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HomeMy WebLinkAboutCOLETTE'S CHILDREN'S HOME-2017INSURANCE NCJT ON FILE. WORK MAY jam` PROCEED CLERK OF COUNCIL DATE: SEP 0 5 "1.017 EMERGENCY SOLUTIONS GRANT SUB EMERGENCY BET WEEN TI4E CI'PY OF SANTA ANA AND COLETTE'S CHILDREN'S HOME (24 CFR Parts 41 and 576) A-2017-072.07 Ta&trr, t%5, THIS GRANT AGREEMENT, is hereby made and entered into this I9" day of Jud, 2017, by and between the City of Santa Ana, a charter city and municipal corporation of the State of California, herein called the "CITY", and COLETTE'S CHILDREN'S HOME, a California nonprofit organization, herein called the "SUBRECIPIENT", RECITALS: 1. The CITY is the recipient of Emergency Solutions Grant ("ESG") funds from the United States Department of Housing and Urban Development ("HUD"), pursuant to subtitle B of title IV of the McKinney-Vento Homeless Assistance Act [42 U.S.C. 11371-11378], for the rehabilitation or conversion of buildings for use as emergency shelter for the homeless, for the payment of certain expenses related to operating emergency shelters, for essential services related to emergency shelters and street outreach for the homeless, and for homelessness prevention and rapid re -housing assistance. Catalogue of Federal Domestic Assistance ("CFDA") 14.231 and Federal Award Identification Number (FAIN) E -17 -MC -06-0508. 2. The CITY has approved the provision of federal fluids under the ESG to be used in the operation of an emergency solutions program ("program") for the homeless or at -risk of homelessness of the City of Santa Ana as further described by Exhibit A, Scope of Work, attached hereto and by this reference incorporated herein. 3. The SUBRECIPIENT represents that it has the requisite qualifications, expertise, said experience in the provision of emergency solutions programs for the homeless or at -risk of homelessness and is willing to use said federal fiords to operate said program. 4. The SUBRECIPIENT agrees to assist individuals and families that are homeless or at risk of homelessness in obtaining appropriate supportive services including, but not limited to: temporary and permanent housing, relocation and stabilization services, rapid re -housing assistance, medical and mental health treatment, counseling supervision, and other services essential for achieving independent living. 5. The SUBRECIPIENT has agreed to be reimbursed for the above services in an amount not to exceed $22,154 in grant flmding for services including: $1.2,154 for Emergency Shelter Essential Services and $10,000 in Emergency Shelter Operations, 6. This AGREEMENT is contingent upon the award of Emergency Solutions Grant fiords from the United States Department of Housing and Urban Development. 7. The CITY and the SUBRECIP.IENT have duly executed this AGREEMENT for the expenditure and utilization of said finds, NOW THEREFORE, it is agreed by and between the parties that the foregoing Recitals are a stibstantive part of this AGREEMENT and the following terns and conditions are approved and together with all exhibits and attachments hereto, shall constitute the entire AGREEMENT between the CITY and the SUB RECIPI.ENT: i. SCOPE O,FPROGRAM A, General Administration The SUBRECIPIENT agrees to implement this activity as set forth in detail in Exhibit A, Scope of Work, which shall provide a description of each activity, 'including the services to be performed, the person or entity providing the service, the estimated number of recipients of the service, and the mamner and means of the services. B. Levels of Accomplishment— Goals and. Performance Measures The SUBRECT'IENT shall be responsible to accomplish the Ievel.s of performance as set forth in Exhibit A and report such measures quarterly to the CITY. If the SUBRECIPIENT estimates such goals will not be met, the SUBRECIPIEN'T is to contact the CITY, at which time the CITY wilt determine if any adjustments to the grant award is appropriate. C. Staffing The SUBRECIPIENT shall ensure adequate and appropriate staffing is allocated to each ESG activity. 'Nothing contained in this AGREEMENT is intended to, or shall be construed in any mamuer, as creating or establishing the relationship of employer/employee between the parties. if. TERM OF AGItEEMENT This AGREEMENT shall take effect on July 1, 2017, and shall terminate on June 30, 2018, unless otherwise cancelled or modified according to the terms of this AGREEMENT. IPI. DISBURSEMENT AND FUNDS The City was allocated $475,909 in Emergency Solutions Grant fiords under the McKinney-Vento Homeless Assistance Act for fiscal year 2017-2018 from the Department of Housing and Urban Development, CITY agrees to pay to SUBRECIPIENT when, if and to the extent, federal funds are received under provisions of the Act a sum not to exceed $22,154 for SUBRECIPIENT'S performance in accordance with the Budget attached hereto as "Exhibit B" during the period of this Agreement. Said sum shall be paid after CITY receives invoices submitted by SUBRECIPIENT as provided. hereinabove. A. Amount and Expenditure End Date The CITY agrees to reimburse the SUBRECIPIENT a maximum amount not to exceed $22,154 from Emergency Solutions Grant (ESG) fluids, as outlined in Exhibit B, Final Budget, and such funds shall be expended by the SUBRECIPItNT on or before June 30, 2018. SUBRECIPIENT has the ability to adjust line item amounts in the Budget with the written approval of the CITY's Executive Director of the Community Development Agency, so long as the total Budget amount does not increase. B. Invoicing Procedures The SUBRECIPIENT shall submit quarterly invoices (oil or before the 15°i clay of October, January, April, and, July) in a form prescribed by the CITY, detailing such expenses, Such schedule may be modified with the approval of the CITY. C. Patent Payment is subject to the receipt and approval of such invoices and quarterly activity reports, as hereinafter more fully set forth below under Reporting, with the final paymwrt subject to the satisfaction of the condition precedent of submittal of complete invoicing and reporting information clue on or before July 15 of the applicable funding year. The CITY shall pay such invoices within thirty (30) days after receipt thereof, provided the CITY is satisfied that such expenses have been incurred within the scope of this AGREEMENT and that the SUBRECIPIENT is in compliance with the terms and conditions of this 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 and reporting will cause the CITY to withhold all or a portion of a request for reimbursement until such doctm critation and reporting has been received and approved by the CITY. D. Use of Funds The SUBRECIl?lENT agrees to use said finds pursuant to this AGREEMENT to pay for necessary and. reasonable costs allowable under federal law and regulations to operate said program only, Said, anion is shall include and will be limited to, street outreach, emergency shelter, homelessness prevention, rapid re -housing assistance, housing relocation and stabilization services, short-term and medium-term rental ass'is'tance, and Homeless Management Information Systems ("HMIS") data contribution as set forth in 24 CFR § 576.1.01. — § 576.107. Allowable program costs are detailed in the Budget, as set forth in Exhibit B, attached hereto and by this reference incorporated herein. The SUBRECIPI'ENT'S failure to perform as required may, in addition to other renedies set forth in this AGREEMENT, result in readjustment of the amount of funds the CITY is otherwise obligated to pay to the SUBRECIPIENT pursuant to the terms hereof. The SUBRECIPIENT agrees that the homeless shelter/services under said program shall be available for the entire period during which said funds are provided. E. Condition of Funding (1) The CITY advises the SIJBRECIPIENT that a significant change in entitlement finding may result in a change in the current process utilized by the CITY to determine funding allocations. The SUBRECIPIENT acknowledges that the obligation of the CITY is contingent upon the availability of Federal, State or Local government funds, which are appropriated or allocated for the payment of such an obligation. If finnnding levels are significantly affected by ',Federal budgeting or if funds are not allocated and available for the continuance of the function performed by the SUBRECIPIENT, this AGREEMENT may be terminated by the CITY at the end of the period for which funds are available. At the earliest opportunity, the CITY shall notify the SUBRECIPIENT of any service which may be affected by a -shortage of funds. No penalty shall accrue to the CITY in the event this Provision is exercised and the CITY shall not be liable for any damages as a result of termination under this provision of this AGREEMENT. Nothing herein shall be construed as obligating the CITY to expend fimds in excess of appropriations authorized by law. (2) The SU13RECIPIENT shall allow representatives of the CTfY or IIUD to inspect facilities which are used in connection with the AGREEMENT or which implement programs funded under this AGREEMENT. F. Matchitug The SUBRECIPIENT is required to make matching contributions to supplement the ESG program in an amount that equals or exceeds the amount of ESO funds provided by HUD through the CITY, Such contributions shall be entirely consistent with the Matching Requirements as outlined by 24 CFR § 576.201. The anticipated source