Loading...
HomeMy WebLinkAboutNATI’S HOUSE dba NEUTRAL GROUNDINSURANCE ON FILE WORK MAY PROCEED A-2 022-069-10 UNTIL INSURANCE EXPIRES � ' (0-2?j CLERK OF COUNCIL DATE: AGREEMENT BETWEEN THE CITY OF SANTA ANA AND NATI'S HOUSE DBA NEUTRAL GROUND FOR USE OF t9-'••QtZCSh (Er&v�c iscoA)W)2 AMERICAN RESCUE PLAN ACT (ARPA) FUNDS This Agreement is hereby made and entered into this 3rd day of May, 2022, by and between the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("CITY"), and Nati's House DBA cNeutral Ground, a California domestic nonprofit corporation ("SUBRECIPIENT" or "CONTRACTOR'). ,—a i RxsjIV.�M A. The American Rescue Plan Act ("ARPA") was signed into law in March 2021. ARPA provides funding for a number of different programs, including the Coronavirus State and Local Fiscal Recovery Fund ("SLFRF"), to provide monetary support to local governments to respond to, mitigate, and recover from the COVID-19 public health emergency. B. On July 20, 2021, the Santa Ana City Council authorized the City Manager to utilize ARPA SLFRF funding from the United States Department of Treasury for the Revive Santa Ana Spending Plan, which includes five spending categories: recovery from the pandemic, direct assistance programs, public health and safety, critical infrastructure, and city fiscal health. C. SUBRECIPIENT has been selected by the CITY to receive ARPA SLFRF Funds in order to provide youth programs, including: early childhood support; head start; day care; after school tutoring; athletic; and, youth violence prevention, in accordance with the Scope of Work attached hereto as Exhibit A and incorporated herein by reference ("said program"). SUBRECIPIENT represents that it is qualified and willing to operate said program and certifies that the administration of said program carried out with funds provided under this Agreement will meet ARPA's objectives to respond to, mitigate, and recover from this historic COVID-19 public health crisis. D. SUBRECIPIENT agrees that it will adhere to the tasks and services as indicated in Exhibit A for said program. Failure to follow the requirements and meet the stated expectations may constitute breach of contract that could result in termination of this Agreement or serve as reason for the CITY to recapture the grant funds awarded to SUBRECIPIENT pursuant to this Agreement. WHEREFORE, it is agreed by and between the parties that the foregoing Recitals are a substantive part of this Agreement and the following terms and conditions are approved and together with all exhibits and attachments hereto, shall constitute the entire Agreement between the CITY and SUBRECIPIENT: I. ARPA PROGRAM PROVISIONS A. Scope of Work. SUBRECIPIENT shall be responsible for the specific tasks and services of said program, and agrees to administer said program in compliance with the tasks and services as described in the Scope of Work attached hereto as Exhibit A. SUBRECIPIENT's failure to perform as required may, in addition to other remedies set forth in this Agreement, result in readjustment of the amount of funds for said program or termination of this Agreement. B. Term ofAgreement. The term of said Agreement shall commence on July 1 st. 2022, and continue through June 30, 2023 ("Term"), unless terminated earlier pursuant to the terms of this Agreement. This Agreement shall also cover any and all services provided by the SUBRECIPIENT to the CITY since the date the ARPA SURF Funds were awarded to the CITY. Additionally, the Term of this Agreement may be extended by a writing executed by the City Manager, or designee, and the City Attorney. C. Amount of Grant Funding. The total amount of funds provided for said program shall not exceed One Hundred Twenty -Two Thousand One Hundred Seventy -Two Dollars and Zero Cents ($122.172) ("ARPA SURF Funds") during the Term of the Agreement. SUBRECIPIENT agrees to use said ARPA SURF Funds to administer said program as outlined in Exhibit A. D. Disbursement of Funds. Said ARPA SURF Funds shall be disbursed by CITY to SUBRECIPIENT pursuant to the terms found in the Fee Payment Schedule attached hereto as Exhibit B, with payments subject to the submittal of invoices and other reporting requirements, as hereinafter more fully set forth. SUBRECIPIENT shall be obligated to perform such duties as would normally extend beyond the term, including, but not limited to, obligations with respect to indemnification, audits, reporting, data retention/reporting, and accounting. Failure to provide any of the required documentation and reporting will cause CITY to withhold all or a portion of a request for ARPA SURF Funds, or return the entire request to SUBRECIPIENT, until such documentation and reporting has been received and approved by CITY. (1) Reduction in ARPA SURF Funding. The CITY reserves the right to reduce the amount of ARPA SURF Funds to SUBRECIPIENT, or to completely terminate this Agreement, in the CITY's sole discretion, if there is a reduction in ARPA SURF Funds provided to the CITY. (2) Reduced Distribution of Funds. The CITY reserves the right to reduce the grant application if the CITY's fiscal monitoring indicates that SUBRECIPIENT's rate of expenditure will result in unspent funds at the end of the program term. Amendments in the grant allocation will be made after consultation with SUBRECIPIENT. (3) Reversion of Assets. SUBRECIPIENT agrees that any and all funds received under this Agreement shall be utilized during the Term of this Agreement, and that any and all funds remaining as of the end of the Term, which have not been utilized, shall be returned by SUBRECIPIENT to the CITY within thirty (30) days of the expiration or earlier termination of the Agreement. No expense of SUBRECIPIENT will be reimbursed by CITY if incurred after the end of the Tenn of the Agreement. 2 E. Grant Program Requirements. (1) SUBRECIPIENT acknowledges that the source of funding for said program is the federal ARPA, and that payments from the ARPA SURF Funds are only to be used to make necessary expenditures incurred due to the public health emergency with respect to COVID-19. (2) SUBRECIPIENT acknowledges that ARPA provisions allow the use of ARPA SURF Funds to respond to, mitigate, and recover from the COVID-19 public health emergency, and will not use these funds for any other uses. (3) SUBRECIPIENT shall follow the process and determination of eligibility for participants in said program as outlined in Exhibit A. F. Performance Monitoring. (1) SUBRECIPIENT shall submit program performance information as often as requested by CITY, but no less than the submission of monthly reports and a final report to CITY with the information requested by and in the format acceptable to CITY. Each monthly report is due within thirty (30) days of completion of work for each month. The final report is due within thirty (30) days after the termination or expiration of this Agreement. (2) CITY will evaluate SUBRECIPIENT's management and operation of said program with respect to the project expectations as described in Exhibit A. (3) CITY will review the audit of the SUBRECIPIENT to ensure that grant funds are used for authorized purposes in compliance with laws, regulations, and the provisions of contracts or grant agreements under this Agreement, including attachments and exhibits. (4) If action to correct any substandard performance is not taken by the SUBRECIPIENT within a reasonable period after being notified by CITY, suspension or termination procedures may be initiated by CITY. (5) All performance shall be subject to review by the CITY or other regulatory agencies at all times. SUBRECIPIENT shall provide adequate cooperation to any inspector or other CITY representative to permit the same to determine SUBRECIPIENT's conformity with the terms of this Agreement. If any services performed by SUBRECIPIENT are not in conformance with the terms of this Agreement, the CITY shall have the right to require SUBRECIPIENT to perform the services in conformance with the terms of the Agreement at no additional cost. The CITY may also terminate this Agreement for default and charge SUBRECIPIENT for any costs incurred by the CITY because of SUBRECIPIENT's failure to perform. (6) SUBRECIPIENT shall establish adequate procedures for self -monitoring and quality control and assurance to ensure proper performance under this Agreement; and shall permit a CITY representative or other regulatory official to monitor, assess, or evaluate SUBRECIPIENT's performance under this Agreement at any time, upon reasonable notice to SUBRECIPIENT. G. Audit. (1) SUBRECIPIENT shall maintain complete and accurate records and supporting documentation to facilitate financial and/or program audits by CITY. This requirement shall apply to any records and documentation CITY shall reasonably require or as required to be maintained pursuant to the ARPA regulations. (2) The books and accounts, files, and other records of SUBRECIPIENT, which are applicable to this Agreement, shall be available for inspection, review, and audit during normal business hours by CITY to determine the proper application and use of all ARPA SLFRF Funds provided to or for the account or benefit of SUBRECIPIENT. (3) SUBRECIPIENT assumes responsibility for reimbursement to CITY a sum of money equivalent to the amount of any expenditures disallowed should the CITY, or an authorized agency, rule through audit, exception, or some other appropriate means, that expenditures from funds allocated to SUBRECIPIENT for direct and/or administrative costs were not made in compliance with the applicable cost principles, regulations, or the provisions of this Agreement. (4) SUBRECIPIENT agrees to comply with the requirements of OMB Uniform Guidance 2 CFR Part 200. SUBRECIPIENT further agrees to provide CITY with a copy of completed independent auditors' report within thirty (30) days of CITY's request for such report. If the report contains instances of non-compliance with federal laws and regulations that bear directly on the performance or administration of this Agreement, SUBRECIPIENT shall provide CITY copies of responses to auditors' reports, a plan for corrective action, and auditors' response that the noncompliance has been resolved. All reports prepared in accord with the requirements of OMB Uniform Guidance 2 CFR Part 200 shall be available for inspection by representatives of CITY or the