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FY 2020-21
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
SUBRECIPIENT AGREEMENT
THIS COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM SUBRECIPIENT
AGREEMENT ("Agreement") is entered into as of July 1, 2020 (the "Effective Date"), by and
between the CITY OF ORANGE, a municipal corporation (the "CITY"), and THE,FRIENDLY
CENTER, INC., a California nonprofit corporation (the "SUBRECIPIENT"), with reference to the
following:
RECITALS
WHEREAS, CITY receives Communit,y Development Block Grant ("CDBG") funding from
the United States Department of Housing and Urban Development ("HUD") under Grant Number
B-20-MC-06-0507; and
WHEREAS, the CDBG Program is li ted in the Catalog of Federal Domestic Assistance
CFDA)under CFDA Number 14.21 S; and
WHEREAS, pursuant to the provisions of California Government Code Section 53703, the
City Council of the CITY desires to grant a portion("Subgrant") of the CDBG funds allocated to the
CITY by HUD to the SUBRECIPIENT for the purpose of the Community Food Orange Program as
set forth in the CITY's FY 2020-21 Annual Action Plan, and as more particularly described in
Attachment"A"attached hereto and made a part hereof by this reference (the"Program"); and
WHEREAS, the 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 accompli shed under this Agreement;
c. The Program's performance and e penditure schedule; and
d. A budget detailing specific costs by category (i.e., Personnel Services, Miscellaneous
Program Costs, and Capital Outla /Construction Costs); and
WHEREAS, the Agreement shall be used exclusively for the purpose of implementing the
Program described in Attachment"A;"and
WHEREAS, a total Subgrant of Eighteen Thousand Dollars and 00/100 ($18,000.00) was
approved by the City Council on April 14, 20 0 through the adoption of the CITY's FY 2020-21 _
budget; and
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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.
Extension 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
WHEREAS, the SUBRECIPIENT is a California nonprofit corporation, duly organized and
in good standing under the laws of the 5tate of California; and
WHEREAS, the SUBRECIPIENT repres.ents 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. U5E OF FUNDS
a. The SUBRECIPIENT shall use all funds provided pursuant to this Agreement
exclusively for the purpose of implementing its approved Program as described in
Attachment"A."
b. No funds provided by 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 conform to all federal, state
and local laws, rules and regulations.
2. SU5PEN5ION AND TERMINATION
In accordance with the requirements of the CDBG Regulations and 2 CER, 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 2020-21.
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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 2020-21, 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 rineet 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 t e 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 portio thereof that is attributable to any non-CDBG funds
contributed to the acqu lsition 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 the SUBRECIPIENT as a result of the CDBG-funded Program must
be returned to the CITY within thirty(3 0) days of its receipt.
6. GRANT ADMINISTRATION AND OTHER PROGRAM REQUIREMENTS
a. By its signature hereinbelow, Ithe SUBRECIPIENT shall comply with all of the
requirements of Subpart J of the CDBG Regulations and to adhere to all applicable
grant administration requireme ts established therein.
b. To the extent not required under the regulatory references cited above, the
SUBRECIPIEN'F shall maintainl 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 570.506 of the CDBG Regulations.
c. The 5UBRECIPIENT shall comply with the provisions of Subpart K of the CDBG
Regulations that are applicable io the Program approved under this Agreement.
d. The SUBRECIPIENT shall comply with all requirements of the Office of
Management and Budget ("OMB") guidance on Uniform Administrative
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Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR
Part 200).
e. The 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.
f.The 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:
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." 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 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 the SUBRECIPIENT in Attachment"A."
b. Requests for Payment:
The 5UBRECIPIENT 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. Only expenditures incurred from said date through
June 30, 2021, shall be considered by the 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
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ii. A budget status report showing the line item budget, previously submitted
expense(s), the expens(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 agrees to pay all such
requests as quickly as practicab le, generally within 30 days after the CITY deems a
Payment Request to be completE.
e. When the purpose of this Agreement includes construction activities, the
SUBRECIPIENT shall receive payment upon the CITY's receipt and verification of
payroll forms .and other fed ral compliance documentation submitted by the
construction contractor retained under contract by the SUBRECIPIENT. The
SUBRECIPIENT shall not pa} its contractor prior to the CITY's verification and
approval of submitted documen ation.
f.As required by the OMB Super Circular(previously required by OMB Circular A-110),
and required by 24 CFR Section 570.502 of the CDBG Regulations, the
SUBRECIPIENT shall notify the CITY in writing of all personnel authorized to submit
Payment.Requests and receive r imbursement checks. All Payment Requests shall be
signed by the SUBRECIPIENT'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 Executive Director.
