HomeMy WebLinkAboutAMERICA ON TRACK (11)INSURANCE ON FILE A-2023-191
WORK MAY PROCEED
UNTIL INSURANCE EXPIRES
LIRA)( —
CITY CLERK
DATE: NOV 3 0 2023
01. CDAC3) .t AGREEMENT BETWEEN AMERICA ON TRACK AND
C,A, Wa}k fn.5) CITY OF SANTA ANA FOR GANG PREVENTION AND INTERVENTION PROGRAM
SERVICES
THIS AGREEMENT is made and entered into on this 15+ day of DeCe Pn btr , 2023 by and
between America on Track, a California nonprofit corporation ("Consultant"), and the City of
Santa Ana, a charter city and municipal corporation organized and existing under the Constitution
and laws of the State of California ("City"). The City and Consultant shall be collectively referred
to as "Parties."
RECITALS
A. On June 1, 2023, the City issued a Request for Proposal No. 23-090A ("RFP 23-090A"),
by which it sought qualified contractors to provide special skill and knowledge in the field
of gang prevention and intervention program services that promote a proactive,
preventative approach to addressing concerns with at -risk youth and gang activity.
B. Consultant submitted a responsive proposal that was among those selected by the City.
Consultant represents that Consultant is able and willing to provide services to the City that
were described in the scope of work included in RFP 23-090A.
C. In undertaking the performance of this Agreement, Consultant represents that it is
knowledgeable in its field and that any services performed by Consultant under this
Agreement will be performed in compliance with such standards as may reasonably be
expected from a professional consulting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the
terms and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
Consultant shall perform during the term of this Agreement, the tasks and obligations
including all labor, materials, tools, equipment, and incidental customary work required to fully
and adequately complete the services described and set forth in the Scope of Work that was
included in RFP 23-090A, which is attached as Exhibit A, and incorporated in full, and as
summarized in Consultant's Scope of Work and Budget, which is attached as Exhibit B and
incorporated in full.
2. COMPENSATION
a. City agrees to pay, and Consultant agrees to accept as total payment for its services for
City, the rates and charges identified in Exhibit B. The total amount to be expended
during the term of this Agreement shall not exceed $200,000 annually, for a total of
$400,000 including extension period. The total not -to -exceed amount for the aggregate
amount available to all the retained consultants shall be $800,000, including extension
period.
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b. Payment by City shall be made within forty-five (45) days following receipt of proper
invoice evidencing work performed, subject to City accounting procedures. Payment
need not be made for work which fails to meet the standards of performance set forth
in the Recitals which may reasonably be expected by City.
3. TERM
This Agreement shall commence on the date first written above for a one (1) year term
with the option for the City to grant up to a one , one (1) year renewal, exercisable by a writing
by the City Manager and the City Attorney, unless terminated earlier in accordance with Section
17, below.
4. PREVAILING WAGES
Consultant is aware of the requirements of California Labor Code Section 1720, et seq.,
and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq.,
("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the
performance of other requirements on "public works" and "maintenance" projects. If the services
being performed are part of an applicable "public works" or "maintenance" project, as defined by
the Prevailing Wage Laws, and the total compensation is $1,000 or more, Consultant agrees to
fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the
City, its elected officials, officers, employees and agents free and harmless from any claim or
liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
5. INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an
independent Consultant and not an employee of the City. This Agreement is not intended nor shall
it be construed to create an employer -employee relationship, a joint venture relationship, or to
allow the City to exercise discretion or control over the professional manner in which Consultant
performs the services which are the subject matter of this Agreement; however, the services to be
provided by Consultant shall be provided in a manner consistent with all applicable standards and
regulations governing such services. Consultant shall pay all salaries and wages, employer's social
security taxes, unemployment insurance and similar taxes relating to employees and shall be
responsible for all applicable withholding taxes.
6. OWNERSHIP OF MATERIALS
This Agreement creates a non-exclusive and perpetual license for City to copy, use,
modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property
embodied in plans, specifications, studies, drawings, estimates, and other documents or works of
authorship fixed in any tangible medium of expression, including but not limited to, physical
drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or
caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant
shall require all subcontractors to agree in writing that City is granted a non-exclusive and
perpetual license for any Documents & Data the subcontractor prepares under this Agreement.
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Consultant represents and warrants that Consultant has the legal right to license any and all
Documents & Data. Consultant makes no such representation and warranty in regard to
Documents & Data which were provided to Consultant by the City. City shall not be limited in
any way in its use of the Documents and Data at any time, provided that any such use not within
the purposes intended by this Agreement shall be at City's sole risk.
7. INSURANCE
Minimum insurance requirements are as follows:
Certificate Holder must be addressed as follows:
City of Santa Ana
Risk Management Division
20 Civic Center Plaza
Santa Ana, CA 92702
Consultant 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 Consultant, his
agents, representatives, employees or subcontractors.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01
covering CGL on an `occurrence" basis, including products and completed operations,
property damage, bodily injury and personal & advertising injury with limits no less than
$1,000,000 per occurrence. If a general aggregate limit applies, either the general 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 any
auto (Code 1), or if Consultant has no owned autos, hired (Code 8) and non -owned (Code 9) autos,
with limit no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers' Compensation insurance as required by the State of California, with
Statutory Limits, and Employers' Liability insurance with a limit of no less than $1,000,000 per
accident for bodily injury or disease.
4. Professional Liability applicable to the work being performed, with a limit no less than
$1,000,000 per claim or occurrence and $2,000,000 aggregate per policy period of one year.
If the Consultant 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 Consultant. Any available insurance proceeds in excess of the specified
minimum limits of insurance and coverage shall be available to the City.
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Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
The City, its officers, officials, employees, and volunteers are to be covered as additional
insureds on the CGL policy with respect to liability arising out of work or operations performed
by or on behalf of the Consultant 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 Consultant's insurance (at least as broad as ISO Form CG 20 10 1185
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 if a later edition is used).
Primary Coverage
For any claims related to this contract, the Consultant's insurance coverage shall be
primary coverage at least as broad as ISO CG 20 0104 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 Consultant's insurance and
shall not contribute with it.
Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled,
except with notice to the City.
Waiver of Subrogation
Consultant hereby grants to City a waiver of any right to subrogation which any insurer
of said Consultant may acquire against the City by virtue of the payment of any loss under such
insurance. Consultant 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.
Self -Insured Retentions
Self -insured retentions must be declared to and approved by the City. The City may
require the Consultant 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.
Acceptability oflnsurers
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 ANII, unless otherwise acceptable to the City.
Claims Made Policies
If any of the required policies provide coverage on a claims -made basis:
1. The Retroactive Date must be shown and must be before the date of the contract or the
beginning of contract work.
