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Home My Public Portal About2018-07-01 CDBG Pathways of Hope Family Homelessness Regional Service CoordinationCITY OF FULLERTON 2018-2019 COMMUNITY DEVELOPMENT BLOCK GRANT- CFDA 14.218 Pathways of Hope Family Homelessness Regional Service Coordination THIS AGREEMENT is entered into this l st day of July, 2018 by and between the CITY of Fullerton, hereinafter referred to as "CITY" and Pathways of Hope. (DUNS # 555-890-946) P.Q. Box 6326, Fullerton, California, 92834, hereinafter referred to as "SUBRECIPIENT." RECITALS WHEREAS, CITY is in receipt of Community Development Block Grant (CDBG) funding from the United States Department of Housing and Urban Development, hereinafter referred to as "HUD," for the development and implementation of housing programs and services (Federal Award ID Number B -18 -MC -06-0504); and WHEREAS, CITY and SUBRECIPIENT are required to comply with the Housing and Community Development Act of 1974 (ACT) as amended and requirements related to the ACT to receive CDBG funding; and WHEREAS, HUD -assisted projects are subject to the enforcement of the Davis -Bacon Act, and if the State and Federal wage rates are applicable, then the higher of the two will be used; and WHEREAS, the Federal Labor Standards Provisions (Form HUD -4010) and the Federal Wage Determination are a part of this AGREEMENT and compliance will be enforced; and WHEREAS, the prime contractor chosen by the SUBRECIPIENT is eligible to participate in the program based on a review of IRS Exempt Organizations, Secretary of State Registry of Charitable Trusts, the most recent issue of "Lists of Parties Excluded from Federal Procurement or Non -procurement Programs;" to ensure compliance and WHEREAS, any contract/agreement resulting from this original SUBRECIPIENT AGREEMENT is subject to the enforcement of the Davis -Bacon Act and must contain the Federal Labor Standards Provisions (Form HUD -4010) and the Federal Wage Determination. Furthermore, it is the prime contractor's responsibility to ensure the inclusion of these documents in all contracts, subcontracts, and any lower -tier subcontracts entered into; and WHEREAS, SUBRECIPIENT has applied to CITY for a portion of CDBG funding, hereinafter referred to as the "SUBAWARD," and is a private, nonprofit California corporation, duly organized under the laws of the State of California, and whose officers are: Eric Azariah, Chairman; Debra Pember, Vice Chairman; Lin Garcia, Secretary; and Tom Pankow, Treasurer; and Page 1 of 32 Pathways of Hope- Family Homelessness Regional Service Coordination SUBRECIPIENT Agreement 2018-19 WHEREAS, all projects must meet at least one of the following primary objectives of the Act: 1) Principal benefit to low- or moderate -income families; 2) Aids in prevention or elimination of slums or blight; or 3) Meets other community development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health and welfare of the community where other financial resources are not available to meet such needs; and WHEREAS, SUBRECIPIENT is providing a program/project that principally benefits low- and moderate -income families. NOW, THEREFORE, in consideration of the following, the parties hereto mutually agree as follows: 1. PURPOSE OF AGREEMENT CITY is undertaking activities in the revitalization of the CITY, including the Community Development Block Grant (CDBG) program. The purpose of this AGREEMENT is for Pathways of Hopes to provide public services to low income residents of Fullerton. All services will be provided at 611 S. Ford Avenue Fullerton CA 92832, (the "Site") in which SUBRECIPIENT is located and operates its business. SUBRECIPIENT has applied for and been awarded the CDBG grant set forth in this AGREEMENT pursuant to 42 U.S.C. Sections 5301 et seq. and federal CDBG regulations set forth at 24 C.F.R. Part 570. Subsection 17 of Section 5305 of Title 42 of the United States Code expressly allows CDBG funds to be utilized to assist private, for profit entities to carry out economic development. CITY has determined that SUBRECIPIENT meets the qualifications of the CDBG regulations and SUBRECIPIENT has agreed to comply therewith. SUBRECIPIENT certifies that it will comply with all applicable Federal, State, and local laws, ordinances, regulations and directives, which govern the use of CDBG funds, including but not limited to those addressed in National Objectives CDBG Eligible Activities ( Attachment A), attached hereto and made a part hereof by this reference. SUBRECIPIENT agrees to provide unrestricted response to Fullerton residents seeking public services assistance. 1.1 Parties to the AGREEMENT Lid CITY CITY is a municipal corporation organized and existing under the laws of the State of California. The principal office of CITY is located at 303 W. Commonwealth Avenue, Fullerton, CA 92832. 1.1.2 SUBRECIPIENT Page 2 of 32 Pathways or Hope- Family Homelessness Regional Service Coordination SUBRECIPTENT Agreement 2018-19 SUBRECIPIENT shall provide staff to operate Family Homelessness Regional Service Coordination Program continuously during the term of this Agreement 611 S. Ford Avenue, Fullerton, CA 92832, or notify CITY if facility is relocated. 1.2 Term The term of the AGREEMENT shall be retroactive to the 1St day of July 2018, and end on the 30'h day of June 2019 for one year. Expiration of this Agreement shall be effective I" day of July, 2018 unless terminated earlier in accordance with the provisions of this Agreement. All funds shall be expended during the 2018-19 fiscal year (July 1, 2018 -June 30, 2019). 1.3 Extension This Agreement will not be extended unless approved in writing by the CITY. The Director of Community Development may grant time of performance modifications to this Agreement when such modifications 1) are requested in writing by the SUBRECIPIENT; 2) will not change the goals or scope of services described in this Agreement; 3) are in the best interest of the CITY and the SUBRECIPIENT in performing the scope of services; and 4) do not alter the amount of compensation in this Agreement at any time and for any reason. 1.4 Authority The qualifications and identity of SUBRECIPIENT and SUBRECIPIENT's business are of particular concern to CITY. It is because of those qualifications and identity that CITY has entered into this AGREEMENT with SUBRECIPIENT. No voluntary or involuntary successor in interest of SUBRECIPIENT shall acquire any rights or powers under this AGREEMENT except as expressly set forth herein. Any change in ownership, management and control shall be subject to the approval of the CITY, but such approval shall not be unreasonably withheld. SUBRECIPIENT shall not assign all or any part of this AGREEMENT without the prior written approval of the CITY, which written approval shall not be unreasonably withheld. 2. CONDUCT OF BUSINESS / SCOPE OF SERVICE 2.1 Activities In accordance with Title 24 Code of Federal Regulations (C.F.R.) Parts 570.200-208 and 570.503(b)(1) (the U.S. Housing and Urban Development regulations concerning Community Development Block Grants (CDBG), the SUBRECIPIENT will be responsible for administering a FY 2018-2019 CDBG Program Grant in a manner satisfactory to the CITY and consistent with any standards required as a condition of providing these funds. Such program will include the following activities eligible under the CDBG program: Administrative costs associated with the implementation of the Family Homelessness Regional Service Coordination Program that will serve Fullerton homeless. 2.2 Program Delivery Page 3 of 32 Pathways of Hope- Family Homelessness Regional Service Coordination SUBRECIPIENT Agreement 2018-19 SUBRECIPIENT will provide Family Homelessness Regional Service Coordination to homeless and/or those living in temporary shelter in order to for them to reach their goal of self— sufficiency. elfsufficiency. 2.2.1 General Administration In addition to the normal administrative services required as part of this AGREEMENT, the SUBRECIPIENT agrees to provide the following levels of program services: SUBRECIPIENT will provide services to 300 person of which 100 will be unduplicated Fullerton residents who are experiencing homelessness and/or those living in temporary shelters. 2.2.2. National Obiectives The SUBRECIPIENT agrees to maintain documentation that demonstrates that the activities carried out with funds provided under this Contract meet one or more of the CDBG program's national objectives 1) benefit low / moderate income persons, 2) aid in the prevention or elimination of slums or blight, 3) meet community development needs having a particular urgency - as defined in 24 C.F.R. 570.208. 2.2.3. Staff SUBRECIPIENT certifies the staff responsible to carry out the activities specified in 2.1. above, has adequate experience to implement the activity. Any changes in Key Personnel assigned or their general responsibilities under this AGREEMENT are subject to prior approval of CITY. SUBRECIPIENT shall notify the CITY in writing of all personnel authorized to submit payment requests and receive reimbursement checks. The SUBRECIPIENT's Executive Director or his or her designee, who is authorized, in writing, to sign, shall sign all payment requests. 2.3 Non-discrimination SUBRECIPIENT and any sub -contractor of SUBRECIPIENT must not discriminate against any person or deny benefits on the basis of race, color, religion, ethnic or national origin, sex, or on the basis of age or with respect to an otherwise qualified handicap or status. (CIVIL RIGHTS ACT OF 1964, TITLE VI AND TITLE I OF HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, SECTION 109 AS AMENDED.) and will not discriminate against any person applying for such public services on the basis of religion and will not limit such services or give preference to persons on the basis of religion; it will provide no religious instruction or counseling, conduct no religious workshop or services, engage in no religious proselytizing, and exert no other religious influence in the provision of such public services; 3. PAYMENT Page 4 of 32 Pathways of Nope- Family Homelessness Regional Service Coordination SUBRECIPIENT Agreement 2018-19 3.1 CITY Grant to SUBRECIPIENT CITY shall grant to SUBRECIPIENT the sum of TWENTY-FIVE THOUSAND_ Dollars ($25,000.00) (the "Grant") which shall be subject to the following terms related to its use, security, and repayment: 3.1.1 Budget The SUBRECIPIENT will submit a detailed contract budget of a form and content prescribed by the CITY for approval by the CITY. The CITY and the SUBRECIPIENT may agree to revise the budget from time to time in accordance with existing CITY policies. SUBRECIPIENT shall perform the activities described in Section I.A. consistent with the projected use of funds stated in SUBRECIPIENT'S application for funding. Deviations must be reported ahead of deviation on the appropriate federal forms - as defined in 24 C.F.R. 84. Line Item Amount Administrative Costs/Salaries/Benefits $25,000.00 Support/Overhead (Program Only) * Including: $ *Utilities $ *Rent $ *Postage $ Supplies and Materials $ Mileage $ Audit $ Indirect Costs (Specify) Raw Food Costs $ TOTAL $25,000.00 3.1.2 The Grant shall only be used for business operating expenses, at the discretion of SUBRECIPIENT, provided that the funds shall not be used for improvement, renovation, or construction work relating to SUBRECIPIENT's business. SUBRECIPIENT shall not be compensated for any work performed in connection with this Agreement which is in addition to or outside of those set forth in this Agreement unless such additional work is authorized in advance and in writing by CITY. 3.1.3 SUBRECIPIENT shall prepare an invoice to the CITY for payment of related/approved costs, detailing expenses incurred during the preceding quarter. The invoice shall detail charges by the following categories: labor (by sub -category), travel, materials, equipment, supplies and miscellaneous expenses. CITY shall independently review each invoice submitted by SUBRECIPIENT to determine whether the expenses incurred are in compliance with the provisions of this Agreement. 