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HomeMy WebLinkAboutNATIONAL COUNCIL ALCOHOLISM 3 INSURANCE UN FILf WORK MAY PROCEED . UNTiL INSURMICf LmRES 1- '7 -0'7_ [,LI'RK OF COUNCil DATE: AUG 092006 AGREEMENTBETWEENTHEClTYOFSANTAANAAND NATIONAL COUNCIL ON ALCOHOLISM-ORANGE COUNTY FOR USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS A-2006-092-026 5/05 0'. C,D4(;.).) (I... Flores) This Agreement, is hereby made and entered into this 1st day of July, 2006, by and between the City of Santa Ana, a charter city and municipal corporation of the State of California ("CITY") and National Council on Alcoholism-Orange County, a California nonprofit corporation ("SUBRECIPIENT"). WIINJ;;S.S.JHH Recitals: A. The CITY, as an entitlement recipient and grantee of the United States Department of Housing and Urban Development ("HUD") Community Development Block Grant ("CDBG") Program, desires to enter this Agreement with the SUBRECIPIENT for the expenditure of CDBG funds in accordance with Title 24, Part 570 of Code of Federal Regulations 24 CFR 570.000, et seq. ("CDBG REGS"); and B. CITY has applied for and received CDBG funds from HUD pursuant to Title I of the Housing and Community Development Act of 1974, Public Law 93-383, as amended ("ACT"); and C. The SUB RECIPIENT is a private nonprofit agency that has been selected by the CITY to receive CDBG funds and administer such financial assistance; and to provide the services described in Exhibit A, in accordance with the schedule of performance included therein, hereinafter referred to as "said program". SUBRECIPIENT represents that it is qualified and willing to operate said program and certifies that the activities carried out with funds provided under this Agreement will meet one or more of the CDBG program's National Objectives (24 CFR Part 570.208). D. SUBRECIPIENT agrees that it will adhere to the performance measurements and outcomes as indicated on Exhibit B-1 (Outcome Tracking). Failure to follow the measurements and meet the stated outcomes may constitute breach of contract that could result in termination of this Agreement or serve as reason for the City to recapture the grant funds awarded to SUBRECIPIENT pursuant to this Agreement. E. The CITY and SUB RECIPIENT 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 SUBRECIPIENT: 1 5/05 I. SUBRECIPIENT'S OBLIGATIONS A. Non-Profit Status - Representations and Warranties. (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 SUB RECIPIENT has been fully authorized by all requisite actions on the part of SUB RECIPIENT. (b) Experience. SUBRECIPIENT is a qualified provider of the services to be provided hereunder. (c) Familiarity With Services Required. By executing this Agreement, SUBRECIPIENT warrants that (i) it has thoroughly investigated and considered the services to be performed and provided hereunder, (ii) it has carefully considered how the services should be performed, and (iii) it fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. (d) No Conffict. To the best of SUB RECIPIENT'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 SUB RECIPIENT is a party or by which it is bound. (e) No Bankruptcy. SUB RECIPIENT is not the subject of any current or threatened bankruptcy proceeding. (I) No Pending Legal Proceedings. SUBRECIPIENT is not the subject of a current or threatened litigation that would or may materially affect SUBRECIPIENT'S performance under this Agreement. (g) Application Veracity. All provisions of and information provided in SUBRECIPIENT'S application for funding submitted to CITY including any exhibits are true and correct in all material respects. (h) No Pending Investigation. SUB RECIPIENT 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 SUBRECIPIENT is $ 20,000("CDBG FUNDS"), and such funds shall be expended by SUB RECIPIENT on or before June 30, 2007. The CDBG FUNDS shall be disbursed by CITY to SUBRECIPIENT on a quarterly basis (October, January, April and July) subject to and upon 2 5/05 receipt and approval of a complete quarterly activity report from SUB RECIPIENT, with the final payment subject to the satisfaction of the condition precedent of submittal of complete reporting information due on or before July 15 ofthe applicable funding year, as hereinafter more fully set forth. SUBRECIPIENT shall be obligated to perform such duties as would normally extend beyond the term, including but not limited to obligations with respect to indemnification, audits, reporting, data retention/reporting, and accounting. C. Use of Funds. SUBRECIPIENT agrees to use all federal funds provided by CITY to SUBRECIPIENT pursuant to this Agreement to operate said program, as set forth in "Exhibit A," attached hereto and by this reference incorporated herein. 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 SUBRECIPIENT hereunder. D. Allowable Costs. SUBRECIPIENT agrees to complete said program on or before June 30, 2007 and to use said funds to pay for necessary and reasonable costs allowable under the federal law and regulations to operate said program. Said amounts shall include, but not be limited to, wages, administrative costs, and employee benefits comparable to other similarly situated employees. Other allowable program costs are detailed in the Budget, as set forth in "Exhibit B," attached hereto and by this reference incorporated herein. SUB RECIPIENT 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. SUBRECIPIENT agrees that any facility/property used in furtherance of said program shall be specifically zoned and permitted for such use(s) and activity(ies). Should SUBRECIPIENT fail to have the required land entitlement and/or permits, thus violating any local, state or federal rules and regulations relating thereto, SUBRECIPIENT shall immediately make good-faith efforts to gain compliance with local, state or federal rules and regulations following written notification of said violation(s) from the