Loading...
HomeMy WebLinkAboutCITY NET (KINGDOM CAUSES, INC.) (9)INSURANCE NOT ON FILE A-2021-197-01 WORK MAY NOT PROCEED CLERK OF COUNCIL DATE; HOMELESS HOUSING, ASSISTANCE AND PREVENTION MAR 1 7102? SUBCONTRACTOR AGREEMENT BETWEEN THE CITY OF SANTA ANA AND �•. �D/}(T�trie�o sxi�7T. CITY NET THIS GRANT AGREEMENT ("HHAP Agreement"), is hereby made and entered into this b D(WW , 2021, by and between the City of Santa Ana, a charter city and municipal corporation of the State of California ("Contractor'), and Kingdom Causes, Inc., dba City Net, a California nonprofit corporation ("Subcontractor"). RECITALS: A. Pursuant to Chapter 6 (commencing with Section 50216) of Part t of Division 31 of the Health and Safety Code (Added by Stats.2019, c. 159 (A.B. 101), Section 10, eff July 31. 2019), the State of California has established the Homeless, Housing, Assistance and Prevention Program ("HHAP"). HHAP is administered by the California Homeless Coordinating and Financing Council in the Business Consumer Services and Housing Agency. HHAP provides one-time flexible block grant funds to continuums of care, large cities (population of 300,000+) and counties as defined in the December 6, 2019 HHAP Notice of Funding Availability to support regional coordination and expand or develop local capacity to address immediate homelessness challenges informed by a best -practices framework focused on moving homeless individuals and families into permanent housing and supporting the efforts of those individuals and families to maintain their permanent housing. B. Contractor is the recipient of HHAP funds from the State of California. In 2020, Contractor entered into Agreement Number 20-HHAP-00019 with the State of California receiving and recognizing $8,442,162.84 in HHAP grant funds to be used by Contractor to address immediate homeless challenges ("State HHAP Agreement'). A true and correct copy of the State HHAP Agreement is attached hereto as Exhibit A and incorporated herein by this reference. C. Subcontractor has been made aware of the State HHAP Agreement and agrees to comply with all the conditions of the State HHAP Agreement and the applicable State requirements governing the use of HHAP grant funds. D. Contractor entered into an Agreement with Subcontractor to provide Homeless Street outreach and Engagement in the City of Santa Ana, Agreement No. A- 2021.196, dated October 6, 2021, by which Contractor committed a set amount of funds to Subcontractor for the service delivery for the specific purpose of reaching out to unsheltered homeless neighbors; connecting them with emergency shelter, housing or critical services; and providing urgent, non -facility -based care ("Program"). 1 E, Contractor now approves the provision of HHAP grant fimds to Subcontractor in an amount not to exceed $300,000, to be used in the operation of the Program, This $300,000 in 1111AP grant funds shall count toward the amount of funds due from the Contractor to Subcontractor under Agreement No. A-2021-196. F, Subcontractor represent that it has the requisite qualifications, expertise, and experience in the provision of the Program and is willing to use said IIIIAP grant funds to operate said Program, 0. 'fhis HHAP Agreement is contingent upon the award of 1-U-IAP grant funds from the Stale of California, California Homeless Coordinating and Pinancing Council in the Business, Consumer Services and Housing Agency, H. Contractor and Subcontractor have duly executed this HHAP Agreement for the expenditure and utilization of said HHAP fiends. NOW THEREFORE, it is agreed by and between the parties that the foregoing Recitals are a substantive part of this HHAP Agreement, and the following terms and conditions are approved and together with all exhibits and attachments hereto, shall constitute the entire HHAP Agreement between the Contractor and Subcontractor: 1. SCOPE OF SERVICES Subcontractor shall perform during die tens of this HHAP Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in the Scope of Work attached hereto as Exhibit B. 2. TEIIH This HHAP Agreement shall take effect on the date first written above and shall terminate on June 30, 2022, unless otherwise cancelled or modified according to the terms of this HHAP Agreement. This HHAP Agreement shall also cover any and all services provided by the Subcontractor since the date the 1-11-IAP grant fluids were awarded to the Contractor. 3. D1SBUIRSS1f,11J;I.N'I" AND FUNDS A. • Contractor was allocated $8,442,162.84 in HHAP grant fiords from the State of California to be encumbered by May 31, 2023, Contractor agrees to pay to Subcontractor when, if and to the extent State 14HAP grant funds are received a sum not to exceed $300,000 for Subcontractor's performance of the Program through the term of this HHAP Agreement, which shall count toward the amount of funds clue from the Contractor to Subcontractor under Agreement No. A-2021-196. Said sum shall be paid after Contractor receives invoices submitted by Subcontractor as provided herein, B. Subcontractor shall submit monthly invoices (on or before the 15'h day of each month) in a form prescribed by the Contractor, detailing such expenses. Such schedule maybe modified with Hie approval of the Contractor. C. Payment is subject to the receipt and approval of such invoices and quarterly activity reports. Contractor shall pay such invoices within thirty (30) days alter receipt thereof, provided Contractor is satisfied that such expenses have been incurred within the scope of this IIIIAP Agreement and that the Subcontractor is in compliance with the terms and conditions of this RHAP Agreement, The thirty (30) day period will discontinue if the reimbursement request is determined to be incomplete and will restart the thirty -day timeline once the remaining required elements have been submitted, failure to provide any of the required documentation wilt cause the Contractor to withhold all or a portion of a request for reimbursement until such documentation has been received and approved by the Contractor. D, Subcontractor agrees to use said fonds pursuant to this HHAP Agreement to pay for necessary and reasonable costs allowable under state law and regulations to operate said HHAP Program only. Subcontractor's failure to perform as required may, in addition to other remedies set forth in this ItHAP Agreement, result in readjustment of the amount of fitnds the Contractor is otherwise obligated to pay to the Subcontractor pursuant to the terms hereof, or termination of this IWA.P Agrcement. C STATE, HHAP AGREEMENT A. Contractor entered into State HHAP Agreement Number 20-HHAP-00019 with the State of California receiving and recognizing $8,442,162.84 in HHAP grant funds to be used by Contractor to be used by Contractor to address immediate homeless challenges. A true and correct copy of the State HHAP Agreement Is attached hereto as Exhibit A and incorporated herein by this reference. Subcontractor has been made aware of the State HHAP Agreement and agrees to comply with all the conditions of the State HHAP Agreement and the applicable State requirements governing the use of HRAP grant funds. I3, Pursuant to the State I-11IAP Agreement, Subcontractor is required to; Perform the work in accordance with Federal, State and Local housing and building codes, as applicable. ii. Maintain at least the minimum State -required worker's compensation for those employees who will perform the work or any pail of it, iii. Maintain, as required by law, unemployment insurance, disability insurance, and liability insurance in an amount that is reasonable to compensate any person, firm or corporation who may be injured or damaged by the Subcontractor in performing the work or any part of it. iv. Agree to include all the terms of the State HHAP Agreement in each subcontract. 5. INDEPENDENT CONTRACTOR Subcontractor shall, during the entire term of this IIILAP Agreement, be constructed to be an independent contractor and not an employee of the Contractor. This IIILAP Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the Contractor to exercise discretion or control over the professional manner in which Subcontractor performs the services which are the subject matter of this HEAP Agreement; however, the services to be provided by Subcontractor shall be provided in a manner consistent with sill applicable standards and regulations governing such services. Subcontractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employeesand shall be responsible for all applicable withholding taxes. 6. OWNERSRIP OI+ MATERIALS This HHAP Agreement creates a non-exclusive and perpetual license for Contractor to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not Ihnited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Subcontractor under this HHAP Agreement ("Documents & Data"). Subcontractor shall require all subcontractors to agree in writing that Contractor is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this IIIIAP Agreement, Subcontractor represents and warrants that Subcontractor has the legal right to license any and all Documents & Data. Subcontractor makes no such representation and warranty in regard to Documents & Data which were provided to Subcontractor by the Contractor. Contractor shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this HHAP Agreement shall be at Contractor's sole risk. 7. INSURANCE Subcontractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Subcontractor, its agents, representatives, employees, or subcontractors. a. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as: 1, Commercial General Liability (CGL): Insurance Services Office Form CO 00 01 covering COL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence, If a general aggregate Limit applies, either the general aggregate limit shall apply separately to this projecVlocation (ISO CCr 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: Insurance; Services Office Form Number CA 0001 covering, Code I (any auto), or if Subcontractor has no owned autos, Code 8 (hired) and 9 (non -owned), with limit no loss than $1,000,000 per accident for bodily injury and property damago, (Not required if an automobile is not required to fulfill services,) 3. Workers' Compensation; insurance as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease, 4. Professional Liability (Errors and Olnlsslons); Insurance appropriates to the Subcontractor's profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. (If applicable,) S. Sexual Abuse or Molestation (SAM) Liability: If the work will include contact with minors, and the CGL policy referenced above is not endorsed to include affirmative coverage for sexual abuse or molestation, Subcontractor shall obtain and maintain a policy covering Sexual Abuse and Molestation with a limit no less than $1,000,000 per occurrence or claim. 6. If the Subcontractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Subcontractor, Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. b. Other Insurance Provisions — `fhe insurance policies are to contain, or be endorsed to contain, the following provisions: Additional Insured Status: The City, its officers, officials, employees, and volunteers arc to be covered as additional insureds on the COL policy with respect to liability arising out of work or operations performed by or on behalf of the. Subcontractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Subcontractor's insurance (at least as broad as ISO Form CO 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CO 20 33, or CG 20 38; and CO 20 37 forms if a later edition is used). 2. Primary Coverage; For any claims related to this contract, the Subcontractor's insurance coverage shall be primary coverage at least as broad as ISO CC; 20 0104 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Subcontractor's insurance and shall not contribute with it, 3, _Notice of Cancellation: Each insurance policy required above shall state that coverage shall not be canceled, except with notice to the City. 4, Waiver of Subrogation: Subcontractor hereby grants to City a waiver of any right to subrogation which any insurer of said Subcontractor may acquire against the City by virtue of the payment or any loss under such insurance. Subcontractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer, 5, Seif-Insured Retentions: Self -insured retentions must be declared to and approved by the City, The City may require the Subcontractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or City. 6. Acceptability of Insurers: Insurance is to be placed with insurers authorized to conduct business in the state with a current AM, Best's rating of no less than A:VII, unless otherwise acceptable to the City. 7. Cairns Made I'ollcies: If any of the required policies provide, coverage on a claims -made basis; 1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work. 2. Insurance must be maintained and evidence of assurance must be provided for at least five (5) years after completion of the contract of work. 3. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective date, the Subcontractor must purchase "extended reporting" coverage for a minimum of five (5) years after completion of contract work. 8. Verifcation of Coverage: Subcontractor shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Subcontractor's obligation to provide them, .. 6 9. City reserves the right to require complete, certified copies ofallrequired insurance policies, including endorsements required by these specifications, at any time, 10. Special Risks or Circumstances: City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insarer, coverage, or other special circumstances. 