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HomeMy WebLinkAboutSANTA ANA HISTORIC PRES SOC 7 -2000 . ~ \C\\T':Ir,f\lr'~ ~\ flU:' \~j\,_H::u"""';'.- "'::--I-....,,~.:r-D ~SibtJ~;~~~}(PlRES_ ~~~R~A;E : pOR~~i~ Cl',;"( Of Cuu,,~\L AGREEMENT BETWEEN THE CITY OF SANTA ANA AND CLERK OF COUNCIL c;...lE' f~'" ~(;i:> THE SANTA ANA HISTORICAL PRESERVATION SOCIETY FOR USE O'DAlt' r S~OV L' c of COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS ' M . ~\f c: L /",vV .This Agreement, made and entered into this 3d / day of ~ ' 2000, by and between the City of Santa Ana, a municipal rporation of the State of California ("CITY") and the Santa Ana Historical Preservation Society, a California nonprofit corporation ("SUBRECIPIENT'), """" .....,J --' A-cJ~()u - ~.(J - 3'1 WlIN!;SS!;IH Recitals: 1. CITY is the recipient of Community Development Block Grant ("CDBG") funds from the United States Department of Housing and Urban Development ("HUD") pursuant to Title I of the Housing and Community Development Act of 1974, as amended ("ACT'). 2. CITY desires to engage SUBRECIPIENT to provide the services described in "Exhibit B," hereinafter referred to as "said program" and SUBRECIPIENT represents that it is qualified and willing to operate said program. WHEREFORE, for and in consideration of the respective and mutual covenants hereinafter contained and made, and subject to all the terms and conditions hereof, the parties hereby agree as follows: I. SUBRECIPIENrS OBLIGATIONS A. SUBRECIPIENT agrees to use all federal funds provided by CITY to SUBRECIP~ENT 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. B. SUBRECIPIENT agrees to complete said program on or before June 30, 2001 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 Page 1 of 14 '-" '-' similarly situated employees. Other allowable program costs are detailed in the Budget, as set forth in "Exhibit A," 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. C. 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. D. 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. E. All funds received by SUBRECIPIENT from CITY pursuant to this Agreement shall be separately accounted for apart from any other funds of SUBRECIPIENT, or of any principal or member of SUBRECIPIENT. SUBRECIPIENT agrees that if SUBRECIPIENT receives Three Hundred Thousand Dollars ($300,000.00) or more in CDBG funds under the terms of this Agreement, 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 Offiee 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. F. SUBRECIPIENT shall keep records of all funds received from CITY under the terms and conditions of this Agreement in accordance with the procedures set forth in the "Agreement Accounting and Administrative Handbook" of CITY, a copy of which shall be provided to SUBRECIPIENT by CITY. Page 2 of 14 "'" .'wI SUBRECIPIENT agrees to keep 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, number of female heads of households, and number of senior citizens assisted. SUBRECIPIENT agrees to provide CllY with written cumulative (year-to- date) reports of its activities on or before the 15th day of October, January, April and July for the period beginning July 1, 1999 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. CllY and the United State Govemment 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. CllY 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. In the event SUBRECIPIENT does not make the above-referenced documents available within the city of Santa Ana, Califomia, SUBRECIPIENT agrees to pay all necessary and reasonable expenses incurred by CllY in conducting any audit at the location where said records and books of account are maintained. G. All accounting records and evidence pertaining to all costs of SUBRECIPIENT and all documents related to this Agreement shall be kept available at SUBRECIPIENT's office or place of business for the duration of the Agreement and thereafter for four (4) years after completion of an audit. 