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2. Insurance must be maintained and evidence of insurance must be provided for at least
five (5) years after completion of the contract of work.
3. If coverage is canceled or non -renewed, and not replaced with another claims -made
policy form with a Retroactive Date prior to the contract effective date, the Consultant must
purchase "extended reporting" coverage for a minimum of five (5) years after completion of
contract work.
Verification of Coverage
Consultant 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 Consultant's
obligation to provide them.
The City reserves the right to require complete, certified copies of all required insurance
policies, including endorsements required by these specifications, at any time.
Subcontractors
Consultant shall require and verify that all subcontractor maintain insurance meeting all
the requirements stated herein, and Consultant shall ensure that City is an additional insured on
insurance required from subcontractors.
Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature
of the risk, prior experience, insurer, coverage, or other special circumstances.
8. INDEMNIFICATION
Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers,
agents, employees, contractors, special counsel, and representatives from liability: (1) for personal
injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for
personal injury, including death, and claims for property damage, which may arise from the
negligent operations of the Consultant, its subcontractors, agents, employees, or other persons
acting on its behalf which relates to the services described in section I of this Agreement; and (2)
from any claim that personal injury, damages, just compensation, restitution, judicial or equitable
relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and
hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial
or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in
this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant
further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including
fees and costs for special counsel to be selected by the City, regarding any action by a third party
challenging the validity of this Agreement, or asserting that personal injury, damages, just
compensation, restitution, judicial or equitable relief due to personal or property rights arises by
reason of the terms of, or effects arising from this Agreement. City may make all reasonable
decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing,
to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity
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shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of,
pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant.
9. INTELLECTUAL PROPERTY INDEMNIFICATION
Consultant shall defend and indemnify the City, its officers, agents, representatives, and
employees against any and all liability, including costs, for infringement of any United States'
letters patent, trademark, or copyright infringement, including costs, contained in the work product
or documents provided by Consultant to the City pursuant to this Agreement.
10. RECORDS
Consultant shall keep records and invoices in connection with the work to be performed
under this Agreement. Consultant shall maintain complete and accurate records with respect to
the costs incurred under this Agreement and any services, expenditures, and disbursements
charged to the City for a minimum period of three (3) years, or for any longer period required by
law, from the date of final payment to Consultant under this Agreement. All such records and
invoices shall be clearly identifiable. Consultant shall allow a representative of the City to
examine, audit, and make transcripts or copies of such records and any other documents created
pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all
work, data, documents, proceedings, and activities related to this Agreement for a period of three
(3) years from the date of final payment to Consultant under this Agreement.
11. CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such
information is reasonably understood to be confidential and/or proprietary, Consultant agrees that
it shall not use or disclose such information except in the performance of this Agreement, and
further agrees to exercise the same degree of care it uses to protect its own information of like
importance, but in no event less than reasonable care. "Confidential Information" shall include all
nonpublic information. Confidential information includes not only written information, but also
information transferred orally, visually, electronically, or by other means. Confidential
information disclosed to either party by any subsidiary and/or agent of the other party is covered
by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any
information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the
Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant
without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e)
is independently developed by the Consultant without reference to information disclosed by the
City.
12. CONFLICT OF INTEREST CLAUSE
Consultant covenants that it presently has no interests and shall not have interests, direct
or indirect, which would conflict in any manner with performance of services specified under this
Agreement.
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13. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement
shall be in writing and shall be deemed to be properly given if delivered in person or mailed by
first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in
the manner provided in this Section, to the following persons:
To City: City Clerk
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Executive Director
Community Development Agency
City of Santa Ana
20 Civic Center Plaza (M-25)
P.O. Box 1988
Santa Ana, CA 92702
To Consultant: America on Track
Attn: Claire Braeburn
600 W. Santa Ana Blvd., Ste. 710
Santa Ana, CA 92701
A party may change its address by giving notice in writing to the other party. Thereafter,
any communication shall be addressed and transmitted to the new address. If sent by mail,
communication shall be effective or deemed to have been given three (3) days after it has been
deposited in the United States mail, duly registered or certified, with postage prepaid, and
addressed as set forth above. If sent by fax, communication shall be effective or deemed to have
been given twenty-four (24) hours after the time set forth on the transmission report issued by the
transmitting facsimile machine, addressed as set forth above. For purposes of calculating these
time frames, weekends, federal, state, County or City holidays shall be excluded
14. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Consultant, and supersedes any and all other agreements, oral or written, between the parties. In
the event of a conflict between the terms of this Agreement and any attachments hereto, the terms
of this Agreement shall prevail. This Agreement may not be modified except by written instrument
signed by the City and by an authorized representative of Consultant. The parties agree that any
terms or conditions of any purchase order or other instrument that are inconsistent with, or in
addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each
party to this Agreement acknowledges that no representations, inducements, promises or
agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any
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party, which is not embodied herein.
15. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Consultant,
Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior
written consent of the City and any such assignment, transfer, delegation or subcontract without
the City's prior written consent shall be considered null and void. Nothing in this Agreement shall
be construed to limit the City's ability to have any of the services which are the subject to this
Agreement performed by City personnel or by other Consultants retained by City.
16. WAIVER
No waiver of breach, failure of any condition, or any right or remedy contained in or
granted by the provisions of this Agreement shall be effective unless it is in writing and signed by
the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or
remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not
similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.
17. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of
termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant
compensation for all services performed by Consultant prior to receipt of such notice of
termination, subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Consultant to
deliver to the City all work product(s) completed as of such date, and in such case
such work product shall be the property of the City unless prohibited by law, and
Consultant consents to the City's use thereof for such purposes as the City deems
appropriate.
b. Payment need not be made for work which fails to meet the standard of
performance specified in the Recitals of this Agreement.
18. NON-DISCRIMINATION
Consultant shall not discriminate because of race, color, creed, religion, sex, marital status,
sexual orientation, gender identity, gender expression, gender, medical conditions, genetic
information, or military and veteran status, age, national origin, ancestry, or disability, as defined
and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization,
promotion, termination or other employment related activities or any services provided under this
Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all
applicable federal, state and local laws and regulations.
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19. JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of California and the validity,
interpretation, performance, and enforcement of any of the clauses of this Agreement shall be
determined and governed by the laws of the State of California. Both parties further agree that
Orange County, California, shall be the venue for any action or proceeding that may be brought or
arise out of, in connection with or by reason of this Agreement.
20. PROFESSIONAL LICENSES
Consultant shall, throughout the term of this Agreement, maintain all necessary licenses,
permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder
and required by the laws and regulations of the United States, the State of California, the City of
Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and
in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and
exemptions. Said inability shall be cause for termination of this Agreement.
