HomeMy WebLinkAboutC-8778-1 - Community Development Block Grant Public Services and PSA (for Mobile Crisis Reponse Team)I
l AMENDMENT NO. THREE TO
COMMUNITY DEVELOPMENT BLOCK GRANT
k i PUBLIC SERVICES AND PROFESSIONAL SERVICES AGREEMENT
v BETWEEN THE CITY OF NEWPORT BEACH AND MIND OC
THIS AMENDMENT NO. THREE TO CDBG PUBLIC SERVICES AND
PROFESSIONAL SERVICES AGREEMENT ("Amendment No. Three") is made and
entered into as of this 22nd day of August, 2023 ("Effective Date"), by and between the
CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"),
and MIND OC, a California nonprofit public benefit corporation ("Subrecipient"), whose
address is 18650 MacArthur Boulevard, Suite 220, Irvine, California 92612, and is made
with reference to the following:
RECITALS
A. On October 1, 2021, City and Subrecipient entered into a CDBG Public Services
and Professional Services Agreement ("Agreement") to assist the City in utilizing
CDBG-CV Funds to serve the residents of Newport Beach ("Project").
B. On June 25, 2022, City and Subrecipient entered into Amendment No. One to the
Agreement ("Amendment No. One") to extend the term of the Agreement to June
30, 2023.
C. On May 23, 2023, City and Subrecipient entered into Amendment No. Two to the
Agreement ("Amendment No. Two") to extend the term of the Agreement to August
31, 2023, to increase the total compensation, and update the Scope of Services.
D. The parties desire to enter into this Amendment No. Three to extend the term of
the Agreement to August 31, 2024, to increase the total compensation, and update
the Scope of Services.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. TERM
Section 1 of the Agreement is amended in its entirety and replaced with the
following: "The term of this Agreement shall commence on the Effective Date, and shall
terminate on August 31, 2024, unless terminated earlier as set forth herein."
2. STATEMENT OF SERVICES
Exhibit "A" Scope of Services of the Agreement shall be amended in its entirety and
replaced with the new Scope of Services, attached hereto as Exhibit "A" and incorporated
herein by reference ("Services").
3. CITY GRANT AND PAYMENT
Recital D of the Agreement is amended in its entirety and replaced with the
following: "City desires to engage the Subrecipient to operate the Program and assist the
City in utilizing CDBG-CV Funds to serve the residents of Newport Beach in the form of
a grant of CDBG-CV Funds in an amount not to exceed Seven Hundred Seventeen
Thousand Seventy -Nine Dollars and 00/100 ($717,079.00) ("City Grant"). At City's
discretion, funding for the Program may be supplemented in an amount not to exceed
One Million Four Hundred Fifty -Two Thousand Eight Hundred Seventy -Six Dollars
and 00/100 ($1,452,876.00) to be paid from the City's general fund ("City Funds"), for a
total amount not to exceed Two Million One Hundred Sixty -Nine Thousand Nine
Hundred Fifty -Five Dollars and 00/100 ($2,169,955.00) to be used by Subrecipient to
assist with those costs incurred in operating the Program commencing October 1, 2021
and ending June 30, 2024 ("Award Year"), permitted by the Act and the Regulations on
such terms and conditions more particularly set forth herein."
4. CITY GRANT AND PAYMENT
Section 4.1 of the agreement is amended in its entirety and replaced with the
following:
"4.1 Upon compliance with the reporting requirements outlined in section 9 below,
City shall reimburse Subrecipient an amount not to exceed Two Million One Hundred
Sixty -Nine Thousand Nine Hundred Fifty -Five Dollars and 00/100 ($2,169,955.00), which
shall constitute full and complete reimbursement for the services provided under this
Agreement."
The total amended compensation reflects Subrecipient's additional compensation
added to the City Funds of the Agreement for additional Services to be performed in
accordance with this Amendment No. Three in an amount not to exceed Nine Hundred
Fifty -Six Thousand Seven Hundred Seventy -Five Dollars and 00/100 ($956,775.00).
5. REPORTING REQUIREMENTS
Section 9.1 of the agreement is amended in its entirety and replaced with the
following:
"9.1 In addition to the monthly reporting requirements set forth in Section E (Data
Collection and Reporting) of Exhibit "A," Subrecipient agrees to provide City with a written
quarterly summary and an unduplicated count of persons and/or families benefitted by
Subrecipient's Program on or before the tenth day of the following months: October
(covering the first quarter), January (covering the second quarter), April (covering the third
quarter), and July (covering the fourth quarter), setting forth its activities for the previous
quarter. The quarterly report shall contain the information set forth in Section 9.2 below.
If Subrecipient fails to do so, City may withhold funds until the required written quarterly
reports are received. The fourth quarterly report submitted by Subrecipient to City on or
before July 10, 2022 may include a narrative summary or other attachments such as
photographs or marketing materials highlighting Subrecipient's accomplishments for the
Award Year."
MIND OC Page 2
6. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in the Agreement shall remain unchanged and shall be in full force and effect.
[SIGNATURES ON NEXT PAGE]
MIND OC Page 3
IN WITNESS WHEREOF, the parties have caused this Amendment No. Three to
be executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEYS OFFICE
Date:
By:
ron C. Harp cttislzrsv�
dity Attorney
CITY OF NEWPORT BEACH,
a California municip corporation
Date:
yor
om
ATTEST: SUBRECIPIENT: MIND OC, a California
Date: 8• �D 94a3 nonprofit public benefit corporation
Date:
Signed in Counterpart
By: By:
Leilani I. Brown Marshall Moncrief
City Clerk Chief Executive Director
b.
,U
Attachments
Date:
0
Signed in Counterpart
Valerie Fryer
Chief Financial Officer
[END OF SIGNATURES]
Exhibit A — Scope of Services
MIND OC Page 4
IPA WITNESS WHEREOF, the parties have caused this Amendment No. Three to
be executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTO INEY'S OFFICE
Date: )�L3
By: 104 �1ror�
ron C. Harp ��►���sn4
City Attorney
ATTEST°
Date:
Leilani I. Brown
City Clerk
Attachments
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
Noah Blom
Mayor
SUBRECIPIENT: M!ND OC, a California
nonprofit public benefit corporation
Date:/ 1
By;
Marshall Moncrief
Chief Executive Director
Date: 1 L-Z
By: )�
ValeneW ryer
Chief Financial Officer
[END OF SIGNATURES]
Exhibit A -- Scope of Services
Page 4
EXHIBIT A
SCOPE OF SERVICES
MIND OC Page A-1
EXHIBIT "A"
Scope of Services
Proposal for Mobile Crisis Response Team — Year 2
A. Focus on Unhoused Population
In response to recent discussions with City leadership and upon reviewing Council
Resolution 2023-41 and Ordinance 2023-11, Be Well OC will focus its efforts on the
unhoused and assist the City with its homeless outreach services with the priority of
achieving street exits.
B. Summary of Key Model Elements and Enhancements:
• The mobile teams will handle non -emergency and emergency calls related to the
unhoused, including mental illness, substance use, and related health conditions.
• Be Well OC will continue to provide daily, proactive outreach and
intervention throughout the City. Be Well will offer services and
shelter, if available, to individuals at every interaction and continue
to maintain a daily log of activities. Be Well will also provide
transportation for emergency medical care, shelter or housing
placements, or other street exit opportunities.
• Be Well will provide specialized response vehicles and transportation for individuals
-requiring mental health or substance use disorder treatment or to exit the streets
by transporting them to appropriate care facilities, such as shelters, substance use
disorder programs, mental health crisis units, health clinics, hospitals, Be Well OC's
wellness campus in Orange and the future Irvine campus, etc.
• Be Well service enhancements include housing navigation services and increased
case management support.
• Be Well and the City will continue refining Newport Beach's data
dashboard and reporting analytics to ensure transparency and continuous quality
improvement.
C. Mental Health and Substance Use Disorder Response Services
Be Well OC will provide the City of Newport Beach with mobile crisis response services.
One van will be staffed with two Crisis Intervention Specialists 12 hours a day, seven days
a week. The Mobile Crisis Response Team currently operates Monday —Thursday, 7 am
to 7 pm & Friday — Sunday, 9 am to 9 pm. City staff and Be Well will periodically review
and adjust or stagger the team's hours, as needed.
Be Well OC's mobile crisis response teams are uniquely positioned and will work
proactively to link members of the Newport Beach community to Be Well OC's wellness
campuses. Services at the Orange wellness campus and future campuses offer various
co -located mental health and substance use treatment services along a full spectrum of
care.
D. Housing Navigation and Case Management
Be Well will provide a part-time case manager to work with clients from when they
initially enroll in services through when they are housed to help support their paths to
permanent housing. Be Well will also provide a part-time housing navigator to help
identify and locate transitional, permanent, and reunification housing options for
people experiencing homelessness. The housing navigator will work closely with City
staff, the City's social services contractor, and shelter staff to help expedite street exits
and help individuals obtain housing. The housing navigator will also work with County
of Orange offices, such as the Orange County Housing Authority, Healthcare Agency,
Social Services, and the Coordinated Entry System team, to ensure enrollment in all
applicable services. The housing navigator will participate in collaborative case
conferencing meetings with staff and regional partners to advance clients' housing
plans and placements into permanent housing.
Further, working in partnership with Housing for Health OC (HHOC), the Be Well case
manager will enroll eligible individuals who are experiencing homelessness into housing
navigation and Enhanced Care Management services provided by CalOptima's CalAIM
program. The HHOC operations team will train the Be Well case manager on best
practices and service delivery related to the services offered. Under this model, the Be
Well case manager will work to identify willing individuals to get consent to connect and
enroll clients experiencing homelessness into the program and collect the necessary
information to assess the client's condition, including behavioral health circumstances.
The Be Well case manager will then refer the client to HHOC, when appropriate. The
client would expect to receive case management services that may include but may not
be limited to the development of a housing plan, mental health, and substance use
treatment referral, entry into HMIS, assessment for the Coordinated Entry System,
document assistance, beneficiary enrollment, and possibility temporary housing
assistance.
