HomeMy WebLinkAboutItem 30 - Gang Prevention and Intervention Program Services Community Development Agency
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Item # 30
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
November 7, 2023
TOPIC: Approve Agreements with Neutral Ground and America on Track Gang
Prevention and Intervention Program Services
AGENDA TITLE
Approve an agreement with America on Track and Nati’s House dba Neutral Ground for
Gang Prevention and Intervention Program Services that promotes a proactive,
preventative approach to addressing concerns with at-risk youth and gang activity
(Revive Santa Ana Program)
RECOMMENDED ACTION
1. Authorize the City Manager to execute an agreement with America on Track in the
amount of $200,000 for a one-year term, with an option to extend for one year, for a
two-year aggregate total not to exceed $400,000, for gang prevention and
intervention services, for a term beginning December 1, 2023, subject to non-
substantive changes approved by the City Manager and City Attorney (Agreement
No. 2023-XXX).
2. Authorize the City Manager to execute an agreement with Nati’s House dba Neutral
Ground in the amount of $200,000 for a one-year term, with an option to extend for
one year, for a two-year aggregate total not to exceed $400,000, for gang prevention
and intervention services, for a term beginning December 1, 2023, subject to non-
substantive changes approved by the City Manager and City Attorney (Agreement
No. 2023-XXX).
GOVERNMENT CODE §84308 APPLIES: Yes
DISCUSSION
On June 1, 2023, the City of Santa Ana issued a Request for Proposals (RFP #23-090)
to retain services to provide prioritized gang prevention and intervention services to at-
risk youth of the City of Santa Ana. The RFP was posted on the City's PlanetBids portal
and twenty-one organizations were notified who had expressed prior interest. The
deadline for submissions was Thursday, July 6, 2023, at 5:00 P.M.
The City received two proposals prior to the submission deadline. Staff conducted a
minimum threshold review of each proposal to ensure compliance with the RFP
requirements. Following this review, staff formed a Review Panel consisting of the
Homeless Services Division Manager, the Senior Community Development Analyst, a
Gang Prevention and Intervention Program Services
November 7, 2023
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3
8
4
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Community Development Analyst, and the Recreation and Community Services
Supervisor.
The review panel met on Thursday, August 3, 2023, to review the proposals, and on
Friday, August 10, 2023, to interview each bidder separately. Each proposal was
evaluated by the review panel based only on the evaluation criteria in the RFP. The
following table summarizes the results of the evaluation by the review panel,
providing the average score and ranking for each proposal:
Rank Proposal Submitted By Average Score*
1 America On Track, Inc.130.5
2 Neutral Ground, Inc.119
* Maximum score was 142 points
Based on the scores above and the deliberative selection and review process followed
by the City, the Review Panel recommends that the City enter into one-year
agreements with both organizations in an amount of $200,000, with the option to extend
for one additional year, for a total aggregate amount not to exceed $400,000 over a
two-year term for each organization. (Exhibits # 1 & 2). The one-year agreement term
shall commence on December 1, 2023. Should the performance reports reflect
satisfactory progress, the agreement term will be extended for one additional year,
through December 1, 2025.
Approval of this recommended action will allow each organization to effectively and
efficiently serve the City’s at-risk youth and their families. Funding two organizations
allows for a broader range of perspectives and approaches to tackle this issue as each
organization brings its own innovative and diverse ideas, and creativity to this project.
Together, the two organizations can cast a wider net of program services for Gang
Prevention and Gang Intervention in the City of Santa Ana.
FISCAL IMPACT
The current fiscal year funding is available in the FY 23-24 budget; future fiscal year
funding will be included in the proposed budgets for City Council consideration.
Fiscal
Year
Accounting
Unit-Account
Fund
Description
Accounting Unit,
Account
Description
Amount
FY 23-24
18118013-
221301
-69135
American
Rescue Plan Act
(ARPA)
Revive Santa Ana
Program –
Payment to
Subagent
$400,000
FY 24-25
18118013-
221301
-69135
American
Rescue Plan Act
(ARPA)
Revive Santa Ana
Program –
Payment to
$400,000
Gang Prevention and Intervention Program Services
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Subagent
EXHIBIT(S)
1. Request for Proposal For Gang Prevention and Intervention Services
2. Agreement with Neutral Ground
3. Agreement with America on Track, Inc.
Submitted By: Michael L. Garcia, Executive Director of Community Development
Approved By: Steven A. Mendoza, Acting City Manager
Total Expenditures $800,000
REQUEST FOR PROPOSAL NO. 23-090A
FOR
GANG PREVENTION & INTERVENTION PROGRAM
SERVICES
CITY OF SANTA ANA
KEY RFP DATES: The schedule below is tentative and subject to change at the
discretion of the City, with appropriate notice to prospective Proposers.
Issue Date:
Mandatory Pre-Proposal Meeting:
Deadline for Questions:
Proposal Due Date:
Thursday, June 1, 2023
Tuesday, June 13, 10:00 A.M.
Thursday, June 15, 2023, 4:00 P.M.
Thursday, June 29, 2023, 4:00 P.M.
EXHIBIT 1
TABLE OF CONTENTS
I. BACKGROUND ........................................................................................................................... 3
II. MANDATORY PRE-PROPOSAL MEETING ................................................................................ 3
III. OVERVIEW OF PROJECT .......................................................................................................... 3
IV. SCOPE OF SERVICES ............................................................................................................... 5
V. TERM OF AGREEMENT ............................................................................................................. 7
VI. MINIMUM QUALIFICATIONS ...................................................................................................... 7
VII. RESPONSE TO RFP .................................................................................................................. 7
VIII. CERTIFICATIONS (ATTACHMENTS) ....................................................................................... 12
IX. REFERENCES .......................................................................................................................... 12
X. MINIMUM SCOPE OF AND LIMIT OF INSURANCE ................................................................. 12
XI. EXCEPTIONS ........................................................................................................................... 14
XII. SELECTION PROCEDURES & CRITERIA ............................................................................... 14
XIII. WITHDRAWALS........................................................................................................................ 17
XIV. PROTESTS ............................................................................................................................... 17
XV. GENERAL TERMS AND CONDITIONS .................................................................................... 18
XVI. AWARD OF AGREEMENT ........................................................................................................ 23
XVII. IMPLEMENTATION ................................................................................................................. 23
EXHIBITS
Exhibits provided herein for Proposers’ reference only.
EXHIBIT I – Scope of Services
EXHIBIT II – Sample Agreement
EXHIBIT III – Sample Commitment to Enter Into Memorandum of Understanding with the Santa Ana Work
Center
EXHIBIT IV – Federal Regulations
ATTACHMENTS
A PROPOSER’S CERTIFICATION, PROPOSAL ITEM PRICING
B REFERENCES
C PROPOSER’S STATEMENT
D NON-COLLUSION AFFIDAVIT
E NON-LOBBYING CERTIFICATION
F NON-DISCRIMINATION CERTIFICATION
G SAM.GOV UNIQUE ENTITY ID (UEI)
EXHIBIT 1
CITY OF SANTA ANA
I.BACKGROUND
Incorporated in 1886, Santa Ana, a Charter City, established a Council-Manager form of
government in 1952. The City Council is composed of seven members; the Mayor elected at
large and six Council members elected by ward, who appoint the City Manager, City Attorney,
and Clerk of the Council. The City of Santa Ana (City) is a full-service City with a diverse
population of approximately 335,000.
The City’s eleven agencies provide all the traditional municipal services, as well as a water utility,
library system, 20-acre zoo, City Jail, Police Department, and contracts with the Orange County
Fire Authority for provision of fire services. The City employs 1,178 authorized full-time positions
and has an annual citywide budget is $646 million, including the General Fund budget of $316
million.
The City of Santa Ana is located 10 miles inland from the Pacific Ocean, 33 miles southeast of
Los Angeles, and 90 miles north of San Diego. The City, which is the county seat of Orange
County, encompasses an area of approximately 27 square miles and is the 11th largest by
population in California.
II.MANDATORY PRE-PROPOSAL MEETING
A mandatory virtual pre-proposal meeting will be held on the date and time specified on the
coverpage of this RFP.
Failure to attend this meeting shall result in your firm being disqualified from proposing.
Topic: City of Santa Ana RFP No. 23-090A: Gang Prevention & Intervention Services
Time: Jun 13, 2023 10:00 AM Pacific Time (US and Canada)
Join Zoom Meeting Link:
https://zoom.us/j/93525132537?pwd=WXhiYkZWdXkreHlZVGs2a1krbGNydz09
Meeting ID: 935 2513 2537
Passcode: 849769
One tap mobile
+16694449171,,86175764261#,,,,*459189# US
+17207072699,,86175764261#,,,,*459189# US (Denver)
III.OVERVIEW OF PROJECT
The City of Santa Ana (City) is seeking proposals from qualified firms (Proposers) to promote a
proactive preventative approach to addressing concerns with at-risk youth and gang activity. The
City of Santa Ana is seeking to partner with one or several organizations to create a multifaceted,
gang prevention and intervention program utilizing trauma-informed care.
The program shall provide prioritized gang prevention and intervention services through the use
and understanding of best practices, trauma-informed outreach, and care. Successful
applications shall also provide mental health and trauma care resources to youth and their families
who have suffered or are suffering from trauma associated with gang violence.
City of Santa Ana RFP No. 23-090A Page 1 of 47
EXHIBIT 1
CITY OF SANTA ANA
The core of the program shall be a direct service(s) delivery to high-risk youth ages 10-24. The
program's focus is to provide a pathway to healing and empower the community to reduce fears
and concerns related to gang activity, by proactively addressing issues associated with at-risk
youths and strengthening the family unit; the foundation of the community.
The successful Proposer(s) must be a community-based organization. Both nonprofit and for-
profit organizations are eligible to apply, either individually or in partnership with other entities.
The Proposer(s) must be experienced or knowledgeable in providing street outreach &
engagement, gang-related & trauma-induced counseling, and experience working with at-risk
youths and their families.
The selected Proposer(s) must have a demonstrated history of working cooperatively with
community and law enforcement agencies in various aspects of Gang Prevention, Mental Health
Services, and Trauma Care and possess the ability to connect individuals to the necessary
supportive services. Organizations that can demonstrate the capability to utilize additional funding
sources to augment their proposed project, and/or can show past or active engagement as it
pertains to the scope of this RFP within Santa Ana will receive additional points in the scoring of
the RFP.
Successful applicants shall demonstrate their knowledge and proposed use of best practice
concepts to successfully achieve completion of project goals.
The funding in this RFP is not guaranteed, as the availability of such funding is subject to change
at any time. The City of Santa Ana makes no guarantee of the availability of the proposed funding
for any particular applicant or project. The submission of a proposal in response to this RFP does
not commit the City to provide any funding to a proposed project.
The term “Vendor”, “Proposer”, and “Contractor” shall refer to any legal entity or entities submitting
a proposal in response to this Request for Proposals (RFP) and are used interchangeably.
Priorities and Objectives:
The City is interested in actioning the following priorities through this RFP:
(1) Provide resources to at-risk youth to deter gang involvement.
(2) Administer resources, support, and community networking pathways that lead to effective
programs and services that lead to success in education.
(3) Provide re-entry services to individuals returning from incarceration, that were involved in
gang activity prior to incarceration, or who are susceptible to engage in gang activity upon
their release.
(4) Create opportunities such as employment opporutinites, job & skils training, mentorship,
report building with community leaders, and identify oporrotunities for enhancement for
those already involved or likely to be involved in gangs, as well as, provide trauma-
informed care to the families of active gang members.
(5) Implement trauma-informed care to families impacted by gang activity.
(6) Provide mental health resources to youth and families impacted by gang activity.
City of Santa Ana RFP No. 23-090A Page 2 of 47
EXHIBIT 1
CITY OF SANTA ANA
Available Funds for this RFP:
The funds for this RFP can be awarded to one (1) or more organizations that include funds
available in the American Rescue/Revive Santa Ana Plan.
Available program funds may be used to combat the increase of violence, especially amongst
and towards community youth members; and to support public health and safety expenditures for
mental health resources and trauma-informed care for the following eligible purposes:
(1) Foster a safe environment for residents and visitors while reducing crime and addressing
the impacts of COVID-19 on our health and quality of life.
(2) Administer direct resources to residents that have been constrained as a direct result of
the pandemic.
Please refer to the 2022 Revive Santa Ana Annual Report for more information:
https://www.santa-ana.org/city-of-santa-ana-releases-the-2022-revive -Santa-Ana-annual-
report/
As of the date of issuance, the available funds for this RFP are not expected to exceed the
amount below and are intended to be as follows, (subject to change):
American Rescue Plan Act Funds (ARPA) $800,000
Available funds can be used for a variety of program types and preferences. Please see the table
below for the general allowable uses of funds for each source; a more detailed description of the
eligible uses for each source will be provided in the Scope of Services.
Source of Funds Outreach & Engagement Trauma-Informed Care Gang Prevention & Intervention Mental Health Resources ARPA X X X X
IV. SCOPE OF SERVICES
SEE EXHIBIT 1 - SCOPE OF SERVICES
Usage is not guaranteed. Execution of an agreement between the City and successful firm(s)
and/or individual(s) does not guarantee work throughout the duration of the contract period.
Numerous factors will be evaluated by the City in its delivery of project and assignments,
including technical expertise required.
City of Santa Ana RFP No. 23-090A Page 3 of 47
EXHIBIT 1
CITY OF SANTA ANA
A. GENERAL INFORMATION
1. Following the RFP Process and conditional on meeting other requirements and conditions,
a pre-award commitment letter may be drafted by the Homeless Services Division,
reviewed and approved by the City Attorney’s Office and the Executive Director of
Community Development, before being recommended for approval by the City Council.
The letter shall state the maximum amount of program funds reserved for the project and
list all of the additional conditions and steps that must be taken by the proposer(s) prior to
closing.
2. When determined appropriate, the City will provide information in its possession relevant
to the preparation of required information in the RFP. The City will provide only the staff
assistance and documentation specifically referred to herein.
3. The Vendor(s) shall be responsible for retaining data, records, and documentation for the
preparation of the required information. These materials shall be made available to the City
as requested.
4. This RFP does not commit the City to pay costs incurred in the preparation of a response
to this RFP. All costs incurred in the preparation of the proposal, the submission of
additional information, and/or any aspect of a proposal prior to the award of a written
contract will be borne by the respondent. The City reserves the right to accept or reject the
combined or separate components of any proposal in part or in its entirety or to waive any
informality or technical defect in the proposal.
5. All data, documents, and other products used, developed, or produced during response
preparation to the RFP will become the property of the City. All responses to the RFP shall
become the property of the City. The City will make its best efforts to maintain Proposer
information identified as proprietary information confidential, to the extent allowed under
the California Public Records Act.
6. The City reserves the right to reject, replace or approve any and all subcontractors. All
subcontractor(s) shall be identified in the response to the RFP and the City reserves the
right to reject any subcontractor(s). Subcontractors shall be the responsibility of the
Contractor(s) and the City shall assume no liability for such subcontractors.
B. COORDINATION
Coordination by the awarded Contractor(s) with the City, other contractors, and agencies will
be required to achieve satisfactory and timely delivery of the required work. Coordination may
include, but not be limited to: coordination with impacted businesses, neighborhood and civic
groups, local and/or state agency boards and staff, or attendance at Community Development
Commission meetings or City Council meetings.
The City will decide the manner in which the coordination efforts will be conducted. At the
City’s option, coordination efforts may be performed by the Vendor’s direct contact, by the
Vendor(s) acting through the City, or by the City only. When coordination efforts require
agreements, such agreements shall be coordinated with the City.
City of Santa Ana RFP No. 23-090A Page 4 of 47
EXHIBIT 1
CITY OF SANTA ANA
C. VENDOR(S) RESPONSIBILITIES
The selected Vendor(s) will assume responsibility for all aspects of the development, and for
ensuring that the project is developed and operated in accordance with applicable state and
federal laws. The selected Vendor(s) will ensure that the project is developed and operated
in accordance with the City laws, regulations, and planning and development process.
D. RULES FOR PROPOSALS
The signer of the proposal must declare in writing that the only person, persons, company, or
parties interested in the proposal as principals are named therein; that the proposal is made
without collusion with any other person, persons, company, or parties submitting a proposal;
that it is in all respects fair and in good faith without collusion or fraud; and, that the signer of
the proposal has full authority to bind the proposer (Attachment D).
V. TERM OF AGREEMENT
The anticipated term of the agreement is for an initial period of one (1) year. The City may, at its
discretion, extend the agreement with a multi year contract, upon mutual agreement contingent
upon City Council approval, or City Manager or City Attorney authorization, as appropriate.
VI. MINIMUM QUALIFICATIONS
Proposers shall have a minimum of three (3) years of recent experience working with at-risk
youth and their families or projects similar to the proposed project.
VII. RESPONSE TO RFP
A. SUBMITTAL INSTRUCTIONS
It is the responsibility of the Proposer to ensure that any proposals submitted have been
uploaded to PlanetBids prior to the RFP due date and time. Proposals, including all required
sections and forms, shall be submitted electronically via the City’s Bid Management System,
PlanetBids. No other form of submittal will be accepted.
PlanetBids will not accept late proposals and no exceptions shall be made. Proposers will
receive an e-bid confirmation number with a time stamp from PlanetBids indicating that their
proposal was submitted successfully. The City will only receive and consider those proposals
that were transmitted successfully. Submit the proposal online at:
http://www.planetbids.com/portal/portal.cfm?CompanyID=20137 .
Proposer shall be solely responsible for informing itself with respect to the proper utilization
of the bid management system, for ensuring the capability of their computer system to upload
the required documents, and for the stability of their internet service. Failure of the Proposer
to successfully submit an electronic proposal shall be at the Proposer’s sole risk and no relief
will be given for late and/or improperly submitted proposals. Proposers experiencing any
technical difficulties with the bid submission process may contact PlanetBids at (818) 992-
1771. Questions of an operational nature may be directed to the City’s assigned Buyer.
Neither the City, nor PlanetBids, makes any guarantee as to the timely availability of
assistance, or assurance that any given problem will be resolved by the bid submission
deadline.
In addition to the above electronic submission instructions, one USB flash drive containing a
copy of the complete proposal packet and five (5) hard copies must also be submitted. Please
City of Santa Ana RFP No. 23-090A Page 5 of 47
EXHIBIT 1
CITY OF SANTA ANA
see the paper submission instructions in Section VII RESPONSE TO RFP, Letter F. Proposal
Contents, No.3 Number of Proposal Copies and Signature.
Proposals shall NOT be sent via telegraphic, electronic, or facsimile means.
All notifications, updates, and addenda will be posted online on PlanetBids at
https://www.planetbids.com/portal/portal.cfm?CompanyID=20137. Proposers shall be
responsible for monitoring the site to obtain information regarding this solicitation. Failure to
respond to required updates may result in a determination of a nonresponsive proposal.
B. COMMUNICATION / CONTACT WITH CITY STAFF
Unless otherwise authorized herein, Proposers who are considering submitting a proposal in
response to this RFP, or who submit a proposal in response to this RFP, are only to
communicate with the assigned Project Coordinator(s), and no other City staff about this RFP
from the date this RFP is issued until a contract is awarded. The City will provide all official
communication concerning this RFP in writing via the City’s Bid Management System,
PlanetBids.
The City will not be responsible for or bound by any oral communication or any other
information or contact that occurs outside the official communication process specified herein
unless confirmed in writing by the designated Project Manager(s).
C. REQUEST FOR INFORMATION OR CLARIFICATION / QUESTIONS
Questions regarding this RFP shall be submitted via PlanetBids. Responses to all questions
will be posted on PlanetBids no later than the date and time are shown on the schedule of
key RFP dates on the cover page of this RFP. All prospective Proposers are advised to visit
PlanetBids on a regular basis as responses may be posted earlier than the date above (if
applicable). No verbal requests or responses will be accepted. Significant interpretations or
clarifications will be addressed via addenda to this RFP.
Requests submitted for the City’s consideration of proposed terms and conditions, including
modifications to the City’s RFP and/or Contract terms and conditions must be submitted by
the deadline for questions. Such requests should include an attachment in Word or PDF
format on formal company letterhead that shows the requested modifications.
Significant interpretations or clarifications and responses to questions received by the
deadline will be addressed via addenda to this RFP, which will be released and posted on
PlanetBids under the “Addenda/Emails” tab.
General process questions may be directed to the following:
Megan Ornelas
Buyer
Email: MOrnelas@santa-ana.org
D. ADDENDA
Any changes in the RFP from the date of release to the date of submittal will result in an
addendum or amendment. Notification of such addendum or amendment shall be posted on
City’s PlanetBids system, https://www.planetbids.com/portal/portal.cfm?CompanyID=20137.
Proposers shall be responsible for monitoring the site to obtain information regarding this
solicitation.
City of Santa Ana RFP No. 23-090A Page 6 of 47
EXHIBIT 1
CITY OF SANTA ANA
E. UNDERSTANDING PROPOSAL
It is the responsibility of each Proposer to inquire about any criteria, condition, term, provision,
or requirement of the RFP that the Proposer does not understand. Responses to inquiries,
if they significantly change or clarify the RFP requirements or any aspect of the procurement
process, will be forwarded by addenda to all Proposers. The City will not be bound by any
oral responses to inquiries. By submitting proposals, Proposers assert that they have fully
read the RFP and any addenda issued by the City, the proposed Contract, and any other
Contract Documents, and affirm that the terms and conditions stated therein are fully
understood and are acceptable to the Proposer. Each Proposer accepts the terms and
conditions of the Contract Documents and indicates their ability and willingness to perform
the requested services under such terms and conditions. Any exceptions to the terms and
conditions set forth in the Contract Document should be clearly noted in each Proposer’s
proposal.
F. PROPOSAL CONTENTS
Proposals are to be prepared in such a way as to provide a straightforward, concise
delineation of capabilities to satisfy the requirements of this RFP. Colored displays,
promotional materials, photographs, etc., are not necessary or desired. Emphasis should be
concentrated on conformance to RFP instructions, responsiveness to the RFP requirements,
and completeness and clarity of content. Digital dividers and clear organization of content
and material are encouraged.
1. Statement of Qualifications (SOQ)
SOQ must include a Table of Contents and be limited to a maximum of 25 pages
(excluding section dividers and exhibits). The page limitation includes all appendices,
attachments, and supplemental information. Additionally, SOQ must include the
following:
a. Cover Letter
Proposals shall include a letter signed by a principal or authorized representative who
can make legally binding commitments for the entity. Include the type of business
entity. Cover Letter shall not exceed one page.
Cover letter must be addressed to the following City Project Manager:
Mishaun Watkins, Community Development Analyst
City of Santa Ana – Community Development Agency
20 Civic Center Plaza
Santa Ana, CA 92701
b. Services Provided
A description of proposed services to be provided and how they meet the needs of the
Police Department as described in Section IV – Scope of Services (Above).
c. Agreement Statement
Proposal shall include a statement outlining your concurrence or concerns with any
and all provisions as contained in EXHIBIT II – Sample Agreement of this RFP (if
any).
d. Firm and Team Experience
Proposal shall include a profile of the firm’s experience including the following:
City of Santa Ana RFP No. 23-090A Page 7 of 47
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CITY OF SANTA ANA
1. Firm: A general description of the firm, including size and number of employees
working directly with the City on this agreement. Firm’s nearest address serving
the City of Santa Ana and headquarters address.
