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HomeMy WebLinkAboutPROJECT HOPE ALLIANCE (2)iNSUR `)l" ON FILE ti spa': OT PROCEED A-2020-251-09 o CLER{c OF COUNCIL DATE. AGREEMENT BETWEEN THE CITY OF SANTA ANA O: C ��, AND PROJECT HOPE ALLIANCE FOR USE OF \ COMMUNITY DEVELOPMENT BLOCK GRANT (laotvidfiors� CORONAVIRUS (CDBG-CV) FUNDS This Agreement is hereby made and entered into this I" day of November 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 Project Hope Alliance, a California nonprofit corporation ("SUBRECIPIENT"). RECITALS: A. On March 27, 2020, a special allocation of Community Development Block Grant ("CDBG") Funds was authorized by the Coronavirns Aid, Relief, and Economic Security Act (CARES Act"), Public Law 116-136, to prevent, prepare for, and respond to the coronavirus ("COVID-19") pandemic. The CARES Act made available $5 billion in Community Development Block Grant Coronavirus ("CDBG-CV") funds. Of this amount, the United States Department of Housing and Urban Development ("HUD") immediately allocated $2 billion based on the fiscal year 2020 CDBG formula. B. On April 2, 2020, the CITY received notice of an award of $3,374,017 in CDBG-CV funds from HUD in response to the COVID-19 pandemic. C. CITY, as an entitlement recipient and grantee of the HUD CDBG Entitlement Program, Catalog of Federal Domestic Assistance ("CFDA") Number 14.218, and Federal Award Identification Number (FAIN) B-20-MW-06-0508, desires to enter into this Agreement with the SUBRECIPIENT for the expenditure of CDBG-CV funds in accordance with Title 24, Part 570 of Code of Federal Regulations 24 CFR 570,000, et seq. ("CDBG BEGS'). D. CITY applied for and received CDBG funds from HUD pursuant to Title I of the Housing and Community Development .Act of 1974. Public Law 93-383, as amended ("ACT"), E. SUBRECIPIENT has been selected by the CITY to receive CDBG-CV funds and administer such Financial assistance; and to provide the services described in Exhibit A, in accordance with the Schedule of Performance included therein ('-said program'). SUBRECIPIENT represents that it is qualified and willing to operate said program and certifies that the activities carried out with funds provided under this Agreement will meet one or more of the CDBG program's National Objectives (24 CFR Part 570.208). including the CDBG-CV program's objectives to respond to this historic COVID-19 public health crisis. F. In response to the COVID-19 pandemic, SUBRECIPIENT serves low and moderate income persons, meeting the national objective for the use of CDBG and CDBG-CV funds. G. SUBRECIPIENT agrees that it will adhere to the performance measurements and outcomes as indicated on Exhibit A (Schedule of Performance). Failure to follow the measurements and meet the stated outcomes may constitute breach of contract that could result in termination of this Agreement or serve as reason for the City to recapture the grant funds awarded to SUBRECIPIENT pursuant to this Agreement. WHEREFORE, it is agreed by and between the parties that the foregoing Recitals are a substantive pail 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. SURRECIPIENT'S OBLIGATIONS A. Nonprofit Status - Representations and Warranties (a) Authority. SUBRECIPIENT is a duly organized and existing nonprofit corporation in ,good standing and authorized to do business tinder 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 oil the part of SUBRECIPIENT. (b) Experience. SUBRECIPIENT is a qualified provider of the services to be provided hereunder. (c) Familiarity With Services Required, By executing this Agreement, SUBRECIPIENT warrants that: (i) it has thoroughly investigated and considered the services to be performed and provided hereunder; (ii) it has carefully considered how the services should be performed; and, (III) it fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. (d) 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. (e) No Bankruptcy. SUBRECIPIENT is not the subject of any current or threatened bankruptcy proceeding. (0 No Pending Legal Proceedings, SUBRECIPIENT is not the subject of a current or threatened litigation that would or may materially affect SUBRECIPIENT'S performance cinder this Agreement. (;) Application Veracity. All provisions of and information provided in SUBREC'IPIENT's application for Funding submitted to CITY, including any exhibits, are true and correct in all material respects. (h) No Pending Investigation. SUBRECIPIENT has no knowledge that it is the subject- Of any current or threatened criminal or civilaction investigation by any public agency, including without limitation a police agency or prosecuting authority, which would relate to or afrect performance of the Agreement or provision of services hereunder. B. Amount of Grant/Term and Quarterly Disbursement, The amount granted to SUBRECIPIENT for said program is One-1{andrad and Eighty Thousand Dollars ($180,,000.00) ("CDBG-CV FUNDS"), for the term commencing on the date 'first written above and continuing for twelve (12) months. This Agreement shall also cover any and all services provided by the SUBRECIPIENT" to the CITY since the date the CDBG-CV funds were awarded to the CITY. The Term of this Agreement may be extended by a writing executed by the City Manager, or his or her designee, and the City Attorney. 19 The C.DBG-CV FUNDS shall be disbursed by CITY to SUBRECIPIENT on a quarterly basis subject to and upon receipt and approval of a complete quarterly activity report from SUBRECIPIENT, with the final payment subject to the satistretion of the condition precedent of submittal of complete reporting information, as hercinaller 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 request for reimbursement, or return the entire reimbursement package to SUBRECIPIENT, until such documentation and reporting has been received and approved by CITY. The CITY reserves the right to reduce the anoun't of CDBG-CV FUNDS to SUBRECIPIENT, or to completely terminate this Agreement, in the CITY's sole discretion, if there is a reduction in CDBG-CV FUNDS provided to the CITY. The CITY reserves the right to reduce the grant application if the CITY's fiscal monitoring indicates that SUBRECIPIENT's rate of expenditure will result in unspent funds at the end of the program years. Amendments in the grant allocation will be made after consultation with SUBRECIPIENT. C. Use of Funds. SUBRECIPIENT agrees to use all federal fiords provided_ by CffY to SUBRECIPIENT pursuant to this Agreement to operate said program, as set forth in .Cxbibit A, attached hereto and by this reference incorporated herein. SUBRECIPIENT'$ failure to perform as required may, in addition to other remedies set forth in this Agreement, result in readjustment of the amount of funds CITY is otherwise obligated to pay to SUBRECIPIENT hereunder, D. Allowable Costs. SUBRECIPIENT agrees to complete said program within the term of this Agreement; and to use said funds to pay for necessary and reasonable costs allowable under the federal law and regulations to operate said program, Said amotntts shall include, but not be limited to, wages, administrative costs, and employee benefits comparable to other similarly situated employees, and Indirect costs. Other allowable program costs are detailed in the budget, as set forth in Exhibit B. attached hereto and by this reference incorporated herein. SUBRECIPIENT shall use all income received from said fends only for the same purposes for which said funds may be expended pursuant to the tenets and conditions of this Agreement. SUBRECIPIENT has the ability to adjust line item amounts in the budget with the written approval of the CITY's Executive Director of the Community Development Agency, or designee, so Eontr as the total budget amount does not increase. Pursuant to 2l FR v200.331(a)(4), the Indirect Cost Rate for the SUBRECIPIENT's award shall be an approved federally recognized indirect cost rate negotiated between the SUBRECIPIEN-f and the Federal government, or, if no such rate exists, the de minimis indirect cost rate as defined in 2 CFR .j200.41 d(b) Indirect (F&A) costs. For this Agreement, the de minim s indirect cost rate of 10% will apply. E. 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. F. Zonina. SUBRECIPIENT agrees that any facility/property used in furtherance of said program shall be specifically zoned and permitted for such use(s) and activity(ies). Should SUBRECIPIENT fail to have the required land entitlement and/or permits, thus violating any local, state or federal roles and regulations relating thereto, SUBRECIPIENT'shall immediately make good -faith etTorts to gain compliance with local, state or federal rules and regulations following written notification of said violations) 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 grunt funding hereunder. SUBRECiPIEN'T must make all corrections required to bring the facility/properly into compliance with the law within sixty (60) days ofnotification or the violation(s); failure togain Compliance within such time shall result in termination of grant funding hereunder, G. Separation of Accounts. 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. SUBRECIPIENT is not required to maintain separate depository accounts for CDBG-CV FUNDS; provided however, tine SUBRECIPIENT must be able to account for receipt, obligation and expenditure of CDBG=CV FUNDS pursuant to applicable 2 CFR 200,302 requirements. H. Audit Report Requirements. SUBRECIPIENT agrees that if SUBRECIPiE"NT expends Seven Hundred Fifty'rhousand Dollars ($750,000) or more in federal finds, SUBRECIPIENT shall have an annual audit conducted by a certified public accountant in accordance with tine standards as set forth and Published by the United States Office of Management and Budget. SUBRECIPIENT shall provide CITY with a copy of said audit by April I of the year following the program year in which this Agreement is executed. 