HomeMy WebLinkAboutCITY NET (7)Ir SURAPICE oN FILE A-2022-240-02
WORK MAY PROCEED
UIF L INSURANCE EXPIRES
5 - � - 2,3
CLERK OF COUNCIL
CA'E:
FEB 1 3 M3 AMERICAN RESCUE PLAN ACT
SUBCONTRACTOR AGREEMENT BETWEEN
THE CITY OF SANTA ANA AND
WA ,S) KINGDOM CAUSES, INC., DBA CITY NET
�M 1 SVM.UA9 l � )J O TIES GRANT AGREEMENT ("ARPA Agreement"), is hereby made and entered into
this January 26, 2023, by and between the City of Santa Ana, a charter city and municipal
corporation of the State of California ("Contractor"), and Kingdom Causes, Inc., dba City Net, a
California nonprofit corporation ("Subcontractor").
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 Coronavirus 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 finding from the United States Department of Treasury for the Revive
Santa Aria 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. Contractor entered into an Engagement Agreement with Subcontractor to provide
Homeless Street outreach and Engagement in the City of Santa Ana, Agreement No. 2022-240,
dated December b, 2022 ("Engagement AgreemenfD, by which Contractor committed a set
amount of funds to Subcontractor for the specific purpose of teaching out to unsheltered
homeless neighbors; connecting them with emergency shelter, housing or critical services; and
providing urgent, non -facility -based care ("Program'). The Engagement Agreement is hereby
incorporated herein by this reference.
D. Pursuant to the Engagement Agreement, Subcontractor was made aware of the
ARPA requirements and agreed to comply with all the conditions and the applicable
requirements governing the use of ARPA and SLFRF grant funds.
E. Contractor now approves the provision of ARPA and SLFRF grant funds to
Subcontractor in an amount not to exceed $1,173,500, to be used in the operation of the Program.
This $1,173,500 in ARPA and SLFRF grant funds shall count toward the amount of funds due
from the Contractor to Subcontractor under the Engagement Agreement,
F. Subcontractor represent that it has the requisite qualifications, expertise, and
experience in the provision of the Program and is willing to use said ARPA and SLFRF grant
funds to operate said Program.
G. Contractor and Subcontractor have duly executed this ARPA Agreement for the
expenditure and utilization of said ARPA and SLFRF funds.
NOW THEREFORE, it is agreed by and between the parties that the foregoing Recitals
are a substantive part of this ARPA Agreement, and the following terms and conditions are
approved and together with all exhibits, attachments, and references hereto, shall constitute the
entire ARPA Agreement between the Contractor and Subcontractor:
1. ENGAGEMENT AGREEMENT
Except as herein modified, Subcontractor shall comply with the terms and conditions of
the Engagement Agreement, which remain unchanged and in full force and effect.
2. TERM
This ARPA Agreement shall take effect on the date first written above and shall run
concurrently with the Engagement Agreement, and will be extended, terminated, or expire in
accordance with Section 3 of the Engagement Agreement ("Term"), This ARPA Agreement
shall cover the payment if any and all services by Subcontractor since the date the ARPA grant
funds were awarded to the Contractor.
3. DISBURSEMENT AND FUNDS
A. Contractor agrees to pay to Subcontractor when, if and to the extent ARPA and
SLFRP grant funds are received a sum not to exceed $1,173,500 for Subcontractor's
performance of the Program through the Term. The not to exceed amount of $1,173,500 shall
include any amounts owed by Contractor to Subcontractor pursuant to the Engagement
Agreement. Said sure shall be paid after Contractor receives invoices submitted by Subcontractor
as provided herein.
B. Subcontractor shall submit monthly invoices (on or before the 15a' 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 subjectto the receipt and approval of such invoices and quarterly
activity reports. Contractor shall pay such invoices within forty-five (45) days after receipt
thereof, provided Contractor is satisfied that such expenses have been incurred within the scope
of this ARPA Agreement and that the Subcontractor is in compliance with the terms and
conditions of this ARPA Agreement. The forty-five (45) 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 ARPA Agreement to pay
for necessary and reasonable costs allowable under federal and state law and regulations to
operate said Program only, Subcontractor's failure to perform as required may, in addition to other
remedies set forth in this ARPA Agreement, result in readjustment of the amount of fimds the
Contractor is otherwise obligated to pay to the Subcontractor pursuant to the terms hereof, or
termination of this ARPA Agreement.
