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SALVATION ARMY, THE (3)
0 N ,,jURANCE NOT ON FILE o NORK MAY NOT PROCEED `1.' CLERK OF COUNCIL c" DATE: A-2020-085-08 AGREEMENT BETWEEN THE CITY OF S.ANT.A ANA AND THE SALTATION ARMY FOR USE OF CC'ORONAVIRUS AID, RELIEF, .AND ECONOMIC SECURITYACT (CARES ACT) FUNDS o-.CQ-f�-��)CMGtri t: etc.. M�trp��e� �! This Agreement is aereby made and entered into this Ist clay of October 2020. by and bchvcell the Cit% of Santa Ana, a charter city and municipal corporation organized and esistin' under the Constitution and haws of the State of California ("CITY"), and The Salvation Army, a California nonprolit corporation ("SUBRECIPIENT" or "CONTRACTOR"). RECITALS: A. On March 27, 2020. a special allocation of funds was authorized by the Crn'onavirus Aid, Relief' and Economic Security Act ("CARES Act"), Public Late 116-136, Section 601(a) of the Social Security Act, to prevent, prepare for, and respond to the cm'onavirus (" COVID- 19") pandemic. B. On August 4, 2020, the Santa Ana City Council authorized the City Manager to utilize CARES Act litnding lbr various programs in response to the COVID-19 pandemic, including the Santa Ana CARES tin' Tenant Rental Assistance Program, wNch is aimed at assisting residents within the City of Santa Ana that have been affected by COVID-19 and need assistance in surviving and recovering through thus pandemic. C. SUBRECIPIENT has been selected by the CITY to receive CARES Act Funds in order to administer the CH)"s Santa Ana CARES for Tenant Rental Assistance program, in accordance with the Scope of Work attached hereto as Exhibit A and incoiporated herein by reference (-said program'). SUBRECIPIENT represents that it is qualified and willing; to operate said program and certifies that the aclministration of said program carried out With funds provided under this Agreement will meet the CARES .Act's objecticcs to respond to this historic C'OVID-19 public health crisis. D. SUBRECIPIENT agrees that it will adhere to the eligibility requirements.. required documentation, and project expectations as indicated in Exhibit A liar said Program. Faihure to fnllott the requirements and meet the stated expectations may constitute breach of comrtic, that could resttll in termination of this Agreement or serve as reason Ibr the Clll' ka recapture the grant lLluds awarded to SUBRECIPIENT pursuant to this Agreement. SUBRECIPIENTagrees to administer said program in accordance with the Scope of Work attached hereto as Exhibit A and incorporated herein by reference. WHEREFORE. it is agreed by and between the parties that the fitrcgoing Recitals are a substantive part ofthis Agreement and the Following terms and conditions arc ❑iprotctl and together with all exhibits and attachments hereto, shall constit SUBRECIPIENT: ute the entire Agreement bcttcocn the CITY anal CARES ACT PROGRANI PROVISIONS A. Scq�c of hVoLk. SUL3RL.CIPIE'NT shall be responsible for the specific tasks and services of said program, and agrees to administer said program in compliance with the size of the grunt, the cliwW WIity requircnwntS, the eligible expenses for said program, the disbursement offends, the required to quality Mr grant award, and the project expectations as described in the Scope of Work attached hereto as Whit A. SUBRECIPIENT's failure to perform as raluircd may, in addition to other rcmadics set Will in this Agreement, result in rauljustmeat of the tnnount of funds lot. said program or termination of this Agreement. B. Corm of A< (cement. The term of said Agreement shalt commence on the date lust written above and continue thisugh December 30, 2020 ("Tern"), unless terminated earlier pursuant to the terms of this Agreement. SUBRECIPIENT shall administer said program during said Tenn pursuant to the Scope orWork attached hereto as Exhibit A. This Agreement shrill also cover any and all services provided by the SUBRECIPIETIf to the CITY since the dale the CARES Act Funds were awarded to the CITY. Additionally, the "Germ of this Agreement may be extended by a writing executed by the City Manager, or her designee, and the City Attorney. C. Auwunt of Grunt Funding. The total amount of funds provided for said program shall not exceed Nine Hundred Thousand Dollars ($900,000.00) ("CARES Act funds") during the Tenn of the; Agreement. SUBREC'IPIE`dT agrees to administer said program as outlined in Vlllblt A, and within the terms of this Agrecntcnt, and to use said CARES Act Funds to administer said program pursuant to the regulations in Exhibit A attached hereto and incorporated herein by reference. (1) Fends for Santa Ana CARES for Tenant Rental Assistance Program SUBREC'1PIEN"f win be disbursal funds up to an amount not to excceCI Eight Ilundral and Ten ThOUsand Dollars ($81%000.00) m be used solely for grants to eligible participants in said program in accordance with Exhibit A. Q) Administrative Funds, CLOY shot[[ make administrative fee paynent(s) to SUBRECIPIL:NT in the amount of Its percent (10%) of program finding for administering said pmgmm, which equals a total tnnount not to exceed Ninety Thousand Dollars ($90,000.00), pursuant to the terms detailed in Exhibit B. final administrative fee payment will be basal on No percent (10%,) of the total grant funds issued. D. Disbursonicnt of Funds. Said CARES Act Funds shall be disbursed by CITY to SUBRECIPINT ppumuant to the terms found in the Compensation/Paynient attached hereto as Exhibit B, with payments subject to the submittal of invoices and other reporting rcquirauents, as hercinaftor more Cully set forth. SUBRECHMENT shall be obligated to perform such clinics as Would normally extend beyond the term, including. but not limiter( to, obligations with 1c:spcct to indemnification, audits, reporting, data retention/reporting, and accounting. Failure to provideany of the required documentation and reporting will cause CITY to withhold all or a portion of a request for CARPS Act funds, or rows the entire request to SUBRECIPIENT, until such d0entnenlallon and reporting has been received and approved by CITY. (1) Reduction is CARES Act Funding' The CITY rescrves the right to reduce the amount orCARES Act Funds to SUBRECIPIENT. or to completely terminate this Agreement, in tits CITY's sole discretion, inhere is a reduction in CARES Act Funcls provided to the CITY. (2) Reduced Distribution of Funds. The CITY reso.VCS the right to reduce the grant application it the C'ITY's Fiscal monitoring indicates that SUBRECIPIENT's rate of expenditure will result in unspent fluids at the end of the program term. Amendments in the grant allocation will be made after consultation will' SUBRECTPIENF. (3) Reversion of Assets. SUBRECIPIENT awes that any and all Buds received under this Agreement shall be chsborsed during due Term or this Agwonclit, and Chat any and all Ibnds remaining as or Him end of the Term, which have not been disbursed, shall be returned by SUBRECIPIENT to to CITY within thirty (30) days orthe expiration or earlier termination of' the Agreement. No expense or SUBRECIPIENT will be reimbursed by CITY irincurred after the end o n he •rerm o r the Agreement, P.. AN Program Requirements. (1) SUB RECIPIENT acknowledges that the source of rending fbr said progran' is the federal CARES Act FUnd, and that payments from the CARES Act Funds arc only to be used to make nu;essary expenchlnsws incurred due to the public health emwgeneywith respect to COVI& l9. (2) SUBREC'IPIENT acknowledges that CARES Act Fund provisions allow tl'e use orCARES Act Funcls Rtr expenses associated with the provision orecono nic support in connection with the COVID-14 public KIII emergency such as cNtettditures rchued to the provision orgtants From local government to reimburse the costs of business interruption caused by required closures, and'vW not use these Funds f'or any other uses (3) SUBRECIPIENT shall fultow the process and determination oFeligibidity lbr parifebams in said program as outlined in Exhibit A. F. Performancelggnilang. 0) SUBRECIPIENT shall submit progran' performance information as often as '';quested by CITY, bill, no Tess than the submission orn'onthly reports and a final report to (Try with the irtl'ctrn'ation mgowed by anti in the Format acceptable to CITY. Eacl' monthly report is clue within thirty (30) clays or completion of work f'or each month. T'hc final report is due within thirty (30) days alder the termination or expiration of this Agreement. (2) C'FFY will evaluate SUBRECIPIENT"s management and operation or said program on I'adors, including boo not limitecl to ',caul VOInIrIC, disbursed funds, nanagement, rgwaiog and strategic results wilt respect to the project expectations as described in ExhibitA. (3) CITY will review the audit orwe SUBRECIPf ENT to ensure thou grant Funcls are axed liir authorized purposes in con'pliance wid' laws, regulations, and the provisions of conn'acts or grant agreements under ibis Agreement, including attachu'ents and exhibits. 