Loading...
HomeMy WebLinkAboutORANGE COUNTY FAIR HOUSING COUNCIL INC. (2)City of Santa Ana Clerk of the Council �� 1 AGREEMENT TERMINATION FORM 1 Please complete this form in its entirety when the attached agreement and all amendments (if any) are no longer in effect. Note: If your agreement is grant related, please ensure that all grant retention requirements have been satisfied prior to signing the termination form. / Is the agreement(s) a permanent record? Yes— No Return form to the Clerk of the Council Office (M-30). Call 647-1520 if you have any questions. The agreement with No A-2020-042-02 (List COTC Office Use On]v APA GITY CLERK was completed on % and final payment has been made. ce below ff needed.) Department: Phone/Ext.:� I Signature: Date: - ✓ �� ilagreements`dormOorm - agreement termination form goldenrod doc INSURANC ON FILE evO~� WORK MAY EPROCEED UN lIL INSURANCE EXPIRES CLERK OF COUNCIL PATE AGREEMENT BETWEEN THE CITY OF SANTA ANA AND 0 : CbAt k]( Q'L�,C�ORANGE COUNTY FAIR HOUSING COUNCIL, INC. FOR USE OF �los.-5 iii������ COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS A-2020-042-02 This Agreement is hereby made and entered into this i st day of July, 2020, by and between the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("CITY"), and Orange County Fair Housing Council, -Inc. a California nonprofit corporation ("SUBRECIPIENT"). RECITALS: A. The CITY, as an entitlement recipient and grantee of the United States Department of Housing and Urban Development ("HUD") Community Development Block Grant ("CDBG") Entitlement Program, Catalog of Federal Domestic Assistance (CFDA) Number 14.218, and Federal Award Identification Number (FAIN) B-20-MC-06-0508, desires to enter into this Agreement with the SUBRECIPIENT for the expenditure of CDBG funds in accordance with Title 24, Part 570 of Code of Federal Regulations 24 CFR 570.000, et seq. ("CDBG REGS'). B. CITY has applied for and received CDBG funds from HUD pursuant to Title I of the Housing and Community Development Act of 1974, Public Law 93-383, as amended ("ACT"). C. The SUBRECIPIENT is a private nonprofit corporation that has been selected by the CITY to receive CDBG funds and administer such financial assistance; and to provide the services described in Exhibit A, in accordance with the Schedule of Performance included therein, hereinafter referred to as "said program". SUBRECIPIENT represents that it is qualified and willing to operate said program and certifies that the activities carried out with funds provided under this Agreement will meet one or more of the CDBG program's National Objectives (24 CFR Part 570.208). D. SUBRECIPIENT agrees that it will adhere to the performance measurements and outcomes as indicated on Exhibit A (Schedule of Performance). Failure to follow the measurements and meet the stated outcomes may constitute breach of contract that could result in termination of this Agreement or serve as reason for the City to recapture the grant funds awarded to SUBRECIPIENT pursuant to this Agreement. WHEREFORE, it is agreed by and between the parties that the foregoing Recitals are a substantive part of this Agreement and the following terms and conditions are approved and together with all exhibits and attachments hereto, shall constitute the entire Agreement between the CITY and SUBRECIPIENT: I. SUBRECH'IENT'S OBLIGATIONS A. Nonprofit Status - Representations and Warranties. (a) Authority. SUBRECIPIENT is a duly organized and existing nonprofit corporation in good standing and authorized to do business under the laws of the State of California. SUBRECIPIENT has full right, power and lawful authority to accept the funding hereunder and to undertake all obligations as provided herein and the execution, performance and delivery of this Agreement by SUBRECIPIENT has been fully authorized by all requisite actions on the part of SUBRECIPIENT. (b) Experience. SUBRECIPIENT is a qualified provider of the services to be provided hereunder. (c) Familiarity With Services Required. By executing this Agreement, SUBRECIPIENT warrants that (i) it has thoroughly investigated and considered the services to be performed and provided hereunder, (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. (d) No Conflict. To the best of SUBRECIPIENT'S knowledge, SUBRECIPIENT'S execution, delivery and performance of its obligations under this Agreement will not constitute a default or a breach under any contract, agreement or order to which SUBRECIPIENT is a party or by which it is bound. (e) No Bankruptcy. SUBRECIPIENT is not the subject of any current or threatened bankruptcy proceeding. (f) No Pending Legal Proceedings. SUBRECIPIENT is not the subject of a current or threatened litigation that would or may materially affect SUBRECIPIENT'S performance under this Agreement. (g) Application Veracity. All provisions of and information provided in SUBRECIPIENT'S application for funding submitted to CITY, including any exhibits, are true and correct in all material respects. (h) No Pending Investigation. SUBRECIPIENT has no knowledge that it is the subject of any current or threatened criminal or civil action investigation by any public agency, including without limitation a police agency or prosecuting authority, that would relate to or affect performance of the Agreement or provision of services hereunder. B. Amount of Grant/Term and Quarterly Disbursement. The amount granted to SUBRECIPIENT is $60,000 ("CDBG FUNDS"), for the one-year term from July 1, 2020 through June 30, 2021 for the program named: Santa Ana Fair Housing Education, Counseling and Enforcement. Such funds shall be expended by SUBRECIPIENT on or before June 30, 2021 The Term of this Agreement may be extended by a writing executed by the City Manager, or his or her designee, and the City Attorney. The CDBG FUNDS shall be disbursed by CITY to SUBRECIPIENT on a quarterly basis subject to and upon receipt and approval of a complete quarterly activity report from SUBRECIPIENT, with the final payment subject to the satisfaction of the condition precedent of submittal of complete reporting information due on or before July 15 of the applicable funding year, as hereinafter more fully set forth. SUBRECIPIENT shall be obligated to perform such duties as would normally extend beyond the term, including, but not limited to, obligations with respect to indemnification, audits, reporting, data retention/reporting, and accounting. Failure to provide any of the required documentation and reporting will cause CITY to withhold all or a portion of a request for reimbursement, or return the entire reimbursement package to SUBRECIPIENT, until such documentation and reporting has been received and approved by CITY. The CITY reserves the right to reduce the amount of CDBG FUNDS to SUBRECIPIENT, or to completely terminate this Agreement, in the CITY's sole discretion, if there is a reduction in CDBG FUNDS provided to the CITY for program year 2021-2021. The CITY reserves the right to reduce the grant application if the CITY.'s fiscal monitoring indicates that SUBRECIPIENT's rate of expenditure will result in unspent funds at the end of the program years. Amendments in the grant allocation will be made after consultation with SUBRECIPIENT. C. Use of Funds. SUBRECIPIENT agrees to use all federal funds provided by CITY to SUBRECIPIENT pursuant to this Agreement to operate said program, as set forth in "Exhibit A," attached hereto and by this reference incorporated herein. SUBRECIPIENT'S failure to perform as required may, in addition to other remedies set forth in this Agreement, result in readjustment of the amount of funds CITY is otherwise obligated to pay to SUBRECIPIENT hereunder. D. Allowable Costs. SUBRECIPIENT agrees to complete said program on or before June 30, 2021, and to use said funds to pay for necessary and reasonable costs allowable under the federal law and regulations to operate said program. Said amounts shall include, but not be limited to, wages, administrative costs, and employee benefits comparable to other similarly situated employees, and indirect costs. Other allowable program costs are detailed in the budget, as set forth in "Exhibit B," attached hereto and by this reference incorporated herein. SUBRECIPIENT shall use all income received from said funds only for the same purposes for which said funds may be expended pursuant to the terms and conditions of this Agreement. SUBRECIPIENT has the ability to adjust line item amounts in the budget with the written approval of the CITY's Executive Director of the Community Development Agency, or designee, so long as the total budget amount does not increase. Pursuant to 2 CFR §200.331(a)(4), the Indirect Cost Rate for the SUBRECIPIENT's award shall be an approved federally recognized indirect cost rate negotiated between the SUBRECIPIENT and the Federal government, or, if no such rate exists, the de minimis indirect cost rate as defined in 2 CFR §200.414(b) Indirect (F&A) costs. For this agreement, the de minimis indirect cost rate of 10% will apply. E. Licensing. SUBRECIPIENT agrees to obtain and maintain all required licenses, registrations, accreditation and inspections from all agencies governing its operations. SUBRECIPIENT shall ensure that its staff shall also obtain and maintain all required licenses, registrations, accreditation and inspections from all agencies governing SUBRECIPIENT's operations hereunder. Such licensing requirements include obtaining a City business license, as applicable. F. Zoning. SUBRECIPIENT agrees that any facility/property used in furtherance of said program shall be specifically zoned and permitted for such use(s) and activity(ies). Should SUBRECIPIENT fail to have the required land entitlement and/or permits, thus violating any local, state or federal rules and regulations relating thereto, SUBRECIPIENT shall immediately make 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. SUBRECIPIENT shall notify CITY immediately of any pending violations. Failure to notify CITY of pending violations, or to remedy such known violation(s) shall result in termination of grant funding hereunder. SUBRECIPIENT must make all corrections required to bring the facility/property into compliance with the law within sixty (60) days of notification of the violation(s); failure to gain compliance within such time shall result in termination of grant funding hereunder. G. Separation of Accounts. All funds received by SUBRECIPIENT from CITY pursuant to this Agreement shall be maintained in an account in a federally insured banking or savings and loan institution with record keeping of such accounts maintained pursuant to applicable 2 CFR 200.302 requirements. SUBRECIPIENT is not required to maintain separate depository accounts for CDBG FUNDS; provided however, the SUBRECIPIENT must be able to account for receipt, obligation and expenditure of CDBG FUNDS pursuant to applicable 2 CFR 200.302 requirements. H. Audit Report Requirements. SUBRECIPIENT agrees that if SUBRECIPIENT expends Seven Hundred Fifty Thousand Dollars ($750,000) or more in federal funds, SUBRECIPIENT shall have an annual audit conducted by a certified public accountant in accordance with the standards as set forth and published by the United States Office of Management and Budget. SUBRECIPIENT shall provide CITY with a copy of said audit by April 1 of the year following the program year in which this Agreement is executed. I. Record Keepin eporting. SUBRECIPIENT shall keep and maintain complete and adequate records and reports on program participants to determine their initial and continuing eligibility for the