HomeMy WebLinkAboutSOUTH COUNTY OUTREACHINSURANCE ON FILE
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r. CLERK OF COUNCiI
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A-2021-107-05
AGREEMENT BETWEEN THE CITY OF SANTA ANA AND
SOUTH COUNTY OUTREACH FOR USE OF
THE SECOND ALLOCATION OF
(I EMERGENCY RENTAL ASSISTANCE PROGRAM (ERA2) FUNDS
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This Agreement is hereby made and entered into this I' day of August, 2021, by and between
the City of Santa Ana, a charter city and municipal corporation organized and existing under the
Constitution and laws of the State of California ("CITY"), and South County Outreach, a California
nonprofit corporation ("SUBRECIPIENT" or "CONTRACTOR").
RECITALS:
A. On March 11, 2021, the federal American Rescue Plan Act of 2021, Pub. L. No. 117-2 was
signed into law and, pursuant to Title III, Subtitle B, Section 3201, included $21.55 billion
allocated to the United States Treasury for the Emergency Rental Assistance Program
("ERATto assist households that are unable to pay rent or utilities due to the COVID-19
pandemic. The funds were provided directly to States, U.S. Territories, local governments,
and Indian tribes ("Grantees"). Grantees must use the ERA2 funds to provide assistance to
eligible households through existing or newly created rental assistance programs. Grantees
may use the ERA2 funds to make subawards to other entities, including non-profit
organizations, to administer an ERA2 on behalf of the Grantees. Grantees may also enter into
contracts using ERA2 payments for goods or services to implement an ERA2. Not less than
85 percent of awarded funds must be used for direct financial assistance, including rent, rental
arrears, utilities and home energy costs, utilities and home energy costs arrears, and other
expenses related to housing. Remaining funds are available for administrative costs.
B. As an eligible grantee with a population greater than 200,000 and an existing rental assistance
program, the CITY applied for a direct allocation of ERA2 fiends from the Department of
Treasury and on May 10, 2021, the CITY's application was approved for a direct allocation
of $7,817,891.20 and,a High -Need allocation of $6,208,702.70 for a total of $14,026,593.90
("CITY Allocation"), As part of the CITY Allocation, the CITY executed aU.S. Department
of the Treasury Emergency Rental Assistance Agreement attached hereto as Exhibit H and
incorporated herein by reference.
C. On July 6, 2021, the second direct allocation of ERA2 funds ("ERA2 Funds") in the amount
of $14,026,593.90 was approved by the Santa Ana City Council. $11,922,604.82 of these
ERA2 Funds are to be allocated to the CITY's CARES for Tenants Program. The remaining
$2,103,989.09 (15% of the total grant) of the CITY Allocation of ERA2 Funds will be used
for administration of the Program by the CITY and shared proportionally with the
SUBRECIPIENT and other contractors.
D. SUBRECIPIENT has been selected by the CITY to receive ERA2 Funds in order to
administer the CITY's CARES for Tenants Program, in accordance with the Scope of Work
attached hereto as Exhibit A and incorporated herein by reference ("said program").
SUBRECIPIENT represents that it is qualified and willing to operate said program and
certifies that the administration of said program carried out with funds provided under this
Agreement will meet the ERA2 objectives to respond to this historic COVID-19 public health
crisis.
E. SUBRECIPIENT agrees that it will adhere to the eligibility requirements, required
documentation, and project expectations as indicated in Exhibit A for said program and in
compliance with Section 3201(a) of the American Rescue Plan Act of 2021, the Department
of Treasury's Frequently Asked Questions, and the CARES for Tenants Program Guidelines
and Frequently Asked Questions established for said program. Failure to follow the
requirements and.meet the stated expectations 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 of this Agreement and the following terms and conditions are approved and together
with all exhibits and attachments hereto, shall constitute the entire Agreement between the CITY and
SUBRECIPIENT:
I. ERA2 PROVISIONS
A. Scope of Work. SUBRECIPIENT shall be responsible for the specific tasks and
services of said program, and agrees to administer said program in compliance with the size of the
grant, the eligibility requirements, the eligible expenses for said program, the disbursement of fiords,
the required information/documents to qualify for grant award, and the project expectations as
described in the Scope of Work attached hereto as Exhibit A. 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 fiords for said program or temnination of this Agreement.
B. Term of Agreement. The term of said Agreement shall commence on the date first
written above and continue through March 31, 2022 ("Tcrm"), unless terminated earlier pursuant
to the terms of this Agreement. This Agreement shall also cover any and all services provided by
the SUBRECIPIENT to the CITY since the date the CITY Allocation of ERA2 Funds was awarded
to the CITY. Additionally, the Term of this Agreement may be extended by a writing executed by
the City Manager, or her designee, and the City Attorney.
C. Amount of Grant Funding. The total amount of ERA2 Funds provided for said
program shall not exceed One Million, Six Hundred Thirteen Thousand, Fifty -Eight Dollars and
Thirty Cents ($1,613,058.30) during the Term of the Agreement, SUBRECIPIENT agrees to
administer said program as outlined in Exhibit A, and within the terms of this Agreement, and to use
said ERA2 Funds to achninister said program pursuant to the regulations in Exhibit B attached hereto
and incorporated herein by reference.
(1) Direct Financial Assistance. SUBRECIPIENT will be responsible to approve
the payment of direct financial assistance for up to an amount not to exceed One Million, Four
Hundred Ninety Thousand, Three Hundred Twenty -Five Dollars and Sixty Cents ($1,490,325,60) to
be used solely for grants to eligible participants in said prograin in accordance with Exhibit A, The
direct financial assistance will be disbursed by Orange County United Way as a third party on behalf
of the SUBRECIPIENT and CITY under a separate Agreement.
(2) Administrative hinds. CITY shall make administrative fee payment(s) to
SUBRECIPIENT in an amount not to exceed One -Hundred, Twenty -Two Thousand Seven Hundred
Thirty -Two Dollars and Seventy Cents ($122,732.70), pursuant to the terms detailed in Exhibit B.
D. Disbursement of Funds. Said Administrative Funds shall be disbursed by CITY to
the SUBRECIPIENT pursuant to the terms found in the Compensation/Payment attached hereto
as Exhibit B, with payments subject to the submittal of invoices and other reporting requirements,
as hereinafter more fully set forth. SUBRECIPIENT shall be obligated to perform such duties as
would normally extendbeyond the term, including, but not limited to, obligations with respect to
indemnification, audits, reporting, data retention/reporting, 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 ERA2 Funds, or return the entire request to SUBRECIPIENT, until such documentation
and reporting has been received and approved by CITY.
(1) Reduction in ERA2 Funding. The CITY reserves the right to reduce the
amount of ERA2 Funds to SUBRECIPIENT, or to completely terminate this Agreement, in the
CITY's sole discretion, if there is a reduction in ERA2 Funds provided to the CITY.
(2) Reduced Distribution of Funds. 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 term. Amendments in the grant
allocation will be made after consultation with SUBRECIPIENT.
(3) Reversion of Assets. SUBRECIPIENT agrees that any and all funds received
under this Agreement shall be disbursed during the Term of this Agreement, and that any and all
funds remaining as of the end of the Term, which have not been disbursed, shall be returned by
SUBRECIPIENT to the CITY within thirty (30) days of the expiration or earlier termination of the
Agreement. No expense of SUBRECIPIENT will be reimbursed by CITY if incurred after the end
of the Term of the Agreement.
