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HomeMy WebLinkAboutCOUNCIL ON AGING OF O.C. 3O~J AGREEMENT TERMINATION Please complete this form when the attached agreement is no longer in effect. Return form to the Sr. Deputy Clerk of the Council (M-30). Call 647-5238 if you have any questions. The agreement with (~Lf/)7~CC~C ~yL ~cs,~-I'~t~. , No. ~ ~ac~ct(r09o~-O was completed on -~~ e~ . y ~ ~ O O~ //11, and final payment(h~as been made. Department: 1..8Nn.a ~. Signature: Date: S~~p~ City of Santa Ana Revised 8-7-03 Clerk of the Council ifia~~iip,Pd :: •, F;LE ~, , .,,,t-~ :.~~~~~r~ a _ . A-2006-092-013 5/OS ;~ ;'~'. 1~~ CC1i1N=~~~~ AGREEMENT BETWEEN THE CITY OF SANTA ANA AND ' -" T ' ~ ~ _ / ' ob COUNCIL ON AGINGORANGE COUNTY FOR USE OF O: CAS- ~~ COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS ~~ ~ ~~~~ 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 Council on Aging-Orange County, a California nonprofit corporation ("SUBRECIPIENT"). WITNESSETH Recitals: A. The CITY, as an entitlement recipient and grantee of the United States Department of Housing and Urban Development ("HUD") Community Development Block Grant ("CDBG") Program, desires to enter this Agreement with the SUBRECIPIENT for the expenditure of CDBG funds in accordance with Title 24, Part 570 of Code of Federal Regulations 24 CFR 570.000, et seq. ("CDBG REGS"); and B. CITY has applied for and received CDBG funds from HUD pursuant to Title I of the Housing and Community Development Act of 1974, Public Law 93-383, as amended ("ACT"); and C. The SUBRECIPIENT is a private nonprofit agency that has been selected by the CITY to receive CDBG funds and administer such financial assistance; and to provide the services described in Exhibit A, in accordance with the schedule of performance included therein, hereinafter referred to as "said program". SUBRECIPIENT represents that it is qualified and willing to operate said program and certifies that the activities carried out with funds provided under this Agreement will meet one or more of the CDBG program's National Objectives (24 CFR Part 570.208). D. SUBRECIPIENT agrees that it will adhere to the performance measurements and outcomes as indicated on Exhibit B-1 (Outcome Tracking). Failure to follow the measurements and meet the stated outcomes may constitute breach of contract that could result in termination of this Agreement or serve as reason for the City to recapture the grant funds awarded to SUBRECIPIENT pursuant to this Agreement. E. The CITY and SUBRECIPIENT have duly executed this Agreement for the expenditure of such funds; and WHEREFORE, it is agreed by and between the parties that the foregoing Recitals are a substantive part of this Agreement and the following terms and conditions are approved and together with all exhibits and attachments hereto, shall constitute the entire Agreement between the CITY and SUBRECIPIENT: 5/OS I. SUBRECIPIENT'S OBLIGATIONS A. Non-Profit Status - Representations and Warranties (a) Authority. SUBRECIPIENT is a duly organized and existing non-profit corporation in good standing and authorized to do business under the laws of the State of California. SUBRECIPIENT has full right, power and lawful authority to accept the funding hereunder and to undertake all obligations as provided herein and the execution, performance and delivery of this Agreement by SUBRECIPIENT has been fully authorized by all requisite actions on the part of SUBRECIPIENT. (b) Experience. SUBRECIPIENT is a qualified provider of the services to be provided hereunder. (c) Familiarity With Services Required. By executing this Agreement, SUBRECIPIENT warrants that (i) it has thoroughly investigated and considered the services to be performed and provided hereunder, (ii) it has carefully considered how the services should be performed, and (iii) it fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. (d) No Conflict. To the best of SUBRECIPIENT'S knowledge, SUBRECIPIENT'S execution, delivery and performance of its obligations under this Agreement will not constitute a default or a breach under any contract, agreement or order to which SUBRECIPIENT is a party or by which it is bound. (e) No Bankruptcy. SUBRECIPIENT is not the subject of any current or threatened bankruptcy proceeding. (f) No Pending Legal Proceedings. SUBRECIPIENT is not the subject of a current or threatened litigation that would or may materially affect SUBRECIPIENT'S performance under this Agreement. (g) Application Veracity. All provisions of and information provided in SUBRECIPIENT'S application for funding submitted to CITY including any exhibits are true and correct in all material respects. (h) No Pending Investigation. SUBRECIPIENT is not aware that it is the subject of any current or threatened criminal or civil action investigation by any public agency, including without limitation a police agency or prosecuting authority, that would relate to affect performance of the Agreement or provision of services hereunder. B. Amount of Grant and Quarterly Disbursement. The amount granted to SUBRECIPIENT is $ 6,000("CDBG FUNDS"), and such funds shall be expended by SUBRECIPIENT on or before June 30, 2007. The CDBG FUNDS shall be disbursed by CITY to SUBRECIPIENT on a quarterly basis (October, January, April and July) subject to and upon receipt and approval of a complete quarterly activity report from SUBRECIPIENT, with the final 2 5/OS payment subject to the satisfaction of the condition precedent of submittal of complete reporting information due on or before July 15 of the applicable funding year, as hereinafter more fully set forth. SUBRECIPIENT shall be obligated to perform such duties as would normally extend beyond the term, including but not limited to obligations with respect to indemnification, audits, reporting, data retention/reporting, and accounting. C. Use of Funds. SUBRECIPIENT agrees to use all federal funds provided by CITY to SUBRECIPIENT pursuant to this Agreement to operate said program, as set forth in "Exhibit A," attached hereto and by this reference incorporated herein. SUBRECIPIENT'S failure to perform as required may, in addition to other remedies set forth in this Agreement, result in readjustment of the amount of funds CITY is otherwise obligated to pay to SUBRECIPIENT hereunder. D. Allowable Costs. SUBRECIPIENT agrees to complete said program on or before June 30, 2007 and to use said funds to pay for necessary and reasonable costs allowable under the federal law and regulations to operate said program. Said amounts shall include, but not be limited to, wages, administrative costs, and employee benefits comparable to other similarly situated employees. Other allowable program costs are detailed in the Budget, as set forth in "Exhibit B," attached hereto and by this reference incorporated herein. SUBRECIPIENT shall use all income received from said funds only for the same purposes for which said funds may be expended pursuant to the terms and conditions of this Agreement. E. Licensing. SUBRECIPIENT agrees to obtain and maintain all required