HomeMy WebLinkAboutCOMMUNITY ACTION PARTNERSHIP OF ORANGE COUNTY (4)INSURANCE ON FILE
WORK MAY PROCEED
UNTIL INSURANCE EXPIRES
CLERK OF COUNCIL
DATE
A-2022-069-04
AGREEMENT BETWEEN THE CITY OF SANTA ANA AND
COMMUNITY ACTION PARTNERSHIP OF ORANGE COUNTY FOR USE OF
AMERICAN RESCUE PLAN ACT (ARPA) FUNDS
This Agreement is hereby made and entered into this 3rd day of May, 2022 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 Community Action
N Partnership of Orange County, a California domestic nonprofit corporation
o ("SUBRECIPIENT" or "CONTRACTOR").
`la RECITALS:
A. The American Rescue Plan Act ("ARPA") was signed into law in March 2021. ARPA
provides funding for a number of different programs, including the Coronavims State and
Local Fiscal Recovery Fund ("SLFRF"), to provide monetary support to local governments
to respond to, mitigate, and recover from the COVID-19 public health emergency.
B. On July 20, 2021, the Santa Ana City Council authorized the City Manager to utilize ARPA
SLFRF funding from the United States Department of Treasury for the Revive Santa Ana
Spending Plan, which includes five spending categories: recovery from the pandemic, direct
assistance programs, public health and safety, critical infrastructure, and city fiscal health.
C. SUBRECIPIENT has been selected by the CITY to receive ARPA SLFRF Funds in order to
provide youth programs, including: early childhood support; head start; day care; after school
tutoring; athletic; and, youth violence prevention, 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 ARPA's objectives to respond to, mitigate, and recover from this
historic COVID-19 public health crisis.
D. SUBRECIPIENT agrees that it will adhere to the tasks and services as indicated in Exhibit A
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:
I. ARPA PROGRAM 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 tasks and
services 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
readjustment 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 July 1st. 2022.
and continue through June 30, 2023 ("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 ARPA SURF Funds were awarded to the CITY.
Additionally, the Term of this Agreement may be extended by a writing executed by the City
Manager, or designee, and the City Attorney.
C. Amount of Grant Funding. The total amount of funds provided for said program
shall not exceed Sixty -Five Thousand Dollars and Zero Cents ($jk 00) ("ARPA SURF Funds")
during the Term of the Agreement. SUBRECIPIENT agrees to use said ARPA SURF Funds to
administer said program as outlined in Exhibit A.
D. Disbursement of Funds. Said ARPA SURF Funds shall be disbursed by CITY to
SUBRECIPIENT pursuant to the terms found in the Fee Payment Schedule attached hereto as
Exhibit B, with payments subject to the submittal of invoices and other reporting 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 ARPA SURF Funds, or return the entire request to SUBRECIPIENT, until such
documentation and reporting has been received and approved by CITY.
(1) Reduction in ARPA SURF Funding. The CITY reserves the right to reduce
the amount of ARPA SURF Funds to SUBRECIPIENT, or to completely terminate this
Agreement, in the CITY's sole discretion, if there is a reduction in ARPA SURF 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 utilized during the Term of this Agreement, and that any and all funds
remaining as of the end of the Term, which have not been utilized, 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.
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E. Grant Program Requirements.
(1) SUBRECIPIENT acknowledges that the source of funding for said program is the
federal ARPA, and that payments from the ARPA SURF Funds are only to be used to make
necessary expenditures incurred due to the public health emergency with respect to COVID-19.
(2) SUBRECIPIENT acknowledges that ARPA provisions allow the use of ARPA
SURF Funds to respond to, mitigate, and recover from 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.
Performance Monitoring.
(1) SUBRECIPIENT shall submit program performance information as often as
requested by CITY, but no less than the submission of monthly reports and a final report to CITY
with the information requested by and in the format acceptable to CITY. Each monthly report is due
within thirty (30) days of completion of work for each month. 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 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 SUBRECIPIENT's
performance under this Agreement at any time, upon reasonable notice to SUBRECIPIENT.
G. Audit.
(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 ARPA 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 ARPA SLFRF 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 ARPA SLFRF Funds of SUBRECIPIENT and all documents related to this Agreement
shall be maintained and kept available at SUBRECIPIENT' S office or place of business for the
duration of the Agreement and thereafter for five (5) years from the date of final payment under
this Agreement. Records which relate to: (a) complaints, claims, administrative proceedings or
litigation arising out of the performance of this Agreement; or, (b) costs and expenses of this
Agreement to which CITY or any other governmental agency takes exception, shall be retained
beyond the five (5) years until complete resolution or disposition of such appeals, litigation claims,
or exceptions. In the event SUBRECIPIENT does not make the above -referenced documents
available within the City of Santa Ana, California, SUBRECIPIENT agrees to pay all necessary and
reasonable expenses incurred by CITY in conducting any audit at the location where said records and
books of account are maintained.
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
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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 CFR §200.343, including the following:
(1) SUBRECIPIENT must submit, no later than ninety (90) calendar days after the
end date of the period of performance, all financial, performance, and other reports as required by
the terms and conditions of 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.
H. SUBRECIPIENT'S OBLIGATIONS
A. Representations and Warranties.
(1) Authority. SUBRECIPIENT is a duly organized and existing domestic
nonprofit corporation in good standing and authorized to do business under the laws of the State
of California. SUBRECIPIENT has full right, power and lawful authority to accept the funding
hereunder and to undertake all obligations as provided herein and the execution, performance and
delivery of this Agreement by SUBRECIPIENT has been fully authorized by all requisite actions
on the part of SUBRECIPIENT.
(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 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.
