Hourly Rate Classes
Effective 7/02/2022
Revised 3/21/2023
MUNIS 17 MUNIS 18 Hourly Rate
7045 8037 Grounds Maintenance Worker II $27.0429
7046 8038 Heavy Equipment Tech $35.6678
7047 8039 Housing Programs Specialist $42.6830
7411 8322 Housing Project Planner $45.7698
7048 N/A Human Resources Analyst II $48.1104
7416 8325 Human Resources Technician $35.4904
7023 8017 Information Technology Technician I $29.8058
7024 8018 Information Technology Technician II $32.4431 7049 N/A Law Clerk $33.0126
7050 N/A Legal Administrative Assistant I $28.2834
7051 N/A Legal Administrative Assistant II $34.1854
7052 8040 Librarian I $32.6448
7053 8041 Librarian II $35.8898
7054 8042 Library Assistant I $24.4670
7055 8043 Library Assistant II $25.4630
7057 8045 Library Systems Technician I $29.8058
7056 8044 Library Technician $27.1684
7005 N/A Litigation Paralegal $34.8745
7058 8046 Mail Services Specialist $20.8132
7061 8049 Maintenance Crew Leader $30.4061
7059 8047 Maintenance Worker I $22.9964
7060 8048 Maintenance Worker II $25.7917
7417 8326 Marketing Coordinator $40.2034
7022 8016 Network Analyst $43.4998
7063 8051 Office Specialist I $21.3386
7064 8052 Office Specialist II $23.4599
7067 8055 Outreach Coordinator $37.3055
7066 8054 Painter $32.0632
7068 8056 Parking Coordinator $34.2727
7072 8060 Planning Technician I $32.7682
7071 8059 Planning Technician II $35.4904
7073 8061 Plumber $33.9832
7070 8058 Project Engineer I $46.9091
7075 8063 Project Engineer II $51.5718
7077 8065 Project Planner $45.7698
7078 8066 Public Works Inspector I $34.7016
7397 8310 Real Property Agent $42.4707
7080 8068 Records Technician $27.1108
7382 8306 Recreation Coordinator $31.1740
7082 8070 Recreation Program Leader $22.6546
7083 8071 Recreation Specialist $25.7917
7081 8069 Recycling Educator $32.4431
7084 8072 Rental Housing Mediation Specialist $35.1381
7085 N/A Risk Analyst II $48.1104
7091 8078 Senior Commission Secretary $31.5638
7086 8073 Senior Custodian $24.2932
7035 8028 Senior Electronics/Communications Technician $39.6197 7033 8027 Senior Engineering Technician $37.7926
7087 8074 Senior Grounds Maintenance Worker $28.1438
7088 8075 Senior Library Technician $29.7205
7089 8076 Senior Maintenance Worker $28.9269
7076 8064 Senior Network/Applications Analyst $47.8454
7380 8303 Senior Plans Examiner $48.1781
7090 8077 Senior Real Property Agent $48.8356
7092 8079 Stock Clerk $23.9325
7094 8081 Survey Technician I $30.1045
7093 8080 Survey Technician II $32.7682
7096 8083 Traffic Technician I $29.8058
7097 8084 Traffic Technician II $32.7682
7100 8087 Transportation Engineering Associate $43.3262 7098 8085 Tree Trimmer I $24.6596
7099 8086 Tree Trimmer II $27.6569
7101 8088 Vehicle Services Assistant $24.4148
7104 8091 Water Resources Specialist $41.4249
7379 8304 Water Resources Technician $32.4431
7102 8089 Welder/Fabricator $32.6540
Hourly Assignment to "Regular" Classes
Hourly Rate Classes
Effective 7/02/2022
Revised 3/21/2023
MUNIS 17 MUNIS 18 Range
7006 8003 Airport Operations Specialist $32.8286
7348 8283 Airport Patrol Officer $45.2429
7452 8356 Airport Patrol Officer II $49.5269
7352 8287 Harbor Patrol Officer $44.4969
7354 8289 Lab Analyst I $33.6777
7069 8057 Park Ranger $35.7817
7356 8291 Treatment Plant Technician $34.5945
7349 8284 Wastewater Treatment Plant OIT $29.9983
7350 8285 Wastewater Treatment Plant Operator III $41.8780 7351 8286 Water Distribution Operator Technician II $36.1830 7355 8290 Water Treatment Plant OIT $29.9991
7353 8288 Water Treatment Plant Operator II $37.7385
7450 8354 Water Treatment Plant Operator III $41.8760
MUNIS 17 MUNIS 18 Range
7390 N/A Police Chief $109.3147 - $132.8730
MUNIS 17 MUNIS 18 Range
7357 N/A Police Lieutenant $73.1070 - $88.8621
MUNIS 17 MUNIS 18 Range
7359 N/A Police Officer $47.9705
7361 N/A Police Officer- Entry $45.4095
MUNIS 17 MUNIS 18 Range
7388 N/A EMD Dispatcher $42.7310
7395 N/A Identification Technician $40.2508
7360 N/A Parking Enforcement Officer $26.7395
7358 N/A Public Safety Dispatcher II $33.4808
7362 N/A Police Property/Evidence Assistant $28.3885
7391 N/A Police Property/Evidence Technician $33.4678
7363 N/A Police Records Specialist $24.5657
7364 N/A Police Technician $26.7395
MUNIS 17 MUNIS 18 Range
7432 N/A Fire Inspector II $45.0114
Hourly Assignment to "Regular" Classes
29 Police Non-Sworn
19 SBCEA Treatment & Patrol
23 Police Management III
24 Police Sworn
21 Police Chief
39 Fire Non-Sworn
Hourly Rate Classes
Effective 7/02/2022
Revised 3/21/2023
MUNIS 17 MUNIS 18 Classification Department Hourly Rate 7220 N/A Airport Marketing Assistant Airport $16.46
7219 8205 Airport Operations Intern Airport $15.50
7394 8309 Airport Services Coordinator Airport $32.47
7221 8206 Airport Traffic Aide Airport $15.50
7218 8204 Alternative Transportation Planner Public Works $40.06 7396 N/A ARCON Instructor Police $47.45
7225 N/A Assistant PAL Coordinator I Police $15.50
7222 N/A Assistant PAL Coordinator II Police $18.23
7224 8207 Assistant Park Planner Parks & Recreation $23.46 7223 N/A Assistant to Council I City Council $15.50
7270 N/A Assistant to Council II City Council $15.93
7271 N/A Assistant to Council III City Council $18.23
7226 8208 Automotive Parts Aide Public Works $19.18
7227 N/A Background Investigator Police $47.45
7145 8132 Beach Lifeguard I Parks & Recreation $18.23
7146 8133 Beach Lifeguard II Parks & Recreation $19.14
7147 8134 Beach Lifeguard III Parks & Recreation $20.10 7370 8292 Bus Driver I Parks & Recreation $23.22
7371 8293 Bus Driver II Parks & Recreation $24.38
7372 8294 Bus Driver III Parks & Recreation $25.60
7228 8209 Cannoneer Waterfront $22.40
7229 N/A CAO Special Projects Manager CAO $57.15
7240 N/A CAO Intern CAO $15.50
7243 N/A City Council Intern City Council $15.50
7425 8334 City Programs Intern I Various $15.92
7426 8335 City Programs Intern II Various $18.04
7427 8336 City Programs Intern III Various $20.16
7428 8337 City Programs Intern IV Various $21.22
7429 8338 City Programs Intern V Various $23.34
7430 8339 City Programs Intern VI Various $24.41
7431 8340 City Programs Intern VII Various $26.53
7253 8222 City TV Production Aid Lead Admin Services $17.84 7251 8220 City TV Production Aide I Admin Services $15.50 7252 8221 City TV Production Aide II Admin Services $17.08 7250 8219 City TV Production Intern Admin Services $15.50 7135 8122 Clerical Assistant Various $15.50
7234 8211 Commercial Driver Trainer Public Works $27.21 7217 N/A Community Services Liaison Police $17.50
7384 N/A Community Services Officer Police $23.30
7235 8212 Creeks Resources Technician Parks & Recreation $26.68 7236 8213 Database Specialist Public Works $20.90
7237 N/A Development Manager Library $34.06
7238 N/A Dispatch Training Coordinator Police $45.35
7239 8214 Diver Waterfront $22.40
7399 8311 Downtown Ambassador I Public Works $18.45
7400 8312 Downtown Ambassador II Public Works $21.00
7451 8355 Downtown Ambassador III Public Works $24.12
7374 8296 Driver Trainer I Parks & Recreation $28.06
7413 N/A Elections Advisor Admin Services $107.63
7412 N/A Elections Assistant Admin Services $25.63
7392 N/A EMD Auditor Police $52.07
7275 N/A EMS Nurse Educator Fire $82.82
7245 8215 Extension Aide Library $18.11
7246 N/A Facilities Project Manager Public Works $37.17 7436 8344 Facility Monitor I - Weekday Parks & Recreation $17.36 7437 8345 Facility Monitor II - Weekday Parks & Recreation $18.23 7438 8346 Facility Monitor III - Weekday Parks & Recreation $19.14 7439 8347 Facility Monitor I - Weekend and Evenings Parks & Recreation $21.70 7440 8348 Facility Monitor II - Weekend and Evenings Parks & Recreation $22.79 7441 8349 Facility Monitor III - Weekend and Evenings Parks & Recreation $23.93 7443 8351 Facility Technician I Parks & Recreation $15.50 7444 8352 Facility Technician II Parks & Recreation $16.28 7445 8353 Facility Technician III Parks & Recreation $17.09 7381 N/A Financial Systems Analyst Admin Services $52.29 7247 8216 Fire Public Education Assistant Fire $16.28
7231 N/A Fire Service Mutual Aide Specialist I Fire $38.20 7232 N/A Fire Service Mutual Aide Specialist II Fire $52.70 7230 N/A Fire Special Projects Manager Fire $49.52
7248 8217 GIS Mapping Technician Fire $19.18
7249 8218 Golf Course Maintenance Worker Parks & Recreation $15.50 7254 8223 Grounds Maintenance Assistant I Parks & Recreation $18.63 7255 8224 Grounds Maintenance Assistant II Parks & Recreation $20.70 7306 8260 Harbor Patrol Crew I Waterfront $15.50
7307 8261 Harbor Patrol Crew II Waterfront $16.16
7308 8262 Harbor Patrol Crew III Waterfront $16.96
7309 8263 Harbor Patrol Crew IV Waterfront $17.77
7310 8264 Harbor Patrol Crew V Waterfront $18.57
7311 8265 Harbor Patrol Crew VI Waterfront $19.37
7312 8266 Harbor Patrol Crew VII Waterfront $20.17
7313 8267 Harbor Patrol Crew VIII Waterfront $20.97
7314 8268 Harbor Patrol Crew IX Waterfront $21.78
7315 8269 Harbor Patrol Crew X Waterfront $22.59
7316 8270 Harbor Patrol Crew XI Waterfront $23.38
Hourly Rate Schedule (Limited Term)
Hourly Rate Classes
Effective 7/02/2022
Revised 3/21/2023
MUNIS 17 MUNIS 18 Classification Department Hourly Rate 7187 8174 Head Beach Lifeguard I Parks & Recreation $23.22 7188 8175 Head Beach Lifeguard II Parks & Recreation $24.38 7189 8176 Head Beach Lifeguard III Parks & Recreation $25.60 7296 N/A Human Resources Specialist Admin Services $26.81 7433 8341 Inclusion Specialist I Parks & Recreation $19.14 7434 8342 Inclusion Specialist II Parks & Recreation $20.10 7435 8343 Inclusion Specialist III Parks & Recreation $21.11 7383 8305 Information Systems Intern Admin Services $15.50 7256 N/A Internal Affairs Investigator Police $41.93
7105 8092 Job Apprentice I Parks & Recreation $15.50
7151 8138 Junior Lifeguard Instructor I Parks & Recreation $18.23 7152 8139 Junior Lifeguard Instructor II Parks & Recreation $19.14 7153 8140 Junior Lifeguard Instructor III Parks & Recreation $20.10 7192 8179 Junior Lifeguard Program Director I Parks & Recreation $23.22 7193 8180 Junior Lifeguard Program Director II Parks & Recreation $24.38 7194 8181 Junior Lifeguard Program Director III Parks & Recreation $25.60 7257 8225 Library Building Monitor Library $21.32
7280 8243 Library Volunteer Coordinator Library $19.18
7262 8230 Lot Operator Public Works $16.00
7265 8234 Management Intern Various $15.50
7274 8239 Management Intern IV Various $17.08
7268 8236 Marketing Assistant I Airport $15.50
7269 8237 Marketing Assistant II Airport $21.08
7272 N/A Mayor's Aide City Council $25.00
7330 8302 Meter Reader Public Works $23.16
7279 8242 Page Library $15.50
7281 N/A Parking Citation Admin Review Officer Police $43.82 7402 8313 Parking Coordinator Aide I Various $17.50
7403 8314 Parking Coordinator Aide II Various $19.50
7404 8315 Parking Coordinator Aide III Various $21.50
7418 8327 Parking Lead I Various $16.50
7419 8328 Parking Lead II Various $17.00
7423 8332 Parking Monitor I Various $16.00
7424 8333 Parking Monitor II Various $16.50
7288 N/A Parks Project Manager Parks & Recreation $49.07 7286 8246 Park Ranger Assistant I Parks & Recreation $17.36 7287 8247 Park Ranger Assistant II Parks & Recreation $18.23 7442 8350 Park Ranger Assistant III Parks & Recreation $19.14 7282 8244 Planning Intern I Community Development $15.97 7283 8245 Planning Intern II Community Development $18.64 7284 N/A Police Cadet I Police $18.00
7285 N/A Police Cadet II Police $19.50
7401 N/A Police Project Manager Police $47.45
7124 8111 Pool Lifeguard Parks & Recreation $18.23
7125 8112 Pool Lifeguard II Parks & Recreation $19.14
7126 8113 Pool Lifeguard III Parks & Recreation $20.10
7289 N/A Project Manager I Public Works $44.41
7290 N/A Project Manger II Public Works $56.84
7291 8248 Public Information Assistant Public Works $15.50 7119 8106 Recreation Assistant I Parks & Recreation $15.53 7120 8107 Recreation Assistant II Parks & Recreation $15.75 7121 8108 Recreation Assistant III Parks & Recreation $16.54 7162 8149 Recreation Leader I Parks & Recreation $17.36 7163 8150 Recreation Leader II Parks & Recreation $18.23 7164 8151 Recreation Leader III Parks & Recreation $19.14 7172 8159 Recreation Program Director I Parks & Recreation $20.96 7173 8160 Recreation Program Director II Parks & Recreation $22.06 7174 8161 Recreation Program Director III Parks & Recreation $23.22 7376 8298 Recreation Therapist/Nurse I Parks & Recreation $28.06 7377 8299 Recreation Therapist/Nurse II Parks & Recreation $50.00 7292 8249 Rental Mediation Aide I Community Development $15.50 7293 8250 Rental Mediation Aide II Community Development $21.67 7294 8251 Rental Mediation Aide III Community Development $25.10 7393 N/A Restorative Court Liaison Police $23.54
7295 N/A Restorative Outreach Specialist Police $21.64
7297 8252 School Crossing Guard I Police $15.50
7298 8253 School Crossing Guard II Police $15.93
Hourly Rate Schedule (Limited Term)
Hourly Rate Classes
Effective 7/02/2022
Revised 3/21/2023
MUNIS 17 MUNIS 18 Classification Department Hourly Rate 7167 8154 Senior Pool Lifeguard I Parks & Recreation $20.96 7168 8155 Senior Pool Lifeguard II Parks & Recreation $22.06 7169 8156 Senior Pool Lifeguard III Parks & Recreation $23.22 7398 N/A SNAP Officer Police $23.30
7299 8254 Standby Diver Waterfront $17.04
7140 8127 Swim Instructor I Parks & Recreation $19.14
7141 8128 Swim Instructor II Parks & Recreation $20.06
7301 8256 Traffic Counter Public Works $15.50
7303 N/A Traffic Engineer Public Works $78.58
7304 8258 Utility Worker I Public Works $20.57
7305 8259 Utility Worker II Public Works $23.06
7405 8316 Waterfront Facilities Aide I Waterfront $18.50 7406 8317 Waterfront Facilities Aide II Waterfront $19.03 7407 8318 Waterfront Facilities Aide III Waterfront $19.56 7408 8319 Waterfront Facilities Aide IV Waterfront $20.09 7420 8329 Waterfront Parking Lot Operator I Waterfront $15.50 7421 8330 Waterfront Parking Lot Operator II Waterfront $16.02 7422 8331 Waterfront Parking Lot Operator III Waterfront $16.53 7328 8282 Web Technician Administrative Services $26.68
EFFECTIVE
07/30/2022
08/27/2022
09/24/2022
09/24/2022
10/08/2022
10/08/2022
10/22/2022
11/05/2022
12/31/2022
02/11/2023
03/25/2023
Hourly Rate Schedule (Limited Term)
4% COLA - General Unit
1.5% COLA - FIRE
Rate Change - Downtown Ambassador I; Police Officer; Police Officer Entry; APO
3.5% COLA - Unrepresented Managers
3% COLA - TAP
3.5% Increase - Certain Hourly Limited Term Classifications 3% COLA - POA
3.5% COLA - Supervisors
Rate change for certain Management, TAP, and General Unit classifications 2023 Minimum Wage Increase
2.7% Salary Adjustment to Hourly Assigments to Regular Classifications
CITY OF SANTA BARBARA
COUNCIL AGENDA REPORT
AGENDA DATE: March 21, 2023
TO: Mayor and Councilmembers
FROM: Administration Division, Airport Department
SUBJECT: Santa Barbara Airport Sea-Level Rise Adaptation Plan Phase A Funding [Resolution; Agreement]
RECOMMENDATION: That Council:
A. Authorize the Airport Director to execute a Professional Services Agreement with Environmental Services Associates in the amount of $743,000, for planning services for the Santa Barbara Airport Sea-level Rise Adaption Plan and local coastal plan update and authorize the Airport Director to proceed with Phase A of the scope of services for a total not to exceed amount of $280,500, and with further phases subject to budget appropriation; and
B. Adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Amending Resolution No. 22-059, Adopting the Budget for Fiscal Year 2023, to Appropriate Funds for Professional Services Contract Funding Phase A of the Santa Barbara Airport Sea-Level Rise Adaption Plan in the Amount of $280,500.
DISCUSSION:
Background
The City is undergoing several major sea-level rise planning efforts in order to modernize the City’s Local Coastal Programs (LCPs) in compliance with the California Coastal Act, and prepare the City for increased flooding and erosion.
Specifically:
1. In 2015, the Goleta Slough Management Committee completed the Goleta Slough Area Sea-Level Rise and Management Plan, which analyzes vulnerabilities at the Goleta Slough area including the Airport;
2. In 2018, a Sea-Level Rise Vulnerability Assessment was completed for the City, except for the Airport;
Agenda Item No. 4
File Code No. 650.04
Council Agenda Report
Santa Barbara Airport Sea-Level Rise Adaptation Plan Phase A Funding [Resolution; Agreement]
March 21, 2023
3. In 2019, the California Coastal Commission (CCC) and Council certified a comprehensive update to the City of Santa Barbara Coastal Land Use Plan that factors sea-level rise into development review standards except for the Airport;
4. In February 2021, Council adopted a City of Santa Barbara Sea-level Rise Adaptation Plan (City Adaptation Plan) that recommends a phased approach to planning for sealevel rise, based on monitoring of changing conditions and taking actions to reduce vulnerabilities once defined thresholds are reached. One of the actions of this plan is to complete the Airport Segment Adaptation Plan and update the Airport Segment of the LCP; and
5. On January 25, 2022, Council supported the grant application to the CCC for a Sea-level Rise Adaptation Plan (Adaptation Plan) at the Airport which was awarded to the City by the CCC in the amount of $245,000. Due to a lack of City staff resources, this project was delayed.
Project Description of the Airport Sea-level Rise Adaptation Plan This project and contract include an infrastructure vulnerability assessment and risk analysis, sea-level rise adaptation plan, and LCP update for the Airport segment of the City of Santa Barbara’s coastal zone. The Airport LCP was last updated and certified by the CCC in 2003 and requires modernization to meet new State policy requirements and consider issues such as sea-level rise. The Airport area was not included in the 2021 City Adaptation Plan as the focus was on updates to the City’s main LCP segment, as the Airport was separately engaged in a multi-agency planning effort for the Goleta Slough area.
This project would add a chapter to the Adaptation Plan to address hazards at the Airport, building upon the 2015 Goleta Slough Area Sea-Level Rise and Management Plan, the 2017 Airport Master Plan, and any updates to the Master Plan, which are in process. The project will be managed by the Airport Department in coordination with the Climate Adaptation Interdepartmental Staff Team and Sustainability and Resilience Department.
In September 2022, a Request for Proposal (RFP) was issued for the Adaption Plan. One consultant, Environmental Science Associates (ESA), submitted for the RFP. Due to a variety of factors including additional tasks needed to do a comprehensive study of the unique nature of the makeup of the Goleta Slough and Airport properties, rise in consultants’ labor costs, and general inflation, the proposal was more than originally budgeted. The needed additional funding will be provided by a second grant from the CCC of $243,000 and funds from the Airport budget. The additional CCC grant is not competitive and will be awarded most likely in Spring of 2023.
Staff is proposing a phased approach to keep the project from any further delays, including delays to the Drainage Master Plan Update project (approved in 2022), which is depending on data gathered in Phase A of the Adaption Plan.
Council Agenda Report
Santa Barbara Airport Sea-Level Rise Adaptation Plan Phase A Funding [Resolution; Agreement]
March 21, 2023
The Adaption Plan has been split into three phased funding sources:
Phase A Phase B Phase C
Airport Funds Existing CCC Grant Second CCC Grant
$255,000 $245,000 $243,000
The request in this report is to award the entire contract to ESA and appropriate the funds necessary to complete Phase A, which includes:
Existing conditions and data gathering, Coastal flooding, wave runup, erosion and groundwater analysis
Asset inventory and hazard exposure mapping analysis
Goleta Slough water levels analysis
Extreme rainfall-runoff and creek flooding analysis
Direct precipitation and storm drainage analysis
Habitat change analysis
Development of Admin Draft Vulnerability Assessment and Risk Evaluation The schedule for the Adaptation Plan is approximately 3.5 years after the notice is given to proceed. Staff will return to Council to appropriate additional funding after the second CCC grant is received in Spring of this year.
Lastly, SBA has multiple planning and design projects that will be occurring at the same time as the Adaptation Plan. For purposes of consistency and efficiency, ESA will coordinate with other consultants employed by SBA on projects that will affect the development of the Adaptation Plan. These are expected to include the following projects and project teams:
Master Plan Update – Led by Mead & Hunt. This project will finish at the end of 2023.
Terminal Addition Design – Led by Corgan. This project will be ongoing during the Adaptation Plan.
General Aviation Redevelopment – Led by Jacobs. This project will finish in the summer of 2023.
Drainage Plan Update – Led by Mead & Hunt. This project will be ongoing during the Adaptation Plan.
BUDGET/FINANCIAL INFORMATION:
Staff requests that Council approve expenditure appropriations in the Airport Operating Fund in the amount of $280,500, funded from available reserve funds in the Airport Operating Fund, authorize a transfer of such funds to the Airport Capital Fund, and approve an increase in revenue and expenditure appropriations in the Airport Capital Fund in the amount of $280,500 for Phase A of the Adaptation Plan.
Council Agenda Report
Santa Barbara Airport Sea-Level Rise Adaptation Plan Phase A Funding [Resolution; Agreement]
March 21, 2023
SUSTAINABILITY IMPACT:
The subject projects advance goals contained in the General Plan, LCP, Climate Action Plan, and Adaptation Plan to address the impacts of climate change. The Adaptation Plan will correlate with updated forthcoming Drainage Master Plan Update data and will assist in addressing known and foreseeable environmental challenges that may complicate projects, which will facilitate sustainable project implementation.
ENVIRONMENTAL REVIEW:
Feasibility studies and LCP Amendments are statutorily exempt from CEQA pursuant to CEQA Guidelines Sections 15262 and 15265.
Any actions identified in the Adaptation Plan including construction impacts, such as grading and noise, drainage, and operational impacts of individual projects must be addressed at a project‐specific level at the time that an individual project is proposed. Any projects that are selected for development as part of the Adaptation Plan will be subject to the National Environmental Policy Act, the California Environmental Quality Act, and the California Coastal Act.
A copy of the agreement may be requested from the Airport Department for public review; please contact [email protected] to request a copy.
PREPARED BY: Jessica Metzger, AICP, Project Planner
Sara Iza, AICP, Principal Project Manager
SUBMITTED BY: Chris Hastert, CM, Airport Director
APPROVED BY: City Administrator’s Office
RESOLUTION NO. ______
A RESOLUTION OF THE COUNCIL OF THE CITY OF
SANTA BARBARA AMENDING RESOLUTION NO. 22-059,
ADOPTING THE BUDGET FOR FISCAL YEAR 2023, TO
APPROPRIATE FUNDS FOR PROFESSIONAL SERVICES
CONTRACT FUNDING PHASE A OF THE SANTA
BARBARA AIRPORT SEA-LEVEL RISE ADAPTION PLAN IN
THE AMOUNT OF $280,500
WHEREAS, in accordance with the City Charter, the City Administrator filed with the Council a proposed budget for the fiscal year beginning July 1, 2022; WHEREAS, the City Council is required to adopt a budget before the beginning of the fiscal year on July 1, 2022;
WHEREAS, the City Charter provides that at any public meeting after the adoption of the budget, the City Council may amend or supplement the budget by motion adopted by the affirmative votes of at least a majority of the total members of the City Council; and WHEREAS, as authorized by Resolution No. 22-059, this Resolution approves the amendment to the budget as provided herein.
NOW, THEREFORE, be it resolved by the Council of the City of Santa Barbara that in accordance with the provisions of Section 1205 of the City Charter, the budget for the fiscal year 2023, as adopted by Resolution No. 22-059, is hereby amended as follows:
1. The Council approves of appropriating available reserve funds in the Airport Operating Fund in Fiscal Year 2023 in the amount of $280,500, funded from available reserve funds in the Airport Operating Fund, authorize a transfer of such funds to the Airport Capital Fund, and approve an increase in revenue and expenditure appropriations in the Airport Capital Fund in the amount of $280,500 for professional services contract funding Phase A of the Santa Barbara Airport Sea-level Rise Adaptation Plan.
CITY OF SANTA BARBARA
COUNCIL AGENDA REPORT
AGENDA DATE: March 21, 2023
TO: Mayor and Councilmembers
FROM: Engineering Division, Public Works Department
SUBJECT: Contract for the Construction of the Santa Barbara Airport South Terminal Apron Redevelopment Project [Resolution; Agreement] RECOMMENDATION: That Council:
A. Award a contract with Marcon Engineering, Inc. in their low bid amount of $4,527,449 for construction of the South Terminal Apron Redevelopment Project, Bid No. 4089A, and authorize the Public Works Director to execute the contract and approve expenditures up to $452,745 to cover any cost increases that may result from contract change orders for extra work and differences between estimated bid quantities and actual quantities measured for payment;
B. Authorize the Public Works Director to execute the First Contract Amendment to City Professional Services Agreement No. 26,747 with Kimley Horn, Inc., in the amount of $338,540 for construction support services, and approve expenditures of up to $33,854 for extra services that may result from necessary changes in the scope of work;
C. Authorize the Public Works Director to execute a contract with Applied Earthworks, Inc., in the amount of $62,782 for construction monitoring services, and approve expenditures of up to $6,278 for extra services that may result from necessary changes in the scope of work; and
D. Adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Amending Resolution No. 22-059, Adopting the Budget for Fiscal Year 2023, to Appropriate Funds for the South Terminal Apron Redevelopment Project.
EXECUTIVE SUMMARY:
The South Terminal Apron Redevelopment Project (Project) is the first step towards redeveloping the area south of the airline passenger terminal per the City of Santa Barbara’s (City) 2017 Airport Master Plan. The Project will remove Hangar 5 from airport property, reconfigure the rental car ready-return parking lot, and add three overnight aircraft parking spaces.
Agenda Item No. 5
File Code No. 560.04
Council Agenda Report
Contract for the Construction of the Santa Barbara Airport South Terminal Apron Redevelopment Project [Resolution; Agreement]
March 21, 2023
Staff recommends approval of the construction contract with Marcon Engineering, Inc., (Marcon) a First Contract Amendment with Kimley Horn, Inc. (Kimley Horn) for construction support services, and a Professional Services Agreement with Applied Earthworks, Inc. (Applied Earthworks) with construction monitoring services.
DISCUSSION:
Background
The Santa Barbara Airport’s John T. Rickard Airline Terminal (Terminal) is located at 500 James Fowler Road. The area immediately south of the Terminal, commonly known as Southfield, currently consists of aircraft-rated pavement, Hangar 5, and two City-owned facilities, as well as the rental car ready-return parking lot. As part of the 2017 Airport Master Plan, the Southfield area was identified as an area for redevelopment. The proposed long-range redevelopment per the 2017 Airport Master Plan was to include a terminal addition, additional surface parking lot(s), and possibly a parking structure.
Project Description
The Project will take the first steps towards redeveloping the Southfield area as approved in the 2017 Airport Master Plan. The Project’s scope will include reconfiguring the rental car ready-return lot, an addition of roughly 60 rental car ready-return spaces, relocation of the Security Identification Display Area, and provide three new remain-over-night commercial aircraft parking spaces. Associated improvements include reconfigured entry and exit driveways to the rental car ready-return lot, additional overhead lighting, landscaping, and stormwater improvements. Stormwater improvements will include replacing over 30,000 square feet of existing pavement with permeable pavement.
The Project scope also includes removing Hangar 5 from Airport property. Instead of demolishing Hangar 5, the Airport publicly advertised the sale of Hangar 5 and received one proposal. The one proposal came from a local developer. The Airport has signed an agreement with the local developer, and the local developer will remove Hangar 5 from Airport property with the intent to reuse Hangar 5 at another location within the Santa Barbara and Goleta community.
Contract Bids
A total of two bids were received for this Project on December 15, 2022:
Bidder Bid Amount
Marcon Engineering, Inc.
Escondido, CA $4,625,448
MD Construction Co., Inc.
Santa Maria, CA $4,972,471
Council Agenda Report
Contract for the Construction of the Santa Barbara Airport South Terminal Apron Redevelopment Project [Resolution; Agreement]
March 21, 2023
The low bid of $4,625,448 submitted by Marcon is an acceptable bid that is responsive to and meets the requirements of the bid specifications. The low bidder was determined based on the Base Bid amount, exclusive of Bid Alternate #1. Bid Alternate #1 removes the demolition of Hangar 5 from Marcon’s contract scope. Hangar 5 will be relocated off Airport property by a local developer under a separate agreement. Staff recommends that Bid Alternate #1 be awarded, and therefore the revised contract amount is $4,527,449.
The change order funding recommendation of $452,745, or ten percent, is typical for a Public Works project of this scale.
Construction Phase Support Services
Staff recommends that Council authorize the Public Works Director to execute a contract amendment with Kimley Horn in the amount of $338,540 for post-design construction services, inspection, and testing services and authorize the Public Works Director to issue amendments for up to $33,854 for potential extra services, for a total amount of $372,394.