CITY or other authorized citing agency. SUBRECIPIENT shall notify CITY immediately of any pending violations. Failure to notify CITY of pending violations, or to remedy such known violation(s) shall result in termination of grant funding hereunder. SUBRECIPIENT must make all corrections required to bring the facility/property into compliance with the law within sixty (60) days of notification of the violation(s); failure to gain compliance within such time shall result in termination of grant funding hereunder. G. Separation of Accounts. All funds received by SUBRECIPIENT from CITY pursuant to this Agreement shall be maintained in an account in a federally insured banking or savings and loan institution with record keeping of such accounts maintained pursuant to applicable OMB Circular A-110 requirements. SUBRECIPIENT is not required to maintain separate 3 5/05 depository accounts for CDBG FUNDS; provided however, the SUBRECIPIENT must be able to account for receipt, obligation and expenditure of CDBG FUNDS pursuant to applicable OMB Circular A-II 0 requirements. 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. SUB RECIPIENT 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. 1. Record Keeping/Reporting. 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 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) ofthe income level of persons and/or families participating in or benefiting by the SUB RECIPIENT program. b. Documentation of the number of persons and/or families participating in or benefiting by the SUB RECIPIENT program. c. Household information shall include number of persons, identification of head of household, race/ethnicity, and income verification. d. Documentation of all CDBG FUNDS received from CITY. e. Documentation of expenses as identified in the Budget Proposal, including evidence of incurring the expense, invoices for goods or services, copies of any and all contracts or documentation pertaining to costs for subcontractors, plus all other invoices for which CDBG FUNDS were expended, and any payments therefor. f. Any such other related records as CITY shall reasonably require or as required to be maintained pursuant to the CDBG REGS. (2) Reports (i) Payment Request. Concurrently with the submittal of each quarterly report, on or before the 15th day of October, January, April and July, SUBRECIPIENT shall submit both: an original invoice and true copies of invoices, receipts, agreements, copies of any and all contracts or documentation pertaining to costs for subcontractors or other documentation supporting and 4 5/05 evidencing how the CDBG FUNDS have been expended during the app licab Ie quarter. (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 offemale heads of households assisted, new program information and year-to- date program statistics on expenditures, caseload and activities. J. Access to Records. CITY and the United State Government and/or their representatives shall have access for purposes of monitoring, auditing, and examining SUBRECIPlENT's activities and performance, to books, documents and papers, and the right to examine records of SUBRECIPIENT's subcontractors, bookkeepers and accountants, employees and participants in regard to said program. CITY and the United States Government and/or their representatives shall also schedule on-site monitoring at their discretion. Monitoring activities may also include, but are not limited to, questioning employees and participants in said program and entering any premises or any site in which any of the services or activities funded hereunder is conducted or in which any of the records of SUBRECIPIENT are kept. Nothing herein shall be construed to require access to any privileged or confidential information as set forth in federal or state law. K. Location of Records/Required Length of Record Keeping. All accounting records, reports, and evidence pertaining to all costs, expenses and the CDBG FUNDS of SUB RECIPIENT and all documents related to this Agreement shall be maintained and kept available at SUBRECIPIENT'S office or place of business for the duration of the Agreement and thereafter for five (5) years after completion of an audit in conformity with the CDBG REGS's. Records which relate to (a) complaints, claims, administrative proceedings or litigation arising out of the performance of this Agreement, or (b) costs and expenses of this Agreement to which CITY or any other govemmentaI 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, 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 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. SUB RECIPIENT 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. 5 5/05 M. Standing. SUB RECIPIENT 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. Confidentialitv. Without prejudice to any other provisions of this Agreement, SUBRECIPIENT shall, where applicable, maintain the confidential nature of information provided to it concerning participants in accordance with the requirements of federal and state law. However, SUB RECIPIENT shall submit to CITY and or HUD or its representatives, all records requested, including audit, examinations, monitoring and verifications of reports submitted by SUBRECIPIENT, costs incurred and services rendered hereunder. O. Independent Contractor. SUBRECIPIENT agrees that the performance of obligations hereunder is rendered in its capacity as an independent contractor and that it is in no way an agency of CITY. P. Violation of Terms and Conditions. SUBRECIPIENT agrees that if SUB RECIPIENT violates any of the terms and conditions of this Agreement or any prior Agreement whereby CDBG funds were received by SUBRECIPIENT, or if SUBRECIPIENT reports inaccurately, or if on audit there is a disallowance of certain expenditures, SUBRECIPIENT agrees to remedy the acts or omissions causing the disallowance and repay CITY all amounts spent in violation thereof. If SUBRECIPIENT