licenses, registrations, accreditation and inspections from all agencies governing its operations. SUBRECIPIENT shall ensure that its staff shall also obtain and maintain all required licenses, registrations, accreditation and inspections from all agencies governing SUBRECIPIENT's operations hereunder. Such licensing requirements include obtaining a City business license, as applicable. F. Zonin~• SUBRECIPIENT agrees that any facility/property used in furtherance of said program shall be specifically zoned and permitted for such use(s) and activity(ies). Should SUBRECIPIENT fail to have the required land entitlement and/or permits, thus violating any local, state or federal rules and regulations relating thereto, SUBRECIPIENT shall immediately make good-faith efforts to gain compliance with local, state or federal rules and regulations following written notification of said violation(s) from the CITY or other authorized citing agency. SUBRECIPIENT shall notify CITY immediately of any pending violations. Failure to notify CITY of pending violations, or to remedy such known violation(s) shall result in termination of grant funding hereunder. SUBRECIPIENT must make all corrections required to bring the facility/property into compliance with the law within sixty (60) days of notification of the violation(s); failure to gain compliance within such time shall result in termination of grant funding hereunder. G. Separation of Accounts. All funds received by SUBRECIPIENT from CITY pursuant to this Agreement shall be maintained in an account in a federally insured banking or savings and loan institution with record keeping of such accounts maintained pursuant to applicable OMB Circular A-110 requirements. SUBRECIPIENT is not required to maintain separate depository accounts for CDBG FUNDS; provided however, the SUBRECIPIENT must be able to 3 5/OS account for receipt, obligation and expenditure of CDBG FUNDS pursuant to applicable OMB Circular A-110 requirements. H. Audit Report Requirements. SUBRECIPIENT agrees that if SUBRECIPIENT receives Three Hundred Thousand Dollars ($300,000.00) or more in federal funds, SUBRECIPIENT shall have an annual audit conducted by a certified public accountant in accordance with the standards as set forth and published by the United States Office of Management and Budget. SUBRECIPIENT shall provide CITY with a copy of said audit by October 1 of the year following the program year in which this Agreement is executed. I. Record Keepin eporting. SUBRECIPIENT shall keep and maintain complete and adequate records and reports to assist CITY in meeting and maintaining its record keeping responsibilities under the CDBG REGS, including the following: (1) Records a. Documentation evidencing program income requirements in conformity with 24 CFR 570.504(b((2)(i), (ii) and 24 CFR 570.503(b)(3) and 24 CFR 570.208(a)(2)(B) of the income level of persons and/or families participating in or benefiting by the SUBRECIPIENT program. b. Documentation of the number of persons and/or families participating in or benefiting by the SUBRECIPIENT program. c. Household information shall include number of persons, identification of head of household, race/ethnicity, and income verification. d. Documentation of all CDBG FUNDS received from CITY. e. Documentation of expenses as identified in the Budget Proposal, including evidence of incurring the expense, invoices for goods or services, copies of any and all contracts or documentation pertaining to costs for subcontractors, plus all other invoices for which CDBG FUNDS were expended, and any payments therefor. f. Any such other related records as CITY shall reasonably require or as required to be maintained pursuant to the CDBG REGS. (2) Rel orts (i) Payment Request. Concurrently with the submittal of each quarterly report, on or before the 15th day of October, January, April and July, SUBRECIPIENT shall submit both: an original invoice and true copies of invoices, receipts, agreements, copies of any and all contracts or documentation pertaining to costs for subcontractors or other documentation supporting and evidencing how the CDBG FUNDS have been expended during the applicable quarter. 5/OS (ii) Quarterly Activity Report: SUBRECIPIENT agrees to keep monthly records of all ethnic and racial statistics of persons and families benefited by SUBRECIPIENT in the performance of its obligations under this Agreement, including, but not limited to, the number of low and moderate income persons and households assisted in accordance with federal income limits, the number of female heads of households assisted, new program information and year-to- date program statistics on expenditures, caseload and activities. J. Access to Records. CITY and the United State Government and/or their representatives shall have access for purposes of monitoring, auditing, and examining SUBRECIPIENT's activities and performance, to books, documents and papers, and the right to examine records of SUBRECIPIENT's subcontractors, bookkeepers and accountants, employees and participants in regard to said program. CITY and the United States Government and/or their representatives shall also schedule on-site monitoring at their discretion. Monitoring activities may also include, but are not limited to, questioning employees and participants in said program and entering any premises or any site in which any of the services or activities funded hereunder is conducted or in which any of the records of SUBRECIPIENT are kept. Nothing herein shall be construed to require access to any privileged or confidential information as set forth in federal or state law. K. Location of Records/Reauired Length of Record Keeping. All accounting records, reports, and evidence pertaining to all costs, expenses and the CDBG FUNDS of SUBRECIPIENT and all documents related to this Agreement shall be maintained and kept available at SUBRECIPIENT'S office or place of business for the duration of the Agreement and thereafter for five (5) years after completion of an audit in conformity with the CDBG REGS's. Records which relate to (a) complaints, claims, administrative proceedings or litigation arising out of the performance of this Agreement, or (b) costs and expenses of this Agreement to which CITY or any other governmental agency takes exception, shall be retained beyond the five (5) years until complete resolution or disposition of such appeals, litigation claims, or exceptions. In the event SUBRECIPIENT does not make the above-referenced documents available within the city of Santa Ana, California, SUBRECIPIENT agrees to pay all necessary and reasonable expenses incurred by CITY in conducting any audit at the location where said records and books of account are maintained. L. Compliance with Law/Program Income. SUBRECIPIENT acknowledges that the funds being provided by CITY for said program are received by CITY pursuant to the ACT as amended and that expenditures of these funds shall be in accordance with the ACT and all pertinent regulations issued by agencies of the federal government, including, but not limited to, all