Agenda packet — Santa Ana City Council, February 7, 2023 (part 4 of 7)

No person, firm, or subsidiary thereof who has been awarded this Contract may be awarded a Contract for the provision of services, the delivery of supplies, or the provision of any other related action which is required, suggested, or otherwise deemed appropriate as an end product of this Contract. Therefore, Contractor is precluded from contracting for any work recommended as a result of this Contract.

E. CONTRACTOR’S EXPENSE
Pre-Contractual Expenses: The City is not liable for any costs incurred by Proposers prior to entering into a formal contract. Costs of developing a response to this RFP, are entirely the responsibility of the Proposer, and shall not be reimbursed in any manner by the City. Pre - contractual expenses are not to be included in the cost proposal. Pre- contractual expenses include, but are not limited to, preparation of the proposal, submission of the proposal and additional information, attendance at pre-proposal conference, negotiating any matter related to this RFP with City, and/or any other expenses incurred by the Proposer prior to the date of award and execution, if any, of the contract.

Other Expenses: The Contractor will be responsible for all costs related to photo copying, telephone communications, fax communications, and parking while on City sites during the performance of work and services under this Contract.

F. CONTRACTOR’S PROJECT MANAGER/KEY PERSONNEL
Except as formally approved by the City, the key personnel identified in Contractor’s proposal shall be the individuals who will actually complete the work. Changes in staffing must be reported in writing and approved by the City. The City shall have the right to require the removal and replacement of the Contractor’s Project Manager and key personnel under the awarded contract. The City shall notify the Contractor in writing of such action. The City is not required to provide any reason, rationale, or additional factual information if it elects to request any specific key personnel be removed from performing services under the awarded contract. The City shall review and approve the appointment of the replacement for the Contractor’s personnel. Said approval shall not be unreasonably withheld.

Standards of Conduct: Contractor’s personnel shall be courteous and maintain good working relationships with all stakeholders, state or outside agencies, other team members and staff within the City.

G. COST PROPOSAL
The awarded Contractor agrees to provide the purchased services at the costs, rates, and fees as set forth in their Fee Schedule in response to this RFP. No other costs, rates or fees shall be payable to the awarded Subcontractor for implementation of their proposal.

H. DATA RETENTION
Contractor shall be responsible for retaining data, records, and documentation for the preparation of required items. These materials shall be made available to and as requested by City.

All materials, documents, data or information obtained from the City Data files or any City medium furnished to Contractor in the performance of an awarded contract will at all times remain the property of the City. Such data or information may not be used or copied for direct or indirect use by Contractor after completion or termination of this Contract without the express written consent of the City. All materials, documents, data or information, including copies, must be returned to the City at the end of the contract.

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All data, documents and other products used, developed, or produced during response preparation of the RFP will become property of the City. All responses to the RFP shall become property of the City. Proposer information identified as proprietary shall be maintained confidential, to the extent allowed under the California Public Records Act.

I. DILIGENCE MATERIAL
Diligence Material, if provided, is subject to the following disclaimer: Neither the CITY or any of its agents, advisors, or representatives: has made or makes any representation or warranty, express or implied, as to the accuracy or completeness of the Diligence Material.

Without limiting the generality of the foregoing, the Diligence Material may include certain assumptions, statements, estimates and projections provided by or with respect to the CITY.

Such assumptions, statements, estimates, and projections reflect various assumptions made by the CITY, which assumptions may or may not prove to be correct. No representations are made by the CITY as t o the accuracy of such assumptions, statements, estimates, or projections.

J. DRUG-FREE WORKPLACE
The awarded Contractor certifies compliance with Government Code Section 8355 in matters relating to providing a drug- free workplace. Failure to comply with these requirements may result in suspension of payments under the Contract or termination of the contract or both, and the Contractor may be ineligible for award of any future City contracts.

K. EVIDENCE OF FINANCIAL CAPACITY
Proposer may be requested to submit its most recent audited financial statement, evidencing PROPOSER’s financial capacity to fully perform the required services, including provision of equipment and personnel expenses over a ninety (90) day period. If said financial statement does not reflect full ninety (90) day operational capacity, PROPOSER may include a letter of credit as evidence of supplemental capacity.

L. EXAMINATION
Proposer represents that it has thoroughly examined and become familiar with the services and responsibilities required this RFP and that it is capable of effectively and efficiently performing quality work to achieve the City’s objectives. Any attachments referenced herein or any interpretations, clarifications or amendments subsequently posted in relation to this RFP are fully incorporated.

Any irregularities or lack of clarity in the RFP should be brought to the designated City Contact/Project Manager’s attention as soon as possible so that corrective addenda may be furnished to prospective Proposers.

Proposals which appear unrealistic in the terms of technical commitments, lack of technical competence, or are indic ative of failure to comprehend the complexity and risk of this contract, may be rejected.

M. EXECUTION OF AGREEMENT
Upon successful negotiations, the City and the selected Proposer will enter into an Agreement similar to that as shown in EXHIBIT II – Sample Agreement of this RFP . If a Proposer is unwilling or unable to execute an Agreement within thirty (30) days after being notified of selection under this RFP, the City reserves the right to disqualify them without any further obligation

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N. FEDERAL GRANT CONTRACT PROVISIONS
Proposer must agree to the federal contract provisions outlined in the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards at 2 CFR Part 200.326. These provisions will become part of the agreement resulting from this bid.

O. FISCAL NONFUNDING CLAUSE
In the event sufficient budgeted funds are not available for a new fiscal period, the City shall retain the right to notify the provider of such occurrence in writing at least thirty (30) days before the end of the current fiscal period and terminate the contract on the last day of the current fiscal period without penalty or expense to the City.

P. JOINT OFFERS/SUBCONSULTANTS
Where two or more Proposers desire to submit a single proposal in response to this RFP , they should do so on a prime sub-consultant basis. The City intends to contract with a single firm, also known as the prime, and not with multiple firms doing business as a joint venture.

Should the use of sub -consultants be offered, the Proposer shall provide the same assurances of competence for the sub -consultant plus the demonstrated ability to manage and supervise the subcontracted work. Sub- consultants shall not be allowed to further subcontract with others for work under the Agreement. The provisions of the Agreement shall apply to all sub-consultants in the same manner as the Proposer. The proposer is responsible for all the actions taken by their sub-contractor.

The City reserves the right to reject, replace and approve any and all Subcontractors. All Subcontractor(s) shall be identified in the response to the RFP and the City reserves the right to reject any proposed Subcontractor(s). Subcontractors shall be the responsibility of the prime Contractor and the City shall assume no liability of such Subcontractors.

Q. INDEPENDENT CONTRACTOR
Contractor is considered an independent Contractor and neither Contractor, its employees, nor anyone working under Contractor will be considered an agent or an employee of City.

Neither Contractor, its employees, nor anyone working under Contractor, will qualify for workers’ compensation or other fringe benefits of any kind through City.

R. JOINT OFFERS/SUBCONSULTANTS
Where two or more Proposers desire to submit a single Proposal in respons e to this RFP, they should do so on a prime sub-consultant basis. The City intends to contract with a single firm and not with multiple firms doing business as a joint venture. Should the use of sub - consultants be offered, the Proposer shall provide the same assurances of competence for the sub-consultant plus the demonstrated ability to manage and supervise the subcontracted work. Sub-consultants shall not be allowed to further subcontract with others for work under the Agreement. The provisions of the Agreement shall apply to all sub -consultants in the same manner as the Proposer.

S. LITIGATION STATUS
Each Proposer must include in its proposal a complete disclosure of any alleged significant prior or ongoing contract failures, any civil or criminal litigation or investigation pending which involves the Proposer or in which the Proposer has been judged guilty or liable. Failure to

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comply with the terms of this provision will disqualify any proposal. The City reserves the right to reject any proposal based upon the Proposer’s prior history with the City or with any other party, which documents, without limitation, unsatisfactory performance, adversarial or contentious demeanor, significant failure(s) to meet contract milestones or other contractual failures.

T. NEGOTIATIONS
The City reserves the right to negotiate final contract terms with any Proposer selected. The contract between the parties will consist of the RFP together with any modifications thereto, and the awarded Contractor’s proposal , together with any modific ations and clarifications thereto that are submitted at the request of the City during the evaluation and negotiation process. In the event of any conflict or contradiction between or among these documents, the documents shall control in the following order of precedence: the final executed contract, the RFP, any modifications and clarifications to the awarded Contractor’s proposal, and the awarded Contractor’s proposal. Specific exceptions to this general rule may be noted in the final executed contract.

Negotiations shall be confidential and not subject to disclosure to competing Contractors unless and until an agreement is reached. If contract negotiations cannot be concluded successfully, the City reserves the right to negotiate a contract with another Contractor or withdraw the RFP.

U. NON-PAYMENTS
Note that payments will NOT be made for any unsatisfactory work until corrected. In the event of nonpayment of undisputed sums by the City, Contractor shall give the City thirty (30) working days to cure the alleged breach.

V. OWNERSHIP OF DOCUMENTS
The City has permanent ownership of all directly connected and derivative materials produced under this contract by the Contractor. All documents, reports and other incidental or derivative work or materials furnished hereunder shall become and remains the sole property of the City and may be used by the City as it may require without additional cost to the City. Contractor shall provide the City copies of documents upon its request at any time. None of the documents, reports and other incidental or derivative work or furnished materials shall be used by the Contractor without the express written consent of the City.

W. PARKING
The City will not provide free parking and/or reimbursement for the cost of parking while providing services and conducting business with the City.

X. PROFESSIONAL STANDARDS
Contractor staff shall be courteous to the public and City staff utilizing facilities where Contractor is performing work, but shall be responsive only to the requests of the City ’s Project Manager or designee. Contractor staff shall direct all inquiries to Project Manager or designee.

Contractor acknowledges that City locations consist of public -use facilities and recognizes the obligation to ensure Contractor personnel and agents maintain the highest level of professional standards in attire, decorum, and interaction with the public and City personnel.

Y. PROJECT MANAGER
The selected Proposer will assume responsibility for all services in its proposal. The selected Proposer shall identify a sole point of contact, Project Manager, with the greatest

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knowledge in regard to the required service operations and contractual matters, including payment of any and all charges resulting from the Agreement.

Z. PROPOSAL VALIDITY
Services, pricing, and warranties indicated in a Proposer’s Proposal must be valid for a period of 180 days at minimum after the submission of the Proposal.

AA. PUBLIC AGENCIES
Other public agencies, as defined by California Government Code Section 6500, may choose to use the terms of this Contract, subject to Contractor’s acceptance. The City is not liable or responsible for any obligations related to a subsequent contract between Contractor and another public agency.

BB. PUBLIC RECORDS
Proposals will become public record after the award of a contract unless the proposal or specific parts of the proposal can be shown to be exempt by law. Each Proposer may clearly label all or part of a proposal as "CONFIDENTIAL" provided that the Proposer thereby agrees to indemnify and defend the City for honoring such a designation. The failure to so label any information that is released by the City shall constitute a complete waiver of any and all claims for damages caused by any release of the information. Proposer information identified as proprietary shall be maintained confidential, to the extent allowed under the California Public Records Act.

CC. SUBCONTRACTORS
Proposals in response to this RFP must identify any Subcontractors, and outline the contractual relationship between the Awarded Subcontractor and each Subcontractor. An official of each proposed Subcontractor must sign, and include as part of the proposal submitted by the Prime Contractor, a statement to the effect that the Subcontractor has read and will agree to abide by the awarded Contractor’s obligations. Any Subcontractor proposed after award of contract must be approved by the City before commencement of work.

The City will look s olely to the awarded Contractor for the performance of all contractual obligations which may result from an award based on this RFP, and the awarded Contractor shall not be relieved for the non-performance of any or all Subcontractors.

XIII. AWARD OF AGREEMENT
Selected Contractor(s) will be notified in writing. Any award is contingent upon the successful negotiation of final contract terms.

A. REQUEST FOR COUNCIL ACTION
Following evaluation and rating by the proposal review committee, the Executive Director will recommend award of an agreement to the PROPOSER(S) providing the best quality and value to the CITY.

B. EXECUTION OF AGREEMENT
A standard agreement is included as EXHIBIT II Sample Agreement of this RFP. “Proposer” will hereinafter be referred to as “Consultant” or “Contractor” in standard agreement. The term of the agreement will begin after the agreement is fully executed, and all required bonds, insurance documents and contents of the payment information packet have been received and approved.

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XIV. IMPLEMENTATION
A. KICK-OFF MEETINGS
The successful proposer will be required to meet with City staff prior to commencement of services or at any time as required by the City, to discuss and agree on operational issues including transition of services and scheduling.

B. NOTICE TO PROCEED
Following the kick-off meeting, a formal Notice to Proceed (NTP) may be issued after the agreement is fully executed, and all insurance documents and contents of the Payment Information Packet have been received and approved
.

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Scope of services shall be performed in accordance with the following:

A. GENERAL REQUIREMENTS

1. Contractor shall provide food distribution program services including, but not limited to the following:

a) Providing food to individuals and families experienc ing food insecurities as a result of the COVID-19 pandemic;
b) Distributing food to more than 800 households per month.

2. Contractor must provide appropriate levels of staffing, supervision, training, equipment, and supplies required to perform services as specified herein and as proposed to the City.

3. Contractor must comply with all applicable federal, state, and local laws and guidelines throughout the term of the contract, including any extension periods.

4. Contractor must identify distribution locations, dates, and times.

5. Contractor must source food to be distributed and coordinate all activities related to distribution of sourced foods.

6. Contractor shall be solely responsible for obtaining the proper permits, coordinating any traffic control needed, and for facilitating any other communications required to provide services successfully and in a manner complying with any applicable safety guidelines and regulations at its own cost.

7. Contractor and all its representatives and staff shall be courteous to the public and City staff where Contractor is performing work.

8. Contractor shall be responsible for clean -up at completion of work. All debris, excess material, and supplies shall be removed at the completion of each distribution event.

9. Prepared food or meals shall not be allowed nor distributed under this contract at any time.

B. SAFETY REQUIREMENTS

1. Contractor shall provide training to all employees and representatives in the work practices necessary to safely perform work as assigned.

2. Contractor shall provide at its expense all safeguards, safety devices and protective equipment, and shall take any and all actions approptiate to providing a safe project site.

EXHIBIT I

SCOPE OF SERVICES

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3. Contractor shall provide, erect, and maintain all warning devices (i.e., barricades, cones, etc.) as required or necessary to ensure the safety of the public, City, and Contractor’s employees.

4. Contractor shall take all reasonable precautions in accordance with sound industrial practices, to safeguard and protect property and property adjacent to distribution sites.

Damages to properties caused by Contractor’s negligence shall be repaired at no cost (both labor and material) to the City.

C. REPORTING REQUIREMENTS

1. Contractor shall submit monthly reports in a form supplied by City. Reports may be required in formats including, Google Forms, Excel, Word, and PDF. Formats are subject to change according to City needs.

2. Contractor shall utilize City -provided tracking forms to document recipients and their demographic and need data.

3. Contractor shall comply with all City, federal, and state reporting requirements in a timely manner. Reports shall be provided to the City upon request or regularly at a frequency to be determined by the City.

4. Contractor shall provide monthly reports in form supplied by the City to the City’s Project Manager and must include the following at minimum:
a) Quantity of food distributed;
b) Number of households to which food was distributed;
c) Date of distribution event(s);
d) Distribution event location(s); and
e) Distribution event time frame and number of hours

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AGREEMENT BETWEEN THE CITY OF SANTA ANA AND
____________________________ FOR USE OF

AMERICAN RESCUE PLAN ACT (ARPA) FUNDS

This Agreement is hereby made and entered into this ____________ day of _________, 2023, by and between the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“CITY”), and _________________________ _______________________, a California domestic nonprofit corporation (“CONTRACTOR” 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. CONTRACTOR has been selected by the CITY to receive ARPA SLFRF Funds in order to provide a food distribution program, in accordance with the Scope of Work attached hereto as Exhibit A and incorporated herein by reference (“said program”). CONTRACTOR represents that it is qualified and willing to operate said program and certifies that the administration of said program carried out with funds provided under this Agreement will meet ARPA’s objectives to respond to, mitigate, and recover from this historic COVID-19 public health crisis.