engaged in fraudulent activity to obtain and/or justify expenditure of the CDBG funds granted hereunder, SUBRECIPIENT shall be required to reimburse the CITY of all such funds that were obtained/spent under fraudulent circumstances. Q. Equipment. SUBRECIPIENT agrees to maintain a record for each item of non- expendable personal property acquired under the terms of this Agreement. Said record shall be made available to CITY upon request. The term "non-expendable personal property" shall include leased and purchased equipment. R. Prohibited Use. SUBRECIPIENT hereby certifies and agrees that it will not use funds provided through this Agreement to pay for entertainment, meals or gifts. S. Lobbving. SUB RECIPIENT 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. SUB RECIPIENT 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 SUB RECIPIENT under the terms and conditions of this Agreement. 6 5/05 If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit a "Disclosure Form to Report Lobbying," in accordance with its instructions (see C-I). T. Financial Interest. SUBRECIPIENT agrees that except for the use of CDBG funds to pay salaries and other related administrative or personnel costs, no persons who exercise or have exercised any function with respect to CDBG activities assisted under the terms of this Agreement, or who are in a position to participate in a decision-making process or gain inside information with regard to such activities, may obtain a financial interest or benefit from a CDBG-assisted activity of SUBRECIPIENT, either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter. This prohibition applies to any person who is an employee, agent, consultant, officer, or elected or appointed official of CITY, or of any designated public agencies, or the SUBRECIPIENT. U. Davis-Bacon Act. All laborers and mechanics employed by contractors or subcontractors in the performance of construction work, including alterations and repairs, in excess of $2,000.00, financed in whole or in part with federal funds shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined in accordance with the Davis-Bacon Act, as amended, 40 U.S.C. sections 276a - 276a-5. Any such construction contract shall include and comply with the required contract provisions and rules set forth in 29 C.F.R. g5.5. 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. g5.5(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. g5.5. A breach of the contract clauses in 29 C.F.R. g5.5 may be grounds for termination of the contract, and for debarment as a contractor/subcontractor, as provided in 29 C.F.R. g5.12. Labor standards interviews/investigations shall be made as necessary to assure compliance [29 C.F.R. g5.6(a)(3)]. V. Drug Free Workplace. SUBRECIPIENT certifies that it has established the following drug-free workplace policy: 1. The unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the workplace for any employee involved in a federally funded program. 2. As an employee working in conjunction with a federally funded program, the employees of SUBRECIPIENT will be required to: a) Abide by the terms above in statement 1. 7 5/05 b) Notify appropriate officials of SUB RECIPIENT and CITY officials of any criminal drug statute conviction for a violation occurring in the workplace not later than five days after such conviction. 3. The 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. Pavrnent of Funds. Upon execution of this Agreement by SUBRECIPIENT, CITY shall pay to SUBRECIPIENT from CDBG funds, when, if and to the extent received from HUD, for CITY's 2006-07 CDBG program year amounts expended by SUBRECIPIENT in carrying out said program for fiscal year 2006-07 pursuant to this Agreement up to a maximum aggregate payment of Twenty Thousand Dollars ($ 20,000) in installments determined by CITY. Payments shall be made to SUBRECIPIENT through the submission of invoices on a quarterly basis (October, January, April and July) in a form prescribed by CITY, detailing such expenses. CITY shall pay such invoices within thirty (30) days after receipt thereof provided CITY is satisfied that such expenses have been incurred and documented within the scope and provisions of this Agreement and that SUBRECIPIENT is in compliance with the terms and conditions of this Agreement. B. Audit of Account. CITY shall include an audit of the account maintained by SUBRECIPIENT in CITY's annual audit of all CDBG FUNDS in accordance with Title 24 of the Code of Federal Regulations and other applicable federal laws and regulations. C. Common Rule: Pursuant to CFR 85.40(a), the CITY manages the day-to-day operations of each grant and sub grant supported activities. CITY staffhas detailed knowledge of the grant program requirements and monitors grant and subgrant supported activities to assure compliance with Federal requirements. Such monitoring covers each program, function and activity and performance goals are reviewed periodically. D. Environmental Review: In accordance with 24 CFR 58, the CITY is responsible for undertaking environmental review and maintaining environmental review records for each applicable project. E. Performance Monitoring: CITY shall monitor the performance of the SUB RECIPIENT against goals and performance standards required herein. Substandard performance as determined by the CITY will constitute non-compliance with this Agreement. If action to correct such substandard performance is not taken by the SUBRECIPIENT within a 8 5/05 reasonable period of time after being notified by the CITY, contract suspension or termination procedures will be initiated. III. NONDISCRIMINATION SUB RECIPIENT 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-IIO, SUBRECIPIENT agrees that no officer, employee, agent or assignee of CITY having direct or indirect control of any CDBG monies granted to the CITY, inclusive of the subject CDBG FUNDS, shall serve as an officer of