Agenda packet — Santa Ana City Council, May 3, 2022 (part 3 of 6)

CITY OF SANTA ANA

REQUEST FOR

PROPOSALSFOR

CUSTODIAL SERVICES
RFP NO.: 22-031

NON-COLLUSION AFFIDAVIT
(Title 23 United States Code Section 112
and Public Contract Code Section 7106)
To the CITY OF SANTA ANA PARKS, RECREATION AND COMMUNITY SERVICES AGENCY
In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.

Note: The above Non-collusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Non-collusion Affidavit. BIDDERS are cautioned that making a falsecertification may subject the certifier to criminal prosecution.

Firm Valley Maintenance Corp.

Signed and Printed Name:

Title Vice President
Date March 20, 2022

APPENDIX
ATTACHMENT 3-1: NON-COLLUSION AFFIDAVIT

CERTIFICATIONS
Exhibit 1
City Council 25 – 51 5/3/2022
City of Santa Ana RFP 22-031

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CITY OF SANTA ANA

REQUEST FOR

PROPOSALSFOR

CUSTODIAL SERVICES
RFP NO.: 22-031
The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge andbelief, that:

1. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person forinfluencing or attempting to influence an officer or employee of any federal agency, a Member ofCongress, an officer or employee of Congress, or an employee of a Member of Congressin 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 Congressin connection with this federal contract, grant loan, loan or cooperative agreement, the undersigned shall complete and submit a “Disclosure of Lobbying Activities”.

The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language ofthis certification be included in all lower tier subcontracts, which exceed $100,000 and that all such sub recipients shall certify and disclose accordingly.

Firm Valley Maintenance Corp.

Signed and Printed Name:

Title Vice President
Date March 20, 2022

APPENDIX
ATTACHMENT 3-2: NON-LOBBYING CERTIFICATION

CERTIFICATIONS
Exhibit 1
City Council 25 – 52 5/3/2022
City of Santa Ana RFP 22-031

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CITY OF SANTA ANA

REQUEST FOR

PROPOSALSFOR

CUSTODIAL SERVICES
RFP NO.: 22-031
The undersigned contractor or corporate officer, during the performance of this contract, certifies as follows:

1. The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following:
employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.

2. The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin.

3. The Contractor shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers’ representatives of the Contractor’s commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

4. The Contractor shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

5. The Contractor shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders.

6. In the event of the Contractor’s non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, oras otherwise provided by law.

APPENDIX
ATTACHMENT 3-3: NON-DISCRIMINATION CERTIFICATION

CERTIFICATIONS
Exhibit 1
City Council 25 – 53 5/3/2022
City of Santa Ana RFP 22-031

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7. The Contractor shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Contractor may request that the United States enter into such litigation to protect the interests of the United States.

8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, No discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any contractor of public works violating this Section is subjectto all the penalties imposed for a violation of the Chapter.

Vice President
Valley Maintenance Corp.

March 20, 2022
Signed:

Title:

Firm:

Date:

Exhibit 1
City Council 25 – 54 5/3/2022
City of Santa Ana RFP 22-031

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CITY OF SANTA ANA

REQUEST FOR

PROPOSALSFOR

CUSTODIAL SERVICES
RFP NO.: 22-031
Proposer understands that the Proposer will enter into an Agreement similar to that as shown in Attachment 2, in the Appendix of this RFP. If a Proposer is unwilling or unable to execute an Agreement within thirty (30) days after being notified of selection under this RFP, the City reserves the right to select the next most qualified Proposer or call for new Proposals, whichever the City deems most appropriate.

Proposer concurs to the statements in the sample agreement, with the exception of the following:

APPENDIX
ATTACHMENT 3-4: AGREEMENT STATEMENT

CERTIFICATION
Exhibit 1
City Council 25 – 55 5/3/2022
City of Santa Ana RFP 22-031

Page 8 ends

Firm
Valley Maintenance Corp.

Signed and Printed Name:

Title
Bruce M. Hwang Vice President
Date March 20, 2022

Exhibit 1
City Council 25 – 56 5/3/2022
City of Santa Ana RFP 22-031

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CITY OF SANTA ANA

REQUEST FOR PROPOSALS
RFP NO.: 22-031
List and describe fully the contracts performed by your firm which demonstrate your ability to provide the supplies, equipment or services included in the scope of the proposal specifications. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications.

Reference
Customer Name: City of Monterey Park Contact Individual: Chris Reyes Address: 320 W. Newmark Ave. Phone Number: 626-307-2506 Monterey Park, CA Facsimile Number: [email protected] Contract Amount: $ 336,000 / Annual Year: On going since Jan. 2016 Description of supplies, equipment, or services provided:

Provide custodial services for City owned facilities including Civic Center, Police Dept. & Community Centers Reference
Customer Name: City of Burbank Contact Individual: Michael Del Campo Address: 160 N. 3rd Street Burbank CA 91502 Phone Number:
818-236-5304
Facsimile Number: [email protected]
Contract Amount: $ 118, 200 / Annual Year: On going since July, 2020 Description of supplies, equipment, or services provided:

Provide daily janitorial services at 17 park restrooms through out the City Reference
Customer Name: Superior Court of San Bernardino Contact Individual: David Gonzales Address: 247 W. 3rd Street San Bernardino Phone Number: 909 705-8742 CA 92415 Facsimile Number: [email protected]
Contract Amount: $ 787,000 / Annual Year: On going since April, 2016 Description of supplies, equipment, or services provided:

Provide janitorial & day porter services at the San Bernardino Justice Center since April, 2016

APPENDIX
ATTACHMENT 3-5: REFERENCES
Exhibit 1
City Council 25 – 57 5/3/2022
City of Santa Ana RFP 22-031

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Exhibit 1
City Council 25 – 58 5/3/2022

APPENDIX
ATTACHMENT 3-6: QUALIFICATIONS

CITY OF SANTA ANA

REQUEST FOR PROPOSALS
RFP NO.: 17-031
Include this page as a cover for your response to this section. -(Max 3 pages plus resumes) Proposal shall include a profile of the firm’s experience. Include resumes of project team/sub-contractors that outline their technical and design experience. This should include the project manager/principal agent, associates in charge when project manager/principal agent is unavailable, key personnel, firm size, and an organization chart identifying only those who will perform work for the proposed project and the percentage of each individual’s time devoted to this project. The project manager/principal agent shall be the primary contact person to represent your firm.

Proposal shall include the number of proposed full-time equivalent personnel (FTE’s) by job class/function.

Proposal shall also include a listing of equipment and materials that will be used to complete the scope of work. -(Max 4 pages) Proposal shall include an outline, which demonstrates PROPOSER understands of the scope of work. This outline should include anticipated approach, tasks necessary for successful completion, and suggestions or special concerns for which the City should be made aware. -(Max 5 Pages) Proposal shall include a Scope of Services and Schedule which details the work phases to be completed, the tasks to be accomplished, the deliverables to be provided, and the schedule / timeline to complete the project, based upon the requested Scope of Work, detailed in Attachment 1, which is included in the Appendix of this RFP.
-(Max 1 Page) As this project will require adherence to a strict timeline, provide information on your current workload and how you would accommodate this project.

Exhibit 1
City Council 25 – 59 5/3/2022
City of Santa Ana RFP 22-031

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CITY OF SANTA ANA

REQUEST FOR PROPOSALS
RFP NO.: 22-031
Certification - I certify that I have read, understand and agree to the terms and conditions of this Request for Proposals. I have examined the Scope of Services and am familiar with the scope of work locations. I am familiar with all the existing conditions and limitation that may affect work requests. I understand and agree that I am responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal.

Proposal Item Price - Provide costs for Custodial Services. Fee must be inclusive of all costs, including but not limited to, direct and indirect costs for labor, overhead, incidental supplies, travel, mileage, and fuel. The proposer warrants that the prices, terms and conditioned quoted will be valid for a period of 120 days from the date the proposal is due, in order to allow time to award an agreement. *****Round off Amounts to $5*****
The City reserves the right to delete one or more sites from this contract with 30 days written notice.

A. PARK RESTROOM MAINTENANCE SERVICES
District 1 Address Cost/Yr.

Campesino
3311 W. 5th St. $ 8,448.00
Edna
2140 W. Edna Dr. $ 8,448.00
El Salvador
1825 W. Civic Center Dr. $ 8,448.00
Riverview
1823 W. 19th St. $ 8,448.00
Rosita
706 N. Newhope St. $ 8,448.00
District 2
Angels
914 W. 3rd St. $ 8,448.00
Cabrillo
1820 E. Fruit St. $ 8,448.00
Fisher Restroom and Cabin
2501 N. Flower St. $ 16,896.00
Logan/Chepa’s
1009 N. Custer St. $ 8,448.00
Portola
1750 E. Santa Clara Ave. $ 8,448.00
Santiago RR “A” & “B” and Cabin
510 E. Memory Lane $ 15,840.00
Willard Intermediate
N. Parton St./15th St. $ 4,620.00
District 3
Delhi
2314 S. Halladay St. $ 10,368.00
Madison
1434 S. Standard Ave. $ 10,368.00
Memorial
2102 S. Flower St. $ 10,368.00
Pacific Electric
401 E. McFadden Ave. $ 10,368.00
Sandpointe
3700 S. Birch St. $ 10,368.00

APPENDIX
ATTACHMENT 3-7: FEE PROPOSAL
Exhibit 1
City Council 25 – 60 5/3/2022
City of Santa Ana RFP 22-031

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District 4
Adams
2101 W. Warner Ave. $ 10,368.00
Centennial “A”, “B”, “C”
3000 W. Edinger Ave. $ 28,800.00
Centennial HGHS
3000 W. Edinger Ave. $ 10,368.00
DYSC “A”, “B” includes locker room and
restrooms
3000 W. Edinger Ave. $ 27,360.00
Heritage
4812 W. Camille St. $ 10,368.00
Jerome
2101 W. Mcfadden St. $ 10,368.00
Santa Anita
300 S. Figueroa St. $ 10,368.00
Thornton
1801 W. Segerstrom Ave. $ 15,168.00
Windsor
2915 W. La Verne Ave. $ 10,368.00
Total $ 298,764.00
B. PARK BUILDING MAINTENANCE SERVICES
Address Cost/Yr.

District 1
Rosita-Salgado Center, Pool and Gym 706 N. Newhope St. $ 17,064.00 District 2
Logan Center 1009 N. Custer St. $ 5,220.00
Santiago Nature Center 510 E. Memory Lane $ 5,040.00
Santiago Lawn Bowling Center-Both Levels 510 E. Memory Lane $ 5,640.00 Garfield Community Center 501 N. Lacy Avenue $ 8,160.00 Roosevelt/Walker Community Center 816 E. Chestnut Avenue $ 28,200.00 Stadium-Press Box/West & East Restrooms/West
& East Concession Bldg/Locker Rooms
602 N. Flower Street $ 33,720.00
District 3
Memorial Center and Pool 2102 S. Flower St. $ 10,800.00 Sandpointe 3700 S. Birch St. $ 2,400.00
Santa Ana Zoo Restroom
1801 E. Chestnut Ave. $ 5,640.00
District 4
Centennial Office-Offices, Restrooms, Training
Rooms
Centennial Road $ 9,000.00
Total $ 130,884.00
Exhibit 1
City Council 25 – 61 5/3/2022
City of Santa Ana RFP 22-031

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APPENDIX
ATTACHMENT 4: ADDITIONAL PROVISIONS

1. TERM
This Agreement shall commence on June 1, 2022 through May 31, 2026 at the same fee structure identified in Attachment 3-7 Fee Schedule, exercisable by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15 of the agreement.

2. Facility Information-The square footage information are estimates and it is the responsibility of the contractor to verify the information.

Park Address Square Footage Service Frequency
per Week
District 1
Rosita-Salgado Center 706 N. Newhope St. 8075 7
Rosita-Salgado Pool 706 N. Newhope St. 300 1
Rosita-Salgado Gym 706 N. Newhope St. 9792 7
District 2
Logan Center 1009 N. Custer St. 1575 7
Santiago Nature Center 510 E. Memory Lane 3215 7
Santiago Lawn Bowling
Center-Both Levels 510 E. Memory Lane 3400 3
Garfield Community
Center 501 N. Lacy Avenue 5360 7
Roosevelt/Walker
Community Center
816 E. Chestnut Avenue 10000 7
Stadium 602 N. Flower Street 12000 7
District 3
Memorial Center/Pool 2102 S. Flower St. 8885 7
Sandpointe 3700 S. Birch St. 700 1
Santa Ana Zoo 1801 E. Chestnut Ave. 3 restrooms 7
District 4
Centennial Office/Res
Office Centennial Road 5075 5
Centennial Restrooms Centennial Road 560 1
Centennial 2 SAPD
Training Rms Centennial Road 2300 1
Exhibit 1
City Council 25 – 63 5/3/2022

EXHIBIT C
Exhibit 1
City Council 25 – 64 5/3/2022
City of Santa Ana RFP 22-031

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CITY OF SANTA ANA

A. PARK RESTROOM MAINTENANCE SERVICES
District 1 Address Cost/Yr.

APPENDIX
ATTACHMENT 3-7: FEE PROPOSAL
Exhibit 1
City Council 25 – 65 5/3/2022
City of Santa Ana RFP 22-031

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C. Add-On Services Cost
1 Price By Square Foot Per Month – Park Restroom Maintenance $ 1.60 1 Price By Square Foot Per Month – Park Building Maintenance $ 0.12 2 Price By Square Foot Per Month – Gym Maintenance $ 0.08 3 Price By Square Foot Per Job – Pressure Wash Exterior Surfaces i.e. Walls, Roofs, Entrances, Areas Around Buildings/Restrooms, Stadium Bleachers, Etc.
$ 0.25
Bruce M. Hwang Vice President
Printed Name of Authorized Agent Title
March 20, 2022
Signature of Authorized Agent Date
Exhibit 1
City Council 25 – 67 5/3/2022
Parks, Recreation, and Community Services
www.santa-ana.org/parks
Item # 26
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
May 3, 2022
TOPIC: Amend the Revive Santa Ana Spending Plan and Approve Agreements with Various Non-Profit Organizations to Provide Youth Services under the Revive Santa Ana Program
AGENDA TITLE:

Amend the Revive Santa Ana Spending Plan and Approve Agreements with Various NonProfit Organizations to Provide Youth Services under the Revive Santa Ana Program (Revive Santa Ana Program)

RECOMMENDED ACTION

1. Approve an amendment to the Revive Santa Ana spending plan to increase the amount for Youth Violence Prevention by $404,375 for a total $904,375, decrease the amount for Early Childhood Support & Head Start & Child/Day Care by $409,979 for a total $590,021, decrease the amount for After-School/Youth Sports Programs by $32,828 for a total $467,172 and approve an amount of $38,432 to administer the agreements, the total of all services and administration is $2,000,000.

2. Approve an agreement with ALBI (Active Learning Believe & Inspire) to provide youth services (Youth Violence Prevention) under the Revive Santa Ana Program for an amount not to exceed $47,869 for the period July 1, 2022 through June 30, 2023, subject to non-substantive changes approved by the City Manager and City Attorney.

3. Approve an agreement with America On Track to provide youth services (Youth Violence Prevention) under the Revive Santa Ana Program for an amount not to exceed $125,000 for the period July 1, 2022 through June 30, 2023, subject to nonsubstantive changes approved by the City Manager and City Attorney.

4. Approve an agreement with Backhausdance to provide youth services (AfterSchool/Youth Sports) under the Revive Santa Ana Program for an amount not to exceed $30,000 for the period July 1, 2022 through June 30, 2023, subject to nonsubstantive changes approved by the City Manager and City Attorney.

5. Approve an agreement with Community Action Partnership of Orange County to provide youth services (After-School/Youth Sports) under the Revive Santa Ana Program for an amount not to exceed $65,000 for the period July 1, 2022 through City Council 26 – 1 5/3/2022
Approve Agreements with Various Non-Profit Organizations to Provide Youth Services under the Revive Santa Ana Program
May 3, 2022

Page 2 ends

June 30, 2023, subject to non-substantive changes approved by the City Manager and City Attorney.

6. Approve an agreement with Delhi Center to provide youth services (Youth Violence Prevention) under the Revive Santa Ana Program for an amount not to exceed $123,930 for the period July 1, 2022 through June 30, 2023, subject to nonsubstantive changes approved by the City Manager and City Attorney.

7. Approve an agreement with Discovery Science Center of Orange County to provide youth services (Early Childhood Support & Head Start & Child/Day Care) under the Revive Santa Ana Program for an amount not to exceed $90,028 for the period July 1, 2022 through June 30, 2023, subject to non-substantive changes approved by the City Manager and City Attorney.

8. Approve an agreement with KidWorks Community Development Corporation to provide youth services (Early Childhood Support & Head Start & Child/Day Care) under the Revive Santa Ana Program for an amount not to exceed $125,000 for the period July 1, 2022 through June 30, 2023, subject to non-substantive changes approved by the City Manager and City Attorney.

9. Approve an agreement with Kidworks Community Development Corporation to provide youth services (After-School/Youth Sports) under the Revive Santa Ana Program for an amount not to exceed $125,000 for the period July 1, 2022 through June 30, 2023, subject to non-substantive changes approved by the City Manager and City Attorney.

10.Approve an agreement with Latino Health Access to provide youth services (Youth Violence Prevention) under the Revive Santa Ana Program for an amount not to exceed $125,000 for the period July 1, 2022 through June 30, 2023, subject to nonsubstantive changes approved by the City Manager and City Attorney.

11.Approve an agreement with Nati’s House to provide youth services (AfterSchool/Youth Sports) under the Revive Santa Ana Program for an amount not to exceed $122,172 for the period July 1, 2022 through June 30, 2023, subject to nonsubstantive changes approved by the City Manager and City Attorney.

12.Approve an agreement with Nati’s House to provide youth services (Youth Violence Prevention) under the Revive Santa Ana Program for an amount not to exceed $113,183 for the period July 1, 2022 through June 30, 2023, subject to nonsubstantive changes approved by the City Manager and City Attorney.

13.Approve an agreement with Orange County Children Therapeutic Arts Center to provide youth services (Youth Violence Prevention) under the Revive Santa Ana City Council 26 – 2 5/3/2022
Approve Agreements with Various Non-Profit Organizations to Provide Youth Services under the Revive Santa Ana Program
May 3, 2022

Page 3 ends

Program for an amount not-to-exceed $124,998 for the period July 1, 2022 through June 30, 2023, subject to non-substantive changes approved by the City Manager and City Attorney.

14.Approve an agreement with Orange County Children Therapeutic Arts Center to provide youth services (Early Childhood Support & Head Start & Child/Day Care) under the Revive Santa Ana Program for an amount not to exceed $124,998 for the period July 1, 2022 through June 30, 2023, subject to non-substantive changes approved by the City Manager and City Attorney.

15.Approve an agreement with Orange County Bar Foundation to provide youth services (Youth Violence Prevention) under the Revive Santa Ana Program for an amount not to exceed $125,000 for the period July 1, 2022 through June 30, 2023, subject to nonsubstantive changes approved by the City Manager and City Attorney.

16.Approve an agreement with Padres Unidos to provide youth services (Early Childhood Support & Head Start & Child/Day Care) under the Revive Santa Ana Program for an amount not to exceed $124,995 for the period July 1, 2022 through June 30, 2023, subject to non-substantive changes approved by the City Manager and City Attorney.

17.Approve an agreement with Padres Unidos to provide youth services (Youth Violence Prevention) under the Revive Santa Ana Program for an amount not to exceed $119,395 for the period July 1, 2022 through June 30, 2023, subject to nonsubstantive changes approved by the City Manager and City Attorney.

18.Approve an agreement with The Cambodian Family to provide youth services (AfterSchool/Youth Sports) under the Revive Santa Ana Program for an amount not to exceed $125,000 for the period July 1, 2022 through June 30, 2023, subject to nonsubstantive changes approved by the City Manager and City Attorney.

19.Approve an agreement with Think Together to provide youth services (Early Childhood Support & Head Start & Child/Day Care) under the Revive Santa Ana Program for an amount not to exceed $125,000 for the period July 1, 2022 through June 30, 2023, subject to non-substantive changes approved by the City Manager and City Attorney.

DISCUSSION
On July 6, 2021 the City Council approved the Revive Santa Ana Spending Plan. The spending plan includes five expenditure categories:
 Recovery from the Pandemic:
o Public Health Equity, expansion of critical communication methods, sanitization, emergency response, mental health recovery, and a COVID19 memorial, support services for COVID-19 response  Direct Assistance Programs:

City Council 26 – 3 5/3/2022
Approve Agreements with Various Non-Profit Organizations to Provide Youth Services under the Revive Santa Ana Program
May 3, 2022

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o Rental assistance, housing vouchers, food supply/distribution, business and non-profit assistance, early childhood support, daycare and head start, after-school programs, youth violence, sexual assault intervention, technology skill courses, direct resident assistance
 Public Health and Safety:
o 5k Run, additional green/open space, healthy food access, property compliance programs, rapid response homeless services, park restrooms, increased security for parks and community centers, First Street safety enhancements
 Critical Infrastructure:
o Broadband access, community center renovations, transformation of Central Library to support early childhood learning, expansion of library accessibility, IT and process upgrades, streetlights, storm drain gates, parking structure improvements
 City Fiscal Health:

O Legal support services, contract management, unemployment fund / paid leave reimbursement, accounting and compliance for federal funding, reserve for revenue loss allocation
On October 18, 2021, the Parks, Recreation and Community Services Agency (PRCSA) released a Request for Proposals (RFP) to solicit non-profit organizations to submit proposals for youth services for the following categories, which fall under Direct Assistance Programs noted above.
 Early Childhood Support & Head Start & Child/Day Care  After-School/Youth Sports
 Youth Violence Prevention
An evaluation committee reviewed and rated the proposals according to the criteria listed in the RFP, which includes Statement of Qualification, Scope of Work, Data Collection, Reporting and Compliance, and Budget.

The City received 24 proposals, from 19 organizations with a total request of $4,882,467.

After the proposals were scored, four proposals did not meet the minimum threshold to proceed in the evaluation process. A follow up questionnaire was provided by the organizations of the remaining 20 proposals. The evaluation committee is recommending awarding agreements to 18 proposals, from 14 organizations The total request of the recommended proposals was $3,794,571 for a two-year program.

The Revive Spending Plan identified $2,000,000 for these services. Therefore, to meet this limit, the evaluation committee recommends funding for a one-year program instead of a two-year program as originally requested in the RFP. Additionally, the requests for Youth Violence Prevention exceed the amount specified in the spending plan. Therefore, the City Council 26 – 4 5/3/2022
Approve Agreements with Various Non-Profit Organizations to Provide Youth Services under the Revive Santa Ana Program
May 3, 2022

Page 5 ends

evaluation committee recommends amending the spending plan to align with the recommended amounts for each category.

ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.

FISCAL IMPACT
Funds are budget and available in the following account and will be carried forward for the specified year
Fiscal
Year
Accounting UnitAccount #Fund
Description
Accounting Unit,
Account Description
Amount
FY 22-23 18113013-69135 ARPA Fund ARPA-PRCSA,
Payment to Subagents
1,961,568
FY 22-23 18113013-61xxx ARPA Fund ARPA-PRCSA,
Salaries & Benefits
38,432

EXHIBIT(S)

1. Agreements (18)
Submitted By: Lisa Rudloff, Executive Dir. of Parks, Recreation and Community Services
Approved By: Kristine Ridge, City Manager
City Council 26 – 5 5/3/2022
1 AGREEMENT BETWEEN THE CITY OF SANTA ANA AND

ALBI (ACTIVE LEARNING BELIEVE & INSPIRE) FOR USE OF

AMERICAN RESCUE PLAN ACT (ARPA) FUNDS
This Agreement is hereby made and entered into this 3rd day of May, 2022, by and between the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“CITY”), and ALBI (Active Learning Believe & Inspire), a California domestic nonprofit corporation (“SUBRECIPIENT” or “CONTRACTOR”).

RECITALS:

A. The American Rescue Plan Act (“ARPA”) was signed into law in March 2021. ARPA provides funding for a number of different programs, including the Coronavirus State and Local Fiscal Recovery Fund (“SLFRF”), to provide monetary support to local governments to respond to, mitigate, and recover from the COVID-19 public health emergency.

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

C. SUBRECIPIENT has been selected by the CITY to receive ARPA SLFRF Funds in order to provide youth programs, including: early childhood support; head start; day care; after school tutoring; athletic; and, youth violence prevention, in accordance with the Scope of Work attached hereto as Exhibit A and incorporated herein by reference (“said program”).

SUBRECIPIENT represents that it is qualified and willing to operate said program and certifies that the administration of said program carried out with funds provided under this Agreement will meet ARPA’s objectives to respond to, mitigate, and recover from this historic COVID-19 public health crisis.

D. SUBRECIPIENT agrees that it will adhere to the tasks and services as indicated in Exhibit A for said program. Failure to follow the requirements and meet the stated expectations may constitute breach of contract that could result in termination of this Agreement or serve as reason for the CITY to recapture the grant funds awarded to SUBRECIPIENT pursuant to this Agreement.

WHEREFORE, it is agreed by and between the parties that the foregoing Recitals are a substantive part of this Agreement and the following terms and conditions are approved and together with all exhibits and attachments hereto, shall constitute the entire Agreement between the CITY and SUBRECIPIENT:

I. ARPA PROGRAM PROVISIONS
A. Scope of Work. SUBRECIPIENT shall be responsible for the specific tasks and services of said program, and agrees to administer said program in compliance with the tasks and services as described in the Scope of Work attached hereto as Exhibit A. SUBRECIPIENT’s failure City Council 26 – 6 5/3/2022
2 to perform as required may, in addition to other remedies set forth in this Agreement, result in readjustment of the amount of funds for said program or termination of this Agreement.

B. Term of Agreement. The term of said Agreement shall commence on July 1st, 2022, and continue through June 30, 2023 (“Term”), unless terminated earlier pursuant to the terms of this Agreement. This Agreement shall also cover any and all services provided by the SUBRECIPIENT to the CITY since the date the ARPA 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 Forty-Seven Thousand Eight Hundred Sixty-Nine Dollars and Zero Cents ($47,869) (“ARPA SLFRF Funds”) during the Term of the Agreement. SUBRECIPIENT 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 SUBRECIPIENT pursuant to the terms found in the Fee Payment Schedule attached hereto as Exhibit B, with payments subject to the submittal of invoices and other reporting requirements, as hereinafter more fully set forth. SUBRECIPIENT shall be obligated to perform such duties as would normally extend beyond the term, including, but not limited to, obligations with respect to indemnification, audits, reporting, data retention/reporting, and accounting. Failure to provide any of the required documentation and reporting will cause CITY to withhold all or a portion of a request for ARPA SLFRF Funds, or return the entire request to SUBRECIPIENT, until such documentation and reporting has been received and approved by CITY. (1) Reduction in ARPA SLFRF Funding. The CITY reserves the right to reduce the amount of ARPA SLFRF Funds to SUBRECIPIENT, 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 SUBRECIPIENT’s rate of expenditure will result in unspent funds at the end of the program term. Amendments in the grant allocation will be made after consultation with SUBRECIPIENT. (3) Reversion of Assets. SUBRECIPIENT agrees that any and all funds received under this Agreement shall be utilized during the Term of this Agreement, and that any and all funds remaining as of the end of the Term, which have not been utilized, shall be returned by SUBRECIPIENT to the CITY within thirty (30) days of the expiration or earlier termination of the Agreement. No expense of SUBRECIPIENT will be reimbursed by CITY if incurred after the end of the Term of the Agreement.

City Council 26 – 7 5/3/2022
3 E. Grant Program Requirements.
(1) SUBRECIPIENT acknowledges that the source of funding for said program is the federal ARPA, and that payments from the ARPA SLFRF Funds are only to be used to make necessary expenditures incurred due to the public health emergency with respect to COVID-19. (2) SUBRECIPIENT acknowledges that ARPA provisions allow the use of ARPA 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) SUBRECIPIENT shall follow the process and determination of eligibility for participants in said program as outlined in Exhibit A.

F. Performance Monitoring.
(1) SUBRECIPIENT shall submit program performance information as often as requested by CITY, but no less than the submission of monthly reports and a final report to CITY with the information requested by and in the format acceptable to CITY. Each monthly report is due within thirty (30) days of completion of work for each month. The final report is due within thirty (30) days after the termination or expiration of this Agreement. (2) CITY will evaluate SUBRECIPIENT’s management and operation of said program with respect to the project expectations as described in Exhibit A. (3) CITY will review the audit of the SUBRECIPIENT to ensure that grant funds are used for authorized purposes in compliance with laws, regulations, and the provisions of contracts or grant agreements under this Agreement, including attachments and exhibits. (4) If action to correct any substandard performance is not taken by the SUBRECIPIENT within a reasonable period after being notified by CITY, suspension or termination procedures may be initiated by CITY.
(5) All performance shall be subject to review by the CITY or other regulatory agencies at all times. SUBRECIPIENT shall provide adequate cooperation to any inspector or other CITY representative to permit the same to determine SUBRECIPIENT’s conformity with the terms of this Agreement. If any services performed by SUBRECIPIENT are not in conformance with the terms of this Agreement, the CITY shall have the right to require SUBRECIPIENT to perform the services in conformance with the terms of the Agreement at no additional cost. The CITY may also terminate this Agreement for default and charge SUBRECIPIENT for any costs incurred by the CITY because of SUBRECIPIENT’s failure to perform.
(6) SUBRECIPIENT shall establish adequate procedures for self-monitoring and quality control and assurance to ensure proper performance under this Agreement; and shall permit a CITY representative or other regulatory official to monitor, assess, or evaluate SUBRECIPIENT’s performance under this Agreement at any time, upon reasonable notice to SUBRECIPIENT.