regulations found at Title 24 of the Code of Federal Regulations. Program income received by SUBRECIPIENT shall be returned to CITY unless otherwise provided for in this Agreement. SUBRECIPIENT agrees to comply fully with all federal, state and local laws and court orders applicable to its operation whether or not referred to in this Agreement. M. Standing. SUBRECIPIENT shall be in good standing, without suspension by the California Secretary of State, Franchise Tax Board and Internal Revenue Service. Any change in the corporate status or suspension of SUBRECIPIENT shall be reported immediately to CITY. 5 5/OS N. Confidentiality. Without prejudice to any other provisions of this Agreement, SUBRECIPIENT shall, where applicable, maintain the confidential nature of information provided to it concerning participants in accordance with the requirements of federal and state law. However, SUBRECIPIENT shall submit to CITY and or HUD or its representatives, all records requested, including audit, examinations, monitoring and verifications of reports submitted by SUBRECIPIENT, costs incurred and services rendered hereunder. O. Independent Contractor. SUBRECIPIENT agrees that the performance of obligations hereunder is rendered in its capacity as an independent contractor and that it is in no way an agency of CITY. P. Violation of Terms and Conditions. SUBRECIPIENT agrees that if SUBRECIPIENT violates any of the terms and conditions of this Agreement or any prior Agreement whereby CDBG funds were received by SUBRECIPIENT, or if SUBRECIPIENT reports inaccurately, or if on audit there is a disallowance of certain expenditures, SUBRECIPIENT agrees to remedy the acts or omissions causing the disallowance and repay CITY all amounts spent in violation thereof. If SUBRECIPIENT engaged in fraudulent activity to obtain and/or justify expenditure of the CDBG funds granted hereunder, SUBRECIPIENT shall be required to reimburse the CITY of all such funds that were obtained/spent under fraudulent circumstances. Q. ui ment. 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. Lobb~g. SUBRECIPIENT certifies that it will comply with federal law (31 U.S.C. 1352) and regulations found at 24 CFR Part 87, which provide that no appropriated funds may be expended by the recipient of a federal contract, grant, loan or cooperative agreement to pay any person for influencing or attempting to influence an officer or employee of any agency, Member of Congress, or an officer or employee of a Member of Congress in connection with awarding of any federal contract, the making of any federal grant or loan, entering into any cooperative agreement and the extension, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. SUBRECIPIENT shall sign a certification to that effect in a form as set forth in "Exhibit C," attached hereto and by this reference incorporated herein. SUBRECIPIENT shall submit said signed certification to CITY prior to performing any of its obligations under this Agreement and prior to any obligation arising on the part of CITY to pay any sums to SUBRECIPIENT under the terms and conditions of this Agreement. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of 6 5/OS Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit a "Disclosure Form to Report Lobbying," in accordance with its instructions (see C-1). T. Financial Interest. SUBRECIPIENT agrees that except for the use of CDBG funds to pay salaries and other related administrative or personnel costs, no persons who exercise or have exercised any function with respect to CDBG activities assisted under the terms of this Agreement, or who are in a position to participate in adecision-making process or gain inside information with regard to such activities, may obtain a financial interest or benefit from aCDBG-assisted activity of SUBRECIPIENT, either for themselves or those with whom they have family or business ties, during their tenure or for one 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. §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. §5.12. Labor standards interviews/investigations shall be made as necessary to assure compliance [29 C.F.R. §5.6(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. b) Notify appropriate officials of SUBRECIPIENT and CITY officials of any criminal drug statute conviction for a violation occurring in the workplace not later than five days after such conviction. 7 5/OS 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 SUBRECIPIENT, CITY shall pay to SUBRECIPIENT from CDBG funds, when, if and to the extent received from HUD, for CITY's 2006-07 CDBG program year amounts expended by SUBRECIPIENT in carrying out said program for fiscal year 2006-07 pursuant to this Agreement up to a maximum aggregate payment of Six Thousand Dollars ($ 6,000) in installments determined by CITY. Payments shall be made to SUBRECIPIENT through the submission of invoices on a quarterly basis (October, January, April and July) in a form prescribed by CITY, detailing such expenses. CITY shall pay such invoices within thirty (30) days after receipt thereof provided CITY is satisfied that such expenses have been incurred and documented within the scope and provisions of this Agreement and that SUBRECIPIENT is in compliance with the terms and conditions of this Agreement. B. Audit of Account. CITY shall include an audit of the account maintained by SUBRECIPIENT in CITY's annual audit of all CDBG FUNDS in accordance with Title 24 of the Code of Federal Regulations and other applicable federal laws and regulations. C. Common Rule: Pursuant to CFR 85.40(a), the CITY manages the day-to-day operations of each grant and subgrant supported activities. CITY staff has detailed knowledge of the grant program requirements and monitors grant and subgrant supported activities to assure compliance with Federal requirements. Such monitoring covers each program, function and activity and performance goals are reviewed periodically. D. Environmental Review: In accordance with 24 CFR 58, the CITY is responsible for undertaking environmental review and maintaining environmental review records for each applicable project. E. Performance Monitoring: CITY shall monitor the performance of the SUBRECIPIENT against goals and performance standards required herein. Substandard performance as determined by the CITY will constitute non-compliance with this Agreement. If action to correct such substandard performance is not taken by the SUBRECIPIENT within a reasonable period of time after being notified by the CITY, contract suspension or termination procedures will be initiated. 