HomeMy WebLinkAbout25A - AGMT COMMUNITY BENEFITREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
AUGUST 20, 2019
TITLE:
APPROVE COMMUNITY BENEFIT
AGREEMENTS WITH NATI'S HOUSE,
SANTA ANA XTREME, AND WISEPLACE
FOR FISCAL YEAR 2019-2020 FOR A
TOTAL AMOUNT OF $110,000
(STRATEGIC PLAN NOS. 1,6; 2,2; 5,4;)
CLERK OF COUNCIL USE ONLY:
❑ As Recommended
❑ As Amended
❑ Ordinance on 1n Reading
❑ Ordinance on 2°d Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
EM_�FILE NUMBER
n 1
RECOMMENDED ACTION
Authorize the City Manager and the Clerk of the Council to execute agreements with the following
non-profit organizations to provide community benefit programs during the period of August 20,
2019 through June 30, 2020 in a total amount not to exceed $110,000, subject to non -substantive
changes approved by the City Manager and City Attorney:
Nati's House (dba, Neutral Ground) to provide after school programming and mentoring to
youth focusing on violence prevention, gang intervention, restorative practices, mentoring,
and drug and alcohol prevention, in the amount of $50,000;
Santa Ana Xtreme Softball to provide youth softball team that develops female athletes as
future civic leaders through self-discipline, hard -work and important life lessons in the
amount of $30,000;
c. WISEPIace to provide programs that help transition unaccompanied homeless women
back to self-sufficiency and reunite them with their families in the amount of $30,000.
DISCUSSION
On July 2, 2019 City Council approved the adoption of the City Budget ordinance to include
General Fund modifications as directed by Council on June 18, 2019 that include the following:
A. One-time appropriation of $110,000 to the Community Development Block Grant
(CDBG) budget for three nonprofit organizations that did not receive CDBG funding for
FY 2019-2020 (Nati's House, Santa Ana Xtreme and WISEPIace).
25A-1
Community Benefit Agreements with Nati's House,
Santa Ana Xtreme and WISEPIace
August 20, 2019
Page 2
Nati's House, Santa Ana Xtreme and WISEPIace had applied for funding through the Community
Development Block Grant (CDBG) program for FY 19 — 20. However, there was insufficient
CDBG program funding to award funds to these three additional organizations. As such, City
Council approved a one-time appropriation on July 2, 2019 to fund these three additional
programs. Following this appropriation, staff have prepared community benefit agreements with
Nati's House, Santa Ana Xtreme and WISEPIace for review and approval by City Council (Exhibit
1, 2, and 3).
The federal regulations for the CDBG program will not apply to these three programs because the
funding is not going to be from the CDBG program. However, staff will administer, oversee and
monitor these three programs using the same policies and procedures as the other CDBG-funded
programs approved by City Council on June 18, 2019.
STRATEGIC PLAN ALIGNMENT
Approval of this item supports the City's effort to meet:
• Goal # 1 - Community Safety, Objective #6 (Enhance Public Safety integration,
communications and community outreach), Strategy F (The Santa Ana Police Department
will collaborate with the Orange County Probation Department, Orange County Healthcare
Agency caseworkers, business community, and associated non-profit organizations to
assist in re-entry of recently released offenders into the community);
Goal # 2 - Youth, Education, Recreation, Objective #2 (Expand youth programing),
Strategy A (Focus resources on quality youth engagement, enrichment and education
programs through community center, libraries and after -school programs during out -of -
school hours), and Strategy B (Expand the youth sports program so that youth
recreational opportunities are established year-round);
Goal # 5 - Community Health, Livability, Engagement & Sustainability, Objective #4
(Support neighborhood vitality and livability), Strategy D (Implement new Neighborhood
Improvement Initiatives focusing on residential areas that have been adversely affected by
disinvestment and decline. Program and services from a variety of resources will be
utilized to achieve positive and sustainable improvements), and Objective #6 (Focus
projects and programs on improving the health and wellness of all residents), Strategy C
(Integrate a variety of health and wellness programs into existing programming at each of
the city's community/recreation centers).
FISCAL IMPACT
Funds are available in the Economic Development, Payment to Sub -agent account (no.
01118810-69135) for expenditure in FY 19-20 as follows:
25A-2
Community Benefit Agreements with Nati's House,
Santa Ana Xtreme and WISEPIace
August 20, 2019
Page 3
Fiscal
Accounting Unit
Fund Description
Accounting Unit, Account
Amount
Year
— Account #
Description
FY19-20
01118810-69135
General Fund
Economic Development,
$110,000
Payment to Sub -agent
APPROVED AS TO FUNDS AND ACCOUNTS:
Steven A. Mendoza Kathryn Dolkns, CPA t0
Executive Director Executive Director
Community Development Agency Finance and Management Services Agency
Exhibits: 1. Community Benefit Agreement with Nati's House
2. Community Benefit Agreement with Santa Ana Xtreme
3. Community Benefit Agreement with WISEPIace
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25A-4
EXHIBIT 1
CITY OF SANTA ANA
COMMUNITY BENEFIT AGREEMENT WITH
NATI'S HOUSE (DBA NEUTRAL GROUND)
1. PARTIES AND DATE
This Community Benefit Agreement ("Agreement") is entered into on August 20, 2019, by
and between the City of Santa Ana, a charter city and municipal corporation organized and existing
under the Constitution and laws of the State of California ("City") and Nati's House (dba, Neutral
Ground), a California non-profit organization ("Recipient"). City and Recipient are sometimes
individually referred to as "Party" and collectively as "Parties" in this Agreement.
2. RECITALS
2.1 Community Benefit. The City wishes to provide Recipient with funding to assist
Recipient in providing after school programming and mentoring to youth focusing on violence
prevention, gang intervention, restorative practices, mentoring, and drug and alcohol prevention.
Recipient also provides street outreach and programming for parents and community ("Community
Benefit"). The parties wish to enter into this Agreement to establish the terms and conditions under
which the City will provide funding for such program.
2.2 Public Purpose. The City believes there is a public purpose in supporting the
Community Benefit because it will assist City residents with providing a healthy activity and training
in an atmosphere of community participation. The foregoing is a general description of the public
purpose, and is not necessarily the only public purpose to be gained from the Community Benefit.
3. TERMS AND CONDITIONS
3.1 Use of Funds. The City has chosen to provide Recipient with Fifty -Thousand Dollars
($50,000.00) because the City has determined that there is a public purpose to be served in
supporting the Community Benefit. Such funds shall be expended by Subrecipient on or before June
30, 2020. The funds shall be disbursed by City to Subrecipient on a quarterly basis subject to and
upon receipt and approval of a complete quarterly activity report from Subrecipient, with the final
payment subject to the satisfaction of the condition precedent of submittal of complete reporting
information due on or before July 15 of the applicable funding year, as hereinafter more fully set
forth. SUBRECIPIENT shall be obligated to perform such duties as would normally extend beyond
the term, including, but not limited to, obligations with respect to indemnification, audits, reporting,
data retention/reporting, and accounting. Failure to provide any of the required documentation and
reporting will cause CITY to withhold all or a portion of a request for reimbursement, or return the
entire reimbursement package to SUBRECIPIENT, until such documentation and reporting has been
received and approved by CITY. In executing this Agreement and receiving the funds, Recipient
agrees to use the funds only for the purpose described and subject to the terms and conditions
provided for in this Agreement, and set forth in greater detail in Exhibit A ("Scope of Services")
attached hereto and incorporated herein by reference. Should Recipient fail to use the funds for such
purpose or otherwise comply fully with the terms of this Agreement, City shall have the right to
terminate this Agreement and demand the return of the funds pursuant to Section 3.2 below.