2. Project Manager/Principal Agent: Name and contact information of the
supervising Project Manager/Principal Agent, to be assigned to the agreement.
The Project Manager/Principal Agent shall be the primary contact person to
represent your firm and will be the person to conduct the presentation if invited to
an interview.
3. Vendor(s) Team: An organizational chart showing lines of responsibility, as well
as a list of team members and their duties as part of the team. If the Vendor(s) is
a nonprofit corporation, or if a nonprofit is one of the team members, the SOQ
must include documentation that the corporation is certified by the U.S. Internal
Revenue Service as a 501(c)3 tax-exempt non-profit corporation, and is in good
standing with both state and federal compliance.
4. Vendor(s) Experience: A narrative describing your firm’s demonstrated
capability, including the length of time that your firm has provided the services
being requested in this RFP. Some members of staff shall be bilingual.
Experience gained in the last five years on projects similar to the one being
proposed.
i. List two recent similar projects delivered by the firm for other public agencies or
community-based organizations including the criteria listed below:
Include a description of the summary of work performed
The project name and type (special needs, senior, large family, etc.)
The total project cost.
The funding sources.
The percentage of work the proposer was responsible for.
The period over which the work was completed,
The name, title, and phone number of clients to be contacted for references.
ii. A Letter of Support from a community member, community-based organization, or
public agency may serve as a substitute for one of the two projects.
iii. Include a description of your experience doing community outreach and capacity
including resources, staffing, and available funding.
1. Financial Capacity: Description of the Vendor’s financial strength and ability to
obtain project financing, and to provide sufficient equity for the successful completion
of the proposed project.
i. Include a description of current relationships with major lending institutions.
ii. Any Vendor(s) that is selected for recommendation to City Council, or if a
partnership, the team members who will retain an ownership interest in the
project, will be required to submit complete financial statements for the last
three years. Because of the possibility of public records requests, the City
cannot guarantee that these statements will remain confidential.
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e. Proposed Work Plan
Proposal shall include:
i. A statement demonstrating the firm’s understanding of the Scope of Services,
including:
Anticipated approach to performing services as specified herein;
Suggestions or special concerns the evaluation committee should take into
consideration.
Description of deliverables and implementation plan. Proposer shall submit a
general description of the deliverables, implementation plan, and timeline.
ii. Cost Proposal
All Proposers are required to submit a fixed rate fee with their Cost Proposal. Pricing
instructions should be clearly defined to ensure fees proposed can be compared and
evaluated. Cost Proposal must include a payment schedule if applicable. City
reserves the right to negotiate compensation and/or payment schedule prior to the
award of any resulting agreement.
Proposals shall be valid for a minimum of one hundred eighty (180) days following the
Proposal deadline. The cost of developing the Proposal is the sole responsibility of the
Proposer. All Proposals submitted become the property of the City.
The City shall not provide reimbursement for travel-related expenses, mileage,
parking, lodging, meals, incidental fees, insurance, freight/shipping and
handling/delivery, and any other business expenses, supplies, and materials related
to providing services as specified herein. Additional costs will not be considered and
will not be reimbursed by the City; therefore, such costs must be absorbed in
Proposer’s cost proposal fee structure.
iii. Number of Proposal Copies and Signature
In addition to the online submittal of proposals by the deadline specified on the cover
page of this RFP, one USB flash drive containing a copy of the complete proposal
packet and five (5) hard copies of Respondent’s proposal shall be signed by a
company official with the authority to bind the company and mailed or delivered in a
sealed envelope or box to the City’s Project Manager listed above under Section F.
Proposal Contents, at No. 1 Statement of Qualifications (SOQ), a. Cover Letter
(addressed to the attention of Project Manager) Additionally, one (1) copy of your Cost
Proposal must be submitted electronically to PlanetBids (see Section A – Submittal
Instructions).
Sealed envelope or box with proposal documents shall be clearly labeled as
follows:
RFP 23-090 Gang Prevention & Intervention Program Services
NOTE: Electronic, paper/hard copies and USB flash drives must all be
submitted to the City as specified above by the deadline to submit proposals.
No exceptions shall be made.
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VIII. CERTIFICATIONS (ATTACHMENTS)
In addition to the SOQ, Narrative/Technical Proposal, and Cost Proposal, the following forms,
included in this RFP, shall be signed and included as part of the proposal submittal package:
Attachment A: Proposer’s Certification and Proposal Item Pricing
Attachment B: References
Attachment C: Proposer’s Statement
Attachment D: Non-Collusion Affidavit
Attachment E: Non-Lobbying Certification
Attachment F: Non-Discrimination Certification
Attachment G: SAM.GOV Unique Entity ID
The proposal must be completely responsive to the RFP. Incomplete proposals will be deemed
nonresponsive and will be rejected. The City reserves the right to reject any or all proposals
submitted and no representation is made hereby that any commitment will be awarded pursuant
to this RFP or otherwise.
PLEASE NOTE: City will not be waiving the notarization requirement when applicable on
any of the required attachments.
IX. REFERENCES
Contractor shall provide three (3) references from other similar customers for which services
similar to those specified in this RFP have been performed, including contact names and
telephone numbers. Use ATTACHMENT B – References. The respondent grants permission for
the City to contact any individuals listed as references.
City may disqualify a Proposer if:
References fail to substantiate Proposer’s description of services and
deliverables provided; or
References fail to support that Proposer has a continuing pattern of providing
capable, productive, and skilled personnel, or
City is unable to reach the point of contact with reasonable effort. It is the
Proposer’s responsibility to inform the point of contact(s) of normal City
working hours.
X. MINIMUM SCOPE OF AND LIMIT OF INSURANCE
The selected Proposer shall provide the required evidence of insurance coverage as set forth in
the standard agreement within ten (10) business days after receipt of Notice of Intent to Award.
Contractor must maintain, for the duration of its contract, insurance coverages as required by
the City.
Additionally, Contractor shall provide the following insurance coverage:
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,
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property damage, bodily injury and personal & advertising injury with limits no less than
$1,000,000 per occurrence. If a general aggregate limit applies, either the general
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.
Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if
Contractor has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with
limit no less than $1,000,000 per accident for bodily injury and property damage.
Workers’ Compensation: 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.
Professional Liability (Errors and Omissions) Insurance appropriates to
the Consultant’s profession, with limit no less than $1,000,000 per
occurrence or claim, $2,000,000 aggregate.
If the Contractor maintains broader coverage and/or higher limits than the minimums shown
above, the Entity 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 Entity.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
The Entity, 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 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 Entity, its officers, officials,
employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its
officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and
shall not contribute with it.
Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except
with notice to the Entity.
Waiver of Subrogation
Contractor hereby grants to Entity a waiver of any right to subrogation which any insurer of said
Contractor may acquire against the Entity 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 Entity has
received a waiver of subrogation endorsement from the insurer.
Self-Insured Retentions
Self-insured retentions must be declared to and approved by the Entity. The Entity may require
the Contractor to purchase coverage with a lower retention or provide proof of ability to pay
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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 Entity.
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 Entity.
Claims Made Policies (note – should be applicable only to professional liability, see below)
If any of the required policies provide claims-made coverage:
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 work.
Verification of Coverage
Contractor shall furnish the Entity 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 Entity 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. The Entity reserves the right to require complete, certified copies of all required
insurance policies, including endorsements required by these specifications, at any time.
Subcontractors
Consultant shall require and verify that all subcontractors maintain insurance meeting
all the requirements stated herein, and Contractor shall ensure that Entity is an
additional insured on insurance required from subcontractors.
Special Risks or Circumstances
Entity reserves the right to modify these requirements, including limits, based on the nature of
the risk, prior experience, insurer, coverage, or other special circumstances.
XI. EXCEPTIONS
The proposal must be completely responsive to this RFP. Any exceptions to the requirements of
this RFP must be clearly stated and submitted to the City for its review in accordance with
Section VI, No. C – REQUEST FOR INFORMATION OR CLARIFICATION / QUESTIONS. The
City, in their sole and absolute discretion, may authorize or deny any exceptions.
XII. SELECTION PROCEDURES & CRITERIA
A. The City will establish a proposal review panel. The review panel will evaluate proposals
based on the response to the RFP and determine if the minimum program and RFP Process
requirements are met (minimum threshold review). Proposals that do not meet the minimum
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threshold review will be considered non-responsive. The Review Panel for the RFP Process
will consist of at least one employee from the Santa Ana Police Department and two
employees from the Community Development Agency. Evaluations will include adherence to
outlined directions and format, and the City evaluation criteria set forth below.
B. Using the scoring and selection criteria provided below, the Review Panel shall determine
whether the proposal is recommended for award. Using the scoring and selection criteria,
the Review Panel shall also review the design of the proposed project for appropriateness
for at-risk youth, compatibility with surrounding uses, Street Outreach and Engagement, and
appropriateness of the design and dispersing mental health and trauma resources to you
and their families affected by gang violence. Proposed projects must receive a minimum
threshold score of 75 points to move forward in the proposal review process.
COMPETITIVE SELECTION CRITERIA
1. PROGRAM/COMMUNITY NEED
(Max 25 Points)
Demonstrate a commitment to evidence-based or emerging practices:
ELIGIBLE
POINTS
Share methods to build partnerships with supportive services. Detail
mechanisms for making referrals to service providers; Identify and respond to
violent and potential violent events
5
Engage community partners, community members, and other community
stakeholders 5
Interrupt potential violence by mediating conflicts and preventing retaliation 5
Identify and support individuals and groups at the highest risk. 5
Use data to inform daily efforts and make necessary changes to interruption
strategies. 5
Sub-total 25
2. PROGRAM DESIGN
(Max. 30 Points)
Describe the program structure, activities, participant group, and services to
be provided with Gang Prevention and Intervention Program funds and how
they align with evidence-based practices. Including mental health and
trauma-informed care resources and practices.
10
Describe your plan for recruiting and training the staff who will deliver the
program.
10
Describe your plan for recruiting, engaging, and retaining participants in
services.
10
.
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Sub-total 30
3. COST PROPOSAL & BUDGET
(Max. 15 Points)
Detailed cost proposal/budget with narrative, for one year of operation. 15
Sub-total 15
4. VENDOR(S) EXPERIENCE AND SKILL
(Max. 25 Points)
Recent experience in conducting similar scope, complexity, and magnitude for
other public agencies. 5
At least two (2) references. 5
Ethnic diversity and cultural awareness. 5
Counter gang culture techniques and methods. 5
Educational background, work experience, and directly related consulting
experiences. 5
Sub-total 25
5. LEVERAGING OF CITY FUNDS
(Max. 3 Points)
Applicant's potential or capacity to obtain additional financing for this project 3
Sub-total 3
6. PROGRAM EVALUATION (Max. 25 Points)
List your firm’s goal(s) for the program. Goals are broad statements of what
the program intends to accomplish in the long term. Goals should link directly
to needs.
5
List your firm’s objective(s) for the program. Objectives are specific,
measurable aims of program activities that you intend to accomplish in the
short term. Similar to goals, objectives should link directly to needs.
5
Describe how the goals and objectives align with the City’s overarching goals
for the Gang Prevention & Intervention program.
5
Describe a plan for how you will achieve your stated objectives and how you
will collect as well as evaluate data to measure progress towards your stated
objectives.
5
Describe a plan for how you will provide oversight and monitor the program, in
order to demonstrate that the program is being carried out as intended. 5
Sub-total 25
7. RFP PRIORITIES (Max. 5 Points)
Identify individuals and groups at the highest risk of involvement. 5
Sub-total 5
8. COMMUNITY INCLUSION (Max. 5 Points)
Identify all local partner agencies and describe their roles and responsibilities
for the program 5
Sub-total 5
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BONUS POINTS ( Max 9 Points):
Santa Ana-based organization 3
Organization currently working with local at-risk youth and their families. 3
Match funds contributed. 3
Sub-Total 9
TOTAL ELIGIBLE POINTS 142
C. The City is under no obligation to accept any proposal and reserves the right to negotiate
with respondents as to fees and terms. The City may reject proposals at its sole discretion.
If the proposal fails to satisfy any requirements outlined in this RFP, it may be considered
non-responsive and may be rejected.
The City shall not be obligated to accept the lowest-priced proposals but will make awards in
the best interests of the City after all factors have been evaluated.
The review panel will recommend the qualified Proposers to the City Council or City Manager
for the award of the contract, as appropriate.
D. The review panel may invite the proposers to interview. The City reserves the right to seek
additional information from any or all Proposers invited to present proposals. A final score
will be calculated for each submitted proposal and used to rank Proposers. City reserves the
right to begin negotiations and enter into a contract without holding interviews, or further
discussions.
XIII. WITHDRAWALS
Proposers are responsible for verifying all prices and information before submitting a proposal.
Prior to the proposal’s due date, the Proposer or Proposer’s representative may withdraw the
proposal by providing written notice of the proposed withdrawal to the City Contact/Project
Manager. Verbal or telephonic withdrawals are not permissible.
XIV. PROTESTS
Proposers may file a “protest” to an RFP with the Project Manager. In order for a Bidder’s protest
to be considered valid, the protest must:
1. Be filed in writing within five (5) business days of either the RFP issued date or before 5:00
p.m. of the 5th business day following the posting of Bid Results/Notice of Intent to Award
Contract on the City’s website;
2. Clearly identify the specific irregularity or accusation;
3. Clearly identify the specific City staff determination or recommendation being protested;
4. Specify, in detail, the grounds of the protest and the facts supporting the protest; and
5. Include all relevant, supporting documentation with the protest at the time of filing.
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If the protest does not comply with each of these requirements, it will be rejected as invalid. If
the protest is valid, the Project Manager, or designated City Representative, shall review the
basis of the protest and all relevant information. The Project Manager will provide a written
decision to the protestor within ten (10) business days from receipt of the protest. The decision
from the Project Manager, or her/her designee, is final and no further appeals will be considered.
XV. GENERAL TERMS AND CONDITIONS
A. AMERICANS WITH DISABILITIES ACT
The awarded Contractor hereby certifies that it will comply, as applicable, with the Americans
with Disabilities Act of 1990 (“ADA”), 42 USC §§ 12101 et seq., and its implementing
regulations, including Subtitle A, Title II of the ADA. Contractor will not discriminate against
persons with disabilities nor against persons due to their relationship to or association with a
person with a disability. Any contract entered into by the awarded Contractor (or any
subcontract thereof), relating to this RFP, shall be subject to the provisions of this paragraph.
B. CITY BUSINESS LICENSE
The selected proposer shall be required to obtain a City of Santa Ana Business license
within thirty (30) days of selection and must provide a copy to the City projects manager or
designee prior to commencing any work in Santa Ana.
C. CITY RIGHT TO REJECT
The City reserves the right to reject any or all proposals submitted and no representation is
made hereby that any agreement will be awarded pursuant to this RFP or otherwise. The
City reserves the right to accept or reject the combined or separate components of this
proposal in part or in its entirety or to waive any minor inconsistency, informality or technical
defect in the proposal.
D. CONFLICT OF INTEREST
Contractor shall exercise reasonable care and diligence to prevent any actions or conditions
that could result in a conflict with the best interests of the City. This obligation shall apply to
the Contractor; the Contractor’s employees, agents, and Subcontractors associated with
accomplishing work and services hereunder. The Contractor’s efforts shall include, but not
be limited to, establishing precautions to prevent its employees, agents, and Subcontractors
from providing or offering gifts, entertainment, payments, loans or other considerations which
could be deemed to influence or appear to influence City staff or elected officers from acting
in the best interests of the City.
Each Proposer must disclose any existing or potential conflict of interest relative to the
performance of the contractual services resulting from this RFP. Any such relationship that
might be perceived or represented as a conflict should be disclosed. The City reserves the
right to disqualify any Proposer on the grounds of actual or apparent conflict of interest.
No person, firm, or subsidiary thereof who has been awarded this Contract may be awarded
a Contract for the provision of services, the delivery of supplies, or the provision of any other
related action which is required, suggested, or otherwise deemed appropriate as an end
product of this Contract. Therefore, Contractor is precluded from contracting for any work
recommended as a result of this Contract.
E. CONTRACTOR’S EXPENSE
Pre-Contractual Expenses: The City is not liable for any costs incurred by Proposers prior to
entering into a formal contract. Costs of developing a response to this RFP, are entirely the
responsibility of the Proposer, and shall not be reimbursed in any manner by the City. Pre-
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contractual expenses are not to be included in the cost proposal. Pre-contractual expenses
include but are not limited to, preparation of the proposal, submission of the proposal and
additional information, attendance at pre-proposal conference, negotiating any matter related
to this RFP with City, and/or any other expenses incurred by the Proposer prior to the date
of award and execution, if any, of the contract.
Other Expenses: The Contractor will be responsible for all costs related to photocopying,
telephone communications, fax communications, and parking while on City sites during the
performance of work and services under this Contract.
F. CONTRACTOR’S PROJECT MANAGER/KEY PERSONNEL
Except as formally approved by the City, the key personnel identified in Contractor’s proposal
shall be the individuals who will actually complete the work. Changes in staffing must be
reported in writing and approved by the City. The City shall have the right to require the
removal and replacement of the Contractor’s Project Manager and key personnel under the
awarded contract. The City shall notify the Contractor in writing of such action. The City is
not required to provide any reason, rationale, or additional factual information if it elects to
request any specific key personnel be removed from performing services under the awarded
contract. The City shall review and approve the appointment of the replacement for the
Contractor’s personnel. Said approval shall not be unreasonably withheld.
Standards of Conduct: Contractor’s personnel shall be courteous and maintain good working
relationships with all stakeholders, state or outside agencies, other team members, and staff
within the City.
G. COST PROPOSAL
The awarded Contractor agrees to provide the purchased services at the costs, rates, and
fees as set forth in their Fee Schedule in response to this RFP. No other costs, rates, or fees
shall be payable to the awarded Subcontractor for implementation of their proposal.
H. DATA RETENTION
Contractor shall be responsible for retaining data, records, and documentation for the
preparation of required items. These materials shall be made available to and as requested
by City.
All materials, documents, data, or information obtained from the City Data files or any City
medium furnished to Contractor in the performance of an awarded contract will at all times
remain the property of the City. Such data or information may not be used or copied for direct
or indirect use by Contractor after completion or termination of this Contract without the
express written consent of the City. All materials, documents, data, or information, including
copies, must be returned to the City at the end of the contract.
All data, documents, and other products used, developed, or produced during response
preparation of the RFP will become property of the City. All responses to the RFP shall
become property of the City. Proposer information identified as proprietary shall be
maintained confidential, to the extent allowed under the California Public Records Act.
I. DRUG-FREE WORKPLACE
The awarded Contractor certifies compliance with Government Code Section 8355 in matters
relating to providing a drug-free workplace. Failure to comply with these requirements may
result in the suspension of payments under the Contract or termination of the contract or
both, and the Contractor may be ineligible for award of any future City contracts.
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J. EXAMINATION
Proposer represents that it has thoroughly examined and become familiar with the services
and responsibilities required in this RFP and that it is capable of effectively and efficiently
performing quality work to achieve the City’s objectives. Any attachments referenced herein
or any interpretations, clarifications, or amendments subsequently posted in relation to this
RFP are fully incorporated.
Any irregularities or lack of clarity in the RFP should be brought to the designated City
Contact/Project Manager’s attention as soon as possible so that corrective addenda may be
furnished to prospective Proposers.
Proposals that appear unrealistic in terms of technical commitments, lack of technical
competence, or are indicative of a failure to comprehend the complexity and risk of this
contract, may be rejected.
K. EXECUTION OF AGREEMENT
Upon successful negotiations, the City and the selected Proposer will enter into an
Agreement. If a Proposer is unwilling or unable to execute an Agreement within thirty (30)
days after being notified of selection under this RFP, the City reserves the right to disqualify
them without any further obligation
L. FEDERAL GRANT CONTRACT PROVISIONS
Proposer must agree to the federal contract provisions outlined in the Uniform
Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards
at 2 CFR Part 200.326. These provisions will become part of the agreement resulting from
this bid.
M. FISCAL NON-FUNDING CLAUSE
In the event sufficient budgeted funds are not available for a new fiscal period, the City shall
retain the right to notify the provider of such occurrence in writing at least thirty (30) days
before the end of the current fiscal period and terminate the contract on the last day of the
current fiscal period without penalty or expense to the City.
N. JOINT OFFERS/SUB-CONSULTANTS
Where two or more Proposers desire to submit a single proposal in response to this RFP,
they should do so on a prime sub-consultant basis. The City intends to contract with a single
firm, also known as the prime, and not with multiple firms doing business as a joint venture.
Should the use of sub-consultants be offered, the Proposer shall provide the same
assurances of competence for the sub-consultant plus the demonstrated ability to manage
and supervise the subcontracted work. Sub-consultants shall not be allowed to further
subcontract with others for work under the Agreement. The provisions of the Agreement shall
apply to all sub-consultants in the same manner as the Proposer. The proposer is responsible
for all the actions taken by their sub-contractor.
The City reserves the right to reject, replace and approve any and all Subcontractors. All
Subcontractor(s) shall be identified in the response to the RFP and the City reserves the right
to reject any proposed Subcontractor(s). Subcontractors shall be the responsibility of the
prime Contractor and the City shall assume no liability for such Subcontractors.
O. INDEPENDENT CONTRACTOR
The contractor is considered an independent Contractor and neither Contractor, its
employees, nor anyone working under Contractor will be considered an agent or an
employee of the City. Neither Contractor, its employees, nor anyone working under
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Contractor, will qualify for workers’ compensation or other fringe benefits of any kind through
the City.
P. JOINT OFFERS/SUB-CONSULTANTS
Where two or more Proposers desire to submit a single Proposal in response to this RFP,
they should do so on a prime sub-consultant basis. The City intends to contract with a single
firm and not with multiple firms doing business as a joint venture. Should the use of sub-
consultants be offered, the Proposer shall provide the same assurances of competence for
the sub-consultant plus the demonstrated ability to manage and supervise the subcontracted
work. Sub-consultants shall not be allowed to further subcontract with others for work under
the Agreement. The provisions of the Agreement shall apply to all sub-consultants in the
same manner as the Proposer.
The City reserves the right to reject, replace and approve any and all Subcontractors. All
Subcontractor(s) shall be identified in the response to the RFP and the City reserves the right
to reject any proposed Subcontractor(s). Subcontractors shall be the responsibility of the
prime Contractor and the City shall assume no liability of such Subcontractors.
Q. LITIGATION STATUS
Each Proposer must include in its proposal a complete disclosure of any alleged significant
prior or ongoing contract failures, any civil or criminal litigation or investigation pending which
involves the Proposer or in which the Proposer has been judged guilty or liable. Failure to
comply with the terms of this provision will disqualify any proposal. The City reserves the
right to reject any proposal based upon the Proposer’s prior history with the City or with any
other party, which documents, without limitation, unsatisfactory performance, adversarial or
contentious demeanor, significant failure(s) to meet contract milestones or other contractual
failures.
R. NEGOTIATIONS
The City reserves the right to negotiate final contract terms with any Proposer selected. The
contract between the parties will consist of the RFP together with any modifications thereto,
and the awarded Contractor’s proposal, together with any modifications and clarifications
thereto that are submitted at the request of the City during the evaluation and negotiation
process. In the event of any conflict or contradiction between or among these documents,
the documents shall control in the following order of precedence: the final executed contract,
the RFP, any modifications and clarifications to the awarded Contractor’s proposal, and the
awarded Contractor’s proposal. Specific exceptions to this general rule may be noted in the
final executed contract.