City Council 26 – 8 5/3/2022
4 G. Audit.
(1) SUBRECIPIENT shall maintain complete and accurate records and supporting documentation to facilitate financial and/or program audits by CITY. This requirement shall apply to any records and documentation CITY shall reasonably require or as required to be maintained pursuant to the ARPA regulations.
(2) The books and accounts, files, and other records of SUBRECIPIENT, which are applicable to this Agreement, shall be available for inspection, review, and audit during normal business hours by CITY to determine the proper application and use of all ARPA SLFRF Funds provided to or for the account or benefit of SUBRECIPIENT. (3) SUBRECIPIENT assumes responsibility for reimbursement to CITY a sum of money equivalent to the amount of any expenditures disallowed should the CITY, or an authorized agency, rule through audit, exception, or some other appropriate means, that expenditures from funds allocated to SUBRECIPIENT for direct and/or administrative costs were not made in compliance with the applicable cost principles, regulations, or the provisions of this Agreement. (4) SUBRECIPIENT agrees to comply with the requirements of OMB Uniform Guidance 2 CFR Part 200. SUBRECIPIENT further agrees to provide CITY with a copy of completed independent auditors’ report within thirty (30) days of CITY’s request for such report. If the report contains instances of non-compliance with federal laws and regulations that bear directly on the performance or administration of this Agreement, SUBRECIPIENT shall provide CITY copies of responses to auditors’ reports, a plan for corrective action, and auditors’ response that the noncompliance has been resolved. All reports prepared in accord with the requirements of OMB Uniform Guidance 2 CFR Part 200 shall be available for inspection by representatives of CITY or the federal government during normal business hours.
(5) All accounting records, reports, and evidence pertaining to all costs, expenses and the ARPA SLFRF Funds of SUBRECIPIENT and all documents related to this Agreement shall be maintained and kept available at SUBRECIPIENT’S office or place of business for the duration of the Agreement and thereafter for five (5) years from the date of final payment under this Agreement. Records which relate to: (a) complaints, claims, administrative proceedings or litigation arising out of the performance of this Agreement; or, (b) costs and expenses of this Agreement to which CITY or any other governmental agency takes exception, shall be retained beyond the five (5) years until complete resolution or disposition of such appeals, litigation claims, or exceptions. In the event SUBRECIPIENT does not make the above-referenced documents available within the City of Santa Ana, California, SUBRECIPIENT agrees to pay all necessary and reasonable expenses incurred by CITY in conducting any audit at the location where said records and books of account are maintained.

H. Ownership/Use of Materials. SUBRECIPIENT agrees that all materials, reports or products in any form, including electronic, created by SUBRECIPIENT for which SUBRECIPIENT has been compensated pursuant to this Agreement shall be the sole property of the CITY. The material, reports, or products may be used by the CITY for any purpose that the CITY deems to be appropriate, including, but not limit to, duplication and/or distribution within City Council 26 – 9 5/3/2022
5 the CITY or to third parties. SUBRECIPIENT agrees not to release or circulate in whole or part such materials, reports, or products without prior written authorization of the CITY.

I. Close-Out. SUBRECIPIENT agrees to comply with the closeout procedures detailed in 2 CFR §200.343, including the following:
(1) SUBRECIPIENT must submit, no later than ninety (90) calendar days after the end date of the period of performance, all financial, performance, and other reports as required by the terms and conditions of this Agreement;
(2) SUBRECIPIENT must promptly refund any balances of unobligated cash that the CITY paid in advance or paid and that is not authorized to be retained by SUBRECIPIENT for use in other projects (See OMB Circular A-129 and 2 CFR §200.345); and, (3) CITY should complete all closeout actions for the Federal award no later than one year after receipt and acceptance of all required final reports.

II. SUBRECIPIENT’S OBLIGATIONS
A. Representations and Warranties.
(1) Authority. SUBRECIPIENT is a duly organized and existing domestic nonprofit corporation in good standing and authorized to do business under the laws of the State of California. SUBRECIPIENT has full right, power and lawful authority to accept the funding hereunder and to undertake all obligations as provided herein and the execution, performance and delivery of this Agreement by SUBRECIPIENT has been fully authorized by all requisite actions on the part of SUBRECIPIENT.
(2) Experience. SUBRECIPIENT is qualified to provide the administrator services for said program detailed herein.
(3) Familiarity With Services Required. By executing this Agreement, SUBRECIPIENT warrants that: (i) it has thoroughly investigated and considered the administrator services to be performed and provided for said program as detailed in Exhibit A; (ii) it has carefully considered how the services should be performed; and, (iii) it fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. (4) No Conflict. To the best of SUBRECIPIENT’S knowledge, SUBRECIPIENT’S execution, delivery and performance of its obligations under this Agreement will not constitute a default or a breach under any contract, agreement or order to which SUBRECIPIENT is a party or by which it is bound.
(5) No Bankruptcy. SUBRECIPIENT is not the subject of any current or threatened bankruptcy proceeding.

City Council 26 – 10 5/3/2022
6 (6) No Pending Legal Proceedings. SUBRECIPIENT is not the subject of a current or threatened litigation that would or may materially affect SUBRECIPIENT’S performance under this Agreement.
(7) Proposal Veracity. All provisions of and information provided in SUBRECIPIENT’s proposal submitted to CITY, including any exhibits, are true and correct in all material respects.
(8) No Pending Investigation. SUBRECIPIENT has no knowledge that it is the subject of any current or threatened criminal or civil action investigation by any public agency, including without limitation a police agency or prosecuting authority, which would relate to or affect performance of the Agreement or provision of services hereunder.

B. Licensing. SUBRECIPIENT agrees to obtain and maintain all required licenses, registrations, accreditation and inspections from all agencies governing its operations.

SUBRECIPIENT shall ensure that its staff shall also obtain and maintain all required licenses, registrations, accreditation and inspections from all agencies governing SUBRECIPIENT's operations hereunder. Such licensing requirements include obtaining a City business license, as applicable.

C. Zoning. SUBRECIPIENT agrees that any facility/property used in furtherance of said program shall be specifically zoned and permitted for such use(s) and activities. Should SUBRECIPIENT fail to have the required land entitlement and/or permits, thus violating any local, state or federal rules and regulations relating thereto, SUBRECIPIENT shall immediately make goodfaith efforts to gain compliance with local, state or federal rules and regulations following written notification of said violation(s) from the CITY or other authorized citing agency. SUBRECIPIENT shall notify CITY immediately of any pending violations. Failure to notify CITY of pending violations, or to remedy such known violation(s) shall result in termination of grant funding hereunder. SUBRECIPIENT must make all corrections required to bring the facility/property into compliance with the law within sixty (60) days of notification of the violation(s); failure to gain compliance within such time shall result in termination of grant funding hereunder.

D. Separation of Accounts. All funds received by SUBRECIPIENT from CITY pursuant to this Agreement shall be maintained in an account in a federally insured banking or savings and loan institution with record keeping of such accounts maintained pursuant to applicable 2 CFR 200.302 requirements. SUBRECIPIENT is not required to maintain separate depository accounts for ARPA SLFRF Funds; provided however, the SUBRECIPIENT must be able to account for receipt, obligation, distribution and expenditure of ARPA SLFRF Funds pursuant to applicable 2 CFR 200.302 requirements.

E. Audit Report Requirements. SUBRECIPIENT agrees that if SUBRECIPIENT expends Seven Hundred Fifty Thousand Dollars ($750,000) or more in federal funds, SUBRECIPIENT shall have an annual audit conducted by a certified public accountant in accordance with the standards as set forth and published by the United States Office of Management and Budget.

SUBRECIPIENT shall provide CITY with a copy of said audit by April 1 of the year following the program year in which this Agreement is executed.

City Council 26 – 11 5/3/2022
7 F. Compliance with Law/Program Income. SUBRECIPIENT acknowledges that the funds being provided by CITY for said program are received by CITY pursuant to ARPA, and that distribution and expenditure of these ARPA 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 SUBRECIPIENT shall be returned to CITY, unless otherwise provided for in this Agreement.

SUBRECIPIENT agrees to comply fully with all federal, state and local laws and court orders applicable to its operation and administration of said program, whether or not referred to in this Agreement.

G. Debarment. To protect the public interest and ensure the integrity of Federal programs, CITY may only conduct business with responsible persons and may not make any award or permit any award to any party which is debarred or suspended or is otherwise excluded from or ineligible for participation in Federal assistance programs under Executive Order 12549, “Debarment and Suspension”. See also 24 CFR 570.609. SUBRECIPIENT must review and sign Exhibit D “Debarment”, which is attached hereto and incorporated herein by this reference.

SUBRECIPIENT shall be in good standing, without suspension by the California Secretary of State, Franchise Tax Board or Internal Revenue Service. Any change in the corporate status or suspension of SUBRECIPIENT shall be reported immediately to CITY.

H. Confidentiality. Without prejudice to any other provisions of this Agreement, SUBRECIPIENT shall, where applicable, maintain the confidential nature of information provided to it concerning participants in accordance with the requirements of federal and state law. However, SUBRECIPIENT shall submit to CITY or its representatives, all records requested, including audit, examinations, monitoring and verifications of reports submitted by SUBRECIPIENT, costs incurred and services rendered hereunder.

I. Independent Contractor. SUBRECIPIENT agrees that the performance of obligations hereunder is rendered in its capacity as an independent contractor and that it is in no way an agent of CITY.

J. Violation of Terms and Conditions. SUBRECIPIENT agrees that if SUBRECIPIENT violates any of the terms and conditions of this Agreement or any prior Agreement whereby ARPA SLFRF Funds were received by SUBRECIPIENT, or if SUBRECIPIENT reports inaccurately, or if on audit there is a disallowance of certain expenditures, SUBRECIPIENT agrees to remedy the acts or omissions causing the disallowance and repay CITY all amounts spent in violation thereof. If SUBRECIPIENT engaged in fraudulent activity to obtain and/or justify distribution or expenditure of the ARPA SLFRF Funds granted hereunder, SUBRECIPIENT shall be required to reimburse the CITY of all such funds that were obtained, distributed and/or spent under fraudulent circumstances.

K. Fraud. SUBRECIPIENT shall immediately report all suspected or known instances and facts concerning possible fraud, abuse or criminal activity related to said program for the ARPA SLFRF Funds under this Agreement.

City Council 26 – 12 5/3/2022
8 L. Prohibited Use. SUBRECIPIENT hereby certifies and agrees that it will not use ARPA SLFRF Funds provided through this Agreement to pay for entertainment, meals or gifts, or other prohibited uses.

M. Lobbying. SUBRECIPIENT certifies that it will comply with federal law (31 U.S.C. 1352) and regulations found at 24 CFR Part 87, which provide that no appropriated funds may be expended by the recipient of a federal contract, grant, loan or cooperative agreement to pay any person for influencing or attempting to influence an officer or employee of any agency, Member of Congress, or an officer or employee of a Member of Congress in connection with awarding of any federal contract, the making of any federal grant or loan, entering into any cooperative agreement and the extension, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. SUBRECIPIENT shall sign a certification to that effect in a form as set forth in Exhibit E, attached hereto and by this reference incorporated herein. SUBRECIPIENT shall submit said signed certification to CITY prior to performing any of its obligations under this Agreement and prior to any obligation arising on the part of CITY to pay any sums to SUBRECIPIENT under the terms and conditions of this Agreement.

If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit a “Disclosure Form to Report Lobbying,” in accordance with its instructions (Exhibit E).

N. Financial Interest. SUBRECIPIENT agrees that except for the use of administrative fees to pay salaries and other related administrative or personnel costs, no persons who exercise or have exercised any function with respect to administering said program under the terms of this Agreement, or who are in a position to participate in a decision-making process or gain inside information with regard to the administration of said program, may obtain a financial interest or benefit from said program, either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter. This prohibition applies to any person who is an employee, agent, consultant, officer, or elected or appointed official of CITY, or of any designated public agency, or the SUBRECIPIENT.

O. Labor Standards. The SUBRECIPIENT agrees to comply with the requirements of the Secretary of Labor in accordance with the Davis-Bacon Act as amended, the provisions of Contract Work Hours and Safety Standards Act (40 U.S.C. 327 et seq.) and all other applicable Federal, state and local laws and regulations pertaining to labor standards insofar as those acts apply to the performance of this Agreement. The SUBRECIPIENT agrees to comply with the Copeland Anti-Kick Back Act (18 U.S.C. 874 et seq.) and its implementing regulations of the U.S.

Department of Labor at 29 CFR Part 5. The SUBRECIPIENT shall maintain documentation that demonstrates compliance with hour and wage requirements of this part. Such documentation shall be made available to the CITY for review upon request.

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9 P. Equal Employment Opportunities. SUBRECIPIENT shall make every effort to ensure that all projects funded wholly or in part by ARPA SLFRF Funds shall provide equal employment opportunities for minorities and women.

Q. Women and Minority-Owned Businesses (W/MBE). SUBRECIPIENT will use its best efforts to afford small businesses, minority business enterprises, and women’s business enterprises the maximum practicable opportunity to participate in the performance of this Agreement in accordance with the requirements of 2 CFR 200.321 “Contracting with small and minority businesses, women’s business enterprises, and labor surplus area firms”. As used in this Agreement, the term “small business” means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and “minority and women’s business enterprise” means a business at least fifty-one percent (51%) owned and controlled by minority group members or women. For the purpose of this definition, “minority group members” are African-Americans, Spanish-speaking, Spanish surnamed or Spanish-heritage Americans, AsianAmericans, and American Indians. SUBRECIPIENT may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation.

R. Drug Free Workplace. SUBRECIPIENT agrees to provide a drug-free workplace and to execute a certification as set forth in Exhibit F attached hereto and incorporated herein by this reference.

S. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. The following requirements and standards must be complied with: 2 CFR Part 200 et al. SUBRECIPIENT shall procure all materials, property, or services in accordance with the requirements of 2 CFR 200.318-326.

III. CITY'S OBLIGATIONS
A. Audit of Account. CITY shall include an audit of the account maintained by SUBRECIPIENT in CITY's audit of all ARPA SLFRF Funds in accordance with Title 24 of the Code of Federal Regulations and other applicable federal laws and regulations.

B. Common Rule: Pursuant to 2 CFR 200.328(a), the CITY manages the day-to-day operations of each grant and subgrant supported activities. CITY staff has detailed knowledge of the grant program requirements and monitors grant and subgrant supported activities to assure compliance with federal requirements. Such monitoring covers each program, function and activity and performance goals are reviewed periodically.

C. Project Expectations: CITY shall monitor the performance of SUBRECIPIENT against goals and performance standards required herein. The SUBRECIPIENT shall be responsible to accomplish the project expectations as set forth in Exhibit A, and report such results to the CITY. If the SUBRECIPIENT estimates such goals will not be met, the SUBRECIPIENT is to contact the CITY, at which time the CITY will determine if any adjustments to the grant award is appropriate. Substandard performance as determined by the CITY will constitute noncompliance with this Agreement. Should the CITY determine that the SUBRECIPIENT has not City Council 26 – 14 5/3/2022
10 performed its obligations as stated in this contract in a satisfactory manner, or if the CITY determines that insufficient supporting information has been submitted, the CITY shall notify the SUBRECIPIENT in writing of its determination specifying in full detail the objections that it has to the SUBRECIPIENT’s performance. If action to correct such substandard performance is not taken by the SUBRECIPIENT after being notified by the CITY, within a reasonable period of time as stipulated in the written notification, contract suspension or termination procedures will be initiated.

IV. GENERAL PROVISIONS
A. Non-Discrimination.

1. SUBRECIPIENT agrees to comply with Executive Order 11246, which requires that during the performance of this Agreement, SUBRECIPIENT agrees not to discriminate against any employee or applicant for employment because of race, religion, sex, color or national origin.

Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer, rates of pay or other forms of compensation, and selection for training, including apprenticeship. SUBRECIPIENT agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the SUBRECIPIENT setting forth the provisions of this nondiscrimination clause.

2. SUBRECIPIENT agrees to comply with Title VI of the Civil Rights Act of 1964, which indicates that no person shall, on the ground of race, color or national origin, be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program of activity receiving federal financial assistance.

3. No person shall, on the grounds of race, sex, creed, color, religion, marital status, national origin, age, sexual orientation, or physical or mental handicap be excluded from participation in, be refused the benefits of, or otherwise be subject to discrimination in any activities, programs or employment supported by this Agreement. SUBRECIPIENT is prohibited from discrimination on the basis of age or with respect to an otherwise qualified handicapped person as provided for under Section 109 of the Housing and Community Development Act of 1974, as amended.

4. SUBRECIPIENT agrees to comply with the Age Discrimination Act of 1975, which requires that during the performance of this Agreement, SUBRECIPIENT agrees not to discriminate against any employee or applicant for employment because of age. Such action shall include, but not be limited to the following: employment upgrading, demotion, or transfer, rates of pay or other forms of compensation, and selection for training, including apprenticeship.

SUBRECIPIENT agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the SUBRECIPIENT setting forth the provisions of this age discrimination clause.

5. SUBRECIPIENT agrees to comply with Section 504 of the Rehabilitation Act of 1973, which requires that no otherwise qualified individual with a disability in the United States, shall, solely by reason of his or her disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial City Council 26 – 15 5/3/2022
11 assistance or under any program or activity conducted by any executive agency or by the United States Postal Service.

B. Conflict of Interest. Pursuant to the conflict of interest requirements set forth in 24 CFR 570.611 and 2 CFR 200.112, SUBRECIPIENT certifies that no member, officer, employee, agent or assignee of CITY having direct or indirect control of any ARPA SLFRF Funds granted to the CITY, inclusive of the subject ARPA SLFRF Funds, shall serve as an officer of SUBRECIPIENT.

Further, any conflict or potential conflict of interest of any officer of SUBRECIPIENT shall be fully disclosed in writing prior to the execution of this Agreement and said writing shall be attached and deemed fully incorporated as a part hereof. Notice shall be sent by SUBRECIPIENT to CITY regarding any changes or modifications to its board of directors and list of officers.

C. Special Certification for Religious Entities. If SUBRECIPIENT is a religious entity, SUBRECIPIENT hereby agrees that in connection with the provision of the services SUBRECIPIENT shall provide with ARPA SLFRF Funds, in accordance with 24 CFR 570.200(j):

1. SUBRECIPIENT shall not discriminate against any employee or applicant for employment on the basis of religion and shall not limit employment or give preference in employment to persons on the basis of religion.

2. SUBRECIPIENT shall not discriminate against any person applying for the services SUBRECIPIENT agrees to provide under the terms of this Agreement on the basis of religion and shall not limit such services or give preference to applicants for such services on the basis of religion.

3. SUBRECIPIENT shall NOT provide religious instruction or counseling, conduct any religious worship or services, or engage in any religious proselytizing, or exert any religious influence in the provision of the services in said program. The parties agree that this covenant is intended to and shall be construed for the limited purpose of assuring compliance with respect to the use of CITY funds by SUBRECIPIENT with applicable constitutional limitations respecting the establishment of religion as set forth in the establishment clause under the First Amendment of the United States Constitution and Article I, Section 4 of the California Constitution, and is not in any manner intended to restrict other activities of SUBRECIPIENT.

4. The portion of a facility used to provide public services assisted in whole or in part under this Agreement shall contain no sectarian or religious symbols.

5. Where the services to be provided under said program are rendered on property owned by the primarily religious entity SUBRECIPIENT, ARPA SLFRF Funds may also be used for minor repairs to such property, which are directly related to the cost of rendering the services under said program, where the cost constitutes in dollar terms only an incidental portion of the ARPA expenditure for rendering the services under said program.

D. Prohibition of Nepotism. SUBRECIPIENT agrees not to hire or permit the hiring of any person to fill a position funded through this Agreement if a member of that person’s immediate family is employed in an administrative capacity by SUBRECIPIENT. For the purposes of this City Council 26 – 16 5/3/2022
12 section, the term “immediate family” means spouse, child, mother, father, brother, sister, brother-inlaw, sister-in-law, father-in-law, mother-in-law, son-in-law, daughter-in-law, aunt, uncle, niece, nephew, stepparent and stepchild. The term “administrative capacity” means having selection, hiring, supervisor or management responsibilities.

E. Notices. Notices to the parties shall, unless otherwise requested in writing, be sent by U.S. Mail, postage prepaid, and addressed as follows:

TO CITY: City of Santa Ana
Lisa Rudloff
Executive Director
Parks, Recreation and Community Services Agency
20 Civic Center Plaza
P.O. Box 1988
Santa Ana, California 92702-1988
TO SUBRECIPIENT:

ALBI
Hiba Shublak
Executive Director
14 Surfside Ct
Newport Beach, CA 92663-2118
F. Assignability. None of the duties of, or work to be performed by, SUBRECIPIENT under this Agreement shall be subcontracted or assigned to any agency, consultant, or person without the prior written consent of CITY. SUBRECIPIENT must submit all subcontracts and other agreements that relate to this Agreement to CITY. No subcontract or assignment shall terminate or alter the legal obligations of SUBRECIPIENT pursuant to this Agreement.

G. Indemnification/Hold Harmless. SUBRECIPIENT shall indemnify, defend and save harmless CITY, its officers, employees, agents, representatives and volunteers from and against any and all damages to or for loss of use of property and for injuries to or death of any person or persons, including property and employees or agents of CITY, and shall defend, indemnify and save harmless CITY, its officers, employees, agents, representatives and volunteers from and against any and all claims, demands, suits, actions or proceedings of any kind or nature, including, but not by way of limitation, workers compensation claims and including attorney fees and reasonable expenses for litigation or settlement, resulting from or arising out of the negligent or wrongful acts, errors or omissions of SUBRECIPIENT, its officers, directors, employees, agents, subcontractors and suppliers arising out of SUBRECIPIENT's performance of this Agreement.

H. Insurance.

Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, its agents, representatives, employees, or subcontractors.

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13 a. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as:

1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Contractor has no owned autos, Code 8 (hired) and 9 (non-owned), with limit no less than $1,000,000 (if program services includes transportation of youth, the limit shall be no less than $5,000,000) per accident for bodily injury and property damage. (Not required if an automobile is not required to fulfill services.)

3. Workers’ Compensation: insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.

4. Sexual Abuse or Molestation (SAM) Liability: If the CGL policy referenced above is not endorsed to include affirmative coverage for sexual abuse or molestation, Contractor shall obtain and maintain a policy covering Sexual Abuse and Molestation with a limit no less than $1,000,000 per occurrence or claim.

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

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

2. Primary Coverage: For any claims related to this contract, the Contractor’s insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers.

City Council 26 – 18 5/3/2022
14 Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.

3. Notice of Cancellation: Each insurance policy required above shall state that coverage shall not be canceled, except with notice to the City.

4. Waiver of Subrogation: Contractor hereby grants to City a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.

5. Self-Insured Retentions: Self-insured retentions must be declared to and approved by the City. The City may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.

The policy language shall provide, or be endorsed to provide, that the selfinsured retention may be satisfied by either the named insured or City.

6. Acceptability of Insurers: Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.

7. Claims Made Policies: If any of the required policies provide coverage on a claims-made basis:

1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.

2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.

3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work.

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

City Council 26 – 19 5/3/2022
15 9. Special Risks or Circumstances: City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

I. Termination.

1. This Agreement may be terminated on thirty (30) days’ written notice by either party. In the event of such termination, SUBRECIPIENT shall only be entitled to reimbursement for approved expenses incurred to the effective date of termination.

2. This Agreement may be suspended or terminated by CITY upon five (5) days’ written notice for violation by SUBRECIPIENT of Federal Laws governing the use of ARPA SLFRF Funds. In the event of such suspension or termination, SUBRECIPIENT shall only be entitled to reimbursement for approved expenses incurred up to the effective date of suspension or termination.

3. Pursuant to 2 CFR 200.340, in the event SUBRECIPIENT defaults by failing to fulfill all or any of its obligations hereunder, CITY may declare a default and termination of this Agreement by written notice to SUBRECIPIENT, which default and termination shall be effective on a date stated in the notice which is to be not less than ten (10) days after certified mailing or personal service of such notice, unless such default is cured before the effective date of termination stated in such notice. If terminated for cause, CITY shall be relieved of further liability or responsibility under this Agreement, or as a result of the termination thereof, including the payment of money, except for payment for approved expenses incurred for services satisfactorily and timely performed prior to the mailing or service of the notice of termination, and except for reimbursement of: (1) any payments made for services not subsequently performed in a timely and satisfactory manner; and, (2) costs incurred by CITY in obtaining substitute performance.

4. The grant of funds under this Agreement may be terminated for convenience by either the CITY or SUBRECIPIENT, in whole or in part, by setting forth the reasons for such termination, the effective date, and, in the case of portion termination, their portion to be terminated.

However, if in the case of a partial termination, the CITY determines that the remaining portion of the award will not accomplish the purpose for which the award was made, the CITY may terminate the award in its entirety.

5. The grant of funds under this Agreement may be terminated due to the nonperformance of SUBRECIPIENT and/or failure of SUBRECIPENT to perform the work described in Exhibit A.

6. The grant of funds under this Agreement may be terminated due to the failure of the CITY to receive sufficient or anticipated funding for the ARPA program for any term subject to this Agreement.

7. In the event this Agreement is terminated as set forth in subparagraphs I(1) through I(6), inclusive, SUBRECIPIENT agrees to immediately return to CITY upon CITY's demand and prior to any adjudication of SUBRECIPIENT’s rights, any and all funds not used, and to comply with the Reversion of Assets requirements in this Agreement.

City Council 26 – 20 5/3/2022
16 J. Limitation of Funds. The United States of America may in the future place programmatic or fiscal limitations on the use of ARPA SLFRF Funds, which limitations are not presently anticipated. Accordingly, CITY reserves the right to revise this Agreement in order to take account of actions affecting ARPA program funding. In the event of funding reduction, CITY may, in its sole and absolute discretion, reduce the budget of this Agreement, may limit the rate of SUBRECIPIENT’s authority to utilize funds, or may restrict SUBRECIPIENT’s use of uncommitted funds. Where CITY has been directed to implement a reduction in funding, with respect to funding for this Agreement, CITY’s City Manager or delegate is authorized to act for CITY in implementing and effecting such a reduction and in revising, modifying, or amending the Agreement for such purposes. If such a reduction in funding occurs, SUBRECIPIENT shall be permitted to de-scope accordingly. Where CITY has reasonable grounds to question SUBRECIPIENT’s fiscal accountability or compliance with this Agreement, CITY may suspend the operation of this Agreement for up to sixty (60) days upon five (5) days written notice to SUBRECIPIENT of its intention to so act, pending an audit or other resolution of such questions. In no event, however, shall any revisions made by CITY affect expenditures and legally binding commitments made by SUBRECIPIENT before it received notice of such revision, provided that such amounts have been committed in good faith and are otherwise allowable and that such commitments are consistent with ARPA SLFRF Funds withdrawal guidelines.

K. Exclusivity and Amendment of Agreement. This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the use of CITY's ARPA SLFRF Funds by SUBRECIPIENT and contains all the covenants and agreements between the parties with respect to SUBRECIPIIENT’s administration of said program. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement or amendment hereto shall be effective unless executed in writing and signed by both CITY and SUBRECIPIENT.

L. Laws Governing this Agreement. This Agreement shall be governed by and construed in accordance with the laws of the State of California, and all applicable federal laws and regulations.

M. Validity and Severability. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. Whenever possible, each provision of this AGREEMENT shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this AGREEMENT is held to be prohibited by or invalid under applicable law, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of such provisions of this AGREEMENT.

N. Waiver. No delay or omission by either party hereto to exercise any right or power accruing upon any noncompliance or default by the other party with respect to any of the terms of this Agreement shall impair any such right or power or be construed to be a waiver thereof. A waiver by either of the parties hereto of any of the covenants, conditions, or agreements to be performed by the other shall not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or agreement herein contained.

City Council 26 – 21 5/3/2022
17 O. Federal Award Identification Information. SUBRECIPIENT’s pertinent Federal Award Identification Information, including DUNS Number and Federal Award Identification Number (FAIN), as well as the applicable information for ARPA, are included in Exhibit C attached hereto and incorporated herein by this reference.

P. Miscellaneous Provisions.

1. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully, including reasonable costs and attorney’s fees, for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn.

2. All Exhibits and Attachments referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement.

3. This Agreement must be signed below and may be signed in counterpart and delivered by fax, email as a PDF (Portable Document Format) file attachment, or by other means that displays the original or a copy of the signatures. Any subsequent amendments may be signed and delivered in the same manner.
{Signatures on following page}
City Council 26 – 22 5/3/2022
18 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first written above.

CITY OF SANTA ANA
________________________

KRISTINE RIDGE
City Manager
SUBRECIPIENT:
______________________________

HIBA SHUBLAK
Executive Director
ATTEST:
________________________

DAISY GOMEZ
Clerk of the Council
APPROVED AS TO FORM:

SONIA R. CARVALHO
City Attorney
____________________________
By: BRANDON SALVATIERRA
Deputy City Attorney
RECOMMENDED FOR APPROVAL:
______________________________

LISA RUDLOFF
Executive Director
Parks, Recreation and Community Services Agency DUNS #: 034046252 City Council 26 – 23 5/3/2022
19 EXHIBIT A

SCOPE OF WORK
City Council 26 – 24 5/3/2022
ALBI ARTS-BASED MINDFULNESS PROGRAM: REVISED SCOPE OF WORK SCOPE OF WORK: A and B.) DETAILS OF THE YOUTH PROGRAM AND TARGET POPULATION Our program implements primary prevention strategies on youth violence, using multi systematic approaches in early childhood support for teachers, families and children. Young children will participate in arts-based activities that combine social emotional learning (SEL), mindfulness and yoga, while teachers and families are equipped with the tools to sustain healthy behaviors for a lifetime.

ALBI’s arts-based mindfulness program is modeled after our Out-of-School Time (OST) 2017-2020 camps combined with standards and lessons from evidence-based best practices developed by: 1-The Collaborative for Academic, Social and Emotional Learning (CASEL), 2-The National Association for the Education of Young Children (NAEYC), and 3-The CA Arts Standards. These mixed-method strategies use progressive arts-based lessons coupled with foundational areas of SEL and character building to strengthen underlying development processes such as focus, resilience and self-care. The program prepares young children to use their creative talents to develop a sense of identity, independence, discipline and self-worth through a series of coordinated activities and experiences that help them to become socially, emotionally, physically, morally, and cognitively competent. Young children will develop and apply valuable tools for maneuvering through life’s many challenges while teachers and families participate in meaningful proficiency workshops that support children’s growth as well as their own mental and physical health. Teachers, families, and caregivers will learn ways to help reduce and manage stress and anxiety, improve wellness, strengthen relationships and connectivity, and build healthy habits using mindful strategies and coping tools to support self-care and enhance community well-being.

Program Target Audience: Santa Ana at-risk youth ages 3years-10 years attending Monte Vista Elementary School Program Tasks: Every class encompasses the development of English-Language skills as well as provides opportunities for children to explore and innovate their ideas through creative expression. Students experience a wide variety of techniques and methods to produce meaningful artworks ready for showcase. We teach a full sequence of skills that allows students to perform at their best. Each day is wrapped with SEL and character building activities. Students participate in collaborative groups that identify and develop personal leadership skills, positive attitudes and behaviors, which lead to accomplishments and proud achievements towards a healthy life. Program activities and outcomes are defined based on four main areas to encourage positive youth development included in classroom time:

1. SKILL BUILDING/CREATING: Learning activities include skills assessment, goal planning, and group activities, with an emphasis on personal development, critical thinking, centered on violence prevention.

