Agenda packet — Santa Ana City Council, March 1, 2022 (part 3 of 5)

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

UNITED ACROSS BORDERS FOUNDATION 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 United Across Borders Foundation, 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 TWO HUNDRED EIGHTEEN THOUSAND FIVE HUNDRED SEVENTY-SIX dollars ($ 218,576) (“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 hereina fter 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 accountin g. 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 – 121 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 – 122 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 – 124 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 – 125 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).

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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 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.

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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 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.

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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 – 129 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
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Santa Ana, California 92702-1988

TO CONTRACTOR: United Across Borders Foundation
Erika Robles
Executive Director & President
2112 E 4th St, Unit 112
Santa Ana, CA 92705
714-888-8818

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 he reunder 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 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 City Council 17 – 131 3/1/2022

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 Co ntractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. b. Other Insurance Provisions – The insurance policies are to contain, or be endorsed to contain, the following provisions:

1. Additional Insured Status: The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if a later edition is used).

2. Primary Coverage: For any claims related to this contract, the Contractor’s insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, 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 whethe r or not the City has received a waiver of subrogation endorsement from the insurer.

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 in surance 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, th e 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 City Council 17 – 133 3/1/2022

failing to fulfill all or any of its obligations hereunder, CITY may declare a defaul t 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 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 City Council 17 – 134 3/1/2022

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 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, City Council 17 – 135 3/1/2022

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 – 136 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:

______________________________

ERIKA ROBLES
President & Executive Director
DUNS #: 086860761

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Exhibit A

SCOPE OF WORK:

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

United Across Borders Foundation has developed a tried-and-true approach to setting up well- run and orderly food distribution operations. We work with a wide range of partners, including Amazon Fresh, Giving Children Hope, Fundacion Sahuayo, Albertsons, Abound Food Organization, Food Finders, and we continue to develop relationships with new grocery stores, food banks, and corporations. Our partners reach out to us when they have donations; we collect the donations, store and/or distribute them at events targeted at Santa Ana’s most at- risk, low-income communities. For these events, we coordinate all outreach, staffing and organization, and provide participants with additional information about social services and support in their communities.

With support from the Revive Santa Ana funds, we will immediately double, if not triple, our ability to collect, store, and deliver food throughout Santa Ana. During the pandemic, we held one to two food distribution events each month, typically serving between 350-500 families at each event. With the support of the Revive Santa Ana grant, we will host at least one event per week in low-income communities throughout Santa Ana. Our proposed program has a duration of one year.

Our deliverables for the Revive Santa Ana grant will be as follows:

1. Hold one to two large events per week, 10 to 18 events in the 12 month grant period in low-income Santa Ana communities. Based on our average event size of 400, we estimate serving a total of 17,000 families during our one-year time frame. Low-income communities will be identified using QCT data and relevant economic data from huduser.gov and justicemap.org.

2. Track our efforts by collecting data via pre-registration and registration while participants wait in line for their donated goods. Information will be collected both online and on paper, to accommodate the spectrum of capabilities of Santa Ana residents.

3. Track and count very low-income families and place them in our UABF Palanca Program. A family in the Palanca Program will be a family in dire need of our services and at great or imminent risk of malnutrition and/or eviction due to lack of income because of citizenship status, illness, disability, or other hardship as determined by UAB census data and/or registration form submitted. These families may opt into a food delivery program to either pick up items at smaller events for Palanca Program participants, or may opt to have them delivered through our Food Box Delivery program.

We will engage at least 3,500 families/6,0000 residents be a part of our UABF Palanca Program.

City Council 17 – 138 3/1/2022

4. We will identify and deliver meals to 1,500 seniors (over the age of 65), immunocompromised individuals, caretakers of people with disabilities who are living alone or unable to leave their home due to illness, lack of transportation, or difficulty with mobility.

5. We will provide diapers, formula, wipes or any other item that is donated from our sponsor Baby2Baby and serve 1000 infants per month or 12,000 infants at 1 year ending

Over the years and particularly during the 2020-21 pandemic, we have developed relationships with various grocery stores, food banks, and corporations with surplus products. Our partners include Amazon Fresh, Northgate, Walmart, Giving Children Hope, and Food Finders. We are also in the process of establishing a partnership with the Second Harvest Bank as well as additional food donors. Our process for gathering donations, and the type and condition of donated products, varies from company to company. For example, Amazon Fresh reaches out to us when they have excess food that is fresh, not expired, and unopened, but for whatever reason was sent back or rejected by the consumer. We then go pick up the food, put it in storage or take it to a food distribution site. If we do not have storage but we have a place to do a food distribution, we distribute the goods right away. This in particular means meat, dairy, and other perishable products, which can be challenging to distribute rapidly Grant funding from Revive Santa Ana will allow us to buy a used forklift, and a large storage space, removing time pressures and ensuring that we can distribute all the donations we receive at locations where they will have the greatest positive impact.

The tasks that will go in place for food distribution events are as follows:

1. Identify and map low-income communities in Santa Ana to target for food distribution events.

2. Partner with the City of Santa Ana, allied nonprofits, the Mexican consulate, and neighborhood leaders to help us secure locations, dates, and volunteers.

