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HomeMy WebLinkAboutSALVATION ARMY, THE (5)0-.GDPr It . vlj1A.i CTv rwnr+)94 Wr. MAYOR Vicente Sanniento ® MAYOR PRO TEM cv David Penaloza COUNCILMEMBERS Phil Bacema Johnathan Ryan Hernandez Jessie Lopez Q— Nelida Mendoza Thai Viet Phan March 30, 2021 Dear SUBRECIPIENT, -QUIRED 110CEF0 .OUN141 CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY 20 Civic Center Plaza • P.O. Box 1988 Santa Ana, California 92702 (714)647-5360 wWw.santa-aril ADDENDUM TO EXHIBIT H A-2021-021-05-01 CITY MANAGER Kristine Ridge CITY ATTORNEY Sonia R. Carvalho CLERK OF THE COUNCIL Daisy Gomez The attached Amendment is an addendum to the existing Department of Treasury Emergency Rental Assistance Program (ERAP) Agreement attached as Exhibit H to the ERAP Agreement. Pursuant to section I(E)(4), "Subcontractor has been made aware of the U.S. Department of the Treasury Emergency Rental Assistance Agreement and agrees to comply with all the conditions of the U.S. Department of the Treasury Emergency Rental Assistance Agreement and the applicable requirements governing the use of ERAP grant funds." Please sign and return a copy of this letter to confirm that you have received the Amendment to the Department of Treasury ERAP Agreement and you agree to comply with the terms of the same. Section IV(K) of the ERAP Agreements states that, "no other agreement or amendment hereto shall be effective unless executed in writing and signed by both CITY and SUBRECIPIENT." CITY OF SANTA ANA s" � .04 Kristine Ridge City Manager ATTEEST:— y: City Clerk SUBRECIPIENT: V V� Captain Nesan Kistan Divisional Secretary Orange County SANTA ANA CITY COUNCIL Viwnle Samiienlo David Penall Thai Viet Phan Jessie Lopez Phil Baoons Jobnalhan Ryan Hernandez Nelida Mendoza Mayor Mayor Pro Tem, Ward 2 Were! 1 Ward Wool4 We'd5 Werd6 ,asenserayinsarla-.r.om ticenabu(olsanla-ene om mhanlitsarehanoom Iesslelooezl@sanla-im,l ebacermnsanlz-are om LNanhemgiii.00lsanla-an, om nmenaozalalsanlaana one A-2021-021-05-01 U.S. DEPARTMENT OF THE TREASURY EMERGENCY RENTAL ASSISTANCE March 26, 2021 Effective as of the date hereof, the award terms accepted by Recipient as a condition to the receipt of payment from Treasury pursuant to section 501 of Subdivision N of the Consolidated Appropriations Act, 2021, Pub. L. No. 116-260 (Dec. 27, 2020) are amended as follows: Section 3 is amended by replacing "December 31, 2021" with "September 30, 2022". Section 4 is deleted in its entirety and replaced with the following: 4. Administrative costs. a. Recipient may use funds provided to the Recipient to cover both direct and indirect costs. b. The total of all administrative costs, whether direct or indirect costs, may not exceed 10 percent of the total amount of the total award. Attached hereto are the award terms restated to reflect this amendment. 6. Maintenance of and Access to Records a. Recipient shall maintain records and financial documents sufficient to support compliance with Section 501(c) regarding the eligible uses of funds. b. The Treasury Office of Inspector General and the Government Accountability Office, or their authorized representatives, shall have the right of access to records (electronic and otherwise) of Recipient in order to conduct audits or other investigations. c. Records shall be maintained by Recipient for a period of five (5) years after all funds have been expended or returned to Treasury. 7. Cost Sharing. Cost sharing or matching funds are not required to be provided by Recipient. 8. Compliance with Applicable Law and Regulations. a. Recipient agrees to comply with the requirements of Section 501 and Treasury interpretive guidance regarding such requirements. Recipient also agrees to comply with all other applicable federal statutes, regulations, and executive orders, and Recipient shall provide for such compliance in any agreements it enters into with other parties relating to this award. b. Federal regulations applicable to this award include, without limitation, the following: i. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 C.F.R. Part 200, other than such provisions as Treasury may determine are inapplicable to this Award and subject to such exceptions as may be otherwise provided by Treasury. Subpart F — Audit Requirements of the Uniform Guidance, implementing the Single Audit Act, shall apply to this award. ii. Universal Identifier and System for Award Management (SAM), 2 C.F.R. Part 25 and pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 25 is hereby incorporated by reference. iii. Reporting Subaward and Executive Compensation Information, 2 C.F.R. Part 170, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 170 is hereby incorporated by reference. iv. OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement), 2 C.F.R. Part 180 (including the requirement to include a term or condition in all lower tier covered transactions (contracts and subcontracts described in 2 C.F.R. Part 180, subpart B) that the award is subject to 2 C.F.R. Part 180 and Treasury's implementing regulation at 31 C.F.R. Part 19. V. Recipient Integrity and Performance Matters, pursuant to which the award term set forth in 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated by reference. vi. Governmentwide Requirements for Drug -Free Workplace, 31 C.F.R. Part 20. vii. New Restrictions on Lobbying, 31 C.F.R. Part 21. d. Funds for payment of a debt must not come from other federally sponsored programs. 12. Disclaimer. a. The United States expressly disclaims any and all responsibility or liability to Recipient or third persons for the actions of Recipient or third persons resulting in death, bodily injury, property damages, or any other losses resulting in any way from the performance of this award or any other losses resulting in any way from the performance of this award or any contract, or subcontract under this award. b. The acceptance of this award by Recipient does not in any way constitute an agency relationship between the United States and Recipient. 13. Protections for Whistleblowers. a. In accordance with 41 U.S.C. § 4712, Recipient may not discharge, demote, or otherwise discriminate against an employee as a reprisal for disclosing information to any of the list of persons or entities provided below that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority relating to a federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal contract (including the competition for or negotiation of a contract) or grant. b. The list of persons and entities referenced in the paragraph above includes the following: i. A member of Congress or a representative of a committee of Congress; ii. An Inspector General; iii. The Government Accountability Office; iv. A Treasury employee responsible for contract or grant oversight or management; V. An authorized official of the Department of Justice or other law enforcement agency; vi. A court or grand jury; and/or vii. A management official or other employee of Recipient, contractor, or subcontractor who has the responsibility to investigate, discover, or address misconduct. c. Recipient shall inform its employees in writing of the rights and remedies provided under this section, in the predominant native language of the workforce. 14. Increasins Seat Belt Use in the United States. Pursuant to Executive Order 13043, 62 FR 19217 (April 8, 1997), Recipient should and should encourage its contractors to adopt and enforce on-the-job seat belt policies and programs for their employees when operating company -owned, rented or personally owned vehicles. 15. Reducing Text Messaging While Driving. Pursuant to Executive Order 13513, Recipient should encourage its employees, subrecipients, and contractors to adopt and enforce policies that ban text messaging while driving, and Recipient should establish workplace safety policies to decrease accidents caused by distracted drivers.