The Commission was particularly focused on increasing engagement with the broader community and facilitating meetings to better understand how the public has been impacted by the criminal justice system. This included a special meeting at the Westside Community Center where the Commission learned about the Rising Scholars Program at Santa Barbara City College (SBCC) that provides a pathway to higher education for formerly incarcerated adults. The Commission also facilitated a special meeting at the new Daytime Navigation and Workforce Development Center in downtown Santa Barbara and heard from service providers who support people experiencing homelessness and how they assist individuals that are impacted by the criminal justice system in navigating their way forward.
Role of Police Monitor
In addition to the role and responsibilities of the Fire and Police Commission within the civilian oversight system, the role of police monitor was assigned to the Senior Assistant to the City Administrator within the City Administrator’s Office. The police monitor is a civilian position designed to provide independent oversight to ensure efficient, just and lawful police operations. This includes: monitoring use of force incidents; internal investigations; and complaints within the Police Department. This individual also serves as key advisor and staff liaison to the Fire and Police Commission.
For reference, the police monitor meets bi-weekly with the Commander for Community Accountability to review complaints received, status of investigations, and dispositions.
There is also specific monitoring and follow-up for complaints received through the City Administrator’s Office as well as monthly review of Use of Force incident data and investigations. Moreover, the City Administrator’s Office and the Police Department work closely together on data analysis, reporting and informational presentations prepared for the Fire and Police Commission.
The City Administrator’s Office continues to be advised by Hassan Aden, independent police monitor professional and principal of The Aden Group, LLC. Mr. Aden has conducted two site visits this year to engage directly with the Santa Barbara Police Department, City Administrator and her team, as well as the members of the Fire and Police Commission.
Summary of Complaints and Investigations
Per ordinance requirements, the Fire and Police Commission receives quarterly reports on complaints of police misconduct that include the number of complaints of Department sworn employees submitted to the Professional Standards Unit (PSU) as well as the number of pending PSU investigations, and the related policy section of misconduct that are being investigated.
The Fire and Police Commission received its second annual report on complaints and investigations on February 27, 2025. This report included the number of internal Council Agenda Report
Annual Report on Community Oversight of Law Enforcement and Work Plan Submitted on Behalf of the Fire and Police Commission
March 18, 2025
investigations completed by the PSU and the findings of those investigations along with the number of Department sworn employees disciplined and the level of discipline employed. It also noted the number of complaints that did not result in discipline.
Moreover, the Police Department provided the topic and total hours of training provided to Department sworn employees and the subject matter of those training sessions.
In 2024, the Santa Barbara Police Department responded to 53,715 in-person calls for service, an increase of 13% from the prior year. The Department received eight (8) citizen complaints which, in turn, equates to 0.02% of all contacts. Put another way, 99.98% of contacts with the public do not result in a resident complaint. The Department also received eight (8) administrative complaints, which are complaints initiated internally by other employees of the Department.
Of the sixteen (16) complaints, investigations resulted in the following dispositions: five were unfounded; none were exonerated; two were not sustained; three were sustained; and six remain open/active. For background, the dispositions are defined as follows:
Unfounded – The investigation clearly established that the allegation is not true. Exonerated – The investigation clearly established that the employee’s actions that formed the basis of the allegations in the complaint were not in violation of law or agency policy.
Not Sustained – The investigation failed to disclose sufficient evidence to clearly provide or disprove the complaint’s allegation.
Sustained – The investigation disclosed sufficient evidence to provide truth of the allegation in complaint by a preponderance of evidence.
The sustained complaints led to two officers receiving corrective counseling and one officer being terminated. It is also important to note that in addition to the discipline imposed, officers often receive additional training.
2025 Work Plan and Priority Issues
The 2025 Work Plan created and adopted by the Fire and Police Commission is included as an attachment. This plan continues to focus on strengthening community engagement in the efforts of the Fire and Police Commission. This will include leveraging existing and new community engagement programs within the Police Department and Fire Department, collaborating with community-based organizations, and creating more userfriendly pathways to access information and resources within the purview of the Commission.
The Commission is also committed to gaining a better understanding of the investigatory process for complaints of police misconduct and use of force incidents, as well as receiving additional training and consultation on how the Fire and Police Commission exercises its ability to make public statements.
Council Agenda Report
Annual Report on Community Oversight of Law Enforcement and Work Plan Submitted on Behalf of the Fire and Police Commission
March 18, 2025
As the Fire and Police Commission works to complete the objectives in its Work Plan, it benefits from the support of City staff within the City Administrator’s Office and City Attorney’s Office as well as the leadership from the Santa Barbara Police Department and Fire Department.
BUDGET/FINANCIAL INFORMATION:
There are no objectives included in the 2025 Fire and Police Commission Work Plan that require additional financial resources to achieve at this time.
ATTACHMENT: Fire and Police Commission 2025 Work Plan
PREPARED AND
SUBMITTED BY: Barbara Andersen, Senior Assistant to the City Administrator APPROVED BY: Kelly McAdoo, City Administrator
ATTACHMENT
CITY OF SANTA BARBARA
FIRE AND POLICE COMMISSION
2025 WORK PLAN
BACKGROUND
Per the Ordinance assigning new duties and authorities to the Fire and Police Commission, it states [2.09.040 B(9)] that the police monitor role within the City Administrator’s Office will coordinate with the Commission to submit an annual report and work-plan to the City Council no later than March 1 of each year.
PURPOSE
The purpose of the Fire and Police Commission is to act in an advisory capacity to the City Council and to the City Administrator in all matters relating to the efficient and adequate Fire and Police protection for the City of Santa Barbara.
The Commission is dedicated to strengthening the relationship between the community and the Santa Barbara Police Department and Fire Department by providing transparent oversight and increased civilian input regarding departmental policies, practices, and procedures.
2025 KEY PLANNING OBJECTIVES
The Fire and Police Commission is a chartered Commission and has long-standing, quasi-judicial duties relating to permitting and operating policies facilitated through the Santa Barbara Police Department. The following planning objectives do not include these regular business items that are addressed during public meetings.
The Fire and Police Commission is proposing to accomplish the following planning objectives in the 2025 calendar year:
(1) Identify and implement ways in which the community can engage more in the work of the Fire and Police Commission. One of the responsibilities of the Fire and Police Commission is to provide a forum to facilitate communication between the community and the Fire and Police Departments, including opportunities for community input and education on departmental policies, procedures, and practices in Santa Barbara. Though the Commission meetings are held in publicly accessible venues and often recorded live, many community members do not feel comfortable participating for a variety of reasons. The Commission is committed to continuing its efforts to build these bridges with our Fire and Police Commission 2025 Work Plan
Adopted on Thursday, February 27, 2025
diverse community members by working with trusted, partner organizations to create safe, open spaces for dialogue on critical and timely issues. (2) Coordinate with City staff to publicize meetings of the Fire and Police Commission and ensure that the public has access to relevant data and meeting materials. The Commission will assist City staff in assessing the current platform(s) used to communicate City Advisory Group meeting information and to determine how to: (a) better leverage existing platforms; (b) expand networks to engage more members of the public; and/or (c) create new mechanisms to share information.
(3) Gain a better understanding of the investigatory process for complaints of police misconduct and use of force incidents. The members of the Fire and Police Commission have participated in trainings on the complaint process and use of force investigatory process. This year, the Commission would like to exercise its authority to review and discuss with the Police Chief individual investigations, if and when they become disclosable under the California Public Records Act pursuant to California Penal Code Section 832.7. The Commission will coordinate with the City Attorney’s Office and the Police Department to identify investigation(s) that meet these criteria and that would assist in understanding the processes in greater detail.
(4) Receive additional training and consultation on how the Commission exercises its ability to make public statements. The Commission will coordinate with the City Administrator’s Office and City Attorney’s Office to learn how best to facilitate public statements on behalf of the Commission in response to important and timely issues under the purview of the Fire and Police Commission.
CITY OF SANTA BARBARA
COUNCIL AGENDA REPORT
AGENDA DATE: March 18, 2025
TO: Mayor and Councilmembers
FROM: Community Development Department
SUBJECT: 2024 General Plan Annual Progress Report
RECOMMENDATION:
That Council receive the 2024 General Plan Annual Progress Report.
DISCUSSION:
State law (Senate Bill 1333) requires the City to submit a General Plan Annual Progress Report (APR) to the State Office of Planning and Research and the Department of Housing and Community Development by April 1 of each year. The attached report provides an overview of the City’s General Plan implementation for calendar year 2024, evaluating compliance with state mandates and the City’s long-term vision.
The APR outlines key initiatives, including General Plan amendments, housing production, zoning ordinance updates, and other implementation programs. In accordance with State law, the report also assesses the City’s efforts to plan for housing needs as required by the Housing Element and Regional Housing Needs Allocation (RHNA).