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, SUBRECIMENT 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
ARPA SLFRF Funds; provided however, the SUBRECIPIENT must be able to account for receipt,
obligation, distribution and expenditure of ARPA SLFRF 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 funds,
SUBRECIPIENT shall have an annual audit conducted by a certified public accountant in accordance
with the standards as set forth and published by the United States Office of Management and Budget.
SUBRECIPIENT shall provide CITY with a copy of said audit by April 1 of the year following the
program year in which this Agreement is executed.
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F. Compliance with Law/Program Income. SUBRECIPIENT acknowledges that the
funds being provided by CITY for said program are received by CITY pursuant to ARPA, and that
distribution and expenditure of these ARPA SURF Funds shall be in accordance with ARPA 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 D "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 ARPA
SURF 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 ARPA SURF 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 ARPA
SURF Funds under this Agreement.
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L. Prohibited Use. SUBRECIPIENT hereby certifies and agrees that it will not use
ARPA SLFRF Funds provided through this Agreement to pay for entertainment, meals or gifts, or
other prohibited uses.
M. Lobb,&g. 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
E, attached hereto and by this reference incorporated herein. SUBRECIPIENT shall submit said
signed certification to CITY prior to performing any of its obligations under this Agreement and prior
to any obligation arising on the part of CITY to pay any sums to SUBRECIPIENT under the terms
and conditions of this Agreement.
If any funds other than Federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any agency, a Member
of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall
complete and submit a "Disclosure Form to Report Lobbying," in accordance with its instructions
(Exhibit E).
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.
O. 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 ARPA SLFRF 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 tern "small business" means a business that meets the criteria set forth in section
3(a) of the Small Business Act, as amended (15 U.S.C. 632), and "minority and women's business
enterprise" means a business at least fifty-one percent (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 F 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 at. SUBRECIPIENT shall procure all materials, property, or services in accordance
with the requirements of 2 CFR 200.318-326.
M. CITY'S OBLIGATIONS
A. Audit of Account. CITY shall include an audit of the account maintained by
SUBRECIPIENT in CITY's audit of all ARPA SLFRF 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
responsible to accomplish the project expectations as set 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
perfonned 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.
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
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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 ARPA SLFRF Funds granted to
the CITY, inclusive of the subject ARPA SLFRF Funds, shall serve as an officer of SUBRECIPIENT.
Further, any conflict or potential conflict of interest of any officer of SUBRECIPIENT shall be fully
disclosed in writing prior to the execution of this Agreement and said writing shall be attached and
deemed fully incorporated as a part hereof. Notice shall be sent by SUBRECIPIENT to CITY
regarding any changes or modifications to its board of directors and list of officers.
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 ARPA SLFRF Funds, in accordance with 24 CFR 570.2000):
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, ARPA SLFRF Funds may also be used for
minor repairs to such property, which are directly related to the cost of rendering the services under
said program, where the cost constitutes in dollar terms only an incidental portion of the ARPA
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
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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
Lisa Rudloff
Executive Director
Parks, Recreation and Community Services Agency
20 Civic Center Plaza
P.O. Box 1988
Santa Ana, California 92702-1988
TO SUBRECIPIENT:
Community Action Partnership of Orange County
Gregory C. Scott
President & CEO
11870 Monarch Street
Garden Grove, CA 92841-3902
F. Assi angn bility. 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.
H. Insurance.
Contractor shall procure and maintain for the duration of the contract insurance against
claims for injuries to persons or damages to property which may arise from or in connection with
12
the performance of the work hereunder and the results of that work by the Contractor, its agents,
representatives, employees, or subcontractors.
a. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall beat least as broad
as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00
01 covering CGL on an `occurrence" basis, including products and completed
operations, property damage, bodily injury and personal & advertising injury
with limits no less than $2,000,000 per occurrence. If a general aggregate limit
applies, either the general aggregate limit shall apply separately to this
project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be
twice the required occurrence limit.
2. Automobile Liability: Insurance Services Office Form Number CA 0001
covering, Code 1 (any auto), or if Contractor has no owned autos, Code 8 (hired)
and 9 (non -owned), with limit no less than $1,000,000 (if program services
includes transportation of youth, the limit shall be no less than $5,000,000) per
accident for bodily injury and property damage. (Not required if an automobile
is not required to fulfill services.)
3. Workers' Compensation: insurance as required by the State of California, with
Statutory Limits, and Employer's Liability Insurance with limit of no less than
$1,000,000 per accident for bodily injury or disease.
4. Sexual Abuse or Molestation (SAM) Liability: If the CGL policy referenced
above is not endorsed to include affirmative coverage for sexual abuse or
molestation, Contractor shall obtain and maintain a policy covering Sexual
Abuse and Molestation with a limit no less than $1,000,000 per occurrence or
claim.
5. If the Contractor maintains broader coverage and/or higher limits than the
minimums shown above, the City requires and shall be entitled to the broader
coverage and/or the higher limits maintained by the Contractor. Any available
insurance proceeds in excess of the specified minimum limits of insurance and
coverage shall be available to the City.
b. Other Insurance Provisions — The insurance policies are to contain, or be endorsed to
contain, the following provisions:
1. Additional Insured Status: The City, its officers, officials, employees, and
volunteers are to be covered as additional insureds on the CGL policy with
respect to liability arising out of work or operations performed by or on behalf
of the Contractor including materials, parts, or equipment furnished in
connection with such work or operations. General liability coverage can be
provided in the form of an endorsement to the Contractor's insurance (at least
as broad as ISO Form CG 20 10 1185 or if not available, through the addition
of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if a
later edition is used).
13
Primary Coverage: For any claims related to this contract, the Contractor's
insurance coverage shall be primary coverage at least as broad as ISO CG 20
0104 13 as respects the City, its officers, officials, employees, and volunteers.
