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HomeMy WebLinkAboutLUTHERAN SOCIAL SERVICES OF SOUTHERN CALIFORNIACity of San' Ana Clerk of the (. ouncil AGREEMENT TERMINATION FORM Please complete this form in its entirety when the attached agreement and all amendments (if any) are no longer in effect. Mote: 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 Councii Office (M-30) . Call 647-1520 if you have any questions. The agreement with Lu ~t' , A-2021-107-01 No. (List all amendments. 0 was completed on Use space below if needed.) Department: Phone/Ext.: Signature: Date: iAagreemenisVormMform - agreement termination form—goldenrod.doc COTC office Use onl C2-0 2-3 ow of Santa ""I" CIce n, and final payment has been made. INSURANCE ON FILE `NORK MAY PROCEED o UNIIL INSURANCE EXPIRES n LUIV- - '� CLERK OF COUNCIL DATE: A-2021-107-01 rO AGREEMENT BETWEEN THE CITY OF SANTA ANA AND LUTHERAN SOCIAL SERVICES OF SOUTHERN CALIFORNIA FOR USE OF THE SECOND ALLOCATION OF EMERGENCY RENTAL ASSISTANCE PROGRAM (ERA2) FUNDS o: COk()A; I(6. Iowl7�(5A) I This Agreement is hereby made and entered into this I" day of August, 2021, 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 Lutheran Social Services of Southern California, a California nonprofit corporation ("SUBRECIPIENT" or "CONTRACTOR"). RECITALS: A. On March 11, 2021, the federal American Rescue Plan Act of 2021, Pub. L. No. 117-2 was signed into law and, pursuant to Title III, Subtitle B, Section 3201, included $21.55 billion allocated to the United States Treasury for the Emergency Rental Assistance Program ("ERA2") to assist households that are unable to pay rent or utilities due to the COVID-19 pandemic. The funds were provided directly to States, U.S. Territories, local governments, and Indian tribes ("Grantees"). Grantees must use the ERA2 funds to provide assistance to eligible households through existing or newly created rental assistance programs. Grantees may use the ERA2 funds to make subawards to other entities, including non-profit organizations, to administer an ERA2 on behalf of the Grantees. Grantees may also enter into contracts using ERA2 payments for goods or services to implement an ERA2. Not less than 85 percent of awarded funds must be used for direct financial assistance, including rent, rental arrears, utilities and home energy costs, utilities and home energy costs arrears, and other expenses related to housing. Remaining funds are available for administrative costs. B. As an eligible grantee with a population greater than 200,000 and an existing rental assistance program, the CITY applied for a direct allocation of ERA2 funds from the Department of Treasury and on May 10, 2021, the CITY's application was approved for a direct allocation of $7,817,891.20 and a High -Need allocation of $6,208,702.70 for a total of $14,026,593.90 ("CITY Allocation"). As part of the CITY Allocation, the CITY executed a U.S. Department of the Treasury Emergency Rental Assistance Agreement attached hereto as Exhibit H and incorporated herein by reference. C. On July 6, 2021, the second direct allocation of ERA2 funds ("ERA2 Funds") in the amount of $14,026,593.90 was approved by the Santa Ana City Council. $11,922,604.82 of these ERA2 Funds are to be allocated to the CITY's CARES for Tenants Program. The remaining $2,103,989.09 (15% of the total grant) of the CITY Allocation of ERA2 Funds will be used for administration of the Program by the CITY and shared proportionally with the SUBRECIPIENT and other contractors. D. SUBRECIPIENT has been selected by the CITY to receive ERA2 Funds in order to administer the CITY's CARES for Tenants Program, in accordance with the Scope of Work attached hereto as Exhibit A and incorporated herein by reference ("said program"). SUBRECIPIENT represents that it is qualified and willing to operate said program and certifies that the administration of said program carried out with funds provided under this Agreement will meet the ERA2 objectives to respond to this historic COVID-19 public health crisis. E. SUBRECIPIENT agrees that it will adhere to the eligibility requirements, required documentation, and project expectations as indicated in Exhibit A for said program and in compliance with Section 3201(a) of the American Rescue Plan Act of 2021, the Department of Treasury's Frequently Asked Questions, and the CARES for Tenants Program Guidelines and Frequently Asked Questions established for said program. Failure to follow the requirements and meet the stated expectations 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. ERA2 PROVISIONS A. Scope of Work. SUBRECIPIENT shall be responsible for the specific tasks and services of said program, and agrees to administer said program in compliance with the size of the grant, the eligibility requirements, the eligible expenses for said program, the disbursement of funds, the required information/documents to qualify for grant award, and the project expectations as described in the Scope of Work attached hereto as Exhibit A. SUBRECIPIENT's failure to perform as required may, in addition to other remedies set forth in this Agreement, result in readjusnnent of the amount of funds for said program or termination of this Agreement. B. Term of Agreement. The term of said Agreement shall commence on the date first written above and continue through March 31, 2022 ("Term"), unless terminated earlier pursuant to the terms of this Agreement. This Agreement shall also cover any and all services provided by the SUBRECIPIENT to the CITY since the date the CITY Allocation of ERA2 Funds was awarded to the CITY. Additionally, the Term of this Agreement may be extended by a writing executed by the City Manager, or her designee, and the City Attorney. C. Amount of Grant Funding. The total amount of ERA2 Funds provided for said program shall not exceed One Million, Six Hundred Thirteen Thousand, Fifty -Eight Dollars and Thirty Cents ($1,613,058.30) during the Term of the Agreement. SUBRECIPIENT agrees to administer said program as outlined in Exhibit A, and within the terms of this Agreement, and to use said ERA2 Funds to administer said program pursuant to the regulations in Exhibit B attached hereto and incorporated herein by reference. (1) Direct Financial Assistance. SUBRECIPIENT will be responsible to approve the payment of direct financial assistance for up to an amount not to exceed One Million, Pour Hundred Ninety Thousand, Three Hundred Twenty -Five Dollars and Sixty Cents ($1,490,325.60) to be used solely for grants to eligible participants in said program in accordance with Exhibit A. The direct financial assistance will be disbursed by Orange County United Way as a third party on behalf of the SUBRECIPIENT and CITY under a separate Agreement. (2) Administrative Funds. CITY shall make administrative fee payment(s) to SUBRECIPIENT in an amount not to exceed One -Hundred, Twenty -Two Thousand Seven Hundred Thirty -Two Dollars and Seventy Cents ($122,732.70), pursuant to the terms detailed in Exhibit B. D. Disbursement of Funds. Said Administrative Funds shall be disbursed by CITY to the SUBRECIPIENT pursuant to the terms found in the Compensation/Payment attached hereto as Exhibit B, with payments subject to the submittal of invoices and other repotting requirements, as hereinafter more fully set forth. SUBRECIPIENT shall be obligated to perform such duties as would normally extend beyond the term, including, but not limited to, obligations with respect to indemnification, audits, reporting, data retention/reporting, and accounting. Failure to provide any of the required documentation and reporting will cause CITY to withhold all or a portion of a request for ERA2 Funds, or return the entire requestto SUBRECIPIENT, until such documentation and reporting has been received and approved by CITY. (I) Redaction in ERA2 Funding. The CITY reserves the right to reduce the amount of ERA2 Funds to SUBRECIPIENT, or to completely terminate this Agreement, in the CITY's sole discretion, if there is a reduction in ERA2 Funds provided to the CITY. (2) Reduced Distribution of Funds. The CITY reserves the right to reduce the grant application if the CITY's fiscal monitoring indicates that SUBRECIPIENT's rate of expenditure will result in unspent funds at the end of the program term. Amendments in the grant allocation will be made after consultation with SUBRECIPIENT. (3) Reversion of Assets. SUBRECIPIENT agrees that any and all funds received under this Agreement shall be disbursed during the Term of this Agreement, and that any and all funds remaining as of the end of the Term, which have not been disbursed, shall be returned by SUBRECIPIENT to the CITY within thirty (30) days of the expiration or earlier termination of the Agreement. No expense of SUBRECIPIENT will be reimbursed by CITY if incurred after the end of the Term of the Agreement. (4) Interest on Funds. ERA2 Funds made by Treasury to local governments, Tribes, and TDHEs are not subject to the requirement of 2 CFR 200.305(b)(8)-(9) to maintain balances in an interest -bearing account and remit payments to Treasury. E. Grant Program n Requirements. (I) SUBRECIPIENT acknowledges that the source of funding for said program is the federal ERA2 Funds, and that payments from the ERA2 Funds are only to be used to make necessary expenditures incurred due to the public health emergency with respect to COVID-19 in compliance with Section 3201(a) of the American Rescue Plan Act of 2021, the Department of Treasury's Frequently Asked Questions, and the CARES for Tenants Program Guidelines and Frequently Asked Questions established for said program. (2) SUBRECIPIENT acknowledges that ERA2 Fund provisions allow the use of ERA2 Funds for expenses associated with the provision of rental assistance in connection with the COVID-19 public health emergency, and will not use these funds for any other uses (3) SUBRECIPIENT shall follow the process and determination of eligibility for participants in said program as outlined in Exhibit A and Section 3201(a) of the American Rescue Plan Act of 2021, the Department of Treasury's Frequently Asked Questions, and the CARES for Tenants Program Guidelines and Frequently Asked Questions established for said program. (4) CITY entered into a U.S. Department of the Treasury Emergency Rental Assistance Agreement receiving and recognizing the CITY Allocation of ERA2 Funds to be used by CITY to provide rental assistance. A true and correct copy of the U.S. Department of the Treasury Emergency Rental Assistance Agreement is