HomeMy WebLinkAboutASOCIACION DE EMPRENDOR@S 2INSURANCE ON FILE
WORK MAY PROCEED N-2022-320
UNTIL INSURANCE EXPIRES
2623
CLERK OF COUNCIL
DATE:
AGREEMENT BETWEEN THE CITY OF SANTA ANA AND
ASOCIACION DE EMPRENDEDOR@S FOR USE OF
AMERICAN RESCUE PLAN ACT (ARPA) FUNDS
This Agreement is hereby made and entered into this 3 day of October, 2022, by and
between the City of Santa Ana, a charter city and municipal corporation organized and existing
n; under the Constitution and laws of the State of California ("CITY"), and Asociacion de
Q Emprendedor@s, a California domestic nonprofit corporation ("SUBRECIPIENT" or
cn "CONTRACTOR").
�— RECITALS:
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A. The American Rescue Plan Act ("ARPA") was signed into law in March 2021. ARPA
provides funding for a number of different programs, including the Coronavirus State and
Local Fiscal Recovery Fund ("SLFRF"), to provide monetary support to local governments
to respond to, mitigate, and recover from the COVID-19 public health emergency.
B. On July 20, 2021, the Santa Ana City Council authorized the City Manager to utilize ARPA
SLFRF funding from the United States Department of Treasury for the Revive Santa Ana
Spending Plan, which includes five spending categories: recovery from the pandemic, direct
assistance programs, public health and safety, critical infrastructure, and city fiscal health.
C. SUBRECIPIENT has been selected by the CITY to receive ARPA SLFRF Funds in order to
provide seminars focused to educate, motivate, empower, and develop the leadership skills of
the Hispanic community, in accordance with the Scope of Work attached hereto as Exhibit
A and incorporated herein by reference ("said program"). SUBRECIPIENT represents that
it is qualified and willing to operate said program and certifies that the administration of said
program carried out with funds provided under this Agreement will meet ARPA's objectives
to respond to, mitigate, and recover from this historic COV@-19 public health crisis,
D. SUBRECIPIENT agrees that it will adhere to the tasks and services as indicated in Exhibit A
for said program. Failure to follow the requirements and meet the stated expectations may
constitute breach of contract that could result in termination of this Agreement or serve as
reason for the CITY to recapture the grant funds awarded to SUBRECIPIENT pursuant to
this Agreement.
WHEREFORE, it is agreed by and between the parties that the foregoing Recitals are a
substantive part of this Agreement and the following terms and conditions are approved and together
with all exhibits and attachments hereto, shall constitute the entire Agreement between the CITY and
SUBRECIPIENT:
I. ARPA PROGRAM PROVISIONS
A. Scope of Work. SUBRECIPIENT shall be responsible for the specific tasks and
services of said program, and agrees to administer said program in compliance with the tasks and
services as described in the Scope of Work attached hereto as Exhibit A. SUBRECIPIENT's failure
to perform as required may, in addition to other remedies set forth in this Agreement, result in
readjustment of the amount of funds for said program or termination of this Agreement.
B. Term of Agreement. The term of said Agreement shall commence on the date first
written above and continue through June 30, 2023 ("Term"), unless terminated earlier pursuant to
the terms of this Agreement. This Agreement shall also cover any and all services provided by the
SUBRECIPIENT to the CITY since the date the ARPA SURF Funds were awarded to the CITY.
Additionally, the Term of this Agreement may be extended by a writing executed by the City
Manager, or designee, and the City Attorney.
C. Amount of Grant Funding. The total amount of funds provided for said program
shall not exceed Twenty -Five Thousand Dollars ($25,000.00) ("ARPA SLFRF Funds") during the
Term of the Agreement. SUBRECIPIENT agrees to use said ARPA SURF Funds to administer
said program as outlined in Exhibit A.
D. Disbursement of Funds. Said ARPA SURF Funds shall be disbursed by CITY to
SUBRECIPIENT pursuant to the terms found in the Fee Payment Schedule attached hereto as
Exhibit B, with payments subject to the submittal of invoices and other reporting requirements,
as hereinafter more fully set forth. SUBRECIPIENT shall be obligated to perform such duties as
would normally extend beyond the term, including, but not limited to, obligations with respect to
indemnification, audits, reporting, data retention/reporting, and accounting. Failure to provide any
of the required documentation and reporting will cause CITY to withhold all or a portion of a
request for ARPA SURF Funds, or return the entire request to SUBRECIPIENT, until such
documentation and reporting has been received and approved by CITY.
(1) Reduction in ARPA SLFRF Funding, The CITY reserves the right to reduce
the amount of ARPA SURF Funds to SUBRECIPIENT, or to completely terminate this
Agreement, in the CITY's sole discretion, if there is a reduction in ARPA SURF Funds provided
to the CITY.
(2) Reduced Distribution of Funds. The CITY reserves the right to reduce the
grant application if the CITY's fiscal monitoring indicates that SUSRECIPIENT's rate of
expenditure will result in unspent funds at the end of the program term. Amendments in the grant
allocation will be made after consultation with SUBRECIPIENT.
(3) Reversion of Assets. SUBRECIPIENT agrees that any and all funds received
under this Agreement shall be utilized during the Term of this Agreement, and that any and all funds
remaining as of the end of the Term, which have not been utilized, shall be returned by
SUBRECIPIENT to the CITY within thirty (30) days of the expiration or earlier termination of the
Agreement. No expense of SUBRECIPIENT will be reimbursed by CITY if incurred after the end
of the Term of the Agreement.
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E. Grant Program Requirements.
(1) SUBRECIPIENT acknowledges that the source of funding for said program is the
federal ARPA, and that payments from the ARPA SURF Funds are only to be used to make
necessary expenditures incurred due to the public health emergency with respect to COVID-19.
(2) SUBRECIPIENT acknowledges that ARPA provisions allow the use of ARPA
SURF Funds to respond to, mitigate, and recover from the COVID-19 public health emergency, and
will not use these funds for any other uses.
(3) SUBRECIPIENT shall follow the process and determination of eligibility for
participants in said program as outlined in Exhibit A.
F. Performance Monitoring.
(1) SUBRECIPIENT shall submit program performance information as often as
requested by CITY, but no less than the submission of monthly reports and a final report to CITY
with the information requested by and in the format acceptable to CITY. Each monthly report is due
within thirty (30) days of completion of work for each month. The final report is due within thirty
(30) days after the termination or expiration of this Agreement.
(2) CITY will evaluate SUBRECIPIENT's management and operation of said
program with respect to the project expectations as described in Exhibit A.
(3) CITY will review the audit of the SUBRECIPIENT to -ensure that grant funds are
used for authorized purposes in compliance with laws, regulations, and the provisions of contracts or
grant agreements under this Agreement, including attachments and exhibits.
(4) If action to correct any substandard performance is not taken by the
SUBRECIPIENT within a reasonable period after being notified by CITY, suspension or termination
procedures may be initiated by CITY.
(5) All performance shall be subject to review by the CITY or other regulatory
agencies at all times. SUBRECIPIENT shall provide adequate cooperation to any inspector or other
CITY representative to permit the same to determine SUBRECIPIENT's conformity with the terms
of this Agreement. If any services performed by SUBRECIPIENT are not in conformance with the
terms of this Agreement, the CITY shall have the right to require SUBRECIPIENT to perform the
services in conformance with the terms of the Agreement at no additional cost. The CITY may also
terminate this Agreement for default and charge SUBRECIPIENT for any costs incurred by the CITY
because of SUBRECIPIENT's failure to perform.
(6) SUBRECIPIENT shall establish adequate procedures for self -monitoring and
quality control and assurance to ensure proper performance under this Agreement; and shall permit a
CITY representative or other regulatory official to monitor, assess, or evaluate SUBRECIPIENT's
performance under this Agreement at any time, upon reasonable notice to SUBRECIPIENT.