SUBRECIPIENT. Further, any conflict or potential conflict of interest of any officer of SUB RECIPIENT shall be fully disclosed in writing prior to the execution of this Agreement and said writing shall be attached and deemed fully incorporated as a part hereof. Notice shall be sent by SUBRECIPIENT to CITY regarding any changes or modifications to its board of directors and list of officers. V. SPECIAL CERTIFICATION FOR RELIGIOUS ENTITIES If SUBRECIPIENT is a religious entity, SUBRECIPIENT hereby agrees that in connection with the provision of the services SUBRECIPIENT shall provide with CDBG funds, in accordance with 24 CFR 570.200(j): A. SUBRECIPIENT shall not discriminate against any employee or applicant for employment on the basis of religion and shall not limit employment or give preference in employment to persons on the basis of religion. B. SUB RECIPIENT shall not discriminate against any person applying for the services SUBRECIPIENT agrees to provide under the terms of this Agreement on the basis of religion and shall not limit such services or give preference to applicants for such services on the basis of religion. C. SUBRECIPIENT shall NOT provide religious instruction or counseling, conduct any religious worship or services, or engage in any religious proselytizing, or exert any religious influence in the provision of the services in said program. The parties agree that this covenant is intended to and shall be construed for the limited purpose of assuring compliance with respect to the use of CITY funds by SUB RECIPIENT with applicable constitutional limitations respecting the establishment of religion as set forth in the establishment clause under the First Amendment of the United States Constitution and Article I, Section 4 of the California Constitution, and is not in any manner intended to restrict other activities of SUB RECIPIENT. 9 5105 D. Where the services to be provided under said program are rendered on property owned by the primarily religious entity SUBRECIPIENT, CDBG funds may also be used for minor repairs to such property which are directly related to the cost of rendering the services under said program, where the cost constitutes in dollar terms only an incidental portion of the CDBG expenditure for rendering the services under said program. VI. PROIDBITION 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 SUBRECIPIENT. For the purposes of this section, the term "immediate family" means spouse, child, mother, father, brother, sister, brother-in-law, sister-in-law, father-in- law, mother-in-law, son-in-law, daughter-in-law, aunt, uncle, niece, nephew, stepparent and stepchild. The term "administrative capacity" means having selection, hiring, supervisor or management responsibilities. VII. NOTICES Notices to the parties shall, unless otherwise requested in writing, be sent by u.s. Mail, postage prepaid, and addressed as follows: TO CITY: City of Santa Ana Community Development Agency (M-25) 20 Civic Center Plaza P.O. Box 1988 Santa Ana, California 92702-1988 TO SUBRECIPIENT: Kathleen Burnham Director National Council on Alcoholism-Orange County 1211 Starlit Drive Laguna, CA 92651 VIII. ASSIGNABILITY None of the duties of, or work to be performed by, SUBRECIPIENT under this Agreement shall be subcontracted or assigned to any agency, consultant, or person without the prior written consent of CITY. SUBRECIPIENT must submit all subcontracts and other agreements that relate to this Agreement to CITY. No subcontract or assignment shall terminate or alter the legal obligations of SUB RECIPIENT pursuant to this Agreement. 10 5/05 IX. HOLD HARMLESS SUB RECIPIENT shall indemnity, 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, indemnity and save harmless CITY, its officers, employees, agents, representatives and volunteers from and against any and all claims, demands, suits, actions or proceedings of any kind or nature, including, but not by way of limitation, workers compensation claims and including attorney fees and reasonable expenses for litigation or settlement, resulting from or arising out of the negligent or wrongful acts, errors or omissions of SUBRECIPIENT, its officers, directors, employees, agents, subcontractors and suppliers arising out of SUBRECIPIENT's performance of this Agreement. X. INSURANCE A. In accordance with the provisions of Section 3300 ofthe Labor Code, if SUBRECIPIENT has any employees it is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing performance of this Agreement, SUBRECIPIENT agrees to obtain and maintain employer's liability insurance with limits not less than $1,000,000 per accident. If SUBRECIPIENT has no employees, nor workers' compensation coverage, it must execute a Declaration available from the CITY, and update as is necessary. B. SUBRECIPIENT shall undertake self-insurance, or shall obtain, at its sole cost, a policy or policies of commercial general liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall: (1) name the City of Santa Ana, its officers, agents, representatives, employees and volunteers as additional 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 SUBRECIPIENT's operations hereunder. SUBRECIPIENT shall: (a) prior to exercising any right under this Agreement, furnish properly executed certificates of insurance and additional insured endorsement to the CITY which shall clearly evidence all coverages required above; (b) provide that such insurance shall not be materially changed or terminated except on 30 days prior written notice to the CITY; (c) maintain such insurance for the period covered by this Agreement; and (d) replace such certificates for policies expiring prior to the expiration of this Agreement. XI. REVERSION OF ASSETS 11 5105 A. Upon the expiration of this Agreement, SUB RECIPIENT 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).] B. Any real property under SUB RECIPIENT's control that was acquired or improved in whole or in part