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 Department in the amount of {{Funding_TotalAmount}} ({{Funding_TotalAmount_Spelled}} and {{Funding_TotalAmount_Cents}}/100 dollars) for purposes of the Project as described in the Project Summary statement attached hereto as Exhibit "A" and incorporated herein by reference as though set forth in full.
2.2 CITY and Department further agree that CDBG funds shall specifically be used for reimbursement of CDBG-eligible Project costs specified in the Project Budget page attached hereto as Exhibit "B" and incorporated herein by this reference as though set forth in full, including fees necessary to conduct an Environmental Review of the Project in accordance with 24 CFR Part 58.
2.3 City may charge its administrative time in an amount not to exceed 5% of the total Project award identified in Section 2.1 of this Agreement as a “Project Delivery Cost”. Any unused portion of the “Project Delivery Cost,” may be used to reimburse Agency for Eligible Project costs not previously reimbursed.
2.4 In the event that Department desires to use CDBG funds provided for herein for purposes other than those provided in Exhibits “A” and "B," Department shall first submit to City its written request for City’s consent to change the use of CDBG funds.
3. PROJECT BENEFIT
3.1 City and Agency recognize and agree that the use of these CDBG funds must primarily benefit at least 51% of Agency’s low and moderate income clientele in accordance with the National Objectives of the CDBG program. For the purposes of this Agreement, low and moderate income clientele are defined as households which earn 80% or below of the regional median income as established by HUD and adjusted for household size as provided on Exhibit “A”. City agrees to provide Agency any updates to the income levels issued by HUD for use in the Program.
3.2 Agency and City hereby agree that benefit performance to low and moderate income clientele shall be demonstrated by Agency in the following manner:
3.2.1 To the maximum extent possible, Agency shall attempt to assist persons in areas where more than 51% of the residents are low to moderate income within the area of the Project as detailed in Agency’s Area Benefit Analysis, attached hereto as Exhibit “F” and incorporated herein by this reference as though set forth in full. While these areas of the City exhibit the greatest need for housing assistance and, therefore, require concentrated attention, Agreement No. {{IDIS_ContractNumber}}
this requirement shall not be construed to preclude the program from assisting persons outside the aforementioned area, or
3.2.2 Agency shall have income-eligibility requirements which limit the service to persons meeting the low and moderate income requirement, as evidenced by Agency’s procedures in accordance with 24 CFR Part 5.609 (formerly called “Section 8” ); or
3.2.3 Serve a group primarily presumed to be low and moderate income, such as abused children, battered spouses, elderly persons aged 62 and over, severely disabled adults, homeless persons, illiterate adults, persons living with AIDS and migrant farm workers; or
3.2.4 Be of such a nature and in a location that it may be concluded that the activity’s clientele are low and moderate income. Agency shall provide analysis and documentation describing how the nature and the location of the Program, or facility establishes that it is used predominantly by and benefits primarily low and moderate income persons as detailed in Agency’s Area Benefit Analysis, attached hereto as Exhibit “F” and incorporated herein by this reference as though set forth in full; or
3.2.5 Maintenance of other information which City and Agency determine is necessary to document Program benefit.
4. PROJECT TIMELINE AND COMPLETION DATE
4.1 Department agrees to adhere to the Construction Project Timeline (“Project Timeline”) as provided on Exhibit “A”.
4.2 Said Project Timeline shall include the following completion dates, in order to comply with HUD’s timeliness requirements:
a. On or before March 25, 2026, Department shall have expended 95 percent of Project costs that are to be reimbursed with CDBG funds in accordance with Section 5 of this agreement and shall cause to be recorded in the Office of the Santa Barbara County Recorder a “Notice of Completion”; and
b. On or before April 30, 2026, 100 percent of Project costs that are to be reimbursed with CDBG funds shall be expended by Department.
4.3 Department’s failure to adhere to the Project Timeline shall be considered an event of default of this Agreement and shall constitute grounds for termination of this Agreement in accordance with Section 12 below. Any requests by Department to amend the Project Timeline shall be submitted in writing, and will be subject to approval by CITY in its sole and absolute discretion.
If approved, Department’s revised timeline shall be made part of this Agreement.
4.4 In the event that the Project is not completed and all CDBG funds are not spent by Department and reimbursed by CITY on or before the Expiration Date of this Agreement, Department shall submit to CITY a written request to extend the Agreement beyond the Agreement Expiration Date, which will be subject to approval by CITY in its sole and absolute discretion. There shall be no further work on the Project or reimbursement of CDBG funds, except for Project costs Agreement No. {{IDIS_ContractNumber}}
that are incurred, pursuant to Section 2, prior to the Expiration Date unless and until a written extension of this Agreement is executed by CITY and Department.
5. REIMBURSEMENT AND REPORTING REQUIREMENTS
5.1 CITY and Department agree that all payments made pursuant to this Agreement shall be on a reimbursement-only basis. Department shall submit to CITY detailed requests for reimbursement, including but not limited to, copies of paid invoices, proof of payment, and all other documentation that may be required as detailed in CITY’s Construction Projects Guide, as provided by CITY, and Exhibit “C”, CDBG Construction Requirements, attached hereto and incorporated herein by this reference as though set forth in full.