attached hereto as Exhibit H and incorporated herein by this reference. Subrecipient has been made aware of the U.S. Department of the Treasury Emergency Rental Assistance Agreement and agrees to comply with all the conditions of the U.S. Department of the Treasury Emergency Rental Assistance Agreement and the applicable requirements governing the use of ERA2 Funds, including amendments or addendums to said Agreement, if any. City will provide notice of any such amendments or addendums to said Agreement to Subrecipient, and such notice will be sufficient to incorporate such amendment or addendum into this Agreement. Performance Monitoring. (1) The subrecipient monitoring and management requirements set forth in 2 CFR 200.331-200.333 will apply to SUBRECIPIENT. SUBRECIPIENT shall submit program performance information as often as requested by CITY, but no less than the submission of weekly reports and a final report to CITY with the information requested by and in the format acceptable to CITY. Each weekly report is due within three (3) business days of completion of work for each week. The final report is due within thirty (30) days after the termination or expiration of this Agreement. (2) CITY will evaluate SUBRECIPIENT's management and operation of said program on factors, including but not limited to grant volume, disbursed funds, management, reporting and strategic results with respect to the project expectations as described in Exhibit A. (3) CITY will review the audit of the SUBRECIPIENT to ensure that grant funds are used for authorized purposes in compliance with laws, regulations, and the provisions of contracts or grant agreements under this Agreement, including attachments and exhibits. (4) If action to correct any substandard performance is not taken by the SUBRECIPIENT within a reasonable period after being notified by CITY, suspension or termination procedures may be initiated by CITY. (5) All performance shall be subject to review by the CITY or other regulatory agencies at all times. SUBRECIPIENT shall provide adequate cooperation to any inspector or other CITY representative to permit the same to determine SUBRECIPIENT's conformity with the terms of this Agreement. If any services performed by SUBRECIPIENT are not in conformance with the terms of this Agreement, the CITY shall have the right to require SUBRECIPIENT to perform the services in conformance with the terms of the Agreement at no additional cost. The CITY may also terminate this Agreement for default and charge SUBRECIPIENT for any costs incurred by the CITY because of SUBRECIPIENT's failure to perform. (6) SUBRECIPIENT shall establish adequate procedures for self -monitoring and quality control and assurance to ensure proper performance under this Agreement; and shall permit a CITY representative or other regulatory official to monitor, assess, or evaluate SUBRECIPTENT's performance under this Agreement at any time, upon reasonable notice to SUBRECIPIENT. G. A, ud& . (1) SUBRECIPIENT shall maintain complete and accurate records and supporting documentation to facilitate financial and/or program audits by CITY. This requirement shall.apply to any records and documentation CITY shall reasonably require or as required to be maintained pursuant to the ERA2 regulations. (2) The books and accounts, files, and other records of SUBRECIPIENT, which are applicable to this Agreement, shall be available for inspection, review, and audit during normal business hours by CITY to determine the proper application and use of all ERA2 Funds provided to or for the account or benefit of SUBRECIPIENT. (3) SUBRECIPIENT assumes responsibility for reimbursement to CITY a sum of money equivalent to the amount of any expenditures disallowed should the CITY, or an authorized agency, rule through audit, exception, or some other appropriate means, that expenditures from funds allocated to SUBRECIPIENT for direct and/or administrative costs were not made in compliance with the applicable cost principles, regulations, or the provisions of this Agreement. (4) SUBRECIPIENT agrees to comply with the requirements of OMB Uniform Guidance 2 CFR Part 200. SUBRECIPIENT further agrees to provide CITY with a copy of completed independent auditors' report within thirty (30) days of CITY's request for such report. If the report contains instances of non-compliance with federal laws and regulations that bear directly on the performance or administration of this Agreement, SUBRECIPIENT shall provide CITY copies of responses to auditors' reports, a plan for corrective action, and auditors' response that the noncompliance has been resolved. All reports prepared in accord with the requirements of OMB Uniform Guidance 2 CFR Part 200 shall be available for inspection by representatives of CITY or the federal government during normal business hours. (5) All accounting records, reports, and evidence pertaining to all costs, expenses and the ERA2 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 atthe location where said records and books of account are maintained. H. Ownership/Use of Materials. SUBRECIPIENT agrees that all materials, reports or products in any form, including electronic, created by SUBRECIPIENT for which SUBRECIPIENT has been compensated pursuant to this Agreement shall be the sole property of the CITY. The material, reports, or products may be used by the CITY for any purpose that the CITY deems to be appropriate, including, but not limit to, duplication and/or distribution within the CITY or to third parties. SUBRECIPIENT agrees not to release or circulate in whole or part such materials, reports, or products without prior written authorization of the CITY. I. Close -Out. 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 this Agreement; (2) SUBRECIPIENT must promptly refund any balances of unobligated cash that the CITY paid in advance or paid and that is not authorized to be retained by SUBRECIPIENT for use in other projects (See OMB Circular A-129 and 2 CFR §200.345); and, (3) CITY should complete all closeout actions for the Federal award no later than one year after receipt and acceptance of all required final reports. 11. SUBRECIPIENT'S OBLIGATIONS A. Representations and Warranties. (1) Authority. SUBRECIPIENT is a duly organized and existing nonprofit organization in good standing and authorized to do business under the laws of the State of California. SUBRECIPIENT has full right, power and lawful authority to accept the funding hereunder and to undertake all obligations as provided herein and the execution, performance and delivery of this Agreement by SUBRECIPIENT has been fully authorized by all requisite actions on the part of SUBRECIPIENT. (2) Experience. SUBRECIPIENT is qualified to provide the administrator services for said program detailed herein. (3) Familiarity With Services, Required. By executing this Agreement, SUBRECIPIENT warrants that: (i) it has thoroughly investigated and considered the administrator services to be performed and provided for said program as detailed in Exhibit A; (ii) it has carefully considered how the services should be performed; and, (iii) it fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. (4) 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. (5) No Bankruptcy. SUBRECIPIENT is not the subject of any current or threatened bankruptcy proceeding. (6) 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. (7) Proposal Veracity. All provisions of and information provided in SUBRECIPIENT's management proposal submitted to CITY, including any exhibits, are true and correct in all material respects. (8) 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. Licensing. SUBRECIPIENT agrees to obtain and maintain all required licenses, registrations, accreditation and inspections from all agencies governing its operations. SUBRECIPIENT shall ensure that its staff shall also obtain and maintain all required licenses, registrations, accreditation and inspections from all agencies governing SUBRECIPIENT's operations hereunder. Such licensing requirements include obtaining a City business license, as applicable. CITY shall provide a license to the application software used for the CARES for Tenants Program. C. Zoning. SUBRECIPIENT agrees that any facility/property used in furtherance of said program shall be specifically zoned and permitted for such use(s) and activities. 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. D. Separation of Accounts. All funds received by SUBRECIPIENT from CITY pursuant to this Agreement shall be maintained in an account in a federally insured banking or savings and loan institution with record keeping of such accounts maintained pursuant to applicable 2 CFR 200.302 requirements. SUBRECIPIENT is not required to maintain separate depository accounts for ERA2 Funds; provided however, the SUBRECIPIENT must be able to account for receipt, obligation, distribution and expenditure of ERA2 Funds pursuant to applicable 2 CFR 200.302 requirements. E. Audit Report Requirements. SUBRECIPIENT agrees that if SUBRECIPIENT expends Seven Hundred Fifty Thousand Dollars ($750,000) or more in federal finds, SUBRECIPIENT shall have an annual audit conducted by a certified public accountant in accordance with the standards as set froth and published by the United States Office of Management and Budget. SUBRECIPIENT shall provide CITY with a copy of said audit by April I of the year following the program year in which this Agreement is executed. F. Compliance with Law/Program Income. SUBRECIPIENT acknowledges that the funds being provided by CITY for said program are received by CITY pursuant to the ERA2, and that distribution and expenditure of these ERA2 Funds shall be in accordance with the ERA2 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. Any 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 and administration of said program, whether or not referred to in this Agreement. G. 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 E "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. H. 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 or its representatives, all records requested, including audit, examinations, monitoring and verifications of reports submitted by SUBRECIPIENT, costs incurred and services rendered hereunder, I. 