Kimley Horn was selected through a competitive Request for Qualifications process in 2020 to provide design and construction support services for the Project.
Staff recommends that Council authorize the Public Works Director to execute a Professional Services Agreement with Applied Earthworks in the amount of $62,782 for archaeological and Native American monitoring services and authorize the Public Works Director to issue amendments for up to $6,278 for potential extra services, for a total amount of $69,060.
BUDGET/FINANCIAL INFORMATION:
Council previously approved appropriations in the Airport Capital Fund in the amount of $2,500,000 for the Project. Bids received were much higher than anticipated. Therefore, staff requests that Council approve additional expenditure appropriations in the Airport Capital Fund in Fiscal Year 2023 in the amount of $2,482,545, funded with $700,000 in reprogramming from existing expenditure appropriations and a transfer of $1,782,545 from available reserves above Council policy in the Airport Operating Fund. However, a portion of the Project costs will be reimbursed over the next few years through a Customer Facility Charge (CFC) program implemented on every rental car transaction effective on March 15, 2023. The expected portion of the Project to be reimbursed through the CFC program is 50%, and anticipated CFC revenues will be over $1,000,000 annually.
Council Agenda Report
Contract for the Construction of the Santa Barbara Airport South Terminal Apron Redevelopment Project [Resolution; Agreement]
March 21, 2023
The following summarizes all Project design costs, construction contract funding, and other Project costs:
ESTIMATED TOTAL PROJECT COST
*Cents have been rounded to the nearest dollar in this table.
Design (Kimley Horn) $208,691
Design Subtotal $208,691
Construction Contract $4,527,449
Construction Change Order Allowance $452,745
Subtotal $4,980,194
Construction Management/Inspection (Kimley Horn) $338,540 Construction Monitoring (Applied Earthworks) $62,782
Subtotal $401,322
Construction Subtotal $5,381,516
TOTAL PROJECT COST $5,590,207
SUSTAINABILITY IMPACT:
The Project includes the relocation and reuse of Hangar 5 through a cooperative agreement with a local developer. The relocation of Hangar 5 is consistent with Santa Barbara General Plan (SBGP) Policy Environmental Resources ER2: Continue to expand City recycling programs for resource reduction, reuse, and recycling of solid waste, as Hangar 5 will be reused in an alternate location. In addition, the Project incorporates stormwater improvements such as permeable pavement, which is consistent with SBGP Policy Environmental Resources ER20 Storm Water Management.
A copy of the contracts may be requested from the Public Works Department for public review by contacting [email protected].
ENVIRONMENTAL REVIEW:
This Project was included in the 2017 Airport Master Plan Environmental Impact Report.
Therefore, the Project is compliant with the California Environmental Quality Act. Also, the Airport received a Coastal Development Permit from the Santa Barbara Planning Commission in December 2021. The National Environmental Policy Act does not apply to this Project, as it is not federally funded.
ATTACHMENT: Project Location Map
Council Agenda Report
Contract for the Construction of the Santa Barbara Airport South Terminal Apron Redevelopment Project [Resolution; Agreement]
March 21, 2023
PREPARED BY: Brian D’Amour, P.E., City Engineer/BK/lc
SUBMITTED BY: Clifford M. Maurer, P.E, Public Works Director APPROVED BY: City Administrator’s Office
ATTACHMENT PROJECT LOCATION MAP — 500 JAMES FOWLER ROAD RESOLUTION NO. _____
A RESOLUTION OF THE COUNCIL OF THE CITY OF
SANTA BARBARA AMENDING RESOLUTION NO. 22-059,
ADOPTING THE BUDGET FOR FISCAL YEAR 2023, TO
APPROPRIATE FUNDS FOR THE SOUTH TERMINAL
APRON REDEVELOPMENT PROJECT
WHEREAS, in accordance with the City Charter, the City Administrator filed with the Council a proposed budget for the fiscal year beginning July 1, 2022; WHEREAS, the City Council is required to adopt a budget before the beginning of the fiscal year on July 1, 2022;
WHEREAS, the City Charter provides that at any public meeting after the adoption of the budget, the City Council may amend or supplement the budget by motion adopted by the affirmative votes of at least a majority of the total members of the City Council; and WHEREAS, as authorized by Resolution No. 22-059, this Resolution approves the amendment to the budget as provided herein.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SANTA BARBARA THAT in accordance with the provisions of Section 1205 of the City Charter, the budget for the fiscal year 2023, as adopted by Resolution No. 22-059, is hereby amended as follows:
1. The Council approves the allocation of available expenditure appropriations from the Electric Vehicle Parking Shuttle Project in the Airport Capital Fund in Fiscal Year 2023 in the amount of $500,000 and from the Electric Quick Charging Station Project in the Airport Capital Fund in Fiscal Year 2023 in the amount of $200,000 for the South Terminal Apron Redevelopment Project;
2. The Council approves an increase in expenditure appropriations in the Airport Operating Fund in Fiscal Year 2023 in the amount of $1,782,545, funded from available reserves in the Airport Operating Fund, authorize a transfer of such funds to the Airport Capital Fund; and approve an increase in revenue and expenditure appropriations in the Airport Capital Fund in Fiscal Year 2023 in the amount of $1,782,545, funded from the transfer, for the South Terminal Apron Redevelopment Project.
CITY OF SANTA BARBARA
COUNCIL AGENDA REPORT
AGENDA DATE: March 21, 2023
TO: Mayor and Councilmembers
FROM: Building and Safety Division, Community Development Department SUBJECT: Amendments to Professional Services Agreements for Permit, Plan Check, and Inspection Services [Resolution; Agreement]
RECOMMENDATION: That Council:
A. Authorize the Community Development Director to execute the third amendment to increase the amount of Santa Barbara City Agreement No. 26,978 with Bureau Veritas North America, Inc., by $150,000, for a total contract amount of $745,000, to provide permit, plan check, and inspection services; B. Authorize the Community Development Director to execute the third amendment to increase the amount of Santa Barbara City Agreement No. 26,979 with Interwest Consulting Group, by $200,000, for a total contract amount of $435,000, to provide permit, plan check, and inspection services; and
C. Adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Amending Resolution No. 22-059, Adopting the Budget for Fiscal Year 2023, to Approve an Increase in Fiscal Year 2023 revenue and expenditure appropriations in the General Fund in the amount of $400,000 from building permit revenues projected to exceed the Fiscal Year 2023 adopted budget amount by at least $400,000, to cover the costs of amendments to Santa Barbara City Agreements No. 26,978 and No. 26979, and an agreement for floodplain review.
DISCUSSION:
Thorough and timely building permit plan reviews and inspection services help the community establish and maintain a safe, accessible, and healthy built environment. In order to provide appropriate service levels with acceptable turnaround times for permit, plan check, and inspection services of the State’s Title 24 Building Standards and local amendments, the use of independent contract services is necessary to address periods of increased demand as well as unanticipated staffing shortages.
Agenda Item No. 6
File Code No. 640.04
Council Agenda Report
Amendments to Professional Services Agreements for Permit, Plan Check, and Inspection Services
March 21, 2023
Contract building and safety program services are key to maintaining building permit program services for customers. These services prevent and reduce building permit plan check backlogs, expedite the plan check processes according to City priorities, and can provide other program services that improve the customer’s experience (management, inspections, permit counter staff, etc.). These contract services through independent contractors may be used to temporarily fill City staff vacancies and to supplement the services offered by City staff.
The Building and Safety Division has experienced sustained staff vacancy rates as high as 25 percent during Fiscal Year 2023. Backfilling Building Inspector vacancies with contract services and using contract plan check services has exhausted available contract amounts and driven the demand for increased contract services.
The recommended Bureau Veritas North America, Inc., $150,000 contract amendment, and the recommended Interwest Consulting Group $200,000 contract amendment are for contract services to the Building and Safety Division. Additional expenditure appropriations of $50,000 are recommended to fund a floodplain review contract. The floodplain review contract will return to Council once a vendor has been selected. In January 2023, the Building and Safety Division lost to retirement a Senior Plan Check Engineer who conducted floodplain review. Floodplain review is a specialized knowledge and in the current hiring environment, staff anticipates a near-term need to utilize a thirdparty reviewer for an extended duration. The contract amendments and anticipated floodplain review agreement amounts are summarized by funding source in the Budget/Financial Information section below.
The Building and Safety Division has an established working relationship with both Bureau Veritas North America, Inc., and Interwest Consulting Group. Both vendors have demonstrated expertise in the field and met promised turnaround times. Authorizing the recommended contract amendments will allow the Building and Safety Division to continue to provide timely, professional service while working through a period of high vacancy and high demand for services.
BUDGET/FINANCIAL INFORMATION:
The recommended contract amendments would be funded by building permit revenues that are projected to exceed the FY 2023 adopted budget amount by at least $400,000.
In order to meet the revenue target required to fund the additional $400,000 in requested appropriations, building permit revenue needs to average at least $277,000 per month over the final six months of FY 2023. Over the past 30 months, the average monthly building permit revenue amount has been $335,000. With a high degree of confidence, revenue can be projected at a level adequate to support the $400,000 in requested appropriations.
Council Agenda Report
Amendments to Professional Services Agreements for Permit, Plan Check, and Inspection Services
March 21, 2023
Funding sources for the contract amendments with Bureau Veritas and Interwest and the anticipated floodplain review agreement are listed in the table below.
Vendor Funding Source Amount
Bureau Veritas Additional Appropriations Funded by Excess Revenues
$150,000
Interwest Additional Appropriations Funded by Excess
Revenues
$200,000
TBD – Floodplain
Review
Additional Appropriations Funded by Excess
Revenues
$50,000
Total: $400,000
A copy of the contracts/agreements and amendments may be requested from the Community Development Department for public review; please contact [email protected] to request a copy.
PREPARED BY: Marck Aguilar, Building and Safety Business Analyst SUBMITTED BY: Elias Isaacson, Community Development Director APPROVED BY: City Administrator’s Office
1 RESOLUTION NO. _____
A RESOLUTION OF THE COUNCIL OF THE CITY OF
SANTA BARBARA AMENDING RESOLUTION NO. 22-059,
ADOPTING THE BUDGET FOR FISCAL YEAR 2023, TO
APPROVE AN INCREASE IN FISCAL YEAR 2023
REVENUE AND EXPENDITURE APPROPRIATIONS IN THE
GENERAL FUND IN THE AMOUNT OF $400,000 FROM
BUILDING PERMIT REVENUES PROJECTED TO EXCEED
THE FISCAL YEAR 2023 ADOPTED BUDGET AMOUNT BY
AT LEAST $400,000, TO COVER THE COSTS OF
AMENDMENTS TO SANTA BARBARA CITY AGREEMENTS
NO. 26978 AND NO. 26,979, AND AN AGREEMENT FOR
FLOODPLAIN REVIEW.
WHEREAS, in accordance with the City Charter, the City Administrator filed with the Council a proposed budget for the fiscal year beginning July 1, 2022; and WHEREAS, the City Council is required to adopt a budget before the beginning of the fiscal year on July 1, 2022; and
WHEREAS, the City Charter provides that at any public meeting after the adoption of the budget, the City Council may amend or supplement the budget by motion adopted by the affirmative votes of at least a majority of the total members of the City Council; and WHEREAS, as authorized by Resolution No. 22-059, this Resolution approves the amendment to the budget as provided herein.
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SANTA BARBARA THAT:
In accordance with the provisions of Section 1205 of the City Charter, the budget for the fiscal year 2023, as adopted by Resolution No. 22-059, is hereby amended as follows:
1. City Council approves an increase in Fiscal Year (FY) 2023 revenue and expenditure appropriations in the General Fund in the amount of $400,000, funded by building permit revenues projected to exceed the FY 2023 adopted budget amount by at least $400,000, to cover the costs of the amendments to Santa Barbara City Agreements No. 26,978 and No. 26,979, and an anticipated agreement for floodplain review.
CITY OF SANTA BARBARA
COUNCIL AGENDA REPORT
AGENDA DATE: March 21, 2023
TO: Mayor and Councilmembers
FROM: Accounting Division, Finance Department
SUBJECT: Fiscal Year 2023 Interim Financial Statements for the Seven Months Ended January 31, 2023
RECOMMENDATION:
That Council accept the Fiscal Year 2023 Interim Financial Statements for the seven months ended January 31, 2023.
DISCUSSION:
The interim financial statements for the seven months ended January 31, 2023 (58.3% of the fiscal year) are attached. The interim financial statements include budgetary activity in comparison to actual activity for the General Fund, Enterprise Funds, Internal Service Funds, and select Special Revenue Funds.
ATTACHMENT: Interim Financial Statements for the Seven Months Ended January 31, 2023
PREPARED BY: Doug B. Smith, Accounting Manager
SUBMITTED BY: Keith DeMartini, Finance Director
APPROVED BY: City Administrator's Office
Agenda Item No. 7
File Code No. 250.02
ATTACHMENT 1
Revised YTD Encum- Remaining Percent of Previous
Budget Actual brances Balance Budget YTD
GENERAL FUND (pages 3-7)
Revenue 184,775,308 111,836,465 3,005 72,941,847 60.5% 109,462,489 Expenditures 195,484,492 104,165,349 4,569,329 86,749,814 55.6% 100,008,151 Addition to / (use of) reserves (10,709,185) 7,671,116 (4,572,334) 9,454,338 SOLID WASTE FUND (page 9)
Revenue 34,272,920 20,177,263 - 14,095,657 58.9% 19,593,240 Expenditures 34,912,708 18,403,158 1,015,508 15,494,042 55.6% 16,394,764 Addition to / (use of) reserves (639,788) 1,774,106 (1,015,508) 3,198,476 WATER OPERATING FUND (page 10)
Revenue 70,492,814 43,113,722 - 27,379,092 61.2% 40,586,263 Expenditures 70,875,350 35,501,591 5,765,196 29,608,563 58.2% 39,233,060 Addition to / (use of) reserves (382,536) 7,612,131 (5,765,196) 1,353,203 WASTEWATER OPERATING FUND (page 11)
Revenue 27,441,554 15,858,366 - 11,583,188 57.8% 14,967,882 Expenditures 28,320,673 13,596,497 1,615,036 13,109,140 53.7% 12,927,286 Addition to / (use of) reserves (879,119) 2,261,870 (1,615,036) 2,040,597 DOWNTOWN PARKING FUND (page 12)
Revenue 10,616,997 5,743,485 - 4,873,512 54.1% 3,977,916 Expenditures 10,750,380 5,724,239 1,126,233 3,899,908 63.7% 4,411,158 Addition to / (use of) reserves (133,383) 19,246 (1,126,233) (433,242) AIRPORT OPERATING FUND (page 13)
Revenue 27,185,151 14,681,642 - 12,503,509 54.0% 19,987,420 Expenditures 30,116,471 14,180,436 2,982,695 12,953,340 57.0% 14,524,184 Addition to / (use of) reserves (2,931,320) 501,206 (2,982,695) 5,463,236 GOLF COURSE FUND (page 14)
Revenue 3,837,489 2,420,652 - 1,416,837 63.1% 2,243,222 Expenditures 3,294,658 1,723,716 1,304,556 266,387 91.9% 1,631,500 Addition to / (use of) reserves 542,831 696,936 (1,304,556) 611,723 FACILITIES MANAGEMENT FUND (page 15)
Revenue 7,124,899 3,987,377 - 3,137,522 56.0% 3,570,695 Expenditures 7,277,281 3,939,352 553,398 2,784,531 61.7% 3,769,812 Addition to / (use of) reserves (152,382) 48,025 (553,398) (199,117)
CITY OF SANTA BARBARA
Interim Statement of Revenues and Expenditures
Summary by Fund
For Seven Months Ended January 31, 2023 (58.3% of Fiscal Year)
Revised YTD Encum- Remaining Percent of Previous
Budget Actual brances Balance Budget YTD
CITY OF SANTA BARBARA
Interim Statement of Revenues and Expenditures
Summary by Fund
For Seven Months Ended January 31, 2023 (58.3% of Fiscal Year) FLEET REPLACEMENT FUND (page 16)
Revenue 3,761,445 2,078,593 - 1,682,852 55.3% 1,977,239 Expenditures 3,946,635 835,824 1,707,163 1,403,648 64.4% 1,511,398 Addition to / (use of) reserves (185,190) 1,242,768 (1,707,163) 465,841 FLEET MAINTENANCE FUND (page 17)
Revenue 3,226,802 1,897,619 - 1,329,183 58.8% 1,741,037 Expenditures 3,282,043 1,745,082 318,969 1,217,993 62.9% 1,685,625 Addition to / (use of) reserves (55,241) 152,538 (318,969) 55,412 SELF INSURANCE TRUST FUND (page 18)
Revenue 13,067,765 7,600,531 - 5,467,234 58.2% 6,223,651 Expenditures 14,203,713 7,420,264 320,711 6,462,739 54.5% 6,551,858 Addition to / (use of) reserves (1,135,948) 180,268 (320,711) (328,207) INFORMATION TECHNOLOGY FUND (page 19)
Revenue 5,261,982 2,965,726 - 2,296,256 56.4% 2,651,823 Expenditures 5,158,024 3,239,303 83,616 1,835,106 64.4% 3,005,472 Addition to / (use of) reserves 103,958 (273,577) (83,616) (353,649) WATERFRONT OPERATING FUND (page 20)
Revenue 17,036,131 11,522,846 - 5,513,286 67.6% 10,380,464 Expenditures 19,277,251 10,283,733 864,831 8,128,686 57.8% 8,683,293 Addition to / (use of) reserves (2,241,119) 1,239,113 (864,831) 1,697,170 SANTA BARBARA CLEAN ENERGY FUND (page 21)
Revenue 34,000,000 18,686,314 - 15,313,686 55.0% 2,599,172 Expenditures 33,520,235 16,384,200 1,376,771 15,759,264 53.0% 2,127,356 Addition to / (use of) reserves 479,765 2,302,113 (1,376,771) 471,816 ENERGY AND CLIMATE MANAGEMENT FUND (page 22)
Revenue 2,646,168 1,567,598 - 1,078,570 59.2% 1,551,559 Expenditures 3,117,338 1,189,345 279,177 1,648,815 47.1% 1,073,604 Addition to / (use of) reserves (471,170) 378,253 (279,177) 477,956
TOTAL FOR ALL FUNDS
Revenue 444,747,425 264,138,199 3,005 180,612,231 59.4% 241,514,071 Expenditures 463,537,253 238,332,089 23,883,190 201,321,975 56.6% 217,538,520 Addition to / (use of) reserves (18,789,828) 25,806,110 (23,886,195) 23,975,550 ** It is City policy to adopt a balanced budget. In most cases, encumbrance balances exist at year-end. These encumbrance balances are obligations of each fund and must be reported at the beginning of each fiscal year. In addition, a corresponding appropriations entry must be made in order to accommodate the 'carried-over' encumbrance amount. Most differences between budgeted annual revenues and expenses are due to these encumbrance carryovers.
Revised YTD Remaining Percent Previous Change Over
Budget Actual Balance Received YTD Prior Year
TAXES
Sales and Use 26,704,042 17,151,516 9,552,526 64.2% 16,631,269 3.1% Measure C Sales Tax 28,323,342 18,338,590 9,984,752 64.7% 17,614,209 4.1% Property Taxes 43,250,489 24,327,523 18,922,966 56.2% 22,881,722 6.3% Utility Users Tax 7,779,112 4,429,760 3,349,352 56.9% 4,431,633 0.0% Transient Occupancy Tax 23,583,553 17,450,686 6,132,867 74.0% 16,408,235 6.4% Business License 2,714,006 1,020,087 1,693,919 37.6% 1,725,330 -40.9% Cannabis Excise Tax 1,879,977 807,638 1,072,339 43.0% 1,088,288 -25.8% Real Property Transfer Tax 1,328,218 609,395 718,824 45.9% 885,362 -31.2% Total Tax Revenues 135,562,739 84,135,194 51,427,545 62.1% 81,666,050 3.0%
LICENSES & PERMITS
Licenses & Permits 159,858 108,323 51,536 67.8% 108,541 -0.2% Total 159,858 108,323 51,536 67.8% 108,541 -0.2%
FINES & FORFEITURES
Police 2,358,618 720,850 1,637,768 30.6% 1,404,227 -48.7% Other Fines & Forfeitures 860,302 312,565 547,737 36.3% 50,552 518.3% Total 3,218,920 1,033,416 2,185,504 32.1% 1,454,778 -29.0%
USE OF MONEY & PROPERTY
Investment Income 529,185 701,802 (172,617) 132.6% 212,985 229.5% Rents & Concessions 1,392,631 805,366 587,265 57.8% 441,326 82.5% Total 1,921,816 1,507,168 414,648 78.4% 654,311 130.3%
INTERGOVERNMENTAL
Library 905,598 452,799 452,799 50.0% 613,920 -26.2%
Fire 1,000,000 358,824 641,176 35.9% 1,453,618 -75.3%
Other Intergovernmental 709,932 330,294 379,638 46.5% 497,873 -33.7% Total 2,615,530 1,141,917 1,473,613 43.7% 2,565,411 -55.5%
FEES & SERVICE CHARGES
Community Development 6,313,279 4,491,906 1,821,373 71.2% 4,445,331 1.0% Parks & Recreation 4,511,330 2,361,976 2,149,354 52.4% 2,037,453 15.9% Other Service Charges 4,042,475 2,475,977 1,566,498 61.2% 1,860,212 33.1% Total 14,867,084 9,329,860 5,537,225 62.8% 8,342,996 11.8%
OTHER REVENUES
Interfund Charges & Reimbursement 11,944,594 6,203,149 5,741,445 51.9% 5,742,068 8.0% Overhead Indirect Allocations 9,654,155 5,582,833 4,071,322 57.8% 5,242,451 6.5% Interfund Transfers 592,510 357,223 235,287 60.3% 1,080,806 -66.9% Interfund Loans (24,140) 14,082 (38,222) -58.3% 14,082 0.0% Miscellenous 116,442 244,645 (128,203) 210.1% 374,650 -34.7% Donations 138,709 52,192 86,517 37.6% 45,394 15.0%
Franchise Fees 4,007,090 2,126,464 1,880,626 53.1% 2,170,951 -2.0% Total 26,429,360 14,580,587 11,848,773 55.2% 14,670,402 -0.6% Subtotal Non-Tax Revenues 49,212,569 27,701,271 21,511,298 56.3% 27,796,439 -0.3% TOTAL REVENUES 184,775,308 111,836,465 72,938,843 60.5% 109,462,489 2.2%
CITY OF SANTA BARBARA
General Fund
Interim Statement of Budgeted and Actual Revenues
For Seven Months Ended January 31, 2023 (58.3% of Fiscal Year)
YTD
Expended
Revised YTD Encum- Remaining and Previous
Budget Actual brances Balance Encumbered YTD
GENERAL GOVERNMENT
Mayor & City Council
MAYOR & CITY COUNCIL 1,054,553 568,311 9,377 476,865 54.8% 529,715 ARTS AND COMMUNITY PROMOTIONS 2,315,403 1,602,268 681,617 31,518 98.6% 1,630,898 Total 3,369,956 2,170,578 690,994 508,383 84.9% 2,160,613 City Attorney
CITY ATTORNEY-ADMINISTRATION 1,054,181 605,290 184,050 264,841 74.9% 612,106 CITY ATTORNEY-ADVISORY 1,545,447 1,005,604 - 539,843 65.1% 840,612 CITY ATTORNEY-CIVIL LITIGATION 1,430,514 799,213 - 631,301 55.9% 616,300 CITY ATTORNEY-CODE ENFORCEMENT 511,545 271,593 - 239,952 53.1% 284,256 Total 4,541,687 2,681,700 184,050 1,675,937 63.1% 2,353,273 Administration
CITY ADMINISTRATOR 2,601,441 1,270,576 87,591 1,243,274 52.2% 1,213,546 CITY TV 729,923 395,998 97,368 236,557 67.6% 387,464
CITY CLERK 721,579 375,169 28,485 317,924 55.9% 420,873 Total 4,052,942 2,041,743 213,445 1,797,755 55.6% 2,022,630 Human Resources
HUMAN RESOURCES 2,586,521 1,127,902 32,164 1,426,455 44.9% 1,055,446 EMPLOYEE RELATIONS 418,693 159,665 74,739 184,290 56.0% 132,872 EMPLOYEE DEVELOPMENT 42,699 7,960 - 34,739 18.6% 3,000
Total 3,047,913 1,295,527 106,903 1,645,483 46.0% 1,191,318 Finance
ADMINISTRATION 326,809 200,373 10,341 116,095 64.5% 234,109 REVENUE & CASH MANAGEMENT 773,693 323,376 9,319 440,998 43.0% 311,227 CASHIERING & COLLECTION 636,968 324,279 - 312,689 50.9% 339,488 LICENSES & PERMITS 766,641 309,973 274,942 181,726 76.3% 257,995 BUDGET MANAGEMENT 816,288 480,861 1 335,426 58.9% 323,475 ACCOUNTING 1,141,852 642,296 60,592 438,965 61.6% 552,506 PAYROLL 479,984 289,234 - 190,750 60.3% 286,241
ACCOUNTS PAYABLE 278,278 172,361 - 105,917 61.9% 156,481 CITY BILLING & CUSTOMER SERVICE 833,618 415,276 1,692 416,651 50.0% 345,859 PURCHASING 840,556 480,230 40 360,286 57.1% 496,487
CENTRAL WAREHOUSE 244,738 141,638 - 103,100 57.9% 138,056 MAIL SERVICES 163,466 90,783 9,682 63,000 61.5% 85,606
Total 7,302,891 3,870,680 366,608 3,065,604 58.0% 3,527,529 TOTAL GENERAL GOVERNMENT 22,315,390 12,060,228 1,561,999 8,693,163 61.0% 11,255,363
CITY OF SANTA BARBARA
General Fund
Interim Statement of Appropriations, Expenditures and Encumbrances For Seven Months Ended January 31, 2023 (58.3% of Fiscal Year)
YTD
Expended
Revised YTD Encum- Remaining and Previous
Budget Actual brances Balance Encumbered YTD
CITY OF SANTA BARBARA
General Fund
Interim Statement of Appropriations, Expenditures and Encumbrances For Seven Months Ended January 31, 2023 (58.3% of Fiscal Year)
PUBLIC SAFETY
Police
CHIEF'S STAFF 1,090,756 850,074 8,182 232,500 78.7% 1,063,928 BUSINESS OFFICE 675,625 345,043 3,533 327,049 51.6% 322,795 RECORDS BUREAU 2,142,109 970,881 1,790 1,169,438 45.4% 1,019,055 STRATEGIC OPERATIONS AND PERSONNEL 1,902,857 1,126,984 161,497 614,376 67.7% 1,138,833 PROPERTY ROOM 259,996 156,265 - 103,731 60.1% 122,219
TRAINING, RECRUITMENT AND WELLNESS 2,118,941 910,043 61,006 1,147,891 45.8% 910,127 RANGE AND EQUIPMENT 1,593,310 908,978 41,912 642,419 59.7% 868,068 COMMUNITY & MEDIA RELATIONS 290,304 86,421 - 203,882 29.8% 212,703 INFORMATION TECHNOLOGY/CRIME ANALYSIS 1,757,195 1,152,252 64,533 540,411 69.2% 1,140,556 CRIMINAL INVESTIGATIONS & INTERNAL OP'S 6,238,744 3,340,709 8,419 2,889,616 53.7% 3,101,220 CRIME LAB 170,298 92,531 - 77,767 54.3% 90,699
FIELD OPERATIONS DIVISION 23,352,842 12,358,307 24,826 10,969,709 53.0% 10,976,515 TRAFFIC 772,855 270,596 - 502,259 35.0% 714,834
SPECIAL EVENTS 627,643 444,995 544 182,105 71.0% 454,195 STREET CRIMES UNIT 2,731,971 854,023 (0) 1,877,948 31.3% 763,641 SPECIAL ENFORCEMENT TEAM 884,466 133,233 - 751,233 15.1% 542,212 PARKING AND STREET SWEEPING 397,555 238,011 - 159,544 59.9% 219,536 PARKING ENFORCEMENT 1,482,760 397,666 100,406 984,687 33.6% 529,689 COMBINED COMMUNICATIONS CENTER 3,140,937 2,005,892 6,661 1,128,384 64.1% 1,911,086 ANIMAL CONTROL 954,668 361,752 117,251 475,665 50.2% 480,297 Total 52,585,829 27,004,656 600,560 24,980,613 52.5% 26,582,205 Fire
ADMINISTRATION 1,322,186 760,553 476 561,157 57.6% 665,351 EMERGENCY SERVICES AND PUBLIC ED 578,117 263,825 - 314,291 45.6% 284,989 PREVENTION 1,598,680 764,812 525 833,343 47.9% 710,386
WILDLAND FIRE MITIGATION PROGRAM 738,902 213,183 24,989 500,731 32.2% 162,023 OPERATIONS 26,399,047 15,141,785 109,477 11,147,785 57.8% 15,780,108 TRAINING AND RECRUITMENT 1,187,072 470,863 - 716,210 39.7% 375,091 ARFF 3,105,504 1,927,560 - 1,177,944 62.1% 1,780,898
Total 34,929,508 19,542,580 135,467 15,251,461 56.3% 19,758,846 TOTAL PUBLIC SAFETY 87,515,337 46,547,236 736,027 40,232,074 54.0% 46,341,052
PUBLIC WORKS
Public Works
ADMINISTRATION 1,522,713 751,340 15,737 755,636 50.4% 725,525 ENGINEERING SVCS 7,039,564 3,434,441 44,016 3,561,107 49.4% 3,301,578 PUBLIC RT OF WAY MGMT 2,092,273 929,726 40,612 1,121,935 46.4% 910,185 ENVIRONMENTAL PROGRAMS 803,356 267,600 152,885 382,871 52.3% 367,439 Total 11,457,906 5,383,106 253,251 5,821,549 49.2% 5,304,727 TOTAL PUBLIC WORKS 11,457,906 5,383,106 253,251 5,821,549 49.2% 5,304,727
YTD
Expended
Revised YTD Encum- Remaining and Previous
Budget Actual brances Balance Encumbered YTD
CITY OF SANTA BARBARA
General Fund
Interim Statement of Appropriations, Expenditures and Encumbrances For Seven Months Ended January 31, 2023 (58.3% of Fiscal Year)
COMMUNITY SERVICES
Parks & Recreation
REC PROGRAM MGMT 1,103,173 481,465 4,597 617,110 44.1% 385,412 FACILITIES & SPECIAL EVENTS 1,573,652 881,355 194,235 498,062 68.3% 688,026 YOUTH ACTIVITIES 1,631,330 843,457 17,401 770,471 52.8% 697,856 ACTIVE ADULTS 1,109,737 509,117 9,599 591,021 46.7% 481,105 AQUATICS 2,191,134 1,146,618 149,580 894,936 59.2% 1,139,119 SPORTS 856,188 383,560 137,600 335,028 60.9% 358,308
TENNIS 558,388 231,859 152,712 173,818 68.9% 217,669
NEIGHBORHOOD & OUTREACH SERV 1,235,466 635,006 17,177 583,283 52.8% 558,887 ADMINISTRATION 1,249,735 680,986 680 568,070 54.5% 612,903 PROJECT MANAGEMENT TEAM 720,712 372,060 19,276 329,376 54.3% 286,327 PARK OPERATIONS MANAGEMENT 1,043,643 597,701 2,704 443,238 57.5% 356,926 GROUNDS & FACILITIES MAINTENANCE 5,964,591 3,227,737 113,591 2,623,263 56.0% 3,025,779 FORESTRY 1,804,092 865,503 123,883 814,706 54.8% 800,616 BEACH MAINTENANCE 157,254 60,584 7,723 88,948 43.4% 78,462 MEDIANS PARKWAYS & CONTRACTS 607,447 265,625 82,013 259,809 57.2% 289,645 Total 21,806,542 11,182,633 1,032,772 9,591,138 56.0% 9,977,040 Library
ADMINISTRATION 932,821 535,630 51,823 345,367 63.0% 382,420 CENTRAL LIBRARY 5,946,744 3,031,022 52,394 2,863,328 51.9% 2,626,422 EASTSIDE LIBRARY 386,328 163,620 1,756 220,952 42.8% 176,412 LIBRARY ON THE GO 192,691 76,192 - 116,499 39.5% 56,802 ADULT EDUCATION 212,056 27,542 - 184,514 13.0% -
Total 7,670,640 3,834,006 105,973 3,730,661 51.4% 3,242,056 TOTAL COMMUNITY SERVICES 29,477,182 15,016,639 1,138,745 13,321,798 54.8% 13,219,097
COMMUNITY DEVELOPMENT
Community Development
ADMINISTRATION 2,014,906 1,164,036 35,878 814,993 59.6% 812,654 RENTAL HOUSING MEDIATION 321,113 186,875 - 134,238 58.2% 171,004 HUMAN SERVICES 862,824 302,621 515,974 44,229 94.9% 350,635 LONG RANGE PLAN & SPEC STUDY 995,328 521,233 278 473,817 52.4% 597,959 DEVEL & ENVIRONMENTAL REVIEW 1,736,654 892,389 6,164 838,101 51.7% 870,433 ZONING INFO & ENFORCEMENT 1,744,050 755,626 16,758 971,666 44.3% 792,349 DESIGN REV & HIST PRESERVATION 1,582,720 794,982 2,876 784,862 50.4% 879,174 BLDG INSP & CODE ENFORCEMENT 1,776,300 843,614 12,724 919,962 48.2% 1,008,703 RECORDS ARCHIVES & CLER SVCS 797,593 384,181 36,628 376,785 52.8% 384,368 BLDG COUNTER & PLAN REV SVCS 2,646,010 1,313,220 195,639 1,137,151 57.0% 1,195,452 CODE COMPLIANCE 771,758 311,593 194 459,971 40.4% -
Total 15,249,256 7,470,369 823,112 6,955,775 54.4% 7,062,732 TOTAL COMMUNITY DEVELOPMENT 15,249,256 7,470,369 823,112 6,955,775 54.4% 7,062,732
YTD
Expended
Revised YTD Encum- Remaining and Previous
Budget Actual brances Balance Encumbered YTD
CITY OF SANTA BARBARA
General Fund
Interim Statement of Appropriations, Expenditures and Encumbrances For Seven Months Ended January 31, 2023 (58.3% of Fiscal Year)
SUSTAINABILITY AND RESILIENCE
Sustainability and Resilience
ADMINISTRATION 75,245 15,239 56,195 3,810 94.9% 34,163
Total 75,245 15,239 56,195 3,810 94.9% 34,163
TOTAL SUSTAINABILITY AND RESILIENCE 75,245 15,239 56,195 3,810 94.9% 34,163
NON-DEPARTMENTAL
Non-Departmental
ANTICIPATED SALARY SAVINGS (4,420,842) - - (4,420,842) 0.0% - TRANSFERS OUT 4,233,743 500,933 - 3,732,810 11.8% 1,826,523 CAPITAL OUTLAY TRANSFER 29,437,026 17,171,598 - 12,265,428 58.3% 14,964,494 APPROP. RESERVE 144,250 - - 144,250 0.0% -
Total 29,394,177 17,672,532 - 11,721,645 60.1% 16,791,017 TOTAL NON-DEPARTMENTAL 29,394,177 17,672,532 - 11,721,645 60.1% 16,791,017 TOTAL EXPENDITURES 195,484,492 104,165,349 4,569,329 86,749,814 55.6% 100,008,151 ** The legal level of budgetary control is at the department level for the General Fund. Therefore, as long as the department as a whole is within budget, budgetary compliance has been achieved. The City actively monitors the budget status of each department and takes measures to address potential over budget situations before they occur.