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G. Audit.
(1) SUBRECIPIENT shall maintain complete and accurate records and supporting
documentation to facilitate financial and/or program audits by CITY. This requirement shall apply
to any records and documentation CITY shall reasonably require or as required to be maintained
pursuant to the ARPA regulations.
(2) The books and accounts, files, and other records of SUBRECIPIENT, which are
applicable to this Agreement, shall be available for inspection, review, and audit during normal
business hours by CITY to determine the proper application and use of all ARPA SLFRF Funds
provided to or for the account or benefit of SUBRECIPIENT.
(3) SUBRECIPIENT assumes responsibility for reimbursement to CITY a sum of
money equivalent to the amount of any expenditures disallowed should the CITY, or an authorized
agency, rule through audit, exception, or some other appropriate means, that expenditures from funds
allocated to SUBRECIPIENT for direct and/or administrative costs were not made in compliance
with the applicable cost principles, regulations, or the provisions of this Agreement.
(4) SUBRECIPIENT agrees to comply with the requirements of OMB Uniform
Guidance 2 CFR Part 200. SUBRECIPIENT further agrees to provide CITY with a copy of
completed independent auditors' report within thirty (30) days of CITY's request for such report. If
the report contains instances of non-compliance with federal laws and regulations that bear directly
on the performance or administration of this Agreement, SUBRECIPIENT shall provide CITY copies
of responses to auditors' reports, a plan for corrective action, and auditors' response that the
noncompliance has been resolved. All reports prepared in accord with the requirements of OMB
Uniform Guidance 2 CFR Part 200 shall be available for inspection by representatives of CITY or the
federal government during normal business hours.
(5) All accounting records, reports, and evidence pertaining to all costs, expenses
and the ARPA SLFRF Funds of SUBRECIPIENT and all documents related to this Agreement
shall be maintained and kept available at SUBRECLPIENT'S office or place of business for the
duration of the Agreement and thereafter for five (5) years from the date of final payment under
this Agreement. Records which relate to: (a) complaints, claims, administrative proceedings or
litigation arising out of the performance of this Agreement; or, (b) costs and expenses of this
Agreement to which CITY or any other governmental agency takes exception, shall be retained
beyond the five (5) years until complete resolution or disposition of such appeals, litigation claims,
or exceptions. In the event SUBRECIPIENT does not make the above -referenced documents
available within the City of Santa Ana, California, SUBRECIPIENT agrees to pay all necessary and
reasonable expenses incurred by CITY in conducting any audit at the location where said records and
books of account are maintained.
H. Ownership/Use of Materials. SUBRECIPIENT agrees that all materials, reports or
products in any form, including electronic, created by SUBRECIPIENT for which
SUBRECIPIENT has been compensated pursuant to this Agreement shall be the sole property of
the CITY. The material, reports, or products may be used by the CITY for any purpose that the
CITY deems to be appropriate, including, but not limit to, duplication and/or distribution within
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the CITY or to third parties. SUBRECIPIENT agrees not to release or circulate in whole or part
such materials, reports, or products without prior written authorization of the CITY.
1. Close -Out. SUBRECIPIENT agrees to comply with the closeout procedures
detailed in 2 CFR §200.343, including the following:
(1) SUBRECIPIENT must submit, no later than ninety (90) calendar days after the
end date of the period of performance, all financial, performance, and other reports as required by
the terms and conditions of this Agreement;
(2) SUBRECIPIENT must promptly refund any balances of unobligated cash that
the CITY paid in advance or paid and that is not authorized to be retained by SUBRECIPIENT for
use in other projects (See OMB Circular A-129 and 2 CFR §200.345); and,
(3) CITY should complete all closeout actions for the Federal award no later than
one year after receipt and acceptance of all required final reports.
II. SUBRECIPIENT'S OBLIGATIONS
A. Representations and Warranties.
(1) Authority. SUBRECIPIENT is a duly organized and existing domestic
nonprofit corporation in good standing and authorized to do business under the laws of the State
of California. SUBRECIPIENT has full right, power and lawful authority to accept the funding
hereunder and to undertake all obligations as provided herein and the execution, performance and
delivery of this Agreement by SUBRECIPIENT has been fully authorized by all requisite actions
on the part of SUBRECIPIENT.
(2) Experience. SUBRECIPIENT is qualified to provide the administrator services
for said program detailed herein.
(3) Familiarity With Services Required. By executing this Agreement,
SUBRECIPIENT warrants that: (i) it has thoroughly investigated and considered the administrator
services to be performed and provided for said program as detailed in Exhibit A; (U) it has
carefully considered how the services should be performed; and, (iii) it fully understands the
facilities, difficulties and restrictions attending performance of the services under this Agreement.
(4) No Conflict. To the best of SUBRECIPIENT'S knowledge,
SUBRECIPIENT'S execution, delivery and performance of its obligations under this Agreement
will not constitute a default or a breach under any contract, agreement or order to which
SUBRECIPIENT is a party or by which it is bound.
(5) No Bankruptcy. SUBRECIPIENT is not the subject of any current or
threatened bankruptcy proceeding.
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(6) No Pending Legal Proceedings. SUBRECIPIENT is not the subject of a
current or threatened litigation that would or may materially affect SUBRECIPIENT'S
performance under this Agreement.
(7) Proposal Veracity. All provisions of and information provided in
SUBRECIPFENT's proposal submitted to CITY, including any exhibits, are true and correct in all
material respects.
(8) No Pending Investigation, SUBRECIPIENT has no knowledge that it is the
subject of any current or threatened criminal or civil action investigation by any public agency,
including without limitation a police agency or prosecuting authority, which would relate to or
affect performance of the Agreement or provision of services hereunder.
B. Licensing. SUBRECIPIENT agrees to obtain and maintain all required licenses,
registrations, accreditation and inspections from all agencies governing its operations.
SUBRECIPIENT shall ensure that its staff shall also obtain and maintain all required licenses,
registrations, accreditation and inspections from all agencies governing SUBRECIPIENT's
operations hereunder. Such licensing requirements include obtaining a City business license, as
applicable.
C. Zoning. SUBRECIPIENT agrees that any facility/property used in furtherance of said
program shall be specifically zoned and permitted for such use(s) and activities. Should
SUBRECIPIENT fail to have the required land entitlement and/or permits, thus violating any local,
state or federal rules and regulations relating thereto, SUBRECIPIENT shall immediately make good -
faith efforts to gain compliance with local, state or federal rules and regulations following written
notification of said violation(s) from the CITY or other authorized citing agency. SUBRECIPIENT
shall notify CITY immediately of any pending violations. Failure to notify CITY of pending
violations, or to remedy such known violation(s) shall result in termination of grant funding
hereunder. SUBRECIPIENT must make all corrections required to bring the facility/property into
compliance with the law within sixty (60) days of notification of the violation(s); failure to gain
compliance within such time shall result in termination of grant funding hereunder.
D. Separation of Accounts. All funds received by SUBRECFPIENT from CITY pursuant
to this Agreement shall be maintained in an account in a federally insured banking or savings and
loan institution with record keeping of such accounts maintained pursuant to applicable 2 CFR
200.302 requirements. SUBRECIPIENT is not required to maintain separate depository accounts for
ARPA SLFRF Funds; provided however, the SUBRECIPIENT must be able to account for receipt,
obligation, distribution and expenditure of ARPA SLFRF Funds pursuant to applicable 2 CFR
200.302 requirements.