3. Collect food supply with our trucks on a continuous basis, including both scheduled pickups and the ability to provide short-notice pickups.

4. Deliver perishable food items to refrigerated storage location and non-perishable and other items to our other storage locations.

1. At each food distribution event, key leadership positions will be staffed by experienced Directors of Special Events named in our Organizational Structure Chart. These Directors will delegate staff and volunteers to the following roles:
- Traffic Control Coordinator
- Guides traffic to parking areas and facilitates quick drop-off and pickup for participants of vendors.

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- Food Vendor Coordinator
- Works with food vendors to make sure proper food handling permits are used - Artesania Vendor Coordinator
- Works with merchandise vendors and tells them where to go - Food Line Coordinator
- Works with staff and volunteers to set up canopies and distribution areas, including separating products, coordinating storage and packaging. - Attendees Coordinator
- Works with volunteers to organize the line of participants, ensuring that it stays orderly and does not obstruct public sidewalks or other areas. - Truck Unloading Coordinator
- Works with a team to unload trucks and organize products for the Food Line Coordinator and their team.
- Event Coordinator
- Coordinates among all coordinators to ensure areas are properly staffed, communication is clear, and the event is running smoothly.

6. 2. Proposal shall include details of the target population

UABF has a long history of serving undocumented residents, mixed status families, and immigrant communities in Santa Ana. We have provided food distribution events to low-income and working poor communities in the Logan, Townsend, Lacy, Minnie St, Myrtle, and Santa Anita neighborhoods, among others These communities have large proportions of members who work in low-income service industries and in agriculture, where workers are disproportionately undocumented, have precarious employment, experience low wages and discrimination, and lack benefits and safe working conditions.

We are particularly targeting families who live in apartments and households with multiple families living in one home. Due to skyrocketing rents in recent years and the fact that Santa Ana has one of the highest rents and house prices of North Orange County cities, many residents must pay 60% or more of their income for their housing or “double up” with other families in a single unit, leading to overcrowding and its accompanying challenges. . High housing costs and low wages put families in precarious situations. Sometimes seniors have to choose between paying rent or paying for life saving medications, parents have to choose between paying rent and buying fresh foods, and college students and graduates must remain with their parents because they can’t afford to rent on their own. By providing the basic needs of each family, a plate of fresh and healthy food on their table, it will help ease their burden. This then may allow young people to save for a car or for first-and-last months’ rent to secure an apartment, allow families to pay their rent on time without the added stress or damage to their credit, and give seniors and disabled residents a much needed respite from their expenses.

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3. Proposal shall include details of the unmet need
To our knowledge, we are the largest organization providing food distributions focused in Santa Ana. We have nevertheless been unable to meet the needs of our community due to our lack of storage and delivery capacity. Through our social media engagement on Facebook, we are constantly receiving messages from communities in need asking us when our next event will be, if we could come to their side of town, if we will have more baby products like diapers and formula, and other requests for aid and support. During our events, to prevent having people wait in our long lines and not receive a groceries box, we often have to cut the lines off because of the demand being greater than the supply. With funding from Revive Santa Ana, we will to be able to meet unmet needs of 20 different neighborhoods in Santa Ana and serve thousands more people who need our services.

As an example, the zip code 92707 was one of the hardest hit by the pandemic, with some of the highest rates of covid cases and deaths in all of California. Yet while benefits like stimulus checks and unemployment benefits have now ended, these communities are still trying to recover from the impacts of lost and disabled family members, health care costs, ongoing unemployment, and lost wages. or those who were undocumented, they had to face the economic downturn and health crisis largely without public assistance.. Many went through their savings while others fell into debt. Many residents opted to leave to another state or back to their homelands, contributing to the exodus of children from our schools. Some families lost their head of household, or another family member that contributed to the household costs.

These communities need our continued support and we cannot leave them behind.

4. Proposal shall include details of collaborations with local organizations In our experience, the problems in our communities are intersectional, meaning that the challenges faced by different racial/ethnic, income, gender or other groups are overlapping and interconnected. In that understanding, we find it essential and imperative that we work with partners and allies in the community to provide services outside of our expertise or focus. - We partner with Latino Health Access to offer their “promotora” services to the community. UABF has worked with them and the OC Health Care Agency to provide free COVID tests and vaccines during our food distributions. - We partner with OCCCO PICO, a faith-based nonprofit that advocates for migrant rights.

They bring education on issues affecting our Santa Ana residents as well as opportunities to get immigration help for free or at very low costs. - We partner with OC Trans Latina which represents the latinx trangender community in OC that is fighting for their rights to be respected and supported in their efforts to fight against discrimination and violence against themm.

UABF also has partnered with the City of Santa Ana, Anaheim, La Habra, Fullerton, Buena Park, Orange, Costa Mesa during the pandemic to provide food, medical supplies, and other services to their respective residents.