For individuals that qualify for the program, homeless services will be reimbursed to the
City through CalOptima's CalAIM program. These services may include but may not be
limited to: Housing Navigation, Housing Deposits, Housing Sustainability and Tenancy,
Day Habilitation, and Enhanced Care Management. Services are authorized for an initial
six-month period and may be eligible for reauthorization after the initial first six
months. HHOC will be reimbursed for these services directly through CalOptima on a
monthly basis.
Be Well staff will also:
• Identify available temporary shelter beds by pursuing options in all available
shelters for Newport Beach clients.
• Enroll individuals in Cal AIM/Cal VET
• Assist with placements in a Be Well facility or temporary housing to relieve
capacity at the Costa Mesa shelter.
• Visit Newport Beach clients at the Costa Mesa Bridge Shelter to
offer mental health and substance use disorder services where
appropriate.
• Report unlawful behavior to the Newport Beach Police Department
• Coordinate 5150 and CARE Court intakes in collaboration with the County of Orange
• Coordinate intervention with releases from hospitals and group homes
within city limits
• Coordinate training with City and Police Dept. staff to educate Be Well
representatives on City ordinances and the City's approach to people
experiencing homelessness.
For each of these roles, the complete duties and responsibilities and performance
metrics for each position will be agreed upon with City staff.
E. Data Collection and Reporting
Be Well is committed to excellent service and continuous quality improvement. Transparency
in data capture, analysis, and sharing is essential to that effort.
Be Well and the City will coordinate and maintain a non -duplicate list of individuals
served (by unique identifier) and a shared database to best serve clients and ensure
clear communication and coordination.
Be Well will work closely with the City to ensure a high -caliber data process, building on
existing systems. The data capture and monthly reporting will include the following:
• Total call volume
• Types of calls including, i.e., dispatched, pro -active or mobile follow-up
• Dispatch utilization
• Average response time
• Location
• Total time on scene
• Reason for service
• Co -response or No co -response (with Police, Fire) and percentages
• Outcomes:
o Number of transports
o Assisted (or Assistance/Shelter Denied)
o Resources/referrals provided
o Refused services/shelter
o Contacted family
o Canceled/UTL/GOA
o Transport destinations (hospital, shelter), Be Well campus, reunification, jail.
o Transported via Be Well or Police or Fire
o Street Exit (yes or no)
• Types of service provided
o Case management
o Ongoing engagement (e.g., CalVET, VOA, PERT, CAT, EMS,
ED, PD, and other full -service partners)
• Number of unique individuals served (also, high utilizers and
those who refuse service)
• ROI — First responder savings in hours
• Number of people served
• Demographics
o Age of individuals
o Housing Status (housed vs. unhoused, and process metrics moving clients
toward housing solutions)
o Last place housed
o Preliminary Mental Health Identification(s)
o Substance Abuse/Addiction Identification
o Physical Impairment/Disability
o Cal Aim/Cal VET/ Voucher
o Connection to Newport Beach
o How got to Newport Beach
o Other applicable demographics as agreed upon by City staff and Be Well OC.
F. Staffing Approach
The proposed staffing model and budget include improvements to staffing capacity and
capabilities supporting enhanced services and case management for Year 2.
Position
R• - • •
Vice President, Mobile
Oversight of Be Well OC Mobile programs within the County of Orange as well
Operations
the overall function of the Mobile Response Teams within the City of Newport
Beach.
Clinical Director, Mobile
Licensed clinician (LCSW, LMFT, or LPCC); or credentialed Mental Health
Crisis Response Teams
Professional (MHP); responsible for general program management, team
coordination, and clinical supervision of crisis intervention specialists and staff.
Director of Data,
Oversight of data and metrics, as well as education, and outreach efforts;
Education & Outreach
responsible forthe formalization and standardization of policy, procedure, and
documentation of the mobile crisis response teams.
Manager, Mobile
Responsible for equipment maintenance, staff coordination and oversight,
Operations
including licensure monitoring, and monitoring van upkeep.
Medical Director
The Medical Director provides oversight and guidance regarding protocols,
practice, and training. The costs for the medical director in the proposed budget
will cover the expanded services of the Mind OC Chief Medical Officer to
function in this critical leadership capacity.
Homeless Services Case
Provide outreach and engagement to people experiencing homelessness
Manager
throughout the City of Newport Beach, create and maintain client profiles in
HMIS, complete provider referrals, provide transportation and warm handoffs
during shelter intakes, collaborate with City staff and leadership to identify
appropriate programs and treatment options. Provide post -housing supports to
clients.
Homeless Services
Navigators will maintain and update client profiles and service history in the County's
Housing Navigator
Homeless Management Information System (HMIS), attend case conferences,
participate in weekly CES case conferences, coordinate all housing, voucher, or disabling
condition paperwork for clients, provide support and meetings with housed clients to
ensure stability, connection to new services, and mental health and substance use
disorder treatment referrals, as needed.
Crisis Intervention
Performs de-escalation, mediation, suicide assessment and intervention,
Specialist
referral, crisis counseling, and determines transportability based on mental
health symptoms.
Data Analyst
Supports data collection, metrics, reporting and analytics.
Executive Assistant
Support Vice President, Director, Supervisor, and other team members as well as
overall program functions and logistics.
EXHIBIT "A"
APPROVED BUDGET
The Subrecipient shall complete all activities in this Agreement in accordance with the following
budget. Any amendments to the budget must be approved in writing by both the City and the
Subrecipient.
Total Cost
General Fund Share
CDBG-CV Share
$2,169,955
$1,452,876
$717,079
City will reimburse funds based upon reporting information submitted by the Subrecipient.
Expenditures must be consistent with this approved budget, as contained in the executed
Agreement between the City and the Subrecipient. Only eligible expenses will be approved for
reimbursements. Costs must be necessary, reasonable, and documented. Documentation must
include support of funds used were to prevent, prepare for, or respond to COVID-19.
Personnel Costs - Personnel Costs shall be supported by appropriate payroll and time attendance
records signed by the employee and approved by the supervisor. Time distribution records must
reflect total work time on a daily basis by program and/or funding source, as applicable.
Non -Personnel Costs - Non -Personnel Costs shall be supported by appropriate procurement in
accordance with 2 CFR § 200.320. For purchases other than supplies or equipment, contracts must
contain the applicable provisions described in Appendix II to Part 200—Contract Provisions for
non -Federal Entity Contracts Under Federal Awards.
No Duplication of Benefits - A duplication of benefits occurs when a person, household, business,
government, or other entity receives financial assistance from multiple sources for the same
purpose, and the total assistance received for that purpose is more than the total need for
assistance. CDBG- CV funds cannot be used to pay for eligible costs that have already been paid
for, or will be paid for, by another Federal program, insurance, or other sources. If this occurs, the
awardee must repay all funds awarded.
Subrecipient must submit reimbursement requests periodically (quarterly) and should follow the
City's reimbursement procedures to ensure timely reimbursements. City staff will review all
reimbursement requests, performance/beneficiary data reports, and supporting documentation for
eligibility, completeness, and accuracy, prior to approving the reimbursement requests for
processing. Only those items included in the approved budget, or through an approved budget
amendment will be eligible for reimbursement.
Any activity that is not directly related to the prevention of, preparation for, or response to COVID-
19 must be billed against the City Funds.
C-' AMENDMENT NO. TWO TO
C- COMMUNITY DEVELOPMENT BLOCK GRANT
co PUBLIC SERVICES AND PROFESSIONAL SERVICES AGREEMENT
' BETWEEN THE CITY OF NEWPORT BEACH AND MIND OC
V
THIS AMENDMENT NO. TWO TO CDBG PUBLIC SERVICES AND
PROFESSIONAL SERVICES AGREEMENT ("Amendment No. Two") is made and
entered into as of this 23rd day of May, 2023 ("Effective Date"), by and between the CITY
OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and
MIND OC, a California nonprofit public benefit corporation ("Subrecipient"), whose
address is 18650 MacArthur Boulevard, Suite 220, Irvine, California 92612, and is made
with reference to the following:
RECITALS
A. On October 1, 2021, City and Subrecipient entered into a CDBG Public Services
and Professional Services Agreement ("Agreement") to assist the City in utilizing
CDBG-CV Funds to serve the residents of Newport Beach ("Project").
B. On June 25, 2022, City and Subrecipient entered into Amendment No. One to the
Agreement ("Amendment No. One") to extend the term of the Agreement to June
30, 2023.
C. The parties desire to enter into this Amendment No. Two to extend the term of the
Agreement to August 31, 2023, to increase the total compensation, and update the
Scope of Services.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
TERM
Section 1 of the Agreement is amended in its entirety and replaced with the
following: "The term of this Agreement shall commence on the Effective Date, and shall
terminate on August 31, 2023, unless terminated earlier as set forth herein."
2. STATEMENT OF SERVICES
Exhibit A to the Agreement shall be amended in its entirety and replaced with the
Scope of Services, attached hereto as Exhibit A and incorporated herein by reference
("Services").
3. CITY GRANT AND PAYMENT
Recital D of the Agreement is amended in its entirety and replaced with the
following: "City desires to engage the Subrecipient to operate the Program and assist the
City in utilizing CDBG-CV Funds to serve the residents of Newport Beach in the form of
a grant of CDBG-CV Funds in an amount not to exceed Seven Hundred Seventeen
Thousand Seventy -Nine Dollars and 00/100 ($717,079.00) ("City Grant"). At City's
discretion, funding for the Program may be supplemented in an amount not to exceed
MIND OC Page 1
Four Hundred Ninety Six Thousand One Hundred One Dollars and 00/100
($496,101.00) to be paid from the City's general fund ("City Funds"), for a total amount
not to exceed One Million Two Hundred Thirteen Thousand One Hundred Eighty
Dollars and 00/100 ($1,213,180.00) to be used by Subrecipient to assist with those costs
incurred in operating the Program commencing October 1, 2021 and ending June 30,
2024 ("Award Year"), permitted by the Act and the Regulations on such terms and
conditions more particularly set forth herein."