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. J. Violation of Terms and Conditions. SUBRECIPIENT agrees that if SUBRECIPIENT violates any of the terms and conditions of this Agreement or any prior Agreement whereby ERA2 Funds were received by SUBRECIPIENT, or if SUBRECIPIENT reports inaccurately, or if on audit there is a disallowance of certain expenditures, SUBRECIPIENT agrees to remedy the acts or omissions causing the disallowance, and repay CITY all amounts spent in violation thereof. If SUBRECIPIENT engaged in fraudulent activity to obtain and/or justify distribution or expenditure of the ERA2 Funds granted hereunder, SUBRECIPIENT shall be required to reimburse the CITY of all such funds that were obtained, distributed and/or spent under fraudulent circumstances. K. Fraud. SUBRECIPIENT shall immediately report all suspected or known instances and facts concerning possible fraud, abuse or criminal activity related to said program for the ERA2 Funds under this Agreement. L. Prohibited Use. SUBRECIPIENT hereby certifies and agrees that it will not use ERA2 Funds provided through this Agreement to pay for entertainment, meals or gifts, or other prohibited uses. M. Lobbying. SUBRECIPIENT certifies that it will comply with federal law (31 U.S.C. 1352) and regulations found at 24 CFR Part 87, which provide that no appropriated funds may be expended by the recipient of a federal contract, grant, loan or cooperative agreement to pay any person for influencing or attempting to influence an officer or employee of any agency, Member of Congress, or an officer or employee of a Member of Congress in connection with awarding of any federal contract, the making of any federal grant or loan, entering into any cooperative agreement and the extension, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. SUBRECIPIENT shall sign a certification to that effect in a form as set forth in Exhibit F, attached hereto and by this reference incorporated herein. SUBRECIPIENT shall submit said signed certification to CITY prior to performing any of its obligations under this Agreement and prior to any obligation arising on the part of CITY to pay any sums to SUBRECIPIENT under the terms and conditions of this Agreement. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contact, grant, loan, or cooperative agreement, the undersigned shall complete and submit a "Disclosure Form to Report Lobbying," in accordance with its instructions (Exhibit F), N. Financial Interest. SUBRECIPIENT agrees that except for the use of administrative fees to pay salaries and other related administrative or personnel costs, no persons who exercise or have exercised any function with respect to administering said program under the terms of this Agreement, or who are in a position to participate in a decision -making process or gain inside information with regard to the administration of said program, may obtain a financial interest or benefit from said program, either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter. This prohibition applies to any person who is an employee, agent, consultant, officer, or elected or appointed official of CITY, or of any designated public agency, or the SUBRECIPIENT. 0. Labor Standards. The SUBRECIPIENT agrees to comply with the requirements of the Secretary of Labor in accordance with the Davis -Bacon Act as amended, the provisions of Contract Work Hours and Safety Standards Act (40 U.S.C. 327 et seq.) and all other applicable Federal, state and local laws and regulations pertaining to labor standards insofar as those acts apply to the performance of this Agreement. The SUBRECIPIENT agrees to comply with the Copeland Anti -Kick Back Act (18 U.S.C. 874 et seq.) and its implementing regulations of the U.S. Department of Labor at 29 CFR Part 5. The SUBRECIPIENT shall maintain documentation that demonstrates compliance with hour and wage requirements of this part. Such documentation shall be made available to the CITY for review upon request. P. Equal Employment Opportunities. SUBRECIPIENT shall make every effort to ensure that all projects funded wholly or in part by ERA2 Funds shall provide equal employment opportunities for minorities and women. Q. Women and Minority -Owned Businesses (W/MBE). SUBRECIPIENT will use its best efforts to afford small businesses, minority business enterprises, and women's business enterprises the maximum practicable opportunity to participate in the performance of this Agreement in accordance with the requirements of 2 CFR 200.321 "Contracting with small and minority businesses, women's business enterprises, and labor surplus area firms". As used in this Agreement, the term "small business" means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and "minority and women's business enterprise" means a business at least fifty-one percent (51%) owned and controlled by minority group members or women. For the purpose of this definition, "minority group members" are African -Americans, Spanish-speaking, Spanish surnamed or Spanish -heritage Americans, Asian - Americans, and American Indians. SUBRECIPIENT may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation. R. Drug Free Workplace. SUBRECIPIENT agrees to provide a drug -free workplace and to execute a certification as set forth in Exhibit G attached hereto and incorporated herein by this reference. S. 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. III. CITY'S OBLIGATIONS A. Audit of Account. CITY shall include an audit of the account maintained by SUBRECIPIENT in CITY's audit of all ERA2 Funds in accordance with Title 24 of the Code of Federal Regulations and other applicable federal laws and regulations. B. Common Rule: Pursuant to 2 CFR 200.328(a), the CITY manages the day-to-day operations of each grant and subgrant supported activities. CITY staff has detailed knowledge of the grant program requirements and monitors grant and subgrant supported activities to assure compliance with federal requirements. Such monitoring covers each program, function and activity and performance goals are reviewed periodically. C. Project Expectations: CITY shall monitor the performance of SUBRECIPIENT against goals and performance standards required herein. The SUBRECIPIENT shall be 10 responsible to accomplish the project expectations asset forth in Exhibit A, and report such results to the CITY. If the SUBRECIPIENT estimates such goals will not be met, the SUBRECIPIENT is to contact the CITY, at which time the CITY will determine if any adjustments to the grant award is appropriate. Substandard performance as determined by the CITY will constitute non- compliance with this Agreement. Should the CITY determine that the SUBRECIPIENT has not performed its obligations as stated in this contract in a satisfactory manner, or if the CITY determines that insufficient supporting information has been submitted, the CITY shall notify the SUBRECIPIENT in writing of its determination specifying in full detail the objections that it has to the SUBRECIPIENT's performance. If action to correct such substandard performance is not taken by the SUBRECIPIENT after being notified by the CITY, within a reasonable period of time as stipulated in the written notification, contract suspension or termination procedures will be initiated. IV. GENERAL PROVISIONS A. Non -Discrimination. 1. 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. 2. SUBRECIPIENT agrees to comply with Title VI of the Civil Rights Act of 1964, which indicates that no person shall, on the ground of race, color or national origin, be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program of activity receiving federal financial assistance. 3. No person shall, on the grounds of race, sex, creed, color, religion, marital status, national origin, age, sexual orientation, or physical or mental handicap be excluded from participation in, be refused the benefits of, or otherwise be subject to discrimination in any activities, programs or employment supported by this Agreement. SUBRECIPIENT is prohibited from discrimination on the basis of age or with respect to an otherwise qualified handicapped person as provided for under Section 109 of the Housing and Community Development Act of 1974, as amended. 4. SUBRECIPIENT agrees to comply with the Age Discrimination Act of 1975, which requires that during the performance of this Agreement, SUBRECIPIENT agrees not to discriminate against any employee or applicant for employment because of age. Such action shall include, but not be limited to the following: employment upgrading, demotion, or transfer, rates of pay or other forms of compensation, and selection for training, including apprenticeship. SUBRECIPIENT agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the SUBRECIPIENT setting forth the provisions of this age discrimination clause. 5. 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. B. Conflict of Interest, Pursuant to the conflict of interest requirements set forth in 24 CFR 570.611 and 2 CFR 200.112, SUBRECIPIENT certifies that no member, officer, employee, agent or assignee of CITY having direct or indirect control of any ERA2 Funds granted to the CITY, inclusive of the subject ERA2 Funds, shall serve as an officer of SUBRECIPIENT. Further, any conflict or potential conflict of interest of any officer of SUBRECIPIENT shal I 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. C. Special Certification for Religious Entities. If SUBRECIPIENT is a religious entity, SUBRECIPIENT hereby agrees that in connection with the provision of the services SUBRECIPIENT shall provide with ERA2 Funds, in accordance with 24 CFR 570.200G): 1. SUBRECIPIENT shall not discriminate against any employee or applicant for employment on the basis of religion and shall not limit employment or give preference in employment to persons on the basis of religion. 2. SUBRECIPIENT shall not discriminate against any person applying for the services SUBRECIPIENT agrees to provide under• the terms of this Agreement on the basis of religion and shall not limit such services or give preference to applicants for such services on the basis of religion. 3. 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 funds by SUBRECIPIENT with applicable constitutional limitations respecting the establishment of religion as set forth in the establishment clause under the First Amendment of the United States Constitution and Article I, Section 4 of the California Constitution, and is not in any manner intended to restrict other activities of SUBRECIPIENT. 4. The portion of a facility used to provide public services assisted in whole or in part under this Agreement shall contain no sectarian or religious symbols. 