25A-5
EXHIBIT 1
3.2 Term; Termination of Agreement. This Agreement shall take effect on August 20,
2019 and remain in effect through June 30, 2020. The City has the right to terminate this Agreement
upon one day's notice, with or without cause. Should the City terminate this Agreement, it shall also
have the right to demand the immediate return of all funds provided to Recipient pursuant to this
Agreement, as well as interest at the rate of ten percent (10%) per annum. Notwithstanding the
foregoing, the indemnification provisions of this Agreement shall survive any expiration or
termination of this Agreement.
3.3 Insurance. Prior to undertaking performance of work under this Agreement,
Recipient shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance
as described below:
a. Commercial General Liability Insurance. Recipient shall maintain commercial
general liability insurance naming the City, its officers, employees, agents, volunteers and
representatives as additional insured(s) and shall include, but not be limited to protection against
claims arising from bodily and personal injury, including death resulting therefrom and damage to
property, resulting from any act or occurrence arising out of Recipient's operations in the
performance of this Agreement, including, without limitation, acts involving vehicles. The amounts
of insurance shall be not less than the following: single limit coverage applying to bodily and
personal injury, including death resulting therefrom, and property damage, in the total amount of
$1,000,000 per occurrence, with $1,000,000 in the aggregate.
b. Business automobile liability insurance, or equivalent form, with a combined single
limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned,
hired and non -owned automobiles.
C. Worker's Compensation Insurance. In accordance with the provisions of Section
3700 of the Labor Code, Recipient, if Recipient has any employees, is required to be insured against
liability for worker's compensation or to undertake self-insurance. Prior to commencing the
performance of the work under this Agreement, Recipient agrees to obtain and maintain any
employer's liability insurance with limits not less than $1,000,000 per accident.
d. If Recipient is or employs a licensed professional such as an architect or engineer:
Professional liability (errors and omissions) insurance, with a combined single limit of not less than
$1,000,000 per claim with $2,000,000 in the aggregate.
e. The following requirements apply to the insurance to be provided by Recipient
pursuant to this section:
(i) Recipient shall maintain all insurance required above in full force and effect
for the entire period covered by this Agreement.
(ii) Certificates of insurance shall be furnished to the City upon execution of this
Agreement and shall be approved by the City.
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25A-6
ONM Mimi
(iii) Certificates and policies shall state that the policies shall not be canceled or
reduced in coverage or changed in any other material aspect without thirty (30) days prior
written notice to the City.
f. If Recipient fails or refuses to produce or maintain the insurance required by this
section or fails or refuses to furnish the City with required proof that insurance has been procured
and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate
this Agreement. Such termination shall not affect Recipient's right to be paid for its time and
materials expended prior to notification of termination. Recipient waives the right to receive
compensation and agrees to indemnify the City for any work performed prior to approval of
insurance by the City.
3.4 No Oversight by City. Nothing in this Agreement shall be implied or interpreted as
City establishing or providing oversight, control or approval of the Community Benefit or any
activities conducted by the Recipient.
3.5 Indemnification. Recipient understands, acknowledges and agrees that Recipient
shall assume all risks associated with the Community Benefit, including, but not limited to, the
possibility of death or serious trauma or injury. To this end, therefore, Recipient shall defend,
indemnify and hold City and its officials, officers, employees, agents and volunteers free and
harmless from and against any and all claims, demands, causes of action, costs, expenses, liabilities,
losses, damages or injuries, in law or equity, to property or persons, including wrongful death, in any
manner arising out of or incident to any and all acts, omissions, willful misconduct or other activities
of the Recipient or its officials, officers, employees, agents, guests, participants attendees, and
contractors, including the performance of the Community Benefit or this Agreement, including
without limitation the payment of all consequential damages and attorneys fees and other related
costs and expenses. The only exception to the Recipient's obligations hereunder shall be for claims,
demands, causes of action, costs, expenses, liabilities, losses, damages or injuries caused by the sole
negligence, sole willful misconduct or sole active negligence of the City. Recipient shall defend, at
Recipient' own cost, expense and risk, any and all such aforesaid suits, actions or other legal
proceedings of every kind that may be brought or instituted against the City, its officials, officers,
employees, agents, or volunteers. Recipient shall pay and satisfy any judgment, award or decree that
may be rendered against the City or its officials, officers, employees, agents, or volunteers, in any
such suit, action or other legal proceeding. Recipient shall reimburse City and its officials, officers,
employees, agents, and/or volunteers, for any and all legal expenses and costs incurred by each of
them in connection therewith or in enforcing the indemnity herein provided. Recipient' obligation to
indemnify shall not be restricted or limited by insurance proceeds, if any, received by the City, its
officials, officers, employers, agents or volunteers. The indemnification provisions of this
Agreement shall survive any expiration or termination of this Agreement.
3.6 Records. Recipient shall keep records and invoices in connection with the work
to be performed under this Agreement. Recipient shall maintain complete and accurate records with
respect to the costs incurred under this Agreement and any services, expenditures, and disbursements
charged to the City for a minimum period of three (3) years, or for any longer period required by
law, from the date of final payment to Recipient under this Agreement. All such records and
invoices shall be clearly identifiable. Recipient shall allow a representative of the City to examine,
3
25A-7
EXHIBIT 1
audit, and make transcripts or copies of such records and any other documents created pursuant to
this Agreement during regular business hours. Recipient shall allow inspection of all work, data,
documents, proceedings, and activities related to this Agreement for a period of three (3) years from
the date of final payment to Recipient under this Agreement.
3.7 Conflict Of Interest Clause. Recipient covenants that it presently has no interests
and shall not have interests, direct or indirect, which would conflict in any manner with performance
of services specified under this Agreement.
3.8 Independent Contractor. Recipient shall, during the entire term of this
Agreement, be construed to be an independent contractor and not an employee of the City. This
Agreement is not intended nor shall it be construed to create an employer -employee relationship, a
joint venture relationship, or to allow the City to exercise discretion or control over the professional
manner in which Recipient performs the services which are the subject matter of this Agreement;
however, the services to be provided by Recipient shall be provided in a manner consistent with all
applicable standards and regulations governing such services. Recipient shall pay all salaries and
wages, employer's social security taxes, unemployment insurance and similar taxes relating to
employees and shall be responsible for all applicable withholding taxes.
3.9 Assignment. Inasmuch as this Agreement is intended to secure the specialized
services of Recipient, Recipient may not assign, transfer, delegate, or subcontract any interest herein
without the prior written consent of the City and any such assignment, transfer, delegation or
subcontract without the City's prior written consent shall be considered null and void. Nothing in this
Agreement shall be construed to limit the City's ability to have any of the services which are the
subject to this Agreement performed by City personnel or by other Recipients retained by City.