2024 RHNA Progress Summary
The City’s RHNA allocation for the 6th cycle (2023–2031) identifies a planning need for 8,001 housing units across all income levels. As of the end of 2024, the City has made the following progress:
Agenda Item No. 17
File Code No. 650.05
Council Agenda Report
2024 General Plan Annual Progress Report
March 18, 2025
Income
Category
RHNA
Allocation
Units
Permitted
(2022–2024)
Progress (%) Units
Remaining
Very Low 2,147 4 0.2% 2,143
Low 1,381 85 6.2% 1,296
Moderate 1,441 14 1.0% 1,427
Above
Moderate
3,032 489 16.2% 2,543
Total 8,001 592 7.4% 7,409
Although RHNA establishes the number of housing units the City must plan for, it does not require their production by the City. Most permitted units fall within the abovemoderate-income category, with limited approvals in the low- and very-low-income categories. To address this shortfall, the City’s Housing Element includes new policies and programs aimed at increasing affordable housing opportunities, streamlining approvals, and leveraging state and local funding sources.
Key 2024 Housing Trends and Initiatives
Housing Applications and Permitting: The City received 163 housing applications in 2024, representing 1,521 new units—a 242 percent increase over 2023; however, only 113 projects were issued permits, adding 204 RHNA-eligible units. Significant application submittals include 3805 State Street (689-unit mixed-use development) and 418 N.
Milpas Street (90-unit mixed-use development).
Accessory Dwelling Units (ADUs): ADUs continue to represent a significant portion of new housing, with 159 applications submitted and 110 ADUs permitted in 2024.
New Housing Element Policies: Initiatives include establishing a Local Housing Trust Fund, expanding affordable housing incentives, and streamlining ADU permitting to encourage more diverse housing production.
Other General Plan Implementation Programs
The APR also highlights broader General Plan implementation efforts:
Ordinance Amendments: Updates to zoning regulations to facilitate adaptive reuse, streamline permit processing, and enhance tenant protections. Transportation and Infrastructure: Completion of active transportation projects, including the Lower Eastside Connectivity Plan and De La Vina Street improvements.
Environmental and Open Space Initiatives: Updates to the Safety and Open Space Elements, creek restoration projects, and climate adaptation planning.
Council Agenda Report
2024 General Plan Annual Progress Report
March 18, 2025
Conclusion
The 2024 General Plan APR provides a comprehensive overview of the City’s progress toward achieving its long-term planning goals. The City has made notable strides in housing development and regulatory improvements, but significant challenges to meeting affordable housing targets persist. The programs and policies outlined in the Cycle 6 Housing Element are designed to help address these challenges by facilitating affordable housing development, increasing funding opportunities, and streamlining approval processes.
Upon Council review, the final APR will be submitted to the Governor’s Office of Planning and Research and the Department of Housing and Community Development in compliance with state reporting requirements.
BUDGET/FINANCIAL IMPACTS:
This action does not have a budget/financial impact on the City.
ATTACHMENT: 2024 General Plan Annual Progress Report
PREPARED BY: Daniel Gullett, Principal Planner
SUBMITTED BY: Elias Isaacson, Community Development Director APPROVED BY: Kelly McAdoo, City Administrator
CITY OF SANTA BARBARA
COUNCIL AGENDA REPORT
AGENDA DATE: March 18, 2025
TO: Mayor and Councilmembers
FROM: Community Development Department
SUBJECT: Community Development and Human Services Committee Funding Recommendations
RECOMMENDATION: That Council:
A. Approve the Fiscal Year 2026 and 2027 funding recommendations of the Community Development and Human Services Committee (CDHSC) for use of Human Services funds;
B. Approve the Fiscal Year 2026 funding recommendations of the Community Development and Human Services Committee (CDHSC) for use of Community Development Block Grant funds; and
C. Authorize the Community Development Director to negotiate and execute grant agreements implementing the funding recommendations, subject to the review and approval as to form by the City Attorney.
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 $1.8 million. The City received 51 funding requests, totaling approximately $2.9 million. After an extensive review of each application, the Community Development and Human Services Committee (CDHSC) is recommending funding for 46 proposals. The recommendations adhere to the criteria and priorities previously approved by City Council.
DISCUSSION:
Each year, the City of Santa Barbara receives Community Development Block Grant (CDBG) funds from the federal government for activities that meet one of three national statutory objectives: 1) primarily benefit low- and moderate-income persons, 2) Agenda Item No. 18
File Code No. 610.05
Council Agenda Report
Community Development and Human Services Committee Funding Recommendations March 18, 2025
eliminate/prevent slums or blight, or 3) meet other urgent local community development needs.
Human Service/Public Service grant allocations are awarded biennially (every other year), whereas CDBG Capital and Economic Development grant allocations are awarded annually in order to efficiently allocate funding toward immediate community needs and to encourage public participation in developing the Annual Action Plan.
On October 22, 2024, Council established a General Fund commitment of $726,150 for Fiscal Year 2026 and Fiscal Year 2027 to support Human Service programs that provide direct services to low-income City residents. Public Service and Human Service funding recommendations listed in this report are for a 24-month period beginning July 1, 2025, and are funded with a combination of Human Services and CDBG dollars. Capital grants listed in this report are for a 12-month period beginning July 1, 2025, and are funded with CDBG dollars.
CDBG funding is provided annually to the City and can be used for a variety of eligible activities benefiting low- and moderate-income persons. By law, up to 15 percent of CDBG funds may be used for public service activities, and up to 20 percent may be allocated for administration of the CDBG and Fair Housing programs. The remaining 65 percent may be used for capital construction and economic development projects.
At the time the recommendations were developed, the City had not been notified of its Fiscal Year 2026 or Fiscal Year 2027 CDBG allocations, so the recommended grant amounts were based on estimated funding from Fiscal Year 2025. Prior-year unexpended CDBG funds and program income are also available. A contingency plan was developed in the event of reduced or increased CDBG funds, which is explained further in this report.
Funding Priorities
On October 22, 2024, Council adopted the following Public/Human Services priorities:
• 1
st Priority – Programs that help meet basic human needs, specifically food, shelter/housing, medical (physical and mental); and
• 2
nd Priority – Proposals that reduce the impact of violence, including the prevention of gun violence and suicide; and/or are preventive in nature; and/or promote the highest degree of functioning the individual is capable of achieving.
Council adopted the following priorities for CDBG proposals:
• Homeless Assistance – Programs that provide services to homeless individuals and families, and victims of domestic violence;
• Public Facilities and Infrastructure – Capital projects that improve facilities of organizations that serve low- and moderate-income residents, and public Council Agenda Report
Community Development and Human Services Committee Funding Recommendations March 18, 2025
infrastructure and parks improvements in low- and moderate-income neighborhoods;
• Decent Housing Availability – Rehabilitation projects for low- to moderate-income affordable rental units and owner-occupied home repair and rehabilitation programs, which focus on assisting low-income individuals, families, and seniors with necessary home repairs, accessibility modifications, and aging-in-place adaptations to remain safely in their homes; and
• Economic Development – Support of programs that provide self-employment training and small business loans.
Funding Process
Advance notice of funding availability was emailed to all agencies that had communicated an interest in applying, applied for funding in the past two funding cycles, and received a current grant. Additionally, an advertisement was published in the Santa Barbara Independent and the Voice, posted on the home page of the City of Santa Barbara’s website and Facebook page, and posted on the Nonprofit Resource Network of Santa Barbara County website. Links to the application website, instructions, informational and educational materials, and Frequently Asked Questions were added to the City website as well.
The grant application period opened on November 12, 2024, and a mandatory Application Workshop for prospective applicants was held on November 14, 2024. Staff provided assistance to applicants who were completing the application and offered feedback on applications that were submitted prior to the deadline. Applications were submitted electronically using a web-based platform.
Fifty-one applications were submitted by the deadline on December 12, 2024. The total requested funding equaled approximately $2.9 million, which exceeded the available funding for Public/Human Service programs and capital projects by more than $1 million dollars.
The application review process spanned January and February. Applications were reviewed by the Community Development Housing and Human Services Committee (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 48-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 interviewed applicants for three nights, and held a fourth meeting to deliberate on the requests before the members calculated their individual scores.
Council Agenda Report
Community Development and Human Services Committee Funding Recommendations March 18, 2025
Committee members also conducted site visits and reviewed the performance reports of applicants that have previously received Human Service/CDBG funds.
Committee members then 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 held on February 18, 2025, 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 score/amount removed, and the resulting amount then divided by the remaining number of members who entered a score.
