Agenda packet — Santa Ana City Council, May 3, 2022 (part 4 of 6)

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.

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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.

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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.

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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 – 473 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 – 474 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 – 475 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:

Karen Ruan
Executive Director
1605 E. 17th Street
Santa Ana, CA 92705-8529
F. Assignability. None of the duties of, or work to be performed by, SUBRECIPIENT under this Agreement shall be subcontracted or assigned to any agency, consultant, or person without the prior written consent of CITY. SUBRECIPIENT must submit all subcontracts and other agreements that relate to this Agreement to CITY. No subcontract or assignment shall terminate or alter the legal obligations of SUBRECIPIENT pursuant to this Agreement.

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

H. Insurance.

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

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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.

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14 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.

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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.

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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.

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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.

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

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

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

SCOPE OF WORK
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4. SCOPE OF WORK: 12 months (July 1, 2022-June 30, 2023) (3 page max)

1. Services Provided and Tasks to be Accomplished—Our proposed violence prevention programs, SHORTSTOP and STOP SHORT of Addiction, will provide at-risk youth and their families in Santa Ana with an evidence-based alternative to detention and out-patient substance abuse treatment. These crisis-support services are time-limited and culturally proficient.

SHORTSTOP and STOP SHORT of Addiction also works with youth and families to recover from the negative impacts of COVID-19.

SHORTSTOP is one of the oldest and most successful juvenile diversion programs in Orange County. For over 40 years, it has set youth offenders back on the right path by giving them the chance to learn from their mistakes and move forward without serving jail time or having a criminal record. It's a wake-up call that has proven to be extremely successful. In fact, studies show that not only are alternatives to detention cost-effective, but they are much more successful in creating long-term behavioral changes than incarceration.

SHORTSTOP has been professionally evaluated and identified as a science-based model for preventing delinquent activity/substance abuse among at-risk youth (Journal of Drug Education, 2005). It is not a scared straight program. While the program begins by giving youth a realistic view of the criminal justice system, the focus then shifts to helping youth set goals, explore their future, build healthy family communications, and develop effective peer-refusal skills. Services include:
—Clinical Intake (2 hours): The clinical intake assessment gathers valuable information about the youth's emotional stability, at-risk behaviors, drug history, impact of COVID-19, family dynamics and school functioning.
—Diversion Sessions (two, 3-hour sessions): Due to the pandemic, program sessions are held in the Project Youth OCBF offices (not the courthouses), where youth and parents receive a virtual tour of the courthouse and holding cell. They also hear from paroled convicts and participate in a trial simulation. Youth and parents then receive intensive legal education (including parents’ legal rights and responsibilities) and participate in numerous family-strengthening and communication exercises. Sessions promote personal responsibility, self-control, peer-refusal skills, parental monitoring, and school bonding.
—Mandatory Assignments: A critical part of SHORTSTOP is what happens at home.

Assignments include: reading decision-making and legal education materials, writing assignments (for example, how much their city pays to scrub out graffiti), goal-setting exercises, and interviewing a working professional to encourage exploration of future career paths. —Exit Plan and Case Management/Referral Services: At the end of the program, each youth and their family are provided with an individualized exit plan. As needed, clients are referred to our Intensive Case Management for up to 12 weeks, where they receive linkages to resources and longer-term supportive services. After a comprehensive assessment with the youth, a case manager develops an individualized service plan with the youth that identifies priorities, desired outcomes, and the strategies and resources to be used in attaining the outcomes. The case manager also works with youth to develop problem solving skills, participating in prosocial activities, anger management, job seeking skills, drug/alcohol refusal skills (when applicable), and communication skills (youth and parent/family), as well as parenting skills with the parent/caregiver.

Exhibit A
City Council 26 – 484 5/3/2022
Staff assist youth and family members to access additional wraparound services through our partner agencies. Youth and family members may also be referred to other Project Youth OCBF programs. Our new pilot program, ICAN! (Independence, Competence, and Aptitudes, Now!), assists at-risk, transition-age youth (ages 17-22) to identify their career interests and complete a vocational training program. The Higher Education Mentoring Program provides low-income, Latino youth with the academic, social and financial support needed to earn their college degree and enter the professional workforce. Project SELF (Summer Employment with Law Firms) offers paid summer internships at local law firms for low-income high school students. Madres Unidas (meaning Mothers United) provides evidence-based health education and risk-reduction services to Latinas. Our Youth Making Proud Choices! program offers evidence-based sexual health education services to youth to prevent pregnancy, HIV, and STIs.

Based on our evidence-based SHORTSTOP model, STOP SHORT of Addiction provides an alternative to incarceration and out-patient substance abuse treatment for youth drug offenders or drug users in Orange County. STOP SHORT of Addition is administered by bilingual/bicultural therapists, with assistance from trained legal experts, the sheriff’s coroner and local law enforcement narcotics officers. Guest speakers are also provided from the Youth Guidance Center and Volunteers on Parole. Services include:
—Clinical Intake Assessment (same as SHORTSTOP)
—Substance Abuse Treatment Sessions (three, 3-hour sessions): Sessions focus on providing legal education, healthy communication/coping skills, educational materials and helping youth maintain a drug-free lifestyle. Highlights include a virtual tour of the courtroom and holding cell, panel with incarcerated minors where they discuss how delinquent behavior and drug use led them to criminal activity and incarceration, a presentation from the county coroner illustrating the biological and psychological effects of drug abuse, group therapy, and a panel of recovered teens that discuss making the choice to stay drug-free.
—Mandatory Assignments (same as SHORTSTOP- plus attending two AA or NA meetings) — Exit Plan and Case Management/Referral Services (same as SHORTSTOP) Duration— Project Youth OCBF requests a grant period of two years. SHORTSTOP and STOP SHORT of Addiction are both ongoing programs, with new sessions starting every month. Services are offered in both English and Spanish in a culturally-appropriate manner.

Deliverables for the 12-month Grant Period—Objective 1: 60 youth and 80 parents participating in SHORTSTOP will each receive 6 hours of intensive legal education services.

Outcome: 75% of the youth and parents participating in SHORTSTOP will report increased legal education knowledge, as reported at program exit.

Objective 2: 60 participating SHORTSTOP youth will each receive 6 hours of diversion services.

Outcome: 85% of participating youth that complete SHORTSTOP will be diverted from the juvenile justice system.

Objective 3: 70 youth and 90 parents participating in STOP SHORT of Addiction will each receive 9 hours of intensive legal education services. Outcome: 75% of the youth and participating in STOP SHORT of Addiction will report increased legal education knowledge, as reported at program exit.

Exhibit A
City Council 26 – 485 5/3/2022
Objective 4: 70 participating STOP SHORT of Addiction youth will receive 9 hours of substance abuse treatment services. Outcome: 80% of participating STOP SHORT of Addiction youth will report reduced drug/alcohol use six months after completing the program.

Objective 5: 70 participating STOP SHORT of Addiction youth will receive 9 hours of diversion services. Outcome: 85% of participating youth that complete STOP SHORT of Addiction will be diverted from the juvenile justice system.

Objective 6: 130 youth and 170 family members will receive support services to alleviate the impact of COVID-19. Outcome: 95% of participants will report decreased stress, depression, anxiety and suicidal ideation.

Our most recent SHORTSTOP outcomes include (based on client reporting) • 95% of youth have not been rearrested within 6 months of completing the program • 75% of youth report decreased fighting with parents
• 75% of parents report improved communication with their child • 80% of parents report increased awareness of available community resources • 67% of youth report increased desire to attend college or vocational training • 100% of parents would recommend SHORTSTOP to another parent Our most recent STOP SHORT of Addiction outcomes include (based on client reporting) • 89% of youth have not been rearrested within 6 months of completing the program • 80% of youth report decreased substance use
• 57% of parents report improved communication with their child • 80% of parents report increased awareness of available community resources • 59% of youth report increased desire to attend college or vocational training • 100% of parents would recommend STOP SHORT of Addiction to another parent

2. Target Population—SHORTSTOP and STOP SHORT of Addiction serve youth, ages 12-18, and their family members. Parental participation is mandatory. Over the one-year grant period, we plan to serve 300 youth and family members from Santa Ana, a city disproportionately impacted by the pandemic. This includes 60 SHORSTOP youth and 80 parents, and 70 STOP SHORT of Addiction youth and 90 parents. (Qualified Service Tracts served: 743.00, 744.00, 744.03, 744.05, 744.07, 745.01, 748.02, 748.05, 748.06, 749.01, 749.02, 750.02, 750.03, 750.04, 755.14, and 992.48.) Youth will be referred by the Probation Department or by a Santa Ana referral agent for drug use, possession of alcohol and/or drugs, petty theft, burglary, assault and battery, truancy, possession of weapons, vandalism and other criminal offenses.

All youth are potentially at risk for delinquency and substance abuse, but Orange County’s Latino youth are particularly vulnerable. While they represent 47% of the county's youth, Latino’s account for 86% of teen mothers, 64% of high school dropouts, 92% of youth gang members, and 78% of youth probationers (Conditions of Children in Orange County, 2018).