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

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

I. ARPA PROGRAM PROVISIONS

A. Scope of Work. CONTRACTOR shall be responsible for the specific tasks and services of said program, and agrees to administer said program in compliance with the tasks and services as described in the Scope of Work attached hereto as Exhibit A. CONTRACTOR’s failure to perform as required may, in

EXHIBIT II

SAMPLE AGREEMENT

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addition to other remedies set forth in this Agreement, result in readjustment of the amount of funds for said program or termination of this Agreement.

B. Term of Agreement. The term of said Agreement shall commence on the date first written above and continue through February 29, 2024 (“Term”), unless terminated earlier pursuant to the terms of this Agreement. This Agreement shall also cover any and all services provided by the CONTRACTOR to the CITY since the date the ARPA SLFRF Funds were awarded to the CITY. Additionally, the Term of this Agreement may be extended by a writing executed by the City Manager, or designee, and the City Attorney.

C. Amount of Grant Funding. The total amount of funds provided for said program shall not exceed _______________________ dollars ($ _________ ) (“ARPA SLFRF Funds”) during the Term of the Agreement. CONTRACTOR agrees to use said ARPA SLFRF Funds to administer said program as outlined in Exhibit A.

D. Disbursement of Funds . Said ARPA SLFRF Funds shall be disbursed by CITY to CONTRACTOR pursuant to the terms found in the Fee Payment Schedule attached hereto as Exhibit B, with payments subject to the submittal of invoices and other reporting requirements, as hereinafter more fully set forth. CONTRACTOR shall be obligated to perform such duties as would normally extend beyond the term, including, but not limited to, obligations with respect to indemnification, audits, reporting, data retention/reporting, and accounting. Failure to provide any of the required documentation and reporting will cause CITY to withhold all or a portion of a request for ARPA SLFRF Funds, or return the entire request to CONTRACTOR, until such documentation and reporting has been received and approved by CITY.

(1) Reduction in ARPA SLFRF Funding. The CITY reserves the right to reduce the amount of ARPA SLFRF Funds to CONTRACTOR, or to completely terminate this Agreement, in the CITY’s sole discretion, if there is a reduction in ARPA SLFRF Funds provided to the CITY.

(2) Reduced Distribution of Funds . The CITY reserves the right to reduce the grant application if the CITY’s fiscal monitoring indicates that CONTRACTOR’s rate of expenditure will result in unspent funds at the end of the program term. Amendments in the grant allocation will be made after consultation with CONTRACTOR.

(3) Reversion of Assets. CONTRACTOR agrees that any and all funds received under this Agreement shall be utilized during the Term of this Agreement, and that any and all funds remaining as of the end of the Term, which have not been utilized, shall be returned by CONTRACTOR to the CITY within thirty (30) days of the expiration or earlier termination of the Agreement. No expense of CONTRACTOR will be reimbursed by CITY if incurred after the end of the Term of the Agreement.

E. Grant Program Requirements.

(1) CONTRACTOR acknowledges that the source of funding for said program is the federal ARPA, and that payments from the ARPA SLFRF Funds are only to be used to make necess ary expenditures incurred due to the public health emergency with respect to COVID-19.

(2) CONTRACTOR acknowledges that ARPA provisions allow the use of ARPA SLFRF Funds to respond to, mitigate, and recover from the COVID-19 public health emergency, and will not use these funds for any other uses.

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

F. Performance Monitoring.

(1) CONTRACTOR shall submit program performance information as often as requested by CITY, but no less than the submission of monthly reports and a final report to CITY with the information requested by and in the format acceptable to CITY. Each monthly report is due within thirty (30) days of completion of work for each month. The final report is due within thirty (30) days after the termination or expiration of this Agreement.

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

(3) CITY will review the audit of the CONTRACTOR to ensure that grant funds are used for authorized purposes in compliance with laws, regulations, and the provisions of contracts or grant agreements under this Agreement, including attachments and exhibits.

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

(5) All performance shall be subject to review by the CITY or other regulatory agencies at all times. CONTRACTOR shall provide adequate cooperation to any inspector or other CITY representative to permit the same to determine CONTRACTOR’s conformity with the terms of this Agreement. If any services performed by CONTRACTOR are not in conformance with the terms of this Agreement, the CITY shall have the right to require CONTRACTOR to perform the services in conformance with the terms of the Agreement at no additional cost. The CITY may also terminate this Agreement for default and charge CONTRACTOR for any costs incurred by the CITY because of CONTRACTOR’s failure to perform.

(6) CONTRACTOR shall establish adequate procedures for self -monitoring and quality control and assurance to ensure proper performance under this Agreement; and shall permit a CITY representative or other regulatory official to monitor, assess, or evaluate CONTRACTOR’s performance under this Agreement at any time, upon reasonable notice to CONTRACTOR.

G. Audit.

(1) CONTRACTOR shall maintain complete and accurate records and supporting documentation to facilitate financial and/or program audits by CITY. This requirement shall apply to any records and documentation CITY shall reasonably require or as required to be maintained pursuant to the ARPA regulations.

(2) The books and accounts, files, and other records of CONTRACTOR, which are applicable to this Agreement, shall be available for inspection, review, and audit during normal business hours by CITY to determine the proper application and use of all ARPA SLFRF Funds provided to or for the account or benefit of CONTRACTOR.

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CONTRACTOR for direct and/or administrative costs were not made in compliance with the applicable cost principles, regulations, or the provisions of this Agreement.

(4) CONTRACTOR agrees to comply with the requirements of OMB Uniform Guidance 2 CFR Part 200. CONTRACTOR further agrees to provide CITY with a copy of completed independent auditors’ report within thirty (30) days of CITY’s request for such report. If the report contains instances of non-compliance with federal laws and regulations that bear directly on the performance or administration of this Agreement, CONTRACTOR shall provide CITY copies of responses to auditors’ reports, a plan for corrective action, and auditors’ response that the noncompliance has been resolved. All reports prepared in accord with the requirements of OMB Uniform Guidance 2 CFR Part 200 shall be available for inspection by representatives of CITY or the federal government during normal business hours.

(5) All accounting records, reports, and evidence pertaining to all costs, expenses and the ARPA SLFRF Funds of CONTRACTOR and all documents related to this Agreement shall be maintained and kept available at CONTRACTOR’S office or place of business for the duration of the Agreement and thereafter for five (5) years from the date of final payment under this Agreement. Records which relate to: (a) complaints, claims, administrative proceedings or litigation arising out of the performance of this Agreement; or, (b) costs and expenses of this Agreement to which CITY or any other governmental agency takes exception, shall be retained beyond the five (5) years until complete resolution or disposition of such appeals, litigation claims, or exceptions. In the event CONTRACTOR does not make the above- referenced documents available within the City of Santa Ana, California, CONTRACTOR agrees to pay all necessary and reasonable expenses incurred by CITY in conducting any audit at the location where said records and books of account are maintained.

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

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

(1) CONTRACTOR must submit, no later than ninety (90) calendar days after the end date of the period of performance, all financial, performance, and other reports as required by the terms and conditions of this Agreement;

(2) CONTRACTOR must promptly refund any balances of unobligated cash that the CITY paid in advance or paid and that is not authorized to be retained by CONTRACTOR for use in other projects (See OMB Circular A-129 and 2 CFR §200.345); and,

(3) CITY should complete all closeout actions for the Federal award no later than one year after receipt and acceptance of all required final reports.

II. CONTRACTOR’S OBLIGATIONS

A. Representations and Warranties.

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(1) Authority. CONTRACTOR is a duly organized and existing domestic nonprofit corporation in good standing and authorized to do business under the laws of the State of California.

CONTRACTOR has full right, power and lawful authority to accept the funding hereunder and t o undertake all obligations as provided herein and the execution, performance and delivery of this Agreement by CONTRACTOR has been fully authorized by all requisite actions on the part of CONTRACTOR.

(2) Experience. CONTRACTOR is qualified to provide the administrator services for said program detailed herein.

(3) Familiarity With Services Required. By executing this Agreement, CONTRACTOR warrants that: (i) it has thoroughly investigated and considered the administrator services to be performed and provided for said program as detailed in Exhibit A; (ii) it has carefully considered how the services should be performed; and, (iii) it fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement.

(4) No Conflict . To the best of CONTRACTOR’S knowledge, CONTRACTOR’S execution, delivery and performance of its obligations under this Agreement will not constitute a default or a breach under any contract, agreement or order to which CONTRACTOR is a party or by which it is bound.

(5) No Bankruptcy . CONTRACTOR is not the subject of any current or threatened bankruptcy proceeding.

(6) No Pending Legal Proceedings. CONTRACTOR is not the subject of a current or threatened litigation that would or may materially affect CONTRACTOR’S performance under this Agreement.

(7) Proposal Veracity. All provisions of and information provided in CONTRACTOR’s proposal submitted to CITY, including any exhibits, are true and correct in all material respects.

(8) No Pending Investigation. CONTRACTOR has no knowledge that it is the subject of any current or threatened criminal or civil action investigation by any public agency, including without limitation a police agency or prosecuting authority, which would relate to or affect performance of the Agreement or provision of services hereunder.

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

C. Zoning. CONTRACTOR agrees that any facility/property used in furtherance of said program shall be specifically zoned and permitted for such use(s) and activities. Should CONTRACTOR fail to have the required land entitlement and/or permits, thus violating any local, state or federal rules and regulations relating thereto, CONTRACTOR shall immediately make good-faith efforts to gain compliance with local, state or federal rules and regulations following written notification of said violation(s) from the CITY or other authorized citing agency. CONTRACTOR shall notify CITY immediately of any pending violations. Failure to notify CITY of pending violations, or to remedy such known violation(s) shall result in termination of grant

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funding hereunder. CONTRACTOR must make all corrections required to bring the facility/property int o compliance with the law within sixty (60) days of notification of the violation(s); failure to gain compliance within such time shall result in termination of grant funding hereunder.

D. Separation of Accounts. All funds received by CONTRACTOR from CITY pursuant to this Agreement shall be maintained in an account in a federally insured banking or savings and loan institution with record keeping of such accounts maintained pursuant to applicable 2 CFR 200.302 requirements.

CONTRACTOR is not required to maintain separate depository accounts for ARPA SLFRF Funds; provided however, the CONTRACTOR must be able to account for receipt, obligation, distribution and expenditure of ARPA SLFRF Funds pursuant to applicable 2 CFR 200.302 requirements.

E. Audit Report Requirements. CONTRACTOR agrees that if CONTRACTOR expends Seven Hundred Fifty Thousand Dollars ($750,000) or more in federal funds, CONTRACTOR shall have an annual audit conducted by a certified public accountant in accordance with the standards as set forth and published by the United States Office of Management and Budget. CONTRACTOR shall provide CITY with a copy of said audit by April 1 of the year following the program year in which this Agreement is executed.

F. Compliance with Law/Program Income. CONTRACTOR acknowledges that the funds being provided by CITY for said program are received by CITY pursuant to ARPA, and that distribution and expenditure of these ARPA SLFRF Funds shall be in accordance with ARPA and all pertinent regulations issued by agencies of the federal government, including, but not limited to, all regulations found at Title 24 of the Code of Federal Regulations. Any program income received by CONTRACTOR shall be returned to CITY, unless otherwise provided for in this Agreement. CONTRACTOR agrees to comply fully with all federal, state and local laws and court orders applicable to its operation and administration of said program, whether or not referred to in this Agreement.

G. Debarment. To protect the public interest and ensure the integrity of Federal programs, CITY may only conduct business with responsible persons and may not make any award or permit any award to any party which is debarred or suspended or is otherwise excluded from or ineligible for participation in Federal assistance programs under Executive Order 12549, “Debarment and Suspension”. See also 24 CFR 570.609. CONTRACTOR must review and sign Exhibit D “Debarment”, which is attached hereto and incorporated herein by this reference. CONTRACTOR shall be in go od standing, without suspension by the California Secretary of State, Franchise Tax Board or Internal Revenue Service. Any change in the corporate status or suspension of CONTRACTOR shall be reported immediately to CITY.

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

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

J. Violation of Terms and Conditions. CONTRACTOR agrees that if CONTRACTOR violates any of the terms and conditions of this Agreement or any prior Agreement whereby ARPA SLFRF Funds were received by CONTRACTOR, or if CONTRACTOR reports inaccurately, or if on audit there is a disallowance of certain expenditures, CONTRACTOR agrees to remedy the acts or omissions causing the

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disallowance and repay CITY all amounts spent in violation thereof. If CONTRACTOR engaged in fraudulent activity to obtain and/or justify distribution or expenditure of the ARPA SLFRF Funds granted hereunder, CONTRACTOR shall be required to reimburse the CITY of all such funds that were obtained, distributed and/or spent under fraudulent circumstances.

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

L. Prohibited Use. CONTRACTOR hereby certifies and agrees that it will not use ARPA SLFRF Funds provided through this Agreement to pay for entertainment, meals or gifts, or other prohibited uses.

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

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

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

O. Labor Standards. The CONTRACTOR agrees to comply with the requirements of the Secretary of Labor in accordance with the Davis-Bacon Act as amended, the provisions of Contract Work Hours and Safety Standards Act (40 U.S.C. 327 et seq.) and all other applicable Federal, state and local laws and regulations pertaining to labor standards insofar as those acts apply to the performance of this Agreement. The CONTRACTOR agrees to comply with the Copeland Anti-Kick Back Act (18 U.S.C. 874 et seq.) and its implementing regulations of the U.S. Department of Labor at 29 CFR Part 5. The CONTRACTOR shall maintain documentation that demonstrates compliance with hour and wage requirements of this part. Such documentation shall be made available to the CITY for review upon request.

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

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

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

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

III. CITY'S OBLIGATIONS

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

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

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

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IV. GENERAL PROVISIONS

A. Non-Discrimination.

1. CONTRACTOR agrees to comply with Executive Order 11246, which requires that during the performance of this Agreement, CONTRACTOR agrees not to discriminate against any employee or applicant for employment because of race, religion, sex, color or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer, rates of pay or other forms of compensation, and selection for training, including apprenticeship. CONTRACTOR agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the CONTRACTOR setting forth the provisions of this nondiscrimination clause.

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

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

4. CONTRACTOR agrees to comply with the Age Discrimination Act of 1975, which requires that during the performance of this Agreement, CONTRACTOR agrees not to discriminate against any employee or applicant for employment because of age. Such action shall include, but not be limited to the following: employment upgrading, demotion, or transfer, rates of pay or other forms of compensation, and selection for training, including apprenticeship. CONTRACTOR agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the CONTRACTOR setting forth the provisions of this age discrimination clause.

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

B. Conflict of Interest. Pursuant to the conflict of interest requirements set forth in 24 CFR 570.611 and 2 CFR 200.112, CONTRACTOR certifies that no member, officer, employee, agent or assignee of CITY having direct or indirect control of any ARPA SLFRF Funds granted to the CITY, inclusive of the subject ARPA SLFRF Funds, shall serve as an officer of CONTRACTOR. Further, any conflict or potential conflict of interest of any officer of CONTRACTOR shall be fully disclosed in writing prior to the execution of this Agreement and said writing shall be attached and deemed fully incorporated as a part hereof. Notice shall be sent by CONTRACTOR to CITY regarding any changes or modifications to its board of directors and list of officers.

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

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

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

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

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

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

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

E. Notices. Notices to the parties shall, unless otherwise requested in writing, be sent by U.S.

Mail, postage prepaid, and addressed as follows:

TO CITY: City of Santa Ana
Lauren Matthews
Management Aide
City Manager’s Office
20 Civic Center Plaza
P.O. Box 1988
Santa Ana, California 92702-1988

TO CONTRACTOR:

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

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

H. Insurance.

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

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

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

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’ Com pensation: 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

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arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations.

General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if a later edition is used).

2. Primary Coverage: For any claims related to this contract, the Contractor’s insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.

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

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

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

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

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

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

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.

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.

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1. This Agreement may be terminated on thirty (30) days’ written notice by either party.

In the event of such termination, CONTRACTOR shall only be entitled to reimbursement for approved expenses incurred to the effective date of termination.

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

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

4. The grant of funds under this Agreement may be terminated for convenience by either the CITY or CONTRACTOR, i n whole or in part, by setting forth the reasons for such termination, the effective date, and, in the case of portion termination, their portion to be terminated. However, if in the case of a partial termination, the CITY determines that the remaining portion of the award will not accomplish the purpose for which the award was made, the CITY may terminate the award in its entirety.

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

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

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

J. Limitation of Funds. The United States of America may in the future place programmatic or fiscal limitations on the use of ARPA SLFRF Funds, which limitations are not presently anticipated.