4. ARPA FUNDING RELATED PROVISIONS
Funds from the Coronavirus State Fiscal Recovery Fund and/or the Coronavirus
Local Fiscal Recovery Fund, together (mown as the Coronavirus State and Local Fiscal
Recovery Funds ("CSLFRF") program, will be used to fund all or a portion of this
Agreement, As applicable, Subcontractor shall comply with all federal requirements
including, but not limited to, the following, all of which are expressly incorporated herein
by reference:
a. Sections 602 and 603 of the Social Security Act as added by Section 9901
of the American Rescue Plan Act of 2021 (the "Act");
b. U.S. Department of the Treasury ("Treasury") Final Rule for the Act,
available at https://www.govinfo.gov/content/pkg/FR-2022-01-27/pdf/2022-00292,pdf,
c. Treasury Compliance and Reporting Guidance for the Act, available at
https://hotne.treasury. g0v/systom/files/136/SLFRF-Compliance-and-Reporting-
Guidance.pdf;
d. 2 C.F.R, Part 200 — Uniform Administrative Requirements, Cost
Principles, and Audit Requirements for Federal Awards, other than such provisions as the
U.S. Department of the Treasury may determine are inapplicable to the CSLFRF program
and subject to such exceptions as may be otherwise provided by the U.S. Department of
the Treasury;
C. Treasury Coronavirus Local Fiscal Recovery Fund Award Terms and
Conditions; and
f. Federal contract provisions attached hereto as Exhibit A and incorporated
herein by reference.
Subcontracts, if any, shall contain a provision making them subject to all of the
provisions stipulated in this Agreement. With respect to any conflict between such federal
requirements and the terms of this Agreement and/or the provisions of state law and except as
otherwise required under federal law or regulation, the more stringent requirement shall control.
IN WITNESS WHEREOF, the parties hereto have executed this ARPA Agreement on the date
and. year first written above.
[Signatures on the following page]
A-2022-240-02
ATTEST
w
Norma Orozco 1-Ij 0
Acting Clerk of the COnncil
APPROVED AS TO FORM
SONIA R. CARVALHO
City Attorney
Jose Montoya
Assistant City Attorney
RECOMMENDED FOR APPROVAL
Michael Garcia
Executive Director
Community Development Agency
CITY OF SANTA ANA
P+C
Kristine Ridge
City Manager
CITY NET
9,./ ��
By: L11rad Fieldhouse
Title: Executive Director
EXHIBIT A
EXHIBIT A
FEDERAL CONTRACT PROVISIONS
During the performance of this Agreement, Consultant shall comply with all applicable federal
laws and regulations including, but not limited to, the federal contract provisions in this Exhibit C.
I. REQUIRED CONTRACT PROVISIONS IN ACCORDANCE WITH APPENDIX H
TO PART 200 — CONTRACT PROVISIONS FOR NUN -FEDERAL ENTITY
CONTRACTS UNDER FEDERAL AWARDS (2 C.F.R. § 200.327)
(a) Appendix II to Part 200 (A); Appendix II to Part 200 (B)• Remedies for Breach;
Termination for Cause/Convenience. The Contract Documents include remedies for breach and
termination for cause and convenience.
(b) Appendix II to Part 200 (C) — Equal Employment Opportunity: If this Agreement
meets the definition of a "federal assisted construction contract" in 41 CFR § 60-1.3, Consultant
agrees as follows during the performance of this Agreement:
(i) The Consultant will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, sexual orientation, gender identity, or national
origin. The Consultant will take affirmative action to ensure that applicants are employed, and that
employees are treated during employment without regard to their race, color, religion, sex, sexual
orientation, gender identity, or national origin. Such action shall include, but not be limited to the
following; Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising;
layoff or termination; rates of pay or other forms of compensation; and selection for training,
including apprenticeship. The Consultant agrees to post in conspicuous places, available to
employees and applicants for employment, notices to be provided setting forth the provisions of
this nondiscrimination clause.