Exhibit A
City Council 26 – 486 5/3/2022

EXHIBIT B

FEE PAYMENT SCHEDULE
City Council 26 – 487 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
$44,241 $ 102,470 $146,711 $ 146,711
$64,472 $ 42,981 $107,453 $ 107,453
$0 $0
$16,287 $ 21,837 $38,124 $ 38,124
$0 $0
$0 $0
$0 $0
$0 $0
$0 $0
$0 $0
$125,000 $167,288 $292,288 $292,288
Jeffrey Carlton Foundation
TOTAL $ 292,288
$ 25,288.00
FISCAL YEAR 2022-2023

PROPOSED PROGRAM BUDGET
Orange County Bar Foundation (dba: Project Youth OCBF)
STOP SHORT of Addiction & SHORTSTOP Diversion Services

EXPENDITURES
Enter budget categories and projected expenditures:

Category
Administrative Staff Salaries
Program Staff Salaries
Contractual Services
Other- (15% Indirect Cost)
July 1, 2022 to June 30, 2023
Funding Source Total must equal Program Budget Total listed above.

TOTAL

PROGRAM RESOURCES
LIST ALL OTHER PROGRAM RESOURCES FOR 2022-2023
Hoag Family Foundation

FUNDING SOURCE
Santa Ana REVIVE
PY OCBF Fundraisers
$ 50,000.00
Pacific Life Foundation
OCBA
Lon V Smith Foundation
$ 7,500.00
$ 70,000.00
$ 7,000.00
$ 7,500.00
AMOUNT
$ 125,000
Exhibit B
City Council 26 – 488 5/3/2022

ADMINISTRATIVE STAFF
Position Title Annual Salary & Benefits REVIVE Funds Description Diversion Coordinator (SSOA) 75,030.00 22,737.00 oversee SSOA Diversion Coordinator (SS) 71,682.00 21,504.00 oversee SHORTSTOP

PROGRAM STAFF
Position Title Annual Salary & Benefits REVIVE Funds Description Case Manager (SSOA/SS) 53,726.40 32,236.00 SSOA/SHORTSTOP Case Manager (SSOA/SS) 53,726.40 32,236.00 SSOA/SHORTSTOP direct client services
Type of Service Contract Amount REVIVE Funds Description N/A

OTHER LINE ITEMS
Line Item Program Amount REVIVE Funds Description
Indirect Costs 15% $38,124 $16,287 Federally negotiated rate 2022-2023 REVIVE BUDGET LINE ITEMS

CONTRACTUAL/PROFESSIONAL SERVICES
Attachment 1(b)
Exhibit B
City Council 26 – 489 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 – 490 5/3/2022
IV. FEDERAL AWARD IDENTIFICATION

FAIN INFORMATION
A. CONTRACTOR Name: Orange County Bar Foundation DBA Project Youth OCBF B. CONTRACTOR’S Unique
Identifier (D-U-N-S): 790384127
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

DEBARMENT
Certification Regarding
Debarment. Suspension. Ineligibility and Voluntary Exclusion Lovver Tier Covered Transactions
This certification is required by the regulations implementing Executive Order 12549. Debarment and Suspension. 29 CFR Part 98, Section 98.510. Patticipants' responsibilities. The regulations were published as Part VII of the May 26, 1988 Federal Re�ister (pages 19160-19211). (BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS FOR CERTIFICATION - Attached)
(I) The prospective recipient of federal assistance funds certifies, by submission of this proposal. that neither it nor its principals are presently debaned, 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.
e and Title of Authorized Representative
Date
City Council 26 – 492 5/3/2022
City Council 26 – 493 5/3/2022
City Council 26 – 494 5/3/2022
City Council 26 – 495 5/3/2022
City Council 26 – 496 5/3/2022
City Council 26 – 497 5/3/2022
City Council 26 – 498 5/3/2022
City Council 26 – 499 5/3/2022
1 AGREEMENT BETWEEN THE CITY OF SANTA ANA AND PADRES UNIDOS

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

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 – 500 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 One Hundred Twenty-Four Thousand Nine Hundred Ninety-Five Dollars and Zero Cents ($124,995) (“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 – 501 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 – 502 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 – 503 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.

City Council 26 – 504 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 – 505 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 – 506 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 – 507 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 – 508 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 – 509 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 – 510 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:

Padres Unidos
P.O. Box
Santa Ana, CA 92702
F. Assignability. None of the duties of, or work to be performed by, SUBRECIPIENT under this Agreement shall be subcontracted or assigned to any agency, consultant, or person without the prior written consent of CITY. SUBRECIPIENT must submit all subcontracts and other agreements that relate to this Agreement to CITY. No subcontract or assignment shall terminate or alter the legal obligations of SUBRECIPIENT pursuant to this Agreement.

H. Insurance.

City Council 26 – 511 5/3/2022
13 a. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as:

Any insurance or self-insurance maintained by the City, its officers, officials, City Council 26 – 512 5/3/2022
14 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 – 513 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 – 514 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 – 515 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.

CITY OF SANTA ANA
________________________

KRISTINE RIDGE
City Manager
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: SUBRECIPIENT:
______________________________ ______________________________ LISA RUDLOFF Patricia Huerta-Meza
Executive Director Executive Director
Parks, Recreation and Community Services Agency DUNS #: 061959469 City Council 26 – 517 5/3/2022

EXHIBIT A

SCOPE OF WORK
City Council 26 – 518 5/3/2022

REVISED SCOPE OF WORK
FOR
REVIVE:

SANTA ANA YOUTH PROGRAMS FOR
RFP NO.: 21-116A
Early Childhood Support

CITY OF SANTA ANA
Parks, Recreation and Community Services Agency 20 Civic Center Plaza-M23 Santa Ana, CA 92701
Frank Arroyo
RFP Administrator
(714) 571-4218 Office
[email protected]
RESPONSE SUBMITTED BY:
“Successful Families Build Successful Communities”
Exhibit A
City Council 26 – 519 5/3/2022
Response Submitted by Padres Unidos- Early Childhood Support City of Santa Ana RFP 21-116A

Page 2 of 4 ends

II. REVISED SCOPE OF WORK: (3 page max)

1. Proposal shall include details of the youth program/service to be provided, the tasks to be accomplished, duration of the program (proposals may be up to two years) and the deliverables to be provided
The following is a description of the Early Learning educational modules that will be offered at three of vulnerable Santa Ana community sites:

Parents as Teachers/School Readiness Parent Education, Outreach and Support Module “34 weeks of service per year for the next year”
**2 SITES AVAILABLE PER YEAR**
• 2 weeks of Outreach, including two door-to-door campaigns in the area • 2 weeks of Needs Assessments (from participants as well as local school) SCHOOL READINESS COMPONENT:
• 3 hours a day, once a week for 30 weeks of School Readiness for 2.5 to 5-year-old class (preschool age children program separate from parent program) We have 8-1 adult to child ratio.

Number of child spaces allocated per program is 32
PARENTS AS TEACHERS COMPONENT:
• Parents as Teachers students up to 45 participants, for 3 hours a day once a week for 30 weeks • 1.5 hours for 30 weeks of Parent Support and Education classes • 1.5 hours for 30 weeks of “First Teachers at Home” parent training to implement and coach structured curriculum at home
• Structured Play Child-Care included for 2 to 5 year-old children. Elementary school age care will be provided if class is after school hours.
“Parents as Teachers/ Early Literacy” Parent Education, Outreach and Support Module” “34 weeks of service per school year for the next year” **1 SITE AVAILABLE PER SCHOOL YEAR**
• 2 weeks of Outreach, including two door-to-door campaigns in the area • 2 weeks of Needs Assessments (from participants as well as local school) • 30 weeks, Once a week 1.5 hour of conjoint parent-child early literacy program • Up to 20 participants including 1 to 5-year-old children with an adult • .5 hour of learning and engagement parent circles
With the effects of the pandemic still being experienced by our most vulnerable Santa Ana communities, our early learning model is an excellent alternative and/or support in lieu of a full-time early education program as many entering kindergarten students come to the district without formal education. A longitudinal program evaluation including parents and children conducted by Chapman University, SAUSD and Padres Unidos utilizing Aeries tracking database and other instruments was conducted in July of 2018. Outcomes showed Padres’ three hours, one day a week program, supports early foundational learning.

