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FY 2025-26
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
SUBRECIPIENT AGREEMENT
THIS COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM SUBRECIPIENT
AGREEMENT ("Agreement") is entered into as of July 1, 2025 (the "Effective Date"), by and between the
CITY OF ORANGE, a municipal corporation (hereinafter referred to as the "CITY"), and FRIENDLY
CENTER, INC., a California nonprofit corporation (hereinafter referred to as the "SUBRECIPIENT"), with
reference to the following:
RECITALS
WHEREAS, CITY receives Community Development Block Grant (hereinafter referred to as
"CDBG") funding from the United States Department of Housing and Urban Development (hereinafter referred
to as "HUD") under Grant Number B-25-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 (hereinafter referred to as "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 2025-26 Annual Action Plan, and as more particularly described in
Attachment "A" attached hereto and made a part hereof by this reference (hereinafter referred to as the
"Program").
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).
Agreement shall be used exclusively for the purpose of implementing the Program described in
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AGR-7862.0.5 Initial
FY 2025-26
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
SUBRECIPIENT AGREEMENT
Docusign Envelope ID: 6BODECAF-CFBC-47E6-B37B-93A26C3EB303
WHEREAS, the SUBRECIPIENT represents that it has the organization, facilities and personnel to
carry out the Program in accordance with the purpose of this Agreement.
NOW, THEREFORE, IT IS MUTUALLY 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, rules and regulations.
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 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 2025-
26.
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 2025-26, the SUBRECIPIENT shall transfer to the CITY any
undisbursed funds or accounts receivable attributable to the use of CDBG funds; and
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WHEREAS, the SUBRECIPIENT represents that it has the organization, facilities and personnel to
carry out the Program in accordance with the purpose of this Agreement.
NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
USE OF FUNDS
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PROGRAM INCOME
Any income earned by the SUBRECIPIENT as a result of the CDBG-funded Program must be returned
to the CITY within thirty (30) days of its receipt.
6. GRANT ADMINISTRATION AND OTHER PROGRAM REQUIREMENTS
By its signature hereinbelow, the SUBRECIPIENT shall comply with all of the requirements of
Subpart J of the CDBG Regulations and to adhere to all applicable grant administration requirements
established therein.
To the extent not required under the regulatory references cited above, the SUBRECIPIENT shall
maintain all Program administration and financial records that the CITY is obligated to maintain by HUD
by virtue of its status as a subrecipient of CDBG funds under 24 CFR Section 570.506 of the CDBG
Regulations.
The SUBRECIPIENT shall comply with the provisions of Subpart K of the CDBG Regulations that
are applicable to the Program approved under this Agreement.
The SUBRECIPIENT shall comply with all requirements of the Office of Management and Budget
("OMB") guidance on Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards (2 CFR Part 200).
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.
The SUBRECIPIENT shall comply with the provisions of the "Notice of Outcome Performance
Measurement System for Community Planning and Development Formula Grant Programs".
PAYMENT
a. Consideration:
The CITY shall pay to the SUBRECIPIENT as consideration for the services to be performed
under this Agreement, an amount not to exceed the amount of the Subgrant, which shall be
used in accordance with the Program performance schedule set forth in Attachment "A"
hereto. If the number of Program beneficiaries served during the billing period in question is
less than the number of Program beneficiaries estimated to be served by the SUBRECIPIENT
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PROGRAM INCOME
Any income earned by the SUBRECIPIENT as a result of the CDBG-funded Program must be returned
to the CITY within thirty (30) days of its receipt.
6. GRANT ADMINISTRATION AND OTHER PROGRAM REQUIREMENTS
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C. Documentation of Requests for Payment:
All Requests for Payment shall be accompanied by the following supporting documentation:
i. Verification of all items for which payment is being requested (e.g., copies of receipts,
invoices, payroll records and canceled checks paid for Program costs); and
ii. A budget status report showing the line item budget, previously submitted expense(s),
the expense(s) for which reimbursement is sought, and the balance of each line item;
and
iii. Verification of the number of Program beneficiaries served during the billing period
including 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 thirty 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
Federal compliance documentation submitted by the construction contractor retained under
contract by the SUBRECIPIENT. The SUBRECIPIENT shall not pay its contractor prior to
the CITY'S verification and approval of submitted documentation.
f. As required by 2 CFR Part 200 and 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 reimbursement 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.