(it) The Consultant will, in all solicitations or advertisements for employees
placed by or on behalf of the Consultant, state that all qualified applicants will receive
consideration for employment without regard to race, color, religion, sex, sexual orientation,
gender identity, or national origin.
(iii) The Consultant will not discharge or in any other manner discriminate
against any employee or applicant for employment because such employee or applicant has
inquired about, discussed, or disclosed the compensation of the employee or applicant or another
employee or applicant. This provision shall not apply to instances in which an employee who has
access to the compensation information of other employees or applicants as a part of such
employee's essential job functions discloses the compensation of such other employees or
applicants to individuals who do not otherwise have access to such information, unless such
disclosure is in response to a formal complaint or charge, in furtherance of an investigation,
proceeding, hearing, or action, including an investigation conducted by the employer, or is
consistent with the Consultant's legal duty to furnish information.
(iv) The Consultant will send to each tabor union or representative of workers
with which he has a collective bargaining agreement or other contract or Understanding, a notice
to be provided advising the said tabor union or workers' representatives of the Consultant's
commitments under this section, and shall post copies of the notice in conspicuous places available
to employees and applicants for employment.
(v) The Consultant will comply with all provisions of Executive Order 11246
of September 24, 1965, and of the odes, regulations, and relevant orders of the Secretary of Labor.
(vi) The Consultant will furnish all information and reports required by
Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the
Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts
by the administering agency and the Secretary of Labor for purposes of investigation to ascertain
compliance with such rules, regulations, and orders.
(vii) In the event of the Consultant's noncompliance with the nondiscrimination
clauses of this Agreement or with any of the said rules, regulations, or orders, this Agreement may
be canceled, terminated, or suspended in whole or in part and the Consultant may be declared
ineligible for further Government contracts or federally assisted construction contracts in
accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such
other sanctions may be imposed and remedies invoiced as provided in Executive Order 11246 of
September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise
provided by law.
(viii) The Consultant will include the portion of the sentence immediately
preceding paragraph (i) and the provisions of paragraphs (i) through (vii) in every subcontract or
purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued
pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions
will be binding upon each subcontractor or vendor. The Consultant will take such action with
respect to any subcontract or purchase order as the administering agency may direct as a means of
enforcing such provisions, including sanctions for noncompliance:
Provided, however, that in the event the Consultant becomes involved in, or is threatened with,
litigation with a subcontractor or vendor as a result of such direction by the administering agency,
the Consultant may request. the United States to enter into such litigation to protect the interests of
the United States,
The City further agrees that it will be bound by the above equal opportunity clause with respect to
its own employment practices when it participates in federally assisted construction work:
Provided, That if the City so participating is a State or local government, the above equal
opportunity clause is not applicable to any agency, instrumentality or subdivision of such
government which does not participate in work on or under the Agreement.
The City agrees that it will assist and cooperate actively with the administering agency and the
Secretary of Labor in obtaining the compliance of the Consultant and subcontractors with the equal
opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it
will furnish the administering agency and the Secretary of Labor such information as they may
require for the supervision of such compliance, and that it will otherwise assist the administering
agency in the discharge of the agency's primary responsibility for securing compliance.
The City further agrees that it will refrain from entering into any contract or contract modification
subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who
has not demonstrated eligibility for, Government contracts and federally assisted construction
contracts pursuant to the Executive Order and will carry out such sanctions and penalties for
violation of the equal opportunity clause as may be imposed upon contractors and subcontractors
by the administering agency or the Secretary of Labor pursuant to Part 11, Subpart D of the
Executive Order. In addition, the City agrees that if it fails or refuses to comply with these
undertakings, the administering agency may take any or all of the following actions; cancel,
terminate, or suspend in whole or in part the grant (contract, loan, insurance, guarantee) for this
project; refrain from extending any further assistance to the applicant under the program with
respect to which the failure or refund occurred until satisfactory assurance of future compliance
has been received from such applicant; and refer the case to the Department of Justice for
appropriate legal proceedings.
(c) Appendix 1I to Part 200 (D) — Davis -Bacon Act: Not applicable to this Agreement
since it is funded by CSLFRF.
(d) Appendix H to Part 200 (D) — Copeland "Antti-Kickback" Act: Not applicable to
this Agreement since it is funded by CSLFRF.