Anticipated Outcomes and Competencies
Padres Unidos utilized the framework of the evidence-based Early Development Index (EDI) as the core of our competencies. Developed over the course of nearly 30 years, the EDI is a population-based measure of early child development and school readiness in five key domains: physical health, social Exhibit A
City Council 26 – 520 5/3/2022
Response Submitted by Padres Unidos- Early Childhood Support City of Santa Ana RFP 21-116A

Page 3 of 4 ends

competence, emotional maturity, language and cognitive skills, and communications skills and general knowledge. Padres Unidos’ modules target the five key domains in our Early Learning educational modules. By the end of the attended module, utilizing Pre and Post scores, children ages 2.5 to 4.5 years old will score statistically higher on their TK Foundational Skills Assessment and parents will have increased their level of competency in the areas identified by as core competencies to being a successful and engaged parent. These are measured by a self-report questionnaire administered during week 2 of the program and re-administered during week 25 utilizing self-reporting, observation and journaling. Padres Unidos utilizes a strengths and needs-based curriculum. Our areas of competencies include, but are not limited to: Love and Affection, Stress Management, Communication, Effective decision-making, Development of socio-emotional skills, Empathy , Relationship Skills, Autonomy and Independence Education and Learning, Life Skills, Behavior Management.

2. Proposal shall include details of the target population Our target population will include children ages one to five and their parents from very economically stressed neighborhoods in Santa Ana: Including but not limited to Delhi , Pico-Lowell, Minnie Street/Cornerstone Village, and Garfield. All three neighborhoods have high percentages of adults who did not attend or complete high school (57% to 67%). In these neighborhoods, 84% to 96% of people speak a language other than English at home (predominantly Spanish, but including Cambodian, and Hindi), The majority (56% to 68%) reporting that they do not speak English very well.

3. Proposal shall include details of the unmet need
Santa Ana is the most populous city in Orange County, and the 8th most densely populated urban city in the United States. According to the 2016 US Census, Santa Ana’s total population of 334,217 with 44.5% of adults, ages 25 or older without a high school diploma. Santa Ana is one of the youngest cities in the nation where children under 18 make up over 30% of its population. Roughly 32% of the city’s children under 4 years live below the poverty line. Only 44% of children achieve kindergarten readiness and only 22% of third-graders meet or exceed the CA literacy standards. Nearly one third of children under 4 years in Santa Ana, CA, live below 100% of the Federal Poverty Level—much higher than the national rate (21%). Children living in poverty are at greater risk for poor academic achievement, school dropout, and developmental delays. A lack of awareness and access to early childhood resources contributes to a sobering statistic: We estimate that roughly one-half to two-thirds of Santa Ana’s children 0-3 who need early learning supports are not accessing them.

Padres Unidos remains committed to addressing the unique parenting and educational challenges faced by low-income Hispanic Families in Santa Ana. We provide culturally and linguistically appropriate resources for families facing socio-emotional challenges and who are encountering a variety of selfdestructive behavioral and social issues within their communities. We focus our programs in high need communities, where many families suffer from housing instability, struggle to meet basic needs, and high crime rates. In addition, in many of the communities that we serve there are many immigrant families that struggle with acculturation, fear, and isolation.

Page 4 of 4 ends

advocacy training program for parent volunteers. We also team with Chapman and the University of California Irvine (UCI) for autism and special needs-related child developmental milestones, parent support and education modules. We continue to live our mission across Santa Ana with a unique service model that places us in a direct working relationship with the community. The community relationship is nourished by our Community Workers, former Padres Unidos patrons who are “homegrown” experts and trained through our collaboration with Chapman University.

5. Proposal shall include details of innovation in program/service delivery Our innovative approach capitalizes on the neighborhood channels that families know and trust which are engaged through Padres Unidos Community Workers. This strategy is designed specifically to reach past the cultural, linguistic, transportation, and other barriers that keep low-income families from accessing early childhood and development services. In addition, the majority of residents in the neighborhoods we service are foreign-born, though many of them have young children who are citizens. Our model is uniquely suited to impact this population because it relies on trusted informal connections. Our 8:1 ratio in combination with training of parents to work with curricula at home has proven successful in fomenting growth in the multiple areas of early development of the child. We walk with and encourage families to reach out to their local organizations and safety net system that can help them without fearing stigma or deportation.

Padres Unidos Unique and Innovative Program Delivery Aspects:

Utilizing a bio, psycho, social approach to our communities we leverage the strengths found within each family. First, our Outreach is an all-inclusive platform. In Padres Unidos, we define this as a series of informational and outreach strategies that extend the opportunity to all members to take-hold of a robust branch and become stronger, more vibrant part of our families and communities. These activities increase our range, closeness, and inclusion of school and community members who otherwise are non-responsive to the invitation to participate. Our approach aims to include members of the community and encourage them to be a part of the personal and academic success in their children’s lives. These activities include, but are not limited to: Coffee with parents, the Voice Campaign, the door-to-door initiative, Phone campaign, and a digital and printed literature approach. Second, the Support Platform is the essence that connects, sustains, and perpetuates the growth of children beyond the space and time provided by the Padres Unidos Programs. The combination of the support that is provided to encourage the implementation of change; and the development of a security net that is interconnected and engages the school, parents, and students as custodians and contributors for their personal and familial growth process are our weekly hand-in-hand community strengthening approach. Thirdly, The Educational Platform, is an all-inclusive, skill-building environment for our students where learning takes place. Our framework is an ongoing enrichment process to work on competencies identified by: a) members of Padres Unidos who have attended our classes for the past thirty years. b) For eleven years, the Department of Children and Family Services of Orange County supervised and supported our curriculum c) Educators and scholars from Chapman University College of Educational Studies for the past five years have collaborated with us as we refine our Educational Modules. Padres Unidos counts on a curriculum of 20 core classes and 148 additional topics that are selected based on the needs and choices of participants and the site educators. Another important aspect of our educational modules is our openness to the diverse learning styles of our students. Instead of operating in a hierarchical learning paradigm, we engage parents in an inclusive interactional learning experience.

Exhibit A
City Council 26 – 522 5/3/2022

EXHIBIT B

FEE PAYMENT SCHEDULE
City Council 26 – 523 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
$26,806 $26,806
$69,643 $69,643
$0 $0
$14,900 $14,900
$4,000 $4,000
$9,645 $9,645
$0 $0
$0 $0
$0 $0
$0 $0
$124,994 $0 $124,994 $0

FUNDING SOURCE
Santa Ana REVIVE
AMOUNT
$ 124,994
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
Padres Unidos
Early Learning Educational 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 $ 124,994
Exhibit B
City Council 26 – 524 5/3/2022

ADMINISTRATIVE STAFF
Position Title Annual Salary & Benefits REVIVE Funds Description Executive Director $ 85,000.00 $ 7,167.31
Strategic and operational
responsibility for staff,
programs, expansion, and
execution of Padres Unidos’
mission
Program Manager $ 65,000.00 $ 16,440.81
development and supervision
of programmatic activities by
designing community-level
programs, supervision of staff,
and overseeing the scope of
practice restrictions
Clinical Supervisor $ 36,400.00 $ 3,197.90
provides training, as well as
clinical and personnel
supervision to staff

PROGRAM STAFF
Position Title Annual Salary & Benefits REVIVE Funds Description Site Coordinator $ 15,900.09 $ 15,900.09
coordinate and run program at
site manage
Parent Educators $ 7,674.96 $ 7,674.96 Provide parenting ed.

Child Educators $ 30,699.82 $ 30,699.82 Provide early learning child ed.

Structured Play Child Care $ 7,684.12 $ 7,684.12 child care Site Support $ 7,684.12 $ 7,684.12
provide site support to
coordinator
Volunteers $ - $ -
greet and support in
educational modules
Type of Service Contract Amount REVIVE Funds Description 2022-2023 REVIVE BUDGET LINE ITEMS

CONTRACTUAL/PROFESSIONAL SERVICES
Exhibit B
City Council 26 – 525 5/3/2022

OTHER LINE ITEMS
Line Item Program Amount REVIVE Funds Description
Program Materials $ 14,900.00 $ 14,900.00
Early Ed. Class Material and
services distrubuted and used
to provide for program
participants and direct program
services (i.e. copies, handouts,
activity kits, tech/software,
paper, hospitality (snack/food),
Events $ 4,000.00 $ 4,000.00
program graduations,
participant holiday events and
volunteer /parent recognitions
Indirect Costs @ 10% of Sa $ 9,644.91 $ 9,644.91
i.e accounting, facilities, data,
utilities
Attachment 1(b)
Exhibit B
City Council 26 – 526 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 – 527 5/3/2022
IV. FEDERAL AWARD IDENTIFICATION

FAIN INFORMATION
A. CONTRACTOR Name: Padres Unidos
B. CONTRACTOR’S Unique
Identifier (D-U-N-S): 061959469
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:
$124,995
G.

Total Amount of Federal
Funds Obligated to the
CONTRACTOR:
$124,995
H. Total Amount of the
Federal Award: $64,180,406.50
I. Federal Award Project
Description:

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
City Council 26 – 528 5/3/2022

EXHIBITD

DEBARNIENT
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)
(!) 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.