5/OS III. NONDISCRIMINATION SUBRECIPIENT agrees that no person on the ground of race, age, color, national origin, religion or sex will be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with CDBG funds. IV. CONFLICT OF INTEREST Pursuant to the conflict of interest requirements set forth in 24 CFR 576.57 and OMB Circulars 1-102 and A-110, SUBRECIPIENT agrees that no officer, employee, agent or assignee of CITY having direct or indirect control of any CDBG monies granted to the CITY, inclusive of the subject CDBG FUNDS, shall serve as an officer of SUBRECIPIENT. Further, any conflict or potential conflict of interest of any officer of SUBRECIPIENT shall be fully disclosed in writing prior to the execution of this Agreement and said writing shall be attached and deemed fully incorporated as a part hereof. Notice shall be sent by SUBRECIPIENT to CITY regarding any changes or modifications to its board of directors and list of officers. V. SPECIAL CERTIFICATION FOR RELIGIOUS ENTITIES If SUBRECIPIENT is a religious entity, SUBRECIPIENT hereby agrees that in connection with the provision of the services SUBRECIPIENT shall provide with CDBG funds, in accordance with 24 CFR 570.200(j): A. SUBRECIPIENT shall not discriminate against any employee or applicant for employment on the basis of religion and shall not limit employment or give preference in employment to persons on the basis of religion. B. SUBRECIPIENT shall not discriminate against any person applying for the services SUBRECIPIENT agrees to provide under the terms of this Agreement on the basis of religion and shall not limit such services or give preference to applicants for such services on the basis of religion. C. SUBRECIPIENT shall NOT provide religious instruction or counseling, conduct any religious worship or services, or engage in any religious proselytizing, or exert any religious influence in the provision of the services in said program. The parties agree that this covenant is intended to and shall be construed for the limited purpose of assuring compliance with respect to the use of CITY funds by SUBRECIPIENT with applicable constitutional limitations respecting the establishment of religion as set forth in the establishment clause under the First Amendment of the United States Constitution and Article I, Section 4 of the California Constitution, and is not in any manner intended to restrict other activities of SUBRECIPIENT. D. Where the services to be provided under said program are rendered on property owned by the primarily religious entity SUBRECIPIENT, CDBG funds may also be used for minor repairs to such property which are directly related to the cost of rendering the services under said 9 5/OS program, where the cost constitutes in dollar terms only an incidental portion of the CDBG expenditure for rendering the services under said program. VI. PROHIBITION OF NEPOTISM SUBRECIPIENT agrees not to hire or permit the hiring of any person to fill a position funded through this Agreement if a member of that person's immediate family is employed in an administrative capacity by SUBRECIPIENT. For the purposes of this section, the term "immediate family" means spouse, child, mother, father, brother, sister, brother-in-law, sister-in-law, father-in- law, mother-in-law, son-in-law, daughter-in-law, aunt, uncle, niece, nephew, stepparent and stepchild. The term "administrative capacity" means having selection, hiring, supervisor or management responsibilities. VII. NOTICES Notices to the parties shall, unless otherwise requested in writing, be sent by U.S. Mail, postage prepaid, and addressed as follows: TO CITY: City of Santa Ana Community Development Agency (M-25) 20 Civic Center Plaza P.O. Box 1988 Santa Ana, California 92702-1988 TO SUBRECIPIENT: Ruobing Li Site Co-Director Council on Aging-Orange County 1971 E. 4t'' Street, Suite 200 Santa Ana, CA 92705 VIII. ASSIGNABILITY None of the duties of, or work to be performed by, SUBRECIPIENT under this Agreement shall be subcontracted or assigned to any agency, consultant, or person without the prior written consent of CITY. SUBRECIPIENT must submit all subcontracts and other agreements that relate to this Agreement to CITY. No subcontract or assignment shall terminate or alter the legal obligations of SUBRECIPIENT pursuant to this Agreement. 10 5/OS IX. HOLD HA1tMi.ESS SUBRECIPIENT shall indemnify, defend and save harmless CITY, its officers, employees, agents, representatives and volunteers from and against any and all damages to or for loss of use of property and for injuries to or death of any person or persons, including property and employees or agents of CITY, and shall defend, indemnify and save harmless CITY, its officers, employees, agents, representatives and volunteers from and against any and all claims, demands, suits, actions or proceedings of any kind or nature, including, but not by way of limitation, workers compensation claims and including attorney fees and reasonable expenses for litigation or settlement, resulting from or arising out of the negligent or wrongful acts, errors or omissions of SUBRECIPIENT, its officers, directors, employees, agents, subcontractors and suppliers arising out of SUBRECIPIENT's performance of this Agreement. X. INSURANCE A. In accordance with the provisions of Section 3300 of the Labor Code, if SUBRECIPIENT has any employees it is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing performance of this Agreement, SUBRECIPIENT agrees to obtain and maintain employer's liability insurance with limits not less than $1,000,000 per accident. If SUBRECIPIENT has no employees, nor workers' compensation coverage, it must execute a Declaration available from the CITY, and update as is necessary. B. SUBRECIPIENT shall undertake self-insurance, or shall obtain, at its sole cost, a policy or policies of commercial general liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall: (1) name the City of Santa Ana, its officers, agents, representatives, employees and volunteers as additional insureds; (2) be primary with respect to insurance or self-insurance programs maintained by the CITY; (3) contain standard separation of insured's provisions; and (4) give to CITY prompt and timely notice of claim made or suit instituted arising out of SUBRECIPIENT's operations hereunder. SUBRECIPIENT shall: (a) prior to exercising any right under this Agreement, furnish properly executed certificates of insurance and additional insured endorsement to the CITY which shall clearly evidence all coverages required above; (b) provide that such insurance shall not be materially changed or terminated except on 30 days prior written notice to the CITY; (c) maintain such insurance for the period covered by this Agreement; and (d) replace such certificates for policies expiring prior to the expiration of this Agreement. XI. REVERSION OF ASSETS A. Upon the expiration of this Agreement, SUBRECIPIENT shall transfer to CITY any CDBG funds on hand at the time of the expiration of this Agreement as well as any accounts receivable attributable to the use of CDBG funds. [24 CFR 570.503(b)(8).] 