Negotiations shall be confidential and not subject to disclosure to competing Contractors
unless and until an agreement is reached. If contract negotiations cannot be concluded
successfully, the City reserves the right to negotiate a contract with another Contractor or
withdraw the RFP.
S. NON-PAYMENTS
Note that payments will NOT be made for any unsatisfactory work until corrected. In the event
of nonpayment of undisputed sums by the City, Contractor shall give the City thirty (30)
working days to cure the alleged breach.
T. OWNERSHIP OF DOCUMENTS
The City has permanent ownership of all directly connected and derivative materials produced
under this contract by the Contractor. All documents, reports, and other incidental or derivative
work or materials furnished hereunder shall become and remains the sole property of the City
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and may be used by the City as it may require without additional cost to the City. None of the
documents, reports, and other incidental or derivative work or furnished materials shall be used
by the Contractor without the express written consent of the City.
U. PARKING
The City will not provide free parking and/or reimbursement for the cost of parking while
providing services and conducting business with the City.
V. PROFESSIONAL STANDARDS
Contractor staff shall be courteous to the public and City staff utilizing facilities where
Contractor is performing work but shall be responsive only to the requests of the City’s Project
Manager or designee. Contractor staff shall direct all inquiries to Project Manager or
designee.
Contractor acknowledges that City locations consist of public-use facilities and recognizes
the obligation to ensure Contractor personnel and agents maintain the highest level of
professional standards in attire, decorum, and interaction with the public and City personnel.
W. PROJECT MANAGER
The selected Proposer will assume responsibility for all services in its proposal. The selected
Proposer shall identify a sole point of contact, Project Manager, with the greatest
knowledge in regard to the required service operations and contractual matters, including
payment of any and all charges resulting from the Agreement.
X. PROPOSAL VALIDITY
Services, pricing, and warranties indicated in a Proposer’s Proposal must be valid for a period
of 180 days at minimum after the submission of the Proposal.
Y. PUBLIC AGENCIES
Other public agencies, as defined by California Government Code Section 6500, may choose
to use the terms of this Contract, subject to Contractor’s acceptance. The City is not liable or
responsible for any obligations related to a subsequent contract between Contractor and
another public agency.
Z. PUBLIC RECORDS
Proposals will become public record after the award of a contract unless the proposal or
specific parts of the proposal can be shown to be exempt by law. Each Proposer may clearly
label all or part of a proposal as "CONFIDENTIAL" provided that the Proposer hereby agrees
to indemnify and defend the City for honoring such a designation. The failure to so label any
information that is released by the City shall constitute a complete waiver of any and all claims
for damages caused by any release of the information. Proposer information identified as
proprietary shall be maintained confidential, to the extent allowed under the California Public
Records Act.
AA. SUBCONTRACTORS
Proposals in response to this RFP must identify any Subcontractors, and outline the
contractual relationship between the Awarded Subcontractor and each Subcontractor. An
official of each proposed Subcontractor must sign, and include as part of the proposal
submitted by the Prime Contractor, a statement to the effect that the Subcontractor has read
and will agree to abide by the awarded Contractor’s obligations. Any Subcontractor proposed
after the award the of contract must be approved by the City before commencement of work.
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The City will look solely to the awarded Contractor for the performance of all contractual
obligations which may result from an award based on this RFP, and the awarded Contractor
shall not be relieved for the non-performance of any or all Subcontractors.
XVI. AWARD OF AGREEMENT
Selected Contractor(s) will be notified in writing. Any award is contingent upon the successful
negotiation of final contract terms.
A. EXECUTION OF AGREEMENT
A standard agreement is included as EXHIBIT II Sample Agreement of this RFP. “Proposer”
will hereinafter be referred to as “Consultant” or “Contractor” in standard agreement. The
term of the agreement will begin after the agreement is fully executed, and all required bonds,
insurance documents and contents of the payment information packet have been received
and approved.
XVII. IMPLEMENTATION
A. MEETINGS
The successful proposer will be required to meet with City staff, virtual or in person as
required by the City, to discuss and agree on operational issues. In addition, the successful
proposer is required to submit all necessary reporting as required for Revive Santa Ana and
reporting and Federal reporting.
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I. PROGRAM PRIORITIES
The City of Santa Ana is targeting at-risk youth in an effort to promote a proactive preventative
approach to addressing their concerns and the concerns of their families. The City desires to partner
with one or more organizations that will create a Gang Prevention and Intervention Program. This
program will provide multifaceted Gang Prevention & Intervention while offering Mental Health
resources and Trauma-Informed Care. Program design will be subject to and carried out in
accordance with established City standards and procedures. The core of the program should be direct
service to high-risk youth ages 10-24. Services should be built around the recognition that youth
engage in acting out behavior due to a breakdown in the effectiveness of traditional
family/school/community structures where they would normally fulfill needs for love, self-esteem,
personal meaning stability, and socialization.
A. Priorities and Objectives:
In particular, the City is interested in furthering the following priority through this RFP:
1) Submit weekly statistics of service to the project manager.
2) Submit a monthly compilation of statistics to the project manager.
3) Create after-school activities for teens and incentives for participation.
4) Provide mental health resources.
5) Provide Trauma Counseling for at-risk youth and families who are suffering and have suffered
from gang-related trauma.
6) Provide individual and family counseling for gang-affiliated youths and those who were
recently incarcerated.
7) Provide Street Outreach and Engagement teams to build relationships with individuals
involved or affiliated with local gangs.
II. REVIVE SANTA ANA
a. Source of Funds
Funding for this program is through the American Rescue Plan Act’s State and Local Fiscal
Recovery Fund (SLFRF), referred to as Revive Santa Ana. This funding supports a series of
COVID-19 recovery initiatives, including, food distributions, direct financial assistance to
residents, a variety of youth programs, and more.
b. Eligible Grantees
Eligible grantees are community-based organizations, nonprofit organizations, agencies, or
independent contractors; and have a valid 501(c)(3) or (4) designation from the IRS, or for-profit
Vendors or corporations, with proven capacities to develop and operate these types of
projects/programs.
c. Eligible Projects
Funds can be used to provide direct assistance to the youth and families of the City of Santa Ana
to increase and improve the public safety and public health of our residents.
EXHIBIT I
SCOPE OF SERVICES
City of Santa Ana RFP No. 23-090A Page 22 of 47
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III. PARTNERSHIPS
A. Relationship Building
Limited partnerships whose general partners are otherwise eligible under the above are also
eligible for Program funds.
B. Performance Monitoring
Grantee shall furnish all data, statements, records, information, and reports necessary for the
City to monitor, review and evaluate the performance of the Scope of Services and its
components. Grantee shall cooperate with the City in the conduct of any evaluation of
Grantee's Services. Grantee shall further cooperate to incorporate minor modifications that may
be discovered as necessary and appropriate as a result of feedback from the monitoring and
evaluation process. Grantee recognizes and agrees that an evaluation of the Scope of Services
may be completed after the expiration of the Term. The City shall have the right to request the
services of an outside agent to assist in any such evaluation. Such evaluation services shall be
paid for by the City.
1. Grantee shall submit regular Progress Reports regarding Grantee’s performance and
compliance under this Agreement.
2. In addition to the Progress Reports required hereunder, Grantee shall participate in a client
result evaluation (the "Evaluation") for the Scope of Services encompassing the Grantee’s
performance during the entire Term. The Evaluation will be conducted in accordance with
an Evaluation plan approved by the Manager. Grantee shall cooperate with the City in
the development of the Evaluation plan and in its implementation.
3. In the event funding for another cycle is appropriated in future fiscal years, Grantee
acknowledges and agrees that Grantee's future funding, if any, may be determined based
on participation results of the evaluation processes described in this Section. The City
shall use data in the evaluation of the Grantee's current performance and for the
development of future performance targets, consistent with the evaluation system.
4. The Manager or his/her designee shall monitor the Grantee’s progress and performance
of this Agreement. All services agreed to be performed by Grantee shall be conducted as
set forth in this Section. The Parties agree that substantial involvement is expected
between the Manager and the Grantee when carrying out the Scope of Services.
5. Grantee’s staff shall prioritize any referrals submitted by the Manager of the Homeless
Services Division or assigned staff, that pertain to the services provided by the Grantee
under the terms of the Agreement.
C. Wrap-Around Supportive Services
One of the most important elements of the Gang Prevention and Intervention Program is
ongoing supportive services that are “wrapped around” at-risk youth and their families.
Service provider’s responsibilities in the course of this program shall include, but not be
limited to:
a. Performing outreach and intake of targeted individuals for participation in the
Program;
City of Santa Ana RFP No. 23-090A Page 23 of 47
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CITY OF SANTA ANA
b. Assessing youth and their families to prescribe/refer to services;
c. Performing case management services for at-risk youth that will remove
barriers to the successful achievement of independent living skills, attainment
of employment skills, and greater self-determination;
Supportive Services are defined as services provided for the purpose of addressing
the tenants’ condition of homelessness and enhancing the tenants' ability to maintain
independent living. Supportive services must address the special needs of the tenants to be
served. Typical services may include, but are not limited to:
a. Mental healthcare;
b. Trauma-Informed care
c. Advocacy and resource support and assistance such as
i. Temporary Assistance to Needy Families (TANF),
ii. General Assistance,
iii. Cal Fresh,
iv. Money management/payee services;
v. Nutritional counseling; and
vi. Assistance in obtaining other resources and support for at-risk youth
and their families such as clothing, and transportation, job training
and job placement.
These services must be be provided directly or by arrangement with other service providers.
D. Eligible Uses and Activities
Program funds can be used to enter into an Agreement with eligible organizations that will provide
the requested services.
E. Compliance with Federal and Local Regulations
All projects must comply with all applicable federal requirements contained in Exhibit III and 24
CFR 982, including, but not limited to, environmental review, labor and wage requirements,
debarred contractors, lead-based paint and equal opportunity. Awardees should note:
Contract Requirements: All work shall be completed by licensed contractors
Labor Standards: Contracts over $10,000 must comply with Equal Opportunity-Affirmative
Action requirements. All efforts shall be made to provide equal opportunity for employment without
discrimination as to race, marital status, sex, color, age, religion, national origin or ancestry, and
to seek out qualified local tradespeople for contracting and subcontracting bids.
Accessibility: All projects must comply with the federal Section 504 Disabled Accessibility
regulations contained in Sections 8.22 and 8.23 of Subpart C, 24 CFR Part 8.
F. Employement Opportunities to Santa Ana Residents
Vendor(s) shall solicit and advertise employment opportunities to Santa Ana residents. The City
shall inform the Vendor(s) of areas to publicize recruitment opportunities, such as the Santa Ana
WORK Center and community centers. Such effort and procedure will be provided to the City for
review.
City of Santa Ana RFP No. 23-090A Page 24 of 47
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CITY OF SANTA ANA
THIS AGREEMENT is made and entered into on this day of , 2023 by and between
___________________________________________________________, (“Consultant”), and 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”).
RECITALS
A. The City desires to retain a Consultant having special skill and knowledge in the field of:
B. Consultant represents that Consultant is able and willing to provide such services to the
City.
C. In undertaking the performance of this Agreement, Consultant represents that it is
knowledgeable in its field and that any services performed by Consultant under this Agreement will be
performed in compliance with such standards as may reasonably be expected from a professional
consulting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the
terms and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
Consultant shall perform during the term of this Agreement, the tasks and obligations including
all labor, materials, tools, equipment, and incidental customary work required to fully and adequately
complete the services described and set forth in Scope of Services - Exhibit I, attached hereto and
incorporated by reference.
2. COMPENSATION
a. City agrees to pay, and Consultant agrees to accept as total payment for its services for City,
the rates and charges identified in Compensation - Exhibit II. The total amount to be
expended during the term of this Agreement shall not exceed TBD
b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice
evidencing work performed, subject to City accounting procedures. Payment need not be
made for work which fails to meet the standards of performance set forth in the Recitals which
may reasonably be expected by City.
3. TERM
This Agreement shall commence on the date first written above for a one (1) year term with
the option for the City to grant up to two, one (1)-year renewals, exercisable by a writing by the City
Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below.
4. INDEPENDENT CONTRACTOR
EXHIBIT II
SAMPLE AGREEMENT SAMPLECity of Santa Ana RFP No. 23-090A Page 25 of 47
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Consultant shall, during the entire term of this Agreement, be construed to be an independent
Consultant and not an employee of the City. This Agreement is not intended nor shall it be construed
to create an employer-employee relationship, a joint venture relationship, or to allow the City to
exercise discretion or control over the professional manner in which Consultant performs the services
which are the subject matter of this Agreement; however, the services to be provided by Consultant
shall be provided in a manner consistent with all applicable standards and regulations governing such
services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment
insurance and similar taxes relating to employees and shall be responsible for all applicable withholding
taxes.
standards and regulations governing such services. Consultant shall pay all salaries and wages,
employer's social security taxes, unemployment insurance and similar taxes relating to employees and
shall be responsible for all applicable withholding taxes.
5. OWNERSHIP OF MATERIALS
This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify,
reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans,
specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any
tangible medium of expression, including but not limited to, physical drawings or data magnetically or
otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant
under this Agreement (“Documents & Data”). Consultant shall require all subcontractors to agree in
writing that City is granted a non-exclusive and perpetual license for any Documents & Data the
subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has
the legal right to license any and all Documents & Data. Consultant makes no such representation and
warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not
be limited in any way in its use of the Documents and Data at any time, provided that any such use not
within the purposes intended by this Agreement shall be at City’s sole risk.
MINIMUM SCOPE AND LIMIT OF INSURANCE
The selected Proposer shall provide the required evidence of insurance coverage as set forth in
the standard agreement within ten (10) business days after receipt of Notice of Intent to Award.
Contractor must maintain, for the duration of its contract, insurance coverages as required by
the City.
Additionally, Contractor shall provide the following insurance coverage:
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 $1,000,000 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.
Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor
has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with limit no less than
$1,000,000 per accident for bodily injury and property damage. SAMPLECity of Santa Ana RFP No. 23-090A Page 26 of 47
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CITY OF SANTA ANA
Workers’ Compensation: 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.
If the Contractor maintains broader coverage and/or higher limits than the minimums shown above,
the Entity 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 Entity.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
The Entity, 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 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 Entity, its officers, officials,
employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers,
officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not
contribute with it.
Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except
with notice to the Entity.
Waiver of Subrogation
Contractor hereby grants to Entity a waiver of any right to subrogation which any insurer of said
Contractor may acquire against the Entity 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 Entity has received
a waiver of subrogation endorsement from the insurer.
Self-Insured Retentions
Self-insured retentions must be declared to and approved by the Entity. The Entity 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 Entity.
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 Entity.
Claims Made Policies (note – should be applicable only to professional liability, see below) SAMPLECity of Santa Ana RFP No. 23-090A Page 27 of 47
EXHIBIT 1
CITY OF SANTA ANA
If any of the required policies provide claims-made coverage:
4. The Retroactive Date must be shown, and must be before the date of the contract or the
beginning of contract work.
5. Insurance must be maintained and evidence of insurance must be provided for at least five
(5) years after completion of the contract of work.
6. 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
work.
Verification of Coverage
Contractor shall furnish the Entity 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 Entity 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.
The Entity reserves the right to require complete, certified copies of all required insurance policies,
including endorsements required by these specifications, at any time.
Special Risks or Circumstances
Entity reserves the right to modify these requirements, including limits, based on the nature of the
risk, prior experience, insurer, coverage, or other special circumstances.
INDEMNIFICATION
Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents,
employees, contractors, special counsel, and representatives from liability: (1) for personal injury,
damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal
injury, including death, and claims for property damage, which may arise from the negligent operations
of the Contractor, its subcontractors, agents, employees, or other persons acting on its behalf which
relates to the services described in section 1 of this Agreement; and (2) from any claim that personal
injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms
of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all
claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have
been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects,
arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all
costs for the defense of the City, including fees and costs for special counsel to be selected by the City,
regarding any action by a third party challenging the validity of this Agreement, or asserting that personal
injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property
rights arises by reason of the terms of, or effects arising from this Agreement. City may make all
reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the
foregoing, to the extent Contractor’s services are subject to Civil Code Section 2782.8, the above
indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of,
pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor.
INTELLECTUAL PROPERTY INDEMNIFICATION
Contractor shall defend and indemnify the City, its officers, agents, representatives, and employees
against any and all liability, including costs, for infringement of any United States’ letters patent, SAMPLECity of Santa Ana RFP No. 23-090A Page 28 of 47
EXHIBIT 1
CITY OF SANTA ANA
trademark, or copyright infringement, including costs, contained in the work product or documents
provided by Consultant to the City pursuant to this Agreement.
RECORDS
Contractor shall keep records and invoices in connection with the work to be performed under this
Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred
under this Agreement and any services, expenditures, and disbursements charged to the City for a
minimum period of three (3) years, or for any longer period required by law, from the date of final payment
to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant
shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any
other documents created pursuant to this Agreement during regular business hours. Consultant shall allow
inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three
(3) years from the date of final payment to Consultant under this Agreement.
CONFIDENTIALITY
If Contractor receives from the City information which due to the nature of such information is reasonably understood
to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in
the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its
own information of like importance, but in no event less than reasonable care. “Confidential Information” shall
include all nonpublic information. Confidential information includes not only written information, but also information
transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by
any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use
and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available
sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession
of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is
independently developed by the Consultant without reference to information disclosed by the City.
CONFLICT OF INTEREST CLAUSE
Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would
conflict in any manner with performance of services specified under this Agreement.
NON-DISCRIMINATION
Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation,
gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status,
age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection,
teaching, training, utilization, promotion, termination or other employment related activities or any services provided
under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable
federal, state and local laws and regulations.
EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes
any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of
this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not
be modified except by written instrument signed by the City and by an authorized representative of Contractor. The
parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or
in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. 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 is not embodied herein.
ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not
assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any
such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered SAMPLECity of Santa Ana RFP No. 23-090A Page 29 of 47
EXHIBIT 1
CITY OF SANTA ANA
null and void. Nothing in this Agreement shall be construed to limit the City’s ability to have any of the services
which are the subject to this Agreement performed by City personnel or by other Contractors retained by City.
TERMINATION
This Contract may be terminated by the City upon thirty (30) days written notice of termination. In such
event, Contractor shall be entitled to receive and the City shall pay Consultant compensation for all
services performed by Contractor prior to receipt of such notice of termination, subject to the following
conditions:
a. As a condition of such payment, the Executive Director may require Contractor to deliver
to the City all work product(s) completed as of such date, and in such case such work
product shall be the property of the City unless prohibited by law, and Consultant consents
to the City's use thereof for such purposes as the City deems appropriate.
b. Payment need not be made for work which fails to meet the standard of performance
specified in the Recitals of this Agreement.
WAIVER
No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the
provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the
breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a
waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute
a continuing waiver unless the writing so specifies.
I. JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of California and the validity, interpretation,
performance, and enforcement of any of the clauses of this Agreement shall be determined and governed
by the laws of the State of California. Both parties further agree that Orange County, California, shall be
the venue for any action or proceeding that may be brought or arise out of, in connection with or by
reason of this Agreement.
II. PROFESSIONAL LICENSES
Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits,
approvals, waivers, and exemptions necessary for the provision of the services hereunder and required
by the laws and regulations of the United States, the State of California, the City of Santa Ana and all
other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to
obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be
cause for termination of this Agreement.
III. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this contract shall be in writing
and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail,
postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section,
to the following persons:
To City:
Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30) SAMPLECity of Santa Ana RFP No. 23-090A Page 30 of 47
EXHIBIT 1
CITY OF SANTA ANA
P.O. Box 1988
Santa Ana, CA 92702-1988
Fax: 714- 647-6956
With courtesy copies to:
To Contractor:
A party may change its address by giving notice in writing to the other party. Thereafter, any
communication shall be addressed and transmitted to the new address. If sent by mail, communication
shall be effective or deemed to have been given three (3) days after it has been deposited in the United
States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent
by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the
time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set
forth above. For purposes of calculating these time frames, weekends, federal, state, County or City
holidays shall be excluded.
IV. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the power,
authority and right to bind their respective parties to each of the terms of this Agreement,
and shall indemnify City 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.
b. The Agreement is the final and complete agreement and any prior or contemporaneous
agreements for similar services between the parties is superseded by this Agreement.
This shall not apply where the Parties are currently engaged and Consultant is providing
services not contemplated by this Agreement.
c. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth
in the body of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above
written.
First & Last Name
Title
Consultant Firm Name
Address
City, State, Zip
Fax: SAMPLECity of Santa Ana RFP No. 23-090A Page 31 of 47
EXHIBIT 1
CITY OF SANTA ANA
ATTEST: CITY OF SANTA ANA
Jennifer Hall Kristine Ridge
Clerk of the Council City Manager
APPROVED AS TO FORM:
SONIA R. CARVALHO CONSULTANT:
City Attorney
By:
Assistant City Attorney
Tax ID#
RECOMMENDED FOR APPROVAL:
(name)
(title)
SAMPLECity of Santa Ana RFP No. 23-090A Page 32 of 47
EXHIBIT 1
CITY OF SANTA ANA
SAMPLE ONLY
1. PARTIES: The parties to this Memorandum of Understanding (MOU) are _________________and the
City of Santa Ana W/O/R/K Center ("Work Center").
2. PURPOSE: The Work Center, in conjunction with ___________________, endeavors to establish a
cooperative working relationship between the parties in order to provide program beneficiaries with
information about Work Center opportunities to find better jobs and careers. The MOU serves to establish
the framework for providing services to employees, job seekers and others needing workforce services.
The goal is to ensure that all program beneficiaries have been provided an opportunity to connect with
the Work Center and be assisted with the tools and !mow ledge necessary to enter the workforce or
obtain a higherpayingjob.
3. RESPONSIBILITIES:
A) The Work Center shall perform the following:
1) Accept referrals to the Work Center.
B) ________________ shall perform the following:
1) Provide Work Center infonnation to participants and their families; and,
2) Refer participants in need of employment, training, or career counseling to the Work Center
utilizing the referral form attached hereto as Attachment 1 and incorporated herein by reference.
4. DURATION: This MOU shall commence on TBD and shall remain in effect through TBD.
5. AMENDMENTS: Either party may propose amendments to this MOU at any time by providing written
notice to the other party. Amendments to this MOU shall require the approval of the City Manager, or
her/his designee ("City Manager"), on behalf of the Work Center,
6. CONFIDENTIALITY: If __________________ receives information, which due to the nature of
such information is reasonably understood to be confidential and/ or proprietary, such information shall
not be used or disclosed except in the performance of this MOU, and ________________ agrees
to exercise the same degree of care it uses to protect its own information of like importance, but in no
event less than reasonable care. "Confidential Information" shall include all non-public information.
Confidential information includes not only written information, but also information transferred orally,
visually, electronically, or by other means. Confidential information disclosed to either party by any
subsidiary and/or agent of the other party is covered by this MOU. The foregoing obligations of non-use
and nondisclosure shall not apply to any infonnation that (a) has been disclosed in publicly available
sources; (b) is, through no fault of _____________ disclosed in a publicly available source; (c) is in rightful
possession of ______________ without an obligation of confidentiality; (d) is required to be disclosed
by operation of law; or (e) is independently developed by ______________ without reference to
information disclosed by the City of Santa Ana.