3.10 Exclusivity and Amendment. This Agreement represents the. complete and exclusive
statement between the City and Recipient, and supersedes any and all other agreements, oral or
written, between the parties. In the event of a conflict between the terms of this Agreement and any
attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified
except by written instrument signed by the City and by an authorized representative of Recipient.
The parties agree that any terms or conditions of any purchase order or other instrument that are
inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate
Recipient or the City. Each party to this Agreement acknowledges that no representations,
inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone
acting on behalf of any party, which are not embodied herein.
3.11 Discrimination. Recipient shall not discriminate because of race, color, creed,
religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined
and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion,
termination or other employment related activities. Recipient affirms that it is an equal opportunity
employer and shall comply with all applicable federal, state and local laws and regulations.
3.12 Jurisdiction — Venue. This Agreement has been executed and delivered in the State
of California and the validity, interpretation, performance, and enforcement of any of the clauses of
this Agreement shall be determined and governed by the laws of the State of California. Both parties
4
25A-8
4040111-.1161
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above
written.
ATTEST:
CITY OF SANTA ANA
Daisy Gomez Kristine Ridge
Clerk of the Council City Manager
APPROVED AS TO FORM: "RECIPIENT"
Nati's House dba Neutral Ground
SONIAR. CARVALHO
City A7�W/L-
Ryan(qddge
By:
ame: ahvi ad Alvarado
Assis t Cit Attorney itle: Executive Director
RECOMMENDED FOR APPROVAL
Steven A. Mendoza
Executive Director
Community Development Agency
25A-9
EXHIBIT 1
City of Santa Ana CDBG Scope of Work
Program Year 2019-20 (July 1, 2019 - June 30, 2020)
Name of Organization Nati's House (dba Neutral Ground)
Name of Funded Program Neutral Ground .
Annual Accomplishment Goal
be served
Schedule of Performance
Unduplicated
(estimated) Participants
Quarter 1: JUL 1 - SEP 30 18
Quarter 2: OCT 1 - DEC 31 19
Quarter 3: JAN 1 - MAR 31 19
Quarter 4: APR 1 - JUN 30 19
75
Program and Funding Description
the 12-month contract period.
100%1 751 Low Income Participants 1 100%
Estimated
Invoicing
$ 12,500.00
$ 12,500.00
$ 12,500.00
$ 12,500.00
$ 50,000.00
I tirouna provides gang prevention and intervention, and positive youth
mming and mentoring through a multi -prong approach. Through City Funds,
I Ground will provide a variety of services and programming after -school to
students. In addition, Neutral Ground has highly -skilled Community
-ntion Workers that provide street outreach and first responder services to the
ter -school services are offered 6 days a week After school and intervention services
rered 7 days a week with most students accessing services at least weekly.
ogramming, services, and interventions are offered in multiple, tiered ways in order
most directly affect the student. Group programming is offered after -school in the
rms of group mentoring, restorative justice circles, community service, and special
esentations or events. One on one case management, violence intervention, gang
;engagement, and mentoring is consistently offered, and usually accessed at least
weekly. Street outreach and home visits are also conducted as needed. Neutral
ound has seen the impact that consistent and quality after -school case management
s in the success of a project. Accordingly, Neutral Ground interventionists are
tined heavily in the case management process because it is important to establish a
Iture of accountability and performance. Staff assesses students based on their level
need for intensive after -school case management, and provide case management
rvices as appropriate. Each student served will have their own individual case file
th relevant information, and every contact with that student will be entered into
se notes on a consistent basis. Staff will work with students after school to identify
tential barriers to their success at school and outside of school. Upon identification
any barriers, services and/or referrals to community partners will be made in order
mitigate the barriers. Neutral Ground staff will offer three different types of
EXHIBIT 1
.enced-based mentoring practices. This will provide different levels of engagement
intensity that will accommodate each student's unique emotional and social
Is. The three -different evidence based mentoring practices are as follows: 1. Staff
offer one-on-one mentoring after school to youth on a daily basis. 2. Group
storing opportunities through circles and breakout groups will encourage
tents' positive behavioral growth through both an adult staff facilitator as well as
high peer -to -peer interactions. 3. Service -based mentoring will be provided
high other venues, such as after school community service projects, or post-
indary education linkages.
idividual case management and mentoring will be student -led with an adult. This will
•eate a dynamic that will encourage students to disclose information and seek out the
eutral Ground staff member with whom they have the most connection. Neutral
round staff will meet after school, at least weekly, to discuss students' progress in
rder to provide support to each other as well as to provide organizational knowledge
could another staff member need to step in, support and help serve the student. All
:aff members are trained in restorative practice circles, including Victim -Offender
the
the Office of Juvenile Justice and
EXHIBIT 1
FISCAL YEAR 2019-2020
PROGRAM BUDGET
Organization Name Nati's House dba Neutral Ground
Program Name Neutral Ground
EXPENDITURES
Enter budget categories and projected expenditures for the proposed program:
Category
Expenditures
Funded By
Santa Ana
CDBG
Expenditures
Funded By
Other Sources
Program
Budget
Total
Organization
Budget
Administrative Staff Salaries no Benefits
$6,032
$6,032
$ 6,032
Program Staff Salaries & Benefits
$31,500
$31,500
$ 31,500
Direct Program Supplies
$7,423
$7,423
$ 7,423
Mileage for Home Visits
$500
$500
$ 500
$0
0
$0
$0
0
$0
$0
0
$0
$0
0
$0
$0
0
$0
$0
TOTAL Direct Costs
$45,455
$0
$45,455
$45,455
Indirect Costs 10%
$4,546
$4,546
TOTAL -BUDGET
$50,001
$0
$50,001
$45,455
Indirect cost rate: 10% Non -Federal entity without federaly recognized negotiated indirect
cost rate, will charge a de minimis rate of 10% of modified total direct
costs.
PROGRAM RESOURCES
LIST ALL OTHER PROGRAM RESOURCES FOR 2019-2020
Funding Source Total n
I otal listed above.
FUNDING SOURCE I AMOUNT
Santa Ana CDBG 1 $ 50.000
TOT
EXHIBIT 1
2019-2020 CDBG BUDGET LINE ITEMS
ADMINISTRATIVE STAFF
Position Title
Annual Salary
& Benefits
CDBG Funds
Requested
Description
President
$ 60,116
$ 6,032
.10%Admin
PROGRAM STAFF
Position Title
Annual Salary
& Benefits
CDBG Funds
Requested
Description
Program Director
$ 60,116
$ 15,000
.23% FTE
Ow
$ 40,000
$ 16,500
.40% FTE
CONTRACTUAL/PROFESSIONAL SERVICES
Type of Service
Contract
Amount
CDBG Funds
Requested
Description
OTHER LINE ITEMS
Line Item
Program
Amount
CDBG Funds
Requested
Description
Direct Program Supplies
$ 12,000
$ 7,423
Supplies tied directly to participant programining
Mileage for Home Visits
$ 500
$ 500
Mileage
PAP"',,�I F
25A-14
1:►:40611:1166
CITY OF SANTA ANA
COMMUNITY BENEFIT AGREEMENT WITH
SANTA ANA XTREME SOFTBALL
1. PARTIES AND DATE
This Community Benefit Agreement ("Agreement") is entered into on August 20, 2019, by
and between the City of Santa Ana, a charter city and municipal corporation organized and existing
under the Constitution and laws of the State of California ("City") and Santa Ana Xtreme Softball, a
California non-profit organization ("Recipient"). City and Recipient are sometimes individually
referred to as "Party" and collectively as "Parties" in this Agreement.
