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HomeMy WebLinkAboutORANGE, COUNTY OF (12)Return ORIGINAL 1r, .,jH „ UU�R D executed copytoCOTC, A-2021-031-01 PAP 1 1 2021 W ,OUCE40 �OUIVA Cpfl y )F4,t GRANT AGREEMENT BETWEEN THE COUNTY OF ORANGE AND THE CITY OF SANTA ANA FOR ECONOMIC SUPPORT PROVIDED BY THE CITY This Grant Agreement (the "Agreement") is made and entered into by and between the County of Orange, a political subdivision of the State of California, hereinafter referred to as "County," and the City of Santa Ana, a municipal corporation, hereafter referred to as "Grantee," with the County and Grantee referred to as "Party," or collectively as "Parties." WHEREAS, on February 26, 2020, the County Health Officer declared a local health emergency based on an imminent and proximate threat to public health from the introduction of a novel coronavirus (named "COVID-19") in Orange County (the "COVID-19 Emergency"); and WHEREAS, on March 2, 2020, the Board of Supervisors adopted Resolution No. 2020-11 ratifying the local health emergency declared by the County's Health Officer: and WHEREAS, on March 4, 2020, the Governor of the State of California declared a State of Emergency to exist in California as a result of the threat of COVID-19; and WHEREAS, the State, like the Nation, continues to record a surge in the level of community spread of COVID-19 resulting in a Statewide increase in the number of new hospital admissions from 777 on November 15, to 1,651 on December 2; and WHEREAS the rise in cases, if it continues, risks overwhelming the ability of California hospitals to deliver healthcare to its residents suffering from COVID-19 and from other illnesses requiring hospital care; and WHEREAS, on December 3, 2020, California health officials announced a Regional Stay at Home Order that will be triggered if Intensive Care Unit (ICU) capacity drops below 15 percent in a given region; and WHERAS, the Regional Stay at Home Order instructs Californians to stay at home as much as possible to limit mixing with other households that can lead to COVID-19 spread; and Page 1 of 8 WHEREAS, on December 10, 2020, the Southern California region was at 9% ICU capacity, and the Regional Stay at Home Order remained in effect in the County of Orange; and WHEREAS the COVID-19 pandemic and the necessary physical distancing measures implemented have impacted many businesses, leading to business closures, loss of employee hours and wages, and layoffs; and WHEREAS on December 15, 2020 the Orange County Board of Supervisors has allocated. $10 million in General Funds equally between the five supervisorial districts for economic support initiatives for small businesses in response to COVID- 19; and WHEREAS, to help restaurants in the City of Santa Ana to operate in a safe manner, and abide by State of California and local health official mandates for social distancing, Grantee has authorized restaurants and retail businesses to expand dining and retail operations outdoors; and WHEREAS, on or about March 16, 2021, Grantee approved the expansion of its "Outdoor Safe Dining Program," pursuant to which Grantee will construct custom parklets for restaurants to mitigate the impacts of COVID-19 by expanding outdoor dining opportunities in designated commercial corridors along or within 500 feet of lst Street or 17th Street within Grantee's jurisdictional boundaries; and WHEREAS, to provide funds for the Grantee to pay expenditures it has or will incur providing economic support to small businesses in the First District due to the COVID-19 public health emergency, the Parties have agreed that the County shall transfer the grant amount described herein to Grantee. NOW, THEREFORE, the Parties mutually agree as follows: 1. TERM OF AGREEMENT. The term of this Agreement begins on the date when fully executed by the Parties, and terminates on August 31, 2021, or when all of the Parties' obligations under this Agreement are fully satisfied, whichever occurs earlier. USE OF GRANT AMOUNT. a. Grantee shall use the grant amount provided under this Agreement to pay for Eligible Expenses that: (1) are necessary expenditures incurred due to the public health emergency with respect to COVID-19; and Page 2 of 8 (2) were incurred during the period that begins on March 16, 2021 and ends on August 31, 2021. b. The term "Eligible Expenses," as used in this Agreement, shall mean expenses incurred and paid for by Grantee to design, construct and install parklets on private commercial property for restaurants along or within 500 feet of lat Street or 17th Street in the First District as part of Grantee's "Outdoor Safe Dining Program," including expenditures related to the retention of a vendor to design and install custom parklets to the Grantee's standards. Eligible Expenses shall include the purchase and use of rails, planters, wood decks, shade sails, solar lights, drought tolerant plants and weatherization elements that are used in the installation or construction of parklets as part of Grantee's Outdoor Safe Dining