81 INDEMNIFICATION Subcontractor agrees to defend, and shall indemnify and hold harmless the Contractor, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Subcontractor, its subcontractors, agents, employees, or other pet -sons acting on its behalf which relates to the services described in section t of this HI-W Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this HHAP Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this 1-111AP Agreement. The Subcontractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the Contractor, including fees and costs for special counsel to be selected by the Contractor, regarding any action by a third party challenging the validity of this HRAP Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this IIIIAP Agreement. Contractor may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Subcontractor's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Subcontractor, 9. RECORDS Subcontractor shall keep records and invoices in connection with the work to be performed under this FIHAP Agreement, Subcontractor shall maintain complete and accurate records with respect to the costs incurred under this IIIIAP Agreement and any set -vices, expenditures, and disbursements charged to the Contractor for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Subcontractor under this IIIIAP Agreement. All such records and invoices shall be clearly identifiable. Subcontractor shall allow a representative of the Contractor to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this FIIIAP Agreement during regular business hours. Subcontractor shall allow inspection of all work, data, documents, proceedings, and activities related to this IiIIAP Agreement for a period of three (3) years from the date of final pnyment to Subcontractor under this IIIIAP Agreement, 10. CONEiIDENTIAL,ITV If Subcontractor receives from the Contractor information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Subcontractor agrees that it shall not use or disclose such information except in the performance of this HIIAP Agreement, and further agrecs to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care, "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means, Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this IIIIAP Agreement, The foregoing obligations of non-use and nondisclosure shalt not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Subcontractor disclosed in a publicly available source; (c) is in rightful possession of the Subcontractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (o) is independently developed by the Subcontractor without reference to information disclosed by the Contractor. 11. CONFLICT OF INTEREST CLAUSE Subcontractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this HHAP Agreement. 12, NON-DISCRIMINATION During the performance of this I-IHAP Agreement, Subcontractor and its subcontractors shall not deny the contract's benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, rental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Subcontractor shall insure that the evaluation and treatment of employees and applicants for employment are free of such discrimination, Subcontractor and its subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code section 12900, et seq.), the regulations promulgated thereunder (Cal, Code Regs., tit, 2, section 11000, et serf,), the provisions of Article 9,5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov, Code sections 11135-11139.5), and the regulations or standards adopted by the awarding state agency to implement such article. Subcontractor shall permit access by representatives of the Department of Fair Employment and Housingand the awarding state agency upon reasonable notice at any time during the normal business hours, but In no case less than 24 hours' notice, to such of its books, records, account, and all other sources of information and its facilities as said Department or Agency shall require to ascertain compliance with this clause. Subcontractor and its subcontractors shall give written .noliee of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. (See Cal. Code Rags„ tit, 2, section I i 105.) 13. EXCLUSI'VITY AND AMENDMENT This IIHAP Agreement and the State HIAP Agreement represent the complete and exclusive statements between the Contractor tmd Subcontractor, and supersede any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this IIHAP Agreement and the State HHAP Agreement, the terms of the State IIHAP Agreement shall prevail. This IIHAP Agreement may not be modified except by written instrument signed by the Contractor and by an authorized representative of Subcontractor, The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Subcontractor or the Contractor. Each party to this TUTAP Agreement acknowledges that no representations, inducements, promises or agreements, orally or otheivrise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein, 14. ASSIGNMENT Inasmuch as this HHAP Agreement is intended to secure the specialized services of Subcontractor, Subcontractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the Contractor and any such assignment, transfer, delegation or subcontract without the Contractor's prior written consent shall be considered null and void. Nothing in this 14HAP Agreement shall be construed to limit the Contractor's ability to have any of the services which are the subject to this HI4AP Agreement performed by Contractor pet -sonnet or by other Subcontractors retained by Contractor. IS. TERMINATION This IIHAP Agreement may be terminated by the Contractor upon thirty (30) days written notice of termination. In such event, Subcontractor shall be entitled to receive and the Contractor shall pay Subcontractor compensation for all services performed by Subcontractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Subcontractor to deliver to the Contractor all work produet(s) completed as of such date, and in such case such work product shall be the property of the Contractor unless prohibited by law, and Subcontractor consents to the Contractor's use thereof for such purposes as the Contractor deems appropriate. It. Payment need not be made for work that fails to meet the standard of performance specified in the Recitals of this HI-TA13 Agreement. 16. WAI.Vi R No waiver of breach, failure, of any condition, or any right or remedy contained in or granted by the provisions of this 1•11-JAP Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute is continuing waiver unless the writing so spccihes. 17. JURISDICTION - VENUE This IIIIAP Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this HHAP Agreemont shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this ffl-1AP Agreement. 18. PROFESSIONAL LICENSES Subcontractor shall, throughout the term of this HHAP Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies, Subcontractor shall notify the Contractor immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this IIIIAP Agreement. l9. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this I -[HAP Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or scat by fax or other telegraphic communication in the manner provided in this Section, to the following persons: CONTRACTOR: Terri Eggers Homeless Services Manager City of Santa Ana Community Development Agency (M-25) 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702-1988 (714)647-5378 (714) 647-6549 FAX teggers@santa-ana,org SIIBRECIPIENT: City Net Local Field Office: 2030 E. 4'h Street Santa Ana, CA 92705 Attention: Brad Fieldhouse A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If scat by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 20. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this HHAP Agreement, and shall indemnify Contractor fully, including reasonable costs and attorney's fires, for any injuries or damages to Contactor in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this HHAP Agreement. [Signatures on following page] 11 A-2021-197-01 IN WITNESS WHEREOF, the patties hereto have executed this HHAP Agreement on the date and year first written above. ATTEST DAISY GOMEZ Clerk of the Council APPROVED AS TO FORM SOMA Cy V LHQ City Atto y / l l �/ Un RYAN O. Assistant 1 RECOMMENDED FOR APPROVAL �M STEVEN A. MENDOZA Executive Director Community Development Agency 12 CITY OF SANTA ANA _zgt� KRISTINE RIDGE City Manager CITY NET Name: rad Fieldhouse Title: Executive Director EXHIBIT B SCOPE OF SERVICES 14 V City Net 2021.2022 Santa Ana Homeless $treat outreach Diversion Pilot Scope of Work Pralect oyery(pyy City Net respectfully proposes an Innovative response to traditional street outreach and engagement In the form of a Homeless Street Outreach Diversion (HSOD) pilot project. The HSOD provides an Immediate response to calls forservlco to the city and to the Santa Ana police Department (SAPD) that deal with quality -of -life issues that do not rise to the level of criminal activity or public safety. These calls for service generally regard homelessness, individuals dealing with mental health concerns and substance abuse. The city of Santa Ana will divort calls from SAPD and from other city agencies to HSOD teams to provide street outreach and engagement services that were previously provided by SAPD, The goal Is to transition calls to subject matter experts who are highly trained In their profession of homeless services, crisis Intervention, mental health, addiction and medical services in order to provide the best response to those in need. These experts rely on trauma Informed techniques to de-escalate situations and bring them to a non-violent resolution, HSOD teams only request the SAPD to respond if the situation presents criminal activity or public safety concerns. Multi-disc(plinary teams consist of homeless services outreach workers, safety coordinators, and a dedicated live call center with trained dispatchers. Teams have direct access to professionals in the fields of medical health, mental health and behavioral health to provide specialized Interventions in the field as needed without the need for an additional call. Teams will work across the city seven days a week from 7.00 am-9,00 pm responding to the community's needs for homeless services interventions. Ralf 1. Exit homeless neighbors from the streets of Santa Are. 2. Divert homeless services calls that to not rise to the level of criminal activity or public safety from the city and from SAPD to multi-disclpllnary team of homeless services professionals. 3. Provide safe COVID Information and interventions to vulnerable homeless neighbors. 4. Develop a pilot for a regional response to homelessness that connects homeless neighbors to housing solutions throughout the region, through full participation in the Orange County' Continuum of Care (CoC). City Met — Local Field Office; 2030 E. 4t0 Street, Santa Ana, CA 92705 8 City Net 2021-2022 Santa Ana Homeless Street outreach Diversion Pilot Scope of Work o�lwabies (see endnotes for descriptions of terms below) City Not will provide street outreach and engagement services to 9,000 (duplicated) homeless neighbors In Santa Ana, with 750 (unduplicated) persons linked to shelter and housing, Outreach Cbntaets� COVIO-19 Engagements 750 Sq0 5A250 4,500 Rhone Calls Olspatcitod Soo 5,500 Case Mena ement� 40 2g0 street utst° 60 424 DmggofS r s City Not street outreach services Include services in the following categories: engagement services, case management, emergency health, emergency mental health, transportation, services for special populations, and COVID-19 services. These activities are Intended to help homeless neighbors obtain appropriate supportive services, Including assistance in obtaining permanent housing, medical health treatment, mental health treatment, counseling, supervision, and other services essential for achieving Independent living, Supportive services may include providing access to and assistance in obtaining: Medicaid/Medl-Cal Women, Infants and Children (WIC) Food Stamps/Cal•Fresh/EBT • Federal State Unemployment Insurance Program « Social Security Disability Insurance (SSDI) + Supplemental Security Income (551) • General Relief (GR) Other mainstream resources such as housing, health, social services, employment, education services and youth programs that an Individual or family may be eligible to receive., Engagement Services Engagement Services are activities to locate, identify, and build relationships with unsheltered homeless individuals to offer immediate support, intervention, and connections with homeless assistance programs and/or mainstream social services and other housing programs. Specific activities Include: e Conducting an Initial assessment of client needs and eligibility • providing Informal crisis counseling Addressing urgent physical needs, such as providing meals, blankets, clothes, or toiletries Actively connecting and providing Information and referrals to needed services. City Net — Local Field Office: 2030 E. 4'^ Street, Santa Ana, CA 92705 8 City Net 2021-2022 Santa Arta Homeless Street Outreach Diversion Pilot Scope of Work Casa Management Case management activities to assess housing and service needs and arrange, coordinate an monitor the delivery of Individualized services. Specific activities Include: e Assessment and Intake using HMIS Conducting Initial evaluations Including, verifying and documenting eligibility « Counseling « Developing/secur(ng/coordinatingservices + Helping obtain Federal, State, and local benefits % Monitoring and evaluating program participant progress In particular programs Providing Information and referrals to other providers Developing an individualized housing stabilization plan that leads to the attainment of stable permanent housing, Emergency Health City Net will refer homeless neighbors to emergency health services to the extent that other customary emergency health services and treatments are unavailable or Inaccessible to the homeless neighbor. An example of emergency health services to which City Not will refer homeless neighbors is outpatient treatment of urgent medical conditions by licensed medical professionals In community -based settings (eq,, streets, parks, and campgrounds) to those eligible participants unwilling or unable to access emergency shelter or an appropriate healthcare facility. City Net may assist healthcare professionals in the case management aspects of the following activities: • Assessing health problems and developing treatment plans a Assistance In understanding health needs Providing directly or assisting to obtain appropriate emergency medical treatment • Providing medication and follow-up services, Emergency Mental Health City Net will refer homeless neighbors to emergency mental health services to the extent that other customary emergency mental health services and treatments are unavailable or Inaccessible to the homeless neighbor. An example of emergency health services to which City Net will refer homeless neighbors Is outpatient treatment of urgent mental health conditions by licensed professionals in community -based setting (e.g„ streets, parks, and campgrounds) to those eligible participants unable or unwilling to access emergency shalteror an appropriate mental health care facility. City Net may assist mental healthcare professionals in the case management aspects of the