2 4
7 1
Based on the Project Cost Analysis (Exhibit 3) resulting from analysis of contractor bids received, the project can be constructed for a total estimated construction delivery cost of $385,000. After further review of available CDBG funds, an additional $85,000 was identified to help with the delivery of the project. The proposed Capital Improvement Program amendment allows for these pedestrian traffic safety enhancements to be included in the capital improvements program (Exhibit 4).
Public Outreach and Contractor Participation
To provide an opportunity for local vendors to submit bids, a Notice Inviting Bids was advertised in the Orange County Register newspaper on November 9 and November 16, 2021. The project was also advertised on PlanetBids on November 5, 2021, and bids were received electronically via PlanetBids on November 30, 2021. The City notified a total of 317 regional vendors via PlanetBids.
Bid Results Summary
A total of eight bids were received, with all bids being deemed responsive. There were no bids received from Santa Ana contractors. The table below summarizes the bid results.
Elecnor Belco Electric, Inc. submitted the lowest responsive base bid in the amount of $307,613 (Exhibit 5). Based on the bid analysis and a contractor’s reference check, staff recommends awarding the construction contract to Elecnor Belco Electric, Inc. in the amount bid (Exhibit 6). Elecnor Belco Electric, Inc. has a good history of performing quality work for the City dating back to 2015 and most recently in 2020 when they completed the bike lane project on Flower Street from Warner Avenue to Civic Center and associated traffic signal modifications. Other projects completed by Elecnor Belco Electric, Inc. include traffic signal installation and modifications at various locations and crosswalk upgrades throughout the city. Staff is confident this contractor will continue to perform and produce quality work for the City.
RANK BIDDER’S NAME LOCATION BASE BID
1 Elecnor Belco Electric, Inc. Chino $307,613
2 California Professional Engineering, Inc. La Puente $319,403 3 Alfaro Communications Construction,Inc. Compton $321,942 4 International Line Builders, Inc. Corona $329,612
5 Crosstown Electrical & Data, Inc. Irwindale $341,425
6 Comet Electric, Inc. Chatsworth $345,560
7 MSL Electric, Inc. Anaheim $373,548
8 Ferreira Coastal Construction Company Rancho Cucamonga $395,616 City Council 12 – 2 3/1/2022
Main Street at Walnut Street Traffic Signal Installation and Crosswalk Upgrades March 1, 2022
2 4
7 1
Project Delivery
To deliver a complete project, in addition to the construction contract, the estimated total project delivery cost includes construction administration, inspection, and testing, along with an allowance for contingencies to account for unexpected or unforeseen conditions.
Construction administration and inspection include construction management, implementation of the City’s Community Workforce Agreement, inspection of the Contractor’s work to ensure contract compliance, workmanship, and quality, and material testing. As indicated in the Cost Analysis and as summarized in the table below, the estimated total construction delivery cost of the project is $385,000.
Construction Contract $307,613.00
Construction Administration, Inspection, and Testing 46,079.00 Contingencies 31,308.00
ESTIMATED CONSTRUCTION DELIVERY COST $385,000.00
ENVIRONMENTAL IMPACT
In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER- 2021-46 was filed for this project.
FISCAL IMPACT
As indicated in the Cost Analysis, the estimated total construction delivery cost of the project is $385,000, which includes the construction contract, contract administration, inspection, testing, and project contingency. The approval of the amendment to the Fiscal Year 2021-22 Capital Improvement Program will officially incorporate this project into the program. Funding in the amount of $385,000 is available from Community Development Block Grant (CDBG) funds to deliver this project. The $385,000 includes a one-time augmentation of $85,000 in unspent prior-year CDBG funds carried forward as part of the citywide budget carry-forward approved by City Council on September 21, 2021 and $300,000 from the approved Fiscal Year 2021-22 CDBG funding plan. All funds are available for expenditure in Fiscal Year 2021-22. However, any remaining balances not expended at the end of the fiscal year will be carried forward into FY 2022-23.
The following table summarizes the funds budgeted for expenditure to deliver construction of this project:
City Council 12 – 3 3/1/2022
Main Street at Walnut Street Traffic Signal Installation and Crosswalk Upgrades March 1, 2022
2 4
7 1
Fiscal Year
Accounting Unit -
Account No.
(Project No.)
Fund
Description
Accounting Unit –
Account No.
Description
Amount
PROJECT BUDGET
FY 2021-22 13518783-66220
(22-7534)
Community
Development
Block Grant
CDBG Programs,
Improvements other
than building
$385,000
Total $385,000
EXHIBIT(S)
1. Location Map
2. Construction Plans
3. Cost Analysis
4. Amended FY 2021-22 CIP Project Sheet
5. Bid Proposal
6. Construction Contract
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Kristine Ridge, City Manager
City Council 12 – 4 3/1/2022
PWA
SANTA ANA
PUBLIC WORKS AGENCY
Project No. 22-7534:
Main St & Walnut St Traffic Signal Installation
(Hybrid Beacon) & Crosswalk Upgrades (RRFB)
Project
Location
WALNUT ST
ROUSSELLE ST
OCCIDENTAL ST
ST GERTRUDE PL
ANAHURST PL
EXHIBIT 1
ST GERTRUDE PL
City Council 12 – 5 3/1/2022
EXHIBIT 2
City Council
12 – 6
3/1/2022
EXHIBIT 2
City Council
12 – 7
3/1/2022
EXHIBIT 2
City Council
12 – 8
3/1/2022
EXHIBIT 2
City Council
12 – 9
3/1/2022
EXHIBIT 3
Construction Contract 307,613.00$
Contract Administration, Inspection and Testing 46,079.00$ Contingencies 31,308.00$
TOTAL ESTIMATED CONSTRUCTION COSTS 385,000.00$
CONSTRUCTION OF PROJECT NO. 22-7534: Main Street at Walnut Street New Traffic Signal Installation (Hybrid Beacon) & Crosswalk Upgrade (RRFB)
COST ANALYSIS
City Council 12 – 10 3/1/2022
CITY OF SANTA ANA FY 21/22CIP
CAPITAL IMPROVEMENT PROJECT WORKSHEET
PROJECT DESCRIPTION:
Installation of traffic signal, video detection, striping, and signage.
PROJECT NEED:
Installation of a new pedestrian traffic signal (hybrid beacon) at the intersection of Main Street at Walnut Street as well as for the enhancement of pedestrian crossings at Occidental Street, Saint Gertrude Place, Saint Andrew Place and Anahurst Place; all intersections at Rousselle Street.
PROJECT TITLE:
Main Street and Walnut Street
Traffic Signal Installation &
Crosswalk Upgrade
PROJECT CATEGORY:
Traffic Improvements
Traffic Safety / Mobility
LOCATION MAP
AGENCY: DIVISION: CONTACT: DATE:
Public Works Traffic Engineering Zdenek Kekula, Principal Civil Engineer 27-Jan-2022 PROJECT COSTS FY 21/22 FY 22/23 FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 Construction 385,000 - - - - - -
TOTAL 385,000 - - - - - -
SOURCE OF FUNDS FY 21/22 FY 22/23 FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 CDBG Programs 385,000 - - - - - -
TOTAL 385,000 - - - - - -
EXHIBIT 4
City Council 12 – 11 3/1/2022
EXHIBIT 5
City Council 12 – 12 3/1/2022
EXHIBIT 5
City Council 12 – 13 3/1/2022
EXHIBIT 5
City Council 12 – 14 3/1/2022
EXHIBIT 5
City Council 12 – 15 3/1/2022
EXHIBIT 5
City Council 12 – 16 3/1/2022
EXHIBIT 5
City Council 12 – 17 3/1/2022
EXHIBIT 5
City Council 12 – 18 3/1/2022
EXHIBIT 5
City Council 12 – 19 3/1/2022
EXHIBIT 5
City Council 12 – 20 3/1/2022
EXHIBIT 5
City Council 12 – 21 3/1/2022
EXHIBIT 5
City Council 12 – 22 3/1/2022
EXHIBIT 5
City Council 12 – 23 3/1/2022
EXHIBIT 5
City Council 12 – 24 3/1/2022
EXHIBIT 5
City Council 12 – 25 3/1/2022
EXHIBIT 5
City Council 12 – 26 3/1/2022
EXHIBIT 5
City Council 12 – 27 3/1/2022
EXHIBIT 5
City Council 12 – 28 3/1/2022
EXHIBIT 5
City Council 12 – 29 3/1/2022
EXHIBIT 5
City Council 12 – 30 3/1/2022
EXHIBIT 5
City Council 12 – 31 3/1/2022
EXHIBIT 5
City Council 12 – 32 3/1/2022
EXHIBIT 5
City Council 12 – 33 3/1/2022
EXHIBIT 5
City Council 12 – 34 3/1/2022
EXHIBIT 5
City Council 12 – 35 3/1/2022
EXHIBIT 5
City Council 12 – 36 3/1/2022
EXHIBIT 5
City Council 12 – 37 3/1/2022
EXHIBIT 5
City Council 12 – 38 3/1/2022
EXHIBIT 5
City Council 12 – 39 3/1/2022
EXHIBIT 5
City Council 12 – 40 3/1/2022
EXHIBIT 5
City Council 12 – 41 3/1/2022
EXHIBIT 5
City Council 12 – 42 3/1/2022
EXHIBIT 5
City Council 12 – 43 3/1/2022
EXHIBIT 5
City Council 12 – 44 3/1/2022
EXHIBIT 6
City Council 12 – 45 3/1/2022
EXHIBIT 6
City Council 12 – 46 3/1/2022
EXHIBIT 6
City Council 12 – 47 3/1/2022
EXHIBIT 6
City Council 12 – 48 3/1/2022
EXHIBIT 6
City Council 12 – 49 3/1/2022
EXHIBIT 6
City Council 12 – 50 3/1/2022
Public Works Agency
www.santa-ana.org/pw
Item # 13
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
March 1, 2022
TOPIC: Construction Contract for Main Street at 15th Street Traffic Signal Installation AGENDA TITLE:
Approve Appropriation Adjustments, Reallocation of Funds, and Award a Construction Contract to Elecnor Belco Electric, Inc., in the Amount of $413,942 for the Main Street at 15th Street Traffic Signal Installation Project with an Estimated Project Delivery Cost of $523,636 (Project No. 18-6918) (Non-General Fund)
RECOMMENDED ACTION
1. Approve an appropriation adjustment recognizing $335,793 in Fiscal Year 2017-18 Highway Safety Improvement Program grant funds into the Federal Aid Safety Program, Federal Grant-Indirect revenue account, and appropriate the same amount into the Public Services Street Safety Projects, Improvements Other Than Building expenditure account. (Requires five affirmative votes)
2. Approve an appropriation adjustment recognizing $104,347 in Fiscal Year 2021-22 Highway Safety Improvement Program grant funds into the Federal Aid Safety Program, Federal Grant-Indirect revenue account, and appropriate the same amount into the Public Services Street Safety Projects, Improvements Other Than Building expenditure account. (Requires five affirmative votes)
3. Approve an appropriation adjustment to transfer $33,549 from the Special Gas Tax Interfund Transfer account to the Select Street Construction Interfund Transfer account and appropriate the same amount into the Select Street Construction Fund, Improvements Other Than Building expenditure account. (Requires five affirmative votes)
4. Authorize the reallocation of $53,435 in unspent Measure M2 Local Fairshare funds from Citywide Speed Limit Study Project and $30,061 from Bike Lane Project Development, for a total of $83,496 to the Main Street at 15th Street New Traffic Signal Installation Project to complete the project’s funding requirement.
5. Award a construction contract to Elecnor Belco Electric, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $413,942, for construction of the Main Street at 15th Street Traffic Signal Installation Project, for the term beginning City Council 13 – 1 3/1/2022
Construction Contract for Main Street at 15th Street Traffic Signal Installation March 1, 2022
2 4
7 2
March 1, 2022, and ending upon project completion, subject to non-substantive changes approved by the City Manager and City Attorney.
6. Approve the Project Cost Analysis for a total estimated construction delivery cost of $523,636, which includes $413,942 for the construction contract; $68,300 for contract administration, inspection and testing; and a $41,394 project contingency for unanticipated or unforeseen work to be funded from Highway Safety Improvement Program grant funds.
DISCUSSION
The recommended actions are needed to proceed with the installation of a new traffic signal at the intersection of Main Street and 15th Street. (Exhibits 1 and 2). Once completed these new traffic signal improvements will increase traffic safety for motorists and pedestrians at this intersection.
The Public Works Agency was awarded a $408,793 Highway Safety Improvement Program (HSIP) grant for this project, which was recognized in the City Council-approved Fiscal Year 2017-18 Capital Improvement Program (CIP). A total of $73,000 was earmarked for Preliminary Engineering. A portion of the Preliminary Engineering grant allocation, $33,549, remains unreimbursed through the grant. Upon approval of the appropriation adjustment to recognize Gas Tax funds, the funds will be used to cover the unreimbursed Preliminary Engineering grant expenditures. The spending authorization for the remaining $335,793 in construction funding was received in April 2021. Staff is requesting City Council approval to recognize and reappropriate this grant allocation for expenditure in Fiscal Year 2021-22.
In January 2022, an additional $104,347 in HSIP grant funds was authorized, bringing the total HSIP grant funds available for the project to $440,140. Of the additional $104,347 in HSIP grant funds received, $25,000 came from unreimbursed Preliminary Engineering phase funds and $79,347 has been allocated from additional available funds within the HSIP grant program administered by the state. Staff is requesting City Council approval to recognize and appropriate the authorized grant allocation of $104,347 in construction phase grant funding for expenditure in Fiscal Year 2021-22.
Additionally, staff is requesting City Council approval for the reallocation of $83,496 in unspent Measure M2 Local Fairshare funds needed to complete the total project funding requirement. Upon approval of the requested appropriation adjustments and the reallocation of funds, the total funds available for construction will be $523,636, which is composed of $440,140 in grant funding and $83,496 in reallocated unspent Measure M2 Local Fairshare funding.
Public Outreach and Contractor Participation
To provide an opportunity for local vendors to submit bids, a Notice Inviting Bids was advertised in the Orange County Register newspaper on October 26 and November 2, City Council 13 – 2 3/1/2022
Construction Contract for Main Street at 15th Street Traffic Signal Installation March 1, 2022
2 4
7 2
2021. The project was also advertised on PlanetBids on October 26, 2021, and bids were received electronically via PlanetBids on November 16, 2021. The City notified a total of 355 regional vendors via PlanetBids and 26 vendors requested bidding documents.
Bid Results Summary
A total of eight bids were received, with all bids being deemed responsive. No bids were received from Santa Ana contractors.
RANK BIDDER’S NAME LOCATION BASE BID
1 Elecnor Belco Electric, Inc. Chino $413,942
2 California Professional Engineering, Inc. La Puente $432,775 3 Alfaro Communications Construction,Inc. Compton $447,905 4 Ferreira Coastal Construction Company Rancho Cucamonga $461,021 5 Comet Electric, Inc. Chatsworth $464,178
6 Select Electric, Inc. Vista $468,625
7 International Line Builders, Inc. Corona $473,405
8 KDC, Inc. dba Dynalectric L.A. Los Alamitos $488,249
Elecnor Belco Electric, Inc., submitted the lowest responsive base bid in the amount of $413,942 (Exhibit 3). Based on the bid analysis and a contractor’s reference check, staff recommends awarding the construction contract to Elecnor Belco Electric, Inc., in the amount bid (Exhibit 4). Elecnor Belco Electric, Inc. has a good history of performing quality work for the City dating back to 2015 and most recently in 2020 when they completed the bike lane project on Flower Street from Warner Avenue to Civic Center and associated traffic signal modifications. Other projects completed by Elecnor Belco Electric, Inc. include traffic signal installation and modifications at various locations and crosswalk upgrades throughout the city. Staff is confident that this contractor will continue to perform and produce quality work for the City.
Project Delivery
To deliver a complete project, in addition to the construction contract, the estimated total project delivery cost includes construction administration, inspection, and testing, along with an allowance for contingencies to account for unexpected or unforeseen conditions.
Construction administration and inspection include the following: construction management; implementation of the City’s Community Workforce Agreement; inspection of the Contractor’s work to ensure contract compliance, workmanship, and quality; and material testing. As indicated in the Cost Analysis (Exhibit 5) and as summarized in the table below, the estimated total construction delivery cost of the project is $523,636.
City Council 13 – 3 3/1/2022
Construction Contract for Main Street at 15th Street Traffic Signal Installation March 1, 2022
2 4
7 2
Construction Contract $413,942.00
Construction Administration, Inspection, and Testing 68,300.00 Contingencies 41,394.00
ESTIMATED CONSTRUCTION DELIVERY COST $523,636.00
ENVIRONMENTAL IMPACT
In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER- 2017-100 was filed for this project.
FISCAL IMPACT
As indicated in the Cost Analysis, the estimated total construction delivery cost of the project is $523,636, which includes the construction contract, contract administration, inspection, testing, and project contingency. Approval of the requested appropriation adjustments will provide $440,140 in HSIP grant funding for this project through the following transactions:
Recognize $335,793 in Fiscal Year 2017-18 Highway Safety Improvement Program grant funds into the Federal Aid Safety Program, Federal Grant-Indirect revenue account (No. 14717002-52001), and appropriate the same amount into the Public Services Street Safety Projects, Improvements Other Than Building expenditure account (No. 14717611-66220).
Recognize $104,347 in Fiscal Year 2021-22 Highway Safety Improvement Program grant funds into the Federal Aid Safety Program, Federal Grant-Indirect revenue account (No. 14717002-52001), and appropriate the same amount into the Public Services Street Safety Projects, Improvements Other Than Building expenditure account (No. 14717611-66220)
With approval of the reallocation of $83,496 in unspent Measure M2 Local Fairshare funding, the total funding needed to deliver construction of this project will be achieved.
All funds will be available for expenditure in Fiscal Year 2021-22. However, any remaining balances not expended at the end of the fiscal year will be carried forward into FY 2022-
23. Approval of the Appropriation adjustment will recognize $33,549 in prior-year fund balance in the Special Gas Tax Fund, Prior Year Carry Forward revenue account (No. 02917002-50001) and facilitate an interfund budgetary transfer from the Special Gas Tax Fund Interfund Transfer account (No. 02917002-68000-59) to the Select Street Construction Interfund Transfer account (No. 05917002-59000-29), and appropriate the same amount into the Select Street Construction Fund, Improvements Other Than Building expenditure account (No. 05917663-66220). The Gas Tax funds will be used to cover the unreimbursed grant funds for Preliminary Engineering.
City Council 13 – 4 3/1/2022
Construction Contract for Main Street at 15th Street Traffic Signal Installation March 1, 2022
2 4
7 2
The following table summarizes the funds budgeted for expenditure to deliver construction of this project:
Fiscal Year Accounting Unit-
Account #
Fund
Description
Accounting Unit,
Account Description
Amount
APPROPRIATION ADJUSTMENT – Construction
2021-22 14717611-66220
(Proj. 18-6918)
Federal Aid
Safety
Program
Public Services–Street
Safety Projects,
Improvements Other
Than Building
$335,793
2021-22 14717611-66220
(Proj. 18-6918)
Federal Aid
Safety
Program
Public Services–Street
Safety Projects,
Improvements Other
Than Building
$104,347
PROJECT BUDGET REALLOCATION
2021-22
03217662-66220
(From Proj. 16-6861 To
Proj. 18-6918)
Measure M-
Street
Construction
Measure M2 Local
Fairshare,
Improvements Other
Than Building
$53,435
2021-22
03217662-66220
(From Proj. 16-6853 To
Proj. 18-6918)
Measure M-
Street
Construction
Measure M2 Local
Fairshare,
Improvements Other
Than Building
$30,061
Total: $523,636
EXHIBIT(S)
1. Location Map
2. Construction Plans
3. Bid Proposal
4. Construction Contract
5. Cost Analysis
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Kristine Ridge, City Manager
City Council 13 – 5 3/1/2022
PWA
SANTA ANA
PUBLIC WORKS AGENCY
Project No. 18-6918:
Main St & 15th St New Traffic Signal Installation
Project
Location
WALNUT ST
ROUSSELLE ST
OCCIDENTAL ST
ST GERTRUDE PL
ANAHURST PL
EXHIBIT 1
ST GERTRUDE PL
15TH ST
City Council 13 – 6 3/1/2022
EXHIBIT 2
City Council 13 – 7 3/1/2022
EXHIBIT 2
City Council 13 – 8 3/1/2022
EXHIBIT 3
City Council 13 – 9 3/1/2022
EXHIBIT 3
City Council 13 – 10 3/1/2022
EXHIBIT 3
City Council 13 – 11 3/1/2022
EXHIBIT 3
City Council 13 – 12 3/1/2022
EXHIBIT 3
City Council 13 – 13 3/1/2022
EXHIBIT 3
City Council 13 – 14 3/1/2022
EXHIBIT 3
City Council 13 – 15 3/1/2022
EXHIBIT 3
City Council 13 – 16 3/1/2022
EXHIBIT 3
City Council 13 – 17 3/1/2022
EXHIBIT 3
City Council 13 – 18 3/1/2022
EXHIBIT 3
City Council 13 – 19 3/1/2022
EXHIBIT 3
City Council 13 – 20 3/1/2022
EXHIBIT 3
City Council 13 – 21 3/1/2022
EXHIBIT 3
City Council 13 – 22 3/1/2022
EXHIBIT 3
City Council 13 – 23 3/1/2022
EXHIBIT 3
City Council 13 – 24 3/1/2022
EXHIBIT 3
City Council 13 – 25 3/1/2022
EXHIBIT 3
City Council 13 – 26 3/1/2022
EXHIBIT 3
City Council 13 – 27 3/1/2022
EXHIBIT 3
City Council 13 – 28 3/1/2022
EXHIBIT 3
City Council 13 – 29 3/1/2022
EXHIBIT 3
City Council 13 – 30 3/1/2022
EXHIBIT 3
City Council 13 – 31 3/1/2022
EXHIBIT 3
City Council 13 – 32 3/1/2022
EXHIBIT 3
City Council 13 – 33 3/1/2022
EXHIBIT 3
City Council 13 – 34 3/1/2022
EXHIBIT 3
City Council 13 – 35 3/1/2022
EXHIBIT 3
City Council 13 – 36 3/1/2022
EXHIBIT 3
City Council 13 – 37 3/1/2022
EXHIBIT 3
City Council 13 – 38 3/1/2022
EXHIBIT 3
City Council 13 – 39 3/1/2022
EXHIBIT 3
City Council 13 – 40 3/1/2022
EXHIBIT 3
City Council 13 – 41 3/1/2022
EXHIBIT 3
City Council 13 – 42 3/1/2022
EXHIBIT 3
City Council 13 – 43 3/1/2022
EXHIBIT 3
City Council 13 – 44 3/1/2022
EXHIBIT 3
City Council 13 – 45 3/1/2022
EXHIBIT 3
City Council 13 – 46 3/1/2022
EXHIBIT 3
City Council 13 – 47 3/1/2022
EXHIBIT 3
City Council 13 – 48 3/1/2022
EXHIBIT 3
City Council 13 – 49 3/1/2022
EXHIBIT 3
City Council 13 – 50 3/1/2022
EXHIBIT 3
City Council 13 – 51 3/1/2022
EXHIBIT 3
City Council 13 – 52 3/1/2022
EXHIBIT 3
City Council 13 – 53 3/1/2022
EXHIBIT 3
City Council 13 – 54 3/1/2022
EXHIBIT 3
City Council 13 – 55 3/1/2022
EXHIBIT 3
City Council 13 – 56 3/1/2022
EXHIBIT 3
City Council 13 – 57 3/1/2022
EXHIBIT 3
City Council 13 – 58 3/1/2022
EXHIBIT 3
City Council 13 – 59 3/1/2022
EXHIBIT 3
City Council 13 – 60 3/1/2022
EXHIBIT 3
City Council 13 – 61 3/1/2022
EXHIBIT 3
City Council 13 – 62 3/1/2022
EXHIBIT 3
City Council 13 – 63 3/1/2022
EXHIBIT 3
City Council 13 – 64 3/1/2022
EXHIBIT 3
City Council 13 – 65 3/1/2022
EXHIBIT 3
City Council 13 – 66 3/1/2022
Exhibit 4
City Council 13 – 67 3/1/2022
Exhibit 4
City Council 13 – 68 3/1/2022
Exhibit 4
City Council 13 – 69 3/1/2022
Exhibit 4
City Council 13 – 70 3/1/2022
Exhibit 4
City Council 13 – 71 3/1/2022
Exhibit 4
City Council 13 – 72 3/1/2022
EXHIBIT 5
Construction Contract 413,942.00 $
Contract Administration, Inspection and Testing 68,300.00 $ Contingencies 41,394.00 $
TOTAL ESTIMATED CONSTRUCTION COSTS 523,636.00 $
CONSTRUCTION OF PROJECT NO. 18-6918: Main Street at 15th Street New Traffic Signal Installation
COST ANALYSIS
City Council 13 – 73 3/1/2022
Police Department
www.santa-ana.org/pd
Item # 14
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
March 1, 2022
TOPIC: Agreement with California Forensic Phlebotomy for Blood Technician Services AGENDA TITLE:
Approve a Three-year Agreement with California Forensic Phlebotomy in the Amount of $163,767 for Blood Technician Services (General Fund)
RECOMMENDED ACTION
Authorize the City Manager to execute a three-year agreement with California Forensic Phlebotomy, Inc., for the period of March 5, 2022 through March 4, 2025, to perform blood technician services, in an annual amount not to exceed $49,589, for a total amount not to exceed $163,767 (including a $15,000 contingency), subject to non-substantive changes approved by the City Manager and City Attorney.