and amount of all matching funds contributed by the SUBREC]PIENT will be enumerated in Exhibit di, Final Budget. G. Program Income (1) Definition. Program income means, as provided by 2 CFR 200,80, gross income received by the SUB.RECIPIENT directly generated by a grant supported activity, or earned only as a result of the grant agreement during the grant period. For purposes of ESG, program income will also include any amount of a security or utility deposit returned to the SUBRECIPIENT. (2) Use. The SUBRECIPIENT shall use all income received from said funds only for the same purposes for which said funds may be expended pursuant to tho terms and conditions of this AGREEMENT. (3) Counts toward Matching. Costs paid by program income may count toward meeting the matching requirements, provided the costs are eligible ESG costs that supplement the program. II. Senara't'ionpf ACeeunts Alf funds received by the SUBRECIPIENT from the CITY pursuant to this AGREEMENT shall be maintained. separate and apart from any other funds of the SUBRECIPIENT, or of any principal or member of the SUBRECIPIENT, in an account (the "Account") at a federally insured banking or savings and loan institution with record keeping of such Accounts maintained pursuant to applicable legal requirements. The SUBRECIPIENT shall keep all records of the Account in a mariner that is consistent with generally accepted accounting principles. No monies shall be withdrawn from, the Account except for expenditures relating to essential services, homeless prevention, and/or operations costs, as authorized hereunder. All disbursements from the Account shall be for obligations incurred in the performance of this AGREEMENT and shall be supported by contracts, invoices, vouchers, and other data, as appropriate, evidencing the necessity of such expenditure. The CITY may withhold payment allocation requests if the SUBRECIPIENT fails to comply with the above requirements until such compliance is demonstrated. Expenditure of Funds Much like how HUD requires the CITY, pursuant to 24 CPR 576,203, to expend all of the grant fluids for eligible activity costs within 24 months after the date that HUD signs the grant agreement with the CITY, it is a requirenncnt for the SUBRECIPIENT to expend all of the grant funds for eligible activity costs within the aforementioued period. For the purposes of this paragraph, expenditure means either an actual cash disbursement for a direct charge for a good/service or an indirect cost, or the accrual of a direct charge for a good/service or an indirect cost. Failure to expend said fiends within said tinnefranne can result in a reallocation of finds. J. Prohibited Use (1) Generally. The SUBRECIPIENT hereby certifies and agrees that it will not use funds provided through this AGREEMENT to pay for meals for persons other than those identified as homeless or at risk of homelessness. Said funds shall not be used for entertainrncnt purposes or for gifts. The SUBRECIPIENT certifies that it will not use said funds for illegal or dishonest conduct, rather, fiend use will remain in compliance with all applicable federal, state, and local laws, including applicable laws not outlined in this AGREEMENT. (2) Lobbying. The SU13RECIPIENT certifies and agrees that it will comply with federal law (31 U,S.C. 1352) and regulations found at 24 CFR Part 87, which provide that no appropriated funds may be expended by the recipient of a federal contract, grant, loan, or cooperative agreement to pay any person for influencing or attempting to influence an officer or employee of any agency, Member of Congress, or an officer or employee of a Member of IV V. Congress in connection with awarding of any federal contract, the malting of any federal grant or loan, entering into any cooperative agreement and the extension, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. The SUBRECIPIENT shall sign a certification to that effect in a form as set forth in Exhibit C, attached hereto and by this reference incorporated herein. The SUBRECIPIENT shall submit said signed certification to the CITY prior to performing any of its obligations under this AGREEMENT and prior to any obligation arising on the part of the CITY to pay any si:ms to the SUBRECIPIENT under the terms and conditions of this AGREEMENT. If any fiords other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or all employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit a. 'Disclosure Fonn to Report Lobbying," in accordance with its instructions (see Exhibit D). NOTICES The SUBRECIPIENT and the CITY agree that all notices required by this AGREEMENT shall be made in writing and delivered via mail. (postage prepaid); commercial courier; personal delivery; or sent by facsimile or otlier electronic means (provided that receipt is eonfinned). Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending, All notices and other written communications under this AGREEMENT shall be addressed to the individuals in the capacities indicated below, unless modified by subsequent written notice, Conununication and details concerning the AGREEMENT shall be delivered to the office of, and directed to, the following representatives: CITY: Terri Eggers Sr. Community Development Analyst 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 teggcrs@santa-ana.org GENERAL CONDITIQNS A. Coordination with Continuum of Care SUBRECIPIENT: William O'Connell Executive Director Colette's Children's Home 7372 Prince Drive. Suite 106 Huntington Beach, CA 92647 714-596-1380 The SU13UCIPIFNT must work with the Continuum of Care ("CoC") to ensure the screening, assessment, and referral of program participants are consistent with the CITY's written standards for providing ESG assistance as described in its consolidated plan, The SUBRECIPIEN'T must ]seep documentation evidencing the use of, and written intake procedures for, the centralized or coordinated assessment system(s) developed by the CoC in accordance with the requirements established by HUD. See 24 CPR 576.400. B. Evaluation of Program Partici cants Eligibility and Needs The SUBRECIPIENT must conduct evaluations and re-evaluations to detern>;ne the eligibility of each individual or family's eligibility for ESG assistance iu accordance with 24 CFA 576.401. C. Terminating Assistance If a program participant violates program requirements, the SUBRECIPIENT may terminate the assistance in accordance with a formal process established by the S'UBR,ECIPIENT that recognizes the rights of individuals affected. See 24 CFR 576.402 D. Shelter and Housing Standards The SUBRECIPIENT certifies that shelters and housing supported by ESG fiords and used by ESG beneficiaries will conform to 24 CFR 576.403, E. Homeless Involvement The SUBRECIPIENT certifies that it will involve, to the maximum extent practicable, homeless individuals and families in constructing, renovating, maintaining, and operating facilities assisted under the ESG program, and in providing services for occupants of these facilities. See 24 CPR 576.405(c) and 42 USC 11375(d). F. Independent Contractor Nothing contained in this AGREEMENT is intended to, or shall he construed in any rimmier, as creating or establishing the relationship of crnployer/employee between the parties. The SUBRECIPIENT and its subcontractors shall at all times remain independent contractors with respect to the services to be performed under this AGREEMENT, The CITY shall be exempt from payment of any Unemployment Compensation, FICA, retirement, life and/or rnedical insurance and Workers' Compensation Insurance as the SUBRECII'lENT is an independent contractor. G. Subcontracts (1) Content Requirements. The S'UBRECI'PIENT will include all relevant provisions of this AGREEMENT in all subcontracts entered into as part of the activities undertaken in furtherance of this AGREEMENT and will take appropriate action pursuant to any subcontract upon a finding that the subcontractor is in violation of regulations issued by any federal agency. The SUBRECIPIENT will not subcontract with any entity where it has notice or knowiedge that the latter has been found in violation of regulations under 24 CFR Part 135 (Econonic Opportunities for Low- and Very Low -Income Persons) and, will riot allow any subcontract unless the entity has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. (2) Submission to the CITY. The SUBRECIPIENT must submit all subcontracts and other agreements that relate to this AGREEMENT to the CITY. R. Licensing The SUBRECIPIENT agrees to obtain and maintain all required licenses, registrations, accreditation, and inspections from all agencies governing its operations. The SUBRECIPIENT shall ensure that its staff and subcontractors shall also obtain and maintain all required licenses, registrations, accreditation and inspections from all agencies governing the SUBRECIPICNT's operations hereunder. Such licensing requirements include obtaining a City business license, as applicable, 1, Responsibilities Toward Emalovees The SUBRECIPIENT accepts full responsibility for payment of any and all unemployment compensation, insurance premiums, workers' compensation premiums, income tax withholdings, social security withholdings, and any and all other taxes or payroll withholdings required for all employees engaged in the performance of the work and, activities authorized by the AGREEMENT. The SUBRECIPIENT accepts full responsibility for providing