1. Record Keepin Reporting. SUBRECIPIENT shall keep and maintain complete and adequate records and reports on program participants to determine their initial and continuing eligibility for the program services being provided to assist CITY in meeting and maintaining its record keeping responsibilities under the CDBG REDS, including the following: (I) Records a. Documentation evidencing program income requirements in conformity with 24 CFR 570,504(b)(2)(i), (ii) and 24 CFR 870.503(b)(3) and 24 CFR 570 208(a)(2)(B) of the income level of persons and/or families participating in or benefiting by the SUBRECIPIETST program. b. Documentation of tine number of persons and/or families participating in or benefiting by the SUBRECIPIENT proaRim. e. household information shall include number of persons, identification of head of household. race!ethnicitr, and income verification of all household members ages 18 and over. d. Documentation of all CDBG-CV FUNDS received from CITY, e. Documentation of expenses as identified in the Budget Proposal, including evidence of incurring the expense, invoices for goods or services, copies of any and all contracts or documentation pertaining to costs for subcontractors, plus all other invoices and proof of payment for which CDBG-CV FUNDS were expended, and any payments therefor. f. Any such other related records as CITY shall reasonably require or as required to be maintained pursuant to the CDBG KEGS. 4 (2) Reports a. Payment Request. Concurrently with the submittal of each report, SUBRECIPIENT shall submit both: an original invoice/request for reimbursement and true copies of invoices, receipts, canceled checks, bank statements, credit card statements, procurement documentation for goods or services, tinteshects, payroll records, benetit statements, agreements, contracts or documentation pertaining to costs for subcontractors, and/or other documentation supporting and evidencing how the CDBG-CV FUNDS have been expended during the applicable term, b. Progress Reports, SUBRECIPIENT agrees to keep records of all ethnic and racial statistics of persons and families benefited by SUBRECIPIENT in the performance of its obligations under this Agreement, including, but not limited to, the number of tow and moderate income persons and households assisted in accordance with federal incoine limits, the number of female heads of households assisted, new program information and year-to-date program statistics on expenditures, caseload and activities. Failure to provide any of the required documentation and reporting will cause CITY to withhold all or a portion of a request for reimbursement, or return the entire reimbursement package to SUBRECIPIENT, until such documentation and reporting has been received and approved by CITY. J. Access to Records. CITY and the United States Government and thew representatives or auditors shall have access for purposes of monitoring, auditing, and examining SUBRECIPLENT's activities and performance, to books, documents and papers, and the right to examine records of SUBRECIPIENT`s subcontractors, bookkeepers and accountant's, employees and participants in regard to said prograin. CITY and the United States Government and their representatives or auditors shall also schedule on -site monitoring attheir discretion. Monitoring activities may also include, but are not limited to, questioning employees and participants in said program and entering any premises or any site in which any of tine services or aetiVitiCS funded hereunder is conducted or in which arty of the records of SUBRECIPIENT are kept Nothing herein shall be construed to require access to any privileged or confidential information as set forth in federal or state law. K, Location of Records/Required Lenuth of Record Keeping, All accounting records, reports, and evidence pertaining to all costs, expenses and the CDBG-CV FUNDS of SUBRECIPI+� r and all documents related to this Agreement shall be maintained and kept available at SUBRECIPIENT'S office or place of business for tine duration of the Agreement and thereafter for rive (5) years from the date of final payment under this Agreement. Records which relate to: (a) complaints. claims, administrative proceedings or litigattion arising out of the performance of this Agreement; or, (b) costs and expenses or this Agreement to which CITY or an,,, other governmental agency takes exception, shall be retained beyond the rive (5) years until complete resolution or disposition of such appeals, litigation claims, or exceptions, in the event SUBRECIPIENT does not make the above -referenced documents available within the city of Santa Ana, California, SUBRECIPIENT agrees to pay all necessary and reasonable expenses incurred by CITY in conducting any audit at the location where said records and books of account are maintained. L. Compliance with Law/Program Income. SUBRECIPIENT acknowledges that the 'funds being provided by CITY for said program are received by CITY pursuant to the CARES Act and the ACT, as amended, and that expenditures of these hinds shall be in accordance with the CARES Act, the ACT, and all pertinent regulations issued by agencies of the federal government, including, but not limited to, all regulations found at Title 24 of the Code of Federal Regulations. Program income received by SUBRECIPIENT shall be returned to CITY, unless otherwise provided for in this Agreement. SUBRECIPIENT agrees to comply fully with all federal, state and local laws and court orders applicable to its operation whether or not referred to in this Agreement. 5 K 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 pity 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 CER 570,609. SUBRECIPIENT must review and sign Exhibit C "Debarment", which is attached hereto and incorporated herein by this reference. SUBRECIPIENT shall be in good standing, Without suspension by the California Secretary of State. Franchise Tax Board or internal Revenue Service. Any chdnge in the corporate status or suspension of SUBRECIPIENT shall be reported immediately to CITY, N. Confidentiality. Without prejudice to any other provisions of this Agreement, SUBRECIPiEN`r 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 and or HUD or its representatives, all records requested, including audit, examinations, monitoring and verifications of reports submitted by SUBRECI.PiCNT, costs incurred and services rendered hereunder. C), Independent Contractor. SUBRECIPIENT agrees that the performance of obligations hereunder is rendered in its capacity asan independent contractor rand that it is in no wayan agentof CITY. P. Violation of 'Perms and Conditions. SUBREC[PiENT agrees that if SUBRECIPIEN-1 violates any of the terms and conditions of this Agreement or any prior Agreement whereby CDBG-CV funds were received by SUBRECiPIENT, or ifSUBRECIPIENT reports inaccurately, or -if on audit there is a disallowance of certain expendihmes, SUBRECIPIEN'Iagrees to remedy the acts or omissions causing the disallowance and repay CITY all amounts spent in violation thereof. if SUBRECIPIE.NT engaged in fraudulent activity to obtain and/or justify expenditure of the CDBG-CV funds granted hereunder, SUBRECIPIENI T shall be required to reimburse the CITY of all such funds that were obtained and/or spent under fraudulent circumstances. Q. Equi rp nent. SUBRECiP[I N+T agrees to maintain a record for each iterm of norr-expendable personal property acquired under the terms of this Agreement. Said record shall be made available to CITY upon request. The term "non -expendable personal property" shall include leased and purchased equipment, R. Prohibited L?se. SULRECiPtENT hereby certifies and agrees that if will not use Binds provided through this Agreement to pay for entertainment, meals or gifts, or other prohibited asses. S. LobWno— SUBRECIPIENT certifies that it will comply with federal law ( i I U.S.C. 1352) and regulations found at 24 CFR Part 87, which provide that no appropriated funds maybe expended by the recipient of a federal contract, grant; loan or cooperative agreement to pay any person for influencing or attempting to influence art officer or employee of any agency, Member of Congress, or an officer or employee of a Member of Congress in connection with awarding of any federal contract, the making of any federal grant or loan, entering into any cooperative agreement and the extension, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. SUBRECIPIENT shall sign a certification to that effect in a form as set forth in Exhibit D, attached hereto and by this reference incorporated herein. SUBRECIPIENT shall submit said signed certification to CITY prior to performing any of its obligations under this Agreement and prior to any obligation arising on the pail of CITY to pay any sums to SUBRECIPIENT under the terms and conditions of this Agreement 6 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, all officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit a ^Disclosuea Form to Report Lobbying," in accordance with its instructions (Exhibit D), SUBRECIPIENT shall require that the language of this certification be included in the award documents for all sub -awards at all tiers (including subcontractors, sub -grants, and contracts under gni nts, loans, and cooperative agreements), aid agrees to take all actions necessary to ettsnre that all subrecipients shall similarly certify and disclose accordingly. T_ Financial Interest SUBRECIPIENT agrees that except for the use of CDBG-CV funds to pay salaries and other related administrative or personnel costs, no persons who exercise or have exercised any function with respect to CDBG-CV activities assisted under the terms of this