4 (4) If action to correct any substanclarcl PURrrmanee is not taken by the SUBREC'IPIEN'I' within ii rcasonablc Period a(lcr being notified by CITY, suspcision or ternnination procedures may be initiated by CITY. (5) All pe•fbi'mancc shall be subject to rovicw by the CITY or other re.,mlatory agencies at all times. SUBRECIPIENT shall provide adequate cooperation to any inspector or other CITY representative to pernnit idle same to determine SUBRECIPIEN'I"s conR)runity with the terms ol'this Agreement, lCany services performed by SUBRECIPIENT tine not in conl'ornwnce with the terms ol'this Agrecnnemt, (lie CITY shall have the right to require SUBRECIPIENT to perl'ortn the sot -vices in conformance with the terms of the Agreement at no additional cost. The CITY may also terminate this Agreement for clefauh aid charge SUBRECIPIENT IN-anycosts incurred by the CITY because of S UB R ECIPIENT's failure to perform. (6) SUBRECIPIENT shall establish adequate procedures for sell' monitoring and quality control and assutaueo fo unsureproPcr Per•forrnauoc 1.111der this Agreement; au(I shall permit a CITY representative or 0111cr regulatory official to monitor, assess, or evaluate SUBRECIPIENT's perRt-manee tinder this Agreement at aany time, upon reasonable notice to SUBRECIPIENT. G. Audit. (I) SUBRECIPIENT shall maintain complete and accurate records anti supporting documentation to facilitate financial and/or program audits by CITY. This requirement shall apply to ally records and documentations CITY shall reasonably require or as required to be maintained pursuant to the CARES Act regulations. (2) The books and accounts files, anti other records ol'SUBRFCIPIENT, which are applietible to this Agreement, shall be available for inspectiotr, rovicw, aid audit during normal business flours by CITY to cletcrnnine the proper application antl use of ail CARES Act Funds provided to or for the account or benefit of SUBRECIPIENT. (3) SUBRECIPIENT assumes resporisibility R>r reimbursement w CITY a suns of money equivalent to the amount of any expenditures disallowed should the CITY, or au authorized agency, rule through audit, exception, or some other appropriate means, that expenditti-cs t'ronn funds allocated to SUBRECIPIENT Tor clirect and%or administrative costs were not made ill compliance With the applicable cost principle,, regulations, or the Provisions ol'this Agrccmant. (4) SUBRECIPIENT agrees to coanply with the rcquirennents of ONIIB Unilbrmn Guidance 2 CPR Part 200. SUBRWIPIENT Curtlicr agrees to prcvi(le CI"1'1' with it copy of completed independent auditors' report within thirty (30) days ol'C'ITY's request for such report. If the report contains instances of non-compliance with federal laws and regulations that bear directly on the Pert'ormmice ()"administration al'this Agrecnnent. SUBRI CIPIFNT shall provide CI'l'1' copies of responses to auditors' r<:ports. a plan for corrective action, and auditors' response that the noncompliance has been resoleed. All reports Prepared in accord with the rcquh'euents of O\dB Unilbrm Guidance 2 CPR Part 200 shall be available for inspection by rcprescrtatives ofC'I"IY or the federal govea'nmeut during normal business hOUrS. (5) All au otmting records, reports, and evidence pertaining to all costs, expenses and the CARETS Act Fwuls of SUBREC if IENT and all documents related to this Agreement shall be maintained and kept available al SUBREC'IPILINT'S orrice or Place orbusiness Or the duration or the Agreement and thorearler for rive (5) years from the date of final payment under this Agreement. Records which relate to: (a) complaints, claims, administrative proceedings or litigation arising out or the perlbrmance or 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 live (5) yours until complete resolution ordis rushhn orsuchaMwals, litigation claims, or exceptions. In the event SUBRECIPIEN'I" does not make the above -referenced documents available within the City of Santa Anti, Calirornia, SUBREC'IPIEN'T agrees to pay all necessary and reasonable expenses incurred by CITY in conducting any audit at the location when, said records and books of account are maintained. H. O} uarshi}�/Us� olof blatoriaIs. SUBRECIPIENT agrees that all materials, reports or products in any torn, including electronic, created by SUBRECIPIENT for which SUBREC H IENT has been compensated pursuant to this Agreement shall be the sole properly of the CITY The material, reports, or products may be used by the CITY for any purpose that the CITY deems to be appropriate, including, but not limit to, duplication and/or distribution within the CITY or to third parties. SUBR INCIPIENT agrees not to rcleaae or circulate in whole or part such materials, reports, m• products without prior written authorization of the CITY. 1. C(ose_Qit. SUBRECIFIENT agrees to comply witlu the closeout procedures detailed in 2 CPR §200.343, including the I'ollowing: (1) SUBRECIPIE'NI' must submit, no titer than ninety (90) calendar days after the cad date of the period of peNlormanew all financial, performance, and other• reports as requited by Ow tarns and conditions orthis Agreement; (2) SUBREC'IPIEN'T nest promptly refund any balances of unobligated cash thal to CITY paid in advance or paid and that is not authorized to be retained by SUBRECIPIENT for use in other projects (See OMB Circular Ad 29 and 2 CPR §200.hhy and, (3) CITY should complete all closeout actions for the Federal award no later than ono you" alter receipt and acceptance orall required final reports. R. SUBRECIPIEN'T'S OBl iCATIONS A. IZeprescmatio—Its and Warr<uuios. (1)Authority. St BRECIPIENT is a duly organized and existing noopr•otit corporation in good standing and authorized to do business under the laws of the State or Calirbrnia. SUBRI CIPIENT has It'll right, power and Iawlul authority to accept the funding hereUnder and to Undertake all obligations as provided herein and the execution, perlbrmance and delivery of this Aareemcm by SUBRECIPIENT has been lolly authorized by all requisite actions on the Part of SUBRECPIE.NT. (2) Experience. SUBRECIPIENT is qualified toprovide [lie adininisn•atorservices Ibr said program detailed herein. (3) Fariiliarit�)' With Services Required. By executing this Agreement, SUBRECIPIENT warrants that: (i) it has thoroughly investigated and considered [lie administrator services to he perlormed and provided for said prograot as detailed in Exhibit A; (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. (41) No Conflict. To the best of SUBRECIPIENT'S knowledge, SUBRECIPIENT'S execution, delivery and pert'ormaticc 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. (5) No 13nnkrupiev. SUBRECIPIENT is not the subjecl oi' any current or threatened bankruptcy proceeding. (6) No ]'ending Legal Proceedings SUBRECIPIENT is not the subject of a current or threatened litigation Chat would or may materially affect SUBRECIPIENT'S performance under this Agreement. (7) Proposal Veracity. All provisions of and reformation provided in SUBRECIP11iNT's management ptnposal submitted to CITY, including tiny exhibits, are true and correct in all material respects. (S) 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 antliority, which would relate to or affect performance of the Agreement or provision of services hereunder. B. T tccnsint;, SUBRECIPIENT agrees to obtain and maintain all required licenses, registrations accreditation and inspections from all agencies governing its operations. SUBRECIPIENT shall ensure that its stall shall also obtain and maintain all required licenses, registrations accreditation and inspections front all agencies governing; SUBRECIPIENT's operations hereUiRlei'. Such licensing requirements include obtaining a City business license, as applicable. C. Zonins9. SUBRECIPIENT agrees that airy TitciIity/Property Used in flutherance oI'said program shall be specifically zoned and pet•mitted Ear such Use(s) and activities. ShoUld SUBRECIPIENT fail to have the required land entitlement and!orpermits, thus violating any local, stateor['ederalrules Laid regulationsrelating thereto,SUBREC'IPIE l'shallimmediatelymakegood- laith cftbrts to gain compliance with local, state or federal rules and teguhttions following written notification of said violation(s) front the C'ITS' or other authorized citing agency, SUBRECIPIENT shall notify CITY iauo diately of arty pending violations. Failure to notify CITY of' pending violations, or to remedy such known violation(s) shall result in termination of grunt landing hereunder. SUBRECIPIENT must make all corrections required to bring the facility/property into 6 compliance with the law within sixty (60) days of notification of the violation(s): Ihiltu'e to gain compliance uvithiit sash time shall