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LEGAL AID SOCIETY OF ORANGE COUNTY 11
9~~ AGREEMENT TERMINATION Please complete this form when the attached agreement is no lo~Yei~t~ct ~ 7 ~~ Return form to the Sr. Deputy Clerk of the Counci] (M-30). C®~~6z~7=5238 if ~c~ ~'G~any questions. ~~-~~~ `~"~i~ ----------------------------------------------------------------- The agreement with , ~i~ ~ , No.n'oZ~O'O/it- was completed on ~ ~. ~ $ a 007 ,and final payment has been made. City of Santa Ana Revised 8-7-03 Clerk of the Council Date: S (I ~ ~ b1 A-2006-092-02,3 _,uCi_'J~ IiLi ~;r P; ;.;LED ~Nlil_ Iiai~ki=,', Ci.. FX. F'II<ES J .J_ 7 CLERK "tiE !%0!i 'i;li DiaTr 7-it-oCo D', Clla ~) AGREEMENT BETWEEN THE CITY OF SANTA ANA AND LEGAL AID SOCIETY OF ORANGE COUNTY FOR USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS 5/OS This Agreement, is hereby made and entered into this 1st day of July, 2006, by and between the City of Santa Ana, a charter city and municipal corporation of the State of California ("CITY") and Legal Aid Society of Orange County, 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-1 (Outcome Tracking). 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. The CITY and SUBRECIPIENT have duly executed this Agreement for the expenditure of such funds; and 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 aze approved and together with all exhibits and attachments hereto, shall constitute the entire Agreement between the CITY and SUBRECIPIENT: 5/OS L SUBRECIPIENT'S OBLIGATIONS A. Non-Profit Status - Representations and Warranties (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 performed and provided hereunder, (ii) it has carefully considered how the services should be performed, and (iii) it fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. (d) No Conflict. To the best of SUBRECIPIENT'S knowledge, SUBRECIPIENT'S execution, delivery and performance of its obligations under this Agreement will not constitute a default or a breach under any contract, agreement or order to which SUBRECIPIENT is a party or by which it is bound. (e) No Bankruptcy. SUBRECIPIENT is not the subject of any current or threatened bankruptcy proceeding. (f) No Pending Legal Proceedings. SUBRECIPIENT is not the subject of a current or threatened litigation that would or may materially affect SUBRECIPIENT'S performance under this Agreement. (g) Application Veracity. All provisions of and information provided in SUBRECIPIENT'S application for funding submitted to CITY including any exhibits are true and correct in all material respects. (h) No Pending Investigation. SUBRECIPIENT 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. B. Amount of Grant and Ouarterly Disbursement. The amount granted to SUBRECIPIENT is $ 6,000("CDBG FUNDS"), and such funds shall be expended by SUBRECIPIENT on or before June 30, 2007. The CDBG FUNDS shall be disbursed by CITY to SUBRECIPIENT on a quarterly basis (October, January, April and July) subject to and upon receipt and approval of a complete quarterly activity report from SUBRECIPIENT, with the final 2 5/OS payment subject to the satisfaction of the condition precedent of submittal of complete reporting information due on or before July 15 of the applicable funding year, as hereinafter more fully set forth. SUBRECIPIENT shall be obligated to perform such duties as would normally extend beyond the term, including but not limited to obligations with respect to indemnification, audits, reporting, data retention reporting, and accounting. C. Use of Funds. SUBRECIPIENT agrees to use all federal funds provided by CITY to SUBRECIPIENT pursuant to this Agreement to operate said program, as set forth in "Exhibit A," attached hereto and by this reference incorporated herein. SUBRECIPIENT'S failure to perform as required may, in addition to other remedies set forth in this Agreement, result in readjustment of the amount of funds CITY is otherwise obligated to pay to SUBRECIPIENT hereunder. D. Allowable Costs. SUBRECIPIENT agrees to complete said program on or before June 30, 2007 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. Licensine. 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. Zonine• 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 3 5/OS account for receipt, obligation and expenditure of CDBG FUNDS pursuant to applicable OMB Circular A-110 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. I. Record Keepine/Renortin¢. 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, 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. (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, copies of any and all contracts or documentation pertaining to costs for subcontractors or other documentation supporting and evidencing how the CDBG FUNDS have been expended during the applicable quarter. 