with CDBG funds in excess of $25,000.00 must either be: 1. Used, where CITY has given written approval, to meet one of the national objectives stated in 24 CFR 570.208 until five (5) years after expiration of this Agreement, or for such longer period of time as determined to be appropriate by CITY; or 2. If not used in accordance with subparagraph A above, SUBRECIPIENT shall pay to CITY an amount equal to the current fair market value of the property less any portion of the value attributable to the expenditure ofnon-CDBG funds for acquisition of, or improvement to, the property. Such payment is program income to CITY. C. Subject to the obligations set forth herein, title to equipment acquired under the terms of this Agreement will vest upon acquisition in SUBRECIPIENT. When said equipment which has been acquired in accordance with this Agreement and all applicable regulations is no longer needed for said program, disposition of said equipment will be made as follows: 1. Items of equipment with a current per unit fair market value of less than $5,000.00 may be retained, sold or otherwise disposed of with no further obligation to CITY. 2. Items of equipment with a current fair market per unit value of $5,000.00 or more may be retained or sold and CITY shall have the right to an amount calculated by multiplying the current market value or proceeds from the sale by CITY's share of federal funds used to acquire the equipment, in accordance with 24 CFR 8532(e)(2). D. SUBRECIPIENT hereby agrees, upon the demand of CITY, to execute, acknowledge and deliver, or cause any person or entity who may have any claim to rights hereunder or under any document, instrument or agreement executed in furtherance of the services and activities to be performed hereunder, to execute, acknowledge and deliver, to CITY assignment(s), quit claim deed(s) or such other and further instruments, documents and agreements as may be necessary, in the sole and absolute discretion of CITY, to vest in CITY all of SUBRECIPIENT's right, title and interest (if any it may have) in and to CITY, CDBG or other federal, state and/or local accounts or program funds or allocation of funds to which CITY is or may be entitled, either for its own account or as fiduciary or trustee for others, which were obtained for the purpose of the performance of this Agreement or any previous agreements relating to the same subject matter or activities as this Agreement, together with any instruments, loans, grants or advances by SUBRECIPIENT on behalf of CITY, in furtherance of the activities hereunder or thereof. SUBRECIPIENT's obligations and responsibilities set forth in this paragraph "XI. REVERSION OF ASSETS," and in paragraph "XII. TERMINATION" and other requirements pertaining to program income shall not be affected by the termination of this Agreement and shall 12 5/05 . 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. XII. TERMINATION A. This Agreement may be terminated on thirty (30) days' written notice by either party. In the event of such termination, SUBRECIPlENT 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 SUBRECIPlENT of Federal Laws governing the use of Community Development Block Grant Funds. In the event of such suspension or termination, SUBRECIPlENT 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 SUBRECIPlENT 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 SUBRECIPlENT, 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 SUBRECIPlENT 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 XII.A. through XII.E., inclusive, SUBRECIPlENT agrees to immediately return to CITY upon CITY's demand and prior to any adjudication of SUBRECIPlENT's rights, any and all funds not used, and to comply with paragraph "XI. REVERSION OF ASSETS" of this Agreement. XIII. LIMITATION OF FUNDS 13 5/05 The United States of America, through BUD, 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 BUD 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 SUB RECIPIENT's authority to commit and spend funds, or may restrict SUB RECIPIENT's use of both its uncommitted and its unspent funds. Where BUD has directed or requested CITY to implement a reduction in funding, in whole or as to a cost category, with respect to funding for this Agreement, CITY's City Manager or delegate is authorized to act for CITY in implementing and effecting such a reduction and in revising, modifYing, or amending the Agreement for such purposes. If such a reduction in funding occurs, SUBRECIPIENT shall be permitted to de-scope accordingly. Where CITY has reasonable grounds to question SUBRECIPIENT's fiscal accountability, financial soundness, or compliance with this Agreement, CITY may suspend the operation of this Agreement for up to sixty (60) days upon five (5) days written notice to 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 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 BUD 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 14 5/05 . 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 indemnity 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 signato!}' or is withdrawn. b. All Exhibits and Attachments referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. c. No delay or omission by either party hereto to exercise any right or power accruing upon any noncompliance or default by the other party with respect to any of the terms of this Agreement shall impair any such right or power or be construed to be a waiver thereof. A waiver by either of the parties hereto of any of the covenants, conditions, or agreements to be performed by the other shall not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or agreement herein contained. 15 5/05 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the last date and year written below. ATTEST: PATRlCIAE.HEALY Clerk of the Council m~A ~~ DAVID N. REAM City Manager L2---- APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney ~'o- f. 4Z?n-~ By: LISA E. STORCK Assistant City Attorney SUBRECIPIENT: DATE: .