Agreement, or who are in a position to participate in a decision -making process or gain inside information with regard to such activities, may obtain a financial interest or benefit from a CDBG-assisted activity of SUBRECIPIENT, either for themselves or those with whore 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 ofany designated public agency, or the SUBRECIPIENT. U. Labor Standards `fhe 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 tabor at 29 CPR Part 5. The SUBRECIPIENT shall maintain documentation that demonstrates compliance with hour and wage requirements of this pant. Sueh documentation shall be made available to the CITY for review upon request. SUBRECIPIENT agrees that, except with respect to the rehabilitation or construction of residential property containing less than eight (8) units, all contractors engaged under contracts in excess of $2,000,00 for construction, renovation or repair work financed in whole or in part with assistance provided under this contract, shall comply with Federal requirements adopted by the efTY pertaining to such contracts and with the applicable requirements of the regulations of the Department of Labor, under 29 CFR Parts 1, 3, 5 and 7 governing the paement of wages and ratio of apprentices and trainees to journey workers; provided that, if wage rates higher than those required under the regulations are imposed by state or local law, notating hereunder is [itcnded to relieve the SUBRECIPIENT of its obligation, if any, to require pnlnnent of the higher wage. The SUBRECiPIENT shall cause or require to be inserted in fully, in all such contracts subject to such regulations, provisions meeting the requirements of this paragraph. V. Section 3 of the Housin and Urban Development Act of 1968, SUBREC[PIENT will make every effort to provide training opportunities for low -and moderate -income persons residing within the community where the construction project is located and contracts awarded to local businesses therein to the greatest extent feasible as required under the provisions of Section of the Housing and Urban Development Act of 1968, the regulations set forth in 24 CFR 135, and all applicable rules and orders issued hereunder prior to the execution of this Agreement.-Cornptiaree with the foregoing requirements shall be a condition of the federal financial assistance provided tinder this Agreement and binding on the SUBRECIPIEN"f. Failure to fulfill these requirements shall subject the SUBRECIPIENT, its successors and designees, to those sanctions specified by the Agreement through which federal assistance is provided. The SUBRECiP1ENT oettiftes and agrees that no contractual or other disability exists which would prevent compliance with these r€quirements. SUBRECIPIENT shall make every effort to ensure that all projects funded wholly or in 'part by CDBG-CV Funds shall provide equal employment opportunities for minorities and women. W. DrUg Free Work lace. SUBRECIPIENT agrees to provide a drug -free workplace and to execute a certification as sot forth in Exhibit E attached hereto and incorporated herein by this reference. X. Uniform Administrative Requirements Cost Principles and AUdh Requirements for Federal Awards. The following requirements and standards must be complied with: 2 CPR Pail 200 et al. SUBRECIPIENT shall procure all materials, property, or services in accordance with the requirements of 2 CFR 200.318-326. Y. Suboatt K of 24 CFR 570. SUBRECIPIENT will carry out its activities in compliance with the requirements of Subpart K of 24 CFR 570, However, SUBRECIPIENT does not assume the CITY's environntetital responsibilities or the responsibility for initiating the environmental review process under 24 CFR Part 52. Z. Women- and Minority -Owned Businesses (WIMBE); SUBRECIPIENT will use its best efforts to afford small businesses, minority business enterprises, and women's business enterprises the maxlnnan 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, womea's business enterprises, and tabor surplus area tirms", As used in this Agreement, the term "small business" means a business that meets the criteria set forth its section 3(a) of the Small Business Act, as amended (15 L 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" tire 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 sit lieu or an independent investigation. Ii. MY'SOBLIGATIOtiS A. Payment of Funds. On April 2. 2020, the CITY received notice of an award of $3,374,017 in CDBG-CV funds from HUD in response to the COVID-19 pandemic. Subject to the terns of this Agreement. CITY agrees to pay to SUBRECIPHENT when, if and to the estent federal funds are received a sum not to exceed One -Hundred and Ei hty Thousand Dollars ($180,000,00) for SUBRECIPIENT'S performance in accordance with the Budget attached hereto as Exhibit B during the term of this Agreement. Payments shall be made to SUBRECIPIENT through the submission of invoices/reimbursement requests. CITY shall pay such invoices/reimbursement requests within thirty (30) days after receipt thereof provided CITY is satisfied that such expenses have been incurred and documented within the scope and provisions of this Agreemeintand that SUBRECIPIENT is in compliance with the terms and conditions of this Agreement. Failure to provide any of the required documentation and reporting AM cause CITY to withhold all or a portion of a request for reimbursement, or return the entire reimbursement package to SUBRECIPIENT,. until such documentation and reporting has been received and approved by CITY. Documentation may include, but is not limited to, true copies of invoices, receipts, canceled checks, bank statements, credit card statements, procurement documentation for goods or services, timesheets, payroll records, benefit statements, agreements, contracts or documentation pertaining to costs for subcontractors, and/or other documentation supporting and evidencing how the CDBG-CV FUNDS have been expended during the applicable term. B. Audit of ACeOtn¢t. CITY shall include an audit of the account maintained by SUBRECIPIENT in CITY's audit of all CD13G-CV FUNDS in accordance with Title 24 of the Code of Federal Regulations and other applicable federal laws and regulations. C. CAarmb❑ Ruler Pursuant to 2 CFR 200.328(a), the CITY manages the day-to-day operations of each grant and subgrtnt 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. D. Environmental Review: In accordance with 24 CFR 58, the CITY is responsible for undertaking environmental review and maintaining environmental review records for each applicable project. E. Performance Monitoring: CiTY shall monitor the performance of'SUBRECIPIENT against goals and performance standards required herein. The SUBRECIPIENT shall be responsible to accomplish the: levels of performance as set forth in Exhibit A and report such measures to the CiTY. If the SUBRECIPIENT estimates such goals will not be met, the SUBRECIPIE.N1" 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. I11. NON DISCRUNTINA`11ON A. SUBRECIPIENT agrees to comply with Beeutive Order 11246, which requires that during the performance of this Agreement, SUBRECIPIENT agrees not to discriminate against any employee or applicant Ior employment because of race, religion, sex, color or national origin. Such action shall include, but not be limited to the t"ollowing: 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 emplostncnt, notices to be provided by the SUBRECIPIENT setting forth the provisions of this nondiscrimination clause. B. 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 or. or be subject to discrimination under any program of activity receiving federal financial assistance. C. Nopersonshall, 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 fromdiscriminationon 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. D. SUBRECIPIENT agrees to comply with the Age Discrimination Act of 1975, which requires that during the performance of this Agreement, SUBRECIPIENT agrees not to discriminate against any employee or applicant for employment because or 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, arid 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. E, SUBRECIPIENT agrees to comply with Section Sod of the Rehabilitation Act of [971, 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 I-ederal financial assistance or under any program or activity conducted by any executive agency or by the United States Postal Service. IV, CONFLICT OF INTEREST Pursuant to the conflict of interest requirements set forth in 24 CPR 570.611 and 2 CFR 200.112, SUBRECIPIENT certifies that no member, officer, employees agent or assignee of CITY having direct or indirect control of any CDBG monies granted to the CITY, inclusive of the subject CDBG-CV FINDS. shall serve as an officer of SUBRECIPIENT. Further, airy conf7ictor potential conflict of interest of any officer of SUBRECIPIENT shall be fully disclose(( in writing prior to the execution of this Agreement and said writing shall be attached and deemed frilly 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 ofaftrcers. V, SPECIAL CERTIFICATION FOR RELIGIOUS ENTITIES if SUBRECIPIENT Is a religious entity, SUBRECIPIENT hereby agrees that it) connection with the provision of the services SU,BRECIPIEN I`shall providewithCD.BG-CV finds, in accordance with 24 CFR. 570.2000): A. SUBRECIPIENT shall not discriminate against any employee or applicant for employment on the basis of religion and shall not (unit employment or give preference in employment to persons on the basis of religion, B, SUBRECIPIENT shall not discriminate against any person applying for the services SUBRECIPII-.N'(" 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 oil the basis of religion. C. SUBRECIPIENT shall NOT provide religious instruction or