Students will learn foundational skills to conceptualize, develop, and refine ideas that are methodically explored and analyzed through a multitude of arts-based activities combined with problem solving and personal development. Expert teaching artists will conduct classes on life skills, self and body awareness, self-identity, conflict resolution, and communication through body awareness, breath, and mindfulness.

2. RESPONDING/CONNECTING: Working activities involve different types of arts-based activities such as theatre and dance to build communication, problem-solving skills, team building, and empathy by connecting with peers and adults who demonstrate positive social behaviors. Additionally, students participate in emerging visual and literary arts with an emphasis on more solitary activities that can allow for self-reflection and mood control.

Activities will also help students discover an appreciation and inspiration for optimal growth as well as motivation to achieve personal goals.

3. PERFORMING/PRESENTING: Meaningful activities allow students to use their creative talents to develop a sense of identity, independence, discipline, and self-worth. After weeks of preparation, students proudly showcase their art projects, social-emotional journals and final video performances. In their final presentation, students will demonstrate mastery of arts-based and mindfulness skills to highlight leadership skills, self-confidence, socialization and self-efficacy.

4. RECOGNITION: Students will participate in SEL activities to gain an understanding of humane values, empathy, and a sense of social justice. Activities are focused on social and behavioral skills in youth violence prevention; such as anti-bullying, accepting differences in others, recognizing and learning to deal with their emotions. Students will be recognized for their accomplishments during regular performance evaluations and feedback provided by the teachers, their culminating presentation, and individualized coping skills toolbox.

Program Deliverables: During the program, students spend 50-minute sessions working on various skills in performing arts to prepare for a final showcase: pre-post assessments, a performance video on crime prevention, art journals and a coping mechanisms box.

1. Pre-Post Assessments: We use a rubric to measure mastery (pretest) and (posttest) of skills, as our assessment method per session.

2. Performance Video: Young artists will gain skill enrichment, self-expression, stress relief and socialization through meaningful activities that will be recognized and rewarded at culminating events. Our curriculum builds in a Exhibit A
20 City Council 26 – 25 5/3/2022
weekly series that begins with foundational skills and technique; then is meticulously explored and analyzed through a multitude of activities and projects that end with a culminating performance, documented by video.

3. Art Journals: Students explore intrapersonal communication, use personal choices, and practice empathy through daily lessons and social emotional skills based on 3 concepts (I Am, I Belong, I Can). Using CASEL (The Collaborative for Academic, Social, and Emotional Learning) guidelines, students create their very own journal of self-expressions, thoughts and feelings that encase all elements of social and emotional learning.

4. Coping Skills Mechanisms Box: Throughout the session children decorate an empty box with pictures, quotes, drawings, and other designs and items that serve as a reflection of what makes them happy. Students will build an actual physical container that houses items they create to help calm down and express their emotions in healthy ways.

Program Target Audience: Teachers, families, and caregivers of children ages 3years-10 years of at risk Santa Ana youth attending Monte Vista Elementary.

Program Tasks: ALBI programs are designed to offer a broad range of teaching strategies that are culturally responsive and engage students as active participants in their learning during class time with their teachers. We believe in working with teachers and parents to maximize sustained and intentional arts education and mindfulness strategies that engage the whole learner. In general populations and trauma-exposed adults, mindfulness interventions have demonstrated reduced depression and anxiety, reduced trauma-related symptoms, enhanced coping and mood, and improved quality of life. Studies in children and youth also demonstrate that mindfulness interventions improve mental, behavioral, and physical outcomes. Our program will deliver professional development support, facilitate school environmental changes, offer parent education and work collaboratively within the surrounding community to influence leadership roles at the school site for positive and sustainable outcomes.

Classroom Teacher Professional Development and Support: ALBI programs believe in empowering school staff and teachers for sustainability in arts integrated and mindfulness education strategies. To support teachers in development and leadership, we will provide revitalizing teaching methods through the arts that include professional development and ongoing staff support. Our expert teaching artists will work closely with classroom teachers throughout the school year so that they are confident in the skills and knowledge needed to lead arts and mindfulness integrated activities into their classes. To foster change efforts at the school, we will support teachers through professional training, collaborative meetings, and classroom partnerships. In addition, teachers will receive professional development training in lessons with insightful art-based mindfulness integration and teacher partnerships to help increase and sustain the incorporation in the classrooms. By developing the personal skills instrumental in promoting behavioral change and educational success, sustained involvement in the arts and mindfulness education process makes it concrete. We will support teachers in learning how to practice self-care and mindfulness by introducing tools, materials, and techniques that are tangible and relevant to students and their educators. Teachers will receive 9 in-depth professional development workshops in mindfulness and self-care per school year, along with 36 hours of hands-on learning lessons with students.

Parent/Families and Caregivers Education: Family involvement is also vital as it creates a positive collaboration and a mutual respect between the parent and school. The more parents feel involved, valued, and regarded as a partner, the more they will support the school and encourage their child. Parent workshops will also be provided to extend artsbased mindfulness strategies that engage students in a variety of learning styles, refine critical thinking skills and strengthen the family bond. Parents will have the opportunity to attend a total of 12 one-hour innovative workshops in mental health, physical health, emotional wellbeing for sustained wellness. In collaboration with community partners, parents will also receive positive and healthy resources. This directly benefits the family unit with healthy messages, at home, in the school environment and extends into the community. By exposing students and parents to positive influences and resources in the local community, the school serves as a helpful resource to educate the whole child.

Program Deliverables: The core concepts of our support strategies to inspire shared leadership roles for school staff, teachers, students and parents is through continuous collaborative efforts that engage participants as advocates and leaders in the schools and community. By implementing multiple strategies to transform whole school performance and maximize sustainable arts-based integration with mindfulness education. ALBI will administer pre-post assessments, while teachers and families build a tool box of resources specific to their individual needs. This kit will contain a repertoire of resources filled with mindful practices, self-care techniques, healthy community resources, classroom activities and parenting techniques that reduce stress and increase resilience.

DURATION OF THE PROGRAM
ALBI arts-based mindfulness program will be conducted in three 12-week School Sessions, and one 4-week Summer Session. There will be intermittent breaks in classes in-between each session for evaluation and planning. Adjustments may be made depending on the SAUSD school calendar to take into consideration holidays and non-teaching days. The last week of each 12-week session will focus on preparation dedicated to culmination projects. Classes are offered once a week for 50 minutes each. Some classes are offered more than once to provide a broader range of options for Exhibit A
19 21
City Council 26 – 26 5/3/2022
students. The schedules will be developed prior to the start of each session based on the needs identified in the session prior. These sessions will include classes during the school day Monday through Friday between 8:00 am to 3:00 pm and will operate as follows:

Table A
Target Audience Number of Classroom Hours Deliverables Per Session Students
Tk-5th grade
3years-10 years
36 weeks (Three 12-week programs)
30 hours/session (90 hrs. total)
PLUS
One 4-week Summer Session (20 hrs. total)

1. Pre/Post Assessments

2. Art Journals

3. Coping Mechanisms Box

4. Performance Video
Teachers
Tk-5th Grade
3 In-depth PD workshops/session (9 total)
PLUS
36 weeks (Three 12-week programs)
30 hours/session (90 hrs. total)
PLUS
One 4-week Summer Session (20 hrs. total)

1. Pre/Post Assessments

2. Tool Box-Resources
Families/Caregivers
EC/Elementary
4 Workshops/session (12 total) 1. Pre/Post Assessments

2. Tool Box-Resources
Session Calendar
▪ Fall: September- November, 2022
▪ Winter: January-February 2023
▪ Spring: March- May 2023
▪ Summer: June 2023
Exhibit A
22 City Council 26 – 27 5/3/2022
23 EXHIBIT B

FEE PAYMENT SCHEDULE
City Council 26 – 28 5/3/2022
Organization Name
Program Name
Term:

Expenditures
Funded By
Santa Ana
REVIVE Funds
Expenditures
Funded By
Other Sources
Program
Budget
Total
Organization
Budget
$18,857 $18,857 $ 18,857
$29,012 $29,012 $ 29,012
$0 $0
$0 $0
$0 $0
$0 $0
$0 $0
$0 $0
$0 $0
$0 $0
$47,869 $0 $47,869 $47,869

FUNDING SOURCE
Santa Ana REVIVE
AMOUNT
$ 47,869
Funding Source Total must equal Program Budget Total listed above.

TOTAL

PROGRAM RESOURCES
LIST ALL OTHER PROGRAM RESOURCES FOR 2022-2023
FISCAL YEAR 2022-2023

PROPOSED PROGRAM BUDGET
ALBI
ALBI-Arts Based Mindfulness Program

EXPENDITURES
Enter budget categories and projected expenditures:

Category
Administrative Staff Salaries
Program Staff Salaries
Contractual Services
OtherJuly 1, 2022 to June 30, 2023
TOTAL $ 47,869
Exhibit B
24 City Council 26 – 29 5/3/2022

ADMINISTRATIVE STAFF
Position Title Annual Salary & Benefits REVIVE Funds Description Executive Director 60,000 $4,351 Management of Program
Program Coordinator 28,000.00 $14,506 Coordinate Program

PROGRAM STAFF
Position Title Annual Salary & Benefits REVIVE Funds Description Teaching Artist $14,506

SEL, Gang Prevention
Teaching Artist $14,506

SEL, Gang Prevention
Type of Service Contract Amount REVIVE Funds Description

OTHER LINE ITEMS
Line Item Program Amount REVIVE Funds Description
2022-2023 REVIVE BUDGET LINE ITEMS

CONTRACTUAL/PROFESSIONAL SERVICES
Attachment 1(b)
Exhibit B
25 City Council 26 – 30 5/3/2022
26 EXHIBIT C

FEDERAL AWARD IDENTIFICATION INFORMATION
The General Program Requirements were designed to provide the framework where the CONTRACTOR will provide ARPA programs identified in this attachment.

I. GOVERNANCE
The CONTRACTOR agrees to comply, remain informed, and deliver services consistent with the provisions of ARPA.

Where local policy has not been set, the CONTRACTOR agrees to adhere to state and/or federal policy, as appropriate.

II. GOVERNANCE REFERENCES
A. Additional state and federal agencies that provide funding to the CITY may be incorporated herein.

B. Information Bulletins, Directives, and any other federal and state guidance documents pertaining to the ARPA SLFRF Funds.

C. Actions, directives, and policy and procedures issued by the CITY.

D. CITY policies, as applicable.

III. CONTRACTOR/SUBRECIPIENT DETERMINATION:

In accordance with the requirements of 2 CFR 200.330 (Subrecipient and Contractor determination) and for the purpose of this CONTRACT, SUBRECIPIENT is determined to be a CONTRACTOR.

City Council 26 – 31 5/3/2022
27 IV. FEDERAL AWARD IDENTIFICATION

FAIN INFORMATION
A. CONTRACTOR Name: ALBI (ACTIVE LEARNING BELIEVE & INSPIRE) B. CONTRACTOR’S Unique
Identifier (D-U-N-S): 034046252
C.

Federal Award
Identification Number
(FAIN):

SLFRP1059
D. Federal Award Date: 5/19/2021
E. Subaward Period of
Performance: 7/1/2022-6/30/2023
F.

Total Amount of Federal
Funds Obligated by the
Action:
$47,869
G.

Total Amount of Federal
Funds Obligated to the
CONTRACTOR:
$47,869
H. Total Amount of the
Federal Award: $64,180,406.50
I. Federal Award Project
Description:

DEBARMENT
_____________________________________________________________________________ Certification Regarding
Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions
_______________________________________________________________________________ This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 29 CFR Part 98, Section 98.5l0, Participants' responsibilities. The regulations were published as Part VII of the May 26, l988 Federal Register (pages l9l60-l92ll). (BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS FOR CERTIFICATION - Attached)
(l) The prospective recipient of federal assistance funds certifies, by submission of this proposal, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency.
(2) Where the prospective recipient of federal assistance funds is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.
_______________________________________________________________________________ Name and Title of Authorized Representative
_______________________________________________________________________________ Signature Date
City Council 26 – 33 5/3/2022
29 INSTRUCTIONS FOR CERTIFICATION

1. By signing and submitting this proposal, the prospective recipient of federal assistance funds is providing the certification as set out below.

2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective recipient of federal assistance funds knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the Department of Labor (DOL) may pursue available remedies, including suspension and/or debarment.

3. The prospective recipient of federal assistance funds shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective recipient of federal assistance funds learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations.

5. The prospective recipient of federal assistance funds agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the DOL.

6. The prospective recipient of federal assistance funds further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and voluntary exclusion - Lower Tier Covered Transactions," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.

7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to check the List of Parties Excluded from Procurement or Non-Procurement Programs.

8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

City Council 26 – 34 5/3/2022
30 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the DOL may pursue available remedies, including suspension and/or debarment.

City Council 26 – 35 5/3/2022
31 EXHIBIT E

LOBBYING
Certification Regarding Lobbying
Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contact, grant, loan or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontract, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

Grantee/Contactor Organization Program Title
Name of Certifying Officer Signature Date
City Council 26 – 36 5/3/2022
32 SUBRECIPIENT warrants the following:

1. SUBRECIPIENT will comply with Public Law 88-352, Title VI of the Civil Rights Act of 1964 (42 U. S. C. section 2000 et seq.) and implementing regulation in 24 CFR Part 1.

2. No person in the United States shall on the ground of race, color, religion, national origin, or sex, be excluded from participation in, or be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with community development funds made available pursuant to the ACT.

3. All laborers and mechanics, employed by contractors or subcontractors in the performance of construction work financed in whole or in part with community development funds shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined in accordance with the Davis-Bacon Act, as amended, 40 U. S. C. Sections 276 a 1-5, except for individuals who perform services for which they volunteered; do not receive compensation for such services; or are paid expenses, reasonable benefits, or a nominal fee for such services; and are not otherwise employed at any time in construction work.

4. SUBRECIPIENT will comply with all Federal statutes applicable to projects funded with community development funds, except that (a) SUBRECIPIENT does not assume CITY'S environmental responsibilities described at 24 CFR 570.604; and (b) SUBRECIPIENT does not assume CITY'S responsibility for initiating the review process under Executive Order 12372.

City Council 26 – 37 5/3/2022
33 EXHIBIT F

DRUG-FREE WORKPLACE
Certification Regarding Drug-Free Workplace Requirements The certification set out below is a material representation upon which reliance is placed by the U.S. Department of Housing and Urban Development in awarding the grant. If it is later determined that the contractor knowingly rendered a false certification, or otherwise violates the requirements of the Drug-Free Workplace Act, the U.S. Department of Housing and Urban Development, in addition to any other remedies available to the Federal Government, may take action authorized under the Drug-Free Workplace Act.

CERTIFICATION
A. The contractor certifies that it will provide a drug-free workplace by:
(a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the contractor’s workplace and specifying the actions that will be taken against employees for violation of such prohibition;
(b) Establishing a drug-free awareness program to inform employees about – (1) The dangers of drug abuse in the workplace;
(2) The contractor’s policy of maintaining a drug-free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance program; and
(4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace;
(c) Making it a requirement that each employee who will be engaged in the performance of the grant be given a copy of the statement required by paragraph (a);
(d) Notifying the employee in the statement required by paragraph -(a) that, as a condition of employment under the contract, the employee will - (1) Abide by the terms of the statement; and
(2) Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction. (e) Notifying the U.S. Department of Housing and Urban Development within ten days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such conviction;
City Council 26 – 38 5/3/2022
34 (f) Taking one of the following actions, within 30 days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted - ( 1) Taking appropriate personnel action against such an employee, up to and including termination; or
(2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency;
(g) Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs (a), (b), (c), (d), (e) and (f).

B. The contractor shall insert in the space provided on the attached “Place of Performance” form the site(s) for the performance of work to be carried out with the grant funds (including street address, city, county, state, and zip code) .the contractor further certifies that, if it is subsequently determined that additional sites will be used for the performance of work under the contract, it shall notify the U.S. Department of Housing and Urban Development immediately upon the decision to use such additional sites by submitting a revised “Place of Performance” form.

Organization
Authorized Signature Date
City Council 26 – 39 5/3/2022
35 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):

City Council 26 – 40 5/3/2022
1 AGREEMENT BETWEEN THE CITY OF SANTA ANA AND

AMERICA ON TRACK FOR USE OF

AMERICAN RESCUE PLAN ACT (ARPA) FUNDS
This Agreement is hereby made and entered into this 3rd day of May, 2022, by and between the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“CITY”), and America On Track, a California domestic nonprofit corporation (“SUBRECIPIENT” or “CONTRACTOR”).

RECITALS:

I. ARPA PROGRAM PROVISIONS
A. Scope of Work. SUBRECIPIENT shall be responsible for the specific tasks and services of said program, and agrees to administer said program in compliance with the tasks and services as described in the Scope of Work attached hereto as Exhibit A. SUBRECIPIENT’s failure City Council 26 – 41 5/3/2022
2 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.

Additionally, the Term of this Agreement may be extended by a writing executed by the City Manager, or designee, and the City Attorney.

C. Amount of Grant Funding. The total amount of funds provided for said program shall not exceed One Hundred Twenty-Five Thousand Dollars and Zero Cents ($125,000) (“ARPA SLFRF Funds”) during the Term of the Agreement. SUBRECIPIENT agrees to use said ARPA SLFRF Funds to administer said program as outlined in Exhibit A.

City Council 26 – 42 5/3/2022
3 E. Grant Program Requirements.
(1) SUBRECIPIENT acknowledges that the source of funding for said program is the federal ARPA, and that payments from the ARPA SLFRF Funds are only to be used to make necessary expenditures incurred due to the public health emergency with respect to COVID-19. (2) SUBRECIPIENT acknowledges that ARPA provisions allow the use of ARPA 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) SUBRECIPIENT shall follow the process and determination of eligibility for participants in said program as outlined in Exhibit A.

City Council 26 – 43 5/3/2022
4 G. Audit.
(1) SUBRECIPIENT shall maintain complete and accurate records and supporting documentation to facilitate financial and/or program audits by CITY. This requirement shall apply to any records and documentation CITY shall reasonably require or as required to be maintained pursuant to the ARPA regulations.
(2) The books and accounts, files, and other records of SUBRECIPIENT, which are applicable to this Agreement, shall be available for inspection, review, and audit during normal business hours by CITY to determine the proper application and use of all ARPA SLFRF Funds provided to or for the account or benefit of SUBRECIPIENT. (3) SUBRECIPIENT assumes responsibility for reimbursement to CITY a sum of money equivalent to the amount of any expenditures disallowed should the CITY, or an authorized agency, rule through audit, exception, or some other appropriate means, that expenditures from funds allocated to SUBRECIPIENT for direct and/or administrative costs were not made in compliance with the applicable cost principles, regulations, or the provisions of this Agreement. (4) SUBRECIPIENT agrees to comply with the requirements of OMB Uniform Guidance 2 CFR Part 200. SUBRECIPIENT further agrees to provide CITY with a copy of completed independent auditors’ report within thirty (30) days of CITY’s request for such report. If the report contains instances of non-compliance with federal laws and regulations that bear directly on the performance or administration of this Agreement, SUBRECIPIENT shall provide CITY copies of responses to auditors’ reports, a plan for corrective action, and auditors’ response that the noncompliance has been resolved. All reports prepared in accord with the requirements of OMB Uniform Guidance 2 CFR Part 200 shall be available for inspection by representatives of CITY or the federal government during normal business hours.
(5) All accounting records, reports, and evidence pertaining to all costs, expenses and the ARPA SLFRF Funds of SUBRECIPIENT and all documents related to this Agreement shall be maintained and kept available at SUBRECIPIENT’S office or place of business for the duration of the Agreement and thereafter for five (5) years from the date of final payment under this Agreement. Records which relate to: (a) complaints, claims, administrative proceedings or litigation arising out of the performance of this Agreement; or, (b) costs and expenses of this Agreement to which CITY or any other governmental agency takes exception, shall be retained beyond the five (5) years until complete resolution or disposition of such appeals, litigation claims, or exceptions. In the event SUBRECIPIENT does not make the above-referenced documents available within the City of Santa Ana, California, SUBRECIPIENT agrees to pay all necessary and reasonable expenses incurred by CITY in conducting any audit at the location where said records and books of account are maintained.

H. Ownership/Use of Materials. SUBRECIPIENT agrees that all materials, reports or products in any form, including electronic, created by SUBRECIPIENT for which SUBRECIPIENT has been compensated pursuant to this Agreement shall be the sole property of the CITY. The material, reports, or products may be used by the CITY for any purpose that the CITY deems to be appropriate, including, but not limit to, duplication and/or distribution within City Council 26 – 44 5/3/2022
5 the CITY or to third parties. SUBRECIPIENT agrees not to release or circulate in whole or part such materials, reports, or products without prior written authorization of the CITY.

City Council 26 – 45 5/3/2022
6 (6) No Pending Legal Proceedings. SUBRECIPIENT is not the subject of a current or threatened litigation that would or may materially affect SUBRECIPIENT’S performance under this Agreement.
(7) Proposal Veracity. All provisions of and information provided in SUBRECIPIENT’s proposal submitted to CITY, including any exhibits, are true and correct in all material respects.
(8) No Pending Investigation. SUBRECIPIENT has no knowledge that it is the subject of any current or threatened criminal or civil action investigation by any public agency, including without limitation a police agency or prosecuting authority, which would relate to or affect performance of the Agreement or provision of services hereunder.

B. Licensing. SUBRECIPIENT agrees to obtain and maintain all required licenses, registrations, accreditation and inspections from all agencies governing its operations.

SUBRECIPIENT shall provide CITY with a copy of said audit by April 1 of the year following the program year in which this Agreement is executed.

City Council 26 – 46 5/3/2022
7 F. Compliance with Law/Program Income. SUBRECIPIENT acknowledges that the funds being provided by CITY for said program are received by CITY pursuant to ARPA, and that distribution and expenditure of these ARPA 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 SUBRECIPIENT shall be returned to CITY, unless otherwise provided for in this Agreement.

I. Independent Contractor. SUBRECIPIENT agrees that the performance of obligations hereunder is rendered in its capacity as an independent contractor and that it is in no way an agent of CITY.

City Council 26 – 47 5/3/2022
8 L. Prohibited Use. SUBRECIPIENT hereby certifies and agrees that it will not use ARPA SLFRF Funds provided through this Agreement to pay for entertainment, meals or gifts, or other prohibited uses.

City Council 26 – 48 5/3/2022
9 P. Equal Employment Opportunities. SUBRECIPIENT shall make every effort to ensure that all projects funded wholly or in part by ARPA SLFRF Funds shall provide equal employment opportunities for minorities and women.

R. Drug Free Workplace. SUBRECIPIENT agrees to provide a drug-free workplace and to execute a certification as set forth in Exhibit F attached hereto and incorporated herein by this reference.

C. Project Expectations: CITY shall monitor the performance of SUBRECIPIENT against goals and performance standards required herein. The SUBRECIPIENT shall be responsible to accomplish the project expectations as set forth in Exhibit A, and report such results to the CITY. If the SUBRECIPIENT estimates such goals will not be met, the SUBRECIPIENT is to contact the CITY, at which time the CITY will determine if any adjustments to the grant award is appropriate. Substandard performance as determined by the CITY will constitute noncompliance with this Agreement. Should the CITY determine that the SUBRECIPIENT has not City Council 26 – 49 5/3/2022
10 performed its obligations as stated in this contract in a satisfactory manner, or if the CITY determines that insufficient supporting information has been submitted, the CITY shall notify the SUBRECIPIENT in writing of its determination specifying in full detail the objections that it has to the SUBRECIPIENT’s performance. If action to correct such substandard performance is not taken by the SUBRECIPIENT after being notified by the CITY, within a reasonable period of time as stipulated in the written notification, contract suspension or termination procedures will be initiated.

IV. GENERAL PROVISIONS
A. Non-Discrimination.

5. SUBRECIPIENT agrees to comply with Section 504 of the Rehabilitation Act of 1973, which requires that no otherwise qualified individual with a disability in the United States, shall, solely by reason of his or her disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial City Council 26 – 50 5/3/2022
11 assistance or under any program or activity conducted by any executive agency or by the United States Postal Service.

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.

D. Prohibition of Nepotism. SUBRECIPIENT agrees not to hire or permit the hiring of any person to fill a position funded through this Agreement if a member of that person’s immediate family is employed in an administrative capacity by SUBRECIPIENT. For the purposes of this City Council 26 – 51 5/3/2022
12 section, the term “immediate family” means spouse, child, mother, father, brother, sister, brother-inlaw, sister-in-law, father-in-law, mother-in-law, son-in-law, daughter-in-law, aunt, uncle, niece, nephew, stepparent and stepchild. The term “administrative capacity” means having selection, hiring, supervisor or management responsibilities.

E. Notices. Notices to the parties shall, unless otherwise requested in writing, be sent by U.S. Mail, postage prepaid, and addressed as follows:

TO CITY: City of Santa Ana
Lisa Rudloff
Executive Director
Parks, Recreation and Community Services Agency
20 Civic Center Plaza
P.O. Box 1988
Santa Ana, California 92702-1988
TO SUBRECIPIENT:

America On Track
Claire Braeburn
Executive Director
600 W Santa Ana Blvd, Suite 710
Santa Ana, CA 92701
F. Assignability. None of the duties of, or work to be performed by, SUBRECIPIENT under this Agreement shall be subcontracted or assigned to any agency, consultant, or person without the prior written consent of CITY. SUBRECIPIENT must submit all subcontracts and other agreements that relate to this Agreement to CITY. No subcontract or assignment shall terminate or alter the legal obligations of SUBRECIPIENT pursuant to this Agreement.

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.

City Council 26 – 52 5/3/2022
13 a. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as:

City Council 26 – 53 5/3/2022
14 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.

The policy language shall provide, or be endorsed to provide, that the selfinsured 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 provided for at least five (5) years after completion of the contract of work.

City Council 26 – 54 5/3/2022
15 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.

5. The grant of funds under this Agreement may be terminated due to the nonperformance of SUBRECIPIENT and/or failure of SUBRECIPENT to perform the work described in Exhibit A.

6. The grant of funds under this Agreement may be terminated due to the failure of the CITY to receive sufficient or anticipated funding for the ARPA program for any term subject to this Agreement.

City Council 26 – 55 5/3/2022
16 J. Limitation of Funds. The United States of America may in the future place programmatic or fiscal limitations on the use of ARPA SLFRF Funds, which limitations are not presently anticipated. Accordingly, CITY reserves the right to revise this Agreement in order to take account of actions affecting ARPA program funding. In the event of funding reduction, CITY may, in its sole and absolute discretion, reduce the budget of this Agreement, may limit the rate of SUBRECIPIENT’s authority to utilize funds, or may restrict SUBRECIPIENT’s use of uncommitted funds. Where CITY has been directed to implement a reduction in funding, with respect to funding for this Agreement, CITY’s City Manager or delegate is authorized to act for CITY in implementing and effecting such a reduction and in revising, modifying, or amending the Agreement for such purposes. If such a reduction in funding occurs, SUBRECIPIENT shall be permitted to de-scope accordingly. Where CITY has reasonable grounds to question SUBRECIPIENT’s fiscal accountability or compliance with this Agreement, CITY may suspend the operation of this Agreement for up to sixty (60) days upon five (5) days written notice to SUBRECIPIENT of its intention to so act, pending an audit or other resolution of such questions. In no event, however, shall any revisions made by CITY affect expenditures and legally binding commitments made by SUBRECIPIENT before it received notice of such revision, provided that such amounts have been committed in good faith and are otherwise allowable and that such commitments are consistent with ARPA SLFRF Funds withdrawal guidelines.

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.

City Council 26 – 56 5/3/2022
17 O. Federal Award Identification Information. SUBRECIPIENT’s pertinent Federal Award Identification Information, including DUNS Number and Federal Award Identification Number (FAIN), as well as the applicable information for ARPA, are included in Exhibit C attached hereto and incorporated herein by this reference.

P. Miscellaneous Provisions.

2. All Exhibits and Attachments referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement.

3. This Agreement must be signed below and may be signed in counterpart and delivered by fax, email as a PDF (Portable Document Format) file attachment, or by other means that displays the original or a copy of the signatures. Any subsequent amendments may be signed and delivered in the same manner.
{Signatures on following page}
City Council 26 – 57 5/3/2022
18 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:

LISA RUDLOFF CLAIRE BRAEBURN
Executive Director Executive Director
Parks, Recreation and Community Services Agency DUNS #: 125118484 City Council 26 – 58 5/3/2022

EXHIBIT A

SCOPE OF WORK
19 City Council 26 – 59 5/3/2022
Revive Santa Ana ~ America On Track

SCOPE OF WORK
AOT’s Brighter Futures for Children of Prisoners, launched in 2004, is integral to our mission, and the following quote depicts the urgent need: "International human rights advocates have called parental incarceration 'the greatest threat to child well-being in the U.S.” Brighter Futures for Children of Prisoners utilizes a holistic approach and interweaves 5 crucial components to address all facets of their needs to guide them on a positive path for the future, and break the cycle of poverty and incarceration.

In Santa Ana thousands of children of prisoners live in impoverished conditions where they are more likely to be exposed to gangs, drugs, and other illegal activities. AOT works mostly with Hispanic/Latinx families (about 97%) who live in over-crowded neighborhoods and subsist well below the federal poverty level.

Sadly, 65.2% of children of prisoners are convicted of a crime by the time they are 25. In order to mitigate these statistics and because children of prisoners are at a higher risk of educational failure, early substance use and abuse, and coming into contact with the juvenile justice system, AOT has implemented a unique and free 5-component program provided weekly and year-round to guide them on a successful path to a brighter future. The events are held at our Santa Ana offices, at colleges, parks, the Honda Center and more.
v STEAM (Science, Technology, Engineering, Arts & Math) activities v An inspirational summer educational college camp at CSUF v Qualified, trained mentors serving as positive role models v Free special events designed to provide joy in their lives v Free books year-round and wraparound services for the entire family These program activities work synergistically, reinforcing positive core values, education and self-esteem.

Our yearly College Is For Me Too! component is a unique and proven overnight (2 nights-3 days) structured summer education camp held at Cal State Fullerton for our mentees. It is designed so they can experience a college setting and the joy of learning. Based on pre/post surveys, the experience has been enlightening and life transforming for each of the participants. However, it is on hold until the college allows events on their campus again.

Our in-person STEAM component includes workshops that are offered on a bi-weekly basis. Because of COVID these events are now much smaller and held more frequently in our offices. Children of prisoners tend to have low grades in the various sciences as well as a lack of interest. With this in mind, our workshops provide fun interactive activities to pique their curiosity and interest in STEAM areas.