7. ACCESSABILITY: ORGANIZATION NAME will assure that its services and premises are
accessible to persons with disabilities pursuant to the requirements of the Americans with
Disabilities Act.
EXHIBIT III
COMMITMENT TO ENTER INTO MEMORANDUM OF UNDERSTANDING
WITH THE SANTA ANA WORK CENTER
City of Santa Ana RFP No. 23-090A Page 33 of 47
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CITY OF SANTA ANA
8. HOLD HARMLESS CLAUSE: Each party to this MOU agrees to indemnify and hold harmless
the other parties, their officers, agents, employees, and volunteers from and against any and
all loss or damage, and from any and all suits, actions and claims filed or brought by any
person or persons arising out of acts or omissions of the party or its officers, agents,
employees or volunteers in the performance of this MOU.
9. DISPUTES: The parties shall first attempt to resolve all disputes infonnally. Any party may
call a meeting of all parties to discuss and resolve disputes. Should informal resolution efforts
fail, the dispute shall be referred to the City Manager to act as mediator, to attempt to resolve
the dispute by holding an informal hearing with presentations by both parties. If the City
Manager's resolution efforts fail, any party may file a grievance with the City Manager for
review and hearing. The parties agree to be bound by the final determination resulting from
that procedure. Each party to bear its own costs associated with any grievance procedures.
10. DISCRIMINATION: _________________________ Shall not discriminate becoase of
race, color, creed, religion, sex, marital status, sexual orientation, age, national origin,
ancestry, or disability, as definied, and prohibited by applicable law, in the recruitment,
selecton, training, utilization, promotion, termination or other employment related activities.
________________________ affirms that it is equal opportunity employer and shall
comply with all applicable federal, state, and local laws and regulations.
11. SEVERABILITY: If anyprut of this MOU is found to be null and void, or is otherwise
stricken, the rest of this MOU shall remain in force.
12. JURISDICTION: Jurisdiction over any disputes arising under this MOU shall reside in
Orange County, California.
AUTHORITY AND SIGNATURES: The individuals signing this MOU or its attachments have the
authority to commit the party they represent to the terms of this MOU, and do so commit by signing.
City of Santa Ana RFP No. 23-090A Page 34 of 47
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SAMPLE ONLY
Federal Regulations – Recipient must comply with the government cost principles, uniform administrative
requirements and audit requirements for federal grant program housed within Title 2, Part 200 of the
Code of Federal Regulations.
b. Debarment and Suspension – As required by Executive Orders 12549 and 12689, and 2
CFR §200.212 and codified in 2 CFR Part 200, Recipient must provide protection against waste, fraud,
and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the
Federal government.
c. Audit Records - With respect to all matters covered by this agreement all records shall be
made available for audit and inspection by CITY, the grant agency and/or their duly authorized
representatives for a period of three (3) years from the date of submission of the final expenditure report
by the City of Santa Ana. For a period of three years after final delivery hereunder or until all claims
related to this Agreement are finally settled, whichever is later, Recipient shall preserve and maintain all
documents, papers and records relevant to the services provided in accordance with this Agreement,
including the Attachments hereto. For the same time period, Recipient shall make said documents,
papers and records available to City and the agency from which City received grant funds or their duly
authorized representative(s), for examination, copying, or mechanical reproduction on or off the premises
of Recipient, upon request during usual working hours.
d. Reports - Recipient shall provide to City all records and information requested by City for
inclusion in quarterly reports and such other reports or records as City may be required to provide to the
agency from which City received grant funds or other persons or agencies.
e. Section 504 of the Rehabilitation Act of 1973 (Handicapped) - All recipients of federal
funds must comply with Section 504 of the Rehabilitation Act of 1973 (The Act). Therefore, the federal
funds recipient pursuant to the requirements of The Act hereby gives assurance that no otherwise
qualified handicapped person shall, solely by reason of handicap be excluded from the participation in,
be denied the benefits of or be subject to discrimination, including discrimination in employment, in any
program or activity that receives or benefits from federal financial assistance. The Recipient agrees it will
ensure that requirements of The Act shall be included in the agreements with and be binding on all of its
contractors, subcontractors, assignees or successors.
f. Americans with Disabilities Act of 1990 - (ADA) Recipient must comply with all
requirements of the Americans with Disabilities Act of 1990 (ADA), as applicable.
g. Political Activity - None of the funds, materials, property, or services provided directly or
indirectly under this agreement shall be used for any partisan political activity, or to further the election
or defeat of any candidate for public office, or otherwise in violation of the provisions of the "Hatch Act".
h. No Lobbying - Recipient will comply with all applicable lobbying prohibitions and laws,
including those found in the Byrd Anti-Lobbying Amendment (31 U.S.C. 1352, et seq.), and agrees that
none of the funds provided under this award may be expended by the Recipient to pay any person to
influence, or attempt to influence an officer or employee of any agency, a Member of Congress, an officer
EXHIBIT IV
FEDERAL REGULATIONS
City of Santa Ana RFP No. 23-090A Page 35 of 47
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CITY OF SANTA ANA
or employee of Congress, or an employee of a Member of Congress in connection with any federal action
concerning the award or renewal of any federal contract, grant, loan, or cooperative agreement.
I. Non-Discrimination and Equal Opportunity - Recipient will comply, and all its contractors
(or subrecipients) will comply, with Title VI of the Civil Rights Act of 1964, as amended; Section 504 of
the Rehabilitation Act of 1964, as amended; Subtitle A, Title II of the Americans with Disabilities Act (ADA)
(1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975, as amended;
Drug Abuse Office and Treatment Act of 1972, as amended; Comprehensive Alcohol Abuse and
Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, as amended; Section 523 and 527 of
the Public Health Service Act of 1912, as amended; Title VIII of the Civil Rights Act of 1968, as amended;
Department of Justice Non-Discrimination Regulations, 28 CFR Part 42, Subparts C, D, E, and G; and
Department of Justice regulations on disability discrimination, 28 CFR Part 35 and 39. In the event a
Federal or State court, Federal or State administrative agency, or the Recipient makes a finding of
discrimination after a due process hearing on the grounds of race, color, religion, national origin, sex, or
disability against a recipient of funds, the Recipient will forward a copy of the findings to CITY which will,
in turn, submit the findings to the Office of Civil Rights, Office of Justice Programs, U.S. Department of
Justice. If applicable, recipient will comply with the equal opportunity clause in 41 C.F.R. 60-1.4(b) in
accordance with Executive Order 11246 as amended by Executive Order No. 11375.
j. Equal Employment Opportunity - Recipient will comply, and all its contractors (or
subrecipients) will comply, with all requirements of the Executive Order 11246 of September 24, 1965,
entitled “Equal Employment Opportunity,” as amended by Executive Order 11375 of October 13, 1967,
and as supplemented in Department of Labor regulations (41 CFR chapter 60), as applicable.
k. Public Contracts Code - Recipient will comply, and all its contractors (or subrecipients) will
comply, with all requirements of the California Public Contract Code Section 10295.3, as applicable.
l. Copeland Anti-Kickback Act - Recipient will comply, and all its contractors and
subcontractors (or subrecipients) shall comply, with all requirements of the Copeland “Anti-Kickback”
Act (30 U.S.C. 3145) as supplemented in Department of Labor regulations (29 CFR Part 3), as
applicable.
(1) Contractor – Contractors shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the
requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into
this contract.
(2) Subcontracts – Contractor or subcontractor shall insert in any subcontracts the clause above
and such other clauses as FEMA may by appropriate instructions require, and also a clause
requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime
contractor shall be responsible for the compliance by any subcontractor or lower tier
subcontractor with all of these contract clauses.
(3) Breach – A breach of the contract clauses above may be grounds for termination of the contract,
and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12.
m. Davis-Bacon Act - Recipient will comply, and all its contractors (or subrecipients) will
comply, with all requirements of the Davis-Bacon Act (40 U.S.C. 3141-3144 and 3146-3148) as
supplemented by Department of Labor regulations (29 CFR Part 5), as applicable.
Contractors are required to pay wages to laborers and mechanics at a rate no less than the prevailing
wages specified in a wage determination made by the Secretary of Labor.
City of Santa Ana RFP No. 23-090A Page 36 of 47
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Additionally, contractors are required to pay wages not less than once a week.
n. Work Hours and Safety - Recipient will comply, and all its contractors (or
subrecipients) will comply, with all requirements of Sections 103 and 107 of the Contract Work Hours
and Safety Standards Act (40 U.S.C. 3702 and 3704) as supplemented by Department of Labor
regulations (29 CFR Part 5), as applicable.
o. Clean Air Act - Recipient will comply, and all its contractors (or subrecipients) will
comply, with all applicable standards, orders or requirements issued under the Clean Air Act (42 U.S.C.
7401-7671q), and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as applicable.
p. Energy and Conservation - Recipient will comply, and all its contractors (or subrecipients)
will comply, with all requirements of the Energy Policy and Conservation Act (42 U.S.C. 6201), as
applicable.
q. Waste Disposal - Recipient will comply, and all its contractors (or subrecipients) will
comply, with all requirements of Section 6002 of the Solid Waste Disposal Act, as amended by the
Resource Conservation and Recovery Act, as applicable.
r. Patent Rights - Recipient agrees that the Department of Homeland Security shall have
the authority to seek patent rights for any process, product, invention or discovery developed and paid
for with funding through this Agreement based on the requirements of 37 CFR§ 401 and any other
implementing regulations, as applicable.
s. Copyright - Recipient may copyright any books, publications or other copyrightable
materials developed in the course of or under this Agreement. However, the federal awarding agency,
State Administrative Agency (SAA) and City reserve a royalty-free, non-exclusive, and irrevocable license
to reproduce, publish or otherwise use, and to authorize others to use, for federal government, SAA
and/or City purpose:
(1) the copyright in any work developed through this Agreement; and
(2) any rights of copyright to which the subcontractor purchases ownership with support through
this grant. The Federal government’s, SAA’s and City’s rights identified above must be
conveyed to the publisher and the language of the publisher’s release form must ensure the
preservation of these rights.
t. Telecommunications (2 CFR 200.216) - Recipient will comply with FEMA Policy 405-143-
1, Prohibitions on Expending FEMA Award Funds on Covered Telecommunication Equipment or
Services (Interim), which prohibits grant recipients and subrecipients from obligating or expending loan
or grant funds to procure or obtain, extend or renew a contract to procure or obtain, or to enter into a
contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses
covered telecommunications equipment or services as a substantial or essential component of any
system, or as critical technology as part of any system.
As described in Public Law 115-232, section 889, covered telecommunications equipment is:
(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE
Corporation (or any subsidiary or affiliate of such entities).
City of Santa Ana RFP No. 23-090A Page 37 of 47
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(2) For the purpose of public safety, security of government facilities, physical security surveillance of
critical infrastructure, and other national security purposes, video surveillance and
telecommunications equipment produced by Hytera Communications Corporation, Hangzhou
Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or
affiliate of such entities).
(3) Telecommunications or video surveillance services provided by such entities or using such
equipment.
(4) Telecommunications or video surveillance equipment or services produced or provided by an entity
that the Secretary of Defense, in consultation with the Director of the National Intelligence or the
Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or
controlled by, or otherwise connected to, the government of a covered foreign country.
u. Domestic preferences for procurements (2 CFR 200.322) - Recipient agrees that as
appropriate and to the extent consistent with law, it will, to the greatest extent practicable under a Federal
award, provide a preference for the purchase, acquisition, or use of goods, products, or materials
produced in the United States (including but not limited to iron, aluminum, steel, cement, and other
manufactured products). This requirement must be included in all subawards including all contracts and
purchase orders for work or products under this award. For purposes of this provision: “produced in the
United States” means, for iron and steel products, that all manufacturing processes, from the initial
melting stage through the application of coatings, occurred in the United States; and “manufactured
products” means items and construction materials composed in whole or in part of non-ferrous metals
such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such
as concrete; glass, including optical fiber; and lumber.
v. Equal Employment in Construction Contracts - Pursuant to Equal Employment
Opportunity requirements of 41 C.F.R. 60-1.4(b) in accordance with Executive Order 11246 as amended
by Executive Order No. 11375, as to any construction contract thereunder, if applicable, during the
performance of this contract, the contractor agrees as follows:
(1) The contractor will not discriminate against any employee or applicant for employment
because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The
contractor will take affirmative action to ensure that applicants are employed, and that
employees are treated during employment without regard to their race, color, religion, sex,
sexual orientation, gender identity, or national origin. Such action shall include, but not be
limited to the following:
Employment, upgrading, demotion, or transfer; recruitment or recruitment
advertising; layoff or termination; rates of pay or other forms of compensation;
and selection for training, including apprenticeship. The contractor agrees to
post in conspicuous places, available to employees and applicants for
employment, notices to be provided setting forth the provisions of this
nondiscrimination clause.
(2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf
of the contractor, state that all qualified applicants will receive consideration for employment
without regard to race, color, religion, sex, sexual orientation, gender identity, or national
origin.
City of Santa Ana RFP No. 23-090A Page 38 of 47
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CITY OF SANTA ANA
(3) The contractor will not discharge or in any other manner discriminate against any employee
or applicant for employment because such employee or applicant has inquired about,
discussed, or disclosed the compensation of the employee or applicant or another employee
or applicant. This provision shall not apply to instances in which an employee who has access
to the compensation information of other employees or applicants as a part of such
employee's essential job functions discloses the compensation of such other employees or
applicants to individuals who do not otherwise have access to such information, unless such
disclosure is in response to a formal complaint or charge, in furtherance of an investigation,
proceeding, hearing, or action, including an investigation conducted by the employer, or is
consistent with the contractor's legal duty to furnish information.
(4) The contractor will send to each labor union or representative of workers with which he has a
collective bargaining agreement or other contract or understanding, a notice to be provided
advising the said labor union or workers' representatives of the contractor's commitments
under this section, and shall post copies of the notice in conspicuous places available to
employees and applicants for employment.
(5) The contractor will comply with all provisions of Executive Order 11246 of September 24,
1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
(6) The contractor will furnish all information and reports required by Executive Order 11246 of
September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or
pursuant thereto, and will permit access to his books, records, and accounts by the
administering agency and the Secretary of Labor for purposes of investigation to ascertain
compliance with such rules, regulations, and orders.
(7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this
contract or with any of the said rules, regulations, or orders, this contract may be canceled,
terminated, or suspended in whole or in part and the contractor may be declared ineligible for
further Government contracts or federally assisted construction contracts in accordance with
procedures authorized in Executive Order 11246 of September 24, 1965, and such other
sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of
September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise
provided by law.
(8) The contractor will include the portion of the sentence immediately preceding paragraph (1)
and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless
exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section
204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding
upon each subcontractor or vendor. The contractor will take such action with respect to any
subcontract or purchase order as the administering agency may direct as a means of
enforcing such provisions, including sanctions for noncompliance.
City of Santa Ana RFP No. 23-090A Page 39 of 47
EXHIBIT 1
CITY OF SANTA ANA
Certification - I certify that I have read, understand and agree to the terms and conditions of this Request
for Proposals. I have examined the Scope of Services (Exhibit 1) and am qualified to provide services
being requested as specified herein. I understand and agree that I am responsible for reporting any
errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal.
PROPOSER’S STATEMENT: I have read, understood and agree to the terms and conditions on all
pages of the Request for Qualifications. Upon request, I will transfer and deliver goods or services to the
City in accordance with said terms and conditions.
__________________________________________________________________________________
LEGAL NAME OF COMPANY PHONE AND FAX NUMBERS
__________________________________________________________________________________
BUSINESS ADDRESS
__________________________________________________________________________________
PRINTED NAME OF AUTHORIZED AGENT TITLE
__________________________________________________________________________________
SIGNATURE OF AUTHORIZED AGENT DATE E-MAIL ADDRESS
__________________________________________________________________________________
FEDERAL ID NUMBER (IF APPLICABLE) CONTRACTOR LICENSE NUMBER
(IFAPPLICABLE)
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
ATTACHMENT A
PROPOSER’S CERTIFICATION, PROPOSAL ITEM PRICING
City of Santa Ana RFP No. 23-090A Page 40 of 47
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CITY OF SANTA ANA
List and describe fully the contracts performed by your firm which demonstrate your ability to provide the
supplies, equipment or services included in the scope of the proposal specifications. Attach additional
pages if required. The City reserves the right to contact each of the references listed for additional
information regarding your firm's qualifications.
REFERENCE
Customer Name:_________________________Contact Individual: ____________________________
Address: ________________________________Phone Number:
_______________________________ EMAIL: ____________________________________
Contract Amount: ________________________Year: ______________________________________
Description of supplies, equipment, or services provided:
__________________________________________________________________________________
REFERENCE
Customer Name:_________________________Contact Individual: ____________________________
Address: ________________________________Phone Number:
_______________________________ EMAIL: ____________________________________
Contract Amount: ________________________Year: ______________________________________
Description of supplies, equipment, or services provided:
__________________________________________________________________________________
REFERENCE
Customer Name:_________________________Contact Individual: ____________________________
Address: ________________________________Phone Number:
_______________________________ EMAIL: ____________________________________
Contract Amount: ________________________Year: ______________________________________
Description of supplies, equipment, or services provided:
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
ATTACHMENT B
REFERENCES
City of Santa Ana RFP No. 23-090A Page 41 of 47
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CITY OF SANTA ANA
Proposer understands and agrees that this written RFP (or any part thereof specifically designated and
accepted by the City of Santa Ana, hereinafter City) shall constitute the entire agreement between proposer
and the City only after it has been accepted by the City Council, endorsed by the Clerk of the Council with
her signature and official seal noting hereon the action of approval of the Council, signed by the Executive
Director or his duly authorized agent, and signed by the City Attorney, denoting his approval of the form of
this document, and its execution, and when it or an exact copy of it has been either delivered to proposer or
deposited with the United States Postal Service properly addressed to the proposer with the correct postage
affixed thereto.
Proposer further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish
City all required bonds and certificate of liability insurance within ten (10) days (excluding Saturdays,
Sundays and City’s legal holidays), or the funds, check, draft, or proposer’s bond substituted in lieu thereof
accompanying this proposal shall become the property of the City and shall be considered as payment of
damages due to the delay and other causes suffered by City because of the failure to furnish the necessary
bonds and because it is distinctly agreed that the proof of damages actually suffered by City is difficult to
ascertain; otherwise said funds, check drafts, or proposer’s bond substituted in lieu thereof shall be returned
to the undersigned.
Proposer understands that a proposal is required for the entire work, that the estimated quantities set forth
in the RFP schedule are solely for the purpose of comparing proposals, and that final compensation under
the contract will be based upon the actual quantities of work satisfactorily completed.
All terms contained in the specifications, the certification of nondiscrimination by contractors, and the
required insurance certificates are to be incorporated by reference into this agreement and are made
specifically as part of this RFP.
Firm________________________________________________________________________________
Signed and Printed Name: ______________________________________________________________
Title ________________________________________________________________________________
Date
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
ATTACHMENT C
PROPOSER’S STATEMENT
City of Santa Ana RFP No. 23-090A Page 42 of 47
EXHIBIT 1
CITY OF SANTA ANA
(Title 23 United States Code Section 112 and Public Contract Code Section 7106)
To the CITY OF SANTA ANA
In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the proposer
declares that the proposal is not made in the interest of, or on behalf of, any undisclosed person,
partnership, company, association, organization, or corporation; that the proposal is genuine and not
collusive or sham; that the proposer has not directly or indirectly induced or solicited any other proposer
to put in a false or sham proposal, and has not directly or indirectly colluded, conspired, connived or
agreed with any proposer or anyone else to put in a sham proposal, or that anyone shall refrain from
bidding; that the proposer has not in any manner, directly or indirectly, sought by agreement,
communication, or conference with anyone to fix the proposal price of the proposer or any proposer, or
to fix any overhead, profit, or cost element of the proposal price, or of that of any other proposer, or to
secure any advantage against the public body awarding the contract of anyone interested in the
proposed contract; that all statements contained in the proposal are true; and, further, that the proposer
has not, directly or indirectly, submitted his or her proposal price or any breakdown thereof, or the
contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any
corporation, partnership, company association, organization, bid depository, or to any member or agent
thereof to effectuate a collusive or sham proposal.
Note: The above non-collusion affidavit is part of the proposal. Signing this proposal on the signature
portion thereof shall also constitute signature of this non-collusion affidavit. Proposers are cautioned that
making a false certification may subject the certifier to criminal prosecution.
Signed____________________________________________________________________________
State of ________, County of __________________________________________________________
Subscribed and sworn to (or affirmed) before me on this________ day of_____________, 20____, by
________________________, proved to me on the basis of satisfactory evidence to be the person(s)
who appeared before me.
________________________
Notary Public Signature Notary Public Seal
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
ATTACHMENT D
NON-COLLUSION AFFIDAVIT
City of Santa Ana RFP No. 23-090A Page 43 of 47
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CITY OF SANTA ANA
The prospective participant certifies, by signing and submitting this bid or proposal, 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 Federal
agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member
of Congress in connection with the awarding of any Federal contract, the making of any Federal
grant, the making of any Federal loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan,
or cooperative agreement.
(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 Federal 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 of Lobbying Activities," in
conformance with its instructions.
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 prospective participant also agrees by submitting his or her bid or proposal that he or she shall
require that the language of this certification be included in all lower tier subcontracts, which exceed
$100,000 and that all such subrecipients shall certify and disclose accordingly.
Signed:
Title:
Firm:
Date:
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
ATTACHMENT E
NON-LOBBYING CERTIFICATION
City of Santa Ana RFP No. 23-090A Page 44 of 47
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CITY OF SANTA ANA
The undersigned consultant or corporate officer, during the performance of this contract, certifies as
follows:
1. The Consultant shall not discriminate against any employee or applicant for employment because of
race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that
applicants are employed, and that employees are treated during employment without, regard to their
race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the
following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising;
layoff or termination; rates of pay or other forms of compensation; and selection for training, including
apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and
applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination
clause.
2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of
the Consultant, state that all qualified applicants will receive consideration for employment without
regard to race, color, religion, sex, or national origin.
3. The Consultant shall send to each labor union or representative of workers with which he/she has a
collective bargaining agreement or other contract or understanding, a notice to be provided advising
the said labor union or workers’ representatives of the Consultant’s commitments under this section,
and shall post copies of the notice in conspicuous places available to employees and applicants for
employment.
4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965,
and of the rules, regulations, and relevant orders of the Secretary of Labor.
5. The Consultant shall furnish all information and reports required by Executive Order 11246 of
September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant
thereto, and will permit access to his/her books, records, and accounts by the administering agency
and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules,
regulations, and orders.
6. In the event of the Consultant’s non-compliance with the nondiscrimination clauses of this contract or
with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or
suspended in whole or in part and the Consultant may be declared ineligible for further Government
contracts or federally assisted construction contracts in accordance with procedures authorized in
Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and
remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule,
regulations, or order of the Secretary of Labor, or as otherwise provided by law.
7. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and
the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted
by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive
Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract
ATTACHMENT F
NON-DISCRIMINATION CERTIFICATION
City of Santa Ana RFP No. 23-090A Page 45 of 47
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CITY OF SANTA ANA
or purchase order as the administering agency may direct as means of enforcing such provisions,
including sanctions for noncompliance; provided, however, that in the event the Consultant becomes
involved in, or is threatened with, litigation with a subconsultant or vendor as a result of such direction
by the administering agency, the Consultant may request that the United States enter into such
litigation to protect the interests of the United States.