Any insurance or self-insurance maintained by the City, its officers, officials,
employees, or volunteers shall be excess of the Contractor's insurance and shall
not contribute with it.
3. Notice of Cancellation: Each insurance policy required above shall state that
coverage shall not be canceled, except with notice to the City.
4. Waiver of Subrogation: Contractor hereby grants to City a waiver of any right
to subrogation which any insurer of said Contractor may acquire against the
City by virtue of the payment of any loss under such insurance. Contractor
agrees to obtain any endorsement that may be necessary to affect this waiver of
subrogation, but this provision applies regardless of whether or not the City has
received a waiver of subrogation endorsement from the insurer.
5. Self -Insured Retentions: Self -insured retentions must be declared to and
approved by the City. The City may require the Contractor to purchase coverage
with a lower retention or provide proof of ability to pay losses and related
investigations, claim administration, and defense expenses within the retention.
The policy language shall provide, or be endorsed to provide, that the self -
insured retention may be satisfied by either the named insured or City.
6. Acceptability of Insurers: Insurance is to be placed with insurers authorized to
conduct business in the state with a current A.M. Best's rating of no less than
A:VII, unless otherwise acceptable to the City.
7. Claims Made Policies: If any of the required policies provide coverage on a
claims -made basis:
1. The Retroactive Date must be shown and must be before the date of the
contract or the beginning of contract work.
2. Insurance must be maintained and evidence of insurance must be
provided for at least five (5) years after completion of the contract of
work.
If coverage is canceled or non -renewed, and not replaced with another
claims -made policy form with a Retroactive Date prior to the contract
effective date, the Contractor must purchase "extended reporting"
coverage for a minimum of five (5) years after completion of contract
work.
Verification of Coverage: Contractor shall furnish the City with original
Certificates of Insurance including all required amendatory endorsements (or
copies of the applicable policy language effecting coverage required by this
clause) and a copy of the Declarations and Endorsement Page of the CGL policy
listing all policy endorsements to City before work begins. However, failure to
obtain the required documents prior to the work beginning shall not waive the
Contractor's obligation to provide them. City reserves the right to require
14
complete, certified copies of all required insurance policies, including
endorsements required by these specifications, at any time.
9. Special Risks or Circumstances: City reserves the right to modify these
requirements, including limits, based on the nature of the risk, prior experience,
insurer, coverage, or other special circumstances.
I. 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 ARPA SURF
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 termination thereof, including the payment
of money, except for payment for approved expenses incurred for services satisfactorily and timely
performed prior to the mailing or service of the notice of termination, and except for reimbursement
of. (1) any payments made for services not subsequently performed in a timely and satisfactory
manner; and, (2) costs incurred by CITY in obtaining substitute performance.
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.
6. The grant of funds under this Agreement may be terminated due to the failure of
the CITY to receive sufficient or anticipated funding for the ARPA program for any term subject to
this Agreement.
7. In the event this Agreement is terminated as set forth in subparagraphs I(1)
through I(6), inclusive, SUBRECIPIENT agrees to immediately return to CITY upon CITY's demand
15
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 ARPA SLFRF Funds, which limitations are not
presently anticipated. Accordingly, CITY reserves the right to revise this Agreement in order to take
account of actions affecting ARPA program 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 utilize funds, or may restrict SUBRECIPIENT's use of uncommitted
funds. Where CITY has been directed to implement a reduction in funding, with respect to funding
for this Agreement, CITY's City Manager or delegate is authorized to act for CITY in implementing
and effecting such a reduction and in revising, modifying, or amending the Agreement for such
purposes. If such a reduction in funding occurs, SUBRECIPIENT shall be permitted to de -scope
accordingly. Where CITY has reasonable grounds to question SUBRECIPIENT's fiscal
accountability 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
ARPA SLFRF 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
ARPA SLFRF 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 parry, 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 Governing this Agreement. This Agreement shall be governed by and construed
in accordance with the laws of the State of California, and all applicable federal laws and regulations.
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
of such prohibition or invalidity, without invalidating the remainder of such provisions of this
AGREEMENT.
N. Waiver. No delay or omission by either party hereto to exercise any right or power
accruing upon any noncompliance or 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
16
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.
O. 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 ARPA, are included in Exhibit C
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
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year
first written above.
ATTEST: CITY OF SANTA ANA
JAI
—,,•
G�DAISY GOMEZ KRISTINE GE
Clerk of the Council City Manager
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
BRANDON SALVATIERRA
Deputy City Attorney
RECOMMENDED FOR APPROVAL:
Parks, Recreation and Community Services Agency
18
SUBRECIPIENT:
President
DUNS #:
SCOTT
1*11 i Y .
SCOPE OF WORK
19
Exhibit A
Scope of Work
1. Proposal shall include details of the youth program/service to be provided, the tasks to be
accomplished, duration of the program (proposals may be up to two years) and the
deliverables to be provided.
Community Action Partnership Orange County proposes to implement a new and innovative
academic tutoring and mentorship youth program in Santa Ana to address disparities in
academic achievement and social and emotional learning (SEL) exacerbated by the COVID-19
pandemic. Over the course of 12 months this program will provide elementary -aged students
with after -school tutoring three days per week, homework help and targeted activities
designed to support SEL. The program will also provide their parents with resources and
services available through our existing programs.
Recognizing the need to engage students of various age groups in academically stimulating
experiences, CAP OC will utilize a cohort of teenagers from our Elevate Youth program based at
Santa Ana High School to provide the tutoring services, with training and guidance from staff.
Elevate Youth, which currently has 30 high school participants, is itself an innovative substance
program centered on substance abuse prevention. Through this program, CAP OC provides a
peer -education model that includes the development of leadership skills, strategies related to
policy, systems, and environmental change, as well as a restorative justice component.