~. Name: Ph lip Falcetti Title: Chief Executive Officer Tax ID: 95-1970946 16 City of Santa Ana Community Development Block Grant Scope of Work Name of Organization- National Council on Alcoholism and Drug Dependence - Orange County Name of Funded Program- Drug Court Foundation of Orange County 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 12-month contract period. 700 PERSONS II. Number of only unduplicated Santa Ana residents to be served by the funded program, named above, during the 12-month contract period. 140 PERSONS Program and Funding Description III. Description of Work - In the space below, describe the program to be funded during the 12-month contract period. Description - provide services to participants in the Drug Court Program and, at the request of the Superior Court, participants in similar programs such as the Dependency Court, Co-occuring Court, Homeless Court and DUl Court: 1. Provide emergency dental & medical assistance to Santa Ana residents who are participants in one of the programs described above and are in need of services - with the dental services to be provided by a Santa Ana practitioner; 2. Provide OCT A bus passes to help Santa Ana participants attend mandatory court sessions, counseling, group meetings and work and/or school each of which is a program requirement; 3. Provide Santa Ana residents with opportunities to satisfy the cultural and civic activities requirement of the Drug Court program and the programs of the other courts that operate using the drug court model.; 4. Link Santa Ana residents who are participants in any of the programs described above with existing public/private agencies that help with housing, eye care, job counseling and other services that are critical to satisfaction of program requirements and to the success of the participant; 5. Donate residential treatment beds to Santa Ana residents and other participants to enable them to enter the Orug Court program or to remain in the program and administer the donation program; 6. Form and foster alumni progams to mentor participants who are Santa Ana residents. NOTE: The $20,000 of expenses are attributed to Santa Ana residents only and we will be able provide documentation that the medical and dental expenses were directly related to Santa Ana residents when reimbursement requests are submitted. 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. COHO funds will be used to pay for emergency dental services based on demonstrated need that includes an evaluation by the treating dentist who is a Santa Ana resident. COHO funds will be "leveraged" in that Santa Ana residents may be asked to contribute to the cost of the services so that dental care can be provided to as many Santa Ana residents as possible. CEHO funds will also be used to pay for OCT A bus passes that will be distributed to Santa Ana residents/participants to they can comply with numerous program requirements. COHO funds will be used to pay for the Orug Court Foundation Direector who will: (a) administer the dental/nedical assistance program; (b) arrange/schedule/monitor the numerous opportunities to satisfy the cultural and civic event requirements of the programs; (c) link Santa Ana residents with private and public programs that provide a wide variety of services that are directly related to satisfactiono of program requirements such as administering the Lenscrafters' "Oift of Sight" program and referring participants to programs such Women Helping Women; (d) administering the treatment bed "scholarship" program that enables Santa Ana residents and other participants satisfy program housing requirements that are conditions to entry and continued participation; (e) providing support to the Central Drug Court Alumni progrram that consists primarily of Santa Ana residents to maintain their sobriety and provide assistance to other Santa Ana residents. Finally, COHO funds will be used to pay for adminstrative support staff and office supplies used in the program. 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 12-month contract period per quarter. (How many new Santa Ana clients will be served each quarter.) Quarter 1: JulyI - September 30 Quarter 2: October! - December 31 Quarter 3: January 1 - March 31 Quarter 4: April 1 - June 30 ~Persons 40 Persons RPersons 20 Persons 140 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 12-month contract period on a quarterly basis. Quarter 1: JulyI - September 30 Quarter 2: October! - December 31 Quarter 3: January 1 - March 31 Quarter 4: April 1 - June 30 $5.000 $5.000 $5.000 $5.000 $20.000Total Grant (Must equal the Total Program Budget indicated on Exhibit 8.) 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". Fulflllment Tracking HUn Objective to be fulfilled HUn Outcome to be fulfilled illustrated by HUn Indicator Suitable Creating Specific Outcome Activity/Program Outcome Tracking Goal Living Decent Economic A vailability/ Affordability Sustainabilit) Indicator # Environment Housing Opportunitie Accessibility (Please see page 4 of 4 for desc.) nti-CrimeServices Track the reduction in lReduceresponse timcto FPonse time and the crious crimes in the City's wnberofcrimmal lLow-andModerate-lncome D pprehendedas a resulL rea by at least 3 minutes Fulting in the apprehension 2 fl,500 criminals that may X X therwisecscape, ".S-ycargoal to be chievedby FY 09/10 air Housing Services Providefairhousingscrvice I. Provide fair housing and ongoing analysis of ounseling,edueationand impcdimcutstofairhousing. nforcemcntscrvicesto D 7,000 Santa Ana households X X 2 ".S-yeargoaltobc chievedby FY 09/10 . Annually asscss actions to liminate impediments to fai X X 2 ousing. [HOInelessnessPrevcntion Track assisted individuals SO% of assisted individuals who retained their housing or nd households wiU retain tilities for at least 6 months their housing or