Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Women's Transitional Living 7
V AGREEMENT TERMINATION Please complete this form when the attached agreement is no longer in effect. 210S JUL 14 .4�1 8r 4 Return form to the Sr. Deputy Clerk of the Council (M-30). Call 647-523$ if you have a#2y ',, ; AN' questions. C L E _ E4 . The agreement withmgn was completed on i 4 14 . 0 (p and final payment has been made. Department: Signature: u Date: -7If 3 10 City of Santa Ana Revised 8-7-03 Clerk of the Council A-2005-078-049 INSURANCE N01 ON ';-,ILL WORK MAY NOT PROCEED CLERK OF COUNCIL DATE: 8/18/2005 5'05 AGREEMENT BETWEEN THE CITY OF SANTA ANA AND WOMEN'S TRANSITIONAL LIVING CENTER, INC FOR USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS (With Provisions Relating to Compliance with Title X and 24 CFR Part 35 Relating to Lead Based Paint) This Agreement, made and entered into this loth day of June, 2006, by and between the City of Santa Ana, a charter city and municipal corporation of the State of California ("CITY") and Women's Transitional Living Center, Inc.; a California nonprofit corporation ("SUBRECIPIENT"), WITNESSETH 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") Program, desires to enter 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"); and 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"); and C. The SUBRECIPIENT is a private nonprofit agency 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 B ("Scope of Work"). 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. E. Title X of the 1992 Housing and Community Development Act (Title X) established requirements relating to lead based paint ("LBP") in housing receiving federal assistance, in particular requirements relating to (i) notification (including pamphlet distribution, disclosure to purchasers and lessees, notice of lead hazard presumption or results of evaluation, and/or lead hazard reduction), (ii) lead hazard evaluation (including visual assessment, paint testing, and/or risk assessment), (iii) lead hazard reduction (including paint stabilization, interim controls, standard treatments, or abatement depending on the requirements for housing activity type), (iv) ongoing maintenance, if required, and (v) response to children with environmental intervention blood lead I 5;05 levels, as required; and F. On September 15, 1999 HUD adopted implementing regulations to Title X that became effective September 15, 2000 as set forth in 24 CFR Part 35, et seq. ("LBP Regs"), which establish specific rules regarding notification to owners and occupants about the existence of LBP hazards, identification of LBP hazards, and control of LBP hazards; and G. Residential structures built after January 1, 1978 are exempt from lead -based paint requirements as the use of lead -based paint was banned for use in residences after this date by Congress (24 CFR Part 35.115). Therefore, the Title X requirements set forth herein shall not be applicable if the structures involved were built after January 1, 1978. H. Subpart K - Acquisition, Leasing, Support Services, and Operation of the LBP Regs, sets forth specific requirements relating to housing providers, such as SUBRECIPIENT, who administer local programs that provide supportive housing for special needs populations and are funded by HUD Office of Community Planning and Development ("CPD") programs, including CDBG funds, as provided to SUBRECIPIENT under this Agreement; and I. In connection with the grant of funds under this Agreement, CITY requires that SUBRECIPIENT comply and evidence of compliance with all applicable requirements of Title X and the LBP Regs, in particular Subpart K relating to acquisition, leasing, support services, or operations, and Subpart J relating to rehabilitation, as and when applicable; and J. In connection with the grant of funds under this Agreement, CITY requires that SUBRECIPIENT comply and show evidence of compliance with all applicable requirements of Title X and the LBP Regs, in particular Subpart M relating to tenant based rental assistance, as and when applicable; and K. Attached and hereby fully incorporated to this Agreement are the following notification attachments: Attachment No. 1 entitled "Protect Your Family From Lead In Your Home", EPA747-K-99-001, Attachment No. 2 entitled "Sample Disclosure Format for Target Housing Sales, Disclosure of Information on Lead -Based Paint and Lead -Based Paint Hazards", and Attachment No. 3 entitled Sample Summary Risk Assessment Notice Format"; provided however, that such attachments are not intended to modify or limit SUBRECIPIENT'S obligation to fully comply with all applicable provisions of Title X and the implementing regulations in the LBP Regs; and L. By this Agreement SUBRECIPIENT will accept assignment from the CITY of all responsibilities set forth in Subpart K of the LBP Regs; and M. The CITY and SUBRECIPIENT have duly executed this Agreement for the expenditure of such funds; and 2 5'O5 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: 1. SUBRECIPIENT'S OBLIGATIONS A. Non -Profit Status - Representations and Warranties. (1) SUBRECIPIENT acknowledges that its operations and the services it provides to the community are subject to Subpart K (and, in some instance(s) Subpart J and/or Subpart M) of the LBP Regs. (2) SUBRECIPIENT acknowledges that its operations and the services it provides includes: (a) acquisition, leasing, or ownership of residential property for the purpose of providing affordable housing for persons with special needs, such as transitional housing, or (b) housing for persons with special needs, such as the disabled, or (c) financial assistance to assist transitional housing participants to move to permanent housing by paying for the first month's rent or security deposit, or (d) tenant -based rental assistance to program participants who choose their own housing units, and by provision of such services such housing is subject to the requirements of the LBP Regs. (3) Representations: (a) Authority. SUBRECIPIENT is a duly organized and existing non-profit 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 perfonmed 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, inclusive of compliance with the LBP REGS. Should SUBRECIPIENT discover any latent or unknown conditions materially differing from those inherent in the work or as represented by CITY, it shall immediately inform CITY of such fact and shall not proceed except at SUBRECIPIENT'S risk until written instructions are received from CITY'S representative. 5,05 (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. (t) 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 is not aware 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 affect performance of the Agreement or provision of services hereunder. (4) Compliance with Subpart K of LBP Regs. Subpart K — Acquisition, Leasing, Support Services, or Operation (a) SUBRECIPIENT acknowledges and agrees that it shall comply with and implement the requirements set forth in Title X and the LBP Regs to eliminate, as far as practicable, LBP hazards in all residential property that is under its ownership, possession, or control and/or residential property occupied by persons or families that receive financial or other assistance from SUBRECIPIENT. (b) SUBRECIPIENT shall provide a notice to all residents/occupants of residential property that is under its ownership, possession, or control and/or residential property occupied by persons or families that receive financial or other assistance from SUBRECIPIENT in accordance with Section 35.125 of the LBP Regs. (i) SUBRECIPIENT acknowledges that in connection therewith a visual assessment is not considered an evaluation for purposes of the LBP Regs. (c) Notification (24 CFR 35.130). SUBRECIPIENT shall provide the LBP hazard information pamphlet in accordance with Section 35.130 of the LBP Regs to all occupants, owners, and purchasers of housing. (i) The pamphlet shall be the EPA/HUD/Consumer Product Safety Commission lead hazard information pamphlet or an EPA -approved 5,05 equivalent. The current form and version of the pamphlet is attached as Attachment No. l to this Agreement. (it) SUBRECIPIENT shall cause to be disclosed to all purchasers and lessees available information and knowledge regarding the presence of LBP and LBP hazards prior to selling or leasing a housing unit in accordance with 24 CFR 35, Subpart A. The current form and version of such notice is attached as Attachment No. 2 to this Agreement. (iii) SUBRECIPIENT shall ensure that all occupants, owners, and purchasers of housing be notified in writing of the results of the presumption of LBP and/or LBP hazards, and results of any lead hazard evaluation, and any lead hazard reduction work in accordance with 24 CFR 35, Subpart A. The current form and version of such notice is attached as Attachment No. 3 to this Agreement. (d) Lead Hazard Evaluation (24 CFR 35.125). SUBRECIPIENT shall conduct all activities described in Section 35.1015 relating to visual assessment, paint stabilization, risk assessment, and maintenance with regard to all residential property that is under its ownership, possession, or control and/or residential property occupied by persons or families that receive financial or other assistance from SUBRECIPIENT, except for the exemptions described below in section 4 (d)(i)(1). (i) SUBRECIPIENT shall cause a visual assessment to identify deteriorated paint in all residential property that is under its ownership, possession, or control and/or residential property occupied by persons or families that receive financial or other assistance from SUBRECIPIENT. (I)Section 35.115(a) provides exemptions from Subparts B through R of the LBP Regs including without limitation, (a) short term emergency assistance lasting less than 100 days cumulatively is exempted from compliance with Subpart K as to such short term rental assistance units, and (b) exemption for zero -bedroom units, including SRO units, for which occupancy by a recipient of SUBRECIPIENT'S services is for less than 100 days, and (c) exemption for residential housing units constructed after January 1, 1978. (ii) To the extent that the assistance provided by SUBRECIPIENT to persons or households meets one or more of the exemptions set forth in the LBP Regs, then compliance with the notification, evaluation, reduction, clearance and other requirements of the LBP Regs is not required related to the subject housing unit due to such exemption. (iii) SUBRECIPIENT shall comply with the applicable provisions of both Subpart K and Subpart M (Tenant Based Rental Assistance) of the LBP Regs as to all tenant -based long term housing assistance, i.e., assistance to persons/households residing in housing units cumulatively for more than 100 days. If SUBRECIPIENT has knowledge that an assisted family or household will occupy a dwelling unit for more than 100 days, the LBP Regs 505 require evidence of compliance prior to occupancy. Funding to be provided hereunder is conditioned upon evidence of compliance. (1) Subpart M applies to all dwelling units occupied to be occupied by families or households that have one or more children of less than 6 years of age, as well as the common areas servicing such dwelling units, and exterior painted surfaces associated with such dwelling units or common areas. LBP compliance requirements relating to such dwelling units includes, without limitation: notification, evaluation by visual assessment, paint stabilization utilizing safe work practices, and clearance. (2) CITY advises SUBRECIPIENT that in the event the services provided hereunder include rental assistance payments, such as first and last month's rent and/or security deposit, and the assisted tenant executes a lease for long term occupancy, including occupancy in the same dwelling unit for more than 100 days, then the provisions of Subpart M (Tenant Based Rental Assistance), will apply (unless otherwise informed and directed by HUD). In this regard, CITY advises SUBRECIPIENT that Subpart M requires HQS inspection of each dwelling unit prior to occupancy and prior to compliance with applicable notification, evaluation by visual assessment, reduction through paint stabilization utilizing safe work practices, and clearance requirements of the LBP REGS. (c) Lead Hazard Reduction Work. SUBRECIPIENT shall cause LBP hazard reduction, such as paint stabilization, interim controls, standard treatments, or abatement of all residential property that is under its ownership, possession, or control and/or residential property occupied by persons or families that receive financial or other assistance from SUBRECIPIENT, except as exempted as described in subsection 4(d)(i)(1) above. (1) If paint stabilization occurs, SUBRECIPIENT shall cause paint stabilization of each deteriorated surface and clearance of residential units pursuant to Section 35.1330(a) and (b) shall occur before occupancy of a vacant dwelling unit, or where a unit is occupied, immediately after receipt of the CDBG FUNDS hereunder. (2) Safe Work Practices shall be used in all LBP hazard reduction work. (3) Clearance shall be conducted to confirm that no LBP hazards remain when LBP hazard reduction work is complete. Confirmation of clearance by written certification of a qualified inspector is required on an annual basis in connection with submittal of the April 15 quarterly report. (f) Ongoing Maintenance. SUBRECIPIENT shall incorporate ongoing LBP maintenance activities into regular building operations in accordance with Section 35.1355(a) for all residential property that is under its ownership, possession, or control and/or residential property occupied by persons or families that receive financial or other assistance from SUBRECIPIENT, except as exempted as described in subsection 4(d)(i)(1) above. 0 505 (1) Ongoing maintenance includes confirmation of clearance which shall be conducted to confirm that no LBP hazards remain when LBP hazard reduction work is complete. (2) Ongoing maintenance also includes confirmation of clearance by written certification of a qualified inspector on an annual basis in connection with submittal of the April 15 quarterly report. (3) A part of such ongoing maintenance obligation includes notification of the results of clearance confirmation and annual confirmation of clearance. a. SUBRECIPIENT shall cause to be provided a notice to all occupants of all residential property that is under its ownership, possession, or control and/or residential property occupied by persons or families that receive financial or other assistance from SUBRECIPIENT in accordance with Sections 35.125(b)(1) and (c), describing the results of the clearance examination and the results of annual certification. (g) Units Cleared Prior to Date of Agreement; Confirmation of Clearance. In the event the requirements of the LBP BEGS relating to lead hazard evaluation, lead hazard reduction, and lead hazard clearance have been completed on the subject dwelling units prior to the Date of Agreement, then the SUBRECIPIENT shall provide to the CITY with the April 15 quarterly report a certificate from a qualified inspector evidencing a recent inspection and confirmation of clearance of LBP and LBP hazards from the subject dwelling unit(s). 5. LBP Informational Summary. For purposes of information only and in no respect intended to be a representation or warranty of the provisions of the LBP REGS, the CITY has caused to be prepared an information summary relating to the LBP REGS and application to dwelling units that may be occupied by recipients of services and/or funding from SUBRECIPIENT under this Agreement. Attachment No. 4 to this Agreement, attached and hereby fully incorporated by this reference, is such information summary. CITY staff will cooperate with and make themselves available to SUBRECIPIENT to assist in implementation of compliance with the LBP REGS as to residential dwelling units to be assisted by SUBRECIPIENT. The parties acknowledge and agree the CITY is and shall not be liable or responsible for the accuracy of such summary, and the SUBRECIPENT is directed to the LBP REGS and implementing guidance published and provided by HUD relating to compliance with such LBP REGS. B. Amount of Grant and Quarterly Disbursement. The amount granted to SUBRECIPIENT is $5,000("CDBG FUNDS"), and such funds shall be expended by SUBRECIPIENT on or before June 30, 2006. 