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HomeMy WebLinkAboutMEALS ON WHEELS OF ORANGE COUNTYCity of Santa Ana 1 7' 1 i t Clerk of the Council AGREEMENT TERMINATION FORM 06 Please complete this form in its entirety when the attached agreement amendments (if any) are no longer in effect. Note: If your agreement is grant related, please ensure that all grant retention requirements have been satisfied prior to signing the termination form. / Is the agreement(s) a permanent record? Yes No Return form to the Clerk of the Council Office (M-30). Call 647-1520 if you have any questions. The agreement with A-2020-085-07 No. _ was completed on (List all amendments. use space below if needed.) i1agreementslformslfomn - agreement termination form_goldenrod.doo COTC Office Use OnN OF THE COUNCIL 131'23 Pm3:50 111 i� I 2Z andfinalpayment has been made. Department: N/ A Phone/Ext.: lJ>lJ Signature: P,C- Date:L11 A-2020-085-07 INSURANCE ON FILE WORK MAY PROCEED UNTIL INSURANCE EXPIRES 7 /1110ttk CLERK OF COUNCIL DATE. f� U �� �v UuVt Y�DIa1 df AGREEMENT BETWEEN THE CITY OF SANTA ANA AND MEALS ON WHEELS OF ORANGE COUNTY FOR USE OF c, COMMUNITY DEVELOPMENT BLOCK GRANT N CORONAVIRUS (CDBG-CV) FUNDS This Agreement is hereby made and entered into this 4 day of May. 2020. by and bemeen the Cif of Santa Ana, a charter city and municipal corporation ani/_ed and existing under the Constitution and laws of the State of California ("CITY"). and Meals on Wheels of Orange County. a California nonprofit corporation ("SUBRECIPIENT" ). RECITALS A. On March 27, 2020, a special allocation of community Development Block Grant (`'CDBG") finds was authorized by the Coronavitus Aid, Relief, and Economic Security Act ("CARES Act"). Public Law 116-136. to prevent, prepare for, and respond to the coronavirus ("COVID-19") pandemic. The CARES Act made available $5 billion in Community Development Block Grant Coronmirtts ("CDBG-CV") funds. Of this amount, the United States Department of Housing and Urban Development ("HUD") immediately allocated $2 billion based on the fiscal year 2020 CDBG formula. B. On April 2. 2020. the CITY received notice of an award of $3.374,017 in CDBG-CV funds from HUD in response to the COVID-19 pandemic. C. CITY. as an entitlement recipient and grantee ofthe HUD CDBG Entitlement Program. Catalog of Federal Domestic Assistance ("CFDA") Number 14.218. and Federal Award Identification Number (FAIN) B-20-MC-06-0508, desires to enter into this :\grccment Stith the SUBRECIPIENT for the expenditure of CDBG-CV funds in accordance with Title 24. Part 570 of Code of Federal Regulations 24 CFR 570.000. ersey. ("CDBG REGS"). D. CITY applied for and received CDBG funds from HUD pursuant to Title I of the Housing and Community Development Act of 1974. Public Law 93-383. as amended ("ACT"). E. SUBRECIPIENT has been selected b) the CITY to receive CDBG-CV funds and administer such financial assistance. and to provide the services described in Exhibit A. in accordance with the Schedule of Performance included therein ("said program'). SUBRECIPIENT represents that it is qualified and willing to operate said program and certifies that the activities carried out with funds provided under this Agreement will meet one or more of the CDBG program's National Objectives (24 CFR Part 570.208). including the CDBG-CV program's objectives to respond to this historic COVID-19 public health crisis. F. In response to the COVID-19 pandemic, SUBRECIPIENT serves love and moderate income persons. meets the national objective for the use of CDBG and CDBG-CV funds. G. SUBRECIPIENT agrees that it will adhere to the performance measurements and outcomes as indicated on Exhibit A (Schedule of Performance). Failure to follow the measurements and meet the stated outcomes may constitute breach of contract that could result in termination of this Agreement or serve as reason for the City to recapture the grant funds awarded to SUBRECIPIENT pursuant to this Agreement. WHEREFORE, it is agreed by and between the parties that the foregoing Recitals are a substantive part ofthis 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 SUBRECIPIENT: I. SU RECIPIFNT'SO-OLIGATIONS A. Nonprofit Status • Representations and Warranties. (a) Authority. SUBRECIPIENT is a duly organized and existing nonprofit corporation in good standing and authorized to do business under the laws of the State of California. SUBRECIPIENT has full right, power and lawful authority to accept the finding hereunder and to undertake all obligations as provided herein and the execution, performance and delivery of this Agreement by SUBRECIPIENT has been fully authorized by all requisite actions on the part of SUBRECIPIENT. (b) Experience. SUBRECIPIENT is a qualified provider of the services to be provided hereunder. (c) Familiarity With Services Required. By executing this Agreement. SUBRECIPIENT warrants that: (i) it has thoroughly investigated and considered the services to be performed and provided hereunder; (ii) it has carefully considered hoe the services should be performed: and (4i) it fully understands the facilities. difficulties and restrictions attending performance of the services tinder this Agreement. (d) No Conflict. To the best of SUBRECIPIENT'S knowledge, SUBRECIPIENT'S execution, delivery and performance of its obligations under this Agreement w ill not constitute a default or a breach under any contract, agreement or order to which SUBRECIPIENT is a party or by which it is bound. (e) No Bankruptcy. SUBRECIPIENT is not the subject of any current or threatened bankruptcy proceeding. (f) No Pending Legal Proceedings. SUBRECIPIENT is not the subject of a current or threatened litigation that would or may materially affect SUBRECIPIENT'S performance under this Agreement. (g) Application Veracity. All provisions of and information provided in SUBRECIPIENT's application for finding submitted to CITY, including any exhibits, are true and correct in all material respects. (h) No Pending Investigation. SUBRECIPIENT has no knowledge that it is the subject of any current or threatened criminal or civil action investigation by any public agency, including without limitation a police agency or prosecuting authority. which would relate to or affect performance of the Agreement or provision of services hereunder. B. Amount of Grant/Tan-and OLlarreriy Disbursement. The amount granted to SUBRECIPIENT for said program is One -Hundred Fourteen Thousand and 00/100 Dollars ($I 14 000 00) ("CDBO-CV FUNDS"), for the term commencing on the date first written above and continuing for six 6 months. This Agreement shall also cover any and all services provided by the SUBRECIPIENT to the CITY since the date the CDBG-CV funds v%ere awarded to the CITY. The Term of this Agreement may be extended by a writing executed by the City Manager, or his or her designee, and the City Attorney. The CDBG-CV FUNDS shall be disbursed by CITY to SUBRECIPIENT on a bi-monthly basis subject to and upon receipt and approval of a complete bi•imonthly activity report from SUBRECIPIENT, 2 with the final payment subject to the satisfaction of the condition precedent of submittal of complete reporting information, as hereinafter more fully set forth. SUBRECIPIENT shall be obligated to perform such duties as would normally extend beyond the term, including, but not limited to, obligations with respect to indemnification, audits, reporting, data retentiontreporting, and accounting. Failure to provide any of the required documentation and reporting will cause CITY to withhold all or a portion of a request for reimbursement, or return the entire reimbursement package to SUBRECIPIENT. until such documentation and reporting has been received and approved by CITY. The CITY reserves the right to reduce the amount ofCDBG-CV FUNDS to SUBRECIPIENT, or to completely terminate this Agreement, in the CITY's sole discretion, if there is a reduction in CDBG-CV FUNDS provided to the CITY. The CITY reserves the right to reduce the grant application if the CITY's fiscal monitoring indicates that SUBRECIPIENT's rate of expenditure will result in unspent funds at the end of the program years. Amendments in the grant allocation will be made after consultation with SUBRECIPIENT. C. Use of Funds. SUBRECIPIENT agrees to use all federal finds provided by CITY to SUBRECIPIENT pursuant to this Agreement to operate said program. as set rorth in Exhibit A, attached hereto and by this reference incorporated herein. SUBRECIPIENT'S failure to perform as required may, in addition to other remedies set forth in this Agreement. result in readjustment of the amount of finds CITY is otherwise obligated to pay to SUBRECIPIENT hereunder. D. Allowable Costs. SUBRECIPIENT agrees to complete said program within the term of this Agreement, and to use said funds to pay for necessary and reasonable costs allowable under the federal laac and regulations to operate said program. Said amounts shall include, but not be limited to, wages, administrative costs, and employee benefits comparable to other similarly situated employees, and indirect costs. Other allowable program costs are detailed in the budget. as set forth in Exhibit B. attached hereto and by this reference incorporated herein. SUBRECIPIENT shall use all income recciwd from said funds only for the same purposes for which said funds niav be expended pursuant to the tents and conditions of this Agreement. SUBRECIPIENT has the ability to adjust line item amounts in the budget with the written approval of the CITY's Executive Director orthe Community Development Agency, or designee, so long as the total budget amount does not increase. Pursuant to 2 CPR §200.331(a)(4), the Indirect Cost Rate for the SUBRECIPIENT's award shall be an approved federally recognized indirect cost rate negotiated bemeen the SUBRECIPIENT and the Federal government, or, if no such rate exists, the de minimis indirect cost rate as defined in 2 CFR §200.414(b) Indirect (F&A) costs. For this Agreement, the de minimis indirect cost rate of 10% will apph. E. Licensing. SUBRECIPIENT agrees to obtain and maintain all required licenses, registrations, accreditation and inspections from all agencies goveming its operations. SUBRECIPIENT shall ensure that its staff shall also obtain and maintain all required licenses. registrations. accreditation and inspections from all agencies governing SUBRECIPIENT's operations hereunder. Such licensing requirements include obtaining a City business license, as applicable. F. Zoning. SUBRECIPIENT agrees that any facility/property used in furtherance of said program shall be specifically zoned and permitted for such use(s) and activity(ies). Should SUBRECIPIENT fail to have the required land entitlement and/or permits, thus violating any local, state or federal rules and regulations relating thereto, SUBRECIPIENT shall immediately make good -faith efforts to gain compliance with local, state or federal riles and regulations following written notification of said violation(s) from the CITY or other authorized citing agency. SUBRECIPIENT shall notify CITY immediately of any pending violations. Failure to notify CITY of pending violations. or to remedy such known violation(s) shall result in termination of grant funding hereunder. SUBRECIPIENT must make all corrections required to bring the facility/property into compliance with the law w ithin sixty (60) days of notification of the violation(s); failure to gain compliance within such time shalt result in termination of grant finding hereunder. G. Scoa[ation ofA€counts. All Rands received by SUBRECIPIENT from CITY pursuant to this Agreement shall be maintained in an account in a federal]) insured