following activities: • Crls(s Intervention • Prescription of psychutropic medications Explanation about the use and management of medications 0 Combinations of therapeutic approaches to address multiple problems, City Net — Local Field Office: 2030 E, atn Street, Santa Ana, CA 92705 8 City Net 2021.2022 Santa Ana Homeless Street Outreach Diversion Pilot Scope of Work TIronsportation Occasionally, City Net may engage In transportation activities, including: • Transporting unsheltered people to emergency shelters, emergency health, emergency mental health, or other service facilities Provision of public transportation for participants • Transportation costs (bus tickets, gas, minor car repairs, etc.) to assist homeless neighbors to relocate out of the region, provided they have permanent housing there. • Assisting program participants to use public transportation, Services for Special Populatlons Services for special populations are essential services that have been tailored to address the special needs of homeless youths, victims of domestic violence, dating violence, sexual assault, or stalking, Including connections to services offered by rape crisis centers, domestic violence shelters, and other organizations that serve persons who meet the HUD homeless definition and have special needs. Food acid Emergency Services Food and other emergency services will be given to clients primarily as they first move into housing and for emergency circumstances, During the duration of their tenancy, clients will be connected to food banks and service agencies to the community as their primary resource for emergency needs. C011 -.19 Services COVID-19 has caused widespread concern for the health and safety of those experiencing homelessness, as well as concern for the environment and safety of greater community members and visitors, Living unsheltered may allow people to increase physical distance between themselves and others. However, sleeping outdoors does not provide protection from the environment, personal safety, adequate access to hygiene and sanitation facilities, or connection to services and healthcare, During the pandemic, City Not's street outreach and engagement staff are ensuring that unsheltered homeless neighbors have access to services and updated Information about COVID-19, by working to: • Provide information to.educate people about COVID-19: where they can get tested, how it spreads, health impacts, common symptoms, and other features of the disease. • Use health messages and materials developed by credible public health sources, such as local and state public health departments or the Centers for Disease Control and Prevention (CDC). • Provide educational materials about COVID-ID for non-English speakers, those with low literacy or Intellectual disabilities, and people who are hearing or vision Impaired, • Ensure communication with clients about changes in homeless services policies and/or changes In physical location of services such as food, water, hygiene facilities, regular healthcare, and behavioral health resources, • Provide health and hygiene Interventions: City Net — Local Field Office: 2030 E. 4ta Street, Santa Ana, CA 92705 8 City Net 2029-2022 Santa Ana Homeloss street Outreach iDiversion Pilot Scope of Work o Rocommend that all clients wear masks any time they are around other people, noting exceptions such as young children under age 2, anyone who has trouble breathing, or Is unconscious, Incapacitated, or otherwise unable to remove the maskwithout assistance. o Provide clients with hygiene materlals including Items such as hand sanitizar, soap, shampoo, cleansing wipes, socks, blankets, non-perishable snacks, bottled water, sunscreen, gloves, toothbrush, toothpaste, and other Items depending on client needs. o Discourage clients from spending time In crowded places or gathering in large groups, for example at locations where food, water, or hygiene supplies are being distributed. o If It is not possible for clients and staff to avoid crowded places, encourage spreading out (at least 6 feet between people) to the extent possible, • Encourage proper waste disposal to prevent spread of disease and minimize risk. • Continue providing linkages to homeless services, housing, medical, mental health, and substance use treatment, including Provision of medication assisted therapies. • Maintain up-to-date contact information and areas frequented for each person. Coordinate, Integrate, and leverage resources to maximize impact of services for Individuals who are experiencing homelessness. • Engage individuals and families not yet working with a CES Partner Agency, with a primary focus on unsheltered families and individuals In encampments. • Conduct frequent visits to encampments known to have persons experiencing homelessness throughout the city. GgineC@I Anpraoch City Net engages in street outreach services for homeless neighbors as described below. Housing First All City Net programs are Informed by and consistent with Housing First principals, Housing First is an approach to serving people experiencing homelessness that recognizes a homeless person must first be able to access a decent, safe place to live, that does not limit length of stay (permanent housing), before stabtllzing, Improving health, reducing harmful behaviors, or increasing Income. Under the Housing First approach, anyone experiencing homelessness is connected to a permanent home as quickly as possible, and programs remove barriers to accessing the housing, like requirements for sobriety or absence of criminal history. It Is based on Maslow's hierarchy of needs; people must access necessities—Ilke a safe place to live and food to eat —before being able to achieve quality of life or pursue personal goals. Finally, Housing First values choice not only In where to live, but whether to participate in services. Trauma -Informed Care City Net assumes that Individuals and families who are homeless have been exposed to trauma. Research has shown that Individuals who are homeless are likely to have experienced some form of previous trauma; City Net --Local Field Office: 2030 E. 41h Street, Santa Ana, CA 92705 City Net 2021.2022 Santa Ana Homeless Street Outreach Diversion Pilot Scope of Work homelessness itself can be viewed as a traumatic experience; and being homeless Increases the risk of further victimization and retraumatlzation. Therefore, our programs, policies and procedures are designed not only to respond to the Immediate crisis of homelessness, but also to contribute to the longer•torm healing of homeless individuals, Trauma. Informed Care (TIC) offers a•framework for providing services to traumatized individuals within a variety of service settings, Including homelessness service settings. Since trauma also Influences how people approach and respond to services, City Not strives to recognize trauma symptoms, acknowledge the role that trauma has played In clients' lives, and better understand and address the needs of those with trauma histories. The goal of this approach is to avoid retraumatlzation and exacerbation of trauma symptoms. This change in understanding can be Illustrated by the difference between the questions "What s wrong with you?" vs. "What has happened to you?" While the terms violence, trauma, abuse, and post -traumatic stress disorder (PTSD) are frequently used Interchangeably, it is useful to think of trauma as a response to violence or other overpowering negative experience such as abuse, Trauma refers to both the event and the particular response to an event, PTSD is one type of disorder resulting from trauma. 9ecoming "traumatized" varies greatly among individuals, and not everyone exposed to a potential traumatic event will be traumatized, Trauma begins with an event orexpedence that overwhelms normal coping mechanisms. There are physical and psychological reactions —which are normal —In response, Retraumatization refers to the psychological and/or physiological experience of being "triggered," Le., when an environmental cue related to the trauma —such as a smell or a sound --triggers a full fight-or-fllght response. Although environmental triggers cannot be eliminated, city Netseeks to create an environment -- both a physical environment, and a framework of compassionate understanding In which the trauma survivor feels safe. Motivational interviewing City Not employs Motivational Interviewing (MI) techniques in its programs. MI is a counseling method that helps people resolve ambivalent feelings and insecurities to find the Internal motivation they need to change their behavior. It Is a practical, empathetic, and short-term process that takes into consideration how difficult it Is to make life changes. The core components of MI are to. • 59press and show empathy towards clients • Support and articulate discrepancies between clients' goals and choices that take them away from goals 0 Deal with resistance without confrontation • Support self -efficacy City Net — Local Field Office: 2030 E. 4a' Street, Santa Ana, CA 92705 CNN City Net 202.1.202Z Santa Ann Homeless Street Outreach Dlverslon Pilot Scope of Work • Support client autonomy Continuum of Cape articf t o Since the Inception of our work in Santa Ana in 2016 (when we were contracted to offer meals, supportive services and case management at the Courtyard in a county contract), City Net has been a full participant In the orange County Continuum of Care (CoC), City Notstaff are regular participants in Coc Coordinated Entry System (CES) case conferencing meetings, data committee meetings, street outreach and engagement committee meetings, among others, In addition, City Net Chief Program Officer, Jessica Bruce co-chairs the CoC Street Outreach Committee, and City Net Executive vice President Matt Batas is an elected member of the CoC Board of Directors, and an appointee to the Systems, policies and Procedures committee and is a COC Board of Directors representative orrthe Commission to End Homelessness, All clients in this proposed projectwill be entered Into/screened through the Orange County Homeless Management Information System (HMIS) and, as appropriate forprospective candidates, the Coordinated Entry System (CES). City Net staff are trained In these systems, and our written policies and procedures state their work must be coordinated through these systems, In addition to assuring that resources flow to the most vulnerable homeless Individuals (through CES), these systems also provide a safeguard against duplication of services because we can see in HMiS what other services and benefits the client is receiving, as well as the agency who may be providing these services. Our case managers and housing navigators are trained to reach out to their counterparts at these other agencies to confirm provision of services, to case conference, and to clarify any questions around potential duplication. Of relevance to this proposal, in Orange County, City Net has provided assessments and Intakes to thousands of clients in partnership with the county, including In the following projects. 4 Orange County Flood Control Channel (outreach, engagement, bridge housing) • Courtyard Transitional Center (case management, connections to housing) a HEAP/HDAP (outreach and engagement, assessments, housing) 6 Santa Ana armory (shelter operations, case management) Permnnent Houslnn Case managers link clients to the Coordinated Entry System (CES) to provide ongoing engagement, document collection, and case management services to facilitate a match to an appropriate permanent City Net --Loral Field office; 2030 E. 4rh Street, Santa Ana, CA 92703 8 City Net ZDZS-2022 Santa Ana Homeless Street Outreach Diversion pilot Scope of Work housing resource, Case managers also provide services In the context of CES, which Is voluntary and client -centered, with the goal of identifying strengths and cllont-directed goals, while promoting health, recognition, and well-being with a focus on linking the client to a permanent housing resource and providing the necessary services needed to promote housing stability, Client Referral process In accordance with our street outreach and engagement policies and procedures, City Not staff record all assessments and subsequent services in the Homeless Management Information System (HMIS), which requires them to enter and maintain timely and complete client data. City Net case Managers and Housing Navigators are oriented to and trained in resources, homeless services, and organizations for collaboration and referral. They are highly trained to connect residents to shelter and housing resources, including In case managing clients from the streets Into permanent supportive housing through CES. Staff representatives attend the local CoC meetings— Homeless Provider Forum, Case Management Forum, Implementation Committees and the like. Resource lists are updated regularly and kept on -site. Protocols for offering and accepting referrals from other agencies are reviewed by staff, updated, shared, and kept In a manual in the City Net offices. City Net will refer homeless neighbors to emergency health and/or emergency mental health services to the extent that other customary emergency health services and treatments are unavailable or Inaccessible to the homeless neighbor. A referral example Is outpatient treatment of urgent medical conditions by licensed medical professionals in community -based settings (e.g., streets, parks, and campgrounds) to those eligible participants unwilling orunable to access emergency shelter or an appropriate healthcare facility. City Net - local Field Office:2030 E. 4a`Street, Santa Ana, CA 92705 City Net 2021.2022 Santa Ana Homeless Street Outreach Diversion pilot Scope of Work 5taNnasnenaiblR jyjyt A kFP llln- 1 2021 Santa Ann Street Outreachgall and Engagement .11111 ' We (0); Those who do the work to achlave the task. W (A); The one ultimataly accountable for the correct and thorough completion of the le or task, and the one to whom Responsible staff are accountable. Thera Is only oae person At for each task or deliverable. I (C(i Those whose opinions are sought; and with whom there is two-woycommuntcation, (1); Those who are kept up-to-date on progress, often only on completon of the task or e; and wlth whom there Is lust ane•waycommunlcatlon. City Net— local Field Office; 2030 E. 0.1a Street, Santa Ana, CA 92705 V City Net 2021.2022 Santa Ana Homeless street Outreach Diversion Pilot Scope of Work praaran mace Outcomes ro M Perfarmaneo Outcoma Matr, Ilc 2021.2022 Santa Ann Homeless Street Outreach Diversion D w O utcame acts 750 Outreach Contacts/month R R A C I acts W�Dlsatche�d 500 COVID engagernents/month R R A G Ient 40/month R R A C Is atched 500caElsdisatched/month R A Street Exits 60 ,#rest exits/month R R R A G I Mental Health 10 mental health Assessments assessments/quarter Spending with 100% R R R A C I I I Effldent/Effective use of Resources documentation R R R I I C R A I I 100% Completeness and timeliness DataQualit of data R R R I I C A I l All client demographic Information Demo ra hics logged R R R I C 1 A I KBJI I Responsible (R): Those who do the work to achieve the task. Accountable (A)t The one ultimately accountable for the correct and thorough completlon of the deliverable or task, and the one to whom Responsible staff are accountable. There is only one person accountable for each task or deliverable, Consulted (C); Those whose opinions are sought; and with whom there is two-way communication. Informed (1): Those who are kept up-to-date on progress, often only on completion of the task or deliverable; and with whom there is just one-way communication. City Net - Local Field Office: 2030 E. 4' Street, Santa Ana, CA 92705 10 8 City Net 2021.2022 Santa Ana Homeless Street Outreach Diversion pilot Scope of Work ftnortlna City Net will submit dashboard reports M-F that provide daily totals from the previous day and cumulative totals from project Inception, The following data elements will be Included; « Outreach Contacts • Case Management + Street Exits • COVID-19 Engagements • Mental Health Assessments « Medical Assistance • Calls Dispatched A sample report Is copied here: MAY 412021 CUMULATIV9 YEAR-TO-DATE TOTALS City Net 1683 733 386 630 4 8 YJ1�34hC!'I:S.ti �JS4 W.14CLLIN:i 5'AiOi�Yb :::.VpM11.