(4) Interest on Funds. ERA2 Funds made by Treasury to local governments, Tribes,
and TDHEs are not subject to the requirement of 2 CFR 200.305(b)(8)-(9) to maintain balances in an
interest -bearing account and remit payments to Treasury.
E. Grant Program Requirements.
(1) SUBRECIPIENT acknowledges that the source of funding for said program is the
federal ERA2 Funds, and that payments from the ERA2 Funds are only to be used to rnake necessary
expenditures incurred due to the public health emergency with respect to COVID-19 in compliance
with Section 3201(a) of the American Rescue Plan Act of 2021, the Department of Treasury's
Frequently Asked Questions, and the CARES for Tenants Program Guidelines and Frequently
Asked Questions established for said program.
(2) SUBRECIPIENT acknowledges that ERA2 Fund provisions allow the use of
ERA2 Flwds for expenses associated with the provision of rental assistance in connection with the
COVID-19 public health emergency, and will not use these funds for any other uses
(3) SUBRECIPIENT shall follow the process and determination of eligibility for
participants in said program as outlined in Exhibit A and Section 3201(a) of the American Rescue
Plan Act of 2021, the Department of Treasury's Frequently Asked Questions, and the CARES for
Tenants Program Guidelines and Frequently Asked Questions established. for said program.
(4) CITY entered into a U.S, Department of the Treasury Emergency Rental
Assistance Agreement receiving and recognizing the CITY Allocation of ERA2 Fluids to be used by
CITY to provide rental assistance. A true and correct copy of the U.S. Department of the Treasury
Emergency Rental Assistance Agreement is attached hereto as Exhibit H and incorporated herein by
this reference. Subrecipient has been made aware ofthe 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 ERA2 Funds, including amendments or addendums to said Agreement, if any. City will
provide notice of any such amendments or addondums to said Agreement to Subrecipient, and such
notice will be sufficient to incorporate such amendment or addendum into this Agreement.
F. Performance Monitoring.
(1) The subrecipient monitoring and management requirements set forth in 2 CFR
200.331-200.333 will apply to SUBRECIPIENT. SUBRECIPIENT shall submit program
performance information as often as requested by CITY, but no less than the submission of weekly
reports and a final report to CITY with the information requested by and in the format acceptable to
CITY. Each weekly report is due within three (3) business days of completion of work for each week.
The final report is due within thirty (30) days after the termination or expiration of this Agreement.
(2) CITY will evaluate SUBRECIPIENT's management and operation of said
program on factors, including but not limited to grant volume, disbursed funds, management,
reporting and strategic results with respect to the project expectations as described in Exhibit A.
(3) CITY will review the audit of the SUBRECIPIENT to ensure that grant funds are
used for authorized purposes in compliance with laws, regulations, and the provisions of contracts or
grant agreements under this Agreement, including attachments and exhibits.
(4) If action to correct any substandard perfonnance is not taken by the
SUBRECIPIENT within a reasonable period after being notified by CITY, suspension or termination
procedures maybe initiated by CITY.
(5) All performance shall be subject to review by the CITY or other regulatory
agencies at all times. SUBRECIPIENT shall provide adequate cooperation to any inspector or other
CITY representative to permit the same to determine SUBRECIPIENT's conformity with the terms
of this Agreement. If any services performed by SUBRECIPIENT are not in conformance with the
terms of this Agreement, the CITY shall have the right to require SUBRECIPIENT to perform the
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services in conformance with the terms of the Agreement at no additional cost, The CITY may also
terminate this Agreement for default and charge SUBRECIPIENT for any costs incurred by the CITY
because of SUBRECIPIENT's failure to perform,
(6) SUBRECIPIENT shall establish adequate procedures for self -monitoring and
quality control and assurance to ensure proper performance under this Agreement; and shall permit a
CITY representative or other regulatory official to monitor, assess, or evaluate SUBRECIPIENT's
performance under this Agreement.at any time, upon reasonable notice to SUBRECIPIENT.
G. Audit.
(1) SUBRECIPIENT shall maintain complete and accurate records and supporting
documentation to facilitate financial and/or program audits by CITY. This requirement shall apply
to any records and documentation CITY shall reasonably require or as required to be maintained
pursuant to the ERA2 regulations,
(2) The books and accounts, files, and other records of SUBRECIPIENT, which are
applicable to this Agreement, shall be available for inspection, review, and audit during normal
business hours by CITY to determine the proper application and use of all ERA2 Funds provided to
or for the account or benefit of SUBRECIPIENT.
(3) SUBRECIPIENT assumes responsibility for reimbursement to CITY a sum of
money equivalent to the amount of any expenditures disallowed should the CITY, or an authorized
agency, rule through audit, exception, or some other appropriate means, that expenditures from funds
allocated to SUBRECIPIENT for direct and/or administrative costs were not made in compliance
with the applicable cost principles, regulations, or the provisions of this Agreement.
(4) SUBRECIPIENT agrees to comply with the requirements of OMB Uniform
Guidance 2 CPR Part 200. SUBRECIPIENT further agrees to provide CITY with a copy of
completed independent auditors' report within thirty (30) days of CITY's request for such report. If
the report contains instances of non-compliance with federal laws and regulations that bear directly
on the performance or administration of this Agreement, SUBRECIPIENT shall provide CITY copies
of responses to auditors' reports, a plan for corrective action, and auditors' response that the
noncompliance has been resolved. All reports prepared in accord with the requirements of OMB
Uniform Guidance 2 CFR Part 200 shall be available for inspection by representatives of CITY or the
federal government during normal business hours.
(5) All accounting records, reports, and evidence pertaining to all costs, expenses
and the ERA2 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 of 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.
H. Ownersbip/Use of Materials. SUBRECIPIENT agrees that all materials, reports or
products in any form, including electronic, created by SUBRECIPIENT for which
SUBRECIPIENT has been compensated pursuant to this Agreement shall be the sole property of
the CITY. The material, reports, or products may be used by the CITY for any purpose that the
.CITY deems to be appropriate, including, but not limit to, duplication and/or distribution within
the CITY or to third parties. SUBRECIPIENT agrees not to release or circulate in whole or part
such materials, reports, or products without prior written authorization of the CITY.
I. Close -Out. 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 this Agreement;
(2) SUBRECIPIENT must promptly refind any balances of unobligated cash that
the CITY paid in advance or paid and that is not authorized to be retained by SUBRECIPIENT for
use in other projects (See OMB Circular A-129 and 2 CFR §200.345); and,
(3) CITY should complete all closeout actions for the Federal award no later than
one year after receipt and acceptance of all required final reports.
II. SUBRECIPIENT'S OBLIGATIONS
A. Representations and Warranties.
(1) Authority. SUBRECIPIENT is a duly organized and existing nonprofit
organization 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 funding
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.
(2) Experience. SUBRECIPIENT is qualified to provide the administrator services
for said program detailed herein.
(3) Familiarity With Services Required. By executing this Agreement,
SUBRECIPIENT warrants that: (i) it has thoroughly investigated and considered.the administrator
services to be performed and provided for said program as detailed in Exhibit A; (ii) it has
carefully considered how the services should be performed; and, (iii) it fully understands the
facilities, difficulties and restrictions attending performance of the services under this Agreement.