result in termination of grant funding liercunder, D. SeMatioltiofAccotrnts. All fwulsreceived bySUBRECIPIENTfromCITYpursuant. to this Agreement shall be nwintainul in an account in a federally insured Why or savings and lout institution with record keeping or such accounts maintained pursuant to applicable 2 CPR 20R302 rcquiruments. SUBRECIPIENT is not required to maintain separate depository accounts tin' CARES Act Funds, provided However, the SUBRECIPIENT must be able to account Ibr reccipt, obligatiota, distribution and cxperulitum of CARES Act Funds pwmmm to applicable 2 CFR 200,302 requiremenls. E. tlutJit IZcpg�i Rcquitrciucnts. SUBRECIPIENT agrecs that if SUBRECIPIENT expends Seven [lunched Fifty Thousand Dollars ($750,000) or more in lexlerat fiords, SUBRECIPIENT shall have an annual audit conducted by a certiNd public accountant in accordance wilt the standards as set thrth and published by the United States Office orNlanagemenl and Budget. SUBRECIPII NT shall provide CrrY with a copy of said audit by April I of the year Wowing the program year in which this Agreement is executed. F. Ccm?yl_ilticc withLawlProerana Incn111e. SUBRECIPIENT acknowledges that the Raids being provided by CITY ror said program are received by CITY pursuant to the CARIES Act, as amended, and that distribution and cxpcnditure of these CARES Act Funds shall be in accordance Nvith the CARES Act aid all pertinent regulations issued by agencies of the federal governmeil, including not limited to, all legUlations ('ound atTide24oftheCode orNoleral Regulations. Any program income received by SUBRECIPIENT MmU be returned to CITY, unless otherwise provided for in this Agreement. SUBRECIPIENT agrees to comply fully with all federal, state and local Laws and courtordoN applicable to itsopumaon and adminisumiion ofsaid prograit, w•hethcror not referred to in this Agreement. U Dcbarll ent. 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 Orcler 12549, "Debarment and Suspension". See also 24 CFR 570.609. SUBRECIPIENT must review and sign Exhibit D "Debarment", which is attached I101-el0 aid incorporated herein by this reference. SUBRECIPIENT shall be in good standing, without suspension by the California Secretary of State, Franchise'fax Board or Internal Revenue Service. Any change in the corporate status or suspeisio❑ orSUBRECIPIENTshalt be reported immediately to CITY. 1-I. Con fidcntiality. Without prejudice to ally other provisions of this Agreement, SUBRECIPIENT shall, %here applicable, maintain the confidential ❑ pure of'inlormation provided to it concerning participants in accordance with the requirenncnts of federal and state law. Plowever, SUBRECIPIENT shall submit to OTY or its representatives, all records requested, including audit, exanninations, monitoring and verifications of reports subonitted by SUBRECIPIENT, costs iucurrcdl and seviccs rendered hereunder. 1. IndcpcndentContract r. SUBRE.CIIll ENTagrecsthat (tic performalice ofobligations hereunder is rendered ur its capacity as an independent contractor and that it is in no wily an agent of CITY. .1. violatim—OU OTS andCoriditionti. SUBRE.CIPIENTagrees that if'SUBRECIPIENT Violates ally of (lie terms and conditions of this Agreement or any prior Agreement whereby CAIZ17S Act funds were received by SUBRI=CIPIENf, or if SUBRECIPIENT reports inaccurately, or i1'on audit there is a disallowance of certain expenditures, SUBRECIPIENT agrees to remedy the acts or omissiotls causing the disallowance and repay CITY all amounts spent in violation thereof: if SUBRECtill ENI engaged in I}audulcnt activity to obtain and/orjustify distribution or expenditure of the CARES Act Foods granted hereuiuler, SUBRECIPIENT shall be required to reimburse the CITY of all such (finds that were obtained, distributed and/or spent under fraudulent circumstances. K. Prou . SUBRECIPIENT shall immediately report all suspected or known instances and Rrcts concerning possible fraud. abuse or criminal activity related to said program for the CARES Act Euncls Under this Agreement. L. Prohibited Use. SUBRECIPIENT hareby certifies iandl agrees that it will not use CARES Act funds prov ideal tlunugh this Agreoniont to pay for entertainnlont, meals or gills, or other prohibited uses. M. Lot) ilig. SUBRECIPIENT certifies that it will connply with federal law (31 U.S.C. 1352) and rcgtdations fb and at 241 CTR Part 87, which provide the no appropriated funds may be expcuded by the recipient of a federal cone fret, grant, loan or cooperative agrecnneut to pay ally person I'or influencing or attempting to influence an oft 1ceror employee ofany agency, Member of C'otgress, or an ofliccr or employee of a Member of Congress in connection with awarding of any federal contract, the making ot'any lacleral grant or loan, entering into any cooperative agreemcnt and the extension, renewal, amendment or modification of any fodleral contract, grail, loan or cooperative agreement. SUBRECIP11-NI'shall sign n certification to that effect in a form as set forth in Exhibit E 7ttaclicd licreto and by this rcicrcncc incorporated liercin. SUBRECIPIENT shall submit said si��n dl certification to C 11 Y prior to perfo mine any oC rn obligations under Ibis Agreement and prior to any obligation arising on the Part of CITY to pay any sums to SUBRECIPIENT under the terms and conditions ol'this Agreement. If any funds oihcr than Fedeal appropriated funds have been paid or will be paid( to any person [or influencing or attcmPtim- to intluencc an officer or employee ol'anv agency, a Member of COng"ress, an oflicer or employee of Congress, or an employee of a Member of Congress ill Connection with this Federal contract, grant, loan, or coopeatke agreement, the undersigned sball ennplete and submit n -Disclosure Form to Report lobbying;' in accordance with its instructions (F,xhibil E). N. Pintinciatl htteresl, SUBRECIPIENT ugrecs that except Ibr the use of administrative fees to pay salaries and other related adn inisu•adve or personnel costs, no persons who exercise or have exercised any function will'respeet to administering said program under (he terms of' this Agrcemcnt, or who are in a position to participate in a decision -malting process or gain inside inftxmation with regard to the adn'inisu•ation of said program, may obtain a financial interest or be"cllt from said pragran, either fie• thcn'sel'ros rn' those with whom they have family or business ties, during (heir tenure or for ono year thereafter. '['his prohibition applies to any person who is an employe agent, consultant olliccr, or elected or appointed official of CITY, or of any designated public agency, or the SUBRECIPIENT. R Labor Standards. The SUSREC'IPIEN f agrees to comply will, the requirements of the Secretary of Labor in accordance with the Davis -Bacon Act as amended, The provisions of Contract Work Hours art([ Safely standards Act (40 U.S.C. 327 ct seq.) and all other applicable Federal, state acid local laws and regulations pertaining to labor standards iusofttr 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 ct sell.) and its implementing regulations of the tI.S. Department of Labor at 20 C'FR Part 5. The SUBRLCPIENT shall ruaintain documentation that demonstrates eompha"ce with hour and wage requirements of this part. Such documentation shall be made available to the CITY for review upon request. P. Lust En'nlova'ent Opporlunities. SUBRFCIPMNT shalt make every effort to ensure that all MAIN funded wholly or in part by CARES Act Funds shall provide equal employment opportunities RV minorities and woman. Q. Women ant, Minarity�Qwnotl 13usincsses \N/Nlt SUBRI C'MENT will use its best efforts w afford small businesses, minority business enterprises, and women's business entelidscs the maxi"'an' practicahle opporumity let participate in the perforn'ancc of this Agrcemcnt in accordance with the rcquircmems of 2 CFR 200.321 "Contracting with small a"tl minority businesses, won'en's business enterprises, and labor surplus area firms". As used in this Agreement, the term "small business" "'cans it business that "'cots Ilia criteria set forth in section 30) of the S"'al I Business Act, as an'etticd (15 [f.S.C. 632b and "n'inority antl evonren's business enterprise" means it business at [cut nRY-one percenl (5151) owned and controlled by minority group tnenil'cts or women. For the purpose or this dotinWon, "minori(y group members" are African-An'ericans, Spanish-speaking, Spanish surnamed or Spanish -heritage Americans, Asfan- Americans, and American Indians. SUBRECIPIENT may rely o" written representations by businesses regarding their stales as minority and I nnale business enterprises in in of all independent investigation. R. Dru❑ I rec Workplaru. Sf1BRliCIPIENTagrcas to provide adrug-froe'uorlq'ilacc and to cxeeute a certification as set Ibrlh in Shia» t F awelial hereto and incorporated herein