AGR-2007.Z - ASSISTANCE LEAGUE OF ORANGE - 2020-21 CDBG SUBRECIPIENT OPERATION SCHOOL BELLA R-oo?.Z
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COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
SUBRECIPIENT AGREEMENT
THIS COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM SUBRECIPIENT
AGREEMENT ("Agreement") is entered into as of July 1, 2020 (the "Effective Date"), by and
between the CITY OF ORANGE,a municipal corporation(the "CTTY"),and ASSISTANCE LEAGUE
OF ORANGE, CALIFORNIA, INC., a California nonprofit corporation (the "SUBRECIPIENT"),
with reference to the following:
RECITALS
WHEREAS, CIT'Y receives Community 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 listed in the Catalog of Federal Domestic Assistance
CFDA")under CFDA Number 14.218; and '
WHEREAS, pursuant to the provisions of California Government Code Section 53703, the
City Council of 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 Operation School Bell Program as
set forth in the CITY's .FY 2020-21 Annual Action Plan, and as more particulazly described in
Attachment"A"aitached 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 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); 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, 2020 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 State of California; and
WHEREAS, the SUBRECII'IENT represents that it has the organization, facilities and
personnel to cai-ry out the Program in accordance with the puipose of this Agreement.
NOW, THEREFORE, IT IS MUTUALLY AGREED 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 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, i ules and regulations.
2.SUSPENSION AND TERMINATION
In accordance with the 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 othenvise.
3.TIME OF COMPLETION
The SUBRECIPIENT shall commence the work or seivices provided for in this Agreement
iinmediately after execution hereof and to diligently prosecute completion of the work
within CITY's 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) CI'TY
business days following the end of FY 2020-21, the SUBRECII'IENT 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
properiy acquired or improved in whole or in part with CDBG funds in excess of
25,000 must either:
i.Continue to be used to meet one of the national objectives as set forth in 24
CFR Section 570.208 of the CDBG Regulations for at least five (5) years
fi•om 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.
5.PROGRAM INCOME
Any income earned by the SUBRECII'IENT as a result of the CDBG-funded Program must
be returned to the CITY within thirry(30) days of its receipt.
6.GRANT ADMINISTRATION AND OTHER PROGRAM REQUIREMENTS
a.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 administ ation requirements established therein.
b.To the extent not required under the regulatoiy references cited above, the
SUBRECII'IENT shall maintairi all Program administration and financial records that
the CITY is obligated to maintain by HUD by vu-tue of its status as a subrecipient of
CDBG funds under 24 CFR Section 570.506 of the CDBG Regulations.
c.The SUBRECIPIENT shall comply with the provisions of Subpart K of the CDBG
Regulations that are applicable to the Program approved under this Agreement.
d.The SUBRECIPIENT shall comply with all requirements of the Office of
Management and Budget ("OMB") guidance on U zifo nz Administrative
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Requirenae zts, Cost Principles, a ad Audit Requirements fo 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 SUBRECII'IENT 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 perfoi-mance schedule
set forth in Attachment "A." If the number of Program beneficiaries served during
the billing period in question is less than tlie 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 SUBRECII'IENT in Attachment"A."
b. Requests for Payrnent:
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 incun-ed 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 expense(s) for which reimbursement is sought, and the
balance of each line item; and
iii. Verification of the number of Prograin 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 practicable, generally within 30 days after the CITY deems a
Payment Request to be complete.
e.When the puipose of this Agreement includes construction activities, the
SUBRECIPIENT shall receive payment upon the CITY's receipt and verification of
payroll fot ns and other federal compliance documentation submitted by the
const uction contractor retained under conn•act by the SUBRECIPIENT. The
SUBRECIPIENT shall not pay its contractor prior to the CITY's verification and
approval of submitted documentation.
f.As required by the OMB Super Circular (previously required by OMB Cucular A-110),
and required by 24 CFR Section 570.502 of the CDBG Regulations, the
SUBRECIl'IENT shall notify the CITY in writing of all personnel authorized to submit
Payment Requests and receive reunbursement checks. All Payment Requests shall be
signed by the SUBRECII'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 Executive Director.