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 CllY or any other governmental agency takes exception, shall be retained beyond the four (4) years until resolution or disposition of such appeals, litigation, claims, or exceptions. H. SUBRECIPIENT acknowledges that the funds being provided by CllY for said program are received by CllY 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 Page 3 of 14 '-' '-' regulations found at Title 24 of the Code of Federal Regulations and the certifications more particularly set forth in "Exhibit C," attached hereto and by this reference incorporated herein. 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. I. 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. J. Without prejudice to any other proVIsions of this Agreement, SUBRECIPIENT shall, where applicable, maintain the confidential nature of information provided to it conceming 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. K 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. . L 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 or repay CITY all amounts spent in violation thereof. M. SUBRECIPIENT agrees to maintain a record for each item of non- expendable personal properly acquired under the terms of this Agreement. Said record shall be made available to CITY upon request. The term "non-expendable personal properly" shall include leased and purchased equipment. N. SUBRECIPIENT hereby certifies and agrees that it will not use funds provided through this Agreement to pay for entertainment, meals or gifts. O. 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, Page 4 of 14 " """" 'WI entering into any cooperative agreement and the extension, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. SUBRECIPIENT shall sign a certification to that effect in a form as set forth in "Exhibit D," attached hereto and by this reference incorporated herein. 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. P. 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. II. CITY'S OBLIGATIONS A. 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 2000-01 CDBG program year amounts expended by SUBRECIPIENT in carrying out said program for fiscal year 2000-01 pursuant to this Agreement up to a maximum aggregate payment of Eight Thousand Dollars ($8,000.00) in installments determined by CITY. Payments shall be made to SUBRECIPIENT through the submission of periodic invoices, 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 within the scope of this Agreement and that SUBRECIPIENT is in compliance with the terms and conditions of this Agreement. B. CITY shall include an audit of the account maintained by SUBRECIPIENT pursuant to Paragraph I.F. hereinabove in CITY's annual audit of all CDBG funds in accordance with applicable federal regulations. Page 5 of 14 . , '-' 'wi III. PROGRAM INCOME A. "Program income," as defined at 24 CFR 570.500(a), means gross income received by the SUBRECIPIENT directly generated from the use of CDBG funds, except as provided below in Paragraph III.C. When such income is generated by an activity that is only partially assisted with CDBG funds, the income shall be prorated to reflect the percentage of CDBG funds used. B. Program income includes, but is not limited to the following: 1. Proceeds from the disposition by sale or long term lease of real property purchase or improved with CDBG funds; 2. Proceeds from the disposition of equipment purchased with CDBG funds, except as provided in 24 CFR 570.500(a)(3). 3. Gross income from the use or rental of real or personal property acquired by the SUBRECIPIENT with CDBG funds, less the costs incidental to the generation of such income; 4. Gross income from the use or rental of real property owned by the SUBRECIPIENT that was constructed or improved with CDBG funds, less the costs incidental to the generation of such income; 5. Payments of principal and interest on loans made using CDBG funds; 6. Proceeds from the sale of loans made with CDBG funds; 7. CDBG funds; Proceeds from the sale of obligations secured by loans made with 8. Interest earned on funds held in a revolving fund account; 9. Funds collected through special assessments made against properties owned and occupied by households not of low and moderate income, where such assessments are used to recover all or part of the CDBG portion of a public