HomeMy WebLinkAboutALTAMED HEALTH SERVICES CORPw, City of Santa Ana
Clerk of the Council /1 N h
AGREEMENT TERMINATION FORM f
Please complete this form in its entirety when the attached agreement a
amendments (if any) are no longer in effect.
Note: It your agreement is grant related, please ensure that all grant retention requirements
have been satisfied prior to signing the termination form. /
Is the agreement(s) a permanent record? Yes No
Return form to the Clerk of the Council Office (M-30).
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A-2020-085-06 was completed on
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Signature:
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A-2020-085-06
INSURANCE ON FILE
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ER 0 L AGREEMENT BETWEEN THE CITY OF SANTA ANA AND
7E ALTAMED HEALTH SERVICES CORP FOR USE OF
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CORONAVIRUS (CDBG-CV) FUNDS
c This Agreement is hereby made and entered into this 4th day of May, 2020, 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 AltaMed Health Services Corp. a California nonprofit
co_pr oration ("SUBRECIPIENT").
N
U
u RECITALS:
A. On March 27, 2020, a special allocation of Community Development Block Grant ("CDBG') funds
was authorized by the Coronavirus Aid, Relief, and Economic Security Act ("CARES Act"), Public
Law 116-136, to prevent, prepare for, and respond to the coronavirus ("COVID-19") pandemic. The
CARES Act made available $5 billion in Community Development Block Grant Coronavirus
("CDBG-CV") funds. Of this amount, the United States Department of Housing and Urban
Development ("HUD') immediately allocated $2 billion based on the fiscal year 2020 CDBG
formula.
B. On April 2, 2020, the CITY received notice of an award of $3,374,017 in CDBG-CV funds from
HUD in response to the COVID-19 pandemic.
C. CITY, as an entitlement recipient and grantee of the HUD CDBG Entitlement Program, Catalog of
Federal Domestic Assistance ("CFDA') Number 14.218, and Federal Award Identification Number
(FAIN) B-20-MC-06-0508, desires to enter into this Agreement with the SUBRECIPIENT for the
expenditure of CDBG-CV funds in accordance with Title 24, Part 570 of Code of Federal
Regulations 24 CFR 570.000, etseg. ("CDBG REGS").
D. CITY applied for and received CDBG funds from HUD pursuant to Title I of the Housing and
Community Development Act of 1974, Public Law 93-383, as amended ("ACT').
E. SUBRECIPIENT has been selected by the CITY to receive CDBG-CV funds and administer such
financial assistance; and to provide the services described in Exhibit A, in accordance with the
Schedule of Performance included therein ("said program"). SUBRECIPIENT represents that it is
qualified and willing to operate said program and certifies that the activities carried out with funds
provided under this Agreement will meet one or more of the CDBG program's National Objectives
(24 CFR Part 570.208), including the CDBG-CV program's objectives to respond to this historic
COVID-19 public health crisis.
F. In response to the COVID-19 pandemic, SUBRECIPIENT, a Federally Qualified Health Center that
saves low and moderate income persons, meets the national objective for the use of CDBG and
CDBG-CV funds.
G. SUBRECIPIENT agrees that it will adhere to the performance measurements and outcomes as
indicated on Exhibit A (Schedule of Performance). Failure to follow the measurements and meet the
stated outcomes may constitute breach of contract that could result in termination of this Agreement
or serve as reason for the City to recapture the grant funds awarded to SUBRECIPIENT pursuant to
this Agreement.
WHEREFORE, it is agreed by and between the parties that the foregoing Recitals are a substantive
part of this Agreement and the following terms and conditions are approved and together with all exhibits and
attachments hereto, shall constitute the entire Agreement between the CITY and SUBRECIPIENT:
I. SUBRECIPIENT'S OBLIGATIONS
A. Nonprofit Status - Representations and Warranties
(a) Authority. SUBRECIPIENT is a duly organized and existing nonprofit corporation in good
standing and authorized to do business under the laws of the State of California. SUBRECIPIENT has
full right, power and lawful authority to accept the funding hereunder and to undertake all obligations as
provided herein and the execution, performance and delivery of this Agreement by SUBRECIPIENT has
been fully authorized by all requisite actions on the part of SUBRECIPIENT.
(b) Experience. SUBRECIPIENT is a qualified provider of the services to be provided
hereunder.
(c) Familiarity With Services Required. By executing this Agreement, SUBRECIPIENT
warrants that: (i) it has thoroughly investigated and considered the services to be performed and provided
hereunder; (ii) it has carefully considered how the services should be performed; and, (iii) it fully
understands the facilities, difficulties and restrictions attending performance of the services under this
Agreement.
(d) No Conflict. To the best of SUBRECIPIENT'S knowledge, SUBRECIPIENT'S execution,
delivery and performance of its obligations under this Agreement will not constitute a default or a breach
under any contract, agreement or order to which SUBRECIPIENT is a party or by which it is bound.
(e) No Bankruptcy. SUBRECIPIENT is not the subject of any current or threatened bankruptcy
proceeding.
(f) No Pending Legal Proceedings. SUBRECIPIENT is not the subject of a current or
threatened litigation that would or may materially affect SUBRECIPIENT'S performance under this
Agreement.
(g) Application Veracity. All provisions of and information provided in SUBRECIPIENT's
application for funding submitted to CITY, including any exhibits, are true and correct in all material
respects.
(h) No Pending Investigation. SUBRECIPIENT has no knowledge that it is the subject of any
current or threatened criminal or civil action investigation by any public agency, including without
limitation a police agency or prosecuting authority, which would relate to or affect performance of the
Agreement or provision of services hereunder.
B. Amount of Grant/Term and Quarterly Disbursement. The amount granted to
SUBRECIPIENT for said program is Two -Hundred and Fifty Thousand Dollars ($250 000 00) ("CDBG-
CV FUNDS"), for the term commencing on the date first written above and continuing for six (6) months.
This Agreement shall also cover any and all services provided by the SUBRECIPIENT to the CITY since
the date the CDBG-CV funds were awarded to the CITY. The Term of this Agreement may be extended
by a writing executed by the City Manager, or his or her designee, and the City Attorney.
The CDBG-CV FUNDS shall be disbursed by CITY to SUBRECIPIENT on a bi-monthly basis
subject to and upon receipt and approval of a complete bi-monthly activity report from SUBRECIPIENT,
with the final payment subject to the satisfaction of the condition precedent of submittal of complete
reporting information, 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.
The CITY reserves the right to reduce the amount of CDBG-CV FUNDS to SUBRECIPIENT, or to
completely terminate this Agreement, in the CITY's sole discretion, if there is a reduction in CDBG-CV
FUNDS provided to the CITY.
The CITY reserves the right to reduce the grant application if the CITY's fiscal monitoring indicates
that SUBRECIPIENT's rate of expenditure will result in unspent funds at the end of the program years.
Amendments in the grant allocation will be made after consultation with SUBRECIPIENT.
C. Use of Funds. SUBRECIPIENT agrees to use all federal funds provided by CITY to
SUBRECIPIENT pursuant to this Agreement to operate said program, as set forth in Exhibit A, attached
hereto and by this reference incorporated herein. SUBRECIPIENT'S failure to perform as required may, in
addition to other remedies set forth in this Agreement, result in readjustment of the amount of funds CITY is
otherwise obligated to pay to SUBRECIPIENT hereunder.
D. Aloowable Costs. SUBRECIPIENT agrees to complete said program within the term of this
Agreement, and to use said funds to pay for necessary and reasonable costs allowable under the federal law
and regulations to operate said program. Said amounts shall include, but not be limited to, wages,
administrative costs, and employee benefits comparable to other similarly situated employees, and indirect
costs. Other allowable program costs are detailed in the budget, as set forth in Exhibit B, attached hereto and
by this reference incorporated herein. SUBRECIPIENT shall use all income received from' 'said funds only
for the same purposes for which said funds may be expended pursuant to the terms and conditions of this
Agreement. SUBRECIPIENT has the ability to adjust line item amounts in the budget with the written
approval of the CITY's Executive Director of the Community Development Agency, or designee, so long as
the total budget amount does not increase.
Pursuant to 2 CFR §200.331(a)(4), the Indirect Cost Rate for the SUBRECIPIENT's award shall
be an approved federally recognized indirect cost rate negotiated between the SUBRECIPIENT and the
Federal government, or, if no such rate exists, the de minimis indirect cost rate as defined in 2 CFR
§200.414(b) Indirect (F&A) costs.
For this Agreement, the de minimis indirect cost rate of 22% will apply.
E. Licensing. SUBRECIPIENT agrees to obtain and maintain all required licenses,
registrations, accreditation and inspections from all agencies governing its operations. SUBRECIPIENT
shall ensure that its staff shall also obtain and maintain all required licenses, registrations, accreditation and
inspections from all agencies governing SUBRECIPIENT's operations hereunder. Such licensing
requirements include obtaining a City business license, as applicable.
F. Zoning, SUBRECIPIENT agrees that any facility/property used in furtherance of said
program shall be specifically zoned and permitted for such use(s) and activity(ies). Should SUBRECIPIENT
fail to have the required land entitlement and/or permits, thus violating any local, state or federal rules and
regulations relating thereto, SUBRECIPIENT shall immediately make good -faith efforts to gain compliance
with local, state or federal rules and regulations following written notification of said violation(s) from the
CITY or other authorized citing agency. SUBRECIPIENT shall notify CITY immediately of any pending
violations. Failure to notify CITY of pending violations, or to remedy such known violation(s) shall result in
termination of grant funding hereunder. SUBRECIPIENT must make all corrections required to bring the
facility/property into compliance with the law within sixty (60) days of notification of the violation(s); failure
to gain compliance within such time shall result in termination of grant funding hereunder.
G. Separation of Accounts. All funds received by SUBRECIPIENT from CITY pursuant to this
Agreement shall be maintained in an account in a federally insured banking or savings and loan institution
with record keeping of such accounts maintained pursuant to applicable 2 CFR 200.302 requirements.
