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HomeMy WebLinkAboutHUMAN OPTIONS 6 - , e - AGREEMENT TERMINA nON Please complete this form when the attached agreement is no longer in effect. Return form to the Sf. Deputy Clerk of the Council (M-30). Call 647-5238 if you have any questions. Theagreementwith_~~ ~.pL-~ , No.,4-C7tOO(P-ciPO was completed on ~~ ..;>. '-\ I ~ 00-, , and final payment has been made. Department~ ~Q~<s SIgnature: ~ Date: & I ~ 3/ 0'7 Revised 8-7-03 City of Santa Ana Clerk of the Council Il~SUR!~I~CL GN fiLt WO(\\\ \'id~,' h~UC.JID U[,II [lINSUfil,i1Cl EXPIRES' tC alo -0'1 ,. r "__.u..~_.'.~_".~___ ~.~"_ CLH;I\ OF COUNCU DATFAUG 0 9 2006 0: C-G> 1i- Le-) ~ Flot<<s ) A-2006-060 5/05 AGREEMENT BETWEEN THE CITY OF SANTA ANA AND HUMAN OPTIONS FOR THE USE OF EMERGENCY SHELTER GRANT FUNDS (With Provisions Relating to Compliance with Title X and 24 CFR Part 35 Relating to Lead Based Paint) THIS AGREEMENT, is hereby made and entered into this 1st day July, 2006, by and be- tween the City of Santa Ana, a charter city and municipal corporation of the State of California ("CITY") and Human Options, a California nonprofit organization ("SUBRECIPIENT"). WITNESSETH Recitals: 1. CITY is the recipient of Emergency Shelter Grant ("ESG") funds from the United States Department of Housing and Urban Development ("HUD") pursuant to the Stewart B. McKinney Homeless Assistance Act: Emergency Shelter Grants Program 42 USC 11331 et seq. 2. CITY has approved the provision of federal funds under the ESG to be used in the op- eration of an emergency shelter program for the homeless of the City of Santa Ana ("said pro- gram") as further described by a Scope of Work and Schedule of Performance in Exhibit A, at- tached hereto and by this reference incorporated herein. 3. SUBRECIPIENT represents that it has expertise and experience in the provision of emergency shelter programs for the homeless and is willing to use said federal funds to operate said program. 4. SUBRECIPIENT agrees to assist homeless individuals and families in obtaining: appropriate supportive services including, but not limited to, temporary and permanent housing, medical health treatment, mental health treatment, counseling supervision and other services es- sential for achieving independent living, as well as other federal, state, local and private assis- tance available for such individuals. 5. Title X of the 1992 Housing and Community Development Act (Title X) established requirements relating to lead based paint ("LBP") in housing receiving federal assistance, with particular requirements relating to (i) notification (including pamphlet distribution, disclo- sure to purchasers and lessees, notice of lead hazard presumption or results of evaluation, and/or lead hazard reduction), (ii) lead hazard evaluation (including visual assessment, paint testing, and/or risk assessment), (iii) lead hazard reduction (including paint stabilization, interim con- trols, standard treatments, or abatement depending on the requirements for housing activity type), (iv) ongoing maintenance, if required, and (v) response to children with environmental intervention blood lead levels, as required; and 6. On September 15, 1999 HUD adopted implementing regulations to Title X that became effective September 15, 2000 as set forth in 24 CFR Part 35, et seq. ("LBP Regs."), which estab- lish specific rules regarding notification to owners and occupants about the existence of LBP . 5/05 hazards, identification ofLBP hazards, and control ofLBP hazards; and 7. Residential structures built after January I, 1978 are exempt from lead-based paint re- quirements as the use of lead-based paint was banned for use in residences after this date by Congress (24 CFR Part 35.115). Therefore, the Title X requirements set forth herein shall not be applicable ifthe structures involved were built after January 1, 1978. 8. Subpart K - Acquisition, Leasing, Support Services, and Operation of the LBP Regs, sets forth specific requirements relating to housing providers, such as SUBRECIPIENT, who admin- ister local programs that provide supportive housing for special needs populations and are funded by HUD Office of Community Planning and Development ("CPD") programs, including ESG funds, as provided to SUBRECIPIENT under this Agreement; and 9. In connection with the grant of funds under this Agreement, CITY requires that SUB RECIPIENT comply and show evidence of compliance with all applicable requirements of Title X and the LBP Regs, in particular Subpart K relating to acquisition, leasing, support ser- vices, or operations, and Subpart J relating to rehabilitation, as and when applicable; and 10. In connection with the grant of funds under this Agreement, CITY requires that SUB RECIPIENT comply and show evidence of compliance with all applicable requirements of Title X and the LBP Regs, in particular Subpart M relating to tenant based rental assistance, as and when applicable; and 11. Attached and hereby fully incorporated to this Agreement are the following notification attachments: Attachment No. I entitled "Protect Your Family From Lead In Your Home", EPA747-K-99-001, Attachment NO.2 entitled "Sample Disclosure Format for Target Housing Sales, Disclosure of Information on Lead-Based Paint and Lead-Based Paint Hazards", and At- tachment No.3 entitled "Sample Summary Risk Assessment Notice Format"; provided however, that such attachments are not intended to modify or limit SUBRECIPIENT'S obligation to fully comply with all applicable provisions of Title X and the implementing regulations in the LBP Regs; and 12. By this Agreement SUB RECIPIENT will accept assigrunent from the CITY of all respon sibilities set forth in Subpart K of the LBP Regs; and 13. SUBRECIPIENT agrees that it will adhere to the performance measurements and out- comes 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. 14. The CITY and SUBRECIPIENT have duly executed this Agreement for the expenditure of such funds; and 2 5/05 WHEREFORE, it is agreed by and between the parties, that the foregoing Recitals are a sub- stantive part of this Agreement and the following terms and conditions are approved and together with all exhibits and attachments hereto, shall constitute the entire Agreement between the CITY and SUB RECIPIENT: I. SUBRECIPIENTS'S OBLIGATIONS A. Non-Profit Status - Reoresentations and Warranties. (I) SUBRECIPIENT acknowledges that its operations and the services it provides to the community are subject to Subpart K, and, in some instance(s) Subpart J and/or Subpart M, of the LBP Regs. (2) SUBRECIPIENT acknowledges that its operations and the services it provides in- clude: (a) acquisition, leasing, or ownership of residential property for the purpose of providing affordable housing for persons with special needs, such as transitional housing, or (b) housing for persons with special needs, such as the disabled, or (c) financial assistance to assist transi- tional housing participants to move to permanent housing by paying for the first month's rent or security deposit, or (d) tenant-based rental assistance to program participants who choose their own housing units, and by provision of such services such housing is subject to the requirements of the LBP Regs. (3) Representations: (a) Authority. SUB RECIPIENT 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 SUB RECIPIENT. (b) Experience. SUBRECIPIENT is a qualified provider ofthe 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 per- formance of the services under this Agreement, inclusive of compliance with the LBP REGS. Should SUBRECIPIENT discover any latent or unknown conditions materially differing from those inherent in the work or as represented by CITY, it shall immediately inform CITY of such fact and shall not proceed except at SUBRECIPIENT'S risk until written instructions are re- ceived from CITY'S representative. 3 5/05 (d) No Conflict. To the best of SUBRECIPIENT'S knowledge, SUBRECIPIENT'S execution, delivery and performance of its obligations under this Agreement will not constitute a default or a breach under any contract, agreement or order to which SUBRECIPIENT is a party or by which it is bound. (e) No Bankruptcy. SUB RECIPIENT is not the subject of any current or threat- ened bankruptcy proceeding. (f) No Pending Legal Proceedings. SUBRECIPIENT is not the subject of a cur- rent or threatened litigation that would or may materially affect SUBRECIPIENT'S performance under this Agreement. (g) Application Veracity. All provisions of and information provided in SUBRECIPIENT'S application for funding submitted to CITY including any exhibits are true and correct in all material respects. (h) No Pending Investigation. SUBRECIPIENT is not aware that it is the subject of any current or threatened criminal or civil action investigation by any public agency, including without limitation a police agency or prosecuting authority, that would relate to affect performance of the Agreement or provision of services hereunder. (4) Compliance with Subpart K of LBP Rel!s. Subpart K - Acquisition, Leas- ing, Support Services, or Operation (a) SUB RECIPIENT acknowledges and agrees that it shall comply with and im- plement the requirements set forth in Title X and the LBP Regs to eliminate, as far as practica- ble, LBP hazards in all residential property that is under its ownership, possession, or control and/or residential property occupied by persons or families that receive financial or other assis- tance from SUBRECIPIENT. (b) SUB RECIPIENT shall provide a notice to all residents/occupants of residen- tial property that is under its ownership, possession, or control and/or residential property occu- pied by persons or families that receive financial or other assistance from SUBRECIPIENT in accordance with Section 35.125 of the LBP Regs. (i) SUBRECIPIENT acknowledges that in connection therewith a visual assessment is not considered an evaluation for purposes of the LBP Regs. (c) Notification (24 CFR 35.130). SUBRECIPIENT shall provide the LBP haz- ard information pamphlet in accordance with Section 35.130 of the LBP Regs to all occupants, owners, and purchasers of housing. (i) The pamphlet shall be the EPAlHUD/Consumer Product Safety Commission lead hazard information pamphlet or an EP A-approved 4 5/05 equivalent. The current form and version of the pamphlet is attached as At- tachment No. I to this Agreement. (ii) SUBRECIPIENT shall cause to be disclosed to all purchasers and lessees available information and knowledge regarding the presence of LBP and LBP hazards prior to selling or leasing a housing unit in accordance with 24 CFR 35, Subpart A. The current form and version of such notice is attached as Attachment No.2 to this Agreement. (iii) SUBRECIPIENT shall ensure that all occupants, owners, and purchasers of housing be notified in writing of the results of the presumption of LBP and/or LBP hazards, and results of any lead hazard evaluation, and any lead hazard reduction work in accordance with 24 CFR 35, Subpart A. The current form and version of such notice is attached as Attachment No.3 to this Agree- ment. (d) Lead Hazard Evaluation (24 CFR 35.125). SUBRECIPIENT shall conduct all activities described in Section 35.1015 relating to visual assessment, paint stabilization, risk assessment, and maintenance with regard to all residential property that is under its ownership, possession, or control and/or residential property occupied by persons or families that receive financial or other assistance from SUBRECIPIENT, except for the exemptions described below in section 4 (d)(i)(l). (i) SUB RECIPIENT shall cause a visual assessment to identify deteriorated paint in all residential property that is under its ownership, possession, or control and/or residential property occupied by persons or families that receive financial or other assis- tance from SUBRECIPIENT. (l)Section 35.115(a) provides exemptions from Subparts B through R of the LBP Regs. including without limitation, (a) short term emergency assistance lasting less than 100 days cumulatively is exempted from compliance with Subpart K as to such short term rental assistance units, and (b) exemption for zero-bedroom units, including SRO units, for which occupancy by a recipient of SUB RECIPIENT' S services is for less than 100 days, and ( c) exemption for residential housing units constructed after January I, 1978. (ii) To the extent that the assistance provided by SUB RECIPIENT to persons or households meets one or more of the exemptions set forth in the LBP Regs, then compliance with the notification, evaluation, reduction, clearance and other requirements of the LBP Regs is not required related to the subject housing unit due to such exemption. (iii) SUB RECIPIENT shall comply with the applicable provisions of both Subpart K and Subpart M (Tenant Based Rental Assistance) of the LBP Regs. as to all tenant-based long term housing assistance, i.e., assistance to persons/households residing in housing units cumulatively for more than 100 days. If SUB RECIPIENT has knowledge that an assisted family or household will occupy a dwelling unit for more than 100 days, the LBP Regs 5 5/05 require evidence of compliance prior to occupancy. Funding to be provided hereunder is condi- tioned upon evidence of compliance. (I) Subpart M applies to all dwelling units occupied to be occupied by families or households that have one or more children of less than 6 years of age, as well as the common areas servicing such dwelling units, and exterior painted surfaces associated with such dwelling units or common areas. LBP compliance requirements