HomeMy WebLinkAboutAGR-7207 - ASSISTANCE LEAGUE OF ORANGE - 2021-22 CDBG SUBRECIPIENT OPERATION SCHOOL BELLoE: A,t-7ab7
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SUBl ECIPIENT AGREEMENT
THIS COMMIJIVITY DEVELOPMENT BL CK GRANT PROGRAM SUBRECIPIENT
AGREEIVIENT("Agreement") is entered into as of July 1,2021 (the"Effective Date"),by and between the
CITY OF ORANGE, a inunicipal corporation (Iiereinafter referred to as the "C1TY"), and ASSISTANCE
LEAGUE OF ORANGE, a California nonprofit corparation (hereinafter refened to as the
SUBRECIPIENT"),with reference to the following:
RECITALS
WI-IEREAS, CITY receives CommuniTy Development Block Grant (hereinafter refened to as
CDBG") funding from the United States Department of Housing and Urban Development (hereinafter
refened to as"HUD")under Grant Number B-21 MC-06-0507;and
VHEREAS, the CDBG Program is listed in the Catalog of Federal Domesric Assistance (CFDA)
under CFDA Number 14.218;and
WHEREAS, pursuant to the provisions of California Governxnent Code Section 53703, the City
Council of the CITY desires to grant a portion (hereinafter referred to as "SubgranY') of the CDBG funds
allocated to the CITY by HUD to the SUBRECIPIENT for the purpose of the Operation School Bell
Program as set forth in the CTTY'S FY 2021-22 Annual Action Plan, and as more particularly described in
Attachment "A" attached hereto and made a part hereof by this reference (hereinafter refened to as the
Program").
WHEREAS,the SUBRECIPIEN'T 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 and expenditure schedule;and
d. A budget detailing specific costs by category(i.e.,Personnel Services,Miscellaneous Program
Costs,and Capital Outlay/Construction Costs).
Agreement shall be used exclusively for the purpose of implementing the Pragram described in
Attachment"A";and
WHEREAS, a total Subgrant of $13,770 was approved by the City Council on May 11, 2021
through the adoption of the City's FY 2021-22 budget;and
WHEREAS,the SUBRECIPIENT agrees to expend the Subgrant within a time period not exceeding
twelve (12) consecutive months following the Effective Date of this Agreement. E ctension of this time
period is at the discretion of the CITY and may onlv be granted by mutual consent of both parties in writing;
and
W IEREAS, tlie SUBRECIPIENT is a California nonprofit corporation, duly organized and in.good
standing under the laws of the State af California;and
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WHEREAS, the 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 f.GREED AS FOLLOWS:
1. USE OF FUNDS
a. %The SUBRECIPIENT shall use all funds provided pursuant to this Agreement exclusively
for the purpose of implementing its agproved Pragram as described in Attachment"A".
b. No fiznds provided by the CITY under this Agreement to the SUBRECIPIENT shall be used
for any political activity whatsoever or for any other purpose.
c.The 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 confonn to all Federal, State and local laws, rules and
regulations.
2.SUSPENSION ANd)TERMINATION
In accordance with t6e requirements of the CDBG Regulations and 2 CFR, Subtitle A, Chapter II,
Part 200 and other applicable provisions of this Agreement, the CITY, acting through its City
Manager, may, in its sole discretion, suspend or terminate this Agreement if the SUBRECIPIENT
materially fails to comply with any term or provision of this Agreement. Upon receipt of notice,the
SUBRECIPIENT shall immediately cease the rendition of services and the expenditure of any funds,
unless the notice provides otherwise.
3.TIME OF COMPLETION
The 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 2021-22.
4. REVERSION OF ASSETS
a.Upon the earlier to occur of termination of this Agreement or within five (5) CTTY business
days following the end of FY 2021-22, the SUBRECIPIENT shall transfer to the 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 naxional 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 the 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.
