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HomeMy WebLinkAboutPROJECT HOPE ALLIANCECity of Santa Ana S� Clerk of the Council AGREEMENT TERMINATION FORM 1 �J Please complete this form in its entirety when the attached agreement amendments (if any) are no longer in effect. Note: If 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). Call 647-1520 if you have any questions. The agreement with A-2020-251-01 No. was completed on (List all amendments. Use space below if needed.) i:lagreemenlslforms4arm -agreement termination form_goldenrod.doc COTC Office Use Only OF THE COUNCIL 131'23 PM3:5$ t! and final payment has been made. Department: a- Phone/Ext.: // (0 �� ( Signature: �If C Date: 1 �_ (4 ZZ A-2020-251-01 Cti AGREEMENT BETWEEN THE CITY OF SANTA ANA AND PROJECT HOPE ALLIANCE FOR USE OF C (DOlvi(A�Flo'rzS)F�lt COMMUNITY DE VELOPMENT BLOCK GRANT CORONAVIRUS (CDBG-CV) FUNDS This Agreement is hereby made and entered into this 14th day of December, 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 Project Hope Alliance, a California nonprofit corporation ("SUBRECIPIENT"). RECITALS: A. On March 27, 2020, a special allocation of Community Development Block Grant ("CDBG") funds was authorized by the Coronavuus Aid, Relief, and Economic Security Act ("CARES Act"), Public Law 116-136, to prevent, prepare for, and respond to the coronavirus ("COVID-19") pandenue. The CARES Act made available $5 billion in Community Development Block Grant Coronaviius ("CDBG-CV") finds. Of this amount, the United States Department of Housing and Urban Development ("HUD") inunediately 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 fluids from I -IUD in response to the COVID-19 pandemic. C, CITY, as an entitlement recipient and grantee of the HIM CDBG Entitlement Program, Catalog of Federal Domestic Assistance ("CFDA") Number 14.218, and Federal Award Identification Number (FAIN) B-20-MW-0670508, desires to enter into this Agreement with the SUBRECIPIENT for the expenditure of CDBG-CV funds in accordance with Title 24, Pail 570 of Code of Federal Regulations 24 CFR 570.000, et seq. ("CDBG REGS"). D. CITY applied for and received CDBG funds front FIUD 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 wider 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. R In response to the COVID-19 pandemic, SUBRECIPIENTserves 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 peformtmcc oreasoremells 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: 1. 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. SU13RECIPILNT 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 perfonned 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 thus 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. SUBRECIPMNT 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 finding 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 SUBRECTPITiNT for Santa Ana Ontreach for Yonth Experiencing Homelessness program is One -Hundred Fifty Thousand and 00/100 Dollars (S150,000,00) ("CDBG-CV FUNDS"), for the tern commencing on the date first written above and continuing for 12 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 quarterly basis subject to and upon receipt and approval of a complete quarterly activity report from SUBRECIPIENT, with the final payment subject to the satisfaction of the condition precedent of submittal of complete reporting information, as hereinafter more fully set forth. SUBRECIPIENT shall be obligated to perfonn such duties as would normally extend beyond the term, including, but not Innited 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 prograrn years. Amendments in the grant allocation will be made after consultation with SUBRECIPIENT. C. Use of Funds. SUBRECIPIENT agrees to use all federal Rinds 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. SUBRECIPIEN'f'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. Allowable Costs. SUBREC IPE NT 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 inconne received from said funds only for the same purposes for which said funds maybe 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 §200.33 1 (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 10% will apply. E. Licensing. SUBRECIPIENT agrees to obtain and maintain all required licenses, ro.,W.rrtiom, accrcdilalion and huspeelirnis from all agencies gnu-erning 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 ii 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 Rcuort Requirements. SUBRECIPIENT agrees that if SUBRECIPIENT expends Seven Hundred Fifty Thousand Dollars ($750,000) or more it federal funds, SUBRECIPIENT shall have an amoral 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 I ce in r eporting. SUBRECIPIENT shall keep and maintain complete and adequate records and reports on program participants to determine then' initial and continuing eligibility for the program services being provided to assist CITY in meeting and maintaining its record keeping responsibilities under the CDBG BEGS, 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 08(a)(2)(B) of the income level of persons and/or families participating in or benefiting by the SUBRFCIPIENT 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 d0enlnA9ntati071 pertaining to costs for subcontractors, plus all other invoices and proof ofpayment Poi 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 RE,GS. (2) Reports a. Payment Request. Concurrently with the submittal of each report, SUBRECIPIENT shall submit both: an original invoice/request for reimbursement and hue 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. 