For Enterprise and Internal Service Funds, the level of budgetary control is at the fund level. The City also monitors and addresses these fund types for potential over budget situations.
Revised YTD Encum- Remaining Percent of Previous
Budget Actual brances Balance Budget YTD
TRAFFIC SAFETY FUND
Revenue 245,000 110,245 - 134,755 45.0% 127,821
Expenditures 245,000 110,245 - 134,755 45.0% 127,821
Revenue Less Expenditures - - - - -
CREEK RESTORATION/WATER QUALITY IMPRVMT
Revenue 4,845,513 3,623,491 - 1,222,022 74.8% 3,357,157 Expenditures 5,259,431 2,406,258 611,284 2,241,889 57.4% 2,012,620 Revenue Less Expenditures (413,918) 1,217,233 (611,284) (1,019,867) 1,344,537
COMMUNITY DEVELOPMENT BLOCK GRANT
Revenue 1,846,634 257,929 - 1,588,705 14.0% 317,287
Expenditures 2,448,829 378,684 1,276,575 793,570 67.6% 654,077 Revenue Less Expenditures (602,195) (120,755) (1,276,575) 795,136 (336,790)
COUNTY LIBRARY
Revenue 446,729 152,409 - 294,320 34.1% 354,459
Expenditures 466,874 242,763 6,363 217,748 53.4% 485,635 Revenue Less Expenditures (20,146) (90,354) (6,363) 76,571 (131,177)
STREETS FUND
Revenue 13,178,081 7,703,924 - 5,474,157 58.5% 7,173,782 Expenditures 13,326,601 7,208,932 248,505 5,869,164 56.0% 6,872,309 Revenue Less Expenditures (148,520) 494,992 (248,505) (395,008) 301,472
MEASURE A FUND
Revenue 5,045,484 2,891,921 - 2,153,563 57.3% 2,942,875 Expenditures 5,059,908 2,415,152 298,097 2,346,659 53.6% 2,206,549 Revenue Less Expenditures (14,424) 476,769 (298,097) (193,096) 736,326
CITY OF SANTA BARBARA
Interim Statement of Revenues and Expenditures
Special Revenue Funds
For Seven Months Ended January 31, 2023 (58.3% of Fiscal Year)
Revised YTD Encum- Remaining Percent of Previous
Budget Actual brances Balance Budget YTD
REVENUES
Service charges 33,716,747 19,630,159 - 14,086,588 58.2% 18,661,270 Other Fees & Charges 70,000 19,828 - 50,172 28.3% 894,889 Investment Income 44,500 62,912 - (18,412) 141.4% 18,667 Grants 155,450 155,450 - - 100.0% 23,211
Miscellaneous 286,223 308,914 - (22,691) 107.9% (4,798) TOTAL REVENUES 34,272,920 20,177,263 - 14,095,657 58.9% 19,593,240
EXPENSES
Salaries & Benefits 1,813,767 836,109 - 977,658 46.1% 851,806 Materials, Supplies & Services 31,341,178 17,045,526 551,122 13,744,530 56.1% 15,430,532 Special Projects 1,366,410 424,124 306,197 636,089 53.4% 69,673 Transfers-Out 50,000 29,167 - 20,833 58.3% 29,167
Capital Outlay Transfers 973 568 - 405 58.3% 1,135
Equipment 277,960 67,664 158,189 52,107 81.3% 12,450
Other 40,000 - - 40,000 0.0% -
Appropriated Reserve 22,420 - - 22,420 0.0% -
TOTAL EXPENSES 34,912,708 18,403,158 1,015,508 15,494,042 55.6% 16,394,764 Revenue Less Expense (639,788) 1,774,106 (1,015,508) (1,398,385) 3,198,476
CITY OF SANTA BARBARA
Interim Statement of Revenues and Expenditures
For Seven Months Ended January 31, 2023 (58.3% of Fiscal Year)
SOLID WASTE FUND
Revised YTD Encum- Remaining Percent of Previous
Budget Actual brances Balance Budget YTD
REVENUES
Water Sales- Metered 60,197,486 36,746,607 - 23,450,879 61.0% 36,205,398 Service Charges 208,765 164,584 - 44,181 78.8% 183,309
Cater JPA Treatment Charges 2,359,556 1,390,060 - 969,496 58.9% 1,485,554 Investment Income 901,175 1,002,144 - (100,969) 111.2% 398,854 Reimbursements 6,759,704 3,727,574 - 3,032,130 55.1% 1,722,710 Miscellaneous 66,128 82,753 - (16,625) 125.1% 454,496
TOTAL REVENUES 70,492,814 43,113,722 - 27,379,092 61.2% 40,586,263
EXPENSES
Salaries & Benefits 13,981,945 7,326,627 - 6,655,318 52.4% 6,931,670 Materials, Supplies & Services 20,981,815 9,111,524 5,384,238 6,486,053 69.1% 7,722,111 Special Projects 803,622 298,793 269,246 235,583 70.7% 186,739 Water Purchases 11,084,565 4,888,866 - 6,195,699 44.1% 5,412,620 Debt Service 9,221,536 5,533,761 - 3,687,775 60.0% 5,469,967 Capital Outlay Transfers 14,080,186 8,213,442 - 5,866,744 58.3% 13,365,524 Equipment 247,606 40,134 9,003 198,470 19.8% 33,661
Capitalized Fixed Assets 290,275 53,296 102,710 134,269 53.7% 79,292 Other 33,800 35,148 - (1,348) 104.0% 31,475
Appropriated Reserve 150,000 - - 150,000 0.0% -
TOTAL EXPENSES 70,875,350 35,501,591 5,765,196 29,608,563 58.2% 39,233,060 Revenue Less Expense (382,536) 7,612,131 (5,765,196) (2,229,471) 1,353,203 NOTE-These figures reflect the operating fund only. Though the capital fund is excluded, the current year contribution
CITY OF SANTA BARBARA
Interim Statement of Revenues and Expenditures
For Seven Months Ended January 31, 2023 (58.3% of Fiscal Year)
WATER OPERATING FUND
from the operating fund is shown in the Capital Transfers.
Revised YTD Encum- Remaining Percent of Previous
Budget Actual brances Balance Budget YTD
REVENUES
Service Charges 26,609,956 15,270,074 - 11,339,882 57.4% 14,582,531 Fees 584,826 365,191 - 219,635 62.4% 267,312
Investment Income 180,700 191,338 - (10,638) 105.9% 79,989 Rents & Concessions 61,072 28,585 - 32,488 46.8% 33,614 Miscellaneous 5,000 3,179 - 1,821 63.6% 4,437
TOTAL REVENUES 27,441,554 15,858,366 - 11,583,188 57.8% 14,967,882
EXPENSES
Salaries & Benefits 8,562,134 4,758,482 - 3,803,651 55.6% 4,343,672 Materials, Supplies & Services 10,216,367 5,199,230 1,467,036 3,550,101 65.3% 4,762,533 Special Projects 993,283 216,368 137,816 639,099 35.7% 243,765 Debt Service 3,551,087 579,041 - 2,972,046 16.3% 600,166 Capital Outlay Transfers 4,743,055 2,766,782 - 1,976,273 58.3% 2,881,573 Equipment 128,500 19,271 8,684 100,546 21.8% 50,692
Capitalized Fixed Assets 122,246 55,810 - 66,436 45.7% 42,899 Other 4,000 1,513 1,500 988 75.3% 1,985
TOTAL EXPENSES 28,320,673 13,596,497 1,615,036 13,109,140 53.7% 12,927,286 Revenue Less Expense (879,119) 2,261,870 (1,615,036) (1,525,952) 2,040,597 NOTE-These figures reflect the operating fund only. Though the capital fund is excluded, the current year contribution
CITY OF SANTA BARBARA
Interim Statement of Revenues and Expenditures
For Seven Months Ended January 31, 2023 (58.3% of Fiscal Year)
WASTEWATER OPERATING FUND
from the operating fund is shown in the Capital Transfers.
Revised YTD Encum- Remaining Percent of Previous
Budget Actual brances Balance Budget YTD
REVENUES
Improvement Tax 900,000 722,943 - 177,057 80.3% 647,656 Parking Fees 8,283,728 4,327,337 - 3,956,391 52.2% 2,550,025 Other Fees & Charges 30,000 8,736 - 21,264 29.1% 17,078 Investment Income 37,400 41,866 - (4,466) 111.9% 16,673 Rents & Concessions 157,760 165,139 - (7,379) 104.7% 95,527 Miscellaneous 144,366 61,114 - 83,252 42.3% 224,135
Operating Transfers-In 1,063,743 416,350 - 647,393 39.1% 426,822 TOTAL REVENUES 10,616,997 5,743,485 - 4,873,512 54.1% 3,977,916
EXPENSES
Salaries & Benefits 5,255,213 2,817,830 - 2,437,382 53.6% 2,304,288 Materials, Supplies & Services 4,277,554 2,340,159 852,560 1,084,835 74.6% 1,781,657 Special Projects 439,362 140,746 273,673 24,943 94.3% 190,210 Capital Outlay Transfers 721,087 420,634 - 300,453 58.3% 132,081 Equipment 47,165 4,870 - 42,295 10.3% 2,921
Appropriated Reserve 10,000 - - 10,000 0.0% -
TOTAL EXPENSES 10,750,380 5,724,239 1,126,233 3,899,908 63.7% 4,411,158 Revenue Less Expense (133,383) 19,246 (1,126,233) 973,604 (433,242) NOTE-These figures reflect the operating fund only. Though the capital fund is excluded, the current year contribution
CITY OF SANTA BARBARA
Interim Statement of Revenues and Expenditures
For Seven Months Ended January 31, 2023 (58.3% of Fiscal Year)
DOWNTOWN PARKING FUND
from the operating fund is shown in the Capital Transfers.
Revised YTD Encum- Remaining Percent of Previous
Budget Actual brances Balance Budget YTD
REVENUES
Leases-Commercial/Industrial 5,607,214 2,485,082 - 3,122,132 44.3% 3,063,419 Leases-Terminal 9,757,487 6,074,015 - 3,683,472 62.2% 4,915,254 Leases-Non-Commercial Aviation 4,658,247 2,469,354 - 2,188,894 53.0% 2,890,096 Leases-Commercial Aviation 6,374,208 3,347,562 - 3,026,646 52.5% 2,922,161 Investment Income 200,500 244,556 - (44,056) 122.0% 85,742 Grants 437,036 - - 437,036 0.0% 5,907,498
Service Charges - 1,091 - (1,091) 100.0% 738
Miscellaneous 150,459 59,982 - 90,477 39.9% 77,395
Operating Transfers-In - - - - 0.0% 125,117
TOTAL REVENUES 27,185,151 14,681,642 - 12,503,509 54.0% 19,987,420
EXPENSES
Salaries & Benefits 10,376,693 5,608,979 - 4,767,714 54.1% 5,017,344 Materials, Supplies & Services 13,014,017 6,285,285 1,933,096 4,795,636 63.2% 5,843,324 Special Projects 2,790,947 403,081 1,020,533 1,367,333 51.0% 293,704 Transfer-Out 250,000 145,833 - 104,167 58.3% -
Debt Service 1,551,750 905,188 - 646,563 58.3% 907,521
Capital Outlay Transfers 1,747,518 788,988 - 958,530 45.1% 2,392,782 Equipment 253,990 43,082 29,067 181,841 28.4% 69,510
Appropriated Reserve 131,556 - - 131,556 0.0% -
TOTAL EXPENSES 30,116,471 14,180,436 2,982,695 12,953,340 57.0% 14,524,184 Revenue Less Expense (2,931,320) 501,206 (2,982,695) (449,831) 5,463,236 NOTE-These figures reflect the operating fund only. Though the capital fund is excluded, the current year contribution
CITY OF SANTA BARBARA
Interim Statement of Revenues and Expenditures
For Seven Months Ended January 31, 2023 (58.3% of Fiscal Year)
AIRPORT OPERATING FUND
from the operating fund is shown in the Capital Transfers.
Revised YTD Encum- Remaining Percent of Previous
Budget Actual brances Balance Budget YTD
REVENUES
Fees & Card Sales 3,652,737 2,261,557 - 1,391,180 61.9% 2,132,352 Investment Income 22,500 29,575 - (7,075) 131.4% 9,884
Rents & Concessions 162,252 129,151 - 33,101 79.6% 101,971 Miscellaneous - 369 - (369) 100.0% (984)
TOTAL REVENUES 3,837,489 2,420,652 - 1,416,837 63.1% 2,243,222
EXPENSES
Salaries & Benefits 87,333 48,844 - 38,490 55.9% 45,815 Materials, Supplies & Services 2,937,645 1,541,709 1,304,556 91,380 96.9% 1,462,814 Debt Service 41,430 - - 41,430 0.0% -
Capital Outlay Transfers 228,000 133,000 - 95,000 58.3% 122,871 Equipment 250 163 - 87 65.3% -
TOTAL EXPENSES 3,294,658 1,723,716 1,304,556 266,387 91.9% 1,631,500 Revenue Less Expense 542,831 696,936 (1,304,556) 1,150,451 611,723 NOTE-These figures reflect the operating fund only. Though the capital fund is excluded, the current year contribution from the operating fund is shown in the Capital Transfers.
CITY OF SANTA BARBARA
Interim Statement of Revenues and Expenditures
For Seven Months Ended January 31, 2023 (58.3% of Fiscal Year)
GOLF COURSE FUND
Revised YTD Encum- Remaining Percent of Previous
Budget Actual brances Balance Budget YTD
REVENUES
Service Charges 3,355,887 1,957,601 - 1,398,286 58.3% 1,801,280 Work Orders - Bldg Maint. 3,608,512 2,029,687 - 1,578,825 56.2% 1,767,813 Miscellaneous 10,500 89 - 10,411 0.8% 1,602
Operating Transfers-In 150,000 - - 150,000 0.0% -
TOTAL REVENUES 7,124,899 3,987,377 - 3,137,522 56.0% 3,570,695
EXPENSES
Salaries & Benefits 4,629,735 2,501,084 - 2,128,651 54.0% 2,266,716 Materials, Supplies & Services 2,070,928 1,101,314 472,003 497,610 76.0% 1,089,385 Special Projects 287,955 221,028 81,395 (14,468) 105.0% 132,896 Capital Outlay Transfers 193,598 112,932 - 80,666 58.3% 278,366 Equipment 10,000 2,993 - 7,007 29.9% 2,450
Appropriated Reserve 85,065 - - 85,065 0.0% -
TOTAL EXPENSES 7,277,281 3,939,352 553,398 2,784,531 61.7% 3,769,812 Revenue Less Expense (152,382) 48,025 (553,398) 352,991 (199,117)
CITY OF SANTA BARBARA
Interim Statement of Revenues and Expenditures
For Seven Months Ended January 31, 2023 (58.3% of Fiscal Year)
FACILITIES MANAGEMENT FUND
Revised YTD Encum- Remaining Percent of Previous
Budget Actual brances Balance Budget YTD
REVENUES
Vehicle Rental Charges 3,182,866 1,736,657 - 1,446,209 54.6% 1,755,122 Investment Income 204,248 162,201 - 42,047 79.4% 72,013 Rents & Concessions 107,553 60,184 - 47,369 56.0% 69,768 Miscellaneous 68,000 119,551 - (51,551) 175.8% 51,336
Operating Transfers-In 198,778 - - 198,778 0.0% 29,000
TOTAL REVENUES 3,761,445 2,078,593 - 1,682,852 55.3% 1,977,239
EXPENSES
Salaries & Benefits 231,260 105,419 - 125,841 45.6% 110,543 Materials, Supplies & Services 21,038 2,983 - 18,055 14.2% 9,700 Debt Service 407,593 303,186 104,408 (0) 100.0% -
Capital Outlay Transfers - - - - 0.0% 626,083
Capitalized Fixed Assets 3,286,744 424,236 1,602,756 1,259,752 61.7% 765,072 TOTAL EXPENSES 3,946,635 835,824 1,707,163 1,403,648 64.4% 1,511,398 Revenue Less Expense (185,190) 1,242,768 (1,707,163) 279,205 465,841
CITY OF SANTA BARBARA
Interim Statement of Revenues and Expenditures
For Seven Months Ended January 31, 2023 (58.3% of Fiscal Year)
FLEET REPLACEMENT FUND
Revised YTD Encum- Remaining Percent of Previous
Budget Actual brances Balance Budget YTD
REVENUES
Vehicle Maintenance Charges 3,161,802 1,834,171 - 1,327,631 58.0% 1,695,852 Reimbursements 5,000 2,917 - 2,083 58.3% 2,917
Miscellaneous 60,000 60,531 - (531) 100.9% 42,268
TOTAL REVENUES 3,226,802 1,897,619 - 1,329,183 58.8% 1,741,037
EXPENSES
Salaries & Benefits 1,698,636 892,218 - 806,417 52.5% 859,493 Materials, Supplies & Services 1,463,788 825,757 245,518 392,513 73.2% 736,077 Special Projects 64,994 25,378 43,176 (3,560) 105.5% 45,589 Capital Outlay Transfers 1,467 856 - 611 58.3% 30,712
Equipment 7,884 873 - 7,011 11.1% 764
Capitalized Fixed Assets 30,275 - 30,275 - 100.0% 12,991 Appropriated Reserve 15,000 - - 15,000 0.0% -
TOTAL EXPENSES 3,282,043 1,745,082 318,969 1,217,993 62.9% 1,685,625 Revenue Less Expense (55,241) 152,538 (318,969) 111,190 55,412
CITY OF SANTA BARBARA
Interim Statement of Revenues and Expenditures
For Seven Months Ended January 31, 2023 (58.3% of Fiscal Year)
FLEET MAINTENANCE FUND
Revised YTD Encum- Remaining Percent of Previous
Budget Actual brances Balance Budget YTD
REVENUES
Insurance Premiums 7,658,599 4,467,516 - 3,191,083 58.3% 2,967,584 Workers' Compensation Premiums 4,572,008 2,665,401 - 1,906,608 58.3% 2,429,058 OSH Charges 292,974 170,902 - 122,073 58.3% 169,301
Unemployment Insurance Premium 427,559 239,321 - 188,238 56.0% 161,892 Investment Income 40,800 13,161 - 27,639 32.3% 17,513
Miscellaneous - - - - 0.0% 2,573
Operating Transfers-In 75,825 44,231 - 31,594 58.3% 475,731 TOTAL REVENUES 13,067,765 7,600,531 - 5,467,234 58.2% 6,223,651
EXPENSES
Salaries & Benefits 928,263 477,290 - 450,973 51.4% 452,713 Materials, Supplies & Services 13,275,041 6,942,256 320,711 6,012,075 54.7% 6,098,668 Capital Outlay Transfers 409 239 - 170 58.3% 477
Equipment - 479 - (479) 100.0% -
TOTAL EXPENSES 14,203,713 7,420,264 320,711 6,462,739 54.5% 6,551,858 Revenue Less Expense (1,135,948) 180,268 (320,711) (995,505) (328,207) The Self Insurance Trust Fund is an internal service fund of the City, which accounts for the cost of providing workers' compensation, property and liability insurance as well as unemployment insurance and certain self-insured employee benefits on a city-wide basis. Internal Service Funds charge other funds for the cost of providing their specific services.
CITY OF SANTA BARBARA
Interim Statement of Revenues and Expenditures
For Seven Months Ended January 31, 2023 (58.3% of Fiscal Year)
SELF INSURANCE TRUST FUND
Revised YTD Encum- Remaining Percent of Previous
Budget Actual brances Balance Budget YTD
REVENUES
Service charges 5,261,982 2,965,726 - 2,296,256 56.4% 2,616,823 Operating Transfers-In - - - - 0.0% 35,000
TOTAL REVENUES 5,261,982 2,965,726 - 2,296,256 56.4% 2,651,823
EXPENSES
Salaries & Benefits 3,420,556 1,635,236 - 1,785,320 47.8% 1,457,613 Materials, Supplies & Services 1,612,951 1,522,937 82,783 7,232 99.6% 1,376,520 Special Projects 200 632 - (432) 316.0% 9,382
Capital Outlay Transfers 111,677 65,145 - 46,532 58.3% 156,241 Equipment 12,640 15,353 833 (3,546) 128.1% 5,716
TOTAL EXPENSES 5,158,024 3,239,303 83,616 1,835,106 64.4% 3,005,472 Revenue Less Expense 103,958 (273,577) (83,616) 461,150 (353,649) NOTE-These figures reflect the operating fund only. Though the capital fund is excluded, the current year contribution from the operating fund is shown in the Capital Transfers.
CITY OF SANTA BARBARA
Interim Statement of Revenues and Expenditures
For Seven Months Ended January 31, 2023 (58.3% of Fiscal Year)
INFORMATION TECHNOLOGY FUND
Revised YTD Encum- Remaining Percent of Previous
Budget Actual brances Balance Budget YTD
REVENUES
Leases - Commercial 2,000,000 1,462,711 - 537,289 73.1% 1,389,580 Leases - Food Service 3,100,000 2,215,377 - 884,623 71.5% 2,104,849 Slip Rental Fees 5,070,940 3,019,678 - 2,051,262 59.5% 2,858,099 Visitors Fees 750,000 442,311 - 307,689 59.0% 503,090
Slip Transfer Fees 1,100,000 776,950 - 323,050 70.6% 822,425 Parking Revenue 3,254,325 2,331,014 - 923,311 71.6% 1,930,105 Wharf Parking 220,000 170,550 - 49,450 77.5% 156,106
Grants - 12,752 - (12,752) 100.0% -
Other Fees & Charges 252,630 148,820 - 103,810 58.9% 151,038 Investment Income 112,700 134,274 - (21,574) 119.1% 57,763 Rents & Concessions 392,316 267,500 - 124,816 68.2% 243,358 Reimbursements - - - - 0.0% -
Miscellaneous 783,220 540,908 - 242,312 69.1% 164,051
Operating Transfers-In - - - - 0.0% -
TOTAL REVENUES 17,036,131 11,522,846 - 5,513,286 67.6% 10,380,464
EXPENSES
Salaries & Benefits 8,297,772 4,434,518 - 3,863,253 53.4% 4,404,660 Materials, Supplies & Services 6,062,350 3,082,675 813,419 2,166,256 64.3% 2,620,981 Special Projects 296,875 112,644 14,245 169,986 42.7% 97,073 Debt Service 2,036,965 1,467,316 - 569,649 72.0% 1,467,989 Capital Outlay Transfers 2,250,000 1,166,667 - 1,083,333 51.9% 63,825 Equipment 147,075 18,402 525 128,148 12.9% 27,252
Capitalized Fixed Assets 83,840 - 36,643 47,197 43.7% - Other 2,375 1,513 - 863 63.7% 1,513
Appropriated Reserve 100,000 - - 100,000 0.0% -
TOTAL EXPENSES 19,277,251 10,283,733 864,831 8,128,686 57.8% 8,683,293 Revenue Less Expense (2,241,119) 1,239,113 (864,831) (2,615,400) 1,697,170
CITY OF SANTA BARBARA
Interim Statement of Revenues and Expenditures
For Seven Months Ended January 31, 2023 (58.3% of Fiscal Year)
WATERFRONT OPERATING FUND
NOTE - These figures reflect the operating fund only. Though the capital fund is excluded, the current year contribution from the operating fund is shown in the Capital Transfers.
Revised YTD Encum- Remaining Percent of Previous
Budget Actual brances Balance Budget YTD
REVENUES
Service Charges 34,000,000 18,686,314 - 15,313,686 55.0% 1,630,897 Investment Income - - - - 0.0% 73
Operating Transfers-In - - - - 0.0% 968,202
TOTAL REVENUES 34,000,000 18,686,314 - 15,313,686 55.0% 2,599,172
EXPENSES
Salaries & Benefits 177,610 102,686 - 74,923 57.8% 79,453 Materials, Supplies & Services 31,920,411 15,694,433 1,337,934 14,888,044 53.4% 1,805,674 Special Projects 1,110,847 587,082 38,837 484,928 56.3% 242,229 Other 311,368 - - 311,368 0.0% -
TOTAL EXPENSES 33,520,235 16,384,200 1,376,771 15,759,264 53.0% 2,127,356 Revenue Less Expense 479,765 2,302,113 (1,376,771) (445,577) 471,816
CITY OF SANTA BARBARA
Interim Statement of Revenues and Expenditures
For Seven Months Ended January 31, 2023 (58.3% of Fiscal Year)
SANTA BARBARA CLEAN ENERGY FUND
Revised YTD Encum- Remaining Percent of Previous
Budget Actual brances Balance Budget YTD
REVENUES
Service charges 2,552,568 1,488,998 - 1,063,570 58.3% 1,381,958 Grants 93,600 78,600 - 15,000 84.0% 169,601
Miscellaneous - - - - 0.0% 1
TOTAL REVENUES 2,646,168 1,567,598 - 1,078,570 59.2% 1,551,559
EXPENSES
Salaries & Benefits 812,036 362,247 - 449,789 44.6% 293,172 Materials, Supplies & Services 2,024,878 807,241 148,812 1,068,826 47.2% 698,611 Special Projects 167,778 - 51,744 116,034 30.8% 8,899
Debt Service 24,140 14,082 - 10,058 58.3% 14,082
Capital Outlay Transfers 435 254 - 181 58.3% 58,841
Equipment 9,471 5,522 22 3,927 58.5% -
Capitalized Fixed Assets 78,600 - 78,600 - 100.0% -
TOTAL EXPENSES 3,117,338 1,189,345 279,177 1,648,815 47.1% 1,073,604 Revenue Less Expense (471,170) 378,253 (279,177) (570,245) 477,956 NOTE-These figures reflect the operating fund only. Though the capital fund is excluded, the current year contribution from the operating fund is shown in the Capital Transfers.
CITY OF SANTA BARBARA
Interim Statement of Revenues and Expenditures
For Seven Months Ended January 31, 2023 (58.3% of Fiscal Year)
ENERGY AND CLIMATE MANAGEMENT FUND
CITY OF SANTA BARBARA
COUNCIL AGENDA REPORT
AGENDA DATE: March 21, 2023
TO: Mayor and Councilmembers
FROM: Accounting Division, Finance Department
SUBJECT: COVID-Related Disaster Recovery Management and Recovery [Agreement]
RECOMMENDATION:
Authorize the Finance Director to amend Agreement 22000266 with AG Witt, LLC for disaster recovery management services related to COVID by $15,000 for a total amount of $49,999.
DISCUSSION:
On May 20, 2020, the City entered into an agreement with AG Witt, LLC to provide comprehensive disaster recovery management services directly related to the COVID-19 pandemic. These services included reviewing eligible costs for potential reimbursement, ensuring procurement processes are in compliance with federal, state, and local regulations, and establishing a database and tracking system for disaster-related grants.
The COVID-19 pandemic and related disaster recovery management services extended longer and required additional support than were previously planned when the agreement was first executed just a few months after the pandemic began. This amendment is required in order to fund the final reimbursement efforts related to COVID-19.