3.1.4 SUBRECIPIENT shall provide a Quarterly Progress Report (See Attachment B) with a reimbursement requests. Page 5 of 32 Pathways of Hope- Family Homelessness Regional Service Coordination SUBRECIPIENT Agreement 2018-19 3.1.5 If SUBRECIPIENT receives reimbursement for wages, the Supplemental Wage Sheet (see Attachment C) must be completed and provided with the invoice and Quarterly Progress Report. 3.1.6 CITY shall pay such invoice within thirty (30) days after receipt thereof, provided CITY is satisfied that such expenses were incurred within the scope of this Agreement and that SUBRECIPIENT is in compliance with the terms and conditions of this Agreement. 3.1.7 All Payment requests shall be submitted to: Rebecca Leifkes, Housing and Neighborhood Services Manager CITY of Fullerton 303 W. Commonwealth Avenue, 3ra Floor Fullerton, CA 92832 Drawdowns for the payment of eligible expenses shall be made against the line item budgets specific in Paragraph 3.1. herein and in accordance with performance on a reimbursement basis. Expenses for general administration shall also be paid against the line item budgets specified in paragraph 2.2.3. and in accordance with performance and 24 CFR 85.20(b) and 84.21. 3.1.8 Payments may be contingent upon certification of the SUBRECIPIENT's financial management system in accordance with the standards specified in 24 C.F.R.84 and in sufficient detail to determine cost eligibility and allowability per 24 CFR 85.20(b)(5) and 85.21. CITY may include an audit of the account maintained by SUBRECIPIENT in CITY's annual audit of all CDBG funds pursuant to federal regulations found in Title 24 of the Code of Federal Regulations and other applicable federal laws and regulations. 3.1.9 The CITY as a recipient of the CDBG funds, provided by the United States Department of Housing and Urban Development (HUD), requires that SUBRECIPIENT comply with all standard CDBG regulations and SUBRECIPIENT agrees to so comply. 3.2 Recapture 3.2.1 CITY shall have the right to recapture all or a portion of the SUBAWARD disbursed to SUBRECIPIENT should the SUBRECIPIENT fail to comply with all of the terms and conditions of this Agreement or any applicable federal laws and regulations, or refuse to accept any conditions which may subsequently be imposed by HUD. In the event that SUBRECIPIENT is unable to perform or defaults upon any provision contained herein, CITY shall have the right to recapture the full amount of SUBAWARD. Right to recapture shall specifically apply if SUBRECIPIENT fails to continuously operate the CDBG-funded facility for a minimum of five years from the execution of this Agreement. Any portion of SUBAWARD which remains unexpended or unencumbered at year-end may be recaptured by CITY. Page 6 of 32 Pathways of Hope- Family Homelessness Regional Service Coordination SUBRECIPIENT Agreement 20]5-19 3.2.2 If SUBRECIPIENT should cease business at the Site, SUBRECIPIENT shall repay, in cash, within fifteen (15) days following SUBRECIPIENT's receipt of written notification from the CITY to repay the balance due on the Grant Note. The term "cease business" shall mean when the Site is no longer used as the principal place of business for SUBRECIPIENT's restaurant business or the Site is vacant for two (2) weeks. SUBRECIPIENT shall give CITY written notice not less than thirty (30) days prior to cessation of business. . 3.2.3 If SUBRECIPIENT fails to meet its requirements in any six (6) month period, SUBRECIPIENT shall not be entitled to the entire amount at the end of the Term. If SUBRECIPIENT fails to meet is requirements in any two (2) succeeding six (6) month periods, SUBRECIPIENT shall not be entitled to the annual amount remaining, and this AGREEMENT shall terminate. 4. USE OF THE SITE 4.1. Permitted Uses The Site shall be used and operated by SUBRECIPIENT only for Shelter and Life Skills Training and related uses and SUBRECIPIENT shall not cease business as described in Section 2 herein. 4.2. Maintenance of the Site SUBRECIPIENT shall maintain the improvements on the Site and shall keep the Site free from any accumulation of debris or waste materials and shall remove any graffiti within 24 hours. SUBRECIPENT shall ensure facilities are accessible per Americans with Disabilities Act requirements to ensure all clients are able to access the facility and services. 4.3. Local Employment In addition to providing public services, to the greatest extent possible, SUBRECIPIENT shall endeavor to employ lower income Fullerton residents in its operations at the Site as applicable. (Section 3, Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701 et. sec.). 4.4. Duration of AGREEMENT The restrictions established in this AGREEMENT, without regard to technical classification and designation, shall be binding on SUBRECIPIENT and any successor in interest to the Site or any part thereof for the benefit and in favor of CITY, its successors and assigns, and the CDCC. The covenants contained in this AGREEMENT shall remain in effect for a period of three (3) years from the date of compliance. 5. DEFAULTS, REMEDIES AND TERMINATION Page 7 of 32 Pathways of Hope- Family Homelessness Regional Service Coordination SUBRECIPIENT Agreement 2018-19 5.1. Defaults - General Subject to the extension of time set forth in Section 6.4, failure or delay by either party to perform any term or provision of this AGREEMENT constitutes a default under this AGREEMENT. The party who so fails or delays must commence to cure, correct, or remedy such failure or delay within not less than sixty (60) days from the date of the default or delay and shall complete such cure, correction or remedy with reasonable diligence. If a default remains uncured, the injured party shall give written notice of uncured default to the party in default, specifying the default complained of by the injured party. Except as required to protect against further damages, the injured party may not terminate this AGREEMENT or institute proceedings against the party in default until fifteen (15) days after giving such notice. Delay in giving such notice shall not constitute a waiver of any default nor shall it change the time of default. In addition to any other rights or remedies, either party may institute legal action to cure, correct, or remedy any default, to recover damages for any default, or to obtain any other remedy consistent with the purpose of this AGREEMENT. Such legal actions must be instituted in the Superior Court of the County of Orange, State of California, or in any other appropriate court in that county, or in the United States District Court in the Central District of California. 5.2. Applicable Law and Venue The laws of the State of California shall govern the interpretation and enforcement of this AGREEMENT. Venue shall be in Orange County. 5.3. Termination 5.3.1 Without Cause -Failure to Obtain HUD Approval SUBRECIPIENT has agreed that the Grant to be made is under the CDBG program, funded by the United States Department of Housing and Urban Development (HUD), which requires that SUBRECIPIENT apply for such Grant which must be approved by the CITY of Fullerton acting as administrator of the funding provided by HUD. If SUBRECIPIENT's application should be denied by HUD, either CITY or SUBRECIPIENT shall have the right to terminate this AGREEMENT upon five (5) days written notice to the other. Upon such termination neither party shall have any further obligation to the other except for SUBRECIPIENT's obligation to indemnify CITY pursuant to Section 2 for obligations which have accrued before the date of such termination. 5.3.2 For Cause. If, for any cause, SUBRECIPIENT shall fail to fulfill in a timely and proper manner its obligations under this Agreement, or if SUBRECIPIENT shall violate any of the covenants, agreements, or stipulation of this Agreement, CITY shall thereupon have the right to terminate this Agreement by giving written notice to SUBRECIPIENT of such termination and specifying the effective date thereof at least ten (10) days before the effective date of such termination. Not withstanding the above, SUBRECIPIENT shall not be relieved of Page 8 of 32 Pathways of Hope- Family Homelessness Regional Service Coordination SUBRECIPIENT Agreement 201&19 liability to CITY for damage sustained by CITY by virtue of any breach of the Agreement by SUBRECIPIENT, and CITY may withhold any payments to SUBRECIPIENT for the purpose of set-off until such time as the exact amount of damages due CITY from SUBRECIPIENT is determined. 6. GENERAL PROVISIONS 6.1. Notices Demands and Communications Between the Parties Formal notices, demands and communications between the CITY and the SUBRECIPIENT shall be sufficiently given if in writing and personally delivered or sent by overnight courier (e.g. Federal Express), or by registered or certified mail, postage prepaid, return receipt requested, to the principal offices of the CITY and the SUBRECIPIENT, as designated in Section I.1. Such written notices, demands and communications may be sent in the same manner to such other addressees as either party may from time to time designate by mail as provided in this Section. Any written notice, demand or communication shall be deemed received immediately if delivered by hand and shall be deemed received on the fifth day from the date it is postmarked if delivered by registered or certified mail. All notices and other written communications under this AGREEMENT shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. To CITY: CITY of Fullerton CITY Clerk 303 W. Commonwealth Avenue Fullerton, California 92832 cc: Rebecca Leifkes, Housing Manager To SUBRECIPIENT: Fullerton Interfaith Emergency Service dba Pathways of Hope Attn: Kim Stinson P.O. Box 6326 Fullerton, CA 92834 A party may change its address by giving notice in writing to the other party. Thereafter, any notice, tender, demand, delivery, or other communication shall be addressed and transmitted to the new address. If sent by mail, any notice, tender, demand, delivery, or other communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, any notice, tender, demand, delivery, or other communication shall Page 9 of 32 Pathways of Hope- Family Homelessness Regional Service Coordination SUBRECIPIENT Agreement 2018-19 be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, State, County, or CITY holidays shall be excluded. 