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 15th of the applicable funding year, as hereinafter more fully set forth. SUBRECIPIENT shall be 5'05 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. 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 B", 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 under Paragraph II hereof. D. Allowable Costs. SUBRECIPIENT agrees to complete said program on or before June 30, 2006 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. 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. 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 OMB Circular A-110 requirements. SUBRECIPIENT is not required to maintain separate depository accounts for CDBG FUNDS; provided however, the SUBRECIPIENT must be able to 8 5;05 account for receipt, obligation and expenditure of CDBG FUNDS pursuant to applicable OMB Circular A-1 10 requirements. H. Audit Report Requirements. SUBRECIPIENT agrees that if SUBRECIPIENT receives Three Hundred Thousand Dollars ($300,000.00) 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 October 1 of the year following the program year in which this Agreement is executed. Further, SUBRECIPIENT shall comply and/or cause compliance with audit report(s) required by applicable provisions of Title X and the LBP Regs. I. Record Keeping/Reporting. SUBRECIPIENT shall keep and maintain complete and adequate records and reports to assist CITY in meeting and maintaining its record keeping responsibilities under the CDBG REGS, Title X, and the LBP 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. 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 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. g. Documentation evidencing compliance with all applicable provisions of Title X and the LBP Regs, in particular Subpart K and, as applicable Subpart J and/or Subpart M. (i) Specific documentation, as required, evidencing compliance with all applicable provisions of such LBP Regs 505 including: (i) notification, including distribution of the lead hazard information pamphlet (Attachment No. 1), disclosure and notices of hazard evaluation and reduction (Attachments No. 2 and 3); (ii) evaluation of lead hazard(s), including paint testing and risk assessment; (iii) reduction of lead hazard(s), including safe work practices and clearance, and confirmation of clearance; and (iv) ongoing maintenance, as and if applicable for multifamily properties. (ii) In this regard SUBRECIPIENT shall track information on all persons/households assisted and the housing units assisted with the CDBG FUNDS. Attachment No. 5 hereto is a sample form for tracking persons/households and housing units assisted with the CDBG FUNDS. All categories of information set forth in such tracking form shall be prepared and submitted to the CITY with the April 15 quarterly report. (iii) In the event that such information and reports are not complete and reasonably satisfactory information submitted in order for CITY staff to review and evaluate compliance with applicable CDBG REGS and LBP Regs, then the final quarterly disbursement payment shall be withheld from the SUBRECIPIENT. (iv) Documentation of clearance confirmation as provided in Section L(l)(g) hereinabove. (2) Reports (i) 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 and true copies of invoices, receipts, agreements or other documentation supporting and evidencing how the CDBG FUNDS have been expended during the applicable quarter. (ii) Quarterly Activity Report: Including in such reports evidence of compliance with all applicable provisions of Title X and the LBP Regs, in particular Subpart K and, as applicable Subpart J, as further described in subsection (d) hereinafter, and Subpart M, if SUBRECIPIENT provides long term tenant -based rental assistance. SUBRECIPIENT agrees to provide CITY with written cumulative (year-to-date) reports of its activities on or before the 15th day of October, January, April and July for the 10 5,05 period beginning July 1, 2003 and through and including the previous three-month reporting period setting forth the activities, program accomplishments, new program information and year-to- date program statistics on expenditures, caseload and activities. When appropriate, pictures should be included. (iii) Any such other reports as CITY (or HUD) shall reasonably require and/or request, including but not limited to the following information: the receipt of program income [as defined at 24 CFR 570.500(a)] by SUBRECIPIENT in the operation of said program shall be recorded by SUBRECIPIENT and reported to CITY; monthly 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 and the number of female heads of households. (3) Recordkeeping of Ongoing Maintenance under the LBP Regs. If the services and program activities provided by SUBRECIPIENT hereunder establish an ongoing relationship with a property (such as long tenn tenant based rental assistance program [Subpart M] or transitional or permanent housing operated or administered by the SUBRECIPIENT), then the SUBRECIPIENT shall provide a report to the CITY evidencing that SUBRECIPIENT and/or the property owner(s), as applicable, has performed ongoing maintenance of the subject property. Ongoing maintenance shall include evidence of an annual clearance certification of the subject residential property conducted by a DHS certified technician to ensure that LBP hazard reduction measures are maintained. All maintenance activities shall be conducted to ensure the threat of LBP hazards is minimized. (4) Recordkeepin.g under the LBP Regs. The SUBRECIPIENT shall keep records of distribution of notifications, all visual assessment, evaluations, inspections, repairs, and any other lead hazard evaluation, reduction, safe work practices, and clearance activities. (a) The SUBRECIPIENT shall keep records evidencing distribution of all lead hazard information pamphlet(s). (b) The SUBRECIPIENT shall keep records evidencing each LBP evaluation report, LBP hazard reduction documentations, (such as job specifications), and all clearance or abatement report(s). (c) The SUBRECIPIENT shall keep ongoing maintenance records and records of relevant building operations for use during reevaluations of subject property for LBP and/or LBP hazards. I 5 05 1. Such records shall be maintained for not less than longer of (A) three (3) years after the activities cease or (B) the period required by applicable program regulations. Under the CDBG REGS records shall be retained for not less than four (4) years after the activities cease. 2. The SUBRECIPIENT shall provide a copy of any of the above records to the CITY or to HUD upon request of either or both. (d) Tracking Report. If the SUBRECIPIENT has provided, or is providing, rental assistance payments directed to a housing unit or housing units for more than 100 days, or it is anticipated that during the last quarter of funding that such rental assistance payment will be for more than 100 days, then the April 15 quarterly report shall contain information and evidence of compliance with the requirements herein relating to tracking of housing units, cumulative days of rental assistance, proper notifications to occupants and owners, HQS inspection, visual assessment, work write-up, stabilization and clearance of LBP and LBP hazards, if any. The proposed form of such tracking information is attached hereto as Attachment No. 5 and fully incorporated by this reference. In the event such April 15 quarterly report does not fully satisfy the reporting requirements set forth herein and in the LBP Regs, then the final installment payment of the CDBG FUNDS shall be withheld from disbursement to SUBRECIPIENT. J. Access to Records. CITY and the United State Government and/or their representatives 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/or their representatives 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 are 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 after completion of an audit in conformity with the CDBG REGS, except as hereinafter provided relating to retention of any records or documentation existing, created, or maintained in compliance with Title X or the LBP Regs. 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. All records relating to, 12 5N5 or created or maintained in compliance with, Title X and/or the LBP Regs shall be retained and maintained by SUBRECIPIENT indefinitely, including without limitation, all inspection report(s), disclosure statement(s), and clearance report(s). 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. Standing. 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 are rendered in its capacity as an independent contractor and that it is in no way an agency of CITY. 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 CITY of all such funds that were obtained/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. 13 5;05 R. Prohibited Use. SUBRECIPIENT hereby certifies and agrees that it will not use funds provided through this Agreement to pay for entertainment, meals or gifts. S. Lobbying. SUBRECIPIENT certifies that it will comply with federal law (31 U.S.C. 1352) and regulations found at 24 CFR Part 87, which provide that no appropriated funds may be expended by the recipient of a federal contract, grant, loan or cooperative agreement to pay any person for influencing or attempting to influence an officer or employee of any agency, Member of Congress, or an officer or employee of a Member of Congress in connection with awarding of any federal contract, the making of any federal grant or loan, entering into any cooperative agreement and the extension, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. SUBRECIPIENT shall sign a certification to that effect in a form as set forth in "Exhibit C," attached hereto and by this reference incorporated herein. SUBRECIPIENT shall submit said signed certification to CITY prior to performing any of its obligations under this Agreement and prior to any obligation arising on the part of CITY to pay any sums to SUBRECIPIENT under the terms and conditions of this Agreement. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit a "Disclosure Form to Report Lobbying," in accordance with its instructions (see C-I L. 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 agencies, or the SUBRECIPIENT. U. Davis -Bacon Act. All laborers and mechanics employed by contractors or subcontractors in the performance of construction work, including alterations and repairs, in excess of $2,000.00, financed in whole or in part with federal 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 276a - 276a-5. Any such construction contract shall include and comply with the required contract provisions and rules set forth in 29 C.F.R. §5.5. Further, the payroll reports (along with the "Statement of Compliance") and basic records are required to be maintained and submitted, or made available, pursuant to 29 C.F.R. §5.5(a)(3). No payment, advance, grant, loan or guarantee of funds shall be approved by the federal agency unless 14 505 there is on file with the agency a certification by the contractor that the contractor and its subcontractors have complied with the provisions of 29 C.F.R. §5.5.. A breach of the contract clauses in 29 C.F.R. §5.5 may be grounds for termination of the contract, and for debarment as a contractor/subcontractor, as provided in 29 C.F.R. §5.12. Labor standards interviews/investigations shall be made as necessary to assure compliance [29 C.F.R. §5.6(a)(3)]. V. Drug Free Workplace. SUBRECIPIENT certifies that it has established the following drug -free workplace policy: 1. The unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the workplace for any employee involved in a federally funded program. 2. As an employee working in conjunction with a federally funded program, the employees of SUBRECIPIENT will be required to: a) Abide by the terms above in statement 1. b) Notify appropriate officials of SUBRECIPIENT and CITY officials of any criminal drug statute conviction for a violation occurring in the workplace not later than five days after such conviction. 3. The United State Department of Housing and Urban Development will be notified within ten days after receiving notice of any such violation. 4. Within 30 days of receiving such notice, appropriate personnel action will be taken against such employee, up to and including termination. Each such employee shall be required 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. II. CITY'S OBLIGATIONS A. Payment of Funds. Upon execution of this Agreement by SUBRECIPIENT, CITY shall pay to SUBRECIPIENT from CDBG funds, when, if and to the extent received from HUD, for CITY's CDBG program year amounts expended by SUBRECIPIENT in carrying out said program for fiscal year pursuant to this Agreement up to a maximum aggregate payment of Five Thousand Dollars ($5,000) in installments determined by CITY. Payments shall be made to SUBRECIPIENT through the submission of invoices on a quarterly basis (October, January, April and July) in a form prescribed by CITY, detailing such expenses. CITY shall pay such invoices 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, and in compliance with Title X and the LBP Regs. 15 505 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 CFR 85.40(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 grants 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 SFR 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 the SUBRECIPIENT against goals and performance standards required herein. Substandard performance as determined by the CITY will constitute non-compliance with this Agreement. If action to correct such substandard performance is not taken by the SUBRECIPIENT within a reasonable period of time after being notified by the CITY, contract suspension or termination procedures will be initiated. III. NONDISCRIMINATION SUBRECIPIENT agrees that no person on the ground of race, age, color, national origin, religion or sex will be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with CDBG funds. IV. CONFLICT OF INTEREST Pursuant to the conflict of interest requirements set forth in 24 CFR 576.5 and OMB Circulars 1-102 and A-1107, SUBRECIPIENT agrees that no 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 570.2000): 16 5 OS 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. 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. VII. 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 P.O. Box 1988 Santa Ana, California 92702-1988 17 5 05 TO SUBRECIPIENT: Women's Transitional Living Center P.O. Box 6103 Orange, CA 92863 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 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 A. In accordance with the provisions of Section 3300 of the Labor Code, if SUBRECIPIENT has any employees it is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing performance of this Agreement, SUBRECIPIENT agrees to obtain and maintain employer's liability insurance with limits not less than $1,000,000 per accident. If SUBRECIPIENT has no employees, nor workers' compensation coverage, it must execute a Declaration available from the CITY, and update as is necessary. B. SUBRECIPIENT shall undertake self-insurance, or shall obtain, at its sole cost, a policy or policies of commercial general liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall: (1) name the City of Santa Ana, its officers, agents, representatives, employees and volunteers as additional insureds; (2) be primary with respect to 18 505 insurance or self-insurance programs maintained by the CITY; (3) contain standard separation of insureds provisions; and (4) give to CITY prompt and timely notice of claim made or suit instituted arising out of SUBRECIPIENT's operations hereunder. SUBRECIPIENT shall: (a) 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; (b) provide that such insurance shall not be materially changed or terminated except on 30 days prior written notice to the CITY; (c) maintain such insurance for the period covered by this Agreement; and (d) replace such certificates for policies expiring prior to the expiration of this Agreement. XI. 