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5. PROGRAM INCONiE
Any income earned by the SUBRECIPIENT as a result af the CDBG-funded Program must be
returned to the CITY within thirty(30)days of its receipt_
6. GRANT ADIVIINISTRA'I'YON ANJD OTI EEI Pi2 GRAM REQUIREMENTS
By its signature hereinbelow, the 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 ahove, the SUBRECIPIENT shall
maintain all Program administration and financial records that the CITY is obligated to maintain by
HUD by viriue of its status as a subrecipient of CDBG funds under 24 CFR Section 570.Sd6 of the
CDBG Regulations.
The SUBRECIPIENT shall comply with the provisions of Subpart K of the CDBG Regulations that
are applicable to the Program approved under this Agreemen
The SUBRECIFIENT shall comply with all requirements of the Office of Management and Budget
OMB") guidance on U t orrn Adnzinistrative Reqt4irenaents, Cost Princfples, and Audit
Requirements for Federa'l Awards(2 CFR Part 200).
The SUBRECIPIENT shall comply with the provisions of 24 CFR, Subtitle B,Chapter I, Subchapter
B, Part 135, Economic Opporiunities for Low and Very Low Income Persons that are applicable to
the Program approved under this Agreement.
The SUBRECIl'IENT shall comply with the provisio.ns of the "Notice of Outcome Performance
Measurement System for Community Planning and Development Formula Grant Programs".
7. PAYMENT
a.Consideration:
The CITY shall pay to the 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 the SUBRECIPIENT in Attachment "A", the CTTY 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 the
SUBRECIPIENT in Attachment"A".
b. Requests for Payment:
The SUBRECIPIENT shall submit to the CITY on forms provided by the 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. nly expenditures incurred from said date through June 30, 2022, shall be
considered by the CITY for payment:
c.Documerntation of Requests for Payment:
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All Requests for Payment shall be accompanied by the following supporting documentation:
i.Verifcation of all items for which payment is being reguested(e.g.,copies of receipts,
invoices,payroll records and canceled checks paid for Pmgram 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 Orange and non-Orange residents.
d. The CITY shall review each completed Payment Request and ag rees to pay all such requests
as quickly as practicable, generally within thirty days after the CITY deems a Payment
Request to be complete.
e.When the purpose of this Agreement includes construcrion activities, the SUBRECIPIENT
shall receive payment upon the CITY'S receipt and verification of payroll forms and other
Federal compliance documentation submitted by the construction contractor retained under
contract by the SUBRECIPIENT. The SUBRECIPIENT shall not pay its contractor prior to
the CITY'S verification and approval af submitted documentation.
f.As required by the OMB Super Circular (previously required by OMB Circular A-110), and
required by 24 CFR Secrion 570.502 of the CDBG Regulations,the SUBRECII'IENT shall notify
the CITY in writing of all personnel authorized to submit Payment Requests and receive
reimbursement checks. All Paymeirt Requests shall be signed by the SUBRECIl'IENT'S
corporate officer,Executive Director,or his/her designee who is authorized in writing to sign in
the absence,or on behalf,of the corporate officer or Execurive Director.
8. RECORD-KEEPING REpUIR MENTS
a.The SUBRECIl'IENT shall maintain, on a current basis, detailed financial and Program
management records as specified by the 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 shalI 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 the 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 incoine does not exceed the Low and Moderate Income
Limits published by I UD.
c.The SUBRECIPIENT shall maintain detailed records in a format prescribed by the 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 the
SUBRECIPIENT for a period of five(5)years from the Effective Date of this Agreement or
from the date of earlier terminarion of this Agreement,unless otherwise directed hy CITY.
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e.AIl records pertaining to the Progrann subject ta this Agreement shall be made available to
CITY upon request.
f. The SUBRECIPIENT shall make available for inspection to authorized CTTY and HUD
personnel, the SUBRECII'IENT'S Records pertaining ta the Program and allow those
personnel to inspect and monitor its facilities and Program operations, including the
interview of the SUBRECII'IENT'S staff and Program participants as required to enable the
CITY and HUD offtcials to fulfill their obligations to ensure compliance with all applicable
laws and regulations.
