Santa Barbara City Council
March 19, 2024

Revised YTD Encum- Remaining Percent of Previous
Budget Actual brances Balance Budget YTD

REVENUES
Service Charges 28,099,437 16,457,123 - 11,642,314 58.6% 15,270,074 Fees 613,443 310,650 - 302,793 50.6% 365,191
Investment Income 364,500 320,360 - 44,140 87.9% 191,338 Rents & Concessions 61,072 29,998 - 31,074 49.1% 28,585 Grants - (15,212) - 15,212 0.0% -
Miscellaneous 5,000 - - 5,000 0.0% 3,179
TOTAL REVENUES 17,102,919 29,143,452 - 12,040,533 58.7% 15,858,366

EXPENSES
Salaries & Benefits 9,225,935 5,227,157 - 3,998,778 56.7% 4,758,482 Materials, Supplies & Services 11,898,622 5,858,878 2,019,566 4,020,178 66.2% 5,199,251 Special Projects 1,332,061 413,154 307,409 611,498 54.1% 216,368 Debt Service 3,552,087 557,041 - 2,995,046 15.7% 579,041 Capital Outlay Transfers 4,056,315 2,366,184 - 1,690,131 58.3% 2,766,782 Equipment 161,170 58,793 16,473 85,904 46.7% 19,271
Capitalized Fixed Assets 145,381 46,833 94,290 4,258 97.1% 55,810 Other 4,100 1,513 6,500 (3,913) 195.4% 1,513
TOTAL EXPENSES 14,529,554 30,375,672 2,444,238 13,401,881 55.9% 13,596,518 Revenue Less Expense 2,573,366 (1,232,220) (2,444,238) (1,361,348) 2,261,848 Miscellaneous

CITY OF SANTA BARBARA
Interim Statement of Revenues and Expenditures
For Seven Month Ended January 31, 2024 ( 58.4% of Fiscal Year)

WASTEWATER OPERATING FUND

Revised YTD Encum- Remaining Percent of Previous
Budget Actual brances Balance Budget YTD

REVENUES
Improvement Tax 1,000,000 370,100 - 629,900 37.0% 722,943 Parking Fees 9,023,365 4,706,418 - 4,316,947 52.2% 4,327,337 Other Fees & Charges 15,606 - - 15,606 0.0% 8,736
Investment Income 77,000 72,078 - 4,922 93.6% 41,866
Rents & Concessions 374,590 250,006 - 124,584 66.7% 165,139 Miscellaneous 170,183 83,864 - 86,319 49.3% 61,114
Operating Transfers-In 902,899 610,024 - 292,874 67.6% 416,350 TOTAL REVENUES 6,092,490 11,563,643 - 5,471,153 52.7% 5,743,485

EXPENSES
Salaries & Benefits 5,769,667 3,100,524 - 2,669,143 53.7% 2,817,830 Materials, Supplies & Services 4,713,116 2,869,059 697,335 1,146,722 75.7% 2,340,159 Special Projects 575,730 251,728 241,297 82,705 85.6% 140,746 Transfer-Out 4,600 - - 4,600 0.0% -
Capital Outlay Transfers 905,000 527,917 - 377,083 58.3% 420,634 Equipment 30,008 5,021 - 24,987 16.7% 4,870
Appropriated Reserve 10,000 - - 10,000 0.0% -
TOTAL EXPENSES 6,754,248 12,008,122 938,633 4,315,241 64.1% 5,724,239 Revenue Less Expense (661,758) (444,478) (938,633) 1,155,912 19,246 Miscellaneous
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 Month Ended January 31, 2024 ( 58.4% of Fiscal Year)

DOWNTOWN PARKING FUND

Revised YTD Encum- Remaining Percent of Previous
Budget Actual brances Balance Budget YTD

REVENUES
Leases-Commercial/Industrial 5,500,077 3,284,754 - 2,215,323 59.7% 2,485,082 Leases-Terminal 10,778,396 5,776,437 - 5,001,959 53.6% 6,074,015 Leases-Non-Commercial Aviation 4,689,174 2,886,593 - 1,802,581 61.6% 2,469,354 Leases-Commercial Aviation 6,914,542 3,696,868 - 3,217,673 53.5% 3,347,562 Investment Income 467,500 369,829 - 97,671 79.1% 244,556 Grants 437,036 437,036 - - 100.0% -
Service Charges 1,669 - - 1,669 0.0% 1,091
Miscellaneous 155,682 86,059 - 69,623 55.3% 59,982
Operating Transfers-In 1,000,000 460,070 - 539,930 46.0% - TOTAL REVENUES 16,997,647 29,944,075 - 12,946,428 56.8% 14,681,642

EXPENSES
Salaries & Benefits 11,411,379 5,958,122 - 5,453,257 52.2% 5,608,979 Materials, Supplies & Services 13,646,781 7,182,655 2,707,464 3,756,663 72.5% 6,285,285 Special Projects 1,847,707 525,967 451,701 870,040 52.9% 403,081 Transfer-Out 628,167 251,118 - 377,049 40.0% 145,833
Debt Service 1,559,205 909,536 - 649,669 58.3% 905,188
Capital Outlay Transfers 1,676,136 977,746 - 698,390 58.3% 1,183,955 Equipment 258,353 13,596 64,071 180,686 30.1% 43,082
Capitalized Fixed Assets 56,910 - 56,910 - 100.0% -
Other - - 5,000 (5,000) 0.0% -
Appropriated Reserve 131,556 - - 131,556 0.0% -
TOTAL EXPENSES 15,818,740 31,216,194 3,285,145 12,112,309 61.2% 14,575,403 Revenue Less Expense 1,178,907 (1,272,119) (3,285,145) 834,119 106,239 Miscellaneous
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 Month Ended January 31, 2024 ( 58.4% 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 3,918,765 2,519,584 - 1,399,181 64.3% 2,261,557 Investment Income 57,000 57,139 - (139) 100.2% 29,575
Rents & Concessions 231,000 145,971 - 85,029 63.2% 129,151 Miscellaneous - 1,225 - (1,225) 0.0% 369
TOTAL REVENUES 2,723,918 4,206,765 - 1,482,847 64.8% 2,420,652

EXPENSES
Salaries & Benefits 110,567 65,291 - 45,276 59.1% 48,844 Materials, Supplies & Services 3,376,451 1,673,858 1,598,007 104,585 96.9% 1,541,709 Capital Outlay Transfers 301,978 175,000 - 126,978 58.0% 133,000 TOTAL EXPENSES 1,914,149 3,788,996 1,598,007 276,839 92.7% 1,723,716 Revenue Less Expense 809,769 417,769 (1,598,007) 1,206,008 696,936 Miscellaneous
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 Month Ended January 31, 2024 ( 58.4% of Fiscal Year)

GOLF COURSE FUND

Revised YTD Encum- Remaining Percent of Previous
Budget Actual brances Balance Budget YTD

REVENUES
Service Charges 3,645,995 2,048,291 - 1,597,704 56.2% 1,957,601 Work Orders - Bldg Maint. 3,644,723 1,934,742 - 1,709,982 53.1% 2,029,687 Miscellaneous 5,500 - - 5,500 0.0% 89
TOTAL REVENUES 3,983,033 7,296,218 - 3,313,186 54.6% 3,987,377

EXPENSES
Salaries & Benefits 5,150,098 2,376,592 - 2,773,506 46.1% 2,501,084 Materials, Supplies & Services 2,128,986 1,356,945 95,452 676,589 68.2% 1,101,314 Special Projects 299,172 178,367 115,482 5,323 98.2% 221,221 Capital Outlay Transfers 3,598 2,099 - 1,499 58.3% 112,932 Equipment 10,000 2,463 - 7,537 24.6% 2,993
TOTAL EXPENSES 3,916,466 7,591,854 210,934 3,464,455 54.4% 3,939,545 Revenue Less Expense 66,567 (295,636) (210,934) (151,269) 47,832

CITY OF SANTA BARBARA
Interim Statement of Revenues and Expenditures
For Seven Month Ended January 31, 2024 ( 58.4% of Fiscal Year)

FACILITIES MANAGEMENT FUND

Revised YTD Encum- Remaining Percent of Previous
Budget Actual brances Balance Budget YTD

REVENUES
Vehicle Rental Charges 4,963,096 2,989,977 - 1,973,119 60.2% 1,736,657 Investment Income 351,897 307,829 - 44,068 87.5% 162,201 Rents & Concessions 4,380 60,184 - (55,804) 1374.1% 60,184 Miscellaneous 68,000 71,791 - (3,791) 105.6% 119,551
Operating Transfers-In - - - - 0.0% 198,778
TOTAL REVENUES 3,429,781 5,387,373 - 1,957,592 63.7% 2,277,371

EXPENSES
Salaries & Benefits 207,091 99,392 - 107,699 48.0% 105,419 Materials, Supplies & Services 25,316 22,416 - 2,900 88.5% 2,983 Debt Service 606,372 303,186 303,186 1 100.0% 303,186
Capitalized Fixed Assets 6,998,962 927,536 1,364,468 4,706,958 32.7% 424,236 TOTAL EXPENSES 1,352,530 7,837,741 1,667,653 4,817,558 38.5% 835,824 Revenue Less Expense 2,077,251 (2,450,368) (1,667,653) (2,859,966) 1,441,546

CITY OF SANTA BARBARA
Interim Statement of Revenues and Expenditures
For Seven Month Ended January 31, 2024 ( 58.4% of Fiscal Year)

FLEET REPLACEMENT FUND

Revised YTD Encum- Remaining Percent of Previous
Budget Actual brances Balance Budget YTD

REVENUES
Vehicle Maintenance Charges 3,162,732 1,800,434 - 1,362,298 56.9% 1,834,171 Reimbursements 5,000 5,833 - (833) 116.7% 2,917
Miscellaneous 114,602 79,383 - 35,219 69.3% 60,531
TOTAL REVENUES 1,885,651 3,282,335 - 1,396,684 57.4% 1,897,619

EXPENSES
Salaries & Benefits 1,675,980 897,900 - 778,080 53.6% 892,218 Materials, Supplies & Services 1,757,418 1,061,965 242,840 452,614 74.2% 825,757 Special Projects 71,367 36,334 13,989 21,043 70.5% 25,378 Capital Outlay Transfers 1,467 856 - 611 58.3% 856
Equipment 7,884 938 - 6,947 11.9% 873
Capitalized Fixed Assets - - - - #DIV/0! -
Appropriated Reserve 15,000 - - 15,000 0.0% -
TOTAL EXPENSES 1,997,993 3,529,116 256,829 1,274,294 63.9% 1,745,082 Revenue Less Expense (112,342) (246,781) (256,829) 122,390 152,538

CITY OF SANTA BARBARA
Interim Statement of Revenues and Expenditures
For Seven Month Ended January 31, 2024 ( 58.4% of Fiscal Year)

FLEET MAINTENANCE FUND

Revised YTD Encum- Remaining Percent of Previous
Budget Actual brances Balance Budget YTD

REVENUES
Insurance Premiums 11,001,421 6,421,623 - 4,579,798 58.4% 4,467,516 Workers' Compensation Premiums 5,724,102 3,370,243 - 2,353,859 58.9% 2,665,401 OSH Charges 301,269 177,381 - 123,888 58.9% 170,902
Unemployment Insurance Premium 200,000 111,948 - 88,052 56.0% 239,321 Investment Income 27,500 49,066 - (21,566) 178.4% 13,161 Operating Transfers-In 75,825 44,231 - 31,594 58.3% 44,231 TOTAL REVENUES 10,174,492 17,330,117 - 7,155,625 58.7% 7,600,531

EXPENSES
Salaries & Benefits 838,683 492,897 - 345,786 58.8% 477,290 Materials, Supplies & Services 19,229,555 9,373,423 1,133,054 8,723,078 54.6% 6,942,256 Capital Outlay Transfers 409 239 - 170 58.3% 239
Equipment - 456 - (456) 0% 479
TOTAL EXPENSES 9,867,014 20,068,647 1,133,054 9,068,579 54.8% 7,420,264 Revenue Less Expense 307,478 (2,738,530) (1,133,054) (1,912,954) 180,268 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 Month Ended January 31, 2024 ( 58.4% of Fiscal Year)

SELF INSURANCE TRUST FUND

Revised YTD Encum- Remaining Percent of Previous
Budget Actual brances Balance Budget YTD

REVENUES
Service charges 6,208,379 3,604,804 - 2,603,575 58.1% 2,965,726 Operating Transfers-In 329,169 105,285 - 223,884 32.0% - TOTAL REVENUES 3,710,089 6,537,548 - 2,827,459 56.8% 2,965,726

EXPENSES
Salaries & Benefits 3,901,398 2,199,950 - 1,701,448 56.4% 1,635,236 Materials, Supplies & Services 2,559,214 2,026,535 66,991 465,688 81.8% 1,522,937 Special Projects 200 150 - 50 75.0% 632
Capital Outlay Transfers 240,830 140,484 - 100,346 58.3% 65,145 Equipment 13,000 3,631 - 9,369 27.9% 15,353
Appropriated Reserve 3,179 - - 3,179 0.0% -
TOTAL EXPENSES 4,370,750 6,717,821 66,991 2,280,080 66.1% 3,239,303 Revenue Less Expense (660,661) (180,273) (66,991) 547,378 (273,577) from the operating fund is shown in the Capital Transfers.