federal government during normal business hours. (5) All accounting records, reports, and evidence pertaining to all costs, expenses and the ARPA SLFRF Funds of SUBRECIPIENT and all documents related to this Agreement shall be maintained and kept available at SUBRECIPIENT'S office or place of business for the duration of the Agreement and thereafter for five (5) years from the date of final payment under this Agreement. Records which relate to: (a) complaints, claims, administrative proceedings or litigation arising out of the performance of this Agreement; or, (b) costs and expenses of this Agreement to which CITY or any other governmental agency takes exception, shall be retained beyond the five (5) years until complete resolution or disposition of such appeals, litigation claims, or exceptions. In the event SUBRECIPIENT does not make the above -referenced documents available within the City of Santa Ana, California, SUBRECIPIENT agrees to pay all necessary and reasonable expenses incurred by CITY in conducting any audit at the location where said records and books of account are maintained. H. Ownershiu/Use of Materials. SUBRECIPIENT agrees that all materials, reports or products in any form, including electronic, created by SUBRECIPIENT for which SUBRECIPIENT has been compensated pursuant to this Agreement shall be the sole property of the CITY. The material, reports, or products may be used by the CITY for any purpose that the CITY deems to be appropriate, including, but not limit to, duplication and/or distribution within the CITY or to third parties. SUBRECIPIENT agrees not to release or circulate in whole or part such materials, reports, or products without prior written authorization of the CITY. I. Close -Out. SUBRECIPIENT agrees to comply with the closeout procedures detailed in 2 CFR §200.343, including the following: (1) SUBRECIPIENT must submit, no later than ninety (90) calendar days after the end date of the period of performance, all financial, performance, and other reports as required by the terms and conditions of this Agreement; (2) SUBRECIPIENT must promptly refund any balances of unobligated cash that the CITY paid in advance or paid and that is not authorized to be retained by SUBRECIPIENT for use in other projects (See OMB Circular A-129 and 2 CFR §200.345); and, (3) CITY should complete all closeout actions for the Federal award no later than one year after receipt and acceptance of all required final reports. H. SUBRECIPIENT'S OBLIGATIONS A. Representations and Warranties. (1) Authority. SUBRECIPIENT is a duly organized and existing domestic nonprofit corporation in good standing and authorized to do business under the laws of the State of California. SUBRECIPIENT has full right, power and lawful authority to accept the funding hereunder and to undertake all obligations as provided herein and the execution, performance and delivery of this Agreement by SUBRECIPIENT has been fully authorized by all requisite actions on the part of SUBRECIPIENT. (2) Experience. SUBRECIPIENT is qualified to provide the administrator services for said program detailed herein. (3) Familiarity With Services Required. By executing this Agreement, SUBRECIPIENT warrants that: (i) it has thoroughly investigated and considered the administrator services to be performed and provided for said program as detailed in Exhibit A; (ii) it has carefully considered how the services should be performed; and, (iii) it fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. (4) No Conflict. To the best of SUBRECIPIENT'S knowledge, SUBRECIPIENT'S execution, delivery and performance of its obligations under this Agreement will not constitute a default or a breach under any contract, agreement or order to which SUBRECIPIENT is a party or by which it is bound. (5) No Bankruptcy. SUBRECIPIENT is not the subject of any current or threatened bankruptcy proceeding. (6) No Pending Legal Proceedings. SUBRECIPIENT is not the subject of a current or threatened litigation that would or may materially affect SUBRECIPIENT'S performance under this Agreement. (7) Proposal Veracity. All provisions of and information provided in SUBRECIPIENT's proposal submitted to CITY, including any exhibits, are true and correct in all material respects. (8) No Pending Investigation. SUBRECIPIENT has no knowledge that it is the subject of any current or threatened criminal or civil action investigation by any public agency, including without limitation a police agency or prosecuting authority, which would relate to or affect performance of the Agreement or provision of services hereunder. B. Licensing. SUBRECIPIENT agrees to obtain and maintain all required licenses, registrations, accreditation and inspections from all agencies governing its operations. SUBRECIPIENT shall ensure that its staff shall also obtain and maintain all required licenses, registrations, accreditation and inspections from all agencies governing SUBRECIPIENT's operations hereunder. Such licensing requirements include obtaining a City business license, as applicable. C. Zoning. SUBRECIPIENT agrees that any facility/property used in furtherance of said program shall be specifically zoned and permitted for such use(s) and activities. Should SUBRECIPIENT fail to have the required land entitlement and/or permits, thus violating any local, state or federal rules and regulations relating thereto, SUBRECIPIENT shall immediately make good - faith efforts to gain compliance with local, state or federal rules and regulations following written notification of said violation(s) from the CITY or other authorized citing agency. SUBRECIPIENT shall notify CITY immediately of any pending violations. Failure to notify CITY of pending violations, or to remedy such known violation(s) shall result in termination of grant funding hereunder. SUBRECIPIENT must make all corrections required to bring the facility/property into compliance with the law within sixty (60) days of notification of the violation(s); failure to gain compliance within such time shall result in termination of grant funding hereunder. D. Separation ofAccounts. All funds received by SUBRECIPIENT from CITY pursuant to this Agreement shall be maintained in an account in a federally insured banking or savings and loan institution with record keeping of such accounts maintained pursuant to applicable 2 CFR 200.302 requirements. SUBRECIRENT is not required to maintain separate depository accounts for ARPA SLFRF Funds; provided however, the SUBRECIPIENT must be able to account for receipt, obligation, distribution and expenditure of ARPA SLFRF Funds pursuant to applicable 2 CFR 200.302 requirements. E. Audit Report Requirements. SUBRECIPIENT agrees that if SUBRECIPIENT expends Seven Hundred Fifty Thousand Dollars ($750,000) or more in federal funds, SUBRECIPIENT shall have an annual audit conducted by a certified public accountant in accordance with the standards as set forth and published by the United States Office of Management and Budget. SUBRECIPIENT shall provide CITY with a copy of said audit by April 1 of the year following the program year in which this Agreement is executed. R F. Compliance with Law/Program Income. SUBRECIPIENT acknowledges that the funds being provided by CITY for said program are received by CITY pursuant to ARPA, and that distribution and expenditure of these ARPA SURF Funds shall be in accordance with ARPA and all pertinent regulations issued by agencies of the federal government, including, but not limited to, all regulations found at Title 24 of the Code of Federal Regulations. Any program income received by SUBRECIPIENT shall be returned to CITY, unless otherwise provided for in this Agreement. SUBRECIPIENT agrees to comply fully with all federal, state and local laws and court orders applicable to its operation and administration of said program, whether or not referred to in this Agreement. G. Debarment. To protect the public interest and ensure the integrity of Federal programs, CITY may only conduct business with responsible persons and may not make any award or permit any award to any party which is debarred or suspended or is otherwise excluded from or ineligible for participation in Federal assistance programs under Executive Order 12549, "Debarment and Suspension". See also 24 CFR 570.609. SUBRECIPIENT must review and sign Exhibit D "Debarment', which is attached hereto and incorporated herein by this reference. SUBRECIPIENT shall be in good standing, without suspension by the California Secretary of State, Franchise Tax Board or Internal Revenue Service. Any change in the corporate status or suspension of SUBRECIPIENT shall be reported immediately to CITY. H. Confidentiality. Without prejudice to any other provisions of this Agreement, SUBRECIPIENT shall, where applicable, maintain the confidential nature of information provided to it concerning participants in accordance with the requirements of federal and state law. However, SUBRECIPIENT shall submit to CITY or its representatives, all records requested, including audit, examinations, monitoring and verifications of reports submitted by SUBRECIPIENT, costs incurred and services rendered hereunder. I. Independent Contractor. SUBRECIPIENT agrees that the performance of obligations hereunder is rendered in its capacity as an independent contractor and that it is in no way an agent of CITY. J. Violation of Terms and Conditions. SUBRECIPIENT agrees that if SUBRECIPIENT violates any of the terms and conditions of this Agreement or any prior Agreement whereby ARPA SURF Funds were received by SUBRECIPIENT, or if SUBRECIPIENT reports inaccurately, or if on audit there is a disallowance of certain expenditures, SUBRECIPIENT agrees to remedy the acts or omissions causing the disallowance and repay CITY all amounts spent in violation thereof. If SUBRECIPIENT engaged in fraudulent activity to obtain and/or justify distribution or expenditure of the ARPA SURF Funds granted hereunder, SUBRECIPIENT shall be required to reimburse the CITY of all such funds that were obtained, distributed and/or spent under fraudulent circumstances. K. Fraud. SUBRECIPIENT shall immediately report all suspected or known instances and facts concerning possible fraud, abuse or criminal activity related to said program for the ARPA SURF Funds under this Agreement. 