5. Where the services to be provided under said program are rendered on property owned by the primarily religious entity SUBRECIPIENT, ERA2 Funds may also be used for minor repairs to such property, which are directly related to the cost of rendering the services under said 12 program, where the cost constitutes in dollar terms only an incidental portion of the ERA2 expenditure for rendering the services under said program. D. Prohibition of Nepotism. SUBRECIPIENT agrees not to hire or permit the hiring of any person to fill a position funded through this Agreement if a member of that person's immediate family is employed in an administrative capacity by SUBRECIPIENT. For the purposes of this section, the term "immediate family" means spouse, child, mother, father, brother, sister, brother-in- law, sister-in-law, father-in-law, mother-in-law, son-in-law, daughter-in-law, aunt, uncle, niece, nephew, stepparent and stepchild. The term "administrative capacity" means having selection, hiring, supervisor or management responsibilities. E. 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 Steven Mendoza Executive Director Community Development Agency 20 Civic Center Plaza P.O. Box 1988 Santa Ana, California 92702-1988 TO SUBRECIPIENT: Lutheran Social Services of Southern California 247 East Amerige Avenue Fullerton, CA 92832 Tel:(714)244-4263 F. Assignability. None of the duties of, or work to be performed by, SUBRECIPIENT under this Agreement shall be subcontracted or assigned to any agency, consultant, or person without the prior written consent of CITY. SUBRECIPIENT must submit all subcontracts and other agreements that relate to this Agreement to CITY, No subcontract or assignment shall terminate or alter the legal obligations of SUBRECIPIENT pursuant to this Agreement. G. Indemnification/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 defend, indemnify and save harmless CITY, its officers, employees, agents, representatives and volunteers from and against any and all claims, demands, suits, actions or proceedings of any kind or nature, including, but not by way of limitation, workers compensation claims and including attorney fees and reasonable expenses for litigation or settlement, resulting from or arising out of the negligent or wrongful acts, errors or omissions of SUBRECIPIENT, its officers, directors, employees, agents, subcontractors and suppliers arising out of SUBRECIPIENT's performance of this Agreement. 13 H. Insurance. 1. Commercial General Liability. SUBRECIPIENT agrees to obtain and keep in force during the term of this Agreement a policy of comprehensive commercial public liability insurance insuring the CITY, and SUBRECIPIENT against any liability for accident, injury or death arising out of or in consequence of this Agreement. Such insurance shall be in an amount not less than One Million Dollars ($1,000,000.00) for any injury to or death of any person or persons in any single accident or occurrence, Said policy of comprehensive liability insurance shall be endorsed to provide to CITY at least thirty (30) days written notice prior to cancellation; name CITY, its officers, agents, employees, and volunteers, additional insured; and state that such coverage is primary to any other coverage or self-insurance and CITY. Governmental entities may provide proof of self-insurance. (a) Such insurance shall: (1) name the City of Santa Ana, its officers, agents, representatives, employees and volunteers as additional insured's; (2) be primary with respect to insurance or self-insurance programs maintained by the CITY; (3) contain standard separation of insured's provisions; and (4) give to CITY prompt and timely notice of claim made or suit instituted arising out of SUBRECIPIENT's operations hereunder. (b) SUBRECIPIENT shall: (1) prior to exercising any right under this Agreement, furnish properly executed certificates of insurance and additional insured endorsement to the CITY which shall clearly evidence all coverages required above; (2) provide that such insurance shall not be materially changed or terminated except on 30 days prior written notice to the CITY; (3) maintain such insurance for the period covered by this Agreement; and (4) replace such certificates for policies expiring prior to the expiration of this Agreement. (i) Certificates shall list the City as a Certificate Holder as follows: City of Santa Ana Risk Management Division 20 Civic Center Plaza, 4th Floor Santa Ana, CA 92701 2. Automobile Liability Coverage. SUBRECIPIENT shall also obtain and maintain, during the effective period of this Agreement, broad form automobile liability coverage with a $1,000,000 limit unless reduced by CITY, which applies to both owned/leased and non - owned automobiles used by SUBRECIPIENT employees or participants in performance of this Agreement, or, in the event that SUBRECIPIENT will not utilize such owned/leased automobiles but intends to require employees, participants or other agents to utilize their own automobiles in the performance of this Agreement, SUBRECIPIENT shall secure and maintain on file from all such employees, participants, or agents as self -certification of automobile insurance coverage. Governmental entities may provide proof of self-insurance. 3. Workers' Compensation. If SUBRECIPIENT is an "employer", as set forth in California Labor Code Section 3300 et seq., or utilizes participants as "employees," as set forth 14 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. Proof of Insurance. Certificates and endorsements must be submitted and approved by CITY prior to any work under this Agreement. SUBRECIPIENT understands that CITY will make no payments under this Agreement until the required certificates and endorsements have been approved by CITY. Termination. 1. 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. 2. 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 ERA2 Funds. In the event of such suspension or termination, SUBRECIPIENT shall only be entitled to reimbursement for approved expenses incurred up to the effective date of suspension or termination. 3. 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 tenmination thereof, including the payment of money, except for payment for approved expenses incurred for services satisfactorily and timely performed prior to the mailing or service of the notice of termination, and except for reimbursement of: (1) any payments made for services not subsequently performed in a timely and satisfactory manner; and, (2) costs incurred by CITY in obtaining substitute performance. 4. The grant of funds under this Agreement may be terminated for convenience by either the CITY or SUBRECIPIENT, in whole or in part, by setting forth the reasons for such termination, the effective date, and, in the case of portion termination, their portion to be terminated. However, if in the case of a partial termination, the CITY determines that the remaining portion of the award will not accomplish the purpose for which the award was made, the CITY may terminate the award in its entirety. 5. 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 Exhibit A or failure to meet the project expectations set forth in Exhibit A. 15 6. The grant of funds under this Agreement maybe terminated due to the failure of the CITY to receive sufficient or anticipated funding for the ERA2 program for any term subject to this Agreement. 7. In the event this Agreement is terminated as set forth in subparagraphs 1(1) through I(6), 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 the Reversion of Assets requirements in this Agreement. J. Limitation of Funds. The United States of America may in the future place programmatic or fiscal limitations on the use of ERA2 Funds, which limitations are not presently anticipated. Accordingly, CITY reserves the right to revise this Agreement in order to take account of actions affecting ERA2 funding. In the event of funding reduction, CITY may, in its sole and absolute discretion, reduce the budget of this Agreement, may limit the rate of SUBRECIPIENT's authority to disburse funds, or may restrict SUBRECIPIENT's use of uncommitted funds. Where CITY has been directed to implement a reduction in funding, with respect to finding for this Agreement, CITY's City Manager or delegate Is authorized to act for CITY in implementing and effecting such a reduction and in revising, modifying, or amending the Agreement for such purposes. If such a reduction in funding occurs, SUBRECIPIENT shall be pennitted to de -scope accordingly. Where CITY has reasonable grounds to question SUBRECIPIENT's fiscal accountability 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 ERA2 Funds withdrawal guidelines. K. 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 ERA2 Funds by SUBRECIPIENT and contains all the covenants and agreements between the parties with respect to SUBRECIPIIENT's administration of said program. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement or amendment hereto shall be effective unless executed in writing and signed by both CITY and SUBRECIPIENT. L. Laws Governin to his 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. M. 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 16 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the last date and year written below. ATTEST: . CIFIA ROOM APPROVED AS TO FORM: SONIA R. CARVALHO City Aacpey n 0 City FOR APPROVAL: STEVEN MENDOZA Executive Director Community Development Agency 18 CITY OF SANTA ANA KRISTINE RIDGE City Manager SUBRECIPIENT: d kvx c i- r. a harnda Beckwith President & Chief Executive Officer DUNS #: 198953929 of such prohibition or invalidity, without invalidating the remainder of such provisions of this AGREEMENT. N. Waiver. No delay or omission by either patty 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. 0. Federal Award Identification Information. SUBRECIPIENT's pertinent Federal Award Identification Information, including DUNS Number and Federal Award Identification Number (FAIN), as well as the applicable information for the ERA2, are included in Exhibit D attached hereto and incorporated herein by this reference. P. Miscellaneous Provisions. 1. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully, including reasonable costs and attorney's fees, for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 2. All Exhibits and Attachments referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 3. This Agreement must be signed below and may be signed in counterpart and delivered by fax, email as a PDF (Portable Document Format) file attachment, or by other means that displays the original or a copy of the signatures. Any subsequent amendments may be signed and delivered in the same manner. {Signatures on followingpage) 17 EXHIBIT A SCOPE OF WORK 19 City of Santa Ana ERA2 Scope of Work August 1, 2021 - March 31, 2022 Name of Organization Lutheran Social Services of Southern California ("Lutheran Social Services") Name of Funded. Program CARES for Tenants Performance Goal Unduplicated ParticlRaants antici ated to be served during the 8-month Schedule of Performance. 