CITY OF SANTA BARBARA
Interim Statement of Revenues and Expenditures
For Seven Month Ended January 31, 2024 ( 58.4% of Fiscal Year)

INFORMATION TECHNOLOGY FUND
NOTE-These figures reflect the operating fund only. Though the capital fund is excluded, the current year contribution

Revised YTD Encum- Remaining Percent of Previous
Budget Actual brances Balance Budget YTD

REVENUES
Leases - Commercial 2,350,000 1,461,758 - 888,242 62.2% 1,462,711 Leases - Food Service 3,575,000 2,185,566 - 1,389,434 61.1% 2,215,377 Slip Rental Fees 5,578,030 3,316,433 - 2,261,597 59.5% 3,019,678 Visitors Fees 765,000 486,670 - 278,330 63.6% 442,311
Slip Transfer Fees 1,100,000 881,800 - 218,200 80.2% 776,950 Parking Revenue 3,596,500 2,688,096 - 908,404 74.7% 2,331,014 Wharf Parking 325,000 183,945 - 141,055 56.6% 170,550
Other Fees & Charges 272,740 149,325 - 123,415 54.7% 148,820 Investment Income 243,200 217,177 - 26,023 89.3% 134,274 Rents & Concessions 435,000 268,229 - 166,771 61.7% 267,500 Miscellaneous 787,000 507,577 - 279,423 64.5% 540,908
TOTAL REVENUES 12,346,577 19,027,470 - 6,680,893 64.9% 11,522,846

EXPENSES
Salaries & Benefits 8,132,167 4,492,174 - 3,639,993 55.2% 4,434,518 Materials, Supplies & Services 6,987,181 3,737,125 958,589 2,291,468 67.2% 3,082,675 Special Projects 225,565 103,078 0 122,488 45.7% 112,644 Debt Service 2,035,239 1,466,594 - 568,645 72.1% 1,467,316 Capital Outlay Transfers 1,650,000 962,500 - 687,500 58.3% 1,416,667 Equipment 174,040 35,174 10,882 127,983 26.5% 18,402
Capitalized Fixed Assets 21,347 - 13,847 7,500 64.9% -
Other 2,000 1,513 5,000 (4,513) 325.6% 1,513
Appropriated Reserve 100,000 - - 100,000 0.0% -
TOTAL EXPENSES 10,798,158 19,327,539 988,318 7,541,064 61.0% 10,533,733 Revenue Less Expense 1,548,419 (300,069) (988,318) (860,170) 989,113 Miscellaneous
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 Month Ended January 31, 2024 ( 58.4% of Fiscal Year)

WATERFRONT 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 47,660,583 25,383,800 - 22,276,783 53.3% 18,686,314 Investment Income - 38,603 - (38,603) 0.0% -
Grants - 21,060 - (21,060) 0.0% -
TOTAL REVENUES 25,443,463 47,660,583 - 22,217,120 53.4% 18,686,314

EXPENSES
Salaries & Benefits 527,742 250,076 - 277,666 47.4% 102,686 Materials, Supplies & Services 37,149,413 15,035,162.11 2,460,721 19,653,530 47.1% 15,694,433 Special Projects 1,384,649 658,170 8,537 717,942 48.1% 587,082 Debt Service 34,695 - - 34,695 0.0% -
Other 476,606 - - 476,606 0.0% -
TOTAL EXPENSES 15,943,408 39,573,105 2,469,257 21,160,439 46.5% 16,384,200 Revenue Less Expense 9,500,055 8,087,478 (2,469,257) 1,056,681 2,302,113

CITY OF SANTA BARBARA
Interim Statement of Revenues and Expenditures
For Seven Month Ended January 31, 2024 ( 58.4% of Fiscal Year)

SANTA BARBARA CLEAN ENERGY FUND

CITY OF SANTA BARBARA

COUNCIL AGENDA REPORT
AGENDA DATE: March 19, 2024
TO: Mayor and Councilmembers
FROM: Treasury Division, Finance Department
SUBJECT: February 2024 Investment Report
RECOMMENDATION:

That Council accept the February 2024 Investment Report.

DISCUSSION:

The attached investment report includes Investment Activity, Interest Revenue, a Summary of Cash and Investments, and Investment Portfolio detail as of February 29, 2024.

ATTACHMENTS: 1. February 2024 Investment Report

2. February 2024 Clean Energy CCE Report
PREPARED BY: Salvatore Parrilla, Treasury Analyst
SUBMITTED BY: Lyndsay Maas, Assistant Finance Director
APPROVED BY: City Administrator's Office
Agenda Item No. 11
File Code No. 260.02

INVESTMENT ACTIVITY INVESTMENT INCOME

PURCHASES OR DEPOSITS POOLED INVESTMENTS
2/9 USTN 3,000,000 $ Interest Earned on Investments 805,025 $ 2/9 USTN 2,000,000 Amortization 24,786 2/9 USTN 2,000,0002/9 USTN 2,000,000
2/23 USTN 2,000,0002/23 USTN 2,000,000
Total 13,000,000 $ Total 829,811 $

SALES, MATURITIES, CALLS OR WITHDRAWALS
2/8 FHLB (2,000,000) $
2/12 FAMCA (2,000,000)2/29 USTN (2,000,000)
Total (6,000,000) $
ACTIVITY TOTAL 7,000,000 $ INCOME TOTAL 829,811 $

CITY OF SANTA BARBARA
Activity and Interest Report
February 29, 2024
ATTACHMENT 1
1 ENDING BALANCE AS OF January 31, 2024
Yield to Percent Average
Book Maturity of Days to
Description Value (365 days) Portfolio MaturityUS Bank Checking Account 28,805,391 $ 0.750% 7.80% 1 (1) State of California Local Agency Investment Fund (LAIF) 75,000,000 4.012% 20.31% 1 (2)Treasury Securities - Coupon 67,565,322 2.423% 18.30% 876Federal Agency Issues - Coupon 175,943,882 2.561% 47.64% 761Corporate/Medium Term Notes 6,999,090 1.352% 1.90% 488Supranationals Obligations 14,988,321 1.745% 4.06% 820

2.633% 100.00% 566 369,302,007
Totals and Averages $ 2.633% 100.00% 566 369,302,007
Total Cash and Investments 369,302,007 $
NET CASH AND INVESTMENT ACTIVITY FOR February 2024 2,496,662 $ ENDING BALANCE AS OF Febuary 29, 2024 Yield to Percent Average
Book Maturity of Days to
Description Value (365 days) Portfolio MaturityUS Bank Checking Account 24,555,387 $ 0.750% 6.60% 1 (1) State of California Local Agency Investment Fund (LAIF) 75,000,000 4.122% 20.17% 1 (2)Treasury Securities - Coupon 78,308,810 2.743% 21.06% 945Federal Agency Issues - Coupon 171,946,384 2.545% 46.25% 750Corporate/Medium Term Notes 6,999,218 1.352% 1.88% 459Supranationals Obligations 14,988,869 1.745% 4.03% 791

2.732% 100.00% 587 371,798,668
Totals and Averages $ 2.732% 100.00% 587 371,798,668
Total Cash and Investments 371,798,668 $
Note: (1) Earnings Credit Rate (ECR) is provided at the rate of 0.750% by US Bank to help offset banking fees. (2) The average life of the LAIF portfolio as of Feb 29, 2024 is 218 days.

CITY OF SANTA BARBARA
Summary of Cash and Investments
February 29, 2024
2 PURCHASE MATURITY STATED YIELD AT FACE BOOK MARKET BOOK DESCRIPTION DATE DATE MOODY'S S & P RATE 365 VALUE VALUE VALUE GAIN/(LOSS) COMMENTS LOCAL AGENCY INVESTMENT FUNDSLOCAL AGENCY INVESTMENT FUND - - - - 4.122 4.122 75,000,000.00 75,000,000.00 75,000,000.00 0.00 Subtotal, LAIF 75,000,000.00 75,000,000.00 75,000,000.00 0.00TREASURY SECURITIES - COUPONU S TREASURY NOTE 05/03/19 04/30/24 Aaa AA+ 2.250 2.342 2,000,000.00 1,999,716.35 1,989,840.00 (9,876.35)U S TREASURY NOTE 02/12/21 07/31/25 Aaa AA+ 0.250 0.380 3,000,000.00 2,994,536.12 2,813,190.00 (181,346.12)U S TREASURY NOTE 06/02/21 05/31/25 Aaa AA+ 0.250 0.553 2,000,000.00 1,992,527.46 1,887,900.00 (104,627.46)U S TREASURY NOTE 06/02/21 12/31/25 Aaa AA+ 0.375 0.700 2,000,000.00 1,988,293.34 1,850,320.00 (137,973.34)U S TREASURY NOTE 09/03/21 06/30/25 Aaa AA+ 0.250 0.575 2,000,000.00 1,991,459.75 1,882,040.00 (109,419.75)U S TREASURY NOTE 09/24/21 04/30/25 Aaa AA+ 0.375 0.663 2,000,000.00 1,993,379.59 1,897,580.00 (95,799.59)U S TREASURY NOTE 09/24/21 05/31/26 Aaa AA+ 0.750 0.878 2,000,000.00 1,994,373.63 1,838,600.00 (155,773.63)U S TREASURY NOTE 09/24/21 07/31/26 Aaa AA+ 0.625 0.900 2,000,000.00 1,987,026.63 1,823,440.00 (163,586.63)U S TREASURY NOTE 10/08/21 08/31/26 Aaa AA+ 0.750 1.004 2,000,000.00 1,987,633.27 1,824,380.00 (163,253.27)U S TREASURY NOTE 10/08/21 09/30/26 Aaa AA+ 0.875 1.015 2,000,000.00 1,992,948.90 1,826,560.00 (166,388.90)U S TREASURY NOTE 01/18/22 04/15/24 Aaa AA+ 0.375 1.040 3,000,000.00 2,997,577.03 2,981,580.00 (15,997.03)U S TREASURY NOTE 01/12/22 04/30/26 Aaa AA+ 0.750 1.450 3,000,000.00 2,956,100.62 2,765,730.00 (190,370.62)U S TREASURY NOTE 01/18/22 01/15/25 Aaa AA+ 1.125 1.210 3,000,000.00 2,997,812.41 2,899,230.00 (98,582.41)U S TREASURY NOTE 02/28/22 11/30/26 Aaa AA+ 1.625 1.863 2,000,000.00 1,987,529.52 1,855,000.00 (132,529.52)U S TREASURY NOTE 03/15/22 03/15/25 Aaa AA+ 1.750 1.827 3,000,000.00 2,997,678.37 2,900,730.00 (96,948.37)U S TREASURY NOTE 03/17/22 05/31/24 Aaa AA+ 2.000 2.006 2,000,000.00 1,999,968.16 1,983,520.00 (16,448.16)U S TREASURY NOTE 03/17/22 12/31/26 Aaa AA+ 1.750 2.170 2,000,000.00 1,977,499.69 1,858,200.00 (119,299.69)U S TREASURY NOTE 06/28/23 10/31/27 Aaa AA+ 4.125 4.124 2,000,000.00 2,000,000.00 1,983,600.00 (16,400.00)U S TREASURY NOTE 06/28/23 02/29/28 Aaa AA+ 4.000 4.058 2,000,000.00 1,995,723.49 1,975,400.00 (20,323.49)U S TREASURY NOTE 09/27/23 07/31/24 Aaa AA+ 3.000 5.456 2,000,000.00 1,980,259.74 1,981,260.00 1,000.26U S TREASURY NOTE 09/27/23 07/31/25 Aaa AA+ 4.750 5.160 2,000,000.00 1,988,957.10 1,997,420.00 8,462.90U S TREASURY NOTE 01/25/24 12/31/28 Aaa AA+ 3.750 4.042 3,000,000.00 2,961,871.01 2,931,810.00 (30,061.01)U S TREASURY NOTE 01/25/24 04/30/28 Aaa AA+ 3.500 4.060 2,000,000.00 1,957,490.50 1,938,040.00 (19,450.50)U S TREASURY NOTE 01/25/24 07/31/28 Aaa AA+ 4.125 4.060 3,000,000.00 3,007,776.44 2,979,030.00 (28,746.44)U S TREASURY NOTE 01/25/24 05/31/28 Aaa AA+ 3.625 4.065 2,000,000.00 1,965,969.37 1,946,960.00 (19,009.37)U S TREASURY NOTE 01/25/24 03/31/28 Aaa AA+ 3.625 4.070 2,000,000.00 1,966,821.10 1,947,740.00 (19,081.10)U S TREASURY NOTE 01/25/24 01/31/28 Aaa AA+ 3.500 4.080 2,000,000.00 1,958,459.06 1,939,920.00 (18,539.06)U S TREASURY NOTE 01/25/24 12/31/27 Aaa AA+ 3.875 4.083 3,000,000.00 2,978,064.07 2,949,840.00 (28,224.07)U S TREASURY NOTE 01/25/24 11/30/27 Aaa AA+ 3.875 4.095 2,000,000.00 1,984,780.23 1,966,800.00 (17,980.23)U S TREASURY NOTE 02/09/24 07/15/26 Aaa AA+ 4.500 4.300 2,000,000.00 2,008,865.03 1,998,600.00 (10,265.03)U S TREASURY NOTE 02/09/24 04/30/27 Aaa AA+ 2.750 4.193 2,000,000.00 1,915,290.18 1,903,040.00 (12,250.18)U S TREASURY NOTE 02/09/24 08/31/27 Aaa AA+ 3.125 4.168 2,000,000.00 1,932,822.60 1,919,140.00 (13,682.60)U S TREASURY NOTE 02/09/24 07/31/27 Aaa AA+ 2.750 4.190 3,000,000.00 2,863,900.77 2,845,770.00 (18,130.77)U S TREASURY NOTE 02/23/24 08/31/28 Aaa AA+ 4.375 4.350 2,000,000.00 2,001,991.52 2,006,400.00 4,408.48U S TREASURY NOTE 02/23/24 11/30/28 Aaa AA+ 4.375 4.330 2,000,000.00 2,003,707.04 2,008,440.00 4,732.96 Subtotal, Treasury Securities 79,000,000.00 78,308,810.09 76,097,050.00 (2,211,760.09)FEDERAL AGENCY ISSUES - COUPONFED AGRICULTURAL MTG CORP 03/02/21 09/22/25 - - 0.480 0.540 3,000,000.00 3,000,000.00 2,807,550.00 (192,450.00) Callable 03/22/24, Q FED AGRICULTURAL MTG CORP 06/09/22 08/20/24 - - 2.910 2.911 3,000,000.00 3,000,000.00 2,968,560.00 (31,440.00) Callable 03/09/24, QFED AGRICULTURAL MTG CORP 05/15/23 05/15/26 - - 3.625 3.625 2,000,000.00 2,000,000.00 1,962,340.00 (37,660.00) FED AGRICULTURAL MTG CORP 05/19/23 05/19/27 - - 4.100 4.100 2,000,000.00 2,000,000.00 1,955,120.00 (44,880.00) Callable 05/19/25, 1x FEDERAL FARM CREDIT BANK 06/15/21 06/15/26 Aaa AA+ 0.900 0.900 2,000,000.00 2,000,000.00 1,834,740.00 (165,260.00) Callable, PFEDERAL FARM CREDIT BANK 05/06/21 05/06/25 Aaa AA+ 0.710 0.710 2,000,000.00 2,000,000.00 1,903,840.00 (96,160.00) Callable, P