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)(8).] 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: 1. 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 A 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 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 24 CFR 85.32(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 19 505 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. XI1. TERMINATION 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 24 CFR 85.43, 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 perfonned 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. D. The grant of funds under this Agreement may be terminated for convenience in accordance with 24 CFR 85.44. 20 5,05 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. In the event this Agreement is terminated as set forth in subparagraphs XILA. through XII.E., 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. XIII. LIMITATION OF FUNDS 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. 21 505 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. VALIDITY 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. XVII. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow 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. c. No delay or omission by either party hereto to exercise any right or power accruing upon any noncompliance or default by the other party with respect to any of the terms of this Agreement shall impair any such right or power or be construed to be a waiver thereof. A waiver by either of the parties hereto of any of the covenants, conditions, or agreements to be performed by the other shall not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or agreement herein contained. 22 5 05 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the last date and year written below. ATTEST: / PATRICIA E. HEALY Clerk of the Council APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: LISA E. STORCK Assistant City Attorney DATE: CITY OF SANTA AN DAVID N. REA City Manager SUBRECIPIENT: Title: Executive Director Tax ID: 51-0201813 23 CITY OF SANTA ANA Community Development Block Grant Scope of Work Annual Accomplishment Goal I. Total number of clients anticipated to be served during 12-month contract period = 575 PERSONS II. Number of unduplicated Santa Ana residents to be served with grant funds during the 12-month contract period = 125 PERSONS III. Indicate below one City performance outcome that the sub -recipient will be tracking with a check mark in the appropriate box. HOMELESS NEEDS 0 0 Activity/ Proram Outcome Tracking Goal Homelessness Track assisted individuals who 50% of assisted individuals and Prevention retained their housing or households will retain their utilities for at least 6 months housing or utilities for at least 6 after assistance was provided. months after assistance is provided. Emergency Shelter Track individuals who received 50% of individuals/households support services that were that are provided with linked to one or more emergency shelter will transition additional support service to interim housing (i.e., and/or a propriate housing. transitional housing). Transitional Track homeless individuals 5% of homeless individuals Housing who participated in participating in transitional transitional housing program housing program will be placed that were placed in permanent in permanent housing. housing. Supportive Services Track individuals who received 50% of individuals/families support services that were receiving support services will linked to one or more be linked to one or more additional support service additional support service and/or appropriate housing. and/or appropriate housing. IV. Description of Work — in space below, describe the program to be funded during the 12-month contract period including, services to be provided, program goals, client characteristics 8s how grant funds will be utilized. WTLC's Independence from Dependence program will provide supportive services such as education, direct client services (case management, translation, transportation, etc.), counseling and treatment for victims of domestic violence and their children. The overall goals of the program will be to increase knowledge in the areas of domestic violence, substance abuse, and available resources; an increase in self-esteem and utilization of resources; and a decrease in substance abuse, depression and anxiety. Grant funds will be utilized to partially pay the salary of a bilingual case manager. Ex. A Schedule of Performance Estimate the number of unduplicated Santa Ana residents to be served during the 12-month contract period per quarter: Quarter 1: July 1 - September 30 31 Persons Quarter 2: October 1 - December 31 31 Persons Quarter 3: January 1 - March 31 31 Persons Quarter 4: April 1 - June 30 32 Persons Invoicing Schedule Estimate the amount of grant funds to be requested during the 12-month contract period on a quarterly basis: Quarter 1: July 1 - September 30 $1,250 Quarter 2: October 1 - December 31 $1,250 Quarter 3: January 1 - March 31 $1,250 Quarter 4: April 1 - June 30 $1,250 TOTAL $5,000 EXHIBIT A 2005-2006 CITY OF SANTA ANA COMMUNITY DEVELOPMENT BLOCK GRANT FINAL PROGRAM BUDGET Organization Name: Women's Transitional Living Center, Inc. (WTLC) Program Name: Independence from Dependence Program Year: 2005 — EXPENDITURES SANTA ANA CDBG OTHER TOTAL PROGRAM CATEGORY GRANT RESOURCES BUDGET Administrative Staff Salaries & Benefits $0 $275,304 $275,304 Program Staff Salaries & Benefits $5,000 $811,233 $816,233 Office Supplies $0 $16,400 $16,400 Rent/Lease $0 $0 $0 Communications $0 $17,950 $17,950 Utilities $0 $28,020 $28,020 Contractual/Professional Services Please Specify) $0 $21,000 $21,000 Insurance $0 $24,302 $24,302 Other (Please Specify) 1. Maintenance/Security $0 $24,500 $24,500 2. Equipment $0 $15,400 $15,400 3. Shelter supplies $0 $26,500 $26,500 toilet paper, soap, etc. TOTAL $5,000 $1,260,609 $1,265,609 OTHER PROGRAM RESOURCES ACTUAL FUNDING SOURCE AMOUNT State Grants (MCH, OES $455,565 Federal Grants HUD $ 60,189 Local Grants CDBG, ESG, Count $180,000 —Foundations/Corporations $195,000 Program Revenue (restitution/program income $234,811 Private Donations $135,044 TOTAL $1,255,609 1:0:11-ilid I Name of Organization: Women's Transitional Living Center, Inc. (WTLC) CDBG FUNDED PERSONNEL ADMINISTRATIVE STAFF Position Title Annual Salary Annual Benefits Total Compensation CDBG Funds Requested % of Time Position is Dedicated to Program n/a PROGRAM STAFF Position Title Annual Salary Annual Benefits Total Compensation CDBG Funds Requested % of Time Position is Dedicated to Program Bilingual Case Mgr. $26,117 $8,193 $34,310 $5,000 15% CONTRACT PERSONNEL Position Title Annual Salary Annual Benefits Total Compensation CDBG Funds Requested % of Time Position is Dedicated to Program n/a Certification Regarding Lobbying Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contact, grant, loan or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontract, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. rL L ��S /�� Dei Grantee/Contactor Organization Program Titt6/ EXHIBIT C Page 1 of 2 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 C Page 2 of 2 REQUEST FOR 40 COUNCIL ACTION CITY COUNCIL MEETING DATE: MARCH 7, 2005 TITLE: PUBLIC HEARING - COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FISCAL YEAR 2005-2006 a� - CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED LM�� ' As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUEDTO M �-Q5 FILE NUMBER A-2005-078-049 1. Approve the proposed fiscal year 2005-2006 Community Development Block Grant Program. 2. Authorize the City Manager to submit the approved program to the United States Department of Housing and Urban Development for the City's fiscal year 2005-2006 allocation of Community Development Block Grant funds, and execute the grant agreement with the United States Department of Housing and Urban Development. 3. Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute agreements with nonprofit agencies and/or subrecipients awarded funds as part of the approved program. HUMAN RELATIONS COMMISSION RECOMMENDATION Direct staff to transmit the Human Relations Commission's funding recommendations for fiscal year 2005-2006 Community Development Block Grant Social Services Programs to the City Council. By a vote of 9:0 at its Regular Meeting of February 14, 2005. DISCUSSION Since fiscal year 1974-1975, Santa Development Block Grant (CDBG) funds neighborhoods, eliminate blight and These funds have been used for a Ana has received annual Community to improve low- and moderate- income create a more stable economic base. diverse range of programs including Public Hearing - CDBG Program FY 05-06 March 7, 2005 Page 2 housing, street improvements, parks and public works improvements, social services, historic preservation and community services. The City's entitlement for fiscal year 2005-2006 will be $7,910,023. No more than 15 percent of this entitlement may be used for social service programs. The proposed CDBG program and budget for fiscal year 2005-2006 reflect the culmination of a process that solicited proposals from outside organizations and City agencies for the use of the annual entitlement. Invitations to apply for funds were distributed to 160 organizations in September 2004. Staff then met with the Human Relations Commission (HRC) in its capacity as the CDBG Citizen Advisory Board to review the applications and conduct three public hearings held on January 18, 20, and 25, 2005 in the City Council Chambers. Following the public hearings, staff met again with the HRC to draft a recommended social service program and budget for City Council consideration. The proposed fiscal year 2005-2006 CDBG program and budget (Exhibit 1) consists of the Commission's recommendations for social service funding and staff's funding recommendations for the remainder of the program, including capital projects, code enforcement and program administration. Exhibit 2 consists of the HRC ranking and funding recommendations for the social service programs. The City Council public hearing will provide another opportunity for public input and the completion of the process necessary to submit our locally approved program to HUD. FISCAL IMPACT Approval of the recommended action will authorize the City Manager to submit the approved program to HUD and to execute a grant agreement, which will result in the City's CDBG letter of credit being augmented by $7,910,023. These funds will be available for the approved program effective July 1, 2005. Executive Community Director Development PCT/NTE/mlr Agency H:\ACTIONS\2005 CC\PH - CD5GProgFY2005-2006 3-7-05.doc APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency�� J CITY OF SANTA ANA &006 HRC PUBLIC SERVICE GRANT RECOMMEND BY TAB ORDER SERVICE SERVICE 05-06 AMT. HRC TAR APPLICANT NAME PROVH)ED CATEGORY REQ. RECOMM'D GRANT I Academia Comm. Learning Center Education Youth $20,000 0 2 Achievement Institute Education Youth $8,600 0 3 AIDS Services Foundation Medical Adult & Family $10,000 0 4 Assistance League of Santa Ana Clothing Youth $25,000 17,000 5 Blind Children's Learning Center counseling Youth $25,000 18,000 6 Bowers Museum Education Youth $10,000 0 7 Boys & Girls Club of Santa Ana Recreation Youth $45,000 29,000 8 California Elwyn mpymnt. Asst. Adult & Family $17,700 0 9 Cambodian Family Education Youth $45,000 18,000 10 Camp Fire USA volunteer Youth $15,000 6,000 11 C.A.R.E. Counseling omestic Violence Adult & Family $15,000 0 12 Career Beginnings of O.C. Education Youth $20,000 14,000 13 Casa de Salud Family Health Clinic Nutrition Adult & Family $75,000 15,000 14 Centro Cultural de Mexico Education Youth $22,500 0 15 Colette's Children's Home Shelter Housin Shelter $23,800 0 16 Community Service Programs(CSP) Shelter Youth $25,000 0 17 Council on Aging - Linkages Medical Senior Citizens $15,000 6,000 18 Dayle McIntosh Center Emplymm. Asst. Adult & Family $15,707 14,000 19 Delhi Center Recreation Senior Citizens $20,423 0 20 Betty Shabazz Delta Academy Education Youth $6,500 0 21 Families Together of Orange County Education Adult & Family $20,000 9,000 22 Feedback Foundation Nutrition Senior Citizens $60,000 31,000 23 Hope Community Services, Inc. counselin Youth $48,990 7,000 24 Hotline of Southern California counselin Adult & Family $5,000 5,000 25 Human Options Uomestic Violence Youth $20,000 18,000 26 Paul McNeff Kidsingers Recreation Youth $20,000 9,000 27 Latino Psychological & Soc. Srvcs. counseling Youth $72,950 0 28 Latino Youth Leadership Institute counselin Youth $48,400 10,000 29 Legal Aid Society of Orange County Legal Adult & Family $7,500 6,000 30 Lighthouse Learning Center Education Adult & Family $20,000 16,000 31 Mariposa Women's Center counseling Adult 8 Family $10,000 7,000 32 MOMS prenatal Adult & Family $71,947 0 33 Mercy House Transitional Living Ctr - Joseph & Regina Shelter Housin /Shelter $60,000 16,000 34 Mexican American Opportunity Fndtn. Recreation Youth $20,714 10,000 35 National Council on Alcoholism & Drug (Drug Court) counselin Adult 8 Famil $22,158 15,000 36 National Heritage Recreation Youth $25,000 0 37 Orange Coast Interfaith Shelter Shelter Housing/ShelterHousing/Shelterl $25,000 0 Exhibit 1 1 CITY OF SANTA ANA &006 HRC PUBLIC SERVICE GRANT RECOMMEND BY TAB ORDER TAB APPLICANT NAME SERVICE SERVICE 05-06 HRC RECOMM'D PROVIDED CATEGORY REQ. GRANT 38 Orange County Bar Foundation -Shortstop counseling Adult & Family $20,000 13,000 39 Orange County Bar Foundation -Addiction counseling Adult & Family $10,000 11,000 40 Orange County Children's Therapeutic Arts Center Recreation Youth $25,000 12,000 41 Orange County Council, BSA (Learning for Life) counseling Youth $50,000 0 42 Orange County Crazies Recreation Youth $25,000 6,000 43 Orange County on Track counseling Youth $20,000 0 44 Orange County Teen Challenge Education Youth $9,500 9,000 45 Orange County Youth & Family Services counseling Youth $60,338 0 46 Orange County Youth Commission Recreation Youth $14,500 7,000 47 .Phoenix House Orange County, Inc. Recreation Youth $13,803 9,000 48 PRCSA - McFadden Learning & Tech. Ctr. Education Youth $141,102 90,000 49 PRCSA - Project Pride Education Youth $215,434 198,000 50 Relampago del Cielo Recreation Youth $8,000 0 51 Saint Joseph Ballet Recreation Youth $50,000 41,000 52 Santa Ana Education Foundation Education Youth $25,000 0 53 Santa Ana Friends for the Animals Spay/Neuter Animal $9,500 0 54 Santa Ana Police Dept - Helicopter Program Crime Prevention Adult & Family $406,245 154,000 55 Share Our Selves Medical Adult & Family $35,000 10,000 56 S. CA College of Optometry Medical Adult & Family $53,100 15,000 57 Southwest Minority Economic Development Association Homelessness Adult & Family $12,000 10,000 58 Taller San Jose Emplymnt. Asst. Adult & Family $55,150 34,000 59 Think Together Education Youth $10,000 5,000 60 Thomas House Temporary Shelter Shelter Housin /Shelter $30,000 15,000 61 TKO Boxing Club Recreation Youth $15,000 13,000 62 Vietnamese Community of Orange County counseling Youth $67,091 15,000 63 Volunteer Center of Orange County volunteer Senior Citizens $10,000 0 64 Williamson Institute Shelter Housinq/Shelterl $35,000 14,000 65 WISE Place Shelter Housin /Shelter $13,500 12,000 66 Women Helping Women Emplymnit. Asst. Adult & Family $10,000 5,000 67 Women's Transitional Living Center (WTLC) Sheller Housin /Shelter $40,189 6,000 68 YMCA Orange County counseling Adult & Family $10,000 0 $2,517,341 $1,000,000 Exh,bd 1 2 PROPOS 05.06 COMMUNITY