MANAGED CAREER SOLUTIONS, SPC (2)

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INSURANCE NOT REQUIRED A-2020-158-03 WORK MAY PROCEED CLERK OF COUNCIL �. frAS CI / (.-V'i5}', Ah-rkrcMf"NON-DISCLOSURE AGREEMENT This NON -DISCLOSURE AGREEMENT ("Agreement") is hereby made and entered into this _l Oth day of August , 2020 ("Effective Date"), by and between the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City" or "Discloser"), and Managed Career Solutions SPC, a California social purpose corporation ("MCS" or "Recipient"). Each of the foregoing are hereinafter referred to as "Party" and together as the "Parties." RECITALS: A. On March 27, 2020, a special allocation of funds was authorized by the Coronavinrs Aid, Relief, and Economic Security Act ("CARES Act"), Public Law 116-136, Section 601(a) of the Social Security Act, to prevent, prepare for, and respond to the coronavirus ("COVID-19") pandemic. B. On August 4, 2020, the Santa Ana City Council authorized the City Manager to utilize CARES Act funding for various programs in response to the COVID-19 pandemic, including the Santa Ana CARES Utility Assistance Grant, which is aimed at assisting residents within the City of Santa Ana that have been affected by COVID-19 and need assistance in paying for their outstanding utility bills during this pandemic ("said program"). C. MCS has been selected by the City to receive CARES Act Funds in order to administer said program. MCS represents that it is qualified and willing to operate said program and certifies that the administration of said program carried out with funds provided under this Agreement will meet the CARES Act's objectives to respond to this historic COVID-19 public health crisis. D. Pursuant to the guidelines for said program, MCS will receive certain required documentation and information regarding potential participants from the City and the potential participants in order to confirm eligibility requirements and project expectations for said program. E. The California Public Records Act (California Government Code §§ 6250 through 6276.48) as incorporated in Article 1, Section 3(b) of the California Constitution, addresses the disclosure of public information, a matter of state-wide concern and represents a statewide statutory scheme superseding local ordinance provisions relating to the discloseability of local agency information, the disclosure of local agency information pursuant to an authorized non -disclosure agreement may be made. F. MCS will be the recipient of Confidential Information for the purpose of administering said program ("Purpose"), but the City does not intend to waive the exemption to disclosure of the Confidential Information under the Public Records Act, so Recipient must comply with the Public Records Act when handling the Confidential Information in order to preserve said exemptions.