5/OS (ii) Quarterly Activity Report: 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, the number of female heads of households assisted, new program information and year-to- date program statistics on expenditures, caseload and activities. 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 is conducted or in which any of the records of SUBRECIPIENT are kept. Nothing herein shall be construed to require access to any privileged or confidential information as set forth in federal or state law. K. Location of Records/Required Length of Record Keeping. All accounting records, reports, and evidence pertaining to all costs, expenses and the CDBG FUNDS of SUBRECIPIENT and all documents related to this Agreement shall be maintained and kept available at SUBRECIPIENT'S office or place of business for the duration of the Agreement and thereafter for five (5) years after completion of an audit in conformity with the CDBG REGS's. Records which relate to (a) complaints, claims, administrative proceedings or litigation arising out of the performance of this Agreement, or (b) costs and expenses of this Agreement to which CITY or any other governmental agency takes exception, shall be retained beyond the five (5) years until complete resolution or disposition of such appeals, litigation claims, or exceptions. In the event SUBRECIPIENT does not make the above-referenced documents available within the city of Santa Ana, California, SUBRECIPIENT agrees to pay all necessary and reasonable expenses incurred by CITY in conducting any audit at the location where said records and books of account are maintained. L. Compliance with Law/Program Income. SUBRECIPIENT acknowledges that the funds being provided by CITY for said program are received by CITY pursuant to the ACT as amended and that expenditures of these funds shall be in accordance with the ACT and all pertinent regulations issued by agencies of the federal government, including, but not limited to, all regulations found at Title 24 of the Code of Federal Regulations. Program income received by SUBRECIPIENT shall be returned to CITY unless otherwise provided for in this Agreement. SUBRECIPIENT agrees to comply fully with all federal, state and local laws and court orders applicable to its operation whether or not referred to in this Agreement. M. Standine. 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. 5 5/OS N. Confidentiality. Without prejudice to any other provisions of this Agreement, SUBRECIPIENT shall, where applicable, maintain the confidential nature of information provided to it concerning participants in accordance with the requirements of federal and state law. However, SUBRECIPIENT shall submit to CITY and or HUD or its representatives, all records requested, including audit, examinations, monitoring and verifications of reports submitted by SUBRECIPIENT, costs incurred and services rendered hereunder. O. Independent Contractor. SUBRECIPIENT agrees that the performance of obligations hereunder is rendered in its capacity as an independent contractor and that it is in no way an agency of CITY. 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. Eauipment. SUBRECIPIENT agrees to maintain a record for each item of non- expendable personal property acquired under the terms of this Agreement. Said record shall be made available to CITY upon request. The term "non-expendable personal property" shall include leased and purchased equipment. R. Prohibited Use. SUBRECIPIENT hereby certifies and agrees that it will not use funds provided through this Agreement to pay for entertainment, meals or gifts. S. LobbvinQ. 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 malting 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 temis 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 5/OS 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-1). 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 adecision-making process or gain inside information with regazd to such activities, may obtain a financial interest or benefit from aCDBG-assisted activity of SUBRECIPIENT, either for themselves or those with whom they have family or business ties, during their tenure or for one yeaz 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. §55(a)(3). No payment, advance, grant, loan or guazantee of funds shall be approved by the federal agency unless 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 Worknlace. 