AGR-6014.I - FAIR HOUSING FOUNDATIONgiVAIt,
ref
FY 2022-23
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 CITY OF ORANGE, a municipal corporation ("CITY"), and FAIR
HOUSING FOUNDATION,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 B-
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
WHEREAS, pursuant to the provisions of California Government Code Section 53703, the
City Council of CITY desires to grant a portion of the CDBG funds allocated to CITY by HUD
Subgrant")to SUBRECIPIENT for the purpose of the Orange Fair Housing Program as set forth in
CITY'S FY 2022-23 Annual Action Plan, and as more particularly described in Attachment "A"
attached hereto and made a part hereof by this reference (the"Program").
WHEREAS, SUBRECIPIENT has provided Attachment "A" that describes in appropriate
detail the Program consisting of the following components:
a. The Program's name, description, and location;
b. The scope of work to be accomplished under this Agreement;
c. The Program's performance schedule; and
d. A budget detailing specific costs by category (i.e., Personnel Services, Miscellaneous
Program Costs, and Capital Outlay/Construction Costs).
This Agreement shall be used exclusively for the purpose of implementing the Program
described in Attachment"A"; and
WHEREAS,a total Subgrant of$24,522 was approved by the City Council on June 14, 2022,
through the adoption of 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:
1. 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.99
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
found at 24 Code of Federal Regulations ("CFR"), Subtitle B, Chapter V, Subchapter
C, Part 570 ("CDBG Regulations") and as further specified in other parts of this
Agreement. All services provided hereunder shall conform to all Federal, State and
local laws, rules and regulations.
2. SUSPENSION AND TERMINATION
In accordance with the requirements of the CDBG Regulations and 2 CFR,Subtitle A,Chapter
II,Part 200 (OMB Super Circular) and other applicable provisions of this Agreement, CITY,
acting through its City Manager, may, in its sole discretion, suspend or terminate this
Agreement if SUBRECIPIENT materially fails to comply with any term or provision of this
Agreement. Upon receipt of notice, SUBRECIPIENT shall immediately cease the rendition
of services and the expenditure of any funds, unless the notice provides otherwise.
3. TIME OF COMPLETION
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.
Page 2 of 19
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
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
By its signature below, SUBRECIPIENT shall comply with all of the requirements of Subpart
J of the CDBG Regulations and to adhere to all applicable grant administration requirements
established therein.
To the extent not required under the regulatory references cited above, SUBRECIPIENT shall
maintain all Program administration and financial records that CITY is obligated to maintain
by HUD by virtue of its status as a subrecipient of CDBG funds under 24 CFR Section 570.506
of the CDBG Regulations.
SUBRECIPIENT shall comply with the provisions of Subpart K of the CDBG Regulations
that are applicable to the Program approved under this Agreement.
SUBRECIPIENT shall comply with all requirements of the Office of Management and Budget
OMB") guidance on Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards (2 CFR Part 200).
Page 3 of 19
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."
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.
c. Documentation of Requests for Payment:
All Requests for Payment shall be accompanied by the following supporting
documentation:
i.Verification of all items for which payment is being requested (e.g., copies of
receipts,invoices,payroll records and canceled checks paid for Program costs);
and
ii. A budget status report showing the line item budget, previously submitted
expense(s),the expense(s)for which reimbursement is sought,and the balance
of each line item; and
iii. Verification of the number of Program beneficiaries served during the billing
period including CITY and non-CITY residents.
Page 4 of 19
d. CITY shall review each completed Payment Request and agrees to pay all such
requests as quickly as practicable, generally within thirty 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
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 by 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 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
least 51 percent of the clientele are persons whose family income does not exceed the
Low and Moderate Income Limits published by HUD.
c. SUBRECIPIENT shall maintain detailed records in a format prescribed by CITY to
demonstrate compliance with the CDBG Regulations. Said records shall include a
description of the benefit provided, the total number of Program beneficiaries, and
demographic data for each beneficiary including, but not limited to: household size;
annual gross household income; income category (i.e., Extremely Low, Low,
Moderate, or Above Moderate); household type (i.e., Elderly, Family, or Disabled);
Ethnicity; Race and Female Head of Household designation, if applicable.
d. All records pertaining to the Program subject to this Agreement shall be maintained
by SUBRECIPIENT for a period of five (5) years from the Effective Date of this
Agreement or from the date of earlier termination of this Agreement,unless otherwise
directed by CITY.