BUDGET/FINANCIAL INFORMATION:
Disaster recovery management services are eligible, reimbursable expenses from FEMA. As part of the third quarter financial projection update to the City Council scheduled for May of 2023, staff will include a budget adjustment for the final revenue and expenditure appropriation in the FEMA disaster fund.
A Copy of the amendment may be requested from the Finance Department for public review by contacting [email protected].
Agenda Item No. 8
File Code No. 520.02
Council Agenda Report
COVID-Related Disaster Recovery Management and Recovery [Agreement] March 21, 2023
PREPARED BY: Doug Smith, Accounting Manager
SUBMITTED BY: Keith DeMartini, Finance Director
APPROVED BY: City Administrator's Office
CITY OF SANTA BARBARA
COUNCIL AGENDA REPORT
AGENDA DATE: March 21, 2023
TO: Mayor and Councilmembers
FROM: Housing and Human Services Division, Community Development Department
SUBJECT: Community Development and Human Services Committee Funding Recommendations and 2024 Action Plan Public Hearing
RECOMMENDATION: That Council:
A. Approve the Fiscal Year 2024 and 2025 funding recommendations of the Community Development and Human Services Committee (CDHSC) for use of Human Services funds;
B. Approve the Fiscal Year 2024 funding recommendations of the Community Development and Human Services Committee (CDHSC) for use of Community Development Block Grant funds;
C. Authorize the Community Development Director to negotiate and execute grant agreements implementing the funding recommendations, subject to the review and approval as to form by the City Attorney; and
D. Conduct a public hearing to obtain input on the City’s Annual Action Plan for Fiscal Year 2024.
EXECUTIVE SUMMARY:
Each year the City awards Human Services grants to entities that serve City residents, with funding coming from the General Fund and federal Community Development Block Grant (CDBG) funds. The total annual program budget is approximately $1.7 million. The City received 46 funding requests, totaling approximately $2.5 million. After an extensive review of each application, the Community Development and Human Services Committee (CDHSC) is recommending funding for 41 proposals. The recommendations adhere to the criteria and priorities previously approved by City Council. In order to receive CDBG and HOME Investment Partnership Program funding, the City must submit an Annual Action Plan (AAP) that outlines its annual strategies and goals to address identified Agenda Item No. 10
File Code No. 610.05
Council Agenda Report
Community Development and Human Services Committee Recommendations Funding Recommendations and 2024 Action Plan Public Hearing
March 21, 2023
housing and community development needs. At least two public hearings must be held during its development, and this meeting serves as the second public hearing.
DISCUSSION:
On October 4, 2022, Council established a Fiscal Year 2024 General Fund commitment of $476,150 to support Human Service programs that provide direct services to lowincome City residents. On December 6, 2022, Council voted to increase support to Human Service programs by an additional $250,000. Public Service and Human Service recommendations listed in this report are for a 24-month period beginning July 1, 2023, and are funded with a combination of Human Services and CDBG dollars. Capital grants listed in this report are for a 12-month period beginning July 1, 2023, and are funded with CDBG dollars.
CDBG funding is provided annually to the City, and can be used for a variety of eligible activities benefiting low- and moderate-income persons. By law, up to 15 percent of CDBG funds may be used for public service activities, and up to 20 percent may be allocated for administration of the CDBG and Fair Housing programs. The remaining 65 percent may be used for capital construction and economic development projects.
At the time the recommendations were developed, the City had not been notified of its Fiscal Year 2023–2024 CDBG allocation, so the recommended grant amounts were based on estimated level funding from Fiscal Year 2022–2023. Prior-year unexpended CDBG funds and program income are also available. A contingency plan was developed in the event of reduced or increased CDBG funds, which is explained further in this report.
Funding Priorities
On October 4, 2022, Council adopted the following Public/Human Services priorities:
• 1
st Priority – Programs that help meet basic human needs, specifically food, shelter/housing, medical (physical and mental); and
• 2
nd Priority – Proposals that reduce the impact of violence, including the prevention of gun violence and suicide; and/or are preventive in nature; and/or promote the highest degree of functioning the individual is capable of achieving.
Council adopted the following priorities for CDBG proposals:
• Homeless Assistance – Programs that provide services to homeless individuals and families, and victims of domestic violence.
• Public Facilities and Infrastructure – Capital projects that improve facilities of organizations that serve low- and moderate-income residents, and public infrastructure and parks improvements in low- and moderate-income neighborhoods.
Council Agenda Report
Community Development and Human Services Committee Recommendations Funding Recommendations and 2024 Action Plan Public Hearing
March 21, 2023
• Economic Development – Support of programs that provide self-employment training and small business loans.
At the same time, Council adopted a two-year grant request priority for Human Service, Public Service, and Economic Development applications.
Funding Process
Advance notice of funding availability was emailed to all agencies that had communicated an interest in applying, applied for funding in the past two years, and received a current grant. Additionally, an advertisement was published in the Santa Barbara Independent, posted on the home page of the City of Santa Barbara’s website and Facebook page, and posted on the Nonprofit Resource Network of Santa Barbara County website. Links to the application website, instructions, informational and educational materials, and Frequently Asked Questions were added to the City website as well.
A mandatory Application Workshop for prospective applicants was held on November 8, 2022. The grant application period opened on November 9, 2022. Staff provided assistance to applicants who were completing the application and offered feedback on applications that were submitted prior to the deadline. Applications were submitted electronically using a web-based platform.
Forty-six applications were submitted by the deadline on December 7, 2022. The total requested funding equaled approximately $2.5 million, which exceeded the available funding for Public/Human Service programs and Capital projects by more than $1 million dollars.
The application review process was a significant undertaking that spanned January and February. Applications were reviewed by the CDHSC, a citizen review panel appointed by Council to make funding recommendations. As part of the process, Committee members analyzed each application package, which included a 47-question application form, proposed outcome measures, a client demographics page, a program and agency budget, and board of directors’ roster. Applicants were also required to submit independently reviewed financial reports and tax returns, which staff evaluated in order to notify the Committee of any potential concerns, such as excessive debt or operating deficits.
The Committee spent three nights interviewing applicants, followed by a fourth meeting to deliberate on the requests before the members calculated their individual scores.
Committee members also conducted site visits and reviewed the performance reports of applicants that have previously received Human Service/CDBG funds.
Committee members scored applicants based on their written proposals and verbal presentations. Committee members who had a conflict of interest with an applicant were required to abstain from scoring that particular application. An additional meeting was Council Agenda Report
Community Development and Human Services Committee Recommendations Funding Recommendations and 2024 Action Plan Public Hearing
March 21, 2023
held on February 21, 2023, to allow Committee members to publicly confirm their individual scores and recommended funding.
Applicants’ average scores were determined using the Olympic method. Under this system, individual committee member scores are tallied, with the highest and lowest score/amount removed, and the resulting amount then divided by the remaining number of members who entered a score.
The committee formulated the recommended funding amounts for each application using the applicant’s Olympic score and prior year funding as a starting point, while considering other important factors such as priority, community need, duplication of services, etc. The full Committee approved the final recommendations on February 23, 2023.
Recommendations
The Committee developed its recommendations in accordance with the Funding Criteria and Priorities previously adopted by Council. A complete list of the Committee’s recommendations, by priority and rating, is included as Attachment 1.
In the Public/Human Services category, the CDHSC is recommending funding for 35 proposals, all of which requested funding for two years. In the Capital and Economic Development category, six proposals are recommended for funding, resulting in not all funding being awarded. The CDHSC voted unanimously to hold the excess available funding in reserve for unforeseen increased project costs (due to inflation, labor cost increases, or product unavailability) to ensure project completion. At the end of the fiscal year, any remaining reserve funds will be reprogrammed and made available for the next application cycle.
There is currently one capital project from last year that is commencing and needs additional funding. Staff recommends using the reserve funding mentioned above to ensure its completion. Santa Barbara Neighborhood Clinics’ COVID-19 safety glass installation project is approximately $60,000 over budget due to unforeseen cost increases. With Council’s approval today, this gap funding will be provided through the use of the prior-year unexpended CDBG funds totaling $54,420.
A detailed description of the application process, including funding criteria and priorities, and a complete listing of grant awards for both Human Services and CDBG funds are included in the CDHSC Report on Funding Recommendations. This report is available for public review on the City’s Human Services and CDBG web page located at https://www.santabarbaraca.gov/services/hhs/cdbg/default.asp.
U.S. Dept. of Housing and Urban Development (HUD) Annual Action Plan Federal regulations require that the City of Santa Barbara prepare a Consolidated Plan, which outlines the City’s five-year strategy and goals to address identified housing and Council Agenda Report
Community Development and Human Services Committee Recommendations Funding Recommendations and 2024 Action Plan Public Hearing
March 21, 2023
community development needs. The City’s current Consolidated Plan was submitted in 2020.
In addition to the Consolidated Plan, the City must submit an Annual Action Plan (AAP) to identify activities required to meet the goals stated in the five-year plan. The 2023– 2024 AAP is the fourth program year of the five-year plan and incorporates the Fiscal Year 2024 funding recommendations described in this report.
HUD requires that at least two public hearings are held during development of the AAP; this meeting is the second public hearing. The first public hearing was held on September 27, 2022, before the CDHSC. Comments received during this hearing will be incorporated into the final AAP document, which will be brought before Council for final adoption prior to submittal to HUD.
The draft AAP will be available for a 30-day public review period starting March 22, 2023 on the City’s Community Development Block Grant and Human Services web page, https://www.santabarbaraca.gov/services/hhs/cdbg/default.asp. Comments may be submitted to City staff at (805) 564-2624 and at [email protected]. Comments must be received by April 28, 2023.
BUDGET/FINANCIAL INFORMATION:
The recommendations in this report are based on the combination of $726,150 in City Human Services funds, $866,858 in CDBG entitlement funds, $54,420 in prior-year unexpended CDBG funds, and $60,000 in CDBG Program Income funds. The total amount available is estimated at $1,707,428.
Of the total $1,707,428, the following is available in each funding category:
• Public/Human Service: $856,178
• Capital/Economic Development: $617,879
• CDBG Administration/Fair Housing: $233,371
Contingency Plan
Because HUD had not announced the City’s actual CDBG allocation at the time the recommendations were developed, the Committee also formulated contingency plans in case actual CDBG funds allocated to the City were higher or lower than estimated. The contingency plan is detailed below.
In the event of increased CDBG funding:
• Public/Human Services – The excess available funds will be distributed equally to the five highest-scoring Priority One applicants who did not already receive full Council Agenda Report
Community Development and Human Services Committee Recommendations Funding Recommendations and 2024 Action Plan Public Hearing
March 21, 2023
funding and equally distributed thereafter to the next highest scoring applicants until the excess is exhausted.
• Capital – The excess available funds will be added into the amount of funds reserved for covering unforeseen future capital project expenses. If the increase is more than 10 percent of the entitlement award, the committee will reconvene to make a revised recommendation.
Should CDBG funds be lower than expected, the recommended plan is as follows:
• Public/Human Services – The deficit funds will be divided equally among the five lowest-scoring applicants regardless of priority, and reduced or eliminated, until the deficit is completely depleted. If, as a result of this contingency plan, the recommendation to a particular applicant is less than the City’s $9,000 minimum grant amount, that minimum will be waived.
• Capital – In the event CDBG Funds are decreased, the funds reserved for covering unforeseen capital project expenses will be reduced until the deficit is eliminated and reserve is extinguished.
Copies of the Human Services and Community Development Block Grant agreements are attached.
ATTACHMENTS: 1. Community Development and Human Services Committee Fiscal Year 2024–2025 Funding Recommendations by Priority and Rating
2. Human Services Grant Agreement Template
3. CDBG Public Services Grant Agreement Templates
4. CDBG Capital Grant Agreement Templates
PREPARED BY: Laura Dubbels, Housing and Human Services Manager SUBMITTED BY: Elias Isaacson, Community Development Director APPROVED BY: City Administrator’s Office
Public Service/ Human Service Grants
Organization Name Program Name
2021‐2022
Funding
2022‐2023
Funding
Request (Each
Yr for Two Yrs) Score Recommend
Priority 1
Santa Barbara Neighborhood Clinics Neighborhood Clinics Dental Care 31,653 $ $ 31,600 $ 36,000 91 $ 32,400 United Boys & Girls Clubs United Boys & Girls Clubs $ 9,000 $ 9,000 $ 40,000 91 $ 36,000 Channel Islands YMCA My Home/Street Outreach $ 18,525 $ 18,500 $ 25,000 90.5 $ 22,500 NBCC dba New Beginnings NBCC Safe Parking $ 43,225 $ 43,200 $ 50,000 90.5 $ 45,000 Channel Islands YMCA Noah's Anchorage $ 24,000 $ 19,008 $ 25,000 90 $ 22,500 Transition House Family Shelter and Services $ 77,885 $ 77,885 $ 80,000 89.5 $ 64,000 Showers of Blessing Santa Barbara Showers of Blessing $ 21,715 $ 21,715 $ 22,500 88 $ 18,000 Standing Together to End Sexual Assault STESA $ 30,970 $ 30,900 $ 40,000 88 $ 32,000 Family Service Agency Senior Services Program $ 12,430 $ 12,400 $ 30,000 86.5 $ 24,000 Foodbank of Santa Barbara County Foodbank's Warehouse Program 22,215 $ $ 22,200 $ 30,000 86.5 $ 24,000 De Marillac, LLC. Fr. Virgil Cordano Center $ 10,800 N/A $ 40,000 85.5 $ 32,000 Pacific Pride Foundation Pacific Pride Foundation $ 16,860 $ 16,800 $ 30,000 85.5 $ 24,000 Good Samaritan Shelter (GSS) Freedom Warming Centers $ 28,500 $ 28,500 $ 30,000 85 $ 24,000 Partners in Housing Solutions Partners in Housing Solutions $ 22,145 $ 22,100 $ 30,000 85 $ 24,000 St. Vincent's Family Strengthening $ 10,800 $ 10,800 $ 40,000 85 $ 21,600 Child Abuse Listening Mediation (CALM) CALM $ 22,800 $ 22,800 $ 30,000 84.5 $ 24,000 Domestic Violence Solutions Emergency Shelter & Support $ 33,000 $ 33,000 $ 40,000 84.5 $ 32,000 Hillside Hillside N/A 24,000 $ $ 50,000 84.5 $ 40,000 NBCC dba New Beginnings Community Counseling Clinic $ 27,788 $ 27,700 $ 50,000 84 $ 40,000 Organic Soup Kitchen Organic Soup Kitchen $ 73,763 $ 40,000 $ 35,000 83.5 $ 28,000 Hospice of Santa Barbara Hospice of SB $ 13,145 $ 13,100 $ 20,000 83 $ 16,000 Council on Alcoholism and Drug Abuse CADA $ 9,000 $ 12,300 $ 20,000 82.5 $ 16,000 Friendship Adult Day Care Center Friendship Center $ 9,000 $ 9,000 $ 15,000 82 $ 12,000 Sanctuary Centers Of Santa Barbara Inc Sanctuary Centers $ 12,000 $ 12,000 $ 15,000 81.5 $ 12,000 Mental Wellness Center Mental Wellness Center $ 10,800 $ 10,800 $ 15,000 79 $ 10,278 PATH PATH $ 18,575 $ 18,500 $ 123,046 78.5 $ 37,000 The Salvation Army The Salvation Army $ 11,000 $ 11,000 $ 20,000 77.5 $ 9,000 District Atty Office of Santa Barbara Sexual Assault Response Team $ 9,000 $ 9,000 $ 9,000 77 $ 9,000 Pilgrim Terrace Cooperative Homes Pilgrim Terrace Cooperative Homes NEW NEW $ 120,000 59 N/A The Terrace Foundation The Terrace Foundation NEW N/A $ 130,000 59 N/A Priority 2
Family Service Agency Long‐Term Care Ombudsman $ 21,992 $ 22,000 $ 30,000 91.5 $ 24,000 Legal Aid Foundation Legal Aid Foundation $ 26,125 $ 26,200 $ 30,000 91 $ 24,000 SBC Immigrant Legal Defense Center Legal Services $ 17,860 $ 17,900 $ 28,000 90 $ 22,400 Independent Living Resource Center, inc ILRC $ 13,145 $ 13,200 $ 15,000 87 $ 10,500 Family Service Agency Family Resource Center $ 13,575 $ 13,600 $ 30,000 85.5 $ 21,000 Transition House Homelessness Prevention $ 18,215 $ 18,300 $ 20,000 84.5 $ 14,000 CAC, DBA: CommUnify 2‐1‐1 Helpline $ 19,335 $ 19,400 $ 30,000 78 $ 9,000 37 $ 1,423,546 $ 856,178
CDBG ‐ Capital and Economic Development
Organization Name Project/Program Name Request Score Recommend Grant Period Type Parks and Recreation Department Westside Sports Court Renovation 71,875 $ 91 $ 71,875 N/A Capital Transition House Family Homeless Shelter Painting 63,158 $ 90.5 $ 63,158 N/A Capital Parks and Recreation Department Bohnett Park Basketball Court $ 105,000 84 $ 105,000 N/A Capital PATH Lighting Upgrades $ 113,517 84 $ 113,517 N/A Capital Parks and Recreation Department Alameda Park Safety Lighting $ 110,750 82 $ 110,750 N/A Capital PATH Painting $ 51,322 77 $ 51,322 N/A Capital WeeCare, Inc. WeeCare $ 175,340 55 N/A Two Year Economic Dev 7 $ 690,962 $ 515,622
ATTACHMENT 1
AGREEMENT NO. {{IDIS_ContractNumber}}
AGREEMENT FOR USE OF CITY OF SANTA BARBARA HUMAN SERVICE FUNDS THIS GRANT AGREEMENT (“Agreement”) is entered into this 1st day of July, 2023 by and between:
CITY OF SANTA BARBARA, a municipal
corporation, hereinafter referred to as "City".
and
{{OrgContactInfo_OrgName}}, a California Nonprofit, hereinafter referred to as "Agency" RECITALS:
WHEREAS, City of Santa Barbara General Fund dollars have been made available to be expended at the discretion of the City; (hereinafter referred to as "Human Service Funds"); WHEREAS, Agency submitted a proposal for funding to City Council consistent with the City-adopted priority criteria and deemed a highly desirable public service by the City Council; and WHEREAS, City Council has found and determined that Agency is operated for the betterment of the people living in and around the City of Santa Barbara.
NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
1. TERM
1.1 The effective date of this Agreement is July 1, 2023 (“Effective Date”). The termination date is June 30, 2024 (“Termination Date”) unless sooner terminated as herein provided.
1.2 If upon Termination Date any Human Service Funds remain unspent by Agency, said Human Service Funds shall automatically be returned to the City’s General Fund.
1.4 The Community Development Director, or Designee, is authorized to approve, in writing, at his or her sole discretion, an amendment hereto, to extend this Agreement for an additional term of one year; provided (i) continued appropriation of grant funds in an amount equal to the first year funding is allocated in City’s annual budget, (ii) HUD’s approval of that year’s Annual Action Plan, and (iii) determination, at City’s sole discretion, of Agency’s satisfactory performance.
2. USE OF FUNDS
2.1 Subject to terms and conditions contained herein, City agrees to provide Human Service Funds to Agency in the amount of {{Funding_TotalAmount}} ({{Funding_TotalAmount_Spelled}} and {{Funding_TotalAmount_Cents}}/100 dollars) for purposes described in Program Goals and Measurable Outcomes statement attached hereto as Exhibit "A" and incorporated herein by reference as though set forth in full and hereinafter referred to as the "Program".
ATTACHMENT 2
Agreement No. {{IDIS_ContractNumber}}
2.2 Agency further agrees that Human Service Funds for said Program are to be used for allowable expenditures in the manner specified in the Program Budget Summary, attached hereto as Exhibit "B" and incorporated herein by this reference as though set forth in full.
2.3 In the event that Agency desires to use Human Service Funds provided for herein for purposes other than those provided in Exhibits “A” and "B," Agency shall first submit to the City its written request for the City’s consent to change the use of Human Service Funds.
3. DISBURSEMENTS AND REPORTS
3.1 Commencing upon the Effective Date, Agency shall receive quarterly disbursements of Human Service funds, as outlined in the Schedule of Disbursements and Reporting Requirements attached hereto as Exhibit "C" and incorporated herein by this reference as though set forth in full.
3.2 The first quarterly disbursement shall be made upon satisfaction of the following four (4) conditions:
a. City Council authorizes execution of this Agreement; and b. Agreement is mutually executed by Agency and City; and c. Agency has submitted to the City an acceptable certificate of insurance pursuant to Section 13 of this Agreement; and
d. Agency has submitted, and City has accepted, all the required funding application attachments, including but not limited to, Board of Director’s minutes, audits and/or financial statements, and Federal Tax Return form 990.
3.3 Each quarterly disbursement following the first quarterly disbursement shall be made upon Agency performance of its Program as evidenced by a completed Quarterly Performance Report (Quarterly Report), submitted to the City not later than twenty-five (25) days after the end of the quarter in accordance with the schedule and conditions provided in Exhibit “C”.
3.4 Agency shall provide the following information in the Quarterly Report form as provided by the City:
a. Accomplishments in Outputs and Outcomes relative to the Program Goals and Measurable Outcomes as shown on Exhibit "A". “Outputs” shall be defined as the number of clients receiving a specific service by Agency. “Outcomes” shall be defined as the expected change or result the client will experience from receiving Agency’s service outputs; and
b. Client demographics, including but not limited to: age, ethnicity, gender, geographic area and income; and
c. Program narrative; and
d. Financial information documenting and verifying expenditures of Human Service Funds incurred during the quarter in an amount equal to, or greater than, the quarterly disbursement amount, and where applicable, a salary report form.
Agreement No. {{IDIS_ContractNumber}}
3.5 City staff must have reviewed and approved Agency’s submitted Quarterly Report prior to each disbursement of Human Service Funds after the first quarterly disbursed installment.
4. AGENCY TO MAINTAIN RECORDS
Agency shall keep accurate, written records of all expenses incurred by it and of monies received by it and of all studies, statistics and reports made or issued by Agency in conducting the Program. In particular, Agency shall keep all records and documents as may be necessary to enable the City to determine if the Human Service Funds to be disbursed pursuant to this Agreement have been or are being used in compliance with the City's requirements and policies relating to Human Service Funds. At City's request, Agency shall furnish City with a copy of any record(s) maintained by Agency pursuant to the terms of this Agreement. Agency shall maintain all such records for at least five (5) years after the termination of this Agreement.
5. AUDIT OF AGENCY'S RECORDS AND FINANCIAL MANAGEMENT
5.1 Agency shall comply with the financial management requirements listed in the Financial Management Acknowledgement, attached hereto as Exhibit "D" and incorporated herein as though set forth in full. Agency shall notify City by writing, within ten (10) business days of any changes in accounting personnel or procedures stated in Exhibit “D”.
5.2 City shall have the right to audit and review all records maintained by Agency pursuant to the terms of this Agreement. Any such audit and review may be conducted at any time during Agency's regular business hours.
5.3 Agency also agrees to prepare, and submit to the City upon request, a year-end financial report of its total income and expense as prescribed below, within six-months following Agency's fiscal year end:
5.3.1 A financial audit shall be required if Agency’s annual budget revenues exceeds $2 million.
5.3.2 A financial review shall be required if Agency’s annual revenues are between $500,000 and $1.99 million. The financial audit and review shall be prepared by an Independent Certified Public Accountant.
5.3.3 A financial compilation shall be required if Agency’s annual revenues are less than $499,999. The financial compilation may be prepared by an accountant or bookkeeper affiliated with Agency. Said accountant or bookkeeper shall disclose his or her affiliation to Agency.
6. SOURCE AND AVAILABILITY OF HUMAN SERVICE FUNDS
Agency acknowledges that the Human Service Funds being used for the purposes of this Agreement are funds subject to an annual City budget appropriation and allocation by the City Council of the City of Santa Barbara. Agency agrees that in the event the Human Service Funds made available by the City Council are not sufficient to enable City to make any or all payments otherwise provided for in this Agreement, City shall incur no liability to Agency, its officers, agents, employees, suppliers or contractors for failure to make, or for any delay in making, any such payments, as provided for in Agreement No. {{IDIS_ContractNumber}}
this Agreement. Agency hereby indemnifies and holds the City harmless from any liability or damage resulting from any such failure to make, or delay in making, any such payments. City and Agency agree that if the City's FY 2023-2024 Human Services Funds are decreased or eliminated before the end of FY 2023-2024, this Agreement shall be reduced accordingly based on the available Human Services Funds.
7. COMPLIANCE WITH LAWS AND REGULATIONS
Agency agrees that it shall comply with all federal, state and city laws and regulations applicable to the Program to be conducted hereunder.
8. LICENSES AND PERMITS
Agency shall obtain and maintain, at Agency's own expense, any and all licenses and permits necessary to conduct the Program and to maintain the facilities and render the services proposed to be maintained or rendered in connection with the Program.
9. EVENTS OF DEFAULT
This Agreement shall be in default upon the occurrence of any of the following events (hereinafter an “Event of Default”):
9.1 FAILURE TO USE HUMAN SERVICE FUNDS AS INTENDED -- Agency’s failure to use Human Service funds for purposes that qualify for expenditures in accordance with Exhibit B.
9.2. USE OF GRANT FUNDS FOR UNAUTHORIZED PURPOSES -- Agency’s incurring of obligations or making of expenditures for purposes which do not constitute authorized expenditures in accordance with Exhibit B, or for purposes which are not permitted or are prohibited under the terms of this Agreement.
9.3 BANKRUPTCY OR INSOLVENCY -- Agency’s filing a petition under the Bankruptcy Act (11 USCA 1, et seq.) or taking or committing any act preparatory to the filing of any such petition or becoming or being insolvent or committing any other act of bankruptcy or insolvency.
9.4 DEFAULT UNDER AGREEMENT -- Agency's breach of the covenants or obligations under this Agreement.
9.5 FAILURE TO MAINTAIN INSURANCE COVERAGE -- Agency’s failure to maintain insurance coverage as specified in Section 13 herein.
10. RIGHTS AND OBLIGATIONS UPON DEFAULT
10.1 REMEDIES UPON OCCURENCE OF DEFAULT-- Upon the occurrence of an Event of Default, the City shall have the right to terminate this Agreement and demand that Agency reimburse to City an amount equal to one hundred percent (100%) of any and all amounts expended, including interest accrued at the legal rate of interest. Agency shall pay such amount due to City within 120 days of the City written demand.
10.2 REIMBURSEMENT FOR IMPROPER EXPENDITURES -- If within five (5) years after the Termination Date of this Agreement, it is determined by City that Human Service Funds Agreement No. {{IDIS_ContractNumber}}
provided under the terms of this Agreement have been used by or on behalf of Agency for purposes which do not qualify as expenditures pursuant to Exhibit “B”, or have been used in a manner or for a purpose not authorized by this Agreement, Agency shall, at City’s request, pay to City an amount equal to one hundred percent (100%) of any amount expended for unauthorized expenses, including interest accrued on such amounts at the legal rate of interest within 120 days of the City request.
10.3 NOTICE OF DEFAULT -- Upon the occurrence of an Event of Default, City shall notify Agency in writing of such occurrence, including a description of the Event of Default.
10.4 CURE -- Agency shall be entitled to a period of time in order cure an Event of Default not to exceed thirty (30) days from the date on which the notice described in the preceding paragraph is delivered to Agency, or, if the Event of Default cannot reasonably be cured in 30 days, then Agency shall have reasonably commenced the cure within 30 days and diligently pursue the cure until its completion but in no event exceeding a period of ninety (90) days; provided in order to cure an Event of Default, Agency shall be required to reimburse City, within such thirty-day period, for all reasonable expenses incurred by City in exercising its rights in connection with any such default.
If Agency so cures any default, then this Agreement shall be reinstated and shall remain in full force and effect as if such default had not occurred.
11. CITY'S RIGHT TO TERMINATE AGREEMENT
City shall have the right to terminate this Agreement at any time, with or without cause, by giving Agency thirty (30) days' prior written notice of City's intent to terminate this Agreement; provided, that upon such termination, City shall pay all obligations incurred by Agency prior to the date of such termination which are for allowable expenditures and which are authorized under the terms of the Program and of this Agreement.
12. DEFENSE, INDEMNITY AND HOLD HARMLESS
12. HOLD HARMLESS AND INDEMNIFICATION -- As an essential part of the consideration for this Agreement, Agency shall, to the extent permitted by law, investigate, defend, indemnify, and hold harmless the City and its officers, employees, and agents, from and against any and all loss, damage, liability, claims, demands, detriments, costs, charges, and expenses (including reasonable attorneys' fees), and causes of action of whatsoever character, which the City may incur, sustain, or be subjected to, arising out of or in any way connected with this Agreement.
12.2 The direction, review, acceptance or approval of the Agency’s work or work product by any indemnified party shall not affect, relieve or reduce the Agency’s indemnification or defense obligations.
12.3 This Section survives completion of the services or the termination of this contract. The provisions of this Section are not limited by and do not affect the provisions of this contract relating to insurance.
13. INSURANCE
13.1 As part of the consideration of this Agreement, Agency shall procure and maintain for the duration of the agreement, and for five years thereafter, insurance coverage against claims for Agreement No. {{IDIS_ContractNumber}}
injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Agency, its agents, representatives, employees, or subcontractors.
13.2 Minimum Scope and Limit of Insurance - Coverage shall be at least as broad as:
13.2.1 Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury, and personal & advertising injury with limits no less than One Million Dollars ($1,000,000) per occurrence. If a general aggregate limit applies, either the aggregate limit shall apply separately to this project or location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
13.2.2 Workers' Compensation: As required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limits no less than One Million Dollars ($1,000,000) per accident for bodily injury or disease.
13.2.3 If the Agency maintains higher coverage limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Agency. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.13.3 Other Insurance Provisions - Each insurance policy shall contain, or be endorsed to contain, the following five (5) provisions:
13.3 Self-Insured Retentions: Self-insured retentions must be declared to and approved by the City. The City may require the Agency to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City. Any and all deductibles and SIRs shall be the sole responsibility of Agency or subcontractor who procured such insurance and shall not apply to the Indemnified Additional Insured Parties. The City may deduct from any amounts otherwise due Agency to fund the SIR/deductible. Policies shall NOT contain any self-insured retention (SIR) provision that limits the satisfaction of the SIR to the Named. The policy must also provide that Defense costs, including the Allocated Loss Adjustment Expenses, will satisfy the SIR or deductible.
City reserves the right to obtain a copy of any policies and endorsements for verification.
13.4 OTHER INSURANCE PROVISIONS: Each insurance policy shall contain, or be endorsed to contain, the following provisions:
13.4.1 Additional Insured Status – The City of Santa Barbara, its officers, officials, employees, volunteers, and agents, shall be covered as additional insureds on the Commercial General Liability policy with respect to liability arising out of work or operations performed by or on behalf of the Agency including materials, parts, or equipment furnished in connection with such work or operations. Additional Insured coverage shall be provided in the form of an endorsement to the Agency’s insurance (at least as broad as Insurance Services Office Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later edition is used). A copy of the endorsement evidencing that the City of Santa Barbara Agreement No. {{IDIS_ContractNumber}}
has been added as an additional insured on the policy, must be attached to the certificate of insurance.