by this reference. S. Unilirrnt Administrative Requiremcmts, Cps- Princi tics. and Audit Reguircments for Federal AwauW The Iollowing requirements and standards must be cornplicd wilt: 2 CFR Part 200 et al. SUBRECIPIENT shall procure all materials, property, or services in accordance With the rcquironlants of 2 CFR 200.318-326. Crrrs OBLIGATIONS A. Audit of Account. CITY shall include an audit of the accotml maintained by SUBREC'IPIENT in CITY, amm ofall CARES Act Funds in accordance with "title 24 of the Code of Federal Regulations and other applicable federal laws aril regulations. B. CortPnon Rtde; Pursuant to 2 CFR 200.328(o, the CITY 111,91111908 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. Stich monitoring covers each program, lunelion and activity and performance goals are reviewed periodically. C. Pro'act 1 edtectauons; CITY shall monitor the perfrnnn'urce of 5t113Rt:CIPIEN1' against goals and pe lormance standards required herein. The SUBRECIPIEN I shall be responsible to accomplish the project expectations as set forth in Exhibit A, and report such rosults to the CITY. II'the SUBRECIPIENT estimates such goads will not be met, the SUBRECH IENT is to contact [lie CITY, at which time the CITY will determine if tiny adjustments to the grant award is appropriale. Substandard performance as determined by the CITY will constitute non- compliance with this Agreement. Should We CITY determine that the SUBRECIPIENT has not performed its obligations as stated in this contract in a satisfactory manmer, or if the CITY determines [hilt instdicima supporting Ahnnation has been submitted, the CITY shall notify the SUBRECIPIENT in writing of its determination speeifying in fall detail the objections that it has to the SUBRECIPlurrs perfonnanee. if action to correct such submumk rd performance is not taken by the SUBRECIPIENT after behig noticed by the CITY, within a reasonable period of time as stipulated in the written notification, contract suspension or termination procedures will be initiated. IV. GIIVEA2AL PROVISIONS A. Non-DiscrintinatirnI. L SUBRECIPIENT agrees to comply with Executive Order 11246, which requires that during the performance of this A,lgreement, SUBRECIPIENT agrccs not to discriminate against any entploycc 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, nperading, demotion, or translur, rates of pay or other limns of compensation. and selaction for training, including apprenticeship. SUBREC'IPIENT agrees to post in conspicuous places, nvAirlble to employees and applicants till' employment, notices to be provided by the SUBRECIPIENT settimg linth the procisdoos ()"this noodiscriutinatunt clause. t0 2. 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 Pro paneipation in, bo denied thcbenefits of; or bc.subject to discrimination undcrany program ofactivity receiving federal Iinancial assistance. 3. No person shall, on the grounds ormcc, sea, creed, color, religion, marital status, national origin, age, sexual orientation, or physical or ntaval handicap be excluded film, participation in, be refused the benefits of, or othemOse be subject to discrimination in any activities, programs or employment supported by this Agrcomau. SUBRECIPIENT is prohibited Ilrotn discrimination oil the basis of age or with respect to tut otherwise qualified handieapped person as Provided for under Section l o9 of the dousing and Community Development. Act of 1974, as amended. A SUBRECIPIENT agrees w comply with the Age Discritrihiation Act of 1975, Which rccltmcs that during the Performance of' this Agrecnient SUBRECIPIENT agrees not to dhsa inthate against any employee or applicant for em,ployrnau because of age- Such action sha11 include, but not be limited to the following: emPloyntent upgrading, demotion, or transfer, rates of pay or other Inns of conipens don, and scleehon for haining, including apprenticeship. SUBRECIPIENT agrees to post in conspicuous places, available Io employees and applicants for employment, notices to be provided by the SUBRECIPIENT setting forth the provisions oFthis age discrimination clause:. 5. SUBRECIPIENT agrees to comply with Section 504 orthe Rehabilitation Act of 1971 which recluires that no other -vise qualified individual with a disability in the United States, shalt, solely by reason of his or her disability, be excluded from the participation in, be denied the benefits 01; 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. 13. Cot lfict of Interest. Pursuant to the conflict of interest raluiranalts set forth in 24 CPR 570.611 and 2 CPR 200.112, SUBRECIPIENT certifies that no member, officer, employee, agent or assignee of clTY having direct or indirect control orally CARES Act Funds granted to the CITI', inclusive of the subject CARES Act WE shall serve as an officer of SUBI " llI IEN'T. Punha. any conflict or potential conflict ofinteresi orally officer ofSUBRECIPIENT shall be fully disclosed in writing prior to the execution of ibis Agreement and said dwrithg shall be attached land cicemed fully incorporated as a part havol. Notice shall be sent by SUBRECIPIENT to CITY rcgnrdhna any changes or modifications to its board of directors and list ofofficers. C. S x:cial Certifier lidln_Ior Religious Entities. IC. L RECIPIENT is a religious entity, SUBRECIPIENT hereby agrees that in connection with the provision of we services SUBRECIPIENT shall provide with CARES Act Funds, in accordance der ith 24 CFR 570.NHy): 1. SUBREMENT shall mm disa•irrihme aguimt any anployee or applicant Ir employmett on the basis orreligion andshall not limit employment or givcprelerence in employment to persons on the basis of religion. 2. SUBREC'IPIENT shall not dliscrinainatc against any person applying for the services SUBRECIPIEN'f agrees to providle under the (cans <>tthis Agreement on the basis of religion and shall not limit such services or give preference to applicants for such services of the basis of religion. 3. SUBRBCIPII NT 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 or the services in said program. The parties agree that this covenant is intended to and shall be consulted for the limited purpose ofassuring compliance with respect to the use of CITY finds by SUBRBCIP,II3NT with applicable constitutional limitations respecting the establishment of, religion as set forth in (Ile establishment clause under the First Amendment of the United States Constitution and Article I, Section 4 of tlic California Constitution, and is not in any manner intended to restrict other activities of SUBRf CIP1ENT'. 4, The portion of a, facility used to provide public services assisted in whole or in part under this Agreement shall contain no sectarian orreligious symbols. 5. Where the services to be, provided under said program are rendered oil property owned by the primarily religious entity SUBI2ECI11IENT, CARES Act Funds may also be used for minor repairs to such property, which fire directly related to the cost of rendering the services wider said program, where (lie cost constitutes in dollar terms only din incidental portion of the CARES Act expenditure for rendering the services trader said program. D. Prohibition ofNc)otisni. SUBRECIPIEN'r agrees not to hire or permit the hiring of any person to fill a position funded through this Agreement if a nimnber of that person's inmiediate fiamily is employed in an administ"Wive capacity by SUBRECIPIENT. For the purpases of' this section, the term "itnmccliatc trendy" means spouse, child, mother, tither, brother, sister, brother-in- law, sister-m-law, tauter -in-law, molter-illI au son-in-law, daughter-in-law, aunt, uncle, oieco, n phdtv,stepparentandstepchild. The term old Ill inist•ativecapacity" meanshavifig select ion,hirill sulwrvisor or management responsibilities. E. Notices. Notices to the parties shall, unless otherwise requested in writing, be sent by U.S. Mail, postage prepaid. and addressecl as follows: TO CITY: City of Santa Ana Steven Mendoza F_xecutivc Director Community Developincnt Agency 20 Civic Center Plaza P.O. Box t9SS Santa Ana, California 92702.