8.RECORD-KEEPING REQUIREMENT5
a.The SUBRECIPIENT shall maintain, on a current basis, detailed financial and
Program inanagement 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 shall meet the National Objective of benefiting Low and Moderate
Income persons in the limited clientele categoiy 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 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
iriclude a description of the benefit provided, the total number of Program
beneficiaries, and demographic data for each beneficiaiy 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 Fetnale Head of Household designation, if applicable.
d. All records pertaining to the Program subject to this Agreement shall be maintained
by the SUBRECII'IENT for a period of six (6) years fiom the Effective Date of this
Agreement or five (5) years' fiom the date of earlier termination of this Agreement,
unless otherwise directed by;CITY.
e.All records pei taining 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 SUBRECII'IENT shall submit a Quarterly Pei-formance Report to the CIT'Y in a
format as prescribed by th'e CITY on the status of the Program and evidence of
compliance with HLTD regulations no later than the 15th day of each October, January,
April, and July during the term of this Agreement. If any of those dates fall on a
Saturday, Sunday or other day on which 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 busuiess 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 Summaiy 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 inember, 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
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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
HUD upon the written request of tlie SUBRECIPIENT submitted to the CITY.
11. ANTI-DISCRIMINATION PROVISIONS
a.The SUBRECII'IENT shall not employ discriminatory practices in providing
services, employment of personnel, or in any other respect on the basis of race, color,
religion, sex, national origin, handicap or familial status, as more specifically set
forth in 24 CFR Section 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, 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. Such action
shall include, but not be limited to the following: employment, upgrading,
demotion or transfer; recruitment or recruitment advertising; layoff or
termination; rates of pay or other fot ns of compensation; and selection for
training, including apprenticeship. The SUBRECIPIENT shall post in
conspicuous places, available to employees and applicants for employrnent,
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 applicanta shall receive consideration for employment without
regard to race, color, religion, sex, national origin, handicap or familial status,
or any other basis prohibited by applicable law.
iii. The SUBRECIl'IENT 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 worlcers' representatives of the
SUBRECII'IENT's cominitment under this Section and shall post copies of
the notice in conspicuous places available to employees and applicants for
employment.
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iv. The SUBRECIPIENT shall comply with all provisions of Executive Order
11246 of September 24, 1965, and of the rules, regiilations and relevant
orders of the Secretary of Labor.
v.The SUBRECIPIENT shall furnish all infoi rnation 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 boolcs,
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. Ll the event of the SUBRECIPIENT's noncompliance with the
nondiscrimination clauses of this Agreeinent 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 iule,regulation, or order of the Secretary of Labor, or as
otherwise provided by law.
vii. The SUBRECIPIENT shall include the portion of the sentence iminediately
preceding Subsection (i) and the provisions of Subsections (i) through (vi) in
every subcontract oi 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 subconnactor debarred from, or who has not
demonsnated eligibility for government connacts 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 undertalcings,
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 fiom extending any
further assistance to the SUBRECII'IENT under the CDBG Program with respect to
which the failure or refusal occurred until satisfactory assurance of the future
compliance has been received from the SUBRECIPIENT; and refer the case to the
United States Departinent of Justice for appropriate legal proceedings.
J
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12. FEDERAL LABOR STANDARDS
The SUBRECIl'IENT and all subcontractors engaged by the SUBRECII'IENT under contracts
in excess of$2,000 for tlie consh-uction, completion or repair of any building or work financed
in whole or in part with assistance provided 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 and nainees to journeytnen; 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 SUBRECIPIENT 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 subj ect 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 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 Depariment of Labor to receive an award of such contract.
13. SECTION 3 CLAUSE
This Agreement is subject to the requirements of Section 3 of the Housing and Urban
Development Act of 1968 (12 USC 1701u), as amended, the HUD regulations issued
pursuant thereto at 24 CFR, Subtitle B, Chapter I, Subchapter B, Part 135, and any
applicable rules and orders of HUD issued thereunder prior to the HUD authorization of the
Funding Approval. The SUBRECIPIENT shall cause or require said Section 3 Clause to be
inserted in fiill in all subcontracts for work financed in whole or in part with assistance
provided under this Agreement as follows:
a.The work peifoiYned under this Agreement is subj ect to the requirements of Section 3
of the Housing and Urban Development Act of 1968, as amended [12 U.S.C. 1701u
Section 3")]. The purpose of Section 3 is to ensure that employrnent 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 HLJD 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 fi•om
complying with the regulations set forth in 24 CFR, Subtitle B, Chapter I, Subchapter
B, Part 135.
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c.The conh actor 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 employrnent 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 eveiy 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 tegiilations 'in 24 CFR, Subtitle B, Chapter I, Subchapter B, Part 135.