counseling, conduct any religious worship or services, or engage in any reliigious 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 SUBRECIPiLNI T with applicable constitunional limitations respecting the establishment of religion as set forth in the establishment clause under the First Amendment of tine United States Constitution and Article 1, Section 4 of the California Constitution, and is not in any manner intended to restrict tither activities of SUBRECIPIENT. D. The portion of a facility used to provide public services assisted in -whole or in part under this Agreement shall contain no sectariain or religious symbols. E. Where the services to be provided under said program are rendered on property owned by the primarily religious entity SUBRECIPIENT, CDBG-CV funds may also be used for minor repairs to such 10 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 CDBG-CV expenditure for rendering the services under said program. VI. PROHIBITION OF NEPOTISM SUBRECIPIENT agrees not to hire or permit the hiring of any person to fill a positions funded through this Agreement if a member of that person's immediate family is employed in an administrative capacity bySUBRECIPIENT, For the purposes of this section, the term "immediate family" means spouse, child, mother, rnher, 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 terns "ttdministrative capacity" means having selection; hiring, supervisor or management responsibilities, VII. NOTICES Notices to the parties shall, unless otherwise requested in writing, be sent by U.S. Mail, postage prepaid, and addressed as follows: TO CITY: City of Santa Ana Community Development Agency (M-25) 20 Civic Center Plaza P.O. Box 1988 Santa Ana, California 92702.1988 TO SUBRECIPIENT: Project Hope Alliance Jennifer friend 1954 Placentia Ave., Suite 202 Costa Mesa, CA 92fi27 Main: (949) 722-7824 Vill. ASSIGNABILITY None of the duties Of; or work to be performed by, SUBRECIPIENT under this Agreement shall be subcontracted or assigned to any agency, consultant. or persons without the prior written consent of CITY. SUBIU:CIPIENT 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 cif SUBRECINENT pursuant to this Agreement. IX. 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 an person or persons, including property and employees or agents of CITY, and shall defend, indemnify and save harmless CITY, its officers, employees, agents, representatives end volunteers from and against any and all claims, demands, suits, actions or proceedings of any kind or nature, 'including, but not by way of limitation, workers compensation claims and including attorney fees and reasonable expenses for litigation or settlement, resulting from or arising out of the negligent or wrongful acts, errors or omissions of SUBRECIPIENT, its officers, directors, employees, agents, subcontractors and suppliers arising out of SUBRECIPIENT's performance of this Agreement, X. INSURANCE 1. Commercial General Liability. SUBRECIPiENT agrees to obtain and keep in force during the terns of this Agreement a policy of comprehensive commercial public liability insurance insuring the CITY, and SUBRFCPIENT against any liability for-nocidenC injury or death arising out of or in consequence of this Agreement. Such insurance shall be in an amount not less than One Million Dollars ($t,000,000.00) for any injury to or death of any person or persons in any single accident or occurrence. Said policy of comprehensive liability insurance shall be endorsed to provide to CITY at least thirty (30) days written notice prior to cancellation: name CITY, its officers, agents, employees, and volunteers, additional insured; and state that such coverage is primary to any other coverage or self- insurance and CITY. Govermnental entities may provide proof of self-insurance. (a) Such insurance shall: (1) name the City of Santa Ana, its officers, agents, representatives, employees and volunteers as additional irisvred's; (2) be primary with respect to insurance or self-insurance programs maintained by the CITY; (3) contain standard separation of insured's provisions; and (4) give to CITY prompt and timely notice of claim made or suit instituted arising out of'SUBRECIPIENT's operations- hereunder, (b) SUBRECIPIENT shall: (1) prior to exercising any right under this Agreement, furnish properly executed certificates of insurance and additional insured endorsement to the CITY which shalt clearly evidence all coverages required above; (2) provide that such insurance shall not be materially changed or terminated except on 30 days prior written notice to the CITY; (3) maintain such insurance for the period covered by this Agreement; and (4) replace such certificates for policies expiring prior to the expiration of this Agreement 2. Automobile Liability Coverage SUBRECIPIENT shall also obtain and maintain, during the effective period of this Agreement., broad form automobile liability coverage with a $1.000,000 limit unless reduced by CITY, which applies to both owned/leased and non -owned automobiles used by SUBRECIPIENT employees or participants in performance of this Agreement, or, fit the event that SUBRECIPIENT will not utilize such owned/leased automobiles but intends to require employees, participants or other agents to utilize their own automobiles in the performance of this Agreement, SUBRECIPIENT shall secure and maintain on file rrom all such employees, participants, or agents as self-certitication of automobile insurance coverage. Governmental entities may provide proof of self- insurance. 3 Workers' Compensation. if Sl, BRE{ iPIENT is an -employer", as set forth in California Labor Code Section 3300 et seq., or utilizes participants as "employee:;." as set forth in California Labor Code Section 3350 et seq., SUBRECIPIENT shall obtain and keep in force during the term of this Agreement full Workers' Compensation insurance coverage for injuries suffa-ed by participants. Said insurance policy shall guarantee CITY at least thirty (30) days written notice of cancellation or modification, q. Equipment Coverage. SUBRECIPIENT shall purchase a policy or policies of insurance covering loss or damage to any and all Equipment provided to or purchased by SUBRECIPIENT in accordance with this Agreement. Said insurance shall be in the amount of the full replacement value thereof, providing protection against the classification of fire, extended coverage, vandalism, malicious mischief, theft, and special extended perils. Governmental entities may Substitute'a certificate of self- insurance. 12 5. Proof of Insurance. Certifteatcs and endorsements must be submitted and approved by CITY prior to any wort: under this Agreement. SUBRECIPIEN'Tunderstands that CITY will make no payments under this Agreement until the required certificates and endorsements have been approved by CITY. XI. REVERSION OF ASSETS A. Upon the expiration of this Agreement, SUB RECIPIENT shall transfer to CITY any CDBG-CV funds on hand at the time ofthe expiration of this Agreement as well as any accounts receivable attributable to the use ofL DBG-CV fiends. [24 CFR 570.503(b)(7)] B, Any real property under SUBRECIPICNT's control that was acquired or improved in whole or in part with CDBG-CV funds in excess of $25,000.00 most either be: I. Used, where CITY has given written approval, to meet one of the national obieetives stated in 24 CFR 570.208 until five (5) years after expiration of this Agreement, or for such longer period of time as determined to be appropriate by CITY: or 2. If not used in accordance with subparagraph I above, SUBRECIPIENT shall pay to CITY ant amount equal to the current fair market value of the property less any portion of the value attributable to the expenditure of non-CDBG funds for acquisition of, or improvement to, the property. Such payment is program income to CITY. C. Subject to the obligations set forth herein, title to equipment acquired under the terms of this Agreement will vest upon acquisition in SOBRECIPIFNT. When said equipment which has been acquired in accordance with this Agreement and all applicable regulations is no longer needed for said program, disposition of said equipment will be made as follows: 1. Items of equipment with a current per unit fair market value of less than $5,000.00 may be retained sold or otherwise disposed of with no further obligation to CITY. 2. items of equipment with a current fair ni arket per unit value of $5.000,00 or more may be retained or sold and CITY shall have the right to an amount calculated by multiplying the entreat market value or proceeds From the sale by CITY's share of federal fnndS used to acquire the equiptneint in accordance with 2 CFR 200313(e)(2). 1). SUBRECIPIENT hereby asrees, upon the demand of CITY. to execute, acknowledge and dehceT, nr cause any person or entity who stay have any claim to rights hereunder Orunder any document, instrument or agreement executed in furtherance of the services and activities to be performed hereunder, to execute, acknowledge and deliver, to COPY assignment(s), quit claim deed(s) or such other and further instruments, documents and agreements as may be necessary, in the sole and absolute discretion of CITY; to vest in CITY all of SUBRECIPIENT"s right, title and interest (if any it may have) in and to CITY, CDBG- CV or other federal, state and/or local accounts or program funds or allocation of funds to which CITY is or may be entitled, either for its own account or as fiduciary or trustee for others, which were obtained for the purpose of the performance of this Agreement or any previous agreements relating to the same subject matter or activities as this Agreement, together with any instruments, loans, grants or advances by SUBRECIPIFNT Oil behalf of CITY, in furtherance of the activities hereunder or thereof. SUBRECIPIFNT's obligations and responsibilities set forth in this paragraph "XI. WENLRSION OF ASSETS," and in paragraph " XII. TERMINATION" and other requirements pertaining to program income shall not be affected by the termination of this Agreement and shall survive the date of termination of this la Agreement for such period of time as CITY and/or HUD deems necessary for tine responsibilities, duties and obligations to be performed and completed to the satisfaction of CITY and HUD. XII. TERKMATIO'N A. This Agreement maybe terminated on thirty (30) days' written notice by either party. In the event of such termination, SUBRECIPIENT shall only be entitled to reimbursement for approved expenses incurred to the effective date of termination. B. 