-19Ss TO SUBRECIPIENT: The Salvation Army 10200 Pioneer Itoadl Tustin, CA 92752 TCI: (714) 210-6029 12 P. Assi ,ntf- b'Ility,. None of the duties of, or work to be Performed by, SUBRECIPIlNf under this Agreement shall bo subcontracted or assigned to any agency, consultant, or person without the prior "AUen consent of CITY. SUBRIiCIPIENI' must submit all sub mArrims 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. C. l,clenulilicauion.,I-Iold Harmless. SUBRI C HM ENT shall indemnify, defend and Save harmless CITY, its oincait employees, agmus, representatives find volunteers from and against any, and all damages to or for loss of use of property and IS injuries to or death of any person or persons, including properly and employees or agents orcITY, and shall defend, indemnify and save harmless Cfl`Y, its oflicers, employees, agents, representatives and volunteers [roll, and against any and all claims, demands, sails, 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 {wising out of the negligent or wrongtid acts, errors or omissions Of' SUBRECIPIENT, its officers, directors, cmployees, agents, subcontractors and supplicrsarising out ofSUBRECIPIENf's performance of this Agreement. EL Nstu'ance. I. Commercial General Liability. SUBRECIPIENT agrees to obtain and keep in torce during the tern, of ties Agreement a pokey ofcomprehensive commercial public liability insurance insuring the CITY, and SUBREC'IPIENT against any liability for accident, injury or death arising out ol'or in consequence oFdds Agreement. Such insurance shall be in an amount not less than One Million Dollars ($1,000,OOO.00) fill, 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) clays written notice prior to cancellation; Willie CITY, its officers, agents, employees, and volunteers, additional insured; and state that such coverage is primary to" nY other coverage or self insurance and CITY. Governntcntaf entities play provide praof of`self-insurance. (a) Such insurance shall: (I) name the City of Santa Ana, its oflicers, agents, representatives, employees and volunteers as additional insureds (2) tie priivary with respect to insurance or self-insurance programs maintained by the CITY; (3) contain standard separation of insurccl's provisions; and (4) give to CffY prompt and timely notice of claim made or At instituted arising out of SUBREC'IPIENT! operations hereunder. (b) SUBREMIENf shall: (1) prior to exercising any right under this Agreement, 1Lrnist, prol erly eseeuted wynemes of insurance and additiomd insured endorsement to the CffY 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 notiec to the CITY; (3) maintain such insurance for the period covered by this Agreement; and (4) replace such uertilicates till, policies expiring prior to the expiration of this Agreement. (i) Certificates shall list the City as a Certilicate lIOlder' as follows: 13 City of Santa Ana Risk Vlanagentent Division 20 Civic Center Plaza, 411) Floor Santa Ana, CA 92701 2. Automobile Liability Coverage. SUBRGCIPIBN"1' shall also obtain and maintain, during the eIfective period orthis Agreement, broad Ibrm automobile liability coverage With a $1,000,000 limit unless reduced by CITY, which applies to bout ownccl/leased anel ❑on - owned automobiles used by SUBRECIPIENT employees or participants in perrorntance of' this Agreement, or, it the event that SUBRECIPIENT will not utilize such owned/leased automobiles but intends to require entpleyees, participants or outer agents to utilize lhcir 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. CioVernrnentaI entities may provide prool'of sell' -insurance. 3. Workers' Compensation. II'SUBRECIPIENT is an "employer", as set forth in California Labor Code Section 3300 et socl , or utilizes participants us "employees," as set forth in California Labor Code Section 3350 of seq., SUBRECIPIENT shall obtain and keep it force during the term of this Agrecmcnt 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. Proof or Insurance. Certificates and endorsements must be submitted and approved by CITY prior to any work under this Agreement. SUBRECIPIENT understands that CITY will snake no payments under this Agreement until the required certificates and endorsements have been approved by CITY. Termination. 1. This Agreement may be terminated on thirty (30) days' written notice by either party. In tile, event ofsuch termination, SUBRECIPIENT shall only be entitle(( to rcin-Ihuu'sen'tent for approved expenses incurred to the effective date of`terntination. 2. This Agreement may be Suspended or terminated by CITY upon live (5) clays' written notice for violation by SUBRECIPII NT of Federal Laws governing the use of CARES Act Fonds, In the event of such suspension or termination, SUBRECIPIENTshall only be entitled to reimbursement for approved expenses incurred up to the effective (late ofsuspension or termination. 3. Pursuant to 2 (TR 200.340, in the event SUBREC•IPIFNT defaults by failing to fullill all or any of its obligatiouS hereunder, CITY may declare a default and termination or this Agreement by written notice to SUBRECIPIENf, which default and termination shall be effective on a date stated in the notice which is to be not less than tell (I()) days after certified mailing or personal service of such notice, untcss such default is cured belbre the effective date of termination stated in such notice. 11' terminated Ior cause, CITY shall be relieved of further liability or responsibility under this Agrecntert, or as a result of the termination thereof, including the payment of money, except for payment &rr approved expenses incurred for services satisfactorily and timely 14 performed prior to the mailing or service ol'the notice of termination, and except for r'Clmbnl:SClnenl of'. (I) any payments made for scrviccs not Subsaµtontly perl'ormed in a timely and salislaclory manner; and, (2) costs incurred by CITY in obtaining SUb.Stittne perfornrnco. 'I. The grant or funds under this Agreement may be terminated for convenience by either the CITY or SUBRECIPIENT, in whole or in part, by setting lorlh the reasons ('or such termination, the erlecdve date, and, in the case of portion termination, their portion to be terminated. Ilowever, if in the case Ora partial termination, the CITY determines that the remainiltg portion of the award will not accomplish the purpose for which the award was made, the CITY may terminate the award in its entirety. 5. The grant of funds roofer this Agreement may be terminated clue to the non- performance of SUBRECIPIENT and/or failure ol'SUBRECIPENT to perl"orm file work described in Exhibil A or failure to meet the project expectations set firth in Exhibit A. 6. The grant orlunds under this Agreement may be terminated due to the failure of (lie CITY to receive sufficient or anticipated funding for the CARES Act program for any term subject to this Agreement. 7. In (he event this Agreement is terminated as sc( forth in subparagraphs III) through 1(6), inclusive, SUBREC'IPIENI' agrees to immediately return to CITY upOn CITY's (lemand and prior Wally adjudieaiiou of'SUBRECIMENT's rights, any and all (111Rd9 not used, and to comply with the Revorsion of Assets requirements in this Agreement. J. Lilloitation or Funds. The United States of America may in the future place programmatic or fiscal limitations on tileuseofCARES Act finds, which limitations are not presently anticipated. Accordingly, CITY reserves (Ile right to revise this Agreement in order to lake account of actions affecting CARES Act program finding. In the event orrunding reduction, CITY may, iu its sole and absolute discretion, reduce the budget of fills Agreement, may limit lire rate of SUBRECIPIEMT's authority to dlSbtrrffi1 funds, or may restrict SUBRI CIPIENT'S use of uncommitted funds. Where CITY has been directed to implement a reduction in funding, with respect to landing IN- this Agreement, C1TY's City Manager or delegate is authorized to act for CITY in implementing and erl'ectin" such at reduction and in revising, modifying, or amending the Agreeutent for such purposes. II'such a reduction in funding occurs, SUBRECIPIEN'I'shall be permitted to de - scope accordingly. Where CITY has reasonable grounds to (IMstion SUBRECIPIENT's fiscal accountability or compliance with this Agreement, CITY may suspend the operation or this Agreement for up to sixty (60) days upon five (5) days written notice to SUBRECIPIENT of its intention to So am pending all audit or other resolution orsuch questions. In no event, however, shall any revisions made by CITY affect cspcnditures and legally binding commitments nude by SUBRECIPIF.NI bdore it reccivu(I notice orsuch revision, provided that such amounts have been conuniacd in good froth and are otherwise allowable and that such conuninnents are consistent with CARES Act Funds withdrawal gui(lelines. K. F-,,xclusivity and Amendment or rcement. This Agreement supersedes any an(I all Oil agreements. either oral or in w riling, between the parties hereto with respec(to the use orCl Y's CARES Act finds by SUBRECIPIENT at'(' contains all the covenarns and agreements bcavecn lire 15 parties with respect to SUBRECIIII ILNT's administration of said program. Bach party to this Agreement acknowledges that n( rcprosent<ttions, inducements, prtxnises or agNet lie tits. orally or otherwise, have been made by ally party, or anyone acting on behalf of any party, which arc not embodied liercin, and that no other agreement oramendtneat hereto shall be cClectivc unless eXCCLIICd in writing and signed by both CITY and SUBREC'IPIIHN"1' L,, Laws Governing this Agreement. This Agreement shall be governed by and construed in