5. Proposal shall include details of innovation in program/service delivery

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If our bid is approved, we will use the funds to expand, and doubling our capacities to serve more communities throughout Santa Ana.
- The addition of additional infrastructure like a forklift and refrigerated storage will increase our ability to leverage existing donations. Freed from time pressures associated with perishable items like dairy or meat products, we will be able to distribute donations at the locations where they are most needed. Having a forklift will not only speed up our pickups and deliveries and reduce our need for manpower, but it will also enable us to do simultaneous deliveries and pickups at two different locations. - Our biggest innovation is the creation of our UABF Dispensa Delivery program. This will be a program similar to Meals on Wheels that will allow us to deliver food directly to hard hit community members that are part of Palanca program through individual food deliveries or localized, smaller food distributions that take less manpower than our larger events. Not only will the Palanca program help us target the communities and individuals most in need, but it specifically accommodates the needs of individuals who continue to be most affected by the pandemic (including seniors, immunocompromised people, disabled people, caregivers, and young families).

City Council 17 – 142 3/1/2022

EXHIBIT B
Storage

Storage Rental: $120,000 ($10,000 per month)
Liability Insurance: $1,000
Fumigation: $1,000 ($500 per year)
Trash fees: $3,600 ($300 per month)
Water fees: $3,600 ($300 per month)

Storage Equipment

New Forklift: $10,000 (one time)
Electricity Monthly payment: $3,600 ($300 per month)
Walk-in Freezer, Self Contained: $15,000 (one time)

Transportation

Truck gas cost: $7,200 ($300 per truck, per month for 2 trucks) Truck Maintenance: $4,000 ($1,000 every 3 months)
Truck Insurance: $6,000 (2 trucks, $250 per month)
Palanca Program Car Delivery Gas Cost: $2,400 (one year)

Office and Office supplies

Printing Cost: $3,000 ($250 per month)
Zoom: $120 ($10 per month)
Companie Cell Service: $1,800 ($150 per month for 2 phones)

Staffing cost:

Payroll for staffing: $ $14,200
Management and Compliance consultant $5,000
Grant Writer Joese Hernandez: $2,000
Workers Comp: $350
Accountant $606
Food Safety Training $4,200 ($150 per person, 28 people)

Events
Uniforms/T-shirts: $1,000
Food for staff/workers: $2,400 (Approx $200 per month)
Social Media Marketing: $2,000
Park rental fees: $2,000
City Council 17 – 143 3/1/2022

EXHIBIT B
Canopies/tables: $2,500
Total = $218,576
United Across Borders Foundation has requested that the allowable percentage of funds be given to UAB to be used as start-up costs for our efforts to secure a storage location, make necessary purchases to set up our new and expanded operations (new truck and forklift), and allow us to partially fund our staffing needs. We are requesting $43,715 up front.

Reimbursement Schedule
UAB will be provided with an upfront payment of a portion their grant award ($40,000) to cover start up costs. UAB will then submit quarterly reimbursement requests as indicated below and deduct 25% of the advance each quarter ($10,000) from their quarterly reimbursement request.

UAB 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:

EXHIBIT C
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EXHIBIT D
City Council 17 – 150 3/1/2022

APPENDIX
ATTACHMENT 3-2: NON-LOBBYING CERTIFICATION

CERTIFICATIONS

CITY OF SANTA ANA

REQUEST FOR PROPOSALS
FOR
REVIVE:

SANTA ANA FOOD SUPPLY/DISTRIBUTION PROGRAMSS
RFP NO.: 22-009AA
The prospetive 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 officeror 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 reliancewas 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 allower tier subcontracts, which exceed $100,000 and that all such sub recipients shall certify and disclose accordingly
Organization Uted Aeross borcders 1condtion Signed and PrintedName A LAUK_ Erika Koldcs CEO/Taunder
_1-2
Title
Date
City of Santa Ana REP 22-009A

Page 43 ends

EXHIBIT E
City Council 17 – 151 3/1/2022

EXHIBITE

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 personfor influencingor attemptingto influencean 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 cooperativeagreement, 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 entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section
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.
1352, Title 31, U. S. Code. Any person who fails to
Lhltd A lrbs ndetfa
Grantee/Contactor Organization Program Title
7-22
Name of Certifying Officer Bignatúre Date
City of Santa Ana RFP 22-009A

Page 37 ends

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EXHIBIT F
City Council 17 – 153 3/1/2022

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):
t/2 ana Aun A
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PLACE OF PERFORMANCE

FOR CERTIFICATION REGARDING DRUG-FREE

WORKPLACE REQUIREMENTS
Name
Date: Z722
The Contractor shall inset in the space provided below the site(s)expectedto 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):

City of Santa Ana RFP 22-009A

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AGREEMENT BETWEEN THE CITY OF SANTA ANA AND

LATINO HEALTH ACCESS FOR USE OF

AMERICAN RESCUE PLAN ACT (ARPA) FUNDS

This Agreement is hereby made and entered into this 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 Latino Health Access, a California domestic nonprofit corporation (“CONTRACTOR”).