(e) Appendix 11 to Part 200 Q — Contract Work Horus and Safety Standards Act:
(i) Overtime Requirements. No contractor or subcontractor contracting for any
part of the contract work which may require or involve the employment of laborers or mechanics
shall require or permit any such laborer or mechanic in any workweek in which he or she is
employed on such work to work in excess of forty hours in such workweek unless such laborer or
mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay
for all hours worked in excess of forty hours in such workweek.
(b) Violation; liability for unpaid wages; liquidated damages. In the event of
any violation of the clause set forth in paragraph (ii) of this section the Consultant and any
subcontractor responsible therefor shall be liable for the unpaid wages. in addition, such contractor
and subcontractor shall be liable to the United States (in the case of work done under contract For
the District of Columbia or a territory, to such District or to sucb territory), for liquidated damages.
Such liquidated damages shall be computed with respect to each individual laborer or mechanic,
including watchmen and guards, employed in violation of the clause set forth in paragraph (ii) of
this section, in the sum of $10 for each calendar day:on which such individual was required or
permitted to work in excess of the standard workweek of forty hours without payment of the
overtime wages required by the clause set forth in paragraph (ii) of this section.
(iii) Withholding for unpaid wages and liquidated damages. The City shall upon
its own action or upon written request of an authorized representative of the Department of Labor
withhold or cause to be withhold, from any moneys payable on account of work performed by the
Consultant or subcontractor under any such contract or any other Federal contract with the
Consultant, or any other federally -assisted contract subject to the Contract Work Hours and Safety
Standards Act, which is held by the Consultant, such sums as may be determined to be necessary
to satisfy any liabilities of Consultant or subcontractor for unpaid wages and liquidated damages
as provided in the clause set forth in paragraph (iii) of this section,
(iv) Subcontracts. The Consultant or subcontractor shall insert in any
subcontracts the clauses set forth in paragraph (ii) through (v) of this Section and also a clause
requiring the subcontractors to include these clauses in any lower tier subcontracts. The Consultant
shall be responsible for compliance by any subcontractor or lower tier subcontractor with the
clauses set forth in paragraphs (ii) through (v) of this Section.
(f) Appendix II to Part 200 (F) — RiehYs to Inventions Made Under a Contract or
Agreement•, If the Federal award meets the definition of "fimding agreement" under 37 CFR §
401.2 (a) and the Consultant wishes to enter into a contract with a small business firm or nonprofit
organization regarding the substitution of parties, assignment or performance of experimental,
developmental, or research work under that "funding agreement," the Consultant must comply
with the requirements of 37 CFR Part 401, `Rights to Inventions Made by Nonprofit Organizations
and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,"
and ally implementing regulations issued by the awarding agency.. .
Act: (g) Appendix II to Part 200 G — Clean Air Act and Federal Water Pollution Control
(i) Pursuant to the Clean Air Act, (1) Consultant agrees to comply with all
applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42
U.S.C. § 7401 et seq., (2) Consultant agrees to report each violation to the City and understands
and agrees that the City will, in turn, report each violation as required to assure notification to the
Federal awarding agency and the appropriate Environmental Protection Agency Regional Office,
and (3) Consultant agrees to include these requirements in each subcontract exceeding $150,000,
(ii) Pursuant to the Federal Water Pollution Control Act, (1) Consultant agrees
to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water
Pollution Control Act, as amended, 33 U.S.C. 1251 et seq., (2) Consultant agrees to report each
violation to the City and understands and agrees that the City will, in turn, report each violation as
required to assure notification to the Federal awarding agency and the appropriate Environmental
Protection Agency Regional Office, and (3) Consultant agrees to include these requirements in
each subcontract exceeding $150,000.
(h) Appendix II to Part 200 (II) — bebarment and Suspension
(i) This Agreement is a covered transaction for purposes of 2 C.F.R. pt. 180
and 2 C.F.R. pt. 3000, As such Consultant is required to verify that none of the Consultant, its
principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are
excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935).
(ii) Consultant must comply with 2 C.F.R. pt. 190, subpart C and 2 C.F.R. pt.
3000, subpart C and must include a requirement'to comply with these regulations in any lower tier
covered transaction it enters into.