298�Td7AL 298 Santa Ana Pa ticipants 100°/, 298 Low Incoma Particl ants I00"/° Schedule of Performance Unduplicated (estimated) Month 1: AUG 1 - AUG 31 Month 2: SEP 1 - SEP 30 Month 3: OCT 1 - OCT 31 Month 4: NOV 1 - NOV 30 Month 5: DEC 1 - DEC 31 Month 6: JAN 1 - JAN 31 Month 7: FEB 1 - FEB 28 Month 8: MAR 1 - MAR 31 Program and Funding Description Administrative Costs $ 15,341.59 $ 15,341.59 15,341.59 $ 15,341,59 $ 15,341.59 $ 16,341.69 $ 16,341.59 $ 15341.59 $ 122,732,70 Families at risk of homelessness due to a financial crisis because of COVID-19 are eligible for a one-time payment of 100% of their rental arrears/past due rent awed since April 1, 2020, payable to their landlord on their behalf or directly to the family if the landlord refuses to participate. -Lutheran Social Services will prioritize new applicants according to Area Median Income (AMI), with 50% AMI resident applications being reviewed first. -Lutheran Social Services will administer $1,490,325.60 in direct financial assistance for approximately 298 families. The total assistance available per household is equal to 100% of their rental arrears/past due rent owed since April 1, 2020, up to a maximurn of 15 months. The number of 298 families to be assisted assumes that the average rental arrears per family equals $5,000 per household. The total number of families assisted will vary according to the total amount of past due rent approved per household. -Lutheran Social Services will assist households with rental arrears/past due rent due to the COVID-19 global pandemic up to the maximum amount of $1,490,325.60 in direct financial assistance by providing a one-time payment for past due rent, -Direct assistance may only be approved in compliance with Section 3201(a) of the American Rescue Plan Act of 2021, the Department of Treasury's Frequently Asked Questions, and the CARES for Tenants Program Guidelines and Frequently Asked Questions established for the Program, Eligibility Criteria: -Santa Ana resident with an obligation to pay rent -Household income below 80% of the area median income (with a priority for residents with income below 50% of the Area Median Income) -A household member that has a reduction of income or other financial hardship due to COVID-19 -At risk of experiencing homelessness or housing Instability Program Details; -Residents will apply online via the Neighborly Software application portal available on the City of Santa Ana's website following the CARES for Tenants Program Guidelines and Frequently Asked Questions. -Lutheran Social Services will determine the eligibility of applicants for the program, including; application review; eligibility verification; collection of required supporting documentation; communication/coordination EXHIBIT A with the applicant; coordination with the applicant's landlord for the tenant's lease/sublease agreement, past due rent amount, and rent ledger; general determination of eligibility of the applicant, -Lutheran Social Services is responsible to ensure that each tenant is qualified and determined eligible in compliance with Section 3201(a) of the American Rescue Plan Act of 2021, the Department of Treasury's Frequently Asked Questions, and the CARES for Tenants Program Guidelines and Frequently Asked Questions established for the Program. -After the family Is determined eligible, Lutheran Social Services will approve the applicant for assistance in the Neighborly Software application portal and the City will send the approved application information to the United Way of Orange County who will act as the payor and make payment to the tenant's landlord on behalf of the tenant after all required landlord documentation/information is received. The United Way of Orange County will make payment to the tenant if the landlord refuses to participate in the program. Lutheran Social Services will submit invoices for reimbursement of administrative expenses on a monthly basis -ERAP funding will generally be used for administrative expenses for Lutheran Social Services to determine the eligibility of tenants for $1,490,325,60 in direct financial assistance, Reporting Details: -Lutheran Social Services will provide weekly updates (performance reports) to the City and will ensure that all applicant information is correct, complete and curent for all applications assigned to them in Neighborly Software, Lutheran Social Services will monitor the payment approvals such that no more than $1,490,325.60 in direct financial assistance Is approved for eligible tenants. Any additional payments approved by Lutheran Social Services beyond $1,490,325.60 in direct financial assistance will be charged back to Lutheran Social Services as an administrative expense, ON6113YZ1 COMPENSATION/PAYMENT 20 PROGRAM BUDGET Organization Name Lutheran Social Services of Southern California ("Lutheran Social Services") Program Name CARES for Tenants EXPENDITURES Enter budget categories and projected expenditures for the proposed program: Expenditures Funded By Expenditures Total Santa Ana Funded By Program Organization Category ERAP Other Sources Budget Budget Administrative costs attributable to providing Direct Financial Assistance $122,732 $122,732 $ 122,732 $0$ 1 $0$ TOTAL BUDGET $122,732 $0 $122,732 $122,732 PROGRAM RESOURCES LIST ALL OTHER PROGRAM RESOURCES Funding Source Total must equal Program Budget Total listed above, FUNDING SOURCE AMOUNT Santa Ana ERAP $ 122,732 TOTAL $ 122,732 EXHIBIT B ERA2 BUDGET LINE ITEMS ADMINISTRATIVE STAFF Position Title Annual Salary & Benefits ERAP Funds Requested Description Application review; eligibility verification; collection of required supporting documentation; Administrative costs communication/coordination with the applicant; attributable to approving $ 122'732 coordination with the applicant's landlord forthe families for Direct Financial tenant's lease/sublease agreement, past due rent Assistance amount, and rent [edger; general determination of eligibility of the applicant; and administrative fee to staff the program PROGRAM STAFF Position Title Annual Salary & Benefits ERAP Funds Requested Description CONTRACTUAL/PROFESSIONAL SERVICES Type of Service contract Amount ERAP Funds Requested Description OTHER LINE ITEMS Line Item Program Amount ERAP Funds Requested Description ZM EI= EXHIBIT C PROJECT SCHEDULE (Estimated) Month 1: AUG 1 -AUG 31 Month 2: SEP 1 - SEP 30 Month 3: OCT 1 - OCT 31 Month 4: NOV 1 - NOV 30 Month 5: DEC 1 - DEC 31 Month 6: JAN 1 - JAN 31 Month 7: FEB 1 -FEB 28 Month 8: MAR 1 -MAR 31 21 FAIN INFORMATION A. CONTRACTOR Name: Lutheran Social Services of Southern California B. CONTRACTOR'S Unique 198953929 Identifier (D-U-N-S): Federal Award C. Identification Number (FAIN): D. Federal Award Date: May 10, 2021 Subaward Period of -m August 1, 2021—March 31, 2022 Performance: Total Amount of Federal F. Funds Obligated by the $1,613,058.30 Action: Total Amount of Federal G. Funds Obligated to the $1,613,058.30 CONTRACTOR: H. Total Amount of the $14,026,593 Federal Award: I Federal Award Project Department of Treasury Emergency Rental Assistance Description: Program 1 Federal Awarding Agency: U.S. Department of the Treasury K. Name of PTE: L Contact Information for the Judson Brown, Housing Division Manager Awarding Official: Phone Number: (714) 667-2241 E-mail Address: ibrownasanta-ana.org M. CFDA Number: 21.023 CFDA Name: Department of Treasury Emergency Rental Assistance Program N. Whether Award is R&D: No O' Indirect Cost Rate for the N/A Federal Award: 22 EXHIBIT E DEBARMENT 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 Register (pages 19160-19211). (BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS FOR CERTIFICATION - Attached) (1) 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. �6ir. LR .��r /F2N �A 1 ..c.k....J t'�1... j r srda.�7y G'A, , i✓x¢c�7`r �e C7�Fceh Name and Titl"f Authorized Renresentative Date 23 rij j-11 INSTRUCTIONS FOR CERTIFICATION By signing and submitting this proposal, the prospective recipient of federal assistance funds 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 further 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. A participant in a covered transaction may rely upon a certification of 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. S. 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. PM EXHIBIT F LOBBYING Certification Regarding Lobbying Certification for Contracts„ Grants„ Loans. and Cooperative Agreements 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 3I, 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. Grantee/Contactor Organization MI. Le- Sh".yb+ S2 Name of Certifying Officer Q Program Title Date 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 Government, the DOL may pursue available remedies, including suspension and/or debarment. 25 SUBRECIPIENT warrants the following: 1. SUBRECIPIENT will comply with Public Law 88-352, Title VI of the Civil Rights Act of 1964 (42 U. S. C. section 2000 et seq.) and implementing regulation in 24 CFR Part 1. 2. No person in the United States shall on the ground of race, color, religion, national origin, or sex, be excluded from participation in, or be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with community development funds made available pursuant to the ACT. 3. All laborers and mechanics, employed by contractors or subcontractors in the performance of construction work financed in whole or in part with community development funds shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined in accordance with the Davis -Bacon Act, as amended, 40 U. S. C. Sections 276 a 1-5, except for individuals who perform services for which they volunteered; do not receive compensation for such services; or are paid expenses, reasonable benefits, or a nominal fee for such services; and are not otherwise employed at any time in construction work. 4. SUBRECIPIENT will comply with all Federal statutes applicable to projects funded with community development funds, except that (a) SUBRECIPIENT does not assume CITY'S environmental responsibilities described at 24 CFR 570.604; and (b) SUBRECIPIENT does not assume CITY'S responsibility for initiating the review process under Executive Order 12372. 