Elevate Youth program participants will commit to serving as tutors/peer mentors for at least
six months. The 8-10 youth will meet twice per week with CAP OC staff to be trained as tutors
and peer mentors, focusing on the development of their knowledge and skills pertaining to: an
understanding of the academic achievement gap in Santa Ana; best practices and strategies in
tutoring elementary school students; how to best engage students through interactive activities
and accessing various learning modalities (e.g. visual, kinetic, verbal, etc.); developing and
maintaining appropriate boundaries; and providing strength -based support and feedback. Once
trained, each tutor/mentor will be paired with one to two students. Staff will have conducted
the initial intake/assessments with the students; however, the tutors/peer mentors will work
with the students and their parents to develop one to three goals. The tutors/mentors will
meet with the students three times per week (Monday, Wednesday, and Friday) for one hour
each time and will track progress towards goal achievement. To support the tutors/mentors,
staff will meet with them once a week, either in -person or virtually. Every month the staff will
also facilitate a group meeting with all the tutors/mentors to share best practices, troubleshoot
challenges and support each other's development. The program will run year-round. The
summer months will provide an opportunity for students to catch up academically. During the
summer there will be opportunities for field trips and increased social emotional learning.
Students will be able to participate in the SWCC Christmas in July program operated by college
interns from Norte Dame. The program encourages youth to volunteer in their community and
provides a holiday event at the end of July to culminate the program.
As an added level of support, CAP OC will also recruit college students as interns to meet with
the tutors/mentors at least monthly (individually and/or as a group) to provide encouragement
and guidance. The college interns will also be trained to provide tutoring/mentorship to fill-in
ME
Exhibit A
any gaps in service provision, as is necessary. The college interns will also work with the
tutors/mentors to explore higher education environments. In combination with the other
Elevate Youth program participants, these teens will visit college campuses and review the
college application timeline and process. CAP OC has a successful history of engaging college
students as interns from a variety of institutions including UCI, Cal State Long Beach, Notre
Dame, and more.
CAP OC will deliver services at our Southwest Community Center (SWCC) in Santa Ana. SWCC
offers a signature hot meal program for homeless clients and emergency food assistance and
services for low-income housed individuals and families. The center also offers food, rental and
utility assistance, diapers, free tax services, and coordinated referrals.
Staffing to support the implementation of the program include a half-time Program
Coordinator, Gabriella Gregg, MPH; and in -kind program oversight provided by CAP OC's
Director of Community Partnerships and Community Services, Dolores Barrett.
2. Proposal shall include details of the target population
The target population consists of two -tiers of Santa Ana youth, 1) elementary students, the
majority of whom will be referred from George Washington Carver Elementary School, Romero -
Cruz Academy and John C. Fremont Elementary School; and 2) Santa Ana high-school students
who are already engaged in CAP OC's Elevate Youth program. Specifically, CAP OC will provide
academic tutoring, homework help and SEL activities to 15-20 elementary students (ages 5-12);
and training, guidance and college preparatory activities to 8-10 high school students (ages 13-
18).
3. Proposal shall include details of the unmet need
Santa Ana public schools, like many public schools across the country, have been plagued by
academic achievement disparities across race and socio-economic status for years. According to
the California Department of Education (Ed-Data.org), during the 2018-2019 school year, the
last year for which data are available, a higher percentage of Hispanic and Black/African
American students did not meet the standards for English Language Arts or math, compared to
white students. Students who were economically marginalized were also less likely to achieve
standards compared to other students.
Unfortunately, the pandemic and related school shutdowns and shift to remote learning have
worsened these existing disparities. A McKinsey and Company report (2021) which analyzed
assessment results of more than 1.6 million elementary school students across the country,
found the following:
By the end of the 2020-2021 school year, students were on average, five months behind
in math and four months behind in reading
• Schools that were majority Hispanic or Black, were 6 months behind in both subjects,
while schools that were majority white, were four months behind
21
Exhibit A
• Schools where families' average household incomes were less than $25,000 were seven
and six months behind, respectively
Of course, academic learning was not the only thing that the pandemic took from young people
- many also lost stability and security, and some even lost family members. In a related
McKinsey and Company survey of parents across the country, 35% said they were very or
extremely concerned about their child's mental health, with a similar proportion worried about
their child's social and emotional well-being. The youth of Santa Ana may be particularly
impacted by these losses, given that the city bears the burden of the pandemic, representing
10% of the county population, but 16% of the COVID-19 cases to date.
4. Proposal shall include details of collaborations with local organizations
To implement the proposed program, we will collaborate with the George Washington Carver
Elementary School, Romero -Cruz Academy and John C. Fremont Elementary School to assist
with recruitment of students.
S. Proposal shall include details of innovation in program/service delivery
The proposed program is innovative in that it meets the academic and SEL needs of younger
children by engaging, training, and using the skills of older youth. In doing so, the high school
students also develop new skills and are exposed to new career opportunities. By adding a third
tier of college interns to provide guidance and support for the teenagers, they are further
motivated and prepone ared to explore collegiate opportunities.
22
FEE PAYMENT SCHEDULE
23
Exhibit B
FISCAL YEAR 2022-2023
PROPOSED PROGRAM BUDGET
Organization Name Community Action Partnership of Orange County
Program Name Southwest Community Center After School Youth Program (Revive)
Term: July 1, 2022 to June 30, 2023
EXPENDITURES
Enter budget categories and projected expenditures:
Category
Expenditures
Funded By
Santa Ana
REVIVE Funds
Expenditures
Funded By
Other Sources
Program
Budget
Total
Organization
Budget
Administrative Staff Salaries
$0
$0
$ 2,099,858
Program Staff Salaries
$44,850
$ 14,950
$59,800
$ 8,582,408
Contractual Services
$0
$0
$ 4,984,560
Other- Materials
$3,500
$3,500
$ 1,175,316
Transportation
$6,000
$6,000
$ 251,969
Technology
$1,200
$1,200
$ 160,000
Software
$1,200
$1,200
$ 60,000
General Supplies
$2,341
$2,341
$ 955,316
Indirect
$5,9091
$5,909
$ 1,400,000
Operations and Occupancy
$0
$0
$ 15,500,770
TOTAL
$65,0001
$14,9501
$79,9501
$35,170,197
PROGRAM RESOURCES
LIST ALL OTHER PROGRAM RESOURCES FOR 2022-2023
Funding Source Total must equal Program Budget Total listed above.
