HomeMy WebLinkAboutItem 26 - Amend the Revive Santa Ana Spending Plan and Approve Agreements with Non-Profit OrgsParks, Recreation, and Community Services
www.santa-ana.org/parks
Item # 26
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
May 3, 2022
TOPIC: Amend the Revive Santa Ana Spending Plan and Approve Agreements with
Various Non -Profit Organizations to Provide Youth Services under the Revive Santa Ana
Program
AGENDA TITLE:
Amend the Revive Santa Ana Spending Plan and Approve Agreements with Various Non -
Profit Organizations to Provide Youth Services under the Revive Santa Ana Program
(Revive Santa Ana Program)
RECOMMENDED ACTION
1. Approve an amendment to the Revive Santa Ana spending plan to increase the
amount for Youth Violence Prevention by $404,375 for a total $904,375, decrease the
amount for Early Childhood Support & Head Start & Child/Day Care by $409,979 for
a total $590,021, decrease the amount for After-School/Youth Sports Programs by
$32,828 for a total $467,172 and approve an amount of $38,432 to administer the
agreements, the total of all services and administration is $2,000,000.
2. Approve an agreement with ALBI (Active Learning Believe & Inspire) to provide youth
services (Youth Violence Prevention) under the Revive Santa Ana Program for an
amount not to exceed $47,869 for the period July 1, 2022 through June 30, 2023,
subject to non -substantive changes approved by the City Manager and City Attorney.
3. Approve an agreement with America On Track to provide youth services (Youth
Violence Prevention) under the Revive Santa Ana Program for an amount not to
exceed $125,000 for the period July 1, 2022 through June 30, 2023, subject to non -
substantive changes approved by the City Manager and City Attorney.
4. Approve an agreement with Backhausdance to provide youth services (After-
School/Youth Sports) under the Revive Santa Ana Program for an amount not to
exceed $30,000 for the period July 1, 2022 through June 30, 2023, subject to non -
substantive changes approved by the City Manager and City Attorney.
5. Approve an agreement with Community Action Partnership of Orange County to
provide youth services (After-School/Youth Sports) under the Revive Santa Ana
Program for an amount not to exceed $65,000 for the period July 1, 2022 through
Approve Agreements with Various Non -Profit Organizations to Provide Youth Services
under the Revive Santa Ana Program
May 3, 2022
Page 2
June 30, 2023, subject to non -substantive changes approved by the City Manager
and City Attorney.
6. Approve an agreement with Delhi Center to provide youth services (Youth Violence
Prevention) under the Revive Santa Ana Program for an amount not to exceed
$123,930 for the period July 1, 2022 through June 30, 2023, subject to non -
substantive changes approved by the City Manager and City Attorney.
7. Approve an agreement with Discovery Science Center of Orange County to provide
youth services (Early Childhood Support & Head Start & Child/Day Care) under the
Revive Santa Ana Program for an amount not to exceed $90,028 for the period July
1, 2022 through June 30, 2023, subject to non -substantive changes approved by the
City Manager and City Attorney.
8. Approve an agreement with KidWorks Community Development Corporation to
provide youth services (Early Childhood Support & Head Start & Child/Day Care)
under the Revive Santa Ana Program for an amount not to exceed $125,000 for the
period July 1, 2022 through June 30, 2023, subject to non -substantive changes
approved by the City Manager and City Attorney.
9. Approve an agreement with Kidworks Community Development Corporation to
provide youth services (After-School/Youth Sports) under the Revive Santa Ana
Program for an amount not to exceed $125,000 for the period July 1, 2022 through
June 30, 2023, subject to non -substantive changes approved by the City Manager
and City Attorney.
10.Approve an agreement with Latino Health Access to provide youth services (Youth
Violence Prevention) under the Revive Santa Ana Program for an amount not to
exceed $125,000 for the period July 1, 2022 through June 30, 2023, subject to non -
substantive changes approved by the City Manager and City Attorney.
11.Approve an agreement with Nati's House to provide youth services (After-
School/Youth Sports) under the Revive Santa Ana Program for an amount not to
exceed $122,172 for the period July 1, 2022 through June 30, 2023, subject to non -
substantive changes approved by the City Manager and City Attorney.
12.Approve an agreement with Nati's House to provide youth services (Youth Violence
Prevention) under the Revive Santa Ana Program for an amount not to exceed
$113,183 for the period July 1, 2022 through June 30, 2023, subject to non -
substantive changes approved by the City Manager and City Attorney.
13.Approve an agreement with Orange County Children Therapeutic Arts Center to
provide youth services (Youth Violence Prevention) under the Revive Santa Ana
Approve Agreements with Various Non -Profit Organizations to Provide Youth Services
under the Revive Santa Ana Program
May 3, 2022
Page 3
Program for an amount not -to -exceed $124,998 for the period July 1, 2022 through
June 30, 2023, subject to non -substantive changes approved by the City Manager
and City Attorney.
14.Approve an agreement with Orange County Children Therapeutic Arts Center to
provide youth services (Early Childhood Support & Head Start & Child/Day Care)
under the Revive Santa Ana Program for an amount not to exceed $124,998 for the
period July 1, 2022 through June 30, 2023, subject to non -substantive changes
approved by the City Manager and City Attorney.
15.Approve an agreement with Orange County Bar Foundation to provide youth services
(Youth Violence Prevention) under the Revive Santa Ana Program for an amount not
to exceed $125,000 for the period July 1, 2022 through June 30, 2023, subject to non -
substantive changes approved by the City Manager and City Attorney.
16.Approve an agreement with Padres Unidos to provide youth services (Early Childhood
Support & Head Start & Child/Day Care) under the Revive Santa Ana Program for an
amount not to exceed $124,995 for the period July 1, 2022 through June 30, 2023,
subject to non -substantive changes approved by the City Manager and City Attorney.
17.Approve an agreement with Padres Unidos to provide youth services (Youth Violence
Prevention) under the Revive Santa Ana Program for an amount not to exceed
$119,395 for the period July 1, 2022 through June 30, 2023, subject to non -
substantive changes approved by the City Manager and City Attorney.
18.Approve an agreement with The Cambodian Family to provide youth services (After-
School/Youth Sports) under the Revive Santa Ana Program for an amount not to
exceed $125,000 for the period July 1, 2022 through June 30, 2023, subject to non -
substantive changes approved by the City Manager and City Attorney.
19. Approve an agreement with Think Together to provide youth services (Early Childhood
Support & Head Start & Child/Day Care) under the Revive Santa Ana Program for an
amount not to exceed $125,000 for the period July 1, 2022 through June 30, 2023,
subject to non -substantive changes approved by the City Manager and City Attorney.
DISCUSSION
On July 6, 2021 the City Council approved the Revive Santa Ana Spending Plan. The
spending plan includes five expenditure categories:
• Recovery from the Pandemic:
o Public Health Equity, expansion of critical communication methods,
sanitization, emergency response, mental health recovery, and a COVID-
19 memorial, support services for COVID-19 response
• Direct Assistance Programs:
Approve Agreements with Various Non -Profit Organizations to Provide Youth Services
under the Revive Santa Ana Program
May 3, 2022
Page 4
o Rental assistance, housing vouchers, food supply/distribution, business
and non-profit assistance, early childhood support, daycare and head start,
after -school programs, youth violence, sexual assault intervention,
technology skill courses, direct resident assistance
• Public Health and Safety:
o 5k Run, additional green/open space, healthy food access, property
compliance programs, rapid response homeless services, park restrooms,
increased security for parks and community centers, First Street safety
enhancements
• Critical Infrastructure:
o Broadband access, community center renovations, transformation of
Central Library to support early childhood learning, expansion of library
accessibility, IT and process upgrades, streetlights, storm drain gates,
parking structure improvements
• City Fiscal Health:
o Legal support services, contract management, unemployment fund / paid
leave reimbursement, accounting and compliance for federal funding,
reserve for revenue loss allocation
On October 18, 2021, the Parks, Recreation and Community Services Agency (PRCSA)
released a Request for Proposals (RFP) to solicit non-profit organizations to submit
proposals for youth services for the following categories, which fall under Direct
Assistance Programs noted above.
• Early Childhood Support & Head Start & Child/Day Care
• After-School/Youth Sports
• Youth Violence Prevention
An evaluation committee reviewed and rated the proposals according to the criteria listed in
the RFP, which includes Statement of Qualification, Scope of Work, Data Collection,
Reporting and Compliance, and Budget.
The City received 24 proposals, from 19 organizations with a total request of $4,882,467.
After the proposals were scored, four proposals did not meet the minimum threshold to
proceed in the evaluation process. A follow up questionnaire was provided by the
organizations of the remaining 20 proposals. The evaluation committee is recommending
awarding agreements to 18 proposals, from 14 organizations
The total request of the recommended proposals was $3,794,571 for a two-year program.
The Revive Spending Plan identified $2,000,000 for these services. Therefore, to meet this
limit, the evaluation committee recommends funding for a one-year program instead of a
two-year program as originally requested in the RFP. Additionally, the requests for Youth
Violence Prevention exceed the amount specified in the spending plan. Therefore, the
Approve Agreements with Various Non -Profit Organizations to Provide Youth Services
under the Revive Santa Ana Program
May 3, 2022
Page 5
evaluation committee recommends amending the spending plan to align with the
recommended amounts for each category.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
Funds are budget and available in the following account and will be carried forward for
the specified year
Fiscal
Year
Accounting Unit-
Account #
Fund
Description
Accounting Unit,
Account Description
Amount
FY 22-23
18113013-69135
ARPA Fund
ARPA-PRCSA,
1,961,568
Payment to Subagents
FY 22-23
18113013-61xxx
ARPA Fund
ARPA-PRCSA,
38,432
Salaries & Benefits
EXHIBIT(S)
1. Agreements (18)
Submitted By: Lisa Rudloff, Executive Dir. of Parks, Recreation and Community
Services
Approved By: Kristine Ridge, City Manager
AGREEMENT BETWEEN THE CITY OF SANTA ANA AND
ALBI (ACTIVE LEARNING BELIEVE & INSPIRE) FOR USE OF
AMERICAN RESCUE PLAN ACT (ARPA) FUNDS
This Agreement is hereby made and entered into this 3rd day of May, 2022, by and
between the City of Santa Ana, a charter city and municipal corporation organized and existing
under the Constitution and laws of the State of California ("CITY"), and ALBI (Active Learning
Believe & Inspire), a California domestic nonprofit corporation ("SUBRECIPIENT" or
"CONTRACTOR").
RECITALS:
A. The American Rescue Plan Act ("ARPA") was signed into law in March 2021. ARPA
provides funding for a number of different programs, including the Coronavirus State and
Local Fiscal Recovery Fund ("SLFRF"), to provide monetary support to local governments
to respond to, mitigate, and recover from the COVID-19 public health emergency.
B. On July 20, 2021, the Santa Ana City Council authorized the City Manager to utilize ARPA
SLFRF funding from the United States Department of Treasury for the Revive Santa Ana
Spending Plan, which includes five spending categories: recovery from the pandemic, direct
assistance programs, public health and safety, critical infrastructure, and city fiscal health.
C. SUBRECIPIENT has been selected by the CITY to receive ARPA SLFRF Funds in order to
provide youth programs, including: early childhood support; head start; day care; after school
tutoring; athletic; and, youth violence prevention, in accordance with the Scope of Work
attached hereto as Exhibit A and incorporated herein by reference ("said program").
SUBRECIPIENT represents that it is qualified and willing to operate said program and
certifies that the administration of said program carried out with funds provided under this
Agreement will meet ARPA's objectives to respond to, mitigate, and recover from this
historic COVID-19 public health crisis.
D. SUBRECIPIENT agrees that it will adhere to the tasks and services as indicated in Exhibit A
for said program. Failure to follow the requirements and meet the stated expectations may
constitute breach of contract that could result in termination of this Agreement or serve as
reason for the CITY to recapture the grant funds awarded to SUBRECIPIENT pursuant to
this Agreement.
WHEREFORE, it is agreed by and between the parties that the foregoing Recitals are a
substantive part of this Agreement and the following terms and conditions are approved and together
with all exhibits and attachments hereto, shall constitute the entire Agreement between the CITY and
SUBRECIPIENT:
I. ARPA PROGRAM PROVISIONS
A. Scope of Work. SUBRECIPIENT shall be responsible for the specific tasks and
services of said program, and agrees to administer said program in compliance with the tasks and
services as described in the Scope of Work attached hereto as Exhibit A. SUBRECIPIENT's failure
to perform as required may, in addition to other remedies set forth in this Agreement, result in
readjustment of the amount of funds for said program or termination of this Agreement.
B. Term of Agreement. The term of said Agreement shall commence on July 1 st, 2022,
and continue through June 30, 2023 ("Term"), unless terminated earlier pursuant to the terms of
this Agreement. This Agreement shall also cover any and all services provided by the
SUBRECIPIENT to the CITY since the date the ARPA SURF Funds were awarded to the CITY.
Additionally, the Term of this Agreement may be extended by a writing executed by the City
Manager, or designee, and the City Attorney.
C. Amount of Grant Funding. The total amount of funds provided for said program
shall not exceed Forty -Seven Thousand Eight Hundred Sixty -Nine Dollars and Zero Cents
($47,869) ("ARPA SURF Funds") during the Term of the Agreement. SUBRECIPIENT agrees
to use said ARPA SURF Funds to administer said program as outlined in Exhibit A.
D. Disbursement of Funds. Said ARPA SURF Funds shall be disbursed by CITY to
SUBRECIPIENT pursuant to the terms found in the Fee Payment Schedule attached hereto as
Exhibit B, with payments subject to the submittal of invoices and other reporting requirements,
as hereinafter more fully set forth. SUBRECIPIENT shall be obligated to perform such duties as
would normally extend beyond the term, including, but not limited to, obligations with respect to
indemnification, audits, reporting, data retention/reporting, and accounting. Failure to provide any
of the required documentation and reporting will cause CITY to withhold all or a portion of a
request for ARPA SURF Funds, or return the entire request to SUBRECIPIENT, until such
documentation and reporting has been received and approved by CITY.
(1) Reduction in ARPA 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 SUBRECIPIENT's rate of
expenditure will result in unspent funds at the end of the program term. Amendments in the grant
allocation will be made after consultation with SUBRECIPIENT.
(3) Reversion of Assets. SUBRECIPIENT agrees that any and all funds received
under this Agreement shall be utilized during the Term of this Agreement, and that any and all funds
remaining as of the end of the Term, which have not been utilized, shall be returned by
SUBRECIPIENT to the CITY within thirty (30) days of the expiration or earlier termination of the
Agreement. No expense of SUBRECIPIENT will be reimbursed by CITY if incurred after the end
of the Term of the Agreement.
2
E. Grant Program Requirements.
(1) SUBRECIPIENT acknowledges that the source of funding for said program is the
federal ARPA, and that payments from the ARPA SURF Funds are only to be used to make
necessary expenditures incurred due to the public health emergency with respect to COVID-19.
(2) SUBRECIPIENT acknowledges that ARPA provisions allow the use of ARPA
SURF Funds to respond to, mitigate, and recover from the COVID-19 public health emergency, and
will not use these funds for any other uses.
(3) SUBRECIPIENT shall follow the process and determination of eligibility for
participants in said program as outlined in Exhibit A.
F. Performance Monitoring.
(1) SUBRECIPIENT shall submit program performance information as often as
requested by CITY, but no less than the submission of monthly reports and a final report to CITY
with the information requested by and in the format acceptable to CITY. Each monthly report is due
within thirty (30) days of completion of work for each month. The final report is due within thirty
(30) days after the termination or expiration of this Agreement.
(2) CITY will evaluate SUBRECIPIENT's management and operation of said
program with respect to the project expectations as described in Exhibit A.
(3) CITY will review the audit of the SUBRECIPIENT to ensure that grant funds are
used for authorized purposes in compliance with laws, regulations, and the provisions of contracts or
grant agreements under this Agreement, including attachments and exhibits.
(4) If action to correct any substandard performance is not taken by the
SUBRECIPIENT within a reasonable period after being notified by CITY, suspension or termination
procedures may be initiated by CITY.
(5) All performance shall be subject to review by the CITY or other regulatory
agencies at all times. SUBRECIPIENT shall provide adequate cooperation to any inspector or other
CITY representative to permit the same to determine SUBRECIPIENT's conformity with the terms
of this Agreement. If any services performed by SUBRECIPIENT are not in conformance with the
terms of this Agreement, the CITY shall have the right to require SUBRECIPIENT to perform the
services in conformance with the terms of the Agreement at no additional cost. The CITY may also
terminate this Agreement for default and charge SUBRECIPIENT for any costs incurred by the CITY
because of SUBRECIPIENT's failure to perform.
(6) SUBRECIPIENT shall establish adequate procedures for self -monitoring and
quality control and assurance to ensure proper performance under this Agreement; and shall permit a
CITY representative or other regulatory official to monitor, assess, or evaluate SUBRECIPIENT's
performance under this Agreement at any time, upon reasonable notice to SUBRECIPIENT.
G. Audit.
(1) SUBRECIPIENT shall maintain complete and accurate records and supporting
documentation to facilitate financial and/or program audits by CITY. This requirement shall apply
to any records and documentation CITY shall reasonably require or as required to be maintained
pursuant to the ARPA regulations.
(2) The books and accounts, files, and other records of SUBRECIPIENT, which are
applicable to this Agreement, shall be available for inspection, review, and audit during normal
business hours by CITY to determine the proper application and use of all ARPA SLFRF Funds
provided to or for the account or benefit of SUBRECIPIENT.
(3) SUBRECIPIENT assumes responsibility for reimbursement to CITY a sum of
money equivalent to the amount of any expenditures disallowed should the CITY, or an authorized
agency, rule through audit, exception, or some other appropriate means, that expenditures from funds
allocated to SUBRECIPIENT for direct and/or administrative costs were not made in compliance
with the applicable cost principles, regulations, or the provisions of this Agreement.
(4) SUBRECIPIENT agrees to comply with the requirements of OMB Uniform
Guidance 2 CFR Part 200. SUBRECIPIENT further agrees to provide CITY with a copy of
completed independent auditors' report within thirty (30) days of CITY's request for such report. If
the report contains instances of non-compliance with federal laws and regulations that bear directly
on the performance or administration of this Agreement, SUBRECIPIENT shall provide CITY copies
of responses to auditors' reports, a plan for corrective action, and auditors' response that the
noncompliance has been resolved. All reports prepared in accord with the requirements of OMB
Uniform Guidance 2 CFR Part 200 shall be available for inspection by representatives of CITY or the
federal government during normal business hours.
(5) All accounting records, reports, and evidence pertaining to all costs, expenses
and the ARPA SLFRF Funds of SUBRECIPIENT and all documents related to this Agreement
shall be maintained and kept available at SUBRECIPIENT'S office or place of business for the
duration of the Agreement and thereafter for five (5) years from the date of final payment under
this Agreement. Records which relate to: (a) complaints, claims, administrative proceedings or
litigation arising out of the performance of this Agreement; or, (b) costs and expenses of this
Agreement to which CITY or any other governmental agency takes exception, shall be retained
beyond the five (5) years until complete resolution or disposition of such appeals, litigation claims,
or exceptions. In the event SUBRECIPIENT does not make the above -referenced documents
available within the City of Santa Ana, California, SUBRECIPIENT agrees to pay all necessary and
reasonable expenses incurred by CITY in conducting any audit at the location where said records and
books of account are maintained.
H. 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
M
the CITY or to third parties. SUBRECIPIENT agrees not to release or circulate in whole or part
such materials, reports, or products without prior written authorization of the CITY.
I. Close -Out. SUBRECIPIENT agrees to comply with the closeout procedures
detailed in 2 CFR §200.343, including the following:
(1) SUBRECIPIENT must submit, no later than ninety (90) calendar days after the
end date of the period of performance, all financial, performance, and other reports as required by
the terms and conditions of this Agreement;
(2) SUBRECIPIENT must promptly refund any balances of unobligated cash that
the CITY paid in advance or paid and that is not authorized to be retained by SUBRECIPIENT for
use in other projects (See OMB Circular A-129 and 2 CFR §200.345); and,
(3) CITY should complete all closeout actions for the Federal award no later than
one year after receipt and acceptance of all required final reports.
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; (ii) it has
carefully considered how the services should be performed; and, (iii) it fully understands the
facilities, difficulties and restrictions attending performance of the services under this Agreement.
(4) No Conflict. To the best of SUBRECIPIENT'S knowledge,
SUBRECIPIENT'S execution, delivery and performance of its obligations under this Agreement
will not constitute a default or a breach under any contract, agreement or order to which
SUBRECIPIENT is a party or by which it is bound.
(5) No Bankruptcy. SUBRECIPIENT is not the subject of any current or
threatened bankruptcy proceeding.
5
(6) No Pending Legal Proceedings. SUBRECIPIENT is not the subject of a
current or threatened litigation that would or may materially affect SUBRECIPIENT'S
performance under this Agreement.
(7) Proposal Veracity. All provisions of and information provided in
SUBRECIPIENT's proposal submitted to CITY, including any exhibits, are true and correct in all
material respects.
(8) No Pending Investigation. SUBRECIPIENT has no knowledge that it is the
subject of any current or threatened criminal or civil action investigation by any public agency,
including without limitation a police agency or prosecuting authority, which would relate to or
affect performance of the Agreement or provision of services hereunder.
B. Licensing. SUBRECIPIENT agrees to obtain and maintain all required licenses,
registrations, accreditation and inspections from all agencies governing its operations.
SUBRECIPIENT shall ensure that its staff shall also obtain and maintain all required licenses,
registrations, accreditation and inspections from all agencies governing SUBRECIPIENT's
operations hereunder. Such licensing requirements include obtaining a City business license, as
applicable.
C. Zoning. SUBRECIPIENT agrees that any facility/property used in furtherance of said
program shall be specifically zoned and permitted for such use(s) and activities. Should
SUBRECIPIENT fail to have the required land entitlement and/or permits, thus violating any local,
state or federal rules and regulations relating thereto, SUBRECIPIENT shall immediately make good -
faith efforts to gain compliance with local, state or federal rules and regulations following written
notification of said violation(s) from the CITY or other authorized citing agency. SUBRECIPIENT
shall notify CITY immediately of any pending violations. Failure to notify CITY of pending
violations, or to remedy such known violation(s) shall result in termination of grant funding
hereunder. SUBRECIPIENT must make all corrections required to bring the facility/property into
compliance with the law within sixty (60) days of notification of the violation(s); failure to gain
compliance within such time shall result in termination of grant funding hereunder.
D. Separation of Accounts. All funds received by SUBRECIPIENT from CITY pursuant
to this Agreement shall be maintained in an account in a federally insured banking or savings and
loan institution with record keeping of such accounts maintained pursuant to applicable 2 CFR
200.302 requirements. SUBRECIPIENT is not required to maintain separate depository accounts for
ARPA SLFRF Funds; provided however, the SUBRECIPIENT must be able to account for receipt,
obligation, distribution and expenditure of ARPA SLFRF Funds pursuant to applicable 2 CFR
200.302 requirements.
E. Audit Report Requirements. SUBRECIPIENT agrees that if SUBRECIPIENT
expends Seven Hundred Fifty Thousand Dollars ($750,000) or more in federal funds,
SUBRECIPIENT shall have an annual audit conducted by a certified public accountant in accordance
with the standards as set forth and published by the United States Office of Management and Budget.
SUBRECIPIENT shall provide CITY with a copy of said audit by April I of the year following the
program year in which this Agreement is executed.
2
F. Compliance with Law/Program Income. SUBRECIPIENT acknowledges that the
funds being provided by CITY for said program are received by CITY pursuant to ARPA, and that
distribution and expenditure of these ARPA SURF Funds shall be in accordance with ARPA and all
pertinent regulations issued by agencies of the federal government, including, but not limited to, all
regulations found at Title 24 of the Code of Federal Regulations. Any program income received by
SUBRECIPIENT shall be returned to CITY, unless otherwise provided for in this Agreement.
SUBRECIPIENT agrees to comply fully with all federal, state and local laws and court orders
applicable to its operation and administration of said program, whether or not referred to in this
Agreement.
G. Debarment. To protect the public interest and ensure the integrity of Federal
programs, CITY may only conduct business with responsible persons and may not make any award
or permit any award to any party which is debarred or suspended or is otherwise excluded from or
ineligible for participation in Federal assistance programs under Executive Order 12549,
"Debarment and Suspension". See also 24 CFR 570.609. SUBRECIPIENT must review and sign
Exhibit D "Debarment", which is attached hereto and incorporated herein by this reference.
SUBRECIPIENT shall be in good standing, without suspension by the California Secretary of State,
Franchise Tax Board or Internal Revenue Service. Any change in the corporate status or suspension
of SUBRECIPIENT shall be reported immediately to CITY.
H. Confidentiality. Without prejudice to any other provisions of this Agreement,
SUBRECIPIENT shall, where applicable, maintain the confidential nature of information provided
to it concerning participants in accordance with the requirements of federal and state law. However,
SUBRECIPIENT shall submit to CITY or its representatives, all records requested, including audit,
examinations, monitoring and verifications of reports submitted by SUBRECIPIENT, costs incurred
and services rendered hereunder.
I. Independent Contractor. SUBRECIPIENT agrees that the performance of obligations
hereunder is rendered in its capacity as an independent contractor and that it is in no way an agent of
CITY.
J. Violation of Terms and Conditions. SUBRECIPIENT agrees that if SUBRECIPIENT
violates any of the terms and conditions of this Agreement or any prior Agreement whereby ARPA
SURF Funds were received by SUBRECIPIENT, or if SUBRECIPIENT reports inaccurately, or if
on audit there is a disallowance of certain expenditures, SUBRECIPIENT agrees to remedy the acts
or omissions causing the disallowance and repay CITY all amounts spent in violation thereof. If
SUBRECIPIENT engaged in fraudulent activity to obtain and/or justify distribution or expenditure
of the ARPA SURF Funds granted hereunder, SU 3RECIPIENT shall be required to reimburse the
CITY of all such funds that were obtained, distributed and/or spent under fraudulent circumstances.
K. Fraud. SUBRECIPIENT shall immediately report all suspected or known instances
and facts concerning possible fraud, abuse or criminal activity related to said program for the ARPA
SURF Funds under this Agreement.
7
L. Prohibited Use. SUBRECIPIENT hereby certifies and agrees that it will not use
ARPA SLFRF Funds provided through this Agreement to pay for entertainment, meals or gifts, or
other prohibited uses.
M. Lobbying. SUBRECIPIENT certifies that it will comply with federal law (31 U.S.C.
1352) and regulations found at 24 CFR Part 87, which provide that no appropriated funds may be
expended by the recipient of a federal contract, grant, loan or cooperative agreement to pay any person
for influencing or attempting to influence an officer or employee of any agency, Member of Congress,
or an officer or employee of a Member of Congress in connection with awarding of any federal
contract, the making of any federal grant or loan, entering into any cooperative agreement and the
extension, renewal, amendment or modification of any federal contract, grant, loan or cooperative
agreement. SUBRECIPIENT shall sign a certification to that effect in a form as set forth in Exhibit
E, attached hereto and by this reference incorporated herein. SUBRECIPIENT shall submit said
signed certification to CITY prior to performing any of its obligations under this Agreement and prior
to any obligation arising on the part of CITY to pay any sums to SUBRECIPIENT under the terms
and conditions of this Agreement.
If any funds other than Federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any agency, a Member
of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall
complete and submit a "Disclosure Form to Report Lobbying," in accordance with its instructions
(Exhibit E).
N. Financial Interest. SUBRECIPIENT agrees that except for the use of administrative
fees to pay salaries and other related administrative or personnel costs, no persons who exercise or
have exercised any function with respect to administering said program under the 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 SURF Funds shall provide equal
employment opportunities for minorities and women.
Q. Women and Minority -Owned Businesses (W/MBE). SUBRECIPIENT will use its
best efforts to afford small businesses, minority business enterprises, and women's business
enterprises the maximum practicable opportunity to participate in the performance of this
Agreement in accordance with the requirements of 2 CFR 200.321 "Contracting with small and
minority businesses, women's business enterprises, and labor surplus area firms". As used in this
Agreement, the term "small business" means a business that meets the criteria set forth in section
3(a) of the Small Business Act, as amended (15 U.S.C. 632), and "minority and women's business
enterprise" means a business at least fifty-one percent (51 %) owned and controlled by minority
group members or women. For the purpose of this definition, "minority group members" are
African -Americans, Spanish-speaking, Spanish surnamed or Spanish -heritage Americans, Asian -
Americans, and American Indians. SUBRECIPIENT may rely on written representations by
businesses regarding their status as minority and female business enterprises in lieu of an
independent investigation.
R. Drug Free Workplace. SUBRECIPIENT agrees to provide a drug -free workplace and
to execute a certification as set forth in Exhibit F attached hereto and incorporated herein by this
reference.
S. Uniform Administrative Requirements, Cost Principles, and Audit Requirements
for Federal Awards. The following requirements and standards must be complied with: 2 CFR
Part 200 et al. SUBRECIPIENT shall procure all materials, property, or services in accordance
with the requirements of 2 CFR 200.318-326.
III. CITY'S OBLIGATIONS
A. Audit of Account. CITY shall include an audit of the account maintained by
SUBRECIPIENT in CITY's audit of all ARPA SURF 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
0
performed its obligations as stated in this contract in a satisfactory manner, or if the CITY
determines that insufficient supporting information has been submitted, the CITY shall notify the
SUBRECIPIENT in writing of its determination specifying in full detail the objections that it has
to the SUBRECIPIENT's performance. If action to correct such substandard performance is not
taken by the SUBRECIPIENT after being notified by the CITY, within a reasonable period of time
as stipulated in the written notification, contract suspension or termination procedures will be
initiated.
IV. GENERAL PROVISIONS
A. Non -Discrimination.
1. SUBRECIPIENT agrees to comply with Executive Order 11246, which requires
that during the performance of this Agreement, SUBRECIPIENT agrees not to discriminate against
any employee or applicant for employment because of race, religion, sex, color or national origin.
Such action shall include, but not be limited to the following: employment, upgrading, demotion, or
transfer, rates of pay or other forms of compensation, and selection for training, including
apprenticeship. SUBRECIPIENT agrees to post in conspicuous places, available to employees and
applicants for employment, notices to be provided by the SUBRECIPIENT setting forth the
provisions of this nondiscrimination clause.
2. SUBRECIPIENT agrees to comply with Title VI of the Civil Rights Act of 1964,
which indicates that no person shall, on the ground of race, color or national origin, be excluded from
participation in, be denied the benefits of, or be subject to discrimination under any program of activity
receiving federal financial assistance.
3. No person shall, on the grounds of race, sex, creed, color, religion, marital status,
national origin, age, sexual orientation, or physical or mental handicap be excluded from participation
in, be refused the benefits of, or otherwise be subject to discrimination in any activities, programs or
employment supported by this Agreement. SUBRECIPIENT is prohibited from discrimination on
the basis of age or with respect to an otherwise qualified handicapped person as provided for under
Section 109 of the Housing and Community Development Act of 1974, as amended.
4. SUBRECIPIENT agrees to comply with the Age Discrimination Act of 1975,
which requires that during the performance of this Agreement, SUBRECIPIENT agrees not to
discriminate against any employee or applicant for employment because of age. Such action shall
include, but not be limited to the following: employment upgrading, demotion, or transfer, rates of
pay or other forms of compensation, and selection for training, including apprenticeship.
SUBRECIPIENT agrees to post in conspicuous places, available to employees and applicants for
employment, notices to be provided by the SUBRECIPIENT setting forth the provisions of this age
discrimination clause.
5. SUBRECIPIENT agrees to comply with Section 504 of the Rehabilitation Act of
1973, which requires that no otherwise qualified individual with a disability in the United States, shall,
solely by reason of his or her disability, be excluded from the participation in, be denied the benefits
of, or be subjected to discrimination under any program or activity receiving federal financial
10
assistance or under any program or activity conducted by any executive agency or by the United
States Postal Service.
B. Conflict of Interest. Pursuant to the conflict of interest requirements set forth in 24
CFR 570.611 and 2 CFR 200.112, SUBRECIPIENT certifies that no member, officer, employee,
agent or assignee of CITY having direct or indirect control of any ARPA SLFRF Funds granted to
the CITY, inclusive of the subject ARPA SLFRF Funds, shall serve as an officer of SUBRECIPIENT.
Further, any conflict or potential conflict of interest of any officer of SUBRECIPIENT shall be fully
disclosed in writing prior to the execution of this Agreement and said writing shall be attached and
deemed fully incorporated as a part hereof. Notice shall be sent by SUBRECIPIENT to CITY
regarding any changes or modifications to its board of directors and list of officers.
C. Special Certification for Religious Entities. If SUBRECIPIENT is a religious entity,
SUBRECIPIENT hereby agrees that in connection with the provision of the services
SUBRECIPIENT shall provide with ARPA SLFRF Funds, in accordance with 24 CFR 570.2000):
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
11
section, the term "immediate family" means spouse, child, mother, father, brother, sister, brother-in-
law, sister-in-law, father-in-law, mother-in-law, son-in-law, daughter-in-law, aunt, uncle, niece,
nephew, stepparent and stepchild. The term "administrative capacity" means having selection, hiring,
supervisor or management responsibilities.
E. Notices. Notices to the parties shall, unless otherwise requested in writing, be sent by
U.S. Mail, postage prepaid, and addressed as follows:
TO CITY: City of Santa Ana
Lisa Rudloff
Executive Director
Parks, Recreation and Community Services Agency
20 Civic Center Plaza
P.O. Box 1988
Santa Ana, California 92702-1988
TO SUBRECIPIENT:
ALBI
Hiba Shublak
Executive Director
14 Surfside Ct
Newport Beach, CA 92663-2118
F. Assi.ng ability. 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 and the results of that work by the Contractor, its agents,
representatives, employees, or subcontractors.
12
a. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad
as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00
O1 covering CGL on an "occurrence" basis, including products and completed
operations, property damage, bodily injury and personal & advertising injury
with limits no less than $2,000,000 per occurrence. If a general aggregate limit
applies, either the general aggregate limit shall apply separately to this
project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be
twice the required occurrence limit.
2. Automobile Liability: Insurance Services Office Form Number CA 0001
covering, Code 1 (any auto), or if Contractor has no owned autos, Code 8 (hired)
and 9 (non -owned), with limit no less than $1,000,000 (if program services
includes transportation of youth, the limit shall be no less than $5,000,000) per
accident for bodily injury and property damage. (Not required if an automobile
is not required to fulfill services.)
3. Workers' Compensation: insurance as required by the State of California, with
Statutory Limits, and Employer's Liability Insurance with limit of no less than
$1,000,000 per accident for bodily injury or disease.
4. Sexual Abuse or Molestation (SAM) Liability: If the CGL policy referenced
above is not endorsed to include affirmative coverage for sexual abuse or
molestation, Contractor shall obtain and maintain a policy covering Sexual
Abuse and Molestation with a limit no less than $1,000,000 per occurrence or
claim.
5. If the Contractor maintains broader coverage and/or higher limits than the
minimums shown above, the City requires and shall be entitled to the broader
coverage and/or the higher limits maintained by the Contractor. Any available
insurance proceeds in excess of the specified minimum limits of insurance and
coverage shall be available to the City.
b. Other Insurance Provisions — The insurance policies are to contain, or be endorsed to
contain, the following provisions:
1. Additional Insured Status: The City, its officers, officials, employees, and
volunteers are to be covered as additional insureds on the CGL policy with
respect to liability arising out of work or operations performed by or on behalf
of the Contractor including materials, parts, or equipment furnished in
connection with such work or operations. General liability coverage can be
provided in the form of an endorsement to the Contractor's insurance (at least
as broad as ISO Form CG 20 10 11 85 or if not available, through the addition
of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if a
later edition is used).
2. Primary Coverage: For any claims related to this contract, the Contractor's
insurance coverage shall be primary coverage at least as broad as ISO CG 20
0104 13 as respects the City, its officers, officials, employees, and volunteers.
13
Any insurance or self-insurance maintained by the City, its officers, officials,
employees, or volunteers shall be excess of the Contractor's insurance and shall
not contribute with it.
3. Notice of Cancellation: Each insurance policy required above shall state that
coverage shall not be canceled, except with notice to the City.
4. Waiver of Subrogation: Contractor hereby grants to City a waiver of any right
to subrogation which any insurer of said Contractor may acquire against the
City by virtue of the payment of any loss under such insurance. Contractor
agrees to obtain any endorsement that may be necessary to affect this waiver of
subrogation, but this provision applies regardless of whether or not the City has
received a waiver of subrogation endorsement from the insurer.
5. Self -Insured Retentions: Self -insured retentions must be declared to and
approved by the City. The City may require the Contractor to purchase coverage
with a lower retention or provide proof of ability to pay losses and related
investigations, claim administration, and defense expenses within the retention.
The policy language shall provide, or be endorsed to provide, that the self -
insured retention may be satisfied by either the named insured or City.
6. Acceptability of Insurers: Insurance is to be placed with insurers authorized to
conduct business in the state with a current A.M. Best's rating of no less than
A:VII, unless otherwise acceptable to the City.
7. Claims Made Policies: If any of the required policies provide coverage on a
claims -made basis:
1. The Retroactive Date must be shown and must be before the date of the
contract or the beginning of contract work.
2. Insurance must be maintained and evidence of insurance must be
provided for at least five (5) years after completion of the contract of
work.
3. If coverage is canceled or non -renewed, and not replaced with another
claims -made policy form with a Retroactive Date prior to the contract
effective date, the Contractor must purchase "extended reporting"
coverage for a minimum of five (5) years after completion of contract
work.
8. Verification of Coverage: Contractor shall furnish the City with original
Certificates of Insurance including all required amendatory endorsements (or
copies of the applicable policy language effecting coverage required by this
clause) and a copy of the Declarations and Endorsement Page of the CGL policy
listing all policy endorsements to City before work begins. However, failure to
obtain the required documents prior to the work beginning shall not waive the
Contractor's obligation to provide them. City reserves the right to require
complete, certified copies of all required insurance policies, including
endorsements required by these specifications, at any time.
14
9. Special Risks or Circumstances: City reserves the right to modify these
requirements, including limits, based on the nature of the risk, prior experience,
insurer, coverage, or other special circumstances.
I. Termination.
1. This Agreement may be terminated on thirty (30) days' written notice by either
party. In the event of such termination, SUBRECIPIENT shall only be entitled to reimbursement for
approved expenses incurred to the effective date of termination.
2. This Agreement may be suspended or terminated by CITY upon five (5) days'
written notice for violation by SUBRECIPIENT of Federal Laws governing the use of ARPA SURF
Funds. 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.
15
J. Limitation of Funds. The United States of America may in the future place
programmatic or fiscal limitations on the use of ARPA SLFRF Funds, which limitations are not
presently anticipated. Accordingly, CITY reserves the right to revise this Agreement in order to take
account of actions affecting ARPA program funding. In the event of funding reduction, CITY may,
in its sole and absolute discretion, reduce the budget of this Agreement, may limit the rate of
SUBRECIPIENT's authority to utilize funds, or may restrict SUBRECIPIENT's use of uncommitted
funds. Where CITY has been directed to implement a reduction in funding, with respect to funding
for this Agreement, CITY's City Manager or delegate is authorized to act for CITY in implementing
and effecting such a reduction and in revising, modifying, or amending the Agreement for such
purposes. If such a reduction in funding occurs, SUBRECIPIENT shall be permitted to de -scope
accordingly. Where CITY has reasonable grounds to question SUBRECIPIENT's fiscal
accountability or compliance with this Agreement, CITY may suspend the operation of this
Agreement for up to sixty (60) days upon five (5) days written notice to SUBRECIPIENT of its
intention to so act, pending an audit or other resolution of such questions. In no event, however, shall
any revisions made by CITY affect expenditures and legally binding commitments made by
SUBRECIPIENT before it received notice of such revision, provided that such amounts have been
committed in good faith and are otherwise allowable and that such commitments are consistent with
ARPA SLFRF Funds withdrawal guidelines.
K. Exclusivity and Amendment of Agreement. This Agreement supersedes any and all
other agreements, either oral or in writing, between the parties hereto with respect to the use of CITY's
ARPA SLFRF Funds by SUBRECIPIENT and contains all the covenants and agreements between
the parties with respect to SUBRECIPIIENT's administration of said program. Each party to this
Agreement acknowledges that no representations, inducements, promises or agreements, orally or
otherwise, have been made by any party, or anyone acting on behalf of any party, which are not
embodied herein, and that no other agreement or amendment hereto shall be effective unless executed
in writing and signed by both CITY and SUBRECIPIENT.
L. Laws Governingthis his 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.
16
O. Federal Award Identification Information. SUBRECIPIENT's pertinent Federal
Award Identification Information, including DUNS Number and Federal Award Identification
Number (FAIN), as well as the applicable information for ARPA, are included in Exhibit C
attached hereto and incorporated herein by this reference.
P. Miscellaneous Provisions.
1. Each undersigned represents and warrants that its signature herein below has the
power, authority and right to bind their respective parties to each of the terms of this Agreement, and
shall indemnify CITY fully, including reasonable costs and attorney's fees, for any injuries or
damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is
withdrawn.
2. All Exhibits and Attachments referenced herein and attached hereto shall be
incorporated as if fully set forth in the body of this Agreement.
3. This Agreement must be signed below and may be signed in counterpart and
delivered by fax, email as a PDF (Portable Document Format) file attachment, or by other means that
displays the original or a copy of the signatures. Any subsequent amendments may be signed and
delivered in the same manner.
{Signatures on following page}
17
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year
first written above.
ATTEST:
CITY OF SANTA ANA
DAISY GOMEZ KRISTINE RIDGE
Clerk of the Council City Manager
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
Deputy City Attorney
RECOMMENDED FOR APPROVAL: SUBRECIPIENT:
LISA RUDLOFF HIBA SHUBLAK
Executive Director Executive Director
Parks, Recreation and Community Services Agency DUNS #: 034046252
In
EXHIBIT A
SCOPE OF WORK
19
Exhibit A
ALBI ARTS -BASED MINDFULNESS PROGRAM: REVISED SCOPE OF WORK
SCOPE OF WORK: A and B.) DETAILS OF THE YOUTH PROGRAM AND TARGET POPULATION
Our program implements primary prevention strategies on youth violence, using multi systematic approaches in early
childhood support for teachers, families and children. Young children will participate in arts -based activities that combine
social emotional learning (SEL), mindfulness and yoga, while teachers and families are equipped with the tools to sustain
healthy behaviors for a lifetime.
ALBI's arts -based mindfulness program is modeled after our Out -of -School Time (OST) 2017-2020 camps combined with
standards and lessons from evidence -based best practices developed by: 1-The Collaborative for Academic, Social and
Emotional Learning (CASEL), 2-The National Association for the Education of Young Children (NAEYC), and 3-The CA
Arts Standards. These mixed -method strategies use progressive arts -based lessons coupled with foundational areas of
SEL and character building to strengthen underlying development processes such as focus, resilience and self -care. The
program prepares young children to use their creative talents to develop a sense of identity, independence, discipline and
self-worth through a series of coordinated activities and experiences that help them to become socially, emotionally,
physically, morally, and cognitively competent. Young children will develop and apply valuable tools for maneuvering
through life's many challenges while teachers and families participate in meaningful proficiency workshops that support
children's growth as well as their own mental and physical health. Teachers, families, and caregivers will learn ways to
help reduce and manage stress and anxiety, improve wellness, strengthen relationships and connectivity, and build
healthy habits using mindful strategies and coping tools to support self -care and enhance community well-being.
Program Target Audience: Santa Ana at -risk youth ages 3years-10 years attending Monte Vista Elementary School
Program Tasks: Every class encompasses the development of English -Language skills as well as provides opportunities
for children to explore and innovate their ideas through creative expression. Students experience a wide variety of
techniques and methods to produce meaningful artworks ready for showcase. We teach a full sequence of skills that
allows students to perform at their best. Each day is wrapped with SEL and character building activities. Students
participate in collaborative groups that identify and develop personal leadership skills, positive attitudes and behaviors,
which lead to accomplishments and proud achievements towards a healthy life. Program activities and outcomes are
defined based on four main areas to encourage positive youth development included in classroom time:
1. SKILL BUILDING/CREATING: Learning activities include skills assessment, goal planning, and group
activities, with an emphasis on personal development, critical thinking, centered on violence prevention.
Students will learn foundational skills to conceptualize, develop, and refine ideas that are methodically
explored and analyzed through a multitude of arts -based activities combined with problem solving and
personal development. Expert teaching artists will conduct classes on life skills, self and body awareness,
self-identity, conflict resolution, and communication through body awareness, breath, and mindfulness.
2. RESPONDING/CONNECTING: Working activities involve different types of arts -based activities such as theatre
and dance to build communication, problem -solving skills, team building, and empathy by connecting with peers
and adults who demonstrate positive social behaviors. Additionally, students participate in emerging visual and
literary arts with an emphasis on more solitary activities that can allow for self -reflection and mood control.
Activities will also help students discover an appreciation and inspiration for optimal growth as well as motivation
to achieve personal goals.
3. PERFORMING/PRESENTING: Meaningful activities allow students to use their creative talents to develop a
sense of identity, independence, discipline, and self-worth. After weeks of preparation, students proudly
showcase their art projects, social -emotional journals and final video performances. In their final
presentation, students will demonstrate mastery of arts -based and mindfulness skills to highlight leadership
skills, self-confidence, socialization and self -efficacy.
4. RECOGNITION: Students will participate in SEL activities to gain an understanding of humane values,
empathy, and a sense of social justice. Activities are focused on social and behavioral skills in youth
violence prevention; such as anti -bullying, accepting differences in others, recognizing and learning to deal
with their emotions. Students will be recognized for their accomplishments during regular performance
evaluations and feedback provided by the teachers, their culminating presentation, and individualized
coping skills toolbox.
Program Deliverables: During the program, students spend 50-minute sessions working on various skills in performing
arts to prepare for a final showcase: pre -post assessments, a performance video on crime prevention, art journals and a
coping mechanisms box.
1. Pre -Post Assessments: We use a rubric to measure mastery (pretest) and (posttest) of skills, as our assessment
method per session.
2. Performance Video: Young artists will gain skill enrichment, self-expression, stress relief and socialization through
meaningful activities that will be recognized and rewarded at culminating events. Our curriculum builds in a
20
Exhibit A
weekly series that begins with foundational skills and technique; then is meticulously explored and analyzed
through a multitude of activities and projects that end with a culminating performance, documented by video.
3. Art Journals: Students explore intrapersonal communication, use personal choices, and practice empathy through
daily lessons and social emotional skills based on 3 concepts (I Am, I Belong, I Can). Using CASEL (The
Collaborative for Academic, Social, and Emotional Learning) guidelines, students create their very own journal of
self -expressions, thoughts and feelings that encase all elements of social and emotional learning.
4. Coping Skills Mechanisms Box: Throughout the session children decorate an empty box with pictures, quotes,
drawings, and other designs and items that serve as a reflection of what makes them happy. Students will build
an actual physical container that houses items they create to help calm down and express their emotions in
healthy ways.
Program Target Audience: Teachers, families, and caregivgrq of children ages 3years-10 years of at risk Santa Ana
youth attending Monte Vista Elementary.
Program Tasks: ALBI programs are designed to offer a broad range of teaching strategies that are culturally responsive
and engage students as active participants in their learning during class time with their teachers. We believe in working
with teachers and parents to maximize sustained and intentional arts education and mindfulness strategies that engage
the whole learner. In general populations and trauma -exposed adults, mindfulness interventions have demonstrated
reduced depression and anxiety, reduced trauma -related symptoms, enhanced coping and mood, and improved quality of
life. Studies in children and youth also demonstrate that mindfulness interventions improve mental, behavioral, and
physical outcomes. Our program will deliver professional development support, facilitate school environmental changes,
offer parent education and work collaboratively within the surrounding community to influence leadership roles at the
school site for positive and sustainable outcomes.
Classroom Teacher Professional Development and Support: ALBI programs believe in empowering school staff and
teachers for sustainability in arts integrated and mindfulness education strategies. To support teachers in development
and leadership, we will provide revitalizing teaching methods through the arts that include professional development and
ongoing staff support. Our expert teaching artists will work closely with classroom teachers throughout the school year
so that they are confident in the skills and knowledge needed to lead arts and mindfulness integrated activities into their
classes. To foster change efforts at the school, we will support teachers through professional training, collaborative
meetings, and classroom partnerships. In addition, teachers will receive professional development training in lessons
with insightful art -based mindfulness integration and teacher partnerships to help increase and sustain the incorporation
in the classrooms. By developing the personal skills instrumental in promoting behavioral change and educational
success, sustained involvement in the arts and mindfulness education process makes it concrete. We will support
teachers in learning how to practice self -care and mindfulness by introducing tools, materials, and techniques that are
tangible and relevant to students and their educators. Teachers will receive 9 in-depth professional development
workshops in mindfulness and self -care per school year, along with 36 hours of hands-on learning lessons with
students.
Parent/Families and Caregivers Education: Family involvement is also vital as it creates a positive collaboration and a
mutual respect between the parent and school. The more parents feel involved, valued, and regarded as a partner, the
more they will support the school and encourage their child. Parent workshops will also be provided to extend arts -
based mindfulness strategies that engage students in a variety of learning styles, refine critical thinking skills and
strengthen the family bond. Parents will have the opportunity to attend a total of 12 one -hour innovative workshops in
mental health, physical health, emotional wellbeing for sustained wellness. In collaboration with community partners,
parents will also receive positive and healthy resources. This directly benefits the family unit with healthy messages, at
home, in the school environment and extends into the community. By exposing students and parents to positive
influences and resources in the local community, the school serves as a helpful resource to educate the whole child.
Program Deliverables: The core concepts of our support strategies to inspire shared leadership roles for school staff,
teachers, students and parents is through continuous collaborative efforts that engage participants as advocates and
leaders in the schools and community. By implementing multiple strategies to transform whole school performance and
maximize sustainable arts -based integration with mindfulness education. ALBI will administer pre -post assessments,
while teachers and families build a tool box of resources specific to their individual needs. This kit will contain a
repertoire of resources filled with mindful practices, self -care techniques, healthy community resources, classroom
activities and parenting techniques that reduce stress and increase resilience.
DURATION OF THE PROGRAM
ALBI arts -based mindfulness program will be conducted in three 12-week School Sessions, and one 4-week Summer
Session. There will be intermittent breaks in classes in-between each session for evaluation and planning. Adjustments
may be made depending on the SAUSD school calendar to take into consideration holidays and non -teaching days. The
last week of each 12-week session will focus on preparation dedicated to culmination projects. Classes are offered once
a week for 50 minutes each. Some classes are offered more than once to provide a broader range of options for
21
Exhibit A
students. The schedules will be developed prior to the start of each session based on the needs identified in the session
prior. These sessions will include classes during the school day Monday through Friday between 8:00 am to 3:00 pm and
will operate as follows:
Table A
Target Audience
Number of Classroom Hours
Deliverables Per Session
Students
36 weeks (Three 12-week programs)
1. Pre/Post Assessments
Tk-5th grade
30 hours/session (90 hrs. total)
2. Art Journals
3years-10 years
PLUS
3. Coping Mechanisms Box
One 4-week Summer Session (20 hrs. total)
4. Performance Video
3 In-depth PD workshops/session (9 total)
1. Pre/Post Assessments
PLUS
2. Tool Box -Resources
Teachers
36 weeks (Three 12-week programs)
Tk-5th Grade
30 hours/session (90 hrs. total)
PLUS
One 4-week Summer Session (20 hrs. total)
Families/Caregivers
4 Workshops/session (12 total)
1. Pre/Post Assessments
EC/Elementary
2. Tool Box -Resources
■ Fall: September- November, 2022
■ Winter: January -February 2023
Session Calendar
0 Spring: March- May 2023
• Summer: June 2023
22
EXHIBIT B
FEE PAYMENT SCHEDULE
23
Exhibit B
FISCAL YEAR 2022-2023
PROPOSED PROGRAM BUDGET
Organization Name ALBI
Program Name ALBI-Arts Based Mindfulness Program
Term: July 1, 2022 to June 30, 2023
EXPENDITURES
Enter budget categories and projected expenditures:
Category
Expenditures
Funded By
Santa Ana
REVIVE Funds
Expenditures
Funded By
Other Sources
Program
Budget
Total
Organization
Budget
Administrative Staff Salaries
$18,857
$18,857
$ 18,857
Program Staff Salaries
$29,012
$29,012
$ 29,012
Contractual Services
$0
$0
Other-
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
TOTAL
1 $47,869
$0
$47,8691
$47,869
PROGRAM RESOURCES
LIST ALL OTHER PROGRAM RESOURCES FOR 2022-2023
Funding Source Total must equal Program Budget Total listed above.
FUNDING SOURCE AMOUNT
Santa Ana REVIVE $ 47,869
TOTAL $ 47,869
24
Exhibit B
2022-2023 REVIVE BUDGET LINE ITEMS
ADMINISTRATIVE STAFF
Position Title
Annual Salary & Benefits
REVIVE Funds
Description
Executive Director
60,000
$4,351
Management of Program
Program Coordinator
28,000.00
$14,506
Coordinate Program
PROGRAM STAFF
Position Title
Annual Salary & Benefits
REVIVE Funds
Description
Teaching Artist
$14,506
SEL, Gang Prevention
Teaching Artist
$14,506
SEL, Gang Prevention
CONTRACTUAL/PROFESSIONAL SERVICES
Type of Service Contract Amount REVIVE Funds Description
OTHER LINE ITEMS
Line Item Program Amount REVIVE Funds Description
Attachment 1(b)
25
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.
II. 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.
26
IV. FEDERAL AWARD IDENTIFICATION
FAIN INFORMATION
A.
CONTRACTOR Name:
ALBI (ACTIVE LEARNING BELIEVE & INSPIRE)
B.
CONTRACTOR'S Unique
034046252
Identifier (D-U-N-S):
Federal Award
C.
Identification Number
SLFRP 1059
(FAIN):
D.
Federal Award Date:
5/19/2021
E.
Subaward Period of
7/l/2022-6/30/2023
Performance:
Total Amount of Federal
F.
Funds Obligated by the
$47,869
Action:
Total Amount of Federal
G.
Funds Obligated to the
$47,869
CONTRACTOR:
H.
Total Amount of the
$64,180,406.50
Federal Award:
Federal Award Project
American Rescue Plan Act (ARPA)
L
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:
kridge(d),santa-ana.org
M.
CFDA Number:
21.027
CFDA Name:
Coronavirus State and Local Fiscal Recovery Funds
N.
Whether Award is R&D:
No
O
Indirect Cost Rate for the
de minimus or federally negotiated rate
Federal Award:
27
EXHIBIT D
DEBARMENT
Certification Regarding
Debarment, Suspension, Ineligibility and Voluntary Exclusion
Lower Tier Covered Transactions
This certification is required by the regulations implementing Executive Order 12549, Debarment and
Suspension, 29 CFR Part 98, Section 98.510, Participants' responsibilities. The regulations were
published as Part VII of the May 26,1988 Federal 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.
Name and Title of Authorized Representative
Signature Date
INSTRUCTIONS FOR CERTIFICATION
By signing and submitting this proposal, the prospective recipient of federal assistance funds
is providing the certification as set out below.
2. The certification in this clause is a material representation of fact upon which reliance was
placed when this transaction was entered into. If it is later determined that the prospective
recipient of federal assistance funds knowingly rendered an erroneous certification, in
addition to other remedies available to the Federal Government, the Department of Labor
(DOL) may pursue available remedies, including suspension and/or debarment.
3. The prospective recipient of federal assistance funds shall provide immediate 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.
7. 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.
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.
29
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.
30
EXHIBIT E
LOBBYING
Certification Regarding Lobbying
Certification for Contracts, Grants, Loans, and Cooperative Agreements
The undersigned certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee of
any agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with the awarding of any Federal contract, the making of any
cooperative agreement, and the extension, continuation, renewal, amendment, or modification of
any Federal contact, grant, loan or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person
for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall
complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance
with its instructions.
(3) The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontract, subgrants, and contracts under
grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose
accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making
or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who
fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and
not more than $100,000 for each such failure.
Grantee/Contactor Organization
Program Title
Name of Certifying Officer Signature Date
31
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.
32
EXHIBIT F
DRUG -FREE WORKPLACE
Certification Regarding Drug -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;
33
(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).
B. The contractor shall insert in the space provided on the attached "Place of Performance"
form the site(s) for the performance of work to be carried out with the grant funds
(including street address, city, county, state, and zip code) .the contractor further certifies
that, if it is subsequently determined that additional sites will be used for the performance
of work under the contract, it shall notify the U.S. Department of Housing and Urban
Development immediately upon the decision to use such additional sites by submitting a
revised "Place of Performance" form.
Organization
Authorized Signature Date
34
PLACE OF PERFORMANCE
FOR CERTIFICATION REGARDING DRUG -FREE
WORKPLACE REQUIREMENTS
Name:
Date:
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):
35
AGREEMENT BETWEEN THE CITY OF SANTA ANA AND
AMERICA ON TRACK FOR USE OF
AMERICAN RESCUE PLAN ACT (ARPA) FUNDS
This Agreement is hereby made and entered into this 3rd day of May, 2022, by and
between the City of Santa Ana, a charter city and municipal corporation organized and existing
under the Constitution and laws of the State of California ("CITY"), and America On Track,
a California domestic nonprofit corporation ("SUBRECIPIENT" or "CONTRACTOR").
RECITALS:
A. The American Rescue Plan Act ("ARPA") was signed into law in March 2021. ARPA
provides funding for a number of different programs, including the Coronavirus State and
Local Fiscal Recovery Fund ("SLFRF"), to provide monetary support to local governments
to respond to, mitigate, and recover from the COVID-19 public health emergency.
B. On July 20, 2021, the Santa Ana City Council authorized the City Manager to utilize ARPA
SLFRF funding from the United States Department of Treasury for the Revive Santa Ana
Spending Plan, which includes five spending categories: recovery from the pandemic, direct
assistance programs, public health and safety, critical infrastructure, and city fiscal health.
C. SUBRECIPIENT has been selected by the CITY to receive ARPA SLFRF Funds in order to
provide youth programs, including: early childhood support; head start; day care; after school
tutoring; athletic; and, youth violence prevention, in accordance with the Scope of Work
attached hereto as Exhibit A and incorporated herein by reference ("said program").
SUBRECIPIENT represents that it is qualified and willing to operate said program and
certifies that the administration of said program carried out with funds provided under this
Agreement will meet ARPA's objectives to respond to, mitigate, and recover from this
historic COVID-19 public health crisis.
D. SUBRECIPIENT agrees that it will adhere to the tasks and services as indicated in Exhibit A
for said program. Failure to follow the requirements and meet the stated expectations may
constitute breach of contract that could result in termination of this Agreement or serve as
reason for the CITY to recapture the grant funds awarded to SUBRECIPIENT pursuant to
this Agreement.
WHEREFORE, it is agreed by and between the parties that the foregoing Recitals are a
substantive part of this Agreement and the following terms and conditions are approved and together
with all exhibits and attachments hereto, shall constitute the entire Agreement between the CITY and
SUBRECIPIENT:
I. ARPA PROGRAM PROVISIONS
A. Scope of Work. SUBRECIPIENT shall be responsible for the specific tasks and
services of said program, and agrees to administer said program in compliance with the tasks and
services as described in the Scope of Work attached hereto as Exhibit A. SUBRECIPIENT's failure
to perform as required may, in addition to other remedies set forth in this Agreement, result in
readjustment of the amount of funds for said program or termination of this Agreement.
B. Term of Agreement. The term of said Agreement shall commence on July 1 st, 2022,
and continue through June 30, 2023 ("Term"), unless terminated earlier pursuant to the terms of
this Agreement. This Agreement shall also cover any and all services provided by the
SUBRECIPIENT to the CITY since the date the ARPA SURF Funds were awarded to the CITY.
Additionally, the Term of this Agreement may be extended by a writing executed by the City
Manager, or designee, and the City Attorney.
C. Amount of Grant Funding. The total amount of funds provided for said program
shall not exceed One Hundred Twenty -Five Thousand Dollars and Zero Cents ($125,000) ("ARPA
SURF Funds") during the Term of the Agreement. SUBRECIPIENT agrees to use said ARPA
SURF Funds to administer said program as outlined in Exhibit A.
D. Disbursement of Funds. Said ARPA SURF Funds shall be disbursed by CITY to
SUBRECIPIENT pursuant to the terms found in the Fee Payment Schedule attached hereto as
Exhibit B, with payments subject to the submittal of invoices and other reporting requirements,
as hereinafter more fully set forth. SUBRECIPIENT shall be obligated to perform such duties as
would normally extend beyond the term, including, but not limited to, obligations with respect to
indemnification, audits, reporting, data retention/reporting, and accounting. Failure to provide any
of the required documentation and reporting will cause CITY to withhold all or a portion of a
request for ARPA SURF Funds, or return the entire request to SUBRECIPIENT, until such
documentation and reporting has been received and approved by CITY.
(1) Reduction in ARPA 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 SUBRECIPIENT's rate of
expenditure will result in unspent funds at the end of the program term. Amendments in the grant
allocation will be made after consultation with SUBRECIPIENT.
(3) Reversion of Assets. SUBRECIPIENT agrees that any and all funds received
under this Agreement shall be utilized during the Term of this Agreement, and that any and all funds
remaining as of the end of the Term, which have not been utilized, shall be returned by
SUBRECIPIENT to the CITY within thirty (30) days of the expiration or earlier termination of the
Agreement. No expense of SUBRECIPIENT will be reimbursed by CITY if incurred after the end
of the Term of the Agreement.
2
E. Grant Program Requirements.
(1) SUBRECIPIENT acknowledges that the source of funding for said program is the
federal ARPA, and that payments from the ARPA SURF Funds are only to be used to make
necessary expenditures incurred due to the public health emergency with respect to COVID-19.
(2) SUBRECIPIENT acknowledges that ARPA provisions allow the use of ARPA
SURF Funds to respond to, mitigate, and recover from the COVID-19 public health emergency, and
will not use these funds for any other uses.
(3) SUBRECIPIENT shall follow the process and determination of eligibility for
participants in said program as outlined in Exhibit A.
F. Performance Monitoring.
(1) SUBRECIPIENT shall submit program performance information as often as
requested by CITY, but no less than the submission of monthly reports and a final report to CITY
with the information requested by and in the format acceptable to CITY. Each monthly report is due
within thirty (30) days of completion of work for each month. The final report is due within thirty
(30) days after the termination or expiration of this Agreement.
(2) CITY will evaluate SUBRECIPIENT's management and operation of said
program with respect to the project expectations as described in Exhibit A.
(3) CITY will review the audit of the SUBRECIPIENT to ensure that grant funds are
used for authorized purposes in compliance with laws, regulations, and the provisions of contracts or
grant agreements under this Agreement, including attachments and exhibits.
(4) If action to correct any substandard performance is not taken by the
SUBRECIPIENT within a reasonable period after being notified by CITY, suspension or termination
procedures may be initiated by CITY.
(5) All performance shall be subject to review by the CITY or other regulatory
agencies at all times. SUBRECIPIENT shall provide adequate cooperation to any inspector or other
CITY representative to permit the same to determine SUBRECIPIENT's conformity with the terms
of this Agreement. If any services performed by SUBRECIPIENT are not in conformance with the
terms of this Agreement, the CITY shall have the right to require SUBRECIPIENT to perform the
services in conformance with the terms of the Agreement at no additional cost. The CITY may also
terminate this Agreement for default and charge SUBRECIPIENT for any costs incurred by the CITY
because of SUBRECIPIENT's failure to perform.
(6) SUBRECIPIENT shall establish adequate procedures for self -monitoring and
quality control and assurance to ensure proper performance under this Agreement; and shall permit a
CITY representative or other regulatory official to monitor, assess, or evaluate SUBRECIPIENT's
performance under this Agreement at any time, upon reasonable notice to SUBRECIPIENT.
G. Audit.
(1) SUBRECIPIENT shall maintain complete and accurate records and supporting
documentation to facilitate financial and/or program audits by CITY. This requirement shall apply
to any records and documentation CITY shall reasonably require or as required to be maintained
pursuant to the ARPA regulations.
(2) The books and accounts, files, and other records of SUBRECIPIENT, which are
applicable to this Agreement, shall be available for inspection, review, and audit during normal
business hours by CITY to determine the proper application and use of all ARPA SLFRF Funds
provided to or for the account or benefit of SUBRECIPIENT.
(3) SUBRECIPIENT assumes responsibility for reimbursement to CITY a sum of
money equivalent to the amount of any expenditures disallowed should the CITY, or an authorized
agency, rule through audit, exception, or some other appropriate means, that expenditures from funds
allocated to SUBRECIPIENT for direct and/or administrative costs were not made in compliance
with the applicable cost principles, regulations, or the provisions of this Agreement.
(4) SUBRECIPIENT agrees to comply with the requirements of OMB Uniform
Guidance 2 CFR Part 200. SUBRECIPIENT further agrees to provide CITY with a copy of
completed independent auditors' report within thirty (30) days of CITY's request for such report. If
the report contains instances of non-compliance with federal laws and regulations that bear directly
on the performance or administration of this Agreement, SUBRECIPIENT shall provide CITY copies
of responses to auditors' reports, a plan for corrective action, and auditors' response that the
noncompliance has been resolved. All reports prepared in accord with the requirements of OMB
Uniform Guidance 2 CFR Part 200 shall be available for inspection by representatives of CITY or the
federal government during normal business hours.
(5) All accounting records, reports, and evidence pertaining to all costs, expenses
and the ARPA SLFRF Funds of SUBRECIPIENT and all documents related to this Agreement
shall be maintained and kept available at SUBRECIPIENT'S office or place of business for the
duration of the Agreement and thereafter for five (5) years from the date of final payment under
this Agreement. Records which relate to: (a) complaints, claims, administrative proceedings or
litigation arising out of the performance of this Agreement; or, (b) costs and expenses of this
Agreement to which CITY or any other governmental agency takes exception, shall be retained
beyond the five (5) years until complete resolution or disposition of such appeals, litigation claims,
or exceptions. In the event SUBRECIPIENT does not make the above -referenced documents
available within the City of Santa Ana, California, SUBRECIPIENT agrees to pay all necessary and
reasonable expenses incurred by CITY in conducting any audit at the location where said records and
books of account are maintained.
H. 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
M
the CITY or to third parties. SUBRECIPIENT agrees not to release or circulate in whole or part
such materials, reports, or products without prior written authorization of the CITY.
I. Close -Out. SUBRECIPIENT agrees to comply with the closeout procedures
detailed in 2 CFR §200.343, including the following:
(1) SUBRECIPIENT must submit, no later than ninety (90) calendar days after the
end date of the period of performance, all financial, performance, and other reports as required by
the terms and conditions of this Agreement;
(2) SUBRECIPIENT must promptly refund any balances of unobligated cash that
the CITY paid in advance or paid and that is not authorized to be retained by SUBRECIPIENT for
use in other projects (See OMB Circular A-129 and 2 CFR §200.345); and,
(3) CITY should complete all closeout actions for the Federal award no later than
one year after receipt and acceptance of all required final reports.
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; (ii) it has
carefully considered how the services should be performed; and, (iii) it fully understands the
facilities, difficulties and restrictions attending performance of the services under this Agreement.
(4) No Conflict. To the best of SUBRECIPIENT'S knowledge,
SUBRECIPIENT'S execution, delivery and performance of its obligations under this Agreement
will not constitute a default or a breach under any contract, agreement or order to which
SUBRECIPIENT is a party or by which it is bound.
(5) No Bankruptcy. SUBRECIPIENT is not the subject of any current or
threatened bankruptcy proceeding.
5
(6) No Pending Legal Proceedings. SUBRECIPIENT is not the subject of a
current or threatened litigation that would or may materially affect SUBRECIPIENT'S
performance under this Agreement.
(7) Proposal Veracity. All provisions of and information provided in
SUBRECIPIENT's proposal submitted to CITY, including any exhibits, are true and correct in all
material respects.
(8) No Pending Investigation. SUBRECIPIENT has no knowledge that it is the
subject of any current or threatened criminal or civil action investigation by any public agency,
including without limitation a police agency or prosecuting authority, which would relate to or
affect performance of the Agreement or provision of services hereunder.
B. Licensing. SUBRECIPIENT agrees to obtain and maintain all required licenses,
registrations, accreditation and inspections from all agencies governing its operations.
SUBRECIPIENT shall ensure that its staff shall also obtain and maintain all required licenses,
registrations, accreditation and inspections from all agencies governing SUBRECIPIENT's
operations hereunder. Such licensing requirements include obtaining a City business license, as
applicable.
C. Zoning. SUBRECIPIENT agrees that any facility/property used in furtherance of said
program shall be specifically zoned and permitted for such use(s) and activities. Should
SUBRECIPIENT fail to have the required land entitlement and/or permits, thus violating any local,
state or federal rules and regulations relating thereto, SUBRECIPIENT shall immediately make good -
faith efforts to gain compliance with local, state or federal rules and regulations following written
notification of said violation(s) from the CITY or other authorized citing agency. SUBRECIPIENT
shall notify CITY immediately of any pending violations. Failure to notify CITY of pending
violations, or to remedy such known violation(s) shall result in termination of grant funding
hereunder. SUBRECIPIENT must make all corrections required to bring the facility/property into
compliance with the law within sixty (60) days of notification of the violation(s); failure to gain
compliance within such time shall result in termination of grant funding hereunder.
D. Separation of Accounts. All funds received by SUBRECIPIENT from CITY pursuant
to this Agreement shall be maintained in an account in a federally insured banking or savings and
loan institution with record keeping of such accounts maintained pursuant to applicable 2 CFR
200.302 requirements. SUBRECIPIENT is not required to maintain separate depository accounts for
ARPA SLFRF Funds; provided however, the SUBRECIPIENT must be able to account for receipt,
obligation, distribution and expenditure of ARPA SLFRF Funds pursuant to applicable 2 CFR
200.302 requirements.
E. Audit Report Requirements. SUBRECIPIENT agrees that if SUBRECIPIENT
expends Seven Hundred Fifty Thousand Dollars ($750,000) or more in federal funds,
SUBRECIPIENT shall have an annual audit conducted by a certified public accountant in accordance
with the standards as set forth and published by the United States Office of Management and Budget.
SUBRECIPIENT shall provide CITY with a copy of said audit by April 1 of the year following the
program year in which this Agreement is executed.
2
F. Compliance with Law/Program Income. SUBRECIPIENT acknowledges that the
funds being provided by CITY for said program are received by CITY pursuant to ARPA, and that
distribution and expenditure of these ARPA SURF Funds shall be in accordance with ARPA and all
pertinent regulations issued by agencies of the federal government, including, but not limited to, all
regulations found at Title 24 of the Code of Federal Regulations. Any program income received by
SUBRECIPIENT shall be returned to CITY, unless otherwise provided for in this Agreement.
SUBRECIPIENT agrees to comply fully with all federal, state and local laws and court orders
applicable to its operation and administration of said program, whether or not referred to in this
Agreement.
G. Debarment. To protect the public interest and ensure the integrity of Federal
programs, CITY may only conduct business with responsible persons and may not make any award
or permit any award to any party which is debarred or suspended or is otherwise excluded from or
ineligible for participation in Federal assistance programs under Executive Order 12549,
"Debarment and Suspension". See also 24 CFR 570.609. SUBRECIPIENT must review and sign
Exhibit D "Debarment", which is attached hereto and incorporated herein by this reference.
SUBRECIPIENT shall be in good standing, without suspension by the California Secretary of State,
Franchise Tax Board or Internal Revenue Service. Any change in the corporate status or suspension
of SUBRECIPIENT shall be reported immediately to CITY.
H. Confidentiality. Without prejudice to any other provisions of this Agreement,
SUBRECIPIENT shall, where applicable, maintain the confidential nature of information provided
to it concerning participants in accordance with the requirements of federal and state law. However,
SUBRECIPIENT shall submit to CITY or its representatives, all records requested, including audit,
examinations, monitoring and verifications of reports submitted by SUBRECIPIENT, costs incurred
and services rendered hereunder.
I. Independent Contractor. SUBRECIPIENT agrees that the performance of obligations
hereunder is rendered in its capacity as an independent contractor and that it is in no way an agent of
CITY.
J. Violation of Terms and Conditions. SUBRECIPIENT agrees that if SUBRECIPIENT
violates any of the terms and conditions of this Agreement or any prior Agreement whereby ARPA
SURF Funds were received by SUBRECIPIENT, or if SUBRECIPIENT reports inaccurately, or if
on audit there is a disallowance of certain expenditures, SUBRECIPIENT agrees to remedy the acts
or omissions causing the disallowance and repay CITY all amounts spent in violation thereof. If
SUBRECIPIENT engaged in fraudulent activity to obtain and/or justify distribution or expenditure
of the ARPA SURF Funds granted hereunder, SU 3RECIPIENT shall be required to reimburse the
CITY of all such funds that were obtained, distributed and/or spent under fraudulent circumstances.
K. Fraud. SUBRECIPIENT shall immediately report all suspected or known instances
and facts concerning possible fraud, abuse or criminal activity related to said program for the ARPA
SURF Funds under this Agreement.
7
L. Prohibited Use. SUBRECIPIENT hereby certifies and agrees that it will not use
ARPA SLFRF Funds provided through this Agreement to pay for entertainment, meals or gifts, or
other prohibited uses.
M. Lobbying. SUBRECIPIENT certifies that it will comply with federal law (31 U.S.C.
1352) and regulations found at 24 CFR Part 87, which provide that no appropriated funds may be
expended by the recipient of a federal contract, grant, loan or cooperative agreement to pay any person
for influencing or attempting to influence an officer or employee of any agency, Member of Congress,
or an officer or employee of a Member of Congress in connection with awarding of any federal
contract, the making of any federal grant or loan, entering into any cooperative agreement and the
extension, renewal, amendment or modification of any federal contract, grant, loan or cooperative
agreement. SUBRECIPIENT shall sign a certification to that effect in a form as set forth in Exhibit
E, attached hereto and by this reference incorporated herein. SUBRECIPIENT shall submit said
signed certification to CITY prior to performing any of its obligations under this Agreement and prior
to any obligation arising on the part of CITY to pay any sums to SUBRECIPIENT under the terms
and conditions of this Agreement.
If any funds other than Federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any agency, a Member
of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall
complete and submit a "Disclosure Form to Report Lobbying," in accordance with its instructions
(Exhibit E).
N. Financial Interest. SUBRECIPIENT agrees that except for the use of administrative
fees to pay salaries and other related administrative or personnel costs, no persons who exercise or
have exercised any function with respect to administering said program under the 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 SURF Funds shall provide equal
employment opportunities for minorities and women.
Q. Women and Minority -Owned Businesses (W/MBE). SUBRECIPIENT will use its
best efforts to afford small businesses, minority business enterprises, and women's business
enterprises the maximum practicable opportunity to participate in the performance of this
Agreement in accordance with the requirements of 2 CFR 200.321 "Contracting with small and
minority businesses, women's business enterprises, and labor surplus area firms". As used in this
Agreement, the term "small business" means a business that meets the criteria set forth in section
3(a) of the Small Business Act, as amended (15 U.S.C. 632), and "minority and women's business
enterprise" means a business at least fifty-one percent (51 %) owned and controlled by minority
group members or women. For the purpose of this definition, "minority group members" are
African -Americans, Spanish-speaking, Spanish surnamed or Spanish -heritage Americans, Asian -
Americans, and American Indians. SUBRECIPIENT may rely on written representations by
businesses regarding their status as minority and female business enterprises in lieu of an
independent investigation.
R. Drug Free Workplace. SUBRECIPIENT agrees to provide a drug -free workplace and
to execute a certification as set forth in Exhibit F attached hereto and incorporated herein by this
reference.
S. Uniform Administrative Requirements, Cost Principles, and Audit Requirements
for Federal Awards. The following requirements and standards must be complied with: 2 CFR
Part 200 et al. SUBRECIPIENT shall procure all materials, property, or services in accordance
with the requirements of 2 CFR 200.318-326.
III. CITY'S OBLIGATIONS
A. Audit of Account. CITY shall include an audit of the account maintained by
SUBRECIPIENT in CITY's audit of all ARPA SURF 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
0
performed its obligations as stated in this contract in a satisfactory manner, or if the CITY
determines that insufficient supporting information has been submitted, the CITY shall notify the
SUBRECIPIENT in writing of its determination specifying in full detail the objections that it has
to the SUBRECIPIENT's performance. If action to correct such substandard performance is not
taken by the SUBRECIPIENT after being notified by the CITY, within a reasonable period of time
as stipulated in the written notification, contract suspension or termination procedures will be
initiated.
IV. GENERAL PROVISIONS
A. Non -Discrimination.
1. SUBRECIPIENT agrees to comply with Executive Order 11246, which requires
that during the performance of this Agreement, SUBRECIPIENT agrees not to discriminate against
any employee or applicant for employment because of race, religion, sex, color or national origin.
Such action shall include, but not be limited to the following: employment, upgrading, demotion, or
transfer, rates of pay or other forms of compensation, and selection for training, including
apprenticeship. SUBRECIPIENT agrees to post in conspicuous places, available to employees and
applicants for employment, notices to be provided by the SUBRECIPIENT setting forth the
provisions of this nondiscrimination clause.
2. SUBRECIPIENT agrees to comply with Title VI of the Civil Rights Act of 1964,
which indicates that no person shall, on the ground of race, color or national origin, be excluded from
participation in, be denied the benefits of, or be subject to discrimination under any program of activity
receiving federal financial assistance.
3. No person shall, on the grounds of race, sex, creed, color, religion, marital status,
national origin, age, sexual orientation, or physical or mental handicap be excluded from participation
in, be refused the benefits of, or otherwise be subject to discrimination in any activities, programs or
employment supported by this Agreement. SUBRECIPIENT is prohibited from discrimination on
the basis of age or with respect to an otherwise qualified handicapped person as provided for under
Section 109 of the Housing and Community Development Act of 1974, as amended.
4. SUBRECIPIENT agrees to comply with the Age Discrimination Act of 1975,
which requires that during the performance of this Agreement, SUBRECIPIENT agrees not to
discriminate against any employee or applicant for employment because of age. Such action shall
include, but not be limited to the following: employment upgrading, demotion, or transfer, rates of
pay or other forms of compensation, and selection for training, including apprenticeship.
SUBRECIPIENT agrees to post in conspicuous places, available to employees and applicants for
employment, notices to be provided by the SUBRECIPIENT setting forth the provisions of this age
discrimination clause.
5. SUBRECIPIENT agrees to comply with Section 504 of the Rehabilitation Act of
1973, which requires that no otherwise qualified individual with a disability in the United States, shall,
solely by reason of his or her disability, be excluded from the participation in, be denied the benefits
of, or be subjected to discrimination under any program or activity receiving federal financial
10
assistance or under any program or activity conducted by any executive agency or by the United
States Postal Service.
B. Conflict of Interest. Pursuant to the conflict of interest requirements set forth in 24
CFR 570.611 and 2 CFR 200.112, SUBRECIPIENT certifies that no member, officer, employee,
agent or assignee of CITY having direct or indirect control of any ARPA SLFRF Funds granted to
the CITY, inclusive of the subject ARPA SLFRF Funds, shall serve as an officer of SUBRECIPIENT.
Further, any conflict or potential conflict of interest of any officer of SUBRECIPIENT shall be fully
disclosed in writing prior to the execution of this Agreement and said writing shall be attached and
deemed fully incorporated as a part hereof. Notice shall be sent by SUBRECIPIENT to CITY
regarding any changes or modifications to its board of directors and list of officers.
C. Special Certification for Religious Entities. If SUBRECIPIENT is a religious entity,
SUBRECIPIENT hereby agrees that in connection with the provision of the services
SUBRECIPIENT shall provide with ARPA SLFRF Funds, in accordance with 24 CFR 570.2000):
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
11
section, the term "immediate family" means spouse, child, mother, father, brother, sister, brother-in-
law, sister-in-law, father-in-law, mother-in-law, son-in-law, daughter-in-law, aunt, uncle, niece,
nephew, stepparent and stepchild. The term "administrative capacity" means having selection, hiring,
supervisor or management responsibilities.
E. Notices. Notices to the parties shall, unless otherwise requested in writing, be sent by
U.S. Mail, postage prepaid, and addressed as follows:
TO CITY: City of Santa Ana
Lisa Rudloff
Executive Director
Parks, Recreation and Community Services Agency
20 Civic Center Plaza
P.O. Box 1988
Santa Ana, California 92702-1988
TO SUBRECIPIENT:
America On Track
Claire Braeburn
Executive Director
600 W Santa Ana Blvd, Suite 710
Santa Ana, CA 92701
F. Assi _ng ability. 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 and the results of that work by the Contractor, its agents,
representatives, employees, or subcontractors.
12
a. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad
as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00
O1 covering CGL on an "occurrence" basis, including products and completed
operations, property damage, bodily injury and personal & advertising injury
with limits no less than $2,000,000 per occurrence. If a general aggregate limit
applies, either the general aggregate limit shall apply separately to this
project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be
twice the required occurrence limit.
2. Automobile Liability: Insurance Services Office Form Number CA 0001
covering, Code 1 (any auto), or if Contractor has no owned autos, Code 8 (hired)
and 9 (non -owned), with limit no less than $1,000,000 (if program services
includes transportation of youth, the limit shall be no less than $5,000,000) per
accident for bodily injury and property damage. (Not required if an automobile
is not required to fulfill services.)
3. Workers' Compensation: insurance as required by the State of California, with
Statutory Limits, and Employer's Liability Insurance with limit of no less than
$1,000,000 per accident for bodily injury or disease.
4. Sexual Abuse or Molestation (SAM) Liability: If the CGL policy referenced
above is not endorsed to include affirmative coverage for sexual abuse or
molestation, Contractor shall obtain and maintain a policy covering Sexual
Abuse and Molestation with a limit no less than $1,000,000 per occurrence or
claim.
5. If the Contractor maintains broader coverage and/or higher limits than the
minimums shown above, the City requires and shall be entitled to the broader
coverage and/or the higher limits maintained by the Contractor. Any available
insurance proceeds in excess of the specified minimum limits of insurance and
coverage shall be available to the City.
b. Other Insurance Provisions — The insurance policies are to contain, or be endorsed to
contain, the following provisions:
1. Additional Insured Status: The City, its officers, officials, employees, and
volunteers are to be covered as additional insureds on the CGL policy with
respect to liability arising out of work or operations performed by or on behalf
of the Contractor including materials, parts, or equipment furnished in
connection with such work or operations. General liability coverage can be
provided in the form of an endorsement to the Contractor's insurance (at least
as broad as ISO Form CG 20 10 11 85 or if not available, through the addition
of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if a
later edition is used).
2. Primary Coverage: For any claims related to this contract, the Contractor's
insurance coverage shall be primary coverage at least as broad as ISO CG 20
0104 13 as respects the City, its officers, officials, employees, and volunteers.
13
Any insurance or self-insurance maintained by the City, its officers, officials,
employees, or volunteers shall be excess of the Contractor's insurance and shall
not contribute with it.
3. Notice of Cancellation: Each insurance policy required above shall state that
coverage shall not be canceled, except with notice to the City.
4. Waiver of Subrogation: Contractor hereby grants to City a waiver of any right
to subrogation which any insurer of said Contractor may acquire against the
City by virtue of the payment of any loss under such insurance. Contractor
agrees to obtain any endorsement that may be necessary to affect this waiver of
subrogation, but this provision applies regardless of whether or not the City has
received a waiver of subrogation endorsement from the insurer.
5. Self -Insured Retentions: Self -insured retentions must be declared to and
approved by the City. The City may require the Contractor to purchase coverage
with a lower retention or provide proof of ability to pay losses and related
investigations, claim administration, and defense expenses within the retention.
The policy language shall provide, or be endorsed to provide, that the self -
insured retention may be satisfied by either the named insured or City.
6. Acceptability of Insurers: Insurance is to be placed with insurers authorized to
conduct business in the state with a current A.M. Best's rating of no less than
A:VII, unless otherwise acceptable to the City.
7. Claims Made Policies: If any of the required policies provide coverage on a
claims -made basis:
1. The Retroactive Date must be shown and must be before the date of the
contract or the beginning of contract work.
2. Insurance must be maintained and evidence of insurance must be
provided for at least five (5) years after completion of the contract of
work.
3. If coverage is canceled or non -renewed, and not replaced with another
claims -made policy form with a Retroactive Date prior to the contract
effective date, the Contractor must purchase "extended reporting"
coverage for a minimum of five (5) years after completion of contract
work.
8. Verification of Coverage: Contractor shall furnish the City with original
Certificates of Insurance including all required amendatory endorsements (or
copies of the applicable policy language effecting coverage required by this
clause) and a copy of the Declarations and Endorsement Page of the CGL policy
listing all policy endorsements to City before work begins. However, failure to
obtain the required documents prior to the work beginning shall not waive the
Contractor's obligation to provide them. City reserves the right to require
complete, certified copies of all required insurance policies, including
endorsements required by these specifications, at any time.
14
9. Special Risks or Circumstances: City reserves the right to modify these
requirements, including limits, based on the nature of the risk, prior experience,
insurer, coverage, or other special circumstances.
I. Termination.
1. This Agreement may be terminated on thirty (30) days' written notice by either
party. In the event of such termination, SUBRECIPIENT shall only be entitled to reimbursement for
approved expenses incurred to the effective date of termination.
2. This Agreement may be suspended or terminated by CITY upon five (5) days'
written notice for violation by SUBRECIPIENT of Federal Laws governing the use of ARPA SURF
Funds. 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.
15
J. Limitation of Funds. The United States of America may in the future place
programmatic or fiscal limitations on the use of ARPA SLFRF Funds, which limitations are not
presently anticipated. Accordingly, CITY reserves the right to revise this Agreement in order to take
account of actions affecting ARPA program funding. In the event of funding reduction, CITY may,
in its sole and absolute discretion, reduce the budget of this Agreement, may limit the rate of
SUBRECIPIENT's authority to utilize funds, or may restrict SUBRECIPIENT's use of uncommitted
funds. Where CITY has been directed to implement a reduction in funding, with respect to funding
for this Agreement, CITY's City Manager or delegate is authorized to act for CITY in implementing
and effecting such a reduction and in revising, modifying, or amending the Agreement for such
purposes. If such a reduction in funding occurs, SUBRECIPIENT shall be permitted to de -scope
accordingly. Where CITY has reasonable grounds to question SUBRECIPIENT's fiscal
accountability or compliance with this Agreement, CITY may suspend the operation of this
Agreement for up to sixty (60) days upon five (5) days written notice to SUBRECIPIENT of its
intention to so act, pending an audit or other resolution of such questions. In no event, however, shall
any revisions made by CITY affect expenditures and legally binding commitments made by
SUBRECIPIENT before it received notice of such revision, provided that such amounts have been
committed in good faith and are otherwise allowable and that such commitments are consistent with
ARPA SLFRF Funds withdrawal guidelines.
K. Exclusivity and Amendment of Agreement. This Agreement supersedes any and all
other agreements, either oral or in writing, between the parties hereto with respect to the use of CITY's
ARPA SLFRF Funds by SUBRECIPIENT and contains all the covenants and agreements between
the parties with respect to SUBRECIPIIENT's administration of said program. Each party to this
Agreement acknowledges that no representations, inducements, promises or agreements, orally or
otherwise, have been made by any party, or anyone acting on behalf of any party, which are not
embodied herein, and that no other agreement or amendment hereto shall be effective unless executed
in writing and signed by both CITY and SUBRECIPIENT.
L. Laws Governingthis his 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.
16
O. Federal Award Identification Information. SUBRECIPIENT's pertinent Federal
Award Identification Information, including DUNS Number and Federal Award Identification
Number (FAIN), as well as the applicable information for ARPA, are included in Exhibit C
attached hereto and incorporated herein by this reference.
P. Miscellaneous Provisions.
1. Each undersigned represents and warrants that its signature herein below has the
power, authority and right to bind their respective parties to each of the terms of this Agreement, and
shall indemnify CITY fully, including reasonable costs and attorney's fees, for any injuries or
damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is
withdrawn.
2. All Exhibits and Attachments referenced herein and attached hereto shall be
incorporated as if fully set forth in the body of this Agreement.
3. This Agreement must be signed below and may be signed in counterpart and
delivered by fax, email as a PDF (Portable Document Format) file attachment, or by other means that
displays the original or a copy of the signatures. Any subsequent amendments may be signed and
delivered in the same manner.
{Signatures on following page}
17
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year
first written above.
ATTEST:
DAISY GOMEZ
Clerk of the Council
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
Deputy City Attorney
RECOMMENDED FOR APPROVAL:
LISA RUDLOFF
Executive Director
Parks, Recreation and Community Services Agency
CITY OF SANTA ANA
KRISTINE RIDGE
City Manager
SUBRECIPIENT:
CLAIRE BRAEBURN
Executive Director
DUNS #: 125118484
In
EXHIBIT A
SCOPE OF WORK
19
Exhibit A
Revive Santa ,Ana - .America On 1'rack
SCOPE OF IVORX
AOT's Brighter Futures for Children of Prisoners, launched in 2004, is integral to our mission, and the
following quote depicts the urgent need: "International human rights advocates have called parental
incarceration 'the greatest threat to child well-being in the U.S."
Brighter Futures for Children of Prisoners utilizes a holistic approach and interweaves 5 crucial
components to address all facets of their needs to guide them on a positive path for the future, and break
the cycle of poverty and incarceration.
In Santa Ana thousands of children of prisoners live in impoverished conditions where they are more
likely to be exposed to gangs, drugs, and other illegal activities. AOT works mostly with
Hispanic/Latinx families (about 97%) who live in over -crowded neighborhoods and subsist well below
the federal poverty level.
Sadly, 65.2% of children of prisoners are convicted of a crime by the time they are 25. In order to
mitigate these statistics and because children of prisoners are at a higher risk of educational failure, early
substance use and abuse, and coming into contact with the juvenile justice system, AOT has implemented
a unique and free 5-component program provided weekly and year-round to guide them on a successful
path to a brighter future. The events are held at our Santa Ana offices, at colleges, parks, the Honda Center
and more.
❖ STEAM (Science, Technology, Engineering, Arts & Math) activities
❖ An inspirational summer educational college camp at CSUF
❖ Qualified, trained mentors serving as positive role models
❖ Free special events designed to provide joy in their lives
❖ Free books year-round and wraparound services for the entire family
These program activities work synergistically, reinforcing positive core values, education and self-esteem.
Our yearly College Is For Me Too! component is a unique and proven overnight (2 nights-3 days)
structured summer education camp held at Cal State Fullerton for our mentees. It is designed so they can
experience a college setting and the joy of learning. Based on pre/post surveys, the experience has been
enlightening and life transforming for each of the participants. However, it is on hold until the college
allows events on their campus again.
Our in -person STEAM component includes workshops that are offered on a bi-weekly basis. Because of
COVID these events are now much smaller and held more frequently in our offices. Children of prisoners
tend to have low grades in the various sciences as well as a lack of interest. With this in mind, our
workshops provide fun interactive activities to pique their curiosity and interest in STEAM areas.
Our 1-on-1 mentoring component includes recruiting, screening, training, and matching caring adults with
children of prisoners. Mentors are required to see their mentees 3 to 4 times per month and provide 8
hours of mentoring per month for a minimum of one year. Mentors must turn in detailed online monthly
mentor activity notes. This information allows AOT staff to more fully communicate with the social
workers, guardians, schools and youth themselves. Since many mentors come and go after honoring their
commitment of 1+ years, AOT's four other main components add stability and on -going services for the
20
Exhibit A
children of prisoners and their families. Mentees are often with AOT for 2 to 10 years, as we work with
them through middle school and high school.
The other components include free, age -appropriate books distributed on an ongoing basis, quarterly
caregiver seminars, an annual holiday party for mentors and mentees, and four to seven special outings
throughout the year.
The overall goal of Brighter Futures is to provide a safety net for children of prisoners. The program's
short-term goals are to help our youth improve their academic skills, become more confident, abstain from
drugs, set goals for the future, and limit the likelihood of future involvement in the criminal justice system.
America On Track (AOT) will use the following benchmarks to determine the success of our Brighter
Futures for Children of Prisoners program:
1) Recruit a minimum of 42 new Santa Ana children of prisoners (ages 7-17) and provide
comprehensive services to them, to their guardians and to their siblings, for a total of 168 Santa Ana
residents served;
2) We will recruit, screen and train 42 adult mentors to be matched with Santa Ana children;
3) 85% of mentors will honor the one-on-one outings of 8 hours per months for 12 months and turn in
their required online monthly activity forms;
4) We will use additional methods to inspire our mentors so they continue communicating and/or seeing
their mentees in spite of the Pandemic. Ongoing calls and case -by -case recommendations, such as
meeting their mentees at a park while wearing a mask to enjoy various sports, will be made. Seeing
them join us on Zoom events for STEAM lessons or drug prevention lessons and fun activities will
attest to their commitment. Also, mentors will continue to turn in the monthly activity notes and this
will be one way of determining successes and concerns based on comments;
5) 30 Santa Ana mentees (ages 11+) will attend the "College Is For Me Too!" Summer Camp at
CSUF - assuming colleges allow events on their campus this summer;
6) 65% of mentees will attend at least 3 STEAM (Science, Technology, Engineering, Arts & Math)
events and develop an interest in science -related careers;
7) Provide ongoing wraparound services to the mentee families;
8) Conduct a nutrition lesson for every caregiver and mentee entering our program;
9) 80% of mentees will improve their behavior and attitudes, which will be noted on the monthly
activity notes, teacher & parent comments, and through surveys;
10) 90% of mentees will take advantage of new opportunities and avenues for positive use of time,
positive self-expression; and civic engagement. Mentees will also show increased self-esteem,
morale, a sense of responsibility, increased interpersonal skills, and decision -making skills; and
11) 100% of mentees will receive free exciting, age -appropriate books on an ongoing basis.
Details of the Target Population
The vast majority of Brighter Futures mentees throughout OC are children of color; 79% are Hispanic,
with the majority of the remainder being African American, Asian and Caucasian, however in the areas
21
Exhibit A
of Santa Ana served by AOT, the Hispanic/Latinx population represents 97% of the Brighter
Futures participants. They live in the poorest, high -density neighborhoods with high crime rates. Most
are referred by correctional facilities, child welfare services, schools, and community organizations, with
which AOT has long-standing relationships. Wraparound supportive services are also offered to the
families of mentees, of which most live below the Federal poverty level.
Additionally, 33% of children participating in our Brighter Futures program do not live with a birth parent,
even if only one is incarcerated. In many cases, the other birth parent, usually the mother, is drug involved,
has abandoned her children or has had the children removed from the home by court order. For many
children, "home" is living with a grandparent, extended family member, foster family or group home. The
AOT staff plus our mentors are often the only positive adult role models in their life and represent an
anchor in a turbulent sea.
AOT believes that it is crucial to help and guide our Brighter Futures families and their children in order
to provide them with resources and lower this heartbreaking cycle of incarceration. The good news is that
our Brighter Futures children of prisoners are all wonderful youth with so much potential and none of
them have yet to gravitate to the criminal side of justice, even though they are vulnerable. Therefore, now
is the time to help them because AOT has definitely witnessed how well they respond to positive
exposure, new opportunities and a little fun and love.
We have experienced tremendous success year after year with this population, and it is very
heartwarming to help transform the lives of these wonderful children who greatly deserve it. We are
literally sending these kids to college/trade school instead of prison.
22
EXHIBIT B
FEE PAYMENT SCHEDULE
23
Exhibit B
FISCAL YEAR 2022-2023
PROPOSED PROGRAM BUDGET
Organization Name America On Track
Program Name Brighter Futures for Children of Prisoners
Term: July 1, 2022 to June 30, 2023
EXPENDITURES
Enter budget categories and projected expenditures:
Category
Expenditures
Funded By
Santa Ana
REVIVE Funds
Expenditures
Funded By
Other Sources
Program
Budget
Total
Organization
Budget
Administrative Staff Salaries
$0
$0
$ 85,000
Program Staff Salaries
$95,000
$ 83,000
$178,000
$ 950,000
Contractual Services
$0
$ 10,000
$10,000
$ 125,000
Other- Fringe Benefits of Program SalariE
$26,705
$ 23,331
$50,036
$ 265,000
College Is for Me Too! & STEAM
$0
$ 36,500
$36,500
$ 14,500
Mentor Recruiting & Training
$0
$ 11,400
$11,400
$ 8,900
Program Supplies & Mileage
$0
$ 30,623
$30,623
$ 175,000
Rent & Insurance
$0
$ 12,719
$12,719
$ 100,000
Telephone, Office Supplies
$0
$ 6,600
$6,600
$ 57,000
Indirect Costs
$3,295
$ 30,293
$33,588
TOTAL
1 $125,0001
$244,4661
$369,4661
$1,780,400
PROGRAM RESOURCES
LIST ALL OTHER PROGRAM RESOURCES FOR 2022-2023
Funding Source Total must equal Program Budget Total listed above.
FUNDING SOURCE
AMOUNT
Santa Ana REVIVE
$
125,000.00
Elevate Youth California
$
100,000.00
DevTo Support Foundation
$
25,000.00
Croul Foundation
$
20,000.00
O.L. Halsell Foundation
$
10,000.00
Pacific Life Foundation
$
10,000.00
Other Pending Funding Sources
$
79,466.00
TOTAL
$
369,466
24
Exhibit B
2022-2023 REVIVE BUDGET LINE ITEMS
ADMINISTRATIVE STAFF
Position Title
Annual Salary & Benefits
REVIVE Funds
Description
Oversee the operation of the
entire nonprofit, including all
projects. Manage budgets,
invoices, & reports, and
coordinate with funder. Ensure
Executive Director
$0.001
Federal guidelines are met.
PROGRAM STAFF
Position Title
Annual Salary & Benefits
REVIVE Funds
Description
Responsible for overall
supervision of Brighter Futures
program, including
hiring/training/managing staff,
training volunteer mentors,
responding to urgent issues
with mentee families, and
overseeing evaluation
component, among other
Project Director
$ 60,000
$ 30,000.00
things.
Recruit and screen mentors,
and identify and train eligible
mentees (and their caregivers).
Ensure client intake forms are
completed accurately.
Coordinate College Is for Me
Too!, quarterly STEM
Workshops, and special events.
Assist with data collection and
Program Coordinator
$ 60,000
$ 40,000.00
reports.
Serve as an ongoing case
manager, referral specialist,
and advocate for the mentees
and caregivers. Conduct
Client Advocate -
English/Spanish intake
Mentees
$ 50,000
$ 25,000.00
interviews.
Client Advocate Interns
$ 8,000
Support program as needed.
25
Exhibit B
CONTRACTUAL/PROFESSIONAL SERVICES
Type of Service
Contract Amount
REVIVE Funds
Description
Evaluation Consultant
$ 10,000.00
$0.00
OTHER LINE ITEMS
Line Item
Program Amount
REVIVE Funds
Description
Program Salaries
$ 50,036
$0.00
STEAM
$ 36,500
$0.00
Training
$ 11,400
$0.00
Mileage
$ 30,623
$0.00
Rent & Insurance
$ 12,719
$0.00
Supplies
$ 6,600
$0.00
Attachment 1(b)
W,
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.
II. 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.
27
IV. FEDERAL AWARD IDENTIFICATION
FAIN INFORMATION
A.
CONTRACTOR Name:
AMERICA ON TRACK
B.
CONTRACTOR'S Unique
125118484
Identifier (D-U-N-S):
Federal Award
C.
Identification Number
SLFRP1059
(FAIN):
D.
Federal Award Date:
5/19/2021
E.
Subaward Period of
7/l/2022-6/30/2023
Performance:
Total Amount of Federal
F.
Funds Obligated by the
$125,000
Action:
Total Amount of Federal
G.
Funds Obligated to the
$125,000
CONTRACTOR:
H.
Total Amount of the
$64,180,406.50
Federal Award:
L
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:
kridgegsanta-ana.org
M.
CFDA Number:
21.027
CFDA Name:
Coronavirus State and Local Fiscal Recovery Funds
N.
Whether Award is R&D:
No
O.
Indirect Cost Rate for the
de minimus or federally negotiated rate
Federal Award:
28
EXHIBIT D
DEBARMENT
Certification Regarding
Debarment, Suspension, Ineligibility and Voluntary Exclusion
Lower Tier Covered Transactions
This certification is required by the regulations implementing Executive Order 12549, Debarment and
Suspension, 29 CFR Part 98, Section 98.510, Participants' responsibilities. The regulations were
published as Part VII of the May 26,1988 Federal Register suer (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.
Claire Braeburn, Executive Director
Name and Title of Authorized Representative
3/17/2022
Signature Date
29
INSTRUCTIONS FOR CERTIFICATION
1. By signing and submitting this proposal, the prospective recipient of federal assistance funds
is providing the certification as set out below.
2. The certification in this clause is a material representation of fact upon which reliance was
placed when this transaction was entered into. If it is later determined that the prospective
recipient of federal assistance funds knowingly rendered an erroneous certification, in
addition to other remedies available to the Federal Government, the Department of Labor
(DOL) may pursue available remedies, including suspension and/or debarment.
3. The prospective recipient of federal assistance funds shall provide immediate 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.
7. 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.
30
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.
31
EXHIBIT E
LOBBYING
Certification Regarding Lobbying
Certification for Contracts, Grants, Loans, and Cooperative Agreements
The undersigned certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee of
any agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with the awarding of any Federal contract, the making of any
cooperative agreement, and the extension, continuation, renewal, amendment, or modification of
any Federal contact, grant, loan or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person
for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall
complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance
with its instructions.
(3) The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontract, subgrants, and contracts under
grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose
accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making
or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who
fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and
not more than $100,000 for each such failure.
America On Track Brighter Futures for Children of Prisoners
Grantee/Contactor Organization Program Title
Claire Braeburn 03/17/2022
Name of Certifying Officer Signature Date
32
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.
33
EXHIBIT F
DRUG -FREE WORKPLACE
Certification Regarding Drug -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;
34
(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).
B. The contractor shall insert in the space provided on the attached "Place of Performance"
form the site(s) for the performance of work to be carried out with the grant funds
(including street address, city, county, state, and zip code) .the contractor further certifies
that, if it is subsequently determined that additional sites will be used for the performance
of work under the contract, it shall notify the U.S. Department of Housing and Urban
Development immediately upon the decision to use such additional sites by submitting a
revised "Place of Performance" form.
America On Track
Organization
03/17/2022
Authorized Signature Date
35
PLACE OF PERFORMANCE
FOR CERTIFICATION REGARDING DRUG -FREE
WORKPLACE REQUIREMENTS
Name: America On Track
Date:
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):
600 W. Santa Ana Blvd., Suite 710, Santa Ana, CA. 92701
Orange County
36
AGREEMENT BETWEEN THE CITY OF SANTA ANA AND
BACKHAUSDANCE FOR USE OF
AMERICAN RESCUE PLAN ACT (ARPA) FUNDS
This Agreement is hereby made and entered into this 3rd day of May, 2022, by and
between the City of Santa Ana, a charter city and municipal corporation organized and existing
under the Constitution and laws of the State of California ("CITY"), and Backhausdance, a
California domestic nonprofit corporation ("SUBRECIPIENT" or "CONTRACTOR").
RECITALS:
A. The American Rescue Plan Act ("ARPA") was signed into law in March 2021. ARPA
provides funding for a number of different programs, including the Coronavirus State and
Local Fiscal Recovery Fund ("SLFRF"), to provide monetary support to local governments
to respond to, mitigate, and recover from the COVID-19 public health emergency.
B. On July 20, 2021, the Santa Ana City Council authorized the City Manager to utilize ARPA
SLFRF funding from the United States Department of Treasury for the Revive Santa Ana
Spending Plan, which includes five spending categories: recovery from the pandemic, direct
assistance programs, public health and safety, critical infrastructure, and city fiscal health.
C. SUBRECIPIENT has been selected by the CITY to receive ARPA SLFRF Funds in order to
provide youth programs, including: early childhood support; head start; day care; after school
tutoring; athletic; and, youth violence prevention, in accordance with the Scope of Work
attached hereto as Exhibit A and incorporated herein by reference ("said program").
SUBRECIPIENT represents that it is qualified and willing to operate said program and
certifies that the administration of said program carried out with funds provided under this
Agreement will meet ARPA's objectives to respond to, mitigate, and recover from this
historic COVID-19 public health crisis.
D. SUBRECIPIENT agrees that it will adhere to the tasks and services as indicated in Exhibit A
for said program. Failure to follow the requirements and meet the stated expectations may
constitute breach of contract that could result in termination of this Agreement or serve as
reason for the CITY to recapture the grant funds awarded to SUBRECIPIENT pursuant to
this Agreement.
WHEREFORE, it is agreed by and between the parties that the foregoing Recitals are a
substantive part of this Agreement and the following terms and conditions are approved and together
with all exhibits and attachments hereto, shall constitute the entire Agreement between the CITY and
SUBRECIPIENT:
I. ARPA PROGRAM PROVISIONS
A. Scope of Work. SUBRECIPIENT shall be responsible for the specific tasks and
services of said program, and agrees to administer said program in compliance with the tasks and
services as described in the Scope of Work attached hereto as Exhibit A. SUBRECIPIENT's failure
to perform as required may, in addition to other remedies set forth in this Agreement, result in
readjustment of the amount of funds for said program or termination of this Agreement.
B. Term of Agreement. The term of said Agreement shall commence on July 1 st, 2022,
and continue through June 30, 2023 ("Term"), unless terminated earlier pursuant to the terms of
this Agreement. This Agreement shall also cover any and all services provided by the
SUBRECIPIENT to the CITY since the date the ARPA SURF Funds were awarded to the CITY.
Additionally, the Term of this Agreement may be extended by a writing executed by the City
Manager, or designee, and the City Attorney.
C. Amount of Grant Funding. The total amount of funds provided for said program
shall not exceed Thirty Thousand Dollars and Zero Cents dollars ($30,000) ("ARPA SURF
Funds") during the Term of the Agreement. SUBRECIPIENT agrees to use said ARPA SURF
Funds to administer said program as outlined in Exhibit A.
D. Disbursement of Funds. Said ARPA SURF Funds shall be disbursed by CITY to
SUBRECIPIENT pursuant to the terms found in the Fee Payment Schedule attached hereto as
Exhibit B, with payments subject to the submittal of invoices and other reporting requirements,
as hereinafter more fully set forth. SUBRECIPIENT shall be obligated to perform such duties as
would normally extend beyond the term, including, but not limited to, obligations with respect to
indemnification, audits, reporting, data retention/reporting, and accounting. Failure to provide any
of the required documentation and reporting will cause CITY to withhold all or a portion of a
request for ARPA SURF Funds, or return the entire request to SUBRECIPIENT, until such
documentation and reporting has been received and approved by CITY.
(1) Reduction in ARPA 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 SUBRECIPIENT's rate of
expenditure will result in unspent funds at the end of the program term. Amendments in the grant
allocation will be made after consultation with SUBRECIPIENT.
(3) Reversion of Assets. SUBRECIPIENT agrees that any and all funds received
under this Agreement shall be utilized during the Term of this Agreement, and that any and all funds
remaining as of the end of the Term, which have not been utilized, shall be returned by
SUBRECIPIENT to the CITY within thirty (30) days of the expiration or earlier termination of the
Agreement. No expense of SUBRECIPIENT will be reimbursed by CITY if incurred after the end
of the Term of the Agreement.
2
E. Grant Program Requirements.
(1) SUBRECIPIENT acknowledges that the source of funding for said program is the
federal ARPA, and that payments from the ARPA SURF Funds are only to be used to make
necessary expenditures incurred due to the public health emergency with respect to COVID-19.
(2) SUBRECIPIENT acknowledges that ARPA provisions allow the use of ARPA
SURF Funds to respond to, mitigate, and recover from the COVID-19 public health emergency, and
will not use these funds for any other uses.