4. CITY GRANT AND PAYMENT
Section 4.1 of the agreement is amended in its entirety and replaced with the
following:
"4.1 Upon compliance with the reporting requirements outlined in section 9 below,
City shall reimburse Subrecipient an amount not to exceed One Million Two Hundred
Thirteen Thousand One Hundred Eighty Dollars and 00/100 ($1,213,180.00), which shall
constitute full and complete reimbursement for the services provided under this
Agreement."
The total amended compensation reflects Subrecipient's additional compensation
added to the City Funds of the Agreement for additional Services to be performed in
accordance with this Amendment No. Two in an amount not to exceed One Hundred
Twenty Thousand Dollars and 00/100 ($120,000.00).
5. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in the Agreement shall remain unchanged and shall be in full force and effect.
[SIGNATURES ON NEXT PAGE]
MIND OC Page 2
IN WITNESS WHEREOF, the parties have caused this Amendment No. Two to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY AT ORNEY'S OFFICE
Date:
By:
Aaron . Harp ro•zl _ z3 wc,
City At rney
ATTEST: Date: I V Z9
By: 44, 44m'�
Leilani I. Brown
City Clerk
Attachments
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: 6 12.11 a 2-3
BygvyManager
. Leung
SUBRECIPIENT: MIND OC, a California
nonprofit public benefit corporation
Date:
Signed in Counterpart
Bv:
Marshall Moncrief
Chief Executive Director
Date:
Signed in Counterpart
Bv:
Valerie Fryer
Chief Financial Officer
[END OF SIGNATURES]
Exhibit A — Scope of Services
MIND OC Page 3
IN WITNESS WHEREOF, the parties have caused this Amendment No. Two to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:--"
By:
Aaron G. Harp
City Attorney
ATTEST:
Date:
Bv.
Leilani I. Brown
City Clerk
Attachments
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Grace K. Leung
City Manager
SUBRECIPIENT: MIND OC, a California
nonprofit public benefit corporation
Date:
01
r
By. 1�_/z
Marshall Moncrief
Chief Executive Director
Date: :2
By:
Valerie
Chief Financial Officer
[END OF SIGNATURES]
Exhibit A — Scope of Services
MIND OC Page 3
EXHIBIT A
SCOPE OF SERVICES
MIND OC Page A-1
EXHIBIT "A"
SCOPE OF SERVICES
A. Scope of Work
As a condition of receiving this subaward, the Subrecipient shall administer the Be Well OC
Mobile Response Program, which includes performing all of the work described in this
section. The Subrecipient shall complete the activities in a manner satisfactory to the City and
consistent with the terms of conditions of this Agreement and applicable Federal statutes and
regulations.
Be Well OC will help address the increase in behavioral and mental health crises exacerbated
by COVID-19. The Be Well Newport Beach team, consisting of two staff — a mental health
crisis counselor and a medic trained as an EMT or nurse, (mobile) responding to calls for
services in Newport Beach twelve (12) hours per day, seven (7) days per week, will be prepared
to help with a variety of non -emergency and non -medical situations, which may include:
• Mental health / behavioral crisis
• Suicidal ideation
• Public assistance including lack of basic needs (food, shelter, water, clothing), failure to
conduct basic self -hygiene
• Non -domestic violence family issues / disputes
• Drug & alcohol abuse / addiction
• Welfare checks
• Death notifications
• Engage homeless individuals and families living on the street
• Prevent families and inn i`vikluafi om becoming homeless
• Provide Covid-19 testing, diagnosis or other services
• Increase the capacity of targeted health services for infectious disease response within
existing health facilities
• Deliver meals on wheels to quarantined individuals or individuals that need to maintain
social distancing due to medical vulnerabilities
• Reach out to unsheltered homeless people; connect them with emergency shelter, housing,
or critical services; and provide urgent, non -facility -based care to unsheltered homeless
people who are unwilling or unable to access emergency shelter, housing, or an appropriate
health facility.
• Provide hand sanitizer, soap, tissue packets, masks, disposable gloves, and other personal
protective equipment
• Coordinating other support services
• Provide transportation to program participants to and from service providers, etc.
• Relieve Police and Fire Department personnel on appropriate calls for service
Be Well OC Mobile Response Program will assist approximately 500 eligible Newport Beach
residence.
B. CDBGCV Eligibility
HUD Matrix Code: 050 Mental Health Service
Eligibility Citation:
National Objective:
C. National Objective
570.201(e)
Low Mod Clientele 570.208(a)(2)(i)
The CDBG-CV or City Grant funded portion of this Program must benefit low- and moderate -
income persons. The Subrecipient certifies that the activities carried out under this Agreement, to
qualify for reimbursement under CDBG-CV, shall meet the following:
• Aid in the prevention, preparation, or response to COVID-19;
• Principally benefit persons of low- and moderate -income (households earning less than
80% of Orange County's median income); and
• Benefit residents of Newport Beach.
Subrecipient will document that the activities carried out under this Agreement will meet HUD's
Limited Clientele National Objective based upon obtaining the household income of all persons
receiving services funded by this Agreement.
For limited clientele, 51 % of the beneficiaries have to be low or moderate income. Public service
activities must be offered to a particular group of low- and moderate -income residents in the entire
community. In order to document that the activities carried out under this Agreement meet the
-requirement, Subrecipient will -he _responsible fon obtaining the lwusehold-income of all persons
receiving services funded by this Agreement. Subrecipient will collect income data and
demographic data for each recipient in the program as either Client Based or Presumed Benefit.
Activities that exclusively serve a group of persons in any one or a combination of the following
HUD approved categories may be presumed to benefit 51 % of the persons who are low to moderate
income. Since these groups are presumed to be low and moderate income, individual income
verification is not required although other client statistics will be required. HUD Presumed Benefit
categories include:
Elderly persons (62 years and older) Migrant farm workers
Battered spouses Severely disabled adults
Homeless persons Persons living with HIV/AIDS
Abused children Illiterate persons
D. Retention of Financial Records
The Subrecipient shall maintain during the term of this Agreement and for a period of five (5)
years after the expiration of the Agreement complete and adequate financial records and accounts
as considered necessary by the City to assure proper accounting for all Program funds and to
support all Program expenditures. These records and accounts shall include, but not be limited to,
the following: 1) a double -entry general ledger that supports the costs charged to the Program and
funded by the City Grant; 2) records documenting procurement of goods and services; 3) contracts
for goods or services; 4) lease or rental agreements; 5) invoices; 6) billing statements; 7) cancelled
checks; 8) timecards signed by employees and supervisors; 9) personnel authorization records; 10)
payroll registers; 11) payroll tax records; 12) bank statements; 13) bank reconciliations; and 14)
documentation to support the allocation of costs.
EXHIBIT "A"
APPROVED BUDGET
The Subrecipient shall complete all activities in this Agreement in accordance with the following
budget. Any amendments to the budget must be approved in writing by both the City and the
Subrecipient.
Total Cost
General Fund Share
CDBG-CV Share
$1,213,180
$496,101
$717,079
City will reimburse funds based upon reporting information submitted by the Subrecipient.
Expenditures must be consistent with this approved budget, as contained in the executed
Agreement between the City and the Subrecipient. Only eligible expenses will be approved for
reimbursements. Costs must be necessary, reasonable, and documented. Documentation must
include support of funds used were to prevent, prepare for, or respond to COVID-19.
Personnel Costs - Personnel Costs shall be supported by appropriate payroll and time attendance
records signed by the employee and approved by the supervisor. Time distribution records must
reflect total work time on a daily basis by program and/or funding source, as applicable.
Non -Personnel Costs - Non -Personnel Costs shall be supported by appropriate procurement in
accordance with 2 CFR § 200.320. For purchases other than supplies or equipment, contracts must
contain the applicable provisions described in Appendix II to Part 200—Contract Provisions for
non -Federal Entity Contracts Under Federal Awards.
No Duplication of Benefits - A duplication of benefits occurs when a person, household, business,
_government or other entitvreceives financial assistance from_ multiple sources for the same
purpose, and the total assistance received for that purpose is more than the total need for
assistance. CDBG- CV funds cannot be used to pay for eligible costs that have already been paid
for, or will be paid for, by another Federal program, insurance, or other sources. If this occurs, the
awardee must repay all funds awarded.
Subrecipient must submit reimbursement requests periodically (quarterly) and should follow the
City's reimbursement procedures to ensure timely reimbursements. City staff will review all
reimbursement requests, performance/beneficiary data reports, and supporting documentation for
eligibility, completeness, and accuracy, prior to approving the reimbursement requests for
processing. Only those items included in the approved budget, or through an approved budget
amendment will be eligible for reimbursement.
Any activity that is not directly related to the prevention of, preparation for, or response to COVID-
19 must be billed against the City Funds.
k w
\
)
�
J
R
2
)
/
/
-\--
/
ƒ
»
/
.
(N
2 §
i
$
«10
.\
CL
R
3
a
J
1
(—' AMENDMENT NO. ONE TO
C" COMMUNITY DEVELOPMENT BLOCK GRANT
coo PUBLIC SERVICES AND PROFESSIONAL SERVICES AGREEMENT
v BETWEEN THE CITY OF NEWPORT BEACH AND MIND OC
THIS AMENDMENT NO. ONE TO CDBG PUBLIC SERVICES AND
PROFESSIONAL SERVICES AGREEMENT ("Amendment No. One") is made and
entered into as of this 16th day of June, 2022 ("Effective Date"), by and between the CITY
OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and
MIND OC, a California nonprofit public benefit corporation ("Subrecipient"), whose
address is 18650 MacArthur Boulevard, Suite 220, Irvine, California 92612, and is made
with reference to the following:
RECITALS
A. On October 1, 2021, City and Subrecipient entered into a CDBG Public Services
and Professional Services Agreement ("Agreement") to assist the City in utilizing
CDBG-CV Funds to serve the residents of Newport Beach ("Project").
B. The parties desire to enter into this Amendment No. One to extend the term of the
Agreement to June 30, 2023.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. TERM
Section 1 of the Agreement is amended in its entirety and replaced with the
following: "The term of this Agreement shall commence on the Effective Date, and shall
terminate on June 30, 2023, unless terminated earlier as set forth herein."
2. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in the Agreement shall remain unchanged and shall be in full force and effect.