DEVELOPMENT K GRANT NON IAL SERVICE PROGRAM FUNDING R UESTS 2004-05 2005-06 2005-06 STAFF TAB APPROPRIATION REQUEST RECOMMENDATION Administration & Planning 69 Administration $ 835,000 $ 785,000 $ 785,000 70 Fair Housing Council of Orange County 68,990 69,984 69,985 71 General Planning 100,000 235,000 235,000 Total Administration & Planning $ 1,003,990 $ 1,089,984 $ 1,089,985 Obligations 72 Section 108 Loan Repayment -- Police Holding Facility 1,902,680 1,892,815 1,892,815 Total Obligations $ 1,902,680 $ 1,892,815 $ 1,892,815 Capital Improvements 73 Fire Equipment $ 1,368,200 $ 777,000 $ 777,000 Parks and Recreation -- 74 Delhi Park Improvements 300,000 435,000 435,000 Public Works -- 75 Delhi Neighborhood Street Improvements 400,000 535,000 535,000 Total Capital Improvements $ 2,068,200 $ 1,747,000 $ 1,747,000 Code Enforcement 76 Code Enforcement $ 1,995,260 $ 1,795,260 $ 1,795,260 Total Code Enforcement $ 1,995,260 $ 1,795,260 $ 1,795,260 Historic Preservation 77 Episcopal Church of the Messiah $ $ 35,000 $ 35,000 Total Historic Preservation $ - $ 35,000 $ 35,000 Housing Rehabilitation 78 Rebuilding Together O.C. $ 15,000 $ 26,000 $ 26,000 79 Multi -Family Rehab Loans 123,470 323,963 323,963 Total Housing Rehabilitation $ 138,470 $ 349,963 $ 349,963 Total Nonsocial Services Request $ 6,910,022 TOTAL NONSOCIAL SERVICE RECOMMENDED FUNDING $ 6,910,023 Social Service Requests $ 1,000,000 TOTAL 05/06 CDBG GRANT $ 7,910,023 Exhibit 1 3 CITY OF SANTA ANA �006 HRC PUBLIC SERVICE GRANT RECOMMEND BY RATING ORDER TAB APPLICANT NAME SERVICE SERVICE ARE RC 05-06 AMT. RECOC PROVIDED CATEGORY RATE REQ. GRANT 40 Orange County Children's Therapeutic Arts CenterRecreation Youth 8.6 $25,000 12,000 24 Hotline of Southern California counselingAdult & Family8.6 $5,000 5,000 38 Orange County Bar Foundation -Shortstop counseling Adult & Family 8.4 $20,000 13,000 39 Orange County Bar Foundation -Addiction counseling Adult & Family 8.4 $10,000 11,000 60 Thomas House Temporary Shelter Shelter Housing/Shelter 8.4 $30,000 15,000 30 Lighthouse Learning Center Education Adult & Family 8.4 $20,000 16,000 48 PRCSA - McFadden Learning & Tech. Ctr. Education Youth 8.3 $141,102 90,000 58 Taller San Jose mp ymnt. Asst. Adult & Family 8.3 $55,150 34,000 9 Cambodian Family Education Youth 8.1 $45,000 18,000 1 Academia Comm. Learning Center Education Youth 8.0 $20,000 0 7 Boys & Girls Club of Santa Ana Recreation Youth 8.0 $45,000 29,000 29 Legal Aid Society of Orange County Le al Adult & Family 8.0 $7,500 6,000 44 Orange County Teen Challenge Education Youth 8.0 $9,500 9,000 49 PRCSA - Project Pride Education Youth 8.0 $216,434 198,000 51 Saint Joseph Ballet Recreation Youth 8.0 $50,000 41,000 61 TKO Boxing Club Recreation Youth 8.0 $15,000 13,000 65 WISE Place Shelter Housing/Shelter 8.0 $13,500 12,000 18 Dayle McIntosh Center mp ymnt. Asst. Adult & Family 7.9 $15,707 14,000 31 Mariposa Women's Center counseling Adult &Family 7.9 $10,000 7,000 47 Phoenix House Orange County, Inc. Recreation Youth 7.9 $13,803 9,000 4 Assistance League of Santa Ana Clothing Youth 7.9 $25,000 17,000 13 Casa de Salud Family Health Clinic Nutrition Adult & Family 7.8 $75,000 15,000 25 Human Options omestic Violence Youth 7.7 $20,000 18,000 34 Mexican American Opportunity Fndtn. Recreation Youth 7.7 $20,714 10,000 62 Vietnamese Community of Orange County counseling Youth 7.6 $67,091 15,000 12 Career Beginnings of O.C. Education Youth 7.6 $20,000 14,000 20 Betty Shabazz Delta Academy Education Youth 7.6 $6,500 0 28 Latino Youth Leadership Institute counseling Youth 7.6 $48,400 10,000 22 Feedback Foundation Nutrition Senior Citizens 7.5 $60,000 31,000 55 Share Our Selves Medical Adult & Family 7.5 $35,000 10,000 56 S. CA College of Optometry Medical Adult & Family 7.4 $53,100 15,000 21 Families Together of Orange County Education Adult & Family 7.4 $20,000 9,000 57 Southwest Minority Economic Development Association Homelessness Adult & Family 7.3 $12,000 10,000 2 Achievement Institute Education Youth 7.1 $8,600 0 42 Orange County Crazies Recreation Youth 7.1 $25,000 6,000 35 National Council on Alcoholism & Drug (Drug counseling Adult & Family 7.1 E1,$22,158 15,000 17 Council on Aging - Linkages Medical Senior Citizens 7.0 1 $15,000 6,000 Exhibit 2 1 CITY OF SANTA ANA �006 HRC PUBLIC SERVICE GRANT RECOMMEND BY RATING ORDER TAB APPLICANT NAME SERVICE SERVICE AVE 05-06 AA1T. RECOMM'D URC PROVIDED CATEGORY RATE REQ. GRANT 26 Paul McNeff Kidsingers Recreation Youth 7.0 $20,000 9,000 46 Orange County Youth Commission Recreation Youth 7.0 $14,500 7,000 64 Williamson Institute Shelter Housing/Shelter 7.0 $35,000 14,000 5 Blind Children's Learning Center counselin Youth 6.9 $25,000 18,000 50 Relampago del Cielo Recreation Youth 6.9 $8,000 0 23 Hope Community Services, Inc. counselin Youth 6.9 $48,990 7,000 59 Think Together Education Youth 6.8 $10,000 5,000 67 Women's Transitional Living Center(WTLC) Shelter Housing/Shelter 6.8 $40,189 6,000 66 Women Helping Women mp ymnt. Asst. Adult & Family 6.6 $10,000 5,000 10 Camp Fire USA volunteer Youth 6.6 $15,000 6,000 33 Mercy House Transitional Living Ctr - Joseph & Shelter Housin /Shelter 6.6 $60,000 16,000 53 Santa Ana Friends for the Animals Spay/Neuter Animal 6.5 $9,500 0 6 Bowers Museum Education Youth 6.4 $10,000 0 16 Community Service Programs(CSP) Shelter Youth 6.4 $25,000 0 36 National Heritage Recreation Youth 6.4 $25,000 0 45 Orange County Youth &Family Services counseling Youth 6.4 $60,338 0 54 Santa Ana Police Dept - Helicopter Program Crime Prevention Adult & Family 6.4 $406,245 154,000 32 MOMS rental Adult & Family 6.1 $71,947 0 11 C.A.R.E. Counseling omestic Violence Adult & Family 6.0 $15,000 0 52 Santa Ana Education Foundation Education Youth 6.0 $25,000 0 68 YMCA Orange County counselin Adult & Family 6.0 $10,000 0 41 Orange County Council, BSA (Learning for Life) counseling Youth 5.9 $50,000 0 27 Latino Psychological & Soc. Srvcs. counseling Youth 5.8 $72,950 0 15 Colette's Children's Home Shelter Housing/Shelter 5.3 $23,800 0 43 Orange County on Track counseling Youth 5.1 $20,000 0 19 Delhi Center Recreation Senior Citizens 2.1 $20,423 0 63 Volunteer Center of Orange County volunteer Senior Citizens 1.5 $10,000 0 3 AIDS Services Foundation Medical Adult & Family 0.9 $10,000 0 37 Orange Coast Interfaith Shelter Shelter Housin /Shelter 0.9 $25,000 0 8 California Elwyn tmPlymnt. Asst. Adult & Family 0.0 $17,700 0 14 Centro Cultural de Mexico Education Youth 0.0 $22,50n 0 $2,517,341 $1,000,000 e+h,b0 2 2 NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) REPORTS BUSINESS CALENDAR 65.A. 4TH DISTRICT COURT OF APPEAL STATUS REPORT — City Manager David Ream, City Manager, briefed the Council on the steps taken to ensure that the 4t' District Court of Appeal remains in the City of Santa Ana. PUBLIC HEARINGS 75.A. PUBLIC HEARING — COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FISCAL YEAR 2005-2006 Continued from the March 7, 2005 City Council Meeting by a vote of 7-0 Public hearing held and closed on March 7, 2005 Public hearing regarding the proposed Community Development Block Grant (CDBG) Program and Budget for Fiscal Year 2005-2006 Legal Notice published in the Orange County Register, La Opinion, and Nguoi Viet on February 21, 2005 Vivian Clecak representing Human Options; Larry Haynes representing Mercy House Transitional Living Center; Peggy Weatherspoon and Suzie Gulick representing Feedback Foundation; and, Stacey Physioc representing Paul McNeff Singers spoke in support of funding for their respective organizations. Motion: 1. Approve the proposed fiscal year 2005-2006 Community Development Block Grant Program. CITY COUNCIL MINUTES 12 APRIL 4, 2005 PUBLIC HEARINGS 5 Blind Children's Learning Center $18,000 iM y�it $18,000 6 Bowers Museum $0 $5,000 $5,000 7 Boys & Girls Club of Santa Ana $29,000 $29,000 8 California Elwyn $0 $0 9 Cambodian Family $18,000 $18,000 10 Camp Fire USA $6,000 -$1,000 $5,000 11 C.A.R.E. Counseling $0 $0 12 Career Beginnings of O.C. $14,000 $14,000 13 Casa de Salud Family Health Clinic $15,000 -$2,000 $13,000 14 Centro Cultural de Mexico $0 $10,000 $10,000 15 Colette's Children's Home $0 $0 16 Community Service Programs (CSP) $0 $0 17 Council on Aging - Linkages $6,000 $6,000 18 Dayle McIntosh Center $14,000 $14,000 19 Delhi Center $0 $5,000 $5,000 20 Betty Shabazz Delta Academy $0 $0 21 Families Together of Orange County $9,000 -$4,000 $5,000 22 Feedback Foundation $31,000 $14,000 $45,000 23 Hope Community Services, Inc. $7,000 -$7,000 $0 24 Hotline of Southern California $5,000 $5,000 25 Human Options $18,000 $2,000 $20,000 26 Paul McNeff Kidsingers $9,000 $1,000 $10,000 27 Latino Psychological & Soc. Srvcs. $0 $0 28 Latino Youth Leadership Institute $10,000 $10,000 29 Legal Aid Society of Orange County $6,000 $6,000 30 Lighthouse Learning Center $16,000 $16,000 31 Mariposa Women's Center $7,000 -$1,000 $6,000 32 MOMS $0 $0 33 Mercy House Transitional Living Ctr Joseph & Regina $16,000 $3,000 $19,000 34 Mexican American Opportunity Fndtn. $10,000 -$1,000 $9,000 35 -Drug National Council on Alcoholism & (Drug Court $15,000 $5,000 $20,000 36 National Heritage $0 $5,0001 $5,000 37 Orange Coast Interfaith Shelter $0 $0 CITY COUNCIL MINUTES 13 APRIL 4, 2005 • PUBLIC HEARINGS t Orange County Bar Foundation- gj IBM $13,000 I sii d $13,000 38 -Shortstop 39 Orange County Bar Foundation - Addiction $11,000 -$6,000 $5,000 40 Orange County Children's Therapeutic Arts Center $12,000 $12,000 41 Orange County Council, BSA (Learning for Life $0 $0 42 Orange County Crazies $6,000 $4,000 $10,000 43 Orange County on Track $0 $4,000 $4,000 44 jorange County Teen Challenge $9,000 $500 $9,500 45 Orange County Youth & Family Services $0 $0 46 Orange County Youth Commission $7,000 $7,000 47 Phoenix House Orange County, Inc. $9,000 -$9,000 $0 48 PRCSA - McFadden Learning & Tech. Ctr. $90,000 -$9,000 $81,000 49 PRCSA - Project Pride $198,000 $198,000 50 Relampago del Cielo $0 $0 51 Saint Joseph Ballet $41,000 $4,000 $45,000 52 Santa Ana Education Foundation $0 $0 53 Santa Ana Friends for the Animals $0 $0 54 Santa Ana Police Dept - Helicopter Pro ram $154,000 $50,875 $204,875 55 Share Our Selves $10,000 $10,000 56 S. CA College of Optometry $15,000 -$7,500 $7,500 57 Southwest Minority Economic Development Association $10,000 $10,000 58 Taller San Jose $34,000 $34,000 59 Think Together $5,000 $5,000 60 Thomas House Temporary Shelter $15,000 $15,000 61 TKO Boxing Club $13,000 $13,000 62 Vietnamese Community of Orange Countv $15,000 $15,000 63 Volunteer Center of Orange County $0 $0 64 Williams Institute $14,000 $6,0001 $20,000 65 IWISE Place $12,000 $5001 $12,500 CITY COUNCIL MINUTES 14 APRIL 4, 2005 PUBLIC HEARINGS 66 lWomen Helping Women $5,0001 1 $5,000 67 �Women's Transitional Living Center WTLC $6,000-$1,000 $5,000 68 YMCA Orange County $0 1 $0 Total Social Services: $1,000,000 $76,375 $1,076,375 NON-SOCIAL SERVICE PROGRAMS 69 lAdministration $785,000 $0 $785,000 70 Fair Housing Council of Orange County $69,985 $0 $69,985 71 General Planning $235,000 $0 $235,000 Total Administration & Planning: $1,089,985 $1,089,985 73 IFire Equipment $777,000-$76,375 $700,625 74 Parks & Recreation - Delhi Park Improvements $435,000 $435,000 75 Public Works -Delhi Neighborhood Street Improvements $535,000 $535,000 Total Capital Improvements: $1,747,000-$76,375 $1,670,625 � 3 was= t C 76 Code Enforcement $1,795,260 $1,795,260 Total Code Enforcement: $1,795,260 $1,795,260 CITY COUNCIL MINUTES 15 APRIL 4, 2005 PUBLIC HEARINGS 77 lEpiscopal Church of the Messiah $35,0001 1 $35,000 78 Rebuilding Together O.C. $26,000 1 $26,000 79 Multi -Family Rehab Loans $323,963 1 $323,963 Total Housing Rehabilitation: $384,963 $384,963 TOTAL NONSOCIAL SERVICE RECOMMENDED FUNDING $6,833,648 TOTAL SOCIAL SERVICE RECOMMENDED FUNDING $1,076,375 TOTAL CDBG PROGRAM BUDGET $7,910,023 2. Authorize the City Manager to submit the approved program to the United States Department of Housing and Urban Development for the City's fiscal year 2005-2006 allocation of Community Development Block Grant funds, and execute the grant agreement with the United States Department of Housing and Urban Development. 3. Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute agreements. AGMT NO. 2005-078 - With nonprofit agencies and/or sub -recipients awarded funds as part of the approved program. MOTION: Christy SECOND: Bist VOTE: AYES: Alvarez, Bustamante, Pulido, Bist, Christy, Garcia, Solorio (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 75.13. ADELPHIA CABLEVISION OF SANTA ANA, LLC. FRANCHISE RENEWAL Legal notice published in the O.C. Reporter on March 18, 2005 Motion: Continue the item to April 18, 2005 at the request of staff. CITY COUNCIL MINUTES APRIL 4, 2005 ACaRD,, CERTIFICATF lF LIABILITY INSURAN'' DATE 04/13/D2005) 04/13/2005 PRODUCER (310)393-9477 FAX (31.,,393-7186 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION White & Company Insurance Inc ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P 0 Box 70 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW Santa Monica, CA 90406-0070 INSURED Women Transitional Living PO Box 6103 Orange, CA 92863 COVERAGES INSURERS AFFORDING COVERAGE INSURERA: Philadelphia Ins Co INSURER B. INSURER C. INSURER D: INSURER E: NAIC # •� n„vt OLEN Ibsutu 1 U I HE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENTTERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INSR INSREADD1 TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE aiM/nUDYj 04/04/2005 POLICY EXPIRATION DATE IMWDDM) 04/04/2006 LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADEff] OCCUR PHPKI15560 EACHOCCURRENCE E 1,000,00 DAMAGE TO RENTED PROMISES E, door rosaiDIED b 100, OO EXP (Any one person) $ 5,00( PERSONAL & ADV INJURY $ 1 , OOO, 0O _ GENERAL AGGREGATE $ 2,000,00( SENT AGGREGATE LIMIT APPLIES PER: POLICY1-1 PROT LOC JEC PROWCTS- COMPIOP AGG $ 1,000,00 AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS PHPKI15560 04/04/2005 04/04/2006 COMBINED SINGLE LIMIT (Ea accident) $ 1, OOO, OO X SCHEDULED AUTOS BODILY person) $ HIRED AUTOS NONOWNEDAUTOS I BODILY O B DINJURY LY N $ PROPERTY DAMAGE (Peracadenry $ --' GARAGE LIABILITY AUTOONLY-EAACCIDENT $ ANY AUTO OTHERTHAN EA ACC AUTO ONLY: AGO $ $ A EXCESS/UMBRELLA LIABILITY X J OCCUR ❑ CLAIMS MADE PHUB043582 O4/04/2005 64/04/2006 EACHOCCURRENCE $ 2,000,00 10 AGGREGATE $ 2,000,000 a DEDUCTIBLE E RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY WC STATU- OTH- E.L. EACH ACCIDENT $ ANY PROPRIETORIPARTNEWEXECUTIVE OFFICERIMEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYE $ If yes, describe under SPECIAL PROVISIONS below 1 aura Stitt She dY EL. DISEASE -POLICY LIMIT $ OTHER ASS Stant CitY Aft rUdV DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED By ENDORSEMENT / SPECIAL PROVISIONS .ity of Santa Ana, its officers, agents, employees, and volunteers are additional insureds as per form 'I-NP-003 (05/01) Item M - Funding Source and Primary Insurance as per form CGOO 01 07 98, both ttached to the general liability policy and accompanying this certificate. "Except for 10 days written notice of cancellation for non-payment of premium. City of Santa Ana - CDBG M-25 Attn: Frank Hernandez P.O. Box 1988 M-25 Santa Ana, CA 92702 4CORD 25 (2001/08) FAX: (714)647-6549 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL NXXXNi(d6d6 MAIL 30" DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, WVOWXMXIUWA)LU)(KKWOMXXXMMKXd(XLXMU)bXXKXMXXX AUTHORIZED REPRESENTATIVE hleen B ©ACORD CORPORATION 1988 PINAT , 'I,� DATE (MMID .. 1 TPa b; x C ._,. IF42' 7.a .T:+ `.