6.2. Political Activitv/Lobbyins! Certification No member, official or employee of CITY shall have any personal interest, direct or indirect, in this AGREEMENT nor shall any such member, official or employee participate in any decision relating to the AGREEMENT which affects his personal interests or the interests of any corporation, partnership or association in which it is, directly or indirectly, interested. SUBRECIPIENT warrants that it has not paid or given, and will not pay or give, any third party any money or other consideration for obtaining this AGREEMENT except for payments of SUBRECIPIENT's attorneys' and consultants' fees as SUBRECIPIENT may incur in preparation of this AGREEMENT. SUBRECIPIENT may not conduct any activity, including any payment to any person, officer, or employee of any agency or member of Congress in connection with the awarding of any federal contract, grant, or loan, intended to influence legislation, administrative rule-making or the election of candidates for public office during time compensated for under the contract or under representation that such activity is being performed as a part of the contract responsibility. SUBRECIPIENT shall comply with all applicable federal, state and county laws and regulations governing conflict of interest. 6.3. Non -liability of CITY Officials and Employees No member, official or employee of CITY shall be personally liable to SUBRECIPIENT, or any successor in interest, in the event of any default or breach by CITY or for any amount which may become due to SUBRECIPIENT or successor or on any obligations under the terms of this AGREEMENT. 6.4. Enforced Delay: Extension of Times of Performance In addition to specific provisions of this AGREEMENT, performance by either party hereunder shall not be deemed to be in default where delays or defaults are due to war; insurrections; strikes; lock -outs; riots, floods; earthquakes; fires; casualties; acts of God; acts of the public enemy; epidemics; quarantine restrictions; freight embargoes; lack of transportation; governmental restrictions or priority; litigation (including unlawful detainer actions and condemnation actions); unusually severe weather; inability to secure necessary labor, materials and tools; delays of any contractor, subcontractor or supplier; acts of the other party; acts or failure to act of the CITY or any other public or governmental entity (other than that acts or failure to act Page 10 of 32 Pathways of Hope- Family Homelessness Regional Service Coordination SUBRECIPIENT Agreement 2018-19 of CITY shall not excuse performance by CITY) or any other causes beyond the control or without the fault of the party claiming an extension of time to perform. An extension of time for any such cause shall be for the period of the enforced delay and shall commence to run from the time of the commencement of the cause. Times of performance under this AGREEMENT may also be extended in writing by CITY and SUBRECIPIENT. 6.5. Approvals Approvals required of CITY or SUBRECIPIENT shall be in writing and shall not be unreasonably withheld or delayed. 7. GENERAL CONDITIONS 7.1. General Compliance The SUBRECIPIENT agrees to comply with the requirements of 24 C.F.R. 570 including subpart K of these regulations, except that (1) the SUBRECIPIENT does not assume the recipients environmental responsibilities described in 24 C.F.R. 570.604 and (2) the SUBRECIPIENT does not assume the recipient's responsibility for initiating the review process under the provisions of 24 C.F.R. 52. The SUBRECIPIENT also agrees to comply with all other applicable Federal, state and local laws, regulations and policies governing the funds provided under this AGREEMENT. The SUBRECIPIENT further agrees to utilize the funds available under this AGREEMENT to supplement rather than supplant funds otherwise available. 7.2. Independent Contractor Nothing contained in this AGREEMENT is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. The SUBRECIPIENT shall at all times remain an "independent contractor" with respect to the services to be performed under this AGREEMENT. The CITY shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Worker's Compensation Insurance as the SUBRECIPIENT is an independent contractor. 7.3 Hold Harmless The SUBRECIPIENT shall hold harmless, defend and indemnify the CITY from any and all claims, actions, suits, charges and judgments whatsoever that arise out of the SUBRECIPIENT'S performance or nonperformance of the services or subject matter called for in this AGREEMENT. 7.4 Workers' Compensation The SUBRECIPIENT shall provide Workers' Compensation Insurance coverage for all employees involved in the performance of this AGREEMENT. 7.5 Insurance Page 1 I of 32 Pathways of Hope- Family Homelessness Regional Service Coordination SUBRECIPIENT Agreement 2018-19 The SUBRECIPIENT shall carry sufficient insurance coverage to protect contract assets from loss due to theft, fraud and/or undue physical damage, and as a minimum shall purchase a blanket fidelity bond covering all employees in an amount equal to cash advances from the CITY. The SUBRECIPIENT shall furnish the CITY with certificates of insurance which bear original signatures of authorized agents and which reflect insurers names and addresses, policy numbers, coverage, limits, deductibles and self-insured retentions. Additionally, SUBRECIPIENT shall furnish certified copies of all policy endorsements required herein. All certificates and endorsements must be received and approved by CITY before work commences under this Agreement. The CITY reserves the right to require at any time complete, certified copies of any or all required insurance policies and endorsements. All subcontractors shall comply with all of the requirements stated in this contract. Contractor shall furnish CITY with separate certificates and endorsements for each subcontractor. SUBRECIPIENT shall procure prior to the time SUBRECIPIENT is entitled to commence any part of the project or services under this Agreement and maintain throughout the duration of this Agreement or project, insurance against claims for injuries to persons or damages to property which may arise from or in connection with services or projects provided under or funded by this Agreement. SUBRECIPIENT shall provide current evidence of the required insurance in a form acceptable to the CITY and shall provide replacement evidence for any required insurance which expires prior to the completion, expiration or termination of this Agreement. Nothing in this section shall be construed as limiting in any way, the Indemnification and Hold Harmless clause contained herein in or the extent to which SUBRECIPIENT may be held responsible for payments of damages to persons or property. 7.5.1 Minimum Scope and Limits of Insurance 7.5.1.1 Commercial General Liability Insurance. SUBRECIPIENT shall maintain commercial general liability insurance coverage in a form at least as broad as ISO Form #CG 0001 ED. 11188, with a limit of not less than $1,000,000 each occurrence. If such insurance contains a general aggregate limit, it shall apply separately to the Agreement or shall be twice the required occurrence limit. 7.5.1.2 Business Automobile Liability Insurance. SUBRECIPIENT shall maintain business automobile liability insurance coverage in a form at least as broad as ISO Form # CA 000 TED. 6192, with a limit of not less than $1,000,000 each accident. Such insurance shall include coverage for owned, hired and non -owned automobiles. If use of an automobile is not required to perform the services or project under this Agreement, this coverage is not required. Page 12 of 32 Pathways of Hope- Family Homelessness Regional Service Coordination SUBRECIPIENT Agreement 2018-19 7.5.1.3 Workers' Compensation and Employers' Liability Insurance. SUBRECIPIENT shall maintain workers' compensation insurance as required by the State of California and employers' liability insurance with limits of not less than $1,000,000 each accident. 7.5.2 Other Insurance Provisions The required insurance policies shall contain or be endorsed to contain the following provisions: 7.5.2.1 Commercial General Liability, Business Automobile Liability. The CITY, its elected or appointed officials, officers, employees and volunteers are to be covered as additional insureds with respect to liability arising out of the services or projects performed under this Agreement; or with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the SUBRECIPIENT. Such coverage as an additional insured shall not be limited to the period of time during which the SUBRECIPIENT is conducting ongoing operations under this Agreement but rather, shall continue after the completion of such operations. The coverage shall contain no special limitations on the scope of its protection afforded to the CITY, its officers, employees and volunteers. 7.5.2.2 Commercial General Liability, Business Automobile Liability. This insurance shall be primary insurance as respects the CITY, its officers, employees and volunteers and shall apply separately to each insured against whom a suit is brought or a claim is made. Any insurance or self-insurance maintained by the CITY, its officers, employees and volunteers shall be excess of this insurance and shall not contribute with it. 7.5.2.3 All Coverages. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the CITY. 7.5.3 Acceptability of Insurers All required insurance shall be placed with insurers acceptable to the CITY with current BEST'S ratings of no less than B+, CIass X. Workers' compensation insurance may be placed with the California State Compensation Insurance Fund. All insurers shall be licensed by or hold admitted status in the State of California. At the sole discretion of the CITY, insurance provided by non -admitted or surplus carriers with a minimum BEST'S rating of no less than A- Class X may be accepted if SUBRECIPIENT evidences the requisite need to the sole satisfaction of the CITY. 7.6 Boudin The SUBRECIPIENT shall comply with the bonding and insurance requirements of 24 C.F.R. 84.31 and 84.48, Bonding and Insurance. This includes obtaining a commercial liability policy that names the CITY as additional insured. The SUBRECIPIENT shall provide to the CITY a certificate of insurance evidencing current coverage throughout the term of this AGREEMENT. Page 13 of 32 Pathways of Hope- Family Homelessness Regional Service Coordination SUBRECIPIENT Agreement 2018-19 7.7 CITY Recognition The SUBRECIPIENT shall insure recognition of the role of the CITY agency in providing services through this AGREEMENT. All activities, facilities and items utilized pursuant to this Contract shall be prominently labeled as to funding source. In addition, the SUBRECIPIENT will include a reference to the support provided herein in all publications made possible with funds made available under this AGREEMENT. 7.8 Amendments CITY or 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 organizations, and approved by the CITY'S governing body. Such amendments shall not invalidate this AGREEMENT, nor relieve or release CITY or SUBRECIPIENT from its obligations under this AGREEMENT. CITY may, in its discretion, amend this AGREEMENT to conform with federal, state or local governmental guidelines, policies and available funding amounts, or for other reasons. If such amendments result in a change in the funding, the scope of - services, or schedule of, the activities to be undertaken as a part of this AGREEMENT, such modifications will be incorporated only by written amendment signed by both CITY and SUBRECIPIENT. 