E. Audit Report Requirements. SLTBRECIPFENT agrees that if SUBRECFPIENT
expends Seven Hundred Fifty Thousand Dollars ($750,000) or more in federal funds,
SUBRECIPIENT shall have an annual audit conducted by a certified public accountant in accordance
with the standards as set forth and published by the United States Office of Management and Budget.
SUBRECIPIENT shall provide CITY with a copy of said audit by April I of the year following the
program year in which this Agreement is executed.
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F. Compliance with Law/Program Income. SUBRECIPIENT acknowledges that the
funds being provided by CITY for said program are received by CITY pursuant to ARPA, and that
distribution and expenditure of these ARPA SURF Funds shall be in accordance with ARPA and all
pertinent regulations issued by agencies of the federal government, including, but not limited to, all
regulations found at Title 24 of the Code of Federal Regulations. Any program income received by
SUBRECIPIENT shall be returned to CITY, unless otherwise provided for in this Agreement.
SUBRECIPIENT agrees to comply fully with all federal, state and local laws and court orders
applicable to its operation and administration of said program, whether or not referred to in this
Agreement.
G. Debarment. To protect the public interest and ensure the integrity of Federal
programs, CITY may only conduct business with responsible persons and may not make any award
or permit any award to any party which is debarred or suspended or is otherwise excluded from or
ineligible for participation in Federal assistance programs under Executive Order 12549,
"Debarment and Suspension". See also 24 CFR 570,609. SUBRECIPIENT must review and sign
Exhibit D "Debarment", which is attached hereto and incorporated herein by this reference,
SUBRECIPIENT shall be in good standing, without suspension by the California Secretary of State,
Franchise Tax Board or Internal Revenue Service. Any change in the corporate status or suspension
of SUBRECIPIENT shall be reported immediately to CITY.
H. Confidentiality. Without prejudice to any other provisions of this Agreement,
SUBRECIPIENT shall, where applicable, maintain the confidential nature of information provided
to it concerning participants in accordance with the requirements of federal and state law. However,
SUBRECIPIENT shall submit to CITY or its representatives, all records requested, including audit,
examinations, monitoring and verifications of reports submitted by SUBRECIPIENT, costs incurred
and services rendered hereunder.
I. Independent Contractor. SUBRECIPIENT agrees that the performance of obligations
hereunder is rendered in its capacity as an independent contractor and that it is in no way an agent of
CITY.
J. Violation of Terms and Conditions. SUBRECIPIENT agrees that if SUB RECIPIENT
violates any of the terms and conditions of this Agreement or any prior Agreement whereby ARPA
SURF Funds were received by SUBRECIPIENT, or if SUBRECIPIENT reports inaccurately, or if
on audit there is a disallowance of certain expenditures, SUBRECIPIENT agrees to remedy the acts
or omissions causing the disallowance and repay CITY all amounts spent in violation thereof. If
SUBRECIPIENT engaged in fraudulent activity to obtain and/or justify distribution or expenditure
of the ARPA SURF Funds granted hereunder, SUBRECIPIENT shall be required to reimburse the
CITY of all such funds that were obtained, distributed and/or spent under fraudulent circumstances.
K. Fraud. SUBRECIPIENT shall immediately report all suspected or known instances
and facts concerning possible fraud, abuse or criminal activity related to said program for the ARPA
SURF Funds under this Agreement,
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L. Prohibited Use. SUBRECIPIENT hereby certifies and agrees that it will not use
ARPA SLFRF Funds provided through this Agreement to pay for entertainment, meals or gifts, or
other prohibited uses.
M. Lobbying. SUBRECIPIENT certifies that it will comply with fcderal law (31 U.S.C.
1352) and regulations found at 24 CFR Part 87, which provide that no appropriated funds may be
expended by the recipient of a federal contract, grant, loan or cooperative agreement to pay any person
for influencing or attempting to influence an officer or employee of any agency, Member of Congress,
or an officer or employee of a Member of Congress in connection with awarding of any federal
contract, the making of any federal grant or loan, entering into any cooperative agreement and the
extension, renewal, amendment or modification of any federal contract, grant, loan or cooperative
agreement. SUBRECIPIENT shall sign a certification to that effect in a form as set forth in Exhibit
E, attached hereto and by this reference incorporated herein. SUBRECIPIENT shall submit said
signed certification to CITY prior to performing any of its obligations under this Agreement and prior
to any obligation arising on the part of CITY to pay any sums to SUBRECIPIENT under the terms
and conditions of this Agreement.
If any funds other than Federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any agency, a Member
of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall
complete and submit a "Disclosure Form to Report Lobbying," in accordance with its instructions
(Exhibit E).
N. Financial Interest. SUBRECIPIENT agrees that except for the use of administrative
fees to pay salaries and other related administrative or personnel costs, no persons who exercise or
have exercised any function with respect to administering said program under the terms of this
Agreement, or who are in a position to participate in a decision -making process or gain inside
information with regard to the administration of said program, may obtain a financial interest or
benefit from said program, either for themselves or those with whom they have family or business
ties, during their tenure or for one year thereafter. This prohibition applies to any person who is
an employee, agent, consultant, officer, or elected or appointed official of CITY, or of any
designated public agency, or the SUBRECIPIENT.
O. Labor Standards, The SUBRECIPIENT agrees to comply with the requirements of
the Secretary of Labor in accordance with the Davis -Bacon Act as amended, the provisions of
Contract Work Hours and Safety Standards Act (40 U.S.C. 327 et seq.) and all other applicable
Federal, state and local laws and regulations pertaining to labor standards insofar as those acts
apply to the performance of this Agreement. The SUBRECIPIENT agrees to comply with the
Copeland Anti -Kick Back Act (18 U.S.C. 874 et seq.) and its implementing regulations of the U.S.
Department of Labor at 29 CFR Part 5. The SUBRECIPIENT shall maintain documentation that
demonstrates compliance with hour and wage requirements of this part. Such documentation shall
be made available to the CITY for review upon request.
P. Equal Employment Opportunities. SUBRECIPIENT shall make every effort to
ensure that all projects funded wholly or in part by ARPA SLFRF Funds shall provide equal
employment opportunities for minorities and women.
Q. Women_ and Minority -Owned Businesses (W/MBE). SUBRECIPIENT will use its
best efforts to afford small businesses, minority business enterprises, and women's business
enterprises the maximum practicable opportunity to participate in the performance of this
Agreement in accordance with the requirements of 2 CFR 200.321 "Contracting with small and
minority businesses, women's business enterprises, and labor surplus area firms". As used in this
Agreement, the term "small business" means a business that meets the criteria set forth in section
3(a) of the Small Business Act, as amended (1 S U.S.C. 632), and "minority and women's business
enterprise" means a business at least fifty-one percent (51%) owned and controlled by minority
group members or women. For the purpose of this definition, "minority group members" are
African -Americans, Spanish-speaking, Spanish surnamed or Spanish -heritage Americans, Asian-
Americans, and American Indians. SUBRECIPIENT may rely on written representations by
businesses regarding their status as minority and female business enterprises in lieu of an
independent investigation.
R. Drug Free Workplace. SUBRECIPIENT agrees to provide a drug -free workplace and
to execute a certification as set forth in Exhibit F attached hereto and incorporated herein by this
reference.
S. Uniform Administrative Requirements, Cost Principles, and Audit Requirements
for Federal Awards. The following requirements and standards must be complied with: 2 CFR
Part 200 et al. SUBRECIPIENT shall procure all materials, property, or services in accordance
with the requirements of 2 CFR 200.319-326.
III. CITY"S OBLIGATIONS
A. Audit of Account. CITY shall include an audit of the account maintained by
SUBRECIPIENT in CITY`s audit of all ARPA SLFRF Funds in accordance with Title 24 of the
Code of Federal Regulations and other applicable federal laws and regulations.