Our 1-on-1 mentoring component includes recruiting, screening, training, and matching caring adults with children of prisoners. Mentors are required to see their mentees 3 to 4 times per month and provide 8 hours of mentoring per month for a minimum of one year. Mentors must turn in detailed online monthly mentor activity notes. This information allows AOT staff to more fully communicate with the social workers, guardians, schools and youth themselves. Since many mentors come and go after honoring their commitment of 1+ years, AOT's four other main components add stability and on-going services for the Exhibit A 20
City Council 26 – 60 5/3/2022
children of prisoners and their families. Mentees are often with AOT for 2 to 10 years, as we work with them through middle school and high school.

The other components include free, age-appropriate books distributed on an ongoing basis, quarterly caregiver seminars, an annual holiday party for mentors and mentees, and four to seven special outings throughout the year.

The overall goal of Brighter Futures is to provide a safety net for children of prisoners. The program’s short-term goals are to help our youth improve their academic skills, become more confident, abstain from drugs, set goals for the future, and limit the likelihood of future involvement in the criminal justice system.

America On Track (AOT) will use the following benchmarks to determine the success of our Brighter Futures for Children of Prisoners program:
1) Recruit a minimum of 42 new Santa Ana children of prisoners (ages 7-17) and provide comprehensive services to them, to their guardians and to their siblings, for a total of 168 Santa Ana residents served;
2) We will recruit, screen and train 42 adult mentors to be matched with Santa Ana children; 3) 85% of mentors will honor the one-on-one outings of 8 hours per months for 12 months and turn in their required online monthly activity forms;
4) We will use additional methods to inspire our mentors so they continue communicating and/or seeing their mentees in spite of the Pandemic. Ongoing calls and case-by-case recommendations, such as meeting their mentees at a park while wearing a mask to enjoy various sports, will be made. Seeing them join us on Zoom events for STEAM lessons or drug prevention lessons and fun activities will attest to their commitment. Also, mentors will continue to turn in the monthly activity notes and this will be one way of determining successes and concerns based on comments; 5) 30 Santa Ana mentees (ages 11+) will attend the “College Is For Me Too!” Summer Camp at CSUF - assuming colleges allow events on their campus this summer; 6) 65% of mentees will attend at least 3 STEAM (Science, Technology, Engineering, Arts & Math) events and develop an interest in science-related careers; 7) Provide ongoing wraparound services to the mentee families; 8) Conduct a nutrition lesson for every caregiver and mentee entering our program; 9) 80% of mentees will improve their behavior and attitudes, which will be noted on the monthly activity notes, teacher & parent comments, and through surveys; 10) 90% of mentees will take advantage of new opportunities and avenues for positive use of time, positive self-expression; and civic engagement. Mentees will also show increased self-esteem, morale, a sense of responsibility, increased interpersonal skills, and decision-making skills; and 11) 100% of mentees will receive free exciting, age-appropriate books on an ongoing basis.

Details of the Target Population
The vast majority of Brighter Futures mentees throughout OC are children of color; 79% are Hispanic, with the majority of the remainder being African American, Asian and Caucasian, however in the areas Exhibit A 21
City Council 26 – 61 5/3/2022
of Santa Ana served by AOT, the Hispanic/Latinx population represents 97% of the Brighter Futures participants. They live in the poorest, high-density neighborhoods with high crime rates. Most are referred by correctional facilities, child welfare services, schools, and community organizations, with which AOT has long-standing relationships. Wraparound supportive services are also offered to the families of mentees, of which most live below the Federal poverty level.

Additionally, 33% of children participating in our Brighter Futures program do not live with a birth parent, even if only one is incarcerated. In many cases, the other birth parent, usually the mother, is drug involved, has abandoned her children or has had the children removed from the home by court order. For many children, “home” is living with a grandparent, extended family member, foster family or group home. The AOT staff plus our mentors are often the only positive adult role models in their life and represent an anchor in a turbulent sea.

AOT believes that it is crucial to help and guide our Brighter Futures families and their children in order to provide them with resources and lower this heartbreaking cycle of incarceration. The good news is that our Brighter Futures children of prisoners are all wonderful youth with so much potential and none of them have yet to gravitate to the criminal side of justice, even though they are vulnerable. Therefore, now is the time to help them because AOT has definitely witnessed how well they respond to positive exposure, new opportunities and a little fun and love.

We have experienced tremendous success year after year with this population, and it is very heartwarming to help transform the lives of these wonderful children who greatly deserve it. We are literally sending these kids to college/trade school instead of prison.

Exhibit A 22
City Council 26 – 62 5/3/2022

EXHIBIT B

FEE PAYMENT SCHEDULE
23 City Council 26 – 63 5/3/2022
Organization Name
Program Name
Term:

Expenditures
Funded By
Santa Ana
REVIVE Funds
Expenditures
Funded By
Other Sources
Program
Budget
Total
Organization
Budget
$0 $0 $ 85,000
$95,000 $ 83,000 $178,000 $ 950,000
$0 $ 10,000 $10,000 $ 125,000
$26,705 $ 23,331 $50,036 $ 265,000
$0 $ 36,500 $36,500 $ 14,500
$0 $ 11,400 $11,400 $ 8,900
$0 $ 30,623 $30,623 $ 175,000
$0 $ 12,719 $12,719 $ 100,000
$0 $ 6,600 $6,600 $ 57,000
$3,295 $ 30,293 $33,588
$125,000 $244,466 $369,466 $1,780,400
Elevate Youth California

FUNDING SOURCE
Santa Ana REVIVE
Pacific Life Foundation
$ 100,000.00
DevTo Support Foundation
Croul Foundation
O.L. Halsell Foundation
$ 25,000.00
$ 10,000.00
$ 20,000.00
$ 10,000.00
AMOUNT
$ 125,000.00
Funding Source Total must equal Program Budget Total listed above.

Mentor Recruiting & Training
Program Supplies & Mileage
Rent & Insurance
Telephone, Office Supplies
TOTAL
Indirect Costs

PROGRAM RESOURCES
LIST ALL OTHER PROGRAM RESOURCES FOR 2022-2023
College Is for Me Too! & STEAM
FISCAL YEAR 2022-2023

PROPOSED PROGRAM BUDGET
America On Track
Brighter Futures for Children of Prisoners

EXPENDITURES
Enter budget categories and projected expenditures:

Category
Administrative Staff Salaries
Program Staff Salaries
Contractual Services
Other- Fringe Benefits of Program Salarie
July 1, 2022 to June 30, 2023
Other Pending Funding Sources
TOTAL $ 369,466
$ 79,466.00
Exhibit B
City Council
24 26 – 64 5/3/2022

ADMINISTRATIVE STAFF
Position Title Annual Salary & Benefits REVIVE Funds Description Executive Director $0.00
Oversee the operation of the
entire nonprofit, including all
projects. Manage budgets,
invoices, & reports, and
coordinate with funder. Ensure
Federal guidelines are met.

PROGRAM STAFF
Position Title Annual Salary & Benefits REVIVE Funds Description Project Director $ 60,000 $ 30,000.00
Responsible for overall
supervision of Brighter Futures
program, including
hiring/training/managing staff,
training volunteer mentors,
responding to urgent issues
with mentee families, and
overseeing evaluation
component, among other
things.

Program Coordinator $ 60,000 $ 40,000.00
Recruit and screen mentors,
and identify and train eligible
mentees (and their caregivers).

Ensure client intake forms are
completed accurately.

Coordinate College Is for Me
Too!, quarterly STEM
Workshops, and special events.

Assist with data collection and
reports.

Client Advocate -
Mentees $ 50,000 $ 25,000.00
Serve as an ongoing case
manager, referral specialist,
and advocate for the mentees
and caregivers. Conduct
English/Spanish intake
interviews.

Client Advocate Interns $ 8,000 Support program as needed. 2022-2023 REVIVE BUDGET LINE ITEMS
Exhibit B
City Council
25 26 – 65 5/3/2022
Type of Service Contract Amount REVIVE Funds Description Evaluation Consultant $ 10,000.00 $0.00

OTHER LINE ITEMS
Line Item Program Amount REVIVE Funds Description
Program Salaries $ 50,036 $0.00
STEAM $ 36,500 $0.00
Training $ 11,400 $0.00
Mileage $ 30,623 $0.00
Rent & Insurance $ 12,719 $0.00
Supplies $ 6,600 $0.00

CONTRACTUAL/PROFESSIONAL SERVICES
Attachment 1(b)
Exhibit B
City Council
26 26 – 66 5/3/2022

EXHIBIT C

FEDERAL AWARD IDENTIFICATION INFORMATION
The General Program Requirements were designed to provide the framework where the CONTRACTOR will provide ARPA programs identified in this attachment.

I. GOVERNANCE
The CONTRACTOR agrees to comply, remain informed, and deliver services consistent with the provisions of ARPA.

Where local policy has not been set, the CONTRACTOR agrees to adhere to state and/or federal policy, as appropriate.

II. GOVERNANCE REFERENCES
A. Additional state and federal agencies that provide funding to the CITY may be incorporated herein.

B. Information Bulletins, Directives, and any other federal and state guidance documents pertaining to the ARPA SLFRF Funds.

C. Actions, directives, and policy and procedures issued by the CITY.

D. CITY policies, as applicable.

III. CONTRACTOR/SUBRECIPIENT DETERMINATION:

In accordance with the requirements of 2 CFR 200.330 (Subrecipient and Contractor determination) and for the purpose of this CONTRACT, SUBRECIPIENT is determined to be a CONTRACTOR.
27 City Council 26 – 67 5/3/2022
IV. FEDERAL AWARD IDENTIFICATION

FAIN INFORMATION
A. CONTRACTOR Name: AMERICA ON TRACK
B. CONTRACTOR’S Unique
Identifier (D-U-N-S): 125118484
C.

Federal Award
Identification Number
(FAIN):

SLFRP1059
D. Federal Award Date: 5/19/2021
E. Subaward Period of
Performance: 7/1/2022-6/30/2023
F.

Total Amount of Federal
Funds Obligated by the
Action:
$125,000
G.

Total Amount of Federal
Funds Obligated to the
CONTRACTOR:
$125,000
H. Total Amount of the
Federal Award: $64,180,406.50
I. Federal Award Project
Description:

EXHIBIT D

Claire Braeburn, Executive Director
_______________________________________________________________________________ Name and Title of Authorized Representative
3/17/2022
_______________________________________________________________________________ Signature Date
29 City Council 26 – 69 5/3/2022

INSTRUCTIONS FOR CERTIFICATION

1. By signing and submitting this proposal, the prospective recipient of federal assistance funds is providing the certification as set out below.

9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the DOL may pursue available remedies, including suspension and/or debarment. 31 City Council 26 – 71 5/3/2022

EXHIBIT E

America On Track Brighter Futures for Children of Prisoners Grantee/Contactor Organization Program Title
Claire Braeburn 03/17/2022
Name of Certifying Officer Signature Date
32 City Council 26 – 72 5/3/2022
SUBRECIPIENT warrants the following:

1. SUBRECIPIENT will comply with Public Law 88-352, Title VI of the Civil Rights Act of 1964 (42 U. S. C. section 2000 et seq.) and implementing regulation in 24 CFR Part 1.

EXHIBIT F

CERTIFICATION
A. The contractor certifies that it will provide a drug-free workplace by:
(a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the contractor’s workplace and specifying the actions that will be taken against employees for violation of such prohibition;
(b) Establishing a drug-free awareness program to inform employees about – (1) The dangers of drug abuse in the workplace;
(2) The contractor’s policy of maintaining a drug-free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance program; and
(4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace;
(c) Making it a requirement that each employee who will be engaged in the performance of the grant be given a copy of the statement required by paragraph (a);
(d) Notifying the employee in the statement required by paragraph -(a) that, as a condition of employment under the contract, the employee will - (1) Abide by the terms of the statement; and
(2) Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction. (e) Notifying the U.S. Department of Housing and Urban Development within ten days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such conviction;
34 City Council 26 – 74 5/3/2022
(f) Taking one of the following actions, within 30 days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted - ( 1) Taking appropriate personnel action against such an employee, up to and including termination; or
(2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency;
(g) Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs (a), (b), (c), (d), (e) and (f).

America On Track
Organization
03/17/2022
Authorized Signature Date
35 City Council 26 – 75 5/3/2022

PLACE OF PERFORMANCE

FOR CERTIFICATION REGARDING DRUG-FREE

WORKPLACE REQUIREMENTS
Name: America On Track
Date: 03/17/2022
The Contractor shall insert in the space provided below the site(s) expected to be used for the performance of work under the contract covered by the certification:

Place of Performance (include street address, city, county, state, zip code for each site):
600 W. Santa Ana Blvd., Suite 710, Santa Ana, CA. 92701 Orange County
36 City Council 26 – 76 5/3/2022
1 AGREEMENT BETWEEN THE CITY OF SANTA ANA AND

BACKHAUSDANCE FOR USE OF

AMERICAN RESCUE PLAN ACT (ARPA) FUNDS
This Agreement is hereby made and entered into this 3rd day of May, 2022, by and between the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“CITY”), and Backhausdance, a California domestic nonprofit corporation (“SUBRECIPIENT” or “CONTRACTOR”).

RECITALS:

I. ARPA PROGRAM PROVISIONS
A. Scope of Work. SUBRECIPIENT shall be responsible for the specific tasks and services of said program, and agrees to administer said program in compliance with the tasks and services as described in the Scope of Work attached hereto as Exhibit A. SUBRECIPIENT’s failure City Council 26 – 77 5/3/2022
2 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.

Additionally, the Term of this Agreement may be extended by a writing executed by the City Manager, or designee, and the City Attorney.

C. Amount of Grant Funding. The total amount of funds provided for said program shall not exceed Thirty Thousand Dollars and Zero Cents dollars ($30,000) (“ARPA SLFRF Funds”) during the Term of the Agreement. SUBRECIPIENT agrees to use said ARPA SLFRF Funds to administer said program as outlined in Exhibit A.

City Council 26 – 78 5/3/2022
3 E. Grant Program Requirements.
(1) SUBRECIPIENT acknowledges that the source of funding for said program is the federal ARPA, and that payments from the ARPA SLFRF Funds are only to be used to make necessary expenditures incurred due to the public health emergency with respect to COVID-19. (2) SUBRECIPIENT acknowledges that ARPA provisions allow the use of ARPA 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) SUBRECIPIENT shall follow the process and determination of eligibility for participants in said program as outlined in Exhibit A.

City Council 26 – 79 5/3/2022
4 G. Audit.
(1) SUBRECIPIENT shall maintain complete and accurate records and supporting documentation to facilitate financial and/or program audits by CITY. This requirement shall apply to any records and documentation CITY shall reasonably require or as required to be maintained pursuant to the ARPA regulations.
(2) The books and accounts, files, and other records of SUBRECIPIENT, which are applicable to this Agreement, shall be available for inspection, review, and audit during normal business hours by CITY to determine the proper application and use of all ARPA SLFRF Funds provided to or for the account or benefit of SUBRECIPIENT. (3) SUBRECIPIENT assumes responsibility for reimbursement to CITY a sum of money equivalent to the amount of any expenditures disallowed should the CITY, or an authorized agency, rule through audit, exception, or some other appropriate means, that expenditures from funds allocated to SUBRECIPIENT for direct and/or administrative costs were not made in compliance with the applicable cost principles, regulations, or the provisions of this Agreement. (4) SUBRECIPIENT agrees to comply with the requirements of OMB Uniform Guidance 2 CFR Part 200. SUBRECIPIENT further agrees to provide CITY with a copy of completed independent auditors’ report within thirty (30) days of CITY’s request for such report. If the report contains instances of non-compliance with federal laws and regulations that bear directly on the performance or administration of this Agreement, SUBRECIPIENT shall provide CITY copies of responses to auditors’ reports, a plan for corrective action, and auditors’ response that the noncompliance has been resolved. All reports prepared in accord with the requirements of OMB Uniform Guidance 2 CFR Part 200 shall be available for inspection by representatives of CITY or the federal government during normal business hours.
(5) All accounting records, reports, and evidence pertaining to all costs, expenses and the ARPA SLFRF Funds of SUBRECIPIENT and all documents related to this Agreement shall be maintained and kept available at SUBRECIPIENT’S office or place of business for the duration of the Agreement and thereafter for five (5) years from the date of final payment under this Agreement. Records which relate to: (a) complaints, claims, administrative proceedings or litigation arising out of the performance of this Agreement; or, (b) costs and expenses of this Agreement to which CITY or any other governmental agency takes exception, shall be retained beyond the five (5) years until complete resolution or disposition of such appeals, litigation claims, or exceptions. In the event SUBRECIPIENT does not make the above-referenced documents available within the City of Santa Ana, California, SUBRECIPIENT agrees to pay all necessary and reasonable expenses incurred by CITY in conducting any audit at the location where said records and books of account are maintained.

H. Ownership/Use of Materials. SUBRECIPIENT agrees that all materials, reports or products in any form, including electronic, created by SUBRECIPIENT for which SUBRECIPIENT has been compensated pursuant to this Agreement shall be the sole property of the CITY. The material, reports, or products may be used by the CITY for any purpose that the CITY deems to be appropriate, including, but not limit to, duplication and/or distribution within City Council 26 – 80 5/3/2022
5 the CITY or to third parties. SUBRECIPIENT agrees not to release or circulate in whole or part such materials, reports, or products without prior written authorization of the CITY.

City Council 26 – 81 5/3/2022
6 (6) No Pending Legal Proceedings. SUBRECIPIENT is not the subject of a current or threatened litigation that would or may materially affect SUBRECIPIENT’S performance under this Agreement.
(7) Proposal Veracity. All provisions of and information provided in SUBRECIPIENT’s proposal submitted to CITY, including any exhibits, are true and correct in all material respects.
(8) No Pending Investigation. SUBRECIPIENT has no knowledge that it is the subject of any current or threatened criminal or civil action investigation by any public agency, including without limitation a police agency or prosecuting authority, which would relate to or affect performance of the Agreement or provision of services hereunder.

B. Licensing. SUBRECIPIENT agrees to obtain and maintain all required licenses, registrations, accreditation and inspections from all agencies governing its operations.

SUBRECIPIENT shall provide CITY with a copy of said audit by April 1 of the year following the program year in which this Agreement is executed.

City Council 26 – 82 5/3/2022
7 F. Compliance with Law/Program Income. SUBRECIPIENT acknowledges that the funds being provided by CITY for said program are received by CITY pursuant to ARPA, and that distribution and expenditure of these ARPA 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 SUBRECIPIENT shall be returned to CITY, unless otherwise provided for in this Agreement.

I. Independent Contractor. SUBRECIPIENT agrees that the performance of obligations hereunder is rendered in its capacity as an independent contractor and that it is in no way an agent of CITY.

City Council 26 – 83 5/3/2022
8 L. Prohibited Use. SUBRECIPIENT hereby certifies and agrees that it will not use ARPA SLFRF Funds provided through this Agreement to pay for entertainment, meals or gifts, or other prohibited uses.

City Council 26 – 84 5/3/2022
9 P. Equal Employment Opportunities. SUBRECIPIENT shall make every effort to ensure that all projects funded wholly or in part by ARPA SLFRF Funds shall provide equal employment opportunities for minorities and women.

R. Drug Free Workplace. SUBRECIPIENT agrees to provide a drug-free workplace and to execute a certification as set forth in Exhibit F attached hereto and incorporated herein by this reference.

C. Project Expectations: CITY shall monitor the performance of SUBRECIPIENT against goals and performance standards required herein. The SUBRECIPIENT shall be responsible to accomplish the project expectations as set forth in Exhibit A, and report such results to the CITY. If the SUBRECIPIENT estimates such goals will not be met, the SUBRECIPIENT is to contact the CITY, at which time the CITY will determine if any adjustments to the grant award is appropriate. Substandard performance as determined by the CITY will constitute noncompliance with this Agreement. Should the CITY determine that the SUBRECIPIENT has not City Council 26 – 85 5/3/2022
10 performed its obligations as stated in this contract in a satisfactory manner, or if the CITY determines that insufficient supporting information has been submitted, the CITY shall notify the SUBRECIPIENT in writing of its determination specifying in full detail the objections that it has to the SUBRECIPIENT’s performance. If action to correct such substandard performance is not taken by the SUBRECIPIENT after being notified by the CITY, within a reasonable period of time as stipulated in the written notification, contract suspension or termination procedures will be initiated.

IV. GENERAL PROVISIONS
A. Non-Discrimination.

5. SUBRECIPIENT agrees to comply with Section 504 of the Rehabilitation Act of 1973, which requires that no otherwise qualified individual with a disability in the United States, shall, solely by reason of his or her disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial City Council 26 – 86 5/3/2022
11 assistance or under any program or activity conducted by any executive agency or by the United States Postal Service.

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.

D. Prohibition of Nepotism. SUBRECIPIENT agrees not to hire or permit the hiring of any person to fill a position funded through this Agreement if a member of that person’s immediate family is employed in an administrative capacity by SUBRECIPIENT. For the purposes of this City Council 26 – 87 5/3/2022
12 section, the term “immediate family” means spouse, child, mother, father, brother, sister, brother-inlaw, sister-in-law, father-in-law, mother-in-law, son-in-law, daughter-in-law, aunt, uncle, niece, nephew, stepparent and stepchild. The term “administrative capacity” means having selection, hiring, supervisor or management responsibilities.

E. Notices. Notices to the parties shall, unless otherwise requested in writing, be sent by U.S. Mail, postage prepaid, and addressed as follows:

TO CITY: City of Santa Ana
Lisa Rudloff
Executive Director
Parks, Recreation and Community Services Agency
20 Civic Center Plaza
P.O. Box 1988
Santa Ana, California 92702-1988
TO SUBRECIPIENT:

Backhausdance
Attn: Jennifer Backhaus
Artistic Director / Founder
P.O. Box 5890
Orange, CA 92863
F. Assignability. None of the duties of, or work to be performed by, SUBRECIPIENT under this Agreement shall be subcontracted or assigned to any agency, consultant, or person without the prior written consent of CITY. SUBRECIPIENT must submit all subcontracts and other agreements that relate to this Agreement to CITY. No subcontract or assignment shall terminate or alter the legal obligations of SUBRECIPIENT pursuant to this Agreement.

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.

City Council 26 – 88 5/3/2022
13 a. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as:

City Council 26 – 89 5/3/2022
14 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.

The policy language shall provide, or be endorsed to provide, that the selfinsured 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 provided for at least five (5) years after completion of the contract of work.

City Council 26 – 90 5/3/2022
15 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.

5. The grant of funds under this Agreement may be terminated due to the nonperformance of SUBRECIPIENT and/or failure of SUBRECIPENT to perform the work described in Exhibit A.

6. The grant of funds under this Agreement may be terminated due to the failure of the CITY to receive sufficient or anticipated funding for the ARPA program for any term subject to this Agreement.

City Council 26 – 91 5/3/2022
16 J. Limitation of Funds. The United States of America may in the future place programmatic or fiscal limitations on the use of ARPA SLFRF Funds, which limitations are not presently anticipated. Accordingly, CITY reserves the right to revise this Agreement in order to take account of actions affecting ARPA program funding. In the event of funding reduction, CITY may, in its sole and absolute discretion, reduce the budget of this Agreement, may limit the rate of SUBRECIPIENT’s authority to utilize funds, or may restrict SUBRECIPIENT’s use of uncommitted funds. Where CITY has been directed to implement a reduction in funding, with respect to funding for this Agreement, CITY’s City Manager or delegate is authorized to act for CITY in implementing and effecting such a reduction and in revising, modifying, or amending the Agreement for such purposes. If such a reduction in funding occurs, SUBRECIPIENT shall be permitted to de-scope accordingly. Where CITY has reasonable grounds to question SUBRECIPIENT’s fiscal accountability or compliance with this Agreement, CITY may suspend the operation of this Agreement for up to sixty (60) days upon five (5) days written notice to SUBRECIPIENT of its intention to so act, pending an audit or other resolution of such questions. In no event, however, shall any revisions made by CITY affect expenditures and legally binding commitments made by SUBRECIPIENT before it received notice of such revision, provided that such amounts have been committed in good faith and are otherwise allowable and that such commitments are consistent with ARPA SLFRF Funds withdrawal guidelines.

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.

City Council 26 – 92 5/3/2022
17 O. Federal Award Identification Information. SUBRECIPIENT’s pertinent Federal Award Identification Information, including DUNS Number and Federal Award Identification Number (FAIN), as well as the applicable information for ARPA, are included in Exhibit C attached hereto and incorporated herein by this reference.

P. Miscellaneous Provisions.

2. All Exhibits and Attachments referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement.

3. This Agreement must be signed below and may be signed in counterpart and delivered by fax, email as a PDF (Portable Document Format) file attachment, or by other means that displays the original or a copy of the signatures. Any subsequent amendments may be signed and delivered in the same manner.
{Signatures on following page}
City Council 26 – 93 5/3/2022
18 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:

LISA RUDLOFF JENNIFER BACKHAUS
Executive Director Artistic Director / Founder
Parks, Recreation and Community Services Agency DUNS #: 140439295 City Council 26 – 94 5/3/2022

EXHIBIT A

SCOPE OF WORK
19 City Council 26 – 95 5/3/2022
Revive Santa Ana Youth Program RFP No: 21-116A Proposal The Dance for Kindness Project: youth athletic/sports program July 1, 2022 - June 30, 2023
Scope of Work
Program Description/Overview
Backhausdance, Orange County's award-winning contemporary dance company and experienced teaching artists will partner with Santa Ana Unified School District’s (SAUSD) Special Projects/ Wellness and Athletics Department and SAUSD Arts, designated as an arts equity district, to present an innovative athletic program entitled Dance for Kindness, July 2022- June 2023. The goal of this unique collaboration, responding to the critical needs of youth who have experienced trauma and loss due to the serious isolation and economic crisis of the prolonged global pandemic, is to improve students’ physical, social-emotional, mental health conditions and inspire academic learning capabilities in two (2) K-5 elementary schools located in different geographic locations of Santa Ana, targeting the most disproportionately impacted youth. Dance for Kindness will provide rigorous and adaptive skill-based athletic workshops centered around themes of empathy, character building, anti-bullying, non-verbal and verbal communication, putting forth your best effort, and teamwork to expand socialization and resiliency skills aligning with the foundations of youth development.

The program, to be held during the school day, will provide approximately 850 students with much-needed physical and athletic educational services, matching with the goals of the Revive Santa Ana Youth Programs and state and federal guidelines. The Dance for Kindness Project includes a series of six (6) 45-minute active workshops sessions for each grade level, K-5, for general and special education students, and assemblies for the entire school (approximately 90 workshops per school). Teacher planning and evaluation sessions will be held for each school.

The program will be launched with interactive assemblies for the entire school, demonstrating athleticism, physicality, emotional expression and the human connection. The fundamental basis of the elements of dance match closely with the attributes and core values of athletics, including strength and conditioning, discipline, teamwork, creativity, problem-solving, perseverance, flexibility, intention, expression, communication, and connecting with each other.

Backhausdance shares SAUSD’s goal of supporting the whole child to access learning in creative, joyful, and experiential ways that will shape leaders and dynamic thinkers who are the innovators of tomorrow in the global economy. Dance for Kindness is held in tandem with Santa Ana Unified School District’s annual “We Care Campaign,” designed to have a positive impact on the school’s culture and climate. The program will be customized specifically for each elementary school to provide expanded physical education for all, and integrates with CA Department of Education content standards in Physical Education, Dance,Socio-Emotional Learning Concepts, English/Language Arts, Science, Math and History/Social Sciences. Our initiative is built on the framework of renowned basketball Coach John Wooden’s “Pyramid of Success.” His definition of success for children: “Success is happiness in your heart because you made the effort 100% to do your best. All sessions and performances will be held on the school campus in person, or virtually, depending on the current City of Santa Ana and SAUSD COVID safety protocol.

Exhibit A 20
City Council 26 – 96 5/3/2022
Target Population and Unmet Needs
Backhausdance’s Dance for Kindness partnership program is targeted to Santa Ana children and youth who have been besieged by loss, economic hardship and dramatic change with distance learning during the time of our pandemic and its ripple effects. Physical education classes are not provided adequately during the school day, and participation in athletics and sports programs after school is an added financial expense that may cause a burden on families and limits youth who are able to fully participate. Regular fitness activity is essential for maintaining healthy body weight and preventing obesity. Dance for Kindness is designed to teach skills related to body, space, time and energy, bring joy and relief, to aid in the coping process, to relieve stress, and to learn the physicality and elements of creative movement.

Backhausdance will work with SAUSD Special Projects in Wellness and Athletics and SAUSD Arts to identify elementary schools that have limited if no access to athletics/physical education classes and where there are students who are under extreme socio-emotional duress.

Project Timeline and Deliverables
Month(s) Deliverable
July - August 2022 Planning, organization and school outreach August - September 2022 School partnership finalization, pre-assessment survey, lead planning workshop for teachers,
scheduling, customization
October - December 2022 Dance for Kindness workshop series and assemblies for SAUSD elementary school #1
December 2022 - January 2023 Evaluation and post-assessment, preparation of interim grant report
February - April 2023 Dance for Kindness workshop series and assemblies for SAUSD elementary school #2
February 2023 Participation in SAUSD We Care Campaign
March 2023 Dance for Kindness performance with students at annual Boca de Oro Festival
April - May 2023 Evaluation and post-assessment, grant
reporting; drafting of final grant report
May - June 2023 Project review, debriefing, and completion of grant report
Project Core Educational Values: Dance/Athletics/Physical Activity is… ● Can be done by anyone of any ability
● For everyone - is a natural activity and builds connections/community ● Makes us healthier and stronger; relieves stress
● Rigorous, requires effort to do it correctly and learn technique ● Expressive and communicative
Exhibit A 21
City Council 26 – 97 5/3/2022
● Involves body and spatial awareness (coordination, teamwork) ● Requires focus and perseverance
● Makes us smarter (is good for our brains/concentration) ● Builds confidence and anatomical awareness
● Is fun; is a form of play
Dance for Kindness Six-Session Workshop Series
Dance is interconnected with the same elements as athletics and physical education including body, action, space, time, energy (BASTE). Each 45-minute workshop will have a set structure, adapted for each age group and special needs for students, and will be developed as a six-session learning sequence/unit.

1. Theme/Ideas
● Workshops 1 & 2: Caring and Communication: Body and Action ● Workshops 2 & 3: Trust and Trustworthiness, Resilience: Body, Action, Space and Time
● Workshops 4 & 5: Teamwork, Responsibility and Self- Confidence:

Body, Action, Space, Time, and Energy
● Workshop 6: Respect, Empathy and Relationships: Body, Action, Space, Time and Energy

2. Ice-breaker (i.e. name game - each student says their name and chooses a body part to draw the first letter of their name)

3. Warm-Up - preparation to use our bodies safely; covers upper and lower body, side, cross lateral parts. Sequence includes: breathing and getting heart rate up (jumping jacks and other weight shifting, expanding and contracting (upper and lower body, head movements), flexibility - stretching hamstrings external rotation, strengthening (core, back, upper body), large range of motion in legs (lunges), vestibular (swings and double bounces), balancing.