workers with proper safety equipment and taking any slid all necessary precautions to guarantee the safety of workers or persons otherwise affected. J. Insurance and Bondine (I)Generally. The SUBRECIPIENT shall maintain liability and property insurance to cover actionable legal claims for liability or loss which are the result of injury to or death of any person, or damage to property (including property of Grantee) caused by the negligent acts or omissions, or negligent conduct of the SUBRECIPIENT, its employees, agents or subcontractors, to the extent permitted by law, in connection with the activities pursuant to this AGREEMENT. The SUBRECIPIENT shall comply with the bonding and insurance requirements of 2 CFR 200.427, and 2 CPR 200.447. The SUBRECIPIENT shall undertake self-insurance, or shall obtain, at its sole cost, a policy or policies of commercial general liability insurance, or equivalent fornn. Stich insurance shall: (t) name the City of Santa Ana, its officers, agents, employees and volunteers its additional insureds; (2) be primary with respect to insurance or self insurance programs maintained by the CITY; (3) contain standard separation of insureds provisions; and (4) give to the CI'T'Y prompt and timely notice of claim made or suit instituted arising out of the SUBRECIPIENT's operations hereunder. (2) Limits. The SUBRECIPIENT shall maintain, at all times, the following minimum levels of H>usurance, and shall, without in any way altering its liability, obtain, pay for, and maintain insurance for the coverages and amounts of coverage not less than those set forth below: a. Workers' Compensation.. Amount must comply with State and Federal Laws b. Comprehensive General Liability, $1,000,000 combined single limit of liability for bodily injuries, death, and property damage resulting from any one occurrence, including the following coverages: Prenuses and Operations; and fl. Broad. Form Commercial General Liability Endorsement to include blanket contractual liability (specifically covering, but not limited to, the contractual obligations assumed by the SUBRECIPIENT); Personal Injury (with employment and contractual exclusions deleted); and Broad Form Property Damage coverage. C. The SUBRECIPIENT's self-insured retention or deductible per line of coverage shall not exceed $25,000 without the permission of the CITY. (3) Proof of nsurarnce. The SUBRECIPIENT shall furnish the CITY's Clerk of the Council with an insurance certificate from insurance carrier certifying that it carries such insurance and that, the policy shall not be canceled nor the coverage reduced except upon thirty (30) days prior notice to the CITY. The SUBRECIPIENT shall, prior to exercising any right nuclei- this AGREEMENT: a., furnish properly executed certificates of insurance and additional insured endorsement to the CITY which shall clearly evidence all coverage required above; b. provide that such insurance shall not be materially changed or terminated except on thirty (30) clays prior written notice to the CITY; c. maintain such insurance for the period covered by this AGREEMENT; and d. replace such certificates for policies expiring prior to the expiration of this AGREEMENT. (4) Company Rating, All insurance coverage shall be written with a company having an A.M. Best Rating of"A" or better and financial size of VIII or larger. (5) Failure to Comply. In the event of any failure by the SUBRECTPIENT to comply with these provisions, the CITY may, after notice to the SUBRECIPIENT, suspend the program for cause until there is full. compliance. K. Zoning. The SUBRECIPIENT agrees that any facility/property used in furtherance of said program shall be, specifically zoned. and pennitted for such use(s) and activity(ics). Should the SUBRECIPJENT fail to have the required land entitlement and/or permits, thus violating any local, state, or federal rules and regulations relating thereto, the SUBRECTPIENT shall immediately make good -faith efforts to gain compliance with local, state, or federal Arles and regulations following written notification of said violation(s) from the CITY or other authorized citing agency, The SUBRECIPIENT shall notify the CITY inunediately of any pending violations. Failure to notify Che CITY of pending violations, or to remedy such known violation(s), shall result in termination of grant f ruling hereunder. The SUBRECIPIENT must make all corrections required to bring the I'acitity/property into compliance with the, law within sixty (60) days of notification of the violation(s); failure to gain compliance within such time shall result in termination of grant funding hereunder. L, Displacement a<nct Relocation. The SUBRECIPIENT must assure that it has taken all reasonable steps to minirnize displacement of persons. Relocation must be consistent with requirements as set forth in 24 CFR. § 576.408. M. Provisions Required by Law Deemed Inserted, Each and every provision of law and clause required by law to be inserted in this contract shall be deemed to be inserted herein and the AGREEMENT shalt be read and enforced as though it were included herein, anti if through mistake or otherwise any such provision is not inserted or correctly inserted, then upon the application of either party the contract shall forthwith be physically amended to make such insertion or correction, VI, ASSURANCES AND CERTIFICATIONS A. Non -Profit S ants The SUBRECIPIENT certifies that: (1) The SUBRECIPIENT is a duly organized and existing non-profit corporation in good standing and authorized to do business Linder the laws of the State of California and in possession of required non-profit status under the United States Internal Revenue Code [for example, 26 USC § 501(c)(3)]. The SUBRECIPIENT has full right, power, and lawful authority to accept the funding hereunder and to undertake all obligations as provided herein and the execution, performance, and delivery of this AGREEMENT by the SUBRECIPIENT has been frilly authorized by all requisite actions on the part of the SUBRECIPIENT. (2) If the SUBRECIPIENT's non-profit status changes at anytime during this AGREEMENT, it will advise the CITY within 15 days. (3) If the SUBRECIPIENT is a private non-profit, it hereby agrees that the members of its Board of Directors will receive no compensation, directly or indirectly, other than reimbursement for expenses, from any funds generated from or because of the ESG program, for their services. (4) As a non-profit, the SUBRECIPIENT acknowledges that administration of its operation and services are subject to the requirements as established in 2 CFR 200. B. Adherence to Federal. State, and Local Laws and Re relations (1) General. The SUBRECIPIENT agrees to comply with all requirements of the ESG program and applicable cross -cutting Federal, State, and Local requirements. (2) Economic Opportunities for Low- and Very Low-income Persons. The SUBRECIPIENT shall ensure that employment and other economic opportunities generated by the Program shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly those who are recipients of government assistance for housing. Section 3 of the Housing and Urban Development Act of 1968, 12 'U.S.C. 1701u, and regulations at 24 CFR part 135 apply, except that homeless individuals have priority over other Section 3 residents in accordance with § 576.405(c). (3) Civil Rights. The SUBRECIPIENT agrees to comply with Title VI of the Civil Rights Act of 1964, as amended, Title VIII of the Civil Rights Act of 1968, as amended, Section 109 of the Title I of the Housing and Community Development Act of 1974, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, and 41 CFR Chapter 60. (4) Nondiscrinunation and Equal Employment Opportunity. During the performance under this AGREEMENT, the SUBRECIPIENT shall not discriminate against any employee or applicant for employment based on race, color, creed, religion, sex, age, handicap, disability, ancestry, national origin, marital status, familial status, sexual orientation, or any other basis prohibited by applicable law. The SUBRECIPIENT shall take affirmative action to ensure that all applicants and employees are treated without regard to race, color, creed, religion, sex, age, handicap, disability, ancestry, national origin, marital status, fain tial status, and sexual orientation. The SUBRECIPIENT shall comply with all provisions of Executive Order 11246, Equal Employment OpportLmity, as annetrded by Executive Orders 11375 and 12086, (5) Nondiscrimination and Equal Opportunity in Participation. 