accordance with (lie laws of Ube State ol'Calilia'nia, and all applicable [edornl laws and regulations. M. Validit�tl Seyerahility. '['he invalidity in whole or in part ol'any provision orthis Agrcemcut shall not void or arfcet the validity (Pally other provision of this Agreement, Whenever Possible, each provision or this AGREEMEM' shall be interpreted in such manner as to be el'fcctivc anCI valid under applicable law, but Wally provision or this AGRELMENI' is held to be prohibited by or invalid under applicable law, such provision shall be inellective only to the extent of'such prohibition or invalidity, without invalidating the remainder or such provisions of this AGREEMENT. N. Waiver. No delay or omission by either party hereto to exercise any right or power accruing upon any noncompliance or delimit by the other party with respect to any ofI(lie terms of this Agreement shall impair any such right or power or be construed to he a waiver thereof. A. waiver by either of the parties hereto of any oI' the covenants, conditions, or agreements to be pt:rteroned by the other shall nol be construed to be a waiver orally succeeding breach lhereot'or of any other covenant, condition or agreement herein eootainecl. O. Federal Award Identification Infihrmalinn. SL)BIZt CIP1ENT's pertinent Federal Award Identification Inrorrllation, including DUNS Number and Federal Award Identification Number (PAIN), as well as the applicable inlbrnnation for tlhe CARES Act Coronavirtts Rolior Programs, are included in ENhibft (:' attached hereto and incorporated herein by this reference. Miscellaneous Provisions. 1. Ellett undersigned represcnts and warrants that its signature herein below has the power, authority anti right to bind their respective parties to cacti of the terms of'Ihis Agreement, and shall indemnify CITY fully, including reasonable costs and attorncy's fees, for any injuries or damages to CITY in the event that such authority or power is lot, in fact, held by the signatory or is withdrawn. 3. All Exhibits and Attachmcots rctcrcnced herein and attached Ihercto shall be incorporated as Wittily set forth in the body ol'tihis Agreement. 3. This Agreement aunt be signed below and may he sigrwd in counterpart and delivered by fax. email as a PDF (Portable Document Format) file attachment, or by other means that displays tlhe original or a copy of the signatures. Any subsetlucnt amendments may be signed and delivered in the same manner. 16 A-2020-085-08 IN WI I'NESS WHERI;t )P. the p;tnies hereto hate executed Ihi, Agreement a, ol'tile la<t date and year m itteu below. ATI EST: DAISY GOME- Clerk of the C ncrl APPROVED AS TO PORN: SONIA R. C'ARVALI10 C'it Att me By: Ri' , V , fl(DDt E Assktnnt' itv NOotnev RECONINIENDED I'ORAPPROVAL: STEN'EN NIENDOL:1 Executive Director C�nunumilyDevelopnteut \,-,_nc� CI FY OP SAM A ANA KRI"EiF City Manager SIBRECIPIENT: Name nc -�i �oUD The Salvatiou Army I'or its Califontia South Division Title_ TRGc- , Ageucv Tax ID 4 9-1-1 1563-17 Division Dims # 074629460 SIBRECIPIENT: Captain Nesan Kistan Ilse Salvation.Atmy Divisional Settetatl Otause C'ouuty Agencv Tax ID�94-11i63.17 Onutge C'otmty DUNS i' 969197714 1"AMBITA SCOPE OIL t'4'ORK Santa Ana CARES for Tenants Scope of Work Name o(Organvation The Salvation Army Nam of Funded Program Santa Ana CARES for 7onan(s I'ro<rJ im Annual Accomplishmont Goal Undu lioatod Partiripanta anticipated to be served dur{nn the sehoduled performance Period. 270 TOTAL 2%0 Santa Fvri PaYtIClPa hiS 270 Low Income ParOcipants 100 SchedUlo of Porformance (estimated) Month 1: OCT I- OCT 31 Month 2: NOV I - NOV 30 Month 3: DEC 1 - DEC30 UndupUcated Participants _ �0 90 _ 00 0 0 o --- o l_. 2701 Program and Funding Description is Estimated This assistance Is Intended to be an emergency grant that Is Issued to pay rent In response to solving an unexpected crisis. Families facial; a financial crisis because of COVID-19 are eligible for $3,000In rental relief payable to their landlord on their behalf. Eligibility Criteria: Santa Ana residents unable to pay rent due to hnpacts related to Coronavirus Disease 2019 (COVID-19) Flauseholds at or below 80%AMI (see 2020 HUD Income Limits) Households that are, behind and/or on a payment plan clue to Coronavirus Disease 2019 (COVID-19) Program Details: This program will be advertised by the City of Santa Ana via Nixie, on the City website, via social media and via direct amail(s) Residents will apply online via a Zink On the City of Santa website. Two local nonprofits are avallable to assist In completing the application process, If needed. Once the applications is submitted, all applications will be lotterized and selected applications will be assigned to One Of the following nonprofits to check eligibility, contact and receive documents from the lanrilbrd. The nonprofit agency will submit perlodic invoices with backaup documentation (canceled rant checks) for reifnbursement and reports will be Provided through the application software. State CARES Act funding will be used for rent payments directly to landlords on behalf of Santa Ana residents and Indirect expenses.. 'file CARES for Tenants Program was originally8aunched to May 2020 using federal Community Development Block Grant - Coronavirus (CDBG-CV) funds to provide $1,500 in rental relief per household. In October 2020, the City revised the Program Guidelines to increase the amount of assistance per household from $1,500 to $3,000 to more effectively address the needs of families facing a financial crisis. The two local nonprofits are responsible to ensure that the families who originally received only $1,500from May 2020 to September 2020 are racerH(icel. to receive an additional $1,500 In rental relief. As such, every family under the CARES for Tenants Program would receive $3,000 per household,including those Eamliies that were already assisted. 19 EXH1131-1-13 Compensation/Pad nient FISCAL YEAR 2020-2021 PROGRAM BUDGET Organization Name The Salvation Army Program Name Santa Ana CARES for Tenants Program Compensation/Payment Enter budget categories and projected expenditures for the n,nn .,[ .. Expenditures -- _-_ r....b... Funded By Expenditures Total Santa Ana Funded By Program Organization Category CARES Act Other Sources Budget Budget Program/Administrative Staff Salaries $81,081 $81,081 $ 81,081 $0 $ $0 $ - $0 $ $0 $ Direct Rent Payments to Landlords $810,811 $ - $810,811 $ 810,811 Indirect Costs 10% -------__. 8,1 $ 08 ------- SO -- $8,108 $-- TOTAL BUDGET $9001000 $0 $900,000 _8,108 $900,000 Indirect cost rate: 10% Non -Federal entity without federally recognized negotiated indirect cost rate, will charge a de mimmis rate of 10% of modified total direct costs. PROGRAM RESOURCES LIST ALL OTHER PROGRAM RESOURCES FOR 2020-2021 Funding Source Total must equal Program Budget Total listed above FUNDING SOURCE AMOUNT Santa Ana CARES Act S 900,000 Foundation Grants S Other Federal Fundin Individual Donations TOTAL 900,000 '0 EXI IIISIT C FEDERAL AWARD IDENTIFICATION INFORMATION ATIACIILINI N"1'C FE'DERAI., AWARD IDEN°11FICATION INFORMATION The Gencral Yrol;rant Requirements wore elesigned to provide the framework where the CONTRACTOR will provide CARES Act Cbronavirus Relief Programs identified ill this attachment. GOVERNANCE The CONTRACTOR agrees to comply, renutiu inf'orole(l, and deliver services consistent with the provisions Ol'the CnrOtlaVlnts Aid, Relict; and Economic Security Act ("CARES Act") Section 5001 under the Social Security Act Section 601(a). Where local policy has not been set,'Tlre CONTRACTOR agrees to adlicre to state and/or federal policy, as appropriate. 11. GOVERNANCE REFEREN'CER A. Additional state and federal agcucies that provide funding to the CITY may be incorporated herein. 13. Inrorniation Bulletins, Directives, Luut Lilly ()tiler federal zuid state guidallCe documents pertaining to the CARES Act Coronavirus Relief Funds. C. Actions, directives, and poliey and procedures issued by [lie CITY. D. CITY policies, as applicable. III. CONTRACTORISU612I'CIPIFN'I' DETERNIINATION: In accordance With the rcquircmcuts of 2 CFR 200,330 (Subrecipient and CONTRACTOR determina(ion) and Ibr tine purpose of this CONTRACT, Managed Care SOIL10011S Services Corporation is determined to be a CONTRACTOR. 21 IV. FEDERAL ANVARD IDF.NIIFIC'ATION FAIN INFORAIATION — -- h RACI'OR Nanle The Salvation :11iuy - - 13. CONTRACTOR'S Unique Identifier (D-I I-N-S): 96g19771a Federal Award C. Identification `'umber fI-20-MAV-06-0508 (FAIN): D. Federal Award Date: 04 212020 E.Performance: Subaward Period of October 1. 2020 - Deceutber 30, 2020 Total Amount of Federal F. Funds Obligated bti the ` $900.000 .action: Total AruotultofFedera] G. Funds Obligated to the $900,000 CONTRACTOR - if. Total Amount of the '8.000.000 Federal Award: 1. Federal Award Project CARES Act C'orouavirus Relief Fund for State Territorial Description: Local and Tribal Goy e ment, J. Federal Awarding Agency IJ.S. Department of the I jeasurN' K Name of PTE: State of Califo mia 1'. Contact Infonualion liq the Awarding Official Kristine Ridge. City Manager Phone Number 171-1) 6 l %->20O F-mall Address: l lILIUI'![ SaWa-a11a.