[SIGNATURES ON NEXT PAGE]
IN WITNESS WHEREOF, the parties have caused this Amendment No. [1 ] to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: a'
By:
4�&—Aaron . Harp
City A orney
ATTEST: � � ���
Date:_
By: ovft�' fm"
Leilani I. Brown
City Clerk
' oR
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: 1,111.2-122-
01
City Manager
SUBRECIPIENT: [MIND OC, a California
nonprofit public benefit corporation
Date:
Marshall Moncrief
Chief Executive Director
Date:
By:
Val ryer
Chief Financial Officer
[END OF SIGNATURES]
MIND OC Page 2
COMMUNITY DEVELOPMENT BLOCK GRANT
PUBLIC SERVICES AND PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF NEWPORT BEACH AND MIND OC
THIS COMMUNITY DEVELOPMENT BLOCK GRANT PUBLIC SERVICES AND
PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and entered into as
of this 1st day of October, 2021 ("Effective Date") by and between the CITY OF
NEWPORT BEACH, a California municipal corporation and charter city ("City"), and MIND
OC, a California nonprofit public benefit corporation ("Subrecipient"), whose address is
18650 MacArthur Boulevard, Suite 220, Irvine, CA 92612 and is made with reference to
the following:
RECITALS
A. City participates in the Community Development Block Grant ("CDBG") program,
Catalog of Federal Domestic Assistance number 14.218, administered by the
United States Department of Housing and Urban Development ("HUD"), under
Title I of the Housing and Community Development Act of 1974 (42 USC § 5301,
et seq.), as amended from time to time (the "Act"), and the regulations promulgated
thereunder (24 CFR § 570, et seq.) ("Regulations"). Pursuant to the CDBG
program and under the 2020 federal stimulus plan Coronavirus Aid, Relief, and
Economic Security Act ("CARES Act") the City receives funds from HUD ("CDBG-
CV Funds") and may use the allocation of CDBG-CV Funds for public service
activities to prevent, prepare for, and respond to COVID-19.
B. All activities funded with CDBG-CV Funds must meet one of the CDBG program's
national objectives to: (1) benefit low- and moderate -income persons; (2) aid in the
prevention or elimination of slums or blight; or (3) meet community development
needs having a particular urgency as defined in 24 CFR § 570.208. Activities must
further address the global pandemic by assisting the City to prevent, prepare for,
or respond to the impacts of COVID-19.
C. Subrecipient is a nonprofit organization that has applied to City for CDBG-CV
Funds to aid in the cost of Subrecipient's operation of its Mobile Crisis Response
Team ("Program"), which meets one or more of the CDBG national objectives.
D. City desires to engage the Subrecipient to operate the Program and assist the City
in utilizing CDBG-CV Funds to serve the residents of Newport Beach in the form
of a grant of CDBG-CV Funds in an amount not to exceed Seven Hundred
Seventeen Thousand Seventy -Nine Dollars and 00/100 ($717,079.00) ("City
Grant"). At City's discretion, funding for the Program may be supplemented in an
amount not to exceed Three Hundred Seventy Six Thousand One Hundred
One Dollars and no/100 ($376,101.00) to be paid from the City's general fund
("City Funds"), for a total amount not to exceed One Million Ninety Three
Thousand One Hundred Eighty Dollars and 00/100 ($1,093,180.00) to be used
by Subrecipient to assist with those costs incurred in operating the Program
commencing October 1, 2021 and ending June 30, 2022 ("Award Year"), permitted
by the Act and the Regulations on such terms and conditions more particularly set
forth herein.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. TERM
1.1 Term, The term of this Agreement shall commence on the Effective Date,
and shall terminate on June 30, 2022, unless terminated earlier as set forth herein.
1.2 Option to Extend. City shall have the right to exercise two (2) additional
one-year consecutive term extensions. Should City wish to exercise Its option to extend,
City shall notify Consultant in writing of such extension no less than 10 calendar days of
the Award Year term end date.
1.3 Obligations that Survive Term. Notwithstanding the expiration or earlier
termination of this Agreement, Subrecipient's obligations to City shall not terminate until
all closeout requirements are completed. In addition, the following obligations of
Subrecipient shall survive the expiration or earlier termination of this Agreement: (a)
Subrecipient's indemnity obligations; (b) the obligation to cause audits to be performed
relating to Subrecipient's activities and costs under this Agreement; (c) the obligation to
repay to City any City Grant proceeds improperly disbursed to Subrecipient or used for
ineligible expenditures or otherwise required to be repaid under this Agreement; and (d)
any other obligations which cannot by their nature be performed until after the expiration
or earlier termination of the Agreement, such as the submittal of payment request and
reports for the last quarter of the term of this Agreement. No expiration or termination
under this Agreement shall release either party then in default from liability for such
default. Ali terms of this Agreement shall survive as necessary for the purpose of enabling
either party to enforce its provisions or pursue an action with respect to a default of this
Ag reement.
2. SERVICES TO BE PERFORMED
2.1 Statement of Services. Subrecipient shall utilize the City Grant and City
Funds to provide services to eligible persons as further described in the Scope of
Services, attached hereto as Exhibit "A" and incorporated herein by reference
("Services"). Subrecipient agrees that the Services contains an accurate estimate of the
persons to be assisted during the Award Year.
2.2 Schedule for Completion. Subrecipient shall provide Services under this
Agreement for the Award Year.
2.3 Budget. Subrecipient shall perform the Services as setforth in the Program
Description in conformance with the proposed budget included in the Program Description
("Program Budget").
Subrecipient represents that the Proposed Program Budget for the Program or Services
provided herein, includes allowable costs and an accurate analysis of costs acceptable
under the CDBG-CV Funds pursuant to the Regulations (24 CFR § 570.502(a)), which
include requirements for compliance with 2 CFR Sections 200, et seq., "Uniform
Administrative Requirements, Cost Principles, and Audit Requirements for Federal
MIND OC Page 2
Awards" as specified. These items shall be in sufficient detail to provide a sound basis
for City to effectively monitor performance under the Agreement.
3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services under this Agreement
and Subrecipient shall perform the Services in accordance with the schedule included in
Exhibit "A". In the absence of a specific schedule, the Services shall be performed to
completion in a diligent and timely manner. The failure by Subrecipient to strictly adhere
to the schedule set forth in Exhibit "A," if any, or to perform the Services in a diligent and
timely manner may result in termination of this Agreement by City.
3.2 For all time periods not specifically set forth herein, Subrecipient shall
respond in the most expedient and appropriate manner under the circumstances, by fax,
e-mail, hand -delivery or mail.
4. CITY GRANT AND PAYMENT
4.1 Upon compliance with the reporting requirements outlined in Section 9
below, City shall reimburse Subrecipient an amount not to exceed One Million Ninety
Three Thousand One Hundred Eighty Dollars and 001100 [$1,093,180.00], which shall
constitute full and complete reimbursement for the Services provided under this
Agreement for the entire Award Year.
4.2 The parties understand and agree that such reimbursement shall be
conditioned upon City's receipt of the City Grant from HUD as outlined above, and shall
not be payable out of any other funds of City, except such City Funds as explicitly set
forth above. Payment shall be made in quarterly installments upon approval by City of
the quarterly reports as required by Section 9 below. City shall pay such installment
payments within thirty (30) days after receipt of the quarterly reports, provided City is
satisfied that such expenses were incurred within the scope of this Agreement and that
Subrecipient is in compliance with the terms and conditions of this Agreement.
4.3 In the event Subrecipient is in default under the terms of this Agreement,
City shall have no obligation to continue reimbursing Subrecipient for any Services
performed after the date of default.
4.4 City reserves the right to withhold the City Grant and City Funds until
Subrecipient complies with City's insurance requirements as set forth in Section 15.
4.5 City may withhold payment to Subrecipient of any disputed sums until
satisfaction of the dispute with respect to such payment. Such withholding shall not be
deemed to constitute a failure to pay according to the terms of this Agreement.
Subrecipient shall not discontinue Services as a result of such withholding. Subrecipient
shall have an immediate right to appeal to the City Manager or designee with respect to
such disputed sums.
MIND OC Page 3
5. COMPLIANCE WITH LAWS
5.1 Subrecipient agrees to comply with all applicable federal, state, City and
local laws, regulations and policies governing the City Grant in the performance of this
Agreement, including the following:
5.1.1 The regulations, policies, guidelines and requirements of Title 24
of the Code of Federal Relations ("CFR") Part 570 (the U.S.
Housing and Urban Development regulations concerning
Community Development Block Grants), including Subpart K and
all amendments or successor regulations or guidelines thereto;
except that (1) Subrecipient does not assume City's environmental
responsibilities described in 24 CFR § 570.604; and (2)
Subrecipient does not assume City's responsibility for initiating the
review process under the provisions of 24 CFR Part 52.
5.1.2 City's CDBG Program Guidelines.
5.1.3 Title 2 of the CFR Part 200 as related to the acceptance and use
of federal funds under the federally -assisted program and
administrative requirements.
5.1.4 Executive Order 11246 (as amended by Executive Orders 11375
and 12086 (1978) and Executive Orders 13665 and 13672 (2014)}
and implementing regulations at Title 41 of the CFR Chapter 60,
which require that during the performance of this Agreement,
Subrecipient shall not discriminate against any employee or
applicant for employment because of race, religion, sex, color or
national origin. Subrecipient shall consider all applicants without
regard to their race, religion, sex, or national origin with respect to
the following without limitation: employment, upgrading, demotion,
or transfer: recruitment or recruitment advertising; layoff or
termination; 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
employment applicants, notices setting forth the provisions of this
nondiscrimination clause.
5.1.5 In its solicitations or advertisements for employees, Subrecipient
shall state that all qualified applicants will receive consideration for
employment without regard to race, color, religion, sex or national
origin.
5.1.6 The restrictions against discrimination as required by Executive
Order 11063, as amended by Executive Order 12259 and
implementing regulations at 24 CFR Part 107.
5.1.7 Title VI of the Civil Rights Act of 1964, and Section 109 of the
Housing and Community Development Act of 1974, which provides
that no person shall, on the grounds of race, color, national origin
MIND OC Page 4
or sex, be excluded from participation in, be denied the benefits of,
or be subjected to discrimination under any program or activity
receiving Federal financial assistance.