The connactor shall not subcontract with any subcontractor where the connactor has
notice or knowledge that 'the subconnactor has been found in violation of the
regulations in 24 CFR Subtitle B, Chapter I, Subchapter B, Part 135.
e.The contractor shall cei-tify 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 debat-ment or suspension fi•om 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 puiposes as defined under Section 3(a) of said Act, for use in an
area identified by the Secretaiy of HLTD 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
This Agreement is subject to requirements of the Lead-Based Paint Poisoning Prevention
Act(42 U.S.C. 4821-4846), the Residential Lead-Based Paint Hazard Reduction Act of 1992
42 U.S.C. 4851-4856), and 24 CFR Part 35.
In compliance with said regulations, 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 Ilazards; and
c.Control lead-based paint hazards to limit lead exposure to residents.
16. COMPLIANCE WITH AIR AND WATER ACTS
This Agreement is subject to the requirements of the Clean Air Act, as amended (42 U.S.C.
1857 et seq.), the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 et seq.),
and the regulations of the Environmental Protection Agency("EPA") with respect thereto, at
40 CFR Part 15, as amended from time to time.
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 the contractor to comply with all the requirements of Section 114 of
the Clean Air Act, as amended (42 U.S.C. 1857c-8) and Section 308 of the Federal
Water Pollution Control Act, as amended (33 U.S.C. 1318), relating to inspection,
inonitoring, entiy, reports, and information, as well as all other requirements
specified in said Section 114 and Section 308, and all regulations and guidelines
issued thereunder.
c.A stipulation that as a condition for the award of the contract, prompt notice shall be
given of any notification received from the Director, Office of Federal Activities,
EPA, indicating that a facility utilized or to be utilized for the contract is under
consideration to be listed on the EPA List of Violating Facilities.
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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 Unifonn Federal Accessibility Standards (Appendix A to 24 CFR Part 40
for residential st uctures, 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 at•eas of
employment, public accommodations, state and local government seivices, and
telecommunications. It further provides that discrimination includes a failure to design and
construct facilities for first occupancy after January 26, 1993 that are readily accessible to and
usable by individuals with disabilities. Further, the ADA requires the removal of architectural
barriers and communication barriers that are structural in nature in existing facilities, where
such removal is readily achievable--that is, easily accomplishable and able to be carried out
without much difficulty or expense.
18. INDEMNIFICATION AND INSURANCE
a.The SUBRECIPIENT shall indemnify,protect, defend and hold harmless the CITY, its
officers, agents and employees fiom and against any and all claims, losses, liabilities,
damages, obligations, demands, litigation, judgments, suits, proceedings, costs,
disbursements or expenses, including without limitation, attorneys' and experts' fees
and disbursements, of any kind or of any nature whatsoever which may at any time be
imposed upon, incuned 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, 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
perfonnance 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 CITI' 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
thiriy (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 liinit
amount shall not be less than One Million Dollars ($1,000,000) per
occun-ence. 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.
ii. Automobile. If motor vehicles are used in perfoi-ming services hereunder,
automobile insurance coverage 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 primaiy and not contributing to any
insurance the CITY may have.
iii. Workers'Compensation. The SUBRECIl'IENT shall cany 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 CTTY program.
iv. Prope Dama e Insurance. For any construction activities for which the
SUBRECIPIENT receives Subgrant funding, the SUBRECIPIENT shall talce
out and maintain, or shall cause its contractor(s) to take out and maintain a
builder's"all rislc"policy of insurance in an amount not less than the completed
value of the improvements to be constructed on a replacement cost basis or an
all risk" basis, including inaterials ui storage and while in transit and extended
coverage,vandalism and malicious mischief.
v.Performance Bond for Construction Activities. Pursuant to the requu-ements
regarding performance bonding for construction contracts financed in whole or
in part with CDBG funds 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 consn-uction worlc
undertaken as part of performance under this Agreement in excess of$25,000,
copies of which shall be delivered to the CITY upon request.
vi. 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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b.The obligations of indemnity set forth in this Agreement shall survive the expiration
or earlier teirnination of this Agreement.
19. ASSIGNMENT
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 perfonnance of the
terms of this Agreement shall be null and void and shall constitute a material breach of this
Agreetnent upon which the CITY may, among its other remedies, 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 CTTY or the SUBRECII'IENT may ainend this Agr'eement 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 tlus Agreement,nor relieve or release the CITY or the SUBRECIl'IENT 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 pai t of this
Agreement, such modifications shall be incoiporated only by written amendinent
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
Agreernent in the form of a written atnendment 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 fiinds provided pursuant to tliis
Agreement;
ii. Are specifically requested by the SUBRECIPIENT or the CITY in writing no
later than 60 days prior to the end of the tei7n of this Agreement;
iii. Do not alter the total amount of funds provided under this Agreement;
Page 14 of 20
iv. Will not change the Program goals or scope of services;
v. Are in the best interests of the CITY, HUD and the SUBRECIPIENT in
performing the scope of services under this Agreement;
vi. If related to salaries, are in accordance with any applicable salaiy ordinances or
laws; and
vii. Do not exceed two (2) requests for budget amendments/modifications during
the Program Year.