21. FUNDING -RELATED PROVISIONS
Funds from the Coronavirus State Fiscal Recovery Fund and/or the Coronavirus Local
Fiscal Recovery Fund, together known as the Coronavirus State and Local Fiscal Recovery Funds
("CSLFRF") program, will be used to fund all or a portion of this Agreement. As applicable,
Consultant shall comply with all federal requirements including, but not limited to, the following,
all of which are expressly incorporated herein by reference:
a. Sections 602 and 603 of the Social Security Act as added by Section 9901 of the
American Rescue Plan Act of 2021 (the "Act");
b. U.S. Department of the Treasury ("Treasury") Final Rule for the Act;
C. Treasury Compliance and Reporting Guidance for the Act;
d. 2 C.F.R. Part 200 — Uniform Administrative Requirements, Cost Principles, and
Audit Requirements for Federal Awards, other than such provisions as the U.S. Department of the
Treasury may determine are inapplicable to the CSLFRF program and subject to such exceptions
as may be otherwise provided by the U.S. Department of the Treasury;
e. Treasury Coronavirus Local Fiscal Recovery Fund Award Terms and Conditions;
and
f. Federal contract provisions attached hereto as Exhibit C and incorporated herein
by reference.
Subcontracts, if any, shall contain a provision making them subject to all of the provisions
stipulated in this Agreement. With respect to any conflict between such federal requirements and
the terms of this Agreement and/or the provisions of state law and except as otherwise required
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under federal law or regulation, the more stringent requirement shall control.
22. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the
power, authority and right to bind their respective parties to each of the terms of
this Agreement, and shall indemnify City fully, including reasonable costs and
attorney's fees, for any injuries or damages to City in the event that such authority
or power is not, in fact, held by the signatory or is withdrawn.
b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully
set forth in the body of this Agreement.
IN WITNESS WlIEREOF, the parties hereto have executed this Agreement the date and year first
above written.
City Clerk
APPROVED AS TO FORM:
SOMA R. CARVALHO
City Attorney
By. 1� 4 Cat ('L
Andrea Garcia -Miller
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
Michael Garcia
Executive Director
Community Development Agency
CITY OF SANTA ANA
Tom Hatch
Interim City Manager
CONSULTANT: AMERICA ON
TRACK
By: Claire Braeburn
Title: Executive Director
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EXHIBIT A
Scope of Work
CITY OF SANTA ANA
EXHIBIT I
SCOPE OF SERVICES
1. PROGRAM PRIORITIES
The City of Santa Ana is targeting at -risk youth in an effort to promote a proactive preventative
approach to addressing their concerns and the concerns of their families. The City desires to partner
with one or more organizations that will create a Gang Prevention and Intervention Program. This
program will provide multifaceted Gang Prevention & Intervention while offering Mental Health
resources and Trauma -Informed Care. Program design will be subject to and carried out in
accordance with established City standards and procedures. The core of the program should be direct
service to high -risk youth ages 10-24. Services should be built around the recognition that youth
engage in acting out behavior due to a breakdown in the effectiveness of traditional
family/school/community structures where they would normally fulfill needs for love, self-esteem,
personal meaning stability, and socialization.
A. Priorities and Obiectives:
In particular, the City is interested in furthering the following priority through this RFP:
1) Submit weekly statistics of service to the project manager.
2) Submit a monthly compilation of statistics to the project manager.
3) Create after -school activities for teens and incentives for participation.
4) Provide mental health resources.
5) Provide Trauma Counseling for at -risk youth and families who are suffering and have suffered
from gang -related trauma.
6) Provide individual and family counseling for gang -affiliated youths and those who were
recently incarcerated.
7) Provide Street Outreach and Engagement teams to build relationships with individuals
involved or affiliated with local gangs.
II. REVIVE SANTA ANA
a. Source of Funds
Funding for this program is through the American Rescue Plan Act's State and Local Fiscal
Recovery Fund (SLFRF), referred to as Revive Santa Ana. This funding supports a series of
COVID-19 recovery initiatives, including, food distributions, direct financial assistance to
residents, a variety of youth programs, and more.
b. Eligible Grantees
Eligible grantees are community -based organizations, nonprofit organizations, agencies, or
independent contractors; and have a valid 501(c)(3) or (4) designation from the IRS, or for -profit
Vendors or corporations, with proven capacities to develop and operate these types of
projects/programs.
c. Eligible Projects
Funds can be used to provide direct assistance to the youth and families of the City of Santa Ana
to increase and improve the public safety and public health of our residents.
City of Santa Ana RFP No. 23-090A Page 22 of 47
A. Relationship Building
Limited partnerships whose
eligible for Program funds.
B. Performance Monitoring
CITY OF SANTA ANA
general partners are otherwise eligible under the above are also
Grantee shall furnish all data, statements, records, information, and reports necessary for the
City to monitor, review and evaluate the performance of the Scope of Services and its
components. Grantee shall cooperate with the City in the conduct of any evaluation of
Grantee's Services. Grantee shall further cooperate to incorporate minor modifications that may
be discovered as necessary and appropriate as a result of feedback from the monitoring and
evaluation process. Grantee recognizes and agrees that an evaluation of the Scope of Services
may be completed after the expiration of the Term. The City shall have the right to request the
services of an outside agent to assist in any such evaluation. Such evaluation services shall be
paid for by the City.
Grantee shall submit regular Progress Reports regarding Grantee's performance and
compliance under this Agreement.
2. In addition to the Progress Reports required hereunder, Grantee shall participate in a client
result evaluation (the "Evaluation") for the Scope of Services encompassing the Grantee's
performance during the entire Term. The Evaluation will be conducted in accordance with
an Evaluation plan approved by the Manager. Grantee shall cooperate with the City in
the development of the Evaluation plan and in its implementation.
3. In the event funding for another cycle is appropriated in future fiscal years, Grantee
acknowledges and agrees that Grantee's future funding, if any, may be determined based
on participation results of the evaluation processes described in this Section. The City
shall use data in the evaluation of the Grantee's current performance and for the
development of future performance targets, consistent with the evaluation system.
4. The Manager or his/her designee shall monitor the Grantee's progress and performance
of this Agreement. All services agreed to be performed by Grantee shall be conducted as
set forth in this Section. The Parties agree that substantial involvement is expected
between the Manager and the Grantee when carrying out the Scope of Services.
5. Grantee's staff shall prioritize any referrals submitted by the Manager of the Homeless
Services Division or assigned staff, that pertain to the services provided by the Grantee
under the terms of the Agreement.
C. Wrap -Around Supportive Services
One of the most important elements of the Gang Prevention and Intervention Program is
ongoing supportive services that are "wrapped around" at -risk youth and their families.