DISCUSSION
California Forensics Phlebotomy, Inc. (CFP) is the current provider for blood and breath technician services for all Orange County law enforcement agencies. These technicians are responsible for drawing blood in a medically-approved manner, retaining these items through an evidentiary-approved process and relinquishing them to the Orange County Crime Lab for analysis. The Santa Ana Police Department calls on CFP to take blood samples from individuals that have been involved in incidents where drugs and/or alcohol are suspected.
The Santa Ana Police Department has utilized CFP since 1992 and has confirmed it remains the sole contracted provider for this service in Orange County. CFP is used solely by County Agencies, County Contracted Cities, and every incorporated city within Orange County. CFP is the only company in Orange County where employees remain on-call at all times, seven days per week, 24 hours per day, 365 days a year to conduct blood draws as requested. This allows CFP to respond to requests for service within 45 minutes. CFP has extensive experience in the policies and procedures of the Orange County Sheriff’s Department Forensic Sciences Lab, where all blood samples are processed and examined. In addition, CFP employees are required to complete an extensive background check and have access to secured areas.
City Council 14 – 1 3/1/2022
Agreement with California Forensic Phlebotomy for Blood Technician Services March 1, 2022
2 4
5 7
CFP staff also understands the requirements and expectations of the Santa Ana Police Department regarding blood sample draws.
The Police Department will pay CFP $103.31 per draw for their services. On average, CFP will perform 40 draws per month for the Police Department. This new agreement will cover the period of March 5, 2022 through March 4, 2025. The Police Department anticipates using $49,589 per year for these services, plus a $15,000 contingency, for a three-year total not to exceed $163,767. CFP has been accommodating, professional and consistent in the provision of its services, and the Police Department recommends approval of the proposed three-year agreement.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
Funds in the amount of $163,767 are available in the Police Department’s Field Operations-Contract Services account (no. 01114420-62300) and will be applied to Budget fiscal years as follows:
Fiscal Year Accounting Unit-
Account #
Accounting Unit, Account
Description Amount
FY 2021-22 01114420 62300 Field Operations-Contract Svcs $18,196 FY 2022-23 01114420 62300 Field Operations-Contract Svcs $54,589 FY 2023-24 01114420 62300 Field Operations-Contract Svcs $54,589 FY 2023-24 01114420 62300 Field Operations-Contract Svcs $36,393 Total $163,767
EXHIBIT(S)
1. California Forensic Phlebotomy Agreement
Submitted By: David Valentin, Police Chief
Approved By: Kristine Ridge, City Manager
City Council 14 – 2 3/1/2022
AGREEMENT WITH CALIFORNIA FORENSIC PHLEBOTOMY
TO PROVIDE BLOOD DRAWING
AND EVIDENCE CUSTODIAN SERVICES
THIS AGREEMENT is made and entered into on this 15th day of February, 2022 by and between, California Forensic Phlebotomy, Inc., a California corporation (“CFP” or “Contractor”), 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 Contractor having special skill and knowledge in the field of drawing blood on a routine and continual basis for the Santa Ana Police Department. CFP is the Sole Source blood draw and evidence custodian for all law enforcement agencies in the County of Orange.
B. Contractor represents that it is able and willing to provide such services to the City.
C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor 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
Contractor shall perform during the term of this Agreement, the tasks and obli gations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the drawing of blood on a routine and continual basis and evidence custodian for the Santa Ana Police Department as set forth in Exhibit A , attached hereto and incorporated herein by reference.
2. COMPENSATION
a. The City agrees to pay, and Contractor agrees to accept a rate of $ 103.31 per draw.
The total yearly amount to be expended, during the term of this Agreemen t, shall not exceed $49,588.80 per year. The total amount to be expended under the term of this Agreement shall not exceed $ 163,766.40. The sum of this amount shall include $148,766.40 for the base Agreement and a contingency amount of $15,000 for work assigned at the sole discretion of the City.
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 City Council 14 – 3 3/1/2022
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 March 5, 2022, and continue for a three (3) year period until March 4, 2025, unless terminated earlier in accordance with Section 15, below.
4. INDEPENDENT CONTRACTOR
Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor 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 Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor 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 Contractor under this Agreement (“Documents & Data”). Contractor 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.
Contractor represents and warrants that Contractor has the l egal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Dat a at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.
6. INSURANCE
Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below:
A. 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 City Council 14 – 4 3/1/2022
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.
B. Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Contractor has no owned autos, Code 8 (hired) and 9 (non- owned), with limit no less than $1,000,000 per accident for bodily injury and property damage.
C. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).
Primary Coverage
For any claims related to this contract, the Contractor’s insurance coverage shall be primary insurance primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.
Notice of Cancellation
Each insurance policy required above shall state that coverage shall not be canceled, except with notice to the City.
Waiver of Subrogation
Contractor hereby grants to City a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or n ot the City has received a waiver of subrogation endorsement from the insurer.
Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City. The City may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within City Council 14 – 5 3/1/2022
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.
2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work.
Verification of Coverage
Contractor shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. 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
Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor 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.
7. INDEMNIFICATION
Contractor 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 indemnit y and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial City Council 14 – 6 3/1/2022
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 Contractor 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 e xtent 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.
8. 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, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Contractor to the City pursuant to this Agreement.
9. RECORDS
Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete an d 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 payme nt to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor 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. Contractor 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 Contractor under this Agreement.
10. 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, Contractor agrees that it shall not use or disclose such informat ion 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 t he 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 Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) City Council 14 – 7 3/1/2022
is independently developed by the Contractor without reference to information disc losed by the City.
11. 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.
12. 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. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations.
13. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City a nd 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 Contractor 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 behal f of any party, which is not embodied herein.
14. 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 null and void. Nothing in this Agreement shall be construed to limit the City’s ability to have any of the service s which are the subject to this Agreement performed by City personnel or by other Contractors retained by City.
15. TERMINATION
This Agreement 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 Contractor compensation for all services performed by Contractor prior to receipt of such notice of City Council 14 – 8 3/1/2022
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 Contractor consents to the City's use thereof for such pur poses 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.
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 br each, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.
17. 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.
18. PROFESSIONAL LICENSES
Contractor 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. Contractor 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.
19. 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:
Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
City Council 14 – 9 3/1/2022
P.O. Box 1988
Santa Ana, CA 92702-1988
Fax: 714- 647-6956
With courtesy copies to:
Chief of Police
City of Santa Ana
20 Civic Center Plaza (M-97)
P.O. Box 1988
Santa Ana, California 92702
Fax: 714-245-8007
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) d ays 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.
20. 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.
[signature page to follow]
California Forensic Phlebotomy
5753 E. Santa Ana Canyon Road
Suite G-553
Anaheim Hills, CA 92807
Attn: Robert J. Vega, President
City Council 14 – 10 3/1/2022
City Council 14 – 11 3/1/2022
EXHIBIT A
SCOPE OF SERVICES
City Council 14 – 12 3/1/2022
City Council 14 – 13 3/1/2022
Parks, Recreation, and Community Services
www.santa-ana.org/parks
Item # 15
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
March 1, 2022
TOPIC: Parks, Facilities, Trails, and Open Space Master Plan Consultant AGENDA TITLE:
Agreement Amendment with MIG to Amend the Scope of Work and Increase the Compensation for a Parks, Facilities, Trails, and Open Space Master Plan (General Fund)
RECOMMENDED ACTION
Authorize the City Manager to execute an amendment to the agreement with MIG to amend the scope of work to prepare a Parks, Facilities, Trails, and Open Space Master Plan and increase the compensation by $44,970 for a total amount not to exceed $205,570, subject to non-substantive changes approved by the City Manager and City Attorney.
DISCUSSION
On December 1, 2020, the City Council approved an agreement with MIG (Consultant) to prepare a Parks, Facilities, Trails and Open Space Master Plan (Parks Master Plan) for the period of December 1, 2020 through December 31, 2021, with an option to extend an additional six months. Despite the constraints of working during the pandemic, the Consultant diligently worked with City staff towards completing tasks identified in the scope of work. During this process, City staff exercised the option to extend the contract for an additional six months. At this time, staff is requesting an amendment to the scope of work and additional funding to complete the Master Plan process.
The nature of changes include the following:
New tasks added by the City, including a consolidated outreach summary (including General Plan Findings), park design and development guidelines, residential impact fee/funding approach, and terms (Glossary). Greater detail added by the City for additional maps/information, more extensive revisions, preparation of Recreation Element of the General Plan, increased involvement of PRCSA Commission in plan review, extension of the project timelines, and continued General Plan coordination.
The Parks Master Plan will be completed on time and presented to the City Council for approval at the May 17, 2022 City Council meeting.
City Council 15 – 1 3/1/2022
Parks, Facilities, Trails, and Open Space Master Plan Consultant March 1, 2022
2 4
5 9
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
The original agreement was $160,600 and included a 20% contingency. The new total agreement amount is $205,570. Funds are available in the following account for the specified fiscal year:
Fiscal
Year
Accounting
Unit-Account #
Fund
Description
Accounting Unit,
Account Description
Amount
FY 21-22 01113250-62320
General fund Park Facilities,
Maintenance & Repair
Building & Ground
$44,970
EXHIBIT(S)
1. Agreement Amendment
Submitted By: Lisa Rudloff, Executive Dir. of Parks, Recreation and Community Services
Approved By: Kristine Ridge, City Manager
City Council 15 – 2 3/1/2022
Exhibit 1
City Council 15 – 3 3/1/2022
Exhibit 1
City Council 15 – 4 3/1/2022
Exhibit 1
City Council 15 – 5 3/1/2022
Exhibit 1
City Council 15 – 6 3/1/2022
Exhibit 1
City Council 15 – 7 3/1/2022
Exhibit 1
City Council 15 – 8 3/1/2022
Exhibit 1
City Council 15 – 9 3/1/2022
Finance and Management Services
www.santa-ana.org/finance
Item # 16
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
March 1, 2022
TOPIC: Agreement Amendment with Pitney Bowes Presort Services, LLC for mail processing services
AGENDA TITLE:
Approve a First Amendment to Agreement with Pitney Bowes Presort Services, LLC for mail processing services for an amount not to exceed $40,000 and exercise an optional renewal extension from April 1, 2022 through February 1, 2024 (Non-General Fund)
RECOMMENDED ACTION
Authorize the City Manager to execute a First Amendment to Agreement with Pitney Bowes Presort Services, LLC for mail processing services and exercise a renewal option for a term commencing April 1, 2022 through January 31, 2024 for a total amount not to exceed $40,000, subject to non-substantive changes and approved by the City Manager and City Attorney.
DISCUSSION
The Finance and Management Services Agency’s Central Services Division (“Central Services”) currently utilizes Pitney Bowes Presort Services, LLC (“PBPS”) to pick up and process City mail. PBPS is a presort house that barcodes and presorts the mail by zip code. When mail is barcoded and presorted, PBPS delivers the items to the local United States Postal Service (“USPS”) processing facility.
In addition to standard mail, the City mails out various bulk mailings for City functions, including, but not limited to, Business Tax and Dog Licensing. These mailings require the use of envelopes with a pre-printed permit imprint. PBPS is permitted for this service with the USPS and processes these large mailings on behalf of the City.
By approving the First Amendment to Agreement with PBPS, the following changes and rate increases will be reflected:
1. As a result of the USPS raising their rates, PBPS has updated the fee schedule (see table below).
2. Change the postage date of presort mail from same day to next day. Currently, City mail is postmarked with the date it is processed by Central Services, typically the same day. Due to PBPS processes and the time of day that we request a pickup (4:30 p.m.) PBPS has requested we postmark all presort mail with the next business date.
City Council 16 – 1 3/1/2022
Pitney Bowes – First Amendment to Agreement
March 1, 2022
2 4
6 3
3. Change in ancillary fees. These fees would apply if the City’s mail is non-compliant with the mail specifications as stated in the agreement. The City of Santa Ana has not been charged any non-compliant fees in recent years.
Current Fees Type Proposed New Fees
$0.0267/per piece Presort Mail $0.0341/per piece
$0.0298/per piece Permit Mail $0.0341/per piece
PSBS is a global shipping and mailing company that provides technology, logistics, and financial services. Small businesses, retail, enterprise, and government clients around the world rely on PBPS to remove the complexity of sending mail and parcels. Therefore, staff recommends approving the First Amendment to Agreement and exercising the optional renewal term from April 1, 2022 through February 1, 2024 with PBPS, to ensure City business mail is processed at a cost effective and timely manner.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
FY Accounting Unit -
Account No. Fund Description Maximum
Amount
2021-22 07110100-62300 Central Services- Contract Services $5,000 2022-23 07110100-62300 Central Services- Contract Services $20,000 2023-24 07110100-62300 Central Services- Contract Services $15,000 Grand Total:
$40,000
EXHIBIT
1. Amendment to Agreement
Submitted By: Kathryn Downs, FMSA Executive Director
Approved By: Kristine Ridge, City Manager
City Council 16 – 2 3/1/2022
EXHIBIT 1
City Council 16 – 3 3/1/2022
Kathryn Downs (Feb 14, 2022 15:10 PST)
City Council 16 – 4 3/1/2022
City Council 16 – 5 3/1/2022
City Council 16 – 6 3/1/2022
City Council 16 – 7 3/1/2022
City Council 16 – 8 3/1/2022
City Council 16 – 9 3/1/2022
City of Santa Ana_A2019038_PBPS_AMND
1_pbps signed 02142022 (003)
Final Audit Report 2022-02-14
Created: 2022-02-14
By: Kristin Andrade ([email protected])
Status: Signed
Transaction ID: CBJCHBCAABAAbs4lgVHIvHl15hrXx2fqZI9RrAkpw7Sj "City of Santa Ana_A2019038_PBPS_AMND 1_pbps signed 021 42022 (003)" History
Document created by Kristin Andrade ([email protected]) 2022-02-14 - 10:50:25 PM GMT- IP address: 98.153.69.210 Document emailed to Kathryn Downs ([email protected]) for signature 2022-02-14 - 10:50:53 PM GMT
Email viewed by Kathryn Downs ([email protected])
2022-02-14 - 11:10:07 PM GMT- IP address: 98.153.69.210 Document e-signed by Kathryn Downs ([email protected]) Signature Date: 2022-02-14 - 11:10:15 PM GMT - Time Source: server- IP address: 98.153.69.210 Agreement completed.
2022-02-14 - 11:10:15 PM GMT
City Council 16 – 10 3/1/2022
City Manager Office
www.santa-ana.org/cm
Item # 17
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
March 1, 2022
TOPIC: Food Distribution/Supply Programs
AGENDA TITLE:
Approve Agreements with Delhi Center, Elks Building Association of Santa Ana, United Across Borders Foundation, Latino Health Access, and OneOC for Food Distribution/Supply Programs for a One-Year Term in an Aggregate Amount Not to Exceed $900,000 (Revive Santa Ana Program)
RECOMMENDED ACTION
Authorize the City Manager to execute agreements with Delhi Center, Elks Building Association of Santa Ana, United Across Borders Foundation, Latino Health Access, and OneOC to operate food distribution and food supply programs for a one-year term beginning March 1, 2022 and expiring February 28, 2023, in a total shared aggregate amount not to exceed $900,000, subject to non-substantive changes approved by the City Manager and City Attorney.
DISCUSSION
Revive Santa Ana is a comprehensive COVID-19 pandemic recovery initiative designed to deliver both short-term and long-term health, financial, educational and other support to the Santa Ana community. It is funded by a federal American Rescue Plan Act allocation of $128.3 million, additional housing funding of $21.5 million, and $10.6 million in federal funds from the state for emergency rental assistance. The City Council approved the use of the first portion of money on July 20, 2021.
On January 14, 2022, the City Manager’s Office issued a Request for Proposals (RFP) for contractors to operate food distribution and food supply programs throughout the city.
The RFP was advertised on the City’s online bid management and publication system, with bids due on February 7, 2022 (Exhibit 1). Five non-profit organizations submitted proposals and all five proposals were responsive. Staff recommends awarding agreements to all five non-profit agencies as listed below (Exhibit 2-6).
City Council 17 – 1 3/1/2022
Food Distribution/Supply Programs
March 1, 2022
2 4
7 5
Organization Funding Amount Requested Per
Year
Proposed
Award
Delhi Center $249,997 $218,574
Elks Lodge $188,760 $165,034
United Across Borders
Foundation
$250,000 $218,576
Latino Health Access $125,000 $109,288
OneOc (MPNA Green) $215,631.16 $188,528
Total $1,029,388.16 $900,000
The Delhi Center, Latino Health Access, and United Across Borders Foundations are proposing to offer traditional food distribution events. These proposed programs will operate weekly and will provide low-income community members with access to free food, diapers and other essential supplies. The Santa Ana Elks Lodge is proposing to offer weekly hot meals at their facility with the option for meal delivery for those individuals with limited mobility. MPNA-Green is proposing to provide $300 food vouchers for Santa Ana households that have been impacted by COVID-19. Additional program details including detailed budgets and scope of work for each of the proposed programs are outlined in the agreements (Exhibits 2-6).
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
Funds are available for expenditure in Fiscal Year 2021-22. Any remaining balances not expended at the end of the fiscal year will be carried forward to the following fiscal year.
Fiscal
Year
Accounting Unit -
Account No.
(Project No.)
Fund
Description
Accounting Unit –
Account No.
Description
Amount
2021-22 18103013-Various
(Project No. 221322)
American
Rescue Plan Act
ARPA-CMO, Food
Distribution Programs
$900,000
Total $900,000
EXHIBIT(S)
1. RFP No. 22-009A Food Distribution / Food Supply Programs
2. Agreement – Delhi Center
3. Agreement – Elks Lodge
4. Agreement – United Across Borders Foundation
5. Agreement – Latino Health Access
6. Agreement - OneOc
City Council 17 – 2 3/1/2022
Food Distribution/Supply Programs
March 1, 2022
2 4
7 5
Submitted By: Kristine Ridge, City Manager
Approved By: Kristine Ridge, City Manager
City Council 17 – 3 3/1/2022
City of Santa Ana RFP 22-009A
REQUEST FOR PROPOSALS (RFP)
FOR
REVIVE: SANTA ANA
FOOD SUPPLY/ DISTRIBUTION PROGRAMS
RFP NO.: 22-009A
CITY OF SANTA ANA
City Manager’s Office
20 Civic Center Plaza-M31
Santa Ana, CA 92701
DAISY PEREZ
RFP ADMINISTRATOR
(714) 647-5219 OFFICE
[email protected]
City Council 17 – 4 3/1/2022
City of Santa Ana RFP 22-009A
NOTICE INVITING PROPOSALS
NOTICE IS HEREBY GIVEN that proposals will be received from qualified organizations for REVIVE :
SANTA ANA FOOD SUPPLY AND DISTRIBUTION PROGRAMS.
Responses to this request for proposals (RFP) will be accepted no later than Monday, February 7, 2022 at 5:00 p.m.
Proposals shall be submitted electronically through the planetbids website. No other form of submittal will be accepted. It is the responsibility of proposers to ensure that any proposal submitted has been uploaded to planetbids prior to this proposal due date and time.
Proposals shall not be mailed or sent via telegraphic, electronic or facsimile means.
All notifications, updates and addenda will be posted on the planetbids 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.
The City reserves the right to reject any or all proposals, or waive any irregularities or technical deficiencies in any proposal.
City Council 17 – 5 3/1/2022
City of Santa Ana RFP 22-009A
CITY OF SANTA ANA
REQUEST FOR PROPOSALS
REVIVE: SANTA ANA FOOD SUPPLY/DISTRIBUTION PROGRAMS
RFP NO.: 22-009A
TABLE OF CONTENTS
I. GENERAL
4 II. PROPOSAL TERMS AND CONDITIONS
A. EXAMINATION
B. DILIGENCE MATERIAL
C. PROPOSAL VALIDITY
D. PRE-CONTRACTUAL EXPENSES
E. PROPOSAL INFORMATION
F. EVIDENCE OF FINANCIAL CAPABILITY
G. CITY RIGHT TO REJECT
H. EXECUTION OF AGREEMENT
I. LICENSES & PERMITS
J. INSURANCE
K. PAYMENT INFORMATION PACKET
5 III. INSTRUCTIONS TO PROPOSERS
A. POINT OF CONTACT
B. JOINT OFFERS/SUBCONSULTANTS
C. REQUEST FOR INFORMATION OR CLARIFICATION
D. ADDENDA
E. PRE-PROPOSAL MEETING
F. ERRORS IN PROPOSAL
G. PROTESTS
7 IV. SUBMITTAL REQUIREMENTS
A. GENERAL
B. PROPOSAL CONTENTS
8 V. PROPOSAL REVIEW (CONSULTANT SELECTION)
A. EVALUATION AND RATING
B. SELECTION
11 VI. AWARD OF AGREEMENT
A. REQUEST FOR COUNCIL ACTION
B. EXECUTION OF AGREEMENT
12 VII. IMPLEMENTATION
A. KICK-OFF MEETING
B. NOTICE TO PROCEED
12 VIII. PUBLIC RECORDS
12 IX. APPENDIX 13
ATTACHMENT 1: SCOPE OF WORK
ATTACHMENT 2: SAMPLE AGREEMENT
ATTACHMENT 3: SUBMITTALS (CERTIFICATIONS, STATEMENTS, SCHEDULES) ATTACHMENT 4: ADDITIONAL INFORMATION
City Council 17 – 6 3/1/2022
City of Santa Ana RFP 22-009A
I. GENERAL
Revive Santa Ana is a comprehensive C OVID-19 pandemic recovery initiative designed to deliver both short -term and long -term health, financial, educational and other support to the Santa Ana community. It is funded by a federal American Rescue Plan Act allocation of $128.3 million, additional housing funding of $21.5 million, and $10.6 million in federal funds from the state for emergency rental assistance. The Santa Ana city council approved the use of the first portion of money on July 20, 2021.
The City is issuing a request for proposals to award up to $ 1,000,000 (minimum:
$50,000/maximum $250,000) in federal grant funds to qualified non- profit organizations that have the expertise and experience in providing food supply and/or food distribution programs in the city of Santa Ana.
This is a reimbursement grant opportunity. Organizations awarded grants will need to expend funds in qualified, eligible categories and then request reimbursement from the city with appropriate documentation of expenses.
Request for proposal timeline (subject to change at the discretion of the city):
RFP Release: Friday, January 14, 2022
Pre-Proposal Zoom Meeting: Monday, January 31, 2022 10:00 AM PST Please See Below For Zoom Meeting
Information
Deadline for Requests for Information: Wednesday, February 2, 2022 5:00 PM PST Proposal Due: Monday, February 7, 2022 5:00 PM PST
Projected Award: Tuesday, March 1, 2022
Projected Agreement Start Date: March 1, 2022
Projected Agreement End Date February 29, 2024
The City has established a proposal review committee to evaluate proposers based on the response to the RFP , which includes adherence to outlined directions and format, and the city evaluation criteria set forth below. The results from the evaluation committee will be provided to the executive director and/or city manager for final consideration for recommendation to the city council for awarding a grant.
City Council 17 – 7 3/1/2022
City of Santa Ana RFP 22-009A
Zoom Meeting Information
City Of Santa Ana Is Inviting You To A Scheduled Zoom Meeting.
Topic: Revive Pre-Proposal Zoom Meeting (D. Perez)
Time: Jan 31, 2022 10:00 AM Pacific Time (US And Canada)
Join Zoom Meeting
https://us02web.zoom.us/j/84808506542?pwd=cFVWSlYrVXVJTVpJUE1aSTVubG1kQT09
Meeting ID: 848 0850 6542
Passcode: 739213
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Passcode: 739213
Find your local number: https://us02web.zoom.us/u/kc7MEb0SW5
II. PROPOSAL TERMS AND CONDITIONS
By submitting a Proposal, the PROPOSER acknowledges that it has thoroughly examined and accepts the Terms and Conditions of this RFP as described below:
A. EXAMINATION
PROPOSER represents that it has thoroughly examined and become f amiliar with the services and responsibilities outlined 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 the relation to this RFP are fully incorporated.