7 L. Prohibited Use. SUBRECIPIENT hereby certifies and agrees that it will not use ARPA SLFRF Funds provided through this Agreement to pay for entertainment, meals or gifts, or other prohibited uses. M. Lobbyin¢. SUBRECIPIENT certifies that it will comply with federal law (31 U.S.C. 1352) and regulations found at 24 CFR Part 87, which provide that no appropriated funds may be expended by the recipient of a federal contract, grant, loan or cooperative agreement to pay any person for influencing or attempting to influence an officer or employee of any agency, Member of Congress, or an officer or employee of a Member of Congress in connection with awarding of any federal contract, the making of any federal grant or loan, entering into any cooperative agreement and the extension, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. SUBRECIPIENT shall sign a certification to that effect in a form as set forth in Exhibit E, attached hereto and by this reference incorporated herein. SUBRECIPIENT shall submit said signed certification to CITY prior to performing any of its obligations under this Agreement and prior to any obligation arising on the part of CITY to pay any sums to SUBRECIPIENT under the terms and conditions of this Agreement. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit a "Disclosure Form to Report Lobbying," in accordance with its instructions (Exhibit E). N. Financial Interest. SUBRECIPIENT agrees that except for the use of administrative fees to pay salaries and other related administrative or personnel costs, no persons who exercise or have exercised any function with respect to administering said program under the terns of this Agreement, or who are in a position to participate in a decision -making process or gain inside information with regard to the administration of said program, may obtain a financial interest or benefit from said program, either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter. This prohibition applies to any person who is an employee, agent, consultant, officer, or elected or appointed official of CITY, or of any designated public agency, or the SUBRECIPIENT. O. Labor Standards. The SUBRECIPIENT agrees to comply with the requirements of the Secretary of Labor in accordance with the Davis -Bacon Act as amended, the provisions of Contract Work Hours and Safety Standards Act (40 U.S.C. 327 et seq.) and all other applicable Federal, state and local laws and regulations pertaining to labor standards insofar as those acts apply to the performance of this Agreement. The SUBRECIPIENT agrees to comply with the Copeland Anti -Kick Back Act (18 U.S.C. 874 et seq.) and its implementing regulations of the U.S. Department of Labor at 29 CFR Part 5. The SUBRECIPIENT shall maintain documentation that demonstrates compliance with hour and wage requirements of this part. Such documentation shall be made available to the CITY for review upon request. P. Equal Employment Opportunities. SUBRECIPIENT shall make every effort to ensure that all projects funded wholly or in part by ARPA SLFRF Funds shall provide equal employment opportunities for minorities and women. Q. Women and Minority -Owned Businesses (W/MBE). SUBRECIPIENT will use its best efforts to afford small businesses, minority business enterprises, and women's business enterprises the maximum practicable opportunity to participate in the performance of this Agreement in accordance with the requirements of 2 CFR 200.321 "Contracting with small and minority businesses, women's business enterprises, and labor surplus area firms". As used in this Agreement, the term "small business" means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and "minority and women's business enterprise" means a business at least fifty-one percent (51%) owned and controlled by minority group members or women. For the purpose of this definition, "minority group members" are African -Americans, Spanish-speaking, Spanish surnamed or Spanish -heritage Americans, Asian - Americans, and American Indians. SUBRECIPIENT may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation. R. Drug Free Workplace. SUBRECIPIENT agrees to provide a drug -free workplace and to execute a certification as set forth in Exhibit F attached hereto and incorporated herein by this reference. S. Uniform Administrative Requirements Cost Principles and Audit Requirements for Federal Awards. The following requirements and standards must be complied with: 2 CFR Part 200 et al. SUBRECIPIENT shall procure all materials, property, or services in accordance with the requirements of 2 CFR 200.318-326. III. CITY'S OBLIGATIONS A. Audit of Account. CITY shall include an audit of the account maintained by SUBRECIPIENT in CITY's audit of all ARPA SLFRF Funds in accordance with Title 24 of the Code of Federal Regulations and other applicable federal laws and regulations. B. Common Rule: Pursuant to 2 CFR 200.328(a), the CITY manages the day-to-day operations of each grant and subgrant supported activities. CITY staff has detailed knowledge of the grant program requirements and monitors grant and subgrant supported activities to assure compliance with federal requirements. Such monitoring covers each program, function and activity and performance goals are reviewed periodically. C. Project Expectations: CITY shall monitor the performance of SUBRECIPIENT against goals and performance standards required herein. The SUBRECIPIENT shall be responsible to accomplish the project expectations as set forth in Exhibit A, and report such results to the CITY. If the SUBRECIPIENT estimates such goals will not be met, the SUBRECIPIENT is to contact the CITY, at which time the CITY will determine if any adjustments to the grant award is appropriate. Substandard performance as determined by the CITY will constitute non- compliance with this Agreement. Should the CITY determine that the SUBRECIPIENT has not performed its obligations as stated in this contract in a satisfactory manner, or if the CITY determines that insufficient supporting information has been submitted, the CITY shall notify the SUBRECIPIENT in writing of its determination specifying in full detail the objections that it has to the SUBRECIPIENT's performance. If action to correct such substandard performance is not taken by the SUBRECIPIENT after being notified by the CITY, within a reasonable period of time as stipulated in the written notification, contract suspension or termination procedures will be initiated. IV. GENERAL PROVISIONS A. Non -Discrimination. 1. SUBRECIPIENT agrees to comply with Executive Order 11246, which requires that during the performance of this Agreement, SUBRECIPIENT agrees not to discriminate against any employee or applicant for employment because of race, religion, sex, color or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer, rates of pay or other forms of compensation, and selection for training, including apprenticeship. SUBRECIPIENT agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the SUBRECIPIENT setting forth the provisions of this nondiscrimination clause. 2. SUBRECIPIENT agrees to comply with Title VI of the Civil Rights Act of 1964, which indicates that no person shall, on the ground of race, color or national origin, be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program of activity receiving federal financial assistance. 3. No person shall, on the grounds of race, sex, creed, color, religion, marital status, national origin, age, sexual orientation, or physical or mental handicap be excluded from participation in, be refused the benefits of, or otherwise be subject to discrimination in any activities, programs or employment supported by this Agreement. SUBRECIPIENT is prohibited from discrimination on the basis of age or with respect to an otherwise qualified handicapped person as provided for under Section 109 of the Housing and Community Development Act of 1974, as amended. 4. SUBRECIPIENT agrees to comply with the Age Discrimination Act of 1975, which requires that during the performance of this Agreement, SUBRECIPIENT agrees not to discriminate against any employee or applicant for employment because of age. Such action shall include, but not be limited to the following: employment upgrading, demotion, or transfer, rates of pay or other forms of compensation, and selection for training, including apprenticeship. SUBRECIPIENT agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the SUBRECIPIENT setting forth the provisions of this age discrimination clause. 5. SUBRECIPIENT agrees to comply with Section 504 of the Rehabilitation Act of 1973, which requires that no otherwise qualified individual with a disability in the United States, shall, solely by reason of his or her disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial 10 assistance or under any program or activity conducted by any executive agency or by the United States Postal Service. B. Conflict of Interest. Pursuant to the conflict of interest requirements set forth in 24 CFR 570.611 and 2 CFR 200.112, SUBRECIPIENT certifies that no member, officer, employee, agent or assignee of CITY having direct or indirect control of any ARPA SLFRF Funds granted to the CITY, inclusive of the subject ARPA SLFRF Funds, shall serve as an officer of SUBRECIPIENT. Further, any conflict or potential conflict of interest of any officer of SUBRECIPIENT shall be fully disclosed in writing prior to the execution of this Agreement and said writing shall be attached and deemed fully incorporated as a part hereof. Notice shall be sent by SUBRECIPIENT to CITY regarding any changes or modifications to its board of directors and list of officers. C. Special Certification for Religious Entities. If SUBRECIPIENT is a religious entity, SUBRECIPIENT hereby agrees that in connection with the provision of the services SUBRECIPIENT shall provide with ARPA SLFRF Funds, in accordance with 24 CFR 570.2006): 1. SUBRECIPIENT shall not discriminate against any employee or applicant for employment on the basis of religion and shall not limit employment or give preference in employment to persons on the basis of religion. 2. SUBRECIPIENT shall not discriminate against any person applying for the services SUBRECIPIENT agrees to provide under the terms of this Agreement on the basis of religion and shall not limit such services or give preference to applicants for such services on the basis of religion. 