'I"his Agreement may be suspended or terminated by CITY upon five (5) days" written notice for violation by SUBRECIPIENT of Federal Laws governing the use ofCDBG-CV Funds. In the event ofsuch suspension or termination, SUBRECIPIENT shall only be entitled to reimbursement for approved expenses incurred up to the effective date of suspension or termination. C. Pursuant to 2 CFR M0.340, 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 oil a date stated in tile notice which is to be not less than ten (10) days after certified mailing or personal SQr Viee 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 or 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 n%i (1)any payments made for services not subsequently perforated in a timely and satisfactory minter, and, (2) costs incurred by CITY in obtaining substitute performance. D. The grant of funds unclor this Agreement may be terminates( for convenience by either the _CITY or SUBRECIPIENT, in whole or in part, by setting forth the reasons for such termination, the effective dace, and, in the case of portion termination, their portion to be terminated. However, if in the case of partial termination, the CITY determines that the remaining portion ofthe avvard will not accomplish the purpose for which the award was made, the CITY may terminate the award in its entirety. E" The grant of Funds under this Agreement may be terminated due to the non-performance of SUBRECIPIENT and/or failure of SUBRECIPENT to perform the work describe([ in Exhibits A and B or failure to meet the performance standards and program goals set forth therein. F. The grant of funds under this Agreement may be terminated due to the failure, of the CITY to receive sufficient or anticipated funding from [IUD for the CDBG-CV program for any term subject to this Agreement. G. In the event this Agreement is terminated as set forth in subparagraphs XIi.A. through XILF- inclusive, SUBRECIPIENT agrees to immediately return to CITY upon CITY's demand and prior to any adjudication of SUBRF.CIPIENT's rights, any and all funds not used, and to comply with paragraph "XI. REVERSION UP ASSETS" of this Agreement. XIIl. LIMITATION OF FUNDS The United States of America, through HUD, may in the future place programmatic or fiscal limitations on tide use of CDBG-CV funds, which limitations are not presently anticipated. Accordingly, CITY reserves the right to revise this Agreement in order to take account ofactions affecting HUD program funding. in the event of funding reduction, CITY may, in its sole and absolute discretion, reduce the budget of this Agreement as a whole or as to costs category, may limit the rate of SUBRECIPIENT's authority to 14 commit and spend funds, or may restrict SUBRECIPIENT`s use of both its uncommitted and its unspent funds. Where HUD has directed or requested CITY to implement a reduction in funding, in whole or as to It cost category, with respect to funding for this Agreement, CITY's City Manager or delegate is authorized to act for CITY in implementing ansl effecting such a reduction and in revising, modifying, or amending the Agreement for such purposes. Ifsuch a reduction in Funding occurs, SUBRECIPIENT shall be permitted to do -scope accordingly. Where CITY has reasonable grounds to question SUBRECIPIENT's fiscal accountability, financial soundness, or compliance with this Agreement, CITY may suspend the operation of this Agreement for up to sixty (60)days upon rive (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 HUD cash withdrawal guidelines. XIV FXC USfVITY AND AMENDMENT OF AGREEMENT "['his Agreement supersules any and all other agreements, either oral or in writing. between the parties hereto with respect to the use of CITY's CDBG-CV funds by SUBRECiPIENT and contains all the covenants and agreements between the parties with respect to such employment in any manner whatsoever, Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf 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. XV. LA`VS GOVERNING THIS AGREEMENT This Agrcement shall be governed by and construed in accordance with the laves of the State of California, and all applicable federal laws and regulations. XVI. CLOSE; -OUT The SLIBRECIPIENT agrees to comply with the closeout procedures detailed in 2 CFR sv200.343, including the following; 1. SUBRECiPIEN-17 most subunit, no later than ninety (90) calendar days alter the end date of the period of perrormance. all financial, performance. and other reports -is required by the terms and conditions or the Fedzra[ award; 2. Unless the CITY authorizes an extension, SUBRECIP1,L.NT trust liquidate all obligations incurred under the Federal award not later than ninety (90) calendar days after the end date of the period of performance as specified in the terms and conditions of the Federal award; 3. 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 SUBRECIIIIENT for use in other projects (See OMB Circular A-129 and 2 CFR §200.345); 4. SUBRECIPIENT must account for any real and personal property acquired with Federal €lords or received from the Federal government in accordance with 2 CFR §§200.310- 200.316 and 200.329; and, 15 S. The CITY should complete all closeout actions for the Federal award no later than one year after receipt and acceptance of all required 19nal reports. XVIL VALIDITY AND SEVERAIII°LITY 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 Agreerent. Whenever possible, each provision of this AGREEMENT shall be interpreted in such manner as to be effective and valid under applicable lave, but if any provision of this AG12E6t1 ik NT is held to be prohibited by or invalid udder 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, XVIIL WAIVE No delay or omission by either party hereto to exercise any right or power accruing upon any noncompliance or default by the other party with respect to any of the terms of this Agreement shall npair airy such right or power or be construed to be a waiver thereof: A waiver by either of the parties hereto of any of the covenants, conditions, or agreements to be performed by the other shall not be construed to be a waiver of any suoceeding breach thereof or of any other covenant, condition or agreement herein contained. XIX. FEDERAL REQUIREMENTS FEMA Financial assistance will be used to fund all or a portion of this contract. SUBRECIpIENT shall cornply with all federal requirements including, but not limited to, the following: 1. 2 C.F.R. Part 200 — Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, which is expressly incorporated herein by reference. 2. Federal Contract Provisions attached hereto as Exhibit F and incorporated herein by rercrence. Subcontracts, if any, shah contain a provision making them subject to all of the provisions stipulated in the contract, including but not limited to, 2 C.F.R. Part 200 and the Federal Contact Provisions. With respect to any conflict between such federal requirements and the terms of this Agreement and/or the provisions of state lave and except as otherwise required under federal law or regulation, the more stringent requirement shall control. XX. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY frilly, 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. 16 b. All Exhibits and Attachments referenced herein and attached hereto shall be incorporated as if frilly set forth in the body of this Agreement. t,Vgnctturc�s on followingprggef 1.7 A-2020-251-09 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the last date and year written below. ATTEST: Q"' Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney Eiy: RYA' O. L ODGE Assistant it,, Attorney RECOMMENDED FOR APPROVAL: MICHAEL GARCIA Executive Director Communitv Development Agency 18 CITY OF SANTA ANA Y RR STINE RID E City Manager DUNS h�: 055708303 City of Santa Ana CDBG Scope of Work Program Year 2022-2023 (July 1, 2022 - June 30, 2023) Name of Organization Project Hope Alliance Name of Funded Program Onsite Case Management for Santa Ana Youth Experiencing Homelessness Annual Accomplishment Goal Unduplicated Participants anticipated to be served during the 12-month contract 2eriod, _ 60 TOTAL I Participants I 100°(0 60 Law Income Par[taipants 1 100% Schedule of Performance (estimated) Quarter 1: OCT 1 - DEG 31 Quarter 2: JAN 1 - MAR 31 Quarter 3:APR 1 -JUN 30 Quarter 4: JUL 1 - SEP 30 Unduplicated Participants 12 14 16 18' 60 Program and Funding Description Estimated Invoicing $ 36,000,00 $ ' 42,000,00' $ ' 48,000.00 $ 54,000 00' $ 180,000.00 EXHIBIT A EXHIBIT A FISCAL YEAR 2022.2023 PROGRAM BUDGET Organization Name Project Hope Alliance Program Name Onsite Case Managementfor Santa Ana Youth Experiencing Homelessness' EXPENDITURES Enter budget categories and projected expenditures for he proposed program: Category Expenditures Funded By Santa Ana CDBG Expenditures Funded By Other Sources Program Budget Total Organisation Budget Administrative Staff Salaries $7,627 $7,627 Program Staff Salaries $156,009 $156,009 Contractual/Professional Services $0 $0 0 $0 .1 $0 TOTAL Direct Costs $163,636 $0 $163,636 $0 1 ndirect Costs 10% $16,364 $16,364 