8. RECORD-KEEPING REOUIREMENTS
a. The SUBRECIPIENT shall m intain, on a current basis, detailed financial and
Program management records a 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 shall meet the l ational 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 CDB G 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 income does not exceed the
Low and Moderate Income Limits published by HUD.
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
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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 six (6) years from the Effective Date of this
Agreement or five (5) years from the date of earlier termination of this.Agreement,
unless otherwise directed by CITY.
e. All records pertaining to the Program subject to this Agreement shall be made
available to CITY upon request.
f.The SUBRECIPIENT shall make available for inspection to authorized CITY and
HUD personnel, the SUBRECIPIENT's Records pertaining to the Program and allow
those personnel to inspect and monitor its facilities and Program operations,
including the interview of the SUBRECIPIENT's staff and Program participants as
required to enable the CITY and HUD officials 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 HUD regulations no later than the 15' 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 the CITI' 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 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 2020-21 Annual Summary Report no
later than July 15, 2021. The Annual Report shall include cumulative beneficiary
statistics and accomplishments from July 1, 2020 through June 30, 2021, and the
status of the Program as of June 30, 2021.
10. CONFLICT OF INTEREST
No member, officer, or employee of the SUBRECIPIENT, or its designees or agents, who
exercise any functions or responsibility with respect to the 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. The SUBRECIPIENT shall incorporate,
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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 the S BRECIPIENT submitted to the CITY.
11. ANTI-DISCRIMINATION PROVISIONS
a. The SUBRECIPIENT shall ot employ discriminatory practices in providing
services, employment of personnel, or in any other respect on the basis of race, color,
religion, sex, national origin, l andicap or familial status, as more specifically set
forth in 24 CFR Section 570.60/ 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 fami lial status or any other basis prohibited by applicable
law. The 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 or any other basis prohibited by applicable law. 5uch 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 app enticeship. The SUBRECIPIENT shall post in
conspicuous places, ava lable to employees and applicants for employment,
notices to be provided by the contracting 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
or any other basis prohib ited by applicable law.
iii. The 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 the
SUBRECIPIENT's commitment under this Section and shall post copies of
the notice in conspicuous places available to employees and applicants for
employment.
iv. The 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.
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v. The SUBRECIPIENT shall furnish all information and reports required by
Executive Order 11246, 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 the 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 the SUBRECIPIENT may be declared
ineligible for further government contracts or federally-assisted construction
contracts in accordance with procedures authorized in Executive Order
11246,' or by rule, regulation, or order of the Secretary of Labor, or as
otherwise provided by law.
vii. The SiJBRECIPIENT 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, so that such provisions shall 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 enforcing such provisions, including sanctions for noncompliance.
b. The SUBRECIPIENT shall refrain from entering into any subcontract subject to
Executive Order 11246, 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, 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, terminate or suspend
in whole or in part the Subgrant and this Agreement; refrain from extending any
further assistance to the 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 the SUBRECIl'IENT; and refer the case to
the United States Departmenf of Justice for appropriate legal proceedings.
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12. . FEDERAL LABOR STANDARDS
The SUBRECIPIENT and all subcontractors engaged by the SUBRECIl'IENT 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 pro ided under this Agreement, shall comply with HCTD
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 arid 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 the SIIJBRECIPIENT of its obligations, if any, to require
payment of the higher rates. The 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 orde i to ensure compliance with said standards, the
SUBRECIPIENT shall obtain necessaryl specifications from an authorized representative of the
Community Development Department of the 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.
13. SECTION 3 CLAUSE
This Agreement is subject to the re uirements of Section 3 of the Housing and Urban
Development Act of 1968 (12 USC I 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. The SUBRECIPIENT shall cause or require said 5ection 3 Clause to be
inserted in full in all subcontracts fori 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 Dev elopment Act of 1968, as amended [12 U.5.C. 1701u
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.