'Phe requirements in 24 Mpart 5, subpart A are applicable, including the nondiscrimination and equal Opportunity requirements at 24 CPR 5.105(a), The SUBRLCIPIENT sball not discriminate against any participant on the ground of race, color, creed, religion, sex, age, handicap, disability, ancestry, national origin, marital status, familiar status, sexual orientation, or any other basis prohibited by applicable law. The SUBRECIPIENT shall, through affirmative outreach, make known that use of the facilities, assistance, and services are available to 911 on a nondiscriminatory basis. The SUBRECIPIENI mist take appropriate steps to ensure effective conunrmicati,on with persons with disabilities. (6) Americans with Disabilities Act. The SUBR'ECIP.IENT agrees to comply with any federal regulations issued pursuant to compliance with the Americans with Disabilities Act which prohibits discrimination and ensures equal opportunity for persons with disabilities in employment, State and. Local government services, and public 9ccormnodations. (7) Fair Housing. Under section 808(c)(5) of the Pair Housing Act, IIUD has a statutory duty to affirmatively further fair housing. HUD requires the same of its Rinded sub -recipients. The SUBRECIPIENT has a ditty to affirmatively further fair housing opportunities for classes protected under the Pair Housing Act. C. Falsification of Information The SUBRECIPIENT represents and warrants that it has made no false statements to the CITE.' in the process of obtaining this award of the ESG Funds. D. Drua Free Workplace The SUBRECIPIENT represents and warrants that it las established the following drug-free workplace policy; (1) The unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace for any employee involved in a federally funded program. (2) As an employee working in conjunction with a federally fimded program, the employees of the SUBRECIPIENT will be required to; a. Abide by the terms above in statement (1), and b. Notify the appropriate SUBRECIPIENT authorities and CITY officials of any criminal drug statute conviction for a violation occurring in the workplace, Such notification shall be made no later than five (5) days after conviction. (3) The CITY and the United States Department of Housing and Urban Development will be notified within 10 ten clays after receiving notice of any such violation. (4) Within thirty (30) days of receiving such notice, appropriate personnel action will be taken against such employee, up to and including termination. (5) Each such employee shall be required to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State or Local health, law enforcement, or other appropriate agency. E. Religious Organization The SUERECIPIENT may not engage in inherently religious activities, such as worship, religious instruction, or proselytization as part of said program or services. If the SUBRECIPIENT conducts such activities, the activities must be offered separately, in time or location, from said programs or services, and participation must be voluntary for the program participants, The SUBRECIPIENT shall not, in providing program assistance, discriminate against a program participant or prospective program participant on the basis of religion or religious belief. If the SUBRECIPIENT is a religious organization, it retains its independence from Federal, State, and Local governments, and may continue to carry out its mission, including the definition, practice, and expression of its religious beliefs, provided that the religious organization does not use direct ESO funds to support any inherently religious activities. The SUBRECIPIENT agrees that rehabilitation of structures by the religious organization in connection with said program. must be in sound accord with the provisions tinder 24 CFR § 576.406. F. Additional Terms between the CITY and HUD The SUBRECIPIENT agrees further that it shall be bound by the standard terms and conditions used in the Grant Agreement between HUD and die CITY and such other rules, regulations, or requirements as HUD may reasonably impose in addition to the aforementioned assurances at or subsequent to the execution of this AGREEMENT by the parties hereto. G. OSHA Where employees are engaged in activities not covered under the Occupational Safety and Health Act of 1970, they shall not be required or permitted to work, be trained, or receive services in buildings or surroundings or under working conditions which are unsanitary, hazardous, or dangerous to the participants' health or safety, H. Batch Act The SUBRECIPIENT agrees that no finds provided, nor personnel employed under this AGREEMENT, shall be in any way or to any extent engaged in the conduct of political activities in violation of the Batch Act, 5 U.S.C. Section 1501 et seq. 11 I. Davis -Bacon Act All Laborers and mechanics employed by contractors or subcontractors in the perrornnance of construction work, including alterations and repairs, in excess of $2,000.00, 'Granted in whole or in part with federal funds shall be paid wages at rates not less than those prevailing oil similar construction in the locality as determined in accordance with the Davis -Bacon Act, as amended, 40 U,S.C. sections 276a - 276a-5. Ally such construction contract shall include and comply with the required contract provisions and riles set forth in 29 C.F.R. §55. Further, the payroll reports (along with the "Statement of Compliance") and basic records are required to be maintained and subnlitted, or made available, pursuant to 29 C.F.R. §5.5(x)(3). No payment, advance, grant, loan or guarantee of fiulds shall be approved by the federal agency unless there is on file with the agency a certification by the contractor Haat the contractor and its subcontractors have complied with the provisions of 29 C.F.R. §5.5. A breach of the contract clauses in 29 C.P.R. §5.5 may be grounds for termination of the contract, and for debarment as a contractor/subcontractor, as provided in 29 C.F.R. §5.12. Labor standards interviews/investigations shall be made as necessary to assure compliance. See 29 C.F.R. §5,6(a)(3). VII. AIDMINISTIWIVE REOIIIItE ENTS A. Generally The following requirements and standards rust be complied with: 2 CFR Part 200, et al. SUBRECIPIENF shall procure all materials, property, or services in accordance with the requirements of 2 CFR 200.318-326. B. Procurement (1) Compliance. The SUBRECIPILNT shall eomply with current FTUD and. CITY policies contenting the procurement of equipment, goods, auld services, and shall maintain inventory records of all non -expendable personal property as defined by such policy as may be procured with funds provided herein. The SUBRECIPIENT shall report to the CITY all program assets (unexpended program income, property, equipment, etc.), and upon the CITY'S request, such assets shall revert to the CITY upon termination of this AGREEMENT. (2) Pursuant to 2 CFR 200.331 (a) (4), the Indirect Cost Rate for the SUBRECIPIENT's award shall be an approved federally recognized cost rate negotiated between the SUBRECIPIENT and the Federal government, or, if no cost rate exists, the de minims indirect cost rate as defined in 2 CFR 200.414(b) Indirect (F & A) costs shall be used. For this agreement, the de minims indirect cost of 10% will apply. (3) Use and Reversion of Assets. The rise and disposition of equipment under this AGREEMENT shall be i,n. compliance with the requirements of 2 CFR Part 200 C. Reporting Reporting requirements must conform. to the policies and procedures as established by the CITY and 24 CFR § 576.500. The SU'BRECIPIENT shall submit to the CITY, on or before the 15"' clay of October, January, April, and ,huty, as part of the Quarterly Report: (1) Payment Request. An original request for reimbursement and true copies of invoices, receipts, agreements, or other documentation supporting and evidencing how the ESG Funds have been expended during the applicable quarter. 12 (2) Quarterly Activities and written cumulative (year-to-date) reports of activities, program accomplislnnents, new program information, and up-to-date program statistics on expenditures, caseload and activities. Failure to provide any of the required documentation and reporting will cause the CITY to withhold all or a portion of a request for reimbursement until such documentation and reporting has been received and approved by the CITY, (3) Matching. Quarterly certification of match, plus documentation of match source. (4) Any other such reports as the CITY (or FUD) shall reasonably require and/or request, including but not limited to the following information: monthly records of all ethnic and racial statistics of persons and families benefited by the SUBRECIPIENT in the performance of its obligations under this AGREEMENT. D. Record Keeping Sufficient records must be established and maintained to enable the CI'T'Y and I -IUD to determine whether the ESG requirements are being met, Record keeping requirements must conform to the policies and procedures as established by the CITY. All accounting records, reports, all evidence pertaining to costs, expenses, and ESG Funds of the SUBRECITIENT, and all documents related to this AGREEMENT shall be maintained and kept available at the SUBRECIPIENT'S office or place of business for the duration of the AGREEMENT and thereafter for five (5) years post -completion of an audit in conformity with the ESG requirements, except as hereinafter provided relating to retention of any records or documentation existing, created, or maintained in compliance with .Lead-based Paint regulations, which likely require longer retention as outlined below. Records which relate to (a) complaints, claims, administrative proceedings or litigation arising out of the performance of this AGREEMENT, or (b) costs and expenses of this AGREEMENT to which the CITY or any other governmental agency takes exception, shall be retained beyond the five (5) years until complete resolution or disposition of such appeals, litigation claims, or exceptions. All said records must be retained for the greater of the aforementioned duration or the periods specified in 24 CFR 576,500(y), All records relating to, or created or maintained in compliance with, the Lead -Based Paint regulations shall be, retained and maintained by the S'UBRECIPIENT indefinitely, including