RECORD -KEEPING REOUIREMENTS
a. The SUBRECIPIENT shall maintain, on a current basis, detailed financial and Program
management records as specified by the CITY pursuant to the provisions of 24 CFR Sections
570.502 (b) and 570.506 of the CDBG Regulations and in accordance with generally accepted
accounting principles and standards.
b. The Program shall meet the National Objective of benefiting Low and Moderate Income
persons in the limited clientele category pursuant to 24 CFR Section 570.208(a)(2)(i)(B) of
the CDBG Regulations, under which the SUBRECIPIENT is obligated to require information
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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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d. All records pertaining to the Program subject to this Agreement shall be maintained by the
SUBRECIPIENT for a period of five (5) years from the Effective Date of this Agreement or
from the date of earlier 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 151 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 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 2025-26 Annual Summary Report no later
than July 15, 2026. The Annual Report shall include cumulative beneficiary statistics and
accomplishments from July 1, 2025 through June 30, 2026, and the status of the Program as
of June 30, 2026.
10. CONFLICT OF INTEREST
No member, officer, or employee of the SUBRECIPIENT, or its designees or agents, who exercises
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
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d. All records pertaining to the Program subject to this Agreement shall be maintained by the
SUBRECIPIENT for a period of five (5) years from the Effective Date of this Agreement or
from the date of earlier 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
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i. The SUBRECIPIENT shall not discriminate against any employee or applicant for
employment because of race, color, religion, sex, national origin, handicap or familial
status. The SUBRECIPIENT shall take affirmative action to ensure that applicants
are employed, and that employees are treated during employment, without regard to
their race, color, religion, sex, national origin, handicap or familial status. Such action
shall include, but not be limited to the following: employment, upgrading, demotion
or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay
or other forms of compensation; and selection for training, including apprenticeship.
The SUBRECIPIENT shall post in conspicuous places, available to employees and
applicants for employment, notices to be provided by the contracting officer setting
forth the provision of this nondiscrimination clause.
ii. The SUBRECIPIENT shall in all solicitations or advertisements for employees placed
by or on behalf of the SUBRECIPIENT, state that all qualified applicants shall receive
consideration for employment without regard to race, color, religion, sex, national
origin, handicap or familial status.
iii. The 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.
V. The SUBRECIPIENT shall furnish all information and reports required by Executive
Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the
Secretary of Labor, or pursuant thereto, and shall permit access to its books, 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
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i. The SUBRECIPIENT shall not discriminate against any employee or applicant for
employment because of race, color, religion, sex, national origin, handicap or familial
status. The SUBRECIPIENT shall take affirmative action to ensure that applicants
are employed, and that employees are treated during employment, without regard to
their race, color, religion, sex, national origin, handicap or familial status. Such action
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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 of September 24, 1965, with a subcontractor debarred from, or who has not
demonstrated eligibility for government contracts and Federally -assisted construction
contracts pursuant to said Executive Order and shall carry out such sanctions and penalties for
violations of the equal opportunity clause as may be imposed upon contractors and
subcontractors by the United States Department of Labor or Secretary of Labor pursuant to
Part II, Subpart D of said Executive Order. In addition, 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 SUBRECIPIENT; and
refer the case to the United States Department of Justice for appropriate legal proceedings.