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 occun•ing in the workplace not later than five days after such conviction. 7 5/OS 3. The CITY and the United State Deparhnent 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 2006-07 CDBG program year amounts expended by SUBRECIPIENT in carrying out said program for fiscal year 2006-07 pursuant to this Agreement up to a maximum aggregate payment of Six Thousand Dollars ($ 6,000) 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. 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 grant and subgrant supported activities to assure compliance with Federal requirements. Such monitoring covers each program, function and activity and performance goals are reviewed periodically. D. Environmental Review: In accordance with 24 CFR 58, the CITY is responsible for undertaking environmental review and maintaining environmental review records for each applicable project. E. Performance Monitorine: 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. 8 5/OS 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 576.57 and OMB Circulars I-102 and A-110, 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 570.200(j): 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 9 5/OS program, where the cost constitutes in dollaz terms only an incidental portion of the CDBG expenditure for rendering the services under said program. VI. 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, steppazent 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: Robert J. Cohen Executive Director Legal Aid Society of Orange County 902 N. Main Street Santa Ana, CA 92701 VIII. 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. 10 sios IX. HOLD HARMLESS SUBRECIPIENT shall indemnify, defend and save harmless CITY, its officers, employees, agents, representatives and volunteers from and against any and all damages to or for loss of use of property and for injuries to or death of any person or persons, including property and employees or agents of CITY, and shall defend, indemnify and save harmless CITY, its officers, employees, agents, representatives and volunteers from and against any and all claims, demands, suits, actions or proceedings of any kind or nature, including, but not by way of limitation, workers compensation claims and including attorney fees and reasonable expenses for litigation or settlement, resulting from or arising out of the negligent or wrongful acts, errors or omissions of SUBRECIPIENT, its officers, directors, employees, agents, subcontractors and suppliers arising out of SUBRECIPIENT's performance of this Agreement. X. INSURANCE 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 insurance or self-insurance programs maintained by the CITY; (3) contain standard separation of insured's provisions; and (4) give to CITY prompt and timely notice of claim made or suit instituted arising out of SUBRECIPIENT's operations hereunder. SUBRECIPIENT shall: (a) prior to exercising any right under this Agreement, famish 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).] 11 5/OS 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 mazket 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 mazket 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 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 terminafion 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. 12 5/OS 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 declaze a default and termination of this Agreement by written notice to SUBRECIPIENT, which default and termination shall be effective on a date stated in the notice which is to be not less than ten (10) days after certified mailing or personal service of such notice, unless such default is cured before the effective date of termination stated in such notice. If terminated for cause, CITY shall be relieved of further liability or responsibility under this Agreement, or as a result of the termination thereof, including the payment of money, except for payment for approved expenses incurred for services satisfactorily and timely performed prior to the mailing or service of the notice of termination, and except for reimbursement of (1) any payments made for services not subsequently performed in a timely and satisfactory manner, and (2) costs incurred by CITY in obtaining substitute performance. D. The grant of funds under this Agreement may be terminated for convenience in accordance with 24 CFR 85.44. 