improvement. C. Program income does not include income earned (except for interest described in 24 CFR 570.513) on grant advances from the U.S. Treasury. The following items of income earned on grant advances must be remitted to HUD for transmittal to the U.S. Treasury, and will not be reallocated under section 106(c) or (d) of the ACT: Page 6 of 14 . . '-' ...I 1. Interest earned from the investment of the initial proceeds of a grant advance by the U.S. Treasury; 2. Interest earned on loans or other forms of assistance provided with CDBG funds that are used for activities determined by HUD either to be ineligible or to fail to meet a national objective or other federal criteria [24 CFR 570.500(a)(2)] 3. Interest earned on the investment of amounts reimbursed to the CDBG program account prior to the use of the reimbursed funds for eligible purposes. D. The receipt of program income (as defined in Paragraph IliA hereinabove) by SUBRECIPIENT in the operation of said program shall be recorded by SUBRECIPIENT and reported to CllY. E. Program income received by SUBRECIPIENT shall be returned to CllY unless otherwise provided for in this Agreement. IV. NONDISCRIMINATION SUBRECIPIENT agrees that no person on the ground of race, 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. 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: 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. Page 7 of 14 ---- '-' """" 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. 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 TO SUBRECIPIENT: Nan Liebsack, Program Director SANTA ANA HISTORICAL PRESERVATION SOCIETY 2822 N. Flower Street Santa Ana CA 92706 Page 8 of 14 . . '-" 'wi VIII. ASSIGNABILITY SUBRECIPIENT shall not assign nor transfer any interest in this Agreement, whether by assignment or novation, without the prior written consent of CITY; provided, however, that claims for money due or to become due SUBRECIPIENT from CITY under this Agreement may be assigned to a bank, trust company or other financial institution, or to a trustee in bankruptcy, without such approval. Notice of any such assignment or transfer shall be promptly furnished to CITY. 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. SUBRECIPIENT shall fumish the CITY Clerk's Office with an insurance certificate from its workers compensation insurance carrier certifying that it carries such insurance as established and required under California law and that the policy shall not be canceled nor the coverage reduced except upon thirty (3D) days prior notice to CITY. B. SUBRECIPIENT 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 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. Page 9 of 14 . . '-" ....., 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 SUBRECIPIENTs 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). Page 10 of 14 . '-' -.J D. SUBRECIPIENT hereby agrees, upon the demand of CITY, to execute, acknowledge and deliver, or cause any person or entity who may have any claim to rights hereunder or under any document, instrument or agreement executed in furtherance of the services and activities to be performed hereunder, to execute, acknowledge and deliver, to CITY assignment(s), quit claim deed(s) or such other and further instruments, documents and agreements as may be necessary, in the sole and absolute discretion of CITY, to vest in CITY all of SUBRECIPIENTs 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. SUBRECIPIENTs obligations and responsibilities set forth in this paragraph "XI. REVERSION OF ASSETS," and in paragraphs "XII. TERMINATION" and "III. 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 satisfa9lion of CITY and HUD. XII. 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 performed prior to the mailing or Page11of14 . , "-" ~ 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. E. In the event this Agreement is terminated as set forth in subparagraphs XII.A. through XII.D., 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. 