•GAV4'+R`iK uY'rt�, •..Ui �+d:y>a.r;•Y:F 41Yti.+. A59SN•ai l4,Gv, aeh Cyr ! '.14M4.71ryYY:1 YRAA-TO-CATS OWASACN CONTACTS km ffi-4r. �qi • + ` f Jf5 fa V �� + �e r' ��•.pyJ ,•d+aYrn,ai u.e nuauux ua auwasu�e My y r' ww + 444M .Omgmld PMMM;N+1pYWtliinls r. YEAR -TO -DAYS CALLS 0ISPATCH90 3966 u r�;,aq`q,<0.16`cro City Net — Local Field Office: 2030 E. 4W Street, Santa Ana, CA 92705 11 City Net 2021.202Z Santa Ana Homeless Street Outreach Diversion pilot Scapa of Work 'Outreach Contacts reflect the numberof Interactions for the sparific purpose of maching out to unsheltered homeless neighbors Ina process of building trust and offering support toward the tOng•term goal of connecting them with emorgency Shelter, housing, Or altical sarvicas; and providing urganl, non-faclilty-based care, These activities a m Intended to help hamoress neighbors to obtain appropriate suPpartvo services, Including assistance In obtaining pormanent housing, medical health treatment, mentoI health treatment, counseling, supervision, and other servlcas assantlaI for achioving Independent living; housing stability case management; and other federal, Skate, local, or private assistance available to assist the program participant In obtaining hausing stubiRty, This number can be duplicated In arty given reporting period. s COVIO-19 Engagements reflect the number of Interactions by City HOt's street outreach and ongagemont staff to ensure that unsheltered homeless nelshbors have accoss to services and updated Information about COVID-19, by working to; • Provide Information to educate people about COVIO49t wham they can gat tested, how It spreads, health impacts, common symptoms, and other features of the disease. • Use health massages and mObINN developed by credible public health sources, such as local and state Public health departments or the Centers for Disease Control and Prevention (CDC), • Provide educational materiels about COVia•i9 for non-Engllsh speakers, those with tow literacy or intellectual disabilities, and people who are hearing orvislon impaired. • EOsurecommunicationwithclientsaboutchangesInhomelessservkesPOW113and/orchangesInphysicallocationof services such as food, water, hygiene facllltios, regular healthcare, and behavioral health resources. + Provide health and hygiene Intervanchorw, o Recommend thatall clients wear masks any time they ore around other people, noting exceptions such as young children underage 2, anyone who has trouble breathing, or is unconscious, Incapacitated, or Otherwise unable to remove the mask without assistance, o Provide clients with hygiene maturials Including items such as hand sanitlrer, soap, shampoo, cleansing wipes, socks, blankets, non-perlshable snacks, bottled water, sunscreen, gloves, toothbrush, toothpaste, and other Items depending on client needs. o Discourage clients from spending time In crowded places or gathering In large groups, for example at locations where food, water, or hygiene Supplies are being distributed. O If It Is not possible for clients and staff to avoid emwdod Places, encourage spreading Out lot least 6 feet between people) to the extent possible. • Encourage Proper waste disposal to prevent spread ofdbease and mlolmho risk. • continue providing linkages to homeless Servkas, housing, medical, mantel healthy and substance use treatment, Including provision of medlcation•asslsted therapies, • Malntale Up-to-date contact information and areas f(equeoted for each person, • Coordlnata, Integrate, and leverage resources to maxlmhe Impact of services for Individuals who are axperlancfng homelessness, + Engage Individuals and famlliPs not yatworking with a CES Partner Agency, with a primary focus on wtsheiterud families and Individuals in encampments, • Conduct frequent visits to encampments known to have Persons experiencing homelessoass throughout the city, • Record all assessments and subsequent services In the Homeless Management Information System tHMiS), Enter and maintain timely and complete client data. • Link cheats to the Coordlnoted Entry System (CES) to provldoongoing engagement, document collection, and ease management sefvkes to Pacllltate a match to an appropriate housing resource, • Case Management In the context of CES, which IS voluntary and cilant.cantered, with the goal of Identifying strengths and chant -directed goals, while promoting health, recognition, and welbboing with a focus on linking the client to a permanent housing resource and providing the necessary services needed to promote housing stability. City Net w Local Field Office: 2030 E. 0 Street, Santa Ana, CA 92705 12 8 City Net 2021.2022 Santa Ana Homeless Street Outreach Diversion Pilot Scope of Work This number can be duplicated bs any given reporting period. u Reflects the current number of homeless neighbors who are voluntorify engaged In a formal, written case management relationship with City Net, Clients sign permission to allow city Not case managers to work with them to achieve progress on a mutually agreed upon plan to attain housing and supportive services, Case managers follow-up with housed clients for 6 months after housing to ensure a successful placement, Active cases are engaged once a week on average and ere considered Inactive after 90 days of no contact, Thts Is an unduplicated number that changes over time as former clients exit case management and now clients enroll "Street Exits are defined by HUD and enumerated In the HUD systems performance report, and City Net uses these designations for all street exits achieved through the efforts of two or more agencies working together within the context of the hometess collaborati" in the city. HUD designates some of these street exits as "temporary' and some as "permanent', and City Net exercises discretion to count as exited those homeless neighbors who have a reasonable plan In place m mono from temporary shelter to permanent housing, Street exits may also reflect duplicated numbers as le plan In p may enter, then exit, then reenter shelter/housing muldpla times during the reporting pedod, and HUD numbers as Ins require that enter, city Net count these as multiple street exits even when referring to a single Individual. City Net — local Field Office: 2030 E. hih Street, Santa Ana, CA 92705 13 STATE OF CALIFORNIA - DEPARTMENT OF GENERAL SERVICES STANDARD AGREEMENT STD 213 (flay. 03/2019) 1.This Agreement Is entered Into between the Contractina Ai AGREEMENT NUMBER PURCHASING AUTHORITY NUMBER 20-HHAP-00019 CONTRACTING AGENCY NAME Business, Consumer Services, and Housing Agency CONTRACTOR NAME City ofSanta Ana 2. The twirl of Oils Agreement Is: START DATE Upon BCSH Approval THROUGH END DATE ---- 06/30/2025 3. The maximum amount of this Agreement is: $8,422,162.84 4.The parties agree to complywith the terms and conditions ofthe following 6hi6lts, which are by this reference made apart of the Agreement, Exhibits Title Pages Exhibit Scope of Work Exhibit 8 Budget Detail and Payment Provisions 7-11 Exhibit C Homeless Coordinating and Financing Councll Terms and Conditions 12-27 * Exhibit Special Terms and Conditions 22 t Exhibit E* nwn vril nnnvmne General Terms and Conditions nm ..... ., ..�.......... .. ..... ......._.... _ 23 Y Mm<e .�-� .........-- 0r , _,-C.... .nv,nuuc ym r m uns uyree(neru us # nnumea nerel0. CONTRACTOR CONTRACTOR NAME Of other than an individual, statewhethera corporation, partnership, etc.) City of Santa Ana 20 Civic Center Plaza M•25 Santa Ana CA 42701 PRINTED NAME OF PERSON SIGNING TRIO Steven A. Mendoza CDA Executive Director 412 Page 1 of 2 STATE OF CALIFORNIA- DEPARTMENT OF GENERAL SERVICES STANDARD AGREEMENT AGREEMENTNUMBER PURCHASING AUTHORITY NUMBER OfApplirable) ST0213(Rev.032019) I 20-HHAP-00019 CONTRACTING AGENCY NAME Business, Consumer Services, and Housing Agency CONTRACTING AGENCY ADDRESS CITY STATE ZIP 915 Capitol Mall, Suite 350A Sacramento CA 95814 PRINTED NAME OF PERSON SIGNING TEE Lourdes Castro Ramfrez Page 2 of 2 Homeless Housing, Assistance and Prevention Standard Agreement EXHIBIT A SCOPE OF WORK 1. Authorl City of Santa Ana 20-HHAP-00019 Page 1 of 23 The State of California has established the Homeless Housing, Assistance, and Prevention Program ("HHAP" or "Program" or "grant") pursuant to Chapter 6 (commencing with Section 50216) of Part 1 of Division 31 of the Health and Safety Code. (Added by Stats.2019, c. 159 (A.B. 101), § 10, off. July 31, 2019.) The Program Is administered by the California Homeless Coordinating and Financing Council ("Council") in the Business, Consumer Services and Housing Agency ("Agency"). HHAP provides one-time flexible block grant funds to continuums of care, large cities (population of 300,000+) and counties as defined in the December 6, 2019 HHAP Notice of Funding Availability ("NOFA") to support regional coordination and expand or develop local capacity to address immediate homelessness challenges Informed by a best -practices framework focused on moving homeless individuals and families Into permanent housing and supporting the efforts of those individuals and families to maintain their permanent housing. This Standard Agreement along with all its exhibits ("Agreement") is entered into by the Agency and a continuum of care, a city, or a county ("Grantee") under the authority of, and in furtherance of the purpose of, the Program. In signing this Agreement and thereby accepting this award of funds, the Grantee agrees to comply with the terns and conditions of the Agreement, the NOFA under which the Grantee applied, the representations contained in the Grantee's application, and the requirements of the authority cited above. 2. Purpose The general purpose of the Program is to provide one-time block grant funding to support regional coordination, and to expand or develop local capacity to address immediate homelessness challenges. Activities will be informed by a best -practices framework focused on moving homeless Individuals and families into permanent housing and supporting the efforts of those individuals and families to maintain their permanent housing. In accordance with the authority cited above, an application was created and submitted by the Grantee for HHAP funds to be allocated for eligible uses as stated in Health and Safety Code section 50219, subdivision (c)(1)—(8). Homeless Housing, Assistance and Prevention Program NOFA Date: December e, 2019 top City of Santa Ana 20-HHAP-00019 Page 2 of 23 Homeless Housing, Assistance and Prevention Standard Agreement EXHIBIT A SCOPE OF WORK 3. Definitions The following HHAP program terms are defined in accordance with Health and Safety Code section 50216, subdivisions (a) — (q): (a) "Agency" means the Business, Consumer Services and Housing Agency. (b) "Applicant" means a continuum of care, city, or county. (c) "City" means a city or city and county that is legally incorporated to provide local government seances to its population. A city can be organized either underthe general laws of this state or under a charter adopted by the local voters. (d) "Continuum of care" means the same as defined by the United States Department of Housing and Urban Development at Section 578.3 of Title 24 of the Code of Federal Regulations. (e) "Coordinated Entry System" means a centralized or coordinated process developed pursuant to Section 578.7 of Title 24 of the Cate of Federal Regulations, as that section read on January 10, 2019, designed to coordinate homelessness program participant intake, assessment, and provision of referrals. In order to satisfy this subdivision, a centralized or coordinated assessment system shall cover the geographic area, be easily accessed by individuals and families seeking housing or services, be well advertised, and include a comprehensive and standardized assessment tool. (f) "Council" means the Homeless Coordinating and Financing Council created pursuant to Section 8257 of the Welfare and Institutions Code. (g) "Emergency shelter" has the same meaning as defined in subdivision (a) of Section 50801. (h) "Homeless" has the same meaning as defined in Section 578.3 of Title 24 of the Code of Federal Regulations, as that section read on January 10, 2019. (1) "Homeless Management Information System" means the information system designated by a continuum of care to comply with federal reporting requirements as defined in Section 578.3 of Title 24 of the Code of Federal Regulations. The term Homeless Management Information System" also includes the use of a comparable Homeless Housing, Assistance and Prevention Program NOFA Date: December 6, 2019 �,,�� City of Santa Ana 20-HHAP-00019 Page 3 of 23 Homeless Housing, Assistance and Prevention Standard Agreement EXHIBIT A SCOPE OF WORK database by a victim services provider or legal services provider that is permitted by the federal government under Part 576 of Title 24 of the Code of Federal Regulations. 