QUALITY RATING

CITY OF SANTA BARBARA
Investment Portfolio
February 29, 2024
3 PURCHASE MATURITY STATED YIELD AT FACE BOOK MARKET BOOK DESCRIPTION DATE DATE MOODY'S S & P RATE 365 VALUE VALUE VALUE GAIN/(LOSS) COMMENTS

QUALITY RATING

CITY OF SANTA BARBARA
Investment Portfolio
February 29, 2024
FEDERAL FARM CREDIT BANK 09/08/21 09/08/26 Aaa AA+ 0.870 0.870 2,000,000.00 2,000,000.00 1,817,480.00 (182,520.00) Callable, P FEDERAL FARM CREDIT BANK 12/16/21 07/02/24 Aaa AA+ 0.570 0.873 3,000,000.00 2,996,988.21 2,950,650.00 (46,338.21) Callable, PFEDERAL FARM CREDIT BANK 12/23/21 06/23/25 Aaa AA+ 1.170 1.170 3,000,000.00 3,000,000.00 2,862,750.00 (137,250.00) Callable, PFEDERAL FARM CREDIT BANK 12/22/21 06/22/26 Aaa AA+ 1.390 1.390 3,000,000.00 3,000,000.00 2,782,350.00 (217,650.00) Callable, PFEDERAL FARM CREDIT BANK 01/27/22 01/26/27 Aaa AA+ 1.780 1.780 3,000,000.00 3,000,000.00 2,771,730.00 (228,270.00) Callable, PFEDERAL FARM CREDIT BANK 02/16/22 02/16/27 Aaa AA+ 2.180 2.180 3,000,000.00 3,000,000.00 2,803,530.00 (196,470.00) Callable, PFEDERAL FARM CREDIT BANK 08/30/22 02/25/26 Aaa AA+ 3.320 3.470 3,000,000.00 2,991,654.99 2,927,460.00 (64,194.99) FEDERAL FARM CREDIT BANK 05/26/22 05/26/26 Aaa AA+ 3.375 3.375 3,000,000.00 3,000,000.00 2,908,020.00 (91,980.00) Callable, P FEDERAL FARM CREDIT BANK 10/19/22 10/19/26 Aaa AA+ 4.250 4.264 3,000,000.00 2,999,012.50 2,973,090.00 (25,922.50) FEDERAL FARM CREDIT BANK 11/29/22 11/18/24 Aaa AA+ 4.500 4.650 3,000,000.00 2,996,955.15 2,985,150.00 (11,805.15)FEDERAL FARM CREDIT BANK 03/29/23 03/29/27 Aaa AA+ 4.000 4.000 2,000,000.00 2,000,000.00 1,973,800.00 (26,200.00)FEDERAL FARM CREDIT BANK 04/05/23 04/05/27 Aaa AA+ 5.270 5.270 2,000,000.00 2,000,000.00 1,985,840.00 (14,160.00) Callable 04/05/24, P FEDERAL FARM CREDIT BANK 05/09/23 05/09/28 Aaa AA+ 5.020 5.020 2,000,000.00 2,000,000.00 1,984,380.00 (15,620.00) Callable 05/09/24, PFEDERAL FARM CREDIT BANK 06/30/23 06/30/28 Aaa AA+ 5.000 5.000 2,000,000.00 2,000,000.00 2,002,940.00 2,940.00 Callable 06/30/25, PFEDERAL FARM CREDIT BANK 08/25/23 07/17/26 Aaa AA+ 4.625 4.750 2,000,000.00 1,994,430.25 2,001,280.00 6,849.75 FEDERAL FARM CREDIT BANK 08/30/23 06/23/26 Aaa AA+ 4.820 5.068 2,000,000.00 1,989,322.80 1,988,440.00 (882.80) Callable 06/23/25, P FEDERAL FARM CREDIT BANK 11/29/23 11/24/27 Aaa AA+ 5.120 5.120 2,000,000.00 2,000,000.00 1,985,840.00 (14,160.00) Callable 11/24/25, PFEDERAL FARM CREDIT BANK 12/06/23 12/06/27 Aaa AA+ 5.380 5.380 2,000,000.00 2,000,000.00 1,981,060.00 (18,940.00) Callable 12/06/24, PFEDERAL HOME LOAN BANK 01/28/21 01/28/26 Aaa AA+ 0.580 0.580 3,000,000.00 3,000,000.00 2,773,440.00 (226,560.00) Callable 04/28/24, QFEDERAL HOME LOAN BANK 01/28/21 01/28/26 Aaa AA+ 0.700 0.610 3,000,000.00 3,000,000.00 2,782,410.00 (217,590.00) FEDERAL HOME LOAN BANK 01/28/21 01/28/26 Aaa AA+ 0.750 0.650 3,000,000.00 3,000,000.00 2,792,850.00 (207,150.00)FEDERAL HOME LOAN BANK 02/25/21 11/25/25 Aaa AA+ 0.500 0.500 3,000,000.00 3,000,000.00 2,781,840.00 (218,160.00) Callable 02/25/25, A FEDERAL HOME LOAN BANK 03/16/21 03/16/26 Aaa AA+ 1.000 0.800 2,000,000.00 2,000,000.00 1,861,960.00 (138,040.00) FEDERAL HOME LOAN BANK 05/20/21 05/20/26 Aaa AA+ 1.000 1.000 2,000,000.00 2,000,000.00 1,843,560.00 (156,440.00) Callable 05/20/24, Q FEDERAL HOME LOAN BANK 05/26/21 12/26/25 Aaa AA+ 0.900 0.900 3,000,000.00 3,000,000.00 2,794,440.00 (205,560.00) Callable 11/26/23, QFEDERAL HOME LOAN BANK 05/26/21 11/26/24 Aaa AA+ 0.550 0.550 2,000,000.00 2,000,000.00 1,933,480.00 (66,520.00) Callable 11/26/23, QFEDERAL HOME LOAN BANK 06/10/21 06/10/25 Aaa AA+ 0.690 0.690 2,000,000.00 2,000,000.00 1,899,120.00 (100,880.00) Callable 03/10/24, QFEDERAL HOME LOAN BANK 06/10/21 06/10/26 Aaa AA+ 1.000 1.000 2,000,000.00 2,000,000.00 1,840,200.00 (159,800.00) Callable 03/10/24, QFEDERAL HOME LOAN BANK 06/28/21 03/28/25 Aaa AA+ 0.600 0.600 2,000,000.00 2,000,000.00 1,908,960.00 (91,040.00) Callable 03/28/24, QFEDERAL HOME LOAN BANK 09/23/21 10/23/24 Aaa AA+ 0.470 0.470 2,000,000.00 2,000,000.00 1,939,920.00 (60,080.00) Callable 03/23/24, QFEDERAL HOME LOAN BANK 09/28/21 03/28/25 Aaa AA+ 0.600 0.600 2,000,000.00 2,000,000.00 1,908,960.00 (91,040.00) Callable 03/28/24, QFEDERAL HOME LOAN BANK 09/28/21 09/28/26 Aaa AA+ 0.900 0.900 2,000,000.00 2,000,000.00 1,815,200.00 (184,800.00) Callable 03/28/24, QFEDERAL HOME LOAN BANK 10/28/21 10/28/26 Aaa AA+ 1.250 1.125 2,000,000.00 2,000,000.00 1,837,400.00 (162,600.00) FEDERAL HOME LOAN BANK 12/28/21 06/28/24 Aaa AA+ 0.920 0.920 3,000,000.00 3,000,000.00 2,956,500.00 (43,500.00) Callable 03/28/24, Q FEDERAL HOME LOAN BANK 12/28/21 02/28/25 Aaa AA+ 1.125 1.125 3,000,000.00 3,000,000.00 2,884,830.00 (115,170.00) Callable 03/28/24, QFEDERAL HOME LOAN BANK 12/30/21 12/30/24 Aaa AA+ 1.000 1.000 3,000,000.00 3,000,000.00 2,899,830.00 (100,170.00) Callable, PFEDERAL HOME LOAN BANK 01/26/22 01/26/27 Aaa AA+ 2.250 1.800 3,000,000.00 3,000,000.00 2,815,860.00 (184,140.00) FEDERAL HOME LOAN BANK 02/28/22 05/28/24 Aaa AA+ 1.450 1.450 3,000,000.00 3,000,000.00 2,970,990.00 (29,010.00)FEDERAL HOME LOAN BANK 03/29/22 03/29/27 Aaa AA+ 2.375 2.375 3,000,000.00 3,000,000.00 2,813,910.00 (186,090.00) Callable 03/29/24, Q FEDERAL HOME LOAN BANK 04/21/22 04/21/26 Aaa AA+ 3.000 3.000 2,000,000.00 2,000,000.00 1,923,180.00 (76,820.00) Callable 04/21/24, AFEDERAL HOME LOAN BANK 04/25/22 04/25/25 Aaa AA+ 2.750 2.750 2,000,000.00 2,000,000.00 1,949,320.00 (50,680.00) FEDERAL HOME LOAN BANK 03/23/23 03/13/26 Aaa AA+ 4.125 4.137 2,000,000.00 1,999,411.66 1,978,300.00 (21,111.66)FEDERAL HOME LOAN BANK 06/26/23 06/09/28 Aaa AA+ 4.000 4.071 2,000,000.00 1,994,479.42 1,976,120.00 (18,359.42)FEDERAL HOME LOAN BANK 06/28/23 06/28/27 Aaa AA+ 5.300 5.300 2,000,000.00 2,000,000.00 1,992,300.00 (7,700.00) Callable 06/28/24, 1x FEDERAL HOME LOAN BANK 08/24/23 09/10/27 Aaa AA+ 4.500 4.511 2,000,000.00 1,999,233.02 2,002,040.00 2,806.98 FEDERAL HOME LOAN BANK 11/29/23 11/17/26 Aaa AA+ 4.625 4.535 2,000,000.00 2,004,477.90 2,008,460.00 3,982.10FEDERAL HOME LOAN MTG CORP 11/25/20 11/25/25 Aaa AA+ 0.625 0.625 3,000,000.00 3,000,000.00 2,793,000.00 (207,000.00) Callable 11/25/24, A FEDERAL HOME LOAN MTG CORP 09/09/20 12/09/24 Aaa AA+ 0.500 0.500 3,000,000.00 3,000,000.00 2,895,510.00 (104,490.00) Callable 03/09/24, QFEDERAL HOME LOAN MTG CORP 06/22/22 03/22/24 Aaa AA+ 2.750 2.751 4,000,000.00 4,000,000.00 3,993,560.00 (6,440.00) 4 PURCHASE MATURITY STATED YIELD AT FACE BOOK MARKET BOOK DESCRIPTION DATE DATE MOODY'S S & P RATE 365 VALUE VALUE VALUE GAIN/(LOSS) COMMENTS