(3) SUBRECIPIENT shall follow the process and determination of eligibility for
participants in said program as outlined in Exhibit A.
F. Performance Monitoring.
(1) SUBRECIPIENT shall submit program performance information as often as
requested by CITY, but no less than the submission of monthly reports and a final report to CITY
with the information requested by and in the format acceptable to CITY. Each monthly report is due
within thirty (30) days of completion of work for each month. The final report is due within thirty
(30) days after the termination or expiration of this Agreement.
(2) CITY will evaluate SUBRECIPIENT's management and operation of said
program with respect to the project expectations as described in Exhibit A.
(3) CITY will review the audit of the SUBRECIPIENT to ensure that grant funds are
used for authorized purposes in compliance with laws, regulations, and the provisions of contracts or
grant agreements under this Agreement, including attachments and exhibits.
(4) If action to correct any substandard performance is not taken by the
SUBRECIPIENT within a reasonable period after being notified by CITY, suspension or termination
procedures may be initiated by CITY.
(5) All performance shall be subject to review by the CITY or other regulatory
agencies at all times. SUBRECIPIENT shall provide adequate cooperation to any inspector or other
CITY representative to permit the same to determine SUBRECIPIENT's conformity with the terms
of this Agreement. If any services performed by SUBRECIPIENT are not in conformance with the
terms of this Agreement, the CITY shall have the right to require SUBRECIPIENT to perform the
services in conformance with the terms of the Agreement at no additional cost. The CITY may also
terminate this Agreement for default and charge SUBRECIPIENT for any costs incurred by the CITY
because of SUBRECIPIENT's failure to perform.
(6) SUBRECIPIENT shall establish adequate procedures for self -monitoring and
quality control and assurance to ensure proper performance under this Agreement; and shall permit a
CITY representative or other regulatory official to monitor, assess, or evaluate SUBRECIPIENT's
performance under this Agreement at any time, upon reasonable notice to SUBRECIPIENT.
G. Audit.
(1) SUBRECIPIENT shall maintain complete and accurate records and supporting
documentation to facilitate financial and/or program audits by CITY. This requirement shall apply
to any records and documentation CITY shall reasonably require or as required to be maintained
pursuant to the ARPA regulations.
(2) The books and accounts, files, and other records of SUBRECIPIENT, which are
applicable to this Agreement, shall be available for inspection, review, and audit during normal
business hours by CITY to determine the proper application and use of all ARPA SLFRF Funds
provided to or for the account or benefit of SUBRECIPIENT.
(3) SUBRECIPIENT assumes responsibility for reimbursement to CITY a sum of
money equivalent to the amount of any expenditures disallowed should the CITY, or an authorized
agency, rule through audit, exception, or some other appropriate means, that expenditures from funds
allocated to SUBRECIPIENT for direct and/or administrative costs were not made in compliance
with the applicable cost principles, regulations, or the provisions of this Agreement.
(4) SUBRECIPIENT agrees to comply with the requirements of OMB Uniform
Guidance 2 CFR Part 200. SUBRECIPIENT further agrees to provide CITY with a copy of
completed independent auditors' report within thirty (30) days of CITY's request for such report. If
the report contains instances of non-compliance with federal laws and regulations that bear directly
on the performance or administration of this Agreement, SUBRECIPIENT shall provide CITY copies
of responses to auditors' reports, a plan for corrective action, and auditors' response that the
noncompliance has been resolved. All reports prepared in accord with the requirements of OMB
Uniform Guidance 2 CFR Part 200 shall be available for inspection by representatives of CITY or the
federal government during normal business hours.
(5) All accounting records, reports, and evidence pertaining to all costs, expenses
and the ARPA SLFRF Funds of SUBRECIPIENT and all documents related to this Agreement
shall be maintained and kept available at SUBRECIPIENT'S office or place of business for the
duration of the Agreement and thereafter for five (5) years from the date of final payment under
this Agreement. Records which relate to: (a) complaints, claims, administrative proceedings or
litigation arising out of the performance of this Agreement; or, (b) costs and expenses of this
Agreement to which CITY or any other governmental agency takes exception, shall be retained
beyond the five (5) years until complete resolution or disposition of such appeals, litigation claims,
or exceptions. In the event SUBRECIPIENT does not make the above -referenced documents
available within the City of Santa Ana, California, SUBRECIPIENT agrees to pay all necessary and
reasonable expenses incurred by CITY in conducting any audit at the location where said records and
books of account are maintained.
H. 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
M
the CITY or to third parties. SUBRECIPIENT agrees not to release or circulate in whole or part
such materials, reports, or products without prior written authorization of the CITY.
I. Close -Out. SUBRECIPIENT agrees to comply with the closeout procedures
detailed in 2 CFR §200.343, including the following:
(1) SUBRECIPIENT must submit, no later than ninety (90) calendar days after the
end date of the period of performance, all financial, performance, and other reports as required by
the terms and conditions of this Agreement;
(2) SUBRECIPIENT must promptly refund any balances of unobligated cash that
the CITY paid in advance or paid and that is not authorized to be retained by SUBRECIPIENT for
use in other projects (See OMB Circular A-129 and 2 CFR §200.345); and,
(3) CITY should complete all closeout actions for the Federal award no later than
one year after receipt and acceptance of all required final reports.
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; (ii) it has
carefully considered how the services should be performed; and, (iii) it fully understands the
facilities, difficulties and restrictions attending performance of the services under this Agreement.
(4) No Conflict. To the best of SUBRECIPIENT'S knowledge,
SUBRECIPIENT'S execution, delivery and performance of its obligations under this Agreement
will not constitute a default or a breach under any contract, agreement or order to which
SUBRECIPIENT is a party or by which it is bound.
(5) No Bankruptcy. SUBRECIPIENT is not the subject of any current or
threatened bankruptcy proceeding.
5
(6) No Pending Legal Proceedings. SUBRECIPIENT is not the subject of a
current or threatened litigation that would or may materially affect SUBRECIPIENT'S
performance under this Agreement.
(7) Proposal Veracity. All provisions of and information provided in
SUBRECIPIENT's proposal submitted to CITY, including any exhibits, are true and correct in all
material respects.
(8) No Pending Investigation. SUBRECIPIENT has no knowledge that it is the
subject of any current or threatened criminal or civil action investigation by any public agency,
including without limitation a police agency or prosecuting authority, which would relate to or
affect performance of the Agreement or provision of services hereunder.
B. Licensing. SUBRECIPIENT agrees to obtain and maintain all required licenses,
registrations, accreditation and inspections from all agencies governing its operations.
SUBRECIPIENT shall ensure that its staff shall also obtain and maintain all required licenses,
registrations, accreditation and inspections from all agencies governing SUBRECIPIENT's
operations hereunder. Such licensing requirements include obtaining a City business license, as
applicable.
C. Zoning. SUBRECIPIENT agrees that any facility/property used in furtherance of said
program shall be specifically zoned and permitted for such use(s) and activities. Should
SUBRECIPIENT fail to have the required land entitlement and/or permits, thus violating any local,
state or federal rules and regulations relating thereto, SUBRECIPIENT shall immediately make good -
faith efforts to gain compliance with local, state or federal rules and regulations following written
notification of said violation(s) from the CITY or other authorized citing agency. SUBRECIPIENT
shall notify CITY immediately of any pending violations. Failure to notify CITY of pending
violations, or to remedy such known violation(s) shall result in termination of grant funding
hereunder. SUBRECIPIENT must make all corrections required to bring the facility/property into
compliance with the law within sixty (60) days of notification of the violation(s); failure to gain
compliance within such time shall result in termination of grant funding hereunder.
D. Separation of Accounts. All funds received by SUBRECIPIENT from CITY pursuant
to this Agreement shall be maintained in an account in a federally insured banking or savings and
loan institution with record keeping of such accounts maintained pursuant to applicable 2 CFR
200.302 requirements. SUBRECIPIENT is not required to maintain separate depository accounts for
ARPA SLFRF Funds; provided however, the SUBRECIPIENT must be able to account for receipt,
obligation, distribution and expenditure of ARPA SLFRF Funds pursuant to applicable 2 CFR
200.302 requirements.
E. Audit Report Requirements. SUBRECIPIENT agrees that if SUBRECIPIENT
expends Seven Hundred Fifty Thousand Dollars ($750,000) or more in federal funds,
SUBRECIPIENT shall have an annual audit conducted by a certified public accountant in accordance
with the standards as set forth and published by the United States Office of Management and Budget.
SUBRECIPIENT shall provide CITY with a copy of said audit by April I of the year following the
program year in which this Agreement is executed.
2
F. Compliance with Law/Program Income. SUBRECIPIENT acknowledges that the
funds being provided by CITY for said program are received by CITY pursuant to ARPA, and that
distribution and expenditure of these ARPA SURF Funds shall be in accordance with ARPA and all
pertinent regulations issued by agencies of the federal government, including, but not limited to, all
regulations found at Title 24 of the Code of Federal Regulations. Any program income received by
SUBRECIPIENT shall be returned to CITY, unless otherwise provided for in this Agreement.
SUBRECIPIENT agrees to comply fully with all federal, state and local laws and court orders
applicable to its operation and administration of said program, whether or not referred to in this
Agreement.
G. Debarment. To protect the public interest and ensure the integrity of Federal
programs, CITY may only conduct business with responsible persons and may not make any award
or permit any award to any party which is debarred or suspended or is otherwise excluded from or
ineligible for participation in Federal assistance programs under Executive Order 12549,
"Debarment and Suspension". See also 24 CFR 570.609. SUBRECIPIENT must review and sign
Exhibit D "Debarment", which is attached hereto and incorporated herein by this reference.
SUBRECIPIENT shall be in good standing, without suspension by the California Secretary of State,
Franchise Tax Board or Internal Revenue Service. Any change in the corporate status or suspension
of SUBRECIPIENT shall be reported immediately to CITY.
H. Confidentiality. Without prejudice to any other provisions of this Agreement,
SUBRECIPIENT shall, where applicable, maintain the confidential nature of information provided
to it concerning participants in accordance with the requirements of federal and state law. However,
SUBRECIPIENT shall submit to CITY or its representatives, all records requested, including audit,
examinations, monitoring and verifications of reports submitted by SUBRECIPIENT, costs incurred
and services rendered hereunder.
I. Independent Contractor. SUBRECIPIENT agrees that the performance of obligations
hereunder is rendered in its capacity as an independent contractor and that it is in no way an agent of
CITY.
J. Violation of Terms and Conditions. SUBRECIPIENT agrees that if SUBRECIPIENT
violates any of the terms and conditions of this Agreement or any prior Agreement whereby ARPA
SURF Funds were received by SUBRECIPIENT, or if SUBRECIPIENT reports inaccurately, or if
on audit there is a disallowance of certain expenditures, SUBRECIPIENT agrees to remedy the acts
or omissions causing the disallowance and repay CITY all amounts spent in violation thereof. If
SUBRECIPIENT engaged in fraudulent activity to obtain and/or justify distribution or expenditure
of the ARPA SURF Funds granted hereunder, SU 3RECIPIENT shall be required to reimburse the
CITY of all such funds that were obtained, distributed and/or spent under fraudulent circumstances.
K. Fraud. SUBRECIPIENT shall immediately report all suspected or known instances
and facts concerning possible fraud, abuse or criminal activity related to said program for the ARPA
SURF Funds under this Agreement.
7
L. Prohibited Use. SUBRECIPIENT hereby certifies and agrees that it will not use
ARPA SLFRF Funds provided through this Agreement to pay for entertainment, meals or gifts, or
other prohibited uses.
M. Lobbying. SUBRECIPIENT certifies that it will comply with federal law (31 U.S.C.
1352) and regulations found at 24 CFR Part 87, which provide that no appropriated funds may be
expended by the recipient of a federal contract, grant, loan or cooperative agreement to pay any person
for influencing or attempting to influence an officer or employee of any agency, Member of Congress,
or an officer or employee of a Member of Congress in connection with awarding of any federal
contract, the making of any federal grant or loan, entering into any cooperative agreement and the
extension, renewal, amendment or modification of any federal contract, grant, loan or cooperative
agreement. SUBRECIPIENT shall sign a certification to that effect in a form as set forth in Exhibit
E, attached hereto and by this reference incorporated herein. SUBRECIPIENT shall submit said
signed certification to CITY prior to performing any of its obligations under this Agreement and prior
to any obligation arising on the part of CITY to pay any sums to SUBRECIPIENT under the terms
and conditions of this Agreement.
If any funds other than Federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any agency, a Member
of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall
complete and submit a "Disclosure Form to Report Lobbying," in accordance with its instructions
(Exhibit E).
N. Financial Interest. SUBRECIPIENT agrees that except for the use of administrative
fees to pay salaries and other related administrative or personnel costs, no persons who exercise or
have exercised any function with respect to administering said program under the 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 SURF Funds shall provide equal
employment opportunities for minorities and women.
Q. Women and Minority -Owned Businesses (W/MBE). SUBRECIPIENT will use its
best efforts to afford small businesses, minority business enterprises, and women's business
enterprises the maximum practicable opportunity to participate in the performance of this
Agreement in accordance with the requirements of 2 CFR 200.321 "Contracting with small and
minority businesses, women's business enterprises, and labor surplus area firms". As used in this
Agreement, the term "small business" means a business that meets the criteria set forth in section
3(a) of the Small Business Act, as amended (15 U.S.C. 632), and "minority and women's business
enterprise" means a business at least fifty-one percent (51 %) owned and controlled by minority
group members or women. For the purpose of this definition, "minority group members" are
African -Americans, Spanish-speaking, Spanish surnamed or Spanish -heritage Americans, Asian -
Americans, and American Indians. SUBRECIPIENT may rely on written representations by
businesses regarding their status as minority and female business enterprises in lieu of an
independent investigation.
R. Drug Free Workplace. SUBRECIPIENT agrees to provide a drug -free workplace and
to execute a certification as set forth in Exhibit F attached hereto and incorporated herein by this
reference.
S. Uniform Administrative Requirements, Cost Principles, and Audit Requirements
for Federal Awards. The following requirements and standards must be complied with: 2 CFR
Part 200 et al. SUBRECIPIENT shall procure all materials, property, or services in accordance
with the requirements of 2 CFR 200.318-326.
III. CITY'S OBLIGATIONS
A. Audit of Account. CITY shall include an audit of the account maintained by
SUBRECIPIENT in CITY's audit of all ARPA SURF 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
0
performed its obligations as stated in this contract in a satisfactory manner, or if the CITY
determines that insufficient supporting information has been submitted, the CITY shall notify the
SUBRECIPIENT in writing of its determination specifying in full detail the objections that it has
to the SUBRECIPIENT's performance. If action to correct such substandard performance is not
taken by the SUBRECIPIENT after being notified by the CITY, within a reasonable period of time
as stipulated in the written notification, contract suspension or termination procedures will be
initiated.
IV. GENERAL PROVISIONS
A. Non -Discrimination.
1. SUBRECIPIENT agrees to comply with Executive Order 11246, which requires
that during the performance of this Agreement, SUBRECIPIENT agrees not to discriminate against
any employee or applicant for employment because of race, religion, sex, color or national origin.
Such action shall include, but not be limited to the following: employment, upgrading, demotion, or
transfer, rates of pay or other forms of compensation, and selection for training, including
apprenticeship. SUBRECIPIENT agrees to post in conspicuous places, available to employees and
applicants for employment, notices to be provided by the SUBRECIPIENT setting forth the
provisions of this nondiscrimination clause.
2. SUBRECIPIENT agrees to comply with Title VI of the Civil Rights Act of 1964,
which indicates that no person shall, on the ground of race, color or national origin, be excluded from
participation in, be denied the benefits of, or be subject to discrimination under any program of activity
receiving federal financial assistance.
3. No person shall, on the grounds of race, sex, creed, color, religion, marital status,
national origin, age, sexual orientation, or physical or mental handicap be excluded from participation
in, be refused the benefits of, or otherwise be subject to discrimination in any activities, programs or
employment supported by this Agreement. SUBRECIPIENT is prohibited from discrimination on
the basis of age or with respect to an otherwise qualified handicapped person as provided for under
Section 109 of the Housing and Community Development Act of 1974, as amended.
4. SUBRECIPIENT agrees to comply with the Age Discrimination Act of 1975,
which requires that during the performance of this Agreement, SUBRECIPIENT agrees not to
discriminate against any employee or applicant for employment because of age. Such action shall
include, but not be limited to the following: employment upgrading, demotion, or transfer, rates of
pay or other forms of compensation, and selection for training, including apprenticeship.
SUBRECIPIENT agrees to post in conspicuous places, available to employees and applicants for
employment, notices to be provided by the SUBRECIPIENT setting forth the provisions of this age
discrimination clause.
5. SUBRECIPIENT agrees to comply with Section 504 of the Rehabilitation Act of
1973, which requires that no otherwise qualified individual with a disability in the United States, shall,
solely by reason of his or her disability, be excluded from the participation in, be denied the benefits
of, or be subjected to discrimination under any program or activity receiving federal financial
10
assistance or under any program or activity conducted by any executive agency or by the United
States Postal Service.
B. Conflict of Interest. Pursuant to the conflict of interest requirements set forth in 24
CFR 570.611 and 2 CFR 200.112, SUBRECIPIENT certifies that no member, officer, employee,
agent or assignee of CITY having direct or indirect control of any ARPA SLFRF Funds granted to
the CITY, inclusive of the subject ARPA SLFRF Funds, shall serve as an officer of SUBRECIPIENT.
Further, any conflict or potential conflict of interest of any officer of SUBRECIPIENT shall be fully
disclosed in writing prior to the execution of this Agreement and said writing shall be attached and
deemed fully incorporated as a part hereof. Notice shall be sent by SUBRECIPIENT to CITY
regarding any changes or modifications to its board of directors and list of officers.
C. Special Certification for Religious Entities. If SUBRECIPIENT is a religious entity,
SUBRECIPIENT hereby agrees that in connection with the provision of the services
SUBRECIPIENT shall provide with ARPA SLFRF Funds, in accordance with 24 CFR 570.2000):
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
11
section, the term "immediate family" means spouse, child, mother, father, brother, sister, brother-in-
law, sister-in-law, father-in-law, mother-in-law, son-in-law, daughter-in-law, aunt, uncle, niece,
nephew, stepparent and stepchild. The term "administrative capacity" means having selection, hiring,
supervisor or management responsibilities.
E. Notices. Notices to the parties shall, unless otherwise requested in writing, be sent by
U.S. Mail, postage prepaid, and addressed as follows:
TO CITY: City of Santa Ana
Lisa Rudloff
Executive Director
Parks, Recreation and Community Services Agency
20 Civic Center Plaza
P.O. Box 1988
Santa Ana, California 92702-1988
TO SUBRECIPIENT:
Backhausdance
Attn: Jennifer Backhaus
Artistic Director / Founder
P.O. Box 5890
Orange, CA 92863
F. Assi _ng ability. 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 and the results of that work by the Contractor, its agents,
representatives, employees, or subcontractors.
12
a. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad
as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00
O1 covering CGL on an "occurrence" basis, including products and completed
operations, property damage, bodily injury and personal & advertising injury
with limits no less than $2,000,000 per occurrence. If a general aggregate limit
applies, either the general aggregate limit shall apply separately to this
project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be
twice the required occurrence limit.
2. Automobile Liability: Insurance Services Office Form Number CA 0001
covering, Code 1 (any auto), or if Contractor has no owned autos, Code 8 (hired)
and 9 (non -owned), with limit no less than $1,000,000 (if program services
includes transportation of youth, the limit shall be no less than $5,000,000) per
accident for bodily injury and property damage. (Not required if an automobile
is not required to fulfill services.)
3. Workers' Compensation: insurance as required by the State of California, with
Statutory Limits, and Employer's Liability Insurance with limit of no less than
$1,000,000 per accident for bodily injury or disease.
4. Sexual Abuse or Molestation (SAM) Liability: If the CGL policy referenced
above is not endorsed to include affirmative coverage for sexual abuse or
molestation, Contractor shall obtain and maintain a policy covering Sexual
Abuse and Molestation with a limit no less than $1,000,000 per occurrence or
claim.
5. If the Contractor maintains broader coverage and/or higher limits than the
minimums shown above, the City requires and shall be entitled to the broader
coverage and/or the higher limits maintained by the Contractor. Any available
insurance proceeds in excess of the specified minimum limits of insurance and
coverage shall be available to the City.
b. Other Insurance Provisions — The insurance policies are to contain, or be endorsed to
contain, the following provisions:
1. Additional Insured Status: The City, its officers, officials, employees, and
volunteers are to be covered as additional insureds on the CGL policy with
respect to liability arising out of work or operations performed by or on behalf
of the Contractor including materials, parts, or equipment furnished in
connection with such work or operations. General liability coverage can be
provided in the form of an endorsement to the Contractor's insurance (at least
as broad as ISO Form CG 20 10 11 85 or if not available, through the addition
of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if a
later edition is used).
2. Primary Coverage: For any claims related to this contract, the Contractor's
insurance coverage shall be primary coverage at least as broad as ISO CG 20
0104 13 as respects the City, its officers, officials, employees, and volunteers.
13
Any insurance or self-insurance maintained by the City, its officers, officials,
employees, or volunteers shall be excess of the Contractor's insurance and shall
not contribute with it.
3. Notice of Cancellation: Each insurance policy required above shall state that
coverage shall not be canceled, except with notice to the City.
4. Waiver of Subrogation: Contractor hereby grants to City a waiver of any right
to subrogation which any insurer of said Contractor may acquire against the
City by virtue of the payment of any loss under such insurance. Contractor
agrees to obtain any endorsement that may be necessary to affect this waiver of
subrogation, but this provision applies regardless of whether or not the City has
received a waiver of subrogation endorsement from the insurer.
5. Self -Insured Retentions: Self -insured retentions must be declared to and
approved by the City. The City may require the Contractor to purchase coverage
with a lower retention or provide proof of ability to pay losses and related
investigations, claim administration, and defense expenses within the retention.
The policy language shall provide, or be endorsed to provide, that the self -
insured retention may be satisfied by either the named insured or City.
6. Acceptability of Insurers: Insurance is to be placed with insurers authorized to
conduct business in the state with a current A.M. Best's rating of no less than
A:VII, unless otherwise acceptable to the City.
7. Claims Made Policies: If any of the required policies provide coverage on a
claims -made basis:
1. The Retroactive Date must be shown and must be before the date of the
contract or the beginning of contract work.
2. Insurance must be maintained and evidence of insurance must be
provided for at least five (5) years after completion of the contract of
work.
3. If coverage is canceled or non -renewed, and not replaced with another
claims -made policy form with a Retroactive Date prior to the contract
effective date, the Contractor must purchase "extended reporting"
coverage for a minimum of five (5) years after completion of contract
work.
8. Verification of Coverage: Contractor shall furnish the City with original
Certificates of Insurance including all required amendatory endorsements (or
copies of the applicable policy language effecting coverage required by this
clause) and a copy of the Declarations and Endorsement Page of the CGL policy
listing all policy endorsements to City before work begins. However, failure to
obtain the required documents prior to the work beginning shall not waive the
Contractor's obligation to provide them. City reserves the right to require
complete, certified copies of all required insurance policies, including
endorsements required by these specifications, at any time.
14
9. Special Risks or Circumstances: City reserves the right to modify these
requirements, including limits, based on the nature of the risk, prior experience,
insurer, coverage, or other special circumstances.
I. Termination.
1. This Agreement may be terminated on thirty (30) days' written notice by either
party. In the event of such termination, SUBRECIPIENT shall only be entitled to reimbursement for
approved expenses incurred to the effective date of termination.
2. This Agreement may be suspended or terminated by CITY upon five (5) days'
written notice for violation by SUBRECIPIENT of Federal Laws governing the use of ARPA SURF
Funds. 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.
15
J. Limitation of Funds. The United States of America may in the future place
programmatic or fiscal limitations on the use of ARPA SLFRF Funds, which limitations are not
presently anticipated. Accordingly, CITY reserves the right to revise this Agreement in order to take
account of actions affecting ARPA program funding. In the event of funding reduction, CITY may,
in its sole and absolute discretion, reduce the budget of this Agreement, may limit the rate of
SUBRECIPIENT's authority to utilize funds, or may restrict SUBRECIPIENT's use of uncommitted
funds. Where CITY has been directed to implement a reduction in funding, with respect to funding
for this Agreement, CITY's City Manager or delegate is authorized to act for CITY in implementing
and effecting such a reduction and in revising, modifying, or amending the Agreement for such
purposes. If such a reduction in funding occurs, SUBRECIPIENT shall be permitted to de -scope
accordingly. Where CITY has reasonable grounds to question SUBRECIPIENT's fiscal
accountability or compliance with this Agreement, CITY may suspend the operation of this
Agreement for up to sixty (60) days upon five (5) days written notice to SUBRECIPIENT of its
intention to so act, pending an audit or other resolution of such questions. In no event, however, shall
any revisions made by CITY affect expenditures and legally binding commitments made by
SUBRECIPIENT before it received notice of such revision, provided that such amounts have been
committed in good faith and are otherwise allowable and that such commitments are consistent with
ARPA SLFRF Funds withdrawal guidelines.
K. Exclusivity and Amendment of Agreement. This Agreement supersedes any and all
other agreements, either oral or in writing, between the parties hereto with respect to the use of CITY's
ARPA SLFRF Funds by SUBRECIPIENT and contains all the covenants and agreements between
the parties with respect to SUBRECIPIIENT's administration of said program. Each party to this
Agreement acknowledges that no representations, inducements, promises or agreements, orally or
otherwise, have been made by any party, or anyone acting on behalf of any party, which are not
embodied herein, and that no other agreement or amendment hereto shall be effective unless executed
in writing and signed by both CITY and SUBRECIPIENT.
L. Laws Governingthis his 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.
16
O. Federal Award Identification Information. SUBRECIPIENT's pertinent Federal
Award Identification Information, including DUNS Number and Federal Award Identification
Number (FAIN), as well as the applicable information for ARPA, are included in Exhibit C
attached hereto and incorporated herein by this reference.
P. Miscellaneous Provisions.
1. Each undersigned represents and warrants that its signature herein below has the
power, authority and right to bind their respective parties to each of the terms of this Agreement, and
shall indemnify CITY fully, including reasonable costs and attorney's fees, for any injuries or
damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is
withdrawn.
2. All Exhibits and Attachments referenced herein and attached hereto shall be
incorporated as if fully set forth in the body of this Agreement.
3. This Agreement must be signed below and may be signed in counterpart and
delivered by fax, email as a PDF (Portable Document Format) file attachment, or by other means that
displays the original or a copy of the signatures. Any subsequent amendments may be signed and
delivered in the same manner.
{Signatures on following page}
17
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year
first written above.
ATTEST:
DAISY GOMEZ
Clerk of the Council
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
A
Deputy City Attorney
RECOMMENDED FOR APPROVAL:
LISA RUDLOFF
Executive Director
Parks, Recreation and Community Services Agency
CITY OF SANTA ANA
KRISTINE RIDGE
City Manager
SUBRECIPIENT:
JENNIFER BACKHAUS
Artistic Director / Founder
DUNS #: 140439295
In
EXHIBIT A
SCOPE OF WORK
19
Exhibit A
Vol* backhausdance
Revive Santa Ana Youth Program RFP No: 21-116A Proposal
The Dance for Kindness Project: youth athletic/sports program
July 1, 2022 - June 30, 2023
Scope of Work
Program Description/Overview
Backhausdance, Orange County's award -winning contemporary dance company and
experienced teaching artists will partner with Santa Ana Unified School District's (SAUSD)
Special Projects/ Wellness and Athletics Department and SAUSD Arts, designated as an arts
equity district, to present an innovative athletic program entitled Dance for Kindness, July 2022-
June 2023. The goal of this unique collaboration, responding to the critical needs of youth who
have experienced trauma and loss due to the serious isolation and economic crisis of the
prolonged global pandemic, is to improve students' physical, social -emotional, mental health
conditions and inspire academic learning capabilities in two (2) K-5 elementary schools located
in different geographic locations of Santa Ana, targeting the most disproportionately impacted
youth. Dance for Kindness will provide rigorous and adaptive skill -based athletic workshops
centered around themes of empathy, character building, anti -bullying, non-verbal and verbal
communication, putting forth your best effort, and teamwork to expand socialization and
resiliency skills aligning with the foundations of youth development.
The program, to be held during the school day, will provide approximately 850 students with
much -needed physical and athletic educational services, matching with the goals of the Revive
Santa Ana Youth Programs and state and federal guidelines. The Dance for Kindness Project
includes a series of six (6) 45-minute active workshops sessions for each grade level, K-5, for
general and special education students, and assemblies for the entire school (approximately 90
workshops per school). Teacher planning and evaluation sessions will be held for each school.
The program will be launched with interactive assemblies for the entire school, demonstrating
athleticism, physicality, emotional expression and the human connection. The fundamental basis
of the elements of dance match closely with the attributes and core values of athletics, including
strength and conditioning, discipline, teamwork, creativity, problem -solving, perseverance,
flexibility, intention, expression, communication, and connecting with each other.
Backhausdance shares SAUSD's goal of supporting the whole child to access learning in
creative, joyful, and experiential ways that will shape leaders and dynamic thinkers who are the
innovators of tomorrow in the global economy. Dance for Kindness is held in tandem with Santa
Ana Unified School District's annual "We Care Campaign," designed to have a positive impact
on the school's culture and climate. The program will be customized specifically for each
elementary school to provide expanded physical education for all, and integrates with CA
Department of Education content standards in Physical Education, Dance,Socio-Emotional
Learning Concepts, English/Language Arts, Science, Math and History/Social Sciences. Our
initiative is built on the framework of renowned basketball Coach John Wooden's "Pyramid of
Success." His definition of success for children: "Success is happiness in your heart because
you made the effort 100% to do your best. All sessions and performances will be held on the
school campus in person, or virtually, depending on the current City of Santa Ana and SAUSD
COVID safety protocol.
20
Exhibit A
Target Population and Unmet Needs
Backhausdance's Dance for Kindness partnership program is targeted to Santa Ana children
and youth who have been besieged by loss, economic hardship and dramatic change with
distance learning during the time of our pandemic and its ripple effects. Physical education
classes are not provided adequately during the school day, and participation in athletics and
sports programs after school is an added financial expense that may cause a burden on
families and limits youth who are able to fully participate. Regular fitness activity is essential
for maintaining healthy body weight and preventing obesity. Dance for Kindness is designed to
teach skills related to body, space, time and energy, bring joy and relief, to aid in the coping
process, to relieve stress, and to learn the physicality and elements of creative movement.
Backhausdance will work with SAUSD Special Projects in Wellness and Athletics and SAUSD
Arts to identify elementary schools that have limited if no access to athletics/physical
education classes and where there are students who are under extreme socio-emotional
duress.
Project Timeline and Deliverables
Month(s)
Deliverable
July -August 2022
Planning, organization and school outreach
August - September 2022
School partnership finalization, pre -assessment
survey, lead planning workshop for teachers,
scheduling, customization
October - December 2022
Dance for Kindness workshop series and
assemblies for SAUSD elementary school #1
December 2022 - January 2023
Evaluation and post -assessment, preparation
of interim grant report
February - April 2023
Dance for Kindness workshop series and
assemblies for SAUSD elementary school #2
February 2023
Participation in SAUSD We Care Campaign
March 2023
Dance for Kindness performance with students
at annual Boca de Oro Festival
April - May 2023
Evaluation and post -assessment, grant
reporting; drafting of final grant report
May - June 2023
Project review, debriefing, and completion of
grant report
Project Core Educational Values: Dance/Athletics/Physical Activity is...
• Can be done by anyone of any ability
• For everyone - is a natural activity and builds connections/community
• Makes us healthier and stronger; relieves stress
• Rigorous, requires effort to do it correctly and learn technique
• Expressive and communicative
21
Exhibit A
• Involves body and spatial awareness (coordination, teamwork)
• Requires focus and perseverance
• Makes us smarter (is good for our brains/concentration)
• Builds confidence and anatomical awareness
• Is fun; is a form of play
Dance for Kindness Six -Session Workshop Series
Dance is interconnected with the same elements as athletics and physical education including
body, action, space, time, energy (BASTE). Each 45-minute workshop will have a set structure,
adapted for each age group and special needs for students, and will be developed as a
six -session learning sequence/unit.
1. Theme/Ideas
• Workshops 1 & 2: Caring and Communication: Body and Action
• Workshops 2 & 3: Trust and Trustworthiness, Resilience: Body, Action, Space
and Time
• Workshops 4 & 5: Teamwork, Responsibility and Self- Confidence:
Body, Action, Space, Time, and Energy
• Workshop 6: Respect, Empathy and Relationships: Body, Action, Space, Time
and Energy
2. Ice -breaker (i.e. name game - each student says their name and chooses a body part to
draw the first letter of their name)
3. Warm -Up - preparation to use our bodies safely; covers upper and lower body, side,
cross lateral parts. Sequence includes: breathing and getting heart rate up (jumping
jacks and other weight shifting, expanding and contracting (upper and lower body, head
movements), flexibility - stretching hamstrings external rotation, strengthening (core,
back, upper body), large range of motion in legs (lunges), vestibular (swings and double
bounces), balancing.
4. Exploration - asking students: How can you move a particular part of your body?
Demonstrate movement. Adapting as needed.
5. Skill - related to the specific workshop theme - teaching non-locomotor or axial
movements; space such as levels, direction, place, space - close or apart, time - rhythm,
counting, energy (movement quality - strong or sharp movement, light or flowing)
6. Create - using the skill that has been taught, the teaching artist will guide the class to
create their own movement sequence. Movement vocabulary.
7. Analyze and Reflect - group interaction; review of vocabulary
8. Cool down - reminding students that this is a necessary part of being an athlete and
staying fit - group activity of stretching and releasing
Dance for Kindness Interactive Assembly
Students will participate in a 45-minute assembly at their school presented by Backhausdance
company dancers to see a special contemporary dance performance that is athletic,
demonstrates the human connection, involves them throughout the experience and introduces
them to skills they will be learning in their workshops.
Backhausdance is committed to advancing equity, diversity and accessibility for all students
through its core values and policies of inclusiveness and solidarity. Integral to our mission is to
make a significant investment in the underserved and marginalized areas of our community to
provide everyone with opportunities to reach their fullest potential and to be treated with dignity,
respect and equality.
22
EXHIBIT B
FEE PAYMENT SCHEDULE
23
Exhibit B
FISCAL YEAR 2022-2023
PROPOSED PROGRAM BUDGET
Organization Name Backhausdance
Program Name The Dance for Kindness Project
Term: July 1, 2022 to June 30, 2023
EXPENDITURES
Enter budget categories and projected expenditures:
Category
Funded By
Funded By
Budget
Organization
Administrative Staff Salaries
$3,000
$3,000
$ 39,165
Program Staff Salaries
$21,700
$21,700
$ 218,370
Contractual Services
$4,000
$4,000
$ 20,055
Other-
$1,300
$1,300
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
TOTAL
$30,000
$0
$30,000
$277,590
PROGRAM RESOURCES
LIST ALL OTHER PROGRAM RESOURCES FOR 2022-2023
Funding Source Total must equal Program Budget Total listed above.
FUNDING SOURCE AMOUNT
Santa Ana REVIVE $30,000
TOTAL $ $30,000
24
Exhibit B
2022-2023 REVIVE BUDGET LINE ITEMS
ADMINISTRATIVE STAFF
Position Title
Annual Salary & Benefits
REVIVE Funds
Company Administrator
$12,000
$1,200
Education and Community Engagement Director
$12,000
$1,200
Marketing and Social Media Manager
$6,000
$600
PROGRAM STAFF
Position Title
Annual Salary & Benefits
REVIVE Funds
Artistic Director
$15,000
$1,050
Backhausdance company members/educators
$65,000
$19,900
(company has 12 part-time dancers/employees)
Rehearsal and Education Coordinator
$2,500
$750
CONTRACTUAL/PROFESSIONAL SERVICES
Type of Service
Contract Amount
REVIVE Funds
Videographer, photographer, media services
$12,000
$1,000
Graphic design, printing and postage
$6,000
$1,000
Facility rental
$20,000
$2,000
OTHER LINE ITEMS
Line Item Program Amount REVIVE Funds
Insurance: Liability, D&O, workers compensation $ 38,000.00 $1,300
Attachment 1(b)
25
Exhibit B
Description
Financial oversight, payroll, insurance, contracts, grant invoicing
Project liaison with SAUSD; program direction/management, grant reporting
Project branding and promotion in compliance with SAUSD and City of Santa Ana guidelines
Description
Project leadership and oversight; grant compliance
180 class sessions, 45 minutes each taught by 2 educators ($50/educator) = $18,000
4, 45-min. planning & evaluation sessions (2 per school), 2 educators ($50/educator) = $400
4, 45 min. assemblies (2 per school), 5 dancers ($75/dancer) per assembly = $1,500
Project curriculum assistance; scheduling, data collection
Description
Project videography and photography for archival and grant documentation
Project design, development, and production of digital and print materials
Facility rental fee for project planning, development, rehearsing and refining
Description
13.25 % of insurance for Backhausdance company
26
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.
II. 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.
27
IV. FEDERAL AWARD IDENTIFICATION
FAIN INFORMATION
A.
CONTRACTOR Name:
BACKHAUSDANCE
B.
CONTRACTOR'S Unique
140439295
Identifier (D-U-N-S):
Federal Award
C.
Identification Number
SLFRP 1059
(FAIN):
D.
Federal Award Date:
5/19/2021
E.
Subaward Period of
7/l/2022-6/30/2023
Performance:
Total Amount of Federal
F.
Funds Obligated by the
$30,000
Action:
Total Amount of Federal
G.
Funds Obligated to the
$30,000
CONTRACTOR:
H.
Total Amount of the
$64,180,406.50
Federal Award:
Federal Award Project
American Rescue Plan Act (ARPA)
L
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:
kridge(d),santa-ana.org
M.
CFDA Number:
21.027
CFDA Name:
Coronavirus State and Local Fiscal Recovery Funds
N.
Whether Award is R&D:
No
O
Indirect Cost Rate for the
de minimus or federally negotiated rate
Federal Award:
28
EXHIBIT D
DEBARMENT
Certification Regarding
Debarment, Suspension, Ineligibility and Voluntary Exclusion
Lower Tier Covered Transactions
This certification is required by the regulations implementing Executive Order 12549,
Debarment and Suspension, 29 CFR Part 98, Section 98.510, Participants' responsibilities. The
regulations were published as Part VII of the May 26,1988 Federal Re ig ster (pages 19160-19211).
(BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS FOR
CERTIFICATION - Attached)
(1) The prospective recipient of federal assistance funds certifies, by submission of this
proposal, that neither it nor its principals are presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from participation in this
transaction by any federal department or agency.
(2) Where the prospective recipient of federal assistance funds is unable to certify to any of
the statements in this certification, such prospective participant shall attach an
explanation to this proposal.
Jennifer Backhaus, Artistic Director
Name and Title of Authorized Representative
March 16, 2022
Signature Date
29
INSTRUCTIONS FOR CERTIFICATION
1. By signing and submitting this proposal, the prospective recipient of federal assistance
funds is providing the certification as set out below.
2. The certification in this clause is a material representation of fact upon which reliance
was placed when this transaction was entered into. If it is later determined that the
prospective recipient of federal assistance funds knowingly rendered an erroneous
certification, in addition to other remedies available to the Federal Government, the
Department of Labor (DOL) may pursue available remedies, including suspension and/or
debarment.
3. The prospective recipient of federal assistance funds shall provide immediate 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.
7. 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.
30
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.
31
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.
32
EXHIBIT E
LOBBYING
Certification Regarding Lobbying
Certification for Contracts, Grants, Loans, and Cooperative Agreements
The undersigned certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee of
any agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with the awarding of any Federal contract, the making of any
cooperative agreement, and the extension, continuation, renewal, amendment, or modification of
any Federal contact, grant, loan or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the
undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontract, subgrants, and contracts under
grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose
accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for
making or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any
person who fails to file the required certification shall be subject to a civil penalty of not less
than $10,000 and not more than $100,000 for each such failure.
Backhausdance The Dance for Kindness Project
Grantee/Contactor Organization Program Title
Jennifer Backhaus March 16, 2022
Name of Certifying Officer Signature Date
33
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.
34
EXHIBIT F
DRUG -FREE WORKPLACE
Certification Regarding Drug -Free Worlkplace 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
35
days after receiving notice under subparagraph (d)(2) from an employee or
otherwise receiving actual notice of such conviction;
(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).
B. The contractor shall insert in the space provided on the attached "Place of Performance"
form the site(s) for the performance of work to be carried out with the grant funds
(including street address, city, county, state, and zip code) .the contractor further certifies
that, if it is subsequently determined that additional sites will be used for the performance
of work under the contract, it shall notify the U.S. Department of Housing and Urban
Development immediately upon the decision to use such additional sites by submitting a
revised "Place of Performance" form.
Backhausdance
Organization
March 16, 2022
Authorized Signature Date
36
PLACE OF PERFORMANCE
FOR CERTIFICATION REGARDING DRUG -FREE
WORKPLACE REQUIREMENTS
Name: Two SAUSD elementary schools (to be determined)
Date: September - October 2022 and January - February 2023 (dates to be confirmed)
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):
Two SAUSD elementary schools to be determined
37
AGREEMENT BETWEEN THE CITY OF SANTA ANA AND
COMMUNITY ACTION PARTNERSHIP OF ORANGE COUNTY FOR USE OF
AMERICAN RESCUE PLAN ACT (ARPA) FUNDS
This Agreement is hereby made and entered into this 3rd day of May, 2022 by and
between the City of Santa Ana, a charter city and municipal corporation organized and existing
under the Constitution and laws of the State of California ("CITY"), and Community Action
Partnership of Orange County, a California domestic nonprofit corporation
("SUBRECIPIENT" or "CONTRACTOR").
RFC1TAT.0s-
A. The American Rescue Plan Act ("ARPA") was signed into law in March 2021. ARPA
provides funding for a number of different programs, including the Coronavirus State and
Local Fiscal Recovery Fund ("SLFRF"), to provide monetary support to local governments
to respond to, mitigate, and recover from the COVID-19 public health emergency.
B. On July 20, 2021, the Santa Ana City Council authorized the City Manager to utilize ARPA
SLFRF funding from the United States Department of Treasury for the Revive Santa Ana
Spending Plan, which includes five spending categories: recovery from the pandemic, direct
assistance programs, public health and safety, critical infrastructure, and city fiscal health.
C. SUBRECIPIENT has been selected by the CITY to receive ARPA SLFRF Funds in order to
provide youth programs, including: early childhood support; head start; day care; after school
tutoring; athletic; and, youth violence prevention, in accordance with the Scope of Work
attached hereto as Exhibit A and incorporated herein by reference ("said program").
SUBRECIPIENT represents that it is qualified and willing to operate said program and
certifies that the administration of said program carried out with funds provided under this
Agreement will meet ARPA's objectives to respond to, mitigate, and recover from this
historic COVID-19 public health crisis.
D. SUBRECIPIENT agrees that it will adhere to the tasks and services as indicated in Exhibit A
for said program. Failure to follow the requirements and meet the stated expectations may
constitute breach of contract that could result in termination of this Agreement or serve as
reason for the CITY to recapture the grant funds awarded to SUBRECIPIENT pursuant to
this Agreement.
WHEREFORE, it is agreed by and between the parties that the foregoing Recitals are a
substantive part of this Agreement and the following terms and conditions are approved and together
with all exhibits and attachments hereto, shall constitute the entire Agreement between the CITY and
SUBRECIPIENT:
I. ARPA PROGRAM PROVISIONS
A. Scope of Work. SUBRECIPIENT shall be responsible for the specific tasks and
services of said program, and agrees to administer said program in compliance with the tasks and
1
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 July 1 st, 2022,
and continue through June 30, 2023 ("Term"), unless terminated earlier pursuant to the terms of
this Agreement. This Agreement shall also cover any and all services provided by the
SUBRECIPIENT to the CITY since the date the ARPA SURF Funds were awarded to the CITY.
Additionally, the Term of this Agreement may be extended by a writing executed by the City
Manager, or designee, and the City Attorney.
C. Amount of Grant Funding. The total amount of funds provided for said program
shall not exceed Sixty -Five Thousand Dollars and Zero Cents ($65,000) ("ARPA SURF Funds")
during the Term of the Agreement. SUBRECIPIENT agrees to use said ARPA SURF Funds to
administer said program as outlined in Exhibit A.
D. Disbursement of Funds. Said ARPA SURF Funds shall be disbursed by CITY to
SUBRECIPIENT pursuant to the terms found in the Fee Payment Schedule attached hereto as
Exhibit B, with payments subject to the submittal of invoices and other reporting requirements,
as hereinafter more fully set forth. SUBRECIPIENT shall be obligated to perform such duties as
would normally extend beyond the term, including, but not limited to, obligations with respect to
indemnification, audits, reporting, data retention/reporting, and accounting. Failure to provide any
of the required documentation and reporting will cause CITY to withhold all or a portion of a
request for ARPA SURF Funds, or return the entire request to SUBRECIPIENT, until such
documentation and reporting has been received and approved by CITY.
(1) Reduction in ARPA 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 SUBRECIPIENT's rate of
expenditure will result in unspent funds at the end of the program term. Amendments in the grant
allocation will be made after consultation with SUBRECIPIENT.
(3) Reversion of Assets. SUBRECIPIENT agrees that any and all funds received
under this Agreement shall be utilized during the Term of this Agreement, and that any and all funds
remaining as of the end of the Term, which have not been utilized, shall be returned by
SUBRECIPIENT to the CITY within thirty (30) days of the expiration or earlier termination of the
Agreement. No expense of SUBRECIPIENT will be reimbursed by CITY if incurred after the end
of the Term of the Agreement.
2
E. Grant Program Requirements.
(1) SUBRECIPIENT acknowledges that the source of funding for said program is the
federal ARPA, and that payments from the ARPA SURF Funds are only to be used to make
necessary expenditures incurred due to the public health emergency with respect to COVID-19.
(2) SUBRECIPIENT acknowledges that ARPA provisions allow the use of ARPA
SURF Funds to respond to, mitigate, and recover from the COVID-19 public health emergency, and
will not use these funds for any other uses.
(3) SUBRECIPIENT shall follow the process and determination of eligibility for
participants in said program as outlined in Exhibit A.
F. Performance Monitoring.
(1) SUBRECIPIENT shall submit program performance information as often as
requested by CITY, but no less than the submission of monthly reports and a final report to CITY
with the information requested by and in the format acceptable to CITY. Each monthly report is due
within thirty (30) days of completion of work for each month. The final report is due within thirty
(30) days after the termination or expiration of this Agreement.
(2) CITY will evaluate SUBRECIPIENT's management and operation of said
program with respect to the project expectations as described in Exhibit A.
(3) CITY will review the audit of the SUBRECIPIENT to ensure that grant funds are
used for authorized purposes in compliance with laws, regulations, and the provisions of contracts or
grant agreements under this Agreement, including attachments and exhibits.
(4) If action to correct any substandard performance is not taken by the
SUBRECIPIENT within a reasonable period after being notified by CITY, suspension or termination
procedures may be initiated by CITY.
(5) All performance shall be subject to review by the CITY or other regulatory
agencies at all times. SUBRECIPIENT shall provide adequate cooperation to any inspector or other
CITY representative to permit the same to determine SUBRECIPIENT's conformity with the terms
of this Agreement. If any services performed by SUBRECIPIENT are not in conformance with the
terms of this Agreement, the CITY shall have the right to require SUBRECIPIENT to perform the
services in conformance with the terms of the Agreement at no additional cost. The CITY may also
terminate this Agreement for default and charge SUBRECIPIENT for any costs incurred by the CITY
because of SUBRECIPIENT's failure to perform.
(6) SUBRECIPIENT shall establish adequate procedures for self -monitoring and
quality control and assurance to ensure proper performance under this Agreement; and shall permit a
CITY representative or other regulatory official to monitor, assess, or evaluate SUBRECIPIENT's
performance under this Agreement at any time, upon reasonable notice to SUBRECIPIENT.
G. Audit.
(1) SUBRECIPIENT shall maintain complete and accurate records and supporting
documentation to facilitate financial and/or program audits by CITY. This requirement shall apply
to any records and documentation CITY shall reasonably require or as required to be maintained
pursuant to the ARPA regulations.
(2) The books and accounts, files, and other records of SUBRECIPIENT, which are
applicable to this Agreement, shall be available for inspection, review, and audit during normal
business hours by CITY to determine the proper application and use of all ARPA SLFRF Funds
provided to or for the account or benefit of SUBRECIPIENT.
(3) SUBRECIPIENT assumes responsibility for reimbursement to CITY a sum of
money equivalent to the amount of any expenditures disallowed should the CITY, or an authorized
agency, rule through audit, exception, or some other appropriate means, that expenditures from funds
allocated to SUBRECIPIENT for direct and/or administrative costs were not made in compliance
with the applicable cost principles, regulations, or the provisions of this Agreement.
(4) SUBRECIPIENT agrees to comply with the requirements of OMB Uniform
Guidance 2 CFR Part 200. SUBRECIPIENT further agrees to provide CITY with a copy of
completed independent auditors' report within thirty (30) days of CITY's request for such report. If
the report contains instances of non-compliance with federal laws and regulations that bear directly
on the performance or administration of this Agreement, SUBRECIPIENT shall provide CITY copies
of responses to auditors' reports, a plan for corrective action, and auditors' response that the
noncompliance has been resolved. All reports prepared in accord with the requirements of OMB
Uniform Guidance 2 CFR Part 200 shall be available for inspection by representatives of CITY or the
federal government during normal business hours.
(5) All accounting records, reports, and evidence pertaining to all costs, expenses
and the ARPA SLFRF Funds of SUBRECIPIENT and all documents related to this Agreement
shall be maintained and kept available at SUBRECIPIENT'S office or place of business for the
duration of the Agreement and thereafter for five (5) years from the date of final payment under
this Agreement. Records which relate to: (a) complaints, claims, administrative proceedings or
litigation arising out of the performance of this Agreement; or, (b) costs and expenses of this
Agreement to which CITY or any other governmental agency takes exception, shall be retained
beyond the five (5) years until complete resolution or disposition of such appeals, litigation claims,
or exceptions. In the event SUBRECIPIENT does not make the above -referenced documents
available within the City of Santa Ana, California, SUBRECIPIENT agrees to pay all necessary and
reasonable expenses incurred by CITY in conducting any audit at the location where said records and
books of account are maintained.
H. 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
M
the CITY or to third parties. SUBRECIPIENT agrees not to release or circulate in whole or part
such materials, reports, or products without prior written authorization of the CITY.
I. Close -Out. SUBRECIPIENT agrees to comply with the closeout procedures
detailed in 2 CFR §200.343, including the following:
(1) SUBRECIPIENT must submit, no later than ninety (90) calendar days after the
end date of the period of performance, all financial, performance, and other reports as required by
the terms and conditions of this Agreement;
(2) SUBRECIPIENT must promptly refund any balances of unobligated cash that
the CITY paid in advance or paid and that is not authorized to be retained by SUBRECIPIENT for
use in other projects (See OMB Circular A-129 and 2 CFR §200.345); and,
(3) CITY should complete all closeout actions for the Federal award no later than
one year after receipt and acceptance of all required final reports.
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; (ii) it has
carefully considered how the services should be performed; and, (iii) it fully understands the
facilities, difficulties and restrictions attending performance of the services under this Agreement.
(4) No Conflict. To the best of SUBRECIPIENT'S knowledge,
SUBRECIPIENT'S execution, delivery and performance of its obligations under this Agreement
will not constitute a default or a breach under any contract, agreement or order to which
SUBRECIPIENT is a party or by which it is bound.
(5) No Bankruptcy. SUBRECIPIENT is not the subject of any current or
threatened bankruptcy proceeding.
5
(6) No Pending Legal Proceedings. SUBRECIPIENT is not the subject of a
current or threatened litigation that would or may materially affect SUBRECIPIENT'S
performance under this Agreement.
(7) Proposal Veracity. All provisions of and information provided in
SUBRECIPIENT's proposal submitted to CITY, including any exhibits, are true and correct in all
material respects.
(8) No Pending Investigation. SUBRECIPIENT has no knowledge that it is the
subject of any current or threatened criminal or civil action investigation by any public agency,
including without limitation a police agency or prosecuting authority, which would relate to or
affect performance of the Agreement or provision of services hereunder.
B. Licensing. SUBRECIPIENT agrees to obtain and maintain all required licenses,
registrations, accreditation and inspections from all agencies governing its operations.
SUBRECIPIENT shall ensure that its staff shall also obtain and maintain all required licenses,
registrations, accreditation and inspections from all agencies governing SUBRECIPIENT's
operations hereunder. Such licensing requirements include obtaining a City business license, as
applicable.
C. Zoning. SUBRECIPIENT agrees that any facility/property used in furtherance of said
program shall be specifically zoned and permitted for such use(s) and activities. Should
SUBRECIPIENT fail to have the required land entitlement and/or permits, thus violating any local,
state or federal rules and regulations relating thereto, SUBRECIPIENT shall immediately make good -
faith efforts to gain compliance with local, state or federal rules and regulations following written
notification of said violation(s) from the CITY or other authorized citing agency. SUBRECIPIENT
shall notify CITY immediately of any pending violations. Failure to notify CITY of pending
violations, or to remedy such known violation(s) shall result in termination of grant funding
hereunder. SUBRECIPIENT must make all corrections required to bring the facility/property into
compliance with the law within sixty (60) days of notification of the violation(s); failure to gain
compliance within such time shall result in termination of grant funding hereunder.
D. Separation of Accounts. All funds received by SUBRECIPIENT from CITY pursuant
to this Agreement shall be maintained in an account in a federally insured banking or savings and
loan institution with record keeping of such accounts maintained pursuant to applicable 2 CFR
200.302 requirements. SUBRECIPIENT is not required to maintain separate depository accounts for
ARPA SLFRF Funds; provided however, the SUBRECIPIENT must be able to account for receipt,
obligation, distribution and expenditure of ARPA SLFRF Funds pursuant to applicable 2 CFR
200.302 requirements.
E. Audit Report Requirements. SUBRECIPIENT agrees that if SUBRECIPIENT
expends Seven Hundred Fifty Thousand Dollars ($750,000) or more in federal funds,
SUBRECIPIENT shall have an annual audit conducted by a certified public accountant in accordance
with the standards as set forth and published by the United States Office of Management and Budget.
SUBRECIPIENT shall provide CITY with a copy of said audit by April I of the year following the
program year in which this Agreement is executed.
2
F. Compliance with Law/Program Income. SUBRECIPIENT acknowledges that the
funds being provided by CITY for said program are received by CITY pursuant to ARPA, and that
distribution and expenditure of these ARPA SURF Funds shall be in accordance with ARPA and all
pertinent regulations issued by agencies of the federal government, including, but not limited to, all
regulations found at Title 24 of the Code of Federal Regulations. Any program income received by
SUBRECIPIENT shall be returned to CITY, unless otherwise provided for in this Agreement.
SUBRECIPIENT agrees to comply fully with all federal, state and local laws and court orders
applicable to its operation and administration of said program, whether or not referred to in this
Agreement.
G. Debarment. To protect the public interest and ensure the integrity of Federal
programs, CITY may only conduct business with responsible persons and may not make any award
or permit any award to any party which is debarred or suspended or is otherwise excluded from or
ineligible for participation in Federal assistance programs under Executive Order 12549,
"Debarment and Suspension". See also 24 CFR 570.609. SUBRECIPIENT must review and sign
Exhibit D "Debarment", which is attached hereto and incorporated herein by this reference.
SUBRECIPIENT shall be in good standing, without suspension by the California Secretary of State,
Franchise Tax Board or Internal Revenue Service. Any change in the corporate status or suspension
of SUBRECIPIENT shall be reported immediately to CITY.
H. Confidentiality. Without prejudice to any other provisions of this Agreement,
SUBRECIPIENT shall, where applicable, maintain the confidential nature of information provided
to it concerning participants in accordance with the requirements of federal and state law. However,
SUBRECIPIENT shall submit to CITY or its representatives, all records requested, including audit,
examinations, monitoring and verifications of reports submitted by SUBRECIPIENT, costs incurred
and services rendered hereunder.
I. Independent Contractor. SUBRECIPIENT agrees that the performance of obligations
hereunder is rendered in its capacity as an independent contractor and that it is in no way an agent of
CITY.
J. Violation of Terms and Conditions. SUBRECIPIENT agrees that if SUBRECIPIENT
violates any of the terms and conditions of this Agreement or any prior Agreement whereby ARPA
SURF Funds were received by SUBRECIPIENT, or if SUBRECIPIENT reports inaccurately, or if
on audit there is a disallowance of certain expenditures, SUBRECIPIENT agrees to remedy the acts
or omissions causing the disallowance and repay CITY all amounts spent in violation thereof. If
SUBRECIPIENT engaged in fraudulent activity to obtain and/or justify distribution or expenditure
of the ARPA SURF Funds granted hereunder, SU 3RECIPIENT shall be required to reimburse the
CITY of all such funds that were obtained, distributed and/or spent under fraudulent circumstances.
K. Fraud. SUBRECIPIENT shall immediately report all suspected or known instances
and facts concerning possible fraud, abuse or criminal activity related to said program for the ARPA
SURF Funds under this Agreement.
7
L. Prohibited Use. SUBRECIPIENT hereby certifies and agrees that it will not use
ARPA SLFRF Funds provided through this Agreement to pay for entertainment, meals or gifts, or
other prohibited uses.
M. Lobbying. SUBRECIPIENT certifies that it will comply with federal law (31 U.S.C.
1352) and regulations found at 24 CFR Part 87, which provide that no appropriated funds may be
expended by the recipient of a federal contract, grant, loan or cooperative agreement to pay any person
for influencing or attempting to influence an officer or employee of any agency, Member of Congress,
or an officer or employee of a Member of Congress in connection with awarding of any federal
contract, the making of any federal grant or loan, entering into any cooperative agreement and the
extension, renewal, amendment or modification of any federal contract, grant, loan or cooperative
agreement. SUBRECIPIENT shall sign a certification to that effect in a form as set forth in Exhibit
E, attached hereto and by this reference incorporated herein. SUBRECIPIENT shall submit said
signed certification to CITY prior to performing any of its obligations under this Agreement and prior
to any obligation arising on the part of CITY to pay any sums to SUBRECIPIENT under the terms
and conditions of this Agreement.
If any funds other than Federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any agency, a Member
of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall
complete and submit a "Disclosure Form to Report Lobbying," in accordance with its instructions
(Exhibit E).
N. Financial Interest. SUBRECIPIENT agrees that except for the use of administrative
fees to pay salaries and other related administrative or personnel costs, no persons who exercise or
have exercised any function with respect to administering said program under the 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 SURF Funds shall provide equal
employment opportunities for minorities and women.
Q. Women and Minority -Owned Businesses (W/MBE). SUBRECIPIENT will use its
best efforts to afford small businesses, minority business enterprises, and women's business
enterprises the maximum practicable opportunity to participate in the performance of this
Agreement in accordance with the requirements of 2 CFR 200.321 "Contracting with small and
minority businesses, women's business enterprises, and labor surplus area firms". As used in this
Agreement, the term "small business" means a business that meets the criteria set forth in section
3(a) of the Small Business Act, as amended (15 U.S.C. 632), and "minority and women's business
enterprise" means a business at least fifty-one percent (51 %) owned and controlled by minority
group members or women. For the purpose of this definition, "minority group members" are
African -Americans, Spanish-speaking, Spanish surnamed or Spanish -heritage Americans, Asian -
Americans, and American Indians. SUBRECIPIENT may rely on written representations by
businesses regarding their status as minority and female business enterprises in lieu of an
independent investigation.
R. Drug Free Workplace. SUBRECIPIENT agrees to provide a drug -free workplace and
to execute a certification as set forth in Exhibit F attached hereto and incorporated herein by this
reference.
S. Uniform Administrative Requirements, Cost Principles, and Audit Requirements
for Federal Awards. The following requirements and standards must be complied with: 2 CFR
Part 200 et al. SUBRECIPIENT shall procure all materials, property, or services in accordance
with the requirements of 2 CFR 200.318-326.
III. CITY'S OBLIGATIONS
A. Audit of Account. CITY shall include an audit of the account maintained by
SUBRECIPIENT in CITY's audit of all ARPA SURF 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
0
performed its obligations as stated in this contract in a satisfactory manner, or if the CITY
determines that insufficient supporting information has been submitted, the CITY shall notify the
SUBRECIPIENT in writing of its determination specifying in full detail the objections that it has
to the SUBRECIPIENT's performance. If action to correct such substandard performance is not
taken by the SUBRECIPIENT after being notified by the CITY, within a reasonable period of time
as stipulated in the written notification, contract suspension or termination procedures will be
initiated.
IV. GENERAL PROVISIONS
A. Non -Discrimination.
1. SUBRECIPIENT agrees to comply with Executive Order 11246, which requires
that during the performance of this Agreement, SUBRECIPIENT agrees not to discriminate against
any employee or applicant for employment because of race, religion, sex, color or national origin.
Such action shall include, but not be limited to the following: employment, upgrading, demotion, or
transfer, rates of pay or other forms of compensation, and selection for training, including
apprenticeship. SUBRECIPIENT agrees to post in conspicuous places, available to employees and
applicants for employment, notices to be provided by the SUBRECIPIENT setting forth the
provisions of this nondiscrimination clause.
2. SUBRECIPIENT agrees to comply with Title VI of the Civil Rights Act of 1964,
which indicates that no person shall, on the ground of race, color or national origin, be excluded from
participation in, be denied the benefits of, or be subject to discrimination under any program of activity
receiving federal financial assistance.
3. No person shall, on the grounds of race, sex, creed, color, religion, marital status,
national origin, age, sexual orientation, or physical or mental handicap be excluded from participation
in, be refused the benefits of, or otherwise be subject to discrimination in any activities, programs or
employment supported by this Agreement. SUBRECIPIENT is prohibited from discrimination on
the basis of age or with respect to an otherwise qualified handicapped person as provided for under
Section 109 of the Housing and Community Development Act of 1974, as amended.
4. SUBRECIPIENT agrees to comply with the Age Discrimination Act of 1975,
which requires that during the performance of this Agreement, SUBRECIPIENT agrees not to
discriminate against any employee or applicant for employment because of age. Such action shall
include, but not be limited to the following: employment upgrading, demotion, or transfer, rates of
pay or other forms of compensation, and selection for training, including apprenticeship.
SUBRECIPIENT agrees to post in conspicuous places, available to employees and applicants for
employment, notices to be provided by the SUBRECIPIENT setting forth the provisions of this age
discrimination clause.
5. SUBRECIPIENT agrees to comply with Section 504 of the Rehabilitation Act of
1973, which requires that no otherwise qualified individual with a disability in the United States, shall,
solely by reason of his or her disability, be excluded from the participation in, be denied the benefits
of, or be subjected to discrimination under any program or activity receiving federal financial
10
assistance or under any program or activity conducted by any executive agency or by the United
States Postal Service.
B. Conflict of Interest. Pursuant to the conflict of interest requirements set forth in 24
CFR 570.611 and 2 CFR 200.112, SUBRECIPIENT certifies that no member, officer, employee,
agent or assignee of CITY having direct or indirect control of any ARPA SLFRF Funds granted to
the CITY, inclusive of the subject ARPA SLFRF Funds, shall serve as an officer of SUBRECIPIENT.
Further, any conflict or potential conflict of interest of any officer of SUBRECIPIENT shall be fully
disclosed in writing prior to the execution of this Agreement and said writing shall be attached and
deemed fully incorporated as a part hereof. Notice shall be sent by SUBRECIPIENT to CITY
regarding any changes or modifications to its board of directors and list of officers.
C. Special Certification for Religious Entities. If SUBRECIPIENT is a religious entity,
SUBRECIPIENT hereby agrees that in connection with the provision of the services
SUBRECIPIENT shall provide with ARPA SLFRF Funds, in accordance with 24 CFR 570.2000):
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
11
section, the term "immediate family" means spouse, child, mother, father, brother, sister, brother-in-
law, sister-in-law, father-in-law, mother-in-law, son-in-law, daughter-in-law, aunt, uncle, niece,
nephew, stepparent and stepchild. The term "administrative capacity" means having selection, hiring,
supervisor or management responsibilities.
E. Notices. Notices to the parties shall, unless otherwise requested in writing, be sent by
U.S. Mail, postage prepaid, and addressed as follows:
TO CITY: City of Santa Ana
Lisa Rudloff
Executive Director
Parks, Recreation and Community Services Agency
20 Civic Center Plaza
P.O. Box 1988
Santa Ana, California 92702-1988
TO SUBRECIPIENT:
Community Action Partnership of Orange County
Gregory C. Scott
President & CEO
11870 Monarch Street
Garden Grove, CA 92841-3902
F. Assi ng ability. None of the duties of, or work to be performed by, SUBRECIPIENT
under this Agreement shall be subcontracted or assigned to any agency, consultant, or person
without the prior written consent of CITY. SUBRECIPIENT must submit all subcontracts and
other agreements that relate to this Agreement to CITY. No subcontract or assignment shall
terminate or alter the legal obligations of SUBRECIPIENT pursuant to this Agreement.
G. Indemnification/Hold Harmless. SUBRECIPIENT shall indemnify, defend and save
harmless CITY, its officers, employees, agents, representatives and volunteers from and against any
and all damages to or for loss of use of property and for injuries to or death of any person or persons,
including property and employees or agents of CITY, and shall defend, indemnify and save harmless
CITY, its officers, employees, agents, representatives and volunteers from and against any and all
claims, demands, suits, actions or proceedings of any kind or nature, including, but not by way of
limitation, workers compensation claims and including attorney fees and reasonable expenses for
litigation or settlement, resulting from or arising out of the negligent or wrongful acts, errors or
omissions of SUBRECIPIENT, its officers, directors, employees, agents, subcontractors and
suppliers arising out of SUBRECIPIENT's performance of this Agreement.
H. Insurance.
Contractor shall procure and maintain for the duration of the contract insurance against
claims for injuries to persons or damages to property which may arise from or in connection with
12
the performance of the work hereunder and the results of that work by the Contractor, its agents,
representatives, employees, or subcontractors.
a. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad
as:
Commercial General Liability (CGL): Insurance Services Office Form CG 00
O1 covering CGL on an "occurrence" basis, including products and completed
operations, property damage, bodily injury and personal & advertising injury
with limits no less than $2,000,000 per occurrence. If a general aggregate limit
applies, either the general aggregate limit shall apply separately to this
project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be
twice the required occurrence limit.
2. Automobile Liability: Insurance Services Office Form Number CA 0001
covering, Code 1 (any auto), or if Contractor has no owned autos, Code 8 (hired)
and 9 (non -owned), with limit no less than $1,000,000 (if program services
includes transportation of youth, the limit shall be no less than $5,000,000) per
accident for bodily injury and property damage. (Not required if an automobile
is not required to fulfill services.)
3. Workers' Compensation: insurance as required by the State of California, with
Statutory Limits, and Employer's Liability Insurance with limit of no less than
$1,000,000 per accident for bodily injury or disease.
4. Sexual Abuse or Molestation (SAM) Liability: If the CGL policy referenced
above is not endorsed to include affirmative coverage for sexual abuse or
molestation, Contractor shall obtain and maintain a policy covering Sexual
Abuse and Molestation with a limit no less than $1,000,000 per occurrence or
claim.
5. If the Contractor maintains broader coverage and/or higher limits than the
minimums shown above, the City requires and shall be entitled to the broader
coverage and/or the higher limits maintained by the Contractor. Any available
insurance proceeds in excess of the specified minimum limits of insurance and
coverage shall be available to the City.
b. Other Insurance Provisions — The insurance policies are to contain, or be endorsed to
contain, the following provisions:
Additional Insured Status: The City, its officers, officials, employees, and
volunteers are to be covered as additional insureds on the CGL policy with
respect to liability arising out of work or operations performed by or on behalf
of the Contractor including materials, parts, or equipment furnished in
connection with such work or operations. General liability coverage can be
provided in the form of an endorsement to the Contractor's insurance (at least
as broad as ISO Form CG 20 10 11 85 or if not available, through the addition
of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if a
later edition is used).
13
2. Primary Coverage: For any claims related to this contract, the Contractor's
insurance coverage shall be primary coverage at least as broad as ISO CG 20
0104 13 as respects the City, its officers, officials, employees, and volunteers.
Any insurance or self-insurance maintained by the City, its officers, officials,
employees, or volunteers shall be excess of the Contractor's insurance and shall
not contribute with it.
3. Notice of Cancellation: Each insurance policy required above shall state that
coverage shall not be canceled, except with notice to the City.
4. Waiver of Subrogation: Contractor hereby grants to City a waiver of any right
to subrogation which any insurer of said Contractor may acquire against the
City by virtue of the payment of any loss under such insurance. Contractor
agrees to obtain any endorsement that may be necessary to affect this waiver of
subrogation, but this provision applies regardless of whether or not the City has
received a waiver of subrogation endorsement from the insurer.
5. Self -Insured Retentions: Self -insured retentions must be declared to and
approved by the City. The City may require the Contractor to purchase coverage
with a lower retention or provide proof of ability to pay losses and related
investigations, claim administration, and defense expenses within the retention.
The policy language shall provide, or be endorsed to provide, that the self -
insured retention may be satisfied by either the named insured or City.
6. Acceptability of Insurers: Insurance is to be placed with insurers authorized to
conduct business in the state with a current A.M. Best's rating of no less than
A:VII, unless otherwise acceptable to the City.
7. Claims Made Policies: If any of the required policies provide coverage on a
claims -made basis:
1. The Retroactive Date must be shown and must be before the date of the
contract or the beginning of contract work.
2. Insurance must be maintained and evidence of insurance must be
provided for at least five (5) years after completion of the contract of
work.
3. If coverage is canceled or non -renewed, and not replaced with another
claims -made policy form with a Retroactive Date prior to the contract
effective date, the Contractor must purchase "extended reporting"
coverage for a minimum of five (5) years after completion of contract
work.
8. Verification of Coverage: Contractor shall furnish the City with original
Certificates of Insurance including all required amendatory endorsements (or
copies of the applicable policy language effecting coverage required by this
clause) and a copy of the Declarations and Endorsement Page of the CGL policy
listing all policy endorsements to City before work begins. However, failure to
obtain the required documents prior to the work beginning shall not waive the
Contractor's obligation to provide them. City reserves the right to require
14
complete, certified copies of all required insurance policies, including
endorsements required by these specifications, at any time.
9. Special Risks or Circumstances: City reserves the right to modify these
requirements, including limits, based on the nature of the risk, prior experience,
insurer, coverage, or other special circumstances.
I. Termination.
1. This Agreement may be terminated on thirty (30) days' written notice by either
party. In the event of such termination, SUBRECIPIENT shall only be entitled to reimbursement for
approved expenses incurred to the effective date of termination.
2. This Agreement may be suspended or terminated by CITY upon five (5) days'
written notice for violation by SUBRECIPIENT of Federal Laws governing the use of ARPA SURF
Funds. 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
15
and prior to any adjudication of SUBRECIPIENT's rights, any and all funds not used, and to comply
with the Reversion of Assets requirements in this Agreement.
J. Limitation of Funds. The United States of America may in the future place
programmatic or fiscal limitations on the use of ARPA SLFRF Funds, which limitations are not
presently anticipated. Accordingly, CITY reserves the right to revise this Agreement in order to take
account of actions affecting ARPA program funding. In the event of funding reduction, CITY may,
in its sole and absolute discretion, reduce the budget of this Agreement, may limit the rate of
SUBRECIPIENT's authority to utilize funds, or may restrict SUBRECIPIENT's use of uncommitted
funds. Where CITY has been directed to implement a reduction in funding, with respect to funding
for this Agreement, CITY's City Manager or delegate is authorized to act for CITY in implementing
and effecting such a reduction and in revising, modifying, or amending the Agreement for such
purposes. If such a reduction in funding occurs, SUBRECIPIENT shall be permitted to de -scope
accordingly. Where CITY has reasonable grounds to question SUBRECIPIENT's fiscal
accountability or compliance with this Agreement, CITY may suspend the operation of this
Agreement for up to sixty (60) days upon five (5) days written notice to SUBRECIPIENT of its
intention to so act, pending an audit or other resolution of such questions. In no event, however, shall
any revisions made by CITY affect expenditures and legally binding commitments made by
SUBRECIPIENT before it received notice of such revision, provided that such amounts have been
committed in good faith and are otherwise allowable and that such commitments are consistent with
ARPA SLFRF Funds withdrawal guidelines.
K. Exclusivity and Amendment of Agreement. This Agreement supersedes any and all
other agreements, either oral or in writing, between the parties hereto with respect to the use of CITY's
ARPA SLFRF Funds by SUBRECIPIENT and contains all the covenants and agreements between
the parties with respect to SUBRECIPIIENT's administration of said program. Each party to this
Agreement acknowledges that no representations, inducements, promises or agreements, orally or
otherwise, have been made by any party, or anyone acting on behalf of any party, which are not
embodied herein, and that no other agreement or amendment hereto shall be effective unless executed
in writing and signed by both CITY and SUBRECIPIENT.
L. Laws Governingthis his 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
16
performed by the other shall not be construed to be a waiver of any succeeding breach thereof or
of any other covenant, condition or agreement herein contained.
O. Federal Award Identification Information. SUBRECIPIENT's pertinent Federal
Award Identification Information, including DUNS Number and Federal Award Identification
Number (FAIN), as well as the applicable information for ARPA, are included in Exhibit C
attached hereto and incorporated herein by this reference.
P. Miscellaneous Provisions.
1. Each undersigned represents and warrants that its signature herein below has the
power, authority and right to bind their respective parties to each of the terms of this Agreement, and
shall indemnify CITY fully, including reasonable costs and attorney's fees, for any injuries or
damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is
withdrawn.
2. All Exhibits and Attachments referenced herein and attached hereto shall be
incorporated as if fully set forth in the body of this Agreement.
3. This Agreement must be signed below and may be signed in counterpart and
delivered by fax, email as a PDF (Portable Document Format) file attachment, or by other means that
displays the original or a copy of the signatures. Any subsequent amendments may be signed and
delivered in the same manner.
{Signatures on following page}
17
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year
first written above.
ATTEST:
CITY OF SANTA ANA
DAISY GOMEZ KRISTINE RIDGE
Clerk of the Council City Manager
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
Deputy City Attorney
RECOMMENDED FOR APPROVAL: SUBRECIPIENT:
LISA RUDLOFF
Executive Director
Parks, Recreation and Community Services Agency
GREGORy. SCOTT
President CEO
DUNS #: 039729835
In
EXHIBIT A
SCOPE OF WORK
19
Exhibit A
Scope of Work
1. Proposal shall include details of the youth program/service to be provided, the tasks to be
accomplished, duration of the program (proposals may be up to two years) and the
deliverables to be provided.
Community Action Partnership Orange County proposes to implement a new and innovative
academic tutoring and mentorship youth program in Santa Ana to address disparities in
academic achievement and social and emotional learning (SEL) exacerbated by the COVID-19
pandemic. Over the course of 12 months this program will provide elementary -aged students
with after -school tutoring three days per week, homework help and targeted activities
designed to support SEL. The program will also provide their parents with resources and
services available through our existing programs.
Recognizing the need to engage students of various age groups in academically stimulating
experiences, CAP OC will utilize a cohort of teenagers from our Elevate Youth program based at
Santa Ana High School to provide the tutoring services, with training and guidance from staff.
Elevate Youth, which currently has 30 high school participants, is itself an innovative substance
program centered on substance abuse prevention. Through this program, CAP OC provides a
peer -education model that includes the development of leadership skills, strategies related to
policy, systems, and environmental change, as well as a restorative justice component.
Elevate Youth program participants will commit to serving as tutors/peer mentors for at least
six months. The 8-10 youth will meet twice per week with CAP OC staff to be trained as tutors
and peer mentors, focusing on the development of their knowledge and skills pertaining to: an
understanding of the academic achievement gap in Santa Ana; best practices and strategies in
tutoring elementary school students; how to best engage students through interactive activities
and accessing various learning modalities (e.g. visual, kinetic, verbal, etc.); developing and
maintaining appropriate boundaries; and providing strength -based support and feedback. Once
trained, each tutor/mentor will be paired with one to two students. Staff will have conducted
the initial intake/assessments with the students; however, the tutors/peer mentors will work
with the students and their parents to develop one to three goals. The tutors/mentors will
meet with the students three times per week (Monday, Wednesday, and Friday) for one hour
each time and will track progress towards goal achievement. To support the tutors/mentors,
staff will meet with them once a week, either in -person or virtually. Every month the staff will
also facilitate a group meeting with all the tutors/mentors to share best practices, troubleshoot
challenges and support each other's development. The program will run year-round. The
summer months will provide an opportunity for students to catch up academically. During the
summer there will be opportunities for field trips and increased social emotional learning.
Students will be able to participate in the SWCC Christmas in July program operated by college
interns from Norte Dame. The program encourages youth to volunteer in their community and
provides a holiday event at the end of July to culminate the program.
As an added level of support, CAP OC will also recruit college students as interns to meet with
the tutors/mentors at least monthly (individually and/or as a group) to provide encouragement
and guidance. The college interns will also be trained to provide tutoring/mentorship to fill-in
20
Exhibit A
any gaps in service provision, as is necessary. The college interns will also work with the
tutors/mentors to explore higher education environments. In combination with the other
Elevate Youth program participants, these teens will visit college campuses and review the
college application timeline and process. CAP OC has a successful history of engaging college
students as interns from a variety of institutions including UCI, Cal State Long Beach, Notre
Dame, and more.
CAP OC will deliver services at our Southwest Community Center (SWCC) in Santa Ana. SWCC
offers a signature hot meal program for homeless clients and emergency food assistance and
services for low-income housed individuals and families. The center also offers food, rental and
utility assistance, diapers, free tax services, and coordinated referrals.
Staffing to support the implementation of the program include a half-time Program
Coordinator, Gabriella Gregg, MPH; and in -kind program oversight provided by CAP OC's
Director of Community Partnerships and Community Services, Dolores Barrett.
2. Proposal shall include details of the target population
The target population consists of two -tiers of Santa Ana youth, 1) elementary students, the
majority of whom will be referred from George Washington Carver Elementary School, Romero -
Cruz Academy and John C. Fremont Elementary School; and 2) Santa Ana high-school students
who are already engaged in CAP OC's Elevate Youth program. Specifically, CAP OC will provide
academic tutoring, homework help and SEL activities to 15-20 elementary students (ages 5-12);
and training, guidance and college preparatory activities to 8-10 high school students (ages 13-
18).
3. Proposal shall include details of the unmet need
Santa Ana public schools, like many public schools across the country, have been plagued by
academic achievement disparities across race and socio-economic status for years. According to
the California Department of Education (Ed-Data.org), during the 2018-2019 school year, the
last year for which data are available, a higher percentage of Hispanic and Black/African
American students did not meet the standards for English Language Arts or math, compared to
white students. Students who were economically marginalized were also less likely to achieve
standards compared to other students.
Unfortunately, the pandemic and related school shutdowns and shift to remote learning have
worsened these existing disparities. A McKinsey and Company report (2021) which analyzed
assessment results of more than 1.6 million elementary school students across the country,
found the following:
By the end of the 2020-2021 school year, students were on average, five months behind
in math and four months behind in reading
• Schools that were majority Hispanic or Black, were 6 months behind in both subjects,
while schools that were majority white, were four months behind
21
Exhibit A
• Schools where families' average household incomes were less than $25,000 were seven
and six months behind, respectively
Of course, academic learning was not the only thing that the pandemic took from young people
- many also lost stability and security, and some even lost family members. In a related
McKinsey and Company survey of parents across the country, 35% said they were very or
extremely concerned about their child's mental health, with a similar proportion worried about
their child's social and emotional well-being. The youth of Santa Ana may be particularly
impacted by these losses, given that the city bears the burden of the pandemic, representing
10% of the county population, but 16% of the COVID-19 cases to date.
4. Proposal shall include details of collaborations with local organizations
To implement the proposed program, we will collaborate with the George Washington Carver
Elementary School, Romero -Cruz Academy and John C. Fremont Elementary School to assist
with recruitment of students.
S. Proposal shall include details of innovation in program/service delivery
The proposed program is innovative in that it meets the academic and SEL needs of younger
children by engaging, training, and using the skills of older youth. In doing so, the high school
students also develop new skills and are exposed to new career opportunities. By adding a third
tier of college interns to provide guidance and support for the teenagers, they are further
motivated and prepone ared to explore collegiate opportunities.
22
EXHIBIT B
FEE PAYMENT SCHEDULE
23
Exhibit B
FISCAL YEAR 2022-2023
PROPOSED PROGRAM BUDGET
Organization Name Community Action Partnership of Orange County
Program Name Southwest Community Center After School Youth Program (Revive)
Term: July 1, 2022 to June 30, 2023
EXPENDITURES
Enter budget categories and projected expenditures:
Category
Expenditures
Funded By
Santa Ana
REVIVE Funds
Expenditures
Funded By
Other Sources
Program
Budget
Total
Organization
Budget
Administrative Staff Salaries
$0
$0
$ 2,099,858
Program Staff Salaries
$44,850
$ 14,950
$59,800
$ 8,582,408
Contractual Services
$0
$0
$ 4,984,560
Other- Materials
$3,500
$3,500
$ 1,175,316
Transportation
$6,000
$6,000
$ 251,969
Technology
$1,200
$1,200
$ 160,000
Software
$1,200
$1,200
$ 60,000
General Supplies
$2,341
$2,341
$ 955,316
Indirect
$5,909
$5,909
$ 1,400,000
Operations and Occupancy
$0
$0
$ 15,500,770
TOTAL
1 $65,0001
$14,9501
$79,9501
$35,170,197
PROGRAM RESOURCES
LIST ALL OTHER PROGRAM RESOURCES FOR 2022-2023
Funding Source Total must equal Program Budget Total listed above.
FUNDING SOURCE
AMOUNT
Santa Ana REVIVE
$ 65,000
CSBG Funding
$ 14,950
TOTAL
$ 79,950
24
Exhibit B
2022-2023 REVIVE BUDGET LINE ITEMS
ADMINISTRATIVE STAFF
Position Title Annual Salary & Benefits REVIVE Funds Description
PROGRAM STAFF
Position Title
Annual Salary & Benefits
REVIVE Funds
Description
Program Coordinator
14,950
44,850
(0.75 FTE @ $23 per hour)
CONTRACTUAL/PROFESSIONAL SERVICES
Type of Service Contract Amount REVIVE Funds Description
OTHER LINE ITEMS
Line Item
Program Amount
REVIVE Funds
Description
After School Materials
$3,500
Transportation
$6,000
College Trips
Technology
$1,200
Software
$1,200
General Supplies
$2,341
Indirect
$5,909
OMB De Minimis Rate
Attachment 1(b)
25
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.
II. 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.
26
IV. FEDERAL AWARD IDENTIFICATION
FAIN INFORMATION
A.
CONTRACTOR Name:
COMMUNITY ACTION PARTNERSHIP OF ORANGE
COUNTY
B.
CONTRACTOR'S Unique
039729835
Identifier (D-U-N-S):
Federal Award
C.
Identification Number
SLFRP 1059
(FAIN):
D.
Federal Award Date:
5/19/2021
E.
Subaward Period of
7/l/2022-6/30/2023
Performance:
Total Amount of Federal
F.
Funds Obligated by the
$65,000
Action:
Total Amount of Federal
G.
Funds Obligated to the
$65,000
CONTRACTOR:
H.
Total Amount of the
$64,180,406.50
Federal Award:
Federal Award Project
American Rescue Plan Act (ARPA)
I'
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:
kridgegsanta-ana.org
M.
CFDA Number:
21.027
CFDA Name:
Coronavirus State and Local Fiscal Recovery Funds
N.
Whether Award is R&D:
No
O.
Indirect Cost Rate for the
de minimus or federally negotiated rate
Federal Award:
27
EXHIBIT D
DEBARMENT
Certification Regarding
Debarment, Suspension, Ineligibility and Voluntary Exclusion
Lower Tier Covered Transactions
This certification is required by the regulations implementing Executive Order 12549, Debarment and
Suspension, 29 CFR Part 98, Section 98.510, Participants' responsibilities. The regulations were
published as Part VII of the May 26,1988 Federal 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.
Gregory C. Scott, President & CEO
Name and Title of Authorized Representative
3/ 16/2022
Signature A/j Date
INSTRUCTIONS FOR CERTIFICATION
1. By signing and submitting this proposal, the prospective recipient of federal assistance funds
is providing the certification as set out below.
2. The certification in this clause is a material representation of fact upon which reliance was
placed when this transaction was entered into. If it is later determined that the prospective
recipient of federal assistance funds knowingly rendered an erroneous certification, in
addition to other remedies available to the Federal Government, the Department of Labor
(DOL) may pursue available remedies, including suspension and/or debarment.
3. The prospective recipient of federal assistance funds shall provide immediate 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.
7. 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 Pro _ r
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.
29
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.
30
EXHIBIT E
LOBBYING
Certification Regarding Lobbying
Certification for Contracts, Grants, Loans, and Cooperative Agreements
The undersigned certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee of
any agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with the awarding of any Federal contract, the making of any
cooperative agreement, and the extension, continuation, renewal, amendment, or modification of
any Federal contact, grant, loan or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person
for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall
complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance
with its instructions.
(3) The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontract, subgrants, and contracts under
grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose
accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making
or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who
fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and
not more than $100,000 for each such failure.
Community Action Partnership of Orange County SWCC Youth Program
Grantee/Contactor Organization ' Program Title
Name of Certifying Officer
Date
31
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.
32
EXHIBIT F
DRUG -FREE WORKPLACE
Certification Regarding Drug -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;
33
(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).
B. The contractor shall insert in the space provided on the attached "Place of Performance"
form the site(s) for the performance of work to be carried out with the grant funds
(including street address, city, county, state, and zip code) .the contractor further certifies
that, if it is subsequently determined that additional sites will be used for the performance
of work under the contract, it shall notify the U.S. Department of Housing and Urban
Development immediately upon the decision to use such additional sites by submitting a
revised "Place of Performance" form.
Community Action Partnership of Orange County
Authoff)ed Signature
3/16/2022
Date
34
PLACE OF PERFORMANCE
FOR CERTIFICATION REGARDING DRUG -FREE
WORKPLACE REQUIREMENTS
Name: Community Action Partnership of Orange County
Date: March 16.2022
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):
1601 W. 2nd Street
Santa Ana, CA 92703
35
AGREEMENT BETWEEN THE CITY OF SANTA ANA AND
DELHI CENTER FOR USE OF
AMERICAN RESCUE PLAN ACT (ARPA) FUNDS
This Agreement is hereby made and entered into this 3rd day of May, 2022, by and
between the City of Santa Ana, a charter city and municipal corporation organized and existing
under the Constitution and laws of the State of California ("CITY"), and Delhi Center, a
California domestic nonprofit corporation ("SUBRECIPIENT" or "CONTRACTOR").
RECITALS:
A. The American Rescue Plan Act ("ARPA") was signed into law in March 2021. ARPA
provides funding for a number of different programs, including the Coronavirus State and
Local Fiscal Recovery Fund ("SLFRF"), to provide monetary support to local governments
to respond to, mitigate, and recover from the COVID-19 public health emergency.
B. On July 20, 2021, the Santa Ana City Council authorized the City Manager to utilize ARPA
SLFRF funding from the United States Department of Treasury for the Revive Santa Ana
Spending Plan, which includes five spending categories: recovery from the pandemic, direct
assistance programs, public health and safety, critical infrastructure, and city fiscal health.
C. SUBRECIPIENT has been selected by the CITY to receive ARPA SLFRF Funds in order to
provide youth programs, including: early childhood support; head start; day care; after school
tutoring; athletic; and, youth violence prevention, in accordance with the Scope of Work
attached hereto as Exhibit A and incorporated herein by reference ("said program").
SUBRECIPIENT represents that it is qualified and willing to operate said program and
certifies that the administration of said program carried out with funds provided under this
Agreement will meet ARPA's objectives to respond to, mitigate, and recover from this
historic COV1D-19 public health crisis.
D. SUBRECIPIENT agrees that it will adhere to the tasks and services as indicated in Exhibit A
for said program. Failure to follow the requirements and meet the stated expectations may
constitute breach of contract that could result in termination of this Agreement or serve as
reason for the CITY to recapture the grant funds awarded to SUBRECIPIENT pursuant to
this Agreement.
WHEREFORE, it is agreed by and between the parties that the foregoing Recitals are a
substantive part of this Agreement and the following terms and conditions are approved and together
with all exhibits and attachments hereto, shall constitute the entire Agreement between the CITY and
SUBRECIPIENT:
I. ARPA PROGRAM PROVISIONS
A. Scope of Work. SUBRECIPIENT shall be responsible for the specific tasks and
services of said program, and agrees to administer said program in compliance with the tasks and
services as described in the Scope of Work attached hereto as Exhibit A. SUBRECIPIENT's failure
to perform as required may, in addition to other remedies set forth in this Agreement, result in
readjustment of the amount of funds for said program or termination of this Agreement.
B. Term ofAgreement. The term of said Agreement shall commence on July 1 st, 2022,
and continue through June 30, 2023 ("Tern"), unless terminated earlier pursuant to the terms of
this Agreement. This Agreement shall also cover any and all services provided by the
SUBRECIPIENT to the CITY since the date the ARPA SURF Funds were awarded to the CITY.
Additionally, the Term of this Agreement may be extended by a writing executed by the City
Manager, or designee, and the City Attorney.
C. Amount of Grant Funding. The total amount of funds provided for said program
shall not exceed One Hundred Twenty -Three Thousand Nine Hundred Thirty Dollars and Zero
Cents ($123,930) ("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 terns 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 nonnally extend beyond the term, including, but not limited to, obligations with respect to
indemnification, audits, reporting, data retention/reporting, and accounting. Failure to provide any
of the required documentation and reporting will cause CITY to withhold all or a portion of a
request for ARPA SURF Funds, or return the entire request to SUBRECIPIENT, until such
documentation and reporting has been received and approved by CITY.
(1) Reduction in ARPA SURF Funding. The CITY reserves the right to reduce
the amount of ARPA SURF Funds to SUBRECIPIENT, or to completely terminate this
Agreement, in the CITY's sole discretion, if there is a reduction in ARPA SURF Funds provided
to the CITY.
(2) Reduced Distribution of Funds. The CITY reserves the right to reduce the
grant application if the CITY's fiscal monitoring indicates that SUBRECIPIENT's rate of
expenditure will result in unspent funds at the end of the program term. Amendments in the grant
allocation will be made after consultation with SUBRECIPIENT.
(3) Reversion of Assets. SUBRECIPIENT agrees that any and all funds received
under this Agreement shall be utilized during the Tern 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.
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 Monitorin .
(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 CTTY
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. SU3RECIP1ENT shall provide adequate cooperation to any inspector or other
CTTY representative to permit the same to determine SUBRECIPIENT's conformity with the terms
of this Agreement. If any services performed by SUBRECIPIENT are not in conformance with the
terms of this Agreement, the CITY shall have the right to require SUBRECIPIENT to perform the
services in conformance with the terms of the Agreement at no additional cost. The CITY may also
terminate this Agreement for default and charge SUBRECIPIENT for any costs incurred by the CITY
because of SUBRECIPIENT's failure to perform.
(6) SUBRECIPIENT shall establish adequate procedures for self -monitoring and
quality control and assurance to ensure proper performance under this Agreement; and shall permit a
CITY representative or other regulatory official to monitor, assess, or evaluate SUBRECIPIENT's
performance under this Agreement at any time, upon reasonable notice to SUBRECIPIENT.
G. Audit.
(1) SUBRECIPIENT shall maintain complete and accurate records and supporting
documentation to facilitate financial and/or program audits by CITY. This requirement shall apply
to any records and documentation CITY shall reasonably require or as required to be maintained
pursuant to the ARPA regulations.
(2) The books and accounts, files, and other records of SUBRECIPIENT, which are
applicable to this Agreement, shall be available for inspection, review, and audit during normal
business hours by CITY to determine the proper application and use of all ARPA SURF 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 SURF Funds of SUBRECIPIENT and all documents related to this Agreement
shall be maintained and kept available at SUBRECIPIENT'S office or place of business for the
duration of the Agreement and thereafter for five (5) years from the date of final payment under
this Agreement. Records which relate to: (a) complaints, claims, administrative proceedings or
litigation arising out of the performance of this Agreement; or, (b) costs and expenses of this
Agreement to which CITY or any other governmental agency takes exception, shall be retained
beyond the five (5) years until complete resolution or disposition of such appeals, litigation claims,
or exceptions. In the event SUBRECIPIENT does not make the above -referenced documents
available within the City of Santa Ana, California, SUBRECIPIENT agrees to pay all necessary and
reasonable expenses incurred by CITY in conducting any audit at the location where said records and
books of account are maintained.
H. 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
4
the CITY or to third parties. SUBRECIPIENT agrees not to release or circulate in whole or part
such materials, reports, or products without prior written authorization of the CITY.
I. Close -Out. SUBRECIPIENT agrees to comply with the closeout procedures
detailed in 2 CFR §200.343, including the following:
(1) SUBRECIPIENT must submit, no later than ninety (90) calendar days after the
end date of the period of performance, all financial, performance, and other reports as required by
the terms and conditions of this Agreement;
(2) SUBRECIPIENT must promptly refund any balances of unobligated cash that
the CITY paid in advance or paid and that is not authorized to be retained by SUBRECIPIENT for
use in other projects (See OMB Circular A-129 and 2 CFR §200.345); and,
(3) CITY should complete all closeout actions for the Federal award no later than
one year after receipt and acceptance of all required final reports.
H. SUBRECIPIENT'S OBLIGATIONS
A. Representations and Warranties.
(1) Authority. SUBRECIPIENT is a duly organized and existing domestic
nonprofit corporation in good standing and authorized to do business under the laws of the State
of California. SUBRECIPIENT has full right, power and lawful authority to accept the funding
hereunder and to undertake all obligations as provided herein and the execution, performance and
delivery of this Agreement by SUBRECIPIENT has been fully authorized by all requisite actions
on the part of SUBRECIPIENT.
(2) Experience. SUBRECIPIENT is qualified to provide the administrator services
for said program detailed herein.
(3) Familiarity With Services Required. By executing this Agreement,
SUBRECIPIENT warrants that: (i) it has thoroughly investigated and considered the administrator
services to be performed and provided for said program as detailed in Exhibit A; (ii) it has
carefully considered how the services should be performed; and, (iii) it fully understands the
facilities, difficulties and restrictions attending performance of the services under this Agreement.
(4) No Conflict. To the best of SUBRECIPIENT'S knowledge,
SUBRECIPIENT'S execution, delivery and performance of its obligations under this Agreement
will not constitute a default or a breach under any contract, agreement or order to which
SUBRECIPIENT is a party or by which it is bound.
(5) No Bankruptcy. SUBRECIPIENT is not the subject of any current or
threatened bankruptcy proceeding.
(6) No Pending Legal Proceedings. SUBRECIPIENT is not the subject of a
current or threatened litigation that would or may materially affect SUBRECIPIENT'S
performance under this Agreement.
(7) Proposal Veracity. All provisions of and information provided in
SUBRECIPIENT's proposal submitted to CITY, including any exhibits, are true and correct in all
material respects.
(8) No Pending Investigation. SUBRECIPIENT has no knowledge that it is the
subject of any current or threatened criminal or civil action investigation by any public agency,
including without limitation a police agency or prosecuting authority, which would relate to or
affect performance of the Agreement or provision of services hereunder.
B. Licensing. SUBRECIPIENT agrees to obtain and maintain all required licenses,
registrations, accreditation and inspections from all agencies governing its operations.
SUBRECIPIENT shall ensure that its staff shall also obtain and maintain all required licenses,
registrations, accreditation and inspections from all agencies governing SUBRECIPIENT's
operations hereunder. Such licensing requirements include obtaining a City business license, as
applicable.
C. Zoning. SUBRECIPIENT agrees that any facility/property used in furtherance of said
program shall be specifically zoned and permitted for such use(s) and activities. Should
SUBRECIPIENT fail to have the required land entitlement and/or permits, thus violating any local,
state or federal rules and regulations relating thereto, SUBRECIPIENT shall immediately make good -
faith efforts to gain compliance with local, state or federal rules and regulations following written
notification of said violation(s) from the CITY or other authorized citing agency. SUBRECIPIENT
shall notify CITY immediately of any pending violations. Failure to notify CITY of pending
violations, or to remedy such known violation(s) shall result in termination of grant funding
hereunder. SUBRECIPIENT must make all corrections required to bring the facility/property into
compliance with the law within sixty (60) days of notification of the violation(s); failure to gain
compliance within such time shall result in termination of grant funding hereunder.
D. Separation ofAccounts. All funds received by SUBRECIPIENT from CITY pursuant
to this Agreement shall be maintained in an account in a federally insured banking or savings and
loan institution with record keeping of such accounts maintained pursuant to applicable 2 CFR
200.302 requirements. 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_Regort Requirements. SUBRECIPIENT agrees that if SUBRECIPIENT
expends Seven Hundred Fifty Thousand Dollars ($750,000) or more in federal funds,
SUBRECIPIENT shall have an annual audit conducted by a certified public accountant in accordance
with the standards as set forth and published by the United States Office of Management and Budget.
SUBRECIPIENT shall provide CITY with a copy of said audit by April 1 of the year following the
program year in which this Agreement is executed.
0
F. Compliance with Law/Pror am Income. SUBRECIPIENT acknowledges that the
funds being provided by CITY for said program are received by CITY pursuant to ARPA, and that
distribution and expenditure of these ARPA SURF Funds shall be in accordance with ARPA and all
pertinent regulations issued by agencies of the federal government, including, but not limited to, all
regulations found at Title 24 of the Code of Federal Regulations. Any program income received by
SUBRECIPIENT shall be returned to CITY, unless otherwise provided for in this Agreement.
SUBRECIPIENT agrees to comply fully with all federal, state and local laws and court orders
applicable to its operation and administration of said program, whether or not referred to in this
Agreement.
G. Debarment. To protect the public interest and ensure the integrity of Federal
programs, CITY may only conduct business with responsible persons and may not make any award
or permit any award to any party which is debarred or suspended or is otherwise excluded from or
ineligible for participation in Federal assistance programs under Executive Order 12549,
"Debarment and Suspension". See also 24 CFR 570.609. SUBRECIPIENT must review and sign
Exhibit D "Debarment", which is attached hereto and incorporated herein by this reference.
SUBRECIPIENT shall be in good standing, without suspension by the California Secretary of State,
Franchise Tax Board or Internal Revenue Service. Any change in the corporate status or suspension
of SUBRECIPIENT shall be reported immediately to CITY.
H. Confidentiality. Without prejudice to any other provisions of this Agreement,
SUBRECIPIENT shall, where applicable, maintain the confidential nature of information provided
to it concerning participants in accordance with the requirements of federal and state law. However,
SUBRECIPIENT shall submit to CITY or its representatives, all records requested, including audit,
examinations, monitoring and verifications of reports submitted by SUBRECIPIENT, costs incurred
and services rendered hereunder.
I. Independent Contractor. SUBRECIPIENT agrees that the performance of obligations
hereunder is rendered in its capacity as an independent contractor and that it is in no way an agent of
CITY.
J. Violation of Terms and Conditions. SUBRECIPIENT agrees that if SUBRECIPIENT
violates any of the terms and conditions of this Agreement or any prior Agreement whereby ARPA
SURF Funds were received by SUBRECIPIENT, or if SUBRECIPIENT reports inaccurately, or if
on audit there is a disallowance of certain expenditures, SUBRECIPIENT agrees to remedy the acts
or omissions causing the disallowance and repay CITY all amounts spent in violation thereof. If
SUBRECIPIENT engaged in fraudulent activity to obtain and/or justify distribution or expenditure
of the ARPA SLFRF Funds granted hereunder, SUBRECIPIENT shall be required to reimburse the
CITY of all such funds that were obtained, distributed and/or spent under fraudulent circumstances.
K. Fraud. SUBRECIPIENT shall immediately report all suspected or known instances
and facts concerning possible fraud, abuse or criminal activity related to said program for the ARPA
SURF Funds under this Agreement.
7
L. Prohibited Use. SUBRECIPIENT hereby certifies and agrees that it will not use
ARPA SLFRF Funds provided through this Agreement to pay for entertainment, meals or gifts, or
other prohibited uses.
M. Lobbdg. SUBRECIPIENT certifies that it will comply with federal law (31 U.S.C.
1352) and regulations found at 24 CFR Part 87, which provide that no appropriated funds may be
expended by the recipient of a federal contract, grant, loan or cooperative agreement to pay any person
for influencing or attempting to influence an officer or employee of any agency, Member of Congress,
or an officer or employee of a Member of Congress in connection with awarding of any federal
contract, the making of any federal grant or loan, entering into any cooperative agreement and the
extension, renewal, amendment or modification of any federal contract, grant, loan or cooperative
agreement. SUBRECIPIENT shall sign a certification to that effect in a form as set forth in Exhibit
E, attached hereto and by this reference incorporated herein. SUBRECIPIENT shall submit said
signed certification to CITY prior to performing any of its obligations under this Agreement and prior
to any obligation arising on the part of CITY to pay any sums to SUBRECIPIENT under the terms
and conditions of this Agreement.
If any funds other than Federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any agency, a Member
of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall
complete and submit a "Disclosure Form to Report Lobbying," in accordance with its instructions
(Exhibit E).
N. Financial Interest. SUBRECIPIENT agrees that except for the use of administrative
fees to pay salaries and other related administrative or personnel costs, no persons who exercise or
have exercised any function with respect to administering said program under the 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 (15 U.S.C. 632), and "minority and women's business
enterprise" means a business at least fifty-one percent (51%) owned and controlled by minority
group members or women. For the purpose of this definition, "minority group members" are
African -Americans, Spanish-speaking, Spanish surnamed or Spanish -heritage Americans, Asian -
Americans, and American Indians. SUBRECIPIENT may rely on written representations by
businesses regarding their status as minority and female business enterprises in lieu of an
independent investigation.
R. Drug Free Workplace. SUBRECIPIENT agrees to provide a drug -free workplace and
to execute a certification as set forth in Exhibit F attached hereto and incorporated herein by this
reference.
S. Uniform Administrative Requirements,_ Cost Principles, and Audit Requirements
for Federal Awards. The following requirements and standards must be complied with: 2 CFR
Part 200 et al. SUBRECIPIENT shall procure all materials, property, or services in accordance
with the requirements of 2 CFR 200.318-326.
M. 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 SU13RECIPTENT has not
0
performed its obligations as stated in this contract in a satisfactory manner, or if the CITY
determines that insufficient supporting information has been submitted, the CITY shall notify the
SUBRECIPIENT in writing of its determination specifying in full detail the objections that it has
to the SUBRECIPIENT's performance. If action to correct such substandard performance is not
taken by the SUBRECIPIENT after being notified by the CITY, within a reasonable period of time
as stipulated in the written notification, contract suspension or termination procedures will be
initiated.
IV. GENERAL PROVISIONS
A. Non -Discrimination.
1. SUBRECIPIENT agrees to comply with Executive Order 11246, which requires
that during the performance of this Agreement, SUBRECIPIENT agrees not to discriminate against
any employee or applicant for employment because of race, religion, sex, color or national origin.
Such action shall include, but not be limited to the following: employment, upgrading, demotion, or
transfer, rates of pay or other forms of compensation, and selection for training, including
apprenticeship. SUBRECIPIENT agrees to post in conspicuous places, available to employees and
applicants for employment, notices to be provided by the SUBRECIPIENT setting forth the
provisions of this nondiscrimination clause.
2. SUBRECIPIENT agrees to comply with Title VI of the Civil Rights Act of 1964,
which indicates that no person shall, on the ground of race, color or national origin, be excluded from
participation in, be denied the benefits of, or be subject to discrimination under any program of activity
receiving federal financial assistance.
3. No person shall, on the grounds of race, sex, creed, color, religion, marital status,
national origin, age, sexual orientation, or physical or mental handicap be excluded from participation
in, be refused the benefits of, or otherwise be subject to discrimination in any activities, programs or
employment supported by this Agreement. SUBRECIPIENT is prohibited from discrimination on
the basis of age or with respect to an otherwise qualified handicapped person as provided for under
Section 109 of the Housing and Community Development Act of 1974, as amended.
4. SUBRECIPIENT agrees to comply with the Age Discrimination Act of 1975,
which requires that during the performance of this Agreement, SUBRECIPIENT agrees not to
discriminate against any employee or applicant for employment because of age. Such action shall
include, but not be limited to the following: employment upgrading, demotion, or transfer, rates of
pay or other forms of compensation, and selection for training, including apprenticeship.
SUBRECIPIENT agrees to post in conspicuous places, available to employees and applicants for
employment, notices to be provided by the SUBRECIPIENT setting forth the provisions of this age
discrimination clause.
5. SUBRECIPIENT agrees to comply with Section 504 of the Rehabilitation Act of
1973, which requires that no otherwise qualified individual with a disability in the United States, shall,
solely by reason of his or her disability, be excluded from the participation in, be denied the benefits
of, or be subjected to discrimination under any program or activity receiving federal financial
10
assistance or under any program or activity conducted by any executive agency or by the United
States Postal Service.
B. Conflict of Interest. Pursuant to the conflict of interest requirements set forth in 24
CFR 570.611 and 2 CFR 200.112, SUBRECIPIENT certifies that no member, officer, employee,
agent or assignee of CITY having direct or indirect control of any ARPA SLFRF Funds granted to
the CITY, inclusive of the subject ARPA SLFRF Funds, shall serve as an officer of SUBRECIPIENT.
Further, any conflict or potential conflict of interest of any officer of SUBRECIPIENT shall be fully
disclosed in writing prior to the execution of this Agreement and said writing shall be attached and
deemed fully incorporated as a part hereof. Notice shall be sent by SUBRECIPIENT to CITY
regarding any changes or modifications to its board of directors and list of officers.
C. Svecial 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
11
section, the term "immediate family" means spouse, child, mother, father, brother, sister, brother-in-
law, sister-in-law, father-in-law, mother-in-law, son-in-law, daughter-in-law, aunt, uncle, niece,
nephew, stepparent and stepchild. The term "administrative capacity" means having selection, hiring,
supervisor or management responsibilities.
E. Notices. Notices to the parties shall, unless otherwise requested in writing, be sent by
U.S. Mail, postage prepaid, and addressed as follows:
TO CITY: City of Santa Ana
Lisa Rudloff
Executive Director
Parks, Recreation and Community Services Agency
20 Civic Center Plaza
P.O. Box 1988
Santa Ana, California 92702-1988
TO SUBRECIPIENT:
Delhi Center
Patrisia Gonzalez
Director of Operations
505 E. Central Ave.
Santa Ana, CA 92707-3503
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 and the results of that work by the Contractor, its agents,
representatives, employees, or subcontractors.
12
a. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall beat least as broad
as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00
01 covering CGL on an "occurrence" basis, including products and completed
operations, property damage, bodily injury and personal & advertising injury
with limits no less than $2,000,000 per occurrence. If a general aggregate limit
applies, either the general aggregate limit shall apply separately to this
project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be
twice the required occurrence limit.
2. Automobile Liability: Insurance Services Office Form Number CA 0001
covering, Code 1(any auto), or if Contractor has no owned autos, Code 8 (hired)
and 9 (non -owned), with limit no less than $1,000,000 (if program services
includes transportation of youth, the limit shall be no less than $5,000,000) per
accident for bodily injury and property damage. (Not required if an automobile
is not required to fulfill services.)
3. Workers' Compensation: insurance as required by the State of California, with
Statutory Limits, and Employer's Liability Insurance with limit of no less than
$1,000,000 per accident for bodily injury or disease.
4. Sexual Abuse or Molestation (SAM) Liability: If the CGL policy referenced
above is not endorsed to include affirmative coverage for sexual abuse or
molestation, Contractor shall obtain and maintain a policy covering Sexual
Abuse and Molestation with a limit no less than $1,000,000 per occurrence or
claim.