0) "Homeless point -in -time count" means the 2019 homeless paint -in -time count pursuant to Section 678.3 of Title 24 of the Code of Federal Regulations. A Jurisdiction may elect to instead use their 2017 point -in -time count If they can demonstrate that a significant methodology change occurred between the 2017 and 2019 point -in -time counts that was based on an attempt to more closely align the count with HUD best practices and undertaken in consultation with HUD representatives. A jurisdiction shall submit documentation of this to the agency by the date by which HUD's certification of the 2019 homeless point -in -time count is finalized. The agency shall review and approve or deny a request described in the previous sentence along with a jurisdiction's application for homeless funding. (k) "Homeless youth" means an unaccompanied youth between 12 and 24 years of age, inclusive, who is experiencing homelessness, as defined in subsection (2) of Section 725 of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a(2)). "Homeless youth" includes unaccompanied youth who are pregnant or parenting. (1) "Housing First" has the same meaning as In Section 8255 of the Welfare and Institutions Code, including all of the core components listed therein. (m) "Jurisdiction" means a city, city that is also a county, county, or continuum of care, as defined in this section. (m) "Jurisdiction" means a city, city that is also a county, county, or continuum of care, as defined in this section. (n) "Navigation center" means a Housing First, low -barrier, service -enriched shelter focused on moving homeless individuals and families Into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing. (o) "Program" means the Homeless Housing, Assistance, and Prevention program established pursuant to this chapter. Homeless Housing, Assistance and Prevention Program NOFA Date: December 0, 2019 City of Santa Ana 20-HHAP-00019 Page 4 of 23 Homeless Housing, Assistance and Prevention Standard Agreement EXHIBIT A SCOPE OF WORK (p) "Program allocation" means the portion of program funds available to expand or develop local capacity to address immediate homelessness challenges, in the amount of six hundred fifty million dollars ($650,000,000). (q) "Recipient" means a jurisdiction that receives funds from the agency for the purposes of the program. Additional definitions for the purposes of the HHAP program: "Obligate" means that the Grantee has placed orders, awarded contracts, received services, or entered into similar transactions that require payment using HHAP funding. Grantees, and the subrecipients who receive awards from those Grantees, must obligate the funds by the statutory deadlines set forth in this Exhibit A. "Expended" means all HHAP funds obligated under contract or subcontract have been fully paid and receipted, and no invoices remain outstanding. In the case of an award made through subcontracting, subcontractors are required to obligate the funds by the same statutory deadlines. "Grantee" means the continuum of care, city, or county that has entered into contract with the Business, Consumer Services and Housing Agency and is receiving HHAP funding. 4. Scope of Work The Scope of Work ("Work") for this Agreement shall include uses that are consistent with Health and Safety Code section 50219, subdivision (c)(1) — (8), and any other applicable laws. Eligible uses include the following: A. Rental assistance and rapid rehousing. B. Operating subsidies in new and existing affordable or supportive housing units, emergency shelters, and navigation centers. Operating subsidies may include operating reserves. C. Incentives to landlords, including, but not limited to, security deposits and holding fees. D. Outreach and coordination, which may include access to job programs, to assist vulnerable populations in accessing permanent housing and to promote housing stability in supportive housing. Homeless Housing, Assistance and Prevention Program NOFA Date: December 6, 2019 .E) City of Santa Ana 20-HHAP-00019 Page 5 of 23 Homeless Housing, Assistance and Prevention Standard Agreement EXHIBIT A SCOPE OF WORK E. Systems support for activities necessary to create regional partnerships and maintain a homeless services and housing delivery system, particularly for vulnerable populations including families and homeless youth. F. Delivery of permanent housing and innovative housing solutions such as hotel and motel conversions. G. Prevention and shelter diversion to permanent housing. H. New navigation centers and emergency shelters based on demonstrated need. Demonstrated need for purposes of this paragraph shall be based on the following: I. The number of available shelter beds In the city, county, or region served by a continuum of care. ii. Shelter vacancy rate In the summer and winter months. iii. Percentage of exits from emergency shelters to permanent housing solutions. iv. A plan to connect residents to permanent housing. 5. Agency Contract Coordinator The Agency's Contract Coordinator for this Agreement is the Council's HHAP Grant Manager or the Grant Managers designee. Unless otherwise instructed, any notice, report, or other communication requiring an original Grantee signature for this Agreement shall be mailed to the Agency Contract Coordinator. If there are opportunities to send information electronically, Grantee will be notifled via email by the HHAP Grant Manager or the Grant Manager's designee. The Representatives during the term of this Agreement will be: PROGRAM GRANTEE ENTITY: Business consumer Services and Housing Agency City of Santa Ana SECTIONIUNIT: Homeless Coordinating and Financing Council (HCFC) 915 Capitol Mall Suite 350 A Sacramento, CA 95814 20 Civic -Center Plaza M-25 Santa Ana, CA 92701 MANAGER FEMAILADDRESS: Amber Ostrander Tend Eggers 20-HHAP-00019 BER: 918.551-7995 714.647-5370 Amber.Ostrandar@litsh.ce.gov Teggera@santa.ana.org Homeless Housing, Assistance and Prevention Program NOFA Date: December 6, 2019 &M City of Santa Ana 20-HHAP-00019 Page 6 of 23 Homeless Housing, Assistance and Prevention Standard Agreement EXHIBIT A SCOPE OF WORK All requests to update the Grantee information listed within this Agreement shall be emailed to the Homeless Coordinating and Financing Council's general email box at hcfc(&bcsh.ca.cov. The Council reserves the right to change their representative and/or contact information at any time with notice to the Grantee. 6. Effective Date. Term of Agreement. and Deadlines A. This Agreement is effective upon approval by the Agency (indicated by the signature provided by Agency In the lower left section of page one, Standard Agreement, STD. 213). when signed by all parties. B. Contractual Obligation: • Grantees that are counties must contractually obligate 100 percent of their full program allocations on or before May 31, 2023. • Grantees that are cities or continuums of care must contractually obligate no less than 50 percent of program allocations on or before May 31, 2023. Cities or continuums of care that contractually obligate less than 5o percent or program allocations after May 31, 2023 are subject to an alternative disbursement plan as required under (Health & Safety Code, § 60220, subdivision (9)(4)(B). C. Full Expenditure of HHAP Grant Funds • All HHAP grant funds (100 percent) must be expended by June 30, 2025. Any funds not expended by that date shall revert to the General Fund. (Health & Safety Code, § 50220, subdivision (e).) 7. Special Conditions Agency reserves the right to add any special conditions to this Agreement It deems necessary to ensure that the goals of the Program are achieved. Homeless Housing, Assistance and Prevention Program NOFA Date: December 6, 2019 City of Santa Ana 20-HHAP-00019 Page 7 of 23 Homeless Housing, Assistance and Prevention Standard Agreement EXHIBIT B BUDGET DETAIL AND PAYMENT PROVISIONS 1. Budget Detail & Changes The Grantee agrees that HHAP funds shall be expended on uses that support regional coordination and expand or develop local capacity to address Immediate homelessness challenges. Such activities must be informed by a best -practices framework focused on moving homeless Individuals and families into permanent housing and supporting the efforts of those individuals and families to maintain their permanent housing. The Grantee shall expend HHAP funds on eligible activities as detailed in the annual budget submitted with the Grantee's approved application. The Grantee shall submit an updated budget with the annual report that revises and reports all actual and projected expenditures of HHAP funds. Changes may be made to the timing (e.g., fiscal year) of eligible use expenditures without prior approval by the Agency so long as the total expenditures (actual and projected) for each eligible use category remain the same as described in the budget approved with the Grantee's application. Any decrease or increase to the total expenditures for any eligible use category must otherwise be approved by the Council's HHAP Grant Manager or his/her designee, in writing, before the Grantee may expend HHAP funds according to an alternative budget. The HHAP Grant Manager will respond to Grantee with approval or denial of request. Failure to obtain written approval from the Grant Manager or his/her designee as required by this section may be considered a breach of this Agreement. 2. General Conditions Prior to Disbursement All Grantees must submit the following forms prior to HHAP funds being released; A. Request for Funds Form (RFF) B. STD 213 Standard Agreement - 2 original copies of the signed STD 213 form and initialed Exhibits A through E. C. Data Use Agreement (continuums of care and counties that accepted redirected funding from a continuum of care- see Exhibit D for relevant Special Terms and Conditions) Homeless Housing, Assistance and Prevention Program NOFA Date; December 6, 2019 City of Santa Ana 20-HHAP-00019 Page 8 of 23 Homeless Housing, Assistance and Prevention Standard Agreement EXHIBIT B BUDGET DETAIL AND PAYMENT PROVISIONS 3. Disbursement of Funds HHAP funds will be disbursed to the Grantee upon receipt, review and approval of the completed Standard Agreement and RFF by Agency, the Department of General Services (DGS) and the State Controller's Office (SCO). Once Agency receives, reviews, and signs off on the completed documents, the documents will be sent to DGS for review. Once DGS review is completed, documents will be forwarded to SCO for final review and fund disbursement, The RFF must include the proposed eligible uses and the amount of funds proposed for expenditure under each eligible use. HHAP funds will be disbursed in a single allocation via mailed check once the RFF has been received by the SCO. Checks will be mailed to the address and contact name listed on the RFF. 4, Exoenditure of Funds Specific requirements and deadlines for contractually obligating and expending awarded funds are set forth in the Homeless Housing, Assistance, and Prevention Program statutes. Health and Safety Code sections 50218, 50219, and 50220 mandate the following: A. Up to 5 percent of the HHAP allocation may be expended forthe following uses that are intended to meet federal requirements for housing funding: (1) Strategic homelessness plan, as defined in section 578.7(c) of Title 24 of the Code of Federal Regulations; and/or (2) Infrastructure development to support coordinated entry systems and Homeless Management Information Systems. B. No more than 7 percent of the HHAP allocation may be used for administrative costs incurred by the Grantee. C. At least 8 percent of the HHAP allocation shall be used to establish or expand services for homeless youth populations. D. Grantees that are cities or continuums of care shall contractually obligate no less than 50 percent of HHAP funds by May 31, 2023. If less than 50 percent Is obligated after May 31, 2023, continuums of care and cities shall not expend any remaining portion of the 50 percent of program allocations required to have been obligated unless and until both of the following occur: Homeless Housing, Assistance and Prevention Program NOFA Date: December 6, 2019 City of Santa Ana 20-HHAP-00019 Page 9 of 23 Homeless Housing, Assistance and Prevention Standard Agreement EXHIBIT B BUDGET DETAIL AND PAYMENT PROVISIONS (1)On or before June 30, 2023, the Grantee submits an alternative disbursement plan to Agency that includes an explanation for the delay and a plan to fully expend these funds by December 31, 2023. (2) Agency approves the alternative disbursement plan. If the funds Identified in the approved alternative disbursement plan are not fully expended by December 31, 2023, the funds shall be returned to Agency. E. Grantees that are counties shall contractually obligate the full allocation (100 Percent) awarded to them by May 31, 2023. Any funds that are not contractually obligated by this date shall be reverted to the continuum of care that serves the county. Specific to Los Angeles County, funds that are not contractually obligated by this date shall be divided proportionately using the HHAP funding allocation formula among the four CoC's that serve Los Angeles County: City of Glendale CoC, City of Pasadena CoC, the City of Long Beach CoC, and the Los Angeles Homeless Services Authority. Counties not obligating their full program allocation by May 31, 2023 are required to notify Agency on or before that date, of the name of the CoC(s) in which the county Is served, and the amount of program funds that will be reverted to the CoC(s). By June 30, 2023, the county shall provide Agency with evidence that the funds were transferred and submit an updated budget that clearly identifies the funds that were transferred. F. All HHAP funds shall be expended by June 30, 2025. G. Any funds not expended by June 30, 2025 shall revert to the General Fund. 5. Reimbursement HHAP program funds should not generally be obligated or expended prior to the effective date of this Agreement. However, Agency acknowledges that there may be circumstances that would require reimbursement In order to prevent or address homelessness in a given jurisdiction. When considering a reimbursement, the following requirements are applicable: A. Reimbursement is not permitted for activities occurring prior to July 1, 2019. Homeless Housing, Assistance