7.9 Suspension or Termination Either party may terminate this AGREEMENT at any time by giving written notice to the other party of such termination and specifying the effective date thereof at least 30 days before the effective date of such termination. Partial termination of the Scope of Services in Paragraph I.A. above may only be undertaken with the prior approval of CITY. In the event of any termination for convenience, all finished or unfinished documents, data, studies, surveys, maps, models, photographs, reports or other materials prepared by the SUBRECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents or materials prior to this termination. if CITY determines that the remaining portion of the award will not accomplish the purpose for which the award was made, then CITY may terminate the award in its entirety. In accordance with 24 C.F.R. 85.43 and 24 CFR 570.503(b)(6), the CITY may also suspend or terminate this AGREEMENT, in whole or in part, if SUBRECIPIENT materially fails to comply with any term of this AGREEMENT, which includes (but is not limited to) the following: 7.9.1 Failure to comply with any of the rules, regulations or provisions referred to herein, or such statutes, regulations, executive orders, and HUD guidelines, policies, or directives as may become applicable at any time; 7.9.2 Failure, for any reason, of the SUBRECIPIENT to fulfill, in a timely and proper manner, its obligations under this AGREEMENT; Page 14 of 32 Pathways of Hope- Family Homelessness Regional Service Coordination SUBRECIPIENT Agreement 2018-19 7.9.3 Ineffective or improper use of funds provided under this AGREEMENT; or 7.9.4 Submission by the SUBRECIPIENT to the CITY, reports that are incorrect or incomplete in any material respect. CITY may declare SUBRECIPIENT ineligible for any further participation in CITY contracts, in addition to other remedies as provided by law. In the event there is probable cause to believe the SUBRECIPIENT is in noncompliance with any applicable rules or regulations, the CITY may withhold up to fifteen (15) percent of said contract funds until such time as the SUBRECIPIENT is found to be in compliance by the CITY or is otherwise adjudicated to be in compliance. In accordance with 24 C.F.R. 85.44, this AGREEMENT may also be terminated by either the CITY or the SUBRECIPIENT, in whole or in part, by setting forth reasons for such termination, the effective date, and in the case of partial termination, the portion to be terminated. All finished or unfinished documents, data, studies, reports and other materials prepared by the SUBRECIPIENT shall be the property of the CITY and SUBRECIPIENT is entitled to receive just and equitable compensation for any satisfactory work completed on such documents or materials prior to this termination. If CITY determines that the remaining portion of the award will not accomplish the purpose for which the award was made, then CITY may terminate the award in its entirety. 7.10 Compliance with Other Laws. SUBRECIPIENT is subject to the following: Title I Housing and Community Development Act of 1974 (42 U.S.C. 5301, et. seq.) as amended; including 24 CFR Part 85 and 24 CFR Part 570 and Section 7(d) Department of Housing and Urban Development Act (42 U.S.C. 3535(d)). Assurances, Reports, Public Participation, and Public Hearings, Federal Register-, January 10, 1977, Volume 42, Number 6; Fiscal Procedures and Auditing, January 11, 1977, Volume 42, Number 66; Computation and Adjustment of Entitlement, Prohibitions and Restrictions on Use of Funds, May 16, 1977, Volume 42, Number 94; the Davis -Bacon Act and other related acts included in 1344.1 Rev. 1 Change 1, the Civil Rights Acts of 1964 and 1968, the Rehabilitation Act of 1973, Section 3, and the Age Discrimination Act of 1975, insofar as such acts are applicable hereto and all rules and regulations promulgated under any of the above and SUBRECIPIENT by acceptance of the SUBAWARD funds agrees to comply therewith. 8. ADMINISTRATIVE REQUIREMENTS 8.1 Financial Management 8.1.1 Accounting Standards The SUBRECIPIENT agrees to comply with 24 C.F.R. 84.21-28 24 CFR 570.502(a)(4) and 24 CFR 570.502(b)(3) and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. Page 15 of 32 Pathways of Hope- Family Homelessness Regional Service Coordination SUBRECIPIENT Agreement 2018-19 The SUBRECIPIENT shall maintain and account for all funds received from CITY under this Agreement separately from any other funds administered by SUBRECIPIENT. 8.1.2 Cost Principles The SUBRECIPIENT shall administer its program in conformance with 2 C.F.R. 230 (previously Office of Management and Budget (OMB) Circular A-122), "Cost Principles for Non -Profit Organizations," or 2 CFR 220 (previously OMB Circular A-21), "Cost Principles for Educational Institutions," as applicable; [and if the SUBRECIPIENT is a governmental or quasi -governmental agency, the applicable sections of 24 CFR Part 85, "Uniform Administrative Requirements for Grants and Cooperative AGREEMENTs to State and Local Governments."] and 24 CFR 84.21(b)(3). These principles shall be applied for all costs incurred whether charged on a direct or indirect basis. 8.1.3 Uniform Administrative Requirements The SUBRECIPIENT shall comply with the policies, guidelines, and requirements of 24 C.F.R. 85, 2 C.F.R. 215 & 225 (previously OMB Circulars A-87 and A-110 implemented at 24 C.F.R. 84), A-122 and A-133 (implemented at 24 C.F.R. 45), and A-128 (implemented at 24 C.F.R. 44), as they relate to the acceptance and use of Federal funds under this part. The applicable sections are set forth at 24 C.F.R. 570.502, 570.610 and 24 CFR 570.503(b)(5). 8.2 Documentation and Record -Keeping 8.2.1 Records SUBRECIPIENT shall keep such records and make such reports as are specified herein and shall comply with 24 C.F.R. 570.520, and 570.506 other applicable Federal Regulations. Such information is a public record except as otherwise provided in this AGREEMENT. 8.2.2 Records to be Maintained The SUBRECIPIENT shall maintain all records required by the federal regulations specified in 24 C.F.R. 570.520, 570.506, and 24CFR 570.503(b)(2) and that are pertinent to the activities to be funded under this AGREEMENT. Such records shall include but not be limited to: 8.2.2.1 Records providing a full description of each activity undertaken, including its location and amount of CDBG budgeted, obligated and expended; 8.2.2.2 Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program; 8.2.2.3 Records required to determine the eligibility of activities Page 16 of 32 Pathways of Hope- Family Homelessness Regional Service Coordination SUBRECIPIENT Agreement 2018-14 8.2.2.4 Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance; 8.2.2.5 Records documenting compliance with the fair housing and equal opportunity components of the CDBG program; 8.2.2.6 Financial records as required by 24 C.F.R. Part 570.502, and 24 C.F.R. 85.40 (previously OMB Circular A-110); and 8.2.2.7 Other records necessary to document compliance with Sub -part K of 24 C.F.R. 570. 8.3 Retention The SUBRECIPIENT shall retain all records pertinent to expenditures incurred under this Contract for a period of seven (7) years after the termination of all activities funded under this AGREEMENT, or after the resolution of all Federal audit findings, whichever occurs later. Records for non -expendable property acquired with funds under this Contract shall be retained for seven (7) years after final disposition of such property in compliance with 24 CFR 570.502(x)(16) and 24 CFR 570.502(b)(3)(ix). Records for any displaced person must be kept for seven (7) years after he/she has received final payment. 8.4 Client Data The SUBRECIPIENT shall maintain client data demonstrating client eligibility for services provided. Such data shall include, but not be limited to, client name, address, income level or other basis for determining eligibility, and description of services provided. Such information shall be made available to CITY monitors or their designees for review upon request. 8.5 Disclosure The SUBRECIPIENT understands except to the extent preempted by federal law that client information collected under this Contract is private and the use or disclosure of such information, when not directly connected with the administration of the CITY'S or SUBRECIPIENT'S responsibilities with respect to services provided under this Contract, is prohibited by California's privacy laws unless written consent is obtained from such person receiving service and, in case of a minor, that of a responsible parent or guardian. 8.6 Property Records The SUBRECIPIENT shall maintain real property inventory records which clearly identify properties purchased, improved or sold. Properties retained shall continue to meet eligibility criteria and shall conform to the "change in use" restrictions specified in 24 C.F.R. Parts 570.503(b)(8), 24 CFR 84.40-48, 24 CFR 570.502(a)(12), 24 CFR 570.502(b)(3) and 24 CFR 570.504(c). Page 17 of 32 Pathways of Hope- Family Homelessness Regional Service Coordination SUBRECIPIENT Agreement 2018-t9 8.7 Close -Outs SUBRECIPIENT obligation to the CITY shall not end until all close-out requirements are completed in accordance with 24 C.F.R. 570.508. Activities during this close- out period shall include, but are not limited to making final payments, disposing of program income balances, and receivable accounts to the CITY, determining the custodianship of records and submitting all required documentation. 8.8 Audits and Inspections All SUBRECIPIENT records with respect to any matters covered by this AGREEMENT shall be made available to the CITY, grantor agency, their designees or the Federal Government, at any time during normal business hours, as often as the CITY or grantor agency deems necessary, to audit, examine, and make excerpts or transcripts of all relevant data. SUBRECIPIENT agrees to provide, at its own sole cost and expense an Independent Auditor's Report on Financial Audit and an Independent Auditor's Report on the Internal Control Structure in accordance with Government Auditing Standards not later than six (6) months after the end of Fiscal Year 2018-2019 (December 31, 2019). Any deficiencies noted in audit reports must be fully cleared by the SUBRECIPIENT within 30 days after receipt by the SUBRECIPIENT. Failure of the SUBRECIPIENT to comply with the above audit requirements will constitute a violation of this Contract and may result in the withholding of future payments. The SUBRECIPIENT hereby agrees to have an annual agency audit conducted in accordance with current CITY policy concerning SUBRECIPIENT audits and OMB Circular A-133 and in compliance with 24 CFR 84.26, 24 CFR 85.26, 24 CFR 570.502(a)(7) and 24 CFR 570.502(b). 8.9 Use and Reversion of Assets The use and disposition of real property and equipment under this AGREEMENT shall be in compliance with the requirements of 24 C.F.R. 84, 570.502-504 and 24 CFR 570.503(b)(7), as applicable, which include but are not limited to the following: 8.9.1 The SUBRECIPIENT shall transfer to the CITY any CDBG funds at hand attributable to the use of CDBG funds under this AGREEMENT at the time of expiration, cancellation or termination. 