B. DILIGENCE MATERIAL
Diligence Material, if provided, is subject to the following disclaimer: Neither the CITY or any of its agents, advisors, or representatives: has made or makes any representation or warranty, express or implied, as to the accuracy or completeness of the Di ligence Material. Without limiting the generality of the foregoing, the Diligence Material may include certain assumptions, statements, estimates and projections provided by or with respect to the CITY. Such assumptions, statements, estimates, and projecti ons reflect various assumptions made by the CITY, which assumptions may or may not prove to be correct. No representations are made by the CITY as to the accuracy of such City Council 17 – 8 3/1/2022
City of Santa Ana RFP 22-009A
assumptions, statements, estimates, or projections.
C. PROPOSAL VALIDITY
Services, pricing and warranties indicated in a respondent’s Proposal must be valid for a period of 120 days after the submission of the Proposal.
D. PRE-CONTRACTUAL EXPENSES
Santa Ana shall not be liable for any pre-contractual expenses incurred by PROPOSERS in the preparation of its proposal.
E. PROPOSAL INFORMATION
It is understood and agreed upon by the PROPOSER in submitting a Proposal that the CITY has the right to withhold all information regarding this process until after Agreement award, including but not limited to: the number received; competitive technical information; competitive price information; and the CITY evaluation concerns about competing Proposals. Information releasable after award is subject to the disclosure requirements of the Public Records Act, California Government Code Section 6250.
F. EVIDENCE OF FINANCIAL CAPACITY
Proposer may be requested to submit its most recent audited financial statement, evidencing PROPOSER’s financial capacity to fully perform the required services, including provision of equipment and personnel expenses over a ninety (90) day period.
If said financial statement does not reflect full ninety (90) day operational capacity, PROPOSER may include a letter of credit as evidence of supplemental capacity.
G. 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.
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. Subcontractors shall be the responsibility of the successful PROPOSER and the CITY shall assume no liability of such subcontractors.
H. EXECUTION OF AGREEMENT
The CITY and the selected PROPOSER(S) will enter into an Agreement similar to that as shown in Attachment 2, in the Appendix of this RFP. 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 select the next most qualified PROPOSER or call for new Proposals, whichever the CITY deems most appropriate.
City Council 17 – 9 3/1/2022
City of Santa Ana RFP 22-009A
I. LICENSES & PERMITS
The selected PROPOSER shall be required to obtain a CITY of Santa Ana Business license within ten (10) business days of selection and must provide a copy to the CITY Project Manager or designee prior to commencing any work in Santa Ana.
Additionally, PROPOSER will be responsible for obtaining any licenses/permits required by the Scope of Work.
J. 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 award.
K. PAYMENT INFORMATION PACKET
The selected PROPOSER shall return a completed payment information packet within ten (10) business days after the successful PROPOSER has received notice that the agreement has been awarded. The packet is available on the CITY ’s website: https://www.santa- ana.org/doing-business-city#
INSTRUCTIONS TO PROPOSERS
A. POINT OF CONTACT
The selected PROPOSER will assume responsibility for all services in its proposal. The selected PROPOSER shall identify a sole point of contact 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.
B. JOINT OFFERS/SUBCONSULTANTS
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 organization and not with multiple organizations 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 provis ions of the Agreement shall apply to all sub consultants in the same manner as the PROPOSER.
C. REQUEST FOR INFORMATION OR CLARIFICATION
Any requests for clarification or other questions concerning this RFP must be submitted via PlanetBidsby or before the “Deadline for Requests for Information” date noted in the RFP Timeline under Section I. General. No verbal requests or responses will be accepted.
Significant interpretations or clarifications will be addressed via addenda to this RFP, which will be released and posted on PlanetBids under the “Addenda/Emails” tab, as indicated in Section III.D.
City Council 17 – 10 3/1/2022
City of Santa Ana RFP 22-009A
D. ADDENDA
Any changes in the RFP from the date of release to date of submittal will result in an addendum or amendment. Notification of such addendum or amendment shall be posted through the City’s electronic bid management system at
http://www.planetbids.com/portal/portal.cfm?CompanyID=20137 PROPOSERS shall be responsible for monitoring the site to obtain information regarding this solicitation.
E. PRE-PROPOSAL MEETING
If stated in the timeline, a pre-proposal meeting will occur on the date and time identified herein. The meeting will include discussion of the project scope and a question -and- answer session. Significant interpretations or clarifications will be addressed via addenda to this RFP.
F. ERRORS IN PROPOSAL
If, prior to the opening of Proposals, a PROPOSER discovers an error in the Proposal, the PROPOSER may submit a replacement Proposal prior to the time and date set as the deadline for submitting Proposals. The replacement Proposal shall clearly indicate that it supersedes the prior Proposal.
After the close of the RFP Period, an erroneous Proposal may not be replaced or modified; but the PROPOSER may request the CITY release the PROPOSER due to an error in the Proposal. The CITY may release the PROPOSER if the integrity of the Proposal process is not jeopardized, the error was a result of excusable neglect, and the PROPOSER is not advantaged. If the CITY releases the PROPOSER, the Proposal will be deemed rejected and the PROPOSER shall be prohibited from performing all or any portion of this project.
A PROPOSER’S error in adding numerical items contained in the Proposal shall not constitute a material error. Rather, the CITY will rely upon the amount assigned to each item of the Proposal.
G. PROTESTS
PROPOSERS with concerns or rebuttal of any staff determination of non-responsiveness or non- responsibility may submit, in writing within five (5) business days, to the RFP Administrator, any concerns regarding the RFP process or staff determination. Such writing shall be considered by the City Manager or his designated representative, and may be acted upon within five (5) business days. If no action is taken within such time, there shall be no change to the staff determination. The exercise by PROPOSER of its right to submit written concerns shall be a condition precedent to seeking judicial review of any award of a contract hereunder.
III. SUBMITTAL REQUIREMENTS
A. GENERAL
1. ELECTRONIC SUBMITTAL : Proposers are required to submit all elements City Council 17 – 11 3/1/2022
City of Santa Ana RFP 22-009A
identified in section IV. B. Proposal Contents via the PlanetBids website. The City is not responsible for any technical difficulties, such as unavailable internet connection, website failure, etc . It is the responsibility of the proposer to ensure that any proposal submitted has been uploaded to PlanetBids prior to this proposal due date and time.
2. DEADLINE: Proposals are due to the City of Santa Ana, at the date, time, and location set forth above in the Notice Inviting Proposals.
B. PROPOSAL CONTENTS
A responsive proposal shall contain the following documentation:
1. COVER LETTER: Proposals shall include a letter signed by a principal or authorized representative who can make legally binding commitments for the entity. Include type of business entity.
2. TABLE OF CONTENTS: Proposals shall include a listing, by page number and all other contents of the Proposal that are listed below.
3. STATEMENT OF QUALIFICATIONS:
a) Organization and Team Experience: Proposal shall include 1) Organizational Chart, (1 page max)
2) Profile of the organization’s experience (1 page max) 3) Resumes of team that will be providing services (1 page max per resume)
b) Relevant Program/Service Experience: (1 page max) Proposal shall include a list of programs/services, which your organization has provided within the last five (5) years. Program/Service information should include program descriptions.
Federal Funding: (1 page max) Proposal shall include a listing that contains the items below of Federal grants received (directly or from a Pass-through Agency) within the past five (5) years.
-Name of Federal Awarding Agency
-Name of Grant
-Grant Agreement Number
-Federal Catalog Number
-Project Period
-Award Amount
-Scope of work
4. SCOPE OF WORK: (5 page max)
1. Proposal shall include details of food supply and/or food distribution services to be provided, the tasks to be accomplished, duration of the program (proposals may be up to two years) and the deliverables to be provided
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City of Santa Ana RFP 22-009A
2. Proposal shall include details of the target population
3. Proposal shall include details of the unmet need
4. Proposal shall include details of collaborations with local organizations
5. Proposal shall include details of innovation in program/service delivery
5. DATA COLLECTING, REPORTING AND COMPLIANCE: (2 pages max)
1. The proposal shall include details on how the organization will comply with the State and Local Fiscal R ecovery Funds, Compliance and Reporting responsibilities for the following categories:
2: Negative Economic Impacts
2.1 Household Assistance: Food Programs
Proposers will have to comply with and demonstrate Evidence of Use and Project Demographic Distribution. See link for guidance book:
https://home.treasury.gov/system/files/136/SLFRF-Compliance-and- Reporting-Guidance.pdf
2. The proposal shall include details on how the organization will service people in a Qualified Service Tract (QCT) (See link for below for map). If service is not in a QCT, how will the organization support their determination that the pandemic resulted in disproportionate public health or economic outcomes to the specific population, household, or geographic area served. https://www.huduser.gov/portal/sadda/sadda_qct.html
3. The proposal shall include details on how the organization will comply with 2 CFR part 200 (Uniform Administrative Requirements).
See link for below for regulations.
https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200?toc=1
6. BUDGET PROPOSAL: (2 page max) The proposal shall include a line item budget proposal for services for the entirety of the program period (proposals may be for up to a two-year period). In addition, please describe your organization’s ability to support cashflow needs between reimbursement of expenditures , estimated 90- 120 days (invoicing is anticipated to be bi-monthly or quarterly).
7. CERTIFICATIONS/STATEMENTS:
The following forms, included in Attachment 3 in the Appendix of this RFP shall be signed and included as part of the proposal submittal package:
• Attachment 3-1: Non-Collusion Affidavit
• Attachment 3-2: Non-Lobbying Certification
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City of Santa Ana RFP 22-009A
• Attachment 3-3: Non-Discrimination Certification
• Attachment 3-4: Agreement Statement
• Attachment 3-5: Organizational Status Documentation
IV. PROPOSAL REVIEW (CONSULTANT SELECTION)
A. EVALUATION AND RATING
The CITY has established a proposal review committee to evaluate propos als based on the response to the RFP, which includes adherence to outlined directions and format, and the CITY evaluation criteria set forth above. A final score will be calculated for each submitted proposal and used to rank the PROPOSERS.
The criteria for evaluating the proposals submitted will take the following items into consideration:
• Statement of Qualifications 25%
• Scope of work 25%
• Data Collection, Reporting and Compliance 25%
• Budget 25%
The CITY reserves the right to request clarification and/or request additional information from PROPOSERS, if necessary. Such clarifications and/or additional information shall be submitted by the PROPOSERS as an Addendum to the Proposal upon request of the Contract Officer. However, s ince PROPOSERS may not request to provide additional input, PROPOSERS are advised to submit complete information in the Proposal.
Based on the evaluation results, the CITY may make a recommendation to award a grant or create a finalist list for further ev aluation. PROPOSERS with a score insufficient to make the finalist list will not proceed in the evaluation process. The threshold for the finalist list will be determined by the evaluation committee. Factors used for the threshold determination are the number of proposals and initial scores of the proposals. For example, the lowest score of the top three scores will set the threshold and any s core under that will not make the finalist list. The CITY may hold interviews and finalists may be asked to participate in an interview session and/or supplemental questionnaire. Exact date and time will be provided to the finalist(s) seven days prior to the assigned interview session and/or due date of the supplemental questionnaire. If an interview session and/or supplemental questionnaire is performed, the finalist will be ranked in order to determine which proposal(s) is(are) in the best interest to the CITY.
B. SELECTION
The CITY will recommend award of the agreement to the PROPOSER(S) who will provide the best quality and value to the CITY. CITY reserves the right to negotiate the final terms of the agreement. CITY reserves the right to begin negotiations and enter into an agreement without interview or further discussions. PROPOSER(S) will be asked to sign a te ntative agreement that will be subject the City final approval. If in the negotiation process, the CITY and PROPOSER(S) cannot agree on final terms, the City reserves the City Council 17 – 14 3/1/2022
City of Santa Ana RFP 22-009A
right to begin negotiations with the next highest ranked proposer and/ or reject any/ all proposals.
V. AWARD OF AGREEMENT
A. REQUEST FOR COUNCIL ACTION
Following evaluation and rating by the proposal review committee, the Executive Director will recommend award of an agreement to the PROPOSER(S) providing the best quality and value to the CITY.
B. EXECUTION OF AGREEMENT
A s tandard agreement is included as Attachment 2, in the Appendix of this RFP . “PROPOSER” will hereinafter be referred to as “Consultant” 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.
VI. IMPLEMENTATION
A. KICK-OFF MEETING
A kick-off meeting may be held after award of contract. Consultant and its team will meet with City of Santa Ana staff to conduct introductions, discuss scope of services, and implementation process.
B. NOTICE TO PROCEED
Following the kick-off meeting, a formal Notice to Proceed (NTP) may be issued after the agreement is fully executed, and all i nsurance documents and contents of the Payment Information Packet have been received and approved.
VII. PUBLIC RECORDS
All responses to the RFP shall become property of the CITY, and proposals will become public record after award of agreement. PROPOSER information identified as proprietary information shall be maintained confidential, to the extent allowed under the California Public Records Act.
The City of Santa Ana, City Attorney Office will make the determination on whether information identified as proprietary meets confidentiality requirements.
City Council 17 – 15 3/1/2022
City of Santa Ana RFP 22-009A
Appendix
ATTACHMENT 1
SCOPE OF WORK
CITY OF SANTA ANA
REQUEST FOR PROPOSALS
FOR
REVIVE:
SANTA ANA FOOD SUPPLY/DISTRIBUTION PROGRAMS
RFP NO.: 22-009A
Revive Santa Ana is a comprehensive COVID-19 pandemic recovery initiative designed to deliver both short-term and long-term health, financial, educational and other support to the Santa Ana community.
It is funded by a federal American Rescue Plan Act allocation of $128.3 million, additional housing funding of $21.5 million, and $10.6 million in federal funds from the State for emergency rental assistance. The Santa Ana City Council approved the use of the first portion of money on July 20, 2021.
The CITY is issuing a Request for Proposals to award $1,000,000 Federal grant funds to qualified non- profit organizations that have the expertise and experience in providing the following programs for Santa Ana Residents:
• Food Distribution Programs
• Food Supply Programs
This is a reimbursement grant opportunity. Organizations awarded grants will need to expend funds in qualified, eligible categories and then request reimbursement from the City with appropriate documentation of expenses.
City Council 17 – 16 3/1/2022
City of Santa Ana RFP 22-009A
Appendix
ATTACHMENT 2
AGREEMENT-SAMPLE
(non-substantive changes may occur)
AGR
EEMENT BETWEEN THE CITY OF SANTA ANA AND
FOR USE OF
AMERICAN RESCUE PLAN ACT (ARPA) FUNDS
This Agreement is hereby made and entered into this day of , 2022, by and between the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“CITY”), and , a California domestic nonprofit corporation (“CONTRACTOR” ).
RECITALS:
A. Th
e American Rescue Plan Act (“ARPA”) was signed into law in March 2021. ARPA provides funding for a number of different programs, including the Coronavirus State and Local Fiscal Recovery Fund (“SLFRF”), to provide monetary support to local governments to respond to, mitigate, and recover from the COVID-19 public health emergency.
B. On J
uly 20, 2021, the Santa Ana City Council authorized the City Manager to utilize ARPA SLFRF funding from the United States Department of Treasury for the Revive Santa Ana Spending Plan, which includes five spending categories: recovery from the pandemic, direct assistance programs, public health and safety, critical infrastructure, and city fiscal health.
C. CONT
RACTOR has been selected by the CITY to receive ARPA SLFRF Funds in order to provide food distribution and/or food supply programs, in accordance with the Scope of Work attached hereto as Exhibit A and incorporated herein by reference (“said program”).
CONTRACTOR represents that it is qualified and willing to operate said program and certifies that the administration of said program carried out with funds provided under this Agreement will meet ARPA’s objectives to respond to, mitigate, and recover from this historic COVID-19 public health crisis.
D. CONT
RACTOR agrees that it will adhere to the tasks and services as indicated in Exhibit A for said program. Failure to follow the requirements and meet the stated expectations may constitute breach of contract that could result in termination of this Agreement or serve as reason for the CITY to recapture the grant funds awarded to CONTRACTOR pursuant to this Agreement.
WH
EREFORE, it is agreed by and between the parties that the foregoing Recitals are a substantive part of this Agreement and the following terms and conditions are approved and together with all exhibits and attachments hereto, shall constitute the entire Agreement between the CITY and CONTRACTOR:
I. ARPA PROGRAM PROVISIONS
A. Sc ope of Work. CONTRACTOR shall be responsible for the specific tasks and services of said program, and agrees to administer said program in compliance with the tasks and services as City Council 17 – 17 3/1/2022
City of Santa Ana RFP 22-009A
described in the Scope of Work attached hereto as Exhibit A. CONTRACTOR ’s failure to perform as required may, in addition to other remedies set forth in this Agreement, result in readjustment of the amount of funds for said program or termination of this Agreement.
B. Term of Agreement. The term of said Agreement shall commence on the date first written above and continue through February 29, 2024 (“Term”), unless terminated earlier pursuant to the terms of this Agreement. This Agreement shall also cover any and all services provided by the CONTRACTOR to the CITY since the date the ARPA SLFRF Funds were awarded to the CITY.
Additionally, the Term of this Agreement may be extended by a writing executed by the City Manager, or designee, and the City Attorney.
C. Amount of Grant Funding. The total amount of funds provided for said program shall not exceed dollars ($ ) (“ARPA SLFRF Funds”) during the Term of the Agreement. CONTRACTOR agrees to use said ARPA SLFRF Funds to administer said program as outlined in Exhibit A.
D. Disbursement of Funds . Said ARPA SLFRF Funds shall be disbursed by CITY to CONTRACTOR pursuant to the terms found in the Fee Payment Schedule attached hereto as Exhibit B, with payments subject to the submittal of invoices and other reporting requirements, as hereinafter more fully set forth. CONTRACTOR shall be obligated to perform such duties as would normally extend beyond the term, including, but not limited to, obligations with respect to indemnification, audits, reporting, data retention/reporting, and accounting. Failure to provide any of the required documentation and reporting will cause CITY to withhold all or a portion of a request for ARPA SLFRF Funds, or return the entire request to CONTRACTOR, until such documentation and reporting has been received and approved by CITY.
(1) Reduction in ARPA SLFRF Funding. The CITY reserves the right to reduce the amount of ARPA SLFRF Funds to CONTRACTOR, or to completely terminate this Agreement, in the CITY’s sole discretion, if there is a reduction in ARPA SLFRF Funds provided to the CITY.
(2) Reduced Distri bution of Funds. The CITY reserves the right to reduce the grant application if the CITY’s fiscal monitoring indicates that CONTRACTOR’s rate of expenditure will result in unspent funds at the end of the program term. Amendments in the grant allocation will be made after consultation with CONTRACTOR.
(3) Reversion of Assets. CONTRACTOR agrees that any and all funds received under this Agreement shall be utilized during the Term of this Agreement, and that any and all funds remaining as of the end of the Term, which have not been utilized, shall be returned by CONTRACTOR to the CITY within thirty (30) days of the expiration or earlier termination of the Agreement. No expense of CONTRACTOR will be reimbursed by CITY if incurred after the end of the Term of the Agreement.
E. Grant Program Requirements.
(1) CONTRACTOR acknowledges that the source of funding for said program is the federal ARPA, and that payments from the ARPA SLFRF Funds are only to be used to make necessary expenditures incurred due to the public health emergency with respect to COVID-19.
(2) CONTRACTOR acknowledges that ARPA provisions allow the use of ARPA SLFRF Funds to respond to, mitigate, and recover from the COVID-19 public health emergency, and will not use City Council 17 – 18 3/1/2022
City of Santa Ana RFP 22-009A
these funds for any other uses.
(3) CONTRACTOR shall follow the process and determination of eligibility for participants in said program as outlined in Exhibit A.
F. Performance Monitoring.
(1) CONTRACTOR shall submit program performance information as often as requested by CITY, but no less than the submission of monthly reports and a final report to CITY with the information requested by and in the format acceptable to CITY. Each monthly report is due within thirty (30) days of completion of work for each month. The final report is due within thirty (30) days after the termination or expiration of this Agreement.
(2) CITY will evaluate CONTRACTOR’s management and operation of said program with respect to the project expectations as described in Exhibit A.
(3) CITY will review the audit of the CONTRACTOR to ensure that grant funds are used for authorized purposes in compliance with laws, regulations, and the provisions of contracts or grant agreements under this Agreement, including attachments and exhibits.
(4) If action to correct any substandard performance is not taken by the CONTRACTOR within a reasonable period after being notified by CITY, suspension or termination procedures may be initiated by CITY.
(5) All performance shall be subject to review by the CITY or other regulatory agencies at all times. CONTRACTOR shall provide adequate cooperation to any inspector or other CITY representative to permit the same to determine CONTRACTOR’s conformity with the terms of this Agreement. If any services performed by CONTRACTOR are not in conformance with the terms of this Agreement, the CITY shall have the right to require CONTRACTOR to perform the services in conformance with the terms of the Agreement at no additional cost. The CITY may also terminate this Agreement for default and charge CONTRACTOR for any costs incurred by the CITY because of CONTRACTOR’s failure to perform.
(6) CONTRACTOR shall establish adequate procedures for self -monitoring and quality control and assurance to ensure proper performance under this Agreement; and shall permit a CITY representative or other regulatory official to monitor, assess, or evaluate CONTRACTOR’s performance under this Agreement at any time, upon reasonable notice to CONTRACTOR.
G. Audit.
(1) CONTRACTOR shall maintain complete and accurate records and supporting documentation to facilitate financial and/or program audits by CITY. This requirement shall apply to any records and documentation CITY shall reasonably require or as required to be maintained pursuant to the ARPA regulations.
(2) The books and accounts, files, and other records of CONTRACTOR , which are applicable to this Agreement, shall be available for inspection, review, and audit during normal business hours by CITY to determine the proper application and use of all ARPA SLFRF Funds provided to or for the account or benefit of CONTRACTOR.
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(3) CONTRACTOR assumes responsibility for reimbursement to CITY a sum of money equivalent to the amount of any expenditures disallowed should the CITY, or an authorized agency, rule through audit, exception, or some other appropriate means, that expenditures from funds allocated to CONTRACTOR for direct and/or administrative costs were not made in compliance with the applicable cost principles, regulations, or the provisions of this Agreement.
(4) CONTRACTOR agrees to comply with the requirements of OMB Uniform Guidance 2 CFR Part 200. CONTRACTOR further agrees to provide CITY with a copy of completed independent auditors’ report within thirty (30) days of CITY’s request for such report. If the report contains instances of non-compliance with federal laws and regulations that bear directly on the performance or administration of this Agreement, CONTRACTOR shall provide CITY copies of responses to auditors’ reports, a plan for corrective action, and auditors’ response that the noncompliance has been resolved. All reports prepared in accord with the requirements of OMB Uniform Guidance 2 CFR Part 200 shall be available for inspection by representatives of CITY or the federal government during normal business hours.
(5) All accounting records, reports, and evidence pertaining to all costs, expenses and the ARPA SLFRF Funds of CONTR ACTOR and all documents related to this Agreement shall be maintained and kept available at CONTRACTOR’S office or place of business for the duration of the Agreement and thereafter for five (5) years from the date of final payment under this Agreement.
Records which relate to: (a) complaints, claims, administrative proceedings or litigation arising out of the performance of this Agreement; or, (b) costs and expenses of this Agreement to which CITY or any other governmental agency takes exception, shall be retained beyond the five (5) years until complete resolution or disposition of such appeals, litigation claims, or exceptions. In the event CONTRACTOR does not make the above- referenced documents available within the City of Santa Ana, California, CONTRACTOR agrees to pay all necessary and reasonable expenses incurred by CITY in conducting any audit at the location where said records and books of account are maintained.
H. Ownership/Use of Materials . CONTRACTOR agrees that all materials, reports or products in any form, including electronic, created by CONTRACTOR for which CONTRACTOR has been compensated pursuant to this Agreement shall be the sole property of the CITY. The material, reports, or products may be used by the CITY for any purpose that the CITY deems to be appropriate, including, but not limit to, duplication and/or distribution within the CITY or to third parties.
CONTRACTOR agrees not to release or circulate in whole or part such materials, reports, or products without prior written authorization of the CITY.
I. Close-Out. CONTRACTOR agrees to comply with the closeout procedures detailed in 2 CFR §200.343, including the following:
(1) CONTRACTOR must submit, no later than ninety (90) calendar days after the end date of the period of performance, all financial, performance, and other reports as required by the terms and conditions of this Agreement;
(2) CONTRACTOR must promptly refund any balances of unobligated cash that the CITY paid in advance or paid and that is not authorized to be retained by CONTRACTOR for use in other projects (See OMB Circular A-129 and 2 CFR §200.345); and,
(3) CITY should complete all closeout actions for the Federal award no later than one year after receipt and acceptance of all required final reports.
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II. CONTRACTOR’S OBLIGATIONS
A. Representations and Warranties.
(1) Authority. CONTRACTOR is a duly organized and existing domestic nonprofit corporation in good standing and authorized to do business under the laws of the State of California.