banking or sasings and loan institution with record keeping of such accounts maintained pursuant to applicable 2 CFR 200.302 requirements. SUBRECIPIENT is not required to maintain separate depositor) accounts for CDBG-CV FUNDS; provided however, the SUBRECIPIENT must be able to account for receipt, obligation and expenditure of CDBG-CV FUNDS pursuant to applicable 2 CFR 200.302 requirements. H. AtIit Report Re uuir€ments. SUBRECIPIENT agrees that if SUBRECIPIENT expends Seven Hundred Fitly Thousand Dollars ($750,000) or more in federal funds. SUBRECIPIENT shall have an annual audit conducted by a certified public accountant in accordance with the standards as set forth and published by the United States Office of Management and Budget. SUBRECIPIENT shall provide CITY with a copy of said audit by April I of the year following the program )car in which this Agreement is executed. I. Record Keepin&ReDgnina. SUBRECIPIENT shall keep and maintain complete and adequate records and reports on program participants to determine their initial and continuing eligibility for the program services being provided to assist CITY in meeting and maintaining its record keeping responsibilities under the CDBG BEGS, including the following: (I) Records a. Documentation evidencing program income requirennents in conformity with 24 CFR 570.504(bx2)(i), (0) and 24 CFR 570.503(b)(3) and 24 CFR 570 208(a)(2)(B) of the income level of persons and/or families participating in or benefiting by the SUBRECIPIENT program. b. Documentation of the number of persons and/or families participating in or benefiting by the SUBRECIPIENT program. c. Household information shall include number of persons, identification of head of household, race/ethnicity, and income verification oral] household members ages 18 and over. d. Documentation ofall CDBG-CV FUNDS received from CITY, e. Documentation of expenses as identified in the Budget Proposal, including evidence of incurring the expense, invoices for goods or services, copies of any and all contracts or documentation pertaining to costs for subcontractors, plus all other invoices and proof of payment for which CDBG-CV FUNDS were expended, and any payments therefor. f. Any such other related records as CITY shall reasonably require or as required to be maintained pursuant to the CDBG BEGS. (2) Rel2orts a. Payment Request. Concurrently with the submittal of each report. SUBRECIPIENT shall submit both: an original invoice/request for reimbursement and true copies of invoices, receipts, canceled checks. bank statements, credit card statements, procurement documentation for goods or services, timesheets, payroll records. benefit statements. agreements, contracts or documentation pertaining to costs for subcontractors, and/or other documentation supporting and evidencing hove the CDBG-CV FUNDS hoc been expended during the applicable tern. b. Progress Reports. SUBRECIPIENT agrees to keep records of all ethnic and racial statistics of persons and families benefited by SUBRECIPIENT In the performance of its obligations under this Agreement. including, but not limited to, the number of low and moderate income persons and households assisted in accordance with federal income limits, the number of female heads of households assisted. new program information and year-to-date program statistics on expenditures, caseload and activities. Failure to provide any of the required documentation and reporting will cause CITY to withhold all or a portion of a request for reimbursement, or return the entire reimbursement package to SUBRECIPIENT, until such documentation and reporting has been received and approved by CITY. J. Access to Records. CITY and the United States Government and their representatives or auditors shall have access for purposes of monitoring. auditing, and examining SUBRECIPIENT's activities and performance, to books, documents and papers, and the right to examine records of SUBRECIPIENT's subcontractors, bookkeepers and accountants. employees and participants in regard to said program. CITY and the United States Government and their representatives or auditors shall also schedule on -site monitoring at their discretion. Monitoring activities may also include, but are not limited to, questioning employees and participants in said program and entering an% premises or any site in which any of the services or activities funded hereunder is conducted or in Which any of the records of SUBRECIPIENT are kept. Nothing herein shall be construed to require access to any privileged or confidential information as set forth in federal or state law. K. Location of Records/Required Length of Record Seeping, All accounting records. reports. and evidence pertaining to all costs, expenses and the CDBG-CV FUNDS of SUBRECIPIENT and all documents related to this Agreement shall be maintained and kept available at SUBRECIPIENT'S office or place of business for the duration of the Agreement and thereafter for five (5) years from the date of final payment under this Agreement. Records which relate to: (a) complaints. claims, administrative proceedings or litigation arising out of the performance or this Agreement: or, (b) costs and expenses of this Agreement to which CITY or any other governmental agency takes exception, shall be retained beyond the five (5) years until complete resolution or disposition of such appeals, litigation claims, or exceptions. In the event SUBRECIPIENT does not make the above.referenced documents available within the city of Santa Ana. California, SUBRECIPIENT agrees to pay all necessary and reasonable expenses incurred by CITY in conducting any audit at the location where said records and books of account are maintained. L. Compliance vv),tb Law/Program Income. SUBRECIPIENT acknowledges that the funds being provided by CITY for said program are received by CITY pursuant to the CARES Act and the ACT, as amended, and that expenditures of these finds shall be in accordance with the CARES Act, the ACT, and all pertinent regulations issued by agencies of the federal government, including, but not limited to, all regulations found at Title 24 of the Code of Federal Regulations. Program income received by SUBRECIPIENT shall be returned to CITY, unless otherwise provided for in this Agreement. SUBRECIPIENT agrees to comply fully with all federal, state and local laves and court orders applicable to its operation whether or not referred to in this Agreement. 5 M. Debarment. To protect the public interest and ensure the integrity of Federal programs, CITY may only conduct business with responsible persons and may not make any award or permit any award to any party which is debarred or suspended or is otherwise excluded from or ineligible for participation in Federal assistance programs under Executive Order 12549, "Debarment and Suspension". See also 24 CPR 570.609. SUBRECIPIENT must review and sign Exhibit C "Debarment", which is attached hereto and incorporated herein by this reference. SUBRECIPIENT shall be in good standing, without suspension by the California Secretary of State, Franchise Tax Board or Internal Revenue Service. Any change in the corporate status or suspension of SUBRECIPIENT shall be reported immediately to CITY. N. Confidentiality. Without prejudice to any other provisions of this Agreement, SUBRECIPIENT shall. where applicable, maintain the confidential nature of information provided to it concerning participants in accordance with the requirement, of federal and state law. However. SUBRECIPIENT shall submit to CITY and or HUD or its representatives. all records requested, including audit, examinations, monitoring and verifications of reports submitted by SUBRECIPIENT, costs incurred and services rendered hereunder. O. I.ndcrpendent Contractor. SUBRECIPIENT agrees that the performance of obligations hereunder is rendered in its capacity as an independent contractor and that it is in no way an agent of CITY. P. Violatiop of Terms and Conditions. SUBRECIPIENT agrees that if SUBRECIPIENT violates any of the terms and conditions of this Agreement or any prior Agreement whereby CDBG-CV funds were received by SUBRECIPIENT. or if SUBRECIPIENT reports inaccurately. or if on audit there is a disallowance of certain expenditures. SUBRECIPIENT agrees to remedy the acts or omissions causing the disallowance and repay CITY all amounts spent in violation thereof. If SUBRECIPIENT engaged in fraudulent activity to obtain and/or justify expenditure of the CDBG-CV funds granted hereunder, SUBRECIPIENT shall be required to reimburse the CITY oral[ such finds that were obtained and/or spent under fraudulent circumstances. Q. Egui ment. SUBRECIPIENT agrees to maintain a record for each item of non -expendable personal property acquired under the terms of this Agreement. Said record shall be made available to CITY upon request. The term "non -expendable personal property' shall include leased and purchased equipment. R. Prohibhed Use. SUBRECIPIENT hereby certifies and agrees that it will not use funds provided through this Agreement to pay for entertainment, meats or gifts, or other prohibited uses. S. Lo bvin . SUBRECIPIENT certifies that it will comply with federal law (31 U.S.C. 1352) and regulations found at 24 CPR Part 87. which provide that no appropriated finds may be expended by the recipient of a federal contract, grant, loan or cooperative agreement to pay any person for influencing or attempting to influence an officer or employee of any agency. Member of Congress, or an officer or employee of a Member of Congress in connection with awarding of any federal contract, the making of any federal grant or loan, entering into any cooperative agreement and the extension, renewal, amendment or modification of any federal contract, grant. loan or cooperative agreement. SUBRECIPIENT shall sign a certification to that effect in a form as set forth in Exhibit D, attached hereto and by this reference incorporated herein. SUBRECIPIENT shall submit said signed certification to CITY prior to performing any of its obligations tinder this Agreement and prior to any obligation arising on the part of CITY to pay any sums to SUBRECIPIENT under the terns and conditions of this Agreement, If any finds other than Federal appropriated finds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress. or an employee of a ;Member of Congress in connection with this Federal contract, grant, loan. or cooperative agreement, the undersigned shall complete and submit a "Disclosure Form to Report Lobbying," in accordance with its instructions (Exhibit D). SUBRECIPIENT shall require that the language of this certification be included in the award documents for all sub -awards at all tiers (including subcontractors. Sub -grants, and contracts tinder grants. loans, and cooperative agreements), and agrees to Sake all actions necessan to ensure that all subrecipients shall similarly certify and disclose accordingly. T. Financial Interest. SUBRECIPIENT agrees that except for the use of CDBG-CV funds to pay salaries and other related administrative or personnel costs, no persons who exercise or have exercised any function with respect to CDBG-CV activities assisted Linder the terms of this Agreement. or who are in a position to participate in a decision -making process or gain inside information with regard to such activities, may obtain a financial interest or benellt from a CDBG-assisted activity of SUBRECIPIENT, either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter. This prohibition applies to any person who is an employee, agent. consultant, officer, or elected or appointed official of CITY. or of any designated public agency, or the SUBRECIPIENT, U. Labor