Page 5 of 19
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
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.
10. CONFLICT OF INTEREST
No member, officer, or employee of SUBRECIPIENT, or its designees or agents, who
exercises any functions or responsibility with respect to SUBRECIPIENT during his or her
tenure or for one (1)year thereafter, shall have any interest, direct or indirect, in any contract
or subcontract, or the proceeds thereof, for work to be performed in connection with the
Subgrant of funds made under this Agreement. SUBRECIPIENT shall incorporate, or cause
to be incorporated, in all subcontracts a provision prohibiting such interest pursuant to the
purposes of this Section 10. Exceptions to this provision may only be granted by HUD upon
the written request of SUBRECIPIENT submitted to CITY.
11. ANTI-DISCRIMINATION PROVISIONS
a. SUBRECIPIENT shall not employ discriminatory practices in providing services,
employment of personnel, or in any other respect on the basis of race, color, religion,
sex, national origin, handicap or familial status, as more specifically set forth in 24
Page 6 of 19
CFR Section 570.607 of the CDBG Regulations. During the performance of this
Agreement, SUBRECIPIENT agrees as follows:
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,
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
of September 24, 1965, and of the rules, regulations and relevant orders of the
Secretary of Labor.
v. SUBRECIPIENT shall furnish all information and reports required by
Executive Order 11246 of September 24, 1965, and by the rules, regulations,
and orders of the Secretary of Labor, or pursuant thereto, and shall permit
access to its books, records, and accounts by the Department of Labor and the
Secretary of Labor for purposes of investigation to ascertain compliance with
such rules, regulations, and orders.
vi. In the event of SUBRECIPIENT'S noncompliance with the nondiscrimination
clauses of this Agreement or with any of such rules,regulations, or orders,this
Agreement may be canceled, terminated or suspended in whole or in part and
SUBRECIPIENT may be declared ineligible for further government contracts
or Federally-assisted construction contracts in accordance with procedures
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.
Page 7 of 19
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
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
excess of$2,000 for the construction, completion or repair of any building or work financed
in whole or in part with assistance provided under this Agreement, shall comply with HUD
requirements pertaining to such contracts and the applicable requirements of the regulations
of the United States Department of Labor under 29 CFR Parts 3, 5 and 5a, governing the
payment of wages and the ratio of apprentices and trainees to journeymen; provided, that if
wage rates higher than those required under such regulations are imposed by State or local
law, nothing hereunder is intended to relieve SUBRECIPIENT of its obligations, if any, to
require payment of the higher rates. SUBRECIPIENT shall cause or require to be inserted in
full, in all such contracts subject to such regulations, provisions meeting the requirements of
the Federal Labor Standards. In order to ensure compliance with said standards,
SUBRECIPIENT shall obtain necessary specifications from an authorized representative of
the Community Development Department of CITY prior to soliciting bids for said
construction. No award of the contracts covered under this Section of the Agreement shall be
made to any contractor who is at the time ineligible under the provisions of any applicable
regulations of the United States Department of Labor to receive an award of such contract.
Page 8 of 19
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
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. 170Iu
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
training and employment positions can see the notice. The notice shall describe the
Section 3 preference, shall set forth minimum number and job titles subject to hire,
availability of apprenticeship and training positions, the qualifications for each; and
the name and location of the person(s) taking applications for each of the positions;
and the anticipated date the work shall begin.
d. The contractor shall include this Section 3 clause in every subcontract subject to
compliance with regulations in 24 CFR, Subtitle B, Chapter I, Subchapter B, Part 135
and shall take appropriate action, as provided in an applicable provision of the
subcontract or in this Section 3 clause, upon a finding that the subcontractor is in
violation of the regulations in 24 CFR, Subtitle B, Chapter I, Subchapter B, Part 135.