Signature Date
City Council 26 – 529 5/3/2022
City Council 26 – 530 5/3/2022
City Council 26 – 531 5/3/2022
City Council 26 – 532 5/3/2022
City Council 26 – 533 5/3/2022
1 AGREEMENT BETWEEN THE CITY OF SANTA ANA AND

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

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 – 534 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 Nineteen Thousand Three Hundred Ninety-Five Dollars and Zero Cents ($119,395) (“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 – 535 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 – 536 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 – 537 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 – 538 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 – 539 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 – 540 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 – 541 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 – 542 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 – 543 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 – 544 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:

Padres Unidos
Attn: Patricia Huerta-Meza, Executive Director
P.O. Box
Santa Ana, CA 92702
F. Assignability. None of the duties of, or work to be performed by, SUBRECIPIENT under this Agreement shall be subcontracted or assigned to any agency, consultant, or person without the prior written consent of CITY. SUBRECIPIENT must submit all subcontracts and other agreements that relate to this Agreement to CITY. No subcontract or assignment shall terminate or alter the legal obligations of SUBRECIPIENT pursuant to this Agreement.

H. Insurance.

City Council 26 – 545 5/3/2022
13 a. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as:

Any insurance or self-insurance maintained by the City, its officers, officials, City Council 26 – 546 5/3/2022
14 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 – 547 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 – 548 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.

CITY OF SANTA ANA
________________________

KRISTINE RIDGE
City Manager
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: SUBRECIPIENT:
______________________________ ______________________________ LISA RUDLOFF Patricia Huerta-Meza
Executive Director Executive Director
Parks, Recreation and Community Services Agency DUNS #: 061959469 City Council 26 – 551 5/3/2022

EXHIBIT A

SCOPE OF WORK
City Council 26 – 552 5/3/2022

REVISED SCOPE OF WORK
FOR
REVIVE:

SANTA ANA YOUTH PROGRAMS FOR
RFP NO.: 21-116A

YOUTH VIOLENCE PREVENTION

CITY OF SANTA ANA
Parks, Recreation and Community Services Agency 20 Civic Center Plaza-M23 Santa Ana, CA 92701
Frank Arroyo
RFP Administrator
(714) 571-4218 Office
[email protected]
RESPONSE SUBMITTED BY:
“Successful Families Build Successful Communities”
Exhibit A
City Council 26 – 553 5/3/2022
Response Submitted by Padres Unidos
City of Santa Ana RFP 21-116A- Youth Violence Prevention

Page 2 of 4 ends

II. SCOPE OF WORK: (3 page max)

1. Proposal shall include details of the youth program/service to be provided, the tasks to be accomplished, duration of the program (proposals may be up to two years) and the deliverables to be provided
Padres Unidos’ proposed service delivery approach is based largely on our existing Outreach, Support and Education platform.

Youth and Parent Conjoint Family Education, Outreach and Support Module “24 weeks of service per program”
**3 SITES AVAILABLE FOR ONE YEAR**
• 2 weeks of Outreach, including two door-to-door campaigns in the area • 2 weeks of protective factors and risk factors assessments (from participants as well as local school)

YOUTH ENGAGEMENT AND VIOLENCE PREVENTION & PARENT CONJOINT OUTREACH, SUPPORT AND EDUCATION COMPONENT:
• Youth and Parent Outreach and Education a minimum of 15 participants, for 2 hours a day once a week for 20 weeks.
• 1 hours of Parent and Youth (separately) Support and Education component. • 1 hour of Teen and Parent Conjoint component.
• Parent curriculum is developed by leveraging existing research that shows that the more involved and engaged an adult is in the youth’s life the higher likelihood of success. The more engaged a parent is, the youth experiences a decrease in violent behaviors and an increase in prosocial behaviors. Topics include but are not limited to; functional vs. dysfunctional love, conflict resolution, family systems, and trauma/generational trauma, mental health and more. • Youth curriculum is developed leveraging Positive youth development (PYD), a strengths-based approach used to support the development of young people’s skills, nurture their interests and values, seek and incorporate their input, and connect them to positive adults and useful resources.

Topics include but are not limited to: friends, family, mental health, substance use, educational goals, trauma, life goals developments.

SIBLINGS OF YOUTH ENGAGEMENT AND VIOLENCE PREVENTION COMPONENT:
• 2 hours a day once a week for 20 weeks. Number of elementary school aged children sibling spaces allocated per program is 20.
• The curriculum for the sibling component is designed to increase support for siblings of high-risk youth. In order to increase the frequency of or improve the quality of prosocial interactions, as well as to improve emotional responding and reduce inappropriate and challenging behaviors, we create a safe and trusting environment for them to explore and share their experiences. This facilitates growth.
• Structured Play Child-Care included for 2 to 5 year-old children.

Padres Unidos has spent many years developing program curricula and materials using effective programs as a guide in crafting intervention, support and education programs that strengthen families. Starting with the experience garnered during the provision of services to families through contracts with the Orange County Social Services Agency and later the Santa Ana Unified School District and guided by a Clinical Psychologist and Licensed Clinical Social Worker, the Parent Outreach and Education program is a highly effective intervention proven to strengthen families. The Parent Outreach and Education program includes a strengths and needs assessment at the outset of each class. Also, in order to provide data for Exhibit A
City Council 26 – 554 5/3/2022
Response Submitted by Padres Unidos
City of Santa Ana RFP 21-116A- Youth Violence Prevention

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ongoing program evaluation, a questionnaire is distributed to parents at the start of the program in to determine the family situation. This includes questions relating to communication issues, discipline, parental supervision, knowledge and feelings about violence, the Juvenile Justice System and Probation and the level of parental involvement in the youth’s life. Each of these educational components come with a curriculum and materials to support the instruction of the topic. Our approach includes the implementation of activities to strengthen the lesson as well as homework assignments to reinforce and practice learned concepts. The homework forum provides a safe platform to practice and share experiences. This powerful tool clarifies and encourage both short and long term changes. The Parent and Teen Conjoint program has also been developed over many years using programs proven effective in lowering violence among youth, reducing recidivism, improving family communication and strengthening the relationship between parents and their teens. Some of the program content is drawn from Moral Reconation Therapy, an evidence-based cognitive-behavioral program that has been shown to reduce recidivism among youth and adults.
*All of our educational modules and components are able to be distributed virtually/online or with inperson instruction.

Anticipated Outcomes and Competencies
As a result of this program, we anticipate seeing improved communication skills, particularly the ability to share experiences and feelings respectfully and constructively, as well as increased knowledge of how to identify and change destructive/problematic behaviors. Because all members of the family will be attending the programs concurrently, we develop ways to deal with trauma and conflict effectively.

Parent, youth and siblings will learn to identify their strengths and parents will learn strategies necessary to de-escalate and take control of the emerging situations. Ultimately, this will strengthen parent-teen relationships and decrease the likelihood of engaging in violent/problematic behaviors by building on strengths in the family.

2. Proposal shall include details of the target population Our target population will include young people ages 11 to 17, their siblings and families from very economically stressed neighborhoods in Santa Ana: Delhi , Pico-Lowell, Minnie Street/Cornerstone Village, and Garfield. All three neighborhoods have high percentages of adults who did not attend or complete high school (57% to 67%). In these neighborhoods, 84% to 96% of people speak a language other than English at home (predominantly Spanish, but including Cambodian, and Hindi), The majority (56% to 68%) reporting that they do not speak English very well.

3. Proposal shall include details of the unmet need
Santa Ana is the most populous city in Orange County, and the 8th most densely populated urban city in the United States. According to the 2016 US Census, Santa Ana’s total population of 334,217 with 44.5% of adults, ages 25 or older without a high school diploma. Santa Ana is one of the youngest cities in the nation where children under 18 make up over 30% of its population. Roughly 32% of the city’s children under 4 years live below the poverty line. There is strong evidence that poor school performance, violent behaviors, truancy, and leaving school are connected with juvenile delinquency. As a result, these statistics are reflected in the percentage of Hispanic youth involved in criminal activity, including violent crime especially in communities like Santa Ana. According to the California Department of Justice Bureau of Criminal Information and Analysis statistics, Hispanic Youth represented 53% of all juvenile arrests. Education and strong family ties could help to reroute this pipeline to jail for the youth of Exhibit A
City Council 26 – 555 5/3/2022
Response Submitted by Padres Unidos
City of Santa Ana RFP 21-116A- Youth Violence Prevention

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our local communities. Youth violence is a significant problem that affects thousands of young people each day, and in turn, their families, schools, and communities.However, siblings of incarcerated or difficult youth are often overlooked. In fact, no one is sure how many children bear this particular burden. It is estimated that 200,000 youth are incarcerated every year, leaving an even greater number of siblings at home. Even with such a large number of children affected, very little research or resources are devoted to the siblings of incarcerated youth. A study conducted by sociologist Katie Heaton addresses this very point. She writes that these youth are the “most often overlooked” of those affected by incarceration. Non-offending siblings face high amounts of “emotional stress”, partially stemming from issues like “bullying by other students who discovered their sibling’s imprisonment, adjusting to new household roles and routines, complex feelings of ambivalence related to their sibling’s safety, visiting their brother or sister, and having their sibling return home after an extended period away.” Unfortunately, these children are overlooked by society.