A three-member CDHSC subcommittee formulated the recommended funding amounts for each application using the applicant’s Olympic score and prior-year funding as a starting point, while considering other important factors such as priority, community need, duplication of services, etc. The full Committee approved the final recommendations on February 25, 2025.
Recommendations
The Committee developed its recommendations in accordance with the Funding Criteria and Priorities previously adopted by Council. A complete list of the Committee’s recommendations, by priority and rating, is included as Attachment 1.
In the Public/Human Services category, the CDHSC is recommending funding for 41 proposals. In the Capital and Economic Development category, five proposals are recommended for funding, resulting in some applicants not receiving award money.
A detailed description of the application process, including funding criteria and priorities, and a complete listing of grant awards for both Human Services and CDBG funds are included in the CDHSC Report on Funding Recommendations. This report is available for public review on the City’s Human Services and CDBG web page located at https://santabarbaraca.gov/services/housing-human-services/cdbg-human-services BUDGET/FINANCIAL INFORMATION:
The Fiscal Year 2026 recommended funds described in this report come from a variety of sources, totaling an estimated $1,872,823:
City Human Services Funds $726,150
CDBG Entitlement Funds $846,418
Prior-Year Unexpended CDBG and CDBG-CV Funds $240,255
CDBG Program Income Funds $60,000
Council Agenda Report
Community Development and Human Services Committee Funding Recommendations March 18, 2025
Total FY26 Recommended Funds $1,872,823
Of the total $1,872,823, the following is available in each funding category:
• Public/Human Service: $881,141
• Capital/Economic Development: $762,398
• CDBG Administration/Fair Housing: $229,284
Staff will return to Council to present CDHSC’s recommendations regarding the continuation of the Fiscal Year 2026 Human Service/Public Service grant awards for Fiscal Year 2027, as well as the CDBG Capital and Economic Development grant awards recommendations for Fiscal Year 2027.
Contingency Plan
Because HUD had not announced the City’s actual Fiscal Year 2026 CDBG allocation at the time the recommendations were developed, the Committee formulated contingency plans in case actual CDBG funds allocated to the City are higher or lower than estimated.
The contingency plan is detailed below.
In the event of increased CDBG funding:
• Public/Human Services – The excess available funds will be distributed equally to the five highest-scoring Priority One applicants who did not already receive full funding and then equally distributed thereafter to the next highest scoring applicants until the excess is depleted.
• Capital – The excess available funds will be equally distributed among all the applicants that did not already receive full funding, excluding the applicants that did not receive any funding. If the increase is more than $35,000, 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 funds will be divided equally among the ten lowest-scoring applicants regardless of priority, and reduced or eliminated, until the deficit is completely depleted. If, as a result of this contingency plan, the recommendation to a particular applicant is less than the City’s $9,000 minimum grant amount, that minimum will be waived.
• Capital – In the event CDBG Funds are decreased, the funds will be taken from the lowest scoring applicant until deficit is eliminated.
If the Federal government completely eliminates the CBDG allocation for this coming fiscal year, staff recommends that the General Fund backfill this funding in accordance with the recommendations of the CDHSC for one fiscal year. This will allow funded Council Agenda Report
Community Development and Human Services Committee Funding Recommendations March 18, 2025
agencies with time to plan for future budget years if the Federal government permanently eliminates this funding.
Copies of the Human Services and Community Development Block Grant agreements are attached.
ATTACHMENTS: 1. Community Development and Human Services Committee Funding Recommendations by Priority and Rating
2. Human Services Grant Agreement Templates
3. CDBG Public Services Grant Agreement Template
4. CDBG Capital Grant Agreement Templates
PREPARED BY: Laura Dubbels, Housing and Human Services Manager SUBMITTED BY: Elias Isaacson, Community Development Director APPROVED BY: Kelly McAdoo, City Administrator
Public Service/Human Service Grants
Organization Name Program Name 2023-2024 Funding
2024-2025
Funding
2025-2026
Request
2026-2027
Request
Score 2025-2026
Recommendation
Priority 1
NBCC dba New Beginnings Safe Parking Shelter and Rapid Rehousing Program $ 45,295 $ 45,166 $ 50,000 $ 50,000 90.67 $ 45,000.00 NBCC dba New Beginnings Community Counseling Clinic Program $ 40,000 $ 39,870 $ 50,000 $ 50,000 88.67 $ 39,700.00 Transition House Family Shelter and Services $ 64,000 $ 63,871 $ 85,000 $ 85,000 88.50 $ 63,700.00 Good Samaritan Shelter Freedom Warming Center $ 24,000 $ 23,870 $ 40,000 $ 40,000 88.50 $ 23,700.00 Showers of Blessing Santa Barbara Shower program—Our Lady of Guadalupe Friday Site $ 18,000 $ 17,871 $ 24,400 $ 24,400 88.25 $ 17,700.00 WillBridge of Santa Barbara WillBridge Permanent Supportive Housing Program N/A N/A $ 40,000 $ 40,000 87.75 $ 17,900.00 Standing Together to End Sexual Assault Standing Together to End Sexual Assault $ 32,000 $ 31,871 $ 33,000 $ 33,000 87.25 $ 31,700.00 St. Vincent's Institution Family Strengthening Program $ 21,600 $ 21,470 $ 80,000 $ 80,000 87.25 $ 21,300.00 De Marillac, LLC. dba Fr. Virgil Cordano Center Fr. Virgil Cordano Center $ 32,000 $ 31,870 $ 80,000 $ 80,000 86.25 $ 31,700.00 Channel Islands YMCA Youth and Family Services - My Home/Street Outreach $ 22,795 $ 22,666 $ 30,000 $ 30,000 86.25 $ 22,500.00 Pacific Pride Foundation LGBTQ+ Bilingual Counseling $ 24,000 $ 23,870 $ 30,000 $ 30,000 85.67 $ 23,700.00 CALM Inc. Trauma Treatment $ 24,000 $ 23,870 $ 79,715 $ 79,715 85.50 $ 23,700.00 Sarah House Santa Barbara Sarah House: Home & Hospice Care N/A N/A $ 40,000 $ 40,000 85.50 $ 17,900.00 Council on Alcoholism and Drug Abuse Adult Residential Treatment Services $ 16,000 $ 15,870 $ 20,000 $ 20,000 85.25 $ 15,700.00 Friendship Adult Day Care Center Continence Care Program NEW NEW $ 18,000 $ 18,000 84.75 $ 9,000.00 Family Service Agency of Santa Barbara County Senior Services $ 24,000 $ 23,871 $ 30,000 $ 30,000 84.50 $ 23,700.00 The Salvation Army, a California corporation Santa Barbara Hospitality House $ 9,000 $ 8,870 $ 20,000 $ 20,000 84.25 $ 9,000.00 Santa Barbara Meals on Wheels Meals on Wheels Santa Barbara NEW NEW $ 30,000 $ 30,000 83.00 $ 13,400.00 Hospice of Santa Barbara Support for Patients with a Life-Threatening Illness $ 16,000 $ 15,870 $ 20,000 $ 20,000 82.33 $ 15,700.00 The Turner Foundation - Since 1958! Transitional Aged Youth NEW NEW $ 36,000 $ 36,000 81.75 $ 16,100.00 Channel Islands YMCA Youth & Family Services - Noah's Anchorage $ 22,795 $ 22,665 $ 30,000 $ 30,000 81.50 $ 22,500.00 Partners in Housing Solutions PHS Santa Barbara Program $ 24,000 $ 23,870 $ 30,000 $ 30,000 79.00 $ 20,100.00 Hillside Community Access and Integration $ 40,000 $ 39,870 $ 60,000 $ 60,000 78.25 $ 33,700.00 Peoples' Self-Help Housing Corporation Supportive Housing Program, Victoria Hotel & Heath House N/A N/A $ 20,000 $ 20,000 77.25 $ 9,000.00 PATH Community-Based Street Outreach $ 37,000 $ 36,870 $ 125,000 $ 125,000 77.00 $ 31,200.00 Santa Barbara Neighborhood Clinics Integrated Healthcare $ 32,695 $ 32,567 $ 100,000 $ 100,000 77.00 $ 27,500.00 Organic Soup Kitchen Basic Needs: Nutrition and Food Security $ 28,000 $ 27,870 $ 65,000 $ 65,000 76.75 $ 23,500.00 District Atty Office of Santa Barbara Sexual Assault Response Team (SART) $ 9,000 $ 8,870 $ 9,000 $ 9,000 76.75 $ 9,000.00 Mental Health Association Mental Healthcare Services $ 10,278 $ 10,148 $ 35,000 $ 35,000 76.00 $ 9,000.00 Priority 2