program services being provided to assist CITY in meeting and maintaining its record keeping responsibilities under the CDBG REGS, including the following: (1) Records a. Documentation evidencing program income requirements in conformity with 24 CFR 570.504(b((2)(i), (ii) and 24 CFR 570.503(b)(3) and 24 CFR 570.208(a)(2)(B) of the income level of persons and/or families participating in or benefiting by the SUBRECIPIENT program, b. Documentation of the number of persons and/or families participating in or benefiting by the SUBRECIPIENT program. c. Household information shall include number of persons, identification of head of household, race/ethnicity, and income verification of all household members ages 18 and over. d. Documentation of all CDBG FUNDS received from CITY. e. Documentation of expenses as identified in the Budget Proposal, including evidence of incurring the expense, invoices for goods or services, copies of any and all contracts or documentation pertaining to costs for subcontractors, plus all other invoices and proof of payment for which CDBG FUNDS were expended, and any payments therefor. f. Any such other related records as CITY shall reasonably require or as required to be maintained pursuant to the CDBG REGS. (2) Reports a. Payment Request. Concurrently with the submittal of each quarterly report, on or before the 15th day of October, January, April and July, SUBRECIPIENT shall submit both: an original invoice/request for reimbursement and true copies of invoices, receipts, canceled checks, bank statements, credit card statements, procurement documentation for goods or services, timesheets, payroll records, benefit statements, agreements, contracts or documentation pertaining to costs for subcontractors, and/or other documentation supporting and evidencing how the CDBG FUNDS have been expended during the applicable quarter. b. Quarterly Progress Report. SUBRECIPIENT agrees to keep records of all ethnic and racial statistics of persons and families benefited by SUBRECIPIENT in the performance of its obligations under this Agreement, including, but not limited to, the number of low and moderate income persons and households assisted in accordance with federal income limits, the number of female heads of households assisted, new program information and year-to-date program statistics on expenditures, caseload and activities. Failure to provide any of the required documentation and reporting will cause CITY to withhold all or a portion of a request for reimbursement, or return the entire reimbursement package to SUBRECIPIENT, until such documentation and reporting has been received and approved by CITY. J. Access to Records. CITY and the United States Government and their representatives or auditors shall have access for purposes of monitoring, auditing, and examining SUBRECIPIENT's activities and performance, to books, documents and papers, and the right to examine records of SUBRECIPIENT's subcontractors, bookkeepers and accountants, employees and participants in regard to said program. CITY and the United States Government and their representatives or auditors shall also schedule on -site monitoring at their discretion. Monitoring activities may also include, but are not limited to, questioning employees and participants in said program and entering any premises or any site in which any of the services or activities. funded hereunder is conducted or in which any of the records of SUBRECIPIENT are kept. Nothing herein shall be construed to require access to any privileged or confidential information as set forth in federal or state law. K. Location of Records/Required Length of Record Keeping. All accounting records, reports, and evidence pertaining to all costs, expenses and the CDBG FUNDS of SUBRECIPIENT and all documents related to this Agreement shall be maintained and kept available at SUBRECIPIENT'S office or place of business for the duration of the Agreement and thereafter for five (5) years from the date of final payment under this Agreement. Records which relate to (a) complaints, claims, administrative proceedings or litigation arising out of the performance of this Agreement, or (b) costs and expenses of this Agreement to which CITY or any other governmental agency takes exception, shall be retained beyond the five (5) years until complete resolution or disposition of such appeals, litigation claims, or exceptions. In the event SUBRECIPIENT does not make the above -referenced documents available within the city of Santa Ana, California, SUBRECIPIENT agrees to pay all necessary and reasonable expenses incurred by CITY in conducting any audit at the location where said records and books of account are maintained. L. Compliance with Law/Program Income. SUBRECIPIENT acknowledges that the funds being provided by CITY for said program are received by CITY pursuant to the ACT as amended and that expenditures of these funds shall be in accordance with the ACT 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. Program income received by SUBRECIPIENT shall be returned to CITY unless otherwise provided for in this Agreement. SUBRECIPIENT agrees to comply fully with all federal, state and local laws and court orders applicable to its operation whether or not referred to in this Agreement. M. Debarment. To protect the public interest and ensure the integrity of Federal programs, CITY may only conduct business with responsible persons and may not make any award or permit any award to any party which is debarred or suspended or is otherwise excluded from or ineligible for participation in Federal assistance programs under Executive Order 12549, "Debarment and Suspension", See also 24 CFR 570.609. SUBRECIPIENT must review and sign Exhibit C "Debarment", which is attached hereto and incorporated herein by this reference. SUBRECIPIENT shall be in good standing, without suspension by the California Secretary of State, Franchise Tax Board and Internal Revenue Service. Any change in the corporate status or suspension of SUBRECIPIENT shall be reported immediately to CITY. N. Confidentiality. Without prejudice to any other provisions of this Agreement, SUBRECIPIENT shall, where applicable, maintain the confidential nature of information provided to it concerning participants in accordance with the requirements of federal and state law. However, SUBRECIPIENT shall submit to CITY and or HUD or its representatives, all records requested, including audit, examinations, monitoring and verifications of reports submitted by SUBRECIPIENT, costs incurred and services rendered hereunder. O. Independent Contractor. SUBRECIPIENT agrees that the performance of obligations hereunder is rendered in its capacity as an independent contractor and that it is in no way an agency of CITY. W1 P. Violation of Terms and Conditions. SUBRECIPIENT agrees that if SUBRECIPIENT violates any of the terms and conditions of this Agreement or any prior Agreement whereby CDBG funds were received by SUBRECIPIENT, or if SUBRECIPIENT reports inaccurately, or if on audit there is a disallowance of certain expenditures, SUBRECIPIENT agrees to remedy the acts or omissions causing the disallowance and repay CITY all amounts spent in violation thereof If SUBRECIPIENT engaged in fraudulent activity to obtain and/or justify expenditure of the CDBG funds granted hereunder, SUBRECIPIENT shall be required to reimburse the CFfY of all such funds that were obtained and/or spent under fraudulent circumstances. Q. Equipment. SUBRECIPIENT agrees to maintain a record for each item of non -expendable personal property acquired under the terms of this Agreement. Said record shall be made available to CITY upon request. The term "non -expendable personal property" shall include leased and purchased equipment. R. Prohibited Use. SUBRECIPIENT hereby certifies and agrees that it will not use fiords provided through this Agreement to pay for entertainment, meals or gifts, or other prohibited uses. S. Lobbvin¢. SUBRECIPIENT certifies that it will comply with federal law (31 U.S.C. 1352) and regulations found at 24 CFR Part 87, which provide that no appropriated funds may be expended by the recipient of a federal contract, grant, loan or cooperative agreement to pay any person for influencing or attempting to influence an officer or employee of any agency, Member of Congress, or an officer or employee of a Member of Congress in connection with awarding of any federal contract, the making of any federal grant or loan, entering into any cooperative agreement and the extension, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. SUBRECIPIENT shall sign a certification to that effect in a form as set forth in "Exhibit D," attached hereto and by this reference incorporated herein. SUBRECIPIEN r shall submit said signed certification to CITY prior to performing any of its obligations under this Agreement and prior to any obligation arising on the part of CITY to pay any sums to SUBRECIPIENT under the terms and conditions of this Agreement. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit a "Disclosure Form to Report Lobbying," in accordance with its instructions (Exhibit D). SUBRECIPIENT shall require that the language of this certification be included in the award documents for all sub -awards at all tiers (including subcontractors, sub -grants, and contracts under grants, loans, and cooperative agreements), and agrees to take all actions necessary to ensure that all subrecipients shall similarly certify and disclose accordingly. T. Financial Interest. SUBRECIPIENT agrees that except for the use of CDBG funds to pay salaries and other related administrative or personnel costs, no persons who exercise or have exercised any function with respect to CDBG activities assisted 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 such activities, may obtain a financial interest or benefit from a CDBG-assisted activity of SUBRECIPIENT, either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter. This prohibition applies to any person who is an employee, agent, consultant, officer, or elected or appointed official of CITY, or of any designated public agency, or the SUBRECIPIENT. U. Labor Standards. The SUBRECIPIENT agrees to comply with the requirements of the Secretary of Labor in accordance with the Davis -Bacon Act as amended, the provisions of Contract Work 10 Hours and Safety Standards Act (40 U.S.C. 327 et seq.) and all other applicable Federal, state and local laws and regulations pertaining to labor standards insofar as those acts apply to the performance of this Agreement. The SUBRECIPIENT agrees to comply with the Copeland Anti -Kick Back Act (18 U.S.C. 874 et seq.) and its implementing regulations of the U.S. Department of Labor at 29 CFR Part 5. The SUBRECIPIENT shall maintain documentation that demonstrates compliance with hour and wage requirements of this part. Such documentation shall be made available to the CITY for review upon request. SUBRECIPIENT agrees that, except with respect to the rehabilitation or construction of residential property containing less than eight (8) units, all contractors engaged under contracts in excess of $2,000.00 for construction, renovation or repair work financed in whole or in part with assistance provided under this contract, shall comply with Federal requirements adopted by the CITY pertaining to such contracts and with the applicable requirements of the regulations of the Department of Labor, under 29 CFR Parts 1, 3, 5 and 7 governing the payment of wages and ratio of apprentices and trainees to journey workers; provided that, if wage rates higher than those required under the