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 standazds and program goals set forth therein. F. In the event this Agreement is terminated as set forth in subparagraphs XILA. through XILE., 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. XIIL 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, 13 5/OS 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 nofice 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 aclmowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acfing 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 governed by and constmed 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 herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall 14 5/OS 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. 15 5/OS IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the last date and yeaz written below. ATTEST: ~- ~ - PATRICIA E. HEALY Clerk of the Council CITY OF SANTA ~~ DAVID N. REAM City Manager APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney C ' 'd"L.~ By: LISA E. STORCK Assistant City Attomey DATE: SUBRECIPIENT: Name: R ert J. Cohen Title: Executive Director Tax ID: 95-1994333 16 City of Santa Ana Community Development Block Grant Scope of Work Name of Organization- Leeal Aid Societv of Orange County Name of Funded Program- Health Consumer Action Center (HCACI Annual Accomplishment Goal I. Total number of unduplicated clients (Santa Ana and Non-Santa Ana Residents) anticipated to be served by the funded program, named above, during the 12-month contract period. 51 PERSONS II. Number of Only unduplicated Santa Ana residents to be served by the funded program, named above, during the 12-month contract period. S 1 PERSONS Program and Funding Description III. Description of Work - In the space below, describe the program to be funded during the 12-month contract period. The goal of the Health Consumer Action Center (HCAC) is to help low-income people access quality health services. As the only program of its kind in Orange County, the HCAC provides legal advocacy and expertise that equips healthcare consumers with vital information so that they can obtain healthcaze coverage and benefits. The outcomes include: (1) Increase consumer knowledge of rights and responsibilities concerning access to health plan services; (2) Assist consumers with obtaining healthcare insurance and medical benefits that they are entitled to receive; (3) Improve consumer capacity to navigate managed care delivery systems. Objective(s): 1. Help 51 low-income residents of Santa Ana resolve problems related to accessing critical medical services, which if not obtained, could increase their risk of serious illness or even death. Act as legal advocates on behalf of clients to ensure that residents receive much-needed medical Gaze regardless of income by: (A) Screening applicant for eligibility through the HCAC Hotline Monday through Friday and provide advice and counsel to eligible clients, and (B) Represent clients who need a legal advocate to intervene. 2. Help low-income Santa Ana Residents become more informed and educated about their rights under current laws and regulations, particularly related to managed Gaze by: (A) Providing information to eligible clients regarding their specific health care provider and insurance program. 3. Help low-income Santa Ana residents become more informed and active health care Consumers on their own behalf by: (A) Explain to client what options they have, what benefits they aze entitled to receive and what they can do to solve their problem. IV. Activities funded by this grant -How will CDBG funds be used for the funded program? Narratively describe the budget for the funded program illustrated in Exhibit B and B-1. All of the funds from this grant will go directly toward compensation of time for the Managing Attorney and Staff Pazalegal involved in this project. Nancy Rhnsha, the Directing Attorney for the Health Consumer Action Center, will work approximately 91 hours on [his project out of her 1,820 annual hours (35 hours per week x 52 weeks per yeaz). The HCAC is requesting $2,500 for Nancy Rimsha's work on the project throughout the yeaz. This work will account for approximately 5% of her time allocation, equaling approximately $5,500 of her total annual compensation. Jamie Teagle, the Staff Pazalegal for this project, will work approximately 182 hours on this project out of her 1,820 annual hours (35 hours per week x 52 weeks per year). The Health Consumer Action Center is requesting $3,500 for her work on the project throughout the year. This work will account for approximately 10% of her time allocation, equaling approximately $5,200 of her total annual compensation. While all of the funds obtained from this program will compensate staff time, other funds will be required to cover costs for program staff salaries & benefits, rent, office supplies, local travel and