(iii) This certification is a material representation of fact relied upon by City. If
it is later determined that Consultant did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R.
pt. 3000, subpart C, in addition to remedies available to the City, the Federal Government may
pursue available remedies, including but not limited to suspension and/or debarment,
(iv) Consultant warrants that it is not debarred, suspended, or otherwise
excluded from or ineligible for participation in any federal programs. Consultant also agrees to
verify that all subcontractors performing work under this Agreement are not debarred, disqualified,
or otherwise prohibited from participation in accordance with the requirements above. Consultant
further agrees to notify the City in writing immediately if Consultant or its subcontractors are not
in compliance during the term of this Agreement.
(i) Annendix 1I to Part 200 (I) - RyId Anti -Lobbying Act: Contractors that apply or
bid for an award exceeding $100,000 mast file the required certification. Each tier certifies to the
tier above that it will not and has not used Federal appropriated •funds to pay any person or
organization for influencing or attempting to influence an officer or employee of any agency, a
member of Congress, officer or employee of Congress, or an employee of a member of Congress
in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C.
1352. Each tier must also disclose any lobbying with non -Federal funds that takes place in
connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up
to the recipient who in turn will forward the certification(s) to the awarding agency.
0) Appendix II to Part 200 Q) — §200.323 Procurement of Recovered Materials:
(i) Consultant shall comply with section 6002 of the Solid Waste Disposal Act,
as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002
include procuring only items designated in guidelines of the Environmental Protection Agency
(EPA) at 40 C.F.R. part 247 that contain the highest percentage of recovered materials practicable,
consistent with maintaining a satisfactory level of competition, where the purchase price of the
item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year
exceeded $10,000; procuring solid waste management services in a manner that maximizes energy
and resource recovery; and establishing an affirmative procurement.
(ii) In the performance of this Agreement, the Consultant shall make maximum
use of products containing recovered materials that are EPA -designated items unless the product
cannot be acquired: competitively within a tirreframe providing for compliance with the contract
performance schedule; meeting contract performance requirements; or at a reasonable price.
(id) Information about this requirement, along with the list of EPA -designate
items, is available at EPA's Comprehensive Procurement Guidelines web site,
https://www.epa, gov/smm/comprehensive-procurement-guideline-cpg-program.
(iv) The Consultant also agrees to comply with all other applicable requirements
of Section 6002 of the Solid Waste Disposal Act,"
(k) Appendix II to Part 200 (K) —
(i) Consultant shall not contract (or extend or renew a contract) to procure or
obtain equipment, services, or systems that uses covered telecommunications equipment or
services as a substantial or essential component of any system, or as critical technology as part of
any system funded under this Agreement. As described in Public Law 115-232, section 889,
covered telecommunications equipment is telecommunications equipment.produced by Huawei
Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities).
(1) For the purpose of public safety, security of government facilities,
physical security surveillance of critical infrastructure, and other national security purposes, video
surveillance and telecommunications equipment produced by Hytera Communications
Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company
(or any subsidiary or affiliate of such entities).
(2) Telecommunications or video surveillance services provided by
such entities or using such equipment.
(3) Telecommunications or video surveillance equipment or services
produced or provided by an entity that the Secretary of Defense, in consultation with the Director
of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably
believes to be an entity owned or controlled by, or otherwise connected to, the government of a
covered foreign country,
(ii) Soo Public Law 115-232, section 889 for additional information.
(1) Appendix II to Part 200 (L) — 5200 322 Domestic Preferences for Procurement
(i) Consultant shall, to the greatest extent practicable, purchase, acquire, or use
goods, products, or materials produced in the United States (including but not limited to iron,
aluminum, steel, cement, and other manufactured products). The requirements of this section must
be included in all subcontracts.
(ii) For purposes of this section:
(1) "Produced in the United States" means, for iron and steel products,
that all manufacturing processes, from the initial melting stage through the application of coatings,
occurred in the United States.
(2) "Manufactured products" means items and construction materials
composed in whole or in part of nonferrous metals such as aluminum; plastics and polymer -based
products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical
fiber; and lumber.