3. SUBRECIPIENT shall NOT provide religious instruction or counseling, conduct any religious worship or services, or engage in any religious proselytizing, or exert any religious influence in the provision of the services in said program. The parties agree that this covenant is intended to and shall be construed for the limited purpose of assuring compliance with respect to the use of CITY funds by SUBRECIPIENT with applicable constitutional limitations respecting the establishment of religion as set forth in the establishment clause under the First Amendment of the United States Constitution and Article I, Section 4 of the California Constitution, and is not in any manner intended to restrict other activities of SUBRECIPIENT. 4. The portion of a facility used to provide public services assisted in whole or in part under this Agreement shall contain no sectarian or religious symbols. 5. Where the services to be provided under said program are rendered on property owned by the primarily religious entity SUBRECIPIENT, ARPA SLFRF Funds may also be used for minor repairs to such property, which are directly related to the cost of rendering the services under said program, where the cost constitutes in dollar terms only an incidental portion of the ARPA expenditure for rendering the services under said program. D. Prohibition of Nepotism. SUBRECIPIENT agrees not to hire or permit the hiring of any person to fill a position funded through this Agreement if a member of that person's immediate family is employed in an administrative capacity by SUBRECIPIENT. For the purposes of this 11 section, the term "immediate family" means spouse, child, mother, father, brother, sister, brother-in- law, sister-in-law, father-in-law, mother-in-law, son-in-law, daughter-in-law, aunt, uncle, niece, nephew, stepparent and stepchild. The term "administrative capacity" means having selection, hiring, supervisor or management responsibilities. E. Notices. Notices to the parties shall, unless otherwise requested in writing, be sent by U.S. Mail, postage prepaid, and addressed as follows: TO CITY: City of Santa Ana Lisa Rudloff TO SUBRECIPIENT: Executive Director Parks, Recreation and Community Services Agency 20 Civic Center Plaza P.O. Box 1988 Santa Ana, California 92702-1988 Nati's House DBA Neutral Ground Nati Alvarado Executive Director 1733 N Valencia St Santa Ana, CA 92706-2930 F. Assienability. None of the duties of, or work to be performed by, SUBRECIPIENT under this Agreement shall be subcontracted or assigned to any agency, consultant, or person without the prior written consent of CITY. SUBRECIPIENT must submit all subcontracts and other agreements that relate to this Agreement to CITY. No subcontract or assignment shall terminate or alter the legal obligations of SUBRECIPIENT pursuant to this Agreement. G. Indemnification/Hold Harmless. SUBRECIPIENT shall indemnify, defend and save harmless CITY, its officers, employees, agents, representatives and volunteers from and against any and all damages to or for loss of use of property and for injuries to or death of any person or persons, including property and employees or agents of CITY, and shall defend, indemnify and save harmless CITY, its officers, employees, agents, representatives and volunteers from and against any and all claims, demands, suits, actions or proceedings of any kind or nature, including, but not by way of limitation, workers compensation claims and including attorney fees and reasonable expenses for litigation or settlement, resulting from or arising out of the negligent or wrongful acts, errors or omissions of SUBRECIPIENT, its officers, directors, employees, agents, subcontractors and suppliers arising out of SUBRECIPIENT's performance of this Agreement. H. 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 12 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: 1. Commercial General Liability (CGL): Insurance Services Office Form CG 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 1 (any auto), or if Contractor has no owned autos, Code 8 (hired) and 9 (non -owned), with limit no less than $1,000,000 (if program services includes transportation of youth, the limit shall be no less than $5,000,000) 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 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. Sexual Abuse or Molestation (SAM Liability: If 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. 5. 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 10 1185 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if a later edition is used). 13 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 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. 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 of Insurers: 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 ANII, 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 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 Contractor's obligation to provide them. City reserves the right to require 14 complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. 9. 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. I. Termination. 1. This Agreement may be terminated on thirty (30) days' written notice by either party. In the event of such termination, SUBRECIPIENT shall only be entitled to reimbursement for approved expenses incurred to the effective date of termination. 2. This Agreement may be suspended or terminated by CITY upon five (5) days' written notice for violation by SUBRECIPIENT of Federal Laws governing the use of ARPA SURF Funds. hi the event of such suspension or termination, SUBRECIPIENT shall only be entitled to reimbursement for approved expenses incurred up to the effective date of suspension or termination. 3. Pursuant to 2 CFR 200.340, in the event SUBRECIPIENT defaults by failing to fulfill all or any of its obligations hereunder, CITY may declare a default and termination of this Agreement by written notice to SUBRECIPIENT, which default and termination shall be effective on a date stated in the notice which is to be not less than ten (10) days after certified mailing or personal service of such notice, unless such default is cured before the effective date of termination stated in such notice. If terminated for cause, CITY shall be relieved of further liability or responsibility under this Agreement, or as a result of the termination thereof, including the payment of money, except for payment for approved expenses incurred for services satisfactorily and timely performed prior to the mailing or service of the notice of termination, and except for reimbursement of. (1) any payments made for services not subsequently performed in a timely and satisfactory manner; and, (2) costs incurred by CITY in obtaining substitute performance. 4. The grant of funds under this Agreement may be terminated for convenience by either the CITY or SUBRECIPIENT, in whole or in part, by setting forth the reasons for such termination, the effective date, and, in the case of portion termination, their portion to be terminated. However, if in the case of a partial termination, the CITY determines that the remaining portion of the award will not accomplish the purpose for which the award was made, the CITY may terminate the award in its entirety. 5. The grant of funds under this Agreement may be terminated due to the non- performance of SUBRECIPIENT and/or failure of SUBRECIPENT to perform the work described in Exhibit A. 6. The grant of funds under this Agreement maybe terminated due to the failure of the CITY to receive sufficient or anticipated funding for the ARPA program for any term subject to this Agreement. 7. In the event this Agreement is terminated as set forth in subparagraphs I(I) through I(6), inclusive, SUBRECIPIENT agrees to immediately return to CITY upon CITY's demand 15 and prior to any adjudication of SUBRECIPIENT's rights, any and all funds not used, and to comply with the Reversion of Assets requirements in this Agreement. J. Limitation of Funds. The United States of America may in the future place programmatic or fiscal limitations on the use of ARPA SLFRF Funds, which limitations are not presently anticipated. Accordingly, CITY reserves the right to revise this Agreement in order to take account of actions affecting ARPA program funding. In the event of funding reduction, CITY may, in its sole and absolute discretion, reduce the budget of this Agreement, may limit the rate of SUBRECIPIENT's authority to utilize funds, or may restrict SUBRECIPIENT's use of uncommitted funds. Where CITY has been directed to implement a reduction in funding, with respect to funding for this Agreement, CITY's City Manager or delegate is authorized to act for CITY in implementing and effecting such a reduction and in revising, modifying, or amending the Agreement for such purposes. If such a reduction in funding occurs, SUBRECIPIENT shall be permitted to de -scope accordingly. Where CITY has reasonable grounds to question SUBRECIPIENT's fiscal accountability or compliance with this Agreement, CITY may suspend the operation of this Agreement for up to sixty (60) days upon five (5) days written notice to SUBRECIPIENT of its intention to so act, pending an audit or other resolution of such questions. In no event, however, shall any revisions made by CITY affect expenditures and legally binding commitments made by SUBRECIPIENT before it received notice of such revision, provided that such amounts have been committed in good faith and are otherwise allowable and that such commitments are consistent with ARPA SLFRF Funds withdrawal guidelines. K. Exclusivity and Amendment of Agreement. This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the use of CITY's ARPA SLFRF Funds by SUBRECIPIENT and contains all the covenants and agreements between the parties with respect to SUBRECIPIIENT's administration of said program. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement or amendment hereto shall be effective unless executed in writing and signed by both CITY and SUBRECIPIENT. L. Laws Governing this Agreement. This Agreement shall be governed by and construed in accordance with the laws of the State of California, and all applicable federal laws and regulations. M. Validity and Severability. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. Whenever possible, each provision of this AGREEMENT shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this AGREEMENT is held to be prohibited by or invalid under applicable law, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of such provisions of this AGREEMENT. N. Waiver. No delay or omission by either parry hereto to exercise any right or power accruing upon any noncompliance or default by the other party with respect to any of the terms of this Agreement shall impair any such right or power or be construed to be a waiver thereof. A waiver by either of the parties hereto of any of the covenants, conditions, or agreements to be 16 performed by the other shall not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or agreement herein contained. O. Federal Award Identification Information. SUBRECIPIENT's pertinent Federal Award Identification Information, including DUNS Number and Federal Award Identification Number (FAIN), as well as the applicable information for ARPA, are included in Exhibit C attached hereto and incorporated herein by this reference. P. Miscellaneous Provisions. 1. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully, including reasonable costs and attorney's fees, for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 2. All Exhibits and Attachments referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 3. This Agreement must be signed below and may be signed in counterpart and delivered by fax, email as a PDF (Portable Document Format) file attachment, or by other means that displays the original or a copy of the signatures. Any subsequent amendments may be signed and delivered in the same manner. (Signatures on following page) 17 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year firstrivritten above. ATTEST: �\ DAISY GOM Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney BRANDONSALVATIERRA Deputy City Attorney RECOMMENDED FOR APPROVAL: Ac;9 \ D L .SAUDLOFF Executive Director Parks, Recreation and Community Services Agency 18 CITY OF SANTA ANA STINE RIDGE City Manager SUBRECIPIENT: 1 N ALV Ex cutive Director DUNS #: 079536874 EXHIBIT A SCOPE OF WORK Exhibit A Scope of Work 4.1 Neutral Ground Boxing Club (NGBC) Program Component Descriptions: In March of this year Neutral Ground began meeting with a group of 20-30 youth and family members, practicing boxing drills, riddling our hour-long sessions with plenty of strength and conditioning drills. NGBC proposes to reach some of our most at -risk youth through sports programming and restorative practices. The purpose of Neutral Ground Boxing Club (NGBC) is to provide free/no cost sports programming for some of our older (10-18) and more deeply gang -entrenched program participants. In continued collaboration with Santa Ana Police Department, Santa Ana School Police, and the Orange County Probation Department, a referral continuum will be established between our law enforcement partners and the Neutral Ground team. To best implement the trauma -informed goal of the program, the Adverse Childhood Experience Survey (ACES) will be administered to all participants at time of enrollment. This trauma -focused screening tool will assist providers to determine the level of intervention and targeted referrals/linkages needed for participants. Youth of families victimized by violence and/or siblings of juvenile -justice involved youth and/or students showing sudden changes in behavior, especially those demonstrating aggression will be referred to NGBC for restorative practices, support services and linkages, and case management and sports programming. Special attention will be paid to youth/students who have been severely impacted emotionally, academically, and financially (home/basic needs) as a result of the COVID-19 crisis. The ultimate goal is to redirect participants back to a positive trajectory and reconnect them to programs, their schools, positive influences, and their family to build a violence- free, strong, healthy, and meaningful future. In collaboration with city Begins Current location can only serve less than 10 participants at a time. New officials and local real estate March 2022- location will increase numbers of participants to — minimum of 200 experts, a new location will be continues unduplicated participants per year and many students who have participated located in order to expand the through in the past will be encouraged to continue to engage in the program. already existing program. March 2023 Equipment for the program April 2022 Once location is secured, equipment will be ordered to maximize the quality will be purchased. and the safety of the experience for the youth. Development of referral Begins Seamless continuum of referrals of at -risk youth in need of NGBC services system with law enforcement March 2022- program will be developed and sustained. partners community agencies continues and school district for COVID- through impacted candidates for March 2023 program Participant Ongoing Adverse Childhood Experience Survey(ACES) will be administered to all Survey/Assessment participants at time of enrollment. Staff will address common issues experienced by participants in healing circles at the end of training sessions. Boxing Trainers/RP Leads- March- April Staff with experience with youth and the SA community who are bilingual Recruitment and Training 2022 and Spanish speakers will be recruited for positions. Staff will be trained in ongoing supervision, safety, boxing, fitness, as well as restorative practices. Healthy Physical Ongoing 30 (80-120 total per year) youth will participate in ongoing boxing training on Development- Stress and Monday and Wednesdays each quarter. Participants may return and continue Coping Mechanisms training once they have completed the formal training/program. The focus of the program will teach positive ways to relieve stress, and increase self- discipline, and confidence. Boxing Program/Restorative Occur Minimum of 30 unduplicated, NGBC participants will engage in boxing training Circles Weekly- and restorative circles for a minimum of 5 weeks for each quarter (120 per "Two -Pronged Approach = ongoing year). Boxing will take place twice per week, Tuesdays, and Thursdays for 2.5 Physical Health + Mental hours and then students will have time to change and settle in for RP circles for Health" the last hour. The focus of the RP Circles will be to assist participants mitigate mental health stresses, anxieties, and aggressions as a result of the COVID-19 crisis and diminish the specific risk factors preventing them getting back on their feet. 50% of the participants will complete and participate in boxing training and RP sessions. Excursions/Tournaments 6 times for Participants who have achieved milestones in training and RP circles will the year participate in recreational excursions such as beach trips, mountain trips and sports trips. Participants may also participate in tournaments once they are ready for competition, Linkages: Community mental Ongoing 10% of boxing participants will be linked to services for more extensive mental health support, participants health support. Program Supervisor will assist with linkages to mental health who have more extensive services. multi -faceted mental health need to consistently engage with mental health practitioners to support recovery from COVID-19 struggles. Linkages: Meeting basic Ongoing 30%of boxing participants will be linked to services to support basic urgent needs, in order for needs. Program Supervisor will assist with linkages to agencies providing participants to recover from urgent necessities. the COVID-19 struggles we must ensure that basic needs have been met. Urgent necessities i.e., transportation, food and shelter will also be provided upon need. Recognition Events: Research Twice per Boxing participants will receive t-shirts, customized awards, and incentives to indicates that recognizing year recognize outstanding participation. Two events will take place where family, progress and growth is critical law enforcement partners and other agencies will join to applaud youth in effective youth efforts. development efforts. (Hawkins & Catalano) t. i arget ropuiation The mission of Neutral Ground is to create a healthier, safer Santa Ana centered on its communities most impacted by violence; breaking the cycle of poverty, child abuse, academic failure and teen pregnancy through restorative practice and evidence -based youth development, academic support, and the strengthening of meaningful relationships. Neutral Ground is dedicated to addressing the human suffering and health disparities that the community of Santa Ana has suffered due to the COVID-19 pandemic. The COVID-19 virus has affected all age and ethnic groups globally and nationally and across all domains of functioning. physical health and development were severely impacted with all of the facility lockdowns and canceled recreational programs throughout the country. For much of the population of youth in Santa Ana this experience was especially challenging since home dwellings were often overcrowded and left residents and family members vulnerable to COVID-19. Exposure and vulnerability then were intensified by work conditions for essential jobs, overcrowded housing and neighborhoods that lack protective supplies and preventive information (Falicov et al., 2020; Gaynor & Wilson, 2020). The impact on the families in the Santa Ana community include economic implications, feelings of sadness due to grief and loss of family members/close friends and a lack of treatment in mental health. The accommodation of safety measures COVID-19 introduced to social organizations or community based extracurricular activities have impacted families, specifically the at -risk youth among the Santa Ana community. The strategies to control the spread of the COVID-19 virus have changed the daily lives of these youth. The youth who are in vulnerable communities have been hit the hardest and have unfortunately adopted unhealthy habits of behavior that impact their overall lifestyle (Shepherd et al., 2021). Youth who have experienced these struggles ages 10-18 will be prioritized for enrollment in Neutral Ground Boxing Club. According to the US Census Bureau (2019), it was reported that 26.9% of the population of the city of Santa Ana is between the ages of 5-18, 76.8% of the city identifies as Hispanic or Latino, 43.3% of the city are "foreign born persons" and 80.3% speak a language at home other than English. The immigrant Latinx community are statistically more likely to seek or accept mental health services within a community setting than independently seeking services for medical conditions such as depression, anxiety, trauma, or relational conflicts. Mental health distress can also manifest in various somatic symptoms such as headaches, stomach aches, or fatigue that needs to be addressed by health practitioners (Falicov,et al.,2020). This highlights the need for services delivery to surpass cultural differences and provide healthy strategies under a whole -health framework of delivery (Gaynor & Wilson, 2020) to support healthy living. The Neutral Ground Boxing Club will provide restorative circles and referrals to mental health to reduce his disparity in access to mental health services. The program takes a two -pronged approach that includes fostering both physical and mental wellness. 