Accordingly, CITY reserves the right to revise this Agreement in order to take account of actions affecting ARPA program funding. In the event of funding reduction, CITY may, in its sole and absolute discretion, reduce the budget of this Agreement, may limit the rate of CONTRACTOR’s authority to utilize funds, or may restrict CONTRACTOR’s use of uncommitted funds. Where CITY has been directed to implement a reduction in funding, with respect to funding for this Agreement, CITY’s City Manager or delegate is authorized to act for CITY in implementing and effecting such a reduction and in revising, modifying, or amending the Agreement for such purposes. If such a reduction in funding occurs, CONTRACTOR shall be permitted to de-scope accordingly. Where CITY has reasonable grounds to question CONTRACTOR’s fiscal accountability or compliance with this Agreement, CITY may suspend the operation of this Agreement for up to sixty (60) days upon five (5) days written notice to CONTRACTOR of its intention to so act, pending an audit or other resolution of such questions. In no event, however, shall any revisions made by CITY affect

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expenditures and legally binding commitments made by CONTRACTOR before it received notice of such revision, provided that such amounts have been committed in good faith and are otherwise allowable and that such commitments are consistent with ARPA SLFRF Funds withdrawal guidelines.

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

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

M. Validity and Severability. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. Whenever possible, each provision of this AGREEMENT shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this AGREEMENT is held to be prohibited by or invalid under applicable 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.

O. Federal Award Identification Information. CONTRACTOR’s pertinent Federal Award Identification Information, including DUNS Number and Federal Award Identification Number (FAIN), as well as the applicable information for ARPA, are 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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IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first written above.

ATTEST: CITY OF SANTA ANA

________________________ ________________________

KRISTINE RIDGE
Clerk of the Council City Manager

APPROVED AS TO FORM:

SONIA R. CARVALHO
City Attorney

____________________________
By:

Assistant City Attorney

CONTRACTOR:

______________________________
Name:

Title:

UEI #:

SAMPLE ONLY

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Federal Regulations – Recipient must comply with the government cost principles, uniform administrative requirements and audit requirements for federal grant program housed within Title 2, Part 200 of the Code of Federal Regulations.

b. Debarment and Suspension – As required by Executive Orders 12549 and 12689, and 2 CFR §200.212 and codified in 2 CFR Part 200, Recipient must provide protection against waste, fraud, and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the Federal government.

c. Audit Records - With respect to all matters covered by this agreement all records shall be made available for audit and inspection by CITY, the grant agency and/or their duly authorized representatives for a period of three (3) years from the date of submission of the final expenditure report by the City of Santa Ana. For a period of three years after final delivery hereunder or until all claims related to this Agreement are finally settled, whichever is later, Recipient shall preserve and maintain all documents, papers and records relevant to the services provided in accordance with this Agreement, including the Attachments hereto. For the same time period, Recipient shall make said documents, papers and records available to City and the agency from which City received grant funds or their duly authorized representative(s), for examination, copying, or mechanical reproduction on or off the premises of Recipient, upon request during usual working hours.

d. Reports - Recipient shall provide to City all records and information requested by City for inclusion in monthly reports and such other reports or records as City may be required to provide to the agency from which City received grant funds or other persons or agencies.

e. Section 504 of the Rehabilitation Act of 1973 (Handicapped) - All recipients of federal funds must comply with Section 504 of the Rehabilitation Act of 1973 (The Act). Therefore, the federal funds recipient pursuant to the requirements of The A ct hereby gives assurance that no otherwise qualified handicapped person shall, solely by reason of handicap be excluded from the participation in, be denied the benefits of or be subject to discrimination, including discrimination in employment, in any program or activity that receives or benefits from federal financial assistance. The Recipient agrees it will ensure that requirements of The Act shall be included in the agreements with and be binding on all of its contractors, subcontractors, assignees or successors.

f. Americans with Disabilities Act of 1990 - (ADA) Recipient must comply with all requirements of the Americans with Disabilities Act of 1990 (ADA), as applicable.

g. Political Activity - None of the funds, materials, property, or services provided directly or indirectly under this agreement shall be used for any partisan political activity, or to further the election or defeat of any candidate for public office, or otherwise in violation of the provisions of the "Hatch Act".

h. No Lobbying - Recipient will comply with all applicable lobbying prohibitions and laws, including those found in the Byrd Anti-Lobbying Amendment (31 U.S.C. 1352, et seq.), and agrees that none of the funds provided under this award may be expended by the Recipient to pay any person to influence, or attempt to influence an officer or employee of any agency, a Member of Congress, an officer

EXHIBIT III

FEDERAL REGULATIONS

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or employee of Congress, or an employee of a Member of Congress in connection with any federal action concerning the award or renewal of any federal contract, grant, loan, or cooperative agreement.

i. Non-Discrimination and Equal Opportunity - Recipient will comply, and all its contractors (or subrecipients) will comply, with Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1964, as amended; Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975, as amended; Drug Abuse Office and Treatment Act of 1972, as amended; Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, as amended; Section 523 and 527 of the Public Health Service Act of 1912, as amended; Title VIII of the Civil Rights Act of 1968, as amended; Department of Justice Non-Discrimination Regulations, 28 CFR Part 42, Subparts C, D, E, and G; and Department of Justice regulations on disability discrimination, 28 CFR Part 35 and 39. In the event a Federal or State court, Federal or State administrative agency, or the Recipient makes a finding of discrimination after a due process hearing on the grounds of race, color, religion, national origin, sex, or disability against a recipient of funds, the Recipient will forward a copy of the findings to CITY which will, in turn, submit the findings to the Office of Civil Rights, Office of Justice Programs, U.S. Department of Justice. If applicable, recipient will comply with the equal opportunity clause in 41 C.F.R. 60- 1.4(b) in accordance with Executive Order 11246 as amended by Executive Order No. 11375.

j. Equal Employment Opportunity - Recipient will comp ly, and all its contractors (or subrecipients) will comply, with all requirements of the Executive Order 11246 of September 24, 1965, entitled “Equal Employment Opportunity,” as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR chapter 60), as applicable.

k. Public Contracts Code - Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of the California Public Contract Code Section 10295.3, as applicable.

l. Copeland Anti -Kickback Act - Recipient will comp ly, and all its contractors and subcontractors (or subrecipients) shall comply, with all requirements of the Copeland “Anti-Kickback” Act (30 U.S.C. 3145) as supplemented in Department of Labor regulations (29 CFR Part 3), as applicable.

(1) Contractor – Contractors shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract.
(2) Subcontracts – Contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses.
(3) Breach – A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12.

m. Davis-Bacon Act - Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of the Davis -Bacon Act (40 U.S.C. 3141- 3144 and 3146 -3148) as supplemented by Department of Labor regulations (29 CFR Part 5), as applicable.

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Contractors are required to pay wages to laborers and mechanics at a rate no less than the prevailing wages specified in a wage determination made by the Secretary of Labor.

Additionally, contractors are required to pay wages not less than once a week.

n. Work Hours and Safety - Recipient will comp ly, and all its contractors (or subrecipients) will comply, with all requirements of Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3702 and 3704) as supplemented by Department of Labor regulations (29 CFR Part 5), as applicable.

o. Clean Air Act - Recipient will comp ly, and all its contractors (or subrecipients) will comply, with all applicable standards, orders or requirements issued under the Clean Air Act (42 U.S.C. 7401-7671q), and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as applicable.

p. Energy and Conservation - Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of the Ener gy Policy and Conservation Act (42 U.S.C. 6201), as applicable.

q. Waste Disposal - Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, as applicable.

r. Patent Rights - Recipient agrees that the Department of Homeland Security shall have the authority to seek patent rights for any process, product, invention or discovery developed and paid for with funding through this Agreement based on the requirements of 37 CFR§ 401 and any other implementing regulations, as applicable.

s. Copyright - Recipient may copyright any books, publications or other copyrightable materials developed in the course of or under this Agreement. However, the federal awarding agency, State Administrative Agency (SAA) and City reserve a royalty-free, non-exclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for federal governm ent, SAA and/or City purpose:

(1) the copyright in any work developed through this Agreement; and

(2) any rights of copyright to which the subcontractor purchases ownership with support through this grant. The Federal government’s, SAA’s and City’s rights identified above must be conveyed to the publisher and the language of the publisher’s release form must ensure the preservation of these rights.

t. Telecommunications (2 CFR 200.216) - Recipient will comply with FEMA Policy 405-143- 1, Prohibitions on Expending FEMA Award Funds on Covered Telecommunication Equipment or Services (Interim), which prohibits grant recipients and subrecipients from obligating or expending loan or grant funds to procure or obtain, extend or renew a contract to procure or obtain, or to enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.

As described in Public Law 115-232, section 889, covered telecommunications equipment is:

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(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities).

(2) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corpo ration, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities).

(3) Telecommunications or video surveillance services provided by such entities or using such equipment.

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

u. Domestic preferences for procurements (2 CFR 200.322) - Recipient agrees that as appropriate and to the extent consistent with law, it will, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). This requirement must be included in all subawards including all contracts and purchase orders for work or products under this award. For purposes of this provision: “produced in the United States” means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States; and “manufactured products” means items and construction materials composed in whole or in part of non- ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.

v. Equal Employment in Construction Contracts - Pursuant to Equal Employment Opportunity requirements of 41 C.F.R. 60-1.4(b) in accordance with Executive Order 11246 as amended by Executive Order No. 11375, as to any construction contract thereunder, if applicable, during the performance of this contract, the contractor agrees as follows:

(1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following:

Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants fo r employment, notices to be provided setting forth the provisions of this nondiscrimination clause.

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(2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.

(3) The contractor will not discharge or in any other manner discriminate against any employee or applicant f or employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information.

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

(5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

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

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

(8) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance.

FOR PROPOSERS’ REFERENCE ONLY

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Certification - I certify that I have read, understand and agree to the terms and conditions of this Request for Proposals. I have examined the Scope of Services (Exhibit I ) and am qualified to provide services being requested as specified herein. I understand and agree that I am responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal.

PROPOSER’S STATEMENT: I have read, understood and agree to the terms and conditions on all pages of the Request for Qualifications. Upon request, I will transfer and deliver goods or services to the City in accordance with said terms and conditions.

__________________________________________________________________________________

LEGAL NAME OF COMPANY PHONE AND FAX NUMBERS

__________________________________________________________________________________

BUSINESS ADDRESS

__________________________________________________________________________________

PRINTED NAME OF AUTHORIZED AGENT TITLE

__________________________________________________________________________________

SIGNATURE OF AUTHORIZED AGENT DATE E- MAIL ADDRESS

__________________________________________________________________________________

FEDERAL ID NUMBER (IF APPLICABLE) CONTRACTOR LICENSE NUMBER (IFAPPLICABLE)

THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.

PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.

ATTACHMENT A

PROPOSER’S CERTIFICATION, PROPOSAL ITEM PRICING

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List and describe fully the contracts performed by your firm which demonstrate your ability to provide the supplies, equipment or services included in the scope of the proposal specifications. Attach additional pages if required. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications.

REFERENCE

Customer Name:_________________________Contact Individual: ____________________________

Address: ________________________________Phone Number:

_______________________________ EMAIL: ____________________________________

Contract Amount: ________________________Year: ______________________________________

Description of supplies, equipment, or services provided:

__________________________________________________________________________________

REFERENCE

Customer Name:_________________________Contact Individual: ____________________________

Address: ________________________________Phone Number:

_______________________________ EMAIL: ____________________________________

Contract Amount: ________________________Year: ______________________________________

Description of supplies, equipment, or services provided:

__________________________________________________________________________________

REFERENCE

Customer Name:_________________________Contact Individual: ____________________________

Address: ________________________________Phone Number:

_______________________________ EMAIL: ____________________________________

Contract Amount: ________________________Year: ______________________________________

Description of supplies, equipment, or services provided:

THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.

PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.

ATTACHMENT B

REFERENCES

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Proposer understands and agrees that this written RFP (or any part thereof specifically designated and accepted by the City of Santa Ana, hereinafter City) shall constitute the entire agreement between proposer and the City only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Executive Director or his duly authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to proposer or deposited with the United States Postal Service properly addressed to the proposer with the correct postage affixed thereto.

Proposer further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish City all required bonds and certificate of liability insurance within ten (10) days (excluding Saturdays, Sundays and City’s legal holidays), or the funds, check, draft, or proposer’s bond substituted in lieu thereof accompanying this proposal shall become the property of the City and shall be considered as payment of damages due to the delay and other causes suffered by City because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered by City is difficult to ascertain; otherwise said funds, check drafts, or proposer’s bond substituted in lieu thereof shall be returned to the undersigned.

Proposer understands that a proposal is required for the entire work, that the estimated quantities set forth in the RFP schedule are solely for the purpose of comparing proposals, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed.

All terms contained in the specifications, the certification of nondiscrimination by contractors, and the required insurance certificates are to be incorporated by reference into this agreement and are made specifically as part of this RFP.

Firm________________________________________________________________________________

Signed and Printed Name: ______________________________________________________________

Title ________________________________________________________________________________

Date

THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.

PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.

ATTACHMENT C

PROPOSER’S STATEMENT

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(Title 23 United States Code Section 112 and Public Contract Code Section 7106)

To the CITY OF SANTA ANA

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

Note: The above non- collusion affidavit is part of the proposal. Signing this proposal on the signature portion thereof shall also constitute signature of this non-collusion affidavit. Proposers are cautioned that making a false certification may subject the certifier to criminal prosecution.

Signed____________________________________________________________________________

State of ________, County of __________________________________________________________

Subscribed and sworn to (or affirmed) before me on this________ day of_____________, 20____, by ________________________, proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.

________________________
Notary Public Signature Notary Public Seal

THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.

PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.

ATTACHMENT D

NON-COLLUSION AFFIDAVIT

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The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure of Lobbying Activities," in conformance with its instructions.

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

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

Signed:

Title:

Firm:

Date:

THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.

PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.

ATTACHMENT E

NON-LOBBYING CERTIFICATION

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The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows:

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

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

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

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

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

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

2. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract

ATTACHMENT F

NON-DISCRIMINATION CERTIFICATION

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or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a subconsultant or vendor as a result of such direction by the administering agency, the Consultant may request that the United States enter into such litigation to protect the interests of the United States.

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

Signed:

Title:

Firm:

Date:

THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.

PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.

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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/CONTRACTOR DETERMINATION:

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

ATTACHMENT G

FEDERAL AWARD IDENTIFICATION INFORMATION

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IV. FEDERAL AWARD IDENTIFICATION

FAIN INFORMATION
A. CONTRACTOR Name:

B. CONTRACTOR’S Unique
Identifier (D-U-N-S):

Federal Award
Identification Number
(FAIN):

D. Federal Award Date:

E. Subaward Period of
Performance:

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

Total Amount of Federal
Funds Obligated to the
CONTRACTOR:
$
H. Total Amount of the
Federal Award: $
I. Federal Award Project
Description:

ARPA SLFRF
J. Federal Awarding Agency: U.S. Department of the Treasury K. Name of PTE:

L. Contact Information for the
Awarding Official: Kristine Ridge, City Manager
Phone Number: (714) 647-5200
E-mail Address: [email protected]
M. CFDA Number:

CFDA Name: ARPA
N. Whether Award is R&D:

O. Indirect Cost Rate for the
Federal Award:

THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.

PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.

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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 – on following page)

(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 feder al 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

THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.

PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.

ATTACHMENT H

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND

VOLUNTARY EXCLUSION LOWER TIER COVERED TRANSACTIONS

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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, i n 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 ter ms "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 ou t 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.

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 wi th a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the DOL may pursue available remedies, including suspension and/or debarment.

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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;

(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 -

ATTACHMENT I

DRUG-FREE WORKPLACE

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CITY OF SANTA ANA

( 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

THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.

PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.

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CITY OF SANTA ANA

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):

THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.

PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.

ATTACHMENT I

DRUG-FREE WORKPLACE (CONTINUED)

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CITY OF SANTA ANA

In addition to all other RFP Attachments required with proposal submittals, the following documentation must be included with Proposers’ submittal packet.

1) Include a copy of SAM.gov Status, including UEI
Link: https://sam.gov/content/home

2) Include a copy of 501(c)3 Status
Link: https://www.irs.gov/charities-non-profits/search-for-tax-exempt-organizations

3) Include a copy of State of California Status
Link: https://bizfileonline.sos.ca.gov/

THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.

PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.

ATTACHMENT J

BUSINESS ENTITY STATUS DOCUMENTATION

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1 AGREEMENT BETWEEN THE CITY OF SANTA ANA AND

DELHI CENTER FOR USE OF

AMERICAN RESCUE PLAN ACT (ARPA) FUNDS

This Agreement is hereby made and entered into this 7th day of February, 2023, by and between the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“CITY”), and Delhi Center, a California domestic nonprofit corporation (“CONTRACTOR”).

RECITALS:

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

ARPA provides funding for a number of different programs, including the Coronavirus State and Local Fiscal Recovery Fund (“ SLFRF”), to provide monetary support to local governments to respond to, mitigate, and recover from the COVID-19 public health emergency.

B. On July 20, 2021, the Santa Ana City Council authorized the City Manager to utilize the City’s initial ARPA SLFRF funding allocation 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. On A ugust 2, 2022, the City Council approved the updated Revive Santa Ana Spending Plan, and appropriated the City’s second and final ARPA allocation of $64,180,000.

D. On November 22, 2022, the City Manager’s Office issued a Request for Proposals (RFP) for contractors to operate food distribution programs throughout the City , which is an eligible expense under the category of direct assistance programs.

E. CONTRACTOR has been selected by the CITY to receive ARPA SLFRF Funds in order to provide a food distribution program, in accordance with the Scope of Work attached hereto as Exhibit A and incorporated herein by reference (“said program”). CONTRACTOR represents that it is qualified and willing to operate said program and certifies that the administration of said program carried out with funds provided under this Agreement will meet ARPA’s objectives to respond to, mitigate, and recover from this historic COVID-19 public health crisis.

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

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

I. AR PA PROGRAM PROVISIONS

A. Sc
ope of Work. CONTRACTOR shall be responsible for the specific tasks and services of said program, and agrees to administer said program in compliance with the tasks and services as described in the Scope of Work attached hereto as Exhibit A .

CONTRACTOR’s failure to perform as required may, in addition to other remedies set forth in this Agreement, result in readjustment of the amount of funds for said program or termination of this Agreement.

B. T
erm of Agreement. The term of said Agreement shall commence on March 1, 2023 and continue through February 29, 2024 (“Term”), unless terminated earlier pursuant to the terms of this Agreement. Subject to funding availability, the City has the option to grant up to a one (1) year renewal option, exercisable by a writing by the C ity Manager and City Attorney.

C. A
mount of Grant Funding. The total amount of funds provided for said program shall not exceed Two Hundred Fifty Thousand dollars ($250,000) (“ARPA SLFRF Funds”) during the Term of the Agreement. CONTRACTOR agrees to use said ARPA SLFRF Funds to administer said program as outlined in Exhibit A . City neither warrants nor guarantees any minimum or maximum compensation to Contractor under this Agreement.

D. D
isbursement of Funds. Said ARPA SLFRF Funds shall be disbursed by CITY to CONTRACTOR pursuant to the terms found in the Fee Payment Schedule attached hereto as Exhibit B, with payments subject to the submittal of invoices and other reporting requirements, as hereinafter more fully set forth. CONTRACTOR shall be obligated to perform such duties as would normally extend beyond the term, including, but not limited to, obligations with respect to indemnification, audits, reporting, data retention/reporting, and accounting. Failure to provide any o f the required documentation and reporting will cause CITY to withhold all or a portion of a request for ARPA SLFRF Funds, or return the entire request to CONTRACTOR, until such documentation and reporting has been received and approved by CITY.

(2) Reduced Distribution of Funds. The CITY reserves the right to reduce the grant application if the CITY’s fiscal monitoring indicates that CONTRACTOR’s rate of expenditure will result in unspent funds at the end of the program term. Amendments

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3 in the grant allocation will be made after consultation with CONTRACTOR.

E. G rant Program Requirements.

(1) CONTRACTOR acknowledges that the source of funding for said program is the federal ARPA SLFRF, 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.

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

F. P
erformance Monitoring.

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

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4 (6) CONTRACTOR shall establish adequate procedures for self-monitoring and quality control and assurance to ensure proper performance under this Agreement; and shall permit a CITY representative or other regulatory official to monitor, assess, or evaluate CONTRACTOR’s performance under this Agreement at any time, upon reasonable notice to CONTRACTOR.

G. A
udit.

(2) The books and accounts, files, and other records of CONTRACTOR, which are applicable to this Agreement, shall be available for inspection, review, and audit during normal business hours by CITY or CITY’s agent to determine the proper application and use of all ARPA SLFRF Funds provided to or for the account or benefit of CONTRACTOR.

(3) CONTRACTOR assumes responsibility for reimbursement to CITY a sum of money equivalent to the amount of any expenditures disallowed should the CITY, or an authorized agency, rule through audit, exception, or some other appropriate means, that expenditures from funds allocated to CONTRACTOR for direct and/or administrative costs were not made in compliance with the applicable cost principles, regulations, or the provisions of this Agreement.

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5 complete resolution or disposition of such appeals, litigation claims, or exceptions. In the event CONTRACTOR does not make the above-referenced documents available within the City of Santa Ana, California, CONTRACTOR agrees to pay all necessary and reasonable expenses incurred by CITY in conducting any audit at the location where said records and books of account are maintained.

H. O
wnership/Use of Materia ls. CONTRACTOR agrees that all materials, reports or products in any form, including electronic, created by CONTRACTOR for which CONTRACTOR has been compensated pursuant to this Agreement shall be the sole property of the CITY. The material, reports, or products may be used by the CITY for any purpose that the CITY deems to be appropriate, including, but not limit to, duplication and/or distribution within the CITY or to third parties. CONTRACTOR agrees not to release or circulate in whole or part such materials, reports, or products without prior written authorization of the CITY.

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

(
1) CONTRACTOR must submit, no later than ninety (90) calendar days after the end date of the period of performance, all financial, performance, and other reports as required by the terms and conditions of this Agreement;

(2) CITY should complete all closeout actions for the Federal award no later than one year after receipt and acceptance of all required final reports.

II. C ONTRACTOR’S OBLIGATIONS

A. R epresentations and Warranties.

(1) Authority. CONTRACTOR is a duly organized and existing domestic nonprofit corporation in good standing and authorized to do business under the laws of the State of California. CONTRACTOR has full right, power and lawful authority to accept the funding hereunder and to undertake all obligations as provided herein and the execution, performance and delivery of this Agreement by CONTRACTOR has been fully authorized by all requisite actions on the part of CONTRACTOR.

(2) Experience. CONTRACTOR is qualified to provide the
administrator services for said program detailed herein.

(3) Familiarity with Services Required . By executing this Agreement, CONTRACTOR warrants that: (i) it has thoroughly investigated and considered the administrator services to be performed and provided for said program as detailed in Exhibit A; (ii) it has carefully considered how the services should be performed; and, (iii) it fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement.

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6 (4) No Conflict . To the best of CONTRACTOR’S knowledge, CONTRACTOR’S execution, delivery and performance of its obligations under this Agreement will not constitute a default or a breach under any contract, agreement or order to which CONTRACTOR is a party or by which it is bound.

(5) No Bankruptcy. CONTRACTOR is not the subject of any current or threatened bankruptcy proceeding.

(6) No Pending Legal Proceedings. CONTRACTOR is not the subject of a current or threatened litigation that would or may materially affect CONTRACTOR’S performance under this Agreement.

(7) Proposal Veracity . All provisions of and information provided in CONTRACTOR’s proposal submitted to CITY, including any exhibits, are true and correct in all material respects.

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

C. Z
oning. CONTRACTOR agrees that any facility/property used in furtherance of said program shall be specifically zoned and permitted for such use(s) and activities.

Should CONTRACTOR fail to have the required land entitlement and/or permits, thus violating any local, state or federal rules and regulations relating thereto, CONTRACTOR shall immediately make good-faith efforts to gain compliance with local, state or federal rules and regulations following written notification of said violation(s) from the CITY or other authorized citing agency. CONTRACTOR shall notify CITY immediately of any pending violations. Failure to notify CITY of pending violations, or to remedy such known violation(s) shall result in termination of grant funding hereunder. CONTRACTOR must make all corrections required to bring the facility/property into compliance with the law within sixty (60) days of notification of the violation(s); failure to gain compliance within such time shall result in termination of grant funding hereunder.

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

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7 CONTRACTOR must be able to account for receipt, obligation, distribution and expenditure of ARPA SLFRF Funds pursuant to applicable 2 CFR 200.302 requirements.

E. A udit Report Requirements. CONTRACTOR agrees that if CONTRACTOR expends Seven Hundred Fifty Thousand Dollars ($750,000) or more in federal funds, CONTRACTOR shall have an annual audit conducted by a certified public accountant in accordance with the standards as set forth and published by the United States Office of Management and Budget. CONTRACTOR shall provide CITY with a copy of said audit by April 1 of the year following the program year in which this Agreement is executed.

F. C
ompliance with Law/Program Income. CONTRACTOR acknowledges that the funds being provided by CITY for said program are received by CITY pursuant to ARPA, and that distribution and expenditure of these ARPA SLFRF Funds shall be in accordance with ARPA and all pertinent regulations issued by agencies of the federal government, including, but not limited to, all regulations found at Title 24 of the Code of Federal Regulations. Any program income received by CONTRACTOR shall be returned to CITY, unless otherwise provided for in this Agreement. CONTRACTOR agrees to comply fully with all federal, state and local laws and court orders applicable to its operation and administration of said program, whether or not referred to in this Agreement.

CONTRACTOR must review and sign Exhibit C “Debarment”, which is attached hereto and incorporated herein by this reference. CONTRACTOR shall be in good standing, without suspension by the California Secretary of State, Franchise Tax Board or Internal Revenue Service. Any change in the corporate status or suspension of CONTRACTOR shall be reported immediately to CITY.

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

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

J. V
iolation of Terms and Conditions . CONTRACTOR agrees that if CONTRACTOR violates any of the terms and conditions of this Agreement or any prior Agreement whereby ARPA SLFRF Funds were received by CONTRACTOR, or if CONTRACTOR reports inaccurately, or if on audit there is a disallowance of certain

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8 expenditures, CONTRACTOR agrees to remedy the acts or omissions causing the disallowance and repay CITY all amounts spent in violation thereof. If CONTRACTOR engaged in fraudulent activity to obtain and/or justify distribution or expenditure of the ARPA SLFRF Funds granted hereunder, CONTRACTOR shall be required to reimburse the CITY of all such funds that were obtained, distributed and/or spent under fraudulent circumstances.

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

L. P
rohibited Use. CONTRACTOR hereby certifies and agrees that it will not use ARPA SLFRF Funds provided through this Agreement to pay for entertainment, meals or gifts, or other prohibited uses.

CONTRACTOR shall sign a certification to that effect in a form as set forth in Exhibit D, attached hereto and by this reference incorporated herein. CONTRACTOR shall submit said signed certification to CITY prior to performing any of its obligations under this Agreement and prior to any obligation arising on the part of CITY to pay any sums to CONTRACTOR under the terms and conditions of this Agreement.

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

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9 O. Labor Standards . The CONTRACTOR agrees to comply with the requirements of the Secretary of Labor in accordance with the Davis -Bacon Act as amended, the provisions of Contract Work Hours and Safety Standards Act (40 U.S.C. 327 et seq.) and all other applicable Federal, state and local laws and regulations pertaining to labor standards insofar as those acts apply to the performance of this Agreement. The CONTRACTOR agrees to comply with the Copeland Anti-Kick Back Act (18 U.S.C. 874 et seq.) and its implementing regulations of the U.S. Department of Labor at 29 CFR Part 5. The CONTRACTOR shall maintain documentation that demonstrates compliance with hour and wage requirements of this part. Such documentation shall be made available to the CITY for review upon request.

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

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

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

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

III. C ITY'S OBLIGATIONS

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

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

IV. GE

NERAL PROVISIONS

A. No n -Discrimination.

1. CO NTRACTOR agrees to comply with Executive Order 11246, which requires that during the performance of this Agreement, CONTRACTOR agrees not to discriminate against any employee or applicant for employment because of race, religion, sex, color or national origin. Such action shall include, but not be limited to the following:
employment, upgrading, demotion, or transfer, rates of pay or other forms of compensation, and selection for training, including apprenticeship. CONTRACTOR agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the CONTRACTOR setting forth the provisions of this nondiscrimination clause.

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11 handicapped person as provided for under Section 109 of the Housing and Community Development Act of 1974, as amended.

Conflict of Interest. Pursuant to the conflict of interest requirements set forth in 24 CFR 570.611 and 2 CFR 200.112, CONTRACTOR certifies that no member, officer, employee, agent or assignee of CITY having direct or indirect control of any ARPA SLFRF Funds granted to the CITY, inclusive of the subject ARPA SLFRF Funds, shall serve as an officer of CONTRACTOR. Further, any conflict or potential conflict of interest of any officer of CONTRACTOR shall be fully disclosed in writing prior to the execution of this Agreement and said writing shall be attached and deemed fully incorporated as a part hereof. Notice shall be sent by CONTRACTOR to CITY regarding any changes or modifications to its board of directors and list of officers.

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

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12 that this covenant is intended to and shall be construed for the limited purpose of assuring compliance with respect to the use of CITY funds by CONTRACTOR with applicable constitutional limitations respecting the establishment of religion as set forth in the establishment clause under the First Amendment of the United States Constitution and Article I, Section 4 of the California Constitution, and is not in any manner intended to restrict other activities of CONTRACTOR.

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

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

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

E. Not ices. Notices to the parties shall, unless otherwise requested in writing, be sent by U.S. Mail, postage prepaid, and addressed as follows:

TO C
ITY: City of Santa Ana
TO
CONTRACTOR:

Lauren Matthews
Management Aide
City Manager’s Office
20 Civic Center Plaza
P.O. Box 1988
Santa Ana, California 92702-1988
Delhi Center
Patrisia Gonzalez
Associate Director
505 Central Avenue
S
anta Ana, CA 92707

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13 F. A ssignability. None of the duties of, or work to be performed by, CONTRACTOR under this Agreement shall be subcontracted or assigned to any agency, consultant, or person without the prior written consent of CITY. CONTRACTOR must submit all subcontracts and other agreements that relate to this Agreement to CITY. No subcontract or assignment shall terminate or alter the legal obligations of CONTRACTOR pursuant to this Agreement.

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

H. I
nsurance.

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

If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: Insurance Services Office Form Number CA 0001 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

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14 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).

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

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

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15 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, f ailure 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.

Termination.

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

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16 made for services not subsequently performed in a timely and satisfactory manner; and, (2) costs incurred by CITY in obtaining substitute performance.

4. The grant of funds under this Agreement may be terminated for convenience by either the CITY or CONTRACTOR, in whole or in part, by setting forth the reasons for such termination, the effective date, and, in the case of portion termination, their portion to be terminated. However, if in the case of a partial termination, the CITY determines that the remaining portion of the award will not accomplish the purpose for which the award was made, the CITY may terminate the award in its entirety.

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

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

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

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17 and agreements between the parties with respect to SUBRECIPIENT’s administration of said program. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement or amendment hereto shall be effective unless executed in writing and signed by both CITY and CONTRACTOR.

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

O. F
ederal Award Identification Information. CONTRACTOR’s pertinent Federal Award Identification Information, including the U nique Entity ID created in SAM.gov. and Federal Award Identification Number (FAIN), as well as the applicable information for ARPA, are included in Exhibit G attached hereto and incorporated herein by this reference.

P. M iscellaneous Provisions.

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

3. This Agreement must be signed below and may be signed in counterpart and delivered by fax, email as a PDF (Portable Document Format) file attachment, or by

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18 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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19 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first written above.

CITY O F SANTA ANA
________________________
KRI

STINE RIDGE
City Manager
ATTEST:
________________________

NORMA OROZCO
Acting Clerk of the Council
APPROVED AS TO FORM:

SONIA R. CARVALHO
City Attorney
____________________________
By: JOSE MONTOYA
Assistant City Attorney
CONTRACTOR:
______________________________
Name: Juanita Pr
eciado-Hernandez
Title: Interim Chief Executive Officer
Delhi Center
UEI #: MQ6STJ7HPHW3
E
IN/TIN: 95-2520952

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EXHIBIT A

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ATEMENT OF QUALIFICATIONS

FROM DELHI CENTER FOR
RFP NO. 22-166A
FOR

FOOD DISTRIBUTION PROGRAMS
SU

BMITTED TO

THE CITY OF SANTA ANA

DELHI CENTER
505 CENTRAL AVE.