B. Common Rule: Pursuant to 2 CFR 200.328(a), the CITY manages the day-to-day
operations of each grant and subgrant supported activities. CITY staff has detailed knowledge of the
grant program requirements and monitors grant and subgrant supported activities to assure
compliance with federal requirements. Such monitoring covers each program, function and activity
and performance goals are reviewed periodically.
C. Project Expectations: CITY shall monitor the performance of SUBRECIPIENT
against goals and performance standards required herein. The SUBRECIPIENT shall be
responsible to accomplish the project expectations as set forth in Exhibit A, and report such results
to the CITY. If the SUBRECIPIENT estimates such goals will not be met, the SUBRECIPIENT
is to contact the CITY, at which time the CITY will determine if any adjustments to the grant
award is appropriate. Substandard performance as determined by the CITY will constitute non-
compliance with this Agreement. Should the CITY determine that the SUBRECIPIENT has not
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performed its obligations as stated in this contract in a satisfactory manner, or if the CITY
determines that insufficient supporting information has been submitted, the CITY shall notify the
SUBRECIPIENT in writing of its determination specifying in full detail the objections that it has
to the SUBRECIPIENT's performance. If action to correct such substandard performance is not
taken by the SUBRECIPIENT after being notified by the CITY, within a reasonable period of time
as stipulated in the written notification, contract suspension or termination procedures will be
initiated.
IV. GENERAL PROVISIONS
A. Non -Discrimination.
1. SUBRECIPIENT agrees to comply with Executive Order 11246, which requires
that during the performance of this Agreement, SUBRECIPIENT agrees not to discriminate against
any employee or applicant for employment because of race, religion, sex, color or national origin.
Such action shall include, but not be limited to the following: employment, upgrading, demotion, or
transfer, rates of pay or other forms of compensation, and selection for training, including
apprenticeship. SUBRECIPIENT agrees to post in conspicuous places, available to employees and
applicants for employment, notices to be provided by the SUBRECIPIENT setting forth the
provisions of this nondiscrimination clause.
2. SUBRECIPIENT agrees to comply with Title VI of the Civil Rights Act of 1964,
which indicates that no person shall, on the ground of race, color or national origin, be excluded from
participation in, be denied the benefits of, or be subject to discrimination under any program of activity
receiving federal financial assistance.
3. No person shall, on the grounds of race, sex, creed, color, religion, marital status,
national origin, age, sexual orientation, or physical or mental handicap be excluded from participation
in, be refused the benefits of, or otherwise be subject to discrimination in any activities, programs or
employment supported by this Agreement. SUBRECIPIENT is prohibited from discrimination on
the basis of age or with respect to an otherwise qualified handicapped person as provided for under
Section 109 of the Housing and Community Development Act of 1974, as amended.
4. SUBRECIPIENT agrees to comply with the Age Discrimination Act of 1975,
which requires that during the performance of this Agreement, SUBRECIPIENT agrees not to
discriminate against any employee or applicant for employment because of age. Such action shall
include, but not be limited to the following: employment upgrading, demotion, or transfer, rates of
pay or other forms of compensation, and selection for training, including apprenticeship.
SUBRECIPIENT agrees to post in conspicuous places, available to employees and applicants for
employment, notices to be provided by the SUBRECIPIENT setting forth the provisions of this age
discrimination clause.
5. SUBRECIPIENT agrees to comply with Section 504 of the Rehabilitation Act of
1973, which requires that no otherwise qualified individual with a disability in the United States, shall,
solely by reason of his or her disability, be excluded from the participation in, be denied the benefits
of, or be subjected to discrimination under any program or activity receiving federal financial
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assistance or under any program or activity conducted by any executive agency or by the United
States Postal Service.
B. Conflict of Interest. Pursuant to the conflict of interest requirements set forth in 24
CFR 570.611 and 2 CFR 200.112, SUBRECIPIENT certifies that no member, officer, employee,
agent or assignee of CITY having direct or indirect control of any ARPA SLFRF Funds granted to
the CITY, inclusive of the subject ARPA SLFRF Funds, shall serve as an officer of SUBRECIPIENT.
Further, any conflict or potential conflict of interest of any officer of SUBRECIPIENT shall be fully
disclosed in writing prior to the execution of this Agreement and said writing shall be attached and
deemed fully incorporated as a part hereof Notice shall be sent by SUBRECIPIENT to CITY
regarding any changes or modifications to its board of directors and list of officers.
C. Special Certification for Religious Entities. If SUBRECIPIENT is a religious entity,
SUBRECIPIENT hereby agrees that in connection with the provision of the services
SUBRECIPIENT shall provide with ARPA SLFRF Funds, in accordance with 24 CFR 570.2000):
1. SUBRECIPIENT shall not discriminate against any employee or applicant for
employment on the basis of religion and shall not limit employment or give preference in employment
to persons on the basis of religion.
2. SUBRECIPIENT shall not discriminate against any person applying for the
services SUBRECIPIENT agrees to provide under the terms of this Agreement on the basis of religion
and shall not limit such services or give preference to applicants for such services on the basis of
religion.
3. SUBRECIPIENT shall NOT provide religious instruction or counseling, conduct
any religious worship or services, or engage in any religious proselytizing, or exert any religious
influence in the provision of the services in said program. The parties agree that this covenant is
intended to and shall be construed for the limited purpose of assuring compliance with respect to the
use of CITY funds by SUBRECIPIENT with applicable constitutional limitations respecting the
establishment of religion as set forth in the establishment clause under the First Amendment of the
United States Constitution and Article I, Section 4 of the California Constitution, and is not in any
manner intended to restrict other activities of SUBRECIPIENT.
4. The portion of a facility used to provide public services assisted in whole or in part
under this Agreement shall contain no sectarian or religious symbols.
5. Where the services to be provided under said program are rendered on property
owned by the primarily religious entity SUBRECIPIENT, ARPA SLFRF Funds may also be used for
minor repairs to such property, which are directly related to the cost of rendering the services under
said program, where the cost constitutes in dollar terms only an incidental portion of the ARPA
expenditure for rendering the services under said program.
D. Prohibition of Nepotism. SUBRECIPIENT agrees not to hire or permit the hiring of
any person to fill a position funded through this Agreement if a member of that person's immediate
family is employed in an administrative capacity by SUBRECIPIENT. For the purposes of this
section, the term "immediate family" means spouse, child, mother, father, brother, sister, brother-in-
law, sister-in-law, father-in-law, mother-in-law, son-in-law, daughter-in-law, aunt, uncle, niece,
nephew, stepparent and stepchild. The term "administrative capacity" means having selection, hiring,
supervisor or management responsibilities.
E. Notices. Notices to the parties shall, unless otherwise requested in writing, be sent by
U.S. Mail, postage prepaid, and addressed as follows:
TO CITY: City of Santa Ana
Michael L. Garcia
Executive Director
Community Development Agency
20 Civic Center Plaza
P.O. Box 1988
Santa Ana, California 92702-1988
TO SUBRECIPIENT: Asociaci6n de Emprendedor@s
2400 E. Katella Ave., Suite 800
Anaheim, CA 92806
Phone: (714) 627-2671
F. Assignability. None of the duties of, or work to be performed by, SUBRECIPIENT
under this Agreement shall be subcontracted or assigned to any agency, consultant, or person
without the prior written consent of CITY. SUBRECIPIENT must submit all subcontracts and
other agreements that relate to this Agreement to CITY. No subcontract or assignment shall
terminate or alter the legal obligations of SUBRECIPIENT pursuant to this Agreement.