FUNDING SOURCE
AMOUNT
Santa Ana REVIVE
$ 65,000
CSBG Funding
$ 14,950
TOTAL
$ 79,950
24
Exhibit B
2022-2023 REVIVE BUDGET LINE ITEMS
ADMINISTRATIVE STAFF
Position Title Annual Salary & Benefits REVIVE Funds Description
PROGRAM STAFF
Position Title
Annual Salary & Benefits
REVIVE Funds
Description
Program Coordinator
14,950
44,850
(0.75 FTE @ $23 per hour)
CONTRACTUAL/PROFESSIONAL SERVICES
Type of Service Contract Amount REVIVE Funds Description
OTHER LINE ITEMS
Line Item
Program Amount
REVIVE Funds
Description
After School Materials
$3,500
Transportation
$6,000
College Trips
Technology
$1,200
Software
$1, 200
General Supplies
$2,341
Indirect
$5,909
10MB De Minimis Rate
Attachment 1(b)
25
EXHIBIT C
FEDERAL AWARD IDENTIFICATION INFORMATION
The General Program Requirements were designed to provide the framework where the
CONTRACTOR will provide ARPA programs identified in this attachment.
I. GOVERNANCE
The CONTRACTOR agrees to comply, remain informed, and deliver services consistent
with the provisions of ARPA.
Where local policy has not been set, the CONTRACTOR agrees to adhere to state and/or
federal policy, as appropriate.
II. GOVERNANCE REFERENCES
A. Additional state and federal agencies that provide funding to the CITY may be
incorporated herein.
B. Information Bulletins, Directives, and any other federal and state guidance documents
pertaining to the ARPA SURF Funds.
C. Actions, directives, and policy and procedures issued by the CITY.
D. CITY policies, as applicable.
In accordance with the requirements of 2 CFR 200.330 (Subrecipient and Contractor
determination) and for the purpose of this CONTRACT, SUBRECIPIENT is determined
to be a CONTRACTOR.
IV. FEDERAL AWARD IDENTIFICATION
FAIN INFORMATION
A.
CONTRACTOR Name:
COMMUNITY ACTION PARTNERSHIP OF ORANGE
COUNTY
B.
CONTRACTOR'S Unique
039729835
Identifier (D-U-N-S):
Federal Award
C.
Identification Number
SLFRP1059
(FAIN):
D.
Federal Award Date:
5/19/2021
E.
Subaward Period of
7/l/2022-6/30/2023
Performance:
Total Amount of Federal
F.
Funds Obligated by the
$65,000
Action:
Total Amount of Federal
G.
Funds Obligated to the
$65,000
CONTRACTOR:
H.
Total Amount of the
$64,180,406.50
Federal Award:
I
Federal Award Project
American Rescue Plan Act (ARPA)
Description:
J.
Federal Awarding Agency:
U.S. Department of the Treasury
K.
Name of PTE:
City of Santa Ana
L
Contact Information for the
Kristine Ridge, City Manager
Awarding Official:
Phone Number:
(714) 647-5200
E-mail Address:
kridgeksanta-ana.ore
M.
CFDA Number:
21.027
CFDA Name:
Coronavirus State and Local Fiscal Recovery Funds
N.
Whether Award is R&D:
No
O
Indirect Cost Rate for the
de minimus or federally negotiated rate
Federal Award:
27
EXHIBIT D
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 1916049211).
(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.
Gregory C. Scott, President & CEO
Name and Title of Authorized Representative
3/16/2022
Signature AO Date
W.
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.
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 a prospective participant
in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily
excluded from the covered transaction, unless it knows that the certification is erroneous. A
participant may decide the method and frequency by which it determines the eligibility of its
principals. Each participant may, but is not required to check the List of Parties Excluded
from Procurement or Non -Procurement Programs.
8. Nothing contained in the foregoing shall be construed to require establishment of a system of
records in order to render in good faith the certification required by this clause. The
knowledge and information of a participant is not required to exceed that which is normally
possessed by a prudent person in the ordinary course of business dealings.
RM
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.
30
EXHIBIT E
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 31, U. S. Code. Any person who
fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and
not more than $100,000 for each such failure.
Grantee/Contactor Organization // Program Title
Name of Certifying Officer
Date
31
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.
32
EXHIBIT F
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 Housing and Urban Development in awarding the grant. If it is later
determined that the contractor knowingly rendered a false certification, or otherwise violates the
requirements of the Drug -Free Workplace Act, the U.S. Department of Housing and Urban
Development, in addition to any other remedies available to the Federal Government, may take
action authorized under the Drug -Free Workplace Act.