4. Proposal shall include details of collaborations with local organizations Padres Unidos embraces the benefits and need for collaboration and partnership. Currently, we collaborate with several agencies, including schools and churches that host our programs, as well as organizational partners like the Santa Ana Unified School District, Restorative Justice, Orange County, Probation Department, Orange County Department of Education- ACCESS, Community Action Partnership of Orange County, First Five Orange County, Boys and Girls Club. and other local Santa Ana nonprofits. We have a unique partnership with Chapman University, which provides a community advocacy training program for parent volunteers. We also team with Chapman and the University of California Irvine (UCI) for autism and special needs-related child developmental milestones, parent support and education modules. We continue to live our mission across Santa Ana with a unique service model that places us in a direct working relationship with the community. The community relationship is nourished by our Community Workers, former Padres Unidos patrons who are “homegrown” experts and trained through our collaboration with Chapman University.

5. Proposal shall include details of innovation in program/service delivery We utilize an approach that balances personal accountability and mutual assistance in the following relationships: neighbor-to-neighbor, parent-to-youth, government-to-resident, youth-to-community, and community- and faith-based-organization-to-member. By leveraging the entire community system and bringing everyone to the table we provide early intervention. A young person can be involved with youth violence as a victim, offender, or witness. Youth violence is preventable. To prevent and eliminate violence and improve youth well-being, Padres Unidos employs evidence-based, comprehensive approaches that address the multiple factors that impact violence, both factors that increase risk of violence and factors that buffer against risk and promote positive youth development and well-being.

Prevention, intervention, and treatment strategies that are trauma-informed are key. Many youths have experienced traumatic events, including physical, sexual, and emotional abuse; family and community violence; natural disasters; and the ongoing, cumulative impact of poverty, racism, oppression, and the COVID pandemic with all of its socio-emotional and economic consequences. Repeated exposure to traumatic events increases the risk of youth violence. Organizational trauma-informed care that is grounded in an understanding of the causes and consequences of trauma can promote resilience and healing, while reducing youth violence. We walk with and encourage families to reach out to their local organizations and safety net systems that can help them without fearing stigma or deportation.

Exhibit A
City Council 26 – 556 5/3/2022

EXHIBIT B

FEE PAYMENT SCHEDULE
City Council 26 – 557 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
$19,140 $19,140
$72,128 $72,128
$0 $0
$14,000 $14,000
$5,000 $5,000
$9,127 $9,127
$0 $0
$0 $0
$0 $0
$0 $0
$119,395 $0 $119,395 $0

FUNDING SOURCE
Santa Ana REVIVE
AMOUNT
$ 119,395
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
Padres Unidos
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 $ 119,395
Exhibit B
City Council 26 – 558 5/3/2022

ADMINISTRATIVE STAFF
Position Title Annual Salary & Benefits REVIVE Funds Description Executive Director $ 85,000.00 $ 5,059.28
Strategic and operational
responsibility for staff,
programs, expansion, and
execution of Padres Unidos’
mission
Program Manager $ 65,000.00 $ 11,605.28
development and supervision
of programmatic activities by
designing community-level
programs, supervision of staff,
and overseeing the scope of
practice restrictions
Clinical Supervisor $ 36,400.00 $ 2,475.79
provides training, as well as
clinical and personnel
supervision to staff

PROGRAM STAFF
Position Title Annual Salary & Benefits REVIVE Funds Description Site Coordinator $ 13,204.22 $ 13,204.22
coordinate and run program at
site manage
Parent Educators $ 9,820.64 $ 9,820.64 Provide parenting ed.

Activity Lead $ 19,641.28 $ 19,641.28
Provide Youth & Parent
Conjoint ed.

Sibling Educator $ 19,641.28 $ 19,641.28
Provide sibling educational
module
Structured Play/Child Care $ 4,910.32 $ 4,910.32
child care
Site Support $ 4,910.32 $ 4,910.32
provide site support to
coordinator
Type of Service Contract Amount REVIVE Funds Description 2022-2023 REVIVE BUDGET LINE ITEMS

CONTRACTUAL/PROFESSIONAL SERVICES
Exhibit B
City Council 26 – 559 5/3/2022

OTHER LINE ITEMS
Line Item Program Amount REVIVE Funds Description
Program Materials $ 14,000.00 $ 14,000.00
Early Ed. Class Material and
services distrubuted and used
to provide for program
participants and direct program
services (i.e. copies, handouts,
activity kits, tech/software,
paper, hospitality (snack/food),
Events $ 5,000.00 $ 5,000.00
program graduations,
participant holiday events and
volunteer /parent recognitions
Indirect Costs @ 10% of Sa $ 9,126.84 $ 9,126.84
i.e accounting, facilities, data,
utilities
Attachment 1(b)
Exhibit B
City Council 26 – 560 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 – 561 5/3/2022
IV. FEDERAL AWARD IDENTIFICATION

FAIN INFORMATION
A. CONTRACTOR Name: Padres Unidos
B. CONTRACTOR’S Unique
Identifier (D-U-N-S): 061959469
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:
$119,395
G.

Total Amount of Federal
Funds Obligated to the
CONTRACTOR:
$119,395
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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City Council 26 – 570 5/3/2022
1 AGREEMENT BETWEEN THE CITY OF SANTA ANA AND

THE CAMBODIAN FAMILY FOR USE OF

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

RECITALS:

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 – 571 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 – 572 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 – 573 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 – 574 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 – 575 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 – 576 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.

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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.

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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.

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 – 579 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 – 580 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 – 581 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:

The Cambodian Family
Attn: Vattana Peong, Executive Director
1626 East Fourth Street
Santa Ana, CA 92701
F. Assignability. None of the duties of, or work to be performed by, SUBRECIPIENT under this Agreement shall be subcontracted or assigned to any agency, consultant, or person without the prior written consent of CITY. SUBRECIPIENT must submit all subcontracts and other agreements that relate to this Agreement to CITY. No subcontract or assignment shall terminate or alter the legal obligations of SUBRECIPIENT pursuant to this Agreement.

H. Insurance.

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

Any insurance or self-insurance maintained by the City, its officers, officials, City Council 26 – 583 5/3/2022
14 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.

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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 – 585 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 – 586 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.

CITY OF SANTA ANA
________________________

KRISTINE RIDGE
City Manager
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: SUBRECIPIENT:
______________________________ ______________________________ LISA RUDLOFF Vattana Peong
Executive Director Executive Director
Parks, Recreation and Community Services Agency DUNS #: 148385024 City Council 26 – 588 5/3/2022

EXHIBIT A

SCOPE OF WORK
19 City Council 26 – 589 5/3/2022

SCOPE OF WORK
The Cambodian Family – Plan Ahead Youth Program (July 1st, 2022 – June 30th, 2023) Detailed description of youth program/services to be provided Plan Ahead Youth Program (PAYP) will provide academic tutoring and extra-curricular educational services to a total of 90 low-income and underserved youth and parents in Santa Ana per year, including 60 youth (1st – 12th grades) through activities that are organized around our four well integrated institutes aligned with local school district educational trends, and 30 parents of our youth with parenting skills, economic empowerment workshops, and resources to better support and become more active in their children's education. Due to the on-going pandemic, PAYP activities will take place virtually after school, Tuesday through Friday, from 3:30-6:00 PM and/or in-person (when it is safe to do so) at The Cambodian Family Community Center, and on Wednesdays, from 1:00-3:30 PM at the Minnie Street Family Resource Center (MSFRC), our community partner and a "One Stop Shop" that provides services and support systems that build on family strengths. Prosocial and enrichment activities are sometimes held on Saturdays from 9:00 AM – 3:00 PM. Youth attend our program year-round, an average of 6-8 hours per week.

Staff and volunteers are bilingual in Khmer (Cambodian), Vietnamese, or Spanish. Youth can also participate in our Summer Enrichment Program which generally takes place from June to August. All activities will be led by a partnership of program staff and volunteers. Youth will participate in activities that are organized around four institutes: Academic, Leadership, Career, and Health. Parents will participate in workshops and activities that help them develop better skills to provide for, nurture, and communicate with their children and be involved with their children’s education.

Within the Academic Institute, we will help youth develop a strong foundation in Science, Technology, Engineering, Mathematics (STEM) subjects, build on their reading and writing skills, support them in improving overall academic performance, graduate high school, help plan their paths toward college, and persist toward becoming lifelong learners. To achieve this, youth counselors will provide after-school tutoring by integrating a variety of positive social emotional learning (SEL) and brain-boosting techniques that simultaneously enhance their individual learning relationships with youth and support youth’s engagement with their academic learning experiences. PAYP will give students access to our virtual services and our community center (when appropriate) that provides students a safe space to learn and do schoolwork. The center is equipped with personal protective equipment, computers, high-speed internet, printing, Wi-Fi, an interactive SMART board, school and art supplies, WiFi Hotspots, Chromebooks and tablets for individual check-out, and a small library to support their learning. Our organization has secured 20 devices with pre-installed/pre-paid internet for students to borrow during our regular program hours. Staff will continue to work closely with volunteers to provide tutoring for daily homework assignments and projects. We will provide workshops that enable our youth to study more effectively and become more independent in their ability to learn, solve problems, and acquire skills. We will continue to partner with local university students to help students prepare for SAT classes, understand the college application process, learn the differences between public/private/trade schools, and learn ways to pay for school. Staff will also provide counseling sessions to help students achieve their goals.