8.9.2 Real property under SUBRECIPIENT control that was acquired or improved, in whole or in part, with funds under this AGREEMENT in excess of $25,000 shall be used to meet one of the CDBG National Objectives pursuant to 24 C.F.R. 570.208 until five (5) years after this AGREEMENT. If SUBRECIPIENT fails to comply, SUBRECIPIENT shall pay CITY an amount equal to current fair market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for acquisition of or improvement to, the property. Page IS of 32 Pathways of Hope- Family Homelessness Regional Service Coordination SUBRECIPIENT Agreement 2018-19 8.9.3 In all cases in which equipment acquired, in whole or in part, with funds under this AGREEMENT, is not needed by the SUBRECIPIENT, such equipment shall be transferred (a) transferred to the CITY for the CDBG program or (b) retained after compensating the CITY [an amount equal to the current fair market value less the percentage of non-CDBG funds used to acquire the equipment]. 8.10 Pa ment Procedures 8.10.1 Program Income The SUBRECIPIENT shall report quarterly all program income as defined at 24 C.F.R. 570.500(a) and 24 CFR 570.503(b)(4) generated by activities carried out with CDBG funds made available under this AGREEMENT. This includes, but is not limited to, the return of funds to CITY for property purchased under the AGREEMENT, that did not meet a CDBG National Objective, or equipment, that was not needed by the SUBRECIPIENT for activities under the AGREEMENT. The use of program income by the SUBRECIPIENT shall comply with the requirements set forth at 24 C.F.R. 570.504 and 24 CFR 570.503(b)(3)(c). By way of further limitations, the SUBRECIPIENT may use such income during the contract period for activities permitted under this AGREEMENT and shall reduce requests for additional funds by the amount of any such program income balance on hand. All unused program income shall be returned to the CITY at the end of the contract period. Any interest earned on cash advances from the U.S. Treasury is not program income and shall be remitted promptly to the CITY. 8.10.2 Indirect Costs. If indirect costs are charged, the SUBRECIPIENT will develop an indirect cost allocation plan for determining the appropriate CITY share of administrative costs and shall submit such plan to the CITY for approval. 8.10.3 Payment Procedures and Reports. The CITY will pay to the SUBRECIPIENT funds available under this AGREEMENT based upon information submitted by the SUBRECIPIENT and consistent with any approved budget and CITY policy concerning payments. SUBRECIPIENT shall keep appropriate time distribution records where employees work on both CDBG eligible and non-CDBG eligible activities to ensure SUBRECIPIENT is not reimbursed for these expenses from other organization or entity. With the exception of certain advances, payments will be made for eligible expenses actually incurred by the SUBRECIPIENT, and not to exceed actual cash requirements. Payments will be adjusted by the CITY in accordance with advance fund and program income balances available in SUBRECIPIENT accounts. In addition, the CITY reserves the right to liquidate funds available under this AGREEMENT for costs incurred by the CITY on behalf of the SUBRECIPIENT. 8.10.3.1 Progress Reports. The SUBRECIPIENT shall submit regular Quarterly Progress Reports to the CITY in the form and content as required by the CITY, including Page 19 of 32 Pathways of Hope- Family Homelessness Regional Service Coordination SUBRECIPIENT Agreement 2018-19 financial and statistical reports and a program progress narrative in the format as set forth in Attachment C, attached hereto and made a part hereof by reference. Such format may be modified upon mutual agreement by SUBRECIPIENT and CITY. Quarterly Reports are due no later than the 15th day of the month following the end of the quarter. Therefore Quarter progress reports are due October 15th (First Quarter), January 15" (Second Quarter), April 15th (Third Quarter) and July 15th (Fourth Quarter). 8.10.3.2 Summary Report. SUBRECIPIENT agrees to prepare an annual year-end summary report outlining program/project progress and achievement, problems, and resolutions. The report shall include cumulative statistics from the quarterly reports and follow the format of Attachment C. The annual year-end summary report shall be provided to the CITY no later than the 15th day of July, 2019. 8.11 Procurement 8.11.1 Compliance The SUBRECIPIENT shall comply with current CITY policy concerning the purchases of equipment, goods and services and shall maintain an inventory record of all non - expendable personal property as defined by such policy as may be procured with funds provided herein in accordance with 24 CFR 85.36, 24 CFR 84.40-48, 24 CFR 570.502 (a)(12) and 24 CFR 507.502 (b)(3), as applicable. All programs assets (unexpended program income, property, equipment, etc.) shall revert to the CITY upon termination of this AGREEMENT. 8.11.2 Office of Management and Budget (OMB) Standards The SUBRECIPIENT shall procure materials in accordance with the requirements of 24 C.F.R. 84.40-48, Procurement Standards, and shall subsequently follow 24 C.F.R. 84.30.37, Property Management Standards, covering utilization and disposal of property. SUBRECIPIENT shall have written procurement policy. 9. PERSONNEL AND SUBRECIPIENT CONDITIONS 9.1 Civil Rights 9.1.1 Compliance The SUBRECIPIENT agrees to comply with Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968 as amended, Section 109 of Title I of the Housing and Community Development Act of 1974, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and with Executive Order 11246 as amended by Executive Orders 11375 and 12086. 9.1.2 Nondiscrimination Page 20 of 32 Pathways of Hope- Family Homelessness Regional Service Coordination SUBRECIPIENT Agreement 2018-19 The SUBRECIPIENT agrees to comply with the non-discrimination in employment and contracting opportunities laws, regulations and executive orders referenced in 24 C.F.R. 570.607, as revised by Executive Order 13279 and the applicable non-discrimination provisions in Section 109 of the HCDA which states the SUBRECIPIENT will not discriminate against any employee or applicant for employment because of race, color, creed, religion, ancestry, national origin, sex, disability or other handicap, age, marital status, or status with regard to public assistance. The SUBRECIPIENT will take affirmative action to insure that all employment practices are free from such discrimination. Such employment practices include but are not limited to the following: hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The SUBRECIPIENT agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting agency setting forth the provisions of this nondiscrimination clause. The SUBRECIPIENT shall, in all solicitations or advertisements for employees place by or on behalf of SUBRECIPIENT, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin, age or handicap. SUBRECIPIENT agrees that, in connection with such public services: 9.1.2.1 it will not discriminate against any employee or applicant for employment on the basis of religion and will not limit employment or give preference in employment to persons on the basis of religion; 9.1.2.2 it will not discriminate against any person applying for such public services on the basis of religion and will not limit such services or give preference to persons on the basis of religion; it will provide no religious instruction or counseling, conduct no religious workshop or services, engage in no religious proselytizing, and exert no other religious influence in the provision of such public services; and 9.1.2.3 the portion of a facility used to provide public services assisted in whole or in part under this Agreement shall contain no sectarian or religious symbols or decorations. 9.1.3 Land 9.1.3.1 This AGREEMENT is subject to the requirements of Title VI of the Civil Rights Act of 1964 (Public Law (PL) 88-352) and 24 C.F.R. 570 Part 1, 570.601 and 570.602. In regard to the sale, lease, or other transfer of land acquired, cleared or improved with assistance provided under this Contract, the SUBRECIPIENT shall cause or require a covenant running with the plan to be inserted in the deed or lease for such transfer, prohibiting Page 21 of 32 Pathways of Hope- Family Homelessness Regional Service Coordination SUBRECIPIENT Agreement 2015-19 discrimination as herein defined, in the sale, lease or rental, or in the use or occupancy of such land, or in any improvements erected or to be erected thereon, providing that the CITY and the United States are beneficiaries of and entitled to enforce such covenants. The SUBRECIPIENT, in undertaking its obligation to carry out the program assisted hereunder, agrees to take such measures as are necessary to enforce such covenant, and will not itself so discriminate. 9.1.3.2 The SUBRECIPIENT shall not dispose of any real or personal property acquired or improved in full or in part with CDBG funds through sale, use or relocation without the expressed and prior written permission of CITY. 9.1.4 Section 504 The SUBRECIPIENT agrees to comply with any federal regulations issued pursuant to compliance with Section 504 of the Rehabilitation Act of 1973, (PL 10 1 -336) of Title 29 of the United States Code (U.S.C.) Section 794, which prohibits discrimination against the handicapped in any federally assisted program. The CITY shall provide the SUBRECIPIENT with any guidelines necessary for compliance with that portion of the regulations in force during the term of this AGREEMENT. 9.2 Affirmative Action 9.2.1 Approved Plan The SUBRECIPIENT agrees that it shall be committed to carry out pursuant to the CITY'S specifications an Affirmative Action Program in keeping with the principles as provided in President's Executive Order 11246 of September 24, 1965. The CITY shall provide Affirmative Action guidelines to the SUBRECIPIENT to assist in the formulation of such program. The SUBRECIPIENT shall submit a plan for an Affirmative Action program for approval prior to the award of funds. 9.2.2 Women and Minority Business Enterprises (W/MBE) The SUBRECIPIENT will use its best efforts to afford small businesses, minority business enterprises, and women -owned business enterprises the maximum practicable opportunity to participate in the performance of this AGREEMENT. As used in this AGREEMENT, the terms "small business" means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (PL 108-217) in 15 U.S.C. 632, and "minority and female business enterprise" means a business at least fifty-one (51) percent owned and controlled by minority group members or women. For the purpose of this definition, "minority group members" are Afro-Americans, Spanish-speaking, Spanish surnamed or Spanish -heritage Americans, Asian -Americans, and American Indians. The SUBRECIPIENT may rely on written representations by SUBRECIPIENT regarding their status as minority and female business enterprises in lieu of independent investigation. 9.2.3 Access to Records Page 22 of 32 Pathways of Hope- Family Homelessness Regional Service Coordination SUBRECIPIENT Agreement 2018-19 The SUBRECIPIENT shall furnish and cause each of its own SUBRECIPIENTS to furnish all information and reports required hereunder and will permit access to its books, records and accounts by the CITY, HUD or its agents, or other authorized federal officials for purposes of investigation to ascertain compliance with the rules, regulations and provisions stated herein. 