relating to such dwelling units includes, without limitation: notification, evaluation by visual assessment, paint stabilization utilizing safe work practices, and clearance. (2) CITY advises SUBRECIPIENT that in the event the services provided hereunder include rental assistance payments, such as first and last month's rent and/or security deposit, and the assisted tenant executes a lease for long term occupancy, including occupancy in the same dwelling unit for more than 100 days, then the provisions of Subpart M (Tenant Based Rental Assistance), will apply (unless otherwise informed and directed by HUD). In this regard, CITY advises SUB RECIPIENT that Subpart M requires HQS inspec- tion of each dwelling unit prior to occupancy and prior to compliance with applicable notifica- tion, evaluation by visual assessment, reduction through paint stabilization utilizing safe work practices, and clearance requirements of the LBP REGS. (e) Lead Hazard Reduction Work. SUB RECIPIENT shall cause LBP hazard reduction, such as paint stabilization, interim controls, standard treatments, or abatement of all residential property that is under its ownership, possession, or control and/or residential property occupied by persons or families that receive financial or other assistance from SUBRECIPIENT, except as exempted as described in subsection 4( d)(i)(l) above. (I) Ifpaint stabilization occurs, SUBRECIPIENT shall cause paint stabi- lization of each deteriorated surface and clearance of residential units pursuant to Section 35 .1330( a) and (b) shall occur before occupancy of a vacant dwelling unit, or where a unit is occupied, immediately after receipt of the ESG FUNDS hereunder. (2) Safe Work Practices shall be used in all LBP hazard reduction work. (3) Clearance shall be conducted to confirm that no LBP hazards remain when LBP hazard reduction work is complete. Confirmation of clearance by written certifica- tion of a qualified inspector is required on an annual basis in connection with submittal of the April 15 quarterly report. (f) Onl!oinl! Maintenance. SUB RECIPIENT shall incorporate ongoing LBP maintenance activities into regular building operations in accordance with Section 35.1355(a) for all residential property that is under its ownership, possession, or control and/or residential prop- erty occupied by persons or families that receive financial or other assistance from SUBRECIPIENT, except as exempted as described in subsection 4(d)(i)(1) above. 6 5/05 (I) Ongoing maintenance includes confirmation of clearance which shall be conducted to confirm that no LBP hazards remain when LBP hazard reduction work is com- plete. (2) Ongoing maintenance also includes confirmation of clearance by writ- ten certification of a qualified inspector on an annual basis in connection with submittal of the April 15 quarterly report. (3) A part of such ongoing maintenance obligation includes notification of the results of clearance confirmation and annual confirmation of clearance. a. SUBRECIPIENT shall cause to be provided a notice to all oc- cupants of all residential property that is under its ownership, possession, or control and/or resi- dential property occupied by persons or families that receive financial or other assistance from SUB RECIPIENT in accordance with Sections 35.l25(b)(1) and (c), describing the results of the clearance examination and the results of annual certification. (g) Units Cleared Prior to Date of Al!reement: Confirmation of Clearance. In the event the requirements of the LBP REGS relating to lead hazard evaluation, lead hazard reduction, and lead hazard clearance have been completed on the subject dwelling units prior to the Date of Agreement, then the SUBRECIPIENT shall provide to the CITY with the April 15 quarterly report a certificate from a qualified inspector evidencing a recent inspection and con- firmation of clearance ofLBP and LBP hazards from the subject dwelling unites). 5. LBP Informational Summary. For purposes of information only and in no respect intended to be a representation or warranty of the provisions of the LBP REGS, the CITY has caused to be prepared an information summary relating to the LBP REGS and applica- tion to dwelling units that may be occupied by recipients of services and/or funding from SUB RECIPIENT under this Agreement. Attachment No.4 to this Agreement, attached and hereby fully incorporated by this reference, is such information summary. CITY staff will coop- erate with and make themselves available to SUBRECIPIENT to assist in implementation of compliance with the LBP REGS as to residential dwelling units to be assisted by SUBRECIPIENT. The parties acknowledge and agree the CITY is and shall not be liable or re- sponsible for the accuracy of such summary, and the SUBRECIPENT is directed to the LBP REGS and implementing guidance published and provided by HUD relating to compliance with such LBP REGS. B. Amount of Grant: Ouarterlv Disbursement and Match Funds. The amount granted to SUBRECIPIENT is $12.000 ("ESG FUNDS"), and such funds shall be expended by SUBRECIPIENT on or before June 30, 2007. The ESG FUNDS shall be disbursed by CITY to SUBRECIPIENT on a quarterly basis, subject to and upon receipt and approval of a complete quarterly activity report, with the final payment subject to the satisfaction of the condition prece- dent 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 7 5/05 with respect to indemnification, audits, reporting, data retention/reporting, and accounting. In accordance with 42 USC 11375(a), SUBRECIPIENT agrees to match all federal funds provided by CITY to SUBRECIPIENT with an equal amount of funds from sources other than these or other ESG funds. SUB RECIPIENT cannot use ESG funds from other jurisdictions in order to meet this match requirement. Match documentation showing new, previously unused match dollars, must be provided with each quarterly report. C. Use of Funds. SUBRECIPIENT agrees to use said funds pursuant to this Agreement to pay for necessary and reasonable costs allowable under the federal law and regula- tions to operate said program only. Said amounts shall include and will be limited to, essential services, homeless prevention, and/or operations costs. Allowable program costs are detailed in the Budget, 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 pursuant to the terms hereof. SUBRECIPIENT agrees that the homeless shelter and services under said program shall be made available for the entire period during which said funds are provided. D. Allowable Costs. SUBRECIPIENT agrees to complete said program on or before 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 essential services, homeless prevention, and/or operations costs. Other allowable program costs are detailed in the Budget, as set forth in "Exhibit B," attached hereto and by this reference incorporated herein. SUBRECIPIENT shall use all income received from said funds only for the same purposes for which said funds may be expended pursuant to the terms and conditions of this Agreement. E. Licensing. SUB RECIPIENT 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 SUB RECIPIENT's operations hereunder. Such licensing requirements include obtaining a City business license, as applicable. F. Zoning. SUBRECIPIENT agrees that any facility/property used in furtherance of said program shall be specifically zoned and permitted for such use(s) and activity(ies). Should SUBRECIPIENT fail to have the required land entitlement and/or permits, thus violating any local, state or federal rules and regulations relating thereto, SUBRECIPIENT shall immediately make good-faith efforts to gain compliance with local, state or federal rules and regulations following written notification of said violation(s) from the CITY or other authorized citing agency. SUBRECIPIENT shall notify CITY immediately of any pending violations. Failure to notify CITY of pending violations, or to remedy such known violation(s) shall result in termination of grant funding hereunder. SUB RECIPIENT must make all corrections required to bring the facility/property into compliance with the law within sixty (60) days of notification of the 8 5/05 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 separate and apart from any other funds of SUB RECIPIENT, or of any principal or member of SUBRECIPIENT, in an account in a federally insured banking or savings and loan institution with record keeping of such accounts maintained pursuant to applicable legal requirements. No monies shall be withdrawn from such account except for expenditures relating to essential services, homeless prevention and/or operations costs, as authorized hereunder. H. Audit Report Requirements. SUB RECIPIENT agrees that if SUB RECIPIENT receives Three Hundred Thousand Dollars ($300,000.00) or more in federal funds, SUB RECIPIENT 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 I of the year following the program year in which this Agreement is executed. Further, SUBRECIPIENT shall comply and/or cause compliance with audit report(s) required by applicable provisions of Title X and the LBP Regs. I. Record KeeoingfReporting. SUB RECIPIENT shall keep and maintain complete and adequate records and reports to assist CITY in meeting and maintaining its record keeping responsibilities under the ESG REGS, Title X, and the LBP Regs, including the following: (I) Records a. Documentation evidencing income level of persons and/or families par- ticipating 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, age of children, seniors, income verification. d. Documentation ofhomelessness pursuant to 42 U.S.C. 11374(a)(4) and 24 CFR 576.21. e. Documentation of all ESG FUNDS received from CITY. f. Documentation of expenses as identified in the Budget Proposal, in- cluding 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 ESG FUNDS were expended, and payment therefor. 9 5/05 g. Any such other related records as CITY shall reasonably require or as required to be maintained pursuant to the ESG REGS. h. Documentation evidencing compliance with all applicable provisions of Title X and the LBP Regs, in particular Subpart K and, as applicable Subpart J and/or Subpart M. (i) Specific documentation, as required, evidencing compli- ance with all applicable provisions of such LBP Regs includ- ing: (i) notification, including distribution ofthe lead hazard information pamphlet (Attachment No.1), disclosure and no- tices of hazard evaluation and reduction (Attachments No.2 and 3); (ii) evaluation oflead hazard(s), including paint test- ing and risk assessment; (iii) reduction oflead hazard(s), in- cluding safe work practices and clearance, and confirmation of clearance; and (iv) ongoing maintenance, as and if appli- cable for multifamily properties. (ii) In this regard SUB RECIPIENT shall track information on all persons/households assisted and the housing units assisted with the ESG FUNDS. Attachment No.5 hereto is a sample form for tracking persons/households and housing units as- sisted with the ESG FUNDS. All categories of information set forth in such tracking form shall be prepared and submitted to the CITY with the April 15 quarterly report. (iii) In the event that such information and reports are not com- plete and reasonably satisfactory information submitted in order for CITY staffto review and evaluate compliance with applica- ble ESG REGS and LBP Regs, then the final quarterly dis- bursement payment shall be withheld from the SUB RECIPIENT. (iv) Documentation of clearance confirmation as provided herein. (2) Reoorts (i) Payment Request. Concurrently with the submittal of each quarterly report, on or before the 15th day of October, January, April and July, SUBRECIPIENT shall submit both: an original invoice and true copies of invoices, receipts, agreements or 10 5/05 other documentation supporting and evidencing how the ESG FUNDS have been expended during the applicable quarter. (ii) Quarterly Activity Report: Including in such reports evidence of compliance with all applicable provisions of Title X and the LBP Regs, in particular Subpart K and, as applicable Subpart J, as further described in subsection (d) hereinafter, and Subpart M, ifSUBRECIPIENT provides long term tenant-based rental assistance. SUBRECIPIENT agrees to provide CITY with written cumulative (year-to-date) reports of its activities on or before the 15th day of October, January, April and July for the period beginning July 1, and through and including the previous three-month reporting period setting forth the activities, program accomplishments, new program information and year-to-date program statistics on expenditures, caseload and activities. When appropriate, pictures should be included. (iii) Quarterly certification of match, plus documentation of match source. (iv) Any such other reports as CITY (or HUD) shall reasonably require and/or request, including but not limited to the follow- ing information: monthly records of all ethnic and racial statistics of persons and families benefited by SUBRECIPIENT in the per- formance of its obligations under this Agreement, including, but not limited to, the activities, program accomplishments, new pro- gram information, match fund certification and current program statistics on expenditures, caseload and activities. When appropri- ate, pictures/slides should be included. (3) Recordkeeping of Ongoing Maintenance under the LBP Regs. If the services and program activities provided by SUB RECIPIENT hereunder establish an ongoing relationship with a property (such as long term tenant based rental assistance program [Subpart M] or transi- tional or permanent housing operated or administered by the SUBRECIPIENT), then the SUBRECIPIENT shall provide a report to the CITY evidencing that SUBRECIPIENT and/or the property owner(s), as applicable, has performed ongoing maintenance of the subject property. Ongoing maintenance shall include evidence of an annual clearance certification of the subject residential property conducted by a DHS certified technician to ensure that LBP hazard reduc- tion measures are maintained. All maintenance activities shall be conducted to ensure the threat ofLBP hazards is minimized. 