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 netice 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. Page 12 of 14 , '-' ~ 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. XV. LAWS GOVERNING THIS AGREEMENT This Agreement shall be govemed by and construed in accordance with the laws of the State of California, and all applicable federal laws and regulations. Page 13 of 14 , "- -...I 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the last date and year written below. CITY OF SANTA ANA, A municipal corporation DATED: 7-j""-C/D ~cp2 AVID N. REAM, City Manager ATTEST: APPROVED AS TO FORM: ~fuj.//':~c!' PATRICIA E. HEALY Clerk of the Council JYv~P~". ~ City Attorney SUBRECIPIENT: SANTA ANA HISTORICAL PRESERVATION SOC TY DATED: j~~!oo W'E~t ~ -~ ALISON YOUNG, r sid n 00-01 AGMt CDBG SAHPS Living History Page 14 of 14 , FROM : .CHR [S LlEEEACK A-O-E NO. 714 547 2628 . 'WI Jun. 14 2000 10:03PM P5 """ SANTA ANA HISTORICAL PRESERVATION SOCIETY COMMUNITY DEVELOPMENT BLOCK. GRANT PROGRAM FY 2000 - 2001 BUDGET Thml COOO ~ Description: ExDenditures: SALARIES: Progmm ManlIger & Amistant $2,800.00 $2.800.00 0 a. Program Actors 500.00 SOO.OO 0 OTIffiR.S: o-.....'-~: ~> 1abor.1lIlderials, purobase, reotaI, repairs, cleaning, ew. $2,100.00 $2,100.00 0 T eIepbone. oflil:e expenses, etc. $600.00 600.00 0 LiteraturelHandouts, Priming & Props. $2.000.00 $2,000.00 0 TOTAL._...S8.000.00 EXHIBIT A , FROM:. CHR I 5 LI EBSACI( ....... PHONE NO. : 714 547 262C '...I J~n. 14 2000 10:04PM P6 PROGRAM STATEMENT - 2000 -2001 San1a Ana Historical Preservation Society 120 Civic Center Dr. West Santa ADa, CA 92701 T~ID #237407248 The Living Histol)' Program has been developed to increase the Imowledg~ anctawanmess of early Santa Ana history for the 3rd grade studeuls in the San1a Ana School Distrlct. We also are hoping to develop a sense ~ and interest in l.eam.ing mote about the children', early ancestors rwt'~ positive things they accomplished at the Tum of the Century. . ~ '<C\ '" EXHIBIT B . , '-' ...., . Certification Regarding Lobbying Certification for Contracts. Grants Loans. and Coo~erative A~reements The undersigned cercifies.. Co elle besc of his or'her knowledge and belief.:thac.: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of elle undersigned, co any person for influencing or attemptiDlj; to influence an officer or employee of any agency, a Kember of Congress', an officer or employee of Congress. or an employe of a Iiember of Congress in connection wich che awarding of any Federiil concract, elle maldng of any Federal grant. che making of any Federal loan. che entering into of an:y cooperative agreement. and che extension. continuation. renewal.. am..n.1....nt. or,. modificatiOn of an:y Federal contract. grant. loan. or cooperative agreement. (2) If any funds ocher than Federal qpropri.ated funds. ha:ve been paid or will be paid to a:ay person for infln......i.,g or 'ateelllpting'to influence 8J1 offi.cer'or. employee of an:y agency"aliember of CoagJ;ess" aJt offi"er or employee of COngress. or an employee of a Kember of'Congress. in coanecti.ou with tilisFederal. con~'t.,' . graut, loan. or ~ve ~. dJe.........'="'i lV'M shall COIIIplete and Submit Standard Form-IlL, -Disclosure Fom. to Report Lob~, - in accordance nth i.ts ' i.nstructions . (3) 111e under~ shalJ. require. Chat t:he::l.8DgU.age of 1:bis certifica.ti.ou be ;.."..ln~ in the aura """'_ts mr all. suhawaDSs at' all.. tiers O:tt<'l~";"'g subcontracts, .suhor-..'~.. and,contracts 1D1der grants, lo8llS, and'-coopera.tive agreements) and Chat ~ ....a.~1ea.ts sbalJ..eet:t1.fy',and "i""l",~ aceorili"'gl:y. ' nu.s certification i.s a material. represeutetionof,fa.ct.upou Wich reli.ence was p1.&ced .men' this tr8IISaetiou' was' made or'~ 'into.' Submissi.on' of t:lii.s . certification i.s a ,prerequ,isite for ....1ri"'g'or entering into t:his transaction_ imposed by- section 13S~, title 31, U.S. Code.' Any person wO' fails to..file the . required cerCi.ficatiou shall be subject to 'a civil. penalty of not less than. $10,000 and not more than $100,000 for each such 'failure. . . 