5. If the Contractor maintains broader coverage and/or higher limits than the
minimums shown above, the City requires and shall be entitled to the broader
coverage and/or the higher limits maintained by the Contractor. Any available
insurance proceeds in excess of the specified minimum limits of insurance and
coverage shall be available to the City.
b. Other Insurance Provisions — The insurance policies are to contain, or be endorsed to
contain, the following provisions:
1. Additional Insured Status: The City, its officers, officials, employees, and
volunteers are to be covered as additional insureds on the CGL policy with
respect to liability arising out of work or operations performed by or on behalf
of the Contractor including materials, parts, or equipment furnished in
connection with such work or operations. General liability coverage can be
provided in the form of an endorsement to the Contractor's insurance (at least
as broad as ISO Form CG 20 10 11 85 or if not available, through the addition
of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if a
later edition is used).
2. Prima7y Coverage: For any claims related to this contract, the Contractor's
insurance coverage shall be primary coverage at least as broad as ISO CG 20
01 04 13 as respects the City, its officers, officials, employees, and volunteers.
13
Any insurance or self-insurance maintained by the City, its officers, officials,
employees, or volunteers shall be excess of the Contractor's insurance and shall
not contribute with it.
3. Notice of Cancellation: Each insurance policy required above shall state that
coverage shall not be canceled, except with notice to the City.
4. Waiver of Subrogation: Contractor hereby grants to City a waiver of any right
to subrogation which any insurer of said Contractor may acquire against the
City by virtue of the payment of any loss under such insurance. Contractor
agrees to obtain any endorsement that may be necessary to affect this waiver of
subrogation, but this provision applies regardless of whether or not the City has
received a waiver of subrogation endorsement from the insurer.
5. Self -Insured Retentions: Self -insured retentions must be declared to and
approved by the City. The City may require the Contractor to purchase coverage
with a lower retention or provide proof of ability to pay losses and related
investigations, claim administration, and defense expenses within the retention.
The policy language shall provide, or be endorsed to provide, that the self -
insured retention may be satisfied by either the named insured or City.
6. Acceptability oflnsurers: 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
A:VII, unless otherwise acceptable to the City.
7. Claims Made Policies: If any of the required policies provide coverage on a
claims -made basis:
I . 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.
Verification of Coverage: Contractor shall furnish the City with original
Certificates of Insurance including all required amendatory endorsements (or
copies of the applicable policy language effecting coverage required by this
clause) and a copy of the Declarations and Endorsement Page of the CGL policy
listing all policy endorsements to City before work begins. However, failure to
obtain the required documents prior to the work beginning shall not waive the
Contractor's obligation to provide them. City reserves the right to require
complete, certified copies of all required insurance policies, including
endorsements required by these specifications, at any time.
14
9. Special Risks or Circumstances: City reserves the right to modify these
requirements, including limits, based on the nature of the risk, prior experience,
insurer, coverage, or other special circumstances.
I. Termination.
1. This Agreement may be terminated on thirty (30) days' written notice by either
party. In the event of such termination, SUBRECIPIENT shall only be entitled to reimbursement for
approved expenses incurred to the effective date of termination.
2. This Agreement may be suspended or terminated by CITY upon five (5) days'
written notice for violation by SUBRECIPIENT of Federal Laws governing the use of ARPA SURF
Funds. 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 fiends not used, and to comply
with the Reversion of Assets requirements in this Agreement.
15
J. Limitation of Funds. The United States of America may in the future place
programmatic or fiscal limitations on the use of ARPA SLFRF Funds, which limitations are not
presently anticipated. Accordingly, CITY reserves the right to revise this Agreement in order to take
account of actions affecting ARPA program funding. In the event of funding reduction, CITY may,
in its sole and absolute discretion, reduce the budget of this Agreement, may limit the rate of
SUBRECIPIENT's authority to utilize funds, or may restrict SUBRECIPIENT's use of uncommitted
funds. Where CITY has been directed to implement a reduction in funding, with respect to funding
for this Agreement, CITY's City Manager or delegate is authorized to act for CITY in implementing
and effecting such a reduction and in revising, modifying, or amending the Agreement for such
purposes. If such a reduction in funding occurs, SUBRECIPIENT shall be permitted to de -scope
accordingly. Where CITY has reasonable grounds to question SUBRECIPIENT's fiscal
accountability or compliance with this Agreement, CITY may suspend the operation of this
Agreement for up to sixty (60) days upon five (5) days written notice to SUBRECIPIENT of its
intention to so act, pending an audit or other resolution of such questions. In no event, however, shall
any revisions made by CITY affect expenditures and legally binding commitments made by
SUBRECIPIENT before it received notice of such revision, provided that such amounts have been
committed in good faith and are otherwise allowable and that such commitments are consistent with
ARPA SLFRF Funds withdrawal guidelines.
K. Exclusivity and Amendment of Agreement. This Agreement supersedes any and all
other agreements, either oral or in writing, between the parties hereto with respect to the use of CITY's
ARPA SLFRF Funds by SUBRECIPIENT and contains all the covenants and agreements between
the parties with respect to SUBRECIPIIENT's administration of said program. Each party to this
Agreement acknowledges that no representations, inducements, promises or agreements, orally or
otherwise, have been made by any party, or anyone acting on behalf of any party, which are not
embodied herein, and that no other agreement or amendment hereto shall be effective unless executed
in writing and signed by both CITY and SUBRECIPIENT.
L. Laws Governing this Agreement. This Agreement shall be governed by and construed
in accordance with the laws of the State of California, and all applicable federal laws and regulations.
M. Validity and Severability. The invalidity in whole or in part of any provision of this
Agreement shall not void or affect the validity of any other provision of this Agreement. Whenever
possible, each provision of this AGREEMENT shall be interpreted in such manner as to be
effective and valid under applicable law, but if any provision of this AGREEMENT is held to be
prohibited by or invalid under applicable law, such provision shall be ineffective only to the extent
of such prohibition or invalidity, without invalidating the remainder of such provisions of this
AGREEMENT.
N. Waiver. No delay or omission by either 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.
16
O. Federal Award Identification Information. SUBRECIPIENT's pertinent Federal
Award Identification Information, including DUNS Number and Federal Award Identification
Number (FAIN), as well as the applicable information for ARPA, are included in Exhibit C
attached hereto and incorporated herein by this reference.
P. Miscellaneous Provisions.
1. Each undersigned represents and warrants that its signature herein below has the
power, authority and right to bind their respective parties to each of the terms of this Agreement, and
shall indemnify CITY fully, including reasonable costs and attorney's fees, for any injuries or
damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is
withdrawn.
2. All Exhibits and Attachments referenced herein and attached hereto shall be
incorporated as if fully set forth in the body of this Agreement.
3. This Agreement must be signed below and may be signed in counterpart and
delivered by fax, email as a PDF (Portable Document Format) file attachment, or by other means that
displays the original or a copy of the signatures. Any subsequent amendments may be signed and
delivered in the same manner.
(Signatures onfollowingpage}
17
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year
first written above.
ATTEST:
DAISY GOMEZ
Clerk of the Council
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
--may: BRANDON SALVATIERRA
Deputy City Attorney
RECOMAMNDED FOR APPROVAL:
LISA RUDLOFF
Executive Director
Parks, Recreation and Community Services Agency
18
CITY OF SANTA ANA
KRISTINE RIDGE
City Manager
SUBRECIPIENT:
SIA ONZAl Z
Director of Operations
DUNS #: 088513593
EXHIBIT A
SCOPE OF WORK
19
Exhibit A
SCOPE OF WORK - REVISED
Details of the Youth Program/Service, Tasks, Duration, and Deliverables
Training and Research for Teens and Bullying Prevention Curriculum
These activities will be conducted as originally stated however the timeline will change.
The original timeline called for teens meeting once a week after school for approximately
15-20 hours per year from September through October and March through May each year
for two years. Research and training would have been conducted several times during the
two-year period as new teens were recruited however with the new timeline this will
occur only once with teens who are recruited at the beginning of the program.
The curriculum will be reduced from 11 weeks per year to 35 days total. The new
timeline will be as follows:
July - August 2022
• Outreach and Recruitment for Teens
• Intake, Assessment, and Orientation
September — October, 2022
• Research and Training
• Prep for November Camp
November, 2022
• Conduct November Camp (3 days)
• Prep for December Camp
December, 2022
• Conduct Winter Camp (8 days)
January — February, 2023
• Produce Advocacy Materials
March — April, 2023
• Prep for Spring Camp
• Conduct Spring Camp (5 days)
May — June, 2023
• Prep for Summer Camp
• Conduct Summer Camp (19 days)
National Bullying Prevention Month Activities
This activity will still be conducted but on a much smaller scale. The goal will be to have
the teens promote anti -bullying on social media and to participate in at least one activity
intended to raise awareness of bullying.
20
Exhibit A
Bullying Prevention Advocacµ
The teens will produce advocacy materials with limited input from the children they work
with during November and December camps only. Also, the teens will reduce the number
of resource tables they staff to about three per year, which may result in not all teens
staffing at least one event. The teens will not produce Bullying Prevention Videos and
they will not conduct Parent Training and Engagement as there will be insufficient time,
however the staff may conduct some of these activities if feasible.
Recognition
The end -of -summer community event will not be conducted because the program will not
allow for a full summer camp to be conducted.
Target Population
The target population will be reduced from a total of 85 participants, (25 teens/60 children) to
15 teens and 50 Children. A two-year grant period would have allowed for recruitment and
enrollment over time so that 85 participants could have been recruited. Each camp includes
duplicates from the camp before plus new recruits for an unduplicated final count. With just
one year, all recruitment will be done during a limited time thereby reducing the total number
that can be served. The target population will remain as originally indicated with participants
being Santa Ana residents who come from extremely and low-income households.
Innovation in Program/Service Delivery
The program will lose some of its innovative features due to the reduction from two years to
one year as there will be insufficient time for the teens to conduct all the work that had been
originally planned. Teens will still be trained and will use their skills to train and mentor
younger children but on a limited scale.
BUDGET PROPOSAL — REVISED
The budget has been revised to reflect the reduction in the number of participants to be
served and the reduction in activities that will be conducted. The cost of curriculum materials
has been reduced and the plan is to purchase only the fifth -grade materials, which staff can
use as a guide to develop curriculum activities for the lower grades. The staff costs will
remain the same as they will be needed to work on the curriculum and do some of the work
that the teens would have produced with the two-year plan.
21
EXHIBIT B
FEE PAYMENT SCHEDULE
22
Exhibit B
FISCAL YEAR 2022-2023
PROPOSED PROGRAM BUDGET
Organization Name Delhi Center
Program Name Building Resiliency in Teens (BRIK)
Term: July 1, 2022 to June 30, 2023
EXPENDITURES
Enter budget categories and projected expenditures:
Category
Expenditures
Funded By
Santa Ana
REVIVE Funds
Expenditures
Funded By
Other Sources
Program
Budget
Total
Organization
Budget
Administrative Staff Salaries
$0
$0
$ 224,544
Program Staff Salaries
$117,119
$117,119
$ 426,601
Contractual Services
$0
$0
$ 64,000
Other -Program Materials & Supplies
$1,654
$1,654
$ 213,900
Indirect Costs
$5,156
$5,156
Teen Scholarships
$0
$ 6,500
$6,500
$0
$0
$0
$0
$0
$0
TOTAL
$123,9291
$6,500
$130,429
$929,045
PROGRAM RESOURCES
LIST ALL OTHER PROGRAM RESOURCES FOR 2022-2023
Funding Source Total must equal Program Budget Total listed above.
Attachment 1(a)
FUNDING SOURCE
AMOUNT
Santa Ana REVIVE
$ 123,929
Teen Scholarships
$ 6,500
iG'AL
$ 130,429
23
Exhibit B
2022-2023 REVIVE BUDGET LINE ITEMS
ADMINISTRATIVE STAFF
Position Title j Annual Salary & Benefits REVIVE Funds Description
PROGRAM STAFF
Position Title
Annual Salary & Benefits
REVIVE Funds
Description
Oversees program development, implementation,
supervision, and evaluation; coordinates teen and partner
activities and ensures completion and tracking of
Program Manager
51,900
25,950
deliverables. (.50 FTE)
Leads teens to research program components and trains
teens in program implementation; supervises teens'work
Program Assistant
43,003
43,003
with the children. (1.0 FTE)
Assists with program implementation, supervision of
teens and children, takes attendance, assists with intake,
Program Leader
24,083
48,166
registration, and other activities. (2 @ .75 FTE)
CONTRACTUAL/PROFESSIONAL SERVICES
Type of Service Contract Amount REVIVE Funds Description
OTHER LINE ITEMS
Line Item
Program Amount
REVIVE Funds
Description
5th Grade printed curriculum manual with lessons, lesson
scripts and instructions, and cues for visual aids used
during the lesson and post -lesson activities and curriculum
Anti -Bullying Curriculum
$ 685.00
$685
resource kit
Ofice and art supplies, paper, pens, paints, flash drives, file
folders, etc. needed for teen files and portfolios that help
keep track work product, deliverables and benchmarks
and for classroom activities. Also, t-shirts are used to
Program Supplies
$ 969.00
969
identify Teen Leaders and promote belonging.
Custodian services for room set up and tear down and
sanitizing for student health and saftey, sanitation
Indirect Costs
5,156
supplies, PPE, etc.
Teen Scholarships
$ 6,500.00
0
Scholarships up to $500 each for 13 teens
Attachment 1(b)
24
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.
H. 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.
25
IV. FEDERAL AWARD IDENTIFICATION
FAIN INFORMATION
A.
CONTRACTOR Name:
DELHI CENTER
B.
CONTRACTOR'S Unique
088513593
Identifier (D-U-N-S):
Federal Award
C.
Identification Number
SLFRP1059
(FAIN):
D.
Federal Award Date:
5/19/2021
E.
Subaward Period of 7/l/2022-6/30/2023
Performance:
Total Amount of Federal
F.
Funds Obligated by the $123,930
Action:
Total Amount of Federal
G.
Funds Obligated to the $123,930
CONTRACTOR:
H.
Total Amount of the
$64,180,406.50
Federal Award:
American Rescue Plan Act (ARPA)
Federal Award Project
I
Description:
J.
Federal Awarding Agency:
U.S. Department of the Treasury
K.
Name of PTE:
City of Santa Ana
Kristine Ridge, City Manager
L.
Contact Information for the
Awarding Official:
(714) 647-5200
Phone Number:
E-mail Address:
kridgeRsanta-ana.org
M.
CFDA Number:
21.027
Coronavirus State and Local Fiscal Recovery Funds
CFDA Name:
N.
Whether Award is R&D:
No
O'
Indirect Cost Rate for the
de minimus or federally negotiated rate
Federal Award:
—�
26
EXHIBIT D
DEBARMENT
Certification Regarding
Debarment, Suspension, Ineligibility and Voluntary Exclusion
Lower Tier Covered Transactions
This certification is required by the regulations implementing Executive Order 12549, Debarment and
Suspension, 29 CFR Part 98, Section 98.510, Participants' responsibilities. The regulations were
published as Part VII of the May 26,1988 Federal Register (pages 1916049211).
(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.
Name and Title of
�—*W-
Si tore
117-1 Assvei^fe-
Representative
3-Ik-"2-, --
Date
27
iye*v-
INSTRUCTIONS FOR CERTIFICATION
1, By signing and submitting this proposal, the prospective recipient of federal assistance funds
is providing the certification as set out below.
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.
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.
7. A paricipant 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 Pro _grams.
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.
28
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.
29
EXHIBIT E
LOBBYING
Certification Regarding Lobbying
Certification for Contracts. Grants. Loans. and Cooperative Agreements
The undersigned certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee of
any agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with the awarding of any Federal contract, the making of any
cooperative agreement, and the extension, continuation, renewal, amendment, or modification of
any Federal contact, grant, loan or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person
for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall
complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance
with its instructions.
(3) The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontract, subgrants, and contracts under
grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose
accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making
or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who
fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and
not more than $100,000 for each such failure.
De I h'l OtOY
Grantee/Contactor Organization
Name of Certifying Officer
- — - SA CILatft--
Program Title
-
Signature
30
Date
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.
31
EXHIBIT F
DRUG -FREE WORKPLACE
Certification ReLardinL Drua-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;
32
(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).
B. The contractor shall insert in the space provided on the attached "Place of Performance"
form the site(s) for the performance of work to be carried out with the grant funds
(including street address, city, county, state, and zip code) .the contractor further certifies
that, if it is subsequently determined that additional sites will be used for the performance
of work under the contract, it shall notify the U.S. Department of Housing and Urban
Development immediately upon the decision to use such additional sites by submitting a
++ "revised "Place of Performance" form.
Ceofev
Or riization
Aut in, rized §ignature Date
33
PLACE OF PERFORMANCE
FOR CERTIFICATION REGARDING DRUG -FREE
WORKPLACE REQUIREMENTS
Name: I 7 �P*e
Date: `b ' ( Lp. aD
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):
34
AGREEMENT BETWEEN THE CITY OF SANTA ANA AND
DISCOVERY SCIENCE CENTER OF ORANGE COUNTY FOR USE OF
AMERICAN RESCUE PLAN ACT (ARPA) FUNDS
This Agreement is hereby made and entered into this 3rd day of May, 2022, by and
between the City of Santa Ana, a charter city and municipal corporation organized and existing
under the Constitution and laws of the State of California ("CITY"), and Discovery Science
Center of Orange County, a California domestic nonprofit corporation ("SUBRECIPIENT" or
"CONTRACTOR").
RFCTTAT,.q-
A. The American Rescue Plan Act ("ARPA") was signed into law in March 2021. ARPA
provides funding for a number of different programs, including the Coronavirus State and
Local Fiscal Recovery Fund ("SLFRF"), to provide monetary support to local governments
to respond to, mitigate, and recover from the COVID-19 public health emergency.
B. On July 20, 2021, the Santa Ana City Council authorized the City Manager to utilize ARPA
SLFRF funding from the United States Department of Treasury for the Revive Santa Ana
Spending Plan, which includes five spending categories: recovery from the pandemic, direct
assistance programs, public health and safety, critical infrastructure, and city fiscal health.
C. SUBRECIPIENT has been selected by the CITY to receive ARPA SLFRF Funds in order to
provide youth programs, including: early childhood support; head start; day care; after school
tutoring; athletic; and, youth violence prevention, in accordance with the Scope of Work
attached hereto as Exhibit A and incorporated herein by reference ("said program").
SUBRECIPIENT represents that it is qualified and willing to operate said program and
certifies that the administration of said program carried out with funds provided under this
Agreement will meet ARPA's objectives to respond to, mitigate, and recover from this
historic COVID-19 public health crisis.
D. SUBRECIPIENT agrees that it will adhere to the tasks and services as indicated in Exhibit A
for said program. Failure to follow the requirements and meet the stated expectations may
constitute breach of contract that could result in tennination 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 July 1 st, 2022,
and continue through June 30, 2023 ("Term"), unless terminated earlier pursuant to the terms of
this Agreement. This Agreement shall also cover any and all services provided by the
SUBRECIPIENT to the CITY since the date the ARPA SURF Funds were awarded to the CITY.
Additionally, the Term of this Agreement may be extended by a writing executed by the City
Manager, or designee, and the City Attorney.
C. Amount of Grant Funding. The total amount of funds provided for said program
shall not exceed Ninety Thousand Twenty -Eight Dollars and Zero Cents ($90,028) ("ARPA
SURF Funds") during the Term of the Agreement. SUBRECIPIENT agrees to use said ARPA
SURF Funds to administer said program as outlined in Exhibit A.
D. Disbursement of Funds. Said ARPA SURF Funds shall be disbursed by CITY to
SUBRECIPIENT pursuant to the terms found in the Fee Payment Schedule attached hereto as
Exhibit B, with payments subject to the submittal of invoices and other reporting requirements,
as hereinafter more fully set forth. SUBRECIPIENT shall be obligated to perform such duties as
would normally extend beyond the term, including, but not limited to, obligations with respect to
indemnification, audits, reporting, data retention/reporting, and accounting. Failure to provide any
of the required documentation and reporting will cause CITY to withhold all or a portion of a
request for ARPA SURF Funds, or return the entire request to SUBRECIPIENT, until such
documentation and reporting has been received and approved by CITY.
(1) Reduction in ARPA 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 SUBRECIPIENT's rate of
expenditure will result in unspent funds at the end of the program term. Amendments in the grant
allocation will be made after consultation with SUBRECIPIENT.
(3) Reversion of Assets. SUBRECIPIENT agrees that any and all funds received
under this Agreement shall be utilized during the Term of this Agreement, and that any and all funds
remaining as of the end of the Term, which have not been utilized, shall be returned by
SUBRECIPIENT to the CITY within thirty (30) days of the expiration or earlier termination of the
Agreement. No expense of SUBRECIPIENT will be reimbursed by CITY if incurred after the end
of the Term of the Agreement.
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.
3
G. Audit.
(1) SUBRECIPIENT shall maintain complete and accurate records and supporting
documentation to facilitate financial and/or program audits by CITY. This requirement shall apply
to any records and documentation CITY shall reasonably require or as required to be maintained
pursuant to the ARPA regulations.
(2) The books and accounts, files, and other records of SUBRECIPIENT, which are
applicable to this Agreement, shall be available for inspection, review, and audit during normal
business hours by CITY to determine the proper application and use of all ARPA SLFRF Funds
provided to or for the account or benefit of SUBRECIPIENT.
(3) SUBRECIPIENT assumes responsibility for reimbursement to CITY a sum of
money equivalent to the amount of any expenditures disallowed should the CITY, or an authorized
agency, rule through audit, exception, or some other appropriate means, that expenditures from funds
allocated to SUBRECIPIENT for direct and/or administrative costs were not made in compliance
with the applicable cost principles, regulations, or the provisions of this Agreement.
(4) SUBRECIPIENT agrees to comply with the requirements of OMB Uniform
Guidance 2 CFR Part 200. SUBRECIPIENT further agrees to provide CITY with a copy of
completed independent auditors' report within thirty (30) days of CITY's request for such report. If
the report contains instances of non-compliance with federal laws and regulations that bear directly
on the performance or administration of this Agreement, SUBRECIPIENT shall provide CITY copies
of responses to auditors' reports, a plan for corrective action, and auditors' response that the
noncompliance has been resolved. All reports prepared in accord with the requirements of OMB
Uniform Guidance 2 CFR Part 200 shall be available for inspection by representatives of CITY or the
federal government during normal business hours.
(5) All accounting records, reports, and evidence pertaining to all costs, expenses
and the ARPA SLFRF Funds of SUBRECIPIENT and all documents related to this Agreement
shall be maintained and kept available at SUBRECIPIENT' S office or place of business for the
duration of the Agreement and thereafter for five (5) years from the date of final payment under
this Agreement. Records which relate to: (a) complaints, claims, administrative proceedings or
litigation arising out of the performance of this Agreement; or, (b) costs and expenses of this
Agreement to which CITY or any other governmental agency takes exception, shall be retained
beyond the five (5) years until complete resolution or disposition of such appeals, litigation claims,
or exceptions. In the event SUBRECIPIENT does not make the above -referenced documents
available within the City of Santa Ana, California, SUBRECIPIENT agrees to pay all necessary and
reasonable expenses incurred by CITY in conducting any audit at the location where said records and
books of account are maintained.
H. 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
2
the CITY or to third parties. SUBRECIPIENT agrees not to release or circulate in whole or part
such materials, reports, or products without prior written authorization of the CITY.
I. Close -Out. SUBRECIPIENT agrees to comply with the closeout procedures
detailed in 2 CFR §200.343, including the following:
(1) SUBRECIPIENT must submit, no later than ninety (90) calendar days after the
end date of the period of performance, all financial, performance, and other reports as required by
the terms and conditions of this Agreement;
(2) SUBRECIPIENT must promptly refund any balances of unobligated cash that
the CITY paid in advance or paid and that is not authorized to be retained by SUBRECIPIENT for
use in other projects (See OMB Circular A-129 and 2 CFR §200.345); and,
(3) CITY should complete all closeout actions for the Federal award no later than
one year after receipt and acceptance of all required final reports.
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; (ii) it has
carefully considered how the services should be performed; and, (iii) it fully understands the
facilities, difficulties and restrictions attending performance of the services under this Agreement.
(4) No Conflict. To the best of SUBRECIPIENT' S knowledge,
SUBRECIPIENT' S execution, delivery and performance of its obligations under this Agreement
will not constitute a default or a breach under any contract, agreement or order to which
SUBRECIPIENT is a party or by which it is bound.
(5) No Bankruptcy. SUBRECIPIENT is not the subject of any current or
threatened bankruptcy proceeding.
k
(6) No Pending Legal Proceedings. SUBRECIPIENT is not the subject of a
current or threatened litigation that would or may materially affect SUBRECIPIENT' S
performance under this Agreement.
(7) Proposal Veracity. All provisions of and information provided in
SUBRECIPIENT's proposal submitted to CITY, including any exhibits, are true and correct in all
material respects.
(8) No Pending Investigation. SUBRECIPIENT has no knowledge that it is the
subject of any current or threatened criminal or civil action investigation by any public agency,
including without limitation a police agency or prosecuting authority, which would relate to or
affect performance of the Agreement or provision of services hereunder.
B. Licensin&. 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 SUBRECIPIENT from CITY pursuant
to this Agreement shall be maintained in an account in a federally insured banking or savings and
loan institution with record keeping of such accounts maintained pursuant to applicable 2 CFR
200.302 requirements. SUBRECIPIENT is not required to maintain separate depository accounts for
ARPA SLFRF Funds; provided however, the SUBRECIPIENT must be able to account for receipt,
obligation, distribution and expenditure of ARPA SLFRF Funds pursuant to applicable 2 CFR
200.302 requirements.
E. Audit Report Requirements. SUBRECIPIENT agrees that if SUBRECIPIENT
expends Seven Hundred Fifty Thousand Dollars ($750,000) or more in federal funds,
SUBRECIPIENT shall have an annual audit conducted by a certified public accountant in accordance
with the standards as set forth and published by the United States Office of Management and Budget.
SUBRECIPIENT shall provide CITY with a copy of said audit by April 1 of the year following the
program year in which this Agreement is executed.
0
F. Compliance with Law/Program Income. SUBRECIPIENT acknowledges that the
funds being provided by CITY for said program are received by CITY pursuant to ARPA, and that
distribution and expenditure of these ARPA SURF Funds shall be in accordance with ARPA and all
pertinent regulations issued by agencies of the federal government, including, but not limited to, all
regulations found at Title 24 of the Code of Federal Regulations. Any program income received by
SUBRECIPIENT shall be returned to CITY, unless otherwise provided for in this Agreement.
SUBRECIPIENT agrees to comply fully with all federal, state and local laws and court orders
applicable to its operation and administration of said program, whether or not referred to in this
Agreement.
G. Debarment. To protect the public interest and ensure the integrity of Federal
programs, CITY may only conduct business with responsible persons and may not make any award
or permit any award to any party which is debarred or suspended or is otherwise excluded from or
ineligible for participation in Federal assistance programs under Executive Order 12549,
"Debarment and Suspension". See also 24 CFR 570.609. SUBRECIPIENT must review and sign
Exhibit D "Debarment", which is attached hereto and incorporated herein by this reference.
SUBRECIPIENT shall be in good standing, without suspension by the California Secretary of State,
Franchise Tax Board or Internal Revenue Service. Any change in the corporate status or suspension
of SUBRECIPIENT shall be reported immediately to CITY.
H. Confidentiality. Without prejudice to any other provisions of this Agreement,
SUBRECIPIENT shall, where applicable, maintain the confidential nature of information provided
to it concerning participants in accordance with the requirements of federal and state law. However,
SUBRECIPIENT shall submit to CITY or its representatives, all records requested, including audit,
examinations, monitoring and verifications of reports submitted by SUBRECIPIENT, costs incurred
and services rendered hereunder.
I. Independent Contractor. SUBRECIPIENT agrees that the performance of obligations
hereunder is rendered in its capacity as an independent contractor and that it is in no way an agent of
CITY.
J. Violation of Terms and Conditions. SUBRECIPIENT agrees that if SUBRECIPIENT
violates any of the terms and conditions of this Agreement or any prior Agreement whereby ARPA
SURF Funds were received by SUBRECIPIENT, or if SUBRECIPIENT reports inaccurately, or if
on audit there is a disallowance of certain expenditures, SUBRECIPIENT agrees to remedy the acts
or omissions causing the disallowance and repay CITY all amounts spent in violation thereof. If
SUBRECIPIENT engaged in fraudulent activity to obtain and/or justify distribution or expenditure
of the ARPA SURF Funds granted hereunder, SUBRECIPIENT shall be required to reimburse the
CITY of all such funds that were obtained, distributed and/or spent under fraudulent circumstances.
K. Fraud. SUBRECIPIENT shall immediately report all suspected or known instances
and facts concerning possible fraud, abuse or criminal activity related to said program for the ARPA
SURF Funds under this Agreement.
7
L. Prohibited Use. SUBRECIPIENT hereby certifies and agrees that it will not use
ARPA SLFRF Funds provided through this Agreement to pay for entertainment, meals or gifts, or
other prohibited uses.
M. Lobbying. SUBRECIPIENT certifies that it will comply with federal law (31 U.S.C.
1352) and regulations found at 24 CFR Part 87, which provide that no appropriated funds may be
expended by the recipient of a federal contract, grant, loan or cooperative agreement to pay any person
for influencing or attempting to influence an officer or employee of any agency, Member of Congress,
or an officer or employee of a Member of Congress in connection with awarding of any federal
contract, the making of any federal grant or loan, entering into any cooperative agreement and the
extension, renewal, amendment or modification of any federal contract, grant, loan or cooperative
agreement. SUBRECIPIENT shall sign a certification to that effect in a form as set forth in Exhibit
E, attached hereto and by this reference incorporated herein. SUBRECIPIENT shall submit said
signed certification to CITY prior to performing any of its obligations under this Agreement and prior
to any obligation arising on the part of CITY to pay any sums to SUBRECIPIENT under the terms
and conditions of this Agreement.
If any funds other than Federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any agency, a Member
of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall
complete and submit a "Disclosure Form to Report Lobbying," in accordance with its instructions
(Exhibit E).
N. Financial Interest. SUBRECIPIENT agrees that except for the use of administrative
fees to pay salaries and other related administrative or personnel costs, no persons who exercise or
have exercised any function with respect to administering said program under the 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.
0
P. Equal Employment Opportunities. SUBRECIPIENT shall make every effort to
ensure that all projects fiinded wholly or in part by ARPA SURF Funds shall provide equal
employment opportunities for minorities and women.
Q. Women and Minority -Owned Businesses (W/MBE). SUBRECIPIENT will use its
best efforts to afford small businesses, minority business enterprises, and women's business
enterprises the maximum practicable opportunity to participate in the performance of this
Agreement in accordance with the requirements of 2 CFR 200.321 "Contracting with small and
minority businesses, women's business enterprises, and labor surplus area firms". As used in this
Agreement, the term "small business" means a business that meets the criteria set forth in section
3(a) of the Small Business Act, as amended (15 U.S.C. 632), and "minority and women's business
enterprise" means a business at least fifty-one percent (51 %) owned and controlled by minority
group members or women. For the purpose of this definition, "minority group members" are
African -Americans, Spanish-speaking, Spanish surnamed or Spanish -heritage Americans, Asian -
Americans, and American Indians. SUBRECIPIENT may rely on written representations by
businesses regarding their status as minority and female business enterprises in lieu of an
independent investigation.
R. Drug Free Workplace. SUBRECIPIENT agrees to provide a drug -free workplace and
to execute a certification as set forth in Exhibit F attached hereto and incorporated herein by this
reference.
S. Uniform Administrative Requirements, Cost Principles, and Audit Requirements
for Federal Awards. The following requirements and standards must be complied with: 2 CFR
Part 200 et al. SUBRECIPIENT shall procure all materials, property, or services in accordance
with the requirements of 2 CFR 200.318-326.
III. CITY'S OBLIGATIONS
A. Audit of Account. CITY shall include an audit of the account maintained by
SUBRECIPIENT in CITY's audit of all ARPA SURF 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
r
performed its obligations as stated in this contract in a satisfactory manner, or if the CITY
determines that insufficient supporting information has been submitted, the CITY shall notify the
SUBRECIPIENT in writing of its determination specifying in full detail the objections that it has
to the SUBRECIPIENT's performance. If action to correct such substandard performance is not
taken by the SUBRECIPIENT after being notified by the CITY, within a reasonable period of time
as stipulated in the written notification, contract suspension or termination procedures will be
initiated.
IV. GENERAL PROVISIONS
A. Non -Discrimination.
1. SUBRECIPIENT agrees to comply with Executive Order 11246, which requires
that during the performance of this Agreement, SUBRECIPIENT agrees not to discriminate against
any employee or applicant for employment because of race, religion, sex, color or national origin.
Such action shall include, but not be limited to the following: employment, upgrading, demotion, or
transfer, rates of pay or other forms of compensation, and selection for training, including
apprenticeship. SUBRECIPIENT agrees to post in conspicuous places, available to employees and
applicants for employment, notices to be provided by the SUBRECIPIENT setting forth the
provisions of this nondiscrimination clause.
2. SUBRECIPIENT agrees to comply with Title VI of the Civil Rights Act of 1964,
which indicates that no person shall, on the ground of race, color or national origin, be excluded from
participation in, be denied the benefits of, or be subject to discrimination under any program of activity
receiving federal financial assistance.
3. No person shall, on the grounds of race, sex, creed, color, religion, marital status,
national origin, age, sexual orientation, or physical or mental handicap be excluded from participation
in, be refused the benefits of, or otherwise be subject to discrimination in any activities, programs or
employment supported by this Agreement. SUBRECIPIENT is prohibited from discrimination on
the basis of age or with respect to an otherwise qualified handicapped person as provided for under
Section 109 of the Housing and Community Development Act of 1974, as amended.
4. SUBRECIPIENT agrees to comply with the Age Discrimination Act of 1975,
which requires that during the performance of this Agreement, SUBRECIPIENT agrees not to
discriminate against any employee or applicant for employment because of age. Such action shall
include, but not be limited to the following: employment upgrading, demotion, or transfer, rates of
pay or other forms of compensation, and selection for training, including apprenticeship.
SUBRECIPIENT agrees to post in conspicuous places, available to employees and applicants for
employment, notices to be provided by the SUBRECIPIENT setting forth the provisions of this age
discrimination clause.
5. SUBRECIPIENT agrees to comply with Section 504 of the Rehabilitation Act of
1973, which requires that no otherwise qualified individual with a disability in the United States, shall,
solely by reason of his or her disability, be excluded from the participation in, be denied the benefits
of, or be subjected to discrimination under any program or activity receiving federal financial
10
assistance or under any program or activity conducted by any executive agency or by the United
States Postal Service.
B. Conflict of Interest. Pursuant to the conflict of interest requirements set forth in 24
CFR 570.611 and 2 CFR 200.112, SUBRECIPIENT certifies that no member, officer, employee,
agent or assignee of CITY having direct or indirect control of any ARPA SLFRF Funds granted to
the CITY, inclusive of the subject ARPA SLFRF Funds, shall serve as an officer of SUBRECIPIENT.
Further, any conflict or potential conflict of interest of any officer of SUBRECIPIENT shall be fully
disclosed in writing prior to the execution of this Agreement and said writing shall be attached and
deemed fully incorporated as a part hereof. Notice shall be sent by SUBRECIPIENT to CITY
regarding any changes or modifications to its board of directors and list of officers.
C. Special Certification for Religious Entities. If SUBRECIPIENT is a religious entity,
SUBRECIPIENT hereby agrees that in connection with the provision of the services
SUBRECIPIENT shall provide with ARPA SLFRF Funds, in accordance with 24 CFR 570.2000):
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 SURF 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 Ne op tism. SUBRECIP ENT agrees not to hire or permit the hiring of
any person to fill a position funded through this Agreement if a member of that person's immediate
family is employed in an administrative capacity by SUBRECIPIENT. For the purposes of this
11
section, the term "immediate family" means spouse, child, mother, father, brother, sister, brother-in-
law, sister-in-law, father-in-law, mother-in-law, son-in-law, daughter-in-law, aunt, uncle, niece,
nephew, stepparent and stepchild. The term "administrative capacity" means having selection, hiring,
supervisor or management responsibilities.
E. Notices. Notices to the parties shall, unless otherwise requested in writing, be sent by
U.S. Mail, postage prepaid, and addressed as follows:
TO CITY: City of Santa Ana
Lisa Rudloff
Executive Director
Parks, Recreation and Community Services Agency
20 Civic Center Plaza
P.O. Box 1988
Santa Ana, California 92702-1988
TO SUBRECIPIENT:
Discovery Science Center of Orange County
Debbie Loughran
Vice President, Development
2500 N. Main St
Santa Ana, CA 92705-6600
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 and the results of that work by the Contractor, its agents,
representatives, employees, or subcontractors.
12
a. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad
as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00
01 covering CGL on an "occurrence" basis, including products and completed
operations, property damage, bodily injury and personal & advertising injury
with limits no less than $2,000,000 per occurrence. If a general aggregate limit
applies, either the general aggregate limit shall apply separately to this
project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be
twice the required occurrence limit.
2. Automobile Liability: Insurance Services Office Form Number CA 0001
covering, Code 1 (any auto), or if Contractor has no owned autos, Code 8 (hired)
and 9 (non -owned), with limit no less than $1,000,000 (if program services
includes transportation of youth, the limit shall be no less than $5,000,000) per
accident for bodily injury and property damage. (Not required if an automobile
is not required to fulfill services.)
3. Workers' Compensation: insurance as required by the State of California, with
Statutory Limits, and Employer's Liability Insurance with limit of no less than
$1,000,000 per accident for bodily injury or disease.
4. Sexual Abuse or Molestation (SAM) Liability: If the CGL policy referenced
above is not endorsed to include affirmative coverage for sexual abuse or
molestation, Contractor shall obtain and maintain a policy covering Sexual
Abuse and Molestation with a limit no less than $1,000,000 per occurrence or
claim.
5. If the Contractor maintains broader coverage and/or higher limits than the
minimums shown above, the City requires and shall be entitled to the broader
coverage and/or the higher limits maintained by the Contractor. Any available
insurance proceeds in excess of the specified minimum limits of insurance and
coverage shall be available to the City.
b. Other Insurance Provisions — The insurance policies are to contain, or be endorsed to
contain, the following provisions:
1. Additional Insured Status: The City, its officers, officials, employees, and
volunteers are to be covered as additional insureds on the CGL policy with
respect to liability arising out of work or operations performed by or on behalf
of the Contractor including materials, parts, or equipment furnished in
connection with such work or operations. General liability coverage can be
provided in the form of an endorsement to the Contractor's insurance (at least
as broad as ISO Form CG 20 10 11 85 or if not available, through the addition
of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if a
later edition is used).
2. Primary Coverage: For any claims related to this contract, the Contractor's
insurance coverage shall be primary coverage at least as broad as ISO CG 20
01 04 13 as respects the City, its officers, officials, employees, and volunteers.
13
Any insurance or self-insurance maintained by the City, its officers, officials,
employees, or volunteers shall be excess of the Contractor's insurance and shall
not contribute with it.
3. Notice of Cancellation: Each insurance policy required above shall state that
coverage shall not be canceled, except with notice to the City.
4. Waiver of Subrogation: Contractor hereby grants to City a waiver of any right
to subrogation which any insurer of said Contractor may acquire against the
City by virtue of the payment of any loss under such insurance. Contractor
agrees to obtain any endorsement that may be necessary to affect this waiver of
subrogation, but this provision applies regardless of whether or not the City has
received a waiver of subrogation endorsement from the insurer.
5. Self -Insured Retentions: Self -insured retentions must be declared to and
approved by the City. The City may require the Contractor to purchase coverage
with a lower retention or provide proof of ability to pay losses and related
investigations, claim administration, and defense expenses within the retention.
The policy language shall provide, or be endorsed to provide, that the self -
insured retention may be satisfied by either the named insured or City.
6. Acceptability of Insurers: Insurance is to be placed with insurers authorized to
conduct business in the state with a current A.M. Best's rating of no less than
A:VII, unless otherwise acceptable to the City.
7. Claims Made Policies: If any of the required policies provide coverage on a
claims -made basis:
1. The Retroactive Date must be shown and must be before the date of the
contract or the beginning of contract work.
2. Insurance must be maintained and evidence of insurance must be
provided for at least five (5) years after completion of the contract of
work.
3. If coverage is canceled or non -renewed, and not replaced with another
claims -made policy form with a Retroactive Date prior to the contract
effective date, the Contractor must purchase "extended reporting"
coverage for a minimum of five (5) years after completion of contract
work.
8. Verification of Coverage: Contractor shall furnish the City with original
Certificates of Insurance including all required amendatory endorsements (or
copies of the applicable policy language effecting coverage required by this
clause) and a copy of the Declarations and Endorsement Page of the CGL policy
listing all policy endorsements to City before work begins. However, failure to
obtain the required documents prior to the work beginning shall not waive the
Contractor's obligation to provide them. City reserves the right to require
complete, certified copies of all required insurance policies, including
endorsements required by these specifications, at any time.
14
9. Special Risks or Circumstances: City reserves the right to modify these
requirements, including limits, based on the nature of the risk, prior experience,
insurer, coverage, or other special circumstances.
I. Termination.
1. This Agreement may be terminated on thirty (30) days' written notice by either
party. In the event of such termination, SUBRECIPIENT shall only be entitled to reimbursement for
approved expenses incurred to the effective date of termination.
2. This Agreement may be suspended or terminated by CITY upon five (5) days'
written notice for violation by SUBRECIPIENT of Federal Laws governing the use of ARPA SURF
Funds. 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.
15
J. Limitation of Funds. The United States of America may in the future place
programmatic or fiscal limitations on the use of ARPA SURF 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 fiinding
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 Governingthis his 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
perfonned 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.
16
O. Federal Award Identification Information. SUBRECIPIENT's pertinent Federal
Award Identification Information, including DUNS Number and Federal Award Identification
Number (FAIN), as well as the applicable information for ARPA, are included in Exhibit C
attached hereto and incorporated herein by this reference.
P. Miscellaneous Provisions.
1. Each undersigned represents and warrants that its signature herein below has the
power, authority and right to bind their respective parties to each of the terms of this Agreement, and
shall indemnify CITY fully, including reasonable costs and attorney's fees, for any injuries or
damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is
withdrawn.
2. All Exhibits and Attachments referenced herein and attached hereto shall be
incorporated as if fully set forth in the body of this Agreement.
3. This Agreement must be signed below and may be signed in counterpart and
delivered by fax, email as a PDF (Portable Document Format) file attachment, or by other means that
displays the original or a copy of the signatures. Any subsequent amendments may be signed and
delivered in the same manner.
(Signatures on following page)
17
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year
first written above.
ATTEST:
DAISY GOMEZ
Clerk of the Council
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
41 BRANDON SALVATIERRA
Deputy City Attorney
RECOMMENDED FOR APPROVAL:
LISA RUDLOFF
Executive Director
Parks, Recreation and Community Services Agency
CITY OF SANTA ANA
KRISTINE RIDGE
City Manager
SUBRECIPIENT:
DEBB LO RAN
Vice i resid , Development
DUNS #: 127611940
CE:3
EXHIBIT A
SCOPE OF WORK
19
}
DiscoveryCube°
ORANGE COUNTY
Exhibit A
Discovery Cube Orange County Revised Scope of Work
Discovery Cube Orange County (DCOC) gratefully thanks the Revive Santa Ana Youth Program
for the generous one-year reimbursement grant of $90,028 for our program titled Fun with
Colors and Futuros Radiantes: Providing a STEM Education to Early Learners in Santa Ana.
We look forward to implementing our project during the 12-month period of July 1, 2022, to
June 30, 2023. The only change from the two-year to the one-year grant is that number of early
learners we will reach will be reduced by half. With the one-year RFP grant, we expect to
positively impact 510 to 660 early learners (0 to 5 years old) from 12 Santa Ana schools through
Fun with Colors and 30 to 60 teachers and parents through Futuros Radiantes. The content of the
program remains consistent with the Scope of Work presented in our original RFP application.
Included with the Scope of Work is the Revised Budget, which delineates the budget for a one-
year project.
DCOC's program includes two services that provide underserved early learners in Santa Ana
with their earliest STEM education to foster their lifelong interest in science and mathematics.
The two programs we will implement are Fun with Colors and Futuros Radiantes.
Fun with Colors is an ongoing early learner interactive science field trip program. This workshop
includes a 45-minute workshop with a Demonstrator who reads a 20-minute book, Mouse Paint,
by Ellen Stoll Walsh to the children. The book reading will be followed by a 25-minute
interactive activity, whereby children create a color wheel using balls of dough. Field Trip
scheduling staff will work directly with teachers to ensure the programming is scaffolding
classroom work and objectives that align with NGSS. DCOC education staff is agile and can
customize the field trip experience to meet the needs of each teacher at identified school sites.
Therefore, all field trip content will be age and learning appropriate to accommodate preschool
through 1 st-grade students. The aim of Fun with Colors is to teach color theory to young children
as a part of their earliest STEM education. A Demonstrator will explain that the concepts to be
learned are a part of the Preschool Learning Foundations. The Demonstrator will then state that
the demonstration will focus on the color wheel and mixing and introduces Mouse Paint. She
will ask questions about the cover to encourage students to make observations and form
predictions about the book. Questions include: What do you think this story is about? What can
you see on the cover? How many colors do you see? What colors are they?
Futuros Radiantes is DCOCs award -winning, successful, early learners program designed to
teach economically disadvantaged, minority parents to read books geared toward STEM to their
young children. The parents and teachers of young children for this workshop are typically
English as a Second Language (ESL) learners. Futuros Radiantes is a six -week workshop in
which participating parents and teachers receive one free science -based children's book per
week. They will also receive supplies to bring science and math activities into the home. During
the workshop, parents and teachers will learn to help their child become school -ready and
develop complex language and reading skills in English and Spanish. Parents and teachers who
complete the program receive free admission tickets for their families to visit Discovery Cube.
The deliverables for Fun with Colors are that young children will learn to identify primary and
secondary colors. They will learn that mixing two primary colors results in a secondary color.
20
DiscoveryCubeu
ORANGE COUNTY
Exhibit A
Our vision is that this workshop will spark underserved children's life-long interest in science,
applied learning, hypothesis -testing, and discovery. Fun with Colors meets the California
Preschool Learning Foundations, which outline knowledge and skills that most children can
achieve when provided with the kinds of interactions, instruction, and environments that promote
early learning and development. The Fun with Colors field trip will foster knowledge and active
participation. Students will learn about color theory during the book reading. Then they will
actively apply what they learned by creating a color wheel with balls of dough with the guidance
of the Demonstrator.
The deliverables for Futuros Radiantes are parents and teachers will discover the benefits of
reading STEM -based children's books to early learners. Participants will near that young
children's interest in science and STEM can be fostered and perpetuated through early reading.
As a result of Futuros Radiantes, parents and teachers will read more STEM books to early
learners. In turn, the early learners will be more interested in reading and STEM subjects. Both
Fun with Colors and Futuros Radiantes will spark early learners' first interest in STEM that we
hope will turn into a lifelong interest in science subjects.
Our programs will target STEM engagement among underserved early learners. Pre-K and
kindergarten classrooms will be recruited from the Santa Ana Unified and Santa Ana early
childhood development centers for the Fun with Colors field trip. To recruit our target population
into Fun with Colors, DCOC's Director of Groups Sales and Partner Relations, Lianne Leiss,
will reach out directly to Santa Ana schools to let them know about the availability of
scholarships and programming. She will also let them know how programming will be dispensed
from the Cube educational team to the school sites. Bus stipends will cover the expenses of
school bus rides to and from the Cube. To recruit our target population for Futuros Radiantes, we
will reach out directly to early childhood learning centers, and we will advertise on our website:
https://www.discoverycube.org/orange-county/
Children from Santa Ana schools are predominately underserved and of Latinx descent.
Underserved early learners are disproportionately denied a STEM education because of limited
resources and the lack of teacher training in science and math subjects. The target population of
Futuros Radiantes is underserved families throughout Santa Ana. Within the Santa Unified
School District, California's sixth -largest district, there are 56,000 students. More than 90% are
eligible for free or reduced -price lunch, 96% are Latinx, and 60% are English language learners
(ELL). Futuros Radiantes encourages parents to read more to their young children to nurture
early learners' interest in learning with books that keep them interested and motivated in STEM
subjects.
The innovation of our program is the delivery of STEM to early learners through Fun with
Colors and Futuros Radiantes. A two-year research study showed that young children are capable
of engaging in, at developmentally appropriate levels, the scientific practices that high school
students carry out (McClure et al., 2017). Schools in the Santa Ana Unified School District are
increasingly focused on providing STEM education to students (Santa Ana Unified School
District, 2022). However, minority students often transfer or drop out of STEM classes (The
Washington Post, 2022). In turn, individuals are minority descent are disproportionately
underrepresented in STEM careers (Pew Research, 2022).
21
y DiscoveryCube°
ORANGE COUNTY
Exhibit A
Fun with Colors gives early learners an enriched opportunity to visit the Cube to learn about
color science with fun, age -appropriate reading, and interactive activities. Uunderserved students
are typically denied the opportunity to attend school field trips. Furthermore, field trips are
needed now more than ever for minority children, given that minority groups were the most
adversely impacted by the COVID-19 pandemic. Schools are taking more virtual field trips as a
result of the pandemic. Yet virtual field trips cannot effectively replace the enriching kind of
real -world learning that in -person field trips offer. Young children need on -site, in -person field
trips that foster their interest in STEM learning.
Futuros Radiantes parents and teachers to read more books geared toward STEM to their young
children. Futuros Radiantes was recognized with a 2016 Superintendent's Award for Excellence
in Museum Education. In May 2013, Discovery Cube was awarded the National Medal of
Service by First Lady Michelle Obama, the highest honor conferred upon museums and libraries
for its community impact and excellence in promoting environmental awareness and
stewardship.
Collectively, Fun with Colors and Futuros Radiantes is an innovative and comprehensive
program geared toward providing underserved early learners with early STEM educational
opportunities to spark their lifelong interest in science, mathematics, critical thinking, and
discovery. Our vision is that one day, minority individuals will be well represented in STEM -
based careers due, in part, to our efforts to intervene with early learners in Santa Ana.
22
N�► Iil00108
FEE PAYMENT SCHEDULE
23
Exhibit B
FISCAL YEAR 2022-2023
PROPOSED PROGRAM BUDGET
Organization Name Discovery Cube Orange County (DCOC)
Program Name Fun with Colors and Futuros Radiantes: Providing a STEM Education to Early Learners in Santa A
Term: July 1, 2022 to June 30, 2023
EXPENDITURES
Enter budget categories and projected expenditures:
Category
Expenditures
Funded By
Santa Ana
REVIVE Funds
Expenditures
Funded By
Other Sources
Program
Budget
Total
Organization
Budget
Administrative Staff Salaries
6,232.50
6,232.50
6,232.50
Program Staff Salaries
40,662.70
40,662.70
40,662.70
Contractual Services
1,080.00
1,080.00
1,080.00
Other-
3,600.00
3,600.00
3,600.00
12,600.00
12,600.00
12,600.00
4,250.00
4,250.00
4,250.00
5,400.00
5,400.00
5,400.00
7,200.00
7,200.00
7,200.00
9,002.801
9,002.80
9,002.80
TOTAL
1 $90,028,001
$0.001
$90,028.00
$90,028.00
PROGRAM RESOURCES
LIST ALL OTHER PROGRAM RESOURCES FOR 2022-2023
Funding Source Total rY
Attachment 1(a)
iusi equal rrogram nuagei i otai iistea apove.
FUNDING SOURCE
AMOUNT
Santa Ana REVIVE
$ 90,028
TOTAL
$ 90,028
24
Exhibit B
INSTRUCTIONS FOR COMPLETING BUDGET
1 COMPLETE ATTACHEMENT 1(b) TAB - Date will filter into the Program Budget
2 ENTER INFORMATION INTO YELLOW CELLS
25
Exhibit B
2022-2023 REVIVE BUDGET LINE ITEMS
AnMINISTRATIVF STAFF
Position Title
Annual Salary& Benefits
REVIVE Funds
Description
Annual salary and benefits for schedulers who will
schedule Pre-K, kindergarten, and first grade
schools in Santa Ana for Fun with Colors field trips
Fun with Colors Schedulers
$472.50
$472.50
at the Cube
Annual salary and benefits for schedulers who will
schedule parents and teachers for Futuros
Futuros Radinates Schedulers
$660.00
$660.001
Radiantes 6-week workshop
Staffing costs for field trip educational operations
Staffing Costs
$5,100.001
$5,100.00
and services
DRnr;RAM STAFF
Position Title
Annual Salary & Benefits
REVIVE Funds
Description
Annual salary and benefits for Fun with Colors pre -
Science Educators Pre -FT
$2,473.00
$2,473.00
field trip science educators
Annual salary and benefits for Fun with Colors field
Science Educators FT
$11,340.00
$11,340.00
trip science educators
Annual salary and benefits for Fun with Colors post -
Science Educators -Post FT
$2,250.70
$2,250.70
field trip science educators
Annual salary and benefits for Futors Radiantes
Futuros Radiantes instructor
$7,099.00
$7,099.00
workshop Instructor
Educational pre and post Fun with Colors field trip
Staffing Costs for Video Editing/Creative Team, Pre-K-K
$8,750.00
$8,750.00
videos for Pre-K and K
Educational pre and post Fun with Colors field trip
Staffing Costs for Video Editing/Creative Team First Gr
$8,750.001
$8,750.00
1 videos for first grade
CONTRACTUAL/PROFESSIONAL SERVICES
Type of service I Contract Amount REVIVE Funds Description
Cost of assessments of effectiveness of Fun with
Field Trio Evaluation Activities 51.080.00 51.080.00 I Colors field trip
ATHFR I INF ITFMS
Line Item
Program Amount
REVIVE Funds
Description
Post Field Trip Supplies
$3,600.00
$3,600.00
Post Fun with Colors field trip supplies, Includes
books for class
Bus Stipends K and 1st Grade
$12,600.00
$12,600.00
Bus stipends to cover the costs of travel to and
from the Cube to attend the Fun with Colors field
trip
Fun with Colors Field Trip Supplies
$4,250.00
$4,250.00
Early learners Fun with Colors field trip supplies,
including books, dough, and color wheel
Futuros Radiantes Supplies
$5,400.00
$5,400.00
Supplies for Futuros Radiantes workshop
Futuros Radiantes Books
$7,200.00
$7,200.00
Early learner books for parents and teachers
Indirect Costs
$9,002.801
$9,002.801
Indirect costs 10%of grant
Attachment 1(b)
26
Exhibit B
TYPE IN THE YELLOW BOXES - Information will filter to Attachment 1(a)
27
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.
II. 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.
w
IV. FEDERAL AWARD IDENTIFICATION
-FAIN INFORMATION
A.
CONTRACTOR Name:
DISCOVERY SCIENCE CENTER OF ORANGE COUNTY
B.
CONTRACTOR'S Unique
127611940
Identifier (D-U-N-S):
Federal Award
C.
Identification Number
SLFRP 1059
(FAIN) :
D.
Federal Award Date:
5/19/2021
E.
Subaward Period of
7/1/2022-6/30/2023
Performance:
Total Amount of Federal
F.
Funds Obligated by the
$90,028
Action:
Total Amount of Federal
G.
Funds Obligated to the
$90,028
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:
kridgegsanta-ana.org
M.
CFDA Number:
21.027
CFDA Name:
Coronavirus State and Local Fiscal Recovery Funds
N.
Whether Award is R&D:
No
O.
Indirect Cost Rate for the
de minimus or federally negotiated rate
Federal Award:
29
EXHIBIT D
DEBARMENT
Certification Regarding
Debarment, Suspension, Ineligibility and Voluntary Exclusion
Lower Tier Covered Transactions
This certification is required by the regulations implementing Executive Order 12549, Debarment and
Suspension, 29 CFR Part 98, Section 98.510, Participants' responsibilities. The regulations were
published as Part VII of the May 26,1988 Federal 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.
Z&bt N e- L 0. V
Name and Title of Authori
Representative
Signature ( Date
3 � 2� I 2z
91
INSTRUCTIONS FOR CERTIFICATION
1. By signing and submitting this proposal, the prospective recipient of federal assistance funds
is providing the certification as set out below.
2. The certification in this clause is a material representation of fact upon which reliance was
placed when this transaction was entered into. If it is later determined that the prospective
recipient of federal assistance funds knowingly rendered an erroneous certification, in
addition to other remedies available to the Federal Government, the Department of Labor
(DOL) may pursue available remedies, including suspension and/or debarment.
3. The prospective recipient of federal assistance funds shall provide immediate 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.
7. 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.
31
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.
32
EXHIBIT E
LOBBYING
Certification Regarding Lobbying
Certification for Contracts, Grants, Loans, and Cooperative Agreements
The undersigned certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee of
any agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with the awarding of any Federal contract, the making of any
cooperative agreement, and the extension, continuation, renewal, amendment, or modification of
any Federal contact, grant, loan or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person
for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall
complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance
with its instructions.
(3) The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontract, subgrants, and contracts under
grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose
accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making
or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who
fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and
not more than $100,000 for each such failure.
C
Grantee/Contactor Organization to Program Title
Name of Certifying O;"ficer — Signature 0 Date
33
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.
9M
EXHIBIT F
DRUG -FREE WORKPLACE
Certification Regarding Drug -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;
35
(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).
B. The contractor shall insert in the space provided on the attached "Place of Performance"
form the site(s) for the performance of work to be carried out with the grant funds
(including street address, city, county, state, and zip code) .the contractor further certifies
that, if it is subsequently determined that additional sites will be used for the performance
of work under the contract, it shall notify the U.S. Department of Housing and Urban
Development immediately upon the decision to use such additional sites by submitting a
revised "Place of Performance" form.
Organization
AAutor zed Si a re
of
Date
36
PLACE OF PERFORMANCE
FOR CERTIFICATION REGARDING DRUG -FREE
WORKPLACE REQUIREMENTS
Lo
Date:
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):
A-ack , �- �1 Z7 0 S
37
AGREEMENT BETWEEN THE CITY OF SANTA ANA AND
KIDWORKS COMMUNITY DEVELOPMENT CORPORATION FOR USE OF
AMERICAN RESCUE PLAN ACT (ARPA) FUNDS
This Agreement is hereby made and entered into this 3rd day of May. 2022, by and
between the City of Santa Ana, a charter city and municipal corporation organized and existing
under the Constitution and laws of the State of California ("CITY"), and Kidworks Community
Development Corporation, a California domestic nonprofit corporation
("SUBRECIPIENT" or "CONTRACTOR").
RECITALS:
A. The American Rescue Plan Act ("ARPA") was signed into law in March 2021. ARPA
provides funding for a number of different programs, including the Coronavirus State and
Local Fiscal Recovery Fund ("SLFRF"), to provide monetary support to local governments
to respond to, mitigate, and recover from the COVID-19 public health emergency.
B. On July 20, 2021, the Santa Ana City Council authorized the City Manager to utilize ARPA
SLFRF, funding from the United States Department of Treasury for the Revive Santa Ana
Spending Plan, which includes five spending categories: recovery from the pandemic, direct
assistance programs, public health and safety, critical infrastructure, and city fiscal health.
C. SUBRECIPIENT has been selected by the CITY to receive ARPA SLFRF Funds in order to
provide youth programs, including: early childhood support; head start; day care; after school
tutoring; athletic; and, youth violence prevention, in accordance with the Scope of Work
attached hereto as Exhibit A and incorporated herein by reference ("said program").
SUBRECIPIENT represents that it is qualified and willing to operate said program and
certifies that the administration of said program carried out with funds provided under this
Agreement will meet ARPA's objectives to respond to, mitigate, and recover from this
historic COVID-19 public health crisis.
D. SUBRECIPIENT agrees that it will adhere to the tasks and services as indicated in Exhibit A
for said program. Failure to follow the requirements and meet the stated expectations may
constitute breach of contract that could result in termination of this Agreement or serve as
reason for the CITY to recapture the grant funds awarded to SUBRECIPIENT pursuant to
this Agreement.
WHEREFORE, it is agreed by and between the parties that the foregoing Recitals are a
substantive part of this Agreement and the following terms and conditions are approved and together
with all exhibits and attachments hereto, shall constitute the entire Agreement between the CITY and
SUBRECIPIENT:
I. ARPA PROGRAM PROVISIONS
A. Scope of Work. SUBRECIPIENT shall be responsible for the specific tasks and
services of said program, and agrees to administer said program in compliance with the tasks and
services as described in the Scope of Work attached hereto as Exhibit A. SUBRECIPIENT's failure
to perform as required may, in addition to other remedies set forth in this Agreement, result in
readjustment of the amount of funds for said program or termination of this Agreement.
B. Term of Agreement. The term of said Agreement shall commence on July I st, 2022,
and continue through June 30, 2023 ("Term"), unless terminated earlier pursuant to the terms of
this Agreement. This Agreement shall also cover any and all services provided by the
SUBRECIPIENT to the CITY since the date the ARPA SURF Funds were awarded to the CITY.
Additionally, the Term of this Agreement may be extended by a writing executed by the City
Manager, or designee, and the City Attorney.
C. Amount of Grant Funding. The total amount of funds provided for said program
shall not exceed One Hundred Twenty -Five Thousand Dollars and Zero Cents dollars ($125 000
("ARPA SURF Funds") during the Term of the Agreement. SUBRECIPIENT agrees to use said
ARPA SURF Funds to administer said program as outlined in Exhibit A.
D. Disbursement of Funds. Said ARPA SURF Funds shall be disbursed by CITY to
SUBRECIPIENT pursuant to the terms found in the Fee Payment Schedule attached hereto as
Exhibit B, with payments subject to the submittal of invoices and other reporting requirements,
as hereinafter more fully set forth. SUBRECIPIENT shall be obligated to perform such duties as
would normally extend beyond the term, including, but not limited to, obligations with respect to
indemnification, audits, reporting, data retention/reporting, and accounting. Failure to provide any
of the required documentation and reporting will cause CITY to withhold all or a portion of a
request for ARPA SURF Funds, or return the entire request to SUBRECIPIENT, until such
documentation and reporting has been received and approved by CITY.
(1) Reduction in ARPA SURF Funding. The CITY reserves the right to reduce
the amount of ARPA SURF Funds to SUBRECIPIENT, or to completely terminate this
Agreement, in the CITY's sole discretion, if there is a reduction in ARPA SURF Funds provided
to the CITY.
(2) Reduced Distribution of Funds. The CITY reserves the right to reduce the
grant application if the CITY's fiscal monitoring indicates that SUBRECIPIENT's rate of
expenditure will result in unspent funds at the end of the program term. Amendments in the grant
allocation will be made after consultation with SUBRECIPIENT.
(3) Reversion of Assets. SUBRECIPIENT agrees that any and all funds received
under this Agreement shall be utilized during the Term of this Agreement, and that any and all funds
remaining as of the end of the Tenn, 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.
2
E. Grant Program Requirements.
(1) SUBRECIPIENT acknowledges that the source of funding for said program is the
federal ARPA, and that payments from the ARPA SURF Funds are only to be used to make
necessary expenditures incurred due to the public health emergency with respect to COVID-19.
(2) SUBRECIPIENT acknowledges that ARPA provisions allow the use of ARPA
SURF Funds to respond to, mitigate, and recover from the COVID-19 public health emergency, and
will not use these funds for any other uses.
(3) SUBRECIPIENT shall follow the process and determination of eligibility for
participants in said program as outlined in Exhibit A.
F. Performance Monitorin-.
(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 SUBRECMENT'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.
3
G. Audit.
(1) SUBRECIPIENT shall maintain complete and accurate records and supporting
documentation to facilitate financial and/or program audits by CITY. This requirement shall apply
to any records and documentation CITY shall reasonably require or as required to be maintained
pursuant to the ARPA regulations.
(2) The books and accounts, files, and other records of SUBRECIPIENT, which are
applicable to this Agreement, shall be available for inspection, review, and audit during normal
business hours by CITY to determine the proper application and use of all ARPA SLFRF Funds
provided to or for the account or benefit of SUBRECIPIENT.
(3) SUBRECIPIENT assumes responsibility for reimbursement to CITY a sum of
money equivalent to the amount of any expenditures disallowed should the CITY, or an authorized
agency, rule through audit, exception, or some other appropriate means, that expenditures from funds
allocated to SUBRECIPIENT for direct and/or administrative costs were not made in compliance
with the applicable cost principles, regulations, or the provisions of this Agreement.
(4) SUBRECIPIENT agrees to comply with the requirements of OMB Uniform
Guidance 2 CFR Part 200. SUBRECIPIENT further agrees to provide CITY with a copy of
completed independent auditors' report within thirty (30) days of CITY's request for such report. If
the report contains instances of non-compliance with federal laws and regulations that bear directly
on the performance or administration of this Agreement, SUBRECIPIENT shall provide CITY copies
of responses to auditors' reports, a plan for corrective action, and auditors' response that the
noncompliance has been resolved. All reports prepared in accord with the requirements of OMB
Uniform Guidance 2 CFR Part 200 shall be available for inspection by representatives of CITY or the
federal government during normal business hours.
(5) All accounting records, reports, and evidence pertaining to all costs, expenses
and the ARPA SLFRF Funds of SUBRECIPIENT and all documents related to this Agreement
shall be maintained and kept available at SUBRECIPIENT' S office or place of business for the
duration of the Agreement and thereafter for five (5) years from the date of final payment under
this Agreement. Records which relate to: (a) complaints, claims, administrative proceedings or
litigation arising out of the performance of this Agreement; or, (b) costs and expenses of this
Agreement to which CITY or any other governmental agency takes exception, shall be retained
beyond the five (5) years until complete resolution or disposition of such appeals, litigation claims,
or exceptions. In the event SUBRECIPIENT does not make the above -referenced documents
available within the City of Santa Ana, California, SUBRECIPIENT agrees to pay all necessary and
reasonable expenses incurred by CITY in conducting any audit at the location where said records and
books of account are maintained.
H. 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
4
CITY deems to be appropriate, including, but not limit to, duplication and/or distribution within
the CITY or to third parties. SUBRECIPIENT agrees not to release or circulate in whole or part
such materials, reports, or products without prior written authorization of the CITY.
I. Close -Out. SUBRECIPIENT agrees to comply with the closeout procedures
detailed in 2 CFR §200.343, including the following:
(1) SUBRECIPIENT must submit, no later than ninety (90) calendar days after the
end date of the period of performance, all financial, performance, and other reports as required by
the terms and conditions of this Agreement;
(2) SUBRECIPIENT must promptly refund any balances of unobligated cash that
the CITY paid in advance or paid and that is not authorized to be retained by SUBRECIPIENT for
use in other projects (See OMB Circular A-129 and 2 CFR §200.345); and,
(3) CITY should complete all closeout actions for the Federal award no later than
one year after receipt and acceptance of all required final reports.
H. SUBRECIPIENT'S OBLIGATIONS
A. Representations and Warranties.
(1) Authority. SUBRECIPIENT is a duly organized and existing domestic
nonprofit corporation in good standing and authorized to do business under the laws of the State
of California. SUBRECIPIENT has full right, power and lawful authority to accept the funding
hereunder and to undertake all obligations as provided herein and the execution, performance and
delivery of this Agreement by SUBRECIPIENT has been fully authorized by all requisite actions
on the part of SUBRECIPIENT.
(2) Experience. SUBRECIPIENT is qualified to provide the administrator services
for said program detailed herein.
(3) Familiarity With Services Required. By executing this Agreement,
SUBRECIPIENT warrants that: (i) it has thoroughly investigated and considered the administrator
services to be performed and provided for said program as detailed in Exhibit A; (ii) it has
carefully considered how the services should be performed; and, (iii) it fully understands the
facilities, difficulties and restrictions attending performance of the services under this Agreement.
(4) No Conflict. To the best of SUBRECIPIENT' S knowledge,
SUBRECIPIENT' S execution, delivery and performance of its obligations under this Agreement
will not constitute a default or a breach under any contract, agreement or order to which
SUBRECIPIENT is a party or by which it is bound.
(5) No Bankruptcy. SUBRECIPIENT is not the subject of any current or
threatened bankruptcy proceeding.
5
(6) No Pending Legal Proceedings. SUBRECIPIENT is not the subject of a
current or threatened litigation that would or may materially affect SUBRECIPIENT' S
performance under this Agreement.
(7) Proposal Veracity. All provisions of and information provided in
SUBRECIPIENT's proposal submitted to CITY, including any exhibits, are true and correct in all
material respects.
(8) No Pending Investigation. SUBRECIPIENT has no knowledge that it is the
subject of any current or threatened criminal or civil action investigation by any public agency,
including without limitation a police agency or prosecuting authority, which would relate to or
affect performance of the Agreement or provision of services hereunder.
B. Licensing. SUBRECIPIENT agrees to obtain and maintain all required licenses,
registrations, accreditation and inspections from all agencies governing its operations.
SUBRECIPIENT shall ensure that its staff shall also obtain and maintain all required licenses,
registrations, accreditation and inspections from all agencies governing SUBRECIPIENT's
operations hereunder. Such licensing requirements include obtaining a City business license, as
applicable.
C. Zoning. SUBRECIPIENT agrees that any facility/property used in furtherance of said
program shall be specifically zoned and permitted for such use(s) and activities. Should
SUBRECIPIENT fail to have the required land entitlement and/or permits, thus violating any local,
state or federal rules and regulations relating thereto, SUBRECIPIENT shall immediately make good -
faith efforts to gain compliance with local, state or federal rules and regulations following written
notification of said violation(s) from the CITY or other authorized citing agency. SUBRECIPIENT
shall notify CITY immediately of any pending violations. Failure to notify CITY of pending
violations, or to remedy such known violation(s) shall result in termination of grant funding
hereunder. SUBRECIPIENT must make all corrections required to bring the facility/property into
compliance with the law within sixty (60) days of notification of the violation(s); failure to gain
compliance within such time shall result in termination of grant funding hereunder.
D. Separation of Accounts. All funds received by SUBRECIPIENT from CITY pursuant
to this Agreement shall be maintained in an account in a federally insured banking or savings and
loan institution with record keeping of such accounts maintained pursuant to applicable 2 CFR
200.302 requirements. SUBRECIPIENT is not required to maintain separate depository accounts for
ARPA SLFRF Funds; provided however, the SUBRECIPIENT must be able to account for receipt,
obligation, distribution and expenditure of ARPA SLFRF Funds pursuant to applicable 2 CFR
200.302 requirements.
E. Audit Report Requirements. SUBRECIPIENT agrees that if SUBRECIPIENT
expends Seven Hundred Fifty Thousand Dollars ($750,000) or more in federal funds,
SUBRECIPIENT shall have an annual audit conducted by a certified public accountant in accordance
with the standards as set forth and published by the United States Office of Management and Budget.
SUBRECIPIENT shall provide CITY with a copy of said audit by April 1 of the year following the
program year in which this Agreement is executed.
0
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. Confidential. 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.
L Independent Contractor. SUBRECIPIENT agrees that the performance of obligations
hereunder is rendered in its capacity as an independent contractor and that it is in no way an agent of
CITY.
J. Violation of Terms and Conditions. SUBRECIPIENT agrees that if SUBRECIPIENT
violates any of the terms and conditions of this Agreement or any prior Agreement whereby ARPA
SURF Funds were received by SUBRECIPIENT, or if SUBRECIPIENT reports inaccurately, or if
on audit there is a disallowance of certain expenditures, SUBRECIPIENT agrees to remedy the acts
or omissions causing the disallowance and repay CITY all amounts spent in violation thereof. If
SUBRECIPIENT engaged in fraudulent activity to obtain and/or justify distribution or expenditure
of the ARPA SURF Funds granted hereunder, SUBRECIPIENT shall be required to reimburse the
CITY of all such funds that were obtained, distributed and/or spent under fraudulent circumstances.
K. Fraud. SUBRECIPIENT shall immediately report all suspected or known instances
and facts concerning possible fraud, abuse or criminal activity related to said program for the ARPA
SURF Funds under this Agreement.
7
L. Prohibited Use. SUBRECIPIENT hereby certifies and agrees that it will not use
ARPA SLFRF Funds provided through this Agreement to pay for entertainment, meals or gifts, or
other prohibited uses.
M. Lobbying. SUBRECIPIENT certifies that it will comply with federal law (31 U.S.C.
1352) and regulations found at 24 CFR Part 87, which provide that no appropriated funds may be
expended by the recipient of a federal contract, grant, loan or cooperative agreement to pay any person
for influencing or attempting to influence an officer or employee of any agency, Member of Congress,
or an officer or employee of a Member of Congress in connection with awarding of any federal
contract, the making of any federal grant or loan, entering into any cooperative agreement and the
extension, renewal, amendment or modification of any federal contract, grant, loan or cooperative
agreement. SUBRECIPIENT shall sign a certification to that effect in a form as set forth in Exhibit
E, attached hereto and by this reference incorporated herein. SUBRECIPIENT shall submit said
signed certification to CITY prior to performing any of its obligations under this Agreement and prior
to any obligation arising on the part of CITY to pay any sums to SUBRECIPIENT under the terms
and conditions of this Agreement.
If any funds other than Federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any agency, a Member
of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall
complete and submit a "Disclosure Form to Report Lobbying," in accordance with its instructions
(Exhibit E).
N. Financial Interest. SUBRECIPIENT agrees that except for the use of administrative
fees to pay salaries and other related administrative or personnel costs, no persons who exercise or
have exercised any function with respect to administering said program under the 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.
8
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 Minori -Owned Businesses W/MBE . SUBRECIPIENT will use its
best efforts to afford small businesses, minority business enterprises, and women's business
enterprises the maximum practicable opportunity to participate in the performance of this
Agreement in accordance with the requirements of 2 CFR 200.321 "Contracting with small and
minority businesses, women's business enterprises, and labor surplus area firms". As used in this
Agreement, the term "small business" means a business that meets the criteria set forth in section
3(a) of the Small Business Act, as amended (15 U.S.C. 632), and "minority and women's business
enterprise" means a business at least fifty-one percent (51%) owned and controlled by minority
group members or women. For the purpose of this definition, "minority group members" are
African -Americans, Spanish-speaking, Spanish surnamed or Spanish -heritage Americans, Asian -
Americans, and American Indians. SUBRECIPIENT may rely on written representations by
businesses regarding their status as minority and female business enterprises in lieu of an
independent investigation.
R. Drug Free Workplace. SUBRECIPIENT agrees to provide a drug -free workplace and
to execute a certification as set forth in Exhibit F attached hereto and incorporated herein by this
reference.
S. Uniform Administrative Re uirements Cost Principles, and Audit Requirements
for Federal Awards. The following requirements and standards must be complied with: 2 CFR
Part 200 et al. SUBRECIPIENT shall procure all materials, property, or services in accordance
with the requirements of 2 CFR 200.318-326.
III. CITY'S OBLIGATIONS
A. Audit of Account. CITY shall include an audit of the account maintained by
SUBRECIPIENT in CITY's audit of all ARPA SLFRF Funds in accordance with Title 24 of the
Code of Federal Regulations and other applicable federal laws and regulations.
B. Common Rule: Pursuant to 2 CFR 200.328(a), the CITY manages the day-to-day
operations of each grant and subgrant supported activities. CITY staff has detailed knowledge of the
grant program requirements and monitors grant and subgrant supported activities to assure
compliance with federal requirements. Such monitoring covers each program, function and activity
and performance goals are reviewed periodically.
C. Project Expectations: CITY shall monitor the performance of SUBRECIPIENT
against goals and performance standards required herein. The SUBRECIPIENT shall be
responsible to accomplish the project expectations as set forth in Exhibit A, and report such results
to the CITY. If the SUBRECIPIENT estimates such goals will not be met, the SUBRECIPIENT
is to contact the CITY, at which time the CITY will determine if any adjustments to the grant
award is appropriate. Substandard performance as determined by the CITY will constitute non-
compliance with this Agreement. Should the CITY determine that the SUBRECIPIENT has not
W7
performed its obligations as stated in this contract in a satisfactory manner, or if the CITY
determines that insufficient supporting information has been submitted, the CITY shall notify the
SUBRECIPIENT in writing of its determination specifying in full detail the objections that it has
to the SUBRECIPIENT's performance. If action to correct such substandard performance is not
taken by the SUBRECIPIENT after being notified by the CITY, within a reasonable period of time
as stipulated in the written notification, contract suspension or termination procedures will be
initiated.
IV. GENERAL PROVISIONS
A. Non -Discrimination.
1. SUBRECIPIENT agrees to comply with Executive Order 11246, which requires
that during the performance of this Agreement, SUBRECIPIENT agrees not to discriminate against
any employee or applicant for employment because of race, religion, sex, color or national origin.
Such action shall include, but not be limited to the following: employment, upgrading, demotion, or
transfer, rates of pay or other forms of compensation, and selection for training, including
apprenticeship. SUBRECIPIENT agrees to post in conspicuous places, available to employees and
applicants for employment, notices to be provided by the SUBRECIPIENT setting forth the
provisions of this nondiscrimination clause.
2. SUBRECIPIENT agrees to comply with Title VI of the Civil Rights Act of 1964,
which indicates that no person shall, on the ground of race, color or national origin, be excluded from
participation in, be denied the benefits of, or be subject to discrimination under any program of activity
receiving federal financial assistance.
3. No person shall, on the grounds of race, sex, creed, color, religion, marital status,
national origin, age, sexual orientation, or physical or mental handicap be excluded from participation
in, be refused the benefits of, or otherwise be subject to discrimination in any activities, programs or
employment supported by this Agreement. SUBRECIPIENT is prohibited from discrimination on
the basis of age or with respect to an otherwise qualified handicapped person as provided for under
Section 109 of the Housing and Community Development Act of 1974, as amended.
4. SUBRECIPIENT agrees to comply with the Age Discrimination Act of 1975,
which requires that during the performance of this Agreement, SUBRECIPIENT agrees not to
discriminate against any employee or applicant for employment because of age. Such action shall
include, but not be limited to the following: employment upgrading, demotion, or transfer, rates of
pay or other forms of compensation, and selection for training, including apprenticeship.
SUBRECIPIENT agrees to post in conspicuous places, available to employees and applicants for
employment, notices to be provided by the SUBRECIPIENT setting forth the provisions of this age
discrimination clause.
5. SUBRECIPIENT agrees to comply with Section 504 of the Rehabilitation Act of
1973, which requires that no otherwise qualified individual with a disability in the United States, shall,
solely by reason of his or her disability, be excluded from the participation in, be denied the benefits
of, or be subjected to discrimination under any program or activity receiving federal financial
10
assistance or under any program or activity conducted by any executive agency or by the United
States Postal Service.
B. Conflict of Interest. Pursuant to the conflict of interest requirements set forth in 24
CFR 570.611 and 2 CFR 200.112, SUBRECIPIENT certifies that no member, officer, employee,
agent or assignee of CITY having direct or indirect control of any ARPA SLFRF Funds granted to
the CITY, inclusive of the subject ARPA SLFRF Funds, shall serve as an officer of SUBRECIPIENT.
Further, any conflict or potential conflict of interest of any officer of SUBRECIPIENT shall be fully
disclosed in writing prior to the execution of this Agreement and said writing shall be attached and
deemed fully incorporated as a part hereof. Notice shall be sent by SUBRECIPIENT to CITY
regarding any changes or modifications to its board of directors and list of officers.
C. Special Certification for Religious Entities. If SUBRECIPIENT is a religious entity,
SUBRECIPIENT hereby agrees that in connection with the provision of the services
SUBRECIPIENT shall provide with ARPA SLFRF Funds, in accordance with 24 CFR 570.2000):
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. SUBRECIP ENT shall not discriminate against any person applying for the
services SUBRECIPIENT agrees to provide under the terms of this Agreement on the basis of religion
and shall not limit such services or give preference to applicants for such services on the basis of
religion.
3. SUBRECIPIENT shall NOT provide religious instruction or counseling, conduct
any religious worship or services, or engage in any religious proselytizing, or exert any religious
influence in the provision of the services in said program. The parties agree that this covenant is
intended to and shall be construed for the limited purpose of assuring compliance with respect to the
use of CITY funds by SUBRECIPIENT with applicable constitutional limitations respecting the
establishment of religion as set forth in the establishment clause under the First Amendment of the
United States Constitution and Article I, Section 4 of the California Constitution, and is not in any
manner intended to restrict other activities of SUBRECIPIENT.
4. The portion of a facility used to provide public services assisted in whole or in part
under this Agreement shall contain no sectarian or religious symbols.
5. Where the services to be provided under said program are rendered on property
owned by the primarily religious entity SUBRECIPIENT, ARPA SLFRF Funds may also be used for
minor repairs to such property, which are directly related to the cost of rendering the services under
said program, where the cost constitutes in dollar terms only an incidental portion of the ARPA
expenditure for rendering the services under said program.
D. Prohibition of Nepotism. SUBRECIPIENT agrees not to hire or permit the hiring of
any person to fill a position funded through this Agreement if a member of that person's immediate
family is employed in an administrative capacity by SUBRECIPIENT. For the purposes of this
11
section, the term "immediate family" means spouse, child, mother, father, brother, sister, brother-in-
law, sister-in-law, father-in-law, mother-in-law, son-in-law, daughter-in-law, aunt, uncle, niece,
nephew, stepparent and stepchild. The term "administrative capacity" means having selection, hiring,
supervisor or management responsibilities.
E. Notices. Notices to the parties shall, unless otherwise requested in writing, be sent by
U.S. Mail, postage prepaid, and addressed as follows:
TO CITY: City of Santa Ana
Lisa Rudloff
Executive Director
Parks, Recreation and Community Services Agency
20 Civic Center Plaza
P.O. Box 1988
Santa Ana, California 92702-1988
TO SUBRECIPIENT:
Kidworks Community Development Corporation
David Benavides
Chief Executive Officer
1902 W Chestnut Ave
Santa Ana, CA 92703-4304
F. Assi ang bility_. 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 and the results of that work by the Contractor, its agents,
representatives, employees, or subcontractors.
12
a. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad
as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00
01 covering CGL on an "occurrence" basis, including products and completed
operations, property damage, bodily injury and personal & advertising injury
with limits no less than $2,000,000 per occurrence. If a general aggregate limit
applies, either the general aggregate limit shall apply separately to this
project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be
twice the required occurrence limit.
2. Automobile Liability: Insurance Services Office Form Number CA 0001
covering, Code 1 (any auto), or if Contractor has no owned autos, Code 8 (hired)
and 9 (non -owned), with limit no less than $1,000,000 (if program services
includes transportation of youth, the limit shall be no less than $5,000,000) per
accident for bodily injury and property damage. (Not required if an automobile
is not required to fulfill services.)
3. Workers' Compensation: insurance as required by the State of California, with
Statutory Limits, and Employer's Liability Insurance with limit of no less than
$1,000,000 per accident for bodily injury or disease.
4. Sexual Abuse or Molestation (SAM) Liability: If the CGL policy referenced
above is not endorsed to include affirmative coverage for sexual abuse or
molestation, Contractor shall obtain and maintain a policy covering Sexual
Abuse and Molestation with a limit no less than $1,000,000 per occurrence or
claim.
5. If the Contractor maintains broader coverage and/or higher limits than the
minimums shown above, the City requires and shall be entitled to the broader
coverage and/or the higher limits maintained by the Contractor. Any available
insurance proceeds in excess of the specified minimum limits of insurance and
coverage shall be available to the City.
b. Other Insurance Provisions — The insurance policies are to contain, or be endorsed to
contain, the following provisions: .
1. Additional Insured Status: The City, its officers, officials, employees, and
volunteers are to be covered as additional insureds on the CGL policy with
respect to liability arising out of work or operations performed by or on behalf
of the Contractor including materials, parts, or equipment furnished in
connection with such work or operations. General liability coverage can be
provided in the form of an endorsement to the Contractor's insurance (at least
as broad as ISO Form CG 20 10 11 85 or if not available, through the addition
of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if a
later edition is used).
2. Primary Coverage: For any claims related to this contract, the Contractor's
insurance coverage shall be primary coverage at least as broad as ISO CG 20
01 04 13 as respects the City, its officers, officials, employees, and volunteers.
13
Any insurance or self-insurance maintained by the City, its officers, officials,
employees, or volunteers shall be excess of the Contractor's insurance and shall
not contribute with it.
3. Notice of Cancellation: Each insurance policy required above shall state that
coverage shall not be canceled, except with notice to the City.
4. Waiver of Subrogation: Contractor hereby grants to City a waiver of any right
to subrogation which any insurer of said Contractor may acquire against the
City by virtue of the payment of any loss under such insurance. Contractor
agrees to obtain any endorsement that may be necessary to affect this waiver of
subrogation, but this provision applies regardless of whether or not the City has
received a waiver of subrogation endorsement from the insurer.
5. Self -Insured Retentions: Self -insured retentions must be declared to and
approved by the City. The City may require the Contractor to purchase coverage
with a lower retention or provide proof of ability to pay losses and related
investigations, claim administration, and defense expenses within the retention.
The policy language shall provide, or be endorsed to provide, that the self -
insured retention may be satisfied by either the named insured or City.
6. Acceptability of Insurers: Insurance is to be placed with insurers authorized to
conduct business in the state with a current A.M. Best's rating of no less than
A:VII, unless otherwise acceptable to the City.
7. Claims Made Policies: If any of the required policies provide coverage on a
claims -made basis:
1. The Retroactive Date must be shown and must be before the date of the
contract or the beginning of contract work.
2. Insurance must be maintained and evidence of insurance must be
provided for at least five (5) years after completion of the contract of
work.
3. If coverage is canceled or non -renewed, and not replaced with another
claims -made policy form with a Retroactive Date prior to the contract
effective date, the Contractor must purchase "extended reporting"
coverage for a minimum of five (5) years after completion of contract
work.
8. Verification of Coverage: Contractor shall furnish the City with original
Certificates of Insurance including all required amendatory endorsements (or
copies of the applicable policy language effecting coverage required by this
clause) and a copy of the Declarations and Endorsement Page of the CGL policy
listing all policy endorsements to City before work begins. However, failure to
obtain the required documents prior to the work beginning shall not waive the
Contractor's obligation to provide them. City reserves the right to require
complete, certified copies of all required insurance policies, including
endorsements required by these specifications, at any time.
14
9. Special Risks or Circumstances: City reserves the right to modify these
requirements, including limits, based on the nature of the risk, prior experience,
insurer, coverage, or other special circumstances.
I. Termination.
1. This Agreement may be terminated on thirty (30) days' written notice by either
party. In the event of such termination, SUBRECIPIENT shall only be entitled to reimbursement for
approved expenses incurred to the effective date of termination.
2. This Agreement may be suspended or terminated by CITY upon five (5) days'
written notice for violation by SUBRECIPIENT of Federal Laws governing the use of ARPA SURF
Funds. 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.
15
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. hi the event of funding reduction, CITY may,
in its sole and absolute discretion, reduce the budget of this Agreement, may limit the rate of
SUBRECIPIENT's authority to utilize funds, or may restrict SUBRECIPIENT's use of uncommitted
funds. Where CITY has been directed to implement a reduction in funding, with respect to funding
for this Agreement, CITY's City Manager or delegate is authorized to act for CITY in implementing
and effecting such a reduction and in revising, modifying, or amending the Agreement for such
purposes. If such a reduction in funding occurs, SUBRECIPIENT shall be permitted to de -scope
accordingly. Where CITY has reasonable grounds to question SUBRECIPIENT's fiscal
accountability or compliance with this Agreement, CITY may suspend the operation of this
Agreement for up to sixty (60) days upon five (5) days written notice to SUBRECIPIENT of its
intention to so act, pending an audit or other resolution of such questions. In no event, however, shall
any revisions made by CITY affect expenditures and legally binding commitments made by
SUBRECIPIENT before it received notice of such revision, provided that such amounts have been
committed in good faith and are otherwise allowable and that such commitments are consistent with
ARPA SLFRF Funds withdrawal guidelines.
K. Exclusivity and Amendment of Agreement. This Agreement supersedes any and all
other agreements, either oral or in writing, between the parties hereto with respect to the use of CITY's
ARPA SLFRF Funds by SUBRECIPIENT and contains all the covenants and agreements between
the parties with respect to SUBRECIPIIENT's administration of said program. Each party to this
Agreement acknowledges that no representations, inducements, promises or agreements, orally or
otherwise, have been made by any party, or anyone acting on behalf of any 'party, which are not
embodied herein, and that no other agreement or amendment hereto shall be effective unless executed
in writing and signed by both CITY and SUBRECIPIENT.
L. Laws Governing this Agreement. This Agreement shall be governed by and construed
in accordance with the laws of the State of California, and all applicable federal laws and regulations.
M. Validity and Severability. The invalidity in whole or in part of any provision of this
Agreement shall not void or affect the validity of any other provision of this Agreement. Whenever
possible, each provision of this AGREEMENT shall be interpreted in such manner as to be
effective and valid under applicable law, but if any provision of this AGREEMENT is held to be
prohibited by or invalid under applicable law, such provision shall be ineffective only to the extent
of such prohibition or invalidity, without invalidating the remainder of such provisions of this
AGREEMENT.
N. Waiver. No delay or omission by either 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.
L
O. Federal Award Identification Information. SUBRECIPIENT's pertinent Federal
Award Identification Information, including DUNS Number and Federal Award Identification
Number (FAIN), as well as the applicable information for ARPA, are included in Exhibit C
attached hereto and incorporated herein by this reference.
P. Miscellaneous Provisions.
1. Each undersigned represents and warrants that its signature herein below has the
power, authority and right to bind their respective parties to each of the terms of this Agreement, and
shall indemnify CITY fully, including reasonable costs and attorney's fees, for any injuries or
damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is
withdrawn.
2. All Exhibits and Attachments referenced herein and attached hereto shall be
incorporated as if fully set forth in the body of this Agreement.
3. This Agreement must be signed below and may be signed in counterpart and
delivered by fax, email as a PDF (Portable Document Format) file attachment, or by other means that
displays the original or a copy of the signatures. Any subsequent amendments may be signed and
delivered in the same manner.
{Signatures on following page}
17
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year
first written above.
ATTEST:
DAISY GOMEZ
Clerk of the Council
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
y: BRANDON SALVATIERRA
Deputy City Attorney
RECOMMENDED FOR APPROVAL:
LISA RUDLOFF
Executive Director
Parks, Recreation and Community Services Agency
18
CITY OF SANTA ANA
KRISTINE RIDGE
City Manager
SUBRECIPIENT:
DAVID BE AVIDES
Chief Executive Officer
DUNS #: 144306904
EXIMIT A
SCOPE OF WORK
19
SCOPE OF WORK Exhibit A
1. Program Details, Tasks, Duration, and Deliverables
Funds from the Revive: Santa Ana Youth Programs grant opportunity will develop a hands-on outdoor classroom for KidWorks' preschool program.
KidWorks' preschool serves low-income families in central Santa Ana with 40-48 spots for children each school year. The final number of children
served depends on state licensing regulations for current COVID precautions.
KidWorks' preschool students receive daily instruction during the week and learn through the exploration of the preschool's enriched environment.
This includes creating art, singing, dancing, listening to stories, doing science experiments, and various scaffolding activities that challenge students
according to their needs. They learn numbers, letters, alphabet sounds, colors, and shapes. Because KidWorks predominately serves Spanish-speaking
families, KidWorks' preschool program begins the school year with the teachers primarily speaking in Spanish. Teachers gradually introduce English
language instruction throughout the course so that by the end of school year most of the day is spent using only English.
The requested grant funding will transform KidWorks' 15-year-old old preschool playground into an open-ended outdoor nature -based space filled
with large and small natural building materials to spark creativity. The outdoor classroom will have an organic garden, an art and reading area,
bridges, swings, and a "mud kitchen." This natural environment will be a place for children to experience the joy of being outdoors while gaining a
positive self-image and increasing skills through exploration, engineering, and working together.
The preschool's primary goal is a successful transition from preschool to kindergarten for every child and family. Children begin this transition on the
first day of preschool, and once they enter kindergarten, they continue to receive support from KidWorks through elementary, junior high, high school
and into their college experience. KidWorks believes that every child should be able to access high quality early education which increases academic
success and graduation rates, and reduces achievement gaps.
During the COVID-19 Pandemic, California designated early child-care and education as essential services. Therefore, KidWorks was able to partially
re -open its Preschool on September 3, 2020. The preschool began under a hybrid model with a combination of small in -class teaming, virtual lessons,
and supplemental take-home learning kits and activities.
In order for preschool to open in compliance with all regulations, the organization had to make several immediate retrofits and facility improvements.
Classroom retrofits included touchless sinks, soap dispensers, and toilets along with plexiglass dividers. Along with new policies and facilities
improvement, each child has needed their own learning supplies (not to be shared), a tablet for at-home use (during the hybrid programming), and
distanced workspace requiring that additional desks and supplies be purchased. These new unanticipated costs that were not a part of the
organisation's regular budget and required additional fundraising efforts.
Because of the pandemic, the preschool has had to significantly limit in -person field trips and special guests visiting the classroom (such as parents,
community volunteers, and dress -up characters such as the Cat in the Hat or Clifford the Big Red Dog). These experiences have been adjusted to a
virtual platform, which still allows teachers to integrate classroom lessons into the real world. Even virtual field trips support the development of self -
regulation through curiosity and initiative in learning, self-control of feelings and behavior, and shared use of space and material. Virtual field trips
also serve as a great opportunity for preschoolers to develop language and literacy as they communicate by classifying the various objects or animals
they visually encounter, including color, size, and type.
Program Deliverables
Over the one-year grant period, KidWorks' preschool wilt serve between 40 and 48 children, ages 3 to 4 years old. Expected outcomes of the project
are:
1) KidWorks will develop a new outdoor classroom for the preschool.
2) At least 90% of eligible students will promote from preschool ready for Kindergarten.
3) 100% of preschool students will have developmental screenings completed and those in need of follow-up services will be given a referral.
4) By the end of the school year, at least 75% of 3-year-old students will score "Exploring: later" or "Building: earlier" and 4-year-old students will
score "Building/Integrating" in all DRDP Domains.
5) By the end of the school year, at least 70% of the preschool children will develop leadership skills at a Building/Integrating level in the DRDP.
6) At least 90% of preschool- students will have useful roles and responsibilities in the classroom.
7) At least 70% of preschool students will consistently exhibit empathy, generosity, and tolerance toward others in the classroom.
2. Target Population
KidWorks serves families living in poverty and challenged neighborhoods of central Santa Ana. Among US cities, Santa Ana is the 4th most densely
populated city and ranks 5th in having the highest level of rent burden (64% of households spend more than 30% of their income on housing according
to An Equity Profile of Orange County, 2019).
The per capita income in the census tract (748.02) of the Dan Donahue Center is $14,652. This is about two-thirds of the amount in Santa Ana:
($20,867) and about one-third of the amount in Orange County: ($41,514). Furthermore, because of the high levels of rent burden on families in Santa
Ana, it is common for two to three families to live in one household so that they can afford even a small apartment. With regard to educational
attainment, 50.6% of families have a parent who graduated from high school and 11.1%have obtained at least a Bachelor's degree (ACS, 2019).
With regard to race and ethnicity, 99% of families served by KidWorks are Latino and 1% of families are Asian, which is representative of the overall
racial and ethnic demographics in the service area.
3. Unmet Need
According to First Five Orange County's 2020 Landscape Analysis, there are 79,313 preschool -age children in Orange County, with only 55,361 spots
in licensed child care or preschool setting. This means that 30% of preschool age children have no place to go. Locally, the Early Development Index
reveals that over half of Santa Ana's children (58%) were not ready for kindergarten upon entry. When children are starting kindergarten and they are
20
already behind, this puts them at a tremendous learning disadvantage. They are unable to keep up with their schoolwork, feel frustration, and it is very
difficult to catch up with their peers from other neighborhoods. Exhibit A
Furthermore, the surrounding neighborhoods where KidWorks' preschool is located are among the densest in the country and families lack safe
outdoor spaces to spend time with their children. In these dense and park -poor communities, there is little respite for children who desire open space
and access to nature. Young people are in dire need of safe, positive interactions with natural elements, now more than ever. A growing body of
research indicates that nature -based activities serve as preventive measures against anxiety, depression, and loneliness. (Source: National Association
of Hort Therapy)
KidWorks hopes to transform its old and outdated playground into an outdoor, nature -based classroom. KidWorks' outdoor classroom will allow
preschool children to explore in a nature -rich environment. These experiences will help children gain awareness, knowledge, and appreciation for the
natural environment. Children will learn how to care for their environment through planting, watering, and weeding the garden. Through observation
and research of the soil and the insects that inhabit the outdoor spaces children will learn about the relationship between living organisms. The outdoor
classroom will increase awareness and understanding about energy, water, and conservation of natural resources which prepare children to effectively
address these issues throughout their lives. The interactions children have with nature in this new environment will encourage an interest in science
and math, build skills for taking care of the environment, and gain a stronger understanding of the world in which they live.
4. Collaboration
KidWorks' preschool program partners directly with First 5 Orange County for school -readiness nurses; Orange County Department of Education for
quality improvement training, coaching; and assessments, and PBS SoCal for literacy promotion. KidWorks also partners closely with parents and
community volunteers to put on its many special events for the preschoolers throughout the year, including a Thanksgiving Feast, Lunar New Year
Celebration, Tea Party, and National Reading Week.
In partnership with Community Action Partnership of Orange County and the Orange County Food Bank, KidWorks hosts "Clementine" which is a
mobile food trolley stationed in various at -risk neighborhoods throughout Orange County. This provides KidWorks the opportunity to serve an
average of 50 families each month with healthy food and supplies, including fresh meats, fruits, vegetables, and dairy products. All preschool families
are invited to participate in these food distribution activities.
Through a collaboration with the Community Health Initiative of Orange County (CHIOC), KidWorks promotes healthcare coverage and other social
services outreach and enrollment. CHIOC's health care navigators provide group and one-on-one education and enrollment services for families to
help them access eligible health and social services benefits and programs.
Lastly, Families Together of Orange County has become a new partner with KidWorks throughout the COVID-19 pandemic. This community health
center has provided health information, COVID-19 testing, and vaccination services to the families at KidWorks. In addition, KidWorks has been able
to refer families to the health center for their medical, dental, vision, and behavioral health needs.
5. Innovation
Outdoor play spaces are important for promoting children's wellbeing and development. Particularly at a time when the pandemic has resulted to
increased anxiety and depression, spending more time outside and in nature has been proven to improve mental health and increase quality of life.
Researchers have observed that children with access to outdoor spaces to play have improved socialization, problem -solving, focus, self -regulation,
creativity and self-confidence, and reduced stress, boredom and injury. (Source: Mariana Brussoni, Takuro Ishikawa, Sara Brunelle, Susan Herrington,
Landscapes for play: Effects of an intervention to promote nature -based risky play in early childhood centres, Journal of Environmental Psychology,
2017)
While nature -based preschools have emerged as an innovative alternative to more traditional academics -focused preschools, they have been mostly
popularized in higher -income communities (local examples include the Environmental Nature Center's Preschool in Newport Beach, Community
Seedlings Preschool in Laguna Niguel, and St. Paul's Preschool in Tustin). KidWorks is requesting this funding opportunity as a chance to invest in
high -quality, field-tested, and research -based design principles to develop a nature -based outdoor classroom for preschool students in central Santa
Ana. By investing in this design and development that encourages dynamic, nature -based play and learning, children living in under-resourced
neighborhoods will have joyful, multi -sensory experiences that help them thrive.
KidWorks' preschool is currently rated by the Orange County Department of Education's Quality Rating and Improvement System (QRIS) with an
overall ranking of four out of five stars, signifying that it is a "high quality" early education program. Since 2015, KidWorks' preschool has been an
active participant in the QRIS Pilot for improving the quality of early learning. KidWorks' participation in QRIS includes additional assessments,
training, and coaching that demonstrates a commitment to a level of quality above and beyond what the state of California requires for early childhood
education licensing.
What makes KidWorks unique is that after children graduate from the preschool program, they are invited to stay connected with KidWorks and enroll
in the after -school program for K-12th grade students. KidWorks also offers the college success initiative that helps high school students prepare for
college and supports college students to finish their degrees. KidWorks pledges to walk alongside children and families from the time they enroll in
preschool to when they finish their college education, "from Pre-K to B.A.".
Lastly, KidWorks' is highly engaged with the parents of students enrolled in its programs. Throughout the school year there are Kindergarten
Readiness workshops offered to the parents of preschool students. These educational sessions include topics such as early childhood literacy, dental
hygiene, nutrition, child brain development, and Kindergarten options. Between six and eight workshops are offered to the preschool parents
throughout the school year. On average, 15-30 parents participate in each workshop.
KidWorks also invites preschool parents to its general parent meetings that occur on a monthly basis to inform all preschool and After School Program
parents of current and upcoming programming, activities, and community events. Speakers from the community also use this opportunity to share
information about services and resources they provide. Depending on the month and speaker, an average of 100 parents attend these meetings.
21
KidWorks also facilitates a Preschool Parent Advisory Council (PAC) which meets to plan and discuss how to support preschool activities and events
during the school year. The Preschool AM and PM PAC groups meet between five and seven times throughout the school yeE.)"#flJpAeet more
than this though outside of KidWorks and these meetings when they collaborate and work together to support in their children's classroom activities
and events. The number of participants in these groups vary each school year, but between three and eight parents participate in each session (AM and
PM).
DATA COLLECTING, REPORTING AND COMPLIANCE
1. Compliance with State and Local Fiscal Recovery Funds (SLFRF), Compliance and Reporting responsibilities
KidWorks Community Development Corporation will comply with the SLFRF reporting responsibilities under the category "Healthy Childhood
Environments (3.6)", KidWorks will track the number of students participating in its preschool/child care program.
In addition to participation, KidWorks will measure the following program outcomes:
1) KidWorks will develop a new outdoor classroom for the preschool.
2) At least 90% of eligible students will promote from preschool ready for Kindergarten.
3) 100% of preschool students will have developmental screenings completed and those in need of follow-up services will be given a referral.
4) By the end of the school year, at least 75% of 3-year-old students will score "Exploring: later" or "Building: earlier" and 4-year-old students will
score "Building/Integrating" in all DRDP Domains.
5) By the end of the school year, at least 70% of the preschool children will develop leadership skills at a Building/Integrating level in the DRDP.
6) At least 90% of preschool students will have useful roles and responsibilities in the classroom.
7) At least 70% of preschool students will consistently exhibit empathy, generosity, and tolerance toward others in the classroom.
To assess progress and impact, KidWorks uses the following measures:
• Attendance and Participation Logs: Parents fill out a sign-in/sign-out sheet or login to the Preschool distance learning and virtual platforms, where
staff are able to monitor student daily attendance in classroom and parent participation in meetings. Information is tracked in software programs.
• Desired Results Developmental Profile (DRDP): The Desired Result Developmental Profile (DRDP) is a naturalistic, observation -based assessment
instrument used to determine how each child is developing. Preschool teachers are trained to administer the DRDP Online twice a year; fall and
spring, to track the progress of the 3 and 4-year-old children as they reach developmental milestones. Preschool teachers administer a DRP with
preschool parents in November.
• ASQ 3 and ASQ-SE: Preschool teachers administer the ASQ 3 and ASQ- SE assessments in December. This aids in the early identification of
developmental delays. if a child is screened for a delay, they are referred to the Regional Center for further diagnosis and services, at no cost.
- Progress Reports and PreK Assessment: Preschool teachers administer PreK Assessments and Progress Reports in the middle of the school year to
measure progress. The PreK Assessment measures the educational skills that the students have learned, such as identifying numbers, writing their
name, drawing a self-portrait, and cutting along a line. Teachers will mark observations in a Progress Report for whether students "have useful roles
and responsibilities in the classroom," and if students "consistently exhibit empathy, generosity, and tolerance toward others in the classroom".
2. Qualified Service Tract (QCT) Details
KidWorks' Preschool is located at the Dan Donahue Center which is in a Qualified Service Tract (QCT). KidWorks serves families living in poverty.
The per capita income in the census tract (748.02) of the Dan Donahue Center (KidWorks' headquarters) is $14,652. This is about two-thirds of the
amount in Santa Ana: ($20,867) and about one-third of the amount in Orange County: ($41,514). With regard to race and ethnicity, 99% of families
served by KidWorks are Latino and 1% of families are Asian, which is representative of the overall racial and ethnic demographics in the service area.
3. Compliance with 2 CFR part 200 (Uniform Administrative Requirements).
KidWorks Community Development Corporation will comply with 2 CFR part 200 (Uniform Administrative Requirements). The organization has
established policies and procedures on financial oversight that safeguards organizational assets and ensures financial stability. The CFO is responsible
for ensuring the tracking and reporting of the organization's finances and financial health to the Board of Directors and the Board is responsible for
approving the audit and financial statements as well as determining the long-term strategic direction of the organization in relation to its financial
standing.
KidWorks' accounting and internal controls are compliant with federal requirements organization -wide and appropriate for an organization of the
KidWorks' size and complexity. Generally Accepted Accounting Principles (GAAP) accounting standards, conventions, and rules for recording and
summarizing accounts are universally applied, such as recording all revenue and expenses within the correct accounting. The standards are supported
by the organization's accounting system software and all finance department staff are required to utilize GAAP standards. Annual independent audits
consistently report that KidWorks is in compliance with GAAP standards.
Expenses that can be identified with a specific program or support service are charged directly to that program or support service. Costs common to
multiple functions have been allocated among the various functions benefited using a reasonable allocation method that is consistently applied. For
example, salaries and wages, benefits, and payroll taxes are charged directly to the program for which work has been done as documented with
electronic timesheets. Program support staff salaries and appropriate pooled costs are allocated in accordance with procedure and methodology as
based on an established percentage of time based on job duties.
Finance reports are an integral part of Board meetings, with in-depth analysis conducted on a quarterly and annual basis. Finance reports keep the
Board apprised on the organization's revenues and expenses. Established financial accounting and control systems allow the Board to make informed
decisions and to identify performance projection changes early so that management can immediately initiate a corrective course of action to address
any shortfalls.
KidWorks arranges an annual audit of the organization's financial statements. KidWorks has historically received unqualified audit opinions from its
independent auditors. Annual audits consistently conclude that sound fiscal practices are in place and KidWorks follows proper accounting procedure.
22
EXHIBIT B
FEE PAYMENT SCHEDULE
23
Exhibit B
FISCAL YEAR 2022-2023
PROPOSED PROGRAM BUDGET
Organization Name KidWorks Community Development Corporation
Program Name KidWorks CDC Preschool
Term: July 1, 2022 to June 30, 2023
"Outdoor Classroom"
EXPENDITURES
Enter budeet cateeories and oroiected expenditures:
Category
Expenditures
Funded By
Santa Ana
REVIVE Funds
Expenditures
Funded By
Other Sources
Program
Budget
Total
Organization
Budget
Administrative Staff Salaries
$17,285
$17,285
Program Staff Salaries
$0
$0
Contractual Services
$7,000
$7,000
Other-
$6,000
$6,000
$7,000
$7,000
$4,000
$4,000
$21,800
$21,800
$6,915
$6,915
$45,000
$45,000
$10,000
$10,000
TOTAL
$125,000
$0
$125,000
$0
PROGRAM RESOURCES
LIST ALL OTHER PROGRAM RESOURCES FOR 2022-2023
Funding Source Total r
lust equal Program tsuaget i otai nstea apove.