11 5/05 (4) Recordkeeoing under the LBP Regs. The SUB RECIPIENT shall keep records of dis- tribution of notifications, all visual assessment, evaluations, inspections, repairs, and any other lead hazard evaluation, reduction, safe work practices, and clearance activities. (a) The SUB RECIPIENT shall keep records evidencing distribution of all lead hazard information pamphlet(s). (b) The SUBRECIPIENT shall keep records evidencing each LBP evaluation re- port, LBP hazard reduction documentations, (such as job specifications), and all clearance or abatement report( s). (c) The SUB RECIPIENT shall keep ongoing maintenance records and records of relevant building operations for use during reevaluations of subject property for LBP and/or LBP hazards. I. Such records shall be maintained for not less than longer of (A) four (4) years after the activities cease or (B) the period re- quired by applicable program regulations. Under the ESG REGS records shall be retained for not less than five (5) years after the activities cease. 2. The SUB RECIPIENT shall provide a copy of any of the above records to the CITY or to HUD upon request of either or both. (d) Tracking Report. If the SUB RECIPIENT has provided, or is providing, rental assistance payments directed to a housing unit or housing units for more than 100 days, or it is anticipated that during the last quarter of funding that such rental assistance payment will be for more than 100 days, then the April 15 quarterly report shall contain information and evidence of compliance with the requirements herein relating to tracking of housing units, cumulative days of rental assistance, proper notifications to occupants and owners, HQS inspection, visual as- sessment, work write-up, stabilization and clearance of LBP and LBP hazards, if any. The pro- posed form of such tracking information is attached hereto as Attachment No.5 and fully incor- porated by this reference. In the event such April 15 quarterly report does not fully satisfy the reporting requirements set forth herein and in the LBP Regs, then the final installment payment of the ESG FUNDS shall be withheld from disbursement to SUBRECIPIENT. J. Access to Records. CITY 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. CITY and the United States Government and/or their representatives shall also schedule on-site monitoring at their discretion. Monitoring activities may also include, but are not limited to, questioning employees and participants in said program and entering any premises or any site in which any of the services or activities funded hereunder are conducted or in which any of 12 5/05 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 RecordslRequired Length of Record Keeping. All accounting records, reports, and evidence pertaining to all costs, expenses and the ESG 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 ESG REGS, except as hereinafter provided relating to retention of any records or documentation existing, created, or maintained in compliance with Title X or the LBP Regs. Records which relate to (a) complaints, claims, administrative proceedings or litigation arising out of the performance of this Agreement, or (b) costs and expenses of this Agreement to which CITY or any other governmental agency takes exception, shall be retained beyond the five (5) years until complete resolution or disposition of such appeals, litigation claims, or exceptions. All records relating to, or created or maintained in compliance with, Title X and/or the LBP Regs shall be retained and maintained by SUB RECIPIENT indefinitely, including without limitation, all inspection report(s), disclosure statement(s), and clearance report(s). In the event SUBRECIPIENT does not make the above- referenced documents available within the city of Santa Ana, California, SUB RECIPIENT 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 applicable ESG guidelines and that expenditures of these funds shall be in accordance with the ESG guide- lines and all pertinent regulations issued by agencies of the federal government. 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, and all Program Re- quirements. Program income received by SUB RECIPIENT shall be returned to CITY unless otherwise provided for in this Agreement. SUBRECIPIENT agrees to comply fully with all fed- eral, state and local laws and court orders applicable to its operation whether or not referred to in this Agreement. M. Standing. SUBRECIPIENT shall be in good standing, without suspension by the California Secretary of State, Franchise Tax Board and Internal Revenue Service. Any change in the corporate status or suspension of SUB RECIPIENT shall be reported immediately to CITY. N. Confidentiality. Without prejudice to any other provisions of this Agreement, SUBRECIPIENT shall, where applicable, maintain the confidential nature of information pro- vided to it concerning participants in accordance with the requirements of federal and state law. SUB RECIPIENT certifies that it will develop and implement procedures to ensure the confiden- tiality of records pertaining to any individual provided family violence prevention or treatment services under any project assisted under the Emergency Shelter Grants Program and that the address or location of any family violence shelter project assisted under the Emergency Shelter Grants Program will, except with written authorization of the person or persons responsible for the operation of such shelter, not be made public (24 CFR 576.56). However, SUB RECIPIENT 13 5/05 shall submit to CITY and or HUD or its representatives, all records requested, including audit, examinations, monitoring and verifications of reports submitted by SUB RECIPIENT, costs in- curred and services rendered hereunder. O. Independent Contractor. SUBRECIPIENT agrees that the performance of obligations hereunder are rendered in its capacity as an independent contractor and that it is in no way an agency of CITY. P. Violation of Terms and Conditions. SUBRECIPIENT agrees that if SUB RECIPIENT violates any of the terms and conditions of this Agreement or any prior Agreement whereby ESG funds were received by SUB RECIPIENT, or if SUB RECIPIENT reports inaccurately, or if on audit there is a disallowance of certain expenditures, SUB RECIPIENT 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 ESG funds granted hereunder, SUB RECIPIENT shall be required to reimburse the CITY of all such funds that were obtained/spent under fraudulent circumstances. Q. Equipment. SUBRECIPIENT agrees to maintain a record for each item of non- expendable personal property acquired under the terms of this Agreement in accordance with 24 CFR 85.32. 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. SUB RECIPIENT hereby certifies and agrees that it will not use funds provided through this Agreement to pay for entertainment, meals or gifts. S. Lobbving. SUBRECIPIENT certifies that it will comply with federal law (31 U.S.C. 1352) and regulations found at 24 CFR Part 87, which provide that no appropriated funds may be expended by the recipient of a federal contract, grant, loan or cooperative agreement to pay any person for influencing or attempting to influence an officer or employee of any agency, Member of Congress, or an officer or employee of a Member of Congress in connection with awarding of any federal contract, the making of any federal grant or loan, entering into any cooperative agreement and the extension, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. SUBRECIPIENT shall sign a certification to that effect in a form as set forth in "Exhibit C," attached hereto and by this reference incorporated herein. SUBRECIPIENT shall submit said signed certification to CITY prior to performing any of its obligations under this Agreement and prior to any obligation arising on the part of CITY to pay any sums to SUBRECIPIENT under the terms and conditions of this Agreement. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit a "Disclosure Form to Report Lobbying," in accordance with its instructions (see C-l). 14 5/05 T. Financial Interest. SUBRECIPIENT agrees that except for the use ofESG funds to pay salaries and other related administrative or personnel costs, no persons who exercise or have exercised any function with respect to ESG 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 ESG-assisted activity of SUBRECIPIENT, either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter. This prohibition applies to any person who is an employee, agent, consultant, officer, or elected or appointed official of CITY, or of any designated public agencies, or the SUBRECIPIENT. U. Davis-Bacon Act. All laborers and mechanics employed by contractors or subcontractors in the performance of construction work, including alterations and repairs, in excess of $2,000.00, financed in whole or in part with federal funds shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined in accordance with the Davis-Bacon Act, as amended, 40 U.S.C. sections 276a - 276a-5. Any such construction contract shall include and comply with the required contract provisions and rules set forth in 29 C.F.R. 95.5. 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. 95.5(a)(3). No payment, advance, grant, loan or guarantee 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 of29 C.F.R. 95.5. A breach of the contract clauses in 29 C.F.R. 95.5 may be grounds for termination of the contract, and for debarment as a contractor/subcontractor, as provided in 29 C.F.R. 95.12. Labor standards interviews/investigations shall be made as necessary to assure compliance [29 C.F.R. s5.6(a)(3)]. V. Homeless Involvement. SUBRECIPIENT certifies that it will involve, to the maximum extent practicable, homeless individuals and families in constructing, renovating, maintaining, and operating facilities assisted under the ESG program, and in providing services for occupants ofthese facilities [24 CFR 576.56(b); 42 USC I 1375( d)]. W. Drug Free Workplace. SUBRECIPIENT certifies that it has established the fol- lowing drug-free workplace policy: 1. The unlawful manufacture, distribution, dispensing, possession or use of a con- trolled 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 em- ployees of SUB RECIPIENT will be required to: a) Abide by the terms above in statement 1. b) Notify appropriate officials of SUBRECIPIENT and CITY officials of any criminal drug statute conviction for a violation occurring in the workplace not later than five days after such conviction. 15 5/05 3. The City and the United States Department of Housing and Urban Development will be notified within ten days after receiving notice of any such violation. 4. Within 30 days of receiving such notice, appropriate personnel action will be taken against such employee, up to and including termination. 5. 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. X. Expenditure of Funds: SUBRECIPIENT must spend all of its grant amount within 24 months of the grant award (24 CFR 576.35). Any funds not obligated within said timeframe shall be reallocated. II. CITY'S OBLIGATIONS A. CITY shall pay to SUBRECIPIENT from funds received under the ESG when, if and to the extent received from HUD, amounts expended by SUBRECIPIENT incarryingout~ai? pr~gr~1ll purstlant to this Agreement up to a maximum aggregate amount of ~lM~~~!i~!m$~ 1Ii!~~~ ($m~i~) in installments determined by CITY. Payments shall be made to SUBRECIPIENT through the submission of quarterly invoices (on or before the 15th day ofOc- tober, 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 within the scope of this Agreement and that SUBRECIPIENT is in compliance with the terms and conditions of this Agreement. Costs incurred prior to the effective date of this Agreement, accrued as of the first day of July 1, for purposes identified herein will be allowable for reimbursement upon presentation of evidence of and invoices for such expenditures. B. Audit: CITY shall include an audit of the account maintained by SUBRECIPIENT in CITY's annual audit of all funds pursuant to the Code of Federal Regulations and other applica- ble 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 appli- cable project. 