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 SUBRECIPTENT'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 Keening. 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. Corn liancewith Law/I'eogram Inconnc. SUBRECTMENT acknowledges that the rands 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. 0. 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. SUBRECIP NT 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 spec in violation thereof. If SUBRECIPIENT engaged in fraudulent activity to obtain and/or justify expenditure of the CDBO-CV finds granted hereunder, SUBRECIPIENT shall be required to reimburse the CITY of all such funds that were obtained and/or spent wider fraudulent circumstances. Q. Equipment. SUBRECIPIENT agrees to maintain a record for each item of non -expendable personal property acquired under the tens 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 finds 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 modificatiun of any federal contract, grant, loan or coopuative 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 ally 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 -malting 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, daring 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 SUBRECIPIENf agrees to comply with the Copeland Anti-I{ick 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. Tine 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 Houshnn? and Urban Development Act of 1968. SUBRECIPIENT will make every effort to provide training opportunities for lone -mud nnoderale-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 fiilfill these requirements shall subject the SUBRECIPIENT, 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. SUBRECDIENT 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. Drug 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. SUBRECIPIFNT will carry out its activities in compliance with the requirements of Subpart K of 24 CFR 570. However, SUBRECIPMNT does not assume the CITY's envirormnental responsibilities or the responsibility for initiating the environmental review process under 24 CFR Part 52. Z. Women- and Minority -Owned Businesses (W/MBA, 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 tern "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 (sI%) 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, U. 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 pandennic. Subject to the terms of this Agreement, CITY agrees to pay to SUBRECIPIENT when, if and to the extent federal Raids are received a sum not to exceed One -Hundred Fifty Thousand Dollars ($150 000.00) 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. CTrY 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 SUBRECBPIENT, 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 CDBQ-CV FUNDS in accordance with Title 24 of the Code of Federal Regulations and other applicable federal laws and regulations. C. Conunon 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. Enviromnental 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 detern ine 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. I£ 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. 111, 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 orrice, 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 hi any activities, programs or employment supported by this Agreement. SUBRECIPIENT is prohibited fi-om discrinination on the basis of age or with respect to an otherwise qualified handicapped person as provided for under Section 109 of the Ilousing and Corrununity 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 discrhnination 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 CPR 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 ENTITITS If SUBRECIPIENT is a religious entity, SUBRECIPIENT hereby agrees that it, 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 Hint employment or give preference in employment to persons on the basis of religion. B. SUBRECIPIENT shall not diserhninate 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 fiuids by SUBRECIPIENT with applicable constitutional limitations respecting the establishment of religion as set forth in the establish ruent clause under the First Amendntcut of the United States CenStilL60P and Arlicle I, Section 4 of the California Constitution, and is not in any manner intended to restrict other- activities of SUBRECIPIENT, D. The portion of it 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 IN 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. PROIBBIIION OF NEPOTISM SUBRECIPIENT agrees not to hire or permit the luring 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 terns "immediate family" means spouse, child, mother, father, brother, sister, brother-in-law, sister-in-law, father-in-law, mother-in-law, son-nl-law, daughter-in-law, aunt, uncle, niece, nephew, stepparent and stepchild. The term "administrative capacity" means having selection, luring, supervisor or management responsibilities. VH. 