(4) Noa Conflict. To the best of SUBRECIPIENT'S knowledge
SUBRECIPIENT'S not coIstitu execution, delivery and performance of its obligations under this Agreement
will 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.
(S) No Bankruptcy. SUERECIPIENT is not the subject of any current or
threatened bankruptcy proceeding,
current or threatenedplitigation that pwoulddo g ay
is not the subject of a
ni
Performance under this Agreement, Y materially affect SUBRECIPIENT'S
(7) Proposal Veracity. All provisions of and information provided in
SUBRECIPIENT's management proposal submitted to CI correct in all material respects. TY, including any exhibits, are true and
subject
(8) No Pending Investigation. SU13RECIPIENT has no knowledge that it is the
including g any current or threatened criminal or civil action investigation by any public agency,
without limitation a police agency or prosecuting authority, which would relate to or
affect performance of the Agreement or provision of services hereunder.
B. Licensing_ SUBRECIp1ENT agrees to obtain and maintain all required licenses,
registrations, accreditation and inspections from all agencies governing 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 busines
Program. s license, as
applicable. CITY shall provide a license to the application sotiware used for the CARES for Tenants
C. Zoning, SUBRECIPIENTagteesthatanyfacility/propertyusedinfiutheranceofsaid
SU 3RE shall be specifically zoned and permitted for such use(s) acid activities, Should
SUBRECIPIENT fail to have the required land entitlement and/or permits, thus violating any local,
state or federal rules.and regulations relating thereto, SUBRECIPMNT shall irnmediatelymake good'
faith efforts to gain compliance with local, state or federal riles and regulations following writicn
shall
of said violations) from the CITY or other authorized citing agency, SUBRECIPIBNT
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
hereunder. SU13RECIPIENT must make all corrections required to bring the facili grant
funding
compliance with the law within sixty (60) days of notification of flue viothe facili f/Pr e rt gain
compliance within such time shall result in termination of grant fending hereunder.
D. Separation o��eo�ts. All funds received by SU13RECIPIENT from CITY pursuant
to this Agreement shall be maintained in ,funds
in a federally insured banking or savings and
loan institution with record keeping of such accounts maintained pursuant to applicable 2 CFR
ERA2 2 requirements. SU13RECIPIENT is not required to maintain separate depository accounts for
ERA2 Funds; provided
distribution gird exphowever, the SUBRECIPIENT must be able to account for receipt, obligation,
however,
of ERA2 Funds pursuant to applicable 2 CFR 200.302 requirements.
E. Audit Report Re� ou, irc nts. SUBRECtpMNT agrees that if SUBRECIPIENT
expends Seven Hundred Fifty Thousand Dollars ($750,000) or more in federal fiords,
SUBRECIPIENT shall have an annual audit conducted by a certified public accountant in
with the standards as set forth and published by the United States Office of Manaccordance
SUBRECIPIENT shall provide CITY with a copy of said audit by April agement and Budget.
1 of the year following
Program Year in which this Agreement is executed. the
being
Core l& with Law/Proerarn Income. SUBRECIPIENT acknowledges that the
fluids being provrded by CITY for said program are received by CITY Pursuant to the E
that distribution and expenditure of these ERA2 Funds shall be m accordance with the ERA2 annand
d 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. An
am in
SUBRECIPIENT shall be returned to CITY, unless otherwise Provided for in this received
Agreement,
SUBRECIPIENT agrees to comply fully with all federal, state and local laws and Dotal orders
applicable to its operation and administration of said program, whether or not referred to r in this
Agreement.
G• Deba?me_nt. 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 Exetivo
anent", which is attached hereto Order 12549
"Debarment and Suspension", See also 24 CFR 570.609, SUBRECIPIEcu
NT must review and sign
Exhibit E "Debaiand SUBRECIPIENT shall be in good standing without susincorporated herein by this reference.
Franchise Tax Board or Internal Revpension by the California Secretary o enue Serf State,
Service. Any change in the corporate status or suspension
Of SUBRECIPIENT shall be reported immediately to CITY.
H. Confid, entialltY. Without prejudice to any other provisions of this Agreement,
SUBRECIPIENT shall, where applicable, maintain the confi dential nature Of information provided
to it concerning participants in accordance with the requirements of federal and state law.
However, SUBRECIPIENT shall submit to CITY its representatives, all re
or including audit, examinations, monitoring and verificcords requested,
ations of reports submitted by
SUBRECIPIENT, costs incurred and services rendered hereunder.
I, firdependcnt^ Cei�tor SUBRECIP ENT a
hereunder is rendered in its capacityagrees that the Performance
obligations
rformance ofligations
CITY. as'an independent contt Tees and that in no way agent of
J. Violation ofTerms d Conditions. SUBRECIPIENT agrees thatifSUBRECIPIENT
violates any of the terms and conditions of this Agreement or any prior Agreement Whereby ERA2
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 it
omissions causing the disallowance and ropey CITY all amounts spent in violation thereof. If
SUBRECIPIENT engaged in fraudulent activity to obtain and/or justify distribution or expenditure
Of the ERA2 Funds granted hereunder, SUBRECIPIENT shall be required to reimburse the CITY of
all such funds that were obtained, distributed and/or spent under fraudulent circumstances.
K. Fraud. SUBRECIPIENT shall immediately report all suspected or .known instances
and facts concerning possible fraud, abuse or criminal activity related to said program for the ERA2
Funds under this Agreement.
L. Prohibited ( Ts , SUBRECIPNT herebyERA2 Sands Provided through this
Prohibited uses. Agreement to pay forcertintuse
ertainentnd �meals or ees that gifts�loxootlrer
M• Lobbing. dSUBRECIPIENT certifies that it will comply with federal law (31 U.S.C.
expended
and regulations found ate CFR Part 87, which provide that no appropriated funds maybe
expended by the recipient of a federal contract, grant, loan or cooperative agreement to pay anyperson
for influencing or attempting to influence an officer or employee of any agencof Congress,
y, Member
or an officer or employee of a Member of Congress in connection with awarding 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 and ffiNT shall sign a certification to that effect in a form as sot forth in Exhibit
signed
attached hereto and by this reference incorporated herein. SUBRECIPIENT shall submit said
signed certification to CITY prior to performing any of its obligations under this Agreement and prior
to any obligation arising on the part of CITY to pay any sums to SUBRECIPIENTisAgreement
under the terns
and conditions of thus Agreement.
If any funds other than Federal appropriated funds have b
anyperson far inflcon paid or will be paid to
uencing or attempting to influence an officer or employee of any agency, a Member
of Congress, all 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 F).
N. Financial SUBRECIPIENT agrees that except for the use of administrative
fees to pay salaries and -'Other administrative or personnel costs, no persons who exercise or
have exercised any function with respect to administering said program i der the terms exercise
this
Agreement, or who are in a position to participate in a decision -making process or gain inside
information with regard to the administration of said program, may obtain a financial interest or
benefit from said program, 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, ar of any
designated public agency, or the SUBRECIPIENT.
C. Labor Surds, The SUBRECIPIENT agrees to comply with the requirements of
the Secretary of Labor in accordance with the Davis -Bacon Act as amended, the provisions of
Contract Work .Hours and Safety Standards Act (40 U.S.C. 327 of seq.) and all other applicable
Federal, state and local laws and regulations pertaining to labor standards insofar as those acts
apply to the performance of this Agreement. The SUBRECIPIENT agrees to comply with the
Copeland Anti -Dick Back Act (18 U.S.C. 874 et seq.) and its implementing regulations of the U.S.