2. CONTRACTING WITH SMALL AND MINORITY FIRMS, WOMEN'S
BUSINESS ENTERPRISE AND LABOR SURPLUS AREA FIRMS (2 C.F.R. § 200.321)
(a) Consultant shall be subject to 2 C.F.R. § 200,321 and will take affirmative steps to
assure that minority firms, women's business enterprises, and labor surplus area firms are used
when possible and will not be discriminated against on the grounds of race, color, religious creed,
sex, or national origin in consideration for an award.
(b) Affirmative steps shall include:
0) Placing qualified small and minority businesses and women's business
enterprises on solicitation lists;
(ii) Assuring that small and minority businesses, and women's business
enterprises are solicited whenever they are potential sources;
(iii) Dividing total requirements, when economically feasible, into smaller tasks
or quantities to permit maximum participation by small and minority business, and women's
business enterprises;
(iv) Establishing delivery schedules, where the requirement permits, which
encourage participation by small and minority business, and women's business enterprises; and
(v) Using the services/assistance of the Small Business Administration (SBA),
and the Minority Business Development Agency (MBDA) of the Department of Commerce.
(c) Consultant shall submit evidence of compliance with the foregoing affirmative
steps when requested by the City.
3. COMPL,IANCE WITH U,S. DEPARTMENT OF THE TREASURY
CORONAVIRUS LOCAL FISCAL RECOVERY FUND AWARD TERMS AND
(a) Maintenance of and Access to Records. Consultant shall maintain records and
financial documents sufficient to evidence compliance with section 603(c) of the Act, Treasury's
regulations implementing that section, and guidance issued by Treasury regarding the foregoing.
Consultant agrees to provide the City, Treasury Office of Inspector General and the Government
Accountability Office, or any of their authorized representatives access to any books, documents,
papers, and records (electronic an otherwise) of the Consultant which are directly pertinent to this
Agreement for the proposes of conducting audits or other investigations. • Records shall be
maintained by Consultant for a period of five (5) years after completion of the Project.
(b) Compliance with Federal Regulations. Consultant agrees to comply with the
requirements of section 603 of the Act, regulations adopted by Treasury pursuant to section 603(f)
of the Act, and guidance issued by Treasury regarding the foregoing, Consultant also agrees to
comply with all other applicable federal statutes, regulations, and executive orders, including,
without limitation, the following:
(i) Universal Identifier and System for Award Management (SAM), 2 CF.R.
Part 25, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 25 is hereby
incorporated by reference,
(d) Reporting Subaward and Executive Compensation Information, 2 C.F.R.
Part 170, pursuant to which the award term set forth in Appendix A to 2 C.F.R, Part 170'is hereby
incorporated by reference.
(iii) OMB Guidelines to Agencies on Governmentwide Debarment and
Suspension (Nonprocurement), 2 C.F.R, Part 180, including the requirement to include a term or
condition in all lower tier covered transactions (contracts and subcontracts described in 2 C.F.R.
Part 180, subpart B) that the award is subject to 2 C.F.R. Part 180 and Treasury's implementing
regulation at 31 CF.R. Part 19.
(iv) Recipient Integrity and Performance Matters, pursuant to which the award
term set forth in 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated by reference.
20,
(v) Governmentwide Requirements for Drug -Free Workplace, 31 C.F.R. Part
(vi) New Restrictions on Lobbying, 31 CXX Part 21.
(vii) Uniform Relocation Assistance and Real Property Acquisitions Act of 1970
(42 U,S.C. §§ 4601.4655) and implementing regulations.
(c) Compliance with Federal Statutes and Regulations Prohibiting Discrimination
Consultant agrees to comply with statutes and regulations prohibiting discrimination applicable to
the CSLFRF program including, without limitation, the following:
(i) Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and
Treasury's implementing regulations at 31 C.F,R, Part 22, which prohibit discrimination on the
basis of race, color, or national origin under programs or activities receiving federal financial
assistance.
(H) The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C.
§§ 3601 et seq.), which prohibits discrimination in housing on the basis of race, color, religion,
national origin, sex, familial status, or disability.
(iii) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §
794), which prohibits discrimination on the basis of disability tinder any program or activity
receiving federal financial assistance.
(iv) The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et
seq.), and Treasury's implementing regulations at 31 C.F.R. Part23, which prohibit discrimination
on the basis of age in programs or activities receiving federal financial assistance.
