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AGR-6996 - COMMUNITY SERVICES DEPARTMENT - 2020-21 CDBG SUBRECIPIENT AFTER SCHOOL COMMUNITY PROGRAMS1 i R-l°I i o`b{- V.pF°OFv,r'''Y\ a F-' 1[ly`}, I j a 2 q.'11.b,ti4:, q?LfYfY GP FY 202Q-21 COIYIMUNITY DEVELOPMENT BL4CI GRANT FROGI AM MEMORANDUM 4F UNDERSTANDING The CITY OF ORANGE, a municipal corporation (the "GITY"), has received Community Development Block Grant ("CDBG") funds from the United States Department of Housing and Urban Development HUD") under Title 1 of the Housing and Urban Development Act of 1974, as amended (the "Act") and under Grant Number B-20-MC-06-0507. The CDBG Program is listed in the Catalog of Federal Domestic Assistance ("CFDA") under CFDA Number 14.218. The CITY desires, as of July 1, 2020 (the Effective Date"), to authorize the CITY's COMMLJNITY SERVICES DEPARTMENT (the DEPARTMENT") to provide After-School Community Programs (the "Program") as one of the programs to be funded by the CITY from the FY 2020-21 CDBG grant as set forth in the CITY's FY 2020-21 Action Plan, and as more particularly set forth in Attachment "A" to this Memorandum of Understanding (the "Memorandum"). This Memorandum sets forth the obligations of the DEPARTMENT regarding the Program. 1. DESCRIPTION OF PROGRAM The DEPARTMENT has provided an attachment to this Memorandum designated as 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 Memorandum; 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). Attachment "A" is attached hereto and incorporated herein by this reference and shall form the basis of performance monitoring. 2. COMPENSATION The CITY shall pay, for Program costs with FY 2020-21 CDBG funds allocated to the CITY by HUD. Under this Memorandum, the CITY shall have no obligation to fund all or any portion of the Program out of its General Fund or from any other source except CDBG funds. The use of the General Fund for any non-CDBG Program costs shall be governed under a separate contract. The CDBG funds shall be disbursed to the DEPARTMENT, subject to availability and approval by HUD, in an amount not to exceed Forty-Three Thousand One Hundred Seventy Dollars and 00/100 ($43,170.00). Said CDBG funds were approved by the CITY Council on April 14, 2020. Page 1 of 7 i The funds to be disliursed under this Memorandum shall include all related costs in accordance with the limitations a'nd funding requirements set forth in Attachment"A" hereto. Only expenditures incurred from Jul;y 1, 2020 through June 30, 2021, shall be considered by the CITY for payment. ' 3. USE OF FUNDS The DEPARTMENT shall use all fiinds provided pursuant to this Memorandum exclusively for the purpose of implementing its approved Program as described in Attachment "A," or as it may be later amended. No funds provided by the CITY to the DEPARTMENT under this Memorandum shall be used for any political activity whatsoever or for any other purpose. The DEPARTMENT shall use monies received under this Memorandum 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 Memorandum. All services provided hereunder shall conform to all federal, state and local laws, rules and regulations. 4. TIME OF PERFORMANCE AND CHANGESBUDGET MODIFICATION/SUSPENSION AND TERMINATION The DEPARTMENT shall expend the funds within a time period not exceeding twelve (12) consecutive months following the Effective Date of this Memorandum unless the DEPARTMENT has obtained written authorization from the City Manager to change the time of performance. The City Manager or his designee may grant time of performance modifications to this Memorandum when such modificat ions: a. Are requested in writing by the DEPARTMENT; b. Will not charige the Program goals or scope of services; c. Are in the.best interests of the CITY and DEPARTMENT in performing the scope of services under this Memorandum; d. Do not alter the amount of funding allocated to the DEPARTMENT under this Memorandum; and e. Are approved'in writing by the City Manager or his designee in the form of an amendment hereto. The City Manager or his designee may increase the amount of funding allocated to the DEPARTMENT under this Memorandum when such increase is warranted, does not exceed the statutory 15% funding cap for Public Servi'ces, is approved by the City Council, and is approved in writing by the City Manager(or his designee)in the form of an amendment hereto. The authorization granted by this Memorandum may be terminated by the CITY at any time. The CITY may, from time to time, make changes in the scope of services to be performed hereunder and Page 2 of 7 will so notify the DEPARTMENT in writing. The CITY reserves the right to reduce funding allocations contained in this Memorandum at any time and for any reason. In accordance with the requirements of 24 CFR Section 85.43 and other applicable provisions of this Memorandum, the CITY, acting through its City Manager, may, in its sole discretion, suspend or terminate this Memorandum if the DEPARTMENT materially fails to comply with any term or provision of this Memorandum: The Memorandum and the funds allocated hereunder may also be terminated for convenience as provided for in 24 CFR Section 85.44. Upon receipt of notice, the DEPARTMENT shall immediately 'cease the rendition of services and the expenditure of any funds, unless the notice provides otherwise. 