TOTAL BUDGET $180000 $0 $180,000 $0 * Indirect cost rate: 10% Non -Federal entity without federaly recognized negotiated indirect cost rate, will charge a de minimis rate of 10% of modified total direct costs. PROGRAM RESOURCES LIST ALL OTHER PROGRAM RESOURCES FOR 2022-2023 Funding Source Total r iUsx Santa Ana EXHIBIT B 2022-2023 CDBG BUDGET LINE ITEMS ADMINISTRATIVE STAFF PositionTitie Annual Salary CDBG Funds Requested Description Accounting Manager $ 5,627 $ 5,627 Maintains billing, payroll, misc Foundation Relations Manager $ 2,000 $ 2,000 Maintains grants, and assists with reporting compliance $ 7,627 PROGRAM STAFF Annual CDBG Funds. Position Title Salary Requested Description Full-time Case Managers are dedicated to providing Individualized case management and wraparound support services to Santa Ana youth. Our programs are case'management-Cehtric, meaning that Our case managers are the channel through which ail of our wraparound services flow. Total amount includes employee benefits and payroll taxes as well as base Case Managers (2)' $ 118,979 $118,979 salaries. Leadership team members are responsible for program oversight, weekly meetings with case managers, time - tracking and invoicing related to contracts, data input, and reporting client program metrics to funders, Program Staff Support $ 37,030 $ 37,030 donors, and community partners. $156,009 CONTRACTUALJPROFESSIONALSERVICES Type of Service Contract Amount CDBG Funds I Requested Description Not applicable OTHER LINE ITEMS Program CDBG Funds Line Item Amount Requested Description Incilrect'Costs $16 364 $16,364 10%4as allowed by agreement $16,364 $180,000 c�c 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, Pat-ticipants'responsibititie.s, The regulations were published as Part V11 of the May 26, 1988 federal Register (pages 19160-19211). (BEFORE CUMPLETING CERTIFICATION. READ INSTRUCTIONS FOR CERTIFICATION - Attached) (t) 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 shalt attach an explanation to this proposal, Jennifer Friend, Chief Executive Officer NameandTitle of Authorized Representative -- October I L 2022 Signature Date EXHIBIT C Page 1 of 2 INSTRUCTIONS FOR CERTIFICATION 1. 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 incipient of federal assistance Rinds knowingly rendered an erroneous certification, in addition to other remedies available to the Federai Government, the Department of Labor (DOL.) may pursue available remedies, including suspension and/or debarment. The prospective recipient of federal assistance funds shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective recipient of federal assistance funds learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. The terms covered transaction, debarred, strsperitled,"ineligible," lower Glee 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 t2549. You may contact the person to which. this proposal is submitted for assistance in obtaining a copy of those regulations, 5. The prospective recipient of federal assistance funds agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the DOL. 6. The prospective recipient of federal assistance funds further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and voluntary exclusion - Lower Tier Covered Transactions," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. A participant in acovered transaction may rely- upon a certification o£aprospective participant ina. lower tier covered transaction that it is not debarred, suspended. ineligible, or 4oluntarily 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 Nan- Proettrement Programs, 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and. information of-aparticipant 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 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the DOL may pursue available remedies, including suspension and/or debarment. EXHIBIT C Page 2 of 2 Certification Regarding Lobbying Certification for Contn�ts 1 Dens and Cooperative Agrectnonts 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 all 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 ofany 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 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 underslgned shall requirethat the language of this certification be ineitided 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, [.. 5. Code. Any person who fails to file the required certification sliall he subject to a civil penalty of not less than $10,000 and not more than $100_000 for each such faihire. Project Elope Alliance Grantee/Contactor Organization Jennifer Friend October 11, 2022 Name of Certifying Officer Signature Date EXHIBIT C Page 1 of 2 SUBRECIPIENT warrants the following: 1. SUBRECIPIENT will comply with Public Law 88-352, Title VI of the Civil Rights Act of 1964 (42 U. S. C. section 2000 et seq.) and implementing regulation in 24 CFR Part L 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 Linder any program or activity funded in whole or in part with community development funds made available PLUSUarit to the ACT. I 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 accordaxice with the Davis -Bacon Act, as amended, 40 U. S. C, Sections 276 it 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. S UBRECIPIENT will comply with all Federal statutes applicable to projects funded with community development (ands, except that (a) SUBREClPfFNT does not assume CITY'S environmental responsibilities described at 24 CFR 570.604; and (b) S UBRECIP1,ENT doe.,,; not assume CITY'S responsibility for initiating the review process under Executive Order 12372. EXHIBIT D Page 2 of 2 • y '!JMO r ♦ r 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; EXHIBIT E Page 1 of 3 (f) Taking one of the following actions, within 30 days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted - (1) Taking appropriate personnel action against such an employee, up to and including termination; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; (g) Making a good faith effort to continue to maintain a drug -free workplace through implementation of paragraphs (a), (b), (c), (d), (a) and (f), B. The contractor shall insert in the space provided on the attached "Place of Performance" form the site(s) for the performance of work to be carried out with the grant funds (including street address, city, county, state, and zip code) .the contractor further certifies that, if it is subsequently determined that additional sites will be used for the performance of work under the contract, it shall notify the U,S. Department of Housing and Urban Development immediately upon the decision to use such additional sites by submitting a revised "Place of Performance" form, Project Hope Alliance Organization rlutliorized Signature EXHIBIT E Page 2 of 3 October 11, 2022 Date FR. ., i UK Fir, rorm NOMENLY iifikl 2 WA"QZJqWj Name: Jennifer Friend / Proiect Hope Alliance Date: October 11, 2022 The Contractor shall insert in the space provided below the sites) expected to be used for the performance of work under the contract covered by the cedtfication: Place of Performance (include street address, city, county, state, zip code for each site): Project Hope Alliance, 1954 Placentia Ave. #202, Costa Mesa, CA 92627 Carnegie Shelter, 1815 Carnegie Ave., Santa Ana, CA 92705 Scholarship Prep Charter School, 1010 W. 171" St., Santa Ana, CA 92706 Santa Ana High School, 520 W. Walnut, Santa Ana, CA 92701 Heninger Elementary/Middle School, 417 W. Walnut, Santa Ana, CA 92701 EXHIBIT E Page 3 of 3 EXHIBIT F During the performance of this contract, SUBRECIPIENT (or "Vendor") shall comply with all applicable federal laws and regulations, including but not limited to, the federal contract provisions in this Exhibit. III this Exhibit, the term "Agency" shall mean the CITY as the local agency entering into this contract with the Vendor, CONTRACTING WITH SMALL AND MINORITY FIRMS, WOMEN'S BUSINESS ENTERPRISE AND LABOR SURPLUS AREA FIRMS (2 C.F.R. § 200.321) (A) Vendor shall be subject to 2 C.FK § 200.32 t and will take affirmative steps to assure that minority firms, women's business enterprises, and labor surplus area firms are used when possible and will not be discriminated against on the grounds of race" color, religious creed, sex, or national origin in consideration for an award. (B) Affirmative steps shall include: (i) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (ii) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; (lii) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maxims}nt participation by small and minority business, and women's business enterprises; (iv) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority business, and vvomcn's business enterprises; and (v) Using, the services/assistance of the Small Business Administration (SBA), and the Minority Business Development Agency (MBDA) of the Department or Commerce. Vendorshall submit evidence of compliance with the foregoing affirmative steps when requested by the Agency. Notwithstanding the foregoing, the affirmative steps requirements detailed above do not apply in the case of a noncompetitive procurement made under the emergency exception exigency exception to competitive procurements. 