27 EXHIBIT G DRUG -FREE WORKPLACE Certification Regarding Drug -Free Workplace Requirements The certification set out below is a material representation upon which reliance is placed by the U.S. Department of ]-lousing 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 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 tinder the contract, the employee will - (1) Abide by the terms of the statement; and (2) Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction. (e) Notifying the U.S. Department of Housing and Urban Development within ten days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such conviction; al (f) Taking one of the following actions, within 30 days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted - ( 1) Taking appropriate personnel action against such an employee, up to.and including termination; or (2) Requiring such employee to participate satisfactorily in a drug. abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; (g) Making a good faith effort to continue to maintain a drug -free workplace through implementation of paragraphs (a), (b), (c), (d), (e) and (0. 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. Date 29 PLACE OF PERFORMANCE FOR CERTIFICATION REGARDING DRUG -FREE WORKPLACE REQUIREMENTS Name: Sac,,_C Servo-s o f So jj� "sue (aS f�-r,c. Date: $`,I % 4-1 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): 10 L/ 3 a. A.? i r S . Grr Aja ' C IL ye e-,a gawyo 30 EXHIBIT H U.S. DEPARTMENT OF THE TREASURY EMERGENCY RENTAL ASSISTANCE (ERA2) AGREEMENT 31 DocuSlgn Envelope ID: EB99EC9B-ABB4.4868-8206-013A01AFF1 FS UMI3 Approecd No.: 1505-0270 U.S. DEPARTMENT OF THE TREASURY Expiration Date: 1013112021 EMERGENCY RENTAL ASSISTANCE Eligible grantee name and address: DUNS Number: 083153247 City of Santa Ana Taxpayer Identification Number: 956000785 20 Civic Center Plaza Assistance Listing Number and Title: 21.023-Emergency Rental Assistance Santa Ana, California, 92701-0000 Program Section 3201(a) of the American Rescue Plan Act of 2021, Pub. L. No. 117-2 (March 11, 2021), authorizes the Deportment of the Treasury ("Treasury") to make payments to certain eligible grantees to be used to provide emergency rental assistance. The eligible grantee hereby agrees, as a condition to receiving such payment from Treasury, to the terms attached. hereto. —Docuftned by: 6s+ivj, fit. (To be signed by chiefexeculive Authorized Representative Name: Authorized Representative Title: Date Signed: U.S. Department of the Treasury: ifrecipient is a local government.) '.Came of Authorized Representative Iacab Lettbenluft Tide Counselor to title 5ecretary Dare 513 2021 Kristine Ridge City Manager 5/1012021 PAPERWORK REDUCTION ACT NOTICE: The information collected will be used for the U.S. Government to process requests for support The estimated burden associated with this collection of information is 15 minutes per response. Comments concerning the accuracy of this burden estimate and suggestions for reducing this burden should be directed to the Office of Privacy, Transparency and Records, Department ofthe Treasury, 1500 Pennsylvania Ave., N.W., Washington, D.C. 20220. DO NOT send the form to this address. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a valid control number assigned byOMB. PRIVACY ACT STATEMENT AUTHORITY:Solicitation of this information is authorized by the American Rescue Plan Act of 2021, Title In, Pub. L. No, 117-2. PURPOSE:Tremury Is required by the American Rescue Plan Act of2021 to identify eligible grantees/recipients to provide emergency rental assistance to individuals who qualify fur relief under the Act. Eligible gmoteestrecipients arc slate, local, and territorial governments which identify households requiring wlicf according to requirements contained in the Act. Treasury maintains contact information for authorized representatives and contact persons for the purpose of communicating with eligible grantees regarding issues related to implementation of the Act. ROUTINE USES:The information you furnish may be shared in accordance with the routine uses outlined in the Treasury's system orrecords notice, Treasury .017 - Correspondence and Contact Information, which can be found at 81 FIR 78266 (Nov. 7, 2016). DISCLOSURE: Disclosure of this Information to Treasury is required in order to comply with the requirements the American Rescue Plan Act of2021. Disclosure of this information is voluntary, however, grantees/recipients that do not disclose contact information will be unable to communicate with Treasury on issues related to their obligations under die Act and this may affect the status of their award. DocuSign Envelope ID: EB99EC98-ABB4-4858.B208.013A01AFF1FB ONM Apprm ed No.: 1505-0270 U.S. DEPARTMENT OF THE TREASURY Expiration Date: 10/3l/2021 EMERGENCY RENTAL ASSISTANCE AWARD TERMS AND CONDITIONS 1. Use of Funds. Recipient understands and agrees that the funds disbursed under this award may only be used for the purposes set forth in subsection (d) of section 3201 of the American Rescue Plan Act of 2021, Pub, L. No. It 7-2 (March 11, 2021) ("Section 320I") and any guidance issued by Treasury regarding the Emergency Rental Assistance program established under Section 3201 (the "Guidance"), 2. Reallocation of Funds. Recipient understands and agrees that any funds allocated by Treasury to Recipient that are not disbursed to Recipient in accordance with Section 3201(c)(2) as a subsequent payment will be reallocated by Treasury to other eligible recipients under Section 320l(e). Such reallocation of funds shall be made in the manner and by the date, which shall be no sooner than March 3 I, 2022, as may be set by Treasury. Recipient agrees to obligate at least fifty. (50) percent of the total amount of funds allocated by Treasury to Recipient under Section 3201 to be eligible to receive reallocated funds under Section 3201(e). 3. Assistance to Elieible Households. Recipient agrees to permit eligible households (as defined in Section 3201(f)(2)) to submit applications for financial assistance directly to Recipient, and to receive financial assistance directly from Recipient, under programs established by Recipient using funds disbursed under this award. Recipient may make payments to a landlord or utility provider on behalf of an eligible household, but if the landlord or utility provider does not agree to accept such payment after Recipient makes reasonable efforts to obtain its cooperation, Recipient must make such payments directly to the eligible household for the purpose of making payments to the landlord or utility provider. 4. Period of Performance. The period of performance for this award begins on the date hereof and ends on September 30, 2025. Recipient shall not incur any obligations to be paid with the funding from this award after such period of performance ends. 5. Administrative costs a. Recipient may use funds provided to the Recipient to cover both direct and indirect costs. b. The total of all administrative costs, whether direct or indirect costs, may not exceed 15 percent of the total amount of the total award. 6. Renorting.Recipient agrees to comply with any reporting obligations established by Treasury as related to this award. Recipient acknowledges that any such information required to be reported pursuant to this section may be publicly disclosed. 7. Maintenance of and Access to Records. a. Recipient shall maintain records and financial documents sufficient to support compliance with Section 3201 and the Guidance. b. The Treasury Office of Inspector General and the Government Accountability Office, or their authorized representatives, shall have the right of access to records (electronic and otherwise) of Recipient in order to conduct audits or other investigations. c, Records shall be maintained by Recipient for a period of five (5) years after the period of performance. 8. Cost Sbaring.Cost sharing or matching funds are not required to be provided by Recipient. 9. Compliance with Applicable Law and Regulations. a. Recipient agrees to comply with the requirements of Section 3201 and the Guidance. Recipient also agrees to comply with all other applicable federal statutes, regulations, and executive orders, and Recipient shall provide for such compliance in any agreements it enters into with other parties relating to this award. b. Federal regulations applicable to this award include, without limitation, the following: i. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 C.F,R. Part 200, other than such provisions as Treasury may determine are inapplicable to this Award and subject to such exceptions as may be otherwise provided by Treasury. Subpart F — Audit Requirements of the Uniform Guidance, implementing the Single Audit Act, shall apply to this award. ii. Universal Identifier and System for Award Management (SAM), 2 C.F.R. Part 25 and pursuant to which the award term set forth in Appendix A to 2 C.F.R. Pad 25 is hereby incorporated by reference. DocuSign Envelope ID; E699EC98-ABB44858-B206.013A01AFF1FB M. Repotting Subaward and Executive Compensation Information, 2 C.F.R. Part 170, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 170 is hereby incorporated by reference. iv. OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement), 2 C.F.R. Part 190 including the requirement to include a term or condition in all lower tier covered transactions (contracts and subcontracts described in 2 C.F.R, Part 190, subpart B) that the award is subject to 2 C.F.R. Part 180 and Treasury's implementing regulation at 31 C.F.R. Part 19, v. Recipient Integrity and Performance Matters, pursuant to which the award term set forth in 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated by reference. vi. Governmentwide Requirements for Drug -Free Workplace, 31 C.F.R. Part 20. vii. New Restrictions on Lobbying, 31 C.F.R. Part 21. c. Statutes and regulations prohibiting discrimination applicable to this award, include, without limitation, the following: I. Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d at seq.) and Treasury's implementing regulations at 31 C.F.R. Part 22, which prohibit discrimination on the grounds of race, color, or national origin under programs or activities receiving federal. financial assistance; ii. The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 at seq.), which prohibits discrimination in housing on the basis of race, color, religion, national origin, sex, familial status, or disability; III. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of disability under any program or activity receiving or benefitting from federal financial assistance; iv. The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 at seq.) and Treasury's. implementing regulations at 31 C.F.R. Part 23, which prohibit discrimination on the basis of age in programs or activities receiving federal financial assistance; and v. Title 11 of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ 12101 at seq.), which prohibits discrimination on the basis of disability under programs, activities, and services provided or made available by state and local governments or instrumentalities or agencies thereto. 10. False Statements. Recipient understands that false statements or claims made in connection with this award is a violation of federal criminal law and may result in fines, imprisonment, debarment from participating in federal awards or contracts, and/or any other remedy available by law. 11. Conflicts of Interest. Recipient understands and agrees it must maintain a conflict of interest policy consistent with 2 C.F.R. § 200.318(a), and that such conflict of interest policy is applicable to each activity funded under this award. Recipients and subrecipients must disclose in writing to Treasury or the pass -through agency, as appropriate, any potential conflict of interest affecting the awarded funds in accordance with 2 C.F.R. § 200.112. 12, Publications. Any publications produced with funds from this award must display the following language: "This project (is being] [was] supported, in whole or in part, by federal award number [enter project FAIN] awarded to [name of Recipient] by the U.S. Department of the Treasury" l3. Debts Owed the Federal Government. a. Any funds paid to Recipient (1) in excess of the amount to which Recipient is finally determined to be authorized to retain under the terms of this award; (2) that are determined by the Treasury Office of Inspector General to have been misused shall constitute a debt to the federal government. b. Any debts determined to be owed the federal government must be paid promptly by Recipient. A debt is delinquent if it has not been paid by the date specified in Treasury's initial written demand for payment, unless other satisfactory arrangements have been made. Interest, penalties, and administrative charges shall be charged on delinquent debts in accordance with 31 U.S.C. § 3717 and 31 C.F.R. § 901.9. Treasury will refer any debt that is more than 180 days delinquent to Treasury's Bureau of the Fiscal Service for debt collection services. DocuSlgn Envelope ID: EB99EC9B-ABB4.4858-B200.013A01AFF1 FB C. Penalties on any debts shall accrue at a rate of not more than 6 percent per year or such other higher rate as authorized by law. Administrative charges, that is, the costs of processing and handling a delinquent debt, shall be determined by Treasury. 14. Disclaimer. a. The United States expressly disclaims any and all responsibility or liability to Recipient or third persons for the actions of Recipient or third persons resulting in death, bodily injury, property damages, or any other losses resulting in any way from the performance of this award or any other losses resulting in any way from the performance of this award or any contract, or subcontract under this award. b. The acceptance of this award by Recipient does not in any way constitute an agency relationship between the United States and Recipient. 15. Protections for Whistleblowers. a. In accordance with 41 U.S.C. § 4712, Recipient may not discharge, demote, or otherwise discriminate against an employee as a reprisal for disclosing information to any of the list of persons or entities provided below that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority relating to a federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal contract (including the competition for or negotiation of a contract) or grant. b. The list of persons and entities referenced in the paragraph above includes the following: i. A member of Congress or a representative of a committee of Congress; ii. An Inspector General; Ill. The Government Accountability Office; iv. A Treasury employee responsible for contract or grant oversight or management; v. An authorized official of the Department of Justice or other law enforcement agency; vi. A court or grand jury; and/or vii. A management official or other employee of Recipient, contractor, or subcontractor who has the responsibility to investigate, discover, or address misconduct. c. Recipient shall inform its employees in writing of the rights and remedies provided under this section, in the predominant native language of the workforce. 16. Increasing, Seat Belt Use in the United States. Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 8, 1997), Recipient should and should encourage its contractors to adopt and enforce on-the-job seat belt policies and programs for their employees when operating company -owned, rented or personally owned vehicles. 17. Reducing Text Messaging While Driving, Pursuant to Executive Order 13513, 74 FR 51225-(Oct. 1, 2009), Recipient should encourage its employees, subrecipients, and contractors to adopt and enforce policies that ban text messaging while driving, and Recipient should establish workplace safety policies to decrease accidents caused by distracted drivers. City Council Meeting Agenda July 61 2021 CLOSED SESSION MEETING -- 5:00 PM REGULAR OPEN MEETING - 5:45 PM (Immediately following the Closed Session Meeting) CITY COUNCIL CHAMBER 22 Civic Center Plaza Santa Ana, CA 92701 Vicente Sarmiento Mayor Thai Viet Phan Councilmember—Ward 1 Jessie Lopez Councilmember- Ward 3 Jotmathan Ryan Hernandez Councilmember -Ward 5 David Penaloza Mayor Pro Tem - Ward 2 Phil Bacerra Councilmember - Ward 4 Nelida Mendoza Col.Incilmember - Ward 6 Mayor and Council telephone: 714-647-6900 Agenda item inquiries: 714-647-6520 Sonia R. Carvalho Kristine Ridge City Attorney City Manager Daisy Gomez Clerk of the Council In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this Meeting, contact Michael Ortiz, City ADA Program Coordinator, at (714) 647-5624. Notification 48 hours prior to the Meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supporting documentation can be found on the City s website — www.santa-ana.org/city-meetings. Page 1 of 16 7/6/2021 CITY OF SANTA ANA REPEALING AND REENACTING IN ITS ENTIRETY SECTION 33-54 OF THE SANTA ANA MUNICIPAL CODE RELATING TO THE PRESERVATION OF NEWLY CONSTRUCTED AND RECONSTRUCTED ARTERIAL STREETS First reading at the June 15, 2021 City Council meeting and approved by a vote of 7-0. Published in the Orange County Reporter on June 25, 2021. Department(s): Public Works Agency Recommended Action: Place ordinance on second reading and adopt. Adopt Ordinance No. NS-XXXX - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SECTIONS 41-472 AND 41-472.5 OF THE SANTA ANA MUNICIPAL CODE TO REQUIRE A CONDITIONAL USE PERMIT FOR PROCESSING FACILITIES AS DEFINED IN SANTA ANA MUNICIPAL CODE SECTION 41-1250 First reading at the June 15, 2021 City Council meeting and approved by a vote of 7-0. Published in the Orange County Reporter on June 25, 2021. Department(s): Planning and Building Agency Recommended Action: Place ordinance on second reading and adopt. 8. Approve an Appropriation Adjustment of $81,915 to the Fiscal Year 2021-22 Budget for the Community Development Block Grant Program (Non -General Fund) Department(s): Community Development Agency Recommended Action: 1. Approve an appropriation adjustment (#2022-008) recognizing $81,915 in additional Community Development Block Grant funds from the U.S. Department of Housing and Urban Development in revenue account and appropriating same to expenditure account for Fiscal Year 2021-22. (Requires five affirmative votes) 2. Approve a new Fiscal Year 2021 CDBG Program Budget to include an increase of $65,532 to our Community Development Block Grant, Single Family Rehabilitation Projects and a proportional increase in our allowable administrative costs of $16,383. 9 )Approve a First Amendment to the Emergency Rental Assistance Program Plan and Appropriate $14 Million of Federal Emergency Rental Assistance Money Allocated from the Department of Treasury (Non -General Fund) Department(s): Community Development Agency Spending Program Recommended Action: 1. Approve a First Amendment to the Emergency Rental Assistance Program spending plan, subject to adjustment by the City Manager as needed in response to shifting needs and priorities not to exceed the amount of funds available. 2. Direct the City Attorney to finalize and authorize the City Manager to enter into Page 7 of 16 7/6/2021 negotiations, execute agreements, and approve any other required actions necessary with various service providers, contractors, and sub -recipients, who will implement the First Amendment to the Emergency Rental Assistance Program spending plan, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-XXX). 3. Approve an appropriation adjustment (#2022-011) recognizing an additional allocation of Emergency Rental Assistance Program funds from the U.S. Department of Treasury in the amount of $14,026,593.90 in revenue account and appropriating same to expenditure account. (Requires five affirmative votes) 10. Approve Appropriation Adjustment and Grant Agreement with United States Soccer Foundation, Inc. the Installation of Mini -Pitch Soccer Field at Delhi Park (Grant Funded) Department(s): Parks, Recreation, and Community Services Recommended Action: 1. Authorize the City Manager to execute a Grant agreement with United States Soccer Foundation, Inc. for the installation of Mini -Pitch Soccer Field at Delhi Park, in an amount up to $100,000, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2021- XXX). 2. Approve an appropriation adjustment (#2022-009) of $120,000 in Acquisition & Development funds received in prior years to the capital expenditure account. (Requires five affirmative votes) 3. Approve an amendment to the Fiscal Year 2021-2022 Capital Improvement Program to include the Mini -Pitch Soccer Field at Delhi Park project. 