16 5/05 E. Performance Monitoring: CITY shall monitor the performance of the SUBRECIPIENT against goals and performance standards required herein. Substandard per- formance as determined by the CITY will constitute non-compliance with this Agreement. If action to correct such substandard performance is not taken by the SUBRECIPIENT within a reasonable period of time after being notified by the CITY, contract suspension or termination procedures will be initiated. III. NONDISCRIMINATION SUBRECIPIENT agrees that no person on the ground of race, color, national origin, re- ligion 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 ESG funds. IV. CONFLICT OF INTEREST Pursuant to the conflict of interest requirements set forth in 24 CFR 576.57 and OMB Circu- lars 1-102 and A-I 10, SUBRECIPIENT agrees that no officer, employee, agent or assignee of CITY having direct or indirect control of any ESG monies granted to the CITY, inclusive of the subject ESG FUNDS, shall serve as an officer of SUBRECIPIENT. Further, any conflict or potential con- flict of interest of any officer of SUB RECIPIENT shall be fully disclosed in writing prior to the exe- cution 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 In addition to, and not in substitution for, other provisions of this Agreement regarding said program using federal funds, SUBRECIPIENT: A. Represents that it is, or may be deemed to be, a religious or denominational institu- tion or organization or an organization operated for religious purposes that is supervised or con- trolled by or in connection with a religious or denominational institution or organization; B. Agrees that, in connection with said program: 1. It will not discriminate against any employee or applicant for employment on the basis of religion and will not limit employment or give preference in employment to persons on the basis of religion; 2. It will not discriminate against any person applying for participation in said pro- gram on the basis of religion and will not limit such participation or give preference to persons on the basis of religion; 3. It will provide no religious instruction or counseling, conduct no religious wor- ship or services, engage in no religious proselytizing, and exert no other religious influence in 17 5/05 said program; 4. The funds received under this Agreement shall not be used to construct, rehabili- tate, or restore any facility that is owned by SUBRECIPIENT and in which said program is to be implemented; provided that, minor repairs may be made if such repairs (I) are directly related to said program; (2) are located in a structure used exclusively for non-religious purposes and (3) constitute in dollar terms only a minor portion of the federal fund expenditure for said program. VI. CONDITIONS ON PROVISIONS OF DEVELOPMENT AND IMPLEMENTING HOMELESS PREVENTION ACTIVITIES In addition to, and not in substitution for, other provisions of this Agreement regarding said program using federal funds, SUBRECIPIENT: A. Represents that it is, or may be deemed to be, a Homeless Prevention Program [24 CFR 576.2l(a)(4)] and will implement homeless prevention activities subject to the limitations in 42 USC l1374(a)(4); B. Agrees that, in connection with said program, if ESG funds are to be used to assist families that have received eviction notices or notices of termination of utility services, the fol- lowing conditions will be met: 1. The inability of the family to make the required payments must be the result of a sudden reduction in income; 2. The assistance must be necessary to avoid eviction of the family or termination of services to the family; 3. There must be a reasonable prospect that the family will be able to resume pay- ments within a reasonable period of time; and 4. The assistance must not supplant funding for preexisting homeless prevention ac- tivities from any other source. VII. PROHIBITION OF NEPOTISM SUB RECIPIENT 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 SUB RECIPIENT. For the purposes of this section, the term "imme- diate 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. 18 5/05 VIII. 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 CA 92702-1988 TO SUBRECIPIENT: Vivian Clecak Executive Director Human Options 5540 Trabuco Road Irvine, CA 92620 IX. ASSIGNABILITY None of the duties of, or work to be performed by, SUB RECIPIENT under this Agree- ment 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 SUB RECIPIENT pursuant to this Agreement. X. HOLD HARMLESS SUBRECIPIENT shall defend, indemnify and save harmless CITY, its officers, agents, employees, representatives and volunteers from and against any and all damages to property or 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, agents, employees, rep- resentatives and volunteers from and against any and all claims, demands, suits, actions or pro- ceedings 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 SUBRECIPI- ENT's performance ofthis Agreement. XI. TERMINATION This Agreement may be terminated in accordance with Federal Register 24 CFR Part 576 as follows: A. This Agreement may be terminated by CITY on thirty (30) days' written notice by ei- 19 5/05 ther party. In the event of such termination, SUBRECIPIENT shall only be entitled to reim- bursement 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, state and/or local laws governing the use of Emergency Shelter Grant funds. Furthermore, the SUBRECIPIENT shall comply with the Con- ditional Use permit requirements. For failure to comply with the aforementioned terms, suspen- sion or termination shall result, and SUB RECIPIENT shall only be entitled to reimbursement for approved expenses incurred up to the effective date of suspension or termination. C. In the event SUB RECIPIENT defaults by failing to fulfill all or any of its obligations hereunder, CITY may declare a default and termination of the 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 no- tice, 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 pay- ments 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. 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 de- scribed in Exhibits A and B or failure to meet the performance standards and program goals set forth therein. F. In the event this Agreement is terminated as set forth in Section X.A through X.E, in- clusive, SUBRECIPIENT agrees to immediately return to CITY, upon CITY's demand and prior to any adjudication of SUB RECIPIENT's rights, any and all funds not used under this Agree- ment. XII. LIMITATION OF FUNDS The United States of America, through HUD, may, in the future, place programmatic or fiscal limitations on the use of ESG funds which limitations are not presently anticipated. Ac- cordingly, 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 SUBREClPIENT'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 20 5/05 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 allowed to de-scope accordingly. Where CITY has reasonable grounds to question SUBRE- CIPIENT'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 SUB RECIPIENT 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 le- gally 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. XIII. INSURANCE A. SUBRECIPIENT shall furnish CITY's Clerk ofthe Council with an insurance certifi- cate from its workers' compensation insurance carrier certifying that it carries such insurance and that the policy shall not be canceled nor the coverage reduced except upon thirty (30) days prior notice to CITY. B. SUBRECIPIENT shall undertake self-insurance, or shall obtain, at its sole cost, a pol- icy or policies of commercial general liability insurance, or equivalent form, with a combined single limit of not less than $1 Million Dollars per occurrence. Such insurance shall: (I) name the City of Santa Ana, its officers, agents, employees and volunteers as additional insureds; (2) be primary with respect to insurance or self-insurance pro- grams 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 SUBRE- CIPIENT's operations hereunder. SUBRECIPIENT shall: (i) 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; (ii) provide that such insurance shall not be materially changed or terminated except on thirty (30) days prior written notice to the CITY; (iii) 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. XIV. EXCLUSIVITY AND AMENDMENT TO AGREEMENT This Agreement supersedes any and all other agreements, either oral or in writing, be- tween the parties hereto with respect to the use of CITY's ESG funds by SUB RECIPIENT 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 any- one 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 21 5/05 SUB RECIPIENT. XV. LAWS GOVERNING THIS AGREEMENT This Agreement shall be governed by and construed in accordance with the laws of the State of California, and all applicable federal laws and regulations. XVI. VALIDITY The invalidity in whole or in part of any provision of this Agreement shall not void or af- fect the validity of any other provision of this Agreement. XVII. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully, including reasonable costs and attorney's fees, for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits and Attachments referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. c. No delay or omission by either party hereto to exercise any right or power accruing upon any noncompliance or default by the other party with respect to any of the terms of this Agreement shall impair any such right or power or be construed to be a waiver thereof. A waiver by either of the parties hereto of any of the covenants, conditions, or agreements to be performed by the other shall not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or agreement herein contained. 22 5/05 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. ATTEST: CITY OF SANTA ANA a municipal co oration PATRICIA E. HEALY Clerk ofthe Council APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney d<- {.~ By: LISA E. STORCK Assistant City Attorney SUBRECIPIENT: DATED: \~\~ Name:Vivian Clec"ak Title:Executive Director Tax ID#95-3667817 23 City of Santa Ana Emergency Shelter Grant Scope of Work Name of Organization- Human Options. Inc. Name of Funded Program- Battered Women's Shelter Annual Accomplishment Goal I. Total number of un duplicated clients (Santa Ana and Non-Santa Ana Residents) anticipated to be served by the funded program, named above, during the l2-month contract period. 201 PERSONS II. Number of only unduplicated Santa Ana residents to be served by the funded program, named above, during the l2-month contract period. lLPERSONS Program and Funding Description III. Description of Work - In the space below, describe the program to be funded during the l2-month contract period. Human Options will provide 12 Santa Ana residents experiencing domestic violence in their home with a safe place to stay and support services that will move them toward self-sufficiency, emotionally, economically and socially. Human Options Emergency Shelter provides shelter and services for up to 45 days. During this time clients will receive assistance in obtaining permanent housing, psychological counseling, employment counseling, nutritional counseling, transportation, job placement and childcare. IV. Activities funded by this grant - How will ESG funds be used for the funded program? Narratively describe the budget for the funded program illustrated in Exhibit B and B-1. These funds will be used to support the Shelter Program Director's salary. The Program Director oversees the entire operation of the shelter on a day-by-day basis. She interacts not only with the staff, but with every client. She supervises the staff and advises them on any decisions made regarding each client. The Shelter Program Director at Human Options has been in this position for eleven years. Exhibit A Page 1 of2 Schedule of Performance Estimate the number of only unduplicated Santa Ana residents to be served by the funded program during the l2-month contract period per quarter. (How many new Santa Ana clients will be served each quarter.) Quarter 1: Julyl - September 30 Quarter 2: October! - December 31 Quarter 3: January 1 - March 31 Quarter 4: April 1 - June 30 L-Persons L-Persons L-Persons L-Persons ~Total number of un duplicated Santa Ana residents to be served. (Must equal the number for II above.) Schedule ofInvoicing Estimate the amount of grant funds to be requested during the l2-month contract period on a quarterly basis. Quarter 1: Julyl - September 30 Quarter 2: October! - December 31 Quarter 3: January 1 - March 31 Quarter 4: April 1 - June 30 $3.000.00 $3.000.00 $3.000.00 $3.000.00 $12.000.00 Total Grant (Must equal the Total Program Budget indicated on Exhibit B.) Exhibit A Page 2 of2 CITY OF SANA ANA Emergency Shelter 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. Instructions: From the list of activities below select the activity that best describes the purpose of the program that will be funded in fiscal 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 Hun Objective to be fulfilled HUn Outcome to be fulfiUed illustrated by Hun Indicator Suitable Creating Specific Outcome Activity/Program Outcome Tracking Goal Living Decent Economic A vailability/ Affordability Sustainabili~ Indicator # Housing ~~portunitie Accessibility (Please see page 4 Environment of 4 for desc.) Anti-{'rimeServices rack the reduction in educe response time to sponsc time andilie erious crimes in the City's umber of criminal Low- and Moderate-Income D apprehended as a result. rea by at least 3 minutcs sul1ingintheapprehension 2 ft,500crimina]sthatmay X X therwiseescape. OU5_year goal to be achieved by FY09/10 airHousingScrvices Provide fair housing service 1. Provide fair housing and ongoing analysis of ounseling,educalionand impedimenls to fair housing, nforcemenlserviceslo D ,000 Santa Ana households. X X 2 "*5-yeargoal10 bc chievedby FY 09/10 . Annually assess actions to liminaleimpedimenlstofai X X 2 ousmg. omelcssnessPrevenlion Track IlSsisted individuals 50% OfllSSisled individuals horetained their housing or md households will retain liliticsforatleasl6months eirhousing or utililicsfor 14 D afierassistancewas I lellSt6 months after X X IT'Ovided. ssistanceisprovidcd. mergencyShelter Track individuals who 0% of 12 ceived support services 'ndividualslhouscholdsthal or thai were linked 10 one or m: provided with emergency ~ nore addilional support shelter will transition 10 X X scrviceand/orappropriate interim housing (Le" 13 ousing. nmsitionalhousing). ransitionalHousing rack homeless individuals % of homeless individuals ho participated in articipatingin lransitional 2 ansitiolllllhousingprogram ousingprogramwill be X X D at were placed in laced in pennanent housing. I~~thousing. upportiveServices Track individuals who 50% of individuals/families lreceivedsupportservices !receiving support services that were linked to one or lwiIl bc linked to one ormoro 2 D \more additional support dditional suppon service X X scrviceand/orappropriate nd/or appropriate housing. ousing. Exhibit A-I Page 1 of 4 Fulfillment TrackinJJ iUustrated by HUD Ob"ective to be fulfilled HUD Outcomes to be fulfilled HUD Indicator Suitable Creating Specific Outcome Activity!Program Outcome Tracking Goal Living Decent Economic Availability! Affordability Sustainabilit) Indicator # Environment Housing Iopportunitie Accessibility (Please see page 4 of4 fordesc.) eniorServices 1. Track assisted senior 1. 