13.4.2 Primary Coverage - For any claims related to this contract, the Agency’s insurance coverage shall be primary and non-contributory at least as broad as Insurance Services Office Form CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Agency’s insurance and shall not contribute with it. This requirement shall also apply to any Excess or Umbrella liability policies.
13.3.3 Notice of Cancellation - Each insurance policy required above shall provide that coverage shall not be cancelled or subject to reduction without written notice provided to the City Clerk, addressed to P.O. Box 1990, Santa Barbara, California 93102-1990.
13.3.4 Waiver of Subrogation - Agency hereby grants to the City a waiver of any right to subrogation which any insurer of Agency may acquire against the City by virtue of the payment of any loss under such insurance. Agency agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Agency, its employees, agents, and subcontractors.
13.3.4 Unbrella or Excess Policy - The Agency may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required, including, but not limited to, primary and noncontributory, additional insured, Self-Insured Retentions (SIRs), indemnity, and defense requirements. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Agency’s primary and excess liability policies are exhausted.
13.3.6 Claims Made Policies – If any coverage required is written on a claims-made coverage form:
1. The retroactive date must be shown and must be before the execution date of the contract or the beginning of contract work.
2. Insurance must be maintained, and evidence of insurance must be provided for at least five (5) years after completion of contract work.
3. If coverage is canceled or non-renewed, and not replaced with another claimsmade policy form with a retroactive date prior to the contract effective, or start of work date, Agreement No. {{IDIS_ContractNumber}}
the Agency must purchase extended reporting period coverage for a minimum of five (5) years after completion of contract work.
4. A copy of the claims reporting requirements must be submitted to the City for review.
13.4 Acceptability of Insurers - All insurance coverage shall be placed with insurers authorized to conduct business in the State of California with a current AM Best’s rating of no less than A: VII. All other insurers require prior approval of the City.
13.5 Verification of Coverage - Agency shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Agency’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. The City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
13.6 Evidence of Coverage - Agency must provide evidence that it has secured the required insurance coverage before execution of this agreement. A Certificate of Insurance supplied by the City or the appropriate ACORD and Insurance Services Office forms evidencing the above shall be completed by Agency's insurer or its agent and submitted to the City prior to execution of this Agreement by the City.
13.7 Subcontractors - Agency shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Agency shall ensure that the City is an additional insured on insurance required from subcontractors.
13.8 Special Risks or Circumstances - City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
13.9 Coverage Limits Specifications - Approval of the insurance by City or acceptance of the certificate of insurance by City shall not relieve or decrease the extent to which the Agency may be held responsible for payment of damages resulting from Agency's services or operation pursuant to this Agreement, nor shall it be deemed a waiver of City's rights to insurance coverage hereunder.
If, for any reason, Agency fails to maintain insurance coverage which is required pursuant to this Agreement, the same shall be deemed a material breach of contract. City, at its sole option, may terminate this Agreement and obtain damages from the Agency resulting from said breach.
Alternately, City may purchase such required insurance coverage, and without further notice to Agency, City may deduct from sums due to Agency any premium costs advanced by City for such insurance.
14. INDEPENDENT CONTRACTOR
Agreement No. {{IDIS_ContractNumber}}
It is understood and agreed by the parties hereto that Agency, while engaged in conducting the Program and complying with any of the terms of this Agreement, is an independent contractor and is not an officer, agent or employee of the City; and officers, employees and agents of Agency are not entitled to any of the benefits of City employees.
15. ASSIGNMENT AND SUBCONTRACTING
Agency shall not assign, delegate, sub-contract, sub-grant, transfer, charge or otherwise dispose of all or any of its rights or obligations under this Agreement, or any monies payable hereunder, without the prior written consent of the City, which consent may be withheld in the City’s sole and absolute discretion. If the City provides consent, Agency shall incorporate or cause to be incorporated all applicable federal, state and local requirements provided for in this agreement and any such subcontract or agreement shall be subject to City prior review.
16. NONDISCRIMINATION
Agency agrees to comply in all respects with the nondiscrimination certificate entitled Nondiscriminatory Employment Certificate (SBMC 9.126), attached hereto as Exhibit "E" and incorporated herein by reference as though set forth in full.
17. POLITICAL USES PROHIBITED
Agency shall not use any of the Human Service Funds allocated to it by City Council pursuant to this Agreement, for the support of any political candidates, for the furtherance of any political issues or causes, or for any other political purposes whatsoever.
18. NOTICES
Communication and details concerning this Agreement shall be in writing and sent via US Mail and directed to the addressed as follows:
{{OrgContactInfo_ExecDirectorFName}}
{{OrgContactInfo_ExecDirectorLName}}
City of Santa Barbara
Executive Director Community Development Department
{{OrgContactInfo_OrgName}} Housing and Human Services Division {{OrgContactInfo_MailingAddress_Address_12}} P.O. Box 1990 {{OrgContactInfo_MailingAddress_Address_CSZ}} Santa Barbara, CA 93102-1990
19. SECTION HEADING
The section headings contained herein are for convenience and reference only and are not intended to define or limit the scope of this Agreement.
20. BUDGET RESCISSIONS
In the event the City Council or the Federal Department of Housing and Urban Development rescinds any amount of grant monies allocated for this term, this Agreement may be modified and adjusted by the City as a result of those rescissions.
Agreement No. {{IDIS_ContractNumber}}
21. AGENCY TRANSPARENCY
Agency shall fully complete Exhibit “F”, incorporated herein as though set forth in full, and return to City the total annual compensation of the top five (5) management or executive employees, by title only, in compliance with City Council direction.
22. CORPORATE AUTHORITY
The person(s) executing this Agreement on behalf of each of the parties hereto represent and warrant that (i) such party, if not an individual, is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party (iii) by so executing this Agreement such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provisions of any other agreement to which such party is bound.
23. EXECUTION
This contract may be executed in any number of original counterparts. The contract will be effective when all parties have executed the same counterpart, or each party has executed separate counterparts and has delivered a copy of the signature page of the counterpart to the other party. Upon execution by all of the parties, the counterparts shall constitute one and the same contract. Counterparts or signature pages may be delivered via delivery of an original or duplicate in person or by mail, or a duplicate, including scanned copy, in an electronic format, including transmission by electronic mail, secure Internet drop-box, facsimile, or similar other standard interchange format capable of reproduction and storage.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed, the day and year first above written.
City of Santa Barbara
A Municipal Corporation
{{OrgContactInfo_OrgName}}
Agreement No. {{IDIS_ContractNumber}}
By: By:
Elias Isaacson
Community Development Director
Name:
{{OrgContactInfo_ExecDirectorF
Name}}
{{OrgContactInfo_ExecDirectorL
Name}}
Title: Executive Director
APPROVED AS TO CONTENT:
Laura Dubbels
Community Development Housing &
Human Services Manager
Name: Click here to enter text.
President of the Board of Directors
APPROVED AS TO FORM:
Sarah J. Knecht City Attorney
APPROVED AS TO INSURANCE:
Mark Howard
Risk Manager
ATTEST:
Sarah Gorman
City Clerk
Exhibit A
PROGRAM GOALS AND MEASURABLE OUTCOMES
A-1
Agency: {{OrgContactInfo_OrgName}} Agreement No: {{IDIS_ContractNumber}} PROGRAM NAME: {{Case_Name}}
TARGET POPULATION: {{ProjectInformation_TargetPopulation}} PROGRAM OUTPUTS – Number of Persons receiving service, i.e. meals served, clients counseled, meetings held, etc.
Output Goal Annual
Goal #
1. {{Measurables_Output1Description}} «GOAL_1»
2. {{Measurables_Ouput2Description}} «GOAL_2»
3. {{Measurables_Output3Description}} «GOAL_3»
MEASURABLE OUTCOMES – The expected change or result client will experience from program outputs.
Outcome Measure Outcome
Goal %
1. {{Measurables_Outcome1Detail}} «MO_1_GOAL»
2. {{Measurables_Outcome2Detail}} «MO_2_GOAL»
3. {{Measurables_Outcome3Detail}} «MO_3_GOAL»
Exhibit A
PROGRAM GOALS AND MEASURABLE OUTCOMES
A-2
Agency: {{OrgContactInfo_OrgName}} Agreement No: {{IDIS_ContractNumber}} 1 2 3 4 5 6 7 8
Median 100% $90,100
Very Low 0 - 30% $29,350 $33,550 $37,750 $41,900 $45,300 $48,650 $52,000 $55,350 Low 31 - 50% $48,900 $55,900 $62,900 $69,850 $75,450 $81,050 $86,650 $92,250 Moderate 51%-80% $78,350 $89,550 $100,750 $111,900 $120,900 $129,850 $138,800 $147,750 *NOTE: Family size adjustments in each category are based on the percentages below, with family of 4 as the base 1 2 3 4 5 6 7 8
70% 80% 90% Base 108% 116% 124% 132%
Area Median Income = $100,100
City of Santa Barbara
Community Development Block Grant and Human Services Programs * Maximum Income for Various Income Categories 2022
For families above 8 add 8% to the adjustment, for example for a family of 9 the adjustment is 140% (132% + 8%) (rounded to nearest $50.00)
Family Size*
Number of persons:
Adjustment:
CLIENT DEMOGRAPHICS
EX. LOW INCOME (0-30% MFI) {{ClientData_PeopleServedExtLow Income2223}}
LOW INCOME (31-50% MFI) {{ClientData_PeopleServedwithLo wIncome2223}}
MODERATE (51-80% MFI) {{ClientData_PeopleServedModIn
come2223}}
ABOVE MODERATE (81%+MFI) {{ClientData_PeopleServedAbove ModIncome2223}}
ANNUAL UNDUPLICATED CLIENTS: {{ClientData_TotalUnduplicated}} Exhibit B
PROGRAM BUDGET SUMMARY
B-1
Agency: {{OrgContactInfo_OrgName}} Agreement No: {{IDIS_ContractNumber}}
REVENUE
Revenue Sources Amount
City of Santa Barbara Human Services {{Funding_TotalAmo unt}}
Other City/County Funds Click here to enter text.
State Federal Funds Click here to enter text.
Foundations/Trusts Click here to enter text.
Donations Click here to enter text.
Client Fees Click here to enter text.
In-Kind Click here to enter text.
Other Click here to enter text.
Total Revenues Click here to enter text.
EXPENSES
Expenses Amount City SB HS Funds $
Salaries, Benefits, Payroll Taxes* Click here to enter text. Click here to enter text.
Consultants and Contracts Click here to enter text. Click here to enter text.
Facility, Utilities, Maintenance Click here to enter text. Click here to enter text.
Telephone Click here to enter text. Click here to enter text.
Supplies Click here to enter text. Click here to enter text.
Postage & Shipping Click here to enter text. Click here to enter text.
Marketing (Printing, Advertising) Click here to enter text. Click here to enter text.
Travel, Mileage, Training Click here to enter text. Click here to enter text.
Insurance Click here to enter text. Click here to enter text.
Other Click here to enter text. Click here to enter text.
Total Expenses Click here to enter text. Click here to enter text.
Use of Funds: {{ProjectInformation_SpecificProgCosts}}
*Salaries - (List all staff to whom Human Service Funds are allocated):
Position/Title Name Human Services Amount
Click here to enter text. Click here to enter text. Click here to enter text.
Click here to enter text. Click here to enter text. Click here to enter text.
Click here to enter text. Click here to enter text. Click here to enter text.
Click here to enter text. Click here to enter text. Click here to enter text.
Exhibit C
SCHEDULE OF DISBURSEMENTS AND REPORTS
C-1
Agency: {{OrgContactInfo_OrgName}} Agreement No: {{IDIS_ContractNumber}} Human Services Reports are due within 25 days after the end of the quarter. If the 25th falls on a weekend or holiday, the due date is the last business day prior to the 25th.
The reporting periods are as follow:
Reporting Period Report Due
1st Qtr. July 1 – Sept. 30 October
2nd Qtr. Oct. 1 – Dec. 31 January
3rd Qtr. Jan. 1 – March 31 April
4th Qtr. April 1 – June 30 July
Agreement Term Ends-June 30, 2024
Human Services Funds are disbursed in quarterly installments, contingent upon conditions set forth in Section 3 of this Agreement, according to the schedule below:
Installment No. Est. Payment Date Quarterly Amount
1 Upon City’s Execution of Grant Agreement {{IDIS_DisbursementPerQ uarter}}
2 Upon Review and Approval of Q1 Report {{IDIS_DisbursementPerQ uarter}}
3 Upon Review and Approval of Q2 Report {{IDIS_DisbursementPerQ uarter}}
4 Upon Review and Approval of Q3 Report {{IDIS_DisbursementPerQ uarter}}
Total Allocation {{Funding_TotalAmount}}
Exhibit C
SCHEDULE OF DISBURSEMENTS AND REPORTS
C-2
Agency: {{OrgContactInfo_OrgName}} Agreement No: {{IDIS_ContractNumber}}
REQUIREMENTS FOR DOCUMENTATION OF EXPENDITURES
The financial section of AGENCY’S Quarterly report is the document used to report program-related expenditures and to request quarterly disbursement of City Human Service funds. The Quarterly Report shall be signed and dated, certifying its accuracy, by an individual with fiscal responsibility for the Agency.
SOURCE DOCUMENTATION – All Human Service grant expenditures shall be supported by source documentation. The source documentation shall explain the basis of the costs incurred, as well as show the actual dates and amount of expenditures.
Complete and accurate documentation that supports each request for quarterly disbursement of Human Service Funds shall be attached. The documentation shall be:
• Detailed – All program-related expenditures shall be evidenced by an invoice (or equivalent document) and evidence of payment.
• Clearly Marked – All submitted documentation shall be clearly marked to indicate which expenditures relate specifically to the grant and the applicable dollar amount on the receipt.
The dollar amount shall be circled or highlighted.
• Summarized – Summary listings shall be provided if there are extensive receipts and documents.
PAYROLL EXPENDITURES – The specific program activity and amount of staff time charged to Human Service funds shall be clearly identified. If an employee’s time is split between Human Service funds and another funding source, time and activity distribution records supporting the actual staff activity and time charged to Human Service funds shall be submitted. Canceled checks from the employees, insurance provider, etc., or evidence of direct deposits shall be provided to document the actual outlay of Human Service Funds.
VERIFICATION OF CLIENT INCOME – Agency shall obtain sufficient detailed evidence to verify that the client benefiting from Human Service Funds has income to qualify as Low-Moderate Income.
Total household income from all sources shall be less than 80% of Area Median Income adjusted by household size. Said documentation shall be available for the City’s review upon request.
Exhibit D
FINANCIAL MANAGEMENT ACKNOWLEDGEMENT
D-1
Agency: {{OrgContactInfo_OrgName}} Agreement No: {{IDIS_ContractNumber}} A. ACCOUNTING Initials
1. Agency will maintain written accounting procedures.
2. A clear audit trail will be maintained for each Quarterly Report.
3. Print name and affix signature of responsible party to receive and deposit City checks:
Name: Click here to enter text. Signature:
4. Two signatures are required on Human Service funds expense checks. Print names and affix signatures of those responsible for signing checks (attach additional sheet if necessary):
Name: Click here to enter text. Signature:
Name: Click here to enter text. Signature:
5. Print name and affix signature of who will be responsible for the preparation of the fiscal reports and Human Service funds claims:
Name: Click here to enter text. Signature:
6. If bookkeeping is handled by an outside firm, give name and address:
Firm name: Click here to enter text. Address: Click here to enter text.
7. In what bank are you depositing your Human Services funds? Bank Account Name: Click here to enter text.
Account Number: Click here to enter text.
Branch Address: Click here to enter text.
8. Name of responsible person to review cash
reconciliations?
Name: Click here to enter text.
9. Financial status reports are submitted to Agency Board of Directors:
Monthly Quarterly Bi-Annually Annually Other (specify): Click here.
B. CASH RECORDS Initials
1. Checks will be pre-printed and pre-numbered.
2. Voided checks will be accounted for and kept on record.
3. Grant claims will be backed by invoices and marked to avoid resubmission.
Exhibit D
FINANCIAL MANAGEMENT ACKNOWLEDGEMENT
D-2
Agency: {{OrgContactInfo_OrgName}} Agreement No: {{IDIS_ContractNumber}} C. PAYROLL Initials
1. Agency will keep timesheets.
2. Employee and supervisor will sign timesheets.
3. Timesheets will correspond with payroll periods.
4. Timesheets will indicate daily time worked.
5. Payrolls will be approved by an authorized person.
6. Payroll register or earnings record will be kept.
7. Cumulative Records will be kept.
8. Employee files will be kept containing:
W-4 form
Authorized Deductions
Work History
Employment Application
9. Copies of federal depository receipts and quarterly reports must be kept. State how often deposit withholdings are deposited in a federal depository:
Monthly Quarterly Bi-Annually Annually Other (specify): Click here.
D. AUDIT Initial applicable row
Agency will obtain annual financial audit (revenues over $2 million) Agency will obtain annual financial review (revenues between $500,000 and $1.99 mil.) Agency will obtain annual financial compilation (for revenues $499,999 or less) Auditor Name: Click here to enter text. Auditor Address: Click here to enter text.
Phone: Click here to enter text. Email: Click here to enter text.
E. MISC.
Agency IRS No.: Click here to enter text. Agency State I.D.: Click here to enter text.
Agency DUNS No.: Click here to enter text.
I hereby certify that Agency will comply with the requirements of Exhibit D identified above in accordance with Section 5 of this Agreement.
Signature Title
Exhibit E
NONDISCRIMINATORY EMPLOYMENT CERTIFICATE
Department: {{OrgContactInfo_OrgName}} Agreement No: {{IDIS_ContractNumber}} E-1
S.B.M.C. 9.126
9.126.010 Certificate Generally.
Consistent with a policy of non-discrimination in employment on contracts of the City of Santa Barbara and in furtherance of the provisions of Sections 1735 and 1777.6 of the California Labor Code, a "Contractor's Obligation for Nondiscriminatory Employment Certificate" as hereinafter set forth shall be attached and incorporated by reference as an indispensable and integral term of all bid specifications and contracts of the City for purchases, services, and the construction, repair, or improvement of public works. (Ord. 3500 §1(part), 2072.)
9.126.020 Contents of Certificate.
The "contractor's obligation for non-discriminatory employment" is as follows:
In performing the work of this contract, the Contractor agrees as follows:
(1) The Contractor will not discriminate against any employee or applicant for employment because of race, creed, color, national origin, ancestry, sexual orientation, political affiliation or beliefs, sex, age, physical handicap, medical condition, marital status or pregnancy (as those terms are defined by the California Fair Employment and Housing Act -- Government Code Section 12900-12996), except where such discrimination is based on a bona fide occupational qualification. The Contractor will take positive action or ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color, national origin, ancestry, sexual orientation, political affiliation or beliefs, sex, age, physical handicap, medical condition, marital status or pregnancy (as those terms are defined by the California Fair Employment and Housing Act -- Government Code Section 12900-12996), except where such discrimination is based on a bona fide occupational qualification. Such action shall include but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the City setting forth the provisions of this non-discrimination clause. (2) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, national origin, ancestry, sexual orientation, political affiliation or beliefs, sex, age, physical handicap, medical condition, marital status or pregnancy (as those terms are defined by the California Fair Employment and Housing Act -- Government Code Section 12900-12996), except where such discrimination is based on a bona fide occupational qualification. (3) The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the City advising the said labor union or worker's representative of the Contractor's commitments under this provision, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The Contractor will permit access to his records of employment, employment advertisements, application forms, and other pertinent data and records by the City, the Fair Employment Practices Commission, or any other appropriate agency of the State designated by the City for the purposes of investigation to ascertain compliance with the Contractor's obligation for non-discriminatory employment provisions of this contract, or Fair Employment Practices statute. (5) A finding of willful violation of the non-discriminatory employment practices article of this contract or of the Fair Employment Practices Act shall be regarded by the City as a basis for determining that as to future contracts for which the Contractor may submit bids, the Contractor is a "disqualified bidder" for being "non-responsible".
The City shall deem a finding of willful violation of the Fair Employment Practices Act to have occurred upon receipt of written notice from the Fair Employment Practices Commission that it has investigated and determined that the Exhibit E
NONDISCRIMINATORY EMPLOYMENT CERTIFICATE
Department: {{OrgContactInfo_OrgName}} Agreement No: {{IDIS_ContractNumber}} E-2
Contractor has violated the Fair Employment Practices Act and has issued an order under Labor Code Section 1426 or obtained an injunction under Labor Code Section 1429.
Upon receipt of any such written notice, the City shall notify the Contractor that unless he demonstrates to the satisfaction of the City within a stated period that the violation has been corrected, he shall be declared a "disqualified bidder" until such time as the Contractor can demonstrate that he has implemented remedial measures, satisfactory to the City, to eliminate the discriminatory employment practices which constituted the violation found by the Fair Employment Practices Commission.
(6) Upon receipt from any person of a complaint of alleged discrimination under any City contract, the City Administrator shall ascertain whether probable cause for such complaint exists. If probable cause for the complaint is found, the Administrator shall request the City Council to hold a public hearing to determine the existence of a discriminatory practice in violation of this contract.
In addition to any other remedy or action provided by law or the terms of this contract, the Contractor agrees, that should the City Council determine after a public hearing duly noticed to the Contractor that the Contractor has not complied with the non-discriminatory employment practices provisions of this contract or has willfully violated such provisions, the City may, without liability of any kind, terminate, cancel or suspend this contract, in whole or in part. In addition, upon such determination the Contractor shall, as a penalty to the City, forfeit a penalty of $25.00 for each calendar day, or portion thereof, for each person who was denied employment as a result of such non-compliance. Such moneys shall be recovered from the Contractor. The City may deduct any such penalties from any moneys due the Contractor from the City. (7) The Contractor certifies to the City that he has met or will meet the following standards for positive compliance, which shall be evaluated in each case by the City:
(a) The Contractor shall notify all supervisors, foremen and other personnel officers in writing of the content of the non-discrimination provision and their responsibilities under it. (b) The Contractor shall notify all sources of employee referrals, (including unions, employment agencies, advertisements, Department of Employment) of the content of the non-discrimination provision. (c) The Contractor shall file a basic compliance report as required by the City. Willful false statements made in such reports shall be punishable as provided by law. The compliance report shall also specify the sources of the work force and who has the responsibility for determining whom to hire, or whether or not to hire. (d) The Contractor shall notify the City of opposition to the non-discrimination provision by individuals, firms or organizations during the period of this contract.
(8) Nothing contained in this Contractor's Obligation for Non-discriminatory Employment Certificate shall be construed in any manner to prevent the City from pursuing any other remedies that may be available at law. (9) (a) In the performance of the work under this contract, the Contractor will include the provisions of the foregoing paragraphs (1) through (8) in all subcontracts and in any supply contract to be performed within the State of California, so that such provisions will be equally binding upon each subcontractor and each supplier. (b) The Contractor will take such action with respect to any subcontract or purchase order as the City may direct as a means of enforcing such provisions including sanctions for non-compliance; provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction by the City, the Contractor may request the City to enter into such litigation to protect the interests of the City. (Ord. 4465, 2087; Ord. 3500 §1(part), 2072.
Exhibit F
EXECUTIVE/MANAGEMENT COMPENSATION
F-1
Department: {{OrgContactInfo_OrgName}} Agreement No: {{IDIS_ContractNumber}} Provide the total annual compensation (salary and benefits) of the top five (5) management and/or executive employees, by title only, in compliance with Section 16.27 of this Agreement.
EXECUTIVE/MANAGEMENT COMPENSATION
Title Total Compensation
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3. Click here Click here
4. Click here Click here
5. Click here Click here
Form completed by: Click here
Title: Click here
AGREEMENT NO. {{IDIS_ContractNumber}}
AGREEMENT FOR USE OF CITY OF SANTA BARBARA
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
THIS GRANT AGREEMENT (“Agreement”) is entered into this 1st day of July, 2023 by and between:
CITY OF SANTA BARBARA, a municipal
corporation, hereinafter referred to as "City".
and
{{OrgContactInfo_OrgName}}, a California Nonprofit, hereinafter referred to as "Agency" RECITALS:
WHEREAS, the City of Santa Barbara receives an allocation of Federal CFDA #14.219 Community Development Block Grant funds, hereinafter referred to as “CDBG funds,” from the U.S. Department of Housing and Urban Development, hereinafter referred to as “HUD,” to undertake activities which foster assistance to low- and moderate-income neighborhoods; and WHEREAS, Agency submitted a proposal for funding to the City Council of the City of Santa Barbara to provide public services consistent with the City’s adopted Consolidated Plan for CDBG funds; and
WHEREAS, the use of CDBG funds are subject to certain agreements and conditions as more particularly set out in this Agreement.
NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
1. TERM
1.1 The effective date of this Agreement is July 1, 2023 (“Effective Date”). The termination date is June 30, 2024 (“Termination Date”) unless sooner terminated as herein provided.
1.2 If upon Termination Date any CDBG funds remain unspent by Agency, said CDBG funds shall automatically be reprogrammed into the City’s General CDBG contingency account.
1.3 CDBG funds will not be disbursed to Agency unless and until the conditions precedent below are either satisfied to the City’s satisfaction as determined in City’s sole discretion, or waived in writing by City:
a. City Council authorizes execution of this Agreement; and b. The Agreement is mutually executed by Agency and City; and c. Agency has submitted to the City a certificate of insurance pursuant to Section 15 of this Agreement; and
ATTACHMENT 3
Agreement No. {{IDIS_ContractNumber}}
d. Agency has submitted, and City has accepted, all the required funding application attachments, including but not limited to, Board of Director’s minutes, audits and/or financial statements, and Federal Tax Return form 990.
2. USE OF CDBG FUNDS
2.1 Subject to terms and conditions contained herein, City agrees to provide Human Service Funds to Agency in the amount of $«Official_Amount» ({{Funding_TotalAmount_Spelled}} and {{Funding_TotalAmount_Cents}}/100 dollars) for purposes described in Program Goals and Measurable Outcomes statement attached hereto as Exhibit "A" and incorporated herein by reference as though set forth in full and hereinafter referred to as the "Program".
2.2 Agency further agrees that CDBG funds for said Program are to be used for allowable expenditures in the manner specified in the Program Budget Summary, attached hereto as Exhibit "B" and incorporated herein by this reference as though set forth in full.
2.3 In the event that Agency desires to use CDBG funds provided for herein for purposes other than those provided in Exhibits “A” and "B," Agency shall first submit to the City its written request for the City’s consent to change the use of CDBG funds.
3. PROGRAM BENEFIT
3.1 City and Agency recognize and agree that the use of these CDBG funds must primarily benefit at least 51% of Agency’s low and moderate income clientele in accordance with the National Objectives of the CDBG program. For the purposes of this Agreement, low and moderate income clientele are defined as households which earn 80% or below of the regional median income as established by HUD and adjusted for household size as provided on Exhibit “A”. City agrees to provide Agency any updates to the income levels issued by HUD for use in the Program.
3.2 Agency and City hereby agree that benefit performance to low and moderate income clientele shall be demonstrated by Agency in the following manner:
3.2.1 To the maximum extent possible, Agency shall attempt to assist persons in areas where more than 51% of the residents are low to moderate income. While these areas of the City exhibit the greatest need for housing assistance and, therefore, require concentrated attention, this requirement shall not be construed to preclude the program from assisting persons outside the aforementioned area, or
3.2.2 Agency shall have income-eligibility requirements which limit the service to persons meeting the low and moderate income requirement, as evidenced by Agency’s procedures, intake/application forms, income limits, and other sources of documentation; or
3.2.3 Serve a group primarily presumed to be low and moderate income, such as abused children, battered spouses, elderly persons aged 62 and over, severely disabled adults, homeless persons, illiterate adults, persons living with AIDS and migrant farm workers; or
3.2.4 Be of such a nature and in a location that it may be concluded that the activity’s clientele are low and moderate income. Agency shall provide analysis and documentation Agreement No. {{IDIS_ContractNumber}}
describing how the nature and the location of the Program, or facility establishes that it is used predominantly by and benefits primarily low and moderate income persons; or
3.2.5 Maintenance of other information which City and Agency determine is necessary to document Program benefit.
4. DISBURSEMENTS AND REPORTING REQUIREMENTS
4.1 City and Agency agree that all disbursements made pursuant to this Agreement shall be on a quarterly reimbursement basis in the amount of {{IDIS_DisbursementPerQuarter}} per quarter. Reimbursement of CDBG funds is subject to Agency performance of the Program as evidenced by a completed Quarterly Performance Report (Quarterly Report) completed in accordance with the conditions provided in Exhibit “C”, Requirements for Documentation of Expenditures, attached hereto and incorporated herein by this reference as though set forth in full.
4.2 Agency shall provide the following information in the Quarterly Report form as provided by the City:
4.2.1 Accomplishments in Outputs and Outcomes relative to the Program Goals and Measurable Outcomes as shown on Exhibit "A". “Outputs” shall be defined as the number of clients receiving a specific service by Agency. “Outcomes” shall be defined as the expected change or result the client will experience from receiving Agency’s service outputs; and
4.2.2 Client demographics, including but not limited to: age, ethnicity, gender, geographic area and income; and
4.2.3 Program narrative; and
4.2.4 Financial information documenting and verifying expenditures Agency incurred that are reimbursable with CDBG funds during the quarter in an amount equal to, or greater than, the quarterly reimbursement amount, and, where applicable, a salary report form
4.3 The Quarterly Report is submitted quarterly with the first quarter commencing as of the Effective Date. The report is due no later than 10 days after the last day of each quarter. If the 10th of the month following the end of a quarter falls on a weekend or holiday, the due date is the last business day prior to the 10th in accordance conditions provided in Exhibit “C.”
4.4 City staff review and approval of Agency’s submitted Quarterly Report is required prior to each disbursement of CDBG funds
5. AGENCY TO MAINTAIN RECORDS
Agency shall keep accurate, written records of all expenses incurred by it and of monies received by it and of all studies, statistics and reports made or issued by Agency in conducting the Program. In particular, Agency shall keep all records and documents as may be necessary to enable the City to determine if the CDBG funds to be disbursed pursuant to this Agreement have been or are being used in compliance with the City's requirements and policies relating to CDBG funds. At City's request, Agency shall furnish City with a copy of any record(s) maintained by Agency pursuant Agreement No. {{IDIS_ContractNumber}}
to the terms of this Agreement. Agency shall maintain all such records for at least five (5) years after the termination of this Agreement.
6. AUDIT OF AGENCY'S RECORDS AND FINANCIAL MANAGEMENT
6.1 Agency shall comply with the financial management requirements listed in the Financial Management Acknowledgement, attached hereto as Exhibit "D" and incorporated herein as though set forth in full. Agency shall notify City by writing, within ten (10) business days of any changes in accounting personnel or procedures stated in Exhibit “D”.
6.2 City shall have the right to audit and review all records maintained by Agency pursuant to the terms of this Agreement. Any such audit and review may be conducted at any time during Agency's regular business hours. Said records shall be open to inspection and audit by City, state, or federal representatives, if applicable, during regular business hours for at least five (5) years after termination of this agreement.