51+IJTIl AlVA //~'1I.)f-kAL ~ESOiM7DN Sberf Grantee/Contractor Organization \' . ' LiV'fI(f; 1-!t~Mf II Program T~tle . :J LI E.bsAct L of Certifying Officer Date . EXHIBIT C , , ..jsclosure of Lobbying Activ~s Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 (See reverse side for Instructions and PubUc Reporting burden statement) Approved by OMB 0348-0046 1. Type of Federal Action 2. Status of Federal Action 3. Report Type o a. contract o a bid/offer/application o a. initial filing b. grant b. initial award b. material change c. cooperative agreement c. post-award For Material Change Only d. loan year (yyyy) quarter e. loan guarantee f. loan insurance dale of last report (mmlddlyyyy) 4. Name and Address of Reporting Entity 5. It Reporting Entity In No.4 Is Subawardee. enter Name and Address OPrime o Subawardee Tier . if known: of Prime 0 _. Congressional District, if known Congressional District, if known 6. Federal Department/Agency 7. Federal Program NamelDeactlptlon CFDA Number, if applicable 8. Federal Action Number, if known 9. Award Amount, If known . $ 10a Name and Address of lobbying Registrant b. .lndMdualsPerfonnlngServlces(lncluding address H different from No. lOa.) fd Individual. last name, first name, MI) (last name, first name, MI) 12. Fonn of Payment (check all that apply) o a. cash o b. in-kind; specify: nature value (attach oonMuallon _(0) H neoessary) 13. Type of Payment (check an that apply) o a. retainer o b. one-time fee o c. commission o d. contingent fee o e. deferred o f. other (speoify) 14. Brief Description of Services Perfonned or to be Perfonned and Date(s) of Service, Including offlcer(s~ employee(s), or Member(s) contacted, for Payment Indicated In Item 11 planned 11. Amount of Payment (check all that apply) $ actual (attach continuation sheet(s) if necessary) 15. Continuation sheets attached 0 Yes 0 No 16.lnlormation requested Ihrough Ihis form is aulhorized by See.31g, Pub. L. 101-121,103 Slat. 750, as amended by sec. 10; Pub. L.104- Signature 65, Slat. 700 (31 U.S.C. 1352). This disclosure 01 lobbying activities is a material representation of fact upon which reliance was placed Print Name' by the above when this transaction was made or entered inlo. This disclosure Is required pursuanllo 31 U.S.C. 1352. This informalion TiUe will be reported to the Congress semiannually and will be available lor public inspection. Any person who faiis 10 lile Ihe required Telephone No. disclosure shall be subject to a civil penalty of not less Ihan $10,000 and not more than $100,000 lor each such failure. Date (mmlddlyyyy) Authorized for Local Reproduction Standard Form-LLL (7/97) 'wi Instructions for Completion of SF-LLL, l1i"..bsure of Lobbying Activities This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt of a covered Federal action, or a material change to a previous filing, pursuant to tiUe 31 U.S.C. section 1352. The filing of a form is required for each payment or agreement to make payment to any lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or any employee of a Member of Congress in connection with a covered Federal action. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered Federal action. 2. Identify the status of the covered Federal action. 3. Identify the appropriate classification of this report. If this is a followup report caused by a material change 'to the informa- tion previously reported, enter the year and quarter in which the change occurred. Enter the date of the last previously submitted report by this reporting entity for this covered Federal action. 4. Enter the full name, address, city, state and zip code of the reporting entity. Include Congressional District, if known. Check the appropriate classification of the reporting entity that designates if it is, or expects to be, a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the 1st tier. Stibawards include,but are notlimited to subcontracts, subgrants and contract awards under grants. 5. If the organization filing the report in item 4. checks "Subawardee", then enter the full name, address, city, fltate and zip code of the prime Federal recipient, Include Congres- sional District, if known. 6. Enter the name of the Federal agency making the award or loan commitment. I nclude at least one organizational level below agency name, if known. For example, Department of Transportation, United States Coast Guard. 