FUNDING SOURCE AMOUNT
Santa Ana REVIVE 1 $ 125,000
TOTAL I $ 125,000 1
24
Exhibit B
2022-2023 REVIVE BUDGET LINE ITEMS
ADMINISTRATIVE STAFF
Position Title I Annual Salary & Benefits
REVIVE Funds
Description
Executive Director(0.5 FTE)
9692.5
Project Oversight
Facilities Manager (0.15 FTE)
7592.75
Project Oversight
PROGRAM STAFF
Position Title Annual Salary & Benefits REVIVE Funds Description
CONTRACTUAL/PROFESSIONAL SERVICES
Type of Service
Contract Amount
REVIVE Funds
Description
Professional Fees
7000
Planning & Design Consultation
OTHER LINE ITEMS
Line Item I Program Amount
REVIVE Funds
Description
Site Development & Installation
$6,000
Oversee Site Development & Installation
includes removal of concrete, old playground
materials, moving dirt to create paths and
Site Preparation
7000
designate spaces
Plumbing
4000
Ground Cover & Fencing
21800
Plants/Landscape Materials
6915
nature -based educational materials for
movement, building, discovery, music, and art,
including sandbox, water station, reading area,
garden beds, raised platforms with slides,
swings, decks, large loose parts for building,
Educational Resources
1
450001
outdoor tables and chairs, storage
Contingency
I
1 10000
Attachment 1(b)
25
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.
II. 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.
910
IV. FEDERAL AWARD IDENTIFICATION
FAIN INFORMATION
A.
CONTRACTOR Name:
KIDWORKS COMMUNITY DEVELOPMENT
CORPORATION
B.
CONTRACTOR'S Unique
144306904
Identifier (D-U-N-S):
Federal Award
C.
Identification Number
SLFRP1059
(FAIN):
D.
Federal Award Date:
5/19/2021
E.
Subaward Period of
7/l/2022-6/30/2023
Performance:
Total Amount of Federal
F.
Funds Obligated by the
$125,000
Action:
Total Amount of Federal
G.
Funds Obligated to the
$125,000
CONTRACTOR:
H.
Total Amount of the
$64,180,406.50
Federal Award:
Federal Award Project
American Rescue Plan Act (ARPA)
I.
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:
kridMr±santa-ana.or
M.
CFDA Number:
21.027
CFDA Name:
Coronavirus State and Local Fiscal Recovery Funds
N.
Whether Award is R&D:
No
O.
Indirect Cost Rate for the
de minimus or federally negotiated rate
Federal Award:
27
EXHIBIT D
DEBARMENT
Certification Regarding
Debarment, Suspension, Ineligibility and Voluntary Exclusion
Lower Tier Covered Transactions
This certification is required by the regulations implementing Executive Order 12549, Debarment and
Suspension, 29 CFR Part 98, Section 98.510, Participants' responsibilities. The regulations were
published as Part VII of the May 26,1988 Federal 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.
David Benavides. Executive Director/CEO
Name and Title of Authorized Representative
3/16/22
Date
28
INSTRUCTIONS FOR CERTIFICATION
By signing and submitting this proposal, the prospective recipient of federal assistance funds
is providing the certification as set out below.
2. The certification in this clause is a material representation of fact upon which reliance was
placed when this transaction was entered into. If it is later determined that the prospective
recipient of federal assistance funds knowingly rendered an erroneous certification, in
addition to other remedies available to the Federal Government, the Department of Labor
(DOL) may pursue available remedies, including suspension and/or debarment.
3. The prospective recipient of federal assistance funds shall provide immediate 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.
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.
7. 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 Pro rams.
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
lciowledge 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.
W
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.
30
EXHIBIT E
LOBBYING
Certification Regarding Lobbying
Certification for Contracts, Grants. Loans. and Cooperative Agreements
The undersigned certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee of
any agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with the awarding of any Federal contract, the making of any
cooperative agreement, and the extension, continuation, renewal, amendment, or modification of
any Federal contact, grant, loan or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person
for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall
complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance
with its instructions.
(3) The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontract, subgrants, and contracts under
grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose
accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making
or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who
fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and
not more than $100,000 for each such failure.
KidWorks Community Development Corporation Preschool Outdoor Classroom
Grantee/Contactor Organization Program Title
David Benavides 'r - ` A,% -
Name of Certifying Officer Signature
Date
31
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.
32
EXHIBIT F
DRUG -FREE WORKPLACE
Certification Regarding Drug -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;
33
(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).
B. The contractor shall insert in the space provided on the attached "Place of Performance"
form the site(s) for the performance of work to be carried out with the grant funds
(including street address, city, county, state, and zip code) .the contractor further certifies
that, if it is subsequently determined that additional sites will be used for the performance
of work under the contract, it shall notify the U.S. Department of Housing and Urban
Development immediately upon the decision to use such additional sites by submitting a
revised "Place of Performance" form.
KidWorks Community Development Corporation
Organization
Authorized Signature
34
3/16/22
Date
PLACE OF PERFORMANCE
FOR CERTIFICATION REGARDING DRUG -FREE
WORKPLACE REQUIREMENTS
Name: KidWorks Community Development Corporation
Date: March 16, 2022
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):
KidWorks Dan Donahue Center at 1902 W. Chestnut Avenue, Santa Ana, California
35
AGREEMENT BETWEEN THE CITY OF SANTA ANA AND
KIDWORKS COMMUNITY DEVELOPMENT CORPORATION FOR USE OF
AMERICAN RESCUE PLAN ACT (ARPA) FUNDS
This Agreement is hereby made and entered into this 3rd day of May, 2022, by and
between the City of Santa Ana, a charter city and municipal corporation organized and existing
under the Constitution and laws of the State of California ("CITY"), and Kidworks Community
Development Corporation, a California domestic nonprofit corporation
("SUBRECIPIENT" or "CONTRACTOR").
RECITALS:
A. The American Rescue Plan Act ("ARPA") was signed into law in March 2021. ARPA
provides funding for a number of different programs, including the Coronavirus State and
Local Fiscal Recovery Fund ("SLFRF"), to provide monetary support to local governments
to respond to, mitigate, and recover from the COVID-19 public health emergency.
B. On July 20, 2021, the Santa Ana City Council authorized the City Manager to utilize ARPA
SLFRF funding from the United States Department of Treasury for the Revive Santa Ana
Spending Plan, which includes five spending categories: recovery from the pandemic, direct
assistance programs, public health and safety, critical infrastructure, and city fiscal health.
C. SUBRECIPIENT has been selected by the CITY to receive ARPA SLFRF Funds in order to
provide youth programs, including: early childhood support; head start; day care; after school
tutoring; athletic; and, youth violence prevention, in accordance with the Scope of Work
attached hereto as Exhibit A and incorporated herein by reference ("said program").
SUBRECIPIENT represents that it is qualified and willing to operate said program and
certifies that the administration of said program carried out with funds provided under this
Agreement will meet ARPA's objectives to respond to, mitigate, and recover from this
historic COVID-19 public health crisis.
D. SUBRECIPIENT agrees that it will adhere to the tasks and services as indicated in Exhibit A
for said program. Failure to follow the requirements and meet the stated expectations may
constitute breach of contract that could result in termination of this Agreement or serve as
reason for the CITY to recapture the grant funds awarded to SUBRECIPIENT pursuant to
this Agreement.
WHEREFORE, it is agreed by and between the parties that the foregoing Recitals are a
substantive part of this Agreement and the following terms and conditions are approved and together
with all exhibits and attachments hereto, shall constitute the entire Agreement between the CITY and
SUBRECIPIENT:
I. ARPA PROGRAM PROVISIONS
A. Scope of Work. SUBRECIPIENT shall be responsible for the specific tasks and
services of said program, and agrees to administer said program in compliance with the tasks and
services as described in the Scope of Work attached hereto as Exhibit A. SUBRECIPIENT's failure
to perform as required may, in addition to other remedies set forth in this Agreement, result in
readjustment of the amount of funds for said program or termination of this Agreement.
B. Term of Agreement. The term of said Agreement shall commence on July 1 st. 2022,
and continue through June 30 2023 ("Term"), unless terminated earlier pursuant to the terms of
this Agreement. This Agreement shall also cover any and all services provided by the
SUBRECIPIENT to the CITY since the date the ARPA SURF Funds were awarded to the CITY.
Additionally, the Term of this Agreement may be extended by a writing executed by the City
Manager, or designee, and the City Attorney.
C. Amount of Grant Funding. The total amount of funds provided for said program
shall not exceed One Hundred Twenty -Five Thousand Dollars and Zero Cents ($125.000 ) ("ARPA
SURF Funds") during the Term of the Agreement. SUBRECIPIENT agrees to use said ARPA
SURF Funds to administer said program as outlined in Exhibit A.
D. Disbursement of Funds. Said ARPA SURF Funds shall be disbursed by CITY to
SUBRECIPIENT pursuant to the terms found in the Fee Payment Schedule attached hereto as
Exhibit B, with payments subject to the submittal of invoices and other reporting requirements,
as hereinafter more fully set forth. SUBRECIPIENT shall be obligated to perform such duties as
would normally extend beyond the term, including, but not limited to, obligations with respect to
indemnification, audits, reporting, data retention/reporting, and accounting. Failure to provide any
of the required documentation and reporting will cause CITY to withhold all or a portion of a
request for ARPA SURF Funds, or return the entire request to SUBRECIPIENT, until such
documentation and reporting has been received and approved by CITY.
(1) Reduction in ARPA 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 SUBRECIPIENT's rate of
expenditure will result in unspent funds at the end of the program term. Amendments in the grant
allocation will be made after consultation with SUBRECIPIENT.
(3) Reversion of Assets. SUBRECIPIENT agrees that any and all funds received
under this Agreement shall be utilized during the Term of this Agreement, and that any and all funds
remaining as of the end of the Term, which have not been utilized, shall be returned by
SUBRECIPIENT to the CITY within thirty (30) days of the expiration or earlier termination of the
Agreement. No expense of SUBRECIPIENT will be reimbursed by CITY if incurred after the end
of the Term of the Agreement.
2
E. Grant Program Requirements.
(1) SUBRECIPIENT acknowledges that the source of funding for said program is the
federal ARPA, and that payments from the ARPA SURF Funds are only to be used to make
necessary expenditures incurred due to the public health emergency with respect to COVID-19.
(2) SUBRECIPIENT acknowledges that ARPA provisions allow the use of ARPA
SURF Funds to respond to, mitigate, and recover from the COVID-19 public health emergency, and
will not use these funds for any other uses.
(3) SUBRECIPIENT shall follow the process and determination of eligibility for
participants in said program as outlined in Exhibit A.
F. Performance Monitoring.
(1) SUBRECIPIENT shall submit program performance information as often as
requested by CITY, but no less than the submission of monthly reports and a final report to CITY
with the information requested by and in the format acceptable to CITY. Each monthly report is due
within thirty (30) days of completion of work for each month. The final report is due within thirty
(30) days after the termination or expiration of this Agreement.
(2) CITY will evaluate SUBRECIPIENT's management and operation of said
program with respect to the project expectations as described in Exhibit A.
(3) CITY will review the audit of the SUBRECIPIENT to ensure that grant funds are
used for authorized purposes in compliance with laws, regulations, and the provisions of contracts or
grant agreements under this Agreement, including attachments and exhibits.
(4) If action to correct any substandard performance is not taken by the
SUBRECIPIENT within a reasonable period after being notified by CITY, suspension or termination
procedures may be initiated by CITY.
(5) All performance shall be subject to review by the CITY or other regulatory
agencies at all times. SUBRECIPIENT shall provide adequate cooperation to any inspector or other
CITY representative to permit the same to determine SUBRECIPIENT's conformity with the terms
of this Agreement. If any services performed by SUBRECIPIENT are not in conformance with the
terms of this Agreement, the CITY shall have the right to require SUBRECIPIENT to perform the
services in conformance with the terms of the Agreement at no additional cost. The CITY may also
terminate this Agreement for default and charge SUBRECIPIENT for any costs incurred by the CITY
because of SUBRECIPIENT's failure to perform.
(6) SUBRECIPIENT shall establish adequate procedures for self -monitoring and
quality control and assurance to ensure proper performance under this Agreement; and shall permit a
CITY representative or other regulatory official to monitor, assess, or evaluate SUBRECIPIENT's
performance under this Agreement at any time, upon reasonable notice to SUBRECIPIENT.
G. Audit.
(1) SUBRECIPIENT shall maintain complete and accurate records and supporting
documentation to facilitate financial and/or program audits by CITY. This requirement shall apply
to any records and documentation CITY shall reasonably require or as required to be maintained
pursuant to the ARPA regulations.
(2) The books and accounts, files, and other records of SUBRECIPIENT, which are
applicable to this Agreement, shall be available for inspection, review, and audit during normal
business hours by CITY to determine the proper application and use of all ARPA SLFRF Funds
provided to or for the account or benefit of SUBRECIPIENT.
(3) SUBRECIPIENT assumes responsibility for reimbursement to CITY a sum of
money equivalent to the amount of any expenditures disallowed should the CITY, or an authorized
agency, rule through audit, exception, or some other appropriate means, that expenditures from funds
allocated to SUBRECIPIENT for direct and/or administrative costs were not made in compliance
with the applicable cost principles, regulations, or the provisions of this Agreement.
(4) SUBRECIPIENT agrees to comply with the requirements of OMB Uniform
Guidance 2 CFR Part 200. SUBRECIPIENT further agrees to provide CITY with a copy of
completed independent auditors' report within thirty (30) days of CITY's request for such report. If
the report contains instances of non-compliance with federal laws and regulations that bear directly
on the performance or administration of this Agreement, SUBRECIPIENT shall provide CITY copies
of responses to auditors' reports, a plan for corrective action, and auditors' response that the
noncompliance has been resolved. All reports prepared in accord with the requirements of OMB
Uniform Guidance 2 CFR Part 200 shall be available for inspection by representatives of CITY or the
federal government during normal business hours.
(5) All accounting records, reports, and evidence pertaining to all costs, expenses
and the ARPA SLFRF Funds of SUBRECIPIENT and all documents related to this Agreement
shall be maintained and kept available at SUBRECIPIENT' S office or place of business for the
duration of the Agreement and thereafter for five (5) years from the date of final payment under
this Agreement. Records which relate to: (a) complaints, claims, administrative proceedings or
litigation arising out of the performance of this Agreement; or, (b) costs and expenses of this
Agreement to which CITY or any other governmental agency takes exception, shall be retained
beyond the five (5) years until complete resolution or disposition of such appeals, litigation claims,
or exceptions. In the event SUBRECIPIENT does not make the above -referenced documents
available within the City of Santa Ana, California, SUBRECIPIENT agrees to pay all necessary and
reasonable expenses incurred by CITY in conducting any audit at the location where said records and
books of account are maintained.
H. 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
4
CITY deems to be appropriate, including, but not limit to, duplication and/or distribution within
the CITY or to third parties. SUBRECIPIENT agrees not to release or circulate in whole or part
such materials, reports, or products without prior written authorization of the CITY.
I. Close -Out. SUBRECIPIENT agrees to comply with the closeout procedures
detailed in 2 CFR §200.343, including the following:
(1) SUBRECIPIENT must submit, no later than ninety (90) calendar days after the
end date of the period of performance, all financial, performance, and other reports as required by
the terms and conditions of this Agreement;
(2) SUBRECIPIENT must promptly refund any balances of unobligated cash that
the CITY paid in advance or paid and that is not authorized to be retained by SUBRECIPIENT for
use in other projects (See OMB Circular A-129 and 2 CFR §200.345); and,
(3) CITY should complete all closeout actions for the Federal award no later than
one year after receipt and acceptance of all required final reports.
II. SUBRECIPIENT'S OBLIGATIONS
A. R resentations and Warranties.
(1) Authority. SUBRECIPIENT is a duly organized and existing domestic
nonprofit corporation in good standing and authorized to do business under the laws of the State
of California. SUBRECIPIENT has full right, power and lawful authority to accept the funding
hereunder and to undertake all obligations as provided herein and the execution, performance and
delivery of this Agreement by SUBRECIPIENT has been fully authorized by all requisite actions
on the part of SUBRECIPIENT.
(2) Experience. SUBRECIPIENT is qualified to provide the administrator services
for said program detailed herein.
(3) Familiarity With Services Required. By executing this Agreement,
SUBRECIPIENT warrants that: (i) it has thoroughly investigated and considered the administrator
services to be performed and provided for said program as detailed in Exhibit A; (ii) it has
carefully considered how, the services should be performed; and, (iii) it fully understands the
facilities, difficulties and restrictions attending performance of the services under this Agreement.
(4) No Conflict. To the best of SUBRECIPIENT'S knowledge,
SUBRECIPIENT'S execution, delivery and performance of its obligations under this Agreement
will not. constitute a default or a breach under any contract, agreement or order to which
SUBRECIPIENT is a party or by which it is bound.
(5) No Bankruptcy. SUBRECIPIENT is not the subject of any current or
threatened bankruptcy proceeding.
5
(6) No Pending Legal Proceedings. SUBRECIPIENT is not the subject of a
current or threatened litigation that would or may materially affect SUBRECIPIENT'S
performance under this Agreement.
(7) Proposal Veracity. All provisions of and information provided in
SUBRECIPIENT's proposal submitted to CITY, including any exhibits, are true and correct in all
material respects.
(8) No Pending Investigation. SUBRECIPIENT has no knowledge that it is the
subject of any current or threatened criminal or civil action investigation by any public agency,
including without limitation a police agency or prosecuting authority, which would relate to or
affect performance of the Agreement or provision of services hereunder.
B. Licensing. SUBRECIPIENT agrees to obtain and maintain all required licenses,
registrations, accreditation and inspections from all agencies governing its operations.
SUBRECIPIENT shall ensure that its staff shall also obtain and maintain all required licenses,
registrations, accreditation and inspections from all agencies governing SUBRECIPIENT's
operations hereunder. Such licensing requirements include obtaining a City business license, as
applicable.
C. Zoning. SUBRECIPIENT agrees that any facility/property used in furtherance of said
program shall be specifically zoned and permitted for such use(s) and activities. Should
SUBRECIPIENT fail to have the required land entitlement and/or permits, thus violating any local,
state or federal rules and regulations relating thereto, SUBRECIPIENT shall immediately make good -
faith efforts to gain compliance with local, state or federal rules and regulations following written
notification of said violation(s) from the CITY or other authorized citing agency. SUBRECIPIENT
shall notify CITY immediately of any pending violations. Failure to notify CITY of pending
violations, or to remedy such known violation(s) shall result in termination of grant funding
hereunder. SUBRECIPIENT must make all corrections required to bring the facility/property into
compliance with the law within sixty (60) days of notification of the violation(s); failure to gain
compliance within such time shall result in termination of grant funding hereunder.
D. Separation of Accounts. All funds received by SUBRECIPIENT from CITY pursuant
to this Agreement shall be maintained in an account in a federally insured banking or savings and
loan institution with record keeping of such accounts maintained pursuant to applicable 2 CFR
200.302 requirements. SUBRECIPIENT is not required to maintain separate depository accounts for
ARPA SLFRF Funds; provided however, the SUBRECIPIENT must be able to account for receipt,
obligation, distribution and expenditure of ARPA SLFRF Funds pursuant to applicable 2 CFR
200.302 requirements.
E. Audit Report Requirements. SUBRECIPIENT agrees that if SUBRECIPIENT
expends Seven Hundred Fifty Thousand Dollars ($750,000) or more in federal funds,
SUBRECIPIENT shall have an annual audit conducted by a certified public accountant in accordance
with the standards as set forth and published by the United States Office of Management and Budget.
SUBRECIPIENT shall provide CITY with a copy of said audit by April 1 of the year following the
program year in which this Agreement is executed.
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. Confidentiali! . Without prejudice to any other provisions of this Agreement,
SUBRECIPIENT shall, where applicable, maintain the confidential nature of information provided
to it concerning participants in accordance with the requirements of federal and state law. However,
SUBRECIPIENT shall submit to CITY or its representatives, all records requested, including audit,
examinations, monitoring and verifications of reports submitted by SUBRECIPIENT, costs incurred
and services rendered hereunder.
I. Independent Contractor. SUBRECIPIENT agrees that the performance of obligations
hereunder is rendered in its capacity as an independent contractor and that it is in no way an agent of
CITY.
J. Violation of Terms and Conditions. SUBRECIPIENT agrees that if SUBRECIPIENT
violates any of the terms and conditions of this Agreement or any prior Agreement whereby ARPA
SURF Funds were received by SUBRECIPIENT, or if SUBRECIPIENT reports inaccurately, or if
on audit there is a disallowance of certain expenditures, SUBRECIPIENT agrees to remedy the acts
or omissions causing the disallowance and repay CITY all amounts spent in violation thereof. If
SUBRECIPIENT engaged in fraudulent activity to obtain and/or justify distribution or expenditure
of the ARPA SURF Funds granted hereunder, SUBRECIPIENT shall be required to reimburse the
CITY of all such fiends 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.
ill
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. Lobbyi�ng. SUBRECIPIENT certifies that it will comply with federal law (31 U.S.C.
1352) and regulations found at 24 CFR Part 87, which provide that no appropriated funds may be
expended by the recipient of a federal contract, grant, loan or cooperative agreement to pay any person
for influencing or attempting to influence an officer or employee of any agency, Member of Congress,
or an officer or employee of a Member of Congress in connection with awarding of any federal
contract, the making of any federal grant or loan, entering into any cooperative agreement and the
extension, renewal, amendment or modification of any federal contract, grant, loan or cooperative
agreement. SUBRECIPIENT shall sign a certification to that effect in a form as set forth in Exhibit
E, attached hereto and by this reference incorporated herein. SUBRECIPIENT shall submit said
signed certification to CITY prior to performing any of its obligations under this Agreement and prior
to any obligation arising on the part of CITY to pay any sums to SUBRECIPIENT under the terms
and conditions of this Agreement.
If any funds other than Federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any agency, a Member
of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall
complete and submit a "Disclosure Form to Report Lobbying," in accordance with its instructions
(Exhibit E).
N. Financial Interest. SUBRECIPIENT agrees that except for the use of administrative
fees to pay salaries and other related administrative or personnel costs, no persons who exercise or
have exercised any function with respect to administering said program under the 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 SURF Funds shall provide equal
employment opportunities for minorities and women.
Q. Women and Minority -Owned Businesses (W/MBE). SUBRECIPIENT will use its
best efforts to afford small businesses, minority business enterprises, and women's business
enterprises the maximum practicable opportunity to participate in the performance of this
Agreement in accordance with the requirements of 2 CFR 200.321 "Contracting with small and
minority businesses, women's business enterprises, and labor surplus area firms". As used in this
Agreement, the term "small business" means a business that meets the criteria set forth in section
3(a) of the Small Business Act, as amended (15 U.S.C. 632), and "minority and women's business
enterprise" means a business at least fifty-one percent (51 %) owned and controlled by minority
group members or women. For the purpose of this definition, "minority group members" are
African -Americans, Spanish-speaking, Spanish surnamed or Spanish -heritage Americans, Asian -
Americans, and American Indians. SUBRECIPIENT may rely on written representations by
businesses regarding their status as minority and female business enterprises in lieu of an
independent investigation.
R. Dru-, Free Workplace. SUBRECIPIENT agrees to provide a drug -free workplace and
to execute a certification as set forth in Exhibit F attached hereto and incorporated herein by this
reference.
S. Uniform Administrative Requirements, Cost Principles, and Audit Requirements
for Federal Awards. The following requirements and standards must be complied with: 2 CFR
Part 200 et al. SUBRECIPIENT shall procure all materials, property, or services in accordance
with the requirements of 2 CFR 200.318-326.
III. CITY'S OBLIGATIONS
A. Audit of Account. CITY shall include an audit of the account maintained by
SUBRECIPIENT in CITY's audit of all ARPA SURF 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
0
performed its obligations as stated in this contract in a satisfactory manner, or if the CITY
determines that insufficient supporting information has been submitted, the CITY shall notify the
SUBRECIPIENT in writing of its determination specifying in full detail the objections that it has
to the SUBRECIPIENT's performance. If action to correct such substandard performance is not
taken by the SUBRECIPIENT after being notified by the CITY, within a reasonable period of time
as stipulated in the written notification, contract suspension or termination procedures will be
initiated.
IV. GENERAL PROVISIONS
A. Non -Discrimination.
1. SUBRECIPIENT agrees to comply with Executive Order 11246, which requires
that during the performance of this Agreement, SUBRECIPIENT agrees not to discriminate against
any employee or applicant for employment because of race, religion, sex, color or national origin.
Such action shall include, but not be limited to the following: employment, upgrading, demotion, or
transfer, rates of pay or other forms of compensation, and selection for training, including
apprenticeship. SUBRECIPIENT agrees to post in conspicuous places, available to employees and
applicants for employment, notices to be provided by the SUBRECIPIENT setting forth the
provisions of this nondiscrimination clause.
2. SUBRECIPIENT agrees to comply with Title VI of the Civil Rights Act of 1964,
which indicates that no person shall, on the ground of race, color or national origin, be excluded from
participation in, be denied the benefits of, or be subject to discrimination under any program of activity
receiving federal financial assistance.
3. No person shall, on the grounds of race, sex, creed, color, religion, marital status,
national origin, age, sexual orientation, or physical or mental handicap be excluded from participation
in, be refused the benefits of, or otherwise be subject to discrimination in any activities, programs or
employment supported by this Agreement. SUBRECIPIENT is prohibited from discrimination on
the basis of age or with respect to an otherwise qualified handicapped person as provided for under
Section 109 of the Housing and Community Development Act of 1974, as amended.
4. SUBRECIPIENT agrees to comply with the Age Discrimination Act of 1975,
which requires that during the performance of this Agreement, SUBRECIPIENT agrees not to
discriminate against any employee or applicant for employment because of age. Such action shall
include, but not be limited to the following: employment upgrading, demotion, or transfer, rates of
pay or other forms of compensation, and selection for training, including apprenticeship.
SUBRECIPIENT agrees to post in conspicuous places, available to employees and applicants for
employment, notices to be provided by the SUBRECIPIENT setting forth the provisions of this age
discrimination clause.
5. SUBRECIPIENT agrees to comply with Section 504 of the Rehabilitation Act of
1973, which requires that no otherwise qualified individual with a disability in the United States, shall,
solely by reason of his or her disability, be excluded from the participation in, be denied the benefits
of, or be subjected to discrimination under any program or activity receiving federal financial
10
assistance or under any program or activity conducted by any executive agency or by the United
States Postal Service.
B. Conflict of Interest. Pursuant to the conflict of interest requirements set forth in 24
CFR 570.611 and 2 CFR 200.112, SUBRECIPIENT certifies that no member, officer, employee,
agent or assignee of CITY having direct or indirect control of any ARPA SLFRF Funds granted to
the CITY, inclusive of the subject ARPA SLFRF Funds, shall serve as an officer of SUBRECIPIENT.
Further, any conflict or potential conflict of interest of any officer of SUBRECIPIENT shall be fully
disclosed in writing prior to the execution of this Agreement and said writing shall be attached and
deemed fully incorporated as a part hereof. Notice shall be sent by SUBRECIPIENT to CITY
regarding any changes or modifications to its board of directors and list of officers.
C. Special Certification for Religious Entities. If SUBRECIPIENT is a religious entity,
SUBRECIPIENT hereby agrees that in connection with the provision of the services
SUBRECIPIENT shall provide with ARPA SLFRF Funds, in accordance with 24 CFR 570.2000):
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
11
section, the term "immediate family" means spouse, child, mother, father, brother, sister, brother-in-
law, sister-in-law, father-in-law, mother-in-law, son-in-law, daughter-in-law, aunt, uncle, niece,
nephew, stepparent and stepchild. The term "administrative capacity" means having selection, hiring,
supervisor or management responsibilities.
E. Notices. Notices to the parties shall, unless otherwise requested in writing, be sent by
U.S. Mail, postage prepaid, and addressed as follows:
TO CITY: City of Santa Ana
Lisa Rudloff
TO SUBRECIPIENT:
Executive Director
Parks, Recreation and Community Services Agency
20 Civic Center Plaza
P.O. Box 1988
Santa Ana, California 92702-1988
Kidworks Community Development Corporation
David Benavides
Chief Executive Officer
1902 W Chestnut Ave
Santa Ana, CA 92703-4304
F. Assiankifily. 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 and the results of that work by the Contractor, its agents,
representatives, employees, or subcontractors.
12
a. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall beat least as broad
as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00
O1 covering CGL on an "occurrence" basis, including products and completed
operations, property damage, bodily injury and personal & advertising injury
with limits no less than $2,000,000 per occurrence. If a general aggregate limit
applies, either the general aggregate limit shall apply separately to this
project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be
twice the required occurrence limit.
2. Automobile Liability: Insurance Services Office Form Number CA 0001
covering, Code 1(any auto), or if Contractor has no owned autos, Code 8 (hired)
and 9 (non -owned), with limit no less than $1,000,000 (if program services
includes transportation of youth, the limit shall be no less than $5,000,000) per
accident for bodily injury and property damage. (Not required if an automobile
is not required to fulfill services.)
3. Workers' Compensation: insurance as required by the State of California, with
Statutory Limits, and Employer's Liability Insurance with limit of no less than
$1,000,000 per accident for bodily injury or disease.
4. Sexual Abuse or Molestation (SAM) Liability: If the CGL policy referenced
above is not endorsed to include affirmative coverage for sexual abuse or
molestation, Contractor shall obtain and maintain a policy covering Sexual
Abuse and Molestation with a limit no less than $1,000,000 per occurrence or
claim.
5. If the Contractor maintains broader coverage and/or higher limits than the
minimums shown above, the City requires and shall be entitled to the broader
coverage and/or the higher limits maintained by the Contractor. Any available
insurance proceeds in excess of the specified minimum limits of insurance and
coverage shall be available to the City.
b. Other Insurance Provisions — The insurance policies are to contain, or be endorsed to
contain, the following provisions:
1. Additional Insured Status: The City, its officers, officials, employees, and
volunteers are to be covered as additional insureds on the CGL policy with
respect to liability arising out of work or operations performed by or on behalf
of the Contractor including materials, parts, or equipment furnished in
connection with such work or operations. General liability coverage can be
provided in the form of an endorsement to the Contractor's insurance (at least
as broad as ISO Form CG 20 10 1185 or if not available, through the addition
of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if a
later edition is used).
2. Primary Coverage: For any claims related to this contract, the Contractor's
insurance coverage shall be primary coverage at least as broad as ISO CG 20
O1 04 13 as respects the City, its officers, officials, employees, and volunteers.
13
Any insurance or self-insurance maintained by the City, its officers, officials,
employees, or volunteers shall be excess of the Contractor's insurance and shall
not contribute with it.
3. Notice of Cancellation: Each insurance policy required above shall state that
coverage shall not be canceled, except with notice to the City.
4. Waiver of Subrogation: Contractor hereby grants to City a waiver of any right
to subrogation which any insurer of said Contractor may acquire against the
City by virtue of the payment of any loss under such insurance. Contractor
agrees to obtain any endorsement that may be necessary to affect this waiver of
subrogation, but this provision applies regardless of whether or not the City has
received a waiver of subrogation endorsement from the insurer.
Self -Insured Retentions: Self -insured retentions must be declared to and
approved by the City. The City may require the Contractor to purchase coverage
with a lower retention or provide proof of ability to pay losses and related
investigations, claim administration, and defense expenses within the retention.
The policy language shall provide, or be endorsed to provide, that the self -
insured retention may be satisfied by either the named insured or City.
6. Acceptability of Insurers: Insurance is to be placed with insurers authorized to
conduct business in the state with a current A.M. Best's rating of no less than
A:VII, unless otherwise acceptable to the City.
7. Claims Made Policies: If any of the required policies provide coverage on a
claims -made basis:
1. The Retroactive Date must be shown and must be before the date of the
contract or the beginning of contract work.
2. Insurance must be maintained and evidence of insurance must be
provided for at least five (5) years after completion of the contract of
work.
3. If coverage is canceled or non -renewed, and not replaced with another
claims -made policy form with a Retroactive Date prior to the contract
effective date, the Contractor must purchase "extended reporting"
coverage for a minimum of five (5) years after completion of contract
work.
8. Verification of Coverage: Contractor shall furnish the City with original
Certificates of Insurance including all required amendatory endorsements (or
copies of the applicable policy language effecting coverage required by this
clause) and a copy of the Declarations and Endorsement Page of the CGL policy
listing all policy endorsements to City before work begins. However, failure to
obtain the required documents prior to the work beginning shall not waive the
Contractor's obligation to provide them. City reserves the right to require
complete, certified copies of all required insurance policies, including
endorsements required by these specifications, at any time.
14
9. Special Risks or Circumstances: City reserves the right to modify these
requirements, including limits, based on the nature of the risk, prior experience,
insurer, coverage, or other special circumstances.
Termination.
1. This Agreement may be terminated on thirty (30) days' written notice by either
party. In the event of such termination, SUBRECIPIENT shall only be entitled to reimbursement for
approved expenses incurred to the effective date of termination.
2. This Agreement may be suspended or terminated by CITY upon five (5) days'
written notice for violation by SUBRECIPIENT of Federal Laws governing the use of ARPA SURF
Funds. 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.
15
J. Limitation of Funds. The United States of America may in the future place
programmatic or fiscal limitations on the use of ARPA SLFRF Funds, which limitations are not
presently anticipated. Accordingly, CITY reserves the right to revise this Agreement in order to take
account of actions affecting ARPA program funding. In the event of funding reduction, CITY may,
in its sole and absolute discretion, reduce the budget of this Agreement, may limit the rate of
SUBRECIPIENT's authority to utilize funds, or may restrict SUBRECIPIENT's use of uncommitted
funds. Where CITY has been directed to implement a reduction in funding, with respect to funding
for this Agreement, CITY's City Manager or delegate is authorized to act for CITY in implementing
and effecting such a reduction and in revising, modifying, or amending the Agreement for such
purposes. If such a reduction in funding occurs, SUBRECIPIENT shall be permitted to de -scope
accordingly. Where CITY has reasonable grounds to question SUBRECIPIENT's fiscal
accountability or compliance with this Agreement, CITY may suspend the operation of this
Agreement for up to sixty (60) days upon five (5) days written notice to SUBRECIPIENT of its
intention to so act, pending an audit or other resolution of such questions. In no event, however, shall
any revisions made by CITY affect expenditures and legally binding commitments made by
SUBRECIPIENT before it received notice of such revision, provided that such amounts have been
committed in good faith and are otherwise allowable and that such commitments are consistent with
ARPA SLFRF Funds withdrawal guidelines.
K. Exclusivity and Amendment of Agreement. This Agreement supersedes any and all
other agreements, either oral or in writing, between the parties hereto with respect to the use of CITY's
ARPA SLFRF Funds by SUBRECIPIENT and contains all the covenants and agreements between
the parties with respect to SUBRECIPIIENT's administration of said program. Each party to this
Agreement acknowledges that no representations, inducements, promises or agreements, orally or
otherwise, have been made by any party, or anyone acting on behalf of any party, which are not
embodied herein, and that no other agreement or amendment hereto shall be effective unless executed
in writing and signed by both CITY and SUBRECIPIENT.
L. Laws Governing this Agreement. This Agreement shall be governed by and construed
in accordance with the laws of the State of California, and all applicable federal laws and regulations.
M. Validity and Severability. The invalidity in whole or in part of any provision of this
Agreement shall not void or affect the validity of any other provision of this Agreement. Whenever
possible, each provision of this AGREEMENT shall be interpreted in such manner as to be
effective and valid under applicable law, but if any provision of this AGREEMENT is held to be
prohibited by or invalid under applicable law, such provision shall be ineffective only to the extent
of such prohibition or invalidity, without invalidating the remainder of such provisions of this
AGREEMENT.
N. Waiver. No delay or omission by either 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.
16
O. Federal Award Identification Information. SUBRECIPIENT's pertinent Federal
Award Identification Information, including DUNS Number and Federal Award Identification
Number (FAIN), as well as the applicable information for ARPA, are included in Exhibit C
attached hereto and incorporated herein by this reference.
P. Miscellaneous Provisions.
1. Each undersigned represents and warrants that its signature herein below has the
power, authority and right to bind their respective parties to each of the terms of this Agreement, and
shall indemnify CITY fully, including reasonable costs and attorney's fees, for any injuries or
damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is
withdrawn.
2. All Exhibits and Attachments referenced herein and attached hereto shall be
incorporated as if fully set forth in the body of this Agreement.
3. This Agreement must be signed below and may be signed in counterpart and
delivered by fax, email as a PDF (Portable Document Format) file attachment, or by other means that
displays the original or a copy of the signatures. Any subsequent amendments may be signed and
delivered in the same manner.
{Signatures on following page}
17
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year
first written above.
ATTEST:
DAISY GOMEZ
Clerk of the Council
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
BRANDON SALVATIERRA
Deputy City Attorney
RECOMMENDED FOR APPROVAL:
LISA RUDLOFF
Executive Director
Parks, Recreation and Community Services Agency
CITY OF SANTA ANA
KRISTINE RIDGE
City Manager
SUBRECIPIENT:
DAVID BENAVIDES
Chief Executive Officer
DUNS #: 144306904
18
EXHIBIT A
SCOPE OF WORK
I:
SCOPE OF WORK Exhibit A
1. Program Details, Tasks, Duration, and Deliverables
Funds from the Revive: Santa Ana Youth Programs will support KidWorks' year-round After School Program for 400 predominately Latino K-121'
grade students with a goal that at least 90% of students graduate from high school on time and enroll in college. The program has a holistic approach to
engage students in activities that support academic success, leadership development, and social emotional wellness. Parents and families are also
provided with supports that promote student success.
KidWorks' community centers are located in some of Santa Ana's most under-resourced neighborhoods of South Townsend Street, West Myrtle Street,
and Cedar -Evergreen. These communities have been disproportionately impacted by the pandemic, experiencing higher incidences of illness, death, and
lost income. Throughout the pandemic, KidWorks has been focused on youth and family engagement, recognizing that young people are suffering from
the lack of social connections with one another and other supportive adults.
During the height of the pandemic, KidWorks launched a virtual tutoring program for students called the "Homework Hotline." As restrictions have eased,
KidWorks has been able to move programming into a hybrid model, with both in -person and online offerings. In addition to continuing to provide
academic tutoring, the After School Program has had an increased emphasis on the fundamentals of looking after each student's personal well-being and
social emotional development to support them as they persevere in living through the community trauma of the COVID-19 pandemic.
The proposed program will take place Monday -Friday, 3-7pm, from August -June, following the school year.
The After School Program, is organized under the following three program success strategies: 1) Personal Development, 2) College and Career Readiness,
and 3) Leadership Development.
1) Personal Development: Developing the confidence, tools, and self-identity to reach individual potential.
a. Social Emotional Wellness: Developing skills in self-awareness, managing emotions, goal setting, healthy relationships, empathy, and responsible
decision -making.
b. Character Development: Cultivating personal character traits and self-identity in accordance with the `internal assets' identified by the Search Institute's
40 Developmental Assets framework under the following themes: Commitment to Learning, Positive Values, Social Competencies, and Positive Identity.
2) College and Career Readiness: Providing a clear path and support toward higher education and a future career.
a. Academic Support: Providing a pathway for academic success through quality homework help, tutoring, and guidance to enter higher education.
Students are given a nurturing environment to develop a growth mindset and love of learning through activities that promote literacy, science, technology,
engineering, math, arts, and music.
b. Academic Enrichment: Providing exposure and exploration of various colleges and careers. Students participate in college campus tours, career
exploration workshops and site visits, SAT preparation classes, financial literacy training, college application assistance workshops, internships, and
mentoring.
3) Leadership Development: Gaining the knowledge, compassion, and skills to give back to the community.
a. Equip: Learning to assess needs and opportunities in the community and learning the qualities of a servant leader. Students participate in leadership
roles in the classrooms and their community. Through FranklinCovey's Leader in Me curriculum, students learn the Seven Habits of Highly Effective
People. These habits help students take initiative in their personal transformation, collaborate with one another, and promote self -care.
b. Mobilize: Engage in efforts to serve others and effect positive community impact. Youth participate in leadership teams to organize community service
projects.
KidWorks' overarching goals are that:
1. Young people develop the confidence, values, social competencies, and self-identity to reach their potential.
2. Young people are provided with a clear path and support toward higher education and a future career.
3. Young people gain knowledge, compassion, and skills to give back to their community.
Over the two-year grant period, the After School Program expects to serve 400 K,-121 grade students each year. Expected outcomes of the program are:
Personal Development
At least 75% of students display "life ready" skills, such as empathy, decision -making, and conflict resolution. (Compared to a national average of 42% of
youth as researched by the Search Institute.)
At least 75% of students believe their life has purpose. (Compared to a national average of 63% of youth as researched by the Search Institute.)
College and Career Readiness
At least 95% of intermediate and high school students graduate on -time. (Compared to Santa Ana Unified School District's high school graduation rate of
88% for socio-economically disadvantaged youth and a national high school graduation rate of 71 % of Latino youtb according to the Pew Institute.)
At least 90% of high school graduates enroll in college or vocational training.
Leadership Development
At least 70% of students feel empowered with useful roles and responsibilities. (Compared to a national average of 32% of youth as researched by the
Search Institute.)
At least 70% of students believe that they are helping make their community a better place. (Compared to a national average of 50% of youth as
researched by the Search Institute.)
2. Target Population
KidWorks serves families living in poverty and challenged neighborhoods of central Santa Ana. Among US cities, Santa Ana is the 4th most densely
populated city and ranks 5th in having the highest level of rent burden (64% of households spend more than 30% of their income on housing according to
An Equity Profile of Orange County, 2019).
The per capita income in the census tract (748.02) of the Dan Donahue Center (KidWorks' headquarters) is $14,652. This is about two-thirds of the
amount in Santa Ana: ($20,867) and about one-third of the amount in Orange County: ($41,514). Furthermore, because of the high levels of rent burden
on families in Santa Ana, it is common for two to three families to live in one household so that they can afford even a small apartment. With regard to
educational attainment, 50.6% of families have a parent who graduated from high school and 11.1% have obtained at least a Bachelor's degree (ACS,
2019).
With regard to race and ethnicity, 99% of families served by KidWorks are Latino and 1% of families are Asian, which is representative of the overall
racial and ethnic demographics in the service area. 20
3. Unmet Need
KidWorks' three neighborhood -based community centers are located in under-resourced and gang -active neighborhoods in Sant IAM &ices are
most needed. As predicted in the beginning months of the pandemic, "for most students... COVID-19 raises concerns related to danger, safety, and the
need for protection. For others, the pandemic brings new grief, loss, and trauma, which may include increased risk for violence and abuse in the home.
Many families will experience secondary adversities related to their isolation, economic hardship, and unmet basic needs." (The National Child Traumatic
Stress Network, 2020)
Young people and parents at KidWorks are living through community trauma in a COVID-19 hotspot. For nearly the past two years, KidWorks staff
members have been talking to families every day about their experiences of loneliness, anxiety, and depression. The pandemic has taken its toll on this
community with countless sick and dying friends, family, neighbors, and co-workers. Parents have been anxious about keeping their families healthy and
how to afford their basic needs. Students have been overwhelmed with keeping up with school work, especially when they had to do it virtually from
crowded apartments with unreliable internet connection.
"It is next -to -impossible to expect teaching and learning to occur in a crisis without attending to our emotions." (Christina Cipriano, Director of Research
at the Yale Center for Emotional Intelligence, 2020). Recognizing this, KidWorks has been committed to supporting the overall social -emotional wellness
of young people. The Collaborative for Academic, Social, and Emotional Learning (CASEL), defines social emotional learning as "how children and
adults learn to understand and manage emotions, set goals, show empathy for others, establish positive relationships, and make responsible decisions."
The social and emotional wellness of young people is a significant concern for KidWorks, as neglecting the emotional health of young people will likely
lead to deeper trauma that can impact brain development and future behaviors. During the pandemic, KidWorks maintains a strong focus on helping
young people and families develop their coping and communication skills in order to become more resilient than ever.
4. Collaboration
KidWorks' program model relies heavily on strategic partnerships to increase the breadth and depth of services for the youth and families served. The
After School Program specifically partners with Bloom Foundation (social and emotional learning and peer mentorship for young women), Child
Creativity Lab (Science, Technology, Engineering, Arts, and Math -- STEAM workshops), Dragon Kim Foundation (music instruction), FranklinCovey
Leader in Me (leadership development curriculum), Girl Scouts of Orange County, Ignite Leadership Program, Love in Music (music instruction), Mater
Dei High School (scholarships for private high school), MIND Institute (math promotion), PBS SoCal (educational workshops and resources), Pure Game
(soccer and character education), Search Institute (asset -based program assessments), Start Well OC, and Tilly's Life Center (mental health workshops for
teens). KidWorks also partners with businesses such as BBVA, Edwards Lifesciences, Taco Bell Corporate, and Kingston Technologies to provide career
exploration workshops, presentations, and job site visits for students.
KidWorks' After School Program also collaborates with the Santa Ana Unified School District (SAUSD) and their new mental health team. This
partnership ensures students receive timely support during a crisis or urgent need within their family. Mental health needs are the second most common
reason for KidWorks to make referrals for additional services, number one is food and number three is for housing.
In partnership with Community Action Partnership of Orange County and the Orange County Food Bank, KidWorks hosts mobile food trolley called
"Clementine." This provides KidWorks the opportunity to serve an average of 50 families each month with healthy foods, including fresh meats, fruits,
vegetables, and dairy products.
Through a collaboration with the Community Health Initiative of Orange County (CHIOC), KidWorks promotes healthcare coverage and other social
services outreach and enrollment. CHIOC's health care navigators provide group and one-on-one education and enrollment services for families to help
them access eligible health and social services benefits and programs.
Lastly, Families Together of Orange County has become a new partner with KidWorks throughout the COVID-19 pandemic. This community health
center has provided health information, COVID-19 testing, and vaccination services to the families at KidWorks. In addition, KidWorks has been able to
refer families to the health center for their medical, dental, vision, and behavioral health needs.
5. Innovation
What makes KidWorks innovative is the pledge to walk alongside children and families from the time they enroll in preschool to when they finish their
college education, "from Pre-K to B.A."
KidWorks' community centers are located in challenged neighborhoods that, despite many negative statistics, are home to strong and hardworking
families. KidWorks uses an asset -based approach to programming, providing a supportive environment to nurture the positive social and emotional
development of individuals that affirm their identities and strengths. By helping young people develop positive relationships with their peers, parents, and
KidWorks' staff and volunteers, students stay in school and on track for college.
Over the past two years, KidWorks has partnered with leadership training pioneer, FranklinCovey, to bring a new and innovative program to central Santa
Ana called Leader in Me. KidWorks is the first After School Program in the nation to implement this curriculum. The program is transforming the
approach of staff and parents to best support leadership development in young people. This powerful curriculum is based on the Seven Habits of Highly
Effective People and has been used successfully in thousands of schools around the world. Leader in Me is helping students learn how to become self-
reliant, take initiative, plan ahead, set and track goals, do their homework, prioritize their time, manage their emotions, be considerate of others, express
their viewpoint persuasively, resolve conflicts, find creative solutions, value differences, and live a balanced life.
Along this line of leadership development, KidWorks involves youth and parents in decision -making for the organization through youth and parent
leadership councils. Two of the themes for KidWorks this past year has been "Youth as Innovators" and "Parents as Partners." In the summer of 2020, the
program staff led a series of Dream Sessions with youth and parents to inform program design and help staff understand the strengths, weaknesses,
opportunities, and threats to the programming. This was particularly important as the organization was pivoting services to meet the new realities of
programming during the pandemic.
During these Dream Sessions, youth vocalized needing opportunities to socialize and connect with others outside their households, this provided
necessary feedback to successfully launch KidWorks' virtual Youth Nights series. Parents talked about the importance of continuing to provide tutoring
services to help their children complete school assignments. This inspired the creation of a Homework Hotline which has become the after -school
program's most requested offering. As KidWorks includes youth and parents in the planning of its programming, the organization keeps young people
engaged and further protected from the negative effects of living through a pandemic.
21
ruiULuei way Dual, A_iu vv V1Aa is 11111V Val1VG is uvw uu ylUgLCUu -.1LVla w VaiiUua wuuiiuuikauwi atyiw, 111u vrulna urea neeuuiu aUuwaie w quail vui
messaging to families through text, email, and a webpage. Youth and parents easily receive messages, invitations to events, and t p dXes on their
phones and computers. KidWorks also maintains active social media accounts to communicate with youth and parents and sends,% h special
event information.
Lastly, KidWorks emphasizes the importance of parent involvement in the After School Program. Every parent pledges to volunteer at least five hours per
year to support the program. KidWorks hosts monthly parent meetings to inform parents of current and upcoming programming, activities, and
community events. Speakers from the community also use this opportunity to share information about services and resources they provide. Depending on
the month and speaker, an average of 100 parents attends these meetings. KidWorks also facilitates a parent leadership teams which meets to plan and
discuss how to support program activities and events during the school year.
DATA COLLECTING, REPORTING AND COMPLIANCE
1. Compliance with State and Local Fiscal Recovery Funds (SLFRF), Compliance and Reporting responsibilities
KidWorks Community Development Corporation will comply with the SLFRF reporting responsibilities to provide academic and social -emotional
supports to students in high -poverty schools. Under the category "Education Assistance (EC 3.1-3.5)", KidWorks will track the number of students
participating in its After School Program as they receive support with academics, social emotional wellness, and leadership development.
In addition to participation, KidWorks will measure the following program outcomes:
At least 95% of intermediate and high school students graduate on -time.
At least 90% of high school graduates enroll in college or vocational training.
At least 75% of students display "life ready" skills, such as empathy, decision -making, and conflict resolution.
At least 75% of students believe their life has purpose.
At least 70% of students feel empowered with useful roles and responsibilities.
At least 70% of students believe that they are helping make their community a better place.
KidWorks will use the following evaluation methods to track these additional program outcomes:
1) Tracking on -time promotions and graduation: On -time grade promotion is tracked upon enrollment into the new school year. The College and Career
Readiness Manager tracks high school graduation and monitors the transition from high school to college.
2) Search Institute's Developmental Assets Profile (DAP): The DAP survey is used annually with 4-12th grade students and offers powerful information
about student development, emphasizing personal and emotional skills, strengths, and supports they have and need.
2. Qualified Service Tract (QCT) Details
Both KidWorks' Dan Donahue Center and KidWorks Center on Townsend are located within a Qualified Service Tract (QCT). These two centers
combined will serve 350 K-12t" grade students in the After School Program each year. The KidWorks Cedar -Evergreen Center is right on the border of a
QCT and will serve 50 K-12t' grade students in the After School Program each year. KidWorks' three neighborhood -based community centers are located
in under-resourced and gang -active neighborhoods in Santa Ana, where services are most needed.
KidWorks serves families living in poverty. The per capita income in the census tract (748.02) of the Dan Donahue Center (KidWorks' headquarters) is
$14,652. This is about two-thirds of the amount in Santa Ana: ($20,867) and about one-third of the amount in Orange County: ($41,514).
With regard to race and ethnicity, 99% of families served by KidWorks are Latino and 1% of families are Asian, which is representative of the overall
racial and ethnic demographics in the service area.
3. Compliance with 2 CFR part 200 (Uniform Administrative Requirements).
KidWorks Community Development Corporation will comply with 2 CFR part 200 (Uniform Administrative Requirements). The organization has
established policies and procedures on financial oversight that safeguards organizational assets and ensures financial stability. The CFO is responsible for
ensuring the tracking and reporting of the organization's finances and financial health to the Board of Directors and the Board is responsible for approving
the audit and financial statements as well as determining the long-term strategic direction of the organization in relation to its financial standing.
KidWorks' accounting and internal controls are compliant with federal requirements organization -wide and appropriate for an organization of the
KidWorks' size and complexity. Generally Accepted Accounting Principles (GAAP) accounting standards, conventions, and rules for recording and
summarizing accounts are universally applied, such as recording all revenue and expenses within the correct accounting. The standards are supported by
the organization's accounting system software and all finance department staff are required to utilize GAAP standards. Annual independent audits
consistently report that KidWorks is in compliance with GAAP standards.
Expenses that can be identified with a specific program or support service are charged directly to that program or support service. Costs common to
multiple functions have been allocated among the various functions benefited using a reasonable allocation method that is consistently applied. For
example, salaries and wages, benefits, and payroll taxes are charged directly to the program for which work has been done as documented with electronic
timesheets. Program support staff salaries and appropriate pooled costs are allocated in accordance with procedure and methodology as based on an
established percentage of time based on job duties.
Finance reports are an integral part of Board meetings, with in-depth analysis conducted on a quarterly and annual basis. Finance reports keep the Board
apprised on the organization's revenues and expenses. Established financial accounting and control systems allow the Board to make informed decisions
and to identify performance projection changes early so that management can immediately initiate a corrective course of action to address any shortfalls.
KidWorks arranges an annual audit of the organization's financial statements. KidWorks has historically received unqualified audit opinions from its
independent auditors. Annual audits consistently conclude that sound fiscal practices are in place and KidWorks follows proper accounting procedure.
22
II:
FEE PAYMENT SCHEDULE
23
Exhibit B
FISCAL YEAR 2022-2023
PROPOSED PROGRAM BUDGET
Organization Name KidWorks Community Development Corporation
Program Name After School Program
Term: July 1, 2022 to June 30, 2023
EXPENDITURES
Enter budget categories and projected expenditures:
Category
Expenditures
Funded By
Santa Ana
REVIVE Funds
Expenditures
Funded By
Other Sources
Program
Budget
Total
Organization
Budget
Administrative Staff Salaries
$0
$0
Program Staff Salaries
$125,000
S 651,949
$776,949
$ 3.167,432
Contractual Services
$0
$0
Other-
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$o
$0
$o
TOTAL
$125,000
$651,9491
$776,9491
$3,167,432
PROGRAM RESOURCES
LIST ALL OTHER PROGRAM RESOURCES FOR 2022-2023
Funding Source Total must equal Program Budget Total listed above.
FUNDING SOURCE
AMOUNT
Santa Ana REVIVE
$
125,000
Grant Funders/Partners
$
302,500.00
Individual Donors/Partners
$
148,000.00
Special Event Donors/Partners
$
201,449.00
TOTAL
$
776,949
24
Exhibit B
2022-2023 REVIVE BUDGET LINE ITEMS
ADMINISTRATIVE STAFF
Position Title Annual Salary & Benefits REVIVE Funds Description
PROGRAM STAFF
Position Title
Annual Salary & Benefits
REVIVE Funds
Description
Director of After School
Programs
$ 35,000
$ 35,000
Oversight of programming across
all sites
Site Director
$ 35,000
$ 35,000
Leads program at single site
2 Program Leaders
$ 55,000
$ 55,000
Leads multiple student cohorts
CONTRACTUAL/PROFESSIONAL SERVICES
Type of Service Contract Amount REVIVE Funds Description
OTHER LINE ITEMS
Line Item Program Amount REVIVE Funds Description
Attachment 1(b)
25
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.
II. 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.
26
IV. FEDERAL AWARD IDENTIFICATION
FAIN INFORMATION
A.
CONTRACTOR Name:
KIDWORKS COMMUNITY DEVELOPMENT
CORPORATION
B.
CONTRACTOR'S Unique
144306904
Identifier (D-U-N-S):
Federal Award
C.
Identification Number
SLFRP1059
(FAIN):
D.
Federal Award Date:
5/19/2021
E.
Subaward Period of
7/l/2022-6/30/2023
Performance:
Total Amount of Federal
F.
Funds Obligated by the
$125,000
Action:
Total Amount of Federal
G.
Funds Obligated to the
$125,000
CONTRACTOR:
H.
Total Amount of the
$64,180,406.50
Federal Award:
Federal Award Project
American Rescue Plan Act (ARPA)
I.
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:
kridbe(ii santa-ana.or-y
M.
CFDA Number:
21.027
CFDA Name:
Coronavirus State and Local Fiscal Recovery Funds
N.
Whether Award is R&D:
No
O.
Indirect Cost Rate for the
de minimus or federally negotiated rate
Federal Award:
27
EXHIBIT D
DEBARMENT
Certification Regarding
Debarment, Suspension, Ineligibility and Voluntary Exclusion
Lower Tier Covered Transactions
This certification is required by the regulations implementing Executive Order 12549, Debarment and
Suspension, 29 CFR Part 98, Section 98.510, Participants' responsibilities. The regulations were
published as Part VII of the May 26,1988 Federal Rester (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 debannent,
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.
David Benavides. Executive Director/CEO
Name and Title of Authorized Representative
Date
INSTRUCTIONS FOR CERTIFICATION
1. By signing and submitting this proposal, the prospective recipient of federal assistance funds
is providing the certification as set out below.
2. The certification in this clause is a material representation of fact upon which reliance was
placed when this transaction was entered into. If it is later determined that the prospective
recipient of federal assistance funds knowingly rendered an erroneous certification, in
addition to other remedies available to the Federal Government, the Department of Labor
(DOL) may pursue available remedies, including suspension and/or debarment.
3. The prospective recipient of federal assistance funds shall provide immediate 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 lciowingly 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.
7. 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 Prog[ams.
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.
29
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.
30
EXHIBIT E
LOBBYING
Certification Regarding Lobbying
Certification for Contracts. Grants, Loans, and Cooperative Agreements
The undersigned certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee of
any agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with the awarding of any Federal contract, the making of any
cooperative agreement, and the extension, continuation, renewal, amendment, or modification of
any Federal contact, grant, loan or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person
for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall
complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance
with its instructions.
(3) The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontract, subgrants, and contracts under
grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose
accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making
or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who
fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and
not more than $100,000 for each such failure.
KidWorks Community Develo ment Co oration After School Program
Grantee/Contactor Organization Program Title
David Benavides }� �1 3/16/22
Name of Certifying Officer Signature Date
31
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.
32
EXHIBIT F
DRUG -FREE WORKPLACE
Certification Regarding Drub 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;
33
(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, Claw 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).
B. The contractor shall insert in the space provided on the attached "Place of Performance"
form the site(s) for the performance of work to be carried out with the grant funds
(including street address, city, county, state, and zip code) .the contractor further certifies
that, if it is subsequently determined that additional sites will be used for the performance
of work under the contract, it shall notify the U.S. Department of Housing and Urban
Development immediately upon the decision to use such additional sites by submitting a
revised "Place of Performance" form.
KidWorks Community Development Co3poratio_n _
`Organization
3/16/22 _
Authorized Signature Date
34
PLACE OF PERFORMANCE
FOR CERTIFICATION REGARDING DRUG -FREE
WORKPLACE REQUIREMENTS
Name: KidWorks Community Development Co oration
Date: March 16. 2022
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):
1 KidWorks Dan Donahue Center at 1902 W. Chestnut Avenue Santa Ana. California
2) KidWorks Center on Townsend at 817 S. Townsend Street, Santa Ana. California
3 KidWorks Cedar Evempreen at 1721 Ever een Street A artment B. Santa Ana. California
35
DocuSign Envelope ID: 098D4B61-B495-429F-BABC-OAF46D368454
AGREEMENT BETWEEN THE CITY OF SANTA ANA AND
LATINO HEALTH ACCESS FOR USE OF
AMERICAN RESCUE PLAN ACT (ARPA) FUNDS
This Agreement is hereby made and entered into this 3rd day of May, 2022, by and
between the City of Santa Ana, a charter city and municipal corporation organized and existing
under the Constitution and laws of the State of California ("CITY"), and Latino Health Access, a
California domestic nonprofit corporation ("SUBRECIPIENT" or "CONTRACTOR").
RECITALS:
A. The American Rescue Plan Act ("ARPA") was signed into law in March 2021. ARPA
provides funding for a number of different programs, including the Coronavirus State and
Local Fiscal Recovery Fund ("SLFRF"), to provide monetary support to local governments
to respond to, mitigate, and recover from the COVID-19 public health emergency.
B. On July 20, 2021, the Santa Ana City Council authorized the City Manager to utilize ARPA
SLFRF funding from the United States Department of Treasury for the Revive Santa Ana
Spending Plan, which includes five spending categories: recovery from the pandemic, direct
assistance programs, public health and safety, critical infrastructure, and city fiscal health.
C. SUBRECIPIENT has been selected by the CITY to receive ARPA SLFRF Funds in order to
provide youth programs, including: early childhood support; head start; day care; after school
tutoring; athletic; and, youth violence prevention, in accordance with the Scope of Work
attached hereto as Exhibit A and incorporated herein by reference ("said program").
SUBRECIPIENT represents that it is qualified and willing to operate said program and
certifies that the administration of said program carried out with funds provided under this
Agreement will meet ARPA's objectives to respond to, mitigate, and recover from this
historic COVID-19 public health crisis.
D. SUBRECIPIENT agrees that it will adhere to the tasks and services as indicated in Exhibit A
for said program. Failure to follow the requirements and meet the stated expectations may
constitute breach of contract that could result in termination of this Agreement or serve as
reason for the CITY to recapture the grant funds awarded to SUBRECIPIENT pursuant to
this Agreement.
WHEREFORE, it is agreed by and between the parties that the foregoing Recitals are a
substantive part of this Agreement and the following terms and conditions are approved and together
with all exhibits and attachments hereto, shall constitute the entire Agreement between the CITY and
SUBRECIPIENT:
I. ARPA PROGRAM PROVISIONS
A. Scope of Work. SUBRECIPIENT shall be responsible for the specific tasks and
services of said program, and agrees to administer said program in compliance with the tasks and
services as described in the Scope of Work attached hereto as Exhibit A. SUBRECIPIENT's failure
DocuSign Envelope ID: 098D4B61-B495-429F-BABC-OAF46D368454
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. Term of Agreement. The term of said Agreement shall
commence on July 1st, 2022, and continue through June 30, 2023 ("Term"), unless terminated
earlier pursuant to the terms of this Agreement. This Agreement shall also cover any and all
services provided by the SUBRECIPIENT to the CITY since the date the ARPA SURF Funds
were awarded to the CITY. Additionally, the Term of this Agreement may be extended by a
writing executed by the City Manager, or designee, and the City Attorney.
C. Amount of Grant Fundin;. The total amount of funds provided for said program
shall not exceed One Hundred Twenty -Five Thousand Dollars and Zero Cents ($125,000) ("ARPA
SURF Funds") during the Term of the Agreement. SUBRECIPIENT agrees to use said ARPA
SURF Funds to administer said program as outlined in Exhibit A.
D. Disbursement of Funds. Said ARPA SURF Funds shall be disbursed by CITY to
SUBRECIPIENT pursuant to the terms found in the Fee Payment Schedule attached hereto as
Exhibit B, with payments subject to the submittal of invoices and other reporting requirements,
as hereinafter more fully set forth. SUBRECIPIENT shall be obligated to perform such duties as
would normally extend beyond the term, including, but not limited to, obligations with respect to
indemnification, audits, reporting, data retention/reporting, and accounting. Failure to provide any
of the required documentation and reporting will cause CITY to withhold all or a portion of a
request for ARPA SURF Funds, or return the entire request to SUBRECIPIENT, until such
documentation and reporting has been received and approved by CITY.
(1) Reduction in ARPA 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 SUBRECIPIENT's rate of
expenditure will result in unspent funds at the end of the program term. Amendments in the grant
allocation will be made after consultation with SUBRECIPIENT.
(3) Reversion of Assets. SUBRECIPIENT agrees that any and all funds received
under this Agreement shall be utilized during the Term of this Agreement, and that any and all funds
remaining as of the end of the Term, which have not been utilized, shall be returned by
SUBRECIPIENT to the CITY within thirty (30) days of the expiration or earlier termination of the
Agreement. No expense of SUBRECIPIENT will be reimbursed by CITY if incurred after the end
of the Term of the Agreement.
2
DocuSign Envelope ID: 098D4B61-B495-429F-BABC-OAF46D368454
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.
DocuSign Envelope ID: 098D4B61-B495-429F-BABC-OAF46D368454
G. Audit.
(1) SUBRECIPIENT shall maintain complete and accurate records and supporting
documentation to facilitate financial and/or program audits by CITY. This requirement shall apply
to any records and documentation CITY shall reasonably require or as required to be maintained
pursuant to the ARPA regulations.
(2) The books and accounts, files, and other records of SUBRECIPIENT, which are
applicable to this Agreement, shall be available for inspection, review, and audit during normal
business hours by CITY to determine the proper application and use of all ARPA SLFRF Funds
provided to or for the account or benefit of SUBRECIPIENT.
(3) SUBRECIPIENT assumes responsibility for reimbursement to CITY a sum of
money equivalent to the amount of any expenditures disallowed should the CITY, or an authorized
agency, rule through audit, exception, or some other appropriate means, that expenditures from funds
allocated to SUBRECIPIENT for direct and/or administrative costs were not made in compliance
with the applicable cost principles, regulations, or the provisions of this Agreement.
(4) SUBRECIPIENT agrees to comply with the requirements of OMB Uniform
Guidance 2 CFR Part 200. SUBRECIPIENT further agrees to provide CITY with a copy of
completed independent auditors' report within thirty (30) days of CITY's request for such report. If
the report contains instances of non-compliance with federal laws and regulations that bear directly
on the performance or administration of this Agreement, SUBRECIPIENT shall provide CITY copies
of responses to auditors' reports, a plan for corrective action, and auditors' response that the
noncompliance has been resolved. All reports prepared in accord with the requirements of OMB
Uniform Guidance 2 CFR Part 200 shall be available for inspection by representatives of CITY or the
federal government during normal business hours.
(5) All accounting records, reports, and evidence pertaining to all costs, expenses
and the ARPA SLFRF Funds of SUBRECIPIENT and all documents related to this Agreement
shall be maintained and kept available at SUBRECIPIENT'S office or place of business for the
duration of the Agreement and thereafter for five (5) years from the date of final payment under
this Agreement. Records which relate to: (a) complaints, claims, administrative proceedings or
litigation arising out of the performance of this Agreement; or, (b) costs and expenses of this
Agreement to which CITY or any other governmental agency takes exception, shall be retained
beyond the five (5) years until complete resolution or disposition of such appeals, litigation claims,
or exceptions. In the event SUBRECIPIENT does not make the above -referenced documents
available within the City of Santa Ana, California, SUBRECIPIENT agrees to pay all necessary and
reasonable expenses incurred by CITY in conducting any audit at the location where said records and
books of account are maintained.
H. 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
M
DocuSign Envelope ID: 098D4B61-B495-429F-BABC-OAF46D368454
the CITY or to third parties. SUBRECIPIENT agrees not to release or circulate in whole or part
such materials, reports, or products without prior written authorization of the CITY.
I. Close -Out. SUBRECIPIENT agrees to comply with the closeout procedures
detailed in 2 CFR §200.343, including the following:
(1) SUBRECIPIENT must submit, no later than ninety (90) calendar days after the
end date of the period of performance, all financial, performance, and other reports as required by
the terms and conditions of this Agreement;
(2) SUBRECIPIENT must promptly refund any balances of unobligated cash that
the CITY paid in advance or paid and that is not authorized to be retained by SUBRECIPIENT for
use in other projects (See OMB Circular A-129 and 2 CFR §200.345); and,
(3) CITY should complete all closeout actions for the Federal award no later than
one year after receipt and acceptance of all required final reports.
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; (ii) it has
carefully considered how the services should be performed; and, (iii) it fully understands the
facilities, difficulties and restrictions attending performance of the services under this Agreement.
(4) No Conflict. To the best of SUBRECIPIENT'S knowledge,
SUBRECIPIENT'S execution, delivery and performance of its obligations under this Agreement
will not constitute a default or a breach under any contract, agreement or order to which
SUBRECIPIENT is a party or by which it is bound.
(5) No Bankruptcy. SUBRECIPIENT is not the subject of any current or
threatened bankruptcy proceeding.
5
DocuSign Envelope ID: 098D4B61-B495-429F-BABC-OAF46D368454
(6) No Pending Legal Proceedings. SUBRECIPIENT is not the subject of a
current or threatened litigation that would or may materially affect SUBRECIPIENT'S
performance under this Agreement.
(7) Proposal Veracity. All provisions of and information provided in
SUBRECIPIENT's proposal submitted to CITY, including any exhibits, are true and correct in all
material respects.
(8) No Pending Investigation. SUBRECIPIENT has no knowledge that it is the
subject of any current or threatened criminal or civil action investigation by any public agency,
including without limitation a police agency or prosecuting authority, which would relate to or
affect performance of the Agreement or provision of services hereunder.
B. Licensing. SUBRECIPIENT agrees to obtain and maintain all required licenses,
registrations, accreditation and inspections from all agencies governing its operations.
SUBRECIPIENT shall ensure that its staff shall also obtain and maintain all required licenses,
registrations, accreditation and inspections from all agencies governing SUBRECIPIENT's
operations hereunder. Such licensing requirements include obtaining a City business license, as
applicable.
C. Zoning. SUBRECIPIENT agrees that any facility/property used in furtherance of said
program shall be specifically zoned and permitted for such use(s) and activities. Should
SUBRECIPIENT fail to have the required land entitlement and/or permits, thus violating any local,
state or federal rules and regulations relating thereto, SUBRECIPIENT shall immediately make good -
faith efforts to gain compliance with local, state or federal rules and regulations following written
notification of said violation(s) from the CITY or other authorized citing agency. SUBRECIPIENT
shall notify CITY immediately of any pending violations. Failure to notify CITY of pending
violations, or to remedy such known violation(s) shall result in termination of grant funding
hereunder. SUBRECIPIENT must make all corrections required to bring the facility/property into
compliance with the law within sixty (60) days of notification of the violation(s); failure to gain
compliance within such time shall result in termination of grant funding hereunder.
D. Separation of Accounts. All funds received by SUBRECIPIENT from CITY pursuant
to this Agreement shall be maintained in an account in a federally insured banking or savings and
loan institution with record keeping of such accounts maintained pursuant to applicable 2 CFR
200.302 requirements. SUBRECIPIENT is not required to maintain separate depository accounts for
ARPA SLFRF Funds; provided however, the SUBRECIPIENT must be able to account for receipt,
obligation, distribution and expenditure of ARPA SLFRF Funds pursuant to applicable 2 CFR
200.302 requirements.
E. Audit Report Requirements. SUBRECIPIENT agrees that if SUBRECIPIENT
expends Seven Hundred Fifty Thousand Dollars ($750,000) or more in federal funds,
SUBRECIPIENT shall have an annual audit conducted by a certified public accountant in accordance
with the standards as set forth and published by the United States Office of Management and Budget.
SUBRECIPIENT shall provide CITY with a copy of said audit by April 1 of the year following the
program year in which this Agreement is executed.
2
DocuSign Envelope ID: 098D4B61-B495-429F-BABC-OAF46D368454
F. Compliance with Law/Program Income. SUBRECIPIENT acknowledges that the
funds being provided by CITY for said program are received by CITY pursuant to ARPA, and that
distribution and expenditure of these ARPA SURF Funds shall be in accordance with ARPA and all
pertinent regulations issued by agencies of the federal government, including, but not limited to, all
regulations found at Title 24 of the Code of Federal Regulations. Any program income received by
SUBRECIPIENT shall be returned to CITY, unless otherwise provided for in this Agreement.
SUBRECIPIENT agrees to comply fully with all federal, state and local laws and court orders
applicable to its operation and administration of said program, whether or not referred to in this
Agreement.
G. Debarment. To protect the public interest and ensure the integrity of Federal
programs, CITY may only conduct business with responsible persons and may not make any award
or permit any award to any party which is debarred or suspended or is otherwise excluded from or
ineligible for participation in Federal assistance programs under Executive Order 12549,
"Debarment and Suspension". See also 24 CFR 570.609. SUBRECIPIENT must review and sign
Exhibit D "Debarment", which is attached hereto and incorporated herein by this reference.
SUBRECIPIENT shall be in good standing, without suspension by the California Secretary of State,
Franchise Tax Board or Internal Revenue Service. Any change in the corporate status or suspension
of SUBRECIPIENT shall be reported immediately to CITY.
H. Confidentiality. Without prejudice to any other provisions of this Agreement,
SUBRECIPIENT shall, where applicable, maintain the confidential nature of information provided
to it concerning participants in accordance with the requirements of federal and state law. However,
SUBRECIPIENT shall submit to CITY or its representatives, all records requested, including audit,
examinations, monitoring and verifications of reports submitted by SUBRECIPIENT, costs incurred
and services rendered hereunder.
I. Independent Contractor. SUBRECIPIENT agrees that the performance of obligations
hereunder is rendered in its capacity as an independent contractor and that it is in no way an agent of
CITY.
J. Violation of Terms and Conditions. SUBRECIPIENT agrees that if SUBRECIPIENT
violates any of the terms and conditions of this Agreement or any prior Agreement whereby ARPA
SURF Funds were received by SUBRECIPIENT, or if SUBRECIPIENT reports inaccurately, or if
on audit there is a disallowance of certain expenditures, SUBRECIPIENT agrees to remedy the acts
or omissions causing the disallowance and repay CITY all amounts spent in violation thereof. If
SUBRECIPIENT engaged in fraudulent activity to obtain and/or justify distribution or expenditure
of the ARPA SURF Funds granted hereunder, SU 3RECIPIENT shall be required to reimburse the
CITY of all such funds that were obtained, distributed and/or spent under fraudulent circumstances.
K. Fraud. SUBRECIPIENT shall immediately report all suspected or known instances
and facts concerning possible fraud, abuse or criminal activity related to said program for the ARPA
SURF Funds under this Agreement.
7
DocuSign Envelope ID: 098D4B61-B495-429F-BABC-OAF46D368454
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 federal law (31 U.S.C.
1352) and regulations found at 24 CFR Part 87, which provide that no appropriated funds may be
expended by the recipient of a federal contract, grant, loan or cooperative agreement to pay any person
for influencing or attempting to influence an officer or employee of any agency, Member of Congress,
or an officer or employee of a Member of Congress in connection with awarding of any federal
contract, the making of any federal grant or loan, entering into any cooperative agreement and the
extension, renewal, amendment or modification of any federal contract, grant, loan or cooperative
agreement. SUBRECIPIENT shall sign a certification to that effect in a form as set forth in Exhibit
E, attached hereto and by this reference incorporated herein. SUBRECIPIENT shall submit said
signed certification to CITY prior to performing any of its obligations under this Agreement and prior
to any obligation arising on the part of CITY to pay any sums to SUBRECIPIENT under the terms
and conditions of this Agreement.
If any funds other than Federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any agency, a Member
of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall
complete and submit a "Disclosure Form to Report Lobbying," in accordance with its instructions
(Exhibit E).
N. Financial Interest. SUBRECIPIENT agrees that except for the use of administrative
fees to pay salaries and other related administrative or personnel costs, no persons who exercise or
have exercised any function with respect to administering said program under the 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.
DocuSign Envelope ID: 098D4B61-B495-429F-BABC-OAF46D368454
P. Equal Employment Opportunities. SUBRECIPIENT shall make every effort to
ensure that all projects funded wholly or in part by ARPA SURF Funds shall provide equal
employment opportunities for minorities and women.
Q. Women and Minority -Owned Businesses (W/MBE). SUBRECIPIENT will use its
best efforts to afford small businesses, minority business enterprises, and women's business
enterprises the maximum practicable opportunity to participate in the performance of this
Agreement in accordance with the requirements of 2 CFR 200.321 "Contracting with small and
minority businesses, women's business enterprises, and labor surplus area firms". As used in this
Agreement, the term "small business" means a business that meets the criteria set forth in section
3(a) of the Small Business Act, as amended (15 U.S.C. 632), and "minority and women's business
enterprise" means a business at least fifty-one percent (51 %) owned and controlled by minority
group members or women. For the purpose of this definition, "minority group members" are
African -Americans, Spanish-speaking, Spanish surnamed or Spanish -heritage Americans, Asian -
Americans, and American Indians. SUBRECIPIENT may rely on written representations by
businesses regarding their status as minority and female business enterprises in lieu of an
independent investigation.
R. Drug Free Workplace. SUBRECIPIENT agrees to provide a drug -free workplace and
to execute a certification as set forth in Exhibit F attached hereto and incorporated herein by this
reference.
S. Uniform Administrative Requirements, Cost Principles, and Audit Requirements
for Federal Awards. The following requirements and standards must be complied with: 2 CFR
Part 200 et al. SUBRECIPIENT shall procure all materials, property, or services in accordance
with the requirements of 2 CFR 200.318-326.
III. CITY'S OBLIGATIONS
A. Audit of Account. CITY shall include an audit of the account maintained by
SUBRECIPIENT in CITY's audit of all ARPA SURF 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
0
DocuSign Envelope ID: 098D4B61-B495-429F-BABC-OAF46D368454
performed its obligations as stated in this contract in a satisfactory manner, or if the CITY
determines that insufficient supporting information has been submitted, the CITY shall notify the
SUBRECIPIENT in writing of its determination specifying in full detail the objections that it has
to the SUBRECIPIENT's performance. If action to correct such substandard performance is not
taken by the SUBRECIPIENT after being notified by the CITY, within a reasonable period of time
as stipulated in the written notification, contract suspension or termination procedures will be
initiated.
IV. GENERAL PROVISIONS
A. Non -Discrimination.
1. SUBRECIPIENT agrees to comply with Executive Order 11246, which requires
that during the performance of this Agreement, SUBRECIPIENT agrees not to discriminate against
any employee or applicant for employment because of race, religion, sex, color or national origin.
Such action shall include, but not be limited to the following: employment, upgrading, demotion, or
transfer, rates of pay or other forms of compensation, and selection for training, including
apprenticeship. SUBRECIPIENT agrees to post in conspicuous places, available to employees and
applicants for employment, notices to be provided by the SUBRECIPIENT setting forth the
provisions of this nondiscrimination clause.
2. SUBRECIPIENT agrees to comply with Title VI of the Civil Rights Act of 1964,
which indicates that no person shall, on the ground of race, color or national origin, be excluded from
participation in, be denied the benefits of, or be subject to discrimination under any program of activity
receiving federal financial assistance.
3. No person shall, on the grounds of race, sex, creed, color, religion, marital status,
national origin, age, sexual orientation, or physical or mental handicap be excluded from participation
in, be refused the benefits of, or otherwise be subject to discrimination in any activities, programs or
employment supported by this Agreement. SUBRECIPIENT is prohibited from discrimination on
the basis of age or with respect to an otherwise qualified handicapped person as provided for under
Section 109 of the Housing and Community Development Act of 1974, as amended.
4. SUBRECIPIENT agrees to comply with the Age Discrimination Act of 1975,
which requires that during the performance of this Agreement, SUBRECIPIENT agrees not to
discriminate against any employee or applicant for employment because of age. Such action shall
include, but not be limited to the following: employment upgrading, demotion, or transfer, rates of
pay or other forms of compensation, and selection for training, including apprenticeship.
SUBRECIPIENT agrees to post in conspicuous places, available to employees and applicants for
employment, notices to be provided by the SUBRECIPIENT setting forth the provisions of this age
discrimination clause.
5. SUBRECIPIENT agrees to comply with Section 504 of the Rehabilitation Act of
1973, which requires that no otherwise qualified individual with a disability in the United States, shall,
solely by reason of his or her disability, be excluded from the participation in, be denied the benefits
of, or be subjected to discrimination under any program or activity receiving federal financial
10
DocuSign Envelope ID: 098D4B61-B495-429F-BABC-OAF46D368454
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
11
DocuSign Envelope ID: 098D4B61-B495-429F-BABC-OAF46D368454
section, the term "immediate family" means spouse, child, mother, father, brother, sister, brother-in-
law, sister-in-law, father-in-law, mother-in-law, son-in-law, daughter-in-law, aunt, uncle, niece,
nephew, stepparent and stepchild. The term "administrative capacity" means having selection, hiring,
supervisor or management responsibilities.
E. Notices. Notices to the parties shall, unless otherwise requested in writing, be sent by
U.S. Mail, postage prepaid, and addressed as follows:
TO CITY: City of Santa Ana
Lisa Rudloff
Executive Director
Parks, Recreation and Community Services Agency
20 Civic Center Plaza
P.O. Box 1988
Santa Ana, California 92702-1988
TO SUBRECIPIENT:
Latino Health Access
America Bracho
Chief Executive Officer
450 W 0' St, Ste 130
Santa Ana, CA 92701-4562
F. Assi ng ability. None of the duties of, or work to be performed by, SUBRECIPIENT
under this Agreement shall be subcontracted or assigned to any agency, consultant, or person
without the prior written consent of CITY. SUBRECIPIENT must submit all subcontracts and
other agreements that relate to this Agreement to CITY. No subcontract or assignment shall
terminate or alter the legal obligations of SUBRECIPIENT pursuant to this Agreement.
G. Indemnification/Hold Harmless. SUBRECIPIENT shall indemnify, defend and save
harmless CITY, its officers, employees, agents, representatives and volunteers from and against any
and all damages to or for loss of use of property and for injuries to or death of any person or persons,
including property and employees or agents of CITY, and shall defend, indemnify and save harmless
CITY, its officers, employees, agents, representatives and volunteers from and against any and all
claims, demands, suits, actions or proceedings of any kind or nature, including, but not by way of
limitation, workers compensation claims and including attorney fees and reasonable expenses for
litigation or settlement, resulting from or arising out of the negligent or wrongful acts, errors or
omissions of SUBRECIPIENT, its officers, directors, employees, agents, subcontractors and
suppliers arising out of SUBRECIPIENT's performance of this Agreement.
H. Insurance.
Contractor shall procure and maintain for the duration of the contract insurance against
claims for injuries to persons or damages to property which may arise from or in connection with
12
DocuSign Envelope ID: 098D4B61-B495-429F-BABC-OAF46D368454
the performance of the work hereunder and the results of that work by the Contractor, its agents,
representatives, employees, or subcontractors.
a. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad
as:
Commercial General Liability (CGL): Insurance Services Office Form CG 00
01 covering CGL on an "occurrence" basis, including products and completed
operations, property damage, bodily injury and personal & advertising injury
with limits no less than $2,000,000 per occurrence. If a general aggregate limit
applies, either the general aggregate limit shall apply separately to this
project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be
twice the required occurrence limit.
2. Automobile Liability: Insurance Services Office Form Number CA 0001
covering, Code 1 (any auto), or if Contractor has no owned autos, Code 8 (hired)
and 9 (non -owned), with limit no less than $1,000,000 (if program services
includes transportation of youth, the limit shall be no less than $5,000,000) per
accident for bodily injury and property damage. (Not required if an automobile
is not required to fulfill services.)
3. Workers' Compensation: insurance as required by the State of California, with
Statutory Limits, and Employer's Liability Insurance with limit of no less than
$1,000,000 per accident for bodily injury or disease.
4. Sexual Abuse or Molestation (SAM) Liability: If the CGL policy referenced
above is not endorsed to include affirmative coverage for sexual abuse or
molestation, Contractor shall obtain and maintain a policy covering Sexual
Abuse and Molestation with a limit no less than $1,000,000 per occurrence or
claim.
5. If the Contractor maintains broader coverage and/or higher limits than the
minimums shown above, the City requires and shall be entitled to the broader
coverage and/or the higher limits maintained by the Contractor. Any available
insurance proceeds in excess of the specified minimum limits of insurance and
coverage shall be available to the City.
b. Other Insurance Provisions — The insurance policies are to contain, or be endorsed to
contain, the following provisions:
Additional Insured Status: The City, its officers, officials, employees, and
volunteers are to be covered as additional insureds on the CGL policy with
respect to liability arising out of work or operations performed by or on behalf
of the Contractor including materials, parts, or equipment furnished in
connection with such work or operations. General liability coverage can be
provided in the form of an endorsement to the Contractor's insurance (at least
as broad as ISO Form CG 20 10 11 85 or if not available, through the addition
of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if a
later edition is used).
13
DocuSign Envelope ID: 098D4B61-B495-429F-BABC-OAF46D368454
2. Primary Coverage: For any claims related to this contract, the Contractor's
insurance coverage shall be primary coverage at least as broad as ISO CG 20
0104 13 as respects the City, its officers, officials, employees, and volunteers.
Any insurance or self-insurance maintained by the City, its officers, officials,
employees, or volunteers shall be excess of the Contractor's insurance and shall
not contribute with it.
3. Notice of Cancellation: Each insurance policy required above shall state that
coverage shall not be canceled, except with notice to the City.
4. Waiver of Subrogation: Contractor hereby grants to City a waiver of any right
to subrogation which any insurer of said Contractor may acquire against the
City by virtue of the payment of any loss under such insurance. Contractor
agrees to obtain any endorsement that may be necessary to affect this waiver of
subrogation, but this provision applies regardless of whether or not the City has
received a waiver of subrogation endorsement from the insurer.
5. Self -Insured Retentions: Self -insured retentions must be declared to and
approved by the City. The City may require the Contractor to purchase coverage
with a lower retention or provide proof of ability to pay losses and related
investigations, claim administration, and defense expenses within the retention.
The policy language shall provide, or be endorsed to provide, that the self -
insured retention may be satisfied by either the named insured or City.
6. Acceptability of Insurers: Insurance is to be placed with insurers authorized to
conduct business in the state with a current A.M. Best's rating of no less than
A:VII, unless otherwise acceptable to the City.
7. Claims Made Policies: If any of the required policies provide coverage on a
claims -made basis:
1. The Retroactive Date must be shown and must be before the date of the
contract or the beginning of contract work.
2. Insurance must be maintained and evidence of insurance must be
provided for at least five (5) years after completion of the contract of
work.
3. If coverage is canceled or non -renewed, and not replaced with another
claims -made policy form with a Retroactive Date prior to the contract
effective date, the Contractor must purchase "extended reporting"
coverage for a minimum of five (5) years after completion of contract
work.
8. Verification of Coverage: Contractor shall furnish the City with original
Certificates of Insurance including all required amendatory endorsements (or
copies of the applicable policy language effecting coverage required by this
clause) and a copy of the Declarations and Endorsement Page of the CGL policy
listing all policy endorsements to City before work begins. However, failure to
obtain the required documents prior to the work beginning shall not waive the
Contractor's obligation to provide them. City reserves the right to require
14
DocuSign Envelope ID: 098D4B61-B495-429F-BABC-OAF46D368454
complete, certified copies of all required insurance policies, including
endorsements required by these specifications, at any time.
9. Special Risks or Circumstances: City reserves the right to modify these
requirements, including limits, based on the nature of the risk, prior experience,
insurer, coverage, or other special circumstances.
I. Termination.
1. This Agreement may be terminated on thirty (30) days' written notice by either
party. In the event of such termination, SUBRECIPIENT shall only be entitled to reimbursement for
approved expenses incurred to the effective date of termination.
2. This Agreement may be suspended or terminated by CITY upon five (5) days'
written notice for violation by SUBRECIPIENT of Federal Laws governing the use of ARPA SURF
Funds. 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
15
DocuSign Envelope ID: 098D4B61-B495-429F-BABC-OAF46D368454
and prior to any adjudication of SUBRECIPIENT's rights, any and all funds not used, and to comply
with the Reversion of Assets requirements in this Agreement.
J. Limitation of Funds. The United States of America may in the future place
programmatic or fiscal limitations on the use of ARPA SLFRF Funds, which limitations are not
presently anticipated. Accordingly, CITY reserves the right to revise this Agreement in order to take
account of actions affecting ARPA program funding. In the event of funding reduction, CITY may,
in its sole and absolute discretion, reduce the budget of this Agreement, may limit the rate of
SUBRECIPIENT's authority to utilize funds, or may restrict SUBRECIPIENT's use of uncommitted
funds. Where CITY has been directed to implement a reduction in funding, with respect to funding
for this Agreement, CITY's City Manager or delegate is authorized to act for CITY in implementing
and effecting such a reduction and in revising, modifying, or amending the Agreement for such
purposes. If such a reduction in funding occurs, SUBRECIPIENT shall be permitted to de -scope
accordingly. Where CITY has reasonable grounds to question SUBRECIPIENT's fiscal
accountability or compliance with this Agreement, CITY may suspend the operation of this
Agreement for up to sixty (60) days upon five (5) days written notice to SUBRECIPIENT of its
intention to so act, pending an audit or other resolution of such questions. In no event, however, shall
any revisions made by CITY affect expenditures and legally binding commitments made by
SUBRECIPIENT before it received notice of such revision, provided that such amounts have been
committed in good faith and are otherwise allowable and that such commitments are consistent with
ARPA SLFRF Funds withdrawal guidelines.
K. Exclusivity and Amendment of Agreement. This Agreement supersedes any and all
other agreements, either oral or in writing, between the parties hereto with respect to the use of CITY's
ARPA SLFRF Funds by SUBRECIPIENT and contains all the covenants and agreements between
the parties with respect to SUBRECIPIIENT's administration of said program. Each party to this
Agreement acknowledges that no representations, inducements, promises or agreements, orally or
otherwise, have been made by any party, or anyone acting on behalf of any party, which are not
embodied herein, and that no other agreement or amendment hereto shall be effective unless executed
in writing and signed by both CITY and SUBRECIPIENT.
L. Laws Governingthis his 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
16
DocuSign Envelope ID: 098D4B61-B495-429F-BABC-OAF46D368454
performed by the other shall not be construed to be a waiver of any succeeding breach thereof or
of any other covenant, condition or agreement herein contained.
O. Federal Award Identification Information. SUBRECIPIENT's pertinent Federal
Award Identification Information, including DUNS Number and Federal Award Identification
Number (FAIN), as well as the applicable information for ARPA, are included in Exhibit C
attached hereto and incorporated herein by this reference.
P. Miscellaneous Provisions.
1. Each undersigned represents and warrants that its signature herein below has the
power, authority and right to bind their respective parties to each of the terms of this Agreement, and
shall indemnify CITY fully, including reasonable costs and attorney's fees, for any injuries or
damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is
withdrawn.
2. All Exhibits and Attachments referenced herein and attached hereto shall be
incorporated as if fully set forth in the body of this Agreement.
3. This Agreement must be signed below and may be signed in counterpart and
delivered by fax, email as a PDF (Portable Document Format) file attachment, or by other means that
displays the original or a copy of the signatures. Any subsequent amendments may be signed and
delivered in the same manner.
{Signatures on following page}
17
DocuSign Envelope ID: 098D4B61-B495-429F-BABC-OAF46D368454
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year
first written above.
ATTEST:
DAISY GOMEZ
Clerk of the Council
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
Deputy City Attorney
RECOMMENDED FOR APPROVAL:
LISA RUDLOFF
Executive Director
Parks, Recreation and Community Services Agency
CITY OF SANTA ANA
KRISTINE RIDGE
City Manager
SUBRECIPIENT:
DocuSigned by:
QuxUnCa �jV'�
3 E 126AB431 D9454...
AMERICA BRACHO
Chief Executive Officer
DUNS #: 938164811
on
DocuSign Envelope ID: 098D4B61-B495-429F-BABC-OAF46D368454
EXHIBIT A
SCOPE OF WORK
19
DocuSign Envelope ID: 098D4B61-B495-429F-BABC-OAF46D368454
Exhibit A
Latino Health Access Children and Youth Engagement for Violence Prevention
RFP 21-116A REVIVE Santa Ana: Youth Programs
SECTION 4: SCOPE OF WORK
In response to the City of Santa Ana's REVIVE: Santa Ana Youth Programs RFP, Latino Health
Access (LHA) proposes its Children and Youth Engagement for Violence Prevention program, a
multi -layered approach to violence prevention that engages youth in interactive, age -appropriate
activities that (1) build emotional wellness, coping strategies and resilience (2) activate youth as
community leaders and enhances their ability to be civically engaged and (3) connects youth to
supportive services and provides navigation support to ensure that youth are able to obtain
preventive and harm -reduction services locally.
Goal: The goal of Latino Health Access' Children and Youth Engagement for Violence
Prevention (CYE) is to reduce youth violence through preventive programming that engages
youth as leaders and provides positive outlets to address mental health, emotional wellness
and their underlying causes.
Objectives
In the 12 -month grant period, Latino Health Access proposes to accomplish the following
objectives:
1.
2. Engage a minimum of 1,200 youth in culturally concordant, age -appropriate "youth
hangouts" or activities that serve as violence prevention and are co -designed with youth
leaders to ensure relevance to our priority populations.
3. Reach 4,000 youth and their families with a youth -led violence prevention multi -media
campaign that addresses topics that include but are not limited to: bullying, interpartner
violence, hate crimes, among other relevant topics that youth identify.
Outcomes
In the 12-month grant period, Latino Health Access expects to accomplish the following
objectives:
1. Increase engagement among a minimum of 75% of youth leaders as evidenced by
participation in planning and/or facilitating of at least two community youth activities.
2. Increased access to violence prevention programming for low-income Santa Ana youth.
3. Increased public awareness of (1) various sources of violence impacting youth (2) root
causes of violence and prevention methods and (3) resources to support violence
prevention and to respond to incidences that may have occurred in the community.
Our programming also leverages LHA's resources and additional programming in mental health
and emotional wellness, chronic disease prevention, and community engagement and advocacy
to support youth development as well as their families to ensure that existing needs are met
through a comprehensive manner.
20
DocuSign Envelope ID: 098D4B61-B495-429F-BABC-OAF46D368454
Exhibit A
Latino Health Access Children and Youth Engagement for Violence Prevention
RFP 21-116A REVIVE Santa Ana: Youth Programs
Activities
Table 1 below outlines the proposed activities that will support our objectives and outcomes.
Activity
Description
Outreach
Latino Health Access will conduct outreach across its partners, including
the Santa Ana Unified School District and its parent centers. LHA has an
active MOU with SAUSD to provide a variety of services, including a
mental health ambassadors program that trains youth to serve as
emotional wellness ambassadors. LHA will activate participants of the
program, as well as parents and teachers to promote CYE activities and
programming. In addition, LHA will leverage its social media platforms
as well as local, trusted sources of information such as a Radio Santa Ana
Public Awareness
Co -designed and co -led with youth, LHA will implement an annual
Campaign
public awareness campaign that aims to address the various types of
violence impacting Santa Ana youth as well as provide resources for
prevention and harm reduction. The campaign will leverage youth's
creativity and talents to leverage multi -media such as TikTok, short
videos, Podcasts, and direct outreach.
Monthly
Using the concept of "holding space" for youth, LHA and the CYE
"Hangouts"
youth will organize structured activities and events to elevate
issues that are important to youth and are critical for violence
prevention and harm -reduction. These can include DJ sets, collective
song -writing, healing circles, workshops, and youth -led chats, among
other activities that are co -designed by youth.
Supportive
Leveraging our promotor model, LHA will provide a range of
Services
supportive services to youth and their families for violence prevention
and harm reduction. These may include but are not limited to: emotional
wellness services, case management, referrals and linkages, individual
and group therapy, connections to food, service navigation, coaching,
among others.
4. Proposal shall include details of the target population
Latino Health Access will prioritize working with Latinx youth in the 92701 Zip Codes through
a neighborhood -based approach, although programming will be open to youth across Santa Ana,
and it is our goal that as youth increase in leadership to co -implement the proposed
programming, they will reach their peers in additional neighborhoods through a peer -engaged
model. The youth in our prioritized neighborhoods live in households, which the U.S. Census
identifies as having family members who are foreign -born (93%) and who have household
incomes of less than $30,000 (88%).
21
DocuSign Envelope ID: 098D4B61-B495-429F-BABC-OAF46D368454
EXHIBIT B
FEE PAYMENT SCHEDULE
22
DocuSign Envelope ID: 098D4B61-B495-429F-BABC-OAF46D368454
Exhibit B
FISCAL YEAR 2022-2023
PROPOSED PROGRAM BUDGET
Organization Name Latino Health Access
Program Name Revive: Santa Ana Youth Programs
Term: July 1, 2022 to June 30, 2023
EXPENDITURES
Enter budget categories and projected expenditures:
Category
Funded By
Funded By
Budget
Organization
Administrative Staff Salaries
$0
$0
Program Staff Salaries
$105,724
$105,724
Contractual Services
$0
$0
Other-
$0
$0
$1,000
$1,000
$ 2, 000
$ 2, 000
$3,000
$3,000
$1,425
$1,425
$500
$500
$11,351
$11,351
TOTAL
$125,000
$0
$125,000
$0
PROGRAM RESOURCES
LIST ALL OTHER PROGRAM RESOURCES FOR 2022-2023
Funding Source Total must equal Program Budget Total listed above.
FUNDING SOURCE AMOUNT
Santa Ana REVIVE $ 125,000
TOTAL $ 125,000
23
DocuSign Envelope ID: 098D4B61-B495-429F-BABC-OAF46D368454
Exhibit B
2022-2023 REVIVE BUDGET LINE ITEMS
ADMINISTRATIVE STAFF
Position Title Annual Salary & Benefits REVIVE Funds Description
PROGRAM STAFF
Position Title
Annual Salary & Benefits
REVIVE Funds
Description
Oversees all LHA programs & ensures compliance
Chief Program Officer
116992.5
5849.625
with contracts
Will provide strategic oversight and direction to
project team, and monitor progress towards
Director of CYE
102214.5
10221.45
objectives
Will oversee day to day implementation of project
Program Coordinator
79407.12
7940.712
activities
Will lead planning and implementation of outreach
Outreach Coordinator
71722.56
7172.256
activities
Senior level promotor - Deliver project outreach &
engagement activities with youth and serve as
Lead Promoter
51230.4
20492.16
guide/coach for other promotores during activities
Deliver project outreach & engagement activities
Promoter
46107.36
46107.36
with youth
Enters data collected by program team into project
evaluation database to track progress towards
Data Entry
46107.36
2305.368
objectives
Provides administrative, logistical, and clerical
Pr -gram Associate
56353.44
5635.344
support toprjectteam
CONTRACTUAL/PROFESSIONAL SERVICES
Type of Service Contract Amount REVIVE Funds I Description
OTHER LINE ITEMS
Line Item
Program Amount
REVIVE Funds
Description
Office Supplies
1000
General supplies (e.g., pens, easel pads, markers,
notebooks, software subscriptions - zoom, hive)
Printing
2000
Printing paper, toner, copies
Program Supplies
3000
Materials for youth planning and engagement
activities (e.g., arts & crafts, mics & headphones,
camera, snacks & refreshments, incentives)
Outreach Materials
1425
Outreach and educational awareness materials
such as flyers, posters, stickers, shirts, backpacks,
giveaways/swag
Mileage
500
Transportation reimbursements for local project -
related travel
Indirect
1
11350.73
10%of Direct Expenses
Attachment 1(b)
24
DocuSign Envelope ID: 098D4B61-B495-429F-BABC-OAF46D368454
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.
II. 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.
25
DocuSign Envelope ID: 098D4B61-B495-429F-BABC-OAF46D368454
IV. FEDERAL AWARD IDENTIFICATION
FAIN INFORMATION
A.
CONTRACTOR Name:
LATINO HEALTH ACCESS
B.
CONTRACTOR'S Unique
938164811
Identifier (D-U-N-S):
Federal Award
C.
Identification Number
SLFRP 1059
(FAIN):
D.
Federal Award Date:
5/19/2021
E.
Subaward Period of
7/l/2022-6/30/2023
Performance:
Total Amount of Federal
F.
Funds Obligated by the
$125,000
Action:
Total Amount of Federal
G.
Funds Obligated to the
$125,000
CONTRACTOR:
H.
Total Amount of the
$64,180,406.50
Federal Award:
Federal Award Project
American Rescue Plan Act (ARPA)
L
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:
kridge(d),santa-ana.org
M.
CFDA Number:
21.027
CFDA Name:
Coronavirus State and Local Fiscal Recovery Funds
N.
Whether Award is R&D:
No
O
Indirect Cost Rate for the
de minimus or federally negotiated rate
Federal Award:
26
DocuSign Envelope ID: 098D4B61-B495-429F-BABC-OAF46D368454
10.14 so I 1 .1 to
DEBARMENT
Certification Regarding
Debarment, Suspension, Ineligibility and Voluntary Exclusion
Lower Tier Covered Transactions
This certification is required by the regulations implementing Executive Order 12549, Debarment
and Suspension, 29 CFR Part 98, Section 98.510, Participants' responsibilities. The regulations were
published as Part VII of the May 26,1988 Federal 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.
Name and Title of
2� VVL2,�f 1ri�q , ct -e- 0101-Ylivl-x
4./
Signature I I I Date
27
DocuSign Envelope ID: 098D4B61-B495-429F-BABC-OAF46D368454
INSTRUCTIONS FOR CERTIFICATION
1. By signing and submitting this proposal, the prospective recipient of federal assistance funds
is providing the certification as set out below.
2. The certification in this clause is a material representation of fact upon which reliance was
placed when this transaction was entered into. If it is later determined that the prospective
recipient of federal assistance funds knowingly rendered an erroneous certification, in
addition to other remedies available to the Federal Government, the Department of Labor
(DOL) may pursue available remedies, including suspension and/or debarment.
3. The prospective recipient of federal assistance funds shall provide immediate 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.
7. 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.
DocuSign Envelope ID: 098D4B61-B495-429F-BABC-OAF46D368454
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.
29
DocuSign Envelope ID: 098D4B61-B495-429F-BABC-OAF46D368454
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 i0, influencing or attempting to influence an officer u, employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the
undersigned shall complete and submit Standard Form-LLL, 'Disclosure Form to Report
Lobbying," in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontract, subgrants, and contracts under
grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose
accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for
making or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any
person who fails to file the required certification shall be subject to a civil penalty of not less
than $10,000 and not more than $100,000 for each such failure.
Grantee/Contactor Organization
Name of
vUl ' i �_
Offi
Program
ate
30
DocuSign Envelope ID: 098D4B61-B495-429F-BABC-OAF46D368454
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.
31
DocuSign Envelope ID: 098D4B61-B495-429F-BABC-OAF46D368454
EXHIBIT F
DRUG -FREE WORKPLACE
Certification Regarding Drug -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 unlawfitl 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
32
DocuSign Envelope ID: 098D4B61-B495-429F-BABC-OAF46D368454
otherwise receiving actual notice of such conviction;
(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).
B. The contractor shall insert in the space provided on the attached "Place of Performance"
form the site(s) for the performance of work to be carried out with the grant funds
(including street address, city, county, state, and zip code) .the contractor further certifies
that, if it is subsequently determined that additional sites will be used for the performance
of work under the contract, it shall notify the U.S. Department of Housing and Urban
Development immediately upon the decision to use such additional sites by submitting a
revised "Place of Performance" form.
Organization
Authorized Signature Date
33
DocuSign Envelope ID: 098D4B61-B495-429F-BABC-OAF46D368454
PLACE OF PERFORMANCE
FOR CERTIFICATION REGARDING DRUG -FREE
WORKPLACE REQUIREMENTS
Name: Y I 0(VtC_q Y V -61 I I
Date: "3 I (P 1 r&2-2_�- a.
—JI
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):
1'�5o w. 446� S+) �L`�, 13 C)
�a4 +-i kz--i, , cam- -'�7
34
AGREEMENT BETWEEN THE CITY OF SANTA ANA AND
NATI'S HOUSE DBA NEUTRAL GROUND FOR USE OF
AMERICAN RESCUE PLAN ACT (ARPA) FUNDS
This Agreement is hereby made and entered into this 3rd day of May, 2022, by and
between the City of Santa Ana, a charter city and municipal corporation organized and existing
under the Constitution and laws of the State of California ("CITY"), and Nati's House DBA
Neutral Ground, a California domestic nonprofit corporation ("SUBRECIPIENT" or
"CONTRACTOR").
RECITALS:
A. The American Rescue Plan Act ("ARPA") was signed into law in March 2021. ARPA
provides funding for a number of different programs, including the Coronavirus State and
Local Fiscal Recovery Fund ("SLFRF"), to provide monetary support to local governments
to respond to, mitigate, and recover from the COVID-19 public health emergency.
B. On July 20, 2021, the Santa Ana City Council authorized the City Manager to utilize ARPA
SLFRF funding from the United States Department of Treasury for the Revive Santa Ana
Spending Plan, which includes five spending categories: recovery from the pandemic, direct
assistance programs, public health and safety, critical infrastructure, and city fiscal health.
C. SUBRECIPIENT has been selected by the CITY to receive ARPA SLFRF Funds in order to
provide youth programs, including: early childhood support; head start; day care; after school
tutoring; athletic; and, youth violence prevention, in accordance with the Scope of Work
attached hereto as Exhibit A and incorporated herein by reference ("said program").
SUBRECIPIENT represents that it is qualified and willing to operate said program and
certifies that the administration of said program carried out with funds provided under this
Agreement will meet ARPA's objectives to respond to, mitigate, and recover from this
historic COVID-19 public health crisis.
D. SUBRECIPIENT agrees that it will adhere to the tasks and services as indicated in Exhibit A
for said program. Failure to follow the requirements and meet the stated expectations may
constitute breach of contract that could result in termination of this Agreement or serve as
reason for the CITY to recapture the grant funds awarded to SUBRECIPIENT pursuant to
this Agreement.
WHEREFORE, it is agreed by and between the parties that the foregoing Recitals are a
substantive part of this Agreement and the following terms and conditions are approved and together
with all exhibits and attachments hereto, shall constitute the entire Agreement between the CITY and
SUBRECIPIENT:
I. ARPA PROGRAM PROVISIONS
A. Scope of Work. SUBRECIPIENT shall be responsible for the specific tasks and
services of said program, and agrees to administer said program in compliance with the tasks and
services as described in the Scope of Work attached hereto as Exhibit A. SUBRECIPIENT's failure
to perform as required may, in addition to other remedies set forth in this Agreement, result in
readjustment of the amount of funds for said program or termination of this Agreement.
B. Term of Agreement. The term of said Agreement shall commence on July 1 st, 2022,
and continue through June 30, 2023 ("Term"), unless terminated earlier pursuant to the terms of
this Agreement. This Agreement shall also cover any and all services provided by the
SUBRECIPIENT to the CITY since the date the ARPA SURF Funds were awarded to the CITY.
Additionally, the Term of this Agreement may be extended by a writing executed by the City
Manager, or designee, and the City Attorney.
C. Amount of Grant Funding. The total amount of funds provided for said program
shall not exceed One Hundred Twenty -Two Thousand One Hundred Seventy -Two Dollars and
Zero Cents ($122,172) ("ARPA SURF Funds") during the Term of the Agreement.
SUBRECIPIENT agrees to use said ARPA SURF Funds to administer said program as outlined in
Exhibit A.
D. Disbursement of Funds. Said ARPA SURF Funds shall be disbursed by CITY to
SUBRECIPIENT pursuant to the terms found in the Fee Payment Schedule attached hereto as
Exhibit B, with payments subject to the submittal of invoices and other reporting requirements,
as hereinafter more fully set forth. SUBRECIPIENT shall be obligated to perform such duties as
would normally extend beyond the term, including, but not limited to, obligations with respect to
indemnification, audits, reporting, data retention/reporting, and accounting. Failure to provide any
of the required documentation and reporting will cause CITY to withhold all or a portion of a
request for ARPA SURF Funds, or return the entire request to SUBRECIPIENT, until such
documentation and reporting has been received and approved by CITY.
(1) Reduction in ARPA 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 SUBRECIPIENT's rate of
expenditure will result in unspent funds at the end of the program term. Amendments in the grant
allocation will be made after consultation with SUBRECIPIENT.
(3) Reversion of Assets. SUBRECIPIENT agrees that any and all funds received
under this Agreement shall be utilized during the Term of this Agreement, and that any and all funds
remaining as of the end of the Term, which have not been utilized, shall be returned by
SUBRECIPIENT to the CITY within thirty (30) days of the expiration or earlier termination of the
Agreement. No expense of SUBRECIPIENT will be reimbursed by CITY if incurred after the end
of the Term of the Agreement.
2
E. Grant Program Requirements.
(1) SUBRECIPIENT acknowledges that the source of funding for said program is the
federal ARPA, and that payments from the ARPA SURF Funds are only to be used to make
necessary expenditures incurred due to the public health emergency with respect to COVID-19.
(2) SUBRECIPIENT acknowledges that ARPA provisions allow the use of ARPA
SURF Funds to respond to, mitigate, and recover from the COVID-19 public health emergency, and
will not use these funds for any other uses.
(3) SUBRECIPIENT shall follow the process and determination of eligibility for
participants in said program as outlined in Exhibit A.
F. Performance Monitoring.
(1) SUBRECIPIENT shall submit program performance information as often as
requested by CITY, but no less than the submission of monthly reports and a final report to CITY
with the information requested by and in the format acceptable to CITY. Each monthly report is due
within thirty (30) days of completion of work for each month. The final report is due within thirty
(30) days after the termination or expiration of this Agreement.