Department of Labor at 29 CFR Part 5. The SUBRECIPIENT shall maintain documentation that
demonstrates compliance with hour and wage requirements of this part. Such documentation shall
be made available to the CITY for review upon request.
P. Equal Employment Opportunities, SUBRECIPIENT shall make every effort to
ensure that all projects funded wholly or in part by ERA2 Funds shall provide equal employment
opportunities for minorities and women.
Q. Women and Minority -Owned 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 CPR 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 fifty-one percent (51%) owned and controlled by minority
group members or women. For the purpose of 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.
R. Drug Free Workplace. SUBRECIPIENT agrees to provide a drug -free workplace and
to execute a certification as set forth in Exhibit G attached hereto and incorporated herein by this
reference.
S. Uniform Administrative Requirements, Cost Principles, and Audit Requirements
for Federal Awards. 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
with the requirements of 2 CFR 200.318-326.
III. CITY'S OBLIGATIONS
A. Audit of Account. CITY shall include an audit of the account maintained by
SUBRECIPIENT in CITY's audit of all ERA2 Funds in accordance with Title 24 of the Code of
Federal Regulations and other applicable federal laws and regulations.
B. Common Rule: Pursuant to 2 CFR 200.328(a), the CITY manages the day-to-day
operations of each grant and subgrant supported activities. CITY staff has detailed knowledge of the
grant program requirements and monitors grant and subgrant supported activities to assure
compliance with federal requirements. Such monitoring covers each program, function and activity
and performance goals are reviewed periodically.
C. Project Expectations: CITY shall monitor the performance of SUBRECIPIENT
against goals and performance standards required herein. The SUBRECIPIENT shall be
10
responsible to accomplish the project expectations asset forth in Exhibit A, and report such results
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 will constitute non-
compliance with 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 will be
initiated.
IV. GENERAL PROVISIONS
A. Non -Discrimination,
1. 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 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 provided by the SUBRECIPIENT setting forth the
provisions of this nondiscrimination clause.
2. SUBRECIPIENT agrees to comply with Title VI of the 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 anyprogram of activity
receiving federal financial assistance.
3. 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 under
Section 109 of Housing and Community Development Act of 1974, as amended.
4. 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 provided by the SUBRECIPIENT setting forth the provisions of this age
discrimination clause.
5. 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 Service.
B. 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 of any ERA2 Funds granted to the CITY,
inclusive of the subject ERA2 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
writing prior to the execution of this Agreement and said writing shall be attached and deemed fully
incorporated as a part hereof. Notice shall be sent by SUBRECIPIENT to CITY regarding any
changes or modifications to its board of directors and list of officers.
C. Special Certification for Religious Entities. If SUBRECIPIENT is a religious entity,
SUBRECIPIENT hereby agrees that in connection with the provision of the services
SUBRECIPIENT shall provide with ERA2 Funds, in accordance with 24 CFR 570.2000):
1. SU13RBCIPIENT 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.
2. SUBRECIPIENT shall not discriminate against any person applying for the
services SUBRECIPIENT agrees to provide tinder the terms of this Agreement on the basis ofreligion
and shall not limit such services or give preference to applicants for such services on the basis of
religion.
3. 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.
4. 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.
5. Where the services to be provided under said program are rendered on properly
owned by the primarily religious entity SUBRECIPIENT, ERA2 Funds may also be used for minor
repairs to such property, which are directly related to the cost of rendering the services under said
12
program, where the cost constitutes in dollar terms only an incidental portion of the ERA2 expenditure
for rendering the services under said program.
D. Prohibition of Nepotism. SUBRECIPIENT agrees not to hire or permit the hiring of
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, father-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, luring,
supervisor or management responsibilities.
E. 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 Ana
Steven Mendoza
Executive Director
Community Development Agency
20 Civic Center Plaza
F.O. Box 1988
Santa Ana, California 92702-1988
TO SUBRECIPIENT: South County Outreach
7 Whatney, Suite B,
Irvine,: CA 92618
Tel: (949) 380-8144
F. Assi ang bility. 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 legal obligations of SUBRECIPIENT pursuant to this Agreement.
G. Indemnification/Hold Hanuless, SUBRECIPIENT shall indemnify, defend and save
harmless CITY, its officers, employees, agents, representatives and volunteers from mud 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 wrongiVI acts, errors or
omissions of SUBRECIPIENT, its officers, directors, employees, agents, subcontractors and
suppliers arising out of SUBRECIPIENT's performance of this Agreement.
H. Insurance.
13
1. Commercial General Liability. SUBRECIPIENT 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: (1) 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 above; (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.
(i) Certificates shall list the City as a Certificate Holder as
follows:
City of Santa Ana
Risk Management Division
20 Civic Center Plaza, 4th Floor
Santa Ana, CA 92701
2. Automobile Liability Coverage. 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 owned/leased 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 insarance coverage for injuries
14
suffered by participants. Said insurance policy shall guarantee CITY at least thirty (30) days
written notice of cancellation or modification.
4. Proof of Insurrance. Certificates and endorsements must be submitted and
approved by CITY prior to any work under this Agreement. SUBRECIPIENT understands that
CITY will make no payments under this Agreement until the required certificates and
endorsements have been approved by CITY.
I. Termination.
I. This Agreement maybe terminated on thirty (30) 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 affective date of termination.
2. This Agreement may be suspended or terminated by CITY upon five (5) days'
written notice for violation by SUBRECIPIENT of Federal Laws governing the use of ERA2 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.
3. Pursuant to 2 CFR 200.340, in the event SUBRECIPIENT defaults by failing 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. If 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
performed prior to the mailing or service of the notice of termination, and except for reimbursement
of: (1) any payments made for services not subsequently performed in a timely and satisfactory
manner; and, (2) costs incurred by CITY in obtaining substitute performance.
4. The grant of fords under this Agreement maybe terminated for convenience by
either the CITY or SUBRECIPIENT, in whole or in part, by setting forth the reasons for such
termination, the effective date, and, in the case of portion termination, their portion to be terminated.
However, if in the case of a partial termination, the CITY determines that the remaining portion of
the award will not accomplish the purpose for which the award was made, the CITY may terminate
the award in its entirety.
5. The grant of funds under this Agreement may be tennivated due to the non-
performance of SUBRECIPIENT and/or failure of SUBRECIPENT to perforn the work described
in Exhibit A or failure to meet the project expectations set forth in Exhibit A.
6. The grant of fiords under this Agreement maybe terminated due to the failure of
the CITY to receive sufficient or anticipated funding for the ERA2 program for any term subject to
this Agreement.
15
7. In the event this Agreement is terminated as set forth in subparagraphs I(1)
through I(6), inclusive, SUBRECIPIENT agrees to immediately return to CITY upon CITY's demand
and prior to any adjudication of SUBRECIPIENT's rights, any and all funds not used, and to comply
with the Reversion of Assets requirements in this Agreement.
J. Limitation of Funds. The United States of America may. in the future place
programmatic or fiscal limitations on the use of ERA2 Funds, which limitations are not presently
anticipated. Accordingly, CITY reserves the right to revise this Agreement in order to take account
of actions affecting ERA2 funding. In the event of funding reduction; CITY may, in its sole and
absolute discretion, reduce the budget of this Agreement, may limit the rate of SUBRECIPIENT's
authority to disburse funds, or may restrict SUBRECIPIENT's use of uncommitted funds. Where
CITY has been directed to implement a reduction in funding, 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 permitted to de -scope accordingly.