5.1.8 Section 504 of the Rehabilitation Act of 1973 (29 USC § 701 et
seq.), as amended, and implementing regulations.
5.1.9 The Age Discrimination Act of 1975 (42 USC § 6101 et seq.), as
amended, and implementing regulations.
5.1.10 Section 3 of the Housing and Urban Development Act of 1968, as
amended (12 USC § 1701 et seq.) which requires that to the
greatest extent feasible, opportunities for training and employment
be given to lower income residents of the Program area and
contracts for work in connection with the Program be awarded to
business concerns that are located in, or owned in substantial part
by, persons residing in the Program area.
5.1.11 The relocation requirements of Title II and the acquisition
requirements of Title III of the Uniform Relocation Assistance and
Real Property Acquisition Act of 1970, as amended (24 CFR Part
42).
5.1.12 The restrictions prohibiting use of CDBG Funds for religious
activities as set forth in 24 GFR Section 570.2000).
5.1.13 The labor standard requirements as set forth in 24 CFR Part 570,
Subpart K and HUD regulations issued to implement Said
requirements.
5.1.14 The program income requirements as set forth in 24 CFR Section
570. 504. Additionally, City requires remittance of all Program
income balances held by Subrecipient, with the exception of those
needed for immediate cash needs, cash balances of a revolving
loan fund, cash balances from a lump sum drawdown, or cash or
investments held for Section 108 security needs.
5.1.15 Title VII of the Civil Rights Act of 1968 (42 USC Chapter 21) as
amended.
5.1.16 The lead-based paint requirements of 24 CFR Part 35 issued
pursuant to the Lead -Based Paint Poisoning Prevention Act (42
USC § 4801 et seq.)
5.1.17 Executive Order 11988 and 11738 relating to the evaluation of
flood hazards and the prevention, control and abatement of water
pollution.
5.1.18 The flood insurance purchase requirement of Section 102(a) of the
Flood Disaster Protection Act of 1978.
MIND OC Page 5
5.1.19 2 CFR Section 200.312 as it pertains to maintaining a property
inventory system to numerically identify HUD purchased property
and document its acquisition date.
5.1.20 Public Law No: 116-136 (0312712020), Coronavirus Aid, Relief, and
Economic Security Act or the CARES Act.
5.2 Subrecipient understands that every person who requests or receives a
federal contract, grant, loan or cooperative agreement from a federal agency or receives
or requests from a federal agency a commitment that would provide for the United States
to insure or guarantee a loan must file with that agency a written declaration and certify
that he or she has not made and will not make any prohibited expenditure. Further, any
person who requires or receives from a person referred to above, a subcontract under a
federal contract, a subgrant or contract under a federal grant, a contract or subcontract
to carry out any purpose for which a particular federal loan is made, or contract under a
federal cooperative agreement, is required to file a written declaration with the person
who received the federal contract, grant, loan or commitment to insure or guarantee a
loan. Based upon the foregoing, Subrecipient shall provide a written declaration and/or
certification, if required, as provided herein.
6. PROGRAM MANAGER
Subrecipient shall designate a Program Manager, who shall be available to City at
all reasonable times during the Agreement term. Subrecipient has designated Marshall
Moncrief to be its Program Manager. Subrecipient shall not remove or reassign the
Program Manager without prior written approval from City.
7. CITY ADMINISTRATION
This Agreement shall be administered by the Community Development
Department. The Community Development Director or designee, shall be the City
Administrator and shall have the authority to act for City under this Agreement. The City
Administrator or designee shall represent City in all matters pertaining to this Agreement.
8. FINANCIAL RECORDS
8.1 General. Subrecipient shall keep records and invoices in connection with
the Services to be performed under this Agreement. Subrecipient shall maintain complete
and accurate records with respect to the costs incurred under this Agreement and any
Services, expenditures and disbursements charged to City, for a minimum period of five
(5) years, or for any longer period required by law, from the date of final payment to
Subrecipient under this Agreement. All such records and invoices shall be clearly
identifiable. Subrecipient shall allow a representative of City to examine, audit and make
transcripts or copies of such records and invoices during regular business hours.
Subrecipient shall allow inspection of all Program facilities and program operations, data,
Documents (as that term is defined in Section 18 of this Agreement), proceedings and
activities related to the Agreement for a period of five (5) years from the date of final
payment to Subrecipient under this Agreement.
MIND OC Page 6
8.2 Financial Records. Subrecipient shall keep records of City Grant and City
Funds received from City under the terms and conditions of this Agreement and of all
costs and expenses related to the Program in accordance with the provisions contained
in 2 CFR Part 200 with its subparts and appendices.
8.2.1 All City Funds received by Subrecipient from City pursuant to this
Agreement shall be maintained separate and apart from any other
funds of Subrecipient or of any principal or member of Subrecipient in
an account in a banking or savings and loan institution.
8.2.2 No costs shall be invoiced or billed except for expenditures authorized
in the Program Description.
8.2.3 The itemized costs shall include sufficient detail to provide a sound
basis for City to effectively monitor costs under the Agreement.
Subrecipient also agrees to use the Payment Requests/Invoice
Forms as provided by City.
8.3 Access to Records. City and HUD and/or their representatives shall have
full and free access to, and the right to examine, inspect, copy and audit, all books and
records of Subrecipient pertaining to this Agreement at all times during normal business
hours.
8.4 Audits.
8.4.1 The City or its authorized representatives shall, at all times during the
term of this Agreement and for a period of five (5) years thereafter,
have access, for the purpose of audit or inspection, to any and all
books, documents, papers, records, property, and premises of the
Subrecipient. The Subrecipient's staff shall cooperate fully with
authorized auditors when they conduct audits and examinations of the
Subrecipient's performance under this Agreement. A financial audit
of the Subrecipient's performance under this Agreement shall be
conducted at City's discretion. If indications of misappropriation or
misapplication of the City Grant cause the City to require a special
audit, the cost of the audit will be encumbered and deducted from this
Agreement's Program Budget. Should the special audit confirm
misappropriation or misapplication of the City Grant, the Subrecipient
shall reimburse the City within thirty (30) calendar days for the amount
determined by the special audit as misappropriated and/or
miscalculated, the cost for performance of the special audit, City staff
time and any penalties imposed by HUD,
8.4.2 The Subrecipient acknowledges that audits may also be conducted
by Federal, State or local funding source agencies and shall comply
with the audit requirements of such agencies, including but not limited
to OMB Circular A-133. The Subrecipient shall perform all audits of
its books and records required by CDBG requirements or City or HUD
and a copy of such audits shall be forwarded to the City within thirty
MIND OC Page 7
(36) days after completion. Subrecipient shall be subject to all audit
and review requirements imposed on City in connection with this
Agreement and shall, at its sole cost and expense, cause such audits
and reviews to be timely performed.
8.5 Financial Closeout Period. The Subrecipient agrees to complete all
necessary financial closeout procedures required by the City Administrator or designee,
within a period of not more than fifteen (15) calendar days from the expiration or
termination date of this Agreement ("Financial Closeout Period"). Activities during this
period shall include, but are not limited to: making final payments, disposing of program
assets (including the return of all unused materials, equipment, unspent cash advances,
Program balances and accounts receivable to the City), and determining the
custodianship of records. The City is not liable to provide reimbursement for any
expenses or costs associated with this Agreement after the expiration of the Financial
Closeout Period. After the expiration of the Financial Closeout Period, those funds not
paid to the Subrecipient under this Agreement, if any, may be immediately reprogrammed
by City into other eligible activities in the City. The City Administrator or designee, may
request a final financial audit for activities performed under this Agreement at the
expiration of the Financial Closeout Period.
9. REPORTING REQUIREMENTS
9.1 Subrecipient agrees to provide City with a written quarterly summary and
an unduplicated count of persons and/or families benefitted by Subrecipient's Program
on or before the tenth day of the following months: October (covering the first quarter),
January (covering the second quarter), April (covering the third quarter), and July
(covering the fourth quarter), setting forth its activities for the previous quarter. The
quarterly report shall contain the information set forth in Section 9.2 below. If Subrecipient
fails to do so, City may withhold funds until the required written quarterly reports are
received. The fourth quarterly report submitted by Subrecipient to City on or before July
16, 2622 may include a narrative summary or other attachments such as photographs or
marketing materials highlighting Subrecipient's accomplishments for the Award Year.
9.2 Said quarterly summary shall include the following:
9.2.1 Documentation of the income level of persons and/or families
participating in or benefitted by Subrecipient's Program;
9.2.2 Ethnicity, race and head of household data, consistent with 24 CFR §
576.546(g)(2);
9.2.3 Any additional information such as new pamphlets, copies of
newspaper articles, or brief reports on any special accomplishments
achieved by the Program during the Award Year; and
9.2.4 Any other data as may be requested by City, of each person assisted
and the result of such assistance.
9.2.5 Reimbursement Requests. Subrecipient shall submit to the City a
request for payment of City Grant and City Funds proceeds to
MIND OC Page 8
reimburse Subrecipient for eligible Services incurred by Subrecipient
for the previous quarter or partial quarter included in the Award Year.
The payment request shall include the total amount requested and
itemized statements and invoices, with such supporting information
as City may reasonably require, documenting that the costs for which
Subrecipient seeks payment are solely for eligible Program or
Services expenses incurred during the previous quarter and verifying
that the expenditures were made and incurred by Subrecipient. The
supporting information required by City may include without limitation,
receipts, canceled checks, time records, billing statements, bank
statements, evidence of procurement, and contracts. The payment
request shall itemize the eligible Program or Services expenses by
listing each budget line item category from the Program Budget and
including the following information for each category: (a) a description
and the amount of each eligible Program expense included within that
category for which reimbursement is sought; (b) the total amount
budgeted in the Project Budget to the budget line item category; and
{c} the total amount reimbursed to Subrecipient for the budget line
item category to date. Incomplete or inaccurate payment requests
may be partially or fully denied at the sole discretion of the City
Administrator.