(2) CITY will evaluate SUBRECIPIENT's management and operation of said
program with respect to the project expectations as described in Exhibit A.
(3) CITY will review the audit of the SUBRECIPIENT to ensure that grant funds are
used for authorized purposes in compliance with laws, regulations, and the provisions of contracts or
grant agreements under this Agreement, including attachments and exhibits.
(4) If action to correct any substandard performance is not taken by the
SUBRECIPIENT within a reasonable period after being notified by CITY, suspension or termination
procedures may be initiated by CITY.
(5) All performance shall be subject to review by the CITY or other regulatory
agencies at all times. SUBRECIPIENT shall provide adequate cooperation to any inspector or other
CITY representative to permit the same to determine SUBRECIPIENT's conformity with the terms
of this Agreement. If any services performed by SUBRECIPIENT are not in conformance with the
terms of this Agreement, the CITY shall have the right to require SUBRECIPIENT to perform the
services in conformance with the terms of the Agreement at no additional cost. The CITY may also
terminate this Agreement for default and charge SUBRECIPIENT for any costs incurred by the CITY
because of SUBRECIPIENT's failure to perform.
(6) SUBRECIPIENT shall establish adequate procedures for self -monitoring and
quality control and assurance to ensure proper performance under this Agreement; and shall permit a
CITY representative or other regulatory official to monitor, assess, or evaluate SUBRECIPIENT's
performance under this Agreement at any time, upon reasonable notice to SUBRECIPIENT.
G. Audit.
(1) SUBRECIPIENT shall maintain complete and accurate records and supporting
documentation to facilitate financial and/or program audits by CITY. This requirement shall apply
to any records and documentation CITY shall reasonably require or as required to be maintained
pursuant to the ARPA regulations.
(2) The books and accounts, files, and other records of SUBRECIPIENT, which are
applicable to this Agreement, shall be available for inspection, review, and audit during normal
business hours by CITY to determine the proper application and use of all ARPA SURF 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 SURF Funds of SUBRECIPIENT and all documents related to this Agreement
shall be maintained and kept available at SUBRECIPIENT'S office or place of business for the
duration of the Agreement and thereafter for five (5) years from the date of final payment under
this Agreement. Records which relate to: (a) complaints, claims, administrative proceedings or
litigation arising out of the performance of this Agreement; or, (b) costs and expenses of this
Agreement to which CITY or any other governmental agency takes exception, shall be retained
beyond the five (5) years until complete resolution or disposition of such appeals, litigation claims,
or exceptions. In the event SUBRECIPIENT does not make the above -referenced documents
available within the City of Santa Ana, California, SUBRECIPIENT agrees to pay all necessary and
reasonable expenses incurred by CITY in conducting any audit at the location where said records and
books of account are maintained.
H. 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
M
CITY deems to be appropriate, including, but not limit to, duplication and/or distribution within
the CITY or to third parties. SUBRECIPIENT agrees not to release or circulate in whole or part
such materials, reports, or products without prior written authorization of the CITY.
I. Close -Out. SUBRECIPIENT agrees to comply with the closeout procedures
detailed in 2 CFR §200.343, including the following:
(1) SUBRECIPIENT must submit, no later than ninety (90) calendar days after the
end date of the period of performance, all financial, performance, and other reports as required by
the terms and conditions of this Agreement;
(2) SUBRECIPIENT must promptly refund any balances of unobligated cash that
the CITY paid in advance or paid and that is not authorized to be retained by SUBRECIPIENT for
use in other projects (See OMB Circular A-129 and 2 CFR §200.345); and,
(3) CITY should complete all closeout actions for the Federal award no later than
one year after receipt and acceptance of all required final reports.
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; (ii) it has
carefully considered how the services should be performed; and, (iii) it fully understands the
facilities, difficulties and restrictions attending performance of the services under this Agreement.
(4) No Conflict. To the best of SUBRECIPIENT'S knowledge,
SUBRECIPIENT'S execution, delivery and performance of its obligations under this Agreement
will not constitute a default or a breach under any contract, agreement or order to which
SUBRECIPIENT is a party or by which it is bound.
(5) No Bankruptcy. SUBRECIPIENT is not the subject of any current or
threatened bankruptcy proceeding.
5
(6) No Pending Legal Proceedings. SUBRECIPIENT is not the subject of a
current or threatened litigation that would or may materially affect SUBRECIPIENT'S
performance under this Agreement.
(7) Proposal Veracity. All provisions of and information provided in
SUBRECIPIENT's proposal submitted to CITY, including any exhibits, are true and correct in all
material respects.
(8) No Pending Investigation. SUBRECIPIENT has no knowledge that it is the
subject of any current or threatened criminal or civil action investigation by any public agency,
including without limitation a police agency or prosecuting authority, which would relate to or
affect performance of the Agreement or provision of services hereunder.
B. Licensing. SUBRECIPIENT agrees to obtain and maintain all required licenses,
registrations, accreditation and inspections from all agencies governing its operations.
SUBRECIPIENT shall ensure that its staff shall also obtain and maintain all required licenses,
registrations, accreditation and inspections from all agencies governing SUBRECIPIENT's
operations hereunder. Such licensing requirements include obtaining a City business license, as
applicable.
C. Zoning. SUBRECIPIENT agrees that any facility/property used in furtherance of said
program shall be specifically zoned and permitted for such use(s) and activities. Should
SUBRECIPIENT fail to have the required land entitlement and/or permits, thus violating any local,
state or federal rules and regulations relating thereto, SUBRECIPIENT shall immediately make good -
faith efforts to gain compliance with local, state or federal rules and regulations following written
notification of said violation(s) from the CITY or other authorized citing agency. SUBRECIPIENT
shall notify CITY immediately of any pending violations. Failure to notify CITY of pending
violations, or to remedy such known violation(s) shall result in termination of grant funding
hereunder. SUBRECIPIENT must make all corrections required to bring the facility/property into
compliance with the law within sixty (60) days of notification of the violation(s); failure to gain
compliance within such time shall result in termination of grant funding hereunder.
D. Separation of Accounts. All funds received by SUBRECIPIENT from CITY pursuant
to this Agreement shall be maintained in an account in a federally insured banking or savings and
loan institution with record keeping of such accounts maintained pursuant to applicable 2 CFR
200.302 requirements. SUBRECIPIENT is not required to maintain separate depository accounts for
ARPA SLFRF Funds; provided however, the SUBRECIPIENT must be able to account for receipt,
obligation, distribution and expenditure of ARPA SLFRF Funds pursuant to applicable 2 CFR
200.302 requirements.
E. Audit Report Requirements. SUBRECIPIENT agrees that if SUBRECIPIENT
expends Seven Hundred Fifty Thousand Dollars ($750,000) or more in federal funds,
SUBRECIPIENT shall have an annual audit conducted by a certified public accountant in accordance
with the standards as set forth and published by the United States Office of Management and Budget.
SUBRECIPIENT shall provide CITY with a copy of said audit by April I of the year following the
program year in which this Agreement is executed.
2
F. Compliance with Law/Program Income. SUBRECIPIENT acknowledges that the
funds being provided by CITY for said program are received by CITY pursuant to ARPA, and that
distribution and expenditure of these ARPA SURF Funds shall be in accordance with ARPA and all
pertinent regulations issued by agencies of the federal government, including, but not limited to, all
regulations found at Title 24 of the Code of Federal Regulations. Any program income received by
SUBRECIPIENT shall be returned to CITY, unless otherwise provided for in this Agreement.
SUBRECIPIENT agrees to comply fully with all federal, state and local laws and court orders
applicable to its operation and administration of said program, whether or not referred to in this
Agreement.
G. Debarment. To protect the public interest and ensure the integrity of Federal
programs, CITY may only conduct business with responsible persons and may not make any award
or permit any award to any party which is debarred or suspended or is otherwise excluded from or
ineligible for participation in Federal assistance programs under Executive Order 12549,
"Debarment and Suspension". See also 24 CFR 570.609. SUBRECIPIENT must review and sign
Exhibit D "Debarment", which is attached hereto and incorporated herein by this reference.
SUBRECIPIENT shall be in good standing, without suspension by the California Secretary of State,
Franchise Tax Board or Internal Revenue Service. Any change in the corporate status or suspension
of SUBRECIPIENT shall be reported immediately to CITY.
H. Confidentiality. Without prejudice to any other provisions of this Agreement,
SUBRECIPIENT shall, where applicable, maintain the confidential nature of information provided
to it concerning participants in accordance with the requirements of federal and state law. However,
SUBRECIPIENT shall submit to CITY or its representatives, all records requested, including audit,
examinations, monitoring and verifications of reports submitted by SUBRECIPIENT, costs incurred
and services rendered hereunder.
I. Independent Contractor. SUBRECIPIENT agrees that the performance of obligations
hereunder is rendered in its capacity as an independent contractor and that it is in no way an agent of
CITY.
J. Violation of Terms and Conditions. SUBRECIPIENT agrees that if SUBRECIPIENT
violates any of the terms and conditions of this Agreement or any prior Agreement whereby ARPA
SURF Funds were received by SUBRECIPIENT, or if SUBRECIPIENT reports inaccurately, or if
on audit there is a disallowance of certain expenditures, SUBRECIPIENT agrees to remedy the acts
or omissions causing the disallowance and repay CITY all amounts spent in violation thereof. If
SUBRECIPIENT engaged in fraudulent activity to obtain and/or justify distribution or expenditure
of the ARPA SURF Funds granted hereunder, SU 3RECIPIENT shall be required to reimburse the
CITY of all such funds that were obtained, distributed and/or spent under fraudulent circumstances.
K. Fraud. SUBRECIPIENT shall immediately report all suspected or known instances
and facts concerning possible fraud, abuse or criminal activity related to said program for the ARPA
SURF Funds under this Agreement.
7
L. Prohibited Use. SUBRECIPIENT hereby certifies and agrees that it will not use
ARPA SLFRF Funds provided through this Agreement to pay for entertainment, meals or gifts, or
other prohibited uses.
M. Lobbying. SUBRECIPIENT certifies that it will comply with federal law (31 U.S.C.
1352) and regulations found at 24 CFR Part 87, which provide that no appropriated funds may be
expended by the recipient of a federal contract, grant, loan or cooperative agreement to pay any person
for influencing or attempting to influence an officer or employee of any agency, Member of Congress,
or an officer or employee of a Member of Congress in connection with awarding of any federal
contract, the making of any federal grant or loan, entering into any cooperative agreement and the
extension, renewal, amendment or modification of any federal contract, grant, loan or cooperative
agreement. SUBRECIPIENT shall sign a certification to that effect in a form as set forth in Exhibit
E, attached hereto and by this reference incorporated herein. SUBRECIPIENT shall submit said
signed certification to CITY prior to performing any of its obligations under this Agreement and prior
to any obligation arising on the part of CITY to pay any sums to SUBRECIPIENT under the terms
and conditions of this Agreement.
If any funds other than Federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any agency, a Member
of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall
complete and submit a "Disclosure Form to Report Lobbying," in accordance with its instructions
(Exhibit E).
N. Financial Interest. SUBRECIPIENT agrees that except for the use of administrative
fees to pay salaries and other related administrative or personnel costs, no persons who exercise or
have exercised any function with respect to administering said program under the 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 SURF Funds shall provide equal
employment opportunities for minorities and women.
Q. Women and Minority -Owned Businesses (W/MBE). SUBRECIPIENT will use its
best efforts to afford small businesses, minority business enterprises, and women's business
enterprises the maximum practicable opportunity to participate in the performance of this
Agreement in accordance with the requirements of 2 CFR 200.321 "Contracting with small and
minority businesses, women's business enterprises, and labor surplus area firms". As used in this
Agreement, the term "small business" means a business that meets the criteria set forth in section
3(a) of the Small Business Act, as amended (15 U.S.C. 632), and "minority and women's business
enterprise" means a business at least fifty-one percent (51 %) owned and controlled by minority
group members or women. For the purpose of this definition, "minority group members" are
African -Americans, Spanish-speaking, Spanish surnamed or Spanish -heritage Americans, Asian -
Americans, and American Indians. SUBRECIPIENT may rely on written representations by
businesses regarding their status as minority and female business enterprises in lieu of an
independent investigation.
R. Drug Free Workplace. SUBRECIPIENT agrees to provide a drug -free workplace and
to execute a certification as set forth in Exhibit F attached hereto and incorporated herein by this
reference.
S. Uniform Administrative Requirements, Cost Principles, and Audit Requirements
for Federal Awards. The following requirements and standards must be complied with: 2 CFR
Part 200 et al. SUBRECIPIENT shall procure all materials, property, or services in accordance
with the requirements of 2 CFR 200.318-326.
III. CITY'S OBLIGATIONS
A. Audit of Account. CITY shall include an audit of the account maintained by
SUBRECIPIENT in CITY's audit of all ARPA SURF 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
0
performed its obligations as stated in this contract in a satisfactory manner, or if the CITY
determines that insufficient supporting information has been submitted, the CITY shall notify the
SUBRECIPIENT in writing of its determination specifying in full detail the objections that it has
to the SUBRECIPIENT's performance. If action to correct such substandard performance is not
taken by the SUBRECIPIENT after being notified by the CITY, within a reasonable period of time
as stipulated in the written notification, contract suspension or termination procedures will be
initiated.
IV. GENERAL PROVISIONS
A. Non -Discrimination.
1. SUBRECIPIENT agrees to comply with Executive Order 11246, which requires
that during the performance of this Agreement, SUBRECIPIENT agrees not to discriminate against
any employee or applicant for employment because of race, religion, sex, color or national origin.
Such action shall include, but not be limited to the following: employment, upgrading, demotion, or
transfer, rates of pay or other forms of compensation, and selection for training, including
apprenticeship. SUBRECIPIENT agrees to post in conspicuous places, available to employees and
applicants for employment, notices to be provided by the SUBRECIPIENT setting forth the
provisions of this nondiscrimination clause.
2. SUBRECIPIENT agrees to comply with Title VI of the Civil Rights Act of 1964,
which indicates that no person shall, on the ground of race, color or national origin, be excluded from
participation in, be denied the benefits of, or be subject to discrimination under any program of activity
receiving federal financial assistance.
3. No person shall, on the grounds of race, sex, creed, color, religion, marital status,
national origin, age, sexual orientation, or physical or mental handicap be excluded from participation
in, be refused the benefits of, or otherwise be subject to discrimination in any activities, programs or
employment supported by this Agreement. SUBRECIPIENT is prohibited from discrimination on
the basis of age or with respect to an otherwise qualified handicapped person as provided for under
Section 109 of the Housing and Community Development Act of 1974, as amended.
4. SUBRECIPIENT agrees to comply with the Age Discrimination Act of 1975,
which requires that during the performance of this Agreement, SUBRECIPIENT agrees not to
discriminate against any employee or applicant for employment because of age. Such action shall
include, but not be limited to the following: employment upgrading, demotion, or transfer, rates of
pay or other forms of compensation, and selection for training, including apprenticeship.
SUBRECIPIENT agrees to post in conspicuous places, available to employees and applicants for
employment, notices to be provided by the SUBRECIPIENT setting forth the provisions of this age
discrimination clause.
5. SUBRECIPIENT agrees to comply with Section 504 of the Rehabilitation Act of
1973, which requires that no otherwise qualified individual with a disability in the United States, shall,
solely by reason of his or her disability, be excluded from the participation in, be denied the benefits
of, or be subjected to discrimination under any program or activity receiving federal financial
10
assistance or under any program or activity conducted by any executive agency or by the United
States Postal Service.
B. Conflict of Interest. Pursuant to the conflict of interest requirements set forth in 24
CFR 570.611 and 2 CFR 200.112, SUBRECIPIENT certifies that no member, officer, employee,
agent or assignee of CITY having direct or indirect control of any ARPA SLFRF Funds granted to
the CITY, inclusive of the subject ARPA SLFRF Funds, shall serve as an officer of SUBRECIPIENT.
Further, any conflict or potential conflict of interest of any officer of SUBRECIPIENT shall be fully
disclosed in writing prior to the execution of this Agreement and said writing shall be attached and
deemed fully incorporated as a part hereof. Notice shall be sent by SUBRECIPIENT to CITY
regarding any changes or modifications to its board of directors and list of officers.
C. Special Certification for Religious Entities. If SUBRECIPIENT is a religious entity,
SUBRECIPIENT hereby agrees that in connection with the provision of the services
SUBRECIPIENT shall provide with ARPA SLFRF Funds, in accordance with 24 CFR 570.2000):
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
11
section, the term "immediate family" means spouse, child, mother, father, brother, sister, brother-in-
law, sister-in-law, father-in-law, mother-in-law, son-in-law, daughter-in-law, aunt, uncle, niece,
nephew, stepparent and stepchild. The term "administrative capacity" means having selection, hiring,
supervisor or management responsibilities.
E. Notices. Notices to the parties shall, unless otherwise requested in writing, be sent by
U.S. Mail, postage prepaid, and addressed as follows:
TO CITY: City of Santa Ana
Lisa Rudloff
Executive Director
Parks, Recreation and Community Services Agency
20 Civic Center Plaza
P.O. Box 1988
Santa Ana, California 92702-1988
TO SUBRECIPIENT:
Nati's House DBA Neutral Ground
Nati Alvarado
Executive Director
1733 N Valencia St
Santa Ana, CA 92706-2930
F. Assi ng ability. None of the duties of, or work to be performed by, SUBRECIPIENT
under this Agreement shall be subcontracted or assigned to any agency, consultant, or person
without the prior written consent of CITY. SUBRECIPIENT must submit all subcontracts and
other agreements that relate to this Agreement to CITY. No subcontract or assignment shall
terminate or alter the legal obligations of SUBRECIPIENT pursuant to this Agreement.
G. Indemnification/Hold Harmless. SUBRECIPIENT shall indemnify, defend and save
harmless CITY, its officers, employees, agents, representatives and volunteers from and against any
and all damages to or for loss of use of property and for injuries to or death of any person or persons,
including property and employees or agents of CITY, and shall defend, indemnify and save harmless
CITY, its officers, employees, agents, representatives and volunteers from and against any and all
claims, demands, suits, actions or proceedings of any kind or nature, including, but not by way of
limitation, workers compensation claims and including attorney fees and reasonable expenses for
litigation or settlement, resulting from or arising out of the negligent or wrongful acts, errors or
omissions of SUBRECIPIENT, its officers, directors, employees, agents, subcontractors and
suppliers arising out of SUBRECIPIENT's performance of this Agreement.
H. Insurance.
Contractor shall procure and maintain for the duration of the contract insurance against
claims for injuries to persons or damages to property which may arise from or in connection with
12
the performance of the work hereunder and the results of that work by the Contractor, its agents,
representatives, employees, or subcontractors.
a. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad
as:
Commercial General Liability (CGL): Insurance Services Office Form CG 00
O1 covering CGL on an "occurrence" basis, including products and completed
operations, property damage, bodily injury and personal & advertising injury
with limits no less than $2,000,000 per occurrence. If a general aggregate limit
applies, either the general aggregate limit shall apply separately to this
project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be
twice the required occurrence limit.
2. Automobile Liability: Insurance Services Office Form Number CA 0001
covering, Code 1 (any auto), or if Contractor has no owned autos, Code 8 (hired)
and 9 (non -owned), with limit no less than $1,000,000 (if program services
includes transportation of youth, the limit shall be no less than $5,000,000) per
accident for bodily injury and property damage. (Not required if an automobile
is not required to fulfill services.)
3. Workers' Compensation: insurance as required by the State of California, with
Statutory Limits, and Employer's Liability Insurance with limit of no less than
$1,000,000 per accident for bodily injury or disease.
4. Sexual Abuse or Molestation (SAM) Liability: If the CGL policy referenced
above is not endorsed to include affirmative coverage for sexual abuse or
molestation, Contractor shall obtain and maintain a policy covering Sexual
Abuse and Molestation with a limit no less than $1,000,000 per occurrence or
claim.
5. If the Contractor maintains broader coverage and/or higher limits than the
minimums shown above, the City requires and shall be entitled to the broader
coverage and/or the higher limits maintained by the Contractor. Any available
insurance proceeds in excess of the specified minimum limits of insurance and
coverage shall be available to the City.
b. Other Insurance Provisions — The insurance policies are to contain, or be endorsed to
contain, the following provisions:
Additional Insured Status: The City, its officers, officials, employees, and
volunteers are to be covered as additional insureds on the CGL policy with
respect to liability arising out of work or operations performed by or on behalf
of the Contractor including materials, parts, or equipment furnished in
connection with such work or operations. General liability coverage can be
provided in the form of an endorsement to the Contractor's insurance (at least
as broad as ISO Form CG 20 10 11 85 or if not available, through the addition
of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if a
later edition is used).
13
2. Primary Coverage: For any claims related to this contract, the Contractor's
insurance coverage shall be primary coverage at least as broad as ISO CG 20
0104 13 as respects the City, its officers, officials, employees, and volunteers.
Any insurance or self-insurance maintained by the City, its officers, officials,
employees, or volunteers shall be excess of the Contractor's insurance and shall
not contribute with it.
3. Notice of Cancellation: Each insurance policy required above shall state that
coverage shall not be canceled, except with notice to the City.
4. Waiver of Subrogation: Contractor hereby grants to City a waiver of any right
to subrogation which any insurer of said Contractor may acquire against the
City by virtue of the payment of any loss under such insurance. Contractor
agrees to obtain any endorsement that may be necessary to affect this waiver of
subrogation, but this provision applies regardless of whether or not the City has
received a waiver of subrogation endorsement from the insurer.
5. Self -Insured Retentions: Self -insured retentions must be declared to and
approved by the City. The City may require the Contractor to purchase coverage
with a lower retention or provide proof of ability to pay losses and related
investigations, claim administration, and defense expenses within the retention.
The policy language shall provide, or be endorsed to provide, that the self -
insured retention may be satisfied by either the named insured or City.
6. Acceptability of Insurers: Insurance is to be placed with insurers authorized to
conduct business in the state with a current A.M. Best's rating of no less than
A:VII, unless otherwise acceptable to the City.
7. Claims Made Policies: If any of the required policies provide coverage on a
claims -made basis:
1. The Retroactive Date must be shown and must be before the date of the
contract or the beginning of contract work.
2. Insurance must be maintained and evidence of insurance must be
provided for at least five (5) years after completion of the contract of
work.
3. If coverage is canceled or non -renewed, and not replaced with another
claims -made policy form with a Retroactive Date prior to the contract
effective date, the Contractor must purchase "extended reporting"
coverage for a minimum of five (5) years after completion of contract
work.
8. Verification of Coverage: Contractor shall furnish the City with original
Certificates of Insurance including all required amendatory endorsements (or
copies of the applicable policy language effecting coverage required by this
clause) and a copy of the Declarations and Endorsement Page of the CGL policy
listing all policy endorsements to City before work begins. However, failure to
obtain the required documents prior to the work beginning shall not waive the
Contractor's obligation to provide them. City reserves the right to require
14
complete, certified copies of all required insurance policies, including
endorsements required by these specifications, at any time.
9. Special Risks or Circumstances: City reserves the right to modify these
requirements, including limits, based on the nature of the risk, prior experience,
insurer, coverage, or other special circumstances.
I. Termination.
1. This Agreement may be terminated on thirty (30) days' written notice by either
party. In the event of such termination, SUBRECIPIENT shall only be entitled to reimbursement for
approved expenses incurred to the effective date of termination.
2. This Agreement may be suspended or terminated by CITY upon five (5) days'
written notice for violation by SUBRECIPIENT of Federal Laws governing the use of ARPA SURF
Funds. 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
15
and prior to any adjudication of SUBRECIPIENT's rights, any and all funds not used, and to comply
with the Reversion of Assets requirements in this Agreement.
J. Limitation of Funds. The United States of America may in the future place
programmatic or fiscal limitations on the use of ARPA SLFRF Funds, which limitations are not
presently anticipated. Accordingly, CITY reserves the right to revise this Agreement in order to take
account of actions affecting ARPA program funding. In the event of funding reduction, CITY may,
in its sole and absolute discretion, reduce the budget of this Agreement, may limit the rate of
SUBRECIPIENT's authority to utilize funds, or may restrict SUBRECIPIENT's use of uncommitted
funds. Where CITY has been directed to implement a reduction in funding, with respect to funding
for this Agreement, CITY's City Manager or delegate is authorized to act for CITY in implementing
and effecting such a reduction and in revising, modifying, or amending the Agreement for such
purposes. If such a reduction in funding occurs, SUBRECIPIENT shall be permitted to de -scope
accordingly. Where CITY has reasonable grounds to question SUBRECIPIENT's fiscal
accountability or compliance with this Agreement, CITY may suspend the operation of this
Agreement for up to sixty (60) days upon five (5) days written notice to SUBRECIPIENT of its
intention to so act, pending an audit or other resolution of such questions. In no event, however, shall
any revisions made by CITY affect expenditures and legally binding commitments made by
SUBRECIPIENT before it received notice of such revision, provided that such amounts have been
committed in good faith and are otherwise allowable and that such commitments are consistent with
ARPA SLFRF Funds withdrawal guidelines.
K. Exclusivity and Amendment of Agreement. This Agreement supersedes any and all
other agreements, either oral or in writing, between the parties hereto with respect to the use of CITY's
ARPA SLFRF Funds by SUBRECIPIENT and contains all the covenants and agreements between
the parties with respect to SUBRECIPIIENT's administration of said program. Each party to this
Agreement acknowledges that no representations, inducements, promises or agreements, orally or
otherwise, have been made by any party, or anyone acting on behalf of any party, which are not
embodied herein, and that no other agreement or amendment hereto shall be effective unless executed
in writing and signed by both CITY and SUBRECIPIENT.
L. Laws Governingthis his 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
16
performed by the other shall not be construed to be a waiver of any succeeding breach thereof or
of any other covenant, condition or agreement herein contained.
O. Federal Award Identification Information. SUBRECIPIENT's pertinent Federal
Award Identification Information, including DUNS Number and Federal Award Identification
Number (FAIN), as well as the applicable information for ARPA, are included in Exhibit C
attached hereto and incorporated herein by this reference.
P. Miscellaneous Provisions.
1. Each undersigned represents and warrants that its signature herein below has the
power, authority and right to bind their respective parties to each of the terms of this Agreement, and
shall indemnify CITY fully, including reasonable costs and attorney's fees, for any injuries or
damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is
withdrawn.
2. All Exhibits and Attachments referenced herein and attached hereto shall be
incorporated as if fully set forth in the body of this Agreement.
3. This Agreement must be signed below and may be signed in counterpart and
delivered by fax, email as a PDF (Portable Document Format) file attachment, or by other means that
displays the original or a copy of the signatures. Any subsequent amendments may be signed and
delivered in the same manner.
{Signatures on following page}
17
M NITNESS WHEREOF, Ye Parties M1mm have e—ld llis Agmmenl a oflM1e dveatd yar
Rmunanabove.
ATTEST: CITYOPSANTAANA
DAISYGOMEZ RRISTME RIDGE
Ckt dtk Canal Cily Menage,
APPROVEDASTOFORM:
SONIA R. CARVALHO
City ARaney
. BPANDON SALVAT�RRA
Depny CnYAuomry
RECOMMENDED FOR APPROVAL: SUBRECIPIENT:
LISA RUDLOFF N ALVARA
Examive Dimm, Ex i.G_
Palk, Ramtm and Cmnmanily Smiaa Agnry DUNS4:079576814
EXHIBIT A
SCOPE OF WORK
Exhibit A
Scope of Work 4.1
Neutral Ground Boxing Club (NGBC)
Program Component Descriptions:
In March of this year Neutral Ground began meeting with a group of 20-30 youth and family members, practicing boxing drills,
riddling our hour-long sessions with plenty of strength and conditioning drills. NGBC proposes to reach some of our most at -risk
youth through sports programming and restorative practices. The purpose of Neutral Ground Boxing Club (NGBC) is to provide
free/no cost sports programming for some of our older (10-18) and more deeply gang -entrenched program participants. In
continued collaboration with Santa Ana Police Department, Santa Ana School Police, and the Orange County Probation Department,
a referral continuum will be established between our law enforcement partners and the Neutral Ground team. To best implement
the trauma -informed goal of the program, the Adverse Childhood Experience Survey (ACES) will be administered to all participants
at time of enrollment. This trauma -focused screening tool will assist providers to determine the level of intervention and targeted
referrals/linkages needed for participants. Youth of families victimized by violence and/or siblings of juvenile -justice involved youth
and/or students showing sudden changes in behavior, especially those demonstrating aggression will be referred to NGBC for
restorative practices, support services and linkages, and case management and sports programming. Special attention will be paid
to youth/students who have been severely impacted emotionally, academically, and financially (home/basic needs) as a result of
the COVID-19 crisis. The ultimate goal is to redirect participants back to a positive trajectory and reconnect them to programs, their
schools, positive influences, and their family to build a violence- free, strong, healthy, and meaningful future.
In collaboration with city
Begins
Current location can only serve less than 10 participants at a time. New
officials and local real estate
March 2022-
location will increase numbers of participants to — minimum of 200
experts, a new location will be
continues
unduplicated participants per year and many students who have participated
located in order to expand the
through
in the past will be encouraged to continue to engage in the program.
already existing program.
March 2023
Equipment for the program
April 2022
Once location is secured, equipment will be ordered to maximize the quality
will be purchased.
and the safety of the experience for the youth.
Development of referral
Begins
Seamless continuum of referrals of at -risk youth in need of NGBC services
system with law enforcement
March 2022-
program will be developed and sustained.
partners community agencies
continues
and school district for COVID-
through
impacted candidates for
March 2023
program
Participant
Ongoing
Adverse Childhood Experience Survey(ACES) will be administered to all
Survey/Assessment
participants at time of enrollment. Staff will address common issues
experienced by participants in healing circles at the end of training sessions.
Boxing Trainers/RP Leads-
March- April
Staff with experience with youth and the SA community who are bilingual
Recruitment and Training
2022 and
Spanish speakers will be recruited for positions. Staff will be trained in
ongoing
supervision, safety, boxing, fitness, as well as restorative practices.
Healthy Physical
Ongoing
30 (80- 120 total per year) youth will participate in ongoing boxing training on
Development- Stress and
Monday and Wednesdays each quarter. Participants may return and continue
Coping Mechanisms
training once they have completed the formal training/program. The focus of
the program will teach positive ways to relieve stress, and increase self-
discipline, and confidence.
Boxing Program/Restorative
Occur
Minimum of 30 unduplicated, NGBC participants will engage in boxing training
Circles
Weekly-
and restorative circles for a minimum of 5 weeks for each quarter (120 per
"Two -Pronged Approach =
ongoing
year). Boxing will take place twice per week, Tuesdays, and Thursdays for 2.5
Physical Health + Mental
hours and then students will have time to change and settle in for RP circles for
Health"
the last hour. The focus of the RP Circles will be to assist participants mitigate
mental health stresses, anxieties, and aggressions as a result of the COVID-19
crisis and diminish the specific risk factors preventing them getting back on
their feet.
50% of the participants will complete and participate in boxing training and RP
sessions.
Excursions/Tournaments
6 times for
Participants who have achieved milestones in training and RP circles will
the year
participate in recreational excursions such as beach trips, mountain trips and
sports trips. Participants may also participate in tournaments once they are
ready for competition,
Linkages: Community mental
Ongoing
10% of boxing participants will be linked to services for more extensive mental
health support, participants
health support. Program Supervisor will assist with linkages to mental health
who have more extensive
services.
multi -faceted mental health
need to consistently engage
with mental health
practitioners to support
recovery from COVID-19
struggles.
Linkages: Meeting basic
Ongoing
30% of boxing participants will be linked to services to support basic urgent
needs, in order for
needs. Program Supervisor will assist with linkages to agencies providing
participants to recover from
urgent necessities.
the COVID-19 struggles we
must ensure that basic needs
have been met. Urgent
necessities i.e.,
transportation, food and
shelter will also be provided
upon need.
Recognition Events: Research
Twice per
Boxing participants will receive t-shirts, customized awards, and incentives to
indicates that recognizing
year
recognize outstanding participation. Two events will take place where family,
progress and growth is critical
law enforcement partners and other agencies will join to applaud youth
in effective youth
efforts.
development efforts.
(Hawkins & Catalano)
2. Target Population
The mission of Neutral Ground is to create a healthier, safer Santa Ana centered on its communities most impacted by violence;
breaking the cycle of poverty, child abuse, academic failure and teen pregnancy through restorative practice and evidence -based
youth development, academic support, and the strengthening of meaningful relationships. Neutral Ground is dedicated to
addressing the human suffering and health disparities that the community of Santa Ana has suffered due to the COVID-19
pandemic.
The COVID-19 virus has affected all age and ethnic groups globally and nationally and across all domains of functioning. physical
health and development were severely impacted with all of the facility lockdowns and canceled recreational programs throughout
the country. For much of the population of youth in Santa Ana this experience was especially challenging since home dwellings
were often overcrowded and left residents and family members vulnerable to COVID-19. Exposure and vulnerability then were
intensified by work conditions for essential jobs, overcrowded housing and neighborhoods that lack protective supplies and
preventive information (Falicov et al., 2020; Gaynor & Wilson, 2020). The impact on the families in the Santa Ana community
include economic implications, feelings of sadness due to grief and loss of family members/close friends and a lack of treatment in
mental health. The accommodation of safety measures COVID-19 introduced to social organizations or community based
extracurricular activities have impacted families, specifically the at -risk youth among the Santa Ana community. The strategies to
control the spread of the COVID-19 virus have changed the daily lives of these youth. The youth who are in vulnerable
communities have been hit the hardest and have unfortunately adopted unhealthy habits of behavior that impact their overall
lifestyle (Shepherd et al., 2021). Youth who have experienced these struggles ages 10-18 will be prioritized for enrollment in
Neutral Ground Boxing Club.
According to the US Census Bureau (2019), it was reported that 26.9% of the population of the city of Santa Ana is between the
ages of 5-18, 76.8% of the city identifies as Hispanic or Latino, 43.3% of the city are "foreign born persons" and 80.3% speak a
language at home other than English. The immigrant Latinx community are statistically more likely to seek or accept mental health
services within a community setting than independently seeking services for medical conditions such as depression, anxiety,
trauma, or relational conflicts. Mental health distress can also manifest in various somatic symptoms such as headaches, stomach
aches, or fatigue that needs to be addressed by health practitioners (Falicov,et al.,2020). This highlights the need for services
delivery to surpass cultural differences and provide healthy strategies under a whole -health framework of delivery (Gaynor &
Wilson, 2020) to support healthy living. The Neutral Ground Boxing Club will provide restorative circles and referrals to mental
health to reduce his disparity in access to mental health services. The program takes a two -pronged approach that includes
fostering both physical and mental wellness.
3. Unmet Need
Youth of all ages, but especially 10-18 years of age have been impacted physically and mentally from COVID-19 restrictions in the
Qualified Services Tract. Neutral Ground's proposed program will expand a boxing program to increase services. The local church
activities across the board fr the youth across the city of Santa Ana. The newly proposed Neutral Ground Boxing Club will support
almost 200+ youth with the first year of the grant with the safe and newly leased facilities and updated a ftoph M PArticipants
will engage in physical development through boxing training as well as engage in social -emotional healing through sessions of
restorative circles at the end of the training each week.
Boxing programs can be used as a sport -based youth development technique to teach life skills to youth within a recreational
context (Hemphill et al., 2019). The youth who participate in these activities learn to apply life skills beyond the activity due to the
social nature of the program. Perceived life skills are found to be a component that is foundational as it enhances the expectation
of hard work/teamwork and encourages positive relationships built within the gym environment (Hemphill et al., 2019). As the
research states above, this population struggles with mental health imbalances, economic stressors, physical discomfort,
dysregulated structure to routine and social instability. Coupled with potentially abusive homes, family dysfunction, and physical
discomfort, the nature of a boxing recreational program that encourages peer to peer interaction, physical activity and social -
emotional growth and stability will help to mitigate any maladaptive behaviors, including substance abuse (Shepherd et al., 2021).
This population needs a culturally competent program that offers a safe place to feel a sense of belonging, while providing an
outlet to kinesthetically work out any potential stressors and enhance physical wellbeing. As our society embraces a post COVID-19
pandemic, Neutral Ground's Boxing Club will positively impact overall development, self-discipline, teamwork and promote a
healthier lifestyle which will build peer culture and embrace healthy strategies to promote physical and mental wellness.
The youth who attend the boxing program, will also be able to attend restorative circles after the boxing sessions. Restorative
circles are an evidenced based restorative practice that draws attention to positive climate and culture, providing a space for
children to address their problematic behavior and increase social -emotional behavior strategies (Evanovich et al., 2020). When
implemented, prevention and positive responses to challenging behavior is emphasized and a whole -health framework is then
adopted (Evanovich et al., 2020). These restorative circles that will be offered after the boxing sessions, allows for a two -pronged
approach to address the physical and social emotional health among the youth who engage in the boxing club. It is rare to have a
program that takes this two -pronged approach that includes fostering physical and mental wellness.
4. Details of Collaborations with Local Organizations
Neutral Ground has been operating in the heart of Santa Ana for the past 30 years and has established a strong network of
collaborative partners. The founder, Nati Alvarado, was a teen father himself at the age of 15. His passion to help others and avoid
the trauma and heartache that he and his family experienced in his youth have given him the desire to pursue this work and lead
his agency with a strong collaborative spirit. His deep commitment to new and existing partnerships demonstrates a strong
foundation of collaborative readiness for a wide range of community activities and events.
Over the past 10 years Neutral Ground has participated in The California Endowment's Building Healthy Communities (BHC)
Initiative within Santa Ana Unified School District, developed the Summer Night Lights Program with funding from the City of Santa
Ana which served thousands of youths from all over the city. In addition, Neutral Ground was selected as a partner to provide job
preparation and drug abuse prevention in the Prop.47 grant with the alternative education programs within SAUSD and funded to
provide Restorative Practices at secondary schools throughout the community. Neutral Ground also implemented the Proud
Parent grant in SAUSD which included a collaborative partnership with community agencies and OC Probation Department. The
partnership was so successful the Memorandum of Understanding has been renewed although the grant ended several years ago.
Throughout the years Neutral Ground has been a reliable and cutting -edge community agency ready and willing to serve the
community through collaborations and partnerships with law enforcement agencies, school districts and other community
agencies.
5. Innovation in Service/Delivery
NG has developed an innovative proposal including evidence -based practices that will prove effective with this uniquely vulnerable
population, the NG-Boxing Club will Implement a comprehensive two -pronged approach to developing a boxing Club to promote
physical training and social- emotional wellness. Rarely, do programs target two areas of health in one program. This system will
support highly impacted youth from COVID-19 challenges. Neutral Ground will be providing a supervisor who will coordinate
linkages to urgent resources for the gaps in basic needs while facilitating restorative circles to rebuild social -emotional health.
Neutral Ground has a long-standing commitment to serving the most vulnerable and is known for incorporating trauma -informed
care into services. Trauma -informed care is a strength -based approach that emphasizes physical, psychological, and emotional
safety to create an environment for participants to rebuild a sense of control and empowerment (Hopper, Bassuk, & Olivet, 2010)
NG activities will be conducted in safe spaces where youth feel culturally, emotionally, and physically safe. NG staff have extensive
training on the evidence -based services, and many have first-hand understanding of the life struggles that impact today' s youth.
The majority of the NG- Boxing Club staff members will be from Santa Ana and are culturally proficient and bilingual. NG will
maximize the potential of each participant by setting and achieving individualized goals and plans. A famous quote from a student
n San Francisco once advised a conference room of service providers, "A child will walk around trouble and away from trouble, if
they have someone to walk with and somewhere to walk to." By receiving funding for this multifaceted Boxing Club, Neutral
Ground will be able to expand and fulfill this dire need for so many of the lost and impacted youth in our city.
EXHIBIT B
FEE PAYMENT SCHEDULE
Exhibit B
FISCAL YEAR 2022-2023
PROPOSED PROGRAM BUDGET
Organization Name Natis House dba Neutral Ground
Program Name NGBC (Neutral Ground Boxing Club)
Term: July 1, 2022 to June 30, 2023
EXPENDITURES
Enter budget categories and oroiected expenditures:
Category
Expenditures
Funded By
Santa Ana
REVIVE Funds
Expenditures
Funded By
Other Sources
Program
Budget
Total
Organization
Budget
Administrative Staff Salaries
$0
$0
Program Staff Salaries
$58,425
$58,425
$ 58,425
Contractual Services
$0
$0
Other-
$63,747
$63,747
$ 63,747
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
TOTAL
1 $122,172
$0
$122,1721
$122,172
PROGRAM RESOURCES
LIST ALL OTHER PROGRAM RESOURCES FOR 2022-2023
Funding Source Total rr
Attachment 1(a)
ust equal vrogram buaget i otai iistea aoove.
FUNDING SOURCE AMOUNT
Santa Ana REVIVE 1 $ 122,172
ITOTAL I $ 122,172 I
Exhibit B
2022-2023 REVIVE BUDGET LINE ITEMS
ADMINISTRATIVE STAFF
Position Title Annual Salary & Benefits REVIVE Funds Description
PROGRAM STAFF
Position Title
Annual Salary & Benefits
REVIVE Funds
Description
1 Program Supervisor
28,080
28,080
$27 x 20 hrs p.week x 52 weeks
4 Trainers and RP Leads
26,880
26,880
($20 x 8 hrs p.week x 42 weeks) x (4 workers)
1 Admin Support
3,465
3,465
$21 x 5 hrs x 33 weeks
CONTRACTUAL/PROFESSIONAL SERVICES
Type of Service Contract Amount REVIVE Funds Description
OTHER LINE ITEMS
Line Item
Program Amount
REVIVE Funds
Description
Student Bus Passes $1,200: For transportation
Other
$ 63,747.00
$ 63,747.00
to and from boxing
Snacks, Water & Food $5,000: For students.
Pizza Party Incentive for reaching milestones
etc
Program Equipment $7,000: Equip for training,
gloves, ring set-up, headgear, shoes, towels
etc
Rent $30,000: Training location (12 months x
$2,500)
Liability Insurance $4,000: Insurance Premium
Transportation/Van Rentals $2,100: For
recreational excursions and tripst to boxing
tournaments
Transportation $840: Fuel fill -ups
Tournament/Competition Fees $2,500:
Supplies for recreation activities
Indirect Cost $11,107: 10% (from whole
budget subtotal of $111,107)
Attachment 1(b)
EXHIBIT C
FEDERAL AWARD IDENTIFICATION INFORMATION
The General Program Requirements were designed to provide the framework where the
CONTRACTOR will provide ARPA programs identified in this attachment.
I. 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.
II. 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.
IV. FEDERAL AWARD IDENTIFICATION
FAIN INFORMATION
A.
CONTRACTOR Name:
NATI'S HOUSE DBA NEUTRAL GROUND
B.
CONTRACTOR'S Unique
079536874
Identifier (D-U-N-S):
Federal Award
C.
Identification Number
SLFRP 1059
(FAIN):
D.
Federal Award Date:
5/19/2021
E.
Subaward Period of
7/l/2022-6/30/2023
Performance:
Total Amount of Federal
F.
Funds Obligated by the
$122,172
Action:
Total Amount of Federal
G.
Funds Obligated to the
$122,172
CONTRACTOR:
H.
Total Amount of the
$64,180,406.50
Federal Award:
Federal Award Project
American Rescue Plan Act (ARPA)
L
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:
kridge(d),santa-ana.org
M.
CFDA Number:
21.027
CFDA Name:
Coronavirus State and Local Fiscal Recovery Funds
N.
Whether Award is R&D:
No
O
Indirect Cost Rate for the
de minimus or federally negotiated rate
Federal Award:
EXHIBIT D
DEBARMENT
['e:cawcwWg'
LrMmr[' -1n ItI 'mmd rc Tn:4'J-n Ftl:Wre
Lehi Iirwaoe
ibmYnli�uY�Fh IMrplrmb*_.gryEwmnxRJl 12!+u. lxt.—d
5"... 1 M Pay E. %" 4m r wmiV IN try brats nne
ph-. gYl'e1d'' -bryl RMWltlI
IF 4ORE COMPLETING CERTIFICATION. READ INSTRLCTIONS FOR CERTIFICATION
-
Atadedl
III lh pvgvaHatyietdBkdwYaaAtlalaY�r,ilW�ilLpgl�
Ra wgcdmLpl Ipth t�ep�'b}rt4rpo�lAhy^I►rid�L
dsMd Pik, a 'pti A. p fi*&W • j6 UtI1N,e tj �M1
III ➢l-Yt p.pmi,e rccipa afedersl aziv rull mw, w cenity roan ore
u in This =i Eextil. such plgvtill pa ,OV11 sh all amchau"11,,Itinn to this
pmpmal
Name all rile of nmhomed Re —1-
Uft
1>iSINI[T- II1N1 h N I lhi[Allllx
I V,.pn<W.m�wq Mfnry�uL V. i<^Nn.ti rafynrfnbf ania.r:f W,
npn^dar�mu! nalwM.
-. fk mAkw alW nhua i%.m Jnl.e.r afa i. -W nh.nnI
pfxa3.hn Vwtrar>u..aabA— I[ fin do d�mvd ha to �m —
n i�iel W Gw : nwoa; W —,q -,.w m emnme nmr— H
'•`__ a�irq•,k. nahW aml Vs&e:fnwno[a Mf, MirttYr
INOI.IN per vld"t �a+.sex �di(elnw�'u k.mxN
]. ik µv�e�.ne nniryy wikN a�w[t flrW �Jl p.n.k mrnL.e xrinn
w Je p^.n a .,l,av rvn �,y.al n wlmeN dy of I^e R PM1wit nq`7w I'
[>4sl a�x• W�MnM nrtnurtw .n m•rwR .I.w 4mn.fn 6w
M a f[..ar..•L ram. J.�pJ
d'nor,r>trh pcVajed-aa�.N uJ7[�. hr.eh�ne idalN
aJ �ivgenen.o ufrJa nal�:pF ne [wk 11� Yeu n.�owan Je
a xti3 Wn l.apnW in nd.nnni 6 ate," _ • �la'.iry 1 aP of d�
".[hrp[.gwlelnpd[,�>me.�ra,s,�e,q>dn.n�w��J�
Jadl Vkpq.d [am1 �k�� i J�xiv.+eh rnv ow am
lo.v4vw�l �+N. pmoo.pa aiwcl. ft��J, x[h.wr,f y�ilc.
a.d.esr. ...ea Tl:¢a.;ewmf mwn wkx aAwnJ M
Isv�"
!. ik .r�ntne iaywa Y fAtJ amlm le.k 6.ha apee. U +d.aoeF W
�nymfl�lu..il rtelxYhnLeeCll'd�loVGsmpgadoj W�er�a!xyoru
Ia�M1I� W •deAn Jw'n - Wn Pc CwrnJ Sras+.ni x(�
.. nJl Urn od cwmd eomm d'a >V w.is.n•n•..cv
w V usennne
1. AVnegY.nlwienrl Weave[n�.pl.(o.[[mif-�ni:l�fn,.�.,�iriu,.ryw
'n a b.n Iv[vioN traan.�m n o neaianJ. e^I��KK, u.',n.Nx. ..,Jur!n
cxWl(nm vrv.mJh.eaxa Wwalmn•wr. i4;mlxw.nnunr.�.� A
Pn=��S lcdrh n�J hoµnjryx.rh.i y..- 7-�y!•J[nW6
paapd, r�"-p.l�y"d.nmywa einE, l lk l w,l t.nknl tJrryy
Lli02lNlh� ��nn�
.ti.RfreNq ow lhLht .rwrq,.nrau+ih, h.Wam 16,
N�xn wrnaaMgyW Whli[mtif err'til Ik•cW. 14
.dn r."-a.low nextNB nlyh en.wlA
prNI+•m v.-- Ik gym, awns dry..,vA.,
A I:uepl luetro dim—lh—d unJ..Iunugvlh 5oflh,, iasmelioas. if, farlieipmt in
T i
i 2Iml Wil kmnillgly emins. ialo a Ima'r lia cm emltransaclion uih a pelvm
xho is suge k L dcbmrol. mlig& or Aw ily ux I kd Gum papti, in M
Irmsa ,, in addilimlomlxr rem+liesaeailableb 1, ledaol Govemmmt the DOl, ma)
pursue ar'slable remedies. incldingsuspcnsim anNm debamem
EXIflBrr L
LOBBYI%G
['coif-mP,,.4i;Ld X
irhr l'•imriGr►i�Inrrt N['anxh h•r.4y�yy
Ik.ekmptdmd r e dhm "'.m dp wd edrr.nz
f1I WF.W xmpliw ka6 Jr
+�� bam pew 6 wR..r�y w �gri.F b amaw n rGm n mpyrt N
+d eq•.1b*nd[erpax. n..'M1mwa wq wnmNyarfbi•w
IkeLv ofLypF¢vmmmm�+r.`.:e a.aaq F daq rAvlydrtlhe.alvF
n4dP • ✓'edRnxrr. �.aLmeom aeodifawn ail
of F,wv.; p.. �'n a r�w+�i•r.grvwr.
h:l rfa•.lwrwlx. ihm Feli.yppryalfi��ekmlMw.ikryWdns�pnn
fwryrc.; :.ip r.. cybw dn�s�w�eq�bis Na Nre¢rd C.gye..a
iL. VNoil nrurt �. kwwoogmGVx�®uC Je iaMvya2 ddl
� MVI.�yrC.h �ara'ml![rnCCL 7Lckar Fmm b &efon Lollrr iq' orux�.v
xrN iCrvwu�nm
h:+i!r uH:y ]�hll—} N'o IUa ruiifr 6i nhawJ
Aavwns fn a� u3exN•e ill hies ink yl tact .htyniC nE mbav Wm
mze >d �mgrttire apmhmrh W Arx ill �e.brrmw .ry.� anii! W dieae
tt�i ml•
Ihr Vrn:ux.nn � hwrm. �rr+wi.nN Yq rpe•ki Mrae .a Flan!•4. �r
xx ma4 aereNimshAxiwwn.Ndesmhf hmeeCrweCuuhebaaG'C
:re�rn nit— rgnaGSmjfn rid:. lift ll.lh.i[hde r<��y.rh
Gila hn fL B
$1 leA fGp Lrgd uxwmeSu W �e uljrp ba rsnl pw� erw[ Iwdmilomlab
� mpn un 11 A GiLrt
umNnb.orw ogwmin I-k
mrAc.;r»umwr rw,
SUBRECIPIENT watents lk foll,,,iop
I. NOWWEiT xin oc la r.iih M41w ILti. Ink 41dW Cnil lt.&Aii. 1�
W Ij.S C.— m d"I md+Kkenl�ry tV .....�n;Ifsk Mr I
!k penaom G lnetd 3TxerYWie•nr P�..l coke. ra"n..w .�
R k n .... fnn ryr..py st iti w k dad ikprc. k M, W. a N unfrAr+ k
Cuy�Ji.rc ie fr e� Kin • avny 1. ie �dt a u AI^ •�1 ae+�IS
dnelry� AvN n�k —IJlr A( I'
:. .d;l Islam snl =eth av{:mrdG aelrws,r wlovbrsm Hthe prnm�rtM
.sr.xxs `'�n nhek«mpw� �u,ip JnF3naYY fdYf Uu>tkpil!
uaSesxrsx.rw kr Bun 4.x Q en�kLa S Cwn9e IsJlsek-m Y
xw, st Ib.�rBwx.W. u �ndd : saran I.Y I I-!. nm•F,.
mf,ilwi.w ptiym KH.tf frc ulitb Ill .aMrxrccd, a.0 I'mnt ttnpnwiat tM
wi,.n.ia� w m � hp*xS a'atwt EnefM rc. -- ' fn fa sxA.n, m W
ae rp pB.yxae mrygy u>n.t�esotem„. ".
4. SUBRECIPIENT Al comply xith all FederJ valates applicable to projM f Med x,th
ity deselop— fulls, except tha (a) SUBRECIPIENT does tat assunre CITYS
aenW responsibilities daenkd a 14 CFR MIN; end Ib) SUBRECIPIENT does rws
aaoee CITY'S responsibility f daiaing the rcvim process under Ealsvti,e Order I2371.
FXII1631 V
DRUGFRF.F. WOk&P1..10E
C.k'dr�ali _Rwrdi.e Dr Fw N'wrkpUl Rnmi—ml
IN �. In is i - ".avail W—in. .hLi Nurre IL.N q Ik
r s Depmrt,n .r ]tome, W 1 � m �w , Ik ❑x Ir f i, leer
d.lwm.td �hs►a--m 4f ardced. Wh f 41 ,'"_ tle
�q xnn w 9le D •rm• N'a pk .+ Vt l 4 Fk of PF. T � I the
f�tkpacfa s, aNi�ian.@ Mn ImNn.�vlaGkn i&iN l Vi— ew:
wrn v�.ircJm4.lk Drgf rtr w'wl�.w a.t
fF,�jVSiCAil1!\
a itreao+x rtmf.•rCni r,l pre,�ek.; frr rah�P.rrh
iaV p�ylel.ni . mif{nl mylyre. •y Ik wrcnfJ mn
6mihmv, dipe� Rexveen ierefa ob^nkJ uhune i� puA] led m
-Pll- 0ImUl— Huvh 1rnFiry Nr xwu Ihr .,II k IaV..x yww
14�,tr
[M FeeVt{i�Cag aS.r Sq n.rtaarryff ., nkn cl%nm daa
Ilf fk d�mNiW,•abeenlFe xulphCe.
{=1 r&nnravi epd'c{ efxvo..ue{ as.�-•in .off.
{il AR u.4hk Jrm moedo6 id,hlil.rin .+S inrrann �.�
pMfan. ni
I[I .W1im n a rapueaeme Iha wk fflql)�s -y Hill h �o a Ik
h,a aw dk vam.e m{um1 M wa.ve
1AV u+r _.— . rWa.rn15, WSmik AM
{II r,ndn nr l�a�.er pta+anw: re
lb „-"h d.- geaof vi.W klk aaia a.,4ao. rm.liiWim
tiia.r n U-Av—. WnI fneo! d. uh mm"
IN Ntihwyhlis Dgml®I,ifl-lmi lihn Da.l"xihe
.fle aaainq m4. bpshown Id.21 Hm.h rvpb{re n rdietiirr
ail 1AL, w W mr M6., �t -1� I. e"'I .6', over �r
wkpail+od,eN'-L xdrc ,K o,m?r ,. a xh.,4 WnicW-
III figlC{ryr�t Ynarl sum[sd nvyYnv m�vA
in Siy rnnnvm.m
RI p�.a� rwA mpenr r Iwinpt �f>Nmi� n N by Ibwr
r x rtahliw. �av aq.vwf b v.h prxrn M
hMrl Atx w kei bek M _ a uln gpegeirt
4crc`.
ICI AWMLI&A 1l duium�bvmNmaSiia � iAwih
mpkwa o01 paW4 ill ft-IWlna m
H *k we�w �YII¢m•ii epee pmil�uiEeastd "P+.+of RR.�miace
Wa Ae i."& Ww��a+wlmtr as .;a J. ��fug
Ii ilfrreen tlidt^>F.m�'. m, nl almA Je nmrfwhai
�3e dihtls>dltimJ tik. rillhrea fa Lhe r*-
rl xpl miler dreavra Ytl meth hilti. ( of 16n'vy xu' l'im
D04�Leh w wh Atlmwwo ,NI
mixd 9lNn efhfi-kaa
>tl�.f,.f r.. �.
4 N�" *Icx'
PLACE OF PFIZVO RHANCE
FOR CE RTIFICATION R EGh RING QRUC-FREE
WORKPLACE REQUIREAI&YTS
>� t,,l r,W...�
s.�, A., Lr ft of
AGREEMENT BETWEEN THE CITY OF SANTA ANA AND
NATI'S HOUSE DBA NEUTRAL GROUND FOR USE OF
AMERICAN RESCUE PLAN ACT (ARPA) FUNDS
This Agreement is hereby made and entered into this 3rd day of May, 2022, by and
between the City of Santa Ana, a charter city and municipal corporation organized and existing
under the Constitution and laws of the State of California ("CITY"), and Nati's House DBA
Neutral Ground, a California domestic nonprofit corporation ("SUBRECIPIENT" or
"CONTRACTOR").
RECITALS:
A. The American Rescue Plan Act ("ARPA") was signed into law in March 2021. ARPA
provides funding for a number of different programs, including the Coronavirus State and
Local Fiscal Recovery Fund ("SLFRF"), to provide monetary support to local governments
to respond to, mitigate, and recover from the COVID-19 public health emergency.
B. On July 20, 2021, the Santa Ana City Council authorized the City Manager to utilize ARPA
SLFRF funding from the United States Department of Treasury for the Revive Santa Ana
Spending Plan, which includes five spending categories: recovery from the pandemic, direct
assistance programs, public health and safety, critical infrastructure, and city fiscal health.
C. SUBRECIPIENT has been selected by the CITY to receive ARPA SLFRF Funds in order to
provide youth programs, including: early childhood support; head start; day care; after school
tutoring; athletic; and, youth violence prevention, in accordance with the Scope of Work
attached hereto as Exhibit A and incorporated herein by reference ("said program").
SUBRECIPIENT represents that it is qualified and willing to operate said program and
certifies that the administration of said program carried out with funds provided under this
Agreement will meet ARPA's objectives to respond to, mitigate, and recover from this
historic COVID-19 public health crisis.
D. SUBRECIPIENT agrees that it will adhere to the tasks and services as indicated in Exhibit A
for said program. Failure to follow the requirements and meet the stated expectations may
constitute breach of contract that could result in termination of this Agreement or serve as
reason for the CITY to recapture the grant funds awarded to SUBRECIPIENT pursuant to
this Agreement.
WHEREFORE, it is agreed by and between the parties that the foregoing Recitals are a
substantive part of this Agreement and the following terms and conditions are approved and together
with all exhibits and attachments hereto, shall constitute the entire Agreement between the CITY and
SUBRECIPIENT:
I. ARPA PROGRAM PROVISIONS
A. Scope of Work. SUBRECIPIENT shall be responsible for the specific tasks and
services of said program, and agrees to administer said program in compliance with the tasks and
services as described in the Scope of Work attached hereto as Exhibit A. SUBRECIPIENT's failure
to perform as required may, in addition to other remedies set forth in this Agreement, result in
readjustment of the amount of funds for said program or termination of this Agreement.
B. Term of Agreement. The term of said Agreement shall commence on July 1 st, 2022,
and continue through June 30, 2023 ("Term"), unless terminated earlier pursuant to the terms of
this Agreement. This Agreement shall also cover any and all services provided by the
SUBRECIPIENT to the CITY since the date the ARPA SURF Funds were awarded to the CITY.
Additionally, the Term of this Agreement may be extended by a writing executed by the City
Manager, or designee, and the City Attorney.
C. Amount of Grant Funding. The total amount of funds provided for said program
shall not exceed One Hunder Thirteen Thousand One Hundred Eighty -Three Dollars and Zero
Cents ($113,183) ("ARPA SURF Funds") during the Term of the Agreement. SUBRECIPIENT
agrees to use said ARPA SURF Funds to administer said program as outlined in Exhibit A.
D. Disbursement of Funds. Said ARPA SURF Funds shall be disbursed by CITY to
SUBRECIPIENT pursuant to the terms found in the Fee Payment Schedule attached hereto as
Exhibit B, with payments subject to the submittal of invoices and other reporting requirements,
as hereinafter more fully set forth. SUBRECIPIENT shall be obligated to perform such duties as
would normally extend beyond the term, including, but not limited to, obligations with respect to
indemnification, audits, reporting, data retention/reporting, and accounting. Failure to provide any
of the required documentation and reporting will cause CITY to withhold all or a portion of a
request for ARPA SURF Funds, or return the entire request to SUBRECIPIENT, until such
documentation and reporting has been received and approved by CITY.
(1) Reduction in ARPA 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 SUBRECIPIENT's rate of
expenditure will result in unspent funds at the end of the program term. Amendments in the grant
allocation will be made after consultation with SUBRECIPIENT.
(3) Reversion of Assets. SUBRECIPIENT agrees that any and all funds received
under this Agreement shall be utilized during the Term of this Agreement, and that any and all funds
remaining as of the end of the Term, which have not been utilized, shall be returned by
SUBRECIPIENT to the CITY within thirty (30) days of the expiration or earlier termination of the
Agreement. No expense of SUBRECIPIENT will be reimbursed by CITY if incurred after the end
of the Term of the Agreement.
2
E. Grant Program Requirements.
(1) SUBRECIPIENT acknowledges that the source of funding for said program is the
federal ARPA, and that payments from the ARPA SURF Funds are only to be used to make
necessary expenditures incurred due to the public health emergency with respect to COVID-19.
(2) SUBRECIPIENT acknowledges that ARPA provisions allow the use of ARPA
SURF Funds to respond to, mitigate, and recover from the COVID-19 public health emergency, and
will not use these funds for any other uses.
(3) SUBRECIPIENT shall follow the process and determination of eligibility for
participants in said program as outlined in Exhibit A.
F. Performance Monitoring.
(1) SUBRECIPIENT shall submit program performance information as often as
requested by CITY, but no less than the submission of monthly reports and a final report to CITY
with the information requested by and in the format acceptable to CITY. Each monthly report is due
within thirty (30) days of completion of work for each month. The final report is due within thirty
(30) days after the termination or expiration of this Agreement.
(2) CITY will evaluate SUBRECIPIENT's management and operation of said
program with respect to the project expectations as described in Exhibit A.
(3) CITY will review the audit of the SUBRECIPIENT to ensure that grant funds are
used for authorized purposes in compliance with laws, regulations, and the provisions of contracts or
grant agreements under this Agreement, including attachments and exhibits.
(4) If action to correct any substandard performance is not taken by the
SUBRECIPIENT within a reasonable period after being notified by CITY, suspension or termination
procedures may be initiated by CITY.
(5) All performance shall be subject to review by the CITY or other regulatory
agencies at all times. SUBRECIPIENT shall provide adequate cooperation to any inspector or other
CITY representative to permit the same to determine SUBRECIPIENT's conformity with the terms
of this Agreement. If any services performed by SUBRECIPIENT are not in conformance with the
terms of this Agreement, the CITY shall have the right to require SUBRECIPIENT to perform the
services in conformance with the terms of the Agreement at no additional cost. The CITY may also
terminate this Agreement for default and charge SUBRECIPIENT for any costs incurred by the CITY
because of SUBRECIPIENT's failure to perform.
(6) SUBRECIPIENT shall establish adequate procedures for self -monitoring and
quality control and assurance to ensure proper performance under this Agreement; and shall permit a
CITY representative or other regulatory official to monitor, assess, or evaluate SUBRECIPIENT's
performance under this Agreement at any time, upon reasonable notice to SUBRECIPIENT.
G. Audit.
(1) SUBRECIPIENT shall maintain complete and accurate records and supporting
documentation to facilitate financial and/or program audits by CITY. This requirement shall apply
to any records and documentation CITY shall reasonably require or as required to be maintained
pursuant to the ARPA regulations.
(2) The books and accounts, files, and other records of SUBRECIPIENT, which are
applicable to this Agreement, shall be available for inspection, review, and audit during normal
business hours by CITY to determine the proper application and use of all ARPA SLFRF Funds
provided to or for the account or benefit of SUBRECIPIENT.
(3) SUBRECIPIENT assumes responsibility for reimbursement to CITY a sum of
money equivalent to the amount of any expenditures disallowed should the CITY, or an authorized
agency, rule through audit, exception, or some other appropriate means, that expenditures from funds
allocated to SUBRECIPIENT for direct and/or administrative costs were not made in compliance
with the applicable cost principles, regulations, or the provisions of this Agreement.
(4) SUBRECIPIENT agrees to comply with the requirements of OMB Uniform
Guidance 2 CFR Part 200. SUBRECIPIENT further agrees to provide CITY with a copy of
completed independent auditors' report within thirty (30) days of CITY's request for such report. If
the report contains instances of non-compliance with federal laws and regulations that bear directly
on the performance or administration of this Agreement, SUBRECIPIENT shall provide CITY copies
of responses to auditors' reports, a plan for corrective action, and auditors' response that the
noncompliance has been resolved. All reports prepared in accord with the requirements of OMB
Uniform Guidance 2 CFR Part 200 shall be available for inspection by representatives of CITY or the
federal government during normal business hours.
(5) All accounting records, reports, and evidence pertaining to all costs, expenses
and the ARPA SLFRF Funds of SUBRECIPIENT and all documents related to this Agreement
shall be maintained and kept available at SUBRECIPIENT'S office or place of business for the
duration of the Agreement and thereafter for five (5) years from the date of final payment under
this Agreement. Records which relate to: (a) complaints, claims, administrative proceedings or
litigation arising out of the performance of this Agreement; or, (b) costs and expenses of this
Agreement to which CITY or any other governmental agency takes exception, shall be retained
beyond the five (5) years until complete resolution or disposition of such appeals, litigation claims,
or exceptions. In the event SUBRECIPIENT does not make the above -referenced documents
available within the City of Santa Ana, California, SUBRECIPIENT agrees to pay all necessary and
reasonable expenses incurred by CITY in conducting any audit at the location where said records and
books of account are maintained.
H. 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
M
the CITY or to third parties. SUBRECIPIENT agrees not to release or circulate in whole or part
such materials, reports, or products without prior written authorization of the CITY.
I. Close -Out. SUBRECIPIENT agrees to comply with the closeout procedures
detailed in 2 CFR §200.343, including the following:
(1) SUBRECIPIENT must submit, no later than ninety (90) calendar days after the
end date of the period of performance, all financial, performance, and other reports as required by
the terms and conditions of this Agreement;
(2) SUBRECIPIENT must promptly refund any balances of unobligated cash that
the CITY paid in advance or paid and that is not authorized to be retained by SUBRECIPIENT for
use in other projects (See OMB Circular A-129 and 2 CFR §200.345); and,
(3) CITY should complete all closeout actions for the Federal award no later than
one year after receipt and acceptance of all required final reports.
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; (ii) it has
carefully considered how the services should be performed; and, (iii) it fully understands the
facilities, difficulties and restrictions attending performance of the services under this Agreement.
(4) No Conflict. To the best of SUBRECIPIENT'S knowledge,
SUBRECIPIENT'S execution, delivery and performance of its obligations under this Agreement
will not constitute a default or a breach under any contract, agreement or order to which
SUBRECIPIENT is a party or by which it is bound.
(5) No Bankruptcy. SUBRECIPIENT is not the subject of any current or
threatened bankruptcy proceeding.
5
(6) No Pending Legal Proceedings. SUBRECIPIENT is not the subject of a
current or threatened litigation that would or may materially affect SUBRECIPIENT'S
performance under this Agreement.
(7) Proposal Veracity. All provisions of and information provided in
SUBRECIPIENT's proposal submitted to CITY, including any exhibits, are true and correct in all
material respects.
(8) No Pending Investigation. SUBRECIPIENT has no knowledge that it is the
subject of any current or threatened criminal or civil action investigation by any public agency,
including without limitation a police agency or prosecuting authority, which would relate to or
affect performance of the Agreement or provision of services hereunder.
B. Licensing. SUBRECIPIENT agrees to obtain and maintain all required licenses,
registrations, accreditation and inspections from all agencies governing its operations.
SUBRECIPIENT shall ensure that its staff shall also obtain and maintain all required licenses,
registrations, accreditation and inspections from all agencies governing SUBRECIPIENT's
operations hereunder. Such licensing requirements include obtaining a City business license, as
applicable.
C. Zoning. SUBRECIPIENT agrees that any facility/property used in furtherance of said
program shall be specifically zoned and permitted for such use(s) and activities. Should
SUBRECIPIENT fail to have the required land entitlement and/or permits, thus violating any local,
state or federal rules and regulations relating thereto, SUBRECIPIENT shall immediately make good -
faith efforts to gain compliance with local, state or federal rules and regulations following written
notification of said violation(s) from the CITY or other authorized citing agency. SUBRECIPIENT
shall notify CITY immediately of any pending violations. Failure to notify CITY of pending
violations, or to remedy such known violation(s) shall result in termination of grant funding
hereunder. SUBRECIPIENT must make all corrections required to bring the facility/property into
compliance with the law within sixty (60) days of notification of the violation(s); failure to gain
compliance within such time shall result in termination of grant funding hereunder.
D. Separation of Accounts. All funds received by SUBRECIPIENT from CITY pursuant
to this Agreement shall be maintained in an account in a federally insured banking or savings and
loan institution with record keeping of such accounts maintained pursuant to applicable 2 CFR
200.302 requirements. SUBRECIPIENT is not required to maintain separate depository accounts for
ARPA SLFRF Funds; provided however, the SUBRECIPIENT must be able to account for receipt,
obligation, distribution and expenditure of ARPA SLFRF Funds pursuant to applicable 2 CFR
200.302 requirements.
E. Audit Report Requirements. SUBRECIPIENT agrees that if SUBRECIPIENT
expends Seven Hundred Fifty Thousand Dollars ($750,000) or more in federal funds,
SUBRECIPIENT shall have an annual audit conducted by a certified public accountant in accordance
with the standards as set forth and published by the United States Office of Management and Budget.
SUBRECIPIENT shall provide CITY with a copy of said audit by April I of the year following the
program year in which this Agreement is executed.
2
F. Compliance with Law/Program Income. SUBRECIPIENT acknowledges that the
funds being provided by CITY for said program are received by CITY pursuant to ARPA, and that
distribution and expenditure of these ARPA SURF Funds shall be in accordance with ARPA and all
pertinent regulations issued by agencies of the federal government, including, but not limited to, all
regulations found at Title 24 of the Code of Federal Regulations. Any program income received by
SUBRECIPIENT shall be returned to CITY, unless otherwise provided for in this Agreement.
SUBRECIPIENT agrees to comply fully with all federal, state and local laws and court orders
applicable to its operation and administration of said program, whether or not referred to in this
Agreement.
G. Debarment. To protect the public interest and ensure the integrity of Federal
programs, CITY may only conduct business with responsible persons and may not make any award
or permit any award to any party which is debarred or suspended or is otherwise excluded from or
ineligible for participation in Federal assistance programs under Executive Order 12549,
"Debarment and Suspension". See also 24 CFR 570.609. SUBRECIPIENT must review and sign
Exhibit D "Debarment", which is attached hereto and incorporated herein by this reference.
SUBRECIPIENT shall be in good standing, without suspension by the California Secretary of State,
Franchise Tax Board or Internal Revenue Service. Any change in the corporate status or suspension
of SUBRECIPIENT shall be reported immediately to CITY.
H. Confidentiality. Without prejudice to any other provisions of this Agreement,
SUBRECIPIENT shall, where applicable, maintain the confidential nature of information provided
to it concerning participants in accordance with the requirements of federal and state law. However,
SUBRECIPIENT shall submit to CITY or its representatives, all records requested, including audit,
examinations, monitoring and verifications of reports submitted by SUBRECIPIENT, costs incurred
and services rendered hereunder.
I. Independent Contractor. SUBRECIPIENT agrees that the performance of obligations
hereunder is rendered in its capacity as an independent contractor and that it is in no way an agent of
CITY.
J. Violation of Terms and Conditions. SUBRECIPIENT agrees that if SUBRECIPIENT
violates any of the terms and conditions of this Agreement or any prior Agreement whereby ARPA
SURF Funds were received by SUBRECIPIENT, or if SUBRECIPIENT reports inaccurately, or if
on audit there is a disallowance of certain expenditures, SUBRECIPIENT agrees to remedy the acts
or omissions causing the disallowance and repay CITY all amounts spent in violation thereof. If
SUBRECIPIENT engaged in fraudulent activity to obtain and/or justify distribution or expenditure
of the ARPA SURF Funds granted hereunder, SU 3RECIPIENT shall be required to reimburse the
CITY of all such funds that were obtained, distributed and/or spent under fraudulent circumstances.
K. Fraud. SUBRECIPIENT shall immediately report all suspected or known instances
and facts concerning possible fraud, abuse or criminal activity related to said program for the ARPA
SURF Funds under this Agreement.
7
L. Prohibited Use. SUBRECIPIENT hereby certifies and agrees that it will not use
ARPA SLFRF Funds provided through this Agreement to pay for entertainment, meals or gifts, or
other prohibited uses.
M. Lobbying. SUBRECIPIENT certifies that it will comply with federal law (31 U.S.C.
1352) and regulations found at 24 CFR Part 87, which provide that no appropriated funds may be
expended by the recipient of a federal contract, grant, loan or cooperative agreement to pay any person
for influencing or attempting to influence an officer or employee of any agency, Member of Congress,
or an officer or employee of a Member of Congress in connection with awarding of any federal
contract, the making of any federal grant or loan, entering into any cooperative agreement and the
extension, renewal, amendment or modification of any federal contract, grant, loan or cooperative
agreement. SUBRECIPIENT shall sign a certification to that effect in a form as set forth in Exhibit
E, attached hereto and by this reference incorporated herein. SUBRECIPIENT shall submit said
signed certification to CITY prior to performing any of its obligations under this Agreement and prior
to any obligation arising on the part of CITY to pay any sums to SUBRECIPIENT under the terms
and conditions of this Agreement.
If any funds other than Federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any agency, a Member
of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall
complete and submit a "Disclosure Form to Report Lobbying," in accordance with its instructions
(Exhibit E).
N. Financial Interest. SUBRECIPIENT agrees that except for the use of administrative
fees to pay salaries and other related administrative or personnel costs, no persons who exercise or
have exercised any function with respect to administering said program under the 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 SURF Funds shall provide equal
employment opportunities for minorities and women.
Q. Women and Minority -Owned Businesses (W/MBE). SUBRECIPIENT will use its
best efforts to afford small businesses, minority business enterprises, and women's business
enterprises the maximum practicable opportunity to participate in the performance of this
Agreement in accordance with the requirements of 2 CFR 200.321 "Contracting with small and
minority businesses, women's business enterprises, and labor surplus area firms". As used in this
Agreement, the term "small business" means a business that meets the criteria set forth in section
3(a) of the Small Business Act, as amended (15 U.S.C. 632), and "minority and women's business
enterprise" means a business at least fifty-one percent (51 %) owned and controlled by minority
group members or women. For the purpose of this definition, "minority group members" are
African -Americans, Spanish-speaking, Spanish surnamed or Spanish -heritage Americans, Asian -
Americans, and American Indians. SUBRECIPIENT may rely on written representations by
businesses regarding their status as minority and female business enterprises in lieu of an
independent investigation.
R. Drug Free Workplace. SUBRECIPIENT agrees to provide a drug -free workplace and
to execute a certification as set forth in Exhibit F attached hereto and incorporated herein by this
reference.
S. Uniform Administrative Requirements, Cost Principles, and Audit Requirements
for Federal Awards. The following requirements and standards must be complied with: 2 CFR
Part 200 et al. SUBRECIPIENT shall procure all materials, property, or services in accordance
with the requirements of 2 CFR 200.318-326.
III. CITY'S OBLIGATIONS
A. Audit of Account. CITY shall include an audit of the account maintained by
SUBRECIPIENT in CITY's audit of all ARPA SURF 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
0
performed its obligations as stated in this contract in a satisfactory manner, or if the CITY
determines that insufficient supporting information has been submitted, the CITY shall notify the
SUBRECIPIENT in writing of its determination specifying in full detail the objections that it has
to the SUBRECIPIENT's performance. If action to correct such substandard performance is not
taken by the SUBRECIPIENT after being notified by the CITY, within a reasonable period of time
as stipulated in the written notification, contract suspension or termination procedures will be
initiated.
IV. GENERAL PROVISIONS
A. Non -Discrimination.
1. SUBRECIPIENT agrees to comply with Executive Order 11246, which requires
that during the performance of this Agreement, SUBRECIPIENT agrees not to discriminate against
any employee or applicant for employment because of race, religion, sex, color or national origin.
Such action shall include, but not be limited to the following: employment, upgrading, demotion, or
transfer, rates of pay or other forms of compensation, and selection for training, including
apprenticeship. SUBRECIPIENT agrees to post in conspicuous places, available to employees and
applicants for employment, notices to be provided by the SUBRECIPIENT setting forth the
provisions of this nondiscrimination clause.
2. SUBRECIPIENT agrees to comply with Title VI of the Civil Rights Act of 1964,
which indicates that no person shall, on the ground of race, color or national origin, be excluded from
participation in, be denied the benefits of, or be subject to discrimination under any program of activity
receiving federal financial assistance.
3. No person shall, on the grounds of race, sex, creed, color, religion, marital status,
national origin, age, sexual orientation, or physical or mental handicap be excluded from participation
in, be refused the benefits of, or otherwise be subject to discrimination in any activities, programs or
employment supported by this Agreement. SUBRECIPIENT is prohibited from discrimination on
the basis of age or with respect to an otherwise qualified handicapped person as provided for under
Section 109 of the Housing and Community Development Act of 1974, as amended.
4. SUBRECIPIENT agrees to comply with the Age Discrimination Act of 1975,
which requires that during the performance of this Agreement, SUBRECIPIENT agrees not to
discriminate against any employee or applicant for employment because of age. Such action shall
include, but not be limited to the following: employment upgrading, demotion, or transfer, rates of
pay or other forms of compensation, and selection for training, including apprenticeship.
SUBRECIPIENT agrees to post in conspicuous places, available to employees and applicants for
employment, notices to be provided by the SUBRECIPIENT setting forth the provisions of this age
discrimination clause.
5. SUBRECIPIENT agrees to comply with Section 504 of the Rehabilitation Act of
1973, which requires that no otherwise qualified individual with a disability in the United States, shall,
solely by reason of his or her disability, be excluded from the participation in, be denied the benefits
of, or be subjected to discrimination under any program or activity receiving federal financial
10
assistance or under any program or activity conducted by any executive agency or by the United
States Postal Service.
B. Conflict of Interest. Pursuant to the conflict of interest requirements set forth in 24
CFR 570.611 and 2 CFR 200.112, SUBRECIPIENT certifies that no member, officer, employee,
agent or assignee of CITY having direct or indirect control of any ARPA SLFRF Funds granted to
the CITY, inclusive of the subject ARPA SLFRF Funds, shall serve as an officer of SUBRECIPIENT.
Further, any conflict or potential conflict of interest of any officer of SUBRECIPIENT shall be fully
disclosed in writing prior to the execution of this Agreement and said writing shall be attached and
deemed fully incorporated as a part hereof. Notice shall be sent by SUBRECIPIENT to CITY
regarding any changes or modifications to its board of directors and list of officers.
C. Special Certification for Religious Entities. If SUBRECIPIENT is a religious entity,
SUBRECIPIENT hereby agrees that in connection with the provision of the services
SUBRECIPIENT shall provide with ARPA SLFRF Funds, in accordance with 24 CFR 570.2000):
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
11
section, the term "immediate family" means spouse, child, mother, father, brother, sister, brother-in-
law, sister-in-law, father-in-law, mother-in-law, son-in-law, daughter-in-law, aunt, uncle, niece,
nephew, stepparent and stepchild. The term "administrative capacity" means having selection, hiring,
supervisor or management responsibilities.
E. Notices. Notices to the parties shall, unless otherwise requested in writing, be sent by
U.S. Mail, postage prepaid, and addressed as follows:
TO CITY: City of Santa Ana
Lisa Rudloff
Executive Director
Parks, Recreation and Community Services Agency
20 Civic Center Plaza
P.O. Box 1988
Santa Ana, California 92702-1988
TO SUBRECIPIENT:
Nati's House DBA Neutral Ground
Nati Alvarado
Executive Director
1733 N Valencia St
Santa Ana, CA 92706-2930
F. Assi _ng ability. 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 and the results of that work by the Contractor, its agents,
representatives, employees, or subcontractors.
12
a. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad
as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00
O1 covering CGL on an "occurrence" basis, including products and completed
operations, property damage, bodily injury and personal & advertising injury
with limits no less than $2,000,000 per occurrence. If a general aggregate limit
applies, either the general aggregate limit shall apply separately to this
project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be
twice the required occurrence limit.
2. Automobile Liability: Insurance Services Office Form Number CA 0001
covering, Code 1 (any auto), or if Contractor has no owned autos, Code 8 (hired)
and 9 (non -owned), with limit no less than $1,000,000 (if program services
includes transportation of youth, the limit shall be no less than $5,000,000) per
accident for bodily injury and property damage. (Not required if an automobile
is not required to fulfill services.)
3. Workers' Compensation: insurance as required by the State of California, with
Statutory Limits, and Employer's Liability Insurance with limit of no less than
$1,000,000 per accident for bodily injury or disease.
4. Sexual Abuse or Molestation (SAM) Liability: If the CGL policy referenced
above is not endorsed to include affirmative coverage for sexual abuse or
molestation, Contractor shall obtain and maintain a policy covering Sexual
Abuse and Molestation with a limit no less than $1,000,000 per occurrence or
claim.
5. If the Contractor maintains broader coverage and/or higher limits than the
minimums shown above, the City requires and shall be entitled to the broader
coverage and/or the higher limits maintained by the Contractor. Any available
insurance proceeds in excess of the specified minimum limits of insurance and
coverage shall be available to the City.
b. Other Insurance Provisions — The insurance policies are to contain, or be endorsed to
contain, the following provisions:
1. Additional Insured Status: The City, its officers, officials, employees, and
volunteers are to be covered as additional insureds on the CGL policy with
respect to liability arising out of work or operations performed by or on behalf
of the Contractor including materials, parts, or equipment furnished in
connection with such work or operations. General liability coverage can be
provided in the form of an endorsement to the Contractor's insurance (at least
as broad as ISO Form CG 20 10 11 85 or if not available, through the addition
of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if a
later edition is used).
2. Primary Coverage: For any claims related to this contract, the Contractor's
insurance coverage shall be primary coverage at least as broad as ISO CG 20
0104 13 as respects the City, its officers, officials, employees, and volunteers.
13
Any insurance or self-insurance maintained by the City, its officers, officials,
employees, or volunteers shall be excess of the Contractor's insurance and shall
not contribute with it.
3. Notice of Cancellation: Each insurance policy required above shall state that
coverage shall not be canceled, except with notice to the City.
4. Waiver of Subrogation: Contractor hereby grants to City a waiver of any right
to subrogation which any insurer of said Contractor may acquire against the
City by virtue of the payment of any loss under such insurance. Contractor
agrees to obtain any endorsement that may be necessary to affect this waiver of
subrogation, but this provision applies regardless of whether or not the City has
received a waiver of subrogation endorsement from the insurer.
5. Self -Insured Retentions: Self -insured retentions must be declared to and
approved by the City. The City may require the Contractor to purchase coverage
with a lower retention or provide proof of ability to pay losses and related
investigations, claim administration, and defense expenses within the retention.
The policy language shall provide, or be endorsed to provide, that the self -
insured retention may be satisfied by either the named insured or City.
6. Acceptability of Insurers: Insurance is to be placed with insurers authorized to
conduct business in the state with a current A.M. Best's rating of no less than
A:VII, unless otherwise acceptable to the City.
7. Claims Made Policies: If any of the required policies provide coverage on a
claims -made basis:
1. The Retroactive Date must be shown and must be before the date of the
contract or the beginning of contract work.
2. Insurance must be maintained and evidence of insurance must be
provided for at least five (5) years after completion of the contract of
work.
3. If coverage is canceled or non -renewed, and not replaced with another
claims -made policy form with a Retroactive Date prior to the contract
effective date, the Contractor must purchase "extended reporting"
coverage for a minimum of five (5) years after completion of contract
work.
8. Verification of Coverage: Contractor shall furnish the City with original
Certificates of Insurance including all required amendatory endorsements (or
copies of the applicable policy language effecting coverage required by this
clause) and a copy of the Declarations and Endorsement Page of the CGL policy
listing all policy endorsements to City before work begins. However, failure to
obtain the required documents prior to the work beginning shall not waive the
Contractor's obligation to provide them. City reserves the right to require
complete, certified copies of all required insurance policies, including
endorsements required by these specifications, at any time.
14
9. Special Risks or Circumstances: City reserves the right to modify these
requirements, including limits, based on the nature of the risk, prior experience,
insurer, coverage, or other special circumstances.
I. Termination.
1. This Agreement may be terminated on thirty (30) days' written notice by either
party. In the event of such termination, SUBRECIPIENT shall only be entitled to reimbursement for
approved expenses incurred to the effective date of termination.
2. This Agreement may be suspended or terminated by CITY upon five (5) days'
written notice for violation by SUBRECIPIENT of Federal Laws governing the use of ARPA SURF
Funds. 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.
15
J. Limitation of Funds. The United States of America may in the future place
programmatic or fiscal limitations on the use of ARPA SLFRF Funds, which limitations are not
presently anticipated. Accordingly, CITY reserves the right to revise this Agreement in order to take
account of actions affecting ARPA program funding. In the event of funding reduction, CITY may,
in its sole and absolute discretion, reduce the budget of this Agreement, may limit the rate of
SUBRECIPIENT's authority to utilize funds, or may restrict SUBRECIPIENT's use of uncommitted
funds. Where CITY has been directed to implement a reduction in funding, with respect to funding
for this Agreement, CITY's City Manager or delegate is authorized to act for CITY in implementing
and effecting such a reduction and in revising, modifying, or amending the Agreement for such
purposes. If such a reduction in funding occurs, SUBRECIPIENT shall be permitted to de -scope
accordingly. Where CITY has reasonable grounds to question SUBRECIPIENT's fiscal
accountability or compliance with this Agreement, CITY may suspend the operation of this
Agreement for up to sixty (60) days upon five (5) days written notice to SUBRECIPIENT of its
intention to so act, pending an audit or other resolution of such questions. In no event, however, shall
any revisions made by CITY affect expenditures and legally binding commitments made by
SUBRECIPIENT before it received notice of such revision, provided that such amounts have been
committed in good faith and are otherwise allowable and that such commitments are consistent with
ARPA SLFRF Funds withdrawal guidelines.
K. Exclusivity and Amendment of Agreement. This Agreement supersedes any and all
other agreements, either oral or in writing, between the parties hereto with respect to the use of CITY's
ARPA SLFRF Funds by SUBRECIPIENT and contains all the covenants and agreements between
the parties with respect to SUBRECIPIIENT's administration of said program. Each party to this
Agreement acknowledges that no representations, inducements, promises or agreements, orally or
otherwise, have been made by any party, or anyone acting on behalf of any party, which are not
embodied herein, and that no other agreement or amendment hereto shall be effective unless executed
in writing and signed by both CITY and SUBRECIPIENT.
L. Laws Governingthis his 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.
16
O. Federal Award Identification Information. SUBRECIPIENT's pertinent Federal
Award Identification Information, including DUNS Number and Federal Award Identification
Number (FAIN), as well as the applicable information for ARPA, are included in Exhibit C
attached hereto and incorporated herein by this reference.
P. Miscellaneous Provisions.
1. Each undersigned represents and warrants that its signature herein below has the
power, authority and right to bind their respective parties to each of the terms of this Agreement, and
shall indemnify CITY fully, including reasonable costs and attorney's fees, for any injuries or
damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is
withdrawn.
2. All Exhibits and Attachments referenced herein and attached hereto shall be
incorporated as if fully set forth in the body of this Agreement.
3. This Agreement must be signed below and may be signed in counterpart and
delivered by fax, email as a PDF (Portable Document Format) file attachment, or by other means that
displays the original or a copy of the signatures. Any subsequent amendments may be signed and
delivered in the same manner.
{Signatures on following page}
17
IN WITNESS WHEREOF, the ponies hello Faye c—ded this Ap w,m as oflhe dale and year
ftm xa. above.
ATTEST: CITYOFSANTAANA
DAISYGOMEZ KRISTIN BRIDGE
Chaefthe( nail City Monte,
APPROVED AS TO FORM:
SONIA 0.CARVALHO
'—B¢ BRANDONSALVpTIERRA
Deputy City Anmey
RECOMMENDED FOR APPROVAL: SUBRECIPIENT:
LISARUDLOFF N ALVARADO
Exmative IS— E i_Oate_
hat,. Ree=ion and Cann airy Serviars Agmry D N: M9516874
EXHIBIT A
SCOPE OF WORK
Exhibit A
Scope of Work 4.1
Neutral Ground- Youth Violence Prevention
Program Component Descriptions:
Neutral Ground proposes to implement and facilitate an intervention model that has produced favorable results in many cities and
counties throughout California. The purpose of the Neutral Ground- Youth Violence Prevention Program (NG-YVP) is to facilitate
effective outreach and increase prevention efforts. In collaboration with Santa Ana Police Department, Santa Ana School Police, and
the Orange County Probation Department, a referral continuum will be established between our law enforcement partners and the
NG-YVP team. Youth of families victimized by violence and/or siblings of juvenile -justice involved youth and/or students showing
sudden changes in behavior, especially those demonstrating aggression will be referred to NG-YVP for restorative practices, support
services and linkages, and case management. To address the trauma -informed goal of the program, the Adverse Childhood
Experiences (ACE) Survey will be administered to all participants at time of enrollment. This trauma -focused screening tool will assist
providers to determine the level of intervention and targeted referrals/linkages needed for participants. Special attention will be
paid to youth/students who have been severely impacted emotionally, academically, and financially (home/basic needs) as a result
of the COVID-19 crisis. The ultimate goal is to redirect participants back to a positive trajectory and reconnect them to programs,
their schools, positive influences, and their family to build a violence- free, strong, healthy, and meaningful future.
Development of referral system with law
Begins
Seamless continuum of referrals of at -risk youth in need of
enforcement partners (SAPD, SA School
March
NG-YVP services will be developed and sustained on a
Police, OC Probation)
2022-
continuous basis from law enforcement partners.
See letter of support from Santa Ana
continues
School Police, as well as the Memorandum
through
Referrals will also include the siblings of victims of
of Understanding which is already active
March
violence/other criminal victimization.
with SASP as well as OC Probation.
2023
Staff Recruitment and Training
March-
Staff with experience with youth and the SA community
April 2022
who are bilingual Spanish speakers will be recruited for
and
positions. Staff will be trained in crisis response, safety,
ongoing
de-escalation techniques and case management primarily
through the Urban Peace Institute and expert consultants
and community -based agencies.
Case Management Services
Referrals
Minimum of 20-40 unduplicated youth will receive
will begin
intensive case management services each semester by the
— April
Program Supervisor, Case Manager, and the Master of
2022-
Social Work Interns. (Minimum of 80 per year)
ongoing
Participant Survey/Assessment
Ongoing
Adverse Childhood Experience (ACE) Survey will be
administered to all participants at time of enrollment.
Staff will address common issues experienced by
participants in healing circles or individually at the end of
case management sessions.
Restorative Circles
Occur
50% of the 80 NG-YVP participants will engage in a
Weekly-
minimum of 6 restorative circles after their case
ongoing
management meetings with staff. The focus of the RP
Circles will be to prevent and redirect youth who are at -
risk. Research is clear about family and sibling risk factors -
this program will mitigate and increase healing, reduce
risk factors and encourage positive pathways for
participants.
Restorative Community Circles/Meetings
Quarterly
Law enforcement partners and community agency
representatives will present and engage with NG-YVP
participants in RP Community circles. LE will address the
impact of COVID and encourage goal setting, build
relationships and connections to participants.
Linkages: Community mental health
Ongoing
25% of the 80 NG-YVP participants will be linked to
support, participants who have more
services for more extensive mental health support. NG-
extensive multi -faceted mental health
YVP program will assist with transportation and ensure
need to consistently engage with mental
follow-up of participants.
health practitioners to support recovery
form COVID-19 struggles.
Linkages: Meeting basic needs, in order for
Ongoing
50% of the 80 NG-YVP participants will be linked to
participants to recover from the COVID-19
services to assist them with basic needs such as medical,
struggles we must ensure that basic needs
food or housing/shelter. NG-YVP program will assist with
have been met. Urgent necessities i.e.,
transportation and ensure follow-up of participants.
transportation, food and shelter will also
be provided upon need.
Culmination Events: Research indicates
Twice per
NG-YVP participants will receive t-shirts, customized
that recognizing progress and growth is
year
awards, and incentives to recognize outstanding
critical in effective youth development
participation, follow through and achievements in
efforts. (Hawkins & Catalano)
program, school, family, and community. Two events will
take place where family, law enforcement, and
community partners will join to applaud youth efforts.
Target Population:
The Neutral Ground -Youth Violence Prevention Program is committed to intervening in the lives of youth and young adults who
are at -risk for contact with the justice system and to reduce recidivism for those who have already become juvenile justice
involved. For justice -involved youth, the opportunity for violence prevention is critical in order to redirect the trajectory of at -risk
pathways. The NG-Youth Violence Prevention program will prioritize referrals of at -risk youth who have experienced hardships
due to COVID-19. It is important for youth to have the support necessary to build hope, confidence, and a future that is stable
and safe. The NG-YVP will provide urgent support through case management services which will foster resilience, mental and
physical stability, reduce economic/social barriers, increase family connectedness and support safety and security throughout
violence prone environments. A lack of stability in the environment from involvement in the justice system increases the social
instabilities and family dysfunctions and experiences. (OJJDP, 2010; OJJDP, 2018; Watson et al., 2020). Our diverse community
unfortunately suffers economically; 91% of students are classified as socioeconomically disadvantaged; 99% of its students are of
minority status (96% Hispanic, 1% White, 1% Asian, 1% African American), 60% of students are classified as English Language
Learners and the special education rate is 12% which is among the highest of Orange County school districts. On the average,
86% of the students qualify for Free and reduced Lunch Programs. The COVID-19 pandemic has created struggles with changes
to the on-line learning, job, health, and food insecurities that impact the daily lives of this population.
Due to persistent risk factors across all aspects of life, youth within the qualified service tract are among the highest need for
mental health support, substance abuse disorder treatment and restorative practices. Research indicates that untreated mental
health disorders lead to higher rates of juvenile incarcerations, aggression, school dropout, family dysfunction, and drug abuse. A
Youth Violence Prevention program is therefore needed to serve this population and their families to reduce barriers that are
further increasing these disparities. To be effective, it is imperative to provide guidance, social -emotional support, hope and a
pathway toward change. Prevention is critical to promoting peace and ending the cycles of victimization.
3. Unmet Need
The social determinants of health such as generational poverty, violence, addiction, and delinquency that have impacted this
community adds to the social vulnerability this community represents (CDC, 2021). As the research states above, this population
has faced tremendous barriers to connecting and sustaining their engagement with many programs due to geographic
distances/transportation challenges, cultural disconnects and dissonance, language barriers as well as collective generational
trauma (Watson et al., 2020). In Orange County, Santa Ana has the largest percentage of felony (20%) and misdemeanor (16%)
arrests. Gang
Exhibit A
disproportionate Minority Contact -Technical Assistance Project (DMC-TAP) Summary Report and Recommendations in Orange
County, California, even though Latinos are only 46% of the general population, they are overrepresented in Juvenile Hall and
represent 75% of the population, the majority coming from Santa Ana and Anaheim. Truly this data demonstrates the need for
prevention of our younger at -risk youth and young adults. In order to be effective, it is imperative to provide guidance, social -
emotional support, hope and a pathway toward change. Violence is the leading cause of death among adolescents and a violence
prevention program can focus on the various risk factors and highlight the protective factors (Oscos-Sanchez et al., 2021). When
developed and implemented on a community level, engaging adolescents can address the health benefits that help empower this
population to address the mental health imbalances, family dysfunction, dysregulated structure to routine, social instability and
safety/security that have all been heightened in this community by the COVID-19 pandemic (Oscos-Sanchez et al., 2021).
Due to this need for violence prevention, Neutral Ground's proposed program will fulfill the gaps of services that are traditionally
unavailable in the densely populated areas of need. The youth will also be motivated to make positive life choices as they learn
from positive role models who have followed traditional and non-traditional pathways to success and have effectively redirected
their lives, overcome obstacles, and built rewarding lives for themselves. The youths in turn will experience a culturally inclusionary
and culturally competent, healthy and safe environment where supports are accessible, and barriers traditionally blocking success
have been removed.
4. Details of Collaborations with Local Organizations
Neutral Ground has been operating in the heart of Santa Ana for the past 30 years and has established a strong network of
collaborative partners. The founder, Nati Alvarado, was a teen father himself at the age of 15. His passion to help others and avoid
the trauma and heartache that he and his family experienced in his youth have given him the desire to pursue this work and lead
his agency with a strong collaborative spirit. His deep commitment to new and existing partnerships demonstrates a strong
foundation of collaborative readiness to serve Santa Ana youth through a wide range of community activities and events.
Over the past 10 years Neutral Ground has participated in The California Endowment's Building Healthy Communities (BHC)
Initiative within Santa Ana Unified School District, developed the Friday Night Lights Program with funding from the City of Santa
Ana which served thousands of youths from all over the city. In addition, Neutral Ground was selected as a partner to provide job
preparation and drug abuse prevention in the Prop.47 grant with the alternative education programs within SAUSD and funded to
provide Restorative Practices at secondary schools throughout the community. Neutral Ground also implemented the Proud Parent
grant in SAUSD which included a collaborative partnership with community agencies and OC Probation Department. The
partnership was so successful the Memorandum of Understanding has been renewed although the grant ended several years ago.
Throughout the years Neutral Ground has been a reliable and cutting -edge community agency ready and willing to serve the
community through collaborations and partnerships with law enforcement agencies, school districts and other community
agencies. Memorandum of Understandings are already active for two of the major law enforcement partners in this grant.
5. Innovation in Service/Delivery
NG has developed an innovative proposal including evidence -based practices that will prove effective with this uniquely vulnerable
population, the NG-YVP will Implement a comprehensive case management system that will support highly impacted youth of
COVID-19. Neutral Ground will be providing staff who will coordinate linkages to urgent resources to mitigate the gaps in basic
needs while simultaneously facilitating restorative circles to rebuild social -emotional health. NG has a long-standing commitment to
serving the most vulnerable and is known for incorporating trauma -informed care into services. Trauma -informed care is a
strength -based approach that emphasizes physical, psychological, and emotional safety to create an environment for participants
to rebuild a sense of control and empowerment (Hopper, Bassuk, & Olivet, 2010) NG activities will be conducted in safe spaces
where youth feel culturally, emotionally, and physically safe. NG staff have extensive training on the evidence -based services, and
many have first-hand understanding of the life struggles that impact the youth of today. The majority of the NG-YVP team will be
from Santa Ana and are culturally proficient and bilingual. Their youth -driven, evidenced -based, support services are
customizedbased on the needs and the input from teachers and support personnel from their schools. NG will maximize t he
potential of each participant by setting and achieving individualized goals and plans. The NG-Youth Violence Prevention program is
also innovative due to its ability to be up and running in less than a month. The partnership is already solidified with Memorandums
of Understanding with Santa Ana Unified School Police and Orange County Probation. Communication and collaboration will be
developed with the Santa Ana Police Department once the program is funded. Referrals have already been committed by several
partners and staff have already been recruited and on stand-by in order to begin the program upon approval. A famous quote from
a student in San Francisco once advised a conference room of service providers, "A child will walk around trouble and away from
trouble, if they have someone to walk with and somewhere to walk to." By receiving funding for Youth Violence Prevention, Neutral
Ground will be able to expand and fulfill this dire need for so many of the lost and impacted youth in our city.
EXHIBIT B
FEE PAYMENT SCHEDULE
Exhibit B
FISCAL YEAR 2022-2023
PROPOSED PROGRAM BUDGET
Organization Name Natis House dba Neutral Ground
Program Name YVP (Youth Violence Prevention)
Term: July 1, 2022 to June 30, 2023
EXPENDITURES
Enter budget categories and oroiected expenditures:
Category
Expenditures
Funded By
Santa Ana
REVIVE Funds
Expenditures
Funded By
Other Sources
Program
Budget
Total
Organization
Budget
Administrative Staff Salaries
$0
$0
Program Staff Salaries
$88,400
$88,400
Contractual Services
$2,800
$2,800
Other-
$21,983
$21,983
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
TOTAL
1 $113,183
$0
$113,183
$0
PROGRAM RESOURCES
LIST ALL OTHER PROGRAM RESOURCES FOR 2022-2023
Funding Source Total rr
Attachment 1(a)
ust equal vrogram buaget i otai iistea aoove.
FUNDING SOURCE AMOUNT
Santa Ana REVIVE 1 $ 113,183
ITOTAL I $ 113,183 I
Exhibit B
2022-2023 REVIVE BUDGET LINE ITEMS
ADMINISTRATIVE STAFF
Position Title Annual Salary & Benefits REVIVE Funds Description
PROGRAM STAFF
Position Title
Annual Salary & Benefits
REVIVE Funds
Description
Program Supervisor
$ 66,560.00
$ 66,560.00
$32 p/hr x 40 hours x 52 weeks
Restorative Practices Leads/Case Manager
$ 21,840.00
$ 21,840.00
$21 p/hr x 20 hours x 52 weeks
CONTRACTUAL/PROFESSIONAL SERVICES
Type of Service
Contract Amount
REVIVE Funds
Description
Master Social Work Interns
$2,800
$2,800
For contracting of interns
OTHER LINE ITEMS
Line Item
Program Amount
REVIVE Funds
Description
Office Rent/Lease $5,000:
Offices/meeting spaces for program
Other
$21,983
$21,983
staff & clients.
Emergency Transportation $970 Bus
passes for transportation to services
& supports
Emergency meals/food & shelter,
clothing $1,000: Needs due to
urgency or safety factors
Mileage for Program Supervisor & RP -
CM $1,684: Mileage to meet with
youth at their homes/community
agencies
Background Check for new
employees & interns $260:
Background check fees
2 Laptops $2,780: to support, track
and research for case management
purposes
Indirect Cost $10,289: 10% (of whole
budget subtotal $102,894)
Attachment 1(b)
EXHIBIT C
FEDERAL AWARD IDENTIFICATION INFORMATION
The General Program Requirements were designed to provide the framework where the
CONTRACTOR will provide ARPA programs identified in this attachment.
I. 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.
II. 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.
IV. FEDERAL AWARD IDENTIFICATION
FAIN INFORMATION
A.
CONTRACTOR Name:
NATI'S HOUSE DBA NEUTRAL GROUND
B.
CONTRACTOR'S Unique
079536874
Identifier (D-U-N-S):
Federal Award
C.
Identification Number
SLFRP 1059
(FAIN):
D.
Federal Award Date:
5/19/2021
E.
Subaward Period of
7/l/2022-6/30/2023
Performance:
Total Amount of Federal
F.
Funds Obligated by the
$113,183
Action:
Total Amount of Federal
G.
Funds Obligated to the
$113,183
CONTRACTOR:
H.
Total Amount of the
$64,180,406.50
Federal Award:
Federal Award Project
American Rescue Plan Act (ARPA)
L
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:
kridge(d),santa-ana.org
M.
CFDA Number:
21.027
CFDA Name:
Coronavirus State and Local Fiscal Recovery Funds
N.
Whether Award is R&D:
No
O
Indirect Cost Rate for the
de minimus or federally negotiated rate
Federal Award:
EU IHrF D
RUARMUF
LY�vm: imP— bdvW md V&,- i—
I—T COCWr
11nmWna:aempMAda�ylrmp�m�Ems'Hunt MV. odv .W
sry�. N CIl Pn K N w A Pssq� � Ir -m
/dill- Pm VII dlkvq DN Im[ yegaAMp�Jy
IN WCMIPI.F. OK[FRTiWA rKm, WApmTIq.Y7I�joR[7RiIFICdjk!-
A-WI
,li [kRmppyygy dtlmlxmem:d,mcf fn vbwnuocNdu.poparl
mSd
u�ndemP.Ye-mm d{gini P+P��htw�m.
Asl�nn i�3y. a di-1p ...
4d�h[nve�rtx��.
i_, Nhxkrrceipwdf�.l�Mh: ire mn'R nan dk
P.1 v^u�r,ppYq{y adp�cr��atiejmaieo msq pywno
mr�+'
WrwtikdA6.i�iWep.wr
me
MITI[I I'flrpNN WKI
n rnn alo-,kttnif xt, y[kN..
Ik ttndrn�n n f+u rLme r•a naaW nlerxtY.n of Iei
r1YW .kn Ns iswl�.a••a.. d w.• II n rL�. dcmnrcSJW ilt {m'Sav�e
iHo.*i it frkN uutaui rulb L..a.ph mloe5 n nrvmn Hmfuun a
ati. v W.. rvesre auhhF n iL J M.x [:n•zer. or Ckaalmn r11 abr
IpHlvul pov wa4tf.✓[lul�wyemir a.[ar iwr51
1. flr pa�a:.e myia cf kW aaiup. h"m.: pa:Y �.1s.e sear
w 4c pales m.ei ti. rypp�is gaJ Vl�am vrc Ne �o,pednewgiw■
wd-
6dzf u.Ja. finro .. _ d M rmifa-m..n e+n.an efm uCa'sl a b
b mwulnh�x+sm Hdppir:rnnq.mn
.. rlr mie'mmd ti+."b7inl--a.pr�i•-�d"rg14.•M1rn ce moad
ua6xYe."�yv["p.>:µ'�r)acmdtra�3.i"f.mripl 'pq.mL•
d ydml.il rwLY{'agepp Oisrbee. gnrEnaa��u.w m4 �r •Wre
nd Cn�xchmol��gL 4rc LYM 1SlV. Ywmlwwllh
pen d •YA Ws pep.Y n ceded rm ma..e m a ny of vo.
5 fkPntx'.a.tm N&4xal e!a%qu+A rtam��r.opaU W.
��fK{[+w+anvW.r.�rb.k �rtJim IJdIMLn.r,p. dvm eg
hxeon mend iraim.n xih. prsn eel n,yl.lrryyppnrbl. ai.N x.4pde.
a I.�anh esshaW fmo pnnp.ir, a J.r sslf.a vac..�oa dra aelrwi.rl h
W IXIL
a Tk re..z:Ir noise d uMal nndax fak fuvp .. b vlv1oin
I.grwliulnllli�V.s tl�:,,", idHY'u�3 Lrdv /'woad C Jl�grx!�vpaia
IalpA�lq d •Nm+ nnaa •ac iiraeasam' n ba
arwvunJI �nwrmwN 4sd AkA vkmn i.+
� .V[rriry.mru•mlt�mmn «y ymarcasgµ,efiryvgcrep�i.Ywr
rune) irm.r�n Ka a er..l!mw wfiikl RfFtl'-a IAM><[�
ri�.WCmHr re•rrdirs.asn uM•nlarv., Jw Vriniil'r..in wmn
N.ima..,. ✓R,r rmnsd w Kyrr.. h'++4n n r�r n dintila o,;0
p.upt. aM1 ran.-xr rv.. fu n ne IV W M IhA h L W Pa.e, FndiJgl
1 �[ay.eNeJ.fmWrR dJ�k Jw ngge evlWm.MdaxJan:/
rm.]e m nAy rr nrtln in gN l W Yr wrifucm rpr..J ♦j .ti .bu 16,
m.lok YA ofmirn Aapa•' nli.v rryatixr.mdllui.tiinn.mih
P+'.».ahrf.wo. pmanmir .,ann m+uir.�K„sJ�
v I�..M Frac.im nehwi.v Wn t�rp�R.`.Jiler vmdia it �AmV(+m•
�rnv tra¢yun lwn�ryli nrn wi a Aro ii.r rmoN esxim rN • �^
� n.,,.,.y� �liwrcl ql�. �r .r�lnml� ral�J rxm rr a.m m Jn
e. indbml�dkrimnkaniallri�IF.'fNeJ [q.geCa.yrTFil �
(.awe maShl wmrdr� m<I W p wpnnirn Nw •klama.