SBC Immigrant Legal Defense Center Urgent Legal Services $ 22,400 $ 22,270 $ 37,000 $ 37,000 92.33 $ 22,240.70 Family Service Agency of Santa Barbara County Long-Term Care Ombudsman $ 24,000 $ 23,870 $ 30,000 $ 30,000 87.75 $ 23,700.00 United Boys & Girls Clubs Academic Support at Westside Club $ 36,295 $ 36,166 $ 20,000 $ 20,000 87.00 $ 19,900.00 Family Service Agency of Santa Barbara County Family Resource Center $ 21,000 $ 20,870 $ 30,000 $ 30,000 86.50 $ 20,700.00 Friendship Adult Day Care Center Adult Day Program $ 12,000 $ 11,870 $ 22,000 $ 22,000 85.25 $ 11,700.00 Freedom 4 Youth Culinary Training Program NEW NEW $ 69,855 $ 69,855 84.75 $ 31,300.00 Santa Barbara Police Activities League Youth Leadership Council N/A N/A $ 10,000 $ 10,000 84.25 $ 9,000.00 Santa Barbara Police Activities League Life After High School Academy N/A N/A $ 20,000 $ 20,000 83.50 $ 9,000.00 Transition House Homelessness Prevention Program $ 14,000 $ 13,870 $ 15,000 $ 15,000 83.25 $ 13,700.00 Independent Living Resource Center, Inc Community Living/Transition Services $ 10,500 $ 10,370 $ 25,000 $ 25,000 83.00 $ 10,200.00 Girls Inc. of Greater Santa Barbara Lunchtime Club NEW NEW $ 30,000 $ 30,000 81.25 $ 14,900.00 Independent Living Resource Center, Inc. Youth Transition Services NEW NEW $ 53,276 $ 53,276 80.33 $ 26,500.00 AHA! Social Emotional Learning for Teens, Teachers, and Parent N/A N/A $ 15,000 $ 15,000 77.50 CAC, DBA: CommUnify 211 Helpline $ 9,000 $ 8,870 $ 30,000 $ 30,000 76.25 Mission Scholars College Access Program NEW NEW $ 25,000 $ 25,000 73.75 Ceylon International Film Festival Foundation Ceylon International Film Festival NEW NEW $ 150,000 $ 150,000 42.75 Total 45 $ 1,892,246 $ 881,140.70
Attachment 1
CDBG - Capital and Economic Development
Organization Name Project/Program Name Type Request Olympic Score Recommend Mental Health Association Casa Juana Maria Board and Care Housing Housing Rehab $ 65,000 WITHDRAWN N/A Habitat for Humanity Home Repair Program Housing Rehab $ 75,000.00 90.5 $ 75,000.00 Cliff Drive Care Center, Inc Trash Enclosure Replacement Public Facility $ 225,000 81.75 $ 225,000.00 Parks and Recreation Department Westside Community Center Parking Lot Public Facility $ 150,000.00 78 $ 150,000.00 Parks and Recreation Department Plaza Vera Cruz Community Building Renovation Public Facility $ 348,250 70 $ 312,398.49 Upwards Care, Inc. Boost Econ Dev $ 184,000.00 66 $ -
Total 6 $ 1,047,250.00 $ 762,398.49
AGREEMENT NO. {{IDIS_ContractNumber}}
AGREEMENT FOR USE OF CITY OF SANTA BARBARA HUMAN SERVICE FUNDS THIS GRANT AGREEMENT (“Agreement”) is entered into this 1st day of July, 2025 by and between:
CITY OF SANTA BARBARA, a municipal
corporation, hereinafter referred to as "City".
and
{{OrgContactInfo_OrgName}}, a California Nonprofit, hereinafter referred to as "Agency" RECITALS:
WHEREAS, City of Santa Barbara General Fund dollars have been made available to be expended at the discretion of the City; (hereinafter referred to as "Human Service Funds"); WHEREAS, Agency submitted a proposal for funding to City Council consistent with the City-adopted priority criteria and deemed a highly desirable public service by the City Council; and WHEREAS, City Council has found and determined that Agency is operated for the betterment of the people living in and around the City of Santa Barbara.
NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
1. TERM
1.1 The effective date of this Agreement is July 1, 2025 (“Effective Date”). The termination date is June 30, 2026 (“Termination Date”) unless sooner terminated as herein provided.
1.2 If upon Termination Date any Human Service Funds remain unspent by Agency, said Human Service Funds shall automatically be returned to the City’s General Fund.
1.4 The Community Development Director, or Designee, is authorized to approve, in writing, at his or her sole discretion, an amendment hereto, to extend this Agreement for an additional term of one year; provided (i) continued appropriation of grant funds in an amount equal to the first year funding is allocated in City’s annual budget, (ii) HUD’s approval of that year’s Annual Action Plan, and (iii) determination, at City’s sole discretion, of Agency’s satisfactory performance.
2. USE OF FUNDS
2.1 Subject to terms and conditions contained herein, City agrees to provide Human Service Funds to Agency in the amount of {{Funding_TotalAmount}} ({{Funding_TotalAmount_Spelled}} and {{Funding_TotalAmount_Cents}}/100 dollars) for purposes described in Program Goals and Measurable Outcomes statement attached hereto as Exhibit "A" and incorporated herein by reference as though set forth in full and hereinafter referred to as the "Program".
Attachment 2
Agreement No. {{IDIS_ContractNumber}}
2.2 Agency further agrees that Human Service Funds for said Program are to be used for allowable expenditures in the manner specified in the Program Budget Summary, attached hereto as Exhibit "B" and incorporated herein by this reference as though set forth in full.
2.3 In the event that Agency desires to use Human Service Funds provided for herein for purposes other than those provided in Exhibits “A” and "B," Agency shall first submit to the City its written request for the City’s consent to change the use of Human Service Funds.
3. DISBURSEMENTS AND REPORTS
3.1 Commencing upon the Effective Date, Agency shall receive quarterly disbursements of Human Service funds, as outlined in the Schedule of Disbursements and Reporting Requirements attached hereto as Exhibit "C" and incorporated herein by this reference as though set forth in full.
3.2 The first quarterly disbursement shall be made upon satisfaction of the following four (4) conditions:
a. City Council authorizes execution of this Agreement; and b. Agreement is mutually executed by Agency and City; and c. Agency has submitted to the City an acceptable certificate of insurance pursuant to Section 13 of this Agreement; and
d. Agency has submitted, and City has accepted, all the required funding application attachments, including but not limited to, Board of Director’s minutes, audits and/or financial statements, and Federal Tax Return form 990.
3.3 Each quarterly disbursement following the first quarterly disbursement shall be made upon Agency performance of its Program as evidenced by a completed Quarterly Performance Report (Quarterly Report), submitted to the City not later than twenty-five (25) days after the end of the quarter in accordance with the schedule and conditions provided in Exhibit “C”.
3.4 Agency shall provide the following information in the Quarterly Report form as provided by the City:
a. Accomplishments in Outputs and Outcomes relative to the Program Goals and Measurable Outcomes as shown on Exhibit "A". “Outputs” shall be defined as the number of clients receiving a specific service by Agency. “Outcomes” shall be defined as the expected change or result the client will experience from receiving Agency’s service outputs; and
b. Client demographics, including but not limited to: age, ethnicity, gender, geographic area and income; and
c. Program narrative; and
d. Financial information documenting and verifying expenditures of Human Service Funds incurred during the quarter in an amount equal to, or greater than, the quarterly disbursement amount, and where applicable, a salary report form.
Agreement No. {{IDIS_ContractNumber}}
3.5 City staff must have reviewed and approved Agency’s submitted Quarterly Report prior to each disbursement of Human Service Funds after the first quarterly disbursed installment.
4. AGENCY TO MAINTAIN RECORDS
Agency shall keep accurate, written records of all expenses incurred by it and of monies received by it and of all studies, statistics and reports made or issued by Agency in conducting the Program. In particular, Agency shall keep all records and documents as may be necessary to enable the City to determine if the Human Service Funds to be disbursed pursuant to this Agreement have been or are being used in compliance with the City's requirements and policies relating to Human Service Funds. At City's request, Agency shall furnish City with a copy of any record(s) maintained by Agency pursuant to the terms of this Agreement. Agency shall maintain all such records for at least five (5) years after the termination of this Agreement.
5. AUDIT OF AGENCY'S RECORDS AND FINANCIAL MANAGEMENT
5.1 Agency shall comply with the financial management requirements listed in the Financial Management Acknowledgement, attached hereto as Exhibit "D" and incorporated herein as though set forth in full. Agency shall notify City by writing, within ten (10) business days of any changes in accounting personnel or procedures stated in Exhibit “D”.
5.2 City shall have the right to audit and review all records maintained by Agency pursuant to the terms of this Agreement. Any such audit and review may be conducted at any time during Agency's regular business hours.