9.3 Monitoring. City shall monitor and evaluate Subrecipient's performance
under this Agreement to determine compliance with this Agreement and CDBG
requirements. During the term of this Agreement and for a period of five (5) years
thereafter, Subrecipient shall cooperate with City and shall make available to City all
information, documents, and records reasonably requested by City. Copies of these
items will also be made available to the City upon their request. Subrecipient shall provide
City the reasonable right of access during normal business hours for the purpose of
assuring compliance with this Agreement and evaluating Subrecipient's performance
hereunder. Such monitoring may include interviewing Subrecipient staff and Program
participants, as required by the City.
10. STANDARD OF CARE
10.1 All of the Services shall be performed by Subrecipient or under
Subrecipient's supervision. Subrecipient represents that it possesses the professional
and technical personnel required to perform the Services required by this Agreement, and
that it will perform all Services in a manner commensurate with community professional
standards and with the ordinary degree of skill and care that would be used by other
reasonably competent practitioners of the same discipline under similar circumstances.
10.2 All Services shall be performed by qualified and experienced personnel who
are not employed by City. Subrecipient certifies that the Services conform to the
requirements of this Agreement and all applicable federal, state and local laws.
10.3 Subrecipient represents and warrants to City that it has, shall obtain, and
shall keep in full force and effect during the term hereof, at its sole cost and expense, all
licenses, permits, qualifications, insurance and approvals of whatsoever nature that is
MIND OC Page 9
legally required of Subrecipient to practice its profession. Subrecipient shall maintain a
City of Newport Beach business license during the term of this Agreement.
10.4 Subrecipient shall not be responsible for delay, nor shall Subrecipient be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, acts of God, or the failure of City to furnish timely information or to
approve or disapprove Subrecipient's Services promptly, or delay or faulty performance
by City, contractors, or governmental agencies.
11. HOLD HARMLESS
11.1 To the fullest extent permitted by law, Subrecipient shall indemnify, defend
and hold harmless City, its elected or appointed officers, agents, officials, employees, and
volunteers and any other person or entity owning or otherwise in legal control of the
property upon which Subrecipient performs the Services contemplated by this Agreement
(collectively, the "Indemnified Parties") from and against any and all claims (including,
without limitation, claims for bodily injury, death or damage to property), demands,
obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties,
liabilities, costs and expenses (including, without limitation, attorney's fees,
disbursements and court costs) of every kind and nature whatsoever (individually, a
Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or
indirectly) to this Agreement, the performance of Services provided under this Agreement
including, without limitation, Subrecipient's presence or activities conducted for the
Program (including the negligent and/or willful acts, errors and/or omissions of
Subrecipient, its Board, principals, officers, agents, employees, vendors, suppliers,
consultants, subcontractors, anyone employed directly or indirectly by any of them or for
whose acts they may be liable or any or all of them).
11.2 Notwithstanding the foregoing, nothing herein shall be construed to require
Subrecipient to indemnify the Indemnified Parties from any Claim arising from the sole
negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall
be construed as authorizing any award of attorney's fees in any action on or to enforce
the terms of this Agreement. This indemnity shall apply to all claims and liability
regardless of whether any insurance policies are applicable. The policy limits do not act
as a limitation upon the amount of indemnification to be provided by Subrecipient.
12. INDEPENDENT CONTRACTOR
City retains Subrecipient on an independent contractor basis and Subrecipient is
not an agent or employee of City. The manner and means of conducting the Services
are under the control of Subrecipient, except to the extent they are limited by statute, rule
or regulation and the express terms of this Agreement. No civil service status or other
right of employment shall accrue to Subrecipient or its employees or agents. Nothing in
this Agreement shall be deemed to constitute approval for Subrecipient or any of
Subrecipient's employees or agents, to be the agents or employees of City. Subrecipient
shall have the responsibility for and control over the means of performing the Services,
provided that Subrecipient is in compliance with the terms of this Agreement. City
acknowledges that it has no interest in the business of Subrecipient.
MIND OC page 10
13. COOPERATION
Subrecipient agrees to work closely and cooperate fully with City Administrator and
any other agencies that may have jurisdiction or interest in the Services to be performed.
14. PROGRESS
Subrecipient is responsible for keeping the City Administrator and/or designee
informed on a regular basis regarding the status and progress of the Program, activities
performed and planned, and any meetings that have been scheduled or are desired.
15. INSURANCE
Without limiting Subrecipient's indemnification of City, and prior to distribution of
City Grant by City, Subrecipient shall obtain, provide and maintain at its own expense
during the term of this Agreement or for other periods as specified in this Agreement,
policies of insurance of the type, amounts, terms and conditions described in the
Insurance Requirements attached hereto as Exhibit "B," and incorporated herein by
reference.
16. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following shall be
construed as an assignment: the sale, assignment, transfer or other disposition of any of
the issued and outstanding capital stock of Subrecipient, or of the interest of any general
partner or joint -venturer or syndicate member or cotenant if Subrecipient is a partnership
or joint -venture or syndicate or cotenancy, which shall result in changing the control of
Subrecipient. Control means fifty percent (50%) or more of the voting power, or twenty-
five percent (25%) or more of the assets of the corporation, partnership or joint -venture.
17. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform work on this Program
and/or Services are identified in Exhibit "A". Subrecipient shall be fully responsible to City
for all acts and omissions of any subcontractor. Nothing in this Agreement shall create
any contractual relationship between City and any subcontractor nor shall it create any
obligation on the part of City to pay or to see to the payment of any monies due to any
such subcontractor other than as otherwise required by law. Except as specifically
authorized herein, the Services to be provided under this Agreement shall not be
otherwise assigned, transferred, contracted or subcontracted out without the prior written
approval of City.
18. OWNERSHIP OF DOCUMENTS
18.1 Each and every report, document and any other writing produced, including
performance reports, client information, demographics, file documents or other source
documents required to be produced or kept by the Subrecipient to comply with HUD
regulations or requirements (hereinafter "Documents"), prepared or caused to be
MIND OC Page 11
prepared by Subrecipient, its officers, employees, agents and subcontractors, in the
course of implementing this Agreement, shall become the exclusive property of City, and
City shall have the sole right to use such materials in its discretion without further
compensation to Subrecipient or any other party. Within ten (1 0) days of City's prior
written request, Subrecipient shall, at Subrecipient's expense, provide such Documents
to City.
18.2 Documents prepared by Subrecipient pursuant to this Agreement are not
intended or represented to be suitable for reuse by City or others on any other project.
Any use of completed Documents for other projects and any use of incomplete
Documents without specific written authorization from Subrecipient will be at City's sole
risk and without liability to Subrecipient. Further, any and all liability arising out of changes
made to Subrecipient's deliverables under this Agreement by City or persons other than
Subrecipient is waived against Subrecipient and City assumes full responsibility for such
changes unless City has given Subrecipient prior notice and has received from
Subrecipient written consent for such changes.
19. COMPUTER DELIVERABLES
All written documents shall be transmitted to City in City's latest adopted version
of Microsoft Word, Excel or portable digital format (pdf).
20. CONFIDENTIALITY
Subrecipient shall keep confidential all notes, communication, reports, information
and data received, prepared or assembled pursuant to the performance of this
Agreement. Such materials shall not be made available to any person, firm, corporation
or entity without the prior written consent of the City. Such materials shall not, without
prior written consent of the City, be used by the Subrecipient for any purposes other than
the performance of the Services.
21. INTELLECTUAL PROPERTY INDEMNITY
The Subrecipient shall defend and indemnify City, its elected or appointed officers,
agents, officials, employees, and volunteers against any and all liability, including costs,
for infringement or alleged infringement of any United States' letters patent, trademark,
or copyright, including costs, contained in Subrecipient's Documents provided under this
Agreement.
22. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Subrecipient which result in expense to City greater than what would have
resulted if there were not errors or omissions in the Services provided by Subrecipient,
any expense to correct such errors or omissions shall be borne by Subrecipient. Nothing
in this Section is intended to limit City's rights under the law or any other sections of this
Agreement.
MIND OC Page 12
23. CONFLICTS OF INTEREST
23.1 The Subrecipient or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Political Reform Act") and/or Government
Code §§ 1090 et seq., which (1) require such persons to disclose any financial interest
that may foreseeably be materially affected by the Services performed under this
Agreement, and (2) prohibit such persons from making, or participating in making,
decisions that will foreseeably financially affect such interest.
23.2 If subject to the Political Reform Act and/or Government Code §§ 1990 et
seq., Subrecipient shall conform to all requirements therein. Failure to do so constitutes
a material breach and is grounds for immediate termination of this Agreement by City.
Subrecipient shall indemnify and hold harmless City for any and all claims for damages
resulting from Subrecipient's violation of this Section.
24. NOTICES
24.1 All notices, demands, requests or approvals, including any change in
mailing address, to be given under the terms of this Agreement shall be given in writing,
and conclusively shall be deemed served when delivered personally, or on the third
business day after the deposit thereof in the United States mail, postage prepaid, first-
class mail, addressed as hereinafter provided. All notices, demands, requests or
approvals from Subrecipient to City shall be addressed to City at:
Community Development Department
Attn: Real Property Administrator
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
24.2 All notices, demands, requests or approvals from City to Subrecipient shall
be addressed to Subrecipient at:
MIND OC
Attn: Marshall Moncrief
16650 MacArthur Boulevard, Suite 220
Irvine, CA 92612
25. TERMINATION
25.1 This Agreement may be terminated at any time by either party upon thirty
(30) calendar days prior written notice to the other party. City may immediately terminate
this Agreement upon the termination, suspension, discontinuation or substantial reduction
in CDBG-CV Funds or City Funds for this Agreement activity or if for any reason the timely
completion of Subrecipient's services is rendered improbable, infeasible or impossible.
Additionally, City may terminate this Agreement upon seven (7) calendar days prior
written notice if City determines in its sole discretion that such action is necessary to
respond to an earthquake, fire or other act of God. In such event, Subrecipient shall be
reimbursed for all Services rendered in accordance with this Agreement to the date of
MIND OC Page 13
such termination, subject to the requirements in Section 9.2.4, limited to the extent CDBG-
CV Funds or City Funds are available and recovered by City.