Service provider's responsibilities in the course of this program shall include, but not be
limited to:
a. Performing outreach and intake of targeted individuals for participation in the
Program;
City of Santa Ana RFP No. 23-090A Page 23 of 47
CITY OF SANTA ANA
b. Assessing youth and their families to prescribe/refer to services;
c. Performing case management services for at -risk youth that will remove
barriers to the successful achievement of independent living skills, attainment
of employment skills, and greater self-determination;
Supportive Services are defined as services provided for the purpose of addressing
the tenants' condition of homelessness and enhancing the tenants' ability to maintain
independent living. Supportive services must address the special needs of the tenants to be
served. Typical services may include, but are not limited to:
a. Mental healthcare;
b. Trauma -Informed care
c. Advocacy and resource support and assistance such as
i. Temporary Assistance to Needy Families (TANF),
ii. General Assistance,
iii. Cal Fresh,
iv. Money management/payee services;
v. Nutritional counseling; and
vi. Assistance in obtaining other resources and support for at -risk youth
and their families such as clothing, and transportation, job training
and job placement.
These services must be be provided directly or by arrangement with other service providers.
D. Eligible Uses and Activities
Program funds can be used to enter into an Agreement with eligible organizations that will provide
the requested services.
E. Compliance with Federal and Local Regulations
All projects must comply with all applicable federal requirements contained in Exhibit III and 24
CFR 982, including, but not limited to, environmental review, labor and wage requirements,
debarred contractors, lead -based paint and equal opportunity. Awardees should note:
Contract Requirements: All work shall be completed by licensed contractors
Labor Standards: Contracts over $10,000 must comply with Equal Opportunity -Affirmative
Action requirements. All efforts shall be made to provide equal opportunity for employment without
discrimination as to race, marital status, sex, color, age, religion, national origin or ancestry, and
to seek out qualified local tradespeople for contracting and subcontracting bids.
Accessibility: All projects must comply with the federal Section 504 Disabled Accessibility
regulations contained in Sections 8.22 and 8.23 of Subpart C, 24 CFR Part 8.
F. Emplovement Opportunities to Santa Ana Residents
Vendor(s) shall solicit and advertise employment opportunities to Santa Ana residents. The City
shall inform the Vendor(s) of areas to publicize recruitment opportunities, such as the Santa Ana
WORK Center and community centers. Such effort and procedure will be provided to the City for
review.
City of Santa Ana RFP No. 23-090A Page 24 of 47
EXHIBIT B
Consultant's Scope of Work and Budget
City of Santa Ana REVIVE Scope of Work
Program Year 2023-2024 (October 1, 2023 - September 30, 2024)
Name of Organization America On Track
Name of Funded Program On Track for Gang Prevention
Annual Accomplishment Goal
Schedule of Performance
(estimated)
Quarter 1: OCT 1 - DEC 31
Quarter 2: JAN 1 - MAR 31
Quarter 3: APR 1 - JUN 30
Quarter 4: JUL 1 - SEP 30
Unduplicated
Participants
105
105
105
105
420
Program and Funding Description
contract period.
4201 Low Income Participant 100%
Estimated
Invoicing
$ 50,000.00
$
50,000.00
$
50,000.00
$
50,000.00
$
200,000.00
AOT will implement a Gang Prevention Services project with youth, ages 10 to 24, throughout the City of Santa Ana.
A comprehensive prevention approach, including a mix of evidence -based programs, policies, and practices that
address the gang prevention priorities, has been carefully reviewed and developed for our Gang Prevention Services
project.
Deterring gang involvement and providing pathways for healing and empowerment will be accomplished by
implementing the following multi -faceted services:
1) Weekly, year-round social justice youth leadership development, life skills, advocacy training and peer mentoring
sessions through our Emerging Leaders for Civic Engagement (ELCE) program;
2) Weekly, year-round comprehensive services for at -risk youth, including individualized mentoring, as well as healing
activities, such as STEAM workshops, yoga, or outdoor activities, and an annual College is For Me Too! summer camp,
as well as nutrition education and wraparound services for their guardians, with our Brighter Futures for Children of
Prisoners program;
3) Multi -week, evidence -based Botvin LifeSkills Training sessions for elementary, middle, and high school students in
the highest risk neighborhoods,
4) Multi -week, evidence -based CalFresh Health Living direct and indirect Nutrition Education classes for youth and
adults in the highest risk neighborhoods, and
5) Mental Health Services
a. Multi -week trauma counseling for at -risk youth and families who are/have suffered from gang -related trauma.
b. Multi -week individual and family counseling for gang -affiliated youth and those who were recently incarcerated.
Number of participants and/or sessions per program component for Year 1(October 2023 - September 2024):
Emerging Leaders for Civic Engagement (Total of 40 youth)
1) Recruit and train 20 high school students to participate as teen leaders in Santa Ana;
2) Recruit 20 elementary/middle school students in 4th, 5th and/or 6th grade in Santa Ana;
3) Serve a minimum of 40 youth through weekly 4.5-hour afterschool leadership sessions;
4) Provide 22 weekly leadership sessions between October 2023 and May 2024.
Brighter Fkutures for Children of Prisoners (Total of 125 participants)
1) Recruit 25 new Santa Ana children of prisoners and provide comprehensive services to them, to their guardians and
to their siblings, for a total of 100 Santa Ana residents served;
2) Recruit, train, screen and maintain adult mentors for a total of 25 individual mentors per year to be matched with
Santa Ana children.
Botvin LifeSkills Training (Total of 90 youth)
1) Conduct 8 weekly sessions for 1 Elementary Cohort of 30 students
2) Conduct 15 weekly sessions for 1 Middle School Cohort of 30 students
3) Conduct 10 weekly sessions for 1 High School Cohort of 30 students
CalFresh Healthy Living (Total of 150 participants)
1) Conduct multi -week nutrition education classes to 5 cohorts of youth and/or adult participants, for a total of 150
unduplicated partiipants.
Mental Health Services (Total of 15 individuals and/or families)
1) Offer multi -week individual and/or family trauma counseling, 8-12 sessions, for 15 at -risk youth and their families.
FISCAL YEAR 2023-2024
PROGRAM BUDGET
Organization Name America On Track
Program Name On Track for Gang Prevention
EXPENDITURES
Enter budget categories and projected expenditures for the proposed program:
Category
Expenditures
Funded By
Santa Ana
CDBG
Expenditures
Funded By
Other Sources
Program
Budget
Total
Organization
Budget
Administrative Staff Salaries
$24,765
$24,765
$ 85,000
Program Staff Salaries
$116,790
$116,790
$ 1,291,000
Contractual/Professional Services
$18,750
$ 11,800
$30,550
$ 283,700
Rent &Insurance
$7,043
$7,043
$ 135,799
Office Supplies & Communication
$0
$ 7,700
$7,700
$ 89,184
Program Materials & Supplies
$11,371
$ 21,740
$33,111
$ 300,395
Mileage
$0
$ 845
$845
$ 9,741
Mentor Screening & Training
$3,100
$3,100
0
$0
$0
0
$0
$0
TOTAL Direct Costs
$181,819
$42,085
$223,904
$2,194,819
Indirect Costs 10%
$18,182
$4,208.50
$22,390
TOTAL BUDGET
1 $200,000
$46,294
$246,2941
$2,194,819
* Indirect cost rate: 10% Non -Federal entity without federaly recognized negotiated indirect
cost rate, will charge a de minimis rate of 10% of modified total direct
costs.