RECITALS:

A. The American Rescue Plan Act (“ARPA”) was signed into law in March 2021.

B. On July 20, 2021, the Santa Ana City Council authorized the City Manager to utilize ARPA SLFRF funding from the United States Department of Treasury for the Revive Santa Ana Spending Plan, which includes five spending categories:
recovery from the pandemic, direct assistance programs, public health and safety, critical infrastructure, and city fiscal health.

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 fun ds awarded to CONTRACTOR pursuant to this Agreement.

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I. ARPA PROGRAM PROVISIONS

C. Amount of Grant Funding . The total amount of funds provided for said program shall not exceed ONE HUNDRED NINE THOUSAND TWO HUNDRED EIGHTY-EIGHT dollars ($ 109,288) (“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.

(2) Reduced Distribution of Funds . The CI TY 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 consult ation with CONTRACTOR.

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E. Grant Program Requirements.

(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.

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.

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.

(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 repo rts 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 pe rtaining 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 – 159 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 whic h 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 tha n 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;

(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 ser vices 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.

(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.

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 of said program shall be specifically zoned and permitted for such use(s) and activities.

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.

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 Agreemen t. 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 e nsure 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 Fed eral assistance programs under Executive Order 12549, “Debarment and Suspension”. See also 24 CFR 570.609.

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. Howev er, CONTRACTOR shall submit to CITY or its representatives, all City Council 17 – 162 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.

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.

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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 Agreem ent, 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 t hey 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.

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 Agreemen t 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 crite ria 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 o f 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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III. CITY'S OBLIGATIONS

IV. GENERAL PROVISIONS

A. Non-Discrimination.

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1. CONTRACTOR shall not discriminate against any employee or applicant City Council 17 – 166 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.

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.

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 – 167 3/1/2022

Santa Ana, California 92702-1988

TO CONTRACTOR: Latino Health Access
America Bracho, MPH, CDE
President & CEO
450 W. Fourth Street, Suite 130
Santa Ana, CA 92701
714-542-7792
www.latinohealthaccess.org

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 officer s, 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:

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 City Council 17 – 168 3/1/2022

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 S tate 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 endorse d 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 cove rage 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:

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 City Council 17 – 169 3/1/2022

coverage with a lower retention or provide pr oof 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.

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 provi ded 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 pur chase “extended reporting” coverage for a minimum of five (5) years after completion of contract work.

8. Verification of Coverage: Contractor shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

I. 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.

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.

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.

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.

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 City Council 17 – 172 3/1/2022

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.

{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:

______________________________

AMERICA BRACHO, MPH, CDE
President & CEO
DUNS #: 938164811

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Latino Health Access Weekly Food Distribution Program
RFP 22-009A REVIVE Santa Ana: Food Supply/Distribution Programs

EXHIBIT A

The Goal of Latino Health Access’ Weekly Food Distribution Program is to mitigate food insecurity among working-class, Latinx residents of Santa Ana.

Objectives:

Within a two-year grant period, Latino Health Access will accomplish the following objectives:

1. Conduct 4,500 outreach contacts annually in working-class neighborhoods of Santa Ana to promote food distribution.

2. Provide a minimum of 46 food distribution events annually for City of Santa Ana residents.

3. Provide food supply to 800 Santa Ana residents per month through food distribution events.

4. Distribute at least 3,000 diapers per month to Santa Ana families.

Program Description:

Latino Health Access (LHA) promotores will continue to organize a weekly food distribution with a diaper distribution once a month at LHA’s main facility (450 W. 4th Street, Santa Ana, CA, 92701). This location is central to the city and has ease of access through public transportation, although a majority of residents are from the 92701 Zip Code. The weekly distribution will accommodate a walk-thru and drive-thru format to make it accessible for Santa Ana communities without a car.

Activities:
● Outreach (Timeline: Ongoing, during the duration of the grant)—Occurring via door-to-door, in shopping centers and other community-based locations, through outreach, LHA Promotores are able to inform community members of the food distribution resource, as well as answer any questions or concerns (e.g. assure community members that LHA will not require legal immigration status, payment, or other requirement that may dissuade members of the community from utilizing this resource).

During the COVID-19 pandemic, LHA expanded its presence in neighborhoods that lack infrastructure to deploy services and successfully reached and trained community leaders to assist in building such infrastructure for communication and action. LHA will continue to leverage these networks to conduct ongoing outreach to promote the food distribution and to informally assess needs related to food insecurity in these neighborhoods. LHA will also disseminate information via social media channels on Facebook and Instagram to widen our reach.
● Food (and Diaper) Distribution Events—the food distribution begins at 12 noon with the first hour designed to accommodate walk-ins who do not have access to a car. From 2PM-4PM, the food distribution is set-up to accommodate distribution to individuals in vehicles. Registration occurs onsite for individuals attending the food distribution, and those who have previously attended other food distribution events are provided a voucher City Council 17 – 175 3/1/2022
Latino Health Access Weekly Food Distribution Program
RFP 22-009A REVIVE Santa Ana: Food Supply/Distribution Programs to “check-in” rather than complete the registration process. The food distribution process is open to all Santa Ana residents, regardless of citizenship.