12. FEDERAL LABOR STANDARDS
The SUBRECIPIENT and all subcontractors engaged by the SUBRECIPIENT under contracts in excess
of $2,000 for the construction, completion or repair of any building or work financed in whole or in part
with assistance provided under this Agreement, shall comply with HUD requirements pertaining to such
contracts and the applicable requirements of the regulations of the United States Department of Labor
under 29 CFR Parts 3, 5 and 5a, governing the payment of wages and the ratio of apprentices and trainees
to journeymen; provided, that if wage rates higher than those required under such regulations are imposed
by State or local law, nothing hereunder is intended to relieve 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 subject to such regulations, provisions meeting the requirements of the
Federal Labor Standards. In order to ensure compliance with said standards, the SUBRECIPIENT shall
obtain necessary specifications from an authorized representative 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 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.
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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 of September 24, 1965, with a subcontractor debarred from, or who has not
demonstrated eligibility for government contracts and Federally -assisted construction
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b. The parties to this Agreement shall comply with HUD regulations in 24 CFR, Subtitle B,
Chapter I, Subchapter B, Part 135, which implement Section 3. As evidenced by their
execution of this Agreement, the parties to this Agreement certify that they are under no
contractual or other impediment that would prevent them from complying with the regulations
set forth in 24 CFR, Subtitle B, Chapter I, Subchapter B, Part 135.
C. The contractor shall send to each labor organization or representative of workers with which
the contractor has a collective bargaining agreement or other understanding, if any, a notice
advising the labor organization or workers' representative of the contractor's commitments
under this Section 3 clause, and shall post copies of the notice in conspicuous places at the
work site where both employees and applicants for training and employment positions can see
the notice. The notice shall describe the Section 3 preference, shall set forth minimum number
and job titles subject to hire, availability of apprenticeship and training positions, the
qualifications for each; and the name and location of the person(s) taking applications for each
of the positions; and the anticipated date the work shall begin.
d. The contractor shall include this Section 3 clause in every subcontract subject to compliance
with regulations in 24 CFR, Subtitle B, Chapter I, Subchapter B, Part 135 and shall take
appropriate action, as provided in an applicable provision of the subcontract or in this Section
3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR,
Subtitle B, Chapter I, Subchapter B, Part 135. The contractor shall not subcontract with any
subcontractor where the contractor has notice or knowledge that the subcontractor has been
found in violation of the regulations in 24 CFR Subtitle B, Chapter I, Subchapter B, Part 135.
e. The contractor shall certify that any vacant employment positions, including training
positions, that are filled (1) after the contractor is selected but before the contract is executed,
and (2) with persons other than those to whom the regulations of 24 CFR, Subtitle B, Chapter
I, Subchapter B, Part 135 require employment opportunities to be directed, were not filled to
circumvent the contractor's obligations under 24 CFR, Subtitle B, Chapter I, Subchapter B,
Part 135.
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-
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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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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 hazards; and
C. Control lead -based paint hazards to limit lead exposure to residents.
16. COMPLIANCE WITH AIR AND WATER ACTS
This Agreement is subject to the requirements of the Clean Air Act, as amended (42 U.S.C. 1857 et
seq.), the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 et seq.), and the
regulations of the Environmental Protection Agency ("EPA") with respect thereto, at 40 CFR Part 15,
as amended from time to time.
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, monitoring, entry, reports,
and information, as well as all other requirements specified in said Section 114 and Section
308, and all regulations and guidelines issued thereunder.
C. A stipulation that as a condition for the award of the contract, prompt notice shall be given of
any notification received from the Director, Office of Federal Activities, EPA, indicating that
a facility utilized or to be utilized for the contract is under consideration to be listed on the
EPA List of Violating Facilities.