CERTIFICATION
A. The contractor certifies that it will provide a drug -free workplace by:
(a) Publishing a statement notifying employees that the unlawful manufacture,
distribution, dispensing, possession or use of a controlled substance is prohibited in
the contractor's workplace and specifying the actions that will be taken against
employees for violation of such prohibition;
(b) Establishing a drug -free awareness program to inform employees about —
(1) The dangers of drug abuse in the workplace;
(2) The contractor's policy of maintaining a drug -free workplace;
(3) Any available drug counseling, rehabilitation, and employee assistance
program; and
(4) The penalties that may be imposed upon employees for drug abuse
violations occurring in the workplace;
(c) Making it a requirement that each employee who will be engaged in the
performance of the grant be given a copy of the statement required by paragraph
(a);
(d) Notifying the employee in the statement required by paragraph -(a) that, as a
condition of employment under the contract, the employee will -
(1) Abide by the terms of the statement; and
(2) Notify the employer of any criminal drug statute conviction for a violation
occurring in the workplace no later than five days after such conviction.
(e) Notifying the U.S. Department of Housing and Urban Development within ten days
after receiving notice under subparagraph (d)(2) from an employee or otherwise
receiving actual notice of such conviction;
33
(f) Taking one of the following actions, within 30 days of receiving notice under
subparagraph (d)(2), with respect to any employee who is so convicted -
( 1) Taking appropriate personnel action against such an employee, up to and
including termination; or
(2) Requiring such employee to participate satisfactorily in a drug abuse
assistance or rehabilitation program approved for such purposes by a
Federal, State, or local health, law enforcement, or other appropriate
agency;
(g) Making a good faith effort to continue to maintain a drug -free workplace through
implementation of paragraphs (a), (b), (c), (d), (e) and (f).
B. The contractor shall insert in the space provided on the attached "Place of Performance"
form the site(s) for the performance of work to be carried out with the grant funds
(including street address, city, county, state, and zip code) .the contractor further certifies
that, if it is subsequently determined that additional sites will be used for the performance
of work under the contract, it shall notify the U.S. Department of Housing and Urban
Development immediately upon the decision to use such additional sites by submitting a
revised "Place of Performance" form.
Community Action Partnership of Orange County
ignature
3/16/2022
Date
34
PLACE OF PERFORMANCE
FOR CERTIFICATION REGARDING DRUG -FREE
WORKPLACE REQUIREMENTS
Name: Community Action Partnership of Orange County
Date: March 16, 2022
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):
1601 W. 2nd Street
Santa Ana, CA 92703
35
Digitallysigned by Tort Pierson
Tori Pierson Date: 2022.07.1912:e6:0
-e7bn'
A� �® CERTIFICATE OF LIABILITY INSURANCE
(MMIDD
022YY)
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER
Arthur J. Gallagher f CO.
6Inc.
Insurance Brokers of Suite
505 N Brand Blvd, Suite 600
Glendale CA 91203
CONTACT
NAME: Star Met ry
PNONE . g18.539.8623 ac N.I.818.539.8723
E-MAJL
DOREss: Star Met a .com
INSURERS AFFORDING COVERAGE
NAIC#
INSURER A: Insurance Company of the West
27847
Lice s : 0 26293
INSURED COMMACT-20
Community Action Partnership of Orange County
11870 Monarch Street
INSURER B: Nonprofits' Insurance Alliance of CA
10023
INSURER C:
INSURER 0:
Garden Grove CA 92841
INSURER E
INSURER F:
COVERAGES CERTIFICATE NUMBER: 1864169753 REVISION NtIMRFR-
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR
TYPE OF INSURANCE
ADDLSUBR
POLICYNUMBER
POLICY EFF
IMWDDNYYYI
POLICY EXP
(MMrDDNYYYlLIMITS
B
X
COMMERCMI-GENERALLIABILITY
CLAIMS -MADE Fx7 OCCUR
Y
V
2022-DO441
7/1/2D22
7/1/2023
EACH OCCURRENCE
$1,000,000
DAMAGE TO RENTED
PREMISES Ea occurrence
$500,000
MED EXP (Any one arson)
$ 20,000
PERSONAL&ADVINJURY
$1,000,000
GEN'L AGGREGATE LIMIT APPLIES PER:
POLICY JECT rX] LOC
GENERALAGGREGATE
$2,000,000
PRODUCTS-COMP/OP AGG
$2,000,000
$
OTHER:
B
AUTOMOBILE
LIABILITY
2022-00441
7/1/2022
7/1/2023
COMBINED SINGLE LIMIT
Ea acculard
$1.000,000
BODILY INJURY (Per parson)
$
ANYAUTO
IX
OWNED SCHEDULED
AUTOS ONLY AUTOS
( BODILY INJURY Per accident)
§
XIHIRED
X NON -OWNED
AUTOS ONLY AUTOS ONLY
PROPERTY DAMAGE
Par stationt
§
B
X
UMBRELLA LIAR
X
OCCUR
2022-00441-UMB
7/1/2022
7/1/2023
EACHOCCURRENCE
$5,000,000
AGGREGATE
$5,000,000
EXCESS UAB
CLAIMS -MADE
DIED I X I RETENTIONS,$
A
WORKERS COMPENSATION
ANDEMPLOYERS' LIABILITY YIN
WVE 505610702
7/1/2022
7/1/2023
X PER OTH-
STATUTE ER
E.L. EACH ACCIDENT
$1,000,000
ANYPROPRIETOR/PART,1EWEXECUTIVE
OFFICERIMEMBEREXCWDEDT ❑
N/A
E.L. DISEASE -EA EMPLOYEE
$1,000,000
(Mandatory In NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
E.L. DISEASE -POLICY LIMIT
$1,000,000
B
Director&Ottcers
2022-00441-DO
7/1/2022
7/1/2023
Each Wrongful Act
$1,000,000
Aggregate Omit
Retention
$2,000,000
$5,000
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Ransom schedule, may be attached if mare space is required)
Nonprofits' Insurance Alliance of CA - A.M. Best #: 011845
Policy: Improper Sexual Conduct
Policy#: 2022-00441
Policy term: 7/1/2022 to 7/1/2023
Carrier: Nonprofits' Insurance Alliance of CA
Per Claim: $1,000,000, Aggregate Limit: $2,000,000
See Attached...
