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HomeMy WebLinkAboutILLUMINATION FOUNDATION (28)GPPr to� INSUYIANDE 6N FILE WORK NIAY PROCEED UNTIL IMURANGE EXPIRES 1-1-23 CLERK OF COUNCIL DATE: SIR )fpr HOMELESS HOUSING, ASSISTANCE AND PREVENTION SUBCONTRACTOR AGREEMENT BETWEEN THE CITY OF SANTA ANA AND THE ILLUNIINATION FOUNDATION A-2021-175-03 THIS GRANT AGREEMENT ("HHAP-3 Agreement'), is hereby made and entered into o this Deccpil, .+- 10, 20ZL 2022, by and between the City of Santa Ana, a charter city and municipal corporation of the State of California ("Contractor"), and The Illumination Foundation o~ ("Subcontractor"). o RECITALS: A. Pursuant to Chapter 6 (commencing with Section 50216) of Part 1 of Division 31 of the Health and Safety Code (Added by Stats.2019, c. 159 (A.B. 101), Section 10, eff July 31. 2019), the State of California has established the Homeless, Housing, Assistance and Prevention Program ("HHAP"). HHAP is administered by the California Homeless Coordinating and Financing Council in the Business Consumer Services and Housing Agency. HHAP provides one-time flexible block grant funds to continuums of care, large cities (population of 300,000+) and counties as defined in the December 6, 2019 HHAP Notice of Funding Availability to support regional coordination and expand or develop local capacity to address immediate homelessness challenges informed by a best -practices framework focused on moving homeless individuals and families into permanent housing and supporting the efforts of those individuals and families to maintain their permanent housing. B. Contractor is the recipient of HHAP-3 funds from the State of California. In 2022, Contractor entered into Agreement Number 22-HHAP-10004 with the State of California receiving and recognizing $2,058,070.34 in HHAP-3 grant funds to be used by Contractor to address immediate homeless challenges ("State HHAP-3 Agreement'). Pursuant to the State of California, Contractor will receive an additional disbursement of HHAP-3 funds in the amount of $8,232,281.35. A true and correct copy of the State HHAP-3 Agreement is attached hereto as Exhibit A and incorporated herein by this reference. C. Subcontractor has been made aware of the State HHAP-3 Agreement and agrees to comply with all the conditions of the State HHAP-3 Agreement and the applicable State requirements governing the use of HHAP-3 grant funds. D. Contractor entered into an Agreement with Subcontractor to operate the Homeless Navigation Center located at 1815 E. Carnegie, Santa Ana, for City clients, Agreement No. A-2021-175, dated September 7, 2021, as amended by Agreement No. A-2021-175-01, dated May 19, 2022, by which Contractor committed a set amount of funds to Subcontractor for the operation of the Homeless Navigation Center located at 1815 E. Carnegie, Santa Ana (`Program"). E. Contractor now approves the provision of HHAP-3 grant funds to Subcontractor in an amount not to exceed $2,040,992.00, to be used in the operation of the Program. This $2,040,992.00 in HHAP-3 grant funds shall count toward the amount of funds due from the Contractor to Subcontractor under Agreement No. A-2021-175, as amended. F. Subcontractor represent that it has the requisite qualifications, expertise, and experience in the provision of the Program and is willing to use said HHAP-3 grant funds to operate said Program. G. This HHAP-3 Agreement is contingent upon the award of HHAP-3 grant funds from the State of California, California Homeless Coordinating and Financing Council in the Business, Consumer Services and Housing Agency. H. Contractor and Subcontractor have duly executed this HHAP-3 Agreement for the expenditure and utilization of said HHAP-3 funds. NOW THEREFORE, it is agreed by and between the parties that the foregoing Recitals are a substantive part of this HHAP-3 Agreement, and the following terms and conditions are approved and together with all exhibits and attachments hereto, shall constitute the entire HHAP- 3 Agreement between the Contractor and Subcontractor: 1. SCOPE OF SERVICES Subcontractor shall perform during the term of this HHAP-3 Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services necessary for the Program, the operation of the Homeless Navigation Center at 1815 E. Carnegie, Santa Ana, for City clients. 2. TERM This HHAP-3 Agreement shall take effect on the date first written above and shall terminate on June 30, 2026, unless otherwise cancelled or modified according to the terms of this HHAP-3 Agreement. This HHAP-3 Agreement shall also cover any and all services provided by the Subcontractor since the date the HHAP-3 grant funds were awarded to the Contractor. 3. DISBURSEMENT AND FUNDS A. Contractor was allocated $2,058,070.34 in HHAP-3 grant funds from the State of California, with an additional $8,232,281.35 in HHAP-3 grants funds to be disbursed to Contractor, to be encumbered by May 31, 2024. Contractor agrees to pay to Subcontractor when, if and to the extent State HHAP-3 grant funds are received a sum not to exceed $2,040,992.00 for Subcontractor's performance of the Program through the term of this HHAP-3 Agreement, which shall count toward the amount of funds due from the Contractor to Subcontractor under Agreement No. A-2021-175, as amended. Said sum shall be paid after Contractor receives invoices submitted by Subcontractor as provided herein. 2 B. Subcontractor shall submit monthly invoices (on or before the 15' day of each month) in a form prescribed by the Contractor, detailing such expenses. Such schedule may be modified with the approval of the Contractor. C. Payment is subject to the receipt and approval of such invoices and quarterly activity reports. Contractor shall pay such invoices within thirty (30) days after receipt thereof, provided Contractor is satisfied that such expenses have been incurred within the scope of this HHAP-3 Agreement and that the Subcontractor is in compliance with the terms and conditions of this HHAP-3 Agreement. The thirty (30) day period will discontinue if the reimbursement request is determined to be incomplete and will restart the thirty -day timeline once the remaining required elements have been submitted. Failure to provide any of the required documentation will cause the Contractor to withhold all or a portion of a request for reimbursement until such documentation has been received and approved by the Contractor. D. Subcontractor agrees to use said funds pursuant to this HHAP-3 Agreement to pay for necessary and reasonable costs allowable under state law and regulations to operate said HHAP-3 Program only. Said amounts shall include and will be limited to the operation of the Program only. Subcontractor's failure to perform as required may, in addition to other remedies set forth in this HHAP-3 Agreement, result in readjustment of the amount of funds the Contractor is otherwise obligated to pay to the Subcontractor pursuant to the terms hereof, or termination of this HHAP-3 Agreement. 4. STATE HHAP-3 AGREEMENT A. Contractor entered into State HHAP-3 Agreement Number 22-HHAP-10004 with the State of California receiving and recognizing $2,058,070.34 in HHAP-3 grant funds, with an additional $8,232,281.35 to be disbursed, to be used by Contractor to address immediate homeless challenges. A true and correct copy of the State HHAP-3 Agreement is attached hereto as Exhibit A and incorporated herein by this reference. Subcontractor has been made aware of the State HHAP-3 Agreement and agrees to comply with all the conditions of the State HHAP-3 Agreement and the applicable State requirements governing the use of HHAP-3 grant funds. B. Pursuant to the State HHAP-3 Agreement, Subcontractor is required to: Perform the work in accordance with Federal, State and Local housing and building codes, as applicable. ii. Maintain at least the minimum State -required worker's compensation for those employees who will perform the work or any part of it. iii. Maintain, as required by law, unemployment insurance, disability insurance, and liability insurance in an amount that is reasonable to compensate any person, firm or corporation who may be injured or damaged by the Subcontractor in performing the work or any part of it. iv. Agree to include all the terms of the State HHAP-3 Agreement in each subcontract. 5. INDEPENDENT CONTRACTOR Subcontractor shall, during the entire term of this HHAP-3 Agreement, be constructed to be an independent contractor and not an employee of the Contractor. This HHAP-3 Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the Contractor to exercise discretion or control over the professional manner in which Subcontractor performs the services which are the subject matter of this HHAP-3 Agreement; however, the services to be provided by Subcontractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Subcontractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. OWNERSHIP OF MATERIALS This HHAP-3 Agreement creates a non-exclusive and perpetual license for Contractor to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Subcontractor under this HHAP-3 Agreement ("Documents & Data"). Subcontractor shall require all subcontractors to agree in writing that Contractor is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this HHAP-3 Agreement. Subcontractor represents and warrants that Subcontractor has the legal right to license any and all Documents & Data. Subcontractor makes no such representation and warranty in regard to Documents & Data which were provided to Subcontractor by the Contractor. Contractor shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this HHAP-3 Agreement shall be at Contractor's sole risk. 7. INSURANCE Subcontractor 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 the performance of the work hereunder and the results of that work by the Subcontractor, its agents, representatives, employees, or subcontractors. a. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at 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 4 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 Subcontractor has no owned autos, Code 8 (hired) and 9 (non -owned), with limit no less than $1,000,000 per accident for bodily injury and property damage. 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. Professional Liability (Errors and Omissions): Insurance appropriate to the Subcontractor's profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate (if applicable). 5. Sexual Abuse or Molestation (SAM) Liability: If the work will include contact with minors, and the CGL policy referenced above is not endorsed to include affirmative coverage for sexual abuse or molestation, Subcontractor shall obtain and maintain a policy covering Sexual Abuse and Molestation with a limit no less than $1,000,000 per occurrence or claim. 6. If the Subcontractor 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 Subcontractor. 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 Subcontractor 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 Subcontractor's insurance (at least as broad as ISO Form CG 20 10 11 85 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). 2. Primary Coverage: For any claims related to this contract, the Subcontractor'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, s employees, or volunteers shall be excess of the Subcontractor's insurance and shall not contribute with it. 3. Notice of Cancellation: Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City. 4. Waiver of Subrogation: Subcontractor hereby grants to City a waiver of any right to subrogation which any insurer of said Subcontractor may acquire against the City by virtue of the payment of any loss under such insurance. Subcontractor 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 Subcontractor 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 (note — should be applicable only to professional liability, see below): If any of the required policies provide claims -made coverage: 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. 3. 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 Subcontractor must purchase "extended reporting" coverage for a minimum of five (5) years after completion of work. 8. Verification of Coverage: Subcontractor 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, 11 failure to obtain the required documents prior to the work beginning shall not waive the Subcontractor's obligation to provide them. 9. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. 10. 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. 8. INDEMNIFICATION Subcontractor agrees to defend, and shall indemnify and hold harmless the Contractor, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Subcontractor, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this HHAP-3 Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this HHAP-3 Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this HHAP-3 Agreement. The Subcontractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the Contractor, including fees and costs for special counsel to be selected by the Contractor, regarding any action by a third party challenging the validity of this HHAP-3 Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this HHAP-3 Agreement. Contractor may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Subcontractor's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Subcontractor. 9. RECORDS Subcontractor shall keep records and invoices in connection with the work to be performed under this HHAP-3 Agreement. Subcontractor shall maintain complete and accurate records with respect to the costs incurred under this HHAP-3 Agreement and any services, expenditures, and disbursements charged to the Contractor for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Subcontractor under this HHAP-3 Agreement. All such records and invoices shall be clearly identifiable. Subcontractor shall allow a representative of the Contractor to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this HHAP-3 7 Agreement during regular business hours. Subcontractor shall allow inspection of all work, data, documents, proceedings, and activities related to this HHAP-3 Agreement for a period of three (3) years from the date of final payment to Subcontractor under this HHAP-3 Agreement. 10, CONFIDENTIALITY If Subcontractor receives from the Contractor information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Subcontractor agrees that it shall not use or disclose such information except in the performance of this HHAP- 3 Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this HHAP-3 Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Subcontractor disclosed in a publicly available source; (c) is in rightful possession of the Subcontractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Subcontractor without reference to information disclosed by the Contractor. 11. CONFLICT OF INTEREST CLAUSE Subcontractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this HHAP-3 Agreement. 12. NON-DISCRIMINATION During the performance of this HHAP-3 Agreement, Subcontractor and its subcontractors shall not deny the contract's benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Subcontractor shall insure that the evaluation and treatment of employees and applicants for employment are free of such discrimination. Subcontractor and its subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code section 12900, et seq.), the regulations promulgated thereunder (Cal. Code Regs., tit. 2, section 11000, et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code sections I1135-11139.5), and the regulations or standards adopted by the awarding state agency to implement such article. Subcontractor shall permit access by representatives of the Department of Fair Employment and Housing and the awarding state agency upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours' notice, to f3 such of its books, records, account, and all other sources of information and its facilities as said Department or Agency shall require to ascertain compliance with this clause. Subcontractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. (See Cal. Code Regs., tit. 2, section 11105.) 13. EXCLUSIVITY AND AMENDMENT This HHAP-3 Agreement and the State HHAP-3 Agreement represent the complete and exclusive statements between the Contractor and Subcontractor, and supersede any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this HHAP-3 Agreement and the State HHAP-3 Agreement, the terms of the State HHAP-3 Agreement shall prevail. This HHAP-3 Agreement may not be modified except by written instrument signed by the Contractor and by an authorized representative of Subcontractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Subcontractor or the Contractor. Each party to this HHAP-3 Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 14. ASSIGNMENT Inasmuch as this HHAP-3 Agreement is intended to secure the specialized services of Subcontractor, Subcontractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the Contractor and any such assignment, transfer, delegation or subcontract without the Contractor's prior written consent shall be considered null and void. Nothing in this HHAP-3 Agreement shall be construed to limit the Contractor's ability to have any of the services which are the subject to this HHAP-3 Agreement performed by Contractor personnel or by other Subcontractors retained by Contractor. 15. TERMINATION This HHAP-3 Agreement may be terminated by the Contractor upon thirty (30) days written notice of termination. In such event, Subcontractor shall be entitled to receive and the Contractor shall pay Subcontractor compensation for all services performed by Subcontractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Subcontractor to deliver to the Contractor all work product(s) completed as of such date, and in such case such work product shall be the property of the Contractor unless prohibited by law, and Subcontractor consents to the Contractor's use thereof for such purposes as the Contractor deems appropriate. b. Payment need not be made for work that fails to meet the standard of performance specified in the Recitals of this HHAP-3 Agreement. 9 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this HHAP-3 Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. JURISDICTION - VENUE This HHAP-3 Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this HHAP-3 Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this HHAP-3 Agreement. 18. PROFESSIONAL LICENSES Subcontractor shall, throughout the term of this HHAP-3 Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Subcontractor shall notify the Contractor immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this HHAP-3 Agreement. 19. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this HHAP-3 Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: CONTRACTOR: Terri Eggers Homeless Services Manager City of Santa Ana Community Development Agency (M-25) 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702-1988 (714) 647-5378 (714) 647-6549 FAX teggers@santa-ana.org 10 SUBRECIPIENT: Illumination Foundation 1091 N. Batavia St. Orange, CA 92867 Attn: Paul Leon, CEO A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 20. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this HHAP-3 Agreement, and shall indemnify Contractor fully, including reasonable costs and attorney's fees, for any injuries or damages to Contractor in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this HHAP-3 Agreement. (Signatures on following page) 11 A-2021-175-03 IN WITNESS WHEREOF, the parties hereto have executed this HHAP-3 Agreement on the date and year first written above. ATTEST e Syr Clerk of the Council APPROVED AS TO FORM SONIA R. CARVALHO City Attorney sy: /atv-- RYO 0.HODGE Assistant City Attorney RECOMMENDED FOR APPROVAL MICHAEL GARCIA Executive Director Community Development Agency 12 CITY OF SANTA ANA KRISTINE RIDGE City Manager THE ILLUMINATION FOUNDATION Name: n Ing Title Chief Financial Officer EXHIBIT A STATE HHAP-3 AGREEMENT NUMBER 22-HHAP-10004 13 SCO ID: STATE OF CALIFORNIA -DEPARTMENT OF GENERAL SERVICES STANDARD AGREEMENT STD 213 (Rev. 04/2020) is entered into between the CONTRACTING AGENCY NAME Business, Consumer Services and Housing Agency CONTRACTOR NAME City of Santa Ana, Community Development Agency 2. The term of this Agreement is: START DATE Upon BCSH approval THROUGH END DATE 10/1/2026 AGREEMENT NUMBER PURCHASING AUTHORITY NUMBER (if Applicable) 22-HHAP-10004 1 010725 3. The maximum amount of this Agreement is: $2,058,070.34 (Two Million Fifty Eight Thousand Seventy Dollars and Thirty Four Cents) 4. The parties agree to comply with the terms and conditions of the following exhibits, which are by this reference made a part of the Agreement. Exhibits Title Pages Exhibit A Authority, Purpose and Scope of Work 8 Exhibit B Budget Detail and Disbursement Provisions 2 Exhibit C Homeless Coordinating and Financing Council General Terms and Conditions 8 Exhibit D Special Terms and Conditions 2 hibit E xh State of California General Terms and Conditions Eibit F Standard Agreement to Apply 5 Itemsshownwithanasterisk M, are hereby incorporated byreferenceandma eparto this agreementas iattachedhereto. These documents can be viewed athttos://www.dgscagov/0 Resources IN WITNESS WHEREOF, THIS AGREEMENT HAS BEEN EXECUTED BY THE PARTIES HERETO. CONTRACTOR CONTRACTOR NAME (if other than an individual, state whether a corporation, partnership, etc.) City of Santa Ana, Community Development Agency CONTRACTOR BUSINESS ADDRESS CITY STATE ZIP 20 Civic Center Plaza, M-25 Santa Ana CA 92701 PRINTED NAME OF PERSON SIGNING TITLE Terri Eggers Homeless Services Manager CONTRACTOR AUTHORIZED SIGNATURE DATE SIGNED TerriE er$ Digitally signed by Terri Eggers g g Date: 2022.01.06 16:49:59-08'00' January 6,2022 Page 1 of 2 SCO ID: STATE OF CALIFORNIA - DEPARTMENT OF GENERAL SERVICES STANDARD AGREEMENT AGREEMENTNUMBER PURCHASING AUTHORITY NUMBER (if Applicable) STD 213 (Rev-04/2020) 22-HHAP-10004 010725 STATE OF CALIFORNIA CONTRACTING AGENCY NAME Business, Consumer Services and Housing Agency CONTRACTING AGENCY ADDRESS CITY STATE ZIP 915 Capitol Mall, Suite 350-A Sacramento CA 95814 PRINTED NAME OF PERSON SIGNING TITLE Lourdes Castro Ramirez Secretary CONTRACTING AGENCY AUTHORIZED SIGNATURE DATE SIGNED I Feb 24, 2022 Lou astro Ramirez Feb 34 202215:06 P6 CALIFORNIA DEPARTMENT OF GENERAL SERVICES APPROVAL EXEMPTION (If Applicable) Page 2 of 2 City of Santa Ana 22-HHAP-10004 Page 1 of 26 Homeless Housing, Assistance, and Prevention Program Round 3 (HHAP-3) Standard Agreement Initial Disbursement Contract for Funds EXHIBIT A AUTHORITY, PURPOSE AND SCOPE OF WORK 1) Authority The State of California has established the Homeless Housing, Assistance, and Prevention Program Round 3 ("HHAP-3" or `Program") pursuant to Chapter 6 (commencing with Section 50216) of Part 1 of Division 31 of the Health and Safety Code. (Amended by Stats. 2021, Ch. 111, Sec. 4. (AB 140) Effective July 19, 2021 The Program is administered by the California Homeless Coordinating and Financing Council ("HCFC") in the Business, Consumer Services and Housing Agency ("Agency"). HHAP-3 provides flexible block grant funds to Continuums of Care, large cities (population of 300,000+) and counties to build on the regional coordination created through previous HCFC grant funding and support local jurisdictions in their unified regional responses to reduce and end homelessness. This Standard Agreement/Initial Disbursement Contract for Funds along with all its exhibits ("Agreement') is entered into by the Agency and a Continuum of Care, a city, or a county ("Grantee") under the authority of, and in furtherance of the purpose of, the Program. In signing this Agreement and thereby accepting this award of funds, the Grantee agrees to comply with the terms and conditions of this Agreement, the Standard Agreement to Apply signed and submitted by the Grantee (Exhibit F), and the requirements appearing in the statutory authority for the Program cited above. 2) Purpose The general purpose of the Program is to continue to build on regional coordination developed through previous rounds of funding of the Homelessness Emergency Aid Program (Chapter 5 (commencing with Section 50210)), the program established under this chapter, and COVID-19 funding to reduce homelessness. This funding shall: a) Continue to build regional collaboration between continuums of care, counties, and cities in a given region, regardless of population, and ultimately be used to develop a unified regional response to homelessness. b) Be paired strategically with other local, state, and federal funds provided to address homelessness in order to achieve maximum impact. Grantees of this funding are encouraged to reference Putting the Funding Pieces Together: Guide THE Initial City of Santa Ana 22-HHAP-10004 Page 2 of 26 to Strategic Uses of New and Recent State and Federal Funds to Prevent and End Homelessness in their planning efforts. c) Be deployed with the goal of reducing the number of people experiencing homelessness in a given region through investing in long-term solutions, such as permanent housing. d) Include the State as an integral partner through the provision of technical assistance, sharing of best practices, and implementing an accountability framework to guide the structure of current and future state investments. In accordance with the authority cited above, a Standard Agreement to Apply was submitted by the Grantee for the initial disbursement of HHAP-3 funds to be allocated to the Grantee pursuant to Health and Safety Code 50220.7(a)(4)(A). 3) Definitions The following HHAP-3 program terms are defined in accordance with Health and Safety Code section 50216, subdivisions (a) — (r): a) "Agency" means the Business, Consumer Services, and Housing Agency. b) "Applicant' means a Continuum of Care, city, or county. c) "City" means a city or city and county that is legally incorporated to provide local government services to its population. A city can be organized either under the general laws of this state or under a charter adopted by the local voters. d) "Continuum of Care" means the same as defined by the United States Department of Housing and Urban Development at Section 578.3 of Title 24 of the Code of Federal Regulations. e) "Coordinated Entry System" means a centralized or coordinated process developed pursuant to Section 578.7 of Title 24 of the Code of Federal Regulations, as that section read on January 10, 2019, designed to coordinate homelessness program participant intake, assessment, and provision of referrals. In order to satisfy this subdivision, a centralized or coordinated assessment system shall cover the geographic area, be easily accessed by individuals and families seeking housing or services, be well advertised, and include a comprehensive and standardized assessment tool. f) "Council' means the Homeless Coordinating and Financing Council created pursuant to Section 8257 of the Welfare and Institutions Code. g) "Emergency shelter" has the same meaning as defined in subdivision (e) of Section 50801. THE Initial City of Santa Ana 22-HHAP-10004 Page 3 of 26 h) "Homeless" has the same meaning as defined in Section 578.3 of Title 24 of the Code of Federal Regulations, as that section read on January 10, 2019. i) "Homeless Management Information System" means the information system designated by a Continuum of Care to comply with federal reporting requirements as defined in Section 578.3 of Title 24 of the Code of Federal Regulations. The term "Homeless Management Information System" also includes the use of a comparable database by a victim services provider or legal services provider that is permitted by the federal government under Part 576 of Title 24 of the Code of Federal Regulations. j) "Homeless point -in -time count" means the 2019 homeless point -in -time count pursuant to Section 578.3 of Title 24 of the Code of Federal Regulations. A jurisdiction may elect to instead use their 2017 point -in -time count if they can demonstrate that a significant methodology change occurred between the 2017 and 2019 point -in -time counts that was based on an attempt to more closely align the count with HUD best practices and undertaken in consultation with HUD representatives. A jurisdiction shall submit documentation of this to the agency by the date by which HUD's certification of the 2019 homeless point -in -time count is finalized. The agency shall review and approve or deny a request described in the previous sentence along with a jurisdiction's application for homeless funding. k) "Homeless youth" means an unaccompanied youth between 12 and 24 years of age, inclusive, who is experiencing homelessness, as defined in subsection (2) of Section 725 of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a(2)). "Homeless youth" includes unaccompanied youth who are pregnant or parenting. 