and Prevention Program NOFA Date: December 6, 2019 City of Santa Ana 20-HHAP-00019 Page 10 of 23 Homeless Housing, Assistance and Prevention Standard Agreement EXHIBIT B BUDGET DETAIL AND PAYMENT PROVISIONS B. Reimbursement shall not supplant existing local funds for homeless housing, assistance, or prevention. C. Approval from HCFC must be obtained prior to obtaining reimbursement. D. Capital improvement projects pertaining to emergency shelters and navigation centers are still required to demonstrate need. Eligible applicants are required to submit the following information for HCFC to review and approve or deny such projects: (1) The number of available shelter beds in the jurisdiction; (2) The shelter vacancy rate in the summer and winter months; (3) The percentage of exits from emergency shelters to permanent housing solutions; and (4) A plan to connect residents to permanent housing. t. Ineltaibte Costs HHAP funds shall not be used for costs associated with activities in violation of any law or for any activities not consistent with the intent of the Program and the eligible uses identified in Health and Safety Code sections 50218 and 50219. Agency reserves the right to request additional clarifying information to determine the reasonableness and eligibility of all uses of the funds made available by this Agreement. If the Grantee or Its funded subrecipients use HHAP funds to pay for ineligible activities, the Grantee shall be required to reimburse these funds to Agency. An expenditure which is not authorized by this Agreement, or by written approval of the Grant Manager or his/her designee, or which cannot be adequately documented, shall be disallowed and must be reimbursed to Agency by the Grantee. Agency, at Its sole and absolute discretion, shall make the final determination regarding the allowability of HHAP fund expenditures. Program funds shall not be used to supplant existing local funds for homeless housing, assistance, or prevention. Homeless Housing, Assistance and Prevention Program NOFA Date: December n, 2019 City of Santa Ana 20-HHAP-00019 Page 11 of 23 Homeless Housing, Assistance and Prevention Standard Agreement 7. Administrative Costs The Grantee must comply with Health and Safety Code section 50219, subdivision (e), which limits the Grantee's administrative costs to no more than 7 percent of total HHAP funds received. For purposes of this requirement, "administrative costs" does not include staff or other costs directly related to Implementing activities funded by the Program allocation. Homeless Housing, Assistance and Prevention Program NOFA Date: December B, 2019 City of Santa Ana 20-HHAP-0001 g Page 12 of 23 Homeless Housing, Assistance and Prevention Standard Agreement EXHIBIT C HOMELESS COORDINATING AND FINANCING COUNCIL TERMS AND CONDITIONS f. Termination and §yfUcIlincy of Funds A. Termination of Agreement Agency may terminate this Agreement at any time for cause by giving a minimum of 14 days' notice of termination, in writing, to the Grantee. Cause shall consist of violations of any conditions of this Agreement, any breach of contract as described in paragraph 6 of this Exhibit C; violation of any federal or state laws; or withdrawal of Agency's expenditure authority. Upon termination of this Agreement, unless otherwise approved in writing by Agency, any unexpended funds received by the Grantee shall be returned to Agency within 30 days of Agency's notice of termination. B. Sufficiency of Funds This Agreement is valid and enforceable only if sufficient funds are made available to Agency by legislative appropriation. In addition, this Agreement is subject to any additional restrictions, limitations or conditions, or statutes, regulations or any other laws, whether federal or those of the State of California, or of any agency, department, or any political subdivision of the federal or State of California governments, which may affect the provisions, terms or funding of this Agreement in any manner. 2. Transfers Grantee may not transfer or assign by subcontract or novation, or by any other means, the rights, duties, or performance of this Agreement or any part thereof, except with the prior written approval of Agency and a formal amendment to this Agreement to affect such subcontract or novation. 3. Grantee's Application for Funds Grantee has submitted to Agency an application for HHAP funds to support regional coordination and expand or develop local capacity to address its Immediate homelessness challenges. Agency is entering into this Agreement on the basis of, and in substantial reliance upon, Grantee's facts, information, assertions and representations contained in that application, and in any subsequent modifications or additions thereto approved by Agency. The application and any approved modifications and additions thereto are hereby incorporated into this Agreement. Homeless Housing, Assistance and Prevention Program NOFA Date: December 6. 2019 City of Santa Ana 20-HHAP-00010 Page 13 of 23 Homeless Housing, Assistance and Prevention Standard Agreement EXHIBIT C HOMELESS COORDINATING AND FINANCING COUNCIL TERMS AND CONDITIONS Grantee warrants that all Information, facts, assertions and representations contained in the application and approved modifications and additions thereto are true, correct, and complete to the best of Grantee's knowledge. In the event that any part of the application and any approved modification and addition thereto is untrue, incorrect, Incomplete, or misleading in such a manner that would substantially affect Agency approval, disbursement, or monitoring of the funding and the grants or activities governed by this Agreement, then Agency may declare a breach of this Agreement and take such action or pursue such remedies as are legally available. 4. Reporting/Audits A. Annual Report Deadlines By January 1, 2021, and annually on that date thereafter until all funds have been expended, the Grantee shall submit an annual report to Agency in a format provided by Agency. if the Grantee fails to provide such documentation, Agency may recapture any portion of the amount authorized by this Agreement with a 14-day written notification. No later then January 1, 2026. the Grantee shall submit a final report, in a format provided by Agency, as well as a detailed explanation of all uses of the Program funds. B. Reporting Requirements The annual report shall contain detailed information in accordance with Health and Safety Code section 50221, subdivision (a).This information includes the following, as well as any additional information deemed appropriate or necessary by Agency: 1. An ongoing tracking of the specific uses and expenditures of any Program funds broken out by eligible uses listed, including the current status of those funds. 2. The number of homeless Individuals served by the Program funds in that year, and a total number served in all years of the Program, as well as the homeless populations served. 3. The types of housing assistance provided, broken out by the number of Individuals. Homeless Housing, Assistance and Prevention Program NOPA Date: December 6, 2010 City of Santa Ana 20-HHAP-00019 Page 14 of 23 Homeless Housing, Assistance and Prevention Standard Agreement EXHIBIT C HOMELESS COORDINATING AND FINANCING COUNCIL TERMS AND CONDITIONS 4. Outcome date for an individual served through Program funds, including the type of housing that an Individual exited to, the percent of successful housing exits, and exit types for unsuccessful housing exits. In addition to the annual reports, Agency requires the Grantee to submit quarterly expenditure reports due no later than 30 days following the end of each fiscal quarter. Grantee shall submit a report to the agency on a form and method provide by the agency, that includes the ongoing tracking of the specific uses and expenditures of any program funds broken out by eligible uses listed, including the current status of those funds, as well as any additional information the agency deems appropriate or necessary. Agency may require additional supplemental reporting with written notice to the Grantee. C. Auditing Agency reserves the right to perform or cause to be performed a financial audit. At Agency request, the Grantee shall provide, at its own expense, a financial audit prepared by a certified public accountant. HHAP administrative funds may be used to fund this expense. 1. If a financial audit is required by Agency, the audit shall be performed by an independent certified public accountant. 2. The Grantee shall notify Agency of the auditor's name and address immediately after the selection has been made. The contract for the audit shall allow access by Agency to the independent auditor's working papers. 3. The Grantee is responsible for the completion of audits and all costs of preparing audits. 4. If there are audit findings, the Grantee must submit a detailed response acceptable to Agency for each audit finding within 90 days from the date of the audit finding report. 5. Inspection and Retention of Records A. Record Inspection The Grantee agrees that Agency or its designee shall have the right to review, obtain, and copy all records and supporting documentation pertaining to performance under this Agreement. The Grantee agrees to provide Agency, or its designee, with any Homeless Housing, Assistance and Prevention Program NOFA Date: December 0, 2019 0 City of Santa Ana 20-HHAP-00019 Page 15 of 23 Homeless Housing, Assistance and Prevention Standard Agreement EXHIBIT C HOMELESS COORDINATING AND FINANCING COUNCIL TERMS AND CONDITIONS relevant information requested. The Grantee agrees to give Agency or its designee access to its premises, upon reasonable notice and during normal business hours, for the purpose of interviewing employees who might reasonably have information related to such records, and of inspecting and copying such books, records, accounts, and other materials that may be relevant to an investigation of compliance with the Homeless Housing, Assistance, and Prevention Program laws, the HHAP program guidance document published on the website, and this Agreement. B. Record Retention The Grantee further agrees to retain all records described in suboaraaraoh A for a minimum period of five (5) years afterthe termination of this Agreement. If any litigation, claim, negotlation, audit, monitoring, inspection or other action has been commenced before the expiration of the required record retention period, all records must be retained until completion of the action and resolution of all issues which arise from it. 6. Breach and Remedies A. Breach of Agreement Breach of this Agreement Includes, but is not limited to, the following events: I. Grantee's failure to comply with the terms or conditions of this Agreement. 2. Use of, or permitting the use of, HHAP funds provided under this Agreement for any ineligible activities. 3. Any failure to comply with the deadlines set forth in this Agreement. S. Remedies for Breach of Agreement In addition to any other remedies that may be available to Agency in law or equity for breach of this Agreement, Agency may; 1. Bar the Grantee from applying for future HHAP funds; 2. Revoke any other existing HHAP award(s) to the Grantee; 3. Require the return of any unexpended HHAP funds disbursed under this Agreement; 4. Require repayment of HHAP funds disbursed and expended under this Agreement; Homeless Housing, Assistance and Prevention Program NOFA Date: December 0, 2019 City of Santa Ana 20-HHAP-00019 Page 16 of 23 Homeless Housing, Assistance and Prevention Standard Agreement EXHIBIT C HOMELESS COORDINATING AND FINANCING COUNCIL TERMS AND CONDITIONS 5. Require the Immediate return to Agency of all funds derived from the use of HHAP funds including, but not limited to, recaptured funds and returned funds; and 6. Seek, in a court of competent Jurisdiction, an order for specific performance of the defaulted obligation or the appointment of a receiver to complete the technical assistance in accordance with HHAP requirements. C. All remedies available to Agency are cumulative and not exclusive. D. Agency may give written notice to the Grantee to cure the breach or violation within a period of not less than 15 days. 7. Waivers No waiver of any breach of this Agreement shall be held to be a waiver of any prior or subsequent breach. The failure of Agency to enforce at any time the provisions of this Agreement, or to require at any time, performance by the Grantee of these provisions, shall in no way be construed to be a waiver of such provisions norto affect the validity of this Agreement or the right of Agency to enforce these provisions. 8. Nondiscdmination During the performance of this Agreement, Grantee and its subrecipients shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex (gender), sexual orientation, gender identity, gender expression, race, color, ancestry, religion, creed, national origin (including language use restriction), pregnancy, physical disability (including HIV and AIDS), mental disability, medical condition (cancer/genetic characteristics), age (over 40), genetic Information, marital status, military and veteran status, and denial of medical and family care leave or pregnancy disability leave. Grantees and subGrantees shall ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Grantee and its subrecipients shall comply with the provisions of California's laws against discriminatory practices relating to specific groups: the California Fair Employment and Housing Act (FEHA) (Gov. Code, § 12900 et seq.); the regulations promulgated thereunder (Cal. Code Regs., tit. 2, § 11000 at seq.); and the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code, §§ 11135 -11139.5). Grantee and its subrecipients shall give written notice of their obligations Homeless Housing, Assistance and Prevention Program IVDFA Date: December 6, 2019 y City of Santa Ana 20-HHAP-00019 Page 17 of 23 Homeless Housing, Assistance and Prevention Standard Agreement EXHIBIT C HOMELESS COORDINATING AND FINANCING COUNCIL TERMS AND CONDITIONS under this clause to labor organizations with which they have a collective bargaining or other agreement. 