SANTA ANA, CA 92707

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b) Services Provided

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b) Services Provided
Per Exhibit I: Scope of Services, Delhi shall provide the following services:

GEN

ERAL REQUIREMENTS

1. Services: T he Delhi Center was previously awarded the American Rescue Plan Act Food Distribution grant from March 2022 through the end of February 2023 to provide food to individuals and families experiencing food insecurities as a result of the COVID -19 pandemic. This grant allowed the Center to increase our distribution efforts from serving 200 residents weekly to over 450 residents weekly. The grant will fund the continuation of the current services and expand services to an additional 150 - 200 Santa Ana households. Through our collaboration with Second Harvest Food Bank’s (SHFB) Grocery Rescue Program (GRP), we will go from an average of 450+ residents to over 600 residents served weekly.

The grant will allow us to increase the number of grocers/partners and therefore pickups from 3 a week to daily pickups.

Our current capacity does not allow for this.

The proposed program will exceed the RFP’s requirement of 800 households per month. Food insecurity is still being experienced by our community. The growth of our program allows us to not only serve more residents but also to improve our service by providing more fresh and healthy options. Our current City grant expires in February 2023 and without this new grant, Delhi would have to reduce its overall food distribution services.

Dur
ing the current grant, we entered into an agreement with Second Harvest Food Banks for their Grocery Rescue Program (GRP). The GRP connected us with local retail donors to pick up and then distribute fresh, nutritious food directly to the community. This results in perishable products being efficiently incorporated into our food pantry. We also receive fresh/frozen meats, dairy, grains, toiletries, and household goods items for a healthier selection and quantity of food for our residents and the unhoused community. The Delhi Center’s partnerships include Walmart, Costco, Food4Less, and Smart & Final in Santa Ana. We currently do three pickups per week. This grant will fund the current and increase donation pickups from our grocery partners.

We wil
l also continue our collaboration with the Community Action Partnership of OC (CAP OC) to increase our range of services from food to diapers. Through this partnership, we will continue to offer a Diaper Bank to our community with infants and toddlers.

Wit
h this grant, Delhi will also continue its partnership with DoorDash. DoorDash delivers food boxes to our seniors in Santa Ana and families in need without transportation. Currently, over 80 households are being served through this program, with this grant this service can continue and grow as needed.

As o
f October 31, 2022, the Delhi Center has served a total of 12,627 unduplicated households from March 1, 2022, through October 31, 2022.

Section 2: Performance Indicators Oct. TOTAL
Total: Residents Served
(Sum of household sizes
7,926 42,558
Total: Households, Unduplicated 1,633 12,627
Source: City of Santa Ana Google Reporting Intake Form
By s
erving more residents in Santa Ana, the Delhi Center will continue its efforts in ending food insecurity in our community. A study from Feeding America demonstrated that in 2020, the overall (All Ages) Food Insecurity in California was 3,571,920 families. Orange County alone composes 9.4% of those families. The Delhi Center intends to continue its successful Food Distribution program to meet the City of Santa Ana’s efforts by providing these much -needed services through partnerships and grants, such as this one, to end food insecurity. This will be done by continuing to provide an increase in the food supply, toiletries, PPE, diapers, and partnerships to ensure our efforts continue. Without a doubt, the Delhi Center has strong relevant program and service experience to assist the City of Santa Ana in its efforts to end food insecurity in Santa Ana.
https://map.feedingamerica.org/county/2020/overall/california/county/orange

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In addition to the distribution services, we also link residents to other programs and services offered at Delhi Center, such as assistance in lowering cell phone and utility bills and avoiding disconnections, lowering monthly expenses, avoiding evictions, prevention of predatory lending services, budgeting, increasing income and savings, improving credit scores, and reducing debt. These services, much like food distribution, are aimed at helping families, not only to survive but also to improve their financial stability overall.

Del
hi Center also partners with other community -based organizations to provide additional services, such as public assistance enrollment, nutritional workshops, mental health services, COVID and flu vaccines, and COVID testing. These services are often provided at the center to help with accessibility. If a resident needs a service not offered at Delhi Center, we will find the solution and link residents to the proper service provider to meet their needs.

2. Staffi
ng: This grant includes the funding of one (.50FTE) Family Income Support Coordinator/Case Manager, and (1 FTE) Customer Service Representative (CSR). The Case Manager will oversee quality control, procedures, policies, and reporting and assist with food collection and distribution. The Customer Servi ce Representative (CSR ) will manage and have oversight of the Food Distribution program. The CSR will conduct outreach, process intake and registration, and support with the monthly narrative reports due to the City. An additional (.50 FTE) Part -Time CSR/support staff member will be responsible for picking up donations and will also assist in stocking food, and support where needed. This new staff person will allow Delhi to increase the number of grocery store partners and therefore pick-ups. During these past several years of administering the program, all staff has been provided with training, equipment, and supplies required to perform .

When required, staff has obtained the necessary self-serve certificate for food handling.

3. Compliance: Delhi Center currently complies with all applicable federal, state, and local laws and guidelines . It will continue to do so throughout the duration of the contract.

4. Distribution: The proposed program will allow Delhi Center to dedicate 540 square feet of space for a permanent food pantry where food will be maintained and arranged much like a grocery store so residents can come in at greatly expanded time blocks to help select the items that their family needs. We will create a client-centered pantry that allows residents to select their own food instead of receiving a pre -packed or standard bag of groceries. With this method, residents do not have to take items they already have, do not like, or cannot eat for health or personal reasons. In addition to the weekly food distribution, the food pantry will be open Monday through Thursday from 8:30 am to about 8:30 pm and Fridays from 8:30 am to 6:00 pm, and Saturdays from 8:30 am to 4:30 pm. Our resident-centered approach is a way to show that we care enough to serve them in a dignified and personal manner.

5. Source of Food: Delhi Center works with a number of partners that provide a broad network of resources to reduce food scarcity in our community. Delhi Center strongly believes in working with other organizations to ensure maximum effectiveness by working together as opposed to working in isolati on. With this priority in mind, Delhi Center has taken the lead in several initiatives that foster collaboration, information sharing, and parent involvement within all programs and services.

Delhi sources inventory for the food pantry from a variety of sources/ agencies. Through SHFB’s Mobile Pantry Program Delhi receives weekly truck unloads several thousand pounds of food, depending on the needs of each distribution. The products vary depending on current inventory but may include produce, eggs, dairy products, snacks, canned goods, condiments, or any other items that are in abundance at SHFBOC’s distribution center.

We also partner with SHFB for their GRP with connects us with local retail donors to pick up and then distribute fresh, nutritious food directly to our community. This results in perishable products being efficiently incorporated into our food.

This is done on a recurring basis based on an agreed-upon schedule.

Community Action Partnership of Orange County (CAP OC) Food Bank sells food for six cents per pound for Delhi Center’s La Tiendita food pantry. Delhi also partnered with PowerCrunch for a regular shipment of protein and nutritious bars.

These are used for primarily for our unhoused community. Another partner is DoorDash. They do not supply food for the pantry but allow us to deliver food to those that cannot make it to our Center.

Lastly, as Delhi’s pantry expands, we will continue to look for additional partners to supplement our inventory and better serve our residents.

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6. Coordination and safety guidelines: During the height of the pandemic Delhi established a drive-up distribution mode, along with a door -to-door delivery option. This is no longer part of the program; however, if needed we will obtain necessary permits, coordinate traffic, and for facilitating any other communications required to provide services successfully and, in a manner, that complies with any applicable safety guidelines and regulations at our own cost.

7. Customer Service: Serving the community in a courteous and respectful manner is the core value of Delhi. Staff is trained in customer service. They are expected to treat and be courteous to all the public, including City staff.

8. Cleanup/Janitorial: The food distribution and pantry are housed at the Delhi Center. Custodians clean, sanitize, and set up the ballroom and areas where community members will visit, tear down and provide constant cleaning of the Pantry to ensure the cleanliness and wellness of our visitors and staff, daily.

9. Prepared Foods: Delhi will not prepare or distribute meals under this contract.

B. SAFE

TY REQUIREMENTS

1. Employee Training: Delhi shall provide training to all employees and representatives in the work practices necessary to safely perform their work as related to the food distribution program.

2. Protective Equipment and Safe Site: Delhi shall provide at its expense all safeguards , safety devices , and protective equipment, and shall take any and all actions appropriate to providing a safe project site. Delhi has partnered with Abrazar for PPE and regularly restocks the inventory for staff and community needs.

3. Safety of the Public: Delhi does not plan on needing to erect barricades or cones for the food distribution program.

However, if there is a change in the program and they are needed, it will ensure the safety of the public, City, and Delhi staff.

4. Protection of Adjacent Property: Delhi performs all the related services onsite. If damages arise that are caused by Delhi we will work through our insurance to repair and correct damages.

C. REPO

RTING REQUIREMENTS

1. Monthly Reporting: As is currently required, Delhi will submit monthly reports using the City’s form in whatever format the City designates. Delhi Center meets urgent community needs with swift and effective implementation while maintaining a robust documentation and compliance regime. An intake form will be used to register all participants and provide the necessary demographics for program eligibility and compliance as well as emergency contact information and liability waivers. The form includes annual income, household makeup, family composition, and other data points that help us ensure equitable delivery of government benefits and opportunities to underserved communities. This process may be modified depending on future COVID-19 closure mandates.

2. City Tracking Forms: Delhi shall utilize City-provided tracking forms to document recipients and their demographic and need data. For our current food distribution program, the Center uses a google intake form provided by the City of Santa Ana. This tool captures demographic information and pandemic-related adversities experienced by the client.

3. Timeliness of Reporting: Delhi prides itself on submitting timely reports as required. We shall continue to take reporting requirements and deadlines seriously and as a priority for our continued good standing.

4. Required Monthly Report Data: As required, Delhi will t rack and provide detailed monthly reports that include, the quantity of food distributed, n umber of households served, d ate of distribution s, loc ation(s) of distributions, and distribution time frame and number of hours.

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e) Proposed Work Plan
i. Program Design and Description (2 pages)
ii. Proposed Scope of Services (5 pages maximum)

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22-166A
REVISED SCOPE OF WORK -Program Design and Description
(1) Describe Key Services and Services to impacted and disproportionately impacted populations The revised award amount of $250,000 for the RFP 22-166A for the Food Distribution Program at Delhi Center will be sufficient for the center to continue with its goal for the term of one year. Increasing our Grocery Rescue donation pick- ups from local grocery stores from three (3) per week to five (5) pickups per week will result in a significant increase in the number of residents that could be served.

The following is a revision of the originally submitted grant application from a three-year term to a one-year term. Delhi Center will absorb the entire cost of printing and permits, cleaning, and sanitation supplies. Donations will be requested from partners and sponsors for specific items needed.

The registration, outreach, scheduling, preparation, and distribution functions will remain the same as originally proposed. The increased budget will cover the new DoorDash delivery expense. We were informed recently that effective January 2023, DoorDash will charge for deliveries at a rate of $4.50 per delivery. This funding will cover approximately nine (9) months of delivery fees. The Delhi Center will cover the cost for the remaining 3 months.

ORIGINAL SUBMISSION:

The proposed program is an expansion of Delhi Center’s current food distribution program, which will enable the center to increase its distribution of food of serving 450 residents to over 600 residents weekly, resulting in a significant increase in the number of residents reached in a collaborative effort in ending food insecurity with the support from the City of Santa Ana.

With in-person food distribution, food is arranged on tables for easy "shopping" so that residents can select the items they need. Currently, we are serving an average of 240 residents for Monday’s food Distribution event. This event occurs weekly and runs from 10:00 am to 12:00 pm.

When food delivery is conducted on Tuesdays through our partnership with DoorDash, which delivers to an average of 80 to 90 residents, weekly, the food is lined up on tables in the center lobby and portioned out in boxes and bags, which staff carry out and place in the vehicles. Food is distributed to pre-registered residents who have provided their addresses and the number of household members in advance to best determine how much food to deliver.

This is an intense and massive undertaking every week and staff have developed a system that processes food to feed hundreds. Volunteers are also recruited to help with the entire process. During this time, about 450 households are served, which includes about 34% children and 30% seniors.

EXPANDED PROGRAM: Funding for the proposed program will allow us to continue this strategy every week without interruption and to expand the program by significantly increasing the number of local grocery store pickups from 3 days per week to 5 days per week which will, in turn, increase the number of residents served from 450 to over 600.

The proposed program will allow Delhi Center to dedicate 540 square feet of space for a permanent food pantry where food will be maintained and arranged much like a grocery store so residents can come in at greatly expanded time blocks to help feed their families consistently. In addition to the weekly food distribution, the food pantry will be open Monday through Thursday from 8:30 am to about 8:30 pm, Fridays from 8:30 am to 6:00 pm, and Saturdays from 8:30 am to 4:30 pm.

The food pantry will be equipped with store shelves, refrigeration, bins, carts, and other equipment for attractive displays and easy distribution. It will be regularly stocked with food provided by donations and Second Harvest at no cost and food that will be purchased at six cents per pound from the Community Action Partnership of Orange County (CAP OC) Food Bank. Also, donations from our partners through Second Harvest’s Grocery Rescue Program. Food will include shelf-stable canned and dry goods, produce, dairy, meat, and other essentials.

Although residents will be encouraged to bring their own bags, bags and boxes will be made available. Residents will complete registration and will check in at the front desk each time they arrive, then go directly to the food pantry. There will be always a staff person in the food pantry that residents are visiting to ensure safety and cleanliness. One Staff will be hired to fill a Part-Time vacancy and will be trained to support the program by picking up from local grocery partner stores, daily.
(2) If requesting funding for multiple services, describe how the services will be integrated to better serve our community - The Delhi Center is requesting funding only for the Food Distribution and Pantry Program services. (3) Indicate which services are new for your agency. Please attach a separate start-up timeline chart for each new Service - The following are recent additions to our Food Distribution program but not new.

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1. Diaper distribution through our partnership with CAP OC: Low-income Families with children needing diapers are encouraged to come to the center to receive up to 3 packages (25 diapers each package) once a month. To ensure these services are only being used by those in need the Delhi Center has developed an intake form to gather demographic data, household income information, and their certification that the items received will not be sold.

2. Free delivery of food boxes through our partnership with DoorDash: Seniors, Single-household families, and families without transportation are added to the delivery service to ensure receipt of food and household items on a weekly basis. Currently, over 80 households are being served through this program. Food is distributed to pre-registered residents who have provided their addresses and the number of household members in advance to best determine how much food to deliver.
(4) Include the anticipated number of unduplicated households to be served annually for each service.

Our current grant expires in Feb 2023; without this new grant, our program would be decreased by service hours and residents serviced. We currently serve 21,600 unduplicated households annually. With the award of this grant, it will allow the Food Distribution efforts to expand and reach approximately 28,000 unduplicated households per year. The grant will build on our current program and allow us to serve and reach more families in Santa Ana. With the additional staff/pickup person, we can increase our pickups from 3 times per week to 5 days per week. Increasing our food and toiletries supply to serve more residents in need in the City of Santa Ana.

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Proposed Scope of Services (max. 5 pages)
(1) Details/Tasks/Program Duration/Deliverables
REGIS
TRATION: The Food Distribution program involves a registration process to gather contact and demographic information through a Google Intake Form provided by the City of Santa Ana. Additional information is gathered to help the staff determine the need to link residents to other Delhi Center services as well as to identify additional food and other commodities needed, which can be purchased from the CAP OC food bank and Diaper Bank. This will also provide information about how the residents heard about the program so that we can adjust our outreach efforts to focus on the strategies that are the most effective.

OUTREACH AND SCHEDULING : Staff conduct outreach and provide notifications of when food distribution occurs to communicate any special circumstances regarding distribution via phone calls, text messages, and social media posts. Our teen leaders also volunteer to canvass the surrounding neighborhoods to distribute flyers by doorstep delivery. Also, flyers and notices are provided at the local church, which helps us get the word out to about 900 residents regularly. Additionally, the City of Santa Ana shares the Food Distribution location flyer information through its communication portals.