G. Indemnification/Hold Harmless. SUBRECIPIENT shall indemnify, defend and save
harmless CITY, its officers, employees, agents, representatives and volunteers from and against any
and all damages to or for loss of use of property and for injuries to or death of any person or persons,
including property and employees or agents of CITY, and shall defend, indemnify and save harmless
CITY, its officers, employees, agents, representatives and volunteers from and against any and all
claims, demands, suits, actions or proceedings of any kind or nature, including, but not by way of
limitation, workers compensation claims and including attorney fees and reasonable expenses for
litigation or settlement, resulting from or arising out of the negligent or wrongful acts, errors or
omissions of SUBRECIPIENT, its officers, directors, employees, agents, subcontractors and
suppliers arising out of SUBRECIPIENT's performance of this Agreement.
H. Insurance.
Contractor shall procure and maintain for the duration of the contract insurance against claims
for injuries to persons or damages to property which may arise from or in connection with the
performance of the work hereunder by the Contractor, its agents, representatives, or employees.
a. MINIMUM SCOPE AND LIMIT OF INSURANCE - Coverage shall be at least as broad as:
12
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00
01 covering CGL on an "occurrence" basis, including products and completed
operations, property damage, bodily injury and personal & advertising injury
with limits no less than
$1,000,000 per occurrence. If a general aggregate limit applies, either the
general aggregatelimit shall apply separately to this project/location (ISO CG
25 03 or 25 04) or the generalaggregate limit shall be twice the required
occurrence limit.
2. Automobile Liability: Insurance Services Office Form Number CA 0001
covering, Code (any auto), or if Contractor has no owned autos, Code 8
(hired) and 9 (non -owned), withlimit no less than $1,000,000 per accident for
bodily injury and property damage. (Not required if Contractor does not
require a vehicle to perform services.)
3. Workers' Compensation: insurance as required by the State of California, with
Statutory Limits, and Employer's Liability Insurance with limit of no less than
$1,000,000 per accident for bodily injury or disease. (Not required if
Contractor provides written verification it has no employees.)
4. If the Contractor maintains broader coverage and/or higher limits than the
minimums shown above, the City requires and shall be entitled to the broader
coverage and/or the higher limits maintained by the contractor. Any available
insurance proceeds in excess of the specified minimum limits of insurance and
coverage shall be available to the City.
h. Other Insurance Provisions - The insurance policies are to contain, or be endorsed to
contain, the following provisions:
1. Additional Insured Status: The City, its officers, officials, employees, and
volunteers are to be covered as additional insureds on the CGL policy with
respect to liability arising out of work or operations performed by or on behalf
of the Contractor including materials, parts, or equipment furnished in
connectionwith such work or operations. General liability coverage can be
provided in the form of an endorsement to the Contractor's insurance (at least
as broad as ISO Form CG 20 10 11 85 or bothCG 20 10, CG 20 26, CG 20 33,
or CG 20 38; and CG 20 37 forms if later revisions used).
2. Primary Coverage: For any claims related to this contract, the Contractor's
insurance coverage shall be primary insurance primary coverage at least as
broad as ISO CG 20 01 04 13 as respects the City, its officers, officials,
employees, and volunteers. Any insurance or self-insurance maintained by the
City, its officers, officials, employees, or volunteers shall be excess of the
Contractor's insuranceand shall not contribute with it.
3. Notice of Cancellation: Each insurance policy required above shall state that
coverage shall not be canceled, except withnotice to the City.
4. Waiver of Subrogation: Contractor hereby grants to City a waiver of any right
to subrogation which any insurer of said Contractor may acquire against the
City by virtue of the payment of any loss under such insurance. Contractor
13
agrees to obtain any endorsement that may be necessary to affect this waiverof
subrogation, but this provision applies regardless of whether or not the City has
received a waiver of subrogation endorsement from the insurer.
5. Self lnsured Retentions: Self -insured retentions must be declared to and
approved by the City. The City may require the Contractor to purchase coverage
with a lower retention or provide proof of ability to pay losses and related
investigations, claim administration, and defense expenses within the retention.
The policy language shall provide, or be endorsed to provide, that the self -
insured retention may be satisfied by either the named insured or City.
6. Acceptability of Insurers: Insurance is to be placed with insurers authorized
to conduct business in the state with a current A.M. Best's rating of no less
than ANII, unless otherwise acceptable to the City.
7. Claims Made Policies: If any of the required policies provide coverage on a
claims -made basis:
1. The Retroactive Date must be shown and must be before the date of the
contract or the beginning of contract work.
2. Insurance must be maintained and evidence of insurance must be
provided for at least five (5) years after completion of the contract of work.
3. If coverage is canceled or non -renewed, and not replaced with another
claims -made policy form with a Retroactive Date prior to the contract
effective date, the Contractor must purchase "extended reporting" coverage
for a minimum of five (5) years after completion of contract work.
8. Verification of Coverage: Contractor shall furnish the City with original
Certificates of Insurance including all required amendatory endorsements (or
copies of the applicable policy language effecting coverage requiredby this
clause) and a copy of the Declarations and Endorsement Page of the CGL policy
listing allpolicy endorsements to City before work begins. However, failure to
obtain the required documents prior to the work beginning shall not waive the
Contractor's obligation to provide them. City reserves the right to require
complete, certified copies of all required insurance policies, including
endorsements required by these specifications, at any time.
9. Subcontractors: Contractor shall require and verify that all subcontractors
maintain insurance meeting all the requirements stated herein, and Contractor
shall ensure that the City is an additional insured on insurance required from
subcontractors.
10. Special Risks or Circumstances: City reserves the right to modify these
requirements, including limits, based on the nature of therisk, prior experience,
insurer, coverage, or other special circumstances.
I. Termination.
1. This Agreement may be terminated on thirty (30) days' written notice by either
party. In the event of such termination, SUBRECIPIENT shall only be entitled to reimbursement for
14
approved expenses incurred to the effective date of termination.
2. This Agreement may be suspended or terminated by CITY upon five (5) days'
written notice for violation by SUBRECIPIENT of Federal Laws governing the use of ARPA SLFRF
Funds. In the event of such suspension or termination, SUBRECIPIENT shall only be entitled to
reimbursement for approved expenses incurred up to the effective date of suspension or termination.
3. Pursuant to 2 CFR 200.340, in the event SUBRECIPIENT defaults by failing to
fulfill all or any of its obligations hereunder, CITY may declare a default and termination of this
Agreement by written notice to SUBRECIPIENT, which default and termination shall be effective
on a date stated in the notice which is to be not less than ten (10) days after certified mailing or
personal service of such notice, unless such default is cured before the effective date of termination
stated in such notice. If terminated for cause, CITY shall be relieved of further liability or
responsibility under this Agreement, or as a result of the termination thereof, including the payment
of money, except for payment for approved expenses incurred for services satisfactorily and timely
performed prior to the mailing or service of the notice of termination, and except for reimbursement
of (1) any payments made for services not subsequently performed in a timely and satisfactory
manner; and, (2) costs incurred by CITY in obtaining substitute performance.
4. The grant of funds under this Agreement may be terminated for convenience by
either the CITY or SUBRECIPIENT, in whole or in part, by setting forth the reasons for such
termination, the effective date, and, in the case of portion termination, their portion to be terminated.
However, if in the case of a partial termination, the CITY determines that the remaining portion of
the award will not accomplish the purpose for which the award was made, the CITY may terminate
the award in its entirety.
5. The grant of funds under this Agreement may be terminated due to the non-
performance of SUBRECIPIENT and/or failure of SUBRECIPENT to perform the work described
in Exhibit A.
6. The grant of funds under this Agreement may be terminated due to the failure of
the CITY to receive sufficient or anticipated funding for the ARPA program for any term subject to
this Agreement.