CONTRACTOR has full right, power and lawful authority to accept the funding hereunder and to undertake all obligations as provided herein and the execution, performance and delivery of this Agreement by CONTRACTOR has been fully authorized by all requisite actions on the part of CONTRACTOR.
(2) Experience. CONTRACTOR is qualified to provide the administrator services for said program detailed herein.
(3) Familiarity With Services Required . By executing this Agreement, CONTRACTOR warrants that: (i) it has thoroughly investigated and considered the administrator services to be performed and provided for said program as detailed in Exhibit A; (ii) it has carefully considered how the services should be performed; and, (iii) it fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement.
(4) No Conflict . To the best of CONTRACTOR ’S knowledge, CONTRACTOR ’S execution, delivery and performance of its obligations under this Agreement will not constitute a default or a breach under any contract, agreement or order to which CONTRACTOR is a party or by which it is bound.
(5) No Bankruptcy . CONTRACTOR is not the subject of any current or threatened bankruptcy proceeding.
(6) No Pending Legal Proceedings . CONTRACTOR is not the subject of a current or threatened litigation that would or may materially affect CONTRACTOR ’S performance under this Agreement.
(7) Proposal Veracity . All provisions of and information provided in CONTRACTOR ’s proposal submitted to CITY, including any exhibits, are true and correct in all material respects.
(8) No Pending Investigation. CONTRACTOR has no knowledge that it is the subject of any current or threatened criminal or civil action investigation by any public agency, including without limitation a police agency or prosecuting authority, which would relate to or affect performance of the Agreement or provision of services hereunder.
B. Licensing. CONTRACTOR agrees to obtain and maintain all required licenses, registrations, accreditation and inspections from all agencies governing its operations. CONTRACTOR shall ensure that its staff shall also obtain and maintain all required licenses, registrations, accreditation and inspections from all agencies governing CONTRACTOR's operations hereunder. Such licensing requirements include obtaining a City business license, as applicable.
C. Zoning. CONTRACTOR agrees that any facility/property used in furtherance o f said program shall be specifically zoned and permitted for such use(s) and activities. Should CONTRACTOR fail to have the required land entitlement and/or permits, thus violating any local, state or federal rules and regulations relating thereto, CONTRACTOR shall immediately make good-faith efforts to gain compliance City Council 17 – 21 3/1/2022
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with local, state or federal rules and regulations following written notification of said violation(s) from the CITY or other authorized citing agency. CONTRACTOR shall notify CITY immediately of any pending violations. Failure to notify CITY of pending violations, or to remedy such known violation(s) shall result in termination of grant funding hereunder. CONTRACTOR must make all corrections required to bring the facility/property into compliance with the law within sixty (60) days of notification of the violation(s); failure to gain compliance within such time shall result in termination of grant funding hereunder.
D. Separation of Accounts. All funds received by CONTRACTOR from CITY pursuant to this Agreement shall be maintained in an account in a federally insured banking or savings and loan institution with record keeping of such accounts maintained pursuant to applicable 2 CFR 200.302 requirements.
CONTRACTOR is not required to mai ntain separate depository accounts for ARPA SLFRF Funds; provided however, the CONTRACTOR must be able to account for receipt, obligation, distribution and expenditure of ARPA SLFRF Funds pursuant to applicable 2 CFR 200.302 requirements.
E. Audit Report Requirements. CONTRACTOR agrees that if CONTRACTOR expends Seven Hundred Fifty Thousand Dollars ($750,000) or more in federal funds, CONTRACTOR shall have an annual audit conducted by a certified public accountant in accordance with the standards as set forth and published by the United States Office of Management and Budget. CONTRACTOR shall provide CITY with a copy of said audit by April 1 of the year following the program year in which this Agreement is executed.
F. Compliance with Law/Program Income. CONTRACTOR acknowledges that the funds being provided by CITY for said program are received by CITY pursuant to ARPA, and that distribution and expenditure of these ARPA SLFRF Funds shall be in accordance with ARPA and all pertinent regulations issued by agencies of the federal government, including, but not limited to, all regulations found at Title 24 of the Code of Federal Regulations. Any program income received by CONTRACTOR shall be returned to CITY, unless otherwise provided for in this Agreement. CONTRACTOR agrees to comply fully with all federal, state and local laws and court orders applicable to its operation and administration of said program, whether or not referred to in this Agreement.
G. Debarment. To protect the public interest and ensure the integrity of Federal programs, CITY may only conduct business with responsible persons and may not make any award or permit any award to any party which is debarred or suspended or is otherwise excluded from or ineligible for participation in Federal assistance programs under Executive Order 12549, “Debarment and Suspension”. See also 24 CFR 570.609. CONTRACTOR must review and sign Exhibit D “Debarment”, which is attached hereto and incorporated herein by this reference. CONTRACTOR shall be in good standing, without suspension by the California Secretary of State, Franchise Tax Board or Internal Revenue Service. Any change in the corporate status or suspension of CONTRACTOR shall be reported immediately to CITY.
H. Confidentiality. Without prejudice to any other provisions of this Agreement, CONTRACTOR shall, where applicable, maintain the confidential nature of information provided to it concerning participants in accordance with the requirements of federal and state law. However, CONTRACTOR shall submit to CITY or its representatives, all records requested, including audit, examinations, monitoring and verifications of reports submitted by CONTRACTOR, costs incurred and services rendered hereunder.
I. Independent Contractor. CONTRACTOR agrees that the performance of obligations hereunder is rendered in its capacity as an independent contractor and that it is in no way an agent of City Council 17 – 22 3/1/2022
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CITY.
J. Violation of Terms and Conditions. CONTRACTOR agrees that if CONTRACTOR violates any of the terms and conditions of this Agreement or any prior Agreement whereby ARPA SLFRF Funds were received by CONTRACTOR, or if CONTRACTOR reports inaccurately, or if on audit there is a disallowance of certain expenditures, CONTRACTOR agrees to remedy the acts or omissions causing the disallowance and repay CITY all amounts spent in violation thereof. If CONTRACTOR engaged in fraudulent activity to obtain and/or justify distribution or expenditure of the ARPA SLFRF Funds granted hereunder, CONTRACTOR shall be required to reimburse the CITY of all such funds that were obtained, distributed and/or spent under fraudulent circumstances.
K. Fraud. CONTRACTOR shall immediately report all suspected or known instances and facts concerning possible fraud, abuse or criminal activity related to said program for the ARPA SLFRF Funds under this Agreement.
L. Prohibited Use. CONTRACTOR hereby certifies and agrees that it will not use ARPA SLFRF Funds provided through this Agreement to pay for entertainment, meals or gifts, or other prohibited uses.
M. Lobbying. CONTRACTOR certifies that it will comply with federal law (31 U.S.C. 1352) and regulations found at 24 CFR Part 87, which provide that no appropriated funds may be expended by the recipient of a federal contract, grant, loan or cooperative agreement to pay any person for influencing or attempting to influence an officer or employee of any agency, Member of Congress, or an officer or employee of a Member of Congress in connection with awarding of any federal contract, the making of any federal grant or loan, entering into any cooperative agreement and the extension, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. CONTRACTOR shall sign a certification to that effect in a form as set forth in Exhibit E , attached hereto and by this reference incorporated herein. CONTRACTOR shall submit said signed certification to CITY prior to performing any of its obligations under this Agreement and prior to any obligation arising on the part of CITY to pay any sums to CONTRACTOR under the terms and conditions of this Agreement.
If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit a “Disclosure Form to Report Lobbying,” in accordance with its instructions (Exhibit E).
N. Financial Interest. CONTRACTOR agrees that except for the use of administrative fees to pay salaries and other related administrative or personnel costs, no persons who exercise or have exercised any function with respect to administering said program under the terms of this Agreement, or who are in a position to participate in a decision- making process or gain inside information with regard to the administration of said program, may obtain a financial interest or benefit from said program, either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter. This prohibition applies to any person who is an employee, agent, consultant, officer, or elected or appointed official of CITY, or of any designated public agency, or the CONTRACTOR.
O. Labor Standards. The CONTRACTOR agrees to comply with the requirements of t he Secretary of Labor in accordance with the Davis -Bacon Act as amended, the provisions of Contract City Council 17 – 23 3/1/2022
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Work Hours and Safety Standards Act (40 U.S.C. 327 et seq.) and all other applicable Federal, state and local laws and regulations pertaining to labor standards insofar as those acts apply to the performance of this Agreement. The CONTRACTOR agrees to comply with the Copeland Anti -Kick Back Act (18 U.S.C. 874 et seq.) and its implementing regulations of the U.S. Department of Labor at 29 CFR Part 5. The CONTRACTOR shall maintain documentation that demonstrates compliance with hour and wage requirements of this part. Such documentation shall be made available to the CITY for review upon request.
P. Equal Employment Opportunities. CONTRACTOR shall make every effort to ensure that all projects funded wholly or in part by ARPA SLFRF Funds shall provide equal employment opportunities for minorities and women.
Q. Women and Minority -Owned Businesses (W/MBE). CONTRACTOR will use its best efforts to afford small businesses, minority business enterprises, and women’s business enterprises the maximum practicable opportunity to participate in the performance of this Agreement in accordance with the requirements of 2 CFR 200. 321 “Contracting with small and minority businesses, women’s business enterprises, and labor surplus area firms”. As used in this Agreement, the term “small business” means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and “minority and women’s business enterprise” means a business at least fifty-one percent (51%) owned and controlled by minority group members or women. For the purpose of this definition, “minority group members” are African-Americans, Spanish-speaking, Spanish surnamed or Spanish-heritage Americans, Asian-Americans, and American Indians. CONTRACTOR may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation.
R. Drug Free Workplace. CONTRACTOR agrees to provide a drug-free workplace and to execute a certification as set forth in Exhibit F attached hereto and incorporated herein by this reference.
S. Uniform Administrativ e Requirements, Cost Principles, and Audit Requirements for Federal Awards. The following requirements and standards must be complied with: 2 CFR Part 200 et al. CONTRACTOR shall procure all materials, property, or services in accordance with the requirements of 2 CFR 200.318-326.
III. CITY'S OBLIGATIONS
A. Audit of Account . CITY shall include an audit of the account maintained by CONTRACTOR in CITY's audit of all ARPA SLFRF Funds in accordance with Title 24 of the Code of Federal Regulations and other applicable federal laws and regulations.
B. Common Rule: Pursuant to 2 CFR 200.328(a), the CITY manages the day-to-day operations of each grant and subgrant supported activities. CITY staff has detailed knowledge of the grant program requirements and monitors grant and subgrant supported activities to assure compliance with federal requirements. Such monitoring covers each program, function and activity and performance goals are reviewed periodically.
C. Project Expectations : CITY shall monitor the performance of CONTRACTOR against goals and performance standards required herein. The CONTRACTOR shall be responsible to accomplish the project expectations as set forth in Exhibit A , and report such results to the CITY. If City Council 17 – 24 3/1/2022
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the CONTRACTOR estimates such goals will not be met, the CONTRACTOR is to contact the CITY, at which time the CITY will determine if any adjustments to the grant award is appropriate. Substandard performance as determined by the CITY will constitute non- compliance with this Agreement. Should the CITY determine that the CONTRACTOR has not performed its obligations as stated in this contract in a satisfactory manner, or if the CITY determines that insufficient supporting information has been submitted, the CITY shall notify the CONTRACTOR in writing of its determination specifying in full detail the objections that it has to the CONTRACTOR’s performance. If action to correct such substandard performance is not taken by the CONTRACTOR after being notified by the CITY, within a reasonable period of time as stipulated in the written notification, contract suspension or termination procedures will be initiated.
IV. GENERAL PROVISIONS
A. Non-Discrimination.
1. CONTRACTOR agrees to comply with Executive Order 11246, which requires that during the performance of this Agreement, CONTRACTOR agrees not to discriminate against any employee or applicant for employment because of race, religion, sex, color or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer, rates of pay or other forms of compensation, and selection for training, including apprenticeship. CONTRACTOR agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the CONTRACTOR setting forth the provisions of this nondiscrimination clause.
2. CONTRACTOR agrees to comply with Title VI of the Civil Rights Act of 1964, which indicates that no person shall, on the ground of race, color or national origin, be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program of activity receiving federal financial assistance.
3. No person shall, on the grounds of race, sex, creed, color, religion, marital status, national origin, age, sexual orientation, or physical or mental handicap be excluded from participation in, be refused the benefits of, or otherwise be subject to discrimination in an y activities, programs or employment supported by this Agreement. CONTRACTOR is prohibited from discrimination on the basis of age or with respect to an otherwise qualified handicapped person as provided for under Section 109 of the Housing and Community Development Act of 1974, as amended.
4. CONTRACTOR agrees to comply with the Age Discrimination Act of 1975, which requires that during the performance of this Agreement, CONTRACTOR agrees not to discriminate against any employee or applicant for employment because of age. Such action shall include, but not be limited to the following: employment upgrading, demotion, or transfer, rates of pay or other forms of compensation, and selection for training, including apprenticeship. CONTRACTOR agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the CONTRACTOR setting forth the provisions of this age discrimination clause.
5. CONTRACTOR agrees to comply with Section 504 of the Rehabilitation Act of 1973, which requires that no otherwise qualified individual with a disability in the United States, shall, solely by reason of his or her disability, be excluded from the participati on in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance or under any program or activity conducted by any executive agency or by the United States Postal Service.
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B. Conflict of Interest. Pursuant to the conflict of interest requirements set forth in 24 CFR 570.611 and 2 CFR 200.112, CONTRACTOR certifies that no member, officer, employee, agent or assignee of CITY having direct or indirect control of any ARPA SLFRF Funds g ranted to the CITY, inclusive of the subject ARPA SLFRF Funds, shall serve as an officer of CONTRACTOR. Further, any conflict or potential conflict of interest of any officer of CONTRACTOR shall be fully disclosed in writing prior to the execution of this Agreement and said writing shall be attached and deemed fully incorporated as a part hereof. Notice shall be sent by CONTRACTOR to CITY regarding any changes or modifications to its board of directors and list of officers.
C. Special Certification for Religious Entities . If CONTRACTOR is a religious entity, CONTRACTOR hereby agrees that in connection with the provision of the services CONTRACTOR shall provide with ARPA SLFRF Funds, in accordance with 24 CFR 570.200(j):
1. CONTRACTOR shall not discriminate against any employee or applicant for employment on the basis of religion and shall not limit employment or give preference in employment to persons on the basis of religion.
2. CONTRACTOR shall not discriminate against any person applying for the services CONTRACTOR agrees to provide under the terms of this Agreement on the basis of religion and shall not limit such services or give preference to applicants for such services on the basis of religion.
3. CONTRACTOR shall NOT provide religious instruction or counseling, conduct any religious worship or services, or engage in any religious proselytizing, or exert any religious influence in the provision of the services in said program. The parties agree that this covenant is intended to and shall be construed for the limited purpose of assuring compliance with respect to the use of CITY funds by CONTRACTOR with applicable constitutional limitations respecting the establishment of religion as set forth in the establishment clause under the First Amendment of the United States Constitution and Article I, Section 4 of the California Constitution, and is not in any manner intended to restrict other activities of CONTRACTOR.
4. The portion of a facility used to provide public services assisted in whole or in part under this Agreement shall contain no sectarian or religious symbols.
5. Where the services to be provided under said program are rendered on property owned by the primarily religious entity CONTRACTOR, ARPA SLFRF Funds may also be used for minor repairs to such property, which are directly related to the cost of rendering the services under said program, where the cost constitutes in dollar terms only an incidental portion of the ARPA expenditure for rendering the services under said program.
D. Prohibition of Nepotism. CONTRACTOR agrees not to hire or permit the hiring of any person to fill a position funded through this Agreement if a member of that person’s immediate family is employed in an administrative capacity by CONTRACTOR. For the purposes of this section, the term “immediate family” means spouse, child, mother, father, brother, sister, brother-in-law, sister-in-law, father- in-law, mother-in-law, son-in-law, daughter-in-law, aunt, uncle, niece, nephew, stepparent and stepchild.
The term “administrative capacity” means having selection, hiring, supervisor or management responsibilities.
E. Notices. Notices to the parties shall, unless otherwise requested in writing, be sent by U.S.
Mail, postage prepaid, and addressed as follows:
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TO CITY: City of Santa Ana
Daisy Perez
Assistant to the City Manager
City Manager’s Office
20 Civic Center Plaza
P.O. Box 1988
Santa Ana, California 92702-1988
TO CONTRACTOR:
F. Assignability. None of the duties of, or work to be performed by, CONTRACTOR under this Agreement shall be subcontracted or assigned to any agency, consultant, or person without the prior written consent of CITY. CONTRACTOR must submit all subcontracts and other agreements that relate to this Agreement to CITY. No subcontract or assignment shall terminate or alter the legal obligations of CONTRACTOR pursuant to this Agreement.
G. Indemnification/Hold Harmless. CONTRACTOR shall indemnify, defend and save harmless CITY, its officers, employees, agents, representatives and volunteers from and against any and all damages to or for loss of use of property and for injuries to or death of any person or persons, including property and employees or agents of CITY, and shall defend, indemnify and save harmless CITY, its officers, employees, agents, representatives and volunteers from and against any and all claims, demands, suits, actions or proceedings of any kind or nature, including, but not by way of limitation, workers compensation claims and including attorney fees and reasonable expenses for litigation or settlement, resulting from or arising out of the negligent or wrongful acts, errors or omissions of CONTRACTOR, its officers, directors, employees, agents, subcontractors and suppliers arising out of CONTRACTOR's performance of this Agreement.
H. Insurance.
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to person s or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, its agents, representatives, employees, or subcontractors.
a. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Contractor has no owned autos, Code 8 (hired) and 9 (non-owned), with limit no less than $1,000,000 (if program services includes transportation of youth, the limit shall be no less than $5,000,000) per accident for bodily injury and property City Council 17 – 27 3/1/2022
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damage. (Not required if an automobile is not required to fulfill services.)
3. Workers’ Compensation: insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
4. Sexual Abuse or Molestation (SAM) Liability: If the CGL policy referenced above is not endorsed to include affirmative coverage for sexual abuse or molestation, Contractor shall obtain and maintain a policy covering Sexual Abuse and Molestation with a limit no less than $1,000,000 per occurrence or claim.
5. If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
b. Other Insurance Provisions – The insurance policies are to contain, or be endorsed to contain, the following provisions:
1. Additional Insured Status: The City, its of ficers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations.
General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if a later edition is used).
2. Primary Coverage: For any claims related to this contract, the Contractor’s insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.
3. Notice of Cancellation: Each insurance policy required above shall state that coverage shall not be canceled, except with notice to the City.
4. Waiver of Subrogation: Contractor hereby grants to City a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
5. Self-Insured Retentions: Self-insured retentions must be declared to and approved by the City. The City may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.
6. Acceptability of Insurers: Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.
7. Claims Made Policies: If any of the required policies provide coverage on a claims - made basis:
1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.
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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 Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work.
8. Verification of Coverage: Contractor shall furnish the City with original Certificates of Insurance including all required amenda tory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
9. Special Risks or Circumstances: City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
I. Termination.
1. This Agreement may be terminated on thirty (30) days’ written notice by either party. In the event of such termination, CONTRACTOR shall only be entitled to reimbursement for approved expenses incurred to the effective date of termination.
2. This Agreement may be suspended or terminated by CITY upon five (5) days’ written notice for violation by CONTRACTOR of Federal Laws governing the use of ARPA SLFRF Funds. In the event of such suspension or termination, CONTRACTOR shall only be entitled to reimbursement for approved expenses incurred up to the effective date of suspension or termination.
3. Pursuant to 2 CFR 200.340, in the event CONTRACTOR defaults by failing to fulfill all or any of its obligations hereunder, CITY may declare a default and termination of this Agreement by written notice to CONTRACTOR, which default and termination shall be effective on a date stated in the notice which is to be not less than ten (10) days after certified mailing or personal service of such notice, unless such default is cured before the effective date of termination stated in such notice. If terminated for cause, CITY shall be relieved of further liability or responsibility under this Agreement, or as a result of the termination thereof, including the payment of money, except for payment for approved expenses incurred for services satisfactorily and timely performed prior to the mailing or service of the notice of termination, and except for reimbursement of: (1) any payments made for services not subsequently performed in a timely and satisfactory manner; and, (2) costs incurred by CITY in obtaining substitute performance.
4. The grant of funds under this Agreement may be terminated for convenience by either the CITY or CONTRACTOR, in whole or in part, by setting forth the reasons for such termination, the effective date, and, in the case of portion termination, their portion to be terminated. However, if in the case of a partial termination, the CITY determines that the remaining portion of the award will not accomplish the purpose for which the award was made, the CITY may terminate the award in its entirety.
5. The grant of funds under this Agreement may be terminated due to the non-performance City Council 17 – 29 3/1/2022
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of CONTRACTOR and/or failure of SUBRECIPENT to perform the work described in Exhibit A.
6. The grant of funds under this Agreement may be terminated due to the failure of the CITY to receive sufficient or anticipated funding for the ARPA program for any term subject to this Agreement.
7. In the event this Agreement is terminated as set forth in subparagraphs I(1) through I(6), inclusive, CONTRACTOR agrees to immediately return to CITY upon CITY's demand and prior to any adjudication of CONTRACTOR’s rights, any and all funds not used, and to comply with the Reversion of Assets requirements in this Agreement.
J. Limitation of Funds. The United States of America may in the future place programmatic or fiscal limitations on the use of ARPA SLFRF Funds, which limitations are not presently anticipated.
Accordingly, CITY reserves the right to revise this Agreement in order to take account of actions affecting ARPA program funding. In the event of funding reduction, CITY may, in its sole and absolute discretion, reduce the budget of this Agreement, may limit the rate of CONTRACTOR’s authority to utilize funds, or may restrict CONTRACTOR’s use of uncommitted funds. Where CITY has been directed to implement a reduction in funding, with respect to funding for this Agreement, CITY’s City Manager or delegate is authorized to act for CITY in implementing and effecting such a reduction and in revising, modifying, or amending the Agreement for such purposes. If such a reduction in funding occurs, CONTRACTOR shall be permitted to de-scope accordingly. Where CITY has reasonable grounds to question CONTRACTOR’s fiscal accountability or compliance with this Agreement, CITY may suspend the operation of this Agreement for up to sixty (60) days upon five (5) days written notice to CONTRACTOR of its intention to so act, pending an audit or other resolution of such questions. In no event, however, shall any revisions made by CITY affect expenditures and legally binding commitments made by CONTRACTOR before it received notice of such revision, provided that such amounts have been committed in good faith and are otherwise allowable and that such commitments are consistent with ARPA SLFRF Funds withdrawal guidelines.
K. Exclusivity and Amendment of Agreement. This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the use of CITY's ARPA SLFRF Funds by CONTRACTOR and contains all the covenants and agreements between the parties with respect to SUBRECIPIIENT’s administration of said program. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement or amendment hereto shall be effective unless executed in writing and signed by both CITY and CONTRACTOR.
L. Laws Governing this Agreement. This Agreement shall be governed by and construed in accordance with the laws of the State of California, and all applicable federal laws and regulations.
M. Validity and Severability. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. Whenever possible, each provision of this AGREEMENT shall be interpreted in such manner as to be effective and valid under applicable law, but if any provis ion of this AGREEMENT is held to be prohibited by or invalid under applicable law, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of such provisions of this AGREEMENT.
N. Waiver. No delay or omission by either party hereto to exercise any right or power City Council 17 – 30 3/1/2022
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accruing upon any noncompliance or default by the other party with respect to any of the terms of this Agreement shall impair any such right or power or be construed to be a wai ver thereof. A waiver by either of the parties hereto of any of the covenants, conditions, or agreements to be performed by the other shall not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or agreement herein contained.
O. Federal Award Identification Information. CONTRACTOR’s pertinent Federal Award Identification Information, including DUNS Number and Federal Award Identification Number (FAIN), as well as the applicable information for ARPA, are inclu ded in Exhibit C attached hereto and incorporated herein by this reference.
P. Miscellaneous Provisions.
1. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully, including reasonable costs and attorney’s fees, for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn.
2. All Exhibits and Attachments referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement.
3. This Agreement must be signed below and may be signed in counterpart and delivered by fax, email as a PDF (Portable Document Format) file attachment, or by other means that displays the original or a copy of the signatures. Any subsequent amendments may be signed and delivered in the same manner.
{Signatures on following page}
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City of Santa Ana RFP 22-009A
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first written above.
ATTEST: CITY OF SANTA ANA
________________________ ________________________
DAISY GOMEZ KRISTINE RIDGE
Clerk of the Council City Manager
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
____________________________
By: RYAN O. HODGE
Assistant City Attorney
CONTRACTOR:
______________________________
Name:
Title:
DUNS #:
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City of Santa Ana RFP 22-009A
EXHIBIT A
SCOPE OF WORK
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EXHIBIT B
FEE PAYMENT SCHEDULE
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EXHIBIT C
FEDERAL AWARD IDENTIFICATION INFORMATION
The General Program Requirements were designed to provide the framework where the CONTRACTOR will provide ARPA programs identified in this attachment.