utilities for 14 D afterassistanccwas t least 6 months after X X provided. assistanceisprovidcd. mergencyShelter rack individuals who 0% of !received support services 'ndividualslhouscholdsthat 12 or 1batwere linked to one or are provided with cmergency D more addilional support shclterwilltransitionto X X serviceandlorappropriate interim housing (i.e., 13 ousing. transilionalhousing). ransitionalHousing Track homeless individuals 5% of homeless individuals Iwho participated in articipatingin transitional 2 ansitional housing program ousingprogram will bc X X D ilhatwere placcdin laced in pennancnt housing. ~rmanenthousing, upportiveServiccs Track individuals who SO%ofindividualslfarnilies received support services receiving support services lhRtwcre linked 10 one or ill be linked to one or more 2 D morcadditional support dditional support service X X scrvieeandlorappropriate ndlorappropriatehousing. ousing, Exhibit A-I Page 1 of4 . Fulfillment illustrated by Trackius! HUn Ob' ective to be fulfilled HUn Outcomes to be fulf"dled HUn Indicator Suitable Creating Specific Outcome Activity/Program Outcome Tracking Goal Living Decent Economic Availability/ Affordability Sustainabilit; Indicator # Environment Housing Opportunitie Aeecssibility (Please see page 4 of 4 for dcsc.) cniorServices L Track assisted senior I. 80'% of assisted scnior citizens that remained ilizens will remain D independent for at least I 'ndependent for at least I X X 2 ear after services were ear after scrvices arc rovidcd, rovided, 2, Track seniors receiving . 90'% of seniors receiving fcrralsthatwerelinkedto fcrrals will bc linked to the D the services sought. scrviccssought. X X 2 wncr-Occupied umbcrofownersassisted hysic.al safety and comfort ousingRehabilitation rehabilitate their primary iU be improved for Low sidence forthc following nd Moderate income income categories: ouseholdsbyimproving D -EJltremely Low Income omcs to a lcvcl that meets 9 -Very Low Income reJlceeds HUD housing X X -Moderatelneomc ualitystandards, SpecialNeedsCatcgories -Lar-geFamilics rail Eldcrly Services Trackfraileldcrly 0% of frail elderly individuals that were linked individuals will bc linked to 2 D to the services sought. e serviccs sought. X X isabledScrvicC$ rack disablcs persons Support independent living hose independent living for 90% of disabled persons 2 D as supported by City funds. ssisted by City funds. X X ervices for Mentally III rack individuals assisted I 00% of individuals assisted ith City resources that were ith City resources will bc D rovidedancntrypointinto rovided an entry point into the regional mental health he regional mcntal health X X 2 care systcm and linked to at are system and linked to at leastoncadditionalmcntal least one additional mental health supportive service. ealthsupponiveserviee. 5ervices for Substance Track how many individuals ovide entry into the ddicted with substance addiction in gional reeovcry system for cre provided an enlry into Sindividualswith ercgional recovery system ubstancc addiction and link [gJ ndlinkcdtoadditional hem to additional scrviccs, 2 services. X X ."S-year goal to be chievedbyFY09/10 outhServiccs ], Trackimprovemcutin 1,Foreducation-based !vre.test, post-test scores, !Programs, improve pre-test 2 D ost-testscorcs by 50''10 X X 2. Tracknumbcrof . Provide opportunitics for D individuals exposed to the xposure to the fine arts, X X 2 fine arts. D 3. Trackchildren!youth 3.90%ofchildrcn!youth seekingrefcrralsthatwere seeking referrals will be X X 2 linkcd to the services sought. linked to the scrvices sought ILOw-andModerate- Trackprogrampartieipants fJO% ofprogrampanicipants jIncomeServices Ihatwere linked to services ill be linked to services 2 sought. ought. X X D 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 Foundation deals almost exclusively with individuals who are substance addicted and in the Drug Court recovery program or in other courts - such as DUI Court and the Co-occurring Court that use the drug court recovery model. The Foundation will enable some Santa Ana residents to enter, or remain in the Drug Court program through its treatment bed scholarship program and will maintain statistics on the nwnber of people provided entry during the 2006-07 fiscal year. The Foundation will also provide a variety of service that include linking substance addicted people to other services such as Women Helping Women and other programs, such as Lenscrafters "Gift of Sight" program that provide services the Foundation is unable to provide. The Foundation will maintain statistics as to the number of substance addicted persons to whom the Foundation provided services as well as the number of substance addicted persons linked or referred to other public and private service programs. 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) Owuer 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 National Council on Alcoholism and Drug Dependence-Orange County Program Name Druo Court Foundation Oranoe County Expenditures Expenses Funded by Expenses Funded Total Program Total Organizational Cate 0 Santa Ana CDBG b Other Sources Bud et Bud et Administrative Staff Salaries & Benefits $ 1,835 $ 6,000 $ 7,835 $ 171,800 Program Staff Salaries & Benefits 4,965 30,241 Contractual/Professional Services: List below 1 Evals/Sub-contractors $ $ 114,575 2 $ 3 Office Su lies $ 1,000 $ 3,474 4,474 19,192 Rent $ 2,400 2,400 174,407 Communications 39,779 Utilities 17,604 Insurance 1,407 1,407 24,015 Other: List below 1 OCT A-Bus Passes $ 1,000 $ 1,000 2 Medical/Dental Services $ 11,200 $ 11,200 3 Various/Mise Exp $ $ 253,889 4 $ 5 $ Total $ 20,000 $ 38,557 $ 58,557 $ 1,502,460 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 CDBG $ 20,000 Private Donations $ 38,557 Total Funds for Program $ 58,557 Exhibit B Page 1 of 1 2006-2007 Funded Personnel Name of Organization: Name of Program National Council on Alcoholism and Drug Dependence Drug