without limitation, all inspection repert(s), disclosure statement(s), and clearance report(s). Copies made by microfilming, photocopying, or similar methods may be substituted for the original records, The CITY, FIUD and auditors shall have the right to access all the SUBRECIPIENT records for as long as the records are retained by the SUBRECIPIENT. In the event the SUBRECIPIENT does not make'the above -referenced documents available within the City of Santa Ana, California, the SUBRECIPIENT agrees to pay all necessary and reasonable expenses incurred by the CITY in conducting any audit at the location where said records and books of account are maintained, The SUBRECIPIENT agrees to meet the requirements set forth in 24 CFR § 576.500, E. flomeleas Management Information Systems (FIMIS) (1) Generally. Tine SUBRECIPIFNT must ensure that data on all persons served and all activities assisted under ESG are entered into the applicable community -wide HMI',S in the area in which those persons and activities are located, or with the express knowledge and written consent of the CITY, a comparable database, in accordance with HUD's standards on participation, data collection, and reporting under a local I-IMIS. (2) I-IMIS Agency Agreement, The SUBRFC113IENT shall have an agreement in place with the I-I'MIS lead agency to participate in the regionally $MIS system. A copy of the SUBRECIPIENTS agreement with the HMIS lead agency shall be attached to this agreement as Exhibit F. In the case of Domestic Violence service providers 13 or other agencies prohibited. from entering data into HMIS, documentation from the HMIS lead agency certifying that the SUBRECIPIENT is using a comparable database shall be attached to this agreeiucnt as Exhibit E. (3) HMIS Interagency Data Sharing Agreement, The SUBRECIPIENT shall enter into an Hzteragency Data Sharing Agreement with the RMIS Load Agency where the SU13RECIPILNT agrees to share IIMIS data with other ESG funded agencies regarding clients that are served in ESG funded programs, unless prohibited by law. A copy of such agreement shall lie attached as Exhibit F-1. (A.) The SUBRECIPIENTagrees to provide 21 10C with all required data Beetled to complete data analysis regarding project performance, data timeliness, or data quality. F. Aucli. Re, op rt Requirements The SUBRECIPIENT agrees that if the SUBRECIPIENT expends Seven IIundred Fifty Thousand Dollars ($750,000.00) or more in federal fiords, the SUBRECIPIENT shall have an annual audit conducted by a certified public accountant in accordance with the standards as set forth and published by the United States Office of Management and Budget (2 CFR 200.501a). The SUBRECIPTENT shall provide the CITY with a copy of said audit by April 1 of tho year following the program year in which this AGREEMENT is executed. ,Further, the SUBRECIPIENT shall comply and/or cause compliance with audit repori(s) required by applicable provisions of the Lead -Based Paint Regulations as further detailed below. VIII. EVALUATION AND MONITORING A. Gonerally The CITY will monitor the performance of the SUBRECIPIENT against goals and performance standards as required herein. The SUBRECIPIENT shall provide the CITY all necessary reporting information as required by the CITY in the administration and review of the Program, Substandard performance as determined by the CITY will constitute noncompliance with this AGREEMENT. I„f action to correct such substandard performance is not taken by the SUBRECIPIENT within a reasonable period of time after being notified by the CITY, contract suspension or termination procedures will be irdtiaked. B. Access to Records The SUBRECIPIENT gives the CITY and HUD, including their authorized representative, access to and the right to examine all records, books, papers, items, errails, and documents, both physical and electronic, relating to the program. C. Audit The CITY shall have the right to audit and monitor any program income as a result of an ESG activity, Upon request by the CITY and for audit purposes, the SUBRECIPIENT further agrees to provide all files, records, and documents pertaining to related activities and clientele demographic data. IX. LIABILITY A. Generally 14 Each party to this AGREEMENT acknowleclgcs that it will be Liable for its own negligent acts or negligent omissions by or through itself, its employees, agents, and subcontractors. Each party further agrees to defend itself and themselves, and to pay any judgments arid costs arising out of such negligent acts or omissions, and nothing in this AGREEMENT shall impute or transfer any such liability from one to the other. In other words, the SUBRECIPI.ENT agrees to be fully responsible for its negligent acts or omissions, or any intentional tortuous acts which result in claims or suits against the CITY, and agrees to be liable for any damages proximately caused by said acts or omissions, Nothing herein shall be construed as consent by a State or CITY agency or subdivision to be sued by third parties in any matter arising out of any contract, and nothing herein is intended to serve as a waiver of sovereign immunity where sovereign immunity applies. B. CITY not Liable for Funds The SUBRECIPIENT further acknowledges that the source of the ESG Funds is a federal pass-through grant to the SUBRECIPIENT. The CITY shall have no obligation to advance or pay the SUBRECIPIENT with any funds other than the ESG Funds the CITY receives from HUD. C. hold Harmless The SUBRECIPIENT shall defend, indemnify and save harmless the CITY, its officers, agents, employees, representatives, volunteers, and student externs from and against any and all damages to property or injuries to or death of any person or persons, including property and employees or agents of the CITY, and shall defend, indernnify and save harmless the CITY, its officers, agents, employees, representatives, volunteers, and student externs from and against any and all claims, demands, suits, actions or proceedings of any kind. or nature, including, but not by way of limitation, workers compensation claims and attorney fees/expenses for litigation or settlement, resulting from or arising out of the negligent or wrongfid acts, errors or omissions of the SUBRECIPIENT, its officers, directors, employees, agents, subcontractors, and suppliers arising out of the SUBRECIPIENT's perfornnance of this AGREEMENT, X. ENVUZONMENTAL CONDITIONS A, Generally ESG activities are subject to environmental review by HUD under the environmental regulations in 24 CFR 50. The SUBRECIPIENT, or any contractor of the SUBRECIPIENT, may not acquire, rehabilitate, convert, lease, repair, dispose of, demolish, or constructt property fora project under this part, or commit or expend HUD or local funds for eligible activities under this part, until HUD has performed an enviromnemal review under 24 CFR part 50 and the recipient Inas received 11UD approval of the property. The SUBRECJPIENT agrees to comply with all applicable environmental requirements insofar as they apply to the performance of this AGREEMENT, including but not limited to the Clean Air Act, the Federal Water Pollution Control Act and the Flood Disaster Protection Act. If applicable, the SUBRECIPIENT also shall comply with the Historic Preservation requirements of National Historic Preservation Act of 1966. B. Lead-based paint remediTtion and disclosure The Lead -Based Paint Poisoning Prevention Act (42 U.S.C. 4821-4846), the Residential Lead -Based Paint Hazard Reduction Act of 1992 (42'U,S.C, 4851--4856), and implementing regulations in 24 CFR part 35, subparts A, B, .It, J, K, M, and R apply to ill shelters assisted undor ESG program and all housing occupied by program participants that were built before 1978, 1s C. Assia anent of ResRonsibilities By this AGREEMENT, the SUBRECIPIENT will accept assignment from the CITY of all responsibilities set forth in Subpart IC of 24 CFR 35. D, Comoliance with Subpart K The purpose of Subpart K. is to establish procedures to eliminate as far as practicable Ieacl-based paint ("LBP") hazards in a residential property that receives Federal assistance under certain HUD programs for acquisition, leasing, support services, or operation. In connection with the grant funds tinder this AGREEMENT, the CITY requires that the SUBRECIPIENT comply and show evidence of compliance with all applicable subparts of 24 CPR 35, and especially, Subpart K ("LBP Regs"). The SUBRECIPIENT shall conduct the following activities for the dwelling unit, common areas servicing the dwelling unit, and the exterior surfaces of the building in which the dwelling unit is located: (1) A visual assessment of all painted surfaces in order to identify deteriorated paint; (2) Paint stabilization of each deteriorated paint surface, and clearance, in accordance with §§ 35.1330(a) and (b), before occupancy of a vacant dwelling unit or, where a unit is occupied, inuuediately after receipt of Federal assistance; and (3) Onnoine lead-based paint mainteruance activities into regular building operations, in accordance with § 35.1355(a), if the dwelling unit has a continuing, active financial relationship with a Federal housing assistance program, except that mortgage insurance or loan guarantees are not considered to constitute an active programmatic relationship 'for the purposes of this part. (4) AAnd kLcige to occupants in accordance with §§ 35.125(b)(1) and (c), describing the