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: Project Hope Alliance Jennifer Fiend 1954Placentia Ave. Costa Mesa, CA 92627 Main: (949) 722-7824 VIM ASSIGNABILITY None of the duties of, or work to be performed by, SUBRECIPIENP 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. LY. HOLD HARMLESS 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 derend, uudcunniry, and save harmless CITI', its officers, employees, agents, representatives and voluntccrs from and against any and all claims, demands, suits, actions or proceedings of any land or nature, including, but not by way of fin itation, 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 onussions of SUBRECIPIENT, its officers, directors, employees, agents, subcontractors and suppliers arising out of SUBRECIPIENT's performance of this Agreement. X. INSURANCE 1. Commercial General Liability. SUBRECIPIENT agrees to obtain and keep in force during the tern of this Agreement a policy of comprehensive commercial public liability insurance insuring the CITY, and SUBRECII'IENT 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 SUBRECIPIENf 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 dauraoo to any and all Equipineut providod 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. 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 12 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, SUBRECIPIINT shall transfer to CITY any CDBG-CV fiords 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 SUBR) CIPIENT's control that was acquired or improved in whole or in part with CDBG-CV fiords 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 expiation 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, SUBRECIPMNT 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 herefti, title to equipment acquired under the terns of this Agreement will vest upon acquisition in SUBRECIPIENT. When said equipment which has been acquired in accordance with [his 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 die 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. SUBRECIPIENC 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 finds 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 hhstnaneuls, loans, grants or advances by SUBRECIPTENT 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 ASSBTS," and in paragraph "XH. 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 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. 13 XH. 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 tip 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 set -vices not subsequently performed in a timely and satisfactory manner; and, (2) costs incurred by CITY in obtaining substitute performance. D. The grant of finds under this Agreement may be teminated for convenience by either the CITY or SUBRECIPIENT, in whole or irr part, by setting forth the reasons for such termination, the effective elate, and, in the case, of portion termination, their portion to be teminated. However, if in the case of a partial termination, the CITY deternnines 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 XII.F., 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 liriitations 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 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 M 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 finding occurs, SUBRECIPIENT shall be pernutted to de -scope accordingly. Where CITY has reasonable groruids 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 patty, 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 CPR §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 refimd 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 (Sae OMB Circular A-129 and 2 CPR §200.345); 4. SUBRECIPIENT must account for any real and personal property acquired with Federal ftntds or received from the Federal government in accordance with 2 CFR &6200.310- 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 REOUIREMENTS FEMA 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 acid/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 indemnity CITY fully, including reasonable costs and attor ney'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. b. All Exhibits and Attachments referenced herein and attached hereto shall be Incorporated as if fully set forth in die body of this Agreement. 16 (Signatures on.followingli(Ige) 17 A-2020-251-01 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the last date and year written below. ATTEST: CITY OF SANTA ANA DAISY GOMEZ KRISTINE RIDGE /Clerk of the Council City Manager APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney HODGE Assists City Attorney RECOMMENDED FOR APPROVAL: SUBRECIPIENT: STEVENMENDOZA Jennife F Executive Director ExeCuti rector Community Development Agency Tax ID: 753099628 DUNS #: 055708303 18 City of Santa Ana CDBG Scope of Work Program Year 2020.2021 (December 1, 2020 - December 1, 2021) Name of Organization Project Hope Alliance Name of Funded Program Santa Ana Outreach for Youth Experiencing Homelessness Annual Accomplishment Goal Unduplicated Participants anticipated to be served during the 12-month contract period. 50 TOTALI 50 Santa Ana Padici ants 1100%1 e Participants 10G% Schedule of Performance Unduplicated Estimated (estimated) Participants Invoicing Quarter 1: JUL 1 - SEP 30 12 1 $ 36,000-00 Quarter 2: OCT 1 - DEC 31 13 $ 3%000.00 Quarter 3: JAN 1 - MAR 31 12 $ 36.000.00 Quarter 4: APR 1 - JUN 30 13 $ 39,000.00 $ 150,000.00 Program and Funding Description Overview: Our Distance. Learning Outreach (DLO) is designed to help students in Santa Ana who have been negatively impacted b lack of resources, training, and support needed to continue on their academic path during the pandemic. Need: It is increasingly difficult for low-income families to survive in affluent areas like Orange County. As of 2019,25%of the homeless live in California and 7%of the nation s homeless youth live in motels, which would equate to roughly 2,050 homeless youth living in Orange County motels (Child Trends research, May 2019). COVIA has had a profound impact c student academic performance. The 22.2 million lost jobs in California in the first two months of the pandemic has exa