4. Exploration - asking students: How can you move a particular part of your body? Demonstrate movement. Adapting as needed.

5. Skill - related to the specific workshop theme - teaching non-locomotor or axial movements; space such as levels, direction, place, space - close or apart, time - rhythm, counting, energy (movement quality - strong or sharp movement, light or flowing)

6. Create - using the skill that has been taught, the teaching artist will guide the class to create their own movement sequence. Movement vocabulary.

7. Analyze and Reflect - group interaction; review of vocabulary

8. Cool down - reminding students that this is a necessary part of being an athlete and staying fit - group activity of stretching and releasing Dance for Kindness Interactive Assembly
Students will participate in a 45-minute assembly at their school presented by Backhausdance company dancers to see a special contemporary dance performance that is athletic, demonstrates the human connection, involves them throughout the experience and introduces them to skills they will be learning in their workshops.

Backhausdance is committed to advancing equity, diversity and accessibility for all students through its core values and policies of inclusiveness and solidarity. Integral to our mission is to make a significant investment in the underserved and marginalized areas of our community to provide everyone with opportunities to reach their fullest potential and to be treated with dignity, respect and equality.

Exhibit A 22
City Council 26 – 98 5/3/2022

EXHIBIT B

FEE PAYMENT SCHEDULE
23 City Council 26 – 99 5/3/2022
Organization Name
Program Name
Term:

Funded By Funded By Budget Organization
$3,000 $3,000 $ 39,165
$21,700 $21,700 $ 218,370
$4,000 $4,000 $ 20,055
$1,300 $1,300
$0 $0
$0 $0
$0 $0
$0 $0
$0 $0
$0 $0
$30,000 $0 $30,000 $277,590
TOTAL $
Santa Ana REVIVE

PROGRAM RESOURCES
LIST ALL OTHER PROGRAM RESOURCES FOR 2022-2023
Funding Source Total must equal Program Budget Total listed above.

FUNDING SOURCE AMOUNT
TOTAL
Program Staff Salaries
Contractual Services
OtherJuly 1, 2022 to June 30, 2023

EXPENDITURES
Enter budget categories and projected expenditures:

Category
Administrative Staff Salaries
FISCAL YEAR 2022-2023

PROPOSED PROGRAM BUDGET
Backhausdance
The Dance for Kindness Project
Exhibit B 24
$30,000
$30,000
City Council 26 – 100 5/3/2022

ADMINISTRATIVE STAFF
Position Title Annual Salary & Benefits REVIVE Funds
Company Administrator $12,000 $1,200
Education and Community Engagement Director $12,000 $1,200 Marketing and Social Media Manager $6,000 $600

PROGRAM STAFF
Position Title Annual Salary & Benefits REVIVE Funds
Artistic Director $15,000 $1,050
Backhausdance company members/educators $65,000 $19,900 (company has 12 part-time dancers/employees)
Rehearsal and Education Coordinator $2,500 $750
Type of Service Contract Amount REVIVE Funds
Videographer, photographer, media services $12,000 $1,000 Graphic design, printing and postage $6,000 $1,000
Facility rental $20,000 $2,000

OTHER LINE ITEMS
Line Item Program Amount REVIVE Funds
Insurance: Liability, D&O, workers compensation $ 38,000.00 $1,300 2022-2023 REVIVE BUDGET LINE ITEMS

CONTRACTUAL/PROFESSIONAL SERVICES
Attachment 1(b)
Exhibit B
City Council
25 26 – 101 5/3/2022
Description
Financial oversight, payroll, insurance, contracts, grant invoicing Project liaison with SAUSD; program direction/management, grant reporting Project branding and promotion in compliance with SAUSD and City of Santa Ana guidelines Description
Project leadership and oversight; grant compliance
180 class sessions, 45 minutes each taught by 2 educators ($50/educator) = $18,000 4, 45-min. planning & evaluation sessions (2 per school), 2 educators ($50/educator) = $400 4, 45 min. assemblies (2 per school), 5 dancers ($75/dancer) per assembly = $1,500 Project curriculum assistance; scheduling, data collection Description
Project videography and photography for archival and grant documentation Project design, development, and production of digital and print materials Facility rental fee for project planning, development, rehearsing and refining Description

3.25 % of insurance for Backhausdance company
Exhibit B
City Council
26 26 – 102 5/3/2022

EXHIBIT C

FEDERAL AWARD IDENTIFICATION INFORMATION
The General Program Requirements were designed to provide the framework where the CONTRACTOR will provide ARPA programs identified in this attachment.

I. GOVERNANCE
The CONTRACTOR agrees to comply, remain informed, and deliver services consistent with the provisions of ARPA.

Where local policy has not been set, the CONTRACTOR agrees to adhere to state and/or federal policy, as appropriate.

II. GOVERNANCE REFERENCES
A. Additional state and federal agencies that provide funding to the CITY may be incorporated herein.

B. Information Bulletins, Directives, and any other federal and state guidance documents pertaining to the ARPA SLFRF Funds.

C. Actions, directives, and policy and procedures issued by the CITY.

D. CITY policies, as applicable.

III. CONTRACTOR/SUBRECIPIENT DETERMINATION:

FAIN INFORMATION
A. CONTRACTOR Name: BACKHAUSDANCE
B. CONTRACTOR’S Unique
Identifier (D-U-N-S): 140439295
C.

Federal Award
Identification Number
(FAIN):

SLFRP1059
D. Federal Award Date: 5/19/2021
E. Subaward Period of
Performance: 7/1/2022-6/30/2023
F.

Total Amount of Federal
Funds Obligated by the
Action:
$30,000
G.

Total Amount of Federal
Funds Obligated to the
CONTRACTOR:
$30,000
H. Total Amount of the
Federal Award: $64,180,406.50
I. Federal Award Project
Description:

EXHIBIT D

DEBARMENT
_____________________________________________________________________________ Certification Regarding
Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions
______________________________________________________________________________ _
This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 29 CFR Part 98, Section 98.5l0, Participants' responsibilities. The regulations were published as Part VII of the May 26, l988 Federal Register (pages l9l60-l92ll). (BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS FOR CERTIFICATION - Attached)
(l) The prospective recipient of federal assistance funds certifies, by submission of this proposal, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency.
(2) Where the prospective recipient of federal assistance funds is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

Jennifer Backhaus, Artistic Director
______________________________________________________________________________ _
Name and Title of Authorized Representative
____________________________ March 16, 2022__________________ Signature Date
29 City Council 26 – 105 5/3/2022

INSTRUCTIONS FOR CERTIFICATION

1. By signing and submitting this proposal, the prospective recipient of federal assistance funds is providing the certification as set out below.

You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations.

8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. 30 City Council 26 – 106 5/3/2022
The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 31 City Council 26 – 107 5/3/2022

EXHIBIT E

Backhausdance The Dance for Kindness Project
Grantee/Contactor Organization Program Title
Jennifer Backhaus March 16, 2022
Name of Certifying Officer Signature Date
33 City Council 26 – 109 5/3/2022
SUBRECIPIENT warrants the following:

1. SUBRECIPIENT will comply with Public Law 88-352, Title VI of the Civil Rights Act of 1964 (42 U. S. C. section 2000 et seq.) and implementing regulation in 24 CFR Part 1.

EXHIBIT F

CERTIFICATION
A. The contractor certifies that it will provide a drug-free workplace by:
(a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the contractor’s workplace and specifying the actions that will be taken against employees for violation of such prohibition;
(b) Establishing a drug-free awareness program to inform employees about – (1) The dangers of drug abuse in the workplace;
(2) The contractor’s policy of maintaining a drug-free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance program; and
(4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace;
(c) Making it a requirement that each employee who will be engaged in the performance of the grant be given a copy of the statement required by paragraph (a);
(d) Notifying the employee in the statement required by paragraph -(a) that, as a condition of employment under the contract, the employee will - (1) Abide by the terms of the statement; and
(2) Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction.
(e) Notifying the U.S. Department of Housing and Urban Development within ten 35 City Council 26 – 111 5/3/2022
days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such conviction;
(f) Taking one of the following actions, within 30 days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted - ( 1) Taking appropriate personnel action against such an employee, up to and including termination; or
(2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency;
(g) Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs (a), (b), (c), (d), (e) and (f).

Backhausdance
Organization
March 16, 2022
Authorized Signature Date
36 City Council 26 – 112 5/3/2022

PLACE OF PERFORMANCE

FOR CERTIFICATION REGARDING DRUG-FREE

WORKPLACE REQUIREMENTS
Name: Two SAUSD elementary schools (to be determined)
Date: September - October 2022 and January - February 2023 (dates to be confirmed) The Contractor shall insert in the space provided below the site(s) expected to be used for the performance of work under the contract covered by the certification:

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

Two SAUSD elementary schools to be determined
37 City Council 26 – 113 5/3/2022
1 AGREEMENT BETWEEN THE CITY OF SANTA ANA AND

COMMUNITY ACTION PARTNERSHIP OF ORANGE COUNTY FOR USE OF

AMERICAN RESCUE PLAN ACT (ARPA) FUNDS
This Agreement is hereby made and entered into this 3rd day of May, 2022 by and between the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“CITY”), and Community Action Partnership of Orange County, a California domestic nonprofit corporation (“SUBRECIPIENT” or “CONTRACTOR”).

RECITALS:

I. ARPA PROGRAM PROVISIONS
A. Scope of Work. SUBRECIPIENT shall be responsible for the specific tasks and services of said program, and agrees to administer said program in compliance with the tasks and City Council 26 – 114 5/3/2022
2 services as described in the Scope of Work attached hereto as Exhibit A. SUBRECIPIENT’s failure to perform as required may, in addition to other remedies set forth in this Agreement, result in readjustment of the amount of funds for said program or termination of this Agreement.

Additionally, the Term of this Agreement may be extended by a writing executed by the City Manager, or designee, and the City Attorney.

C. Amount of Grant Funding. The total amount of funds provided for said program shall not exceed Sixty-Five Thousand Dollars and Zero Cents ($65,000) (“ARPA SLFRF Funds”) during the Term of the Agreement. SUBRECIPIENT agrees to use said ARPA SLFRF Funds to administer said program as outlined in Exhibit A.

City Council 26 – 115 5/3/2022
3 E. Grant Program Requirements.
(1) SUBRECIPIENT acknowledges that the source of funding for said program is the federal ARPA, and that payments from the ARPA SLFRF Funds are only to be used to make necessary expenditures incurred due to the public health emergency with respect to COVID-19. (2) SUBRECIPIENT acknowledges that ARPA provisions allow the use of ARPA 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) SUBRECIPIENT shall follow the process and determination of eligibility for participants in said program as outlined in Exhibit A.

City Council 26 – 116 5/3/2022
4 G. Audit.
(1) SUBRECIPIENT shall maintain complete and accurate records and supporting documentation to facilitate financial and/or program audits by CITY. This requirement shall apply to any records and documentation CITY shall reasonably require or as required to be maintained pursuant to the ARPA regulations.
(2) The books and accounts, files, and other records of SUBRECIPIENT, which are applicable to this Agreement, shall be available for inspection, review, and audit during normal business hours by CITY to determine the proper application and use of all ARPA SLFRF Funds provided to or for the account or benefit of SUBRECIPIENT. (3) SUBRECIPIENT assumes responsibility for reimbursement to CITY a sum of money equivalent to the amount of any expenditures disallowed should the CITY, or an authorized agency, rule through audit, exception, or some other appropriate means, that expenditures from funds allocated to SUBRECIPIENT for direct and/or administrative costs were not made in compliance with the applicable cost principles, regulations, or the provisions of this Agreement. (4) SUBRECIPIENT agrees to comply with the requirements of OMB Uniform Guidance 2 CFR Part 200. SUBRECIPIENT further agrees to provide CITY with a copy of completed independent auditors’ report within thirty (30) days of CITY’s request for such report. If the report contains instances of non-compliance with federal laws and regulations that bear directly on the performance or administration of this Agreement, SUBRECIPIENT shall provide CITY copies of responses to auditors’ reports, a plan for corrective action, and auditors’ response that the noncompliance has been resolved. All reports prepared in accord with the requirements of OMB Uniform Guidance 2 CFR Part 200 shall be available for inspection by representatives of CITY or the federal government during normal business hours.
(5) All accounting records, reports, and evidence pertaining to all costs, expenses and the ARPA SLFRF Funds of SUBRECIPIENT and all documents related to this Agreement shall be maintained and kept available at SUBRECIPIENT’S office or place of business for the duration of the Agreement and thereafter for five (5) years from the date of final payment under this Agreement. Records which relate to: (a) complaints, claims, administrative proceedings or litigation arising out of the performance of this Agreement; or, (b) costs and expenses of this Agreement to which CITY or any other governmental agency takes exception, shall be retained beyond the five (5) years until complete resolution or disposition of such appeals, litigation claims, or exceptions. In the event SUBRECIPIENT does not make the above-referenced documents available within the City of Santa Ana, California, SUBRECIPIENT agrees to pay all necessary and reasonable expenses incurred by CITY in conducting any audit at the location where said records and books of account are maintained.

H. Ownership/Use of Materials. SUBRECIPIENT agrees that all materials, reports or products in any form, including electronic, created by SUBRECIPIENT for which SUBRECIPIENT has been compensated pursuant to this Agreement shall be the sole property of the CITY. The material, reports, or products may be used by the CITY for any purpose that the CITY deems to be appropriate, including, but not limit to, duplication and/or distribution within City Council 26 – 117 5/3/2022
5 the CITY or to third parties. SUBRECIPIENT agrees not to release or circulate in whole or part such materials, reports, or products without prior written authorization of the CITY.

City Council 26 – 118 5/3/2022
6 (6) No Pending Legal Proceedings. SUBRECIPIENT is not the subject of a current or threatened litigation that would or may materially affect SUBRECIPIENT’S performance under this Agreement.
(7) Proposal Veracity. All provisions of and information provided in SUBRECIPIENT’s proposal submitted to CITY, including any exhibits, are true and correct in all material respects.
(8) No Pending Investigation. SUBRECIPIENT has no knowledge that it is the subject of any current or threatened criminal or civil action investigation by any public agency, including without limitation a police agency or prosecuting authority, which would relate to or affect performance of the Agreement or provision of services hereunder.

B. Licensing. SUBRECIPIENT agrees to obtain and maintain all required licenses, registrations, accreditation and inspections from all agencies governing its operations.

SUBRECIPIENT shall provide CITY with a copy of said audit by April 1 of the year following the program year in which this Agreement is executed.

City Council 26 – 119 5/3/2022
7 F. Compliance with Law/Program Income. SUBRECIPIENT acknowledges that the funds being provided by CITY for said program are received by CITY pursuant to ARPA, and that distribution and expenditure of these ARPA 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 SUBRECIPIENT shall be returned to CITY, unless otherwise provided for in this Agreement.

I. Independent Contractor. SUBRECIPIENT agrees that the performance of obligations hereunder is rendered in its capacity as an independent contractor and that it is in no way an agent of CITY.

City Council 26 – 120 5/3/2022
8 L. Prohibited Use. SUBRECIPIENT hereby certifies and agrees that it will not use ARPA SLFRF Funds provided through this Agreement to pay for entertainment, meals or gifts, or other prohibited uses.

City Council 26 – 121 5/3/2022
9 P. Equal Employment Opportunities. SUBRECIPIENT shall make every effort to ensure that all projects funded wholly or in part by ARPA SLFRF Funds shall provide equal employment opportunities for minorities and women.

R. Drug Free Workplace. SUBRECIPIENT agrees to provide a drug-free workplace and to execute a certification as set forth in Exhibit F attached hereto and incorporated herein by this reference.

C. Project Expectations: CITY shall monitor the performance of SUBRECIPIENT against goals and performance standards required herein. The SUBRECIPIENT shall be responsible to accomplish the project expectations as set forth in Exhibit A, and report such results to the CITY. If the SUBRECIPIENT estimates such goals will not be met, the SUBRECIPIENT is to contact the CITY, at which time the CITY will determine if any adjustments to the grant award is appropriate. Substandard performance as determined by the CITY will constitute noncompliance with this Agreement. Should the CITY determine that the SUBRECIPIENT has not City Council 26 – 122 5/3/2022
10 performed its obligations as stated in this contract in a satisfactory manner, or if the CITY determines that insufficient supporting information has been submitted, the CITY shall notify the SUBRECIPIENT in writing of its determination specifying in full detail the objections that it has to the SUBRECIPIENT’s performance. If action to correct such substandard performance is not taken by the SUBRECIPIENT after being notified by the CITY, within a reasonable period of time as stipulated in the written notification, contract suspension or termination procedures will be initiated.

IV. GENERAL PROVISIONS
A. Non-Discrimination.

5. SUBRECIPIENT agrees to comply with Section 504 of the Rehabilitation Act of 1973, which requires that no otherwise qualified individual with a disability in the United States, shall, solely by reason of his or her disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial City Council 26 – 123 5/3/2022
11 assistance or under any program or activity conducted by any executive agency or by the United States Postal Service.

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.

D. Prohibition of Nepotism. SUBRECIPIENT agrees not to hire or permit the hiring of any person to fill a position funded through this Agreement if a member of that person’s immediate family is employed in an administrative capacity by SUBRECIPIENT. For the purposes of this City Council 26 – 124 5/3/2022
12 section, the term “immediate family” means spouse, child, mother, father, brother, sister, brother-inlaw, sister-in-law, father-in-law, mother-in-law, son-in-law, daughter-in-law, aunt, uncle, niece, nephew, stepparent and stepchild. The term “administrative capacity” means having selection, hiring, supervisor or management responsibilities.

E. Notices. Notices to the parties shall, unless otherwise requested in writing, be sent by U.S. Mail, postage prepaid, and addressed as follows:

TO CITY: City of Santa Ana
Lisa Rudloff
Executive Director
Parks, Recreation and Community Services Agency
20 Civic Center Plaza
P.O. Box 1988
Santa Ana, California 92702-1988
TO SUBRECIPIENT:

Community Action Partnership of Orange County
Gregory C. Scott
President & CEO
11870 Monarch Street
Garden Grove, CA 92841-3902
F. Assignability. None of the duties of, or work to be performed by, SUBRECIPIENT under this Agreement shall be subcontracted or assigned to any agency, consultant, or person without the prior written consent of CITY. SUBRECIPIENT must submit all subcontracts and other agreements that relate to this Agreement to CITY. No subcontract or assignment shall terminate or alter the legal obligations of SUBRECIPIENT pursuant to this Agreement.

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 City Council 26 – 125 5/3/2022
13 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:

City Council 26 – 126 5/3/2022
14 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.

The policy language shall provide, or be endorsed to provide, that the selfinsured 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 provided for at least five (5) years after completion of the contract of 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 City Council 26 – 127 5/3/2022
15 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.

5. The grant of funds under this Agreement may be terminated due to the nonperformance of SUBRECIPIENT and/or failure of SUBRECIPENT to perform the work described in Exhibit A.

6. The grant of funds under this Agreement may be terminated due to the failure of the CITY to receive sufficient or anticipated funding for the ARPA program for any term subject to this Agreement.

7. In the event this Agreement is terminated as set forth in subparagraphs I(1) through I(6), inclusive, SUBRECIPIENT agrees to immediately return to CITY upon CITY's demand City Council 26 – 128 5/3/2022
16 and prior to any adjudication of SUBRECIPIENT’s rights, any and all funds not used, and to comply with the Reversion of Assets requirements in this Agreement.

J. Limitation of Funds. The United States of America may in the future place programmatic or fiscal limitations on the use of ARPA SLFRF Funds, which limitations are not presently anticipated. Accordingly, CITY reserves the right to revise this Agreement in order to take account of actions affecting ARPA program funding. In the event of funding reduction, CITY may, in its sole and absolute discretion, reduce the budget of this Agreement, may limit the rate of SUBRECIPIENT’s authority to utilize funds, or may restrict SUBRECIPIENT’s use of uncommitted funds. Where CITY has been directed to implement a reduction in funding, with respect to funding for this Agreement, CITY’s City Manager or delegate is authorized to act for CITY in implementing and effecting such a reduction and in revising, modifying, or amending the Agreement for such purposes. If such a reduction in funding occurs, SUBRECIPIENT shall be permitted to de-scope accordingly. Where CITY has reasonable grounds to question SUBRECIPIENT’s fiscal accountability or compliance with this Agreement, CITY may suspend the operation of this Agreement for up to sixty (60) days upon five (5) days written notice to SUBRECIPIENT of its intention to so act, pending an audit or other resolution of such questions. In no event, however, shall any revisions made by CITY affect expenditures and legally binding commitments made by SUBRECIPIENT before it received notice of such revision, provided that such amounts have been committed in good faith and are otherwise allowable and that such commitments are consistent with ARPA SLFRF Funds withdrawal guidelines.

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.

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 City Council 26 – 129 5/3/2022
17 performed by the other shall not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or agreement herein contained.

O. Federal Award Identification Information. SUBRECIPIENT’s pertinent Federal Award Identification Information, including DUNS Number and Federal Award Identification Number (FAIN), as well as the applicable information for ARPA, are included in Exhibit C attached hereto and incorporated herein by this reference.

P. Miscellaneous Provisions.

2. All Exhibits and Attachments referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement.

3. This Agreement must be signed below and may be signed in counterpart and delivered by fax, email as a PDF (Portable Document Format) file attachment, or by other means that displays the original or a copy of the signatures. Any subsequent amendments may be signed and delivered in the same manner.
{Signatures on following page}
City Council 26 – 130 5/3/2022
18 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: BRANDON SALVATIERRA
Deputy City Attorney
RECOMMENDED FOR APPROVAL: SUBRECIPIENT:
______________________________ ______________________________ LISA RUDLOFF GREGORY C. SCOTT
Executive Director President & CEO
Parks, Recreation and Community Services Agency DUNS #: 039729835 City Council 26 – 131 5/3/2022

EXHIBIT A

SCOPE OF WORK
19 City Council 26 – 132 5/3/2022
Scope of Work

1. Proposal shall include details of the youth program/service to be provided, the tasks to be accomplished, duration of the program (proposals may be up to two years) and the deliverables to be provided.

Community Action Partnership Orange County proposes to implement a new and innovative academic tutoring and mentorship youth program in Santa Ana to address disparities in academic achievement and social and emotional learning (SEL) exacerbated by the COVID-19 pandemic. Over the course of 12 months this program will provide elementary-aged students with after-school tutoring three days per week, homework help and targeted activities designed to support SEL. The program will also provide their parents with resources and services available through our existing programs.

Recognizing the need to engage students of various age groups in academically stimulating experiences, CAP OC will utilize a cohort of teenagers from our Elevate Youth program based at Santa Ana High School to provide the tutoring services, with training and guidance from staff.

Elevate Youth, which currently has 30 high school participants, is itself an innovative substance program centered on substance abuse prevention. Through this program, CAP OC provides a peer-education model that includes the development of leadership skills, strategies related to policy, systems, and environmental change, as well as a restorative justice component.

Elevate Youth program participants will commit to serving as tutors/peer mentors for at least six months. The 8-10 youth will meet twice per week with CAP OC staff to be trained as tutors and peer mentors, focusing on the development of their knowledge and skills pertaining to: an understanding of the academic achievement gap in Santa Ana; best practices and strategies in tutoring elementary school students; how to best engage students through interactive activities and accessing various learning modalities (e.g. visual, kinetic, verbal, etc.); developing and maintaining appropriate boundaries; and providing strength-based support and feedback. Once trained, each tutor/mentor will be paired with one to two students. Staff will have conducted the initial intake/assessments with the students; however, the tutors/peer mentors will work with the students and their parents to develop one to three goals. The tutors/mentors will meet with the students three times per week (Monday, Wednesday, and Friday) for one hour each time and will track progress towards goal achievement. To support the tutors/mentors, staff will meet with them once a week, either in-person or virtually. Every month the staff will also facilitate a group meeting with all the tutors/mentors to share best practices, troubleshoot challenges and support each other’s development. The program will run year-round. The summer months will provide an opportunity for students to catch up academically. During the summer there will be opportunities for field trips and increased social emotional learning.

Students will be able to participate in the SWCC Christmas in July program operated by college interns from Norte Dame. The program encourages youth to volunteer in their community and provides a holiday event at the end of July to culminate the program.

As an added level of support, CAP OC will also recruit college students as interns to meet with the tutors/mentors at least monthly (individually and/or as a group) to provide encouragement and guidance. The college interns will also be trained to provide tutoring/mentorship to fill-in Exhibit A 20
City Council 26 – 133 5/3/2022
any gaps in service provision, as is necessary. The college interns will also work with the tutors/mentors to explore higher education environments. In combination with the other Elevate Youth program participants, these teens will visit college campuses and review the college application timeline and process. CAP OC has a successful history of engaging college students as interns from a variety of institutions including UCI, Cal State Long Beach, Notre Dame, and more.

CAP OC will deliver services at our Southwest Community Center (SWCC) in Santa Ana. SWCC offers a signature hot meal program for homeless clients and emergency food assistance and services for low-income housed individuals and families. The center also offers food, rental and utility assistance, diapers, free tax services, and coordinated referrals.

Staffing to support the implementation of the program include a half-time Program Coordinator, Gabriella Gregg, MPH; and in-kind program oversight provided by CAP OC’s Director of Community Partnerships and Community Services, Dolores Barrett.

2. Proposal shall include details of the target population The target population consists of two-tiers of Santa Ana youth, 1) elementary students, the majority of whom will be referred from George Washington Carver Elementary School, RomeroCruz Academy and John C. Fremont Elementary School; and 2) Santa Ana high-school students who are already engaged in CAP OC’s Elevate Youth program. Specifically, CAP OC will provide academic tutoring, homework help and SEL activities to 15-20 elementary students (ages 5-12); and training, guidance and college preparatory activities to 8-10 high school students (ages 13- 18).

3. Proposal shall include details of the unmet need
Santa Ana public schools, like many public schools across the country, have been plagued by academic achievement disparities across race and socio-economic status for years. According to the California Department of Education (Ed-Data.org), during the 2018-2019 school year, the last year for which data are available, a higher percentage of Hispanic and Black/African American students did not meet the standards for English Language Arts or math, compared to white students. Students who were economically marginalized were also less likely to achieve standards compared to other students.

Unfortunately, the pandemic and related school shutdowns and shift to remote learning have worsened these existing disparities. A McKinsey and Company report (2021) which analyzed assessment results of more than 1.6 million elementary school students across the country, found the following:
• By the end of the 2020-2021 school year, students were on average, five months behind in math and four months behind in reading
• Schools that were majority Hispanic or Black, were 6 months behind in both subjects, while schools that were majority white, were four months behind Exhibit A 21
City Council 26 – 134 5/3/2022
• Schools where families’ average household incomes were less than $25,000 were seven and six months behind, respectively
Of course, academic learning was not the only thing that the pandemic took from young people - many also lost stability and security, and some even lost family members. In a related McKinsey and Company survey of parents across the country, 35% said they were very or extremely concerned about their child’s mental health, with a similar proportion worried about their child’s social and emotional well-being. The youth of Santa Ana may be particularly impacted by these losses, given that the city bears the burden of the pandemic, representing 10% of the county population, but 16% of the COVID-19 cases to date.

4. Proposal shall include details of collaborations with local organizations To implement the proposed program, we will collaborate with the George Washington Carver Elementary School, Romero-Cruz Academy and John C. Fremont Elementary School to assist with recruitment of students.

5. Proposal shall include details of innovation in program/service delivery The proposed program is innovative in that it meets the academic and SEL needs of younger children by engaging, training, and using the skills of older youth. In doing so, the high school students also develop new skills and are exposed to new career opportunities. By adding a third tier of college interns to provide guidance and support for the teenagers, they are further motivated and prepone ared to explore collegiate opportunities.

Exhibit A 22
City Council 26 – 135 5/3/2022

EXHIBIT B

FEE PAYMENT SCHEDULE
23 City Council 26 – 136 5/3/2022
Organization Name
Program Name
Term:

Expenditures
Funded By
Santa Ana
REVIVE Funds
Expenditures
Funded By
Other Sources
Program
Budget
Total
Organization
Budget
$0 $0 $ 2,099,858
$44,850 $ 14,950 $59,800 $ 8,582,408
$0 $0 $ 4,984,560
$3,500 $3,500 $ 1,175,316
$6,000 $6,000 $ 251,969
$1,200 $1,200 $ 160,000
$1,200 $1,200 $ 60,000
$2,341 $2,341 $ 955,316
$5,909 $5,909 $ 1,400,000
$0 $0 $ 15,500,770
$65,000 $14,950 $79,950 $35,170,197
TOTAL $ 79,950
Transportation
FISCAL YEAR 2022-2023

PROPOSED PROGRAM BUDGET
Community Action Partnership of Orange County
Southwest Community Center After School Youth Program (Revive)

EXPENDITURES
Enter budget categories and projected expenditures:

Category
Administrative Staff Salaries
Program Staff Salaries
Contractual Services
Other- Materials
July 1, 2022 to June 30, 2023
Funding Source Total must equal Program Budget Total listed above.

Technology
Software
General Supplies
Indirect
TOTAL
Operations and Occupancy

PROGRAM RESOURCES
LIST ALL OTHER PROGRAM RESOURCES FOR 2022-2023
CSBG Funding

FUNDING SOURCE
Santa Ana REVIVE
$ 14,950
AMOUNT
$ 65,000
Exhibit B 24
City Council 26 – 137 5/3/2022

ADMINISTRATIVE STAFF
Position Title Annual Salary & Benefits REVIVE Funds Description

PROGRAM STAFF
Position Title Annual Salary & Benefits REVIVE Funds Description Program Coordinator 14,950 44,850 (0.75 FTE @ $23 per hour) Type of Service Contract Amount REVIVE Funds Description

OTHER LINE ITEMS
Line Item Program Amount REVIVE Funds Description
After School Materials $3,500
Transportation $6,000 College Trips
Technology $1,200
Software $1,200
General Supplies $2,341
Indirect $5,909 OMB De Minimis Rate
2022-2023 REVIVE BUDGET LINE ITEMS

CONTRACTUAL/PROFESSIONAL SERVICES
Attachment 1(b)
Exhibit B 25
City Council 26 – 138 5/3/2022

EXHIBIT C

FEDERAL AWARD IDENTIFICATION INFORMATION
The General Program Requirements were designed to provide the framework where the CONTRACTOR will provide ARPA programs identified in this attachment.

I. GOVERNANCE
The CONTRACTOR agrees to comply, remain informed, and deliver services consistent with the provisions of ARPA.