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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
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 opporiunities 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 HiJD 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.
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15. LEAD-BASED PAINT
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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 Pirt 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 exilstence of these hazards so that they can take proper
precautions;
b. Identify lead-based paint hazards; and
c. Control lead-based paint hazard s to limit lead exposure to residents.
16. COMPLIANCE WITH AIR AND W ATER 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 Polluti,on 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.
In compliance with said regulations, the SUBRECIPIENT shall cause or require to be
inserted in full in all contracts and sub'contracts 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 amendedl(42 U.S.C. 1857c-8) and Section 308 of the Federal
Water Pollution Control Act, a's 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.
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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.
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17. ARCHITECTURAL BARRIERS ACT AND THE 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 insure 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 comrnunication 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. INDEMNIFICATION AND IN5URANCE
a. The SUBRECIPIENT shall indemnify,protect, defend and hold harmless the CTTY, its
officers, agents and employees from and against any and all claims, losses, liabilities,
damages, obligations, demands, litigation, judgrnents, 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 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 SUBRECII'IENT, its employees, representatives, subcontractors, or
anyone for whom the SUBRECIPIENT is legally liable in connection with the
performance of this Agreement. Without limiting the SUBRECIPIENT's
indemnification, the 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 the SUBRECIPIENT's insurance coverage
shall be filed with the CITY and approved by the City Attorney on or before the
Effective Date of this Agreement, and the 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.
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i.General Liabilitv. Such;policy shall include, but is not limited to contractual
liability, public liability; and property damage coverage. The liability limit
amount .shall not be ;less than One Million Dollars ($1,000,000) per
occurrence. The 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 the CITY.
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ii. Automobile. If motor i ehicles are used in performing services hereunder,
automobile insurance co erage must be obtained with a combined single limit
liability of not less than Five Hundred Thousand Dollars ($500,000). The
CITY, its officers, agents, and employees shall be named as additional
insureds and such insurance shall be primary and not contributing to any
insurance the CITY may'have.
iii. Workers'Compensation. The SUBRECIPIENT shall carry workers' compensation
insurance as required by law for the protection of its employees. The
SUBRECIPIENT understands that it is not entitled to any workers' compensation
benefits under any CITY progratn.
iv. Pro erty Damage Insurance. For any construction activities for which the
SUBRECIPIENT receives Subgrant funding, the 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 improvemerits to be constructed on a replacement cost basis or an
all risk"basis, including materials in storage and while in transit and extended
coverage,vandalism and malicious mischief.
v. Performance Bond for Construction Activities. Pursuant to the requirements
regarding performance bonding for construction contracts financed in whole or
in part with CDBG fund s set forth under the OMB Super Circular (previously
set forth under OMB Circular A-110, Attachment B), the SUBRECIPIENT
shall secure appropriate bid and performance bonds for any construction work
undertaken as part of per,formance under this Agreement in excess of$25,000,
copies of which shall be delivered to the CITY upon request.
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Certificates evidencing the maintenance of the SUBRECIPIENT's insurance
coverage shall be filed with the CITY and approved by the City Attorney on or
before the Effective Datei of this Agreement, and the 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
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b. The obligations of indemnity set forth in this Agreement shall survive the expiration
or earlier termination of this Agreement.
19. AS5IGNMENT
This Agreement is not assignable by the SUBRECIPIENT without the express prior written
consent of the CITY, which consent may be given or withheld in the CITY's sole and
absolute discretion. Any attempt by the 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 the CITY may, among its other rernedies, and without limitation,
cancel, terminate or suspend this Agreement.
20. ALTERATION; AMENDMENTS; VARIATIONS
a. 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.
b. The CTI'Y or the 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 the CTTY or the SUBRECIPIENT from its
obligations under this Agreement.
c. The 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 the CITY and the SUBRECIPIENT and approved by the City
Council.
d. The City Manager or the Housing Analyst are 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 the CITY,
when such modifications:
i.Do not exceed ten percent (10%) of the funds provided pursuant to this
Agreement;
ii. Are.specifically requested by the 5UBRECIPIENT or the CITY in writing no
later than 60 days prior to the end of the term of this Agreement;
iii. Do not alter the total amount of funds provided under this Agreement;
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iv. Will not change the Program goals or scope of services;
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v. Are in the best interes ts of the CITY, HUD and the SUBRECIPIENT in
performing the scope ofiservices under this Agreement;
vi. If related to salaries, are in accordance with any applicable salary ordinances or
laws; and
vii. Do not exceed two 2 re uests for bud et amendments/modifications durinqg g
the Program Year.