Standards The SUBRECIPIENT agrees to comply with the requirements of the Secretary of Labor in accordance with the Davis -Bacon Act as intended, the provisions of Contract Work Hours and Safety Standards Act (40 U.S.C. 327 et seq.) and all other applicable Federal, state and local laws and regulations pertaining to labor standards insotar as those acts apply to the performance of this Agreement. The SUBRECIPIENT agrees to compy with the Copeland Anti -Kick Back Act (18 U.S.C. 874 et seq.) and its implementing regulations of the U.S. Department of Labor at 29 CFR Part 3. The SUBRECIPIENT shall maintain documentation that demonstrates compliance with hour and wake requirements of this part. Such documentation shall be nnadc available to the CITY for review upon request. SUBRECIPIENT agrees that. except with respect to the rehabilitation or construction of residential property containing less than eight (8) units, all contractors engaged under contracts in excess of $2,000.00 for construction, renovation or repair wort, financed in whole or in part with assistance provided under this contract, shall comply with Federal requirements adopted by the CITY pertaining to such contracts and with the applicable requirements of the regulations of the Department of Labor, under 29 CFR Parts I. 3, 3 and 7 governing the pay merit of wages and ratio of apprentices and trainees to journey workers; provided that, if wage rates higher than those required under the regulations are imposed by state or local law, nothing hereunder is intended to relieve the SUBRECIPIENT of its obligation, if any, to require payment of the higher wage. The SUBRECIPIENT shall cause or require to be inserted in full, in all such contracts subject to such regulations, provisions meeting the requirements of this paragraph. V. Section 3 of the Housingand Urban Development Act of 1968. SUBRECIPIENT will make every effort to provide training opportunities for row -and moderate -income persons residing within the community where the construction project is located and contracts awarded to local businesses therein to the greatest extent feasible as required under the provisions of Section 3 of the Housing and Urban Development Act of 1968, the regulations set forth in 24 CFR 133, and all applicable rules and orders issued hereunder prior to the execution of this Agreement. Compliance w ith the foregoing requirements shall be a condition of the federal financial assistance provided under this Agreement and binding on the SUBRECIPIENT. Failure to fulfill these requirements shall subject the SUBRECIPIENT. its successors and designees, to those sanctions specified by the Agreement through which federal assistance is provided. The SUBRECIPIENT certifies and agrees that no contractual or other disability exists which would prevent compliance with these requirements. SUBRECIPIENT shall make every effort to ensure that all projects funded wholly or in part by CDBG-CV Funds shall provide equal employ ment opportunities for minorities and women W. Drug Free Workplace. SUBRECIPIENT agrees to provide a drat; -free workplace and to execute a certification as set forth in Exhibit E attached hereto and incorporated herein by this reference. X. Uniform Administrative Reouircnaents Cost J'rinciples and Audit Requirements for Federal 6%virds. The following requirements and standards must be complied with: 2 CFR Part 200 et al. SUBRECIPIENT shall procure all materials, property. or services in accordance pith the r€quirernents of 2 CFR 200.318.326. Y. Sub art K of24 CFR 570. SUBRECIPIENT will carry out its activities in compliance with the requirements of Subpart K of 24 CFR 370, However. SUBRECIPIENT does not assume the CITY's environmental responsibilities or the responsibility for initiating the environmental review process under 24 CFR Part $2. Z. Women- and Minority-Owr)ed Businesses (W/MBE)SUBRECIPIENT will use its best efforts to afford small businesses, minority business enterprises, and women's business enterprises the maximum practicable opportunity to participate in the performance of this Agreement in accordance with the requirements of 2 CFR 200.321 "Contracting with small and minority businesses, women's business enterprises, and labor surplus area firms". As used in this Agreement, the term "small business" means a business that meets the criteria set forth in section 3(a) of the Small Business Act. as amended (15 U.S.C. 632), and "minority and women's business enterprise" means a business at least lifty,one percent (51 %) owned and controlled by minority ;croup members or women. For the purpose or this definition. "minority group members" are African -Americans. Spanish-speaking. Spanish surnamed or Spanish - heritage Americans. Asian -Americans. and American Indians. SUBRECIPIENT may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation. H. CITY'S OBLIGATIONS A. Pgyittent of Funds. On April 2, 2020. the CITY received notice of an award of $3,374,017 in CDBG-CV funds from HUD in response to the COVID-19 pandemic. Subject to the terms or this Agreement, CITY agrees to pay to SUBRECIPIENT when, if and to the extent federal funds are received a sum not to exceed One -Hundred Fourteen Thousand Dollars ($II400000) for SUBRECIPIENT'S performance in accordance with the Budget attached hereto as Exhibit B during the tern of this Agreement. Payments shall be made to SUBRECIPIENT through the submission of invoices/rcimburs€ment requests. CITY shallpay such invoices/reititbursement requests within thirty (30) days after receipt thereof provided CITY is satisfied that such expenses have been incurred and doeumcnted within the scope and provisions of this Agreement and that SUBRECIPIENT is in compliance with the terms and conditions of this Agreement. Failure to provide any of the required documentation and reporting will cause CITY to withhold all or a portion of a request for reimbutsentent. or return the entire reimbursement package to SUBRECIPIENT, until such documentation and reporting has been received and approved by CITY. Documentation may include. but is not limited to, true copies of invoices. receipts, canceled checks, bank statements, credit card statements, procurement documentation for goods or sen ices. timesheets. payroll records, benefit statements, agreements, contracts or documentation pertaining to costs for subcontractors, and/or other documentation supporting and evidencing how the CDBG-CV FUNDS have been expended during the applicable tern. B. Audit of Account. CITY shall include an audit of the account maintained by SUBRECIPIENT in CITY's audit ofall CDBG-CV FUNDS in accordance with Title 24 of the Code of Federal Regulations and other applicable federal laws and regulations. C. Common Rule: pursuant to 2 CFR 200.,28(a). the CITY manages the day-to-day operations of each grant and subgmnt supported activities. CITY start has detailed knowledge of the grant program requirements and monitors grant and subgant supported activities to assuit compliance with Federal requirements. Such monitoring covers each program, function and activity and performance goals are reviewed periodically. D. Environmental Review: In accordance with 24 CPR 58. the CITY is responsible for undertaking environmental review and maintaining environmental review records for each applicable project. E. Pnrfgunance Monitorinn: CITY shall monitor the performance of SUBRECIPIENT against goals and performance standards required herein. The SUBRECIPIENT shall be responsible to accomplish the levels of performance as set forth in Exhibit A and report such measures to the CITY. If the SUBRECIPIENT estimates such goals will not be met. the SUBRECIPIENT is to contact the CITY, at which time the CITY will determine if any adjustments to the grant award is appropriate. Substandard performance as determined by the CITY vt ill constitute non-compliance tv ith this Agreement. Should the CITY determine that the SUBRECIPIENT has not performed its obligations as stated in this contract in a satisfactory manner, or if the CITY determines that insufficient supporting information has been submitted, the CITY shall notify the SUBRECIPIENT in writing of its determination specifying in full detail the objections that it has to the SUBRECIPIENT's performance. If action to correct such substandard performance is not taken by the SUBRECIPIENT after being notified by the CITY, within a reasonable period of time as stipulated in the written notification, contract suspension or termination procedures wit] be initiated. III. NONDISCRIMINATION A. SUBRECIPIENT agrees to comply with Executive Order 11246. which requires that during the performance of this Agreement. SUBRECIPIENT agrees not to discriminate against any employee or applicant for employment because of race. religion, sex. color or national origin. Such action shall include, but not be limited to the following: employment, upgrading. demotion. or transfer, rates of pay or other fonts of compensation, and selection for training. including apprenticeship SUBRECIPIENT agrees to post in conspicuous places. available to ernployces and applicants for employ mcnt. notices to be provided by the SUBRECIPIENT setting forth the provisions ofthis nondiscrimination clause. B. SUBRECIPIENT agrees to comply with Title VI ofthe Civil Rights Act of 1964. which indicates that no person shall, on the ground of race. color or national origin, be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program of activity receiving federal financial assistance. C. No person shall, on the grounds of race, sex. creed, color, religion, marital status, national origin, age, sexual orientation, or physical or mental handicap be excluded from participation in, be refused the benefits of, or otherwise be subject to discrimination in any activities, programs or employment supported by this Agreement. SUBRECIPIENT is prohibited from discrimination on the basis of age or with respect to an otherwise qualified handicapped person as provided for tinder Section 109 of the Housing and Community Development Act of 1974, as amended. D. SUBRECIPIENT agrees to comply with the Age Discrimination Act of 1975, which requires that during the performance of this Agreement, SUBRECIPIENT agrees not to discriminate against any employee or applicant for employment because of age. Such action shall include, but not be limited to the following: employment upgrading, demotion, or transfer, rates of pay or other forms of compensation, and selection for training. including apprenticeship. SUBRECIPIENT agrees to post in conspicuous places, available to employees and applicants for employment. notices to be pro% ided by the SUBRECIPIENT setting forth the provisions of this age discrimination clause. E. SUBRECIPIENT agrees to comply with Section 504 of the Rehabilitation Act of 1973, which requires that no otherwise qualified individual with a disability in the United States, shall, solely by reason of his or her disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance or under any program or activity conducted by any executive agency or by the United States Postal Sersice. IV. CONFLICT OF INTEREST Pursuant to the conflict of interest requirements set forth in 24 CFR 570.611 and 2 CFR 200,112, SUBRECIPIENT certifies that no member. officer. employee, agent or assignee of CITY having direct or indirect control orally CDBG monies granted to the CITY, inclusive of the subject CDBG•CV FUNDS, shall serve as an officer of SUBRECIPIENT, Further, any conflict or potential conflict of interest of any officer of SUBRECIPIENT shall be fully disclosed in n riting prior to the execution of this Agreement and said writing shall be