�+�;fi"�'>s �� . , � . ,_, ��:iG 04/13/2005 PRODUCER (310)393 9477 FAX (31v) 393 7186 THIS CERTIFICATE I5ISSUED AS A MATTER OF INFORMATION White & Company Insurance Inc ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P 0 Box 70 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Santa Monica, U 90406-0070 COMPANIES AFFORDING COVERAGE COMPANY Philadelphia Ins Co Attn Ext A INSURED Women's Transitional Living Center COMPANY PO Box 6103 e Orange, CA 92863 COMPANY C COMPANY D THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER LTR POLICY EFFECTIVE POLICY EXPIRATION DATE (MWDOP(Y) DATE (MWDDIYY) COVERED PROPERTY LIMITS X PROPERTY PHPK115560 04/04/2005 04/04/2006 X BUILDING $ 1,400,000 CAUSES OF LOSS X PERSONAL PROPERTY $ SSO,000 BASIC X BUSINESS INCOME $ 675,000 BROAD EXTRA EXPENSE $ A X SPECIAL . BLANKET BUILDING $ EARTHQUAKE BLANKET PEES PROP $ FLOOD BLANKET BLDG & PP $ X Replacement Cost - $ INLAND MARINE TYPE OF POLICY $ $ CAUSES OF LOSS NAMED PERILS OTHER CRIME TYPE OF POLICY 8 g BOILER & MACHINERY $ OTHER APPROVED AS TO'. FORM j'� )OOOl/ OOOO EMISESIDESCRIPTION OF PROPERTY Laura Stitt�heedy Assistant Cit Attorney SPECIAL CONDITIONSIOTHER COVERAGES Droof of Insurance. -Except for 10 days written notice of cancellation for non-payment of premium. e SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL *W`Xi(2XrX% MAIL City of Santa Ana - CDBG M-25 30- DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Attn: Frank Hernandez i%�XdIIJI:�fA�(JbWWDkYIXJ(Kdf$YrWXIX)(d4K1<d(7434XdWf1614;6kXASx11(�XiCXX P.O. Box 1988 M-25 kt>("Xc1()W(ApMeXWO6YaXAfi NXYk)CA §wAtv)@U)(MD MXXXXXXXX Santa Ana, CA 92702 AUTHORIZED REPRESENTATIVE Kathleen Benner, ACSR/KJB IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. APPROVED AS TO FORM aura Stitt Sheedy City Attorney 4CORD 25 (2001108) PI-NP-003 (5/01) THIS ENDORSEMENT CHANGESTHE POLICY PLEASE READ IT CAREFULLY GENERAL LIABILITY DELUXE ENDORSEMENT It is understood and agreed that the following extensions only apply in the event that no other specific coverage for the indicated loss exposures are provided under this policy. If such specific coverage applies, the terms, conditions and limits of that coverage are the sole and exclusive coverage applicable under this policy. Throughout this endorsement the words "you" and "your" refer to the Named Insured shown in the Declarations. The words "we" "us" and "our" refer to the Company providing this insurance. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE The following is a summary of the Limits of Insurance and additional coverage provided by this endorsement. For complete details on specific coverages, consult the policy contract wording. A Me cal Paynsrits - Lirrit /no-easad to $15, Q;h B. 9-W6rr&rtay Payrrwits - Ball bads increased to $2, 50alUss of earnrgs increased to $500 each dly. C. T&7"'sLeg4U"ity-f0rF1r9 Lightrnng, Explosion, &TVkeendLaq fran, rirWa_s- Litn t irxxaasel to $300,, IXb D. Br000b od De in/titn of KhO is An lnsn-a ,,• E Atra ded Duties In The Etax Of GLiurrex. Clam Cr 3a't,• F. Brcadaef OWrrticn ofAdvtisng irytry- indtxjas Te'e�fsai O' Vd aPei Pt ea'icaticn; G Anvxfad defiYab'cn of Bod'ly /rytry to indcde Martat Argt#95 H Braai obfirrltion of Pasonal irgtry - /ncluaes Abuse of PrOcaRViol'grirn'nation,' 1. Aneli Uininkntioal Failure To Disclose Ha2ards- AinanoW L/beraf/ion, Clause K. Added Entdoyas lndarryfi,'cn Deface Coue Ve - l wfil Pay up to $25,, 000 in oWar m casts for an "arFloyfm" in a criminal Proceeding (sWact to estadishay cr/ta/a); L. "P-goatyDart3r,�" - acfusar for "Propatydarrage" rrr/ting from the usa of revsx,e force to Protect masons or Property, M Added blanket Addoonar lnsray - Fuxvty axrm. N Aoldd biardce' And 'liana' Insrai - MMWgis-s or Legs of Pram• D• ActledGafaaiA�«gatebmtFa- locaticn,• APPROVED AS to F-012M P Ndn-oiwW 416tar raR - coverage lagth is increased to 58 ft; Laura Stiu .y Assistant Cu, Page 7 of 5 Includes copyright material of the hrsurance services Office, Inc. used with iB permission. PI-NP-003 (5/01) E. Duties In The Event Of Occurrence, Claim Or Silt 1. The requirement in condition 2.a. (Conditions, Section IV) that you must see to it that we are notified as soon as practicable of an "occurrence" or an offense, applies only when the "occurrence" or offense is known to: (a) You, if you are an individual; (b) A partner, if you are a partnership: or (c) An executive office or insurance manager, if you are a corporation. 2. The requirement in condition 2.b. that you must see to it that we receive notice of a claim or "suit" as soon as practicable willnot be considered breached unless the breach occurs after such claim or "wit" is known to: (a) You, if you are an individual; (b) A partner, if you are a partnership; or (c) An executive officer or insurance manager, if you are a corporation. F. Advertising Injury -Televised Or Videotaped Putbilcatlon 1, The definition of "Personal and advertising injury" items 14. (d),(e), (0 and (g) is changed to read: "Personal and Advertising injury" means injury arising out of one or more of the following offenses: d. Oral, written, televised or videotaped publication of material that slanders or libels a person or organization or disparages a pe son's or organization's goods, products or services; e. Oral, written, televised or videotaped publication of material that violates a person's right of privacy; f. Missappropriation of advertising ideas or style of doing business; or g. Infringement of copyright, title or slogan. 2. Exclusions a. (2) and a. (3) of Coverage B., Personal And Advertising Injury Liability, are changed to read: a. (2) Arising out of oral, written, televised or videotaped publication of material, if done by or at the direction of the insured with knowledge of its falsity; a. (3) Arising out of oral, written, televised or videotaped publication of material whose first publication took place before the beginning of the policy period. G. Bodilylnjury- MentalAnguM The definition of "bodily injury" is changed to read: "Bodily Injury": a. Means bodily injury, sickness or disease sustained by a person, and includes mental anguish resulting from any of these; and b. Except for mental anguish, includes death resulting from the foregoing (item a. above) at any time. H. Personal Injury -Abuse Of ProceesrDiscriminetlon If Personal and Advertising Injury Liability Coverage (Coverage B)is not otherwise excluded from this Coverage Part: 1. The definition of "Personal and advertising injury" is changed by: a. Revising item b. of that definition to read: Malicious prosecution or abuse of process: b. Adding the following: "Personal Injury" also means discrimination based on race, color, religion, sex, age or national origin, except when: (1) Done intentionally by or at the direction of, or with the knowledge or consent of: (a) Any insured; or (b) Any executive officer, director, stockholder, partner or member of the insured; or (2) Directly or indirectly related to the employment, former or prospective employment, termination of employment, or application for employment of any person or persons by an insured; or APPROVED A,� , U FORM Page 3 of 5 l � O Inclutles copyright material or the Insurance Services Office, Inc. used with its permission, , - Lahr: - _-Ay Assistai, ._ ,.,,,;rncv PI-NP-003 (5/01) O. General Aggregate Limit Per location SECTION III-Limltad Insurarm paragraph 2. is amended to the following: The General Aggregate Limit is the most we will pay for the sum of: a. Medical expenses under Coverage C; b. Damages under Coverage A, except damages because of "bodily injury' or "property damage" included in the "products -completed operations hazard"; and c. Damages under Coverage B. A separate Location General Aggregate Limit applies to each "location", and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. SECTIONV-DEFINITIONSisamended by adding the following: "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad. R Nan-awried Watercraft SECTIONI-COVERAGES,2Excludtns, paragraph % (2) is amended to read as follows: (2) A watercraft you do not own that is: (a) Less than 58 feet long; and (b) Not being used to carry persons or property for a charge; This provision applies to any person, who with your consent, either uses or is responsible for the use of a watercraft. This insurance is excess over any other valid and collectible insurance available to the insured whether primary, excess or contingent. APPROVED AS TO f Laura Stitt Sheec_ Assistant City Alto; , Page 5 of 5 Includes copyrigltt material of the Insurance Services office, Inc. used with its permission. Me: Y/6b/dvvD '1'1QIe: 3:1b evi '10: 63LLIa (� 1-/14-64/-bSlb 02/03/2004 16:37 3103937 Page: WHITE & CO PAGE 02/03 SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS 1. 'Bankruptcy Bankruptcy or insolvency of the insured or of the insured's estate will not relieve us of our obliga- tions under this Coverage Part, 2,Duttesln The Event Of Occurrence; Offense, Claim Or Suit a You must see to it that we are notified as soon as practicable of an "occurrence" or an offense which may result in a'claim. To the extent possible, notice should include: (t+ How, when and where the °occurrence,, or offense took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the "occurrence" or offense. b. If a clamp is made or 'suit'' is brought against any insured, you must:' (1) Immediately record the specifies of the claim or "suit- and the date received; and (2) Notify us as soon as practicable. You must see to it that we receive written no- tice of the claim or "suit" as soon as practica- ble. c. You and any other involved insured must: (1) Immediately send us copies of any de- mands,' notices, summonses or legal pa- pers received in connection with the claim or "sua (2) Authorize us to obtain records and other information; (3) Cooperate with us in the investigation or settlement of the claim or defense against the "suit"; and (4) Assist us, upon our request, in the en- forcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. d. No insured will, except at that insured's own cost, voluntarily make a payment, assume any Obligation, or Incur any expense, other than for first aid, without our consent. 3. Legal Action Against Us No person or organization has a right under this Coverage Part. a. To join us as a party or otherwise bring us into a "suit' asking for damages from an insured; or CG 00 01 07 98 b_ To sue us on this. Coverage Part unless all of its terms have beenfullycomplied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured obtained after an actual trial; but we will not be liable for damages that are not payable under the terms of this Coverage'Parr or - that are in excess of the. applicable limit of Insur- ance. An agreed settlement means a settlement andrelease of liability, signed by us, the`Insured and: the claimant or the claimant's legal represen- tative, -t ; Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under Cover- ages A or 13 of this Coverage Part, our obligations are limited as follows,. - a. Primary Insurance This insurance is primary, except when b. be- low applies. If this insurance is primary, our obligations are not affected unless any of the otherinsurance is also primary. Then, we will share with all that other insurance by the method described in c. below. b. Excess insurance This insurance is excess over! (1) Any of the other insurance, whether pri- mary, excess, contingent or on any, other basis: (a) That is Fire, Emended Coverage, Builder's Risk, Installation Risk oi� Simi- lar coverage for 'your work"; (b) That iA Fire 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 promises rented to you or 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 In- jury And Property damage Liability. (2) Any other primary insurance available to you covering liability for damages arising out of the premises or operations for which. you have been added as an additional in- sured by attachment of an endorsement. S' tiPPRO�VEEDD AS �TO FORM Laura Stitt S.. 4saistant City .. -� Copyright, Insurance Services Office, Inc., 1997 - Page 9 of 13 te: 4/26/2005 Time: 3:16 PM To: Laura fa 1-714-647-6515 02/03/2004 16:37 3103937 WHITE & CO Page: 003 PAGE 03/03 When this insurance is excess, we will have, no duty under, Coverages A or B to defenditho, in sured against any "suit" if any other insurer has a duty to defend the insured against that 'suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against:all those other insurers. , When, this insurance is excess over other in- surance, we Will pay only our share%of the amount of the loss, if any, that exceeds the sum of: - (1) The -total amount that all such other 'insur- ance. would pay for the loss in they, absence of this insurance; and .(2) The total of all deductible and sell -insured arnounts under all that other insurance. We wit! share the remaining loss, if any; with any otherinsurance 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. Method Of Sharing If all 'of the other insurance .permits oontribu- tioN by equal shares, we will follow this method also. Under this approach each insurer con- tributes equal amounts until it has paid its ap- plicable limit of insurance or none of the loss remains, whichever comes first. It any of the other insurance 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. , G Premium Audit a. We will compute all premiums for this Cover- age Part in accordance with our rules and rates, b. Premium shown in this Coverage Part as ad- vance premium is a deposit premium only At the close of each audit period we will compute •- the earned premium for that period. Audit premiums are due and payable on notice to the first Named Insured. If the sum of the ad- vance and audit premiums paid for the policy period is greater than the earned premium, we will return the excess to the first Named in- sured. c. The first Named Insured must keep records of the information we need for premium compu- tation, and send us copies at such times as we may request. APPROVED AS I FORM Laura Stitt Sheedy Page 10 of 13 AssistA4ijYj)9h,&t[BpHE�nce Services Office, Inc., 1997 6. Representations By accepting, this policy, you agree; a. The statements in the Declarations are accu- rate and complete; b. Those statements are based upon representa- tions you; made to us; and c. We have issued this policy in reliance upon yourrepresentations- 7. Separation. Of Insureds Except with respect to the- Limits, of insurance, and any rights or duties specifically assigned in this Coverage Part to the first Named Insured, this insurance applies: a. As it each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim is made or "suit" Is brought. 8. Transfer Of Rights Of Recovery Against Others To Us If the insured has rights°to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The in- sured must do nothing after loss to impair them. At our request, the insured will bring 'suit" or transfer those rights to us and help us enforce them. 9- When We Do Not Renew If we decide not to renew this Coverage Part, we will mail or deliver to the first Named Insured shown in the Declarations written notice,,of the nonrenewal not less than 30 days before the expi- ration date. If notice is mailed, proof of mailing will be suffi- cient proof of notice. SECTION V - DEFINITIONS 1 2. 3. 