QUALITY RATING

CITY OF SANTA BARBARA
Investment Portfolio
February 29, 2024
FEDERAL HOME LOAN MTG CORP 06/23/22 06/23/27 Aaa AA+ 3.500 3.500 3,000,000.00 3,000,000.00 2,862,000.00 (138,000.00) Callable 03/23/24, Q FEDERAL HOME LOAN MTG CORP 06/28/22 06/28/24 Aaa AA+ 3.050 3.050 4,000,000.00 4,000,000.00 3,969,600.00 (30,400.00) Callable 03/28/24, QFEDERAL HOME LOAN MTG CORP 09/29/22 09/29/27 Aaa AA+ 4.750 4.750 3,000,000.00 3,000,000.00 2,975,370.00 (24,630.00) Callable 03/29/24, QFEDERAL HOME LOAN MTG CORP 09/19/22 09/19/24 Aaa AA+ 3.700 3.700 3,000,000.00 3,000,000.00 2,976,960.00 (23,040.00) FEDERAL HOME LOAN MTG CORP 11/22/22 11/22/27 Aaa AA+ 5.125 5.125 3,000,000.00 3,000,000.00 2,984,190.00 (15,810.00) Callable 11/22/24, 1x FEDERAL HOME LOAN MTG CORP 11/30/22 08/28/24 Aaa AA+ 5.000 5.005 3,000,000.00 3,000,000.00 2,998,020.00 (1,980.00) FEDERAL HOME LOAN MTG CORP 04/12/23 07/12/27 Aaa AA+ 4.750 4.703 2,000,000.00 2,000,000.00 1,974,180.00 (25,820.00) Callable 07/12/24, A FEDERAL HOME LOAN MTG CORP 08/30/23 07/26/28 Aaa AA+ 5.650 5.684 2,000,000.00 1,997,307.47 1,997,520.00 212.53 Callable 07/26/24, QFEDERAL HOME LOAN MTG CORP 10/19/23 07/18/28 Aaa AA+ 5.000 5.212 2,000,000.00 1,983,851.67 2,011,700.00 27,848.33 Callable 07/18/25, 1xFEDERAL HOME LOAN MTG CORP 10/19/23 10/17/28 Aaa AA+ 6.000 6.009 2,000,000.00 1,999,258.73 2,004,940.00 FEDERAL HOME LOAN MTG CORP 12/04/23 12/04/28 Aaa AA+ 5.550 5.550 2,000,000.00 2,000,000.00 2,003,480.00FEDERAL NATL MORTGAGE ASSN 08/26/20 08/26/25 Aaa AA+ 0.600 0.600 4,000,000.00 4,000,000.00 3,758,640.00FEDERAL NATL MORTGAGE ASSN 11/17/20 05/17/24 Aaa AA+ 0.375 0.375 3,000,000.00 3,000,000.00 2,967,240.00 5,681.27 Callable 07/17/24, Q
3,480.00 Callable 12/04/24, A
(241,360.00) Callable 05/26/24, Q
(32,760.00) Callable 11/17/23, Q
Subtotal, Federal Agencies 172,000,000.00 171,946,383.77 166,169,230.00 (5,777,153.77) SUPRANATIONAL OBLIGATIONSINTERNATIONAL BANK FOR RECONST 01/22/21 10/28/25 Aaa AAA 0.500 0.500 3,000,000.00 3,000,000.00 2,795,430.00 (204,570.00)INTERNATIONAL BANK FOR RECONST 09/09/22 09/09/27 Aaa AAA 4.000 4.000 3,000,000.00 3,000,000.00 2,881,020.00 (118,980.00) Callable 09/09/24, A INTERNATIONAL BANK FOR RECONST 06/26/23 06/26/28 Aaa AAA 4.500 4.528 2,000,000.00 1,997,840.28 1,975,720.00 (22,120.28) Callable 06/26/26, 1xINTERNATIONAL FINANCE CORP 02/22/21 08/22/24 Aaa AAA 0.250 0.255 3,000,000.00 2,999,930.79 2,926,290.00 (73,640.79) INTERNATIONAL FINANCE CORP 03/23/21 03/23/26 Aaa AAA 0.750 0.805 2,000,000.00 1,997,774.00 1,833,220.00 (164,554.00)INTERNATIONAL FINANCE CORP 06/03/21 07/16/25 Aaa AAA 0.375 0.621 2,000,000.00 1,993,324.34 1,880,400.00 (112,924.34) Subtotal, Supranationals 15,000,000.00 14,988,869.41 14,292,080.00 (696,789.41)CORPORATE/MEDIUM TERM NOTESAPPLE INC 09/11/19 09/11/24 Aaa AA+ 1.800 1.903 2,000,000.00 1,998,967.67 1,964,560.00 (34,407.67)APPLE INC 02/17/21 02/08/26 Aaa AA+ 0.700 0.705 3,000,000.00 2,999,708.12 2,773,260.00 (226,448.12)TOYOTA MOTOR CREDIT 03/16/20 02/13/25 A1 A 1.800 1.770 2,000,000.00 2,000,541.94 1,934,780.00 (65,761.94) Subtotal, Corporate Securities 7,000,000.00 6,999,217.73 6,672,600.00 (326,617.73)CHECKING ACCOUNTUS BANK CHKNG ACCNT - - - - 0.750 0.750 24,555,387.30 24,555,387.30 24,555,387.30 0.00 Subtotal, Checking Account 24,555,387.30 24,555,387.30 24,555,387.30 0.00TOTALS 372,555,387.30 371,798,668.30 362,786,347.30 (9,012,321.00) Market values have been obtained from the City's safekeeping agent, US Bank. 5 2.73%

4.64%

5.45%

4.12%

0.00.51.01.52.02.53.03.54.04.55.05.56.0 Feb'23 Mar'23 Apr'23 May'23 Jun'23 Jul'23 Aug'23 Sep'23 Oct'23 Nov'23 Dec'23 Jan'24 Feb'24 Yield ‐ %
INVESTMENT YIELDS (1‐Yr Period)
City Portfolio 2‐yr Treasury 3‐mo Treasury LAIF

2.73%

4.64%

5.45%

4.12%

0.00.51.01.52.02.53.03.54.04.55.05.56.0 Feb'20 Feb'21 Feb'22 Feb'23 Feb'24 Yield ‐ %
INVESTMENT YIELDS (5‐yr Period)
City Portfolio 2‐yr Treasury 3‐mo Treasury LAIF
ENDING BALANCE AS OF February 29, 2024
Book
Description Value
River City Bank Lockbox Account 4,704,838 $ River City Bank ICS (Investment Account) 13,670,366Total Cash and Investments 18,375,203 $ February 29, 2024
ATTACHMENT 2

COMMUNITY CHOICE ENERGY (CCE)

CITY OF SANTA BARBARA
Summary of Cash and Investments
2 CITY OF SANTA BARBARA

COUNCIL AGENDA REPORT
AGENDA DATE: March 19, 2024
TO: Mayor and Councilmembers
FROM: Housing and Human Services Division, Community Development Department
SUBJECT: Community Development and Human Services Committee Funding Recommendations and Fiscal Year 2025 Action Plan Public Hearing RECOMMENDATION: That Council:

A. Approve the Fiscal Year 2025 funding recommendations of the Community Development and Human Services Committee (CDHSC) to continue a second year of grant funding for the Human Service and Public Service grants; B. Approve the Fiscal Year 2025 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 and amendments implementing the funding recommendations, subject to 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 2025.

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. In March 2023, Council established a two-year funding cycle for Human Service and Public Service grant awards. The CDHSC is recommending continued appropriation of general funds for the second year of Human Service and Public Service grants.

CDHSC received eight funding requests for CDBG Capital and Economic Development Projects, totaling approximately $1.1 million. After an extensive review of each Agenda Item No. 12
File Code No. 610.03
Council Agenda Report
Community Development and Human Services Committee Funding Recommendations and Fiscal Year 2025 Action Plan Public Hearing
March 19, 2024

application, the Committee is recommending funding for seven 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 housing and community development needs. At least two public hearings must be held during its development, and this Council meeting will serve as the second public hearing.

DISCUSSION:

Each year, the City of Santa Barbara receives CDBG funds for activities that meet one of three national statutory objectives: 1) primarily benefit low- and moderate-income persons, 2) eliminate/prevent slums or blight, or 3) meet other urgent local community development needs.

CDBG funds may be used to provide decent housing, a suitable living environment, or expanded economic opportunities to 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.

CDHSC is recommending funding for seven CDBG Capital and Economic Development grant awards for fiscal year 2025. The Committee has reviewed the six-month performance reports and conducted site visits of the Fiscal Year 2024 Human Service/Public Service grantees and recommends that Council appropriate funding in the amount of $726,150 from the general fund and continue the funding awarded for the current Human Service/Public Service grant for the second grant year.

At the time the recommendations were developed, the City had not been notified of its Fiscal Year 2024–2025 CDBG allocation, so the recommended grant amounts were based on the Fiscal Year 2023–2024 CDBG allocation. Prior-year unexpended CDBG funds and program income were also available. A contingency plan was developed in the event of reduced or increased CDBG funds, which is explained further in this report.

Consolidated Plan Priorities and Goals
Every five years the City of Santa Barbara establishes its priorities and goals in a Consolidated Plan. Outlined in the City’s current Consolidated Plan are the following four goals: Homeless Assistance, Public Facilities and Infrastructure, Decent Housing Availability, and Economic Development.

Fiscal Year 2025 CDBG Funding Priorities
In addition to the Consolidated Plan Priorities and Goals, on October 17, 2023, Council Council Agenda Report
Community Development and Human Services Committee Funding Recommendations and Fiscal Year 2025 Action Plan Public Hearing
March 19, 2024

adopted the following priorities for CDBG capital and economic development projects for the 2025 fiscal year:
• Childcare – Projects that expand and develop new or existing childcare facilities; • Homeless – Projects that serve the homeless; and
• Families and Children – Projects that serve families and children.

Funding Process
Advance notice of funding availability was emailed to all agencies that had either communicated an interest in applying, applied for funding in the past two years, or received a current grant. Additionally, an advertisement was published in The Voice SB and posted on the home page of the City of Santa Barbara’s website and Facebook page, and a press release was issued 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.