regulations are imposed by state or local law, nothing hereunder is intended to relieve the SUBRECIPIENT of its obligation, if any, to require payment of the higher wage. The SUBRECIPIENT shall cause or require to be inserted in full, in all such contracts subject to such regulations, provisions meeting the requirements of this paragraph. V. Section 3 of the Housing and Urban Development Act of 1968. SUBRECIPIENT will make every effort to provide training opportunities for low -and moderate -income persons residing within the community where the construction project is located and contracts awarded to local businesses therein to the greatest extent feasible as required under the provisions of Section 3 of the Housing and Urban Development Act of 1968, the regulations set forth in 24 CFR 135, and all applicable rules and orders issued hereunder prior to the execution of this Agreement. Compliance with the foregoing requirements shall be a condition of the federal financial assistance provided under this Agreement and binding on the SUBRECIPIENT. Failure to fulfill these requirements shall subject the SUBRECIPIENT, its successors and designees, to those sanctions specified by the Agreement through which federal assistance is provided. The SUBRECIPIENT certifies and agrees that no contractual or other disability exists which would prevent compliance with these requirements. SUBRECIPIENT shall make every effort to ensure that all projects funded wholly or in part by CDBG funds shall provide equal employment opportunities for minorities and women, W. Drug Free Workplace. SUBRECIPIENT agrees to provide a drug -free work place and to execute a certification as set forth in "Exhibit E" attached hereto and incorporated herein by this reference. X. Uniform Administrative Requirements Cost Principles and Audit Requirements for Federal Awards. The following requirements and standards must be complied with: 2 CFR Part 200 et al. SUBRECIPIENT shall procure all materials, property, or services in accordance with the requirements of 2 CFR 200.318-326. Y. Subpart K of 24 CFR 570. SUBRECIPIENT will carry out its activities in compliance with the requirements of Subpart I{ of 24 CFR 570. However, SUBRECIPIENT does not assume the CITY's environmental responsibilities or the responsibility for initiating the environmental review process tinder 24 CFR Part 52. Z. Women- and Minority -Owned Businesses (W/MBE) SUBRECIPIENT will use its best efforts to afford small businesses, minority business enterprises, and women's business enterprises the maximum practicable opportunity to participate in the performance of this Agreement in accordance with the requirements of 2 CFR 200.321 "Contracting with small and minority businesses, women's business enterprises, and labor surplus area firms". As used in this Agreement, the term "small business" means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and "minority and women's business enterprise" means a business at least fifty-one percent (51%) owned and controlled by minority group members or women. For the purpose of this definition, "minority group members" are African -Americans, Spanish-speaking, Spanish surnamed or Spanish - heritage Americans, Asian -Americans, and American Indians. SUBRECIPIENT may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation. IL CITY'S OBLIGATIONS A. Payment of Funds. On July 1, 2020, the CITY was allocated $5,735,518 for fiscal year 2020- 2021 from the United States Department of Housing and Urban Development ("HUD") Community Development Block Grant ("CDBG") Entitlement Program. Subject to the terms of this Agreement, CITY agrees to pay to SUBRECIPIENT when, if and to the extent federal funds are received a sum not to exceed SIXTY THOUSAND DOLLARS ($60,000) for SUBRECIPIENT'S performance in accordance with the Budget attached hereto as "Exhibit B" during the two-year period of this Agreement. Payments shall be made to SUBRECIPIENT through the submission of invoices/reimbursement requests. CITY shall pay such invoices/reimbursement requests within thirty (30) days after receipt thereof provided CITY is satisfied that such expenses have been incurred and documented within the scope and provisions of this Agreement and that SUBRECIPIENT is in compliance with the terms and conditions of this Agreement. Failure to provide any of the required documentation and reporting will cause CITY to withhold all or a portion of a request for reimbursement, or return the entire reimbursement package to SUBRECIPIENT, until such documentation and reporting has been received and approved by CITY. Documentation may include, but is not limited to, true copies of invoices, receipts, canceled checks, bank statements, credit card statements, procurement documentation for goods or services, timesheets, payroll records, benefit statements, agreements, contracts or documentation pertaining to costs for subcontractors, and/or other documentation supporting and evidencing how the CDBG FUNDS have been expended during the applicable quarter. B. Audit of Account. CITY shall include an audit of the account maintained by SUBRECIPIENT in CITY's annual audit of all CDBG FUNDS in accordance with Title 24 of the Code of Federal Regulations and other applicable federal laws and regulations. C. 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. D. Environmental Review: In accordance with 24 CFR 58, the CITY is responsible for undertaking environmental review and maintaining environmental review records for each applicable project. E. Performance Monitoring: CITY shall monitor the performance of SUBRECIPIENT against goals and performance standards required herein. The SUBRECIPIENT shall be responsible to accomplish the levels of performance as set forth in Exhibit A and report such measures quarterly to the CITY. If the SUBRECIPIENT estimates such goals will not be met, the SUBRECIPIENT is to contact the CITY, at which time the CITY will determine if any adjustments to the grant award is appropriate. Substandard performance as determined by the CITY will constitute non-compliance with this Agreement. Should the CITY determine that the SUBRECIPIENT 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 SUBRECIPIENT in writing of its determination specifying in full detail the objections which it has to the SUBRECIPIENT's performance. If action to correct such substandard performance is not taken by the SUBRECIPIENT after being notified by the CITY, within a reasonable period of time as stipulated in the written notification, contract suspension or termination procedures will be initiated. A. SUBRECIPIENT agrees to comply with Executive Order 11246 which requires that during the performance of this Agreement, SUBRECIPIENT agrees not to discriminate against any employee or applicant for employment because of race, religion, sex, color or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer, rates of pay or other forms of compensation, and selection for training, including apprenticeship. SUBRECIPIENT agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the SUBRECIPIENT setting forth the provisions of this nondiscrimination clause. B. SUBRECIPIENT agrees to comply with Title VI of the Civil Rights Act of 1964 which indicates that no person shall, on the ground of race, color or national origin, be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program of activity receiving federal financial assistance. C. No person shall, on the grounds of race, sex, creed, color, religion, marital status, national origin, age, sexual orientation, or physical or mental handicap be excluded from participation in, be refused the benefits of, or otherwise be subject to discrimination in any activities, programs or employment supported by this Agreement. SUBRECIPIENT is prohibited from discrimination on the basis of age or with respect to an otherwise qualified handicapped person as provided for under Section 109 of the Housing and Community Development Act of 1974, as amended. D. SUBRECIPIENT agrees to comply with the Age Discrimination Act of 1975 which requires that during the performance of this Agreement, SUBRECIPIENT agrees not to discriminate against any employee or applicant for employment because of age. Such action shall include, but not be limited to the following: employment upgrading, demotion, or transfer, rates of pay or other forms of compensation, and selection for training, including apprenticeship. SUBRECIPIENT agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the SUBRECIPIENT setting forth the provisions of this age discrimination clause. E. SUBRECIPIENT agrees to comply with Section 504 of the Rehabilitation Act of 1973 which requires that no otherwise qualified individual with a disability in the United States, shall, solely by reason of his or her disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance or under any program or activity conducted by any executive agency or by the United States Postal Service. IV. CONFLICT OF INTEREST Pursuant to the conflict of interest requirements set forth in 24 CFR 570.611 and 2 CFR 200.112, SUBRECIPIENT certifies that no member, officer, employee, agent or assignee of CITY having direct or indirect control of any CDBG monies granted to the CITY, inclusive of the subject CDBG FUNDS, shall serve as an officer of SUBRECIPIENT. Further, any conflict or potential conflict of interest of any officer of SUBRECIPIENT shall be fully disclosed in writing prior to the execution of this Agreement and said writing shall be attached and deemed fully incorporated as a part hereof. Notice shall be sent by SUBRECIPIENT to CITY regarding any changes or modifications to its board of directors and list of officers. V. SPECIAL CERTIFICATION FOR RELIGIOUS ENTITIES If SUBRECIPIENT is a religious entity, SUBRECIPIENT hereby agrees that in connection with the provision of the services SUBRECIPIENT shall provide with CDBG funds, in accordance with 24 CFR 570.2006): A. SUBRECIPIENT shall not discriminate against any employee or applicant for employment on the basis of religion and shall not limit employment or give preference in employment to persons on the basis of religion. B. SUBRECIPIENT shall not discriminate against any person applying for the services SUBRECIPIENT agrees to provide under the terms of this Agreement on the basis of religion and shall not limit such services or give preference to applicants for such services on the basis of religion. C. SUBRECIPIENT shall NOT provide religious instruction or counseling, conduct any religious worship or services, or engage in any religious proselytizing, or exert any religious influence in the provision of the services in said program. The parties agree that this covenant is intended to and shall be construed for the limited purpose of assuring compliance with respect to the use of CITY funds by SUBRECIPIENT with applicable constitutional limitations respecting the establishment of religion as set forth in the establishment clause under the First Amendment of the United States Constitution and Article I, Section 4 of the California Constitution, and is not in any manner intended to restrict other activities of SUBRECIPIENT. D. The portion of a facility used to provide public services assisted in whole or in part under this Agreement shall contain no sectarian or religious symbols. E. Where the services to be provided under said program are rendered on property owned by the primarily religious entity SUBRECIPIENT, CDBG 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 CDBG expenditure for rendering the services under said program. VI. PROHIBITION OF NEPOTISM SUBRECIPIENT agrees not to hire or permit the hiring of any person to fill a position funded through this Agreement if a member of that person's immediate family is employed in an administrative capacity by SUBRECIPIENT. For the purposes of this 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. VH. 