21. WAIVER
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.
22. PROPERTY OWNERSHIP AND PROCUREMENT
a.Upon the expiration or earlier termination of this Agreement or in the event this
Agreement is not fully perfortned to the satisfaction of the CITY, any and all
nonexpendable furnishings, equipment or other personal property having a useful life
of more than one (1) year and a purchase price of three hundred dollars ($300) or
more purchased with any funds provided pursuant to this Agreement and not
consumed in the performance of this Agreement shall become the property of the
CITY. Such properry 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 property or
any interest in such real properiy, including any mortgage or other encumbrance of
real property as well as any funds derived from the sale or disposition of
nonexpendable property.
b.Real property acquired by the SUBRECIPIENT from funds made available by this
Agreement shall be used solely for the puiposes set forth in this Agreement. 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 talce possession of said property and all right, title and interest of the
SUBRECII'IENT in and to said property shall cease and terminate. A restriction
stating the above in a form acceptable to the City Attorney shall be placed on said
property deed at the time of acquisition by the SUBRECIPIENT. The
SUBRECIPIENT shall on deinand execute and deliver to the CITY a deed to said
property and such other instruments as the CITY may deem necessaiy 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.
Page 15 of 20
c.Properry 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 SUBRECII'IENT shall, obtain three (3) written and documented bids prior to
purchasing or leasing any nonexpendable personal propei-ty described in Attachment
A." The SUBRECIPIENT must purchase or lease from the lowest responsible
bidder. All nonexpendable propei ty 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 REQUIREMENTS
The SUBRECIPIENT shall comply with all applicable City, State of California, or other
governmental agency regulations and requirements, inchiding but not limited to issuance of
building permits,use permits, and variances.
24. STATUS OF SUBRECIPIENT
The SUBRECIl'IENT and the agents and employees of the SUBRECII'IENT in the performance of
this Agreement shall act in an independent capacity and not as officers or employees or agents of the
CTTY.
25. DRUGFREE WORKPLACE
SUBRECIPIENT shall provide a drug-free workplace by:
a.Publishing a statement notifying employees that the unlawful manufacture,
disn-ibution, dispensing, possession, or use of a controlled substance is prohibited in
the SUBRECIPIENT's workplace and specifying the actions that shall be talcen
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 SUBRECII'IENT's policy of maintaining a drug-free workplace;
Page 16 of 20
iii. Any available drug counseling, rehabilitation, and employee assistance
programs; and
iv. The penalties that may be imposed upon employees for drug abuse violations
occurring in the workplace;
c.Making it a requirement that each employee 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
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 (10) 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 tei nination, 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 di-ug-free workplace through
implementation of Subsections 25(a) through (.
26. DRUGFREE WORKPLACE CERTIFICATION
a.By signing this Agreement, the SUBRECII'IENT is providing the certification set out
in Section 25.
Page 17 of 20
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 detertnined 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 worlcplace(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) in Attachment "A" for the
perfoi rnance of work done in connection with this Agreement.
e.Definitions of terms in the Nonprocurement Suspension and Debarment common
rule and Diug-Free Workplace common rule apply to this certification. The
SUBRECIPIENT's attention is called, in particular, to the following definitions froin
these rules:
Connolled substance" means a cont olled substance in Schedules I through V of the
Connolled 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, disnibution, 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)temporaiy personnel and consultants who are
directly engaged in the perfoimance of work under this Agreement and who are not on
the SUBRECIl'IENT's payroll.
27. ANTI-LOBBYING
By signing this Agreement, the SUBRECIl'IENT 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
Page 18 of 20
loan, the entering into of any cooperative Agreement, and the extension,
continuation, renewal, amendment, or modification of any federal contract, grant,
loan, or cooperative Agreement;
b.If any funds other than federal appropriated funds have been paid or shall be paid to
any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee
of a Member of Congress in connection with this federal contract, grant, loan, or
cooperative Agreement, it shall complete and submit Standard Fornl LLL,
Disclosure of Lobbying Activities," in accordance with its instructions; and
c.This language on anti-lobbying of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and
contracts under grants, loans, and cooperative agreements) and that all subrecipients
shall certify and disclose accordingly.