9.2.4. Notifications The SUBRECIPIENT will 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 agency contracting officer, advising the labor union or worker's representative of the SUBRECIPIENT'S commitments hereunder, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 9.2.5 Equal Employment Opportunity and Affirmative Action (EEO/AA) Statement The SUBRECIPIENT will, in all solicitations or advertisements for employees placed by or on behalf of the SUBRECIPIENT, state that it is an Equal Opportunity or Affirmative Action employer as defined by 24 C.F.R. 130 and 41 C.F.R. 60, 9.2.6 Subcontract provisions The SUBRECIPIENT will include the provisions of Paragraphs VIII (A) regarding Civil Rights, and (B) regarding Affirmative Action of this AGREEMENT, in every subcontract or purchase order, specifically or by reference, so that such provisions will be binding upon each sub-SUBRECIPIENT or vendor. 9.3 Employment Restrictions 9.3.1 Prohibited Activity The SUBRECIPIENT is prohibited from using funds provided herein or personnel employed in the administration of the program for political activities; sectarian or religious activities; lobbying, political patronage, and nepotism activities. 9.3.2 Occupational Safety and Health Act (OSHA) Where employees are engaged in activities not covered under the Occupational Safety and Health Act of 1970 (29 C.F.R. 1910), they shall not be required or permitted to work, be trained, or receive services in buildings or surroundings or under working conditions which are unsanitary, hazardous or dangerous to the SUBRECIPIENT's health or safety. 9.3.3 Labor Standards Page 23 of 32 Pathways of Hope- Family Homelessness Regional Service Coordination SUBRECIPIENT Agreement 2018-19 The SUBRECIPIENT agrees to comply with the requirements of the Secretary of Labor in accordance with the Davis -Bacon Act (40 U.S.C. 276 et. seq.) as amended, the provisions of Contract Work Hours and Safety Standards Act (40 U.S.C. 276, 327-333), the Copeland "Anti -Kickback" Act (18 U.S.C. 874), and all other applicable federal, state and local laws and regulations pertaining to labor standards insofar as those acts apply to the performance of this AGREEMENT. The SUBRECIPIENT shall maintain documentation which demonstrates compliance with hour and wage requirements of this part. Such documentation shall be made available to the CITY for review upon request. The SUBRECIPIENT agrees that, except with respect to the rehabilitation or construction of residential property designed for residential use for less than eight (8) households, all contractors engaged under contracts in excess of $2,000.00 for construction, renovation or repair of any building or work financed in whole or in part with assistance provided under this AGREEMENT, shall comply with federal requirements of the regulations of the Department of Labor, under 29 C.F.R. Parts 1, 3, 5, and 7 governing the payment of wages and ratio of apprentices and trainees to journeyman; provided, that if wage rates higher than those required under the regulations are imposed by state or local law, nothing hereunder is intended to relieve the SUBRECIPIENT of its obligation, if any, to require payment of the higher wage. The SUBRECIPIENT shall cause or require to be inserted in full, in all such contracts subject to these regulations, provisions meeting the requirements of this paragraph, for all contracts and subcontracts in excess of $2,000.00. 9.4 "Section 3" Clause 9.4.1 Compliance Compliance with the provisions of Section 3 of the Housing and Urban Development (HUD) Act of 1968, as amended, and as implemented by the regulations set forth in 24 C.F.R. 135, and all applicable rules and orders issued hereunder prior to the execution of this AGREEMENT, shall be a condition of the federal financial assistance provided under this AGREEMENT and binding upon the CITY, the SUBRECIPIENT and any sub- SUBRECIPIENTS. Failure to fulfill these requirements shall subject the CITY, the SUBRECIPIENT and sub-SUBRECIPIENTS, their successors and assigns, to those sanctions specified by the AGREEMENT through which federal assistance is provided. The SUBRECIPIENT certifies and agrees that no contractual or other disability exists which would prevent compliance with these requirements. The SUBRECIPIENT further agrees to comply with these "Section 3" requirements and to include the following language in all subcontract executed under this AGREEMENT: "The work to be performed under this AGREEMENT is a project assisted under a program providing direct federal financial assistance from HUD and is subject to the requirements of Section 3 of the HUD Act of 1968, as amended, Page 24 of 32 Pathways of Hope- Family Homelessness Regional Service Coordination SUBRECIPIENT Agreement 2©18-19 12 U.S.C. 1701. Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part by persons residing in the areas of the project." The SUBRECIPIENT certifies and agrees that no contractual or other disability exists which would prevent compliance with the requirements. 9.4.2 Notifications The SUBRECIPIENT agrees to send to each labor organization or representative of workers with which it has a collective bargaining AGREEMENT or other contract or understanding, if any, a notice advising said labor organization or worker's representative of its commitments under this Section 3 clause and shall post copies of the notices in conspicuous places available to employees and applicants for employment or training. 9.4.3 Subcontracts The SUBRECIPIENT will include this Section 3 clause in every subcontract and will take appropriate action pursuant to the subcontract upon finding that the sub- SUBRECIPIENT is in violation of regulations issued by the Grantor Agency. The SUBRECIPIENT will not subcontract with any sub-SUBRECIPIENT where it has notice or knowledge that the latter has been found in violation of regulations under 24 C.F.R. 135 and will not let any subcontract unless the sub-SUBRECIPIENT has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. 9.5 Conduct 9.5.1 Assignability The SUBRECIPIENT shall not assign or transfer any interest in this contract without the prior written consent of the CITY thereto; provided; however, that claims for money due or to become due to the SUBRECIPIENT from the CITY under this AGREEMENT may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any such assignment or transfer shall be furnished promptly to the CITY. 9.5.2 Subcontracts 9.5.2.1. Approvals The SUBRECIPIENT shall not enter into any subcontracts with any agency or individual in the performance of this Contract without the written consent of the CITY prior to the execution of such AGREEMENT. All subcontractors shall comply with all of the requirements stated in this contract. 9.5.2.2 Monitoring Page 25 of 32 Pathways of Hope- Family Homelessness Regional Service Coordination SUBRECIPIENT Agreement 2018-19 The SUBRECIPIENT will monitor all subcontracted services on a regular basis to assure contract compliance. Results of monitoring efforts shall be summarized in written reports and supported with documents evidencing follow-up actions taken to correct areas of noncompliance. 9.5.2.3 Content The SUBRECIPIENT shall cause all of the provisions of this Contract in its entirety to be included in and made a part of any subcontract executed in the performance of this AGREEMENT in compliance with 24 CFR 570.502 (a)(12) and 24 CFR 570.502 (b)(3) as applicable. 9.5.2.4 Selection Process The SUBRECIPIENT shall undertake to insure that all subcontracts let in the performance of this AGREEMENT shall be advertised on a fair and open competition basis. Executed copies of all subcontracts shall be forwarded to the CITY along with documentation concerning the selection process. 9.6 Hatch Act The SUBRECIPIENT agrees that no funds provided, nor personnel employed under this Contract, shall be in any way or to any extent engaged in the conduct of political activities in violation of 5 U.S.C. 1501 et seq. 9.7 Conflict of Interest The SUBRECIPIENT agrees to abide by the provision of 24 C.F.R. 84.42 and 570.611, which include (but are not limited to) the following: 9.7.1 The SUBRECIPIENT shall maintain a written code or standards of conduct that shall govern the performance of its officers, employees or agents engaged in the award and administration of contracts supported by Federal funds. Further, any conflict or potential conflict of interest of any officer of SUBRECIPIENT shall be fully disclosed prior to the execution of this Agreement and shall be attached to and become a part hereof. 9.7.2 No employee, agent, consultant or officer of the SUBRECIPIENT shall participate in the selection, or in the award, or administration of, a contract supported by Federal funds if a conflict of interest, real or apparent, would be involved. The SUBRECIPIENT further covenants that it presently has no financial interest and shall not acquire any financial interest, direct or indirect, which would conflict in any manner or degree with the performance of services required under this AGREEMENT. 9.7.3 No covered persons who exercise or have exercised any functions or responsibilities with respect to CDBG-assisted activities, or who are in a position to participate in Page 26 of 32 Pathways of Hope- Family Homelessness Regional Service Coordination SUBRECIPIENT Agreement 2018-19 a decision -malting process or gain inside information with regard to such activities, may obtain a financial interest in any contract, subcontract, or AGREEMENT with respect to the proceeds from the CDBG-assisted activity, either for themselves or those with whom they have business or immediate family ties, during their tenure or for a period of one (1) year thereafter. These conflict of interest provisions apply to any person who is an employee, agent, consultant, officer, or elected official or appointed official to the CITY, or of any designated public agencies or SUBRECIPIENTS. 9.7.4 SUBRECIPIENT shall not use SUBAWARD received from CITY in any manner which shall provide income to SUBRECIPIENT, and any earned interest income on funds generated through the use or investment of funds received from CITY shall be cause, at the discretion of CITY, for recapture of such income and/or the full amount of SUBAWARD originally granted to SUBRECIPIENT. 9.8 Anti -Lobbying, — To the best of the SUBRECIPIENTS'S knowledge and belief: 9.8.1 No Federal appropriated funds have been paid or will be paid, by or on behalf of it, 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; 9.8.2 If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative AGREEMENT, it will complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; and 9.8.3 It will require that the language of paragraph 1 and 2 of this anti -lobbying certification be included in the award documents for all sub awards at all tiers (including subcontracts, sub grants, and contracts under grants, loans, and cooperative AGREEMENTS) and that all sub recipients shall certify and disclose accordingly. 9.8.4 Lobbying Certification This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to civil penalty of not less than $10,000 and not more than $100,000 for each failure. Page 27 of 32 Pathways of Hope- Family Homelessness Regional Service Coordination SUBRECIPIENT Agreement 2018-19 9.9. Copyrisht If this AGREEMENT results in any copyrightable material, the CITY and/or grantor agency reserves the right to royalty -free, non-exclusive and irrevocable license to reproduce, publish or otherwise use and to authorize others to use, the work for government purposes. 