Where CITY has reasonable grounds to. question SUBRECIPIENT's fiscal accountability or
compliance with this Agreement, CITY may suspend the operation of this Agreement for up to sixty
(60) days upon five (5) days 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
affect 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 ERA2 Funds withdrawal
guidelines.
K. 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
ERA2 Fiords by SUBRECIPIENT and contains all the covenants and agreements between the parties
with respect to SUBRECIPIIENT's administration of said program. Each party to this Agreement
acknowledges that no representations, inducements, promises or agreements, orally or otherwise,
have been made by any party, or anyone acting on behalf of any party; which are not embodied herein,
and that no other agreement or amendment hereto shall be effective unless executed in writing and
signed by both CITY and SUBRECIPIENT.
L. Laws Governing this Agreement. This Agreement shall be governed by and construed
in accordance with the laws of the State of California, and all applicable federal laws and regulations.
M. Validity and Severability. The invalidity in whole or in part of any provision of this
Agreement shall not void or affect the validity of any other provision of this Agreement. Whenever
possible, each provision of this AGREEMENT shall be interpreted in such manner as to be
effective and valid under applicable law, but if any provision of this AGREEMENT is held to be
prohibited by or invalid under applicable law, such provision shall be ineffective only to the extent
of such prohibition or invalidity, without invalidating the remainder of such provisions of this
AGREEMENT.
N. 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
16
this Agreement shall impair any such right or power or be construed to be a waiver thereof. A
waiver by either of the parties hereto of any of the covenants, conditions, or agreements to be
performed by the other shall not be construed to be a waiver of any succeeding breach thereof or
of any other covenant, condition or agreement herein contained.
O. Federal Award Identification Information, SUBRECIPIENT's pertinent Federal
Award Identification Information, including DUNS Number and Federal Award Identification
Number (FAIN), as well as the applicable information for the ERA2, are included in Exhibit D
attached hereto and incorporated herein by this reference.
P. Miscellaneous Provisions.
1. 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 terms 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.
2. All Exhibits and Attachments referenced herein and attached hereto shall he
incorporated as if fully set forth in the body of this Agreement.
3. This Agreement must be signed below and may be signed in counterpart and
delivered by fax, email as a PDF (Portable Document Format) file attachment, or by other means that
displays the original or a copy of the signatures. Any subsequent amendments may be signed and
delivered in the same manner.
(Signatures on following page)
17
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the last date and
year written below.
DAISY GOMIAVZ
Clerk of the Council
APPROVED AS TO FORM:
SONIA R. CARVALHO
CityAqmey A
0
City
FOR APPROVAL:
STEVEN MENDOZA
Executive Director
Community Development Agency
CITY OF SANTA ANA
KRISTINE RIDGE
City Manager
SUBRECIPIENT:
LaVal Brewer
President & CEO
DUNS #: 806928511
W.,
EXHIBIT A
SCOPE Or WORK
19
City of Santa Ana ERA2 Scope of Work
August 1, 2021 - March 31, 2022
Name of Organization
Name of Funded Program
Performance Goal
Undue u licated Part anticipated to be served during the 8-month Schedule of Performance.
298 TOTAL �� 29jsan�ta Ana Par tici ants 100°l0 29II Low Income Padicipants 100%
Schedule of Performance
Unduplicated
(estimated)
Month 1: AUG 1 -AUG 31
Month 2; SEP 1 - SEP 30
Month 3: OCT 1 - OCT 31
Month 4: NOV 1 - NOV 30
Month 5: DEC 1 - DEC 31
Month 6: JAN 1 - JAN 31
Month 7: FEB 1 -FEB 28
Month 8: MAR 1 - MAR 31
Program and Funding Description
Administrative
Costs
$
16,341 59
$:'
15,341,59
$
15,341.59
$
15341.59
$
15,341,69
$
15,341.59
I
15 341,59
$
1534159
$
122,732j
Families at risk of homelessness due to afinancial crisis because of COVID-19 are eligible for a one-time payment of 100%
of their rental arrears/past due rent owed since April 1, 2020, payable to their landlord on their behalf or directly to the
family if the landlord refusestoparticipate,
-South County Outreach will prioritize new applicants according to Area Median Income (AMI), with 50% AMI resident
applications being reviewed first.
-South County Outreach will administer $1,490,325.60 in direct financial assistance for approximately 298 families. The
total assistance available per household is equal to 100% of their rental arrears/past due rent owed since April 1, 2020, up
to a maximum of 15 months, The number of 298 families to be assisted assumes that the average rental arrears per family
equals $5,000 per household. The total number of families assisted will vary according to the total amount of past due
rent approved per household.
South County Outreach will assist households with rental arrears/past due rent due to the COVID-19 global pandemic up
to the maximum amount of $1,490,325,60 in direct financial assistance by providing a one-time payment for past due rent.
-Direct assistance may only be approved in compliance with Section 3201(a) of the American Rescue Plan Act of 2021, the
Department of Treasury's Frequently Asked Questions, and the CARES for Tenants Program Guidelines and Frequently
Asked Questions established for the Program.
Eligibility Criteria:
-Santa Ana resident with an obligation to pay rent
-Household income below 80% of the area median income (with a priority for residents with income below 50% of the
Area Median Income)
-A household member that has a reduction of Income or other financial hardship due to COVID-19
-At risk of experiencing homelessness or housing instability
Program Details:
-Residents will apply online via the Neighborly Software application portal available on the City of Santa Ana's website
following the CARES for Tenants Program Guidelines and Frequently Asked Questions.
-South County Outreach will determine the eligibility of applicants for the program, Including:
application review; eligibility verification; collection of required supporting documentation; communication/coordination
EXHIBIT A
with the applicant; coordination with the applicant's landlord for the tenant's lease/sublease agreement, past due rent
amount, and rent ledger; general determination of eligibility of the applicant.
-South County outreach is responsible to ensure that each tenant is qualified and determined eligible In compliance with
Section 3201(a) of the American Rescue Plan Act of 2021, the Department of Treasury's Frequently Asked Questions, and
the CARIES for Tenants Program Guidelines and Frequently Asked Questions established for the Program.
-After the family Is determined eligible, South County Outreach will approve the applicant for assistance in the Neighborly
Software application portal and the City will send the approved application information to the United Way of Orange
County who will act as the payor and make payment to the tenant's landlord on behalf of the tenant after all required
landlord documentation/information is received. The United Way of Orange County will make payment to the tenant If
the landlord refuses to participate in the program.
South County Outreach will submit Invoices for reimbursement of administrative expenses on a monthly basis
-ERAP funding will generally be used for administrative expenses for South County Outreach to determine the eligibility of
tenants for $1,490,325.60 In direct financial assistance.
Reporting Details:
-South County Outreach will provide weekly updates (performance reports) to the City and will ensure that all applicant
Information Is correct, complete and curent for all applications assigned to them In Neighborly Software.
South County Outreach will monitor the payment approvals such that no more than $1,490,325.60 in direct financial
assistance is approved for eligible tenants. Any additional payments approved by South County Outreach beyond
$1.,490,325.50 in direct financial assistance will be charged back to South County Outreach as an administrative expense.