11. Approve Appropriation Adjustment and Award a Construction Contract to RMF Contracting, Inc. dba R&M Electrical Contracting in the Amount of $748,014 for the El Salvador Park Basketball Court and Court Lighting and the Riverview Park Ballfield Sports Lighting Renovation Projects with an Estimated Project Delivery Cost of $935,018 (Project Nos. 20-2714 and 20-2717) (Non -General Fund) Department(s): Public Works Agency Recommended Action: 1. Approve an appropriation adjustment (#2022- 007) recognizing prior year fund balance of $443,946 in the Residential Development District 1, Prior Year Carry Forward revenue account and appropriating the same amount into the Residential Development District 1, Improvements Other Than Building expenditure account for FY 2021-2022 capital operating expenses. (Requires five affirmative votes) 2. Award a construction contract to RMF Contracting, Inc. dba R&M Electrical Contracting, the lowest responsible bidder, in accordance with the base bid in the amount of $748,014 for construction of the El Salvador Park Basketball Court and Court Lighting project and the Riverview Park Ballfield Sports Lighting project for the Page 8 of 16 7/6/2021 9. Approve a First Amendment to the Emergency Rental Assistance Program Spending Plan and Appropriate $14 Million of Federal Emergency Rental Assistance Program Money Allocated from the Department of Treasury (Non -General Fund) Department(s): Recommended Action: 1. Approve a First Amendment to the Emergency Rental Assistance Program spending plan, subject to adjustment by the City Manager as needed in response to shifting needs and priorities not to exceed the amount of funds available. 2. Direct the City Attorney to finalize and authorize the City Manager to enter into negotiations, execute agreements, and approve any other required actions necessary with various service providers, contractors, and sub -recipients, who will implement the First Amendment to the Emergency Rental Assistance Program spending plan, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-XXX). 3. Approve an appropriation adjustment (#2022-011) recognizing an additional allocation of Emergency Rental Assistance Program funds from the U.S. Department of Treasury in the amount of $14,026,593.90 in revenue account and appropriating same to expenditure account. (Requires five affirmative votes) Tort Digitally signed by Terl Plerson Pierson `' bate: 2021.Uz21 - 15:54:20-0700- `+� CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDONYYY) 4a - 07/02/2021 THIS CERTIFICATE IS ISSUED ASA 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 CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT. If the certificate holder er Is an A 61TIONAL INSURED, the policy(les) must have AMITIONAL IN URED provisions or We 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 endorsemenl(s). PRODUCER - AMle A DaJohu Carriage Trade Insurance Agency, me. HONE -(516) 358 5600 (516) 356 5656 kell -_...o.Not ,„_... 99 Tulip Avenue ADeJohn�CarriageTmdelpsprence.com , ADDRESS. , SLIIC 494 NSnRER191 AFFORBING COVFRAC.F Floral Park NY 11001 INSURER A: Vdesco Insurance Co. "- -- 25011- - INSURERS: INSURED Lutheran Social Services of Southern California INSURER C 24'/EAmerige Ave, Fullerton, CA 92832 INSGRERD INSURERE. Fullerton CA 92832����-���-�� NSURE COVERAGES r:FRTIFIr:ATF NIIMRFR• CL217221303 ennornu'aneaeee. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED SELOWHAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD --- -- " INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE 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, LTR TYPE OF INSURANCE III me POLICY NUMBER MM/DOA'VYY MMIW LIMITS.,. COMMERCIAL GENERAL LIABILITY - CLAIMS -MADE ® OCCUR EACH OCCURRENCE -- $ 1,000,000ODD PRI�11¢ES(Ea%Mren{M y- 100 00 S MED EXP LAnYone Person? .._ § 5000 _.. .. -. A Y VMP108082501 0701/2021 tl710112022 ...W PERSONALA NOV INJURY .. ..$ ....:.�m�_ 7000000 1LA(s1I,1y1fi0rATff LIMITAPPLIES PER: OUCTpi u LOC GENERALAGGREGATE $ 3000000 PRODUCTS-COMP(OPAGG $ 30000OD THE, Employee Reflects $ 1,000,000 AUTOMOBILE LIABILITY ANYAUTO --- COMBINED SIN MIT $ 1000,000- >(' BODILY INJURY (Par person) $ A OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON OWNED AUTOS ONLY AUTOSONLY WPPI66062501 07/01/2021 07101/2022 BpDILV INJURY IPar accldonq pm alxltlonl $ _ Medical Expense s 5,000 X UMBRELLA LIAR OCCUR ^� EAGH OOOURRENOE $ 3000,000 _'. AGGREGATE $ 31000,000 A Ex0E55 LIAR CLAIMS -MADE WUMIB6635201 07/0112021 0710112022 DEp X RETENTION S 10,000 m $ WORKERS COMPENSATIONmH- AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORIPAR rRERIEXFCUTIVE OFFICERIMEMBER EXCLUDED? (Mandatory In NH) B yse,descdbnunder DESCRIPTION OF OPERATIONS belaxT.. NIA TATUTE E.L. EAOHACGIDENT $ EJ-AI.EASE-FA.EMPLOYE6. $..... E.L.OISEASE-POLICY UMIT $�_ DESCRIPTION OF OPERATIONS I LOCATIONS) VEHICLES (ACORD 1e1, Additional Remarks Schedule, may be anauhed if more space is required) City of Santa Ana, officers, agents, employees, and volunteers are induced as Additional Insureds as with respect to work pertoi'road by the Named Insured as required by 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, SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Santa Ana ACCORDANCE WITH THE POLICY PROVISIONS. Risk Management Division 20 Civic Center Plaza AUTHORIZED REPRESENTATIVE Santa Ana RlekbiacnI"�nAPpRWmor©188B-2016 ACORD fYACORD CA 92702 6:7 26 (2016103) The ACORD name and logo are registered marks ofACORD ,rentoe;wlade POLICY NUMBER: WPP1860625 01 COMMERCIAL GENERAL LIABILITY CG 20 26 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Persons) Or Organization(s); City of Santa ANA Community Development Agency Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", 'property damage" or 'personal and advertising injury" caused, In whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performance of your ongoing operations; or 2. In connection with your premises owned by or rented to you. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional Insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 26 0413 © Insurance Services Office, Inc., 2012 v w ,roa i �.. aenw�mBMrnweuar. 3 7oe61>ivwan R"ekMaruge"mt OM�alAitle POLICY NUMBER: WPP1860625 01 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: City of Santa Ana Risk Management Division 20 Civic Center Plaza Santa Ana, CA 92702 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV — Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products - completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 © Insurance Services Office, Inc., 2008 : 1"MMV*PMdDWVAmt REAMM&APD. PRO 8P: '9 jf Ruk W g,p mt CW. P"de THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NUMBER WPP1860625-01 NAMED INSURED POLICY CHANGES POLICY CHANGES EFFECTIVE 7/1/2021 Lutheran Social Services of Southern California COVERAGE PARTS AFFECTED Commercial General Liability Coverage Part Professional Liability Coverage Part Commercial Crime Coverage Part Commercial Inland Marine Coverage Part Commercial Property Coverage Part Commercial Automobile Coverage Part CHANGES Change COMPANY Wesco Insurance Company Chris Foy REPRESENTATIVE Schedule of Additional Insureds or Certificate Holders CH City of Santa Ana Risk Management Division 20 Civic Center Plaza, Santa Ana, CA 92702 The following is added to A. CANCELLATION of the Common Policy Conditions of the above applicable cover- age part: A. In the event we cancel the policy in accordance with the policy's terms and conditions, we will endeavor to mail written notice of cancellation to Additional Insureds or Certificate Holders, shown in the above SCHEDULE within the time frame listed below. However, failure to mail such notice shall impose no obligation of any kind upon us, our agents or representatives 60 days before the effective date of the cancellation if we cancel for any reason other than for non- payment of premium. As respects Additional Insureds, the above cancellation provision applies only when the Additional In- sured shown In the above SCHEDULE is added to the policy by a separate additional insured en- dorsement as the CANCELLATION NOTICE TO ADDITIONAL INSURED OR CERTIFICATE HOLD- ER does not provide additional insured coverage,. IL 12 01 11 85 Copyright, Insurance Services Office, Inc., 1983 Copyright, ISO Commercial Risk Services, Inc., 1983 e -. RhkA6+ugmaatIXu RWeum6Avraa+mtar. RukMaru9emmCleiulAiae COMMERCIAL GENERAL LIABILITY CG 20 01 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. • `" 104=901111, 101 IV Eel This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured Is a Named Insured under such other insurance; and (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. CG 20 01 0413 ©Insurance Services Office, Inc., 2012 9s; , WdkMurgmouomdo �I. R&W.w &A"ROVWax Batt Pt�on QitkMaiu9ens�[ Cie<imlgide ACOR& CERTIFICATE OF LIABILITY INSURANCE 11 rDATE(MMODNYYY) 1 04/14/2021 THIS CERTIFICATE IS ISSUED ASA 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($), 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 endomement(s). PRODUCER CONTACT Elsy Fuentes NAME: Commercial Management Insurance Services Inc. RHONE (714) 414-1167 F X (714)414-1195 AMAIL Ext : AIC, No CA License OD85858 ADOREss: elsy@cmis-ins.com 751 S Weir Canyon Rd, 157-355 INSURER(S) AFFORDING COVERAGE NAIC q Anaheim CA 92808 INSURER A: Redwood Fire & Casualty 11673 INSURED INSURER B Lutheran Social Services Of Southern California INSURER C: DBA LSS Community Care INSURER D: 247 E. Amerige Ave. INSURER E : Fullerton CA 92832 INSURER F: CERTIFICATE NUMRFR- 2021 THIS IS TO CERTIFY THATTHE 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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE 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 INSR WVD - POLICY NUMBER POLICY EFF MMIDDn(YYY) POLICY EXP (MMIDDNYYY LIMITS COMMERCIAL GENERAL LIABILITY CLAIMS -OE OCCUR EACH OCCURRENCE $ E PREMISES Ea occurrence $ MED EXP(Any one emon) $ PERSONAL &AOV INJURY $ GEN-L AGGREGATE LI MIT APPLIES PER: POLICY PRO.JECT LOC GENERALAGGREGATE $ PRODUCTS - COMPIOPAGG $ $ OTHER, AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea acclent $ BODILY INJURY (Per person) $ ANYAUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY PROPERTY DAMAGE IPeraxitlent $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MODE DED RETENTION $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORIPARTNEREXECUTIIVE ❑ OFFICERIMEMBER EXCLUDED? NIA LUWC217692 01/01/2021 01/01/2022 v PER OTH. STATUTE ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 (Mandatory In NH) If yes, DESCRIPTION DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) EVIDENCE OF INSURANCE COVERAGE CITY OF SANTAANA RISK MANAGEMENT DIVISION 20 CIVIC CENTER PLAZA SANTAANA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVEy RNk MangvwdlXWlon I&VI M&APPROVrDBc CA 92701 01gRR-2015ACOR❑ RakManaaemmoClniralAitle ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD V'