21. WAIVER
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The CITY'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 condition precedent, or any
other right hereunder. I
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22. 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 the CITY, any and all
nonexpendable fumishings, 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 the
CITY. Such property shall be delivered to the CITY upon written notification by the
CITY to the SUBRECIPIENT. Nonexpendable property shall include tangible
personal property, including but not limited to office equipment, and real properiy or
any interest in such real property, including any mortgage or other encumbrance of
real property as well as any fiznds derived from the sale or disposition of
nonexpendable property. i
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b. Real properly acquired by the SUBRECIPIENT from funds made available by this
Agreement shall be used solely jfor the purposes set forth in this Agreement. Should
the SUBRECIPIENT or its successors at any time abandon the use of said properiy or
fail at any time to use the same ifor the purposes hereinafter required, the CITY shall
have the right to take possession of said property and all right, title and interest of the
SUBRECIPIENT in and to said property shall cease and terminate. A restriction
stating the above in a form acc'eptable to the City Attorney shall be placed on said
property deed at the time !of acquisition 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 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 the CITY.
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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 N), and any
amendments that might become effective thereto during the term of this Agreement.
The SUBRECIPIENT shall obtain three (3) written and documented bids prior to
purchasing or leasing any nonexpendable personal properiy described in Attachment
A." The 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 the
SUBRECIPIENT. This inventory shall be provided to the CITY upon request.
d. Real property shall be acquired in accordance with the Uniform Relocation
Assistance and Real Property Acquisition Policies Act(42 USC4601).
23. OTHER REOUIREMENTS
The SUBRECIPIENT shall comply with all applicable CITY, State of California, or other
governmental agency regulations and requirements, including but not limited to issuance of
building permits,use permits, and variances.
24. STATUS OF SUBRECIPIENT
The SUBRECIPIENT and the agents and employees of the SUBRECIPIENT in the performance of
this Agreement shall act in an independent capacity and not as officers or employees or agents of the
CTI'Y.
25. DRUG-FREE WORKPLACE
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
the 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;
ii. The SUBRECIPIENT's policy of maintaining a drug-free workplace;
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iii. Any available drug counseling, rehabilitation, and employee assistance
programs; and i
iv. The penalties that may be imposed upon employees for drug abuse violations
occurring in the workplace;
c. Making it a requirement that
i each employee engaged in the performance of the
Agreement be given a copy of the statement required by Subsection 25(a);
d. Notifying the •employee in the statement required by Subsection 25(a) that, as a
condition of employment under the Agreement,the employee shall:
i.Abide by the terms of the statement; and
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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 (5)
calendar days after such conviction;
e. Notifying CITY in writing, within ten calendar days after receiving notice under
Subsection 25(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 25(d),with respect to any employee who is so convicted:
i.Taking appropriate personnel action against such an employee, up to and
including termination, c onsistent 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 rehabilitati on 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 25(a)through (.
26. DRUGFREE WORKPLACE CERT IFICATION
a. By signing this Agreement, the SUBRECIPIENT is providing the certification set out
in Section 25.I
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b. The certification set out in Section 25 is a material representation of fact upon which
reliance is placed when the CITY awards 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
Agreement, the SUBRECIPIENT shall inform the CITY of the change(s).
d. • The SUBRECIPIENT has provided the site(s).::an 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. The
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 the 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
the SUBRECIPIENT's payroll.
27. ANTI-LOBBYING
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
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loan, the entering into of any cooperative Agreement, and the extension,
continuation, renewal, amendment, or modification of any federal contract, grant,
loan, or cooperative Agreement;
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b. If any funds other than federal
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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 accord'ingly.
28. SUCCE5SORS
This Agreement shall be binding upor and inure to the successors in interest of CITY and
SUBRECIPIENT in the same manner ai if such party had been expressly named hereinafter.