SUBRECIPIENT is not required to maintain separate depository accounts for CDBG-CV FUNDS; provided
however, the SUBRECIPIENT must be able to account for receipt, obligation and expenditure of CDBG-CV
FUNDS pursuant to applicable 2 CFR 200.302 requirements.
H. Audit Report Requirements. SUBRECIPIENT agrees that if SUBRECIPIENT expends
Seven Hundred Fifty Thousand Dollars ($750,000) or more in federal funds, SUBRECIPIENT shall have an
annual audit conducted by a certified public accountant in accordance with the standards as set forth and
published by the United States Office, of Management and Budget. SUBRECIPIENT shall provide CITY
with a copy of said audit by April 1 of the year following the program year in which this Agreement is
executed.
I. Record Keeping/Reporting. SUBRECIPIENT shall keep and maintain complete and
adequate records and reports on program participants to determine their initial and continuing eligibility for
the program services being provided to assist CITY in meeting and maintaining its record keeping
responsibilities under the CDBG REGS, including the following;
(1) Records
a. Documentation evidencing program income requirements in conformity with 24 CFR
570.504(b)(2)(i), (ii) and 24 CFR 570.503(b)(3) and 24 CFR 570.208(a)(2)(B) of the income level
of persons and/or families participating in or benefiting by the SUBRECIPIENT program.
b. Documentation of the number of persons and/or families participating in or benefiting
by the SUBRECIPIENT program.
c. Household information shall include number of persons, identification of head of
household, race/ethnicity, and income verification of all household members ages 18 and over,
d. Documentation of all CDBG-CV FUNDS received from CITY.
e. Documentation of expenses as identified in the Budget Proposal, including evidence of
incurring the expense, invoices for goods or services, copies of any and all contracts or
documentation pertaining to costs for subcontractors, plus all other invoices and proof of payment for
which CDBG-CV FUNDS were expended, and any payments therefor.
f. Any such other related records as CITY shall reasonably require or as required to be
maintained pursuant to the CDBG REGS.
(2) Reports
a. Payment Request. Concurrently with the submittal of each report, SUBRECIPIENT
shall submit both: an original invoice/request for reimbursement and true copies of invoices,
receipts, canceled checks, bank statements, credit card statements, procurement documentation for
goods or services, timesheets, payroll records, benefit statements, agreements, contracts or
documentation pertaining to costs for subcontractors, and/or other documentation supporting and
evidencing how the CDBG-C V FUNDS have been expended during the applicable term.
b. Progress Reports. SUBRECIPIENT agrees to keep records of all ethnic and racial
statistics of persons and families benefited by SUBRECIPIENT in the performance of its
obligations under this Agreement, including, but not limited to, the number of low and moderate
income persons and households assisted in accordance with federal income limits, the number of
female heads of households assisted, new program information and year-to-date program
statistics on expenditures, caseload and activities. 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.
J. Access to Records. CITY and the United States Government and their representatives or
auditors shall have access for purposes of monitoring, auditing, and examining SUBRECIPIENT's
activities and performance, to books, documents and papers, and the right to examine records of
SUBRECIPIENT's subcontractors, bookkeepers and accountants, employees and participants in regard to
said program. CITY and the United States Government and their representatives or auditors shall also
schedule on -site monitoring at their discretion. Monitoring activities may also include, but are not limited
to, questioning employees and participants in said program and entering any premises or any site in which
any of the services or activities funded hereunder is conducted or in which any of the records of
SUBRECIPIENT are kept. Nothing herein shall be construed to require access to any privileged or
confidential information as set forth in federal or state law.
K. Location of Records/Required Length of Record Keeping. All accounting records, reports,
and evidence pertaining to all costs, expenses and the CDBG-CV FUNDS of SUBRECIPIENT and all
documents related to this Agreement shall be maintained and kept available at SUBRECIPIENT'S office
or place of business for the duration of the Agreement and thereafter for five (5) years from the date of
final payment under this Agreement. Records which relate to: (a) complaints, claims, administrative
proceedings or litigation arising out of the performance of this Agreement; or, (b) costs and expenses of
this Agreement to which CITY or any other governmental agency takes exception, shall be retained
beyond the five (5) years until complete resolution or disposition of such appeals, litigation claims, or
exceptions. In the event SUBRECIPIENT does not make the above -referenced documents available within
the city of Santa Ana, California, SUBRECIPIENT agrees to pay all necessary and reasonable expenses
incurred by CITY in conducting any audit at the location where said records and books of account are
maintained.
L. Compliance with Law/Program Income. SUBRECIPIENT acknowledges that the funds
being provided by CITY for said program are received by CITY pursuant to the CARES Act and the ACT, as
amended, and that expenditures of these funds shall be in accordance with the CARES Act, the ACT, and all
pertinent regulations issued by agencies of the federal government, including, but not limited to, all
regulations found at Title 24 of the Code of Federal Regulations. Program income received by
SUBRECIPIENT shall be returned to CITY, unless otherwise provided for in this Agreement.
SUBRECIPIENT agrees to comply fully with all federal, state and local laws and court orders applicable to
its operation whether or not referred to in this Agreement.
M. Debarment. To protect the public interest and ensure the integrity of Federal programs,
CITY may only conduct business with responsible persons and may not make any award or permit any
award to any party which is debarred or suspended or is otherwise excluded from or ineligible for
participation in Federal assistance programs under Executive Order 12549, "Debarment and Suspension".
See also 24 CFR 570.609. SUBRECIPIENT must review and sign Exhibit C "Debarment', which is
attached hereto and incorporated herein by this reference. SUBRECIPIENT shall be in good standing,
without suspension by the California Secretary of State, Franchise Tax Board or Internal Revenue Service.
Any change in the corporate status or suspension of SUBRECIPIENT shall be reported immediately to
CITY.
N. Confidentiality. Without prejudice to any other provisions of this Agreement,
SUBRECIPIENT shall, where applicable, maintain the confidential nature of information provided to it
concerning participants in accordance with the requirements of federal and state law. However,
SUBRECIPIENT shall submit to CITY and or HUD or its representatives, all records requested, including
audit, examinations, monitoring and verifications of reports submitted by SUBRECIPIENT, costs incurred
and services rendered hereunder.
O. Independent Contractor. SUBRECIPIENT agrees that the performance of obligations
hereunder is rendered in its capacity as an independent contractor and that it is in no way an agent of CITY.
P. Violation of Terms and Conditions. SUBRECIPIENT agrees that if SUBRECIPIENT
violates any of the terms and conditions of this Agreement or any prior Agreement whereby CDBG-CV
funds were received by SUBRECIPIENT, or if SUBRECIPIENT reports inaccurately, or if on audit there is a
disallowance of certain expenditures, SUBRECIPIENT agrees to remedy the acts or omissions causing the
disallowance and repay CITY all amounts spent in violation thereof. If SUBRECIPIENT engaged in
fraudulent activity to obtain and/or justify expenditure of the CDBG-CV funds granted hereunder,
SUBRECIPIENT shall be required to reimburse the CITY of all such funds that were obtained and/or spent
under fraudulent circumstances.
Q. Equipment. SUBRECIPIENT agrees to maintain a record for each item of non -expendable
personal property acquired under the terms of this Agreement. Said record shall be made available to CITY
upon request. The term "non -expendable personal property" shall include leased and purchased equipment.
R. Prohibited Use. SUBRECIPIENT hereby certifies and agrees that it will not use funds
provided through this Agreement to pay for entertainment, meals or gifts, or other prohibited uses.
S. Lobbvine. SUBRECIPIENT certifies that it will comply with federal law (31 U.S.C. 1352)
and regulations found at 24 CFR Part 87, which provide that no appropriated funds may be expended by the
recipient of a federal contract, grant, loan or cooperative agreement to pay any person for influencing or
attempting to influence an officer or employee of any agency, Member of Congress, or an officer or
employee of a Member of Congress in connection with awarding of any federal contract, the making of any
federal grant or loan, entering into any cooperative agreement and the extension, renewal, amendment or
modification of any federal contract, grant, loan or cooperative agreement. SUBRECIPIENT shall sign a
certification to that effect in a form as set forth in Exhibit D, attached hereto and by this reference
incorporated herein. SUBRECIPIENT shall submit said signed certification to CITY prior to performing any
of its obligations under this Agreement and prior to any obligation arising on the part of CITY to pay any
sums to SUBRECIPIENT under the terms and conditions of this Agreement.
If any funds other than Federal appropriated funds have been paid or will be paid to 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 in connection with
this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit a
"Disclosure Form to Report Lobbying," in accordance with its instructions (Exhibit D).
SUBRECIPIENT shall require that the language of this certification be included in the
award documents for all sub -awards at all tiers (including subcontractors, sub -grants, and contracts under
grants, loans, and cooperative agreements), and agrees to take all actions necessary to ensure that all
subrecipients shall similarly certify and disclose accordingly.
T. Financial Interest. SUBRECIPIENT agrees that except for the use of CDBG-CV funds to pay
salaries and other related administrative or personnel costs, no persons who exercise or have exercised
any function with respect to CDBG-CV activities assisted under the terms of this Agreement, or who are
in a position to participate in a decision -making process or gain inside information with regard to such
activities, may obtain a financial interest or benefit from a CDBG-assisted activity of SUBRECIPIENT,
either for themselves or those with whom they have family or business ties, during their tenure or for one
year thereafter. This prohibition applies to any person who is an employee, agent, consultant, officer, or
elected or appointed official of CITY, or of any designated public agency, or the SUBRECIPIENT.
U. Labor Standards. The SUBRECIPIENT agrees to comply with the requirements of the
Secretary of Labor in accordance with the Davis -Bacon Act as amended, the provisions of Contract Work
Hours and Safety Standards Act (40 U.S.C. 327 et seq.) and all other applicable Federal, state and local
laws and regulations pertaining to labor standards insofar as those acts apply to the performance of this
Agreement. The SUBRECIPIENT agrees to comply with the Copeland Anti -Kick Back Act (18 U.S.C.
874 et seq.) and its implementing regulations of the U,S. Department of Labor at 29 CFR Part 5. The
SUBRECIPIENT shall maintain documentation that demonstrates compliance with hour and wage
requirements of this part. Such documentation shall be made available to the CITY for review upon
request.