PREPARATION AND DISTRIBUTION PROCESS: The facility must be sanitized before each distribution day and tables and chairs are set up depending on the format - in-person or drive-through pick-up or door-step delivery - for each distribution day. When the food is delivered by SHFB, staff help unload the food and break down the pallets by cutting the wrapping and cutting open the boxes of food. They sort through the produce to ensure it is clean, discard produce that has gone bad, and then package the produce, which is usually provided in bulk. Photos of discarded produce are sub mitted with the daily report as required by SHFB. Staff also check for expiration dates on canned and pre¬ packaged food to ensure quality. The food is arranged by category (dairy, canned goods, produce, etc.) and staff determines the maximum amount of each item allowed for residents to take based on the quantities received and the expected number of residents for the day. With in-person food distribution, food is arranged on tables for easy "shopping" so that residents can select the items they need. Currently, we are serving an average of 240 residents for Monday’s food Distribution event. This event occurs weekly and runs from 10:00 am to 12:00 pm. F ood delivery is conducted on Tuesdays through our partnership with DoorDash, which delivers to an average o f 80 to 90 residents, weekly, the food is lined up on tables in the center lobby and portioned out in boxes and bags, which staff carry out and place in the vehicles. Food is distributed to pre-registered residents who have provided their addresses and the number of household members in advance to best determine how much food to deliver. With our current partnership with the GPR , we supplement and restock our Pantry with dry -shelf stable food, frozen meats, dairy, grains, toiletries, and more, at every pickup . These items are stored and distributed throughout the week so we can serve an average of 120 residents who walk into our Pantry program during the Center’s operating hours, Monday through Saturday. The center is thoroughly cleaned and sanitized multiple times per day. The tracking report for the GRP is submitted to SHFB to document the number of households and individuals served, including the number of children (18 and under), adults (19 -59), and seniors (60+). We also submit to the City tracking report, narrative, and financial reports on a monthly basis. This is an intense and massive undertaking every week and staff have developed a system that processes food to feed hundreds.

Volunteers are also recruited to help with the entire process. During the week, about 450 households are served, which includes about 34% children and 30% seniors.

Funding for the proposed program will allow us to continue this strategy every week without interruption and to expand the program by significantly increasing the number of local grocery store pickups from 3 days per week to 5 days per week which will, in turn, increase the number of residents served from 450 to over 600. The proposed program will allow Delhi Center to dedicate 540 square feet of space for a permanent food pantry where food will be maintained and arranged much like a grocery store so residents can come in at greatly expanded time blocks to help feed their families consistently.

In addition to the weekly food distribution, the food pantry will be open Monday through Thursday from 8:30 am to about 8:30 pm and Fridays from 8:30 am to 6:00 pm, and Saturdays from 8:30 am to 4:30 pm. The food pantry will be equipped with store shelves, refrigeration, bins, carts, and other equipment for attractive displays and easy distribution. It will be regularly stocked with food provided by donations and SHFB, GRP and food that will be purchased at six cents per pound

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from the CAP OC Food Bank. Food will include shelf -stable canned and dry goods, produce, dairy , meat, and other essentials. Although residents will be encouraged to bring their own bags, bags and boxes will be made available. Residents will complete registration and will check in at the front desk each time they arrive, then go directly to the food pantry.

There will be always a staff person available to assist in t he food pantry to serve residents and ensure safety and cleanliness.
(2) Target Population
The proposed program will serve all Santa Ana residents, with a focus on families with children and seniors living in the Delhi neighborhood that were adversely affected by the COVID -19 pandemic. Client demographics of over 979 Delhi Center’s Food Distribution program alone (data from March through October 2022) include approximately 90.9% Hispanic and 9.1% Non-Hispanic participants. Of the 979 responses, 29.3% have incurred a Loss of Job due to the pandemic, 32.3% experienced a reduction in pay/hours worked, 14.1% lost a family/household member, 30.5% had COVID -19-related illnesses or hospitalizations, 9.2% faced eviction, and .2% became unhoused. See the table below (Source: Google Intake Food Distribution Form, March 1 through October 31, 2022).

Due to the proximity of the armory and railroad
tracks, Delhi also sees and serves unhoused
individuals. The adjacent Armory reactivates its
homeless shelter during the winter months, which
results in increased numbers of unhoused in t our
area. We sort our food inventory and identify food
for our unhoused residents.

The target population also include s residents who
are extremely low-income and who struggle with
chronic income insecurity and face other
challenges. This may include being undocumented
with no one in the family having a legal earning capacity, a high risk for deportation, housing, and food insecurity, no access to health care, over-crowded living conditions, regular victimization of predatory lending services, low or no education, and no English-language capabilities. These are the residents served by Delhi Center and who will be served by the proposed program.
(3) Unmet Need
The proposed program will allow the Center to continue to target extremely low-income families, single parents, seniors, and residents who experience food insecurity, which by its very nature causes other hardships that prevent them from accessing services that may be available in other areas. Whether it is because of age, language barriers, low educational attainment, lack of resources, or fear, our target population is not equipped with the skills needed to research resources, find out where to go on their own, know what questions to ask, or other skills that would result in successful accessibility of food and other resources. Delhi Center is a trusted community entity and a safe place for residents from all walks of life.

The proposed program will continue to bring needed services to an area that has been historically devoid of public resources unless they are attached to the Delhi Center. Flu shots, COVID testing and immunizations, fitness and nutrition classes, financial stability services, and many other services are provided at Delhi Center either directly or through partner organizations, who love to provide services at Delhi Center because they know this is where the residents most in need come to for help and the staff is trusted. Staff meets the need by being trustworthy and compassionate. They have built relationships with community leaders, nonprofits, government departments, SAPD, food banks, county, and school district officials, and others who help Delhi Center provide services directly in the neighborhood that needs them most.

The proposed program will also continue to meet the need for regular and consistent food distribution by providing large- scale weekly food distributions along with maintaining a food pantry for ongoing access as needed by residents. Monthly

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food distribution is not enough, even weekly distribution does not fully meet the needs of the community. This is comparable to residents who receive social security or other benefit checks once a month - the resources simply do not make it to the end of the month. So, too, weekly or monthly food distribution is not sufficient for residents to meet their nutritional needs and prevent hunger. The proposed program fills that gap in service and ensures food stability for Santa Ana residents in a more meaningful and sustainable manner. (4) Collaborations with Local Organizations
Delhi Center works with several partners that provide a broad network of resources to improve service d elivery to the community. Delhi Center strongly believes in working with other organizations to ensure maximum effectiveness by working together as opposed to working in isolation. With this priority in mind, Delhi Center has taken the lead in several initiatives that foster collaboration, information sharing, and parent involvement within all programs and services.

Organizations that will provide support specifically to the proposed program include Second Harvest Food Bank, which provides food to the Delhi Center, weekly, and the Grocery Rescue Program (GRP). GRP allows the Delhi Center to partner with local grocery stores to pick up donations 3 times per week. Community Action Partnership of Orange County (CAP OC) Food Bank sells food for six cents per pou nd for Delhi Center’s food pantry. The Orange County Health Care Agency provides flu shots, Central City Mobile Clinic provides free medical services, Catholic Charities provides nutritional workshops, Community Health Initiative of OC provides enrollment for CalFresh and other public benefits, CalOptima provides educational workshops on health and medical benefits, OC Fire Authority donates turkeys at Thanksgiving, and the City of Santa Ana connects Delhi with other food banks and resources.

All of our partners provide one or more links in the chain of survival for Santa Ana residents. All the services provided at Delhi Center help residents lower costs, access services that would otherwise not be available to them , and meet their needs in a safe and nurturing environment.
(5) Details of Innovations
Delhi Center has proven its ability to be flexible, responsive, and innovative in the face of crisis. The proposed program will provide consistent, regular, and accessible food to improve the nutritional well -being of residents. Delhi Center is flexible and can seamlessly shift its delivery methods to respond to the changing dynamics of the pandemic and the needs of the community by increasing Grocery Rescue donation pickups from local grocery stores. Currently, the Center picks up from 4 local grocery stores three (3) times per week. Should this grant be awarded we can increase pickups from three (3) times per week to daily pickups Monday through Friday, which in turn will increase the amount of food received and serve more residents per week.

Increasing the selection of goods in the Pantry allows clients an opportunity to have a selection of food and goods that best meet the needs of their families.

Our partnership with DoorDash allows our reach to be extended to those unable to come to the Center personally.

We also provide an opportunity for teens and adults to make a meaningful contribution to their community by training them to serve residents with this much-needed service.

We also use food distribution as an opportunity to identify the needs of residents and to link them to other services that will help improve their health and financial well -being. We can do this because of the partnerships we have established over the years. Other service providers know they can come to Delhi Center to provide their services because residents come to Delhi Center for services. We get food and other resources into the hands of people who need them.

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iii. Data Collecting, Reporting, and
Compliance:
(2 pages maximum)

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iii. Data Collecting, Reporting, and Compliance: (2 pages maximum) (1) Compliance with State and Local Fiscal Recovery Funds, Compliance and Reporting Responsibilities The Delhi Center Board of Directors is responsible for formulating financial policies and reviewing operations and activities periodically, and delegates this oversight responsibility to the Treasurer of the Board and the Finance Committee of which the Treasurer is the Chair. This responsibility is shared with the Chief Executive Officer and the Associate Director.

Delhi Center's Fiscal Policies and Procedures (P & P) cover the responsibilities, distribution of duties, and oversight required of the Board of Directors and management staff. The P & P covers all financial transactions, segregation of duties, internal controls, purchasing and procurement, payroll and time and attendance tracking, document retention, and signature policies.

For our current food distribution program, the Center uses a google intake form provided by the City of Santa Ana. This tool captures demographic information and pandemic-related adversities experienced by the client.

Delhi Center uses QuickBooks as its accounting system and grant expenditures are coded by appropriate categories within the Chart of Accounts. Transactions are entered daily including deposits, payments, invoices, bills, and checks. The Agency maintains the QuickBooks company file on its local server. Backups are conducted daily and saved to the server automatically. As part of the month -end process, one person completes a "Verify Data" process within QuickBooks and saves a special backup afterward, which helps reduce the risk of data file corruption.

Delhi Center uses a payroll company, ADP, to ensure proper documentation of personnel expenses. Staff timecards are coded to demonstrate hours worked under different funding sources and program components where applicable. An annual audit is performed by a Certified Public Accountant which also completes the annual tax return and provides guidance on several compliance issues.

The use of these systems ensures that grant funds are not used for ineligible purposes and that there is no fraud, waste, or abuse associated with the SLFRF award. Delhi will comply with requirements and submit demographic data as required on Negative Economic Impacts and Household Food Assistance programs as required by the SLFRF.

Delhi Center meets urgent community needs with swift and effective implementation while maintaining a robust documentation and compliance regime. An intake form will be used to register all participants and provide the necessary demographics for program eligibility and compliance as well as emergency contact information and liability waivers. The form includes annual income, household makeup, family composition, and other data points that help us ensure equitable delivery of government benefits and opportunities to underserved communities. This process may be modified depending on future COVID-19 closure mandates.

A Deliverables Matrix is used to lay out all program compliance requirements and a log of all residents served is maintained to keep track of all numbers served by age (adult, children, and seniors). Staf f is very experienced in using these instruments to track and document activities, ensure compliance, identify problems in service delivery, and develop strategies for improvement.
a) Service to People in a Qualified Service Tract (QCT)/Determination of D isproportionate Public Health or Economic Outcomes to Target Population
The financial impact the pandemic caused on families is evident in the Delhi neighborhood. Poverty is common and significant among all residents served at Delhi Center. Client demographics of over 700 Delhi Center program participants include approximately 83% extremely low -income households and 17% low -income, based on federal guidelines.

Hispanics make up 87% with approximately 63% undocumented, which often translates to the inability of residents to earn a living wage due to immigration status and language barriers. It is no surprise that 52% of all persons served at Delhi Center have a median household income of $25,000 or less compared to the citywide median household income of $54,521. To make matters worse, 40% are female-headed households and 64% of all households served include 5 or more persons.

The Delhi neighborhood has historically been burdened by the impacts of land use patterns, development, and other factors as clearly de monstrated by the Environmental Protection Agency. The Delhi neighborhood is one of the most vulnerable and disadvantaged areas in Santa Ana and suffers from exposure to environmental effects, such as pollution, groundwater contaminants, traffic, and solid and hazardous waste facilities. The Delhi neighborhood is in the "red zone" when it comes to health risks, resulting in high rates of asthma, cardiovascular disease, and low birth weight infants as well as socioeconomic factors such as low educational att ainment, linguistic isolation, unemployment, poverty, and housing insecurity, etc.

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b) Compliance with 2 CFR part 200 (Uniform Administrative Requirements) The Uniform Guidance 2 CFR part 200 streamlines and consolidates government requirements for receiving and using federal awards to reduce administrative burden and improve outcomes. The Delhi Center will adhere to all Uniform Administrative Requirements and ensure that the significant elements below are followed to maintain compliance. Delhi Center will provide documentation to support accounting and cost records with adequate source documentation, including:
• ADP payroll reports for salaries allocated to the program, timesheets, and a payroll reimbursement spreadsheet. • QuickBooks reports for all expenses directly associated with the program and costs incurred that are allowable by the grantor with supporting receipts or reports.
• Direct, indirect, and unallowable costs will be identified appropriately and treated consistently. Costs that are identifiable to a specific project will be treated as a direct expense. Costs that are common to several projects and cannot be clearly allocated to one project will be treated as an indirect expense or will not be included in reimbursement. • Delhi Center will expense all funds during the performance period and will not go above the indirect cost allowed by the grantor.

Policies and Procedures have been written to ensure the program and its staff are compliant with the deliverables and outcomes expected by the grantor. The Policies and Procedures include information on document retention, statistical information, income self-certification to demonstrate eligibility, Internal Quality Control Audit procedures, how to submit reports and when, confidentiality and conflict of interest disclosures, allowable costs, and procurement standards. This ensures that the work performed is being done per the agreement. iv. Suggestions or special concerns for evaluation committee None currently.
v. Deliverables/Implementation/Timeline

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EXHIBIT B

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DELHI CENTER
RFP 22-166A for Food Distribution Programs

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EXHIBIT C

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EXHIBIT D

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EXHIBIT E

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EXHIBIT F

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EXHIBIT G

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1 AGREEMENT BETWEEN THE CITY OF SANTA ANA AND

THE SEVA COLLECTIVE FOR USE OF

AMERICAN RESCUE PLAN ACT (ARPA) FUNDS

This Agreement is hereby made and entered into this 7th day of February 2023, 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 Seva Collective, a California domestic nonprofit corporation (“CONTRACTOR”).

RECITALS:

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

ARPA provides funding for a number of different programs, including the Coronavirus State and Local Fiscal Recovery Fund (“SLFRF”), to provide monetary support to local governments to respond to, mitigate, and recover from the COVID-19 public health emergency.

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

C. On August 2, 2022, the City Council approved the updated Revive Santa Ana Spending Plan, and appropriated the City’s second and final ARPA allocation of $64,180,000.

D. On November 22, 2022, the City Manager’s Office issued a Request for Proposals (RFP) for contractors to operate food distribution programs throughout the City, which is an eligible expense under the category of direct assistance programs.

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I. ARPA PROGRAM PROVISIONS

B. Term of Agreement. The term of said Agreement shall commence on the date first written above and continue through February 29, 2024 (“Term”), unless terminated earlier pursuant to the terms of this Agreement. Subject to funding availability, the City has the option to grant up to a one (1) year renewal option, exercisable by a writing by the City Manager and City Attorney.

C. Amount of Grant Funding. The total amount of funds provided for said program shall not exceed Two Hundred Fifty Thousand dollars ($250,000) (“ARPA SLFRF Funds”) during the Term of the Agreement. CONTRACTOR agrees to use said ARPA SLFRF Funds to administer said program as outlined in Exhibit A . City neither warrants nor guarantees any minimum or maximum compensation to Contractor under this Agreement.

D. Disbursement of Funds. Said ARPA SLFRF Fun ds shall be disbursed by CITY to CONTRACTOR pursuant to the terms found in the Fee Payment Schedule attached hereto as Exhibit B, with payments subject to the submittal of invoices and other reporting requirements, as hereinafter more fully set forth. CONT RACTOR shall be obligated to perform such duties as would normally extend beyond the term, including, but not limited to, obligations with respect to indemnification, audits, reporting, data retention/reporting, and accounting. Failure to provide any of the required documentation and reporting will cause CITY to withhold all or a portion of a request for ARPA SLFRF Funds, or return the entire request to CONTRACTOR, until such documentation and reporting has been received and approved by CITY.