7. In the event this Agreement is terminated as set forth in subparagraphs I(1)
through I(6), inclusive, SUBRECIPIENT agrees to immediately return to CITY upon CITY's demand
and prior to any adjudication of SUBRECIPIENT's rights, any and all funds not used, and to comply
with the Reversion of Assets requirements in this Agreement.
J. Limitation of Funds. The United States of America may in the future place
programmatic or fiscal limitations on the use of ARPA SLFRF Funds, which limitations are not
presently anticipated. Accordingly, CITY reserves the right to revise this Agreement in order to take
account of actions affecting ARPA program funding. In the event of funding reduction, CITY may,
in its sole and absolute discretion, reduce the budget of this Agreement, may limit the rate of
SUBRECIPIENT's authority to utilize funds, or may restrict SUBRECIPIENT's use of uncommitted
funds. Where CITY has been directed to implement a reduction in funding, with respect to funding
15
for this Agreement, CITY's City Manager or delegate is authorized to act for CITY in implementing
and effecting such a reduction and in revising, modifying, or amending the Agreement for such
purposes. If such a reduction in funding occurs, SUBRECIPIENT shall be permitted to de -scope
accordingly. Where CITY has reasonable grounds to question SUBRECIPIENT's fiscal
accountability or compliance with this Agreement, CITY may suspend the operation of this
Agreement for up to sixty (60) days upon five (5) days written notice to SUBRECIPIENT of its
intention to so act, pending an audit or other resolution of such questions. In no event, however, shall
any revisions made by CITY affect expenditures and legally binding commitments made by
SUBRECIPIENT before it received notice of such revision, provided that such amounts have been
committed in good faith and are otherwise allowable and that such commitments are consistent with
ARPA SURF Funds withdrawal guidelines.
K. Exclusivity and Amendment of Agreement. This Agreement supersedes any and all
other agreements, either oral or in writing, between the parties hereto with respect to the use of CITY's
ARPA SURF Funds by SUBRECIPIENT and contains all the covenants and agreements between
the parties with respect to SUBRECIPIIENT's administration of said program. Each party to this
Agreement acknowledges that no representations, inducements, promises or agreements, orally or
otherwise, have been made by any party, or anyone acting on behalf of any party, which are not
embodied herein, and that no other agreement or amendment hereto shall be effective unless executed
in writing and signed by both CITY and SUBRECIPIENT.
L. Laws Governing this Agreement. This Agreement shall be governed by and construed
in accordance with the laws of the State of California, and all applicable federal laws and regulations.
M. Validity and Severability. The invalidity in whole or in part of any provision of this
Agreement shall not void or affect the validity of any other provision of this Agreement. Whenever
possible, each provision of this AGREEMENT shall be interpreted in such manner as to be
effective and valid under applicable law, but if any provision of this AGREEMENT is held to be
prohibited by or invalid under applicable law, such provision shall be ineffective only to the extent
of such prohibition or invalidity, without invalidating the remainder of such provisions of this
AGREEMENT.
N. Waiver. No delay or omission by either party hereto to exercise any right or power
accruing upon any noncompliance or default by the other party with respect to any of the terms of
this Agreement shall impair any such right or power or be construed to be a waiver thereof. A
waiver by either of the parties hereto of any of the covenants, conditions, or agreements to be
performed by the other shall not be construed to be a waiver of any succeeding breach thereof or
of any other covenant, condition or agreement herein contained,
0. Federal Award Identification Information. SUBRECIPIENT's pertinent Federal
Award Identification Information, including DUNS Numbe
Number (FAIN), as well as the applicable information for
attached hereto and incorporated herein by this reference.
P. Miscellaneous Provisions.
16
r and Federal Award Identification
ARPA, are included in Exhibit C
1. Each undersigned represents and warrants that its signature herein below has the
power, authority and right to bind their respective parties to each of the terms of this Agreement, and
shall indemnify CITY fully, including reasonable costs and attorney's fees, for any injuries or
damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is
withdrawn.
2. All Exhibits and Attachments referenced herein and attached hereto shall be
incorporated as if fully set forth in the body of this Agreement.
3. This Agreement must be signed below and may be signed in counterpart and
delivered by fax, email as a PDF (Portable Document Format) file attachment, or by other means that
displays the original or a copy of the signatures. Any subsequent amendments may be signed and
delivered in the same manner.
(Signatures onfollowing page)
17
N-2022-320
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year
first written above,
ATTEST: CITY OF SANTA ANA
r,Xlerk of the Council KRISTINE RIDGE
�o
City Manager
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By: RY O. ODGE
Assistant`&y Attorney
1
RECOMMENDED FOR APPROVAL: SUB PIENT:
Michael L. Garcia ivtonica bles
Executive Director Pounder President
Community Development Agency DUNS : 102424361
18
EXHIBIT A
SCOPE OF WORK
The Emprendedor@s Program is an intensive 8-week 2 hour per week seminar focused to
educate, motivate, empower, and develop the leadership skills of the Hispanic community in the
USA.
Two Spanish Language 8-week 2 hours per week seminars will be provided. The dates for the
seminars will be established by the City of Santa Ana via a letter to the Asociacion de
Emprendedor@s. Each seminar will consist of a maximum of 30 participants.
1. In Person (venue provided by the City of Sana Ana) for a fee of $12, 500
2. Virtual (via zoom through Association de Emprendedores) for a fee of $12,000.
Asociacion de Emprendedor@s will provide the following logistics for the Emprendedor@:s
Program:
• Vetting and selection of participants* note: sometimes it takes up to 10 hrs.
• Entering initial pre -selection session notes in our database for each registered participant.
• Calling pre -selected candidates to confirm their attendance & informing details about the class.
• Administrative time to provide, process & receive 641's registration from each participant, as
wet] as attendance excel sheets, Survey's & Economic Impact Letter at the end of each class.
• Execution and teaching of the Emprendedor ca s Program.
• Graduation event (Official Ceremony & Business Expo) Coordination with the Economic
Development Department team, invitation to selected officials, etc.
• Creation and posting of the Evembrite link which will include City logos and partners & detailed
Program info
• Invitation to the community to register to participate (English and Spanish).
• Creation, posting & paid promotion of Invitation for graduation event (English and Spanish).
• Promotion of both events through our social media outlets & paid adds
• Emprendedor rr s Program workbook (in Spanish only).
• 1 Hour Business Consulting per participant up to 30 participants only.
• Unlimited texts, emails, whatsup contact, 10 min. calls per participant during the 8 -week
program to serve their iminediate needs and or business questions after and/or before class.
• Unlimited calls, texts, emails with the Department of Economic Director/Team of the City of
Santa Ana, CA, to coordinate kickoff event, specials guests and graduation event. (Online or in
person).
• Other undefined administrative work.
• City of Santa Ana, CA. their partners and elected officials can provide completion certificates to
each graduate at graduation event (online or in person).
• The Asociacion de Emprendedor@s will provide a completion certificate on week $th, of the
Program & a 3-month FREE membership for each participant.
• Additional hours of consulting when needed.
• Additional Postage when needed or material get returned
• During two sessions of the 8-week seminars, time will be allotted to City of Santa Ana staff,
Delhi Center staff, and partners as determined by the City, to present 15-20-minute educational
workshops, and to share services available to businesses and entrepreneurs.
19
Asociacion de Emprendedor@s will provide the following cut7-iculum during the 8-week
seminar:
nsucwctun�y, -
Modules 1 & 2
❑ What is the Entrepreneurship
Program?
IJ What does that mean for you?
❑ Define your idea, service or product
❑ Your WHY?
❑ Do you have the necessary skills to
became an entrepreneur? / Quiz
❑ General knowledge and important
information about opening a new
business.
Emprendedor@s '
❑ General Information about the different
business structures
❑ IRS _TIN & EIN Registration
0 Your business name
i] Process to register your business (DBA)
❑ City License
❑ What is SWAT and its importance?