7. Enter the Federal program name or description for the cov- ered Federal action (item 1).11 known,. enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans, and loan commitments. 8. Enter the most appropriate Federal identifying number avail- able for the Federal action identified in item 1 (e.g., Request for Proposal (RFP) number; Invitation for Bid (IFB) number; grant announcement number; the contract, grant, or . loan award number; the application proposal control number as- signed by the Federal agency). Include prefixes, e.g., "RFP- DE-90-001." 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan commitment for the prime entity identified in item 4 or 5.' .. 10. (a) Enter the full name, address, city, state and zip code of the . registrant under the Lobbying Disclo$ureAct 011995 engaged by the reporting entity identified in item 4 to influence the covered Federal action. (b) Enter the full names of the Individual(s) performing ser- vices, and include full address if different from 10 (a). Enter Last Name, First Name, and Middle Initial (MI). 11. Enter the amount of compensation paid or reasonably ex- pected to be paid by the reporting entity (item 4) to the lobbying entity (item 10). Indicate whether the payment has been made (actual) or will be made (planned). Check all boxes that apply. If this is a material change report, enter the cumulative amount of payment made or planned to be made. 12, Check the appropriate box (es). Check.all boxes that apply. , If payment is made through an in-kind contribution, specify the nature and value of the in-kind payment. 13. Check the appropriate box (es). Check all boxes that apply. If other, specify nature. 14. Provide specific and detailed description of the services that the lobbist has performed, or will be expected to perform, and the date(s) of any services rendered. Include all preparatory and related activity, not just the time spent in actual contact with Federal officials. Identify the Federal offlcial(s) or employee(s) contacted or the officer(s), employee(s), or Member(s) of Congress that were contacted. 15. Check whether or not a continuation sheet(s) are attached. 16. The certifying official shall sign and date the form, print his/her name, title, and telephone number. Public Reporting Burden for this collection of information is estimated to average 30 minutes per response., including the time for reviewing Instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reViewing the collection of information. Please do not return your completed form to the Office of Management and Budget; send It to the address provided by the sponsoring agency . Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0046), Washington, DC 20503. Authorized for Local Reproduc~lon Standard Form-LLL (7/97) ATTACHMENT I TO EXHIBIT C -- PAGE 20f 2 , '.' .' -- "wi EXHIBIT D SUBRECIPIENT warrants the following: l. SUBRECIPIENT will comply with Public Law 88-352, title VI of the civil Rights Act of 1964 (42 U.S.C. S2000 et seq.) and implementing regulations in 24 CFR Part l. 2. No person in the United states shall on the ground of race, color, religion, national origj.n,' 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 d~termined in accordance with the Davis~Bacon Act, as amended, 40 U.S.C. SS276a-276a-5, exCept for individuals who perform services for which they volunteered;. do not receive compensation' for '. such . services; or are paid expenses, reason~le . benefits, . or a nom1nal. fee for such. services; . and are not otherwise employed at any time in construction work. . 4. stJBRECl:P~will"oompl.y..wit:h all. Federal. .~tatutes applicable to projects funded with COIIIIIlUDity deveJ.opmeilt funds,' except 'tb.il.t (a) SUBRECIPtENT does not assume CJ:TY's environmental . J. ACPRQN CERTIFICCE OF LIABILITY INSlOANCE DATE fMMlDD0'V1 07/11/2001 PRODUCER (209)478-5023 FAX (209)478-0217 O~'~ tAND 'CONFE~~ NO RIGHTS ~PON THE CERTIFICA TE 'v~ Truex Insurance Agency HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.O. Box 7276 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 2291 W. March Lane, Suite 100A INSURERS AFFORDING COVERAGE Stockton, CA 95267 INSURED Conference of CA Hlstorlcal SOCleties. INSURER A: Hartford dba: Santa A~a Historical Preservation INSURER B: Society - INSURER c: 120 Civic Center Dr W INSURER o. Sa~ta Ana CA 92701 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TOTHE 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 PAJD CLAIMS. 