6.3 Agency also agrees to prepare, and submit to the City upon request, a year-end financial report of its total income and expense as prescribed below, within six-months following Agency's fiscal year end:
6.3.1 A financial audit shall be required if Agency’s annual budget revenues exceeds $2 million.
6.3.2 A financial review shall be required if Agency’s annual revenues are between $500,000 and $1.99 million. The financial audit and review shall be prepared by an Independent Certified Public Accountant.
6.3.3 A financial compilation shall be required if Agency’s annual revenues are less than $499,999. The financial compilation may be prepared by an accountant or bookkeeper affiliated with Agency. Said accountant or bookkeeper shall disclose his or her affiliation to Agency.
6.3.4 If Agency expends $750,000 or more within their accounting year in federal funds, it will be subject to shall conduct a single-audit according to 2 CFR 200. Agency shall submit to City said single audit upon completion, or submit a written statement indicating that Agency was not subject to a single-audit.
7. SOURCE AND AVAILABILITY OF CDBG FUNDS
Agency acknowledges that the CDBG funds being used for the purposes of this Agreement are funds subject to an annual allocation by HUD. Agency agrees that in the event the CDBG funds made available by this Agreement are not sufficient to enable City to make any or all payments otherwise provided for in this Agreement, City shall incur no liability to Agency, its officers, agents, employees, suppliers or contractors for failure to make, or for any delay in making, any such payments, as provided for in this Agreement. Agency hereby indemnifies and holds the City harmless from any liability or damage resulting from any such failure to make, or delay in making, any such payments.
City and Agency agree that if the City's Fiscal Year 2023-2024 CDBG funds are decreased or Agreement No. {{IDIS_ContractNumber}}
eliminated before the end of Fiscal Year 2023-2024, this Agreement shall be reduced accordingly based on the available CDBG funds.
8. PROGRAM INCOME
8.1 Agency hereby agrees that any program income, as defined in 24 CFR 570.500, generated by use of these CDBG funds shall be used for the sole and expressed purposes identified in Section 2 of this Agreement and in accordance with Section 3 of this Agreement. Agency shall return to the City any and all program income not used for the aforementioned purposes.
8.2 Upon termination of this Agreement, City may require remittance of all or part of any program income balances held by Agency, except those needed for immediate cash needs.
9. REVERSION OF ASSETS
Upon Termination Date, Agency shall transfer to City any unexpended CDBG funds on hand and any program income attributable to the use of CDBG funds.
10. LICENSES AND PERMITS
Agency shall obtain and maintain, at Agency's own expense, any and all licenses and permits necessary to conduct the Program and to maintain the facilities and render the services proposed to be maintained or rendered in connection with the Program.
11. EVENTS OF DEFAULT
11.1 This Agreement shall be in default upon the occurrence of any of the following events (hereinafter an “Event of Default”):
11.1.1 FAILURE TO USE CDBG FUNDS AS INTENDED -- Agency’s failure to use CDBG funds for purposes that qualify for expenditures in accordance with Exhibit B.
11.1.2. USE OF GRANT FUNDS FOR UNAUTHORIZED PURPOSES -- Agency’s incurring of obligations or making of expenditures for purposes which do not constitute authorized expenditures in accordance with Exhibit B, or for purposes which are not permitted or are prohibited under the terms of this Agreement.
11.1.3 BANKRUPTCY OR INSOLVENCY -- Agency’s filing a petition under the Bankruptcy Act (11 USCA 1, et seq.) or taking or committing any act preparatory to the filing of any such petition or becoming or being insolvent or committing any other act of bankruptcy or insolvency.
11.1.4 DEFAULT UNDER AGREEMENT -- Agency's breach of the covenants or obligations under this Agreement.
11.1.5 FAILURE TO MAINTAIN INSURANCE COVERAGE -- Agency’s failure to maintain insurance coverage as specified in Section 15 herein.
Agreement No. {{IDIS_ContractNumber}}
12. RIGHTS AND OBLIGATIONS UPON DEFAULT
12.1 REMEDIES UPON OCCURENCE OF DEFAULT-- Upon the occurrence of an Event of Default, the City shall have the right to terminate this Agreement and demand that Agency reimburse to City an amount equal to one hundred percent (100%) of any and all amounts expended, including interest accrued at the legal rate of interest. Agency shall pay such amount due to City within 120 days of the City written demand.
12.2 REIMBURSEMENT FOR IMPROPER EXPENDITURES -- If within five (5) years after the Termination Date or other termination of this Agreement, it is determined by City that CDBG funds provided under the terms of this Agreement have been used by or on behalf of Agency for purposes which do not qualify as expenditures pursuant to Exhibit “B”, or have been used in a manner or for a purpose not authorized by this Agreement, Agency shall, at City’s request, pay to City an amount equal to one hundred percent (100%) of any amount expended for unauthorized expenses, including interest accrued on such amounts at the legal rate of interest, within 120 days of the City request.
12.3 NOTICE OF DEFAULT -- Upon the occurrence of an Event of Default, City shall notify Agency in writing of such occurrence, including a description of the Event of Default.
12.4 CURE -- Agency shall be entitled to a period of time in order cure an Event of Default not to exceed thirty (30) days from the date on which the notice described in the preceding paragraph is delivered to Agency, or, if the Event of Default cannot reasonably be cured in 30 days, then Agency shall have reasonably commenced the cure within 30 days and diligently pursue the cure until its completion but in no event exceeding a period of ninety (90) days; provided in order to cure an Event of Default, Agency shall be required to reimburse City, within such thirty-day period, for all reasonable expenses incurred by City in exercising its rights in connection with any such default.
If Agency so cures any default, then this Agreement shall be reinstated and shall remain in full force and effect as if such default had not occurred.
13. CITY'S RIGHT TO TERMINATE AGREEMENT
City shall have the right to terminate this Agreement at any time, with or without cause, by giving Agency thirty (30) days' prior written notice of City's intent to terminate this Agreement; provided, that upon such termination, City shall pay all obligations incurred by Agency prior to the date of such termination which are for allowable expenditures and which are authorized under the terms of this Agreement.
14. DEFENSE, INDEMNITY AND HOLD HARMLESS
14. HOLD HARMLESS AND INDEMNIFICATION -- As an essential part of the consideration for this Agreement, Agency shall, to the extent permitted by law, investigate, defend, indemnify, and hold harmless the City and its officers, employees, and agents, from and against any and all loss, damage, liability, claims, demands, detriments, costs, charges, and expenses (including reasonable attorneys' fees), and causes of action of whatsoever character, which the City may incur, sustain, or be subjected to, arising out of or in any way connected with this Agreement.
Agreement No. {{IDIS_ContractNumber}}
14.2 The direction, review, acceptance or approval of the Agency’s work or work product by any indemnified party shall not affect, relieve, or reduce the Agency’s indemnification or defense obligations.
14.3 This Section survives completion of the services or the termination of this contract. The provisions of this Section are not limited by and do not affect the provisions of this contract relating to insurance.
15. INSURANCE
15.1 As part of the consideration of this Agreement, Agency shall procure and maintain for the duration of the agreement, and for five years thereafter, insurance coverage against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Agency, its agents, representatives, employees, or subcontractors.
15.2 Minimum Scope and Limit of Insurance - Coverage shall be at least as broad as:
15.2.1 Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury, and personal & advertising injury with limits no less than One Million Dollars ($1,000,000) per occurrence. If a general aggregate limit applies, either the aggregate limit shall apply separately to this project or location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
15.2.2 Workers' Compensation: As required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limits no less than One Million Dollars ($1,000,000) per accident for bodily injury or disease.
15.2.3 If the Agency maintains higher coverage limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Agency. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.15.3 Other Insurance Provisions - Each insurance policy shall contain, or be endorsed to contain, the following five (5) provisions:
15.3 Self-Insured Retentions: Self-insured retentions must be declared to and approved by the City. The City may require the Agency to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City. Any and all deductibles and SIRs shall be the sole responsibility of Agency or subcontractor who procured such insurance and shall not apply to the Indemnified Additional Insured Parties. The City may deduct from any amounts otherwise due Agency to fund the SIR/deductible. Policies shall NOT contain any self-insured retention (SIR) provision that limits the satisfaction of the SIR to the Named. The policy must also provide that Agreement No. {{IDIS_ContractNumber}}
Defense costs, including the Allocated Loss Adjustment Expenses, will satisfy the SIR or deductible.
City reserves the right to obtain a copy of any policies and endorsements for verification.
15.4 OTHER INSURANCE PROVISIONS: Each insurance policy shall contain, or be endorsed to contain, the following provisions:
15.4.1 Additional Insured Status – The City of Santa Barbara, its officers, officials, employees, volunteers, and agents, shall be covered as additional insureds on the Commercial General Liability policy with respect to liability arising out of work or operations performed by or on behalf of the Agency including materials, parts, or equipment furnished in connection with such work or operations. Additional Insured coverage shall be provided in the form of an endorsement to the Agency’s insurance (at least as broad as Insurance Services Office Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later edition is used). A copy of the endorsement evidencing that the City of Santa Barbara has been added as an additional insured on the policy, must be attached to the certificate of insurance.
15.4.2 Primary Coverage - For any claims related to this contract, the Agency’s insurance coverage shall be primary and non-contributory at least as broad as Insurance Services Office Form CG 20 01 04 15 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Agency’s insurance and shall not contribute with it. This requirement shall also apply to any Excess or Umbrella liability policies.
15.3.3 Notice of Cancellation - Each insurance policy required above shall provide that coverage shall not be cancelled or subject to reduction without written notice provided to the City Clerk, addressed to P.O. Box 1990, Santa Barbara, California 93102-1990.
15.3.4 Waiver of Subrogation - Agency hereby grants to the City a waiver of any right to subrogation which any insurer of Agency may acquire against the City by virtue of the payment of any loss under such insurance. Agency agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Agency, its employees, agents, and subcontractors.
15.3.4 Unbrella or Excess Policy - The Agency may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required, including, but not limited to, primary and noncontributory, additional insured, Self-Insured Retentions (SIRs), indemnity, and defense requirements. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. No insurance policies maintained by the Additional Agreement No. {{IDIS_ContractNumber}}
Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Agency’s primary and excess liability policies are exhausted.
15.3.6 Claims Made Policies – If any coverage required is written on a claims-made coverage form:
1. The retroactive date must be shown and must be before the execution date of the contract or the beginning of contract work.
2. Insurance must be maintained, and evidence of insurance must be provided for at least five (5) years after completion of contract work.
3. If coverage is canceled or non-renewed, and not replaced with another claimsmade policy form with a retroactive date prior to the contract effective, or start of work date, the Agency must purchase extended reporting period coverage for a minimum of five (5) years after completion of contract work.
4. A copy of the claims reporting requirements must be submitted to the City for review.
15.4 Acceptability of Insurers - All insurance coverage shall be placed with insurers authorized to conduct business in the State of California with a current AM Best’s rating of no less than A: VII. All other insurers require prior approval of the City.
15.5 Verification of Coverage - Agency shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Agency’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. The City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
15.6 Evidence of Coverage - Agency must provide evidence that it has secured the required insurance coverage before execution of this agreement. A Certificate of Insurance supplied by the City or the appropriate ACORD and Insurance Services Office forms evidencing the above shall be completed by Agency's insurer or its agent and submitted to the City prior to execution of this Agreement by the City.
15.7 Subcontractors - Agency shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Agency shall ensure that the City is an additional insured on insurance required from subcontractors.
15.8 Special Risks or Circumstances - City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Agreement No. {{IDIS_ContractNumber}}
15.9 Coverage Limits Specifications - Approval of the insurance by City or acceptance of the certificate of insurance by City shall not relieve or decrease the extent to which the Agency may be held responsible for payment of damages resulting from Agency's services or operation pursuant to this Agreement, nor shall it be deemed a waiver of City's rights to insurance coverage hereunder.
If, for any reason, Agency fails to maintain insurance coverage which is required pursuant to this Agreement, the same shall be deemed a material breach of contract. City, at its sole option, may terminate this Agreement and obtain damages from the Agency resulting from said breach.
Alternately, City may purchase such required insurance coverage, and without further notice to Agency, City may deduct from sums due to Agency any premium costs advanced by City for such insurance.
16. OTHER GOVERNMENT / FEDERAL REQUIREMENTS
Agency agrees to comply with all applicable state and local codes, ordinances and other applicable laws, and with all applicable program requirements described by the City, and to any amendments hereafter to City program guidelines and requirements. Agency agrees to comply with all applicable federal laws and regulations and to any amendments hereafter including, but not limited to, the following:
16.1 Community Development Block Grant Regulations -- The CDBG Regulations, 24 CFR Part 570, and any amendments hereafter thereto; and
16.2 Santa Barbara Municipal Code Non-discrimination Requirements -- The requirements of the “Nondiscrimination Employment Certificate” (SBMC 9.126), attached hereto as Exhibit “E” and incorporated herein by this reference as though set forth in full; and
16.3 Nondiscrimination In Federally Assisted Programs -- Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), and implementing regulations in 24 CFR part 1, prohibiting discrimination upon the basis of race, color, religion, ancestry, sex, marital status, mental or physical disability, age, familial status, sexual orientation, or national origin; and
16.4 Fair Housing Act -- Title VIII of the Civil Rights Act of 1968, 42 U.S.C. 3600-20, and implementing regulations issued at subchapter A of title 24 of the Code of Federal Regulations prohibiting discrimination in the sale, rental and financing of dwellings based on race, color, religion, sex, national origin, disability or familial status (presence of child under age of 19, and pregnant women) and will affirmatively further fair housing; and
16.5 Equal Opportunity In Housing -- 24 CFR part 107, Executive Order 11063, and implementing regulations which prohibits discrimination in the sale, leasing, rental, or other disposition of properties and facilities owned or operated by the federal government or provided with federal funds; and
16.6 Violence Against Women’s Act -- 24 CFR part 5, subpart L protects victims of domestic violence, dating violence, sexual assault, or stalking who are applying for, or are the beneficiaries of, assistance under a HUD program covered by the Violence Against Women Act (VAWA), as amended (42 U.S.C. 13925 and 42 U.S.C. 14043e et seq.) (“covered housing program,” Agreement No. {{IDIS_ContractNumber}}
as defined in § 5.2003). Notwithstanding the title of the statute, protections are not limited to women but cover victims of domestic violence, dating violence, sexual assault, and stalking, regardless of sex, gender identity, or sexual orientation.
16.6.1 34 U.S.C 12491 -- An applicant for or tenant of housing assisted under a covered housing program may not be denied admission to, denied assistance under, terminated from participation in, or evicted from the housing on the basis that the applicant or tenant is or has been a victim of domestic violence, dating violence, sexual assault, or stalking, if the applicant or tenant otherwise qualifies for admission, assistance, participation, or occupancy.
16.6.2 34 U.S.C 12494 -- No public housing agency or owner or manager of housing assisted under a covered housing program shall discriminate against any person because that person has opposed any act or practice made unlawful by the housing title of VAWA (34 U.S.C. chapter 121, subchapter III, Part L), or because that person testified, assisted, or participated in any related matter. Additionally, no public housing agency or owner or manager of housing assisted under a covered housing program shall coerce, intimidate, threaten, interfere with, or retaliate against any person who exercises or assists or encourages a person to exercise any rights or protections under the housing title of VAWA.
16.6.3 34 U.S.C 12495 -- Protects the right to report crime and emergencies from one's home. Landlords, homeowners, tenants, residents, occupants, and guests of, and applicants for, housing (“listed protected persons”) “shall have” the right to seek law enforcement or emergency assistance on their own behalf or on behalf of another person in need of assistance. Application of actual or threatened penalties to the listed protected persons based on their requests for assistance or based on criminal activity of which they are a victim or otherwise not at fault under the laws or policies adopted or enforced by covered governmental entities are prohibited.
16.7 Housing and Community Development Act -- Section 109 of the Housing and Community Development Act requiring that no person in the United States shall on the grounds of race, color, national origin, religion, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance made available pursuant to the Act; and
16.8 Rehabilitation Act Of 1973 -- Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), as amended, and with implementing regulations at 24 CFR, Part 8, which prohibit discrimination based on disability in Federally-assisted and conducted programs and activities; and
16.9 Age Discrimination Act Of 1975 -- The Age Discrimination Act of 1975 (42 U.S.C. 6101- 07) and implementing regulations at 24 CFR, Part 146, which prohibit discrimination because of age in programs and activities receiving Federal financial assistance; and
16.10 Equal Employment and Contracting Opportunity
16.10.1 The Agency will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or Agreement No. {{IDIS_ContractNumber}}
national origin. The Agency will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Agency agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
16.10.2 The Agency will, in all solicitations or advertisements for employees placed by or on behalf of the Agency, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
16.10.3 The Agency will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Agency's legal duty to furnish information.
16.10.4 The Agency will send to each labor union or representative of workers with which Agency has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Agency's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
16.10.5 The Agency will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
16.10.6 The Agency will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to Agency’s books, records, and accounts by the administering Agency (HUD) and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
16.10.7 In the event of the Agency's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the Agency may be declared ineligible for further Government contracts or federally assisted construction contracts in Agreement No. {{IDIS_ContractNumber}}
accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
16.10.8 The Agency will include the provisions of sections 16.9.1 – 16.9.8 in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Agency will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event an Agency becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction the Agency may request the United States to enter into such litigation to protect the interests of the United States; and
16.11 Debarred, Suspended Or Ineligible Contractors Or Subrecipients – The requirements set forth in 24 CFR part 5, and Executive Orders 12549 and 12689, prohibiting the use of debarred, suspended or ineligible contractors or subrecipients; and
16.12 Housing and Urban Development Act Of 1968 (12 U.S.C. 1701U) – 24 CFR, Part 75, also known as Section 3, provides employment opportunities for businesses and lower income persons in connection with federally-assisted projects. The Department must ensure that the provisions of 24 CFR, Part 75, are included in all subcontracts and that all certification and reporting requirements are met; and
16.13 Minority And Women-Owned Businesses – Executive Orders 11625, 12432, and 12158, which state that recipients of federal assistance shall take affirmative action to encourage participation by minority- and women-owned business enterprises. Agency will use its best efforts to afford small businesses, minority business enterprises, and women’s 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 (15 U.S.C. 632), and “minority and women’s business enterprise” means a business at least fifty-one (51) percent owned and controlled by minority group members or women; and
16.14 Labor Standards
16.14.1 Except with respect to the rehabilitation of residential property designed for residential use for less than eight households, the Agency and all contractors, including subcontractors, engaged in contracts in excess of $2,000 for the construction, completion, rehabilitation, or repair of any building or work financed in whole or in part with assistance provided under this Agreement are subject to the federal labor standards provisions, Davis Bacon and Related Acts (Davis-Bacon Act) as amended (40 USC 3141-5144 and 3146-3148), which govern the payment of wages and the ratio of apprentices and trainees to journey- Agreement No. {{IDIS_ContractNumber}}
workers. Under the terms of the Davis-Bacon Act, as supplemented by 29 CFR Part 5, amended, the Agency and/or hired contractors are required to pay all laborers and mechanics employed on construction work wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor, and shall pay overtime compensation in accordance with and subject to the provision of the Contract Work Hours and Safety Standards Act (40 USC 3701-3708), and the Agency shall comply with all regulations issued pursuant to these Acts and with other applicable Federal laws and regulations pertaining to labor standards, including the Copeland "Anti-Kickback" Act (40 USC 3145). Provided, that if wage rates higher than those required under the regulations are imposed by State or local laws, nothing hereunder is intended to relieve the Agency of its obligation, if any, to require payment of the higher rates.
16.14.2 The regulations of 24 CFR part 70 shall apply to the use of volunteers; and
16.15 Environmental Review Standards
16.15.1 The Agreement is subject to the regulations of 24 CFR part 58, which specify the provisions of law which further the purposes of the National Environmental Policy Act of 1969.
16.15.2 Nothing in this agreement shall obligate the City to reimburse any CDBG funds or authorize Agency to utilize any CDBG funds unless and until the City is in receipt of required HUD authorization to use CDBG funds as per the Environmental Requirements of 24 CFR Part 58; and
16.16 Clean Air Act and Water Pollution Control Act For Contracts In Excess Of $150,000 -- All applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1587). Violations will be reported to the Federal awarding Agency (HUD) and the Regional Office of the Environmental Protection Agency; and
16.17 Flood Disaster Protection Act of 1973 -- The requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001-4128 and the National Flood Insurance Program in accordance with section 202(a) of the Flood Disaster Protection Act and the regulations in 44 CFR parts 59 through 79); and the Coastal Barrier Resources Act (16 U.S.C. 3601); and
16.18 Uniform Relocation Assistance -- Uniform Relocation Assistance and Real Property Acquisition Policies Act Of 1970 (URA) 49 CFR 24 and 24 CFR 570.606, Displacement, Relocation, Acquisition, and Replacement of Housing; and the City of Santa Barbara Tenant Displacement Assistance Ordinance (SBMC 28.89); and
16.19 Executive Order 13279 -- The regulations of Executive Order 13279 (Equal Protection of the Laws for Faith-Based and Community Organizations), and the implementing regulations at 41 CFR chapter 60. As applicable, the requirements of the CDBG Program Regulations for religious or faith-based organizations under 24 CFR 570.200(j); and
Agreement No. {{IDIS_ContractNumber}}
16.20 Lead-Based Paint -- The Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4821- 4846), the Residential Lead-Based Paint Hazard Reduction Act of 2092 (42 U.S.C. 4851-4856), and implementing regulations at part 35, subparts A, B, J, K, and R of this part; and
16.21 Historic Preservation -- The provisions of 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 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply to the performance 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 a Federal, state, or local historic property list; and
16.22 Drug-Free Workplace Act -- The Drug-Free Workplace Act of 1988 and HUD's implementing regulations at 24 CFR, Part 24, Subpart F, requiring provision of drug-free workplace; and
16.23 Uniform Administrative Requirements -- The policies, guidelines, and requirements of Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, specified under 2 CFR 200. In addition, Agency shall ensure compliance with the above uniform administrative requirements by any sub-grant or subcontract entered into by Agency that is financed in whole or in part with assistance provided under this Agreement; and
16.24 Conflict Of Interest -- The conflict of interest provisions, as applicable, in accordance with 2 CFR Part 200.112, 24 CFR Part 92.356, and 24 CFR Part 570.611; and
16.25 Eligibility Restrictions -- The eligibility restrictions set forth by 24 CFR 570.615; and
16.26 Architectural Barriers Act And The Americans With Disabilities Act -- The Architectural Barriers Act of 1968 (42 U.S.C. 4151-4157), the Uniform Federal Accessibility Standards (appendix A to 24 CFR part 40 for residential structures, and appendix A to 41 CFR part 101-20, subpart 101-20.6, for general type buildings), and Americans with Disabilities Act (42 U.S.C. 12151; 47 U.S.C. 155, 201, 219 and 225) (ADA); and
16.27 Prohibited Political and Lobbying Activities -- Federal funds shall not be used to finance the use of facilities or equipment for political purposes or to engage in other partisan political activities, such as candidate forums, voter transportation, or voter registration. In accordance with 31 U.S.C. 1552, federal funds shall not be used for publicity or propaganda purposes or to pay 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 designed to support or defeat legislation pending before federal, state, or local government; and
16.28 Federal Funding Accountability and Transparency Act -- Agency shall fully complete Exhibit “F”, attached hereto and incorporated herein as though set forth in full, and return to City the total annual compensation of the top five (5) management or executive employees, by title only, in compliance with the Federal Funding Accountability and Transparency Act of 2006 (FFATA), Agreement No. {{IDIS_ContractNumber}}
Public Law 109–282. Agency acknowledges that, if applicable, data provided in Exhibit “F” will be reported in the FFATA Sub-award Reporting System.
17. INDEPENDENT CONTRACTOR
It is understood and agreed by the parties hereto that Agency, while engaged in conducting the Program and complying with any of the terms of this Agreement, is an independent contractor and is not an officer, agent or employee of the City; and officers, employees and agents of Agency are not entitled to any of the benefits of City employees.
18. ASSIGNMENT AND SUBCONTRACTING
Agency shall not assign, delegate, sub-contract, sub-grant, transfer, charge or otherwise dispose of all or any of its rights or obligations under this Agreement, or any monies payable hereunder, without the prior written consent of the City, which consent may be withheld in the City’s sole and absolute discretion. If the City provides consent, Agency shall incorporate or cause to be incorporated all applicable federal, state and local requirements provided for in this agreement and any such subcontract or agreement shall be subject to City prior review.
19. INTEREST OF CERTAIN FEDERAL OFFICIALS
Agency agrees that no member of or Delegate to the Congress of the United States, and no resident Commissioner, shall be admitted to share any or part of the proceeds of this Agreement, or to any benefit to arise from the same.
20. BONUS, COMMISSION OR FEE
Agency will not pay any bonus, commission, or fee for the purpose of obtaining approval of this Agreement, or any other approval or concurrence requirement by City or its designee to complete the work financed in whole or in part with the proceeds of this Agreement.
21. INTEREST OF PUBLIC BODY PERSONNEL AND OTHER LOCAL PUBLIC
OFFICIALS
No member of the governing body of the City of Santa Barbara who exercises any functions or responsibilities in connection with the administration of the City's CDBG Program within the City limits of the City of Santa Barbara and no officer or employee who exercises such functions or responsibilities shall have any interest, direct or indirect, in the proceeds of this Agreement, or in any contract entered into by Agency for the performance of work financed in whole or in part with the proceeds of this Agreement.
22. NOTICES
Communication and details concerning this Agreement shall be in writing and sent via US Mail and directed to the addressed as follows:
{{OrgContactInfo_ExecDirectorFName}}
{{OrgContactInfo_ExecDirectorLName}}
City of Santa Barbara
Agreement No. {{IDIS_ContractNumber}}
Executive Director Community Development Department
{{OrgContactInfo_OrgName}} Housing and Human Services Division {{OrgContactInfo_MailingAddress_Address_12}}
{{OrgContactInfo_MailingAddress_Address_CSZ}}
P.O. Box 1990
Santa Barbara, CA 93102-1990
23. SECTION HEADING
The section headings contained herein are for convenience and reference only and are not intended to define or limit the scope of this Agreement.
24. BUDGET RESCISSIONS
In the event the City Council or the Federal Department of Housing and Urban Development rescinds any amount of grant monies allocated for this term, this Agreement may be modified and adjusted by the City as a result of those rescissions.
25. CORPORATE AUTHORITY
The person(s) executing this Agreement on behalf of each of the parties hereto represent and warrant that (i) such party, if not an individual, is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party (iii) by so executing this Agreement such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provisions of any other agreement to which such party is bound.
26. EXECUTION
This contract may be executed in any number of original counterparts. The contract will be effective when all parties have executed the same counterpart, or each party has executed separate counterparts and has delivered a copy of the signature page of the counterpart to the other party. Upon execution by all of the parties, the counterparts shall constitute one and the same contract. Counterparts or signature pages may be delivered via delivery of an original or duplicate in person or by mail, or a duplicate, including scanned copy, in an electronic format, including transmission by electronic mail, secure Internet drop-box, facsimile, or similar other standard interchange format capable of reproduction and storage.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed, the day and year first above written.
City of Santa Barbara
A Municipal Corporation
{{OrgContactInfo_OrgName}}
Agreement No. {{IDIS_ContractNumber}}
By: By:
Elias Isaacson
Community Development Director
Name:
{{OrgContactInfo_ExecDirectorF
Name}}
{{OrgContactInfo_ExecDirectorL
Name}}
Title: Executive Director
APPROVED AS TO CONTENT:
Laura Dubbels
Community Development Housing &
Human Services Manager
Name: Click here to enter text.
President of the Board of Directors
APPROVED AS TO FORM:
Sarah J. Knecht City Attorney
APPROVED AS TO INSURANCE:
Mark Howard
Risk Manager
ATTEST:
Sarah Gorman
City Clerk
Exhibit A
PROGRAM GOALS AND MEASURABLE OUTCOMES
A-1
Agency: {{OrgContactInfo_OrgName}} Agreement No: {{IDIS_ContractNumber}} PROGRAM NAME: {{Case_Name}}
TARGET POPULATION: {{ProjectInformation_TargetPopulation}} PROGRAM OUTPUTS – Number of Persons receiving service, i.e. meals served, clients counseled, meetings held, etc.
Output Goal Annual
Goal #
1. {{Measurables_Output1Description}} Click here to enter text. «GOAL_1»
2. {{Measurables_Output2Description}} «GOAL_2»
3. {{Measurables_Output3Description}} «GOAL_3»
MEASURABLE OUTCOMES – The expected change or result client will experience from program outputs.
Outcome Measure Outcome
Goal %
1. {{Measurables_Outcome1Detail}} «MO_1_GOAL»
2. {{Measurables_Outcome2Detail}} «MO_2_GOAL»
3. {{Measurables_Outcome3Detail}} «MO_3_GOAL»
Exhibit A
PROGRAM GOALS AND MEASURABLE OUTCOMES
A-2
Agency: {{OrgContactInfo_OrgName}} Agreement No: {{IDIS_ContractNumber}} 1 2 3 4 5 6 7 8
Median 100% $90,100
Very Low 0 - 30% $29,350 $33,550 $37,750 $41,900 $45,300 $48,650 $52,000 $55,350 Low 31 - 50% $48,900 $55,900 $62,900 $69,850 $75,450 $81,050 $86,650 $92,250 Moderate 51%-80% $78,350 $89,550 $100,750 $111,900 $120,900 $129,850 $138,800 $147,750 *NOTE: Family size adjustments in each category are based on the percentages below, with family of 4 as the base 1 2 3 4 5 6 7 8
70% 80% 90% Base 108% 116% 124% 132%
Area Median Income = $100,100
City of Santa Barbara
Community Development Block Grant and Human Services Programs * Maximum Income for Various Income Categories 2022
For families above 8 add 8% to the adjustment, for example for a family of 9 the adjustment is 140% (132% + 8%) (rounded to nearest $50.00)
Family Size*
Number of persons:
Adjustment:
CLIENT DEMOGRAPHICS
EX. LOW INCOME (0-30% MFI) {{ClientData_PeopleServedExtLow Income2223}}
LOW INCOME (31-50% MFI) {{ClientData_PeopleServedwithLo wIncome2223}}
MODERATE (51-80% MFI) {{ClientData_PeopleServedModIn
come2223}}
ABOVE MODERATE (81%+MFI) {{ClientData_PeopleServedAbove ModIncome2223}}
ANNUAL UNDUPLICATED CLIENTS: {{ClientData_TotalUnduplicated}} Exhibit B
PROGRAM BUDGET SUMMARY
B-1
Agency: {{OrgContactInfo_OrgName}} Agreement No: {{IDIS_ContractNumber}}
REVENUE
Revenue Sources Amount
City of Santa Barbara CDBG {{Funding_TotalAmo
unt}}
Other City/County Funds Click here
State Federal Funds Click here
Foundations/Trusts Click here
Donations Click here
Client Fees Click here
In-Kind Click here
Other Click here
Total Revenues Click here
EXPENSES
Expenses Amount City SB CDBG Funds $
Salaries, Benefits, Payroll Taxes* Click here Click here Consultants and Contracts Click here Click here
Facility, Utilities, Maintenance Click here Click here
Telephone Click here Click here
Supplies Click here Click here
Postage & Shipping Click here Click here
Marketing (Printing, Advertising) Click here Click here Travel, Mileage, Training Click here Click here
Insurance Click here Click here
Other Click here Click here
Total Expenses Click here Click here
Use of Funds: {{ProjectInformation_SpecificProgCosts}}
*Salaries - (List all staff to whom CDBG Funds are allocated):
Position/Title Name CDBG Amount
Click here Click here Click here
Click here Click here Click here
Click here Click here Click here
Click here Click here Click here
Exhibit C
REQUIREMENTS FOR DOCUMENTATION OF EXPENDITURES
C-1
Agency: {{OrgContactInfo_OrgName}} Agreement No: {{IDIS_ContractNumber}} The financial section of Agency’s Quarterly report is the document used to report program-related expenditures and to request quarterly disbursement of CDBG funds. The Quarterly Report shall be signed and dated, certifying its accuracy, by an individual with fiscal responsibility for the Agency.