results of the clearance exanunation. E. Notification of LBP Hazard The SUBRECIPIENT' shall provide to all occuptmts of housing: (1) hi accordance with Section 35.130 of the LBP Regs - the LBP hazard information pamphlet. The pamphlet shall be the EPA/HUD/Consumer Product Safety Commission lead hazard information pamphlet or an EPA -approved equivalent. The current form and version of the pamphlet can be found at: http://www.hud.gov/offices/lead/I ibra ry/enforcement/fs-discl.pdf (2) In accordance with 24 CFR 35, Subpart A, all available information and knowledge regarding the presence of LBP and LBP hazards prior to leasing a housing unit. 13 (3) In accordance with 24 CFR 35, Subpart A, notification in writing of the results of the presumption of LBP and/or LBP hazards, results of any lead hazard evaluation, and any lead hazard reduction work, F. LBP Information Summary For purposes of information only and in no respect intended to be a representation or warranty of the provisions of the LBP Regulations, the CITY has caused to be prepared an information summary relating to the LBP Rebnllations and Application to dwelling units that may be occupied by reoipicnts of services and/or Sinding from the SUBRECIPIENT under this AGREEMENT. CITY staff will cooperate with and be available to the SUBRECIPIENT to assist in implementation of compliance with the LBP Regs as to residential dwelling units to be assisted by the SUBRECIPIENT, The parties acknowledge and agree the CITY shall not be liable or responsible for the accuracy of such summary, and the SUBRECIPENT is directed to the LBP Regulations and implementing guidance published and provided by HUD relating to compliance with such L'BP Regulations, G, Exemptions Section 35.115(x) provides exemptions from Subparts B through R. For example, lead-based paint requirements do not apply to housing assistance if the assistance lasts less than one hundred (100) days. X1. CONFLICTS OF INTEREST The SUBRECIPIENT shall comply with 2 CFR 200,112 with respect to the use of program funds to procure set -vices, equipment, supplies, or other property. With respect to all other decisions involving the use of program funds, the following restriction shall apply: No person who is all employee, agent, consultant, officer, or elected or appointed official of the SUBRECIPIENT and who exercises or has exercised any functions or responsibilities with respect to assisted activities, of who is in a position to participate in a decision making process or gain inside information with regard to such activities, may obtain a personal or financial interest or benefit from the activity, or have an interest in any contract, subcontract, or agreement with respect thereto, or the proceeds there under, either for himself or herself, or for those with who he or she has family or business ties, curing his or her tenure or for one (1) year thereafter. The SUBRECIPTENT agrees to abide by the ESG Progratn's Conflict of Interest provisions as expressly detailed in 24 CFR § 576.404 regarding Organizational Conflicts of Interest and Personal Conflicts of Interest. All contractors of the SUB.RECIPIENT must comply with the same requirements that apply to the SUBRECIPIENT under this section X11. ASSIGNAIIILITY None of the duties of, or work to be performed by, the SUBRECIPIENT under this AGREEMENT shall be subcontracted or assigned to any agency, consultant, or person without the prior written consent of the CITY. The SUBRECIPIENT must submit all subcontracts and other agreements that relate to this AGREEMENT to the CITY. No subcontract or assignment shall tenninate or alter the legal obligations of the SUBRECIPIENT pursuant to this AGREEMENT, X'II'I. EXCLUSIVITY OF AGREEMENT 'This AGREEMENT supersedes any and all other agreements, either oral or in writing, between the parties hereto 17 with respect to the use of the CITY's ESG Funds by the SUBRECIPIENT and contains all the covenants and agreements between the parties with respect to such ESG Funds in any manner whatsoever. Each party to this AGREEMENT acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement or amenrhnent hereto shall be effective unless executed in writing and signed by both the CITY and the SUBRECIPIENT. XIV. AMENDMENTS OR MODIFICATIONS The SUBRECIPIENT shall not obligate, encurnber, spend, or otherwise utilize program funds for any activity or purpose not included or not in conformance with the budget as apportioned and as submitted to the CITY tmless: (1) The SUBRECII'IENT has received explicit written approval from the CITY to undertake such actions, or (2) Budget changes may be made among approved program activities and among approved budget categories so long as the specific project activity has been approved, there is no change to the total grant amount, and the changes to the budget are documented. Any program modification request by the SUBRECIPIENT must be requested at least forty-five (45) days prior to the end of the term of this AGREEMENT. No modification to this AGREEMENT shall be binding by either party unless in writing and signed by both parties, In the event that the CITY approves any amendment to the funding allocation, the SUBRECIPIENT shall be notified in writing and such notification shall constltuto sn official amendment, The CITY may, at its discretion and upon provision of proper notice to the SUBRECIPIENT, amend this AGREEMENT to conform with changes in Federal, State, and/or the CITY laws, regulations, guidelines, directives, and objectives. Such amendments shall be incorporated by written amendment as a part of this AGREEMENT. XV. VIOLATION OF TERIWS AND CONDITIONS A. Termination. If, clue to any cause, the SUBRECIPIENT fails to comply with the terms, conditions or requirements of this AGREEMENT, or any prior AGREEMENT whereby ESG funds were received by the SUBRECIPIENT, whether stated in a Federal statute or regulation, an assurance, a State plan or application, a notice of award, or elsewhere, the CITY may terminate or suspend this AGREEMENT in accordance with 2 CFR 200.339 and in accordance with 2 CFR 200.340 by giving written notice, and the CITY may request in writing that all or some of the grant hands be returned even if the SUBRECIPIENT has expended the funds. If the SUBRECIPIENT reports inaccurately, or if on audit there is a disallowance of certain expenditures, the SUBRECIPIENT agrees to remedy the acts or omissions causing the disallowance and repay the CITY all amounts spent in violation thereof. If the SUBRECIPIENT engaged in fraudulent activity to obtain and/or justify expenditure of the ESG funds granted hereunder, the SUBRECIPIENT shall be required to reimburse the CITY of all such funds that were obtained and/or spent under fraudulent circumstances, and the CITY reserves the right to take other remedies that may be legally available. 18 The SUBRECIPIENT agreos to return all funds as requested by the CITY under this section within thirty (30) clays of receipt of the written request. Any objections regarding terminations or suspensions shall be made by the SUBRECIPIENT in writing and mailed to the CITY pursuant to the above NOTICES section. XVI. CLOSE-OUT The SUBRECIPIENT agrees to comply with the closeout procedures detailed in 2 CFR 200.343, including the following: 1. SUBRECIPIENT must submit, no later than ninety (90) calendar days after the enol date of the period of performance, all financial, performance, and other reports as required by the terms and conditions of the Federal award; 2. Unless the CITY authorizes an extension, SUBRECIPIENT must liquidate all obligations incurred under the Federal award not later than ninety (90) calendar days after the end date of the period of performance as specified in the terms and conditions of the Federal award; 3. SUBRECIPIENT must promptly refund any balances of unobligated cash that the CITY paid in advance or paid and that is not authorized to be retained by SUBRECIPIENT for use in other projects (See OMG Circular A-129 and 2 CFR 200.345); 4. SUBRECIPIENT must account for any real and personal property acquired with Federal funds or received from the Federal government in accordance with 2 CFR 200.310-200.316 and 200,329; and, 5. The CITY should complete all closeout actions for the 'Federal award no later than one year after receipt and acceptance of all required final reports. XVII. VALIDITY AND SEVERABILITY The invalidity in whole or in part of any provision of this ARGREEMENT shall not void or affect the validity of any other provision of this AGREEMENT. Whenever possible, each provision of this AGREEMENT shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this AGREEMENT is held to be prohibited by or invalid umd.er applicable law, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of such provisions of this AGREEMENT, XVIII, LAWS GOVERNING THIS AGREEMENT This AGREEMENT shall be governed by and construed in accordance with the laws of the State of California, and all applicable federal laws and regulations. XIX. WAIVER No delay or omission by the CITY hereto to exercise any right or power accruing upon any noncompliance or default by the SUBRECIPIENT with respect to any of the terms of this AGREEMENT shall impair any such right or power or be construed to be a waiver thereof, A waiver by either of the parties hereto of any of the covenants, conditions, or agreements to be performed by the other shall not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition, or agreement hereni contained. 