1) "Housing First" has the same meaning as in Section 8255 of the Welfare and Institutions Code, including all of the core components listed therein. m) "Jurisdiction" means a city, city that is also a county, county, or Continuum of Care, as defined in this section. n) "Navigation center" means a Housing First, low -barrier, service -enriched shelter focused on moving homeless individuals and families into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing. o) "Program' means the Homeless Housing, Assistance, and Prevention program established pursuant to this chapter. 1) "Round V of the program means the funding allocated under the program with moneys appropriated during the fiscal year beginning on July 1, 2019. THE Initial City of Santa Ana 22-HHAP-10004 Page 4 of 26 2) "Round 2" of the program means the funding allocated under the program with moneys appropriated during the fiscal year beginning on July 1, 2020. 3) "Round 3" of the program means the funding allocated under the program with moneys appropriated during the fiscal year beginning on July 1, 2021. 4) 'Round 4" of the program means the funding allocated under the program with moneys appropriated during the fiscal year beginning on July 1, 2022. p) "Program allocation" means the portion of program funds available to expand or develop local capacity to address immediate homelessness challenges. q) "Recipient' means a jurisdiction that receives funds from the agency for the purposes of the program. r) "Tribe" or "tribal applicant' means a federally recognized tribal government pursuant to Section 4103 of Title 25 of the United States Code. Additional definitions for the purposes of the HHAP-3 program: "Obligate" means that the Grantee has placed orders, awarded contracts, received services, or entered into similar transactions that require payment using HHAP-3 funding. Grantees, and the subrecipients who receive awards from those Grantees, must obligate the funds by the statutory deadlines set forth in this Exhibit A. "Expended" means all HHAP-3 funds obligated under contract or subcontract have been fully paid and receipted, and no invoices remain outstanding. 4) Scope of Work The Scope of Work ("Work") for this Agreement shall include uses that are consistent with Health and Safety Code (HSC) section 50218.6, subdivision (e), and section 50220.7, subdivisions (a)(4)-(5) & (f), and any other applicable laws. By accepting these funds, the Grantee acknowledges that this initial disbursement of funds is a portion of their total allocation under the HHAP-3 Program, to be used solely for the purposes outlined below, and that in order to receive the remaining balance of its HHAP-3 program allocation, an applicant shall submit an application to the council by June 30, 2022, that includes a local homelessness action plan and specific outcome goals in accordance with the requirements laid out in HSC § 50220.7(b). The Grantee may expend this initial disbursement of funds to complete the local homelessness action plan, required by HSC § 50220.7(b)(3)(A), including paying for any technical assistance or contracted entities to support the completion of the homelessness action plan. THE Initial City of Santa Ana 22-HHAP-10004 Page 5 of 26 For funds not spent on the Grantee's homelessness action plan, priority for these initial funds shall be for systems improvement, including, but not limited to, all of the following: A) Capacity building and workforce development for service providers within the jurisdiction, including removing barriers to contracting with culturally specific service providers and building capacity of providers to administer culturally specific services B) Funding existing evidence -based programs serving people experiencing homelessness. C) Investing in data systems to meet reporting requirements or strengthen the recipient's Homeless Management Information System. D) Improving homeless point -in -time counts E) Improving coordinated entry systems to eliminate racial bias or to create a youth - specific coordinated entry system. For any remaining funds not spent on the Grantee's homelessness action plan or systems improvement, the Grantee shall expend funds on existing evidence -based_ programs serving people experiencing homelessness among eligible populations, including any of the following eligible uses: a) Rapid rehousing, including rental subsidies and incentives to landlords, such as security deposits and holding fees. b) Operating subsidies in new and existing affordable or supportive housing units, emergency shelters, and navigation centers. Operating subsidies may include operating reserves. c) Street outreach to assist persons experiencing homelessness to access permanent housing and services. d) Services coordination, which may include access to workforce, education, and training programs, or other services needed to promote housing stability in supportive housing. e) Systems support for activities necessary to create regional partnerships and maintain a homeless services and housing delivery system, particularly for vulnerable populations including families and homeless youth. f) Delivery of permanent housing and innovative housing solutions, such as hotel and motel conversions. g) Prevention and shelter diversion to permanent housing, including rental subsidies. THE Initial City of Santa Ana 22-HHAP-10004 Page 6 of 26 h) New navigation centers and emergency shelters based on demonstrated need. Demonstrated need for purposes of this paragraph shall be based on the following: i) The number of available shelter beds in the city, county, or region served by a Continuum of Care. ii) The number of people experiencing unsheltered homelessness in the homeless point -in -time count. iii) Shelter vacancy rate in the summer and winter months. iv) Percentage of exits from emergency shelters to permanent housing solutions. v) A plan to connect residents to permanent housing. A) Any new interim sheltering funded by HHAP-3 funds must be low barrier, comply with Housing First as provided in Chapter 6.5 (commencing with Section 8255) of Division 8 of the Welfare and Institutions Code, and prioritize interventions other than congregate shelters. i) Improvements to existing emergency shelters to lower barriers and increase privacy. In addition to the funding use requirements described above, the Grantee's expenditure of its entire HHAP-3 allocation must also comply with the following: a) At least 10 percent of the funds shall be spent on services for homeless youth populations. b) Not more than 7 percent of funds may be used for administrative costs incurred by the city, county, or continuum of care to administer its program allocation. For purposes of this Agreement, "administrative costs" does not include staff or other costs directly related to implementing activities funded by the program allocation. 5) Agency Contract Coordinator The Agency's Contract Coordinator for this Agreement is the Council's Grant Director or the Grant Director's designee. Unless otherwise instructed, any notice, report, or other communication requiring an original Grantee signature for this Agreement shall be mailed to the Agency Contract Coordinator. If there are opportunities to send information electronically, Grantee will be notified via email by the Council's Grant Director or the Grant Director's designee. THE Initial City of Santa Ana 22-HHAP-10004 Page 7 of 26 The Representatives during the term of this Agreement will be: PROGRAM GRANTEE ENTITY: Business Consumer Services and City of Santa Ana, Community Development Housing Agency Agency SECTION/UNIT: Homeless Coordinating and Financing Council (HCFC) ADDRESS: 915 Capitol Mall Suite 350-A 20 Civic Center Plaza, M-25, Santa Ana, CA Sacramento, CA, 95814 92701 CONTRACT COORDINATOR Victor Duron Terri Eggers PHONE NUMBER: (916) 510-9442 (714) 647-5378 EMAIL ADDRESS: Victor, Duron@bcsh.ca.gov teggers@santa-ana.org All requests to update the Grantee information listed within this Agreement shall be emailed to the HHAP Program's general email box at hhap@bcsh.ca.gov. The Council reserves the right to change their representative and/or contact information at any time with notice to the Grantee. 