8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as
amended, no discrimination shall be made in the employment of persons upon public works because
of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital
status, or sex of such persons, except as provided in Section 1420, and any consultant of public
works violating this Section is subject to all the penalties imposed for a violation of the Chapter.
Signed:
Title:
Firm:
Date:
City of Santa Ana RFP No. 23-090A Page 46 of 47
EXHIBIT 1
CITY OF SANTA ANA
On April 4, 2022, the federal government stopped using the DUNS Number to uniquely identify entities.
Now, entities doing business with the federal government use the Unique Entity ID created in SAM.gov.
They no longer have to go to a third-party website to obtain their identifier. This transition allows the
government to streamline the entity identification and validation process, making it easier and less
burdensome for entities to do business with the federal government.
This RFP includes federal funding, and as such, the proposer must provide verification of their SAM.gov
UEI and registration status. Please attach your entity’s registration from SAM.gov, including UEI and
active registration status.
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
ATTACHMENT G
SAM.GOV UE VERIFICATION
City of Santa Ana RFP No. 23-090A Page 47 of 47
EXHIBIT 1
Page 1 of 10
AGREEMENT BETWEEN NATI’S HOUSE AND
CITY OF SANTA ANA FOR GANG PREVENTION AND INTERVENTION PROGRAM
SERVICES
THIS AGREEMENT is made and entered into on this day of , 2023 by
and between Nati’s House dba Neutral Ground, a California nonprofit corporation (“Consultant”),
and 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”). The City and Consultant shall be
collectively referred to as “Parties.”
RECITALS
A.On June 1, 2023, the City issued a Request for Proposal No. 23-090A (“RFP 23-090A”),
by which it sought qualified contractors to provide special skill and knowledge in the field
of gang prevention and intervention program services that promote a proactive,
preventative approach to addressing concerns with at-risk youth and gang activity.
B.Consultant submitted a responsive proposal that was among those selected by the City.
Consultant represents that Consultant is able and willing to provide services to the City that
were described in the scope of work included in RFP 23-090A.
C.In undertaking the performance of this Agreement, Consultant represents that it is
knowledgeable in its field and that any services performed by Consultant under this
Agreement will be performed in compliance with such standards as may reasonably be
expected from a professional consulting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the
terms and conditions hereinafter set forth, the parties agree as follows:
1.SCOPE OF SERVICES
Consultant shall perform during the term of this Agreement, the tasks and obligations
including all labor, materials, tools, equipment, and incidental customary work required to fully
and adequately complete the services described and set forth in the Scope of Work that was
included in RFP 23-090A, which is attached as Exhibit A, and incorporated in full, and as
summarized in Consultant’s Scope of Work and Budget, which is attached as Exhibit B and
incorporated in full.
2.COMPENSATION
a.City agrees to pay, and Consultant agrees to accept as total payment for its services for
City, the rates and charges identified in Exhibit B. The total amount to be expended
during the term of this Agreement shall not exceed $200,000 annually, for a total of
$400,000 including extension period. The total not-to-exceed amount for the aggregate
amount available to all the retained consultants shall be $800,000, including extension
period.
EXHIBIT 2
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b. Payment by City shall be made within forty-five (45) days following receipt of proper
invoice evidencing work performed, subject to City accounting procedures. Payment
need not be made for work which fails to meet the standards of performance set forth
in the Recitals which may reasonably be expected by City.
3. TERM
This Agreement shall commence on the date first written above for a one (1) year term
with the option for the City to grant up to a one , one (1) year renewal, exercisable by a writing
by the City Manager and the City Attorney, unless terminated earlier in accordance with Section
17, below.
4. PREVAILING WAGES
Consultant is aware of the requirements of California Labor Code Section 1720, et seq.,
and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq.,
(“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the
performance of other requirements on “public works” and “maintenance” projects. If the services
being performed are part of an applicable “public works” or “maintenance” project, as defined by
the Prevailing Wage Laws, and the total compensation is $1,000 or more, Consultant agrees to
fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the
City, its elected officials, officers, employees and agents free and harmless from any claim or
liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
5. INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an
independent Consultant and not an employee of the City. This Agreement is not intended nor shall
it be construed to create an employer-employee relationship, a joint venture relationship, or to
allow the City to exercise discretion or control over the professional manner in which Consultant
performs the services which are the subject matter of this Agreement; however, the services to be
provided by Consultant shall be provided in a manner consistent with all applicable standards and
regulations governing such services. Consultant shall pay all salaries and wages, employer's social
security taxes, unemployment insurance and similar taxes relating to employees and shall be
responsible for all applicable withholding taxes.
6. OWNERSHIP OF MATERIALS
This Agreement creates a non-exclusive and perpetual license for City to copy, use,
modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property
embodied in plans, specifications, studies, drawings, estimates, and other documents or works of
authorship fixed in any tangible medium of expression, including but not limited to, physical
drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or
caused to be prepared by Consultant under this Agreement (“Documents & Data”). Consultant
shall require all subcontractors to agree in writing that City is granted a non-exclusive and
perpetual license for any Documents & Data the subcontractor prepares under this Agreement.
EXHIBIT 2
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Consultant represents and warrants that Consultant has the legal right to license any and all
Documents & Data. Consultant makes no such representation and warranty in regard to
Documents & Data which were provided to Consultant by the City. City shall not be limited in
any way in its use of the Documents and Data at any time, provided that any such use not within
the purposes intended by this Agreement shall be at City’s sole risk.
7. INSURANCE
Minimum insurance requirements are as follows:
Certificate Holder must be addressed as follows:
City of Santa Ana
Risk Management Division
20 Civic Center Plaza
Santa Ana, CA 92702
Consultant 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 Consultant, his
agents, representatives, employees or subcontractors.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01
covering CGL on an “occurrence” basis, including products and completed operations,
property damage, bodily injury and personal & advertising injury with limits no less than
$1,000,000 per occurrence. If a general aggregate limit applies, either the general 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 any
auto (Code 1), or if Consultant has no owned autos, hired (Code 8) and non-owned (Code 9) autos,
with limit no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation insurance as required by the State of California, with
Statutory Limits, and Employers’ Liability insurance with a limit of no less than $1,000,000 per
accident for bodily injury or disease.
4. Professional Liability applicable to the work being performed, with a limit no less than
$1,000,000 per claim or occurrence and $2,000,000 aggregate per policy period of one year.
If the Consultant 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 Consultant. Any available insurance proceeds in excess of the specified
minimum limits of insurance and coverage shall be available to the City.
EXHIBIT 2
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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 Consultant 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 Consultant’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 if a later edition is used).
Primary Coverage
For any claims related to this contract, the Consultant’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, employees, or volunteers shall be excess of the Consultant’s insurance and
shall not contribute with it.
Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled,
except with notice to the City.
Waiver of Subrogation
Consultant hereby grants to City a waiver of any right to subrogation which any insurer
of said Consultant may acquire against the City by virtue of the payment of any loss under such
insurance. Consultant 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 Consultant 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.
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.
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.
EXHIBIT 2
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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 Consultant must
purchase “extended reporting” coverage for a minimum of five (5) years after completion of
contract work.
Verification of Coverage
Consultant 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 Consultant’s
obligation to provide them.
The City reserves the right to require complete, certified copies of all required insurance
policies, including endorsements required by these specifications, at any time.
Subcontractors
Consultant shall require and verify that all subcontractors maintain insurance meeting all
the requirements stated herein, and Consultant shall ensure that City is an additional insured on
insurance required from subcontractors.
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.
8. INDEMNIFICATION
Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers,
agents, employees, contractors, special counsel, and representatives from liability: (1) for personal
injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for
personal injury, including death, and claims for property damage, which may arise from the
negligent operations of the Consultant, its subcontractors, agents, employees, or other persons
acting on its behalf which relates to the services described in section 1 of this Agreement; and (2)
from any claim that personal injury, damages, just compensation, restitution, judicial or equitable
relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and
hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial
or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in
this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant
further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including
fees and costs for special counsel to be selected by the City, regarding any action by a third party
challenging the validity of this Agreement, or asserting that personal injury, damages, just
compensation, restitution, judicial or equitable relief due to personal or property rights arises by
reason of the terms of, or effects arising from this Agreement. City may make all reasonable
decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing,
to the extent Consultant’s services are subject to Civil Code Section 2782.8, the above indemnity
EXHIBIT 2
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shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of,
pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant.
9. INTELLECTUAL PROPERTY INDEMNIFICATION
Consultant shall defend and indemnify the City, its officers, agents, representatives, and
employees against any and all liability, including costs, for infringement of any United States’
letters patent, trademark, or copyright infringement, including costs, contained in the work product
or documents provided by Consultant to the City pursuant to this Agreement.
10. RECORDS
Consultant shall keep records and invoices in connection with the work to be performed
under this Agreement. Consultant shall maintain complete and accurate records with respect to
the costs incurred under this Agreement and any services, expenditures, and disbursements
charged to the City for a minimum period of three (3) years, or for any longer period required by
law, from the date of final payment to Consultant under this Agreement. All such records and
invoices shall be clearly identifiable. Consultant shall allow a representative of the City to
examine, audit, and make transcripts or copies of such records and any other documents created
pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all
work, data, documents, proceedings, and activities related to this Agreement for a period of three
(3) years from the date of final payment to Consultant under this Agreement.
11. CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such
information is reasonably understood to be confidential and/or proprietary, Consultant agrees that
it shall not use or disclose such information except in the performance of this Agreement, and
further agrees to exercise the same degree of care it uses to protect its own information of like
importance, but in no event less than reasonable care. “Confidential Information” shall include all
nonpublic information. Confidential information includes not only written information, but also
information transferred orally, visually, electronically, or by other means. Confidential
information disclosed to either party by any subsidiary and/or agent of the other party is covered
by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any
information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the
Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant
without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e)
is independently developed by the Consultant without reference to information disclosed by the
City.
12. CONFLICT OF INTEREST CLAUSE
Consultant covenants that it presently has no interests and shall not have interests, direct
or indirect, which would conflict in any manner with performance of services specified under this
Agreement.
EXHIBIT 2
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13. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement
shall be in writing and shall be deemed to be properly given if delivered in person or mailed by
first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in
the manner provided in this Section, to the following persons:
To City: City Clerk
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Executive Director
Community Development Agency
City of Santa Ana
20 Civic Center Plaza (M-25)
P.O. Box 1988
Santa Ana, CA 92702
To Consultant: Natividad Alvarado
Chief Executive Officer
Nati’s House dba Neutral Ground
1920 E. 17th Street
Santa Ana, CA, 92705
Fax:
A party may change its address by giving notice in writing to the other party. Thereafter,
any communication shall be addressed and transmitted to the new address. If sent by mail,
communication shall be effective or deemed to have been given three (3) days after it has been
deposited in the United States mail, duly registered or certified, with postage prepaid, and
addressed as set forth above. If sent by fax, communication shall be effective or deemed to have
been given twenty-four (24) hours after the time set forth on the transmission report issued by the
transmitting facsimile machine, addressed as set forth above. For purposes of calculating these
time frames, weekends, federal, state, County or City holidays shall be excluded
14. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Consultant, and supersedes any and all other agreements, oral or written, between the parties. In
the event of a conflict between the terms of this Agreement and any attachments hereto, the terms
of this Agreement shall prevail. This Agreement may not be modified except by written instrument
signed by the City and by an authorized representative of Consultant. The parties agree that any
terms or conditions of any purchase order or other instrument that are inconsistent with, or in
addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. 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
EXHIBIT 2
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party, which is not embodied herein.
15. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Consultant,
Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior
written consent of the City and any such assignment, transfer, delegation or subcontract without
the City's prior written consent shall be considered null and void. Nothing in this Agreement shall
be construed to limit the City’s ability to have any of the services which are the subject to this
Agreement performed by City personnel or by other Consultants retained by City.
16. WAIVER
No waiver of breach, failure of any condition, or any right or remedy contained in or
granted by the provisions of this Agreement shall be effective unless it is in writing and signed by
the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or
remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not
similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.
17. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of
termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant
compensation for all services performed by Consultant prior to receipt of such notice of
termination, subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Consultant to
deliver to the City all work product(s) completed as of such date, and in such case
such work product shall be the property of the City unless prohibited by law, and
Consultant consents to the City's use thereof for such purposes as the City deems
appropriate.
b. Payment need not be made for work which fails to meet the standard of
performance specified in the Recitals of this Agreement.
18. NON-DISCRIMINATION
Consultant shall not discriminate because of race, color, creed, religion, sex, marital status,
sexual orientation, gender identity, gender expression, gender, medical conditions, genetic
information, or military and veteran status, age, national origin, ancestry, o r disability, as defined
and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization,
promotion, termination or other employment related activities or any services provided under this
Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all
applicable federal, state and local laws and regulations.
EXHIBIT 2
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19. JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of California and the validity,
interpretation, performance, and enforcement of any of the clauses of this Agreement shall be
determined and governed by the laws of the State of California. Both parties further agree that
Orange County, California, shall be the venue for any action or proceeding that may be brought or
arise out of, in connection with or by reason of this Agreement.
20. PROFESSIONAL LICENSES
Consultant shall, throughout the term of this Agreement, maintain all necessary licenses,
permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder
and required by the laws and regulations of the United States, the State of California, the City of
Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and
in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and
exemptions. Said inability shall be cause for termination of this Agreement.
21. FUNDING-RELATED PROVISIONS
Funds from the Coronavirus State Fiscal Recovery Fund and/or the Coronavirus Local
Fiscal Recovery Fund, together known as the Coronavirus State and Local Fiscal Recovery Funds
(“CSLFRF”) program, will be used to fund all or a portion of this Agreement. As applicable,
Consultant shall comply with all federal requirements including, but not limited to, the following,
all of which are expressly incorporated herein by reference:
a. Sections 602 and 603 of the Social Security Act as added by Section 9901 of the
American Rescue Plan Act of 2021 (the “Act”);
b. U.S. Department of the Treasury (“Treasury”) Final Rule for the Act;
c. Treasury Compliance and Reporting Guidance for the Act;
d. 2 C.F.R. Part 200 – Uniform Administrative Requirements, Cost Principles, and
Audit Requirements for Federal Awards, other than such provisions as the U.S. Department of the
Treasury may determine are inapplicable to the CSLFRF program and subject to such exceptions
as may be otherwise provided by the U.S. Department of the Treasury;
e. Treasury Coronavirus Local Fiscal Recovery Fund Award Terms and Conditions;
and
f. Federal contract provisions attached hereto as Exhibit C and incorporated herein
by reference.
Subcontracts, if any, shall contain a provision making them subject to all of the provisions
stipulated in this Agreement. With respect to any conflict between such federal requirements and
the terms of this Agreement and/or the provisions of state law and except as otherwise required
EXHIBIT 2
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under federal law or regulation, the more stringent requirement shall control.
22. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the
power, authority and right to bind their respective parties to each of the terms of
this Agreement, and shall indemnify City 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.
b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully
set forth in the body of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first
above written.
ATTEST: CITY OF SANTA ANA
Jennifer Hall
City Clerk City Manager
APPROVED AS TO FORM:
SONIA R. CARVALHO CONSULTANT: NATI’S HOUSE DBA
City Attorney NEUTRAL GROUND
By:
Andrea Garcia-Miller By: Natividad Alvarado
Assistant City Attorney Title: Chief Executive Officer
RECOMMENDED FOR APPROVAL:
Michael Garcia
Executive Director
Community Development Agency
EXHIBIT 2
EXHIBIT A
Scope of Work
EXHIBIT 2
EXHIBIT 2
CITY OF SANTA ANA
III. PARTNERSHIPS
A. Relationship Building
Limited partnerships whose general partners are otherwise eligible under the above are also
eligible for Program funds.
B. Performance Monitoring
Grantee shall furnish all data, statements, records, information, and reports necessary for the
City to monitor, review and evaluate the performance of the Scope of Services and its
components. Grantee shall cooperate with the City in the conduct of any evaluation of
Grantee's Services. Grantee shall further cooperate to incorporate minor modifications that may
be discovered as necessary and appropriate as a result of feedback from the monitoring and
evaluation process. Grantee recognizes and agrees that an evaluation of the Scope of Services
may be completed after the expiration of the Term. The City shall have the right to request the
services of an outside agent to assist in any such evaluation. Such evaluation services shall be
paid for by the City.
1. Grantee shall submit regular Progress Reports regarding Grantee’s performance and
compliance under this Agreement.
2. In addition to the Progress Reports required hereunder, Grantee shall participate in a client
result evaluation (the "Evaluation") for the Scope of Services encompassing the Grantee’s
performance during the entire Term. The Evaluation will be conducted in accordance with
an Evaluation plan approved by the Manager. Grantee shall cooperate with the City in
the development of the Evaluation plan and in its implementation.
3. In the event funding for another cycle is appropriated in future fiscal years, Grantee
acknowledges and agrees that Grantee's future funding, if any, may be determined based
on participation results of the evaluation processes described in this Section. The City
shall use data in the evaluation of the Grantee's current performance and for the
development of future performance targets, consistent with the evaluation system.
4. The Manager or his/her designee shall monitor the Grantee’s progress and performance
of this Agreement. All services agreed to be performed by Grantee shall be conducted as
set forth in this Section. The Parties agree that substantial involvement is expected
between the Manager and the Grantee when carrying out the Scope of Services.
5. Grantee’s staff shall prioritize any referrals submitted by the Manager of the Homeless
Services Division or assigned staff, that pertain to the services provided by the Grantee
under the terms of the Agreement.
C. Wrap-Around Supportive Services
One of the most important elements of the Gang Prevention and Intervention Program is
ongoing supportive services that are “wrapped around” at-risk youth and their families.
Service provider’s responsibilities in the course of this program shall include, but not be
limited to:
a. Performing outreach and intake of targeted individuals for participation in the
Program;
City of Santa Ana RFP No. 23-090A Page 23 of 47
EXHIBIT 2
CITY OF SANTA ANA
b. Assessing youth and their families to prescribe/refer to services;
c. Performing case management services for at-risk youth that will remove
barriers to the successful achievement of independent living skills, attainment
of employment skills, and greater self-determination;
Supportive Services are defined as services provided for the purpose of addressing
the tenants’ condition of homelessness and enhancing the tenants' ability to maintain
independent living. Supportive services must address the special needs of the tenants to be
served. Typical services may include, but are not limited to:
a. Mental healthcare;
b. Trauma-Informed care
c. Advocacy and resource support and assistance such as
i. Temporary Assistance to Needy Families (TANF),
ii. General Assistance,
iii. Cal Fresh,
iv. Money management/payee services;
v. Nutritional counseling; and
vi. Assistance in obtaining other resources and support for at-risk youth
and their families such as clothing, and transportation, job training
and job placement.
These services must be be provided directly or by arrangement with other service providers.
D. Eligible Uses and Activities
Program funds can be used to enter into an Agreement with eligible organizations that will provide
the requested services.
E. Compliance with Federal and Local Regulations
All projects must comply with all applicable federal requirements contained in Exhibit III and 24
CFR 982, including, but not limited to, environmental review, labor and wage requirements,
debarred contractors, lead-based paint and equal opportunity. Awardees should note:
Contract Requirements: All work shall be completed by licensed contractors
Labor Standards: Contracts over $10,000 must comply with Equal Opportunity-Affirmative
Action requirements. All efforts shall be made to provide equal opportunity for employment without
discrimination as to race, marital status, sex, color, age, religion, national origin or ancestry, and
to seek out qualified local tradespeople for contracting and subcontracting bids.
Accessibility: All projects must comply with the federal Section 504 Disabled Accessibility
regulations contained in Sections 8.22 and 8.23 of Subpart C, 24 CFR Part 8.
F. Employement Opportunities to Santa Ana Residents
Vendor(s) shall solicit and advertise employment opportunities to Santa Ana residents. The City
shall inform the Vendor(s) of areas to publicize recruitment opportunities, such as the Santa Ana
WORK Center and community centers. Such effort and procedure will be provided to the City for
review.
City of Santa Ana RFP No. 23-090A Page 24 of 47
EXHIBIT 2
EXHIBIT B
Consultant’s Scope of Work and Budget
EXHIBIT 2
EXHIBIT 2
Organization Name
Program Name
Expenditures
Funded By
Santa Ana
CDBG
Expenditures
Funded By
Other Sources
Program
Budget
Total
Organization
Budget
$137,280 $137,280
$0 $0
$1,500 $1,500
$2,000 $2,000
$1,530 $1,530
$1,500 $1,500
$8,000 $8,000
$30,000 $30,000
$181,810 $181,810
Indirect Costs 10%$18,181 $18,181
$199,991 $199,991
* Indirect cost rate:10%
TOTAL 199,991$
NG Gear/ Merchandise
FISCAL YEAR 2023-2024
PROGRAM BUDGET
Gang Prevention and Intervention
Natis House dba Neutral Ground
EXPENDITURES
Enter budget categories and projected expenditures for the proposed program:
Category
Administrative Staff Salaries
Program Staff Salaries
Contractual/Professional Services
Office Supplies
Funding Source Total must equal Program Budget Total listed above.
Excursions
Food Resources
Insurance
Office Space Rental
TOTAL Direct Costs
PROGRAM RESOURCES
LIST ALL OTHER PROGRAM RESOURCES FOR 2023-2024
TOTAL BUDGET
Non-Federal entity without federaly recognized negotiated indirect
cost rate, will charge a de minimis rate of 10% of modified total direct
costs.
FUNDING SOURCE
The City
AMOUNT
199,991$
EXHIBIT 2
ADMINISTRATIVE STAFF
Position Title
Annual Salary
& Benefits
Revive Funds
Requested Description
PROGRAM STAFF
Position Title
Annual Salary
& Benefits
Revive Funds
Requested Description
Family Case Manager $ 32,032 $ 32,032 Part-Time position
Community Intervention
Workers $ 105,248 $ 105,248 2 Full-Time positions
Type of Service
Contract
Amount
Revive Funds
Requested Description
OTHER LINE ITEMS
Line Item
Program
Amount
Revive Funds
Requested Description
Office Supplies $ 1,500 $ 1,500 office supplies for programmatic purposesNe tral Gro n
/merchandise $ 2,000 $ 2,000 gear/merchandise for programmatic purposes
Excursions $ 1,530 $ 1,530 field trips for participants
Food Resources $ 1,500 $ 1,500 food/snacks for participants
Insurance $ 8,000 $ 8,000 insurance for program
Office Space Rental $ 30,000 $ 30,000 space rental for program
2023-2024 REVIVE BUDGET LINE ITEMS
CONTRACTUAL/PROFESSIONAL SERVICES
EXHIBIT 2
EXHIBIT C
FEDERAL CONTRACT PROVISIONS
During the performance of this Agreement, Consultant shall comply with all applicable federal
laws and regulations including, but not limited to, the federal contract provisions in this Exhibit.
1. REQUIRED CONTRACT PROVISIONS IN ACCORDANCE WITH APPENDIX II
TO PART 200 – CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY
CONTRACTS UNDER FEDERAL AWARDS (2 C.F.R. § 200.327)
(a) Appendix II to Part 200 (A); Appendix II to Part 200 (B): Remedies for Breach;
Termination for Cause/Convenience. The Contract Documents include remedies for breach and
termination for cause and convenience.