2. RECITALS
2.1 Community Benefit. The City wishes to provide Recipient with funding to assist
Recipient in operating a youth softball team that develops female athletes as future civic leaders
through self-discipline, hard -work and important life lessons ("Community Benefit"). The Parties
wish to enter into this Agreement to establish the terms and conditions under which the City will
provide funding for such program.
2.2 Public Purpose. The City believes there is a public purpose in supporting the
Community Benefit because it will assist City residents with providing a healthy activity and training
in an atmosphere of community participation. The foregoing is a general description of the public
purpose, and is not necessarily the only public purpose to be gained from the Community Benefit.
3. TERMS AND CONDITIONS
3.1 Use of Funds. The City has chosen to provide Recipient with Thirty -Thousand
Dollars ($30,000.00) because the City has determined that there is a public purpose to be served in
supporting the Community Benefit. Such funds shall be expended by Subrecipient on or before June
30, 2020. The funds shall be disbursed by City to Subrecipient on a quarterly basis subject to and
upon receipt and approval of a complete quarterly activity report from Subrecipient, with the final
payment subject to the satisfaction of the condition precedent of submittal of complete reporting
information due on or before July 15 of the applicable funding year, as hereinafter more fully set
forth. SUBRECIPIENT shall be obligated to perform such duties as would normally extend beyond
the term, including, but not limited to, obligations with respect to indemnification, audits, reporting,
data retention/reporting, and accounting. Failure to provide any of the required documentation and
reporting will cause CITY to withhold all or a portion of a request for reimbursement, or return the
entire reimbursement package to SUBRECIPIENT, until such documentation and reporting has been
received and approved by CITY. In executing this Agreement and receiving the funds, Recipient
agrees to use the funds only for the purpose described and subject to the terms and conditions
provided for in this Agreement, and set forth in greater detail in Exhibit A ("Scope of Services")
attached hereto and incorporated herein by reference. Should Recipient fail to use the funds for such
purpose or otherwise comply fully with the terms of this Agreement, City shall have the right to
terminate this Agreement and demand the return of the funds pursuant to Section 3.2 below.
25A-15
EXHIBIT 2
3.2 Term; Termination of Agreement. This Agreement shall take effect on August 20,
2019 and remain in effect through June 30, 2020. The City has the right to terminate this Agreement
upon one day's notice, with or without cause. Should the City terminate this Agreement, it shall also
have the right to demand the immediate return of all funds provided to Recipient pursuant to this
Agreement, as well as interest at the rate of ten percent (10%) per annum. Notwithstanding the
foregoing, the indemnification provisions of this Agreement shall survive any expiration or
termination of this Agreement.
3.3 Insurance. Prior to undertaking performance of work under this Agreement,
Recipient shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance
as described below:
a. Commercial General Liability Insurance. Recipient shall maintain commercial
general liability insurance naming the City, its officers, employees, agents, volunteers and
representatives as additional insured(s) and shall include, but not be limited to protection against
claims arising from bodily and personal injury, including death resulting therefrom and damage to
property, resulting from any act or occurrence arising out of Recipient's operations in the
performance of this Agreement, including, without limitation, acts involving vehicles. The amounts
of insurance shall be not less than the following: single limit coverage applying to bodily and
personal injury, including death resulting therefrom, and property damage, in the total amount of
$1,000,000 per occurrence, with $1,000,000 in the aggregate.
b. Business automobile liability insurance, or equivalent form, with a combined single
limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned,
hired and non -owned automobiles.
C. Worker's Compensation Insurance. In accordance with the provisions of Section
3700 of the Labor Code, Recipient, if Recipient has any employees, is required to be insured against
liability for worker's compensation or to undertake self-insurance. Prior to commencing the
performance of the work under this Agreement, Recipient agrees to obtain and maintain any
employer's liability insurance with limits not less than $1,000,000 per accident.
d. If Recipient is or employs a licensed professional such as an architect or engineer:
Professional liability (errors and omissions) insurance, with a combined single limit of not less than
$1,000,000 per claim with $2,000,000 in the aggregate.
e. The following requirements apply to the insurance to be provided by Recipient
pursuant to this section:
(i) Recipient shall maintain all insurance required above in full force and effect
for the entire period covered by this Agreement.
(ii) Certificates of insurance shall be famished to the City upon execution of this
Agreement and shall be approved by the City.
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25A-16
EXHIBIT 2
(iii) Certificates and policies shall state that the policies shall not be canceled or
reduced in coverage or changed in any other material aspect without thirty (30) days prior
written notice to the City.
f. If Recipient fails or refuses to produce or maintain the insurance required by this
section or fails or refuses to famish the City with required proof that insurance has been procured
and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate
this Agreement. Such termination shall not affect Recipient's right to be paid for its time and
materials expended prior to notification of termination. Recipient waives the right to receive
compensation and agrees to indemnify the City for any work performed prior to approval of
insurance by the City.
3.4 No Oversight by City. Nothing in this Agreement shall be implied or interpreted as
City establishing or providing oversight, control or approval of the Community Benefit or any
activities conducted by the Recipient.
3.5 Indemnification. Recipient understands, acknowledges and agrees that Recipient
shall assume all risks associated with the Community Benefit, including, but not limited to, the
possibility of death or serious trauma or injury. To this end, therefore, Recipient shall defend,
indemnify and hold City and its officials, officers, employees, agents and volunteers free and
harmless from and against any and all claims, demands, causes of action, costs, expenses, liabilities,
losses, damages or injuries, in law or equity, to property or persons, including wrongful death, in any
manner arising out of or incident to any and all acts, omissions, willful misconduct or other activities
of the Recipient or its officials, officers, employees, agents, guests, participants attendees, and
contractors, including the performance of the Community Benefit or this Agreement, including
without limitation the payment of all consequential damages and attorneys fees and other related
costs and expenses. The only exception to the Recipient's obligations hereunder shall be for claims,
demands, causes of action, costs, expenses, liabilities, losses, damages or injuries caused by the sole
negligence, sole willful misconduct or sole active negligence of the City. Recipient shall defend, at
Recipient' own cost, expense and risk, any and all such aforesaid suits, actions or other legal
proceedings of every kind that may be brought or instituted against the City, its officials, officers,
employees, agents, or volunteers. Recipient shall pay and satisfy any judgment, award or decree that
may be rendered against the City or its officials, officers, employees, agents, or volunteers, in any
such suit, action or other legal proceeding. Recipient shall reimburse City and its officials, officers,
employees, agents, and/or volunteers, for any and all legal expenses and costs incurred by each of
them in connection therewith or in enforcing the indemnity herein provided. Recipient' obligation to
indemnify shall not be restricted or limited by insurance proceeds, if any, received by the City, its
officials, officers, employers, agents or volunteers. The indemnification provisions of this
Agreement shall survive any expiration or termination of this Agreement.