SUBRECIPIENT agrees that, except with respect to the rehabilitation or construction of
residential property containing less than eight (8) units, all contractors engaged under contracts in excess
of $2,000.00 for construction, renovation or repair work financed in whole or in part with assistance
provided under this contract, shall comply with Federal requirements adopted by the CITY pertaining to
such contracts and with the applicable requirements of the regulations of the Department of Labor, under
29 CFR Parts 1, 3, 5 and 7 governing the payment of wages and ratio of apprentices and trainees to
journey workers; provided that, if wage rates higher than those required under the regulations are imposed
by state or local law, nothing hereunder is intended to relieve the SUBRECIPIENT of its obligation, if
any, to require payment of the higher wage. The SUBRECIPIENT shall cause or require to be inserted in
full, in all such contracts subject to such regulations, provisions meeting the requirements of this
paragraph.
V. Section 3 of the Housing and Urban Development Act of 1968. SUBRECIPIENT will make
every effort to provide training opportunities for low -and moderate -income persons residing within the
community where the construction project is located and contracts awarded to local businesses therein to the
greatest extent feasible as required under the provisions of Section 3 of the Housing and Urban Development
Act of 1968, the regulations set forth in 24 CFR 135, and all applicable rules and orders issued hereunder
prior to the execution of this Agreement. Compliance with the foregoing requirements shall be a condition of
the federal financial assistance provided under this Agreement and binding on the SUBRECIPIENT. Failure
to fulfill these requirements shall subject the SUBRECIPIENf, its successors and designees, to those
sanctions specified by the Agreement through which federal assistance is provided. The SUBRECIPIENT
certifies and agrees that no contractual or other disability exists which would prevent compliance with these
requirements. SUBRECIPIENT shall make every effort to ensure that all projects funded wholly or in part
by CDBG-CV Funds shall provide equal employment opportunities for minorities and women.
W. Drue Free Workplace. SUBRECIPIENT agrees to provide a drug -free workplace and to execute
a certification as set forth in Exhibit E attached hereto and incorporated herein by this reference.
X. Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal
Awards. The following requirements and standards must be complied with: 2 CFR Part 200 et al.
SUBRECIPIENT shall procure all materials, property, or services in accordance with the requirements of
2 CFR 200.318-326.
Y. Subpart K of 24 CFR 570. SUBRECIPIENT will carry out its activities in compliance with the
requirements of Subpart K of 24 CFR 570. However, SUBRECIPIENT does not assume the CITY's
environmental responsibilities or the responsibility for initiating the environmental review process under 24
CFR Part 52.
Z. Women- and Minority -Owned Businesses (W/MBE)_ SUBRECIPIENT 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 in accordance with
the requirements of 2 CFR 200.321 "Contracting with small and minority businesses, women's business
enterprises, and labor surplus area firms". As used in this Agreement, the term "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 percent (51%)
owned and controlled by minority group members or women. For the purpose of this definition,
"minority group members" are African -Americans, Spanish-speaking, Spanish surnamed or Spanish -
heritage Americans, Asian -Americans, and American Indians. SUBRECIPIENT may rely on written
representations by businesses regarding their status as minority and female business enterprises in lieu of
an independent investigation.
111. CITY'S OBLIGATIONS
A. Payment of Funds. On April 2, 2020, the CITY received notice of an award of $3,374,017 in
CDBG-CV funds from HUD in response to the COVID-19 pandemic. Subject to the terms of this
Agreement, CITY agrees to pay to SUBRECIPIENT when, if and to the extent federal funds are received a
sum not to exceed Two -Hundred and Fifty Thousand Dollars ($25000000) for SUBRECIPIENT'S
performance in accordance with the Budget attached hereto as Exhibit B during the term of this Agreement.
Payments shall be made to SUBRECIPIENT through the submission of invoices/reimbursement requests.
CITY shall pay such invoices/reimbursement requests within thirty (30) days after receipt thereof
provided CITY is satisfied that such expenses have been incurred and documented within the scope and
provisions of this Agreement and that SUBRECIPIENT is in compliance with the terms and conditions of
this Agreement. 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.
Documentation may include, but is not limited to, true copies of invoices, receipts, canceled checks, bank
statements, credit card statements, procurement documentation for goods or services, timesheets, payroll
records, benefit statements, agreements, contracts or documentation pertaining to costs for subcontractors,
and/or other documentation supporting and evidencing how the CDBG-CV FUNDS have been expended
during the applicable term.
B. Audit of Account. CITY shall include an audit of the account maintained by
SUBRECIPIENT in CITY's audit of all CDBG-CV FUNDS in accordance with Title 24 of the Code of
Federal Regulations and other applicable federal laws and regulations.
C. Common Rule: Pursuant to 2 CFR 200.328(a), the CITY manages the day-to-day operations of
each grant and subgrant supported activities. CITY staff has detailed knowledge of the grant program
requirements and monitors grant and subgrant supported activities to assure compliance with Federal
requirements. Such monitoring covers each program, function and activity and performance goals are
reviewed periodically.
D. Environmental Review: In accordance with 24 CFR 58, the CITY is responsible for
undertaking environmental review and maintaining environmental review records for each applicable
project.
E. Performance Monitoring: CITY shall monitor the performance of SUBRECIPIENT against
goals and performance standards required herein. The SUBRECIPIENT shall be responsible to
accomplish the levels of performance as set forth in Exhibit A and report such measures to the CITY. If
the SUBRECIPIENT estimates such goals will not be met, the SUBRECIPIENT is to contact the CITY,
at which time the CITY will determine if any adjustments to the grant award is appropriate. Substandard
performance as determined by the CITY will constitute non-compliance with this Agreement. Should the
CITY determine that the SUBRECIPIENT has not performed its obligations as stated in this contract in a
satisfactory manner, or if the CITY determines that insufficient supporting information has been
submitted, the CITY shall notify the SUBRECIPIENT in writing of its determination specifying in full
detail the objections that it has to the SUBRECIPIENT's performance. If action to correct such
substandard performance is not taken by the SUBRECIPIENT after being notified by the CITY, within a
reasonable period of time as stipulated in the written notification, contract suspension or termination
procedures will be initiated.
III. NONDISCRIMINATION
A. SUBRECIPIENT agrees to comply with Executive Order 11246, which requires that during the
performance of this Agreement, SUBRECIPIENT agrees not to discriminate against any employee or
applicant for employment because of race, religion, sex, color or national origin. Such action shall include,
but not be limited to the following: employment, upgrading, demotion, or transfer, rates of pay or other forms
of compensation, and selection for training, including apprenticeship. SUBRECIPIENT agrees to post in
conspicuous places, available to employees and applicants for employment, notices to be provided by the
SUBRECIPIENT setting forth the provisions of this nondiscrimination clause.
B. SUBRECIPIENT agrees to comply with Title VI of the Civil Rights Act of 1964, which indicates
that no person shall, on the ground of race, color or national origin, be excluded from participation in, be
denied the benefits of, or be subject to discrimination under any program of activity receiving federal
financial assistance.
C. No person shall, on the grounds of race, sex, creed, color, religion, marital status, national origin,
age, sexual orientation, or physical or mental handicap be excluded from participation in, be refused the
benefits of, or otherwise be subject to discrimination in any activities, programs or employment supported by
this Agreement. SUBRECIPIENT is prohibited from discrimination on the basis of age or with respect to an
otherwise qualified handicapped person as provided for under Section 109 of the Housing and Community
Development Act of 1974, as amended.
D. SUBRECIPIENT agrees to comply with the Age Discrimination Act of 1975, which requires that
during the performance of this Agreement, SUBRECIPIENT agrees not to discriminate against any employee
or applicant for employment because of age. Such action shall include, but not be limited to the following:
employment upgrading, demotion, or transfer, rates of pay or other forms of compensation, and selection for
training, including apprenticeship. SUBRECIPIENT agrees to post in conspicuous places, available to
employees and applicants for employment, notices to be provided by the SUBRECIPIENT setting forth the
provisions of this age discrimination clause.
E. SUBRECIPIENT agrees to comply with Section 504 of the Rehabilitation Act of 1973, which
requires that no otherwise qualified individual with a disability in the United States, shall, solely by reason of
his or her disability, be excluded from the participation in, be denied the benefits of, or be subjected to
discrimination under any program or activity receiving federal financial assistance or under any program or
activity conducted by any executive agency or by the United States Postal Service.
IV. CONFLICT OF INTEREST
Pursuant to the conflict of interest requirements set forth in 24 CFR 570.611 and 2 CFR 200.112,
SUBRECIPIENT certifies that no member, officer, employee, agent or assignee of CITY having direct or
indirect control of any CDBG monies granted to the CITY, inclusive of the subject CDBG-CV FUNDS, shall
serve as an officer of SUBRECIPIENT. Further, any conflict or potential conflict of interest of any officer of
SUBRECIPIENT shall be fully disclosed in writing prior to the execution of this Agreement and said writing
shall be attached and deemed fully incorporated as a part hereof, Notice shall be sent by SUBRECIPIENT to
CITY regarding any changes or modifications to its board of directors and list of officers.
V. SPECIAL CERTIFICATION FOR RELIGIOUS ENTITIES
If SUBRECIPIENT is a religious entity, SUBRECIPIENT hereby agrees that in connection with the
provision of the services SUBRECIPIENT shall provide with CDBG-CV funds, in accordance with 24 CFR
570.2000):
A. SUBRECIPIENT shall not discriminate against any employee or applicant for employment on
the basis of religion and shall not limit employment or give preference in employment to persons on the basis
of religion.
B. SUBRECIPIENT shall not discriminate against any person applying for the services
SUBRECIPIENT agrees to provide under the terms of this Agreement on the basis of religion and shall not
limit such services or give preference to applicants for such services on the basis of religion.
C. SUBRECIPIENT shall NOT provide religious instruction or counseling, conduct any religious
worship or services, or engage in any religious proselytizing, or exert any religious influence in the provision
of the services in said program. The parties agree that this covenant is intended to and shall be construed for
the limited purpose of assuring compliance with respect to the use of CITY finds by SUBRECIPIENT with
applicable constitutional limitations respecting the establishment of religion as set forth in the establishment
clause under the First Amendment of the United States Constitution and Article I, Section 4 of the California
Constitution, and is not in any manner intended to restrict other activities of SUBRECIPIENT.
