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HomeMy WebLinkAboutSister of Saint Joseph- TALLER SAN JOSE 14 ~ AGREEMENT TERMINATION 9' ~\ ,~ JUL '21\ ~ . Please complete this form when the attached agreement'is no longer in elfl+~ 1-"> ~~T .~L Return form to the Sf. Deputy Clerk of the Council (q;~"()). Call 647-5238 if you have any questions. - - - - - - - - - - - - - - -;.- ~ ~l-~ -~- ~~ - - - - - - - - - - - - - - - -- The agreement with UXUlX ~ "6 (/). t, ,NoA-d.iJo{p- D9J. -t)lfl was completed on ~I ~ ;;2. -, , .). 0 01 , and final payment has been made. <::::, . Department: ~ ~. a~~ Signature: ~U(. ~_\ ~~ Date: -, /~2:.1 () 7 Revised 8-7-03 City of Santa Ana Clerk of the Council . il1SU,Ar,Cf ON filE W()Sf'~ M,;Y PROCEED WilL !i,SUPFJ~CE EXPIRES . _~-aD--()7 CLU!r, OF COUNCIL AGREEMENT BETWEEN THE CITY OF SANTA ANA AND 0m, AUG 0 9 2006 SISTERS OF SAINT JOSEPH OF ORANGE FOR USE OF 0: c.Ml- 0,) COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS (L.r-Io~) This Agreement, is hereby made and entered into this 1st day ofJuly, 2006, by and between the City of Santa Ana, a charter city and municipal corporation of the State of California ("CITY") and Sisters of Saint Joseph of Orange, a California nonprofit corporation ("SUBRECIPlENT"). A-2006-092-04l 5/05 WIIN~.s..s.~IH Recitals: A. The CITY, as an entitlement recipient and grantee of the United States Department of Housing and Urban Development ("HUD") Community Development Block Grant ("CDBG") Program, desires to enter this Agreement with the SUBRECIPlENT for the expenditure of CDBG funds in accordance with Title 24, Part 570 of Code of Federal Regulations 24 CFR 570.000, et seq. ("CDBG REGS"); and B. CITY has applied for and received CDBG funds from HUD pursuant to Title I of the Housing and Community Development Act of 1974, Public Law 93-383, as amended ("ACT"); and C. The SUBRECIPlENT is a private nonprofit agency that has been selected by the CITY to receive CDBG funds and administer such financial assistance; and to provide the services described in Exhibit A, in accordance with the schedule of performance included therein, hereinafter referred to as "said program". SUBRECIPlENT represents that it is qualified and willing to operate said program and certifies that the activities carried out with funds provided under this Agreement will meet one or more of the CDBG program's National Objectives (24 CFR Part 570.208). D. SUBRECIPlENT agrees that it will adhere to the performance measurements and outcomes as indicated on Exhibit B-1 (Outcome Tracking). Failure to follow the measurements and meet the stated outcomes may constitute breach of contract that could result in termination of this Agreement or serve as reason for the City to recapture the grant funds awarded to SUBRECIPlENT pursuant to this Agreement. E. The CITY and SUBRECIPlENT have duly executed this Agreement for the expenditure of such funds; and WHEREFORE, it is agreed by and between the parties that the foregoing Recitals are a substantive part of this Agreement and the following terms and conditions are approved and together with all exhibits and attachments hereto, shall constitute the entire Agreement between the CITY and SUBRECIPlENT: 1 5/05 I. SUBRECIPIENT'S OBLIGATIONS A. Non-Profit Status - Representations and Warranties. (a) Authority. SUBRECIPlENT 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. SUBREC1PlENT 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 SUBRECIPlENT has been fully authorized by all requisite actions on the part ofSUBRECIPlENT. (b) Experience. SUBRECIPlENT is a qualified provider of the services to be provided hereunder. (c) Familiarity With Services Required. By executing this Agreement, SUBRECIPlENT warrants that (i) it has thoroughly investigated and considered the services to be performed and provided hereunder, (ii) it has carefully considered how the services should be performed, and (iii) it fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. (d) No Conflict. To the best ofSUBRECIPlENT'S knowledge, SUBRECIPlENT'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 SUBRECIPlENT is a party or by which it is bound. (e) No Bankruptcy. SUBRECIPlENT is not the subject of any current or threatened bankruptcy proceeding. (t) No Pending Legal Proceedings. SUBRECIPlENT is not the subject of a current or threatened litigation that would or may materially affect SUBRECIPlENT'S performance under this Agreement. (g) Application Veracity. All provisions of and information provided in SUBRECIPlENT'S application for funding submitted to CITY including any exhibits are true and correct in all material respects. (h) No Pending Investigation. SUBRECIPlENT is not aware that it is the subject of any current or threatened criminal or civil action investigation by any public agency, including without limitation a police agency or prosecuting authority, that would relate to affect performance of the Agreement or provision of services hereunder. B. Amount of Grant and Ouarterlv Disbursement. The amount granted to SUBRECIPlENT is $ 34,000("CDBG FUNDS"), and such funds shall be expended by SUBRECIPlENT on or before June 30, 2007. The CDBG FUNDS shall be disbursed by CITY to SUBRECIPlENT on a quarterly basis (October, January, April and July) subject to and upon receipt and approval of a complete quarterly activity report from SUBRECIPlENT, with the final 2 5105 payment subject to the satisfaction of the condition precedent of submittal of complete reporting information due on or before July 15 of the applicable funding year, as hereinafter more fully set forth. SUBRECIPlENT shall be obligated to perform such duties as would normally extend beyond the term, including but not limited to obligations with respect to indemnification, audits, reporting, data retention/reporting, and accounting. C. Use of Funds. SUBRECIPlENT agrees to use all federal funds provided by CITY to SUBRECIPlENT pursuant to this Agreement to operate said program, as set forth in "Exhibit A," attached hereto and by this reference incorporated herein. SUBRECIPlENT'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 SUBRECIPlENT hereunder. D. Allowable Costs. SUBRECIPlENT agrees to complete said program on or before June 30, 2007 and to use said funds to pay for necessary and reasonable costs allowable under the federal law and regulations to operate said program. Said amounts shall include, but not be limited to, wages, administrative costs, and employee benefits comparable to other similarly situated employees. Other allowable program costs are detailed in the Budget, as set forth in "Exhibit B," attached hereto and by this reference incorporated herein. SUBRECIPlENT 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. SUBRECIPlENT agrees to obtain and maintain all required licenses, registrations, accreditation and inspections