The contractor shall not subcontract with any subcontractor where the contractor has
notice or knowledge that the subcontractor has been found in violation of the
regulations in 24 CFR Subtitle B, Chapter I, Subchapter B, Part 135.
e. The contractor shall certify that any vacant employment positions, including training
positions, that are filled (1) after the contractor is selected but before the contract is
Page 9 of 19
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.
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
In compliance with said regulations, SUBRECIPIENT shall with respect to
SUBRECIPIENT'S property or any property to be acquired or improved by SUBRECIPIENT
under this Agreement:
a. Notify occupants about the existence of these hazards so that they can take proper
precautions;
b. Identify lead-based paint hazards; and
c. Control lead-based paint hazards to limit lead exposure to residents.
16. COMPLIANCE WITH AIR AND WATER ACTS
This Agreement is subject to the requirements of the Clean Air Act, as amended (42 U.S.C.
1857 et seq.), the Federal Water Pollution Control Act, as amended(33 U.S.C. 1251 et seq.),
and the regulations of the Environmental Protection Agency ("EPA") with respect thereto, at
40 CFR Part 15, as amended from time to time.
Page 10 of 19
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:
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.
c. 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
people. A building or facility designed, constructed or altered with funds allocated or
reallocated under this part after December 11, 1995, and that meets the definition of
residential structure" as defined in 24 CFR 40.2 or the definition of"building"as defined in
41 CFR 101-19.602(a) is subject to the requirements of the Architectural Barriers Act of 1968
42 U.S.C. 4151-4157) and shall comply with the Uniform Federal Accessibility Standards
Appendix A to 24 CFR Part 40 for residential structures, and Appendix A to 41 CFR Part
101-19, subpart 101-19.6, for general type buildings).
The Americans with Disabilities Act (42 U.S.C. 12131; 47 U.S.C. 155.201, 218 and 225)
ADA") provides comprehensive civil rights to individuals with disabilities in the areas of
employment, public accommodations, State and local government services, and
telecommunications. It further provides that discrimination includes a failure to design and
construct facilities for first occupancy after January 26, 1993, that are readily accessible to
and usable by individuals with disabilities. Further, the ADA requires the removal of
architectural barriers and communication barriers that are structural in nature in existing
facilities, where such removal is readily achievable—that is, easily accomplishable and able
to be carried out without much difficulty or expense.
Page 11 of 19
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,
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.
Page 12 of 19
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
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.
20. ALTERATION
No modification, amendment, supplement, alteration or variation in the terms of this
Agreement shall be valid unless made in writing and signed by the parties hereto.
21. TIME OF PERFORMANCE AND MODIFICATION; BUDGET MODIFICATION;
SCOPE OF WORK MODIFICATION
CITY or SUBRECIPIENT may amend this Agreement at any time provided that such
amendments make specific reference to this Agreement and are executed in writing, signed
by a duly authorized representative of both parties. Such amendments shall not invalidate this
Agreement, nor relieve or release CITY or SUBRECIPIENT from its obligations under this
Agreement.
CITY may, in its discretion, amend this Agreement to conform with Federal, State or local
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.
Page 13 of 19
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.
22. WAIVER
CITY'S waiver of any default, breach or condition precedent shall not be construed as a
waiver on the part of CITY of any other default, breach or condition precedent, or any other
right hereunder.
23. PROPERTY OWNERSHIP AND PROCUREMENT
a. Upon the expiration or earlier termination of this Agreement or in the event this
Agreement is not fully performed to the satisfaction of CITY, any and all
nonexpendable furnishings, equipment or other personal property having a useful life
of more than one(1)year and a purchase price of three hundred dollars ($300)or more
purchased with any funds provided pursuant to this Agreement and not consumed in
the performance of this Agreement shall become the property of CITY. Such property
shall be delivered to CITY upon written notification by CITY to SUBRECIPIENT.
Nonexpendable property shall include tangible personal property, including but 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 set forth under 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
and Real Property Acquisition Policies Act(42 USC4601).
24. OTHER REQUIREMENTS
SUBRECIPIENT shall comply with all applicable CITY,State, or other governmental agency
regulations and requirements, including but not limited to issuance of building permits, use
permits, and variances.