( 2) Reduced Distribution of Funds. The CITY reserves the right to reduce the grant application if the CITY’s fiscal monitoring indicates that CONTRACTOR’s rate of expenditure will result in unspent funds at the end of the program term. Amendments

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3 in the grant allocation will be made after consultation with CONTRACTOR.

E. Grant Program Requirements.

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

F. Performance Monitoring.

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

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G. Audit.

(2) The books and accounts, files, and other records of CONTRACTOR, which are applicable to this Agreement, shall be available for inspection, review, and audit during normal business hours by CITY or CITY’s agent to determine the proper application and use of all ARPA SLFRF Funds provided to or for the account or benefit of CONTRACTOR.

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

(2) CITY should complete all closeout actions for the Federal award no later than one year after receipt and acceptance of all required final reports.

II. CONTRACTOR’S OBLIGATIONS

A. Representations and Warranties.

(2) Experience. CONTRACTOR is qualified to provide the
administrator services for said program detailed herein.

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(5) No Bankruptcy. CONTRACTOR is not the subject of any current or threatened bankruptcy proceeding.

(6) No Pending Legal Proceedings. CONTRACTOR is not the subject of a current or threatened litigation that would or may materially affect CONTRACTOR’S performance under this Agreement.

(7) Proposal Veracity . All p rovisions of and information provided in CONTRACTOR’s proposal submitted to CITY, including any exhibits, are true and correct in all material respects.

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

C. Zoning. CONTRACTOR agrees that any facility/property used in furtherance of said program shall be specifically zoned and permitted for such use(s) and activities.

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7 CONTRACTOR must be able to account for receipt, obligation, distribution and expenditure of ARPA SLFRF Funds pursuant to applicable 2 CFR 200.302 requirements.

CONTRACTOR must review and sign EXHIBIT C “Debarment”, which is attached hereto and incorporated herein by this reference. CONTRACTOR shall be in good s tanding, without suspension by the California Secretary of State, Franchise Tax Board or Internal Revenue Service. Any change in the corporate status or suspension of CONTRACTOR shall be reported immediately to CITY.

I. Independent Contractor. CONTRACTOR a grees 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 CONTRACTOR reports inaccurately, or if on audit there is a disallowance of certain expenditures, CONTRACTOR agrees to remedy the acts or omissions causing the disallowance and repay CITY all amounts spent in violation thereof. If CONTRACTOR engaged in fraudulent activity to obtain and/or justify distribution or expenditure of the ARPA SLFRF Funds granted hereunder, CONTRACTOR shall be required to reimburse the CITY of all such funds that were obtained, distributed and/or spent under fraudulent circumstances.

L. Prohibited Use. CONTRACTOR hereby certifies and agrees that it will not use ARPA SLFRF Funds provided through this Agreement to pay for entertainment, meals or gifts, or other prohibited uses.

N. Financial Interest. C ONTRACTOR 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

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9 agency, or the CONTRACTOR.

O. Labor Standards. The CONTRACTOR agrees to comply with the requirements of the Secretary of Labor in accordance with the Davis -Bacon Act as amended, the provisions of Contract Work Hours and Safety Standards Act (40 U.S.C. 327 et seq.) and all other applicable Federal, state and local laws and regulations pertaining to labor standards insofar as those acts apply to the performance of this Agreement. The CONTRACTOR agrees to comply with the Copeland Anti-Kick Back Act (18 U.S.C. 874 et seq.) and its implementing regulations of the U.S. Department of Labor at 29 CFR Part 5. The CONTRACTOR shall maintain documentation that demonstrates compliance with hour and wage requirements of this part. Such documentation shall be made available to the CITY for review upon request.

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

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

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

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10 III. CITY'S OBLIGATIONS

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

IV. GENERAL PROVISIONS

A. Non-Discrimination.

1. CONTRACTOR agrees to comply with Executive Order 11246, which requires that during the performance of this Agreement, CONTRACTOR agrees not to discriminate against any employee or applicant for employment because of race, religion, sex, color or national origin. Such action shall include, but not be limited to the following:
employment, upgrading, demotion, or transfer, rates of pay or other forms of compensation, and selection for training, including apprenticeship. CONTRACTOR agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the CONTRACTOR setting forth the provisions of this nondiscrimination clause.

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

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

2. CONTRACTOR shall not discriminate against any person applying for the services CONTRACTOR agrees to provide under the terms of this Agreement on the basis

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12 of religion and shall not limit such services or give preference to applicants for such services on the basis of religion.

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

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

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

TO CITY: City of Santa Ana
Lauren Matthews
Management Aide
City Manager’s Office
20 Civic Center Plaza
P.O. Box 1988
Santa Ana, California 92702-1988

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13 TO CONTRACTOR:

SEVA Collective
Saanand Singh Sethee, Director
2552 Walnut Avenue, Suite 140
Tustin, CA 92780

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

H. Insurance.

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

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14 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.

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:

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

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15 to provide, that the self-insured retention may be satisfied by either the named insured or City.

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

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

2. Insurance must be maintained and evidence of insurance must be 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. Howev er, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

I. Termination.

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

4. The grant of funds under this Agreement may be terminated for convenience by either the CITY or CONTRACTOR, in whole or in part, by setting forth the reasons for such termination, the effective date, and, in the case of portion termination, their portion to be terminated. However, if in the case of a partial termination, the CITY determines that the remaining portion of the award will not accomplish the purpose for which the award was made, the CITY may terminate the award in its entirety.

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

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

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

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17 CONTRACTOR before it received notice of such revision, provided that such amounts have been committed in good faith and are otherwise allowable and that such commitments are consistent with ARPA SLFRF Funds withdrawal guidelines.

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

M. Validity and Severability. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.

O. Federal Award Identification Information. CONTRACTOR’s pertinent Federal Award Identification Information, including the U nique Entity ID created in SAM.gov. and Federal Award Identification Number (FAIN), as well as the applicable information for ARPA, are included in Exhibit G attached hereto and incorporated herein by this reference.

P. Miscellaneous Provisions.

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18 held by the signatory or is withdrawn.

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

{Signatures on following page}

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19 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first written above.

ATTEST: CITY OF SANTA ANA
___________________
_____

KRISTINE RIDGE
City Manager
________________________

NORMA OROZCO
Acting Clerk of the Council
APPROVED AS TO FORM:

SONIA R. CARVALHO
City Attorney
____________________________

JOSE MONTOYA
Assistant City Attorney
CONTRACTOR:
______________________________
Name: S
aanand Singh Sethee
Title: Director
Seva Collective
UEI
#: TDB5XMRQAE11
EIN/TIN: 86-1998980

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EXHIBIT A

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Proposal Submission for:

Revive: Santa Ana Food Supply/ Distribution Programs
Rfp No.: 22-166A
By: The Seva Collective
[email protected] | 714-584-7573| www.thesevacollective.org | @sevacollectiveofficial

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Proposed Work Plan
Program Design and Description:

As described above, in the Services Provided section of our proposal, the food distribution services we currently engage in will continue to be implemented, albeit with a more robust operational quality. From startup to its current form, through much planning, trial and error, our model has settled on the streamlined operation we currently employ. To achieve this relied on the generous and continued dedication of a core set of volunteers who offered many hours of their time. We feel that The Seva Collective is at a junction, where many defined operational duties can be handed off to administrative and logistics staff, thereby freeing the directors to pursue a broader vision for the organization’s capabilities in service of the Santa Ana community in the future.

Currently at our bi-monthly distribution events we serve approximately 550 families, meaning over the course of a month we serve roughly 1100 families. We have an amazing volunteer base of over 600 people who have participated in distribution events and a cadre of about 40 volunteers who regularly attend. Our Core Volunteer Leadership team, including the directors, who are always in attendance, have streamlined a system by which to distribute 20 - 25 thousand pounds of food at each distribution. Food and supplies are identified, coordinated, gathered, loaded and trucked to the distribution location. Whereby the food is unloaded, sorted, and repackaged into individual family portions. The items are arrayed at several drive-through stations and a walk-up station to serve those residents who may not have access to transportation. To help organize the long line of cars that has been stacked in the parking lot of our distribution site at Villa Fundamental Intermediate School we have arranged for the generous help of the SAUSD DSO (District Security Officers) as well as the Santa Ana PD.

The drives are conducted with safety, efficiency and respect at the forefront. Parking lot attendants monitor and regulate traffic, recipients are greeted warmly and notified of services and upcoming events, and food and other items are loaded into trunks and carts. Over the course of about 2 - 2.5 hours we are able to serve roughly 550 families all the provisions we have allotted for that week.

If granted the award amount we plan on implementing the following broad organizational changes:

Hire Administrative and Logistics Staff
Lease Warehouse/Office Space within Santa Ana
Retrofit Warehouse Space with Cold-Storage.

Purchase Logistics Equipment (Truck, Forklift, etc.)
By implementing these changes we can strengthen and expand our services by expanding nutritional value and increasing our service offering.

Expand Nutritional Value
Securing a regular supply of dairy, eggs and protein has been a challenge through our system of partners. We also know recipients value these products to create rounded meals for their families.

By leveraging wholesale purchasing power, we feel that we could offer these products to our families providing them tremendous value at acceptable cost to the organization. By providing a more nutritionally rich offering, we can help recipients plan their meals more easily and provide a higher level of nutrition, which will lead to better overall health of the Santa Ana community that we serve. 10 City Council
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Additionally, at times we face challenges when creating a nutritionally balanced food kit due to our lack of reliable and long term storage. Currently, our model relies upon all the available items to arrive just-in-time on the day or two leading up to the distribution. This can create logistical hurdles and any misstep could result in a nutritionally incomplete food kit for distribution. Having cold storage capability would allow us to store produce, eggs, dairy, meat and other cold-storage foods for a longer amount of time thereby opening up our logistical capabilities to accept a larger amount of these nutritionally rich items. It would also allow us to schedule receiving and storage of produce outside of our current short window. This capability would allow us to expand and better control our offerings to our recipients.

Expanded Walk-In Service
Our current model allows for recipients to receive food during the prescribed semi-monthly drives.

We understand this can be constraining on those in need of our help and may exclude many families from receiving food when they need it. We often field calls during the week from families looking for food assistance immediately. Having a warehouse space in the city of Santa Ana will allow us to open our doors on a more regular basis. With a permanent location we will offer a weekly time slot for people to come in and receive food. This would expand the number of families we could serve significantly, as well as serve a population of people in more critical need of help. We anticipate that with an additional weekly time slot we would serve an additional 750 unduplicated households per year.
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Our location, Villa Fundamental Intermediate School site, was chosen due to its proximity to many walkable HUD QCT Tracts (744.03, 744.07, 745.01, 744.05, 755.14). Based on a sample survey from those we have served, here is a map (below m1) showing where recipients come from. You can see a significant population that is attending are from the QCT tracts map (m2) that have been disproportionately impacted. We have gone to the heart of impacted communities, and have listened to what they need, and where the gaps are in their nutrition. We are dedicated to filling those gaps, and continually strive to implement best practices to serve the impacted and disproportionately impacted populations.
m2 (source: https://www.huduser.gov/portal/sadda/sadda_qct.html) m1 We anticipate a total of 3,500 unduplicated households annually during our food distribution events with an anticipated additional 750 unduplicated households served with the expanded walk-in services. 12 City Council
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ii. Proposed Scope of Services:

1. Details of food supply and/or food distribution services to be provided, the tasks to be accomplished, duration of the program and the deliverables to be provided.

Services to be provided: We currently run food distribution drives twice per month at Villa Fundamental School in Santa Ana. We would like to continue these drives, as well as add programming that could benefit residents of Santa Ana during some of our non-drive days. If we receive this grant, we will be able to obtain warehouse space to help meet the needs of the community mid-week. Currently, due to lack of budget, it is very difficult to provide service to residents on days that we are not holding our scheduled drives. Our goal would be to provide services in terms of emergency food assistance on other days/times as well with our Walk-In Service.

Additionally, we would like to increase our nutritional value of the food that is being distributed to the population, ensuring that well-balanced, protein rich and nutritious foods reach each family we serve.

Tasks to be accomplished: In order to implement the proposed services, we would need to complete the following steps: Hire administrative and logistics staff, lease warehouse/office space within Santa Ana, retrofit the space with adequate storage capabilities and purchase transportation equipment (e.g. a truck, forklift, etc) to manage and move our supply. (See above for timeline of implementation) Duration of the program: The goal is for the program duration to be ongoing. The broader vision of The Seva Collective is to be embedded within the city of Santa Ana as a resource for consistent and reliable food distribution for all vulnerable populations for years to come. As long as we are able to obtain and maintain sustainable funding from all of our sources, we will continue to be a stable permanent food source for the community of Santa Ana.

2. Details of target population : Our target population is anyone in need of food assistance. We have focused on being easily accessible to the densest population of impacted and disproportionately impacted peoples. The majority of the recipients are working poor, with families, whose financial commitments are greater than the funds they have available. Many times they are deciding between buying basic food items, unable to even think about sourcing fresh, nutritious food, and fulfilling a living need such as: paying rent, changing a tire, or paying for necessary medical or dental treatment. Our target population to serve are those that have been hit by COVID and inflation who need assistance to make their ends meet, and ensure their families receive well-balanced, protein rich and nutritious foods regardless of their situation.

3. Details of unmet need : The need within the city of Santa Ana is evidenced by the tremendous demand of the recipients related to us by their stories. It is made apparent by their willingness to line up for our food drives, often waiting for over 3 hours before our start time. This has happened during the height of the pandemic, and continues to this date. Santa Ana is a city with several food deserts and high food insecurity, and we hope to continue to provide services in whatever way we can to help meet this need. One key factor that we have been told again and again, is that there are many food pantries around, however one thing that sets Seva Collective apart is our dedication and commitment to serving fresh and nutritious produce at all of our food distribution events.

4. Details of collaborations with local organizations: The Seva Collective has been fortunate to have developed many partners over the past 2.5 years of holding these food drives. From our first drive, in May of 2020, we have 13 City Council
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had Santa Ana Police Department assist with traffic coordination and management. They have been an invaluable resource to help keep the miles-long line running smoothly and efficiently, at whatever location we have been at. Since February 2021, the Seva Collective has partnered with Santa Ana Unified School District, who has helped provide a location for us to hold our food drives. The district has been very supportive in the continuation of the food drives, and have extended our ability to hold them at Villa Fundamental. The Seva Collective has also partnered with the Orange County Food Bank, where we are able to obtain donated food as well as purchase food for our drives. The Seva Collective also partnered with Sikh Center of Orange County, where we were fortunate to be able to hold our drives almost every week of 2020, beginning in May. We also built a strong relationship with the Santa Ana City Manager’s office, with whom we share our food pantry flyers for every drive and they help distribute the information to the community members who need it. We hope to continue building relationships and collaborate with local organizations as we continue to do this work in Santa Ana.

5. Details of innovation in program/service delivery: The food distribution process has made a seemingly long-lasting shift after the pandemic. We visited and consulted several food distributions who have been in place prior to the pandemic in a “storefront style” format, where recipients would enter the food pantry and get food inside. However, what we have learned is that the drive-through (and also walk-up) food distribution allows for food pantries to serve many more people more efficiently and effectively. Many prior “storefront” food pantries are now making a permanent shift to drive-through format food drives. The Seva Collective’s goal is to have a hybrid system, where we continue to hold drive-through food pantries, where we are able to make pre-packaged baskets of fresh produce as well as shelf-stable food packages to provide to every car who comes through and we are able to have expanded walk-in services for those who are unable to attend the larger food distribution events. We would ideally like to be able to provide expanded nutritional items such as milk and eggs, which we would purchase and hold in refrigerated units if we are able to. The key to our innovation, implementation and success at running these food distribution events is our motto “doing good for all.” We do not require or request pre-registration prior to attending the distribution and receiving food. We have realized that pre-registration prior to a large distribution event becomes a hurdle for those families and populations most impacted and who have the most need.
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iii. Data Collecting, Reporting and Compliance
The Seva Collective will comply with the State and Local Fiscal Recovery Funds, Compliance and Reporting responsibilities for the following categories, Negative Economic Impacts and Household Assistance: Food Programs. We understand that we must comply with the Statutory Eligible Uses, Treasury’s Interim Final Rule, Uniform Guidance (2 GFR) and any other Award Terms and Conditions. We understand that there are four Eligible and certain Restricted Uses for these funds, and we fall under the Negative Economic Impacts and Household Assistance Food Programs sections.