from all agencies governing its operations. SUBRECIPlENT shall ensure that its staff shall also obtain and maintain all required licenses, registrations, accreditation and inspections from all agencies governing SUBRECIPlENT's operations hereunder. Such licensing requirements include obtaining a City business license, as applicable. F. Zoning. SUBRECIPlENT 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 SUBRECIPlENT fail to have the required land entitlement and/or permits, thus violating any local, state or federal rules and regulations relating thereto, SUBRECIPlENT 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. SUBRECIPlENT 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. SUBRECIPlENT must make all corrections required to bring the facility/property into compliance with the law within sixty (60) days of notification of the violation(s); failure to gain compliance within such time shall result in termination of grant funding hereunder. G. Separation of Accounts. All funds received by SUBRECIPlENT from CITY pursuant to this Agreement shall be maintained in an account in a federally insured banking or savings and loan institution with record keeping of such accounts maintained pursuant to applicable OMB Circular A-110 requirements. SUBRECIPlENT is not required to maintain separate depository accounts for CDBG FUNDS; provided however, the SUBRECIPlENT must be able to 3 5/05 account for receipt, obligation and expenditure of CDBG FUNDS pursuant to applicable OMB Circular A-110 requirements. H. Audit Report Requirements. SUBRECIPlENT agrees that if SUBRECIPlENT receives Three Hundred Thousand Dollars ($300,000.00) or more in federal funds, SUBRECIPlENT 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. SUBRECIPlENT shall provide CITY with a copy of said audit by October 1 of the year following the program year in which this Agreement is executed. I. Record Keeping/Reporting. SUBRECIPlENT shall keep and maintain complete and adequate records and reports to assist CITY in meeting and maintaining its record keeping responsibilities under the CDBG REGS, including the following: (1) Records a. Documentation evidencing program income requirements in conformity with 24 CFR 570.504(b((2)(i), (ii) and 24 CFR 570.503(b)(3) and 24 CFR 570.208(a)(2)(B) of the income level of persons and/or families participating in or benefiting by the SUBRECIPlENT program. b. Documentation of the number of persons and/or families participating in or benefiting by the SUBRECIPlENT program. c. Household information shall include number of persons, identification of head of household, race/ethnicity, and income verification. d. Documentation of all CDBG FUNDS received from CITY. e. Documentation of expenses as identified in the Budget Proposal, including evidence of incurring the expense, invoices for goods or services, copies of any and all contracts or documentation pertaining to costs for subcontractors, plus all other invoices for which CDBG FUNDS were expended, and any payments therefor. f. Any such other related records as CITY shall reasonably require or as required to be maintained pursuant to the CDBG REGS. (2) Reports (i) Payment Request. Concurrently with the submittal of each quarterly report, on or before the 15th day of October, January, April and July, SUBRECIPlENT shall submit both: an original invoice and true copies of invoices, receipts, agreements, copies of any and all contracts or documentation pertaining to costs for subcontractors or other documentation supporting and evidencing how the CDBG FUNDS have been expended during the applicable quarter. 4 5/05 (ii) Quarterly Activity Report: SUBRECIPlENT agrees to keep monthly records of all ethnic and racial statistics of persons and families benefited by SUBRECIPlENT in the performance of its obligations under this Agreement, including, but not limited to, the number oflow and moderate income persons and households assisted in accordance with federal income limits, the number of female heads of households assisted, new program information and year-to- date program statistics on expenditures, case load and activities. J. Access to Records. CITY and the United State Government and/or their representatives shall have access for purposes of monitoring, auditing, and examining SUBRECIPlENT's activities and performance, to books, documents and papers, and the right to examine records of SUBRECIPlENT's subcontractors, bookkeepers and accountants, employees and participants in regard to said program. CITY and the United States Government and/or their representatives shall also schedule on-site monitoring at their discretion. Monitoring activities may also include, but are not limited to, questioning employees and participants in said program and entering any premises or any site in which any of the services or activities funded hereunder is conducted or in which any of the records of SUBRECIPlENT 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 CDBG FUNDS of SUBRECIPlENT and all documents related to this Agreement shall be maintained and kept available at SUBRECIPlENT'S office or place of business for the duration of the Agreement and thereafter for five (5) years after completion of an audit in conformity with the CDBG REGS's. Records which relate to (a) complaints, claims, administrative proceedings or litigation arising out of the performance of this Agreement, or (b) costs and expenses of this Agreement to which CITY or any other governmental agency takes exception, shall be retained beyond the five (5) years until complete resolution or disposition of such appeals, litigation claims, or exceptions. In the event SUBRECIPlENT does not make the above-referenced documents available within the city of Santa Ana, California, SUBRECIPlENT 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. SUBRECIPlENT acknowledges that the funds being provided by CITY for said program are received by CITY pursuant to the ACT as amended and that expenditures of these funds shall be in accordance with the ACT and all pertinent regulations issued by agencies of the federal government, including, but not limited to, all regulations found at Title 24 of the Code of Federal Regulations. Program income received by SUBRECIPlENT shall be returned to CITY unless otherwise provided for in this Agreement. SUBRECIPlENT agrees to comply fully with all federal, state and local laws and court orders applicable to its operation whether or not referred to in this Agreement. M. Standing. SUBRECIPlENT 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 ofSUBRECIPlENT shall be reported immediately to CITY. 5 5/05 N. Confidentiality. Without prejudice to any other provlSlons of this Agreement, SUBRECIPlENT shall, where applicable, maintain the confidential nature of information provided to it concerning participants in accordance with