the already tenuous situation of many families who were on the edge of home(essness. The job losses and correlating I losses levied a toll on housed and non -housed students alike. By way of example, 13%of students in to County schools out ine contact with th ei r teachers, and 1/3 had intermittent participation in online teaming especially in lower income The Orange County Department of Education reported that, pre-COVID, 13.1% (6,542 students) of the youth in. the San Unified School District were experiencing homelessness. In the districts where PHA has a heavy presence )Newport Me Anaheim), we have seen a 3x growth in the number of homeless youth. We believe Santa Ana may be experiencing sin growth in their numbers as well, increasing the urgency for community agencies to be expedient in addressing the nee With the schools closing in response to the COVID-19 crisis, Project Hope Alliance (PHA) has proactively adapted their methodology to address the transportation barrier for students who have been isolated from their academics by the d divide, lacking the resources to continue their schoolwork. To serve students experiencing homefessnesswho are !seta their dwelling places (motels, shelters, doubled -up), our Case Managers are visiting students in person to ensure that e student can overcome the gaps in their academic path presented by the school closures. Youth experiencing homeless already struggling to survive, and the lack of Internet access and digital tools tiaptop/tabiet/wlfi) present a huge battle those students who want to continue to do well at school, but do not have the necessary tools and resources to suttee now know that access to technology and the Internet are the greatest impediment to their participation inschool, folk the challenge single parents (the majority of our clientele) encounter with unfamiliar online teaming modalities while v multiple jobs to provide for their children. In addition, the physical distancing of students from their base of support pr by the schooi further complicates their academic opportunities. Schools provide not only basic needs like free or reduc Punches, but also afford an integrated, collaborative approach in removing barriers for students experiencing homeless Resources like mentoring, tutoring- and most importantly coordination of care between students and their parents w teachers, administrators and McKinney-Vento'liaisons - provides students with supplemental opportunities that succes counteract the deficits they encounter in homelessness. Our case managers utilize multiple methods to stay in constan with students, from simple tools like texting, phone, and email to Zoom and Google meet -ups and video workshops. P1, mein bers have also created a bilingual online learning guide to educate parents on how to navigate the distance learni environment. PHA partners like Mercury Insurance and Edwards Lifesciences have been providing laptops and we are approaching other technology firms to solicit hotspots for our clients. The remaining cost is for monthly internet conne fees- the missing component that allows our students to have direct access to all of the online learning resources, hon assignments, class sessions. and teacher interactions. Our full scope of services includes a holistic approach to ending homelessness. As our solution is not prescriptive, butt to fit the specific needs of each individual child, we pull from a "toolbox" of resources than can include any/all of the fr - Individualized academic support & materials - Weekly mentoring - Teacher coordination - Parent involvement - Case management and mentorship - Definition of goals and a case plan - Home visits - Weekly check -ins - School/McKinney Vento Coordination - 24/7 support - Connections to needed community resources, such EX+RgWil, food and healthcare -Career coaching, definition of future academic goals Collaboration with teachers, counselors, and administrators -Assistance with college applications, and financial assistance (like FAFSA) -Access to enrichment activities, such as: summer camps, recreational outings, access to after school sports, visits to 0 campuses. - 24 hour access to our case managers, 7 days a week Solution: Project Hope Alliance will commit two dedicated case managers to work with Santa Ana students, providing distance le resources as well as case management support. PHA's one-on-one coaching/case management sessionsdelve deep int deficits that youth experience as a result of the complications of homelessness, by reducing absenteeism, providing ho assistance, modeling healthy behaviors and providing feedback to parents and teachers regarding the development of children. Case managers also offer referrals to community service partners, access to a tutoring team, and mentoring.' initmIlystart with an intake and assessment process, which leads to the development of a goal plan, designed to addre barriers to academic success. Our level of engagement increases over time as our team builds trust with the youth and family, and a deeper understanding of each student's needs and goals. Outcomes: 1.Case Management: Provide holistic supportive services, centered around an intensive case management model, to 5, age children, adolescents and young adults (up to age 24) who are experiencing barriers to education and employmem homelessness. 