9. REPORTING REQUIREMENTS
a.The SUBRECIPIENT shall submit a Quarterly Performance Report to the CITY in a format as
prescribed by the CITY on the status of the Program and evidence of compliance with HCTD
regulations no later than the 15'day of each October,January,April,and July during the term
of this Agreement. If any of those da.tes fall on a Saturday, Sunday or other day on which the
CITY is not generally open for business; then the submittal date for such Quarterly
Performance Report shall be extended to the next following the CITY business day.
b.Said reports shall at a minimum provide sufficient informarion to assess performance
against the specifications included in Attachment"A". Information shall include,but not be
limited to,the beneficiary statistics specified in Section S of this Agreement.
c.SUBRECIPIENT shall submit a cumulative FY 2021-22 Annual Summary Report no later
than July 15, 2022. The Annual Report shall include cumulative beneficiary statistics and
accomplishments from 7uly 1,2021 through June 30,2022,and the status of the Program as
of June 30,2022.
10. CONFLICT OF Il tTEREST
No member, officer, or employee of the SUBRECIPIENT, or its designees or agents, who exercises
any functions or responsibiiity with respect to the SUBRECII'IENT during his or her tenure or for
one (1) year thereafter, shall have any interest, direct or indirect, in any coniract or subcontract, or
the proceeds thereof,for work to be performed in connection with the Subgrant of funds made under
this Agreement. The 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 I-I[JD upon the written request of the
SUBRECIPIENT submitted to the CITY.
11. ANTI-DISCRIMINATION PROVISIONS
a.The SUBRECIPIENT sha11 not employ discriminatory practices in providing services,
employinent of personnel, or in any other respect an the basis of race, color, religion, sex,
national origin,handicap or familial status, as rnore specifically set forth in 24 CFR Secrion
570.607 of the CDBG Regulations. During the performance of this Agreement, the
SUBRECIPIENT agrees as follows:
i.The SUBRECIPIENT shall not discriminate against any employee or applicant for
employment because of race, color, religion, sex, national origin, handicap or
familial status. The SUBRECIPIENT shall take affirmative action to ensure that
applicants are employed, and that employees are treated duri ng 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 dr recruitment advertising; layoff or
ternunation; rates of pay or other forms of compensation; and selection for training,
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including apprenticeship. The SUBRECIPIENT shall post in conspicuous places,
available to employees and applicants for employment, notices to be provided by
the contractnzg officer setting forth the provision of this nondiscrimination clause.
ii. The SUBRECIPIENT shall in all solicitations or advertisements for employees
placed by or on behalf of the 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. The SUf3RECIPIENT sliall 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 Coinpliance O cer advising
said labor union or workers' representatives of the SUBRECIPIENT'S commitment
under this Secrion and shall post copies of the norice in conspicuous places
available to emQloyees and applicants for employment.
iv. The SUBRECIPIENT shall comply with all provisions of Executive Order 11246 of
September 24, 1465, and af the rules, regulations and relevant orders of the
Secretary of Labor.
v. The 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,recards,and accounts by the Department of Labor and the Secretary of Labor
for purposes of investigation to ascerhain compliance with such rules, regulations,
and orders.
vi. In the event af the SUBRECIPLENT'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 the
SUBRECIPIENT may be declared ineligible for further govemment contracts or
Federally-assisted construction contracts in accordance with procedures authorized
in Executive Order 11246 of September 24, 1965, vr by rule,regulation, or order of
the Secretary of Labor,or as otherwise provided hy law.
vii. The 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 shail be binding upon each
subcontractor or vendor. The SUBRECIPIENT shall take such actions with respect
to any subcontract or purchase order as the CITY may direct as a means of
enforciiZg such provisions,including sanctions for noncompliance.