(IILI N1. (-FDA Ntuuber 21 019 CFDA Name CARES Act Colouaxnu, Relief Fluid for Stale Tenitorial Local and 1 rlbal Go%elfull ilk N. Whelher Award i, R&D N„ Indirect Co,t Rate t;n the C)' Federal Award: ,1 EXHIBIT D DEBARMENT ATTACHENINT D DEBARMENT CERTIFICATION Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions This certification is required by the regulations implementing Executive Order 125=49. Debarment and Suspension, 29 CFR Part 95, Section 98.510, Participants responsibilities. The regulations were published as Part VII of the May 26, 1958 Federal Register (pages 19160-19211). (BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS FOR CERTIFICATION - Attached) (1) The prospective recipient of lederal assistance funds certifies. by submission of this proposal, that neither it nor its principals are presently debarred. suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. (2) Where the prospectivc recipient of tderal assistance funds is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. DOUGLAS TOLLERUD Name and Title of Authorized Representative Signature Date 2; NOV 1 ^^"'�, INSTRUCTIONS FOR CERTIFICATION ICATION By signing and Sit but itting Ibis proposal, Ilse prospective recipient of federal assistemee fonds Is prtwidog the ecrtitication as set out below. 2. The ect•tification in this clause is a material representation of fact upon which reliance was placed when this wnstimbn was entered into. It' it is later determined that the prospective recipient of fcdcral assistance funds knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Govenunenl, the Department or Labor (DOW miry pursue available rctnedics, including suspension and/or debarnnem. 3. The prospective recipient of federal assistance funds shall Provide immediate written notice to the person to which Ihis ProPosal is submitted drat any time the prospective recipient of NOW asMstanee funds learns that its certification was erroneous when submitted or has become erroneous by rottsou ofchangcd circumstances. 41,. The tot -ills "covered nansadbril "debarred," "suspended," "ineligible," °lower Hur Coveted " "person," "principal,,, u ,, transaction," "participant," person, "primary covered transaction,"ln•incipal, proposal, and "voluntarily excluded' as used in this clause, have the nl anings sc t out in tine Definitions and Coverage sections or rules inlplennenting Executive Order 12549, You jury contact the person to which this proposal is submitted for assistance in obtaining a copy or those regulations. 5. The prospective recipient of l deral assistance flntds agrees by subnutting this proposal that, should the proposed covered transaction be entered rule, it shall not knowingly cnw mo any lower tier covered transaction with it person who is debarred, suspended, declared ineligible, or vohmtarily excluded from participation in this covered LPanSaCtinn, unless authorized by the DOL. G. The prospective recipiern or federal assistance funds Ruttier agrees by subIAR ng this proposal that it will include the clause tidal "Certification Regarding Dubarunernt, Suspension, Ineligibility and voluntary exclusion - Lower Tier Covered Transaetioils," without modification, in all lower tier covered transactions and in all solicitations for towct• tier covered transactions. A participant in a covered transaction may rely upon a certification ora prospective Participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded trout the covered transaction, unless it knows that the certification is erroneous. A participant retry deckle the method and RRumwy by which it delornnines the eligibility orits principals. I_ach participant may, but is nut required to check the [,ist or Parties Excluded li ro Procurenlcnt or Non�Procurement P rattis, 8. Nothing contained in tile fnrcgoing shall he construed to require establishment ora system of records in order to render in good faith the ceriitieatioo required by [Ills clause. The knowledge and inAnnudon ora participant is not required to exceed that which is normally Possessed by it prudent person in the ordinary course or bltslRCeS dealings. 24 9. Except liar tra1Saet(On5 autlwrived under paragraph 5 of these iosU'uctious, if a participant in a covered transaction knowingly niters into a Iowa tier covered transaction with a person Who is suspciuled, dubal'I'ed, ineligible, or voluntarily excluded li•om participation in this transaction, in addition to other remedies available to the Pedci gal Government, the DOL may pursnc available remedies, inchtding suspension andior debarment. 25 EXHIBIT E LOBBYING ATTACHMENT F, CERTIFICATION REGARDING LOBBYING Certification Regarding Lobbying Certification for Contracts. Grants. Loans, and Cooperative Agreements The undersigned certifies, to the best ofhis 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 fin' influencing or ittemptin" to inlhtenec an officer or employee of any agency, a Member or 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 or 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 finds have been paid or will be paid to any person lift 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, gran(, loan, or cooperative agreement, the undersigned shall complete and submit Standtu'd Form-LLL. °Disclosure Form to Report Lobbying." in accordance with its instructions. (3) The undersigned shall require that the language of this eertilication be included in the award documents fin' all Subawards if all tiers (including subcontract, subgrants. and contracts under grants, loans, and cooperatke agreements) and that all subreeipients shall certify and disclose accordingly. This certification is a material representation or fact upon which reliance was placed when this transaction was made or entered into. Submission of this eertilication is a prerequisite for making nr entering into this transaction imposed by Scction 1 352, Tile 31, ll. S. Coda Any person who foils to file the required eertilication shall be Subject to a civil penalty ol'not less than S10,000 and not more than S I00,000 Ibr each such failure. The Salvation Army, a California corporation Ciraunce'Contactor Organization DOUGLAS TOLLERUD Name orCertitving Officer Si 26 NOV l Program Title Date SUBREC`IPIENT warrants file Ibllowing I. SUBRECIPIENI'will comply with Public Law 3$-352,'i'itle VI ()I'[ lie Ci%it Rights Act of 1964 ('12 U. S. C. section 2000 et seq.) and implementing regulation in 24 CFR fart I. 2. No person in the United States shall on the Ground of race, color, rcligunl, national origin, or sex, be excluded from participation in, or he denied the benefits of', or be subjected to discrimination under any program or activity funded in whole or in part with commmunity dcvcloptnenl. funds marls aValtable 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 ptu t with community development lunds 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 13. S. C. Sections 276 it 1-5, except for individuals who perform services for xvdiieh they volunteered; (lo not receive compensation for such services; or are paid expenses, reasonable benefits, or it nominal fee for such services; and are not otherwise employed at any tome in construction worts. 4. SUBREC'IPIENT wilt comply with all Federal statutes applicable to projects ['united with Community development funds, except that (a) SUBRECIPIENT does not assume CITY'S environmental responsibilities described at 24 CFR 570.604; and (b) SUBRECIPIENT floes not assume CITY'S responsibility for initiating the review process undo Executive Order 12372. 