attached and deemed filly incorporated as a part hereof. Notice shall be sent by SUBRECIPIENT to CITY regarding any changes or modifications to its board ofdirectors and list ofoflicers. V. SPECIAL CERTIFICATION FOR RELIGIOUS ENTITIFS IF SUBRECIPIENT is a religious entih. SUBRECIPIENT hereby agrees that in connection with the provision of the services SUBRECIPIENT shall provide w ith CDBG-CV finds, in accordance with 24 CFR 570.2000): A. SUBRECIPIENT shall not discriminate against any employee or applicant for employment on the basis of religion and shall not limit employment or give preference in employment to persons on the basis of religion. B. SUBRECIPIENT shall not discriminate against anv person applying for the services SUBRECIPIENT agrees to provide under the terms of this Agreement on the basis of religion and shall not limit such services or give preference to applicants for such services on the basis of religion. C. SUBRECIPIENT shall NOT provide religious instruction or counseling, conduct any religious worship or services, or engage in any religious proselytizing, or exert any religious influence in the provision of the services in said program. The parties agree that this covenant is intended to and shall be construed for the limited purpose of assuring compliance with respect to the use of CITY funds by SUBRECIPIENT with applicable constitutional limitations respecting the establishment of religion as set forth in the establishment clause under the First Amendment of the United States Constitution and Article I. Section 4 of the California Constitution, and is not in any manner intended to restrict other activities of SUBRECIPIENT. D. The portion of a facility used to provide public services assisted in whole or in part under this Agreement shall contain no sectarian or religious symbols. E. Where the services to be provided under said program are rendered on property owned by the primarily religious entity SUBRECIPIENT, CDBG-CV funds may also be used for minor repairs to such m property, which are directly related to the cost of rendering the sery ices under said program, where the cost constitutes in dollar terms only an incidental portion of the CDBG-CV expenditure for rendering the services under said program. VI. PROHIBITION OFNEPOTISVI SUBRECIPIENT agrees not to hire or permit the hiring or any person to fill a position funded through this Agreement if a member of that person's immediate family is employed in an administrative capacity by SUBRECIPIENT. For the purposes of this section, the term "immediate family" means spouse. child, mother, father, brother, sister, brother-in-law sister-in-law, thther-in-law, mother-in-law, son-in-law, daughter-in-law, aunt, uncle, niece, nephew, stepparent and stepchild. The term "administrative capacity" means having selection. hiring. supervisor or management responsibilities. VII. NOTICES Notices to the parties shall, unless otherwise requested in writing. be sent by U.S. Mail, postage prepaid. and addressed as follows: TO CITY: City of Santa Amu Community Development Agency (M-25) 20 Civic Center Plana P.O. Box 1988 Santa Ana. California 92702-1988 TO SUBRECIPIENT: deals on Mbeeh Orange County (Formerly SeniorSem 1 Main: (714) 823-3294 - Direct (71 a) 229-33721 FAX: (714) 821.0197 1172 knollv.00d Circle. Anaheim. CA 92801 VIII. ASSIGNABILITY None of the duties of, or work to be performed by. SUBRECIPIENT under this Agreement shall be subcontracted or assigned to any agency, consultant, or person without the prior written consent of CITY. SUBRECIPIENT must submit all subcontracts and other agreements that relate to this Agreement to CITY. No subcontract or assignment shall terminate or alter the le,al obligations of SUBRECIPIENT pursuant to this Agreement. IX, MOLD HARMLESS SUBRECIPIENT shall indemnify, defend and save harmless CITY, its officers. employees, agents. representatives and volunteers from and against any and all damages to or for loss of use of property and for injuries to or death of any person or persons, including property and employees or agents of CITY, and shall defend. Indemnify and save harmless CITY, its officers, employees, agents, representatives and volunteers from and against any and all claims, demands, suits, actions or proceedings of any kind or nature, including, but not by way of limitation, workers compensation claims and including attorney fees and reasonable expenses for litigation or settlement, resulting from or arising out of the negligent or wrongful acts, errors or omissions of SUBRECIPIENT, its officers, directors. employees, agents, subcontractors and suppliers arising out of SUBRECIPIENT's performance of this Agreement. X.INSURANCE I. Commercial General Uabili),NSUBRECIPIENT agrees to obtain and keep in force during the term of this Agreement a policy of comprehensive commercial public liability insurance insuring the CITY. and SUBRECIPIENT against any liability for accident, injury or death arising out of or in consequence of this Agreement. Such insurance shall be in an amount not less than One Million Dollars ($1.000,000.00) for any injury to or death of any person or persons in any single accident or occurrence. Said policy of comprehensive liability insurance shall be endorsed to provide to CITY at least thirty (30) days written notice prior to cancellation; name CITY. its officers, agents, employees, and volunteers, additional insured: and state that such coverage is primary to any other coverage or self= insurance and CITY. Governmental entities may provide proof of self-insurance. (a) Such insurance shall: (I ) name the City of Santa Ana. its officers. agents, representatives, employees and volunteers as additional insured's; (2) be primary with respect to insurance or self -Insurance programs maintained by the CITY: (3) contain standard separation of insured's provisions; and (4) give to CITY prompt and timely notice of claim made or suit instituted arising out of SUBRECIPIENT's operations hereunder. (b) SUBRECIPIENT shall: (1) prior to exercising any right under this Agreement. furnish properly executed certificates of insurance and additional insured endorsement to the CITY which shall clearly evidence all coverages required abo%c: (2) provide that such insurance shall not be materially changed or terminated except on 30 days prior written notice to the CITY; (3) maintain such insurance for the period covered by this Agreement: and (4) replace such certificates for policies expiring prior to the expiration of this Agreement 2. Automobile LiabilitE Cmora�x. SUBRECIPIENT shall also obtain and maintain, during the effective period of this Agreement, broad form automobile liability coverage with a $1.000.000 limit unless reduced by CITY, which applies to both owncd-lcased and non -owned automobiles used by SUBRECIPIENT employees or participants in performance of this Agreement. or, in the event that SUBRECIPIENT will not utilize such owned/leased automobiles but intends to require employees, participants or other agents to utilize their own automobiles in the performance of this Agreement, SUBRECIPIENT shall secure and maintain on file from all such employees. participants, or agents as self -certification of automobile insurance coverage. Governmental entities may provide proof of self. insurance. 3. Workers' Compensation, If SUBRECIPIENT is an "employer", as set forth in California Labor Code Section 3300 et seq., or utilizes participants as "employees," as set forth in California Labor Code Section 3350 et seq., SUBRECIPIENT shall obtain and keep in force during the term of this Agreement full Workers' Compensation insurance coverage for injuries suffered by participants. Said insurance policy shall guarantee CITY at least thirty (30) days written notice of cancellation or modi f ication. 4 Equipment Coverage, SUBRECIPIENT shall purchase a policy or policies of insurance covering toss or damage to any and all Equipment provided to or purchased by SUBRECIPIENT in accordance with this Agreement. Said insurance shall be in the amount of the full replacement value thereof, providing protection against the classification of fire, extended coverage, vandalism, malicious mischief, theft, and special extended perils. Governmental entities may substitute a certificate of self- insurance. 5. Proof of Insurance. Certificates and endorsements must be submitted and approved by CITY prior to any work under this Agreement. SUBRECIPIENT understands that CITY will make no 12 payments under this Agreement until the required certificates and endorsements have been approved by CITY. X1. REVERSION Of ASSETS A. Upon the expiration of this Agreement. SUBRECIPIENT shall transfer to CITY any CDBG-CV finds on hand at the time of the expiration of this Agreement as well as any accounts receivable attributable to the use ofCDBG•CV funds. [24 CFR 570.503(b)(7)] B. Any real property under SUBRECIPIENT's control that was acquired or improved in whole or in part with CDBG-C V funds in excess of $25.000.00 must either be: 1. Used, where CITY has ghen written approval. to meet one of the national objectives stated in 24 CFR 570,208 until five (5) years after expiration of this Agreement, or for such longer period of time as determined to be appropriate b) CITY: or 2. If not used in accordance with subparagraph I above. SUBRECIPIENT shall pay to CITY an amount equal to the current fair market value of the property less any portion of the value attributable to the expenditure of non-CDBG Binds for acquisition of. or improvement to. the property. Such payment is program income to CITY. C, Subject to the obligations set forth herein, title to equipment acquired tinder the terms of this Agreement will vest upon acquisition in SUBRECIPIENT. When said equipment which has been acquired in accordance with this Agreement and all applicable regulations is no longer needed for said program. disposition ofsaid equipment will be made as follows: I. Items of equipment with a current per unit fair market value of less than $5,000.00 may be retained, sold or otherwise disposed of with no further obligation to CITY. 2. Items of equipment with a current fitir market per unit value of $5.000.00 or more may be retained or sold and CITY shall have the right to an amount calculated by multiplying the current market Value or proceeds from the sale by CITY's share of federal funds used to acquire the equipment, in accordance w ith 2 CFR 200313(e)(2). D. SUBRECIPIENT hereby agrees, upon the demand of CITY, to execute, acknowledge and deliver, or cause any person or entity who may have anv claim to rights hereunder or under any document. instrument or agreement executed in furtherance of the seta ices and activities to be performed hereunder, to execute, acknowledge and deliver, to CITY assignment(s). quit claim deed(s) or such other and further instruments, documents and agreements as tray be necessary, in the sole and absolute discretion of CITY, to vest in CITY all of SUBRECIPIENT's right, title and interest (if any it may have) in and to CITY, CDBG- CV or other federal, state and/or local accounts or program funds or allocation of funds to which CITY is or may be entitled, either for its own account or as fiduciary or trustee for others. which were obtained for the purpose of the perfonmance of this Agreement or any previous agreements relating to the same subject matter or activities as this Agreement, together with any instruments. loans, grants or advances by SUBRECIPIENT on behalf of CITY, in furtherance of the activities hereunder or thereof, SUBRECIPIENT's obligations and responsibilities set forth in this paragraph "XI. REVERSION OF ASSETS.' and in paragraph "XII. TERMINAIIQN" and