b. The 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 Execurive Order and shall carry out such sanctions and penalties
for violations of the equal opportuniry clause as may be imposed upon contractors and
subcontractors by the United States Depariment of Labor or Secretary of Labor pursuant to
Part II, Subpart D of said Executive Order. In addition,the SUBRECIPIENT agrees that, if
it fails or refuses to comply with these undertakings, the CITY may take any or all of the
following actions: cancel, ternunate or suspend in whole or in part the Subgrant and this
Agreement; refrain from extending any further assistance to the SUBRECIPIENT under the
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CDBG Program with respect to which the failure or refusal occurred until satisfactory
assurance of the future compliance has been received from such the SUBRECIPIENT; and
refer the case to the United States Department of Justice for appropriate legal proceedings.
12. FEDERAL LABOR STANDARDS
The SUBRECIl'IENT and all subcontractors engaged by the SUBRECIl'IENT under contracts in
excess of$2,Q00 for the construction, completion ar regair 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 Sa,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, notliing hereunder is intended to relieve the
SUBRECIPIENT of its obligations, if any, to require payment of the higher rates. The
SUBRECIPIENT shall cause ar require to be inserted in full, in all such cantracts subject to such
regulations, provisions meeting the requirements of the Federal Labor Standards. In order to ensure
compliance with said standards, the SUBRECIPIENT shall obtain necessary specifications from an
authorized representative af the Cammunity Development Department of the CITY prior to soliciting
bids for said construction. No award of the conhacts 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 Sta.tes Deparhnent of Labor to receive an award of such conttact.
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 nended,the HUD regulations issued pursUant thereto at 24 CFR,
Subtitle B, Chapter I, Subchapter B, Part 135, and any applicable rules and orders of H[JD issued
thereunder prior to the HUD authorization of the Funding Approval. The SUBRECIPIENT shall
cause or require said Section 3 Ciause 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 Secrion 3 of the
Housing and Urban DeveIopment Act of 1968, as amended [12 U.S.C. 1701u("Section 3")].
The purpose of Section 3 is to ensure that employment and other economic opportunities
generated by HLTD 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 bar aining agreement or otl er understanding,if any, a notice
advising the labor arganization or tivorkers' 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, availabiliiy of apprenriceship 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.
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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 violarion of the regulations in 24
CFR, Subtitle B, Chapter I, Subchapter B, Part 135. 1fie 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
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 I-IUD'S regularions 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 PROTECTI N
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 20l(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 Secrion 102(a)of said Act.
15. LEAJD-BASED PA1NT
This Agreement is subject to requireriaents 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 GFR Part 35
In compliance with said regulations, the SUBRECIPIENT shall with respect to the
SUBRECIPIENT'S property or any property to be acquired or improved by the 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-blsed paint hazards to limit lead exposure to resicients.
16. COMPLI TCE WITH AIR AND WATER AC'S
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.
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In compliance with said regulations,the 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 ti e 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, mon.itoring,
entry, reports, and information, as well as all other requirements specified in said Section
114 and Section 308,and alI regulations and guidelines issued thereunder.
c.A stipulation that as a condirion 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 considerarion to be listed on
the EPA List of Violating Facilities.
17. ARCHITECTURAL BAItRIERS ACT AND THE AMERICANS WITI DISABILI'IES ACT
The Architectural Barriers Act of 1968 (42 U.S.C. 4151 157) requires certain Federal and Federally
funded buildings and other facilities to be designed,constructed,or altered in accordance with standards
that insure accessibility to, and use by,physically handicapped people. A building or facility designed,
constructed or altered with funds allocated or reallocated under ttus part after December 11, 1995 and that
meets the definifion of`Yesidential struchue"as defined in 24 CFR 40.2 or the definition of"building"as
defined in 41 CFR 101-19.602(a)is subject tA 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 faciliries 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.