LHA Promotores and volunteers set-up between 8AM-12 Noon in the parking lot of the LHA main facility, setting up different stations with fresh produce and other food staples.

Prior to entering the food distribution, participants are provided a basic COVID-19 screening. All food distribution events also require significant infrastructure to set-up in a physically-distanced manner and to ensure that all COVID-19 safety protocols are being followed. Individuals and families go through the different stations to pick up their food, minimizing waste by increasing choice. When boxes are pre-packaged, volunteers help to place food boxes into personal carts or carrying equipment brought by participants.

Participants who bring their vehicles are provided their food via no-contact methods to minimize risk of COVID-19 transmission.
● Diaper Distribution—LHA receives a monthly supply of diapers size 0-5 from the CAPOC Diaper Bank. The second Friday of the month, a diaper distribution assembly is incorporated into the weekly food distribution allowing low-income families with young children to access this additional resource. Each month, LHA provides an average of 5,000 diapers to benefit approximately 80 families and over 100 children.

2. Proposal shall include details of the target population Latino Health Access will prioritize food distribution for working-class, primarily Latinx individuals and families living in the 92701 Zip Codes. However, our food distribution is open to all Santa Ana residents and has had participation from diverse demographics, given the economic impact of the COVID-19 pandemic, which is still felt in working-class communities. Our participants live in households that are foreign-born (93%) and have household incomes of less than $30,000 (88%). In addition, educational attainment among parents in these households is significantly less than their counterparts in more affluent areas of the city. Often, participants are single mothers who also experience housing insecurity and a range of other social determinants of health, creating additional economic burden that increases food insecurity.

3. Proposals Should Include Details of Unmet Need
According to the OC Healthier Together Dashboard, Orange County has a food insecurity rate of

8.3%. Yet, marked by the darker green at the center of the map, Santa Ana Zip Codes (92701, 92703, 92707, 92704) experience food insecurity at higher rates (marked by a 5 on the food insecurity, index, the highest ranking, signaling the greatest food insecurity). Residents of these Zip Codes are working-class and were among the first affected by economic instability in the COVID-19 pandemic, the impact of which continues to limit families’ abilities to address the resulting social needs, including food insecurity. In
addition, some families may not qualify for
existing relief programs (e.g. SNAP) or do not have
access to enrollers who can also address their
questions related to immigration and SNAP
eligibility. Even if the COVID-19 pandemic ended
City Council 17 – 176 3/1/2022
Latino Health Access Weekly Food Distribution Program
RFP 22-009A REVIVE Santa Ana: Food Supply/Distribution Programs swiftly, addressing food insecurity that has been exacerbated during the pandemic will require additional support systems, including ongoing access to food supply for these families while simultaneously taking an approach to build systems change for the eradication of food insecurity over the long-term.

4. Proposal shall include details of collaborations with local organizations For its food distribution program, LHA collaborates with the following local entities:
● Second Harvest Food Bank and OC Food Bank—manage securing the food supply and other resources that are distributed at LHA. They arrange pick-up times and LHA staff manage the entirety of packaging, transportation, and distribution. ● Community Action Partnership of Orange Diaper Bank – LHA answered the call of the Diaper Bank at the onset of the COVID-19 pandemic to connect families in need to diapers, at a time when they and other partners had to pause direct services. The partnership has remained as there has been an ongoing need for diapers among the families served in the weekly food distribution. LHA receives approximately 6,000 diapers a month to distribute.
● Downtown Family Resource Center, Local Schools, and Churches –LHA has a network of partners that refer families to the food and diaper distribution event each week. Flyers are shared regularly along with other educational information on services and partners disseminate with their constituency. This allows us to reach more families throughout Santa Ana. Key partners include Downtown Family Resource Center housed at LHA, SAUSD FACE, and Scholarship Prep Academy.

5. Proposal shall include details of innovation in program/service delivery Latino Health Access programming combines evidence-based practices with community expertise to best meet the needs of our community while strengthening community assets and enhancing capacity. Over the last year, LHA has collaborated with public health researchers to understand the impact of the pandemic. In an article published in the Harvard Journal of Hispanic Policy , we find that our communities experienced the economic impact of the1 pandemic first, especially immigrant communities who remained civically disconnected from health and social systems due to structural exclusion. In a subsequent article published in Preventing Chronic Disease, a CDC-sponsored journal , we analyze data from LHA’s Emotional2 Wellness program pre and during the COVID-19 pandemic. Results show that while mental health/emotional wellness concerns do not disappear, there is a significant shift from our community toward seeking referrals and resources related to social needs, including those that will reduce increasing food insecurity. This research shows the interconnectedness of food insecurity, other social determinants of health, and overall mental health/emotional wellness of 2 Moon, K. J., Montiel, G. I., Cantero, P. J., & Nawaz, S. (2021). Peer Reviewed: Addressing Emotional Wellness During the COVID-19 Pandemic: the Role of Promotores in Delivering Integrated Mental Health Care and Social Services.