5.2 Department and CITY hereby agree that Department shall not obligate any CDBG funds, incur any costs or submit any claims or requests for reimbursement pursuant to this Agreement unless and until Department has received from CITY a written “Notice to Proceed” certifying that Department has met applicable preconstruction requirements outlined in Exhibit “C”.
5.3 Department shall provide to CITY quarterly status reports (Quarterly Report) documenting Project progress, expenditures made, and any problems encountered to date in a form provided by CITY.
5.4 The Quarterly Report is submitted quarterly with the first quarter commencing as of the Effective Date. The report is due no later than 10 days after the last day of each quarter. If the 10th of the month following the end of a quarter falls on a weekend or holiday, the due date is the last business day prior to the 10th.
5.5 On or before June 30, 2026, or no later than 15 days after recordation of the “Notice of Completion,” whichever occurs first, Department shall provide CITY a Project Close-Out Report.
Department shall provide information, in a form provided by CITY, on Project accomplishments, work completed, numbers of clients served, and a financial statement indicating CDBG expenditures to date and fund balance.
6. DEPARTMENT TO MAINTAIN RECORDS
Department shall keep accurate, written records of all expenses incurred by it and of monies received by it and of all studies, statistics and reports made or issued by Department in conducting the Project. In particular, Department shall keep all records and documents as may be necessary to enable CITY to determine if the CDBG funds to be disbursed pursuant to this Agreement have been or are being used in compliance with CITY's requirements and policies relating to CDBG funds. At CITY's request, Department shall furnish CITY with a copy of any record(s) maintained by Department pursuant to the terms of this Agreement. Department shall maintain all such records for at least five (5) years after the termination of this Agreement.
7. AUDIT OF DEPARTMENT'S RECORDS AND FINANCIAL MANAGEMENT
7.1 CITY shall have the right to audit and review all records maintained by Department pursuant to the terms of this Agreement. Any such audit and review may be conducted at any time Agreement No. {{IDIS_ContractNumber}}
during Department's regular business hours. Said records shall be open to inspection and audit by CITY, state, or federal representatives, if applicable, during regular business hours for at least five (5) years after termination of this agreement.
7.2 If Department expends $750,000 or more within their accounting year in federal funds, it will be subject to a single-audit according to 2 CFR 200.
8. SOURCE AND AVAILABILITY OF CDBG FUNDS
Department acknowledges that the CDBG funds being used for the purposes of this Agreement are funds subject to an annual allocation by HUD. Department agrees that in the event the CDBG funds made available by this Agreement are not sufficient to enable CITY to make any or all payments otherwise provided for in this Agreement, CITY shall incur no liability to Department, its officers, agents, employees, suppliers, or contractors for failure to make, or for any delay in making, any such payments, as provided for in this Agreement. CITY and Department agree that if the City's Fiscal Year 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 Department hereby agrees that any program income, as defined in 24 CFR 570.500, generated by use of these CDBG funds shall be used for the sole and expressed purposes identified in Section 2 of this Agreement and in accordance with Section 3 of this Agreement. Department shall return to CITY any and all program income not used for the aforementioned purposes.
9.2 Upon termination of this Agreement, CITY may require remittance of all or part of any program income balances held by Department, except those needed for immediate cash needs.
10. REVERSION OF ASSETS
Any real property under the Department’s control acquired or improved, in whole or in part with, CDBG funds in excess of $25,000 shall either:
a. Be used to meet one of the national objectives specified in 24 CFR 570.208 until five years after expiration of the Agreement, or for such longer period of time as determined to be appropriate by CITY; or
b. Department shall pay to CITY an amount equal to the current market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for the acquisition of, or improvement to, the property. No payment is required after the period of time specified in paragraph (a) of this section.
11. LICENSES AND PERMITS
Department shall obtain and maintain, at Department's own expense, any and all licenses and permits necessary to conduct the Project and to maintain the facilities and render the services proposed to be maintained or rendered in connection with the Project.
12. EVENTS OF DEFAULT
12.1 This Agreement shall be in default upon the occurrence of any of the following events (hereinafter an “Event of Default”):
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12.1.1 Failure to Use CDBG Funds as Intended -- Department’s failure to use CDBG funds for purposes that qualify for expenditures in accordance with Exhibit B.
12.1.2. Use of Grant Funds for Unauthorized Purposes -- Department’s incurring of obligations or making of expenditures for purposes which do not constitute authorized expenditures in accordance with Exhibit B, or for purposes which are not permitted or are prohibited under the terms of this Agreement.
12.1.3 Default Under Agreement -- Department's breach of the covenants or obligations under this Agreement.
13. RIGHTS AND OBLIGATIONS UPON DEFAULT
13.1 Remedies Upon Occurrence of Default -- Upon the occurrence of an Event of Default, CITY shall have the right to terminate this Agreement and demand that Department reimburse to CITY an amount equal to one hundred percent (100%) of any and all amounts expended, including interest accrued at the legal rate of interest. Department shall pay such amount due to CITY within 120 days of CITY written demand.