28. SUCCESSORS i
This Agreement shall be binding upon and inure to the successors in interest of CITY and
SUBRECIPIENT in the same manner as if such party had been expressly named hereinafter.
29. NOTICE
All notices and communications between the parties shall be addressed as follows:
NOTICE TO Suzan Ehdaie, Housing Analyst
CITY: City of Orange
Community Development Department
300 East Chapman Avenue
Orange, CA 92866-1506
NOTICE TO Norma Hockensmith, President
SUBRECIPIENT: Assistance League of Orange, Califoniia, Inc.
124 South Orange Street
Orange, CA 92866-1506
SIGNATURES ON FOLLOWING PAGE.]
Page 19 of 20
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day
and year first above written.
SUBRECIPIENT" CITY"
ASSISTANCE LEAGUE OF ORANGE, CITY OF ORANGE
CALIFORNIA, INC.
B B GY• Y•
Norma ckensmith k Ott
President Ci anager
By:c""' ..
Anita Kantak
Secretary
APPROVED AS TO FORM:
By:
Gary S a
1 ey
NOTE: CITY requires the following signature(s) on behalf of SUBRECIPIENT:
A. (1) the Chairman of the Soard, the President or a VicePreside t, 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 corparate officer
holds more than one corporate office,please so indicat OR
B. The corporate officer, Executive Director, or other person named in a corporate
resolution as authorized to enter into this Agreemen A copy of the co porate
resodution, certified by the Secretary close in time to the execution of the
Agreement, must be provided to CITY with the executed Agreemen
Page 20 of 20
ATTACHMENT "A"
PROGRAM DESCRIPTION
Beneath this sheet.]
FY 2020-21
CITY OF ORANGE
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
Subrecipient Agreement
ATTACHMENT "A"
1. Nonprofit Organization
Nonprofit Name: Assistance League°of Orange
Director: Norma Hockensmith,President
Contact Person: Cha'rlotte Vaughn
Title: Grants Chairman
Phone:714)974=1811
E-mail: cvaughnvp@aol.com
2. Project/Program Title: Operation School Bell
3. Project/Program Location: 124 S. Orange St. Orange,CA 92866
4. Funding Period:July 1,2020 -June 30,2021
5. CDBG Funds Amount: 18;000
6. Funding Summary:
Total
Program/Project .Other Fund g
Cost Category ' CDBG Funds
oU:
Bedgat "
All Fundtng
Source's
1.Personnel Services
0.00 0.00 0.00
Salaries, benefits, etc.)
2.Miscellaneous Program/Project Costs
O ce supplies, travel expenses,professional 18,000.00 80,000.00 98,901.00
services, etc.)
3.Capital Outlay 0.00 0.00 0.00
Property acquisition, construction costs, etc.)
4.TOTAL 18,000.00 80,000.00 98,901.00
7. Activity Summary:
Describe project/program for which CDBG funds will be used.
The Operation School Bell program will provide school clothing, a shoe voucher and a personal
grooming kit for children from low-income families who attend Kindergarten through 8th grade
in the Orange Unified School District.
z
Tixuel ne ._,, ;
s
geimbursed Ex endituiresr . :
Q l -2020
Q2-2020 6,240
Q3 -2021 11,760
Q4-2021 0
Attachment "A"
Page 1 of 1
8. Estimated Accomplishments and estimated timelines:
Describe planned goals and accomplishments.
E t.#
L b
4: I
tF S L'tS
timeline wMilestone Served
Q1 -2020 Planning for Operation School Bell year
Purchasing of clothing and hygiene products.
New Eligibility Certification;forms prepared and distributed
Train school aids on CDBG guidelines and forms
Students scheduled for"dressing"appointments 0
Q2-2020 Junior High student dressing appointments take place
Elementary student dressings begin
Some purchasing may contiriue to take place 97
Q3 -2021 Elementary student dressings continue and are completed 158
Q4-2021 Inventory
Program evaluation 0
With the $18,000 CDBG funding we will provide 255 elementary students with the above
described clothing, shoe voucher and grooming kit.
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.
Assistance League of Orange serves the Orange Unified School District. We have
identified 12 elementary and 4 junior high schools from which we regularly schedule
students for Operation School Bell clothing. Students must qualify for the free or reduced
fee lunch program at school. They all qualify as low income families by asking them to
self-certify their income. Please see Attachment "A" — Exhibit 1. The yellow shaded
areas are regularly covered Operation School Bell school boundaries.
Attachment "A"
Page 2 of 2
Attachment "A" — Exhibit 1
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Page 3 of 3