EXIflBrr L
LOBBYI%G
['coif-mP,,.4i;Ld X
irhr l'•imriGr►i�Inrrt N['anxh h•r.4y�yy
Ik.ekmptdmd r e dhm "'.m dp wd edrr.nz
f1I WF.W xmpliw ka6 Jr
+�� bam pew 6 wR..r�y w �gri.F b amaw n rGm n mpyrt N
+d eq•.1b*nd[erpax. n..'M1mwa wq wnmNyarfbi•w
IkeLv ofLypF¢vmmmm�+r.`.:e a.aaq F daq rAvlydrtlhe.alvF
n4dP • ✓'edRnxrr. �.aLmeom aeodifawn ail
of F,wv.; p.. �'n a r�w+�i•r.grvwr.
h:l rfa•.lwrwlx. ihm Feli.yppryalfi��ekmlMw.ikryWdns�pnn
fwryrc.; :.ip r.. cybw dn�s�w�eq�bis Na Nre¢rd C.gye..a
iL. VNoil nrurt �. kwwoogmGVx�®uC Je iaMvya2 ddl
� MVI.�yrC.h �ara'ml![rnCCL 7Lckar Fmm b &efon Lollrr iq' orux�.v
xrN iCrvwu�nm
h:+i!r uH:y ]�hll—} N'o IUa ruiifr 6i nhawJ
Aavwns fn a� u3exN•e ill hies ink yl tact .htyniC nE mbav Wm
mze >d �mgrttire apmhmrh W Arx ill �e.brrmw .ry.� anii! W dieae
tt�i ml•
Ihr Vrn:ux.nn � hwrm. �rr+wi.nN Yq rpe•ki Mrae .a Flan!•4. �r
xx ma4 aereNimshAxiwwn.Ndesmhf hmeeCrweCuuhebaaG'C
:re�rn nit— rgnaGSmjfn rid:. lift ll.lh.i[hde r<��y.rh
Gila hn fL B
$1 leA fGp Lrgd uxwmeSu W �e uljrp ba rsnl pw� erw[ Iwdmilomlab
� mpn un 11 A GiLrt
umNnb.orw ogwmin I-k
mrAc.;r»umwr rw,
sl'NRkOMF%[ & TAL
I. SL��(!f�Nlltil •ill mmflrr.iQ �41k [a.lGi�:.liik>'IN4rCnJR�bMN1�
li_ U. S 10M n glad ingtmdlnr dfehun r.40R Rn I.
:. sa ferxain Jaltiwf $yp WYie iky �eRm.mb-���ud lmarr
let Ee e�AWd fan [mkifnm a u k dmid i� 6ufM of. a k xCjavel b
difnewdioe wS a. pia m wvni� kn1e1 'r ,kk u a pol ,ih acivmn
dncopmi lush mak uaWclv.,ve�Ue All
� �lahrns u�l wnfsin nry4r�khrudraxnpusa`�.vne�p-form*of
caawut� x�, feyaN a •4ek n n pr: xiAsmrn,v� enebpxn fimw skill to �
I.— fnnammki i0l.si. Yev�u:id>'I�rcgl rr
and�l.,eP mfPnn >rm .min
>r m aa..x,. mdnN r x� mr k mrowvm..n
SI.EWEf1 Trill .nqd. xW JI PNeN wrkn 1ppl�k npo IuJN •iN
ensidr. M1 aai irdc u«p ihr ;y W.Epfx'IPIF�'1 des w om l[11'�
m�m®nul mpnu�ia d.mkd u'_i f'iR SN. FW; aed f3� Sl�gpf: [1PIf �'f an M
wmrlll l"S rup Mii•fa afiavp Ee min poreu Wr F—,Cl rl:l1;
FXII1631 V
DRUGFRF.F. WOk&P1..10E
C.k'dr�ali _Rwrdi.e Dr Fw N'wrkpUl Rnmi—ml
IN �. In is i - ".avail W—in. .hLi Nurre IL.N q Ik
r s Depmrt,n .r ]tome, W 1 � m �w , Ik ❑x Ir f i, leer
d.lwm.td �hs►a--m 4f ardced. Wh f 41 ,'"_ tle
�q xnn w 9le D •rm• N'a pk .+ Vt l 4 Fk of PF. T � I the
f�tkpacfa s, aNi�ian.@ Mn ImNn.�vlaGkn i&iN l Vi— ew:
wrn v�.ircJm4.lk Drgf rtr w'wl�.w a.t
fF,�jVSiCAil1!\
a itreao+x rtmf.•rCni r,l pre,�ek.; frr rah�P.rrh
iaV p�ylel.ni . mif{nl mylyre. •y Ik wrcnfJ mn
6mihmv, dipe� Rexveen ierefa ob^nkJ uhune i� puA] led m
-Pll- 0ImUl— Huvh 1rnFiry Nr xwu Ihr .,II k IaV..x yww
14�,tr
[M FeeVt{i�Cag aS.r Sq n.rtaarryff ., nkn cl%nm daa
Ilf fk d�mNiW,•abeenlFe xulphCe.
{=1 r&nnravi epd'c{ efxvo..ue{ as.�-•in .off.
{il AR u.4hk Jrm moedo6 id,hlil.rin .+S inrrann �.�
pMfan. ni
I[I .W1im n a rapueaeme Iha wk fflql)�s -y Hill h �o a Ik
h,a aw dk vam.e m{um1 M wa.ve
1AV u+r _.— . rWa.rn15, WSmik AM
{II r,ndn nr l�a�.er pta+anw: re
lb „-"h d.- geaof vi.W klk aaia a.,4ao. rm.liiWim
tiia.r n U-Av—. WnI fneo! d. uh mm"
IN Ntihwyhlis Dgml®I,ifl-lmi lihn Da.l"xihe
.fle aaainq m4. bpshown Id.21 Hm.h rvpb{re n rdietiirr
III idg..lrihr 4lbxim, mal. y9r it dq.Nenmwy wRruW
sl6(mpµ IJ.1'F xiN mrc. ler� �I�a xlnem mpdd
M MINl� 9tnmufewn qvu mtismjF=n.pb.e
0RqmWki w6feewllk m ] do '®o+
u ryuEiliune pl,.yrm 4r"4 W rd s.ro r+ h a
iNaJ. wsr. n wJ ka'U. �r. nannma a M gpepwe
ail Me�.xm fw.erc a.,�eb��dn¢•freexrn�s.aq�
siknama of far;vpbllu M IeF W.x al W IR
N lYKlmm JaY mvl elh gaepy". W q 11�d FeAr.d�v
iKra Dr fR(�b41 P7 N xM H N toedA t rA4,
f lueep>rnelW�dry, .a W iq odes An.ln,v fwkr a XF
sa d'n6 ds>®eAl�.fti'.eJ rnn.i➢Rimlr . �s
of M uke � nam i dYll mlih 9e 1• s fkpruren M Fbna6—gy atl t ibu
Ik`.t'�ee �y am r Sdoc m er rxn wowd Hxa F:.M�eY. a
:nad AxRle@.ir.e'ra
iMgFo-�xa
.A 3i0w�e 11x
PLACE OF PERF O RMANCt:
FOR CERTI FICATIO� REGARDING DRUG -FREE
j WORKPLACE REQUIREMENTS
l4nc rw• !c 11•
1kCr.W rAYlaauik R�P�di aa. le �Igffc�pnxJ.fa ud In ik
poRms[nfxih mh 0e�m.n on�wf 1. ry�cmilWw
H.e dnf�i �.k u�.l dlmcna. �9.vx �satlrfn nH�x�
A d[ v ,a
AGREEMENT BETWEEN THE CITY OF SANTA ANA AND
ORANGE COUNTY CHILDREN'S THERAPEUTIC ARTS CENTER FOR USE OF
AMERICAN RESCUE PLAN ACT (ARPA) FUNDS
This Agreement is hereby made and entered into this 3rd day of May, 2022, by and
between the City of Santa Ana, a charter city and municipal corporation organized and existing
under the Constitution and laws of the State of California ("CITY"), and Orange Count
Children's Therapeutic Arts Center, a California domestic nonprofit corporation
("SUBRECIPIENT" or "CONTRACTOR").
RECITALS:
A. The American Rescue Plan Act ("ARPA") was signed into law in March 2021. ARPA
provides funding for a number of different programs, including the Coronavirus State and
Local Fiscal Recovery Fund ("SLFRF"), to provide monetary support to local governments
to respond to, mitigate, and recover from the COVID-19 public health emergency.
B. On July 20, 2021, the Santa Ana City Council authorized the City Manager to utilize ARPA
SLFRF funding from the United States Department of Treasury for the Revive Santa Ana
Spending Plan, which includes five spending categories: recovery from the pandemic, direct
assistance programs, public health and safety, critical infrastructure, and city fiscal health.
C. SUBRECIPIENT has been selected by the CITY to receive ARPA SLFRF Funds in order to
provide youth programs, including: early childhood support; head start; day care; after school
tutoring; athletic; and, youth violence prevention, in accordance with the Scope of Work
attached hereto as Exhibit A and incorporated herein by reference ("said program").
SUBRECIPIENT represents that it is qualified and willing to operate said program and
certifies that the administration of said program carried out with funds provided under this
Agreement will meet ARPA's objectives to respond to, mitigate, and recover from this
historic COVID-19 public health crisis.
D. SUBRECIPIENT agrees that it will adhere to the tasks and services as indicated in Exhibit A
for said program. Failure to follow the requirements and meet the stated expectations may
constitute breach of contract that could result in termination of this Agreement or serve as
reason for the CITY to recapture the grant funds awarded to SUBRECIPIENT pursuant to
this Agreement.
WHEREFORE, it is agreed by and between the parties that the foregoing Recitals are a
substantive part of this Agreement and the following terms and conditions are approved and together
with all exhibits and attachments hereto, shall constitute the entire Agreement between the CITY and
SUBRECIPIENT:
I. ARPA PROGRAM PROVISIONS
A. Scope of Work. SUBRECIPIENT shall be responsible for the specific tasks and
services of said program, and agrees to administer said program in compliance with the tasks and
services as described in the Scope of Work attached hereto as Exhibit A. SUBRECIPIENT's failure
to perform as required may, in addition to other remedies set forth in this Agreement, result in
readjustment of the amount of funds for said program or termination of this Agreement.
B. Term of Agreement. The term of said Agreement shall commence on July 1st, 2022,
and continue through Jun_ e 30, 2023 ("Term"), unless terminated earlier pursuant to the terms of
this Agreement. This Agreement shall also cover any and all services provided by the
SUBRECIPIENT to the CITY since the date the ARPA SURF Funds were awarded to the CITY.
Additionally, the Term of this Agreement may be extended by a writing executed by the City
Manager, or designee, and the City Attorney,
C. Amount of Grant Funding. The total amount of funds provided for said program
shall not exceed One Hundred Twenty -Forty Thousand Nine Hundred Ninety -Eight Dollars and
Zero Cents f S i 24 998 ("ARPA SURF Funds") during the Term of the Agreement.
SUBRECIPIENT agrees to use said ARPA SURF Funds to administer said program as outlined in
Exhibit A.
D. Disbursement of Funds. Said ARPA SURF Funds shall be disbursed by CITY to
SUBRECIPIENT pursuant to the terms found in the Fee Payment Schedule attached hereto as
Exhibit B, with payments subject to the submittal of invoices and other reporting requirements,
as hereinafter more fully set forth. SUBRECIPIENT shall be obligated to perform such duties as
would normally extend beyond the term, including, but not limited to, obligations with respect to
indemnification, audits, reporting, data retention/reporting, and accounting. Failure to provide any
of the required documentation and reporting will cause CITY to withhold all or a portion of a
request for ARPA SURF Funds, or return the entire request to SUBRECIPIENT, until such
documentation and reporting has been received and approved by CITY.
(1) Reduction in ARPA 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 SUBRECIPIENT's rate of
expenditure will result in unspent funds at the end of the program term. Amendments in the grant
allocation will be made after consultation with SUBRECIPIENT.
(3) Reversion of Assets. SUBRECIPIENT agrees that any and all funds received
under this Agreement shall be utilized during the Term of this Agreement, and that any and all funds
remaining as of the end of the Term, which have not been utilized, shall be returned by
SUBRECIPIENT to the CITY within thirty (30) days of the expiration or earlier termination of the
Agreement. No expense of SUBRECIPIENT will be reimbursed by CITY if incurred after the end
of the Term of the Agreement.
K
E. Grant Pra agr m 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 COVDD-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
SUBRECIP ENT within a reasonable period after being notified by CITY, suspension or termination
procedures may be initiated by CITY.
(5) All performance shall be subject to review by the CITY or other regulatory
agencies at all times. SUBRECIPIENT shall provide adequate cooperation to any inspector or other
CITY representative to permit the same to determine SUBRECIPIENT's conformity with the terms
of this Agreement. If any services performed by SUBRECIPIENT are not in conformance with the
terms of this Agreement, the CITY shall have the right to require SUBRECIPIENT to perform the
services in conformance with the terms of the Agreement at no additional cost. The CITY may also
terminate this Agreement for default and charge SUBRECIPIENT for any costs incurred by the CITY
because of SUBRECIPIENT's failure to perform.
(6) SUBRECIPIENT shall establish adequate procedures for self -monitoring and
quality control and assurance to ensure proper performance under this Agreement; and shall permit a
CITY representative or other regulatory official to monitor, assess, or evaluate SUBRECIPIENT's
performance under this Agreement at any time, upon reasonable notice to SUBRECIPIENT.
G. Audit.
(1) SUBRECIPIENT shall maintain complete and accurate records and supporting
documentation to facilitate financial and/or program audits by CITY. This requirement shall apply
to any records and documentation CITY shall reasonably require or as required to be maintained
pursuant to the ARPA regulations.
(2) The books and accounts, files, and other records of SUBRECIPIENT, which are
applicable to this Agreement, shall be available for inspection, review, and audit during normal
business hours by CITY to determine the proper application and use of all ARPA SLFRF Funds
provided to or for the account or benefit of SUBRECIPIENT.
(3) SUBRECIPIENT assumes responsibility for reimbursement to CITY a sum of
money equivalent to the amount of any expenditures disallowed should the CITY, or an authorized
agency, rule through audit, exception, or some other appropriate means, that expenditures from funds
allocated to SUBRECIPIENT for direct and/or administrative costs were not made in compliance
with the applicable cost principles, regulations, or the provisions of this Agreement.
(4) SUBRECIPIENT agrees to comply with the requirements of OMB Uniform
Guidance 2 CFR Part 200. SUBRECIPIENT further agrees to provide CITY with a copy of
completed independent auditors' report within thirty (30) days of CITY's request for such report. If
the report contains instances of non-compliance with federal laws and regulations that bear directly
on the performance or administration of this Agreement, SUBRECIPIENT shall provide CITY copies
of responses to auditors' reports, a plan for corrective action, and auditors' response that the
noncompliance has been resolved. All reports prepared in accord with the requirements of OMB
Uniform Guidance 2 CFR Part 200 shall be available for inspection by representatives of CITY or the
federal government during normal business hours.
(5) All accounting records, reports, and evidence pertaining to all costs, expenses
and the ARPA SLFRF Funds of SUBRECIPIENT and all documents related to this Agreement
shall be maintained and kept available at SUBRECIPIENT'S office or place of business for the
duration of the Agreement and thereafter for five (5) years from the date of final payment under
this Agreement. Records which relate to: (a) complaints, claims, administrative proceedings or
litigation arising out of the performance of this Agreement; or, (b) costs and expenses of this
Agreement to which CITY or any other governmental agency takes exception, shall be retained
beyond the five (5) years until complete resolution or disposition of such appeals, litigation claims,
or exceptions. In the event SUBRECIPIENT does not make the above -referenced documents
available within the City of Santa Ana, California, SUBRECIPIENT agrees to pay all necessary and
reasonable expenses incurred by CITY in conducting any audit at the location where said records and
books of account are maintained.
H. Ownership/Use of Materials. SUBRECIPIENT agrees that all materials, reports or
products in any form, including electronic, created by SUBRECIPIENT for which
II
SUBRECIPIENT has been compensated pursuant to this Agreement shall be the sole property of
the CITY. The material, reports, or products may be used by the CITY for any purpose that the
CITY deems to be appropriate, including, but not limit to, duplication and/or distribution within
the CITY or to third parties. SUBRECIPIENT agrees not to release or circulate in whole or part
such materials, reports, or products without prior written authorization of the CITY,
I. Close -Out. SUBRECIPIENT agrees to comply with the closeout procedures
detailed in 2 CFR §200.343, including the following:
(1) SUBRECIPIENT must submit, no later than ninety (90) calendar days after the
end date of the period of performance, all financial, performance, and other reports as required by
the teens 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; (ii) it has
carefully considered how the services should be performed; and, (iii) it fully understands the
facilities, difficulties and restrictions attending performance of the services under this Agreement.
(4) No Conflict. To the best of SUBRECIPIENT'S knowledge,
SUBRECIPIENT'S execution, delivery and performance of its obligations under this Agreement
will not constitute a default or a breach under any contract, agreement or order to which
SUBRECIPIENT is a party or by which it is bound.
(5) No Bankruptcy. SUBRECIPIENT is not the subject of any current or
threatened bankruptcy proceeding.
5
(6) No Pending Legal Proceedings. SUBRECIPIENT is not the subject of a
current or threatened litigation that would or may materially affect SUBRECIPIENT'S
performance under this Agreement.
(7) Proposal Veracity. All provisions of and information provided in
SUBRECIPIENT's proposal submitted to CITY, including any exhibits, are true and correct in all
material respects.
(8) No Pending Investigation. SUBRECIPIENT has no knowledge that it is the
subject of any current or threatened criminal or civil action investigation by any public agency,
including without limitation a police agency or prosecuting authority, which would relate to or
affect performance of the Agreement or provision of services hereunder.
B. Licensina. 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 SUBRECIPIENT from CITY pursuant
to this Agreement shall be maintained in an account in a federally insured banking or savings and
loan institution with record keeping of such accounts maintained pursuant to applicable 2 CFR
200.302 requirements. SUBRECIPIENT is not required to maintain separate depository accounts for
ARPA SLFRF Funds; provided however, the SUBRECIPIENT must be able to account for receipt,
obligation, distribution and expenditure of ARPA SLFRF Funds pursuant to applicable 2 CFR
200.302 requirements.
E. Audit Report Requirements. SUBRECIPIENT agrees that if SUBRECIPIENT
expends Seven Hundred Fifty Thousand Dollars ($750,000) or more in federal funds,
SUBRECIPIENT shall have an annual audit conducted by a certified public accountant in accordance
with the standards as set forth and published by the United States Office of Management and Budget.
SUBRECIPIENT shall provide CITY with a copy of said audit by April I of the year following the
program year in which this Agreement is executed.
R
F. Compliance with Law/ProgKarn 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.
1. independent Contractor. SUBRECIPIENT agrees that the performance of obligations
hereunder is rendered in its capacity as an independent contractor and that it is in no way an agent of
CITY.
J. Violation of Terms and Conditions. SUBRECIPIENT agrees that if SUBRECIPIENT
violates any of the terms and conditions of this Agreement or any prior Agreement whereby ARPA
SURF Funds were received by SUBRECIP ENT, 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
SLFRF Funds under this Agreement.
VA
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 federal law (31 U.S.C.
1352) and regulations found at 24 CFR Part 87, which provide that no appropriated funds may be
expended by the recipient of a federal contract, grant, loan or cooperative agreement to pay any person
for influencing or attempting to influence an officer or employee of any agency, Member of Congress,
or an officer or employee of a Member of Congress in connection with awarding of any federal
contract, the making of any federal grant or loan, entering into any cooperative agreement and the
extension, renewal, amendment or modification of any federal contract, grant, loan or cooperative
agreement. SUBRECIPIENT shall sign a certification to that effect in a form as set forth in Exhibit
E, attached hereto and by this reference incorporated herein. SUBRECIPIENT shall submit said
signed certification to CITY prior to performing any of its obligations under this Agreement and prior
to any obligation arising on the part of CITY to pay any sums to SUBRECIPIENT under the terms
and conditions of this Agreement.
If any funds other than Federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any agency, a Member
of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall
complete and submit a "Disclosure Form to Report Lobbying," in accordance with its instructions
(Exhibit E).
N. Financial Interest. SUBRECIPIENT agrees that except for the use of administrative
fees to pay salaries and other related administrative or personnel costs, no persons who exercise or
have exercised any function with respect to administering said program under the 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.
N.
P. EguaI Employment Opportunities. SUBRECIPIENT shall make every effort to
ensure that all projects funded wholly or in part by ARPA SURF Funds shall provide equal
employment opportunities for minorities and women.
Q. Women and Minority -Owned Businesses (W/MBE), SUBRECIPIENT will use its
best efforts to afford small businesses, minority business enterprises, and women's business
enterprises the maximum practicable opportunity to participate in the performance of this
Agreement in accordance with the requirements of 2 CFR 200.321 "Contracting with small and
minority businesses, women's business enterprises, and labor surplus area firms". As used in this
Agreement, the term "small business" means a business that meets the criteria set forth in section
3(a) of the Small Business Act, as amended (15 U.S.C. 632), and "minority and women's business
enterprise" means a business at least fifty-one percent (51 %) owned and controlled by minority
group members or women. For the purpose of this definition, "minority group members" are
African -Americans, Spanish-speaking, Spanish surnamed or Spanish -heritage Americans, Asian -
Americans, and American Indians. SUBRECIPIENT may rely on written representations by
businesses regarding their status as minority and female business enterprises in lieu of an
independent investigation.
R. Drug Free Workplace. SUBRECIPIENT agrees to provide a drug -free workplace and
to execute a certification as set forth in Exhibit F attached hereto and incorporated herein by this
reference.
S. Uniform Administrative Requirements, Cost Principles, and Audit Requirements
for Federal Awards. The following requirements and standards must be complied with: 2 CFR
Part 200 et al. SUBRECIPIENT shall procure all materials, property, or services in accordance
with the requirements of 2 CFR 200.318-326.
III. CITY'S OBLIGATIONS
A. Audit of Account. CITY shall include an audit of the account maintained by
SUBRECIPIENT in CITY's audit of all ARPA SURF 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
7
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
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 Iist 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
11
section, the term "immediate family" means spouse, child, mother, father, brother, sister, brother-in-
law, sister-in-law, father-in-law, mother-in-law, son-in-law, daughter-in-law, aunt, uncle, niece,
nephew, stepparent and stepchild. The term "administrative capacity" means having selection, hiring,
supervisor or management responsibilities.
E. Notices. Notices to the parties shall, unless otherwise requested in writing, be sent by
U.S. Mail, postage prepaid, and addressed as follows:
TO CITY: City of Santa Ana
Lisa Rudloff
Executive Director
TO SUBRECIPIENT:
Parks, Recreation and Community Services Agency
20 Civic Center Plaza
P.O. Box 1988
Santa Ana, California 92702-1988
Ana Jimenez-Hami
Executive Director
2215 N Broadway, I" Floor
Santa Ana, CA 92706-2664
F. Assi n�ty. 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 and the results of that work by the Contractor, its agents,
representatives, employees, or subcontractors.
12
a. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad
as:
I. Commercial General Liability (CGL): Insurance Services Office Form CG 00
01 covering CGL on an "occurrence" basis, including products and completed
operations, property damage, bodily injury and personal & advertising injury
with limits no less than $2,000,000 per occurrence. If a general aggregate limit
applies, either the general aggregate limit shall apply separately to this
project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be
twice the required occurrence limit.
2. Automobile Liability: Insurance Services Office Form Number CA 0001
covering, Code 1 (any auto), or if Contractor has no owned autos, Code 8 (hired)
and 9 (non -owned), with limit no less than $1,000,000 (if program services
includes transportation of youth, the limit shall be no less than $5,000,000) per
accident for bodily injury and property damage. (Not required if an automobile
is not required to fulfill services.)
3. Workers' Compensation: insurance as required by the State of California, with
Statutory Limits, and Employer's Liability Insurance with limit of no less than
$1,000,000 per accident for bodily injury or disease.
4. Sexual Abuse or Molestation (SAM) Liability: If the CGL policy referenced
above is not endorsed to include affirmative coverage for sexual abuse or
molestation, Contractor shall obtain and maintain a policy covering Sexual
Abuse and Molestation with a limit no less than $1,000,000 per occurrence or
claim.
5. If the Contractor maintains broader coverage and/or higher limits than the
minimums shown above, the City requires and shall be entitled to the broader
coverage and/or the higher limits maintained by the Contractor. Any available
insurance proceeds in excess of the specified minimum limits of insurance and
coverage shall be available to the City.
b. Other Insurance Provisions — The insurance policies are to contain, or be endorsed to
contain, the following provisions:
I. Additional Insured Status: The City, its officers, officials, employees, and
volunteers are to be covered as additional insureds on the CGL policy with
respect to liability arising out of work or operations performed by or on behalf
of the Contractor including materials, parts, or equipment furnished in
connection with such work or operations. General liability coverage can be
provided in the form of an endorsement to the Contractor's insurance (at least
as broad as ISO Form CG 20 10 11 85 or if not available, through the addition
of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if a
later edition is used).
2. Primary Coverage: For any claims related to this contract, the Contractor's
insurance coverage shall be primary coverage at least as broad as ISO CG 20
0104 13 as respects the City, its officers, officials, employees, and volunteers.
Any insurance or self-insurance maintained by the City, its officers, officials,
13
employees, or volunteers shall be excess of the Contractor's insurance and shall
not contribute with it.
3. Notice of Cancellation: Each insurance policy required above shall state that
coverage shall not be canceled, except with notice to the City.
4. Waiver of Subrogation: Contractor hereby grants to City a waiver of any right
to subrogation which any insurer of said Contractor may acquire against the
City by virtue of the payment of any loss under such insurance. Contractor
agrees to obtain any endorsement that may be necessary to affect this waiver of
subrogation, but this provision applies regardless of whether or not the City has
received a waiver of subrogation endorsement from the insurer.
5. Self Insured Retentions: Self -insured retentions must be declared to and
approved by the City. The City may require the Contractor to purchase coverage
with a lower retention or provide proof of ability to pay losses and related
investigations, claim administration, and defense expenses within the retention.
The policy language shall provide, or be endorsed to provide, that the self -
insured retention may be satisfied by either the named insured or City.
6. Acceptability of Insurers: Insurance is to be placed with insurers authorized to
conduct business in the state with a current A.M. Best's rating of no less than
A:VII, 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.
If coverage is canceled or non -renewed, and not replaced with another
claims -made policy form with a Retroactive Date prior to the contract
effective date, the Contractor must purchase "extended reporting"
coverage for a minimum of five (5) years after completion of contract
work.
8. Verification of Coverage: Contractor shall furnish the City with original
Certificates of Insurance including all required amendatory endorsements (or
copies of the applicable policy language effecting coverage required by this
clause) and a copy of the Declarations and Endorsement Page of the CGL policy
listing all policy endorsements to City before work begins. However, failure to
obtain the required documents prior to the work beginning shall not waive the
Contractor's obligation to provide them. City reserves the right to require
complete, certified copies of all required insurance policies, including
endorsements required by these specifications, at any time.
14
9. Special Rislu or Circumstances: City reserves the right to modify these
requirements, including limits, based on the nature of the risk, prior experience,
insurer, coverage, or other special circumstances.
I. Termination.
1. This Agreement may be terminated on thirty (30) days' written notice by either
party. In the event of such termination, SUBRECIPIENT shall only be entitled to reimbursement for
approved expenses incurred to the effective date of termination.
2. This Agreement may be suspended or terminated by CITY upon five (5) days'
written notice for violation by SUBRECIPIENT of Federal Laws governing the use of ARPA SURF
Funds. 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 tenn 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.
15
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 fiends, or may restrict SUBRECIPIENT's use of uncommitted
funds. Where CITY has been directed to implement a reduction in funding, with respect to funding
for this Agreement, CITY's City Manager or delegate is authorized to act for CITY in implementing
and effecting such a reduction and in revising, modifying, or amending the Agreement for such
purposes. If such a reduction in funding occurs, SUBRECIPIENT shall be permitted to de -scope
accordingly. Where CITY has reasonable grounds to question SUBRECIPIENT's fiscal
accountability or compliance with this Agreement, CITY may suspend the operation of this
Agreement for up to sixty (60) days upon five (5) days written notice to SUBRECIPIENT of its
intention to so act, pending an audit or other resolution of such questions. In no event, however, shall
any revisions made by CITY affect expenditures and legally binding commitments made by
SUBRECIPIENT before it received notice of such revision, provided that such amounts have been
committed in good faith and are otherwise allowable and that such commitments are consistent with
ARPA SLFRF Funds withdrawal guidelines.
K. Exclusivity and Amendment of Agreement. This Agreement supersedes any and all
other agreements, either oral or in writing, between the parties hereto with respect to the use of CITY's
ARPA SLFRF Funds by SUBRECIPIENT and contains all the covenants and agreements between
the parties with respect to SUBRECIPIIENT's administration of said program. Each party to this
Agreement acknowledges that no representations, inducements, promises or agreements, orally or
otherwise, have been made by any party, or anyone acting on behalf of any party, which are not
embodied herein, and that no other agreement or amendment hereto shall be effective unless executed
in writing and signed by both CITY and SUBRECIPIENT.
L. Laws Governing this Agreement. This Agreement shall be governed by and construed
in accordance with the laws of the State of California, and all applicable federal laws and regulations.
M. Validity and Severability. The invalidity in whole or in part of any provision of this
Agreement shall not void or affect the validity of any other provision of this Agreement. Whenever
possible, each provision of this AGREEMENT shall be interpreted in such manner as to be
effective and valid under applicable law, but if any provision of this AGREEMENT is held to be
prohibited by or invalid under applicable law, such provision shall be ineffective only to the extent
of such prohibition or invalidity, without invalidating the remainder of such provisions of this
AGREEMENT.
N. Waiver. No delay or omission by either 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.
16
O. Federal Award Identification Information. SUBRECIPIENT's pertinent Federal
Award Identification Information, including DUNS Number and Federal Award Identification
Number (FAIN), as well as the applicable information for ARPA, are included in Exhibit C
attached hereto and incorporated herein by this reference.
P. Miscellaneous Provisions.
1. Each undersigned represents and warrants that its signature herein below has the
power, authority and right to bind their respective parties to each of the terms of this Agreement, and
shall indemnify CITY fully, including reasonable costs and attorney's fees, for any injuries or
damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is
withdrawn.
2. All Exhibits and Attachments referenced herein and attached hereto shall be
incorporated as if fully set forth in the body of this Agreement.
3. This Agreement must be signed below and may be signed in counterpart and
delivered by fax, email as a PDF (Portable Document Format) file attachment, or by other means that
displays the original or a copy of the signatures. Any subsequent amendments may be signed and
delivered in the same manner.
[Signatures on following page]
17
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year
first written above.
ATTEST:
DAISY GOMEZ
Clerk of the Council
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
BRANDON SALVATIERRA
Deputy City Attorney
RECOMMENDED FOR APPROVAL:
LISA RUDLOFF
Executive Director
Parks, Recreation and Community Services Agency
CITY OF SANTA ANA
KRISTINE RIDGE
City Manager
SUBRECIPIENT:
ANXjIMENEz44Ami
Executive Director
DUNS #: 014317940
In
EXHIBIT A
SCOPE OF WORK
19
SCOPE OF WORK:
1. Details of Youth Program/Services to be provided:
In partnership with the City of Santa Ana, Parks, Recreation and Community Services agency,
OCCTAC proposes to offer an Arts & Violence prevention program for Santa Ana youth at four
Recreational Centers located within the Qualified Service Tract areas in the city of Santa Ana,
including: Jerome Center, Garfield Recreation Center, Roosevelt -Walker Center and Salgado
Recreation Center.
This program will prioritize on diverting youth from negative social problems and engaging
them in positive, fun, creative and artistic programs that will inspire and motive youth to reach
higher educational goals and fulfill their highest potential in life. All the youth and families that
enroll in our Arts & Violence prevention program will have the opportunity to take as many Arts
enrichment classes of their choice in the various disciplines: a) Music, b) Visual Arts, c) Dance,
and/or d) Media Arts, during after -school hours (M-F), and on Saturdays.
OCCTAC Arts & Violence Prevention program will serve youth in two different age groups;
7yrs-11yrs and 12yrs-1 Syrs old. The intent is for this program to empower youth to explore and
participate in different art forms that are not readily available in their neighborhoods and provide
the support our families need to recover during these challenging times. Furthermore, these
programs will encourage the participants to use the creative process as a form of self-expression
and introspective practices to foster social emotional development, cultural diversity and pride.
The following classes represent a few examples of the wide variety of .Arts Enrichment activities
that OCCTAC teachers can provide at the various Recreational/Community Centers:
Music Classes -
• Intro to Guitar - Youth will learn basic guitar chords, basic guitar technique, proper
posture and learn to play simple melodies and songs in a group ensemble.
Intro to Violin - Youth will learn the proper way of holding the instrument, the parts of
the violin, the bow and the string names; and how to play simple melodies, as well as
study the basic theory music concepts, including rhythm, reading notes and music
terminology.
Visual Arts (Painting & Drawing, Mixed Media)
• Drawing and Painting- Youth will learn the basics of painting and drawing; and how to
use different techniques to apply a range of mediums as part of their exercises. Students
will learn how to use mixed medium techniques with lesson plans focused on
introspective creative processes that prompt the students to think about themselves, their
family and their role as an active member of their community. This program will
culminate each cycle with an art exhibition at the recreational center.
Media & Digital Arts (Some examples include Comic Book Creation, Animation, Video -
Technology)
20
• Comic Book Creation Class - This class will provide the foundation for those who are
interested in enhancing their drawing skills. Youth will learn how to tell a visual story
that will allow them to explore the way they express their personal and social issues
within their community while learning all the technical skills required to meet the current
industry practices. Students also engage in creative writing as each student learns a new
way to tell their own personal and family stories.
Dance Classes (Ballet, Contemporary, Flamenco)
• Contemporary/Lyrical Fusion for Ages 8 — 15yrs - Contemporary Dance is a type of dance
style of expressive dance that has been able to combine features of several genres such as
modern, hip -hop, jazz, lyrical and classic ballet. Movement and rhythm comes naturally to
children, and when you get a child involved in regular dance classes, the benefits only get
better. Not only does dance allow kids to get their energy out, it is also a great way for them
to express themselves.
In addition to the various Arts enrichment classes, OCTAC will also provide additional in -kind
services for youth and their family at the various community/recreational centers, in partnership
with some of OCCTAC's key community partners:
a) Family Counseling and Individual Counseling (Youth and/or Parents) — Pepperdine
University, School of Psychology (Clinical Psychology & Marriage and Family Therapy
Interns) and OCCTAC employees;
b) Crises Counseling - MECCA and County of Orange, Health Care Agency, Behavioral
Health Services (MFT interns) and OCCTAC employees;
c) Parenting Classes — Santa Ana College instructors & OCCTAC employees;
d) Academic Tutoring & Homework Support - Santa Ana College, Chapman University,
and Cal State Fullerton students and OCCTAC employees.
An important component of OCCTAC's Violence prevention program is parent engagement. In
addition to the programs offered to our Santa Ana youth, the parents will be encouraged to
participate in a weekly series of Parenting Classes focused on crime and violence prevention,
discipline strategies, communication skills, family conflict, behavioral problems, family violence
and others. This parenting program is designed to help parents learn to recognize both prosocial
and antisocial behaviors, employ social learning techniques (e,g., positive reinforcement,
ignoring, distraction, etc.), preventing delinquency and family violence. Family counseling and
Crises counseling will also be available to families experiencing crises. Both youth and parents
will get the needed counseling and emotional support. OCCTAC is committed to a holistic
approach to violence prevention that integrates the Arts, Academic support, Counseling and
Parenting classes. OCCTAC fills an existing gap in services for our youth in the Santa Ana
community.
Duration of the Program - The OCCTAC's Arts & Violence Prevention program will be
offered to the community for a period of 1 year; and with the possibility of continuing the
services at the community centers or at OCCTAC for a longer period of time, contingent upon
funding.
21
EXHIBIT B
FEE PAYMENT SCHEDULE
22
FISCAL YEAR 2022-2023
PROPOSED PROGRAM BUDGET
Organization Name Orange County Children's Therapeutic Arcs Center
Program Name Arts and Violence Prevention Program
Term: July 1, 2022 to June 30, 2023
EXPENDITURES
Enter budget categories and protected expenditures:
Category
Expenditures
Funded By
Santa Ana
REVIVE Funds
Expenditures
Funded By
Other Sources
Program
Budget
Total
Organization
Budget
Administrative Staff Salaries
$20,592
$ 89,735.50
$110,328
$ 170,367
Program Staff Salaries
$88,282
$ 573,915.70
$662,198
$ 924,136
Contractual Services
$0
$ 11,478.00
$11,478
$ 22,955
Program Supplies
$4,760
$ 33,379.00
$38,139
$ 63,965
Rent and Utilities
$0
$ 62,326
$62,326
$ 124,652
Other expenses
$0
$0
$ 32,794
$0
$0
$0
$0
Total Direct Costs
$113,634
$ 770,834
1 $884,4681
$ 1,338,869
Indirect Cost 10%
$11,364
$ 77,083.42
1 $88,447
TOTAL
$124,998
$847,9181
$972,9161
$1,338,869
PROGRAM RESOURCES
LIST ALL OTHER PROGRAM RESOURCES FOR 2022-2023
Funding Source Total must equal Program Budget Total listed above.
FUNDING SOURCE
AMOUNT
Santa Ana REVIVE
$
124,998
Public & Private Donations
$
100,883.00
Public & Private Foundations
$
32,791.00
Contracts
$
563,655.00
Corporate Donations
$
10,017.00
OCCTAC Inkind
$
87,572,00
Fundraising
$
53,000.00
TOTAL
$
972,916
23
2022.2023 REVIVE BUDGET LINE ITEMS
ADMINISTRATIVE STAFF
Position Title
Annual Salary & Benefits
REVIVE Funds
Description
Program Coordinator
$ 6,600.00
$ 6,600.00
Program Coordinator
$ 6,600.00
$ 6,600.00
Program Coordinator
$ 7,392.00
$ 7,392.00
PROGRAM STAFF
Position Title
Annual Salary & Benefits
REVIVE Funds
Description
Visual Arts Instructor
$ 21,120.00
$ 21,120.00
Media Arts Instructor
$ 21,120.00
$ 21,120.00
Dance Instructor
$ 21,120.00
$ 21,120.00
Music Instructor
$ 21,120,00
$ 21,120,00
Program Support Staff
$ 3,602.00
$ 3,802.00
SUPPORT STAFF
Type of Service Contract Amount REVIVE Funds Description
PROGRAM SUPPLIES
Line Item
Program Amount
REVIVE Funds
Description
Media & Studio Art Supplie and
Music Instruments
$ 4,760.00
$4,760
Attachment 1(b)
24
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.
II. 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. CONTRACTORIStiBRECIPIENT 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.
25
IV. FEDERAL AWARD IDENTIFICATION
�— FAIN INFORMATION
A.
CONTRACTOR Name:
ORANGE COUNTY CHILDREN'S THERAPEUTIC ARTS
CENTER
B.
CONTRACTOR'S Unique
014317940
Identifier (D-U-N-S):
Federal Award
C.
Identification Number
SLFRP 1059
(FAIN):
D.
Federal Award Date:
5/19/2021
E.
Sub ward Period of 7/l/2022-6/30/2023
Performance:
Total Amount of Federal
F.
Funds Obligated by the $124,998
Action:
Total Amount of Federal
G.
Funds Obligated to the
$124 998
CONTRACTOR:
H'
Total Amount of the
$64,180,406.50
Federal Award:
I.
Federal Award Project
American Rescue Plan Act (AP -PA)
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:
(714) 647-5200
kridge(a-)santa-ana.org
Phone Number:
E-mail Address:
M.
CFDA Number:
21.027
CFDA Name:
Coronavirus State and Local Fiscal Recovery Funds
N.
Whether Award is R&D:
No
O.
Indirect Cost Rate for the
de minimus or federally negotiated rate
Federal Award:
26
OIL-
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 VH of the May 26,1988 Federal &ulster (pages 1916049211).
(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 cegification, such prospective participant shall attach an expo na`on to this
proposal.
Dr. Ana Jimenez Harm, Founder and Executive Director
Name and Title of Authorized Representative
_
03/16/2022
Signature Date
27
INSTRUCTIONS FOR CERTIFICATION
l . By signing and submitting this proposal, the prospective recipient of federal assistance funds
is providing the certification as set out below.
2. The certification in this clause is a material representation of fact upon which reliance was
placed when this transaction was entered into. If it is later determined that the prospective
recipient of federal assistance funds knowingly rendered an erroneous certification, in
addition to other remedies available to the Federal Government, the Department of Labor
(DOL) may pursue available remedies, including suspension and/or debarment.
3. The prospective recipient of federal assistance funds shall provide immediate written notice
to the person to which this proposal is submitted if at any time the prospective recipient of
federal assistance finds learns that its certification was erroneous when submitted or has
become erroneous by reason of changed circumstances.
4. The terms "covemd 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
moMcation, in all lower tier covered transactions and in all solicitations for lower tier
covered transactions.
7. A participant in a covered transaction may rely upon a 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 cerdfcation 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 Partiesxcludnd
from Procurement or No�uremen Pro
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.
t' o
9. Except for transactions authorized tinder paragraph 5 of these instntctions, if a participant in
a covered transaction knowingly enters into a lower tier covered transactYon with a person
who is suspended, debarred, ineligible, or voluntarily excluded from participation in this
trartsac.�tion, in addition to other remedies available to the Federal Government, the DOL may
pursue available remedies, including suspension and/or debarment.
R
EXEIIBIT E
LOBBYING
Certification Regarding Lobbying
Certification for Contract Grants. Low 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, ss, an officer or employee of Congress, or an employee of a
Member of Congress in connection with the awarding of any Federal contract, the making of any
cooperative agreement, and the extension, continuation, renewal, amendment, or modification of
any Federal contact, grant, loan or cooperative agreement,
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person
for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall
complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance
with its instructions.
(3) The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontract, subgrants, and contracts tinder
grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose
accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making
or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who
fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and
not more than $100,000 for each such failure.
Oranae Countv Children's Theraneutic Arts Center A
For Santa Ana Youth
Grantee/Contactor Organization Program Title
Dr. Ana Jimenez -Ham" 03/16/2022
Name of Certifying Officer tigmturp Date
30
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.
31
IAN ;_1I'
DRUG -FREE WORKPLACE
Certification Reearding Drug -Free Workplace Reanimments
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 Uovemment, may take
action authorized under the Drug Free Workplace Act.
CERMCATiON
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 as employee or otherwise
receiving actual notice of such conviction;
32
(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) Taping 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.
Orange County Children's Therapol c_Ads_Center
OrMi7Atian ..�
_ 03/16/2022�
Date
33
PLACE OF PERFORMANCE
FOR CERTIFICATION REGARDING DRUG -FREE
WORKPLACE REQUIREMENTS
Name: Or a Co= Children's Thmpeutic Arts Center
Date: 03/16/2022
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):
C1tvQ Santa Ana. Parks and Recreation Centers
34
AGREEMENT BETWEEN THE CITY OF SANTA ANA AND
ORANGE COUNTY CHILDREN'S THERAPEUTIC ARTS CENTER FOR USE OF
AMERICAN RESCUE PLAN ACT (ARPA) FUNDS
This Agreement is hereby made and entered into this 3rd day of May, 2022, by and
between the City of Santa Ana, a charter city and municipal corporation organized and existing
under the Constitution and laws of the State of California ("CITY"), and Orange County
Children's Therapeutic Arts Center, a California domestic nonprofit corporation
("SUBRECIPIENT" or "CONTRACTOR").
RECITALS:
A. The American Rescue Plan Act ("ARPA") was signed into law in March 2021. ARPA
provides funding for a number of different programs, including the Coronavirus State and
Local Fiscal Recovery Fund ("SLFRF"), to provide monetary support to local governments
to respond to, mitigate, and recover from the COVID-19 public health emergency.
B. On July 20, 2021, the Santa Ana City Council authorized the City Manager to utilize ARPA
SLFRF funding from the United States Department of Treasury for the Revive Santa Ana
Spending Plan, which includes five spending categories: recovery from the pandemic, direct
assistance programs, public health and safety, critical infrastructure, and city fiscal health.
C. SUBRECIPIENT has been selected by the CITY to receive ARPA SLFRF Funds in order to
provide youth programs, including: early childhood support; head start; day care; after school
tutoring; athletic; and, youth violence prevention, in accordance with the Scope of Work
attached hereto as Exhibit A and incorporated herein by reference ("said program").
SUBRECIPIENT represents that it is qualified and willing to operate said program and
certifies that the administration of said program carried out with funds provided under this
Agreement will meet ARPA's objectives to respond to, mitigate, and recover from this
historic COVID-19 public health crisis.
D. SUBRECIPIENT agrees that it will adhere to the tasks and services as indicated in Exhibit A
for said program. Failure to follow the requirements and meet the stated expectations may
constitute breach of contract that could result in termination of this Agreement or serve as
reason for the CITY to recapture the grant funds awarded to SUBRECIPIENT pursuant to
this Agreement.
WHEREFORE, it is agreed by and between the parties that the foregoing Recitals are a
substantive part of this Agreement and the following terms and conditions are approved and together
with all exhibits and attachments hereto, shall constitute the entire Agreement between the CITY and
SUBRECIPIENT:
1. 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 July 1 st, 2022,
and continue through June 30, 2023 ("Term"), unless terminated earlier pursuant to the terms of
this Agreement. This Agreement shall also cover any and all services provided by the
SUBRECIPIENT to the CITY since the date the ARPA SURF Funds were awarded to the CITY.
Additionally, the Term of this Agreement may be extended by a writing executed by the City
Manager, or designee, and the City Attorney.
C. Amount of Grant Funding. The total amount of funds provided for said program
shall not exceed One Hundred Twenty -Four Thousand Nine Hundred Ninety -Eight Dollars and
Zero Cents ($124,998) ("ARPA SURF Funds") during the Term of the Agreement.
SUBRECIPIENT agrees to use said ARPA SURF Funds to administer said program as outlined in
Exhibit A.
D. Disbursement of Funds. Said ARPA SURF Funds shall be disbursed by CITY to
SUBRECIPIENT pursuant to the terms found in the Fee Payment Schedule attached hereto as
Exhibit B, with payments subject to the submittal of invoices and other reporting requirements,
as hereinafter more fully set forth. SUBRECIPIENT shall be obligated to perform such duties as
would normally extend beyond the term, including, but not limited to, obligations with respect to
indemnification, audits, reporting, data retention/reporting, and accounting. Failure to provide any
of the required documentation and reporting will cause CITY to withhold all or a portion of a
request for ARPA SLFRF Funds, or return the entire request to SUBRECIPIENT, until such
documentation and reporting has been received and approved by CITY.
(1) Reduction in ARPA SURF Funding. The CITY reserves the right to reduce
the amount of ARPA SURF Funds to SUBRECIPIENT, or to completely terminate this
Agreement, in the CITY's sole discretion, if there is a reduction in ARPA SURF Funds provided
to the CITY.
(2) Reduced Distribution of Funds. The CITY reserves the right to reduce the
grant application if the CITY's fiscal monitoring indicates that SUBRECIPIENT's rate of
expenditure will result in unspent funds at the end of the program term. Amendments in the grant
allocation will be made after consultation with SUBRECIPIENT.
(3) Reversion of Assets. SUBRECIPIENT agrees that any and all funds received
under this Agreement shall be utilized during the Term of this Agreement, and that any and all funds
remaining as of the end of the Term, which have not been utilized, shall be returned by
SUBRECIPIENT to the CITY within thirty (30) days of the expiration or earlier termination of the
Agreement. No expense of SUBRECIPIENT will be reimbursed by CITY if incurred after the end
of the Term of the Agreement.
2
E. Grant Program Requirements.
(1) SUBRECIPIENT acknowledges that the source of funding for said program is the
federal ARPA, and that payments from the ARPA SURF Funds are only to be used to make
necessary expenditures incurred due to the public health emergency with respect to COVID-19.
(2) SUBRECIPIENT acknowledges that ARPA provisions allow the use of ARPA
SURF Funds to respond to, mitigate, and recover from the COVID-19 public health emergency, and
will not use these funds for any other uses.
(3) SUBRECIPIENT shall follow the process and determination of eligibility for
participants in said program as outlined in Exhibit A.
F. Performance Monitoring.
(1) SUBRECIPIENT shall submit program performance information as often as
requested by CITY, but no less than the submission of monthly reports and a final report to CITY
with the information requested by and in the format acceptable to CITY. Each monthly report is due
within thirty (30) days of completion of work for each month. The final report is due within thirty
(30) days after the termination or expiration of this Agreement.
(2) CITY will evaluate SUBRECIPIENT's management and operation of said
program with respect to the project expectations as described in Exhibit A.
(3) CITY will review the audit of the SUBRECIPIENT to ensure that grant funds are
used for authorized purposes in compliance with laws, regulations, and the provisions of contracts or
grant agreements under this Agreement, including attachments and exhibits.
(4) If action to correct any substandard performance is not taken by the
SUBRECIPIENT within a reasonable period after being notified by CITY, suspension or termination
procedures may be initiated by CITY.
(5) All performance shall be subject to review by the CITY or other regulatory
agencies at all times. SUBRECIPIENT shall provide adequate cooperation to any inspector or other
CITY representative to permit the same to determine SUBRECIPIENT's conformity with the terms
of this Agreement. If any services performed by SUBRECIPIENT are not in conformance with the
terms of this Agreement, the CITY shall have the right to require SUBRECIPIENT to perform the
services in conformance with the terms of the Agreement at no additional cost. The CITY may also
terminate this Agreement for default and charge SUBRECIPIENT for any costs incurred by the CITY
because of SUBRECIPIENT's failure to perform.
(b) SUBRECIPIENT shall establish adequate procedures for self -monitoring and
quality control and assurance to ensure proper performance under this Agreement; and shall permit a
CITY representative or other regulatory official to monitor, assess, or evaluate SUBRECIPIENT's
performance under this Agreement at any time, upon reasonable notice to SUBRECIPIENT.
G. Audit.
(1) SUBRECIPIENT shall maintain complete and accurate records and supporting
documentation to facilitate financial and/or program audits by CITY. This requirement shall apply
to any records and documentation CITY shall reasonably require or as required to be maintained
pursuant to the ARPA regulations.
(2) The books and accounts, files, and other records of SUBRECIPIENT, which are
applicable to this Agreement, shall be available for inspection, review, and audit during normal
business hours by CITY to determine the proper application and use of all ARPA SLFRF Funds
provided to or for the account or benefit of SUBRECIPIENT.
(3) SUBRECIPIENT assumes responsibility for reimbursement to CITY a sum of
money equivalent to the amount of any expenditures disallowed should the CITY, or an authorized
agency, rule through audit, exception, or some other appropriate means, that expenditures from funds
allocated to SUBRECIPIENT for direct and/or administrative costs were not made in compliance
with the applicable cost principles, regulations, or the provisions of this Agreement.
(4) SUBRECIPIENT agrees to comply with the requirements of OMB Uniform
Guidance 2 CFR Part 200. SUBRECIPIENT further agrees to provide CITY with a copy of
completed independent auditors' report within thirty (30) days of CITY's request for such report. If
the report contains instances of non-compliance with federal laws and regulations that bear directly
on the performance or administration of this Agreement, SUBRECIPIENT shall provide CITY copies
of responses to auditors' reports, a plan for corrective action, and auditors' response that the
noncompliance has been resolved. All reports prepared in accord with the requirements of OMB
Uniform Guidance 2 CFR Part 200 shall be available for inspection by representatives of CITY or the
federal government during normal business hours.
(5) All accounting records, reports, and evidence pertaining to all costs, expenses
and the ARPA SLFRF Funds of SUBRECIPIENT and all documents related to this Agreement
shall be maintained and kept available at SUBRECIPIENT'S office or place of business for the
duration of the Agreement and thereafter for five (5) years from the date of final payment under
this Agreement. Records which relate to: (a) complaints, claims, administrative proceedings or
litigation arising out of the performance of this Agreement; or, (b) costs and expenses of this
Agreement to which CITY or any other governmental agency takes exception, shall be retained
beyond the five (5) years until complete resolution or disposition of such appeals, litigation claims,
or exceptions. In the event SUBRECIPIENT does not make the above -referenced documents
available within the City of Santa Ana, California, SUBRECIPIENT agrees to pay all necessary and
reasonable expenses incurred by CITY in conducting any audit at the location where said records and
books of account are maintained.
H. Ownership/Use of Materials. SUBRECIPIENT agrees that all materials, reports or
products in any form, including electronic, created by SUBRECIPIENT for which
Cl
SUBRECIPIENT has been compensated pursuant to this Agreement shall be the sole property of
the CITY. The material, reports, or products may be used by the CITY for any purpose that the
CITY deems to be appropriate, including, but not limit to, duplication and/or distribution within
the CITY or to third parties. SUBRECIPIENT agrees not to release or circulate in whole or part
such materials, reports, or products without prior written authorization of the CITY.
I. Close -Out. SUBRECIPIENT agrees to comply with the closeout procedures
detailed in 2 CFR §200.343, including the following:
(1) SUBRECIPIENT must submit, no later than ninety (90) calendar days after the
end date of the period of performance, all financial, performance, and other reports as required by
the terms and conditions of this Agreement;
(2) SUBRECIPIENT must promptly refund any balances of unobligated cash that
the CITY paid in advance or paid and that is not authorized to be retained by SUBRECIPIENT for
use in other projects (See OMB Circular A-129 and 2 CFR §200.345); and,
(3) CITY should complete all closeout actions for the Federal award no later than
one year after receipt and acceptance of all required final reports,
1I. SUBRECIPIENT'S OBLIGATIONS
A. Representations and Warranties.
(1) Authority. SUBRECIPIENT is a duly organized and existing domestic
nonprofit corporation in good standing and authorized to do business under the laws of the State
of California. SUBRECIPIENT has full right, power and lawful authority to accept the funding
hereunder and to undertake all obligations as provided herein and the execution, performance and
delivery of this Agreement by SUBRECIPIENT has been fully authorized by all requisite actions
on the part of SUBRECIPIENT.
(2) Experience. SUBRECIPIENT is qualified to provide the administrator services
for said program detailed herein.
(3) Familiarity With Services Required. By executing this Agreement,
SUBRECIPIENT warrants that: (i) it has thoroughly investigated and considered the administrator
services to be performed and provided for said program as detailed in Exhibit A; (ii) it has
carefully considered how the services should be performed; and. (iii) it fully understands the
facilities, difficulties and restrictions attending performance of the services under this Agreement.
(4) No Conflict. To the best of SUBRECIPIENT'S knowledge,
SUBRECIPIENT'S execution, delivery and performance of its obligations under this Agreement
will not constitute a default or a breach under any contract, agreement or order to which
SUBRECIPIENT is a party or by which it is bound.
(5) No Bankruptcy. SUBRECIPIENT is not the subject of any current or
threatened bankruptcy proceeding.
5
(6) No Pending Legal Proceedings. SUBRECIPIENT is not the subject of a
current or threatened litigation that would or may materially affect SUBRECIPIENT'S
performance under this Agreement.
(7) Proposal Veracity. All provisions of and information provided in
SUBRECIPIENT's proposal submitted to CITY, including any exhibits, are true and correct in all
material respects.
(8) No Pending Investigation. SUBRECIPIENT has no knowledge that it is the
subject of any current or threatened criminal or civil action investigation by any public agency,
including without limitation a police agency or prosecuting authority, which would relate to or
affect performance of the Agreement or provision of services hereunder.
B. Licensing. SUBRECIPIENT agrees to obtain and maintain all required licenses,
registrations, accreditation and inspections from all agencies governing its operations.
SUBRECIPIENT shall ensure that its staff shall also obtain and maintain all required licenses,
registrations, accreditation and inspections from all agencies governing SUBRECIPIENT's
operations hereunder. Such licensing requirements include obtaining a City business license, as
applicable.
C. Zoning. SUBRECIPIENT agrees that any facility/property used in furtherance of said
program shall be specifically zoned and permitted for such use(s) and activities. Should
SUBRECIPIENT fail to have the required Iand 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 SUBRECIPIENT from CITY pursuant
to this Agreement shall be maintained in an account in a federally insured banking or savings and
loan institution with record keeping of such accounts maintained pursuant to applicable 2 CFR
200.302 requirements. SUBRECIPIENT is not required to maintain separate depository accounts for
AR -PA SLFRF Funds; provided however, the SUBRECIPIENT must be able to account for receipt,
obligation, distribution and expenditure of ARPA SLFRF Funds pursuant to applicable 2 CFR
200.302 requirements.
E. Audit_ Report Requirements. SUBRECIPIENT agrees that if SUBRECIPIENT
expends Seven Hundred Fifty Thousand Dollars ($750,000) or more in federal funds,
SUBRECIPIENT shall have an annual audit conducted by a certified public accountant in accordance
with the standards as set forth and published by the United States Office of Management and Budget.
SUBRECIPIENT shall provide CITY with a copy of said audit by April 1 of the year following the
program year in which this Agreement is executed.
3
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.
L Independent Contractor. SUBRECIPIENT agrees that the performance of obligations
hereunder is rendered in its capacity as an independent contractor and that it is in no way an agent of
CITY.
J. Violation of Terms and Conditions. SUBRECIPIENT agrees that if SUBRECIPIENT
violates any of the terms and conditions of this Agreement or any prior Agreement whereby ARPA
SURF Funds were received by SUBRECIPIENT, or if SUBRECIPIENT reports inaccurately, or if
on audit there is a disallowance of certain expenditures, SUBRECIPIENT agrees to remedy the acts
or omissions causing the disallowance and repay CITY all amounts spent in violation thereof. If
SUBRECIPIENT engaged in fraudulent activity to obtain and/or justify distribution or expenditure
of the ARPA SURF Funds granted hereunder, SUBRECIPIENT shall be required to reimburse the
CITY of all such funds that were obtained, distributed and/or spent under fraudulent circumstances.
K. Fraud. SUBRECIPIENT shall immediately report all suspected or known instances
and facts concerning possible fraud, abuse or criminal activity related to said program for the ARPA
SURF Funds under this Agreement.
7
L. Prohibited Use. SUBRECIPIENT hereby certifies and agrees that it will not use
ARPA SLFRF Funds provided through this Agreement to pay for entertainment, meals or gins, or
other prohibited uses.
M. Lobbying. SUBRECIPIENT certifies that it will comply with federal law (31 U.S.C.
1352) and regulations found at 24 CFR Part 87, which provide that no appropriated funds may be
expended by the recipient of a federal contract, grant, loan or cooperative agreement to pay any person
for influencing or attempting to influence an officer or employee of any agency, Member of Congress,
or an officer or employee of a Member of Congress in connection with awarding of any federal
contract, the making of any federal grant or loan, entering into any cooperative agreement and the
extension, renewal, amendment or modification of any federal contract, grant, loan or cooperative
agreement. SUBRECIPIENT shall sign a certification to that effect in a form as set forth in Exhibit
E, attached hereto and by this reference incorporated herein. SUBRECIPIENT shall submit said
signed certification to CITY prior to performing any of its obligations under this Agreement and prior
to any obligation arising on the part of CITY to pay any sums to SUBRECIPIENT under the terms
and conditions of this Agreement.
If any funds other than Federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any agency, a Member
of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall
complete and submit a "Disclosure Form to Report Lobbying," in accordance with its instructions
(Exhibit E).
N. Financial Interest. SUBRECIPIENT agrees that except for the use of administrative
fees to pay salaries and other related administrative or personnel costs, no persons who exercise or
have exercised any function with respect to administering said program under the 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.
E:3
P. Equal EmployMent Opportunities. SUBRECIPIENT shall make every effort to
ensure that all projects funded wholly or in part by ARPA SURF Funds shall provide equal
employment opportunities for minorities and women.
Q. Women and Minority -Owned Businesses ffiMBF.. SUBRECIPIENT will use its
best efforts to afford small businesses, minority business enterprises, and women's business
enterprises the maximum practicable opportunity to participate in the performance of this
Agreement in accordance with the requirements of 2 CFR 200.321 "Contracting with small and
minority businesses, women's business enterprises, and labor surplus area firms". As used in this
Agreement, the term "small business" means a business that meets the criteria set forth in section
3(a) of the Small Business Act, as amended (15 U.S.C. 632), and "minority and women's business
enterprise" means a business at least fifty-one percent (S 1 %) 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 Re uirements Cost Principles, and Audit Requirements
for Federal Awards. The following requirements and standards must be complied with: 2 CFR
Part 200 et al, SUBRECIPIENT shall procure all materials, property, or services in accordance
with the requirements of 2 CFR 200.318-326.
III. CITY'S OBLIGATIONS
A. Audit of Account. CITY shall include an audit of the account maintained by
SUBRECIPIENT in CITY's audit of all ARPA SURF 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
lJ
performed its obligations as stated in this contract in a satisfactory manner, or if the CITY
determines that insufficient supporting information has been submitted, the CITY shall notify the
SUBRECIPIENT in writing of its determination specifying in full detail the objections that it has
to the SUBRECIPIENT's performance. If action to correct such substandard performance is not
taken by the SUBRECIPIENT after being notified by the CITY, within a reasonable period of time
as stipulated in the written notification, contract suspension or termination procedures will be
initiated.
IV. GENERAL PROVISIONS
A. Non -Discrimination.
1. SUBRECIPIENT agrees to comply with Executive Order 11246, which requires
that during the performance of this Agreement, SUBRECIPIENT agrees not to discriminate against
any employee or applicant for employment because of race, religion, sex, color or national origin.
Such action shall include, but not be limited to the following: employment, upgrading, demotion, or
transfer, rates of pay or other forms of compensation, and selection for training, including
apprenticeship. SUBRECIPIENT agrees to post in conspicuous places, available to employees and
applicants for employment, notices to be provided by the SUBRECIPIENT setting forth the
provisions of this nondiscrimination clause.
2. SUBRECIPIENT agrees to comply with Title VI of the Civil Rights Act of 1964,
which indicates that no person shall, on the ground of race, color or national origin, be excluded from
participation in, be denied the benefits of, or be subject to discrimination under any program of activity
receiving federal financial assistance,
3. No person shall, on the grounds of race, sex, creed, color, religion, marital status,
national origin, age, sexual orientation, or physical or mental handicap be excluded from participation
in, be refused the benefits of, or otherwise be subject to discrimination in any activities, programs or
employment supported by this Agreement. SUBRECIPIENT is prohibited from discrimination on
the basis of age or with respect to an otherwise qualified handicapped person as provided for under
Section 109 of the Housing and Community Development Act of 1974, as amended.
4. SUBRECIPIENT agrees to comply with the Age Discrimination Act of 1975,
which requires that during the performance of this Agreement, SUBRECIPIENT agrees not to
discriminate against any employee or applicant for employment because of age. Such action shall
include, but not be limited to the following: employment upgrading, demotion, or transfer, rates of
pay or other forms of compensation, and selection for training, including apprenticeship.
SUBRECIPIENT agrees to post in conspicuous places, available to employees and applicants for
employment, notices to be provided by the SUBRECIPIENT setting forth the provisions of this age
discrimination clause.
5. SUBRECIPIENT agrees to comply with Section 504 of the Rehabilitation Act of
1973, which requires that no otherwise qualified individual with a disability in the United States, shall,
solely by reason of his or her disability, be excluded from the participation in, be denied the benefits
of, or be subjected to discrimination under any program or activity receiving federal financial
10
assistance or under any program or activity conducted by any executive agency or by the United
States Postal Service.
B. Conflict of Interest. Pursuant to the conflict of interest requirements set forth in 24
CFR 570.611 and 2 CFR 200.112, SU13RECIPIENT 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.
S. 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
II
section, the term "immediate family" means spouse, child, mother, father, brother, sister, brother-in-
law, sister-in-law, father-in-law, mother-in-law, son-in-law, daughter-in-law, aunt, uncle, niece,
nephew, stepparent and stepchild. The term "administrative capacity" means having selection, hiring,
supervisor or management responsibilities.
E. Notices. Notices to the parties shall, unless otherwise requested in writing, be sent by
U.S. Mail, postage prepaid, and addressed as follows:
TO CITY: City of Santa Ana
Lisa Rudloff
Executive Director
TO SUBRECIPIENT:
Parks, Recreation and Community Services Agency
20 Civic Center Plaza
P.O. Box 1988
Santa Ana, California 92702-1988
Ana Jimenez-Hami
Executive Director
2215 N Broadway, 1st Floor
Santa Ana, CA 92706-2664
F. Assi ng abilfty. 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 frorn or in connection with
the performance of the work hereunder and the results of that work by the Contractor, its agents,
representatives, employees, or subcontractors.
12
a. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad
as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00
01 covering CGL on an "occurrence" basis, including products and completed
operations, property damage, bodily injury and personal & advertising injury
with limits no less than $2,000,000 per occurrence. If a general aggregate limit
applies, either the general aggregate limit shall apply separately to this
project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be
twice the required occurrence limit.
2. Automobile Liability: Insurance Services Office Form Number CA 0001
covering, Code 1 (any auto), or if Contractor has no owned autos, Code 8 (hired)
and 9 (non -owned), with limit no less than $1,000,000 (if program services
includes transportation of youth, the limit shall be no less than $5,000,000) per
accident for bodily injury and property damage. (Not required if an automobile
is not required to fulfill services.)
3. Workers' Compensation: insurance as required by the State of California, with
Statutory Limits, and Employer's Liability Insurance with limit of no less than
$1,000,000 per accident for bodily injury or disease.
4. Sexual Abuse or Molestation (SAM) Liability: 1f the CGL policy referenced
above is not endorsed to include affirmative coverage for sexual abuse or
molestation, Contractor shall obtain and maintain a policy covering Sexual
Abuse and Molestation with a limit no less than $1,000,000 per occurrence or
claim.
5. If the Contractor maintains broader coverage and/or higher limits than the
minimums shown above, the City requires and shall be entitled to the broader
coverage and/or the higher limits maintained by the Contractor. Any available
insurance proceeds in excess of the specified minimum limits of insurance and
coverage shall be available to the City.
b. Other Insurance Provisions — The insurance policies are to contain, or be endorsed to
contain, the following provisions.
1. Additional Insured Status: The City, its officers, officials, employees, and
volunteers are to be covered as additional insureds on the CGL policy with
respect to liability arising out of work or operations performed by or on behalf
of the Contractor including materials, parts, or equipment furnished in
connection with such work or operations. General liability coverage can be
provided in the form of an endorsement to the Contractor's insurance (at least
as broad as ISO Form CG 20 10 11 85 or if not available, through the addition
of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if a
later edition is used).
2. Primary Coverage: For any claims related to this contract, the Contractor's
insurance coverage shall be primary coverage at least as broad as ISO CG 20
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,
13
employees, or volunteers shall be excess of the Contractor's insurance and shall
not contribute with it.
3. Notice of Cancellation: Each insurance policy required above shall state that
coverage shall not be canceled, except with notice to the City.
4. Waiver of Subrogation: Contractor hereby grants to City a waiver of any right
to subrogation which any insurer of said Contractor may acquire against the
City by virtue of the payment of any loss under such insurance. Contractor
agrees to obtain any endorsement that may be necessary to affect this waiver of
subrogation, but this provision applies regardless of whether or not the City has
received a waiver of subrogation endorsement from the insurer.
5. Self -Insured Retentions: Self -insured retentions must be declared to and
approved by the City. The City may require the Contractor to purchase coverage
with a lower retention or provide proof of ability to pay losses and related
investigations, claim administration, and defense expenses within the retention,
The policy language shall provide, or be endorsed to provide, that the self -
insured retention may be satisfied by either the named insured or City.
6. Acceptability of Insurers: Insurance is to be placed with insurers authorized to
conduct business in the state with a current A.M. Best's rating of no less than
ANIL 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.
Verification of Coverage: Contractor shall furnish the City with original
Certificates of Insurance including all required amendatory endorsements (or
copies of the applicable policy language effecting coverage required by this
clause) and a copy of the Declarations and Endorsement Page of the CGL policy
listing all policy endorsements to City before work begins. However, failure to
obtain the required documents prior to the work beginning shall not waive the
Contractor's obligation to provide them. City reserves the right to require
complete, certified copies of all required insurance policies, including
endorsements required by these specifications, at any time.
14
9. Special Risks or Circumstances: City reserves the right to modify these
requirements, including limits, based on the nature of the risk, prior experience,
insurer, coverage, or other special circumstances.
1. Termination.
1. This Agreement may be terminated on thirty (30) days' written notice by either
party. In the event of such termination, SUBRECIP ENT shall only be entitled to reimbursement for
approved expenses incurred to the effective date of termination.
2. This Agreement may be suspended or terminated by CITY upon five (5) days'
written notice for violation by SUBRECIPIENT of Federal Laws governing the use of ARPA SURF
Funds. 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 1(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.
15
J. Limitation of Funds. The United States of America may in the future place
programmatic or fiscal limitations on the use of ARPA SLFRF Funds, which limitations are not
presently anticipated. Accordingly, CITY reserves the right to revise this Agreement in order to take
account of actions affecting ARPA program funding. In the event of funding reduction, CITY may,
in its sole and absolute discretion, reduce the budget of this Agreement, may limit the rate of
SUBRECIPIENT's authority to utilize funds, or may restrict SUBRECIPIENT's use of uncommitted
funds. Where CITY has been directed to implement a reduction in funding, with respect to funding
for this Agreement, CITY's City Manager or delegate is authorized to act for CITY in implementing
and effecting such a reduction and in revising, modifying, or amending the Agreement for such
purposes. If such a reduction in funding occurs, SUBRECIPIENT shall be permitted to de -scope
accordingly. Where CITY has reasonable grounds to question SUBRECIPIENT's fiscal
accountability or compliance with this Agreement, CITY may suspend the operation of this
Agreement for up to sixty (60) days upon five (5) days written notice to SUBRECIPIENT of its
intention to so act, pending an audit or other resolution of such questions. In no event, however, shall
any revisions made by CITY affect expenditures and legally binding commitments made by
SUBRECIPIENT before it received notice of such revision, provided that such amounts have been
committed in good faith and are otherwise allowable and that such commitments are consistent with
ARPA SLFRF Funds withdrawal guidelines.
K. Exclusivity and Amendment of Agreement. This Agreement supersedes any and all
other agreements, either oral or in writing, between the parties hereto with respect to the use of CITY's
ARPA SLFRF Funds by SUBRECIPIENT and contains all the covenants and agreements between
the parties with respect to SUBRECIPIIENT's administration of said program. Each party to this
Agreement acknowledges that no representations, inducements, promises or agreements, orally or
otherwise, have been made by any party, or anyone acting on behalf of any party, which are not
embodied herein, and that no other agreement or amendment hereto shall be effective unless executed
in writing and signed by both CITY and SUBRECIPIENT.
L. Laws Governing this Agreement. This Agreement shall be governed by and construed
in accordance with the laws of the State of California, and all applicable federal laws and regulations.
M. Validity and Severability. The invalidity in whole or in part of any provision of this
Agreement shall not void or affect the validity of any other provision of this Agreement. Whenever
possible, each provision of this AGREEMENT shall be interpreted in such manner as to be
effective and valid under applicable law, but if any provision of this AGREEMENT is held to be
prohibited by or invalid under applicable law, such provision shall be ineffective only to the extent
of such prohibition or invalidity, without invalidating the remainder of such provisions of this
AGREEMENT.
N. Waiver. No delay or omission by either 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.
16
O. Federal Award Identification Information. SUBRECIPIENT's pertinent Federal
Award Identification Information, including DUNS Number and Federal Award Identification
Number (FAIN), as well as the applicable information for ARPA, are included in Exhibit C
attached hereto and incorporated herein by this reference.
P. Miscellaneous Provisions.
1. Each undersigned represents and warrants that its signature herein below has the
power, authority and right to bind their respective parties to each of the terms of this Agreement, and
shall indemnify CITY fully, including reasonable costs and attorney's fees, for any injuries or
damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is
withdrawn.
2. All Exhibits and Attachments referenced herein and attached hereto shall be
incorporated as if fully set forth in the body of this Agreement.
3. This Agreement must be signed below and may be signed in counterpart and
delivered by fax, email as a PDF (Portable Document Format) file attachment, or by other means that
displays the original or a copy of the signatures. Any subsequent amendments may be signed and
delivered in the same manner.
{Signatures on following page}
17
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year
first written above.
ATTEST:
DAISY GOMEZ
Clerk of the Council
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
may: BRANDON SALVATIERRA
Deputy City Attorney
RECOMMENDED FOR APPROVAL:
LISA RUDLOFF
Executive Director
Parks, Recreation and Community Services Agency
CITY OF SANTA ANA
KRISTINE RIDGE
City Manager
SUBRECIPIENT:
a_ q--A - rN-�'
ANA JIMENEZ-HAMI
Executive Director
DUNS #: 014317940
41
EXHIBIT A
SCOPE OF WORK
Exhibit A
RFP NO: 21-116 A - REVIVE SANTA ANA YOUTH PROGRAMS
OCCTAC Early Childhood Program for Santa Ana Children & Parents
SCOPE OF WORK:
I. Details of Early Childhood Program for Santa Ana Children and Parents:
In partnership with the City of Santa Ana, Parks, Recreation and Community Services agency,
OCCTAC proposes to offer an Early Childhood support program for very young Santa Ana
children (6 months -- 5 years), and their parents. This Early Childhood Program will be offered
at the four Recreational Centers located within the Qualified Service Tract areas in the city of
Santa Ana, including: Jerome Center, Garfield Recreation Center, Roosevelt -Walker Center and
Salgado Recreation Center.
The goals of OCCTAC's Early Childhood (Early Start and Pre -Kinder Arts) programs are: (1) to
educate very young children from low-income communities in Santa, and get them ready for
school, (2) educate parents on what their children are learning, (3) prepare parents for
kindergarten learning, (4) introduce young children and parents to the arts, (5) integrate children
with and without disabilities when needed, and (5) prevent child abuse.
OCCTAC's Early Childhood program will run 4 days per week, and will require parents to
participate hands-on every day in the program. As noted above, parents will also attend a
parenting class to enhance their knowledge on their children's developmental stages, and other
important parenting topics. The children and parents will be separated per age group. The young
children (dmonts — 2.5 years) will he placed in the Early Start Program, and the older children
(3-5 years) will be placed in the Pre -Kinder Arts program. All families will be encouraged to
participate in the program as many days as possible to enhance their learning opportunities and
educational outcomes later in life.
Furthermore, the families will also have the opportunity to choose an additional Arts enrichment
activity of their choice that will be provided to the young children and parents at the
community/recreational centers. The following are some sample classes for very young
children:
Music Classes - Le Petit Piano Pro ram — For Ages 3 — Syrs.'
- My First Piano Adventures
Series — This class is for the pre -kinder group and kindergarten ages. Students will learn to play
their first musical notes in the piano, sing, play rhythm activities, and work in a small group
setting. Students will learn to interact socially and parents will slowly learn to help them conduct
themselves independently.
Visual Arts - WommylDaddy and Me Art class" For Ages 2 — 4 vrs. - Children and parents
will engage in fun art activities that will also enhance children's fine motor -skills, creativity and
self-expression. This hands-on art class will be the perfect introduction for the children, as they
explore color, shapes, texture, and more, while learning to love art and appreciate the creative
process.
Dance Classes — "Mommy/Daddy and Me Dance „Class" for Ages I — 3yrs. — Children and
parents will engage in fun dance activities together, while exploring Creative movement, Ballet,
Exhibit A
RFP NO: 21-116 A - REVIVE SANTA ANA YOUTH PROGRAMS
OCCTAC Early Childhood Program for Santa Ana Children & Parents
Tap Jazz, and others developmentally -appropriate songs and dances to bring about joy and self-
expression.
Duration of the Program - The OCCTAC's Early Childhood Education Program will be
offered to the community for a period of I year; and with the possibility of continuing the
services at the community centers or at OCCTAC for a longer period of time, contingent upon
funding.
Deliverables of the Program and Evaluation - In partnership with the City of Santa Ana, Parks
and Recreation Community Centers, OCCTAC will document success of the program based on
the following list of measurable outcomes:
1- School Readiness /Pre Academic concepts (number, letters, colors, shapes, etc.) gained by at
least 75% of all the children enrolled in the program (Pre and Posttests given to the children);
2. Observational Assessments of Growth of Children in Developmental Areas observed -- 75%
of all children enrolled will improve in at least one area of development: Language, Social -
Emotional, Cognitive/Academic (School Readiness skills), Motor/Physical;
3. Parents Educational Attainment— (Pre and Post assessments of Parent knowledge of
Developmental Stages and other Parenting Topics discussed during the year). Furthermore, in
partnership with the Santa Ana College, all the parents will be provided the opportunity to enroll
in a Child worker State Certificate program to enhance their educational levels and financial
opportunities to start a private business/ "Childcare program at home" and enhance their
economic/financial status.
4. Parent Surveys of Students progress & Program satisfaction - Parents surveys will be
conducted to gather feedback on their personal experience and level of satisfaction with the
program
2. Target Population
OCCTAC will provide services to families in Santa Ana communities disproportionately
impacted by COVID 19 public health emergency. OCCTAC will serve children and families
from unserved or underserved households living in Santa Ana neighborhoods that suffered a
negative economic impact caused by Covidl9. These families also live in neighborhoods
identified as Qualified Service Tracts (QCT). All 4 Community/ Recreational Centers were
OCCTAC will provide services are strategically located either inside a QCT or in very close
vicinity to neighborhoods that have been identified as Qualified Service tracts (QCT). The
services will be provided at the following community/recreational centers:
a Roosevelt -Walker Center - 816 E Chestnut Ave, Santa Ana
e Garfield Rec. Center - 501 N. Lacy street., Santa Ana
a Jerome Rec. Center - 726 W. Center street, Santa Ana
a Salgado Rec. Center - 706 N. Newhope street, Santa Ana
2
Exhibit A
RFP NO: 21-116 A - REVIVE SANTA ANA YOUTH PROGRAMS
OCCTAC Early Childhood Program for Santa Ana Children & Parents
3. Unmet Need:
OCCTAC plans to deliver this important program at the Recreational Centers to support families
that are unable to travel within the city. OCCTAC already has a presence in the community and
the capacity to develop and implement these programs with the support of this contract and the
partnership with the City of Santa Ana. This Early Childhood Education program will allow us to
expand our reach and enable more children and families to participate in the program to expand
the educational opportunities of very young children, educate parents and prevent crime and
violence in our Santa Ana community.
4. Collaborations with local organizations:
As mentioned previously, OCCTAC has built excellent community partnerships during our 21
years of operation. Some of these key agencies include the City of Santa Ana, the Santa Ana
Work Center, the Santa Ana Unified School District, the Santa Ana College, the County of
Orange, Social Services, the County of Orange, Health Care Agency, and local colleges, such as
Chapman University, Cal State Fullerton, and others. These important partnerships have allowed
our agency to expand our mission in the community and the level of services we provide to our
Santa Ana children, youth and families. We look forward to the opportunity of expanding this
partnership at the various community/recreational centers mentioned above. In addition, we plan
to continue our collaboration with the Santa Ana College to offer parenting classes for all the
families that enroll in the Early Childhood program, as well as a Child Worker State Certificate
program for parents that would like to expand their educational levels to complete this special
certificate.
5. Innovation in Program/Service Delivery:
OCCTAC's mission is unique and innovative! OCCTAC's Early Childhood Program for Santa
Ana children, and parents is also innovative in nature for the following reasons: 1) OCCTAC is
bringing the services to the community in their neighborhood recreational centers to provide
better access to low-income families that have transportation challenges; 2) OCCTAC uses an
educational model that brings children and parents learning together in a nurturing and creative
environment; 3) OCCTAC's creative curriculum integrates Arts, Language & Literacy and
School Readiness activities to educate and empower children and parents from low-income
communities; and 4) OCCTAC's holistic model of full inclusion, where children with and
without special needs socialize and learn together.
3
EXHIBIT B
FEE PAYMENT SCHEDULE
Exhibit B
FISCAL YEAR 2022-2023
PROPOSED PROGRAM BUDGET
Organization Name Orange County Children's Therapeutic Arts Center
Program Name Early Childhood Program
Term: July 1, 2022 to June 30, 2023
EXPENDITURES
Enter budget categories and projected expenditures:
Category
Expenditures
Funded By
Santa Ana
REVIVE Funds
Expenditures
Funded By
Other Sources
Program
Budget
Total
Organization
Budget
Administrative Staff Salaries
$7,920
$ 32,620.70
$40,541
$ 170,367
Program Staff Salaries
$99,528
$ 190,800.00
$290,328
$ 924,136
Contractual Services
$0
$ 3,673.00
$3,673
$ 22,955
Program Supplies
$6,186
$ 6,397,00
$12,583
$ 63,965
Rent and Utilities
$0
$ 24,930
$24,930
$ 124,652
Other expenses
$0
$0
$ 32,794
$0
$0
$0
$0
Total Direct Costs
$113,634
$ 258,421
$372,055
$ 1,338,869
Indirect Cost 10%
$11,364
$ 25,842.07
$37,206
TOTAL
$124,998
$284,263
$409,2611
$1.338,869
PROGRAM RESOURCES
LIST ALL OTHER PROGRAM RESOURCES FOR 2022-2023
Funding Source Total must equal Program Budget Total listed above.
FUNDING SOURCE
AMOUNT
Santa Ana REVIVE
$
124,998
Public & Private Donations
$
100,883.00
Public & Private Foundations
$
32,791.00
Contracts
$
-
Corporate Donations
$
10,017.00
OCCTAC Inkind
$
87,572.00
Fundraising
$
53,000.00
TOTAL
$
409,261
Exhibit B
2022-2023 REVIVE BUDGET LINE ITEMS
ADMINISTRATIVE STAFF
Position Title
Annual Salary & Benefits
REVIVE Funds
Description
Program Coordinator
$ 7,920.00
$ 7,920.00
PROGRAM STAFF
Position Title
Annual Salary & Benefits
REVIVE Funds
Description
Early Start Teacher
$ 17,952.00
$ 17,952.00
Early Start Teacher
$ 17,952,00
$ 17,952.00
Pre -Kinder Arts Teacher
$ 17,952.00
$ 17,952.00
Pre -Kinder Arts Teacher
$ 17,952.00
$ 17,952.00
Early Childhood Arts Instructor
$ 9,240#00$
9,240,00
Early Childhood Arts Instructor
$ 9,240
9,240.00
Early Childhood Arts Instructor
$ 9,240
9,240.00
SUPPORT STAFF
Type of Service Contract Amount REVIVE Funds Description
PROGRAM SUPPLIES
Line Item
Program Amount
REVIVE Funds
Description
Art, Music, Dance and Literacy
Supplies
$ 5,000.00
$ 5,000.00
Office and printing casts
$ 1,186.00
$ 1,186.00
Attachment 1(b)
EXHIBIT C
FEDERAL AWARD IDENTIFICATION INFORMATION
The General Program Requirements were designed to provide the framework where the
CONTRACTOR will provide ARPA programs identified in this attachment.
I. 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.
II. 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.
IV. FEDERAL AWARD IDENTIFICATION
FAIN INFORMATION
A. CONTRACTOR Name:
NGE GE COUNTY CHILDREN'S THERAPEUTIC ARTS
COE�NTER
B
CONTRACTOR'S Unique
014317940
Identifier (D-U-N-S):
Federal Award
C.
Identification Number
SLFRP 1059
(FAIN):
D.
Federal Award Date:
S/19/2021
E.
Subaward Period of 7/112022-6/30/2023
Performance:
Total Amount of Federal i
F.
Funds Obligated by the $124,998
Action:
Total Amount of Federal
G.
Funds Obligated to the $124,998
CONTRACTOR:
H.
Total Amount of the $64,180,406.50
Federal Award:
Federal Award Project i American Rescue Plan Act (ARPA)
I_
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:
kridge(a)santa-ana.org
M.
CFDA Number:
21.027
CFDA Name:
Coronavirus State and Local Fiscal Recovery Funds
N.
Whether Award is R&D:
No
O.
Indirect Cost Rate for the
de minimus or federally negotiated rate
Federal Award:
AN I, I i ; 3 v i FF
DEBARMENT
Cron Regarding
Debarment, Suspension, Ineligibility and Voluntary Exclusion
Lower Tier Covered Transactions
This certificafion is required by the regulations implementing Executive Order 12549, .Debarment and
Suspension, 29 CFR Part 98, Section 98.310, Participants' responsibilities. The regulations were
Published as Part VQ Of the May 26,1988 Federal R ' ter (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,
LW 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.
Dr. Ana Jimenez -Harm, Founder and Executive Director
Name and Title of Authorized Representative
r
Signature
Date
INSTRUC11 NS FOR CE-Tilis'ICATION
1. By signing and submitting this proposal, the prospective recipient of federal assistance funds
is providing the certification as set out below.
2. The certification in this clause is a material, representation of fact upon which reliance was
placed when this transaction was entered into. If it is later determined that the prospective
recipieu of federal assistance funds knowingly rendered an erroneous ce rdficatic A in
addition to other remedies available to the Federal. G wernment the Department of Labor
(DOL) may pursue available remedies, including suspension and/or debarment.
3. The prospective recipient of federal assistance funds shall provide immediate 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 cdreums'tances.
4, The terms "covered. transaction," "debarred," "suspended," "ineligible," "lower tier covered
transaction," " P� artier " " n P p low
p person, primary Covered transaction," '� rinei rr "Proposal,"
"
and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions
and Coverage sections of riles implementing Executive Order 12549. You may contact the
person to which this proposal is submitted for assistance in obtaining a copy of those
regulation&
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
Iower 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 clausetitled "Certification Regarding Debarment, Suspension,
Ineligibility and voluntary exclusion - Lower Tier Covered Transactions," without
modification, in all lower tier covered transactions and in all solicitations for lower tier
covered transactions.
7. A participant in a covered transaction may rely upon a 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 Exclu
from Procurement or Non Procurement Proararns
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.
2
9. Except for transactions authorized under p ph 5 of these instructions, if a participant in
a covered transaction knowingly enters into a lower tier covered traasaclion 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.
N A *111;
LOBBYING
Certification Regarding Lobbying
Cermeation far C9mbida, GRHL% imnwavd C9909ughLe
The undersigned certifies, to the best of his or her knowledge and belief that:
(1) No Federal appropriated fimds have been paid or will be paid, by or on behalf of the
unde rsigaed, to any person for influencing or attempting to influence an officer or employee of
any agency, a Member of Ckingress, an officer or employee of Congress, or an aaloyee of a
Member of Congress in +won with the awarding of any Federal contrai, 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 thm Fedel appropriated fimils 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
eomr xmonE with this Federal conhact, grant, loan, or cooperative agreement, the undersigned shall
complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance
with its inmuctlons.
(3) The undersigned shall require that the language of this won be included in the award
doffs for all subawards at all tiers (including subcontrack adVanK and conn-acts under
grants loans,, and cooperative agreements) and that all sweats shall catify and disclose
accordingly -
This certification is a material representation of W upon which reliance was pkwed when this
transaction was made or entered into_ Submission oftbis cartificatum is a prerequisite for mpg
or entering into this transaction imposed by Section 1352, Title 31, U S_ Code. Any person who
fails to file the required won sloop be subject tea a civil penalty ofn a less than $10,000 and
not more than $100,000 for each such failure.
Qm e�Caunty Children's Tic Arts Cep Early Childhood kmggm for Yoe
Children and Parents in Saner Ana
GrantedContactwOrgasnization Program Title
r
Dar_ Ana .iimenezHaani � i�� - 03/16/2022
Name ofCerfifyi% Officer gigHaturP Date
4
SUBRECIPFENT warrants the following:
l . SUBRECIPMNT will comply with Public Law 88 352, Title VI ofthe 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. SUBRECIPIENI' will comply with all Federal statutes applicable to projects funded with
community development fiords, except that (a) SUBRECIPIENi` does not assume CTTY'S
environmental responsibilities described at 24 CFR 570,604; and (b) SUBRECIPIENT does not
assume CTTY'S responsibility for initiating the review process under Executive Order 12372.
5
EXHIBTT F
DRUG -FREE 'WORKPLACE
Cerhfieatron Remardin Drug=Free WorkDlaee RMrtiMenis
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,
CEIt�CATION
A_ The contractor certifies that it will provide a drug -free workplace by:
(a) Fubhsbing a statement notifying employees than 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 acwa.l notice of such conviction;
r,
( 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).
B. The contractor skull 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 ofPer%rmance" form.
Orang
Cgm= Children's T s enter
Organization
i thorz Sign:
7
03 1612022
Date,..._,.. , ,...._.__..._
PUCE OF PERFORMANCE
FOR CERTIFICATION REGARDING DRUG -FREE
WORKPLACE REQUIREMENTS
Name: Orange Cqmq QIJ 's DgMMic Arts Center
Date. 43 16/2022
The Contractor sball 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 Perform e e (include street address, city, county, state, zip code for each site):
City of S=M-An& Parks and Recreation Centters
P.
AGREEMENT BETWEEN THE CITY OF SANTA ANA AND
ORANGE COUNTY BAR FOUNDATION FOR USE OF AMERICAN RESCUE PLAN
ACT (ARPA) FUNDS
This Agreement is hereby made and entered into this 3rd day of May, 2022, by and
between the City of Santa Ana, a charter city and municipal corporation organized and existing
under the Constitution and laws of the State of California ("CITY"), and Orange County Bar
Foundation DBA Project Youth OCBF, a California domestic nonprofit corporation
("SUBRECIPIENT" or "CONTRACTOR").
RF.C;TTAT.Q,-
A. The American Rescue Plan Act ("ARPA") was signed into law in March 2021. ARPA
provides funding for a number of different programs, including the Coronavirus State and
Local Fiscal Recovery Fund ("SLFRF"), to provide monetary support to local governments
to respond to, mitigate, and recover from the COVID-19 public health emergency.
B. On July 20, 2021, the Santa Ana City Council authorized the City Manager to utilize ARPA
SLFRF funding from the United States Department of Treasury for the Revive Santa Ana
Spending Plan, which includes five spending categories: recovery from the pandemic, direct
assistance programs, public health and safety, critical infrastructure, and city fiscal health.
C. SUBRECIPIENT has been selected by the CITY to receive ARPA SLFRF Funds in order to
provide youth programs, including: early childhood support; head start; day care; after school
tutoring; athletic; and, youth violence prevention, in accordance with the Scope of Work
attached hereto as Exhibit A and incorporated herein by reference ("said program").
SUBRECIPIENT represents that it is qualified and willing to operate said program and
certifies that the administration of said program carried out with funds provided under this
Agreement will meet ARPA's objectives to respond to, mitigate, and recover from this
historic COVID-19 public health crisis.
D. SUBRECIPIENT agrees that it will adhere to the tasks and services as indicated in Exhibit A
for said program. Failure to follow the requirements and meet the stated expectations may
constitute breach of contract that could result in termination of this Agreement or serve as
reason for the CITY to recapture the grant funds awarded to SUBRECIPIENT pursuant to
this Agreement.
WHEREFORE, it is agreed by and between the parties that the foregoing Recitals are a
substantive part of this Agreement and the following terms and conditions are approved and together
with all exhibits and attachments hereto, shall constitute the entire Agreement between the CITY and
SUBRECIPIENT:
I. ARPA PROGRAM PROVISIONS
A. Scope of Work. SUBRECIPIENT shall be responsible for the specific tasks and
services of said program, and agrees to administer said program in compliance with the tasks and
services as described in the Scope of Work attached hereto as Exhibit A. SUBRECIPIENT's failure
to perform as required may, in addition to other remedies set forth in this Agreement, result in
readjustment of the amount of funds for said program or termination of this Agreement.
B. Term of Agreement. The term of said Agreement shall commence on July 1 st, 2022,
and continue through June 30, 2023 ("Term"), unless terminated earlier pursuant to the terms of
this Agreement. This Agreement shall also cover any and all services provided by the
SUBRECIPIENT to the CITY since the date the ARPA SURF Funds were awarded to the CITY.
Additionally, the Term of this Agreement may be extended by a writing executed by the City
Manager, or designee, and the City Attorney.
C. Amount of Grant Funding. The total amount of funds provided for said program
shall not exceed One Hundred Twenty -Five Thousand Dollars and Zero Cents ($125,000)
("ARPA SURF Funds") during the Term of the Agreement. SUBRECIPIENT agrees to use
said ARPA SURF Funds to administer said program as outlined in Exhibit A.
D. Disbursement of Funds. Said ARPA SURF Funds shall be disbursed by CITY to
SUBRECIPIENT pursuant to the terms found in the Fee Payment Schedule attached hereto as
Exhibit B, with payments subject to the submittal of invoices and other reporting requirements,
as hereinafter more fully set forth. SUBRECIPIENT shall be obligated to perform such duties as
would normally extend beyond the term, including, but not limited to, obligations with respect to
indemnification, audits, reporting, data retention/reporting, and accounting. Failure to provide any
of the required documentation and reporting will cause CITY to withhold all or a portion of a
request for ARPA SURF Funds, or return the entire request to SUBRECIPIENT, until such
documentation and reporting has been received and approved by CITY.
(1) Reduction in ARPA 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 SUBRECIPIENT's rate of
expenditure will result in unspent funds at the end of the program term. Amendments in the grant
allocation will be made after consultation with SUBRECIPIENT.
(3) Reversion of Assets. SUBRECIPIENT agrees that any and all funds received
under this Agreement shall be utilized during the Term of this Agreement, and that any and all funds
remaining as of the end of the Term, which have not been utilized, shall be returned by
SUBRECIPIENT to the CITY within thirty (30) days of the expiration or earlier termination of the
Agreement. No expense of SUBRECIPIENT will be reimbursed by CITY if incurred after the end
of the Term of the Agreement.
2
E. Grant Program Requirements.
(1) SUBRECIPIENT acknowledges that the source of funding for said program is the
federal ARPA, and that payments from the ARPA SURF Funds are only to be used to make
necessary expenditures incurred due to the public health emergency with respect to COVID-19.
(2) SUBRECIPIENT acknowledges that ARPA provisions allow the use of ARPA
SURF Funds to respond to, mitigate, and recover from the COVID-19 public health emergency, and
will not use these funds for any other uses.
(3) SUBRECIPIENT shall follow the process and determination of eligibility for
participants in said program as outlined in Exhibit A.
F. Performance Monitoring.
(1) SUBRECIPIENT shall submit program performance information as often as
requested by CITY, but no less than the submission of monthly reports and a final report to CITY
with the information requested by and in the format acceptable to CITY. Each monthly report is due
within thirty (30) days of completion of work for each month. The final report is due within thirty
(30) days after the termination or expiration of this Agreement.
(2) CITY will evaluate SUBRECIPIENT's management and operation of said
program with respect to the project expectations as described in Exhibit A.
(3) CITY will review the audit of the SUBRECIPIENT to ensure that grant funds are
used for authorized purposes in compliance with laws, regulations, and the provisions of contracts or
grant agreements under this Agreement, including attachments and exhibits.
(4) If action to correct any substandard performance is not taken by the
SUBRECIPIENT within a reasonable period after being notified by CITY, suspension or termination
procedures may be initiated by CITY.
(5) All performance shall be subject to review by the CITY or other regulatory
agencies at all times. SUBRECIPIENT shall provide adequate cooperation to any inspector or other
CITY representative to permit the same to determine SUBRECIPIENT's conformity with the terms
of this Agreement. If any services performed by SUBRECIPIENT are not in conformance with the
terms of this Agreement, the CITY shall have the right to require SUBRECIPIENT to perform the
services in conformance with the terms of the Agreement at no additional cost. The CITY may also
terminate this Agreement for default and charge SUBRECIPIENT for any costs incurred by the CITY
because of SUBRECIPIENT's failure to perform.
(6) SUBRECIPIENT shall establish adequate procedures for self -monitoring and
quality control and assurance to ensure proper performance under this Agreement; and shall permit a
CITY representative or other regulatory official to monitor, assess, or evaluate SUBRECIPIENT's
performance under this Agreement at any time, upon reasonable notice to SUBRECIPIENT.
G. Audit.
(1) SUBRECIPIENT shall maintain complete and accurate records and supporting
documentation to facilitate financial and/or program audits by CITY. This requirement shall apply
to any records and documentation CITY shall reasonably require or as required to be maintained
pursuant to the ARPA regulations.
(2) The books and accounts, files, and other records of SUBRECIPIENT, which are
applicable to this Agreement, shall be available for inspection, review, and audit during normal
business hours by CITY to determine the proper application and use of all ARPA SURF 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 SURF Funds of SUBRECIPIENT and all documents related to this Agreement
shall be maintained and kept available at SUBRECIPIENT'S office or place of business for the
duration of the Agreement and thereafter for five (5) years from the date of final payment under
this Agreement. Records which relate to: (a) complaints, claims, administrative proceedings or
litigation arising out of the performance of this Agreement; or, (b) costs and expenses of this
Agreement to which CITY or any other governmental agency takes exception, shall be retained
beyond the five (5) years until complete resolution or disposition of such appeals, litigation claims,
or exceptions. In the event SUBRECIPIENT does not make the above -referenced documents
available within the City of Santa Ana, California, SUBRECIPIENT agrees to pay all necessary and
reasonable expenses incurred by CITY in conducting any audit at the location where said records and
books of account are maintained.
H. 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
M
CITY deems to be appropriate, including, but not limit to, duplication and/or distribution within
the CITY or to third parties. SUBRECIPIENT agrees not to release or circulate in whole or part
such materials, reports, or products without prior written authorization of the CITY.
I. Close -Out. SUBRECIPIENT agrees to comply with the closeout procedures
detailed in 2 CFR §200.343, including the following:
(1) SUBRECIPIENT must submit, no later than ninety (90) calendar days after the
end date of the period of performance, all financial, performance, and other reports as required by
the terms and conditions of this Agreement;
(2) SUBRECIPIENT must promptly refund any balances of unobligated cash that
the CITY paid in advance or paid and that is not authorized to be retained by SUBRECIPIENT for
use in other projects (See OMB Circular A-129 and 2 CFR §200.345); and,
(3) CITY should complete all closeout actions for the Federal award no later than
one year after receipt and acceptance of all required final reports.
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; (ii) it has
carefully considered how the services should be performed; and, (iii) it fully understands the
facilities, difficulties and restrictions attending performance of the services under this Agreement.
(4) No Conflict. To the best of SUBRECIPIENT'S knowledge,
SUBRECIPIENT'S execution, delivery and performance of its obligations under this Agreement
will not constitute a default or a breach under any contract, agreement or order to which
SUBRECIPIENT is a party or by which it is bound.
(5) No Bankruptcy. SUBRECIPIENT is not the subject of any current or
threatened bankruptcy proceeding.
5
(6) No Pending Legal Proceedings. SUBRECIPIENT is not the subject of a
current or threatened litigation that would or may materially affect SUBRECIPIENT'S
performance under this Agreement.
(7) Proposal Veracity. All provisions of and information provided in
SUBRECIPIENT's proposal submitted to CITY, including any exhibits, are true and correct in all
material respects.
(8) No Pending Investigation. SUBRECIPIENT has no knowledge that it is the
subject of any current or threatened criminal or civil action investigation by any public agency,
including without limitation a police agency or prosecuting authority, which would relate to or
affect performance of the Agreement or provision of services hereunder.
B. Licensing. SUBRECIPIENT agrees to obtain and maintain all required licenses,
registrations, accreditation and inspections from all agencies governing its operations.
SUBRECIPIENT shall ensure that its staff shall also obtain and maintain all required licenses,
registrations, accreditation and inspections from all agencies governing SUBRECIPIENT's
operations hereunder. Such licensing requirements include obtaining a City business license, as
applicable.
C. Zoning. SUBRECIPIENT agrees that any facility/property used in furtherance of said
program shall be specifically zoned and permitted for such use(s) and activities. Should
SUBRECIPIENT fail to have the required land entitlement and/or permits, thus violating any local,
state or federal rules and regulations relating thereto, SUBRECIPIENT shall immediately make good -
faith efforts to gain compliance with local, state or federal rules and regulations following written
notification of said violation(s) from the CITY or other authorized citing agency. SUBRECIPIENT
shall notify CITY immediately of any pending violations. Failure to notify CITY of pending
violations, or to remedy such known violation(s) shall result in termination of grant funding
hereunder. SUBRECIPIENT must make all corrections required to bring the facility/property into
compliance with the law within sixty (60) days of notification of the violation(s); failure to gain
compliance within such time shall result in termination of grant funding hereunder.
D. Separation of Accounts. All funds received by SUBRECIPIENT from CITY pursuant
to this Agreement shall be maintained in an account in a federally insured banking or savings and
loan institution with record keeping of such accounts maintained pursuant to applicable 2 CFR
200.302 requirements. SUBRECIPIENT is not required to maintain separate depository accounts for
ARPA SLFRF Funds; provided however, the SUBRECIPIENT must be able to account for receipt,
obligation, distribution and expenditure of ARPA SLFRF Funds pursuant to applicable 2 CFR
200.302 requirements.
E. Audit Report Requirements. SUBRECIPIENT agrees that if SUBRECIPIENT
expends Seven Hundred Fifty Thousand Dollars ($750,000) or more in federal funds,
SUBRECIPIENT shall have an annual audit conducted by a certified public accountant in accordance
with the standards as set forth and published by the United States Office of Management and Budget.
SUBRECIPIENT shall provide CITY with a copy of said audit by April I of the year following the
program year in which this Agreement is executed.
2
F. Compliance with Law/Program Income. SUBRECIPIENT acknowledges that the
funds being provided by CITY for said program are received by CITY pursuant to ARPA, and that
distribution and expenditure of these ARPA SURF Funds shall be in accordance with ARPA and all
pertinent regulations issued by agencies of the federal government, including, but not limited to, all
regulations found at Title 24 of the Code of Federal Regulations. Any program income received by
SUBRECIPIENT shall be returned to CITY, unless otherwise provided for in this Agreement.
SUBRECIPIENT agrees to comply fully with all federal, state and local laws and court orders
applicable to its operation and administration of said program, whether or not referred to in this
Agreement.
G. Debarment. To protect the public interest and ensure the integrity of Federal
programs, CITY may only conduct business with responsible persons and may not make any award
or permit any award to any party which is debarred or suspended or is otherwise excluded from or
ineligible for participation in Federal assistance programs under Executive Order 12549,
"Debarment and Suspension". See also 24 CFR 570.609. SUBRECIPIENT must review and sign
Exhibit D "Debarment", which is attached hereto and incorporated herein by this reference.
SUBRECIPIENT shall be in good standing, without suspension by the California Secretary of State,
Franchise Tax Board or Internal Revenue Service. Any change in the corporate status or suspension
of SUBRECIPIENT shall be reported immediately to CITY.
H. Confidentiality. Without prejudice to any other provisions of this Agreement,
SUBRECIPIENT shall, where applicable, maintain the confidential nature of information provided
to it concerning participants in accordance with the requirements of federal and state law. However,
SUBRECIPIENT shall submit to CITY or its representatives, all records requested, including audit,
examinations, monitoring and verifications of reports submitted by SUBRECIPIENT, costs incurred
and services rendered hereunder.
I. Independent Contractor. SUBRECIPIENT agrees that the performance of obligations
hereunder is rendered in its capacity as an independent contractor and that it is in no way an agent of
CITY.
J. Violation of Terms and Conditions. SUBRECIPIENT agrees that if SUBRECIPIENT
violates any of the terms and conditions of this Agreement or any prior Agreement whereby ARPA
SURF Funds were received by SUBRECIPIENT, or if SUBRECIPIENT reports inaccurately, or if
on audit there is a disallowance of certain expenditures, SUBRECIPIENT agrees to remedy the acts
or omissions causing the disallowance and repay CITY all amounts spent in violation thereof. If
SUBRECIPIENT engaged in fraudulent activity to obtain and/or justify distribution or expenditure
of the ARPA SURF Funds granted hereunder, SU 3RECIPIENT shall be required to reimburse the
CITY of all such funds that were obtained, distributed and/or spent under fraudulent circumstances.
K. Fraud. SUBRECIPIENT shall immediately report all suspected or known instances
and facts concerning possible fraud, abuse or criminal activity related to said program for the ARPA
SURF Funds under this Agreement.
7
L. Prohibited Use. SUBRECIPIENT hereby certifies and agrees that it will not use
ARPA SLFRF Funds provided through this Agreement to pay for entertainment, meals or gifts, or
other prohibited uses.
M. Lobbying. SUBRECIPIENT certifies that it will comply with federal law (31 U.S.C.
1352) and regulations found at 24 CFR Part 87, which provide that no appropriated funds may be
expended by the recipient of a federal contract, grant, loan or cooperative agreement to pay any person
for influencing or attempting to influence an officer or employee of any agency, Member of Congress,
or an officer or employee of a Member of Congress in connection with awarding of any federal
contract, the making of any federal grant or loan, entering into any cooperative agreement and the
extension, renewal, amendment or modification of any federal contract, grant, loan or cooperative
agreement. SUBRECIPIENT shall sign a certification to that effect in a form as set forth in Exhibit
E, attached hereto and by this reference incorporated herein. SUBRECIPIENT shall submit said
signed certification to CITY prior to performing any of its obligations under this Agreement and prior
to any obligation arising on the part of CITY to pay any sums to SUBRECIPIENT under the terms
and conditions of this Agreement.
If any funds other than Federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any agency, a Member
of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall
complete and submit a "Disclosure Form to Report Lobbying," in accordance with its instructions
(Exhibit E).
N. Financial Interest. SUBRECIPIENT agrees that except for the use of administrative
fees to pay salaries and other related administrative or personnel costs, no persons who exercise or
have exercised any function with respect to administering said program under the 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 SURF Funds shall provide equal
employment opportunities for minorities and women.
Q. Women and Minority -Owned Businesses (W/MBE). SUBRECIPIENT will use its
best efforts to afford small businesses, minority business enterprises, and women's business
enterprises the maximum practicable opportunity to participate in the performance of this
Agreement in accordance with the requirements of 2 CFR 200.321 "Contracting with small and
minority businesses, women's business enterprises, and labor surplus area firms". As used in this
Agreement, the term "small business" means a business that meets the criteria set forth in section
3(a) of the Small Business Act, as amended (15 U.S.C. 632), and "minority and women's business
enterprise" means a business at least fifty-one percent (51 %) owned and controlled by minority
group members or women. For the purpose of this definition, "minority group members" are
African -Americans, Spanish-speaking, Spanish surnamed or Spanish -heritage Americans, Asian -
Americans, and American Indians. SUBRECIPIENT may rely on written representations by
businesses regarding their status as minority and female business enterprises in lieu of an
independent investigation.
R. Drug Free Workplace. SUBRECIPIENT agrees to provide a drug -free workplace and
to execute a certification as set forth in Exhibit F attached hereto and incorporated herein by this
reference.
S. Uniform Administrative Requirements, Cost Principles, and Audit Requirements
for Federal Awards. The following requirements and standards must be complied with: 2 CFR
Part 200 et al. SUBRECIPIENT shall procure all materials, property, or services in accordance
with the requirements of 2 CFR 200.318-326.
III. CITY'S OBLIGATIONS
A. Audit of Account. CITY shall include an audit of the account maintained by
SUBRECIPIENT in CITY's audit of all ARPA SURF 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
0
performed its obligations as stated in this contract in a satisfactory manner, or if the CITY
determines that insufficient supporting information has been submitted, the CITY shall notify the
SUBRECIPIENT in writing of its determination specifying in full detail the objections that it has
to the SUBRECIPIENT's performance. If action to correct such substandard performance is not
taken by the SUBRECIPIENT after being notified by the CITY, within a reasonable period of time
as stipulated in the written notification, contract suspension or termination procedures will be
initiated.
IV. GENERAL PROVISIONS
A. Non -Discrimination.
1. SUBRECIPIENT agrees to comply with Executive Order 11246, which requires
that during the performance of this Agreement, SUBRECIPIENT agrees not to discriminate against
any employee or applicant for employment because of race, religion, sex, color or national origin.
Such action shall include, but not be limited to the following: employment, upgrading, demotion, or
transfer, rates of pay or other forms of compensation, and selection for training, including
apprenticeship. SUBRECIPIENT agrees to post in conspicuous places, available to employees and
applicants for employment, notices to be provided by the SUBRECIPIENT setting forth the
provisions of this nondiscrimination clause.
2. SUBRECIPIENT agrees to comply with Title VI of the Civil Rights Act of 1964,
which indicates that no person shall, on the ground of race, color or national origin, be excluded from
participation in, be denied the benefits of, or be subject to discrimination under any program of activity
receiving federal financial assistance.