The grant application period opened on November 2, 2023. A mandatory Application Workshop for prospective applicants was held on November 9, 2023. Staff assisted 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.

Eight CDBG Capital and Economic Development applications were submitted by the December 7, 2023 deadline. The total requested funding equaled approximately $1.1 million, which exceeded the available funding for Public/Human Service programs and Capital projects by more than $500,000.

The application review process was a significant undertaking that spanned January and February 2024. 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 one night interviewing applicants, followed by a second meeting to deliberate on the requests before the members calculated their individual scores.

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 Funding Recommendations and Fiscal Year 2025 Action Plan Public Hearing
March 19, 2024

held on February 20, 2024, to allow Committee members to publicly confirm their individual scores.

Applicants’ average scores were determined using the Olympic method. Under this system, individual committee member scores are tallied, with the highest and lowest scores/amounts removed, and the resulting amount is then divided by the remaining number of members who entered a score.

A three-member CDHSC subcommittee was tasked with finalizing the recommended funding amount for each application using the full committee’s average recommended amount as a starting point, while considering other important factors, such as feasibility.

The full Committee approved the final recommendations on February 27, 2024.

Recommendations
The CDHSC is recommending seven Capital and Economic Development proposals for funding, included as Attachment 1. The CDHSC is also recommending continuation of the 2024 fiscal year Public/Human Services grants for a second year. A complete list of the Public/Human Services grants is included as Attachment 2.

A detailed description of the application process, including funding criteria and priorities, and a list 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.

With Council’s approval, the Community Development Director will negotiate and execute grant agreements and amendments implementing the funding recommendations. Grant agreements and amendments have been included as Attachments 3–7.

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 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 2024– 2025 AAP is the fifth program year of the five-year plan and incorporates the Fiscal Year 2025 funding recommendations described in this report.

HUD requires that at least two public hearings are held during development of the AAP; this Council meeting will be the second public hearing. The first public hearing was held on September 26, 2023, before the CDHSC. Comments received during this Council Council Agenda Report
Community Development and Human Services Committee Funding Recommendations and Fiscal Year 2025 Action Plan Public Hearing
March 19, 2024

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 26, 2024, 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 26, 2024.

BUDGET/FINANCIAL INFORMATION:

The recommendations in this report are based on the combined amounts of $726,150 in City Human Services funds, $876,711 in CDBG entitlement funds, $30,913 in prior-year unexpended CDBG funds, and $60,000 in CDBG Program Income funds for administration. The total amount available is estimated at $1,693,774.

Of the total $1,693,774, the following is available in each funding category:
• Public/Human Service: $857,653
• Capital/Economic Development: $600,779
• CDBG Administration/Fair Housing: $235,342
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 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 applicants who did not previously receive 100 percent of their original grant request.
• Capital/Economic Development – The excess available funds will be added to WeeCare’s grant. If increased funding is more than $16,000, 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 amount will be divided equally among all applicants. 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.

Council Agenda Report
Community Development and Human Services Committee Funding Recommendations and Fiscal Year 2025 Action Plan Public Hearing
March 19, 2024

• Capital/Economic Development – The decrease in available funds will be taken from the amount of funds granted to WeeCare. If the deficit is greater than $16,000, the committee will reconvene to make a revised recommendation.

Copies of the Human Services and Community Development Block Grant agreements are attached.

ATTACHMENTS:

1. CDBG Capital and Economic Development Year 2024–2025 Funding Recommendations

2. Human Service/Public Service Fiscal Year 2024–2025 Recommendations

3. Human Services Grant Amendment Template

4. CDBG Public Services Grant Agreement Templates

5. CDBG Capital Grant Agreement Templates

6. CDBG Economic Development Grant Agreement Template

7. CDBG Homeowner Rehab Grant Agreement Template
PREPARED BY: Laura Dubbels, Housing and Human Services Manager SUBMITTED BY: Elias Isaacson, Community Development Director APPROVED BY: City Administrator’s Office
FY2024‐2025 CAPITAL AND ECONOMIC DEVELOPMENT RECOMMENDATIONS Organization Name Project/Program Name Consolidated Plan Priority Persons Served Score Request Recommend Family Service Agency Expanding Direct Service Space Public Facilities and Infrastructure Families 93.75 24,948.00 $     24,948.00 $            Alice Keck Park  Memorial Garden Safety Improvements Public Facilities and Infrastructure Public 92.67 265,000.00 $   265,000.00 $          Unity Shoppe Unity Shoppe Public Facilities and Infrastructure Youth/Families/Seniors 88.75 25,620.00 $     25,620.00 $            Sanctuary Centers  Arlington Apartments Solar Decent Housing Availability Homeless 88.50 108,683.45 $   108,683.45 $          Sanctuary Centers Hollister Apartment Rehabilitation Decent Housing Availability Homeless 88.00 50,207.75 $     50,207.75 $            Habitat for Humanity Home Repair Program Decent Housing Availability Seniors 84.00 60,000.00 $     60,000.00 $            The Turner Foundation Village Apartment Repairs and Renovations Decent Housing Availability Youth/Families/Seniors 72.75 338,000.00 $   ‐ $WeeCare Upwards Economic Development Microbusinesses/Children 65.25 240,000.00 $   $            66,319.90 $      1,112,459.20$          600,779.10
Total RequestedTotal Recommended
ATTACHMENT 1
Human Service/Public Service Fiscal Year 2024–2025 Recommendations Organization Name Program Name Recommend
CAC, DBA: CommUnify 2-1-1 Helpline $ 9,000
Channel Islands YMCA My Home/Street Outreach $ 22,795
Channel Islands YMCA Noah's Anchorage $ 22,795
Child Abuse Listening Mediation (CALM) CALM $ 24,000
Council on Alcoholism and Drug Abuse CADA $ 16,000
De Marillac, LLC. Fr. Virgil Cordano Center $ 32,000
District Atty Office of Santa Barbara Sexual Assault Response Team $ 9,000 Domestic Violence Solutions Emergency Shelter & Support $ 32,000 Family Service Agency Senior Services Program $ 24,000
Family Service Agency Family Resource Center $ 21,000
Family Service Agency Long-Term Care Ombudsman $ 24,000 Foodbank of Santa Barbara County Foodbank's Warehouse Program $ 24,000 Friendship Adult Day Care Center Friendship Center $ 12,000 Good Samaritan Shelter (GSS) Freedom Warming Centers $ 24,000 Hillside Hillside $ 40,000
Hospice of Santa Barbara Hospice of SB $ 16,000
Independent Living Resource Center, inc ILRC $ 10,500
Legal Aid Foundation Legal Aid Foundation $ 24,000
Mental Wellness Center Mental Wellness Center $ 10,278
NBCC dba New Beginnings Community Counseling Clinic $ 40,000 NBCC dba New Beginnings NBCC Safe Parking $ 45,295
Organic Soup Kitchen Organic Soup Kitchen $ 28,000
Pacific Pride Foundation Pacific Pride Foundation $ 24,000 Partners in Housing Solutions Partners in Housing Solutions $ 24,000 PATH PATH $ 37,000
Sanctuary Centers Of Santa Barbara Inc Sanctuary Centers $ 12,000 Santa Barbara Neighborhood Clinics Neighborhood Clinics Dental Care $ 32,695 SBC Immigrant Legal Defense Center Legal Services $ 22,400 Showers of Blessing Santa Barbara Showers of Blessing $ 18,000 St. Vincent's Family Strengthening $ 21,600
Standing Together to End Sexual Assault STESA $ 32,000
The Salvation Army The Salvation Army $ 9,000
Transition House Family Shelter and Services $ 64,000
Transition House Homelessness Prevention $ 14,000
United Boys & Girls Clubs United Boys & Girls Clubs $ 36,295 Total $ 857,653
ATTACHMENT 2

FIRST AMENDMENT TO
AGREEMENT FOR USE OF CITY OF SANTA BARBARA HUMAN SERVICE FUNDS NO. {{IDIS_ContractNumber}}
This First Amendment to “AGREEMENT FOR USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS NO. {{IDIS_ContractNumber}}” (“First Amendment”) is entered into this first day of July, 2024 by and between {{OrgContactInfo_OrgName}}, hereinafter referred to as “Agency” and the City of Santa Barbara a municipal corporation, hereinafter referred to as “City”.

RECITALS
WHEREAS, a document titled “AGREEMENT FOR USE OF CITY OF SANTA BARBARA HUMAN SERVICE FUNDS NO. {{IDIS_ContractNumber}}” (“Agreement”) was executed by the Agency and the City on July 1, 2023; and
WHEREAS, a document titled “AGREEMENT FOR USE OF CITY OF SANTA BARBARA HUMAN SERVICE FUNDS NO. {{IDIS_ContractNumber}}” (“Agreement”) states the City is authorized to approvean 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.

NOW THEREFORE, in consideration of satisfactory Agency performance, and continued appropriation of grant funds allocated in the City’s annual budget, Agency and City agree to amend Agreement as follows:

I. Section 1. USE OF FUNDS is hereby deleted in its entirety and replaced with the following:
“Section 1. TERM

1.1 The effective date of this Agreement is July 1, 2023 (“Effective Date”). The termination date is June 30, 2025 (“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.

II. Section 2.1 is hereby deleted in its entirety and replaced with the following:
“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 ATTACHMENT 3
Agreement No. {{IDIS_ContractNumber}}

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".”
III. All other terms and conditions of Agreement remain in full force and effect.

IV. 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.

Agreement No. {{IDIS_ContractNumber}}

IN WITNESS WHEREOF, the parties have executed this Addendum in duplicate as of the date first written above.

By: By:

Elias Isaacson
Community Development Director
Name: Click here to enter text.

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:

Tava Ostrenger
Assistant City Attorney
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

SCHEDULE OF DISBURSEMENTS AND REPORTS
A-2
Agency: {{OrgContactInfo_OrgName}} Agreement No: {{IDIS_ContractNumber}} 1 2 3 4 5 6 7 8
Median 100% $107,300
Extremely Low 0 - 30% $31,050 $35,500 $39,950 $44,350 $47,900 $51,450 $55,000 $58,550 Low 31 - 50% $51,800 $59,200 $66,600 $73,950 $79,900 $85,800 $91,700 $97,650 Moderate 51%-80% $82,950 $94,800 $106,650 $118,500 $128,000 $137,500 $146,950 $156,450 *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 = $107,300
City of Santa Barbara
Community Development Block Grant and Human Services Programs * Maximum Income for Various Income Categories 2023
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}}

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, 2024 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, 2024 (“Effective Date”). The termination date is June 30, 2025 (“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 4
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 within the area of the Project as detailed in Agency’s Area Benefit Analysis, attached hereto as Exhibit “F” and incorporated herein by this reference as though set forth in full. 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 in accordance with 24 CFR Part 5.609 (formerly called “Section 8” ); 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 Agreement No. {{IDIS_ContractNumber}}

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 as detailed in Agency’s Area Benefit Analysis, attached hereto as Exhibit “F” and incorporated herein by this reference as though set forth in full; 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 Agreement No. {{IDIS_ContractNumber}}

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 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 Agreement No. {{IDIS_ContractNumber}}

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 2024-2025 CDBG funds are decreased or eliminated before the end of Fiscal Year 2024-2025, 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. To the fullest extent permitted by law, Agency will (1) immediately defend and (2) indemnify the City, its governing body, officers, and employees from and against all liabilities regardless of nature or type that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Agency, or its employees, agents, or subcontractors. Liabilities subject to the duties to defend and indemnify include, without limitation, all claims, losses, damages, penalties, fines, and judgments; associated investigation and administrative expenses; defense costs, including but not Agreement No. {{IDIS_ContractNumber}}

limited to reasonable attorneys’ fees; court costs; and costs of alternative dispute resolution. Defense counsel shall be approved by the City.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 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 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.

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 Umbrella 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.

15.3.5 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.