Within the Leadership Institute, we will help youth develop leadership and social skills, improve self-esteem, and character strengths, and nurture their passion for community engagement. We will provide Life Skills classes that address “The 7 Habits of Highly Effective Exhibit A 20
City Council 26 – 590 5/3/2022
People”, 6 Pillars of Character, communication skills, using technology responsibly, digital literacy, peer pressure, bullying, conflict resolution, generational differences, and cultural diversity. We have classes that foster students’ interests in the areas of athletics, music, and arts and crafts. Students will also be required to volunteer and lead service projects for the community which will give them a sense of self-empowerment.

Within the Career Institute, we will help youth make informed decisions about their futures by considering their college and career options. We will offer career readiness services by hosting career guest speakers, financial literacy education classes, career research projects, mock interviews, and resume writing workshops that will help them explore, understand, and apply academic and career skills to become more independent problem solvers and proactive planners. We will team up with college students to take youth on field trips to local colleges and universities to tour and motivate them about the benefits of higher education and its gateway to a wider range of career options.

Within the Health Institute, youth will develop a healthy living lifestyle. Youth will have the opportunity to engage in at least 30 minutes of daily exercise during recreation time.

During life skills classes, we will engage youth in interactive activities that teach them about good nutrition and how to cook healthy food. To promote exercise, students will have access to sports classes on-site. We will also have quarterly trips to go hiking, camping, or other recreational activities. In addition, we will host health workshops on the benefits of nutritious food, oral health, germ-spread prevention, and living an active lifestyle.

To increase the likelihood of the youth's success, we strongly believe that parents must be involved in their children's education. To achieve this objective, we will hold monthly parent meetings to teach parents about the school system, benefits of higher education, best practices to support their children’s education, developmental milestones, preventive health, strengthening family functioning, technology use, and how to maintain stronger pathways to economic and financial stability. We will refer them to ESL classes, job opportunities, nutrition classes, and community resources. We will provide opportunities for them to become actively involved in PAYP activities and encourage them to participate in school functions. Because we understand that communicating and working with parents is vital to their children's success, our staff are highly accessible to parents. We can run our monthly parent meetings in multiple languages to cater to the different needs of our clients. We evaluate and improve the structure, curriculum, and activities in our program each year to ensure we are providing the best services to the families we serve.

Target Population:

The populations to be served through PAYP are underserved and low-income youth (1st – 12th grades) and parents in Santa Ana, with a focus on underserved youth and parents from Cambodian, Vietnamese, and Latinx communities. The residents within our service areas are mainly Latino and Cambodian families who came to this country with little or no formal education, speaking no English, and possessing few marketable job skills. As uprooted peoples, they remain socially-isolated and economically-challenged, as they struggle to adjust and provide for their families. Our services offer guidance and support to many of Santa Ana's families seeking help with navigating the educational, health, and legal systems. For Cambodians in particular, there are few service providers who speak their language (Khmer) and understand their history and culture. We provide critical in-language resources to many monolingual community members as well as connect them with other community support services.

Exhibit A 21
City Council 26 – 591 5/3/2022

DATA COLLECTING, REPORTING AND COMPLIANCE
State and Local Fiscal Recovery Funds, Compliance and Reporting TCF will comply with the State and Local Fiscal Recovery Funds, Compliance and Reporting responsibilities for our PAYP by ensuring that the following process and outcome measures are collected to meet our performance requirements.

Goal #1) Youth Strategy: We help youth develop their visions for the future and attain the skills to turn their visions into reality.

Objective 1: Enroll 60 youth per year, ages 6-18, in our comprehensive after-school youth program, including its Academic, Career, Leadership and Health Institutes.

Objective 2: 48 youth (80%) will achieve successful measurable outcomes in our youth activities. Students are successful if they meet 2 or more of our outcomes and measurements such as increasing or maintaining a 3.0 or higher GPA or improving report grades reports from quarter to quarter, increasing scores on workshop post-tests or increasing attendance in career and health activities.

Goal #2) Parent Strategy: We help parents improve their parenting skills, family functioning and increase their involvement in their children’s education.

Objective 1: Enroll 30 parents per year in our Parent Strategy activities.

Objective 2: 24 parents (80%) will achieve measurable outcomes in our Parent Strategy activities. Parents are successful if they attend 1 or more parent workshops per quarter, increase scores on workshop post-tests, attend monthly parent meetings or volunteer 3 times per quarter.

Staff maintain files for all program participants, and this includes demographic information, income verification, attendance and participation records, report cards, award certificates, and behavior notes. Success in our youth program is measured quarterly, or every 3 months. Within the Academic Institute staff measure the improvement of school report grades from quarter to quarter by establishing a baseline GPA or other SAUSD specified benchmark from their most recent report cards and track for any improvements on a quarterly basis.

Pre/posttest surveys are also collected on a quarterly basis to track for improvement in successful habits for lifelong learning. Success in the Leadership Institute is measured by youth completing 3 or more hours of community service or by demonstrating improved test scores on pre/posttest surveys on 1 or more leadership workshops Success in the Career Institute is measured by youth attending 1 or more career guest speaker presentation, college tours, or educational workforce development/financial education workshops. Lastly, success in the Health Institute is measured by youth maintaining a "B" or higher in their Physical Education grade, participating in fitness activities 1 or more hour per week, or demonstrating improved test scores on pre/posttest surveys on 1 more health workshops per quarter. We judge youth as overall successful when they are successful in 2 or more of the 4 institutes per quarter. Parents are considered successful if they participate in at least 2 parent meetings/training per quarter (we host monthly parent meetings) or donate at least 3 hours of their time back to the youth program per quarter. To measure progress in workshops and lessons for all institutes, we distribute pre/post-tests and/or immediate post-test surveys to measure if they are “passing” or if there is an increase of their knowledge on the lesson. Other methods we use are self-evaluations and surveys to assess progress on aspects harder to quantify such as whether students and parents feel more hopeful of their futures. We use our existing Microsoft Access database program and/or Survey Monkey to record and evaluate all program data.

Exhibit A 22
City Council 26 – 592 5/3/2022

EXHIBIT B

FEE PAYMENT SCHEDULE
23 City Council 26 – 593 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
$6,500 $6,500 $ 197,300
$102,115 $102,115 $ 1,183,900
$0 $0 $ 221,200
$1,500 $1,500 $ 20,000
$1,200 $1,200 $ 14,500
$500 $500 $ 6,200
$621 $621 $ 7,000
$1,200 $1,200 $ 29,200
$11,364 $11,364 $ 167,930
$0 $0
$125,000 $0 $125,000 $1,847,230

FUNDING SOURCE
Santa Ana REVIVE
AMOUNT
$ 125,000
Funding Source Total must equal Program Budget Total listed above.

Printing/Duplicating
Mileage
Telephone/Internet/WiFi
Indirect Cost @ 10%
TOTAL

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

PROPOSED PROGRAM BUDGET
The Cambodian Family
Plan Ahead Youth Program (PAYP)

EXPENDITURES
Enter budget categories and projected expenditures:

Category
Administrative Staff Salaries
Program Staff Salaries
Contractual Services
Program Supplies
July 1, 2022 to June 30, 2023
TOTAL $ 125,000
Exhibit B 24
City Council 26 – 594 5/3/2022

ADMINISTRATIVE STAFF
Position Title Annual Salary & Benefits REVIVE Funds Description Finance & Adminstrative
Associate (10% FTE)
$6,500 $6,500 Prepare & submit payroll/invoices for
PAYP; Track PAYP expenses; Prepare PAYP
financial reports; Purchase program/office
supplies for PAYP-funded programs

PROGRAM STAFF
Position Title Annual Salary & Benefits REVIVE Funds Description Youth Program Director
(10% FTE)
$9,100 $9,100 Train/supervise staff; prepare
reports/invoices; chair meetings,
develop/revise evaluation tools
Youth Program Coordinator
(30% FTE)
$19,500 $19,500 Tutor youth; plan/coordinate
activities/volunteers; host workshops;
collect & analyze data
Bilingual Youth Counselor
(75% FTE)
$38,025 $38,025 Tutor/mentor/supervise youth in afterschool activities; collect data; organize workshops/summer youth program
Bilingual Youth Counselor
(70% FTE)
$35,490 $35,490 Tutor/mentor/supervise youth in afterschool activities; collect data; organize workshops/summer youth program
Type of Service Contract Amount REVIVE Funds Description 2022-2023 REVIVE BUDGET LINE ITEMS

CONTRACTUAL/PROFESSIONAL SERVICES
Exhibit B 25
City Council 26 – 595 5/3/2022

OTHER LINE ITEMS
Line Item Program Amount REVIVE Funds Description
Program Supplies $1,500 $1,500 Supplies for program staff to conduct program outreach/recruitment and
services. Supplies include materials for
classes, outreach banners, resource
manuals, flyers, textbooks, etc.