I. GOVERNANCE
The CONTRACTOR agrees to comply, remain informed, and deliver services consistent with the provisions of ARPA.
Where local policy has not been set, the CONTRACTOR agrees to adhere to state and/or federal policy, as appropriate.
II. GOVERNANCE REFERENCES
A. Additional state and federal agencies that provide funding to the CITY may be incorporated herein.
B. Information B ulletins, Directives, and any other federal and state guidance documents pertaining to the ARPA SLFRF Funds.
C. Actions, directives, and policy and procedures issued by the CITY.
D. CITY policies, as applicable.
III. CONTRACTOR/CONTRACTOR DETERMINATION:
In accordance with the requirements of 2 CFR 200.330 ( CONTRACTOR and Contractor determination) and for the purpose of this CONTRACT, CONTRACTOR is determined to be a CONTRACTOR.
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City of Santa Ana RFP 22-009A
IV. FEDERAL AWARD IDENTIFICATION
FAIN INFORMATION
A. CONTRACTOR Name:
B. CONTRACTOR’S Unique
Identifier (D-U-N-S):
C. Federal Award Identification
Number (FAIN):
D. Federal Award Date:
E. Subaward Period of
Performance:
F.
Total Amount of Federal
Funds Obligated by the
Action:
$
G.
Total Amount of Federal
Funds Obligated to the
CONTRACTOR:
$
H. Total Amount of the Federal
Award: $
I. Federal Award Project
Description:
ARPA
J. Federal Awarding Agency: U.S. Department of the Treasury K. Name of PTE:
L. Contact Information for the
Awarding Official: Kristine Ridge, City Manager
Phone Number: (714) 647-5200
E-mail Address: [email protected]
M. CFDA Number:
CFDA Name: ARPA
N. Whether Award is R&D:
O. Indirect Cost Rate for the
Federal Award:
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City of Santa Ana RFP 22-009A
EXHIBIT D
DEBARMENT
_____________________________________________________________________________
Certification Regarding
Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions
_______________________________________________________________________________
This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 29 CFR Part 98, Section 98.5l0, Participants' responsibilities. The regulations were published as Part VII of the May 26, l988 Federal Register (pages l9l60-l92ll).
(BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS FOR CERTIFICATION - Attached)
(l) The prospective recipient of federal assistance funds certifies, by submission of this proposal, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency.
(2) Where the prospective recipient of federal assistance funds is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.
_______________________________________________________________________________ Name and Title of Authorized Representative
_______________________________________________________________________________ Signature Date
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City of Santa Ana RFP 22-009A
INSTRUCTIONS FOR CERTIFICATION
1. By signing and submitting this proposal, the prospective recipient of federal assistance funds is providing the certification as set out below.
2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective recipient of federal assistance funds knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the Department of Labor (DOL) may pursue available remedies, including suspension and/or debarment.
3. The prospective recipient of federal assistance funds shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective recipient of federal assistance funds learns that it s certification was erroneous when submitted or has become erroneous by reason of changed circumstances.
4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations.
5. The prospective recipient of federal assistance funds agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the DOL.
6. The prospective recipient of federal assistance funds further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and voluntary exclusion - Lower Tier Covered Transactions," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.
7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to check the List of Parties Excluded from Procurement or Non- Procurement Programs.
8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
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City of Santa Ana RFP 22-009A
9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the DOL may pursue available remedies, including suspension and/or debarment.
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City of Santa Ana RFP 22-009A
EXHIBIT E
LOBBYING
Certification Regarding Lobbying
Certification for Contracts, Grants, Loans, and Cooperative Agreements
The undersigned certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contact, grant, loan or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontract, subgrants, and contracts under grants, loans, and cooperative agreements) and that all CONTRACTORs shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or ent ered 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 l ess than $10,000 and not more than $100,000 for each such failure.
Grantee/Contactor Organization Program Title
Name of Certifying Officer Signature Date
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City of Santa Ana RFP 22-009A
CONTRACTOR warrants the following:
1. CONTRACTOR will comply with Public Law 88-352, Title VI of the Civil Rights Act of 1964 (42 U. S.
C. section 2000 et seq.) and implementing regulation in 24 CFR Part 1.
2. No person in the United States shall on the ground of race, color, religion, national origin, or sex, be excluded from participation in, or be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with community development funds made available pursuant to the ACT.
3. All laborers and mechanics, employed by contractors or subcontractors in the performance of construction work financed in whole or in part with community development funds shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined in accordance with the Davis -Bacon Act, as amended, 40 U. S. C. Sections 276 a 1- 5, except for individuals who perform services for which they volunteered; do not receive compensation for such services; or are paid expenses, reasonable benefits, or a nominal fee for such services; and are not otherwise employed at any time in construction work.
4. CONTRACTOR will comply with all Federal statutes applicable to projects funded with community development funds, except that (a) CONTRACTOR does not assume CI TY'S environmental responsibilities described at 24 CFR 570.604; and (b) CONTRACTOR does not assume CITY'S responsibility for initiating the review process under Executive Order 12372.
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City of Santa Ana RFP 22-009A
EXHIBIT F
DRUG-FREE WORKPLACE
Certification Regarding Drug-Free Workplace Requirements
The certification set out below is a material representation upon which reliance is placed by the U.S.
Department of Housing and Urban Development in awarding the grant. If it is later determined that the contractor knowingly rendered a false certification, or otherwise violates the requirements of the Drug- Free Workplace Act, the U.S. Department of Housing and Urban Development, in addition to any other remedies available to the Federal Government, may take action authorized under t he Drug -Free Workplace Act
.
CERTIFICATION
A. The contractor certifies that it will provide a drug-free workplace by:
(a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled subs tance is prohibited in the contractor’s workplace and specifying the actions that will be taken against employees for violation of such prohibition;
(b) Establishing a drug-free awareness program to inform employees about –
(1) The dangers of drug abuse in the workplace;
(2) The contractor’s policy of maintaining a drug-free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance program; and
(4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace;
(c) Making it a requirement that each employee who will be engaged in the performance of the grant be given a copy of the statement required by paragraph (a);
(d) Notifying the employee in the statement required by paragraph -(a) that, as a condition of employment under the contract, the employee will -
(1) Abide by the terms of the statement; and
(2) Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction.
(e) Notifying the U.S. Department of Housing and Urban Development within ten days after receiving noti ce under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such conviction;
(f) Taking one of the following actions, within 30 days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted - City Council 17 – 42 3/1/2022
City of Santa Ana RFP 22-009A
(1) Taking appropriate personnel action against such an employee, up to and including termination; or
(2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency;
(g) Making a good faith effort to continue to maintain a drug -free workplace through implementation of paragraphs (a), (b), (c), (d), (e) and (f).
B. The contractor shall insert in the space provided on the attached “Place of Performance” form the site(s) for the performance of work to be carried out with the grant funds (including street address, city, county, state, and zip code) .the contractor further certifies that, if it is subsequently determined that additional sites will be used for the performance of work under the contract, it shall notify the U.S. Department of Housing and Urban Development immediately upon the decision to use such additional sites by submitting a revised “Place of Performance” form.
Organization
Authorized Signature Date
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City of Santa Ana RFP 22-009A
PLACE OF PERFORMANCE
FOR CERTIFICATION REGARDING DRUG-FREE
WORKPLACE REQUIREMENTS
Name:
Date:
The Contractor shall insert in the space provided below the site(s) expected to be used for the performance of work under the contract covered by the certification:
Place of Performance (include street address, city, county, state, zip code for each site):
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City of Santa Ana RFP 22-009A
APPENDIX
ATTACHMENT 3-1: NON-COLLUSION AFFIDAVIT
CERTIFICATIONS
CITY OF SANTA ANA
REQUEST FOR PROPOSALS
FOR
REVIVE:
SANTA ANA FOOD SUPPLY/DISTRIBUTION PROGRAMS
RFP NO.: 22-009A
NON-COLLUSION AFFIDAVIT
(Title 23 United States Code Section 112 and
Public Contract Code Section 7106)
To the CITY OF SANTA ANA CITY MANAGER’S OFFICE
In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, 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 bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid 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 bid.
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. BIDDERS are cautioned that making a false certification may subject the certifier to criminal prosecution.
Organization _______________________________________________________________________________
Signed and Printed Name: ____________________________________________________________________
Title ______________________________________________________________________________________
Date ______________________________________________________________________________________
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City of Santa Ana RFP 22-009A
APPENDIX
ATTACHMENT 3-2: NON-LOBBYING CERTIFICATION
CERTIFICATIONS
CITY OF SANTA ANA
REQUEST FOR PROPOSALS
FOR
REVIVE:
SANTA ANA FOOD SUPPLY/DISTRIBUTION PROGRAMS
RFP NO.: 22-009A
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 any 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, loan or cooperative agreement, the undersigned shall complete and submit a “Disclosure of Lobbying Activities”.
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 sub recipients shall certify and disclose accordingly.
Organization _______________________________________________________________________________
Signed and Printed Name: ____________________________________________________________________
Title ______________________________________________________________________________________
Date ______________________________________________________________________________________
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City of Santa Ana RFP 22-009A
APPENDIX
ATTACHMENT 3-3: NON-DISCRIMINATION CERTIFICATION
CERTIFICATIONS
CITY OF SANTA ANA
REQUEST FOR PROPOSALS
FOR
REVIVE:
SANTA ANA FOOD SUPPLY/DISTRIBUTION PROGRAMS
RFP NO.: 22-009A
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 s uch 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, City Council 17 – 47 3/1/2022
City of Santa Ana RFP 22-009A
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 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:
Organization:
Date:
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City of Santa Ana RFP 22-009A
APPENDIX
ATTACHMENT 3-4: AGREEMENT STATEMENT
CITY OF SANTA ANA
REQUEST FOR PROPOSALS
FOR
REVIVE:
SANTA ANA FOOD SUPPLY/DISTRIBUTION PROGRAMS
RFP NO.: 22-009A
Proposer understands that the PROPOSER will enter into an Agreement similar to that as shown in Attachment 2, in the Appendix of this RFP. 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 select the next most qualified PROPOSER or call for new Proposals, whichever the CITY deems most appropriate.
PROPOSER concurs to the statements in the standard agreement, with the exception of the following:
______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________
Organization ______________________________________________________________________
Signed and Printed Name: __________________________________________________________
Title ____________________________________________________________________________
Date ___________________________________________________________________________
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City of Santa Ana RFP 22-009A
APPENDIX
ATTACHMENT 3-5: STATUS DOCUMENTION
Include a copy of DUNS Status
https://www.dnb.com/duns-number/lookup.html
Include a copy of SAM.gov Status
https://sam.gov/content/home
Include a copy of 501(c)3 Status
https://www.irs.gov/charities-non-profits/search-for-tax-exempt-organizations
Include a copy of State of California Status
https://businesssearch.sos.ca.gov/
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ATTACHMENT 4-1: ADDITIONAL INFORMATION
CITY OF SANTA ANA
REQUEST FOR PROPOSALS
FOR
RFP NO.: 22-009A
No additional information at this time. Information may be added to this section in the future as an addendum.
City Council 17 – 51 3/1/2022
AGREEMENT BETWEEN THE CITY OF SANTA ANA AND
DELHI CENTER FOR USE OF
AMERICAN RESCUE PLAN ACT (ARPA) FUNDS
This Agreement is hereby made and entered into this 1st day of March, 2022, by and between the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“CITY”), and Delhi Center, a California domestic nonprofit corporation (“CONTRACTOR”).
RECITALS:
A. The American Rescue Plan Act (“ARPA”) was signed into law in March 2021.
ARPA provides funding for a number of different programs, including the Coronavirus State and Local Fiscal Recovery Fund (“SLFRF”), to provide monetary support to local governments to respond to, mitigate, and recover from the COVID-19 public health emergency.
B. On July 20, 2021, the Santa Ana City Council authorized the City Manager to utilize ARPA SLFRF funding from the United States Department of Treasury for the Revive Santa Ana Spending Plan, which includes five spending cate gories:
recovery from the pandemic, direct assistance programs, public health and safety, critical infrastructure, and city fiscal health.
C. CONTRACTOR has been selected by the CITY to receive ARPA SLFRF Funds in order to provide food distribution and/or food supply programs, in accordance with the Scope of Work attached hereto as Exhibit A and incorporated herein by reference (“said program”). CONTRACTOR represents that it is qualified and willing to operate said program and certifies that the administration of said program carried out with funds provided under this Agreement will meet ARPA’s objectives to respond to, mitigate, and recover from this historic COVID -19 public health crisis.
D. CONTRACTOR agrees that it will adhere to the tasks and services as indicated in Exhibit A for said program. Failure to follow the requirements and meet the stated expectations may constitute breach of contract that could result in termination of this Agreement or serve as reason for the CITY to recapture the grant funds awarded to CONTRACTOR pursuant to this Agreement.
WHEREFORE, it is agreed by and between the parties that the foregoing Recitals are a substantive part of this Agreement and the following terms and conditions are approved and together with all exhibits and attachments hereto, shall constitute the entire Agreement between the CITY and CONTRACTOR:
City Council 17 – 52 3/1/2022
I. ARPA PROGRAM PROVISIONS
A. Scope of Work. CONTRACTOR shall be responsible for the specific tasks and services of said program, and agrees to administer said program in compliance with the tasks and services as described in the Scope of Work attached hereto as Exhibit A.
CONTRACTOR’s failure to perform as required may, in addition to other remedies set forth in this Agreement, result in readjustment of the amount of funds for said program or termination of this Agreement.
B. Term of Agreement. The term of said Agreement shall commence on the date first wr itten above and continue through February 28, 2023 (“Term”), unless terminated earlier pursuant to the terms of this Agreement. This Agreement shall also cover any and all services provided by the CONTRACTOR to the CITY since the date the ARPA SLFRF Funds were awarded to the CITY. Additionally, the Term of this Agreement may be extended by a writing executed by the City Manager, or designee, and the City Attorney.
C. Amount of Grant Funding . The total amo unt of funds provided for said program shall not exceed TWO HUNDRED EIGHTEEN THOUSAND FIVE HUNDRED SEVENTY-FOUR dollars ($ 218,574) (“ARPA SLFRF Funds”) during the Term of the Agreement. CONTRACTOR agrees to use said ARPA SLFRF Funds to administer said program as outlined in Exhibit A.
D. Disbursement of Funds. Said ARPA SLFRF Funds shall be disbursed by CITY to CONTRACTOR pursuant to the terms found in the Fee Payment Schedule attached hereto as Exhibit B, with payments subject to the submittal of invoices and other reporting requirements, as hereinafter more fully set forth. CONTRACTOR shall be obligated to perform such d uties as would normally extend beyond the term, including, but not limited to, obligations with respect to indemnification, audits, reporting, data retention/reporting, and accounting. Failure to provide any of the required documentation and reporting will cause CITY to withhold all or a portion of a request for ARPA SLFRF Funds, or return the entire request to CONTRACTOR, until such documentation and reporting has been received and approved by CITY.
(1) Reduction in ARPA SLFRF Funding. The CITY reserves the right to reduce the amount of ARPA SLFRF Funds to CONTRACTOR, or to completely terminate this Agreement, in the CITY’s sole discretion, if there is a reduction in ARPA SLFRF Funds provided to the CITY.
(2) Reduced Distribution of Funds. The CITY reserves the right to reduce the grant application if the CITY’s fiscal monitoring indicates that CONTRACTOR’s rate of expenditure will result in unspent funds at the end of the program term. Amendments in the grant allocation will be made after consultation with CONTRACTOR.
City Council 17 – 53 3/1/2022
(3) Reversion of Assets. CONTRACTOR agrees that any and all funds received under this Agreement shall be utilized during the Term of this Agreement, and that any and all funds remaining as of the end of the Term, which have not been utilized, shall be returned by CONTRACTOR to the CITY within thirty (30) days of the expiration or earlier termination of the Agreement. No expense of CONTRACTOR will be reimbursed by CITY if incurred after the end of the Term of the Agreement.
E. Grant Program Requirements.
(1) CONTRACTOR acknowledges that the source of funding for said program is the federal ARPA, and that payments from the ARPA SLFRF Funds are only to be used to make necessary expenditures incurred due to the public health emergency with respect to COVID-19.
(2) CONTRACTOR acknowledges that ARPA provisions allow the use of ARPA SLFRF Funds to respond to, mitigate, and recover from the COVID-19 public health emergency, and will not use these funds for any other uses.
(3) CONTRACTOR shall follow the process and determination of eligibility for participants in said program as outlined in Exhibit A.
F. Performance Monitoring.
(1) CONTRACTOR shall submit program performance information as often as requested by CITY, but no less than the submission of monthly reports and a final report to CITY with the information requested by and in the format acceptable to CITY. Each monthly report is due within thirty (30) days of completion of work for each month. The final report is due within thirty (30) days after the termination or expiration of this Agreement.
(2) CITY will evaluate CONTRACTOR’s management and operation of said program with respect to the project expectations as described in Exhibit A.
(3) CITY will review the audit of the CONTRACTOR to ensure that grant funds are used for authorized purposes in compliance with laws, regulations, and the provisions of contracts or grant agreements under this Agreement, including attachments and exhibits.
(4) If action to correct any substandard performance is not taken by the CONTRACTOR within a reasonable period after being notified by CITY, suspension or termination procedures may be initiated by CITY.
(5) All performance shall be subject to review by the CITY or other regulatory agencies at all times. CONTRACTOR shall provide adequate cooperation to any inspector or other CITY representative to permit the same to determine CONTRACTOR’s conformity with the terms of this Agreement. If any services performed by CONTRACTOR are not in conformance with the terms of this Agreement, the CITY shall have the right to require City Council 17 – 54 3/1/2022
CONTRACTOR to perform the services in conformance with the terms of the Agreement at no additional cost. The CITY may also terminate this Agreement for default and charge CONTRACTOR for any costs incurred by the CITY because of CONTRACTOR’s failure to perform.
(6) CONTRACTOR shall establish adequate procedures for self-monitoring and quality control and assurance to ensure proper performance under this Agreement; and shall permit a CITY representative or other regulatory official to monitor, assess, or evaluate CONTRACTOR’s performance under this Agreement at any time, upon reasonable notice to CONTRACTOR.
G. Audit.
(1) CONTRACTOR shall maintain complete and accurate records and supporting documentation to facil itate financial and/or program audits by CITY. This requirement shall apply to any records and documentation CITY shall reasonably require or as required to be maintained pursuant to the ARPA regulations.
(2) The books and accounts, files, and other r ecords of CONTRACTOR, which are applicable to this Agreement, shall be available for inspection, review, and audit during normal business hours by CITY to determine the proper application and use of all ARPA SLFRF Funds provided to or for the account or benefit of CONTRACTOR.
(3) CONTRACTOR assumes responsibility for reimbursement to CITY a sum of money equivalent to the amount of any expenditures disallowed should the CITY, or an authorized agency, rule through audit, exception, or some other appropriate means, that expenditures from funds allocated to CONTRACTOR for direct and/or administrative costs were not made in compliance with the applicable cost principles, regulations, or the provisions of this Agreement.
(4) CONTRACTOR agrees to comply with the requirements of OMB Uniform Guidance 2 CFR Part 200. CONTRACTOR further agrees to provide CITY with a copy of completed independent auditors’ report within thirty (30) days of CITY’s request for such report. If the report contains instances of non-compliance with federal laws and regulations that bear directly on the performance or administration of this Agreement, CONTRACTOR shall provide CITY copies of responses to auditors’ reports, a plan for corrective action, and auditors’ response that the non compliance has been resolved. All reports prepared in accord with the requirements of OMB Uniform Guidance 2 CFR Part 200 shall be available for inspection by representatives of CITY or the federal government during normal business hours.
(5) All accounting records, reports, and evidence pertaining to all costs, expenses and the ARPA SLFRF Funds of CONTRACTOR and all documents related to this Agreement shall be maintained and kept available at CONTRACTOR’S office or place of business for the du ration of the Agreement and thereafter for five (5) years from the date of final payment under this Agreement. Records which relate to: (a) complaints, City Council 17 – 55 3/1/2022
claims, administrative proceedings or litigation arising out of the performance of this Agreement; or, (b) costs and expenses of this Agreement to which CITY or any other governmental agency takes exception, shall be retained beyond the five (5) years until complete resolution or disposition of such appeals, litigation claims, or exceptions. In the event CONTRACTOR does not make the above-referenced documents available within the City of Santa Ana, California, CONTRACTOR agrees to pay all necessary and reasonable expenses incurred by CITY in conducting any audit at the location where said records and books of account are maintained.
H. Ownership/Use of Materials . CONTRACTOR agrees that all materials, reports or products in any form, including electronic, created by CONTRACTOR for which CONTRACTOR has been compensated pursuant to this Agreement shall be th e sole property of the CITY. The material, reports, or products may be used by the CITY for any purpose that the CITY deems to be appropriate, including, but not limit to, duplication and/or distribution within the CITY or to third parties. CONTRACTOR agrees not to release or circulate in whole or part such materials, reports, or products without prior written authorization of the CITY.
I. Close-Out. CONTRACTOR agrees to comply with the closeout procedures detailed in 2 CFR §200.343, including the following:
(1) CONTRACTOR must submit, no later than ninety (90) calendar days after the end date of the period of performance, all financial, performance, and other reports as required by the terms and conditions of this Agreement;
(2) CONTRACTOR must promptly refund any balances of unobligated cash that the CITY paid in advance or paid and that is not authorized to be retained by CONTRACTOR for use in other projects (See OMB Circular A-129 and 2 CFR §200.345); and,
(3) CITY should complete all closeout actions for the Federal award no later than one year after receipt and acceptance of all required final reports.
II. CONTRACTOR’S OBLIGATIONS
A. Representations and Warranties.
(1) Authority. CONTRACTOR is a duly organized and existing domestic nonprofit corporation in good standing and authorized to do business under the laws of the State of California. CONTRACTOR has full right, power and lawful authority to accept the funding hereunder and to underta ke all obligations as provided herein and the execution, performance and delivery of this Agreement by CONTRACTOR has been fully authorized by all requisite actions on the part of CONTRACTOR.
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(2) Experience. CONTRACTOR is qualified to provide the
administrator services for said program detailed herein.
(3) Familiarity With Services Required . By executing this Agreement, CONTRACTOR warrants that: (i) it has thoroughly investigated and considered the administrator services to be performed and provide d for said program as detailed in Exhibit A; (ii) it has carefully considered how the services should be performed; and, (iii) it fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement.
(4) No Conflict . To the best of CONTRACTOR’S knowledge, CONTRACTOR’S execution, delivery and performance of its obligations under this Agreement will not constitute a default or a breach under any contract, agreement or order to which CONTRACTOR is a party or by which it is bound.
(5) No Bankruptcy. CONTRACTOR is not the subject of any current or threatened bankruptcy proceeding.
(6) No Pending Legal Proceedings. CONTRACTOR is not the subject of a current or threatened litigation that would or may materially affect CONTRACTOR’S performance under this Agreement.
(7) Proposal Veracity . All provisions of and information provided in CONTRACTOR’s proposal submitted to CITY, including any exhibits, are true and correct in all material respects.
(8) No Pending Investigation. CONTRACTOR has no knowledge that it is the subject of any current or threatened criminal or civil action investigation by any public agency, including without limitation a police agency or prosecuting authority, which would relate to or affect performance of the Agreement or provision of services hereunder.
B. Licensing. CONTRACTOR agrees to obtain and maintain all required licenses, registrations, acc reditation and inspections from all agencies governing its operations. CONTRACTOR shall ensure that its staff shall also obtain and maintain all required licenses, registrations, accreditation and inspections from all agencies governing CONTRACTOR's operations hereunder. Such licensing requirements include obtaining a City business license, as applicable.
C. Zoning. CONTRACTOR agrees that any facility/property used in furtherance of said program shall be specifically zoned and permitted for such use(s) and activities.
Should CONTRACTOR fail to have the required land entitlement and/or permits, thus violating any local, state or federal rules and regulations relating thereto, CONTRACTOR shall immediately make good-faith efforts to gain compliance with local, state or federal rules and regulations following written notification of said violation(s) from the CITY or other authorized citing agency. CONTRACTOR shall notify CITY immediately of any pending violations. Failure to notify CITY of pending violations, or to remedy such known violation(s) City Council 17 – 57 3/1/2022
shall result in termination of grant funding hereunder. CONTRACTOR must make all corrections required to bring the facility/property into compliance with the law within sixty (60) days of notification of the violation(s); failure to gain compliance within such time shall result in termination of grant funding hereunder.