(v) Title II of the Americans with Disabilities Act of 1990, as amended (42
U.S.C. § § 12101 et seq.), which prohibits discrimination on the basis of disability under programs,
activities, and services provided or made available by state and local governments or
instrumentalities or agencies thereto.
(d) False Statements Consultant understands that making false statements or claims
in connection with the CSLFRF program is a violation of federal law and may result in criminal,
civil, or administrative sanctions, including fines, imprisonment, civil damages and penalties,
debarment from participating in federal awards or contracts, and/or any other remedy available by
law.
(e) Protections for Whistleblowers,
(i) In accordance with 41 U.S.C. § 4712, Consultant may not discharge,
demote, or otherwise discriminate against an employee in reprisal for disclosing to any of the list
of persons or entities provided below, information that the employee reasonably believes is
evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds, an
abuse of authority relating to a federal contract or grant, a substantial and specific danger to public
health or safety, or a violation of law, rule, or regulation related to a federal contract (including the
competition for or negotiation of a contract) or grant.
the following; (ii) The list of persons and entities referenced in the paragraph above includes
Congress; (1) A member of Congress or a representative of a committee of
(2) An Inspector General;
(3) The Government Accountability Office;
management;
enforcement agency;
(4) A Treasury employee responsible for contract or grant oversight or
(5) An authorized official of the Department of Justice or other law
(6) A court or grand jury; or
(7) A management official or other employee of Consultant, or a
subcontractor who has the responsibility to investigate, discover, or address misconduct.
(f) Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043,
62 FR 19217 (Apr. 18, 1997), Consultant is encouraged to adopt and enforce on-the-job seat belt
policies and programs for their employees when operating company -owned, rented or personally
owned vehicles, and encourage its subcontractors to do the same
(g) Reducing Text Messaging While Driving. Pursuant to Executive Order 13513, 74
FR 51225 (Oct. 6, 2009), Consultant should encourage its employees and subcontractors to adopt
and enforce policies that ban text messaging while driving, and Consultant should establish
workplace safety policies to decrease accidents caused by distracted drivers.
(h) Assurances of Compliance with Civil Rights Requirements. The Civil Rights
Restoration Act of 1987 provides that the provisions of this assurance apply to the Project,
including, but not limited to, the following:
(i) Consultant ensures its current and future compliance with Title VI of the
Civil Rights Act of 1964, as amended, which prohibits exclusion from participation, denial of the
benefits of, or subjection to discrimination under programs and activities receiving federal funds,
of any person in the United States on the ground of race, color, or national origin (42 U.S.C. §
2000d et seq.), as implemented by the Department of the Treasury Title VI regulations at 31 CFR
Part 22 and other pertinent executive orders such as Executive Order 13166; directives; circulars;
policies; memoranda and/or guidance documents.
(ii) Consultant acknowledges that Executive Order 13166, "Improving Access
to Services for Persons with Limited English Proficiency (LEP)," seeks to improve access to
federally assisted programs and activities for individuals who, because of national origin, are
limited in their English proficiency. Consultant understands that the denial of access to persons to
its programs, services and. activities because of their limited proficiency in English is a form of
national origin discrimination prohibited under Title VI of the Civil Rights Act of 1964.
Accordingly, Consultant shall initiate reasonable steps, or comply with Treasury's directives, to
ensure meaningful access to its programs, services and activities to LEP persons. Consultant
understands and agrees that meaningful access may entail providing language assistance services,
including oral interpretation and written translation where necessary to ensure effective
communication in the Project.