13.2 Reimbursement for Improper Expenditures -- If within five (5) years after the Termination Date or other termination of this Agreement, it is determined by CITY that CDBG funds provided under the terms of this Agreement have been used by or on behalf of Department for purposes which do not qualify as expenditures pursuant to Exhibit “B”, or have been used in a manner or for a purpose not authorized by this Agreement, Department shall, at CITY’s request, pay to CITY an amount equal to one hundred percent (100%) of any amount expended for unauthorized expenses, including interest accrued on such amounts at the legal rate of interest, within 120 days of CITY request.
13.3 Notice of Default -- Upon the occurrence of an Event of Default, CITY shall notify Department in writing of such occurrence, including a description of the Event of Default.
13.4 Cure -- Department shall be entitled to a period of time in order cure an Event of Default not to exceed thirty (30) days from the date on which the notice described in the preceding paragraph is delivered to Department, or, if the Event of Default cannot reasonably be cured in 30 days, then Department shall have reasonably commenced the cure within 30 days and diligently pursue the cure until its completion but in no event exceeding a period of ninety (90) days; provided in order to cure an Event of Default, Department shall be required to reimburse CITY, within such thirty-day period, for all reasonable expenses incurred by CITY in exercising its rights in connection with any such default.
If Department so cures any default, then this Agreement shall be reinstated and shall remain in full force and effect as if such default had not occurred.
14. CITY'S RIGHT TO TERMINATE AGREEMENT
CITY shall have the right to terminate this Agreement at any time, with or without cause, by giving Department thirty (30) days' prior written notice of CITY's intent to terminate this Agreement; provided, that upon such termination, CITY shall pay all obligations incurred by Department prior to Agreement No. {{IDIS_ContractNumber}}
the date of such termination which are for allowable expenditures and which are authorized under the terms of this Agreement.
15. OTHER GOVERNMENT / FEDERAL REQUIREMENTS
Department agrees to comply with all applicable state and local codes, ordinances and other applicable laws, and with all applicable program requirements described by CITY, and to any amendments hereafter to CITY program guidelines and requirements. Department agrees to comply with all applicable federal laws and regulations and to any amendments hereafter including, but not limited to, the following:
15.1 Community Development Block Grant Regulations
The CDBG Regulations, 24 CFR Part 570, and any amendments hereafter thereto; and
15.2 Santa Barbara Municipal Code Non-discrimination Requirements The “Nondiscriminatory Employment Certificate” requirements of SBMC 9.126), attached hereto as Exhibit “D” and incorporated herein by this reference as though set forth in full; and
15.3 Nondiscrimination in Federally Assisted Programs
Title VI of the Civil Rights Act of 2064 (42 U.S.C. 2000d et seq.), and implementing regulations in 24 CFR part 1, prohibiting discrimination upon the basis of race, color, religion, ancestry, sex, marital status, mental or physical disability, age, familial status, sexual orientation, or national origin; and
15.4 Fair Housing Act
Title VIII of the Civil Rights Act of 2068, 42 U.S.C. 3600-20, and implementing regulations issued at subchapter A of title 24 of the Code of Federal Regulations prohibiting discrimination in the sale, rental and financing of dwellings based on race, color, religion, sex, national origin, disability or familial status (presence of child under age of 19, and pregnant women) and will affirmatively further fair housing; and
15.5 Equal Opportunity in Housing
24 CFR part 107, Executive Order 11063, and implementing regulations which prohibits discrimination in the sale, leasing, rental, or other disposition of properties and facilities owned or operated by the federal government or provided with federal funds; and
15.6 Housing and Community Development Act
Section 109 of the Housing and Community Development Act requiring that no person in the United States shall on the grounds of race, color, national origin, religion, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance made available pursuant to the Act; and
15.7 Rehabilitation Act of 2073
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Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), as amended, and with implementing regulations at 24 CFR, Part 8, which prohibit discrimination based on disability in Federally-assisted and conducted programs and activities; and
15.8 Age Discrimination Act of 2075
The Age Discrimination Act of 2075 (42 U.S.C. 6101-07) and implementing regulations at 24 CFR, Part 146, which prohibit discrimination because of age in programs and activities receiving Federal financial assistance; and
15.9 Equal Employment and Contracting Opportunity
15.9.1 The Department will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Department will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Department agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
15.9.2 The Department will, in all solicitations or advertisements for employees placed by or on behalf of the Department, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
15.9.3 The Department will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Department's legal duty to furnish information.
15.9.4 The Department will send to each labor union or representative of workers with which Department has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Department's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
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15.9.5 The Department 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.
15.9.6 The Department 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 Department’s books, records, and accounts by the administering Department (HUD) and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
15.9.7 In the event of the Department'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 Department 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.
15.9.8 The Department will include the provisions of sections 15.9.1 – 15.9.8 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 Department 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 Department becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction the Department may request the United States to enter into such litigation to protect the interests of the United States; and
15.10 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.
15.11 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.
15.11.1 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 Agreement No. {{IDIS_ContractNumber}}
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.
15.11.2 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 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.
15.11.3 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.