25. STATUS OF SUBRECIPIENT
SUBRECIPIENT and the agents and employees of SUBRECIPIENT in the performance of
this Agreement shall act in an independent capacity and not as officers or employees or agents
of CITY.
26. SUBRECIPIENT SHALL PROVIDE A DRUG-FREE WORKPLACE BY:
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:
i.The dangers of drug abuse in the workplace;
Page 15 of 19
ii. 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;
e. Notifying CITY in writing, within ten calendar days after receiving notice under
Subsection 26(d) from an employee or otherwise receiving actual notice of such
conviction. Employers of convicted employees must provide notice, including
position title, to every Subgrant officer or other designee on whose Subgrant activity
the convicted employee was working, unless CITY has designated a central point for
the receipt of such notices;
f.Taking one of the following actions,within 30 calendar days of receiving notice under
Subsection 26(d), with respect to any employee who is so convicted:
i.Taking appropriate personnel action against such an employee, up to and
including termination, consistent with the requirements of the Rehabilitation
Act of 1973, as amended; or
ii. Requiring such employee 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 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).
27. DRUG-FREE WORKPLACE CERTIFICATION
a. By signing this Agreement, SUBRECIPIENT is providing the certification set out in
Section 26.
Page 16 of 19
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:
Controlled substance" means a controlled substance in Schedules I through V of the
Controlled Substances Act (21 U.S.C.812) and as further defined by regulation (21
CFR 1308.11 through 1308.15);
Conviction" means a finding of guilt (including a plea of nolo contendre) or
imposition of sentence, or both, by any judicial body charged with the responsibility
to determine violations of the Federal_or State criminal drug statutes;
Criminal drug statute" means a Federal or non-federal criminal statute involving the
manufacture, distribution, dispensing, use, or possession of any controlled substance;
Employee" means the employee of SUBRECIPIENT directly engaged in the
performance of work under this Agreement, including: (i) all "direct charge"
employees; (ii) all "indirect charge" employees; and (iii) temporary personnel and
consultants who are directly engaged in the performance of work under this Agreement
and who are not on SUBRECIPIENT'S payroll.
28. ANTI-LOBBYING
By signing this Agreement, SUBRECIPIENT is providing the certification set out in this
Section that:
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,
Page 17 of 19
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
This Agreement shall be binding upon and inure to the successors in interest of CITY and
SUBRECIPIENT in the same manner as if such party had been expressly named hereinafter.
30. NOTICE
All notices and communications between the parties shall be addressed as follows:
NOTICE TO Jessica Herrera,Administrative Analyst II
CITY: City of Orange
Community Development Department
300 East Chapman Avenue
Orange, CA 92866-1506
NOTICE TO Stella Verdeja,Executive Director
SUBRECIPIENT: Fair Housing Foundation
3605 Long Beach Boulevard, Suite 302
Long Beach, CA 90807
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" CITY"
FAIR HOUSING FOUNDATION CITY OF ORANGE
By: By:
S a Verdeja Rob Houston
s E cu ive Director City Manager
By.
onnie Haynes
Chair
APPROVED AS TO FORM:
By: 6UaAA4 1/l_/
Mary E. ning
Senior Assistant City Atto ey
NOTE:CITYrequires the following signature(s) on behalf of SUBRECIPIENT:
A. (1) the Chairman of the Board, the President or a Vice-President, AND (2) the
Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary or an
Assistant Treasurer. If only one corporate officer exists or one corporate officer holds
more than one corporate office,please so indicate. OR
B. The corporate officer, Executive Director, or other person named in a corporate
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
CITY OF ORANGE
FY 2022-23
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
SUBRECIPIENT AGREEMENT
ATTACHMENT "A"
1. Subrecipient Agency
Name: Fair Housing Foundation
Executive Director: Stella Verdeja
Address: 3605 Long Beach Blvd.,#302
Long Beach,CA 90807
Telephone Number: 562-989-1206 x 1100
E-Mail Address: sverdaja@fhfca.org
2. Program/Project Title:
Fair Housing Program
3. Program/Project Address(es): 3605 Long Beach Blvd.,#302
Long Beach,CA 90807
1855 W.Katella Avenue#355
Orange, CA 92867
4. CDBG Funds Amount: 24, 522
5. Funding Period: July 1,2022—June 30,2023
6. Funding Summary:
Total
tootCity of Orange Program/Project
4 Other Funding,CDBG Budget
2`°'k ' Cost Category' Sources g
i Subgrant All Funding
Personnel Services
Salaries, benefits, etc.) 16,582 293,146 309,728
Miscellaneous Program Costs
Office supplies,program materials,professional
services, etc.) 7,940 140,333 148,273
Capital Outlay
Property acquisition, construction costs, etc.) $ 0 0 0
TOTAL 24,522 433,479 458,001
7. Activity Summary:
Describe project/program for which CDBG funds will be used.