4. "Advertisement" means a notice that is broadcast or published to the general public or specific mar- ket segments about your goods, products 4 serv- ices for the purpose of attracting customers or supporters. "Auto" means a land motor vehicle, trailer or semitrailer designed for travel on public roads, in- cluding any attached machinery or equipment. But "auto" does not include "mobile equipment. "Bodily injury" means bodily injury, sickness or disease sustained by a person, including death re- sulting from any of these at any time. "Coverage territory" means: a. The United States of America (incluiing its territories and possessions), Puerto Rico and Canada; CG 00 01 07 98 [ SP _RTHOLDER COPY STATE P.O. BOX 807, SAN FRANCISCO,CA 94142-0807 COMPENSATION INS UFtAN CE FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 03-28-2005 CITY OF SANTA ANA Sp ESQ-CDA, ATTN: MIKE LINARES P.O. BOX 1988 M-25 SANTA ANA CA 92705 GROUP POLICY NUMBER: 1610814-2005 CERTIFICATE IDs, 43 CERTIFICATE EXPIRES: 03-28-2006 03-28-2005/03-28-2006 UOB:ALL OPERATIONS This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 10days' advance written notice to the employer. We will also give you 10 days' advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein Notwithstanding any requirement, term, or condition of any contract or otherdocument with respect to which this certificate of insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies. AUTHORIZED REPRESENTATIVE PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000_00 PER OCCURRENCE. r Laura Stitt heedy Assista, C itY At[orner. EMPLOYER WOMEN'S TRANSITIONL LVNG CNTR, INC PO BOX 6103 ORANGE CA 92863 LEGAL NAME WOMEN'S TRANSITIONAL LIVING CENTER, INC 02/17/2005 f� Il; '�i3 U.S. EPA Washington DC 20460 U.S. CPSC Was,491an DC 20207 U.S. HUD Washirgton DC 20410 Protect Your Family From Lead I n 4 F Your f Dome United States Environmental Protection Agency United States Consumer Product Safety Commission United States Department of Housing and Urban Development EPA747-K-99.001 April 1999 Are You Planning To Buy, Rent, or Renovate a Home Built Before 1978? Many houses and apartments built before 1978 have paint that contains lead (called lead -based paint). Lead from paint, chips, and dust can pose serious health hazards if not taken care of properly. Federal law requires that individuals receive certain information before renting, buying, or renovating pre-1978 housing: 'IIF LANDLORDS have to disclose known infor- mation on lead -based paint and lead -based paint hazards before leases take effect. Leases must include a disclosure form about lead -based paint. N' .Y ��t SELLERS have to disclose known informa- tion on lead -based paint and lead -based paint hazards before selling a house. Sales contracts must include a disclosure form about: lead -based paint. Buyers have up to 10 ddys to check for lead hazards. RENOVATORS have to give you this pamphlet before starting work. (After June 1, 1999.) IF YOU WANT MORE INFORMATION on these requirements, call the National Lead Information Clearinghouse at 1-800-424-LEAD. This document is in the public domain. It may be reproduced by an individual or organization without permission. Information provided in this booklet is based upon current scientific and technical understanding of the issues presented and is reflective of the jurisdictional boundaries established by the statutes governing the co-authoring agencies. following the advice given will not necessarily pro- vide complete protection in all situations or against all health hazards that can be caused by lead exposure. 2 er /6 IMPORTANT! Lead From Paint, Dust, and Soil Can Be Dangerous If Not Managed Properly FACT: Lead exposure can harm young children and babies even before they are born. FACT: Even children who seem healthy can have high levels of lead in their bodies. FACT: People can get lead in their bodies by breathing or swallowing lead dust, or by eating soil or paint chips containing lead. FACT: People have many options for reducing lead hazards. In most cases, lead -based paint that is in good condition is not a hazard. FACT: Removing lead -based paint improperly can increase the danger to your family. If you think your home might have lead hazards, read this pamphlet to learn some simple steps to protect your family. I 3 6 -� %'6 Lead Gets in the Body in Many Ways In the People can get lead in their body if they: United O Put their hands or other objects States, covered with lead dust in their mouths. about O Eat paint chips or soil that contains 900,000 lead. children ages ♦ Breathe in lead dust (especially during 1 to 5 have a renovations that disturb painted surfaces). blood -lead level above Lead is even more dangerous to children the level of than adults because: concern. O Babies and young children often put Even children their hands and other objects in their mouths. These objects can have lead who appear dust on them, healthy can have danger- O Children's growing bodies absorb more ous levels of lead. lead in their O Children's brains and nervous systems bodies. are more sensitive to the damaging effects of lead. 2 Lead's Effects If not detected early, children with high levels of lead in their bodies can suffer from: ♦ Damage to the brain and Poe or wcrm Partx nervous system ti ♦ Behavior and learning . problems (such as hyperactivity) ♦ Slowed growth ♦ Hearing problems"^ {cown� ♦ Headaches \ Lead is also harmful to adults. Adults can suffer from: ♦ Difficulties during pregnancy ♦ Other reproductive problems (in both men and women) ♦ High blood pressure ♦ Digestive problems PP ♦ Nerve disorders Row0d,t.*e f i ♦ Memory and concentration problems Pp�lams OduW ♦ Muscle and joint pain Lead affects the body in many ways. 3 S b� l6 Where Lead -Based Paint Is Found In general, Many homes built before 1978 have lead - the older your y based paint. The federal government banned lead -based paint from housing in home, the 1978. Some states stopped its use even more likely it earlier. Lead can be found: has lead- ♦ In homes in the city, country, or suburbs. based paint. ♦ In apartments, single-family homes, and both private and public housing. ♦ Inside and outside of the house. In soil around a home. (Soil can pick up lead from exterior paint or other sources such as past use of leaded gas in cars.) Checking Your Family for Lead Get your To reduce your child's exposure to lead, children and get your child checked, have your home tested (especially if your home has paint home tested in poor condition and was built before if you think 1978), and fix any hazards you may have. your home Children's blood lead levels tend to increase has high lev- rapidly from 6 to 12 months of age, and tend to peak at 18 to 24 months of age. els of lead. Consult your doctor for advice on testing your children. A simple blood test can detect high levels of lead. Blood tests are usually recommended for: ♦ Children at ages 1 and 2. ♦ Children or other family members who have been exposed to high levels of lead. ♦ Children who should be tested under your state or local health screening plan. Your doctor can explain what the test results mean and if more testing will be needed. Where Lead Is Likely To Be a Hazard Lead -based paint that is in good condition is usually not a hazard. Lead from Peeling, chipping, chalking, or cracking paint chips, lead -based paint is a hazard and needs which you immediate attention, can see, and Lead -based paint may also be a hazard lead dust, when found on surfaces that children can which you chew or that get a lot of wear -and -tear. s can't always y These areas include: ♦ windows and window sills. see, can bothbe serious ♦ Doors and door frames. hazards. ♦ Stairs, railings, and banisters. ♦ Porches and fences. Lead dust can form when lead -based paint is dry scraped, dry sanded, or heated. Dust also forms when painted surfaces bump or rub together. Lead chips and dust can get on surfaces and objects that people touch. Settled lead dust can're-enter the air when people vac- uum, sweep, or walk through it. . - Lead in soilc an be a hazard when children play in bare soil or when people bring soil into the house on their shoes. Call your state agency (see page 11) to find out about test- ing soil for lead. ■ ■ 7 c4 /D Checking Your Home for Lead Hazards Just knowing that a home has lead - based paint may not tell you if there is a hazard. You can get your home checked for lead haz- ards in one of two ways, or both: ♦ A paint inspection tells you the lead content of every different type of painted surface in your home. It won't tell you whether the paint is a hazard or how you should deal with it. ♦ A risk assessment tells you if there are any sources of serious lead exposure (such as peeling paint and lead dust). It also tells you what actions to take to address these hazards. Have qualified professionals do the work. There are standards in place for certifying lead -based paint professionals to ensure the work is done safely, reliably, and effectively. Contact your state lead poisoning prevention program for more information. Call 1-800- 424-LEAD for a list of contacts in your area. Trained professionals use a range of methods when checking your home, including: ♦ Visual inspection of paint condition and location. ♦ A portable x-ray fluorescence (XRF) machine. ♦ Lab tests of paint samples. ♦ Surface dust tests. Home test kits for lead are available, but studies suggest that they are not always accurate. Consumers should not rely on these tests before doing renovations or to assure safety. What You Can Do Now To Protect Your Family If you suspect that your house has lead hazards, you can take some immediate steps to reduce your family's risk: O If you rent, notify your landlord of peeling or chipping paint. ♦ Clean up paint chips immediately. ♦ Clean floors, window frames, window sills, and other surfaces weekly. Use a mop or sponge with warm water and a general all-purpose cleaner or a cleaner made specifically for lead. REMEMBER: NEVER MIX AMMONIA AND BLEACH PRODUCTS TOGETHER SINCE THEY CAN FORM A DANGEROUS GAS. ♦ Thoroughly rinse sponges and mop heads after cleaning dirty or dusty areas. f ♦ Wash children's hands often, especial- ly before they eat and before nap time and bed time. O Keep play areas clean.W ash bottles, pacifiers, toys, and stuffed animals regularly._- ♦ Keep children from chewing window sills or other painted surfaces. ♦ Clean or remove shoes before entering your home to avoid tracking in lead from soil. ♦ Make sure children eat nutritious, low -fat meals high in iron and calcium, such as spinach and dairy products. Children with good diets absorb less lead. How To Removing lead improperly can increase the hazard to your family by spreading even more lead dust around the house. Always use a professional who is trained to remove lead hazards safely. Reduce Lead Hazards In addition to day-to-day cleaning and good nutrition: ♦ You can temporarily reduce lead hazards by taking actions such as repairing dam- aged painted surfaces and planting grass to cover soil with high lead levels. These .actions (called "interim controls") are not permanent solutions and will need ongo- ing attention. To permanently remove lead hazards, you must hire a certified lead "abate- ment' contractor. Abatement (or perma- nent hazard elimination) methods include removing, sealing, or enclosing lead -based paint with special materials. Just painting over the hazard with regular paint is not enough. Always hire a person with special training for correcting lead problems —someone who knows how to do this work safely and has the proper equipment to clean up thoroughly Certified contractors will employ qualified workers and follow strict safety rules as set by their state or by the federal government. Call your state agency (see page 11) for help with locating certified contractors in your area and to see if financial assistance is available. Remodeling or Renovating a Home With Lead -Based Paint Take precautions before your contractor or you begin remodeling or renovations that disturb painted surfaces (such as scraping off paint or tearing out walls): ♦ Have the area tested for lead -based paint. ♦ Do not use a belt -sander, propane torch, heat gun, dry scraper, or dry sandpaper to remove lead -based paint. These actions create large amounts of lead dust and fumes. Lead dust can remain in your home long after the work is done. ♦ Temporarily move your family (espe- cially children and pregnant women) out of the apartment or house until the work is done and the area is prop- erly cleaned. If you can't move your family, at least completely seal off the work area. ♦ Follow other safety measures to reduce lead hazards. You can find out about other safety measures by calling 1-800-424-LEAD. Ask for the brochur. "Reducing Lead Hazards When Remodeling Your Home." This broch explains what to do before, during, and after renovations. If you have already completed renova- tions or remodeling that could have released lead -based paint or dust, get your young children tested and follow the steps outlined on page 7 of this brochure. If not conducted properly, certain types of renova- tions can release: lead from paint and dust into the air. Other Sources of Lead O Drinking water. Your home might have r` plumbing with lead or lead solder. Call your local health department or water i supplier to find out about testing your ! water. You cannot see, smell, or taste lead, and boiling your water will not get rid of lead. If you think your plumbing might have lead in it: While paint dust, and soil are the most common lead hazards, other lead sources also exist. 10 • Use only cold water for drinking and cooking. • Run water for 15 to 30 seconds before drinking it, especially if you have not used your water for a few hours. ♦ The job. If you work with lead, you could bring it home on your hands or clothes. Shower and change clothes before coming home. Launder your work clothes separately from the rest of your family's clothes. ♦ Old painted toys and furniture. ♦ Food and liquids stored in lead crystal or lead -glazed pottery or porcelain. Lead smelters or other industries that release lead into the air. ♦ Hobbies that use lead, such as making pottery or stained glass, or refinishing furniture. ♦ Folk remedies that contain lead, such as 11greta" and "azarcon" used to treat an upset stomach. 12- 0-1- /� For More Information The National Lead Information Center Call 1-800-424-LEAD to learn how to protect children from lead poisoning and for other information on lead hazards. (Internet: www.epa.gov/lead and www.hud.gov/lea). For the hearing impaired, call the Federal Information Relay Service at 1-800-877- 8339 and ask for the National Lead Information Center at 1-800-424-LEAD. EPA's Safe Drinking Water Hotline Call1-800-426-4791 for information about lead in drinking water. Consumer Product Safety Commission Hotline To request information on lead in consumer products, or to report an unsafe consumer product or a prod- uct -related injury call 1-800-638- 2772. (Internet: www,@cpsc.gov). For the hearing impaired, call TDD 1- 800-638-8270. State Health and Environmental Agencies Some cities and states have their own rules for lead -based paint activities. Check with your state agency to see if state or local laws apply to you. Most state agencies can also pro- vide information on finding a lead abatement firm in your area, and on possible sources of financial aid for reducing lead hazards. Receive up-to-date address and phone infor- mation for state and local contacts on the Internet at www.epa.gov/lead or contact the National Lead Information Center at 1-800-424-LEAD. 11 l3 6�7 /�/ EPA Regional Offices Your Regional EPA Office can provide further information regard- ing regulations and lead protection programs. EPA Regional Offices Region 1 (Connecticut, Massachusetts, Marne, New Hampshire, Rhode Island, Vennort) Regional Lead Contact U.S. EPA Region 1 Suite 1100 (CPT) One Congress Street Boston, MA 02114-2023 1 (888) 372-7341 Region 2 (New Jersey, New York, Puerto Rico, Virgin Islands) Regional Lead Contact U.S. EPA Reegg" 2 2890 V�bodbridge Avenue Building 209, Mail Stop 225 Edison, NJ 08B37-3679 (732) 321-6671 Region 3 (Delaware, Washington DC, Maryland, Pennsylvania, Virginia, West Virginia) Regional Lead Contact U.S. EPA Region 3 (3WC33) 1650 Arch Street Philadelphia, PA 19103 (215)814-5000 Region 4 (Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina, Tennessee) Regional Lead Contact U.S. EPA Region 4 61 Forsyth Street, SW Atlanta. GA 30303 (404)562-8998 Region 5 (Illinois, Indiana, Michigan, Minnesota, Ohio, Wisconsin) Regional Lead Contact U.S. EPA Region 5 (DT-8J) 77 West Jackson Boulevard Chicago, IL 60604-3666 (312) 886-6003 12 Region 6 (Arkansas, Louisiana, New Mexico, Oklahoma, Texas) Regional Lead Contact U.S. EPA Region 6 1445 Ross Avenue, 12th Floor Dallas, TX 75202-2733 (214) 665-7577 Region 7 (Iowa, Kansas, Missouri, Nebraska) Regional Lead Contact U.S. EPA Region 7 (ARID-RAU) 901 N. 5th Street Kansas City, KS 66101 (913) 551-7020 Region 8 (Colorado, Montana, North Dakota, South Dakota, Utah, Wyoming) Regional Lead Contact U.S. EPA Region 8 999 18th Street, Suite 500 Deriver, CO 80202-2466 (303)312-6021 Region 9 (Arizona, California, Hawaii, Nevada) Regional Lead Contact U.S. Region 9 75 