15.12 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
15.13 Housing and Urban Development Act Of 2068
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
15.14 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. Department 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
15.15 Labor Standards
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15.15.1 Except with respect to the rehabilitation of residential property designed for residential use for less than eight households, the Department 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 Department 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 Department 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 Department of its obligation, if any, to require payment of the higher rates.
15.15.2 The regulations of 24 CFR part 70 shall apply to the use of volunteers; and
15.16 Environmental Review Standards
15.16.1 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 2069.
15.16.2 Nothing in this agreement shall obligate CITY to reimburse any CDBG funds or authorize Department 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
15.17 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 Department (HUD) and the Regional Office of the Environmental Protection Department; and
15.18 Flood Disaster Protection Act of 1973
The requirements of the Flood Disaster Protection Act of 2073 (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
15.19 Uniform Relocation Assistance
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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
15.20 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
15.21 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
15.22 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
15.23 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
15.24 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, Department shall ensure compliance with the above uniform administrative requirements by any subgrant or subcontract entered into by Department that is financed in whole or in part with assistance provided under this Agreement; and
15.25 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
15.26 Eligibility Restrictions
The eligibility restrictions set forth by 24 CFR 570.613; and
15.27 Architectural Barriers Act and the Americans with Disabilities Act The Architectural Barriers Act of 2068 (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 Agreement No. {{IDIS_ContractNumber}}
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
15.28 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. 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 Department, 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
15.29 Federal Funding Accountability and Transparency Act Department 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. Department acknowledges that, if applicable, data provided in Exhibit “E” will be reported in the FFATA Subaward Reporting System.
16. NONDISCRIMINATION
Department 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. ASSIGNMENT AND SUBCONTRACTING
17.1 Department 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.
17.2 Department 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 Department 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.
18. INTEREST OF CERTAIN FEDERAL OFFICIALS
Department 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.
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19. BONUS, COMMISSION OR FEE
Department 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.
20. 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 Department for the performance of work financed in whole or in part with the proceeds of this Agreement.
21. 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}} P.O. Box 1990 {{OrgContactInfo_MailingAddress_Address_CSZ}} Santa Barbara, CA 93102-1990
22. 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.
23. 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.
24. 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.
Agreement No. {{IDIS_ContractNumber}}
25. 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 in triplicate, the day and year first above written.
Community Development Department {{OrgContactInfo_OrgName}} Agreement No.
{{IDIS_ContractNumber}}
By: By:
Elias Isaacson
Community Development Director
Name: Click here to enter text.
Title: Click here to enter text.
APPROVED AS TO CONTENT:
Laura Dubbels
Housing and Human Services
Manager
APPROVED AS TO FORM:
Tava Ostrenger, Acting City
Attorney
ATTEST:
Sarah Gorman
City Clerk
Exhibit A
PROJECT SUMMARY
A-1
Department: {{OrgContactInfo_OrgName}} Agreement No: {{IDIS_ContractNumber}} PROJECT LOCATION: {{ProjectDescription_ProjectAddress_Address_Full}} PROGRAM PURPOSE: {{ProjectDescription_ProgramDescription}}
PROJECT DESCRIPTION
{{ProjectDescription_ProgramDescription}}
Exhibit A
PROJECT SUMMARY
A-2
Department: {{OrgContactInfo_OrgName}} Agreement No: {{IDIS_ContractNumber}}
CLIENT DEMOGRAPHICS
EX. LOW INCOME (0-30% MFI) {{ClientDataStaffInfo_PeopleServedE xtLowIncome2223}}
LOW INCOME (31-50% MFI) {{ClientDataStaffInfo_PeopleServedw ithLowIncome2223}}
MODERATE (51-80% MFI) {{ClientDataStaffInfo_PeopleServed ModIncome2223}}
ABOVE MODERATE (81%+MFI) {{ClientDataStaffInfo_PeopleServedA boveModIncome2223}}
ANNUAL UNDUPLICATED CLIENTS: {{ClientDataStaffInfo_TotalUnduplicated}} Exhibit A
PROJECT SUMMARY
A-3
Department: {{OrgContactInfo_OrgName}} Agreement No: {{IDIS_ContractNumber}}
DEADLINE DATE ACTIONS REQUIRED
Upon Effective Date Environmental Review conducted by City Upon Effective Date DEPARTMENT identifies any Project Manager and develops Final Architectural Drawings
November 1, 2025
DEPARTMENT 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 DEPARTMENT make any necessary changes to submitted Project Documents and City gives final approval to open bid process publicly December 1, 2025 DEPARTMENT opens and publicly advertises Bid Packet (subject to City approval)
December 22, 2025
Bids due to DEPARTMENT 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 DEPARTMENT executes contract with selected contractor – within 2 weeks of contractor selection (subject to City approval)
January 19, 2026 Preconstruction conference with DEPARTMENT, contractor and City staff – within 2 weeks of contractor selection
January 26, 2026