Agreement No. {{IDIS_ContractNumber}}

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
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% $107,300
Extremely Low 0 - 30% $31,050 $35,500 $39,950 $44,350 $47,900 $51,450 $55,000 $58,550 Low 31 - 50% $51,800 $59,200 $66,600 $73,950 $79,900 $85,800 $91,700 $97,650 Moderate 51%-80% $82,950 $94,800 $106,650 $118,500 $128,000 $137,500 $146,950 $156,450 *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 = $107,300
City of Santa Barbara
Community Development Block Grant and Human Services Programs * Maximum Income for Various Income Categories 2023
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, 2025
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, 2024 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, 2024 (“Effective Date”). The termination date is June 30, 2025 (“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 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 within the area of the Project as detailed in Agency’s Area Benefit Analysis, attached hereto as Exhibit “F” and incorporated herein by this reference as though set forth in full. 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 in accordance with 24 CFR Part 5.609 (formerly called “Section 8” ); 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 as detailed in Agency’s Area Benefit Analysis, attached hereto as Exhibit “F” and incorporated herein by this reference as though set forth in full; 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
Agreement No. «Contract_»

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 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.

Agreement No. «Contract_»

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, 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 2024-2025 CDBG or Human Service funds are decreased or eliminated before the end of Fiscal Year 2024-2025, 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

14. To the fullest extent permitted by law, Agency will (1) immediately defend and (2) indemnify the City, its governing body, officers, and employees from and against all liabilities regardless of nature or type that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Agency, or its employees, agents, or subcontractors. Liabilities subject to the duties to defend and indemnify include, without limitation, all claims, losses, damages, penalties, fines, and judgments; associated investigation and administrative expenses; defense costs, including but not limited to reasonable attorneys’ fees; court costs; and costs of alternative dispute resolution. Defense counsel shall be approved by the City.

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.

Agreement No. «Contract_»

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 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 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.

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 Umbrella 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% $107,300
Extremely Low 0 - 30% $31,050 $35,500 $39,950 $44,350 $47,900 $51,450 $55,000 $58,550 Low 31 - 50% $51,800 $59,200 $66,600 $73,950 $79,900 $85,800 $91,700 $97,650 Moderate 51%-80% $82,950 $94,800 $106,650 $118,500 $128,000 $137,500 $146,950 $156,450 *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 = $107,300
City of Santa Barbara
Community Development Block Grant and Human Services Programs * Maximum Income for Various Income Categories 2023
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, 2025
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

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 CAPITAL FUNDS
THIS GRANT AGREEMENT (“Agreement”) is entered into this 1st day of July, 2024 by and between:

CITY OF SANTA BARBARA, Community
Development Department, hereinafter referred to as
"CITY."
and
«OrgContactInfo_OrgName», a California Non-profit,
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 for the «OrgContactInfo_ProgramName», hereinafter referred to as “Project,” which is 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 This Agreement shall be in effect as of July 1, 2024 (“Effective Date”) and shall remain in effect until June 30, 2025 (“Expiration Date”) unless sooner terminated as herein provided. Nonconstruction related work (e.g. surveys, design), if such expenses are not funded with CDBG funds and will not be reimbursed with CDBG funds, may commence on this Project immediately following the Effective Date of this Agreement. Agency shall not commit or expend CDBG funds, through contract or purchase agreements, nor shall Agency initiate construction, acquisition, rehabilitation, or conversion paid for with CDBG funds until Agency receives written authorization from City staff pursuant to Section 5 of this Agreement.

1.2 CDBG funds will not be disbursed to Agency unless and until the conditions precedent below are either satisfied to 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; ATTACHMENT 5
Agreement No. «IDIS_ContractNumber»

c. Agency has submitted to the City a certificate of insurance pursuant to Section 16 of this Agreement.

1.3 Project shall be completed and all CDBG funds shall be expended and disbursed pursuant to Sections 4 and 5 of this Agreement prior to April 30, 2025 in order to meet HUD's timeliness requirements.

1.4 If upon Expiration Date, there remain any allocated, but unspent, CDBG funds, said CDBG funds shall automatically be reprogrammed into the City’s General CDBG contingency account, unless a grant-agreement extension has been granted pursuant to Section 4 of this Agreement.

2. USE OF CDBG FUNDS

2.1 Subject to terms and conditions contained herein, City agrees to provide CDBG funds to Agency in the amount of «Funding_TotalAmount» («Funding_TotalAmount_Spelled» and «Funding_TotalAmount_Cents»/100 dollars) for purposes of the Project as described in the Project Summary statement attached hereto as Exhibit "A" and incorporated herein by reference as though set forth in full.

2.2 City and Agency further agree that CDBG funds shall specifically be used for reimbursement of CDBG-eligible Project costs specified in the Project Budget page attached hereto as Exhibit "B" and incorporated herein by this reference as though set forth in full, including fees necessary to conduct an Environmental Review of the Project in accordance with 24 CFR Part 58.

2.3 City may charge its administrative time in an amount not to exceed 5% of the total Project award identified in Section 2.1 of this Agreement as a “Project Delivery Cost”. Any unused portion of the “Project Delivery Cost,” may be used to reimburse Agency for Eligible Project costs not previously reimbursed.

2.4 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 City its written request for City’s consent to change the use of CDBG funds.

3. PROJECT 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 within the area of Agreement No. «IDIS_ContractNumber»

the Project as detailed in Agency’s Area Benefit Analysis, attached hereto as Exhibit “F” and incorporated herein by this reference as though set forth in full. 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 in accordance with 24 CFR Part 5.609 (formerly called “Section 8” ); 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 as detailed in Agency’s Area Benefit Analysis, attached hereto as Exhibit “F” and incorporated herein by this reference as though set forth in full; or

3.2.5 Maintenance of other information which City and Agency determine is necessary to document Program benefit.

4. PROJECT TIMELINE AND COMPLETION DATE

4.1 Agency agrees to adhere to the Construction Project Timeline (“Project Timeline”) as provided on Exhibit “A”.

4.2 Said Project Timeline shall include the following completion dates, in order to comply with HUD’s timeliness requirements:
a. On or before March 25, 2025, Agency shall have expended 95 percent of Project costs that are to be reimbursed with CDBG funds in accordance with Section 5 of this agreement and shall cause to be recorded in the Office of the Santa Barbara County Recorder a “Notice of Completion”; and
b. On or before April 30, 2025, 100 percent of Project costs that are to be reimbursed with CDBG funds shall be expended by Agency.

4.3 Agency’s failure to adhere to the Project Timeline shall be considered an event of default of this Agreement and shall constitute grounds for termination of this Agreement in accordance with Section 12 below. Any requests by Agency to amend the Project Timeline shall be submitted in writing, and will be subject to approval by City in its sole and absolute discretion. If approved, Agency’s revised timeline shall be made part of this Agreement.

4.4 In the event that the Project is not completed and all CDBG funds are not spent by Agency and reimbursed by City on or before the Expiration Date of this Agreement, Agency shall submit to City a written request to extend the Agreement beyond the Agreement Expiration Date, which will be Agreement No. «IDIS_ContractNumber»

subject to approval by City in its sole and absolute discretion. There shall be no further work on the Project or reimbursement of CDBG funds, except for Project costs that are incurred, pursuant to Section 2, prior to the Expiration Date unless and until a written extension of this Agreement is executed by City and Agency.

5. REIMBURSEMENT AND REPORTING REQUIREMENTS

5.1 City and Agency agree that all payments made pursuant to this Agreement shall be on a reimbursement-only basis. Agency shall submit to City detailed requests for reimbursement, including but not limited to, copies of paid invoices, proof of payment, and all other documentation that may be required as detailed in City’s Construction Projects Guide, as provided by City, and Exhibit “C”, CDBG Construction Requirements, attached hereto and incorporated herein by this reference as though set forth in full.

5.2 Agency and City hereby agree that Agency shall not obligate any CDBG funds, incur any costs or submit any claims or requests for reimbursement pursuant to this Agreement unless and until Agency has received from City a written “Notice to Proceed” certifying that Agency has met applicable preconstruction requirements outlined in Exhibit “C”.

5.3 Agency shall provide to City quarterly status reports (Quarterly Report) documenting Project progress, expenditures made, and any problems encountered to date in a form provided by City.

5.4 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.

5.5 On or before June 30, 2025, or no later than 15 days after recordation of the “Notice of Completion,” whichever occurs first, Agency shall provide City a Project Close-Out Report. Agency shall provide information, in a form provided by City, on Project accomplishments, work completed, numbers of clients served, and a financial statement indicating CDBG expenditures to date and fund balance.

6. 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 Project. In particular, Agency shall keep all records and documents as may be necessary to enable City to determine if the CDBG funds to be disbursed pursuant to this Agreement have been or are being used in compliance with 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 to the terms of this Agreement. Agency shall maintain all such records for at least five (5) years after the termination of this Agreement.

7. AUDIT OF AGENCY'S RECORDS AND FINANCIAL MANAGEMENT
Agreement No. «IDIS_ContractNumber»

7.1 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.

7.2 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:

7.2.1 A financial audit shall be required if Agency’s annual budget revenues exceeds $2 million.

7.2.2 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.

7.2.3 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.

7.2.4 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.

8. 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 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 2024-2025 CDBG funds are decreased or eliminated before the end of Fiscal Year 2024-2025, this Agreement shall be reduced accordingly based on the available CDBG funds.

9. PROGRAM INCOME

9.1 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 City any and all program income not used for the aforementioned purposes.

Agreement No. «IDIS_ContractNumber»

9.2 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.

10. REVERSION OF ASSETS
Any real property under the Agency’s control acquired or improved, in whole or in part with, CDBG funds in excess of $25,000 shall either:
a. Be used to meet one of the national objectives specified in 24 CFR 570.208 until five years after expiration of the Agreement, or for such longer period of time as determined to be appropriate by City; or
b. Agency shall pay to City an amount equal to the current market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for the acquisition of, or improvement to, the property. No payment is required after the period of time specified in paragraph (a) of this section.

11. LICENSES AND PERMITS
Agency shall obtain and maintain, at Agency's own expense, any and all licenses and permits necessary to conduct the Project and to maintain the facilities and render the services proposed to be maintained or rendered in connection with the Project.

12. EVENTS OF DEFAULT

12.1 This Agreement shall be in default upon the occurrence of any of the following events (hereinafter an “Event of Default”):

12.1.1 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.

12.1.2. 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.

12.1.3 Default Under Agreement -- Agency's breach of the covenants or obligations under this Agreement.

13. RIGHTS AND OBLIGATIONS UPON DEFAULT

13.1 Remedies Upon Occurrence of Default -- Upon the occurrence of an Event of Default, 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 City written demand.

13.2 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 Agreement No. «IDIS_ContractNumber»

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 City request.

13.3 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.

13.4 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.

14. 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.

15. DEFENSE, INDEMNITY AND HOLD HARMLESS

15. To the fullest extent permitted by law, Agency will (1) immediately defend and (2) indemnify the City, its governing body, officers, and employees from and against all liabilities regardless of nature or type that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Agency, or its employees, agents, or subcontractors. Liabilities subject to the duties to defend and indemnify include, without limitation, all claims, losses, damages, penalties, fines, and judgments; associated investigation and administrative expenses; defense costs, including but not limited to reasonable attorneys’ fees; court costs; and costs of alternative dispute resolution. Defense counsel shall be approved by the City.

15.2 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.

15.3 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.

16. INSURANCE

16.1 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 Agreement No. «IDIS_ContractNumber»

performance of the work hereunder and the results of that work by the Agency, its agents, representatives, employees, or subcontractors.

16.2 Minimum Scope and Limit of Insurance - Coverage shall be at least as broad as:

16.2.1 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.

16.2.2 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.

16.2.3 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.

16.3 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.

16.4 OTHER INSURANCE PROVISIONS: Each insurance policy shall contain, or be endorsed to contain, the following provisions:

16.4.1 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.

Agreement No. «IDIS_ContractNumber»

16.4.2 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.

16.3.3 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.

16.3.4 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.

16.3.4 Umbrella 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.

16.3.6 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.

Agreement No. «IDIS_ContractNumber»

4. A copy of the claims reporting requirements must be submitted to the City for review.

16.4 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.

16.5 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.

16.6 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.

16.7 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.

16.8 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.

16.9 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.

17. 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 City, and to any Agreement No. «IDIS_ContractNumber»

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:

17.1 Community Development Block Grant Regulations
The CDBG Regulations, 24 CFR Part 570, and any amendments hereafter thereto; and

17.2 Santa Barbara Municipal Code Non-discrimination Requirements The “Nondiscriminatory Employment Certificate” requirements of SBMC 9.126), attached hereto as Exhibit “D” and incorporated herein by this reference as though set forth in full; and

17.3 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

17.4 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

17.5 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

17.6 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

17.7 Rehabilitation Act of 1973
Section 504 of the Rehabilitation Act of 2073 (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 Agreement No. «IDIS_ContractNumber»

17.8 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

17.9 Equal Employment and Contracting Opportunity

17.9.1 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.