Reports are due within 10 days after the end of the quarter. If the 10th falls on a weekend or holiday, the due date is the last business day prior to the 10th.
The reporting periods are as follow:
Reporting Period Report Due
1st Qtr. July 1 – Sept. 30 October
2nd Qtr. Oct. 1 – Dec. 31 January
3rd Qtr. Jan. 1 – March 31 April
4th Qtr. April 1 – June 30 July
Agreement Term Ends-June 30, 2024
SOURCE DOCUMENTATION – All CDBG expenditures shall be supported by source documentation (see 2 CFR 200.302). The source documentation shall explain the basis of the costs incurred, as well as show the actual dates and amount of expenditures.
Complete and accurate documentation that supports each request for quarterly disbursement of CDBG funds shall be attached. The documentation shall be:
• Detailed – All program-related expenditures shall be evidenced by an invoice (or equivalent document) and evidence of payment.
• Clearly Marked – All submitted documentation shall be clearly marked to indicate which expenditures relate specifically to the grant and the applicable dollar amount on the receipt.
The dollar amount shall be circled or highlighted.
• Summarized – Summary listings shall be provided if there are extensive receipts and documents.
PAYROLL EXPENDITURES – The specific program activity and amount of staff time charged to CDBG shall be clearly identified. If an employee’s time is split between CDBG and another funding source, time and activity distribution records supporting the actual staff activity and time charged to CDBG funds shall be submitted. Canceled checks from the employees, insurance provider, etc., or evidence of direct deposits shall be provided to document the actual outlay of CDBG funds.
VERIFICATION OF CLIENT INCOME – Agency shall obtain sufficient detailed evidence to verify that the client benefiting from CDBG Funds has income to qualify as Low-Moderate Income. Total household income from all sources shall be less than 80% of Area Median Income adjusted by household size. Said documentation shall be available for the City’s review upon request.
Exhibit D
FINANCIAL MANAGEMENT ACKNOWLEDGEMENT
D-1
Agency: {{OrgContactInfo_OrgName}} Agreement No: {{IDIS_ContractNumber}} A. ACCOUNTING Initials
1. Agency will maintain written accounting procedures.
2. A clear audit trail will be maintained for each Quarterly Report.
3. Print name and affix signature of responsible party to receive and deposit City checks:
Name: Click here Signature:
4. Two signatures are required on CDBG expense checks. Print names and affix signatures of those responsible for signing checks (attach additional sheet if necessary):
Name: Click here Signature:
Name: Click here Signature:
5. Print name and affix signature of who will be responsible for the preparation of the fiscal reports and CDBG claims:
Name: Click here Signature:
6. If bookkeeping is handled by an outside firm, give name and address:
Firm name: Click here Address: Click here
7. In what bank are you depositing your CDBG funds?
Bank Account Name: Click here
Account Number: Click here
Branch Address: Click here
8. Name of responsible person to review cash reconciliations? Name: Click here
9. Financial status reports are submitted to Agency Board of Directors:
Monthly Quarterly Bi-Annually Annually Other (specify): Click here B. CASH RECORDS Initials
1. Checks will be pre-printed and pre-numbered.
2. Voided checks will be accounted for and kept on record.
3. Grant claims will be backed by invoices and marked to avoid resubmission.
Exhibit D
FINANCIAL MANAGEMENT ACKNOWLEDGEMENT
D-2
Agency: {{OrgContactInfo_OrgName}} Agreement No: {{IDIS_ContractNumber}} C. PAYROLL Initials
1. Agency will keep timesheets.
2. Employee and supervisor will sign timesheets.
3. Timesheets will correspond with payroll periods.
4. Timesheets will indicate daily time worked.
5. Payrolls will be approved by an authorized person.
6. Payroll register or earnings record will be kept.
7. Cumulative Records will be kept.
8. Employee files will be kept containing:
W-4 form
Authorized Deductions
Work History
Employment Application
9. Copies of federal depository receipts and quarterly reports must be kept. State how often deposit withholdings are deposited in a federal depository:
Monthly Quarterly Bi-Annually Annually Other (specify): Click here D. AUDIT Initial applicable row
Agency will obtain annual financial audit (revenues over $2 million) Agency will obtain annual financial review (revenues between $500,000 and $1.99 mil.) Agency will obtain annual financial compilation (for revenues $499,999 or less) Auditor Name: Click here Auditor Address: Click here
Phone: Click here Email: Click here
E. MISC.
Agency IRS No.: Click here Agency State I.D.: Click here Agency DUNS No.: Click here
I hereby certify that Agency will comply with the requirements of Exhibit D identified above in accordance with Section 6 of this Agreement.
Click here
Signature Title
Exhibit E
NONDISCRIMINATORY EMPLOYMENT CERTIFICATE
Department: {{OrgContactInfo_OrgName}} Agreement No: {{IDIS_ContractNumber}} E-1
S.B.M.C. 9.126
9.126.010 Certificate Generally.
Consistent with a policy of non-discrimination in employment on contracts of the City of Santa Barbara and in furtherance of the provisions of Sections 1735 and 1777.6 of the California Labor Code, a "Contractor's Obligation for Nondiscriminatory Employment Certificate" as hereinafter set forth shall be attached and incorporated by reference as an indispensable and integral term of all bid specifications and contracts of the City for purchases, services, and the construction, repair, or improvement of public works. (Ord. 3500 §1(part), 2072.)
9.126.020 Contents of Certificate.
The "contractor's obligation for non-discriminatory employment" is as follows:
In performing the work of this contract, the Contractor agrees as follows:
(1) The Contractor will not discriminate against any employee or applicant for employment because of race, creed, color, national origin, ancestry, sexual orientation, political affiliation or beliefs, sex, age, physical handicap, medical condition, marital status or pregnancy (as those terms are defined by the California Fair Employment and Housing Act -- Government Code Section 12900-12996), except where such discrimination is based on a bona fide occupational qualification. The Contractor will take positive action or ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color, national origin, ancestry, sexual orientation, political affiliation or beliefs, sex, age, physical handicap, medical condition, marital status or pregnancy (as those terms are defined by the California Fair Employment and Housing Act -- Government Code Section 12900-12996), except where such discrimination is based on a bona fide occupational qualification. Such action shall include but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the City setting forth the provisions of this non-discrimination clause. (2) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, national origin, ancestry, sexual orientation, political affiliation or beliefs, sex, age, physical handicap, medical condition, marital status or pregnancy (as those terms are defined by the California Fair Employment and Housing Act -- Government Code Section 12900-12996), except where such discrimination is based on a bona fide occupational qualification. (3) The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the City advising the said labor union or worker's representative of the Contractor's commitments under this provision, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The Contractor will permit access to his records of employment, employment advertisements, application forms, and other pertinent data and records by the City, the Fair Employment Practices Commission, or any other appropriate agency of the State designated by the City for the purposes of investigation to ascertain compliance with the Contractor's obligation for non-discriminatory employment provisions of this contract, or Fair Employment Practices statute. (5) A finding of willful violation of the non-discriminatory employment practices article of this contract or of the Fair Employment Practices Act shall be regarded by the City as a basis for determining that as to future contracts for which the Contractor may submit bids, the Contractor is a "disqualified bidder" for being "non-responsible".
The City shall deem a finding of willful violation of the Fair Employment Practices Act to have occurred upon receipt of written notice from the Fair Employment Practices Commission that it has investigated and determined that the Exhibit E
NONDISCRIMINATORY EMPLOYMENT CERTIFICATE
Department: {{OrgContactInfo_OrgName}} Agreement No: {{IDIS_ContractNumber}} E-2
Contractor has violated the Fair Employment Practices Act and has issued an order under Labor Code Section 1426 or obtained an injunction under Labor Code Section 1429.
Upon receipt of any such written notice, the City shall notify the Contractor that unless he demonstrates to the satisfaction of the City within a stated period that the violation has been corrected, he shall be declared a "disqualified bidder" until such time as the Contractor can demonstrate that he has implemented remedial measures, satisfactory to the City, to eliminate the discriminatory employment practices which constituted the violation found by the Fair Employment Practices Commission.
(6) Upon receipt from any person of a complaint of alleged discrimination under any City contract, the City Administrator shall ascertain whether probable cause for such complaint exists. If probable cause for the complaint is found, the Administrator shall request the City Council to hold a public hearing to determine the existence of a discriminatory practice in violation of this contract.
In addition to any other remedy or action provided by law or the terms of this contract, the Contractor agrees, that should the City Council determine after a public hearing duly noticed to the Contractor that the Contractor has not complied with the non-discriminatory employment practices provisions of this contract or has willfully violated such provisions, the City may, without liability of any kind, terminate, cancel or suspend this contract, in whole or in part. In addition, upon such determination the Contractor shall, as a penalty to the City, forfeit a penalty of $25.00 for each calendar day, or portion thereof, for each person who was denied employment as a result of such non-compliance. Such moneys shall be recovered from the Contractor. The City may deduct any such penalties from any moneys due the Contractor from the City. (7) The Contractor certifies to the City that he has met or will meet the following standards for positive compliance, which shall be evaluated in each case by the City:
(a) The Contractor shall notify all supervisors, foremen and other personnel officers in writing of the content of the non-discrimination provision and their responsibilities under it. (b) The Contractor shall notify all sources of employee referrals, (including unions, employment agencies, advertisements, Department of Employment) of the content of the non-discrimination provision. (c) The Contractor shall file a basic compliance report as required by the City. Willful false statements made in such reports shall be punishable as provided by law. The compliance report shall also specify the sources of the work force and who has the responsibility for determining whom to hire, or whether or not to hire. (d) The Contractor shall notify the City of opposition to the non-discrimination provision by individuals, firms or organizations during the period of this contract.
(8) Nothing contained in this Contractor's Obligation for Non-discriminatory Employment Certificate shall be construed in any manner to prevent the City from pursuing any other remedies that may be available at law. (9) (a) In the performance of the work under this contract, the Contractor will include the provisions of the foregoing paragraphs (1) through (8) in all subcontracts and in any supply contract to be performed within the State of California, so that such provisions will be equally binding upon each subcontractor and each supplier. (b) The Contractor will take such action with respect to any subcontract or purchase order as the City may direct as a means of enforcing such provisions including sanctions for non-compliance; provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction by the City, the Contractor may request the City to enter into such litigation to protect the interests of the City. (Ord. 4465, 2087; Ord. 3500 §1(part), 2072.
Exhibit F
EXECUTIVE/MANAGEMENT COMPENSATION
F-1
Department: {{OrgContactInfo_OrgName}} Agreement No: {{IDIS_ContractNumber}} Provide the total annual compensation (salary and benefits) of the top five (5) management and/or executive employees, by title only, in compliance with Section 16.27 of this Agreement.
EXECUTIVE/MANAGEMENT COMPENSATION
Title Total Compensation
1. Click here Click here
2. Click here Click here
3. Click here Click here
4. Click here Click here
5. Click here Click here
Form completed by: Click here
Title: Click here
AGREEMENT NO. {{IDIS_ContractNumber}}
AGREEMENT FOR USE OF CITY OF SANTA BARBARA
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
THIS GRANT AGREEMENT (“Agreement”) is entered into this 1st day of July, 2023 by and between:
CITY OF SANTA BARBARA, a municipal
corporation, hereinafter referred to as "City".
and
{{OrgContactInfo_OrgName}}, a California Nonprofit, hereinafter referred to as "Agency" RECITALS:
WHEREAS, the City of Santa Barbara receives an allocation of Federal CFDA #14.219 Community Development Block Grant funds, hereinafter referred to as “CDBG funds,” from the U.S. Department of Housing and Urban Development, hereinafter referred to as “HUD,” to undertake activities which foster assistance to low- and moderate-income neighborhoods; and WHEREAS, additionally, City of Santa Barbara General Fund dollars have been made available to be expended at the discretion of the City; (hereinafter referred to as "Human Service Funds"); and
WHEREAS, Agency submitted a proposal for funding to the City Council of the City of Santa Barbara to provide public services consistent with the City’s adopted Consolidated Plan for CDBG funds, and priority criteria for Human Service Funds; and WHEREAS, City Council has found and determined that Agency is operated for the betterment of the people living in and around the City of Santa Barbara and Agency’s proposal for funding was deemed a highly desirable public service by the City Council; and WHEREAS, the use of CDBG and Human Service funds are subject to certain agreements and conditions as more particularly set out in this Agreement.
NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
1. TERM
1.1 The effective date of this Agreement is July 1, 2023 (“Effective Date”). The termination date is June 30, 2024 (“Termination Date”) unless sooner terminated as herein provided.
1.2 If upon Termination Date any CDBG or Human Service funds remain unspent by Agency, said funds shall automatically be returned to the City’s General contingency accounts for CDBG and Human Service funds. Agency shall document and verify the expenditure of CDBG and Human Service funds separately as outlined in section 4.2.4 of this agreement.
Agreement No. «Contract_»
1.3 CDBG and Human Service funds will not be disbursed to Agency unless and until the conditions precedent below are either satisfied to the City’s satisfaction as determined in City’s sole discretion, or waived in writing by City:
a. City Council authorizes execution of this Agreement; and b. The Agreement is mutually executed by Agency and City; and c. Agency has submitted to the City a certificate of insurance pursuant to Section 15 of this Agreement; and
d. Agency has submitted, and City has accepted, all the required funding application attachments, including but not limited to, Board of Director’s minutes, audits and/or financial statements, and Federal Tax Return form 990.
2. USE OF CDBG AND HUMAN SERVICE FUNDS
2.1 Subject to terms and conditions contained herein, City agrees to provide CDBG funds to Agency in the amount of {{IDIS_CDBGFunding}} ({{IDIS_CDBGFunding_Spelled}}) and Human Services Funds in the amount of {{IDIS_GeneralFundFunding}} ({{IDIS_GeneralFundFunding_Spelled}}), for purposes described in Program Goals and Measurable Outcomes statement attached hereto as Exhibit "A" and incorporated herein by reference as though set forth in full and hereinafter referred to as the "Program".
2.2 Agency further agrees that CDBG and Human Service funds for said Program are to be used for allowable expenditures in the manner specified in the Program Budget Summary, attached hereto as Exhibit "B" and incorporated herein by this reference as though set forth in full.
2.3 In the event that Agency desires to use CDBG or Human Service funds provided for herein for purposes other than those provided in Exhibits “A” and "B," Agency shall first submit to the City its written request for the City’s consent to change the use of CDBG funds.
3. PROGRAM BENEFIT
3.1 City and Agency recognize and agree that the use of these CDBG or Human Service funds must primarily benefit at least 51% of Agency’s low and moderate income clientele in accordance with the National Objectives of the CDBG program. For the purposes of this Agreement, low and moderate income clientele are defined as households which earn 80% or below of the regional median income as established by HUD and adjusted for household size as provided on Exhibit “A”.
City agrees to provide Agency any updates to the income levels issued by HUD for use in the Program.
3.2 Agency and City hereby agree that benefit performance to low and moderate income clientele shall be demonstrated by Agency in the following manner:
3.2.1 To the maximum extent possible, Agency shall attempt to assist persons in areas where more than 51% of the residents are low to moderate income (Census Tracts 3.01,
3.02, 6, 7, 8.01, 8.04, 9, 10, 11.01, 11.02, 12.06, 12.08, and 13.04). While these areas of the City exhibit the greatest need for housing assistance and, therefore, require concentrated attention, Agreement No. «Contract_»
this requirement shall not be construed to preclude the program from assisting persons outside the aforementioned area, or
3.2.2 Agency shall have income-eligibility requirements which limit the service to persons meeting the low and moderate income requirement, as evidenced by Agency’s procedures, intake/application forms, income limits, and other sources of documentation; or
3.2.3 Serve a group primarily presumed to be low and moderate income, such as abused children, battered spouses, elderly persons aged 62 and over, severely disabled adults, homeless persons, illiterate adults, persons living with AIDS and migrant farm workers; or
3.2.4 Be of such a nature and in a location that it may be concluded that the activity’s clientele are low and moderate income. Agency shall provide analysis and documentation describing how the nature and the location of the Program, or facility establishes that it is used predominantly by and benefits primarily low and moderate income persons; or
3.2.5 Maintenance of other information which City and Agency determine is necessary to document Program benefit.
4. DISBURSEMENTS AND REPORTING REQUIREMENTS
4.1 City and Agency agree that all disbursements made pursuant to this Agreement shall be on a quarterly reimbursement basis in the amount of {{IDIS_DisbursementPerQuarter}} per quarter. Reimbursement of CDBG and Human Service funds are subject to Agency performance of the Program as evidenced by a completed Quarterly Performance Report (Quarterly Report) completed in accordance with the conditions provided Exhibit “C”, Requirements for Documentation of Expenditures, attached hereto and incorporated herein by this reference as though set forth in full.
4.2 Agency shall provide the following information in the Quarterly Report form as provided by the City:
4.2.1 Accomplishments in Outputs and Outcomes relative to the Program Goals and Measurable Outcomes as shown on Exhibit "A". “Outputs” shall be defined as the number of clients receiving a specific service by Agency. “Outcomes” shall be defined as the expected change or result the client will experience from receiving Agency’s service outputs; and
4.2.2 Client demographics, including but not limited to: age, ethnicity, gender, geographic area and income; and
4.2.3 Program narrative; and
4.2.4 Financial information documenting and verifying expenditures Agency incurred that are reimbursable with CDBG or Human Service funds during the quarter in an amount equal to, or greater than, the quarterly reimbursement amount, and, where applicable, a salary report form
4.3 The Quarterly Report is submitted quarterly with the first quarter commencing as of the Effective Date. The report is due no later than 10 days after the last day of each quarter. If the Agreement No. «Contract_»
10th of the month following the end of a quarter falls on a weekend or holiday, the due date is the last business day prior to the 10th in accordance conditions provided in Exhibit “C.”
4.4 City staff review and approval of Agency’s submitted Quarterly Report is required prior to each disbursement of CDBG funds
5. AGENCY TO MAINTAIN RECORDS
Agency shall keep accurate, written records of all expenses incurred by it and of monies received by it and of all studies, statistics and reports made or issued by Agency in conducting the Program. In particular, Agency shall keep all records and documents as may be necessary to enable the City to determine if the CDBG and Human Service funds to be disbursed pursuant to this Agreement have been or are being used in compliance with the City's requirements and policies relating to CDBG and Human Service funds. At City's request, Agency shall furnish City with a copy of any record(s) maintained by Agency pursuant to the terms of this Agreement. Agency shall maintain all such records for at least five (5) years after the termination of this Agreement.
6. AUDIT OF AGENCY'S RECORDS AND FINANCIAL MANAGEMENT
6.1 Agency shall comply with the financial management requirements listed in the Financial Management Acknowledgement, attached hereto as Exhibit "D" and incorporated herein as though set forth in full. Agency shall notify City by writing, within ten (10) business days of any changes in accounting personnel or procedures stated in Exhibit “D”.
6.2 City shall have the right to audit and review all records maintained by Agency pursuant to the terms of this Agreement. Any such audit and review may be conducted at any time during Agency's regular business hours. Said records shall be open to inspection and audit by City, state, or federal representatives, if applicable, during regular business hours for at least five (5) years after termination of this agreement.
6.3 Agency also agrees to prepare, and submit to the City upon request, a year-end financial report of its total income and expense as prescribed below, within six-months following Agency's fiscal year end:
6.3.1 A financial audit shall be required if Agency’s annual budget revenues exceeds $2 million.
6.3.2 A financial review shall be required if Agency’s annual revenues are between $500,000 and $1.99 million. The financial audit and review shall be prepared by an Independent Certified Public Accountant.
6.3.3 A financial compilation shall be required if Agency’s annual revenues are less than $499,999. The financial compilation may be prepared by an accountant or bookkeeper affiliated with Agency. Said accountant or bookkeeper shall disclose his or her affiliation to Agency.
6.3.4 If Agency expends $750,000 or more within their accounting year in federal funds, it will be subject to shall conduct a single-audit according to 2 CFR 200. Agency shall Agreement No. «Contract_»
submit to City said single audit upon completion, or submit a written statement indicating that Agency was not subject to a single-audit.
7. SOURCE AND AVAILABILITY OF CDBG FUNDS
Agency acknowledges that the CDBG funds being used for the purposes of this Agreement are funds subject to an annual allocation by HUD, and that Human Service Funds are subject to an annual City budget appropriation and allocation by the City Council of the City of Santa Barbara.
Agency agrees that in the event the CDBG or Human Service funds made available by this Agreement are not sufficient to enable City to make any or all payments otherwise provided for in this Agreement, City shall incur no liability to Agency, its officers, agents, employees, suppliers or contractors for failure to make, or for any delay in making, any such payments, as provided for in this Agreement.
Agency hereby indemnifies and holds the City harmless from any liability or damage resulting from any such failure to make, or delay in making, any such payments. City and Agency agree that if the City's Fiscal Year 2023-2024 CDBG or Human Service funds are decreased or eliminated before the end of Fiscal Year 2023-2024, this Agreement shall be reduced accordingly based on the available CDBG or Human Service funds.
8. CDBG PROGRAM INCOME
8.1 Agency hereby agrees that any program income, as defined in 24 CFR 570.500, generated by use of these CDBG funds shall be used for the sole and expressed purposes identified in Section 2 of this Agreement and in accordance with Section 3 of this Agreement. Agency shall return to the City any and all program income not used for the aforementioned purposes.
8.2 Upon termination of this Agreement, City may require remittance of all or part of any CDBG program income balances held by Agency, except those needed for immediate cash needs.
9. REVERSION OF ASSETS
Upon Termination Date, Agency shall transfer to City any unexpended CDBG and Human Service funds on hand and any program income attributable to the use of CDBG funds.
10. LICENSES AND PERMITS
Agency shall obtain and maintain, at Agency's own expense, any and all licenses and permits necessary to conduct the Program and to maintain the facilities and render the services proposed to be maintained or rendered in connection with the Program.
11. EVENTS OF DEFAULT
11.1 This Agreement shall be in default upon the occurrence of any of the following events (hereinafter an “Event of Default”):
11.1.1 FAILURE TO USE CDBG or Human Service FUNDS AS INTENDED -- Agency’s failure to use CDBG or Human Service funds for purposes that qualify for expenditures in accordance with Exhibit B.
Agreement No. «Contract_»
11.1.2. USE OF GRANT FUNDS FOR UNAUTHORIZED PURPOSES -- Agency’s incurring of obligations or making of expenditures for purposes which do not constitute authorized expenditures in accordance with Exhibit B, or for purposes which are not permitted or are prohibited under the terms of this Agreement.
11.1.3 BANKRUPTCY OR INSOLVENCY -- Agency’s filing a petition under the Bankruptcy Act (11 USCA 1, et seq.) or taking or committing any act preparatory to the filing of any such petition or becoming or being insolvent or committing any other act of bankruptcy or insolvency.
11.1.4 DEFAULT UNDER AGREEMENT -- Agency's breach of the covenants or obligations under this Agreement.
11.1.5 FAILURE TO MAINTAIN INSURANCE COVERAGE -- Agency’s failure to maintain insurance coverage as specified in Section 15 herein.
12. RIGHTS AND OBLIGATIONS UPON DEFAULT
12.1 REMEDIES UPON OCCURENCE OF DEFAULT-- Upon the occurrence of an Event of Default, the City shall have the right to terminate this Agreement and demand that Agency reimburse to City an amount equal to one hundred percent (100%) of any and all amounts expended, including interest accrued at the legal rate of interest. Agency shall pay such amount due to City within 120 days of the City written demand.
12.2 REIMBURSEMENT FOR IMPROPER EXPENDITURES -- If within five (5) years after the Termination Date or other termination of this Agreement, it is determined by City that CDBG or Human Service funds provided under the terms of this Agreement have been used by or on behalf of Agency for purposes which do not qualify as expenditures pursuant to Exhibit “B”, or have been used in a manner or for a purpose not authorized by this Agreement, Agency shall, at City’s request, pay to City an amount equal to one hundred percent (100%) of any amount expended for unauthorized expenses, including interest accrued on such amounts at the legal rate of interest, within 120 days of the City request.
12.3 NOTICE OF DEFAULT -- Upon the occurrence of an Event of Default, City shall notify Agency in writing of such occurrence, including a description of the Event of Default.
12.4 CURE -- Agency shall be entitled to a period of time in order cure an Event of Default not to exceed thirty (30) days from the date on which the notice described in the preceding paragraph is delivered to Agency, or, if the Event of Default cannot reasonably be cured in 30 days, then Agency shall have reasonably commenced the cure within 30 days and diligently pursue the cure until its completion but in no event exceeding a period of ninety (90) days; provided in order to cure an Event of Default, Agency shall be required to reimburse City, within such thirty-day period, for all reasonable expenses incurred by City in exercising its rights in connection with any such default.
If Agency so cures any default, then this Agreement shall be reinstated and shall remain in full force and effect as if such default had not occurred.
Agreement No. «Contract_»
13. CITY'S RIGHT TO TERMINATE AGREEMENT
City shall have the right to terminate this Agreement at any time, with or without cause, by giving Agency thirty (30) days' prior written notice of City's intent to terminate this Agreement; provided, that upon such termination, City shall pay all obligations incurred by Agency prior to the date of such termination which are for allowable expenditures and which are authorized under the terms of this Agreement.
14. DEFENSE, INDEMNITY AND HOLD HARMLESS
15. HOLD HARMLESS AND INDEMNIFICATION -- As an essential part of the consideration for this Agreement, Agency shall, to the extent permitted by law, investigate, defend, indemnify, and hold harmless the City and its officers, employees, and agents, from and against any and all loss, damage, liability, claims, demands, detriments, costs, charges, and expenses (including reasonable attorneys' fees), and causes of action of whatsoever character, which the City may incur, sustain, or be subjected to, arising out of or in any way connected with this Agreement.
14.2 The direction, review, acceptance or approval of the Agency’s work or work product by any indemnified party shall not affect, relieve or reduce the Agency’s indemnification or defense obligations.
14.3 This Section survives completion of the services or the termination of this contract. The provisions of this Section are not limited by and do not affect the provisions of this contract relating to insurance.
15. INSURANCE
15.1 As part of the consideration of this Agreement, Agency shall procure and maintain for the duration of the agreement, and for five years thereafter, insurance coverage against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Agency, its agents, representatives, employees, or subcontractors.
15.2 Minimum Scope and Limit of Insurance - Coverage shall be at least as broad as:
15.2.1 Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury, and personal & advertising injury with limits no less than One Million Dollars ($1,000,000) per occurrence. If a general aggregate limit applies, either the aggregate limit shall apply separately to this project or location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
15.2.2 Workers' Compensation: As required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limits no less than One Million Dollars ($1,000,000) per accident for bodily injury or disease.
15.2.3 If the Agency maintains higher coverage limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits Agreement No. «Contract_»
maintained by the Agency. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.15.3 Other Insurance Provisions - Each insurance policy shall contain, or be endorsed to contain, the following five (5) provisions:
15.3 Self-Insured Retentions: Self-insured retentions must be declared to and approved by the City. The City may require the Agency to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City. Any and all deductibles and SIRs shall be the sole responsibility of Agency or subcontractor who procured such insurance and shall not apply to the Indemnified Additional Insured Parties. The City may deduct from any amounts otherwise due Agency to fund the SIR/deductible. Policies shall NOT contain any self-insured retention (SIR) provision that limits the satisfaction of the SIR to the Named. The policy must also provide that Defense costs, including the Allocated Loss Adjustment Expenses, will satisfy the SIR or deductible.
City reserves the right to obtain a copy of any policies and endorsements for verification.
15.4 OTHER INSURANCE PROVISIONS: Each insurance policy shall contain, or be endorsed to contain, the following provisions:
15.4.1 Additional Insured Status – The City of Santa Barbara, its officers, officials, employees, volunteers, and agents, shall be covered as additional insureds on the Commercial General Liability policy with respect to liability arising out of work or operations performed by or on behalf of the Agency including materials, parts, or equipment furnished in connection with such work or operations. Additional Insured coverage shall be provided in the form of an endorsement to the Agency’s insurance (at least as broad as Insurance Services Office Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later edition is used). A copy of the endorsement evidencing that the City of Santa Barbara has been added as an additional insured on the policy, must be attached to the certificate of insurance.
15.4.2 Primary Coverage - For any claims related to this contract, the Agency’s insurance coverage shall be primary and non-contributory at least as broad as Insurance Services Office Form CG 20 01 04 15 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Agency’s insurance and shall not contribute with it. This requirement shall also apply to any Excess or Umbrella liability policies.
15.3.3 Notice of Cancellation - Each insurance policy required above shall provide that coverage shall not be cancelled or subject to reduction without written notice provided to the City Clerk, addressed to P.O. Box 1990, Santa Barbara, California 93102-1990.
15.3.4 Waiver of Subrogation - Agency hereby grants to the City a waiver of any right to subrogation which any insurer of Agency may acquire against the City by virtue of the payment of any loss under such insurance. Agency agrees to obtain any endorsement that may Agreement No. «Contract_»
be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Agency, its employees, agents, and subcontractors.
15.3.4 Unbrella or Excess Policy - The Agency may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required, including, but not limited to, primary and noncontributory, additional insured, Self-Insured Retentions (SIRs), indemnity, and defense requirements. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Agency’s primary and excess liability policies are exhausted.
15.3.6 Claims Made Policies – If any coverage required is written on a claims-made coverage form:
1. The retroactive date must be shown and must be before the execution date of the contract or the beginning of contract work.
2. Insurance must be maintained, and evidence of insurance must be provided for at least five (5) years after completion of contract work.
3. If coverage is canceled or non-renewed, and not replaced with another claimsmade policy form with a retroactive date prior to the contract effective, or start of work date, the Agency must purchase extended reporting period coverage for a minimum of five (5) years after completion of contract work.
4. A copy of the claims reporting requirements must be submitted to the City for review.
15.4 Acceptability of Insurers - All insurance coverage shall be placed with insurers authorized to conduct business in the State of California with a current AM Best’s rating of no less than A: VII. All other insurers require prior approval of the City.
15.5 Verification of Coverage - Agency shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Agency’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. The City reserves the right to Agreement No. «Contract_»
modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
15.6 Evidence of Coverage - Agency must provide evidence that it has secured the required insurance coverage before execution of this agreement. A Certificate of Insurance supplied by the City or the appropriate ACORD and Insurance Services Office forms evidencing the above shall be completed by Agency's insurer or its agent and submitted to the City prior to execution of this Agreement by the City.
15.7 Subcontractors - Agency shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Agency shall ensure that the City is an additional insured on insurance required from subcontractors.