PROGRAM RESOURCES
LIST ALL OTHER PROGRAM RESOURCES FOR 2023-2024
Funding Source Total must equal Program Budget Total listed above.
FUNDING SOURCE
AMOUNT
Santa Ana Gang Grant
$
200,000
Foundation Grants
$
25,000.00
Kids On Track Golf Fundraiser
$
21,294.00
TOTAL
1 $
246,294
2023-2024 REVIVE BUDGET LINE ITEMS
ADMINISTRATIVE STAFF
Position Title
Annual Salary
& Benefits
Revive Funds
Requested
Description
Project Administrator
$ 24,765
$ 24,765
PROGRAM STAFF
Position Title
Annual Salary
& Benefits
Revive Funds
Requested
Description
Program Coordinator
$ 44,450
$ 44,450
Health Educator
$ 63,500
$ 63,500
College Intern
$ 8,840
$ 8,840
CONTRACTUAL/PROFESSIONAL SERVICES
Type of Service
Contract
Am
Revive Funds
I Requested
Description
Evalutation Consultants
$ 11,800
$ -
Mosaic Mental Healh Group
$ 18,750
$ 18,750
OTHER LINE ITEMS
Line Item
Program
Amount
Revive Funds
Requested
Description
Rent & Insurance
$ 7,043
$ 7,043
Communication
$ 7,700
$ -
Program Materials & Supplies
$ 33,111
$ 11,371
Monthly STEAM Workshops, and Healing Activities for
Mileage
$ 845
$ -
Mentor Screening & Training
$ 3,100
$ 3,100
EXHIBIT C
FEDERAL CONTRACT PROVISIONS
During the performance of this Agreement, Consultant shall comply with all applicable federal
laws and regulations including, but not limited to, the federal contract provisions in this Exhibit.
1. REQUIRED CONTRACT PROVISIONS IN ACCORDANCE WITH APPENDIX II
TO PART 200 — CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY
CONTRACTS UNDER FEDERAL AWARDS (2 C.F.R. § 200.327)
(a) Appendix II to Part 200 (Appendix II to Part 200 (B): Remedies for Breach:
Termination for Cause/Convenience. The Contract Documents include remedies for breach and
termination for cause and convenience.
(b) Appendix II to Part 200 (C) — Equal Employment Opportunity If this Agreement
meets the definition of a "federal assisted construction contract" in 41 CFR § 60-1.3, Consultant
agrees as follows during the performance of this Agreement:
(i) The Consultant will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, sexual orientation, gender identity, or national
origin. The Consultant 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 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.
(ii) The Consultant will, 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, sexual orientation,
gender identity, or national origin.
(iii) The Consultant will not discharge or in any other manner discriminate
against any employee or applicant for 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 Consultant's legal duty to furnish information.
(iv) The Consultant 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 Consultant's
commitments under this section, and shall post copies of the notice in conspicuous places available
to employees and applicants for employment.
(v) The Consultant 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.
(vi) The Consultant 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.
(vii) In the event of the Consultant's noncompliance with the nondiscrimination
clauses of this Agreement or with any of the said rules, regulations, or orders, this Agreement 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 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.
(viii) The Consultant will include the portion of the sentence immediately
preceding paragraph (i) and the provisions of paragraphs (i) through (vii) 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 Consultant 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:
Provided, however, that in the event the Consultant becomes involved in, or is threatened with,
litigation with a subcontractor or vendor as a result of such direction by the administering agency,
the Consultant may request the United States to enter into such litigation to protect the interests of
the United States.
The City further agrees that it will be bound by the above equal opportunity clause with respect to
its own employment practices when it participates in federally assisted construction work:
Provided, That if the City so participating is a State or local government, the above equal
opportunity clause is not applicable to any agency, instrumentality or subdivision of such
government which does not participate in work on or under the Agreement.
The City agrees that it will assist and cooperate actively with the administering agency and the
Secretary of Labor in obtaining the compliance of the Consultant and subcontractors with the equal
opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it
will furnish the administering agency and the Secretary of Labor such information as they may
require for the supervision of such compliance, and that it will otherwise assist the administering
agency in the discharge of the agency's primary responsibility for securing compliance.
The City further agrees that it will refrain from entering into any contract or contract modification
subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who
has not demonstrated eligibility for, Government contracts and federally assisted construction
contracts pursuant to the Executive Order and will carry out such sanctions and penalties for
violation of the equal opportunity clause as may be imposed upon contractors and subcontractors
by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the
Executive Order. In addition, the City agrees that if it fails or refuses to comply with these
undertakings, the administering agency may take any or all of the following actions: cancel,
terminate, or suspend in whole or in part the grant (contract, loan, insurance, guarantee) for this
project; refrain from extending any further assistance to the applicant under the program with
respect to which the failure or refund occurred until satisfactory assurance of future compliance
has been received from such applicant; and refer the case to the Department of Justice for
appropriate legal proceedings.
(c) Appendix II to Part 200 (D) — Davis -Bacon Act: Not applicable to this Agreement
since it is funded by CSLFRF.
(d) Appendix II to Part 200 (D) — Copeland "Antti-Kickback" Act: Not applicable to
this Agreement since it is funded by CSLFRF.
(e) Appendix II to Part 200 (E) — Contract Work Hours and Safety Standards Act:
(i) Overtime Requirements. No contractor or subcontractor contracting for any
part of the contract work which may require or involve the employment of laborers or mechanics
shall require or permit any such laborer or mechanic in any workweek in which he or she is
employed on such work to work in excess of forty hours in such workweek unless such laborer or
mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay
for all hours worked in excess of forty hours in such workweek.
(ii) Violation; liability for unpaid wages; liquidated damages. In the event of
any violation of the clause set forth in paragraph (ii) of this section the Consultant and any
subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor
and subcontractor shall be liable to the United States (in the case of work done under contract for
the District of Columbia or a territory, to such District or to such territory), for liquidated damages.
Such liquidated damages shall be computed with respect to each individual laborer or mechanic,
including watchmen and guards, employed in violation of the clause set forth in paragraph (ii) of
this section, in the sum of $10 for each calendar day on which such individual was required or
permitted to work in excess of the standard workweek of forty hours without payment of the
overtime wages required by the clause set forth in paragraph (ii) of this section.