9. Conflict of Interest All Grantees are subject to state and federal conflict of interest laws. For Instance, Health and Safety Code section 50219, subdivision (h) states, "For purposes of Section 1090 of the Government Code, a representative of a county serving on a board, committee, or body with the primary purpose of administering funds or making funding recommendations for applications pursuant to this chapter shall have no financial interest In any contract, program, or project voted on by the board, committee, or body on the basis of the receipt of compensation for holding public office or public employment as a representative of the county." Failure to comply with these laws, including business and financial disclosure provisions, will result in the application being rejected and any subsequent contract being declared void. Other legal action may also be taken. Additional applicable statutes include, but are not limited to, Government Code section 1090 and Public Contract Code sections 10410 and 10411. A. Current State Employees: No State officer or employee shall engage in any employment, activity, or enterprise from which the officer or employee receives compensation or has a financial interest, and which Is sponsored or funded by any State agency, unless the employment, activity, or enterprise is required as a condition of regular State employment. No State officer or employee shall contract on his or her own behalf as an Independent Grantee with any State agency to provide goods or services, B. Former State Employees: For the two-year period from the date he or she left State employment, no former State officer or employee may enter Into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements, or any part of the decision -making process relevant to the contract while employed in any capacity by any State agency. For the twelve-month period from the date he or she left State employment, no former State officer or employee may enter into a contract with any State agency if he or she was employed by that State agency in a policy -making position in the same general subject area as the proposed contract within the twelve-month period prior to his or her leaving State service. C. Homeless Housing, Assistance and Prevention Program NOFA Date: December @, 2019 ` ^S City of Santa Ana 20-HHAP-00019 Page 18 of 23 Homeless Housing, Assistance and Prevention Standard Agreement EXHIBIT C HOMELESS COORDINATING AND FINANCING COUNCIL TERMS AND CONDITIONS C. Employees of the Grantee: Employees of the Grantee shall comply with all applicable provisions of law pertaining to conflicts of Interest, including but not limited to any applicable conflict of Interest provisions of the a Political Reform Act of 1974 (Gov. Code, § 81000 at seq.). D. Representatives of a County: A representative of a county serving on a board, committee, or body with the primary purpose of administering funds or making funding recommendations for applications pursuant to this chapter shall have no financial E. interest in any contract, program, or project voted on by the board, committee, or body on the basis of the receipt of compensation for holding public office or public employment as a representative of the county. 10. Drug -Free Work lace Certification Certification of Compliance: By signing this Agreement, Grantee hereby certifies, under penalty of perjury under the laws of State of California, that it and its subreciplents will comply with the requirements of the Drug -Free Workplace Act of 1990 (Gov. Code, § 8350 at seq.) and have or will provide a drug -free workplace by taking the following actions: A. Publish a statement notifying employees and subrecipients that unlawful manufacture distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees, Grantees, or subrecipients for violations, as required by Government Code section 8355, subdivision (a)(1). B. Establish a Drug -Free Awareness Program, as required by Government Code section 8355, subdivision (a)(2) to inform employees, Grantees, or subrecipients about all of the following: 1. The dangers of drug abuse in the workplace; 2. Grantee's policy of maintaining a drug -free workplace; 3. Any available counseling, rehabilitation, and employee assistance program; and 4. Penalties that may be imposed upon employees, Grantees, and subrecipients for drug abuse violations. Homeless Housing, Assistance and Prevention Program NOFA Date: December 6, 2019 City of Santa Ana 20-HHAP-00019 Page 19 of 23 Homeless Housing, Assistance and Prevention Standard Agreement EXHIBIT C HOMELESS COORDINATING AND FINANCING COUNCIL, TERMS AND CONDITIONS C. Provide, as required by Government Code section 8355, subdivision (a)(3), that every employee and/or subreclpient that works under this Agreement: 1. Will receive a copy of Grantee's drug -free policy statement, and 2. Will agree to abide by terms of Grantee's condition of employment or subcontract. 11. Child Support Compliance Act For any Contract Agreement in excess of $100,000, the Grantee acknowledges in accordance with Public Contract Code 7110, that: A. The Grantee recognizes the Importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of Information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and B. The Grantee, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department. 12. Special Conditions -- Grantees/SubGrantee The Grantee agrees to comply with all conditions of this Agreement including the Special Conditions set forth In Exhibit D. These conditions shall be met to the satisfaction of Agency prior to disbursement of funds. The Grantee shall ensure that all SubGrantees are made aware of and agree to comply with all the conditions of this Agreement and the applicable State requirements governing the use of HHAP funds. Failure to comply with these conditions may result in termination of this Agreement. A. The Agreement between the Grantee and any SubGrantee shall require the Grantee and its SubGrantees, if any, to: 1. Perform the work in accordance with Federal, State and Local housing and building codes, as applicable. Homeless Housing, Assistance and Prevention Program NOFA pate: December 6, 2019 City of Santa Ana 20-HHAP-00019 Page 20 of 23 Homeless Housing, Assistance and Prevention Standard Agreement EXHIBIT C HOMELESS COORDINATING AND FINANCING COUNCIL TERMS AND CONDITIONS 2. Maintain at least the minimum State -required worker's compensation for those employees who will perform the work or any part of it. 3. Maintain, as required by law, unemployment insurance, disability insurance, and liability insurance in an amount that is reasonable to compensate any person, firm or corporation who may be injured or damaged by the Grantee or any SubGrantee in performing the Work or any part of It. 4. Agree to include all the terms of this Agreement in each subcontract. 13. Compliance with State and Federal Laws Rules Guidelines and Regulations The Grantee agrees to comply with all state and federal laws, rules and regulations that pertain to construction, health and safety, labor, fair employment practices, environmental protection, equal opportunity, fair housing, and all other matters applicable and/or related to the HHAP program, the Grantee, Its subrecipients, and all eligible activities. Grantee shall also be responsible for obtaining any and all permits, licenses, and approvals required for performing any activities underthis Agreement, including those necessary to perform design, construction, or operation and maintenance of the activities. Grantee shall be responsible for observing and complying with any applicable federal, state, and local laws, rules or regulations affecting any such work, specifically those including, but not limited to, environmental protection, procurement, and safety laws, rules, regulations, and ordinances. Grantee shall provide copies of permits and approvals to Agency upon request. 14. Inspections A. Grantee shall inspect any work performed hereunder to ensure that the work is being and has been performed in accordance with the applicable federal, state and/or local requirements, and this Agreement. B. Agency reserves the right to inspect any work performed hereunder to ensure that the work is being and has been performed in accordance with the applicable federal, state and/or local requirements, and this Agreement. C. Grantee agrees to require that all work that is determined based on such inspections not to conform to the applicable requirements be corrected and to withhold payments to the subrecipient until it is corrected. Homeless Housing, Assistance and Prevention Program NOFA Date: December 6, 2019 l City of Santa Ana 20-HHAP-00019 Page 21 of 23 Homeless Housing, Assistance and Prevention Standard Agreement EXHIBIT C HOMELESS COORDINATING AND FINANCING COUNCIL TERMS AND CONDITIONS 15, Litigation A. If any provision of this Agreement, or an underlying obligation, is held Invalid by a court of competent jurisdiction, such invalidity, at the sole discretion of Agency, shall not affect any other provisions of this Agreement and the remainder of this Agreement shall remain in full force and effect. Therefore, the provisions of this Agreement are and shall be deemed severable. B. The Grantee shall notify Agency immediately of any claim or action undertaken by or against it, which affects or may affect this Agreement or Agency, and shall take such action with respect to the claim or action as is consistent with the terms of this Agreement and the interests of Agency. Homeless Housing, Assistance and Prevention Program NOFA Date: December 6, 2019 City of Santa Ana 20-HHAP-00019 Page 22 of 23 Homeless Housing, Assistance and Prevention Standard Agreement EXHIBIT D SPECIAL TERMS AND CONDITIONS 1. Alt proceeds from any interest -bearing account established by the Grantee for the deposit of HHAP funds, along with any interest -bearing accounts opened by subrecipients to the Grantee for the deposit of HHAP funds, must be used for HHAP-ellglble activities. 2. Any housing -related activities funded with HHAP funds, including but not limited to emergency shelter, rapid -rehousing, rental assistance, transitional housing and permanent supportive housing, must be in compliance or otherwise aligned with the core components of Housing First, pursuant to Welfare and Institutions Code section 8255, subdivision (b). 3. Grantee agrees to utilize its local Homeless Management Information System (HMIS) to track HHAP-funded projects, services, and clients served. Grantee will ensure that HMIS data are collected in accordance with applicable laws and in such a way as to identify individual projects, services, and clients that are supported by HHAP funding (e.g„ by creating appropriate HHAP-specific funding sources and project codes in HMIS). 4. Grantee agrees to participate in the statewide data system or warehouse created by Agency to collect local data from California continuums of care through the HMIS, and sign any required data use agreements allowing Agency to access Grantee's HMIS data for that purpose. 5. If Grantee is a continuum of care or a county that accepted redirected funding from a continuum of care, it shall review and execute a data use agreement no later than July 31, 2020, in order to ensure compliance with Health and Safety Code section 50219, subdivision (a)(7) and (10). Grantee's failure to timely execute a data use agreement will constitute a breach of this Agreement. In this event, BCSH, in its sole and absolute discretion, may exercise any and all remedies permitted by this Agreement or by applicable law. Homeless Housing, Assistance and Prevention Program NOPA Date: December 6, 2019 City of Santa Ana 20-HHAP-00019 Page 23 of 23 Homeless Housing, Assistance and Prevention Standard Agreement EXHIBIT E GENERAL TERMS AND CONDITIONS This exhibit is incorporated by reference and made part of this agreement. This document can be viewed at the following link: htt s: .d s. ov/OLSIResourc s/P-ContenW ce-of-Le al-Services- Resources-List-Folder/Standard-Contract-Lanouaae Homeless Housing, Assistance and Prevention Program NOFA Date: December 0, 2019 INSURANCE OIL i IL, WORK MAY PROCELL) UNTILINSURANC VXPIRES V IIA IDI CLERK OF COUNCIL _ DATE A-2021-196 STREET OUTREACH AND ENGAGEMENT AGREEMENT CITY OF SANTA ANA THIS STREET OUTREACH AND ENGAGEMENT AGREEMENT ("Agreement") is made and entered into on this _!� day of QCApbey' , 2021, by and between Kingdom Causes, Inc., dba City Net, a California nonprofit corporation ("Contractor"), and 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"). 0 cue RECITALS r A. In April, 2021, the City released Request for Proposals #21- O(o� ("RFP") for Homeless Outreach — Street Outreach and Engagement in the City of Santa Ana, which is service delivery for the specific purpose of reaching out to unsheltered homeless neighbors; connecting them with emergency shelter, housing, or critical services; and providing urgent, non -facility -based care. A true and correct copy of the RFP is attached hereto as Exhibit A. B. Contractor submitted a proposal that was selected by the City for this purpose. Contractor is qualified by experience, preparation, organization, staffing and management to operate programs on behalf of homeless individuals and is familiar with existing homeless services in the City. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: I. SCOPE OF SERVICES Contractor shall perform during the term of this Agreement, the tasks and obligations, including all labor, materials, tools, equipment, and incidental customary work, required to fully and adequately complete the services described and set forth in the Scope of Work attached hereto as Exhibit B. 2. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services for City, the rates and charges detailed in the Budget attached hereto as Exhibit C. The total sum to be expended during the term of this Agreement shall not exceed $1,300,000. b. Payment by City shall be made within forty-five (45) days following receipt of Proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made, or shall be refunded, for work that fails to meet the standards of performance set forth in the Recitals, which may reasonably be expected by City. C. The compensation required pursuant to this Agreement will be paid by City to Contractor from multiple federal, state, and local funding sources (each individually a "Funding Source" and cumulatively the "Funding Sources"), including, but not limited to, the following: i. HHAP I ARPA Contractor will be required to enter into a separate funding agreement for each Funding Source. Contractor will be required to comply with all requirements of each Funding Source, as detailed in the separate funding agreements. The total amount of compensation in said funding agreements shall count toward the total amount due and owing from City to Contractor under this Agreement, not compensation in addition to the total amount of this Agreement. If Contractor does not execute any of the separate funding agreements, Contractor will forfeit that amount of funding from that Funding Source, and City will have the option to terminate this Agreement pursuant to the terms of Section 15, below. Additionally, in the event any Funding Source is reduced by 25% or more, City will have the option to terminate this Agreement pursuant to the terms of Section 15, below. 