specifying the actions that shall be taken against
employees for violation of such prohibition;
b. Establishing an ongoing drug -free awareness program to inform employees about:
Page 15 of 19
i. The dangers of drug abuse in the workplace;
I SUBRECIPIENT'S policy of maintaining a drug -free workplace;
iii. Any available drug counseling, rehabilitation, and employee assistance
programs; and
iv. The penalties that may be imposed upon employees for drug abuse violations
occurring in the workplace;
C. Making it a requirement that each employee to be engaged in the performance of the
Agreement be given a copy of the statement required by Subsection 26(a);
d. Notifying the employee in the statement required by Subsection 26(a) that, as a
condition of employment under the Agreement, the employee shall:
i. Abide by the terms of the statement; and
ii. Notify the employer in writing of his or her conviction for a violation of a
criminal drug statute occurring in the workplace no later than five calendar
days after such conviction;
i. The dangers of drug abuse in the workplace;
I SUBRECIPIENT'S policy of maintaining a drug -free workplace;
iii. Any available drug counseling, rehabilitation, and employee assistance
programs; and
or rehabilitation program approved for such purposes by a teaeral, State, or
local health, law enforcement, or other appropriate Department;
g. Making a good faith effort to continue to maintain a drug -free workplace through
implementation of Subsections 26(a), 26(b), 26(c), 26(d), 26(e), and 26(f).
Page 16 of 19
27. DRUG -FREE WORKPLACE CERTIFICATION
a. By signing this Agreement, SUBRECIPIENT is providing the certification set out in
Section 26.
b. The certification set out in Section 26 is a material representation of fact upon which
reliance is placed when CITY awards the Subgrant. If it is later determined that
SUBRECIPIENT knowingly rendered a false certification, or otherwise violates the
requirements of the Drug -Free Workplace Act, CITY may take action authorized
under the Drug -Free Workplace Act.
C. If the workplace(s) identified to CITY changes during the performance of this
Agreement, SUBRECIPIENT shall inform CITY of the change(s).
d. SUBRECIPIENT has provided the site(s) in Attachment "A" for the performance of
work done in connection with this Agreement.
e. Definitions of terms in the Nonprocurement Suspension and Debarment common rule
and Drug -Free Workplace common rule apply to this certification.
SUBRECIPIENT'S attention is called, in particular, to the following definitions from
these rules:
27. DRUG -FREE WORKPLACE CERTIFICATION
a. By signing this Agreement, SUBRECIPIENT is providing the certification set out in
Section 26.
b. The certification set out in Section 26 is a material representation of fact upon which
reliance is placed when CITY awards the Subgrant. If it is later determined that
anew-io are not' on SUBRIJCIPIENT'S payroll.
28. ANTI -LOBBYING
By signing this Agreement, SUBRECIPIENT is providing the certification set out in this
Section that:
Page 17 of 19
a. No Federal appropriated funds have been paid or shall be paid, by or on behalf of
SUBRECIPIENT, to any person for influencing or attempting to influence an officer
or employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with the awarding
of any federal contract, the making of any Federal grant, the making of any Federal
loan, the entering into of any cooperative Agreement, and the extension, continuation,
renewal, amendment, or modification of any Federal contract, grant, loan, or
cooperative Agreement;
b. If any funds other than Federal appropriated funds have been paid or shall 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, it shall complete and submit Standard Form LLL, "Disclosure
of Lobbying Activities," in accordance with its instructions; and
C. This language on anti -lobbying of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and
contracts under grants, loans, and cooperative Agreements) and that all subrecipients
shall certify and disclose accordingly.
29. SUCCESSORS
a. No Federal appropriated funds have been paid or shall be paid, by or on behalf of
SUBRECIPIENT, to any person for influencing or attempting to influence an officer
or employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with the awarding
of any federal contract, the making of any Federal grant, the making of any Federal
loan, the entering into of any cooperative Agreement, and the extension, continuation,
renewal, amendment, or modification of any Federal contract, grant, loan, or
aUJUHE ;lYlj;1V'1': rriendfy center, Inc.
P.O. Box 706
Orange, CA 92856
[SIGNATURES ON FOLLOWING PAGE.]
Page 18 of 19
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and
year first above written.
"SUBRECIPIENT"
FRIENDLY CENTER, INC.
"CITY"
CITY OF ORANGE
By: �--/4By:
Cathy Seelig
President
Rob Houston
City Manager
APPROVED AS TO FORM:
II,_ /IL.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and
year first above written.
"SUBRECIPIENT" "CITY"
FRIENDLY CENTER, INC. CITY OF ORANGE
resolution as authorized to enter into this Agreement. A copy of the corporate
resolution, certified by the Secretary close in time to the execution of the Agreement,
must be provided to CITY with the executed Agreement.
Page 19 of 19
FY 2022-23
CITY OF ORANGE
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
Subrecipient Agreement
I. Nonprofit Organization
• Nonprofit Name:
• Director:
• Contact Person:
• Title:
• Extension:
• E-mail:
2. Project/Program Title:
3. Project/Program Location:
4. Funding Period:
5. CDBG Funds Amount:
6. Funding Summary:
ATTACHMENT "A"
Friendly Center, Inc.
Cathy Seelig
Jessica Ruelas
Director of Programs
714-771-5300 x 136
Jessica@friendlycenter.org
Community Food Orange
147 W. Rose Avenue, Orange 92867
July 1, 2022 - June 30, 2023
$14,655
FY 2022-23
CITY OF ORANGE
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
Subrecipient Agreement
ATTACHMENT "A"
1. Nonprofit Organization
• Nonprofit Name: Friendly Center, Inc.
• Director: Cathy Seelig
Community Food — Orange is a completely free food distribution program for low-income
families and individuals in the City of Orange. Recipients receive bread, dairy, meat, and
produce through multiple distributions. The program offers a safety net for qualifying low-
income families and individuals to ensure that food is in the home and children do not go hungry.
Attachment "A'
Page 1 of 2
Tlm:olthc���•.,;w.�",�+.�'�•a �,,.,����.�.;`�`,,
�jReimbur�ed�Gx endituresS•._�!.�!�`���,
1— 2022
$3,663.75
2 — 2022
_... $3,663.75
3—_2023. _
$3,633.75
_ 4 -_2023 _
_. .
$3,633.75
8. Estimated Accomplishments and estimated timelines:
Describe planned ;goals and accomplishniei ts...
ji
L'ersons Served`" �thi4 k }
.�;CDBC�`
Q 1— 2022
Providing nutritious food to 100 LMI Persons
_ 200
Q2 — 2022
Providing nutritious food to 150 LMI Persons
125
Q3 — 2023
Providing nutritious food to 125 LMI'Persons
125
Q4 - 2023
Providing nutritious food to 125 LMI Persons
We expect to provide 400 unduplicated individuals nutritious food through multiple Community
Food Orange distributions. While the service number is unduplicated, the community can access
food as often as needed. Staff hours attributable to the CDBG funds are 25 per week.
9, Beneficiary Information
For programs that will serve specific areas, provide the following documentation. Attach a map
(Attachment "A" —Exhibit 1) showing the location of the program and the boundaries of the service
Tlm:olthc���•.,;w.�",�+.�'�•a �,,.,����.�.;`�`,,
�jReimbur�ed�Gx endituresS•._�!.�!�`���,
1— 2022
$3,663.75
2 — 2022
_... $3,663.75
3—_2023. _
$3,633.75
_ 4 -_2023 _
_. .
$3,633.75
8. Estimated Accomplishments and estimated timelines:
Attachment "A"
Page 2 of 2