5.3 Agency also agrees to prepare, and submit to the City upon request, a year-end financial report of its total income and expense as prescribed below, within six-months following Agency's fiscal year end:
5.3.1 A financial audit shall be required if Agency’s annual budget revenues exceeds $2 million.
5.3.2 A financial review shall be required if Agency’s annual revenues are between $500,000 and $1.99 million. The financial audit and review shall be prepared by an Independent Certified Public Accountant.
5.3.3 A financial compilation shall be required if Agency’s annual revenues are less than $499,999. The financial compilation may be prepared by an accountant or bookkeeper affiliated with Agency. Said accountant or bookkeeper shall disclose his or her affiliation to Agency.
6. SOURCE AND AVAILABILITY OF HUMAN SERVICE FUNDS
Agency acknowledges that the Human Service Funds being used for the purposes of this Agreement are funds subject to an annual City budget appropriation and allocation by the City Council of the City of Santa Barbara. Agency agrees that in the event the Human Service Funds made available by the City Council are not sufficient to enable City to make any or all payments otherwise provided for in this Agreement, City shall incur no liability to Agency, its officers, agents, employees, suppliers or contractors for failure to make, or for any delay in making, any such payments, as provided for in Agreement No. {{IDIS_ContractNumber}}
this Agreement. Agency hereby indemnifies and holds the City harmless from any liability or damage resulting from any such failure to make, or delay in making, any such payments. City and Agency agree that if the City's FY 2025-2026 Human Services Funds are decreased or eliminated before the end of FY 2025-2026, this Agreement shall be reduced accordingly based on the available Human Services Funds.
7. COMPLIANCE WITH LAWS AND REGULATIONS
Agency agrees that it shall comply with all federal, state and city laws and regulations applicable to the Program to be conducted hereunder.
8. LICENSES AND PERMITS
Agency shall obtain and maintain, at Agency's own expense, any and all licenses and permits necessary to conduct the Program and to maintain the facilities and render the services proposed to be maintained or rendered in connection with the Program.
9. EVENTS OF DEFAULT
This Agreement shall be in default upon the occurrence of any of the following events (hereinafter an “Event of Default”):
9.1 FAILURE TO USE HUMAN SERVICE FUNDS AS INTENDED -- Agency’s failure to use Human Service funds for purposes that qualify for expenditures in accordance with Exhibit B.
9.2. USE OF GRANT FUNDS FOR UNAUTHORIZED PURPOSES -- Agency’s incurring of obligations or making of expenditures for purposes which do not constitute authorized expenditures in accordance with Exhibit B, or for purposes which are not permitted or are prohibited under the terms of this Agreement.
9.3 BANKRUPTCY OR INSOLVENCY -- Agency’s filing a petition under the Bankruptcy Act (11 USCA 1, et seq.) or taking or committing any act preparatory to the filing of any such petition or becoming or being insolvent or committing any other act of bankruptcy or insolvency.
9.4 DEFAULT UNDER AGREEMENT -- Agency's breach of the covenants or obligations under this Agreement.
9.5 FAILURE TO MAINTAIN INSURANCE COVERAGE -- Agency’s failure to maintain insurance coverage as specified in Section 13 herein.
10. RIGHTS AND OBLIGATIONS UPON DEFAULT
10.1 REMEDIES UPON OCCURENCE OF DEFAULT-- Upon the occurrence of an Event of Default, the City shall have the right to terminate this Agreement and demand that Agency reimburse to City an amount equal to one hundred percent (100%) of any and all amounts expended, including interest accrued at the legal rate of interest. Agency shall pay such amount due to City within 120 days of the City written demand.
10.2 REIMBURSEMENT FOR IMPROPER EXPENDITURES -- If within five (5) years after the Termination Date of this Agreement, it is determined by City that Human Service Funds Agreement No. {{IDIS_ContractNumber}}
provided under the terms of this Agreement have been used by or on behalf of Agency for purposes which do not qualify as expenditures pursuant to Exhibit “B”, or have been used in a manner or for a purpose not authorized by this Agreement, Agency shall, at City’s request, pay to City an amount equal to one hundred percent (100%) of any amount expended for unauthorized expenses, including interest accrued on such amounts at the legal rate of interest within 120 days of the City request.
10.3 NOTICE OF DEFAULT -- Upon the occurrence of an Event of Default, City shall notify Agency in writing of such occurrence, including a description of the Event of Default.
10.4 CURE -- Agency shall be entitled to a period of time in order cure an Event of Default not to exceed thirty (30) days from the date on which the notice described in the preceding paragraph is delivered to Agency, or, if the Event of Default cannot reasonably be cured in 30 days, then Agency shall have reasonably commenced the cure within 30 days and diligently pursue the cure until its completion but in no event exceeding a period of ninety (90) days; provided in order to cure an Event of Default, Agency shall be required to reimburse City, within such thirty-day period, for all reasonable expenses incurred by City in exercising its rights in connection with any such default.
If Agency so cures any default, then this Agreement shall be reinstated and shall remain in full force and effect as if such default had not occurred.
11. CITY'S RIGHT TO TERMINATE AGREEMENT
City shall have the right to terminate this Agreement at any time, with or without cause, by giving Agency thirty (30) days' prior written notice of City's intent to terminate this Agreement; provided, that upon such termination, City shall pay all obligations incurred by Agency prior to the date of such termination which are for allowable expenditures and which are authorized under the terms of the Program and of this Agreement.
12. DEFENSE, INDEMNITY AND HOLD HARMLESS
12. HOLD HARMLESS AND INDEMNIFICATION -- As an essential part of the consideration for this Agreement, Agency shall, to the extent permitted by law, investigate, defend, indemnify, and hold harmless the City and its officers, employees, and agents, from and against any and all loss, damage, liability, claims, demands, detriments, costs, charges, and expenses (including reasonable attorneys' fees), and causes of action of whatsoever character, which the City may incur, sustain, or be subjected to, arising out of or in any way connected with this Agreement.
12.2 The direction, review, acceptance or approval of the Agency’s work or work product by any indemnified party shall not affect, relieve or reduce the Agency’s indemnification or defense obligations.
12.3 This Section survives completion of the services or the termination of this contract. The provisions of this Section are not limited by and do not affect the provisions of this contract relating to insurance.
13. INSURANCE
Agency shall maintain insurance as specified under Exhibit G.
Agreement No. {{IDIS_ContractNumber}}
14. 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.
15. ASSIGNMENT AND SUBCONTRACTING
Agency shall not assign, delegate, sub-contract, sub-grant, transfer, charge or otherwise dispose of all or any of its rights or obligations under this Agreement, or any monies payable hereunder, without the prior written consent of the City, which consent may be withheld in the City’s sole and absolute discretion. If the City provides consent, Agency shall incorporate or cause to be incorporated all applicable federal, state and local requirements provided for in this agreement and any such subcontract or agreement shall be subject to City prior review.
16. NONDISCRIMINATION
Agency agrees to comply in all respects with the nondiscrimination certificate entitled Nondiscriminatory Employment Certificate (SBMC 9.126), attached hereto as Exhibit "E" and incorporated herein by reference as though set forth in full.
17. POLITICAL USES PROHIBITED
Agency shall not use any of the Human Service Funds allocated to it by City Council pursuant to this Agreement, for the support of any political candidates, for the furtherance of any political issues or causes, or for any other political purposes whatsoever.
18. NOTICES
Communication and details concerning this Agreement shall be in writing and sent via US Mail and directed to the addressed as follows:
{{OrgContactInfo_ExecDirectorFName}}
{{OrgContactInfo_ExecDirectorLName}}
City of Santa Barbara
Executive Director Community Development Department
{{OrgContactInfo_OrgName}} Housing and Human Services Division {{OrgContactInfo_MailingAddress_Address_12}} P.O. Box 1990 {{OrgContactInfo_MailingAddress_Address_CSZ}} Santa Barbara, CA 93102-1990
19. SECTION HEADING
The section headings contained herein are for convenience and reference only and are not intended to define or limit the scope of this Agreement.
20. BUDGET RESCISSIONS
Agreement No. {{IDIS_ContractNumber}}
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.
21. AGENCY TRANSPARENCY
Agency shall fully complete Exhibit “F”, incorporated herein as though set forth in full, and return to City the total annual compensation of the top five (5) management or executive employees, by title only, in compliance with City Council direction.
22. CORPORATE AUTHORITY
The person(s) executing this Agreement on behalf of each of the parties hereto represent and warrant that (i) such party, if not an individual, is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party (iii) by so executing this Agreement such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provisions of any other agreement to which such party is bound.