the requirements of federal and state law. However, SUBRECIPlENT shall submit to CITY and or HUD or its representatives, all records requested, including audit, examinations, monitoring and verifications of reports submitted by SUBRECIPlENT, costs incurred and services rendered hereunder. O. Independent Contractor. SUBRECIPlENT agrees that the performance of obligations hereunder is rendered in its capacity as an independent contractor and that it is in no way an agency of CITY. P. Violation of Terms and Conditions. SUBRECIPlENT agrees that if SUBRECIPlENT violates any of the terms and conditions of this Agreement or any prior Agreement whereby CDBG funds were received by SUBRECIPlENT, or if SUBRECIPlENT reports inaccurately, or if on audit there is a disallowance of certain expenditures, SUBRECIPlENT agrees to remedy the acts or omissions causing the disallowance and repay CITY all amounts spent in violation thereof. If SUBRECIPlENT engaged in fraudulent activity to obtain and/or justifY expenditure of the CDBG funds granted hereunder, SUBRECIPlENT shall be required to reimburse the CITY of all such funds that were obtained/spent under fraudulent circumstances. Q. Equipment. SUBRECIPlENT agrees to maintain a record for each item of non- expendable personal property acquired under the terms of this Agreement. Said record shall be made available to CITY upon request. The term "non-expendable personal property" shall include leased and purchased equipment. R. Prohibited Use. SUBRECIPlENT hereby certifies and agrees that it will not use funds provided through this Agreement to pay for entertainment, meals or gifts. S. Lobbving. SUBRECIPlENT 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. SUBRECIPlENT shall sign a certification to that effect in a form as set forth in "Exhibit C," attached hereto and by this reference incorporated herein. SUBRECIPlENT 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 SUBRECIPlENT 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 6 5/05 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). T. Financial Interest. SUBRECIPlENT agrees that except for the use of CDBG funds to pay salaries and other related administrative or personnel costs, no persons who exercise or have exercised any function with respect to CDBG activities assisted under the terms of this Agreement, or who are in a position to participate in a decision-making process or gain inside information with regard to such activities, may obtain a financial interest or benefit from a CDBG-assisted activity of SUBRECIPlENT, 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 SUBRECIPlENT. 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 US.c. sections 276a - 276a-5. Any such construction contract shall include and comply with the required contract provisions and rules set forth in 29 C.F.R. ~5.5. Further, the payroll reports (along with the "Statement of Compliance") and basic records are required to be maintained and submitted, or made available, pursuant to 29 C.F.R. ~5.5(a)(3). No payment, advance, grant, loan or guarantee of funds shall be approved by the federal agency unless there is on file with the agency a certification by the contractor that the contractor and its subcontractors have complied with the provisions of 29 C.F.R. ~5.5. A breach of the contract clauses in 29 C.F.R. ~5.5 may be grounds for termination of the contract, and for debarment as a contractor/subcontractor, as provided in 29 C.F.R. ~5.l2. Labor standards interviews/investigations shall be made as necessary to assure compliance [29 C.F.R. ~5.6(a)(3)]. V. Drug Free Workolace. SUBRECIPlENT certifies that it has established the following drug-free workplace policy: 1. The unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the workplace for any employee involved in a federally funded program. 2. As an employee working in conjunction with a federally funded program, the employees of SUBRECIPlENT will be required to: a) Abide by the terms above in statement 1. b) NotifY appropriate officials of SUBRECIPlENT and CITY officials of any criminal drug statute conviction for a violation occurring in the workplace not later than five days after such conviction. 7 5/05 3. The CITY and the United State Department of Housing and Urban Development will be notified within ten days after receiving notice of any such violation. 4. Within 30 days of receiving such notice, appropriate personnel action will be taken against such employee, up to and including termination. Each such employee shall be required to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state or local health, law enforcement, or other appropriate agency. II. CITY'S OBLIGATIONS A. Payment of Funds. Upon execution of this Agreement by SUBRECIPlENT, CITY shall pay to SUBRECIPlENT from CDBG funds, when, if and to the extent received from HUD, for CITY's 2006-07 CDBG program year amounts expended by SUBRECIPlENT in carrying out said program for fiscal year 2006-07 pursuant to this Agreement up to a maximum aggregate payment of Thirty-Four Thousand Dollars ($ 34,000) in installments determined by CITY. Payments shall be made to SUBRECIPlENT through the submission of invoices on a quarterly basis (October, January, April and July) in a form prescribed by CITY, detailing such expenses. CITY shall pay such invoices within thirty (30) days after receipt thereof provided CITY is satisfied that such expenses have been incurred and documented within the scope and provisions of this Agreement and that SUB RECIPIENT is in compliance with the terms and conditions ofthis Agreement. B. Audit of Account. CITY shall include an audit of the account maintained by SUBRECIPlENT in CITY's annual audit of all CDBG FUNDS in accordance with Title 24 of the Code of Federal Regulations and other applicable federal laws and regulations. C. Common Rule: Pursuant to CFR 85.40(a), the CITY manages the day-to-day operations of each grant and sub grant supported activities. CITY staff has detailed knowledge of the grant program requirements and monitors grant and sub grant supported activities to assure compliance with Federal requirements. Such monitoring covers each program, function and activity and performance goals are reviewed periodically. D. Environmental Review: In accordance with 24 CFR 58, the CITY is responsible for undertaking environmental review and maintaining environmental review records for each applicable project. E. Performance Monitoring: CITY shall monitor the performance of the SUBRECIPlENT against goals and performance standards required herein. Substandard performance as determined by the CITY will constitute non-compliance with this Agreement. If action to correct such substandard performance is not taken by the SUBRECIPlENT within a reasonable period oftime after being notified by the CITY, contract suspension or termination procedures will be initiated. 