11 5/OS B. Any real property under SUBRECIPIENT's control that was acquired or improved in whole or in part with CDBG funds in excess of $25,000.00 must either be: 1. Used, where CITY has given written approval, to meet one of the national objectives stated in 24 CFR 570.208 until five (5) years after expiration of this Agreement, or for such longer period of time as determined to be appropriate by CITY; or 2. If not used in accordance with subparagraph A above, SUBRECIPIENT shall pay to CITY an amount equal to the current fair market value of the property less any portion of the value attributable to the expenditure of non-CDBG funds for acquisition of, or improvement to, the property. Such payment is program income to CITY. C. Subject to the obligations set forth herein, title to equipment acquired under the terms of this Agreement will vest upon acquisition in SUBRECIPIENT. When said equipment which has been acquired in accordance with this Agreement and all applicable regulations is no longer needed for said program, disposition of said equipment will be made as follows: 1. Items of equipment with a current per unit fair market value of less than $5,000.00 maybe 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. 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 survive the date of termination of this Agreement for such period of time as CITY and/or HUD deems necessary for the responsibilities, duties and obligations to be performed and completed to the satisfaction of CITY and HUD. 12 5/OS XII. TERMINATION A. This Agreement may be terminated on thirty (30) days' written notice by either party. In the event of such termination, SUBRECIPIENT shall only be entitled to reimbursement for approved expenses incurred to the effective date of termination. B. This Agreement may be suspended or terminated by CITY upon five (5) days' written notice for violation by SUBRECIPIENT of Federal Laws governing the use of Community Development Block Grant Funds. In the event of such suspension or termination, SUBRECIPIENT shall only be entitled to reimbursement for approved expenses incurred up to the effective date of suspension or termination. C. Pursuant to 24 CFR 85.43, in the event SUBRECIPIENT defaults by failing to fulfill all or any of its obligations hereunder, CITY may 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 XII.A. through XILE., inclusive, SUBRECIPIENT agrees to immediately return to CITY upon CITY's demand and prior to any adjudication of SUBRECIPIENT's rights, any and all funds not used, and to comply with paragraph "XI. REVERSION OF ASSETS" of this Agreement. 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 5/OS reduce the budget of this Agreement as a whole or as to costs category, may limit the rate of SUBRECIPIENT's authority to commit and spend funds, or may restrict SUBRECIPIENT's use of both its uncommitted and its unspent funds. Where HUD has directed or requested CITY to implement a reduction in funding, in whole or as to a cost category, with respect to funding for this Agreement, CITY's City Manager or delegate is authorized to act for CITY in implementing and effecting such a reduction and in revising, modifying, or amending the Agreement for such purposes. If such a reduction in funding occurs, SUBRECIPIENT shall be permitted to de-scope accordingly. Where CITY has reasonable grounds to question SUBRECIPIENT's fiscal accountability, financial soundness, or compliance with this Agreement, CITY may suspend the operation of this Agreement for up to sixty (60) days upon five (5) days written notice to SUBRECIPIENT of its intention to so act, pending an audit or other resolution of such questions. In no event, however, shall any revisions made by CITY affect expenditures and legally binding commitments made by SUBRECIPIENT before it received 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/OS indemnify CITY fully, including reasonable costs and attorney's fees, for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits and Attachments referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. c. No delay or omission by either party hereto to exercise any right or power accruing upon any noncompliance or default by the other party with respect to any of the terms of this Agreement shall impair any such right or power or be construed to be a waiver thereof. A waiver by either of the parties hereto of any of the covenants, conditions, or agreements to be performed by the other shall not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or agreement herein contained. 15 5/OS IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the last date and year written below. ATT ~~ PATRICIA E. HEALY ~lerk of the Council CITY OF SANTA ANA DAVID . RE M City Manager APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney ~~~ r ~. _. By: LISA E. STORCK Assistant City Attorney DATE: SUBRECIPIENT: Name: Pamala McGovern Tit~c: Executive Director Tax ID: 95-2874089 16 City of Santa Ana Community Development Block Grant Scope of Work Name of Organization- Council on Aging Orange Countv Name of Funded Program-•Linkages Case Management Program Annual Accomplishment Goal I. Total number of unduplicated clients (Santa Ana and Non-Santa Ana Residents) anticipated to be served by the funded program, named above, during the 12-month contract period. 360 PERSONS II. Number of only unduplicated Santa Ana residents to be served by the funded program, named above, during the 12-month contract period. 65 PERSONS Program and Funding Description III. Description of Work - In the space below, describe the program to be funded during the 12-month contract period. The Linkages Program provides case management services and comprehensive information and referrals to frail elderly and disabled persons aged 18 and above to aid in obtaining appropriate community resources that prevent or delay institutionalization. To meet the needs of vulnerable adults living in Santa Ana, Linkages staff will: ^ Provide phone intake services in person during business hours with bilingual service available. ^ Responds promptly to requests for case management &/or service referral requests. ^ Provides timely assessments and create an appropriate care-plan using an informal collaborative or contractual approach. ^ Refer caregivers to counseling, family consulting services and respite assistance. 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-l. In the Fiscal Year 2006-2007, with $6,000 from Santa Ana CDBG, the Linkages program will provide comprehensive information, referrals and case management services to 65 unduplicated Santa Ana residents. The grant funds will be used to supplement the salary of the bilingual English/Spanish case manager who services Santa Ana residents. ($16.00x338=$5,408+$592 benefit=$6,000) Exhibit A Page 1 of 2 Schedule of Performance Estimate the number of only unduplicated Santa Ana residents to be served by the funded program during the 12-month contract period per quarter. (How many new Santa Ana clients will be served each quarter.) Quarter 1: Julyl -September 30 Quarter 2: Octoberl -December 31 Quarter 3: January 1 -March 31 Quarter 4: April 1 -June 30 20Persons 20Persons 15Persons l OPersons 65Tota1 number of unduplicated Santa Ana residents to be served. (Must equal the number for II above.) Schedule of Invoicing Estimate the amount of grant funds to be requested during the 12-month contract period on a quarterly basis. Quarter l: Julyl -September 30 $1,500.00 Quarter 2: Octoberl -December 31 $1,500.00 Quarter 3: January 1 -March 31 $1,500.00 Quarter 4: April 1 -June 30 $1,500.00 $6,000.00 Total Grant (Must equal the Total Program Budget indicated on Exhibit B.) Exhibit A Page 2 of 2 CITY OF SANA ANA Community Development Block Grant Outcome Tracking IMPORTANT: The City of Santa Ana is in the process of incorporating the new HUD Performance Outcome Tracking guidelines, therefore this section is subject to change in order to be compliant with HUD regulations. If the situation should occur that the current tracking system is not sufficient to meet HUD regulations an amendment to this contract will be needed. IristrUCtions: 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 fulfilled HUD Outcome to be fulfilled illustrated by HUD Indicator Suitable Creating Specific Outcome Activity/Program Outcome Tracking Goal Living Decent Economic Availability/ Affordability Sustainabili Indicator # Environment Housing pportunitie Accessibility (Please see page 4 of 4 for desc.) n[iLrime Services Track the reduction in educe response time to sponse time and the serious crimes in the City's umber of criminal Low- and Moderate-Income ^ apprehended as a result. rea by at least 3 minutes esulting in the apprehension f 1,500 criminals that may X ~ 2 therwise escape. "'"5-year goal to be thieved by FY 09/10 air Housing Services Provide fair housing service 1. Provide fair housing and ongoing analysis of ounseling, education and impedvnents to fair housing. nforeement services to ^ ,000 Santa Ana households. ~ ~ 2 ""5-yeaz goal to be thieved by FY 09/10 2. Annually assess actions to timinate impediments to fat ousing. ~ ~ 2 omelessness Prevention Track assisted individuals 50% of assisted individuals ho retained their housing or nd households will retain ^ tilities for at least 6 months fter assistance was eir housing or utilities for t least 6 months after X V 14 ovided ssistance i id d A . s prov e . mergency Shelter rack individuals who 0 % of ceived support services 'ndividuals/houscholds that that were linked to one or re pmvided with emergency 12 or ^ ore additional support i d/ i helter will transition to V A v A serv ce an or appropr ate interim housing (i.e., ousing. sitional housing). 13 ransitional Housing Track homeless individuals 5 % of homeless individuals ho participated in articipating in transitional anditional housing program t er l d i ousing program will be l V X 2 ^ w e p ace n aced in permanent housing. L1 rtnanent housing. upportive Services rack individuals who 50% of individuals/families eived support services eiving support services t hat were linked to one or ill be linked to one ar more ^ ore additional support dditional support service X V L~ 2 service and/or appropriate nd/or appropriate housing. ousing. Exhibit A-1 Page 1 of 4 Fulfillment illustrated by Trackin HUD Ob'ective to be fulfilled HUD Outcomes to be fulfilled HUD Indicator Suitable Creating Specific Outcome Activity/Program Outcome Tracking Goal Living Decent Economic Availability/ Affordability Sustainabili Indicator # Environment Housin g pportunitie Accessibili h' (Please see page 4 of 4 for desc.) enior Services 1. Track assisted senior I. 80% of assisted senior citizens [hat remained itizens will remain ^ independent for at least 1 independent for at ]east 1 year after services were ear after services are X X L rovided. ovided. 2. Track seniors receiving . 90% of seniors receiving ferrals that were ]inked to efelrals will be linked to the ® he services sought. ervices sought ~ ~ /'~ L er-Occupied tunber of owners assisted hysical safety and comfort ousing Rehabilitation to rehabilitate their primary ill be improved for Low sidence for the following nd Moderate income income categories: ouseholds by improving ^ -Extremely Low Income V L I omes [o a level that meets ^ J - ery ow ncome r exceeds HUD housing ~ ~ ~J -Moderate Income uality standards. Special Needs Categories -Lazge Families rail Elderly Services Track frail elderly 0 % of frail elderly individuals that were linked individuals will be linked to ^ to the services sought, e services sought. v L~ isabled Services Track disables persons Supporiindependentliving whose independent living for 90% of disabled persons ^ as supported by City Cunds. ssisted by City funds. ~T A v A ervices for Mentally Ill Track individuals assisted 100 % of individuals assisted ilh City resources that were ith City resources will be ^ vided an entry point into rovided an entry point into the regional mental health care system and linked to at he regional mental health are system and linked to at ~ ~ /1 L least one additional mental least one additional mental eal[h supportive service. ealth supportive service. ervices for Substance Track how many individuals ovide entry into the ddicted ith substance addiction in egional recovery system for ere provided an entry into 5 individuals with the regional recovery system substance addiction and link ^ and linked to additional them to additional services. A services. X t7 A L •••5-yeaz goal to be chieved by FY 09/10 oath Services 1. Track improvement in I. For education-based e-less post-lest scores. rograms, improve pre-test ^ ost-test scores by 50 % v ^ 2. Track number of individuals exposed to the 2. Provide opportunities for xposure [o the fine arts. ^ fine arts. ~ ~ L 3. Tmck children youth 3. 90% of children youth ^ seeking referrals [hat were seeking referrals will be ^ linked to the services sought. l inked to the services sought. ~ ~ L ow- and Moderate- Track program participants % of program participants come Services Ota[ were linked to services ill be linked to services sought. ought. v L~ ~ /~ L Exhibit A-1 Page 2 of 4 Description of Outcome Tracking System: Please describe your organization's outcome tracking system that will enable you to fulfill the outcome selected above. Linkages case manager will track outcome by: 1. stating clearly on care plan a. problems/goals, b.specific service needed and intervention; c. time frame and date resolved. 2. providing information and resources and help clients access services. 3. documenting contacts to clients, family caregivers and service providers on the progress notes. 3. monitoring service delivery to ensure the quality by monthly calls. 