80% of ass is led senior citizensthatremaincd iti.:ens will remain 0 independent for allellstI .ndependent for lit least I X X 2 ellr llftcr services were ear lifter scrvices are ~vided. rovided. . Track seniors receiving . 90% of seniors receiving ~ferralsthalwerelinkedto eferrals will be linked to the 0 the services soughl. serviccssoughl. X X 2 wner-Occupied umber ofownCTS llssisted hysiclll safety and comfort ousingRehabilitation to rehabilitale their primary ill be improved for Low sictenceforthefollowing land Moderale income income categories: ouseholdsbyimproving 0 -Extremely Low Income omestoalevelthlltmeets 9 -Very Low Income r exceeds HUDhousing X X -Moderate Income uahtystandards SpccilllNeedsClltegories -Large Families rllilEldcrlyServices Track frail c1derly 0% of frail clderly individuals thllt were linked .ndividulllswillbelinkedto 2 0 to the services sought. he services sought X X iSllbledScrvices Track disables persons upportindependenthving hose independent living for 90% of disabled persons 2 0 as supponed by City funds. ssistcd by City funds. X X ervices for Mentally III Trackindividualsllssisted 100%ofindividualsassisted ith City resources thllt were ith City resources will be 0 rovided anenLry point into rovided an entry point into cregional mental health heregionalmentalheaith X X 2 are system and linked to III l\I'C system llnd linked to lit lellst one llddilionlll mental easl one llddilional mental nclllthsupportiveservice. elllth supponive service. Scr1 ices for Subslance rack how mllny individUllls Provide entry into the ddicted ith substancc addiction in gional rccovery system for ere provided lln cntry into 2Sindividualswith eregionlllrecoverysyslem substance addiClion llnd link 0 and linkcd to additional em to lldditional services. 2 services. X X .uS-yeargOlll to be chievedbyFY09/1O ouUtServices I. Track improvement in 1. Foreduclltion-bascd e-lesl,po:;I-lestscorcs. l)Togrllffis,improveprc-lesl 2 0 fmSl-test scores by50% X X . Tracknumberof . Provide opportunities for 0 individuals el\posedto the I\posure to the fine arts. X X 2 fine arts. 0 3. Trackchildrcnlyouth 3.90%ofchildren!youth seeking referrals that wcre seekingreferrllls will be X X 2 Ihnked to the services sought. linked to the services sought ow-and Modcrate- l~rllCk program participants 0% of program participants ncomeServices lbatwerelinkedtoscrvices ill be linked to services 2 rUght. ought. X X 0 Exhibit A-I 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. The program is evaluated through the "Client Strengths Assessment" that is administered to all clients at program entry and at program exit. There are five domains addressed in the evaluation. which were derived from our mission and goals. (1) Economic Resources, (2) Empowerment/Self-Concept and Social Skills (3) Basic Parenting and Children's Progress, (5) Knowledge of Domestic Violence, and (6) Affordable, violence free housing. 50% of the women will increase their income and 25% will become employed. 75% will improve their empowerment scores. 75% will improve their parenting scores 80% will improve their knowledge of Domestic Violence 90% will move to violence free housing Our clients are tracked on their continued progress at 6 months and one year intervals. Exhibit A-I 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-I Page 4 of 4 Program Year 2006-2007 Final Budget Organization Name Human Options, Inc. Program Name Battered Women's Shelter Expenditures Expenses Funded by Expenses Funded Total Program Total Organizational Cate 0 Santa Ana ESG b Other Sources Bud et Bud et Administrative Staff Salaries & Benefits $ 46,410 $ 46,410 $ 452.330 Program Staff Salaries & Benefits 6,000 $ 924,128 $ 930,128 $ 2,646,107 Contractual/Professional Services: List below 1 $ 2 $ 3 Office Su lies $ 6,000 6,145 12,145 $ 112,584 Rent 38,673 38,673 $ 260,707 Communications 14,735 14,735 $ 34.882 Utilities 23,866 23,866 $ 54,510 Insurance 12,084 12,084 $ 39,550 Other:List below 1 Donated Assets $ 47,584 $ 47,584 $ 184,470 2 Milage and Parking $ 7,729 $ 7,729 $ 27,924 3 Client Services $ 182,077 $ 182,077 $ 292,538 4 Property Taxes $ Contractual/Professional 5 Services $ 87,027 $ 87,027 $ 308,226 Total $ 12,000 $ 1,390,458 $ 1,402,458 $ 4,413,828 LIST ALL OTHER PROGRAM FUNDS THAT HAVE BEEN SECURED FOR 06-07 (Total Funds for Program must equal Total Program Budget above) Source Amount Santa Ana ESG $ 12,000 OES, Presle ,BWSG $ 558,878 HUD, NOFA Coalition $ 179.333 Irvine CDBG $ 12,981 Uni1ed Wa $ 20,340 In Kind, Indiv. Foundations, Events $ 618,926 Total Funds for Pro ram Exhibit B Page 1 of 1 $ 1,402,458 2006-2007 Funded Personnel Name of Organization: Name of Program Human Options, Inc. Battered Women's Shelter ADMINISTRATIVE STAFF Position Title Annual Annual Total ESG Funds % of time Of this time % of Total Salary Benefits Compensation Requested for spent on percent of Compensation this position funded time serving Eligible nrocrram Santa Ana $ - 0% $ - 0% $ - 0% $ - 0% $ - 0% $ - 0% $ - 0% $ - 0% $ - 0% Total Amount Reouested $ - Must equal amount indicated on Exhbit B PROGRAM STAFF Position Title Annual Annual Total ESG Funds % of time Of this time % of Total Salary Benefits Compensation Requested for spent on percent of Compensation this position funded time serving Eligible nrooram Santa Ana Shelter Director $ 63 968 $ 13,433 $ 77,401 $ 6,000 100% 20% 20% $ - 0% $ - 0% $ - 0% $ - 0% $ - 0% $ - 0% $ - 0% $ - 0% Total Amount Reouested $ 6000 Must equal amount indicated on Exhbit B CONTRACTUAL/PROFESSIONAL SERVICES Position Title Annual Annual Total ESG Funds % of time Of this time % of Total Contract Benefits Compensation Requested for spent on percent of Compensation Amount this position funded time serving Eligible nrooram Santa Ana $ - 0% $ - 0% $ - 0% $ - 0% $ - 0% $ - 0% $ - 0% $ - 0% $ - 0% Total Amount Reauested $ - 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 to 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 ofa 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, sub grants, 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. Human Options, Inc. Grantee/Contactor Organization Battered Women's Shelter Program Title Vivian Clecak, Executive Director Name of Certifying Officer ~~l~ Signature Date EXHIBIT C Page 1 of2 SUBRECIPIENT warrants the following: 1. SUB RECIPIENT will comply with Public Law 88-352, Title VI of the Civil Rights Act of 1964 (42 U. S. C. section 2000 et seq.) and implementing regulation in 24 CFR Part 1. 2. No person in the United States shall on the ground of race, color, religion, national origin, or sex, be excluded from participation in, or be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with community development funds made available pursuant to the ACT. 3. All laborers and mechanics, employed by contractors or subcontractors in the performance of construction work financed in whole or in part with community development funds shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined in accordance with the Davis-Bacon Act, as amended, 40 U. S. C. Sections 276 a 1-5, except for individuals who perform services for which they volunteered; do not receive compensation for such services; or are paid expenses, reasonable benefits, or a nominal fee for such services; and are not otherwise employed at any time in construction work. 4. SUBRECIPIENT will comply with all Federal statutes applicable to projects funded with community development funds, except that (a) SUBRECIPIENT does not assume CITY'S environmental responsibilities described at 24 CFR 570.604; and (b) SUB RECIPIENT does not assume CITY'S responsibility for initiating the review process under Executive Order 12372. EXHIBIT C Page 2 of2 If you think your home has high levels of lead: . Get your young children tested for lead, even if they seem healthy. . Wash children's hands, bottles, pacifiers, and toys often. . Make sure children eat healthy, low-fat foods. . Get your home checked for lead hazards. . Regularly clean floors, window sills, and other surfaces. . Wipe soil off shoes before entering house. . Talk to your landlord about fixing surfaces with peeling or chipping paint. . Take precautions to avoid exposure to lead dust when remodeling or renovating (call 1-800-424- LEAD for guidelines). . Don't use a belt-sander, propane torch, high temperature heat gun, scraper, or sandpaper on painted surfaces that may contain lead. . Don't try to remove lead-based paint yourself. Are You Planning To Buy, Rent, or Renovate a Home Built Before 19181 Many houses and apartments built before 1978 have paint that contains high levels of lead (called lead- based paint). Lead from paint. chips, and dust can pose serious health hazards if not taken care of properly. OWNERS, BUYERS, and RENTERS are encouraged to check for lead (see page 6) before renting. buying or renovating pre- t 978 housing. F ederallaw requires that individuals receive certain information before renting. buying, or renovating pre- t 978 housing: []:jJ T / LANDLORDS have to disclose known infor- mation on lead-based paint and lead-based paint hazards before leases take effect. Leases must include a disclosure about lead-based paint. SHURS have to disclose known informa- tion on lead-based paint and lead-based paint hazards before selling a house. Sales contracts must include a disclosure about lead-based paint. Buyers have up to to days to check for lead. RENOVATORS disturbing more than 2 square feet of painted surfaces have to give you this pamphlet before starting work. . IMPORTANT! Lead From Paint, Dust, and Soil Can Be Dangerous If Not Managed Properly FACT: Lead exposure can harm young children and babies even before they are born. FACT: Even children who seem healthy can have high levels of lead in their bodies. fACT: People can get lead in their bodies by breathing or swallowing lead dust. or by eating soil or paint chips containing lead. FACT: People have many options for reducing lead hazards. In most cases, lead-based paint that is in good condition is not a hazard. fACT: Removing lead-based paint improperly can increase the danger to your family. If you think your home might have lead hazards, read this pamphlet to learn some simple steps to protect your family. . lead Gets in the Body in Many Ways <<";S,;;'/; ~ < ,! (i/ii}.'!; , '''''-'''''/~ '~""""'1., '~::.:ii,nin:i'\ :;~ '~,'!l.:":;:;'!_".':P".....t~ ..IJI. Childhood lead poisoning remains a major environmen- tal health problem in the U.S. Even children who appear healthy can have danger- ous levels of lead in their bodies. 2 People can get lead In their body If they: . Breathe in lead dust (especially during renovations that disturb painted surfaces). . Put their hands or other objects covered with lead dust in their mouths. . Eat paint chips or soil that contains lead. Lead Is even more dangerous to children under the age of 6: . At this age children's brains and nervous systems are more sensitive to the dam- aging effects of lead. . Children's growing bodies absorb more lead. . Babies and young children often put their hands and other objects in their mouths. These objects can have lead dust on them. Lead Is also dangerous to women of childbearing age: . Women with a high lead level in their system prior to pregnancy would expose a fetus to lead through the placenta during fetal development. ~... ..,~~~,..I :: .