19 XX. AGREEMENT DOCUMENT EXHU3IT5 AND ATTACHMENTS All of the attachments and exhibits attached to this AGREEMENT are deemed incorporated by reference. This document may be. executed in three (3) counterparts, each of which shall be deemed to be an original. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terns of this AGREEMENT, and shall indemnify the CITY fully, including reasonable costs and attorney's fees, for any injuries or damages to the CITY in the event that such authority or power is not, in fact, held by the signatory oris withdrawn. IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT on the date and year first above written. ATTEST: CITY OF SANTA ANA a municipal corporation / 4411L ED-, G MARIA D. HUIZAR. NTI31A 1 Clerk of the Council nteritu City APPROVED AS TO FORM: RECOMMENDED FOR APPROVAL: a; J�' 1t M� E ' C, C RTEZ, Acting Community Development Director Community Development Agency SUBRECII'IENT, Name: William O'Connell Title: Executive Director Tax ID: 91-1939140 DUN'S ##: 14-736-8448 20 Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 29 CFR Part 98, Section 98.510, Participants' responsibilities. The regulations were published as Part VII of the May 26,1988 Federal Re sister (pages 19160-19211), (BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS FOR CERTIFICATION - Attached) (1) The prospective recipient of federal assistance finds certifies, by submission of this proposal, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded fi•om participation in this transaction by any federal department or agency. (2) Where the prospective recipient of federal assistance funds is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. t William O'Connell, Executive Director � I /i n t a, - Name and Title of Authorized Representative July 12, 2017 Signature Date EXHIBIT C Page 1 of 2 INSTRUCTIONS FOR CERTIFICATION By signhng and submitting this proposal, the prospective recipient of federal assistance finds is providing the certification as set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered, into. If it is later determined that the prospective recipient of federal assistance fiends knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the Department of Labor (DOL) may pursue available remedies, including suspension and/or debarment. The prospective recipient of federal assistance funds shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective recipient of federal assistance funds learns that its certification was erroneous when submitted or has become erroneous by reason of changed cireurnstances. 4. The terms 'covered transaction," "debarred," "suspended," "ineligible," 'lower tier covered transaction," "paiticipant," "person," "prlmruy covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations, The prospective recipient of federal assistance finds agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the DOL. 6. The prospective recipient of federal assistance funds further agrees by submitting this proposal that it will include the clause titled "Certification Regarding .Debarment, Suspension, Ineligibility and voluntary exclusion - Lower Tier Covered Transactions," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. A participant in a covered transaction may rely upon a certification of a prospective participant in a. lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to check the List of Parties Excluded from Procurement or Non - procurement Proarains. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to reader in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the DOL may pursue available remedies, including suspension and/or deba.nnent. EXHIBIT C Page 2 of 2 Certification Regarding Lobbying Certification for Contracts. Grants Loans and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge Enid belief, that: (1) No Federal appropriated fiords have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or at, employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contact, grant, loan or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawa:rds at all tiers (including subcontract, sabgrants, and contracts lander giTants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly, This certification is aniaterial representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such fail -Lire. Colette's Children's Ilome Emergency Shelter Program Grantee/Contactor Organization Program Title William O'Connell Name of Certifying Officer EXHIBIT D Page 1 of 2 6 I� July 12, 2017 V Date SUBRECIPIENT warrants the following: 1. SUBRECIPIENT will comply with Public Law 88-352, Title VI of the Civil Rights Act of 1964 (42 U. S. C. section 2000 et seq.) and implementing regulation in 24 CFR. Part 1. 2. No person in the United. States shall on the ground of race, color, religion, national origin, or sex, be excluded from participation in, or be denied the ben Tits of, or be subjected to discrimination under any program or activity funded in whole or in pari with community development funds made available pursuant to the ACT. 3. All laborers and mechanics, employed by contractors or subcontractors in the performance of construction work financed in whole or in part with community development funds shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined in accordance with the Davis -Bacon Act, as amended, 40 U. S. C. Sections 276 a 1.5, except for individuals who perform services for which they volunteered; do not receive compensation for such set -vices; or are paid expanses, reasonable benefits, or a nominal fee for such services; and are not otherwise omployed at any time in construction work. 4. SUBRECIPIENT will comply with all Federal statutes applicable to projects funded with connnunity development funds, except that (a) SUBRECIPIENT does not assume CTTY'S environmental responsibilities described at 24 CFR 570.604; and (b) SUBRECIPIENT does not asswn7e CITY'S responsibility for initiating the review process under Executive Order 12372. EXHIBIT D Page 2 of 2 Name of Organization Name of Funded Program Annual Accomplishment Goal City of Santa Ana Scope of Work COLETTE'S EMERGENCY SHELTER PROGRAM I. Total number of unduplicated clients (Santa Ana and Non -Santa Ana Residents) anticipated to be served by the funded program, named above, during the 12 -month contract period. 400 Persons Number of unduplicated Santa Ana residents expected to be served by the funded program during the 12 -month contract period. 0 Persons Program and Funding Description III. Description of Work - In the space below, describe the program to be funded during the 12 -month contract period. What specific activities will be undertaken during the contract period. Please be concise in your response. Only the viewable space will print. Our Emergency Shelter Program addresses the need for year-round emergency shelter and the continued need for immediate shelter and supportive services to assist families with children break the cycle of homelessness. The emergency shelter program provides immediate safe shelter and supportive services to homeless women and homeless mothers with children on an emergent basis. At the point of program entry an assessment is completed to identify every barrier to housing stability that may exist for the family, and those barriers are addressed through goal setting and accountabilities under the care and guidance of our staff throughout program participation. Our core supportive services include intensive case management, life skills classes, assistance with securing gainful employment, assistance with budgeting and savings, and essential physical needs such as food, transportation, clothing, household items, personal and infant/children items. Program length of stay is dependent on each household individual circumstance. The outcome for each participant family is the same: long-term stable housing. Families that are well-suited for a rapid re -housing approach are assisted in securing housing working with community based organizations. Chronic homeless, high- risk, and special needs families that require additional time and services within the structure of a housing program may be transferred to an available unit within our Transitional Housing Program, with long-term stability solutions being either placement in independent housing, one of our Permanent Affordable Housing projects, or other community based Permanent Supportive Housing projects, dependent on household need, financial circumstances and support systems in place, and available housing resources. Schedule of Performance Estimate the number of unduplicated Santa Ana residents to be served by the funded program during the 12 -month contract period per quarter. (Enter number of new Santa Ana clients served each quarter. If they were served in quarter 1 do not count them again in quarter Quarter 1: July 1 - September 30 Quarter 2: October 1 -December 31 Quarter 3: January 1 - March 31 Quarter 4: April 1 -June 30 PM Persons Persons Persons Persons Total unduplicated Santa Ana Residents to be served. Schedule of Invoicing Estimate the amount of grant funds to be requested during the 12 -month contract period on a quarterly basis. Quarter 1: July 1 - September 30 Quarter 2: October 1 - December 31 Quarter 3: January 1 - March 31 Quarter 4: April 1 -June 30 E 38.50 38.50 38.50 38.50 54.00 Total Grant Exhibit A ESG Final Budget Organization