Hawthorne Street San Francisco, CA 94105 (415) 744-1124 Alaska) 10 (Idaho, Oregon, Washington, Regional Lead Contact U.S. EPA Region 10 Toxics Section WCM-128 1200 Sixth Avenue Seattle, WA 98101-1128 (206)553-1985 CPSC Regional Offices Your Regional CPSC Office can provide further information regard- ing regulations and consumer product safety. Eastern Regional Center 6 World Trade Center vesey Street. Room 350 New York, NY 10048 (212) 466-1612 Central Regional Center 230 South Dearborn Street Room 2944 Chicago, IL 60604-1601 (312) 353-8260 HUD Lead Office Vkstem Regional Center 600 Harrison Street, Room 245 San Francisco, CA 94107 (415) 744-2966 Please contact HUD's Office of Lead Hazard Control for informa- tion on lead regulations, outreach efforts, and lead hazard control and research grant programs. U.S. Department of Housing and Urban Development Office of Lead Hazard Control 451 Seventh Street, SW, P-3206 Washington, DC 20410 (202) 755-1785 13 If you think your home has high levels of lead: ♦ Get your young children tested for lead, even if they seem healthy. . ♦ Wash children's hands, bottles, pacifiers, and toys often. ♦ Make sure children eat healthy, low -fat foods. ♦ Get your home checked for lead hazards. ♦ Regularly clean floors, window sills, and other surfaces. ♦ Wipe soil off shoes before entering house. ♦ Talk to your landlord about fixing surfaces with peeling or chipping paint. ♦ Take precautions to avoid exposure to lead dust when remodeling or renovating (call 1-800-424- LEAD for guidelines). ♦ Don't use a belt -sander, propane torch, heat gun, dry scraper, or dry sandpaper on painted surfaces that may contain lead. ♦ Don't try to remove lead -based paint yourself. Sample Disclosure Format for Target Housing Rentals and Leases Disclosure of Information on Lead -Based Paint and Lead -Based Paint Hazards Lead Warning Statement Housing built before 1978 may contain lead -based paint. Lead from paint paint chips, and dust can pose health hazards if not taken care of property. Lead exposure is especiaUthannful to young children and pregnant women. Before renting pre-1978 housing, landlords must disclose the presence of known lead -based paint and lead -based paint hazards in the dwelling. Tenants must also receive a Federally approved pamphlet on lead poisoning prevenffon. Lessor's Disclosure (initial) (a) Presence of lead -based paint or lead -based paint hazards (check one below): Known lead -based paint and/or lead -based paint hazards are present in the housgr (explain). Lessor has no knowledge of lead -based paint and/or lead -based paint hazards in th housing. (b) Records and reports available to the lessor (check one below): Lessor has provided the lessee with all Bailable records and reports pertaining to lead - based paint and/or lead -based paint hazards in the housing (list documents below). Lessor has no reports or records pertaining to lead -based paint and/or lead -bast' paint hazards in the housing. Lessee's Acknowledgment (initial) (c) Lessee has received copies of all information listed above- (d) Lessee has received the pamphletprotect Your Family from Lead in Your Home. Agent's Acknowledgment (initial) (e) Agent has informed the lessor of the lessor's obligations under 42 U.S.C. 4852(d) and is aware of his/her responsibility to ensure compliance. Certification of Accuracy The following parties have reviewed the information above and certify, tthe best of their knowledge, that the information provided by the signatory is true and accurate. Lessor Date Lessor Date Lessee Date Lessee Date Agent Date Agent Date J 0 1 h-nncitwENr 2 Poi I't 7-- c Sample Disclosure Format for Target Housing Sales Disclosure of Information on Lead -Based Paint and Lead -Based Paint Hazards 011-ead Warning Statement Every purchaser of any interest in residential real property on which a residential dwelling was built prior to 1978 is notified that such property may present exposure to lead from lead -based paint that may place young children at risk of developing lead poisoning. Lead poisoning in young children may produce permanent neurological damage, including teaming disabilities, reduced intelligence quotient, behavioral problems, and impaired memory. Lead poisoning also poses a particulardsk to pregnant women. The seller of any interest in residential real property is required to provide the buyer with any information on lead -based paint hazards from nisk assessments or inspections in the seller's possession and notify the buyer of any known lead -based paint hazards. A risk assessment or inspection for possible lead -based paint hazards is recommended prior to purchase. Seller's Disclosure (initial) (a) Presence of lead -based paint and/or lead -based paint hazards (check one below): Known lead -based paint and/or lead -based paint hazards are present in the housing (explain). Seller has no knowledge of lead -based paint and/or lead -based paint hazards in the housing. (b) Records and reports available to the seller (check one below): Q Seller has provided the purchaser with all available records andreports pertaining to lead -based paint and/or lead -based paint hazards in the hosing (list documents below). Seller has no reports or nEords pertaining to lead -based paintand/or lead -based paint hazards in the housing. Purchaser's Acknowledgment (initial) (c) Purchaser has received copies of all information listed above. (d) Purchaser has received the pamphietProtect Your Family from Lead in Your Home_ (e) Purchaser has (check one'below): Received a 10-day opportunity (or mutually agreed upon period) to conduct a risk assessmentro inspection for the presence of lead -based paint and/or lead -based paint hazards; or Waived the opportunity to conduct a risk assessment or inspectiodor the presence of lead -based paint and/or lead -based paint hazards. Agent's Acknowledgment (initial) (f) Agent has informed the seller of the sellers obligations under 42 M.C. 4852(d) and is aware of his/her responsibility to ensure compliance. Certification of Accuracy The following parties have reviewed the information above and certify, to the best of their knowledge, thatdh information provided by the signatory is true and accurate. Seller Date Seller ��gent Date Purchaser Date Date Agent Date Purchaser Date 2o�1 Federal Register/Vol, 64, 8/Wednesday, September 15. 1W A and Regulations 50231 Appendix B--Sample Summary Risk Assessment Notice Format Note: This following appendix will not appear in the Code of Federal Regulations Summary Notice of Lead -Based Paint Risk Assessment Address/location of property or structure(s) this summary notice applies to: Lead -based paint risk assessment description Date(s) of risk assessment Summary of risk assessment results (check all that apply) - (a) _ No lead -based paint hazards were found. (b) _ Lead -based paint hazards were - found. (c) _ A brief summary of the findings of the risk assessment is provided below (required if arty lead -based paint hazards were found). Srunmary of types and locations of lead- - .based paint hazards. List at least the homing unit numnbers and common areas (tor multifamily housing), bare soil locations, dust -lead locatiom and/or building components (including type of room or space. and the materialt�mea paint). and types of found Contact person for more information about the risk assessment: Printed name Date: Organization: Street and city. Street and city State: _ ZIP: _ Phone number. (_ ) Appendix D—Sample Hazard State: _ZIP: _Phone number: (_) Reduction Completion Notice Format Appendix C—Sample Summary Presumption Notice Format Note: The following appendix will not appear in the Code of Federal Regulations Notice That Lead -Based Paint or Lead -Based Paint Hazards Are Presumed to be Present Address/location of property or structure(s) this notice of presumption applies to: Type of presumption (check all that apply): (a) _ Lead -based paint is presumed to be present (b) _ Lead -based paint hazard(s) is(are) presumed to be present summary of presumption List at least the housing tacit numbers aril common areas (for multifamily housing). bare soil locations, dust -lead locations. and/or building components (including type of room or space, and the material underneath the paint), and types of lead -based paint hazards presumed to be present Contact person for more information about the presumption Printed name: Organization: Note: The following appendix will not appear in the Code of Federal Regulations. Summary Notice of Completion of Lead - Based Paint Hazard Reduction Activity Address/locatiOW'Of property or struclure(s) this summary notice applies to: Street and city. State: _ ZIP: _ Phone number. (_) Organization _ Person who prepared this notice of Street and city. presumption: Printed name: State: _ ZIP: _ Phone number (_) Person who prepared this summary notice: Printed name: Signature: Signature: Date: Organization Summaryof the hazard reduction activity. Stan and completion date(s): Activity locations and types. List at least the housing unit numbers and common areas (for multifamily housing). bare soil locations. dust -lead locations, and/or building components (including type of room or spam and the material underneath the paint), and types of hazard reduction activities performed at the locations listed: Dates) of clearance testing and/or soil. analyses: — Locatioms of building components with lead - based paint remaining in the rooms. spaces or areas where activities were conducted: Summary of results of clearance testing and soil analyses: (a) _ No Clearance testing was performed- (b) Clearance testing showed clearance was achieved (c) _ Clearance testing showed clearance was not achieved Contact person for more information about the hazard reduction: Printed name: Organization: Street and city - State: _ ZIP - Phone number. L—) - Person who prepared this summary notice: Printed name: Signature: _ Organization Street and city. State: _ ZIP: Phone number. (— ) (FR Doc 99-23016 Filed 9-14-99; 8:45 aml BILLING CODE 4210-a2-P A Roc Lucke sr 3 ATTACHMENT NO. 4 LBP INFORMATION SUMMARY 1. ZER0/0 BEDROOM < (LESS THAN) 100 DAYS IN UNIT; ASSISTANCE IN HOMELESS SHELTER • STATUS: EXEMPT TITLE X 2. ZERO/0 BEDROOM > (MORE THAN) 100 DAYS IN UNIT • STATUS: OPEN ISSUE UNDER LBP REGS ZERO/0 BEDROOM > (MORE THAN) 100 DAYS ASSISTANCE IN HOMELESS SHELTER • STATUS: OPEN ISSUE UNDER LBP REGS • SEE SUBPART K • CLEARANCE OF UNIT(S) WILL BE REQUIRED BY CITY FOR ALL HOUSING UNITS (EVEN ZERO BEDROOM) FOR WHICH OCCUPANCY OCCURS BY ASSISTED HOUSEHOLD FOR MORE THAN 100 DAYS, PENDING FURTHER INTERPRETATION/GUIDANCE FROM HUD 3. ONE OR MORE (1+) BEDROOMS OCCUPANCY < 100 DAYS IN RESIDENTIAL UNIT AND/OR OCCUPANCY IN HOMELESS SHELTER • EXEMPT TITLE X 4. 1+ BEDROOMS > 100 DAYS IN RESIDENTIAL UNIT • STATUS: SAME AS #2 ABOVE; CLEARANCE REQUIRED • SEE SUBPART K 5. EMERGENCY RENTAL ASSISTANCE < 100 DAYS • EXEMPT TITLE X 6. EMERGENCY RENTAL ASSISTANCE > TO HOUSEHOLD TO BE OCCUPANCY IN RESIDENTIAL UNIT FOR MORE THAN 100 DAYS (SUCH AS LONG TERM LEASE SIGNED AT TIME OF EMERGENCY ASSISTANCE) Attachment No.4 LBP Information Summary Page 1 of 2 7/11MILS • CLEARANCE BEFORE ANY MONEY DISBURSED; LBP COMPLIANCE: NOTIFICATION, EVALUATION, REDUCTION THROUGH CLEARANCE REQUIRED BEFORE OCCUPANCY OF UNIT • MAYBE CONSIDERED TENANT BASED RENTAL ASSISTANCE (TBRA); THUS HQS INSPECTION AND SUBPART M MAY APPLY SEE SUBPARTS K AND M • PENDING HUD GUIDANCE 7. TBRA < 100 DAYS • EXEMPT TITLE X 8. TBRA> 100 DAYS OF HOME ASSISTANCE (SUCH AS WHEN TENANT ENTERS INTO LONG TERM LEASE • SEE SUBPART M • CLEARANCE BEFORE ANY MONEY DISBURSED; LBP COMPLIANCE: NOTIFICATION, EVALUATION, REDUCTION THROUGH CLEARANCE REQUIRED BEFORE OCCUPANCY OF UNIT • HQS INSPECTION REQUIRED BEFORE OCCUPANCY • CLEARANCE BEFORE ANY MONEY DISBURSED 9. TBRA < 100 DAYS -TENANT ENTERS INTO LONG TERM LEASE, CITY GIVES LESS THAN 100 DAYS OF ASSISTANCE. • EXEMPT TITLE X [See HUD Interpretative Guidance: Online: Questions M4, K7, K4, for discussion] Attachment NoA LBP Information Summary Page 2 of 2 7/11/OILS 1M1yc. To i:Y a A � u F y( L a x� s s i1 43 F AT-(AcItm0J/ 5 -;:LOos- 07%- 04 AOR;D ,' DATE (MM/DD/YYI04/13/2005 'RODUCER (310)393-9477 FAX (310j 393-7186 THIS CERTIFICATE IS ISbUIED AS A MATTER OF INFORMATION Jhite & Company Insurance Inc ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR - 0 Box 70 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Tanta Monica, CA 90406-0070 COMPANIES AFFORDING COVERAGE ---- COMPANY Philadelphia Ins CO- %ttn Ext A INSURED Women's Transitional Living Center COMPANY B PO Box 6103 Orange, CA 92863 COMPANY C COMPANY D THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER LTR POLICY EFFECTIVE POLICY EXPIRATION COVERED PROPERTY LIMITS DATE (MM(DD/YY) DATE (MM/DD/YY) X PROPERTY PHPKII5560 04/04/2005 04/04/2006 X BUILDING $ 1,400,000 CAUSES OF LOSS X PERSONAL PROPERTY $ 150,000 BASIC X BUSINESS INCOME 5 675,000 BROAD EXTRA EXPENSE IS A X SPECIAL - BLANKET BUILDING $ EARTHQUAKE BLANKET PERS PROP 5 FLOOD BLANKET BLDG & PP 5 X Replacement Cost - $ INLAND MARINE $ IYPE OF POLICY S 5 CAUSES OF LOSS $ NAMED PERILS E OTHER $ CRIME 5 TYPE OF POLICY 5 E BOILER & MACHINERY E E OTHER'' '.. APPROVED AS TO FORM J� OF PROPERTY L0001/ 000OIMISESMESCRIPTION Laura Stitt heedy �— Assistant C4 Attorney SPECIAL CONDITIONSIOTHER COVERAGES 'roof Of Insurance. 'Except for 10 days written notice of cancellation for non-payment of premium. AWMIMMEM SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL I6X>YJt4X*4X1 MAIL City Of Santa Ana - CDBG M-25 30" DAYS WRITTEN NOTICETO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Attn: Frank Hernandez �X#XxXN�'XwXX�'XxX��'�AXYM)LXLXiKXX P.O. Box 1988 M-25 d3b41fJ�'XdtMNA£dteY#XXj61G1(NrX'xX�lDkxiCAM&61t10kIfXiK-0(XXXXXXXX AUTHORIZED REPRESENTATIVE C-'i,� Santa Ana, CA 92702 Kathleen Benner_, ACSR/K38 ACa134 00 ACORD, CERTIFICATF )F LIABILITY INSURAN ' I 04/13/z 9 ) ?RODUCER (310)393-9477 FAX (31e.�393-7186 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION White & Company Insurance Inc ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT -AMEND; EXTEND"'OR` P 0 Box 70 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Santa Monica, CA 90406-0070 INSURERS AFFORDING COVERAGE I NAIC # NSURED Women's Transitional Living Center INSURERA: Philadelphia Ins Co _ PO Box 6103 INSURER B: Orange, CA 92863 INSURER C. INSURER D. INSURER E. r`nVCDAGrC THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NSR T. 0' TypE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPHUTKIN DATE IMMIDI)fM LIMITS GENERAL UABIUITf PHPKII5560 04/04/2005 04/04/2006 EACH OCCURRENCE $ 1,000,00 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED L UEnC $ 100,000 CLAIMS MADE a OCCUR MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 A GENERAL AGGREGATE S 2,000,000 GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG S 1,000,000 POLICY PRO- JECT LOC AUTOMOBILE LIABILITY ANY AUTO PHPK11S560 04/04/2005 04/04/2006 COMBINED SINGLE LIMIT (Ea..