D. Separation of Accounts. All funds received by CONTRACTOR from CITY pursuant to this Agreement shall be maintained in an account in a federally insured banking or savings and loan institution with record keeping of such accounts maintained pursuant to applicable 2 CFR 200.302 requirements. CONTRACTOR is not required to maintai n separate depository accounts for ARPA SLFRF Funds; provided however, the CONTRACTOR must be able to account for receipt, obligation, distribution and expenditure of ARPA SLFRF Funds pursuant to applicable 2 CFR 200.302 requirements.
E. Audit Report Requirements. CONTRACTOR agrees that if CONTRACTOR expends Seven Hundred Fifty Thousand Dollars ($750,000) or more in federal funds, CONTRACTOR shall have an annual audit conducted by a certified public accountant in accordance with the standards as set fort h and published by the United States Office of Management and Budget. CONTRACTOR shall provide CITY with a copy of said audit by April 1 of the year following the program year in which this Agreement is executed.
F. Compliance with Law/Program Income. CONTRACTOR acknowledges that the funds being provided by CITY for said program are received by CITY pursuant to ARPA, and that distribution and expenditure of these ARPA SLFRF Funds shall be in accordance with ARPA and all pertinent regulations issued by a gencies of the federal government, including, but not limited to, all regulations found at Title 24 of the Code of Federal Regulations. Any program income received by CONTRACTOR shall be returned to CITY, unless otherwise provided for in this Agreement. CONTRACTOR agrees to comply fully with all federal, state and local laws and court orders applicable to its operation and administration of said program, whether or not referred to in this Agreement.
G. Debarment. To protect the public interest and ensur e the integrity of Federal programs, CITY may only conduct business with responsible persons and may not make any award or permit any award to any party which is debarred or suspended or is otherwise excluded from or ineligible for participation in Federal assistance programs under Executive Order 12549, “Debarment and Suspension”. See also 24 CFR 570.609.
CONTRACTOR must review and sign Exhibit D “Debarment”, which is attached hereto and incorporated herein by this reference. CONTRACTOR shall be in good standing, without suspension by the California Secretary of State, Franchise Tax Board or Internal Revenue Service. Any change in the corporate status or suspension of CONTRACTOR shall be reported immediately to CITY.
H. Confidentiality. Without preju dice to any other provisions of this Agreement, CONTRACTOR shall, where applicable, maintain the confidential nature of information provided to it concerning participants in accordance with the requirements of federal and state law. However, CONTRACTOR shall submit to CITY or its representatives, all City Council 17 – 58 3/1/2022
records requested, including audit, examinations, monitoring and verifications of reports submitted by CONTRACTOR, costs incurred and services rendered hereunder.
I. Independent Contractor. CONTRACTOR agrees that the performance of obligations hereunder is rendered in its capacity as an independent contractor and that it is in no way an agent of CITY.
J. Violation of Terms and Conditions . CONTRACTOR agrees that if CONTRACTOR violates any of the terms and conditions of this Agreement or any prior Agreement whereby ARPA SLFRF Funds were received by CONTRACTOR, or if CONTRACTOR reports inaccurately, or if on audit there is a disallowance of certain expenditures, CONTRACTOR agrees to remedy the acts or omissions causing the disallowance and repay CITY all amounts spent in violation thereof. If CONTRACTOR engaged in fraudulent activity to obtain and/or justify distribution or expenditure of the ARPA SLFRF Funds granted hereunder, CONTRACTOR shall be required to reimburse the CITY of all such funds that were obtained, distributed and/or spent under fraudulent circumstances.
K. Fraud. CONTRACTOR shall immediately report all suspected or known instances and facts concerning possible fraud, abuse or criminal activity related to said program for the ARPA SLFRF Funds under this Agreement.
L. Prohibited Use. CONTRACTOR hereby certifies and agrees that it will not use ARPA SLFRF Funds provided through this Agreement to pay for entertainment, meals or gifts, or other prohibited uses.
M. Lobbying. CONTRACTOR certifies that it will comply with federal law (31 U.S.C. 1352) and regulations found at 24 CFR Part 87, which provide that no appropriated funds may be expended by the recipient of a federal contract, grant, loan or cooperative agreement to pay any person for influencing or attempting to influence an officer or employee of any agency, Member of Congress, or an officer or employee of a Member of Congress in connection with awarding of any federal contract, the making of any federal grant or loan, entering into any cooperative agreement and the extension, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement.
CONTRACTOR shall sign a certification to that effect in a form as set forth in Exhibit E, attached hereto and by this reference incorporated herein. CONTRACTOR shall submit said signed certification to CITY prior to performing any of its obligations under this Agreement and prior to a ny obligation arising on the part of CITY to pay any sums to CONTRACTOR under the terms and conditions of this Agreement.
If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete a nd submit a “Disclosure Form to Report Lobbying,” in accordance with its instructions (Exhibit E).
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N. Financial Interest. CONTRACTOR agrees that except for the use of administrative fees to pay salaries and other related administrative or personnel costs, no persons who exercise or have exercised any function with respect to administering said program under the terms of this Agreement, or who are in a position to participate in a decision-making process or gain inside information with regard to the admini stration of said program, may obtain a financial interest or benefit from said program, either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter. This prohibition applies to any person who is an employee, agent, consultant, officer, or elected or appointed official of CITY, or of any designated public agency, or the CONTRACTOR.
O. Labor Standards. The CONTRACTOR agrees to comply with the requirements of the Secretary of Labor in accordance with the Davis -Bacon Act as amended, the provisions of Contract Work Hours and Safety Standards Act (40 U.S.C. 327 et seq.) and all other applicable Federal, state and local la ws and regulations pertaining to labor standards insofar as those acts apply to the performance of this Agreement. The CONTRACTOR agrees to comply with the Copeland Anti-Kick Back Act (18 U.S.C. 874 et seq.) and its implementing regulations of the U.S. Department of Labor at 29 CFR Part 5. The CONTRACTOR shall maintain documentation that demonstrates compliance with hour and wage requirements of this part. Such documentation shall be made available to the CITY for review upon request.
P. Equal Employment Opportunities. CONTRACTOR shall make every effort to ensure that all projects funded wholly or in part by ARPA SLFRF Funds shall provide equal employment opportunities for minorities and women.
Q. Women and Minority -Owned Businesses (W/MBE). CONTRACTOR will use its best efforts to afford small businesses, minority business enterprises, and women’s business enterprises the maximum practicable opportunity to participate in the performance of this Agreement in accordance with the requirements of 2 CFR 20 0.321 “Contracting with small and minority businesses, women’s business enterprises, and labor surplus area firms”. As used in this Agreement, the term “small business” means a business that meets the criteria set forth in section 3(a) of the Small Busine ss Act, as amended (15 U.S.C. 632), and “minority and women’s business enterprise” means a business at least fifty -one percent (51%) owned and controlled by minority group members or women. For the purpose of this definition, “minority group members” are African-Americans, Spanish -speaking, Spanish surnamed or Spanish -heritage Americans, Asian-Americans, and American Indians. CONTRACTOR may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation.
R. Drug Free Workplace. CONTRACTOR agrees to provide a drug-free workplace and to execute a certification as set forth in Exhibit F attached hereto and incorporated herein by this reference.
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S. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. The following requirements and standards must be complied with: 2 CFR Part 200 et al. CONTRACTOR shall procure all materials, property, or services in accordance with the requirements of 2 CFR 200.318-326.
III. CITY'S OBLIGATIONS
A. Audit of Account. CITY shall include an audit of the account maintained by CONTRACTOR in CITY's audit of all ARPA SLFRF Funds in accordance with Title 24 of the Code of Federal Regulations and other applicable federal laws and regulations.
B. Common Rule: Pursuant to 2 CFR 200.328(a), the CITY manages the day-to-day operations of each grant and subgrant supported activities. CITY staff has detailed knowledge of the grant program requirements and monitors grant and subgrant supported activities to assure compliance with federal requirements. Such monitoring covers each program, function and activity and performance goals are reviewed periodically.
C. Project Expectations : CITY shall monitor the performance of CONTRACTOR against goals and performance standards required herein. The CONTRACTOR shall be responsible to accomplish the proj ect expectations as set forth in Exhibit A, and report such results to the CITY. If the CONTRACTOR estimates such goals will not be met, the CONTRACTOR is to contact the CITY, at which time the CITY will determine if any adjustments to the grant award is appropriate. Substandard performance as determined by the CITY will constitute non -compliance with this Agreement. Should the CITY determine that the CONTRACTOR has not performed its obligations as stated in this contract in a satisfactory manner, or if the CITY determines that insufficient supporting information has been submitted, the CITY shall notify the CONTRACTOR in writing of its determination specifying in full detail the objections that it has to the CONTRACTOR’s performance. If action to correct such substandard performance is not taken by the CONTRACTOR after being notified by the CITY, within a reasonable period of time as stipulated in the w ritten notification, contract suspension or termination procedures will be initiated.
IV. GENERAL PROVISIONS
A. Non-Discrimination.
1. CONTRACTOR agrees to comply with Executive Order 11246, which requires that during the performance of this Agreement, CONTRACTOR agrees not to discriminate against any employee or applicant for employment because of race, religion, sex, color or national origin. Such action shall include, but not be limited to the following:
employment, upgrading, demotion, or transfer, rates of pay or other forms of compensation, and selection for training, including apprenticeship. CONTRACTOR agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the CONTRACTOR setting forth the provisions of this nondiscrimination clause.
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2. CONTRACTOR agrees to comply with Title VI of the Civil Rights Act of 1964, which indicates that no person shall, on the ground of race, color or national origin, be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program of activity receiving federal financial assistance.
3. No person shall, on the grounds of race, sex, creed, color, religion, marital status, national origin, age, sexual orientation, or physical or mental handicap be excluded from participation in, be refused the benefits of, or otherwise be subject to discrimination in any activities, programs or employment supported by this Agreement. CONTRACTOR is prohibited from discrimination on the basis of age or with respect to an otherwise qualified handicapped person as provided for under Section 109 of the Housing and Community Development Act of 1974, as amended.
4. CONTRACTOR agrees to comply with the Age Discrimination Act of 1975, which requires that during the performance of this Agreement, CONTRACTOR agrees not to discriminate against any employee or applicant for employment because of age. Such action shall include, but not be limited to the following: employment upgrading, demotion, or transfer, rates of pay or other forms of compensation, and selection for training, including apprenticeship. CONTRACTOR agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the CONTRACTOR setting forth the provisions of this age discrimination clause.
5. CONTRACTOR agrees to comply with Section 504 of the Rehabilitation Act of 1973, which requires that no otherwise qualified individual with a disability in the United States, shall, solely by reason of his or her disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance or under any program or activity conducted by any executive agency or by the United States Postal Service.
B. Conflict of Interest. Pursuant to the conflict of interest requirements set forth in 24 CFR 570.611 and 2 CFR 200.112, CONTRACTOR certifies that no member, officer, employee, agent or assignee of CITY having direct or indirect control of any ARPA SLFRF Funds granted to the CITY, inclusive of the subject ARPA SLFRF Funds, shall serve as an officer of CONTRACTOR. Further, any conflict or potential conflict of interest of any officer of CONTRACTOR shall be fully disclosed in writing prior to the execution of this Agreement and said writing shall be attached and deemed fully incorporated as a part hereof. Notice shall be sent by CONTRACTOR to CITY regarding any changes or modifications to its board of directors and list of officers.
C. Special Certification for Religious Entities. If CONTRACTOR is a religious entity, CONTRACTOR hereby agrees that in connection with the provision of the services CONTRACTOR shall provide with ARPA SLFRF Funds, in accordance with 24 CFR 570.200(j):
1. CONTRACTOR shall not discriminate against any employee or applicant City Council 17 – 62 3/1/2022
for employment on the basis of religion and shall not limit employment or give preference in employment to persons on the basis of religion.
2. CONTRACTOR shall not discriminate against any person applying for the services CONTRACTOR agrees to provide under the terms of this Agreement on the basis of religion and shall not limit such services or give preference to applicants for such services on the basis of religion.
3. CONTRACTOR shall NOT provide religious instruction or counseling, conduct any religious worship or services, or engage in any religious proselytizing, or exert any religious influence in the provision of the services in said program. The parties agree that this covenant is intended to and shall be construed for the limited purpose of assuring compliance with respect to the use of CITY funds by CONTRACTOR with applicable constitutional limitations respecting the establishment of religion as set forth in the establishment clause under the First Amendment of the United States Constitution and Article I, Section 4 of the California Constitution, and is not in any manner intended to restrict other activities of CONTRACTOR.
4. The portion of a facility used to provide public services assisted in whole or in part under this Agreement shall contain no sectarian or religious symbols.
5. Where the services to be p rovided under said program are rendered on property owned by the primarily religious entity CONTRACTOR, ARPA SLFRF Funds may also be used for minor repairs to such property, which are directly related to the cost of rendering the services under said program, where the cost constitutes in dollar terms only an incidental portion of the ARPA expenditure for rendering the services under said program.
D. Prohibition of Nepotism. CONTRACTOR agrees not to hire or permit the hiring of any person to fill a posi tion funded through this Agreement if a member of that person’s immediate family is employed in an administrative capacity by CONTRACTOR.
For the purposes of this section, the term “immediate family” means spouse, child, mother, father, brother, sister, brother-in-law, sister-in-law, father-in-law, mother-in-law, son-in-law, daughter-in-law, aunt, uncle, niece, nephew, stepparent and stepchild. The term “administrative capacity” means having selection, hiring, supervisor or management responsibilities.
E. Notices. Notices to the parties shall, unless otherwise requested in writing, be sent by U.S. Mail, postage prepaid, and addressed as follows:
TO CITY: City of Santa Ana
Daisy Perez
Assistant to the City Manager
City Manager’s Office
20 Civic Center Plaza
P.O. Box 1988
City Council 17 – 63 3/1/2022
Santa Ana, California 92702-1988
TO CONTRACTOR: Delhi Center
Jenny Rios, CEO
505 E. Central Ave.
Santa Ana, CA 92706
714-481-9600
[email protected]
F. Assignability. None of the duties of, or work to be performed by, CONTRACTOR under this Agreement shall be subcontracted or assigned to any agency, consultant, or person without the prior written consent of CITY. CONTRACTOR must submit all subcontracts and other agreements that relate to this Agreement to CITY. No subcontract or assignment shall terminate or alter the legal obligations of CONTRACTOR pursuant to this Agreement.
G. Indemnification/Hold Harmless. CONTRACTOR shall indemnify, defend and save harmless CITY, its officers, employees, agents, representatives and volunteers from and against any and all damages to or for loss of use of property and for injuries to or death of any person or persons, including property and employees or agents of CITY, and shall defend, indemnify and save harmless CITY, its officers, employees, agents, representatives and volunteers from and against any and all claims, demands, suits, actions or proceedings of any kind or nature, including, but not by way of limitation, workers compensation claims and including attorney fees and reasonable expenses for litigation or settlement, resulting from or arising out of the negligent or wrongful acts, errors or omissions of CONTRACTOR, its officers, directors, employees, agents, subcontractors and suppliers arising out of CONTRACTOR's performance of this Agreement.
H. Insurance.
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, its agents, representatives, employees, or subcontractors.
a. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000 ,000 per occurrence.
If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
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2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Contractor has no owned autos, Code 8 (hired) and 9 (non -owned), with limit no less than $1,000,000 (if program services includes transportation of youth, the limi t shall be no less than $5,000,000) per accident for bodily injury and property damage. (Not required if an automobile is not required to fulfill services.)
3. Workers’ Compensation: insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
4. Sexual Abuse or Molestation (SAM) Liability: If the CGL policy referenced above is not endorsed to include affirmative coverage for sexual abuse or molestation, Contractor shall obtain and maintain a policy covering Sexual Abuse and Molestation with a limit no less than $1,000,000 per occurrence or claim.
5. If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. b. Other Insurance Provisions – The insurance policies are to contain, or be endorsed to contain, the following provisions:
1. Additional Insured Status: The City, its officers, officials, employees, and volunteers are to be covered as additio nal insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if a later edition is used).
2. Primary Coverage: For any claims related to this contract, the Contractor’s insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.
3. Notice of Cancellation: Each insurance policy required above shall state that coverage shall not be canceled, except with notice to the City.
4. Waiver of Subrogation: Contractor hereby grants to City a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
5. Self-Insured Retentions: Self-insured retentions must be declared to and City Council 17 – 65 3/1/2022
approved by the City. The City may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.
6. Acceptability of Insurers: Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.
7. Claims Made Policies: If any of the required policies provide coverage on a claims-made basis:
1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.
2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
3. If coverage is canceled or non -renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work.
8. Verification of Coverage: Contractor shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waiv e the Contractor’s obligation to provide them. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
9. Special Risks or Circumstances: City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
I. Termination.
1. This Agreement may be terminated on thirty (30) days ’ written notice by either party. In the event of such termination, CONTRACTOR shall only be entitled to reimbursement for approved expenses incurred to the effective date of termination.
2. This Agreement may be suspended or terminated by CITY upon five (5) days’ written notice for violation by CONTRACTOR of Federal Laws governing the use of ARPA SLFRF Funds. In the event of such suspension or termination, CONTRACTOR shall only be entitled to reimbursement for approved expenses incurred up to the effective date of suspension or termination.
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3. Pursuant to 2 CFR 200.340, in the event CONTRACTOR defaults by failing to fulfill all or any of its obligations hereunder, CITY may declare a default and termination of this Agreement by written notice to CONTRACTOR, which default and termination shall be effective on a date stated in the notice which is to be not less than ten (10) days after certified mailing or personal service of such notice, unless such default is cured before the effective date of termination stated in such notice. If terminated for cause, CITY shall be relieved of further liability or responsibility under this Agreement, or as a result of the termination thereof, including the payment of money, except for payment for approved expenses incurred for services satisfactorily and timely performed prior to the mailing or service of the notice of termination, and except for reimbursement of: (1) any payments made for services not subsequently performed in a timely and satisfactory manner; and, (2) costs incurred by CITY in obtaining substitute performance.
4. The grant of funds under this Agreement may be terminated for convenience by either the CITY or CONTRACTOR, in whole or in part, by setting forth the reasons for such termination, the effective date, and, in the case of portion termination, their portion to be terminated. However, if in the case of a partial termination, the CITY determines that the remaining portion of the award will not accomplish the purpose for which the award was made, the CITY may terminate the award in its entirety.
5. The grant of funds under this Agreement may be terminated due to the non-performance of CONTRACTOR and/or failure of SUBRECIPENT to perform the work described in Exhibit A.
6. The grant of funds under this Agreement may be terminated due to the failure of the CITY to receive sufficient or anticipated funding for the ARPA program for any term subject to this Agreement.
7. In the event this Agreement is terminated as set forth in subparagraphs I(1) through I(6), inclusive, CONTRACTOR agrees to immediately return to CITY upon CITY's demand and prior to any adjudication of CONTRACTOR’s rights, any and all funds not used, and to comply with the Reversion of Assets requirements in this Agreement.
J. Limitation of Funds. The United States of America may in the future place programmatic or fiscal limitations on the use of ARPA SLFRF Funds, which limitations are not presently anticipated. Accordingly, CITY reserves the right to revise this Agreement in order to take account of actions affecting ARPA program funding. In the event of funding reduction, CITY may, in its sole and absolute discretion, reduce the budget of this Agreement, may limit the rate of CONTRACTOR’s authority to utilize funds, or may restrict CONTRACTOR’s use of uncommitted funds. Where CITY has been directed to implement a reduction in funding, with respect to funding for this Agreement, CITY’s City Manager or delegate is authorized to act for CITY in implementing and effecting such a reduction and in revising, modifying, or amending the Agreement for such purposes. If such a reduction in funding occurs, CONTRACTOR shall be permitted to de-scope accordingly. Where CITY has reasonable grounds to question CONTRACTOR’s fiscal accountability or compliance City Council 17 – 67 3/1/2022
with this Agreement, CITY may suspend the operation of this Agreement for up to sixty (60) days upon five (5) days written notice to CONTRACTOR of its intention to so act, pending an audit or other resolution of such questions. In no event, however, shall any revisions made by CITY affect expenditures and legally binding commitments made by CONTRACTOR before it received notice of such revision, provided that such amounts have been committed in good faith and are otherwise allowable and that such commitments are consistent with ARPA SLFRF Funds withdrawal guidelines.
K. Exclusivity and Amendment of Agreement. This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the use of CITY's ARPA SLFRF Funds by CONTRACTOR and contains all the covenants and agreements between the parties with respect to SUBRECIPIIENT’s administration of said program. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement or amendment hereto shall be effective unless executed in writing and signed by both CITY and CONTRACTOR.
L. Laws Governing this Agreement. This Agreement shall be governed by and construed in accordance with the laws of the State of California, and all applicable federal laws and regulations.
M. Validity and Severability. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.
Whenever possible, each provision of this AGREEMENT shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this AGREEMENT is held to be prohibited by or invalid under applicable l aw, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of such provisions of this AGREEMENT.
N. Waiver. No delay or omission by either party hereto to exercise any right or power accruing upon any noncompliance or default by the other party with respect to any of the terms of this Agreement shall impair any such right or power or be construed to be a waiver thereof. A waiver by either of the parties hereto of any of the covenants, conditions, or agreements to be performed by the other shall not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or agreement herein contained.
O. Federal Award Identification Information . CONTRACTOR’s pe rtinent Federal Award Identification Information, including DUNS Number and Federal Award Identification Number (FAIN), as well as the applicable information for ARPA, are included in Exhibit C attached hereto and incorporated herein by this reference.
P. Miscellaneous Provisions.
1. Each undersigned represents and warrants that its signature herein below City Council 17 – 68 3/1/2022
has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully, including reasonable costs and attorney’s fees, for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn.
2. All Exhibits and Attachments referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement.
3. This Agreement must be signed below and may be signed in counterpart and delivered by fax, email as a PDF (Portable Document Format) file attachment, or by other means that displays the o riginal or a copy of the signatures. Any subsequent amendments may be signed and delivered in the same manner.
{Signatures on following page}
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first written above.
ATTEST: CITY OF SANTA ANA
________________________ ________________________
DAISY GOMEZ KRISTINE RIDGE
Clerk of the Council City Manager
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
____________________________
By: RYAN O. HODGE
Assistant City Attorney
CONTRACTOR:
______________________________
JENNY RIOS
Chief Executive Officer
DUNS #: 088513593
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EXHIBIT A
DELHI CENTER
RFP 22-009A for Food Distribution programs
REVISED SCOPE OF WORK
The revised award amount of $218,574 for the RFP 22-009A for Food Distribution Program at Delhi Center will be sufficient for the center to continue with its goal to increase its distribution of food from four hours once a week to twelve hours per day, 4-5 days per week, resulting in a significant increase in the number of residents that could be served.
The registration, outreach and scheduling, and preparation and distribution functions will remain the same as originally proposed. The only difference in this process will be the reduction of the Customer Service Representative position from 40 hours per week to 29 hours per week (from 1.0 FTE to .725 FTE). This will be made possible by recruiting volunteers and by assigning existing staff to a few hours each week to assist with intake and registration, scheduling, and tracking demographics, which they have done in the past.
Delhi Center will absorb the cost of printing, office supplies, and some of the smaller equipment items by making adjustments to other center expenses and making these a priority. Also, donations will be requested from partners and sponsors for specific items needed. Donations will also be sought for cleaning supplies as a result of the reduction in that budget line item.
Food costs will be reduced from $300 per month to $200 per month and the truck rental will be reduced to only one time per month instead of twice a month as a result. Staff will work with partners to increase food drives and donations to make up for any food shortages. Finally, the cost allocated to space rental will be reduced from $30,000 to $20,525.
All proposed program components will remain the same and the weekly food distribution strategy will continue. The expansion of the program will significantly increase the number of hours residents can access food, which will result in doubling the number of families served also as originally proposed.
Delhi Center will dedicate 760 square feet of space for a permanent food pantry where food will be maintained and arranged much like a grocery store so residents can come in at greatly expanded time blocks to help feed their families consistently. In addition to the weekly food distribution, the food pantry could be open Monday through Thursday from 8:30 am to about 8:30 pm and possibly on weekends.
Delhi Center will also continue to collaborate with a number of partners that provide a broad network of resources to improve service delivery to the community. This will help us recruit volunteers and secure donations of items that have been cut or reduced from the original budget.
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EXHIBIT B
PERSONNEL COST DESCRIPTION
Facility Manager (.50 FTE) 29,266 Coordinates scheduling of the facility and manages the master calendar; troubleshoots facility, equipment, and IT issues; assists with food collection and distribution
Administrative Aide (.50 FTE) 22,328 Communicates with residents regarding weekly food distribution and special circumstances, tracks numbers served and submits reports to Second Harvest
FT Custodian (.50 FTE) 22,542 Sets up and tears down tables and chairs for weekly food distribution, sanitizes and cleans the center daily, assists with stocking the food pantry and with food distribution
Associate Director (.20 FTE) 20,326 Oversees center operations, manages volunteer recruitment, training, and supervision, manages grant compliance
FT Customer Svc Rep (Vacant)
(.725 FTE)
33,368 Conducts outreach, intake & registration, identifies resident needs, schedules residents for food pantry visits, tracks demographics and numbers served, provides customer
service, maintains the panty fully stocked and assists with food distribution.