Modules 3 to S
ZI Marketing
Business Cards
Flyers
Marketing Mix
Social Media
Webpage
Face2ok
Tweeter
Instagram
❑ Networking
Its importance in business relationship
Networking activities {What to do and wherery
Relationships
Importance of follow up
❑ Homework
Asoctocron -
Emedor@s P��
sales
• Whatisa sale?
• How to Influence your client
• Closing a sale
❑ Leadership
What is it?
• Whoareleaden7
• How does leadership work in sales ?
• Defining your goals
❑Attitude & Emotions
• How do I deal with ory emotions?
• What to do when things go wrong?
❑ Homework
Modules 6 to 8
❑ Mission, Vision and Values definition
Creating my business MY & V
Creating my Business Plan
Definition
Structure
5aiesforecast
Pricing
Customers (who are they?)
Undentanding your customers
Understanding the Industry
Market needs
The importance of your personal and professional
image
Homework
Emprendedor@s`
Financing your business- Getting ready For a
Business Loan
• Opportunity Fund.
€ast West Bank
SBDC
Expositors' T50�
❑ Human Resources
Teamwork
• Influencing
• Persistency and Determination
• Systems and Processes
ZI Showcasing my business (Virtually as of 2020 gov.
mandate)
• Graduation;TBIDI
20
EXHIBIT B
FEE PAYMENT SCHEDULE
Seminar
Fee
Payment Term
In Person
$12,500
50% ($6,250) at the completion of the 41 week session.
50% ($6,250) at the completion of the 81 week session.
Virtual
$12,000
50% ($6,000) at the completion of the 4r' week session.
50% ($6,000) at the completion of the 8`b week session.
The dates for the seminars will be established by the City of Santa Ana and the Asociacion de
Emprendedor{c-6s.
Seminar dates may be adjusted by the City via a letter to the Asociaci6n de Emprendedor@s.
Proposed dates for 2022/2023:
City of Santa Ana dates 2022: 311 Cohort
Kickoff: Monday, October 3, 2022 - 5:00 pm-7:00 pm
V' Week. Monday, November 21, 2022 - 5:00 pm-7:00 pin
Grad Day: Monday, November 28, 2022. 5:00 pm-8:00 pm
City of Santa Ana dates 2023: 41 Cohort
Kickoff: Tuesday, February 28, 2023 - 5:00 pm-7:00 pm
8'' Week: Tuesday, April 18, 2023 - 5:00 pm-7:00 p.m.
Grad Day: Tuesday, April 25, 2023 - 5:00 pm-8:00 pm
21
EXHIBIT C
FEDERAL AWARD IDENTIFICATION INFORMATION
The General Program Requirements were designed to provide the framework where the
CONTRACTOR will provide ARPA programs identified in this attachment.
I. GOVERNANCE
The CONTRACTOR agrees to comply, remain informed, and deliver services consistent
with the provisions of ARPA.
Where local policy has not been set, the CONTRACTOR agrees to adhere to state and/or
federal policy, as appropriate.
U. GOVERNANCE REFERENCES
A. Additional state and federal agencies that provide funding to the CITY may be
incorporated herein.
B. Information Bulletins, Directives, and any other federal and state guidance documents
pertaining to the ARPA SURF Funds.
C. Actions, directives, and policy and procedures issued by the CITY.
D. CITY policies, as applicable.
III. CONTRACTOR/SUBRECIPIENT DETERMINATION:
In accordance with the requirements of 2 CFR 200.330 {Subrecipient and Contractor
determination} and for the purpose of this CONTRACT, SUBRECIPIENT is determined
to be a CONTRACTOR.
22
IV. FEDERAL AWARD IDENTIFICATION
FAIN INFORMATION
A.
CONTRACTOR Name:
Asociacion De Emprendedor@s
B.
CONTRACTOR'S Unique
102924361
Identifier (D-U-N-S):
Federal Award
C.
Identification Number
SLFRP 1059
(FAIN):
D.
Federal Award Date:
5/19/21
E.
Subaward Period of
10/3/22 — 06/30/23
Performance:
Total Amount of Federal
F.
Funds Obligated by the
$25,000
Action:
Total Amount of Federal
G.
Funds Obligated to the
$25,000
CONTRACTOR:
H.
Total Amount of the
$64,180,406.50
Federal Award:
I
Federal Award Project
American Rescue Plan Act (ARPA)
Description:
J.
Federal Awarding Agency:
U.S. Department of the Treasury
K.
Name of PTE:
City of Santa Ana
L
Contact Information for the
Kristine Ridge, City Manager
Awarding Official:
Phone Number:
(714) 647-5200
E-mail Address:
kridgeAsanta-ana.org
M.
CFDA/Assistance Listing
21.027
Number:
CFDA/Assistance Listing
Coronavirus State and Local Fiscal Recovery Funds
Name:
(SLFRF)
N.
Whether Award is R&D:
NO
O'
Indirect Cost Rate for the
NA
Federal Award:
23
EXHIBIT D
DEBARMENT
Certification Regarding
Debarment, Suspension, Ineligibility and Voluntary Exclusion
Lower Tier Covered Transactions
This certification is required by the regulations implementing. Executive Order 12549, Debarment and
Suspension, 29 CFR Part 98, Section 98.510, Participants' responsibilities. The regulations were
published as Part VII of the May 26, 1988 ftderal Register (pages 19160-19211).
(BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS FOR CERTIFICATION -
Attached)
(1) The prospective recipient of federal assistance funds certifies, by submission of this proposal,
that neither it nor its principals are presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from participation in this transaction by any
federal department or agency.
(2) Where the prospective recipient of federal assistance funds is unable to certify to any of the
statements in this certification, such prospective participant shall attach an explanation to this
proposal.
Signature % Date
74
INSTRUCTIONS FOR CERTIFICATION
By signing and submitting this proposal, the prospective recipient of federal assistance funds
is providing the certification as set out below.
2. The certification in this clause is a material representation of fact upon which reliance was
placed when this transaction was entered into. If it is later determined that the prospective
recipient of federal assistance funds knowingly rendered an erroneous certification, in
addition to other remedies available to the Federal Government, the Department of Labor
(DOL) may pursue available remedies, including suspension and/or debarment.
The prospective recipient of federal assistance funds shall provide immediate written notice
to the person to which this proposal is submitted if at any time the prospective recipient of
federal assistance funds learns that its certification was erroneous when submitted or has
become erroneous by reason of changed circumstances.
4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered
transaction," "participant," "person," "primary covered transaction," "principal," "proposal,"
and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions
and Coverage sections of rules implementing Executive Order 12549. You may contact the
person to which this proposal is submitted for assistance in obtaining a copy of those
regulations.
5. The prospective recipient of federal assistance funds agrees by submitting this proposal that,
should the proposed covered transaction be entered into, it shall not knowingly enter into any
lower tier covered transaction with a person who is debarred, suspended, declared ineligible,
or voluntarily excluded from participation in this covered transaction, unless authorized by
the DOL.
6. The prospective recipient of federal assistance funds further agrees by submitting this
proposal that it will include the clause titled "Certification Regarding Debarment, Suspension,
Ineligibility and voluntary exclusion - Lower Tier Covered Transactions," without
modification, in all lower tier covered transactions and in all solicitations for lower tier
covered transactions.
A participant in a covered transaction may rely upon a certification of a prospective participant
in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily
excluded from the covered transaction, unless it knows that the certification is erroneous. A
participant may decide the method and frequency by which it determines the eligibility of its
principals. Each participant may, but is not required to check the List of Parties Excluded
from Procurement or Non -Procurement Programs.