Name COLETTE'S CHILDREN'S HOME Program Name EMERGENCY SHELTER PROGRAM LIST ALL OTHER PROGRAM FUNDS THAT HAVE BEEN SECURED (Total Funds for Program must equal Total Program Budget above) Source Amount Santa Ana Expenditures 22,154 Private, Corporate Grants $ 100,000 Fundraising $ Category �, Expenses Funded by Other Sources 50,000 Total Program Budget Organizational Budget Essential Services Case Management - ;.,'6$$ $ 55,954 $ 65,000 $ 965,000 Transportation Client Bus Passes, Case Mana er Milea a ';'S;' $ 13,000 $ 15,652 $ 30,000 Life Skills Classes $ 10,000 $ 10,000 $ 100,000 Child Care $ 10,000 $ 10,000 $ 100,000 Housing Placement $ 10,000 $ 10,000 $ 124,000 $ Shelter Operations Maintenance & Repair $ 19,000 $ 20,000 Food Vouchers _ $ 8,000 $ 10,653 Furnishings �0 �, $ 20,000 $ 24,000 $ 80,000 Supplies ,._; 4 $ 24,000 $ 26,094 $ 83.,000 Equipment $ 10,000 $ 10,000 $ 80,000 Communications $ 2,000 $ 2,000 $ 70,000 Contracts - Professional Services $ 5,000 $ 5,000 $ 40,000 Occupant Costs $ 20,000 $ 20,000 $ 440,000 Indirect Cost (Agency Operations, Insurance, Annual Audits) .a�._:, $ 10,000 $ 10,709 $ 237,000 Total $ 216,954 $ 239,108 $ 2,349,000 LIST ALL OTHER PROGRAM FUNDS THAT HAVE BEEN SECURED (Total Funds for Program must equal Total Program Budget above) Source Amount Santa Ana $ 22,154 Private, Corporate Grants $ 100,000 Fundraising $ 66,954 Individual Donations $ 50,000 Total Funds for the Program $ 239,106 Exhibit B Page 1 of 1 ESG Funded Personnel Name of Organization: COLETTE'S CHILDREN'S HOME Name of Program Program Staff EMERGENCY SHELTER PROGRAM Position Title (only list funded positions) Budget Category Annual Salary Hourly Rate Approximate # of Hours per month serving Santa Ana Total Amount Requested Case Manager Essential Services $ 37,440 $ 18 42 $ 9,046.00 Total ESG Requested $ 9,046.00 A`C) " CERTIFICATE OF LIABILITY INSURANCE DAT3/05/2OIYYYY) 03/05/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Certificate Issuance Team NAME: Comprehensive Insurance Services PHONE (949)709-8800 FAX (949)709-1668 AIC Ext: AIC, No): 26429 Rancho Parkway South I E-MAIDRESS: Info@thecomprehensiveinsurance.com AD Suite 120 INSURERS) AFFORDING COVERAGE NAIC p Lake Forest CA 92630 INSURERA: Nonprofits Insurance Alliance of California 11845 INSURED INSURERS: Oak River Insurance Company 34630 Colette's Children's Home, Inc. INSURER C: 7372 Prince Dr. INSURER D: Ste. 106 INSURER E: Huntington Beach CA 92647 INSURER F: COVERAGES CERTIFICATE NUMBER: All REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I TR TYPE OF INSURANCE INSO MD POLICY NUMBER MMMO/YYYY MMIDDIYYYY LIMITS X COMMERCIAL GENERALLIABILITY CLAIMS -MADE Fx_] OCCUR EACH OCCURRENCE $ 1,000,000 PREMISES E. occurrence $ 500,000 MED EXP (Any one person) $ 20,000 PERSONAL&ADV INJURY $ 1,000,000 A Y 2017-08970 11/29/2017 11/29/2018 GEN'L AGGREGATE LIMITAPPLIES PER: POLICY E] JECT PRO FX] LOC GENERALAGGREGATE $ 3,000,000 PRODUCTS - COMP/OP AGG $ 3,000,000 $0 Deductible $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 Ea accident BODILY INJURY (Per person) $ ANYAUTO A OWNED SCHEDULED AUTOS ONLY AUTOS 2017-08970 11/29/2017 11/29/2018 BODILY INJURY(Pereoddent) $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY PROPERTY DAMAGE $ Per axident $0 Deductible $ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 1.000,000 A EXCESSUAB CLAIMS -MADE 2017-08970-UMB 11/29/2017 11/29/2018 AGGREGATE $ 1,000,000 DED I I RETENTION $ 10000 $ B WORKERS COMPENSATION ANDEMPLOYERS'LIABILITY Y OFFICEWME BEER�EXCLU ED?ECUTIVE ❑ (Mandatory In NH) NIA COWC923550 02/01/2018 02/01/2019 PER OTH- X STATUTE ER Et. EACH ACCIDENT $ 1.000,000 E.L. DISEASE - EA EMPLOYEE $ 1.000,000 Ifyes, descrbe under - DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 A Improper Sexual Conduct Liability Social Service Professional Liability 2017-08970 11/29/2017 11/29/2018 $1,000,000/1,000,000 Aggregate/Occurr $3,000,000/1,000,000 Aggregate/Occurr $0 Deductible DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more apace is required) The City of Santa Ana its officers, employees, agents, volunteers and representatives are included as Additional Insured per attached endorsement NAC E61. This insurance is Primary and Non-contributory per attached endorsement E61. 30 day notice of cancellation with 10 day notice of cancellation for non-payment of premium per policy provision. A� SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Santa Ana ACCORDANCE WITH THE POLICY PROVISIONS. 20 Civic Center Plaza Santa Ana CA 92701 1 reserved ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD NONPROFITS INSURANCE ACUANCF OF CAT E FOt2NIA A Heed for lnsafance.. A Heart for Nonproflfs,. POLICY NUMBER: 2017-08970 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED PRIMARY AND NON-CONTRIBUTORY ENDORSEMENT FOR PUBLIC ENTITIES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Any person or organization that you are required to add as an additional insured on this policy, under a written contract or agreement currently in effect or becoming effective during the term of this policy, in consideration of food contribution or client referrals you receive from them. (Information required to complete this Schedule, if not shown above, will be shown in the Declarations.) A. Section II —Who Is An Insured is amended to include any public entity as an additional insured for whom you are performing operations, who may be named in the schedule above, when you have agreed in a written contract or written agreement that such public entity be added as an additional insured(s) on your policy, but only with respect to liability for "bodily injury", 'property damage' or .,personal and advertising injury' caused, in whole or in part, by: 1. Your negligent acts or omissions; or 2. The negligent acts or omissions of those acting on your behalf; in the performance of your ongoing operations. No such public entity is an additional insured for liability arising out of the "products -completed operations hazard" or for liability arising out of the sole negligence of that public entity. B. With respect to the insurance afforded to these additional insured(s), the following additional exclusions apply. This insurance does not apply to "bodily injury' or "property damage' occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or C. The following is added to SECTION III — LIMITS OF INSURANCE: The limits of insurance applicable to the additional insured(s) are those specified in the written contract between you and the additional insured(s), or the limits available under this policy, whichever are less. These limits are part of and not in addition to the limits of insurance under this policy. NIAC -61 02 17 \\..// Page 1 c7 NONPROFITS INSURANCE ALLVANC6 OF CAUFORNIA A Head for (asurunce. A Heartfor NonprvjiM. D. A. With respect to the insurance provided to the additional insured(s), Condition 4. Other Insurance of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS is replaced by the following: 4. Other Insurance a. Primary Insurance This insurance is primary if you have agreed in a written contract or written agreement: (1) That this insurance be primary. If other insurance is also primary, we will share with all that other insurance as described in c. below; or (2) The coverage afforded by this insurance is primary and non-contributory with the additional insured(s)' own insurance. Paragraphs (1) and (2) do not apply to other insurance to which the additional insured(s) has been added as an additional insured or to other insurance described in paragraph b. below. b. Excess Insurance This insurance is excess over: 1. Any of the other insurance, whether primary, excess, contingent or on any other basis: (a) That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work"; (b) That is fire, lightning, or explosion insurance for premises rented to you or temporarily occupied by you with permission of the owner; (c) That is insurance purchased by you to cover your liability as a tenant for "property damage' to premises temporarily occupied by you with permission of the owner; or (d) If the loss arises out of the maintenance or use of aircraft, "autos' or watercraft to the extent not subject to Exclusion g. of SECTION I — COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE. (e) Any other insurance available to an additional insured(s) under this Endorsement covering liability for damages which are subject to this endorsement and for which the additional insured(s) has been added as an additional insured by that other insurance. (1) When this insurance is excess, we will have no duty under Coverages A or B to defend the additional insured(s) against any "suit' if any other insurer has a duty to defend the additional insured(s) against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the additional insured(s)' rights against all those other insurers. (2) When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (a) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (b) (a) The total of all deductible and self-insured amounts under all that other insurance. (3) We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. b. Methods of Sharing If all of the other insurance available to the additional insured(s) permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any other the other insurance available to the additional insured(s) does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. NIAC -61 02 17 Page 2 V