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 Community Development Agency (M-25) 20 Civic Center Plaza 10 P.O. Box 1988 Santa Ana, California 92702-1988 TO SUBRECIPIENT: OC Fair Housing Council, Inc. 1516 Brookhollow Drive, Suite A Santa Ana, CA 92705 VIH. ASSIGNABILITY None of the duties of, or work to be performed by, SUBRECIPIENT under this Agreement shall be subcontracted or assigned to any agency, consultant, or person without the prior written consent of CITY. SUBRECIPIENT must submit all subcontracts and other agreements that relate to this Agreement to CITY. No subcontract or assignment shall terminate or alter the legal obligations of SUBRECIPIENT pursuant to this Agreement. IX. HOLD HARMLESS SUBRECIPIENT shall indemnify, defend and save harmless CITY, its officers, employees, agents, representatives and volunteers from and against any and all damages to or for loss of use of property and for injuries to or death of any person or persons, including property and employees or agents of CITY, and shall defend, indemnify and save harmless CITY, its officers, employees, agents, representatives and volunteers from and against any and all claims, demands, suits, actions or proceedings of any kind or nature, including, but not by way of limitation, workers compensation claims and including attorney fees and reasonable expenses for litigation or settlement, resulting from or arising out of the negligent or wrongful acts, errors or omissions of SUBRECIPIENT, its officers, directors, employees, agents, subcontractors and suppliers arising out of SUBRECIPIENT's performance of this Agreement. X.INSURANCE 1. Commercial General Liability. SUBRECIPIENT agrees to obtain and keep in force during the term of this Agreement a policy of comprehensive commercial public liability insurance insuring the CITY, and SUBRECIPIENT against any liability for accident, injury or death arising out of or in consequence of this Agreement. Such insurance shall be in an amount not less than One Million Dollars ($1,000,000.00) for any injury to or death of any person or persons in any single accident or occurrence. Said policy of comprehensive liability insurance shall be endorsed to provide to CITY at least thirty (30) days written notice prior to cancellation; name CITY, its officers, agents, employees, and volunteers, additional insured; and state that such coverage is primary to any other coverage or self- insurance and CITY. Governmental entities may provide proof of self-insurance. (a) Such insurance shall: (1) name the City of Santa Ana, its officers, agents, representatives, employees and volunteers as additional insured's; (2) be primary with respect to insurance or self-insurance programs maintained by the CITY; (3) contain standard separation of insured's provisions; and (4) give to CITY prompt and timely notice of claim made or suit instituted arising out of SUBRECIPIENT's operations hereunder. (b) SUBRECIPIENT shall: (1) prior to exercising any right under this Agreement, furnish properly executed certificates of insurance and additional insured endorsement to the CITY which shall clearly evidence all coverages required above; (2) provide that such insurance shall not be materially changed or terminated except on 30 days prior written notice to the CITY; (3) maintain such insurance for the period covered by this Agreement; and (4) replace such certificates for policies expiring prior to the expiration of this Agreement 11 2. Automobile Liability Coverage. SUBRECIPIENT shall also obtain and maintain, during the effective period of this Agreement, broad form automobile liability coverage with a $1,000,000 limit unless reduced by CITY, which applies to both owned/leased and non -owned automobiles used by SUBRECIPIENTI' employees or participants in performance of this Agreement, or, in the event that SUBRECIPIENT will not utilize such owned/leased automobiles but intends to require employees, participants or other agents to utilize their own automobiles in the performance of this Agreement, SUBRECIPIENT shall secure and maintain on file from all such employees, participants, or agents as self -certification of automobile insurance coverage. Governmental entities may provide proof of self- insurance. 3. Workers' Compensation. If SUBRECIPIENT is an "employer", as set forth in California Labor Code Section 3300 et seq., or utilizes participants as "employees," as set forth in California Labor Code Section 3350 et seq., SUBRECIPIENT shall obtain and keep in force during the term of this Agreement full Workers' Compensation insurance coverage for injuries suffered by participants. Said insurance policy shall guarantee CITY at least thirty (30) days written notice of cancellation or modification. 4. Equipment Coverage. SUBRECIPIENT shall purchase a policy or policies of insurance covering loss or damage to any and all Equipment provided to or purchased by SUBRECIPIENT in accordance with this Agreement. Said insurance shall be in the amount of the full replacement value thereof, providing protection against the classification of fire, extended coverage, vandalism, malicious mischief, theft, and special extended perils. Governmental entities may substitute a certificate of self- insurance. 5. Proof of Insurance. Certificates and endorsements must be submitted and approved by CITY prior to any work under this Agreement. SUBRECIPIENT understands that CITY will make no payments under this Agreement until the required certificates and endorsements have been approved by CITY. Xl. REVERSION OF ASSETS A. Upon the expiration of this Agreement, SUBRECIPIENT shall transfer to CITY any CDBG funds on hand at the time of the expiration of this Agreement as well as any accounts receivable attributable to the use of CDBG funds. [24 CFR 570.503(b)(7)] B. Any real property under SUBRECIPIENT's control that was acquired or improved in whole or in part with CDBG funds in excess of $25,000.00 must either be: I. Used, where CITY has given written approval, to meet one of the national objectives stated in 24 CFR 570.208 until five (5) years after expiration of this Agreement, or for such longer period of time as determined to be appropriate by CITY; or 2. If not used in accordance with subparagraph 1 above, SUBRECIPIENT shall pay to CITY an amount equal to the current fair market value of the property less any portion of the value attributable to the expenditure of non-CDBG funds for acquisition of, or improvement to, the property. Such payment is program income to CITY. C. Subject to the obligations set forth herein, title to equipment acquired under the terms of this Agreement will vest upon acquisition in SUBRECIPIENT. When said equipment which has been acquired 12 in accordance with this Agreement and all applicable regulations is no longer needed for said program, disposition of said equipment will be made as follows: 1. Items of equipment with a current per unit fair market value of less than $5,000.00 may be retained, sold or otherwise disposed of with no further obligation to CITY. 2. Items of equipment with a current fair market per unit value of $5,000.00 or more may be retained or sold and CITY shall have the right to an amount calculated by multiplying the current market value or proceeds from the sale by CITY's share of federal funds used to acquire the equipment, in accordance with 2 CFR 200.313(e)(2). D. SUBRECIPIENT hereby agrees, upon the demand of CITY, to execute, acknowledge and deliver, or cause any person or entity who may have any claim to rights hereunder or under any document, instrument or agreement executed in furtherance of the services and activities to be performed hereunder, to execute, acknowledge and deliver, to CITY assignment(s), quit claim deed(s) or such other and further instruments, documents and agreements as may be necessary, in the sole and absolute discretion of CITY, to vest in CITY all of SUBRECIPIENT's right, title and interest (if any it may have) in and to CITY, CDBG or other federal, state and/or local accounts or program funds or allocation of funds to which CITY is or may be entitled, either for its own account or as fiduciary or trustee for others, which were obtained for the purpose of the performance of this Agreement or any previous agreements relating to the same subject matter or activities as this Agreement, together with any instruments, loans, grants or advances by SUBRECIPIENT on behalf of CITY, in furtherance of the activities hereunder or thereof. SUBRECIPIENT's obligations and responsibilities set forth in this paragraph "XI. REVERSION OF ASSETS," and in paragraph "XII. TERMINATION" and other requirements pertaining to program income shall not be affected by the termination of this Agreement and shall survive the date of termination of this Agreement for such period of time as CITY and/or HUD deems necessary for the responsibilities, duties and obligations to be performed and completed to the satisfaction of CITY and HUD. 01I Y 2 7tUil►/:rl Y717► A. This Agreement may be terminated on thirty (30) days' written notice by either party. In the event of such termination, SUBRECIPIENT shall only be entitled to reimbursement for approved expenses incurred to the effective date of termination. B. This Agreement may be suspended or terminated by CITY upon five (5) days' written notice for violation by SUBRECIPIENT of Federal Laws governing the use of Community Development Block Grant Funds. In the event of such suspension or termination, SUBRECIPIENT shall only be entitled to reimbursement for approved expenses incurred up to the effective date of suspension or termination. C. Pursuant to 2 CFR 200,340, in the event SUBRECIPIENT defaults by failing to fulfill all or any of its obligations hereunder, CITY may declare a default and termination of this Agreement by written notice to SUBRECIPIENT, which default and termination shall be effective on a date stated in the notice which is to be not less than ten (10) days after certified mailing or personal service of such notice, unless such default is cured before the effective date of termination stated in such notice. If terminated for cause, CITY shall be relieved of further liability or responsibility under this Agreement, or as a result of the termination thereof, including the payment of money, except for payment for approved expenses incurred for services satisfactorily and timely performed prior to the mailing or service of the notice of termination, and except for reimbursement of (1) any payments made for services not subsequently performed in a timely and satisfactory manner, and (2) costs incurred by CITY in obtaining substitute performance. 13 D. The grant of funds under this Agreement may be terminated for convenience by either the CITY or SUBRECIPIENT, in whole or in part, by setting forth the reasons for such termination, the effective date, and, in the case of portion termination, their portion to be terminated. However, if in the case of a partial termination, the CITY determines that the remaining portion of the award will not accomplish the purpose for with the award was made, the CITY may terminate the award in its entirety. E. The grant of funds under this Agreement may be terminated due to the non-performance of SUBRECIPIENT and/or failure of SUBRECIPENT to perform the work described in Exhibits A and B or failure to meet the performance standards and program goals set forth therein. F. The grant of funds under this Agreement may be terminated due to the failure of the CITY to receive sufficient or anticipated funding from HUD for the CDBG program for any year term subject to this Agreement. G. In the event this Agreement is terminated as set forth in subparagraphs XII.A. through XII.F., inclusive, SUBRECIPIENT agrees to immediately return to CITY upon CITY's demand and prior to any adjudication of SUBRECIPIENT's rights, any and all funds not used, and to comply with paragraph "XI. REVERSION OF ASSETS" of this Agreement. I�I'1� It71 �I.YVa �'iV�IC7�[�701�1.11►1IT.