EXHIBITA
EXHIBIT B
COMPENSATION/PAYMENT
20
PROGRAM BUDGET
Organization Name South County Outreach
Program Name CARES for Tenants
EXPENDITURES
Enter budget categories and projected expenditures for the proposed uroeram:
Expenditures
Funded By
Expenditures
Total
Santa Ana
Funded By
Program
Organization
Category
ERAP
Other Sources
Budget
Budget
Administrative costs attributable to
providing Direct Financial Assistance
$122,732
$122,732
$ 122,732
$0
$
$0
$0
$
I $0
'$
$
$0
$
TOTAL BUDGET
$122,732
$U
$122,732
$122,732
PROGRAM RESOURCES
LIST ALL OTHER PROGRAM RESOURCES
Funding Source Total must equal Program Budget Total listed above.
FUNDING SOURCE AMOUNT
Santa Ana ERAP $ 122,732
TOTAL $ 122,732
EXHIBIT B
ERA2 BUDGET LINE ITEMS
ADMINISTRATIVE STAFF
Position Title
Annual Salary
& Benefits
ERAP Funds
Requested
Description
Application review; eligibility verification; collection of
required supporting documentation;
Administrative costs
communication/coordination with the applicant;
attributableto approving
$ 122,732
coordination with the applicant's landlord for the
families for Direct Financial
tenant's lease/sublease agreement, past due rent
Assistance
amount, and rent ledger; general determination of
eligibility of the applicant; and administrative fee to staff
the program
PROGRAM STAFF
Annual Salary ERAP Funds
Position Title & Benefits Requested Description
CONTRACTUAL/PROFESSIONAL SERVICES
Type of Service
Contract
Amount
ERAP Funds
Requested
Description
OTHER LINE ITEMS
Line Item
Program
Amount
ERAP Funds
Requested
Description
EXHIBIT B-1
EXHIBIT C
(Estimated)
Month 1: AUG 1 -AUG 31
Month 2: SEP 1 - SEP 30
Month 3: OCT 1 - OCT 31
Month 4: NOV 1 - NOV 30
Month 5: DEC 1 - DEC 31
Month 6: JAN 1 - JAN 31
Month 7: FEB 1 -FEB 28
Month 8: MAR 1 -MAR 31
21
FAIN INFORMATION
A.
CONTRACTOR Name:
South County Outreach
B
CONTRACTOR'S Unique
806928511
Identifier (D-U-N-S):
Federal Award
C.
Identification Number
(TAIN):
D.
Federal Award Date:
May 10, 2021
E.
Subaward Period of
Performance:
August 1, 2021— March 31, 2022
Total Amount of Federal
F.
Funds Obligated by the
$1,613,058.30
Action:
Total Amount of Federal
G.
Funds Obligated to the
$1,613,058.30
CONTRACTOR:
H.
Total Amount of the
$14,026,593
Federal Award:
I
Federal Award Project
Department of Treasury Emergency Rental Assistance
Description:
Program
J.
Federal Awarding Agency:
U.S, Department of the Treasury
K.
Name ofPTE:
L.
Contact Information for the
Awarding Official:
Judson Brown, Housing Division Manager
Phone Number:
(714) 667-2241
E-mail Address:
jbrownQsanta-ana.org
M.
CFDA Number:
21.023
CFDA Name:
Department of Treasury Emergency Rental Assistance
Program
N.
Whether Award is R&D:
No
O'
Indirect Cost Rate for the
N/A
Federal Award:
22
t
Certification Regarding
Debarnient, Suspension, Ineligibility and Vohmtary Exclusion
:Lower Tier Covered Transactions
This certification is required by the regulations implementing Executive Order 12549, Debarment and
Suspension, 29 CFR Part 98, Section 98,510, Participants' responsibilities. The regulations were
published as Part VII of the May 26,1988 Federal Regist (pages 19160-19211).
(BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS FOR CERTIFICATION -
Attached)
(1) The prospective recipient of federal assistance funds certifies, by submission of this proposal,
that neither it nor its principals are presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded fiom participation in tlus transaction by any
federal department or agency.
(2) Where the prospective recipient of federal assistance funds is unable to certify to any of the
statements in this certification, such prospective participant shall attach an explanation to this
proposal.
Name and Title ofAuthorized Representative
23
INSTRUCTIONS FOR CERTIFICATION
By signing and submitting this proposal, the prospective recipient of federal assistance funds
is providing the certification as set out below,
2. The certification in this clause is a material representation of fact upon which reliance was
placed when this transaction was entered into. If it is later determined that the prospective
recipient of federal assistance funds knowingly rendered an erroneous certification, in
addition to other remedies available to the Federal Government, the Department of Labor
(DOL) may pursue available remedies, including suspension and/or debarment.
3. The prospective recipient of federal assistance funds shall provide immediate written notice
to the person to which this proposal is submitted if at any time the prospective recipient of
federal assistance funds learns that its certification was erroneous when submitted or has
become erroneous by reason of changed circumstances.
4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered
transaction," "participant," "person," "primary covered transaction," "principal,'" "proposal,"
and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions
and Coverage sections of rules implementing Executive Order 12549. You may contact the
person to which this proposal is submitted for assistance in obtaining a copy of those
regulations.
5. The prospective recipient of federal assistance funds agrees by submitting this proposal that,
should the proposed covered transaction be entered into, it shall not knowingly enter into any
lower tier covered transaction with a person who is debarred, suspended, declared ineligible,
or voluntarily excluded from participation in this covered transaction, unless authorized by
the DOL.
6. The prospective recipient of federal assistance funds further agrees by submitting this
proposal that it will include the clause titled "Certification Regarding Debarment, Suspension,
Ineligibility and voluntary exclusion - Lower Tier Covered Transactions," without
modification, in all lower tier covered transactions and in all solicitations for lower tier
covered transactions.
A participant in a covered transaction mayrelyupon a certification of prospective participant
in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily
excluded fiom the covered transaction, unless it knows that the certification is erroneous. A
participant may decide the method and frequency by which it determines the eligibility of its
principals. Each participant may, but is not required to check the List of Parties Excluded
from Procurement or Non -Procurement Proerams,
8. Nothing contained in the foregoing shall be construed to require establishment of a system of
records in order to render in good faith the certification required by this clause. The
knowledge and information of a participant is not required to exceed that which is normally
possessed by a prudent person in the ordinary course of business dealings.
24
Except for transactions authorized under paragraph 5 of these instructions, if a participant in
a covered transaction knowingly enters into a. lower tier covered transaction with a person
who is suspended, debarred, ineligible, or voluntarily excluded from participation in this
transaction, in addition to other remedies available to the Federal Government, the DOL may
pursue available remedies, including suspension and/or debarment.
25
15T:i�fit�l
Certification Regarding Lobbying
Certification for Contracts Grants Loans and Coonerative Aareernents
The undersigned certifies, to the best of his or her knowledge and belief, that:
(1) 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, suhgrants, 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.
Grantee/Contactor
Name of Certifying Officer
Program Title
Date
26
SUBRECIPIENT warrants the following:
1. SUBRECIPIENT will comply with Public Law 88-352, Title VI of the Civil Rights Act of 1964
(42 U. S. C. section 2000 et seq.) and implementing regulation in 24 CFR Part 1.