6) Effective Date, Term of Agreement, and Deadlines a) This Agreement is effective upon approval by the Agency (indicated by the signature provided by Agency in the lower left section of page one, Standard Agreement, STD. 213), when signed by all parties. b) This Agreement shall terminate on October 1, 2026, or upon delivery of the HHAP-3 final report required by HSC § 50223(b), whichever is sooner. c) Grantee shall submit an application for the remainder of their HHAP-3 allocation by June 30, 2022 in compliance with HSC § 50220.7(b). d) Grantee shall report on the activities funded pursuant this Agreement in the first expenditure report submitted to the Council after disbursement of the remaining funds, as required by HSC §§ 50221 and 50223. e) Grantees that are cities or continuums of care shall contractually obligate no less than 50 percent of HHAP-3 funds by May 31, 2024. If less than 50 percent is obligated after May 31, 2024, continuums of care and cities shall not expend any remaining portion of the 50 percent of program allocations required to have been obligated unless and until both of the following occur: THE Initial City of Santa Ana 22-HHAP-10004 Page 8 of 26 1) On or before June 30, 2024, the Grantee submits an alternative disbursement plan to HCFC that includes an explanation for the delay. ii) HCFC approves the alternative disbursement plan or provides the Grantee with guidance on the revisions needed in order to approve the alternative disbursement plan. iii) If the funds identified in the approved alternative disbursement plan are not fully expended by December 31, 2024, the funds shall be returned to the HCFC to be allocated as bonus awards. f) Grantees that are counties shall contractually obligate the full allocation (100 percent) awarded to them by May 31, 2024. Any funds that are not contractually obligated by this date shall be reverted to the Continuum of Care that serves the county. Specific to Los Angeles County, funds that are not contractually obligated by this date shall be divided proportionately using the HHAP-3 funding allocation formula among the four CoC's that serve Los Angeles County: City of Glendale CoC, City of Pasadena CoC, the City of Long Beach CoC, and the Los Angeles Homeless Services Authority. Counties not obligating their full program allocation by May 31, 2024 are required to notify HCFC, on or before that date, of the name of the CoC(s) in which the county is served, and the amount of program funds that will be reverted to the CoC(s). By June 30, 2024, the county shall provide HCFC with evidence that the funds were transferred and submit an updated budget that clearly identifies the funds that were transferred. g) Grantees that do not meet the expenditure deadlines in HSC § 50220.7(k) shall not be eligible for bonus funding. h) HHAP-3 funds shall be expended by June 30, 2026 In accordance with Health and Safety Code section 50220.5, subdivision (1), HCFC retains the right to require a corrective action plan of grantees that are not on track to fully expend funds by the statutorily required deadline. j) Any funds not expended by June 30, 2026 shall be available for round 4 of the program pursuant to HSC § 50218.7. 7) Special Conditions Agency reserves the right to add any special conditions to this Agreement it deems necessary to ensure that the goals of the Program are achieved. THE Initial City of Santa Ana 22-HHAP-10004 Page 9 of 26 Homeless Housing, Assistance, and Prevention Program Round 3 (HHAP-3) Standard Agreement 14.1:11=1`i BUDGET DETAIL and DISBURSEMENT PROVISIONS 1) Budget Detail & Changes The Grantee agrees that HHAP-3 funds shall be expended on uses that support regional coordination and expand or develop local capacity to address immediate homelessness challenges. Such activities must be informed by a best -practices framework focused on moving people experiencing homelessness into permanent housing and supporting the efforts of those individuals and families to maintain their permanent housing. The Grantee shall expend this initial disbursement of HHAP-3 funds on eligible activities as detailed in Health and Safety Code Section 50220.7, subdivisions (a)(4)(B), (a)(5), (e), and (f). 2) General Conditions Prior to Disbursement All Grantees must submit the following forms prior to HHAP-3 funds being released: • Request for Funds Form ("RFF") • STD 213 Standard Agreement form and initialed Exhibits A through F • STD 204 Payee Data Record or Government Agency Taxpayer ID Form 3) Disbursement of Funds HHAP-3 funds will be disbursed to the Grantee upon receipt, review and approval of the completed Standard Agreement and RFF by Agency, the Department of General Services (DGS) and the State Controller's Office (SCO). The RFF must include the proposed eligible uses and the amount of funds proposed for expenditure under each eligible use. This initial disbursement of HHAP-3 funds will be disbursed in one allocation via mailed check once the RFF has been received by the SCO. Checks will be mailed to the address and contact name listed on the RFF. Grantee agrees that in order to receive the remaining balance of the allocation awarded to them pursuant HSC § 50218.6(a)(1), Grantee must submit an application that meets the requirements of HSC § 50220.7(b) and this application must be approved by HCFC prior to a second disbursement of funds. Additionally, Grantee will be required to enter into a separate Standard Agreement in order to receive their remaining allocation. THE Initial City of Santa Ana 22-HHAP-10004 Page 10 of 26 4) Expenditure of Funds This initial disbursement of HHAP-3 funds must be spent in accordance with HSC sections 50218.6(e) and 50220.7, subdivisions (a)(4)(B), (a)(5), (e), and (f), as described in Exhibit A, Section 4 "Scope of Work". 5) Ineligible Costs HHAP-3 funds shall not be used for costs associated with activities in violation of any law or for any activities not consistent with the intent of the Program and the eligible uses identified in Health and Safety Code section 50220.7, subdivisions (a)(4)(B), (a)(5), (e), and (f). HCFC reserves the right to request additional clarifying information to determine the reasonableness and eligibility of all uses of the funds made available by this Agreement. If the Grantee or its funded subrecipients use HHAP-3 funds to pay for ineligible activities, the Grantee shall be required to reimburse these funds to Agency. An expenditure which is not authorized by this Agreement, or by written approval of the Grant Manager or his/her designee, or which cannot be adequately documented, shall be disallowed and must be reimbursed to Agency by the Grantee. HCFC, at its sole and absolute discretion, shall make the final determination regarding the allowability of HHAP-3 fund expenditures. Program funds shall not be used to supplant existing local funds for homeless housing, assistance, or prevention. Reimbursements are not permitted in HHAP-3 for any expenditures prior to the date of execution of this Agreement. THE Initial City of Santa Ana 22-HHAP-10004 Page 11 of 26 Homeless Housing, Assistance, and Prevention Program Round 3 (HHAP-3) Standard Agreement EXHIBIT C GENERAL TERMS AND CONDITIONS 1) Termination and Sufficiency of Funds a) Termination of Agreement Agency may terminate this Agreement at any time for cause by giving a minimum of 14 days' notice of termination, in writing, to the Grantee. Cause shall consist of violations of any conditions of this Agreement, any breach of contract as described in paragraph 6 of this Exhibit C; violation of any federal or state laws; or withdrawal of Agency's expenditure authority. Upon termination of this Agreement, unless otherwise approved in writing by Agency, any unexpended funds received by the Grantee shall be returned to Agency within 30 days of Agency's notice of termination. b) Sufficiency of Funds This Agreement is valid and enforceable only if sufficient funds are made available to Agency by legislative appropriation. In addition, this Agreement is subject to any additional restrictions, limitations or conditions, or statutes, regulations or any other laws, whether federal or those of the State of California, or of any agency, department, or any political subdivision of the federal or State of California governments, which may affect the provisions, terms or funding of this Agreement in any manner. 2) Transfers Grantee may not transfer or assign by subcontract or novation, or by any other means, the rights, duties, or performance of this Agreement or any part thereof, except as allowed within Exhibit C Section 12 (Special Conditions — Grantees/Sub Grantee) or with the prior written approval of HCFC and a formal amendment to this Agreement to affect such subcontract or novation. 3) Grantee's Application for Funds Pursuant to HSC § 50220.7(a)(1), Grantee is required to submit to HCFC an application for the remainder of their HHAP-3 allocation to support regional coordination and expand or develop local capacity to address its immediate homelessness challenges. THE Initial City of Santa Ana 22-H HAP-10004 Page 12 of 26 4) Reporting/Audits a) Reporting Requirements i) Activities funded under this Agreement shall be reported on in the first expenditure report submitted to HCFC following the disbursement of the remaining funds. If the Grantee fails to provide such documentation, HCFC may recapture any portion of the amount authorized by this Agreement with 14-day written notification. ii) Grantee is also required to comply with the reporting requirements in HSC E 50221 and 50223, as applicable b) Auditing Agency reserves the right to perform or cause to be performed a financial audit. At Agency request, the Grantee shall provide, at its own expense, a financial audit prepared by a certified public accountant. HHAP-3 administrative funds may be used to fund this expense. Should an audit be required, the Grantee shall adhere to the following conditions: i) The audit shall be performed by an independent certified public accountant. ii) The Grantee shall notify Agency of the auditor's name and address immediately after the selection has been made. The contract for the audit shall allow access by Agency to the independent auditor's working papers. iii) The Grantee is responsible for the completion of audits and all costs of preparing audits. iv) If there are audit findings, the Grantee must submit a detailed response acceptable to Agency for each audit finding within 90 days from the date of the audit finding report. 