5. REVERSION OF ASSETS Upon the earlier to occur of termination of this Memorandum or within five (5) CITY business days following the end of FY 2020-21, the DEPARTMENT shall transfer to the CITY any undisbursed funds or accounts receiva6le attributable to the use of CDBG funds. As provided for in 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: a. Continue to be used to meet one of the National Objectives as set forth in Section 570.208 of the CDBG Regulations for at least five (5) years from the expiration of the term of this Memorandum;or b. 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 Memorandum. 6. PROGRAM INCOME Any income earned by the DEPARTMENT as a result of the CDBG-funded Program must be returned to the CITY within 30 days of its receipt. 7. RECORD-KEEPING REQUIREMENTS The DEPARTMENT shall maintain, on a current basis, a Program records file and an adequate accounting system pursuant to the provisions of Sections 570.502 and 570.506 of the CDBG Regulations and in accordance with generally accepted accounting principles and standards. The Program shall meet the National Objective of benefiting Low and Moderate Income persons in the limited clientele category under 24 CFR 570.208(a)(2)(i)(B), under which the DEPARTMENT is obligated to require information on family size and income so that it is evident that at least 51% of the clientele are persons whose family income does not exceed the Low and Moderate Income Limit published by HUD. Page 3 of 7 The DEPARTMENT shall maintain detailed records in a format prescribed by the CITY to demonstrate compliance with the CDBG Regulations. Said records shall include a description of the benefit provided, the total number of Program beneficiaries, and demographic data for each beneficiary including, but not limited to: household size; annual gross household income; income category (i.e., Extremely Low, Very Low, Low, Moderate, or Above Moderate); household type i.e., Elderly, Family, or Disabled); Ethnicity; Race; and Female Head of Household designation, if applicable. Except in the event of any litigation, claim, negotiation, audit or other action started before the expiration of the four-year records retention period, the DEPARTMENT shall retain all financial and programmatic records, supporting documents, statistical records and other records, which are pertinent to the Program or this Memorandum (the "Records"), for at least four (4) years after the DEPARTMENT submits to the CITY its final Annual Summary Report for the Program. The DEPARTMENT shall make available for inspection to authorized CITY and HLJD personnel, the DEPARTMENT's Records pertaining to the Program and allow those personnel to inspect and monitor its facilities and Program operations, including the interview of the DEPARTMENT'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. 8. PROGRAM REPORTS The DEPARTMENT shall provide to the CITY's CDD, on forms provided by CDD, a Quarterly Performance Report on the status of the Program, and evidence of compliance with CDBG Regulations no later than the 15th day of each October, January, April, and July during the term of this Memorandum. If any of those dates fall on a Saturday, Sunday or other day on which CITY is not generally open for business, then the submittal date for such Quarterly Performance Report shall be extended to the next following CITY business day. Said Reports shall at a minimum provide sufficient information to assess performance against the specifications included in Attachment"A." The DEPARTMENT shall maintain Program data and make available Program Records that might be required for the annual evaluation (as hereinafter defined). The DEPARTMENT shall be required to compile and maintain, as part of the Records, files that verify that'Program recipients, clients or beneficiaries met applicable Program eligibility requirements pursuant to 24 CFR Part 570.506. The DEPARTMENT shall submit a cumulative FY 2020-21 Annual Summary Report no later than July 15, 2021 to CDD. The Annual Report shall include cumulative beneficiary statistics and Program accomplishments from July 1,2020 through June 30,2021, and the status of the Program as of June 30, 2021; and shall provide CDD with such information as may be reasonably required at various times for reporting to HUD, the City Council and other citizen committees. Page 4 of 7 i 9. UNIFORM ADMINISTRATIVE REQUIREMENTS The DEPARTMENT shall inform itself of all the requirements set forth in Subpart J of the CDBG regulations and to dhere to all applicable grant administration requirements established therein. To the extent not required under the regulatory references cited above, the DEPARTMENT shall maintain all Records that the CITY is obligated by HUD to maintain by virtue of its status as a subrecipient of CDBG funds under Section 570.506 of the CDBG Regulations. 10. OTHER PROGRAM REQUIREMENTS The DEPARTMENT shall comply with the provisions of Subpart K of the CDBG regulations that are applicable to the Program approved under this Memorandum The DEPARTMENT shall comply with the provisions of 24 CFR Subtitle B, Chapter 1, Subchapter B, Part 1 35, Economic Opportunities for Low and Very-Low Income Persons that are applicable to the Program approved under this Memorandum. The DEPARTMENT shall comply with the provisions of the "Notice of Outcome Performance Measurement System for Community Planning and Development Formula Grant Programs," published in Federal Register Volume 71,No. 44 on March 7, 2006. The DEPARTMENT shall comply with all requirements of the Office of Management and Budget OMB") guidance on Uniform Adininist ative Requirements, Cost Principles, and Audit Requirements for Federal Awards(2 CFR Part 200). Property acquired in whole or in part with funds provided pursuant to this Memorandum shall be managed in accordance with the applicable provisions of the OMB Super Circular and any amendments that might become effective thereto during the term of this Memorandum. The DEPARTMENT shall obtain three (3) written and documented bids prior to purchasing or leasing any nonexpendable personal property described in Attachment "A." The DEPARTMENT must purchase or lease from the lowest responsible bidder. All nonexpendable property purchased or leased pursuant to this Memorandum shall be properly identified and inventoried and shall be charged at its actual price, deducting all cash discounts, rebates and allowances received by the DEPARTMENT. This inventory shall be provided to the CITY upon request. 