Program. C. The following is a nonexclusive list of expenditures that shall not constitute Eligible Expenses payable from the grant amount: (1) Administrative and maintenance expenses in excess of five percent of the grant amount set forth in Paragraph 3. (2) Damages covered by insurance. (3) Expenses that have been or will be reimbursed under any federal program, such as the reimbursement by the federal government pursuant to the CARES Act of contributions by States to State unemployment funds. (4) Reimbursement to donors for donated items or services. (5) Workforce bonuses other than hazard pay or overtime. (6) Severance pay. (7) Legal settlements. d. Grantee must utilize the grant amount in accordance with all Federal and State laws. PAYMENT OF GRANT AMOUNT a. The County shall pay Grantee a grant amount of $500,000 within 10 business days after the later of the following two conditions have Page 3 of 8 occurred: (1) the Grantee's City Council has approved the Safe Outdoor Dining Program as described in Paragraph 2 of this Agreement and (2) this Agreement has been fully executed. All of Grantee's expenditures of the grant amount must be for Eligible Expenses as described in Paragraph 2 of this Agreement. b. It is understood that the County makes no commitment to fund this Agreement beyond the terms set forth herein. C. If Grantee has not spent any portion of the grant amount it has received under this Agreement to cover Eligible Expenses by August 31, 2021, Grantee shall return to the County by September 30, 2021 the amount remaining unspent as of August 31, 2021. 4. STATUTES AND REGULATIONS APPLICABLE TO GRANT. Grantee must comply with all applicable .requirements of State, Federal, and County of Orange laws, executive orders, regulations, program and administrative requirements, policies and any other requirements governing this Agreement. Grantee must comply with applicable State and Federal laws and regulations pertaining to labor, wages, hours, and other conditions of employment. Grantee must comply with new, amended, or revised laws, regulations, and/or procedures that apply to the performance of this Agreement. These requirements include, but are not limited to: a. Political Activity Prohibited. None of the funds, materials, property, or services provided directly or indirectly under this Agreement may be used for any partisan political activity, or to further the election or defeat of any candidate for public office. Funds provided under this Agreement may not be used for any purpose designed to support or defeat any pending legislation or administrative regulation. b. Tax Reporting. Grantee is responsible for any tax reporting requirements that arise from Grantee's distribution of economic support to Small Businesses, including the filing of any required tax forms with the IRS and the issuance of any required tax forms to recipients of economic support from the Grantee. Page 4 of 8 5. REPORTS. a. Progress Report. On May 31, 2021, Grantee shall provide a report to the County that shall: (1) identify the Eligible Expenses paid from the grant amount; (2) identify the name and location of each parklet whose construction was funded by the grant amount; (3) demonstrate how Grantee used the grant amount consistent with the use requirements of Paragraph 2; and (4) identify the balance of the grant amount that Grantee has not spent. b. Final Report. Upon the earlier of Grantee's expenditure of the balance of the grant amount or August 31, 2021, Grantee shall provide a report to the County that shall: (1) identify the Eligible Expenses paid from the grant amount; (2) identify the name and location of each parklet whose construction was funded by the grant amount; (3) demonstrate how Grantee used the grant amount consistent with the use requirements of Paragraph 2; and (4) identify the balance of the grant amount that Grantee has not spent, if any. C. The Grantee shall provide a certification signed by its chief executive officer with each report required under this Paragraph 5 that the statements contained in the report are true and that the expenditures described in the report comply with the uses permitted under Paragraph 2. d. Grantee shall maintain supporting documentation for the reports required by this Paragraph 5 consistent with the requirements of Paragraph 6. 6. RECORDS MAINTENANCE. Records, in their original form, must be maintained in accordance with requirements prescribed by the County with respect to all matters specified in this Agreement. Original forms are to be maintained on file for all documents specified in this Agreement. Such records must be retained for a period four (4) years after termination of this Agreement and after final disposition of all pending matters. "Pending matters" include, but are not limited to, an audit, litigation or other actions involving records. Records, in their original form pertaining to matters covered by this Agreement, must be retained within the County of Orange unless authorization to remove them is granted in writing by the County. 