2. COST PRINCIPLES (2 C.F.R, PART 200, SUBPART E) (A) If any indirect costs will be charged to the Agency under this contract, such costs mustt conform to the cost principles set forth under the Uniform Rules at 2 CY.R. Pail 200, subpart F ("Cost Principles"). in general, costs must (i) be necessary and reasonable; (ii) 24 allocable to the grant award; (iii) conform to any limitations or exclusions set forth in the Cost Principles; (iv) be adequately documented; and (v) be determined in accordance with generally accepted accounting principles ("GAAP"), except, for state and local governments and Indian tribes only, as otherwise provided for in 2 C.F.R, Part 200, subpart E. 2 C,F.R. § 200.403. Costs that are determined unallowable pursuant to a federal auditary subject to repayment by Vendor, 3. ACCESS TO RECORDS &, RECORD RETENTION (2 C,F.R. 200.336) (A) Vendor shall comply with 2 C.F.R. § 200.336 and provide the Federal Agency, Inspectors General, the Comptroller General of the United States, Agency, and the State of California or any of their _authorized representatives access, during normal business hours, to documents; papers, books and records which are directly pertinent to this contract four the purposes of making and responding to audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to the Vendor's personnel for the purpose of interview and discussion related to the books and records. (B) The Vendor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (C) [-he Vendor agrees to provide the Federal Agency or its authorized representatives access to construction or other work sites pertaining to the work being completed under the contract. 4. REQUIRED CONTRACT PROVISIONS IN ACCORDANCE WITH APPENDIX II TO PART 200 — CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS UNDER FEDERAL AWARDS (2 C.F.R. § 200.326) (A) Auneandie If to Part 200 (A) Appendix 11 to Part a00 ' is Remedies for Breach - Termination for Cause/Convenience. If the contract is in excess of $10,000 and the Contract does not include provisions for both termination. for effuse and termination For convenience by the Agency, including the manner by which it will be effected and the basis for settlement, then the following terniinationn clauses shall apl)ly. If the contract is for more than the simplified acquisition threshold (see 2 C.F,R, § 200.34) at the time the contract i5 executed and does not provide for administrative, contractual, or legal remedies in instances where Contractor violates or breaches the terms of the contract, then the fbllowing termination clauses shall apply and have precedence over the contract Otherwise.. the following termination clanseashail not be applicable to the contract. (i) Termination for Convenience The Agency may, by written notice to Vendor, terminate this contract for convenience, in whole or in part, at any time by giving written notice to Vendor of such termination, and specifying the effective date thereof ("Notice of Termination for Convenience'). If the termination is for the convenience of the Agency, the Agency shall compensate Vendor for work or materials fully and adequately provided through the effective date of termination. No amount shall be paid for unperformed work or materials not provided, including anticipated profit. Vendor shall provide documentation deemed adequate by the Agency to show the work actually completed or materials provided by Vendor prior to the: effective date of termination. This contract shall terminate on the effective date ofthe Notice of Termination. 25 (il) Termination for Cause. If Vendor fails to perform pursuant to the terms of this contract the Agency shall provide written notice to Vendor specifying the default ("Notice of Default"). 1f Vendor does not Cure such default within ten (1.0) calendar days of receipt of Notice of Default, the Agency may terminate this contract for cause. If Vendor fails to cure a default as set forth above, the Agency may, by written notice to Vendor, terminate this contract for cause, in whole or in part, and specifying the effective date thereof ("Notice of Termination for Cause"), If the termination Is for cause, Vendor shall be compensated for that portion of the work or materials provided which has been fully end adequately completed and accepted by the Agency as of the slate the Agency provides the Notice of Termination. In .such ease, the Agency shall have the right to take whatever steps it deems necessary to complete the project and correct Vendor's deficiencies and charge the oast thereof to Vendor, who shall be liable for the full cost of the Agency's corrective action, including reasonable overhead, profit and attorneys' fees. (III) Reimbursemenr Damages, The Agency shall be entitled to reimbursement for any compensation paid in excess of work rendered or materials provided and shall be entitled to withhold compensation for defective work or other damages caused by Vendor's performance of the work. (iv) Additional Termination Provisions. Upon receipt of a Notice of Termination, either for cause or for convenience, Vendor shall promptly discontinue the work unless the Notice directs to the contrary, Vendor shall deliver to the Agency and transfer title (if necessary) to all provided materials and completed work, and work in progress including drafts, document,, plans, 'forms, mops, products, graphics, computer programs and reports. The rights and remedies of the parties provided in this Section are in addition to any other rights and remedies provided by law or under this contract. Vendor acknowledges the Agency's right to termimttc this contract with or without cause as provided In this Section, and hereby waives any and all claims for damages that might arise from the Agency's termination of this contract, The Agency shall not be liable for any costs other than the charges or portions thereof which are specified herein, Vendor shall not be entitled to payment for unperformed vv;ork or materials not provided. and shalt not be entitled to damages or compensation for termination of work or supply of materials. If Agency terminates this contact for clause, and it is later determined that the termination for cause was wrongful, the termination shall automatically be converted to and treated as a termination for convenience, In such event, Vendor shall be entitled to receive only the amounts payable under this Section, and Vendor specifically- waives any claim for any tither amounts or damages, including, but not limited to, any claim for consequential damages or lost profits. The rights and remedies of the Agency provided in this Section shall not be exclusive and are in addition to any other rights and remedies provided by law; equity or tinder this contract including, but not limited to, the right to specific performance. (B) Appendix 11 to Part 200 (C) — Equal EmploymentOpoortunjLy: Except as otherwise provided under 41 C.F,R. Part 60, Vendor shall comply with the following equal opportunity clause, in accordance with Executive Order 11246 of September 24, 1965 entitled `Equal Employment Opportunity," as amended by Executive Order 11375 of October 13, 1967 and implementation regulations at 41 G.F.R. Chapter 60: 26 (i) Vendor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or notional origin. Vendor will take affirmative action to insure that applicants are employed and that employees are treated equally during employment, without regard to race, color, religion, sex, or national origin. Such action shall inelnde, but not be limited to, the following: employment upgrading, demotion, transfer, recruitment, or recruitment advertising; layoff or termination, rates of pay or other forms of compensation; and selection for training including apprenticeship. Vendor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Agency setting forth the provisions of this nondiscrimination clause. Vendor will, in all solicitations or advertisements for employees placed by or on behalf of Vendor, state that all qualified applicants will receive consideration for employment without regard to their race, color, religion, sex, or national origin. Vendor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed tine compensation of the employee or applicant or another employee or applicant; This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, Or action, including an Investigation conducted by the employer, or is consistent with Vendor's legal duty to furnish information. (IV) Vendor will send to each tabor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding. a notice, to be provided by the agettcycontracting officer. advising the labor union or workers' representative of die contractor's commitments under Section 202 of Executive Ordcr No. 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (V) Vendor will comply with all proaisions of Executive Order 11246 of September 24. 1965, and of the rules, regulations, and relevant orders of the Seoretar-v of Labor. (vi) Vendor will hurnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders of die Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (vii) In the event of Vendor's noncompliance with the nondiscrimination clauses of this contract or with any of such rules; regulations, or orders, this contract may be cancelled, terminated or suspended in whole or in part and the contractor may be 27 declared ineligible for further Government contracts in accordance with procedures authorized in 1xecutive Order No.] 1246 of Sept. 