3. Unmet Need Youth of all ages, but especially 10-18 years of age have been impacted physically and mentally from COVID-19 restrictions in the Qualified Services Tract. Neutral Ground's proposed program will expand a boxing program to increase services. The local church activities across the board fr the youth across the city of Santa Ana. The newly proposed Neutral Ground Boxing Club will support almost 200+ youth with the first year of the grant with the safe and newly leased facilities and updated efJoril1l7itF)Articipants will engage in physical development through boxing training as well as engage in social -emotional healing through sessions of restorative circles at the end of the training each week. Boxing programs can be used as a sport -based youth development technique to teach life skills to youth within a recreational context (Hemphill et al., 2019). The youth who participate in these activities learn to apply life skills beyond the activity due to the social nature of the program. Perceived life skills are found to be a component that is foundational as it enhances the expectation of hard work/teamwork and encourages positive relationships built within the gym environment (Hemphill et al., 2019). As the research states above, this population struggles with mental health imbalances, economic stressors, physical discomfort, dysregulated structure to routine and social instability. Coupled with potentially abusive homes, family dysfunction, and physical discomfort, the nature of a boxing recreational program that encourages peer to peer interaction, physical activity and social - emotional growth and stability will help to mitigate any maladaptive behaviors, including substance abuse (Shepherd et al., 2021). This population needs a culturally competent program that offers a safe place to feel a sense of belonging, while providing an outlet to kinesthetically work out any potential stressors and enhance physical wellbeing. As our society embraces a post COVID-19 pandemic, Neutral Ground's Boxing Club will positively impact overall development, self-discipline, teamwork and promote a healthier lifestyle which will build peer culture and embrace healthy strategies to promote physical and mental wellness. The youth who attend the boxing program, will also be able to attend restorative circles after the boxing sessions. Restorative circles are an evidenced based restorative practice that draws attention to positive climate and culture, providing a space for children to address their problematic behavior and increase social -emotional behavior strategies (Evanovich et al., 2020). When implemented, prevention and positive responses to challenging behavior is emphasized and a whole -health framework is then adopted (Evanovich et al., 2020). These restorative circles that will be offered after the boxing sessions, allows for a two -pronged approach to address the physical and social emotional health among the youth who engage in the boxing club. It is rare to have a program that takes this two -pronged approach that includes fostering physical and mental wellness. 4. Details of Collaborations with Local Organizations Neutral Ground has been operating in the heart of Santa Ana for the past 30 years and has established a strong network of collaborative partners. The founder, Nati Alvarado, was a teen father himself at the age of 15. His passion to help others and avoid the trauma and heartache that he and his family experienced in his youth have given him the desire to pursue this work and lead his agency with a strong collaborative spirit. His deep commitment to new and existing partnerships demonstrates a strong foundation of collaborative readiness for a wide range of community activities and events. Over the past 10 years Neutral Ground has participated in The California Endowment's Building Healthy Communities (BHC) Initiative within Santa Ana Unified School District, developed the Summer Night Lights Program with funding from the City of Santa Ana which served thousands of youths from all over the city. In addition, Neutral Ground was selected as a partner to provide job preparation and drug abuse prevention in the Prop.47 grant with the alternative education programs within SAUSD and funded to provide Restorative Practices at secondary schools throughout the community. Neutral Ground also implemented the Proud Parent grant in SAUSD which included a collaborative partnership with community agencies and OC Probation Department. The partnership was so successful the Memorandum of Understanding has been renewed although the grant ended several years ago. Throughout the years Neutral Ground has been a reliable and cutting -edge community agency ready and willing to serve the community through collaborations and partnerships with law enforcement agencies, school districts and other community agencies. 5. Innovation in Service/Delivery NG has developed an innovative proposal including evidence -based practices that will prove effective with this uniquely vulnerable population, the NG-Boxing Club will Implement a comprehensive two -pronged approach to developing a boxing Club to promote physical training and social- emotional wellness. Rarely, do programs target two areas of health in one program. This system will support highly impacted youth from COVID-19 challenges. Neutral Ground will be providing a supervisor who will coordinate linkages to urgent resources for the gaps in basic needs while facilitating restorative circles to rebuild social -emotional health. Neutral Ground has a long-standing commitment to serving the most vulnerable and is known for incorporating trauma -informed care into services. Trauma -informed care is a strength -based approach that emphasizes physical, psychological, and emotional safety to create an environment for participants to rebuild a sense of control and empowerment (Hopper, Bassuk, & Olivet, 2010) NG activities will be conducted in safe spaces where youth feel culturally, emotionally, and physically safe. NG staff have extensive training on the evidence -based services, and many have first-hand understanding of the life struggles that impact today' s youth. The majority of the NG- Boxing Club staff members will be from Santa Ana and are culturally proficient and bilingual. NG will maximize the potential of each participant by setting and achieving individualized goals and plans. A famous quote from a student n San Francisco once advised a conference room of service providers, "A child will walk around trouble and away from trouble, if they have someone to walk with and somewhere to walk to." By receiving funding for this multifaceted Boxing Club, Neutral Ground will be able to expand and fulfill this dire need for so many of the lost and impacted youth in our city. 101011,30 FEE PAYMENT SCHEDULE Exhibit B FISCAL YEAR 2022-2023 PROPOSED PROGRAM BUDGET Organization Name Natis House dba Neutral Ground Program Name NGBC (Neutral Ground Boxing Club) Term: July 1, 2022 to June 30, 2023 EXPENDITURES Enter budeet categories and proiected expenditures: Category Expenditures Funded By Santa Ana REVIVE Funds Expenditures Funded By Other Sources Program Budget Total Organization Budget Administrative Staff Salaries $0 $0 Program Staff Salaries $58,425 $58,425 $ 58,425 Contractual Services $0 $0 Other- $63,747 $63,747 $ 63,747 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 TOTAL 1 $122,172 $0 $122,172 $122,172 PROGRAM RESOURCES LIST ALL OTHER PROGRAM RESOURCES FOR 2022-2023 Funding Source Total n Attachment 1(a) lust equal Frogram Budget I otal listed above. FUNDING SOURCE AMOUNT Santa Ana REVIVE 1 $ 122,172 172 Exhibit B 2022-2023 REVIVE BUDGET LINE ITEMS ADMINISTRATIVE STAFF Position Title Annual Salary & Benefits REVIVE Funds Description PROGRAM STAFF Position Title Annual Salary & Benefits REVIVE Funds Description 1 Program Supervisor 28,080 28,080 $27 x 20 hrs p.week x 52 weeks 4 Trainers and RP Leads 26,880 26,880 ($20 x 8 hrs p.week x 42 weeks) x (4 workers) 1 Admin Support 3,465 3,465 $21 x 5 hrs x 33 weeks CONTRACTUAL/PROFESSIONAL SERVICES Type of Service Contract Amount REVIVE Funds Description OTHER LINE ITEMS Line Item Program Amount REVIVE Funds Description Student Bus Passes $1,200: Fortransportation Other $ 63,747.00 $ 63,747.00 to and from boxing Snacks, Water & Food $5,000: For students. Pizza Party Incentive for reaching milestones etc Program Equipment $7,000: Equip for training, gloves, ring set-up, headgear, shoes, towels etc Rent $30,000: Training location (12 months x $2,500) Liability Insurance $4,000: Insurance Premium Transportation/Van Rentals $2,100: For recreational excursions and tripstto boxing tournaments Transportation $840: Fuel fill -ups Tournament/Competition Fees $2,500: Supplies for recreation activities Indirect Cost $11,107: 10` o (from whole budget subtotal of $111,107) Attachment 1(b) EXHIBIT C FEDERAL AWARD IDENTIFICATION INFORMATION The General Program Requirements were designed to provide the framework where the CONTRACTOR will provide ARPA programs identified in this attachment. I. II. The CONTRACTOR agrees to comply, remain informed, and deliver services consistent with the provisions of ARPA. Where local policy has not been set, the CONTRACTOR agrees to adhere to state and/or federal policy, as appropriate. A. Additional state and federal agencies that provide funding to the CITY may be incorporated herein. B. Information