DEPARTMENT 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 Department Notice to Proceed - within 1 week of document submittal
February 9, 2026 Construction begins - within 1 week of Notice to Proceed During construction DEPARTMENT submits contractors and subcontractors weekly Certified Payrolls and Requests for Reimbursement for construction costs Before March 25, 2026 DEPARTMENT expends 95% of Project costs, completes Notice of Completion and returns to City for filing at County Clerk Recorder Before April 30, 2026 DEPARTMENT expends 100% of Project costs Before June 30, 2026 DEPARTMENT submits Project Close-out Report and all close out documents to City
Exhibit B
PROJECT BUDGET
B-1
Department: {{OrgContactInfo_OrgName}} Agreement No: {{IDIS_ContractNumber}}
REVENUE
Revenue Sources Amount
City of Santa Barbara CDBG {{Funding_TotalAmou
nt}}
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
Department: {{OrgContactInfo_OrgName}} Agreement No: {{IDIS_ContractNumber}} C-1
PRE-CONSTRUCTION REQUIREMENTS
1. Department 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. Department shall prepare a bid packet that contains the following:
i. Introduction and project address;
ii. Clearly defined scope of work;
iii. Bond requirements identified;
iv. Insurance requirements;
v. Davis Bacon Act provisions;
vi. Section 3 provisions (for construction over $200,000, or $100,000 to single contractor);
vii. Contractor's/Subcontractor's Certification Concerning Labor Standards and Prevailing Wage Requirements - form provided by City;
viii. Certification by Proposed Contractor/Subcontractor Regarding Equal Employment Opportunity – form provided by City;
ix. Bidder’s Certification – form provided by City;
x. Bidder’s Questionnaire – form provided by City;
xi. Sect. 3 Business Certification – form provided by City; xii. HUD-4010 Form – provided by City;
xiii. Davis-Bacon Act Wage Determination – provided by City.
3. Upon selection of contractor, Department and contractor/subcontractors shall attend a PreConstruction Conference with City staff.
4. Department 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
Department: {{OrgContactInfo_OrgName}} Agreement No: {{IDIS_ContractNumber}} C-2
D. Copy of all bids received;
E. Copy of the Department 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 Department’s completion of the above pre-construction requirements, City shall issue to Department and contractor a written Notice to Proceed, and contractor shall begin construction work.
REQUIREMENTS DURING CONSTRUCTION
1. Any reimbursement request submitted by Department, or by agent on behalf of Department, for the purpose of issuance of any payment under this Agreement requires PRIOR written approval of City staff.
2. Department shall submit the following with each reimbursement request:
A. Department Request for Reimbursement – form provided by City; B. Copy of contractor’s work invoice and/or materials receipt(s); C. Department’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. Department shall obtain PRIOR City approval for any change orders
POST CONSTRUCTION
1. Onsite inspection shall be held with City staff and Department/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.
Department may include this cost as part of the Project budget for use of CDBG funds, or pay this fee using Department’s own funds).
Exhibit C
CDBG CONSTRUCTION REQUIREMENTS
Department: {{OrgContactInfo_OrgName}} Agreement No: {{IDIS_ContractNumber}} C-3
3. Department shall submit before and after pictures to City.
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. Department 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 Department beyond 35 days should Department 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. Department 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 Department 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
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 “Program,” 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, 2025 (“Expiration Date”) unless sooner terminated as herein provided. Nonconstruction related work (e.g. surveys, design), if such expenses are not funded with CDBG funds and will not be reimbursed with CDBG funds, may commence on this Program 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; Agreement No. «IDIS_ContractNumber»
c. Agency has submitted to the City a certificate of insurance pursuant to Section 16 of this Agreement.
1.3 Program shall be completed and all CDBG funds shall be expended and disbursed pursuant to Sections 4 and 5 of this Agreement prior to April 30, 2025 in order to meet HUD's timeliness requirements.
1.4 If upon Expiration Date, there remain any allocated, but unspent, CDBG funds, said CDBG funds shall automatically be reprogrammed into the City’s General CDBG contingency account, unless a grant-agreement extension has been granted pursuant to Section 4 of this Agreement.
2. USE OF CDBG FUNDS
2.1 Subject to terms and conditions contained herein, City agrees to provide CDBG funds to Agency in the amount of «Funding_TotalAmount» («Funding_TotalAmount_Spelled» and «Funding_TotalAmount_Cents»/100 dollars) for purposes of the Program as described in the Program 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 Program costs specified in the Program Budget page attached hereto as Exhibit "B" and incorporated herein by this reference as though set forth in full, including fees necessary to conduct Environmental Reviews of the each project within the Program 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 Program award identified in Section 2.1 of this Agreement as a “Program Delivery Cost”. Any unused portion of the “Program Delivery Cost,” may be used to reimburse Agency for Eligible Program 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. PROGRAM BENEFIT
3.1 City and Agency recognize and agree that the use of these CDBG funds must benefit 100% of Agency’s low and moderate income clientele. 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 Agency shall only clientele with addresses located within the City of Santa Barbara’s jurisdiction; and
Agreement No. «IDIS_ContractNumber»
3.2.1 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 Maintenance of other information which City and Agency determine is necessary to document Program benefit.