` The United States of America, through HUD, may in the future place programmatic or fiscal limitations on the use of CDBG funds which limitations are not presently anticipated. Accordingly, CITY reserves the right to revise this Agreement in order to take account of actions affecting HUD program funding. In the event of funding reduction, CITY may, in its sole and absolute discretion, reduce the budget of this Agreement as a whole or as to costs category, may limit the rate of SUBRECIPIENT's authority to commit and spend funds, or may restrict SUBRECIPIENT's use of both its uncommitted and its unspent funds. Where HUD has directed or requested CITY to implement a reduction in funding, in whole or as to a cost category, with respect to funding for this Agreement, CITY's City Manager or delegate is authorized to act for CITY in implementing and effecting such a reduction and in revising, modifying, or amending the Agreement for such purposes. If such a reduction in funding occurs, SUBRECIPIENT shall be permitted to de -scope accordingly. Where CITY has reasonable grounds to question SUBRECIPIENT's fiscal accountability, financial soundness, or compliance with this Agreement, CITY may suspend the operation of this Agreement for up to sixty (60) days upon five (5) days written notice to SUBRECIPIENT of its intention to so act, pending an audit or other resolution of such questions. In no event, however, shall any revisions made by CITY affect expenditures and legally binding commitments made by SUBRECIPIENT before it received notice of such revision, provided that such amounts have been committed in good faith and are otherwise allowable and that such commitments are consistent with HUD cash withdrawal guidelines. XIV. 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 CDBG funds by SUBRECIPIENT and contains all the covenants and agreements between the parties with respect to such employment in any manner whatsoever. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement or amendment hereto shall be effective unless executed in writing and signed by both CITY and SUBRECIPIENT. 14 XV. 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. XVI. CLOSE-OUT The SUBRECIPIENT agrees to comply with the closeout procedures detailed in 2 CFR §200.343, including the following: 1. SUBRECIPIENT must submit, no later than ninety (90) calendar days after the end date of the period of performance, all financial, performance, and other reports as required by the terms and conditions of the Federal award; 2. Unless the CITY authorizes an extension, SUBRECIPIENT must liquidate all obligations incurred under the Federal award not later than ninety (90) calendar days after the end date of the period of performance as specified in the terms and conditions of the Federal award; 3. SUBRECIPIENT must promptly refund any balances of unobligated cash that the CITY paid in advance or paid and that is not authorized to be retained by SUBRECIPIENT for use in other projects (See OMB Circular A-129 and 2 CFR §200.345); 4. SUBRECIPIENT must account for any real and personal property acquired with Federal funds or received from the Federal government in accordance with 2 CFR §§200.310- 200.316 and 200.329; and, 5. The CITY should complete all closeout actions for the Federal award no later than one year after receipt and acceptance of all required final reports. XVH. 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. XVIII. WAIVER No delay or on-ssion 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. 15 XIX. 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 and Attachments referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. {Signatures on followingpage) 16 A-2020-042-02 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the last date and year written below. ATTEST: DAISY GOMEZ Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney 1 VI By: b. HODGE Assis t CI Attorney FOR APPROVAL: STEVEN MENDOZA Executive Director Community Development Agency 17 CITY OF SANTA ANA KRIST�GE­ City Manager SUBRECIPIENT: n A ctor Tax ID: 95-2538829 DUNS #: 079534293 Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 29 CFR Part 98, Section 98.510, Participants' responsibilities. The regulations were published as Part VII of the May 26,1988 Federal Register (pages 19160-19211). (BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS FOR CERTIFICATION - Attached) (1) The prospective recipient of federal assistance funds certifies, by submission of this proposal, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. (2) Where the prospective recipient of federal assistance funds is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Denise Y. Cato. President / CEO Name and Title of Authorized Representative EXHIBIT C Page 1 of 2 Date By signing and submitting this proposal, the prospective recipient of federal assistance funds is providing the certification as set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective recipient of federal assistance funds knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the Department of Labor (DOL) may pursue available remedies, including suspension and/or debarment. 3. The prospective recipient of federal assistance funds shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective recipient of federal assistance funds learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms 'covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. 5. The prospective recipient of federal assistance funds agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the DOL. 6. The prospective recipient of federal assistance funds further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and voluntary exclusion - Lower Tier Covered Transactions," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 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 with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the DOL may pursue available remedies, including suspension and/or debarment. EXHIBIT C Page 2 of 2 Certification Regarding Lobbying Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the malting of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contact, grant, loan or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, 'Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontract, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Grantee/Contactor Organization Program Title Denise Y. Cato �.�"� r°�� June 30. 2020 Name of Certifying Officer EXHIBIT D Page 1 of 2 Date SUBRECIPIENT warrants the following: 1. SUBRECIPIENT will comply with Public Law 88-352, Title VI of the Civil Rights Act of 1964 (42 U. S. C. section 2000 et seq.) and implementing regulation in 24 CFR Part 1. 2. No person in the United States shall on the ground of race, color, religion, national origin, or sex, be excluded from participation in, or be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with community development funds made available pursuant to the ACT. 3. All laborers and mechanics, employed by contractors or subcontractors in the performance of construction work financed in whole or in part with community development funds shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined in accordance with the Davis -Bacon Act, as amended, 40 U. S. C. Sections 276 a 1-5, except for individuals who perform services for which they volunteered; do not receive compensation for such services; or are paid expenses, reasonable benefits, or a nominal fee for such services; and are not otherwise employed at any time in construction work. 4. SUBRECIPIENT will comply with all Federal statutes applicable to projects funded with community development funds, except that (a) SUBRECIPIENT does not assume CITY'S environmental responsibilities described at 24 CFR 570,604; and (b) SUBRECIPIENT does not assume CITY'S responsibility for initiating the review process under Executive Order 12372. EXHIBIT D Page 2 of 2 Certification Reqardinq 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. 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; EXHIBIT E Page 1 of 2 (f) Taking one of the following actions, within 30 days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted - ( 1) Taking appropriate personnel action against such an employee, up to and including termination; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; (g) Making a good faith effort to continue to maintain a drug -free workplace through implementation of paragraphs (a), (b), (c), (d), (e) and (f). B. The contractor shall insert in the space provided on the attached "Place of Performance" form the site(s) for the performance of work to be carried out with the grant funds (including street address, city, county, state, and zip code) .the contractor further certifies that, if it is subsequently determined that additional sites will be used for the performance of work under the contract, it shall notify the U.S. Department of Housing and Urban Development immediately upon the decision to use such additional sites by submitting a revised "Place of Performance" form. 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): 2021 E. 4ch Street, Suite 122 Santa Ana, Orange County CA 92705-3912 Orange County Fair Housing Council, Inc. Organization Date EXHIBIT E Page 2 of 2 City of Santa Ana CDBG Scope of Work Program Year 2020-2021 (July 1, 2020 - June 30, 2021) Name of Organization Orange County fair Housing Council , Inc. (dba Fair Housing Council of Orange County) Name of Funded Program Santa Ana Fair Housing Education, Counseling and Enforcement Annual Accomplishment Goal Unduplicated Participants antic. ated to be served during the 12-month contract period. 