Court Foundation Orange County ADMINISTRATIVE 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 Drol!ram Santa Ana CEO $ 65 000 $ 11267 $ 76 267 $ 725 5% 25% 1% Adm. Asst $ 36,000 $ 3,719 $ 39,719 $ 435 5% 25% 1% Acet $ 60 000 n/a $ 60,000 $ 675 4% 25% 1% $ - 0% $ - 0% $ - 0% $ - 0% $ - 0% $ - 0% Total Amount Requested $ 1835 Must equal amount mdlcated on Exhblt 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 nroPTam Santa Ana Director $ 30 000 $ 2061 $ 32061 $ 4,965 100% 25% 25% $ - 0% $ - 0% $ - 0% $ - 0% $ - 0% $ - 0% $ - 0% $ - 0% Total Amount Reouested $ 4965 Must equal amount indicated on Exhbit B CONTRACTUAL/PROFESSIONAL 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 nroO'ram Santa Ana Assistant $ 10,000 n/a $ 10 000 $ - 100% 25% 25% $ - 0% $ - 0% $ - 0% $ - 0% $ - 0% $ - 0% $ - 0% $ - 0% Total Amount Reauestec $ - 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 of a Member of Congress in connection with the awarding of any Federal contract, the making of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contact, grant, loan or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontract, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certifY and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. WLRM-cc.. Grantee/Contactor Organization oLf Program Title p10\\\(' Y<k"ft Name of CertifYing Officer jt:11:r ~ Signature I.Lo.t> Date EXHIBIT C Page 1 of2 . SUB RECIPIENT warrants the following: 1. SUB RECIPIENT will comply with Public Law 88-352, Title VI ofthe 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) SUB RECIPIENT 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 I DATE(MMJDDIYYYY) 04 17-2006 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION M<iguire Insurance Agency ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR LI91I0377645 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 27101 Puerta Real, Suite 200 Mission Vieio, CA 92630 INSURERS AFFORDING COVERAGE NAIC# INSURED INsURERkPhiladelnhia IndenihT Tns r,.., National Council on Alcoholism & Drug INSURER B: Dependence- Orange County INSURER c: 2:t:l Aspan Street, Suite 103 INSURER D: TrA . INSURER E; COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOlWlTHSTANDING PJ.JY 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. I~!!l ~~I?' POLICY NUMBER P~4L':f~~t;~8~E POLICY EXPIRATION LIMITS- 0 A -XNERAL LIABILITY EACH OCCURRENCE d.OOO 000 COMMERCIAl GENERAL LlABIUTY PHPK159l86 04/07/06 04/07/07 I ~~~~~ Eaoccurence) ,100 000 I CLAIMS MADE .em OCCUR MED EXP (Ally one person) ,5 000 I- .. PERSONAL &ADV INJURY ,1 nnn nnn I- GENERAL AGGREGATE ,?'nn"'nn,, n'L AGG:EnE LIMIT APPlS PER: PRODUCTS - COMP/OP AGG ,?""".""" POLICY ~~P-r LOC A ~TOMOBILE LIABILITY COMBINED SINGLE LIMIT '1,000,000 ANY AUTO (Eaaccldent) I- PHPK159l86 04/07/06 04/07/07 ALL OWNED AUTOS I- BODIlYINJURY , fi SCHEDULEO AUTOS (Per person) HIRED AUTOS BODILY INJURY (Per accident) , I--- NON-OWNED AUTOS I- PROPERTY DAMAGE , (Per accident) RGELIABILlTY AUTO ONLY - EAACCIOENT , ANY AUTO OTHER THAN EAACC , AUTO ONLY: AGG , A tK]ESSIUMBRELLA LIABILITY EACH OCCURRENCE ,1 nn" nnn X OCCUR D CLAIMS MADE PHUB059287 04/07/06 04/07/07 AGGREGATE ,T ."""'n",, , R DEDUCTIBLE , RETENTION , , WORKERS COMPENSATION AND I. WC STATU-, I jOJ~- EMPLOYERS' LIABILITY ANY PROPRlETORIPARTNER/EXECUTIVE E.L EACH ACCIDENT , OFFICERlMEMBER EXCLUDED? E.l. DISEASE - EA EMPLOYEE , g~~tl~~;o~rs4~NS below E.l. DISEASE - POLICY LIMIT , OTI-lER Eirployee Dishonesty ?61,00 A GrinE PHPK159l86 04/07/06 04/07/07 Professional $1,000,000 OC Professional Liab:.....~ ; I Ao-o-reo-ate 52 000 nnn DESCRIPTION OF OPERATIONS J LOCATIONS/VEHICLES / EXCWSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS CertifiCAte,4old~r,~s~d, M aclditiorn1 ip.!l~c1wi,th respec,~s .t;{!.fu1.cling. *lO-Day N:Jtice of Cancellation from Non-Payrrent of Premium. CERTIFICATE HOLDER City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92701 CANCELLATION , ., ., ~I L.J'---' /,,-~~ ;"i) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN INp)~~TQ THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR \Jl A tn: Frank Heman ACORD 25 (2001/08) ! z ! .... C t DCORPORATION 1988 lo 07/13/41:000 OZ; 41:7 FAX 9497700345 J",.30. 2006 7:15AM philad NCADDOC hia insurance companies No 2443 19JOO.l p, 2 OS/IO/2006 00'20 FlI "07700848 l(C.6I)DOe ljiJoo~ ~ LuiuII.! B eD'Om9NAL JNSURHI) ~~~ PaR. COMMlmMAT. ~-IP.'Fm .11'Vll9' 1CY lnstmmce Company Philadelphia Indsmity Insuraxe Co. TIlls ~ modifies 8IICb insnr ... as .1I.ftOxded by the p.t01Iisions of POUG)' "Hm<l59186 1"'1......, to the mDowiDs: \. ' '-..-/ .. 1. _ nw Oty orSama A128, 20 avio CIIllter.Plaza, SantaAria, ClI1ifomia 92701; 3tf o.fficers. ~ lIgCIltI, ,..,Io__llDd~"jM \I dolliws aro mrmed 23,' additicmaJ iwlInaa' ("addiWmal~ wkh lep U11i8b1lity IlIIdddmle orauilllrisiDg Wm 1he ~ IllId II!e$ pcrIb=cd by or O.D bdlalf Clttbe nem;d iDs1m:d.. 2. WiQ resp..ct to claUrll arising oat offhe ~ IlIId uses pe.1i.mlcd by ei' OJ!. bcMlfof'1he IllImCd iJlSUNd.lilWh iusu:nlDce lIS iB affim1ed by this policy is primary and is !lot ~ to or~withll1.yotber~c:mfted'byorilrthe&edtot1he addili<mal iDsmeds. 3, This ~....... applies ~tv each lmlm:d ~-.mom cIaUn i5made 01' IIlit is brought ~t with rC$pCtt tQ 1he, COIllJ>llUYIlimi1s ofliability. ~ ~?JI o{;my ~ or~~ II lID iusarod Iba11 not a.ffiIct any rlght wbkb.aneh pel'&ClC1 CII: oo:g;oni~OI:1 'Milad have lIS acd~at ifnot so &mhzded. , 4. ~l1tHespillOt ti:l the .~.1 iIIsInd&, this hIsunaaa an 'Dl)t lIo-.c:eUed. QI' ~aIly no Ifo1lled ia coverage or liruilll exeept:a&r lirlrty (30) da)'lI wntt= uotiQe !uIs 'bees IilMD ~ tile Cit)' ofs.bta AIm. 2Q em: Ceo.tu P1az-a, Seata ADa, CI.1iftlmia 92101. , / (CompletiOQ oftbc 1O.IloWlg. w,..'~ ~~I;"~ is uqWed to mab Ibis.~ - ~live..) ~. , J~ ~. ~006 . tilI=~fbtIII as apart of Polioy; 1mlK159186' . ~ . Iewed to Natialal O;nicil ca Al isili.and Drug llependence- ex:: NIIDed IDstIred " -....J ,\;, #~,'-' Ltrl- 1M' .-:{J'k