(b) Appendix II to Part 200 (C) – Equal Employment Opportunity: If this Agreement
meets the definition of a “federal assisted construction contract” in 41 CFR § 60-1.3, Consultant
agrees as follows during the performance of this Agreement:
(i) The Consultant will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, sexual orientation, gender identity, or national
origin. The Consultant will take affirmative action to ensure that applicants are employed, and that
employees are treated during employment without regard to their race, color, religion, sex, sexual
orientation, gender identity, or national origin. Such action shall include, but not be limited to the
following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising;
layoff or termination; rates of pay or other forms of compensation; and selection for training,
including apprenticeship. The Consultant agrees to post in conspicuous places, available to
employees and applicants for employment, notices to be provided setting forth the provisions of
this nondiscrimination clause.
(ii) The Consultant will, in all solicitations or advertisements for employees
placed by or on behalf of the Consultant, state that all qualified applicants will receive
consideration for employment without regard to race, color, religion, sex, sexual orientation,
gender identity, or national origin.
(iii) The Consultant will not discharge or in any other manner discriminate
against any employee or applicant for employment because such employee or applicant has
inquired about, discussed, or disclosed the compensation of the employee or applicant or another
employee or applicant. This provision shall not apply to instances in which an employee who has
access to the compensation information of other employees or applicants as a part of such
employee's essential job functions discloses the compensation of such other employees or
applicants to individuals who do not otherwise have access to such information, unless such
disclosure is in response to a formal complaint or charge, in furtherance of an investigation,
proceeding, hearing, or action, including an investigation conducted by the employer, or is
consistent with the Consultant's legal duty to furnish information.
(iv) The Consultant will send to each labor union or representative of workers
with which he has a collective bargaining agreement or other contract or understanding, a notice
to be provided advising the said labor union or workers' representatives of the Consultant's
EXHIBIT 2
commitments under this section, and shall post copies of the notice in conspicuous places available
to employees and applicants for employment.
(v) The Consultant will comply with all provisions of Executive Order 11246
of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
(vi) The Consultant will furnish all information and reports required by
Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the
Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts
by the administering agency and the Secretary of Labor for purposes of investigation to ascertain
compliance with such rules, regulations, and orders.
(vii) In the event of the Consultant's noncompliance with the nondiscrimination
clauses of this Agreement or with any of the said rules, regulations, or orders, this Agreement may
be canceled, terminated, or suspended in whole or in part and the Consultant may be declared
ineligible for further Government contracts or federally assisted construction contracts in
accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such
other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of
September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise
provided by law.
(viii) The Consultant will include the portion of the sentence immediately
preceding paragraph (i) and the provisions of paragraphs (i) through (vii) in every subcontract or
purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued
pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions
will be binding upon each subcontractor or vendor. The Consultant will take such action with
respect to any subcontract or purchase order as the administering agenc y may direct as a means of
enforcing such provisions, including sanctions for noncompliance:
Provided, however, that in the event the Consultant becomes involved in, or is threatened with,
litigation with a subcontractor or vendor as a result of such direction by the administering agency,
the Consultant may request the United States to enter into such litigation to protect the interests of
the United States.
The City further agrees that it will be bound by the above equal opportunity clause with respect to
its own employment practices when it participates in federally assisted construction work:
Provided, That if the City so participating is a State or local government, the above equal
opportunity clause is not applicable to any agency, instrumentality or subdivision of such
government which does not participate in work on or under the Agreement.
The City agrees that it will assist and cooperate actively with the administering agency and the
Secretary of Labor in obtaining the compliance of the Consultant and subcontractors with the equal
opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it
will furnish the administering agency and the Secretary of Labor such information as they may
EXHIBIT 2
require for the supervision of such compliance, and that it will otherwise assist the administering
agency in the discharge of the agency's primary responsibility for securing compliance.
The City further agrees that it will refrain from entering into any contract or contract modification
subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who
has not demonstrated eligibility for, Government contracts and federally assisted construction
contracts pursuant to the Executive Order and will carry out such sanctions and penalties for
violation of the equal opportunity clause as may be imposed upon contractors and subcontractors
by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the
Executive Order. In addition, the City agrees that if it fails or refuses to comply with these
undertakings, the administering agency may take any or all of the following actions: cancel,
terminate, or suspend in whole or in part the grant (contract, loan, insurance, guarantee) for this
project; refrain from extending any further assistance to the applicant under the program with
respect to which the failure or refund occurred until satisfactory assurance of future compliance
has been received from such applicant; and refer the case to the Department of Justice for
appropriate legal proceedings.
(c) Appendix II to Part 200 (D) – Davis-Bacon Act: Not applicable to this Agreement
since it is funded by CSLFRF.
(d) Appendix II to Part 200 (D) – Copeland “Antti-Kickback” Act: Not applicable to
this Agreement since it is funded by CSLFRF.
(e) Appendix II to Part 200 (E) – Contract Work Hours and Safety Standards Act:
(i) Overtime Requirements. No contractor or subcontractor contracting for any
part of the contract work which may require or involve the employment of laborers or mechanics
shall require or permit any such laborer or mechanic in any workweek in which he or she is
employed on such work to work in excess of forty hours in such workweek unless such laborer or
mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay
for all hours worked in excess of forty hours in such workweek.
(ii) Violation; liability for unpaid wages; liquidated damages. In the event of
any violation of the clause set forth in paragraph (ii) of this section the Consultant and any
subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor
and subcontractor shall be liable to the United States (in the case of work done under contract for
the District of Columbia or a territory, to such District or to such territory), for liquidated damages.
Such liquidated damages shall be computed with respect to each individual laborer or mechanic,
including watchmen and guards, employed in violation of the clause set forth in paragraph (ii) of
this section, in the sum of $10 for each calendar day on which such individual was required or
permitted to work in excess of the standard workweek of forty hours without payment of the
overtime wages required by the clause set forth in paragraph (ii) of this section.
(iii) Withholding for unpaid wages and liquidated damages. The City shall upon
its own action or upon written request of an authorized representative of the Department of Labor
EXHIBIT 2
withhold or cause to be withheld, from any moneys payable on account of work performed by the
Consultant or subcontractor under any such contract or any other Federal contract with the
Consultant, or any other federally-assisted contract subject to the Contract Work Hours and Safety
Standards Act, which is held by the Consultant, such sums as may be determined to be necessary
to satisfy any liabilities of Consultant or subcontractor for unpaid wages and liquidated damages
as provided in the clause set forth in paragraph (iii) of this section.
(iv) Subcontracts. The Consultant or subcontractor shall insert in any
subcontracts the clauses set forth in paragraph (ii) through (v) of this Section and also a clause
requiring the subcontractors to include these clauses in any lower tier subcontracts. The Consultant
shall be responsible for compliance by any subcontractor or lower tier subcontractor with the
clauses set forth in paragraphs (ii) through (v) of this Section.
(f) Appendix II to Part 200 (F) – Rights to Inventions Made Under a Contract or
Agreement: If the Federal award meets the definition of “funding agreement” under 37 CFR §
401.2 (a) and the Consultant wishes to enter into a contract with a small business firm or nonprofit
organization regarding the substitution of parties, assignment or performance of experimental,
developmental, or research work under that “funding agreement,” the Consultant must comply
with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations
and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,”
and any implementing regulations issued by the awarding agency..
(g) Appendix II to Part 200 (G) – Clean Air Act and Federal Water Pollution Control
Act:
(i) Pursuant to the Clean Air Act, (1) Consultant agrees to comply with all
applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42
U.S.C. § 7401 et seq., (2) Consultant agrees to report each violation to the City and understands
and agrees that the City will, in turn, report each violation as required to assure notification to the
Federal awarding agency and the appropriate Environmental Protection Agency Regional Office,
and (3) Consultant agrees to include these requirements in each subcontract exceeding $150,000.
(ii) Pursuant to the Federal Water Pollution Control Act, (1) Consultant agrees
to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water
Pollution Control Act, as amended, 33 U.S.C. 1251 et seq., (2) Consultant agrees to report each
violation to the City and understands and agrees that the City will, in turn, report each violation as
required to assure notification to the Federal awarding agency and the appropriate Environmental
Protection Agency Regional Office, and (3) Consultant agrees to include these requirements in
each subcontract exceeding $150,000.
(h) Appendix II to Part 200 (H) – Debarment and Suspension:
(i) This Agreement is a covered transaction for purposes of 2 C.F.R. pt. 180
and 2 C.F.R. pt. 3000. As such Consultant is required to verify that none of the Consultant, its
principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are
excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935).
EXHIBIT 2
(ii) Consultant must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt.
3000, subpart C and must include a requirement to comply with these regulations in any lower tier
covered transaction it enters into.
(iii) This certification is a material representation of fact relied upon by City. If
it is later determined that Consultant did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R.
pt. 3000, subpart C, in addition to remedies available to the City, the Federal Government may
pursue available remedies, including but not limited to suspension and/or debarment.
(iv) Consultant warrants that it is not debarred, suspended, or otherwise
excluded from or ineligible for participation in any federal programs. Consultant also agrees to
verify that all subcontractors performing work under this Agreement are not debarred, disqualified,
or otherwise prohibited from participation in accordance with the requirements above. Consultant
further agrees to notify the City in writing immediately if Consultant or its subcontractors are not
in compliance during the term of this Agreement.
(i) Appendix II to Part 200 (I) – Byrd Anti-Lobbying Act: Consultants that apply or
bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the
tier above that it will not and has not used Federal appropriated funds to pay any person or
organization for influencing or attempting to influence an officer or employee of any agency, a
member of Congress, officer or employee of Congress, or an employee of a member of Congress
in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C.
1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in
connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up
to the recipient who in turn will forward the certification(s) to the awarding agency.
(j) Appendix II to Part 200 (J) – §200.323 Procurement of Recovered Materials:
(i) Consultant shall comply with section 6002 of the Solid Waste Disposal Act,
as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002
include procuring only items designated in guidelines of the Environmental Protection Agency
(EPA) at 40 C.F.R. part 247 that contain the highest percentage of recovered materials practicable,
consistent with maintaining a satisfactory level of competition, where the purchase price of the
item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year
exceeded $10,000; procuring solid waste management services in a manner that maximizes energy
and resource recovery; and establishing an affirmative procurement.
(ii) In the performance of this Agreement, the Consultant shall make maximum
use of products containing recovered materials that are EPA-designated items unless the product
cannot be acquired: competitively within a timeframe providing for compliance with the contract
performance schedule; meeting contract performance requirements; or at a reasonable price.
(iii) Information about this requirement, along with the list of EPA-designate
items, is available at EPA’s Comprehensive Procurement Guidelines web site,
https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program.
(iv) The Consultant also agrees to comply with all other applicable requirements
of Section 6002 of the Solid Waste Disposal Act.”
EXHIBIT 2
(k) Appendix II to Part 200 (K) – §200.216 Prohibition on Certain
Telecommunications and Video Surveillance Services or Equipment:
(i) Consultant shall not contract (or extend or renew a contract) to procure or
obtain equipment, services, or systems that uses covered telecommunications equipment or
services as a substantial or essential component of any system, or as critical technology as part of
any system funded under this Agreement. As described in Public Law 115–232, section 889,
covered telecommunications equipment is telecommunications equipment produced by Huawei
Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities).
(1) For the purpose of public safety, security of government facilities,
physical security surveillance of critical infrastructure, and other national security purposes, video
surveillance and telecommunications equipment produced by Hytera Communications
Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company
(or any subsidiary or affiliate of such entities).
(2) Telecommunications or video surveillance services provided by
such entities or using such equipment.
(3) Telecommunications or video surveillance equipment or services
produced or provided by an entity that the Secretary of Defense, in consultation with the Director
of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably
believes to be an entity owned or controlled by, or otherwise connected to, the government of a
covered foreign country.
(ii) See Public Law 115-232, section 889 for additional information.
(l) Appendix II to Part 200 (L) – §200.322 Domestic Preferences for Procurement:
(i) Consultant shall, to the greatest extent practicable, purchase, acquire, or use
goods, products, or materials produced in the United States (including but not limited to iron,
aluminum, steel, cement, and other manufactured products). The requirements of this section must
be included in all subcontracts.
(ii) For purposes of this section:
(1) “Produced in the United States’’ means, for iron and steel products,
that all manufacturing processes, from the initial melting stage through the application of coatings,
occurred in the United States.
(2) ‘‘Manufactured products’’ means items and construction materials
composed in whole or in part of nonferrous metals such as aluminum; plastics and polymer-based
products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical
fiber; and lumber.
2. CONTRACTING WITH SMALL AND MINORITY FIRMS, WOMEN’S
BUSINESS ENTERPRISE AND LABOR SURPLUS AREA FIRMS (2 C.F.R. § 200.321)
EXHIBIT 2
(a) Consultant shall be subject to 2 C.F.R. § 200.321 and will take affirmative steps to
assure that minority firms, women’s business enterprises, and labor surplus area firms are used
when possible and will not be discriminated against on the grounds of race, color, religious creed,
sex, or national origin in consideration for an award.
(b) Affirmative steps shall include:
(i) Placing qualified small and minority businesses and women's business
enterprises on solicitation lists;
(ii) Assuring that small and minority businesses, and women's business
enterprises are solicited whenever they are potential sources;
(iii) Dividing total requirements, when economically feasible, into smaller tasks
or quantities to permit maximum participation by small and minority business, and women's
business enterprises;
(iv) Establishing delivery schedules, where the requirement permits, which
encourage participation by small and minority business, and women's business enterprises; and
(v) Using the services/assistance of the Small Business Administration (SBA),
and the Minority Business Development Agency (MBDA) of the Department of Commerce.
(c) Consultant shall submit evidence of compliance with the foregoing affirmative
steps when requested by the City.
3. COMPLIANCE WITH U.S. DEPARTMENT OF THE TREASURY
CORONAVIRUS LOCAL FISCAL RECOVERY FUND AWARD TERMS AND
CONDITIONS
(a) Maintenance of and Access to Records. Consultant shall maintain records and
financial documents sufficient to evidence compliance with section 603(c) of the Act, Treasury’s
regulations implementing that section, and guidance issued by Treasury regarding the foregoing.
Consultant agrees to provide the City, Treasury Office of Inspector Gene ral and the Government
Accountability Office, or any of their authorized representatives access to any books, documents,
papers, and records (electronic an otherwise) of the Consultant which are directly pertinent to this
Agreement for the purposes of conducting audits or other investigations. Records shall be
maintained by Consultant for a period of five (5) years after completion of the Project.
(b) Compliance with Federal Regulations. Consultant agrees to comply with the
requirements of section 603 of the Act, regulations adopted by Treasury pursuant to section 603(f)
of the Act, and guidance issued by Treasury regarding the foregoing. Consultant also agrees to
comply with all other applicable federal statutes, regulations, and executive orders, including,
without limitation, the following:
(i) Universal Identifier and System for Award Management (SAM), 2 C.F.R.
Part 25, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 25 is hereby
incorporated by reference.
EXHIBIT 2
(ii) Reporting Subaward and Executive Compensation Information, 2 C.F.R.
Part 170, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 170 is hereby
incorporated by reference.
(iii) OMB Guidelines to Agencies on Governmentwide Debarment and
Suspension (Nonprocurement), 2 C.F.R. Part 180, including the requirement to include a term or
condition in all lower tier covered transactions (contracts and subcontracts described in 2 C.F.R.
Part 180, subpart B) that the award is subject to 2 C.F.R. Part 180 and Treasury’s implementing
regulation at 31 C.F.R. Part 19.
(iv) Recipient Integrity and Performance Matters, pursuant to which the award
term set forth in 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated by reference.
(v) Governmentwide Requirements for Drug-Free Workplace, 31 C.F.R. Part
20.
(vi) New Restrictions on Lobbying, 31 C.F.R. Part 21.
(vii) Uniform Relocation Assistance and Real Property Acquisitions Act of 1970
(42 U.S.C. §§ 4601-4655) and implementing regulations.
(c) Compliance with Federal Statutes and Regulations Prohibiting Discrimination.
Consultant agrees to comply with statutes and regulations prohibiting discrimination applicable to
the CSLFRF program including, without limitation, the following:
(i) Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and
Treasury’s implementing regulations at 31 C.F.R. Part 22, which prohibit discrimination on the
basis of race, color, or national origin under programs or activities receiving federal financial
assistance.
(ii) The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C.
§§ 3601 et seq.), which prohibits discrimination in housing on the basis of race, color, religion,
national origin, sex, familial status, or disability.
(iii) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §
794), which prohibits discrimination on the basis of disability under any program or activity
receiving federal financial assistance.
(iv) The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et
seq.), and Treasury’s implementing regulations at 31 C.F.R. Part 23, which prohibit discrimination
on the basis of age in programs or activities receiving federal financial assistance.
(v) Title II of the Americans with Disabilities Act of 1990, as amended (42
U.S.C. §§ 12101 et seq.), which prohibits discrimination on the basis of disability under programs,
activities, and services provided or made available by state and local governments or
instrumentalities or agencies thereto.
EXHIBIT 2
(d) False Statements. Consultant understands that making false statements or claims
in connection with the CSLFRF program is a violation of federal law and may result in criminal,
civil, or administrative sanctions, including fines, imprisonment, civil damages and penalties,
debarment from participating in federal awards or contracts, and/or any other remedy available by
law.
(e) Protections for Whistleblowers.
(i) In accordance with 41 U.S.C. § 4712, Consultant may not discharge,
demote, or otherwise discriminate against an employee in reprisal for disclosing to any of the list
of persons or entities provided below, information that the employee reasonably believes is
evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds, an
abuse of authorit y relating to a federal contract or grant, a substantial and specific danger to public
health or safety, or a violation of law, rule, or regulation related to a federal contract (including the
competition for or negotiation of a contract) or grant.
(ii) The list of persons and entities referenced in the paragraph above includes
the following:
(1) A member of Congress or a representative of a committee of
Congress;
(2) An Inspector General;
(3) The Government Accountability Office;
(4) A Treasury employee responsible for contract or grant oversight or
management;
(5) An authorized official of the Department of Justice or other law
enforcement agency;
(6) A court or grand jury; or
(7) A management official or other employee of Consultant, or a
subcontractor who has the responsibility to investigate, discover, or address misconduct.
(f) Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043,
62 FR 19217 (Apr. 18, 1997), Consultant is encouraged to adopt and enforce on-the-job seat belt
policies and programs for their employees when operating company-owned, rented or personally
owned vehicles, and encourage its subcontractors to do the same
(g) Reducing Text Messaging While Driving. Pursuant to Executive Order 13513, 74
FR 51225 (Oct. 6, 2009), Consultant should encourage its employees and subcontractors to adopt
and enforce policies that ban text messaging while driving, and Consultant should establish
workplace safety policies to decrease accidents caused by distracted drivers.
EXHIBIT 2
(h) Assurances of Compliance with Civil Rights Requirements. The Civil Rights
Restoration Act of 1987 provides that the provisions of this assurance apply to the Project,
including, but not limited to, the following:
(i) Consultant ensures its current and future compliance with Title VI of the
Civil Rights Act of 1964, as amended, which prohibits exclusion from participation, denial of the
benefits of, or subjection to discrimination under programs and activities receiving federal funds,
of any person in the United States on the ground of race, color, or national origin (42 U.S.C. §
2000d et seq.), as implemented by the Department of the Treasury Title VI regulations at 31 CFR
Part 22 and other pertinent executive orders such as Executive Order 13166; directives; circulars;
policies; memoranda and/or guidance documents.
(ii) Consultant acknowledges that Executive Order 13166, “Improving Access
to Services for Persons with Limited English Proficiency (LEP),” seeks to improve access to
federally assisted programs and activities for individuals who, because of national origin, are
limited in their English proficiency. Consultant understands that the denial of access to persons to
its programs, services and activities because of their limited proficiency in English is a form of
national origin discrimination prohibited under Title VI of the Civil Rights Act of 1964.
Accordingly, Consultant shall initiate reasonable steps, or comply with Treasury’s directives, to
ensure meaningful access to its programs, services and activities to LEP persons. Consultant
understands and agrees that meaningful access may entail providing language assistance services,
including oral interpretation and written translation where necessary to ensure effective
communication in the Project.
(iii) Consultant agrees to consider the need for language services for LEP
persons during development of applicable budgets and when conducting programs, services and
activities. As a resource, the Department of the Treasury has published its LEP guidance at 70 FR
6067. For more information on LEP, please visit http://www.lep.gov.
(iv) Consultant acknowledges and agrees that compliance with this assurance
constitutes a condition of continued receipt of federal financial assistance and is bin ding upon
Consultant and Consultant’s successors, transferees and assignees for the period in which such
assistance is provided.
(v) Consultant agrees to incorporate the following language in every contract
or agreement subject to Title VI and its regulations between the Consultant and the Consultant’s
subcontractors, successors, transferees and assignees:
The subcontractor, successor, transferee and assignee shall comply with Title VI of the
Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from excluding
from a program or activity, denying benefits of, or otherwise discriminating against a person on
the basis of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by
Department of the Treasury Title VI regulations, 31 CFR Part 22, which are herein incorporated
by reference and made a part of this contract (or agreement). Title VI also extends protection to
persons with “Limited English proficiency” in any program or activity receiving federal financial
assistance, 42 U.S.C. § 2000d et seq., as implemented by Department of the Treasury Title VI
regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this
EXHIBIT 2
contract (or agreement).
(vi) Consultant understands and agrees that if any real property or structure is
provided or improved with the aid of federal financial assistance by the Department of the
Treasury, this assurance obligates the Consultant, or in the case of a subsequent transfer, the
transferee, for the period during which the real property or structure is used for a purpose for which
the federal financial assistance is extended or for another purpose involving the provision of
similar services or benefits. If any personal property is provided, this assurance obligates the
Consultant for the period during which it retains ownership or possession of the property.
(vii) Consultant shall cooperate in any enforcement or compliance review
activities by the Department of the Treasury of the aforementioned obligations. Enforcement may
include investigation, arbitration, mediation, litigation, and monitoring of any settlement
agreements that may result from these actions. Consultant shall comply with information requests,
on-site compliance reviews, and reporting requirements.
(viii) Consultant shall maintain a complaint log and inform the Department of the
Treasury of any accusations of discrimination on the grounds of race, color, or national origin, and
limited English proficiency covered by Title VI of the Civil Rights Act of 1964 and implementing
regulations and provide, upon request, a list of all such reviews or proceedings based on the
complaint, pending or completed, including outcome. Consultant must also inform the Department
of the Treasury if Consultant has received no complaints under Title VI.
(ix) Consultant must provide documentation of an administrative agency’s or
court’s findings of non-compliance of Title VI and efforts to address the non-compliance,
including any voluntary compliance or other agreements between the Consultant and the
administrative agency that made the finding. If the Consultant settles a case or matter alleging
such discrimination, Consultant must provide documentation of the settlement. If Consultant has
not been the subject of any court or administrative agency finding of discrimination, please so
state.
(x) If Consultant makes sub-awards to other agencies or other entities,
Consultant is responsible for assuring that sub-recipients also comply with Title VI and all of the
applicable authorities covered in this assurance.
EXHIBIT 2
Page 1 of 10
AGREEMENT BETWEEN AMERICA ON TRACK AND
CITY OF SANTA ANA FOR GANG PREVENTION AND INTERVENTION PROGRAM
SERVICES
THIS AGREEMENT is made and entered into on this day of , 2023 by and
between America on Track, a California nonprofit corporation (“Consultant”), and 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”). The City and Consultant shall be collectively referred
to as “Parties.”