~:...,../., .', . '", . Lead's Effects It is important to know that even exposure to low levels of lead can severely harm children. In children, lead can cause: . Nervous system and kidney damage. . Learning disabilities, attention deficit disorder, and decreased intelligence. . Speech, language, and behavior problems. . Poor muscle coordination. . Decreased muscle and bone growth. . Hearing damage. While low-lead exposure is most common, exposure to high levels of lead can have devastating effects on children, including seizures, uncon- sciousness, and, in some cases, death. Although children are especially susceptible to lead exposure, lead can be dangerous for adults too. In adults, lead can cause: . Increased chance of illness during pregnancy. . Harm to a fetus, including brain damage or death. . fertility problems (in men and women). . High blood pressure. . Digestive problems. . Nerve disorders. . Memory and concentration problems. . Muscle and joint pain. Reproductive Problems (Adults) Lead affects the body in many ways. 3 . Where lead-Based Paint Is Found In general, the older your home, the more likely it has lead- based paint. Many homes built before t 978 have lead- based paint. The federal government banned lead-based paint from housing in 1978. Some states stopped its use even earlier. Lead can be found: . In homes in the city, country, or suburbs. . In apartments, single-family homes. and both private and public housing. . Inside and outside of the house. . In soil around a home. (Soil can pick up lead from exterior paint or other sources such as past use of leaded gas in cars.) Checking Your Family for lead Get your children and home tested if you think your home has high lev- els of lead. 4 To reduce your child's exposure to lead, get your child checked, have your home tested (especIally If your home has paint In poor condItIon and was built before t 978), and fIx any hazards you may have. Children's blood lead levels tend to increase rapidly from 6 to 12 months of age, and tend to peak at 18 to 24 months of age. Consult your doctor for advice on testing your children. A simple blood test can detect high levels of lead. Blood tests are usually recommended for: . Children at ages 1 and 2. . Children or other family members who have been exposed to high levels of lead. . Children who should be tested under your state or local health screening plan. Your doctor can explain what the test results mean and if more testing will be needed. Identifying lead Hazards Lead-based paint is usually not a hazard if it is in good condition, and it is not on an impact or friction surface, like a window. It is defined by the federal government as paint with lead levels greater than or equal to t.O milligram per square centimeter, or more than 0.5% by weight. Deteriorating lead.based paint (peeling, chipping, chalking, cracking or damaged) is a hazard and needs immediate attention. It may also be a hazard when found on sur- faces that children can chew or that get a lot of wear-and-tear, such as: .. Windows and window sills. .. Doors and door frames. .. Stairs, railings, banisters, and porches. Lead dust can form when lead-based paint is scraped, sanded, or heated. Dust also forms when painted surfaces bump or rub togeth- er. Lead chips and dust can get on surfaces and objects that people touch. Settled lead dust can re-enter the air when people vacuum, sweep, or walk through it. The following two federal standards have been set for lead hazards in dust: .. 40 micrograms per square foot (J1g/ft1) and higher for floors, including carpeted floors. .. 250 Jig/ft2 and higher for interior window sills. Lead In soil can be a hazard when children play in bare soil or when people bring soil into the house on their shoes. The following two federal standards have been set for lead hazards in residential soil: Lead from paint chips, which you can see, and lead dust, which you can't always see, can both be serious hazards. .. 400 parts per million (ppm) and higher in play areas of bare soil. .. 1,200 ppm (average) and higher in bare soil in the remainder of the yard. The only way to find out if paint, dust and soil lead hazards exist is to test for them. The next page describes the most common meth- ods used. 5 Checking Your Home for lead Just knowing that a home has lead- based paint may not tell you if there is a hazard. 6 You can get your home tested for lead in several different ways: . A paint Inspection tells you whether your home has lead-based paint and where it is located. It won't tell you whether or not your home currently has lead hazards. . A risk assessment tells you if your home currently has any lead hazards from lead in paint. dust, or soil. It also tells you what actions to take to address any hazards. . A combination risk assessment and inspection tells you if your home has any lead hazards and if your home has any lead-based paint. and where the lead-based paint is located. Hire a trained and certified testing profes- sional who will use a range of reliable methods when testing your home. . Visual inspection of paint condition and location. . A portable x-ray fluorescence (XRF) machine. . Lab tests of paint, dust, and soil samples. There are state and federal programs in place to ensure that testing is done safely, reliably, and effectively. Contact your state or local agency (see bottom of page t t) for more information, or call .-800-424-LEAD (5323) for a list of contacts in your area. Home test kits for lead are available, but may not always be accurate. Consumers should not rely on these kits before doing renovations or to assure safety. . What You Can Do Now To Protect Your Family If you suspect that your house has lead hazards, you can take some Immediate steps to reduce your family's risk: . If you rent, notify your landlord of peeling or chipping paint. . Clean up paint chips immediately. . Clean floors, window frames, window sills, and other surfaces weekly. Use a mop or sponge with warm water and a general all-purpose cleaner or a cleaner made specifically for lead. REMEMBER: NEVER MIX AMMONIA AND BLEACH PRODUCTS TOGETHER SINCE THEY CAN FORM A DANGEROUS GAS. . Thoroughly rinse sponges and mop heads after cleaning dirty or dusty areas. . Wash children's hands often, especial- ly before they eat and before nap time and bed time. . Keep play areas clean. Wash bottles. pacifiers. toys, and stuffed animals regularly. . Keep children from chewing window 511I5 or other painted surfaces. . Clean or remove shoes before entering your home to avoid tracking in lead from soli. . Make sure children eat nutritious, low-fat meals high In iron and calcium, such as spinach and dairy products. Children with good diets absorb less lead. , ., I ~~ ~94flii';' ~ YOGURT 7 . Reducing lead Hazards In The Home Removing lead improperly can increase the hazard to your family by spreading even more lead dust around the house. Always use a professional who is trained to remove lead hazards safely. 8 In addition to day-to-day cleaning and good nutrition: . You can temporarily reduce lead hazards by taking actions such as repairing dam- aged painted surfaces and planting grass to cover soil with high lead levels. These actions (called "interim controls") are not permanent solutions and will need ongo- ing attention. . To permanently remove lead hazards, you should hire a certified lead "abate- ment" contractor. Abatement (or perma- nent hazard elimination) methods include removing. sealing, or enclosing lead-based paint with special materials. Just painting over the hazard with regular paint is not permanent removal. Always hire a person with special training for correcting lead problems-someone who knows how to do this work safely and has the proper equipment to clean up thoroughly. Certified contractors will employ qualified workers and follow strict safety rules as set by their state or by the federal government. Once the work is completed, dust cleanup activities must be repeated until testing indicates that lead dust levels are below the following: . 40 micrograms per square foot (jJg/ftl) for floors, including carpeted floors: . 250 /lg/ftl for interior windows sills: and . 400 /lg/ft2 for window troughs. Call your state or local agency (see bottom of page 1 1) for help in locating certified professionals in your area and to see if financial assistance is available. Remodeling or Renovating a Home With lead-Based Paint Take precautions before your contractor or you begin remodeling or renovating any- thing that disturbs painted surfaces (such as scraping off paint or tearing out walls): . Have the area tested for lead-based paint. . Do not use a belt-sander, propane torch, high temperature heat gun, dry scraper, or dry sandpaper to remove lead-based paint. These actions create large amounts of lead dust and fumes. Lead dust can remain in your home long after the work is done. . Temporarily move your family (espe- cially children and pregnant women) out of the apartment or house until the work is done and the area is prop- erly cleaned. If you can't move your family, at least completely seal off the work area. . follow other safety measures to reduce lead hazards. You can find out about other safety measures by calling t -800-424-LEAD. Ask for the brochure "Reducing Lead Hazards When Remodeling Your Home:' This brochure explains what to do before, during, and after renovations. If you have already completed renova- tions or remodeling that could have released lead-based paint or dust, get your young children tested and follow the steps outlined on page 7 of this brochure. If not conducted properly, c.ertain types of renova. tions c.an release lead from paint and dust into the air. 9 Other Sources of Lead While paint. dust. and soil are the most common sources of lead, other lead sources also exist. 10 . Drlnldng water. Your home might have plumbing with lead or lead solder. Call your local health department or water supplier to find out about testing your water. You cannot see, smell, or taste lead, and boiling your water will not get rid of lead. If you think your plumbing might have lead in it: . Use only cold water for drinking and cooking. . Run water for 15 to 30 seconds before drinking it, especially if you have not used your water for a few hours. . The job. If you work with lead. you could bring it home on your hands or clothes. Shower and change clothes before coming home. Launder your work clothes separately from the rest of your family's clothes. . Old painted toys and furniture. . Food and liquids stored in lead crystal or lead-glazed pottery or porcelain. . Lead smelters or other industries that release lead into the air. . Hobbles that use lead, such as making pottery or stained glass, or refinishing furniture. . folk remedies that contain lead, such as "greta" and "azarcon" used to treat an upset stomach. for More Information The National Lead Information Center Call1-S00-424-LEAD (424-5323) to learn how to protect children from lead poisoning and for other information on lead hazards. To access lead information via the web, visit www.epa.govlIead and www.hud.gov/offlceslIead/. EP~s Safe Drinking Water Hotline Call 1-800-426-4791 for information about lead in drinking water. Consumer Product Safety Commission (CPSe) Hotline ____ To request information on lead in consumer products, or to report an unsafe consumer product or a prod- uct-related injury call 1-800-638- 2772, or visit CPSC's Web site at: www.cpsc.gov. Health and Environmental Agencies Some cities, states, and tribes have their own rules for lead-based paint activities. Check with your local agency to see which laws apply to you. Most agencies can also provide information on finding a lead abatement firm in your area, and on possible sources of financial aid for reducing lead hazards. Receive up-to-date address and phone information for your local con- tacts on the Internet at www.epa.govlIead or contact the National Lead Information Center at 1-800-424-LEAD. ~/1 c::::::::=' --- -------- ror the hearing impaired. call the Federal Information Relay Service at l-800-877 -8339 to access any of the phone numbers in this brochure. 11 [PA Regional Offices Your Regional ErA Office can provide further information regard- ing regulations and lead protection programs. EPA Regional Offices Region . (Connecticut. Massachusetts. Maine. New Hampshire, Rhode Island, 'krmont) Regional lead Contact U.S. EPA Region 1 Suite t 100 (CPT) One Congress Street Boston. MA 02t t4-2023 t (888) 372-7341 Region 2 (New Jersey, New York. Puerto Rico. Virgin Islands) Regional Lead Contact U.S. EPA Region 2 2890 \\bodbridge Avenue Building 209, Mall Stop 225 Edison. NJ 08837-3679 (732) 32t-667t Region 3 (Delaware. Maryland. Pennsylvania, Virginia. Washington DC. West \o1rginia) Regional Lead Contact U.S. EPA Region 3 (3WC33) 1650 Arch Street Philadelphia. PA t 91 03 (215) 814-5000 Region 4 (Alabama, Florida. Georgia, Kentucky, Mississippi, North Carolina, South Carolina, Tennessee) Regional Lead Contact U.s. EPA Region 4 61 Forsyth Street. SW Arlanta. GA 30303 (404) 562-8998 Region 5 (illinois. Indiana. Michigan. Minnesota, Ohio. Wisconsin) Regional Lead Contact U.S. EPA Region 5 (DT-8J) 77 West Jackson Boulevard Chicago. IL 60604-3666 (312) 886-6003 12 Region 6 (Arkansas. Louisiana. New Mexico, Oklahoma, Texas) Regional Lead Contact U.s. EPA Region 6 1445 Ross Avenue, 12th Floor Dallas. TX 75202-2733 (214) 665-7577 Region 7 (Iowa, Kansas, Missouri. Nebraska) Regional lead Contact U.S. EPA Region 7 (ARTD-RALI) 90 I N. 5th Street Kansas City. KS 66 t 0 I (913) 55t-7020 Region 8 (Colorado. Montana. North Dakota. South Dakota. Utah. Wyoming) Regional Lead Contact U.S. EPA Region 8 999 18th Street. Suite 500 Penver. CO 80202-2466 (303) 312-6021 Region 9 (Arizona, California. Hawaii, Nevada) Regional lead Contact U.S. Region 9 75 Hawthorne Street San Francisco. CA 94105 (415) 947-4164 Region to (Alaska, Idaho. Oregon. Washington) Regional lead Contact U.S. EPA Region 10 Toxles Section WCM-128 1200 Sixth Avenue Seattle. WA 98101-1 t28 (206) 553- t 985 CPSC Regional Offices Your Regional CPSC Office can provide further information regard- ing regulations and consumer product safety. Eastern Regional Center Consumer Product Safety Commission 201 Varick Street, Room 903 New York. NY 100t4 (ltl) 610-4110 Western Regional Center Consumer Product Safety Commission t30t Clay Street. Suite 610-N Oakland. CA 946 t 2 (S 1 0) 637-4050 Central Regional Center Consumer Product Safety Commission 230 South Dearborn Street. Room 1944 Chicago. IL 60604 (311) 353-8260 Hun lead Office Please contact HUD's Office of Healthy Homes and Lead Hazard Control for information on lead regulations. outreach efforts, and lead hazard control and research grant programs. U.S. Department of Housing and Urban Development Office of Healthy Homes and Lead Hazard Control 4S1 Seventh Street, SW. P-3106 Washington. DC 10410 (101) 755-1785 This document is In the public domain. It may be reproduced by an indlvldual or organization without permission. Information provided In this booklet is based upon current scientific and technical understanding of the Issues presented and Is renective of the jurisdictional boundaries established by the statutes governing the co-authoring agencies. Following the advice given will not necessarily pro- vide complete protection in all situations or against all health hazards that can be caused by lead exposure. u.s. EPA Washington DC 20460 U.S. CPSC Washington DC 20207 U.S. HUD Washington DC 20410 EPA747-K-99-001 June 2003 13 Disclosure of Information on Lead-Based Paint and/or Lead-Based Paint Hazards Lead Warning Statement Housing built before 1978 may contain lead-based paint Lead from paint paint chips, and dust can pose health hazards if not managed properly. Lead exposure is especially harmful to young children and pregnant women. 