(iii) Withholding for unpaid wages and liquidated damages. The City shall upon
its own action or upon written request of an authorized representative of the Department of Labor
withhold or cause to be withheld, from any moneys payable on account of work performed by the
Consultant or subcontractor under any such contract or any other Federal contract with the
Consultant, or any other federally -assisted contract subject to the Contract Work Hours and Safety
Standards Act, which is held by the Consultant, such sums as may be determined to be necessary
to satisfy any liabilities of Consultant or subcontractor for unpaid wages and liquidated damages
as provided in the clause set forth in paragraph (iii) of this section.
(iv) Subcontracts. The Consultant or subcontractor shall insert in any
subcontracts the clauses set forth in paragraph (ii) through (v) of this Section and also a clause
requiring the subcontractors to include these clauses in any lower tier subcontracts. The Consultant
shall be responsible for compliance by any subcontractor or lower tier subcontractor with the
clauses set forth in paragraphs (ii) through (v) of this Section.
(f) Appendix II to Part 200 (F) — Rights to Inventions Made Under a Contract or
Agreement: If the Federal award meets the definition of "funding agreement' under 37 CFR §
401.2 (a) and the Consultant wishes to enter into a contract with a small business firm or nonprofit
organization regarding the substitution of parties, assignment or performance of experimental,
developmental, or research work under that "funding agreement," the Consultant must comply
with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations
and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,"
and any implementing regulations issued by the awarding agency..
(g) Appendix II to Part 200 (G) — Clean Air Act and Federal Water Pollution Control
Act:
(i) Pursuant to the Clean Air Act, (1) Consultant agrees to comply with all
applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42
U.S.C. § 7401 et seq., (2) Consultant agrees to report each violation to the City and understands
and agrees that the City will, in turn, report each violation as required to assure notification to the
Federal awarding agency and the appropriate Environmental Protection Agency Regional Office,
and (3) Consultant agrees to include these requirements in each subcontract exceeding $150,000.
(ii) Pursuant to the Federal Water Pollution Control Act, (1) Consultant agrees
to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water
Pollution Control Act, as amended, 33 U.S.C. 1251 et seq., (2) Consultant agrees to report each
violation to the City and understands and agrees that the City will, in turn, report each violation as
required to assure notification to the Federal awarding agency and the appropriate Environmental
Protection Agency Regional Office, and (3) Consultant agrees to include these requirements in
each subcontract exceeding $150,000.
(h) Appendix II to Part 200 (H) — Debarment and Suspension:
(i) This Agreement is a covered transaction for purposes of 2 C.F.R. pt. 180
and 2 C.F.R. pt. 3000. As such Consultant is required to verify that none of the Consultant, its
principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are
excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180,935).
(ii) Consultant must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt.
3000, subpart C and must include a requirement to comply with these regulations in any lower tier
covered transaction it enters into.
(iii) This certification is a material representation of fact relied upon by City. If
it is later determined that Consultant did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R.
pt. 3000, subpart C, in addition to remedies available to the City, the Federal Government may
pursue available remedies, including but not limited to suspension and/or debarment.
(iv) Consultant warrants that it is not debarred, suspended, or otherwise
excluded from or ineligible for participation in any federal programs. Consultant also agrees to
verify that all subcontractors performing work under this Agreement are not debarred, disqualified,
or otherwise prohibited from participation in accordance with the requirements above. Consultant
further agrees to notify the City in writing immediately if Consultant or its subcontractors are not
in compliance during the term of this Agreement.
(i) Appendix Il to Part 200 (I) — Byrd Anti -Lobbying Act: Consultants that apply or
bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the
tier above that it will not and has not used Federal appropriated funds to pay any person or
organization for influencing or attempting to influence an officer or employee of any agency, a
member of Congress, officer or employee of Congress, or an employee of a member of Congress
in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C.
1352. Each tier must also disclose any lobbying with non -Federal fiinds that takes place in
connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up
to the recipient who in turn will forward the certification(s) to the awarding agency.
6) Appendix II to Part 200 (J) — §200.323 Procurement of Recovered Materials:
(i) Consultant shall comply with section 6002 of the Solid Waste Disposal Act,
as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002
include procuring only items designated in guidelines of the Environmental Protection Agency
(EPA) at 40 C.F.R. part 247 that contain the highest percentage of recovered materials practicable,
consistent with maintaining a satisfactory level of competition, where the purchase price of the
item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year
exceeded $10,000; procuring solid waste management services in a manner that maximizes energy
and resource recovery; and establishing an affirmative procurement.
(ii) In the performance of this Agreement, the Consultant shall make maximum
use of products containing recovered materials that are EPA -designated items unless the product
cannot be acquired: competitively within a timeframe providing for compliance with the contract
performance schedule; meeting contract performance requirements; or at a reasonable price.
(iii) Information about this requirement, along with the list of EPA -designate
items, is available at EPA's Comprehensive Procurement Guidelines web site,
https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program.
(iv) The Consultant also agrees to comply with all other applicable requirements
of Section 6002 of the Solid Waste Disposal Act."
(k) Appendix II to Part 200 (K)§200.216 Prohibition on Certain
Telecommunications and Video Surveillance Services or Equipment:
(i) Consultant shall not 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 funded under this Agreement. As described in Public Law 115-232, section 889,
covered telecommunications equipment is telecommunications equipment produced by Huawei
Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities).
(1) 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
Corporation, Hangzhou Hilcvision Digital Technology Company, or Dahua Technology Company
(or any subsidiary or affiliate of such entities).
(2) Telecommunications or video surveillance services provided by
such entities or using such equipment.
(3) 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.
(ii) See Public Law 115-232, section 889 for additional information.
(1) Appendix II to Part 200 (L) — 5200.322 Domestic Preferences for Procurement:
(i) Consultant shall, to the greatest extent practicable, purchase, acquire, or use
goods, products, or materials produced in the United States (including but not limited to iron,
aluminum, steel, cement, and other manufactured products). The requirements of this section must
be included in all subcontracts.
(ii) For purposes of this section:
(1) "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.
(2) "Manufactured products" means items and construction materials
composed in whole or in part of nonferrous metals such as aluminum; plastics and polymer -based
products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical
fiber; and lumber.
2. CONTRACTING WITH SMALL AND MINORITY FIRMS, WOMEN'S
BUSINESS ENTERPRISE AND LABOR SURPLUS AREA FIRMS (2 C.F.R. § 200.321)
(a) Consultant shall be subject to 2 C.F.R. § 200.321 and will take affirmative steps to
assure that minority firms, women's business enterprises, and labor surplus area firms are used
when possible and will not be discriminated against on the grounds of race, color, religious creed,
sex, or national origin in consideration for an award.