more. These funds will be provided by LASOC, the California Endowment, and the State Bar Equal Access Fund. Exhibit A Page 1 of 2 Schedule of Performance Estimate the number of only unduplicated Santa Ana residents to be served by the funded program during the 12-month contract period per quarter. (How many new Santa Ana clients will be served each quarter.) Quarter 1: Julyl -September 30 13Persons Quarter 2: Octoberl -December 31 13Persons Quarter 3: January 1 -March 31 13Persons Quarter 4: April 1 -June 30 12Persons 51 Total number of unduplicated Santa Ana residents to be served. (Must equal the number for II above.) Schedule of Invoicing Estimate the amount of grant funds to be requested during the 12-month contract period on a quarterly basis. Quarter 1: Julyl -September 30 $1500 Quarter 2: Octoberl -December 31 $1 500 Quarter 3: January 1 -March 31 $1 500 Quarter 4: April 1 -June 30 $1 5.00 $6~Tota1 Grant (Must equal the Total Program Budget indicated on Exhibit B.) Exhibit A Page 2 of 2 CITY OF SANA ANA Community Development Block Grant Outcome Tracking IMPORTANT: The City of Santa Ana is in the process of incorporating the new HUD Performance Outcome Tracking guidelines, therefore this section is subject to change in order to be compliant with HUD regulations. If the situation should occur that the current tracking system is not sufficient to meet HUD regulations an amendment to this contract will be needed. Instruct-ons: From the list of activities below select the activity that best describes the purpose of the program that will be funded in Sscal year 06-07 by these grant funds. Two activities have multiple outcomes, therefore if "Senior Services" or "Youth Services" is selected, please select the one outcome that best describes the purpose of the funded program. ONLY if none of the activities listed adequately describe the funded program, please select that last activity "Low- and Moderate Income Services". Fulfillment Tracking HUD Objective to be fulydled HUD Outcome to be fulfilled illustrated by HUD Indicator Specific Outcome Suitable Greeting Activi /Pro ram Outcome Tmekin Goal Livin Deceat Economic Availability/ Affordabili S tai abili lodioator q ty g g g Housing Accessibility ty n us (Please see page 4 Environment pporlunitie of 4 for dcsc.) e-0nme Servicca reek the reduction iv Reduce responsetimo m spouse time and the mthe City's n umber ofcriminel and Mademte-Income ^ pprehended as a result. rea by at least 3 minutes esulting in the apprehension /~ f 1,500 criminals that may ~ ~ L Nerwise escape. "'St'em goal a be chievW by PY 09/10 air Housing Services Provide fair housing service LProvide fvr housing and ongoing arulysis of ounseling, Nucetion and impediments to fair housing. of emrnt services w ^ ,000 Santa Ana hcusehclds. ~ f. X "'S-year goal to be chiev~ by FY 09/10 Annually assess actions liminete impediments w fai sing . omelessness Prevention Track assisted individuals 50%of assisted individuals who retained their housingm nd households will ruaiv mlities lmazleestbmonths air housivg or vtilitius fm ^ aacr assistance was t least b months after ~ ~ ~~ provided. ssistanw is provided. mmgrncy Shelter Track individuals who 0%of ived support services individuels/houscholds that ~ ~ Oy. Net were IinkN to one m rc provided with emergency 11 ^ ore additional support halter will trevsition to X V ' and/or appropriate s uterim housivg (i.e., A ousing. anditional housivg). ~~ rensitianal Housing Trazk homeless individuals % ofhamelese individuals ho participated in arlicipeting in trensitinrtal ansitionel housing Program wsivg program will be p p ^ twine placed in IacM iv petmavrnt housing. !1 !1 rnt housing. upponive Services rack individuae who 50%ofindividuals/femilies ceivM suPDmt servius vivg support services e t t were IiNed to one or ill be linked to one or more ^ are additional support ditiovl rapport service L service and/or epproPriale anNm appropriate housing. sing. Exhibit A-1 Page 1 of 4 Fulflllmen[ illustrated by Trackfn HUD Ob'ective to be fulfdled HUD Outcomes to be fulfilled HOD Indicator Specific Outcome Suitable Creating Activity/Pro ram Outcome Trackin Goal Livin Decent Economic F'vailability/ Affordabili Sustainabili Indicator N g g g Housing Accessibility ty (Please see page 4 Environment pportunitie of 4 for desc.) for Services 1. Track assised senior 1. g0% of assisted senior itizons Uat remaio~ itizens will remain ^ independrntrvo lean l independrnt for al leestl ces ra0er se w¢re ear alter serves ere L providN. ovidcd. 2. Tmek seniors receiving 2. 