Preventing Chronic Disease, 18.
1 Montiel, G. I., Moon, K. J., Cantero, P. J., Pantoja, L., Ortiz, H. M., Arpero, S., .& Nawaz, S. (2021). Queremos Transformar Comunidades: Incorporating Civic Engagement as an Equity Strategy in Promotor-Led COVID-19 Response Efforts in Latinx Communities.

Harvard Journal of Hispanic Policy, 33, 79-102.

City Council 17 – 177 3/1/2022
Latino Health Access Weekly Food Distribution Program
RFP 22-009A REVIVE Santa Ana: Food Supply/Distribution Programs our communities. Lastly, in our most recent publication , we analyze the ways in which LHA3 promotores have worked at the center of direct services, community capacity-building and policy and systems change to improve our response to the COVID-19 pandemic and ensuing health and social needs.

Across these different peer-reviewed publications, we have worked with Promotores on the frontlines of the COVID-19 pandemic to highlight the following innovations in our model, which includes the work of mitigating food insecurity:
● Combination of direct services. LHA combines its food distribution with distribution of diapers, accessibility of information, among others. This limits the number of times that community needs to show up to our facility, which is most efficient given their limited availability. Our community is over-represented in low-wage essential services, which may not allow them to have time off to access multiple services if conducted on different days.
● Combination of direct services with long-term policy, systems, and environmental change. While provision of food distribution services will alleviate immediate need, LHA’s promotores also work with community members to understand data, to present data to relevant stakeholders, and to work collaboratively toward systems change that will address food insecurity as well as other social determinants of health. Throughout our food distribution program, LHA has also built community capacity to organize, to plan in accordance with safety protocols, and to innovate ways to expand food distribution to other neighborhoods (conducting pilots of neighborhood- and apartment complex-based distribution).

LHA provides the opportunity for individuals who live in the communities that are most impacted by inequities to partner with us to lead solutions.

SECTION 5: DATA COLLECTING, REPORTING AND COMPLIANCE
Data Collection and Evaluation Process measures will be collected for all activities and will include: the number of individuals reached and engaged throughout each activity in our food distribution work. Where possible, LHA will collect demographics and types of services each participant received. LHA will track on a monthly basis the reach of each service and when significant shifts occur, LHA will conduct informal interviews with community leaders to better understand how to pivot to meet the community’s emerging needs.

1. The proposal shall include details on how the organization will comply with the State and Local Fiscal Recovery Funds, Compliance and Reporting responsibilities for the following categories:
2: Negative Economic Impacts

2.1 Household Assistance: Food Programs
3 Montiel, G.I., Moon, K., Bracho, A., Mejia, N., Cantero., P.J., Arpero, S., Pantoja, L. & Nawaz, S. (2021). La equidad en tiempos de pandemia: a case study of promotores on the frontlines of COVID-19 response in Latinx communities in Orange County, California. Border-lines Journal.

City Council 17 – 178 3/1/2022
Latino Health Access Weekly Food Distribution Program
RFP 22-009A REVIVE Santa Ana: Food Supply/Distribution Programs By operating a weekly food distribution program and tracking services provided to working-class individuals in Santa Ana, Latino Health Access program staff and evaluation department is able to provide the required initial report that describes efforts to date to promote equity in the services to disproportionately impacted communities, as required by the Compliance and Reporting Guidance. Our program is intended to mitigate food insecurity in households within the City of Santa Ana and falls within the types of programs explicitly mentioned under the “Negative Economic Impacts” category. The guidelines also specify integrating strategies that advance racial equity. LHA’s focus on Latinx and immigrant populations advance this goal.

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.

Services proposed will primarily be implemented in
the 92701 Zip Code and in similar Zip Codes in the
City of Santa Ana, which include numerous QCTs.

We have intentionally selected these geographic areas
because they are those with the most social
vulnerabilities that provide a context for food
insecurity. The map shown (left) represents the
primary service area and is inclusive of the
geographic location of LHA’s two service sites. The
map shows the food insecurity index by Census Tract,
where central Santa Ana’s census tracts have higher
food insecurity than in surrounding areas.

2. The proposal shall include details on how the organization will comply with 2 CFR part 200 (Uniform Administrative Requirements)
Latino Health Access is experienced in managing public funds, including those that are granted by federal agencies. Fulfillment of the Uniform Administrative Requirements will be ensured by a team that includes the Chief Program Officer, the Program Coordinator, and the Director of Finance. LHA maintains an active System for Award Management account and has in place the appropriate policies and procedures to abide by the required fiscal guidelines and cost principles.

LHA will conduct the required federal awards audit in a timely manner and maintain current staff training to ensure compliance.