23. EXECUTION
This contract may be executed in any number of original counterparts. The contract will be effective when all parties have executed the same counterpart, or each party has executed separate counterparts and has delivered a copy of the signature page of the counterpart to the other party. Upon execution by all of the parties, the counterparts shall constitute one and the same contract. Counterparts or signature pages may be delivered via delivery of an original or duplicate in person or by mail, or a duplicate, including scanned copy, in an electronic format, including transmission by electronic mail, secure Internet drop-box, facsimile, or similar other standard interchange format capable of reproduction and storage.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed, the day and year first above written.
City of Santa Barbara
A Municipal Corporation
{{OrgContactInfo_OrgName}}
Agreement No. {{IDIS_ContractNumber}}
By: By:
Elias Isaacson
Community Development Director
Name:
{{OrgContactInfo_ExecDirectorF
Name}}
{{OrgContactInfo_ExecDirectorL
Name}}
Title: Executive Director
APPROVED AS TO CONTENT:
Laura Dubbels
Community Development Housing &
Human Services Manager
Name: Click here to enter text.
President of the Board of Directors
APPROVED AS TO FORM:
Sarah J. Knecht City Attorney
APPROVED AS TO INSURANCE:
Mark Howard
Risk Manager
ATTEST:
Sarah Gorman
City Clerk
Exhibit A
PROGRAM GOALS AND MEASURABLE OUTCOMES
A-1
Agency: {{OrgContactInfo_OrgName}} Agreement No: {{IDIS_ContractNumber}} PROGRAM NAME: {{Case_Name}}
TARGET POPULATION: {{ProjectInformation_TargetPopulation}} PROGRAM OUTPUTS – Number of Persons receiving service, i.e. meals served, clients counseled, meetings held, etc.
Output Goal Annual
Goal #
1. {{Measurables_Output1Description}} «GOAL_1»
2. {{Measurables_Ouput2Description}} «GOAL_2»
3. {{Measurables_Output3Description}} «GOAL_3»
MEASURABLE OUTCOMES – The expected change or result client will experience from program outputs.
Outcome Measure Outcome
Goal %
1. {{Measurables_Outcome1Detail}} «MO_1_GOAL»
2. {{Measurables_Outcome2Detail}} «MO_2_GOAL»
3. {{Measurables_Outcome3Detail}} «MO_3_GOAL»
Exhibit A
PROGRAM GOALS AND MEASURABLE OUTCOMES
A-2
Agency: {{OrgContactInfo_OrgName}} Agreement No: {{IDIS_ContractNumber}}
CLIENT DEMOGRAPHICS
EX. LOW INCOME (0-30% MFI) {{ClientData_PeopleServedExtLow Income2223}}
LOW INCOME (31-50% MFI) {{ClientData_PeopleServedwithLo wIncome2223}}
MODERATE (51-80% MFI) {{ClientData_PeopleServedModIn
come2223}}
ABOVE MODERATE (81%+MFI) {{ClientData_PeopleServedAbove ModIncome2223}}
ANNUAL UNDUPLICATED CLIENTS: {{ClientData_TotalUnduplicated}} Exhibit B
PROGRAM BUDGET SUMMARY
B-1
Agency: {{OrgContactInfo_OrgName}} Agreement No: {{IDIS_ContractNumber}}
REVENUE
Revenue Sources Amount
City of Santa Barbara Human Services {{Funding_TotalAmo unt}}
Other City/County Funds Click here to enter text.
State Federal Funds Click here to enter text.
Foundations/Trusts Click here to enter text.
Donations Click here to enter text.
Client Fees Click here to enter text.
In-Kind Click here to enter text.
Other Click here to enter text.
Total Revenues Click here to enter text.
EXPENSES
Expenses Amount City SB HS Funds $
Salaries, Benefits, Payroll Taxes* Click here to enter text. Click here to enter text.
Consultants and Contracts Click here to enter text. Click here to enter text.
Facility, Utilities, Maintenance Click here to enter text. Click here to enter text.
Telephone Click here to enter text. Click here to enter text.
Supplies Click here to enter text. Click here to enter text.
Postage & Shipping Click here to enter text. Click here to enter text.
Marketing (Printing, Advertising) Click here to enter text. Click here to enter text.
Travel, Mileage, Training Click here to enter text. Click here to enter text.
Insurance Click here to enter text. Click here to enter text.
Other Click here to enter text. Click here to enter text.
Total Expenses Click here to enter text. Click here to enter text.
Use of Funds: {{ProjectInformation_SpecificProgCosts}}
*Salaries - (List all staff to whom Human Service Funds are allocated):
Position/Title Name Human Services Amount
Click here to enter text. Click here to enter text. Click here to enter text.
Click here to enter text. Click here to enter text. Click here to enter text.
Click here to enter text. Click here to enter text. Click here to enter text.
Click here to enter text. Click here to enter text. Click here to enter text.
Exhibit C
SCHEDULE OF DISBURSEMENTS AND REPORTS
C-1
Agency: {{OrgContactInfo_OrgName}} Agreement No: {{IDIS_ContractNumber}} Human Services Reports are due within 25 days after the end of the quarter. If the 25th falls on a weekend or holiday, the due date is the last business day prior to the 25th.
The reporting periods are as follow:
Reporting Period Report Due
1st Qtr. July 1 – Sept. 30 October
2nd Qtr. Oct. 1 – Dec. 31 January
3rd Qtr. Jan. 1 – March 31 April
4th Qtr. April 1 – June 30 July
Agreement Term Ends-June 30, 2026
Human Services Funds are disbursed in quarterly installments, contingent upon conditions set forth in Section 3 of this Agreement, according to the schedule below:
Installment No. Est. Payment Date Quarterly Amount
1 Upon City’s Execution of Grant Agreement {{IDIS_DisbursementPerQ uarter}}
2 Upon Review and Approval of Q1 Report {{IDIS_DisbursementPerQ uarter}}
3 Upon Review and Approval of Q2 Report {{IDIS_DisbursementPerQ uarter}}
4 Upon Review and Approval of Q3 Report {{IDIS_DisbursementPerQ uarter}}
Total Allocation {{Funding_TotalAmount}}
Exhibit C
SCHEDULE OF DISBURSEMENTS AND REPORTS
C-2
Agency: {{OrgContactInfo_OrgName}} Agreement No: {{IDIS_ContractNumber}}
REQUIREMENTS FOR DOCUMENTATION OF EXPENDITURES
The financial section of AGENCY’S Quarterly report is the document used to report program-related expenditures and to request quarterly disbursement of City Human Service funds. The Quarterly Report shall be signed and dated, certifying its accuracy, by an individual with fiscal responsibility for the Agency.
SOURCE DOCUMENTATION – All Human Service grant expenditures shall be supported by source documentation. The source documentation shall explain the basis of the costs incurred, as well as show the actual dates and amount of expenditures.
Complete and accurate documentation that supports each request for quarterly disbursement of Human Service Funds shall be attached. The documentation shall be:
• Detailed – All program-related expenditures shall be evidenced by an invoice (or equivalent document) and evidence of payment.
• Clearly Marked – All submitted documentation shall be clearly marked to indicate which expenditures relate specifically to the grant and the applicable dollar amount on the receipt.
The dollar amount shall be circled or highlighted.
• Summarized – Summary listings shall be provided if there are extensive receipts and documents.
PAYROLL EXPENDITURES – The specific program activity and amount of staff time charged to Human Service funds shall be clearly identified. If an employee’s time is split between Human Service funds and another funding source, time and activity distribution records supporting the actual staff activity and time charged to Human Service funds shall be submitted. Canceled checks from the employees, insurance provider, etc., or evidence of direct deposits shall be provided to document the actual outlay of Human Service Funds.
VERIFICATION OF CLIENT INCOME – Agency shall obtain sufficient detailed evidence to verify that the client benefiting from Human Service Funds has income to qualify as Low-Moderate Income.
Total household income from all sources shall be less than 80% of Area Median Income adjusted by household size. Said documentation shall be available for the City’s review upon request.
Exhibit D
FINANCIAL MANAGEMENT ACKNOWLEDGEMENT
D-1
Agency: {{OrgContactInfo_OrgName}} Agreement No: {{IDIS_ContractNumber}} A. ACCOUNTING Initials
1. Agency will maintain written accounting procedures.
2. A clear audit trail will be maintained for each Quarterly Report.
3. Print name and affix signature of responsible party to receive and deposit City checks:
Name: Click here to enter text. Signature:
4. Two signatures are required on Human Service funds expense checks. Print names and affix signatures of those responsible for signing checks (attach additional sheet if necessary):
Name: Click here to enter text. Signature:
Name: Click here to enter text. Signature:
5. Print name and affix signature of who will be responsible for the preparation of the fiscal reports and Human Service funds claims:
Name: Click here to enter text. Signature:
6. If bookkeeping is handled by an outside firm, give name and address:
Firm name: Click here to enter text. Address: Click here to enter text.