RECITALS
A.On June 1, 2023, the City issued a Request for Proposal No. 23-090A (“RFP 23-090A”),
by which it sought qualified contractors to provide special skill and knowledge in the field
of gang prevention and intervention program services that promote a proactive,
preventative approach to addressing concerns with at-risk youth and gang activity.
B.Consultant submitted a responsive proposal that was among those selected by the City.
Consultant represents that Consultant is able and willing to provide services to the City that
were described in the scope of work included in RFP 23-090A.
C.In undertaking the performance of this Agreement, Consultant represents that it is
knowledgeable in its field and that any services performed by Consultant under this
Agreement will be performed in compliance with such standards as may reasonably be
expected from a professional consulting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the
terms and conditions hereinafter set forth, the parties agree as follows:
1.SCOPE OF SERVICES
Consultant shall perform during the term of this Agreement, the tasks and obligations
including all labor, materials, tools, equipment, and incidental customary work required to fully
and adequately complete the services described and set forth in the Scope of Work that was
included in RFP 23-090A, which is attached as Exhibit A, and incorporated in full, and as
summarized in Consultant’s Scope of Work and Budget, which is attached as Exhibit B and
incorporated in full.
2.COMPENSATION
a.City agrees to pay, and Consultant agrees to accept as total payment for its services for
City, the rates and charges identified in Exhibit B. The total amount to be expended
during the term of this Agreement shall not exceed $200,000 annually, for a total of
$400,000 including extension period. The total not-to-exceed amount for the aggregate
amount available to all the retained consultants shall be $800,000, including extension
period.
EXHIBIT 3
Page 2 of 10
b. Payment by City shall be made within forty-five (45) days following receipt of proper
invoice evidencing work performed, subject to City accounting procedures. Payment
need not be made for work which fails to meet the standards of performance set forth
in the Recitals which may reasonably be expected by City.
3. TERM
This Agreement shall commence on the date first written above for a one (1) year term
with the option for the City to grant up to a one , one (1) year renewal, exercisable by a writing
by the City Manager and the City Attorney, unless terminated earlier in accordance with Section
17, below.
4. PREVAILING WAGES
Consultant is aware of the requirements of California Labor Code Section 1720, et seq.,
and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq.,
(“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the
performance of other requirements on “public works” and “maintenance” projects. If the services
being performed are part of an applicable “public works” or “maintenance” project, as defined by
the Prevailing Wage Laws, and the total compensation is $1,000 or more, Consultant agrees to
fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the
City, its elected officials, officers, employees and agents free and harmless from any claim or
liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
5. INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an
independent Consultant and not an employee of the City. This Agreement is not intended nor shall
it be construed to create an employer-employee relationship, a joint venture relationship, or to
allow the City to exercise discretion or control over the professional manner in which Consultant
performs the services which are the subject matter of this Agreement; however, the services to be
provided by Consultant shall be provided in a manner consistent with all applicable standards and
regulations governing such services. Consultant shall pay all salaries and wages, employer's social
security taxes, unemployment insurance and similar taxes relating to employees and shall be
responsible for all applicable withholding taxes.
6. OWNERSHIP OF MATERIALS
This Agreement creates a non-exclusive and perpetual license for City to copy, use,
modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property
embodied in plans, specifications, studies, drawings, estimates, and other documents or works of
authorship fixed in any tangible medium of expression, including but not limited to, physical
drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or
caused to be prepared by Consultant under this Agreement (“Documents & Data”). Consultant
shall require all subcontractors to agree in writing that City is granted a non-exclusive and
perpetual license for any Documents & Data the subcontractor prepares under this Agreement.
EXHIBIT 3
Page 3 of 10
Consultant represents and warrants that Consultant has the legal right to license any and all
Documents & Data. Consultant makes no such representation and warranty in regard to
Documents & Data which were provided to Consultant by the City. City shall not be limited in
any way in its use of the Documents and Data at any time, provided that any such use not within
the purposes intended by this Agreement shall be at City’s sole risk.
7. INSURANCE
Minimum insurance requirements are as follows:
Certificate Holder must be addressed as follows:
City of Santa Ana
Risk Management Division
20 Civic Center Plaza
Santa Ana, CA 92702
Consultant 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 Consultant, his
agents, representatives, employees or subcontractors.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01
covering CGL on an “occurrence” basis, including products and completed operations,
property damage, bodily injury and personal & advertising injury with limits no less than
$1,000,000 per occurrence. If a general aggregate limit applies, either the general 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 any
auto (Code 1), or if Consultant has no owned autos, hired (Code 8) and non-owned (Code 9) autos,
with limit no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation insurance as required by the State of California, with
Statutory Limits, and Employers’ Liability insurance with a limit of no less than $1,000,000 per
accident for bodily injury or disease.
4. Professional Liability applicable to the work being performed, with a limit no less than
$1,000,000 per claim or occurrence and $2,000,000 aggregate per policy period of one year.
If the Consultant 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 Consultant. Any available insurance proceeds in excess of the specified
minimum limits of insurance and coverage shall be available to the City.
EXHIBIT 3
Page 4 of 10
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 Consultant 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 Consultant’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 if a later edition is used).
Primary Coverage
For any claims related to this contract, the Consultant’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, employees, or volunteers shall be excess of the Consultant’s insurance and
shall not contribute with it.
Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled,
except with notice to the City.
Waiver of Subrogation
Consultant hereby grants to City a waiver of any right to subrogation which any insurer
of said Consultant may acquire against the City by virtue of the payment of any loss under such
insurance. Consultant 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 Consultant 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.
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.
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.
EXHIBIT 3
Page 5 of 10
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 Consultant must
purchase “extended reporting” coverage for a minimum of five (5) years after completion of
contract work.
Verification of Coverage
Consultant 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 Consultant’s
obligation to provide them.
The City reserves the right to require complete, certified copies of all required insurance
policies, including endorsements required by these specifications, at any time.
Subcontractors
Consultant shall require and verify that all subcontractor maintain insurance meeting all
the requirements stated herein, and Consultant shall ensure that City is an additional insured on
insurance required from subcontractors.
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.
8. INDEMNIFICATION
Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers,
agents, employees, contractors, special counsel, and representatives from liability: (1) for personal
injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for
personal injury, including death, and claims for property damage, which may arise from the
negligent operations of the Consultant, its subcontractors, agents, employees, or other persons
acting on its behalf which relates to the services described in section 1 of this Agreement; and (2)
from any claim that personal injury, damages, just compensation, restitution, judicial or equitable
relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and
hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial
or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in
this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant
further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including
fees and costs for special counsel to be selected by the City, regarding any action by a third party
challenging the validity of this Agreement, or asserting that personal injury, damages, just
compensation, restitution, judicial or equitable relief due to personal or property rights arises by
reason of the terms of, or effects arising from this Agreement. City may make all reasonable
decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing,
to the extent Consultant’s services are subject to Civil Code Section 2782.8, the above indemnity
EXHIBIT 3
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shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of,
pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant.
9. INTELLECTUAL PROPERTY INDEMNIFICATION
Consultant shall defend and indemnify the City, its officers, agents, representatives, and
employees against any and all liability, including costs, for infringement of any United States’
letters patent, trademark, or copyright infringement, including costs, contained in the work product
or documents provided by Consultant to the City pursuant to this Agreement.
10. RECORDS
Consultant shall keep records and invoices in connection with the work to be performed
under this Agreement. Consultant shall maintain complete and accurate records with respect to
the costs incurred under this Agreement and any services, expenditures, and disbursements
charged to the City for a minimum period of three (3) years, or for any longer period required by
law, from the date of final payment to Consultant under this Agreement. All such records and
invoices shall be clearly identifiable. Consultant shall allow a representative of the City to
examine, audit, and make transcripts or copies of such records and any other documents created
pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all
work, data, documents, proceedings, and activities related to this Agreement for a period of three
(3) years from the date of final payment to Consultant under this Agreement.
11. CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such
information is reasonably understood to be confidential and/or proprietary, Consultant agrees that
it shall not use or disclose such information except in the performance of this Agreement, and
further agrees to exercise the same degree of care it uses to protect its own information of like
importance, but in no event less than reasonable care. “Confidential Information” shall include all
nonpublic information. Confidential information includes not only written information, but also
information transferred orally, visually, electronically, or by other means. Confidential
information disclosed to either party by any subsidiary and/or agent of the other party is covered
by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any
information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the
Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant
without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e)
is independently developed by the Consultant without reference to information disclosed by the
City.
12. CONFLICT OF INTEREST CLAUSE
Consultant covenants that it presently has no interests and shall not have interests, direct
or indirect, which would conflict in any manner with performance of services specified under this
Agreement.
EXHIBIT 3
Page 7 of 10
13. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement
shall be in writing and shall be deemed to be properly given if delivered in person or mailed by
first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in
the manner provided in this Section, to the following persons:
To City: City Clerk
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Executive Director
Community Development Agency
City of Santa Ana
20 Civic Center Plaza (M-25)
P.O. Box 1988
Santa Ana, CA 92702
To Consultant: Natividad Alvarado
Chief Executive Officer
Nati’s House dba Neutral Ground
1920 E. 17th Street
Santa Ana, CA, 92705
Fax:
A party may change its address by giving notice in writing to the other party. Thereafter,
any communication shall be addressed and transmitted to the new address. If sent by mail,
communication shall be effective or deemed to have been given three (3) days after it has been
deposited in the United States mail, duly registered or certified, with postage prepaid, and
addressed as set forth above. If sent by fax, communication shall be effective or deemed to have
been given twent y-four (24) hours after the time set forth on the transmission report issued by the
transmitting facsimile machine, addressed as set forth above. For purposes of calculating these
time frames, weekends, federal, state, County or City holidays shall be excluded
14. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Consultant, and supersedes any and all other agreements, oral or written, between the parties. In
the event of a conflict between the terms of this Agreement and any attachments hereto, the terms
of this Agreement shall prevail. This Agreement may not be modified except by written instrument
signed by the City and by an authorized representative of Consultant. The parties agree that any
terms or conditions of any purchase order or other instrument that are inconsistent with, or in
addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. 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
EXHIBIT 3
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party, which is not embodied herein.
15. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Consultant,
Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior
written consent of the City and any such assignment, transfer, delegation or subcontract without
the City's prior written consent shall be considered null and void. Nothing in this Agreement shall
be construed to limit the City’s ability to have any of the services which are the subject to this
Agreement performed by City personnel or by other Consultants retained by City.
16. WAIVER
No waiver of breach, failure of any condition, or any right or remedy contained in or
granted by the provisions of this Agreement shall be effective unless it is in writing and signed by
the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or
remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not
similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.
17. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of
termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant
compensation for all services performed by Consultant prior to receipt of such notice of
termination, subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Consultant to
deliver to the City all work product(s) completed as of such date, and in such case
such work product shall be the property of the City unless prohibited by law, and
Consultant consents to the City's use thereof for such purposes as the City deems
appropriate.
b. Payment need not be made for work which fails to meet the standard of
performance specified in the Recitals of this Agreement.
18. NON-DISCRIMINATION
Consultant shall not discriminate because of race, color, creed, religion, sex, marital status,
sexual orientation, gender identity, gender expression, gender, medical conditions, genetic
information, or military and veteran status, age, national origin, ancestry, or disability, as defined
and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization,
promotion, termination or other employment related activities or any services provided under this
Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all
applicable federal, state and local laws and regulations.
EXHIBIT 3
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19. JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of California and the validity,
interpretation, performance, and enforcement of any of the clauses of this Agreement shall be
determined and governed by the laws of the State of California. Both parties further agree that
Orange County, California, shall be the venue for any action or proceeding that may be brought or
arise out of, in connection with or by reason of this Agreement.
20. PROFESSIONAL LICENSES
Consultant shall, throughout the term of this Agreement, maintain all necessary licenses,
permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder
and required by the laws and regulations of the United States, the State of California, the City of
Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and
in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and
exemptions. Said inability shall be cause for termination of this Agreement.
21. FUNDING-RELATED PROVISIONS
Funds from the Coronavirus State Fiscal Recovery Fund and/or the Coronavirus Local
Fiscal Recovery Fund, together known as the Coronavirus State and Local Fiscal Recovery Funds
(“CSLFRF”) program, will be used to fund all or a portion of this Agreement. As applicable,
Consultant shall comply with all federal requirements including, but not limited to, the following,
all of which are expressly incorporated herein by reference:
a. Sections 602 and 603 of the Social Security Act as added by Section 9901 of the
American Rescue Plan Act of 2021 (the “Act”);
b. U.S. Department of the Treasury (“Treasury”) Final Rule for the Act;
c. Treasury Compliance and Reporting Guidance for the Act;
d. 2 C.F.R. Part 200 – Uniform Administrative Requirements, Cost Principles, and
Audit Requirements for Federal Awards, other than such provisions as the U.S. Department of the
Treasury may determine are inapplicable to the CSLFRF program and subject to such exceptions
as may be otherwise provided by the U.S. Department of the Treasury;
e. Treasury Coronavirus Local Fiscal Recovery Fund Award Terms and Conditions;
and
f. Federal contract provisions attached hereto as Exhibit C and incorporated herein
by reference.
Subcontracts, if any, shall contain a provision making them subject to all of the provisions
stipulated in this Agreement. With respect to any conflict between such federal requirements and
the terms of this Agreement and/or the provisions of state law and except as otherwise required
EXHIBIT 3
Page 10 of 10
under federal law or regulation, the more stringent requirement shall control.
22. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the
power, authority and right to bind their respective parties to each of the terms of
this Agreement, and shall indemnify City 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.
b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully
set forth in the body of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first
above written.
ATTEST: CITY OF SANTA ANA
Jennifer Hall
City Clerk City Manager
APPROVED AS TO FORM:
SONIA R. CARVALHO CONSULTANT: AMERICA ON
City Attorney TRACK
By:
Andrea Garcia-Miller By: Claire Braeburn
Assistant City Attorney Title: Executive Director
RECOMMENDED FOR APPROVAL:
Michael Garcia
Executive Director
Community Development Agency
EXHIBIT 3
EXHIBIT A
Scope of Work
EXHIBIT 3
EXHIBIT 3
CITY OF SANTA ANA
III. PARTNERSHIPS
A. Relationship Building
Limited partnerships whose general partners are otherwise eligible under the above are also
eligible for Program funds.
B. Performance Monitoring
Grantee shall furnish all data, statements, records, information, and reports necessary for the
City to monitor, review and evaluate the performance of the Scope of Services and its
components. Grantee shall cooperate with the City in the conduct of any evaluation of
Grantee's Services. Grantee shall further cooperate to incorporate minor modifications that may
be discovered as necessary and appropriate as a result of feedback from the monitoring and
evaluation process. Grantee recognizes and agrees that an evaluation of the Scope of Services
may be completed after the expiration of the Term. The City shall have the right to request the
services of an outside agent to assist in any such evaluation. Such evaluation services shall be
paid for by the City.
1. Grantee shall submit regular Progress Reports regarding Grantee’s performance and
compliance under this Agreement.
2. In addition to the Progress Reports required hereunder, Grantee shall participate in a client
result evaluation (the "Evaluation") for the Scope of Services encompassing the Grantee’s
performance during the entire Term. The Evaluation will be conducted in accordance with
an Evaluation plan approved by the Manager. Grantee shall cooperate with the City in
the development of the Evaluation plan and in its implementation.
3. In the event funding for another cycle is appropriated in future fiscal years, Grantee
acknowledges and agrees that Grantee's future funding, if any, may be determined based
on participation results of the evaluation processes described in this Section. The City
shall use data in the evaluation of the Grantee's current performance and for the
development of future performance targets, consistent with the evaluation system.
4. The Manager or his/her designee shall monitor the Grantee’s progress and performance
of this Agreement. All services agreed to be performed by Grantee shall be conducted as
set forth in this Section. The Parties agree that substantial involvement is expected
between the Manager and the Grantee when carrying out the Scope of Services.
5. Grantee’s staff shall prioritize any referrals submitted by the Manager of the Homeless
Services Division or assigned staff, that pertain to the services provided by the Grantee
under the terms of the Agreement.
C. Wrap-Around Supportive Services
One of the most important elements of the Gang Prevention and Intervention Program is
ongoing supportive services that are “wrapped around” at-risk youth and their families.
Service provider’s responsibilities in the course of this program shall include, but not be
limited to:
a. Performing outreach and intake of targeted individuals for participation in the
Program;
City of Santa Ana RFP No. 23-090A Page 23 of 47
EXHIBIT 3
CITY OF SANTA ANA
b. Assessing youth and their families to prescribe/refer to services;
c. Performing case management services for at-risk youth that will remove
barriers to the successful achievement of independent living skills, attainment
of employment skills, and greater self-determination;
Supportive Services are defined as services provided for the purpose of addressing
the tenants’ condition of homelessness and enhancing the tenants' ability to maintain
independent living. Supportive services must address the special needs of the tenants to be
served. Typical services may include, but are not limited to:
a. Mental healthcare;
b. Trauma-Informed care
c. Advocacy and resource support and assistance such as
i. Temporary Assistance to Needy Families (TANF),
ii. General Assistance,
iii. Cal Fresh,
iv. Money management/payee services;
v. Nutritional counseling; and
vi. Assistance in obtaining other resources and support for at-risk youth
and their families such as clothing, and transportation, job training
and job placement.
These services must be be provided directly or by arrangement with other service providers.
D. Eligible Uses and Activities
Program funds can be used to enter into an Agreement with eligible organizations that will provide
the requested services.
E. Compliance with Federal and Local Regulations
All projects must comply with all applicable federal requirements contained in Exhibit III and 24
CFR 982, including, but not limited to, environmental review, labor and wage requirements,
debarred contractors, lead-based paint and equal opportunity. Awardees should note:
Contract Requirements: All work shall be completed by licensed contractors
Labor Standards: Contracts over $10,000 must comply with Equal Opportunity-Affirmative
Action requirements. All efforts shall be made to provide equal opportunity for employment without
discrimination as to race, marital status, sex, color, age, religion, national origin or ancestry, and
to seek out qualified local tradespeople for contracting and subcontracting bids.
Accessibility: All projects must comply with the federal Section 504 Disabled Accessibility
regulations contained in Sections 8.22 and 8.23 of Subpart C, 24 CFR Part 8.
F. Employement Opportunities to Santa Ana Residents
Vendor(s) shall solicit and advertise employment opportunities to Santa Ana residents. The City
shall inform the Vendor(s) of areas to publicize recruitment opportunities, such as the Santa Ana
WORK Center and community centers. Such effort and procedure will be provided to the City for
review.
City of Santa Ana RFP No. 23-090A Page 24 of 47
EXHIBIT 3
EXHIBIT B
Consultant’s Scope of Work and Budget
EXHIBIT 3
EXHIBIT 3
Emerging Leaders for Civic Engagement (Total of 40 youth)
1)Recruit and train 20 high school students to participate as teen leaders in Santa Ana;
2)Recruit 20 elementary/middle school students in 4th, 5th and/or 6th grade in Santa Ana;
3)Serve a minimum of 40 youth through weekly 4.5-hour afterschool leadership sessions;
4)Provide 22 weekly leadership sessions between October 2023 and May 2024.
Brighter Fkutures for Children of Prisoners (Total of 125 participants)
1)Recruit 25 new Santa Ana children of prisoners and provide comprehensive services to them, to their guardians and
to their siblings, for a total of 100 Santa Ana residents served;
2)Recruit, train, screen and maintain adult mentors for a total of 25 individual mentors per year to be matched with
Santa Ana children.
Botvin LifeSkills Training (Total of 90 youth)
1)Conduct 8 weekly sessions for 1 Elementary Cohort of 30 students
2)Conduct 15 weekly sessions for 1 Middle School Cohort of 30 students
3)Conduct 10 weekly sessions for 1 High School Cohort of 30 students
CalFresh Healthy Living (Total of 150 participants)
1)Conduct multi-week nutrition education classes to 5 cohorts of youth and/or adult participants,for a total of 150
unduplicated partiipants.
Mental Health Services (Total of 15 individuals and/or families)
1)Offer multi-week individual and/or family trauma counseling, 8-12 sessions, for 15 at-risk youth and their families.
EXHIBIT 3
Organization Name
Program Name
Expenditures
Funded By
Santa Ana
CDBG
Expenditures
Funded By
Other Sources
Program
Budget
Total
Organization
Budget
$24,765 $24,765 85,000$
$116,790 $116,790 1,291,000$
$18,750 11,800$ $30,550 283,700$
$7,043 $7,043 135,799$
$0 7,700$ $7,700 89,184$
$11,371 21,740$ $33,111 300,395$
$0 845$ $845 9,741$
$3,100 $3,100
$0 $0
$0 $0
$181,819 $42,085 $223,904 $2,194,819
Indirect Costs 10%$18,182 $4,208.50 $22,390
$200,000 $46,294 $246,294 $2,194,819
* Indirect cost rate:10%
Foundation Grants
FUNDING SOURCE
Santa Ana Gang Grant
25,000.00$
Kids On Track Golf Fundraiser 21,294.00$
AMOUNT
200,000$
Funding Source Total must equal Program Budget Total listed above.
Program Materials & Supplies
Mileage
Mentor Screening & Training
0
TOTAL Direct Costs
0
PROGRAM RESOURCES
LIST ALL OTHER PROGRAM RESOURCES FOR 2023-2024
TOTAL BUDGET
Non-Federal entity without federaly recognized negotiated indirect
cost rate, will charge a de minimis rate of 10% of modified total direct
costs.
Office Supplies & Communication
FISCAL YEAR 2023-2024
PROGRAM BUDGET
America On Track
On Track for Gang Prevention
EXPENDITURES
Enter budget categories and projected expenditures for the proposed program:
Category
Administrative Staff Salaries
Program Staff Salaries
Contractual/Professional Services
Rent & Insurance
TOTAL 246,294$
EXHIBIT 3
ADMINISTRATIVE STAFF
Position Title
Annual Salary
& Benefits
Revive Funds
Requested Description
Project Administrator $ 24,765 $ 24,765
PROGRAM STAFF
Position Title
Annual Salary
& Benefits
Revive Funds
Requested Description
Program Coordinator $ 44,450 $ 44,450
Health Educator $ 63,500 $ 63,500
College Intern $ 8,840 $ 8,840
Type of Service
Contract
Amount
Revive Funds
Requested Description
Evalutation Consultants $ 11,800 $ -
Mosaic Mental Healh Group $ 18,750 $ 18,750
OTHER LINE ITEMS
Line Item
Program
Amount
Revive Funds
Requested Description
Rent & Insurance $ 7,043 $ 7,043 Of c pp es &
Communication $ 7,700 $ -
Program Materials & Supplies $ 33,111 $ 11,371
Monthly STEAM Workshops, and Healing Activities for
Mileage $ 845 $ -
Mentor Screening & Training $ 3,100 $ 3,100
2023-2024 REVIVE BUDGET LINE ITEMS
CONTRACTUAL/PROFESSIONAL SERVICES
EXHIBIT 3
EXHIBIT C
FEDERAL CONTRACT PROVISIONS
During the performance of this Agreement, Consultant shall comply with all applicable federal
laws and regulations including, but not limited to, the federal contract provisions in this Exhibit.