(b) Affirmative steps shall include:
(i) Placing qualified small and minority businesses and women's business
enterprises on solicitation lists;
(ii) Assuring that small and minority businesses, and women's business
enterprises are solicited whenever they are potential sources;
(iii) Dividing total requirements, when economically feasible, into smaller tasks
or quantities to permit maximum participation by small and minority business, and women's
business enterprises;
(iv) Establishing delivery schedules, where the requirement permits, which
encourage participation by small and minority business, and women's business enterprises; and
(v) Using the services/assistance of the Small Business Administration (SBA),
and the Minority Business Development Agency (MBDA) of the Department of Commerce.
(c) Consultant shall submit evidence of compliance with the foregoing affirmative
steps when requested by the City.
3. COMPLIANCE WITH U.S. DEPARTMENT OF THE TREASURY
CORONAVIRUS LOCAL FISCAL RECOVERY FUND AWARD TERMS AND
CONDITIONS
(a) Maintenance of and Access to Records. Consultant shall maintain records and
financial documents sufficient to evidence compliance with section 603(c) of the Act, Treasury's
regulations implementing that section, and guidance issued by Treasury regarding the foregoing.
Consultant agrees to provide the City, Treasury Office of Inspector General and the Government
Accountability Office, or any of their authorized representatives access to any books, documents,
papers, and records (electronic an otherwise) of the Consultant which are directly pertinent to this
Agreement for the purposes of conducting audits or other investigations. Records shall be
maintained by Consultant for a period of five (5) years after completion of the Project.
(b) Compliance with Federal Regulations. Consultant agrees to comply with the
requirements of section 603 of the Act, regulations adopted by Treasury pursuant to section 603(f)
of the Act, and guidance issued by Treasury regarding the foregoing. Consultant also agrees to
comply with all other applicable federal statutes, regulations, and executive orders, including,
without limitation, the following:
(i) Universal Identifier and System for Award Management (SAM), 2 C.F.R.
Part 25, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 25 is hereby
incorporated by reference.
(ii) Reporting Subaward and Executive Compensation Information, 2 C.F.R.
Part 170, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 170 is hereby
incorporated by reference.
(iii) OMB Guidelines to Agencies on Governmentwide Debarment and
Suspension (Nonprocurement), 2 C.F.R. Part 180, including the requirement to include a term or
condition in all lower tier covered transactions (contracts and subcontracts described in 2 C.F.R.
Part 180, subpart B) that the award is subject to 2 C.F.R. Part 180 and Treasury's implementing
regulation at 31 C.F.R. Part 19.
(iv) Recipient Integrity and Performance Matters, pursuant to which the award
term set forth in 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated by reference.
20.
(v) Governmentwide Requirements for Drug -Free Workplace, 31 C.F.R. Part
(vi) New Restrictions on Lobbying, 31 C.F.R. Part 21.
(vii) Uniform Relocation Assistance and Real Property Acquisitions Act of 1970
(42 U.S.C. §§ 4601-4655) and implementing regulations.
(c) Compliance with Federal Statutes and Regulations Prohibiting Discrimination.
Consultant agrees to comply with statutes and regulations prohibiting discrimination applicable to
the CSLFRF program including, without limitation, the following:
(i) Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and
Treasury's implementing regulations at 31 C.F.R. Part 22, which prohibit discrimination on the
basis of race, color, or national origin under programs or activities receiving federal financial
assistance.
(ii) The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C.
§§ 3601 et seq.), which prohibits discrimination in housing on the basis of race, color, religion,
national origin, sex, familial status, or disability.
(iii) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §
794), which prohibits discrimination on the basis of disability under any program or activity
receiving federal financial assistance.
(iv) The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et
seq.), and Treasury's implementing regulations at 31 C.F.R. Part 23, which prohibit discrimination
on the basis of age in programs or activities receiving federal financial assistance.
(v) Title II of the Americans with Disabilities Act of 1990, as amended (42
U.S.C. §§ 12101 et seq.), which prohibits discrimination on the basis of disability under programs,
activities, and services provided or made available by state and local governments or
instrumentalities or agencies thereto.
(d) False Statements. Consultant understands that making false statements or claims
in connection with the CSLFRF program is a violation of federal law and may result in criminal,
civil, or administrative sanctions, including fines, imprisonment, civil damages and penalties,
debarment from participating in federal awards or contracts, and/or any other remedy available by
law.
(e) Protections for Whistleblowers.
(i) In accordance with 41 U.S.C. § 4712, Consultant may not discharge,
demote, or otherwise discriminate against an employee in reprisal for disclosing to any of the list
of persons or entities provided below, information that the employee reasonably believes is
evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds, an
abuse of authority relating to a federal contract or grant, a substantial and specific danger to public
health or safety, or a violation of law, rule, or regulation related to a federal contract (including the
competition for or negotiation of a contract) or grant.
(ii) The list of persons and entities referenced in the paragraph above includes
the following:
Congress;
management;
enforcement agency;
(1) A member of Congress or a representative of a committee of
(2) An Inspector General;
(3) The Government Accountability Office;
(4) A Treasury employee responsible for contract or grant oversight or
(5) An authorized official of the Department of Justice or other law
(6) A court or grand jury; or
(7) A management official or other employee of Consultant, or a
subcontractor who has the responsibility to investigate, discover, or address misconduct.
(t) Increasing Seat Belt Use in the United States. Pursuant to Executive Order t 3043,
62 FR 19217 (Apr. 18, 1997), Consultant is encouraged to adopt and enforce on-the-job seat belt
policies and programs for their employees when operating company -owned, rented or personally
owned vehicles, and encourage its subcontractors to do the same
(g) Reducing Text Messaging While Driving. Pursuant to Executive Order 13513, 74
FR 51225 (Oct. 6, 2009), Consultant should encourage its employees and subcontractors to adopt
and enforce policies that ban text messaging while driving, and Consultant should establish
workplace safety policies to decrease accidents caused by distracted drivers.
(h) Assurances of Compliance with Civil Rights Requirements. The Civil Rights
Restoration Act of 1987 provides that the provisions of this assurance apply to the Project,
including, but not limited to, the following:
(i) Consultant ensures its current and future compliance with Title VI of the
Civil Rights Act of 1964, as amended, which prohibits exclusion from participation, denial of the
benefits of, or subjection to discrimination under programs and activities receiving federal funds,
of any person in the United States on the ground of race, color, or national origin (42 U.S.C. §
2000d et seq.), as implemented by the Department of the Treasury Title VI regulations at 31 CFR
Part 22 and other pertinent executive orders such as Executive Order 13166; directives; circulars;
policies; memoranda and/or guidance documents.