8efore renting pre-1978 housing, lessors must disclose the presence of known lead-based paint and/or lead-based paint hazards in the dwelling. Lessees must also receive a federally approved pamphlet on lead poisoning prevention. Lessor's Disclosure (a) Presence of lead-based paint and/or lead-based paint hazards (check (i) or (ii) below): (i) Known lead-based paint and/or lead-based paint hazards are present in the housing (explain). (ii) _ Lessor has no knowledge of lead-based paint and/or lead-based paint hazards in the housing. (b) Records and reports available to the lessor (check (i) or (ii) below): (i) Lessor has provided the lessee with all available records and reports pertaining to lead-based paint and/or lead-based paint hazards in the housing (list documents below). (iil _ Lessor has no reports or records pertaining to lead-based paint and/or lead-based paint hazards in the housing. Lessee's Acknowledgment (initial) (c) Lessee has received copies of all information listed above. (d) Lessee has received the pamphlet Prated Your Family from Lead in Your Home. Agenfs Acknowledgment (initial) (el Agent has informed the lessor of the lessor's obligations under 42 U,S.c. 4852(d) and is aware of hislher responsibility to ensure compliance. Certification of Accuracy The following parties have reviewed the information above and certify, to the best of their knowledge, that the information they have provided is true and accurate. Date Lessor Date Lessor Lessee Date Lessee Date Agent Date Agent Date . Disclosure of Information on Lead-Based Paint and/or Lead-Based Paint Hazards Lead Warning Statement Every purchaser of any interest in residential real property on which a residential dwelling was built prior to 1978 is notified that such property may present exposure to lead from lead-based paint that may place young children at risk of developing lead poisoning. Lead poisoning in young children may produce permanent neurological damage, including learning disabilities, reduced intelligence quotient, behavioral problems, and impaired memory. Lead poisoning also poses a particular risk to pregnant women. The seller of any interest in residential real property is required to provide the buyer with any information on lead-based paint hazards from risk assessments or inspections in the seller's possession and notifY the buyer of any known lead-based paint hazards. A risk assessment or inspection for possible lead-based paint hazards is recommended prior to purchase. Seller's Disclosure (a) Presence of lead-based paint and/or lead-based paint hazards (check (i) or (ii) below): (i) Known lead-based paint and/or lead-based paint hazards are present in the housing (explain). (ii) ~ Seller has no knowledge of lead-based paint and/or lead-based paint hazards in the housing. (b) Records and reports available to the seller (check (i) or (ii) below): (i) _ Seller has provided the purchaser with all available records and reports pertaining to lead- based paint and/or lead-based paint hazards in the housing (list documents below). (ii) ~ Seller has no reports or records pertaining to lead-based paint and/or lead-based paint hazards in the housing. Purchaser's Acknowledgment (initial) (c) Purchaser has received copies of all information listed above. (d) Purchaser has received the pamphlet Proted Your Familyfrom Lead in Your Home. (e) Purchaser has (check (i) or (ii) below): (i) ~ received a lO-day opportunity (or mutually agreed upon period) to condud a risk assess- ment or inspection for the presence of lead-based paint and/or lead-based paint hazards; or (ii) ~ waived the opportunity to conduct a risk assessment or inspection for the presence of lead-based paint and/or lead-based paint hazards. Agenfs Acknowledgment (initial) (I) Agent has informed the seller of the seller's obligations under 42 USe. 4852(d) and is aware of his/her responsibility to ensure compliance. Certification of Accuracy The following parties have reviewed the infonnation above and certify, to the best of their knowledge, that the infonnation they have provided is true and accurate. Seller Date Seller Date Purchaser Date Purchaser Date Agent Date Date Agent Appendix A--Sample Summary Inspection Notice Format Note: The following appendix will not appear in the Code of Federal Regulations Summary Notice of Lead-Based Paint Inspection Address/location of property or structure(s) this summary notice applies to: l--------------------------------------------------____________________ J--------------------------------------------------------______________ J-----------------------------------------------------_________________ Lead-based paint inspection description: Date(s) of inspection:-------------------------------------------____ Summary of inspection results (check all that apply) : (a) No lead-based paint was found. (b) ____ Lead-based paint was found. (c) A brief summary of the findings of the inspection is provided below (required if lead-based paint found) . Summary of where lead-based paint was found. List at least the housing unit numbers and common areas (for multifamily housing), and building components (including type of room or space, and the material underneath the paint) : J-----------------------------------------------------_________________ J-----------------------------------------------------_________________ J------------------------------------------------------________________ J------------------------------------------------______________________ J-----------------------------------------------------_________________ l-------------------------------------------___________________________ J-----------------------------------------------_______________________ J-----------------------------------------------------_________________ c.------------------------------------------------______________________ L------------------------------------------____________________________ [---------------------------------------------------------------------- n _1----------------------------------------------------__________________ l---------------------------------------_______________________________ J-----------------------------------------------------_________________ Contact person for more information about the inspection: Printed name:--------------------------------------__________________ Organization:------------------------------__________________________ Street and city:--------------------------------------_______________ [[Page 50231]] State: ZIP:------------------------------________________________ Phone number: (____)------------------------------------------------- Person who prepared this summary notice: Printed name:------------------------------__________________________ Signature:-----------------------------------________________________ Attachment 3 Page 1 of5 Date:------------------------------------------______________________ Organization:--------------------------------------__________________ Street and city:------------------------------------------___________ State: ZIP: -------------------------------___________________ Phone number: (____)------------------------------------------------- Appendix B--Sample Summary Risk Assessment Notice Format Note: This following appendix will not appear in the Code of Federal Regulations Summary Notice of Lead-Based Paint Risk Assessment Address/location of property or structure(s) this summary notice applies to: 0------------------------------------------____________________________ J-----------------------------------------_____________________________ J-----------------------------------------------------_________________ Lead-based paint risk assessment description: Date(s) of risk assessment:--------------------------------------____ Summary of risk assessment results (check all that apply) : (a) ____ No lead-based paint hazards were found. (b) Lead-based paint hazards were found. (c) ---- A brief summary of the findings of the risk assessment is provided below (required if any lead-based paint hazards were found) . Summary of types and locations of lead-based paint hazards. List at least the housing unit numbers and common areas (for multifamily housing), bare soil locations, dust-lead locations, and/or building components (including type of room or space, and the material underneath the paint), and types of lead-based paint hazards found: c----------------------------------____________________________________ ,---------------------------------------------------------------------- ,---------------------------------------------------------------------- 1-------------------------------_______________________________________ J-----------------------------------------------------_________________ J-----------------------------------------------------_________________ 1-------------------------------_______________________________________ L----------------------------------____________________________________ [---------------------------------------------------------------------- n-------------------------------------_________________________________ 1----------------------------------____________________________________ J-----------------------------------------------------_________________ Contact person for more information about the risk assessment: Printed name:-------------------------------_________________________ J-----------------------------------------------------_________________ Organization:-----------------------_________________________________ C-----------------------------_________________________________________ Street and city:--------------------------___________________________ u-------------------------------_______________________________________ State: ZIP: Phone number: (____)--------------------------- Attachment 3 Page 2 of5 0----------------------------------------------------__________________ Person who prepared this summary notice: Printed name:---------------------------------------------___________ 0------------------------------------------------______________________ Signature:--------------------------------------------_______________ o Date:--------------------------------------------------------________ n------------------------------------------------______________________ Organization:------------------------------------------______________ C-----------------------------------------------------_________________ Street and city:-------------------------------------------------____ C-------------------------------------------------------_______________ State: ZIP: Phone number: (____)--------------------------- ~---------------------------------------------------------------------- Appendix C--Sample Summary Presumption Notice Format Note: The following appendix will not appear in the Code of Federal Regulations Notice That Lead-Based Paint or Lead-Based Paint Hazards Are Presumed to be Present Address/location of property or structure(s) this notice of presumption applies to: 0--------------------------------------------__________________________ 0----------------------------------------------------__________________ D-------------------------------------------------_____________________ Type of presumption (check all that apply) : (a) ____ Lead-based paint is presumed to be present. (b) Lead-based paint hazard(s) is (are) presumed to be present. Summary of presumption. List at least the housing unit numbers and common areas (for multifamily housing), bare soil locations, dust- lead locations, and/or building components (including type of room or space, and the material underneath the paint), and types of lead- based paint hazards presumed to be present: 0-------------------------------------_________________________________ 0--------------------------------------------__________________________ L------------------------------------------____________________________ L----------------------------------------______________________________ [---------------------------------------------------------------------- ~---------------------------------------------------------------------- J--------------------------------------________________________________ D---------------------------------------_______________________________ 0------------------------------------__________________________________ 0-----------------------------------___________________________________ [---------------------------------------------------------------------- [---------------------------------------------------------------------- J--------------------------------______________________________________ J-----------------------------------------------------_________________ L------------------------------------__________________________________ L------------------------------------__________________________________ ~---------------------------------------------------------------------- Contact person for more information about the presumption: 1\ttachrnent3 P.e3~5 . Printed name:-------------------------------------------_____________ [---------------------------------------------------------------------- Organization:-------------------------------------___________________ 1--------------------------------------------__________________________ Street and city:--------------------------------------------_________ J-------------------------------------------------_____________________ State: ZIP: Phone number: (_) -----------------------____ J----------------------------------------------________________________ Person who prepared this notice of presumption: Printed name:----------------------------------------------__________ J--------------------------------------------__________________________ Signature:---------------------------------------------______________ ] Date:-------------------------------------------------_______________ ]---------------------------------------------------------------------- Organization:------------------------------------____________________ [---------------------------------------------------------------------- Street and city:-------------------------------------------__________ L--------------------------------------------__________________________ State: ZIP: Phone number: (_) --------------------------- [---------------------------------------------------------------------- Appendix D--Sample Hazard Reduction Completion Notice Format Note: The following appendix will not appear in the Code of Federal Regulations. Summary Notice of Completion of Lead-Based Paint Hazard Reduction Activity Address/location of property or structure(s) this summary notice applies to: [---------------------------------------------------------------------- [---------------------------------------------------------------------- J---------------------------------------_______________________________ Summary of the hazard reduction activity: Start and completion date(s) :-------------------------_______________ Activity locations and types. List at least the housing unit numbers and common areas (for multifamily housing), bare soil locations, dust-lead locations, and/or building components (including type of room or space, and the material underneath the paint), and types of hazard reduction activities performed at the locations listed: ]---------------------------------------------------------------------- [---------------------------------------------------------------------- [---------------------------------------------------------------------- ---------------------------------------------------------------------- ]---------------------------------------------------------------------- I~----------------------------------------------------_________________ Date(s) of clearance testing and/or soil analyses: _ Locations of building components with lead-based paint remaining in the rooms, spaces or areas where activities were conducted: J---------------------------___________________________________________ Attachment 3 Page 4 of5 0---------------------------------------------------------------_______ ~---------------------------------------------------------------------- ~---------------------------------------------------------------------- Summary (a) (b) (c) of results of clearance testing and soil analyses: No clearance testing was performed. Clearance testing showed clearance was achieved. Clearance testing showed clearance was not achieved. Contact person for more information about the hazard reduction: Printed name:-------------------------------------------------------- Organization:----------------------------------------------------____ Street and city:-------------------------------------------------____ State: ZIP:--------------------------------------------------___ Phone number: (____)------------------------------------------------- Person who prepared this summary notice: Printed name:-----------------------------------------------------___ Signature:------------------------------------------------------_____ Date:---------------------------------------------------------_______ Organization:---------------------------------------------___________ Street and city:------------------------------------------------_____ State: ZIP:-----------------------------------------------______ Phone number: (____)------------------------------------------------- [FR Doc. 99-23016 Filed 9-14-99; 8:45 am] BILLING CODE 42l0-32-P 1\ttachrnent3 P.e5~5 . ATTACHMENT NO.4 LBP INFORMATION SUMMARY 1. ZERO/O BEDROOM < (LESS THAN) 100 DAYS IN UNIT; ASSISTANCE IN HOMELESS SHELTER . STATUS: EXEMPT TITLE X 2. ZERO/O BEDROOM> (MORE THAN) 100 DAYS IN UNIT . STATUS: OPEN ISSUE UNDER LBP REGS ZERO/O BEDROOM> (MORE THAN) 100 DAYS ASSISTANCE IN HOMELESS SHELTER . STATUS: OPEN ISSUE UNDER LBP REGS SEE SUBPART K . CLEARANCE OF UNITS) WILL BE REQUIRED BY CITY FOR ALL HOUSING UNITS (EVEN ZERO BEDROOM). FOR WHICH OCCUPANCY OCCURS BY ASSISTED HOUSEHOLD FOR MORE THAN 100 DAYS, PENDING FURTHER INTERPRETATION/GUIDANCE FROM HUD 3. ONE OR MORE (1+) BEDROOMS OCCUPANCY < 100 DAYS IN RESIDENTIAL UNIT AND/OR OCCUPANCY IN HOMELESS SHELTER . EXEMPT TITLE X 4. 1+ BEDROOMS> 100 DAYS IN RESIDENTIAL UNIT . STATUS: SAME AS #2 ABOVE; CLEARANCE REQUIRED . SEE SUBPART K 5. EMERGENCY RENTAL ASSISTANCE < 1 00 DAYS . EXEMPT TITLE X 6. EMERGENCY RENTAL ASSISTANCE> TO HOUSEHOLD TO BE OCCUPANCY IN RESIDENTIAL UNIT FOR MORE THAN 100 DAYS (SUCH AS LONG TERM LEASE SIGNED AT TIME OF EMERGENCY ASSISTANCE) Attachment 4 Page 1 of2 . CLEARANCE BEFORE ANY MONEY DISBURSED; LBP COMPLIANCE: NOTIFICATION, EVALUATION, REDUCTION THROUGH CLEARANCE REQUIRED BEFORE OCCUPANCY OF UNIT . MAY BE CONSIDERED TENANT BASED RENTAL ASSISTANCE (TBRA); THUS HQS INSPECTION AND SUBPART M MAY APPLY . SEE SUBPARTS K AND M . PENDING HUD GUIDANCE 7. TB RA < 100 DAYS . EXEMPT TITLE X 8. TBRA> 100 DAYS OF HOME ASSISTANCE (SUCH AS WHEN TENANT ENTERS INTO LONG TERM LEASE . SEE SUBPART M . CLEARANCE BEFORE ANY MONEY DISBURSED; LBP COMPLIANCE: NOTIFICATION, EVALUATION, REDUCTION THROUGH CLEARANCE REQUIRED BEFORE OCCUPANCY OF UNIT . HQS INSPECTION REQUIRED BEFORE OCCUPANCY . CLEARANCE BEFORE ANY MONEY DISBURSED 9. TBRA < 100 DAYS -TENANT ENTERS INTO LONG TERM LEASE, CITY GIVES LESS THAN 1 00 DAYS OF ASSISTANCE. . EXEMPT TITLE X Attachment 4 Page 2 of2 . ~> ~. =- '" =- -... ... ... =-", ~'" = 0 -. ... - = 0 00 = NO '" ... ... =- 0 - =- ... = 0 = = '" '" 0 ... 3 =- ... 0 is: 000= ... '" 0 ., '" = :L = rIJ 1:I"Cl ... ., =- ., = 0 ...'" - "'-": =- 1:"'l0= = '" 0 c.. S ~ 1:I"Cl ... ., ., =- ... = 0 ... "'- -..: =- (")1:"" o ":I 003= S" "Cl 2: __0 = ... """'" ~ = ... = '" '" ... ... 0 ... I:"'l (") < ., 00- =1:"" ...... DO DO DO = g;l ="":1 '" = 0 '" = ... Ro Attachment 5 Page 1 of 1 '!'j => '"l 5l S' '"l ""'3 '"l ~ l"l Co = IJQ ~ :;! ~ - - .... = IJQ = = .... ..... ~ ~ = Q. == => = ~ ~ =- => - Q. ~ .r 06/29/2006 14: 24 714-567-7474 OC HUMAN RElATIONS PAGE n., -~ . ACORD. TO PRllDIICER Sehwtldtt.rt &: Cornpany 15 l'etm; Canyon Road ITVme CA 92606-1402 I ..'" I 06/2812006 . THIS CERTlFtCATli IS ISSUED AS A MATTER OF INFORMATION I .0Nl'Y AND CONFEIlll NO RIGHTS UPON TIi" CERTIFICAfE HOI.Pl!~ 'lllIS CERTIFICATE DOES NOT AMEND, E:XTEND OR ALreR THI! COVERAGE! AFFORDED BY THE! POLICIES BELOW. INllURERS AI'FORDING COVERAee in ~ce Company CERTIFICATE OF LIABILITY INSURANCE . ........,. OC HUMAN RELA 110NS. GOyNCIL 1300 S. GrandAvc. Building B Santa Ana '-", ----- .._---. .. CA 92705 ... COVI!RAGES THE POLX:IES OF INSURANCe llSTED BF-LOW HAW BEEN ISSUII!D TO TH& INSUI<EJ:) NAMEtlMOVE FOR 1HI; pou<::y ~ERIOO INOlCATED. N01WlTHSTANClNG Nff REQUlREliENT, TERM OR COHDll1ON Of At("( CONTRACT OIl OTHER llOCU\'lIllNT WITH RESPECT 10 WHICH THIS CERTIFICATE MAY BE ISSUED Oil MAY PERTAIN, ~e INSURANCE AFfORllED f1'( THS POUCIES _ _EIN 'S SUIlJECT TO ALL THE _liS, ""CLUSIONS ANO CONOITIONS OF sue... POUCI~. AGGREGATE UMmI SHCJII\IN ~v HAVE BEEN REDUCED BY PAID ClAIMS. POUG'I....... Ie POUCY..,..... 1'CIlJCY""""""", 1I ~ .;;; -~""""'"" PHPK117809 0412612006 04I26f.!007 ~ I. 1,000,000 X C _fEW, UAaIUTY' ~~onIIfif'e\ I. 100000 -.: -.J CLWa...... 1KI0C01JR M&D:E)(PI" on. .~..., . 5000 PEmit'lll.lAI il,ADVtNJUIW 1,000 000 "MM'~TE 2 000 000 ~""~;"~~,.:: ~~~-COMP1OPAGGI . 1 000,000 POll"., II.~ A .AYTOJIIIOIILS l1AsLnT PHPK117809 0412612006 041.l6t2007 COMalNEQ 81l1ltlli LIMIT . 1,000,000 - -,."" (BlIeecidllr11l - ALL lJ\/\/NED AUTOS 800h..YIN,lURY 1f. [P8rlMlfllC'Jl'll , iCl-EDUlm Al1rOS - HIRED AUTOS . BOOILYINJ\JFlV N~"UT08 ...._n . - - PROPERTY DAMAGE . - lP-1ZlddDnt) ~~ .C ., AlJTO ONly. E:A.ACC!~ A'" AUTO . ;; i....) "'^co . 11.. OTHERlHNf , AUto OM. Y: , -~ . . ^- ~!1:? 'PZ- ._J'-<><>YME,NCE T........... J..- :;- , OCCUA. 0 CLAN! MADI! J,(,y(, , TF . =1"""""""'" . ., '"'- , . I\<;,:.;;~;L \.'.;' . . wotticba OOMf"ENM1XIfI M~ WGSTATlJ. ! I"'" EIIPl.O't'ER$' LlABll1TT . E.L EJI.Ol ^cmc~ . E.L DtSEN;E. EA EMP.J:OYR I E.L.DlSIiASE.POlh'!Y11IMT S A ono&e1l3in... :Property PHf'1(1178W 04I26n00(; 04/26'2007 $70,000 Coveragc/$500 Deductible DEIJORIP11ONOF OfIEMTtOMU,OCA'ISCII\I!JNEHR:'d- .'f:IONaADDI!DBY~L PRCMaoNS The City of Santa An.. 20 Civic CenteT Plll2a, M.:ZS, Santa Ana, CA 92701: It', Officers, Employee" Agents and volunteers are named .s AdditionalllUuJeds whll regard to. liability oDd defemc of suit'! orisiDg from lbe Opmtions and use. performed by or on behalf of the. nam.ed insured fo!" "DRP'$ Corbin Center Project", c rE HOI.DE!R I I AaaimoNAL IllaNlIm- 1t01- CANCl!LLAllON City of SlUM ^Q:t, IHOULD ANY' OFTHI! A90VE nactUBl!D POUaES DE CANea.l.!D~ ll1I!!@XPJMl1ON DA1& ltIERHOF, TH'I!!: JDUINCI/ltIUMlR VVILt [IJf.E!*..o.. .0 ~Il 0 DAYS WFlrTTEN . .--- .20 q/vte Center Plaza. M-2S NOnc:l!lOTMI! CEI\11RCA,.IQ.DI!A:NM'EO'TOTIf'E LEF1':~!'K:)~l SltIItaAna CA 92701 -/\or. _~.ID l!l!It1l!P..'1!DlI ~"'t7IlBItI""M--Aff'f'-ktHtI ~"MtftII!R: ~ "aElft'S ~ ..... ~_!M,..,I..=:Q 4InltCRZ!DfI!1IMSENT...1'IYI! fi<tJ. cf-!<'0fl'd-' , '" AAi ,\ICORD 2lioS (119T) ~ ACORD CORPORA1ION 1988 r B6/29/2BB6 14:22 714-567-7474 DC Hl.J>1AN RELATIONS PAGE B4 ADDITIONAL INSURED ENDORSEMENT Insurance Company Philadelphia Insurance Company ThIs endorsement modifies sUCh inslJl'8rlCS as is afforded by the provisions of Policy # PHPK1l7809 relating to the fonC?Wing: 1. The C~ of Santa Ana, 20 Civic Center Plaza, Santa' Ana, California 92702; its off'lQeIS. employees, agents and volunteers are named as additional insureds raddillonal insureds") with regard to IiabDlty and defense of suits arising from the operations and uses performed by or on behalf of the named insured. . '. 2. Wl1tU88pect 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 not additional to or contributing with any other Insurance carried by or for the benefit of the additional fll8lJreds. . . 3. . This Irisu/l!l1C6 applies separately to each inSured against whorri claim is made or suit is brought except with respect to the company's rlmils of liability. The inclusion of any person or organization as an insured shall not affect any right Which such person or organization would have as a claimant if not so included. _ 4. WIlh respect to the additional insureds, this insurance shall not be- cance/ed, or materiallY reduced in coverage or limb except after thIrty (30) days written . nOtice has been given. to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92702. . - - (Completion of the following, including countersignature, is required to make this enqorsement effective.) Effective Policy # . Issued to 4/26/2006 PHPK1l7809 Orang& County Human Relations Council Named Insured Countersigned by ~ 1 Ut:l- ,.-11 ~ - tl-l'J Authorized ~sentative , this endorsement form as a part of i ,'. .' ~2!~ ._-_. "/ C;?:~_ . . .. ,_. 06/29/?006 14:24 714-567-7474 DC HUMAN RELATIONS PAGE 02 CERTHOLDER COPY SP STATE COMPENSATION .NSYFlANCE FUND P.O. BOX 420907. SAN f'RANCISCO,CA 94142,-0807 CERTIFICATe OF WORKeRS' COMPENSATION lNSURANCIi 'X5SUI DATE: 00-1~-2000 CITY OF SANTA ANA 20 CIVIC CENTE~ pLZ M-37 SANTA ANA CA 92701-COSB SP ~OUP: . POl.lCY NUMBeR: 137S21B-200S CERTIFICATE 10: 28 CERTIFICATE EXPIRES: 1o-01-200G 10-01-200S/10-01-2008 ~ THIS CERTIFICATE SUPERSEDES AND CORRECTS CERTIFICATE , 24 DATED OB-22-2ooS ~D:DISpUTE ~ESOLUTIDN P~OGRAM this: is to C811ify thft we h0Pl8 Iss~.d a valid Workers' CQI1'IpensaUOr'l ihtUfllncG policy in a form' i1pprond by the Csliforrlia Insurance COmrn1"ioner to the etmplovBl' nlmed below. for the ~olicy period Indicated. 1'hiS policy is not liubjoet to c:anc>.tllatlon' by th. Fund 8XCGpt . upon 10 d8'fs ~"CB written nQtk:s to th~ E!Jl'r'Iployer. We will atao giva you 10 d~ BtN.ance notte. should this polley be caneellod prior to Its ~or~1 expiration. This cliitrtifiQSt.e Qf insu'~ce Is nct an ir:rs;urance poUcy and. does. not amend. 8xtond or alter tho covongo' ~fforded by the poUcy listed heraln. .Notwl'thstlndinSl :I'(If requireMent. term or condition of any contract or othar dOCUMent with ("",pect to whttlh thts c::ertifi(J:KfilI of fnsur.anee may bel Issued or to which tt may pSrtaln. the lnsur;T'1co sfto~dBd by the policy described ~.r.ln 18 subject to aR the torrns, s)(clualons. and conditions. of such polley. Q::R:=ZS EMPLOYER'S LIABIUTY LIMIT INCLUDINIil ~ PRESIDENT llCFENSE COSTS: $ 1.000.000 PER OCQIRRENCE. '-~-------- /'-f/'._~~~..5' EMPLOVER ORANllE COUNTY HUMAN RELATIONS COUNCIL (A SP NON-PIIOF%? CORPO~ATION) C/O COUNCIL 1300 S "RANO AVE ST' II SANTA ANA CA 92705 IREV.2-0S1 PRINTED ISJW,CNj 08-13-2008