Where local policy has not been set, the CONTRACTOR agrees to adhere to state and/or federal policy, as appropriate.

II. GOVERNANCE REFERENCES
A. Additional state and federal agencies that provide funding to the CITY may be incorporated herein.

B. Information Bulletins, Directives, and any other federal and state guidance documents pertaining to the ARPA SLFRF Funds.

C. Actions, directives, and policy and procedures issued by the CITY.

D. CITY policies, as applicable.

III. CONTRACTOR/SUBRECIPIENT DETERMINATION:

In accordance with the requirements of 2 CFR 200.330 (Subrecipient and Contractor determination) and for the purpose of this CONTRACT, SUBRECIPIENT is determined to be a CONTRACTOR.
26 City Council 26 – 139 5/3/2022
IV. FEDERAL AWARD IDENTIFICATION

FAIN INFORMATION
A. CONTRACTOR Name: COMMUNITY ACTION PARTNERSHIP OF ORANGE COUNTY
B. CONTRACTOR’S Unique
Identifier (D-U-N-S): 039729835
C.

Federal Award
Identification Number
(FAIN):

SLFRP1059
D. Federal Award Date: 5/19/2021
E. Subaward Period of
Performance: 7/1/2022-6/30/2023
F.

Total Amount of Federal
Funds Obligated by the
Action:
$65,000
G.

Total Amount of Federal
Funds Obligated to the
CONTRACTOR:
$65,000
H. Total Amount of the
Federal Award: $64,180,406.50
I. Federal Award Project
Description:

EXHIBIT D

Gregory C. Scott, President & CEO
_______________________________________________________________________________ Name and Title of Authorized Representative
3/16/2022
_______________________________________________________________________________ Signature Date
28 City Council 26 – 141 5/3/2022

INSTRUCTIONS FOR CERTIFICATION

1. By signing and submitting this proposal, the prospective recipient of federal assistance funds is providing the certification as set out below.

EXHIBIT E

Community Action Partnership of Orange County SWCC Youth Program Grantee/Contactor Organization Program Title
Gregory C. Scott 3/16/2022
Name of Certifying Officer Signature Date
31 City Council 26 – 144 5/3/2022
SUBRECIPIENT warrants the following:

1. SUBRECIPIENT will comply with Public Law 88-352, Title VI of the Civil Rights Act of 1964 (42 U. S. C. section 2000 et seq.) and implementing regulation in 24 CFR Part 1.

EXHIBIT F

CERTIFICATION
A. The contractor certifies that it will provide a drug-free workplace by:
(a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the contractor’s workplace and specifying the actions that will be taken against employees for violation of such prohibition;
(b) Establishing a drug-free awareness program to inform employees about – (1) The dangers of drug abuse in the workplace;
(2) The contractor’s policy of maintaining a drug-free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance program; and
(4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace;
(c) Making it a requirement that each employee who will be engaged in the performance of the grant be given a copy of the statement required by paragraph (a);
(d) Notifying the employee in the statement required by paragraph -(a) that, as a condition of employment under the contract, the employee will - (1) Abide by the terms of the statement; and
(2) Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction. (e) Notifying the U.S. Department of Housing and Urban Development within ten days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such conviction;
33 City Council 26 – 146 5/3/2022
(f) Taking one of the following actions, within 30 days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted - ( 1) Taking appropriate personnel action against such an employee, up to and including termination; or
(2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency;
(g) Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs (a), (b), (c), (d), (e) and (f).

Community Action Partnership of Orange County
Organization
3/16/2022
Authorized Signature Date
34 City Council 26 – 147 5/3/2022

PLACE OF PERFORMANCE

FOR CERTIFICATION REGARDING DRUG-FREE

WORKPLACE REQUIREMENTS
Name: Community Action Partnership of Orange County
Date: March 16, 2022
The Contractor shall insert in the space provided below the site(s) expected to be used for the performance of work under the contract covered by the certification:

Place of Performance (include street address, city, county, state, zip code for each site):
1601 W. 2nd Street
Santa Ana, CA 92703
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1 AGREEMENT BETWEEN THE CITY OF SANTA ANA AND

LATINO HEALTH ACCESS FOR USE OF

AMERICAN RESCUE PLAN ACT (ARPA) FUNDS
This Agreement is hereby made and entered into this 3rd day of May, 2022, by and between the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“CITY”), and Latino Health Access, a California domestic nonprofit corporation (“SUBRECIPIENT” or “CONTRACTOR”).

RECITALS:

I. ARPA PROGRAM PROVISIONS
A. Scope of Work. SUBRECIPIENT shall be responsible for the specific tasks and services of said program, and agrees to administer said program in compliance with the tasks and services as described in the Scope of Work attached hereto as Exhibit A. SUBRECIPIENT’s failure DocuSign Envelope ID: 098D4B61-B495-429F-BABC-0AF46D368454 City Council 26 – 292 5/3/2022
2 to perform as required may, in addition to other remedies set forth in this Agreement, result in readjustment of the amount of funds for said program or termination of this Agreement.

B. Term of Agreement. Term of Agreement. The term of said Agreement shall commence on July 1st, 2022, and continue through June 30, 2023 (“Term”), unless terminated earlier pursuant to the terms of this Agreement. This Agreement shall also cover any and all services provided by the SUBRECIPIENT to the CITY since the date the ARPA 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.

DocuSign Envelope ID: 098D4B61-B495-429F-BABC-0AF46D368454 City Council 26 – 293 5/3/2022
3 E. Grant Program Requirements.
(1) SUBRECIPIENT acknowledges that the source of funding for said program is the federal ARPA, and that payments from the ARPA SLFRF Funds are only to be used to make necessary expenditures incurred due to the public health emergency with respect to COVID-19. (2) SUBRECIPIENT acknowledges that ARPA provisions allow the use of ARPA 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) SUBRECIPIENT shall follow the process and determination of eligibility for participants in said program as outlined in Exhibit A.

DocuSign Envelope ID: 098D4B61-B495-429F-BABC-0AF46D368454 City Council 26 – 294 5/3/2022
4 G. Audit.
(1) SUBRECIPIENT shall maintain complete and accurate records and supporting documentation to facilitate financial and/or program audits by CITY. This requirement shall apply to any records and documentation CITY shall reasonably require or as required to be maintained pursuant to the ARPA regulations.
(2) The books and accounts, files, and other records of SUBRECIPIENT, which are applicable to this Agreement, shall be available for inspection, review, and audit during normal business hours by CITY to determine the proper application and use of all ARPA SLFRF Funds provided to or for the account or benefit of SUBRECIPIENT. (3) SUBRECIPIENT assumes responsibility for reimbursement to CITY a sum of money equivalent to the amount of any expenditures disallowed should the CITY, or an authorized agency, rule through audit, exception, or some other appropriate means, that expenditures from funds allocated to SUBRECIPIENT for direct and/or administrative costs were not made in compliance with the applicable cost principles, regulations, or the provisions of this Agreement. (4) SUBRECIPIENT agrees to comply with the requirements of OMB Uniform Guidance 2 CFR Part 200. SUBRECIPIENT further agrees to provide CITY with a copy of completed independent auditors’ report within thirty (30) days of CITY’s request for such report. If the report contains instances of non-compliance with federal laws and regulations that bear directly on the performance or administration of this Agreement, SUBRECIPIENT shall provide CITY copies of responses to auditors’ reports, a plan for corrective action, and auditors’ response that the noncompliance has been resolved. All reports prepared in accord with the requirements of OMB Uniform Guidance 2 CFR Part 200 shall be available for inspection by representatives of CITY or the federal government during normal business hours.
(5) All accounting records, reports, and evidence pertaining to all costs, expenses and the ARPA SLFRF Funds of SUBRECIPIENT and all documents related to this Agreement shall be maintained and kept available at SUBRECIPIENT’S office or place of business for the duration of the Agreement and thereafter for five (5) years from the date of final payment under this Agreement. Records which relate to: (a) complaints, claims, administrative proceedings or litigation arising out of the performance of this Agreement; or, (b) costs and expenses of this Agreement to which CITY or any other governmental agency takes exception, shall be retained beyond the five (5) years until complete resolution or disposition of such appeals, litigation claims, or exceptions. In the event SUBRECIPIENT does not make the above-referenced documents available within the City of Santa Ana, California, SUBRECIPIENT agrees to pay all necessary and reasonable expenses incurred by CITY in conducting any audit at the location where said records and books of account are maintained.

H. Ownership/Use of Materials. SUBRECIPIENT agrees that all materials, reports or products in any form, including electronic, created by SUBRECIPIENT for which SUBRECIPIENT has been compensated pursuant to this Agreement shall be the sole property of the CITY. The material, reports, or products may be used by the CITY for any purpose that the CITY deems to be appropriate, including, but not limit to, duplication and/or distribution within DocuSign Envelope ID: 098D4B61-B495-429F-BABC-0AF46D368454 City Council 26 – 295 5/3/2022
5 the CITY or to third parties. SUBRECIPIENT agrees not to release or circulate in whole or part such materials, reports, or products without prior written authorization of the CITY.

DocuSign Envelope ID: 098D4B61-B495-429F-BABC-0AF46D368454 City Council 26 – 296 5/3/2022
6 (6) No Pending Legal Proceedings. SUBRECIPIENT is not the subject of a current or threatened litigation that would or may materially affect SUBRECIPIENT’S performance under this Agreement.
(7) Proposal Veracity. All provisions of and information provided in SUBRECIPIENT’s proposal submitted to CITY, including any exhibits, are true and correct in all material respects.
(8) No Pending Investigation. SUBRECIPIENT has no knowledge that it is the subject of any current or threatened criminal or civil action investigation by any public agency, including without limitation a police agency or prosecuting authority, which would relate to or affect performance of the Agreement or provision of services hereunder.

B. Licensing. SUBRECIPIENT agrees to obtain and maintain all required licenses, registrations, accreditation and inspections from all agencies governing its operations.

SUBRECIPIENT shall provide CITY with a copy of said audit by April 1 of the year following the program year in which this Agreement is executed.

DocuSign Envelope ID: 098D4B61-B495-429F-BABC-0AF46D368454 City Council 26 – 297 5/3/2022
7 F. Compliance with Law/Program Income. SUBRECIPIENT acknowledges that the funds being provided by CITY for said program are received by CITY pursuant to ARPA, and that distribution and expenditure of these ARPA 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 SUBRECIPIENT shall be returned to CITY, unless otherwise provided for in this Agreement.

I. Independent Contractor. SUBRECIPIENT agrees that the performance of obligations hereunder is rendered in its capacity as an independent contractor and that it is in no way an agent of CITY.

DocuSign Envelope ID: 098D4B61-B495-429F-BABC-0AF46D368454 City Council 26 – 298 5/3/2022
8 L. Prohibited Use. SUBRECIPIENT hereby certifies and agrees that it will not use ARPA SLFRF Funds provided through this Agreement to pay for entertainment, meals or gifts, or other prohibited uses.

DocuSign Envelope ID: 098D4B61-B495-429F-BABC-0AF46D368454 City Council 26 – 299 5/3/2022
9 P. Equal Employment Opportunities. SUBRECIPIENT shall make every effort to ensure that all projects funded wholly or in part by ARPA SLFRF Funds shall provide equal employment opportunities for minorities and women.

R. Drug Free Workplace. SUBRECIPIENT agrees to provide a drug-free workplace and to execute a certification as set forth in Exhibit F attached hereto and incorporated herein by this reference.

C. Project Expectations: CITY shall monitor the performance of SUBRECIPIENT against goals and performance standards required herein. The SUBRECIPIENT shall be responsible to accomplish the project expectations as set forth in Exhibit A, and report such results to the CITY. If the SUBRECIPIENT estimates such goals will not be met, the SUBRECIPIENT is to contact the CITY, at which time the CITY will determine if any adjustments to the grant award is appropriate. Substandard performance as determined by the CITY will constitute noncompliance with this Agreement. Should the CITY determine that the SUBRECIPIENT has not DocuSign Envelope ID: 098D4B61-B495-429F-BABC-0AF46D368454 City Council 26 – 300 5/3/2022
10 performed its obligations as stated in this contract in a satisfactory manner, or if the CITY determines that insufficient supporting information has been submitted, the CITY shall notify the SUBRECIPIENT in writing of its determination specifying in full detail the objections that it has to the SUBRECIPIENT’s performance. If action to correct such substandard performance is not taken by the SUBRECIPIENT after being notified by the CITY, within a reasonable period of time as stipulated in the written notification, contract suspension or termination procedures will be initiated.

IV. GENERAL PROVISIONS
A. Non-Discrimination.

5. SUBRECIPIENT agrees to comply with Section 504 of the Rehabilitation Act of 1973, which requires that no otherwise qualified individual with a disability in the United States, shall, solely by reason of his or her disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial DocuSign Envelope ID: 098D4B61-B495-429F-BABC-0AF46D368454 City Council 26 – 301 5/3/2022
11 assistance or under any program or activity conducted by any executive agency or by the United States Postal Service.

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.

D. Prohibition of Nepotism. SUBRECIPIENT agrees not to hire or permit the hiring of any person to fill a position funded through this Agreement if a member of that person’s immediate family is employed in an administrative capacity by SUBRECIPIENT. For the purposes of this DocuSign Envelope ID: 098D4B61-B495-429F-BABC-0AF46D368454 City Council 26 – 302 5/3/2022
12 section, the term “immediate family” means spouse, child, mother, father, brother, sister, brother-inlaw, sister-in-law, father-in-law, mother-in-law, son-in-law, daughter-in-law, aunt, uncle, niece, nephew, stepparent and stepchild. The term “administrative capacity” means having selection, hiring, supervisor or management responsibilities.

E. Notices. Notices to the parties shall, unless otherwise requested in writing, be sent by U.S. Mail, postage prepaid, and addressed as follows:

TO CITY: City of Santa Ana
Lisa Rudloff
Executive Director
Parks, Recreation and Community Services Agency
20 Civic Center Plaza
P.O. Box 1988
Santa Ana, California 92702-1988
TO SUBRECIPIENT:

Latino Health Access
America Bracho
Chief Executive Officer
450 W 4th St, Ste 130
Santa Ana, CA 92701-4562
F. Assignability. None of the duties of, or work to be performed by, SUBRECIPIENT under this Agreement shall be subcontracted or assigned to any agency, consultant, or person without the prior written consent of CITY. SUBRECIPIENT must submit all subcontracts and other agreements that relate to this Agreement to CITY. No subcontract or assignment shall terminate or alter the legal obligations of SUBRECIPIENT pursuant to this Agreement.

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 DocuSign Envelope ID: 098D4B61-B495-429F-BABC-0AF46D368454 City Council 26 – 303 5/3/2022
13 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:

DocuSign Envelope ID: 098D4B61-B495-429F-BABC-0AF46D368454 City Council 26 – 304 5/3/2022
14 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.

The policy language shall provide, or be endorsed to provide, that the selfinsured 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 provided for at least five (5) years after completion of the contract of 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 DocuSign Envelope ID: 098D4B61-B495-429F-BABC-0AF46D368454 City Council 26 – 305 5/3/2022
15 complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

I. Termination.

5. The grant of funds under this Agreement may be terminated due to the nonperformance of SUBRECIPIENT and/or failure of SUBRECIPENT to perform the work described in Exhibit A.

6. The grant of funds under this Agreement may be terminated due to the failure of the CITY to receive sufficient or anticipated funding for the ARPA program for any term subject to this Agreement.

7. In the event this Agreement is terminated as set forth in subparagraphs I(1) through I(6), inclusive, SUBRECIPIENT agrees to immediately return to CITY upon CITY's demand DocuSign Envelope ID: 098D4B61-B495-429F-BABC-0AF46D368454 City Council 26 – 306 5/3/2022
16 and prior to any adjudication of SUBRECIPIENT’s rights, any and all funds not used, and to comply with the Reversion of Assets requirements in this Agreement.

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.

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 DocuSign Envelope ID: 098D4B61-B495-429F-BABC-0AF46D368454 City Council 26 – 307 5/3/2022
17 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.

P. Miscellaneous Provisions.

2. All Exhibits and Attachments referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement.

3. This Agreement must be signed below and may be signed in counterpart and delivered by fax, email as a PDF (Portable Document Format) file attachment, or by other means that displays the original or a copy of the signatures. Any subsequent amendments may be signed and delivered in the same manner.
{Signatures on following page}
DocuSign Envelope ID: 098D4B61-B495-429F-BABC-0AF46D368454 City Council 26 – 308 5/3/2022
18 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:

LISA RUDLOFF AMERICA BRACHO
Executive Director Chief Executive Officer
Parks, Recreation and Community Services Agency DUNS #: 938164811 DocuSign Envelope ID: 098D4B61-B495-429F-BABC-0AF46D368454 City Council 26 – 309 5/3/2022

EXHIBIT A

SCOPE OF WORK
19 DocuSign Envelope ID: 098D4B61-B495-429F-BABC-0AF46D368454 City Council 26 – 310 5/3/2022
Latino Health Access Children and Youth Engagement for Violence Prevention RFP 21-116A REVIVE Santa Ana: Youth Programs
SECTION 4: SCOPE OF WORK
In response to the City of Santa Ana’s REVIVE: Santa Ana Youth Programs RFP, Latino Health Access (LHA) proposes its Children and Youth Engagement for Violence Prevention program, a multi-layered approach to violence prevention that engages youth in interactive, age-appropriate activities that (1) build emotional wellness, coping strategies and resilience (2) activate youth as community leaders and enhances their ability to be civically engaged and (3) connects youth to supportive services and provides navigation support to ensure that youth are able to obtain preventive and harm-reduction services locally.

Goal: The goal of Latino Health Access’ Children and Youth Engagement for Violence Prevention (CYE) is to reduce youth violence through preventive programming that engages youth as leaders and provides positive outlets to address mental health, emotional wellness and their underlying causes.

Objectives
In the 12 -month grant period, Latino Health Access proposes to accomplish the following objectives:

1. 2. Engage a minimum of 1,200 youth in culturally concordant, age-appropriate “youth hangouts” or activities that serve as violence prevention and are co-designed with youth leaders to ensure relevance to our priority populations.

3. Reach 4,000 youth and their families with a youth-led violence prevention multi-media campaign that addresses topics that include but are not limited to: bullying, interpartner violence, hate crimes, among other relevant topics that youth identify.

Outcomes
In the 12-month grant period, Latino Health Access expects to accomplish the following objectives:

1. Increase engagement among a minimum of 75% of youth leaders as evidenced by participation in planning and/or facilitating of at least two community youth activities.

2. Increased access to violence prevention programming for low-income Santa Ana youth.

3. Increased public awareness of (1) various sources of violence impacting youth (2) root causes of violence and prevention methods and (3) resources to support violence prevention and to respond to incidences that may have occurred in the community.

Our programming also leverages LHA’s resources and additional programming in mental health and emotional wellness, chronic disease prevention, and community engagement and advocacy to support youth development as well as their families to ensure that existing needs are met through a comprehensive manner.

Exhibit A 20
DocuSign Envelope ID: 098D4B61-B495-429F-BABC-0AF46D368454 City Council 26 – 311 5/3/2022
Latino Health Access Children and Youth Engagement for Violence Prevention RFP 21-116A REVIVE Santa Ana: Youth Programs
Activities
Table 1 below outlines the proposed activities that will support our objectives and outcomes.

Activity Description
Outreach Latino Health Access will conduct outreach across its partners, including the Santa Ana Unified School District and its parent centers. LHA has an active MOU with SAUSD to provide a variety of services, including a mental health ambassadors program that trains youth to serve as emotional wellness ambassadors. LHA will activate participants of the program, as well as parents and teachers to promote CYE activities and programming. In addition, LHA will leverage its social media platforms as well as local, trusted sources of information such as a Radio Santa Ana Public Awareness
Campaign
Co-designed and co-led with youth, LHA will implement an annual public awareness campaign that aims to address the various types of violence impacting Santa Ana youth as well as provide resources for prevention and harm reduction. The campaign will leverage youth’s creativity and talents to leverage multi-media such as TikTok, short videos, Podcasts, and direct outreach.

Monthly
“Hangouts”
Using the concept of “holding space” for youth, LHA and the CYE youth will organize structured activities and events to elevate issues that are important to youth and are critical for violence prevention and harm-reduction. These can include DJ sets, collective song-writing, healing circles, workshops, and youth-led chats, among other activities that are co-designed by youth.

Supportive
Services
Leveraging our promotor model, LHA will provide a range of supportive services to youth and their families for violence prevention and harm reduction. These may include but are not limited to: emotional wellness services, case management, referrals and linkages, individual and group therapy, connections to food, service navigation, coaching, among others.

4. Proposal shall include details of the target population Latino Health Access will prioritize working with Latinx youth in the 92701 Zip Codes through a neighborhood-based approach, although programming will be open to youth across Santa Ana, and it is our goal that as youth increase in leadership to co-implement the proposed programming, they will reach their peers in additional neighborhoods through a peer-engaged model. The youth in our prioritized neighborhoods live in households, which the U.S. Census identifies as having family members who are foreign-born (93%) and who have household incomes of less than $30,000 (88%).

Exhibit A 21
DocuSign Envelope ID: 098D4B61-B495-429F-BABC-0AF46D368454 City Council 26 – 312 5/3/2022

EXHIBIT B

FEE PAYMENT SCHEDULE
22 DocuSign Envelope ID: 098D4B61-B495-429F-BABC-0AF46D368454 City Council 26 – 313 5/3/2022
Organization Name
Program Name
Term:

Funded By Funded By Budget Organization
$0 $0
$105,724 $105,724
$0 $0
$0 $0
$1,000 $1,000
$2,000 $2,000
$3,000 $3,000
$1,425 $1,425
$500 $500
$11,351 $11,351
$125,000 $0 $125,000 $0
FISCAL YEAR 2022-2023

PROPOSED PROGRAM BUDGET
Latino Health Access
Revive: Santa Ana Youth Programs
July 1, 2022 to June 30, 2023

EXPENDITURES
Enter budget categories and projected expenditures:

Category
Administrative Staff Salaries
Program Staff Salaries
Contractual Services
OtherTOTAL

PROGRAM RESOURCES
LIST ALL OTHER PROGRAM RESOURCES FOR 2022-2023
Funding Source Total must equal Program Budget Total listed above.

FUNDING SOURCE AMOUNT
Santa Ana REVIVE $ 125,000
TOTAL $ 125,000
Exhibit B 23
DocuSign Envelope ID: 098D4B61-B495-429F-BABC-0AF46D368454 City Council 26 – 314 5/3/2022

ADMINISTRATIVE STAFF
Position Title Annual Salary & Benefits REVIVE Funds Description

PROGRAM STAFF
Position Title Annual Salary & Benefits REVIVE Funds Description Chief Program Officer 116992.5 5849.625
Oversees all LHA programs & ensures compliance
with contracts
Director of CYE 102214.5 10221.45
Will provide strategic oversight and direction to
project team, and monitor progress towards
objectives
Program Coordinator 79407.12 7940.712
Will oversee day to day implementation of project
activities
Outreach Coordinator 71722.56 7172.256
Will lead planning and implementation of outreach
activities
Lead Promotor 51230.4 20492.16
Senior level promotor - Deliver project outreach &
engagement activities with youth and serve as
guide/coach for other promotores during activities
Promotor 46107.36 46107.36
Deliver project outreach & engagement activities
with youth
Data Entry 46107.36 2305.368
Enters data collected by program team into project
evaluation database to track progress towards
objectives
Program Associate 56353.44 5635.344
Provides administrative, logistical, and clerical
support to prject team
Type of Service Contract Amount REVIVE Funds Description

OTHER LINE ITEMS
Line Item Program Amount REVIVE Funds Description
Office Supplies 1000
General supplies (e.g., pens, easel pads, markers,
notebooks, software subscriptions - zoom, hive)
Printing 2000 Printing paper, toner, copies
Program Supplies 3000
Materials for youth planning and engagement
activities (e.g., arts & crafts, mics & headphones,
camera, snacks & refreshments, incentives)
Outreach Materials 1425
Outreach and educational awareness materials
such as flyers, posters, stickers, shirts, backpacks,
giveaways/swag
Mileage 500
Transportation reimbursements for local projectrelated travel Indirect 11350.73 10% of Direct Expenses
2022-2023 REVIVE BUDGET LINE ITEMS

CONTRACTUAL/PROFESSIONAL SERVICES
Attachment 1(b)
Exhibit B 24
DocuSign Envelope ID: 098D4B61-B495-429F-BABC-0AF46D368454 City Council 26 – 315 5/3/2022

EXHIBIT C

FEDERAL AWARD IDENTIFICATION INFORMATION
The General Program Requirements were designed to provide the framework where the CONTRACTOR will provide ARPA programs identified in this attachment.

I. GOVERNANCE
The CONTRACTOR agrees to comply, remain informed, and deliver services consistent with the provisions of ARPA.

Where local policy has not been set, the CONTRACTOR agrees to adhere to state and/or federal policy, as appropriate.

II. GOVERNANCE REFERENCES
A. Additional state and federal agencies that provide funding to the CITY may be incorporated herein.

B. Information Bulletins, Directives, and any other federal and state guidance documents pertaining to the ARPA SLFRF Funds.

C. Actions, directives, and policy and procedures issued by the CITY.

D. CITY policies, as applicable.

III. CONTRACTOR/SUBRECIPIENT DETERMINATION:

In accordance with the requirements of 2 CFR 200.330 (Subrecipient and Contractor determination) and for the purpose of this CONTRACT, SUBRECIPIENT is determined to be a CONTRACTOR.
25 DocuSign Envelope ID: 098D4B61-B495-429F-BABC-0AF46D368454 City Council 26 – 316 5/3/2022
IV. FEDERAL AWARD IDENTIFICATION

FAIN INFORMATION
A. CONTRACTOR Name: LATINO HEALTH ACCESS
B. CONTRACTOR’S Unique
Identifier (D-U-N-S): 938164811
C.

Federal Award
Identification Number
(FAIN):

SLFRP1059
D. Federal Award Date: 5/19/2021
E. Subaward Period of
Performance: 7/1/2022-6/30/2023
F.

Total Amount of Federal
Funds Obligated by the
Action:
$125,000
G.

Total Amount of Federal
Funds Obligated to the
CONTRACTOR:
$125,000
H. Total Amount of the
Federal Award: $64,180,406.50
I. Federal Award Project
Description:

EXHIBITD

DEBARMENT
Certification Regarding
Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions
This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 29 CFR Part 98, Section 98.510, Participants' responsibilities. The regulations were published as Part VII of the May 26, 1988 Federal Register (pages 19160-19211). (BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS FOR CERTIFICATION -Attached)
(1) The prospective recipient of federal assistance funds certifies, by submission of this proposal, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency.
(2) Where the prospective recipient of federal assistance funds is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.
cw
Name and Title of Authoriz
Date
27 DocuSign Envelope ID: 098D4B61-B495-429F-BABC-0AF46D368454 City Council 26 – 318 5/3/2022

INSTRUCTIONS FOR CERTIFICATION

1. By signing and submitting this proposal, the prospective recipient of federal assistance funds is providing the certification as set out below.

4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction, 11 "participant," "person, 11 "primary covered transaction," "principal, 11 "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations.

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 person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contact, grant, loan or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person f01 influencing or attempting to inflm:nce a11 officer v1 employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontract, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. ·Lc1-'7110 H· eci f-� A-ue.�s
Grantee/Contactor Organization
VA,' ef ffn� off} cy!,,y
Program Ti le
30 DocuSign Envelope ID: 098D4B61-B495-429F-BABC-0AF46D368454 City Council 26 – 321 5/3/2022
SUBRECIPIENT warrants the following:

1. SUBRECIPIENT will comply with Public Law 88-352, Title VI of the Civil Rights Act of 1964 ( 42 U. S. C. section 2000 et seq.) and implementing regulation in 24 CFR Part 1.

EXHIBITF

DRUG-FREE WORKPLACE
Certification Regarding Drug-Free Workplace Requirements The certification set out below is a material representation upon which reliance is placed by the U.S. Department of Housing and Urban Development in awarding the grant. If it is later determined that the contractor knowingly rendered a false certification, or otherwise violates the requirements of the Dmg-Free Workplace Act, the U.S. Department of Housing and Urban Development, in addition to any other remedies available to the Federal Government, may take action authorized under the Dmg-Free Workplace Act.

CERTIFICATION
A. The contractor certifies that it will provide a drug-free workplace by:
(a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the contractor's workplace and specifying the actions that will be taken against employees for violation of such prohibition;
(b) Establishing a drug-free awareness program to inform employees about- ( 1) The dangers of drug abuse in the workplace;
(2) The contractor's policy of maintaining a drug-free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance program; and
(4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace;
( c) Making it a requirement that each employee who will be engaged in the performance of the grant be given a copy of the statement required by paragraph (a);
(d) Notifying the employee in the statement required by paragraph -(a) that, as a condition of employment under the contract, the employee will - ( 1) Abide by the terms of the statement; and
(2) Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction.
(e) Notifying the U.S. Department of Housing and Urban Development within ten days after receiving notice under subparagraph ( d)(2) from an employee or 32 DocuSign Envelope ID: 098D4B61-B495-429F-BABC-0AF46D368454 City Council 26 – 323 5/3/2022
otherwise receiving actual notice of such conviction;
(f) Taking one of the following actions, within 30 days of receiving notice under subparagraph ( d)(2), with respect to any employee who is so convicted - ( 1) Taking appropriate personnel action against such an employee, up to and including termination; or
(2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency;
(g) Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs (a), (b), (c), (d), (e) and (f).

B. The contractor shall insert in the space provided on the attached "Place of Performance" form the site(s) for the performance of work to be carried out with the grant funds (including street address, city, county, state, and zip code) .the contractor further certifies that, if it is subsequently determined that additional sites will be used for the performance of work under the contract, it shall notify the U.S. Department of Housing and Urban Development immediately upon the decision to use such additional sites by submitting a revised "Place of Performance" form.

Organization
Date
33 DocuSign Envelope ID: 098D4B61-B495-429F-BABC-0AF46D368454 City Council 26 – 324 5/3/2022

PLACE OF PERFORMANCE

FOR CERTIFICATION REGARDING DRUG-FREE

WORKPLACE REQUIREMENTS
Name: __ ___:_V)_M_�,__Wl--,--cj_,__' t_cf _________
Date: __ 3�J _\_(()_,__/?JD_·�-��-----------------
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):
4so w.t\:� st, <;u.'i-{e 130
s� ¾ �°l c?r-,?-::+o s
34 DocuSign Envelope ID: 098D4B61-B495-429F-BABC-0AF46D368454 City Council 26 – 325 5/3/2022
1 AGREEMENT BETWEEN THE CITY OF SANTA ANA AND
NATI’S HOUSE DBA NEUTRAL GROUND FOR USE OF

AMERICAN RESCUE PLAN ACT (ARPA) FUNDS
This Agreement is hereby made and entered into this 3rd day of May, 2022, by and between the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“CITY”), and Nati’s House DBA Neutral Ground, a California domestic nonprofit corporation (“SUBRECIPIENT” or “CONTRACTOR”).