90 % of seniors receiving ferrets tbat were IinkM to ferrets will be IiMed m the ^ th¢s¢rvices sought. services souKht. j~ r-OCwpied umber ofowners assisted hyeical safely and comfort nosing Rehabilitation rebabilitate their primary ill be improvM for Low idencefor the following dM¢derare income income categories: usebolds by improving ^ -2xtremely Low Inoome mss to a level that meets /~ -Very Low Income exceMs HUD housing ~ ~ l/A -MOdaate lnwme uality standards. Special Needs CateKnries -Gorge Families reil Elderly Services Tmek frail elderly W/ of flail elderly individuals that wcrc linked individuals will be linked to ^ b the services souKbr. ernaes ought p !1 p A isebled Smices Track disables persons Support independrnt living hose independent living m 90 % ofdisabled persons ^ s suppotlW by City funds. ssisted by City funds. p A p A ervices for Menmlly 111 Track individuals assisted 100°a of individuals assistN with City resources that were ith City resources will bo ^ provided an entry point imo rovided en entry point into Ne regional mrntal hcalN care system and linked to at he regtonel mental health ere system and linked to at G lent one additional mental east one additional mental ealth supportive service. wlth supportivesrnice. rnices f Substance Track haw many individuals rovide entry inm the ddi<ted iN substance addiction in giortal recovery system for ere provided an entry into 25 individuals with Ne regional recovery system substartcc addiction and link ^ and IiNred to additional m to additional services, r~ 9¢IVIC¢s. ~ ~ L «"«5-year goal to be chieved by FY 09/10 ouch Services 1. Tmek improvemrntin L For education-based -test, post-testscares. ograms,improv~ pro-lest ^ ost-teat scores by 50% p A tr A 1. Track number of .Provide opportunities for ^ individuals exposed to the xposure b the fine arts. _S fns arts. X 3. Track childreNyoutb 3. 90%ofchildreNyouth ^ sacking referrels that were IiN d h i eeckivgrefermis will be ~ ~ a'~ te to t e srn ces sought IiNced ro the srnices sough G -and MOderele- Track program participants 0%ofpro~am participants ncome Services that were linked to services ill be linked to services sought. ought v !1 ~r A ® Exhibit A-1 Page 2 of 4 Description of Outcome Tracking System: Please describe your organization's outcome tracking system that will enable you to fulfill the outcome selected above. All LASOC clients' information is tracked through the Matrix Case Management System, a softwaze database program that has many automated features, including enhanced automated eligibility screening, case evaluation, scheduling of clinic and office appointments, and more. LASOC is revising the Matrix Database to provide options for measurable outcomes to be selected by the attorney to use for assessment purposes in order to further understand whether or not performance criteria is being met. Once this revision has taken place, LASOC employees will be able to locate all pertinent client information (excluding sensitive information such as Social Security numbers) obtained at LASOC in a matter of seconds. As client information is obtained, it is input into the Matrix system and then sorted into specific categories through a series of tags. These tags allow information for specific programs, clients or other resources to be sorted and retrieved extremely quickly. Once wmpleted, this system will have the ability to track all Santa Ana CDBG information, including client information, steps taken to help clients, and the eventual outcomes. Matrix will allow employees to extract all CDBG information without having to sort through any other programs or clients in the process. In addition to this, the Directing Attorney prepares extensive reports for the California Endowment fund. Every quarter, an extensive statistical and financial report is prepazed for the HCAC program. every year an extensive performance evaluation of the HCAC's activities is conducted. This performance evaluation measures outcomes in order to make sure that the program continues to benefit clients at the highest possible quality. Exhibit A-1 Page 3 of 4 Specific Outcome Indicators 2) Public service activities Number of persons assisted: • with new access to a service • with improved access to a service • where activity was used to meet a quality standard or measurably improved quality, report the number that no longer only have access to substandard service 9) Owner occupied units rehabilitated or improved Total number of units: Number occupied by elderly Number of units brought from substandard to standard condition (HQS or local code) Number qualified as Energy Star Number of units brought into compliance with lead safe housing rule (24 CFR part 35) Number of units made accessible