8 5/05 III. NONDISCRIMINATION SUBRECIPIENT agrees that no person on the ground of race, age, color, national origin, religion or sex will be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with CDBG funds. IV. CONFLICT OF INTEREST Pursuant to the conflict of interest requirements set forth in 24 CFR 576.57 and OMB Circulars 1-102 and A-llO, SUBRECIPlENT agrees that no officer, employee, agent or assignee of CITY having direct or indirect control of any CDBG monies granted to the CITY, inclusive of the subject CDBG FUNDS, shall serve as an officer of SUBRECIPlENT. Further, any conflict or potential conflict of interest of any officer of SUBRECIPlENT shall be fully disclosed in writing prior to the execution of this Agreement and said writing shall be attached and deemed fully incorporated as a part hereof. Notice shall be sent by SUBRECIPlENT to CITY regarding any changes or modifications to its board of directors and list of officers. V. SPECIAL CERTIFICATION FOR RELIGIOUS ENTITIES If SUBRECIPlENT is a religious entity, SUBRECIPlENT hereby agrees that in connection with the provision of the services SUBRECIPlENT shall provide with CDBG funds, in accordance with 24 CFR 570.200(j): A. SUBRECIPlENT shall not discriminate against any employee or applicant for employment on the basis of religion and shall not limit employment or give preference in employment to persons on the basis of religion. B. SUBRECIPlENT shall not discriminate against any person applying for the services SUBRECIPlENT agrees to provide under the terms of this Agreement on the basis of religion and shall not limit such services or give preference to applicants for such services on the basis of religion. C. SUBRECIPlENT shall NOT provide religious instruction or counseling, conduct any religious worship or services, or engage in any religious proselytizing, or exert any religious influence in the provision of the services in said program. The parties agree that this covenant is intended to and shall be construed for the limited purpose of assuring compliance with respect to the use of CITY funds by SUBRECIPlENT with applicable constitutional limitations respecting the establishment of religion as set forth in the establishment clause under the First Amendment of the United States Constitution and Article I, Section 4 of the California Constitution, and is not in any manner intended to restrict other activities ofSUBRECIPlENT. D. Where the services to be provided under said program are rendered on property owned by the primarily religious entity SUBRECIPlENT, CDBG funds may also be used for rninor repairs to such property which are directly related to the cost of rendering the services under said 9 5105 program, where the cost constitutes in dollar terms only an incidental portion of the CDBG expenditure for rendering the services under said program. VI. PROHIBITION OF NEPOTISM SUBRECIPlENT 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 SUBRECIPlENT. For the purposes of this section, the term "immediate family" means spouse, child, mother, father, brother, sister, brother-in-law, sister-in-law, father-in- law, mother-in-law, son-in-law, daughter-in-law, aunt, uncle, niece, nephew, stepparent and stepchild. The term "administrative capacity" means having selection, hiring, supervisor or management responsibilities. VII. NOTICES Notices to the parties shall, unless otherwise requested in writing, be sent by U.S. Mail, postage prepaid, and addressed as follows: TO CITY: City of Santa Ana Community Development Agency (M-25) 20 Civic Center Plaza P.O. Box 1988 Santa Ana, California 92702-1988 TO SUBRECIPlENT: Sister Kathleen Maloney Coordinator Special Projects Sisters of Saint Joseph-Taller San Jose 801 N. Broadway Santa Ana, CA 92701 VIII. ASSIGNABILITY None of the duties of, or work to be performed by, SUBRECIPlENT under this Agreement shall be subcontracted or assigned to any agency, consultant, or person without the prior written consent of CITY. SUBRECIPlENT 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 SUBRECIPlENT pursuant to this Agreement. 10 5105 IX. HOLD HARMLESS SUBRECIPlENT shall indemnifY, defend and save harmless CITY, its officers, employees, agents, representatives and volunteers from and against any and all damages to or for loss of use of property and for injuries to or death of any person or persons, including property and employees or agents of CITY, and shall defend, indemnifY and save harmless CITY, its officers, employees, agents, representatives and volunteers from and against any and all claims, demands, suits, actions or proceedings of any kind or nature, including, but not by way of limitation, workers compensation claims and including attorney fees and reasonable expenses for litigation or settlement, resulting from or arising out of the negligent or wrongful acts, errors or ornissions of SUBRECIPlENT, its officers, directors, employees, agents, subcontractors and suppliers arising out of SUBRECIPlENT's performance ofthis Agreement. X. INSURANCE A. In accordance with the provisions of Section 3300 of the Labor Code, if SUBRECIPlENT has any employees it is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing performance of this Agreement, SUBRECIPlENT agrees to obtain and maintain employer's liability insurance with limits not less than $1,000,000 per accident. If SUBRECIPlENT has no employees, nor workers' compensation coverage, it must execute a Declaration available from the CITY, and update as is necessary. B. SUBRECIPlENT shall undertake self-insurance, or shall obtain, at its sole cost, a policy or policies of commercial general liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall: (1) name the City of Santa Ana, its officers, agents, representatives, employees and volunteers as additional insured's; (2) be primary with respect to insurance or self-insurance programs maintained by the CITY; (3) contain standard separation of insured's provisions; and (4) give to CITY prompt and timely notice of claim made or suit instituted arising out of SUBRECIPlENT' s operations hereunder. SUBRECIPlENT shall: (a) prior to exercising any right under this Agreement, furnish properly executed certificates of insurance and additional insured endorsement to the CITY which shall clearly evidence all coverages required above; (b) provide that such insurance shall not be materially changed or terminated except on 30 days prior written notice to the CITY; (c) maintain such insurance for the period covered by this Agreement; and (d) replace such certificates for policies expiring prior to the expiration of this Agreement. XI. REVERSION OF ASSETS A. Upon the expiration of this Agreement, SUBRECIPlENT shall transfer to CITY any CDBG funds on hand at the time of the expiration of this Agreement as well as any accounts receivable attributable to the use ofCDBG funds. [24 CFR 570.503(b)(8).] 