City Council 17 – 179 3/1/2022

EXHIBIT B
Latino Health Access
Program: Revive: Santa Ana Food Distribution Program
Funder: City of Santa Ana
Budget Period
Start Date: March 1, 2022
End Date: February 28, 2023
Base
Item Name Rate Salary FTE Budget Year 1
Payroll Expenses 170.00% $73,512.00 )
Food Bank Coordinator Rosalia Vargas $30.00 $62,400 ) 30.00% $18,720.00 ) Communications Associate Jasmin P $22.00 $60,000 ) 5.00% $3,000.00 ) Lead Promotor Gaby R $20.00 $41,600 ) 30.00% $12,480.00 ) Promotor - various $18.00 $37,440 ) 100.00% $37,440.00 ) Data Entry $18.00 $37,440 ) 5.00% $1,872.00 )
Fringe Benefits 23.75% $17,459.10)
FICA Expense 7.65% $5,623.67)
State Unemployment 1.10% $808.63)
Medical Insurance 12.00% $8,821.44)
Workers' Compensation 3.00% $2,205.36)
Program Expenses $8,400.00)
Office Supplies $800.00)
Printing/Photocopying $500.00)
Mileage $600.00)
Supplies $6,000.00)
Refreshments $500.00)
Indirect 10% $9,916.90)
TOTAL $109,288.00)
Latino Health Access has
various public contracts
and understands the time
gap between invoicing and
reimbursement of
expenditures. For nearly 30
years, LHA has been able
to fund such gaps through
its cash on hand, which
comes from a variety of
private foundation grants,
contributions, fundraising
event revenue, as well as
through its consulting
social enterprise. In
addition, LHA has a robust
finance and accounting
team to ensure that
invoices are promptly and
accurately submitted to
minimize additional delays.

Reimbursement Schedule
LHA 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 – 180 3/1/2022
https://mail.google.com/mail/u/0/?ik=cd1d853850&view=pt&search=all&permthid=thread-f%3A1724135465846143412&simpl=msg-f%3A1724135465… 1/2 Jess Salgado <[email protected]>
Fwd: Your DUNS Lookup Request for Latino Center For Prevention & Action In Health & Welfare
1 message
Iliana Coronado <[email protected]> Mon, Feb 7, 2022 at 11:53 AM To: Jess Salgado <[email protected]>
DUNS
Iliana Coronado
Director of Finance
Latino Health Access
450 West 4th Street, Ste 130

Santa Ana, CA 92701
(714)542-7792 Ext 1065
---------- Forwarded message ---------
From: Dun & Bradstreet <[email protected]>
Date: Mon, Feb 7, 2022 at 11:42 AM
Subject: Your DUNS Lookup Request for Latino Center For Prevention & Action In Health & Welfare To: <[email protected]>
Having trouble seeing this email? View it online
02/07/2022
Iliana Coronado,
The following is the Dun & Bradstreet D-U-N-S® number for Latino Center For Prevention & Action In Health & Welfare:

D-U-N-S number: 938164811
If this is YOUR COMPANY, take advantage of CreditBuilder™, our next generation credit building solution.

EXHIBIT C
City Council 17 – 181 3/1/2022
2/7/22, 2:04 PM Latino Health Access Mail - Fwd: Your DUNS Lookup Request for Latino Center For Prevention & Action In Health & Welfare https://mail.google.com/mail/u/0/?ik=cd1d853850&view=pt&search=all&permthid=thread-f%3A1724135465846143412&simpl=msg-f%3A1724135465… 2/2 With CreditBuilder you can:

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1250 Valley Brook Avenue, Suite 102 Lyndhurst, NJ 07071 City Council 17 – 182 3/1/2022
12/17/21, 10:15 AM SAM.gov | Entity
https://sam.gov/entity/938164811/coreData?status=active&emrKeyValue=2387626~1622751602592937 1/6 An o icial website of the United States government
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Entity Registration
Core
Data
Business Information
Entity T
ypes
Financial Information
Points of Contact
Assertions
Reps and Certs
Exclusions
Responsibility / Qualification

LA TINO CENTER FOR PREVENTION & ACTION IN HEAL TH & WELFARE DUNS Unique Entity ID
938164811
SAM Unique Entity ID
MU7ZHM6JV5T7

CAGE/NCA
GE
41NB1
Registration Status
Active
Expiration Date
Jun 3, 2022

City Council 17 – 183 3/1/2022
12/17/21, 10:15 AM SAM.gov | Entity
https://sam.gov/entity/938164811/coreData?status=active&emrKeyValue=2387626~1622751602592937 2/6 Purpose of Registration
Federal Assistance Awards Only
Physical Address
450 W 4TH ST STE 120
Santa Ana, California
92701-4562, United States
Mailing Address
450 W 4TH ST STE 130
Santa Ana, California
92701-4562, United States
*The DUNS number is currently the o icial Unique Entity ID Version
Current Record

BUSINESS INFORMATION
Doing Business As
Latino He
alth Access
URL
(blank)
State / Country of Incorporation
California, United States
Division Name
(blank)
Division Number
(blank)
Congressional District
California 46
Registration Dates
Activation Date
Jun 4, 2021
Submission Dat
e
Jun 3, 2021

City Council 17 – 184 3/1/2022
12/17/21, 10:15 AM SAM.gov | Entity
https://sam.gov/entity/938164811/coreData?status=active&emrKeyValue=2387626~1622751602592937 3/6 Initial Registration Date
Jul 1, 2005
Entity Dates
Entity Start Date
Jun 10, 1993
Fiscal Y
ear End Close Date
Dec 31
Immediate Owner
CAGE
(blank)
Le
gal Business Name
(blank)
Highest Level Owner
CAGE
(blank)
Le
gal Business Name
(blank)
Executive Compensation
Registrants in the System for Award Management (SAM) respond to the Executive Compensation questions in ac
cordance with Section 6202 of P .L. 110-252, amending the Federal Funding Accountability and Transparency Act (P .L. 109-282). This information is not displayed in SAM. It is sent to USAspending.gov for display in association with an eligible award. Maintaining an active registration in SAM demonstrates the registrant responded to the questions.