Office Supplies $1,200 $1,200 Office supplies for the general operation of PAYP program. Supplies include papers,
binders, pens, notebook, bus passes, inks,
toner, calendar, etc.

Printing/Duplicating $500 $500 The fund will pay a pro-rated share of our rental copy and scan machines that we
use to print and duplicate our program
materials and other documents. In
addition, this will cover printing and
duplicating expenses of program flyers,
brochures, referral/linkage forms, and
books that are done at the printing house.

Mileage $621 $621 These funds support the mileage of the program staff when they provide direct
services for PAYP, including
outreach/recruitment, tutoring, and when
they attend program-related activities &
meetings
Telephone/Internet/WiFi $1,200 $1,200 This fund helps cover office telephone, work cell phone, internet, and WiFi
expenses for the PAYP staff.

Indirect Cost @ 10% $11,364 $11,364 These funds will help cover administrative personnel expenses such as Executive
Director, the costs for rent/program
space, audit, payroll and accounting
services, alarm services, janitorial
maintenance/supplies, facility expenses,
insurance, and other
operational/administrative costs.

Attachment 1(b)
Exhibit B 26
City Council 26 – 596 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 – 597 5/3/2022
IV. FEDERAL AWARD IDENTIFICATION

FAIN INFORMATION
A. CONTRACTOR Name: The Cambodian Family
B. CONTRACTOR’S Unique
Identifier (D-U-N-S): 148385024
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

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
Vattana Peong, Executive Director
03/16/2022
29 City Council 26 – 599 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.

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

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

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

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

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

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

8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 30 City Council 26 – 600 5/3/2022

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 – 601 5/3/2022

EXHIBIT E

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

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

Grantee/Contactor Organization Program Title

Name of Certifying Officer Signature Date
The Cambodian Family Plan Ahead Youth Program
Vattana Peong 03/16/2022
32 City Council 26 – 602 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.

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

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

4. SUBRECIPIENT will comply with all Federal statutes applicable to projects funded with community development funds, except that (a) SUBRECIPIENT does not assume CITY'S environmental responsibilities described at 24 CFR 570.604; and (b) SUBRECIPIENT does not assume CITY'S responsibility for initiating the review process under Executive Order 12372. 33 City Council 26 – 603 5/3/2022

EXHIBIT F

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

CERTIFICATION
A. The contractor certifies that it will provide a drug-free workplace by:
(a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the contractor’s workplace and specifying the actions that will be taken against employees for violation of such prohibition;
(b) Establishing a drug-free awareness program to inform employees about – (1) The dangers of drug abuse in the workplace;
(2) The contractor’s policy of maintaining a drug-free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance program; and
(4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace;
(c) Making it a requirement that each employee who will be engaged in the performance of the grant be given a copy of the statement required by paragraph (a);
(d) Notifying the employee in the statement required by paragraph -(a) that, as a condition of employment under the contract, the employee will - (1) Abide by the terms of the statement; and
(2) Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction. (e) Notifying the U.S. Department of Housing and Urban Development within ten days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such conviction;
34 City Council 26 – 604 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).

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
The Cambodian Family
03/16/2022
35 City Council 26 – 605 5/3/2022

PLACE OF PERFORMANCE

FOR CERTIFICATION REGARDING DRUG-FREE

WORKPLACE REQUIREMENTS
Name:

Date:

The Contractor shall insert in the space provided below the site(s) expected to be used for the performance of work under the contract covered by the certification:

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

The Cambodian Family
03/16/2022
The Cambodian Family, 1626 E. 4th Street, Santa Ana, CA 92701 36 City Council 26 – 606 5/3/2022
 
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Parks, Recreation, and Community Services
www.santa-ana.org/parks
Item # 27
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
May 3, 2022
TOPIC: Resolution Approving the Acceptance Grant Funds from the State of California AGENDA TITLE:

Resolution Approving the Acceptance of Grant Funds from the State of California in the Amount of $4,000,000 to the General Fund

RECOMMENDED ACTION
Adopt a resolution approving the acceptance of grant funds from the State of California in the amount of $4,000,000 to the General Fund for the Zoo Educational Hub and installation of a Universally Accessible Playground at Thornton Park.

DISCUSSION
Senator Tom Umberg has secured funding in this year's (FY 2021-22) state budget tailored to addressing the unique and unprecedented challenges facing Orange County communities.

The state budget is a series of important funding and policy decisions voted on through several budget bills. In preparation for this round of negotiations, Senator Umberg collaborated with local and statewide leaders and other members of the legislature to deliver millions of dollars of relief to communities. Through the COVID-19 pandemic, natural disasters, and several other hurdles, he diligently working to help bring muchneeded and deserved funding to local programs in the 34th Senate District.

As part of the Fiscal Year 2021-2022 State of California budget, Senator Tom Umberg was able to secure $6,040,000 in General Fund monies for the City of Santa Ana ($4,000,000) and Discovery Science Center Orange County ($2,040,000) for Santa Ana youth facilities. The State will enter into agreements separately with both agencies. Below is a summary of the City of Santa Ana projects that will be funded.

Zoo Education Hub: “The Hive” - Education Hub Building at Santa Ana Zoo The project goal is a building including a flex space, classroom(s), and hub for community volunteers and education staff. The classrooms are flexible in design and layout to maximize their use potential throughout the day and year. The facility would use environmentally sustainable materials in its construction. This facility will serve as a reception area for schoolchildren coming to the zoo and is directly adjacent to the existing City Council 27 – 1 5/3/2022
Resolution Approving the Acceptance of Grant Funds from the State of California May 3, 2022

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outdoor amphitheater. Different sides of the building will open out to the general zoo area, the amphitheater, or staff and service areas.

Universally Accessible Playground at Thornton Park
The City of Santa Ana’s first Universally Accessible Playground installation at the George Upton All Access Park (one acre-site) located within Thornton Park will include equipment specially designed to enable children of all abilities to play alongside each other. All children, regardless of physical limitation, should be able to enjoy the fun that comes along with playing on a playground. Kids love to play, and no child should be prevented from having fun at the playground by a physical handicap. This playground will replace the current 30-year-old playground with failing equipment and deteriorating parts.

The City must enter into an agreement with the State of California to access the funds for both projects. Part of the process for creating the agreement is the completion of a Project Information Packet, of which includes the resolution under consideration. City staff will bring to the City Council, at a future meeting, an appropriation adjustment for funding, once the agreement is created and executed, as well as amendments to the Capital Improvement Program (CIP) for the two City projects.

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

FISCAL IMPACT
There is no fiscal impact associated with this action. Although at a future meeting, once an agreement is executed between the City of Santa Ana and the State of California, an appropriation adjustment will be brought before City Council for approval.

EXHIBIT(S)

1. Resolution
Submitted By: Lisa Rudloff, Executive Dir. of Parks, Recreation and Community Services
Approved By: Kristine Ridge, City Manager
City Council 27 – 2 5/3/2022
brs 4.11.22
Resolution No. 2022-XXX

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RESOLUTION NO. 2022-XXX

A RESOLUTON OF THE CITY COUNCIL OF THE

CITY OF SANTA ANA APPROVING THE

ACCEPTANCE OF GENERAL FUND GRANT

FUNDS FOR THE CITY OF SANTA ANA ZOO AND

PARK PROJECTS
WHEREAS, the Legislature and Governor of the State of California have approved a grant for the project shown above; and
WHEREAS, the California Natural Resources Agency has been delegated the responsibility for the administration of the grant project, setting up necessary procedures; and
WHEREAS, said procedures established by the California Natural Resources Agency require the City of Santa Ana to certify by resolution the approval of a Project Information Package before submission of said package to the State; and WHEREAS, the City of Santa Ana will enter into an agreement with the State of California for the above project.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS:

Section 1. The City Council of the City of Santa Ana:

A. Approves the acceptance of a general fund allocation for local assistance for the above project(s); and
B. Certifies that said agency understands the assurances and certification in the Project Information Form; and
C. Certifies that said agency will have sufficient funds to develop, operate and maintain the project consistent with the land tenure requirements of the Grant Agreement; or will secure the resources to do so; and D. Certifies that said agency will comply with the provisions of Section 1771.5 of the California Labor Code.

E. If applicable, certifies that the project will comply with any laws and regulation including, but not limited to, the California Environmental Quality Act (CEQA), legal requirements for building codes, health and safety codes, disabled access laws, environmental laws and, that prior to Exhibit 1
City Council 27 – 3 5/3/2022
brs 4.11.22
Resolution No. 2022-XXX

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commencement of construction, all applicable licenses and permits will have been obtained.