11 5/05 B. Any real property under SUBRECIPlENT's control that was acquired or improved in whole or in part with CDBG funds in excess of$25,000.00 must either be: 1. Used, where CITY has given written approval, to meet one of the national objectives stated in 24 CFR 570.208 until five (5) years after expiration of this Agreement, or for such longer period of time as determined to be appropriate by CITY; or 2. If not used in accordance with subparagraph A above, SUBRECIPlENT shall pay to CITY an amount equal to the current fair market value of the property less any portion of the value attributable to the expenditure of non-CDBG funds for acquisition of, or improvement to, the property. Such payment is program income to CITY. C. Subject to the obligations set forth herein, title to equipment acquired under the terms of this Agreement will vest upon acquisition in SUBRECIPlENT. When said equipment which has been acquired in accordance with this Agreement and all applicable regulations is no longer needed for said program, disposition of said equipment will be made as follows: 1. Items of equipment with a current per unit fair market value of less than $5,000.00 may be retained, sold or otherwise disposed of with no further obligation to CITY. 2. Items of equipment with a current fair market per unit value of $5,000.00 or more may be retained or sold and CITY shall have the right to an amount calculated by multiplying the current market value or proceeds from the sale by CITY's share of federal funds used to acquire the equipment, in accordance with 24 CFR 85.32(e)(2). D. SUBRECIPlENT hereby agrees, upon the demand of CITY, to execute, acknowledge and deliver, or cause any person or entity who may have any claim to rights hereunder or under any document, instrument or agreement executed in furtherance of the services and activities to be performed hereunder, to execute, acknowledge and deliver, to CITY assignment(s), quit claim deed(s) or such other and further instruments, documents and agreements as may be necessary, in the sole and absolute discretion of CITY, to vest in CITY all of SUBRECIPlENT's right, title and interest (if any it may have) in and to CITY, CDBG or other federal, state and/or local accounts or program funds or allocation of funds to which CITY is or may be entitled, either for its own account or as fiduciary or trustee for others, which were obtained for the purpose of the performance of this Agreement or any previous agreements relating to the same subject matter or activities as this Agreement, together with any instruments, loans, grants or advances by SUBRECIPIENT on behalf of CITY, in furtherance of the activities hereunder or thereof. SUB RECIPIENT's obligations and responsibilities set forth in this paragraph "XI. REVERSION OF ASSETS." and in paragraph "XII. TERMINATION" and other requirements pertaining to program income shall not be affected by the termination of this Agreement and shall survive the date of termination of this Agreement for such period of time as CITY and/or HUD deems necessary for the responsibilities, duties and obligations to be performed and completed to the satisfaction of CITY and HUD. 12 5105 XII. TERMINATION A. This Agreement may be terminated on thirty (30) days' written notice by either party. In the event of such termination, SUBRECIPIENT shall only be entitled to reimbursement for approved expenses incurred to the effective date of termination. B. This Agreement may be suspended or terminated by CITY upon five (5) days' written notice for violation by SUBRECIPIENT of Federal Laws governing the use of Community Development Block Grant Funds. In the event of such suspension or termination, SUB RECIPIENT shall only be entitled to reimbursement for approved expenses incurred up to the effective date of suspension or termination. C. Pursuant to 24 CFR 85.43, in the event SUBRECIPIENT defaults by failing to fulfill all or any of its obligations hereunder, CITY may declare a default and termination of this Agreement by written notice to SUBRECIPIENT, which default and termination shall be effective on a date stated in the notice which is to be not less than ten (10) days after certified mailing or personal service of such notice, unless such default is cured before the effective date of termination stated in such notice. If terminated for cause, CITY shall be relieved of further liability or responsibility under this Agreement, or as a result of the termination thereof, including the payment of money, except for payment for approved expenses incurred for services satisfactorily and timely performed prior to the mailing or service of the notice of termination, and except for reimbursement of (1) any payments made for services not subsequently performed in a timely and satisfactory manner, and (2) costs incurred by CITY in obtaining substitute performance. D. The grant of funds under this Agreement may be terminated for convenience in accordance with 24 CFR 85.44. E. The grant of funds under this Agreement may be terminated due to the non- performance of SUBRECIPIENT and/or failure of SUBRECIPENT to perform the work described in Exhibits A and B or failure to meet the performance standards and program goals set forth therein. F. In the event this Agreement is terminated as set forth in subparagraphs XILA. through XILE., inclusive, SUB RECIPIENT 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, and to comply with paragraph "XL REVERSION OF ASSETS" of this Agreement. XIII. LIMITATION OF FUNDS The United States of America, through HUD, may in the future place programmatic or fiscal limitations on the use of CDBG funds which limitations are not presently anticipated. Accordingly, CITY reserves the right to revise this Agreement in order to take account of actions affecting HUD program funding. In the event of funding reduction, CITY may, in its sole and absolute discretion, 13 5105 reduce the budget of this Agreement as a whole or as to costs category, may limit the rate of SUBRECIPlENT's authority to commit and spend funds, or may restrict SUBRECIPIENT's use of both its uncommitted and its unspent funds. Where HUD has directed or requested CITY to implement a reduction in funding, in whole or as to a cost category, with respect to funding for this Agreement, CITY's City Manager or delegate is authorized to act for CITY in implementing and effecting such a reduction and in revising, modifYing, or amending the Agreement for such purposes. If such a reduction in funding occurs, SUBRECIPIENT shall be permitted to de-scope accordingly. Where CITY has reasonable grounds to question SUBRECIPIENT's fiscal accountability, [mancial soundness, or compliance with this Agreement, CITY may suspend the operation of this Agreement for up to sixty (60) days upon five (5) days written notice to SUBRECIPIENT of its intention to so act, pending an audit or other resolution of such questions. In no event, however, shall any revisions made by CITY affect expenditures and legally binding commitments made by SUB RECIPIENT before it received notice of such revision, provided that such amounts have been committed in good faith and are otherwise allowable and that such commitments are consistent with HUD cash withdrawal guidelines. XIV. EXCLUSIVITY AND AMENDMENT OF AGREEMENT This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the use of CITY's CDBG funds by SUBRECIPIENT and contains all the covenants and agreements between the parties with respect to such employment in any manner whatsoever. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement or amendment hereto shall be effective unless executed in writing and signed by both CITY and SUBRECIPIENT. XV. LAWS GOVERNING THIS AGREEMENT This Agreement shall be governed by and construed in accordance with the laws of the State of California, and all applicable federal laws and regulations. XVI. VALIDITY The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. XVII. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall 14 5/05 indemnifY CITY fully, including reasonable costs and attorney's fees, for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits and Attachments referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. c. No delay or omission by either party hereto to exercise any right or power accruing upon any noncompliance or default by the other party with respect to any of the terms of this Agreement shall impair any such right or power or be construed to be a waiver thereof. A waiver by either of the parties hereto of any of the covenants, conditions, or agreements to be performed by the other shall not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or agreement herein contained. 15 5105 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the last date and year written below. PATRICIA E.HEAL Y Clerk of the Council CfITli'/f;:Z. DAVIDN.REAM City Manager /~!~~ &~~< APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney &-' f.~ y: ISA E. STORCK Assistant City Attorney SUBRECIPIENT: DATE: I?~ &R~ );-;~ , Name: Eileen McNerney ~ Title: Executive Director Tax ID: 95-1643383 16 City of Santa Ana Community Development Block Grant Scope of Work Name of Organization- Taller San Jose Name of Funded Program- Taller San Jose Annual Accomplishment Goal I. Total number ofunduplicated clients (Santa Ana and Non-Santa Ana Residents) anticipated to be served by the funded program, named above, during the l2-month contract period. 500 PERSONS II. Number of only unduplicated Santa Ana residents to be served by the funded program, named above, during the l2-month contract period. 300 PERSONS Program and Funding Description III. Description of Work - In the space below, describe the program to be funded during the l2-month contract period. Taller TECH is a IS-week, paid apprenticship programwhich focuses on the fundamentals of residential construction and job readiness. Annually there are six sessions of 15-20 students. 87% of graduates are employed within 30 days at an average wage of $12/hr. CareerTech aims to "bridge the digital divide" among TSJ's high risk youth through computer technology and professional development. Students' knowledge is validified through globally-recognizes certification in Microsoft Office and A+ Computer Repair. Business Skills classes are woven throughout the 16-22 week paid training programs. Students are matches with employment upon program graduation. Annually there are 2 sessions of 20-25 students for each class. 75% of graduates will fmd employment within 60 days at an average wage of $ 10/hr. Through the Certified Nurse Assistant (CNA) training program, TSJ trains students to help meet the need for healthcare workers in Orange County's healthcare community. The 18 week program prepares students to work in convalesent care faacilities and hospitals. Program completion creates eligibility for students to take examinations leading to state CNA certification. There are 2 sessions of 12-15 students annually. 98% ofCNA graduates will pass state board exams and find employment above $9/hr. TSJ's high school program is open to all sstudents seeking a high school diploma. Students receive academic counseling and mentoring to assist them in achieving their diploma. Approximately 70 students register for the high school program quarterly. IV. Activities funded by this grant - How will CDBG funds be used for the funded program? Narratively describe the budget for the funded program illustrated in Exhibit B and B-1. CDBG funds will be used to supplement the operating budget for Taller San Jose. Specifically, CDBG funds will be used for communitcations, utilities and off-site parking. The buildings used for Taller San Jose Programs are large and expensive to maintain and parking is insufficient at both building sites for the number of student participants coming for services. Funds granted from CDBG will provide the pro-rated expenses for telephone services and utilities necessary for the operation of the buildings used for Taller San Jose's programs. These funds will also be used for providing off-site parking. Exhibit A Page 10f2 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: Octoberl - December 31 Quarter 3: January 1 - March 31 Quarter 4: April 1 - June 30 150 Persons ~Persons 70 Persons ~Persons 300 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 $8,500 $8.500 $8.500 $8.500 $34.000Total Grant (Must equal the Total Program Budget indicated on Exhibit B.) Exhibit A Page 2 of2 . CITY OF SANA ANA Community Development Block Grant Outcome Tracking IMPORTANT: The City of Santa Ana is in the process of incorporating the new HUD Performance Outcome Tracking guidelines, therefore this section is subject to change in order to be compliant with HUD regulations. If the situation should occur that the current tracking system is not sufficient to meet HUD regulations an amendment to this contract will be needed. 