2. No person in the United States shall on the ground of race, color, religion, national origin, or
sex, be excluded from participation in, or be denied the benefits of, or be subjected to
discrimination under any 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 1-5, except for
individualswho perform services for which they volunteered; do not receive compensation for
such services; or are paid expenses, 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.
27
EXMBIT G
DRUG -FREE WORKPLACE
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. I£ 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-frec 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.
(c) 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;
M-.
(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), (c) 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 shalt 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,
Authorized Signature Date
29
ON -121110111
i.I IN
The Contractor shall insert in the space provided below the site(s) expected to he 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):
30
EXRIBIT H
U.S. DEPARTMENT OF THE TREASURY EMERGENCY RENTAL
ASSISTANCE (ERA2) AGREEMENT
31
DocuSlgn Envelope ID: EB99EC9B-ABB4-4858-B206-013A01AFF1FB
OMB Approved No.: 1505-0270 U.S. DEPARTMENT Or, THE TREASURY
Expiration Date: 10/31/2021 EMERGENCY RENTAL ASSISTANCE
Eligible grantee name and address: DUNS Number: 083153247
City of Santa Ana Taxpayer identification Number: 956000785
20 Civic Center Plaza Assistance Listing Number and Title: 21.023-Emergency Rental Assistance
Santa Ana, California, 92701-0000 Program
Section 3201(a) of the American Rescue Plan Act of 2021, Pub, L. No. 117-2 (March 11, 2021), authorizes the Department of the
Treasury ("Treasury") to make payments to certain eligible grantees to be used to provide emergency rental assistance.
The eligible grantee hereby agrees, as a condition to receiving such payment from Treasury, to the terms attached hereto.
--nocualgned by,
t�VtS�iI W K1 d'"
Authorized Representative Signature (above)
[To be signed by chief'executive ofcer tf recipient is a local government.]
Authorized Representative Name:
Authorized Representative Title:
Date Signed:
U.S. Department of the Treasury:
Nance o£Autholri=A Ytelveaenta[ive Iacch Lelbeniuff
Title: Counselor to the Secradary
Date: 5/13/2021
Kristine Ridge
City Manager
5/10/2021
PAPERWORKREDUCTION ACT NOTICE: The Information collected will beused for the U.S. Crovermnent to process requests for support The estimated
burden associated with this collection of information is 15 urinates per response. Comments concerning the accuracy of tills brvdon estimate and suggestions
for reducing this burden should be directed to the Office 0fPdvacy, Transparency and Records, Department of the Treasury, 1500 Pennsylvania Ave., N.W.,
Washington, D.C. 20220. DO NOT send the form to this address. An agency may not conduct or sponsor, and a person is not required to respond to, a
collection of information unless it displays a valid control number assigned by Olv1E.
PRIVACY ACT STATEMENT
AUTHORITY:Solicitatlon of this information Is authorized by the American Rescue Plan Act of 2021, Title III, Pub. L. No. 117-2.
PURPOSE:Treasury is required by the American RescuoPlanAct of 2021 to identify eligible granteerdreclpients to provide emergencyrental assistaaceto
individuals who qualify forrelief underthe Act. Eligible granteesheciplents are state, Icon[, and territorial govenanonts which identify households requiring
relief according to requirernants contained in fire Act. Treasury maintains contact information for authorized representatives and contact persons for the
purpose of communicating with eligible grantees regarding issues related to implemontahon of the Act.
ROUTW E USES:The infrmation you furnish may be shared in accordance with the routine uses outlined in the Treasury's system of records notice, Treasury
.017 - Corrosis ndence and Contact Information, which can be found at 81 FR 78266 (Nov. 7, 2016).
DISCLOSURE: Disclosure of this information to Treasury is required in order to comply with tiro requiremetxts the American Rescue Plan Act of 2021.
Disclosure of this information is voluntary, however, grantecalreciplents that do not disclose contact information will bearable to communicate with Treasury
on issues related to their obligations under the Act and this may affect the status of their award.
Frane(neR. `, Digitally signed byFrancine R.
2 Villareal
Villareal -Date. 2021.08.1010.47:45
-07'00'
.4CORV CERTIFICATE OF LIABILITY INSURANCE
DATE iMM10DfrYYY,
7/28/2021
THIS CERTIFICATE IS ISSU ED 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 CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT. If the certificate holder Is an ADOITIONAL INSURED, the policy(les( must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may roquhe an endorsement. A statement on this certificate does not confer rights to the
certificate holder In lieu of such endomement(s).
PRODUCER
Conroy Ina Brokers & Risk Managars
2522 N. Santiago Blvd.
LiC#0543173
Orange CA 92067
NAME;
Christine Campbell
PANONE
S. (877)450-1.872 IFArc No), (71o8.e-016s
nano
ss,chxistinaciconxeyins. ooro
INSURERIS) AFFORDING COVERAGE
NAIC 0
W
INSURERA:Noar rofits Ins Alliance Of Ca
11845
INSURED
South County Outreach
7 Whatney, Ste B
Irvine CA .02610
INSURERS: E 1G ax8 Preferred Ins Co
10346
INSURERC:
INSURERD:
INSURERE:
INSURERF:
COVERAGES CERTIFICATE NUMBER:2D-21 NIAC-E6 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMEDABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OFANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOVM MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INBR
TYPE OF INSURANCE
DL
SUBRIPOLICY
POLICY NUMBER
EFF
MMlDOiYYYY
POLICY EXP
MMID Y
LIMITS
A
X
COMMERCIAL GENERAL LABILITY
CLAIMS -MADE OCCVR
EACN tlCOURRENCE
$ 1,OD0,000
OA AO T R NTED
PREMISES Ea..manee
$ 500,000
MED EXP(Any was emwe)
a 20,OD0
X
Y
2o2U-22UL5
11/1/2D20
11/1/2021
PERSONAL& ADV INJURY
a 1, ODD, 000
GENTAGOREGATE LIMITAPPLIES PER:
n
X POLICY LJ PEOT LOC
GENERALAGGREOATE
$ 2,000,000
PHODUCT8-COMPrDPAOG
$ 2,000,000
Employees n dts
$ 1,000,000
OTHER•
AUTOMOBILE LIABILITY
LIMIT
COaBm
9 11000,000
BODILY INJURY (Per renown)
a
ANYAUTO
ALL OS OWNED
AUTOSULED
2020-22015
11/1/2020
11/1/2021
BODILY INJURY(P. $odder)
I}
X HIREOAME X AUOTOsWNED
PR�OPEORTY OHMAGE
a
Unlnsumd m*,Ist mmbined ample
Is 1,000,000
UMBRELLALIAS
OCCUR
EACH OCCURRENCE
$
AGGREGATE
$
EXCESS LIAR
CLAIMS -MADE
DED RETENTION $
a
8
WORMERSCOMPENSATION
AND EMPLOYERS' LIABILITY YIN
ANY PROPRIETORIPARTNERIEXECUTIVE I
OFFICER/MEMBER EXCLUDED?