F. Certifies that said agency has reviewed and understands the General Provisions contained in the sample Grant Agreement contained in the Procedural Guide; and
G. Appoints the City Manager, or his or her designee, as agent to conduct all negotiations, execute and submit all documents including, but not limited to the Project Information Form, agreements, payment requests and so on, which may be necessary for the completion of the aforementioned project(s).

Section 2. This Resolution shall take effect immediately upon its adoption by the City Council and the Clerk of the Council shall attest to and certify the vote adopting this Resolution.

ADOPTED this ____day of May, 2022
_______________________
Vicente Sarmiento
Mayor
APPROVED AS TO FORM:

Sonia R. Carvalho, City Attorney
By:_________________________
Brandon Salvatierra
Deputy City Attorney
AYES: Councilmembers ________________________________________ NOES: Councilmembers _______________________________________ ABSTAIN: Councilmembers _______________________________________ NOT PRESENT: Councilmembers _______________________________________ Exhibit 1
City Council 27 – 4 5/3/2022
brs 4.11.22
Resolution No. 2022-XXX

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CERTIFICATE OF ATTESTATION AND ORIRGINALITY
I, DAISY GOMEZ, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2022-______ to be the original resolution adopted by the City Council of the City of Santa Ana on May 3, 2022.

Date: ________________ ____________________________________ Clerk of the Council
City of Santa Ana
Exhibit 1
City Council 27 – 5 5/3/2022
Clerk of the Council Office
www.santa-ana.org/cc
Item # 28
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
May 3, 2022
TOPIC: Assembly Bill 361
AGENDA TITLE:

Use of Teleconferencing for Meetings of City Council and All Boards, Committees, and Commissions Pursuant to the Provisions of Assembly Bill 361

RECOMMENDED ACTION
Adopt a resolution to consider continuing the use of teleconferencing for City Council, board, committee, and commission meetings pursuant to the provisions of Assembly Bill 361 for the next 30 days.

DISCUSSION
On March 17, 2020, Governor Gavin Newsom issued Executive Order N-29-20 suspending certain provisions of the Brown Act in order to allow legislative bodies to conduct their meetings completely telephonically or by other electronic means. City Council meetings have been conducted by Zoom with councilmembers and staff all joining from remote locations when necessary.

The suspension of certain provisions of the Brown Act was further extended by Governor Newsom on June 11, 2021 by the issuance of Executive Order N-08-21, which continued to allow completely virtual City Council (and other legislative body) meetings. This order stayed in effect until September 30, 2021.

In response, AB 361 was signed into effect by Governor Newsom on September 16, 2021.

It amends the Brown Act to allow legislative bodies to meet virtually, provided there is a state of emergency, and either (1) state or local officials have imposed or recommended measures to promote social distancing, or (2) the legislative body determines by majority vote that meeting in person would present imminent risks to the health and safety of attendees.

The City of Santa Ana’s current practices with respect to live public comment via Zoom already satisfy all of the new requirements in AB 361. Additionally, the individual legislative bodies can make their own findings for the AB 361 telecommuting resolution for City Council 28 – 1 5/3/2022
Assembly Bill 361
May 3, 2022

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future meetings. Determinations to continue to utilize remote meetings as allowed by AB 361 must be re-visited by the legislative body every 30 days with the support of new findings. Staff recommends this extension period to act as a helpful transitional stage for boards, committees, and commissions who still currently meet virtually.

Most recently on April 5, 2022, the City Council adopted Resolution No. 2022-026, making the required findings under AB 361 to allow the City to continue to offer teleconference accessibility for public meetings after September 30, 2021, to help mitigate the spread of COVID-19. The attached resolution (Exhibit 1) declares additional findings to allow for the continued use of teleconferencing for City Council, board, commission, and committee meetings pursuant to AB 361.

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

FISCAL IMPACT
There is no fiscal impact associated with this action.

EXHIBIT(S)

1. Resolution
Submitted By: Daisy Gomez, Clerk of the Council
Approved By: Kristine Ridge, City Manager
City Council 28 – 2 5/3/2022
Resolution 2022-XXX

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RESOLUTION 2022-__

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SANTA ANA, CALIFORNIA AUTHORIZING THE USE OF
REMOTE TELECONFERENCING PROVISIONS (AB 361)
WHEREAS, the Ralph M. Brown Act (Government Code section 54950 et seq.) generally requires local agencies meeting via teleconference, including through other virtual or electronic means, to, among other things, provide public access at each location in which members of the legislative body are teleconferencing; and WHEREAS, Assembly Bill 361 (AB 361) amends Government Code section 54953 to allow local agencies to meet fully virtually, without fully adhering to the rules otherwise applicable to teleconferencing, during a proclaimed state of emergency if state or local officials have imposed or recommended measures to promote social distancing; and WHEREAS, the Governor issued a proclamation declaring a state of emergency on March 4, 2020 due to the COVID-19 pandemic, pursuant to section 8625 of the California Emergency Services Act, and this proclaimed state of emergency currently remains in effect; and
WHEREAS, the City Council of the City of Santa Ana declared a local emergency on March 17, 2020 pursuant to Santa Ana Municipal Code section 2-404A (now section 2-646A); and
WHEREAS, in order to continue teleconferencing pursuant to the provisions of AB 361, the City Council is required to make certain findings every thirty (30) days; and WHEREAS, the City Council of the City of Santa Ana, consistent with those provisions, approved Resolutions 2021-055, 2021-66, 2021-072, 2022-004, 2022-015, 2022-021, and 2022-026 authorizing the use of remote teleconferencing provisions pursuant to AB 361; and
WHEREAS, the City Council of the City of Santa Ana has reconsidered the circumstances of the state of emergency; and
WHEREAS, state and local officials continue to recommend measures to promote social distancing to prevent the spread of COVID-19; and WHEREAS, the continuation of remote teleconferencing will allow for full participation by members of the public and the members of the City legislative bodies until social distancing recommendations are lifted; and
WHEREAS, the City Council of the City of Santa Ana desires to continue to utilize remote teleconferencing pursuant to AB 361 and Government Code section 54953(e).

City Council 28 – 3 5/3/2022
Resolution 2022-XXX

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NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Santa Ana as follows:

SECTION 1. The above recitals are true and correct and shall be the findings of the City of Santa Ana’s City Council and each and every other legislative body of the City.

SECTION 2. The City Council of the City of Santa Ana hereby authorizes the use of remote teleconferencing pursuant to AB 361.

SECTION 3. The City Council and all other legislative bodies of the City of Santa Ana created by the City Council or created through its City Charter shall continue to meet virtually in accordance with Government Code section 54953(e) and without compliance with section 54953(b)(3) based upon the findings and determinations hereby made by the City Council.

SECTION 4. The City Clerk shall attest to and certify to the passage and adoption of this resolution and it shall be effective immediately upon its approval.

ADOPTED this ___ day of May, 2022.
___________________________
Vicente Sarmiento
Mayor
APPROVED AS TO FORM:

Sonia R. Carvalho
City Attorney
By: __________________
Laura A. Rossini
Chief Assistant City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
City Council 28 – 4 5/3/2022
Resolution 2022-XXX

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CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Daisy Gomez, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2022-___ to be the original Resolution adopted by the City Council of the City of Santa Ana on _____________, 2022.

Date: ___________________ ____________________________
Clerk of the Council
City of Santa Ana
City Council 28 – 5 5/3/2022
City Manager Office
www.santa-ana.org/city-managers-office/
Item # 29
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
May 3, 2022
TOPIC: Child Marriage Laws
AGENDA TITLE:

Resolution Calling Upon Our State Legislators to Introduce and Pass a Bill that Would End Child Marriage

RECOMMENDED ACTION
Adopt a resolution calling upon our state legislators to introduce and pass a bill that would end child marriage.

DISCUSSION
Background
During the City Council meeting on March 15, 2022, Councilmembers Mendoza, Lopez, and Phan directed staff to prepare a resolution to call upon our State legislators to introduce a bill that would end child marriage in California. There was consensus among the City Council to support this item.

Statistics from both the California Department of Public Health and the U.S. Census Bureau’s American Community Survey indicate that child marriages have been steadily declining over the last couple of decades at the state and national level, but there continues to be 44 states that allow child marriages (defined as a marriage where one or both of the individuals is 17 years and younger). Since 2018, six states have banned child marriages without exceptions.

As it stands, California is one of nine states that has no minimum age for child marriage when all exemptions are taken into account. These circumstances include the consent of a court clerk or judge, consent of one of the parents or legal guardians of the minor, if one of the parties is pregnant or has given birth to a child, or if the minor is emancipated.

Existing California Law
Current California law requires the parents and partners of minors wishing to marry to meet with court officials separately to determine if there is any coercion. Additionally, minors have to wait 30 days to get married unless they are 17 and have completed high City Council 29 – 1 5/3/2022
Child Marriage Laws
May 3, 2022

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Santa Ana City CouncilMay 3, 2022

Santa Ana City Council
May 3, 2022