3.6 Records. Recipient shall keep records and invoices in connection with the work
to be performed under this Agreement. Recipient shall maintain complete and accurate records with
respect to the costs incurred under this Agreement and any services, expenditures, and disbursements
charged to the City for a minimum period of three (3) years, or for any longer period required by
law, from the date of final payment to Recipient under this Agreement. All such records and
invoices shall be clearly identifiable. Recipient shall allow a representative of the City to examine,
3
25A-17
EXHIBIT 2
audit, and make transcripts or copies of such records and any other documents created pursuant to
this Agreement during regular business hours. Recipient shall allow inspection of all work, data,
documents, proceedings, and activities related to this Agreement for a period of three (3) years from
the date of final payment to Recipient under this Agreement.
3.7 Conflict Of Interest Clause. Recipient covenants that it presently has no interests
and shall not have interests, direct or indirect, which would conflict in any manner with performance
of services specified under this Agreement.
3.8 Independent Contractor. Recipient shall, during the entire term of this
Agreement, be construed to be an independent contractor and not an employee of the City. This
Agreement is not intended nor shall it be construed to create an employer -employee relationship, a
joint venture relationship, or to allow the City to exercise discretion or control over the professional
manner in which Recipient performs the services which are the subject matter of this Agreement;
however, the services to be provided by Recipient shall be provided in a manner consistent with all
applicable standards and regulations governing such services. Recipient shall pay all salaries and
wages, employer's social security taxes, unemployment insurance and similar taxes relating to
employees and shall be responsible for all applicable withholding taxes.
3.9 Assignment. Inasmuch as this Agreement is intended to secure the specialized
services of Recipient, Recipient may not assign, transfer, delegate, or subcontract any interest herein
without the prior written consent of the City and any such assignment, transfer, delegation or
subcontract without the City's prior written consent shall be considered null and void. Nothing in this
Agreement shall be construed to limit the City's ability to have any of the services which are the
subject to this Agreement performed by City personnel or by other Recipients retained by City.
. 3.10 Exclusivity and Amendment. This Agreement represents the complete and exclusive
statement between the City and Recipient, and supersedes any and all other agreements, oral or
written, between the parties. hi the event of a conflict between the terms of this Agreement and any
attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified
except by written instrument signed by the City and by an authorized representative of Recipient.
The parties agree that any terms or conditions of any purchase order or other instrument that are
inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate
Recipient or the City. Each party to this Agreement acknowledges that no representations,
inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone
acting on behalf of any party, which are not embodied herein.
3.11 Discrimination. Recipient shall not discriminate because of race, color, creed,
religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined
and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion,
termination or other employment related activities. Recipient affirms that it is an equal opportunity
employer and shall comply with all applicable federal, state and local laws and regulations.
3.12 Jurisdiction — Venue. This Agreement has been executed and delivered in the State
of California and the validity, interpretation, performance, and enforcement of any of the clauses of
this Agreement shall be determined and governed by the laws of the State of California. Both parties
2
25A-18
EXHIBIT 2
further agree that Orange County, California, shall be the venue for any action or proceeding that
may be brought or arise out of, in connection with or by reason of this Agreement.
3.13 Professional Licenses. Recipient shall, throughout the term of this Agreement,
maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the
provision of the services hereunder and required by the laws and regulations of the United States, the
State of California, the City of Santa Ana and all other governmental agencies. Recipient shall notify
the City immediately and in writing of its inability to obtain or maintain such permits, licenses,
approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement.
3.14 Entire Contmct/Modification. This Agreement contains the entire agreement of the
Parties with respect to the subject matter hereof, and supersedes all prior negotiations,
understandings or agreements. The terms and conditions of this Agreement may be altered, modified
or amended only by written agreement signed by both Parties.
3.15 Authority to Enter Agreement. The person executing below on behalf of Recipient
represents and warrants that the Recipient has all requisite power and authority to conduct its
business and to execute, deliver and perform this Agreement. Each Party warrants that the
individuals who have signed this Agreement have the legal power, right and authority to make this
Agreement bind each respective Party.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first
above written.
ATTEST:
Daisy Gomez
Clerk of the Council
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attomp."
0
Attorney
FOR APPROVAL
Steven A. Mendoza
Executive Director
Community Development Agency
CITY OF SANTA ANA
Kristine Ridge
City Manager
"RECIPIENT'
Santa Ana Xtreme
I)i ie: Maquivi De La Rosa
Title: Executive Director
25A-19
EXHIBIT 2
City of Santa Ana Scope of Work
Program Year 2019-20 (July 1, 2019 - June 30, 2020)
Name of Organization Santa Ana Xtreme Softball
Name of Funded Program Santa Ana Xtreme Fastpitch
Annual Accomplishment Goal
Unduplicated Participants antici ated to be served duringthe 12-month contract period.
45 TOTAL 45 Santa Ana Participants 100%1 1 451 Low Income Participants 100%
Schedule of Performance
(estimated)
Quarter 1: JUL 1 - SEP 30
Quarter 2: OCT 1 - DEC 31
Quarter 3: JAN 1 - MAR 31
Quarter4: APR 1 -JUN 30
Unduplicated Estimated
Participants Invoicing
11 $ 7,500.00
11 $ 7,500.00
12 $ 7,500.00
11 $ 7,500.00
45 $ 30,000.00
We provide a safe structured environment that teaches young female athletes how to play the
game of softball at an elite level in preparation for High School and College participation as a
student athlete. This is done be providing group and one-on-one lessons for each players various
needs. In addition, to providing homework assistance, time management skills, preparation for
various college entry requirements (SAT, ACT,
etc.), financial aid applications, college entry applications, early college acceptance and finding
colleges that will provide financial scholarships to each players unique financial situation. If
additional finances can be secured for our program, we would provide tutoring, test taking
preparation skills, screen for test anxiety and additional college entry test preparation. One of the
organizations primary goals is to help these female youths develop their interpersonal and
communication skills along with self-discipline and teamwork. In hopes they will one day become
future civil leaders that will give back to their community. The organization also takes these female
athletes to college
recruiting events throughout the United States to college recruiting events and functions to help
increase their chances of being accepted to a college of their choice. The frequency of our
programs services are 3-4 times weekly. Our target population is female youths in the city of Sant,
Ana. It is primarily done in a group setting, but various times throughout the year it will be done on
a one-on-one basis when extra help is needed or if that will be the most productive for the
individual in need of additional help.