PT Custodian (Vacant) (.75 FTE) 26,818 Assists with food collection, stocking the food pantry, cleaning and sanitizing on a daily basis, assists with food distribution TOTAL 154,648
ADMINISTRATIVE COST DESCRIPTION
Scheduling App 240 $20 month
Permits 320 Self-Serve Certificates ($10 per person x 7 staff); County of Orange food handling and storage feeding site permit ($250) TOTAL ADMINISTRATIVE $560
EQUIPMENT COST DESCRIPTION
1 single door refrigerator
1 double door refrigerator
1 single door freezer
1 double door freezer
14,000 Single door and double door refrigerators and freezers to maintain perishable food in the food pantry. Must be NSF or commercial grade and approved by the County of Orange
Health Department
3 14" x 60" and 3 24" x 48"
Chrome Shelf Kits with casters
1,577 NSF or commercial grade shelving units approved by the County of Orange Health Dept for food pantry storage
Chrome Two Basket and One
Shelf Utility Cart 24" x 36" x 39"
752 Food pantry storage and display carts approved by the County of Orange Health Dept for food pantry
Flex Station "Fresh & Fast" 48"
x 23" x 75 3/4"
816 Food pantry storage and display carts approved by the County of Orange Health Dept for food pantry
TOTAL EQUIPMENT $17,145
SUPPLIES COST DESCRIPTION
Cleaning and Sanitation
Supplies
875 Disinfectant sprays and wipes, hand sanitizer, cleaning supplies, gloves, masks, grocery bags/boxes, trash bins, bags, recycle bins
Miscellaneous Supplies 500 Box cutters, protective eyewear, heavy duty work gloves, etc Equipment 850 Heavy-duty pallet jack for moving pallets of food TOTAL SUPPLIES $2,225
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FOOD PURCHASES COST DESCRIPTION
CAPOC Food Bank 2,400 $200 per month; 5,000 pounds of food @ .06 per pound Truck Rental 1,200 Rental once a month to pick food from the CAPOC food bank to stock the food pantry for 12 months
TOTAL $3,600
SPACE RENTAL COST DESCRIPTION
760 sq ft @ 3.29 per sq
ft/month for 12 months
20,525 Dedicated space for food pantry, for $1,710.42 per month; includes a two-room suite with storage cabinets and sink to comply with county health department
TOTAL SPACE RENTAL $20,525
TOTAL DIRECT COSTS 198,703
INDIRECT COSTS (10%) 19,870
TOTAL REQUESTED 218,573
Reimbursement Schedule
Delhi is to submit an invoice requesting reimbursement of program expenses, along with a report outlining all program outcomes and performance metrics to the City on a quarterly basis as follows:
Q1: March 1, 2022 - May 31, 2022 Reporting/Invoicing Due: June 30, 2022 Q2: June 1, 2022 - August 31, 2022 Reporting/Invoicing Due: September 30, 2022 Q3: September 1, 2022 - November 30, 2022 Reporting/Invoicing Due: December 31, 2022 Q4: December 1, 2022 - February 28, 2023 Reporting/Invoicing Due: March 31, 2023 City Council 17 – 73 3/1/2022
EXHIBIT C
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EXHIBIT D
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EXHIBIT E
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EXHIBIT F
DRUG-FREE WORKPLACE
Certification Regarding Drug-Free Workplace Requirements The c ertification set out below is a material representation upon which r eliance is placed by the U.S. Department of Treasur y in awarding the grant. If it is later determined that the contractor knowingly rendered a false certification, or otherwise violates the requirements of the Drug-F ree Workplace Act, the U.S. Department of Treasury, in addition to any other remedies available to the Federal Government, may take action authorized under the Drug-F ree Workplace Act.
CERTIFICATION
A. The contractor certifies that it will provide a drug-f r ee workplace by:
(a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing,
possession or use of a controlled substance is prohibited in the contractor’s workplace and specifying the actions that will be taken against employees for violation of such prohibition;
(b) Establishing a drug-free awareness program to inform employees about – (1) The dangers of drug abuse in the workplace;
(2) The contractor’s policy of maintaining a drug-free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance program; and
(4) The penalties
that may be imposed upon employees for drug abuse violations occurring
in the workplace;
(c) Making it a requirement that each employee who will be engaged in the performance of the grant
be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph -(a) that, as a condition of employment under the contract, the employee will -
(1) Abide by the terms of the statement; and
(2) Notify
the employer of any criminal drug statute conviction for a violation occurring in the
workplace no later than five days after such conviction. (e) Notifying the U.S. Department of Treasury within ten days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such conviction;
(f) Taking one of the following actions, within 30 days of receiving notice under subparagraph (d)(2),
with respect to any employee who is so convicted -
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(1) T
aking appropriate personnel action against such an employee, up to and including termination; or
(2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency;
(g) Making a good faith effort to continue to maintain a drug -free workplace through implementation of paragraphs (a), (b), (c), (d), (e) and (f).
B. The contractor shall insert in the space provided on the attached “Place of Performance” form the site(s) for the performance of work to be carried out with the grant funds (including street address, city, county, state, and zip code) .the contractor further certifies that, if it is subsequently determined that additional sites will be used for the performance of work under the c ontract, it shall notify the U.S. Departm ent of Treasury immediately upon the decision to use suc h additional sites by submitting a revised “Place of Per formance” form.
Organization
Authorized Signature Date
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PLACE OF PERFORMANCE
FOR CERTIFICATION REGARDING DRUG-FREE
WORKPLACE REQUIREMENTS
Name:
Date:
T
he Contractor shall insert in the space provided below the site(s) expected to be used for the performance of work under the contract covered by the certification:
P
lace of Performance (include street address, city, county, state, zip code for each site):
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AGREEMENT BETWEEN THE CITY OF SANTA ANA AND
ELKS BUILDING ASSOCIATION OF SANTA ANA FOR USE OF
AMERICAN RESCUE PLAN ACT (ARPA) FUNDS
This Agreement is hereby made and entered into this 1st day of March, 2022, by and between the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“CITY”), and Elks Building Association of Santa Ana , a California domestic nonprofit corporation (“CONTRACTOR”).
RECITALS:
A. The American Rescue Plan Act (“ARPA”) was signed into law in March 2021.
ARPA provides funding for a number of different programs, including the Coronavirus State and Local Fiscal Recovery Fund (“SLFRF”), to provide monetary support to local governments to respond to, mitigate, and recover from the COVID-19 public health emergency.
B. On July 20, 2021, the Santa Ana City Council authorized the City Manager to utilize ARPA SLFRF funding from the United States Department of Treasury for the Revive Santa Ana Spending Plan, which includes five spending cate gories:
recovery from the pandemic, direct assistance programs, public health and safety, critical infrastructure, and city fiscal health.
C. CONTRACTOR has been selected by the CITY to receive ARPA SLFRF Funds in order to provide food distribution and/or food supply programs, in accordance with the Scope of Work attached hereto as Exhibit A and incorporated herein by reference (“said program”). CONTRACTOR represents that it is qualified and willing to operate said program and certifies that the administration of said program carried out with funds provided under this Agreement will meet ARPA’s objectives to respond to, mitigate, and recover from this historic COVID -19 public health crisis.
D. CONTRACTOR agrees that it will adhere to the tasks and services as indicated in Exhibit A for said program. Failure to follow the requirements and meet the stated expectations may constitute breach of contract that could result in termination of this Agreement or serve as reason for the CITY to recapture the grant funds awarded to CONTRACTOR pursuant to this Agreement.
WHEREFORE, it is agreed by and between the parties that the foregoing Recitals are a substantive part of this Agreement and the following terms and conditions are approved and together with all exhibits and attachments hereto, shall constitute the entire Agreement between the CITY and CONTRACTOR:
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I. ARPA PROGRAM PROVISIONS
A. Scope of Work. CONTRACTOR shall be responsible for the specific tasks and services of said program, and agrees to administer said program in compliance with the tasks and services as described in the Scope of Work attached hereto as Exhibit A.
CONTRACTOR’s failure to perform as required may, in addition to other remedies set forth in this Agreement, result in readjustment of the amount of funds for said program or termination of this Agreement.
B. Term of Agreement. The term of said Agreement shall commence on the date first wr itten above and continue through February 28, 2023 (“Term”), unless terminated earlier pursuant to the terms of this Agreement. This Agreement shall also cover any and all services provided by the CONTRACTOR to the CITY since the date the ARPA SLFRF Funds were awarded to the CITY. Additionally, the Term of this Agreement may be extended by a writing executed by the City Manager, or designee, and the City Attorney.
C. Amount of Grant Funding . The total amount of funds provided for said program shall not exceed ONE HUNDRED SIXTY -FIVE THOUSAND THIRTY -FOUR dollars ($ 165,034) (“ARPA SLFRF Funds”) during the Term of the Agreement.
CONTRACTOR agrees to use said ARPA SLFRF Funds to administer said program as outlined in Exhibit A.
D. Disbursement of Funds. Said ARPA SLFRF Funds shall be disbursed by CITY to CONTRACTOR pursuant to the terms found in the Fee Payment Schedule attached hereto as Exhibit B, with payments subject to the submittal of invoices and other reporting requirements, as hereinafter more fully set forth. CONTRACTOR shall be obligated to perform such duties as would normally extend beyond the term, including, but not limited to, obligations with respect to indemnification, audits, reporting, data retention/reporting, and accounting. Failure to provide any of the required documentation and reporting will cause CITY to withhold all or a portion of a request for ARPA SLFRF Funds, or return the entire request to CONTRACTOR, until such documentation and reporting has been received and approved by CITY.
(1) Reduction in ARPA SLFRF Funding. The CITY reserves the right to reduce the amount of ARPA SLFRF Funds to CONTRACTOR, or to completely terminate this Agreement, in the CITY’s sole discretion, if there is a reduction in ARPA SLFRF Funds provided to the CITY.
(2) Reduced Distribution of Funds . The CITY reserves the right to reduce the grant application if the CITY’s fiscal monitoring indicates that CONTRACTOR’s rate of expenditure will result in unspent funds at the end of the program term. Amendments in the grant allocation will be made after consultation with CONTRACTOR.
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(3) Reversion of Assets. CONTRACTOR agrees that any and all funds received under this Agreement shall be utilized during the Term of this Agreement, and that any and all funds remaining as of the end of the Term, which have not been utilized, shall be returned by CONTRACTOR to the CITY within thirty (30) days of the expiration or earlier termination of the Agreement. No expense of CONTRACTOR will be reimbursed by CITY if incurred after the end of the Term of the Agreement.
E. Grant Program Requirements.
(1) CONTRACTOR acknowledges that the source of funding for said program is the federal ARPA, and that payments from the ARPA SLFRF Funds are only to be used to make necessary expenditures incurred due to the public health emergency with respect to COVID-19.
(2) CONTRACTOR acknowledges that ARPA provisions allow the use of ARPA SLFRF Funds to respond to, mitigate, and recover from the COVID-19 public health emergency, and will not use these funds for any other uses.
(3) CONTRACTOR shall follow the process and determination of eligibility for participants in said program as outlined in Exhibit A.
F. Performance Monitoring.
(1) CONTRACTOR shall submit program performance information as often as requested by CITY, but no less than the submission of monthly reports and a final report to CITY with the i nformation requested by and in the format acceptable to CITY. Each monthly report is due within thirty (30) days of completion of work for each month. The final report is due within thirty (30) days after the termination or expiration of this Agreement.
(2) CITY will evaluate CONTRACTOR’s management and operation of said program with respect to the project expectations as described in Exhibit A.
(3) CITY will review the audit of the CONTRACTOR to ensure that grant funds are used for authorized purposes in compliance with laws, regulations, and the provisions of contracts or grant agreements under this Agreement, including attachments and exhibits.
(4) If action to correct any substandard performance is not taken by the CONTRACTOR within a reasonable period after being notified by CITY, suspension or termination procedures may be initiated by CITY.
(5) All performance shall be subject to review by the CITY or other regulatory agencies at all times. CONTRACTOR shall provide adequate cooperation to any inspector or other CITY representative to permit the same to determine CONTRACTOR’s conformity with the terms of this Agreement. If any services performed by CONTRACTOR are not in conformance with the terms of this Agreement, the CITY shall have the right to require City Council 17 – 89 3/1/2022
CONTRACTOR to perform the services in conformance with the terms of the Agreement at no additional cost. The CITY may also terminate this Agreement for defa ult and charge CONTRACTOR for any costs incurred by the CITY because of CONTRACTOR’s failure to perform.
(6) CONTRACTOR shall establish adequate procedures for self-monitoring and quality control and assurance to ensure proper performance under this Agreement; and shall permit a CITY representative or other regulatory official to monitor, assess, or evaluate CONTRACTOR’s performance under this Agreement at any time, upon reasonable notice to CONTRACTOR.
G. Audit.
(1) CONTRACTOR shall maintain compl ete and accurate records and supporting documentation to facilitate financial and/or program audits by CITY. This requirement shall apply to any records and documentation CITY shall reasonably require or as required to be maintained pursuant to the ARPA regulations.
(2) The books and accounts, files, and other records of CONTRACTOR, which are applicable to this Agreement, shall be available for inspection, review, and audit during normal business hours by CITY to determine the proper application and use of all ARPA SLFRF Funds provided to or for the account or benefit of CONTRACTOR.
(3) CONTRACTOR assumes responsibility for reimbursement to CITY a sum of money equivalent to the amount of any expenditures disallowed should the CITY, or an authorized agency, rule through audit, exception, or some other appropriate means, that expenditures from funds allocated to CONTRACTOR for direct and/or administrative costs were not made in compliance with the applicable cost principles, regulations, or the provisions of this Agreement.
(4) CONTRACTOR agrees to comply with the requirements of OMB Uniform Guidance 2 CFR Part 200. CONTRACTOR further agrees to provide CITY with a copy of completed independent auditors’ report within thirty (30) days of CITY’s request for such report. If the report contains instances of non-compliance with federal laws and regulations that bear directly on the performance or administration of this Agreement, CONTRACTOR shall provide CITY copies of responses to auditors’ reports, a plan for corrective action, and auditors’ response that the noncompliance has been resolved. All reports prepared in accord with the requirements of OMB Uniform Guidance 2 CFR Part 200 shall be available for inspection by representatives of CITY or the federal government during normal business hours.
(5) All accounting records, reports, and evidence pertaining to all costs, expenses and the ARPA SLFRF Funds of CONTRACTOR and all documents related to this Agreement shall be maintained and kept available at CONTRACTOR’S office or place of business for the duration of the Agreement and thereafter for five (5) years from the date of final payment under this Agreement. Records which relate to: (a) complaints, City Council 17 – 90 3/1/2022
claims, administrative proceedings or litigation a rising out of the performance of this Agreement; or, (b) costs and expenses of this Agreement to which CITY or any other governmental agency takes exception, shall be retained beyond the five (5) years until complete resolution or disposition of such appeals, litigation claims, or exceptions. In the event CONTRACTOR does not make the above-referenced documents available within the City of Santa Ana, California, CONTRACTOR agrees to pay all necessary and reasonable expenses incurred by CITY in conducting any audit at the location where said records and books of account are maintained.
H. Ownership/Use of Materials . CONTRACTOR agrees that all materials, reports or products in any form, including electronic, created by CONTRACTOR for which CONTRACTOR has be en compensated pursuant to this Agreement shall be the sole property of the CITY. The material, reports, or products may be used by the CITY for any purpose that the CITY deems to be appropriate, including, but not limit to, duplication and/or distributio n within the CITY or to third parties. CONTRACTOR agrees not to release or circulate in whole or part such materials, reports, or products without prior written authorization of the CITY.
I. Close-Out. CONTRACTOR agrees to comply with the closeout procedures detailed in 2 CFR §200.343, including the following:
(1) CONTRACTOR must submit, no later than ninety (90) calendar days after the end date of the period of performance, all financial, performance, and other reports as required by the terms and conditions of this Agreement;
(2) CONTRACTOR must promptly refund any balances of unobligated cash that the CITY paid in advance or paid and that is not authorized to be retained by CONTRACTOR for use in other projects (See OMB Circular A-129 and 2 CFR §200.345); and,
(3) CITY should complete all closeout actions for the Federal award no later than one year after receipt and acceptance of all required final reports.
II. CONTRACTOR’S OBLIGATIONS
A. Representations and Warranties.
(1) Authority. CONTRACTOR is a duly organized and existing domestic nonprofit corporation in good standing and authorized to do business under the laws of the State of California. CONTRACTOR has full right, power and lawful authority to accept the funding hereunder and to undertake all obligations as provided herein and the execution, performance and delivery of this Agreement by CONTRACTOR has been fully authorized by all requisite actions on the part of CONTRACTOR.
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(2) Experience. CONTRACTOR is qualified to provide the
administrator services for said program detailed herein.
(3) Familiarity With Services Required . By executing this Agreement, CONTRACTOR warrants that: (i) it has tho roughly investigated and considered the administrator services to be performed and provided for said program as detailed in Exhibit A; (ii) it has carefully considered how the services should be performed; and, (iii) it fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement.
(4) No Conflict . To the best of CONTRACTOR’S knowledge, CONTRACTOR’S execution, delivery and performance of its obligations under this Agreement will not constitute a default or a breach under any contract, agreement or order to which CONTRACTOR is a party or by which it is bound.
(5) No Bankruptcy. CONTRACTOR is not the subject of any current or threatened bankruptcy proceeding.
(6) No Pending Legal Proceedings. CONTRACTOR is not the subject of a current or threatened litigation that would or may materially affect CONTRACTOR’S performance under this Agreement.
(7) Proposal Veracity . All provisions of and information provided in CONTRACTOR’s proposal submitted to CITY, including any exhibits, are true and correct in all material respects.
(8) No Pending Investigation. CONTRACTOR has no knowledge that it is the subject of any current or threatened criminal or civil action investigation by any public agency, including without limitation a police agency or prosecuting authority, which would relate to or affect performance of the Agreement or provision of services hereunder.
B. Licensing. CONTRACTOR agrees to obtain and maintain all required licenses, registrations, accreditation and inspections from all agencies governing its operations. CONTRACTOR shall ensure that its staff sha ll also obtain and maintain all required licenses, registrations, accreditation and inspections from all agencies governing CONTRACTOR's operations hereunder. Such licensing requirements include obtaining a City business license, as applicable.
C. Zoning. CONTRACTOR agrees that any facility/property used in furtherance of said program shall be specifically zoned and permitted for such use(s) and activities.
Should CONTRACTOR fail to have the required land entitlement and/or permits, thus violating any local, state or federal rules and regulations relating thereto, CONTRACTOR shall immediately make good-faith efforts to gain compliance with local, state or federal rules and regulations following written notification of said violation(s) from the CITY or other authorized citing agency. CONTRACTOR shall notify CITY immediately of any pending violations. Failure to notify CITY of pending violations, or to remedy such known violation(s) City Council 17 – 92 3/1/2022
shall result in termination of grant funding hereunder. CONTRACTOR must make all corrections required to bring the facility/property into compliance with the law within sixty (60) days of notification of the violation(s); failure to gain compliance within such time shall result in termination of grant funding hereunder.
D. Separation of Accounts. All funds received by CONTRACTOR from CITY pursuant to this Agreement shall be maintained in an account in a federally insured banking or savings and loan institution with record keeping of such accounts maintained pursuant to applicable 2 CFR 200.302 requirements. CONTRACTOR is not required to maintain separate depository accounts for ARPA SLFRF Funds; provided however, the CONTRACTOR must be able to account for receipt, obligation, distribution and expenditure of ARPA SLFRF Funds pursuant to applicable 2 CFR 200.302 requirements.
E. Audit Report Requirements. CONTRACTOR agrees that if CONTRACTOR expends Seven Hundred Fifty Thousand Dollars ($750,000) or more in federal funds, CONTRACTOR shall have an annual audit conducted by a certified public accountant in accordance with the standards as set forth and published by the United States Office of Management and Budget. CONTRACTOR shall provide CITY with a copy of said audit by April 1 of the year following the program year in which this Agreement is executed.
F. Compliance with Law/Program Income. CONTRACTOR acknowledges that the funds being provided by CITY for said program are received by CITY pursuant to ARPA, and that distribution and expenditure of these ARPA SLFRF Funds shall be in accordance with ARPA and all pertinent regulations issued by agencies of the federal government, including, but not limited to, all regulations found at Title 24 of the Code of Federal Regulations. Any program income received by CONTRACTOR shall be returned to CITY, unless otherwise provided for in this Agreement. CONTRACTOR agrees to comply fully with all federal, state and local laws and court orders applicable to its operation and administration of said program, whether or not referred to in this Agreement.
G. Debarment. To protect the public interest and ensure the inte grity of Federal programs, CITY may only conduct business with responsible persons and may not make any award or permit any award to any party which is debarred or suspended or is otherwise excluded from or ineligible for participation in Federal assistanc e programs under Executive Order 12549, “Debarment and Suspension”. See also 24 CFR 570.609.
CONTRACTOR must review and sign Exhibit D “Debarment”, which is attached hereto and incorporated herein by this reference. CONTRACTOR shall be in good standing, without suspension by the California Secretary of State, Franchise Tax Board or Internal Revenue Service. Any change in the corporate status or suspension of CONTRACTOR shall be reported immediately to CITY.
H. Confidentiality. Without prejudice to an y other provisions of this Agreement, CONTRACTOR shall, where applicable, maintain the confidential nature of information provided to it concerning participants in accordance with the requirements of federal and state law. However, CONTRACTOR shall submit to CITY or its representatives, all City Council 17 – 93 3/1/2022
records requested, including audit, examinations, monitoring and verifications of reports submitted by CONTRACTOR, costs incurred and services rendered hereunder.
I. Independent Contractor. CONTRACTOR agrees that the performance of obligations hereunder is rendered in its capacity as an independent contractor and that it is in no way an agent of CITY.
J. Violation of Terms and Conditions . CONTRACTOR agrees that if CONTRACTOR violates any of the terms and conditions of this Agreement or any prior Agreement whereby ARPA SLFRF Funds were received by CONTRACTOR, or if CONTRACTOR reports inaccurately, or if on audit there is a disallowance of certain expenditures, CONTRACTOR agrees to remedy the acts or omissions causing the disallowance and repay CITY all amounts spent in violation thereof. If CONTRACTOR engaged in fraudulent activity to obtain and/or justify distribution or expenditure of the ARPA SLFRF Funds granted hereunder, CONTRACTOR shall be required to reimburse the CITY of all such funds that were obtained, distributed and/or spent under fraudulent circumstances.
K. Fraud. CONTRACTOR shall immediately report all suspected or known instances and facts concerning possible fraud, abuse or criminal activity related to said program for the ARPA SLFRF Funds under this Agreement.
L. Prohibited Use. CONTRACTOR hereby certifies and agrees that it will not use ARPA SLFRF Funds provided through this Agreement to pay for entertainment, meals or gifts, or other prohibited uses.
M. Lobbying. CONTRACTOR certifies that it will comply with federal law (31 U.S.C. 1352) and regulations found at 24 CFR Part 87, which provide that no appropriated funds may be expended by the recipient of a federal contract, grant, loan or cooperative agreement to pay any person for influencing or attempting to influence an officer or employee of any agency, Member of Congress, or an officer or employee of a Member of Congress in connection with awarding of any federal contract, the making of any federal grant or loan, entering into any cooperative agreement and the extension, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement.
CONTRACTOR shall sign a certification to that effect in a form as set forth in Exhibit E, attached hereto and by this reference incorporated herein. CONTRACTOR shall submit said signed certification to CITY prior to performing any of its obligations under this Agreement and prior to any obligation arising on the part of CITY to pay any sums to CONTRACTOR under the terms and conditions of this Agreement.
If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit a “Disclosure Form to Report Lobbying,” in accordance with its instructions (Exhibit E).
City Council 17 – 94 3/1/2022
N. Financial Interest. CONTRACTOR agrees that except for the use of administrative fees to pay salaries and other related administrative or personnel costs, no persons who exercise or have exercised any function with respect to administering said program under the terms of this Agreement, or wh o are in a position to participate in a decision-making process or gain inside information with regard to the administration of said program, may obtain a financial interest or benefit from said program, either for themselves or those with whom they have f amily or business ties, during their tenure or for one year thereafter. This prohibition applies to any person who is an employee, agent, consultant, officer, or elected or appointed official of CITY, or of any designated public agency, or the CONTRACTOR.
O. Labor Standards. The CONTRACTOR agrees to comply with the requirements of the Secretary of Labor in accordance with the Davis -Bacon Act as amended, the provisions of Contract Work Hours and Safety Standards Act (40 U.S.C. 327 et seq.) and all other applicable Federal, state and local laws and regulations pertaining to labor standards insofar as those acts apply to the performance of this Agreement. The CONTRACTOR agrees to comply with the Copeland Anti-Kick Back Act (18 U.S.C. 874 et seq.) and its implementing regulations of the U.S. Department of Labor at 29 CFR Part 5. The CONTRACTOR shall maintain documentation that demonstrates compliance with hour and wage requirements of this part. Such documentation shall be made available to the CITY for review upon request.