11. COMPLIANCE WITH FEDERAL AND STATE LAW AND CERTIFICATION AND ASSURANCES The DEPARTMENT acknowledges that it understands that the funds for this Memorandum were originally provided by HUD and that, consequently, the expenditure of these funds is subject to specific requirements set forth in various federal regulations and agreements between the CITY and HUD. In particular, this Memorandum is subject to requirements contained in the CDBG Page 5 of 7 i regulations and the Act. The DEPARTMENT shall ensure compliance with all federal requirements in all subcontracts or subgrants entered into pursuant to this Memorandum. 12. INTERPRETATION In the event there are inconsistencies or conflicts in this Memorandum or any attachments hereto, unless otherwise provided herein the inconsistencies shall be resolved by giving precedence in the following order: a. The Act, including any amendments thereto; b. The CDBG ,Regulations, as approved by the Secretary of HUD; and any additional regulations codified in the CFR applicable to the CDBG Program; and,thereafter, c. The provisions of this Memorandum and its attachments. In case of conflict between the terms of this Memorandum and the terms contained in any document attached as an attachment or exhibit, the terms of this Memorandum will strictly prevail unless the terms are in conflict with federal, state or local law, in which case that particular law shall strictly prevail. IN WITNESS WHEREOF, the parties have caused this Memorandum to be executed as of the Effective Date. CITY" CITY OF ORANGE, a municipal corporation r By: c Otto City Manager APP OVED AS TO FORM: ary S atz A o Remainder of Signatures on next page] Page 6 of 7 i The terms and conditions of the foregoing Memorandum are understood and accepted: DEPARTMENT" COMMUNITY SERVICES DEPARTMENT, a department of the City of Orange By. Bonnie Haga Director Page 7 of 7 ATTACHMENT "A" PROGRAM DESCRIPTION Beneath this sheet.] CITY OF ORANGE FY 2020-21 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Memorandum of Understanding ATTACHMENT A" 1. Name of Department: Community Services Department 2. Department Director: Bonnie Hagan 3. Contact Person: Emily Bustamante . 4. Contact Telephone Number: 714-744-5599 5. Name of Program: After-School Community Programs 6. Program Locations/Addresses:El Camino Park-400 N.Main St., 92866 Grijalva Park at Santiago Creek- 368 N. Prospect Ave., 92869 Killefer Park—615 N. Lemon St., 92868 7. Funding Period: July 1,2020 -June 30, 2021 8. CDBG Subgrant Amount: 43,170 9. Funding Summary: Total Program City of Orange Other Fundiug Budget Cost Category CDBG Subgrant Sources All Funding Sources) A. Personnel Services 43,170 97,057 140,227 Salaries, benefits, etc.) B. Miscellaneous Program Costs Offce supplies, travel expenses,professional 0 3,000 3,000 services, etc.) C. CapitalOutlay Property acquisition, construction costs, etc.) D. TOTAL 43,170 100,057 143,227 10. Activity Summary: Briefly describe program for which CDBG funds will be used. These programs will provide supervised after-school recreation activities with a tutoring component for children 5-13 years of age at El Camino Real, Grijalva, and Killefer Parks. The activities will include, but are not limited to homework assistance, tutoring, organized sports, team buildirig games, nutrition education, arts and crafts, and various special interest work. Attachment "A" Page 1 of 2 Timeline Reimbursed Ex enditures Q1 -2020 10,792.50 Q2-2020 10,792.50 3-2021 10,792.50 Q4-2021 10,792.50 11. Estimated Accomplishments: Describe planned accomplishments. We anticipate serving 150 people. This number is significantly lower than the previous year's goal of 300 due to the current State Health and Safety Guidelines in place requiring social distancing and lower ratios of 1 staff to 10 students. Est.# Students Timeline Milestone Served Q1 -2020 Re-open After-School Community Programs at 3 sites 60 Q2-2020 Continue offering After-School Community Programs at 3 sites 30 Q3 -2021 Continue offering After-School Community Programs at 3 sites 30 Q4-2021 Continue offering After-School Community Programs at 3 sites 30 12. Beneficiaries: Provide how income is determined and the estimated number ofpeople that will be served from July 1, 2020 through June 30, 2021. Each participant will be required to submit a Client Eligibility Certification prior to attending the After=School Community Program which will request their household's gross annual income. Lower #Moderate # Above Beneficiaries Moderate Persons Served) Income Income Income Total Persons Persons persons Orange Residents 141 3 0 144 Non-Orange Residents 3 3 0 6 Total Beneficiaries 144 6 0 150 Attachment "A" Page 2 of 2 AVE. 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