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No. 1 1246 of September 24t, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (vili) Vendor wilt include the provisions of paragraphs (i) though (viii) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secrctary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of September 24,1965, so that such provisions will be binding upon each subcontractor or venclor. Vendor will take such action with respect to any saibeontrget or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance: Provrckec(, however, that in the event Vendor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, Vendor may request the United States to enter into such litigation to protect the interests of the United States. (C) Appendix 11 to Part 200 (D) — Davis -bacon Act: Eropeland Act- Not applicable to this contract. (©) Ap radix II to Part 200 {E) Contract Work Noars and Safety Standards Act (i) if this contract is in excess of $100,000 and involves the employment of mechanics or laborers, Vendor shall comply with 40 U.S.0 3702 and 3704, as supplemented by Department of Labor regulations (29 C,F.R. Part 5), Unifier 40 U.S.C. 3702, each contractor must be required to compute the wades of every meelnanieand laborer on the basis of a standard work week of40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at it rate of not less than one and a half times the basic rate of pay for ail hours worked in excess of 40 hours in the work week. The requirements ol'40 U.S.C, 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary. hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market. or contracts for transportation or transmission of hntelligenee. (ii) No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed tm such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one- half times the basic rate OF pay for all hours worked in excess of forty hours in Such workweek. (lii) in the event of any violation of the clause set forth in paragraph (ii) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work donne under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, 28 including watchmen and guards, employed in violation of the clause set forth in paragraph (ii) of this section, in the sum of $10 for each calendar day out which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (ii) of this section. (Iv) The Agency shall upon its own action or upon written request of an authorized representative ofthe Department of Labor withhold or cause to be withheld, from ally moneys payable oil account of vvork performed by the Vendor or subcontractor under any such contract or any other Federal contract with the ,same prime contractor, or anv other federally -assisted contract subject to the Contract Work Hours and Safety Sttindards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (III) of this section, (v) The Vendor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (ii) through (v) of this Section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (ii) through (v) of this Section. (E) Appendix le Under Contract or Agreement: (i) If the Federal award meets the definition of "finding agreement" under 37 CF.R. § 401.2(a) and the non -Federal entity wishes to enter into a contract with asmall business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work finder that"funding agreement." the non -Federal entity must comply with the requirements of 37 C.F.R. Part 401 (Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and, Cooperative Agreements), and any hnplementing regulations issued by the Agency. (ii) The regulation at 37 CF.R. § 401,2(a) currently defines "funding agreement" as any contract, grant. or cooperative agreement entered into between arty Federal agency; other than the Tennessee Valley Authoritq, and any contractor for the pc forntanCe of experimental, developmental, or rescarcii work funded in whole or in part by the Federal government, this term also includes any assignment. Substitution of parties, or subcontract of anytype entered into for the performance of experimental, developmental, or research work under a funding agreement as defined in the first sentence of this paragraph, (ill) This requirement does not apply to the Public Assistance, Hazard Mitigation Grant Program; Fire Management Assistance Grant Program, Crisis_ Counseling Assistance and Training Grant Program, Disaster Case Management Grant Program, and Federal Assistance to Individuals and Households — Other Needs Assistance Grant Program, as FFMA awards under these programs do not meet the definition of '*funding agreement." (F) Appendix II to Part 200 CG) — Clean Air Act anct Federal Water Pollution Control Act If this contract is in excess of $150,000, Vendor shall comply with all applicable standards, 29 orders, or requirements issued pursuant to the Clean Air Act (42 L).S,C, 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C, 1251-1387), (i) Pursuant to the Clean Air Act, ( 1 ) Vendor agrees to comply with all applicable standards, Larders or regulations issued pursuant to the Clean Air Act, as amended, 42 [.i.S.0 . § 7401 or seq., (2) Vendor agrees to report each violation to the Agency and understands and agrees that the Agency will, in turn, repots each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional ©Rice, and (3) Vendor agrees to include these requirements in each subcontract exceeding $150,000. (ii) Pursuant to the Federal Water Pollution Control Act, (1) Vendor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U,S.C. 1251 et seq., (2) Vendor agrees to report each violation to the Agency and understands and agrees that the Agency will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office, and (3) Vendor agrees to include these requirements in each subcontract excced ing $ t 50,000. (G) A contract award (see 2 C.F.R. § 1 SUN) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the O?V113 gtuidelines at 2 CFR 180 that implement EXeCrtiV@ 01-CICI-S 12349 (3 C.F.R. part 1986 Comp., p, 189) and 12689 (3 C1.R. part 1989 Comp., p. 235), "Debarment and Suspension," 5AM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority rather than Executive Order [2549, (i) This contract is a covered transaction for purposes or C.F.R. pt. 180 and 2 C Y.R. pt. 3000, As such Vendor is required to verify that none of the Vendor, its principals (defined at 2 C.F.R.. § 180.995), or its affiliates (defined at 2 C.F.R. § 180,905) are e teluded (defined at 2 C'.IF'.H- § 180.940) or disqualified (defined at 2 CF,R. § 180.933). (Ii) Vendor must comply with 2 C.F.R. In. 180, subpart C and 2 C.F.R. pt, 3D00, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into, Oli) This certification is a material representation of fact relied upon by Agency, if it is later, determined that Vendor did not comply with 2 C.F.R. pt, 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the Agency, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (Iv) Vendor warrants that it is not debarred, suspended, or otherwise excluded from or ineligible for participation in any federal programs, Vendor also agrees to verify that all subcontractors performing work under this contract are not debarred, disqualified, or otherwise prohibited from participation in accordance with the requirements above. Vendor further agrees to notify the Agency in writing 30 hmtnediately if Vendor or its subcontractors are not in compliance during the term of this contract. (H) Appendix It to Part 200 (1) — Byrd Anti -Lobbying Act: If this contract is in excess of $100,000, Vendor shall have submitted and filed the required eertification pursuant to the Byrd Anti -Lobbying Amendment (31 U.S.C. § 1353). If at any time during the contract term funding exceeds $100,000.00, Vendor shall file with the Agency the Federal Standard Form LLL titled "Disclosure Form to Report Lobbying," Vendors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated Rinds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, it member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352, Each tier must also disclose any lobbying with non Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient. (I) Appendix II to Part 200 (JZ Procm•emeat oPTdecova:red Materials• (i) Vendor shall comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. 'rhe requirements of Section 600? include procuring only items designated !it guidelines of the Environmental Protection Agency (EPA) at 10 C.RR. part 247 that contain the highest percentage of recovered materials practicable; consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of tiie quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy grid resource recovery; and establishing an affirmative procurement. (ii) in the performance of this contract, the Vendor sliall make maximmn use of products containing recovered materials that are CPA -designated items unless the product cannot be acquire([: Competitively within a thnefrmne providing for compliance with the contract performance schedule: Meeting contract performance requirements; or At a reasonable price. (iii) information about this requirement, along with the list of EPA -designate items, is available at EPA's Comprehensive Procurement Guidelines web site, hops:/ www';epa.govusnvnJconnprehensive-procureintent-,uideline-cpg-prograiin. S. MISCELLANEOUS PROVISIONS (A) The Vendor shall not use the DHS scal(s), logos, crests, or reproductions of flags or likenesses of DI -IS agency officials without specific FFMA,preapproval. (B) 'Phis is an acknowledgement that FEMA financial assistance will be used to fund the contract only. The Vendor will comply with all applicable federal law, regulations, executive orders, FEMA policies, procedures, and directives, (C) Vendor acknowledges that 31 U.S.C. Chapter 38 (Administrative Remedies for False Claims and Statements) applies to the Vendor's actions pertaining to this contract. 31 (D) The Federal Govarurnent is not a party to this contract and is not subject to any obligations or liabilities to the Agency, Vendor, any subcontractors or any other party pertaining to any matter resulting from the contract. (E) (1) General and administrative expenses shall be negotiated and must conform to the Cost Principles. (H) Profit shall be negotiated as a separate element of the cost. To establish a fair and reasonable profit, consideration must be given to the complexity of the work to be performed. the risk borne by the Vendor, the Vendor's investment, the amount of subcontracting, the quality of its record of past performance, and industry profit rates in the surrounding geographical area for similar work. (M) Any agreement, amendment or change order for work performed on a time and materials basis shall include a ceiling price that Vendor exceeds to its own risk. 32