for persons with disabilities 12) Number of homeless persons given overnight shelter 13) Number of beds created in overnight shelter or other emergency housing 14) Homelessness Prevention Number of households that received emergency financial assistance to prevent homelessness Number of households that received emergency legal assistance to prevent homelessness Exhibit A-1 Page 4 of 4 Program Year 2006-2007 Final Budget Organization Name Program Name expena~iures Expenses Funded by Expenses Funded Total Program Total Organizational Cate o Santa Ana CDBG b Other Sources Bud et Bud et Administrative Staff Salaries & Benefits $ - $ - $ - $ - Program Staff Salaries & Benefits $ 6.000 $ 25.012 $ 31.012 $ 246.253 1 $ 2 $ 3 $ - Office Su lies $ - $ 693 $ 693 $ 5,333 Rent $ - $ 836 $ 836 $ 6,435 Communications $ - $ 826 $ 826 $ 6,354 Utilities $ - $ - $ - $ - Insuranre R - R - P - .P, - 1 Local Travel $ - $ 1,861 $ 1,861 $ 40,135 Contractual/Processional 2 Services $ - $ - $ - $ 5,000 v .p Total $ 6,000 $ 29,228 $ 35,228 $ 309,510 LIST ALL OTHER PROGRAM FUNDS THAT HAVE BEEN SECURED FOR 06-07 (Total Funds for Program must equal Total Program Budget above) Snurre Amnunt Santa Ana CDBG California Endowment $ 17,536 State Bar E ual Access Fund $ 11,692 Santa Ana CDBG $ 6,000 Total Funds for Program $ 35,228 txnioit u Page 1 of 1 2006-2007 Funded Personnel Name of Organization: Legal Aid Society of Orange County Name of Program Health Consumer Action Center (HCAC) ADMINISTRATIVE STAFF Position Title Annual Salary Annual Benefits Total Compensation CDBG Funds Requested for this position % of time spent on funded ro ram Of this time percent of time serving Santa Ana % of Total Compensation Eligible $ 0% $ 0% $ - 0% $ 0% $ - 0% $ 0% $ 0% $ - 0% $ - 0% Total Amount Re uested $ Must equal amount indicated on Exhbit B PROGRAM STAFF Position Title Annual Salary Annual Benefits Total Compensation CDBG Funds Requested for this position % of time spent on funded ro ram Of this time percent of time serving Santa Ana % of Total Compensation Eligible Mann in Attome $ 89 914 $ 20 680 $ 110 594 $ 2,500 100% 5% 5% Staff Pazale al $ 41 666 $ ]0 417 $ 52 083 $ 3,500 100% 10% 10% $ 0% $ - 0% $ - 0% $ - 0°/a $ 0% $ 0°/a $ 0% Total Amount Re uested $ 6 000 Must equal amount indicated on Exhbit B CONTRACTUAL/PROFESSIONAL SERVICES Position Title Annual Contract Amount Annual Benefits Total Compensation CDBG Funds Requested for this position % of time spent on funded ro run Of this time percent of time serving Santa Ana % of Total Compensation Eligible $ 0% $ - 0°/a $ - 0% $ 0% $ - 0% $ 0% $ - 0% $ 0% $ 0% Total Amount Re uested $ Must equal amount indicated on Exhbit B ***Please note For personnel whose time is not directly traced to serving Santa Ana and instead a percentage is used please confirm the percentage is accurate prior [o requesting reimbursement. Exhibit B-1 Page 1 of 1 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. Lethal Aid Society of Orange County Health Consumer Action Center Grantee/Contactor Organization Program Title Name J 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 aze 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 LEGAAID-01 DESU ACOIRD CERTIFICA E OF LIABILI TY INSUR~.rJCE °"~'"~'°°"Y"" . TM 6/23/2006 PRODUCER (805) 965-0071 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Brown & Brown Insurance ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Box 1469 P O HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR . . ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Santa Barbara, CA 93102-1469 INSURERS AFFORDING COVERAGE NAIC # NISURED Legal Aid Society of Orange County INSURERA Fidelity and Guaranty Insurance Underwri 5879 902 North Main Street INSURER e: Santa Ana, CA 92701-0000 INSURER c: INSURER D: INSURER B COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDRION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BV 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. I POLICY EFFECTIVE POIK:Y IXPUTATgN POLICY NUMBER DMTTS GENERAL LIABILITY EACH OCCURRENCE f 1.~Or A X X CO C 61(02064546 $/3/2006 5/3/2007 300 MMER IAL G`NERAI. LV+BILRV PREMISES Ea ocwrenca , f CLAIMS MADE OCCUR MED E%P (AIry aro perean) f 10,0 PERSONAL BADV INJURY f 1x000, GENERAL AGGREGATE f 2,000,0 GEN'L AGGREGATE LIMn APPLIES PER: PRODUCTS-COM%OP AGG f 2r000,O X POLICY PR0. LOC AU TOMOBILE LU1BILffY COMBINED SINGLE LIMIT f 1,000,0 A ANV AUTO BK02064546 5/3/2006 5/3/2007 IEaawdent) ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Fer Pe+ecn) S MIRED AUTOS BODILY INJURY X NON-0WNED AUTOS (Per xddent) f PROPERTY DAMAGE f (Per accident) - GARAGE LUlBILITY AUTO ONLY-EA ACCIDENT f ANY AUTO OTHER THAN EA ACC f AUTO ONLY: AGG f IXCESSAIMBRELLA LUUTILnY EACH OCCURRENCE S 1 r~Or A X OCCUR ~cuIMSMAOE BK02064546 513/2006 5/3/2007 AGGREGATE s 1rD00. f DEDUCTIBLE f RETENTION S f WORKERS COMPENSATION ANO ' _ ,. - ~ .. , . ,. WC STATU- OTH- T ~ IM EMPLOYERS LU181LffY ANV PROPRIETOR?ARTNER/E%ECUTNE E.L. EACH ACCIDENT f OFFICERIMEMBER IXCLUDEO9 ~/~ E.L DISEASE-EA EMPLOYE f H yes, desaibe uMer _...