4. PROGRAM TIMELINE AND COMPLETION DATE
4.1 Agency agrees to adhere to the Construction Program Timeline (“Program Timeline”) as provided on Exhibit “A”.
4.2 Said Program Timeline shall include the following completion dates, in order to comply with HUD’s timeliness requirements:
a. On or before March 25, 2025, Agency shall have expended 95 percent of Program costs that are to be reimbursed with CDBG funds in accordance with Section 5 of this agreement and shall cause to be recorded in the Office of the Santa Barbara County Recorder a “Notice of Completion”; and
b. On or before April 30, 2025, 100 percent of Program costs that are to be reimbursed with CDBG funds shall be expended by Agency.
4.3 Agency’s failure to adhere to the Program 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 Program 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 Program 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 subject to approval by City in its sole and absolute discretion. There shall be no further work on the Program or reimbursement of CDBG funds, except for Program 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 Programs 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 Agreement No. «IDIS_ContractNumber»
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 Program progress, expenditures made, and any problems encountered to date in a form provided by City.
5.4 The Quarterly Report is submitted quarterly with the first quarter commencing as of the Effective Date. The report is due no later than 10 days after the last day of each quarter. If the 10th of the month following the end of a quarter falls on a weekend or holiday, the due date is the last business day prior to the 10th.
5.5 On or before June 30, 2025, or no later than 15 days after recordation of the “Notice of Completion,” whichever occurs first, Agency shall provide City a Program Close-Out Report.
Agency shall provide information, in a form provided by City, on Program 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 Program. 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
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.
Agreement No. «IDIS_ContractNumber»
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.
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.
Agreement No. «IDIS_ContractNumber»
11. 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.
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 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.
Agreement No. «IDIS_ContractNumber»
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.
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 Agreement No. «IDIS_ContractNumber»
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
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 Agreement No. «IDIS_ContractNumber»
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 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 Agreement No. «IDIS_ContractNumber»
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 Programs 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 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.
Agreement No. «IDIS_ContractNumber»
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 Programs. 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), 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 Agreement No. «IDIS_ContractNumber»
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
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, Agreement No. «IDIS_ContractNumber»
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
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.
Agreement No. «IDIS_ContractNumber»
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.
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 Agreement No. «IDIS_ContractNumber»
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» PROGRAM LOCATION: «ProgramDescription_ProgramAddress_Address_Full» PROGRAM PURPOSE: «ProgramDescription_ProgramDescription»
PROGRAM DESCRIPTION
«ProgramDescription_ProgramDescription»
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 Program Manager and develops Final Architectural Drawings, (known as "Program Plan")
November 1, 2025
AGENCY submits to CDBG Staff for review and approval: Program Plan, Scope of Work, and Bid Packet (collectively known as "Program Documents"). Any Permit Applications required for Program must be submitted to City Planning/ Building Divisions.
November 28, 2025 City and AGENCY make any necessary changes to submitted Program 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 Program costs, completes Notice of Completion and returns to City for filing at County Clerk Recorder Before April 30, 2026 AGENCY expends 100% of Program costs Before June 30, 2026 AGENCY submits Program 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: «ProgramDescription_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 Program 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 Program 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 Program 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
PROGRAM 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 Program’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 Programs.
3. Evidence of City Building Permit submitted to City, if applicable.
4. Waiver and Affidavit signed by contractor submitted to City.
5. Agency submits Program 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 Programs 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 Programs Guide X
Signature
Title: Executive Director
Exhibit D
NONDISCRIMINATORY EMPLOYMENT CERTIFICATE
Department: «OrgContactInfo_OrgName» Agreement No: «IDIS_ContractNumber» D-1
S.B.M.C. 9.126
9.126.010 Certificate Generally.
Consistent with a policy of non-discrimination in employment on contracts of the City of Santa Barbara and in furtherance of the provisions of Sections 1735 and 1777.6 of the California Labor Code, a "Contractor's Obligation for Nondiscriminatory Employment Certificate" as hereinafter set forth shall be attached and incorporated by reference as an indispensable and integral term of all bid specifications and contracts of the City for purchases, services, and the construction, repair, or improvement of public works. (Ord. 3500 §1(part), 2072.)
9.126.020 Contents of Certificate.
The "contractor's obligation for non-discriminatory employment" is as follows:
In performing the work of this contract, the Contractor agrees as follows:
(1) The Contractor will not discriminate against any employee or applicant for employment because of race, creed, color, national origin, ancestry, sexual orientation, political affiliation or beliefs, sex, age, physical handicap, medical condition, marital status or pregnancy (as those terms are defined by the California Fair Employment and Housing Act -- Government Code Section 12900-12996), except where such discrimination is based on a bona fide occupational qualification. The Contractor will take positive action or ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color, national origin, ancestry, sexual orientation, political affiliation or beliefs, sex, age, physical handicap, medical condition, marital status or pregnancy (as those terms are defined by the California Fair Employment and Housing Act -- Government Code Section 12900-12996), except where such discrimination is based on a bona fide occupational qualification. Such action shall include but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the City setting forth the provisions of this non-discrimination clause. (2) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, national origin, ancestry, sexual orientation, political affiliation or beliefs, sex, age, physical handicap, medical condition, marital status or pregnancy (as those terms are defined by the California Fair Employment and Housing Act -- Government Code Section 12900-12996), except where such discrimination is based on a bona fide occupational qualification. (3) The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the City advising the said labor union or worker's representative of the Contractor's commitments under this provision, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The Contractor will permit access to his records of employment, employment advertisements, application forms, and other pertinent data and records by the City, the Fair Employment Practices Commission, or any other appropriate Agency of the State designated by the City for the purposes of investigation to ascertain compliance with the Contractor's obligation for non-discriminatory employment provisions of this contract, or Fair Employment Practices statute. (5) A finding of willful violation of the non-discriminatory employment practices article of this contract or of the Fair Employment Practices Act shall be regarded by the City as a basis for determining that as to future contracts for which the Contractor may submit bids, the Contractor is a "disqualified bidder" for being "non-responsible".