(ii) Consultant acknowledges that Executive Order 13166, "Improving Access
to Services for Persons with Limited English Proficiency (LEP)," seeks to improve access to
federally assisted programs and activities for individuals who, because of national origin, are
limited in their English proficiency. Consultant understands that the denial of access to persons to
its programs, services and activities because of their limited proficiency in English is a form of
national origin discrimination prohibited under Title VI of the Civil Rights Act of 1964.
Accordingly, Consultant shall initiate reasonable steps, or comply with Treasury's directives, to
ensure meaningful access to its programs, services and activities to LET persons. Consultant
understands and agrees that meaningful access may entail providing language assistance services,
including oral interpretation and written translation where necessary to ensure effective
communication in the Project.
(iii) Consultant agrees to consider the need for language services for LEP
persons during development of applicable budgets and when conducting programs, services and
activities. As a resource, the Department of the Treasury has published its LEP guidance at 70 FR
6067. For more information on LEP, please visit http://www.lep.gov.
(iv) Consultant acknowledges and agrees that compliance with this assurance
constitutes a condition of continued receipt of federal financial assistance and is binding upon
Consultant and Consultant's successors, transferees and assignees for the period in which such
assistance is provided.
(v) Consultant agrees to incorporate the following language in every contract
or agreement subject to Title VI and its regulations between the Consultant and the Consultant's
subcontractors, successors, transferees and assignees:
The subcontractor, successor, transferee and assignee shall comply with Title VI of the
Civil Rights Act of 1964, which prohibits recipients offederal financial assistance from excluding
,from a program or activity, denying benefits of, or otherwise discriminating against a person on
the basis of race, color, or national origin (42 U.S.C. § 2000d et seq), as implemented by
Department of the Treasury Title VI regulations, 31 CER Part 22, which are herein incorporated
by reference and made a part of this contract (or agreement). Title VI also extends protection to
persons with "Limited English proficiency" in any program or activity receiving federal f nancial
assistance, 42 U.S.0 § 2000d et seq., as implemented by Department of the Treasury Title VI
regulations, 31 CER Part 22, which are herein incorporated by reference and made apart of this
contract (or agreement)
(vi) Consultant understands and agrees that if any real property or structure is
provided or improved with the aid of federal financial assistance by the Department of the
Treasury, this assurance obligates the Consultant, or in the case of a subsequent transfer, the
transferee, for the period during which the real property or structure is used for a purpose for which
the federal financial assistance is extended or for another purpose involving the provision of
similar services or benefits. If any personal property is provided, this assurance obligates the
Consultant for the period during which it retains ownership or possession of the property.
(vii) Consultant shall cooperate in any enforcement or compliance review
activities by the Department of the Treasury of the aforementioned obligations. Enforcement may
include investigation, arbitration, mediation, litigation, and monitoring of any settlement
agreements that may result from these actions. Consultant shall comply with information requests,
on -site compliance reviews, and reporting requirements.
(viii) Consultant shall maintain a complaint log and inform the Department of the
Treasury of any accusations of discrimination on the grounds of race, color, or national origin, and
limited English proficiency covered by Title VI of the Civil Rights Act of 1964 and implementing
regulations and provide, upon request, a list of all such reviews or proceedings based on the
complaint, pending or completed, including outcome. Consultant must also inform the Department
of the Treasury if Consultant has received no complaints under Title VI.
(ix) Consultant must provide documentation of an administrative agency's or
court's findings of non-compliance of Title VI and efforts to address the non-compliance,
including any voluntary compliance or other agreements between the Consultant and the
administrative agency that made the finding. If the Consultant settles a case or matter alleging
such discrimination, Consultant must provide documentation of the settlement. If Consultant has
not been the subject of any court or administrative agency finding of discrimination, please so
state.
(x) If Consultant makes sub -awards to other agencies or other entities,
Consultant is responsible for assuring that sub -recipients also comply with Title VI and all of the
applicable authorities covered in this assurance.
NOTICE OF COMPLIANCE
CITY STAFF: PRINT THIS PAGE AND INCLUDE WITH AGREEMENT TO THE CLERK OF THE COUNCIL
Contractor America On Track
Name:
Project TBD (006)
Number:
Project Agreement Between America On Track And City Of Santa Ana
Name: For Gang Prevention And Intervention Program Services
The Certificate of Insurance (COI) submitted indicates that the coverages are in
compliance with the insurance requirements. No further action is required at this time.
The compliant coverage(s) are:
TYPE OF INSURANCE
POLICY
EXPIRATIONNUMBER
COI DATE
FILE NAME
DATE
23-24 America
AUTOMOBILE LIABILITY
202306180
09/01/2024
08/24/2023
On Track COI -
City of Santa
Ana.pdf
23-24 America
GENERAL LIABILITY
202306180
09/01/2024
08/24/2023
On Track COI
City of Santa
Ana.pdf
23-24 America
SERVICE PROFESSIONAL LIABILITY
202306180
09/01/2024
08/24/2023
On Track COI -
City of Santa
Ana.pdf
WORKERS COMPENSATION AND
93304922023
01/01/2024
08/24/2023
COI - America
EMPLOYERS' LIABILITY
on Track. pdf
Thank you,
City of Santa Ana
Risk Management Division
in partnership with
CTrax Plus Services Team
11/21/2023 11:36 AM
NOTICE OF COMPLIANCE
CITY STAFF: PRINT THIS PAGE AND INCLUDE WITH AGREEMENT TO THE CLERK OF THE COUNCIL
Contractor
America On Track
Name:
Project
A-2023-191
Number:
Project Agreement Between America On Track And City Of Santa Ana
Name: For Gang Prevention And Intervention Program Services
The Certificate of Insurance (COI) submitted indicates that the coverages comply
with the insurance requirements.
The compliant coverage(s) are:
POLICY EXPIRATION
TYPE OF INSURANCE COI DATE FILE NAME
NUMBER DATE
23-24 America On Track
AUTOMOBILE LIABILITY 202306180 09/01/2024 08/24/2023 COI - City of Santa
Ana.pdf
23-24 America On Track
GENERAL LIABILITY 202306180 09/01/2024 08/24/2023 COI - City of Santa
Ana.pdf
23-24 America On Track
SERVICE PROFESSIONAL LIABILITY 202306180 09/01/2024 08/24/2023 COI - City of Santa
Ana.pdf
WORKERS COMPENSATION AND ACORD Form 20240102-
93304922024 01/01/2025 01/02/2024
EMPLOYERS' LIABILITY 083318.pdf
No further action is required at this time.
Thank you,
City of Santa Ana
Risk Management Division
in partnership with
CTrax Plus Services Team
1/16/2024 7:57 PM