15.8 Special Risks or Circumstances - City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
15.9 Coverage Limits Specifications - Approval of the insurance by City or acceptance of the certificate of insurance by City shall not relieve or decrease the extent to which the Agency may be held responsible for payment of damages resulting from Agency's services or operation pursuant to this Agreement, nor shall it be deemed a waiver of City's rights to insurance coverage hereunder.
If, for any reason, Agency fails to maintain insurance coverage which is required pursuant to this Agreement, the same shall be deemed a material breach of contract. City, at its sole option, may terminate this Agreement and obtain damages from the Agency resulting from said breach.
Alternately, City may purchase such required insurance coverage, and without further notice to Agency, City may deduct from sums due to Agency any premium costs advanced by City for such insurance.
16. OTHER GOVERNMENT / FEDERAL REQUIREMENTS
Agency agrees to comply with all applicable state and local codes, ordinances and other applicable laws, and with all applicable program requirements described by the City, and to any amendments hereafter to City program guidelines and requirements. Agency agrees to comply with all applicable federal laws and regulations and to any amendments hereafter including, but not limited to, the following:
16.1 Community Development Block Grant Regulations -- The CDBG Regulations, 24 CFR Part 570, and any amendments hereafter thereto; and
16.2 Santa Barbara Municipal Code Non-discrimination Requirements -- The requirements of the “Nondiscrimination Employment Certificate” (SBMC 9.126), attached hereto as Exhibit “E” and incorporated herein by this reference as though set forth in full; and
16.3 Nondiscrimination In Federally Assisted Programs -- Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), and implementing regulations in 24 CFR part 1, prohibiting discrimination upon the basis of race, color, religion, ancestry, sex, marital status, mental or physical disability, age, familial status, sexual orientation, or national origin; and Agreement No. «Contract_»
16.4 Fair Housing Act -- Title VIII of the Civil Rights Act of 1968, 42 U.S.C. 3600-20, and implementing regulations issued at subchapter A of title 24 of the Code of Federal Regulations prohibiting discrimination in the sale, rental and financing of dwellings based on race, color, religion, sex, national origin, disability or familial status (presence of child under age of 19, and pregnant women) and will affirmatively further fair housing; and
16.5 Equal Opportunity In Housing -- 24 CFR part 107, Executive Order 11063, and implementing regulations which prohibits discrimination in the sale, leasing, rental, or other disposition of properties and facilities owned or operated by the federal government or provided with federal funds; and
16.6 Violence Against Women’s Act -- 24 CFR part 5, subpart L protects victims of domestic violence, dating violence, sexual assault, or stalking who are applying for, or are the beneficiaries of, assistance under a HUD program covered by the Violence Against Women Act (VAWA), as amended (42 U.S.C. 13925 and 42 U.S.C. 14043e et seq.) (“covered housing program,” as defined in § 5.2003). Notwithstanding the title of the statute, protections are not limited to women but cover victims of domestic violence, dating violence, sexual assault, and stalking, regardless of sex, gender identity, or sexual orientation.
16.6.1 34 U.S.C 12491 -- An applicant for or tenant of housing assisted under a covered housing program may not be denied admission to, denied assistance under, terminated from participation in, or evicted from the housing on the basis that the applicant or tenant is or has been a victim of domestic violence, dating violence, sexual assault, or stalking, if the applicant or tenant otherwise qualifies for admission, assistance, participation, or occupancy.
16.6.2 34 U.S.C 12494 -- No public housing agency or owner or manager of housing assisted under a covered housing program shall discriminate against any person because that person has opposed any act or practice made unlawful by the housing title of VAWA (34 U.S.C. chapter 121, subchapter III, Part L), or because that person testified, assisted, or participated in any related matter. Additionally, no public housing agency or owner or manager of housing assisted under a covered housing program shall coerce, intimidate, threaten, interfere with, or retaliate against any person who exercises or assists or encourages a person to exercise any rights or protections under the housing title of VAWA.
16.6.3 34 U.S.C 12495 -- Protects the right to report crime and emergencies from one's home. Landlords, homeowners, tenants, residents, occupants, and guests of, and applicants for, housing (“listed protected persons”) “shall have” the right to seek law enforcement or emergency assistance on their own behalf or on behalf of another person in need of assistance. Application of actual or threatened penalties to the listed protected persons based on their requests for assistance or based on criminal activity of which they are a victim or otherwise not at fault under the laws or policies adopted or enforced by covered governmental entities are prohibited.
16.7 Housing and Community Development Act -- Section 109 of the Housing and Community Development Act requiring that no person in the United States shall on the grounds of Agreement No. «Contract_»
race, color, national origin, religion, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance made available pursuant to the Act; and
16.8 Rehabilitation Act Of 1973 -- Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), as amended, and with implementing regulations at 24 CFR, Part 8, which prohibit discrimination based on disability in Federally-assisted and conducted programs and activities; and
16.9 Age Discrimination Act Of 1975 -- The Age Discrimination Act of 1975 (42 U.S.C. 6101- 07) and implementing regulations at 24 CFR, Part 146, which prohibit discrimination because of age in programs and activities receiving Federal financial assistance; and
16.10 Equal Employment and Contracting Opportunity
16.10.1 The Agency will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Agency will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Agency agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
16.10.2 The Agency will, in all solicitations or advertisements for employees placed by or on behalf of the Agency, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
16.10.3 The Agency will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Agency's legal duty to furnish information.
16.10.4 The Agency will send to each labor union or representative of workers with which Agency has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Agency's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
Agreement No. «Contract_»
16.10.5 The Agency will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
16.10.6 The Agency will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to Agency’s books, records, and accounts by the administering Agency (HUD) and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
16.10.7 In the event of the Agency's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the Agency may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
16.10.8 The Agency will include the provisions of sections 16.9.1 – 16.9.8 in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Agency will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event an Agency becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction the Agency may request the United States to enter into such litigation to protect the interests of the United States; and
16.11 Debarred, Suspended Or Ineligible Contractors Or Subrecipients – The requirements set forth in 24 CFR part 5, and Executive Orders 12549 and 12689, prohibiting the use of debarred, suspended or ineligible contractors or subrecipients; and
16.12 Housing and Urban Development Act Of 1968 (12 U.S.C. 1701U) – 24 CFR, Part 75, also known as Section 3, provides employment opportunities for businesses and lower income persons in connection with federally-assisted projects. The Department must ensure that the provisions of 24 CFR, Part 75, are included in all subcontracts and that all certification and reporting requirements are met; and
16.13 Minority And Women-Owned Businesses – Executive Orders 11625, 12432, and 12158, which state that recipients of federal assistance shall take affirmative action to encourage participation by minority- and women-owned business enterprises. Agency will use its best efforts to afford small businesses, minority business enterprises, and women’s business enterprises the maximum practicable opportunity to participate in the performance of this Agreement. As used in Agreement No. «Contract_»
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 (15 U.S.C. 632), and “minority and women’s business enterprise” means a business at least fifty-one (51) percent owned and controlled by minority group members or women; and
16.14 Labor Standards
16.14.1 Except with respect to the rehabilitation of residential property designed for residential use for less than eight households, the Agency and all contractors, including subcontractors, engaged in contracts in excess of $2,000 for the construction, completion, rehabilitation, or repair of any building or work financed in whole or in part with assistance provided under this Agreement are subject to the federal labor standards provisions, Davis Bacon and Related Acts (Davis-Bacon Act) as amended (40 USC 3141-5144 and 3146-3148), which govern the payment of wages and the ratio of apprentices and trainees to journeyworkers. Under the terms of the Davis-Bacon Act, as supplemented by 29 CFR Part 5, amended, the Agency and/or hired contractors are required to pay all laborers and mechanics employed on construction work wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor, and shall pay overtime compensation in accordance with and subject to the provision of the Contract Work Hours and Safety Standards Act (40 USC 3701-3708), and the Agency shall comply with all regulations issued pursuant to these Acts and with other applicable Federal laws and regulations pertaining to labor standards, including the Copeland "Anti-Kickback" Act (40 USC 3145). Provided, that if wage rates higher than those required under the regulations are imposed by State or local laws, nothing hereunder is intended to relieve the Agency of its obligation, if any, to require payment of the higher rates.
16.14.2 The regulations of 24 CFR part 70 shall apply to the use of volunteers; and
16.15 Environmental Review Standards
16.15.1 The Agreement is subject to the regulations of 24 CFR part 58, which specify the provisions of law which further the purposes of the National Environmental Policy Act of 1969.
16.15.2 Nothing in this agreement shall obligate the City to reimburse any CDBG funds or authorize Agency to utilize any CDBG funds unless and until the City is in receipt of required HUD authorization to use CDBG funds as per the Environmental Requirements of 24 CFR Part 58; and
16.16 Clean Air Act and Water Pollution Control Act For Contracts In Excess Of $150,000 -- All applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1587). Violations Agreement No. «Contract_»
will be reported to the Federal awarding Agency (HUD) and the Regional Office of the Environmental Protection Agency; and
16.17 Flood Disaster Protection Act of 1973 -- The requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001-4128 and the National Flood Insurance Program in accordance with section 202(a) of the Flood Disaster Protection Act and the regulations in 44 CFR parts 59 through 79); and the Coastal Barrier Resources Act (16 U.S.C. 3601); and
16.18 Uniform Relocation Assistance -- Uniform Relocation Assistance and Real Property Acquisition Policies Act Of 1970 (URA) 49 CFR 24 and 24 CFR 570.606, Displacement, Relocation, Acquisition, and Replacement of Housing; and the City of Santa Barbara Tenant Displacement Assistance Ordinance (SBMC 28.89); and
16.19 Executive Order 13279 -- The regulations of Executive Order 13279 (Equal Protection of the Laws for Faith-Based and Community Organizations), and the implementing regulations at 41 CFR chapter 60. As applicable, the requirements of the CDBG Program Regulations for religious or faith-based organizations under 24 CFR 570.200(j); and
16.20 Lead-Based Paint -- The Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4821- 4846), the Residential Lead-Based Paint Hazard Reduction Act of 2092 (42 U.S.C. 4851-4856), and implementing regulations at part 35, subparts A, B, J, K, and R of this part; and
16.21 Historic Preservation -- The provisions of 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 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply to the performance 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 a Federal, state, or local historic property list; and
16.22 Drug-Free Workplace Act -- The Drug-Free Workplace Act of 1988 and HUD's implementing regulations at 24 CFR, Part 24, Subpart F, requiring provision of drug-free workplace; and
16.23 Uniform Administrative Requirements -- The policies, guidelines, and requirements of Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, specified under 2 CFR 200. In addition, Agency shall ensure compliance with the above uniform administrative requirements by any sub-grant or subcontract entered into by Agency that is financed in whole or in part with assistance provided under this Agreement; and
16.24 Conflict Of Interest -- The conflict of interest provisions, as applicable, in accordance with 2 CFR Part 200.112, 24 CFR Part 92.356, and 24 CFR Part 570.611; and
16.25 Eligibility Restrictions -- The eligibility restrictions set forth by 24 CFR 570.615; and
16.26 Architectural Barriers Act And The Americans With Disabilities Act -- The Architectural Barriers Act of 1968 (42 U.S.C. 4151-4157), the Uniform Federal Accessibility Standards (appendix A to 24 CFR part 40 for residential structures, and appendix A to 41 CFR part 101-20, Agreement No. «Contract_»
subpart 101-20.6, for general type buildings), and Americans with Disabilities Act (42 U.S.C. 12151; 47 U.S.C. 155, 201, 219 and 225) (ADA); and
16.27 Prohibited Political and Lobbying Activities -- Federal funds shall not be used to finance the use of facilities or equipment for political purposes or to engage in other partisan political activities, such as candidate forums, voter transportation, or voter registration. In accordance with 31 U.S.C. 1552, federal funds shall not be used for publicity or propaganda purposes or to pay 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 designed to support or defeat legislation pending before federal, state, or local government; and
16.28 Federal Funding Accountability and Transparency Act -- Agency shall fully complete Exhibit “F”, attached hereto and incorporated herein as though set forth in full, and return to City the total annual compensation of the top five (5) management or executive employees, by title only, in compliance with the Federal Funding Accountability and Transparency Act of 2006 (FFATA), Public Law 109–282. Agency acknowledges that, if applicable, data provided in Exhibit “F” will be reported in the FFATA Sub-award Reporting System.
17. INDEPENDENT CONTRACTOR
It is understood and agreed by the parties hereto that Agency, while engaged in conducting the Program and complying with any of the terms of this Agreement, is an independent contractor and is not an officer, agent or employee of the City; and officers, employees and agents of Agency are not entitled to any of the benefits of City employees.
18. ASSIGNMENT AND SUBCONTRACTING
Agency shall not assign, delegate, sub-contract, sub-grant, transfer, charge or otherwise dispose of all or any of its rights or obligations under this Agreement, or any monies payable hereunder, without the prior written consent of the City, which consent may be withheld in the City’s sole and absolute discretion. If the City provides consent, Agency shall incorporate or cause to be incorporated all applicable federal, state and local requirements provided for in this agreement and any such subcontract or agreement shall be subject to City prior review.
19. INTEREST OF CERTAIN FEDERAL OFFICIALS
Agency agrees that no member of or Delegate to the Congress of the United States, and no resident Commissioner, shall be admitted to share any or part of the proceeds of this Agreement, or to any benefit to arise from the same.
20. BONUS, COMMISSION OR FEE
Agency will not pay any bonus, commission, or fee for the purpose of obtaining approval of this Agreement, or any other approval or concurrence requirement by City or its designee to complete the work financed in whole or in part with the proceeds of this Agreement.
Agreement No. «Contract_»
21. INTEREST OF PUBLIC BODY PERSONNEL AND OTHER LOCAL PUBLIC
OFFICIALS
No member of the governing body of the City of Santa Barbara who exercises any functions or responsibilities in connection with the administration of the City's CDBG Program within the City limits of the City of Santa Barbara and no officer or employee who exercises such functions or responsibilities shall have any interest, direct or indirect, in the proceeds of this Agreement, or in any contract entered into by Agency for the performance of work financed in whole or in part with the proceeds of this Agreement.
22. NOTICES
Communication and details concerning this Agreement shall be in writing and sent via US Mail and directed to the addressed as follows:
{{OrgContactInfo_ExecDirectorFName}}
{{OrgContactInfo_ExecDirectorLName}}
City of Santa Barbara
{{OrgContactInfo_OrgName}} Community Development Department {{OrgContactInfo_MailingAddress_Address_12}} Housing and Human Services Division {{OrgContactInfo_MailingAddress_Address_CSZ}} P.O. Box 1990 Santa Barbara, CA 93102-1990
23. SECTION HEADING
The section headings contained herein are for convenience and reference only and are not intended to define or limit the scope of this Agreement.
24. BUDGET RESCISSIONS
In the event the City Council or the Federal Department of Housing and Urban Development rescinds any amount of grant monies allocated for this term, this Agreement may be modified and adjusted by the City as a result of those rescissions.
25. CORPORATE AUTHORITY
The person(s) executing this Agreement on behalf of each of the parties hereto represent and warrant that (i) such party, if not an individual, is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party (iii) by so executing this Agreement such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provisions of any other agreement to which such party is bound.
26. EXECUTION
This contract may be executed in any number of original counterparts. The contract will be effective when all parties have executed the same counterpart, or each party has executed separate counterparts and has delivered a copy of the signature page of the counterpart to the other party. Upon execution by all of the parties, the counterparts shall constitute one and the same Agreement No. «Contract_»
contract. Counterparts or signature pages may be delivered via delivery of an original or duplicate in person or by mail, or a duplicate, including scanned copy, in an electronic format, including transmission by electronic mail, secure Internet drop-box, facsimile, or similar other standard interchange format capable of reproduction and storage.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed, the day and year first above written.
City of Santa Barbara
A Municipal Corporation
{{OrgContactInfo_OrgName}}
Agreement No. {{IDIS_ContractNumber}}
By: By:
Elias Isaacson
Community Development Director
Name:
{{OrgContactInfo_ExecDirectorF
Name}}
{{OrgContactInfo_ExecDirectorL
Name}}
Title: Executive Director
APPROVED AS TO CONTENT:
Laura Dubbels
Community Development Housing &
Human Services Manager
Name: Click here to enter text.
President of the Board of Directors
APPROVED AS TO FORM:
Sarah J. Knecht
City Attorney
APPROVED AS TO INSURANCE:
Mark Howard
Risk Manager
ATTEST:
Sarah Gorman
City Clerk
Exhibit A
PROGRAM GOALS AND MEASURABLE OUTCOMES
A-1
Agency: {{OrgContactInfo_OrgName}} Agreement No: {{IDIS_ContractNumber}} PROGRAM NAME: {{Case_Name}}
TARGET POPULATION: {{ProjectInformation_TargetPopulation}} PROGRAM OUTPUTS – Number of Persons receiving service, i.e. meals served, clients counseled, meetings held, etc.
Output Goal Annual
Goal #
1. {{Measurables_Output1Description}} «GOAL_1»
2. {{Measurables_Output2Description}} «GOAL_2»
3. « {{Measurables_Output3Description}} «GOAL_3»
MEASURABLE OUTCOMES – The expected change or result client will experience from program outputs.
Outcome Measure Outcome
Goal %
1. {{Measurables_Outcome1Detail}} «MO_1_GOAL»
2. {{Measurables_Outcome2Detail}} «MO_2_GOAL»
3. {{Measurables_Outcome3Detail}} «MO_3_GOAL»
Exhibit A
PROGRAM GOALS AND MEASURABLE OUTCOMES
A-2
Agency: {{OrgContactInfo_OrgName}} Agreement No: {{IDIS_ContractNumber}} 1 2 3 4 5 6 7 8
Median 100% $90,100
Very Low 0 - 30% $29,350 $33,550 $37,750 $41,900 $45,300 $48,650 $52,000 $55,350 Low 31 - 50% $48,900 $55,900 $62,900 $69,850 $75,450 $81,050 $86,650 $92,250 Moderate 51%-80% $78,350 $89,550 $100,750 $111,900 $120,900 $129,850 $138,800 $147,750 *NOTE: Family size adjustments in each category are based on the percentages below, with family of 4 as the base 1 2 3 4 5 6 7 8
70% 80% 90% Base 108% 116% 124% 132%
Area Median Income = $100,100
City of Santa Barbara
Community Development Block Grant and Human Services Programs * Maximum Income for Various Income Categories 2022
For families above 8 add 8% to the adjustment, for example for a family of 9 the adjustment is 140% (132% + 8%) (rounded to nearest $50.00)
Family Size*
Number of persons:
Adjustment:
CLIENT DEMOGRAPHICS
EX. LOW INCOME (0-30% MFI) {{ClientData_PeopleServedExtLowInc ome2223}}
LOW INCOME (31-50% MFI) {{ClientData_PeopleServedwithLowIn come2223}}
MODERATE (51-80% MFI) {{ClientData_PeopleServedModInco
me2223}}
ABOVE MODERATE (81%+MFI) {{ClientData_PeopleServedAboveMo dIncome2223}}
ANNUAL UNDUPLICATED CLIENTS: {{ClientData_TotalUnduplicated}} Exhibit B
PROGRAM BUDGET SUMMARY
B-1
Agency: {{OrgContactInfo_OrgName}} Agreement No: {{IDIS_ContractNumber}}
REVENUE
Revenue Sources Amount
City of Santa Barbara CDBG {{IDIS_CDBGFunding
}}
City of Santa Barbara Human Services {{IDIS_GeneralFundF unding}}
Other City/County Funds Click here
State Federal Funds Click here
Foundations/Trusts Click here
Donations Click here
Client Fees Click here
In-Kind Click here
Other Click here
Total Revenues Click here
EXPENSES
Expenses Amount City SB CDBG/HS Funds
Salaries, Benefits, Payroll Taxes* Click here Click here Consultants and Contracts Click here Click here
Facility, Utilities, Maintenance Click here Click here
Telephone Click here Click here
Supplies Click here Click here
Postage & Shipping Click here Click here
Marketing (Printing, Advertising) Click here Click here Travel, Mileage, Training Click here Click here
Insurance Click here Click here
Other Click here Click here
Total Expenses Click here Click here
Use of Funds: {{ProjectInformation_SpecificProgCosts}}
*Salaries - (List all staff to whom CDBG Funds are allocated):
Position/Title Name CDBG Amount HS Amount
Click here Click here Click here Click here
Click here Click here Click here Click here
Click here Click here Click here Click here
Click here Click here Click here Click here
Exhibit C
REQUIREMENTS FOR DOCUMENTATION OF EXPENDITURES
C-1
Agency: {{OrgContactInfo_OrgName}} Agreement No: {{IDIS_ContractNumber}} The financial section of Agency’s Quarterly report is the document used to report program-related expenditures and to request quarterly disbursement of CDBG and Human Service funds. The Quarterly Report shall be signed and dated, certifying its accuracy, by an individual with fiscal responsibility for the Agency.
Reports are due within 10 days after the end of the quarter. If the 10th falls on a weekend or holiday, the due date is the last business day prior to the 10th.
The reporting periods are as follow:
Reporting Period Report Due
1st Qtr. July 1 – Sept. 30 October
2nd Qtr. Oct. 1 – Dec. 31 January
3rd Qtr. Jan. 1 – March 31 April
4th Qtr. April 1 – June 30 July
Agreement Term Ends-June 30, 2024
SOURCE DOCUMENTATION – All CDBG and Human Service expenditures shall be supported by source documentation (see 2 CFR 200.302). The source documentation shall explain the basis of the costs incurred, as well as show the actual dates and amount of expenditures.
Complete and accurate documentation that supports each request for quarterly disbursement of CDBG and Human Service funds shall be attached. The documentation shall be:
• Detailed – All program-related expenditures shall be evidenced by an invoice (or equivalent document) and evidence of payment.
• Clearly Marked – All submitted documentation shall be clearly marked to indicate which expenditures relate specifically to the grant and the applicable dollar amount on the receipt.
The dollar amount shall be circled or highlighted.
• Summarized – Summary listings shall be provided if there are extensive receipts and documents.
PAYROLL EXPENDITURES – The specific program activity and amount of staff time charged to CDBG and Human Service shall be clearly identified. If an employee’s time is split between CDBG and Human Service, and another funding source, time and activity distribution records supporting the actual staff activity and time charged to CDBG and Human Service funds shall be submitted. Canceled checks from the employees, insurance provider, etc., or evidence of direct deposits shall be provided to document the actual outlay of CDBG and Human Service funds.
VERIFICATION OF CLIENT INCOME – Agency shall obtain sufficient detailed evidence to verify that the client benefiting from CDBG and Human Service Funds has income to qualify as LowModerate Income. Total household income from all sources shall be less than 80% of Area Median Income adjusted by household size. Said documentation shall be available for the City’s review upon request.
Exhibit D
FINANCIAL MANAGEMENT ACKNOWLEDGEMENT
D-1
Agency: {{OrgContactInfo_OrgName}} Agreement No: {{IDIS_ContractNumber}} A. ACCOUNTING Initials
1. Agency will maintain written accounting procedures.
2. A clear audit trail will be maintained for each Quarterly Report.
3. Print name and affix signature of responsible party to receive and deposit City checks:
Name: Click here Signature:
4. Two signatures are required on CDBG expense checks. Print names and affix signatures of those responsible for signing checks (attach additional sheet if necessary):
Name: Click here Signature:
Name: Click here Signature:
5. Print name and affix signature of who will be responsible for the preparation of the fiscal reports and CDBG claims:
Name: Click here Signature:
6. If bookkeeping is handled by an outside firm, give name and address:
Firm name: Click here Address: Click here
7. In what bank are you depositing your CDBG funds?
Bank Account Name: Click here
Account Number: Click here
Branch Address: Click here
8. Name of responsible person to review cash reconciliations? Name: Click here
9. Financial status reports are submitted to Agency Board of Directors:
Monthly Quarterly Bi-Annually Annually Other (specify): Click here B. CASH RECORDS Initials
1. Checks will be pre-printed and pre-numbered.
2. Voided checks will be accounted for and kept on record.
3. Grant claims will be backed by invoices and marked to avoid resubmission.
Exhibit D
FINANCIAL MANAGEMENT ACKNOWLEDGEMENT
D-2
Agency: {{OrgContactInfo_OrgName}} Agreement No: {{IDIS_ContractNumber}} C. PAYROLL Initials
1. Agency will keep timesheets.
2. Employee and supervisor will sign timesheets.
3. Timesheets will correspond with payroll periods.
4. Timesheets will indicate daily time worked.
5. Payrolls will be approved by an authorized person.
6. Payroll register or earnings record will be kept.
7. Cumulative Records will be kept.
8. Employee files will be kept containing:
W-4 form
Authorized Deductions
Work History
Employment Application
9. Copies of federal depository receipts and quarterly reports must be kept. State how often deposit withholdings are deposited in a federal depository:
Monthly Quarterly Bi-Annually Annually Other (specify): Click here D. AUDIT Initial applicable row
Agency will obtain annual financial audit (revenues over $2 million) Agency will obtain annual financial review (revenues between $500,000 and $1.99 mil.) Agency will obtain annual financial compilation (for revenues $499,999 or less) Auditor Name: Click here Auditor Address: Click here
Phone: Click here Email: Click here
E. MISC.
Agency IRS No.: Click here Agency State I.D.: Click here Agency DUNS No.: Click here
I hereby certify that Agency will comply with the requirements of Exhibit D identified above in accordance with Section 6 of this Agreement.
Click here
Signature Title
Exhibit E
NONDISCRIMINATORY EMPLOYMENT CERTIFICATE
E-1
S.B.M.C. 9.126
9.126.010 Certificate Generally.
Consistent with a policy of non-discrimination in employment on contracts of the City of Santa Barbara and in furtherance of the provisions of Sections 1735 and 1777.6 of the California Labor Code, a "Contractor's Obligation for Nondiscriminatory Employment Certificate" as hereinafter set forth shall be attached and incorporated by reference as an indispensable and integral term of all bid specifications and contracts of the City for purchases, services, and the construction, repair, or improvement of public works. (Ord. 3500 §1(part), 2072.)
9.126.020 Contents of Certificate.
The "contractor's obligation for non-discriminatory employment" is as follows:
In performing the work of this contract, the Contractor agrees as follows:
(1) The Contractor will not discriminate against any employee or applicant for employment because of race, creed, color, national origin, ancestry, sexual orientation, political affiliation or beliefs, sex, age, physical handicap, medical condition, marital status or pregnancy (as those terms are defined by the California Fair Employment and Housing Act -- Government Code Section 12900-12996), except where such discrimination is based on a bona fide occupational qualification. The Contractor will take positive action or ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color, national origin, ancestry, sexual orientation, political affiliation or beliefs, sex, age, physical handicap, medical condition, marital status or pregnancy (as those terms are defined by the California Fair Employment and Housing Act -- Government Code Section 12900-12996), except where such discrimination is based on a bona fide occupational qualification. Such action shall include but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the City setting forth the provisions of this non-discrimination clause. (2) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, national origin, ancestry, sexual orientation, political affiliation or beliefs, sex, age, physical handicap, medical condition, marital status or pregnancy (as those terms are defined by the California Fair Employment and Housing Act -- Government Code Section 12900-12996), except where such discrimination is based on a bona fide occupational qualification. (3) The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the City advising the said labor union or worker's representative of the Contractor's commitments under this provision, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The Contractor will permit access to his records of employment, employment advertisements, application forms, and other pertinent data and records by the City, the Fair Employment Practices Commission, or any other appropriate Agency of the State designated by the City for the purposes of investigation to ascertain compliance with the Contractor's obligation for non-discriminatory employment provisions of this contract, or Fair Employment Practices statute. (5) A finding of willful violation of the non-discriminatory employment practices article of this contract or of the Fair Employment Practices Act shall be regarded by the City as a basis for determining that as to future contracts for which the Contractor may submit bids, the Contractor is a "disqualified bidder" for being "non-responsible".
The City shall deem a finding of willful violation of the Fair Employment Practices Act to have occurred upon receipt of written notice from the Fair Employment Practices Commission that it has investigated and determined that the Exhibit E
NONDISCRIMINATORY EMPLOYMENT CERTIFICATE
E-2
Contractor has violated the Fair Employment Practices Act and has issued an order under Labor Code Section 1426 or obtained an injunction under Labor Code Section 1429.
Upon receipt of any such written notice, the City shall notify the Contractor that unless he demonstrates to the satisfaction of the City within a stated period that the violation has been corrected, he shall be declared a "disqualified bidder" until such time as the Contractor can demonstrate that he has implemented remedial measures, satisfactory to the City, to eliminate the discriminatory employment practices which constituted the violation found by the Fair Employment Practices Commission.
(6) Upon receipt from any person of a complaint of alleged discrimination under any City contract, the City Administrator shall ascertain whether probable cause for such complaint exists. If probable cause for the complaint is found, the Administrator shall request the City Council to hold a public hearing to determine the existence of a discriminatory practice in violation of this contract.
In addition to any other remedy or action provided by law or the terms of this contract, the Contractor agrees, that should the City Council determine after a public hearing duly noticed to the Contractor that the Contractor has not complied with the non-discriminatory employment practices provisions of this contract or has willfully violated such provisions, the City may, without liability of any kind, terminate, cancel or suspend this contract, in whole or in part. In addition, upon such determination the Contractor shall, as a penalty to the City, forfeit a penalty of $25.00 for each calendar day, or portion thereof, for each person who was denied employment as a result of such non-compliance. Such moneys shall be recovered from the Contractor. The City may deduct any such penalties from any moneys due the Contractor from the City. (7) The Contractor certifies to the City that he has met or will meet the following standards for positive compliance, which shall be evaluated in each case by the City:
(a) The Contractor shall notify all supervisors, foremen and other personnel officers in writing of the content of the non-discrimination provision and their responsibilities under it. (b) The Contractor shall notify all sources of employee referrals, (including unions, employment agencies, advertisements, Department of Employment) of the content of the non-discrimination provision. (c) The Contractor shall file a basic compliance report as required by the City. Willful false statements made in such reports shall be punishable as provided by law. The compliance report shall also specify the sources of the work force and who has the responsibility for determining whom to hire, or whether or not to hire. (d) The Contractor shall notify the City of opposition to the non-discrimination provision by individuals, firms or organizations during the period of this contract.
(8) Nothing contained in this Contractor's Obligation for Non-discriminatory Employment Certificate shall be construed in any manner to prevent the City from pursuing any other remedies that may be available at law. (9) (a) In the performance of the work under this contract, the Contractor will include the provisions of the foregoing paragraphs (1) through (8) in all subcontracts and in any supply contract to be performed within the State of California, so that such provisions will be equally binding upon each subcontractor and each supplier. (b) The Contractor will take such action with respect to any subcontract or purchase order as the City may direct as a means of enforcing such provisions including sanctions for non-compliance; provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction by the City, the Contractor may request the City to enter into such litigation to protect the interests of the City. (Ord. 4465, 2087; Ord. 3500 §1(part), 2072.
Exhibit F
EXECUTIVE/MANAGEMENT COMPENSATION
F-1
Department: {{OrgContactInfo_OrgName}} Agreement No: {{IDIS_ContractNumber}} Provide the total annual compensation (salary and benefits) of the top five (5) management and/or executive employees, by title only, in compliance with Section 16.27 of this Agreement.
EXECUTIVE/MANAGEMENT COMPENSATION
Title Total Compensation
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