3. TERM This Agreement shall commence on November 1, 2021, and continue through June 30, 2022, unless terminated earlier in accordance with Section 15 below. The term of this Agreement may be extended upon a writing executed by the City Manager and City Attorney. 4. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement ("Documents & Data"). Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusivo and perpetual license for any Documents & Data the subcontractor prepares under this Agreement, Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 6. INSURANCE Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, its agents, representatives, employees, or subcontractors. a. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall beat least as broad as; I. Commercial General Liability (CGL): Insurance Services Office Form Co 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit, 2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code t (any auto), or if Contractor has no owned autos, Code & (hired) and 9 (non -owned), with limit no less than $1,000,000 per accident for bodily injury and property damage. (Not required if an automobile is not required to fulfill services,) 3. Workers' Compensation: insurance as required by the Stato of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. 4. Professional Liability (Errors and Omissions); Insurance appropriates to the Contractor's profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. (If applicable.) 5. Sexual Abuse or Molestation (SAM) Liability; If the work will include contact with minors, and the CGL policy referenced above is not endorsed to include affirmative coverage for sexual abuse or molestation, Contractor shall obtain and maintain a policy covering Sexual Abuse and Molestation with a limit no less than $1,000,000 per occurrence or claim. 6. If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. b. Other Insurance Provisions — The insurance policies are to contain, or be endorsed to contain, the following provisions: 1. Additional Insured Status: The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance (at least as broad as ISO Form CG 20 1011 85 or if not available, through the addition of both CG 2010, CG 20 26, CO 20 33, or CO 20 38; and CG 20 37 forms if a later edition is used). 2. Primary Coverage: For any claims related to this contract, the Contractor's insurance coverage shall be primary coverage at least as broad as ISO CG 20 0104 13 as respects the City, its officers, officials, employees, and volunteers, Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. 3. Notice of Cancellation: Each insurance policy required above shall state that coverage shall not be canceled, except with notice to the City. 4. Waiver of Subrogation: ,Contractor hereby grants to City a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that maybe necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. 5. Self -Insured Retentions: Self=insured retentions must be declared to and approved by the City. The City may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self - insured retention may be satisfied by either the named insured or City, 6. Acceptability of1murers: Insurance is to be placed with insurers authorized to conduct business in the state with a current A,M, Best's rating of no less than AMI, unless otherwise acceptable to the City. 7. Claims Made Policies: If any of the required policies provide coverage on a claims -made basis: 1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work. 2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 3. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase "extended reporting,, coverage for a minimum of five (5) years after completion of contract work. 8. Verification of Coverage; Contractor shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the COL policy listing all policy endorsements to City before work begins. however, failure to obtain the required documents prior to the work beginning shall not waive the Contractor's obligation to provide them. 9. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. 10. Special Risks or Circumstances: City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. s INDEMNIFICATION Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability. (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. 8. INTELLECTUAL PROPERTY INDEMNIFICATION Contractor shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Contractor to the City pursuant to this Agreement. 9. RECORDS Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement. 10. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential Information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential Information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that: (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor, disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or, (e) is independently developed by the Contractor without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 12. NON-DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 13, EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. 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 is not embodied herein. 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services that are the subject to this Agreement performed by City personnel or by other contractors retained by City. 15. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. hi such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 18, PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers; and exemptions. Said inability shall be cause for termination of this Agreement. 19, NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 With courtesy copies to: Executive Director Community Development Agency City of Santa Ana 20 Civic Center Plaza (M-xx) P.O. Box 1988 Santa Ana, California 92702 Fax: To City Net: Brad Fieldhouse Executive Director City Net PO Box 90243 Long Beach, CA 90809 323-485-8881 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. if sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 20. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the 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. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. (Signatures onfollowingpage) W IN WrFNESS WHEREOF, the partio hereto have executed thk Agreanc at the date and year first above written. ATTEST: APPROVED AS TO FOtt.w SOMA R. CARVALHO City Attorney By._! it Ryan O. AmiM City Attorney RECOMMENDED FOR APPROVAL: Steven A. Mendoza Executive Director Community Development Agency 10 CITY OF SAN TA ANA KriStine R7dge City Manager CM NET: Executive Director Tax ED# 57-1162424 Dl,iolly signed by Frzntlne R. Francine R. Villareal Wwrem ogre: mzi Rm sns nansno KINGCAU-01 C ARCIA CERTIFICATE OF LIABILITY INSURANCE OAT/1412021YY) 1/14/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer riahts to the certificate holder in lieu of such endorsement(sl" PRODUCER "" '­ w " WBA Insurance 13304 Philadelphia St Suite 200 Whittier, CA 90601 INSURED Kingdom Causes dba City Net 4508 Atlantic Avenue, Ste 292 Long Beach, CA 90807 789-5704 INSURER(S) AFFORDING COVERAGE INSURER B : HlscoX Insurance Company Inc. COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE �ADDL LTR SUBR POLICY NUMBER POLICY EFF POLICY EXP Minn MMIDD LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE _jC OCCUR PHPK2226222 1/11/2021 1/11/2022 X EACH OCCURRENCE $ 2,000,000 REVISES RENTED PREMISES Eao Irrence $ 100,000 MED EXP (Any one persysn) $ 51000 PERSONAL &ADV INJURY $ 2,000,000 .,_ GENERAL AGGREGATE $ 4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: X POLICY __1 jECT EI LOC PRODUCTS - COMP/OP AGO $ 4,000,000 SEXUAL ABUSE $ 2,000,000 X OTHER: A AUTOMOBILE LIABILITY (PHPK2226222 COMBINED SINGLE LIMBB $ (Ea accid atANY 1,000,000 BODILY INJURY Per person) $ AUTO _ OWNED SCHEDULED X 1/11/2021 1/11/2022 -- AUTOS ONLY _ AUTOS BODILVINJURY Per accident) S X HIRED X NON -OWNED _ AUTOS ONLY AUTOS ONLY PROPERTY DAMAGE Per accltlenl $ _ $ UMBRELLA LIAB OCCUR EACH OCCURRENCE _ _$ AGGREGATE $ _ EXCESS LIAB CLAIMS -WADE! S— DED RETENTION$ WORKERS COMPENSATION PER OTH- AND EMPLOYERS' LIABILITY YIN STATUTE ERA ANY PROPRIETORIPARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICERIMEMBER EXCLUDED? NIA .. (Mandatory in NH) E.L. DISEASE_ EA EMPLOYEE; $ It yes, describe under "- DESCRIPTION OFOPERATIONS below EL.DISEASE - POLICY LIMIT $ A Prof. Liability X PHPK2226222 1/11/2021 1/11/2022 Claims Made/2mil aggl 1,000,000 B Cyber Security Liab. X MPL1841282.20 10/19/2020 10/19/2021 1 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) 10 Days Notice of Cancellation for non-payment/ 30 Days Notice other than non-payment- Coverage is Primary & Non -Contributory The City of Santa Ana, its officers, employees, agents, volunteers & representatives are named additional insured with respects to the operations of the named insured per the attached CG20261185 endorsement. Such insurance is primary and non-contributory. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Santa Ana y THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Risk Management Division ACCORDANCE WITH THE POLICY PROVISIONS. 20 Civic Center Plaza, 4th floor Santa Ana, CA 92701 AUTHORIZED REPRESENTATIVE � ��� RielrMnugtmlmf Division \ REVIEWED&APPROVBJBY: : c I, F4111 R, V: 1111t ACORD 25 (2016/03) 01988-2015 ACORD Cl�a The ACORD name and logo are registered marks of ACORD-""'- Risk Management Analyst POLICY NUMBER: ❑EEE2226222 COMMERCIAL GENERAL LIABILITY CG 20 26 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): All Persons or organizations where required by written contract Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for 'bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performance of your ongoing operations; or 2. In connection with your premises owned by or rented to you. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 26 04 13 © Insurance Services Office, Inc., 2012 Rbk Management Division cREAMM &pAPPROVED Rr; Risk Management Analyst Policy Number: - 1 1 2226222 I'dl I I ELL . I r i I. -..-. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTSICOMPLETED OPERATIONS LIABILITY COVERAGE PART The following Is added to the Other Insurance Condition (2) You have agreed in writing in a contract or agrea- and supersedes any provision to the contrary: ment that this insurance would he primary and would not seek contribution from any other in - Primary And Noncontributory Insurance surance available to the additional insured. This insurance is primary to and will not seek con- tribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named insured under such other insurance; and CG 20 0104 13 © Insurance Services Office, Inc., 2012 Insured RenEwm S APPRov® Sr o hs Z vz" R6k Management Analyst eN Meg Oka 2121 W. Crescent Ave, Suite A Anaheim, CA 92801 26 November 2019 Risk Management City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92701 To Whom It May Concern: City Net City Net currently only uses HIRED AUTOS and NON -OWNED AUTOS in its course of operations. Our automobility liability insurance reflects this vehicle status, and therefore we do not have OWNED coverage. We do not foresee this status changing in the near future, but if it does, we will promptly notify the City and acquire the appropriate OWNED coverage. Sincerely, Meg Direct of Operations, City Net (714)795-4348 meg@citynet.org ram+ City Net 2121 West Crescent Avenue, Suite A, Anaheim CA 9 .9-, -,.;° naBD""° ,:,:. REVIEWIaS APPROVED BY: City Net is a DBA of Kingdom Causes, EIN 57-1162424 si a f+w nc iZ V:LGnuC XR � Risk Managenenl Analyst ACORO CERTIFICATE OF LIABILITY INSURANCE DATEIMMIDDIYY `, 05130/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURERS), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. mrUen,Ars,. it wo cm uuww n uvnnG mavrsGv, Ulu pVRGy119e/ MUDX milve AMMI IIURU L IN01UNCM PFOVNnOm Or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an andorsemanL A atffiamerd on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). vaooucER WINE: EMPLOYEE KSI Kinter-Buchanan Insurance Agency PHONNes Est: (310) 79846100 No: (310) 798.6151 License Number: OE40872 AODREBe; KBInsAgency@gmail.com 1014 South Pacific Coast H WY INSURER(al AFFORDING COVERAGE NAIL / Redondo Beach CA 90277 INSURERA: Technology Insurance Company 42376 Kingdom Causes (a Corporation) 4508 Atlantic Ave a292 11292 Long Beach CA 90807 INSURERC: INSURER D INSURER e : WRIIRPa P COVERAGES CERTIFICATE NUMBER: CL1851011902 RFVISIr1M NHYPIPR• THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, LTR TYPE OF INSURANCE Syyp POLICYNUMBER PULIUY EIMF M POLICY like., LIMITS COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR EACH OCCURRENCE S PREMISES Eao '-w S MED FXP(Any me Diner) s PERSONAL Is ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER. POLICY ❑ JECOT � LOC OTHER GENERALAGGREGATE f PRODUCTS-COMPAW AGG S s AUTOMOBILE LIABILITY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NONOINNED AUTOS ONLY AUTOS ONLY O BIINEEDD SINGLE LIMITS MetANY DODILY INJURY (Pew Person) S DOgLV INJURY (Par AfOOIDIn S MA IPW arCOenl S S UMBRELLA UAB EXCESS LIAR OCCUR CLAIMS -MADE EACH OCCURRENCE S AGGREGATE f DIED I I RETENTION S i A WORKERS COMPENSATION 0.N0 EMPLOYERS' LIABILITY YIN ANY PROPRIET0111PARTNERTXECUTIVE OFPICERIMEMBER EXCLUDED? MernedMery le IN) 11 yes tle to undx DESCRIPTION OF OPERATIONS DeIaw NIA TWC3853952 03/01/2020 03/01/202, X STATUTE 11 17ERTF7' ELL EACH ACCIDENT S 1,000,000 EL DISEASE - EA EMPLOYEE S 1.000,000 E. L. DISEASE -POLICY LIMIT S 1,000.000 DESCRI"ONOFOPEFtATtONSILOCATIONSIVEMCLES(ACORD101,AMM 41Remerb SWMdW%mey Oa0.Wched ifmorespmMreblwetl) Evidence Of Coverage SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Santa Ana ACCORDANCE WITH THE POLICY PROVISIONS. 20 Civic Center Plan AUTNORMED REPRESENTATIVE Santa Ana CA 92701 - Rtek MMwgemordDNNtdn " - "T ®1983-20f 5 ACORD C o-RE\Aexm & APPRovED BY: ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD F uJZ.ViLvl4ci Risk Management Analyst