9.10 RelUgious Organization The SUBRECIPIENT agrees that funds provided under this AGREEMENT will not be utilized for religious activities prohibited by 24 C.F.R. 570.2000), such as to promote religious interest, for the benefits of a religious organization, for worship, religious instruction, or prose] ytizati on. 9.11 Political Uses In accordance with 24 C.F.R. 570.207(a)(3) funds shall not be used for political purposes. 10. ENVIRONMENTAL CONDITIONS 10.1 Air and Water The SUBRECIPIENT agrees to comply with the following regulations insofar as they apply to the performance of this AGREEMENT: 10.1.1 Clean Air Act, 42 U.S.C., 7401, et leg. 10.1.2 Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, et seq., as amended 1318 relating to inspection, monitoring, entry, reports, and information, as well as other requirements specified in said Section 114 and Section 308, and all regulations and guidelines issued thereunder. 10.1.3 Environmental Protection Agency (EPA) regulations pursuant to 40 C.F.R. 50, as amended. seq. 10.1.4 National Environmental Policy Act of 1969, as amended 42 U.S.C. 4321 et 10.1.5 HUD Environmental Review Procedures 24 C.F.R. 58. 10.2 Flood Disaster Protection The SUBRECIPIENT agrees to comply with the requirements of the Flood Disaster Protection Act of 1973, located in 42 U.S.C. 4016 in regard to the sale, lease or other transfer of land acquired, cleared or improved under the terms of this Contract, as it may apply to the provisions of this AGREEMENT. 10.3 Lead-based Paint Page 28 of 32 Pathways of Hope- Family Homelessness Regional Service Coordination SUBRECIPIENT Agreement 2018-19 The SUBRECIPIENT agrees that any construction or rehabilitation of residential structures with assistance provided under this Contract shall be subject to HUD Lead -Based Paint regulations at 24 C.F.R. 570.608, and 24 C.F.R. 35, Subparts A,B,J,K and R; and in particular Sub -part B thereof. Such regulations pertain to all HUD -assisted housing and require that all owners, prospective owners, and tenants or properties constructed prior to 1978 be properly notified that such properties may include lead-based paint. Such notification shall point out the hazards of lead-based paint and explain the symptoms, treatment and precautions that should be taken when dealing with lead-based paint poisoning and the advisability and availability of blood lead level screening for children under seven. The notice should also point out that if lead-based paint is found on the property, abatement measures may be undertaken. The regulations further require that, depending on the amount of Federal funds applied to a property, paint testing, risk assessment, treatment and/or abatement may be conducted. 10.4 Historic Preservation The SUBRECIPIENT agrees to comply with the Historic preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 C.F.R., Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historic properties, insofar as they apply to the performances of this AGREEMENT. In general, this'requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included on the Federal, state or local historic property list. 10.5. Drug Free Workplace -- SUBRECIPIENT will or will continue to provide a drug-free workplace by: 10.5.1 Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the CITY's workplace and specifying the actions that will be taken against employees for violation of such prohibition; 10.5.2 Establishing drug-free awareness program to inform employees about: 10.5.2.1 The dangers of drug abuse in the workplace; 10.5.2.2 The CITY's policy of maintaining a drug-free workplace; 10.5.2.3 Any available drug counseling, rehabilitation, and employee assistance programs; and 10.5.2.4 The penalties that may be imposed upon employees for drug Page 29 of 32 Pathways of Hope- Family Homelessness Regional Service Coordination SUBRECIPIENT Agreement 2018-19 abuse violations occurring in the workplace; 10.5.3 Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by 10.5.1; 10.5.4 Notifying the employee in the statement required by 10.5.1 that, as a condition of employment under the grant, the employee will: 10.5.4.1 Abide by the terms of the statement; and 10.5.4.2 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; 10.5.4.3 Notifying the agency in writing, within ten (10) calendar days after receiving notice under 10.5.4.2 from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to every grant officer or other designee on whose grant activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notice shall include the identification number(s) of each affected grant; 10.5.4.4 Taking one of the following actions, within 30 calendar days of receiving notice under 10.5.4.2, with respect to any employee who is so convicted - 10.5.4.4.1 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 10.5.4.4.2 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 agency; 10.5.5 Making a good faith effort to continue to maintain a drug-free workplace through implementation of 10.5 et. seq. of this AGREEMENT. 11. SEVERABILITY If any provision of this AGREEMENT is held invalid, the remainder of the AGREEMENT shall not be affected thereby and all other parts of this AGREEMENT shall nevertheless be in full force and effect. 12. SECTION HEADINGS AND SUBHEADINGS The section headings and subheadings contained in this AGREEMENT are included for convenience only and shall not 1 imit or otherwise affect the terms of this AGREEMENT. Page 30 of 32 Pathways of Hope- Family Homelessness Regional Service Coordination SUBRECIPIENT Agreement 2©1&19 13. WAIVER The CITY'S failure to act with respect to a breach by the SUBRECIPIENT does not waive its right to act with respect to subsequent or similar breaches. The failure of the CITY to exercise or enforce any right or provision shall not constitute a waiver of such right or provision. 14. ENTIRE AGREEMENT This AGREEMENT constitutes the entire AGREEMENT between the CITY and the SUBRECIPIENT for the use of funds received under this AGREEMENT and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between the CITY and the SUBRECIPIENT with respect to this AGREEMENT. All attachments referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties have executed this AGREEMENT as of the date first written above. This AGREEMENT is executed in three (3) duplicate originals, each of which is deemed to be an original. This AGREEMENT includes thirty-two (32) pages and six (6) attachments, which constitute the entire understanding and AGREEMENT of the parties. The parties acknowledge and agree that at all times they have intended that none of the preliminary negotiations concerning this transaction would be binding on either party, and that they would be bound to each other only by a single formal comprehensive document containing this paragraph and all of the AGREEMENTs of the parties, in final form, which has been executed and delivered by CITY and SUBRECIPIENT. The parties acknowledge that none of the prior oral AGREEMENTS between theta (and none of the representations on which either of them has relied) relating to the subject matter of this AGREEMENT shall have any force or effect whatever, except as and to the extent that such AGREEMENTS and representations have been incorporated in this AGREEMENT. All waivers of the provisions of this AGREEMENT must be in writing and signed by the appropriate authorities of CITY or SUBRECIPIENT, and all amendments hereto must be in writing and signed by the appropriate authorities of CITY and SUBRECIPIENT. 15. TIME FOR ACCEPTANCE OF AGREEMENT BY CITY This AGREEMENT, when executed by SUBRECIPIENT and delivered to the CITY, must be authorized, executed and delivered by CITY within thirty (30) days after date of signature by SUBRECIPIENT or this AGREEMENT shall be voidable, upon notice in writing from SUBRECIPIENT. The date of this AGREEMENT shall be the date when the AGREEMENT shall have been signed by CITY ««««««,SIGNATURE PAGE TO FOLLOW»»»»»»> Page 31 of 32 Pathways of Hope- Family Homelessness Regional Service Coordination SUBRECIPIENT Agreement 2018-19 IN WITNESS WHEREOF, CITY and SUBRECIPIENT have executed this AGREEMENT as of the dates set opposite their signatures. ATTEST: Date: cinda illiams, City Clerk APPROVED AS TO FORM: Date: {' � i� City Attorney ATTACHMENTS CITY OF FULLERTON: Date: Kenneth A. Domer, City Manager SUBRECIPIENT Pathways of Hope Date: David Gillanders, Executive Director Attachment A: National Objectives Eligible Activities Subrecipient Agreement Summary Attachment B: HUD Certifications Attachment C: Quarterly Performance/Activity Report Claim for Reimbursement Page 32 of 32 ATTACHMENT A SUBRECIPIENT AGREEMENT SUMMARY Agency Name: Pathways of Hope Address: PO Box 6326, Fullerton, CA 92834 Executive Director: David Gillanders Telephone: 714.680.3691. ext 201 Contact Person: Kim Stinson Title: Operations Manager Telephone: 714.680.3691 ext 202 Fax: 714.871.3032 E-mail: kstinsonC&,,pohoc.oriz NOTE: The Executive Director will be the person responsible for signing all documents related to this activity unless otherwise specified and Board authority proof is provided. 1. Activity Title/Project Name: Regional Homeless Services Navigation 2. Activity Location: (Please attach another sheet if necessary) (Please include, if applicable, boundaries of area benefited by programs and corresponding census tract/black group numbers.) 611 South Ford Avenue, Fullerton, CA 92832 3. Funding Period: July 1, 2018 —June 30, 2019 4. Federal Tax Identification Number: 33-0147739 5. City of Fullerton CDBG Subaward Amount: $2_5 ,000 6. Funding Summary: (In addition to the following, attach your approved detailed line -item budget.) 7. Activity Summary: A brief description of 1) Activity; 2) Type of beneficiaries (e.g., people, children, homeless, seniors, etc.) 1) Pathways of Hope looks to establish a 20 hour per week Regional Service Coordinator position within our HUB regional resource distribution center located at Richman Elementary with the express intent of providing locally -focused service coordination and housing navigation services for families experiencing homelessness. This person's :role will be to assist families in eviction prevention and diversion, assessment ATTACHMENT A for housing programs once homeless (as part of the county -wide Family Coordinated Entry System), and resource development with local community partners for basic needs. 2) All of the families that would be assessed and provided navigation and resource services are either homeless or on the verge of homelessness, and 100% are low income, if they have income at all. 8. Record-keeping method of ensuring client eligibility (public service programs only). In Pathways of Hope programs, client statistical data is collected from each resident upon first point of contact using a universal triage form. This process is a key component to our intake process that will be offered by the service navigation team. CIients self -certify their ethnicity, gender, race and other pertinent demographical data required for reporting purposes as required by HUD guidelines. 9. Methodology for Verifying Participants' Income: The clients self -certify their income level to provide documentation of their low-income status on case-by- case basis. 