5) Inspection and Retention of Records a) Record Inspection HCFC or its designee shall have the right to review, obtain, and copy all records and supporting documentation pertaining to performance under this Agreement. The Grantee agrees to provide HCFC, or its designee, with any relevant information requested. The Grantee agrees to give HCFC or its designee access to its premises, upon reasonable notice and during normal business hours, for the purpose of interviewing employees who might reasonably have information related to such records, and of inspecting and copying such books, records, accounts, and other materials that may be relevant to an investigation of compliance with the Homeless Housing, Assistance, and Prevention Program laws, the HHAP-3 program guidance document published on the website, and this Agreement. THE Initial City of Santa Ana 22-HHAP-10004 Page 13 of 26 In accordance with Health and Safety Code section 50220.7, subdivision (m), i upon inspection of records HCFC identifies noncompliance with grant requirements. HCFC retains the right to impose a corrective action plan on the Grantee. b) Record Retention The Grantee further agrees to retain all records described in subparagraph A for a minimum period of five (5) years after the termination of this Agreement. If any litigation, claim, negotiation, audit, monitoring, inspection or other action has been commenced before the expiration of the required record retention period, all records must be retained until completion of the action and resolution of all issues which arise from it. 6) Breach and Remedies a) Breach of Agreement Breach of this Agreement includes, but is not limited to, the following events: i) Grantee's failure to comply with the terms or conditions of this Agreement. ii) Use of, or permitting the use of, HHAP-3 funds provided under this Agreement for any ineligible activities. iii) Any failure to comply with the deadlines set forth in this Agreement. b) Remedies for Breach of Agreement In addition to any other remedies that may be available to Agency in law or equity for breach of this Agreement, Agency may: i) Bar the Grantee from applying for future HHAP funds; ii) Revoke any other existing HHAP-3 award(s) to the Grantee; iii) Require the return of any unexpended HHAP-3 funds disbursed under this Agreement; iv) Require repayment of HHAP-3 funds disbursed and expended under this Agreement; v) Require the immediate return to Agency of all funds derived from the use of HHAP-3 funds vi) Seek, in a court of competent jurisdiction, an order for specific performance of the defaulted obligation or participation in the technical assistance in accordance with HHAP-3 requirements. c) All remedies available to Agency are cumulative and not exclusive. THE Initial City of Santa Ana 22-HHAP-10004 Page 14 of 26 d) Agency may give written notice to the Grantee to cure the breach or violation within a period of not less than 15 days. 7) Waivers No waiver of any breach of this Agreement shall be held to be a waiver of any prior or subsequent breach. The failure of Agency to enforce at any time the provisions of this Agreement, or to require at any time, performance by the Grantee of these provisions, shall in no way be construed to be a waiver of such provisions nor to affect the validity of this Agreement or the right of Agency to enforce these provisions. 8) Nondiscrimination During the performance of this Agreement, Grantee and its subrecipients shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex (gender), sexual orientation, gender identity, gender expression, race, color, ancestry, religion, creed, national origin (including language use restriction), pregnancy, physical disability (including HIV and AIDS), mental disability, medical condition (cancer/genetic characteristics), age (over 40), genetic information, marital status, military and veteran status, and denial of medical and family care leave or pregnancy disability leave. Grantees and Sub grantees shall ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Grantee and its subrecipients shall comply with the provisions of California's laws against discriminatory practices relating to specific groups: the California Fair Employment and Housing Act (FEHA) (Gov. Code, § 12900 et seq.); the regulations promulgated thereunder (Cal. Code Regs., tit. 2, § 11000 et seq.); and the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code, §§ 11135 - 11139.5). Grantee and its subrecipients shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. 9) Conflict of Interest All Grantees are subject to state and federal conflict of interest laws. For instance, Health and Safety Code section 50220.5, subdivision (i) states, " For purposes of Section 1090 of the Government Code, a representative of a county serving on a board, committee, or body with the primary purpose of administering funds or making funding recommendations for applications pursuant to this chapter shall have no financial interest in any contract, program, or project voted on by the board, committee, or body on the basis of the receipt of compensation for holding public office or public employment as a representative of the county." Failure to complywith these laws, including business and financial disclosure provisions, will result in the application being rejected and any subsequent contract being declared void. Other legal action may also be taken. Additional applicable THE Initial City of Santa Ana 22-HHAP-10004 Page 15 of 26 statutes include, but are not limited to, Government Code section 1090 and Public Contract Code sections 10410 and 10411. a) Current State Employees: No State officer or employee shall engage in any employment, activity, or enterprise from which the officer or employee receives compensation or has a financial interest, and which is sponsored or funded by any State agency, unless the employment, activity, or enterprise is required as a condition of regular State employment. No State officer or employee shall contract on his or her own behalf as an independent Grantee with any State agency to provide goods or services. b) Former State Employees: For the two-year period from the date he or she left State employment, no former State officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements, or any part of the decision -making process relevant to the contract while employed in any capacity by any State agency. For the twelve- month period from the date he or she left State employment, no former State officer or employee may enter into a contract with any State agency if he or she was employed by that State agency in a policy -making position in the same general subject area as the proposed contract within the twelve-month period prior to his or her leaving State service. c) Employees of the Grantee: Employees of the Grantee shall comply with all applicable provisions of law pertaining to conflicts of interest, including but not limited to any applicable conflict of interest provisions of the Political Reform Act of 1974 (Gov. Code, § 81000 et seq.). d) Representatives of a County: A representative of a county serving on a board, committee, or body with the primary purpose of administering funds or making funding recommendations for applications pursuant to this chapter shall have no financial interest in any contract, program, or project voted on by the board, committee, or body on the basis of the receipt of compensation for holding public office or public employment as a representative of the county. 10)Drug-Free Workplace Certification Certification of Compliance: By signing this Agreement, Grantee hereby certifies, under penalty of perjury under the laws of State of California, that it and its subrecipients will comply with the requirements of the Drug -Free Workplace Act of 1990 (Gov. Code, § 8350 et seq.) and have or will provide a drug -free workplace by taking the following actions: Publish a statement notifying employees and subrecipients that unlawful manufacture distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees, Grantees, or subrecipients for violations, as required by Government Code section 8355, subdivision (a)(1). THE Initial City of Santa Ana 22-HHAP-10004 Page 16 of 26 a) Establish a Drug -Free Awareness Program, as required by Government Code section 8355, subdivision (a)(2) to inform employees, Grantees, or subrecipients about all of the following: i) The dangers of drug abuse in the workplace; ii) Grantee's policy of maintaining a drug -free workplace; iii) Any available counseling, rehabilitation, and employee assistance program; and iv) Penalties that may be imposed upon employees, Grantees, and subrecipients for drug abuse violations. b) Provide, as required by Government Code section 8355, subdivision (a)(3), that every employee and/or subrecipient that works under this Agreement: i) Will receive a copy of Grantee's drug -free policy statement, and ii) Will agree to abide by terms of Grantee's condition of employment or subcontract. 11)Child Support Compliance Act For any Contract Agreement in excess of $100,000, the Grantee acknowledges in accordance with Public Contract Code 7110, that: a) The Grantee recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and b) The Grantee, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department. 12)Special Conditions — Grantees/Subgrantee The Grantee agrees to comply with all conditions of this Agreement including the Special Conditions set forth in Exhibit D. These conditions shall be met to the satisfaction of Agency prior to disbursement of funds. The Grantee shall ensure that all Subgrantees are made aware of and agree to comply with all the conditions of THE Initial City of Santa Ana 22-H HAP-10004 Page 17 of 26 this Agreement and the applicable State requirements governing the use of HHAP-3 funds. Failure to comply with these conditions may result in termination of this Agreement. a) The Agreement between the Grantee and any Subgrantee shall require the Grantee and its Subgrantees, if any, to: i) Perform the work in accordance with Federal, State and Local housing and building codes, as applicable. ii) Maintain at least the minimum State -required worker's compensation for those employees who will perform the work or any part of it. III) Maintain, as required by law, unemployment insurance, disability insurance, and liability insurance in an amount that is reasonable to compensate any person, firm or corporation who may be injured or damaged by the Grantee or any Subgrantee in performing the Work or any part of it. iv) Agree to include all the terms of this Agreement in each subcontract. 