2H'TLO
EXHIBIT 2
Organization Name
FISCAL YEAR 2019-2020
PROGRAM BUDGET
Xtreme Softball
Program Name Santa Ana Xtreme Fastpitch
EXPENDITURES
Enter budget categories and projected expenditures for the proposed program: Slaries no benefits
Category
Expenditures
Funded By
Santa Ana
City Funds
Expenditures
Funded By
Other Sources
Program
Budget
Total
Organization
Budget
Administrative Staff Salaries
$8,273
$ 6,000
$14,273
$ 15,000
Program Staff Salaries & Benefits
$15,000
$ 10,000
$25,000
$ 25,000
Contractual/Professional Services
$1,000
$ 400
$1,400
$ 1,400
Field Fees
$2,000
$ 2,000
$4,000
$ 6,000
Travel (4 coachs)
$0
$0
Equipment
$0
$0
Tournament & Friendly Games
$0
$0
Business License, Insurance
$1,000
$1,000
Office Supplies
$0
$0
Uniforms
$0
$0
TOTAL Direct Costs
$27,273
$18,400
$45,673
$47,400
Indirect Costs 10%
$2,727
$2,727
TOTAL BUDGET
$30,000
$18,400
$48,400
$47,400
* Indirect cost rate: 10% Non -Federal entity without federaly recognized negotiated indirect
cost rate, will charge a de minimis rate of 10% of modified total direct
costs.
PROGRAM RESOURCES
LIST ALL OTHER PROGRAM RESOURCES FOR 2019-2020
Funding Source Total
must equal Program Budget Total listed above.
FUNDING SOURCE AMOUNT
Santa Ana City Funds
TOTAL $
r�
EXHIBIT 2
2019-2020 CITY FUNDS BUDGET LINE ITEMS
ADMINISTRATIVE STAFF
Position Title
Annual Salary
& Benefits
City Funds
Requested
Description
President
$ 3,000
$ 4,500
Oversee organization & hold quarterly meetings
Vice President/Treasurer
$ 3,000
$ 4,500
Assist President with duties & maintain organization
finances.
PROGRAM STAFF
Position Title
Annual Salary
& Benefits
City Funds
Requested
Description
Events Coordinator
$ 1,300
$ 2,000
Coach the team on fundamentals of softball
Operations Administrator
$ 2,000
$ 3,000
Field and Site Supervisor
$ 1,300
$ 2,000
Pitching Instructor/Coach
$ 1,600
$ 2,500
Hitting/Strength & Conditioning
Instructor
$ 750
$ 1,000
Hitting & Defensive Instructor
$ 2,300
$ 3,500
,Pitching/Hitting &Defensive,lnst $ 750 $ 1,000
CONTRACTUAL/PROFESSIONAL SERVICES
Type of Service
Contract
Amount
CDBG Funds
I Requested
I Description
Defensive Instructor
$ 700
$ 700
lInstructor to provide clinic on fielding in softball
Conditioning Instructor
$ 700
1 $ 700
1 Instructor to provide clinic on conditioning
OTHER LINE ITEMS
Line Item
Program
Amount
CDBG Funds
Requested
Description
Field Fees
$ 6,000
$ 2,273
Fields used to hold practice and play games
Travel (4 coachs)
$ 2,000
Out of area travel (mileage or airfare, hotel)
Equipment
$ 2,000
Bases for field, softballs, equipment to upkeep fields
Tournament & Friendly Games
$ 18,000
Competitive Games played
Business License, Insurance
$
$ 1,000
10perate in the City & provide Insurance to all players
Office Supplies
I $ 500.00
1
IPaper, copier ink, Postage, envelopes, etc
Uniforms 1
$ 10,000
1
1 Practice & tournament uniforms to play in games
2SIA(T 212
EXHIBIT 3
CITY OF SANTA ANA
COMMUNITY BENEFIT AGREEMENT WITH
WISEPLACE
1. PARTIES AND DATE
This Community Benefit Agreement ("Agreement") is entered into on August 20, 2019, by
and between the City of Santa Ana, a charter city and municipal corporation organized and existing
under the Constitution and laws of the State of California ("City") and WISEPlace, a California non-
profit organization ("Recipient). City and Recipient are sometimes individually referred to as
"Party" and collectively as "Parties" in this Agreement.
2. RECITALS
2.1 Community Benefit. The City wishes to provide Recipient with funding to assist in
operating with programs that help transition unaccompanied homeless women back to self-
sufficiency and reunite them with their families ("Community Benefit"). The Parties wish to enter
into this Agreement to establish the terms and conditions under which the City will provide funding
for such program.
2.2 Public Purpose. The City believes there is a public purpose in supporting the
Community Benefit because it will assist City residents with providing a healthy activity and training
in an atmosphere of community participation. The foregoing is a general description of the public
purpose, and is not necessarily the only public purpose to be gained from the Community Benefit.
3. TERMS AND CONDITIONS
3.1 Use of Funds. The City has chosen to provide Recipient with Thirty -Thousand
Dollars ($30,000.00), as detailed in Exhibit B ("Program Budget") attached hereto and incorporated
herein by reference, because the City has determined that there is a public purpose to be served in
supporting the Community Benefit. Such funds shall be expended by Recipient on or before June
30, 2020. The funds shall be disbursed by City to Recipient on a quarterly basis subject to and upon
receipt and approval of a complete quarterly activity report from Recipient, with the final payment
subject to the satisfaction of the condition precedent of submittal of complete reporting information
due on or before July 15 of the applicable funding year, as hereinafter more fully set forth. Recipient
shall be obligated to perform such duties as would normally extend beyond the term, including, but
not limited to, obligations with respect to indemnification, audits, reporting, data retention/reporting,
and accounting. Failure to provide any of the required documentation and reporting will cause City
to withhold all or a portion of a request for reimbursement, or return the entire reimbursement
package to Recipient, until such documentation and reporting has been received and approved by
City. In executing this Agreement and receiving the funds, Recipient agrees to use the funds only for
the purpose described and subject to the terms and conditions provided for in this Agreement, and set
forth in greater detail in Exhibit A ("Scope of Services") attached hereto and incorporated herein by
reference. Should Recipient fail to use the funds for such purpose or otherwise comply fully with the
terms of this Agreement, City shall have the right to terminate this Agreement and demand the return
of the funds pursuant to Section 3.2 below.
25A-23
EXHIBIT 3
3.2 Term; Termination of Agreement. This Agreement shall take effect on August 20,
2019, and remain in effect through June 30, 2020. The City has the right to terminate this
Agreement upon one day's notice, with or without cause. Should the City terminate this Agreement,
it shall also have the right to demand the immediate return of all funds provided to Recipient
pursuant to this Agreement, as well as interest at the rate of ten percent (10%) per annum.
Notwithstanding the foregoing, the indemnification provisions of this Agreement shall survive any
expiration or termination of this Agreement.
3.3 Insurance. Prior to undertaking performance of work under this Agreement,
Recipient shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance
as described below:
a. Commercial General Liability Insurance. Recipient shall maintain commercial
general liability insurance naming the City, its officers, employees, agents, volunteers and
representatives as additional insured(s) and shall include, but not be limited to protection against
claims arising from bodily and personal injury, including death resulting therefrom and damage to
property, resulting from any act or occurrence arising out of Recipient's operations in the
performance of this Agreement, including, without limitation, acts involving vehicles. The amounts
of insurance shall be not less than the following: single limit coverage applying to bodily and
personal injury, including death resulting therefrom, and property damage, in the total amount of
$1,000,000 per occurrence, with $1,000,000 in the aggregate.
b. Business automobile liability insurance, or equivalent form, with a combined single
limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned,
hired and non -owned automobiles.