The City shall deem a finding of willful violation of the Fair Employment Practices Act to have occurred upon receipt of written notice from the Fair Employment Practices Commission that it has investigated and determined that the Exhibit D
NONDISCRIMINATORY EMPLOYMENT CERTIFICATE
Department: «OrgContactInfo_OrgName» Agreement No: «IDIS_ContractNumber» D-2
Contractor has violated the Fair Employment Practices Act and has issued an order under Labor Code Section 1426 or obtained an injunction under Labor Code Section 1429.
Upon receipt of any such written notice, the City shall notify the Contractor that unless he demonstrates to the satisfaction of the City within a stated period that the violation has been corrected, he shall be declared a "disqualified bidder" until such time as the Contractor can demonstrate that he has implemented remedial measures, satisfactory to the City, to eliminate the discriminatory employment practices which constituted the violation found by the Fair Employment Practices Commission.
(6) Upon receipt from any person of a complaint of alleged discrimination under any City contract, the City Administrator shall ascertain whether probable cause for such complaint exists. If probable cause for the complaint is found, the Administrator shall request the City Council to hold a public hearing to determine the existence of a discriminatory practice in violation of this contract.
In addition to any other remedy or action provided by law or the terms of this contract, the Contractor agrees, that should the City Council determine after a public hearing duly noticed to the Contractor that the Contractor has not complied with the non-discriminatory employment practices provisions of this contract or has willfully violated such provisions, the City may, without liability of any kind, terminate, cancel or suspend this contract, in whole or in part. In addition, upon such determination the Contractor shall, as a penalty to the City, forfeit a penalty of $25.00 for each calendar day, or portion thereof, for each person who was denied employment as a result of such non-compliance. Such moneys shall be recovered from the Contractor. The City may deduct any such penalties from any moneys due the Contractor from the City. (7) The Contractor certifies to the City that he has met or will meet the following standards for positive compliance, which shall be evaluated in each case by the City:
(a) The Contractor shall notify all supervisors, foremen and other personnel officers in writing of the content of the non-discrimination provision and their responsibilities under it. (b) The Contractor shall notify all sources of employee referrals, (including unions, employment agencies, advertisements, Department of Employment) of the content of the non-discrimination provision. (c) The Contractor shall file a basic compliance report as required by the City. Willful false statements made in such reports shall be punishable as provided by law. The compliance report shall also specify the sources of the work force and who has the responsibility for determining whom to hire, or whether or not to hire. (d) The Contractor shall notify the City of opposition to the non-discrimination provision by individuals, firms or organizations during the period of this contract.
(8) Nothing contained in this Contractor's Obligation for Non-discriminatory Employment Certificate shall be construed in any manner to prevent the City from pursuing any other remedies that may be available at law. (9) (a) In the performance of the work under this contract, the Contractor will include the provisions of the foregoing paragraphs (1) through (8) in all subcontracts and in any supply contract to be performed within the State of California, so that such provisions will be equally binding upon each subcontractor and each supplier. (b) The Contractor will take such action with respect to any subcontract or purchase order as the City may direct as a means of enforcing such provisions including sanctions for non-compliance; provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction by the City, the Contractor may request the City to enter into such litigation to protect the interests of the City. (Ord. 4465, 2087; Ord. 3500 §1(part), 2072.)
Exhibit “E”
FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT
E-1
Department: {{OrgContactInfo_OrgName}} Agreement No: {{IDIS_ContractNumber}} Provide the total annual compensation (salary and benefits) of the top five (5) management and/or executive employees, by title only, in compliance with Section 16.27 of this Agreement.
EXECUTIVE/MANAGEMENT COMPENSATION
Title Total Compensation
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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 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 “F”
INSURANCE
F-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 “F”
INSURANCE
F-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.
CITY OF SANTA BARBARA
COUNCIL AGENDA REPORT
AGENDA DATE: March 18, 2025
TO: Mayor and Councilmembers
FROM: Community Development Department
SUBJECT: Public Hearing for Five-Year Consolidated Plan for Use of Federal CDBG and HOME Funds
RECOMMENDATION:
That Council conduct a public hearing to obtain input on the City’s Five-Year Consolidated Plan for use of Community Development Block Grant and HOME Investment Partnership funds for Program Years 2025 through 2029, which includes the Annual Action Plan for Program Year 2025–2026.