Bulletins, Directives, and any other federal and state guidance documents pertaining to the ARPA SURF Funds. C. Actions, directives, and policy and procedures issued by the CITY. D. CITY policies, as applicable. III. CONTRACTOR/SUBRECIPIENT DETERMINATION: In accordance with the requirements of 2 CFR 200.330 (Subrecipient and Contractor determination) and for the purpose of this CONTRACT, SUBRECIPIENT is determined to be a CONTRACTOR. iV. FEDERAL AWARD IDENTIFICATION FAIN INFORMATION A. CONTRACTOR Name: NATI'S HOUSE DBA NEUTRAL GROUND B. CONTRACTOR'S Unique 079536874 Identifier (D-U-N-S): Federal Award C. Identification Number SLFRP1059 (FAIN): D. Federal Award Date: 5/19/2021 E. Subaward Period of 7/l/2022-6/30/2023 Performance: Total Amount of Federal F. Funds Obligated by the $122,172 Action: Total Amount of Federal G. Funds Obligated to the $122,172 CONTRACTOR: H Total Amount of the $64,180,406.50 Federal Award: I Federal Award Project American Rescue Plan Act (ARPA) Description: J. Federal Awarding Agency: U.S. Department of the Treasury K. Name of PTE: City of Santa Ana L. Contact Information for the Kristine Ridge, City Manager Awarding Official: Phone Number: (714) 647-5200 E-mail Address: krid2ena.santa-ana.orn, M. CFDA Number: 21.027 CFDA Name: Coronavirus State and Local Fiscal Recovery Funds N. Whether Award is R&D: No O Indirect Cost Rate for the de minimus or federally negotiated rate Federal Award: EXHIBIT D DEBARMENT Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 29 CFR Part 98, Section 98.510, Participants' responsibilities. The regulations were published as Part VII of the May 26,1988 Federal Re rg ster (pages 19160-19211). (BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS FOR CERTIFICATION - Attached) (1) The prospective recipient of federal assistance funds certifies, by submission of this proposal, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. (2) Where the prospective recipient of federal assistance funds is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. (VA IJr �Xctufi/� UPI=rr</ Name and Title of Authorized Representative Date INSTRUCTIONS FOR CERTIFICATION By signing and submitting this proposal, the prospective recipient of federal assistance funds is providing the certification as set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective recipient of federal assistance funds knowingly rendered an erroneous certification. in addition to other remedies available to the Federal Government, the Department of Labor (DOL) may pursue available remedies, including suspension and/or debarment. 3. The prospective recipient of federal assistance funds shall provide immediate wmtten notice to the person to which this proposal is submitted if at any time the prospective recipient of federal assistance funds leams that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms "covered transaction," "debarred,' "suspended," "ineligible," 'lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. The prospective recipient of federal assistance funds agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower der covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the DOL. 6. The prospective recipient of federal assistance funds further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and voluntary exclusion - Lower Tier Covered Transactions," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. A participant in a covered transaction may rely upon a cenification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to check the List of Parties Excluded from Procurement or Non -Procurement Programs. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph S of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the DOf, may pursue available remedies, including suspension and/or debarment. EXHIBIT E LOBBYING Certification Regarding Lobbying Certification for Contracts. Grants Loans and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contact, grant, loan or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying,' in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontract, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 41eutr, ( bfCV,,(/1(Qf,3 Rc-,Sr Grantee/Contactor Organization Program Title tr l�n/o,.il- J Signature -g-.ZL Name of Certifying Officer Date SUBRECIPIENT warrants the following: I . SUBRECIPIENT will comply with Public Law 88-352, Title VI of the Civil Rights Act of 1964 (42 U. S. C. section 2000 et seq.) and implementing regulation in 24 CFR Part I. 2. No person in the United States shall on the ground of race, color, religion, national origin, or sex, be excluded from participation in, or be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with community development funds made available pursuant to the ACT. 3. All laborers and mechanics, employed by contractors or subcontractors in the performance of construction work financed in whole or in part with community development funds shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined in accordance with the Davis -Bacon Act, as amended, 40 U. S. C. Sections 276 a 1-5, except for individuals who perform services for which they volunteered; do not receive compensation for such services; or are paid expenses, reasonable benefits, or a nominal fee for such services; and are not otherwise employed at any time in construction work. 4. SUBRECIPIENT will comply with all Federal statutes applicable to projects funded with community development funds, except that (a) SUBRECIPIENT does not assume CITY'S environmental responsibilities described at 24 CFR 570.604; and (b) SUBRECIPIENT does not assume CITY'S responsibility for initiating the review process under Executive Order 12372. EXHIBIT F DRUG -FREE WORKPLACE Certification Reeardine Druz -Free Workplace Requirements The certification set out below is a material representation upon which reliance is placed by the U.S. Department of Housing and Urban Development in awarding the grant. If it is later determined that the contractor knowingly rendered a false certification, or otherwise violates the requirements of the Drug -Free Workplace Act, the U.S. Department of Housing and Urban Development, in addition to any other remedies available to the Federal Government, may take action authorized under the Drug -Free Workplace Act. CERTIFICATION A. The contractor certifies that it will provide a drug -free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the contractor's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing a drug -free awareness program to inform employees about - (1) The dangers of drug abuse in the workplace; (2) The contractor's policy of maintaining a drug -free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance program; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (c) Making it a requirement that each employee who will be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph -(a) that, as a condition of employment under the contract, the employee will - (1) Abide by the terms of the statement; and (2) Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction. (e) Notifying the U.S. Department of Housing and Urban Development within ten days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such conviction; (0 Taking one of the following actions, within 30 days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted - (1) Taking appropriate personnel action against such an employee, up to and including termination; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; (g) Making a good faith effort to continue to maintain a drug -free workplace through implementation of paragraphs (a), (b), (c), (d), (e) and ft B. The contractor shall insert in the space provided on the attached "Place of Performance" form the site(s) for the performance of work to be carried out with the grant funds (including street address, city, county, slate, and zip code) .the contractor further certifies that, if it is subsequently determined that additional sites will be used for the performance of work under the contract, it shall notify the U.S. Department of Housing and Urban Development immediately upon the decision to use such additional sites by submitting a revised "Place of Performance' form. Organization 4 -.,92 Au orized Signature Date PLACE OF PERFORMANCE FOR CERTIFICATION REGARDING DRUG -FREE WORKPLACE REQUIREMENTS %c / G/cu, Date:_ 3 — /G -2 2 The Contractor shall insert in the space provided below the site(s) expected to be used for the performance of work under the contract covered by the certification: Place of Performance (include street address, city, county, state, zip code for each site): 1gA0 C 17" 2v— s�r�t4 AKA dE 9270,5-' Digially signed by Ted Pierson Tod Pierson Deds: 2023A6.1409:5110-07'OP ACORO® CERTIFICATE OF LIABILITY INSURANCE `� DAM(MMIDDNYYY) 1 5/26/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER LoVME: 1050 & T as hin A Marsh and McLennan Agency, LLC 1050 W Washington Street, Suite 233 Tempe AZ 85281 CONTACT Marie Shaffer PHONE . 