18. IND IVINIFICATION AND INSURANCE
a.The SUBRECIPIENT shall indemnify, protect, defend and hold harmless the CITY, its
officers,agents and employees from and against any and all claims,losses,liabilities,damages,
obligations, demands, lirigation, judgments, suits, proceedings, costs, disbursements or
expenses,including without limitation, attomeys' and experts' fees and disbursements, of any
kuzd or of any nature whatsoever which may at any time be imposed upon, incurred by or
asserted or awarded against the CITY and arising out of or resulting from this Agreement,
caused in whole or in part by any negligent act or omission of the SUBRECIPIENT, its
employees, representatives, subcontractars, or anyone for whom the SUBRECIl'IENT is
legally liable in connecrion with the performance of this Agreement. Without limiting the
SUBRECIPIENT'S indemnification, the SUBRECIPIENT sha11 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 the SUBRECIPIENT'S insurance
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coverage shail be filed with the CTTY and approved by the City Attomey on or before the
Effective Date of this Agreement,and the CIT'Y shall be given notice in writing at least thirly30) days in advance of cancellation of any policy, except in the event of non-payment ofpremium,in which case ten(10)days notice will be acceptable.
i.General Liabilitv. Such policy shaIl include, but is not limited to contractualliability, public liability, and property damage coverage. This policy's single limitliabilityamountshallnotbelessthanOneMillionT3ollars($1,000,000). The CTTY
its officers, agents, and employees shall be named as additional insureds and such
insurance shall represent primary insurance not contributing to any insurance issuedtotheCITY.
ii. Automobile. If motor vehicles aze used in performing services hereunder,
automobile insurance coverage must be obtained with not less than Five HundredThousandI3ollars ($500,000) single limit liability. The CITY its oi'icers, agents,
and employees sha11 be named as additional insureds and such insurance shall be
primary and not contributing to any insurance the CITY may have.
iii. Workers' G r*+*+P*+.cation. The SUBRECIPIENT shall cany workers' compensation
insu ance as required by law for the pmotection of its errYployaes. The SUBRECII IENT
understands that it is not ent tled to any workers' compensation benefits under any CityP•
iv. Proaerty Dama e Insurance. For any construction activities for which the
SUBRECIPIENT receives Subgrant funding, the SUBRECIPIENT shall take out and
maintain,or sha1l cause its contractor(s)to take out and maintain a builder's"all risk"
policy of insurance in an amount not less tt an the completed value of the
improvements to be conshucted on a repiacement cos basis or an "alt risk" basis,
including materials in storage and w}rile in transit and extended coverage, vandalismandmaliciousmischief.
v.Performance Bond for Conshuction Activities. Pursuant to the requirements
regarding performaBce bonding for construction com acts financed in whole or in partwithCDBGfundssetforthundertheOMBSuperCircular(previously set forth under
OMB Circular A-110, Atta.chment B), the SUBRECIPIEIVT shall secure appropriate
bid and perfonnance 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 the CITY upon request.
Certificates evidencing the maintenance of the SUBRECIPIENT'S insurance coverage
shall be filed wit1 ttie CTTY and approved by the City Attomey on or before the
Effective Date of ttus Agreement, and the CTTY shall be given notice in writing at.least thiriy (30) da.ys in advance of cancellation of any policy, except in the event of
non-payrnent ofpremium,in which case ten(10)days notice will be acceptable.
b. The obligations of indemnity set forth in this Agreement sha11 survive the expiration or
eazlier termination of this Agreement.
19. ASSIGNMEN'I'
This Agreement is not assignable by the SUBRECIpIENI'without the express prior written consent
of the CITY,whicfi consent may be given or withheld in the CTTY'S sole and absolute discretion.
Any attempt by the SUBRECIPIENT to assign any performance of the terms of this Agreement shall
be nulI and void and shatl constitute a material breach of this Agreement upon which the CITY may,among its other remedies,and without limitation,cancel,terminate or suspend this Agreement.
Page 10 of 16
20. ALTERATION
No mod cation, amendment, supplement, alteration or variation in the tern s of this Agreement
shall be valid unless made in writing and signed by the parties hereto.