We also understand that Eligible Cost Time Frame currently are for Eligible costs incurred once the grant has been awarded and December 31, 2024. With additional funds possibly obligated by December 31, 2024 and expended by December 31, 2026.

Most importantly we understand that the Reporting Requirements typically include an initial interim report, quarterly or annual Project and Expenditure reports and a Recovery Plan. Our interim report will include the Initial overview of status and uses of funding, and it will be due one time. Our Project and Expenditure reports are due quarterly and will cover the types of projects funded, our financial data and any information on contracts, grants and subawards when applicable.

Our Recovery Plan is due annually and covers our approach and objectives, descriptions of funded projects, performance and evidence information and how we are promoting equity. We further understand that our recovery plan must be published on our public-facing website as well as submitted to the City and Treasury, and that some data from the Recovery Plan will be entered into the Treasury reporting system. We understand that a Recovery plan must include: Executive Summary, Use of Funds, Promoting Equitable Outcomes, Community Engagement, Labor Practices and Use of Evidence. It should also cover project inventory with a table of expenses by expenditure category and Project Inventory. Lastly at minimum it should cover program data and performance indicators including Performance Report, Required Performance Data and Ineligible Activities: Tax Offset Provisions.

For Project and Expenditure reports, we understand that the Project Demographic Distribution reporting is key.

We will identify whether or not the project is serving an economically disadvantaged community, based on if:
program or service is provided at a physical location in a Qualified Census Tract (QCT) (which it is), Primary intended beneficiaries live within a QCT (the majority of recipients are local to the QCT, eligibility criteria are such that the primary intended beneficiaries earn less than 60 percent of the median income; or that eligibility criteria are such that over 25 percent of intended beneficiaries are below the federal poverty line; based upon the expenditure category Household assistance.

We will be able to provide Evidence of Use by maintaining and sharing food distribution totals for each event, pictures of events, testimony from recipients, testimony from volunteers, and corroboration from participating local agencies (e.g. Santa Ana Unified School District, Santa Ana Police Department, local organizations such as OC Food Bank, etc).

Our current distribution site serves the QCTs within Santa Ana. Our robust and redundant notification systems to recipients ensures that we effectively reach residents of the QCTs surrounding our distribution site. We are 15 City Council
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regularly flyering, display roadway signage, forward advertisement through the school district, advertisement through city offices, being available through county services lines, and maintain a large text message database.

And of course, the distribution events themselves are a very visible, repetitive presence in the community.

Our service is within walking distance of the following QCT Tracts: 744.03, 744.07, 745.01, 744.05, 755.14, as well as being within a short driving distance to the nine other QCT’s within Santa Ana. As you can see on the map below, we are situated right in the heart of not only the QCTs, but also many LIHTCs (Low Income Housing Tract Communities) as well.
(source: https://www.huduser.gov/portal/sadda/sadda_qct.html) Our procedures, recording and expenditures intend to comply with 2 CFR part 200 (Uniform Administrative) Requirements. We understand that as a non-Federal entity we are responsible for the efficient and effective administration of the Federal award through the application of sound management practices. We will measure our performance to show that we are achieving our program goals and objectives. The Seva Collective is currently under the threshold of $750,000 in federal grants, therefore Audits are not required. However, we will comply with all reporting requirements that are laid out in 2 CFR part 200. We will bring on someone to assist with our reporting and auditing so we can ensure we stay in compliance. The Seva Collective will submit monthly reports in a form supplied by the City in whichever format they prefer. Seva will utilize City-provided tracking forms to document recipients and their demographic and need data. The Seva Collective will also comply with all City, federal, and state reporting requirements in a timely manner. Reports shall be provided to the City upon request or regularly at a frequency to be determined by the City. The Seva Collective will provide monthly reports in form supplied by the City to the City’s Project Manager that will include the following: the quantity of food distributed; the number of households to which food was distributed, the date(s) of distribution event(s), the location of the distribution event(s),; and the distribution event time frame and number of hours. Once again, in order to ensure that we maintain compliance we will work with an outside consultant who is well versed in 2 CFR part 2000 (Uniform Administrative Requirements) Reporting. 16 City Council
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iv. Suggestions or Current Concerns
We do not currently have any suggestions or current concerns at this time. v. Description of Deliverables and Implementation Plan.

As described above, in the Services Provided section of our proposal, the food distribution services we currently engage in will continue to be implemented, albeit with a more robust operational quality. Currently at our bi-monthly distribution events we serve approximately 550 families, meaning over the course of a month we serve roughly 1100 families, which we will continue to do.

We also intend to expand our national value in terms of offering more dairy, eggs and protein to our recipients.

Additionally, we intend to implement a weekly walk-in service to broaden our availability and serve more families.

Please refer to the charts below to view our implementation timeline. 17 City Council
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EXHIBIT B

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Budget Proposal
Line Revenue Program or Project Grant Request
1 Grants $250,000 $250,000
2 Contracts $0 $0
3 Corporate contributions $7,500 $0
4 Foundation Matching Funds $10,000 $0
5 Donations from Individuals & Trusts $40,000 $0
6 Fees for services $0 $0
7 Fundraisers, events, sales $0 $0
8 Endowment $0 $0
9 Interest income $0 $0
10 Miscellaneous $0 $0
11 Total $307,500 $250,000.00
12 In-kind $1,136,800 $0.00
13 Total Revenue $1,444,300 $250,000
Line Expenses Program or Project Grant Request
14 Staff salaries and wages $75,000 $55,000
15 Fringe benefits $6,000 $3,000
16 Rent $45,000 $29,000
17 Utlities, etc $5,000 $5,000
18 Refrigerated Truck Lease $36,000 $36,000
19 Truck Maintanence, Repairs, Registration, etc $15,000 $15,000 20 Material Handling Equipment $5,000 $5,000
21 Insurances $10,000 $3,000
22 Expansion of Nutritional Value (e.g. Milk, Eggs, etc) $76,000 $76,000 23 Supplies and materials $7,000 $3,000
24 Printing and copying $2,000 $2,000
25 Community Outreach $3,000 $3,000
26 Telecommunications $2,000 $0
27 Volunteer $5,500 $0
28 Contract services $10,000 $10,000
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29 Miscellaneous $5,000 $5,000
30 Staff and volunteer training $0 $0
31 Subtotal $307,500 $250,000
32 General operating (indirect) $0 $0
33 Total $307,500 $250,000
34 In-kind
35 Services Rendered:
36 Director: Logistics and Transportation $39,000 $0
37 Director: Community Outreach & Engagement $27,300 $0 38 Director: Strategic Relationships Management $27,300 $0 39 Director: Administrative Management $31,200 $0
40 Administrative Offices $12,000 $0
41 Baked Goods $60,000 $0
42 Fresh Produce $550,000 $0
43 Pantry Staple Items $325,000 $0
44 Non-Food Items $65,000.00 $0
45 Total In-kind $1,136,800 $0
46 Total Expenses $1,444,300 $250,000
47 Revenue over Expenses $0 $0
We have strong reserves to handle our cash flow needs for the time between expenditures and reimbursement.

Additionally we have been supported by a network of private and corporate benefactors as well as philanthropic foundations. They have pledged to step in additional funds as needed due to the expansion of services. We believe it is quite feasible to maintain the necessary cash flow requirements that will be needed during the interim reimbursement periods.
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EXHIBIT C

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EXHIBIT D

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EXHIBIT E

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EXHIBIT F

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EXHIBIT G

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�

CITY OF SANTA ANA
IV. FEDERAL AWARD IDENTIFICATION

FAIN INFORMATION
A. The Seva Collective
B.

CONTRACTOR Name:

CONTRACTOR'S Unique
Entity
Identifier (UEI):

Federal Award
C. Identification Number
(FAIN):

D. Federal Award Date:

E. Subaward Period of
Performance:

Total Amount of Federal
F. Funds Obligated by the
Action:

Total Amount of Federal
G. Funds Obligated to the
CONTRACTOR:

H. Total Amount of the
Federal Award:

I. Federal Award Project
Description:

J. Federal Awarding Agency:

K. Name of PTE:

L. Contact Information for the
Awarding Official:

Phone Number:

E-mail Address:

M. CFDA Number:

CFDA Name:

ARPA SLFRF
U.S. Department of the Treasury
Kristine Ridge, City Manager
(714) 647-5200
[email protected]
ARPA
N. Whether Award is R&D:

0. Indirect Cost Rate for the
Federal Award:

THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.

PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.

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THE SEVA COLLECTIVE
Unique Entity ID
TDB5XMRQAE11

CAGE / NCAGE
(blank)
Purpose of Registration
Federal Assistance Awards Only
Registration Status
Active Registration
Expiration Date
Dec 21, 2023
Physical Address
2552 Walnut AVE
STE 140
Tustin, California 92780-6970
United States
Mailing Address
2552 Walnut AVE
STE 140
Tustin, California 92780-6970
United States
Business Information
Doing Business as
(blank)
Division Name
(blank)
Division Number
(blank)
Congressional District
California 45
State / Country of Incorporation
California / United States
URL
www.thesevacollective.org
Registration Dates
Activation Date
Dec 23, 2022
Submission Date
Dec 21, 2022
Initial Registration Date
Dec 21, 2022
Entity Dates
Entity Start Date
Feb 1, 2021
Fiscal Year End Close Date
Dec 31
Immediate Owner
CAGE
(blank)
Legal Business Name
(blank)
Highest Level Owner
CAGE
(blank)
Legal Business Name
(blank)
Executive Compensation
Registrants in the System for Award Management (SAM) respond to the Executive Compensation questions in accordance with Section 6202 of P.L. 110-252, amending the Federal Funding Accountability and Transparency Act (P.L. 109-282). This information is not displayed in SAM. It is sent to USAspending.gov for display in association with an eligible award. Maintaining an active registration in SAM demonstrates the registrant responded to the questions.

Proceedings Questions
Registrants in the System for Award Management (SAM.gov) respond to proceedings questions in accordance with FAR 52.209-7, FAR 52.209-9, or 2. C.F.R. 200 Appendix XII. Their responses are displayed in the responsibility/qualification section of SAM.gov. Maintaining an active registration in SAM.gov demonstrates the registrant responded to the proceedings questions.

Exclusion Summary
Active Exclusions Records?
No
SAM Search Authorization
I authorize my entity's non-sensitive information to be displayed in SAM public search results:

Yes
Entity Types
Business Types
Entity Structure
Corporate Entity (Tax Exempt)
Entity Type
Business or Organization
Organization Factors
(blank)
Profit Structure
Non-Profit Organization
Last updated by Saanand Singh Sethee on Dec 21, 2022 at 03:41 PM THE SEVA COLLECTIVE https://sam.gov/entity/TDB5XMRQAE11/coreData?status=Active Page 1 of 2

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Socio-Economic Types
Minority Owned Business
Woman Owned Business
Subcontinent Asian (Asian-Indian) American
Owned
Check the registrant's Reps & Certs, if present, under FAR 52.212-3 or FAR 52.219-1 to determine if the entity is an SBA-certified HUBZone small business concern. Additional small business information may be found in the SBA's Dynamic Small Business Search if the entity completed the SBA supplemental pages during registration.

Financial Information
Accepts Credit Card Payments
Yes
Debt Subject To Offset
No
EFT Indicator
0000
CAGE Code
(blank)
Points of Contact
Electronic Business
Saanand S Sethee
2552 Walnut AVE
Suite 140
Tustin, California 92780
United States
Government Business
Ravin K Kohli
2552 Walnut AVE
Suite 140
Tustin, California 92780
United States
Service Classifications
NAICS Codes
Primary NAICS Codes NAICS Title
Disaster Response
This entity does not appear in the disaster response registry.

Last updated by Saanand Singh Sethee on Dec 21, 2022 at 03:41 PM THE SEVA COLLECTIVE https://sam.gov/entity/TDB5XMRQAE11/coreData?status=Active Page 2 of 2

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Finance and Management Services
www.santa-ana.org/finance
Item # 23
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
February 7, 2023
TOPIC: City-wide Cashiering Software and Hardware Upgrades including accompanying Support & Maintenance Services
AGENDA TITLE:

Approve a Master Renewal Agreement with System Innovators for Citywide Europay, MasterCard, and Visa (“EMV”) Chip & PIN Credit Card Hardware Purchases and Payment Card Industry Data Security Standard (“PCI DSS”) Cashiering Software System Upgrades to the City’s existing “iNovah” Centralized Cashiering System, in an Amount not to Exceed $765,032 and Approve a Corresponding Support and Maintenance Agreement for the City’s Upgraded Cashiering system, Including Ongoing Professional Software and Hardware services in an Amount not to Exceed $592,946 (General and Non-General Fund)

RECOMMENDED ACTION

1.Authorize the City Manager to execute a master renewal agreement with System Innovators, a division of N. Harris Computer Corporation, for a comprehensive upgrade of iNovah, the City’s revenue management and cashiering software system, necessary for EMV Chip & PIN credit card transactions and PCI DSS compliance.

The master renewal agreement would include related payment terminal hardware purchases and a software system upgrade, plus contingent options for software integrations with PRCSA’s Centaman Zoo Ticketing System, CivicRec Reservation System and, plus PBA’s Clariti Land Management System, and CDA-Housing’s Rental Registry Fee Program System, commencing February 7, 2023, and expiring December 31, 2025, with a provision for two (2) renewal options of three (3) years, and one (1) year; respectively, ending December 31, 2029 in an amount not to exceed $765,032, which includes a contingency of $562,262 for the life of the agreement subject to non-substantive changes approved by the City Manager and City Attorney.

2. Authorize the City Manager to execute a corresponding Support and Maintenance Agreement with System Innovators, a division of N. Harris Computer Corporation, for on-going software and hardware support and maintenance of the upgraded iNovah cashiering system, commencing February 7, 2023, and expiring December 31, 2025, with a provision for two (2) renewal options of three (3) years, and one (1) year; respectively, ending December 31, 2029 in an amount not to exceed $592,946,

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Renewal Agreement with System Innovators
February 7, 2023

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3 2
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which includes a contingency of $77,341 for the life of the agreement subject to non- substantive changes approved by the City Manager and City Attorney.

DISCUSSION
The following City agencies utilize N. Harris Computer Corporation, System Innovators, iNovah cashiering software and hardware to process the receipt of City revenues:

Finance & Management Services Agency, Parks, Recreation & Community Services Agency, and the Santa Ana Police Department. Specifically, this includes payments for Municipal Utility Services (“MUS”) bills, Business License Tax, Hotel Visitors’ Tax, Utility Users’ Tax, Parking Citations, and all other payments processed throughout City facilities. To improve the security of in-person payment transactions for Santa Ana residents and to minimize the risk of a credit card information data breach, staff recommends a City-wide upgrade to the iNovah software system and payment terminal hardware which would support EMV Chip & PIN contactless payment terminals and PCI DSS compliance in order to protect credit card payment data. The distinguishing feature of EMV Chip & PIN payment transactions is that the payment information is resident in a secure chip that is embedded in a plastic payment card (often referred to as chip card or smart card). The secure chip provides three key elements:
•It can perform payment processing functions;
•It is able to store confidential information very securely; and •It can perform cryptographic payment processing.

These capabilities provide the means for secure in-person payments. Moreover, PCI DSS is a written standard, created by the major credit card brands and maintained by the Payment Card Industry Security Standards Council. PCI DSS compliance contains technical requirements that protect and secure payment card data during processing, handling, storage, and transmission.

The iNovah cashiering software system is fully integrated into all City payment systems, including but not limited to, enQuesta, the City’s water utility billing system. Beginning in Fiscal Year 2019-20, the Finance & Management Services Agency (“FMSA”), Public Works Agency (“PWA”), and Information Technology Department (“IT”) undertook development of a program for the implementation of Advanced Metering Infrastructure (“AMI”) to provide modern smart metering services to the City’s water utility operation and for MUS customers to which iNovah’s services are tied into. In March 2020, the FMSA Treasury & Customer Service Division (“Treasury”) began an upgrade to the City’s existing water, sewer, sanitation, and refuse customer information service/utility billing system, enQuesta, to ensure the City is keeping up with best practices as they relate to utility customer service, billing technology, and to ensure compatibility with the City’s AMI program systems.

The AMI program is dependent on expanded use of the City’s upgraded MUS enQuesta system with which System Innovators’ iNovah cashiering software services are

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Renewal Agreement with System Innovators
February 7, 2023

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Santa Ana City Council
February 7, 2023