other requirements pertaining to program income shall not be atTeeted by the termination of this Agreement and shall survive the date of termination of this Agreement for such period of time as CITY and/or HUD deems necessary for the responsibilities, duties and obligations to be performed and completed to the satisfaction of CITY and HUD. 13 X11. TERMINATION A. This Agreement may be terminated on thirty (10) days' written notice by either party. In the event of such termination. SUBRECIPIENT shall only be entitled to reimbursement for approved expenses incurred to the effective date of termination. B, This Agreement may be suspended or terminated by CITY upon five (5) days' written notice for violation by SUBRECIPIENT of Federal Lags governing the use orCDBG-CV Funds. In the event Of Such suspension or termination, SUBRECIPIENT shall only be entitled to reimbursement for approved expenses incurred up to the effective date of suspension or termination. C. Pursuant to 2 CFR 200.340. in the event SUBRECIPIENT defaults by tailing to fulfill all or any of its obligations hereunder. CITY may declare a default and termination of this Agreement by written notice to SUBRECIPIENT, which default and termination shall be effective on a date stated in the notice which is to be not less than ten (10) days after certified mailing or personal service of such notice, unless such default is cured before the effective date of termination stated in such notice. It terminated for cause, CITY shall be relieved of further liability or responsibility under this Agreement, or as a result of the termination thereof. including the payment of money. except for payment for approved expenses incurred for services satisfactorily and timely pertormed prior to the mailing or service of the notice ortermination, and except for reimbursement of, (I)any payments made for services not subsequently performed in a timely and satistactory manner; and. (2) costs incurred by CITY in obtaining substitute performance. D. The grant of funds tinder this Agreement min be terminated for convenience by either the CITY or SUBRECIPIENT, in whole or In part. by setting torn the reasons for such termination, the effective date. and, in the case of portion termination, their portion to be terminated. Howe%cr, if in the case of a partial termination, the CITY determines that the remaining portion of the award w ill not accomplish the purpose for which the award was made, the CITY may terminate the award In its entireq. E. The grant of funds under this Agreement may be terminated due to the non-performance of SUBRECIPIENT and/or failure of SUBRECIPENT to perform the work described in Exhibits A and B or failure to meet the performance standards and program goals set forth therein. R The grant of finds under this Agreement may be terminated due to the failure of the CITY to receive sufficient or anticipated funding from HUD for the CDBG-CV program for any tern subject to this Agreement, G. In the event this Agreement is terminated as set forth in subparagraphs XII.A. through XILF., inclusive, SUBRECIPIENT agrees to immediately return to CITY upon CITY's demand and prior to any adjudication of SUBRECIPIENT's rights, any and all finds not used. and to comply with paragraph "XI. REVERSION OF ASSETS" ofthis Agreement. XI11. LIMITATION OF FUNDS The United States of America. through HUD, may in the future place programmatic or fiscal limitations on the use of CDBG-CV funds, which limitations are not presently anticipated. Accordingly. CITY reserves the right to revise this Agreement in order to take account of actions affecting HUD program funding. in the event of finding reduction, CITY may, in its sole and absolute discretion, reduce the budget of this Agreement as a whole or as to costs category, may limit the rate of SUBRECIPIENT's authority to commit and spend finds, or may restrict SUBRECIPIENT's use of both its uncommitted and its unspent funds. Where HUD has directed or requested CITY to implement a reduction in funding, in whole or as to a 14 cost category, with respect to funding for this Agreement, CITY's City Manager or delegate is authorized to act for CITY in implementing and effecting such a reduction and in revising. modifying, or amending the Agreement for such purposes. If such a reduction in funding occurs, SUBRECIPIENT shall be pen'nitted to de -scope accordingly. Where CITY has reasonable grounds to question SUBRECIPIENT's fiscal accountability, financial soundness, or compliance with this Agreement. CITY may suspend the operation of this Agreement for up to sixty (60) day s upon five (5) di* s written notice to SUBRECIPIENT of its intention to so act. pending an audit or other resolution Of Such questions. In no event. however, shall any revisions made by CITY aftect expenditures and legally binding commitments made by SUBRECIPIENT before it received notice of such revision. provided that Such amounts have been committed in good faith and are otherwise allowable and that such commitments are consistent with FIUD cash withdrawal guidelines. XIV, EXCLUSIVITY AND AMENDMENT OF AGREEMENT This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the use of CITY's CDBG-CV funds by SUBRECIPIENT and contains all the covenants and agreements between the parties w ith respect to such employ ment 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 or any party. which are not embodied Herein, and that no other agreement or amendment hereto shall be enective unless executed in writing and signed by both CITY and SUBRECIPIENT. XV. LAWSGOVERNINGTHIS 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. 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 end 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 terns and conditions of the Federal award: 3. SUBRECIPIENT must promptly refund an, balances of unobligated cash that the CITY paid in advance or paid and that is not authorized to be retained by SUBRECIPIENT for use in other projects (See OMB Circular A-129 and 2 CFR §200.345): 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, Is 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. XVIL VALIDITY AND SEVERARILITY The invalidity in whole or in part of any provision or this Agreement shall not vold or affect the validity or any other provision of this Agreement Whenevcr possible. each provision of this AGREEMENT shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this AGREEMENT is held to be prohibited by or invalid under applicable law. such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder orsuch provisions of this AGREEMENT. XVIu, WAIVER No delay or omission by either party hereto to exercise any right or power accruing upon any noncompliance or default by the other party with respect to any of the terms of this Agreement shall impair any such right or power or be construed to be a waiver thereof. A waiver by either or the parties hereto or 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 anv other covenant, condition or agreement herein contained. XIX. FEDERAL REQUIREMENTS FEMA €mancial assistance will be used to fund all or a portion of this contract. SUBRECIPIENT shall comply with all federal requirements including, but not limited to, the following: I. 2 C.F.R. Part 200 — Uniform Administrative Requirements. Cost Principles, and Audit Requirements for Federal Awards. which is expressly incorporated herein by reference. 2. Federal Contract Provisions attached hereto as Exhibit F and incorporated herein by reference. Subcontracts, if any, shall contain a provision making them subject to all of the provisions stipulated in the contract. including but not limited to. 2 C.F.R. Part 200 and the Federal Contract Provisions. With respect to any conflict between such federal requirements and the terms of this Agreement and/or the provisions of state lase and except as otherwise required under federal law or regulation, the more stringent requirement shall control. XX. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the teens of this Agreement, and shall indemnify CITY fully, including reasonable costs and attorney's fees, for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits and Attachments referenced herein and attached hereto shall be incorporated as if filly set forth in the body of this Agreement. 16 ;,Sia,�tttnures ntr.JollnuGtg pgl'�i 17 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the last date and year written below. ATTEST: CITY OF SANTA ANA DAISY GOME1. k ISTGE Clerk of the Council City Manager APPROVED AS TO FORM: SONIA R. CARVALHO City Attomey 14�� By: 'n(Ai O. HODGE Am s nt City Attorney RECOMMENDED FOR APPROVAL: SUBRECIPIENT: t�k� 6 STEVEN MENDOZA Gi o Executive Director V.P., Home Car . Community Development Agency Tay iD: 95-27 5 DUNS 9: 084975739 18 EXHIBIT A SCOPE OF WORK City of Santa Ana CDEIG-CV Scope of Work Name of Organization _Meals on Meals Orange County Name of Funded Program Home Delivered Meal Program (HDM) and Congregate Lunch Cafe Program Annual Accomplishment Goat Schedule of Performance (estimated) Quarter 1: JUL I - SEP 30 Quarter2:OCT I - DEC 31 Quarter 3: JAN 1 - MAR 31 Quarter 4: APR 1 - JUN 30 Estimated Invoicino 38,00 .00 $ 3t3>000.00 S 38,000,00 S 114,000:00 :OVID Relief Funds in the amount of $100,000.00 will be utilized to help fund the raw food costs a Delivered and Grab & Go/Lunch Cafe Meals to Santa Ana older adult participants from April 1, to November 1, 2020. Please see attached budget. a Delivered Meal Program (HDM): Goal of 75 unduplicated HDM participants apants in the HDM Program will receive a total of 3 nutritious meals, 5 days a week delivered to home along with case management services. Meals will be delivered by paid and volunteer drivers. ,ility and case management services will be provided by Meals on Wheels Orange County Case tgers. Participants will also have access to other services at no charge including in -home services, to services, home safety equipment, and other resources, Due to partial Title III funding, the -am is available to seniors 60 years and over; however, only Santa Ana residents 62 years of age and will be counted towards CDBG unduplicated goals and CDBG reporting purposes. tte Lunch Cafe Program: Goal of 150 unduplicated Congregate (Grab & Go/Lunch Cafe) nts licipants in this Program will be provided with nutritional lunches at 2 sites in Santa Ana - Southwest ilor Center and Santa Ana Senior Center, based on access availability due to COVID-19. Due to partial le 111 funding, the program is available to seniors 60 years and over; however, only Santa Ana resident years of age and older will be counted towards CDBG unduplicated goals and CDBG reporting 19 EXHIBIT B BUDGET APRIL - OCTOBER 2020 CDBG . VC PROGRAM BUDGET Organisation Name Meals on Wheels Orange County Program Name Congregate 8 Nome Delivered Meal Programs EXPENDITURES Enter budget categories and oraiected exnenditurac fnr tha mm�need ........,.