10. Estimated Accomplishments (July 1, 2018 thru June 30, 2019): Estimate the number of Fullerton beneficiaries and total to be served during the fiscal year: 300 total, including 100 unduplicated from Fullerton For capital projects, also provide the accomplishments in the applicable measurement (e.g., 550 linear feet of sidewalks). NIA Implementation Schedule (Construction Projects Only): This section applies to construction projects only. Please provide the estimated date and percentage of completion for each phase of the project. Milestone Date Completion i�nn rxacrat�; Phase 1: Preparation of Bid Documents Phase 2: Pre -Bid Phase 3: Bid Opening Phase 4: Contract Award Phase 5: Pre -Construction Phase 6: Mid -Construction Phase 7: Construction Completed Phase 8: Post Construction Information provided by: David Gillanders Print Name Executive Director Title Signature FOR CITY USE ONLY: Eligibility Citation: National Objective: Census TractNumber(s): Account Number: ATTACHMENT A 8/31/2018 Date Pathways of Hope Organization PROJECT MATRIX SUMMARY Please choose the the best Activity Matrix and all sub -categories that describe the pr9ject t eing proposed: Activity Matric Codes: 1iNrPublic Services 2❑ Economic Activity 30 Public Facilities (Check only one) 4❑ Housing Activities 5❑ Infrastructure Improvements Sub -Category Codes: ❑A ❑B ❑C ❑D ❑E ❑F ❑G [KH ..KI ❑J ❑K ❑L (Check all that Apply) ❑M [—]N TKO ❑P ❑Q ❑R ❑S ❑T ❑U ❑V See ELIGIBLE ACTIVITIES SHEET for further description. National Objective Matrix Codes: I. Low Mod Income IL ❑ Slums or Blight III. ❑ Urgent Need 1. 570.483 (b)(1)Area Benefit 1. 0570.483 (c)(1)Area Basis 1. 0570.483 (d) 2.8570.483 (b)(2) Limited Clientele* 2. 0570.483 (c)(2) Spot Basis 3.❑570.483 (b)(3) Housing 4.0570.483 (b)(4) Jobs *Limited Clientele subcategories (most commonly used for Community Projects, not all inclusive): A. ❑(ii)(A) — Presumed Benefit B. ❑(ii)(B) — Services are intended to primarily assist LMI but over -income persons could receive benefit C. X(ii)(C) — Services restricted to exclusively benefit LMI D. ❑ iii — Architectural Barrier Removal See National Objectives Explanation Form for further description. I have reviewed the ELIGIBLE ACTIVITIES SHEET, and the NATIONAL OBJECTIVES INFORMATION SHEET that includes the ADDITIONAL PROGRAM GUIDELINES and INELIGIBLE ACTIVITIES. Therefore, I certify the project I propose is a CDBG eligible activity and meets a National Objective as it benefits low and moderate income residents, or a low and moderate income area. Information provided by: David Gillanders Print Name Executive Director Title Signature ATTACHMENT A 8/31/2018 Date Pathways of Hope Organization ATTACHMENT B HUD CERTIFICATIONS CITY OF FULLERTON 303 W. COMMONWEALTH AVENUE - FULLERTON, CA 92832 - (714) 738-6544, FAX: (714) 738-3110 Drug -Free Workplace Certification 1. By signing and/or submitting this application or grant agreement, the SUBRECIPIENT is providing the certification. 2. The certification is a material representation of fact upon which reliance is placed when the agency awards the grant. If it is later determined that the SUBRECIPIENT knowingly rendered a false certification, or otherwise violated the requirements of the Drug -Free Workplace Act, HUD, in addition to any other remedies available to the Federal Government, may take action authorized under the Drug -Free Workplace Act. 3. Workplaces under grants, for SUBRECIPIENTs other than individuals, need not be identified on the certification. If known, they may be identified in the grant application. If the SUBRECIPIENT does not identify the workplaces at the time of application, or upon award, if there is no application, the SUBRECIPIENT must keep the identity of the workplace(s) on file in its office and make the information available for Federal inspection. Failure to identify all known workplaces constitutes a violation of the SUBRECIPIENT's drug-free workplace requirements. 4. Workplace identifications must include the actual address of buildings (or parts of buildings) or other sites where work under the grant takes place. Categorical descriptions may be used (e.g., all vehicles of a mass transit authority or State highway department while in operation, State employees in each local unemployment office, performers in concert halls or radio stations). 5. If the workplace identified to the agency changes during the performance of the grant, the SUBRECIPIENT shall inform the agency of the change(s), if it previously identified the workplaces in question (see paragraph three). 6. Definitions of terns in the Nonprocurement Suspension and Debarment common rule and Drug -Free Workplace common rule apply to this certification. SUBRECIPIENT's attention is called, in particular, to the following definitions from these rules: "Controlled substance" means a controlled substance in Schedules I through V of the Controlled Substances Act (21 U.S.C. 812) and as further defined by regulation (21 CFR 1308.11 through 1308.15). "Conviction" means a finding of guilt (including a plea of nolo contendere) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the Federal or State criminal drug statutes. "Criminal drug statute" means a Federal or non -Federal criminal statute involving the manufacture, distribution, dispensing, use, or possession of any controlled substance. "Employee" means the employee of a SUBRECIPIENT directly engaged in the performance of work under a grant, including: (i) All "direct charge" employees; (ii) all "indirect charge" employees unless VA E:1 ATTACHMENT B HUD CERTIFICATIONS their impact or involvement is insignificant to the performance of the grant; and (iii) temporary personnel and consultants who are directly engaged in the performance of work under the grant and who are on the SUBRECIPIENT's payroll. This definition does not include workers not on the payroll of the SUBRECIPIENT (e.g., volunteers, even if used to meet a matching requirement; consultants or independent contractors not on the SUBRECIPIENT's payroll; or employees of Subawardees or subcontractors in covered workplaces). The certification with regard to the drug-free workplace is required by 24 CFR part 24, subpart F. The SUBRECIPIENT must insert in the space provided below the site(s) expected to be used for the performance of work done covered by the Certification. in connection with the specific grant: Name of Grantee: -Pathways of Ho e Grant Program Name: Family Homelessness Regional Service Coordination Place of Performance (including street address, city, county, state, and zip code for each site): 611 S. Ford Ave.. Fullerton. CA 92832 I certify the organization complies with 24 CFR part 24, subpart F with regard to the drug-free workplace requirements. David Gillanders 8/31/2018 Print Name) Date Executive Director Pathways of Ho e Title Organization Signature ATTACHMENT B HUD CERTIFICATIONS CITY OF FULLERTON 303 W. COMMONWEALTH AVENUE • FULLERTON, CA 92832 • (714) 738-6544, FAX: (714) 738-3110 Anti -Lobbying Certification To the best of the SUBRECIPIENT's knowledge and belief. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, 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. If any funds other than Federal appropriated funds have been paid or will 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, Ioan, or cooperative agreement, it will complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. It will require that the language of paragraphs 1 and 2 of this anti -lobbying certification be included in the award documents for all subawards at all tiers (including subcontracts, Subawards, and contracts under grants, loans, and cooperative agreements) and that all Subawardees shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. I understand that any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. David Gillanders 8/31/2018 Print Name) Executive Director Title Signature APPENDIX TO CERTIFICATIONS Date Pathways of Hope Organization ATTACHMENT B HUD CERTIFICATIONS In accordance with the applicable statutes and the regulations governing the CITY'S Consolidated Plan regulations, the SUBRECIPIENT certifies that: Drug -Free Workplace -- It will establish or will continue to provide a drug-free workplace by: 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 will be taken against employees for violation of such prohibition. 2. Establishing an ongoing drug-free awareness program to inform employees about: (a) The dangers of drug abuse in the workplace; (b) The SUBRECIPIENT's policy of maintaining a drug-free workplace; (c) Any available drug counseling, rehabilitation, and employee assistance programs; (d) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace. 3. Making it a requirement that each employee to be engaged in the performance of the grant is given a copy of the statement required by paragraph 1. 4. Notifying the employee in the statement required by paragraph I that, as a condition of employment under the grant, the employee will: (a) Abide by the terms of the statement; (b) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction. 5. Notifying the Federal agency in writing, within ten calendar days after receiving notice under subparagraph 4(b) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to every grant officer or other designee on whose grant activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notice shall include the identification number(s) of each affected grant. 6. Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph 4(b), with respect to any employee who is so convicted: (a) 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 (b) 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 agency. 7. Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs 1, 2, 3, 4, 5 and 6. rut 0 � z c'�CrFOR��P ATTACHMENT B HUD CERTIFICATIONS CITY OF FULLERTON 303 W. COMMONWEALTH AVENUE • FULLERTON, CA 92832 • (714) 738-6544, FAX: (714) 738-3110 Lead -Based Paint Certification In accordance with the applicable statutes and the regulations governing the CITY'S Consolidated Plan regulations, the SUBRECIPIENT certifies that: Both the State of California and the federal government have adopted regulations designed to reduce or eliminate the risk of lead-based paint hazards. Some buildings built before 1978 may contain lead-based paint that may be harmful to anyone living or working within the home, especially pregnant women and children. Such hazards may occur as a result of exposure to contaminated lead paint dust and paint chips. It is important that you understand these requirements when applying for a grant from the City of Fullerton. Name of Grantee: Pathways of Ho e Grant Program Name: _Family Homelessness Regional Service Coordination Lead -Based Paint -- Activities concerning Lead-based Paint will comply with the requirements of 24 CFR Part 35, Subparts A, B, J, K and R. Additionally, the facilities were built / ❑ were not built prior to 1978. For facilities built prior to 1978, Grantee certifies: j^e have inspected our facilities and find that they are free of chipping or peeling paint. We find no evidence of he presence of lead-based paint hazards in our facilities. I, David Gillanders certify that the above claim is true and correct and there is no evidence of lead-based paint hazards in the facilities used to provide the public service funded by the City of Fullerton CDBG grant. The Grantee shall insert in the area provided below the site(s) expected to be used for the performance of work under the grant covered by the Certification. Place of Performance (including street address, city, county, state, and zip code for each site) Attach another sheet if necessary: bl l S. Ford Ave., Fullerton, CA 92832 David Gillanders Prepared By: Print Name Executive Director Title Signature 8/31/2018 Date