7. RECORDS INSPECTION. At any time during normal business hours and as often as either the County or the Auditor General of the State of California may deem necessary, Grantee must make available for examination all of its records with respect to all matters covered by this Agreement. The County and the Auditor Page 5 of 8 General of the State of California each have the authority to audit, examine and make excerpts or transcripts from records, including all Grantee's invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. Grantee agrees to provide any reports requested by the County regarding performance of this Agreement. With respect to inspection of Grantee's records, the County may require that Grantee provide supporting documentation to substantiate Grantee's expenses with respect to the Grantee's use or expenditure of the grant amount. 8. INDEPENDENT CONTRACTOR. The Grantee shall be considered an independent contractor and neither the Grantee, its employees, nor anyone working under the Grantee shall be considered an agent or an employee of County. Neither the Grantee, its employees nor anyone working under the Grantee shall qualify for workers' compensation or other fringe benefits of any kind through County. 9. PERMITS, LICENSES, APPROVALS, AND LEGAL OBLIGATIONS. Grantee shall be responsible for obtaining any and all permits, licenses, and approvals required for performing any work under this Agreement. Grantee shall be responsible for observing and complying with any applicable Federal, State, or local laws, or rules or regulations affecting any such work. Grantee shall provide copies of permits and approvals to the County upon request. 10. INDEMNITY. The Grantee agrees to indemnify, defend with counsel approved in writing by County, and hold County, its elected and appointed officials; - officers, employees and agents and those special districts and agencies which County's Board of Supervisors acts as the governing Board harmless from any claims, demands or liability of any kind or nature, including but not limited to personal injury or property damage, arising from or related to the Grantee's receipt, distribution or expenditure of the grant amount under this Agreement. The provisions of this paragraph shall survive the termination of this Agreement. 11. NOTICES. Any and all notices, requests, demands and other communications contemplated, called for, permitted, or required to be given hereunder shall be in writing. Any written communications shall be deemed to have been duly given upon actual in -person delivery, if delivery is by direct hand, or upon delivery on the actual day of receipt or no greater than four (4) calendar days after being mailed by US certified or registered mail, return receipt requested, postage prepaid, whichever occurs first. The date of mailing shall count as the first day. All communications shall be addressed to the appropriate party at the address stated herein or such other address as the parties hereto may designate by written notice from time to time in the manner aforesaid. Page 6 of 8 Grantee: Kristina Ridge, City Manager City of Santa Ana 20 Civic Center Plaza (M31) Santa Ana, CA 92701 County: Denis Bilodeau County of Orange County Executive Office 333 W. Santa Ana Blvd., 3rd Floor Santa Ana, CA 92701 12. DEFAULTS. Should either Party fail for any reason to comply with the contractual obligations of this Agreement within the time specified by this Agreement, the non -breaching Party reserves the right to terminate the Agreement, reserving all rights under State and Federal law. 13. ATTORNEY FEES. In any action or proceeding to enforce or interpret any provision of this Agreement, each Party shall bear its own attorney's fees, costs, and expenses. 14. ENTIRE CONTRACT: This Agreement contains the entire contract between the Parties with respect to the matters herein, and there are no restrictions, promises, warranties or undertakings other than those set forth herein or referred to herein. No exceptions, alternatives, substitutes, or revisions are valid or binding on the parties unless authorized by the Parties in writing. 15. AMENDMENTS. No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties; no oral understanding or agreement not incorporated herein shall be binding on either of the Parties; and no exceptions, alternatives, substitutes, or revisions are valid or binding on County unless authorized by County in writing. Page 7 of 8 A-2021-031-01 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the day and year dated below. CITY OF SANTA ANA A California Municipal Corporation By: ��-'�Y 'tom Kristine Ridge City Manager COUNTY OF ORANGE A political subdivision of the State of California By: Chief Executive Officer Date: �J' ��"�a� Date: �I2 2/ By: l l" r By: l/ R Hodge Assistant City Attorney Supervising Deputy County Counsel Date: March 29, 2021 Date: ATTEST: -_ By: Daisy Go ez Clerk of the Council FOR APPROVAL: By: Steven A. Mendoza Assistant City Manager / Executive Director of Community Development Agency Page 8 of 8