D. The portion of a facility used to provide public services assisted in whole or in part under this
Agreement shall contain no sectarian or religious symbols.
E. Where the services to be provided under said program are rendered on property owned by the
primarily religious entity SUBRECIPIENT, CDBG-CV funds may also be used for minor repairs to such
10
property, which are directly related to the cost of rendering the services under said program, where the cost
constitutes in dollar terms only an incidental portion of the CDBG-CV expenditure for rendering the services
under said program.
VI. PROHIBITION OF NEPOTISM
SUBRECIPIENT agrees not to hire or permit the hiring of any person to fill a position funded
through this Agreement if a member of that person's immediate family is employed in an administrative
capacity by SUBRECIPIENT. For the purposes of this section, the term "immediate family" means spouse,
child, mother, father, brother, sister, brother-in-law, sister-in-law, father-in-law, mother-in-law, son-in-law,
daughter-in-law, aunt, uncle, niece, nephew, stepparent and stepchild. The term "administrative capacity"
means having selection, hiring, supervisor or management responsibilities.
VII. NOTICES
Notices to the parties shall, unless otherwise requested in writing, be sent by U.S. Mail, postage
prepaid, and addressed as follows:
TO CITY: City of Santa Ana
Community Development Agency (M-25)
20 Civic Center Plaza
P.O. Box 1988
Santa Ana, California 92702-1988
TO SUBRECIPIENT: AltaMed
2040 Camfield Avenue
Los Angeles, CA 90040
Tel: 323-914-9775
VIH. ASSIGNABILITY
None of the duties of, or work to be performed by, SUBRECIPIENT under this Agreement shall be
subcontracted or assigned to any agency, consultant, or person without the prior written consent of CITY.
SUBRECIPIENT must submit all subcontracts and other agreements that relate to this Agreement to CITY.
No subcontract or assignment shall terminate or alter the legal obligations of SUBRECIPIENT pursuant to
this Agreement.
SUBRECIPIENT shall indemnify, defend and save harmless CITY, its officers, employees, agents,
representatives and volunteers from and against any and all damages to or for loss of use of property and for
injuries to or death of any person or persons, including property and employees or agents of CITY, and shall
defend, indemnify and save harmless CITY, its officers, employees, agents, representatives and volunteers
from and against any and all claims, demands, suits, actions or proceedings of any kind or nature, including,
but not by way of limitation, workers compensation claims and including attorney fees and reasonable
expenses for litigation or settlement, resulting from or arising out of the negligent or wrongful acts, errors or
omissions of SUBRECIPIENT, its officers, directors, employees, agents, subcontractors and suppliers arising
out of SUBRECIPIENT's performance of this Agreement.
1. Commercial General Liability. SUBRECIPIENT agrees to obtain and keep in force
during the term of this Agreement a policy of comprehensive commercial public liability insurance
insuring the CITY, and SUBRECIPIENT against any liability for accident, injury or death arising out of
or in consequence of this Agreement. Such insurance shall be in an amount not less than One Million
Dollars ($1,000,000.00) for any injury to or death of any person or persons in any single accident or
occurrence. Said policy of comprehensive liability insurance shall be endorsed to provide to CITY at
least thirty (30) days written notice prior to cancellation; name CITY, its officers, agents, employees, and
volunteers, additional insured; and state that such coverage is primary to any other coverage or self-
insurance and CITY. Governmental entities may provide proof of self-insurance.
(a) Such insurance shall: (1) name the City of Santa Ana, its officers, agents,
representatives, employees and volunteers as additional insured's; (2) be primary with respect to
insurance or self-insurance programs maintained by the CITY; (3) contain standard separation of
insured's provisions; and (4) give to CITY prompt and timely notice of claim made or suit instituted
arising out of SUBRECIPIENT's operations hereunder.
(b) SUBRECIPIENT shall: (1) prior to exercising any right under this
Agreement, furnish properly executed certificates of insurance and additional insured endorsement to the
CITY which shall clearly evidence all coverages required above; (2) provide that such insurance shall not
be materially changed or terminated except on 30 days prior written notice to the CITY; (3) maintain such
insurance for the period covered by this Agreement; and (4) replace such certificates for policies expiring
prior to the expiration of this Agreement
2. Automobile Liability Coverage SUBRECIPIENT shall also obtain and maintain, during
the effective period of this Agreement, broad form automobile liability coverage with a $1,000,000 limit
unless reduced by CITY, which applies to both owned/leased and non -owned automobiles used by
SUBRECIPIENT employees or participants in performance of this Agreement, or, in the event that
SUBRECIPIENT will not utilize such owned/leased automobiles but intends to require employees,
participants or other agents to utilize their own automobiles in the performance of this Agreement,
SUBRECIPIENT shall secure and maintain on file from all such employees, participants, or agents as
self -certification of automobile insurance coverage. Governmental entities may provide proof of self-
insurance.
3. Workers' Compensation. If SUBRECIPIENT is an "employer", as set forth in California
Labor Code Section 3300 et seq., or utilizes participants as "employees," as set forth in California Labor
Code Section 3350 et seq., SUBRECIPIENT shall obtain and keep in force during the term of this
Agreement full Workers' Compensation insurance coverage for injuries suffered by participants. Said
insurance policy shall guarantee CITY at least thirty (30) days written notice of cancellation or
modification.
4. Equipment Coverage. SUBRECIPIENT shall purchase a policy or policies of insurance
covering loss or damage to any and all Equipment provided to or purchased by SUBRECIPIENT in
accordance with this Agreement. Said insurance shall be in the amount of the full replacement value
thereof, providing protection against the classification of fire, extended coverage, vandalism, malicious
mischief, theft, and special extended perils. Governmental entities may substitute a certificate of self-
insurance.
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5. Proof of Insurance. Certificates and endorsements must be submitted and approved by
CITY prior to any work under this Agreement. SUBRECIPIENT understands that CITY will make no
payments under this Agreement until the required certificates and endorsements have been approved by
CITY.
XI. REVERSION OF ASSETS
A. Upon the expiration of this Agreement, SUBRECIPIENT shall transfer to CITY any CDBG-CV
funds on hand at the time of the expiration of this Agreement as well as any accounts receivable attributable
to the use of CDBG-CV funds. [24 CFR 570.503(b)(7)]
B. Any real property under SUBRECIPIENT's control that was acquired or improved in whole or in
part with CDBG-C V funds in excess of $25,000.00 must either be:
1. Used, where CITY has given written approval, to meet one of the national
objectives stated in 24 CFR 570.208 until five (5) years after expiration of this Agreement, or for such longer
period of time as determined to be appropriate by CITY, or
2. If not used in accordance with subparagraph 1 above, SUBRECIPIENT shall pay to
CITY an amount equal to the current fair market value of the property less any portion of the value
attributable to the expenditure of non-CDBG funds for acquisition of, or improvement to, the property. Such
payment is program income to CITY.
C. Subject to the obligations set forth herein, title to equipment acquired under the terms of this
Agreement will vest upon acquisition in SUBRECIPIENT. When said equipment which has been acquired
in accordance with this Agreement and all applicable regulations is no longer needed for said program,
disposition of said equipment will be made as follows:
1. Items of equipment with a current per unit fair market value of less than $5,000.00
may be retained, sold or otherwise disposed of with no further obligation to CITY.
2. Items of equipment with a current fair market per unit value of $5,000.00 or more
may be retained or sold and CITY shall have the right to an amount calculated by multiplying the current
market value or proceeds from the sale by CITY's share of federal funds used to acquire the equipment, in
accordance with 2 CFR 200.313(e)(2).
D. SUBRECIPIENT hereby agrees, upon the demand of CITY, to execute, acknowledge and
deliver, or cause any person or entity who may have any claim to rights hereunder or under any document,
instrument or agreement executed in furtherance of the services and activities to be performed hereunder, to
execute, acknowledge and deliver, to CITY assignment(s), quit claim deed(s) or such other and further
instruments, documents and agreements as may be necessary, in the sole and absolute discretion of CITY, to
vest in CITY all of SUBRECIPIENT's right, title and interest (if any it may have) in and to CITY, CDBG-
CV or other federal, state and/or local accounts or program funds or allocation of funds to which CITY is or
may be entitled, either for its own account or as fiduciary or trustee for others, which were obtained for the
purpose of the performance of this Agreement or any previous agreements relating to the same subject matter
or activities as this Agreement, together with any instruments, loans, grants or advances by SUBRECIPIENT
on behalf of CITY, in furtherance of the activities hereunder or thereof.
SUBRECIPIENT's obligations and responsibilities set forth in this paragraph "XI. REVERSION OF
ASSETS," and in paragraph "XII. TERMINATION" and other requirements pertaining to program income
shall not be affected by the termination of this Agreement and shall survive the date of termination of this
13
Agreement for such period of time as CITY and/or HUD deems necessary for the responsibilities, duties and
obligations to be performed and completed to the satisfaction of CITY and HUD.
XII. TERMINATION
A. This Agreement may be terminated on thirty (30) days' written notice by either party. In the
event of such termination, SUBRECIPIENT shall only be entitled to reimbursement for approved expenses
incurred to the effective date of termination.
B. This Agreement may be suspended or terminated by CITY upon five (5) days' written notice for
violation by SUBRECIPIENT of Federal Laws governing the use of CDBG-CV Funds. In the event of such
suspension or termination, SUBRECIPIENT shall only be entitled to reimbursement for approved expenses
incurred up to the effective date of suspension or termination.