17.9.2 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.

17.9.3 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.

17.9.4 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.

17.9.5 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.

17.9.6 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 Agreement No. «IDIS_ContractNumber»

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.

17.9.7 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.

17.9.8 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

17.10 Build America Buy America Act - The domestic content procurement preference 41 U.S.C. 8301, unless covered by a waiver, requires that all iron, steel, manufactured products, and construction materials used in covered infrastructure projects are produced in the United States.

17.11 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.

17.11.1 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.

17.11.2 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 Agreement No. «IDIS_ContractNumber»

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.

17.11.3 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.

17.12 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

17.13 Housing and Urban Development Act Of 1968
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

17.14 Minority and Women-Owned Businesses
Executive Orders 11625, 12432, and 12138, 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

17.15 Labor Standards

17.15.1 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), Agreement No. «IDIS_ContractNumber»

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.

17.15.2 The regulations of 24 CFR part 70 shall apply to the use of volunteers; and

17.16 Environmental Review Standards

17.16.1 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.

17.16.2 Nothing in this agreement shall obligate City to reimburse any CDBG funds or authorize Agency to utilize any CDBG funds unless and until City is in receipt of required HUD authorization to use CDBG funds as per the Environmental Requirements of 24 CFR Part 58; and

17.17 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. 1251-1387).

Violations will be reported to the Federal awarding Agency (HUD) and the Regional Office of the Environmental Protection Agency; and

17.18 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

17.19 Uniform Relocation Assistance
Uniform Relocation Assistance and Real Property Acquisition Policies Act Of 2070 (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

17.20 Executive Order 13279
Agreement No. «IDIS_ContractNumber»

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

17.21 Lead-Based Paint
The Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4821-4846), the Residential LeadBased 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

17.22 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

17.23 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

17.24 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

17.25 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

17.26 Eligibility Restrictions
The eligibility restrictions set forth by 24 CFR 570.613; and

17.27 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. 12131; 47 U.S.C. 155, 201, 219 and 225) (ADA); and

17.28 Prohibited Political and Lobbying Activities
Agreement No. «IDIS_ContractNumber»

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. 1352, 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

17.29 Federal Funding Accountability and Transparency Act Agency shall fully complete Exhibit “E”, 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 “E” will be reported in the FFATA Sub-award Reporting System.

18. ASSIGNMENT AND SUBCONTRACTING

18.1 Agency shall not assign, delegate, sub-contract, transfer, charge or otherwise dispose of this Agreement or any part thereof or any monies payable hereunder without the prior written consent of City which consent may be withheld in City’s sole and absolute discretion.

18.2 Agency hereby agrees to incorporate or cause to be incorporated in any subcontract for use of these CDBG funds any applicable Federal requirements, including, but not limited to, those specified in Section 15 of this Agreement. In addition, any subcontract by Agency using CDBG funds provided for in this Agreement shall be reviewed by City prior to execution to ensure that all applicable requirements which assume compliance with Federal, State, or local regulations have been incorporated.

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 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 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.

Agreement No. «IDIS_ContractNumber»

22. NOTICES
Communication and details concerning this Agreement shall be directed to the addressed as follows:
«OrgContactInfo_ExecDirectorFName»
«OrgContactInfo_ExecDirectorLName»,
Community Development Department
Executive Director Housing and Human Services Division
«OrgContactInfo_MailingAddress_Address1»
«OrgContactInfo_MailingAddress_Address2»
P.O. Box 1990
«OrgContactInfo_MailingAddress_Address_CSZ» 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: Click here to enter text.

Title: Executive Director
APPROVED AS TO CONTENT:

Laura Dubbels
Housing and 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

PROJECT SUMMARY
A-1
Agency: «OrgContactInfo_OrgName» Agreement No: «IDIS_ContractNumber» PROJECT LOCATION: «ProjectDescription_ProjectAddress_Address_Full» PROGRAM PURPOSE: «ProjectDescription_ProgramDescription»

PROJECT DESCRIPTION
«ProjectDescription_ProjectDescription»
Exhibit A

PROJECT TIMELINE
A-2
Agency: «OrgContactInfo_OrgName» Agreement No: «IDIS_ContractNumber» 1 2 3 4 5 6 7 8
Median 100% $107,300
Extremely Low 0 - 30% $31,050 $35,500 $39,950 $44,350 $47,900 $51,450 $55,000 $58,550 Low 31 - 50% $51,800 $59,200 $66,600 $73,950 $79,900 $85,800 $91,700 $97,650 Moderate 51%-80% $82,950 $94,800 $106,650 $118,500 $128,000 $137,500 $146,950 $156,450 *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 = $107,300
City of Santa Barbara
Community Development Block Grant and Human Services Programs * Maximum Income for Various Income Categories 2023
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) «ClientDataStaffInfo_PeopleServedEx tLowIncome2223»
LOW INCOME (31-50% MFI) «ClientDataStaffInfo_PeopleServedwi thLowIncome2223»
MODERATE (51-80% MFI) «ClientDataStaffInfo_PeopleServedM odIncome2223»
ABOVE MODERATE (81%+MFI) «ClientDataStaffInfo_PeopleServedA boveModIncome2223»
ANNUAL UNDUPLICATED CLIENTS: «ClientDataStaffInfo_TotalUnduplicated» Exhibit A

PROJECT TIMELINE
A-3
Agency: «OrgContactInfo_OrgName» Agreement No: «IDIS_ContractNumber»

DEADLINE DATE ACTIONS REQUIRED
Upon Effective Date Environmental Review conducted by City Upon Effective Date AGENCY identifies any Project Manager and develops Final Architectural Drawings, (known as "Project Plan")
November 1, 2024
AGENCY submits to CDBG Staff for review and approval: Project Plan, Scope of Work, and Bid Packet (collectively known as "Project Documents").

Any Permit Applications required for Project must be submitted to City Planning/ Building Divisions.

November 28, 2024 City and AGENCY make any necessary changes to submitted Project Documents and City gives final approval to open bid process publicly December 1, 2024 AGENCY opens and publicly advertises Bid Packet (subject to City approval)
December 22, 2024
Bids due to AGENCY and contractor selected (bids publicly opened in accordance with date, time and location in published bid packet)– within 3 weeks of bid advertisement
January 5, 2025 AGENCY executes contract with selected contractor – within 2 weeks of contractor selection (subject to City approval)
January 19, 2025 Preconstruction conference with AGENCY, contractor and City staff – within 2 weeks of contractor selection
January 26, 2025
AGENCY and contractor submit preconstruction exhibits and contract to City, with ALL required permits pulled by Contractor with appropriate license – within 1 week of preconstruction conference
February 2, 2025 City issues Agency Notice to Proceed - within 1 week of document submittal February 9, 2025 Construction begins - within 1 week of Notice to Proceed During construction AGENCY submits contractors and subcontractors weekly Certified Payrolls and Requests for Reimbursement for construction costs
Before March 25, 2025 AGENCY expends 95% of Project costs, completes Notice of Completion and returns to City for filing at County Clerk Recorder Before April 30, 2025 AGENCY expends 100% of Project costs Before June 30, 2025 AGENCY submits Project Close-out Report and all close out documents to City
Exhibit B

PROJECT BUDGET
B-1
Agency: «OrgContactInfo_OrgName» Agreement No: «IDIS_ContractNumber»

REVENUE
Revenue Sources Amount
City of Santa Barbara CDBG «Funding_TotalAmoun
t»
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 CDBG Other Funding
Environmental Review $ Click here to enter text. $ Click here to enter text.

Drawings and Plans $ Click here to enter text. $ Click here to enter text.

Other Preconstruction Costs $ Click here to enter text. $ Click here to enter text.

Permits $ Click here to enter text. $ Click here to enter text.

Land Acquisition $ Click here to enter text. $ Click here to enter text.

Installation $ Click here to enter text. $ Click here to enter text.

Materials $ Click here to enter text. $ Click here to enter text.

New Construction $ Click here to enter text. $ Click here to enter text.

Rehabilitation $ Click here to enter text. $ Click here to enter text.

Labor $ Click here to enter text. $ Click here to enter text.

Other: $ Click here to enter text. $ Click here to enter text.

Other: $ 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: «ProjectDescription_CDBGFundingUseNarr»
Exhibit C

CDBG CONSTRUCTION REQUIREMENTS
C-1

PRE-CONSTRUCTION REQUIREMENTS

1. Agency shall adhere to one of the following bidding processes in accordance with 2 CFR 200.320 to select a contractor:

A. Micro-Purchases Method (for supplies or services less than $3,500).

B. Small Purchases Method (for consulting, design, supplies between $3,500 and $150,000).

C. Competitive Proposals Method (for professional services or purchases over $150,000).

D. Sealed Bids (for all construction).

2. Sealed Bids shall adhere to the following:

A. Bid opportunity/notice shall be publicized.

B. Agency shall prepare a bid packet that contains the following:
i. Introduction and project address;
ii. Bid open date, time and location;
iii. Clearly defined scope of work;
iv. Bond requirements identified;
v. Insurance requirements;
vi. Davis Bacon Act provisions;
vii. Section 3 provisions (for construction over $200,000, or any funding provided to Housing Authority);
viii. Contractor's/Subcontractor's Certification Concerning Labor Standards and Prevailing Wage Requirements - form provided by City;
ix. Certification by Proposed Contractor/Subcontractor Regarding Equal Employment Opportunity – form provided by City;
x. Bidder’s Certification – form provided by City;
xi. Bidder’s Questionnaire – form provided by City;
xii. Sect. 3 Business Certification – form provided by City; xiii. HUD-4010 Form – provided by City;
xiv. Davis-Bacon Act Wage Determination – provided by City.

3. Upon selection of contractor, Agency and contractor/subcontractors shall attend a PreConstruction Conference with City staff.

4. Agency shall submit the following documents to City:

A. Copy of bid advertisement;
B. Copy of bid packet;
C. Bid Summary Sheet – form provided by City;
Exhibit C

CDBG CONSTRUCTION REQUIREMENTS
C-2
D. Copy of all bids received;
E. Copy of the Agency and Contractor Construction Contract using City-provided CDBG contract template;
F. Certificates of Insurance for General Liability and Worker’s Compensation for winning contractor and all subcontractors;
G. Exhibits A-E – forms provided by City, and shall be completed by contractor and all subcontractors, with original signatures.

5. Upon Agency’s completion of the above pre-construction requirements, City shall issue to Agency and contractor a written Notice to Proceed, and contractor shall begin construction work.

REQUIREMENTS DURING CONSTRUCTION

1. Any reimbursement request submitted by Agency, or by agent on behalf of Agency, for the purpose of issuance of any payment under this Agreement requires PRIOR written approval of City staff.

2. Agency shall submit the following with each reimbursement request:

A. Agency Request for Reimbursement – form provided by City; B. Copy of contractor’s work invoice and/or materials receipt(s); C. Agency’s proof of payment to the contractor;
D. Labor and material releases from contractor;
E. Certified Payroll Reports, form WH-347, and Statement of Compliance for each week (whether or not work was performed) with original “wet” signature signed in blue ink.

3. Agency shall obtain PRIOR City approval for any change orders

POST CONSTRUCTION

1. Onsite inspection shall be held with City staff and Agency/contractor.

2. Notice of Completion – form provided by City, signed and submitted to City staff within 10 days of project completion for recordation at the Santa Barbara County Clerk Recorder. (NOTE: Due to California Senate Bill 2, effective January 1, 2018, the cost to record a document is $101. Agency may include this cost as part of the Project budget for use of CDBG funds, or pay this fee using Agency’s own funds).

3. Agency shall submit before and after pictures to City.

Exhibit C

CDBG CONSTRUCTION REQUIREMENTS
C-3

PROJECT CLOSEOUT

1. Five percent (5%) of the construction contract amount shall be retained by City for a minimum of thirty-five days after recordation of Project’s Notice of Completion. This is to ensure completion of work and payment for materials and services and to ensure compliance.

2. Agency shall submit final Request for Reimbursement and supporting documentation for the 5% retention – City reserves the right to withhold retention payment of CDBG funds to Agency beyond 35 days should Agency and/or contractor fail to comply with all federal, state and local regulations pertaining to federally-funded construction projects.