13)Compliance with State and Federal Laws, Rules, Guidelines and Regulations The Grantee agrees to comply with all state and federal laws, rules and regulations that pertain to construction, health and safety, labor, fair employment practices, environmental protection, equal opportunity, fair housing, and all other matters applicable and/or related to the HHAP-3 program, the Grantee, its subrecipients, and all eligible activities. Grantee shall also be responsible for obtaining any and all permits, licenses, and approvals required for performing any activities under this Agreement, including those necessary to perform design, construction, or operation and maintenance of the activities. Grantee shall be responsible for observing and complying with any applicable federal, state, and local laws, rules or regulations affecting any such work, specifically those including, but not limited to, environmental protection, procurement, and safety laws, rules, regulations, and ordinances. Grantee shall provide copies of permits and approvals to HCFC upon request. 14)lnspections a) Grantee shall inspect any work performed hereunder to ensure that the work is being and has been performed in accordance with the applicable federal, state and/or local requirements, and this Agreement. b) HCFC reserves the right to inspect any work performed hereunder to ensure that the work is being and has been performed in accordance with the applicable federal, state and/or local requirements, and this Agreement. THE Initial City of Santa Ana 22-HHAP-10004 Page 18 of 26 c) Grantee agrees to require that all work that is determined based on such inspections not to conform to the applicable requirements be corrected and to withhold payments to the subrecipient until it is corrected. 15)Litigation a) If any provision of this Agreement, or an underlying obligation, is held invalid by a court of competent jurisdiction, such invalidity, at the sole discretion of Agency, shall not affect any other provisions of this Agreement and the remainder of this Agreement shall remain in full force and effect. Therefore, the provisions of this Agreement are and shall be deemed severable. b) The Grantee shall notify HCFC immediately of any claim or action undertaken by or against it, which affects or may affect this Agreement or Agency, and shall take such action with respect to the claim or action as is consistent with the terms of this Agreement and the interests of Agency. THE Initial City of Santa Ana 22-HHAP-10004 Page 19 of 26 Homeless Housing, Assistance, and Prevention Program Round 3 (HHAP-3) Standard Agreement EXHIBIT D SPECIAL TERMS AND CONDITIONS 1) All proceeds from any interest -bearing account established by the Grantee for the deposit of HHAP-3 funds, along with any interest -bearing accounts opened by subrecipients to the Grantee for the deposit of HHAP-3 funds, must be used for HHAP-3-eligible activities and reported on as required by Agency. 2) Per Health and Safety Code Section 50220.7 (g), any housing -related activities funded with HHAP-3 funds, including but not limited to emergency shelter (per HSC § 50220.7(e)(8)(F)), rapid -rehousing, rental assistance, transitional housing and permanent supportive housing, must be in compliance or otherwise aligned with the core components of Housing First, as described in Welfare and Institutions Code section 8255, subdivision (b). Individuals and families assisted with these funds must not be required to receive treatment or perform any other prerequisite activities as a condition for receiving shelter, housing, or other services for which these funds are used. In addition, HHAP-3 funding shall be used to adopt a Housing First approach within the entire local homelessness response system, including outreach and emergency shelter, short-term interventions like rapid re- housing, and longer -term interventions like supportive housing. 3) Grantee shall utilize its local Homeless Management Information System (HMIS) to track HHAP-3-funded projects, services, and clients served. Grantee will ensure that HMIS data are collected in accordance with applicable laws and in such a way as to identify individual projects, services, and clients that are supported by HHAP-3 funding (e.g., by creating appropriate HHAP-3-specific funding sources and project codes in HMIS). 4) Grantee shall participate in and provide data elements, including, but not limited to, health information, in a manner consistent with federal law, to the statewide Homeless Management Information System (known as the Homeless Data Integration System or "HDIS"), in accordance with their existing Data Use Agreement entered into with the Council, if any, and as required by Health and Safety Code section 50220.6. Any health information provided to, or maintained within, the statewide Homeless Management Information System shall not be subject to public inspection or disclosure under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code). For purposes of this paragraph, "health information" means "protected health information," as defined in Part 160.103 of Title 45 of the Code of Federal Regulations, and "medical information," as defined in subdivision 0) of Section 56.05 of the Civil Code. The Council may, as required by operational necessity, amend or modify required data elements, disclosure formats, or disclosure frequency. Additionally, the Council, at its discretion, may provide THE Initial City of Santa Ana 22-HHAP-10004 Page 20 of 26 Grantee with aggregate reports and analytics of the data Grantee submits to HDIS in support of the Purpose of this Agreement and the existing Data Use Agreement. 5) Grantee agrees to accept technical assistance as directed by HCFC or by a contracted technical assistance provider acting on behalf of HCFC and report to HCFC on programmatic changes the grantee will make as a result of the technical assistance and in support of their grant goals. 6) Grantee agrees to demonstrate a commitment to racial equity and, per Section 50222 (a)(2)(B), the grantee shall use data provided through HDIS to analyze racial disproportionality in homeless populations and, in partnership with HCFC, establish clear metrics and performance monitoring for achieving equity in provision of services and outcomes for Black, Native, and Indigenous, Latinx, Asian, Pacific Islanders and other People of Color who are disproportionately impacted by homelessness and COVID-19. 7) Grantee should establish a mechanism for people with lived experience of homelessness to have meaningful and purposeful opportunities to inform and shape all levels of planning and implementation, including through opportunities to hire people with lived experience. THE Initial City of Santa Ana 22-HHAP-10004 Page 21 of 26 Homeless Housing, Assistance, and Prevention Program Round 3 (HHAP-3) Standard Agreement EXHIBIT E STATE OF CALIFORNIA GENERAL TERMS AND CONDITIONS This exhibit is incorporated by reference and made part of this agreement. The General Terms and Conditions (GTC 04/2017) can be viewed at the following link: In the interpretation of this Agreement, any inconsistencies between the State of California General Terms and Conditions (GTC - 04/2017) and the terms of this Agreement and its exhibits/attachments shall be resolved in favor of this Agreement and its exhibits/attachments. THE Initial City of Santa Ana 22-HHAP-10004 Page 22 of 26 Homeless Housing, Assistance, and Prevention Program Round 3 (HHAP-3) Standard Agreement L*40all_]Iti9 STANDARD AGREEMENT TO APPLY THE Initial City of Santa Ana l,ALIF?3 0004 Business, Consumer Services and Housing Agency HOMELESS COO#AW of 26 Gavin Newsom, Governor I Lourdes M. Castro Ramirez, Secretary AND FINANCING COUNCIL L 2 Homeless Housing, Assistance, and Prevention Program Round 3 (HHAP-3) Standard Agreement to Apply HHAP-3 funding is provided pursuant to Health & Safety Code 50220.7(a) and requires all eligible applicants to submit this Standard Agreement to Apply no later than 5:00pm on October 15, 2021. In this agreement, applicants must indicate whether they intend to apply for HHAP-3 funding jointly with an overlapping jurisdiction or apply as an individual entity. For any eligible applicant who does not submit an agreement by the deadline, HCFC may choose to re -allocate the applicant's allocation to an overlapping jurisdictions. Eligible applicants applying jointly with an overlapping jurisdiction will designate one of the jointly applying jurisdictions as the Administrative Entity which will enter into contract with the HCFC to administer the combined allocations of the joint applicants. Applicants may only apply jointly with a Continuum of Care (CoC), large city, or county that serves an overlapping region. The Administrative Entity is required to submit a binding resolution or agreement that designates a single Administrative Entity for the combined allocations and an explanation of how the jointly applying applicants will administer the funds allocated to them pursuant to this section. This binding resolution or agreement must be signed by the authorized representatives of all applicants and must be submitted with the signed