21. TIME OF PERFORMA,NCE AND MOAIFICATION• B JJDGET MODI ICATION• SCOPEOFWORKMOIDIFICATIOIT
The CTTY or the SUBRECIPIENT may amend this Agreemern at any time gr vided that such amendmentsmakespecificreferenceto is Agreement and are exe uted in writing, sigaed by a duly authorizedrepresentat'tve of both parties. Such amendments shall not inva(idaie this Agreement,nor relieve or release
the CITY or the SUBRECIPIENT from its obligdtions under this Agneecnent
The CITY may, in its discretion, amend this Agreement to conform with Federal, State or local
governmental guidelines, policies, avai2able funding amounts, budget modificarions 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 botti the CI'TY and the SUBRECIPIENT and approved by theCityCouncil.
The Ciry Manager is authorized to modify the budget of this Agceement in the form of a written
amendment hereto for the movement of funds within the budget categories identified in AttachmentA"on behalf of the CITY,when such modifications:
a.Do not exceed ten percent(10%)of the funds provided pursuant to.this Agreement;
d• Are specifically requested by the SUBRECIPIENT or the CITY in writing prior toJanuary7,2022;
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 the CTTY, HUD and the SUBRECIPIENT in perfarming thescopeofservicesunderthisAgreement;
f.ffrelated to salaries,aze in accordance witfi any applicable saiary ordinances or taws;and
g. Do not exceed two (2) requests for budget amendments/modifications during tlie ProgramYeaz.
22. WAIVER
The CTTY'S waiver of any default,breach or condition precedent shall not be construed as a waiver
on the part of the CITY of any other default, breach or condirion precedent, or any other righthereunder.
23. PROPERTY OWNERSHIP AND PROCUREMENT
a.Upon the expiration or earlier termina6on of this Agreement or in the event this Agreement
is not fully performed to the satisfaction of the CI'FY, any and all nonexpendable
furnishings, equipment or other personal properry having a usefut life of more than one(1)
yeaz and a pwchase 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
Page 11 of 16
Agreement sha11 become the property of the CITY. Such property shall be delivered to the
CITY upon written notification by the CIT'Y to the SUBRECIPIENT. Nonexpendable
property shall include tangible personal property, incIuding but not limited to off ce
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 disgosition
of nonexpendable property.
b. Real property acquired by the SUBRECIPIENT from funds made availab e by thisAgeementshallbeusedsolelyforthepurposessetforthinthisAgreement. Should the
SUBRECIPIENT or its successors at any time abandon the use of said property or fail at any
time to use the same for the purposes hereinafter required, the CITY shall have the right to
take possession of said properiy and all right, titie and interest of the SITSRECIPIENT in
and to said property sha11 cease and terminate. A restriction stating the above in a form
acceptable to the Ciry Attorney shall be placed on said properiy deed at the time of
acquisirion by the SUBRECIPIENT. The SUBRECIPIENT shall on demand execute and
deliver to the CITY a deed to said property and such other instruments as the CTTY may
deem necessary and appropriate to give effect to this Subsection. No real property sha.11 be
acquired by deed or lease without the written approval of the CIT'Y first had and obtained.
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 the OMB Super Circular
previously set forth under OMB Circular A-110,Attachment I,and any amendments that
might become effective thereto during the term of this Agreemen The SUBRECIPIENT
shall obtain three (3) written and documented bids prior to purchasing or leasing any
nonexpendable personal property described in Attachment"A". The SI3BRECIPIENT must
pwchase or lease from the lowest responsible bidder. All nonexpendable property
purchased or leased pursuant ta 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 the SUBRECIPIENT. This inventory shall be provided to the CITY upon
requesk
d. Real property shall be acquired in accordance with the Uniform Relocation Assistance and
Real Properiy Acquisition Policies Act(42 USC4601):
24. OTHER REOUIREMENTS
Tlze SUBRECIPIENT shall comply with all applicahle City, State of California, or other
governmental agency regulations and requirements,including but not limited to issuance of building
permits,use permits,and variances.