27 EXIIIloll' F DRUG-FRVE WORKPLACE ATTACHMENT F CERTIFICA,rm REGARDING DRL)GFREE WORKPLACE Certification Regarding Drug-Frce Workplace Reguirements Ile cmdricatiar set out below is a material retimsemation upon which reliance is placed by the U.S. Department oC llousiog and .Urban Development in awarding the grant. II' it is later determined that the contractor knowingly rendered a lhise certification, or otherwise violates the requirements of the Drug -Free Workplace Act, the U.S. Department or Housing and Urban Development, in addition to any Other remedies available to the Federal Clovermncnt, may take action authorized under the Drub; -Free Workplace Act. C'ERT)F'ICATION A. The contractor certifies that it will provide a drag-frcc workplace by: (a) Publishing a statement notifying employees that the unlawful manuCacture, distribution, dispensing, possession or use ore conu•olled substance is prohibited in the contractor's workplace and specifying the actions that will be taken against cmployccs for violation of such prohibition; (b) I stablishiug a drug fret awareness program to inform employees about - (1) The dangers ordrug We in the workplace; (2) The contractor's policy of maintaining a drug-frcc workplace; (3) Any available drug counseling, rehabilitation, and employee assistance program; and (4) The penalties that may be imposed upon employees lbr drug abase violations occurring in the workplace; (c.) Making it a rcquirunent that each enployce who will be engaged in the perronnance of the grant be given a copy of the statement squired by paragraph (al); (d) Notityiag the employee in the statement required by paragraph -(a) that, as a condition oremployment uudcr the contract, the employee will - (I) Abide by the terms orthe statemen ; and (2) Notify the employer orany erhuhml drug statute conviction lirr a violation 28 occurring in the workplace no later than live days after such conviction. (e) Notifying the U.S. Department ol'flousing and Urban Development within ten LkIN S alter receiving notice under subparagraph (d)(2) Crum an employee or other%%isc receiving actual notice ol'Such conviction: (1) Taking one of the Ibllowing actions, within 30 clays of receivin , 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 sati,fictorily in a drug abuse assistance or rehabilitation program approved Ibr such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency: ( ) Making a good faith eflbrt to continue to maintain a drug -free workplace through implementation ofparagraphs (a). (b). (c), (d). (e) and (1). 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 sweet address, city, county, state, and zip code) .the contractor lurther certifies that. if it is subsequcinly determined that additional sites will be used (or the performance of work under the contract. it shall notify the U.S. Department of Ilousing and Urban Development innnediutely upon the decision to use such additional sites by submitting a revised "Place of Pcrimmance" form. The Salvation Army, a Califomia corporation Organization Authorized Signature Date DOUGLAS TOLLERUD �q PLACE OF PERFORMANCE FOR CERTIFICATION REGARDING DRUG -FREE WORKPLACE REQUIREMENTS N The Contractor shall insert in the space provide(l ')Clow (Ile site(s) CXI)ected to he used 1101- the pertbrmance of work uncle' the contract covered by the certification: Place of Performance (include street address, city, county, state, zip code for each site): 30 Page 1 of 2 CERTIFICATE OF LIABILITY INSURANCE DATE(M1o/o2/2020/zozo THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the pollcy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Willie Towers Watson Insurance services west, Inc. o/0 26 Century Blvd P.O. Box 305191 CONTACT Willis Towers Watson Certificate Center NAME:PHONE 1-877-945-7378 FAX 1-888-467-2378 A!C No: E-MAIL ADDRESS: certificates@willis.com Nashville, TN 372305191 USA INSLI AFFORDING COVERAGE NAIC# INSURERA: Westchester Surplus Lines Insurance Compan 10172 IThe Salvation Array - Division 11 NSURED INSURER B: Greenwich Insurance Company 22322 INSURER C: XL Specialty Insurance Company 37885 30840 Hawthorne Blvd., Bldg D INSURER D: Rancho Palos Verdes, CA 90275 INSURER E : INSURER F : L:1JVtHAUt:5 CERTIFICATE NUMBER: WIUIUJU77 RFVISInN NIIMRFR- 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 CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR TYPE OF INSURANCE ADDLSUBR POLICYNUMBER POLICY EFF MMIDDcYYYYI POLICYEXP IMMIDDrITTI'lLIMITS COMMERCIAL GENERAL LIABILITYEACH CLAIMS -MADE � OCCUR OCCURRENCE $ 2,000,000 I DAMA T RENTED PREMISES Eaoccurenoe$A 1,000,000 MED EXP Any one person) $ 0 9elf Insured Retention: y G7183119AC01 10/01/2020 10/01/2021 x $2,000,000 PERSONAL &ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY ❑, JECT �LOC GENERAL AGGREGATE $ 4,000,000 PRODUCTS-COMPIOPAGG $ 4,000,000 $ OTHER: I AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ 5,000,000 X ANY AUTO BODILY INJURY (Per person) $ H OWNED SCHEDULED AUTOS ONLY AUTOS y RAD500021910 10/01/2020 10/01/2021 BODILY INJURY Per accident ( ) $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY PROPERTY -DAMAGE Per accldant $ UMBRELLA LIAR OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAR CLAIMS -MADE DED I I RETENTION$ $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANYPROPRIETORIPARTNERIEXECUTIVE No OFFICERIMEMBEREXCLUDED7 NIA y RWD500021710 10/01/2020 10/01/2021 x PER OTH- STATUTE ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 (Mandatory In NH) If yea, dearnica under E.L. DISEASE -POLICY LIMIT $ 1,000,000 DESCRI PTION OF OPERATIONS below B Excess Auto Liability - CA RAE500021810 10/01/2020 10/01/2021 Any Auto / CSL $3,000,000 Self-Insd Retention $2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be aft ched if more space Is required) Division k11-148 Workers Compensation: Policy No. RWD500021710 provides coverage in the following states: HI, ID, MT ,NM, NV, UT Policy No. RWR300094405 provides coverage in the following states: AK SEE ATTACHED I Izm I tr WA I C INULUCR CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Santa Ana Risk Management Division AUTHORIZED REPRESENTATIVE 20 Civic Center Plaza ea, Vc 01 � Santa Ana, CA 92702 i• 1/( =� I W ©1988.2016 ACORD CORPORATION. All riahts reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD sR ID: 20160526 BATCH: 1836068 AGENCY CUSTOMER ID: LOC #: ADDITIONAL REMARKS SCHEDULE AGENCY �Hawthor� Willis Towers Watson Insurance Services West, Inc. y - Division 11 l vd., Bltlg D POLICY NUMBER es, CA 90275 See Page 1 CARRIER See Page 1 NAICCODE See Page 1 rEFFECTIVE DATE: Sae Page 1 THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance Excess Workers Compensation RW Policy No. E500021610 provides coverage in the following states: AZ,CO,OR Policy No. RWES00047505 provides coverage in the following states: CA CA -Business Auto is fully Self -Insured per the attached State Certificate. Page 2 of 2 City of Santa Ana, its officers, employees, agents, and representatives are included as an Additional Insured as respects to General Liability and Auto Liability as required by written contract or agreement. General Liability pol shall be Primary and Non -Contributory with any other insurance in force for or which may be purchased by Additional Insureds as required by written contract or agreement. Waiver of Subrogation applies in favor of Additional Insureds with respects to Workers Compensation as permitted by law. INSURER AFFORDING COVERAGE: XL Specialty Insurance Company POLICY NUMBER: RWR300094405 EFF DATE: 10/01/2020 EXP DATE: 10/01/2021 'TYPE OF INSURANCE: LIMIT DESCRIPTION: LIMIT AMOUNT: Workers Compensation S E.L. Each Accident $1,000,000 Employers Liability E.L. Disease Pol Lim $1,000,000 WC - Per Statute E.L. Disease - Ea Emp $1,000,000 INSURER AFFORDING COVERAGE: XL Specialty Insurance Company POLICY NUMBER: RWE500047505 EFF DATE: 10/01/2020 EXP DATE: 10/01/2021 TYPE OF INSURANCE: LIMIT DESCRIPTION: LIMIT AMOUNT: Excess Workers Compensation E.L. Each Accident $1,000,000 CA EL Each Employee $1,000,000 Retention; $1,000,000 ADDITIONAL REMARKS: CA -Workers Compensation is fully Self -Insured per the attached State Certificate. INSURER AFFORDING COVERAGE; XL Specialty Insurance Company POLICY NUMBER: RWES00021610 EFF DATE: 10/01/2020 EXP DATE: 10/01/2021 TYPE OF INSURANCE: Excess Work Comp- AZ/CO/OR 101 (2008/01) LIMIT DESCRIPTION: EL Each Accident EL Each Disease Retention LIMIT AMOUNT: $1,000,000 $1,000,000 $750,000 © 2000 NAIC#: 37885 NAIC#: 37885 NAIC#: 37885 riahts 1 nu nwrtu name ana 1000 are registered marks of ACORD SR ID; 20160526 BATCH: 1836068 CENT; W18183077 STATE OF CALIFORNIA Edmund G. Brown Jr., Governor DEPARTMENT OF INDUSTRIAL RELATIONS OFFICE OF SELF-INSURANCE PLANS 11050 Olson Drive, Suite 230 Rancho Cordova,CA 95670 Phone No. (916) 464-7000 FAX (916) 464-7007 TO WHOM IT MAY CONCERN: OF SELF-INSURANCE OF WORKERS' COMPENSATION 47' " This certifies that Certificate of Consent to Self -Insure No. 0566 was issued by the Director of Industrial Relations to: The Salvation Army under the provisions of Section 3700, Labor Code of California with an effective date of November 15, 1933. The certificate is currently in full force and effective. Dated at Sacramento, California This day the 20th of April 2017 Lyn Asio Booz, Chief ORIG: Craig Nicles Director Of Claims Management The Salvation Army 180 East Ocean Boulevard, loth Floor Long Beach, Ca 90802 APub&SoAtoeAgency This Is to certify that; CERTIFICATE OF SELF-INSURANCE The salvation Arm 30940 Nawthome Boulevard, Rancho Palo$ Verde, California 90275 T'n a1Y0. M191Ntiq' ...."••• has been approved as a Self -insurer under the California Compulsory Finanotal Responsibility Law and assigned Self -Insurance # 202 „. pursuant to Section 16063 of the Ca0fornla Vehicle Code for the period Aaguet 19, 2020 through August Is, 2021 ^ MAN ER Finandial Responsibility Unit Department of Motor Vehicles aHr Ova"ex