3. No person shall, on the grounds of race, sex, creed, color, religion, marital status,
national origin, age, sexual orientation, or physical or mental handicap be excluded from participation
in, be refused the benefits of, or otherwise be subject to discrimination in any activities, programs or
employment supported by this Agreement. SUBRECIPIENT is prohibited from discrimination on
the basis of age or with respect to an otherwise qualified handicapped person as provided for under
Section 109 of the Housing and Community Development Act of 1974, as amended.
4. SUBRECIPIENT agrees to comply with the Age Discrimination Act of 1975,
which requires that during the performance of this Agreement, SUBRECIPIENT agrees not to
discriminate against any employee or applicant for employment because of age. Such action shall
include, but not be limited to the following: employment upgrading, demotion, or transfer, rates of
pay or other forms of compensation, and selection for training, including apprenticeship.
SUBRECIPIENT agrees to post in conspicuous places, available to employees and applicants for
employment, notices to be provided by the SUBRECIPIENT setting forth the provisions of this age
discrimination clause.
5. SUBRECIPIENT agrees to comply with Section 504 of the Rehabilitation Act of
1973, which requires that no otherwise qualified individual with a disability in the United States, shall,
solely by reason of his or her disability, be excluded from the participation in, be denied the benefits
of, or be subjected to discrimination under any program or activity receiving federal financial
10
assistance or under any program or activity conducted by any executive agency or by the United
States Postal Service.
B. Conflict of Interest. Pursuant to the conflict of interest requirements set forth in 24
CFR 570.611 and 2 CFR 200.112, SUBRECIPIENT certifies that no member, officer, employee,
agent or assignee of CITY having direct or indirect control of any ARPA SLFRF Funds granted to
the CITY, inclusive of the subject ARPA SLFRF Funds, shall serve as an officer of SUBRECIPIENT.
Further, any conflict or potential conflict of interest of any officer of SUBRECIPIENT shall be fully
disclosed in writing prior to the execution of this Agreement and said writing shall be attached and
deemed fully incorporated as a part hereof. Notice shall be sent by SUBRECIPIENT to CITY
regarding any changes or modifications to its board of directors and list of officers.
C. Special Certification for Religious Entities. If SUBRECIPIENT is a religious entity,
SUBRECIPIENT hereby agrees that in connection with the provision of the services
SUBRECIPIENT shall provide with ARPA SLFRF Funds, in accordance with 24 CFR 570.2000):
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
11
section, the term "immediate family" means spouse, child, mother, father, brother, sister, brother-in-
law, sister-in-law, father-in-law, mother-in-law, son-in-law, daughter-in-law, aunt, uncle, niece,
nephew, stepparent and stepchild. The term "administrative capacity" means having selection, hiring,
supervisor or management responsibilities.
E. Notices. Notices to the parties shall, unless otherwise requested in writing, be sent by
U.S. Mail, postage prepaid, and addressed as follows:
TO CITY: City of Santa Ana
Lisa Rudloff
Executive Director
Parks, Recreation and Community Services Agency
20 Civic Center Plaza
P.O. Box 1988
Santa Ana, California 92702-1988
TO SUBRECIPIENT:
Karen Ruan
Executive Director
1605 E. 17t' Street
Santa Ana, CA 92705-8529
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 and the results of that work by the Contractor, its agents,
representatives, employees, or subcontractors.
12
a. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad
as:
Commercial General Liability (CGL): Insurance Services Office Form CG 00
O1 covering CGL on an "occurrence" basis, including products and completed
operations, property damage, bodily injury and personal & advertising injury
with limits no less than $2,000,000 per occurrence. If a general aggregate limit
applies, either the general aggregate limit shall apply separately to this
project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be
twice the required occurrence limit.
2. Automobile Liability: Insurance Services Office Form Number CA 0001
covering, Code 1 (any auto), or if Contractor has no owned autos, Code 8 (hired)
and 9 (non -owned), with limit no less than $1,000,000 (if program services
includes transportation of youth, the limit shall be no less than $5,000,000) per
accident for bodily injury and property damage. (Not required if an automobile
is not required to fulfill services.)
3. Workers' Compensation: insurance as required by the State of California, with
Statutory Limits, and Employer's Liability Insurance with limit of no less than
$1,000,000 per accident for bodily injury or disease.
4. Sexual Abuse or Molestation (SAM) Liability: If the CGL policy referenced
above is not endorsed to include affirmative coverage for sexual abuse or
molestation, Contractor shall obtain and maintain a policy covering Sexual
Abuse and Molestation with a limit no less than $1,000,000 per occurrence or
claim.
5. If the Contractor maintains broader coverage and/or higher limits than the
minimums shown above, the City requires and shall be entitled to the broader
coverage and/or the higher limits maintained by the Contractor. Any available
insurance proceeds in excess of the specified minimum limits of insurance and
coverage shall be available to the City.
b. Other Insurance Provisions — The insurance policies are to contain, or be endorsed to
contain, the following provisions:
Additional Insured Status: The City, its officers, officials, employees, and
volunteers are to be covered as additional insureds on the CGL policy with
respect to liability arising out of work or operations performed by or on behalf
of the Contractor including materials, parts, or equipment furnished in
connection with such work or operations. General liability coverage can be
provided in the form of an endorsement to the Contractor's insurance (at least
as broad as ISO Form CG 20 10 11 85 or if not available, through the addition
of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if a
later edition is used).
2. Primary Coverage: For any claims related to this contract, the Contractor's
insurance coverage shall be primary coverage at least as broad as ISO CG 20
0104 13 as respects the City, its officers, officials, employees, and volunteers.
Any insurance or self-insurance maintained by the City, its officers, officials,
13
employees, or volunteers shall be excess of the Contractor's insurance and shall
not contribute with it.
3. Notice of Cancellation: Each insurance policy required above shall state that
coverage shall not be canceled, except with notice to the City.
4. Waiver of Subrogation: Contractor hereby grants to City a waiver of any right
to subrogation which any insurer of said Contractor may acquire against the
City by virtue of the payment of any loss under such insurance. Contractor
agrees to obtain any endorsement that may be necessary to affect this waiver of
subrogation, but this provision applies regardless of whether or not the City has
received a waiver of subrogation endorsement from the insurer.
5. Self -Insured Retentions: Self -insured retentions must be declared to and
approved by the City. The City may require the Contractor to purchase coverage
with a lower retention or provide proof of ability to pay losses and related
investigations, claim administration, and defense expenses within the retention.
The policy language shall provide, or be endorsed to provide, that the self -
insured retention may be satisfied by either the named insured or City.
6. Acceptability of Insurers: Insurance is to be placed with insurers authorized to
conduct business in the state with a current A.M. Best's rating of no less than
A:VII, unless otherwise acceptable to the City.
7. Claims Made Policies: If any of the required policies provide coverage on a
claims -made basis:
1. The Retroactive Date must be shown and must be before the date of the
contract or the beginning of contract work.
2. Insurance must be maintained and evidence of insurance must be
provided for at least five (5) years after completion of the contract of
work.
3. If coverage is canceled or non -renewed, and not replaced with another
claims -made policy form with a Retroactive Date prior to the contract
effective date, the Contractor must purchase "extended reporting"
coverage for a minimum of five (5) years after completion of contract
work.
8. Verification of Coverage: Contractor shall furnish the City with original
Certificates of Insurance including all required amendatory endorsements (or
copies of the applicable policy language effecting coverage required by this
clause) and a copy of the Declarations and Endorsement Page of the CGL policy
listing all policy endorsements to City before work begins. However, failure to
obtain the required documents prior to the work beginning shall not waive the
Contractor's obligation to provide them. City reserves the right to require
complete, certified copies of all required insurance policies, including
endorsements required by these specifications, at any time.
14
9. Special Risks or Circumstances: City reserves the right to modify these
requirements, including limits, based on the nature of the risk, prior experience,
insurer, coverage, or other special circumstances.
I. Termination.
1. This Agreement may be terminated on thirty (30) days' written notice by either
party. In the event of such termination, SUBRECIPIENT shall only be entitled to reimbursement for
approved expenses incurred to the effective date of termination.
2. This Agreement may be suspended or terminated by CITY upon five (5) days'
written notice for violation by SUBRECIPIENT of Federal Laws governing the use of ARPA SURF
Funds. 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.
15
J. Limitation of Funds. The United States of America may in the future place
programmatic or fiscal limitations on the use of ARPA SLFRF Funds, which limitations are not
presently anticipated. Accordingly, CITY reserves the right to revise this Agreement in order to take
account of actions affecting ARPA program funding. In the event of funding reduction, CITY may,
in its sole and absolute discretion, reduce the budget of this Agreement, may limit the rate of
SUBRECIPIENT's authority to utilize funds, or may restrict SUBRECIPIENT's use of uncommitted
funds. Where CITY has been directed to implement a reduction in funding, with respect to funding
for this Agreement, CITY's City Manager or delegate is authorized to act for CITY in implementing
and effecting such a reduction and in revising, modifying, or amending the Agreement for such
purposes. If such a reduction in funding occurs, SUBRECIPIENT shall be permitted to de -scope
accordingly. Where CITY has reasonable grounds to question SUBRECIPIENT's fiscal
accountability or compliance with this Agreement, CITY may suspend the operation of this
Agreement for up to sixty (60) days upon five (5) days written notice to SUBRECIPIENT of its
intention to so act, pending an audit or other resolution of such questions. In no event, however, shall
any revisions made by CITY affect expenditures and legally binding commitments made by
SUBRECIPIENT before it received notice of such revision, provided that such amounts have been
committed in good faith and are otherwise allowable and that such commitments are consistent with
ARPA SLFRF Funds withdrawal guidelines.
K. Exclusivity and Amendment of Agreement. This Agreement supersedes any and all
other agreements, either oral or in writing, between the parties hereto with respect to the use of CITY's
ARPA SLFRF Funds by SUBRECIPIENT and contains all the covenants and agreements between
the parties with respect to SUBRECIPIIENT's administration of said program. Each party to this
Agreement acknowledges that no representations, inducements, promises or agreements, orally or
otherwise, have been made by any party, or anyone acting on behalf of any party, which are not
embodied herein, and that no other agreement or amendment hereto shall be effective unless executed
in writing and signed by both CITY and SUBRECIPIENT.
L. Laws Governingthis his 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.
16
O. Federal Award Identification Information. SUBRECIPIENT's pertinent Federal
Award Identification Information, including DUNS Number and Federal Award Identification
Number (FAIN), as well as the applicable information for ARPA, are included in Exhibit C
attached hereto and incorporated herein by this reference.
P. Miscellaneous Provisions.
1. Each undersigned represents and warrants that its signature herein below has the
power, authority and right to bind their respective parties to each of the terms of this Agreement, and
shall indemnify CITY fully, including reasonable costs and attorney's fees, for any injuries or
damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is
withdrawn.
2. All Exhibits and Attachments referenced herein and attached hereto shall be
incorporated as if fully set forth in the body of this Agreement.
3. This Agreement must be signed below and may be signed in counterpart and
delivered by fax, email as a PDF (Portable Document Format) file attachment, or by other means that
displays the original or a copy of the signatures. Any subsequent amendments may be signed and
delivered in the same manner.
{Signatures on following page}
17
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year
first written above.
ATTEST:
DAISY GOMEZ
Clerk of the Council
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
y: BRANDON SALVATIERRA
Deputy City Attorney
RECOMMENDED FOR APPROVAL:
LISA RUDLOFF
Executive Director
Parks, Recreation and Community Services Agency
lu
CITY OF SANTA ANA
KRISTINE RIDGE
City Manager
SUBRECIPIENT:
4m,
EN RUAN
Executive Director
DUNS #: 790384127
EXHIBIT A
SCOPE OF WORK
Exhibit A
4. SCOPE OF WORK: 12 months (July 1, 2022-June 30, 2023) (3 page max)
1. Services Provided and Tasks to be Accomplished —Our proposed violence prevention
programs, SHORTSTOP and STOP SHORT of Addiction, will provide at -risk youth and their
families in Santa Ana with an evidence -based alternative to detention and out -patient substance
abuse treatment. These crisis -support services are time -limited and culturally proficient.
SHORTSTOP and STOP SHORT of Addiction also works with youth and families to recover from
the negative impacts of COVID-19.
SHORTSTOP is one of the oldest and most successful juvenile diversion programs in Orange
County. For over 40 years, it has set youth offenders back on the right path by giving them the
chance to learn from their mistakes and move forward without serving jail time or having a
criminal record. It's a wake-up call that has proven to be extremely successful. In fact, studies show
that not only are alternatives to detention cost-effective, but they are much more successful in
creating long-term behavioral changes than incarceration.
SHORTSTOP has been professionally evaluated and identified as a science -based model for
preventing delinquent activity/substance abuse among at -risk youth (Journal of Drug Education,
2005). It is not a scared straight program. While the program begins by giving youth a realistic
view of the criminal justice system, the focus then shifts to helping youth set goals, explore their
future, build healthy family communications, and develop effective peer -refusal skills. Services
include:
Clinical Intake (2 hours): The clinical intake assessment gathers valuable information about the
youth's emotional stability, at -risk behaviors, drug history, impact of COVID-19, family dynamics
and school functioning.
Diversion Sessions (two, 3-hour sessions): Due to the pandemic, program sessions are held in
the Project Youth OCBF offices (not the courthouses), where youth and parents receive a virtual
tour of the courthouse and holding cell. They also hear from paroled convicts and participate in a
trial simulation. Youth and parents then receive intensive legal education (including parents' legal
rights and responsibilities) and participate in numerous family -strengthening and communication
exercises. Sessions promote personal responsibility, self-control, peer -refusal skills, parental
monitoring, and school bonding.
Mandatory Assignments: A critical part of SHORTSTOP is what happens at home.
Assignments include: reading decision -making and legal education materials, writing assignments
(for example, how much their city pays to scrub out graffiti), goal -setting exercises, and
interviewing a working professional to encourage exploration of future career paths.
Exit Plan and Case Management/Referral Services: At the end of the program, each youth and
their family are provided with an individualized exit plan. As needed, clients are referred to our
Intensive Case Management for up to 12 weeks, where they receive linkages to resources and
longer -term supportive services. After a comprehensive assessment with the youth, a case manager
develops an individualized service plan with the youth that identifies priorities, desired outcomes,
and the strategies and resources to be used in attaining the outcomes. The case manager also works
with youth to develop problem solving skills, participating in prosocial activities, anger
management, job seeking skills, drug/alcohol refusal skills (when applicable), and communication
skills (youth and parent/family), as well as parenting skills with the parent/caregiver.
Exhibit A
Staff assist youth and family members to access additional wraparound services through our
partner agencies. Youth and family members may also be referred to other Project Youth OCBF
programs. Our new pilot program, ICAN! (Independence, Competence, and Aptitudes, Now!),
assists at -risk, transition -age youth (ages 17-22) to identify their career interests and complete a
vocational training program. The Higher Education Mentoring Program provides low-income,
Latino youth with the academic, social and financial support needed to earn their college degree
and enter the professional workforce. Project SELF (Summer Employment with Law Firms) offers
paid summer internships at local law firms for low-income high school students. Madres Unidas
(meaning Mothers United) provides evidence -based health education and risk -reduction services
to Latinas. Our Youth Making Proud Choices! program offers evidence -based sexual health
education services to youth to prevent pregnancy, HIV, and STIs.
Based on our evidence -based SHORTSTOP model, STOP SHORT of Addiction provides an
alternative to incarceration and out -patient substance abuse treatment for youth drug offenders or
drug users in Orange County. STOP SHORT of Addition is administered by bilingual/bicultural
therapists, with assistance from trained legal experts, the sheriff's coroner and local law
enforcement narcotics officers. Guest speakers are also provided from the Youth Guidance Center
and Volunteers on Parole. Services include:
Clinical Intake Assessment (same as SHORTSTOP)
—Substance Abuse Treatment Sessions (three, 3-hour sessions): Sessions focus on providing legal
education, healthy communication/coping skills, educational materials and helping youth maintain
a drug -free lifestyle. Highlights include a virtual tour of the courtroom and holding cell, panel with
incarcerated minors where they discuss how delinquent behavior and drug use led them to criminal
activity and incarceration, a presentation from the county coroner illustrating the biological and
psychological effects of drug abuse, group therapy, and a panel of recovered teens that discuss
making the choice to stay drug -free.
Mandatory Assignments (same as SHORTSTOP- plus attending two AA or NA meetings)
— Exit Plan and Case Management/Referral Services (same as SHORTSTOP)
Duration— Project Youth OCBF requests a grant period of two years. SHORTSTOP and STOP
SHORT of Addiction are both ongoing programs, with new sessions starting every month. Services
are offered in both English and Spanish in a culturally -appropriate manner.
Deliverables for the 12-month Grant Period —Objective 1: 60 youth and 80 parents
participating in SHORTSTOP will each receive 6 hours of intensive legal education services.
Outcome: 75% of the youth and parents participating in SHORTSTOP will report increased legal
education knowledge, as reported at program exit.
Objective 2: 60 participating SHORTSTOP youth will each receive 6 hours of diversion services.
Outcome: 85% of participating youth that complete SHORTSTOP will be diverted from the
juvenile justice system.
Objective 3: 70 youth and 90 parents participating in STOP SHORT of Addiction will each receive
9 hours of intensive legal education services. Outcome: 75% of the youth and participating in
STOP SHORT of Addiction will report increased legal education knowledge, as reported at
program exit.
Exhibit A
Objective 4: 70 participating STOP SHORT of Addiction youth will receive 9 hours of substance
abuse treatment services. Outcome: 80% of participating STOP SHORT of Addiction youth will
report reduced drug/alcohol use six months after completing the program.
Objective 5: 70 participating STOP SHORT of Addiction youth will receive 9 hours of diversion
services. Outcome: 85% of participating youth that complete STOP SHORT of Addiction will be
diverted from the juvenile justice system.
Objective 6: 130 youth and 170 family members will receive support services to alleviate the
impact of COVID-19. Outcome: 95% of participants will report decreased stress, depression,
anxiety and suicidal ideation.
Our most recent SHORTSTOP outcomes include (based on client reporting)
• 95% of youth have not been rearrested within 6 months of completing the program
• 75% of youth report decreased fighting with parents
• 75% of parents report improved communication with their child
• 80% of parents report increased awareness of available community resources
• 67% of youth report increased desire to attend college or vocational training
• 100% of parents would recommend SHORTSTOP to another parent
Our most recent STOP SHORT of Addiction outcomes include (based on client reporting)
• 89% of youth have not been rearrested within 6 months of completing the program
• 80% of youth report decreased substance use
• 57% of parents report improved communication with their child
• 80% of parents report increased awareness of available community resources
• 59% of youth report increased desire to attend college or vocational training
• 100% of parents would recommend STOP SHORT of Addiction to another parent
2. Target Population —SHORTSTOP and STOP SHORT of Addiction serve youth, ages 12-18,
and their family members. Parental participation is mandatory. Over the one-year grant period, we
plan to serve 300 youth and family members from Santa Ana, a city disproportionately impacted
by the pandemic. This includes 60 SHORSTOP youth and 80 parents, and 70 STOP SHORT of
Addiction youth and 90 parents. (Qualified Service Tracts served: 743.00, 744.00, 744.03, 744.05,
744.07, 745.01, 748.02, 748.05, 748.06, 749.01, 749.02, 750.02, 750.03, 750.04, 755.14, and
992.48.) Youth will be referred by the Probation Department or by a Santa Ana referral agent for
drug use, possession of alcohol and/or drugs, petty theft, burglary, assault and battery, truancy,
possession of weapons, vandalism and other criminal offenses.
All youth are potentially at risk for delinquency and substance abuse, but Orange County's Latino
youth are particularly vulnerable. While they represent 47% of the county's youth, Latino's account
for 86% of teen mothers, 64% of high school dropouts, 92% of youth gang members, and 78% of
youth probationers (Conditions of Children in Orange County, 2018).
EXHIBIT B
FEE PAYMENT SCHEDULE
Exhibit B
FISCAL YEAR 2022-2023
PROPOSED PROGRAM BUDGET
Organization Name Orange County Bar Foundation (dba: Project Youth OCBF)
Program Name STOP SHORT of Addiction & SHORTSTOP Diversion Services
Term: July 1, 2022 to June 30, 2023
EXPENDITURES
Enter budget categories and projected expenditures:
Category
Expenditures
Funded By
Santa Ana
REVIVE Funds
Expenditures
Funded By
Other Sources
Program
Budget
Total
Organization
Budget
Administrative Staff Salaries
$44,241
$ 102,470
$146,711
$ 146,711
Program Staff Salaries
$64,472
$ 42,981
$107,453
$ 107,453
Contractual Services
$0
$0
Other- (15% Indirect Cost)
$16,287
$ 21,837
$38,124
$ 38,124
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
TOTAL
1 $125,0001
$167,2881
$292,2881
$292,288
PROGRAM RESOURCES
LIST ALL OTHER PROGRAM RESOURCES FOR 2022-2023
Funding Source Total must equal Program Budget Total listed above.
FUNDING SOURCE
AMOUNT
Santa Ana REVIVE
$
125,000
Hoag Family Foundation
$
50,000.00
Pacific Life Foundation
$
7,500.00
OCBA
$
7,000.00
Lon V Smith Foundation
$
7,500.00
PY OCBF Fundraisers
$
70,000.00
Jeffrey Carlton Foundation
$
25,288.00
TOTAL
$
292,288
Exhibit B
2022-2023 REVIVE BUDGET LINE ITEMS
ADMINISTRATIVE STAFF
Position Title
Annual Salary & Benefits
REVIVE Funds
Description
Diversion Coordinator (SSOA)
75,030.00
22,737.00
oversee SSOA
Diversion Coordinator (SS)
71,682.00
21,504.00
oversee SHORTSTOP
PROGRAM STAFF
Position Title
Annual Salary & Benefits
REVIVE Funds
Description
Case Manager (SSOA/SS)
53,726.40
32,236.00
SSOA/SHORTSTOP
Case Manager (SSOA/SS)
53,726.40
32,236.00
SSOA/SHORTSTOP
direct client services
CONTRACTUAL/PROFESSIONAL SERVICES
Type of Service
Contract Amount
REVIVE Funds
Description
N/A
OTHER LINE ITEMS
Line Item
Program Amount
REVIVE Funds
Description
Indirect Costs 15%
$38,124
$16,287
Federally negotiated rate
Attachment 1(b)
EXHIBIT C
FEDERAL AWARD IDENTIFICATION INFORMATION
The General Program Requirements were designed to provide the framework where the
CONTRACTOR will provide ARPA programs identified in this attachment.
I. 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.
II. 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.
IV. FEDERAL AWARD IDENTIFICATION
FAIN INFORMATION
A.
CONTRACTOR Name:
Orange County Bar Foundation DBA Project Youth OCBF
B.
CONTRACTOR'S Unique
790384127
Identifier (D-U-N-S):
Federal Award
C.
Identification Number
SLFRP 1059
(FAIN):
D.
Federal Award Date:
5/19/2021
E.
Subaward Period of
7/l/2022-6/30/2023
Performance:
Total Amount of Federal
F.
Funds Obligated by the
$125,000
Action:
Total Amount of Federal
G.
Funds Obligated to the
$125,000
CONTRACTOR:
H.
Total Amount of the
$64,180,406.50
Federal Award:
Federal Award Project
American Rescue Plan Act (ARPA)
L
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:
kridge(d),santa-ana.org
M.
CFDA Number:
21.027
CFDA Name:
Coronavirus State and Local Fiscal Recovery Funds
N.
Whether Award is R&D:
No
O
Indirect Cost Rate for the
de minimus or federally negotiated rate
Federal Award:
EXHIBIT D
DEBARMENT
Certification Regarding
Debarment, Suspension, Ineligibility and V011llltal'1' E\CILISion
Lower Tier Covered Transactions
This Certification is required by the rey"Lllatlons implementing ExeCLltive Order 12549. Debarment and
Suspension. 29 CFR Part 98, Section 98.510. Participants' responsibilities. The regulations were
published as Part VII of the May 26, 1988 Federal 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. SLICK prospective participant shall attach an explanation to this
proposal.
NaAe and Title of Authorized Representative
Asig,tore Date
INSTRUCTIONS FOR CERTIFICATION
By signing and submitting this proposal, the prospective recipient of federal assistance funds
is providing the certification as set out below.
2. The certification in this clause is a material representation of fact upon which reliance was
placed when this transaction was entered into. if it is later determined that the prospective
recipient of federal assistance hinds knowingly rendered an erroneous certification. in
addition to other remedies available to the Federal Government. the Department of Labor
(DOL) may pursue available remedies, including suspension and/or debarment.
3. The prospective recipient of federal assistance funds shall provide immediate 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 terns "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 hinds 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.
b. The prospective recipient of federal assistance funds further agrees by submitting this
proposal that it will include the clause titled "Certification Regarding Debarment, Suspension.
Ineligibility and voluntary exclusion - Lower Tier Covered Transactions," without
modification, in all lower tier covered transactions and in all solicitations for lower tier
covered transactions.
7. A participant in a covered transaction may rely upon a 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.
S. 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.
2
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.
J
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 fiends other than Federal appropriated funds have been paid or will be paid to any person
for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress. or an employee of a Member of Congress in
connection with this Federal contract, grant, loan. or cooperative agreement. the undersigned shall
complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance
with its instructions.
(3) The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontract, subgrants, and contracts under
grants, loans. and cooperative agreements) and that all subrecipients shall certify and disclose
accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making
or entering into this transaction imposed by Section 1352. Title 31. U. S. Code. Any person who
fails to file the required certification shall be subject to a civil penalty of not less than $10.000 and
not more than $100,000 for each such failure. ,`
Grantec/C actor Ori=iz tion Program Title
eruiving VIIlcer
�1�.'natU1'e
Date
4
SUBRECIPIENT warrants the following:
1. SUBRECIPIENT will comply with Public Law 88-352, Title VI of the Civil Rights Act of 1964
(421 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.
�. 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 kvith
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.
5
EXHIBIT F
DRUG -FREE WORKPLACE
Certification Reaardina Drug -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 a0ainst
employees for violation of such prohibition; 4
(b) Establishing a drug -free awareness program to inform employees about —
(1) The dangers of drug abuse in the workplace;
(2) The contractors policy of maintaining a drug -free workplace.
{;) 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 enuaged 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 dru(T 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:
6
(f� Taking one of the following actions. within 30 days of receiving notice under
subparagraph (d)(?), 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 adrug-free workplace through
implementation of paragraphs (a), (b), (c). (d), (e) and (f).
B. The contractor shall insert in the space provided on the attached "Place of Performance"'
form the site(s) for the performance of work to be carried out with the grant funds
( including street address. city, count`_. 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.
Organi a i n
r
f�
Authorized Signature Date
7
PLACE OF PERFORMANCE
FOR CERTIFICATION REGARDING DRUG -FREE
WORKPLACE REQUIREMENTS
Name:
Date:
The Contractor shall insert in the space provided belwv the site(s) expected to be used for the
performance of work tinder the contract covered by the certification:
Place of Performance (include street address, city. county, state, zip code for each site):
If�os S4�eB
AGREEMENT BETWEEN THE CITY OF SANTA ANA AND PADRES UNIDOS
FOR USE OF AMERICAN RESCUE PLAN ACT (ARPA) FUNDS
This Agreement is hereby made and entered into this 3rd day of May, 2022, by and
between the City of Santa Ana, a charter city and municipal corporation organized and existing
under the Constitution and laws of the State of California ("CITY"), and Padres Unidos, a
California domestic nonprofit corporation ("SUBRECIPIENT" or "CONTRACTOR").
RFC1TAT.C-
A. The American Rescue Plan Act ("ARPA") was signed into law in March 2021. ARPA
provides funding for a number of different programs, including the Coronavirus State and
Local Fiscal Recovery Fund ("SLFRF"), to provide monetary support to local governments
to respond to, mitigate, and recover from the COVID-19 public health emergency.
B. On July 20, 2021, the Santa Ana City Council authorized the City Manager to utilize ARPA
SLFRF funding from the United States Department of Treasury for the Revive Santa Ana
Spending Plan, which includes five spending categories: recovery from the pandemic, direct
assistance programs, public health and safety, critical infrastructure, and city fiscal health.
C. SUBRECIPIENT has been selected by the CITY to receive ARPA SLFRF Funds in order to
provide youth programs, including: early childhood support; head start; day care; after school
tutoring; athletic; and, youth violence prevention, in accordance with the Scope of Work
attached hereto as Exhibit A and incorporated herein by reference ("said program").
SUBRECIPIENT represents that it is qualified and willing to operate said program and
certifies that the administration of said program carried out with funds provided under this
Agreement will meet ARPA's objectives to respond to, mitigate, and recover from this
historic COVID-19 public health crisis.
D. SUBRECIPIENT agrees that it will adhere to the tasks and services as indicated in Exhibit A
for said program. Failure to follow the requirements and meet the stated expectations may
constitute breach of contract that could result in termination of this Agreement or serve as
reason for the CITY to recapture the grant funds awarded to SUBRECIPIENT pursuant to
this Agreement.
WHEREFORE, it is agreed by and between the parties that the foregoing Recitals are a
substantive part of this Agreement and the following terms and conditions are approved and together
with all exhibits and attachments hereto, shall constitute the entire Agreement between the CITY and
SUBRECIPIENT:
I. ARPA PROGRAM PROVISIONS
A. Scope of Work. SUBRECIPIENT shall be responsible for the specific tasks and
services of said program, and agrees to administer said program in compliance with the tasks and
services as described in the Scope of Work attached hereto as Exhibit A. SUBRECIPIENT's failure
1
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 July 1 st, 2022,
and continue through June 30, 2023 ("Term"), unless terminated earlier pursuant to the terms of
this Agreement. This Agreement shall also cover any and all services provided by the
SUBRECIPIENT to the CITY since the date the ARPA SURF Funds were awarded to the CITY.
Additionally, the Term of this Agreement may be extended by a writing executed by the City
Manager, or designee, and the City Attorney.
C. Amount of Grant Funding. The total amount of funds provided for said program
shall not exceed One Hundred Twenty -Four Thousand Nine Hundred Ninety -Five Dollars and
Zero Cents ($124,995) ("ARPA SURF Funds") during the Term of the Agreement.
SUBRECIPIENT agrees to use said ARPA SURF Funds to administer said program as outlined in
Exhibit A.
D. Disbursement of Funds. Said ARPA SURF Funds shall be disbursed by CITY to
SUBRECIPIENT pursuant to the terms found in the Fee Payment Schedule attached hereto as
Exhibit B, with payments subject to the submittal of invoices and other reporting requirements,
as hereinafter more fully set forth. SUBRECIPIENT shall be obligated to perform such duties as
would normally extend beyond the term, including, but not limited to, obligations with respect to
indemnification, audits, reporting, data retention/reporting, and accounting. Failure to provide any
of the required documentation and reporting will cause CITY to withhold all or a portion of a
request for ARPA SURF Funds, or return the entire request to SUBRECIPIENT, until such
documentation and reporting has been received and approved by CITY.
(1) Reduction in ARPA 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 SUBRECIPIENT's rate of
expenditure will result in unspent funds at the end of the program term. Amendments in the grant
allocation will be made after consultation with SUBRECIPIENT.
(3) Reversion of Assets. SUBRECIPIENT agrees that any and all funds received
under this Agreement shall be utilized during the Term of this Agreement, and that any and all funds
remaining as of the end of the Term, which have not been utilized, shall be returned by
SUBRECIPIENT to the CITY within thirty (30) days of the expiration or earlier termination of the
Agreement. No expense of SUBRECIPIENT will be reimbursed by CITY if incurred after the end
of the Term of the Agreement.
2
E. Grant Program Requirements.
(1) SUBRECIPIENT acknowledges that the source of funding for said program is the
federal ARPA, and that payments from the ARPA SURF Funds are only to be used to make
necessary expenditures incurred due to the public health emergency with respect to COVID-19.
(2) SUBRECIPIENT acknowledges that ARPA provisions allow the use of ARPA
SURF Funds to respond to, mitigate, and recover from the COVID-19 public health emergency, and
will not use these funds for any other uses.
(3) SUBRECIPIENT shall follow the process and determination of eligibility for
participants in said program as outlined in Exhibit A.
F. Performance Monitoring.
(1) SUBRECIPIENT shall submit program performance information as often as
requested by CITY, but no less than the submission of monthly reports and a final report to CITY
with the information requested by and in the format acceptable to CITY. Each monthly report is due
within thirty (30) days of completion of work for each month. The final report is due within thirty
(30) days after the termination or expiration of this Agreement.
(2) CITY will evaluate SUBRECIPIENT's management and operation of said
program with respect to the project expectations as described in Exhibit A.
(3) CITY will review the audit of the SUBRECIPIENT to ensure that grant funds are
used for authorized purposes in compliance with laws, regulations, and the provisions of contracts or
grant agreements under this Agreement, including attachments and exhibits.
(4) If action to correct any substandard performance is not taken by the
SUBRECIPIENT within a reasonable period after being notified by CITY, suspension or termination
procedures may be initiated by CITY.
(5) All performance shall be subject to review by the CITY or other regulatory
agencies at all times. SUBRECIPIENT shall provide adequate cooperation to any inspector or other
CITY representative to permit the same to determine SUBRECIPIENT's conformity with the terms
of this Agreement. If any services performed by SUBRECIPIENT are not in conformance with the
terms of this Agreement, the CITY shall have the right to require SUBRECIPIENT to perform the
services in conformance with the terms of the Agreement at no additional cost. The CITY may also
terminate this Agreement for default and charge SUBRECIPIENT for any costs incurred by the CITY
because of SUBRECIPIENT's failure to perform.
(6) SUBRECIPIENT shall establish adequate procedures for self -monitoring and
quality control and assurance to ensure proper performance under this Agreement; and shall permit a
CITY representative or other regulatory official to monitor, assess, or evaluate SUBRECIPIENT's
performance under this Agreement at any time, upon reasonable notice to SUBRECIPIENT.
G. Audit.
(1) SUBRECIPIENT shall maintain complete and accurate records and supporting
documentation to facilitate financial and/or program audits by CITY. This requirement shall apply
to any records and documentation CITY shall reasonably require or as required to be maintained
pursuant to the ARPA regulations.
(2) The books and accounts, files, and other records of SUBRECIPIENT, which are
applicable to this Agreement, shall be available for inspection, review, and audit during normal
business hours by CITY to determine the proper application and use of all ARPA SLFRF Funds
provided to or for the account or benefit of SUBRECIPIENT.
(3) SUBRECIPIENT assumes responsibility for reimbursement to CITY a sum of
money equivalent to the amount of any expenditures disallowed should the CITY, or an authorized
agency, rule through audit, exception, or some other appropriate means, that expenditures from funds
allocated to SUBRECIPIENT for direct and/or administrative costs were not made in compliance
with the applicable cost principles, regulations, or the provisions of this Agreement.
(4) SUBRECIPIENT agrees to comply with the requirements of OMB Uniform
Guidance 2 CFR Part 200. SUBRECIPIENT further agrees to provide CITY with a copy of
completed independent auditors' report within thirty (30) days of CITY's request for such report. If
the report contains instances of non-compliance with federal laws and regulations that bear directly
on the performance or administration of this Agreement, SUBRECIPIENT shall provide CITY copies
of responses to auditors' reports, a plan for corrective action, and auditors' response that the
noncompliance has been resolved. All reports prepared in accord with the requirements of OMB
Uniform Guidance 2 CFR Part 200 shall be available for inspection by representatives of CITY or the
federal government during normal business hours.
(5) All accounting records, reports, and evidence pertaining to all costs, expenses
and the ARPA SLFRF Funds of SUBRECIPIENT and all documents related to this Agreement
shall be maintained and kept available at SUBRECIPIENT'S office or place of business for the
duration of the Agreement and thereafter for five (5) years from the date of final payment under
this Agreement. Records which relate to: (a) complaints, claims, administrative proceedings or
litigation arising out of the performance of this Agreement; or, (b) costs and expenses of this
Agreement to which CITY or any other governmental agency takes exception, shall be retained
beyond the five (5) years until complete resolution or disposition of such appeals, litigation claims,
or exceptions. In the event SUBRECIPIENT does not make the above -referenced documents
available within the City of Santa Ana, California, SUBRECIPIENT agrees to pay all necessary and
reasonable expenses incurred by CITY in conducting any audit at the location where said records and
books of account are maintained.
H. 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
M
the CITY or to third parties. SUBRECIPIENT agrees not to release or circulate in whole or part
such materials, reports, or products without prior written authorization of the CITY.
I. Close -Out. SUBRECIPIENT agrees to comply with the closeout procedures
detailed in 2 CFR §200.343, including the following:
(1) SUBRECIPIENT must submit, no later than ninety (90) calendar days after the
end date of the period of performance, all financial, performance, and other reports as required by
the terms and conditions of this Agreement;
(2) SUBRECIPIENT must promptly refund any balances of unobligated cash that
the CITY paid in advance or paid and that is not authorized to be retained by SUBRECIPIENT for
use in other projects (See OMB Circular A-129 and 2 CFR §200.345); and,
(3) CITY should complete all closeout actions for the Federal award no later than
one year after receipt and acceptance of all required final reports.
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; (ii) it has
carefully considered how the services should be performed; and, (iii) it fully understands the
facilities, difficulties and restrictions attending performance of the services under this Agreement.
(4) No Conflict. To the best of SUBRECIPIENT'S knowledge,
SUBRECIPIENT'S execution, delivery and performance of its obligations under this Agreement
will not constitute a default or a breach under any contract, agreement or order to which
SUBRECIPIENT is a party or by which it is bound.
(5) No Bankruptcy. SUBRECIPIENT is not the subject of any current or
threatened bankruptcy proceeding.
5
(6) No Pending Legal Proceedings. SUBRECIPIENT is not the subject of a
current or threatened litigation that would or may materially affect SUBRECIPIENT'S
performance under this Agreement.
(7) Proposal Veracity. All provisions of and information provided in
SUBRECIPIENT's proposal submitted to CITY, including any exhibits, are true and correct in all
material respects.
(8) No Pending Investigation. SUBRECIPIENT has no knowledge that it is the
subject of any current or threatened criminal or civil action investigation by any public agency,
including without limitation a police agency or prosecuting authority, which would relate to or
affect performance of the Agreement or provision of services hereunder.
B. Licensing. SUBRECIPIENT agrees to obtain and maintain all required licenses,
registrations, accreditation and inspections from all agencies governing its operations.
SUBRECIPIENT shall ensure that its staff shall also obtain and maintain all required licenses,
registrations, accreditation and inspections from all agencies governing SUBRECIPIENT's
operations hereunder. Such licensing requirements include obtaining a City business license, as
applicable.
C. Zoning. SUBRECIPIENT agrees that any facility/property used in furtherance of said
program shall be specifically zoned and permitted for such use(s) and activities. Should
SUBRECIPIENT fail to have the required land entitlement and/or permits, thus violating any local,
state or federal rules and regulations relating thereto, SUBRECIPIENT shall immediately make good -
faith efforts to gain compliance with local, state or federal rules and regulations following written
notification of said violation(s) from the CITY or other authorized citing agency. SUBRECIPIENT
shall notify CITY immediately of any pending violations. Failure to notify CITY of pending
violations, or to remedy such known violation(s) shall result in termination of grant funding
hereunder. SUBRECIPIENT must make all corrections required to bring the facility/property into
compliance with the law within sixty (60) days of notification of the violation(s); failure to gain
compliance within such time shall result in termination of grant funding hereunder.
D. Separation of Accounts. All funds received by SUBRECIPIENT from CITY pursuant
to this Agreement shall be maintained in an account in a federally insured banking or savings and
loan institution with record keeping of such accounts maintained pursuant to applicable 2 CFR
200.302 requirements. SUBRECIPIENT is not required to maintain separate depository accounts for
ARPA SLFRF Funds; provided however, the SUBRECIPIENT must be able to account for receipt,
obligation, distribution and expenditure of ARPA SLFRF Funds pursuant to applicable 2 CFR
200.302 requirements.
E. Audit Report Requirements. SUBRECIPIENT agrees that if SUBRECIPIENT
expends Seven Hundred Fifty Thousand Dollars ($750,000) or more in federal funds,
SUBRECIPIENT shall have an annual audit conducted by a certified public accountant in accordance
with the standards as set forth and published by the United States Office of Management and Budget.
SUBRECIPIENT shall provide CITY with a copy of said audit by April I of the year following the
program year in which this Agreement is executed.
2
F. Compliance with Law/Program Income. SUBRECIPIENT acknowledges that the
funds being provided by CITY for said program are received by CITY pursuant to ARPA, and that
distribution and expenditure of these ARPA SURF Funds shall be in accordance with ARPA and all
pertinent regulations issued by agencies of the federal government, including, but not limited to, all
regulations found at Title 24 of the Code of Federal Regulations. Any program income received by
SUBRECIPIENT shall be returned to CITY, unless otherwise provided for in this Agreement.
SUBRECIPIENT agrees to comply fully with all federal, state and local laws and court orders
applicable to its operation and administration of said program, whether or not referred to in this
Agreement.
G. Debarment. To protect the public interest and ensure the integrity of Federal
programs, CITY may only conduct business with responsible persons and may not make any award
or permit any award to any party which is debarred or suspended or is otherwise excluded from or
ineligible for participation in Federal assistance programs under Executive Order 12549,
"Debarment and Suspension". See also 24 CFR 570.609. SUBRECIPIENT must review and sign
Exhibit D "Debarment", which is attached hereto and incorporated herein by this reference.
SUBRECIPIENT shall be in good standing, without suspension by the California Secretary of State,
Franchise Tax Board or Internal Revenue Service. Any change in the corporate status or suspension
of SUBRECIPIENT shall be reported immediately to CITY.
H. Confidentiality. Without prejudice to any other provisions of this Agreement,
SUBRECIPIENT shall, where applicable, maintain the confidential nature of information provided
to it concerning participants in accordance with the requirements of federal and state law. However,
SUBRECIPIENT shall submit to CITY or its representatives, all records requested, including audit,
examinations, monitoring and verifications of reports submitted by SUBRECIPIENT, costs incurred
and services rendered hereunder.
I. Independent Contractor. SUBRECIPIENT agrees that the performance of obligations
hereunder is rendered in its capacity as an independent contractor and that it is in no way an agent of
CITY.
J. Violation of Terms and Conditions. SUBRECIPIENT agrees that if SUBRECIPIENT
violates any of the terms and conditions of this Agreement or any prior Agreement whereby ARPA
SURF Funds were received by SUBRECIPIENT, or if SUBRECIPIENT reports inaccurately, or if
on audit there is a disallowance of certain expenditures, SUBRECIPIENT agrees to remedy the acts
or omissions causing the disallowance and repay CITY all amounts spent in violation thereof. If
SUBRECIPIENT engaged in fraudulent activity to obtain and/or justify distribution or expenditure
of the ARPA SURF Funds granted hereunder, SU 3RECIPIENT shall be required to reimburse the
CITY of all such funds that were obtained, distributed and/or spent under fraudulent circumstances.
K. Fraud. SUBRECIPIENT shall immediately report all suspected or known instances
and facts concerning possible fraud, abuse or criminal activity related to said program for the ARPA
SURF Funds under this Agreement.
7
L. Prohibited Use. SUBRECIPIENT hereby certifies and agrees that it will not use
ARPA SLFRF Funds provided through this Agreement to pay for entertainment, meals or gifts, or
other prohibited uses.
M. Lobbying. SUBRECIPIENT certifies that it will comply with federal law (31 U.S.C.
1352) and regulations found at 24 CFR Part 87, which provide that no appropriated funds may be
expended by the recipient of a federal contract, grant, loan or cooperative agreement to pay any person
for influencing or attempting to influence an officer or employee of any agency, Member of Congress,
or an officer or employee of a Member of Congress in connection with awarding of any federal
contract, the making of any federal grant or loan, entering into any cooperative agreement and the
extension, renewal, amendment or modification of any federal contract, grant, loan or cooperative
agreement. SUBRECIPIENT shall sign a certification to that effect in a form as set forth in Exhibit
E, attached hereto and by this reference incorporated herein. SUBRECIPIENT shall submit said
signed certification to CITY prior to performing any of its obligations under this Agreement and prior
to any obligation arising on the part of CITY to pay any sums to SUBRECIPIENT under the terms
and conditions of this Agreement.
If any funds other than Federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any agency, a Member
of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall
complete and submit a "Disclosure Form to Report Lobbying," in accordance with its instructions
(Exhibit E).
N. Financial Interest. SUBRECIPIENT agrees that except for the use of administrative
fees to pay salaries and other related administrative or personnel costs, no persons who exercise or
have exercised any function with respect to administering said program under the 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 SURF Funds shall provide equal
employment opportunities for minorities and women.
Q. Women and Minority -Owned Businesses (W/MBE). SUBRECIPIENT will use its
best efforts to afford small businesses, minority business enterprises, and women's business
enterprises the maximum practicable opportunity to participate in the performance of this
Agreement in accordance with the requirements of 2 CFR 200.321 "Contracting with small and
minority businesses, women's business enterprises, and labor surplus area firms". As used in this
Agreement, the term "small business" means a business that meets the criteria set forth in section
3(a) of the Small Business Act, as amended (15 U.S.C. 632), and "minority and women's business
enterprise" means a business at least fifty-one percent (51 %) owned and controlled by minority
group members or women. For the purpose of this definition, "minority group members" are
African -Americans, Spanish-speaking, Spanish surnamed or Spanish -heritage Americans, Asian -
Americans, and American Indians. SUBRECIPIENT may rely on written representations by
businesses regarding their status as minority and female business enterprises in lieu of an
independent investigation.
R. Drug Free Workplace. SUBRECIPIENT agrees to provide a drug -free workplace and
to execute a certification as set forth in Exhibit F attached hereto and incorporated herein by this
reference.
S. Uniform Administrative Requirements, Cost Principles, and Audit Requirements
for Federal Awards. The following requirements and standards must be complied with: 2 CFR
Part 200 et al. SUBRECIPIENT shall procure all materials, property, or services in accordance
with the requirements of 2 CFR 200.318-326.
III. CITY'S OBLIGATIONS
A. Audit of Account. CITY shall include an audit of the account maintained by
SUBRECIPIENT in CITY's audit of all ARPA SURF 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
0
performed its obligations as stated in this contract in a satisfactory manner, or if the CITY
determines that insufficient supporting information has been submitted, the CITY shall notify the
SUBRECIPIENT in writing of its determination specifying in full detail the objections that it has
to the SUBRECIPIENT's performance. If action to correct such substandard performance is not
taken by the SUBRECIPIENT after being notified by the CITY, within a reasonable period of time
as stipulated in the written notification, contract suspension or termination procedures will be
initiated.
IV. GENERAL PROVISIONS
A. Non -Discrimination.
1. SUBRECIPIENT agrees to comply with Executive Order 11246, which requires
that during the performance of this Agreement, SUBRECIPIENT agrees not to discriminate against
any employee or applicant for employment because of race, religion, sex, color or national origin.
Such action shall include, but not be limited to the following: employment, upgrading, demotion, or
transfer, rates of pay or other forms of compensation, and selection for training, including
apprenticeship. SUBRECIPIENT agrees to post in conspicuous places, available to employees and
applicants for employment, notices to be provided by the SUBRECIPIENT setting forth the
provisions of this nondiscrimination clause.
2. SUBRECIPIENT agrees to comply with Title VI of the Civil Rights Act of 1964,
which indicates that no person shall, on the ground of race, color or national origin, be excluded from
participation in, be denied the benefits of, or be subject to discrimination under any program of activity
receiving federal financial assistance.
3. No person shall, on the grounds of race, sex, creed, color, religion, marital status,
national origin, age, sexual orientation, or physical or mental handicap be excluded from participation
in, be refused the benefits of, or otherwise be subject to discrimination in any activities, programs or
employment supported by this Agreement. SUBRECIPIENT is prohibited from discrimination on
the basis of age or with respect to an otherwise qualified handicapped person as provided for under
Section 109 of the Housing and Community Development Act of 1974, as amended.
4. SUBRECIPIENT agrees to comply with the Age Discrimination Act of 1975,
which requires that during the performance of this Agreement, SUBRECIPIENT agrees not to
discriminate against any employee or applicant for employment because of age. Such action shall
include, but not be limited to the following: employment upgrading, demotion, or transfer, rates of
pay or other forms of compensation, and selection for training, including apprenticeship.
SUBRECIPIENT agrees to post in conspicuous places, available to employees and applicants for
employment, notices to be provided by the SUBRECIPIENT setting forth the provisions of this age
discrimination clause.
5. SUBRECIPIENT agrees to comply with Section 504 of the Rehabilitation Act of
1973, which requires that no otherwise qualified individual with a disability in the United States, shall,
solely by reason of his or her disability, be excluded from the participation in, be denied the benefits
of, or be subjected to discrimination under any program or activity receiving federal financial
10
assistance or under any program or activity conducted by any executive agency or by the United
States Postal Service.
B. Conflict of Interest. Pursuant to the conflict of interest requirements set forth in 24
CFR 570.611 and 2 CFR 200.112, SUBRECIPIENT certifies that no member, officer, employee,
agent or assignee of CITY having direct or indirect control of any ARPA SLFRF Funds granted to
the CITY, inclusive of the subject ARPA SLFRF Funds, shall serve as an officer of SUBRECIPIENT.
Further, any conflict or potential conflict of interest of any officer of SUBRECIPIENT shall be fully
disclosed in writing prior to the execution of this Agreement and said writing shall be attached and
deemed fully incorporated as a part hereof. Notice shall be sent by SUBRECIPIENT to CITY
regarding any changes or modifications to its board of directors and list of officers.
C. Special Certification for Religious Entities. If SUBRECIPIENT is a religious entity,
SUBRECIPIENT hereby agrees that in connection with the provision of the services
SUBRECIPIENT shall provide with ARPA SLFRF Funds, in accordance with 24 CFR 570.2000):
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
11
section, the term "immediate family" means spouse, child, mother, father, brother, sister, brother-in-
law, sister-in-law, father-in-law, mother-in-law, son-in-law, daughter-in-law, aunt, uncle, niece,
nephew, stepparent and stepchild. The term "administrative capacity" means having selection, hiring,
supervisor or management responsibilities.
E. Notices. Notices to the parties shall, unless otherwise requested in writing, be sent by
U.S. Mail, postage prepaid, and addressed as follows:
TO CITY: City of Santa Ana
Lisa Rudloff
Executive Director
Parks, Recreation and Community Services Agency
20 Civic Center Plaza
P.O. Box 1988
Santa Ana, California 92702-1988
TO SUBRECIPIENT:
Padres Unidos
P.O. Box
Santa Ana, CA 92702
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 and the results of that work by the Contractor, its agents,
representatives, employees, or subcontractors.
12
a. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad
as:
Commercial General Liability (CGL): Insurance Services Office Form CG 00
O1 covering CGL on an "occurrence" basis, including products and completed
operations, property damage, bodily injury and personal & advertising injury
with limits no less than $2,000,000 per occurrence. If a general aggregate limit
applies, either the general aggregate limit shall apply separately to this
project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be
twice the required occurrence limit.
2. Automobile Liability: Insurance Services Office Form Number CA 0001
covering, Code 1 (any auto), or if Contractor has no owned autos, Code 8 (hired)
and 9 (non -owned), with limit no less than $1,000,000 (if program services
includes transportation of youth, the limit shall be no less than $5,000,000) per
accident for bodily injury and property damage. (Not required if an automobile
is not required to fulfill services.)
3. Workers' Compensation: insurance as required by the State of California, with
Statutory Limits, and Employer's Liability Insurance with limit of no less than
$1,000,000 per accident for bodily injury or disease.
4. Sexual Abuse or Molestation (SAM) Liability: If the CGL policy referenced
above is not endorsed to include affirmative coverage for sexual abuse or
molestation, Contractor shall obtain and maintain a policy covering Sexual
Abuse and Molestation with a limit no less than $1,000,000 per occurrence or
claim.
5. If the Contractor maintains broader coverage and/or higher limits than the
minimums shown above, the City requires and shall be entitled to the broader
coverage and/or the higher limits maintained by the Contractor. Any available
insurance proceeds in excess of the specified minimum limits of insurance and
coverage shall be available to the City.
b. Other Insurance Provisions — The insurance policies are to contain, or be endorsed to
contain, the following provisions:
Additional Insured Status: The City, its officers, officials, employees, and
volunteers are to be covered as additional insureds on the CGL policy with
respect to liability arising out of work or operations performed by or on behalf
of the Contractor including materials, parts, or equipment furnished in
connection with such work or operations. General liability coverage can be
provided in the form of an endorsement to the Contractor's insurance (at least
as broad as ISO Form CG 20 10 11 85 or if not available, through the addition
of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if a
later edition is used).
2. Primary Coverage: For any claims related to this contract, the Contractor's
insurance coverage shall be primary coverage at least as broad as ISO CG 20
0104 13 as respects the City, its officers, officials, employees, and volunteers.
Any insurance or self-insurance maintained by the City, its officers, officials,
13
employees, or volunteers shall be excess of the Contractor's insurance and shall
not contribute with it.
3. Notice of Cancellation: Each insurance policy required above shall state that
coverage shall not be canceled, except with notice to the City.
4. Waiver of Subrogation: Contractor hereby grants to City a waiver of any right
to subrogation which any insurer of said Contractor may acquire against the
City by virtue of the payment of any loss under such insurance. Contractor
agrees to obtain any endorsement that may be necessary to affect this waiver of
subrogation, but this provision applies regardless of whether or not the City has
received a waiver of subrogation endorsement from the insurer.
5. Self -Insured Retentions: Self -insured retentions must be declared to and
approved by the City. The City may require the Contractor to purchase coverage
with a lower retention or provide proof of ability to pay losses and related
investigations, claim administration, and defense expenses within the retention.
The policy language shall provide, or be endorsed to provide, that the self -
insured retention may be satisfied by either the named insured or City.
6. Acceptability of Insurers: Insurance is to be placed with insurers authorized to
conduct business in the state with a current A.M. Best's rating of no less than
A:VII, unless otherwise acceptable to the City.
7. Claims Made Policies: If any of the required policies provide coverage on a
claims -made basis:
1. The Retroactive Date must be shown and must be before the date of the
contract or the beginning of contract work.
2. Insurance must be maintained and evidence of insurance must be
provided for at least five (5) years after completion of the contract of
work.
3. If coverage is canceled or non -renewed, and not replaced with another
claims -made policy form with a Retroactive Date prior to the contract
effective date, the Contractor must purchase "extended reporting"
coverage for a minimum of five (5) years after completion of contract
work.
8. Verification of Coverage: Contractor shall furnish the City with original
Certificates of Insurance including all required amendatory endorsements (or
copies of the applicable policy language effecting coverage required by this
clause) and a copy of the Declarations and Endorsement Page of the CGL policy
listing all policy endorsements to City before work begins. However, failure to
obtain the required documents prior to the work beginning shall not waive the
Contractor's obligation to provide them. City reserves the right to require
complete, certified copies of all required insurance policies, including
endorsements required by these specifications, at any time.
14
9. Special Risks or Circumstances: City reserves the right to modify these
requirements, including limits, based on the nature of the risk, prior experience,
insurer, coverage, or other special circumstances.
I. Termination.
1. This Agreement may be terminated on thirty (30) days' written notice by either
party. In the event of such termination, SUBRECIPIENT shall only be entitled to reimbursement for
approved expenses incurred to the effective date of termination.
2. This Agreement may be suspended or terminated by CITY upon five (5) days'
written notice for violation by SUBRECIPIENT of Federal Laws governing the use of ARPA SURF
Funds. 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.
15
J. Limitation of Funds. The United States of America may in the future place
programmatic or fiscal limitations on the use of ARPA SLFRF Funds, which limitations are not
presently anticipated. Accordingly, CITY reserves the right to revise this Agreement in order to take
account of actions affecting ARPA program funding. In the event of funding reduction, CITY may,
in its sole and absolute discretion, reduce the budget of this Agreement, may limit the rate of
SUBRECIPIENT's authority to utilize funds, or may restrict SUBRECIPIENT's use of uncommitted
funds. Where CITY has been directed to implement a reduction in funding, with respect to funding
for this Agreement, CITY's City Manager or delegate is authorized to act for CITY in implementing
and effecting such a reduction and in revising, modifying, or amending the Agreement for such
purposes. If such a reduction in funding occurs, SUBRECIPIENT shall be permitted to de -scope
accordingly. Where CITY has reasonable grounds to question SUBRECIPIENT's fiscal
accountability or compliance with this Agreement, CITY may suspend the operation of this
Agreement for up to sixty (60) days upon five (5) days written notice to SUBRECIPIENT of its
intention to so act, pending an audit or other resolution of such questions. In no event, however, shall
any revisions made by CITY affect expenditures and legally binding commitments made by
SUBRECIPIENT before it received notice of such revision, provided that such amounts have been
committed in good faith and are otherwise allowable and that such commitments are consistent with
ARPA SLFRF Funds withdrawal guidelines.
K. Exclusivity and Amendment of Agreement. This Agreement supersedes any and all
other agreements, either oral or in writing, between the parties hereto with respect to the use of CITY's
ARPA SLFRF Funds by SUBRECIPIENT and contains all the covenants and agreements between
the parties with respect to SUBRECIPIIENT's administration of said program. Each party to this
Agreement acknowledges that no representations, inducements, promises or agreements, orally or
otherwise, have been made by any party, or anyone acting on behalf of any party, which are not
embodied herein, and that no other agreement or amendment hereto shall be effective unless executed
in writing and signed by both CITY and SUBRECIPIENT.
L. Laws Governingthis his 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.
16
O. Federal Award Identification Information. SUBRECIPIENT's pertinent Federal
Award Identification Information, including DUNS Number and Federal Award Identification
Number (FAIN), as well as the applicable information for ARPA, are included in Exhibit C
attached hereto and incorporated herein by this reference.
P. Miscellaneous Provisions.
1. Each undersigned represents and warrants that its signature herein below has the
power, authority and right to bind their respective parties to each of the terms of this Agreement, and
shall indemnify CITY fully, including reasonable costs and attorney's fees, for any injuries or
damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is
withdrawn.
2. All Exhibits and Attachments referenced herein and attached hereto shall be
incorporated as if fully set forth in the body of this Agreement.
3. This Agreement must be signed below and may be signed in counterpart and
delivered by fax, email as a PDF (Portable Document Format) file attachment, or by other means that
displays the original or a copy of the signatures. Any subsequent amendments may be signed and
delivered in the same manner.
{Signatures on following page}
17
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year
first written above.
ATTEST:
DAISY GOMEZ
Clerk of the Council
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
via
A
Deputy City Attorney
RECOMMENDED FOR APPROVAL:
LISA RUDLOFF
Executive Director
Parks, Recreation and Community Services Agency
CITY OF SANTA ANA
KRISTINE RIDGE
City Manager
SUBRECIPIENT:
Patricia Huerta-Meza
Executive Director
DUNS #: 061959469
In
EXHIBIT A
SCOPE OF WORK
Exhibit A
REVISED SCOPE OF WORK
FOR
REVIVE:
SANTA ANA YOUTH PROGRAMS FOR
RFP NO.: 21-116A
Early Childhood Support
CITY OF SANTA ANA
Parks, Recreation and Community Services Agency 20 Civic Center Plaza-M23
Santa Ana, CA 92701
Frank Arroyo
RFP Administrator
(714) 571-4218 Office
farroyo@santa-ana.org
RESPONSE SUBMITTED BY:
PADRES UNIDOS
"Successful Families Build Successful Communities"
Exhibit A
PADRES VNIDOS
II. REVISED SCOPE OF WORK: (3 page max)
1. Proposal shall include details of the youth program/service to be provided, the tasks to be
accomplished, duration of the program (proposals may be up to two years) and the deliverables to be
provided
The following is a description of the Early Learning educational modules that will be offered at three of
vulnerable Santa Ana community sites:
Parents as Teachers/School Readiness Parent Education, Outreach and Support Module
"34 weeks of service per year for the next year"
**2 SITES AVAILABLE PER YEAR
• 2 weeks of Outreach, including two door-to-door campaigns in the area
• 2 weeks of Needs Assessments (from participants as well as local school)
SCHOOL READINESS COMPONENT:
0 3 hours a day, once a week for 30 weeks of School Readiness for 2.5 to 5-year-old class
(preschool age children program separate from parent program) We have 8-1 adult to child ratio.
Number of child spaces allocated per program is 32
PARENTS AS TEACHERS COMPONENT:
• Parents as Teachers students up to 45 participants, for 3 hours a day once a week for 30 weeks
• 1.5 hours for 30 weeks of Parent Support and Education classes
• 1.5 hours for 30 weeks of "First Teachers at Home" parent training to implement and coach
structured curriculum at home
• Structured Play Child -Care included for 2 to 5 year -old children. Elementary school age care will
be provided if class is after school hours.
"Parents as Teachers/ Early Literacy" Parent Education, Outreach and Support Module"
"34 weeks of service per school year for the next year"
**1 SITE AVAILABLE PER SCHOOL YEAR**
• 2 weeks of Outreach, including two door-to-door campaigns in the area
• 2 weeks of Needs Assessments (from participants as well as local school)
0 30 weeks, Once a week 1.5 hour of conjoint parent -child early literacy program
• Up to 20 participants including 1 to 5-year-old children with an adult
• .5 hour of learning and engagement parent circles
With the effects of the pandemic still being experienced by our most vulnerable Santa Ana communities,
our early learning model is an excellent alternative and/or support in lieu of a full-time early education
program as many entering kindergarten students come to the district without formal education. A
longitudinal program evaluation including parents and children conducted by Chapman University,
SAUSD and Padres Unidos utilizing Aeries tracking database and other instruments was conducted in
July of 2018. Outcomes showed Padres' three hours, one day a week program, supports early
foundational learning.
Anticipated Outcomes and Competencies
Padres Unidos utilized the framework of the evidence -based Early Development Index (EDI) as the core
of our competencies. Developed over the course of nearly 30 years, the EDI is a population -based
measure of early child development and school readiness in five key domains: physical health, social
Response Submitted by Padres Unidos- Early Childhood Support
City of Santa Ana RFP 21-116A
Page 2 of 4
Exhibit A
PADRES VNIDOS
competence, emotional maturity, language and cognitive skills, and communications skills and general
knowledge. Padres Unidos' modules target the five key domains in our Early Learning educational
modules. By the end of the attended module, utilizing Pre and Post scores, children ages 2.5 to 4.5 years
old will score statistically higher on their TK Foundational Skills Assessment and parents will have
increased their level of competency in the areas identified by as core competencies to being a successful
and engaged parent. These are measured by a self -report questionnaire administered during week 2 of the
program and re -administered during week 25 utilizing self -reporting, observation and journaling. Padres
Unidos utilizes a strengths and needs -based curriculum. Our areas of competencies include, but are not
limited to: Love and Affection, Stress Management, Communication, Effective decision -making,
Development of socio-emotional skills, Empathy, Relationship Skills, Autonomy and Independence
Education and Learning, Life Skills, Behavior Management.
2. Proposal shall include details of the target population
Our target population will include children ages one to five and their parents from very economically
stressed neighborhoods in Santa Ana: Including but not limited to Delhi , Pico -Lowell, Minnie
Street/Cornerstone Village, and Garfield. All three neighborhoods have high percentages of adults who
did not attend or complete high school (57% to 67%). In these neighborhoods, 84% to 96% of people
speak a language other than English at home (predominantly Spanish, but including Cambodian, and
Hindi), The majority (56% to 68%) reporting that they do not speak English very well.
3. Proposal shall include details of the unmet need
Santa Ana is the most populous city in Orange County, and the 8t' most densely populated urban city in
the United States. According to the 2016 US Census, Santa Ana's total population of 334,217 with 44.5%
of adults, ages 25 or older without a high school diploma. Santa Ana is one of the youngest cities in the
nation where children under 18 make up over 30% of its population. Roughly 32% of the city's children
under 4 years live below the poverty line. Only 44% of children achieve kindergarten readiness and only
22% of third -graders meet or exceed the CA literacy standards. Nearly one third of children under 4 years
in Santa Ana, CA, live below 100% of the Federal Poverty Level —much higher than the national rate
(21%). Children living in poverty are at greater risk for poor academic achievement, school dropout, and
developmental delays. A lack of awareness and access to early childhood resources contributes to a
sobering statistic: We estimate that roughly one-half to two-thirds of Santa Ana's children 0-3 who need
early learning supports are not accessing them.
Padres Unidos remains committed to addressing the unique parenting and educational challenges faced by
low-income Hispanic Families in Santa Ana. We provide culturally and linguistically appropriate
resources for families facing socio-emotional challenges and who are encountering a variety of self-
destructive behavioral and social issues within their communities. We focus our programs in high need
communities, where many families suffer from housing instability, struggle to meet basic needs, and high
crime rates. In addition, in many of the communities that we serve there are many immigrant families that
struggle with acculturation, fear, and isolation.
4. Proposal shall include details of collaborations with local organizations
Padres Unidos embraces the benefits and need for collaboration and partnership. Currently, we
collaborate with several agencies, including schools and churches that host our programs, as well as
organizational partners like the Santa Ana Unified School District, Restorative Justice, Orange County,
Probation Department, Orange County Department of Education- ACCESS, Community Action
Partnership of Orange County, First Five Orange County, local Boys and Girls club. and other local Santa
Ana nonprofits. We have a unique partnership with Chapman University, which provides a community
Response Submitted by Padres Unidos- Early Childhood Support
City of Santa Ana RFP 21-116A
Page 3 of 4
Exhibit A
PADRES UNIDOS
advocacy training program for parent volunteers. We also team with Chapman and the University of
California Irvine (UCI) for autism and special needs -related child developmental milestones, parent
support and education modules. We continue to live our mission across Santa Ana with a unique service
model that places us in a direct working relationship with the community. The community relationship is
nourished by our Community Workers, former Padres Unidos patrons who are "homegrown" experts and
trained through our collaboration with Chapman University.
5. Proposal shall include details of innovation in program/service delivery
Our innovative approach capitalizes on the neighborhood channels that families know and trust which are
engaged through Padres Unidos Community Workers. This strategy is designed specifically to reach past
the cultural, linguistic, transportation, and other barriers that keep low-income families from accessing
early childhood and development services. In addition, the majority of residents in the neighborhoods we
service are foreign -born, though many of them have young children who are citizens. Our model is
uniquely suited to impact this population because it relies on trusted informal connections. Our 8:1 ratio
in combination with training of parents to work with curricula at home has proven successful in
fomenting growth in the multiple areas of early development of the child. We walk with and encourage
families to reach out to their local organizations and safety net system that can help them without fearing
stigma or deportation.
Padres Unidos Unique and Innovative Program Delivery Aspects:
Utilizing a bio, psycho, social approach to our communities we leverage the strengths found within each
family. First, our Outreach is an all-inclusive platform. In Padres Unidos, we define this as a series of
informational and outreach strategies that extend the opportunity to all members to take -hold of a robust
branch and become stronger, more vibrant part of our families and communities. These activities increase
our range, closeness, and inclusion of school and community members who otherwise are non -responsive
to the invitation to participate. Our approach aims to include members of the community and encourage
them to be a part of the personal and academic success in their children's lives. These activities include,
but are not limited to: Coffee with parents, the Voice Campaign, the door-to-door initiative, Phone
campaign, and a digital and printed literature approach. Second, the Support Platform is the essence that
connects, sustains, and perpetuates the growth of children beyond the space and time provided by the
Padres Unidos Programs. The combination of the support that is provided to encourage the
implementation of change; and the development of a security net that is interconnected and engages the
school, parents, and students as custodians and contributors for their personal and familial growth process
are our weekly hand -in -hand community strengthening approach. Thirdly, The Educational Platform, is
an all-inclusive, skill -building environment for our students where learning takes place. Our framework is
an ongoing enrichment process to work on competencies identified by: a) members of Padres Unidos who
have attended our classes for the past thirty years. b) For eleven years, the Department of Children and
Family Services of Orange County supervised and supported our curriculum c) Educators and scholars
from Chapman University College of Educational Studies for the past five years have collaborated with
us as we refine our Educational Modules. Padres Unidos counts on a curriculum of 20 core classes and
148 additional topics that are selected based on the needs and choices of participants and the site
educators. Another important aspect of our educational modules is our openness to the diverse learning
styles of our students. Instead of operating in a hierarchical learning paradigm, we engage parents in an
inclusive interactional learning experience.
Response Submitted by Padres Unidos- Early Childhood Support
City of Santa Ana RFP 21-116A
Page 4 of 4
EXHIBIT B
FEE PAYMENT SCHEDULE
Exhibit B
FISCAL YEAR 2022-2023
PROPOSED PROGRAM BUDGET
Organization Name Padres Unidos
Program Name Early Learning Educational Program
Term: July 1, 2022 to June 30, 2023
EXPENDITURES
Enter budget categories and projected expenditures:
Category
Expenditures
Funded By
Santa Ana
REVIVE Funds
Expenditures
Funded By
Other Sources
Program
Budget
Total
Organization
Budget
Administrative Staff Salaries
$26,806
$26,806
Program Staff Salaries
$69,643
$69,643
Contractual Services
$0
$0
Other-
$14,900
$14,900
$4,000
$4,000
$9,645
$9,645
$0
$0
$0
$0
$0
$0
$0
$0
TOTAL
1 $124,994
$0
$124,994
$0
PROGRAM RESOURCES
LIST ALL OTHER PROGRAM RESOURCES FOR 2022-2023
Funding Source Total must equal Program Budget Total listed above.
FUNDING SOURCE AMOUNT
Santa Ana REVIVE $ 124,994
TOTAL $ 124,994
Exhibit B
2022-2023 REVIVE BUDGET LINE ITEMS
ADMINISTRATIVE STAFF
Position Title
Annual Salary & Benefits
REVIVE Funds
Description
Strategic and operational
responsibility for staff,
programs, expansion, and
execution of Padres Unidos'
Executive Director
$ 85,000.00
$ 7,167.31
mission
development and supervision
of programmatic activities by
designing community -level
programs, supervision of staff,
and overseeing the scope of
Program Manager
$ 65,000.00
$ 16,440.81
practice restrictions
provides training, as well as
clinical and personnel
Clinical Supervisor
$ 36,400.00
$ 3,197.90
supervision to staff
PROGRAM STAFF
Position Title
Annual Salary & Benefits
REVIVE Funds
Description
Site Coordinator
$
15,900.09
$
15,900.09
coordinate and run program at
site manage
Parent Educators
$
7,674.96
$
7,674.96
Provide parenting ed.
Child Educators
$
30,699.82
$
30,699.82
Provide early learning child ed.
Structured Play Child Care
$
7,684.12
$
7,684.12
child care
Site Support
$
7,684.12
$
7,684.12
provide site support to
coordinator
Volunteers
1 $
-
1 $
-
greet and support in
jeclucational modules
CONTRACTUAL/PROFESSIONAL SERVICES
Type of Service Contract Amount REVIVE Funds Description
Exhibit B
OTHER LINE ITEMS
Line Item
Program Amount
REVIVE Funds
Description
Program Materials
$ 14,900.00
$ 14,900.00
Early Ed. Class Material and
services distrubuted and used
to provide for program
participants and direct program
services (i.e. copies, handouts,
activity kits, tech/software,
paper, hospitality (snack/food),
Events
$ 4,000.00
$ 4,000.00
program graduations,
participant holiday events and
volunteer /parent recognitions
Indirect Costs @ 10% of Sa
$ 9,644.91
$ 9,644.91
Le accounting, facilities, data,
utilities
Attachment 1(b)
EXHIBIT C
FEDERAL AWARD IDENTIFICATION INFORMATION
The General Program Requirements were designed to provide the framework where the
CONTRACTOR will provide ARPA programs identified in this attachment.
I. 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.
II. 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.
IV. FEDERAL AWARD IDENTIFICATION
FAIN INFORMATION
A.
CONTRACTOR Name:
Padres Unidos
B.
CONTRACTOR'S Unique
061959469
Identifier (D-U-N-S):
Federal Award
C.
Identification Number
SLFRP 1059
(FAIN):
D.
Federal Award Date:
5/19/2021
E.
Subaward Period of
7/l/2022-6/30/2023
Performance:
Total Amount of Federal
F.
Funds Obligated by the
$124,995
Action:
Total Amount of Federal
G.
Funds Obligated to the
$124,995
CONTRACTOR:
H.
Total Amount of the
$64,180,406.50
Federal Award:
Federal Award Project
American Rescue Plan Act (ARPA)
L
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:
M.
CFDA Number:
21.027
CFDA Name:
Coronavirus State and Local Fiscal Recovery Funds
N.
Whether Award is R&D:
No
O
Indirect Cost Rate for the
de minimus or federally negotiated rate
Federal Award:
EXHIBIT D
DEBARMENT
Certification Regarding
Debarment, Suspension, Ineligibility and Voluntary Exclusion
Lower Tier Covered Transactions
This certification is required by the regulations implementing Executive Order 12549, Debarment and
Suspension, 29 CFR Part 98, Section 98.510, Participants' responsibilities. The regulations were
published as Part VII of the May 26,1988 Federal 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.
1�c�[ r► c�� �u� r-��— ).ry�,.ez� .`i�►� .[�. � r..rCu�; �� �s �.e�-�� r
Name and Title of Authorized Representative
S
,3/z11z6z-2--
Date
INSTRUCTIONS FOR CERTIFICATION
By signing and submitting this proposal, the prospective recipient of federal assistance funds
is providing the certification as set out below.
2. The certification in this clause is a material representation of fact upon which reliance was
placed when this transaction was entered into. if it is later determined that the prospective
recipient of federal assistance funds knowingly rendered an erroneous certification, in
addition to other remedies available to the Federal Govenunent, 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 terns "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered
transaction," "participant," "person," "primary covered transaction," "principal," "proposal,"
and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions
and Coverage sections of rules implementing Executive Order 12549. You may contact the
person to which this proposal is submitted for assistance in obtaining a copy of those
regulations.
The prospective recipient of federal assistance funds agrees by submitting this proposal that,
should the proposed covered transaction be entered into, it shall not knowingly enter into any
lower 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.
7. 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.
2
9. Except for transactions authorized under paragraph S of these instructions, if a participant in
a covered transaction knowingly enters into a lower tier covered transaction with a person
who is suspended, debarred, ineligible, or voluntarily excluded from participation in this
transaction, in addition to other remedies available to the Federal Govemment, the DOL may
pursue available remedies, including suspension and/or debarment.
EXHIBIT E
LOBBYING
Certification Regarding Lobbying
Certification for Contracts, Grants, Loans, ,and Cooperative Agreements
The undersigned certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee of
any agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with the awarding of any Federal contract, the making of any
cooperative agreement, and the extension, continuation, renewal, amendment, or modification of
any Federal contact, grant, loan or cooperative agreement.
(2) if any funds other than Federal appropriated funds have been paid or will be paid to any person
for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall
complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance
with its instructions.
(3) The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontract, subgrants, and contracts under
grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose
accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making
or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who
fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and
not more than $100,000 for each such failure.
Grantee/Contactor Organization
rCk m
Program Titl
3/ar/-P0zz
Name of Certifying Officer . Signature Date
11
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 perfonnance 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.
5
AGREEMENT BETWEEN THE CITY OF SANTA ANA AND
PADRES UNIDOS FOR USE OF AMERICAN RESCUE PLAN ACT (ARPA) FUNDS
This Agreement is hereby made and entered into this 3rd day of May, 2022, by and
between the City of Santa Ana, a charter city and municipal corporation organized and existing
under the Constitution and laws of the State of California ("CITY"), and Padres Unidos, a
California domestic nonprofit corporation ("SUBRECIPIENT" or "CONTRACTOR").
RFCITAT.C-
A. The American Rescue Plan Act ("ARPA") was signed into law in March 2021. ARPA
provides funding for a number of different programs, including the Coronavirus State and
Local Fiscal Recovery Fund ("SLFRF"), to provide monetary support to local governments
to respond to, mitigate, and recover from the COVID-19 public health emergency.
B. On July 20, 2021, the Santa Ana City Council authorized the City Manager to utilize ARPA
SLFRF funding from the United States Department of Treasury for the Revive Santa Ana
Spending Plan, which includes five spending categories: recovery from the pandemic, direct
assistance programs, public health and safety, critical infrastructure, and city fiscal health.
C. SUBRECIPIENT has been selected by the CITY to receive ARPA SLFRF Funds in order to
provide youth programs, including: early childhood support; head start; day care; after school
tutoring; athletic; and, youth violence prevention, in accordance with the Scope of Work
attached hereto as Exhibit A and incorporated herein by reference ("said program").
SUBRECIPIENT represents that it is qualified and willing to operate said program and
certifies that the administration of said program carried out with funds provided under this
Agreement will meet ARPA's objectives to respond to, mitigate, and recover from this
historic COVID-19 public health crisis.
D. SUBRECIPIENT agrees that it will adhere to the tasks and services as indicated in Exhibit A
for said program. Failure to follow the requirements and meet the stated expectations may
constitute breach of contract that could result in termination of this Agreement or serve as
reason for the CITY to recapture the grant funds awarded to SUBRECIPIENT pursuant to
this Agreement.
WHEREFORE, it is agreed by and between the parties that the foregoing Recitals are a
substantive part of this Agreement and the following terms and conditions are approved and together
with all exhibits and attachments hereto, shall constitute the entire Agreement between the CITY and
SUBRECIPIENT:
I. ARPA PROGRAM PROVISIONS
A. Scope of Work. SUBRECIPIENT shall be responsible for the specific tasks and
services of said program, and agrees to administer said program in compliance with the tasks and
services as described in the Scope of Work attached hereto as Exhibit A. SUBRECIPIENT's failure
1
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 July 1 st, 2022,
and continue through June 30, 2023 ("Term"), unless terminated earlier pursuant to the terms of
this Agreement. This Agreement shall also cover any and all services provided by the
SUBRECIPIENT to the CITY since the date the ARPA SURF Funds were awarded to the CITY.
Additionally, the Term of this Agreement may be extended by a writing executed by the City
Manager, or designee, and the City Attorney.
C. Amount of Grant Funding. The total amount of funds provided for said program
shall not exceed One Hundred Nineteen Thousand Three Hundred Ninety -Five Dollars and Zero
Cents ($119,395) ("ARPA SURF Funds") during the Term of the Agreement. SUBRECIPIENT
agrees to use said ARPA SURF Funds to administer said program as outlined in Exhibit A.
D. Disbursement of Funds. Said ARPA SURF Funds shall be disbursed by CITY to
SUBRECIPIENT pursuant to the terms found in the Fee Payment Schedule attached hereto as
Exhibit B, with payments subject to the submittal of invoices and other reporting requirements,
as hereinafter more fully set forth. SUBRECIPIENT shall be obligated to perform such duties as
would normally extend beyond the term, including, but not limited to, obligations with respect to
indemnification, audits, reporting, data retention/reporting, and accounting. Failure to provide any
of the required documentation and reporting will cause CITY to withhold all or a portion of a
request for ARPA SURF Funds, or return the entire request to SUBRECIPIENT, until such
documentation and reporting has been received and approved by CITY.
(1) Reduction in ARPA 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 SUBRECIPIENT's rate of
expenditure will result in unspent funds at the end of the program term. Amendments in the grant
allocation will be made after consultation with SUBRECIPIENT.
(3) Reversion of Assets. SUBRECIPIENT agrees that any and all funds received
under this Agreement shall be utilized during the Term of this Agreement, and that any and all funds
remaining as of the end of the Term, which have not been utilized, shall be returned by
SUBRECIPIENT to the CITY within thirty (30) days of the expiration or earlier termination of the
Agreement. No expense of SUBRECIPIENT will be reimbursed by CITY if incurred after the end
of the Term of the Agreement.
2
E. Grant Program Requirements.
(1) SUBRECIPIENT acknowledges that the source of funding for said program is the
federal ARPA, and that payments from the ARPA SURF Funds are only to be used to make
necessary expenditures incurred due to the public health emergency with respect to COVID-19.
(2) SUBRECIPIENT acknowledges that ARPA provisions allow the use of ARPA
SURF Funds to respond to, mitigate, and recover from the COVID-19 public health emergency, and
will not use these funds for any other uses.
(3) SUBRECIPIENT shall follow the process and determination of eligibility for
participants in said program as outlined in Exhibit A.
F. Performance Monitoring.
(1) SUBRECIPIENT shall submit program performance information as often as
requested by CITY, but no less than the submission of monthly reports and a final report to CITY
with the information requested by and in the format acceptable to CITY. Each monthly report is due
within thirty (30) days of completion of work for each month. The final report is due within thirty
(30) days after the termination or expiration of this Agreement.
(2) CITY will evaluate SUBRECIPIENT's management and operation of said
program with respect to the project expectations as described in Exhibit A.
(3) CITY will review the audit of the SUBRECIPIENT to ensure that grant funds are
used for authorized purposes in compliance with laws, regulations, and the provisions of contracts or
grant agreements under this Agreement, including attachments and exhibits.
(4) If action to correct any substandard performance is not taken by the
SUBRECIPIENT within a reasonable period after being notified by CITY, suspension or termination
procedures may be initiated by CITY.
(5) All performance shall be subject to review by the CITY or other regulatory
agencies at all times. SUBRECIPIENT shall provide adequate cooperation to any inspector or other
CITY representative to permit the same to determine SUBRECIPIENT's conformity with the terms
of this Agreement. If any services performed by SUBRECIPIENT are not in conformance with the
terms of this Agreement, the CITY shall have the right to require SUBRECIPIENT to perform the
services in conformance with the terms of the Agreement at no additional cost. The CITY may also
terminate this Agreement for default and charge SUBRECIPIENT for any costs incurred by the CITY
because of SUBRECIPIENT's failure to perform.
(6) SUBRECIPIENT shall establish adequate procedures for self -monitoring and
quality control and assurance to ensure proper performance under this Agreement; and shall permit a
CITY representative or other regulatory official to monitor, assess, or evaluate SUBRECIPIENT's
performance under this Agreement at any time, upon reasonable notice to SUBRECIPIENT.
G. Audit.
(1) SUBRECIPIENT shall maintain complete and accurate records and supporting
documentation to facilitate financial and/or program audits by CITY. This requirement shall apply
to any records and documentation CITY shall reasonably require or as required to be maintained
pursuant to the ARPA regulations.
(2) The books and accounts, files, and other records of SUBRECIPIENT, which are
applicable to this Agreement, shall be available for inspection, review, and audit during normal
business hours by CITY to determine the proper application and use of all ARPA SLFRF Funds
provided to or for the account or benefit of SUBRECIPIENT.
(3) SUBRECIPIENT assumes responsibility for reimbursement to CITY a sum of
money equivalent to the amount of any expenditures disallowed should the CITY, or an authorized
agency, rule through audit, exception, or some other appropriate means, that expenditures from funds
allocated to SUBRECIPIENT for direct and/or administrative costs were not made in compliance
with the applicable cost principles, regulations, or the provisions of this Agreement.
(4) SUBRECIPIENT agrees to comply with the requirements of OMB Uniform
Guidance 2 CFR Part 200. SUBRECIPIENT further agrees to provide CITY with a copy of
completed independent auditors' report within thirty (30) days of CITY's request for such report. If
the report contains instances of non-compliance with federal laws and regulations that bear directly
on the performance or administration of this Agreement, SUBRECIPIENT shall provide CITY copies
of responses to auditors' reports, a plan for corrective action, and auditors' response that the
noncompliance has been resolved. All reports prepared in accord with the requirements of OMB
Uniform Guidance 2 CFR Part 200 shall be available for inspection by representatives of CITY or the
federal government during normal business hours.
(5) All accounting records, reports, and evidence pertaining to all costs, expenses
and the ARPA SLFRF Funds of SUBRECIPIENT and all documents related to this Agreement
shall be maintained and kept available at SUBRECIPIENT'S office or place of business for the
duration of the Agreement and thereafter for five (5) years from the date of final payment under
this Agreement. Records which relate to: (a) complaints, claims, administrative proceedings or
litigation arising out of the performance of this Agreement; or, (b) costs and expenses of this
Agreement to which CITY or any other governmental agency takes exception, shall be retained
beyond the five (5) years until complete resolution or disposition of such appeals, litigation claims,
or exceptions. In the event SUBRECIPIENT does not make the above -referenced documents
available within the City of Santa Ana, California, SUBRECIPIENT agrees to pay all necessary and
reasonable expenses incurred by CITY in conducting any audit at the location where said records and
books of account are maintained.
H. 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
M
the CITY or to third parties. SUBRECIPIENT agrees not to release or circulate in whole or part
such materials, reports, or products without prior written authorization of the CITY.
I. Close -Out. SUBRECIPIENT agrees to comply with the closeout procedures
detailed in 2 CFR §200.343, including the following:
(1) SUBRECIPIENT must submit, no later than ninety (90) calendar days after the
end date of the period of performance, all financial, performance, and other reports as required by
the terms and conditions of this Agreement;
(2) SUBRECIPIENT must promptly refund any balances of unobligated cash that
the CITY paid in advance or paid and that is not authorized to be retained by SUBRECIPIENT for
use in other projects (See OMB Circular A-129 and 2 CFR §200.345); and,
(3) CITY should complete all closeout actions for the Federal award no later than
one year after receipt and acceptance of all required final reports.
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; (ii) it has
carefully considered how the services should be performed; and, (iii) it fully understands the
facilities, difficulties and restrictions attending performance of the services under this Agreement.
(4) No Conflict. To the best of SUBRECIPIENT'S knowledge,
SUBRECIPIENT'S execution, delivery and performance of its obligations under this Agreement
will not constitute a default or a breach under any contract, agreement or order to which
SUBRECIPIENT is a party or by which it is bound.
(5) No Bankruptcy. SUBRECIPIENT is not the subject of any current or
threatened bankruptcy proceeding.
5
(6) No Pending Legal Proceedings. SUBRECIPIENT is not the subject of a
current or threatened litigation that would or may materially affect SUBRECIPIENT'S
performance under this Agreement.
(7) Proposal Veracity. All provisions of and information provided in
SUBRECIPIENT's proposal submitted to CITY, including any exhibits, are true and correct in all
material respects.
(8) No Pending Investigation. SUBRECIPIENT has no knowledge that it is the
subject of any current or threatened criminal or civil action investigation by any public agency,
including without limitation a police agency or prosecuting authority, which would relate to or
affect performance of the Agreement or provision of services hereunder.
B. Licensing. SUBRECIPIENT agrees to obtain and maintain all required licenses,
registrations, accreditation and inspections from all agencies governing its operations.
SUBRECIPIENT shall ensure that its staff shall also obtain and maintain all required licenses,
registrations, accreditation and inspections from all agencies governing SUBRECIPIENT's
operations hereunder. Such licensing requirements include obtaining a City business license, as
applicable.
C. Zoning. SUBRECIPIENT agrees that any facility/property used in furtherance of said
program shall be specifically zoned and permitted for such use(s) and activities. Should
SUBRECIPIENT fail to have the required land entitlement and/or permits, thus violating any local,
state or federal rules and regulations relating thereto, SUBRECIPIENT shall immediately make good -
faith efforts to gain compliance with local, state or federal rules and regulations following written
notification of said violation(s) from the CITY or other authorized citing agency. SUBRECIPIENT
shall notify CITY immediately of any pending violations. Failure to notify CITY of pending
violations, or to remedy such known violation(s) shall result in termination of grant funding
hereunder. SUBRECIPIENT must make all corrections required to bring the facility/property into
compliance with the law within sixty (60) days of notification of the violation(s); failure to gain
compliance within such time shall result in termination of grant funding hereunder.
D. Separation of Accounts. All funds received by SUBRECIPIENT from CITY pursuant
to this Agreement shall be maintained in an account in a federally insured banking or savings and
loan institution with record keeping of such accounts maintained pursuant to applicable 2 CFR
200.302 requirements. SUBRECIPIENT is not required to maintain separate depository accounts for
ARPA SLFRF Funds; provided however, the SUBRECIPIENT must be able to account for receipt,
obligation, distribution and expenditure of ARPA SLFRF Funds pursuant to applicable 2 CFR
200.302 requirements.
E. Audit Report Requirements. SUBRECIPIENT agrees that if SUBRECIPIENT
expends Seven Hundred Fifty Thousand Dollars ($750,000) or more in federal funds,
SUBRECIPIENT shall have an annual audit conducted by a certified public accountant in accordance
with the standards as set forth and published by the United States Office of Management and Budget.
SUBRECIPIENT shall provide CITY with a copy of said audit by April 1 of the year following the
program year in which this Agreement is executed.
2
F. Compliance with Law/Program Income. SUBRECIPIENT acknowledges that the
funds being provided by CITY for said program are received by CITY pursuant to ARPA, and that
distribution and expenditure of these ARPA SURF Funds shall be in accordance with ARPA and all
pertinent regulations issued by agencies of the federal government, including, but not limited to, all
regulations found at Title 24 of the Code of Federal Regulations. Any program income received by
SUBRECIPIENT shall be returned to CITY, unless otherwise provided for in this Agreement.
SUBRECIPIENT agrees to comply fully with all federal, state and local laws and court orders
applicable to its operation and administration of said program, whether or not referred to in this
Agreement.
G. Debarment. To protect the public interest and ensure the integrity of Federal
programs, CITY may only conduct business with responsible persons and may not make any award
or permit any award to any party which is debarred or suspended or is otherwise excluded from or
ineligible for participation in Federal assistance programs under Executive Order 12549,
"Debarment and Suspension". See also 24 CFR 570.609. SUBRECIPIENT must review and sign
Exhibit D "Debarment", which is attached hereto and incorporated herein by this reference.
SUBRECIPIENT shall be in good standing, without suspension by the California Secretary of State,
Franchise Tax Board or Internal Revenue Service. Any change in the corporate status or suspension
of SUBRECIPIENT shall be reported immediately to CITY.
H. Confidentiality. Without prejudice to any other provisions of this Agreement,
SUBRECIPIENT shall, where applicable, maintain the confidential nature of information provided
to it concerning participants in accordance with the requirements of federal and state law. However,
SUBRECIPIENT shall submit to CITY or its representatives, all records requested, including audit,
examinations, monitoring and verifications of reports submitted by SUBRECIPIENT, costs incurred
and services rendered hereunder.
I. Independent Contractor. SUBRECIPIENT agrees that the performance of obligations
hereunder is rendered in its capacity as an independent contractor and that it is in no way an agent of
CITY.
J. Violation of Terms and Conditions. SUBRECIPIENT agrees that if SUBRECIPIENT
violates any of the terms and conditions of this Agreement or any prior Agreement whereby ARPA
SURF Funds were received by SUBRECIPIENT, or if SUBRECIPIENT reports inaccurately, or if
on audit there is a disallowance of certain expenditures, SUBRECIPIENT agrees to remedy the acts
or omissions causing the disallowance and repay CITY all amounts spent in violation thereof. If
SUBRECIPIENT engaged in fraudulent activity to obtain and/or justify distribution or expenditure
of the ARPA SURF Funds granted hereunder, SU 3RECIPIENT shall be required to reimburse the
CITY of all such funds that were obtained, distributed and/or spent under fraudulent circumstances.
K. Fraud. SUBRECIPIENT shall immediately report all suspected or known instances
and facts concerning possible fraud, abuse or criminal activity related to said program for the ARPA
SURF Funds under this Agreement.
7
L. Prohibited Use. SUBRECIPIENT hereby certifies and agrees that it will not use
ARPA SLFRF Funds provided through this Agreement to pay for entertainment, meals or gifts, or
other prohibited uses.
M. Lobbying. SUBRECIPIENT certifies that it will comply with federal law (31 U.S.C.
1352) and regulations found at 24 CFR Part 87, which provide that no appropriated funds may be
expended by the recipient of a federal contract, grant, loan or cooperative agreement to pay any person
for influencing or attempting to influence an officer or employee of any agency, Member of Congress,
or an officer or employee of a Member of Congress in connection with awarding of any federal
contract, the making of any federal grant or loan, entering into any cooperative agreement and the
extension, renewal, amendment or modification of any federal contract, grant, loan or cooperative
agreement. SUBRECIPIENT shall sign a certification to that effect in a form as set forth in Exhibit
E, attached hereto and by this reference incorporated herein. SUBRECIPIENT shall submit said
signed certification to CITY prior to performing any of its obligations under this Agreement and prior
to any obligation arising on the part of CITY to pay any sums to SUBRECIPIENT under the terms
and conditions of this Agreement.
If any funds other than Federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any agency, a Member
of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall
complete and submit a "Disclosure Form to Report Lobbying," in accordance with its instructions
(Exhibit E).
N. Financial Interest. SUBRECIPIENT agrees that except for the use of administrative
fees to pay salaries and other related administrative or personnel costs, no persons who exercise or
have exercised any function with respect to administering said program under the 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 SURF Funds shall provide equal
employment opportunities for minorities and women.
Q. Women and Minority -Owned Businesses (W/MBE). SUBRECIPIENT will use its
best efforts to afford small businesses, minority business enterprises, and women's business
enterprises the maximum practicable opportunity to participate in the performance of this
Agreement in accordance with the requirements of 2 CFR 200.321 "Contracting with small and
minority businesses, women's business enterprises, and labor surplus area firms". As used in this
Agreement, the term "small business" means a business that meets the criteria set forth in section
3(a) of the Small Business Act, as amended (15 U.S.C. 632), and "minority and women's business
enterprise" means a business at least fifty-one percent (51 %) owned and controlled by minority
group members or women. For the purpose of this definition, "minority group members" are
African -Americans, Spanish-speaking, Spanish surnamed or Spanish -heritage Americans, Asian -
Americans, and American Indians. SUBRECIPIENT may rely on written representations by
businesses regarding their status as minority and female business enterprises in lieu of an
independent investigation.
R. Drug Free Workplace. SUBRECIPIENT agrees to provide a drug -free workplace and
to execute a certification as set forth in Exhibit F attached hereto and incorporated herein by this
reference.
S. Uniform Administrative Requirements, Cost Principles, and Audit Requirements
for Federal Awards. The following requirements and standards must be complied with: 2 CFR
Part 200 et al. SUBRECIPIENT shall procure all materials, property, or services in accordance
with the requirements of 2 CFR 200.318-326.
III. CITY'S OBLIGATIONS
A. Audit of Account. CITY shall include an audit of the account maintained by
SUBRECIPIENT in CITY's audit of all ARPA SURF 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
0
performed its obligations as stated in this contract in a satisfactory manner, or if the CITY
determines that insufficient supporting information has been submitted, the CITY shall notify the
SUBRECIPIENT in writing of its determination specifying in full detail the objections that it has
to the SUBRECIPIENT's performance. If action to correct such substandard performance is not
taken by the SUBRECIPIENT after being notified by the CITY, within a reasonable period of time
as stipulated in the written notification, contract suspension or termination procedures will be
initiated.
IV. GENERAL PROVISIONS
A. Non -Discrimination.
1. SUBRECIPIENT agrees to comply with Executive Order 11246, which requires
that during the performance of this Agreement, SUBRECIPIENT agrees not to discriminate against
any employee or applicant for employment because of race, religion, sex, color or national origin.
Such action shall include, but not be limited to the following: employment, upgrading, demotion, or
transfer, rates of pay or other forms of compensation, and selection for training, including
apprenticeship. SUBRECIPIENT agrees to post in conspicuous places, available to employees and
applicants for employment, notices to be provided by the SUBRECIPIENT setting forth the
provisions of this nondiscrimination clause.
2. SUBRECIPIENT agrees to comply with Title VI of the Civil Rights Act of 1964,
which indicates that no person shall, on the ground of race, color or national origin, be excluded from
participation in, be denied the benefits of, or be subject to discrimination under any program of activity
receiving federal financial assistance.
3. No person shall, on the grounds of race, sex, creed, color, religion, marital status,
national origin, age, sexual orientation, or physical or mental handicap be excluded from participation
in, be refused the benefits of, or otherwise be subject to discrimination in any activities, programs or
employment supported by this Agreement. SUBRECIPIENT is prohibited from discrimination on
the basis of age or with respect to an otherwise qualified handicapped person as provided for under
Section 109 of the Housing and Community Development Act of 1974, as amended.
4. SUBRECIPIENT agrees to comply with the Age Discrimination Act of 1975,
which requires that during the performance of this Agreement, SUBRECIPIENT agrees not to
discriminate against any employee or applicant for employment because of age. Such action shall
include, but not be limited to the following: employment upgrading, demotion, or transfer, rates of
pay or other forms of compensation, and selection for training, including apprenticeship.
SUBRECIPIENT agrees to post in conspicuous places, available to employees and applicants for
employment, notices to be provided by the SUBRECIPIENT setting forth the provisions of this age
discrimination clause.
5. SUBRECIPIENT agrees to comply with Section 504 of the Rehabilitation Act of
1973, which requires that no otherwise qualified individual with a disability in the United States, shall,
solely by reason of his or her disability, be excluded from the participation in, be denied the benefits
of, or be subjected to discrimination under any program or activity receiving federal financial
10
assistance or under any program or activity conducted by any executive agency or by the United
States Postal Service.
B. Conflict of Interest. Pursuant to the conflict of interest requirements set forth in 24
CFR 570.611 and 2 CFR 200.112, SUBRECIPIENT certifies that no member, officer, employee,
agent or assignee of CITY having direct or indirect control of any ARPA SLFRF Funds granted to
the CITY, inclusive of the subject ARPA SLFRF Funds, shall serve as an officer of SUBRECIPIENT.
Further, any conflict or potential conflict of interest of any officer of SUBRECIPIENT shall be fully
disclosed in writing prior to the execution of this Agreement and said writing shall be attached and
deemed fully incorporated as a part hereof. Notice shall be sent by SUBRECIPIENT to CITY
regarding any changes or modifications to its board of directors and list of officers.
C. Special Certification for Religious Entities. If SUBRECIPIENT is a religious entity,
SUBRECIPIENT hereby agrees that in connection with the provision of the services
SUBRECIPIENT shall provide with ARPA SLFRF Funds, in accordance with 24 CFR 570.2000):
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
11
section, the term "immediate family" means spouse, child, mother, father, brother, sister, brother-in-
law, sister-in-law, father-in-law, mother-in-law, son-in-law, daughter-in-law, aunt, uncle, niece,
nephew, stepparent and stepchild. The term "administrative capacity" means having selection, hiring,
supervisor or management responsibilities.
E. Notices. Notices to the parties shall, unless otherwise requested in writing, be sent by
U.S. Mail, postage prepaid, and addressed as follows:
TO CITY: City of Santa Ana
Lisa Rudloff
Executive Director
Parks, Recreation and Community Services Agency
20 Civic Center Plaza
P.O. Box 1988
Santa Ana, California 92702-1988
TO SUBRECIPIENT:
Padres Unidos
Attn: Patricia Huerta-Meza, Executive Director
P.O. Box
Santa Ana, CA 92702
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 and the results of that work by the Contractor, its agents,
representatives, employees, or subcontractors.
12
a. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad
as:
Commercial General Liability (CGL): Insurance Services Office Form CG 00
O1 covering CGL on an "occurrence" basis, including products and completed
operations, property damage, bodily injury and personal & advertising injury
with limits no less than $2,000,000 per occurrence. If a general aggregate limit
applies, either the general aggregate limit shall apply separately to this
project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be
twice the required occurrence limit.
2. Automobile Liability: Insurance Services Office Form Number CA 0001
covering, Code 1 (any auto), or if Contractor has no owned autos, Code 8 (hired)
and 9 (non -owned), with limit no less than $1,000,000 (if program services
includes transportation of youth, the limit shall be no less than $5,000,000) per
accident for bodily injury and property damage. (Not required if an automobile
is not required to fulfill services.)
3. Workers' Compensation: insurance as required by the State of California, with
Statutory Limits, and Employer's Liability Insurance with limit of no less than
$1,000,000 per accident for bodily injury or disease.
4. Sexual Abuse or Molestation (SAM) Liability: If the CGL policy referenced
above is not endorsed to include affirmative coverage for sexual abuse or
molestation, Contractor shall obtain and maintain a policy covering Sexual
Abuse and Molestation with a limit no less than $1,000,000 per occurrence or
claim.
5. If the Contractor maintains broader coverage and/or higher limits than the
minimums shown above, the City requires and shall be entitled to the broader
coverage and/or the higher limits maintained by the Contractor. Any available
insurance proceeds in excess of the specified minimum limits of insurance and
coverage shall be available to the City.
b. Other Insurance Provisions — The insurance policies are to contain, or be endorsed to
contain, the following provisions:
Additional Insured Status: The City, its officers, officials, employees, and
volunteers are to be covered as additional insureds on the CGL policy with
respect to liability arising out of work or operations performed by or on behalf
of the Contractor including materials, parts, or equipment furnished in
connection with such work or operations. General liability coverage can be
provided in the form of an endorsement to the Contractor's insurance (at least
as broad as ISO Form CG 20 10 11 85 or if not available, through the addition
of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if a
later edition is used).
2. Primary Coverage: For any claims related to this contract, the Contractor's
insurance coverage shall be primary coverage at least as broad as ISO CG 20
0104 13 as respects the City, its officers, officials, employees, and volunteers.
Any insurance or self-insurance maintained by the City, its officers, officials,
13
employees, or volunteers shall be excess of the Contractor's insurance and shall
not contribute with it.
3. Notice of Cancellation: Each insurance policy required above shall state that
coverage shall not be canceled, except with notice to the City.
4. Waiver of Subrogation: Contractor hereby grants to City a waiver of any right
to subrogation which any insurer of said Contractor may acquire against the
City by virtue of the payment of any loss under such insurance. Contractor
agrees to obtain any endorsement that may be necessary to affect this waiver of
subrogation, but this provision applies regardless of whether or not the City has
received a waiver of subrogation endorsement from the insurer.
5. Self -Insured Retentions: Self -insured retentions must be declared to and
approved by the City. The City may require the Contractor to purchase coverage
with a lower retention or provide proof of ability to pay losses and related
investigations, claim administration, and defense expenses within the retention.
The policy language shall provide, or be endorsed to provide, that the self -
insured retention may be satisfied by either the named insured or City.
6. Acceptability of Insurers: Insurance is to be placed with insurers authorized to
conduct business in the state with a current A.M. Best's rating of no less than
A:VII, unless otherwise acceptable to the City.
7. Claims Made Policies: If any of the required policies provide coverage on a
claims -made basis:
1. The Retroactive Date must be shown and must be before the date of the
contract or the beginning of contract work.
2. Insurance must be maintained and evidence of insurance must be
provided for at least five (5) years after completion of the contract of
work.
3. If coverage is canceled or non -renewed, and not replaced with another
claims -made policy form with a Retroactive Date prior to the contract
effective date, the Contractor must purchase "extended reporting"
coverage for a minimum of five (5) years after completion of contract
work.
8. Verification of Coverage: Contractor shall furnish the City with original
Certificates of Insurance including all required amendatory endorsements (or
copies of the applicable policy language effecting coverage required by this
clause) and a copy of the Declarations and Endorsement Page of the CGL policy
listing all policy endorsements to City before work begins. However, failure to
obtain the required documents prior to the work beginning shall not waive the
Contractor's obligation to provide them. City reserves the right to require
complete, certified copies of all required insurance policies, including
endorsements required by these specifications, at any time.
14
9. Special Risks or Circumstances: City reserves the right to modify these
requirements, including limits, based on the nature of the risk, prior experience,
insurer, coverage, or other special circumstances.
I. Termination.
1. This Agreement may be terminated on thirty (30) days' written notice by either
party. In the event of such termination, SUBRECIPIENT shall only be entitled to reimbursement for
approved expenses incurred to the effective date of termination.
2. This Agreement may be suspended or terminated by CITY upon five (5) days'
written notice for violation by SUBRECIPIENT of Federal Laws governing the use of ARPA SURF
Funds. 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.
15
J. Limitation of Funds. The United States of America may in the future place
programmatic or fiscal limitations on the use of ARPA SLFRF Funds, which limitations are not
presently anticipated. Accordingly, CITY reserves the right to revise this Agreement in order to take
account of actions affecting ARPA program funding. In the event of funding reduction, CITY may,
in its sole and absolute discretion, reduce the budget of this Agreement, may limit the rate of
SUBRECIPIENT's authority to utilize funds, or may restrict SUBRECIPIENT's use of uncommitted
funds. Where CITY has been directed to implement a reduction in funding, with respect to funding
for this Agreement, CITY's City Manager or delegate is authorized to act for CITY in implementing
and effecting such a reduction and in revising, modifying, or amending the Agreement for such
purposes. If such a reduction in funding occurs, SUBRECIPIENT shall be permitted to de -scope
accordingly. Where CITY has reasonable grounds to question SUBRECIPIENT's fiscal
accountability or compliance with this Agreement, CITY may suspend the operation of this
Agreement for up to sixty (60) days upon five (5) days written notice to SUBRECIPIENT of its
intention to so act, pending an audit or other resolution of such questions. In no event, however, shall
any revisions made by CITY affect expenditures and legally binding commitments made by
SUBRECIPIENT before it received notice of such revision, provided that such amounts have been
committed in good faith and are otherwise allowable and that such commitments are consistent with
ARPA SLFRF Funds withdrawal guidelines.
K. Exclusivity and Amendment of Agreement. This Agreement supersedes any and all
other agreements, either oral or in writing, between the parties hereto with respect to the use of CITY's
ARPA SLFRF Funds by SUBRECIPIENT and contains all the covenants and agreements between
the parties with respect to SUBRECIPIIENT's administration of said program. Each party to this
Agreement acknowledges that no representations, inducements, promises or agreements, orally or
otherwise, have been made by any party, or anyone acting on behalf of any party, which are not
embodied herein, and that no other agreement or amendment hereto shall be effective unless executed
in writing and signed by both CITY and SUBRECIPIENT.
L. Laws Governingthis his 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.
16
O. Federal Award Identification Information. SUBRECIPIENT's pertinent Federal
Award Identification Information, including DUNS Number and Federal Award Identification
Number (FAIN), as well as the applicable information for ARPA, are included in Exhibit C
attached hereto and incorporated herein by this reference.
P. Miscellaneous Provisions.
1. Each undersigned represents and warrants that its signature herein below has the
power, authority and right to bind their respective parties to each of the terms of this Agreement, and
shall indemnify CITY fully, including reasonable costs and attorney's fees, for any injuries or
damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is
withdrawn.
2. All Exhibits and Attachments referenced herein and attached hereto shall be
incorporated as if fully set forth in the body of this Agreement.
3. This Agreement must be signed below and may be signed in counterpart and
delivered by fax, email as a PDF (Portable Document Format) file attachment, or by other means that
displays the original or a copy of the signatures. Any subsequent amendments may be signed and
delivered in the same manner.
{Signatures on following page}
17
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year
first written above.
ATTEST:
DAISY GOMEZ
Clerk of the Council
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
������
Deputy City Attorney
RECOMMENDED FOR APPROVAL:
LISA RUDLOFF
Executive Director
Parks, Recreation and Community Services Agency
CITY OF SANTA ANA
KRISTINE RIDGE
City Manager
SUBRECIPIENT:
Patricia Huerta-Meza
Executive Director
DUNS #: 061959469
In
EXHIBIT A
SCOPE OF WORK
Exhibit A
REVISED SCOPE OF WORK
FOR
REVIVE:
SANTA ANA YOUTH PROGRAMS FOR
RFP NO.: 21-116A
YOUTH VIOLENCE PREVENTION
CITY OF SANTA ANA
Parks, Recreation and Community Services Agency 20 Civic Center Plaza-M23
Santa Ana, CA 92701
Frank Arroyo
RFP Administrator
(714) 571-4218 Office
farroyo@santa-ana.org
RESPONSE SUBMITTED BY:
PADRES UNIDOS
"Successful Families Build Successful Communities"
Exhibit A
PADRES UNIDOS
II. SCOPE OF WORK: (3 page max)
1. Proposal shall include details of the youth program/service to be provided, the tasks to be
accomplished, duration of the program (proposals may be up to two years) and the deliverables to be
provided
Padres Unidos' proposed service delivery approach is based largely on our existing Outreach, Support
and Education platform.