25. STATUS OF SUBRECIPIENT
The SUBRECIPIENT and ti e ageitts and employces of the SUBRECIPIENT in the perforznance of this
Agreement shall act in an independeat capacity and not as officets or employees or agents of the CTTY.
26. SUBRECIPIENT SHAL,L PROVIDE A DRUGFREE WURKPLACE BY:
a.Publishing a statement notifying employees that the ualawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the
SUBRECIPIENT'S workplace and specifying the acnons that shall be taken against
employees for vialation of such prohibitian;
b. Establishing an ongoing drug-free awazeness progracn to inform employees about:
Page 12 of 16
i.The dangers of drug abuse in,the workplace;
ii. The SUBRECIPIENT'S policy of maintaining a drug-free workplace;
iii. Any avaiIable 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.Maldng 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 sha11:
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 a$er 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 the 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 acrion against such an employee, up to and including
terminarion, 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(fl.
27. DRUGFREE t'OItKPLACE CERTIFICATION
a.By signin this Agreement, the SUBRECIPIENT is providing the certification set out in
Section 26.
b. The certification set out in Secrion 26 is a material representation of fact upon which
reliance is placed when the CITY a vards the Subgrant. If it is later determined that the
SUBRECIPIENT knowingly rendered a false certification, or otherwise violates the
requirements of the Drug-Free Workplace Act, the CITY may take action authorized under
the Drug Free Workplace Act.
c.If the workplace(s) identified to the CITY changes during the performance of this
Agreemeiit,the SUBRECIPiENT shall inform the CITY of the change(s).
Page 13 of 16
d. The SUBREC'TENT has provided the site(s) in Attachment "A" for the per'ormance of
w rk done in conuection with this Agreement.
e. Definitions of terms in flie Nonprocurement Suspension and Debarment common nile and
Drug-Free Workplace cammon rule apply to this certification. The SUBRECIPIENT'S
attention is called,in particular,to the fo[lowing 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 fmding of guilt(including a plea of nolo contendre) or imposition of
sentence, or both, by any judicial body charged with the responsibility to detemune
violations of the Federal or State criminal drug statutes;
Criminal drug statute" means a Federal or non-federal criminal statute involving the
manufacture,distribution,dispeusing,use,or possession of any controlled substance;
Employee"means the employee of rhe SUBRECIl'IENT directiy engaged in the performance of
work under this Agreement,including:(i)all"direct charge"employees;(ii)all"indirect charge"
employees; and (iii) temgozary peisonnel and consultants who are directly engaged in the
perfom ice of work under this Agreement and who aze not on the SUBRECIPIENT'S payroll.
28. ANTI-LOSBYING
By signing this Agreement,the 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 the
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,loa.n,or cooperative Agreement;
b. If any funds other than Federal appropriated funds have been paid or shali be paid to any
person for influencing or attempting to influence an officer or emplayee 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 certi£y and disclose
accordingly.
9. succEssoxs
This Agreement shall be bindin,g upon and inure to the successors in interest of CITY and
SUBRECIPIENT in the same manner as if sach pariy had been expressly named hereinafter.
30. NOTICE
Page 14 of 16
All notices and communications betweez the parties shall be addressed as follows:
NOTICE TO Suzan Ehdaie,Housing Analyst
CITY: City of Orange
Community Development Deparnnent
300 East Chapman Avenue
Orange,CA 92866-1506
NOTICE TO Karen O'Keefe,President
SUBRECIPIENT• Assistance League of Orange
124 South Orange Street
Orange,CA 9 866-1506
SIGNATURES ON FOLLOWING PAGE.]
Page 15 of 16
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and yeax
first above written.