602-792-2343 FAX No E-MAIL DOREss: mshaffer lovitt-touche,com INSURERS AFFORDING COVERAGE NAM # INSURER A: HCC Specialty Insurance Company 11243 INSURED NATIHOU-Cl Nati's House INSURER B: INSURER C: Neutral Ground INSURER D: 1733 Valencia St Santa Ana CA 92706 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 859157384 REVISION NIIMRFR- 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 LTR TYPEOFINSURANCE ADDL J= SUBR vinic POLICYNUMBER POLICY EFF MMIDONYYY) POLICY EXP IMMIODNYYYI LIMITS A X COMMERCIALGENERAL LIABILITY CLAIMS -MADE � OCCUR H21SS2007101 1/6/2022 1/6/2023 EACH OCCURRENCE $1,000,000 0 ETO RENTED P E I S Ea acaunenm $50,000 X MED EXP (my onePerson) $ 5,000 11000 PERSONAL&AOVINJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY JET 7X I LOC GENERALAGGREGATE $3,000,000 PRODUCTS-COMP/OP AGO $1,000,000 $ OTHER: A AUTOMOBILE LIABILITY H21SS2007101 1/6/2022 1/6/2023 COMBINED tSINGLE LIMITMe $1,000,000 BODILY INJURY (Per person) $ AUTO OWNED SCHEDULED AUTOS ONLY AUTOS IXANY BODILY INJURY ) (Per aomtlent $ HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY PROPERTY DAMAGE e accident) $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DIEDRETENTION$ It WORKERS COMPENSATION PER OTH- ANDEMPLOYERS'LIABILITY YIN STATUTE ER E.L. EACH ACCIDENT $ ANYPROPRIETORIPARTNER/EXECUTIVE OFFICEWMEMBEREXCLUDEDT ❑ N/A E.L. DISEASE - EA EMPLOYE $ (Mandatory In NH) If Dyas, describe untler DESCEll OF OPERATIONS below E.L. DISEASE - POLICY LIMB $ A Professional Liability H21SS2007101 1/6/2022 1/6/2023 Each Claim 1000000 SexuaVPhysiml Abuse Prof Aggregate SAMLAggregate 3:000:000 1,00G,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORO 101, Additional Remarks Schedule, may be aaaehed it more seam is sequined) Certificate holder is named Additional Insured to General Liability coverage if required by written contract, subject to all policy terms, conditions, definitions and exclusions. Primary/Non-Contributory applies. Notice of Cancellation for Specified Entity, City of Santa Ana. "City of Santa Ana, officers, agents, employees, and volunteers are named as additionally insured on this policy pursuant to written contract, agreement, or memorandum of understanding. Such insurance as is afforded by this policy shall be primary, and any insurance carried by City shall be excess and noncontributory." SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN The City of Santa Ana ACCORDANCE WITH THE POLICY PROVISIONS. Risk Management Division 10 20 Civic Center Plaza AUTHORIZED REPRESENTATIVE Rbil Mangenatl miske, Santa Ana CA 92701 REvtwaDa APlmw®Or 191WRI-ZU15 AGGRO Gil ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Houston Casualty Company Houston, TX End. Effective Date I Named Insured Policv Number Endorsement 05/11/2022 Nati's House dba Neutral Ground H22SS20071-01 11 This insurance is issued pursuant to the California Insurance Code, Sections 1760 through 1780, and is placed in an insurer or insurers not holding a Certificate of Authority from or regulated by the California Insurance Commissioner. PROFESSIONAL LIABILITY AND GENERAL LIABILITY INSURANCE ENDORSEMENT A. PROFESSIONAL LIABILITY (CLAIMS -MADE AND REPORTED COVERAGE) B. GENERAL LIABILITY (OCCURRENCE COVERAGE) WAIVER OF SUBROGATION AS TO SPECIFIED PERSON(S) OR ORGANIZATION(S) In consideration of an additional premium in the amount of $250.00 and notwithstanding anything contained in Section Vill. POLICY CONDITIONS, (B) Subrogation, of this Policy to the contrary, it is understood and agreed that the Company will waive any right of recovery it may have against any person or organization named in the Schedule below, with whom the Named Insured has agreed to waive such right of recovery in a written contract or agreement because of payments the Company makes under this Policy for any Claim resulting from work performed by the Named Insured pursuant to such contract or agreement; provided, however, that the Named Insured's contract or agreement with such person or organization is executed prior to: 1. with respect to Professional Liability Coverage, the date any Wrongful Act giving rise to the Claim is committed or allegedly committed; or 2. with respect to General Liability Coverage, the date any General Liability Incident giving rise to the Claim occurs. SCHEDULE Name of Person or Organization 20 Civic Center Plaza Surplus Lines Tax: $ 7.S0 Stamping Fee: $ 0.63 Policy Fee: $ 0.00 Ethos Filing Fee: $ 0.00 Agency Fee: $ 0.00 Br. "` Author& u:Moug w aww e� enrrw Or::.. T ASP 2050 Page 1 of 2 Vie° A 9e eni° 1Atle Houston Casualty Company Houston, TX End. Effective Date Named Insured Poficv Number Endorsement 05/11/2022 Nati's House dba Neutral Ground H22SS20071-01 11 All other terms and conditions of this Policy remain unchanged. _ r Br b4AloogenmtIXuan >' Author: Reneom6 rornv.� ar. %u;V&waa Rie4Maw9aimKlmWNde ASP 2050 Page 2 of 2 Houston Casualty Company Houston, TX End. Effective Date Named Insured Policv Number Endorsement 05/11/2022 Nati's House dba Neutral Ground H22SS20071-01 11 This insurance is issued pursuant to the California Insurance Code, Sections 1760 through 1780, and is placed in an insurer or insurers not holding a Certificate of Authority from or regulated by the California Insurance Commissioner. PROFESSIONAL LIABILITY AND GENERAL LIABILITY INSURANCE ENDORSEMENT A. PROFESSIONAL LIABILITY (CLAIMS -MADE AND REPORTED COVERAGE) B. GENERAL LIABILITY (OCCURRENCE COVERAGE) WAIVER OF SUBROGATION AS TO SPECIFIED PERSON(S) OR ORGANIZATION(S) In consideration of an additional premium in the amount of $250.00 and notwithstanding anything contained in Section Vill. POLICY CONDITIONS, (B) Subrogation, of this Policy to the contrary, it is understood and agreed that the Company will waive any right of recovery it may have against any person or organization named in the Schedule below, with whom the Named Insured has agreed to waive such right of recovery in a written contract or agreement because of payments the Company makes under this Policy for any Claim resulting from work performed by the Named Insured pursuant to such contract or agreement; provided, however, that the Named Insured's contract or agreement with such person or organization is executed prior to: 1. with respect to Professional Liability Coverage, the date any Wrongful Act giving rise to the Claim is committed or allegedly committed; or 2. with respect to General Liability Coverage, the date any General Liability Incident giving rise to the Claim occurs. SCHEDULE Name of Person or Organization City of Santa Ana 20 Civic Center Plaza Santa Ana. CA 92701 ASP 2050 Page 1 of 2 aurplus Lines Tax: $ 7.50 Stamping Fee: $ 0.63 Policy Fee: $ 0.00 Ethos Filing Fee: $ 0.00 Agency Fee: S 0.00 .tll/it10iE: RENEWED6A R im %au p4ruoa {� �Ruk ManagenmtUmalNtle T,� Houston Casualty Company Houston, TX End. Effective Date Named Insured Pollev Number Endorsement 05/11/2022 Nati's House dba Neutral Ground H22SS20071-01 11 All other terms and conditions of this Policy remain unchanged. i By: � � AWhori Renexto6Mrrs Br ' t�y 7ou �axoaa ��rsuk M.na9e��an a.,�Uiaar ASP 2050 Page 2 of 2 00 Houston Casualty Company Houston, TX End. Effective Date Named Insured PoltcV Number Endorsement 01/06/2022 Nati's House dba Neutral Ground H22SS20071-01 4 This insurance is issued pursuant to the California Insurance Code, Sections 1760 through 1780, and is placed in an insurer or insurers not holding a Certificate of Authority from or regulated by the California Insurance Commissioner. PROFESSIONAL LIABILITY AND GENERAL LIABILITY INSURANCE ENDORSEMENT A. PROFESSIONAL LIABILITY (CLAIMS -MADE AND REPORTED COVERAGE) B. GENERAL LIABILITY (OCCURRENCE COVERAGE) SPECIFIED ADDITIONAL INSURED(S) - VICARIOUS LIABILITY WITH PRIMARY AND NOW CONTRIBUTORY INSURANCE In consideration of the premium charged, it is understood and agreed that this Policy is amended as follows: 1. Section III. DEFINITIONS, (P) Insured, is amended to include any Additional Insured, but only for such Additional Insured's vicarious liability arising from the acts, errors or omissions of any Insured other than an Additional Insured. There shall be no coverage under this Policy for any independent liability of any Additional Insured. 2. Coverage under this Policy for any Additional Insured shall be further limited as follows: (a) coverage shall only be afforded under the applicable Coverage Section(s), as specified in this Endorsement, and subject to all other terms, conditions, definitions and exclusions of this Policy; (b) the Professional Liability Coverage, if appliable, shall only apply to Claims for Wrongful Acts that are committed or allegedly committed: (i) on or after the applicable Retroactive Date, as specified below, and (ii) prior to the applicable Termination Date, as specified below, or prior to the end of the Policy Period if no Termination Date is specified; (c) the General Liability Coverage, if applicable, shall only apply to Claims for General Liability Incidents that occur during the Policy Period, but prior to the applicable Termination Date, as specified below; and (d) Additional Insured(s) shall share in the Limits of Liability set forth in the Declarations of this Policy. Authoxc xeenm6nrrxw®e 7m ASP 2010 Page 1 of 2 Rmk Wri ermu Cf raIkde Houston Casualty Company Houston, TX End. Effective Date Named Insured Polic Number Endorsement 01/06/2022 Nati's House dba Neutral Ground H22SS20071-01 4 3. Notwithstanding any other provision contained in Section Vill. POLICY CONDITIONS, (C) Other Insurance, if required by written contract or agreement, this insurance is primary to and will not seek contribution from any other valid and collectible insurance available to any Additional Insured, except where the liability of such Additional Insured is caused by his, her or its own negligence. 4. As used in this Endorsement, "Additional Insured" means any person or organization designated in the Schedule of Additional Insured(s) below. Schedule of Additional Insured(s) Additional Insured Applicable Coverage Section Retroactive Date (Applicable to Professional Termination Date Liability only) 1. Charitable Ventures of Orange County Project Kinship Professional 4041 MacArthur Liability & January 29, 2019 NA Blvd, Set 510 General Liability Newport Beach, CA 92660 2.Santa Ana Unified School District its governing Professional board, officers, agents Liability & January 29, 2019 NA and employees General Liability 1601 E. Chestnut Ave. Santa Ana, CA 92701 3.The City of Santa Ana its officers, employees, agents and Professional volunteers Liability & January 29, 2019 NA 20 Civic Center Plaza General Liability Santa Ana, CA 92701 All other terms and conditions of this Policy remain unchanged. r Br. —_ wd, l D Authors 8 `, ecrosAreawmsr r� '-1 %au Pwvoo ASP 2010 Page 2 of 2 �ftak 9�tomv'""" ry POLICYHOLDER COPY SP P.O. BOX 8192, PLEASANTON, CA 94588 CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 07-11-2021 CITY OF SANTA ANA RISK MANAGEMENT DIVISION 20 CIVIC CENTER PLZ SANTA ANA CA 92701-4058 SP GROUP: POLICY NUMBER: 9257170-2021 CERTIFICATE 10: 1 CERTIFICATE EXPIRES: 07-11-2022 07-11-2021/07-11-2022 This Is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer. We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance Is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance afforded by the policydescribedherein is subject to all the terms, exclusions, and conditions, of such policy. Authorized Representative President and CEO EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 07-11-2020 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. EMPLOYER NATI'S HOUSE (A NON PROFIT CORP) NEUTRAL SP GROUND FAMILY SERIVCES 1733 VALENCIA ST SANTA ANA CA 92706 IREV.7-2014l flEV1EWo1NSD&/VPRodm RIA wtDiw BY: e�n �au 01 II rs�xnt,�y�„�ramraiaae PRINTED : 05-09-2022