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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
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The Americans with Disabilities Act (42 U.S.C. 12131; 47 U.S.C. 155.201, 218 and 225) (ADA)
provides comprehensive civil rights to individuals with disabilities in the areas of employment, public
accommodations, State and local government services, and telecommunications. It further provides that
discrimination includes a failure to design and construct facilities for first occupancy after January 26,
1993 that are readily accessible to and usable by individuals with disabilities. Further, the ADA requires
the removal of architectural barriers and communication barriers that are structural in nature in existing
facilities, where such removal is readily achievable hat 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 from and against any and all claims, losses, liabilities, damages,
obligations, demands, litigation, judgments, suits, proceedings, costs, disbursements or
expenses, including without limitation, attorneys' and experts' fees and disbursements, of any
kind or of any nature whatsoever which may at any time be imposed upon, incurred by or
asserted or awarded against 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 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.
i. General Liability. Such policy shall include, but is not limited to contractual liability,
public liability, and property damage coverage. This policy's single limit liability
amount shall not be less than One Million Dollars ($1,000,000). 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 performing services hereunder, automobile
insurance coverage must be obtained with not less than Five Hundred Thousand
Dollars ($500,000) single limit liability. The CITY its officers, agents, and employees
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The Americans with Disabilities Act (42 U.S.C. 12131; 47 U.S.C. 155.201, 218 and 225) (ADA)
provides comprehensive civil rights to individuals with disabilities in the areas of employment, public
accommodations, State and local government services, and telecommunications. It further provides that
discrimination includes a failure to design and construct facilities for first occupancy after January 26,
1993 that are readily accessible to and usable by individuals with disabilities. Further, the ADA requires
the removal of architectural barriers and communication barriers that are structural in nature in existing
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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
funds set forth under 2 CFR Part 200 the SUBRECIPIENT shall secure appropriate bid
and performance bonds for any construction work undertaken as part of performance
under this Agreement in excess of $25,000, copies of which shall be delivered to the
CITY upon request.
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.
b. The obligations of indemnity set forth in this Agreement shall survive the expiration or earlier
termination of this Agreement.
19. ASSIGNMENT
This Agreement is not assignable by 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 remedies, and without limitation, cancel, terminate or suspend this Agreement.
20. ALTERATION
No modification, amendment, supplement, alteration or variation in the terms of this Agreement shall
be valid unless made in writing and signed by the parties hereto.
21. TIME OF PERFORMANCE AND MODIFICATION, BUDGET MODIFICATION: SCOPE
OF WORK MODIFICATION
The CITY 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 CITY or the SUBRECIPIENT from its obligations under this Agreement.
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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
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a. Do not exceed ten percent (10%) of the funds provided pursuant to this Agreement;
b. Are specifically requested by the SUBRECIPIENT or the CITY in writing prior to January
7, 2026;
C. Do not alter the total amount of funds provided under this Agreement;
d. Will not change the Program goals or scope of services;
Are in the best interests of the CITY, HUD and the SUBRECIPIENT in performing the scope
of services under this Agreement;
f. If related to salaries, are in accordance with any applicable salary ordinances or laws; and
g. Do not exceed two (2) requests for budget amendments/modifications during the Program
Year.
22. WAIVER
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.
23. PROPERTY OWNERSHIP AND PROCUREMENT
a. Upon the expiration or earlier termination of this Agreement or in the event this Agreement is
not fully performed to the satisfaction of 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 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 property or
any interest in such real property, including any mortgage or other encumbrance of real
property as well as any funds derived from the sale or disposition of nonexpendable property.
b. Real property acquired by the SUBRECIPIENT from funds made available by this Agreement
shall be used solely for the purposes 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 take possession of
Docusign Envelope ID: 6BODECAF-CFBC-47E6-B37B-93A26C3EB303
a. Do not exceed ten percent (10%) of the funds provided pursuant to this Agreement;
b. Are specifically requested by the SUBRECIPIENT or the CITY in writing prior to January
7, 2026;
C. Do not alter the total amount of funds provided under this Agreement;
Docusign Envelope ID: 6BODECAF-CFBC-17EB-837B-93A26C3EB303
SUBRECIPIENT shall obtain three (3) written and documented bids prior to purchasing or
leasing any nonexpendable personal property 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).
24. OTHER REQUIREMENTS
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.
25. 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 CITY.