C. Pursuant to 2 CFR 200.340, in the event SUBRECIPIENT defaults by failing to fulfill all or any
of its obligations hereunder, CITY may declare a default and termination of this Agreement by written notice
to SUBRECIPIENT, which default and termination shall be effective on a date stated in the notice which is to
be not less than ten (10) days after certified mailing or personal service of such notice, unless such default is
cured before the effective date of termination stated in such notice. If terminated for cause, CITY shall be
relieved of further liability or responsibility under this Agreement, or as a result of the termination thereof,
including the payment of money, except for payment for approved expenses incurred for services
satisfactorily and timely performed prior to the mailing or service of the notice of termination, and except for
reimbursement of (1) any payments made for services not subsequently performed in a timely and
satisfactory manner; and, (2) costs incurred by CITY in obtaining substitute performance.
D. The grant of funds under this Agreement may be terminated for convenience by either the CITY
or SUBRECIPIENT, in whole or in part, by setting forth the reasons for such termination, the effective date,
and, in the case of portion termination, their portion to be terminated. However, if in the case of a partial
termination, the CITY determines that the remaining portion of the award will not accomplish the purpose for
which the award was made, the CITY may terminate the award in its entirety.
E. The grant of funds under this Agreement may be terminated due to the non-performance of
SUBRECIPIENT and/or failure of SUBRECIPENT to perform the work described in Exhibits A and B or
failure to meet the performance standards and program goals set forth therein.
F. The grant of funds under this Agreement may be terminated due to the failure of the CITY to
receive sufficient or anticipated funding from HUD for the CDBG-CV program for any term subject to this
Agreement.
G. In the event this Agreement is terminated as set forth in subparagraphs XII.A, through XILF.,
inclusive, SUBRECIPIENT agrees to immediately return to CITY upon CITY's demand and prior to any
adjudication of SUBRECIPIENT's rights, any and all funds not used, and to comply with paragraph "XI.
REVERSION OF ASSETS" of this Agreement.
XIII. LIMITATION OF FUNDS
The United States of America, through HUD, may in the future place programmatic or fiscal
limitations on the use of CDBG-CV funds, which limitations are not presently anticipated. Accordingly,
CITY reserves the right to revise this Agreement in order to take account of actions affecting HUD program
funding. In the event of funding reduction, CITY may, in its sole and absolute discretion, reduce the budget
of this Agreement as a whole or as to costs category, may limit the rate of SUBRECIPIENT's authority to
14
commit and spend funds, or may restrict SUBRECIPIENT's use of both its uncommitted and its unspent
funds. Where HUD has directed or requested CITY to implement a reduction in funding, in whole or as to a
cost category, with respect to funding for this Agreement, CITY's City Manager or delegate is authorized to
act for CITY in implementing and effecting such a reduction and in revising, modifying, or amending the
Agreement for such purposes. If such a reduction in funding occurs, SUBRECIPIENT shall be permitted to
de -scope accordingly. Where CITY has reasonable grounds to question SUBRECIPIENT's fiscal
accountability, financial soundness, or compliance with this Agreement, CITY may suspend the operation of
this Agreement for up to sixty (60) days upon five (5) days written notice to SUBRECIPIENT of its intention
to so act, pending an audit or other resolution of such questions. In no event, however, shall any revisions
made by CITY affect expenditures and legally binding commitments made by SUBRECIPIENT before it
received notice of such revision, provided that such amounts have been committed in good faith and are
otherwise allowable and that such commitments are consistent with HUD cash withdrawal guidelines.
XIV. EXCLUSIVITY AND AMENDMENT OF AGREEMENT
This Agreement supersedes any and all other agreements, either oral or in writing, between the
parties hereto with respect to the use of CITY's CDBG-CV funds by SUBRECIPIENT and contains all the
covenants and agreements between the parties with respect to such employment in any manner whatsoever.
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, and that no other agreement or amendment hereto shall be effective unless executed in
writing and signed by both CITY and SUBRECIPIENT.
XV. LAWS GOVERNING THIS AGREEMENT
This Agreement shall be governed by and construed in accordance with the laws of the State of
California, and all applicable federal laws and regulations.
XVI. CLOSE-OUT
The SUBRECIPIENT agrees to comply with the closeout procedures detailed in 2 CFR §200.343,
including the following:
1. SUBRECIPIENT must submit, no later than ninety (90) calendar days after the end
date of the period of performance, all financial, performance, and other reports as required by the
terms and conditions of the Federal award;
2. Unless the CITY authorizes an extension, SUBRECIPIENT must liquidate all
obligations incurred under the Federal award not later than ninety (90) calendar days after the
end date of the period of performance as specified in the terms and conditions of the Federal
award;
3. SUBRECIPIENT must promptly refund any balances of unobligated cash that the
CITY paid in advance or paid and that is not authorized to be retained by SUBRECIPIENT for
use in other projects (See OMB Circular A-129 and 2 CFR §200.345);
4. SUBRECIPIENT must account for any real and personal property acquired with
Federal funds or received from the Federal government in accordance with 2 CFR §§200.310-
200.316 and 200.329; and,
15
5. The CITY should complete all closeout actions for the Federal award no later than one
year after receipt and acceptance of all required final reports.
XVII. VALIDITY AND SEVERABILITY
The invalidity in whole or in part of any provision of this Agreement shall not void or affect the
validity of any other provision of this Agreement. Whenever possible, each provision of this
AGREEMENT shall be interpreted in such manner as to be effective and valid under applicable
law, but if any provision of this AGREEMENT is held to be prohibited by or invalid under
applicable law, such provision shall be ineffective only to the extent of such prohibition or
invalidity, without invalidating the remainder of such provisions of this AGREEMENT.
XVIII. WAIVER
No delay or omission by either party hereto to exercise any right or power accruing upon any
noncompliance or default by the other party with respect to any of the terms of this Agreement shall
impair any such right or power or be construed to be a waiver thereof. A waiver by either of the parties
hereto of any of the covenants, conditions, or agreements to be performed by the other shall not be
construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or
agreement herein contained.
XIX. FEDERAL REQUIREMENTS
FENIA financial assistance will be used to fund all or a portion of this contract. SUBRECIPIENT
shall comply with all federal requirements including, but not limited to, the following:
1. 2 C.F.R. Part 200 — Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards, which is expressly incorporated herein by reference.
2. Federal Contract Provisions attached hereto as Exhibit F and incorporated herein by
reference.
Subcontracts, if any, shall contain a provision making them subject to all of the provisions
stipulated in the contract, including but not limited to, 2 C.F.R. Part 200 and the Federal Contract
Provisions.
With respect to any conflict between such federal requirements and the terms of this Agreement
and/or the provisions of state law and except as otherwise required under federal law or regulation, the
more stringent requirement shall control.
XX. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the power, authority
and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY
fully, including reasonable costs and attorney's fees, for any injuries or damages to CITY in the event that
such authority or power is not, in fact, held by the signatory or is withdrawn
16
b. All Exhibits and Attachments referenced herein and attached hereto shall be incorporated as if
fully set forth in the body of this Agreement.
(Signatures on following page}
17
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the last date and year
written below.
ATTEST:
DAISYGOMEZ %I
Clerk of the Council
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
/ AL,
By: D. HODGE
Assista6 City Attorney
FOR APPROVAL:
STEVEN MENDOZA
Executive Director
Community Development
18
CITY OF SANTA ANA
Lw01
f
KRISTINE RIDG
City Manager
SUBRECIPIENT:
Castulo de la Rocha
President & CEO
Agency Tax ID: 95-2810095
DUNS #: 083906024
EXHIBIT A
SCOPE OF WORK
Scope of work: In direct response to the COVID-19 pandemic, A1taMed has implemented an
outdoor evaluation center where members of the Santa Ana community, both patients and non -
patients can be evaluated for testing through its Santa Ana/ Bristol clinic. This funding will help
cover staffing salary costs and allow us to ensure we are appropriately staffed to serve Santa Ana
community members in need of testing and/or treatment for COVID-19.
"National Objective: CDBG-funded activities must meet one of the following national
objectives: (1) benefit low- and moderate -income persons; (2) prevent or eliminate slums or
blight; or (3) meet other community development needs having a particular urgency because
existing conditions pose a serious and immediate threat to the health or welfare of the
community, and other financial resources are not available to meet such needs.
In response to the COVID-19 pandemic A1taMed Health Services Corporation (A1taMed), a
Federally Qualified Health Center that serves low and moderate income persons, meets the
national objective for the use of CDBG funds in accordance with 24 CFR 570.208(a)(2)
19
EXHIBIT B
BUDGET
FISCAL YEAR 2019.2020
PROGRAM BUDGET
Organization Name
Program Name COVID-19 Testing Site
EXPENDITURES
Enter budget categories and projected ex enditures for the proposed program•
Category
Expenditures
Funded By
Santa Ana
City Funds
Expenditures
Funded By
Other Sources
Program
Budget
Total
Organization
Budget
Administrative Staff Salaries
Program Staff Salaries $ Benefits
$204,023
$204,02.3
Contractual/Professional Services
TOTAL Direct Costs
5204.023
Indirect Costs 22%
_
$45,977
Jo
TOTAL BUDGET
$250,000�
$0
$0
° Indirect cost rate: 22% Faderaly negotiated Indirect cost rate, see documentation In Exhibit B-2
PROGRAM RESOURCES
LIST ALL OTHER PROGRAM RESOURCES FOR 2019-2020
Funding Source Total must equal Program Budget Total
SOURCE
EXHIBIT 8
EXHIBIT C
DEBARMENT
SAM Search Results
List of records matching your search for:
Search Term : altaMed"
ENTITY AltaMed Health Services Corporation Status: Active
DUNS: 083906024 +4: CAGE Code: 49BE3 DoDAAC:
Expiration Date: 07/06/2020 Has Active Exclusion?: No Debt Subject to Offset?: No
Address: 2040 Camfield Avenue
City: Los Angeles State/Province: CALIFORNIA
ZIP Code: 90040-1502 Country: UNITED STATES
05/11/2020
Date
M, 04. 2020 5:46 PM hllps /Iwvrxsam.gov Pape 1 of I
21
Certification Regarding Lobbying
Certification for Contracts, Grants, Loans and Cooperative Agrreements
The undersigned certifies, to the best of his or her knowledge and belief, that
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to 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 in connection with the awarding of any Federal
contract, the making of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any Federal contact, grant, loan or cooperative
agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to
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 in connection with this Federal contract, grant, loan, or cooperative
agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure
Form to Report Lobbying," in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the
award documents for all subawards at all tiers (including subcontract, subgrants, and
contracts under grants, loans, and cooperative agreements) and that all subrecipients shall
certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by Section 1352, Title
31, U. S. Code. Any person who fails to file the required certification shall be subject to
a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
A1taMed Health Services
Grantee/Contactor Organization Program Title
Name of Certifying Officer Signature Date
EXHIBIT D
Page 1 of 2
SUBRECIPIENT warrants the following:
1. SUBRECIPIENT will comply with Public Law 88-352, Title VI of the Civil Rights
Act of 1964 (42 U. S. C. section 2000 et seq.) and implementing regulation in 24 CFR
Part 1.