4,550 TOTAL 4,460 Santa Ana Participants 1 43201 Low Income Participants 95% Schedule of Performance Unduplicated (estimated) Quarter 1: JUL 1 - SEP 30 Quarter 2: OCT 1 - DEC 31 Quarter 3: JAN 1 - MAR 31 Quarter 4: APR 1 - JUN 30 Estimated Invoicing M60000.00 Program and Funding Description Fair housing education, counseling & enforcement services combined with landlord -tenant counseling will be provided citywide to current or potential Santa Ana housing providers and consumers. While almost all those served (about 95%) will be income eligible under CDBG program standards, anyone contacting us regarding housing -related issues in Santa Ana will be served. Services will be provided largely via telephone, e-mail and facsimile, from our office in Santa Ana, with in -person and walk-in services provided in the community or at our office as appropriate within pandemic protocols. Some program activities, mostly education and outreach or workshops, will occur either virtually or at various sites within Santa Ana, as protocols will allow. Our operating hours are 9:00 am to 1:00 pm and 2:00 pm to 6:00 pm, Monday to Thursday. Walk-ins will be welcome if allowing them is consistent with pandemic protocols, and appointments are available. Community events and workshops can occur on any day or time, with workshops attempted to be scheduled to accommodate clients normal working hours. We have extended office hours until 7:00 pm on the 3rd Wednesday of the month to enhance client access outside of normal working hours. Specific services are: A. FAIR HOUSING ENFORCEMENT: - Respond to 15 or more allegations of discrimination of sufficient merit to open a case file. We will address all allegations of housing discrimination made by current or potential Santa Ana households. If fewer than 15 case files are opened, to compensate, we will perform paired, on -site audit tests of multi -family housing, substituted on a one -for -one basis. B. COMMUNITY EDUCATION: - Involvement in at least 35 Santa Ana education and outreach events, either presentations or information tables, reaching over 540 heads of households, and about 1,270 residents in all.. Distribute at least 4,500 pieces of educational material or information packets. Offer a poster/essay contest within Santa Ana elementary schools. Hold 3 landlord workshops, with 2 in English and 1 in Spanish, and 10 tenant workshops, with 4 in English, 4 In Spanish and 2 in Vietnamese. Conduct presentations on landlord -tenant and fair housing laws as requested by City staff of elected officials. Provide training and technical assistance to City staff as well as to real estate agents, lenders, apartment managers/owners, and other housing industry professionals. C. LANDLORD/TENANT COUNSELING: Handle about 900 requests for service, from about 855 unduplicated households comprised of about 4,000 people, addressing about 2,910 inquiries, disputes or issues. Most discrimination occurs within the landlord -tenant relationship, so this service facilitates our primary goal by assisting in uncovering possible housing discrimination. About 30% of the discrimination Investigative caseload comes from contacts that were initially present as landlord -tenant disputes or issues. We assist housing consumers and providers in resolving EXHIBIT A questions and avoiding disputes over evictions, deposit returns, substandard conditions, and other landlord -tenant matters. Staff members counsel housing consumers and providers about both their rights and responsibilities. D. CITY ADMINISTRATIVE SUPPORT: - Provide data collection, analysis and reporting to City of Santa Ana CDBG administrators, as well as HUD auditors, as required. As requested we will assist in the preparation of fair housing action plans, and will provide annual accomplishment data for inclusion in the City's Consolidated Annual Performance and Evaluation Report (CAPER). We will support efforts to implement actions to overcome impediments to fair housing choice and reporting of actions and progress to HUD. NOTE: The foregoing activities may be conducted virtually if conducting them in -person is not feasible due to needing to follow pandemic -related safety protocols. EXHIBIT A FISCAL YEAR 2020-2021 PROGRAM BUDGET Organization Name Orange County Fair Housing Council, Inc. (dba Fair Housing Council of Orange County) Program Name Santa Ana Fair Housing Education, Counseling and Enforcement 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 $6,490 $ 2,560 $9,050 $ 96,300 Program Staff Salaries $48,055 $48,055 $ 322,000 Contractual/Professional Services $0 $0 $ 14,000 Occupancy (Rent/Utilities/Janitorial) $0 $ 5,540 $5,540 $ 61,200 Staff Benefits (insurance + payroll taxes) $0 $ 10,430 $10,430 $ 76,300 Communications (Total Org Budget Only) (phone, internet, printing, post) $0 $0 $ 54,200 All Other Cost (Total Org Budget Only) $0 $0 $ 160,000 0 $0 $0 0 $0 $0 TOTAL Direct Costs $54,545 $18,530 $73,075 $784,000 Indirect Costs 10% $5,455 $5,455 TOTAL BUDGET $60,000 $18,530 $78,530 $784,000 * 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 LISTALL OTHER PROGRAM RESOURCES FOR 2020-2021 Funding Source Total must equal Program Budget Total listed above. FUNDING SOURCE AMOUNT Santa Ana CDBG $ 60,000.00 Seminar Fees $ 7,000.00 Fund Raising $ 7,500.00 Case Settlements $ 4,030.00 TOTAL $ 78,530.00 EXHIBIT B 2020-2021 CDBG BUDGET LINE ITEMS ADMINISTRATIVE STAFF Position Title Annual Salary & Benefits CDBG Funds Requested Description Chief Operating Officer (admin) $ 55,000 $ 1,960 Program compliance, payroll, reporting Dir. CDBG / Records Clerk $ 45,000 $ 4,530 Program compliance, compiling statistics, reporting PROGRAM STAFF Annual Salary CDBG Funds Position Title & Benefits Requested Description $ 55,000 $ 3,420 Presentations, Landlord -Tenant & Fair Housing Chief Operating Officer (program) P g Ip g ) Counseling and Education bi-lingual ual Spanish) g ( g p ) $ 39,000 $ 17,270 Landlord -Tenant & Fair Housing Counseling and Landlord -Tenant Specialist education (bi-lingual Vietnamese) $ 35,900 $ 16,740 Landlord -Tenant & Fair Housing Counseling and Landlord -Tenant Counselor II Education (bi-lingual Spanish) $ 28,600 $ 10,625 Landlord -Tenant & Fair Housing Counseling and Landlor-Tenant Counselor I Education (bi-lingual Spanish) CONTRACTUAL/PROFESSIONAL SERVICES Type of Service Contract Amount CDBG Funds Requested Description OTHER LINE ITEMS Line Item Program Amount CDBG Funds Requested Description EXHIBIT B-1 CERTIFICATE OF LIABILITY INSURANCE 'D^rIN(M-M t)r6W) OSrJ412020 THIS C RTIFICA I ISSUED AS A MATTE OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE ERTIFICATE HOL ER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUT14ORIZEO REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: t 11DO cadlRca il holder s n AODI IONALINS RED, the polloyjles) Duel havD AODI ZONAL UR D prov q ons Or be andoned. it SUBROGATION IS WAIVED, subject to the terms and conditions of the pollOy,. pertain may policies require an endorsement, A statement on this CertlRate does not center rights to the certificate holder In lieu of lug h endon um nt(s), PRODUCER AME:- Cadi0aaf0 issuance Team Compmhanslva Insurance:SorYICRa $48)70B•8BW Alt. 1e49)709.1 S Rancho Paikway $oDh Annear, leromyQlhecomprehensivalnselanca.com $ulla suite 120 INSURER S AFPoRDINO COVERAOe INSURERA; NOnpfe 1191RSUfBrIpB Nuance ofC06(Orgia L.eNa FDra41 CA.'02980 INSURED - 10677 orengeCounty:FevHousing INSuRERa; - wavaes ............. 2021 E. 4th W SIB, Ile & 122 mSDR RD.- � -�.. - Santo Ana CA. 92105 INSURER E: INSURER F1 - __. ___. COVERAGES. cERrlEfnarD NMssneo. ry 4nAvpmaca - -- --- r'"tolvn numdeR: THIS9S TO CERTIEViHATTHEPWCIES OF INSURANCEtISTEOSELOW NAVE 1: :11 ;: ;; TO THEINSURED NAMEDABOVE FOR HE POLICY PERIOD INDICATED. N07YOTHSTANOINGANY REQUIREMENT,. TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT PATH RESPECT TO VAUCH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUSJECTTO ALL THE TERMS, EXCLUSIONSAND CONDITIONS OF SUCH POLICIES. LIMITS SHOVIN MAY HAVE PEEN REOUCED RY PAIO CLAIMS. T Tvee OF Has COMMERCIAL pENEMLLIABILITY CIAIMSMARe L>J =0 POi1CY NVMeER N O M, NMiDD LIMITq EACH OCCURRENCE f IODOA00 ' �CE'.rp RENTER""'-' PREPigs(Eaxcw,u,u) "^ �7• -^�� s'BOO,ODO A e A Y 2D20-0S7JS 2020-00730 OTNi12020 07M112020 07/01/2021 Dlyo1l2021 MEDExq Anyanesauanl M�NALdADVIN1uRY OENERALAOGREOATE PNOOUCTS• MPIOPAOD - S 20.000 y_1.000.000 S 2.000.000 5.-2,000.000 (AMAOCRE TEUMITAPPUESPEA 4Ew JECT LDC OM AUTONOBILELMDRITY ANYAUTO 4MNEe SCHEDuIPA PUT ONLY FVIQ$ In RED +x AIVTOS�OHIE.0 SINE N tMIT a g. 1;gg0,000 FODLYNJURY 04a'vF0P1 S - aCD1LYMAlaYft.. .m I Petarritlinl s EACHOCCUPRENCe.. a UNBheLLALIAO GLCUA BR0099 Use CLAIM9•MA E A60REOA E S DER RSTENTIONS� WOrR9 9BRN ANDOMPLOYERS-LA)ANYPROPRIETORPARTNERMxECU1NEYIN OFFICER,MEMaH1 E%CLUOEO> tM-d-1 (NM1atlo,YIA NHt DESCRPROa OFF DE9CNIPTION OF 6PERAlN)Ng PNav NIA SA T tpl• E.I, EACH OWENT S E.L p19EASE •FA EMPLOYEE S EL WSEASE•PCtN:YUlA1T 5 A tmproper Saxual.CandurtUaO&ty 2420•DO705 0710Tt2020 07/4/12021 37,000.000 S"INNOB00 Ag9re9ata Occurrence eeStRlPn0N OFOpaMTione(LO..TIClVEHICLE¢IADOHO iP1, Aaareml Remxrka goheduir, may ba lawhad II mnrtSpsoa Ia.AAulmtll The CNy DI $gnlBAna, IIS aiBaers, ampbyeea, a98n15, valunleers ehd mprasanlallvea are IAIWdel ag Aidiuenel Insured psi altachad andargemeN N WC EBi. This Int U""a IS PAmary end Nonceniribulary par onegraemenl NIAC eoL 0O tla nailas of tancallaODn W1H 10 da nollee otoancgll"on far non-paymanl e(promlum pal PoNry DP.trum y y - CERTIFICATE Nnt OER _...__.. _.. SHOULOANY OF THE ABOVE DESCRIBED. POLICIES BE CANCELLED SEFORE THE EXPIRATION DATE THEREOF, NOTICE WALL SS DELIVERED IN Chy of Santa Ana ACCORDANCE WITH THE POLICY PROVISIONS, Risk management Miser, 20 CIVIC center Plaza AUmOAREO REPROSENTARYE A �T E. I-� $DNaMa CA 92701 yn *++ REVIEWED & AP OVEV (� gNAf EIYtC'N7.I 1VSSION 0 ACOA01b ACORD CORPO TION, All rIL 29 9arv02 ACORD 25 (2010100) The ACORD name and lags are nACOR gistargd marks of O MW NONPROFIT$ INSURANCE ALMAN" qF CALIrORN1A A kradig r Ms iran.ANrarfJa.Nanyra/ire. POLICY NVMBER:2020.03733 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. ADDITIONAL INSURED PRIMARY AND NON-CONTRIBUTORY ENDORSEMENT FOR PUBLIC ENTITIES This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. SECTION If - WHO IS AN INSURED Is amended to inoude: d. Any public entity as an additional Insured, andthe officers. otnciais, employees, agants and/or volunteers of that public entity, as applicable, who may be named In the Schedule a 49 when din have agreed In a written contractor written agreement presently In affect or becoming atfaove, daring theave of this policy„ that such public entity and/or its officers, officials, employees, agentsa cove during t the term added as an additional insured(s) on your policy, but only with respect to Itsage for and/or injury", rsbe "property damage" or"personal end advertising Injury' caused,.In whole Orin part, r" a.. Your negligent act$ or omissions; or b, The negligent acts or omissions of those acting on your behalf, In the performance o(your ongoing Operations. No such public entity OF individual Is an additional Insured for liability arising out Of thesolonegligence by (hot public entity or Its designated Individuals, The additional Inured status will not be afforded with respect. to liability arising out of or related to your activities as a real estate manager for that person or organization. 8. SECTION III- LIMITS OF INSURANCE is amended to include. 