25.2 In accordance with 2 CFR § 200, subpart D, suspension or termination may
occur if Subrecipient materially fails to comply with any term of this Agreement.
25.3 If the funding source requires reimbursement from City for prior payments
to Subrecipient due to Subrecipient's failure to comply with any applicable term of this
Agreement, regulation or statute, Subrecipient shall reimburse City in the amount of such
disallowed payments immediately upon demand from City, and before additional allowed
payments will be made.
25.4 The Agreement may be terminated for convenience in accordance with 2
CFR § 200.339(a)(4).
26. REVERSION OF ASSETS
26.1 Upon the termination or expiration of the term of this Agreement,
Subrecipient shall comply with 24 CFR § 570.503(b)(7) and transfer to City any CDBG-
CV Funds on hand at the time of such termination or expiration and any accounts
receivable attributable to the use of CDBG-CV Funds. In addition, if it is determined, as
a result of an audit or otherwise, that any of the disbursements of City Grant proceeds
were improper or made for expenditures not eligible for reimbursement, Subrecipient shall
immediately repay to City the amounts of such disbursements.
26.2 Any real property under Subrecipient's control that was acquired or
improved in whole or in part with CDBG-CV Funds in excess of Twenty -Five Thousand
Dollars ($25,000.00) shall either be: (a) used to meet one of the national objectives stated
in 24 CFR § 570.901 for five (5) years after termination or expiration of this Agreement;
or (b) disposed of in a manner that results in City's being reimbursed in the amount of the
current fair -market value of the property less any portion of the value attributable to
expenditures of non-CDBG funds for acquisition of, or improvement to, the property.
Reimbursement to City shall not be required after the period of time specified in this
Section 26.2. Subrecipient shall not dispose of any real or personal property acquired in
full or in part with CDBG-CV Funds through sale, use or relocation without the expressed
and prior written permission of City.
27. LOBBYING
Subrecipient hereby certifies that, in compliance with 31 USC § 1352:
27.1 No federal funds shall be paid, by or on behalf of the undersigned, to any
person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member
of Congress in connection with the awarding of any federal contract, the making of any
federal grant, the making of any federal loan, the entering into of any cooperative
agreement, and the extension, continuation, renewal, amendment, or modification of any
federal contract, grant, loan, or cooperative agreement,
MIND OC page 14
27.2 If any funds other than federal appropriated funds have been paid or will be
paid to any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress or an employee of a
Member of Congress in connection with this federal contract, grant, loan or cooperative
agreement, the undersigned shall complete and submit Standard Farm -LLL, "Disclosure
Form to Report Lobbying," in accordance with its instructions.
27.3 Subrecipient shall require that the language of this certification be included
in the contract documents for all sub -awards at all levels (including subcontracts,
subgrants, and contracts under grants, loans, and cooperative agreements) and that all
subcontractors shall certify and disclose accordingly.
28. CONDITIONS FOR FAITH -BASED ORGANIZATIONS
28.1 If Subrecipient represents that it is, or may be deemed to be, a religious or
faith -based organization, Subrecipient agrees that, in connection with performance of
Services:
28. 1.1 It will not discriminate against any person applying for Services on the
basis of religion and will not limit Services or give preference to
persons on the basis or religion;
28.1.2 It will provide no religious instruction or counseling, conduct no
religious worship or services, engage in no religious proselytizing, and
exert no other religious influence in the provision of Services;
28.1.3 The City Grant and/or City Funds received under this Agreement shall
not be used to construct, rehabilitate, or restore any facility which is
owned by Subrecipient if such facility is used as the Subrecipient's
principal place of worship or is used for inherently religious activities.
29. DRUG FREE WORKPLACE
Subrecipient shall comply with the Drug -Free Workplace Act set forth in 15 LISC §
654, and shall make all good faith efforts to continue to maintain a drug-free workplace,
including establishing a drug-free awareness program to inform employees about the
dangers of drug abuse and Subrecipient's policy and penalties for drug abuse violations
occurring in the workplace.
30. STANDARD PROVISIONS
30.1 Recitals. City and Subrecipient acknowledge that the above Recitals are
true and correct and are hereby incorporated by reference into this Agreement.
34.2 Compliance with all Laws. Subrecipient shall at its own cost and expense
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted. In addition, all Services performed by Subrecipient shall conform to applicable
City, county, state and federal laws, rules, regulations and permit requirements and be
subject to approval of the City Administrator and City.
MIND OC page 15
30.3 Waiver. A waiver by either party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent breach
of the same or any other term, covenant or condition contained herein, whether of the
same or a different character.
30.4 Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged herein.
No verbal agreement or implied covenant shall be held to vary the provisions herein.
30.5 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Program Description or any other
attachments attached hereto, the terms of this Agreement shall govern.
30.6 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of the Agreement or any other rule of
construction which might otherwise apply,
30.7 Amendments. This Agreement may be modified or amended only by a
written document executed by both Subrecipient and City and approved as to form by the
City Attorney.
30.8 Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
30.9 Controllinq Law and Venue. The laws of the State of California shall govern
this Agreement and all matters relating to it and any action brought relating to this
Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California.
30.10 No Attorney's Fees. In the event of any dispute or legal action arising under
this Agreement, the prevailing party shall not be entitled to attorney's fees.
34.11 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
MIND OC Page 16
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM: CITY OF NEWPORT BEACH,
CITY ATTOPtNEY'S OFFICE a California municipal corporation
Date: ::qI 14 1 ->n Date: OCT 12 2021
By: By: —/45,
Aaro C. Harp Gr . Leung
City A rney Ci Manager
ATTEST: �[ki.
Date: !, AXI
C ity
Attachments
SUBRECIPIENT: MIND OC, a California
nonprofit public benefit corporation
Date:
By: Signed in Counterpart
Marshall Moncrief
Chief Executive Officer
[END OF SIGNATURES]
F7 ibit A - Scope of Services
Exhibit B - Insurance Requirements
MIND OC Page 17
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM: CITY OF NEWPORT BEACH,
CITY ATTORNEY'S OFFICE a California municipal corporation
Date: �' 14� i Date:
By: By:
Aaron . Harp Grace K. Leung
City A rney City Manager
ATTEST: SUBRECIPIENT: MIND OC, a California
Date: nonprofit public benefit corporation
Date:
By.By:
Leiiani 1. Brown Marshall Moncrief
City Clerk Chief Executive Officer
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Insurance Requirements
MIND OC Page 17
EXHIBIT A
SCOPE OF SERVICES
MIND OC Page A-1
EXHIBIT "A"
SCOPE OF SERVICES
A. Scope of Work
As a condition of receiving this subaward, the Subrecipient shall administer the Be Well OC
Mobile Response Program, which includes performing all of the work described in this
section. The Subrecipient shall complete the activities in a manner satisfactory to the City and
consistent with the terms of conditions of this Agreement and applicable Federal statutes and
regulations.
Be Well OC will help address the increase in behavioral and mental health crises exacerbated
by COVID-19. The Be Well Newport Beach team, consisting of two staff — a mental health
crisis counselor and a medic trained as an EMT or nurse, (mobile) responding to calls for
services in Newport Beach twelve (12) hours per day, seven (7) days per week, will be prepared
to help with a variety of non -emergency and non-medical situations, which may include:
• Mental health / behavioral crisis
• Suicidal ideation
• Public assistance including lack of basic needs (food, shelter, water, clothing), failure to
conduct basic self -hygiene
• Non-domestic violence family issues / disputes
• Drug & alcohol abuse / addiction
• Welfare checks
• Death notifications
• Engage homeless individuals and families living on the street
• Prevent families and individuals from becoming homeless
• Provide Covid-19 testing, diagnosis or other services
• Increase the capacity of targeted health services for infectious disease response within
existing health facilities
• Deliver meals on wheels to quarantined individuals or individuals that need to maintain
social distancing due to medical vulnerabilities
• Reach out to unsheltered homeless people; connect them with emergency shelter, housing,
or critical services; and provide urgent, non -facility -based care to unsheltered homeless
people who are unwilling or unable to access emergency shelter, housing, or an appropriate
health facility.
• Provide hand sanitizer, soap, tissue packets, masks, disposable gloves, and other personal
protective equipment
• Coordinating other support services
• Provide transportation to program participants to and from service providers, etc.
• Relieve Police and Fire Department personnel on appropriate calls for service
Be Well OC Mobile Response Program will assist approximately 500 eligible Newport Beach
residence.
B. CDBG-CV Eligibility
HUD Matrix Code: 050 Mental Health Service
Eligibility Citation: 570.201(e)
National Objective: Low Mod Clientele 570.208(a)(2)(i)
C. National Objective
The CDBG-CV or City Grant funded portion of this Program must benefit low- and moderate -
income persons. The Subrecipient certifies that the activities carried out under this Agreement, to
qualify for reimbursement under CDBG-CV, shall meet the following:
Aid in the prevention, preparation, or response to COVID-19;
Principally benefit persons of low- and moderate -income (households earning less than
80% of Orange County's median income); and
Benefit residents of Newport Beach.
Subrecipient will document that the activities carried out under this Agreement will meet HUD's
Limited Clientele National Objective based upon obtaining the household income of all persons
receiving services funded by this Agreement.
For limited clientele, 51 % of the beneficiaries have to be low or moderate income. Public service
activities must be offered to a particular group of low- and moderate -income residents in the entire
community. In order to document that the activities carried out under this Agreement meet the
requirement, Subrecipient will be responsible for obtaining the household income of all persons
receiving services funded by this Agreement. Subrecipient will collect income data and
demographic data for each recipient in the program as either Client Based or Presumed Benefit.