2. No person in the United States shall on the ground of race, color, religion, national
origin, or sex, be excluded from participation in, or be denied the benefits of, or be
subjected to discrimination under any program or activity funded in whole or in part with
community development funds made available pursuant to the ACT.
3. All laborers and mechanics, employed by contractors or subcontractors in the
performance of construction work financed in whole or in part with community
development funds shall be paid wages at rates not less than those prevailing on similar
construction in the locality as determined in accordance with the Davis -Bacon Act, as
amended, 40 U. S. C. Sections 276 a 1-5, except for individuals who perform services for
which they volunteered; do not receive compensation for such services; or are paid
expenses, reasonable benefits, or a nominal fee for such services; and are not otherwise
employed at any time in construction work.
4. SUBRECIPIENT will comply with all Federal statutes applicable to projects funded
with community development funds, except that (a) SUBRECIPIENT does not assume
CITY'S environmental responsibilities described at 24 CFR 570.604; and (b)
SUBRECIPIENT does not assume CITY'S responsibility for initiating the review process
under Executive Order 12372.
EXHIBIT D
Page 2 of 2
Certification Regarding Drug -Free Workplace Requirements
The certification set out below is a material representation upon which reliance is placed
by the U.S. Department of Housing and Urban Development in awarding the grant. If it
is later determined that the contractor knowingly rendered a false certification, or
otherwise violates the requirements of the Drug -Free Workplace Act, the U.S.
Department of Housing and Urban Development, in addition to any other remedies
available to the Federal Government, may take action authorized under the Drug -Free
Workplace Act.
CERTIFICATION
A. The contractor certifies that it will provide a drug -free workplace by:
(a) Publishing a statement notifying employees that the unlawful manufacture,
distribution, dispensing, possession or use of a controlled substance is
prohibited in the contractor's workplace and specifying the actions that will
be taken against employees for violation of such prohibition;
(b) Establishing a drug -free awareness program to inform employees about—
(1) The dangers of drug abuse in the workplace;
(2) The contractor's policy of maintaining a drug -free workplace;
(3) Any available drug counseling, rehabilitation, and employee
assistance program; and
(4) The penalties that may be imposed upon employees for drug abuse
violations occurring in the workplace;
(c) Making it a requirement that each employee who will be engaged in the
performance of the grant be given a copy of the statement required by
paragraph (a);
(d) Notifying the employee in the statement required by paragraph -(a) that,
as a condition of employment under the contract, the employee will -
(1) Abide by the terms of the statement; and
(2) Notify the employer of any criminal drug statute conviction for a
violation occurring in the workplace no later than five days after
such conviction.
(e) Notifying the U.S. Department of Housing and Urban Development within
ten days after receiving notice under subparagraph (d)(2) from an
employee or otherwise receiving actual notice of such conviction;
EXHIBIT E
Page 1 of 2
(f) Taking one of the following actions, within 30 days of receiving notice
under subparagraph (d)(2), with respect to any employee who is so
convicted -
( 1) Taking appropriate personnel action against such an employee, up
to and including termination; or
(2) Requiring such employee to participate satisfactorily in a drug
abuse assistance or rehabilitation program approved for such
purposes by a Federal, State, or local health, law enforcement, or
other appropriate agency;
(g) Making a good faith effort to continue to maintain a drug -free workplace
through implementation of paragraphs (a), (b), (c), (d), (e) and (f).
B. The contractor shall insert in the space provided on the attached 'Place of
Performance" form the site(s) for the performance of work to be carried out with
the grant funds (including street address, city, county, state, and zip code) .the
contractor further certifies that, if it is subsequently determined that additional
sites will be used for the performance of work under the contract, it shall notify
the U.S. Department of Housing and Urban Development immediately upon the
decision to use such additional sites by submitting a revised 'Place of
Performance" form.
The Contractor shall insert in the space provided below the site(s) expected to be used
for the performance of work under the contract covered by the certification:
Place of Performance (include street address, city, county, state, zip code for each site):
2720 S Bristol St. Ste. 110
Santa Ana, CA 92704
AltaMed Health Services Corporation
Organization
� 690 w
Authorized Signature
05/19/2020
Date
EXHIBIT E
Page 2 of 2
EXHIBIT F
FEDERAL CONTRACT PROVISIONS
During the performance of this contract, SUBRECIPIENT (or "Vendor") shall comply with all applicable
federal laws and regulations, including but not limited to, the federal contract provisions in this Exhibit. In
this Exhibit, the term "Agency" shall mean the CITY as the local agency entering into this contract with the
Vendor.
CONTRACTING WITH SMALL AND MINORITY FIRMS, WOMEN'S BUSINESS
ENTERPRISE AND LABOR SURPLUS AREA FIRMS (2 C.F.R. § 200.321)
(A) Vendor shall be subject to 2 C.F.R. § 200.321 and will take affirmative steps to assure
that minority firms, women's business enterprises, and labor surplus area firms are used
when possible and will not be discriminated against on the grounds of race, color,
religious creed, sex, or national origin in consideration for an award.
(B) Affirmative steps shall include:
(i) Placing qualified small and minority businesses and women's business
enterprises on solicitation lists;
(ii) Assuring that small and minority businesses, and women's business enterprises
are solicited whenever they are potential sources;
(iii) Dividing total requirements, when economically feasible, into smaller tasks or
quantities to permit maximum participation by small and minority business,
and women's business enterprises;
(iv) Establishing delivery schedules, where the requirement permits, which
encourage participation by small and minority business, and women's business
enterprises; and
(v) Using the services/assistance of the Small Business Administration (SBA), and
the Minority Business Development Agency (MBDA) of the Department of
Commerce.
Vendor shall submit evidence of compliance with the foregoing affirmative steps when requested by
the Agency.
Notwithstanding the foregoing, the affirmative steps requirements detailed above do not apply in the
case of a noncompetitive procurement made under the emergency exception/exigency exception to
competitive procurements.
COST PRINCIPLES (2 C.F.R. PART 200, SUBPART E)
(A) If any indirect costs will be charged to the Agency under this contract, such costs must
conform to the cost principles set forth under the Uniform Rules at 2 C.F.R. Part 200,
subpart E ("Cost Principles"). In general, costs must (i) be necessary and reasonable; (ii)
24
allocable to the grant award; (iii) conform to any limitations or exclusions set forth in the
Cost Principles; (iv) be adequately documented; and (v) be determined in accordance
with generally accepted accounting principles ("GAAP"), except, for state and local
governments and Indian tribes only, as otherwise provided for in 2 C.F.R, Part 200,
subpart E. 2 C.F.R. § 200.403. Costs that are determined unallowable pursuant to a
federal audit are subject to repayment by Vendor.
3. ACCESS TO RECORDS & RECORD RETENTION (2 C.F.R. 200.336)
(A) Vendor shall comply with 2 C.F.R. § 200.336 and provide the Federal Agency, Inspectors
General, the Comptroller General of the United States, Agency, and the State of
California or any of their authorized representatives access, during normal business
hours, to documents, papers, books and records which are directly pertinent to this
contract for the purposes of making and responding to audits, examinations, excerpts, and
transcriptions. The right also includes timely and reasonable access to the Vendor's
personnel for the purpose of interview and discussion related to the books and records.
(B) The Vendor agrees to permit any of the foregoing parties to reproduce by any means
whatsoever or to copy excerpts and transcriptions as reasonably needed.
(C) The Vendor agrees to provide the Federal Agency or its authorized representatives access
to construction or other work sites pertaining to the work being completed under the
contract.
4. REQUIRED CONTRACT PROVISIONS IN ACCORDANCE WITH APPENDIX II TO
PART 200 — CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS
UNDER FEDERAL AWARDS (2 C.F.R. § 200.326)
(A) Appendix II to Part 200 (A)• Appendix II to Part 200 (B)• Remedies for Breach:
Termination for Cause/Convenience. If the contract is in excess of $10,000 and the
contract does not include provisions for both termination for cause and termination for
convenience by the Agency, including the manner by which it will be effected and the
basis for settlement, then the following termination clauses shall apply. If the contract is
for more than the simplified acquisition threshold (see 2 C.F.R. § 200.88) at the time the
contract is executed and does not provide for administrative, contractual, or legal
remedies in instances where Contractor violates or breaches the terms of the contract,
then the following termination clauses shall apply and have precedence over the contract.
Otherwise, the following termination clauses shall not be applicable to the contract.
(i) Termination for Convenience. The Agency may, by written notice to Vendor,
terminate this contract for convenience, in whole or in part, at any time by giving
written notice to Vendor of such termination, and specifying the effective date
thereof ("Notice of Termination for Convenience"). If the termination is for the
convenience of the Agency, the Agency shall compensate Vendor for work or
materials fully and adequately provided through the effective date of termination. No
amount shall be paid for unperformed work or materials not provided, including
anticipated profit. Vendor shall provide documentation deemed adequate by the
Agency to show the work actually completed or materials provided by Vendor prior
to the effective date of termination. This contract shall terminate on the effective date
of the Notice of Termination.