'lTR TYPE OF INSURANCE POLICY NUMBER '"DATE '(MM/DDfYYl -DATE IMMIDDIYY) LIMITS GENERAL LIABILITY 57UUNGI5510-01 06/30/2001 06/30/2002 EACH OCCURRENCE S l,OOO,OOC X COMMERCIAL GENERAL LIABilITY FIRE DAMAGE (Anyone fire) , 300,OOC I CLAIMS MADE [!] OCCUR MEO EXP (Anyone person) , 10,000 A PERSONAL eo ADV INJURY I 1,000,000 GENERAL AGGREGATE , 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS. COMP/OP AGG , 2,000,000 I' ,nPRO. n, POLICY JEer lOC AUTOMOBILE LIABILITY COMBINED SINGlE LIMIT - I ANY AUTO . (Eaaccident) - All OWNED AUTOS BODilY INJURY - {Per person) , SCHEDULED AUTOS - HIRED AUTOS BODilY INJURY - (Peraccldenl) , NON..()WNED AUTOS - PROPERTY DAMAGe' , (Peraccidenl) GA.RAGE lIA.BILlTY AUTO ONLY. EA ACCIDENT , ==1 ANY AUTO OTHER THAN EA ACC , AUTO DNL Y: AGG , EXCESS liABILITY EACH OCCURRENCE , ~ OCCUR D CLAIMS MADE AGGREGATE S , ==1 ~EOUCTIBLO . RETENTION , . WORKERS COMPENSATION AND I TORY LIMITS I l'oR EMPLOYERS' LIABILITY E.l. EACH ACCIDENT S E.l. DISEASE. EA EMPLOYE S E.l. DISEASE - POLICY LIMIT , OTHER 57UUNGI5510-01 06/30/2001 06/30/2002 Limit : $ 21,000 usiness Personal A roperty Deductible: $' 500. DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLESJEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS enewa 1 certificate. The City of Santa Ana, its Officers, agents, employees & volunteers are named S additional insureds as respects their interests in connection with the Insured's operations onducted on City property. CERTIFICATE HOLDER I I ADDITIONAL INSURED; INSURER LETTER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANYWllL~ MAIL City of Santa Ana - CDBG JL DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE lEFT, M-25 Community Development Agency kWll*K)(!IIl<lOO8OOQXK)(~1llI1(9OO("JI)Q)(Q(~K)l)(X POBox 1988 M-25 k!(~JlKlOlllllQ!I!IlJQlOX!I(~~~1JOO(1IlOO(l(XXXXXXX Santa Ana, CA 92702 AU,THORIZED :;Q;~TAnv~ N~ Rlchard rlS i tfl",} ~, ...... J .--' '"- c ,"0< - I "SUr,.." ,--. '.....-..... , v ',---" , c .' . ""'" '- '-' ADDITIONAL INSURED ENDORSEMENT , :I~urance Company Hartford Insurance ComDaiw This eridmrsement modifies such insurance as is afforded by the provisions of Policy # S7UUNG:rl5S10 -01 relating to the following: 1. ! The City of Santa Ana, 20 Civic Center Plaza, S"!nta Ana, Catifomia 92701; its. officers, employees, agents and representatives are named as additional insureds ("addition~1 insureds") with regard to liability and defense 'of suits arising from the operations and uses perfcrmed by or on behalf of the named insured. 2. . With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is nqt additional to or contributing with any other insurance carried by or for the benefit o~ the additional insureds. 3. I This insurance applies separately to each insur,ed against whom claim is made or isuit is brought except with respect to the company's limits of liability. . T.-,e inclusion pf any person or organization as an insured shall not affect any right which such persol1 or organization would have as a claimant if not so included. . 4. , With respect to the additional insureds, this insurance shall not be cancelled~ or materialty reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion onhe fOllowing, including countersignature,: is reqUired to make this endorse~ent effective.) . I I Effective ,06/30/01 ,this endorsement form as a part of I POIiCY#!S7UUNGI5S10 -01 , ,. Issued to Santa Ana Historical Preservation Society Named Insured Countersigned by .1l;;~r;JA# ~~ ::-L'.- .,'-" .' "",.-,.. -J'i ~ -'''-.._''. . ( \ , .......,-"' ACORD CERTIFICfTE OF LIABILITY INSl~~NCE DATE (MMlOOIYY) '" 07/05/2000 PPoouffo ~J09)478-5023 '-'9)478-0217 THIS CERTIFIc.;Alc '" '" ; AM"" er< u. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE TruJ'x Insurance Agency HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.O. Box 7276 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 2291 W. March Lane, Suite 100A INSURERS AFFORDING COVERAGE Stockton, CA 95267 INSURED Conference oT CA Historical Societies INSURER A: Hartford dba; Santa Ana Historical Preservation Soc. INSURER B: 14561 Livingston Street INSURER c: Tustin, CA 92780 INSURER 0: , INSURER E: COVERAGES THE POUCIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REOUIREMENT. 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. r~f~ TYPE OF INSURANCE POLICY NUMBER DATE fMMJDDIYV) DATE (MMlDDJYYI UMITS ~NERAL LIABILJTY 57UUNGI5Sl0 06/30/2000 06/30/2001 EACH OCCURRENCE S 1,000,000 X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (My O/'Ie fire) S 300,000 l CLAIMS MADE 0 OCCUR MEC EXP (Anyone petSCtI) S 10,000 A - PERSONAL & ADV INJURY S 1,000,000 - GENERAL AGGREGATE S 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS. COMP/O? AGG S 2,000,000 I .f1PPo. ri POLICY JEer lOC ~TOMOBILE LIABILITY COMBINED SINGLE LIMIT S ANY AUTO (Eaaccrdenl) - ALL OWNED AUTOS BODILY INJURY - O"P-~ (Per person) S - SCHEDULED AUTOS - HIRED AUTOS ~ ?>~ ::--.,# BODILY INJURY (Persccident) S - NON.OWNED AUTOS - _","O"<t~ f} Po'~ C'f.. _~ PROPERTY DAMAGE S (Per aCCident) ~RAGE LIABILITY v?'''' ",'1.\.0'" AUTO CNL Y . EA ACCIDENT S ANY AUTO ....''C.:)- ~ ~'I.'l OTHER THAN EA ACC S ~;~\'I _,- AUTO ONLY: AGG S ~ESS LIABILITY 'l'!'" ( J(VJ EACH OCCURRENCE S OCCUR D CLAIMS MAOE AGGREGATE S ~ , ~ DEDUCTIBLE , r RETENTION S S WORKERS COMPENSATION AND I T'O)\,9lll,;,~S I IUE'- EMPLOYERS' UA61LlTY E.L. EACH ACCIDENT S E.L. DISEASE. EA EMPlOYE S E.L. DISEASE. POLICY LIMIT S OTHER DESCRIPTION OF OPERATIONSlLOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS enewal Certificate. The City of Santa Ana, its Officers, agents, employees & volunteers are named s additional insureds as respects their interests in connection with the Insured's operations onducted on City property. CERTIFICATE HOLDER I X I ADDITIONAL INSURED; INSURER LETTER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE I EXPIRATION DATE THEREOF, THE ISSUING COMPANY W1LL~ MAIL City of Santa Anna-CDBG .-l(LOAYS WRITTEN NOTlCE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, ~~)(~~IlJ(D(~~~)O(X M-25 Community Development Agency 1l~~JlD()QlllOOlIX!QlI?(~~l()(XXXXXY P. O. Box 1988 M-25 Santa Ana, CA 92702 AUTHORIZED REPRESENTATIVE Richard -Sarris :T7797l .\.\ ;.;....~C.,.lllll:. .UV~. -..:._ ;;;.,olV! l~'~_ :U~-22-:S~9 1~:23 =~CM C:7Y C~ S~NTA ANA~CuM.DEv i~ r, UU" S:20S~78a2:7 P.02 , , ....-. , v '---' ,. -.. I I i I \ I I ' ,I~urance Company Hartford Insurance Company I I This eridcbrsement modifies such insurance as is afforded by the provisions of Policy # 57UUNG:D5510 relating to the following: I , 1, I The City of Santa Ana, 20 Civic Center Plaza, SC\nta Ana, California 92701 ~ its, oificer~, employees, agents and representatives are named as additional insureds ("additional insureds") with regard to liability and defense 'of suits arising from the operation~ and uses performed by or on behalf of the named insured, ' I ' 2. 1 With respect to claims arising out of the operations and uses performed by or on be~alf of the named insured, such insurance as is afforded by this policy is primary and is 'not additional to or contributing with any other insurance carried by or for the , benefit o~ the additional insureds. I' 3.1, This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's iimits of liability. . The inclusion ~f any person or organization as an insured shall not affect any right which: such person 01, organization would have as a claimant if not so inoluded. ' , 4.1 With respect to the ad'ditional insureds, this insurance shall not be cancelled; or materially reduced in coverage or limits except after thirty (30) days written notic~ has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. I ' ' . I ! , """ ""'" ADDITIONAL INSURED ENDORSEMENT (Completion ofthe following, including countersignature,:is reqUired to make this " endorsement effective.) , I ' Effectiv,' 06/30/,7000 ' this endorsement form as a part 01 Policy #1 57UUNGI55 10 , I' " Issued to I Santa Ana Historical Preservation Society Named Insured ~ ~, Countersigned by ~ ~ --::;-