SUBRECIPIENT" CITY"
ASSISTANCE L'AGUE OF ORANGE CITY OF ORANGE
4
By:By:
Kar 'Keefe ck tto
President City Manager
By:
olyn Seeley
Secretary
APPROVED AS TO FORM:
By:
Gary Sheat
1 ey
NOTE: CI77 r-equires the folloN i ag signature(s)on behalf of SUBRECIPIENT:
4.1) the Chairman /'the Bnard, the PYe.sident or•a Yice-President, AND (2) the Secr•etary, ihe Chief Financial
Officer, the Treasurer, an A.s.sistant Secretary nr an A.ssistant Treasurer. If n:ly one cnrporate nfficer existc or
nne corporaie off cer holds mnre than one cnrporate nff ce,please so indicate. OR
B.The corporate officer, Executive Director, or other person named in a corpw•ate resolutio z as autho ized to
e tter into t{zis Agreement. A copy of the corporate resolutior:, certified by the Secretary close in time to the
executiot:of'the Agreement,must be provided to CITY t ith the executed Ag•eement.
Page 16 of 16
FY 2021-22
CITY OF ORANGE
COMMU1vITY DEVELOPMENT BLOCK GRANT PROGRAM
Subrecipient Agreement
ATTACHMENT"A"
1. Nonprofit Organization
Nonprofit Name: Assistance League of Orange
Director: Baren O'Keefe,President
Contact Person: Patricia Waasted
Title: Grants Chairman
Phone: 714)812-6463
E-mail: waaast xl@aol.com
2. Project/Program Title: Operation School Bell
3. Project/Program Location: 124 S.Orange S Orange,CA 92866
4. Funding Period: July 1,2021-June 30,2022
5. CDBG Funds Amount: 13,770
6. Funding Summary:
Total
Other nd'mg
Program/Project
Cost Category CDBG Funds
u
Sudget
All Funding
Sources)
1.Personnel Services
Sala.ries, bene ts,etc.)
0.00 0.00 0.00
2. Miscellaneous Program/Project Costs
Office supplies,trai el expenses,professional 13,770.00 81,550.00 95,320.00
services, etc.J
3.CapitalOutlay
Pro er ac ui.sition, co zsrruction costs,etc.)
0.00 0.00 0.00
4.TOTAL 13,770.00 81,550.00 95,320.00
7. Activity Summary:
Describe projecdprogram for which CDBG funds will be used_
The Operation School Bell program will provide school clothing and a personal grooming kit for
elementary children from low-income families who attend Kindergarten through 6`t' grade in the
Orange Unified School District.
Timeline Ex enditures
Q 1 -2021 0.00
2-2021 9,180.00
Q3-2022 4,590.00
4-2022 0.00
Attachment"A"
Page 1 of 3
8. Estimated Accomplishments and estimated timelines:
Describe planned goals and accomplishments.
Es#
Students
Timeline Milestone Served
Ql-2021 Planning for Operation School Bell year
Purchasing of ciothing and hygiene products.New Eligihility Certificatiou
forms prepared and distributed
Train school aids on CDBG guidelines and forms
Students schedulecl for"dressin "a ointments 0
Q2-2021 Junior High student dressing appointments take place
Elementary student dressings begin
Some urchasin ma continue to take Iace 126
Q3-2022 Elemen student dressin s continue and are com leted 63
Q4-2022 Invento evaluation 0
With the $13,770 CDBG funding we will provide 189 elementary students with the above
described clothing and grooming kit.
9. Beneficiary Information
For programs that will serve specific areas,provide the following documentation. Attach a
map.(Attachment "A" —Exlzibit 1) showing the location of the program and the boundaries
of the service area that will benefit from the program. In the table below, list the Census
Tracts,Block Groups, and income data for the service area. Add rows as needed.
Assistance League of Orange serves the Orange Unif'ied School District. We have
identified 12 elementary and 4 junior high schools from which we regularly schedule
students for Operation School Bell clothing. They all qualify as low income families by
asking them to self-certify their income. Please see Attachment "A" — E}chibit 1. The
yellow shaded areas are regularly covered Operation School Sell school boundaries.
Attachment"A"
Page 2 of 3
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