25
(I I) Termination for Cause. If Vendor fails to perform pursuant to the terms of this
contract, the Agency shall provide written notice to Vendor specifying the default
("Notice of Default"). If Vendor does not cure such default within ten (10) calendar
days of receipt of Notice of Default, the Agency may terminate this contract for
cause. If Vendor fails to cure a default as set forth above, the Agency may, by
written notice to Vendor, terminate this contract for cause, in whole or in part, and
specifying the effective date thereof ("Notice of Termination for Cause"). If the
termination is for cause, Vendor shall be compensated for that portion of the work or
materials provided which has been fully and adequately completed and accepted by
the Agency as of the date the Agency provides the Notice of Termination. In such
case, the Agency shall have the right to take whatever steps it deems necessary to
complete the project and correct Vendor's deficiencies and charge the cost thereof to
Vendor, who shall be liable for the full cost of the Agency's corrective action,
including reasonable overhead, profit and attorneys' fees.
(Ili) Reimbursement: Damages. The Agency shall be entitled to reimbursement for any
compensation paid in excess of work rendered or materials provided and shall be
entitled to withhold compensation for defective work or other damages caused by
Vendor's performance of the work.
(iv) Additional Termination Provisions. Upon receipt of a Notice of Termination, either
for cause or for convenience, Vendor shall promptly discontinue the work unless the
Notice directs to the contrary. Vendor shall deliver to the Agency and transfer title
(if necessary) to all provided materials and completed work, and work in progress
including drafts, documents, plans, forms, maps, products, graphics, computer
programs and reports. The rights and remedies of the parties provided in this Section
are in addition to any other rights and remedies provided by law or under this
contract. Vendor acknowledges the Agency's right to terminate this contract with or
without cause as provided in this Section, and hereby waives any and all claims for
damages that might arise from the Agency's termination of this contract. The
Agency shall not be liable for any costs other than the charges or portions thereof
which are specified herein. Vendor shall not be entitled to payment for unperformed
work or materials not provided, and shall not be entitled to damages or compensation
for termination of work or supply of materials. If Agency terminates this contract for
cause, and it is later determined that the termination for cause was wrongful, the
termination shall automatically be converted to and treated as a termination for
convenience. In such event, Vendor shall be entitled to receive only the amounts
payable under this Section, and Vendor specifically waives any claim for any other
amounts or damages, including, but not limited to, any claim for consequential
damages or lost profits. The rights and remedies of the Agency provided in this
Section shall not be exclusive and are in addition to any other rights and remedies
provided by law, equity or under this contract including, but not limited to, the right
to specific performance.
(B) Appendix II to Part 200 (C) — Equal Employment Opportunity: Except as otherwise
provided under 41 C.F.R. Part 60, Vendor shall comply with the following equal
opportunity clause, in accordance with Executive Order 11246 of September 24, 1965
entitled "Equal Employment Opportunity," as amended by Executive Order 11375 of
October 13, 1967 and implementation regulations at 41 C.F.R. Chapter 60:
26
(i) Vendor will not discriminate against any employee or applicant for employment
because of race, color, religion, sex, or national origin. Vendor will take
affirmative action to insure that applicants are employed and that employees are
treated equally during employment, without regard to race, color, religion, sex, or
national origin. Such action shall include, but not be limited to, the following:
employment upgrading, demotion, transfer, recruitment, or recruitment
advertising; layoff or termination; rates of pay or other forms of compensation;
and selection for training including apprenticeship. Vendor agrees to post in
conspicuous places, available to employees and applicants for employment,
notices to be provided by the Agency setting forth the provisions of this
nondiscrimination clause,
Vendor will, in all solicitations or advertisements for employees placed by or on
behalf of Vendor, state that all qualified applicants will receive consideration for
employment without regard to their race, color, religion, sex, or national origin.
Vendor 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 Vendor's legal duty to furnish
information.
(iv) Vendor 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 agency contracting officer, advising the labor union
or workers' representative of the contractor's commitments under Section 202 of
Executive Order No. 11246 of September 24, 1965, and shall post copies of the
notice in conspicuous places available to employees and applicants for
employment.
(v) Vendor 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.
(vi) Vendor will furnish all information and reports required by Executive Order No.
11246 of September 24, 1965, and by the rules, regulations, and orders of the
Secretary of Labor, or pursuant thereto, and will permit access to his books,
records, and accounts by the contracting agency and the Secretary of Labor for
purposes of investigation to ascertain compliance with such rules, regulations,
and orders.
(vii) In the event of Vendor's noncompliance with the nondiscrimination clauses of
this contract or with any of such rules, regulations, or orders, this contract may be
cancelled, terminated or suspended in whole or in part and the contractor may be
27
declared ineligible for further Government contracts in accordance with
procedures authorized in Executive Order No.11246 of Sept. 24, 1965, and such
other sanctions may be imposed and remedies invoked as provided in Executive
Order No.11246 of September 24, 1965, or by rule, regulation, or order of the
Secretary of Labor, or as otherwise provided by law.
(viii) Vendor will include the provisions of paragraphs (i) through (viii) 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 No.
11246 of September 24,1965, so that such provisions will be binding upon each
subcontractor or vendor. Vendor 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 Vendor becomes involved in, or is
threatened with, litigation with a subcontractor or vendor as a result of such
direction, Vendor may request the United States to enter into such litigation to
protect the interests of the United States.
(C) Appendix II to Part 200 (D) — Davis -Bacon Act: Copeland Act Not applicable to this
contract.
(D) Appendix II to Part 200 (E) — Contract Work Hours and Safety Standards Act
(i) If this contract is in excess of $100,000 and involves the employment of mechanics
or laborers, Vendor shall comply with 40 U.S.C. 3702 and 3704, as supplemented by
Department of Labor regulations (29 C.F.R. Part 5). Under 40 U.S.C. 3702, each
contractor must be required to compute the wages of every mechanic and laborer on
the basis of a standard work week of 40 hours. Work in excess of the standard work
week is permissible provided that the worker is compensated at a rate of not less than
one and a half times the basic rate of pay for all hours worked in excess of 40 hours
in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction
work and provide that no laborer or mechanic must be required to work in
surroundings or under working conditions which are unsanitary, hazardous or
dangerous. These requirements do not apply to the purchases of supplies or materials
or articles ordinarily available on the open market, or contracts for transportation or
transmission of intelligence.
(ii) No contractor or subcontractor contracting for any part of the contract work which
may require or involve the employment of laborers or mechanics shall require or
permit any such laborer or mechanic in any workweek in which he or she is
employed on such work to work in excess of forty hours in such workweek unless
such laborer or mechanic receives compensation at a rate not less than one and one-
half times the basic rate of pay for all hours worked in excess of forty hours in such
workweek.
(iii) In the event of any violation of the clause set forth in paragraph (ii) of this section the
contractor and any subcontractor responsible therefor shall be liable for the unpaid
wages. In addition, such contractor and subcontractor shall be liable to the United
States (in the case of work done under contract for the District of Columbia or a
territory, to such District or to such territory), for liquidated damages. Such liquidated
damages shall be computed with respect to each individual laborer or mechanic,
28
including watchmen and guards, employed in violation of the clause set forth in
paragraph (ii) of this section, in the sum of $10 for each calendar day on which such
individual was required or permitted to work in excess of the standard workweek of
forty hours without payment of the overtime wages required by the clause set forth in
paragraph (ii) of this section.
(iv) The Agency shall upon its own action or upon written request of an authorized
representative of the Department of Labor withhold or cause to be withheld, from any
moneys payable on account of work performed by the Vendor or subcontractor under
any such contract or any other Federal contract with the same prime contractor, or
any other federally -assisted contract subject to the Contract Work Hours and Safety
Standards Act, which is held by the same prime contractor, such sums as may be
determined to be necessary to satisfy any liabilities of such contractor or
subcontractor for unpaid wages and liquidated damages as provided in the clause set
forth in paragraph (iii) of this section.
(v) The Vendor or subcontractor shall insert in any subcontracts the clauses set forth in
paragraph (ii) through (v) of this Section and also a clause requiring the
subcontractors to include these clauses in any lower tier subcontracts. The Contractor
shall be responsible for compliance by any subcontractor or lower tier subcontractor
with the clauses set forth in paragraphs (ii) through (v) of this Section.
(E) Appendix II to Part 200 (F) —Rights to Inventions Made Under a Contract or Agreement
(1) If the Federal award meets the definition of "funding agreement' under 37 C.F.R. §
401.2(a) and the non -Federal entity wishes to enter into a contract with a small
business firm or nonprofit organization regarding the substitution of parties,
assignment or performance of experimental, developmental, or research work under
that "funding agreement," the non -Federal entity must comply with the requirements
of 37 C.F.R. Part 401 (Rights to Inventions Made by Nonprofit Organizations and
Small Business Firms Under Government Grants, Contracts and Cooperative
Agreements), and any implementing regulations issued by the Agency.
(ii) The regulation at 37 C.F.R. § 401.2(a) currently defines "funding agreement' as any
contract, grant, or cooperative agreement entered into between any Federal agency,
other than the Tennessee Valley Authority, and any contractor for the performance of
experimental, developmental, or research work funded in whole or in part by the
Federal government. This term also includes any assignment, substitution of parties,
or subcontract of any type entered into for the performance of experimental,
developmental, or research work under a funding agreement as defined in the first
sentence of this paragraph.
(iii) This requirement does not apply to the Public Assistance, Hazard Mitigation Grant
Program, Fire Management Assistance Grant Program, Crisis Counseling Assistance
and Training Grant Program, Disaster Case Management Grant Program, and Federal
Assistance to Individuals and Households — Other Needs Assistance Grant Program,
as FEMA awards under these programs do not meet the definition of "funding
agreement."
(F) Appendix II to Part 200 (G) — Clean Air Act and Federal Water Pollution Control Act: If
this contract is in excess of $150,000, Vendor shall comply with all applicable standards,
orders, or requirements 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).
(i) Pursuant to the Clean Air Act, (1) Vendor agrees to comply with all applicable
standards, orders or regulations issued pursuant to the Clean Air Act, as
amended, 42 U.S.C. § 7401 et seq., (2) Vendor agrees to report each violation to
the Agency and understands and agrees that the Agency will, in turn, report each
violation as required to assure notification to the Federal awarding agency and
the appropriate Environmental Protection Agency Regional Office, and (3)
Vendor agrees to include these requirements in each subcontract exceeding
$150,000,
(ii) Pursuant to the Federal Water Pollution Control Act, (1) Vendor agrees to
comply with all applicable standards, orders or regulations issued pursuant to the
Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq., (2)
Vendor agrees to report each violation to the Agency and understands and agrees
that the Agency will, in turn, report each violation as required to assure
notification to the Federal awarding agency and the appropriate Environmental
Protection Agency Regional Office, and (3) Vendor agrees to include these
requirements in each subcontract exceeding $150,000.