�.... Category Expenditures Funded By Santa Ana COBG Expenditures Funded By Other Sources Program Budget Total Organization Budget Administrative Staff Salaries $0 $0 Program Staff Salaries $0 $0 Contractual/Professional Services $0 $0 Raw Food $100,000 $ 46,415 $146,415 0 $0 $0 0 $0 $0 TOTAL Direct Costs $100,000 $46,415 $146,415 $0 Indirect Costs 10% $10,000 1 $10,000 TOTAL BUDGET $1100000 $46,415 1 $156,415 $0 * Indirect cost rate: 10% Non -Federal entity without federaly recognized negotiated indirect cost rate, will charge a de minimis rate of 10% of modified total direct costs. PROGRAM RESOURCES Funding Source Total must equal Program Budget Total listed ahnve FUNDING SOURCE AMOUNT Santa Ana CDBG (Apr -Oct) $ 100,000 SA General Funds (Apr - Jun) $ 22 573.00 SA CDBG Jul -Oct $ 20,000.00 Non -match cash A. 3,842.00 TOTAL $ 146,415 20 SAM Search Results List of records matching your search for: Record Status: Active DUNS Number: 084975739 ENTITY Community Seniorserv, Inc. Status: Active DUNS: 084975739 +4: CAGE Code: 4XX21 DoDAAC: Expiration Date: 08/18/2020 Has Active Exclusion?: No Debt Subject to Offset?: No Address: 1200 N Knollwood Cir City: Anaheim State/Province: CALIFORNIA ZIP Code: 92801-1309 Country: UNITED STATES EXHIBIT C DEBARMENT Certification Regarding Lobbying Certification for Contracts, Grants Loans and Cooperative A=ements The undersigned certifies. to the best of his or her knowledge and belief. that: (I ) No Federal appropriated funds have been paid or will be paid. by or on behalf of the undersigned. to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress. or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any cooperative agreement, and the extension. continuation. renewal, amendment. or modification of any Federal contact. grant. loan or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency. a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract. grant, loan. or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL. "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontract. subgrants. and contracts under grants. loans. and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352. Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10.000 and not more than $100.000 for each such failure. Meals on Wheels Omnnge County Grantee/Contactor Organization Name of Certifying Officer EXHIBIT D Page 1 of 2 Conttreuate (Grab & Go Meals) and Home Delivered Meals Program Program Title U 1120 Date SUBRECIPIENT warrants the following: 1. SUBRECIPIENT will comply with Public Law 88.332. Title VI of the Civil Rights Act of 1964 (42 U. S. C. section 2000 et seq.) and implementing regulation in 24 CPR Part 1. 2. No person in the United States shall on the ground ol'race. color. religion, national origin. or sex. be excluded from participation in. or be denied the benefits of. or be subjected to discrimination Linder an)- program or activity funded in whole or in part with community development funds made available pursuant to the ACT. 3. All laborers and mechanics. employed by contractors or subcontractors in the performance of construction work financed in whole or in part with community development funds shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined in accordance with the Davis -Bacon Act. as amended. 40 U. S. C. Sections 276 a I.$. except for individuals who perform services for which they volunteered; do not receive compensation for such services; or are paid expense& reasonable benefits. or a nominal fee for such services: and are not otherwise employed at any time in construction work. 4. SUBRECIPIENT will comply with all Federal statutes applicable to projects funded with community development funds. except that (a) SUBRECIPIENT does not assume CITY'S environmental responsibilities described at 24 CFR 570.604: and (b) SUBRECIPIENT does not assume CITY'S responsibility for initiating the review process under Executive Order 12372. EXHIBIT D Page 2 of 2 Certification Regarding Drug -Free Workplace Requirements The certification set out below is a material representation upon which reliance is placed by the U,S. Department of Housing and Urban Development in awarding the grant. If it is later determined that the contractor knowingly rendered a false certification, or otherwise violates the requirements of the Drug -Free Workplace Act, the U.S. Department of Housing and Urban Development, in addition to any other remedies available to the Federal Government, may take action authorized under the Drug -Free Workplace Act. CERTIFICATION A. The contractor certifies that it will provide a drug -free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the contractor's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing a drug -free awareness program to inform employees about- (1) The dangers of drug abuse in the workplace; (2) The contractor's policy of maintaining a drug -free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance program; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (c) Making it a requirement that each employee who will be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph •(a) that, as a condition of employment under the contract, the employee will - (1) Abide by the terms of the statement; and (2) Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction. EXHIBIT E Page 1 of 3 (e) Notifying the U.S. Department of Housing and Urban Development within ten days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such conviction; (f) Taking one of the following actions, within 30 days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted - ( 1) Taking appropriate personnel action against such an employee, up to and including termination; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; (g) Making a good faith effort to continue to maintain a drug -free workplace through implementation of paragraphs (a), (b), (c), (d), (e) and (f), B. The contractor shall insert in the space provided on the attached "Place of Performance" form the site(s) for the performance of work to be carried out with the grant funds (including street address, city, county, state, and zip code) .the contractor further certifies that, if it is subsequently determined that additional sites will be used for the performance of work under the contract, it shall notify the U.S. Department of Housing and Urban Development immediately upon the decision to use such additional sites by submitting a revised "Place of Performance" form. The Contractor shall insert in the space provided below the site(s) expected to be used for the performance of work under the contract covered by the certification: Place of Performance (include street address, city, county, state, zip code for each site): Santa Ana Senior Center 424 W. 3`d Street Santa Ana, CA 92701 Santa Ana Senior Center 2201 W. McFadden Avenue Santa Ana. CA 92704 EXHIBIT E Page 2 of 3 Meals on Wheels Orange County 1200 N. knollwood Circle Anaheim, CA 92801 Meals on Wheels Orange County Organization Authorized Signature O q)t7r dzo EXHIBIT E Page 3 of 3 EXHIBIT F FEDERAL CONTRACT PROVISIONS During the performance of this contract, SUBRECIPIENT (or "Vendor") shall comply with all applicable federal laws and regulations. including but not limited to, the federal contract provisions in this Exhibit. In this Exhibit, the term "Agency" shall mean the CITY as the local agency entering into this contract with the Vendor. CONTRACTING WITH SMALL AND MINORITY FIRMS, WOMEN'S BUSINESS ENTERPRISE AND LABOR SURPLUS AREA FIRMS (2 C.F.R. § 200,321) (A) Vendor 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: (i) Placing qualified small and ntit ority businesses and women's business enterprises on solicitation lists: Assuring that small and minority businesses. and women's business enterprises are solicited whenever they are potential sources: (III) Dividing total roquirmmcnts. when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority business, and women's business enterprises: (IV) Establishing deliver) schedules, where the requirement permits, which encourage participation b) small and minorit) business, and wotmen's business enterprises; and (a) Using the services/assistance of the Small Business Administration (SBA), and the Minority Business Development Agency (MBDA) of the Department of Commerce. Vendor shall submit evidence of compliance with the foregoing affirmative steps when requested by the Agency. Notwithstanding the foregoing, the affirmative steps requirements detailed above do not apply in the case of noncompetitive procurement made under the emergency exception/exigency exception to competitive procurements. COST PRINCIPLES (2 C.F.R. PART 200, SUBPART E) (A) If any indirect costs will be charged to the Agency under this contract, such costs must conform to the cost principles set forth under the Uniform Rules at 2 C.F.R. Part 200. subpart E ("Cost Principles"). In general, costs must (i) be necessary and reasonable; (ii) 24 allocable to the grant award: (iii) conform to an) limitations or exclusions set forth in the Cost Principles: (iv) be adequately documented: and (v) be deternined in accordance with generally accepted accounting principles ("GAAP"), except, for state and local governments and Indian tribes only, as otherwise provided for in 2 C.F.R. Part 200. subpart E. 2 C.F.R. § 200.403. Costs that are determined Unallo%%able pursuant to a federal audit are subject to repayment by Vendor. 3; ACCESS TO RECORDS & RECORD RETENTION (2 C.F.R. 200.336) (A) Vendor shall comply with 2 C.F.R. § 200.336 and provide the Federal Agency. Inspectors General, the Comptroller General of the United States. Agency. and the State of California or any of their authorized representatives access, during normal business hours, to documents, papers, books and records %%hick are directly pertinent to this contract for the purposes of making and responding to audits. examinations. excerpts. and transcriptions. The right also includes timely and reasonable access to the Vendor's personnel for the purpose of inter%icw and discussion related to the books and records. (B) The Vendor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (C) The Vendor agrees to provide the Federal Agency or its authorized representatives access to construction or other Mork sites pertaining to the Work being completed under the contract. 4. REQUIRED CONTRACT PROVISIONS IN ACCORDANCE WITH APPENDIX 11 TO PART 200 — CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS UNDER FEDERAL AWARDS (2 C.F.R. § 200.326) (A) Anaendix 11 to Part ;00 (Al Anpen& ll to Part 200 (13)Remedies for Breach Termination for Cause/Convenience. If the contract is in excess of $10.000 and the contract does not include provisions for both termination for cause and termination for convenience by the Agency. including the manner by %%hick it gill be effected and the basis for settlement, then the rot lox%ing termination clauses shall apply. If the contract is for more than the simplified acquisition threshold (see 2 C.F.R. § 206.88) at the time the contract is executed and does not provide for adntinisumti%c. contractual, or legal remedies in instances %there Contractor violates or breaches the terms of the contract. then the following termination clauses shall apply and have precedence over the contract. Otherwise, the following termination clauses shall not be applicable to the, contract. (i) Termination for Convenience The Agency may. by %%ritten notice to Vendor, terminate this contract for comenience, in whole or in part. at any time by giving %vritten notice to Vendor of such termination. and specifying the effective date thereof ("Notice of Termination for Convenience"). If the termination is for the convenience of the Agency. the Agenc) shall compensate Vendor for work or materials fully and adequately provided through the effective date of termination. No amount shall be paid for unperformed %%ork or materials not provided. including anticipated profit. Vendor shall provide documentation deemed adequate by the Agency to show the work actually completed or materials provided by Vendor prior to the effective date of termination. This contract shall terminate on the effective date of the Notice of Termination. 