DISCUSSION:
The U.S. Department of Housing and Urban Development (HUD) requires the City to develop a five-year Consolidated Plan in order to receive Community Development Block Grant (CDBG) and HOME Investment Partnership Program funding. The Consolidated Plan outlines the City’s housing and community development needs and the funding strategies that will be undertaken to address those needs. Currently in the last year of its five-year plan, the City will submit its next plan to HUD by May 15, 2025.
The Consolidated Plan requires the City to submit an Annual Action Plan (AAP), which identifies activities that will be undertaken to meet the priority areas stated in the five-year plan. The 2025–2026 AAP will be the first program year of the five-year plan and is incorporated into the Consolidated Plan with the Fiscal Year 2026 CDBG funding recommendations presented by the Community Development and Human Services Committee.
The Consolidated Plan will cover the five-year period from July 1, 2025, to June 30, 2029, and consists of the following required components:
Citizen Participation Meetings and Consultation with Local Jurisdictions and Service Providers;
Agenda Item No. 19
File Code No. 610.05
Council Agenda Report
Public Hearing for Five-Year Consolidated Plan for Use of Federal CDBG and HOME Funds
March 18, 2025
Assessment of Housing, Homeless, and Community Development Needs; Housing Market Analysis;
Strategic Plan; and
The First Year’s (2025–2026) Annual Action Plan.
A needs-assessment was conducted for the Consolidated Plan that included analysis of HUD and Census data, a resident survey, and numerous stakeholder and resident meetings. The assessment found that although the City was able to meet or exceed its stated goals of the previous Consolidated Plan, the City faces many of the same challenges, some of which include:
Housing cost burden is the most prevalent housing problem in the City, with 3,120 of Santa Barbara’s low- and moderate-income renter households facing a “severe cost burden,” defined by the federal government as spending 50 percent or more of their income on housing.
The 2024 Point in Time count identified 955 persons experiencing homelessness in the City of Santa Barbara, an eight percent increase from 2023. Countywide, 42 percent of all homeless persons were newly homeless.
Top needs for public services include rental assistance, supportive and wraparound services for people experiencing homelessness, eviction prevention, mental health resources, and workforce development programs. Top needs for public facilities and infrastructure include sidewalk and street repairs, park improvements, and ADA accessibility upgrades. Community surveys and workshop participants commonly expressed need for childcare facilities, mental health resources, and community centers with youth and senior programs.
As a result of these and other findings, five priority areas previously identified for the City’s Strategic Plan will remain unchanged, and one additional priority area will be added.
CDBG and HOME funds will be used toward activities that satisfy these priority areas, contingent upon the amount of funds HUD makes available each year. The six priorities were based on the HUD-mandated National Objectives and Outcomes of the CDBG program, which aim to provide decent affordable housing, create a suitable living environment, and create economic opportunities.
The priority areas are as follows:
1. Homeless Assistance – Support of programs that provide services to homeless individuals and families, and victims of domestic violence.
2. Decent Housing – Support of local housing partners to enable them to acquire, construct, or rehabilitate affordable housing, and provide security deposit and tenant based rental assistance.
3. Community Development Needs and Services – Support childcare centers and/or programs that provide childcare; community centers or agencies that provide youth educational/recreational and/or senior programs; and/or health centers that Council Agenda Report
Public Hearing for Five-Year Consolidated Plan for Use of Federal CDBG and HOME Funds
March 18, 2025
provide mental health services. All activities benefit 51 percent or greater low- and moderate-income persons.
4. Public Facilities and Infrastructure – Support capital projects that improve facilities of organizations that serve low- and moderate-income residents, and public infrastructure and parks improvements in low- and moderate-income neighborhoods.
5. Economic Development – Support of programs that provide self-employment training and small business loans or grants.
6. Planning for Housing and Community Development – This includes administration and monitoring activities to ensure CDBG and HOME funds are used in compliance with federal regulations, including fair housing enforcement.
This is the second of two public hearings held during the development of the Consolidated Plan, as required by HUD. Comments received during this hearing will be incorporated into the final Consolidated Plan and AAP documents, which tentatively will be brought before Council for final adoption on April 29, 2025.
The draft Consolidated Plan and AAP will be available for a 30-day public review period and can be found on the City’s CDBG and Human Services web page (www.Santa BarbaraCA.gov). Comments can be submitted to City staff at (805) 564-5461 and to [email protected]. Comments must be received by April 20, 2025. A copy of the draft Consolidated Plan that contains the 2025–2026 AAP is available in the Council reading file.
BUDGET/FINANCIAL INFORMATION:
At the time this staff report was written, the City had not yet been notified of its actual annual CDBG or HOME allocation amounts; therefore, last year’s funding amounts were used to estimate the City’s CDBG allocation from HUD ($846,418) and from HOME allocation ($494,563) for Fiscal Year 2026.
PREPARED BY: Laura Dubbels, Housing and Human Services Manager SUBMITTED BY: Elias Isaacson, Community Development Director APPROVED BY: Kelly McAdoo, City Administrator