City of Santa Ana
20 Civic Center Plaza
Santa Ana CA 92701
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
RWtMnagenvdDbLlm
REVILVIm&TAffmRDeID Br
ic g
U 7988-ZU75 ACORD G( e
ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD
AGENCY CUSTOMER ID: COMMACT-20
LOG M
A� ADDITIONAL REMARKS SCHEDULE
Page 1 of 1
AGENCY
Arthur J. Gallagher & Co.
NAMED INSURED
Community Action Partnership of Orange County
11870 Monarch Street
Garden Grove CA 92841
POLICY NUMBER
CARRIER
NAIL CODE
EFFECTIVE DATE:
THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM,
FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE
Professional Liability
:y term: 7/1/2022 to 7/1/2023
ier: Nonprofits' Insurance Alliance of CA
Claim: $1,000,000, Aggregate Limit: $2,000,000
Cyber Liability
ESL0239479512
arm: 7/1/2022 to 7/1/2023
late Limit: $1,000,000 / Deductible: $10,000
Liability Include Network Security and Privacy Liability
Ana, its officers, agents, representatives, employees and volunteers are named additional insured with respect to the operations of the named
insurance provided In the General Liability policy is primary and any other insurance shall be excess only, and not contributing. Waiver of
on General Liability applies in favor of additional insured. Written notice shall be provided at least ten (10) days in advance of cancellation for
I of premium and thirty (30) days in advance for any other cancellation or policy change.
ACORD 101 (2008/011
9nnR ACnPn Cf ( 11■Il It rs�x,x,naye,�,an;�.,ia,i,
The ACORD name and logo are registered marks of ACORD v N
POLICY NUMBER: 2022-00441 COMMERCIAL GENERAL LIABILITY
Named Insured: Community Action Partnership of Orange County CG 20 10 12 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - SCHEDULED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s)
Location(s) Of Covered Operations
Any person or organization that you are required to
All insured premises and operations.
add as an additional insured on this policy, under a
written contract or agreement currently in effect, or
becoming effective during the term of this policy. The
additional insured status will not be afforded with
respect to liability arising out of or related to your
activities as a real estate manager for that person or
organization.
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:
1. Your acts or omissions; or
2. The acts or omissions of those acting on your
behalf;
in the performance of your ongoing operations for
the additional insured(s) at the location(s)
designated above.
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 additional
exclusions apply:
This insurance does not apply to "bodily injury" or
"property damage" occurring after:
1. All work, including materials, parts or
equipment furnished in connection with such
work, on the project (other than service,
maintenance or repairs) to be performed by
or on behalf of the additional insured(s) at the
location of the covered operations has been
completed; or
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CG 20 10 12 19 0 Insurance Services Office, Inc., 2012
2. That portion of "your work" out of which the
injury or damage arises has been put to its
intended use by any person or organization
other than another contractor or subcontractor
engaged in performing operations for a
principal as a part of the same project.
C. 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 contractor 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.
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Rent &Aw Br.
RekhUwgerrerepmralNtle
CG 20 10 12 19 0 Insurance Services Office, Inc., 2012
NONPROFITS POLICY NUMBER: 2022-00441 FORM: NIAC-E26 11 17
INSURANCE NAMED INSURED: Community Action Partnership of Orange County
ALLIANCE OF CALIFORNIA
A Head for Insurance. A Heartfor Nonprofits.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS (WAIVER OF SUBROGATION)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SOCIAL SERVICE PROFESSIONAL LIABILITY COVERAGE FORM
SCHEDULE
Name of Person or Organization:
Where you are so required in a written contract or agreement currently in effect or becoming effective during the
term of this policy, we waive any right of recovery we may have against that person or organization, who may be
named in the schedule above, because of payments we make for injury or damage.
NIAC-E26 11 17
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NONPROFITS
INSURANCE
ALLLINCE OF CALIFORNIA
A Head for Insurance. A Heart for Nonprofits.
POLICY NUMBER: 2022-00441
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED
PRIMARY AND NON-CONTRIBUTORY
ENDORSEMENT FOR PUBLIC ENTITIES
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Person or Organization:
A. Section II — WHO IS AN INSURED is amended to include:
4. Any public entity as an additional insured, and the officers, officials, employees, agents and/or volunteers
of that public entity, as applicable, who may be named in the Schedule above, when you have agreed in a
written contract or written agreement presently in effect or becoming effective during the term of this policy,
that such public entity and/or its officers, officials, employees, agents and/or volunteers be added as an
additional insured(s) on your policy, but only with respect to liability for "bodily injury', "property damage' or
..personal and advertising injury" caused, in whole or in part, by:
a. Your negligent acts or omissions; or
b. The negligent acts or omissions of those acting on your behalf;
in the performance of your ongoing operations.
No such public entity or individual is an additional insured for liability arising out of the sole negligence by
that public entity or its designated individuals. The additional insured status will not be afforded with
respect to liability arising out of or related to your activities as a real estate manager for that person or
organization.
B. Section III — LIMITS OF INSURANCE is amended to include:
8. The limits of insurance applicable to the public entity and applicable individuals identified as an additional
insured(s) pursuant to Provision A.4. above, are those specified in the written contract between you and
that public entity, or the limits available under this policy, whichever are less. These limits are part of and
not in addition to the limits of insurance under this policy.
C. With respect to the insurance provided to the additional insured(s), Condition 4. Other Insurance of
SECTION IV— COMMERCIAL GENERAL LIABILITY CONDITIONS is replaced by the following:
4. Other Insurance
a. Primary Insurance
This insurance is primary if you have agreed in a written contract or written agreement:
(1) That this insurance be primary. If other insurance is also primary, we will share with all that
other insurance as described in c. below; or
NIAC-E61 02 19
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REViEWm 6 APPRWm BY.