29. NOTICE
All notices and communications between the parties shall be addressed as follows:
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NOTICE TO Suzan Ehdaie, Housing Analyst
CITY: City of Orange
Community Deve opment Department
300 East Chapman Avenue
Orange, CA 92866-1506
NOTICE TO Cathy Seelig, Executive Director
SUBRECIPIENT: The Friendly Cen;ter, Inc
P.O. Box 706 i
Orange, CA 928 i 6
SIGNATURES ON FOLLOWING PAGE.]
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day
and year first above written.
SUBRECIPIENT" CITY"
THE FRIENDLY CENTER, INC. CITY OF ORANGE
By: By:
r'
o..----'.-'"-'
Cathy Seelig tto
President City Manager
APPROVED AS TO FORM:
By,
Gary tz
i orney `
NOTE: CITY requires 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 offccer
holds more than one corporate office,p[ease 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.
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ATTACHMENT "A"
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PROGRAM DESCRIPTION
Beneath this sheet.]
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FY 2020-21
CITY OF ORANGE
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
Subrecipient Agreement
ATTACHMENT "A"
1. Nonprofit Organization
Nonprofit Name: Friendlyl Center,Inc.
Director: Cathy Seelig
Contact Person: Karen Tyson
Title: Director of Programs
Extension: 714-771-5300 x 135
E-mail: Karen@friendlycenter.org
2. Project/Program Title: Comm nity Food Orange
3. ProjectlProgram Location: 147 W. Rose Avenue, Orange 92867
1820 E. Meats Avenue, Orange 92856
4. Funding Period:July 1, 2020 -June 30, 2021
5. CDBG Funds Amount: 18,000
6. Funding Summary:
i : .Total :
F Other Fundm
Program/Project ,:
Cost Category .: CDBG Funds . : .'-.Sources g Budget
n Funding ,.All
Sources
1.
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Personnel Services 7,279
Sa[aries, bene its, etc.
18,000 26,180
2.Miscellaneous Program/Project Costs I 2,000
O ce supplies, travel expenses,professional 0 2,000
services, etc.
3.Capital Outlay 0
0
0
Pro er ac uisition, construction costs, etc.
4.TOTAL 18,000
9'2 9
28,180
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7. Activity Summary:I
Describe project/program for which CDBG funds will be used.
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Community Food — Orange is a completely free food distribution program for low-income
families and individuals in the City of Orange. Recipients receive bread, dairy, meat, and
produce at multiple weekly distributions at both locations in Orange. The program offers a safety
net for qualifying low-income families and individuals to ensure that food is in the home and
children do not go hungry.
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Attachment "A"
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Z-' ny 7 4 I . '.>1 $ ,. .
4 H j .:i. Y
C 4 W f il .
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T riiehne ` ; Re ib;uised..Eg enditu"res , , ' ,m..3:
1 -2020 4,500
2-2020 4,500
3 -2021 4,500
4-2021 4,500
8. Estimated Accomplishments and estimated timelines:
Describe lanned oals and accom lishments.
Est:#,LMI Persous Served with
Timelme,= Milestone: , '' rCDBG fuods ra;'',:
Q 1 -2020 Providing nutritious food to 100 LMI Persons 100
Q2-2020 Providing nutritious food to 150 LMI Persons 150
Q3 -2021 Providing nutritious food to 125 LMI Persons 125
Q4-2021 Providing nutritious food to 125 LMI Persons 125
We expect to provide 500 unduplicated individuals nutritious food through multiple weekly
Community Food — Orange food distributions. While the service number is unduplicated, the
community can access food as often as needed. Staff hours attributable to the CDBG funds are
25 per week.
9. Beneficiary Information
For programs that will serve specific areas, provide the following documentation. Attach a map
Attachment "A"—Exhibit 1) showing the location of the program and the boundaries of the service
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.
Friendly Center's Community Food serves any Orange resident with a low or moderate
household income in need of food. Prior to receiving services, clients self-certify their
household size and income by signing the City of Orange CDBG Program Client Eligibility
Certification. The City of Orange CDBG Program Client Eligibility Certification is updated
and re-signed by clients each CDBG program year.
Block .. :. ,:;; of Low/1VIod 'o .
Census Tract. . • of Res dents
Grou . ' Residents Low/Mod
500 500 100%
Attach.ment "A"
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Attachment "A"
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