3. Evidence of City Building Permit submitted to City, if applicable.

4. Waiver and Affidavit signed by contractor submitted to City.

5. Agency submits Project Close-Out Report – form provided by City The undersigned recognizes that the foregoing is a summary only and is not to be used as a substitute for the CDBG Construction Projects Guide, the receipt of which is hereby acknowledged. Further, the undersigned accepts that it is the responsibility of Agency and its staff to adhere to the requirements of the City of Santa Barbara’s CDBG Construction Projects Guide X
Signature
Title: Executive Director
Exhibit D

NONDISCRIMINATORY EMPLOYMENT CERTIFICATE
Department: «OrgContactInfo_OrgName» Agreement No: «IDIS_ContractNumber» D-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 D

NONDISCRIMINATORY EMPLOYMENT CERTIFICATE
Department: «OrgContactInfo_OrgName» Agreement No: «IDIS_ContractNumber» D-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 “E”

FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT
E-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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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 CAPITAL FUNDS
THIS GRANT AGREEMENT (“Agreement”) is entered into this 1st day of July, 2024 by and between:

CITY OF SANTA BARBARA, a municipal
corporation, hereinafter referred to as “City” CITY
and

CITY OF SANTA BARBARA,
{{OrgContactInfo_OrgName}}, hereinafter referred
to as "Department."
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, Department submitted a proposal for funding to the City Council of the City of Santa Barbara for the {{OrgContactInfo_ProgramName}}, hereinafter referred to as “Project,” which is 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 This Agreement shall be in effect as of July 1, 2024 (“Effective Date”) and shall remain in effect until June 30, 2025 (“Expiration Date”) unless sooner terminated as herein provided. Nonconstruction related work (e.g. surveys, design), if such expenses are not funded with CDBG funds and will not be reimbursed with CDBG funds, may commence on this Project immediately following the Effective Date of this Agreement. Department shall not commit or expend CDBG funds, through contract or purchase agreements, nor shall Department initiate construction, acquisition, rehabilitation, or conversion paid for with CDBG funds until Department receives written authorization from CITY staff pursuant to Section 5 of this Agreement.

1.2 CDBG funds will not be disbursed to Department unless and until the conditions precedent below are either satisfied to 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 Department and CITY.

Agreement No. {{IDIS_ContractNumber}}

1.3 Project shall be completed and all CDBG funds shall be expended and disbursed pursuant to Sections 4 and 5 of this Agreement prior to April 30, 2025 in order to meet HUD's timeliness requirements.

1.4 If upon Expiration Date, there remain any allocated, but unspent, CDBG funds, said CDBG funds shall automatically be reprogrammed into the City’s General CDBG contingency account, unless a grant-agreement extension has been granted pursuant to Section 4 of this Agreement.

2. USE OF CDBG FUNDS

2.1 Subject to terms and conditions contained herein, CITY agrees to provide CDBG funds to Department in the amount of {{Funding_TotalAmount}} ({{Funding_TotalAmount_Spelled}} and {{Funding_TotalAmount_Cents}}/100 dollars) for purposes of the Project as described in the Project Summary statement attached hereto as Exhibit "A" and incorporated herein by reference as though set forth in full.

2.2 CITY and Department further agree that CDBG funds shall specifically be used for reimbursement of CDBG-eligible Project costs specified in the Project Budget page attached hereto as Exhibit "B" and incorporated herein by this reference as though set forth in full, including fees necessary to conduct an Environmental Review of the Project in accordance with 24 CFR Part 58.

2.3 City may charge its administrative time in an amount not to exceed 5% of the total Project award identified in Section 2.1 of this Agreement as a “Project Delivery Cost”. Any unused portion of the “Project Delivery Cost,” may be used to reimburse Agency for Eligible Project costs not previously reimbursed.

2.4 In the event that Department desires to use CDBG funds provided for herein for purposes other than those provided in Exhibits “A” and "B," Department shall first submit to City its written request for City’s consent to change the use of CDBG funds.

3. PROJECT 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 within the area of the Project as detailed in Agency’s Area Benefit Analysis, attached hereto as Exhibit “F” and incorporated herein by this reference as though set forth in full. While these areas of the City exhibit the greatest need for housing assistance and, therefore, require concentrated attention, Agreement No. {{IDIS_ContractNumber}}

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 in accordance with 24 CFR Part 5.609 (formerly called “Section 8” ); 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 as detailed in Agency’s Area Benefit Analysis, attached hereto as Exhibit “F” and incorporated herein by this reference as though set forth in full; or

3.2.5 Maintenance of other information which City and Agency determine is necessary to document Program benefit.

4. PROJECT TIMELINE AND COMPLETION DATE

4.1 Department agrees to adhere to the Construction Project Timeline (“Project Timeline”) as provided on Exhibit “A”.

4.2 Said Project Timeline shall include the following completion dates, in order to comply with HUD’s timeliness requirements:
a. On or before March 25, 2025, Department shall have expended 95 percent of Project costs that are to be reimbursed with CDBG funds in accordance with Section 5 of this agreement and shall cause to be recorded in the Office of the Santa Barbara County Recorder a “Notice of Completion”; and
b. On or before April 30, 2025, 100 percent of Project costs that are to be reimbursed with CDBG funds shall be expended by Department.

4.3 Department’s failure to adhere to the Project Timeline shall be considered an event of default of this Agreement and shall constitute grounds for termination of this Agreement in accordance with Section 12 below. Any requests by Department to amend the Project Timeline shall be submitted in writing, and will be subject to approval by CITY in its sole and absolute discretion.

If approved, Department’s revised timeline shall be made part of this Agreement.

4.4 In the event that the Project is not completed and all CDBG funds are not spent by Department and reimbursed by CITY on or before the Expiration Date of this Agreement, Department shall submit to CITY a written request to extend the Agreement beyond the Agreement Expiration Date, which will be subject to approval by CITY in its sole and absolute discretion. There shall be no further work on the Project or reimbursement of CDBG funds, except for Project costs Agreement No. {{IDIS_ContractNumber}}

that are incurred, pursuant to Section 2, prior to the Expiration Date unless and until a written extension of this Agreement is executed by CITY and Department.

5. REIMBURSEMENT AND REPORTING REQUIREMENTS

5.1 CITY and Department agree that all payments made pursuant to this Agreement shall be on a reimbursement-only basis. Department shall submit to CITY detailed requests for reimbursement, including but not limited to, copies of paid invoices, proof of payment, and all other documentation that may be required as detailed in CITY’s Construction Projects Guide, as provided by CITY, and Exhibit “C”, CDBG Construction Requirements, attached hereto and incorporated herein by this reference as though set forth in full.

5.2 Department and CITY hereby agree that Department shall not obligate any CDBG funds, incur any costs or submit any claims or requests for reimbursement pursuant to this Agreement unless and until Department has received from CITY a written “Notice to Proceed” certifying that Department has met applicable preconstruction requirements outlined in Exhibit “C”.

5.3 Department shall provide to CITY quarterly status reports (Quarterly Report) documenting Project progress, expenditures made, and any problems encountered to date in a form provided by CITY.

5.4 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.

5.5 On or before June 30, 2025, or no later than 15 days after recordation of the “Notice of Completion,” whichever occurs first, Department shall provide CITY a Project Close-Out Report.

Department shall provide information, in a form provided by CITY, on Project accomplishments, work completed, numbers of clients served, and a financial statement indicating CDBG expenditures to date and fund balance.

6. DEPARTMENT TO MAINTAIN RECORDS
Department 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 Department in conducting the Project. In particular, Department shall keep all records and documents as may be necessary to enable CITY to determine if the CDBG funds to be disbursed pursuant to this Agreement have been or are being used in compliance with CITY's requirements and policies relating to CDBG funds. At CITY's request, Department shall furnish CITY with a copy of any record(s) maintained by Department pursuant to the terms of this Agreement. Department shall maintain all such records for at least five (5) years after the termination of this Agreement.

7. AUDIT OF DEPARTMENT'S RECORDS AND FINANCIAL MANAGEMENT

7.1 CITY shall have the right to audit and review all records maintained by Department pursuant to the terms of this Agreement. Any such audit and review may be conducted at any time Agreement No. {{IDIS_ContractNumber}}

during Department'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.

7.2 If Department expends $750,000 or more within their accounting year in federal funds, it will be subject to a single-audit according to 2 CFR 200.

8. SOURCE AND AVAILABILITY OF CDBG FUNDS
Department acknowledges that the CDBG funds being used for the purposes of this Agreement are funds subject to an annual allocation by HUD. Department 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 Department, 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. CITY and Department agree that if the City's Fiscal Year 2024-2025 CDBG funds are decreased or eliminated before the end of Fiscal Year 2024- 2025, this Agreement shall be reduced accordingly based on the available CDBG funds.

9. PROGRAM INCOME

9.1 Department 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. Department shall return to CITY any and all program income not used for the aforementioned purposes.

9.2 Upon termination of this Agreement, CITY may require remittance of all or part of any program income balances held by Department, except those needed for immediate cash needs.

10. REVERSION OF ASSETS
Any real property under the Department’s control acquired or improved, in whole or in part with, CDBG funds in excess of $25,000 shall either:
a. Be used to meet one of the national objectives specified in 24 CFR 570.208 until five years after expiration of the Agreement, or for such longer period of time as determined to be appropriate by CITY; or
b. Department shall pay to CITY an amount equal to the current market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for the acquisition of, or improvement to, the property. No payment is required after the period of time specified in paragraph (a) of this section.

11. LICENSES AND PERMITS
Department shall obtain and maintain, at Department's own expense, any and all licenses and permits necessary to conduct the Project and to maintain the facilities and render the services proposed to be maintained or rendered in connection with the Project.

12. EVENTS OF DEFAULT

12.1 This Agreement shall be in default upon the occurrence of any of the following events (hereinafter an “Event of Default”):

Agreement No. {{IDIS_ContractNumber}}

12.1.1 Failure to Use CDBG Funds as Intended -- Department’s failure to use CDBG funds for purposes that qualify for expenditures in accordance with Exhibit B.

12.1.2. Use of Grant Funds for Unauthorized Purposes -- Department’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.

12.1.3 Default Under Agreement -- Department's breach of the covenants or obligations under this Agreement.

13. RIGHTS AND OBLIGATIONS UPON DEFAULT

13.1 Remedies Upon Occurrence of Default -- Upon the occurrence of an Event of Default, CITY shall have the right to terminate this Agreement and demand that Department 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. Department shall pay such amount due to CITY within 120 days of CITY written demand.

13.2 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 Department 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, Department 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 CITY request.

13.3 Notice of Default -- Upon the occurrence of an Event of Default, CITY shall notify Department in writing of such occurrence, including a description of the Event of Default.

13.4 Cure -- Department 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 Department, or, if the Event of Default cannot reasonably be cured in 30 days, then Department 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, Department 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 Department 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.

14. CITY'S RIGHT TO TERMINATE AGREEMENT
CITY shall have the right to terminate this Agreement at any time, with or without cause, by giving Department 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 Department prior to Agreement No. {{IDIS_ContractNumber}}

the date of such termination which are for allowable expenditures and which are authorized under the terms of this Agreement.

15. OTHER GOVERNMENT / FEDERAL REQUIREMENTS
Department agrees to comply with all applicable state and local codes, ordinances and other applicable laws, and with all applicable program requirements described by CITY, and to any amendments hereafter to CITY program guidelines and requirements. Department agrees to comply with all applicable federal laws and regulations and to any amendments hereafter including, but not limited to, the following:

15.1 Community Development Block Grant Regulations
The CDBG Regulations, 24 CFR Part 570, and any amendments hereafter thereto; and

15.2 Santa Barbara Municipal Code Non-discrimination Requirements The “Nondiscriminatory Employment Certificate” requirements of SBMC 9.126), attached hereto as Exhibit “D” and incorporated herein by this reference as though set forth in full; and

15.3 Nondiscrimination in Federally Assisted Programs
Title VI of the Civil Rights Act of 2064 (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

15.4 Fair Housing Act
Title VIII of the Civil Rights Act of 2068, 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

15.5 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

15.6 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

15.7 Rehabilitation Act of 2073
Agreement No. {{IDIS_ContractNumber}}

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

15.8 Age Discrimination Act of 2075
The Age Discrimination Act of 2075 (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

15.9 Equal Employment and Contracting Opportunity

15.9.1 The Department will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Department 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 Department 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.

15.9.2 The Department will, in all solicitations or advertisements for employees placed by or on behalf of the Department, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.

15.9.3 The Department 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 Department's legal duty to furnish information.

15.9.4 The Department will send to each labor union or representative of workers with which Department 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 Department's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

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