4. reassessing clients' on-going needs by quarterly visit. Exhibit A-1 Page 3 of 4 Specific Outcome Indicators 2) Public service activities Number of persons assisted: • with new access to a service • with improved access to a service • where activity was used to meet a quality standard or measurably improved quality, report the number that no longer only have access to substandard service 9) Owner occupied units rehabilitated or improved Total number of units: Number occupied by elderly Number of units brought from substandard to standard condition (HQS or local code) Number qualified as Energy Star Number of units brought into compliance with lead safe housing rule (24 CFR part 35) Number of units made accessible for persons with disabilities 12) Number of homeless persons given overnight shelter 13) Number of beds created in overnight shelter or other emergency housing 14) Homelessness Prevention • Number of households that received emergency financial assistance to prevent homelessness • Number of households that received emergency legal assistance to prevent homelessness Exhibit A-1 Page 4 of 4 Program Year 2006-2007 Final Budget Organization Name _ Council on Aging-Oran a County Program Name Linkages Case Management Expenditures Cate o Expenses Funded by Santa Ana CDBG Expenses Funded b Other Sources Total Program Bud et Total Organizational Bud et Administrative Staff Salaries & Benefits $ 45,636 $ 45,636 $ 380,208 Program Staff Salaries & Benefits $ 6,000 $ 300,299 $ 306,299 $ 1,360,950 Contractual/Professional Services: List below 1 $ _ 2 $ _ 3 $ _ Office Su lies $ 8,000 $ 8,000 $ 103,708 Rent $ 16,979 $ 16,979 $ 124,452 Communications $ 2,992 $ 2,992 $ 26,200 Utilities $ _ $ _ $ _ Insurance $ 4,500 $ 4,500 $ 22,000 Other:List below Link Purchase of Service 1 Respite Purchase $ 22,049 $ 22,049 $ 22,049 Audit/ Consultants/ 2 subcontractors $ 1,375 $ 1,375 $ 77,582 3 Travel /Mileage $ 6,000 $ 6,000 $ 34,200 Training 4 Volunteer Recognition $ 250 $ 250 $ 20,334 5 SmileMaker Expenses $ - $ - $ 29,000 Total $ 6,000 $ 408,080 $ 414,080 $ 2,200,683 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 $ 6,000 Anaheim CDBG $ 18,000 Count CDBG $ 36,669 State Fundin $ 237,411 SHOPP $ 30,000 Donations $ 1,000 United Wa Grant endin $ 85,000 Total Funds for Program $ 414,080 Exhibit B Page 1 of 1 2006-2007 Funded Personnel Name of Organization: Council on Aging-Orange County Name of Program Linkages Case Management ADMINISTRATIVE STAFF Position Title Annual Salary Annual Benefits Total Compensation CDBG Funds Requested for this position % of time spent on funded ro ram Of this time percent of time serving Santa Ana % of Total Compensation Eligible N/A $ - 0% $ - 0% $ - 0% $ - 0% $ - 0% $ - 0% $ - 0% $ - 0% $ - 0% Total Amount Re uested $ - Must equal amount indicated on Exhbit B PROGRAM STAFF Position Title Annual Salary Annual Benefits Total Compensation CDBG Funds Requested for this position % of time spent on funded ro ram Of this time percent of time serving Santa Ana % of Total Compensation Eligible Case Mana er $ 32,256 $ 3,548 $ 35,804 $ 6,000 100% 40% 40% $ - 0% $ - 0% $ 0% $ - 0% $ - 0% $ - 0% $ - 0% $ - 0% Total Amount Re uested $ 6,000 1vlust equal amount indicated on Exhbit B CONTRACTUAL/PROFESSIONAL SERViCF.C Position Title Annual Contract Amount Annual Benefits Total Compensation CDBG Funds Requested for this position % of time spent on funded ro ram Of this time percent of time serving Santa Ana % of Total Compensation Eligible N/A $ - 0% $ - 0% $ - 0% $ - 0% $ - 0% $ - 0% $ - 0% $ - 0% $ - 0% Total Amount Re uested $ - rviust equal amount mdicated on I/xhbit 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. Council on Aging-Orange County Linkages Case Management Grantee/Contactor Organization Program Title Pamala McGovern ~ ,~~ Name of Certifying Officer ~~ EXHIBIT C Page 1 of 2 SUBRECIPIENT warrants the following: 1. SUBRECIPIENT will comply with Public Law 88-352, Title VI of the Civil Rights Act of 1964 (42 U. S. C. section 2000 et seq.) and implementing regulation in 24 CFR Part 1. 2. No person in the United States shall on the ground of race, color, religion, national origin, or sex, be excluded from participation in, or be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with community development funds made available pursuant to the ACT. 3. All laborers and mechanics, employed by contractors or subcontractors in the performance of construction work financed in whole or in part with community development funds shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined in accordance with the Davis-Bacon Act, as amended, 40 U. S. C. Sections 276 a 1-5, except for individuals who perform services for which they volunteered; do not receive compensation for such services; or are paid expenses, reasonable benefits, or a nominal fee for such services; and are not otherwise employed at any time in construction work. 4. SUBRECIPIENT will comply with all Federal statutes applicable to projects funded with community development funds, except that (a) SUBRECIPIENT does not assume CITY'S environmental responsibilities described at 24 CFR 570.604; and (b) SUBRECIPIENT does not assume CITY'S responsibility for initiating the review process under Executive Order 12372. EXHIBIT C Page 2 of 2 `~~Ck~ CERTIFICATE OF LIABILITY INSURANCE :M DATE(MM/DD/YYY1~ 07/31 /2006 PRODUCER Schweickert & Co. 15 Peters Canyon Road Irvine CA 92606 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. INSURERS AFFORDING COVERAGE NAIC # INSURED Council on Aging INSURER A: Phlladelphla Insurance 1971 E. 4th Street #200 INSURER B: Non Profits United Work Comp Grp Santa Ana CA 92705 INSURER c: Insurance Corp of Hannover INSURER D: INSURER E: 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 D' ~ POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS X GENERAL LIABILITY PHPK171635 0']/01/2006 U7/U1/2UU7 EACH OCCURRENCE $ 1,000>~~~ X COMMERCIAL GENERAL LIABILITY 1,000,000 Occ/Agg DAMAGE TO RENTED $ 100,000 CLAIMS MADE X^ OCCUR 1,000,000 Eacll Cause/ MED EXP An one $ 5,000 X Sexual Abuse 2,000,000 Aggregate PERSONAL 8 ADV INJURY $ 1,000,000 X I,1C1UOr Llablhty E B fi /P GENERAL AGGREGATE $ 2,000,000 mp ene ts rof Liability GEN'L AGGREGATE LIMIT APPLIES PER: 1 mill ea inC/2 mill agg PRODUCTS -COMP/OP AGG $ 2,000,000 POLICY PRO LOC A X AU TOMOBILE LIABILITY PHPK171635 07/01/2006 07/01/2007 D SINGLE LIMIT a 1 000 000 ANY AUTO ( accde $ , , ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) X X HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO EA ACC OTHER THAN $ AUTO ONLY: qGG $ EXCESS/UMBRELLA LUIBILITY EACH OCCURRENCE $ OCCUR ~ CLAIMS MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ B WORKERS COMPENSATION AND ' tdPU-WCt,00-2006 O1/O1/2006 O1/Ol/2007 WC STATU- X OTH- EMPLOYERS LIABILITY 500 000 ANY PROPRIETOR/PARTNERJEXECUTIVE - E.L. EACH ACCIDENT $ ~ OFFICER/MEMBER EXCLUDED? H d b E.L. DISEASE - EA EMPLOYE $ 500,000 es, escri e under 500 000 E.L. DISEASE -POLICY LIMIT $ ~ OTHER C Excess Worker's Comp H35-0402601 01/01/2006 01/01/2007 $25,000,000 X $500,000 DESCRIPTION OF OPERATIONS !LOCATIONS /VEHICLES !EXCLUSIONS ADDED BY ENDORSEMENT! SPECIAL PROVISIONS The City of Santa Ana, its officers, agent, emplyees, representatives, and volunteers are added as additional insured's as respects operations and activities of, or on behalf of the named insued, performed under contract with the City of Santa Ana. This insurance is primary and non contributing and shall not be canceled, limited in scope or coverage, or non-renewed until after thirty(30) days prior written notice has been given to the City of Santa Ana. City of Santa Ana Attn: Frank Hernandez P.O. Box 1988 Santa Ana CA 92702-1988 V/YI\ V CLL/i 1 1 V M /.~ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFQjt~ THE EXPIRATION /) DATE THEREOF, THE ISSUING INSURER tMLC-ERDEAVOR'TO MAIL jll DAYS WRITTEN "'-----'~~,"""" ^NOTICE TO THE CERTIFK:ATE HOLDER NAMED TO THE LEFT;BDrFAILORFTt1DDS03'FI74iL -IINPCSETN'08CIGATIOFrUR~/R8R77TOF'7~TIORDI7POFfTHEINSURET~ RS7~GEN'I5 OR AUTHORIZED REPRESENTATIVE n~ ., ACORD 25 (2001108) © ACORD CORPORATION 1988 t' CG 20 26 (Ed. 07 04) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Schedule Name of Additional Insured Person(s) or Organization(s): City of Santa Ana, its officers, agents, employees, representatives and volunteers Information required to complete this Schedule, if not shown above, will be shown in the Declarations. SECTION II - WHO IS AN INSURED is amended to include as an Additional Insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury," "property damage" or personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: A. in the performance of your ongoing operations; or B. in connection with your premises owned by or rented to you. ~~h_. Copyright, ISO Properties, Inc., 2004 CG 20 26 (Ed 07/04) PRO (Page 1 of 1) ~~ • ABSTAIN: None (0) ABSENT: Garcia, Pulido, Solorio (3) REPORTS 65.A. 4TH DISTRICT COURT OF APPEAL STATUS REPORT -CITY MANAGER Dave Ream, City Manager presented an update on the 4t" District Court of Appeal, and informed the Council that Mr. Clifford Ham, Principal Architect for the 4t" District Court will give a presentation at the next televised Council meeting. PUBLIC HEARINGS 75.A. COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FISCAL YEAR 2006-2007 Public hearing closed on March 6, 2006 regarding the proposed Community Development Block Grant (CDBG) Program and Budget for Fiscal Year 2006- 2007 Legal Notice published in the Orange County Register, La Opinion, and Nguoi Viet on February 17, 2006 and Tri-County Bulletin on February 16, 2006 Continued from the March 6, 2006 City Council Meeting by a vote of 5-0 vote (Pulido and Bist absent) Continued from the April 3, 2006 City Council Meeting by a vote of 7-0 Motion: 1. Approve the proposed fiscal year 2006-2007 Community Development Block Grant Program. Tab Human Reiatians Final No. Organization Commission, Amendments Funding Recommendations SOCIAL SERVICES 1 Achievement Institute of Scientific Studies 7 500 7,50 2 Assistance League of Santa Ana 16,000 16,000 3 Blind Children's Learning Center 18,000 18,000 • CONSENT CALENDAR CITY COUNCIL MINUTES 10 APRIL 17, 2006 • ~[ • PUBLIC HEARING 4 Bowers Museum 5,000 5,000 5 Boys & Girls Club of Santa Ana 27,000 2,000 29,000 6 CHCADA-La Familia 0 5,000 5,000 7 Cambodian Family, The 17,000 1,000 18,000 8 Career Beginnings of Orange County 14,000 4,000 18,000 9 Casa de Salud Family Health Clinic 10,000 10,000 10 City of Santa Ana, PRCSA-McFadden 77,000 -16,500 60,500 11 City of Santa Ana, PRCSA-Project Pride 177,000 -42,500 134,500 12 Colette's Children's Home 0 0 13 Community Service Program, Inc 0 7,500 7,500 14 Council of Orange County Society of St. Vincent de Paul 0 0 15 Council on Aging of Orange County 7,000 -1,000 6,000 16 Dayle McIntosh Center 8,000 8,000 17 Delhi Center 0 3,000 3,000 18 EI Centro Cultural de Mexico 10,000 10,000 19 EI Sol Science and Arts Academy 0 0 20 Feedback Foundation, Inc.-Meals on Wheels 17,000 5,500 22,500 21 Feedback Foundation, Inc.-Senior Lunch 17,000 5,500 22,500 22 HistArt H Renaissance Inst. 10,000 10,000 23 Hope Community Services, Inc. 0 0 24 Hotline of Southern California 5,000 5,000 25 Human Options 16,000 4,000 20,000 26 Info Link Orange County 5,000 -5,000 0 27 Kidsingers 10,000 3,000 13,000 28 Legal Aid Society of Orange County 5,000 1,000 6,000 29 Mariposa Women and Family Center 6,000 6,000 30 Mercy House Transitional Living Centers, Inc. 19,000 -9,000 10,000 31 National Council on Alcoholism & Drug Dependence -Orange County 19,000 1,000 20,000 32 National Heritage-Academy of International Dance 6,000 4,000 10,000 33 Orange County Bar Foundation- Addiction 6,000 6,000 34 Orange County Bar Foundation- Programa Shortstop 11,000 2,000 13,000 35 Orange County Crazies 10,000 10,000 36 Orange County High School of the Arts Foundation 7,000 -7,000 0 37 Orange County Human Relations Council-Common Ground 12,000 -7,000 5,000 CITY COUNCIL MINUTES 11 APRIL 17, 2006 „- C • PUBLIC HEARING 38 Orange County Human Relations Council-Heart of the Orange 10,000 -5,000 5,000 39 Orange County on Track 8,000 8,000 40 Orange County Teen Challenge 9,500 9,500 41 Orange County Youth Commission- Santa Ana Boxing 11,000 -3,000 8,000 42 Relampago Del Cielo, Inc 5,000 5,000 43 Saint Joseph Ballet 36,000 9,000 45,000 44 Santa Ana Friends for the Animals 8,000 -3,000 5,000 45 Santa Ana PD-Helicopter 167,000 38,000 205,000 46 Share Our Selves-SOS Comprehensive CARE p 0 47 Share Our Selves-SOS Free Med/Dental Clinic 12,000 -2,000 10,000 48 Sisters of St. Joseph of Orange-Taller San Jose 35,000 -1,000 34,000 49 Southwest Minority Economic Development Association 8,000 2,000 10,000 50 Think Together 13,000 -6,000 7,000 51 Thomas House Temporary Shelter 14,000 14,000 52 TKO Boxing Club 12,000 3,000 15,000 53 Vietnamese Community of Orange County, Inc. 12,000 12,000 54 WISE Place 5,000 7,500 12,500 55 Women Helping Women 5,000 5,000 56 Women's Transitional Living Center 5,000 5,000 57 Santa Ana Unified School District Police 0 0 TOTAL SOCIAL SERVICES 950,000 0 950,000 NON SOCIAL SERVICE 58 Administration 735,000 735,000 59 Fair Housing Council of Orange Count 72,396 72,396 60 General Planning 100,000 100,000 61 Section 108 Loan Repayment -Police Holdin Facilit 1,884,155 1,884,155 62 Fire Equipment 475,000 475,000 63 Neighborhood Sponsored Im rovements 50,000 50,000 64 Public Facilities Improvements/ADA 100,000 100,000 65 Parks and Recreation -Windsor Park lm rovements 400,000 400,000 66 Public Works -Neighborhood Street Im rovements 400,000 400,000 67 Code Enforcement 1,720,000 1,720,000 68 Paint Your Heart Out 90,112 90,112 CITY COUNCIL MINUTES 12 APRIL 17, 2006 ~~ • • PUBLIC HEARING ~ 69 ~ Rebuilding Together O.C. ~ 26,000 ~ 26,000 70 Multi-Family Rehab Loans 103,911 103,911 TOTAL NON SOCIAL SERVICE TOTAL SOCIAL SERVICE 6,156,574 950,000 7,106,574 7,106,574 2. Authorize the City Manager to submit the approved program to the United States Department of Housing and Urban Development for the City's fiscal year 2006-2007 allocation of Community Development Block Grant funds, and execute the grant agreement with the United States Department of Housing and Urban Development. 3. Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute agreements with nonprofit agencies and/or subrecipients awarded funds as part of the approved program. AGMT NO. 2006-092 -With nonprofit agencies and/or sub-recipients awarded funds as part of the approved program. MOTION: Christy SECOND: Alvarez VOTE: AYES: Alvarez, Bustamante, Bist, Christy (4) NOES: None (0) ABSTAIN: None (0) ABSENT: Garcia, Pulido, Solorio (3) Councilmember Garcia arrived at the meeting at 6:27 p.m. Agenda Item 20.A. taken out or order APPROPRIATION ADJUSTMENTS 20.A. APPROPRIATION ADJUSTMENT AND .AMENDMENT TO VARIOUS AGREEMENTS AND LAND EXCHANGES RELATING TO BOWERS MUSEUM EXPANSION AND STEADFAST COURTYARDS, L.P. 1. Approve an appropriation adjustment. (Requires 5 affirmative votes) 0 6,156,574 0 950,000 CITY COUNCIL MINUTES 13 APRIL 17, 2006