RECITALS:

I. ARPA PROGRAM PROVISIONS
A. Scope of Work. SUBRECIPIENT shall be responsible for the specific tasks and services of said program, and agrees to administer said program in compliance with the tasks and services as described in the Scope of Work attached hereto as Exhibit A. SUBRECIPIENT’s failure City Council 26 – 326 5/3/2022
2 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.

Additionally, the Term of this Agreement may be extended by a writing executed by the City Manager, or designee, and the City Attorney.

C. Amount of Grant Funding. The total amount of funds provided for said program shall not exceed One Hundred Twenty-Two Thousand One Hundred Seventy-Two Dollars and Zero Cents ($122,172) (“ARPA SLFRF Funds”) during the Term of the Agreement.

SUBRECIPIENT agrees to use said ARPA SLFRF Funds to administer said program as outlined in Exhibit A.

City Council 26 – 327 5/3/2022
3 E. Grant Program Requirements.
(1) SUBRECIPIENT acknowledges that the source of funding for said program is the federal ARPA, and that payments from the ARPA SLFRF Funds are only to be used to make necessary expenditures incurred due to the public health emergency with respect to COVID-19. (2) SUBRECIPIENT acknowledges that ARPA provisions allow the use of ARPA 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) SUBRECIPIENT shall follow the process and determination of eligibility for participants in said program as outlined in Exhibit A.

City Council 26 – 328 5/3/2022
4 G. Audit.
(1) SUBRECIPIENT shall maintain complete and accurate records and supporting documentation to facilitate financial and/or program audits by CITY. This requirement shall apply to any records and documentation CITY shall reasonably require or as required to be maintained pursuant to the ARPA regulations.
(2) The books and accounts, files, and other records of SUBRECIPIENT, which are applicable to this Agreement, shall be available for inspection, review, and audit during normal business hours by CITY to determine the proper application and use of all ARPA SLFRF Funds provided to or for the account or benefit of SUBRECIPIENT. (3) SUBRECIPIENT assumes responsibility for reimbursement to CITY a sum of money equivalent to the amount of any expenditures disallowed should the CITY, or an authorized agency, rule through audit, exception, or some other appropriate means, that expenditures from funds allocated to SUBRECIPIENT for direct and/or administrative costs were not made in compliance with the applicable cost principles, regulations, or the provisions of this Agreement. (4) SUBRECIPIENT agrees to comply with the requirements of OMB Uniform Guidance 2 CFR Part 200. SUBRECIPIENT further agrees to provide CITY with a copy of completed independent auditors’ report within thirty (30) days of CITY’s request for such report. If the report contains instances of non-compliance with federal laws and regulations that bear directly on the performance or administration of this Agreement, SUBRECIPIENT shall provide CITY copies of responses to auditors’ reports, a plan for corrective action, and auditors’ response that the noncompliance has been resolved. All reports prepared in accord with the requirements of OMB Uniform Guidance 2 CFR Part 200 shall be available for inspection by representatives of CITY or the federal government during normal business hours.
(5) All accounting records, reports, and evidence pertaining to all costs, expenses and the ARPA SLFRF Funds of SUBRECIPIENT and all documents related to this Agreement shall be maintained and kept available at SUBRECIPIENT’S office or place of business for the duration of the Agreement and thereafter for five (5) years from the date of final payment under this Agreement. Records which relate to: (a) complaints, claims, administrative proceedings or litigation arising out of the performance of this Agreement; or, (b) costs and expenses of this Agreement to which CITY or any other governmental agency takes exception, shall be retained beyond the five (5) years until complete resolution or disposition of such appeals, litigation claims, or exceptions. In the event SUBRECIPIENT does not make the above-referenced documents available within the City of Santa Ana, California, SUBRECIPIENT agrees to pay all necessary and reasonable expenses incurred by CITY in conducting any audit at the location where said records and books of account are maintained.

H. Ownership/Use of Materials. SUBRECIPIENT agrees that all materials, reports or products in any form, including electronic, created by SUBRECIPIENT for which SUBRECIPIENT has been compensated pursuant to this Agreement shall be the sole property of the CITY. The material, reports, or products may be used by the CITY for any purpose that the City Council 26 – 329 5/3/2022
5 CITY deems to be appropriate, including, but not limit to, duplication and/or distribution within the CITY or to third parties. SUBRECIPIENT agrees not to release or circulate in whole or part such materials, reports, or products without prior written authorization of the CITY.

City Council 26 – 330 5/3/2022
6 (6) No Pending Legal Proceedings. SUBRECIPIENT is not the subject of a current or threatened litigation that would or may materially affect SUBRECIPIENT’S performance under this Agreement.
(7) Proposal Veracity. All provisions of and information provided in SUBRECIPIENT’s proposal submitted to CITY, including any exhibits, are true and correct in all material respects.
(8) No Pending Investigation. SUBRECIPIENT has no knowledge that it is the subject of any current or threatened criminal or civil action investigation by any public agency, including without limitation a police agency or prosecuting authority, which would relate to or affect performance of the Agreement or provision of services hereunder.

B. Licensing. SUBRECIPIENT agrees to obtain and maintain all required licenses, registrations, accreditation and inspections from all agencies governing its operations.

SUBRECIPIENT shall provide CITY with a copy of said audit by April 1 of the year following the program year in which this Agreement is executed.

City Council 26 – 331 5/3/2022
7 F. Compliance with Law/Program Income. SUBRECIPIENT acknowledges that the funds being provided by CITY for said program are received by CITY pursuant to ARPA, and that distribution and expenditure of these ARPA 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 SUBRECIPIENT shall be returned to CITY, unless otherwise provided for in this Agreement.

I. Independent Contractor. SUBRECIPIENT agrees that the performance of obligations hereunder is rendered in its capacity as an independent contractor and that it is in no way an agent of CITY.

City Council 26 – 332 5/3/2022
8 L. Prohibited Use. SUBRECIPIENT hereby certifies and agrees that it will not use ARPA SLFRF Funds provided through this Agreement to pay for entertainment, meals or gifts, or other prohibited uses.

City Council 26 – 333 5/3/2022
9 P. Equal Employment Opportunities. SUBRECIPIENT shall make every effort to ensure that all projects funded wholly or in part by ARPA SLFRF Funds shall provide equal employment opportunities for minorities and women.

R. Drug Free Workplace. SUBRECIPIENT agrees to provide a drug-free workplace and to execute a certification as set forth in Exhibit F attached hereto and incorporated herein by this reference.

C. Project Expectations: CITY shall monitor the performance of SUBRECIPIENT against goals and performance standards required herein. The SUBRECIPIENT shall be responsible to accomplish the project expectations as set forth in Exhibit A, and report such results to the CITY. If the SUBRECIPIENT estimates such goals will not be met, the SUBRECIPIENT is to contact the CITY, at which time the CITY will determine if any adjustments to the grant award is appropriate. Substandard performance as determined by the CITY will constitute noncompliance with this Agreement. Should the CITY determine that the SUBRECIPIENT has not City Council 26 – 334 5/3/2022
10 performed its obligations as stated in this contract in a satisfactory manner, or if the CITY determines that insufficient supporting information has been submitted, the CITY shall notify the SUBRECIPIENT in writing of its determination specifying in full detail the objections that it has to the SUBRECIPIENT’s performance. If action to correct such substandard performance is not taken by the SUBRECIPIENT after being notified by the CITY, within a reasonable period of time as stipulated in the written notification, contract suspension or termination procedures will be initiated.

IV. GENERAL PROVISIONS
A. Non-Discrimination.

5. SUBRECIPIENT agrees to comply with Section 504 of the Rehabilitation Act of 1973, which requires that no otherwise qualified individual with a disability in the United States, shall, solely by reason of his or her disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial City Council 26 – 335 5/3/2022
11 assistance or under any program or activity conducted by any executive agency or by the United States Postal Service.

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.

D. Prohibition of Nepotism. SUBRECIPIENT agrees not to hire or permit the hiring of any person to fill a position funded through this Agreement if a member of that person’s immediate family is employed in an administrative capacity by SUBRECIPIENT. For the purposes of this City Council 26 – 336 5/3/2022
12 section, the term “immediate family” means spouse, child, mother, father, brother, sister, brother-inlaw, sister-in-law, father-in-law, mother-in-law, son-in-law, daughter-in-law, aunt, uncle, niece, nephew, stepparent and stepchild. The term “administrative capacity” means having selection, hiring, supervisor or management responsibilities.

E. Notices. Notices to the parties shall, unless otherwise requested in writing, be sent by U.S. Mail, postage prepaid, and addressed as follows:

TO CITY: City of Santa Ana
Lisa Rudloff
Executive Director
Parks, Recreation and Community Services Agency
20 Civic Center Plaza
P.O. Box 1988
Santa Ana, California 92702-1988
TO SUBRECIPIENT:

Nati’s House DBA Neutral Ground
Nati Alvarado
Executive Director
1733 N Valencia St
Santa Ana, CA 92706-2930
F. Assignability. None of the duties of, or work to be performed by, SUBRECIPIENT under this Agreement shall be subcontracted or assigned to any agency, consultant, or person without the prior written consent of CITY. SUBRECIPIENT must submit all subcontracts and other agreements that relate to this Agreement to CITY. No subcontract or assignment shall terminate or alter the legal obligations of SUBRECIPIENT pursuant to this Agreement.

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 City Council 26 – 337 5/3/2022
13 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:

City Council 26 – 338 5/3/2022
14 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.

The policy language shall provide, or be endorsed to provide, that the selfinsured 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 provided for at least five (5) years after completion of the contract of 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 City Council 26 – 339 5/3/2022
15 complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

I. Termination.

5. The grant of funds under this Agreement may be terminated due to the nonperformance of SUBRECIPIENT and/or failure of SUBRECIPENT to perform the work described in Exhibit A.

6. The grant of funds under this Agreement may be terminated due to the failure of the CITY to receive sufficient or anticipated funding for the ARPA program for any term subject to this Agreement.

7. In the event this Agreement is terminated as set forth in subparagraphs I(1) through I(6), inclusive, SUBRECIPIENT agrees to immediately return to CITY upon CITY's demand City Council 26 – 340 5/3/2022
16 and prior to any adjudication of SUBRECIPIENT’s rights, any and all funds not used, and to comply with the Reversion of Assets requirements in this Agreement.

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.

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 City Council 26 – 341 5/3/2022
17 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.

P. Miscellaneous Provisions.

2. All Exhibits and Attachments referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement.

EXHIBIT A

SCOPE OF WORK
City Council 26 – 344 5/3/2022
Scope of Work 4.1
Neutral Ground Boxing Club (NGBC)
Program Component Descriptions:

In March of this year Neutral Ground began meeting with a group of 20-30 youth and family members, practicing boxing drills, riddling our hour-long sessions with plenty of strength and conditioning drills. NGBC proposes to reach some of our most at-risk youth through sports programming and restorative practices. The purpose of Neutral Ground Boxing Club (NGBC) is to provide free/no cost sports programming for some of our older (10-18) and more deeply gang-entrenched program participants. In continued collaboration with Santa Ana Police Department, Santa Ana School Police, and the Orange County Probation Department, a referral continuum will be established between our law enforcement partners and the Neutral Ground team. To best implement the trauma-informed goal of the program, the Adverse Childhood Experience Survey (ACES) will be administered to all participants at time of enrollment. This trauma-focused screening tool will assist providers to determine the level of intervention and targeted referrals/linkages needed for participants. Youth of families victimized by violence and/or siblings of juvenile-justice involved youth and/or students showing sudden changes in behavior, especially those demonstrating aggression will be referred to NGBC for restorative practices, support services and linkages, and case management and sports programming. Special attention will be paid to youth/students who have been severely impacted emotionally, academically, and financially (home/basic needs) as a result of the COVID-19 crisis. The ultimate goal is to redirect participants back to a positive trajectory and reconnect them to programs, their schools, positive influences, and their family to build a violence- free, strong, healthy, and meaningful future.

In collaboration with city
officials and local real estate
experts, a new location will be
located in order to expand the
already existing program.

Begins
March 2022-
continues
through
March 2023
Current location can only serve less than 10 participants at a time. New location will increase numbers of participants to – minimum of 200 unduplicated participants per year and many students who have participated in the past will be encouraged to continue to engage in the program.

Equipment for the program
will be purchased.

April 2022 Once location is secured, equipment will be ordered to maximize the quality and the safety of the experience for the youth.

Development of referral
system with law enforcement
partners community agencies
and school district for COVIDimpacted candidates for
program
Begins
March 2022-
continues
through
March 2023
Seamless continuum of referrals of at-risk youth in need of NGBC services program will be developed and sustained.

Participant
Survey/Assessment
Ongoing Adverse Childhood Experience Survey(ACES) will be administered to all participants at time of enrollment. Staff will address common issues experienced by participants in healing circles at the end of training sessions.

Boxing Trainers/RP LeadsRecruitment and TrainingMarch- April 2022 and
ongoing
Staff with experience with youth and the SA community who are bilingual Spanish speakers will be recruited for positions. Staff will be trained in supervision, safety, boxing, fitness, as well as restorative practices.

Healthy Physical
Development- Stress and
Coping Mechanisms
Ongoing 30 (80- 120 total per year) youth will participate in ongoing boxing training on Monday and Wednesdays each quarter. Participants may return and continue training once they have completed the formal training/program. The focus of the program will teach positive ways to relieve stress, and increase selfdiscipline, and confidence.

Boxing Program/Restorative
Circles
“Two-Pronged Approach =
Physical Health + Mental
Health”
Occur
Weeklyongoing
Minimum of 30 unduplicated, NGBC participants will engage in boxing training and restorative circles for a minimum of 5 weeks for each quarter (120 per year). Boxing will take place twice per week, Tuesdays, and Thursdays for 2.5 hours and then students will have time to change and settle in for RP circles for the last hour. The focus of the RP Circles will be to assist participants mitigate mental health stresses, anxieties, and aggressions as a result of the COVID-19 crisis and diminish the specific risk factors preventing them getting back on their feet.
50% of the participants will complete and participate in boxing training and RP sessions.

Excursions/Tournaments 6 times for
the year
Participants who have achieved milestones in training and RP circles will participate in recreational excursions such as beach trips, mountain trips and Exhibit A
City Council 26 – 345 5/3/2022
sports trips. Participants may also participate in tournaments once they are ready for competition,
Linkages: Community mental
health support, participants
who have more extensive
multi-faceted mental health
need to consistently engage
with mental health
practitioners to support
recovery from COVID-19
struggles.

Ongoing 10% of boxing participants will be linked to services for more extensive mental health support. Program Supervisor will assist with linkages to mental health services.

Linkages: Meeting basic
needs, in order for
participants to recover from
the COVID-19 struggles we
must ensure that basic needs
have been met. Urgent
necessities i.e.,
transportation, food and
shelter will also be provided
upon need.

Ongoing 30% of boxing participants will be linked to services to support basic urgent needs. Program Supervisor will assist with linkages to agencies providing urgent necessities.

Recognition Events: Research
indicates that recognizing
progress and growth is critical
in effective youth
development efforts.
(Hawkins & Catalano)
Twice per
year
Boxing participants will receive t-shirts, customized awards, and incentives to recognize outstanding participation. Two events will take place where family, law enforcement partners and other agencies will join to applaud youth efforts.

2. Target Population
The mission of Neutral Ground is to create a healthier, safer Santa Ana centered on its communities most impacted by violence; breaking the cycle of poverty, child abuse, academic failure and teen pregnancy through restorative practice and evidence-based youth development, academic support, and the strengthening of meaningful relationships. Neutral Ground is dedicated to addressing the human suffering and health disparities that the community of Santa Ana has suffered due to the COVID-19 pandemic.

The COVID-19 virus has affected all age and ethnic groups globally and nationally and across all domains of functioning. physical health and development were severely impacted with all of the facility lockdowns and canceled recreational programs throughout the country. For much of the population of youth in Santa Ana this experience was especially challenging since home dwellings were often overcrowded and left residents and family members vulnerable to COVID-19. Exposure and vulnerability then were intensified by work conditions for essential jobs, overcrowded housing and neighborhoods that lack protective supplies and preventive information (Falicov et al., 2020; Gaynor & Wilson, 2020). The impact on the families in the Santa Ana community include economic implications, feelings of sadness due to grief and loss of family members/close friends and a lack of treatment in mental health. The accommodation of safety measures COVID-19 introduced to social organizations or community based extracurricular activities have impacted families, specifically the at-risk youth among the Santa Ana community. The strategies to control the spread of the COVID-19 virus have changed the daily lives of these youth. The youth who are in vulnerable communities have been hit the hardest and have unfortunately adopted unhealthy habits of behavior that impact their overall lifestyle (Shepherd et al., 2021). Youth who have experienced these struggles ages 10-18 will be prioritized for enrollment in Neutral Ground Boxing Club.

According to the US Census Bureau (2019), it was reported that 26.9% of the population of the city of Santa Ana is between the ages of 5-18, 76.8% of the city identifies as Hispanic or Latino, 43.3% of the city are “foreign born persons” and 80.3% speak a language at home other than English. The immigrant Latinx community are statistically more likely to seek or accept mental health services within a community setting than independently seeking services for medical conditions such as depression, anxiety, trauma, or relational conflicts. Mental health distress can also manifest in various somatic symptoms such as headaches, stomach aches, or fatigue that needs to be addressed by health practitioners (Falicov,et al.,2020). This highlights the need for services delivery to surpass cultural differences and provide healthy strategies under a whole-health framework of delivery (Gaynor & Wilson, 2020) to support healthy living. The Neutral Ground Boxing Club will provide restorative circles and referrals to mental health to reduce his disparity in access to mental health services. The program takes a two-pronged approach that includes fostering both physical and mental wellness.

3. Unmet Need
Youth of all ages, but especially 10-18 years of age have been impacted physically and mentally from COVID-19 restrictions in the Qualified Services Tract. Neutral Ground’s proposed program will expand a boxing program to increase services. The local church City Council 26 – 346 5/3/2022
activities across the board fr the youth across the city of Santa Ana. The newly proposed Neutral Ground Boxing Club will support almost 200+ youth with the first year of the grant with the safe and newly leased facilities and updated equipment. Participants will engage in physical development through boxing training as well as engage in social-emotional healing through sessions of restorative circles at the end of the training each week.

Boxing programs can be used as a sport-based youth development technique to teach life skills to youth within a recreational context (Hemphill et al., 2019). The youth who participate in these activities learn to apply life skills beyond the activity due to the social nature of the program. Perceived life skills are found to be a component that is foundational as it enhances the expectation of hard work/teamwork and encourages positive relationships built within the gym environment (Hemphill et al., 2019). As the research states above, this population struggles with mental health imbalances, economic stressors, physical discomfort, dysregulated structure to routine and social instability. Coupled with potentially abusive homes, family dysfunction, and physical discomfort, the nature of a boxing recreational program that encourages peer to peer interaction, physical activity and socialemotional growth and stability will help to mitigate any maladaptive behaviors, including substance abuse (Shepherd et al., 2021).

This population needs a culturally competent program that offers a safe place to feel a sense of belonging, while providing an outlet to kinesthetically work out any potential stressors and enhance physical wellbeing. As our society embraces a post COVID-19 pandemic, Neutral Ground’s Boxing Club will positively impact overall development, self-discipline, teamwork and promote a healthier lifestyle which will build peer culture and embrace healthy strategies to promote physical and mental wellness.

The youth who attend the boxing program, will also be able to attend restorative circles after the boxing sessions. Restorative circles are an evidenced based restorative practice that draws attention to positive climate and culture, providing a space for children to address their problematic behavior and increase social-emotional behavior strategies (Evanovich et al., 2020). When implemented, prevention and positive responses to challenging behavior is emphasized and a whole-health framework is then adopted (Evanovich et al., 2020). These restorative circles that will be offered after the boxing sessions, allows for a two-pronged approach to address the physical and social emotional health among the youth who engage in the boxing club. It is rare to have a program that takes this two-pronged approach that includes fostering physical and mental wellness. i

4. Details of Collaborations with Local Organizations
Neutral Ground has been operating in the heart of Santa Ana for the past 30 years and has established a strong network of collaborative partners. The founder, Nati Alvarado, was a teen father himself at the age of 15. His passion to help others and avoid the trauma and heartache that he and his family experienced in his youth have given him the desire to pursue this work and lead his agency with a strong collaborative spirit. His deep commitment to new and existing partnerships demonstrates a strong foundation of collaborative readiness for a wide range of community activities and events.

Over the past 10 years Neutral Ground has participated in The California Endowment's Building Healthy Communities (BHC) Initiative within Santa Ana Unified School District, developed the Summer Night Lights Program with funding from the City of Santa Ana which served thousands of youths from all over the city. In addition, Neutral Ground was selected as a partner to provide job preparation and drug abuse prevention in the Prop.47 grant with the alternative education programs within SAUSD and funded to provide Restorative Practices at secondary schools throughout the community. Neutral Ground also implemented the Proud Parent grant in SAUSD which included a collaborative partnership with community agencies and OC Probation Department. The partnership was so successful the Memorandum of Understanding has been renewed although the grant ended several years ago.

5. Innovation in Service/Delivery
NG has developed an innovative proposal including evidence-based practices that will prove effective with this uniquely vulnerable population, the NG-Boxing Club will Implement a comprehensive two-pronged approach to developing a boxing Club to promote physical training and social- emotional wellness. Rarely, do programs target two areas of health in one program. This system will support highly impacted youth from COVID-19 challenges. Neutral Ground will be providing a supervisor who will coordinate linkages to urgent resources for the gaps in basic needs while facilitating restorative circles to rebuild social-emotional health.

Neutral Ground has a long-standing commitment to serving the most vulnerable and is known for incorporating trauma-informed care into services. Trauma-informed care is a strength-based approach that emphasizes physical, psychological, and emotional safety to create an environment for participants to rebuild a sense of control and empowerment (Hopper, Bassuk, & Olivet, 20I0) NG activities will be conducted in safe spaces where youth feel culturally, emotionally, and physically safe. NG staff have extensive training on the evidence-based services, and many have first-hand understanding of the life struggles that impact today' s youth.

The majority of the NG- Boxing Club staff members will be from Santa Ana and are culturally proficient and bilingual. NG will maximize the potential of each participant by setting and achieving individualized goals and plans. A famous quote from a student n San Francisco once advised a conference room of service providers, "A child will walk around trouble and away from trouble, if they have someone to walk with and somewhere to walk to." By receiving funding for this multifaceted Boxing Club, Neutral Ground will be able to expand and fulfill this dire need for so many of the lost and impacted youth in our city.

Exhibit A
City Council 26 – 347 5/3/2022

EXHIBIT B

FEE PAYMENT SCHEDULE
City Council 26 – 348 5/3/2022
Organization Name
Program Name
Term:

Expenditures
Funded By
Santa Ana
REVIVE Funds
Expenditures
Funded By
Other Sources
Program
Budget
Total
Organization
Budget
$0 $0
$58,425 $58,425 $ 58,425
$0 $0
$63,747 $63,747 $ 63,747
$0 $0
$0 $0
$0 $0
$0 $0
$0 $0
$0 $0
$122,172 $0 $122,172 $122,172

FUNDING SOURCE
Santa Ana REVIVE
AMOUNT
$ 122,172
Funding Source Total must equal Program Budget Total listed above.

TOTAL

PROGRAM RESOURCES
LIST ALL OTHER PROGRAM RESOURCES FOR 2022-2023
FISCAL YEAR 2022-2023

PROPOSED PROGRAM BUDGET
Natis House dba Neutral Ground
NGBC (Neutral Ground Boxing Club)

EXPENDITURES
Enter budget categories and projected expenditures:

Category
Administrative Staff Salaries
Program Staff Salaries
Contractual Services
OtherJuly 1, 2022 to June 30, 2023
TOTAL $ 122,172
Attachment 1(a)
Exhibit B
City Council 26 – 349 5/3/2022

ADMINISTRATIVE STAFF
Position Title Annual Salary & Benefits REVIVE Funds Description

PROGRAM STAFF
Position Title Annual Salary & Benefits REVIVE Funds Description 1 Program Supervisor 28,080 28,080 $27 x 20 hrs p.week x 52 weeks 4 Trainers and RP Leads 26,880 26,880 ($20 x 8 hrs p.week x 42 weeks) x (4 workers) 1 Admin Support 3,465 3,465 $21 x 5 hrs x 33 weeks
Type of Service Contract Amount REVIVE Funds Description

OTHER LINE ITEMS
Line Item Program Amount REVIVE Funds Description
Other $ 63,747.00 $ 63,747.00
Student Bus Passes $1,200: For transportation
to and from boxing
Snacks, Water & Food $5,000: For students.

Pizza Party Incentive for reaching milestones
etc
Program Equipment $7,000: Equip for training,
gloves, ring set-up, headgear, shoes, towels
etc
Rent $30,000: Training location (12 months x
$2,500)
Liability Insurance $4,000: Insurance Premium
Transportation/Van Rentals $2,100: For
recreational excursions and tripst to boxing
tournaments
Transportation $840: Fuel fill-ups
Tournament/Competition Fees $2,500:

Supplies for recreation activities
Indirect Cost $11,107: 10% (from whole
budget subtotal of $111,107)
2022-2023 REVIVE BUDGET LINE ITEMS

CONTRACTUAL/PROFESSIONAL SERVICES
Attachment 1(b)
Exhibit B
City Council 26 – 350 5/3/2022

EXHIBIT C

FEDERAL AWARD IDENTIFICATION INFORMATION
The General Program Requirements were designed to provide the framework where the CONTRACTOR will provide ARPA programs identified in this attachment.

I. GOVERNANCE
The CONTRACTOR agrees to comply, remain informed, and deliver services consistent with the provisions of ARPA.

Where local policy has not been set, the CONTRACTOR agrees to adhere to state and/or federal policy, as appropriate.

II. GOVERNANCE REFERENCES
A. Additional state and federal agencies that provide funding to the CITY may be incorporated herein.

B. Information Bulletins, Directives, and any other federal and state guidance documents pertaining to the ARPA SLFRF Funds.

C. Actions, directives, and policy and procedures issued by the CITY.

D. CITY policies, as applicable.

III. CONTRACTOR/SUBRECIPIENT DETERMINATION:

In accordance with the requirements of 2 CFR 200.330 (Subrecipient and Contractor determination) and for the purpose of this CONTRACT, SUBRECIPIENT is determined to be a CONTRACTOR.

City Council 26 – 351 5/3/2022
IV. FEDERAL AWARD IDENTIFICATION

FAIN INFORMATION
A. CONTRACTOR Name: NATI’S HOUSE DBA NEUTRAL GROUND
B. CONTRACTOR’S Unique
Identifier (D-U-N-S): 079536874
C.

Federal Award
Identification Number
(FAIN):

SLFRP1059
D. Federal Award Date: 5/19/2021
E. Subaward Period of
Performance: 7/1/2022-6/30/2023
F.

Total Amount of Federal
Funds Obligated by the
Action:
$122,172
G.

Total Amount of Federal
Funds Obligated to the
CONTRACTOR:
$122,172
H. Total Amount of the
Federal Award: $64,180,406.50
I. Federal Award Project
Description:

EXIIIUIT I)

UEBAHMENT
(llHORE CO;'l-!Pl.EH:-:G CDtTIFl(ATION. READ IN�TIUICllONS FOR CERTIFICATION· AttaclK_.d)
(I)
(1) When: th,:: prospccti1-c rt'Cipient of federal mistance fund; ii un1ble to mti�· to an; of the ='
s1a1cmentsinlhisw1ifica1ion.suchp!OS{ll'ctiveparticip.'.llllshallattaehanexplarutionlulhis �ameand Ti1lcof Authori1tdRrpresinl3li1�
City Council 26 – 353 5/3/2022
City Council 26 – 354 5/3/2022
9 facq1tfortrans action1m11hvri11.'t!und,T[l<lr.t'�raphSof 1hcscinsuu,:1ions.ifararticipan1 in a cown.'t! 1ransactioo loo,1ingl�cm,-rs into� lo11·?r licr co1·crc<l transaction 11ilh a pcr5()1'1 111\0 is su,pcll<k'd. dd:iam:d. ini.'ligihlc. or 1olunurily excluded from participa1ioo in 1hi1 trans.xtion. in addi1ion to other remedies a\'ailabl� lo the hxleral Go\'cmmem. the IXJL mai pursucal"ailabkrcmedies.indudingsu>pcns ionand/ordebann:nl City Council 26 – 355 5/3/2022
City Council 26 – 356 5/3/2022
SUIIRIUl'lENT warranls the folln,1i11�
�- SUBRECIPJENT will comply 11ith all Federal statules applicable to projects fUllded with community dndopmcnl funds, �xcepl that (a) SUBRl(Jl'IENl does nol a5,;un1� CITY'S tn1ironmeni.al rcsporisibilities described at 24 CFR 570.604: and (b) S\JRRECll'll'NT does oot assumcCITY"SttSponsibil ityforinitiating1he reviewprocessunderExccuti1·eOrdt112372 City Council 26 – 357 5/3/2022
City Council 26 – 358 5/3/2022
City Council 26 – 359 5/3/2022
City Council 26 – 360 5/3/2022
1 AGREEMENT BETWEEN THE CITY OF SANTA ANA AND
NATI’S HOUSE DBA NEUTRAL GROUND FOR USE OF

AMERICAN RESCUE PLAN ACT (ARPA) FUNDS
This Agreement is hereby made and entered into this 3rd day of May, 2022, by and between the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“CITY”), and Nati’s House DBA Neutral Ground, a California domestic nonprofit corporation (“SUBRECIPIENT” or “CONTRACTOR”).

RECITALS:

I. ARPA PROGRAM PROVISIONS
A. Scope of Work. SUBRECIPIENT shall be responsible for the specific tasks and services of said program, and agrees to administer said program in compliance with the tasks and services as described in the Scope of Work attached hereto as Exhibit A. SUBRECIPIENT’s failure City Council 26 – 361 5/3/2022
2 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.

Additionally, the Term of this Agreement may be extended by a writing executed by the City Manager, or designee, and the City Attorney.

C. Amount of Grant Funding. The total amount of funds provided for said program shall not exceed One Hunder Thirteen Thousand One Hundred Eighty-Three Dollars and Zero Cents ($113,183) (“ARPA SLFRF Funds”) during the Term of the Agreement. SUBRECIPIENT agrees to use said ARPA SLFRF Funds to administer said program as outlined in Exhibit A.