25 (li) Jennination fob• Cause, If Venda fltils to perform pursuant to the terms of this contract, the Agency shall provide written notice to Vendor specifving the; default ("Notice of Default"). If Vendor does not cure such default within ten (10) calendar days of receipt of Notice of Default, the Agenc} nlay terminate this contract for cause. If Vendor fulls to cure a default as set forth above, the Agency may, by written notice to Vendor, terminate this contract for cause. in whole or in part. and specifying the effective date thereof ("Notice of Termination for Cause"). If the termination is for cause. Vendor shall be compensated for that portion of the work or materials provided which has been fully and adequately completed and accepted b) the Agency as of the date the Agency provides the Notice of Termination. In such case. the Agency shall have the right to take whatever steps it deems necessary to complete the project and correct Vendors deficiencies and charge the cost thereof to Vendor, w(to shall be liable for the lull cost of the Agency's corrective action. including reasonable overhead, profit and attorneys' fees. (ill) Reimbursement; Dama=. The .Agency shall be entitled to reimbursement for anN compensation paid in excess of work rendered or materials provided and shall be entitled to %%ithhold compensation for detective work or other damages caused by Vendor's performance of the work. (iv) Additional Termination Prm isions. Dpon receipt of a Notice of Termination. either for cause or for convenience, Vendor shall promptly discontinue the work unless the Notice directs to the contrary. Vendor shall deliver to the Agency and transfer title (if necessan) to all provided materials and completed work. and work in progress including drafts. documents, plans. florins, maps, products, graphics. computer programs and reports. The rights and remedies of the parties provided in this Section are in addition to any other rights and remedies provided by law or under this contract. Vendor acknowledges the Agency's right to terminate this contract with or without cause as provided in this Section, and hereby waives any and all claims for damages that might arise from the Agency's termination of this contract. The Agency shall not be liable for any costs other than the charges or portions thereof which are specified herein. Vendor shall not be entitled to payment for unperformed work or materials not provided. and shall not be entitled to damages or compensation for termination of work or supph or materials. I f Agency terminates this contract for cause, and it is later determined that the termination for cause was wrongful, the termination shall automatically be converted to and treated as a termination for convenience. In such event. Vendor shall be entitled to receive only the amounts payable under this Section, and Vendor specificaliv waives any claim for any other amounts or damages. including, but not limited to, any claim for consequential damages or lost profits. The rights and remedies of the Agency provided in this Section shall not be exclusive and are in addition to all% other rights and remedies provided by la\v, equity or under this contract including. but not limited to, the right to specific performance. (B) Append 11 to Part 200 (C) Equal Fmplovynent Opportunity, Except as otherwise provided under 41 C.F.R. Part 60. Vendor shall comply with the following equal opportunity clause, in accordance with Executive Order 11246 of September 24, 1965 entitled "Equal Employment Opportunity," as amended by Executive Order 11375 of October 13, 1967 and implementation regulations at 41 C.F.R. Chapter 60: 20 (i) Vendor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. Vendor will take affirmative action to insure that applicants are employed and that employees are treated equally during employment. without regard to race, color, religion, sex, or national origin. Such action shall include. but not be limited to, the following: cmploymont upgrading, demotion, transfer, recruitment. or recruitment advertising: layoff or termination: rates of pay or other forms of compensation; and selection for training including apprenticeship. Vendor agrees to post in conspicuous places, mailable to employees and applicants for employment, notices to be provided by the Agency setting Forth the provisions of this nondiscrimination clause. (il) Vendor will. in all solicitations or advertisements for employees placed by or on behalf of Vendor, state that till qualified applicants will receive consideration for employment without regard to their nice. color, religion. sex. or national origin. (Ili) Vendor will not discharge or in any other manner discriminate against any employee or applicant for employ nient because such employee or applicant has inquired about, discussed. or disclosed the compensation of the employee or applicant or another cmployee or applicant. This provision shall not apply to instances in which an employee uho has access to the compensation information of other employees or applicants as it part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise hake access to such intonnalion. 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 Vendor's legal ditty to furnish information. (iv) Vendor ANIf send to each labor union or representative or workers with which he has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer. advising the labor union or workers' representative of the contractor's commitments under Section 202 of Executive Order No. 11246 of September 24. 1965. and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (v) Vendor will comply with all provisions of Executive Order 11246 of September 24. 1965. and of the rules. regulations, and relevant orders of the Secretary of Labor. (vi) Vendor will furnish all information and reports required by Executive Order No. 11246 of September 24. 196i, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting* agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations. and orders. (vii) In the event of Vendor's noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be cancelled, terminated or suspended in whole or in part and the contractor may be 27 declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order No.11246 of Sept. 24, 1965. and such other sanctions may be imposed and remedies invoked as provided in Executive Order No.l 1246 of September 24. 1965. or by rule, regulation, or order of the Secretary of Labor, or as other%%ise prov ided by law. (viii) Vendor will include the provisions of paragraphs 0) through (viii) in every subcontract or purchase order unless exempted b% rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of September 24J965. so that such provisions w ill he binding upon each subcontractor or vendor, Vendor will take such action with respect to any subcontract or purchase order as may be directed by the Secretary or Labor as a means of enforcing such provisions including sanctions for noncompliance; Provided hau•caor. that in the event Vendor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction. Vendor may request the United States to enter into such litigation to protect the interests of the United States. (C) Appendix II to Pan 200 (D) D•nis-Elact?n Act Copcland Act• Not applicable to this contract. (D) Appendix 11 to Pail 200(F)—Contract Work hours Faad Satet%Standards Act (i) Irthis contract is in excess or$100.000 and involves the cnaployntent of mechanics or laborers, Vendor shall comph with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. Pan 5). Under 40 U.S.C. 3702, each contractor must be required to compute the %%ages ore%ery mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C, 3701 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary. hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. 00 No contractor or subcontractor contracting I'or 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 %cork%vcck in which he or she is employed on such work to work in excess offorty 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. (iii) In the event orally violation of the clause set forth in paragraph (ii) of this section the contractor and anv subcontractor responsible thereror 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 tinder contract for the District of Columbia or a territory, to such District or to such territory). for liquidated damages. Such liquidated damages shall be computed %%ith respect to each individual laborer or mechanic, 28 (E) (F) Including watchmen and guards, employed in violation of the clause set forth in paragraph (H) of this section, in the suot of sl o for each calendar day on which such individual %vas required or permitted to t\ork in excess of the standard workweek of forty howl without pa) ment of the overtime "ages required by the clause set forth in paragraph 00 of this section. (iv) The Agency shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld. from ail) moneys payable on account oi'tvork performed by the Vendor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such stems as may be determined to be necessary to satislj am liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (iii) of this section. (v) The Vendor or subcontractor shall insert in an) subcontracts the clauses set forth in paragraph (ii) through (% ) of this Section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The Contractor shall be responsible for compliance b) any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (H)'through (v) ol'this Section. Appendix Il to Part 200 t Ft— Rights to Im e nuons Made Und •r a Contract or ereenwl (i) if the Federal award meets the definition of "funding agreement" under 37 C.F.R. § 401.2(a) and the non -Federal emit) wishes to enter into a contract with a small business finm or nonprofit organization regarding the substitution of parties. assignment or performance or experimental, developmental, or research work under that"funding agreement," the non -Federal entitj'musi comply with the requirements of 37 C.F.R. Part 401 (Rights to Inventions glade b) Nonprofit Organizations and Small Business Firms Under Government Grants. Contracts and Cooperative Agreements), and any implementing regulations issued by the Agency. (ii) The regulation at 37 C.F.R. § 401.2(a) currently defines "funding agreement" as any contract. grant, or cooperati\e agreement entered into benteen any Federal agency. other than the Tennessee Valley Authority, and am) contractor for the performance of experimental, developmental, or research work funded in whole or in part by the Federal government. This term also includes any assignment. substitution of parties, or subcontract or any type entered into for the performance of experimental. developmental, or research work under a funding agreement as defined in the first sentence of this paragraph. (iii) This requirement does not apply to the Public Assistance, Hazard Mitigation Grant Program, Fire Management Assistance Grant Program, Crisis Counseling Assistance and Training Grant Program. Disaster Case Management Grant Program, and Federal Assistance to Individuals and Households — Other Needs Assistance Grant Program, as FEMA awards under these programs do not meet the definition of "funding agreement." c — a w_1 — avv L u1 — 41ean Air Act ang reaeral water rollt4ion Control Act' if contract is in excess of s 150,000. Vendor shall comply w ith all applicable standards, 29 orders, or requirements issued pursuant to the Clean Air Act (42 U.S.C. 7401.7671 q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). (i) Pursuant to the Clean Air Act.( I) Vendor agrees to comply to ith all applicable standards. orders or regulations issued pursuant to the Clean Air Act, as amended. 