P. Equal Employment Opportunities. CONTRACTOR shall make every effort to ensure that all projects funded wholly or in part by ARPA SLFRF Funds shall provide equal employment opportunities for minorities and women.
Q. Women and Minority-Owned Businesses (W/MBE). CONTRACTOR will use its best efforts to afford small businesses, minority business enterprises, and women’s business enterprises the maximum practicable opportunity to participate in the performance of this Agreement in accordance with the requirements of 2 CFR 200.321 “Contracting with small and minority businesses, women’s business enterprises, and labor surplus area firms”. As used in this Agreement, the term “small business” means a business that meets the criteria s et forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and “minority and women’s business enterprise” means a business at least fifty -one percent (51%) owned and controlled by minority group members or women. For the purpose of thi s definition, “minority group members” are African-Americans, Spanish -speaking, Spanish surnamed or Spanish -heritage Americans, Asian-Americans, and American Indians. CONTRACTOR may rely on written representations by businesses regarding their status as m inority and female business enterprises in lieu of an independent investigation.
R. Drug Free Workplace. CONTRACTOR agrees to provide a drug-free workplace and to execute a certification as set forth in Exhibit F attached hereto and incorporated herein by this reference.
City Council 17 – 95 3/1/2022
S. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. The following requirements and standards must be complied with: 2 CFR Part 200 et al. CONTRACTOR shall procure all materials, property, or services in accordance with the requirements of 2 CFR 200.318-326.
III. CITY'S OBLIGATIONS
A. Audit of Account. CITY shall include an audit of the account maintained by CONTRACTOR in CITY's audit of all ARPA SLFRF Funds in accordance with Title 24 of the Code of Federal Regulations and other applicable federal laws and regulations.
B. Common Rule: Pursuant to 2 CFR 200.328(a), the CITY manages the day-to-day operations of each grant and subgrant supported activities. CITY staff has detailed knowledge of the grant program requirements and monitors grant and subgrant supported activities to assure compliance with federal requirements. Such monitoring covers each program, function and activity and performance goals are reviewed periodically.
C. Project Expectations : CITY shall monitor the performance of CONTRACTOR against goals and performance standards required herein. The CONTRACTOR shall be responsible to accomplish the proj ect expectations as set forth in Exhibit A, and report such results to the CITY. If the CONTRACTOR estimates such goals will not be met, the CONTRACTOR is to contact the CITY, at which time the CITY will determine if any adjustments to the grant award is appropriate. Substandard performance as determined by the CITY will constitute non -compliance with this Agreement. Should the CITY determine that the CONTRACTOR has not performed its obligations as stated in this contract in a satisfactory manner, or if t he CITY determines that insufficient supporting information has been submitted, the CITY shall notify the CONTRACTOR in writing of its determination specifying in full detail the objections that it has to the CONTRACTOR’s performance. If action to correct such substandard performance is not taken by the CONTRACTOR after being notified by the CITY, within a reasonable period of time as stipulated in the written notification, contract suspension or termination procedures will be initiated.
IV. GENERAL PROVISIONS
A. Non-Discrimination.
1. CONTRACTOR agrees to comply with Executive Order 11246, which requires that during the performance of this Agreement, CONTRACTOR agrees not to discriminate against any employee or applicant for employment because of race, religion, sex, color or national origin. Such action shall include, but not be limited to the following:
employment, upgrading, demotion, or transfer, rates of pay or other forms of compensation, and selection for training, including apprenticeship. CONTRACTOR agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the CONTRACTOR setting forth the provisions of this nondiscrimination clause.
City Council 17 – 96 3/1/2022
2. CONTRACTOR agrees to comply with Title VI of the Civil Rights Act of 1964, which indicates that no person shall, on the ground of race, color or national origin, be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program of activity receiving federal financial assistance.
3. No person shall, on the grounds of race, sex, creed, color, religion, marital status, national origin, age, sexual orientation, or physical or mental handicap be excluded from participation in, be refused the benefits of, or otherwise be subject to discrimination in any activities, programs or employment supported by this Agreement. CONTRACTOR is prohibited from discrimination on the basis of age or with respect to an otherwise qualified handicapped person as provided for under Section 109 of the Housing and Community Development Act of 1974, as amended.
4. CONTRACTOR agrees to comply with the Age Discrimination Act of 1975, which requires that during the performance of this Agreement, CONTRACTOR agrees not to discriminate against any employee or applicant for employment because of age. Such action shall include, but not be limited to the following: employment upgrading, demotion, or transfer, rates of pay or other forms of compensation, and selection for training, including apprenticeship. CONTRACTOR agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the CONTRACTOR setting forth the provisions of this age discrimination clause.
5. CONTRACTOR agrees to comply with Section 504 of the Rehabilitation Act of 1973, which requires that no otherwise qualified individual with a disability in the United States, shall, solely by reason of his or her disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance or under any program or activity conducted by any executive agency or by the United States Postal Service.
B. Conflict of Interest. Pursuant to the conflict of interest requirements set forth in 24 CFR 570.611 and 2 CFR 200.112, CONTRACTOR certifies that no member, officer, employee, agent or assignee of CITY having direct or indirect control of any ARPA SLFRF Funds granted to the CITY, inclusive of the subject ARPA SLFRF Funds, shall serve as an officer of CONTRACTOR. Further, any conflict or potential conflict of interest of any officer of CONTRACTOR shall be fully disclosed in writing prior to the execution of this Agreement and said writing shall be attached and deemed fully incorporated as a part hereof. Notice shall be sent by CONTRACTOR to CITY regarding any changes or modifications to its board of directors and list of officers.
C. Special Certification for Religious Entities. If CONTRACTOR is a religious entity, CONTRACTOR hereby agrees that in connection with the provision of the services CONTRACTOR shall provide with ARPA SLFRF Funds, in accordance with 24 CFR 570.200(j):
1. CONTRACTOR shall not discriminate against any employee or applicant City Council 17 – 97 3/1/2022
for employment on the basis of religion and shall not limit employment or give preference in employment to persons on the basis of religion.
2. CONTRACTOR shall not discriminate against any person applying for the services CONTRACTOR agrees to provide under the terms of this Agreement on the basis of religion and shall not limit such services or give preference to applicants for such services on the basis of religion.
3. CONTRACTOR shall NOT provide religious instruction or counseling, conduct any religious worship or services, or engage in any religious proselytizing, or exert any religious influence in the provision of the services in said program. The parties agree that this covenant is intended to and shall be construed for the limited purpose of assuring compliance with respect to the use of CITY funds by CONTRACTOR with applicable constitutional limitations respecting the establishment of religion as set forth in the establishment clause under the First Amendment of the United States Constitution and Article I, Section 4 of the California Constitution, and is not in any manner intended to restrict other activities of CONTRACTOR.
4. The portion of a facility used to provide public services assisted in whole or in part under this Agreement shall contain no sectarian or religious symbols.
5. Where the services to be provided under said program are rendered on property owned by the primarily religious entity CONTRACTOR, ARPA SLFRF Funds may also be used for minor repairs to such property, which are directly related to the cost of rendering the services under said program, where the cost constitutes in dollar terms only an incidental portion of the ARPA expenditure for rendering the services under said program.
D. Prohibition of Nepotism. CONTRACTOR agrees not to hire or permit the hiring of any person to fill a position funded through this Agreement if a member of that person’s immediate family is employed in an administrative capacity by CONTRACTOR.
For the purposes of this section, the term “immediate family” means spouse, child, mother, father, brother, sister, brother-in-law, sister-in-law, father-in-law, mother-in-law, son-in-law, daughter-in-law, aunt, uncle, niece, nephew, stepparent and stepchild. The term “administrative capacity” means having selection, hiring, supervisor or management responsibilities.
E. Notices. Notices to the parties shall, unless otherwise requested in writing, be sent by U.S. Mail, postage prepaid, and addressed as follows:
TO CITY: City of Santa Ana
Daisy Perez
Assistant to the City Manager
City Manager’s Office
20 Civic Center Plaza
P.O. Box 1988
City Council 17 – 98 3/1/2022
Santa Ana, California 92702-1988
TO CONTRACTOR: Santa Ana Elks Lodge #794
Lisa Darmousseh
Exalted Ruler
1751 Lyon St.
Santa Ana, CA 92705
714-547-7794
[email protected]
F. Assignability. None of the duties of, or work to be performed by, CONTRACTOR under this Agreement shall be subcontracted or assigned to any agency, consultant, or person without the prior written consent of CITY. CONTRACTOR must submit all subcontracts and other agreements that relate to this Agreement to CITY. No subcontract or assignment shall terminate or alter the legal obligations of CONTRACTOR pursuant to this Agreement.
G. Indemnification/Hold Harmless. CONTRACTOR shall indemnify, defend and save harmless CITY, its officers, employees, agents, representatives and volunteers from and against any and all damages to or for loss of use of property and for injuries to or death of any person or persons, including property and employees or agents of CITY, and shall defend, indemnify and save harmless CITY, its officers, employees, agents, representatives and volunteers from and against any and all claims, demands, suits, actions or proceedings of any kind or nature, including, but not by way of limitation, workers compensation claims and including attorney fees and reasonable expenses for litigation or settlement, resulting from or arising out of the negligent or wrongful acts, errors or omissions of CONTRACTOR, its officers, directors, employees, agents, subcontractors and suppliers arising out of CONTRACTOR's performance of this Agreement.
H. Insurance.
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, its agents, representatives, employees, or subcontractors.
a. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence.
If a general a ggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or City Council 17 – 99 3/1/2022
the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Contractor has no owned autos, Code 8 (hired) and 9 (non -owned), with limit no less than $1,000,000 (if program services includes transportation of youth, the limit shall be no less than $5,000,000) per accident for bodily injury and property damage. (Not required if an automobile is not required to fulfill services.)
3. Workers’ Compensation: insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
4. Sexual Abuse or Molestation (SAM) Liability: If the CGL policy referenced above is not endorsed to include affirmative coverage for sexual abuse or molestation, Contractor shall obtain and maintain a policy covering Sexual Abuse and Molestation with a limit no less than $1,000,000 per occurrence or claim.
5. If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires an d shall be entitled to the broader coverage and/or the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. b. Other Insurance Prov isions – The insurance policies are to contain, or be endorsed to contain, the following provisions:
1. Additional Insured Status: The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if a later edition is used).
2. Primary Coverage: For a ny claims related to this contract, the Contractor’s insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.
3. Notice of Cancellation: Each insurance policy required above shall state that coverage shall not be canceled, except with notice to the City.
4. Waiver of Subrogation: Contractor hereby grants to City a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
City Council 17 – 100 3/1/2022
5. Self-Insured Retentions: Self-insured retentions must be declared to and approved by the City. The City may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defe nse expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.
6. Acceptability of Insurers: Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.
7. Claims Made Policies: If any of the required policies provide coverage on a claims-made basis:
1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.
2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
3. If coverage is canceled or non -renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work.
8. Verification of Coverage: Contractor shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) a nd a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to pr ovide them. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
9. Special Risks or Circumstances: City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
I. Termination.
1. This Agreement may be terminated on thirty (30) days ’ written notice by either party. In the event of such termination, CONTRACTOR shall only be entitled to reimbursement for approved expenses incurred to the effective date of termination.
2. This Agreement may be suspended or terminated by CITY upon five (5) days’ written notice for violation by CONTRACTOR of Federal Laws governing the use of ARPA SLFRF Funds. In the event of such suspension or termination, CONTRACTOR shall only be entitled to reimbursement for approved expenses incurred up to the effective date City Council 17 – 101 3/1/2022
of suspension or termination.
3. Pursuant to 2 CFR 200.340, in the event CONTRACTOR defaults by failing to fulfill all or any of its obligations hereunder, CITY may declare a default and termination of this Agreement by written notice to CONTRACTOR, which default and termination shall be effective on a date stated in the notice which is to be not less than ten (10) days after certified mailing or personal service of such notice, unless such default is cured before the effective date of termination stated in such notice. If terminated for cause, CITY shall be relieved of further liability or responsibility under this Agreement, or as a result of the termination thereof, including the payment of money, except for payment for approved expenses incurred for services satisfactorily and timely performed prior to the mailing or service of the notice of termination, and except for reimbursement of: (1) any payments made for services not subsequently performed in a timely and satisfactory manner; and, (2) costs incurred by CITY in obtaining substitute performance.
4. The grant of funds under this Agreement may be terminated for convenience by either the CITY or CONTRACTOR, in whole or in part, by setting forth the reasons for such termination, the effective date, and, in the case of portion termination, their portion to be terminated. However, if in the case of a partial termination, the CITY determines that the remaining portion of the award will not accomplish the purpose for which the award was made, the CITY may terminate the award in its entirety.
5. The grant of funds under this Agreement may be terminated due to the non-performance of CONTRACTOR and/or failure of SUBRECIPENT to perform the work described in Exhibit A.
6. The grant of funds under this Agreement may be terminated due to the failure of the CITY to receive sufficient or anticipated funding for the ARPA program for any term subject to this Agreement.
7. In the event this Agreement is terminated as set forth in subparagraphs I(1) through I(6), inclusive, CONTRACTOR agrees to immediately return to CITY upon CITY's demand and prior to any adjudication of CONTRACTOR’s rights, any and all funds not used, and to comply with the Reversion of Assets requirements in this Agreement.
J. Limitation of Funds. The United States of America may in the future place programmatic or fiscal limitations on the use of ARPA SLFRF Funds, which limitations are not presently anticipated. Accordingly, CITY reserves the right to revise this Agreement in order to take account of actions affecting ARPA program funding. In the event of funding reduction, CITY may, in its sole and absolute discretion, reduce the budget of this Agreement, may limit the rate of CONTRACTOR’s authority to utilize funds, or may restrict CONTRACTOR’s use of uncommitted funds. Where CITY has been directed to implement a reduction in funding, with respect to funding for this Agreement, CITY’s City Manager or delegate is authorized to act for CITY in implementing and effecting such a reduction and in revising, modifying, or amending the Agreement for such purposes. If such a reduction in funding occurs, CONTRACTOR shall be permitted to de-scope accordingly. Where CITY City Council 17 – 102 3/1/2022
has reasonable grounds to question CONTRACTOR’s fiscal accountability or compliance with this Agreement, CITY may suspend the operation of this Agreement for up to sixty (60) days upon five (5) days written notice to CONTRACTOR of its intention to so act, pending an audit or other resolution of such questions. In no event, however, shall any revisions made by CITY affect expenditures and legally binding commitments made by CONTRACTOR before it received notice of such revision, provided that such amounts have been committed in good faith and are otherwise allowable and that such commitments are consistent with ARPA SLFRF Funds withdrawal guidelines.
K. Exclusivity and Amendment of Agreement. This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the use of CITY's ARPA SLFRF Funds by CONTRACTOR and contains all the covenants and agreements between the parties with respect to SUBRECIPIIENT’s administration of said program. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement or amendment hereto shall be effective unless executed in writing and signed by both CITY and CONTRACTOR.
L. Laws Governing this Agreement. This Agreement shall be governed by and construed in accordance with the laws of the State of California, and all applicable federal laws and regulations.
M. Validity and Severability. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.
Whenever possible, each provision of this AGREEMENT shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this AGREEMENT is held to be prohibited by or invalid under applicable l aw, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of such provisions of this AGREEMENT.
N. Waiver. No delay or omission by either party hereto to exercise any right or power accruing upon any noncompliance or default by the other party with respect to any of the terms of this Agreement shall impair any such right or power or be construed to be a waiver thereof. A waiver by either of the parties hereto of any of the covenants, conditions, or agreements to be performed by the other shall not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or agreement herein contained.
O. Federal Award Identification Information . CONTRACTOR’s pe rtinent Federal Award Identification Information, including DUNS Number and Federal Award Identification Number (FAIN), as well as the applicable information for ARPA, are included in Exhibit C attached hereto and incorporated herein by this reference.
P. Miscellaneous Provisions.
City Council 17 – 103 3/1/2022
1. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully, including reasonable costs and attorney’s fees, for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn.
2. All Exhibits and Attachments referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement.
3. This Agreement must be signed below and may be signed in counterpart and delivered by fax, email as a PDF (Portable Document Format) file attachment, or by other means that displays the o riginal or a copy of the signatures. Any subsequent amendments may be signed and delivered in the same manner.
{Signatures on following page}
City Council 17 – 104 3/1/2022
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first written above.
ATTEST: CITY OF SANTA ANA
________________________ ________________________
DAISY GOMEZ KRISTINE RIDGE
Clerk of the Council City Manager
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
____________________________
By: RYAN O. HODGE
Assistant City Attorney
CONTRACTOR:
______________________________
LISA DARMOUSSEH
Exalted Ruler/President
DUNS #: 066405540
City Council 17 – 105 3/1/2022
EXHIBIT A
Santa Ana Elks Lodge #794
Scope of Work
Our culinary team will prepare one hot meal on Monday morning for curbside or walk up pick up between the hours of 11:00am and 2:00pm. The meals will be placed in large warming boxes to ensure that they stay hot and fresh. We will prepare up to 270 meals for distribution.
Sample menu #1
Garden salad cup with Italian dressing on the side
Grilled Chicken with sauce (picatta, BBQ, Hawaiian teriyaki) Fresh vegetables
Cookie
Sample menu #2
Caesar Salad
Lasagna with sauce
Garlic toast
Cookie
Sample menu #3
Fresh fruit cup
Pot roast, gravy
Mashed Potatoes
Green beans
Cookie
Drive up food distribution will be organized in a two -lane drive through. We will have staff attendants direct the cars through our parking lot and drive through in a safe manner. Elk volunteers will hand out the meals as the cars drive through.
We will have a walk-up station for those without transportation. Those stations will be manned by Elk volunteers and staff attendants. We will have socially distanced distribution lines in our parking lot and patio to facilitate walk up meal distribution.
We will collaborate with our partner organizations: Santa Ana Rotary Club, Lions Club
City Council 17 – 106 3/1/2022
international, American Legion Santa Ana post, and the Veterans Outpost of Santa Ana to deliver meals to those who are unable to come to our property.
We will advertise the program with the assistance of our partner organizations. We will also advertise in local newspapers, to schools, colleges, and other local non -profit organizations.
We propose a one-year program that is renewable for an additional year after evaluation by the Lodge and the City of Santa Ana.
City Council 17 – 107 3/1/2022
EXHIBIT B
Santa Ana Elks Lodge #794
Revised Budget Proposal
Food, packaging, and labor: $11.00 per meal
In accordance with the Uniform Guidance, section, the Lodge will assess 10% of modified total direct costs (MTDC) as indirect costs (de minimis rate).
Annual Cost of Food Distribution Program not to exceed: $165,034 The Lodge has adequate income from its banquet and corporate events activities to support the cash flow needs of the food distribution program for 90 to 180 days.
Reimbursement Schedule
The Santa Ana Elks Lodge is to submit an invoice requesting reimbursement of program expenses, along with a report outlining all program outcomes and performance metrics to the City on a quarterly basis as follows:
Q1: March 1, 2022 - May 31, 2022 Reporting/Invoicing Due: June 30, 2022 Q2: June 1, 2022 - August 31, 2022 Reporting/Invoicing Due: September 30, 2022 Q3: September 1, 2022 - November 30, 2022 Reporting/Invoicing Due: December 31, 2022 Q4: December 1, 2022 - February 28, 2023 Reporting/Invoicing Due: March 31, 2023 City Council 17 – 108 3/1/2022
2/7/22, 12:19 PM
1/1
Fw: Requested DUNS Number
From: Lisa Darmousseh ([email protected])
To: [email protected]
Date: Sunday, February 6, 2022, 02:47 PM PST
Sent from Yahoo Mail on Android
----- Forwarded Message -----
From: "[email protected]" <[email protected]>
T o: "[email protected]" <[email protected]> Sent: Sun, Feb 6, 2022 at 2:19 PM
Subject: Requested DUNS Number
THIS IS AN AUTOMATED MESSAGE GENERATED BY THE D&B D-U-N-S REQUEST PORTAL. PLEASE DO NOT REPLY TO THIS MESSAGE.
Thank you for your request for your company's existing DUNS Number.
Your D-U-N-S Number is 066405540
for
SANTA ANA ELKS LODGE
1751 S LYON ST
SANTA ANA,CA
UNITED STATES OF AMERICA
If you have any questions about your DUNS Number, please contact us at: www.dnb.com/govtduns
EXHIBIT C
City Council 17 – 109 3/1/2022
Sam.gov Status: Pending
City Council 17 – 110 3/1/2022
Internal Revenue Service
District
Director
Benevolent & Protective Order
of Elks of the USA 794
212 Elk Lane
Santa Ana, CA 92701-5011
EIN:95-0541115
Dear Taxpayer:
Department of the Treasury
EP/EO Customer Service MS 7043
300 North Los Angeles Street, Room 431 0
Los Angeles, CA 90012
Person to Contact: L. Barragan
Telephone Number: 213 - 8 94 - 2 3 3 6
Refer Reply to: EO ( 0 7) 9 7
Date: July 11, 1997
This letter is in response to your request for exempt
status regarding the above named organization.
Our records indicate that this organization was recognized to be exempt from Federal Income Tax under Internal Revenue Code Section 50l(c) (8). Group exemption number 1156 has been assjgned to the organization and its subordinates. The
determination letter issued in October 1951 continues to be in effect.
If you need further assistance, please contact our office at the above address or telephone number.
Sincerely,
~--._ \ _ _. - t !; ~ : { _ l.._ , '- · ,,_ :' - . \ - - -- ,·I
L. Barragan
Disclosure Assistant
City Council 17 – 111 3/1/2022
California Secretary of State
Electronic Filing
Corporation - Statement of Information
Entity Name:
Entity (File) Number:
File Date:
Entity Type: Corporation
Jurisdiction:
Document ID:
Detailed Filing Information
1. Entity Name:
2. Business Addresses:
a. Street Address of
Principal
Office in California:
b. Mailing Address:
3. Officers:
a. Chief Executive Officer:
b. Secretary:
Use bizfile.sos.ca.gov for online filings, searches, business records, and resources. : D I t n e m u c o D
C0063418
01/25/2022
CALIFORNIA
1751 S. Lyon Street
Santa Ana, California 92705
United States of America
1751 S. Lyon Street
Santa Ana, California 92705
United States of America
John Moore
1751 S. Lyon Street
Santa Ana, California 92705
United States of America
Charles H Kuhns Jr.
1751 S. Lyon Street
Santa Ana, California 92705
United States of America
H143649
H143649
ELKS BUILDING ASSOCIATION OF
SANTA ANA
ELKS BUILDING ASSOCIATION OF SANTA
ANA
City Council 17 – 112 3/1/2022
California Secretary of State
Electronic Filing
Officers (Cont'd):
c. Chief Financial Officer:
4. Agent for Service of Process:
By signing this document, I certify that the information is true and correct and that I am authorized by California law to sign.
Electronic Signature:
Use bizfile.sos.ca.gov for onl
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Document ID:
William Capps
1751 S. Lyon Street
Santa Ana, California 92705
United States of America
Norman Fisher
1751 S. Lyon Street
Santa Ana, California 92705
United States of America
Norman Fisher
H143649
City Council 17 – 113 3/1/2022
APPENDIX
ATTACHMENT 3-1: NON-COLLUSION AFFIDAVIT
CERTIFICATIONS
CITY OF SANTA ANA
REQUEST FOR PROPOSALS
FOR
REVIVE:
SANTA ANA FOOD SUPPLY/DISTRIBUTION PROGRAMS
RFP NO.: 22-009A
NON-COLLUSION AFFIDAVIT
(Title 23 United States Code Section 112 and
Public Contract Code Section 7106)
To the CITY OF SANTA ANA CITY MANAGER'S OFFICE
In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any Bl DOER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other Bl ODER, 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 bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid 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 bid.
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. BIDDERS are cautioned that making a false certification may subject the certifier to criminal prosecution.
Organization Santa Ana Elks Lodge #794
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Date 217122
City of Santa Ana RFP 22-009A
EXHIBIT D
City Council 17 – 114 3/1/2022
APPENDIX
ATTACHMENT 3-2: NON-LOBBYING CERTIFICATION
CERTIFICATIONS
CITY OF SANT A ANA
REQUEST FOR PROPOSALS
FOR
REVIVE:
SANTA ANA FOOD SUPPLY/DISTRIBUTION PROGRAMS
RFP NO.: 22-009A
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 any 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, loan or cooperative agreement, the undersigned shall complete and submit a "Disclosure of Lobbying Activities".
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 sub recipients shall certify and disclose accordingly.
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City of Santa Ana RFP 22-009A