___. _... .. .. _.___ - SPECIAL PROVISIONS EeImv E.L DISEASE-POLICY LMn f OTHER - - DESCRIPTION OF OPERATIONS /LOCATIONS / VEHICLES I IXCLUSIONS ADDED BY ENDORSEMENT / SPECULL PROVISIONS 0 Days Notice for Non-Payment of Premium ertificate Holder 8. Its Officers, Agents, Employees 8 Volunteers are Included as Aditional Insureds under the General Liability per the Form F 22 66 11 02 . CERTIFICATE HOLDER ceNCEt.1 nnrTN City of Santa Ana - CDBG M-25 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRA Community Development Agency PATE THEREOF, THE ISSUING INSURER HALL ENDEAVOR TO MAIL 3O DAYS wRnTEN P.O. Box 1988 M-15 NOTICE TO THE CERTIFlCATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Santa Ana, CA 92702- IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND VPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATNE dLa ~-'Rdh~e-~ AGORD 25 (2001/08) ~ L ©ACORD CORPORATION 1988 e- LEGAAID-01 DESU 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 statemenYOn this certificate does not confer rghts 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 beiween the issuing insurer(s), authorized representafive or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. . , r;, ~ ..y ~3-w..__ - ,`...~ fi.76e~~.. ACORD 25 (2001/08) Pdity Number. Fersgn ar Organization Required by Written Contract ADDITIONAL INSURED ENDORSEMENT THIS ENDORSEMENT CHAN6E5 THE POLICY. PLEASE READ R CAREFULLY. This endorsement modfies insurance provided underthe following_ LIABILITY COVERAGEPART. 1. The fallowing is added to SECTION 11. WHO IS AN (c) 'Your work' performed far the INSURE0,2.: insured; ar Person ar Organization Required by (4) °Bodily injury; 'property damage,' Written Contract ___ _.- _ - _ _ _ _ _- _ ^persenal-injury' or'advertising injury' _ Any person or organization that you agree to arising out of an architect's, engineers ' add as an insured under this Liability or surveyor s rendering of, or failure to Coverage Part in a written contract or render, any professional service' when agreemerrtthat is made before, and in effect such person or organization is an when, the 'bodity injury' or 'property architect, engineerorsurveyor. damage' occurs or the offense that causes 2. The following is added to SECTION N. the personal injury or'advertising injury' is CONDITIONS, i °Other Irrsuranca", a. Primary first committed, but only with respect to that Insurance, f2): person's or organization"s liability arising out of 'your work' for that person or In addition, this insuance will be organization. considered primary to, and non- canributory with, 'other insurance" However, such person or organization is not issued directly to a person ar an insured with respectta any. organization added as an additional I7) 'Badly injury', "property damage', insured under the Person or Organization 'personal injury" or 'advertising injury" Required By Written Contract Additional that does not arise out of yaw Insured endorsement, if you specificalty negligence; agree, in that written contract or agreement, that this insurance must be (2) 'Badity .injury,. "property damage' primary to, and non-comributory with. --``persunarinjury' or'advettising injury" such"othe~lnsuFaiiba:`This insurance for which such person or organization will then tie applied as primary insurance -- has assumed liability in a contract or far damages far'badity injury', 'property agreement, except for Iiabiliry far damage'. 'personal injury' or damages that such person or 'advertising injury' that era covered by organization would have in the absence the Person or Organization Required By of the contract or agreement; Written Contract Additional Insured (3) 'Property damage'to: endorsement and it>at are incurred by such person or organization, and we will (a) Pro perry owned, used ar occupied by not share those damages with such or !oaned or rented to such person or "other inswarrce". organizatirnl; - - - Allothertermsofyourpolicyremainthesama_ ; (h) Property aver which such person ar organization is far arty purpose f" ,i . '' exercising physical conUol; or CLleF 71 e6 i 702 IncNdps mpyrghteil nererial of Imurmce Services office. Inc, with its p~missisn }/ Pape 1 of 7 ~~ ~ CoFFi9hC Insuiarca Services Office, Irc.1994. -.-. .. J