42 U.S.C. § 7.401 et seq.. (2) Vendor agrees to report each violation to the Agency and understands and agrees that the Agency N ill. in turn, report each violation as required to a39ttre notification to the Federal awarding agency and the appropriate Environmental Protection Acnc% Regional Office, and (3) Vendor agrees to include these requirements in each subcontract exceeding $150,000. (ii) Pursuant to the rederal Water Pollution Control Act. (1) Vendor 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) Vendor agrees to report each violation to the Agency and understands and agrees that the Agency trill. 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) Vendor agrees to include these requirements in each subcontract exceeding $150.000. (G) Ap endi, li to Part 2001H) Deharm •nt and S is ension A contract award (see 2 C.P,R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Managcntent (SAM). in accordance with the OMB guidelines at 2 CPR 180 that implement Executive Ordors 12349 (3 C.F.R. part 1986 Comp., p. 189) and 12689 (3 C.F.R, part 1989 Comp., In. 235). "Debarment and Suspension." SAM Exclusions contains the names of parties debarred. suspended. or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549, (i) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such Vendor is required to verify that none of the Vendor, 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). Vendor must comply with 2 C.F.R. pt. 180. 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 Agency. Ir it is later determined that Vendor 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 Agency. the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (iv) Vendor %%arrants that it is not debarred, suspended. or otherwise excluded from or ineligible for participation in any federal programs. Vendor also agrees to verity that all subcontractors performing work under this contract are not debarred, disqualified, or otherwise prohibited from participation in accordance with the requirements above. Vendor Further agrees to notify the Agency in writing 30 immediately if Vendor or its subcontractors are not in compliance during the term of this contract. (H) Appendix II to Part 300 (I) — BN. r i Anti-Lobbvine Act: If this contract is in excess of $100.000, Vendor shall haw submitted and filed the required certification pursuant to the Byrd Anti -Lobbying Amendment t31 U.S.C. n 1353). If at any time during the contract term finding exceeds $100,000.00. Vendor shall file with the A;aeney the Federal Standard Form LLL titled "Disclosure Form to Report Lobbying." Vendors that apply or bid for an award exceeding $100.000 must 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 tales place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient, (1) Appendix If to Part 200 I1— Procurement of Recovered Materials: (i) Vendor shall comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recoven Act. The requirements of Section 6002 include procuring only items designated in guidelines or 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 satisthctory level of competition. where the purchaw price of the item exceeds $10.000 or the value ofthe quantity acquired during the preceding fiscal year exceeded $1 0.000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an allirnnativc procurement. (ii) In the performance of this contract, the Vendor shall male maximum use of products containing recovered materials that are EPA -designated items unless the product cannot be acquired: Competitively within a timeframe providing for compliance with the contract performance schedule: Meeting contract performance requirements: or At a reasonable price. (ill) Information about this requirement, along with the list of EPA -designate items. is available at EPA's Comprehensive Procurement Guidelines web site, https:/Avw w.epa.gov/smmtcomprelictisive-procurement-guideli ne-cpg-program. 5. MISCELLANEOUS PROVISIONS (A) The Vendor shall not use the DHS scal(s), logos. crests. or reproductions of flags or likenesses of DHS agency officials without specific FEMA preapproval. (B) This is an acknowledgement that FEMA financial assistance will be used to find the contract oniy. The Vendor will comply with all applicable federal law, regulations, executive orders. FEMA policies. procedures. and directives. (C) Vendor acknowledges that 31 U.S.C. Chapter 38 (Administrative Remedies for False Claims and Statements) applies to the Vendor's actions pertaining to this contract. 31 (D) The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the Agency. Vendor, any subcontractors or any other party pertaining to any matter resulting from the contract. (E) General and Adminisutti%c Expenses And Profit For Time And Mtteritls Contracts/A mend melt ts. (i) General and administraticc expenses shall be negotiated and must conform to the Cost Principles. (li) Profit shall be negotiated as a separate clement of the cost. To establish a fair and reasonable profit, consideration must be given to the complexity of the %%ork to be performed. the risk borne by the Vendor, the Vendor's investment, the arnotant of subcontracting. the quality or its record of past performance, and industry profit rates in the surrounding geographical area for similar eork. (iil) Any agreement, amendment or change order for cork performed on a time and materials basis shall include a ceiling price that Vendor exceeds at its oa n risk. 32 Digitally signed by Francine R. Francine R. Villareal Villareal ACORO® CERTIFICATE OF LIABILITY INSURANCE DATE 'MMIDDIYVYV) 7/1/2021 6/30/2020 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 LOCkton Insurance Brokers. LLC CONTACT NAME: 777 S. Figueroa Street, 52nd Pl. PHONE FAX Ext: AIC No: CA Licunsc #OF] 5767 EIC,N. MAIL Los Angeles CA 90017 ADDRESS: (2 13) 689-0065 INSURERS) AFFORDING COVERAGE NAICIf INSURER A:Philadelphia lndemnit Insurance Co. 18058 INSURED Community SeniorServ, Inc. INSURER B: Redwood Fire and Casualty Insurance Co 11673 INSURER C 1448916 Dba Meals on Wheets Orange County 1200 N. KnollWood Cm INSURER D: AnahClm CA 92801 INSURER E: INSURER F : COVERAGES C'ONISE01 CERTIFICATE NUMBER: 15476274 REVISION NUMBER: XXXXXXX THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR rypE OF INSURANCE ADDLSUBR POLICYEFF POLICYEXP LTR INSD WVD POLICY NUMBER MMIDDIYVYV MMIDDIYVYV LIMITS A X COMMERCIAL GENERAL LIABILITY y N PHPK2148207 7/l/2020 7/12021 EACH OCCURRENCE $ 1,000.000 CLAIMS -MADE Ix OCCUR PREIM SESOEa occurr0ence $ 1,000,000 MED EXP (Any one person) $ 20,000 PERSONAL ADV INJURY $ 1,000.000 GEN L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ 3000000 POLICY F— PROJECT- F— LOC X PRODUCTS-COMPIOPAGG $ 3,000,000 OTHER: $ A AUTOMOBILE LIABILITY N N PHPK2148207 7/l/2020 7/1i 2021 CO MB INED SINGLE LIMIT Ee eooidant $ 1,000,000 BODILY INJURY (Per person) $ XXXXX�i ANY AUTO I OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ XXXXXXX HIRED NOWOWNEDPROPERTY AUTOS ONLY AUTOS ONLY DAMAGE Per went t $XXXXXXX L'un1 ./Coll.Ded. $ 1,000 A X UMBRELIALIAB X OCCUR N N PHUR727463 7/l/2020 7/1/2021 EACH OCCURRENCE $ 10.000.000 EXCESS LIAB CLAIMS -MADE AGGREGATE $ 10,000,000 DED X RETENTION $ 10,000 $ XXXXXXX B AND EMPLOYERS' LIABILITY WORKERS COMPENSATION ANY PROPRIETORIPARTNEWEXECUTIVE YIN OFFICERIMEMBER EXCLUDED? (Mandatary in NH) NIA N COWC141508 7ll/2020 7/12021 PER X STATUTE OIRH E. L EACH ACCIDENT E.L DISEASE - EA EKIPLOYEE $ 1,000,000 $ 1,000,000 f yes, describe under DESCRIPTION OF OPERATIONS below I I EL. DISEASEPOLICYLIMIT $ 1,000.000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The City of Sunta Ana, its officers, employees, agents, representafives and volunteers are all Additional Insured to the extent provided by the policy language or endorsement issued or approved by The insurance carrier. Insurance provided to Additional Insured(s) is primary and non-contributory as per the allachcd endw'sements orpolicy language. 15476274 The City of Santa Ana, Risk Management 20 Civic Center Plaza Santa Ana CA 92701 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD Rime Mwagane rd Diuisinn REVIEWED&APPROVEDBV: Risk Management Analyst Attachment Code: D567517 Master ID: 1448916, Certificate ID: 15476274 The City of Santa Ana, Risk Management 20 Civic Center Plaza Santa Ana, CA 92701 To whom it may concern: In our continuing effort to provide timely certificate delivery, Lockton Companies is transitioning to paperless delivery of Certificates of Insurance, thus, this is your final hard -copy delivery. To ensure electronic delivery for future renewals of this certificate, we need your email address. Please contact us via one of the methods below, referencing Certificate ID 15476274. Finail: PaciticeDelivery(c6loekton.com Phone: (213) 689-2300 If you received this certificate through an internet linkwhere the current certificate is viewable, we have your email and no further action is needed. In the event your mailing address has changed, will change in the future, or you no longer require this certificate, please let us know using one of the methods above. The above inbox and phone number below are for automating electronic delivery of certificates only. Please do NOT send future certificate requests to the above inbox or call into the number below. Thank you for your cooperation and willingness in reducing our environmental footprint. Lockton Insurance Brokers, LLC - Pacific Series Lockton Insurance Brokers, LLC License #OF15767 777 S Figueroa Street, 52nd FI / Los Angeles, CA 90017-5524 213-689-0065 / FAX: 213-689-0550 lockton.com Rime Management )Msinn REVIEWED&APPROVED By: '� Risk Management Analyst Attachment Code: D566170 Certificate ID: 15476274 POLICY NUMBER: PHPK2148207 COMMERCIAL GENERAL LIABILITY CG20260413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): The City of Santa Ana; it officers, employees, agents and representatives and volunteers are named as additional insureds ("additional insureds") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds." Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performance of your ongoing operations; or 2. In connection with your premises owned by or rented to you. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 26 04 13 © Insurance Services Office, Inc., 2012 Rime Mattagmient DMsion REVIEWED&APPRDVEDBY: '� Risk Management Analyst Attachment Code: D578001 Certificate 11): 15476274 PI-CANXAICH-002 (05/11) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CANCELLATION NOTICE TO SCHEDULED ADDITIONAL INSURED OR CERTIFICATE HOLDER This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PROFESSIONAL LIABILITY COVERAGE PART COMMERCIAL CRIME COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART COMMERCIAL AUTOMOBILE COVERAGE PART SCHEDULE OF ADDITIONAL INSUREDS OR CERTIFICATE HOLDERS Al or CH Additional Insured or Certificate Holder Address CH The City of Santa Ana, Risk Management 20 Civic Center Plaza Santa Ana, CA 92701 The following is added to A. CANCELLATION of the Common Policy Conditions of the above applicable coverage part: A. In the event we cancel the policy in accordance with the policy's terms and conditions, we will endeavor to mail written notice of cancellation to Additional Insureds or Certificate Holders, shown in the above SCHEDULE within the time frame listed below. However, failure to mail such notice shall impose no obligation of any kind upon us, our agents or representatives. 1. 30 days before the effective date of cancellation if we cancel for any reason other than for non - payment of premium. As respects Additional Insureds, the above cancellation provision applies only when the Additional Insured shown in the above SCHEDULE is added to the policy by a separate additional insured endorsement as the CANCELLATION NOTICE TO ADDITIONAL INSURED OR CERTIFICATE HOLDER does not provide additional insured coverage. Rime Mattagmient DMsion REVIEWED&APPRDVEDBY: '� Risk Management Analyst