8. The limits of Insurance applicable to the public entity and applicable individuals identified as an additionatinsured(s) pursuant to Provision A.d, above, are those specillOd In the written contract between you and that public entity, or the limits available under this policy, whichever are less. These limits are part of and not In addition to the limits of insurance under this policy. C. With respect to the Insurance provided to the additional insured(s), Condition d, Other insurance of SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS is replaced by the following: Othor Insuranco a. primary insurance This Insurance Is primary It you have agreed in a written contract or writtan agreement. (f ) That Oils insurance be Primary, it Other Insurance Is also primary, we will share with all that other Insurance as described In c below; or NIAC-E51 02 19 REVIEWED & A1JPROV-,L; PddP RWMANACEnft+:I [)jV: z}N ® NON�'ItOFITS [NSUFLANCE AttIANCE aF CAttreaNIA A HeadJe/11SUM re. A Hrorryae Nany+o/rts, POLICY NUMBER; 2020.03733 (2) The coverage afforded by this insurance is primary and namcontributory with the additional Insured(sy own Insurance. Paragraphs (1) and (2) donot apply to other Insurance to which the additional Insurod(s) has been added as an additional insured or to other insurance described In paragraph b. below, b. Excess Insurance This Insurance is excess over: 1. Any of the other insurance, whether primary, excess, contingent or on any other balls: (a) That Is Fire, Extended Coverage, Suildoes Risk, Installation Risk or similar coverage for "your work"; (b) That Is fire, lightnIng, ar explosion Insurance for promises' rented to you or temporarily occupied by you with permission of owner, (c) That Is Insurance purchased by you to cover your liability as a tenant for "property damage" to premiss temporarily occupied byyouwith permission of the owner; or (d) If the loss arises out of the maintenance or use of aircraft,. ,autos" or watercraft to the extent not subject to Exclusion g. of SECTION I . COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE, (a) .Any other Insurance available to an additional Insurad(s) under this Endorsement covering liability for damages which are subject to this endorsement and for which the .additional insured(s) has been added as an'additional -Insured by that other insurance. (1) When (his insurance is excess we will have no duty under Coverages A or 13 to defend the additional Insured(s) against eny "sull" it any other insurer has a duty to defend the additional Insurad(s) against that "suit% If no other Insurer defends, we MR undertake to do so, but we will be entitled to the additional lnsurett(s)'rights against all those other Insurers. (2) When this. Insurance is excess over other Insurance, we will pay only our share of the amount of the loss, it any, that exceeds the sum of: (a) The total amount that all such other Insurance would pay for then We In the absence of this insurance; and (b) The total of all deductible andseUdnsured amounts under all that other Insurance. (3) We will share the remaining loss, it any, with any other insurance that -is not described in this Excess Insurance provision and was not bought specifically to apply in excess aline Limits of Insurance shown In the Declarations of this Coverage Part. a. Methods of Sharing If all of the. other Insurance available to the additional Insurad(s) permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributesequalamounts until It has paid Its applicable limit of Insurance or none of the lass remains, whichever cones first. If any Other the other insurance available to the additional Insured(s) does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share Is based on the ratio of Its applicable limit of Insurance to tho total applicable limits of Insurance of all Insures. NIAC-E61 02 19 �VIR & /t PR(JVE u ','7"Ri 4NAGEMBDiT DiuisiON �► � 1 It �, I � Ijt � ' LCERTIFICATE OF LIABILITY IMAI1RAI nr- r DATE(MWDO M i5f2020 THi9 CERTIFICATE IS ISSUED AB A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOTAFFIRMATWELY OR NEOATNELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, THIS OERTIFICATE OF INSURANCE DOES NOT CONSTITUTEA CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER, IMPORTANT. Hthe corllRcafe oldar A en ADDITIONAL INSUREp, Ehs pollcy(lasj m,al hays A DITTO AL S R O prevlalons or be andoTaa , If SUBROGATION IS WAIVED, subAct to the larms And conditions of the certain p011ay, pollales may f8puire An Ondorsemenl, A ototamenl an Bit$ caHlRaola deal not confer rights t0 the CerHf Cats holder In Ile, of BOB endorsements PRODUCER Comprahansin Insurance Somwit N a.. OeNOcata Issuance T,am ° . (8-0g)T08-0B00 H0'. (S49)T041068 Rancho Parkway South Suna suiteIzn ADO se: Jeremy EADSOOm H41oinsh'alnsuraace.COm MURER1a AFFORDIROCOwmae WOURCRA, Slate Comp N16460n Insurance Fun "aI - Lake FINnsl CA $203D 35076 Otenao County Fair Housing INsuRER81 NouRERc:. . 2D21 E. dth St. 61a 110 4122 INSURER D: Santa Ana CA 02700 WSUREM 3URER P, __... COVERAGES CERTIFICATE NIIMRFOf -IWC IS TO CWM&MADE El OCCUR LACCACOATE U,ITWMES PM Pa,a4 JECT POO' too OTHER: >MOINLEUAOVW ANYAUTO Oe'h'E°OONp 41MOULED AUTONOW-O NIREa AUTOSOM.Y AVF090m.Y UBanai:LA.41Aa DOWR In 909974040 IS 0Ef10020 1 W1012021 ALL THE RPDAaum, m v 0 MU°had a men",-1.""irun _-_ The Clty of Saniu Ana,. fit officers, empluyeee, agents volunloem and tepragentnEvag. 30 day tall,, of conCallotion w11h 10 day 401100 of concollniion for rarepaymoni of prRmlum per polio( provision SHOULD ANY OF THE ABOVE OESCRISEO POLICIES BE CANCELLED 0EFORE THO EXPIRATION DATE THER80F, NOTICE WALL BE DELNERED IN CRY Of Santa Ana (The) ACCORDANCE WITH THE POLICY PRONSIONa, Rbk Managoment Olvlson 20 CvIO Cantor Plena AVTNCRICEOnEPR9aCNTAMa Santa Am CA 02101 ACORD 29 2010103 01888.20T¢ACORD CORF t e =0VEL-. ( ) The ACORD(Tome and logo are registered marks of AOORD By Risk MANAQUNIl-WTi7;td'tiiJ:V JU . 91020 �� � KAN , N I , VI LAREAL-. Fostering Divgrsity in Housing July 23, 2020 City of Santa Ana Risk Management Division 20 Civic Center Plaza Santa Ana, CA 92701 RE Contract #A•2019�094-02A and FY 2020.2022 -Auto Insurance Requirement Release of Liability Dear Staff of the Risk Management Division; This letter regards provision x.2 of Contract #A-2019�094.02A and FY 2020-2022 for services performed under a CBDG funded grantissued by the City of Santa Ana. Fair Housing Council of Orange County does notown or operate any motor vehicles, Fair Housing Council of Orange County employees, participants orotheragents workingunder this Agreement utilize their own automobile In the performance of this agreement. As per provision X2 (page 12).Fair Housing Council of Orange County secures and maintains on file self- certification of automobile Insurance coverage from all such employees, participants or agents who work under this agreement. 2.Automobi6LiabilityCoverage.SUBRECIPIE NTshallalsoobtain and maintain, during theeffective period of this Agreement, broadform automobile lability coverage with a $1000000 limit unless reduced by CITY, which applies to both owned/leased and non -owned automobiles used by SUB REC I PIE NT employees or participants in performance of thisAgree meat, or, Inthe event the( $UBRECi PIENT will not utilize such ownedileased automobiles but Intends to require employees, participants or other agents to utilize thelrown automobiles inthe performance of this Agreement, 8 U B REC I PIE NT she It secure and maInteinon file from all such employees, participants, oragentsasself- certification of automobile Insurance coverage. Governmental entities may provide proof of self - Insurance. Fair Housing Council of Orange County hereby releases the City of Santa Ana of Automobile Liability. [you have any questions, please do not hesitate to contact ourChlef Executive Officer, Denise Y. Cato at dcato@fairhousi ngoc,org Sincerely, FAIR H NGCOUNCIL OFORANGE COUNTY, INC 11ma REVIEWED & APPROVE L he > amr By Husk MnNAgfMPNT!?ivisitsr� G©BG Director 2021 Lam Street, SW 122, Santa Ann, CA 9270$.3912 1UAN INE K VILLAREAL 1§168raaykellewOrNe,sileA,SaAtaAAaCA9270§ Phone: 714S690231Fax: 7148350281 websile:www.Pairhousingoc.org ACOR10 CERTIFICATE OF LIABILITY INSURANCE OATEIMMroom l D5292O2C THIS CERTIFICATE 15 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. PO NT: If • certificate holder Is an ADO IONAL INS URED. the pollcy(lea) mutt have ADDI IONAL INSUR 0 provisions or be andoned. If SUBROGATION IS WAIVED, subject to the term and conditions of the policy, pertain policies may require an endorsement A statement on this eertificala doe not confer rights to the Certificate holder In lieu of such andomement(a). PRDUUCER GAME: Certificate Ieue'Ce Team Comprenensiva Intwarwor Se wces P1IOrl 949) 709.8900 ^ Mar (9a9) 709.18E8 28429 Rancho Parkway South AooREss: laremy®Necanprehansiveinauranw.mm _-T suite 120 MTTURERIS,AIfOROWO COYEMaE NAIL. Lake Forest CA 92030 WS RRRA; p Nan ralits eUranG PlOanra of CaL Na T� 10°27 INSURED INSURERS: Orange Camty FaN HousI% WSUMER a: 2021 F. oh St Ste 113 a 122.^_-- INSVRERE: _ Santa Ana CA 92705 INSUPERP: T— COVERAGES CERTIFICATENUMBER: C12a52904852 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POUGES OF INSURANCE LISTED BELOW NAVE BEEN ISSUED TO THE INSURED NAMEO A80VE FOR THE POUCY PEA100 INDICATED. NOTYMTHSTAN'OINGANYREOUIREMENL TERM OR CONDITION OFANYCONTRACTOR OTHER DOCUMENT KITH RESPECTTOV"CH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTMN, THE INSURANCE AFFORDED BY THE POLICIES OESCP18EO HEREIN IS SUBJECT TO ALLTHE TERMS, EXCLUSIONS AND CONDITIONS OR SUCH POLICIES. LIMITS &MOM MAYHAVE BEEN REDUCED BY PAID CLAIMS. ILm TYAE rJP MSURANCE me POLICY NUMBER "MMOITrYf1 rwwm LIMITS COMMERCIAL DENERALLIAmUIY CLMNSMME ® OCCUR EACH OCCLRRENCE f 1.000.000 HaEM5E4 .00n3••n 3 500.000 MEDDIALLn',rxemem f 20,000 A Y 2020-03733 (171012020 07JO112021 vEAwNAL aAwINRMr S 1.000.0 00 QNLAWRHGAIE UwTAPPUE3 PFA POl1CY a JECP ®I!)C aENERLL1aCAECa.iE f 2,000,goo - PrtODUCL4-COYAIOPAG6 S 2,000,000 i OtHM AUm.WBATWBVW -t0Mm-WV-UEI..WT I a im f 1.000,000 ARTAVID BaDILY WAAr @.rPvva f A P OLMIED a I!DRED AUTOS ONLY AUTOS HMO IIOAA 110 AUTOS ONLY AUTOSONLY R 2020-03733 071072020 071012021 HOOIUr uNuRV IPN rz al S IF. FkxxIH`0 S S . . UMBRELLAWB OCCVP — EACH OCCURRENCE f man We I:IAM4MAOE AGGREGATE S DED RETENTIDN S "- s vtplCOM➢[N u0"EYK0Y[RS WORR`LT Y YIN iA R EL EACHACCWNT S ANY PRCPPIEfOWPAgTNEA/ESECUTNE ❑ DIT CER,MEMILER EXCLUDED) NIA EL DISEASE-EAEMPLOYEE 3 IYanPMmYln xHl '.I nr. blab Mww EL dSG4f•PoLKYUNIT S DE541PDDN OF(WEPATgN3 eUaw A Improper Sexual Conduct Liabley 2020-03733 071072070 07)0t2021 31,000.DDO 31,000,000 Aggrepala Occurrence OESCAiPRON OFOPEMTIONS ILOCATKNS I VEHICLES IAWFV let. Abe•PnN Remarks Sn"dW.. mp W .RN:Me N Tan,... M,.VAnal The Car of Santa Ana, H3 olfIMS, employee, agents, voknllaeri and repress nlallves are Included as AddAlanal Insured per attached endorsement NIAC E61 This insurance is Primary and Nenacntnbutory pet erldoruMere MAC E01. 30 day notice W CanpJaCbn with 10 day ndlca Dl wncellaean lot non-payment of premium per policy provision. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. NOTICE WILL BE DELNEREO IN City cl Santa Ana ACCOROANC9 WITH THE POLICY PROVISIONS, Risk Manegenlanl OMson 20 CNk Center PMaa AUIHOIMZED RVAESDITATNE Srtma Ana CA 92701 �N.,, REVIEWED & Al 0198E-201& ACORD 25 (2016/03) Tha ACORD name and logo are registered marks of ACORD . IL FKA IL EAL OR' + CERTIFICATE OF LIABILITY INSURANCE aATelMaaDDMryyJ Oui"Sj 20 THIS CERTIFICATE IS ISSUED AB A MATTER OF INFpRPAATION 4NLYANp GONPERS NO RIOHT8 UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT APFIRMATNELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE APFORDED DY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT. Nlhe ceHlflCa $ older to an ADDITIONAL INDVREO, the pollCy(ie$j mua NaW A DITI AL S RED provRlons or a andarae , If $UBROOATION 1$ WAIVED, subject to the lama and condition$ of the poppy, Corwin Poltaiae may require an endorenmanf. A statement an this eanipaata does not Confer rights to the oeNiflcats holds, in [in.nf.HeL aeNer...,.,.u.l Comprat101131 a Insurance Il"Ce9 26429 Rancho Parkway Siam Suite 120 Lake Forest CA 02630 INSURED Orange Courtly Fair NcusIng 2021 E.Ith SL %a. Ito 812E Santa Ana - KmVIe1VIN NUMBER: THIS ISTNOTIFYTRATTHEPOLIC]ESOF INSURANCE LISTEDEELOW NAVE PEENISSVEOTOTHE INSURED NAAIEO ABOVE FOftTME POLICYpER10O INDICATED, 0, NOTWITH97ANOINpANYtiEGVIREMENT,TERM ORCONDITION OFANY CONTRACTOR OTHER DOCUMENTWITH RESPECT -TO WHICH THIS CEHTIFICATe A%Y Be ISSUED OR MAYPERTAIN, THE INSURANCE AFFORDED BYTHE POLICIES DESCRIBED HEREIN 1$ SUBJECT TOALLTHETERMS, E%CLV910NSAN0 CONDITIONS OF BUGit pOLICIE5. UL1ITS8NOWN)YRAVB, BEENREUUW CEDOYPAIOCMS. �CTSfl N•� SM _EOPMSUPANCE COMMERCIALCENEAA1,W91UTY ID POLJCYNUMORR MF40 LMMNO 2 _ t1NJyg �. EACHOCOURRENCE 7A'RR,TT6pEAiEp—'—•.•. t—_...—..._....-.._.— CLAIMPMAOE OOCWR ,�?El�es le J a MEO!