(Mandatary In NN)
WA
MIG273013802
11/1/2020
11/1/2021
IfPER-OTW
STATUT
E.L. EACH ACCIDENT
$ 1 000000
EL. DISEASE -EA EMPLOYEE
$ 11000,000
It domire untloc
E.L. DISEASE POLICY LIMIT
is 1,000,000
gs,
DESCRIPTION OFOPERATIONS Wow
A
PROFESSIONAL LIABILITY
2020-22015
11/1/2020
11/1/2021
EACH PROF INCIDENT LIMIT $1,000,000
AGGREGATS LIMIT 42,000,000
DESCRIPTION OFOPBRATIONS I LOCATION$ I VEHICLES (ACORO 1D1, Addiilowal Remark. S.Worla, may M Rlraahod IT more epoao Io roquims
CERTIFICATE HOLDER IS NAMED AS ADDITIONAL INSURED/PRIMARY AND NONCONTRIBUTORY PER ENDORSEMENT NIAC-E61 C219.
WAIVRR Or SUBROGATION APPLIES PER ENDORSEMENT NIAC-E26 1117 WHEN AGREED TO BY WRITTEN CONTRACT OR ACREEbIENT.
POLICY CONTAINS 30 DAY CANCELLATION CLAUSE. 10 DAYS NOTICE IN THE EVENT OF CANCELLATION FOR NON-PAYMENT,
*City of Santa Ana, officers, agents, employees, and volunteers are named as additionally insured on this
polioy pursuant to Written Contract, agreement, or alomorandum of understanding. Such insurance as is
afforded by this policy shall be primary, and any insurance carried by City shall be excess and
noncontributory.
City of Santa Ana
Risk Management Division
20 Civic Center plaza
Santa Ana, CA 92702
ACORD 25(2014101)
INS025 (201401)
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 REPREBENTATIVE
CampbelUCC
® 1988.2014 ACORD C I `¢�F� REVIEW�ED&APPROVED.iBY:
The ACORD name and logo are registered marks of ACORD 1�'4.84aF.
' Rak Mmnagemect Analyst
I .
KNONP OFIT'S
INSURANCE .
.AI:LIANC9 Of CALUORNIA.
AttaaVArinxpranee..11 HeeetJneNonpm%trs. POLICY NUMBER: 2020-22016
THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED
PRIMARY AND NON-CONTRIBUTORY
ENDORSEMENT FOR PUBLIC ENTITIES
This endorsement modifies Insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Person or Organization:
City of Santa Ana Risk Management Division, officers, agents, employees, and volunteers
20 Civic Center Plaza Santa Ana, CA 92702
A. Section II —WHO IS AN INSURED is amended to include:
4. Any public entity as an additional insured, and the officers, officials, employees, agents and/or volunteers
of that public entity, as applicable, who may be named in the Schedule above, when you have agreed in a
written contract or written agreement presently in affect or becoming effective during the term of this policy,
that such public entity and/or its officers, officials, employees, agents and/or volunteers be added as an
additional Insured(s) on your policy, but only with respect to liability for "bodily injury", "property damage" or
"personal and advertising injury" caused, in whole or in part, by:
a. Your negligent acts or omissions; or
b. The negligent acts or omissions of those acting on your behalf;
in the performance of your ongoing operations.
No such public entity or individual is an additional Insured for liability arising out of the sole negligence by
that public entity or its designated individuals, The additional Insured status will not be afforded with
respect to liability arising out of or related to your activities as a real estate manager for that person or
organization.
B. Section III — LIMITS OF INSURANCE is amended to include:
8. The limits of insurance applicable to the public entity and applicable individuals identified as an additional
lnsured(s) pursuant to Provision A.4. above, are those specified In the written contract between you and
that public entity, or the limits available under this policy, whichever are less. These limits are part of and
not in addition to the limits of insurance under this policy.
C. With respect to the insurance provided to the additional Insured(s), Condition 4. Other insurance of
SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS is replaced by the following:
4. Otherinsurance
a. Primary Insurance
This insurance is primary if you have agreed in a written contract or written agreement:
(1) That this insurance be primary. If other insurance is also primary, we will share with all that
other insurance as described in c. below; or
NIAC-E61 02 19
Risk ManagerneDivieton.
8 (ti��°REv EmDD&MPROv@BY: H t�l
Rulc Manac�emen€ An�lyrt
NONPROFiT$
INSURANCE
.AUL&MCE DF CALutoRVIA
d Rea0fir.Msumat& AAlaurr/oemonpropts. POLICY NUMBER: 2020-22015
(2) The coverage afforded by this insurance is primary and non-contributory with the additional
Insured(s)' own insurance.
Paragraphs (1) and (2) do not apply to other Insurance to which the additional insured(s) has been
added as an additional insured or to other insurance described in paragraph b. below.
b. Excess Insurance
This insurance is excess over,
1. Any of the other insurance, whether primary, excess, contingent or on any other basis:
(a) That Is Fire, Extended Coverage, Builder's Risk, Installation Risk or sirrrllar coverage for
"your work";
(b) That is fire, lightning, or explosion insurance for premises rented to you or temporarily
occupied by you with permission of the owner;
(c) That is insurance purchased by you to cover your liability as a tenant for "property damage"
to premises temporarily occupied by you with permission of the owner; or
(d) If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent
not subject to Exclusion g. of SECTION 1— COVERAGE A — BODILY INJURY AND
PROPERTY DAMAGE.
(a) Any other insurance available to an additional insured(s) under this Endorsement covering
liability for damages which are subject to this endorsement and for which the additional
Insured(s) has been added as an additional Insured by that other insurance.
(1) When this insurance is excess, we will have no duty under Coverages A or B to defend the
additional insured(s) against any "suit" if any other insurer has a duty to defend the additional
insured(s) against that "suit". if no other insurer defends, we will undertake to do so, but we will
be entitled to the additional insured(s)' rights against all those other insurers.
(2) When this insurance is excess over other insurance, we will pay only our share of the amount of
the loss, if any, that exceeds the sum of:
(a) The total amount that all such other insurance would pay for the loss in the absence of this
insurance; and
(b) The total of all deductible and self -insured amounts under all that other insurance.
(3) We will share the remaining loss, if any, with any other insurance that is not described in this
Excess Insurance provision and was not bought specifically to apply in excess of the Limits of
Insurance shown In the Declarations of this Coverage Part.
c. Methods of Sharing
If all of the other insurance available to the additional insured(s) permits contribution by equal
shares, we will follow this method also. Under this approach each Insurer contributes equal
amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever
comes first.
If any other the other insurance available to the additional insured(s) does not permit contribution by
equal shares, we will contribute by limits. Under this method, each insurer's share is based on the
ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers.
NIAC'-E61 02 19
litekMuugeme�Divtelort.
REVIEWED&MPFOVm BY:
g F� 2. V:tb�x�!
i Risk Management Mazt
POLICY NUMBER: 2020-22015 FORM: NIAC-E26 11 117
INSI)RANCE NAMED INSURED: South County Outreach
AEMANCEDF CALIFOAK.TA
A
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS (WAIVER OF SUBROGATION)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SOCIAL SERVICE PROFESSIONAL LIABILITY COVERAGE FORM
SCHEDULE
Name of Person or Organization:
City of Santa Ana Risk Management Division, officers, agents, employees, and volunteers
20 Civic Center Plaza Santa Ana, CA 92702
Where you are so required in a written contract or agreement currently In effect or becoming effective during the
term of this policy, we waive any right of recovery we may have against that person or organization, who may be
named in the schedule above, because of payments we make for injury or damage.
NIAC-E2611 17
Plak NtRnWmnenM*M
REVIEWED & APPROVED By,
F46*-d-w P, VXA"44
0