(G) Appendix II to Part 200 (H) — Debarment and Suspension: A contract award (see 2 C.F.R.
§ 180.220) must not be made to parties listed on the government wide exclusions in the
System for Award Management (SAM), in accordance with the OMB guidelines at 2
CFR 180 that implement Executive Orders 12549 (3 C.F.R. part 1986 Comp., p. 189) and
12689 (3 C.F.R. part 1989 Comp., p. 235), "Debarment and Suspension." SAM
Exclusions contains the names of parties debarred, suspended, or otherwise excluded by
agencies, as well as parties declared ineligible under statutory or regulatory authority
other than Executive Order 12549.
(i) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2
C.F.R. pt. 3000. As such Vendor is required to verify that none of the Vendor, its
principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. §
180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at
2 C.F.R. § 180.935).
(ii) Vendor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000,
subpart C and must include a requirement to comply with these regulations in
any lower tier covered transaction it enters into.
(iii) This certification is a material representation of fact relied upon by Agency. If it
is later determined that Vendor did not comply with 2 C.F.R. pt. 180, subpart C
and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the Agency,
the Federal Government may pursue available remedies, including but not
limited to suspension and/or debarment.
(iv) Vendor warrants that it is not debarred, suspended, or otherwise excluded from or
ineligible for participation in any federal programs. Vendor also agrees to verify
that all subcontractors performing work under this contract are not debarred,
disqualified, or otherwise prohibited from participation in accordance with the
requirements above. Vendor further agrees to notify the Agency in writing
30
immediately if Vendor or its subcontractors are not in compliance during the
term of this contract.
(H) Appendix II to Part 200 I — Byrd Anti -Lobbying Act: If this contract is in excess of
$100,000, Vendor shall have submitted and filed the required certification pursuant to the
Byrd Anti -Lobbying Amendment (31 U.S.C. § 1353). If at any time during the contract
term funding exceeds $100,000.00, Vendor shall file with the Agency the Federal
Standard Form LLL titled "Disclosure Form to Report Lobbying." Vendors that apply or
bid for an award exceeding $100,000 must file the required certification. Each tier
certifies to the tier above that it will not and has not used Federal appropriated funds to
pay any person or organization for influencing or attempting to influence an officer or
employee of any agency, a member of Congress, officer or employee of Congress, or an
employee of a member of Congress in connection with obtaining any Federal contract,
grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any
lobbying with non -Federal funds that takes place in connection with obtaining any
Federal award. Such disclosures are forwarded from tier to tier up to the recipient.
(1) Appendix II to Part 200 (J) — Procurement of Recovered Materials:
(1) Vendor shall comply with section 6002 of the Solid Waste Disposal Act, as amended
by the Resource Conservation and Recovery Act. The requirements of Section 6002
include procuring only items designated in guidelines of the Environmental
Protection Agency (EPA) at 40 C.F.R. part 247 that contain the highest percentage of
recovered materials practicable, consistent with maintaining a satisfactory level of
competition, where the purchase price of the item exceeds $10,000 or the value of the
quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid
waste management services in a manner that maximizes energy and resource
recovery; and establishing an affirmative procurement.
(11) In the performance of this contract, the Vendor shall make maximum use of products
containing recovered materials that are EPA -designated items unless the product
cannot be acquired: Competitively within a timeframe providing for compliance with
the contract performance schedule; Meeting contract performance requirements; or
At a reasonable price.
(iii) Information about this requirement, along with the list of EPA -designate items, is
available at EPA's Comprehensive Procurement Guidelines web site,
https://www. epa. gov/smm/comprehensive-procurement-guideline-cpg-program,
5. MISCELLANEOUS PROVISIONS
(A) The Vendor shall not use the DHS seal(s), logos, crests, or reproductions of flags or
likenesses of DHS agency officials without specific FEMA preapproval.
(B) This is an acknowledgement that FEMA financial assistance will be used to fund the
contract only. The Vendor will comply with all applicable federal law, regulations,
executive orders, FEMA policies, procedures, and directives.
(C) Vendor acknowledges that 31 U.S.C. Chapter 38 (Administrative Remedies for False
Claims and Statements) applies to the Vendor's actions pertaining to this contract.
31
(D) The Federal Government is not a party to this contract and is not subject to any
obligations or liabilities to the Agency, Vendor, any subcontractors or any other party
pertaining to any matter resulting from the contract.
(E) General and Administrative Expenses And Profit For Time And Materials
Contracts/Amendments.
(1) General and administrative expenses shall be negotiated and must conform to the
Cost Principles.
(ii) Profit shall be negotiated as a separate element of the cost. To establish a fair and
reasonable profit, consideration must be given to the complexity of the work to be
performed, the risk borne by the Vendor, the Vendor's investment, the amount of
subcontracting, the quality of its record of past performance, and industry profit rates
in the surrounding geographical area for similar work.
(iii) Any agreement, amendment or change order for work performed on a time and
materials basis shall include a ceiling price that Vendor exceeds at its own risk.
32
CERTIFICATE OF LIABILITY INSURANCE °MAY21,292o . )
PRODUCER A 131 SUEDASAMATTE-1 -FIJRMATIQN ONLY AND
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096CRMTION OFOPaRATONS/WCAMRSi VaRICLES IACORD far, AdeNtIm r Remuse. Schedete, may tx illaehed if mdro epeae la raeWred)
RE: CoTanavirus (CDSG-CV) Funds
REVIEWED & APPROV DIVISION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
Ft_Cjt#£RI$ttie'�"eiiIs"p.,DN st � f�/ l�� PIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
vkCenterPiaza•MSt 'igkip ORDANCBWITH THE POLICY PROVISIONS.
PO Box i9aS MI IE ACEVE 10 _
Santa Ana,. CA $2702 AUTHORIZED REPRESENTATIVE
ACORO 2S(281a103) m 1938.201E ACORD CORPORATION. All rights raserved.
Lna. A%uvKv name and logo are registered marks of ACORD
rsarn:,RFtY.xv
CERTIFICATE OF LIABILITY INSURANCE
T �;
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE NOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE APPORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATEHOLDER.
IMPORTANT: If the Certificate holder Is tin ADDITIONAL INSURED, the poilcy(las) must have ADDITIONAL INSURED provisions or bo artdorsad,
It SUBROGATION IS WAIVED, subject to "a terms and conditions of One Fancy, certain policies may require aft OrulmsemerIL. A statement on
thlsCartiOasfs doesntMt confer rt sto tDe Garti$afte notder initeu ofauch elslolsemkat a:
PRODUCER a: 777
Culver City, CA 4US International Insurance Services Inc,
Soo Corporate palms
Culver City, CA 90230
Ct _
N P $
a Eqy ; 10 88$•$900 it.: 310 8$•909$
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AiuMad Health Services Corporation c,y"
AMMMed Health NsMww* Inc.
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2040 Cartlfieid Avenue
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Los Angeles, CA 00040
INSURkR P:
Y Awc*Kl mo CCCYIWi A' 111 I&ACIC0. �C\heb1�1 �t1A��e C6.
THIS IS -TO "CERTIFY" THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONOrrION OF ANY CONTRACTOR OTHER OOCUMENTWITH RESPECTTOWHICHI'M$
CERTIRCATEUAY SE ISSUED OR MAY PERTAIN; THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED. HEREIN IS SUSJECT'TO ALL THETtRM$,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. UMiTSSHOWN MAY HAVI SEEN RE0t10ED BY PAID CLAIMS.
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TYPE OF INSdRANCB
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OESCRIPTIONOPCPEMT*NSILOCATIONSIWMICLBB AC00.01Bi, AEdN14nRIRmwis 3ch�dWa,Try kY iNaelistl NmMs 6pp��g Ist"w")
Should the be cancelled before the axpilration date, Hub international Insurance Services Inc. Independent of any rights which may be
policies IHub),
afforded within the policies to the oamfIC81aholder named below, Wit provide to such oeru$asta holder notice, of such cancagation whhin thirty (30) days of
in* canoffedon date, eaoept in the event the canaeilation Is due to nompsymant of Premium In which case Hub YAM provide to such certificate holder notice
of such cancellation within tan (401 day# of the cancellation dste. rt
jay Vt kk�1MD EMEN 11UViS10N
City of Santa Ana tt'eila"ni:DlfttsAi
20 Croti Center Plaza • MM;
P4Box 198E
Santa Ana, CA 92102
CANCELLED BEFORE
BE DELIVERED IN
1088.201S ACORD CORPORATION, All rights
The ACORD name and logo are registered marks of ACORD
WAIVER OF OUR RIGHT TO RECOVER PROM OTHERS ENDORSEMENT
CAUFORNIA
We have the right to recover our payments from anyone liable for an Injury covered by Oils poNcy, We will not
enforce our right against the person or organization named In the Schedule, (This agreement applies only to the
aatan(that you perform work Under a Written oonhact that requires you to obtain this agreement from us.)
You must maintain payroll records scarrately, ssgragating the remuneration of your employees white engaged In
the work described in the Schedule..
The additional premium for this sndorsoment shell be OOA of the California workers' compensation premium
othonvise due on such remuneration.
Schedule
Additional premium Is a percent of the Oaltfomts Manual Workers Compensation promium, Subject to a minimum
premium charge of $
Premium to Included In the
applicable state blanketwelvePs
premium charge,
REVItWED & APPROVED
Ry Risk MANAC}EMENf Di WON
Issued by Liberty Mutual PiroNtsursnoe Gampany 19t3II6' ' j���,
For adsohment to polloy No. WC2.515.0071 fi5-010 Wive Ne� 0 Prep}lyin 4
Issued to AkaMed Health So Moes CoWdon moE A CfiVE€iO
WC 04 OII as
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