%p on alma i PERSONAL{ApV NUURY OENEItAt AOCNEOAT q OENLAC•GREOATE UMJTMPjU�ES PEN; POLICY JECT L—.J LOC OTHER: PndDUCTS. COMP/OPAOO f f AVTOMORM6 LIAa1LJTV ANVAUTO DENE) OCHMVLW ALNDo ONLY AUtOa Apx ONLY ANLLiVeeo OSpILY t a EaDaYWIURYJPv$.nonJ f aCORY WJIJRYWw.GadmB i ' a x UMRRELLAVAa BXCER9 UAR OCCUR A MSM ne EAON OCCVRRENCC AGGREGATE a De* lauREtENiNN1 i A WOAXERe COuPEN.YANON m" ANO EMPLOYERS' L"ILIT'Y YIN NJY PROPmET01MAATNE2£XECUI'NE p-�'T nFFICEluuEunaRIXctUaeDT (MMYd.IPry n HN) II nl. daunt, wgar OESCRPTIONOF OPEPANpNS palaw NIA 0099740.20 06118J2020 051iBJ2p21 91-WHAOSIOEFF a 1,000,000 E.I. WSeASE•EA eMPLOYEf I t.00D,D�p�----� EA.RIsme-POLICY-MIT a "mu.000 -^ DESCRIPTION OF OPERATIONS I LOCATIONS I YMCLES JADOPO Tel, AddNbwl R.meh. aoeYol., mvy es, alMtl,ad E men ap.0 1. "wh o The City of Santa Ms,. its 01110013, employees, agents, volunlows and toprssanlallves. 30 dsy nod" Of ConCillation With 1O day notice of euncallslion for nonpayment of premium per policy pmvfatun. c nva,ucn CANCELLATION -__-- SHOULD ANY Of THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOT10E WILL BE DELJVERE D W City of Santa Ana (The) ACCORDANCE WITH THE POLICY PROVISIONS. Rbk Management Dlvlsan 20 CIVIC Center Plate AVt110R1EE0 aEPREakNTArnE Santa Ann CA 02101 P. 012114-2013ACORD CORP ACORD 23 (2016J)3) The ACORD name and logo are registered marks O(ACORD 13Y Risk Mv4.%gJ jf Nt t)tUSS;t; h �1 J1J - 9 020 WI _I AI2t:�L Foslering Diversrry In Housing July 23, 2020 City of Santa Ana Risk Management Division 20 Civic Cen ter Plaza Santa Ana, CA 92701 RE: Contract #A-2019.094.02A and FY 2020.2022 -Auto insurance Requirement Release of Liability Dear Staff of the Risk Management Division: This letter regards provision X.2 of Contract #A-2019.094-02A and FY 2020-2022 for services performed under a CBDG funded grantissued bythe City of Santa Ana. Fair Housing Council of Orange County does not awn or operate any motorvehicles. Fair Housing Council of Orange County employees, participants or other agents working under this Agreement utilize their own automobile inthe performance of this agreement. As per provision X2 (page i2),Falr Housing Council of Orange County secures and maintains on rile self- certification of a utomobile insurance coverage from all such employees, participants or agents who work under this agreement. 2.Automobi le Liability Coverage. S U BR EC I PI ENT shall also obtain and maintain, during theaffective period of this Agreement, broadform automobile liability coverage with a $1MM00 limit unless reduced by CITY, which applies to both ownedtl eased and non -owned automobiles used by SUBRECI PIENT employees or participants in performance ofthis Agreement, or, tithe eventthat SUBRECI PIENTwill not utilize such owned/leased automobiles but Intends to require employees, participants or other agents to utilize their own automobiles inthe performance of this Agreement, S UBREC I PI ENT shall secure and maintain on file from all such employees, participants, Dragents as self - certification of automobile Insurance coverage. Governmental entities may provide proof of self- insurance. Fair Housing Council of Orange County hereby releases the City of Santa Ana of Automobile Liability. f you have any questions, please do not hesitate to contact our Chief Executive Officer, Denise Y.Cato at dcato@fairhoust ngoc.org Sincerely, FAIR NGCOUNCILOFORANGE COUNTY, INC REVIEWED & APPRO'l ( ShaGn a Farina (,oh 7 By Risk MAUAgFal Division, COBG Director ill 9 2011 L: 4m Street, Ste. 122, Santa Ann, CA 92705.3912 I-HANf INE K VILLAREAI- 1§168raakkellewOrfve,siteA,SaAfaAAa GA9270§ Phone: 7W6908231 Fax:714.8350281 website: vrvnv.fairhousi ngourg Francine 3 Digitally signed by Francine R. Villareal Villareal Date:2021.07.06 11:11:09 -07'00' ' DATE CERTIFICATE OF LIABILITY INSURANCE (mMnDonYYv) 06170/2021 THIS CERTIFICATE IS ISSUED AS A MAT -MR OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE. POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT. If the Certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement, A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement($). PRODUCER CONTACT Certificate Issuance Team NAME. Comprehensive Insurance Services PHONE exr (949) 709-8600 Ealc, No : (949) 709-1669 E-MAIL ADDRESS: mJeremy@thecoprehensiveinsurance.com 26429 Rancho Parkway South Suite 120 INSURERtSI AFFORDING COvlr.RAGE AtAIC rf Lake Forest CA 92630 1NSURER A : Nonpsofiis Insuranre Alliance of California 10023 INSDRED INSURER B : State Compensation insurance Fund 35076 Orange County Fair Housing I%SURFR t; . 2021 E. 4th St. Ste. 118 & 122 INSURER D : INSURER E: Santa Ana CA 92705 INSURER F . COVERAGES CERTIFICATE NUMBER- CL2161005236 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE REEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMC.IT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUZQECTTO ALLTHE TE4tMS, EXCLUSIONS AND CONDITIONS 01- SUCH POLICIES- LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. +UT R LTR TYPE OF INSURANCE INSDADDU WVQ p0l�rCYNLA48ER PO ICY EFF INMiDD1YYYY POLICY MMIDDIYYYY} LIMITS v C0MMFRC4ALG£NERALLIA50.,ITY EACHGCCURRENCE $ 1,000,000 EaCLAIM�MADE PREMIS ©ccrreLJ nce $ 5fl0,000 MED EXP (Any one Person) S 20,000 PERSCRAL%ADVINJURY s 1,000,000 A Y 2021-03733 0710112021 07)0112022 GEN'L AGGREGATE LIMIT APPLIES PER. GENERALAGGREGATE $ 3,000,000 L POLICY PRET X LOG � ,fEC FRODIICTS - COMPIOP AGG s 3,000,000 $ OTHER: AUTOMOBILE LIABILITY C(7A.}6lNEp SfNGLE LIMr T Ea accident S 1,000.000 60DILY INJURY (Per person) s ANY AUTO A QWNED SCHEDULED AUTOS ONLY AUTOS 2021-03733 07/0112021 0710112022 9ODILYINJURY (Per accident) S PROPERTY DAMAGE Pee accident NON -OWNED HIRED IX AUTOS ONLY AUTOS ONLY $ X 'JVBRELLAL{AB X OCCUR EACH OCCURRENCE 3 1,000,000 AGGREGATE $ 1,060,000 A EXCESS LIAB CU IMS MADE 2021-03733-UMB 0710112021 07/0112022 UED RETENTION $ $ 13 WORKERS COMPENSATION AND EMPLOYERS' LIABILJTY YIN ANY PROPRIETORIPARTNER!EXECUTNE N OFPICERIMEMBER EXCLUDECI? (Mandatory in NR) NIA 9099740-21 05/16/2021 05/16/2022 X PER STATLSLE ERH E.LF=ACHACCIDENT $ 1,000,000 E.L. DISFASE - EA EMPLOYEE $ 1,000,000 Ir yes, descrbt under DESCRIPTION OF OPERATIONS below E L DISEASE - POLICY LIMIT 1,000,fl00 A Imprpper Sexual Conduct Liability 2021-03733 07101/2021 0710112022 $1,000,000 Aggregate $1,000,0000cacLrrcenre DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES (ACORD 461, Addrtianai Remarks Sct ed-5e, may Pe attaehed if mare space is required) The City of Santa Ana, its officers, employees, agents, volunteers and representatives are included as Additional In5uled per attached endorsement NIAC E61. This insurance IS Primary and Non-contributory per endorsement NIAG E61. 30 day notice of cancellation with 10 day notice of cancellation for non-payment of premium per policy provision. City of Santa Ana Risk Management Divison 20 Civic Center Plaza Santa Ana ACORD 25 (2016103) CA 92701 CANC SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, N077CE WELL SE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Q 19$8-2015 ACORD The ACORD name and logo are registered marks of ACORD �oRaN RiskManagmentDivisian REVIEWED & APPROVED BY.- o z c of rRdiA.G+L.Z i1. Y1•.♦ 44"d Risk Management Analyst NONPROFITS INSURANCE Al I lAiNCr Or CALEF()PN1A A Bead far Insurance_ A Heart for Nonprofits. POLICY NUMBER: 2021-03733 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED PRIMARY AND NON-CONTRIBUTORY ENDORSEMENT FOR PUBLIC ENTITIES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: A. SECTION 11 — WHO IS AN INSURED is amended to include: 4. Any public entity as an additional insured, and the officers, officials, employees, agents and/or volunteers of that public entity, as applicable, who may be named in the Schedule above, when you have agreed in a written contract or written agreement presently in effect or becoming effective during the term of this policy, that such public entity and/or its officers, officials, employees, agents and/or volunteers be added as an additional insured(s) on your policy, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: a. Your negligent acts or omissions; or b. The negligent acts or omissions of those acting on your behalf; in the performance of your ongoing operations. No such public entity or individual is an additional insured for liability arising out of the sole negligence by that public entity or its designated individuals. The additional insured status will not be afforded with respect to liability arising out of or related to your activities as a real estate manager for that person or organization. B. SECTION III — LIMITS OF INSURANCE is amended to include: 8. The limits of insurance applicable to the public entity and applicable individuals identified as an additional insured(s) pursuant to Provision A.4. above, are those specified in the written contract between you and that public entity, or the limits available under this policy, whichever are less. These limits are part of and not in addition to the limits of insurance under this policy. C. With respect to the insurance provided to the additional insured(s), Condition 4. Other Insurance of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS is replaced by the following: 4. Other Insurance Primary Insurance This insurance is primary if you have agreed in a written contract or written agreement: (1) That this insurance be primary. If other insurance is also primary, we will share with all that other insurance as described in c_ below, or N IAC-E51 02 19 �oRaN 3 Risk MmRgzmerttDMsian REVIEWED & APPROVED BY.- r p +" Z vj&wd Risk Management Analyst NONPROFITS INSURANCE �W ALLIANCE Of CAL3r(.RNIA A Head far Insurance. A Heart for Nonprofits. POLICY NUMBER: 2021-03733 (2) The coverage afforded by this insurance is primary and non-contributory with the additional insured(s)' own insurance. Paragraphs (1) and (2) do not apply to other insurance to which the additional insured(s) has been added as an additional insured or to other insurance described in paragraph b. below. b. Excess Insurance This insurance is excess over: 1. Any of the other insurance, whether primary, excess, contingent or on any other basis: (a) That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work"; (b) That is fire, lightning, or explosion insurance for premises rented to you or temporarily occupied by you with permission of the owner; (c) That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises temporarily occupied by you with permission of the owner; or (d) if the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of SECTION I - COVERAGE A- BODILY INJURY AND PROPERTY DAMAGE. (e) Any other insurance available to an additional insured(s) under this Endorsement covering liability for damages which are subject to this endorsement and for which the additional insured(s) has been added as an additional insured by that other insurance. (1) When this insurance is excess, we will have no duty under Coverages A or B to defend the additional insured(s) against any "suit" if any other insurer has a duty to defend the additional insured(s) against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the additional insured(s)' rights against all those other insurers. (2) When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sure of: (a) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (b) The total of all deductible and self -insured amounts under all that other insurance. (3) We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. C. Methods of Sharing If all of the other insurance available to the additional insured(s) permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any other the other insurance available to the additional insured(s) does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. N I AC-E 61 02 19 Risk ManagmentDMsian REVIEWED & APPROVED BY.- r p +" Z vj&wd Risk Management Analyst