The Fair Housing Program includes:
1) Fair Housing Discrimination Complaint Intake, Investigation, and Resolution
2) Education and Outreach activities to educate consumers through tenant workshops,
booths, and presentations, educate housing providers through landlord workshops,
management trainings, and realtor trainings, and provide City services.
Page 1 of 3
3) Landlord Tenant Counseling, referrals, mediation, unlawful detainer assistance, and
client resolutions.
4) Activities to Affirmatively Further Fair Housing Activities.
Reimbursed``Expenditures .
Q1 —2022 6,130.50
Q2—2022 6,130.50
Q3—2023 6,130.50
Q4-2023 6,130.50
8. Estimated Accomplishments:
Describe planned accomplishments.
PROGRAM OBJECTIVES GOALS
Total Unduplicated Households: 150
Discrimination Services
Fair Housing Inquiries 12
Bonafide Fair Housing Cases 4
Landlord&Tenant Services
Landlord and Tenant Counseling 134
Education & Outreach Services—In City Limits
Persons Directly Assisted at Activities 600+
Advertising:
PSA's Announcing Activities on City Cable 4
Flyers Announcing Activities (100 each)4
Booths 2
Community Relations:
Community Agency Contacts 5
Community Agency Meetings 5
Literature Distribution 5,000
Presentations 5
Workshops:
Fair Housing Workshops 4
City Staff 1
tEducation&Outreach Services:.-All City" ,"
Public Service Announcement 25
Paid Advertisements 6
Newsletter 4
Poster Contest and Reception 1
Tester Training 4
Page 2 of 3
rpt Est #LMI Persons
Timeline;'. Milestone, ..x= N.„ :.Served with'CDBG funds
Q 1 —2022 Fair Housing—Discrimination Services
Landlord and Tenant Counseling
Education and Outreach 188
Q2—2022 Fair Housing—Discrimination Services
Landlord and Tenant Counseling
Education and Outreach 188
Q3—2023 Fair Housing—Discrimination Services
Landlord and Tenant Counseling
Education and Outreach 189
Q4—2023 Fair Housing—Discrimination Services
Landlord and Tenant Counseling
Education and Outreach 189
9. Beneficiaries:
Describe procedures used to determine income eligibility ofproject/program participants.
FHF obtains total household income and total number of persons in the household from each
client receiving direct client services. This information is a required field and entered into
our Case Management Database. FHF updates the annual HUD income standards in the
back end of the database annually. The front end of the database has the required fields of
county, household size, and household income. Once completed, the income level is
automatically calculated and reflected accordingly.
For direct client services of General Housing (Landlord/Tenant), this information, is simply
maintained and taken as factual. For every client that FHF opens a bonafide fair housing
case, a narrative of the income information provided by the client is included in the
Complaint Narrative. The Complaint Narrative is a declaration of the alleged
discrimination as well as the income information provided. The client is required to review
and sign the Complaint Narrative as complete and accurate. If required, FHF will request
and provide supporting documents.
Provide the proposed number of households that the project/program will serve from July 1, 2022
through June 30, 2023
Lower #Moderate #
Above
Beneficiaries Moderate Total
Income Income
Households Served) Income Households
Households Households
Households
Orange Households 126 18 6 150
Non-Orange Households 0 0 0 0
Total Households 126 18 6 150
Page 3 of 3