City Council 26 – 362 5/3/2022
3 E. Grant Program Requirements.
(1) SUBRECIPIENT acknowledges that the source of funding for said program is the federal ARPA, and that payments from the ARPA SLFRF Funds are only to be used to make necessary expenditures incurred due to the public health emergency with respect to COVID-19. (2) SUBRECIPIENT acknowledges that ARPA provisions allow the use of ARPA 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) SUBRECIPIENT shall follow the process and determination of eligibility for participants in said program as outlined in Exhibit A.

City Council 26 – 363 5/3/2022
4 G. Audit.
(1) SUBRECIPIENT shall maintain complete and accurate records and supporting documentation to facilitate financial and/or program audits by CITY. This requirement shall apply to any records and documentation CITY shall reasonably require or as required to be maintained pursuant to the ARPA regulations.
(2) The books and accounts, files, and other records of SUBRECIPIENT, which are applicable to this Agreement, shall be available for inspection, review, and audit during normal business hours by CITY to determine the proper application and use of all ARPA SLFRF Funds provided to or for the account or benefit of SUBRECIPIENT. (3) SUBRECIPIENT assumes responsibility for reimbursement to CITY a sum of money equivalent to the amount of any expenditures disallowed should the CITY, or an authorized agency, rule through audit, exception, or some other appropriate means, that expenditures from funds allocated to SUBRECIPIENT for direct and/or administrative costs were not made in compliance with the applicable cost principles, regulations, or the provisions of this Agreement. (4) SUBRECIPIENT agrees to comply with the requirements of OMB Uniform Guidance 2 CFR Part 200. SUBRECIPIENT further agrees to provide CITY with a copy of completed independent auditors’ report within thirty (30) days of CITY’s request for such report. If the report contains instances of non-compliance with federal laws and regulations that bear directly on the performance or administration of this Agreement, SUBRECIPIENT shall provide CITY copies of responses to auditors’ reports, a plan for corrective action, and auditors’ response that the noncompliance has been resolved. All reports prepared in accord with the requirements of OMB Uniform Guidance 2 CFR Part 200 shall be available for inspection by representatives of CITY or the federal government during normal business hours.
(5) All accounting records, reports, and evidence pertaining to all costs, expenses and the ARPA SLFRF Funds of SUBRECIPIENT and all documents related to this Agreement shall be maintained and kept available at SUBRECIPIENT’S office or place of business for the duration of the Agreement and thereafter for five (5) years from the date of final payment under this Agreement. Records which relate to: (a) complaints, claims, administrative proceedings or litigation arising out of the performance of this Agreement; or, (b) costs and expenses of this Agreement to which CITY or any other governmental agency takes exception, shall be retained beyond the five (5) years until complete resolution or disposition of such appeals, litigation claims, or exceptions. In the event SUBRECIPIENT does not make the above-referenced documents available within the City of Santa Ana, California, SUBRECIPIENT agrees to pay all necessary and reasonable expenses incurred by CITY in conducting any audit at the location where said records and books of account are maintained.

H. Ownership/Use of Materials. SUBRECIPIENT agrees that all materials, reports or products in any form, including electronic, created by SUBRECIPIENT for which SUBRECIPIENT has been compensated pursuant to this Agreement shall be the sole property of the CITY. The material, reports, or products may be used by the CITY for any purpose that the CITY deems to be appropriate, including, but not limit to, duplication and/or distribution within City Council 26 – 364 5/3/2022
5 the CITY or to third parties. SUBRECIPIENT agrees not to release or circulate in whole or part such materials, reports, or products without prior written authorization of the CITY.

City Council 26 – 365 5/3/2022
6 (6) No Pending Legal Proceedings. SUBRECIPIENT is not the subject of a current or threatened litigation that would or may materially affect SUBRECIPIENT’S performance under this Agreement.
(7) Proposal Veracity. All provisions of and information provided in SUBRECIPIENT’s proposal submitted to CITY, including any exhibits, are true and correct in all material respects.
(8) No Pending Investigation. SUBRECIPIENT has no knowledge that it is the subject of any current or threatened criminal or civil action investigation by any public agency, including without limitation a police agency or prosecuting authority, which would relate to or affect performance of the Agreement or provision of services hereunder.

B. Licensing. SUBRECIPIENT agrees to obtain and maintain all required licenses, registrations, accreditation and inspections from all agencies governing its operations.

SUBRECIPIENT shall provide CITY with a copy of said audit by April 1 of the year following the program year in which this Agreement is executed.

City Council 26 – 366 5/3/2022
7 F. Compliance with Law/Program Income. SUBRECIPIENT acknowledges that the funds being provided by CITY for said program are received by CITY pursuant to ARPA, and that distribution and expenditure of these ARPA 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 SUBRECIPIENT shall be returned to CITY, unless otherwise provided for in this Agreement.

I. Independent Contractor. SUBRECIPIENT agrees that the performance of obligations hereunder is rendered in its capacity as an independent contractor and that it is in no way an agent of CITY.

City Council 26 – 367 5/3/2022
8 L. Prohibited Use. SUBRECIPIENT hereby certifies and agrees that it will not use ARPA SLFRF Funds provided through this Agreement to pay for entertainment, meals or gifts, or other prohibited uses.

City Council 26 – 368 5/3/2022
9 P. Equal Employment Opportunities. SUBRECIPIENT shall make every effort to ensure that all projects funded wholly or in part by ARPA SLFRF Funds shall provide equal employment opportunities for minorities and women.

R. Drug Free Workplace. SUBRECIPIENT agrees to provide a drug-free workplace and to execute a certification as set forth in Exhibit F attached hereto and incorporated herein by this reference.

C. Project Expectations: CITY shall monitor the performance of SUBRECIPIENT against goals and performance standards required herein. The SUBRECIPIENT shall be responsible to accomplish the project expectations as set forth in Exhibit A, and report such results to the CITY. If the SUBRECIPIENT estimates such goals will not be met, the SUBRECIPIENT is to contact the CITY, at which time the CITY will determine if any adjustments to the grant award is appropriate. Substandard performance as determined by the CITY will constitute noncompliance with this Agreement. Should the CITY determine that the SUBRECIPIENT has not City Council 26 – 369 5/3/2022
10 performed its obligations as stated in this contract in a satisfactory manner, or if the CITY determines that insufficient supporting information has been submitted, the CITY shall notify the SUBRECIPIENT in writing of its determination specifying in full detail the objections that it has to the SUBRECIPIENT’s performance. If action to correct such substandard performance is not taken by the SUBRECIPIENT after being notified by the CITY, within a reasonable period of time as stipulated in the written notification, contract suspension or termination procedures will be initiated.

IV. GENERAL PROVISIONS
A. Non-Discrimination.

5. SUBRECIPIENT agrees to comply with Section 504 of the Rehabilitation Act of 1973, which requires that no otherwise qualified individual with a disability in the United States, shall, solely by reason of his or her disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial City Council 26 – 370 5/3/2022
11 assistance or under any program or activity conducted by any executive agency or by the United States Postal Service.

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.

D. Prohibition of Nepotism. SUBRECIPIENT agrees not to hire or permit the hiring of any person to fill a position funded through this Agreement if a member of that person’s immediate family is employed in an administrative capacity by SUBRECIPIENT. For the purposes of this City Council 26 – 371 5/3/2022
12 section, the term “immediate family” means spouse, child, mother, father, brother, sister, brother-inlaw, sister-in-law, father-in-law, mother-in-law, son-in-law, daughter-in-law, aunt, uncle, niece, nephew, stepparent and stepchild. The term “administrative capacity” means having selection, hiring, supervisor or management responsibilities.

E. Notices. Notices to the parties shall, unless otherwise requested in writing, be sent by U.S. Mail, postage prepaid, and addressed as follows:

TO CITY: City of Santa Ana
Lisa Rudloff
Executive Director
Parks, Recreation and Community Services Agency
20 Civic Center Plaza
P.O. Box 1988
Santa Ana, California 92702-1988
TO SUBRECIPIENT:

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.

City Council 26 – 372 5/3/2022
13 a. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as:

City Council 26 – 373 5/3/2022
14 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.

The policy language shall provide, or be endorsed to provide, that the selfinsured 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 provided for at least five (5) years after completion of the contract of work.

City Council 26 – 374 5/3/2022
15 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.

5. The grant of funds under this Agreement may be terminated due to the nonperformance of SUBRECIPIENT and/or failure of SUBRECIPENT to perform the work described in Exhibit A.

6. The grant of funds under this Agreement may be terminated due to the failure of the CITY to receive sufficient or anticipated funding for the ARPA program for any term subject to this Agreement.

City Council 26 – 375 5/3/2022
16 J. Limitation of Funds. The United States of America may in the future place programmatic or fiscal limitations on the use of ARPA SLFRF Funds, which limitations are not presently anticipated. Accordingly, CITY reserves the right to revise this Agreement in order to take account of actions affecting ARPA program funding. In the event of funding reduction, CITY may, in its sole and absolute discretion, reduce the budget of this Agreement, may limit the rate of SUBRECIPIENT’s authority to utilize funds, or may restrict SUBRECIPIENT’s use of uncommitted funds. Where CITY has been directed to implement a reduction in funding, with respect to funding for this Agreement, CITY’s City Manager or delegate is authorized to act for CITY in implementing and effecting such a reduction and in revising, modifying, or amending the Agreement for such purposes. If such a reduction in funding occurs, SUBRECIPIENT shall be permitted to de-scope accordingly. Where CITY has reasonable grounds to question SUBRECIPIENT’s fiscal accountability or compliance with this Agreement, CITY may suspend the operation of this Agreement for up to sixty (60) days upon five (5) days written notice to SUBRECIPIENT of its intention to so act, pending an audit or other resolution of such questions. In no event, however, shall any revisions made by CITY affect expenditures and legally binding commitments made by SUBRECIPIENT before it received notice of such revision, provided that such amounts have been committed in good faith and are otherwise allowable and that such commitments are consistent with ARPA SLFRF Funds withdrawal guidelines.

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.

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17 O. Federal Award Identification Information. SUBRECIPIENT’s pertinent Federal Award Identification Information, including DUNS Number and Federal Award Identification Number (FAIN), as well as the applicable information for ARPA, are included in Exhibit C attached hereto and incorporated herein by this reference.

P. Miscellaneous Provisions.

2. All Exhibits and Attachments referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement.

EXHIBIT A

SCOPE OF WORK
City Council 26 – 379 5/3/2022
Scope of Work 4.1
Neutral Ground- Youth Violence Prevention
Program Component Descriptions:

Neutral Ground proposes to implement and facilitate an intervention model that has produced favorable results in many cities and counties throughout California. The purpose of the Neutral Ground- Youth Violence Prevention Program (NG-YVP) is to facilitate effective outreach and increase prevention efforts. In collaboration with Santa Ana Police Department, Santa Ana School Police, and the Orange County Probation Department, a referral continuum will be established between our law enforcement partners and the NG-YVP team. Youth of families victimized by violence and/or siblings of juvenile-justice involved youth and/or students showing sudden changes in behavior, especially those demonstrating aggression will be referred to NG-YVP for restorative practices, support services and linkages, and case management. To address the trauma-informed goal of the program, the Adverse Childhood Experiences (ACE) Survey will be administered to all participants at time of enrollment. This trauma-focused screening tool will assist providers to determine the level of intervention and targeted referrals/linkages needed for participants. Special attention will be paid to youth/students who have been severely impacted emotionally, academically, and financially (home/basic needs) as a result of the COVID-19 crisis. The ultimate goal is to redirect participants back to a positive trajectory and reconnect them to programs, their schools, positive influences, and their family to build a violence- free, strong, healthy, and meaningful future.

Development of referral system with law
enforcement partners (SAPD, SA School
Police, OC Probation)
See letter of support from Santa Ana
School Police, as well as the Memorandum
of Understanding which is already active
with SASP as well as OC Probation.

Begins
March
2022-
continues
through
March
2023
Seamless continuum of referrals of at-risk youth in need of NG-YVP services will be developed and sustained on a
continuous basis from law enforcement partners.

Referrals will also include the siblings of victims of
violence/other criminal victimization.

Staff Recruitment and Training MarchApril 2022
and
ongoing
Staff with experience with youth and the SA community
who are bilingual Spanish speakers will be recruited for positions. Staff will be trained in crisis response, safety, de-escalation techniques and case management primarily
through the Urban Peace Institute and expert consultants and community-based agencies.

Case Management Services Referrals
will begin
– April
2022-
ongoing
Minimum of 20-40 unduplicated youth will receive
intensive case management services each semester by the Program Supervisor, Case Manager, and the Master of
Social Work Interns. (Minimum of 80 per year)
Participant Survey/Assessment Ongoing Adverse Childhood Experience (ACE) Survey will be administered to all participants at time of enrollment.

Staff will address common issues experienced by
participants in healing circles or individually at the end of case management sessions.

Restorative Circles Occur
Weeklyongoing
50% of the 80 NG-YVP participants will engage in a
minimum of 6 restorative circles after their case
management meetings with staff. The focus of the RP
Circles will be to prevent and redirect youth who are atrisk. Research is clear about family and sibling risk factorsthis program will mitigate and increase healing, reduce Exhibit A
City Council 26 – 380 5/3/2022
risk factors and encourage positive pathways for
participants.

Restorative Community Circles/Meetings Quarterly Law enforcement partners and community agency representatives will present and engage with NG-YVP
participants in RP Community circles. LE will address the impact of COVID and encourage goal setting, build
relationships and connections to participants.

Linkages: Community mental health
support, participants who have more
extensive multi-faceted mental health
need to consistently engage with mental
health practitioners to support recovery
form COVID-19 struggles.

Ongoing 25% of the 80 NG-YVP participants will be linked to services for more extensive mental health support. NGYVP program will assist with transportation and ensure follow-up of participants.

Linkages: Meeting basic needs, in order for
participants to recover from the COVID-19
struggles we must ensure that basic needs
have been met. Urgent necessities i.e.,
transportation, food and shelter will also
be provided upon need.

Ongoing 50% of the 80 NG-YVP participants will be linked to services to assist them with basic needs such as medical, food or housing/shelter. NG-YVP program will assist with transportation and ensure follow-up of participants.

Culmination Events: Research indicates
that recognizing progress and growth is
critical in effective youth development
efforts. (Hawkins & Catalano)
Twice per
year
NG-YVP participants will receive t-shirts, customized
awards, and incentives to recognize outstanding
participation, follow through and achievements in
program, school, family, and community. Two events will take place where family, law enforcement, and
community partners will join to applaud youth efforts.

Target Population:

The Neutral Ground-Youth Violence Prevention Program is committed to intervening in the lives of youth and young adults who are at-risk for contact with the justice system and to reduce recidivism for those who have already become juvenile justice involved. For justice-involved youth, the opportunity for violence prevention is critical in order to redirect the trajectory of at-risk pathways. The NG-Youth Violence Prevention program will prioritize referrals of at-risk youth who have experienced hardships due to COVID-19. It is important for youth to have the support necessary to build hope, confidence, and a future that is stable and safe. The NG-YVP will provide urgent support through case management services which will foster resilience, mental and physical stability, reduce economic/social barriers, increase family connectedness and support safety and security throughout violence prone environments. A lack of stability in the environment from involvement in the justice system increases the social instabilities and family dysfunctions and experiences. (OJJDP, 2010; OJJDP, 2018; Watson et al., 2020). Our diverse community unfortunately suffers economically; 91% of students are classified as socioeconomically disadvantaged; 99% of its students are of minority status (96% Hispanic, 1% White, 1% Asian, 1% African American), 60% of students are classified as English Language Learners and the special education rate is 12% which is among the highest of Orange County school districts. On the average, 86% of the students qualify for Free and reduced Lunch Programs. The COVID-19 pandemic has created struggles with changes to the on-line learning, job, health, and food insecurities that impact the daily lives of this population.

Due to persistent risk factors across all aspects of life, youth within the qualified service tract are among the highest need for mental health support, substance abuse disorder treatment and restorative practices. Research indicates that untreated mental health disorders lead to higher rates of juvenile incarcerations, aggression, school dropout, family dysfunction, and drug abuse. A Youth Violence Prevention program is therefore needed to serve this population and their families to reduce barriers that are further increasing these disparities. To be effective, it is imperative to provide guidance, social-emotional support, hope and a pathway toward change. Prevention is critical to promoting peace and ending the cycles of victimization.

3. Unmet Need
The social determinants of health such as generational poverty, violence, addiction, and delinquency that have impacted this community adds to the social vulnerability this community represents (CDC, 2021). As the research states above, this population has faced tremendous barriers to connecting and sustaining their engagement with many programs due to geographic distances/transportation challenges, cultural disconnects and dissonance, language barriers as well as collective generational trauma (Watson et al., 2020). In Orange County, Santa Ana has the largest percentage of felony (20%) and misdemeanor (16%) arrests. Gang
City Council 26 – 381 5/3/2022
disproportionate Minority Contact-Technical Assistance Project (DMC-TAP) Summary Report and Recommendations in Orange County, California, even though Latinos are only 46% of the general population, they are overrepresented in Juvenile Hall and represent 75% of the population, the majority coming from Santa Ana and Anaheim. Truly this data demonstrates the need for prevention of our younger at-risk youth and young adults. In order to be effective, it is imperative to provide guidance, socialemotional support, hope and a pathway toward change. Violence is the leading cause of death among adolescents and a violence prevention program can focus on the various risk factors and highlight the protective factors (Oscós-Sánchez et al., 2021). When developed and implemented on a community level, engaging adolescents can address the health benefits that help empower this population to address the mental health imbalances, family dysfunction, dysregulated structure to routine, social instability and safety/security that have all been heightened in this community by the COVID-19 pandemic (Oscós-Sánchez et al., 2021).

Due to this need for violence prevention, Neutral Ground’s proposed program will fulfill the gaps of services that are traditionally unavailable in the densely populated areas of need. The youth will also be motivated to make positive life choices as they learn from positive role models who have followed traditional and non-traditional pathways to success and have effectively redirected their lives, overcome obstacles, and built rewarding lives for themselves. The youths in turn will experience a culturally inclusionary and culturally competent, healthy and safe environment where supports are accessible, and barriers traditionally blocking success have been removed.

4. Details of Collaborations with Local Organizations
Neutral Ground has been operating in the heart of Santa Ana for the past 30 years and has established a strong network of collaborative partners. The founder, Nati Alvarado, was a teen father himself at the age of 15. His passion to help others and avoid the trauma and heartache that he and his family experienced in his youth have given him the desire to pursue this work and lead his agency with a strong collaborative spirit. His deep commitment to new and existing partnerships demonstrates a strong foundation of collaborative readiness to serve Santa Ana youth through a wide range of community activities and events.

Over the past 10 years Neutral Ground has participated in The California Endowment's Building Healthy Communities (BHC) Initiative within Santa Ana Unified School District, developed the Friday Night Lights Program with funding from the City of Santa Ana which served thousands of youths from all over the city. In addition, Neutral Ground was selected as a partner to provide job preparation and drug abuse prevention in the Prop.47 grant with the alternative education programs within SAUSD and funded to provide Restorative Practices at secondary schools throughout the community. Neutral Ground also implemented the Proud Parent grant in SAUSD which included a collaborative partnership with community agencies and OC Probation Department. The partnership was so successful the Memorandum of Understanding has been renewed although the grant ended several years ago.

Throughout the years Neutral Ground has been a reliable and cutting-edge community agency ready and willing to serve the community through collaborations and partnerships with law enforcement agencies, school districts and other community agencies. Memorandum of Understandings are already active for two of the major law enforcement partners in this grant.

5. Innovation in Service/Delivery
NG has developed an innovative proposal including evidence-based practices that will prove effective with this uniquely vulnerable population, the NG-YVP will Implement a comprehensive case management system that will support highly impacted youth of COVID-19. Neutral Ground will be providing staff who will coordinate linkages to urgent resources to mitigate the gaps in basic needs while simultaneously facilitating restorative circles to rebuild social-emotional health. NG has a long-standing commitment to serving the most vulnerable and is known for incorporating trauma-informed care into services. Trauma-informed care is a strength-based approach that emphasizes physical, psychological, and emotional safety to create an environment for participants to rebuild a sense of control and empowerment (Hopper, Bassuk, & Olivet, 20I0) NG activities will be conducted in safe spaces where youth feel culturally, emotionally, and physically safe. NG staff have extensive training on the evidence-based services, and many have first-hand understanding of the life struggles that impact the youth of today. The majority of the NG-YVP team will be from Santa Ana and are culturally proficient and bilingual. Their youth-driven, evidenced-based, support services are customizedbased on the needs and the input from teachers and support personnel from their schools. NG will maximize t he potential of each participant by setting and achieving individualized goals and plans. The NG-Youth Violence Prevention program is also innovative due to its ability to be up and running in less than a month. The partnership is already solidified with Memorandums of Understanding with Santa Ana Unified School Police and Orange County Probation. Communication and collaboration will be developed with the Santa Ana Police Department once the program is funded. Referrals have already been committed by several partners and staff have already been recruited and on stand-by in order to begin the program upon approval. A famous quote from a student in San Francisco once advised a conference room of service providers, "A child will walk around trouble and away from trouble, if they have someone to walk with and somewhere to walk to." By receiving funding for Youth Violence Prevention, Neutral Ground will be able to expand and fulfill this dire need for so many of the lost and impacted youth in our city.

Exhibit A
City Council 26 – 382 5/3/2022

EXHIBIT B

FEE PAYMENT SCHEDULE
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Organization Name
Program Name
Term:

Expenditures
Funded By
Santa Ana
REVIVE Funds
Expenditures
Funded By
Other Sources
Program
Budget
Total
Organization
Budget
$0 $0
$88,400 $88,400
$2,800 $2,800
$21,983 $21,983
$0 $0
$0 $0
$0 $0
$0 $0
$0 $0
$0 $0
$113,183 $0 $113,183 $0

FUNDING SOURCE
Santa Ana REVIVE
AMOUNT
$ 113,183
Funding Source Total must equal Program Budget Total listed above.

TOTAL

PROGRAM RESOURCES
LIST ALL OTHER PROGRAM RESOURCES FOR 2022-2023
FISCAL YEAR 2022-2023

PROPOSED PROGRAM BUDGET
Natis House dba Neutral Ground
YVP (Youth Violence Prevention)

EXPENDITURES
Enter budget categories and projected expenditures:

Category
Administrative Staff Salaries
Program Staff Salaries
Contractual Services
OtherJuly 1, 2022 to June 30, 2023
TOTAL $ 113,183
Attachment 1(a)
Exhibit B
City Council 26 – 384 5/3/2022

ADMINISTRATIVE STAFF
Position Title Annual Salary & Benefits REVIVE Funds Description

PROGRAM STAFF
Position Title Annual Salary & Benefits REVIVE Funds Description Program Supervisor $ 66,560.00 $ 66,560.00 $32 p/hr x 40 hours x 52 weeks Restorative Practices Leads/Case Manager $ 21,840.00 $ 21,840.00 $21 p/hr x 20 hours x 52 weeks Type of Service Contract Amount REVIVE Funds Description Master Social Work Interns $2,800 $2,800 For contracting of interns

OTHER LINE ITEMS
Line Item Program Amount REVIVE Funds Description
Other $21,983 $21,983
Office Rent/Lease $5,000:

Offices/meeting spaces for program
staff & clients.

Emergency Transportation $970 Bus
passes for transportation to services
& supports
Emergency meals/food & shelter,
clothing $1,000: Needs due to
urgency or safety factors
Mileage for Program Supervisor & RPCM $1,684: Mileage to meet with youth at their homes/community
agencies
Background Check for new
employees & interns $260:

Background check fees
2 Laptops $2,780: to support, track
and research for case management
purposes
Indirect Cost $10,289: 10% (of whole
budget subtotal $102,894)
2022-2023 REVIVE BUDGET LINE ITEMS

CONTRACTUAL/PROFESSIONAL SERVICES
Attachment 1(b)
Exhibit B
City Council 26 – 385 5/3/2022

EXHIBIT C

FEDERAL AWARD IDENTIFICATION INFORMATION
The General Program Requirements were designed to provide the framework where the CONTRACTOR will provide ARPA programs identified in this attachment.

I. GOVERNANCE
The CONTRACTOR agrees to comply, remain informed, and deliver services consistent with the provisions of ARPA.

Where local policy has not been set, the CONTRACTOR agrees to adhere to state and/or federal policy, as appropriate.

II. GOVERNANCE REFERENCES
A. Additional state and federal agencies that provide funding to the CITY may be incorporated herein.

B. Information Bulletins, Directives, and any other federal and state guidance documents pertaining to the ARPA SLFRF Funds.

C. Actions, directives, and policy and procedures issued by the CITY.

D. CITY policies, as applicable.

III. CONTRACTOR/SUBRECIPIENT DETERMINATION:

In accordance with the requirements of 2 CFR 200.330 (Subrecipient and Contractor determination) and for the purpose of this CONTRACT, SUBRECIPIENT is determined to be a CONTRACTOR.

City Council 26 – 386 5/3/2022
IV. FEDERAL AWARD IDENTIFICATION

FAIN INFORMATION
A. CONTRACTOR Name: NATI’S HOUSE DBA NEUTRAL GROUND
B. CONTRACTOR’S Unique
Identifier (D-U-N-S): 079536874
C.

Federal Award
Identification Number
(FAIN):

SLFRP1059
D. Federal Award Date: 5/19/2021
E. Subaward Period of
Performance: 7/1/2022-6/30/2023
F.

Total Amount of Federal
Funds Obligated by the
Action:
$113,183
G.

Total Amount of Federal
Funds Obligated to the
CONTRACTOR:
$113,183
H. Total Amount of the
Federal Award: $64,180,406.50
I. Federal Award Project
Description:

American Rescue Plan Act (ARPA)
J. Federal Awarding Agency: U.S. Department of the Treasury K. Name of PTE: City of Santa Ana
L. Contact Information for the
Awarding Official: Kristine Ridge, City Manager
Phone Number: (714) 647-5200
E-mail Address: [email protected]
M. CFDA Number: 21.027
CFDA Name: Coronavirus State and Local Fiscal Recovery Funds N. Whether Award is R&D: No
O. Indirect Cost Rate for the
Federal Award: de minimus or federally negotiated rate
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1 AGREEMENT BETWEEN THE CITY OF SANTA ANA AND

ORANGE COUNTY BAR FOUNDATION FOR USE OF AMERICAN RESCUE PLAN

ACT (ARPA) FUNDS
This Agreement is hereby made and entered into this 3rd day of May, 2022, by and between the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“CITY”), and Orange County Bar Foundation DBA Project Youth OCBF, a California domestic nonprofit corporation (“SUBRECIPIENT” or “CONTRACTOR”).

RECITALS:

I. ARPA PROGRAM PROVISIONS
A. Scope of Work. SUBRECIPIENT shall be responsible for the specific tasks and services of said program, and agrees to administer said program in compliance with the tasks and City Council 26 – 465 5/3/2022
2 services as described in the Scope of Work attached hereto as Exhibit A. SUBRECIPIENT’s failure to perform as required may, in addition to other remedies set forth in this Agreement, result in readjustment of the amount of funds for said program or termination of this Agreement.

Additionally, the Term of this Agreement may be extended by a writing executed by the City Manager, or designee, and the City Attorney.

City Council 26 – 466 5/3/2022
3 E. Grant Program Requirements.
(1) SUBRECIPIENT acknowledges that the source of funding for said program is the federal ARPA, and that payments from the ARPA SLFRF Funds are only to be used to make necessary expenditures incurred due to the public health emergency with respect to COVID-19. (2) SUBRECIPIENT acknowledges that ARPA provisions allow the use of ARPA 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) SUBRECIPIENT shall follow the process and determination of eligibility for participants in said program as outlined in Exhibit A.

City Council 26 – 467 5/3/2022
4 G. Audit.
(1) SUBRECIPIENT shall maintain complete and accurate records and supporting documentation to facilitate financial and/or program audits by CITY. This requirement shall apply to any records and documentation CITY shall reasonably require or as required to be maintained pursuant to the ARPA regulations.
(2) The books and accounts, files, and other records of SUBRECIPIENT, which are applicable to this Agreement, shall be available for inspection, review, and audit during normal business hours by CITY to determine the proper application and use of all ARPA SLFRF Funds provided to or for the account or benefit of SUBRECIPIENT. (3) SUBRECIPIENT assumes responsibility for reimbursement to CITY a sum of money equivalent to the amount of any expenditures disallowed should the CITY, or an authorized agency, rule through audit, exception, or some other appropriate means, that expenditures from funds allocated to SUBRECIPIENT for direct and/or administrative costs were not made in compliance with the applicable cost principles, regulations, or the provisions of this Agreement. (4) SUBRECIPIENT agrees to comply with the requirements of OMB Uniform Guidance 2 CFR Part 200. SUBRECIPIENT further agrees to provide CITY with a copy of completed independent auditors’ report within thirty (30) days of CITY’s request for such report. If the report contains instances of non-compliance with federal laws and regulations that bear directly on the performance or administration of this Agreement, SUBRECIPIENT shall provide CITY copies of responses to auditors’ reports, a plan for corrective action, and auditors’ response that the noncompliance has been resolved. All reports prepared in accord with the requirements of OMB Uniform Guidance 2 CFR Part 200 shall be available for inspection by representatives of CITY or the federal government during normal business hours.
(5) All accounting records, reports, and evidence pertaining to all costs, expenses and the ARPA SLFRF Funds of SUBRECIPIENT and all documents related to this Agreement shall be maintained and kept available at SUBRECIPIENT’S office or place of business for the duration of the Agreement and thereafter for five (5) years from the date of final payment under this Agreement. Records which relate to: (a) complaints, claims, administrative proceedings or litigation arising out of the performance of this Agreement; or, (b) costs and expenses of this Agreement to which CITY or any other governmental agency takes exception, shall be retained beyond the five (5) years until complete resolution or disposition of such appeals, litigation claims, or exceptions. In the event SUBRECIPIENT does not make the above-referenced documents available within the City of Santa Ana, California, SUBRECIPIENT agrees to pay all necessary and reasonable expenses incurred by CITY in conducting any audit at the location where said records and books of account are maintained.

H. Ownership/Use of Materials. SUBRECIPIENT agrees that all materials, reports or products in any form, including electronic, created by SUBRECIPIENT for which SUBRECIPIENT has been compensated pursuant to this Agreement shall be the sole property of the CITY. The material, reports, or products may be used by the CITY for any purpose that the City Council 26 – 468 5/3/2022
5 CITY deems to be appropriate, including, but not limit to, duplication and/or distribution within the CITY or to third parties. SUBRECIPIENT agrees not to release or circulate in whole or part such materials, reports, or products without prior written authorization of the CITY.

Santa Ana City CouncilMay 3, 2022

Santa Ana City Council
May 3, 2022