HHAP-3 Initial Disbursement Contract for Funding, separate from the Standard Agreement to Apply. By submitting this form, you agree to participate in the HHAP-3 application process as indicated below and comply with all requirements as set forth in Health and Safety Code 50220.7. APPLICATION SUBMISSION INFORMATION ALL APPLICANTS: Eligible Applicant Jurisdiction ❑✓ Large City: Santa Ana ❑ Continuum of Care: Administrative Entity: City of Santa Ana Contact Person: Terri Eggers Title: Homeless Services Division Manager Contact Phone Number: 714-647-5378 Contact Email Address: teggers@Santa-ana.org Individual or Joint Application Designation: ❑ County: CoC Number: ❑✓ The City of Santa Ana will submit an individual application for HHAP-3 funding ❑ will submit a joint application for HHAP-3 funding with the following overlapping jurisdiction(s): r For the purposes of the HHAP program, overlapping jurisdictions are eligible applicants that are located within the same geographic area as the local CoC. HHAP-3 Agreement to Apply 1 Published 9/15/2021 THE Initial City of Santa Ana 22-H HAP-10004 Page 24 of 26 Jurisdiction Name Applicant Type (County, CoC, or City) City of Santa Ana City JOINT APPLICANTS ONLY: Fund Disbursement/Contract Execution The jointly applying jurisdictions designate the following jurisdiction as the Administrative Entity of the total combined allocations and acknowledge that the Administrative Entity will enter into legal agreement with HCFC and receive any disbursements for which the jointly applying jurisdictions may be deemed eligible. Administrative Entity: ❑CoC ❑Large City ❑County Name of Applicant: Joint Applicants agree to the following: 1. Joint Applicants must designate a single Administrative Entity to receive the entire combined HHAP- 3 allocations. 2. The Administrative Entity must be a CoC, large city (if applicable), or county that serves the same region. 3. The Administrative Entity receiving allocations on behalf of joint applicants shall use the funds in the jurisdictions) entitled to the funds or to provide regional housing or services that serve the population living in each of the jurisdiction(s) entitled to the funds. 4. The Administrative Entity is responsible for complying with all program expenditure requirements and deadlines for the total combined allocations it is administering. 5. The Administrative Entity must enter into a binding resolution or agreement with joint applicants to designate the Administrative Entity for the combined allocations which includes an explanation of how the jointly applying applicants will administer the funds allocated to them. This binding resolution or agreement must be signed by authorized representatives and will be included with the contract for funds. b. The HHAP-3 joint application will clearly identify the intended use of all the funds from each jointly applying jurisdiction. 7. The HHAP-3 joint application will clearly describe in detail the collaboration between the jointly applying jurisdictions and an explanation of how the jointly applying jurisdictions will partner to meet their program goals. 8. The performance goals set in the HHAP-3 joint application will be used to determine the joint applicants' eligibility for future bonus funding. HHAP-3 Agreement to Apply Published 9/15/2021 THE Initial City of Santa Ana 22-HHAP-10004 Page 25 of 26 HHAP-3 APPLICATION REQUIREMENTS Application Requirements - ALL APPLICANTS: By initialing below, the eligible applicant(s) acknowledges their intent to participate in the HHAP-3 application process as follows: a!� r) the eligible applicant(s) will receive an Initial disbursement equaling no more than 20% (or 25%, for jointly applying applicants) of their total allocation if this Agreement to Participate is submitted by 5:00pm on October 15, 2021 per HSC 50220.7(a)(4)(A)(ii). Initial funds may be used to complete the local homeless action plan, as required by HSC 50220.7(b) (3) (A), including paying for any technical assistance or contracted entities to support the completion of the homelessness action plan. JAs stated in HSC § 50220.7(a)(5), priority for initial funds, above the costs of completing the homelessness action plan, shall be for systems improvement, including, but not limited to, all of the following: (A) Capacity building and workforce development for service providers within the jurisdiction, including removing barriers to contracting with culturally specific service providers and building capacity of providers to administer culturally specific services. (B) Funding existing evidence -based programs serving people experiencing homelessness. (C) Investing in data systems to meet reporting requirements or strengthen the recipient's Homeless Management Information System. (D) Improving homeless point -in -time counts. (E) Improving coordinated entry systems to eliminate racial bias or to create a youth - specific coordinated entry system. To receive the remaining balance of its round 3 program allocation, an applicant shall submit an application to the council by June 30, 2022, that includes a local homelessness action plan and specific outcome goals in accordance with the requirements laid out in HSC § 50220.7(b). 441 The applicant shall engage with the council on its local plan and outcome goals before submitting a complete application, per HSC § 50220.7(b)(1). 6 V For city, county, and continuum of care applicants, local homelessness action plans pursuant to HSC § 50220.7(b)(3)(A) and outcome goals pursuant to HSC § 50220.7(b) (3) (C) shall be agendized at a regular meeting of the governing body, including receiving public comment, before being submitted to the council, per HSC § 50220.7(b) (2). A complete application shall conform to the requirements laid out in HSC § 50220.7(b)(3). FORM CONTINUES ON PAGE 4 HHAP-3 Agreement to Apply Published 9/15/2021 THE Initial City of Santa Ana 22-HHAP-10004 Page 26 of 26 HHAP-3 GRANTEE AWARD DISBURSEMENT INFORMATION ALL APPLICANTS: Instructions: Please fill out the information below, which is needed to process your HHAP Round 3 (HHAP-3) initial award disbursement: Administrative Entity/Contracting Agency Name Large City/City of Santa Ana, Community Development Agency Administrative Entity/Contracting Agency Business Address 20 Civic Center Plaza, Santa Ana, M-25, CA 92701 Contract Manager Name Terri Eggers Contract Manager Email Address teggers@santa-ana.org Contract Manager Phone Number 714-647-5378 Award Check Mailing Address (Include "Attention to:" if applicable) City of Santa Ana Community Development Agency, 20 Civic Center Plaza, M-25, Santa Ana, CA 92701 For grantees who have previously contracted with BCSH, in order to reduce the amount of paperwork needed to process your HHAP-3 award, HCFC is offering the opportunity to use the Tax ID Form (Government Taxpayer ID Form for governmental entities or STD 204 Form for non- governmental entities) and/or Authorized Signatory Form currently on file with HCFC for HHAP-3 award disbursements. You may revoke these authorizations by submitting an updated Tax ID Form or Authorized Signatory Form to hhao@bcsh.ca.gov. Select one: 0 The information on the Tax ID Form used for the HHAP-2 award disbursement is accurate, and I am authorizing HCFC to use the previously submitted form for the HHAP-3 initial award disbursement ❑ I have included a new Tax ID Form for the initial HHAP-3 award disbursement Select one: ❑✓ The information on the most recent Authorized Signatory Form on file with HCFC is accurate, and I am authorizing HCFC to use the form on file for HHAP-3 ❑ I have included a new authorized signatory form for HHAP-3 CERTIFICATION I certify that the signature below is authorized to sign for all applicable documents for the HHAP -3 grant on behalf of the Eligible Applicant Jurisdiction listed above. Kristine Ridge, City Manager Name and Title of Authorized Representative Signature of Authorized Representative HHAP-3 Agreement to Apply Published 9/15/2021 9/16/21 Date THE Initial From: Sent: Thursday, September 15, 2022 9:15 AM To: Subject: RE: Internal Notice of Compliance From: Sent: Thursday, September 15, 2022 9:13 AM To:\ Subject: FW: Internal Notice of Compiiance From: CTrax <certificate-request@ctrax.ididata.com> Sent: Thursday, September 15, 2022 9:08 AM To: line@ifhomeless.ore; dlopez@bowermaster.com; lorozco@bowermaster.com; Eggers, Terri <TEeeersC@santa- ana.ore> Subject: Internal Notice of Compliance NOTICE OF COMPLIANCE CITY STAFF: PRINT THIS PAGE AND INCLUDE WITH AGREEMENT TO THE CLERK OF THE COUNCIL Contractor Illumination Foundation Name: Project A-2021-175 Number: Project Agreement With The Illumination Foundation To Operate A Year -Round Name: Homeless Navigation Center At 1815 Carnegie Avenue In Santa Ana The Certificate of Insurance (COI) submitted indicates that the coverages are in compliance with the insurance requirements. No further action is required at this time. The compliant coverage(s) are: T --- TYPE OF INSURANCE POLICY NUMBER EXPIRATION i COI DATE I FILE NAME DATE AUTOMOBILE LIABILITY 202224712 09/15/2023 09/08/2022 Certificate.pdf GENERAL LIABILITY 202224712 09/15/2023 09/14/2022 Certificate(4).pdf 1 TYPE OP INSURANCE PROFESSIONAL LIABILITY SEXUAL ABUSE WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Thank you, City of Santa Ana Risk Management Division in partnership with CTrax Plus Services Team 9/15/2022 12:08 PM POLICY NUMBER EXPIRATION DATE 202224712 09/15/ 023 202224712 09/15/2023 ILWC310553 Ol/01/2023 COI DATE I FILE NAME 09/14/2022 Certifioate.pdf 09/14/2022 Certifioate.pff The Illumination O6J15/2022 Foundation COI Exp 9-15-22 RMD06282022.pdf 2