Activities that exclusively serve a group of persons in any one or a combination of the following
HUD approved categories may be presumed to benefit 51 % of the persons who are low to moderate
income. Since these groups are presumed to be low and moderate income, individual income
verification is not required although other client statistics will be required. HUD Presumed Benefit
categories include:
Elderly persons (62 years and older) Migrant farm workers
Battered spouses Severely disabled adults
Homeless persons Persons living with HIV/AIDS
Abused children Illiterate persons
D. Retention of Financial Records
The Subrecipient shall maintain during the term of this Agreement and for a period of five (5)
years after the expiration of the Agreement complete and adequate financial records and accounts
as considered necessary by the City to assure proper accounting for all Program funds and to
support all Program expenditures. These records and accounts shall include, but not be limited to,
the following: 1) a double -entry general ledger that supports the costs charged to the Program and
funded by the City Grant; 2) records documenting procurement of goods and services; 3) contracts
for goods or services; 4) lease or rental agreements; 5) invoices; 6) billing statements; 7) cancelled
checks; 8) timecards signed by employees and supervisors; 9) personnel authorization records; 10)
payroll registers; 11) payroll tax records; 12) bank statements; 13) bank reconciliations; and 14)
documentation to support the allocation of costs.
EXHIBIT "A"
APPROVED BUDGET
The Subrecipient shall complete all activities in this Agreement in accordance with the following
budget. Any amendments to the budget must be approved in writing by both the City and the
Subrecipient.
Total .dost
General Fuad Share -
CDBC-CV Share
$1,093,180
1 $376,101
$717,079
City will reimburse funds based upon reporting information submitted by the Subrecipient.
Expenditures must be consistent with this approved budget, as contained in the executed
Agreement between the City and the Subrecipient. Only eligible expenses will be approved for
reimbursements. Costs must be necessary, reasonable, and documented. Documentation must
include support of funds used were to prevent, prepare for, or respond to COVID-19.
Personnel Costs - Personnel Costs shall be supported by appropriate payroll and time attendance
records signed by the employee and approved by the supervisor. Time distribution records must
reflect total work time on a daily basis by program and/or funding source, as applicable.
Non -Personnel Costs - Non -Personnel Costs shall be supported by appropriate procurement in
accordance with 2 CFR § 200.320. For purchases other than supplies or equipment, contracts must
contain the applicable provisions described in Appendix II to Part 200—Contract Provisions for
non -Federal Entity Contracts Under Federal Awards.
No Duplication of Benefits - A duplication of benefits occurs when a person, household, business,
government, or other entity receives financial assistance from multiple sources for the same
purpose, and the total assistance received for that purpose is more than the total need for
assistance. CDBG- CV funds cannot be used to pay for eligible costs that have already been paid
for, or will be paid for, by another Federal program, insurance, or other sources. If this occurs, the
awardee must repay all funds awarded.
Subrecipient must submit reimbursement requests periodically (quarterly) and should follow the
City's reimbursement procedures to ensure timely reimbursements. City staff will review all
reimbursement requests, performance/beneficiary data reports, and supporting documentation for
eligibility, completeness, and accuracy, prior to approving the reimbursement requests for
processing. Only those items included in the approved budget, or through an approved budget
amendment will be eligible for reimbursement.
Any activity that is not directly related to the prevention of, preparation for, or response to COVID-
19 must be billed against the City Funds.
EXH I BIT B
INSURANCE REQUIREMENTS
1. Provision of Insurance. Without limiting Subrecipient's indemnification of City, and
prior to disbursement of City Grant funds, Subrecipient shall obtain, provide and
maintain at its own expense during the term of this Agreement, policies of
insurance of the type and amounts described below and in a form satisfactory to
City. Subrecipient agrees to provide insurance in accordance with requirements
set forth here. If Subrecipient uses existing coverage to comply and that coverage
does not meet these requirements, Subrecipient agrees to amend, supplement or
endorse the existing coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders'
Rating of A- (or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City's Risk Manager.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Subrecipient shall maintain Workers'
Compensation Insurance, statutory limits, and Employer's Liability
Insurance with limits of at least one million dollars ($1,000,000) each
accident for bodily injury by accident and each employee for bodily injury by
disease in accordance with the laws of the State of California, Section 3700
of the Labor Code.
Subrecipient shall submit to City, along with the certificate of insurance, a
Waiver of Subrogation endorsement in favor of City, its elected or appointed
officers, agents, officials, employees, and volunteers.
B. General Liability Insurance. Subrecipient shall maintain commercial
general liability insurance, and if necessary umbrella liability insurance, with
coverage at least as broad as provided by Insurance Services Office form
CG 00 01, in an amount not less than one million dollars ($1,000,000) per
occurrence, two million dollars ($2,000,000) general aggregate. The policy
shall cover liability arising from premises, operations, personal and
advertising injury, and liability assumed under an insured contract (including
the tort liability of another assumed in a business contract) with no
endorsement or modification limiting the scope of coverage for liability
assumed under a contract.
Sexual abuse/molestation coverage shall be included under
Commercial General Liability or obtained in a separate policy with a limit of
not less than $1,000,000 per occurrence and $3,000,000 in the aggregate.
MIND OC Page B-1
C. Automobile Liability Insurance. Subrecipient shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of Subrecipient
arising out of or in connection with Work to be performed under this
Agreement, including coverage for any owned, hired, non -owned or rented
vehicles, in an amount not less than one million dollars ($1,400,000)
combined single limit each accident.
D. Professional Liability Errors & Omissions Insurance. Subrecipient shall
require that Subrecipient's consultants, contractors and/or subcontractors
providing any professional or technical services for Subrecipient maintain
professional liability insurance that covers the services to be performed, in
the minimum amount of one million dollars ($1,000,000) per claim and two
million dollars ($2,000,000) in the aggregate. Any policy inception date,
continuity date, or retroactive date must be before the Effective Date of this
Agreement and Subrecipient shall require that Subrecipient's consultants,
contractors and/or subcontractors agree to maintain continuous coverage
through a period no less than three (3) years after completion of the services
performed.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Agreement shall be endorsed to waive subrogation against
City, its elected or appointed officers, agents, officials, employees, and
volunteers or shall specifically allow Subrecipient or others providing
insurance evidence in compliance with these requirements to waive their
right of recovery prior to a loss. Subrecipient hereby waives its own right of
recovery against City, and shall require similar written express waivers from
each of its subcontractors.
B. Additional Insured Status. All liability policies including general liability,
excess liability, pollution liability, and automobile liability, if required, but not
including professional liability, shall provide or be endorsed to provide that
City, its elected or appointed officers, agents, officials, employees, and
volunteers shall be included as insureds under such policies.
C. Primary and Non Contribute . All liability coverage shall apply on a primary
basis and shall not require contribution from any insurance or self-insurance
maintained by City.
D. Notice of Cancellation, All policies shall provide City with thirty (30)
calendar days notice of cancellation (except for nonpayment for which ten
(10) calendar days notice is required) or nonrenewal of coverage for each
required coverage.
5. Additional AgreementsBetween the Parties. The parties hereby agree to the
following:
MIND OC Page B-2
A. Evidence of Insurance. Subrecipient shall provide certificates of insurance
to City as evidence of the insurance coverage required herein, along with a
waiver of subrogation endorsement for workers' compensation and other
endorsements as specified herein for each coverage. Insurance certificates
and endorsement must be approved by City's Risk Manager prior to
commencement of performance. Current certification of insurance shall be
kept on file with City at all times during the term of this Agreement. The
certificates and endorsements for each insurance policy shall be signed by
a person authorized by that insurer to bind coverage on its behalf. At least
fifteen (15) days prior to the expiration of any such policy, evidence of
insurance showing that such insurance coverage has been renewed or
extended shall be filed with the City. If such coverage is cancelled or
reduced, Subrecipient shall, within ten (1 a) days after receipt of written
notice of such cancellation or reduction of coverage, file with the City
evidence of insurance showing that the required insurance has been
reinstated or has been provided through another insurance company or
companies. City reserves the right to require complete, certified copies of
all required insurance policies, at any time.
B. City's Right to Revise Requirements. City reserves the right at any time
during the term of the Agreement to change the amounts and types of
insurance required by giving Subrecipient sixty (BD) calendar days advance
written notice of such change.
C. Enforcement of Agreement Provisions. Subrecipient acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Subrecipient of non-compliance with any requirement imposes no additional
obligations on City nor does it waive any rights hereunder.
D. Requirements not Limiting. Requirements of specific coverage features or
limits contained in this Exhibit B are not intended as a limitation on
coverage, limits or other requirements, or a waiver of any coverage normally
provided by any insurance. Specific reference to a given coverage feature
is for purposes of clarification only as it pertains to a given issue and is not
intended by any party or insured to be all inclusive, or to the exclusion of
other coverage, or a waiver of any type. If Subrecipient maintains higher
limits than the minimums show above, the City requires and shall be entitled
to coverage for higher limits maintained by the Subrecipient. Any available
proceeds in excess of specified minimum limits of insurance and coverage
shall be available to the City.
E. Self-insured Retentions. Any self-insured retentions must be declared to
and approved by City. City reserves the right to require that self-insured
retentions be eliminated, lowered, or replaced by a deductible, Self-
insurance will not be considered to comply with these requirements unless
approved by City.
F. City Remedies for Non -Compliance. If Subrecipient or any subcontractor
fails to provide and maintain insurance as required herein, then City shall
MIND OC Page B-3
have the right but not the obligation, to purchase such insurance, to
terminate this Agreement, or to suspend Subrecipient's right to proceed until
proper evidence of insurance is provided. Any amounts paid by City shall,
at City's sole option, be deducted from amounts payable to Subrecipient or
reimbursed by Subrecipient upon demand.
G. Timely Notice of Claims. Subrecipient shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from
Subrecipient's performance under this Agreement, and that involve or may
involve coverage under any of the required liability policies. City assumes
no obligation or liability by such notice, but has the right (but not the duty)
to monitor the handling of any such claim or claims if they are likely to
involve City.
H. Subrecipient's Insurance. Subrecipient shall also procure and maintain, at
its own cost and expense, any additional kinds of insurance, which in its
own judgment may be necessary for its proper protection and prosecution
of the work.
I. Subrecipient and Subrecipient's consultants, contractors and/or
subcontractors shall be subject to the insurance requirements contained
herein unless otherwise specified in the provisions above or written
approval is granted by City. Subrecipient shall verify that all consultants,
contractors and/or subcontractors maintain insurance meeting all the
requirements stated herein, and Subrecipient shall ensure that City is an
additional insured on insurance required from contractors, consultants
and/or subcontractors,
MIND OC Page B-4
I
Mai