2.Distance Learning: Distribute distance learning tools to 50 school age children, adolescents and young adults, to bridl digital divide resulting from school closures during the pandemic. Beset: Two full=time Case Managers dedicated to Santa Ana youth: $112,364 Indirect costs (10%): $13,636 (Strategic planning, project oversight, data collection and evaluation, reporting) Distance learning tools and support: $24,000 Total: $150,000 EXHIBIT A FISCAL YEAR 2020-2021 PROGRAM BUDGET Organization Name Project Hope Alliance ,Program Name Santa Ana Outreach for Youth Experiencing Homelessness EXPENDITURES Enter budget cateeories and oroiected expenditures fnr tho nrnnncarl nrnaram- Category Expenditures Funded By Santa Ana CDBG Expenditures Funded By Other Sources Program Budget Total Organization Budget Administrative Staff Salaries $0 $0 Program Staff Salaries $112,364 $112,364 Contractual/Professional Services $0 $0 Distance Learning Tools $26,400 $26,400 0 $0 $0 0 $0 $0 0 $0 $0 0 $0 $0. 0 $0 $0 0 $0 $0 TOTAL Direct Costs $138,764 $0 $138,764 $0 Indirect Costs 10% $11,236 $11,236 TOTAL BUDGET $150,000 $0 $150,000 $0 * Indirect cost rate: 10% Non -Federal entity without federaly recognized negotiated indirect cost rate, will charge a de minimis rate of 10% of modified total direct costs. PROGRAM RESOURCES LIST ALL OTHER PROGRAM RESOURCES FOR 2020-2021 Funding Source Total must equal Program Budget Total listed above. FUNDING SOURCE AMOUNT Santa Ana CDBG $ 150,000 TOTAL $ 150,000 CrOCil'.71i 1 2020-2021 CDBG BUDGET LINE ITEMS ADMINISTRATIVE STAFF Position Title Annual Salary & Benefits CDBG Funds Requested Description PROGRAM STAFF Position Title Annual Salary & Benefits CDBG Funds Requested Description Case Manager 1 $ 56,182 $ 56,182 Full-time Case Manager providing individualized case management and distance learning support to Santa Ana youth. (Note: Our programs are case management - centric, meaning that the case manager is the channel Ithrough which all of our wraparound services flow.) Case Manager 2 $ 56,182 $ 56,182 Full-time Case Manager providing individualized case management and distance learning support to Santa Ana youth. CONTRACTUAL/PROFESSIONAL SERVICES Contract CDBG Funds Type of Service Amount Requested Description OTHER LINE ITEMS Line Item Program Amount CDBG Funds Requested Description Distance Learning Tools $ 24,000 $ 24,000 a distance learning environment including technology and one-on-one support. Laptops and Wifi hotspots are currenity being contributed by PHA tech parters as GIK donations. PHA will request the underwriting support of the monthly internect connectivity fees, which is THE key educational component for our students to access EXHIBIT B-1 Certification Regarding Lobbying Certification Ihr Contracts. Gr:nts Loins and Cooperative Aereemems 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. Name of Certifying Officer EXHIBIT D Page l of 2 '2 u Date SUBRECIPIENT warrants the following; 1. SUBRECIPIL^'NT will comply with Public Law 88-352, Title Vl of the Civil Rights Act of 1464 (42 U. S. C. section 2000 et seq.) and implementing regulation in 24 CFR Part I. 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 Draft -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. (a) 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; (f) Taking one of the following actions, within 30 days of receiving notice EXHIBIT E Page t of 2 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): EXHIBIT E 1z12 Date Page 2 of 2 Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 29 CFR Part 98, Section 98.510, Participants' responsibilities. The regulations were published -- as Part VII of the May 26, 1988 Federal Resister (pages 19160-19211), (BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS FOR CERTIFICATION - Attached) (I) The prospective recipient of federal 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 prospective recipient of federal assistance funds is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Name and Title of Authorized Represent itf ve ' ►21z Date EXHIBIT C Page 1 of 2 INSTRUCTIONS FOR CERTIFICATION ], By signing and submitting this proposal, the prospective recipient of federal assistance fuunds is providing the certification as set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. if it is later determined that the prospective recipient of federal assistance funds knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the Department of Labor (DOL) may pursue available remedies, including suspension and/or debarment. 3. The prospective recipient of federal assistance funds shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective recipient of federal assistance funds learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. 5. The prospective recipient of federal assistance funds agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the DOL. 6. The prospective recipient of federal assistance funds farther agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and voluntary exclusion - Lower Tier Covered "transactions," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to check the List of Parties Excluded from Procurement or Non - Procurement Programs. 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Goverrmzent, the DOI, may pursue available remedies, including suspension and/or debarment. EXHIBIT C Page 2 of 2 Francine R. Digitally signed by Francine R. Villareal i 1 ® VIIIaICaI ACCORD CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDNY'YY) 10/21/2021 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 policy(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 Bowermaster & Associates 10805 Holder St 350 CONTACT Christine Smiley PHONE FAX A/C No Ext : 714-733-6200 A/C, No): E-MSte ADDRESS: csmiley@bowermaster.com INSURER(S) AFFORDING COVERAGE NAIC# Cypress CA 90630 INSURERA: Philadelphia Insurance Companies INSURED PROJHOP-01 Project Hope Alliance 1954 Placentia Ave, Suite 202 INSURERB: Property & Casualty Ins Co of Hartford INSURERC: Lloyd's INSURER D Costa Mesa CA 92627 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 1002763310 REVISION NUMBER: 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. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICYNUMBER POLICY EFF MM/DD POLICY EXP MM/DD LIMITS A X COMMERCIAL GENERAL LIABILITY Y PHPK2340169 10/21/2021 10/21/2022 EACH OCCURRENCE $1,000,000 CLAIMS -MADE OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $ 100,000 VIED EXP (Any one person) $ 5,000 PERSONAL &ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY ❑ PRO- JECT LOC ❑ PRODUCTS - COMP/OP AGG $ 2,000,000 $ OTHER: A AUTOMOBILE LIABILITY PHPK2340169 10/21/2021 10/21/2022 COEaMBINED ident SINGLE LIMIT acc $1,000,000 BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ X PROPERTY DAMAGE Per accident $ HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY A X UMBRELLALIAB OCCUR PHUB790025 10/21/2021 10/21/2022 EACH OCCURRENCE $1,000,000 AGGREGATE $ EXCESS LAB CLAIMS -MADE DED X RETENTION $ 1 n nnn $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N 72WECAA4H97 8/1/2021 8/1/2022 X PER OTH- STATUTEI ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? ❑ N/A E.L. DISEASE - EA EMPLOYEE $ 1,000,000 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 A Abuse Conduct Liability PHPK2340169 10/21/2021 10/21/2022 Aggregate 1,000,000 C Cyber Liability ESJO029264674 2/26/2021 2/26/2022 Each Abuse Conduct Cyber Liability/Ded 1,000,000 $1,000,000/$2,500 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) City of Santa Ana, officers, agents, employees, and representatives are Additional Insured as respects to General Liability per attached endorsement form. City of Santa Ana, officers, agents, employees, and volunteers are named as additionally insured on this policy pursuant to written contract, agreement, or memorandum of understanding. Such insurance as is afforded by this policy shall be primary, and any insurance carried by City shall be excess and noncontributory. Certificate of Insurance shall provide thirty (30) day prior written notice of cancellation. CERTIFICATE HOLDER 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 Manegement Division 4th Floor 20 Civic Center Plaza Santa Ana, CA 92701 AUTHORIZED REPRESENTATIVE >��DMsiun �w cF �, 9t REVIEWED & APPROVED BY.- @1988-2015 ACORD C `` ? ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD _ _— Wsk Management Analyst PI-GL-005 (07/12) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. . - •10 E4101:41 . •. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Effective Date: 10/21/2021 Name of Person or Organization (Additional Insured): City of Santa Ana Officers, agents, employees, and volunteers Risk Management Division SECTION II — WHO IS AN INSURED is amended to include as an additional insured the person(s) or organization(s) shown in the endorsement Schedule, but only with respect to liability for "bodily injury," "property damage" or "personal and advertising injury" arising out of or relating to your negligence in the performance of "your work" for such person(s) or organization(s) that occurs on or after the effective date shown in the endorsement Schedule. This insurance is primary to and non-contributory with any other insurance maintained by the person or organization (Additional Insured), except for loss resulting from the sole negligence of that person or organization. This condition applies even if other valid and collectible insurance is available to the Additional Insured for a loss or "occurrence" we cover for this Additional Insured. The Additional Insured's limits of insurance do not increase our limits of insurance, as described in SECTION III — LIMITS OF INSURANCE. All other terms, conditions, and exclusions under the policy are applicable to this endorsement and remain unchanged. Page 2 of 2 w RAMmaganedDmsiun Includes copyrighted material of Insurance Services Office, Inc., with its pe �40 F,qq REVIEWED & APPROVED BY.- V"° --� Risk Pjanagement Analyst To: Risk Management Division From: David Flores, Senior Community Development Analyst Date: December 9, 2021 Subject: Review of Certificate of Insurance for CDBG Funded Programs The purpose of this Memorandum is to provide Risk Management Division with clarification and guidance on the Equipment Coverage clause in the Community Development Block Grant (CDBG) Funded "Subrecipient Agreement". Throughout the year, the City's CDBG program awards federal funds to subrecipients to provide a myriad of public services to our residents. In order to deliver these services, the City's attorney office created a Subrecipient Agreement that all subrecipients must enter into before commencing the work. Section X. INSURANCE, of the agreement insures that any subrecipient that enters into this agreement shall purchase a policy or policies of insurance covering loss or damage to any equipment provided to or purchased by the subrecipient. However, the Santa Ana CDBG program does not provide or allow any subrecipient to purchase any equipment in order to deliver the services as indicated in the Exhibit -A "Scope of Work", and Exhibit B "Budget", sections of the Agreement. The CDBG program is respectfully asking the Risk Management Division to disregard Section X. item 4, of the CDBG Funded Subrecipient Agreements when reviewing the Certificate of Insurance. Please contact me if you have any questions or concerns regarding this matter. ew cF RAMwagmedoMsiun �40 1°x REVIEWED & APPROVED BY.- V"° W-- PIR Rt fjanagement Analyst