(iii) Consultant agrees to consider the need for language services for LEP
persons during development of applicable budgets and when conducting programs, services and
activities. As a resource, the Department of the Treasury has published its LEP guidance at 70 FR
6067. For more information on LEP, please visit http://www.lop.gov.
(iv) Consultant acknowledges and agrees that compliance with this assurance
constitutes a condition of continued receipt of federal financial assistance and is binding upon
Consultant and Consultant's successors, transferees and assignees for the period in which such
assistance is provided,
(v) Consultant agrees to incorporate the following language in every contract
or agreement subject to Title VI and its regulations between the Consultant and the Consultant's
subcontractors, successors, transferees and assignees,
The subcontractor, successor, transferee and assignee shall comply with Title V1 of the
Civil Rights Act of 1964, which prohibits recipients offederal, financial assistance from excluding
from a program. or activity, denying benefits of, or otherwise discriminating against a person on
the basis of race, color, or national origin (42 U.S.C. § 2000d''et seq.), as implemented by
Department of the Treasury Title VI regulations, 31 CFR Part 22, which are herein Incorporated
by reference and made a part of this contract (or agreement). Title VI also extends protection to
persons with "Limited English proficiency ° to any program or activity receiving federal financial
assistance, 42 U.S.C. § 2000d et seq., as Implemented by Department of the Treasury Title VI
regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this
contract (or agreement).
(vi) Consultant understands and agrees that if any real property or structure is
provided or improved with the aid of federal financial assistance by the Department of the
Treasury, this assurance obligates the Consultant, or in the case of a subsequent transfer, the
transferee, for the period during which the real property or structure is used for a purpose for which
the federal financial assistance is extended or for another purpose involving the provision of
similar services or benefits. If any personal property is provided, this assurance obligates the
Consultant for the period (luring which it retains ownership or possession of the property,
(vii) Consultant shall cooperate in any enforcement or compliance review
activities by the Department of the Treasury of the aforementioned obligations. Enforcement may
include investigation, arbitration, mediation, litigation, and monitoring of any settlement
agrcements that may result from these actions. Consultant shall comply with information' requests,
on -site compliance reviews, and reporting requirements.
(viii) Consultant shall maintain a complaint log and inform the Department of the
Treasury of any accusations of discrimination on the grounds of race, color, or national origin, and
limited English proficiency covered by Title VI of the Civil Rights Act of 1964 and implementing
regulations and provide, upon request, a list of all such reviews or proceedings based on the
complaint, pending or completed, including outcome. Consultant must also inform the Department
of the Treasury if Consultant has received no complaints under Title Vl.
(ix) Consultant must provide documentation of an administrative agency's or
court's findings of non-compliance of Title VI and efforts to address the non-compliance,
including any vohmtary compliance or other agreements between the Consultant and the
administrative agency that made the finding, If the Consultant settles a case or matter alleging
such discrimination, Consultant must provide documentation of the settlement. If Consultant has
not been the subject of any court or administrative agency finding of discrimination, please so
state.
(x) If Consultant makes sub -awards to other agencies or other entities,
Consultant is responsible for assuring that sub -recipients also comply with Title VI and all of the
applicable authorities covered in this assurance.
Watkins, Mishaun
From: City of Santa Ana <certificate-request@ctrax.jdidata.com>
Sent: Tuesday, January 31, 2023 3:07 PM
To: paulette@citynet.org; Watkins, Mishaun
Subject: Internal Notice of Compliance
NOTICE OF COMPLIANCE
CITY STAFF: PRINT THIS PAGE AND INCLUDE WITH AGREEMENT TO THE CLERIC OF THE COUNCIL
Contractor Kingdom Causes
Name:
Project A-2022-240
Number:
Project Agreement Between The City Of Santa Ana And Kingdom Causes, Inc.
Name: DBA City Net For Street Outreach And Engagement Services
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:
TYPE OF INSURANCE
AUTOMOBILE LIABILITY
GENERAL LIABILITY
PROFESSIONAL LIABILITY
SEXUALABUSE
WORKERS COMPENSATION AND EMPLOYERS'
LIABILITY
POLICY NUMBER
EXPIRATION—
COI DATE
FILE NAME
DATE—
Kingdom 23 24
PHPK2507706
03/01/2024
01/11/2023
j COI to City of
Santa Ana.pdf
Kingdom 23 24
PHPK2507706
03/01/2024
01/11/2023
COl to City of
r
Santa Ana.pdf
Kingdom 23 24
PHPK2507706
03/01/2024
01/11/2023
COI to City of
Santa Ana.pdf
Kingdom 23 24
PHPK2507706
03/01/2024
01/18/2023
COI to City of
Santa Ana.pdf
Kingdom 23 24
SATISO488700
03/01/2023
01/11/2023
COI to City of
Santa Ana.pdf
1