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 HUD Objective to be fulrdled HUD Outcome to be fulfilled iUustrated by HUD Indicator Suitable Creating Specific Outcome Activity/Program Outcome Tracking Goal Living Decent Economic Availability/ Affordability Sustainabilit: Indicator # Environment Housing Opportunitie Accessibility (Please see page 4 of 4 for dcsc.) nti-CrimeServices Track the rcduction in lReduccresponse time to !response time and the eriouscrimcsintheCity's umherofcriminal lLow-andModerate-lncome D apprehended as a result. rea by at lcast 3 minutes jresulting in the apprehension 2 fl,500 criminals that may X X thcrwiseesc3pe. u.S-yeargoal to be chievedby FY 09/10 air HOllsing Services IProvidefairhou.ing.ervice 1. Providefairhou.ing ~dongoingllnalY;;isof ounseling,educlltionllnd mpedimentstofllirhollsing. nforcementscrvicesto D 7,000 San1H Ana households. X X 2 "U5-yeargoaltobe achieved by FY 09110 " Annually assess actions_tc 2 hminatcirnpedirnenlstoflli X X ousing. piornele.snes.Prevention Track assisted individuals 50%ofassi.tedindividuals Iwho retained their housing or ndhousehold. will retain ~:itiesforlltleast6rnonths heir housing or utilities for 14 D erasslstancewas t least 6 months llfier X X jprovided. ssistance is provided. IEmergencyShelter Track individuals who 50% of !received support services individualslhouscholdsthat 12 or that were linked to one or jare provided with emergency D !more additional support shelter will transition to X X serviceandlorapproprillte 'nterim housing (i.e., 13 ousing. jtransitionalhousing), ransitionlllHousing Track homeless individuals % of homeless individuals Iwhoparticiplltedin articipatingintransitional 2 ansitional housing prognun ou.ingprogram will be X X D ~atwereplacedin 11lCed in permanent housing. Ioormanenthousing. upponiveServices Track individuals who 50%ofindividuals/families lreceivedsupportservices lreceiving support services that were linked to one or ill be linked to one or more 2 D Imore additional support dditional support service X X serviceandlorapproprillte ndlorapproprilllehousing. ousing. Exhibit A-I Page 1 of4 . Fulrdlment illustrated by Trackinp HUD Ob. ective to be fulrdled HUn Outcomes to be fulfIlled HUD Indicator Suitable Creating Specific Outcome Activity/Program Outcome Tracking Goal Living Decent Economic Availability! Affordability Sustainabilit; Indicator # Environment Housing bpportunitie Accessibility (Please see page 4 of 4 for dcsc.) Senior Services 1. Track assistcd senior I. 80% of assisted senior itizensthatrcmained itizens will remain D independem for at least I ndependent for at least I X X 2 earaftcrscrviceswere earaftcrscrvicesare iProvided. rovided. 2. Track seniors roceiving . 90"/0 of seniors receiving ferrals that wcrc linked to eferrals will be linked 10 the D the services sougbt. services sought X X 2 Jwncr-Occupied wnber ofowncrs assisted hysical safety and comfort ousingRehabilitation to rehabilitate their primary ill bc improved for Low sidence for the following nd Moderntc incomc income categories: ouseholds by improving D -Extremely Low Income omes 10 a level that meets 9 -Very Low Income If exceeds HUDhousing X X -Moderate Income ualitystandards. Spccial Nceds Categories Large Families rail Elderly Services rack frail elderly ;lO%offraile,lderly individuals that were linked 'ndividuals W1U be linked to 2 D the scrviccssoughl. hcscrvicessoughl. X X isabledServices rack disables persons upport independent living hose indepcndent living or 90% of disabled persons 2 D as supported by City funds, ssisted by City funds. X X ervicesforMentallyIll Track individuals assisted 100% of individuals assisted ith City resources that were ith City resources will be D rovided an entry point into rovided an entry point into 2 the regional mcntal health the regional mental health X X care system and linked to at are system and linked to at least one additional mental least one additional mental ealthsupportiveservice. ealth supportive service. ServicesrorSubstance Track how many individuals nvide entry into the ddicted ith substlnce addiction in gionalrecoverysystemfor erc provided an entry inlo S individuals vrith crcgional recoverysystcm ubstance addiction and link D and linkcd to additional cm to additional services. 2 services. X X ....S.year goal to bc chieved by FY 09/10 outhScrvices I. Track improvement in L Foreducation-bascd jpro-test,post-testscorcs. jprograms,improvepre.test 2 D jPost-test scoresby SO% X X 2. Tracknumbcrof 2. Providc opportunities for D individuals exposed to the xposure to the fine arts. X X 2 fine arts. D 3. Trackehildren/youth .90%ofchildrenlyouth seeking referrals that were eekingreferralswillbc X X 2 linked to the scrvices sougltt. linked to the services sought ILOw-andModerate- rack program participants rm:-'o of program participants ImcomeServices fthatwere linked to services iIlbclinkedtoservices 2 sought. sought. X X ~ 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. All program participants are tracked through a data base that records program completion, certifications, graduations and employment. Program attendance is tracked through a time-clock computer program. 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 Taller San Jose Program Name Taller San Jose Expenditures Expenses Funded by Expenses Funded Total Program Total Organizational Cate 0 Santa Ana COBG b Other Sources Bud et Bud et Administrative Staff Salaries & Benefits $ 240,828 $ 240,828 $ 240,828 Program Staff Salaries & Benefits 780,622 $ 780,622 780,622 Contractual/Professional Services: List below 1 $ 143,230 $ 143.230 $ 143,230 2 $ 3 $ Office Su lies 50,618 $ 50,618 $ 50,618 Rent 32,300 $ 32,300 $ 32,300 Communications $ 9,000 6.500 $ 15,500 $ 15,500 Utilities $ 16,500 15,500 $ 32,000 $ 32.000 Insurance 36,708 $ 36,708 $ 36,708 Other:List below 1 Off~ Site Parking $ 8,500 $ 5,900 $ 14,400 $ 14,400 2 Program Expenses $ 466,718 $ 466,718 $ 466,718 3 Other $ 300,785 $ 300,785 $ 300,785 4 $ 5 $ Total $ 34.000 $ 2,079,709 $ 2.113,709 $ 2,113,709 LIST ALL OTHER PROGRAM FUNDS THAT HAVE BEEN SECURED FOR 06-07 (Total Funds for Program must equal Total Program Budget above) Sou rce Amount Santa Ana CDBG $ 34,000 Government rants $ 295,000 Foundation Grants & Srs of St Jose h $ 601.000 Fundraisin Events $ 500,000 Donor Contributions $ 536,610 Other $ 147,099 Total Funds for Pro ram Exhibit B Page 1 of 1 $ 2,113,709 . 2006-2007 Funded Personnel Name of Organization: Name of Program Taller San Jose Taller San Jose ADMINISTRA TIVE STAFF Position Title Annual Annual Total CDBG Funds % of time Of this time % of Tot a! Salary Benefits Compensation Requested for spent on percent of Compensation this position funded time serving Eligible nrouram Santa Ana $ - 0% $ - 0% $ - 0% $ - 0% $ - 0% $ - 0% $ - 0% $ - 0% $ - 0% Total Amount Reauested $ - Must equal amount indicated on Exhbit B PROGRAM STAFF Position Title Annual Annual Total CDBG Funds % of time Of this time % of Total Salary Benefits Compensation Requested for spent on percent of Compensation this position funded time serving Eligible nroo-ram Santa Ana $ - 0% $ - 0% $ - 0% $ - 0% $ - 0% $ - 0% $ - 0% $ - 0% $ - 0% Total Amount Reauested $ - Must equal amOWlt indicated on Exhbit B CONTRACTUALIPROFESSIONAL SERVICES Position Title Annual Annual Total CDBG 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 nTQQ:ram Santa Ana $ - 0% $ - 0% $ - 0% $ - 0% $ - 0% $ - 0% $ - 0% $ - 0% $ - 0% Total Amount Reouested $ - 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 I of I . . Certification Regarding Lobbying Certification for Contracts. Grants. Loans. and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contact, grant, loan or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee ofa Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontract, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certifY and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Taller San Jose Grantee/Contactor Organization Taller San Jose Program Title Sister Eileen McNerney, CSJ Name of CertifYing Officer - /-1 \&~ ~L.t-&Ie-" 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. SUB RECIPIENT 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 .' ACORD", CERTIFICATE OF LIABILITY INSURANCE Page 1 of 2 I DATE 07/11/2006 PRODUCER 877-945-7378 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Willis North America, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 26 Century Blvd. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P. O. Box 305191 Nashville, TN 372305191 INSURERS AFFORDING COVERAGE NAIC# INSURED Taller San Jose INSURER A: American Unitv Groun Ltd C0929-001 801 N. Broadway INSURER B: . Santa Ana, CA 92704 INSURER C: INSURER 0; , INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ~RD' TYPE OF INSURANCE POUCY NUMBER "8,Hi~Wn'ig]JW P8.k!fl.~.rJ..~,ro?N LIMITS LTR NSR A X ~NERAL UABILlTY ONI-CGL-06-01-022 6/30/2006 6/30/2007 EACH OCCURRENCE $ 2 000 000 X COMMERCIAL GENERAL LIABILITY ~~~~~~OE~~~C8\ $ I CLAIMS MADE [i] OCCUR MED EXP (AnYone person) $ f- PERSONAL & ADV INJURY $ 2 oon 000 f- GENERAL AGGREGATE $ 2 000.000 n'lAGG:nE ~~~ APnSIPER: PRODUCTS - COMP/OP AGG $ POLICY JECT LOC ~TDMOBILE LIABILITY COMBINED SINGLE LIMIT $ I- ANY AUTO (Eaaccident) I- ALL OWNED AUTOS BODilY INJURY $ I- SCHEDULED AUTOS (Pefperson) I- HIRED AUTOS BODILY INJURY $ ~ NON-OWNED AUTOS (Per accident) - PROPERTY DAMAGE $ (Peraccidenl) ~~GE UABILITY AUTO ONLY. EAACCIDENT $ ANY AUTO OTHER THAN EAACC $ AUTO ONLY: AGG $ EXCESS UABILITV EACH OCCURRENCE $ ~:::rOCCUR 0 CLAIMS MADE AGGREGATE $ $ ==I ~EDUCT1BLE $ RETENTION $ $ WORKERS COMPENSATION AND I T~~~IfJNs I IOl~- EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $ ~~c:le~~~~~~NS b9IoW E.L. DISEASE - POLICY LIMIT $ OTHER DESCRIPTION OF OPERATlONSJLOCATlONSNEHICLESlEXCLU~ONSADDED BY ENOORSEMENTISPECIAL PROVISJONS It is agreed that City of Santa Ana and Santa Ana Empowerment Corp. is included as an Additional Insured as respects to General Liability. < p, , u . /'i~) t"t,j I ,\ .1', , '-, CERTIFICATE HOLDER '-F P'/ /. CANCELLATION .-.;'"2/ ~~~(T/LL~- SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE EXPIRATJON - DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRmEN " ,. ".' NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO 00 SO SHALL r, , IMPOSE NO OBLtGATlON OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Ci ty of Santa Ana and Santa Ana Empowerment Corp. REPRESENTATIVES. 20 Civic Center Plaza, M-21, PO Box 1988 A(1QZEJM)ESENTATlVE Santa Ana, CA 92702 ACORD 25 2001/08 1. -l' e Co1 .1684855 Tpl.520840 Cert.7520116 @ACORDCORPORATION 1988 C .11- Page 2 of 2 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the Issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. D .'.l...- \'LU hS i ..~..~~~ .1: '\....;,'t I',: ACORD 25 (2001/08) Coll:1684855 Tpl:520840 Cert:7520116 ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company: American Unitv GrouP. Ltd. This endorsement modifies such insurance as is afforded by the provisions of Policy # UNI -CGL-06-0 1-022 (1-14601-00-06) relating to the following: 1. The Santa Ana Empowerment Corporation and the City of Santa Ana, 20 Civic Center Plaza, PO Box 1988, Santa Ana, California 92702; its officers employees, agents, volunteers and representatives are named as additional insureds ("additional insureds") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits 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. With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the Santa Ana Empowerment Corporation, Inc., 20 Civic Center Plaza (M- 21), PO Box 1988, Santa Ana, California 92702. (Completion of the following, including countersignature, IS required to make this endorsement effective.) Endorsement # A3 Effective 06/30106 to 06/30/07, this endorsement form as a part of Policy # UNI -CGL-06-0 1-022 (1-14601-00-06). ;.:,_.; /\.S co E~()L': 1\,j Issued to St. Joseph Health Svstem Named Insured Countersigned by ~,!1, ~--- -, ',:,: ,(;)' , ,., ,-,.., --". 'I. e,; '" - Authorized Representative ACORD~ PRODUCER 877 -945-7378 DATE 07/11/2006 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. CERTIFICATE OF LIABILITY INSURANCE Page 1 of 2 willis North America, roc. 26 Century Blvd. P. O. Box 305191 Nashville, TN 372305191 INSURERS AFFORDING COVERAGE NAIC# INSURED Taller San Jose 801 N. Broadway Santa Ana, CA 92704 INSURER A: Hartford Insurance Com an of the Midwest 37478-001 INSURER B: INSURER C; INSURER 0: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO All THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR DD' TYPE OF INSURANCE POUCY NUMBER P8..Hi~i~8~E P8k'Fllrr.Cb~ZlQN LTR NSR LIMITS ~NERAL LIABIUTY EACH OCCURRENCE . COMMERCIAL GENERAL LIABILITY ~~~~~~OE~~~l . j CLAIMS MADE 0 OCCUR MED EXP (Any ooe person) . PERSONAl & ADV INJURY . GENERAL AGGREGATE . -q~rILAGG~nE ~~~ APnS PER: PRODUCTS - COMPIOP AGG . POLICY JECT LOC ~OMOBILE LIABILITY COMBINED SINGLE LIMIT . - ANY AUTO (Eaacciclent) - ALL OWNED AUTOS BODILY INJURY . SCHEDULED AUTOS (Per person) - - HIRED AUTOS BODILY INJURY . NON-OWNED AUTOS (Peraccidenl) - PROPERTY DAMAGE . (Peraccidenl) ~~GE UABILlTY AUTOONL Y - EAACCIDENT . ANY AUTO OTHER THAN EA ACC . AUTO ONLY: AGG . EXCESS LIABILITY EACH OCCURRENCE . ~::rOCCUR D CLAIMS MADE AGGREGATE . . ~ ~EDUCTlBLE . RETENTION . . A WORKERS COMPENSATION AND 72WNC93300 5/31/2006 5/31/2007 X ) T~~il~JHs I IDJIt EMPLOYERS' LIABILITY AtfY PROPRIETOR/PARTNERlEXECUTIVE E.L. EACH ACCIDENT . 1 000 000 OfFICER/MEMBER EXCLUDED? EL. DISEASE - EA EMPLOYEE . 1 000 000 ~~~Cr:L~~~~~NS below E.L. DISEASE - POLICY LIMIT . ' nnn 000 OTHER ";':1'U I. ~, I.., 1'u l,n i;'i'A <,~ , ""- DESCRIPTION OF OPERATIONSILOCATlONSNEHICLESlEXCLUSIONS ADDED BY ENDORSEMENTfSPECIAL PROVISIONS ~ '"-'. ~-,,- .... ------,-:'.:~-'--:-_._._,.,_.- " f: CERTIFICATE HOLDER CANCELLATION Ci ty of Santa Ana and Santa Ana Empowerment Corp. 20 Civic Center Plaza, M-21, PO Box 1988 Santa Ana, CA 92702 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRAnON DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRmEN NonCE TO THE CERnACATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGAnON OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATlVES. AUTHORiZED REPRES ACORD 25 (2001/08) Coll:1684859 Tp1:504710 @ ACORD CORPORATION 1988 (J, G, Page 2 of 2 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED. subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) Coll:1684859 Tpl:504710 Cert:7520120