Proceedings Questions
Registrants in the System for Award Management (SAM) respond to proceedings questions in accordance with F
AR 52.209-7, FAR 52.209-9, or 2.C.F.R. 200 Appendix XII. Their responses are not displayed in SAM.

They are sent to FAPIIS.gov for display as applicable. Maintaining an active registration in SAM demonstrates the registrant responded to the proceedings questions.

SAM Search Authorization
I authorize my entity's non-sensitive information to be displayed in SAM public search results:

City Council 17 – 185 3/1/2022
12/17/21, 10:15 AM SAM.gov | Entity
https://sam.gov/entity/938164811/coreData?status=active&emrKeyValue=2387626~1622751602592937 4/6 Yes

ENTITY TYPES
Business Types
Entity Structure
Corpora
te Entity (Tax Exempt)
Organization Factors
(blank)
Entity Type
Business or Organization
Profit Structure
Non-Profit Organization

FINANCIAL INFORMATION
Accepts Credit Card Payments
Yes
Deb
t Subject To O set (What is this?)
No
Account Details
EFT Indicator
0000
CAGE Code
41NB1

POINTS OF CONTACT
Electronic Business
Gloria I Montiel, Ms.
450 W. 4TH Street
STE 130
Santa Ana, California 92701
United States

City Council 17 – 186 3/1/2022
12/17/21, 10:15 AM SAM.gov | Entity
https://sam.gov/entity/938164811/coreData?status=active&emrKeyValue=2387626~1622751602592937 5/6 Ginger Lee
450 W. 4TH Street
STE 130
Santa Ana, California 92701
United States
Government Business
America Bracho
450 W. 4TH Street
STE 130
Santa Ana, California 92701
United States
Ginger Lee
450 W. 4TH Street
STE 130
Santa Ana, California 92701
United States
Past Performance
America Bracho
450 W. 4TH Street
STE 130
Santa Ana, California 92701
United States
Iliana Coronado
450 W. 4TH Street
STE 130
Santa Ana, California 92701
United States
Our Wer bsite
Our Pr artners
Policies

City Council 17 – 187 3/1/2022
City Council 17 – 188 3/1/2022
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City Council 17 – 192 3/1/2022

EXHIBIT D
City Council 17 – 193 3/1/2022

EXHIBIT E
City Council 17 – 194 3/1/2022

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 Treasury 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 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 ree 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 -
City Council 17 – 195 3/1/2022
(1) Taki
ng 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 s
hall notify the U.S. Department of Treasury immediately upon the decision to use such additional sites by submitting a revised “Place
of Performance” form.

Organization
Authorized Signature Date
City Council 17 – 196 3/1/2022

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:

Plac
e of Performance (include street address, city, county, state, zip code for each site):

City Council 17 – 197 3/1/2022

AGREEMENT BETWEEN THE CITY OF SANTA ANA AND

ONEOC 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 OneOC, a California domestic nonprofit corporation (“CONTRACTOR”).

RECITALS:

A. The American Rescue Plan Act (“ARPA”) was signed into law in March 2021.

B. On July 20, 2021, the Santa Ana City Council authorized the City Manager to utilize ARPA SLFRF funding from the United States Department of Treasury for the Revive Santa Ana Spending Plan, which includes five spending categories:
recovery from the pandemic, direct assistance programs, public health and safety, critical infrastructure, and city fiscal health.

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 r eason for the CITY to recapture the grant funds awarded to CONTRACTOR pursuant to this Agreement.

City Council 17 – 198 3/1/2022

I. ARPA PROGRAM PROVISIONS

C. Amount of Grant Funding . The total amount of funds provided for said program shall not exceed ONE HUNDRED EIGHTY -EIGHT THOUSAND FIVE HUNDRED TWENTY-EIGHT dollars ($188,528) (“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, a nd 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.

City Council 17 – 199 3/1/2022

E. Grant Program Requirements.

(3) CONTRACTOR shall follow the process and determination of eligibility for participants in said program as outlined in Exhibit A.

F. Performance Monitoring.

(2) CITY will evaluate CONTRACTOR’s management and operation of said program with respect to the project expectations as described in Exhibit A.

(4) If action to correct any substandard performance is not taken by the CONTRACTOR within a rea sonable period after being notified by CITY, suspension or termination procedures may be initiated by CITY.

G. Audit.

I. Close-Out. CONTRACTOR agrees to comply with the closeout procedures detailed in 2 CFR §200.343, including the following:

(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.

City Council 17 – 202 3/1/2022