7. In what bank are you depositing your Human Services funds? Bank Account Name: Click here to enter text.
Account Number: Click here to enter text.
Branch Address: Click here to enter text.
8. Name of responsible person to review cash
reconciliations?
Name: Click here to enter text.
9. Financial status reports are submitted to Agency Board of Directors:
Monthly Quarterly Bi-Annually Annually Other (specify): Click here.
B. CASH RECORDS Initials
1. Checks will be pre-printed and pre-numbered.
2. Voided checks will be accounted for and kept on record.
3. Grant claims will be backed by invoices and marked to avoid resubmission.
Exhibit D
FINANCIAL MANAGEMENT ACKNOWLEDGEMENT
D-2
Agency: {{OrgContactInfo_OrgName}} Agreement No: {{IDIS_ContractNumber}} C. PAYROLL Initials
1. Agency will keep timesheets.
2. Employee and supervisor will sign timesheets.
3. Timesheets will correspond with payroll periods.
4. Timesheets will indicate daily time worked.
5. Payrolls will be approved by an authorized person.
6. Payroll register or earnings record will be kept.
7. Cumulative Records will be kept.
8. Employee files will be kept containing:
W-4 form
Authorized Deductions
Work History
Employment Application
9. Copies of federal depository receipts and quarterly reports must be kept. State how often deposit withholdings are deposited in a federal depository:
Monthly Quarterly Bi-Annually Annually Other (specify): Click here.
D. AUDIT Initial applicable row
Agency will obtain annual financial audit (revenues over $2 million) Agency will obtain annual financial review (revenues between $500,000 and $1.99 mil.) Agency will obtain annual financial compilation (for revenues $499,999 or less) Auditor Name: Click here to enter text. Auditor Address: Click here to enter text.
Phone: Click here to enter text. Email: Click here to enter text.
E. MISC.
Agency IRS No.: Click here to enter text. Agency State I.D.: Click here to enter text.
Agency DUNS No.: Click here to enter text.
I hereby certify that Agency will comply with the requirements of Exhibit D identified above in accordance with Section 5 of this Agreement.
Signature Title
Exhibit E
NONDISCRIMINATORY EMPLOYMENT CERTIFICATE
Department: {{OrgContactInfo_OrgName}} Agreement No: {{IDIS_ContractNumber}} E-1
S.B.M.C. 9.126
9.126.010 Certificate Generally.
Consistent with a policy of non-discrimination in employment on contracts of the City of Santa Barbara and in furtherance of the provisions of Sections 1735 and 1777.6 of the California Labor Code, a "Contractor's Obligation for Nondiscriminatory Employment Certificate" as hereinafter set forth shall be attached and incorporated by reference as an indispensable and integral term of all bid specifications and contracts of the City for purchases, services, and the construction, repair, or improvement of public works. (Ord. 3500 §1(part), 2072.)
9.126.020 Contents of Certificate.
The "contractor's obligation for non-discriminatory employment" is as follows:
In performing the work of this contract, the Contractor agrees as follows:
(1) The Contractor will not discriminate against any employee or applicant for employment because of race, creed, color, national origin, ancestry, sexual orientation, political affiliation or beliefs, sex, age, physical handicap, medical condition, marital status or pregnancy (as those terms are defined by the California Fair Employment and Housing Act -- Government Code Section 12900-12996), except where such discrimination is based on a bona fide occupational qualification. The Contractor will take positive action or ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color, national origin, ancestry, sexual orientation, political affiliation or beliefs, sex, age, physical handicap, medical condition, marital status or pregnancy (as those terms are defined by the California Fair Employment and Housing Act -- Government Code Section 12900-12996), except where such discrimination is based on a bona fide occupational qualification. Such action shall include but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the City setting forth the provisions of this non-discrimination clause. (2) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, national origin, ancestry, sexual orientation, political affiliation or beliefs, sex, age, physical handicap, medical condition, marital status or pregnancy (as those terms are defined by the California Fair Employment and Housing Act -- Government Code Section 12900-12996), except where such discrimination is based on a bona fide occupational qualification. (3) The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the City advising the said labor union or worker's representative of the Contractor's commitments under this provision, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The Contractor will permit access to his records of employment, employment advertisements, application forms, and other pertinent data and records by the City, the Fair Employment Practices Commission, or any other appropriate agency of the State designated by the City for the purposes of investigation to ascertain compliance with the Contractor's obligation for non-discriminatory employment provisions of this contract, or Fair Employment Practices statute. (5) A finding of willful violation of the non-discriminatory employment practices article of this contract or of the Fair Employment Practices Act shall be regarded by the City as a basis for determining that as to future contracts for which the Contractor may submit bids, the Contractor is a "disqualified bidder" for being "non-responsible".
The City shall deem a finding of willful violation of the Fair Employment Practices Act to have occurred upon receipt of written notice from the Fair Employment Practices Commission that it has investigated and determined that the Exhibit E
NONDISCRIMINATORY EMPLOYMENT CERTIFICATE
Department: {{OrgContactInfo_OrgName}} Agreement No: {{IDIS_ContractNumber}} E-2
Contractor has violated the Fair Employment Practices Act and has issued an order under Labor Code Section 1426 or obtained an injunction under Labor Code Section 1429.
Upon receipt of any such written notice, the City shall notify the Contractor that unless he demonstrates to the satisfaction of the City within a stated period that the violation has been corrected, he shall be declared a "disqualified bidder" until such time as the Contractor can demonstrate that he has implemented remedial measures, satisfactory to the City, to eliminate the discriminatory employment practices which constituted the violation found by the Fair Employment Practices Commission.
(6) Upon receipt from any person of a complaint of alleged discrimination under any City contract, the City Administrator shall ascertain whether probable cause for such complaint exists. If probable cause for the complaint is found, the Administrator shall request the City Council to hold a public hearing to determine the existence of a discriminatory practice in violation of this contract.
In addition to any other remedy or action provided by law or the terms of this contract, the Contractor agrees, that should the City Council determine after a public hearing duly noticed to the Contractor that the Contractor has not complied with the non-discriminatory employment practices provisions of this contract or has willfully violated such provisions, the City may, without liability of any kind, terminate, cancel or suspend this contract, in whole or in part. In addition, upon such determination the Contractor shall, as a penalty to the City, forfeit a penalty of $25.00 for each calendar day, or portion thereof, for each person who was denied employment as a result of such non-compliance. Such moneys shall be recovered from the Contractor. The City may deduct any such penalties from any moneys due the Contractor from the City. (7) The Contractor certifies to the City that he has met or will meet the following standards for positive compliance, which shall be evaluated in each case by the City:
(a) The Contractor shall notify all supervisors, foremen and other personnel officers in writing of the content of the non-discrimination provision and their responsibilities under it. (b) The Contractor shall notify all sources of employee referrals, (including unions, employment agencies, advertisements, Department of Employment) of the content of the non-discrimination provision. (c) The Contractor shall file a basic compliance report as required by the City. Willful false statements made in such reports shall be punishable as provided by law. The compliance report shall also specify the sources of the work force and who has the responsibility for determining whom to hire, or whether or not to hire. (d) The Contractor shall notify the City of opposition to the non-discrimination provision by individuals, firms or organizations during the period of this contract.
(8) Nothing contained in this Contractor's Obligation for Non-discriminatory Employment Certificate shall be construed in any manner to prevent the City from pursuing any other remedies that may be available at law. (9) (a) In the performance of the work under this contract, the Contractor will include the provisions of the foregoing paragraphs (1) through (8) in all subcontracts and in any supply contract to be performed within the State of California, so that such provisions will be equally binding upon each subcontractor and each supplier. (b) The Contractor will take such action with respect to any subcontract or purchase order as the City may direct as a means of enforcing such provisions including sanctions for non-compliance; provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction by the City, the Contractor may request the City to enter into such litigation to protect the interests of the City. (Ord. 4465, 2087; Ord. 3500 §1(part), 2072.
Exhibit F
EXECUTIVE/MANAGEMENT COMPENSATION
F-1
Department: {{OrgContactInfo_OrgName}} Agreement No: {{IDIS_ContractNumber}} Provide the total annual compensation (salary and benefits) of the top five (5) management and/or executive employees, by title only, in compliance with Section 16.27 of this Agreement.
EXECUTIVE/MANAGEMENT COMPENSATION
Title Total Compensation
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
Exhibit G
INSURANCE
G-1
Insurance Requirements
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.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
A.Commercial General Liability (CGL): Insurance Services Office (ISO) 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.
B.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.
If the Agency maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage for and/or the higher limits maintained by the Vendor/Consultant.
Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
Self-Insured Retentions
Self-insured retentions (SIRs) 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 SIR 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 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
OTHER INSURANCE PROVISIONS
The insurance policies shall contain, or be endorsed to contain, the following provisions:
Additional Insured Status
The City of Santa Barbara, its officers, officials, employees, volunteers, and agents, shall be covered as additional insureds on the CGL 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 Revised September 2024
Exhibit G
INSURANCE
G-2
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.
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 polici es.
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.
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.
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 non -contributory, additional insured, 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 CGL 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.
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 claims- made 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.
Revised September 2024
Exhibit G
INSURANCE
G-3
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.
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.
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.
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.
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.
Revised September 2024
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, 2025 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, 2025 (“Effective Date”). The termination date is June 30, 2026 (“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.
Attachment 3
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 2025-2026 CDBG or Human Service funds are decreased or eliminated before the end of Fiscal Year 2025-2026, 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
Agency shall maintain insurance as specified under Exhibit G.
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 Agreement No. «Contract_»
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,” 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 Agreement No. «Contract_»
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 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, Agreement No. «Contract_»
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 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 Agreement No. «Contract_»
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 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
Agreement No. «Contract_»
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
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 Agreement No. «Contract_»
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), 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.
Agreement No. «Contract_»
20. BONUS, COMMISSION OR FEE
Agency will not pay any bonus, commission, or fee for the purpose of obtaining approval of this Agreement, or any other approval or concurrence requirement by City or its designee to complete the work financed in whole or in part with the proceeds of this Agreement.
21. INTEREST OF PUBLIC BODY PERSONNEL AND OTHER LOCAL PUBLIC
OFFICIALS
No member of the governing body of the City of Santa Barbara who exercises any functions or responsibilities in connection with the administration of the City's CDBG Program within the City limits of the City of Santa Barbara and no officer or employee who exercises such functions or responsibilities shall have any interest, direct or indirect, in the proceeds of this Agreement, or in any contract entered into by Agency for the performance of work financed in whole or in part with the proceeds of this Agreement.
22. NOTICES
Communication and details concerning this Agreement shall be in writing and sent via US Mail and directed to the addressed as follows:
{{OrgContactInfo_ExecDirectorFName}}
{{OrgContactInfo_ExecDirectorLName}}
City of Santa Barbara
{{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
Agreement No. «Contract_»
This contract may be executed in any number of original counterparts. The contract will be effective when all parties have executed the same counterpart, or each party has executed separate counterparts and has delivered a copy of the signature page of the counterpart to the other party. Upon execution by all of the parties, the counterparts shall constitute one and the same contract. Counterparts or signature pages may be delivered via delivery of an original or duplicate in person or by mail, or a duplicate, including scanned copy, in an electronic format, including transmission by electronic mail, secure Internet drop-box, facsimile, or similar other standard interchange format capable of reproduction and storage.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed, the day and year first above written.
City of Santa Barbara
A Municipal Corporation
{{OrgContactInfo_OrgName}}
Agreement No. {{IDIS_ContractNumber}}
By: By:
Elias Isaacson
Community Development Director
Name:
{{OrgContactInfo_ExecDirectorF
Name}}
{{OrgContactInfo_ExecDirectorL
Name}}
Title: Executive Director
APPROVED AS TO CONTENT:
Laura Dubbels
Community Development Housing &
Human Services Manager
Name: Click here to enter text.
President of the Board of Directors
APPROVED AS TO FORM:
Sarah J. Knecht
City Attorney
APPROVED AS TO INSURANCE:
Mark Howard
Risk Manager
ATTEST:
Sarah Gorman
City Clerk
Exhibit A
PROGRAM GOALS AND MEASURABLE OUTCOMES
A-1
Agency: {{OrgContactInfo_OrgName}} Agreement No: {{IDIS_ContractNumber}} PROGRAM NAME: {{Case_Name}}
TARGET POPULATION: {{ProjectInformation_TargetPopulation}} PROGRAM OUTPUTS – Number of Persons receiving service, i.e. meals served, clients counseled, meetings held, etc.
Output Goal Annual
Goal #
1. {{Measurables_Output1Description}} «GOAL_1»
2. {{Measurables_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}}
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, 2026
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
Exhibit “G”
INSURANCE
G-1
Insurance Requirements
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.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
A.Commercial General Liability (CGL): Insurance Services Office (ISO) 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.
B.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.
If the Agency maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage for and/or the higher limits maintained by the Vendor/Consultant.
Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
Self-Insured Retentions
Self-insured retentions (SIRs) 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 SIR 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 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
Exhibit “G”
INSURANCE
G-2
OTHER INSURANCE PROVISIONS
The insurance policies shall contain, or be endorsed to contain, the following provisions:
Additional Insured Status
The City of Santa Barbara, its officers, officials, employees, volunteers, and agents, shall be covered as additional insureds on the CGL 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.
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 polici es.
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.
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.
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 non - contributory, additional insured, SIRs, indemnity, and defense requirements. The Umbrella or Excess policies Exhibit “G”
INSURANCE
G-3
shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying CGL 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.
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 claims- made 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.
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.
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.
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.
Exhibit “G”
INSURANCE
G-4
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.
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.
Rev. 9/2024
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, 2025 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, 2025 (“Effective Date”). The termination date is June 30, 2026 (“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
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 2025-2026 CDBG funds are decreased or eliminated before the end of Fiscal Year 2025-2026, 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
Agency shall maintain insurance as specified under Exhibit G.
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}}
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, 2026
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
Exhibit G
INSURANCE
G-1
Insurance Requirements
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.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
A.Commercial General Liability (CGL): Insurance Services Office (ISO) 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.
B.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.
If the Agency maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage for and/or the higher limits maintained by the Vendor/Consultant.
Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
Self-Insured Retentions
Self-insured retentions (SIRs) 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 SIR 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 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
Exhibit G
INSURANCE
G-2
OTHER INSURANCE PROVISIONS
The insurance policies shall contain, or be endorsed to contain, the following provisions:
Additional Insured Status
The City of Santa Barbara, its officers, officials, employees, volunteers, and agents, shall be covered as additional insureds on the CGL 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.
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 polici es.
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.
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.
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 non - contributory, additional insured, 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 CGL 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.
Exhibit G
INSURANCE
G-3
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 claims- made 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.
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.
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.
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.
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.
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 Exhibit G
INSURANCE
G-4
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.
Rev. 9/2024
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, 2025 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, 2025 (“Effective Date”) and shall remain in effect until June 30, 2026 (“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 4
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, 2026 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, 2026, 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, 2026, 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, 2026, 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 2025-2026 CDBG funds are decreased or eliminated before the end of Fiscal Year 2025-2026, 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
Agency shall maintain insurance as specified under Exhibit F.
Agreement No. «IDIS_ContractNumber»
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 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» Agency: «OrgContactInfo_OrgName» Agreement No: «IDIS_ContractNumber»
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
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, 2025
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, 2025 City and AGENCY make any necessary changes to submitted Project Documents and City gives final approval to open bid process publicly December 1, 2025 AGENCY opens and publicly advertises Bid Packet (subject to City approval)
December 22, 2025
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, 2026 AGENCY executes contract with selected contractor – within 2 weeks of contractor selection (subject to City approval)
January 19, 2026 Preconstruction conference with AGENCY, contractor and City staff – within 2 weeks of contractor selection
January 26, 2026
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, 2026 City issues Agency Notice to Proceed - within 1 week of document submittal February 9, 2026 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, 2026 AGENCY expends 95% of Project costs, completes Notice of Completion and returns to City for filing at County Clerk Recorder Before April 30, 2026 AGENCY expends 100% of Project costs Before June 30, 2026 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
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
Exhibit “F”
INSURANCE
F-1
Insurance Requirements
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.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
A.Commercial General Liability (CGL): Insurance Services Office (ISO) 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.
B.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.
If the Agency maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage for and/or the higher limits maintained by the Vendor/Consultant.
Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
Self-Insured Retentions
Self-insured retentions (SIRs) 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 SIR 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 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
Exhibit “F”
INSURANCE
F-2
OTHER INSURANCE PROVISIONS
The insurance policies shall contain, or be endorsed to contain, the following provisions:
Additional Insured Status
The City of Santa Barbara, its officers, officials, employees, volunteers, and agents, shall be covered as additional insureds on the CGL 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.
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 polici es.
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.
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.
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 Exhibit “F”
INSURANCE
F-3
provide all of the insurance coverages herein required, including, but not limited to, primary and non - contributory, additional insured, 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 CGL 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.
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 claims- made 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.
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.
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.
Exhibit “F”
INSURANCE
F-4
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.
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.
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.
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, 2025 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, 2025 (“Effective Date”) and shall remain in effect until June 30, 2026 (“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}}