C. Worker's Compensation Insurance. In accordance with the provisions of Section
3700 of the Labor Code, Recipient, if Recipient has any employees, is required to be insured against
liability for worker's compensation or to undertake self-insurance. Prior to commencing the
performance of the work under this Agreement, Recipient agrees to obtain and maintain any
employer's liability insurance with limits not less than $1,000,000 per accident.
d. If Recipient is or employs a licensed professional such as an architect or engineer:
Professional liability (errors and omissions) insurance, with a combined single limit of not less than
$1,000,000 per claim with $2,000,000 in the aggregate.
e. The following requirements apply to the insurance to be provided by Recipient
pursuant to this section:
(i) Recipient shall maintain all insurance required above in full force and effect
for the entire period covered by this Agreement.
(ii) Certificates of insurance shall be furnished to the City upon execution of this
Agreement and shall be approved by the City.
OA
25A-24
IOVA: 11:311991
(iii) Certificates and policies shall state that the policies shall not be canceled or
reduced in coverage or changed in any other material aspect without thirty (30) days prior
written notice to the City.
f. If Recipient fails or refuses to produce or maintain the insurance required by this
section or fails or refuses to famish the City with required proof that insurance has been procured
and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate
this Agreement. Such termination shall not affect Recipient's right to be paid for its time and
materials expended prior to notification of termination. Recipient waives the right to receive
compensation and agrees to indemnify the City for any work performed prior to approval of
insurance by the City.
3.4 No Oversight by City. Nothing in this Agreement shall be implied or interpreted as
City establishing or providing oversight, control or approval of the Community Benefit or any
activities conducted by the Recipient.
3.5 Indemnification. Recipient understands, acknowledges and agrees that Recipient
shall assume all risks associated with the Community Benefit, including, but not limited to, the
possibility of death or serious trauma or injury. To this end, therefore, Recipient shall defend,
indemnify and hold City and its officials, officers, employees, agents and volunteers free and
harmless from and against any and all claims, demands, causes of action, costs, expenses, liabilities,
losses, damages or injuries, in law or equity, to property or persons, including wrongful death, in any
manner arising out of or incident to any and all acts, omissions, willful misconduct or other activities
of the Recipient or its officials, officers, employees, agents, guests, participants attendees, and
contractors, including the performance of the Community Benefit or this Agreement, including
without limitation the payment of all consequential damages and attorneys fees and other related
costs and expenses. The only exception to the Recipient's obligations hereunder shall be for claims,
demands, causes of action, costs, expenses, liabilities, losses, damages or injuries caused by the sole
negligence, sole willful misconduct or sole active negligence of the City. Recipient shall defend, at
Recipient' own cost, expense and risk, any and all such aforesaid suits, actions or other legal
proceedings of every kind that may be brought or instituted against the City, its officials, officers,
employees, agents, or volunteers. Recipient shall pay and satisfy any judgment, award or decree that
may be rendered against the City or its officials, officers, employees, agents, or volunteers, in any
such suit, action or other legal proceeding. Recipient shall reimburse City and its officials, officers,
employees, agents, and/or volunteers, for any and all legal expenses and costs incurred by each of
them in connection therewith or in enforcing the indemnity herein provided. Recipient' obligation to
indemnify shall not be restricted or limited by insurance proceeds, if any, received by the City, its
officials, officers, employers, agents or volunteers. The indemnification provisions of this
Agreement shall survive any expiration or termination of this Agreement.
3.6 Records. Recipient shall keep records and invoices in connection with the work
to be performed under this Agreement. Recipient shall maintain complete and accurate records with
respect to the costs incurred under this Agreement and any services, expenditures, and disbursements
charged to the City for a minimum period of three (3) years, or for any longer period required by
law, from the date of final payment to Recipient under this Agreement. All such records and
invoices shall be clearly identifiable. Recipient shall allow a representative of the City to examine,
Cl
25A-25
EXHIBIT 3
audit, and make transcripts or copies of such records and any other documents created pursuant to
this Agreement during regular business hours. Recipient shall allow inspection of all work, data,
documents, proceedings, and activities related to this Agreement for a period of three (3) years from
the date of final payment to Recipient under this Agreement.
3.7 Conflict Of Interest Clause. Recipient covenants that it presently has no interests
and shall not have interests, direct or indirect, which would conflict in any manner with performance
of services specified under this Agreement.
3.8 Independent Contractor. Recipient shall, during the entire term of this
Agreement, be construed to be an independent contractor and not an employee of the City. This
Agreement is not intended nor shall it be construed to create an employer -employee relationship, a
joint venture relationship, or to allow the City to exercise discretion or control over the professional
manner in which Recipient performs the services which are the subject matter of this Agreement;
however, the services to be provided by Recipient shall be provided in a manner consistent with all
applicable standards and regulations governing such services. Recipient shall pay all salaries and
wages, employer's social security taxes, unemployment insurance and similar taxes relating to
employees and shall be responsible for all applicable withholding taxes.
3.9 Assignment. Inasmuch as this Agreement is intended to secure the specialized
services of Recipient, Recipient may not assign, transfer, delegate, or subcontract any interest herein
without the prior written consent of the City and any such assignment, transfer, delegation or
subcontract without the City's prior written consent shall be considered null and void. Nothing in this
Agreement shall be construed to limit the City's ability to have any of the services which are the
subject to this Agreement performed by City personnel or by other Recipients retained by City.
3.10 - Exclusivity and Amendment. This Agreement represents the. complete and exclusive
statement between the City and Recipient, and supersedes any and all other agreements, oral or
written, between the parties. In the event of a conflict between the terms of this Agreement and any
attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified
except by written instrument signed by the City and by an authorized representative of Recipient.
The parties agree that any terms or conditions of any purchase order or other instrument that are
inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate
Recipient or the City. Each party to this Agreement acknowledges that no representations,
inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone
acting on behalf of any party, which are not embodied herein.
3.11 Discrimination. Recipient shall not discriminate because of race, color, creed,
religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined
and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion,
termination or other employment related activities. Recipient affirms that it is an equal opportunity
employer and shall comply with all applicable federal, state and local laws and regulations.
3.12 Jurisdiction — Venue. This Agreement has been executed and delivered in the State
of California and the validity, interpretation, performance, and enforcement of any of the clauses of
this Agreement shall be determined and governed by the laws of the State of California. Both parties
4
25A-26
EXHIBIT 3
further agree that Orange County, California, shall be the venue for any action or proceeding that
may be brought or arise our of. in co:= eciion with or by reason of this Agreement.