RISMMa,ngem tCls lAde
NONPROFITS
INSURANCE
ALLIANCE OF CALIFOIWIA
A Head for Insurance. A Heartfor Nonprofits.
POLICY NUMBER: 2022-00441
(2) The coverage afforded by this insurance is primary and non-contributory with the additional
insured(s)' own insurance.
Paragraphs (1) and (2) do not apply to other insurance to which the additional insured(s) has been
added as an additional insured or to other insurance described in paragraph b. below.
b. Excess Insurance
This insurance is excess over:
1. Any of the other insurance, whether primary, excess, contingent or on any other basis:
(a) That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for
"your work";
(b) That is fire, lightning, or explosion insurance for premises rented to you or temporarily
occupied by you with permission of the owner;
(c) That is insurance purchased by you to cover your liability as a tenant for "property damage"
to premises temporarily occupied by you with permission of the owner; or
(d) If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent
not subject to Exclusion g, of SECTION I — COVERAGE A— BODILY INJURY AND
PROPERTY DAMAGE.
(a) Any other insurance available to an additional insured(s) under this Endorsement covering
liability for damages which are subject to this endorsement and for which the additional
insured(s) has been added as an additional insured by that other insurance.
(1) When this insurance is excess, we will have no duty under Coverages A or B to defend the
additional insured(s) against any "suit" if any other insurer has a duty to defend the additional
insured(s) against that "suit". If no other insurer defends, we will undertake to do so, but we will
be entitled to the additional insured(s)' rights against all those other insurers.
(2) When this insurance is excess over other insurance, we will pay only our share of the amount of
the loss, if any, that exceeds the sum of:
(a) The total amount that all such other insurance would pay for the loss in the absence of this
insurance; and
(b) The total of all deductible and self -insured amounts under all that other insurance.
(3) We will share the remaining loss, if any, with any other insurance that is not described in this
Excess Insurance provision and was not bought specifically to apply in excess of the Limits of
Insurance shown in the Declarations of this Coverage Part.
c. Methods of Sharing
If all of the other insurance available to the additional insured(s) permits contribution by equal
shares, we will follow this method also. Under this approach each insurer contributes equal
amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever
comes first.
If any other the other insurance available to the additional insured(s) does not permit contribution by
equal shares, we will contribute by limits. Under this method, each insurer's share is based on the
ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers.
NIAC-E61 02 19
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NONPROFITS
INSURANCE
-W ALLIANCE OF CALIFORNIA
A Head for Insurance. A Heart for Nonprofits.
NONPROFITS INSURANCE ALLIANCE
OF CALIFORNIA (NIAC)
www.insurancefornonprofits.org
COMMERCIAL UMBRELLA POLICY DECLARATIONS
PRODUCER: POLICY NUMBER: 2022-00441-UMB
Arthur J. Gallagher & Co. Ins Brokers of CA, Inc.
505 North Brand Blvd. Suite 600 RENEWAL OF NUMBER: 2021-00441-UMB-NPO
Glendale, CA 91203
Item 1 NAME OF INSURED AND MAILING ADDRESS:
Community Action Partnership of Orange County
11870 Monarch St.
Garden Grove, CA 92841
Item 2 POLICY PERIOD: FROM 7/1/2022 TO 7/1/2023
AT 12:01 A.M. STANDARD TIME AT YOUR MAILING ADDRESS SHOWN ABOVE
BUSINESS DESCRIPTION: Community services
IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS
POLICY, WE AGREE WITH YOU TO PROVIDE THE COVERAGE AS STATED IN THIS POLICY.
Item 3 THE ANNUAL AND MINIMUM PREMIUM DUE AT INCEPTION: $29,553
(premium includes Terrorism Coverage - Certified Acts: $938
but only for policies that indicate coverage on Schedule A - Schedule of Underlying Insurance)
Item 4 LIMITS OF INSURANCE:
a. Occurrence / Accident / Injury / Claim Limits (where applicable): ............................................
5,000,000
i) Each Occurrence - Commercial General Liability and Products -
Completed Operations Liability
ii) Each Accident- Business Auto Liability
iii) Each Injury - Liquor Liability
iv) Each Claim - Employee Benefits Liability
b. Each Claim - Directors and Officers Liability ..........................................................................
1,000,000
C. Each Claim - Improper Sexual Conduct and Physical Abuse Liability .....................................
5,000,000
d. Each Claim - Social Service Professional Liability ..................................................................
5,000,000
Aggregate limits:
e. Commercial General Liability, Business Auto Liability, Products- Completed Operations
Liability, Liquor Liability, and Employee Benefits Liability Aggregate
(where applicable): .................................................................................................................. 5,000,000
f. Directors and Officers Liability Aggregate................................................................................ 1,000,000
g. Improper Sexual Conduct and Physical Abuse Liability Aggregate ........................................ 5,000,000
h. Social Service Professional Liability Aggregate....................................................................... 5,000,000
Item 5 RETROACTIVE DATES- SEE SCHEDULE OF UNDERLYING INSURANCE
FORMS AND ENDORSEMENTS ATTACHED TO THIS POLICY AT INCEPTION (NUMBER AND EDITION DATE):
CU 21 30 01 15, CU 21 33 a 01 15, CU 21 33 s 01 15. IL 09 99 12 20, NIAC-EO03 UMB 08 20, NIAC-E133 UMB 05 20, NAG-E180 UMB 01 21, NIAC-E253 UMB 08 21,
NIAC-E42 UMB 0919, SCHEDULE A 0180, UMB 23106 16, UMB 232 06 16. UMB-100 05 21, UMB61 05 13
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