26. SUBRECIPIENT SHALL PROVIDE A DRUG -FREE WORKPLACE BY:
a. Publishing a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in 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;
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;
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Docusign Envelope ID: 6BODECAF-CFBC-47EB-537B-93A26C3EB303
SUBRECIPIENT shall obtain three (3) written and documented bids prior to purchasing or
leasing any nonexpendable personal property 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
Docusign Envelope ID: 6BODECAF-CFBC-47EB-B37B-93A26C3EB303
e. Notifying CITY in writing, within ten calendar days after receiving notice under Subsection
26(d) from an employee or otherwise receiving actual notice of such conviction. Employers
of convicted employees must provide notice, including position title, to every Subgrant officer
or other designee on whose Subgrant activity the convicted employee was working, unless the
CITY has designated a central point for the receipt of such notices;
f. Taking one of the following actions, within 30 calendar days of receiving notice under
Subsection 26(d), with respect to any employee who is so convicted:
i. Taking appropriate personnel action against such an employee, up to and including
termination, consistent with the requirements of the Rehabilitation Act of 1973, as
amended; or
ii. Requiring such employee to participate satisfactorily in a drug abuse assistance or
rehabilitation program approved for such purposes by a federal, State, or local health,
law enforcement, or other appropriate Department;
g. Making a good faith effort to continue to maintain a drug -free workplace through implementation
of Subsections 26(a), 26(b), 26(c), 26(d), 26(e), and 26(f).
27. DRUG -FREE WORKPLACE CERTIFICATION
a. By signing this Agreement, the SUBRECIPIENT is providing the certification set out in
Section 26.
b. The certification set out in Section 26 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) in Attachment "A" for the performance of work
done in connection with this Agreement.
e. Definitions of terms in the Nonprocurement Suspension and Debarment common rule and
Drug -Free Workplace common rule apply to this certification. The SUBRECIPIENT'S
attantinn ie rallari in nartirnlar to tlha fnllnxirinn ilafinitinna frnm /haea "Aaa-
Docusign Envelope ID: 6BODECAF-CFBC-47E8-B37B-93A26C3EB303
e. Notifying CITY in writing, within ten calendar days after receiving notice under Subsection
26(d) from an employee or otherwise receiving actual notice of such conviction. Employers
of convicted employees must provide notice, including position title, to every Subgrant officer
or other designee on whose Subgrant activity the convicted employee was working, unless the
CITY has designated a central point for the receipt of such notices;
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Docusign Envelope ID: 660DECAF-CFBC-47EB-B37B-93A26C3EB303
"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.
28. ANTI -LOBBYING
29.
By signing this Agreement, the SUBRECIPIENT is providing the certification set out in this Section
that:
a. No Federal appropriated funds have been paid or shall be paid, by or on behalf of the
SUBRECIPIENT, to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with the awarding of any federal contract,
the making of any Federal grant, the making of any Federal loan, the entering into of any
cooperative Agreement, and the extension, continuation, renewal, amendment, or
modification of any Federal contract, grant, loan, or cooperative Agreement;
b. If any funds other than Federal appropriated funds have been paid or shall be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with this Federal contract, grant, loan, or cooperative Agreement, it
shall complete and submit Standard Form LLL, "Disclosure of Lobbying Activities," in
accordance with its instructions; and
C. This language on anti -lobbying of this certification be included in the award documents for all
subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans,
and cooperative Agreements) and that all subrecipients shall certify and disclose accordingly.
This Agreement shall be binding upon and inure to the successors in interest of CITY and
SUBRECIPIENT in the same manner as if such party had been expressly named hereinafter.
30. NOTICE
All notices and communications between the parties shall be addressed as follows:
NOTICE TO Jessica Herrera, Housing Manager
Docusign Envelope ID: bBODECAF-CFBC-47E6-B37B-93A26C3EB303
"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.
28. ANTI -LOBBYING
Docusign Envelope ID: 6BODECAF-CFBC-47EB-B37B-93A26C3EB303
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year
first above written.
"SUBRECIPIENT"
FRIENDL Y CENTER, INC.