Youth and Parent Conioint Family Education, Outreach and Support Module
"24 weeks of service per program "
**3 SITES AVAILABLE FOR ONE YEAR**
• 2 weeks of Outreach, including two door-to-door campaigns in the area
• 2 weeks of protective factors and risk factors assessments (from participants as well as local
school)
YOUTH ENGAGEMENT AND VIOLENCE PREVENTION & PARENT CONJOINT
OUTREACH, SUPPORT AND EDUCATION COMPONENT:
• Youth and Parent Outreach and Education a minimum of 15 participants, for 2 hours a day once a
week for 20 weeks.
• 1 hours of Parent and Youth (separately) Support and Education component.
• 1 hour of Teen and Parent Conjoint component.
• Parent curriculum is developed by leveraging existing research that shows that the more involved
and engaged an adult is in the youth's life the higher likelihood of success. The more engaged a
parent is, the youth experiences a decrease in violent behaviors and an increase in prosocial
behaviors. Topics include but are not limited to; functional vs. dysfunctional love, conflict
resolution, family systems, and trauma/generational trauma, mental health and more.
• Youth curriculum is developed leveraging Positive youth development (PYD), a strengths -based
approach used to support the development of young people's skills, nurture their interests and
values, seek and incorporate their input, and connect them to positive adults and useful resources.
Topics include but are not limited to: friends, family, mental health, substance use, educational
goals, trauma, life goals developments.
SIBLINGS OF YOUTH ENGAGEMENT AND VIOLENCE PREVENTION COMPONENT:
• 2 hours a day once a week for 20 weeks. Number of elementary school aged children sibling
spaces allocated per program is 20.
• The curriculum for the sibling component is designed to increase support for siblings of high -risk
youth. In order to increase the frequency of or improve the quality of prosocial interactions, as
well as to improve emotional responding and reduce inappropriate and challenging behaviors, we
create a safe and trusting environment for them to explore and share their experiences. This
facilitates growth.
• Structured Play Child -Care included for 2 to 5 year -old children.
Padres Unidos has spent many years developing program curricula and materials using effective programs
as a guide in crafting intervention, support and education programs that strengthen families. Starting with
the experience garnered during the provision of services to families through contracts with the Orange
County Social Services Agency and later the Santa Ana Unified School District and guided by a Clinical
Psychologist and Licensed Clinical Social Worker, the Parent Outreach and Education program is a
highly effective intervention proven to strengthen families. The Parent Outreach and Education program
includes a strengths and needs assessment at the outset of each class. Also, in order to provide data for
Response Submitted by Padres Unidos
City of Santa Ana RFP 21-116A- Youth Violence Prevention
Page 2 of 4
Exhibit A
PADRES UNIDOS
ongoing program evaluation, a questionnaire is distributed to parents at the start of the program in to
determine the family situation. This includes questions relating to communication issues, discipline,
parental supervision, knowledge and feelings about violence, the Juvenile Justice System and Probation
and the level of parental involvement in the youth's life. Each of these educational components come with
a curriculum and materials to support the instruction of the topic. Our approach includes the
implementation of activities to strengthen the lesson as well as homework assignments to reinforce and
practice learned concepts. The homework forum provides a safe platform to practice and share
experiences. This powerful tool clarifies and encourage both short and long term changes. The Parent and
Teen Conjoint program has also been developed over many years using programs proven effective in
lowering violence among youth, reducing recidivism, improving family communication and
strengthening the relationship between parents and their teens. Some of the program content is drawn
from Moral Reconation Therapy, an evidence -based cognitive -behavioral program that has been shown to
reduce recidivism among youth and adults.
*All of our educational modules and components are able to be distributed virtually/online or with in -
person instruction.
Anticipated Outcomes and Competencies
As a result of this program, we anticipate seeing improved communication skills, particularly the ability
to share experiences and feelings respectfully and constructively, as well as increased knowledge of how
to identify and change destructive/problematic behaviors. Because all members of the family will be
attending the programs concurrently, we develop ways to deal with trauma and conflict effectively.
Parent, youth and siblings will learn to identify their strengths and parents will learn strategies necessary
to de-escalate and take control of the emerging situations. Ultimately, this will strengthen parent -teen
relationships and decrease the likelihood of engaging in violent/problematic behaviors by building on
strengths in the family.
2. Proposal shall include details of the target population
Our target population will include young people ages 11 to 17, their siblings and families from very
economically stressed neighborhoods in Santa Ana: Delhi , Pico -Lowell, Minnie Street/Cornerstone
Village, and Garfield. All three neighborhoods have high percentages of adults who did not attend or
complete high school (57% to 67%). In these neighborhoods, 84% to 96% of people speak a language
other than English at home (predominantly Spanish, but including Cambodian, and Hindi), The majority
(56% to 68%) reporting that they do not speak English very well.
3. Proposal shall include details of the unmet need
Santa Ana is the most populous city in Orange County, and the 8t1i most densely populated urban city in
the United States. According to the 2016 US Census, Santa Ana's total population of 334,217 with 44.5%
of adults, ages 25 or older without a high school diploma. Santa Ana is one of the youngest cities in the
nation where children under 18 make up over 30% of its population. Roughly 32% of the city's children
under 4 years live below the poverty line. There is strong evidence that poor school performance, violent
behaviors, truancy, and leaving school are connected with juvenile delinquency. As a result, these
statistics are reflected in the percentage of Hispanic youth involved in criminal activity, including violent
crime especially in communities like Santa Ana. According to the California Department of
Justice Bureau of Criminal Information and Analysis statistics, Hispanic Youth represented 53% of all
juvenile arrests. Education and strong family ties could help to reroute this pipeline to jail for the youth of
Response Submitted by Padres Unidos
City of Santa Ana RFP 21-116A- Youth Violence Prevention
Page 3 of 4
Exhibit A
PADRES VNIDOS
our local communities. Youth violence is a significant problem that affects thousands of young people
each day, and in turn, their families, schools, and communities.However, siblings of incarcerated or
difficult youth are often overlooked. In fact, no one is sure how many children bear this particular
burden. It is estimated that 200,000 youth are incarcerated every year, leaving an even greater number of
siblings at home. Even with such a large number of children affected, very little research or resources are
devoted to the siblings of incarcerated youth. A study conducted by sociologist Katie Heaton addresses
this very point. She writes that these youth are the "most often overlooked" of those affected by
incarceration. Non -offending siblings face high amounts of "emotional stress", partially stemming from
issues like "bullying by other students who discovered their sibling's imprisonment, adjusting to new
household roles and routines, complex feelings of ambivalence related to their sibling's safety, visiting
their brother or sister, and having their sibling return home after an extended period away."
Unfortunately, these children are overlooked by society.
4. Proposal shall include details of collaborations with local organizations
Padres Unidos embraces the benefits and need for collaboration and partnership. Currently, we
collaborate with several agencies, including schools and churches that host our programs, as well as
organizational partners like the Santa Ana Unified School District, Restorative Justice, Orange County,
Probation Department, Orange County Department of Education- ACCESS, Community Action
Partnership of Orange County, First Five Orange County, Boys and Girls Club. and other local Santa Ana
nonprofits. We have a unique partnership with Chapman University, which provides a community
advocacy training program for parent volunteers. We also team with Chapman and the University of
California Irvine (UCI) for autism and special needs -related child developmental milestones, parent
support and education modules. We continue to live our mission across Santa Ana with a unique service
model that places us in a direct working relationship with the community. The community relationship is
nourished by our Community Workers, former Padres Unidos patrons who are "homegrown" experts and
trained through our collaboration with Chapman University.
S. Proposal shall include details of innovation in program/service delivery
We utilize an approach that balances personal accountability and mutual assistance in the following
relationships: neighbor -to -neighbor, parent -to -youth, government -to -resident, youth -to -community, and
community- and faith -based -organization -to -member. By leveraging the entire community system and
bringing everyone to the table we provide early intervention. A young person can be involved with youth
violence as a victim, offender, or witness. Youth violence is preventable. To prevent and eliminate
violence and improve youth well-being, Padres Unidos employs evidence -based, comprehensive
approaches that address the multiple factors that impact violence, both factors that increase risk of
violence and factors that buffer against risk and promote positive youth development and well-being.
Prevention, intervention, and treatment strategies that are trauma -informed are key. Many youths have
experienced traumatic events, including physical, sexual, and emotional abuse; family and community
violence; natural disasters; and the ongoing, cumulative impact of poverty, racism, oppression, and the
COVID pandemic with all of its socio-emotional and economic consequences. Repeated exposure to
traumatic events increases the risk of youth violence. Organizational trauma -informed care that is
grounded in an understanding of the causes and consequences of trauma can promote resilience and
healing, while reducing youth violence. We walk with and encourage families to reach out to their local
organizations and safety net systems that can help them without fearing stigma or deportation.
Response Submitted by Padres Unidos
City of Santa Ana RFP 21-116A- Youth Violence Prevention
Page 4 of 4
EXHIBIT B
FEE PAYMENT SCHEDULE
Exhibit B
FISCAL YEAR 2022-2023
PROPOSED PROGRAM BUDGET
Organization Name Padres Unidos
Program Name Youth Violence Prevention
Term: July 1, 2022 to June 30, 2023
EXPENDITURES
Enter budget categories and projected expenditures:
Category
Expenditures
Funded By
Santa Ana
REVIVE Funds
Expenditures
Funded By
Other Sources
Program
Budget
Total
Organization
Budget
Administrative Staff Salaries
$19,140
$19,140
Program Staff Salaries
$72,128
$72,128
Contractual Services
$0
$0
Other-
$14,000
$14,000
$5,000
$5,000
$9,127
$9,127
$0
$0
$0
$0
$0
$0
$0
$0
TOTAL
1 $119,395
$0
$119,395
$0
PROGRAM RESOURCES
LIST ALL OTHER PROGRAM RESOURCES FOR 2022-2023
Funding Source Total must equal Program Budget Total listed above.
FUNDING SOURCE AMOUNT
Santa Ana REVIVE $ 119,395
TOTAL $ 119,395
Exhibit B
2022-2023 REVIVE BUDGET LINE ITEMS
ADMINISTRATIVE STAFF
Position Title
Annual Salary & Benefits
REVIVE Funds
Description
Strategic and operational
responsibility for staff,
programs, expansion, and
execution of Padres Unidos'
Executive Director
$ 85,000.00
$ 5,059.28
mission
development and supervision
of programmatic activities by
designing community -level
programs, supervision of staff,
and overseeing the scope of
practice restrictions
Program Manager
$ 65,000.00
$ 11,605.28
provides training, as well as
clinical and personnel
Clinical Supervisor
$ 36,400.00
$ 2,475.79
supervision to staff
PROGRAM STAFF
Position Title
Annual Salary & Benefits
REVIVE Funds
Description
coordinate and run program at
Site Coordinator
$
13,204.22
$
13,204.22
site manage
Parent Educators
$
9,820.64
$
9,820.64
Provide parenting ed.
Provide Youth & Parent
Activity Lead
$
19,641.28
$
19,641.28
Conjoint ed.
Provide sibling educational
Sibling Educator
$
19,641.28
$
19,641.28
module
child care
Structured Play/Child Care
$
4,910.32
$
4,910.32
provide site support to
Site Support
$
4,910.32
1 $
4,910.32
1coordinator
CONTRACTUAL/PROFESSIONAL SERVICES
Type of Service Contract Amount REVIVE Funds Description
Exhibit B
OTHER LINE ITEMS
Line Item
Program Amount
REVIVE Funds
Description
Early Ed. Class Material and
services distrubuted and used
to provide for program
participants and direct program
services (i.e. copies, handouts,
activity kits, tech/software,
paper, hospitality (snack/food),
Program Materials
$ 14,000.00
$ 14,000.00
program graduations,
participant holiday events and
volunteer /parent recognitions
Events
$ 5,000.00
$ 5,000.00
Le accounting, facilities, data,
Indirect Costs @ 10% of Sa
$ 9,126.84
$ 9,126.84
utilities
Attachment 1(b)
EXHIBIT C
FEDERAL AWARD IDENTIFICATION INFORMATION
The General Program Requirements were designed to provide the framework where the
CONTRACTOR will provide ARPA programs identified in this attachment.
I. 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.
II. 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.
IV. FEDERAL AWARD IDENTIFICATION
FAIN INFORMATION
A.
CONTRACTOR Name:
Padres Unidos
B.
CONTRACTOR'S Unique
061959469
Identifier (D-U-N-S):
Federal Award
C.
Identification Number
SLFRP 1059
(FAIN):
D.
Federal Award Date:
5/19/2021
E.
Subaward Period of
7/l/2022-6/30/2023
Performance:
Total Amount of Federal
F.
Funds Obligated by the
$119,395
Action:
Total Amount of Federal
G.
Funds Obligated to the
$119,395
CONTRACTOR:
H.
Total Amount of the
$64,180,406.50
Federal Award:
Federal Award Project
American Rescue Plan Act (ARPA)
L
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:
kridge(d),santa-ana.org
M.
CFDA Number:
21.027
CFDA Name:
Coronavirus State and Local Fiscal Recovery Funds
N.
Whether Award is R&D:
No
O
Indirect Cost Rate for the
de minimus or federally negotiated rate
Federal Award:
EXHIBIT D
DEBARMENT
Certification Regarding
Debarment, Suspension, Ineligibility and Voluntary Exclusion
Lower Tier Covered Transactions
This certification is required by the regulations implementing Executive Order 12549, Debarment and
Suspension, 29 CFR Part 98, Section 98.510, Participants' responsibilities, The regulations were
published as Part VII of the May 26,1988 Federal 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.
Name and Title of Authorized Representative
3/a, (aozZ
Signature Date
INSTRUCTIONS FOR CERTIFICATION
1. By signing and submitting this proposal, the prospective recipient of federal assistance funds
is providing the certification as set out below.
2. The certification in this clause is a material representation of fact upon which reliance was
placed when this transaction was entered into. If it is later determined that the prospective
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 debannent.
3. 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 Debannent, Suspension,
Ineligibility and voluntary exclusion - Lower Tier Covered Transactions," without
modification, in all lower tier covered transactions and in all solicitations for lower tier
covered transactions.
7. A participant in a covered transaction may rely upon a 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.
2
9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in
a covered transaction knowingly enters into a lower tier covered transaction with a person
who is suspended, debarred, ineligible, or voluntarily excluded from participation in this
transaction, in addition to other remedies available to the Federal Government, the DOL may
pursue available remedies, including suspension and/or debarment.
EXHIBIT E
LOBBYING
Certification Regarding Lobbying
Certification for Contracts Grants Loans and Cooperative Agreements
The undersigned certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee of
any agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with the awarding of any Federal contract, the making of any
cooperative agreement, and the extension, continuation, renewal, amendment, or modification of
any Federal contact, grant, loan or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person
for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall
complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance
with its instructions.
(3) The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontract, subgrants, and contracts under
grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose
accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making
or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who
fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and
not more than $100,000 for each such failure.
e
Grantee/Contactor Organization
e-� 0 Y)
Program Title
3/2 I /,) 0a-,: �-
Name of Certifying Officer Signature Date
11
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.
5
EXHIBIT F
DRUG -FREE WORKPLACE
Certification Regarding Drug -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;
G
(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).
B. The contractor shall insert in the space provided on the attached "Place of Performance"
form the site(s) for the performance of work to be carried out with the grant funds
(including street address, city, county, state, and zip code) .the contractor further certifies
that, if it is subsequently determined that additional sites will be used for the performance
of work under the contract, it shall notify the U.S. Department of Housing and Urban
Development immediately upon the decision to use such additional sites by submitting a
revised "Place of Performance" form.
?066in � I�a� Ab-S
Organi do
A thorized Signature Date
7
PLACE OF PERFORMANCE
FOR CERTIFICATION REGARDING DRUG -FREE
WORKPLACE REQUIREMENTS
Name: Aur_04 - gae, _ C�st C t, W.V.0 Ivy c L-- j r-
Date: 3/Z,'
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):
�uS� 5C1rootS
li_Pd[ � QVAcJ.VnkA aVe-
SC'ao4' CAga-Io\
���Yes V•w� u�as - CoY po�r�--I� o-��'c�
1�--�SZ ��vd•��. �ovct CA a��-l3
�R
AGREEMENT BETWEEN THE CITY OF SANTA ANA AND
THE CAMBODIAN FAMILY FOR USE OF
AMERICAN RESCUE PLAN ACT (ARPA) FUNDS
This Agreement is hereby made and entered into this 3rd day of May, 2022, by and
between the City of Santa Ana, a charter city and municipal corporation organized and existing
under the Constitution and laws of the State of California ("CITY"), and The Cambodian Family,
a California domestic nonprofit corporation ("SUBRECIPIENT" or "CONTRACTOR").
RECITALS:
A. The American Rescue Plan Act ("ARPA") was signed into law in March 2021. ARPA
provides funding for a number of different programs, including the Coronavirus State and
Local Fiscal Recovery Fund ("SLFRF"), to provide monetary support to local governments
to respond to, mitigate, and recover from the COVID-19 public health emergency.
B. On July 20, 2021, the Santa Ana City Council authorized the City Manager to utilize ARPA
SLFRF funding from the United States Department of Treasury for the Revive Santa Ana
Spending Plan, which includes five spending categories: recovery from the pandemic, direct
assistance programs, public health and safety, critical infrastructure, and city fiscal health.
C. SUBRECIPIENT has been selected by the CITY to receive ARPA SLFRF Funds in order to
provide youth programs, including: early childhood support; head start; day care; after school
tutoring; athletic; and, youth violence prevention, in accordance with the Scope of Work
attached hereto as Exhibit A and incorporated herein by reference ("said program").
SUBRECIPIENT represents that it is qualified and willing to operate said program and
certifies that the administration of said program carried out with funds provided under this
Agreement will meet ARPA's objectives to respond to, mitigate, and recover from this
historic COVID-19 public health crisis.
D. SUBRECIPIENT agrees that it will adhere to the tasks and services as indicated in Exhibit A
for said program. Failure to follow the requirements and meet the stated expectations may
constitute breach of contract that could result in termination of this Agreement or serve as
reason for the CITY to recapture the grant funds awarded to SUBRECIPIENT pursuant to
this Agreement.
WHEREFORE, it is agreed by and between the parties that the foregoing Recitals are a
substantive part of this Agreement and the following terms and conditions are approved and together
with all exhibits and attachments hereto, shall constitute the entire Agreement between the CITY and
SUBRECIPIENT:
I. ARPA PROGRAM PROVISIONS
A. Scope of Work. SUBRECIPIENT shall be responsible for the specific tasks and
services of said program, and agrees to administer said program in compliance with the tasks and
services as described in the Scope of Work attached hereto as Exhibit A. SUBRECIPIENT's failure
to perform as required may, in addition to other remedies set forth in this Agreement, result in
readjustment of the amount of funds for said program or termination of this Agreement.
B. Term of Agreement. The term of said Agreement shall commence on July 1 st, 2022,
and continue through June 30, 2023 ("Term"), unless terminated earlier pursuant to the terms of
this Agreement. This Agreement shall also cover any and all services provided by the
SUBRECIPIENT to the CITY since the date the ARPA SURF Funds were awarded to the CITY.
Additionally, the Term of this Agreement may be extended by a writing executed by the City
Manager, or designee, and the City Attorney.
C. Amount of Grant Funding. The total amount of funds provided for said program
shall not exceed One Hundred Twenty -Five Thousand Dollars and Zero Cents ($125,000) ("ARPA
SURF Funds") during the Term of the Agreement. SUBRECIPIENT agrees to use said ARPA
SURF Funds to administer said program as outlined in Exhibit A.
D. Disbursement of Funds. Said ARPA SURF Funds shall be disbursed by CITY to
SUBRECIPIENT pursuant to the terms found in the Fee Payment Schedule attached hereto as
Exhibit B, with payments subject to the submittal of invoices and other reporting requirements,
as hereinafter more fully set forth. SUBRECIPIENT shall be obligated to perform such duties as
would normally extend beyond the term, including, but not limited to, obligations with respect to
indemnification, audits, reporting, data retention/reporting, and accounting. Failure to provide any
of the required documentation and reporting will cause CITY to withhold all or a portion of a
request for ARPA SURF Funds, or return the entire request to SUBRECIPIENT, until such
documentation and reporting has been received and approved by CITY.
(1) Reduction in ARPA 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 SUBRECIPIENT's rate of
expenditure will result in unspent funds at the end of the program term. Amendments in the grant
allocation will be made after consultation with SUBRECIPIENT.
(3) Reversion of Assets. SUBRECIPIENT agrees that any and all funds received
under this Agreement shall be utilized during the Term of this Agreement, and that any and all funds
remaining as of the end of the Term, which have not been utilized, shall be returned by
SUBRECIPIENT to the CITY within thirty (30) days of the expiration or earlier termination of the
Agreement. No expense of SUBRECIPIENT will be reimbursed by CITY if incurred after the end
of the Term of the Agreement.
2
E. Grant Program Requirements.
(1) SUBRECIPIENT acknowledges that the source of funding for said program is the
federal ARPA, and that payments from the ARPA SURF Funds are only to be used to make
necessary expenditures incurred due to the public health emergency with respect to COVID-19.
(2) SUBRECIPIENT acknowledges that ARPA provisions allow the use of ARPA
SURF Funds to respond to, mitigate, and recover from the COVID-19 public health emergency, and
will not use these funds for any other uses.
(3) SUBRECIPIENT shall follow the process and determination of eligibility for
participants in said program as outlined in Exhibit A.
F. Performance Monitoring.
(1) SUBRECIPIENT shall submit program performance information as often as
requested by CITY, but no less than the submission of monthly reports and a final report to CITY
with the information requested by and in the format acceptable to CITY. Each monthly report is due
within thirty (30) days of completion of work for each month. The final report is due within thirty
(30) days after the termination or expiration of this Agreement.
(2) CITY will evaluate SUBRECIPIENT's management and operation of said
program with respect to the project expectations as described in Exhibit A.
(3) CITY will review the audit of the SUBRECIPIENT to ensure that grant funds are
used for authorized purposes in compliance with laws, regulations, and the provisions of contracts or
grant agreements under this Agreement, including attachments and exhibits.
(4) If action to correct any substandard performance is not taken by the
SUBRECIPIENT within a reasonable period after being notified by CITY, suspension or termination
procedures may be initiated by CITY.
(5) All performance shall be subject to review by the CITY or other regulatory
agencies at all times. SUBRECIPIENT shall provide adequate cooperation to any inspector or other
CITY representative to permit the same to determine SUBRECIPIENT's conformity with the terms
of this Agreement. If any services performed by SUBRECIPIENT are not in conformance with the
terms of this Agreement, the CITY shall have the right to require SUBRECIPIENT to perform the
services in conformance with the terms of the Agreement at no additional cost. The CITY may also
terminate this Agreement for default and charge SUBRECIPIENT for any costs incurred by the CITY
because of SUBRECIPIENT's failure to perform.
(6) SUBRECIPIENT shall establish adequate procedures for self -monitoring and
quality control and assurance to ensure proper performance under this Agreement; and shall permit a
CITY representative or other regulatory official to monitor, assess, or evaluate SUBRECIPIENT's
performance under this Agreement at any time, upon reasonable notice to SUBRECIPIENT.
G. Audit.
(1) SUBRECIPIENT shall maintain complete and accurate records and supporting
documentation to facilitate financial and/or program audits by CITY. This requirement shall apply
to any records and documentation CITY shall reasonably require or as required to be maintained
pursuant to the ARPA regulations.
(2) The books and accounts, files, and other records of SUBRECIPIENT, which are
applicable to this Agreement, shall be available for inspection, review, and audit during normal
business hours by CITY to determine the proper application and use of all ARPA SLFRF Funds
provided to or for the account or benefit of SUBRECIPIENT.
(3) SUBRECIPIENT assumes responsibility for reimbursement to CITY a sum of
money equivalent to the amount of any expenditures disallowed should the CITY, or an authorized
agency, rule through audit, exception, or some other appropriate means, that expenditures from funds
allocated to SUBRECIPIENT for direct and/or administrative costs were not made in compliance
with the applicable cost principles, regulations, or the provisions of this Agreement.
(4) SUBRECIPIENT agrees to comply with the requirements of OMB Uniform
Guidance 2 CFR Part 200. SUBRECIPIENT further agrees to provide CITY with a copy of
completed independent auditors' report within thirty (30) days of CITY's request for such report. If
the report contains instances of non-compliance with federal laws and regulations that bear directly
on the performance or administration of this Agreement, SUBRECIPIENT shall provide CITY copies
of responses to auditors' reports, a plan for corrective action, and auditors' response that the
noncompliance has been resolved. All reports prepared in accord with the requirements of OMB
Uniform Guidance 2 CFR Part 200 shall be available for inspection by representatives of CITY or the
federal government during normal business hours.
(5) All accounting records, reports, and evidence pertaining to all costs, expenses
and the ARPA SLFRF Funds of SUBRECIPIENT and all documents related to this Agreement
shall be maintained and kept available at SUBRECIPIENT'S office or place of business for the
duration of the Agreement and thereafter for five (5) years from the date of final payment under
this Agreement. Records which relate to: (a) complaints, claims, administrative proceedings or
litigation arising out of the performance of this Agreement; or, (b) costs and expenses of this
Agreement to which CITY or any other governmental agency takes exception, shall be retained
beyond the five (5) years until complete resolution or disposition of such appeals, litigation claims,
or exceptions. In the event SUBRECIPIENT does not make the above -referenced documents
available within the City of Santa Ana, California, SUBRECIPIENT agrees to pay all necessary and
reasonable expenses incurred by CITY in conducting any audit at the location where said records and
books of account are maintained.
H. 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
M
the CITY or to third parties. SUBRECIPIENT agrees not to release or circulate in whole or part
such materials, reports, or products without prior written authorization of the CITY.
I. Close -Out. SUBRECIPIENT agrees to comply with the closeout procedures
detailed in 2 CFR §200.343, including the following:
(1) SUBRECIPIENT must submit, no later than ninety (90) calendar days after the
end date of the period of performance, all financial, performance, and other reports as required by
the terms and conditions of this Agreement;
(2) SUBRECIPIENT must promptly refund any balances of unobligated cash that
the CITY paid in advance or paid and that is not authorized to be retained by SUBRECIPIENT for
use in other projects (See OMB Circular A-129 and 2 CFR §200.345); and,
(3) CITY should complete all closeout actions for the Federal award no later than
one year after receipt and acceptance of all required final reports.
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; (ii) it has
carefully considered how the services should be performed; and, (iii) it fully understands the
facilities, difficulties and restrictions attending performance of the services under this Agreement.
(4) No Conflict. To the best of SUBRECIPIENT'S knowledge,
SUBRECIPIENT'S execution, delivery and performance of its obligations under this Agreement
will not constitute a default or a breach under any contract, agreement or order to which
SUBRECIPIENT is a party or by which it is bound.
(5) No Bankruptcy. SUBRECIPIENT is not the subject of any current or
threatened bankruptcy proceeding.
5
(6) No Pending Legal Proceedings. SUBRECIPIENT is not the subject of a
current or threatened litigation that would or may materially affect SUBRECIPIENT'S
performance under this Agreement.
(7) Proposal Veracity. All provisions of and information provided in
SUBRECIPIENT's proposal submitted to CITY, including any exhibits, are true and correct in all
material respects.
(8) No Pending Investigation. SUBRECIPIENT has no knowledge that it is the
subject of any current or threatened criminal or civil action investigation by any public agency,
including without limitation a police agency or prosecuting authority, which would relate to or
affect performance of the Agreement or provision of services hereunder.
B. Licensing. SUBRECIPIENT agrees to obtain and maintain all required licenses,
registrations, accreditation and inspections from all agencies governing its operations.
SUBRECIPIENT shall ensure that its staff shall also obtain and maintain all required licenses,
registrations, accreditation and inspections from all agencies governing SUBRECIPIENT's
operations hereunder. Such licensing requirements include obtaining a City business license, as
applicable.
C. Zoning. SUBRECIPIENT agrees that any facility/property used in furtherance of said
program shall be specifically zoned and permitted for such use(s) and activities. Should
SUBRECIPIENT fail to have the required land entitlement and/or permits, thus violating any local,
state or federal rules and regulations relating thereto, SUBRECIPIENT shall immediately make good -
faith efforts to gain compliance with local, state or federal rules and regulations following written
notification of said violation(s) from the CITY or other authorized citing agency. SUBRECIPIENT
shall notify CITY immediately of any pending violations. Failure to notify CITY of pending
violations, or to remedy such known violation(s) shall result in termination of grant funding
hereunder. SUBRECIPIENT must make all corrections required to bring the facility/property into
compliance with the law within sixty (60) days of notification of the violation(s); failure to gain
compliance within such time shall result in termination of grant funding hereunder.
D. Separation of Accounts. All funds received by SUBRECIPIENT from CITY pursuant
to this Agreement shall be maintained in an account in a federally insured banking or savings and
loan institution with record keeping of such accounts maintained pursuant to applicable 2 CFR
200.302 requirements. SUBRECIPIENT is not required to maintain separate depository accounts for
ARPA SLFRF Funds; provided however, the SUBRECIPIENT must be able to account for receipt,
obligation, distribution and expenditure of ARPA SLFRF Funds pursuant to applicable 2 CFR
200.302 requirements.
E. Audit Report Requirements. SUBRECIPIENT agrees that if SUBRECIPIENT
expends Seven Hundred Fifty Thousand Dollars ($750,000) or more in federal funds,
SUBRECIPIENT shall have an annual audit conducted by a certified public accountant in accordance
with the standards as set forth and published by the United States Office of Management and Budget.
SUBRECIPIENT shall provide CITY with a copy of said audit by April 1 of the year following the
program year in which this Agreement is executed.
2
F. Compliance with Law/Program Income. SUBRECIPIENT acknowledges that the
funds being provided by CITY for said program are received by CITY pursuant to ARPA, and that
distribution and expenditure of these ARPA SURF Funds shall be in accordance with ARPA and all
pertinent regulations issued by agencies of the federal government, including, but not limited to, all
regulations found at Title 24 of the Code of Federal Regulations. Any program income received by
SUBRECIPIENT shall be returned to CITY, unless otherwise provided for in this Agreement.
SUBRECIPIENT agrees to comply fully with all federal, state and local laws and court orders
applicable to its operation and administration of said program, whether or not referred to in this
Agreement.
G. Debarment. To protect the public interest and ensure the integrity of Federal
programs, CITY may only conduct business with responsible persons and may not make any award
or permit any award to any party which is debarred or suspended or is otherwise excluded from or
ineligible for participation in Federal assistance programs under Executive Order 12549,
"Debarment and Suspension". See also 24 CFR 570.609. SUBRECIPIENT must review and sign
Exhibit D "Debarment", which is attached hereto and incorporated herein by this reference.
SUBRECIPIENT shall be in good standing, without suspension by the California Secretary of State,
Franchise Tax Board or Internal Revenue Service. Any change in the corporate status or suspension
of SUBRECIPIENT shall be reported immediately to CITY.
H. Confidentiality. Without prejudice to any other provisions of this Agreement,
SUBRECIPIENT shall, where applicable, maintain the confidential nature of information provided
to it concerning participants in accordance with the requirements of federal and state law. However,
SUBRECIPIENT shall submit to CITY or its representatives, all records requested, including audit,
examinations, monitoring and verifications of reports submitted by SUBRECIPIENT, costs incurred
and services rendered hereunder.
I. Independent Contractor. SUBRECIPIENT agrees that the performance of obligations
hereunder is rendered in its capacity as an independent contractor and that it is in no way an agent of
CITY.
J. Violation of Terms and Conditions. SUBRECIPIENT agrees that if SUBRECIPIENT
violates any of the terms and conditions of this Agreement or any prior Agreement whereby ARPA
SURF Funds were received by SUBRECIPIENT, or if SUBRECIPIENT reports inaccurately, or if
on audit there is a disallowance of certain expenditures, SUBRECIPIENT agrees to remedy the acts
or omissions causing the disallowance and repay CITY all amounts spent in violation thereof. If
SUBRECIPIENT engaged in fraudulent activity to obtain and/or justify distribution or expenditure
of the ARPA SURF Funds granted hereunder, SU 3RECIPIENT shall be required to reimburse the
CITY of all such funds that were obtained, distributed and/or spent under fraudulent circumstances.
K. Fraud. SUBRECIPIENT shall immediately report all suspected or known instances
and facts concerning possible fraud, abuse or criminal activity related to said program for the ARPA
SURF Funds under this Agreement.
7
L. Prohibited Use. SUBRECIPIENT hereby certifies and agrees that it will not use
ARPA SLFRF Funds provided through this Agreement to pay for entertainment, meals or gifts, or
other prohibited uses.
M. Lobbying. SUBRECIPIENT certifies that it will comply with federal law (31 U.S.C.
1352) and regulations found at 24 CFR Part 87, which provide that no appropriated funds may be
expended by the recipient of a federal contract, grant, loan or cooperative agreement to pay any person
for influencing or attempting to influence an officer or employee of any agency, Member of Congress,
or an officer or employee of a Member of Congress in connection with awarding of any federal
contract, the making of any federal grant or loan, entering into any cooperative agreement and the
extension, renewal, amendment or modification of any federal contract, grant, loan or cooperative
agreement. SUBRECIPIENT shall sign a certification to that effect in a form as set forth in Exhibit
E, attached hereto and by this reference incorporated herein. SUBRECIPIENT shall submit said
signed certification to CITY prior to performing any of its obligations under this Agreement and prior
to any obligation arising on the part of CITY to pay any sums to SUBRECIPIENT under the terms
and conditions of this Agreement.
If any funds other than Federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any agency, a Member
of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall
complete and submit a "Disclosure Form to Report Lobbying," in accordance with its instructions
(Exhibit E).
N. Financial Interest. SUBRECIPIENT agrees that except for the use of administrative
fees to pay salaries and other related administrative or personnel costs, no persons who exercise or
have exercised any function with respect to administering said program under the 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 SURF Funds shall provide equal
employment opportunities for minorities and women.
Q. Women and Minority -Owned Businesses (W/MBE). SUBRECIPIENT will use its
best efforts to afford small businesses, minority business enterprises, and women's business
enterprises the maximum practicable opportunity to participate in the performance of this
Agreement in accordance with the requirements of 2 CFR 200.321 "Contracting with small and
minority businesses, women's business enterprises, and labor surplus area firms". As used in this
Agreement, the term "small business" means a business that meets the criteria set forth in section
3(a) of the Small Business Act, as amended (15 U.S.C. 632), and "minority and women's business
enterprise" means a business at least fifty-one percent (51 %) owned and controlled by minority
group members or women. For the purpose of this definition, "minority group members" are
African -Americans, Spanish-speaking, Spanish surnamed or Spanish -heritage Americans, Asian -
Americans, and American Indians. SUBRECIPIENT may rely on written representations by
businesses regarding their status as minority and female business enterprises in lieu of an
independent investigation.
R. Drug Free Workplace. SUBRECIPIENT agrees to provide a drug -free workplace and
to execute a certification as set forth in Exhibit F attached hereto and incorporated herein by this
reference.
S. Uniform Administrative Requirements, Cost Principles, and Audit Requirements
for Federal Awards. The following requirements and standards must be complied with: 2 CFR
Part 200 et al. SUBRECIPIENT shall procure all materials, property, or services in accordance
with the requirements of 2 CFR 200.318-326.
III. CITY'S OBLIGATIONS
A. Audit of Account. CITY shall include an audit of the account maintained by
SUBRECIPIENT in CITY's audit of all ARPA SURF 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
0
performed its obligations as stated in this contract in a satisfactory manner, or if the CITY
determines that insufficient supporting information has been submitted, the CITY shall notify the
SUBRECIPIENT in writing of its determination specifying in full detail the objections that it has
to the SUBRECIPIENT's performance. If action to correct such substandard performance is not
taken by the SUBRECIPIENT after being notified by the CITY, within a reasonable period of time
as stipulated in the written notification, contract suspension or termination procedures will be
initiated.
IV. GENERAL PROVISIONS
A. Non -Discrimination.
1. SUBRECIPIENT agrees to comply with Executive Order 11246, which requires
that during the performance of this Agreement, SUBRECIPIENT agrees not to discriminate against
any employee or applicant for employment because of race, religion, sex, color or national origin.
Such action shall include, but not be limited to the following: employment, upgrading, demotion, or
transfer, rates of pay or other forms of compensation, and selection for training, including
apprenticeship. SUBRECIPIENT agrees to post in conspicuous places, available to employees and
applicants for employment, notices to be provided by the SUBRECIPIENT setting forth the
provisions of this nondiscrimination clause.
2. SUBRECIPIENT agrees to comply with Title VI of the Civil Rights Act of 1964,
which indicates that no person shall, on the ground of race, color or national origin, be excluded from
participation in, be denied the benefits of, or be subject to discrimination under any program of activity
receiving federal financial assistance.
3. No person shall, on the grounds of race, sex, creed, color, religion, marital status,
national origin, age, sexual orientation, or physical or mental handicap be excluded from participation
in, be refused the benefits of, or otherwise be subject to discrimination in any activities, programs or
employment supported by this Agreement. SUBRECIPIENT is prohibited from discrimination on
the basis of age or with respect to an otherwise qualified handicapped person as provided for under
Section 109 of the Housing and Community Development Act of 1974, as amended.
4. SUBRECIPIENT agrees to comply with the Age Discrimination Act of 1975,
which requires that during the performance of this Agreement, SUBRECIPIENT agrees not to
discriminate against any employee or applicant for employment because of age. Such action shall
include, but not be limited to the following: employment upgrading, demotion, or transfer, rates of
pay or other forms of compensation, and selection for training, including apprenticeship.
SUBRECIPIENT agrees to post in conspicuous places, available to employees and applicants for
employment, notices to be provided by the SUBRECIPIENT setting forth the provisions of this age
discrimination clause.
5. SUBRECIPIENT agrees to comply with Section 504 of the Rehabilitation Act of
1973, which requires that no otherwise qualified individual with a disability in the United States, shall,
solely by reason of his or her disability, be excluded from the participation in, be denied the benefits
of, or be subjected to discrimination under any program or activity receiving federal financial
10
assistance or under any program or activity conducted by any executive agency or by the United
States Postal Service.
B. Conflict of Interest. Pursuant to the conflict of interest requirements set forth in 24
CFR 570.611 and 2 CFR 200.112, SUBRECIPIENT certifies that no member, officer, employee,
agent or assignee of CITY having direct or indirect control of any ARPA SLFRF Funds granted to
the CITY, inclusive of the subject ARPA SLFRF Funds, shall serve as an officer of SUBRECIPIENT.
Further, any conflict or potential conflict of interest of any officer of SUBRECIPIENT shall be fully
disclosed in writing prior to the execution of this Agreement and said writing shall be attached and
deemed fully incorporated as a part hereof. Notice shall be sent by SUBRECIPIENT to CITY
regarding any changes or modifications to its board of directors and list of officers.
C. Special Certification for Religious Entities. If SUBRECIPIENT is a religious entity,
SUBRECIPIENT hereby agrees that in connection with the provision of the services
SUBRECIPIENT shall provide with ARPA SLFRF Funds, in accordance with 24 CFR 570.2000):
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
11
section, the term "immediate family" means spouse, child, mother, father, brother, sister, brother-in-
law, sister-in-law, father-in-law, mother-in-law, son-in-law, daughter-in-law, aunt, uncle, niece,
nephew, stepparent and stepchild. The term "administrative capacity" means having selection, hiring,
supervisor or management responsibilities.
E. Notices. Notices to the parties shall, unless otherwise requested in writing, be sent by
U.S. Mail, postage prepaid, and addressed as follows:
TO CITY: City of Santa Ana
Lisa Rudloff
Executive Director
Parks, Recreation and Community Services Agency
20 Civic Center Plaza
P.O. Box 1988
Santa Ana, California 92702-1988
TO SUBRECIPIENT:
The Cambodian Family
Attn: Vattana Peong, Executive Director
1626 East Fourth Street
Santa Ana, CA 92701
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 and the results of that work by the Contractor, its agents,
representatives, employees, or subcontractors.
12
a. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad
as:
Commercial General Liability (CGL): Insurance Services Office Form CG 00
O1 covering CGL on an "occurrence" basis, including products and completed
operations, property damage, bodily injury and personal & advertising injury
with limits no less than $2,000,000 per occurrence. If a general aggregate limit
applies, either the general aggregate limit shall apply separately to this
project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be
twice the required occurrence limit.
2. Automobile Liability: Insurance Services Office Form Number CA 0001
covering, Code 1 (any auto), or if Contractor has no owned autos, Code 8 (hired)
and 9 (non -owned), with limit no less than $1,000,000 (if program services
includes transportation of youth, the limit shall be no less than $5,000,000) per
accident for bodily injury and property damage. (Not required if an automobile
is not required to fulfill services.)
3. Workers' Compensation: insurance as required by the State of California, with
Statutory Limits, and Employer's Liability Insurance with limit of no less than
$1,000,000 per accident for bodily injury or disease.
4. Sexual Abuse or Molestation (SAM) Liability: If the CGL policy referenced
above is not endorsed to include affirmative coverage for sexual abuse or
molestation, Contractor shall obtain and maintain a policy covering Sexual
Abuse and Molestation with a limit no less than $1,000,000 per occurrence or
claim.
5. If the Contractor maintains broader coverage and/or higher limits than the
minimums shown above, the City requires and shall be entitled to the broader
coverage and/or the higher limits maintained by the Contractor. Any available
insurance proceeds in excess of the specified minimum limits of insurance and
coverage shall be available to the City.
b. Other Insurance Provisions — The insurance policies are to contain, or be endorsed to
contain, the following provisions:
Additional Insured Status: The City, its officers, officials, employees, and
volunteers are to be covered as additional insureds on the CGL policy with
respect to liability arising out of work or operations performed by or on behalf
of the Contractor including materials, parts, or equipment furnished in
connection with such work or operations. General liability coverage can be
provided in the form of an endorsement to the Contractor's insurance (at least
as broad as ISO Form CG 20 10 11 85 or if not available, through the addition
of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if a
later edition is used).
2. Primary Coverage: For any claims related to this contract, the Contractor's
insurance coverage shall be primary coverage at least as broad as ISO CG 20
0104 13 as respects the City, its officers, officials, employees, and volunteers.
Any insurance or self-insurance maintained by the City, its officers, officials,
13
employees, or volunteers shall be excess of the Contractor's insurance and shall
not contribute with it.
3. Notice of Cancellation: Each insurance policy required above shall state that
coverage shall not be canceled, except with notice to the City.
4. Waiver of Subrogation: Contractor hereby grants to City a waiver of any right
to subrogation which any insurer of said Contractor may acquire against the
City by virtue of the payment of any loss under such insurance. Contractor
agrees to obtain any endorsement that may be necessary to affect this waiver of
subrogation, but this provision applies regardless of whether or not the City has
received a waiver of subrogation endorsement from the insurer.
5. Self -Insured Retentions: Self -insured retentions must be declared to and
approved by the City. The City may require the Contractor to purchase coverage
with a lower retention or provide proof of ability to pay losses and related
investigations, claim administration, and defense expenses within the retention.
The policy language shall provide, or be endorsed to provide, that the self -
insured retention may be satisfied by either the named insured or City.
6. Acceptability of Insurers: Insurance is to be placed with insurers authorized to
conduct business in the state with a current A.M. Best's rating of no less than
A:VII, unless otherwise acceptable to the City.
7. Claims Made Policies: If any of the required policies provide coverage on a
claims -made basis:
1. The Retroactive Date must be shown and must be before the date of the
contract or the beginning of contract work.
2. Insurance must be maintained and evidence of insurance must be
provided for at least five (5) years after completion of the contract of
work.
3. If coverage is canceled or non -renewed, and not replaced with another
claims -made policy form with a Retroactive Date prior to the contract
effective date, the Contractor must purchase "extended reporting"
coverage for a minimum of five (5) years after completion of contract
work.
8. Verification of Coverage: Contractor shall furnish the City with original
Certificates of Insurance including all required amendatory endorsements (or
copies of the applicable policy language effecting coverage required by this
clause) and a copy of the Declarations and Endorsement Page of the CGL policy
listing all policy endorsements to City before work begins. However, failure to
obtain the required documents prior to the work beginning shall not waive the
Contractor's obligation to provide them. City reserves the right to require
complete, certified copies of all required insurance policies, including
endorsements required by these specifications, at any time.
14
9. Special Risks or Circumstances: City reserves the right to modify these
requirements, including limits, based on the nature of the risk, prior experience,
insurer, coverage, or other special circumstances.
I. Termination.
1. This Agreement may be terminated on thirty (30) days' written notice by either
party. In the event of such termination, SUBRECIPIENT shall only be entitled to reimbursement for
approved expenses incurred to the effective date of termination.
2. This Agreement may be suspended or terminated by CITY upon five (5) days'
written notice for violation by SUBRECIPIENT of Federal Laws governing the use of ARPA SURF
Funds. 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.
15
J. Limitation of Funds. The United States of America may in the future place
programmatic or fiscal limitations on the use of ARPA SLFRF Funds, which limitations are not
presently anticipated. Accordingly, CITY reserves the right to revise this Agreement in order to take
account of actions affecting ARPA program funding. In the event of funding reduction, CITY may,
in its sole and absolute discretion, reduce the budget of this Agreement, may limit the rate of
SUBRECIPIENT's authority to utilize funds, or may restrict SUBRECIPIENT's use of uncommitted
funds. Where CITY has been directed to implement a reduction in funding, with respect to funding
for this Agreement, CITY's City Manager or delegate is authorized to act for CITY in implementing
and effecting such a reduction and in revising, modifying, or amending the Agreement for such
purposes. If such a reduction in funding occurs, SUBRECIPIENT shall be permitted to de -scope
accordingly. Where CITY has reasonable grounds to question SUBRECIPIENT's fiscal
accountability or compliance with this Agreement, CITY may suspend the operation of this
Agreement for up to sixty (60) days upon five (5) days written notice to SUBRECIPIENT of its
intention to so act, pending an audit or other resolution of such questions. In no event, however, shall
any revisions made by CITY affect expenditures and legally binding commitments made by
SUBRECIPIENT before it received notice of such revision, provided that such amounts have been
committed in good faith and are otherwise allowable and that such commitments are consistent with
ARPA SLFRF Funds withdrawal guidelines.
K. Exclusivity and Amendment of Agreement. This Agreement supersedes any and all
other agreements, either oral or in writing, between the parties hereto with respect to the use of CITY's
ARPA SLFRF Funds by SUBRECIPIENT and contains all the covenants and agreements between
the parties with respect to SUBRECIPIIENT's administration of said program. Each party to this
Agreement acknowledges that no representations, inducements, promises or agreements, orally or
otherwise, have been made by any party, or anyone acting on behalf of any party, which are not
embodied herein, and that no other agreement or amendment hereto shall be effective unless executed
in writing and signed by both CITY and SUBRECIPIENT.
L. Laws Governingthis his 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.
16
O. Federal Award Identification Information. SUBRECIPIENT's pertinent Federal
Award Identification Information, including DUNS Number and Federal Award Identification
Number (FAIN), as well as the applicable information for ARPA, are included in Exhibit C
attached hereto and incorporated herein by this reference.
P. Miscellaneous Provisions.
1. Each undersigned represents and warrants that its signature herein below has the
power, authority and right to bind their respective parties to each of the terms of this Agreement, and
shall indemnify CITY fully, including reasonable costs and attorney's fees, for any injuries or
damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is
withdrawn.
2. All Exhibits and Attachments referenced herein and attached hereto shall be
incorporated as if fully set forth in the body of this Agreement.
3. This Agreement must be signed below and may be signed in counterpart and
delivered by fax, email as a PDF (Portable Document Format) file attachment, or by other means that
displays the original or a copy of the signatures. Any subsequent amendments may be signed and
delivered in the same manner.
{Signatures on following page}
17
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year
first written above.
ATTEST:
DAISY GOMEZ
Clerk of the Council
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
VIE —
A
Deputy City Attorney
RECOMMENDED FOR APPROVAL:
LISA RUDLOFF
Executive Director
Parks, Recreation and Community Services Agency
CITY OF SANTA ANA
KRISTINE RIDGE
City Manager
SUBRECIPIENT:
A6 -
Vattana Peong
Executive Director
DUNS #: 148385024
In
EXHIBIT A
SCOPE OF WORK
19
Exhibit A
SCOPE OF WORK
The Cambodian Family — Plan Ahead Youth Program (July 1st, 2022 — June 301'', 2023)
Detailed description of youth program/services to be provided
Plan Ahead Youth Program (PAYP) will provide academic tutoring and extra -curricular
educational services to a total of 90 low-income and underserved youth and parents in Santa Ana
per year, including 60 youth (1 st — 12th grades) through activities that are organized around our
four well integrated institutes aligned with local school district educational trends, and 30 parents
of our youth with parenting skills, economic empowerment workshops, and resources to better
support and become more active in their children's education. Due to the on -going pandemic,
PAYP activities will take place virtually after school, Tuesday through Friday, from 3:30-6:00
PM and/or in -person (when it is safe to do so) at The Cambodian Family Community Center, and
on Wednesdays, from 1:00-3:30 PM at the Minnie Street Family Resource Center (MSFRC), our
community partner and a "One Stop Shop" that provides services and support systems that build
on family strengths. Prosocial and enrichment activities are sometimes held on Saturdays from
9:00 AM — 3:00 PM. Youth attend our program year-round, an average of 6-8 hours per week.
Staff and volunteers are bilingual in Khmer (Cambodian), Vietnamese, or Spanish. Youth can
also participate in our Summer Enrichment Program which generally takes place from June to
August. All activities will be led by a partnership of program staff and volunteers. Youth will
participate in activities that are organized around four institutes: Academic, Leadership, Career,
and Health. Parents will participate in workshops and activities that help them develop better
skills to provide for, nurture, and communicate with their children and be involved with their
children's education.
Within the Academic Institute, we will help youth develop a strong foundation in
Science, Technology, Engineering, Mathematics (STEM) subjects, build on their reading and
writing skills, support them in improving overall academic performance, graduate high school,
help plan their paths toward college, and persist toward becoming lifelong learners. To achieve
this, youth counselors will provide after -school tutoring by integrating a variety of positive social
emotional learning (SEL) and brain -boosting techniques that simultaneously enhance their
individual learning relationships with youth and support youth's engagement with their academic
learning experiences. PAYP will give students access to our virtual services and our community
center (when appropriate) that provides students a safe space to learn and do schoolwork. The
center is equipped with personal protective equipment, computers, high-speed internet, printing,
Wi-Fi, an interactive SMART board, school and art supplies, WiFi Hotspots, Chromebooks and
tablets for individual check-out, and a small library to support their learning. Our organization
has secured 20 devices with pre-installed/pre-paid internet for students to borrow during our
regular program hours. Staff will continue to work closely with volunteers to provide tutoring for
daily homework assignments and projects. We will provide workshops that enable our youth to
study more effectively and become more independent in their ability to learn, solve problems,
and acquire skills. We will continue to partner with local university students to help students
prepare for SAT classes, understand the college application process, learn the differences
between public/private/trade schools, and learn ways to pay for school. Staff will also provide
counseling sessions to help students achieve their goals.
Within the Leadership Institute, we will help youth develop leadership and social
skills, improve self-esteem, and character strengths, and nurture their passion for community
engagement. We will provide Life Skills classes that address "The 7 Habits of Highly Effective
20
Exhibit A
People", 6 Pillars of Character, communication skills, using technology responsibly, digital
literacy, peer pressure, bullying, conflict resolution, generational differences, and cultural
diversity. We have classes that foster students' interests in the areas of athletics, music, and arts
and crafts. Students will also be required to volunteer and lead service projects for the
community which will give them a sense of self -empowerment.
Within the Career Institute, we will help youth make informed decisions about their
futures by considering their college and career options. We will offer career readiness services
by hosting career guest speakers, financial literacy education classes, career research projects,
mock interviews, and resume writing workshops that will help them explore, understand, and
apply academic and career skills to become more independent problem solvers and proactive
planners. We will team up with college students to take youth on field trips to local colleges and
universities to tour and motivate them about the benefits of higher education and its gateway to a
wider range of career options.
Within the Health Institute, youth will develop a healthy living lifestyle. Youth will
have the opportunity to engage in at least 30 minutes of daily exercise during recreation time.
During life skills classes, we will engage youth in interactive activities that teach them about
good nutrition and how to cook healthy food. To promote exercise, students will have access to
sports classes on -site. We will also have quarterly trips to go hiking, camping, or other
recreational activities. In addition, we will host health workshops on the benefits of nutritious
food, oral health, germ -spread prevention, and living an active lifestyle.
To increase the likelihood of the youth's success, we strongly believe that parents must be
involved in their children's education. To achieve this objective, we will hold monthly parent
meetings to teach parents about the school system, benefits of higher education, best practices to
support their children's education, developmental milestones, preventive health, strengthening
family functioning, technology use, and how to maintain stronger pathways to economic and
financial stability. We will refer them to ESL classes, job opportunities, nutrition classes, and
community resources. We will provide opportunities for them to become actively involved in
PAYP activities and encourage them to participate in school functions. Because we understand
that communicating and working with parents is vital to their children's success, our staff are
highly accessible to parents. We can run our monthly parent meetings in multiple languages to
cater to the different needs of our clients. We evaluate and improve the structure, curriculum, and
activities in our program each year to ensure we are providing the best services to the families
we serve.
Target Population:
The populations to be served through PAYP are underserved and low-income youth (1 st
— 12th grades) and parents in Santa Ana, with a focus on underserved youth and parents from
Cambodian, Vietnamese, and Latinx communities. The residents within our service areas are
mainly Latino and Cambodian families who came to this country with little or no formal
education, speaking no English, and possessing few marketable job skills. As uprooted peoples,
they remain socially -isolated and economically -challenged, as they struggle to adjust and provide
for their families. Our services offer guidance and support to many of Santa Ana's families
seeking help with navigating the educational, health, and legal systems. For Cambodians in
particular, there are few service providers who speak their language (Khmer) and understand
their history and culture. We provide critical in -language resources to many monolingual
community members as well as connect them with other community support services.
21
Exhibit A
DATA COLLECTING, REPORTING AND COMPLIANCE
State and Local Fiscal Recovery Funds, Compliance and Reporting
TCF will comply with the State and Local Fiscal Recovery Funds, Compliance and
Reporting responsibilities for our PAYP by ensuring that the following process and outcome
measures are collected to meet our performance requirements.
Goal #1 Youth Strategy: We help youth develop their visions for the future and attain the
skills to turn their visions into reality.
Objective 1: Enroll 60 youth per year, ages 6-18, in our comprehensive after -school youth
program, including its Academic, Career, Leadership and Health Institutes.
Objective 2: 48 youth (80%) will achieve successful measurable outcomes in our youth
activities. Students are successful if they meet 2 or more of our outcomes and measurements
such as increasing or maintaining a 3.0 or higher GPA or improving report grades reports from
quarter to quarter, increasing scores on workshop post-tests or increasing attendance in career
and health activities.
Goal #2 Parent Strategy: We help parents improve their parenting skills, family
functioning and increase their involvement in their children's education.
Objective 1: Enroll 30 parents per year in our Parent Strategy activities.
Objective 2: 24 parents (80%) will achieve measurable outcomes in our Parent Strategy
activities. Parents are successful if they attend 1 or more parent workshops per quarter, increase
scores on workshop post-tests, attend monthly parent meetings or volunteer 3 times per quarter.
Staff maintain files for all program participants, and this includes demographic
information, income verification, attendance and participation records, report cards, award
certificates, and behavior notes. Success in our youth program is measured quarterly, or every 3
months. Within the Academic Institute staff measure the improvement of school report grades
from quarter to quarter by establishing a baseline GPA or other SAUSD specified benchmark
from their most recent report cards and track for any improvements on a quarterly basis.
Pre/posttest surveys are also collected on a quarterly basis to track for improvement in successful
habits for lifelong learning. Success in the Leadership Institute is measured by youth completing
3 or more hours of community service or by demonstrating improved test scores on pre/posttest
surveys on 1 or more leadership workshops Success in the Career Institute is measured by youth
attending 1 or more career guest speaker presentation, college tours, or educational workforce
development/financial education workshops. Lastly, success in the Health Institute is measured
by youth maintaining a "B" or higher in their Physical Education grade, participating in fitness
activities I or more hour per week, or demonstrating improved test scores on pre/posttest surveys
on 1 more health workshops per quarter. We judge youth as overall successful when they are
successful in 2 or more of the 4 institutes per quarter. Parents are considered successful if they
participate in at least 2 parent meetings/training per quarter (we host monthly parent meetings) or
donate at least 3 hours of their time back to the youth program per quarter. To measure progress
in workshops and lessons for all institutes, we distribute pre/post-tests and/or immediate post-test
surveys to measure if they are "passing" or if there is an increase of their knowledge on the
lesson. Other methods we use are self -evaluations and surveys to assess progress on aspects
harder to quantify such as whether students and parents feel more hopeful of their futures. We
use our existing Microsoft Access database program and/or Survey Monkey to record and
evaluate all program data.
22
EXHIBIT B
FEE PAYMENT SCHEDULE
23
Exhibit B
FISCAL YEAR 2022-2023
PROPOSED PROGRAM BUDGET
Organization Name The Cambodian Family
Program Name Plan Ahead Youth Program (PAYP)
Term: July 1, 2022 to June 30, 2023
EXPENDITURES
Enter budget categories and projected expenditures:
Category
Expenditures
Funded By
Santa Ana
REVIVE Funds
Expenditures
Funded By
Other Sources
Program
Budget
Total
Organization
Budget
Administrative Staff Salaries
$6,500
$6,500
$ 197,300
Program Staff Salaries
$102,115
$102,115
$ 1,183,900
Contractual Services
$0
$0
$ 221,200
Program Supplies
$1,500
$1,500
$ 20,000
Office Supplies
$1,200
$1,200
$ 14,500
Printing/Duplicating
$500
$500
$ 6,200
Mileage
$621
$621
$ 7,000
Telephone/Internet/WiFi
$1,200
$1,200
$ 29,200
Indirect Cost @ 10%
$11,364
$11,364
$ 167,930
$0
$0
TOTAL
1 $125,000
$0
$125,0001
$1,847,230
PROGRAM RESOURCES
LIST ALL OTHER PROGRAM RESOURCES FOR 2022-2023
Funding Source Total must equal Program Budget Total listed above.
FUNDING SOURCE AMOUNT
Santa Ana REVIVE $ 125,000
TOTAL $ 125,000
24
Exhibit B
2022-2023 REVIVE BUDGET LINE ITEMS
ADMINISTRATIVE STAFF
Position Title
Annual Salary & Benefits
REVIVE Funds
Description
Finance & Adminstrative
Associate (10% FTE)
$6,500
$6,500
Prepare & submit payroll/invoices for
PAYP; Track PAYP expenses; Prepare PAYP
financial reports; Purchase program/office
supplies for PAYP-funded programs
PROGRAM STAFF
Position Title
Annual Salary & Benefits
REVIVE Funds
Description
Youth Program Director
$9,100
$9,100
Train/supervise staff; prepare
(10% FTE)
reports/invoices; chair meetings,
develop/revise evaluation tools
Youth Program Coordinator
$19,500
$19,500
Tutor youth; plan/coordinate
(30% FTE)
activities/volunteers; host workshops;
collect & analyze data
Bilingual Youth Counselor
$38,025
$38,025
Tutor/mentor/supervise youth in after-
(75% FTE)
school activities; collect data; organize
workshops/summer vouth oroeram
Bilingual Youth Counselor
$35,490
$35,490
Tutor/mentor/supervise youth in after-
(70% FTE)
school activities; collect data; organize
worksho s summer youth r)roizram
CONTRACTUAL/PROFESSIONAL SERVICES
Type of Service Contract Amount REVIVE Funds Description
25
Exhibit B
OTHER LINE ITEMS
Line Item
Program Amount
REVIVE Funds
Description
Program Supplies
$1,500
$1,500
Supplies for program staff to conduct
program outreach/recruitment and
services. Supplies include materials for
classes, outreach banners, resource
manuals, flyers, textbooks, etc.
Office Supplies
$1,200
$1,200
Office supplies for the general operation
of PAYP program. Supplies include papers,
binders, pens, notebook, bus passes, inks,
toner, calendar, etc.
Printing/Duplicating
$500
$500
The fund will pay a pro -rated share of our
rental copy and scan machines that we
use to print and duplicate our program
materials and other documents. In
addition, this will cover printing and
duplicating expenses of program flyers,
brochures, referral/linkage forms, and
books that are done at the printing house.
Mileage
$621
$621
These funds support the mileage of the
program staff when they provide direct
services for PAYP, including
outreach/recruitment, tutoring, and when
they attend program -related activities &
Telephone/Internet/WiFi
$1,200
$1,200
This fund helps cover office telephone,
work cell phone, internet, and WiFi
expenses for the PAYP staff.
Indirect Cost @ 10%
$11,364
$11,364
These funds will help cover administrative
personnel expenses such as Executive
Director, the costs for rent/program
space, audit, payroll and accounting
services, alarm services, janitorial
maintenance/supplies, facility expenses,
insurance, and other
operational/administrative costs.
Attachment 1(b)
26
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.
II. 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.
27
IV. FEDERAL AWARD IDENTIFICATION
FAIN INFORMATION
A.
CONTRACTOR Name:
The Cambodian Family
B.
CONTRACTOR'S Unique
148385024
Identifier (D-U-N-S):
Federal Award
C.
Identification Number
SLFRP 1059
(FAIN):
D.
Federal Award Date:
5/19/2021
E.
Subaward Period of
7/l/2022-6/30/2023
Performance:
Total Amount of Federal
F.
Funds Obligated by the
$125,000
Action:
Total Amount of Federal
G.
Funds Obligated to the
$125,000
CONTRACTOR:
H.
Total Amount of the
$64,180,406.50
Federal Award:
Federal Award Project
American Rescue Plan Act (ARPA)
L
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:
kridge(d),santa-ana.org
M.
CFDA Number:
21.027
CFDA Name:
Coronavirus State and Local Fiscal Recovery Funds
N.
Whether Award is R&D:
No
O
Indirect Cost Rate for the
de minimus or federally negotiated rate
Federal Award:
W.
EXHIBIT D
DEBARMENT
Certification Regarding
Debarment, Suspension, Ineligibility and Voluntary Exclusion
Lower Tier Covered Transactions
This certification is required by the regulations implementing Executive Order 12549, Debarment and
Suspension, 29 CFR Part 98, Section 98.510, Participants' responsibilities. The regulations were
published as Part VII of the May 26,1988 Federal 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.
Vattana Peong, Executive Director
Name and Title of Authorized Representative
29
INSTRUCTIONS FOR CERTIFICATION
1. By signing and submitting this proposal, the prospective recipient of federal assistance funds
is providing the certification as set out below.
2. The certification in this clause is a material representation of fact upon which reliance was
placed when this transaction was entered into. If it is later determined that the prospective
recipient of federal assistance funds knowingly rendered an erroneous certification, in
addition to other remedies available to the Federal Government, the Department of Labor
(DOL) may pursue available remedies, including suspension and/or debarment.
3. The prospective recipient of federal assistance funds shall provide immediate 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.
7. 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.
30
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.
31
EXHIBIT E
LOBBYING
Certification Regarding Lobbying
Certification for Contracts, Grants, Loans, and Cooperative Agreements
The undersigned certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee of
any agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with the awarding of any Federal contract, the making of any
cooperative agreement, and the extension, continuation, renewal, amendment, or modification of
any Federal contact, grant, loan or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person
for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall
complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance
with its instructions.
(3) The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontract, subgrants, and contracts under
grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose
accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making
or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who
fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and
not more than $100,000 for each such failure.
The Cambodian Family Plan Ahead Youth Program
Grantee/Contactor Organization�� Program Title
Vattana Peong
Name of Certifying Officer
03/16/2022
Date
32
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.
33
EXHIBIT F
DRUG -FREE WORKPLACE
Certification Regarding Drug -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 -
(l) 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;
34
(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).
B. The contractor shall insert in the space provided on the attached "Place of Performance"
form the site(s) for the performance of work to be carried out with the grant funds
(including street address, city, county, state, and zip code) .the contractor further certifies
that, if it is subsequently determined that additional sites will be used for the performance
of work under the contract, it shall notify the U.S. Department of Housing and Urban
Development immediately upon the decision to use such additional sites by submitting a
revised "Place of Performance" form.
The Cambodian Family
Organization
Authorized Signature
03/16/2022
Date
35
PLACE OF PERFORMANCE
FOR CERTIFICATION REGARDING DRUG -FREE
WORKPLACE REQUIREMENTS
Name: The Cambodian Family
Date: 03/16/2022
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):
The Cambodian Family, 1626 E. 4th Street, Santa Ana, CA 92701
36
AGREEMENT BETWEEN THE CITY OF SANTA ANA AND
THINK TOGETHER FOR USE OF
AMERICAN RESCUE PLAN ACT (ARPA) FUNDS
This Agreement is hereby made and entered into this 3rd day of May, 2022, by and
between the City of Santa Ana, a charter city and municipal corporation organized and existing
under the Constitution and laws of the State of California ("CITY"), and THINK
Together, a California domestic nonprofit corporation ("SUBRECIPIENT" or
"CONTRACTOR").
RECITALS:
A. The American Rescue Plan Act ("ARPA'') was signed into law in March 2021. ARPA
provides funding for a number of different programs, including the Coronavirus State and
Local Fiscal Recovery Fund (SLFRF"). to provide monetary support to local governments
to respond to, mitigate, and recover from the COVID-19 public health emergency.
B. On July 20, 2021, the Santa Ana City Council authorized the City Manager to utilize ARPA
SLFRF funding from the United States Department of Treasury for the Revive Santa Ana
Spending Plan, which includes five spending categories: recovery from the pandemic, direct
assistance programs, public health and safety, critical infrastructure, and city fiscal health.
C. SUBRECIPIENT has been selected by the CITY to receive ARPA SLFRF Funds in order to
provide youth programs, including: early childhood support; head start; day care; after school
tutoring; athletic; and, youth violence prevention, in accordance with the Scope of Work
attached hereto as Exhibit A and incorporated herein by reference ("said program").
SUBRECIPIENT represents that it is qualified and willing to operate said program and
certifies that the administration of said program carried out with finds provided under this
Agreement will meet ARPA's objectives to respond to, mitigate, and recover from this
historic COVID-19 public health crisis.
D. SUBRECIPIENT agrees that it will adhere to the tasks and services as indicated in Exhibit A
for said program. Failure to follow the requirements and meet the stated expectations may
constitute breach of contract that could result in termination of this Agreement or serve as
reason for the CITY to recapture the grant funds awarded to SUBRECIPIENT pursuant to
this Agreement.
WHEREFORE, it is agreed by and between the parties that the foregoing Recitals are a
substantive part of this Agreement and the following terms and conditions are approved and together
with all exhibits and attachments hereto, shall constitute the entire Agreement between the CITY and
SUBRECIPIENT:
I. ARPA PROGRAM PROVISIONS
A. Scope of Work. SUBRECIPIENT shall be responsible for the specific tasks and
services of said program, and agrees to administer said program in compliance with the tasks and
services as described in the Scope of Work attached hereto as Exhibit A. SUBRECIPIENT's failure
to perform as required may, in addition to other remedies set forth in this Agreement, result in
readjustment of the amount of funds for said program or termination of this Agreement.
B. Term of Agreement. The term of said Agreement shall commence on July 1 st, 2022,
and continue through June 30, 2023 ("Term"), unless terminated earlier pursuant to the terms of
this Agreement. This Agreement shall also cover any and all services provided by the
SUBRECIPIENT to the CITY since the date the ARPA SURF Funds were awarded to the CITY.
Additionally, the Term of this Agreement may be extended by a writing executed by the City
Manager, or designee, and the City Attorney.
C. Amount of Grant Funding. The total amount of funds provided for said program
shall not exceed One Hundred Twenty -Five Thousand Dollars and Zero Cents ($125,000) ('`ARPA
SURF Funds") during the Term of the Agreement. SUBRECIPIENT agrees to use said ARPA
SURF Funds to administer said program as outlined in Exhibit A.
D. Disbursement of Funds. Said ARPA SURF Funds shall be disbursed by CITY to
SUBRECIPIENT pursuant to the terms found in the Fee Payment Schedule attached hereto as
Exhibit B, with payments subject to the submittal of invoices and other reporting requirements,
as hereinafter more fully set forth. SUBRECIPIENT shall be obligated to perform such duties as
would normally extend beyond the term, including, but not limited to, obligations with respect to
indemnification, audits, reporting, data retention/reporting, and accounting. Failure to provide any
of the required documentation and reporting will cause CITY to withhold all or a portion of a
request for ARPA SURF Funds, or return the entire request to SUBRECIPIENT, until such
documentation and reporting has been received and approved b) 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 SUBRECIPIENT's rate of
expenditure will result in unspent funds at the end of the program term. Amendments in the grant
allocation will be made after consultation with SUBRECIPIENT.
(3) Reversion of Assets. SUBRECIPIENT agrees that an) 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.
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 Nlonitorine.
(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 law s, 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 perfonn.
(6) SUBRECIPIENT shall establish adequate procedures for self -monitoring and
quality control and assurance to ensure proper performance under this Agreement; and shall permit a
CITY representative or other regulatory official to monitor, assess, or evaluate SUBRECIPIENT's
performance under this Agreement at any time. upon reasonable notice to SUBRECIPIENT.
G. Audit.
(1) SUBRECIPIENT shall maintain complete and accurate records and supporting
documentation to facilitate financial and or program audits by CITY. This requirement shall apply
to any records and documentation CITY shall reasonably require or as required to be maintained
pursuant to the ARPA regulations.
(2) The books and accounts, files, and other records of SUBRECIPIENT, which are
applicable to this Agreement, shall be available for inspection, review, and audit during normal
business hours by CITY to determine the proper application and use of all ARPA SLFRF Funds
provided to or for the account or benefit of SUBRECIPIENT.
(3) SUBRECIPIENT assumes responsibility for reimbursement to CITY a sum of
money equivalent to the amount of any expenditures disallowed should the CITY, or an authorized
agency, rule through audit, exception, or some other appropriate means, that expenditures from funds
allocated to SUBRECIPIENT for direct and, or administrative costs were not made in compliance
with the applicable cost principles, regulations, or the provisions of this Agreement.
(4) SUBRECIPIENT agrees to comply with the requirements of OMB Uniform
Guidance 2 CFR Part 200. SUBRECIPIENT further agrees to provide CITY with a copy of
completed independent auditors' report within thirty (30) days of CITY's request for such report. If
the report contains instances of non-compliance with federal laws and regulations that bear directly
on the performance or administration of this Agreement, SUBRECIPIENT shall provide CITY copies
of responses to auditors' reports, a plan for corrective action, and auditors' response that the
noncompliance has been resolved. All reports prepared in accord with the requirements of OMB
Uniform Guidance 2 CFR Part 200 shall be available for inspection by representatives of CITY or the
federal government during normal business hours.
(5) All accounting records, reports, and evidence pertaining to all costs, expenses
and the ARPA SLFRF Funds of SUBRECIPIENT and all documents related to this Agreement
shall be maintained and kept available at SUBRECIPIENT'S office or place of business for the
duration of the Agreement and thereafter for five (5) years from the date of final payment under
this Agreement. Records which relate to: (a) complaints, claims, administrative proceedings or
litigation arising out of the performance of this Agreement; or. (b) costs and expenses of this
Agreement to which CITY or any other governmental agency takes exception, shall be retained
beyond the five (5) years until complete resolution or disposition of such appeals, litigation claims.
or exceptions. In the event SUBRECIPIENT does not make the above -referenced documents
available within the City of Santa Ana, California, SUBRECIPIENT agrees to pay all necessary and
reasonable expenses incurred b) 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 b) SUBRECIPIENT for which
SUBRECIPIENT has been compensated pursuant to this Agreement shall be the sole property of
the CITY. The material, reports, or products may be used by the CITY for any purpose that the
CITY deems to be appropriate, including, but not limit to, duplication and/or distribution within
the CITY or to third parties. SUBRECIPIENT agrees not to release or circulate in whole or part
such materials, reports, or products without prior written authorization of the CITY.
I. Close -Out. SUBRECIPIENT agrees to comply with the closeout procedures
detailed in 2 CFR §200.343, including the following:
(1) SUBRECIPIENT must submit, no later than ninety (90) calendar days after the
end date of the period of performance, all financial, performance, and other reports as required by
the terms and conditions of this Agreement;
(2) SUBRECIPIENT must promptly refund any balances of unobligated cash that
the CITY paid in advance or paid and that is not authorized to be retained by SUBRECIPIENT for
use in other projects (See OMB Circular A-129 and 2 CFR §200.345); and,
(3) CITY should complete all closeout actions for the Federal award no later than
one year after receipt and acceptance of all required final reports.
H. SUBRECIPIENT'S OBLIGATIONS
A. Representations and Warranties.
(1) Authority. SUBRECIPIENT is a duly organized and existing domestic
nonprofit corporation in good standing and authorized to do business under the laws of the State
of California. SUBRECIPIENT has full right, power and lawful authority to accept the funding
hereunder and to undertake all obligations as provided herein and the execution, performance and
delivery of this Agreement by SUBRECIPIENT has been filly 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 thoroughl}- investigated and considered the administrator
services to be performed and provided for said program as detailed in Exhibit A; (ii) it has
carefully considered how the services should be performed; and, (iii) it fully understands the
facilities, difficulties and restrictions attending performance of the services under this Agreement.
(4) No Conflict. To the best of SUBRECIPIENT'S knowledge,
SUBRECIPIENT'S execution, delivery and performance of its obligations under this Agreement
will not constitute a default or a breach under any contract, agreement or order to which
SUBRECIPIENT is a party or by which it is bound.
(5) No Bankruptcy. SUBRECIPIENT is not the subject of any current or
threatened bankruptcy proceeding.
(6) No Pending Legal Proceedings. SUBRECIPIENT is not the subject of a
current or threatened litigation that would or may materially affect SUBRECIPIENT'S
performance under this Agreement.
(7) Proposal Veracity. All provisions of and information provided in
SUBRECIPIENT's proposal submitted to CITY, including any exhibits, are true and correct in all
material respects.
(8) No Pending Investigation. SUBRECIPIENT has no knowledge that it is the
subject of any current or threatened criminal or civil action investigation by any public agency,
including without limitation a police agency or prosecuting authority, which would relate to or
affect performance of the Agreement or provision of services hereunder.
B. Licensing. SUBRECIPIENT agrees to obtain and maintain all required licenses,
registrations, accreditation and inspections from all agencies governing its operations.
SUBRECIPIENT shall ensure that its staff shall also obtain and maintain all required licenses,
registrations, accreditation and inspections from all agencies governing SUBRECIPIENT's
operations hereunder. Such licensing requirements include obtaining a City business license, as
applicable.
C. Zoning. SUBRECIPIENT agrees that any facilityproperty 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 pennits, 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 SUBRECIPIENT from CITY pursuant
to this Agreement shall be maintained in an account in a federally insured banking or savings and
loan institution with record keeping of such accounts maintained pursuant to applicable 2 CFR
200.302 requirements. SUBRECIPIENT is not required to maintain separate depository accounts for
ARPA SLFRF Funds. provided however, the SUBRECIPIENT must be able to account for receipt,
obligation, distribution and expenditure of ARPA SLFRF Funds pursuant to applicable 2 CFR
200.302 requirements.
E. Audit Report Requirements. SUBRECIPIENT agrees that if SUBRECIPIENT
expends Seven Hundred Fifty Thousand Dollars ($750,000) or more in federal funds,
SUBRECIPIENT shall have an annual audit conducted by a certified public accountant in accordance
with the standards as set forth and published by the United States Office of Management and Budget.
SUBRECIPIENT shall provide CITY with a copy of said audit by April 1 of the year following the
program year in which this Agreement is executed.
6
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 part), which is debarred or suspended or is otherwise excluded from or
ineligible for participation in Federal assistance programs under Executive Order 12549,
"Debarment and Suspension". See also 24 CFR 570.609. SUBRECIPIENT must review and sign
Exhibit D "Debarment", which is attached hereto and incorporated herein by this reference.
SUBRECIPIENT shall be in good standing, without suspension by the California Secretary of State,
Franchise Tax Board or Internal Revenue Service. Any change in the corporate status or suspension
of SUBRECIPIENT shall be reported immediately to CITY.
H. Confidentiality. Without prejudice to any other provisions of this Agreement,
SUBRECIPIENT shall, where applicable, maintain the confidential nature of information provided
to it concerning participants in accordance with the requirements of federal and state law. However,
SUBRECIPIENT shall submit to CITY or its representatives, all records requested, including audit,
examinations, monitoring and verifications of reports submitted by SUBRECIPIENT, costs incurred
and services rendered hereunder.
I. Independent Contractor. SUBRECIPIENT agrees that the performance of obligations
hereunder is rendered in its capacity as an independent contractor and that it is in no way an agent of
CITY.
J. Violation of Terms and Conditions. SUBRECIPIENT agrees that if SUBRECIPIENT
violates any of the terms and conditions of this Agreement or any prior Agreement whereby ARPA
SURF Funds were received by SUBRECIPIENT, or if SUBRECIPIENT reports inaccurately, or if
on audit there is a disallowance of certain expenditures, SUBRECIPIENT agrees to remedy the acts
or omissions causing the disallowance and repay CITY all amounts spent in violation thereof. If
SUBRECIPIENT engaged in fraudulent activity to obtain and/or justify distribution or expenditure
of the ARPA SURF Funds granted hereunder, SUBRECIPIENT shall be required to reimburse the
CITY of all such funds that were obtained, distributed and/or spent under fraudulent circumstances.
K. Fraud. SUBRECIPIENT shall immediately report all suspected or known instances
and facts concerning possible fraud. abuse or criminal activity related to said program for the ARPA
SURF Funds under this Agreement.
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 federal law (31 U.S.C.
1352) and regulations found at 24 CFR Part 87, which provide that no appropriated funds may be
expended by the recipient of a federal contract, grant, loan or cooperative agreement to pay any person
for influencing or attempting to influence an officer or employee of any agency, Member of Congress,
or an officer or employee of a Member of Congress in connection with awarding of any federal
contract, the making of any federal grant or loan, entering into any cooperative agreement and the
extension, renewal, amendment or modification of any federal contract, grant, loan or cooperative
agreement. SUBRECIPIENT shall sign a certification to that effect in a form as set forth in Exhibit
E, attached hereto and by this reference incorporated herein. SUBRECIPIENT shall submit said
signed certification to CITY prior to performing any of its obligations under this Agreement and prior
to any obligation arising on the part of CITY to pay any sums to SUBRECIPIENT under the terms
and conditions of this Agreement.
If any funds other than Federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any agency, a Member
of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall
complete and submit a "Disclosure Form to Report Lobbying," in accordance with its instructions
(Exhibit E).
N. Financial Interest. SUBRECIPIENT agrees that except for the use of administrative
fees to pay salaries and other related administrative or personnel costs, no persons who exercise or
have exercised any function with respect to administering said program under the 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 SURF Funds shall provide equal
employment opportunities for minorities and women.
Q. Women and Minority -Owned Businesses (W/NIBE). SUBRECIPIENT will use its
best efforts to afford small businesses, minority business enterprises, and women's business
enterprises the maximum practicable opportunity to participate in the performance of this
Agreement in accordance with the requirements of 2 CFR 200.321 "Contracting with small and
minority businesses, women's business enterprises, and labor surplus area firms". As used in this
Agreement, the term "small business" means a business that meets the criteria set forth in section
3(a) of the Small Business Act, as amended (15 U.S.C. 632), and "minority and women's business
enterprise" means a business at least fifty-one percent (51%) owned and controlled by minority
group members or women. For the purpose of this definition, "minority group members" are
African -Americans, Spanish-speaking, Spanish surnamed or Spanish -heritage Americans, Asian -
Americans, and American Indians. SUBRECIPIENT may rely on written representations by
businesses regarding their status as minority and female business enterprises in lieu of an
independent investigation.
R. Drug Free Workplace. SUBRECIPIENT agrees to provide a drug -free workplace and
to execute a certification as set forth in Exhibit F attached hereto and incorporated herein by this
reference.
S. Uniform Administrative Requirements Cost Principles and Audit Requirements
for Federal Awards. The following requirements and standards must be complied with: 2 CFR
Part 200 et al. SUBRECIPIENT shall procure all materials, property, or services in accordance
with the requirements of 2 CFR 200.318-326.
III. CITY'S OBLIGATIONS
A. Audit of Account. CITY shall include an audit of the account maintained by
SUBRECIPIENT in CITY's audit of all ARPA SURF 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
E
performed its obligations as stated in this contract in a satisfactory manner, or if the CITY
determines that insufficient supporting information has been submitted, the CITY shall notify the
SUBRECIPIENT in writing of its determination specifying in full detail the objections that it has
to the SUBRECIPIENT's performance. If action to correct such substandard performance is not
taken by the SUBRECIPIENT after being notified by the CITY, within a reasonable period of time
as stipulated in the written notification, contract suspension or termination procedures will be
initiated.
IV. GENERAL PROVISIONS
A. Non -Discrimination.
1. SUBRECIPIENT agrees to comply with Executive Order 11246, which requires
that during the performance of this Agreement, SUBRECIPIENT agrees not to discriminate against
any employee or applicant for employment because of race, religion, sex, color or national origin.
Such action shall include, but not be limited to the following: employment, upgrading, demotion, or
transfer, rates of pay or other forms of compensation, and selection for training, including
apprenticeship. SUBRECIPIENT agrees to post in conspicuous places, available to employees and
applicants for employment, notices to be provided by the SUBRECIPIENT setting forth the
provisions of this nondiscrimination clause.
2. SUBRECIPIENT agrees to comply with Title VI of the Civil Rights Act of 1964,
which indicates that no person shall, on the ground of race, color or national origin, be excluded from
participation in, be denied the benefits of, or be subject to discrimination under any program of activity
receiving federal financial assistance.
3. No person shall, on the grounds of race, sex, creed, color, religion, marital status,
national origin, age, sexual orientation, or physical or mental handicap be excluded from participation
in, be refused the benefits of, or otherwise be subject to discrimination in any activities, programs or
employment supported by this Agreement. SUBRECIPIENT is prohibited from discrimination on
the basis of age or with respect to an otherwise qualified handicapped person as provided for under
Section 109 of the Housing and Community Development Act of 1974, as amended.
4. SUBRECIPIENT agrees to comply with the Age Discrimination Act of 1975,
which requires that during the performance of this Agreement, SUBRECIPIENT agrees not to
discriminate against any employee or applicant for employment because of age. Such action shall
include, but not be limited to the following: employment upgrading, demotion, or transfer, rates of
pay or other forms of compensation, and selection for training, including apprenticeship.
SUBRECIPIENT agrees to post in conspicuous places, available to employees and applicants for
employment, notices to be provided by the SUBRECIPIENT setting forth the provisions of this age
discrimination clause.
5. SUBRECIPIENT agrees to comply with Section 504 of the Rehabilitation Act of
1973, which requires that no otherwise qualified individual with a disability in the United States, shall,
solely by reason of his or her disability, be excluded from the participation in. be denied the benefits
of, or be subjected to discrimination under any program or activity receiving federal financial
10
assistance or under any program or activity conducted by any executive agency or by the United
States Postal Service.
B. Conflict of Interest. Pursuant to the conflict of interest requirements set forth in 24
CFR 570.611 and 2 CFR 200.112, SUBRECIPIENT certifies that no member, officer, employee,
agent or assignee of CITY having direct or indirect control of any ARPA SLFRF Funds granted to
the CITY, inclusive of the subject ARPA SLFRF Funds, shall serve as an officer of SUBRECIPIENT.
Further, any conflict or potential conflict of interest of any officer of SUBRECIPIENT shall be fully
disclosed in writing prior to the execution of this Agreement and said writing shall be attached and
deemed fully incorporated as a part hereof. Notice shall be sent by SUBRECIPIENT to CITY
regarding any changes or modifications to its board of directors and list of officers.
C. Special Certification for Religious Entities. If SUBRECIPIENT is a religious entity,
SUBRECIPIENT hereby agrees that in connection with the provision of the services
SUBRECIPIENT shall provide with ARPA SLFRF Funds, in accordance with 24 CFR 570.2000):
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 1, 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
Lisa Rudloff
TO SUBRECIPIENT:
Executive Director
Parks, Recreation and Community Services Agency
20 Civic Center Plaza
P.O. Box 1988
Santa Ana, California 92702-1988
THINK Together
Attn: Randy Barth, CEO
2101 East Fourth Street
Suite 200B
Santa Ana, CA 92705-3835
F. Assignability. None of the dirties 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 Harniless. 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 and the results of that work by the Contractor, its agents,
representatives, employees, or subcontractors.
12
a. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall beat least as broad
as:
Commercial General Liability (CGL): Insurance Services Office Form CG 00
01 covering CGL on an "occurrence" basis, including products and completed
operations, property damage, bodily injury and personal & advertising injury
with limits no less than $2,000,000 per occurrence. If a general aggregate limit
applies, either the general aggregate limit shall apply separately to this
project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be
twice the required occurrence limit.
2. Automobile Liability: Insurance Services Office Form Number CA 0001
covering, Code 1 (any auto), or if Contractor has no owned autos, Code 8 (hired)
and 9 (non -owned), with limit no less than $1,000,000 (if program services
includes transportation of youth, the limit shall be no less than $5,000,000) per
accident for bodily injury and property damage. (Not required if an automobile
is not required to fulfill services.)
3. Workers' Compensation: insurance as required by the State of California, with
Statutory Limits, and Employer's Liability Insurance with limit of no less than
$1,000,000 per accident for bodily injury or disease.
4. Sexual Abuse or Molestation (SAM) Liability: If the CGL policy referenced
above is not endorsed to include affirmative coverage for sexual abuse or
molestation, Contractor shall obtain and maintain a policy covering Sexual
Abuse and Molestation with a limit no less than $1,000,000 per occurrence or
claim.
If the Contractor maintains broader coverage and/or higher limits than the
minimums shown above, the City requires and shall be entitled to the broader
coverage and/or the higher limits maintained by the Contractor. Any available
insurance proceeds in excess of the specified minimum limits of insurance and
coverage shall be available to the City.
b. Other Insurance Provisions — The insurance policies are to contain, or be endorsed to
contain, the following provisions:
Additional Insured Status: The City, its officers, officials, employees, and
volunteers are to be covered as additional insureds on the CGL policy with
respect to liability arising out of work or operations performed by or on behalf
of the Contractor including materials, parts, or equipment furnished in
connection with such work or operations. General liability coverage can be
provided in the form of an endorsement to the Contractor's insurance (at least
as broad as ISO Form CG 20 10 11 85 or if not available, through the addition
of both CG 20 10, CG 20 26. CG 20 33, or CG 20 38; and CG 20 37 forms if a
later edition is used).
Primary Coverage: For any claims related to this contract, the Contractor's
insurance coverage shall be primary coverage at least as broad as ISO CG 20
01 04 13 as respects the City, its officers, officials, employees, and volunteers.
13
Any insurance or self-insurance maintained by the City, its officers, officials,
employees, or volunteers shall be excess of the Contractor's insurance and shall
not contribute with it.
3. Notice of Cancellation: Each insurance policy required above shall state that
coverage shall not be canceled, except with notice to the City.
4. Waiver of Subrogation: Contractor hereby grants to City a waiver of any right
to subrogation which any insurer of said Contractor may acquire against the
City by virtue of the payment of any loss under such insurance. Contractor
agrees to obtain any endorsement that may be necessary to affect this waiver of
subrogation, but this provision applies regardless of whether or not the City has
received a waiver of subrogation endorsement from the insurer.
5. Self-Instrred 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:
l . 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.
Verification of' Coverage: Contractor shall furnish the City with original
Certificates of Insurance including all required amendatory endorsements (or
copies of the applicable policy language effecting coverage required by this
clause) and a copy of the Declarations and Endorsement Page of the CGL policy
listing all policy endorsements to City before work begins. However, failure to
obtain the required documents prior to the work beginning shall not waive the
Contractor's obligation to provide them. City reserves the right to require
complete, certified copies of all required insurance policies, including
endorsements required by these specifications, at any time.
14
9. Special Risks or Circumstances: City reserves the right to modify these
requirements, including limits, based on the nature of the risk, prior experience,
insurer, coverage, or other special circumstances.
Termination.
1. This Agreement may be terminated on thirty (30) days' written notice by either
party. In the event of such termination, SUBRECIPIENT shall only be entitled to reimbursement for
approved expenses incurred to the effective date of termination.
2. This Agreement may be suspended or terminated by CITY upon five (5) days'
written notice for violation by SUBRECIPIENT of Federal Laws governing the use of ARPA SURF
Funds. 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 tenination, 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(I )
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.
IS
J. Limitation of Funds. The United States of America may in the future place
programmatic or fiscal limitations on the use of ARPA SLFRF Funds, which limitations are not
presently anticipated. Accordingly. CITY reserves the right to revise this Agreement in order to take
account of actions affecting ARPA program funding. In the event of funding reduction, CITY may,
in its sole and absolute discretion, reduce the budget of this Agreement, may limit the rate of
SUBRECIPIENT's authority to utilize funds, or may restrict SUBRECIPIENT's use of uncommitted
funds. Where CITY has been directed to implement a reduction in funding, with respect to funding
for this Agreement, CITY's City Manager or delegate is authorized to act for CITY in implementing
and effecting such a reduction and in revising, modifying, or amending the Agreement for such
purposes. If such a reduction in funding occurs, SUBRECIPIENT shall be permitted to de -scope
accordingly. Where CITY has reasonable grounds to question SUBRECIPIENT's fiscal
accountability or compliance with this Agreement, CITY may suspend the operation of this
Agreement for up to sixty (60) days upon five (5) days written notice to SUBRECIPIENT of its
intention to so act, pending an audit or other resolution of such questions. In no event, however, shall
any revisions made by CITY affect expenditures and legally binding commitments made by
SUBRECIPIENT before it received notice of such revision, provided that such amounts have been
committed in good faith and are otherwise allowable and that such commitments are consistent with
ARPA SLFRF Funds withdrawal guidelines.
K. Exclusivity and Amendment of Agreement. This Agreement supersedes any and all
other agreements, either oral or in writing, between the parties hereto with respect to the use of CITY's
ARPA SLFRF Funds by SUBRECIPIENT and contains all the covenants and agreements between
the parties with respect to SUBRECIPIIENT's administration of said program. Each party to this
Agreement acknowledges that no representations, inducements, promises or agreements, orally or
otherwise, have been made by any party, or anyone acting on behalf of any party. which are not
embodied herein, and that no other agreement or amendment hereto shall be effective unless executed
in writing and signed by both CITY and SUBRECIPIENT.
L. Laws Governing this Agreement. This Agreement shall be governed by and construed
in accordance with the laws of the State of California, and all applicable federal laws and regulations.
M. Validity and Severability. The invalidity in whole or in part of any provision of this
Agreement shall not void or affect the validity of any other provision of this Agreement. Whenever
possible, each provision of this AGREEMENT shall be interpreted in such manner as to be
effective and valid under applicable law, but if any provision of this AGREEMENT is held to be
prohibited by or invalid under applicable law, such provision shall be ineffective only to the extent
of such prohibition or invalidity, without invalidating the remainder of such provisions of this
AGREEMENT.
N. Waiver. No delay or omission by either 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.
16
O. Federal Award Identification Information. SUBRECIPIENT's pertinent Federal
Award Identification Information, including DUNS Number and Federal Award Identification
Number (FAIN), as well as the applicable information for ARPA, are included in Exhibit C
attached hereto and incorporated herein by this reference.
P. Miscellaneous Provisions.
1. Each undersigned represents and warrants that its signature herein below has the
power, authority and right to bind their respective parties to each of the terms of this Agreement, and
shall indemnify CITY fully, including reasonable costs and attorneys 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.
i Signatures on, following page;
17
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year
first written above.
ATTEST:
DAISY GOMEZ
Clerk of the Council
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
y: BRANDON �SALV�ATIER�RA
Deputy City Attorney
RECOMMENDED FOR APPROVAL:
LISA RUDLOFF
Executive Director
Parks, Recreation and Community Services Agency
CITY OF SANTA ANA
KRISTINE RIDGE
City Manager
Chief Executive Officer
DUNS #: 074743845
18
EXHIBIT A
SCOPE OF WORK
19
Exhibit A
4. SCOPE OF WORK
1. Proposal shall include details of the youth program/service to be provided, the tasks to be
accomplished, duration of the program and the deliverables to be provided
The overarching objective of The Early Literacy and Math Program (ELP) in Orange County is to
provide children (ages 0 to 5) and their primary caregiver(s)/families a variety of enriching services
that promote early language and math literacy. and thereby foster kindergarten readiness. Early
literacy and kindergarten readiness have proven to be strong indicators of long-term academic
success. In particular, there are specific early language and math literacy skills that predict whether
or not a child will become a successful reader and writer.
At Vista Heritage Charter School and at MOMS of Orange County, Think Together will provide
early learning programs for children ages 0 to 5 years old and their parents will participate in parent
workshops. Each site will serve approximately 32 children and 32 parents each session for two
sessions, for a total of 64 children and 64 parents per site. These fall and spring sessions will be 15
weeks each. Children and their parents will each receive 5 hours of programming per week for a
total of 75 hours of programming per session. Across both sites, approximately 128 children and
128 parents will be served during the 2022-23 school year.
Think Together' s Early Literacy and Math Programs utilize the Early Development Instrument
(EDI) to support classroom instruction by intentionally and strategically utilizing the EDI data from
the lowest scoring domains to plan lessons and activities to further support the development of the
child. Implementing data from the EDI has enabled us to focus on the most challenging areas of
support and develop more strategic programming to target the needs of the community.
Children in our Center -Based programs will be assessed on Social Emotional Learning, Literacy
Skills and Math Skills through the GOLD Assessment. Over 457 students were assessed in our most
recent assessment utilizing a pre and post-test design, with the following results:
5.00 4.58
4.00 3.13 2.9
3.00 1 2.13 2.19
1.54
1.00 2.00 1.01 : riw� , A J � � A0.81.37 1.15
0.00 0.3 ■, . ■
Birth to Preschool Birth to Preschool Birth to Preschool Birth to Preschool Birth to Preschool
3yrs 3 3yrs 3 3yrs 3 3yrs 3 3yrs 3
Comprehends and Demonstrates Demonstrates Demonstrates Demonstrates
responds to books andemergent writing skills knowledge of print knowledge of the phonological
other texts and its uses alphabet awareness
■ Pre ■ Post
The above chart represents the average scores of the Literacy Domain pre and post GOLD
assessments given to all students, compiled into age groups of Birth to 3 year old, and Preschool (3-
year-olds). Growth is evident in each age range for each subdomain. Please be aware that the
GOLD assessment is scored using a 6-point rubric that varies in definition by subdomain and year
of age. Scores have been compiled and averaged to demonstrate growth pre to post. Also, 98% of
families recommend the program to other parents; 100% of families state that their child felt safe in
the program; and 97% families felt that the program met individual needs.
20
Exhibit A
Staff will utilize the Creative Curriculum which helps teachers interact with children in ways that
promote development and learning, foster children's social competence, support children's learning
through play, create rich environments for learning, and forge strong home -school connections.
The evidence -based Creative Curriculum is designed to focus on four key areas of early literacy
learning: comprehension, phonological awareness, alphabetic principle, and concepts about print.
The once -a -week parent workshop aspect of the program continues to be a key component, and this
was the third full year of implementation. The "The Incredible Years" curriculum is designed for
children ages 0-12, with a focus on educating parents that they are their child's primary teacher and
the ways in which they can build the social and emotional skills of their child(ren).
Another primary focus of the Parent Educators is the intentional reinforcement of the learning
occurring in the classrooms. Parent Educators meet with the Site Facilitator once a week to discuss
activities in both components, and collaboratiN ely work to align efforts so that one reinforces the
other. Supplementing the parenting component, a continued focus is put forth by the Site
Facilitators and AmeriCorps to continue to teach adult participants/guardians through modeling
during lessons/activities with the children. Our staff have access to initial and ongoing professional
development, Learning Links Community of Practice, CLASS Pathway Communities of Practice,
and Leadership Academy Series.
Staff training will begin in mid -August 2022 with support from the Orange County Department of
Education (OCDE). Program recruitment and enrollment will take place the first two weeks of
September. The program implementation beginning on September 21, 2022. and staff will
administer pre -assessments. Additional training from OCDE will be offered during the session. The
fall session will conclude on January 19. 2023, along with post -assessments. The spring session
recruitment and enrollment will begin on January 2) , and the program will begin on February 15`'
along with pre -assessments. The spring session will conclude on May 25, 2023.
Think Together hosts monthly professional development trainings to keep our staff informed and
engaged in their programs and their professional growth. Professional development will include
training on infant and toddlers from the Orange Count) Department of Education for training on
SEFEL, CLASS, ECERS, and Strengthening Families. We will continue surveying our parents and
ensure ongoing reflection and practice through identifying trends in our strengths and potential
challenges.
2. Proposal shall include details of the target population
According to the HUD Office of Policy Development and Research (PD&R), Vista Heritage Global
Academy is located directl) adjacent to the qualified census tract at the corner of Fairview and 5`"
Street at 2609 W 5th St, Santa Ana, CA 92703. The program will primarily serve residents within
the Qualified Census Tracts, and will prioritize residents in those neighborhoods. Vista Heritage
Global Academy (VHGA) is in Artesia Pilar, a Santa Ana neighborhood where needs are abundant
and easily identified. The student body at Vista Heritage is 98.9% Hispanic or Latinx and the entire
student body — a full 100% -- of VHGA students qualify for the Free and Reduced Price Meal
Program (the County average is under 50%), and nearly 3010 are classified as English Learners.
According to the HUD Office of PD&R, MOMS of OC is located within the qualified census tract
at the corner of Baker St. and Santa Ana Blvd. at 1128 W. Santa Ana Blvd., Santa Ana, CA 92703.
The program will primarily serve residents within the Qualified Census Tracts, and staff will
prioritize residents in those neighborhoods. The MOMS of OC facility is located adjacent to the
DoNntown Santa Ana Historic District, an area known more for government buildings and local
businesses than residential dwellings.
21
Exhibit A
3. Proposal shall include details of the unmet need
There is a significant unmet need for kindergarten readiness in Santa Ana. According to 2019 EDI
data, only 44.0% of students in Santa Ana USD are ready for kindergarten, lower than the Orange
County rate of 52.9%. The proposed neighborhoods skew lower, with only 40.6% of students in the
College/Flowers Ave. neighborhood ready for Kindergarten. Over 50% of children entering ls`
grade at Vista Charter are English Learners. Also, according to the Orange County Local Planning
Council, the City of Santa Ana is Priority 1 to serve children 0 to 5 years old. Our program helps
these students meet early learning domains by setting expectations and planned activities in
language and literacy. cognitive. social emotional. physical. and English language is the basis for
student success.
4. Proposal shall include details of collaborations with local organizations
Think Together leverages our strategic partnerships to offer a multitude of activities that ensures
quality Early Learning experiences. Our partners work cohesively with our programs to build staff
efficacy and create relevant, meaningful, and diverse experiences. Think Together has partnered
with First 5 Orange County since 2009. In 2011, First 5 OC made a 10-year investment to expand
Think Together's early learning programs throughout the county. We are currently working with
local partners to sustain early learning sites throughout Anaheim, Buena Park, Huntington Beach,
Saddleback Valley, Stanton and Santa Ana. With these programs sunsetting in June, support from
the City of Santa Ana Revive Grant will help sustain our programs in Santa Ana through 2023. We
have collaborated with Vista Heritage Global Academy and MOMS of Orange County since Fall
2019 and launched early learning programs in Fall 2021.
Think Together partners with the Santa Ana Chamber of Commerce, and our CEO, Randy Barth,
served as Chairman. Through our partnership with the OC Fair, we collected books at their We Care
Wednesday summer programs. Volunteers from Target. JCPenney, Starbucks and Microsoft helped
our team collect books at the Fair. The books collected are cleaned and given back out to the
community through our Book Doctor program. Several companies partner with us on the Book
Doctor program, with volunteers from Edwards Lifesciences, PIMCO and Pacific Life. Local
nonprofits such as the Red Cross and Tustin Assistance League also support the Book Doctor
Program. We created a partnership with Discover Books to store and recycle books. The Santa Ana
Early Literacy Initiative helps engage families in Santa Ana by giving them empowerment trainings
and leadership skills to help their families be successful. The Coalition to Assist Motel Families
helps underserved families by getting them the required resources. Charitable Ventures created call
logs to help the community fill out the Census. Help Me Grow provides trainings that pr//omote the
importance of early education. Healthy Smiles provides information on dental health & wellness.
5. Proposal shall include details of innovation in program/service delivery
Think Together's Early Literacy and Math Programs utilize the EDI to support classroom
instruction by intentionally and strategically utilizing the EDI data from the lowest scoring domains
to plan lessons and activities to further support the development of the child. Implementing data
from the EDI has enabled Think Together to focus on the most challenging areas of support and
develop more strategic programming to target the needs of the community. This school year Think
Together trained all site facilitators on the intent and use of the EDI data. We strategically used the
EDI to target communities at -risk and utilized the data to support the lesson plan efforts. Data was
used to intentionally place materials in the classroom and focus activities on the lowest scoring
domains. Staff also collaborated and supported our district partners on their EDI efforts.
22
EXHIBIT B
FEE PAYMENT SCHEDULE
23
Exhibit B
FISCAL YEAR 2022-2023
PROPOSED PROGRAM BUDGET
Organization Name Think Together
Program Name Early Childhood Program
Term: July 1, 2022 to June 30, 2023
EXPENDITURES
Enter budget cateeories and oroiected expenditures:
Category
Expenditures
Funded By
Santa Ana
REVIVE Funds
Expenditures
Funded By
Other Sources
Program
Budget
Total
Organization
Budget
Program Manager
$22,218
$22,218
Site Facilitator
$26,807
$26,807
Parent Educator
$26,807
$26,807
Assistant
$23,083
$23,083
Mileage
$1,000
$1,000
Cell phones
$1,300
$1,300
Office supplies
$1,500
$1,500
Production (Thinkmart)
$1,000
$1,000
Program Mate rials/Consumables
$5,726
$5,726
Lerning Genie
$300
$300
PPE
$2,000
$2,000
Curriculum
$4,000
$4,000
INDIRECT 1
$9,2601
1
$9,260
TOTAL 1
$125,000
$0
$125,000
$0
PROGRAM RESOURCES
LIST ALL OTHER PROGRAM RESOURCES FOR 2022-2023
Funding Source Total must equal Program Budget Total listed above.
FUNDING SOURCE AMOUNT
Santa Ana REVIVE $ 125,000
TOTAL $ 125,000
24
Exhibit B
2022-2023 REVIVE BUDGET LINE ITEMS
ADMINISTRATIVE STAFF
Position Title Annual Salary & Benefits REVIVE Funds Description
PROGRAM STAFF
Position Title
Annual Salary & Benefits
REVIVE Funds
Description
Program Manager
22218
22218
Site Facilitator
26806.5
26806.5
Parent Educator
26806.5
26806.5
Assistant
23083.38
23083.38
CONTRACTUAL/PROFESSIONAL SERVICES
Type of Service Contract Amount REVIVE Funds Description
OTHER LINE ITEMS
Line Item
Program Amount
REVIVE Funds
Description
Mileage
$ 1,000.00
$ 1,000.00
Cell phones
$ 1,300.00
$ 1,300.00
Office supplies
$ 1,500.00
$ 1,500.00
Production (Thinkmart)
$ 1,000.00
$ 1,000.00
Program Materials/Consu
$ 5,726.00
$ 5,726.00
Lerning Genie
$ 300.00
$ 300.00
PPE
$ 2,000.00
$ 2,000.00
Curriculum
$ 4,000.00 1
$ 4,000.00
Attachment 1(b)
EXHIBIT C
FEDERAL AWARD IDENTIFICATION INFORMATION
The General Program Requirements were designed to provide the framework where the
CONTRACTOR will provide ARPA programs identified in this attachment.
I. 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.
II. 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.
26
IV. FEDERAL AWARD IDENTIFICATION
FAIN INFORMATION
A.
CONTRACTOR Name:
THINK Together
B.
CONTRACTOR'S Unique
074743845
Identifier (D-U-N-S):
Federal Award
C.
Identification Number
SLFRP1059
(FAIN):
D.
Federal Award Date:
5/19/2021
E.
Subaward Period of
7/l/2022-613012023
Performance:
Total Amount of Federal
F.
Funds Obligated by the
$125,000
Action:
Total Amount of Federal
G.
Funds Obligated to the
$125,000
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
A-vNarding Official:
Phone Number:
(714) 647-5200
E-mail Address:
krid,7e u,santa-ana.or,,
M.
CFDA Number:
21.027
CFDA Name:
Coronavirus State and Local Fiscal Recovery Funds
N.
Whether Award is R&D:
No
O.
Indirect Cost Rate for the
Federal Award:
de minimus or federally negotiated rate
27
EXHIBIT D
DEBARMENT
Certification Regarding
Debarment, Suspension. Ineligibility and Voluntary Exclusion
Lower Tier Covered Transactions
This certification is required by the regulations implementing Executive Order 12549. Debarment and
Suspension. 29 CFR Part 98, Section 98.510, Participants' responsibilities. The regulations were
published as Part VII of the May 26. 1988 Federal Register (pages 19160-19211).
(BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS FOR CERTIFICATION -
Attached)
(1) The prospective recipient of federal assistance fiends 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.
Yecenia Cardenas - Exectuive Director of Early Childhoon and School Age Programs
Name and Title of Authorized Representative
2 C44ZZ�W� 3/17/2022
ignature Date
W.
INSTRUCTIONS FOR CERTIFICATION
By signing and submitting this proposal, the prospective recipient of federal assistance funds
is providing the certification as set out below.
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.
The prospective recipient of federal assistance hinds 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.
G. 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.
29
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.
30
EXHIBIT E
LOBBYING
Certification Regarding Lobbying
Certification for Contracts, Grants. Loans, and Cooperative Agreements
The undersigned certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee of
any agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with the awarding of any Federal contract, the making of any
cooperative agreement, and the extension, continuation, renewal, amendment, or modification of
any Federal contact, grant, loan or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person
for influencing or attempting to influence an officer or employee of any agency. a Member of
Congress. an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall
complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying." in accordance
with its instructions.
(3) The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontract, subgrants, and contracts under
grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose
accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making
or entering into this transaction imposed by Section 1352. Title 31, U. S. Code. Any person who
fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and
not more than $100,000 for each such failure.
Think Together
Grantee'Contactor Organization Program Title
r
Yecenia Cardenas
Name of Certifying Officer
Signature
3/17/2020
Date
31
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.
32
EXHIBIT F
DRUG -FREE WORKPLACE
Certification Regarding Drug -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 N ill 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;
33
(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).
B. The contractor shall insert in the space provided on the attached "Place of Performance"
form the site(s) for the performance of work to be carried out with the grant funds
(including street address, city, county, state. and zip code) .the contractor further certifies
that. if it is subsequently determined that additional sites will be used for the performance
of work under the contract, it shall notify the U.S. Department of Housing and Urban
Development immediately upon the decision to use such additional sites by submitting a
revised "Place of Performance" form.
Think Together_
Organization
valo,cZ,�Z!-CL ca44&*t�
uthorized Signature
3/17/2022
Date
34
PLACE OF PERFORMANCE
FOR CERTIFICATION REGARDING DRUG -FREE
WORKPLACE REQUIREMENTS
Name: Yecenia B. Cardenas, Executive Director of Early Learning and School Age Programs
Date: 3/18/2022
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):
Vista Charter Public School, 2609 West Fifth St., Santa Ana, CA 92703
MOMS of OC, 1128 W. Santa Ana Blvd. Santa Ana, CA 92703
3-5