1. REQUIRED CONTRACT PROVISIONS IN ACCORDANCE WITH APPENDIX II
TO PART 200 – CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY
CONTRACTS UNDER FEDERAL AWARDS (2 C.F.R. § 200.327)
(a) Appendix II to Part 200 (A); Appendix II to Part 200 (B): Remedies for Breach;
Termination for Cause/Convenience. The Contract Documents include remedies for breach and
termination for cause and convenience.
(b) Appendix II to Part 200 (C) – Equal Employment Opportunity: If this Agreement
meets the definition of a “federal assisted construction contract” in 41 CFR § 60-1.3, Consultant
agrees as follows during the performance of this Agreement:
(i) The Consultant will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, sexual orientation, gender identity, or national
origin. The Consultant will take affirmative action to ensure that applicants are employed, and that
employees are treated during employment without regard to their race, color, religion, sex, sexual
orientation, gender identity, or national origin. Such action shall include, but not be limited to the
following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising;
layoff or termination; rates of pay or other forms of compensation; and selection for training,
including apprenticeship. The Consultant agrees to post in conspicuous places, available to
employees and applicants for employment, notices to be provided setting forth the provisions of
this nondiscrimination clause.
(ii) The Consultant will, in all solicitations or advertisements for employees
placed by or on behalf of the Consultant, state that all qualified applicants will receive
consideration for employment without regard to race, color, religion, sex, sexual orientation,
gender identity, or national origin.
(iii) The Consultant will not discharge or in any other manner discriminate
against any employee or applicant for employment because such employee or applicant has
inquired about, discussed, or disclosed the compensation of the employee or applicant or another
employee or applicant. This provision shall not apply to instances in which an employee who has
access to the compensation information of other employees or applicants as a part of such
employee's essential job functions discloses the compensation of such other employees or
applicants to individuals who do not otherwise have access to such information, unless such
disclosure is in response to a formal complaint or charge, in furtherance of an investigation,
proceeding, hearing, or action, including an investigation conducted by the employer, or is
consistent with the Consultant's legal duty to furnish information.
(iv) The Consultant will send to each labor union or representative of workers
with which he has a collective bargaining agreement or other contract or understanding, a notice
to be provided advising the said labor union or workers' representatives of the Consultant's
EXHIBIT 3
commitments under this section, and shall post copies of the notice in conspicuous places available
to employees and applicants for employment.
(v) The Consultant will comply with all provisions of Executive Order 11246
of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
(vi) The Consultant will furnish all information and reports required by
Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the
Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts
by the administering agency and the Secretary of Labor for purposes of investigation to ascertain
compliance with such rules, regulations, and orders.
(vii) In the event of the Consultant's noncompliance with the nondiscrimination
clauses of this Agreement or with any of the said rules, regulations, or orders, this Agreement may
be canceled, terminated, or suspended in whole or in part and the Consultant may be declared
ineligible for further Government contracts or federally assisted construction contracts in
accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such
other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of
September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise
provided by law.
(viii) The Consultant will include the portion of the sentence immediately
preceding paragraph (i) and the provisions of paragraphs (i) through (vii) in every subcontract or
purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued
pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions
will be binding upon each subcontractor or vendor. The Consultant will take such action with
respect to any subcontract or purchase order as the administering agency may direct as a means of
enforcing such provisions, including sanctions for noncompliance:
Provided, however, that in the event the Consultant becomes involved in, or is threatened with,
litigation with a subcontractor or vendor as a result of such direction by the administering agency,
the Consultant may request the United States to enter into such litigation to protect the interests of
the United States.
The City further agrees that it will be bound by the above equal opportunity clause with respect to
its own employment practices when it participates in federally assisted construction work:
Provided, That if the City so participating is a State or local government, the above equal
opportunity clause is not applicable to any agency, instrumentality or subdivision of such
government which does not participate in work on or under the Agreement.
The City agrees that it will assist and cooperate actively with the administering agency and the
Secretary of Labor in obtaining the compliance of the Consultant and subcontractors with the equal
opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it
will furnish the administering agency and the Secretary of Labor such information as they may
EXHIBIT 3
require for the supervision of such compliance, and that it will otherwise assist the administering
agency in the discharge of the agency's primary responsibility for securing compliance.
The City further agrees that it will refrain from entering into any contract or contract modification
subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who
has not demonstrated eligibility for, Government contracts and federally assisted construction
contracts pursuant to the Executive Order and will carry out such sanctions and penalties for
violation of the equal opportunity clause as may be imposed upon contractors and subcontractors
by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the
Executive Order. In addition, the City agrees that if it fails or refuses to comply with these
undertakings, the administering agency may take any or all of the following actions: cancel,
terminate, or suspend in whole or in part the grant (contract, loan, insurance, guarantee) for this
project; refrain from extending any further assistance to the applicant under the program with
respect to which the failure or refund occurred until satisfactory assurance of future compliance
has been received from such applicant; and refer the case to the Department of Justice for
appropriate legal proceedings.
(c) Appendix II to Part 200 (D) – Davis-Bacon Act: Not applicable to this Agreement
since it is funded by CSLFRF.
(d) Appendix II to Part 200 (D) – Copeland “Antti-Kickback” Act: Not applicable to
this Agreement since it is funded by CSLFRF.
(e) Appendix II to Part 200 (E) – Contract Work Hours and Safety Standards Act:
(i) Overtime Requirements. No contractor or subcontractor contracting for any
part of the contract work which may require or involve the employment of laborers or mechanics
shall require or permit any such laborer or mechanic in any workweek in which he or she is
employed on such work to work in excess of forty hours in such workweek unless such laborer or
mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay
for all hours worked in excess of forty hours in such workweek.
(ii) Violation; liability for unpaid wages; liquidated damages. In the event of
any violation of the clause set forth in paragraph (ii) of this section the Consultant and any
subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor
and subcontractor shall be liable to the United States (in the case of work done under contract for
the District of Columbia or a territory, to such District or to such territory), for liquidated damages.
Such liquidated damages shall be computed with respect to each individual laborer or mechanic,
including watchmen and guards, employed in violation of the clause set forth in paragraph (ii ) of
this section, in the sum of $10 for each calendar day on which such individual was required or
permitted to work in excess of the standard workweek of forty hours without payment of the
overtime wages required by the clause set forth in paragraph (ii) of this section.
(iii) Withholding for unpaid wages and liquidated damages. The City shall upon
its own action or upon written request of an authorized representative of the Department of Labor
EXHIBIT 3
withhold or cause to be withheld, from any moneys payable on account of work performed by the
Consultant or subcontractor under any such contract or any other Federal contract with the
Consultant, or any other federally-assisted contract subject to the Contract Work Hours and Safety
Standards Act, which is held by the Consultant, such sums as may be determined to be necessary
to satisfy any liabilities of Consultant or subcontractor for unpaid wages and liquidated damages
as provided in the clause set forth in paragraph (iii) of this section.
(iv) Subcontracts. The Consultant or subcontractor shall insert in any
subcontracts the clauses set forth in paragraph (ii) through (v) of this Section and also a clause
requiring the subcontractors to include these clauses in any lower tier subcontracts. The Consultant
shall be responsible for compliance by any subcontractor or lower tier subcontractor with the
clauses set forth in paragraphs (ii) through (v) of this Section.
(f) Appendix II to Part 200 (F) – Rights to Inventions Made Under a Contract or
Agreement: If the Federal award meets the definition of “funding agreement” under 37 CFR §
401.2 (a) and the Consultant wishes to enter into a contract with a small business firm or nonprofit
organization regarding the substitution of parties, assignment or performance of experimental,
developmental, or research work under that “funding agreement,” the Consultant must comply
with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations
and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,”
and any implementing regulations issued by the awarding agency..
(g) Appendix II to Part 200 (G) – Clean Air Act and Federal Water Pollution Control
Act:
(i) Pursuant to the Clean Air Act, (1) Consultant agrees to comply with all
applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42
U.S.C. § 7401 et seq., (2) Consultant agrees to report each violation to the City and understands
and agrees that the City will, in turn, report each violation as required to assure notification to the
Federal awarding agency and the appropriate Environmental Protection Agency Regional Office,
and (3) Consultant agrees to include these requirements in each subcontract exceeding $150,000.
(ii) Pursuant to the Federal Water Pollution Control Act, (1) Consultant agrees
to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water
Pollution Control Act, as amended, 33 U.S.C. 1251 et seq., (2) Consultant agrees to report each
violation to the City and understands and agrees that the City will, in turn, report each violation as
required to assure notification to the Federal awarding agency and the appropriate Environmental
Protection Agency Regional Office, and (3) Consultant agrees to include these requirements in
each subcontract exceeding $150,000.
(h) Appendix II to Part 200 (H) – Debarment and Suspension:
(i) This Agreement is a covered transaction for purposes of 2 C.F.R. pt. 180
and 2 C.F.R. pt. 3000. As such Consultant is required to verify t hat none of the Consultant, its
principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are
excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935).
EXHIBIT 3
(ii) Consultant must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt.
3000, subpart C and must include a requirement to comply with these regulations in any lower tier
covered transaction it enters into.
(iii) This certification is a material representation of fact relied upon by City. If
it is later determined that Consultant did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R.
pt. 3000, subpart C, in addition to remedies available to the City, the Federal Government may
pursue available remedies, including but not limited to suspension and/or debarment.
(iv) Consultant warrants that it is not debarred, suspended, or otherwise
excluded from or ineligible for participation in any federal programs. Consultant also agrees to
verify that all subcontractors performing work under this Agreement are not debarred, disqualified,
or otherwise prohibited from participation in accordance with the requirements above. Consultant
further agrees to notify the City in writing immediately if Consultant or its subcontractors are not
in compliance during the term of this Agreement.
(i) Appendix II to Part 200 (I) – Byrd Anti-Lobbying Act: Consultants that apply or
bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the
tier above that it will not and has not used Federal appropriated funds to pay any person or
organization for influencing or attempting to influence an officer or employee of any agency, a
member of Congress, officer or employee of Congress, or an employee of a member of Congress
in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C.
1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in
connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up
to the recipient who in turn will forward the certification(s) to the awarding agency.
(j) Appendix II to Part 200 (J) – §200.323 Procurement of Recovered Materials:
(i) Consultant shall comply with section 6002 of the Solid Waste Disposal Act,
as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002
include procuring only items designated in guidelines of the Environmental Protection Agency
(EPA) at 40 C.F.R. part 247 that contain the highest percentage of recovered materials practicable,
consistent with maintaining a satisfactory level of competition, where the purchase price of the
item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year
exceeded $10,000; procuring solid waste management services in a manner that maximizes energy
and resource recovery; and establishing an affirmative procurement.
(ii) In the performance of this Agreement, the Consultant shall make maximum
use of products containing recovered materials that are EPA-designated items unless the product
cannot be acquired: competitively within a timeframe providing for compliance with the contract
performance schedule; meeting contract performance requirements; or at a reasonable price.
(iii) Information about this requirement, along with the list of EPA-designate
items, is available at EPA’s Comprehensive Procurement Guidelines web site,
https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program.
(iv) The Consultant also agrees to comply with all other applicable requirements
of Section 6002 of the Solid Waste Disposal Act.”
EXHIBIT 3
(k) Appendix II to Part 200 (K) – §200.216 Prohibition on Certain
Telecommunications and Video Surveillance Services or Equipment:
(i) Consultant shall not contract (or extend or renew a contract) to procure or
obtain equipment, services, or systems that uses covered telecommunications equipment or
services as a substantial or essential component of any system, or as critical technology as part of
any system funded under this Agreement. As described in Public Law 115–232, section 889,
covered telecommunications equipment is telecommunications equipment produced by Huawei
Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities).
(1) For the purpose of public safety, security of government facilities,
physical security surveillance of critical infrastructure, and other national security purposes, video
surveillance and telecommunications equipment produced by Hytera Communications
Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company
(or any subsidiary or affiliate of such entities).
(2) Telecommunications or video surveillance services provided by
such entities or using such equipment.
(3) Telecommunications or video surveillance equipment or services
produced or provided by an entity that the Secretary of Defense, in consultation with the Director
of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably
believes to be an entity owned or controlled by, or otherwise connected to, the government of a
covered foreign country.
(ii) See Public Law 115-232, section 889 for additional information.
(l) Appendix II to Part 200 (L) – §200.322 Domestic Preferences for Procurement:
(i) Consultant shall, to the greatest extent practicable, purchase, acquire, or use
goods, products, or materials produced in the United States (including but not limited to iron,
aluminum, steel, cement, and other manufactured products). The requirements of this section must
be included in all subcontracts.
(ii) For purposes of this section:
(1) “Produced in the United States’’ means, for iron and steel products,
that all manufacturing processes, from the initial melting stage through the application of coatings,
occurred in the United States.
(2) ‘‘Manufactured products’’ means items and construction materials
composed in whole or in part of nonferrous metals such as aluminum; plastics and polymer-based
products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical
fiber; and lumber.
2. CONTRACTING WITH SMALL AND MINORITY FIRMS, WOMEN’S
BUSINESS ENTERPRISE AND LABOR SURPLUS AREA FIRMS (2 C.F.R. § 200.321)
EXHIBIT 3
(a) Consultant shall be subject to 2 C.F.R. § 200.321 and will take affirmative steps to
assure that minority firms, women’s business enterprises, and labor surplus area firms are used
when possible and will not be discriminated against on the grounds of race, color, religious creed,
sex, or national origin in consideration for an award.
(b) Affirmative steps shall include:
(i) Placing qualified small and minority businesses and women's business
enterprises on solicitation lists;
(ii) Assuring that small and minority businesses, and women's business
enterprises are solicited whenever they are potential sources;
(iii) Dividing total requirements, when economically feasible, into smaller tasks
or quantities to permit maximum participation by small and minority business, and women's
business enterprises;
(iv) Establishing delivery schedules, where the requirement permits, which
encourage participation by small and minority business, and women's business enterprises; and
(v) Using the services/assistance of the Small Business Administration (SBA),
and the Minority Business Development Agency (MBDA) of the Department of Commerce.
(c) Consultant shall submit evidence of compliance with the foregoing affirmative
steps when requested by the City.
3. COMPLIANCE WITH U.S. DEPARTMENT OF THE TREASURY
CORONAVIRUS LOCAL FISCAL RECOVERY FUND AWARD TERMS AND
CONDITIONS
(a) Maintenance of and Access to Records. Consultant shall maintain records and
financial documents sufficient to evidence compliance with section 603(c) of the Act, Treasury’s
regulations implementing that section, and guidance issued by Treasury regarding the foregoing.
Consultant agrees to provide the City, Treasury Office of Inspector General and the Government
Accountability Office, or any of their authorized representatives access to any books, documents,
papers, and records (electronic an otherwise) of the Consultant which are directly pertinent to this
Agreement for the purposes of conducting audits or other investigations. Records shall be
maintained by Consultant for a period of five (5) years after completion of the Project.
(b) Compliance with Federal Regulations. Consultant agrees to comply with the
requirements of section 603 of the Act, regulations adopted by Treasury pursuant to section 603(f)
of the Act, and guidance issued by Treasury regarding the foregoing. Consultant also agrees to
comply with all other applicable federal statutes, regulations, and executive orders, including,
without limitation, the following:
(i) Universal Identifier and System for Award Management (SAM), 2 C.F.R.
Part 25, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 25 is hereby
incorporated by reference.
EXHIBIT 3
(ii) Reporting Subaward and Executive Compensation Information, 2 C.F.R.
Part 170, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 170 is hereby
incorporated by reference.
(iii) OMB Guidelines to Agencies on Governmentwide Debarment and
Suspension (Nonprocurement), 2 C.F.R. Part 180, including the requirement to include a term or
condition in all lower tier covered transactions (contracts and subcontracts described in 2 C.F.R.
Part 180, subpart B) that the award is subject to 2 C.F.R. Part 180 and Treasury’s implementing
regulation at 31 C.F.R. Part 19.
(iv) Recipient Integrity and Performance Matters, pursuant to which the award
term set forth in 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated by reference.
(v) Governmentwide Requirements for Drug-Free Workplace, 31 C.F.R. Part
20.
(vi) New Restrictions on Lobbying, 31 C.F.R. Part 21.
(vii) Uniform Relocation Assistance and Real Property Acquisitions Act of 1970
(42 U.S.C. §§ 4601-4655) and implementing regulations.
(c) Compliance with Federal Statutes and Regulations Prohibiting Discrimination.
Consultant agrees to comply with statutes and regulations prohibiting discrimination applicable to
the CSLFRF program including, without limitation, the following:
(i) Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and
Treasury’s implementing regulations at 31 C.F.R. Part 22, which prohibit discrimination on the
basis of race, color, or national origin under programs or activities receiving federal financial
assistance.
(ii) The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C.
§§ 3601 et seq.), which prohibits discrimination in housing on the basis of race, color, religion,
national origin, sex, familial status, or disability.
(iii) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §
794), which prohibits discrimination on the basis of disability under any program or activity
receiving federal financial assistance.
(iv) The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et
seq.), and Treasury’s implementing regulations at 31 C.F.R. Part 23, which prohibit discrimination
on the basis of age in programs or activities receiving federal financial assistance.
(v) Title II of the Americans with Disabilities Act of 1990, as amended (42
U.S.C. §§ 12101 et seq.), which prohibits discrimination on the basis of disability under programs,
activities, and services provided or made available by state and local governments or
instrumentalities or agencies thereto.
EXHIBIT 3
(d) False Statements. Consultant understands that making false statements or claims
in connection with the CSLFRF program is a violation of federal law and may result in criminal,
civil, or administrative sanctions, including fines, imprisonment, civil damages and penalties,
debarment from participating in federal awards or contracts, and/or any other remedy available by
law.
(e) Protections for Whistleblowers.
(i) In accordance with 41 U.S.C. § 4712, Consultant may not discharge,
demote, or otherwise discriminate against an employee in reprisal for disclosing to any of the list
of persons or entities provided below, information that the employee reasonably believes is
evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds, an
abuse of authority relating to a federal contract or grant, a substantial and specific danger to public
health or safety, or a violation of law, rule, or regulation related to a federal contract (including the
competition for or negotiation of a contract) or grant.
(ii) The list of persons and entities referenced in the paragraph above includes
the following:
(1) A member of Congress or a representative of a committee of
Congress;
(2) An Inspector General;
(3) The Government Accountability Office;
(4) A Treasury employee responsible for contract or grant oversight or
management;
(5) An authorized official of the Department of Justice or other law
enforcement agency;
(6) A court or grand jury; or
(7) A management official or other employee of Consultant, or a
subcontractor who has the responsibility to investigate, discover, or address misconduct.
(f) Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043,
62 FR 19217 (Apr. 18, 1997), Consultant is encouraged to adopt and enforce on-the-job seat belt
policies and programs for their employees when operating company-owned, rented or personally
owned vehicles, and encourage its subcontractors to do the same
(g) Reducing Text Messaging While Driving. Pursuant to Executive Order 13513, 74
FR 51225 (Oct. 6, 2009), Consultant should encourage its employees and subcontractors to adopt
and enforce policies that ban text messaging while driving, and Consultant should establish
workplace safety policies to decrease accidents caused by distracted drivers.
EXHIBIT 3
(h) Assurances of Compliance with Civil Rights Requirements. The Civil Rights
Restoration Act of 1987 provides that the provisions of this assurance apply to the Project,
including, but not limited to, the following:
(i) Consultant ensures its current and future compliance with Title VI of the
Civil Rights Act of 1964, as amended, which prohibits exclusion from participation, denial of the
benefits of, or subjection to discrimination under programs and activities receiving federal funds,
of any person in the United States on the ground of race, color, or national origin (42 U.S.C. §
2000d et seq.), as implemented by the Department of the Treasury Title VI regulations at 31 CFR
Part 22 and other pertinent executive orders such as Executive Order 13166; directives; circulars;
policies; memoranda and/or guidance documents.
(ii) Consultant acknowledges that Executive Order 13166, “Improving Access
to Services for Persons with Limited English Proficiency (LEP),” seeks to improve access to
federally assisted programs and activities for individuals who, because of national origin, are
limited in their English proficiency. Consultant understands that the denial of access to persons to
its programs, services and activities because of their limited proficiency in English is a form of
national origin discrimination prohibited under Title VI of the Civil Rights Act of 1964.
Accordingly, Consultant shall initiate reasonable steps, or comply with Treasury’s directives, to
ensure meaningful access to its programs, services and activities to LEP persons. Consultant
understands and agrees that meaningful access may entail providing language assistance services,
including oral interpretation and written translation where necessary to ensure effective
communication in the Project.
(iii) Consultant agrees to consider the need for language services for LEP
persons during development of applicable budgets and when conducting programs, services and
activities. As a resource, the Department of the Treasury has published its LEP guidance at 70 FR
6067. For more information on LEP, please visit http://www.lep.gov.
(iv) Consultant acknowledges and agrees that compliance with this assurance
constitutes a condition of continued receipt of federal financial assistance and is binding upon
Consultant and Consultant’s successors, transferees and assignees for the period in which such
assistance is provided.
(v) Consultant agrees to incorporate the following language in every contract
or agreement subject to Title VI and its regulations between the Consultant and the Consultant’s
subcontractors, successors, transferees and assignees:
The subcontractor, successor, transferee and assignee shall comply with Title VI of the
Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from excluding
from a program or activity, denying benefits of, or otherwise discriminating against a person on
the basis of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by
Department of the Treasury Title VI regulations, 31 CFR Part 22, which are herein incorporated
by reference and made a part of this contract (or agreement). Title VI also extends protection to
persons with “Limited English proficiency” in any program or activity receiving federal financial
assistance, 42 U.S.C. § 2000d et seq., as implemented by Department of the Treasury Title VI
regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this
EXHIBIT 3
contract (or agreement).
(vi) Consultant understands and agrees that if any real property or structure is
provided or improved with the aid of federal financial assistance by the Department of the
Treasury, this assurance obligates the Consultant, or in the case of a subsequent transfer, the
transferee, for the period during which the real property or structure is used for a purpose for which
the federal financial assistance is extended or for another purpose involving the provision of
similar services or benefits. If any personal property is provided, this assurance obligates the
Consultant for the period during which it retains ownership or possession of the property.
(vii) Consultant shall cooperate in any enforcement or compliance review
activities by the Department of the Treasury of the aforementioned obligations. Enforcement may
include investigation, arbitration, mediation, litigation, and monitoring of any settlement
agreements that may result from these actions. Consultant shall comply with information requests,
on-site compliance reviews, and reporting requirements.
(viii) Consultant shall maintain a complaint log and inform the Department of the
Treasury of any accusations of discrimination on the grounds of race, color, or national origin, and
limited English proficiency covered by Title VI of the Civil Rights Act of 1964 and implementing
regulations and provide, upon request, a list of all such reviews or proceedings based on the
complaint, pending or completed, including outcome. Consultant must also inform the Department
of the Treasury if Consultant has received no complaints under Title VI.
(ix) Consultant must provide documentation of an administrative agency’s or
court’s findings of non-compliance of Title VI and efforts to address the non-compliance,
including any voluntary compliance or other agreements between the Consultant and the
administrative agency that made the finding. If the Consultant settles a case or matter alleging
such discrimination, Consultant must provide documentation of the settlement. If Consultant has
not been the subject of any court or administrative agency finding of discrimination, please so
state.
(x) If Consultant makes sub-awards to other agencies or other entities,
Consultant is responsible for assuring that sub-recipients also comply with Title VI and all of the
applicable authorities covered in this assurance.
EXHIBIT 3