&nl) $ 1,000,00 X A ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per person) $ BODILY INJURY (Per aecitlenl) - $ HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE (Peracatlen) $ GARAGE LIABILITY A.UTOONLY-EAACCDENT $ OTHER THAN EA ACC $ ANYAUTO $ AUTO ONLY: AGO EXCESS/UMBRELLALIABILITY PHUB043582 04/04/2005 04/04/2006 EACH OCCURRENCE s 2,000,00 OCCUR ❑CLAIMS MADE AGGREGATE $ 2,000,00 A $ $ DEDUCTIBLE $ RETENTION f WORKERS COMPENSATION AND WC STATU- OTH- EMPLOYERS* LIABILITY ANY PROPRIETORIPARTNEEXECUTNE E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE $ OFFICERIMEMBER EXCLUDED? tlesPROVI PROVISIONS If SPECIAL SPECIALPROVISIONStelwi Laura Stitt SITC dy -- E.L. DISEASE -POLICY LIMIT $ OTHER Ass scant City Att may DESCRIPTIONDFOPERATIONSf LO TIONSIVEHICLES)EXCLUSKINSADDEDBYENDORSEMENTISPECIALPROVISIONS 'ity of Santa Ana, its officers, agents, employees, and volunteers are additional insureds as per form 1-NP-003 (05/01) Item M - Funding Source and Primary Insurance as per form CGOO 01 07 98, both Ittached to the general liability policy and accompanying this certificate. *Except for 10 days written notice of cancellation for non-payment of premium. City of Santa Ana - CDBG M-25 Attn: Frank Hernandez P.O. Box 1988 M-25 Santa Ana, CA 92702 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL 1#0tXIXX{U MAIL 30* DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, AUTHORIZED REPRESENTATNE ACORD 25(2001108) FAX: (714)647-6549 Kathleen Benner. I ©ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. APPROVED AS TO FORK ---9 �d Laura Stitt Sheedy A-sistaut City Attorney 4CORD 25 (2001/08) PI-NP-003 (5/01) THISENDORSEMENT CHANGESTHE POLICY PLEASE READ IT CAREFULLY. GENERAL LIABILITY DELUXE ENDORSEMENT It is understood and agreed that the following extensions only apply in the evert that no other specific coverage for the indicated loss exposures are provided under this policy. If such specific coverage applies, the terms, conditions and limits of that coverage are the sole and exclusive coverage applicable under this policy. Throughout this endorsement the words "you" and "your" refer to the Named Insured shown in the Declarations. The words "we" "us" and "our" refer to the Company providing this insurance. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE The following is a summary of the Limits of Insurance and additional coverage provided by this endorsement. For complete details on specific coverages, consult the policy contract wording. A Me icd PWri nts -Unit Increased to $15,, aYl,� B. SrP#WrNarY Paynaits - Bail dads increased to $25WLass of aerrntrgs increased to $500 each day. C. Tatat'sLagWLi"ity-for Fire LigYiiig Exp'asm, S7ckeend Leaks from $xirdda-s- Lirrft increased to $ 00, ORT D. Braadsa/DdrrvtianoflMpisMlnsrai, E AT"xiei Duties in The Eisr# Of ocowreacG Clam Or 9,#t, F BroeiJaW defirrGcn c(Ad willing kytry -includes Te ewsai Or l4oboi ;ped Pub'ieaticn; G AnadaJ "nf m Of Bally lnyrry to induaL- Me itaf ArWstt H. Broadaael defirrtiaa d Ftfaaaal Iryuy _ IndudwAUm of Pra.aw1d'ssiarnation; I. Anmoled Urinter0onaf Failure To Dfsdoae Hamrd(r J Analdle<dLiba-afimlknaaLm K Added 57PIO)e9 Indgr"i7caflar, Dater se Caaagle - I* wfll pay t4o to $25,, 000 in dafe sa outs for of "arpoyee in a crimfnaf prop sing (SWe t to aster ils'Iwi criteria), L. "Rcparty1,EW - Idatn of atdugof for "property da�r�,,�e• resiffing hen the ue of reasarahe force to prote t pe-sxu or proper y M. Added blanket Ada tionaf lnsrai - Ftr4 g S"cet N AobWblanket AodhaladlnsreJ-Marago-sorLessors ofPre s9s, D AdaWGera-afAcgregateLim'tPa-loatlaI 'APPROVED AS to FOt2M P Abra -ow VWarcraR - c owage layth is inaaascd to 58 h ; IA5� ill d Laura Stiu Assistant C11, Page 1 of 5 Includes copyfighl material of the Irrswarke Services Office, Inc. used with its permission. PI-NP-003 (5/01) E. Duties In The Event Of OccurrenM Claim Or Sift 1. The requirement in condition 2.a. (Conditions, Section IV) that you must see to it that we are notified as soon as practicable of an "occurrence" or an offense, applies only when the "occurrence" or offense is known to: (a) You, if you are an individual; (b) A partner, if you are a partnership: or (c) An executive officer or insurance manager, if you are a corporation. 2. The requirement in condition 2.b. that you must see to it that we receive notice of a claim or "suit" as soon as practicable willnot be considered breached unless the breach occurs after such claim or "suit" is known to: (a) You, if you are an individual; (b) A partner, if you are a partnership; or (c) An executive officer or insurance manager, if you are a corporation. F. Advertidnp injury -Televised Or Vldao eW Publicatlan 1. The definition of "Personal and advertising injury" items 14. (d),(e), (f) and (g) is changed to read: "Personal and Advertising injury" means injury arising out of one or more of the following offenses: d. Oral, written, televised or videotaped publication of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or services; e. Oral, written, televised or videotaped publication of material that violates a person's right of privacy; f. Missappropriation of advertising ideas or style of doing business; or g. Infringement of copyright, title or slogan. 2. Exclusions a. (2) and a. (3) of Coverage B., Personal And Advertising Injury Liability,are charged to read: a. (2) Arising out of oral, written, televised or videotaped publication of material, if done by or at the direction of the insured with knowledge of its falsity; a. (3) Arising out of oral, written, televised or videotaped publication of material whose first publication took place before the beginning of the policy period. G. BodilyIrgury- Mental Anguish The definition of "bodily injury" is changed to read: "Bodily Injury": a. Means bodily injury, sickness or disease sustained by a person, and includes mental anguish resulting from any of these; and b. Except for mental anguish, includes death resulting from the foregoing (item a. above) at any time. H. Pesonallrgury-Abuse0fProoeearDiscrimination If Personal and Advertising Injury Liability Coverage (Coverage B.) is not otherwise excluded from this Coverage Part:- 1. The definition of "Personal and advertising injury" is changed by: a. Revising item b. of that definition to read: Malicious prosecution or abuse of process: b. Adding the following: "Personal Injury" also means discrimination based on race, color, religion, sex, age or national origin, except when: (1) Done intentionally by or at the direction of, or with the knowledge or consent of: (a) Any insured; or (b) Any executive officer, director, stockholder, partner or member of the insured; or (2) Directly or indirectly related to the employment, former or prospective employment, termination of employment, or application for employment of any person or persons by an insured; or APPROVED A,. ; O FORM Page 3 of 5 ✓ _. 6 / l0 Includes copyright material or the Insuanc re Servirxs OfrIce, Irc, used With its permission Laura, -,dy Assistal„ ._ ,,, Cy PI-NP-003 (5/01) O. Gataal Aggregate Limit Per location SECTION III-Limltsof Inaurarwel paragraph 2. is amended to the following: The General Aggregate Limit is the most we will pay for the sum of: a. Medical expenses under Coverage C; b. Damages under Coverage A, except damages because of "bodily injury" or "property damage included in the "products -completed operations hazard'; and c. Damages under Coverage B. A separate Location General Aggregate Limit applies to each "location", and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. SECTION V-DEFINITIONSis amended by adding the following; "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad. P. Non-mmW Watercraft SECTION I-COVERAGEA2.Exdualartel peregraph g. (2) is amended to read as follows: (2) A watercraft you do not own that is: (a) Less than 58 feet long; and (b) Not being used to carry persons or property for a charge; This provision applies to any person, who with your consent, either uses or is responsible for the use of a watercraft. This insurance is excess over any other valid and collectible insurance available to the insured whether primary, excess or contingent. APPROVED AS TO I Laura Stitt Sheec Assistant City Atto, , Page 5 of 5 Irxludes copyright material of the Inswance Services Office. Inc. used with its permission. tlCi x/au/r.uvu ♦a.ua. .�.av �.. au. „aul� C a li'a-ox l'oJ17 02/03/,2004 16:37 3103937 rage: out WHITE & CO PAGE 02/03 SECTION IV - COMMERCIAL GENERAL 0ABILITY CONDITIONS I.8ankruptcy Bankruptcy or insolvency of the insured or of the insured's estate will not relieve Its of our obliga- tfons under this Coverage Part. 2, Duties in The Event Of Occurrencei Offense, Claim Or Suit a. You must see to it that we are notified as soon as practicable: of an "occurrence or an offense which may result. in a 'claim. To the extent possible, notice should include: (T)How, when and whorethe 'occurrence" or offense took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the 'occurrence" or offense. b_ if a claim is made or 'suit" is brought against any insured, you must: (1) Immediately record the specifics of the claim or "suit" and the date received; and (2) Notify us as soon as practicable. You must see to it that we receive written no- tice of the claim or "suit" as soon as praetice- ble. c. You and any other involved insured must: (1) Immediately send us copies of any de- mands,' notices, summonses or legal pa- pers received in connection with the claim or 'suit"; (2) Authorize us to obtain records and other information; (3) Cooperate with us In the. investigation or settlement of the claim or defense against the "suit"; and (4) Assist us, upon our request, In the err forcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. d. No insured will, except at that insureds own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without our consent. 3. Legal Action Against Us No person or organization has a right under this Coverage Part. a. To join us as a parry or otherwise bring us into a "suit" asking for damages from an insured; or b- To sue us on this, Coverage Part unless all of its terms have been fullycomplied with. A person or organizatiom may sue us to recover on an agreed settlement or, on a final judgment against an insured obtained after an actual trial; but we will not be liable for damages that are not payable under the terms of this Coverage -Part or that are in excess of the. appficaNe limit of Insur- ance. An agreed settlement means a setlement andrelease of liability- *nod by us, the'insured and. the claimant or the -.:claimant's legal represen- tative. 4. Other insurance If other valid and coilectible insurance is available to the insured for a toss we cover under Cover- ages A or B of this Coverage Part, our obligations are limited as follows_ a. Primary Insurance This insurance is primary except when b. be- low applies. Ii this insurance is primary, our obligations are not afleeted unless any of the other. insurance is also primary. Then, we will share with all that other insurance by the method described in c. below. b. Excess Insurance This insurance is excess over, (1) Any of the other insurance, whether pri- mary, excess, contingent or on any, other basis: (a) That is Fire. Extended Coverage, Builder's Risk, installation Risk oi� Simi- lar coverage for 'your work'; (b) That is` Fire 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 rented to you or 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 In- jury And Property Damage Liability. (2) Any other primary insurance available to you covering liability for damages arising out of the premises or operations for which. you have been added as an additional in- sured by attachment of an endorsement. s: .PPROVED AS TO NORM Laura Stitt S asaistaat City 1. - CG 00 01 07 98 Copyright, Insurance Services Office, Inc., 1997 Page 9 of 13 • 02/'03/2004 16:37 3103937 WHITE & CO rage: uvj PAGE 03CO3 When this insurance is excess, we will have, no duty under Coverages A or B to defend the in- sured against any "suit" if any other in§urechas a duty to defend the insured against that 'su l". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. , When.this insurance is excess over other in- surance, we Will pay only our sharii of the amount of the loss, if any; that exceeds the. sum of: (1) The total amount that elf such other insur- once. would pay for the loss in therabsence of this insurance; and .(2) The total of all deductible and self -insured amounts under all that other insurance. We will share. the remaining loss, if any; with any other'in$urance that Is not described in this Excess Insurance provision and was not bought .specfccaly, to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage. Part. c. Method Of Sharing If all of the other insurance permits contribu- tion by equal shares, we will follow this method also. Under this approach each insurer con- tributes equal amounts until it has paid its ap- plicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance 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, 6. Premium Audit a. We will compute all premiums for this Cover- age Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as ad- vance premium is a deposit premium only- At the close of each audit period we will compute •- the earned premium for that period. Audit Premiums are due and payable on notice to the first Named Insured. If the sum of the ad- vance and audit premiums paid for the policy period is greater than the earned premium, we Will return the excess to the first Named in- sured. C. The first Named Insured must keep records of the information we need for premium compu- tation. and send us copies at such times as we may request 6. Representations By accepting this policy, you agree; a. The statemonts in the Declarations are accu- rate and complete; b. Those statements are based upon representa- tions you made to us; and c. We haysissued this policy in reliance upon your representations_ 7. Separation:0f insureds Except with respect to the. Limits df Insurance, and any rights or duties specifically assigned in this Coverage: Part to the first Named insured; this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom Claim is made or "suit" Is brought. 8. Transfer Of Rights Of Recovery Against Others To Us If the insured has rights °to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The in- sured must do nothing after We to impair them. At our request, the insured will bring 'suit" or transfer those rights to us and help us enforce them. 9- When We Do Not Renew If we decide not to renew this Coverage Part, we will mail or deliver to the first Named Insured shown in the Declarations written notice, of the re nor newal not less than 30 days before t4 expi- ration date. If notice is mailed, proof of maiing will be suffi- cient proof of notice. SECTION V - DEFINITIONS 1. "Advertisement' means a notice that is broadcast or published to the general public or specific mar- ket segments about your goods, products 4 serv- ices for the purpose of attracting customers or supporters. 2. "Auto" means a land motor vehicle, trailer or semitrailer designed for travel on public roads, in- cluding any attached machinery or equipment. But "auto' does not include "mobila equipment`. 3. -Bodily injury' means bodily injury, sickness or disease sustained by a person, Including death re- sulting from any of these at any time. 4. 'Coverage territory" means: a. The United States of America (Inclurdng Its territories and possessions), Puerto RICO and APPROVED AS TO FORM Canada; Laura Stitt Sheedy Page 10 of 13 AssistJd;?iLyii9hkJBfpRnce Services Office, Inc., 1997 CG 00 01 07 98 1 SP _ERTHOLDER COPY STATE P.O. BOX 807, SAN FRANCISCO,CA 94142-0807 COMORNSATION INSURANCE ; FU N O CERTIFICATE OF WORKERS' 'COMPENSATION INSURANCE ISSUE DATE: 03-28-2005 - GROUP: POLICY NUMBER: 1810814-2005 -- - . CERTIFICATEID: _ 44 CERTIFICATE EXPIRES: 03-28-2006 03-282005/03-28-2008 C ITY ,OF SANTA-SP' JOBS ALL OPERATIONS CDBG M-2§ ATtWi CARLA,TNOMPI�,WS P.O. BOX 19p i 29 SANTA ANA CA -92705 This is to Certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California .Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 10days' advance written notice to the employer. We will also give you .j0 days' advance notice should this policy be cancelled prior to its normal expiration. This certificate of jinsuranae is not an irlsurance policy and does not amend, extend or alterthe coverage afforded by the pol ies listed herein Notwithstandk4 any. requirement, term, or condition of any contract or other document with respect to which this certificate of insurance .may be issued or may pertain,. the insurance afforded by the pglicjes described herein is subject to all the terms, exclusions and conditions of such policies. �►- X. AUTHORIZED REPRESENTATIVE PRESIDENT EMPLOYER'S' LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,006,000.00 PER OCCURRENCE. ,COAlo3jt7�ii;^/ 7nRlstccd _ dpPc%t{C ltf lc. CtOE"' "01 01 Sb ,Q19Aoxddd EMPLOYER ....... .LEGAL NAME ]. WOMEN'S-TRANSITIONL LVNG"CNTR, INC WOMEN'S TRANSITIONAL LIVING CENTER, INC PO BOX 6103 ORANGE CA 92863