"CITY"
CITY OF ORANGE
DOCUSigned by: Signed by:
By: wua cudb po' By:
R42gCGEt@tb; I�:D. &@fUggli&fibrand, City Manager
President
ATTEST:
sbo.d W.
By:
.City Clerk
APPROVED AS TO FORM:
pned by:
By:Es!--�
4Ffi 4 6*tan
Senior Assistant City Attorney
NOTE: CITYrequires the following signature(s) on behalf of SUBRECIPIENT.-
A. (1) the Chairman of the Board, the President or a Vice -President, AND (2) the Secretary, the Chief Financial
Officer, the Treasurer, an Assistant Secretary or an Assistant Treasurer. If only one corporate officer exists or one
corporate officer holds more than one corporate office, please so indicate. OR
B. The corporate officer, Executive Director, or other person named in a corporate resolution as authorized to enter
into this Agreement. A copy of the corporate resolution, certified by the Secretary close in time to the execution of
the Agreement, must be provided to CITY with the executed Agreement.
Docusign Envelope ID: 6BODECAF-CFBC-47E8-B37B-93A26C3EB303
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year
first above written.
"SUBRECIPIENT" "CITY"
FRIENDLY CENTER, INC. CITY OF ORANGE
Docusign Envelope ID: 6BODECAF-CFBC-47E6-B37B-93A26C3EB303
FY 2025-26
CITY OF ORANGE
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
Subrecipient Agreement
1. Nonprofit Organization
• Nonprofit Name:
• Director:
• Contact Person:
• Title:
• Extension:
E-mail:
2. Project/Program Title:
3. Project/Program Location:
4. Funding Period:
5. CDBG Funds Amount:
6. Funding Summary:
ATTACHMENT "A"
Friendly Center, Inc.
Kenia Cueto, PH.D.
Jessica Ruelas
Director of Programs
714-771-5300 x 136
Jessica@friendlycenter.org
Community Food Orange
147 W. Rose Avenue, Orange 92867
Mailing Address: PO Box 706, Orange 92856
July 1, 2025 - June 30, 2026
$14,658
Total
Other Funding
Program/Project
Cost Category
CDBG Funds
Sources
Budget
(All Funding
Sources
1. Personnel Services
$ 14,658
S 33,377
$ 48,035
Salaries, benefits, etc.
2. Miscellaneous Program/Project Costs
(Office supplies, travel expenses, professional
$ 0
$ 651,506
$ 651,506
services, etc.)+Inkind Value
3. Capital Outlay
$ 0
$0
$ 0
(Property acquisition, construction costs, etc.
4. TOTAL
$ 14,658
$ 684,883
$ 699,541
7. Activity Summary:
nperriha nrniPrt/,nrnarnm fnr which (''T)Rr: fimrle will ha iicPrl
Docusign Envelope ID: 6BODECAF-CFBC-47EB-B37B-93A26C3EB303
FY 2025-26
CITY OF ORANGE
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
Subrecipient Agreement
1. Nonprofit Organization
• Nonprofit Name:
• Director:
• Contact Person:
• Title:
ATTACHMENT "A"
Friendly Center, Inc.
Kenia Cueto, PH.D.
Jessica Ruelas
Director of Programs
Docusign Envelope ID: 6BODECAF-CFBC-47E8-B37B-93A26C3EB303
Timeline
Reimburse "E ' enditures
1 — 2024
$3,664.50
2 — 2024
$3,664.50
3 — 2025
$3,664.50
4 - 2025
$3,664.50
8. Estimated Accomplishments and estimated timelines:
Describe planned goals and accomplishments.
Timeline
Milestone „ I
Providing nutritious food to LMI Persons
Est. # LMI Persons Served with
CDBG funds
Q 1 — 2025
250
Q2 — 2025
Providing nutritious food to LMI Persons
200
Q3 — 2026
Providing nutritious food to LMI Persons
100
Q4 — 2026
Providing nutritious food to LMI Persons
50
We expect to provide 600 unduplicated individuals nutritious food through multiple Community
Food Orange 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.
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.
Attachment "A"
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