3.13 Professional Licenses. Recipient shall, throughout the term of this Agreement,
maintain all necessary licenses. permits. approvals, waivers, and exemptions necessary for the
provision of the services hcreunder and required by the laws and regulations of the United States, the
State of California, the City Of St nta A -,-.-a and ail other governmental agencies. Recipient shall notify
the City immediately and `n vriting of its inability to obtain or maintain such permits, licenses,
approvals, waivers, anV exaa;,xio,_s. Said inabiiity shall be cause for termination of this Agreement.
3.14 Entire Cow.actfylod.jcsrior.. This Agreement contains the entire agreement of the
Parties with respect to the subject matter hereof, and supersedes all prior negotiations,
understandings or agreemerris. The :arms end conditions of this Agreement may be altered, modified
or amended only by written agreement signec by both Parties.
3.15 Aath z tti . __ a: z•� aa.:;, The person executing below on behalf of Recipient
represents and warrants that the lecioien: has all regttisite power and authority to conduct its
business and to execute• deliver and perform this Agreement. Each Party warrants that the
individuals who have signed ens Agreement have the legal power, right and authority to make this
Agreement bind each respecir:e P=y.
IN WITNESS WHEREOF, the parties hererc itave executed this Agreement the date and year first
above written.
ATTEST:
Daisy Gomez
Clerk of the Council
APPROVED AS TO FORM:
SONIA R. CARVAiLEO
City Attornpy--). n
0
City
FOR APPROVAL:
Steven A. Mendoza
Executive Director
CommunityDcvelcpmcnt Age!cy
CITY OF SANTA ANA
Kristine Ridge
CityY_anager
"RECIPIENT"
WiS=Place
Name: Erateil Aghasi
Title: Executive Director
25A-27
EXHIBIT 3
Name of Organization
Name of Funded Program
City of Santa Ana Scope of Work
Program Year 2019-20 (August 1, 2019 - June 30, 2020)
W ISEPlace
Steps to Independence
Annual Accomplishment Goal
Unduplicated Participants anticipated to be served during the 12-month contract enod.
30 TOTAL 30 Santa Ana Participants 100% 30 Low Income Participants 100%
Schedule of Performance
(estimated)
Quarter 1: JUL 1 - SEP 30
Quarter 2: OCT 1 -DEC 31
Quarter 3: JAN 1 - MAR 31
Quarter 4: APR 1 - JUN 30
Unduplicated
Participants
8
B
8
6
30
Program and Funding Description
Estimated
Invoicing
$
7,500.00
$
7,500.00
$
7,500.00
$
7,500.00
$
30,000.00
Place programs help transition unaccompanied homeless women back to self-sufficiency and
to them with their families. Our core program, Steps to Independence, provides stop -gap housing and
by meals, meeting the most basic need of homeless women. We then work to develop long term
efficiency by addressing employment, medical and mental health challenges, budgeting and housing options.
managers provide personalized help for each woman to overcome issues that led to homelessness. We
)rt graduates to help them maintain self-sufficiency and become productive members of our community. In
, we anticipate serving 100-110 women.
The Steps to Independence program is designed to serve the following major groups of women we serve:
A. "Steps to Independence" targets women who are victims of domestic violence, human trafficking, are
recovering from drug and/or alcohol abuse or who have been referred by an emergency shelter program.
Increasingly, it also serves women who have survived a devastating financial reversal. Along with safe and
affordable housing, residents receive a variety of support services including case management, required
financial empowerment curriculum, employment assistance, clothing, meals, transportation, individual
counseling and referrals to other community resources.
B. "First Step" targets the growing number of young women who emancipate from the foster care system
and are literally landing on the streets with no support system and very few survival skills.
C. "Senior Step" provides solutions to the health and job -related challenges facing senior, homeless
women.
D. "Step Up" provides women with developmental disabilities more intense life skills training and health
maintenance in addition to all of the services offered through our "Steps to Independence" program.
E. "Positive Step" provides second stage housing for up to 5 WISEPlace graduates for up to two years,
continuing their transition to self-sufficiency. Positive Step serves women with the most intensive service
needs; women that have been chronically homeless with a contributing condition such as mental illness or
drug abuse.
F. "SRO" (single room occupancy) is a shorter -term program for women who have income but need a
place to stabilize while looking for permanent housing.
EXHIBIT 3
FISCAL YEAR 2019-2020
PROGRAM BUDGET
Organization Name WISEPlace
Program Name Steps to Independence
EXPENDITURES
Enter budget categories and projected expenditures for the proposed program:
Category
Expenditures
Funded By
Santa Ana
CDBG
Expenditures
Funded By
Other Sources
Program
Budget
Total
Organization
Budget
Program Staff Salaries & Benefits
$30,000
$
384,060'
$414,060
$
577,496
Contractual/Professional Services
$0
$
24,510
$24,510
$
38,904
Safety & Security
$0
$
53,734
$53,734
$
53,734
Repairs & Maintenance
$0
$
12,400
$12,400
$
12,400
Communications & Marketing
$0
$
4,590
$4,590
$
14,924
Utilities
$0
$
28,900
$28,900
$
34,400
Program Expenses
$0
$
16,500
$
16,500
$
16,500
Program pass through expenses
$0
$
6,100
$
6,100
$
6,100
SAFEPIace Pass Through Expenses
$0
$
-
$0
$
997,000
Training & Office Equipment
$0
$
8,130
$8,130
$
11,130
General Office
$0
$
4,480
$4,480
$
4,480
Positive Step House Lease
$0
$
42,000
$0
$
42,000
Insurance & Property Taxes
$0
$
25,590
$25,590
$
40,645
Professional Fees/Data Collection
$0
$
'33,365
$
33,365
$
61,421
Other
1 $0
$
$
$
25,330
TOTAL DIRECT COSTS
$30,000
$
644,359
$
674,359
$
1,936,464
Indirect Costs 10%
$0
$0
TOTAL BUDGET
1 $30,0001
$644,3591
$674,3591
$1,936,464
* Indirect cost rate: 10% Non -Federal entity without federaly recognized negotiated indirect
cost rate, will charge a de minimis rate of 10% of modified total direct
costs.
PROGRAM RESOURCES
LIST ALL OTHER PROGRAM RESOURCES FOR 2019-2020
Funding Source Total must equal Program Budget Total listed above.
FUNDING SOURCE
AMOUNT
Santa Ana CDBG
$ 30,000
Other Government Funding
31,000
Program Fees
73,359
Contributions/Events
235,000
Foundation Grants
280,000
Corporations
20,000
United Way
5,000
TOTAL
$ 674,359
EXHIBIT 3
2019-2020 CDBG BUDGET LINE ITEMS
ADMINISTRATIVE STAFF
Position Title
Annual Salary
& Benefits
CDBG Funds
Requested
Description
PROGRAM STAFF
Position Title
Annual Salary
& Benefits
CDBG Funds
Requested
Description
Program Manager
$ 55,598
$ 20,000
Financial Empowerment Mgr
$ 48,135
$ 10,000
TOTAL AMOUNT REQUESTED
i
1$ 30,000
CONTRACTUAL/PROFESSIONAL SERVICES
Type of Service
Contract
Amount
CDBG Funds
Requested
Description
OTHER LINE ITEMS
Program CDBG Funds
Line Item Amount Requested Description
TOTAL CDBG REQUEST $30,000