8. Nothing contained in the foregoing shall be construed to require establishment of a system of
records in order to render in good faith the certification required by this clause. The
knowledge and information of a participant is not required to exceed that which is normally
possessed by a prudent person in the ordinary course of business dealings.
25
9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in
a covered transaction knowingly enters into a lower tier covered transaction with a person
who is suspended, debarred, ineligible, or voluntarily excluded from participation in this
transaction, in addition to other remedies available to the Federal Government, the DOL may
pursue available remedies, including suspension and/or debarment.
26
EXHIBIT E
LOBBYING
Certification Regarding Lobbying
Certification for Contracts. Grants Loans and Cooperative Agreements, _
The undersigned certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee of
any agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with the awarding of any Federal contract. the making of any
cooperative agreement, and the extension, continuation, renewal, amendment, or modification of
any Federal contact, grant, loan or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person
for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shal l
complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance
with its instructions.
(3) The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontract, subgrants, and contracts under
grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose
accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making
or entering into this transaction imposed by Section 13522, Title 31, U. S. Code. Any person who
fails to file the required certification shall be subject to a civil penalty of not less than S 10,000 and
not more than $100,000 for each such failure.
kf f N1 2 4PACWS f Co yC wl
Grantee/Contactor Organization o Program Title
Name of Certifying Officer
27
Date
`LZ
SUBRECIPIENT warrants the following:
1. SUBRECIPIENT will comply with Public Law 88-352, Title VI of the Civil Rights Act of 1964
(42 U. S. C. section 2000 et seq.) and implementing regulation in 24 CFR Part 1.
2. No person in the United States shall on the ground of race, color, religion, national origin, or
sex, be excluded from participation in, or be denied the benefits of, or be subjected to
discrimination under any program or activity funded in whole or in part with community
development funds made available pursuant to the ACT.
3. All laborers and mechanics, employed by contractors or subcontractors in the performance of
construction work financed in whole or in part with community development funds shall be paid
wages at rates not less than those prevailing on similar construction in the locality as determined
in accordance with the Davis -Bacon Act, as amended, 40 U. S. C. Sections 276 a 1-5, except for
individuals who perform services for which they volunteered; do not receive compensation for
such services; or are paid expenses, reasonable benefits, or a nominal fee for such services; and
are not otherwise employed at any time in construction work.
4. SUBRECIPIENT will comply with all Federal statutes applicable to projects funded with
community development funds, except that (a) SUBRECIPIENT does not assume CITY'S
environmental responsibilities described at 24 CFR 570.604; and (b) SUBRECIPIENT does not
assume CITY'S responsibility for initiating the review process under Executive Order 12372.
EXHIBIT F
DRUG -FREE WORKPLACE
Certification Re ardin Dru -Free Workplace Requirements
The certification set out below is a material representation upon which reliance is placed by the
U.S. Department of Housing and Urban Development in awarding the grant. If it is later
determined that the contractor knowingly rendered a false certification, or otherwise violates the
requirements of the Drug -Free Workplace Act, the U.S. Department of Housing and Urban
Development, in addition to any other remedies available to the Federal Government, may take
action authorized under the Drug -Free Workplace Act.
CERTIFICATION
A. The contractor certifies that it will provide a drug -free workplace by:
(a) Publishing a statement notifying employees that the unlawful manufacture,
distribution, dispensing, possession or use of a controlled substance is prohibited in
the contractor's workplace and specifying the actions that will be taken against
employees for violation of such prohibition;
(b) Establishing a drug -free awareness program to inform employees about —
(1) The dangers of drug abuse in the workplace;
(2) The contractor's policy of maintaining a drug -free workplace;
(3) Any available drug counseling, rehabilitation, and employee assistance
program; and
(4) The penalties that may be imposed upon employees for drug abuse
violations occurring in the workplace;
(c) Making it a requirement that each employee who will be engaged in the
performance of the grant be given a copy of the statement required by paragraph
(a);
(d) Notifying the employee in the statement required by paragraph -(a) that, as a
condition of employment under the contract, the employee will -
(1) Abide by the terms of the statement; and
(2) Notify the employer of any criminal drug statute conviction for a violation
occurring in the workplace no later than five days after such conviction..
(e) Notifying the U.S. Department of Housing and Urban Development within ten days
after receiving notice under subparagraph (d)(2) from an employee or otherwise
receiving actual notice of such conviction;
WE
(f) Taking one of the following actions, within 30 days of receiving notice under
subparagraph (d)(2), with respect to any employee who is so convicted -
( 1) Taking appropriate personnel action against such an employee, up to and
including termination; or
(2) Requiring such employee to participate satisfactorily in a drug abuse
assistance or rehabilitation program approved for such purposes by a
Federal. State, or local health, law enforcement, or other appropriate
agency;
(g) Making a good faith effort to continue to maintain a drug -free workplace through
implementation of paragraphs (a), (b), (c), (d), (e) and (f).
S. The contractor shall insert in the space provided on the attached "Place of Performance"
form the site(s) for the performance of work to be carried out with the grant funds
(including street address, city, county, state, and zip code) .the contractor further certifies
that, if it is subsequently determined that additional sites will be used for the performance
of work under the contract, it shall notify the U.S. Department of Housing and Urban
Development immediately upon the decision to use such additional sites by submitting a
revised "Place of Performance" form.
�m G,A @
Date
30
PLACE OF PERFORMANCE
FOR CERTIFICATION REGARDING DRUG -FREE
WORKPLACE REQUIREMENTS
Name:
Date: "1 '-� 2ZZ-7
The Contractor shall insert in the space provided below the site(s) expected to be used for the
performance of work under the contract covered by the certification:
Place of Performance (include street address, city, county, state, zip code for each site):
�DL -
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31
Cramer, Gabriella
From: CTrax <certificate-request@ctrax.jdidata.com>
Sent: Thursday, October 13, 2022 9:46 AM
To: monicarobies@asociaciondeemprendedores.org; daniel.c.arnold.y9mf@statefarm.com;
Cramer, Gabriela
Subject: Internal Notice of Compliance
NOTICE OF COMPLIANCE
CITY STAFF: PRINT THIS PAGE AND INCLUDE WITH AGREEMENT TO THE CLERK OF THE COUNCIL
Contractor Asociacion De Emprendedor@s
Name:
Project TBD (78)
Number:
Project Agreement Between The City Of Santa Ana And Asociacion De
Name: Emprendedor@s For Use Of American Rescue Plan Act (ARPA) Funds
The Certificate of Insurance (COI) submitted indicates that the coverages are in compliance with the
insurance requirements. No further action is required at this time.
The compliant coverage(s) are:
TYPE OF INSURANCE
AUTOMOBILE LIABILITY
AUTOMOBILE LIABILITY
GENERAL LIABILITY
WORKERS COMPENSATION AND EMPLOYERS' LIABILITY
POLICY NUMBER
EXPIRATION DATE
COI DATE
FILE NAME
Asociacion De
Emprenderdor@s
6499924BO7758
08/07/2023
10/12/202.2
ACORD 25_City of
Santa
Ana_10.12.2022.pdf
Asociacion De
Emprenderdor@s
6786599C1475B
C3/14/2023
10/12/2022
ACORD 25_City of
Santa
Ana_10.12.2022.pdf
Asociacion De
Emprenderdor@s
92GIF4445
08/07/2023
10/12/2022
ACORD 25_City of
Santa
Ana_10.12.2022.pdf
Asociacion De
Emprenderdor@s
92J9M7567
08/07/2023
10/12/2022
ACORD 25_City of
Santa
Ana_10.12.2022.pdf
1
Thank you,
City of Santa Ana
Risk Management Division
in partnership with
CTrax Plus Services Team
10/13/2022 12:45 PM