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HomeMy WebLinkAboutFEEDBACK FOUNDATION 7:~..::. a ,.._._. j AGREEMENT TERMINATION Please complete this form when the attached agreement is no longer in effect. s Return form to the Sr. Deputy Clerk of the Council (M-30). Ca11647-5238 if y `c~" 'g'ave may, questions. ~ ©" ----------------------------------------------------------------- The agreement with ~eeC~~u 1 ~~~ ~ , No. ~ `~~~ 0~1a-O~ was completed on ~,_.~ ~ ~ ~-] ,and final payment has been made. l Department: wn ti c,~„ Signature: v xV Date: SCI 07 City of Santa Ana Revised 8-7-03 Clerk of the Council ~~ ~ ~~ l~dSU~ANCE t7N Fitly dJ(7RK MAY PnOCEED Uf~TIL I SURAidC~ t.XP~RES ~~~ ~~ c~~r~-~ aF ~ouNC~~ ~~rE: ' :,'_ AGREEMENT BETWEEN THE CITY OF SANTA ANA AND FEEDBACK FOUNDATION, INC FOR USE OF A-2006-092-017 5/OS COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS This Agreement, is hereby made and entered into this I st 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 Feedback Foundation, Inc., 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 Ouarterly Disbursement. The amount granted to SUBRECIPIENT is $ 22,500("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 M 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 Keeping porting. SUBRECIPIENT shall keep and maintain complete and adequate records and reports to assist CITY in meeting and maintaining its record keeping responsibilities under the CDBG REGS, including the following: (1) Records a. Documentation evidencing program income requirements in conformity with 24 CFR 570.504(b((2)(i), (ii) and 24 CFR 570.503(b)(3) and 24 CFR 570.208(a)(2)(B) of the income level of persons and/or families participating in or benefiting by the SUBRECIPIENT program. b. Documentation of the number of persons and/or families participating in or benefiting by the SUBRECIPIENT program. c. Household information shall include number of persons, identification of head of household, race/ethnicity, and income verification. d. Documentation of all CDBG FUNDS received from CITY. e. Documentation of expenses as identified in the Budget Proposal, including evidence of incurring the expense, invoices for goods or services, copies of any and all contracts or documentation pertaining to costs for subcontractors, plus all other invoices for which CDBG FUNDS were expended, and any payments therefor. f. Any such other related records as CITY shall reasonably require or as required to be maintained pursuant to the CDBG REGS. (2) Reports (i) Payment Request. Concurrently with the submittal of each quarterly report, on or before the 15th day of October, January, April and July, SUBRECIPIENT shall submit both: an original invoice and true copies of invoices, receipts, agreements, copies of any and all contracts or documentation pertaining to costs for subcontractors or other documentation supporting and evidencing how the CDBG FUNDS have been expended during the applicable quarter. 5/OS (ii) Quarterly Activity Report: SUBRECIPIENT agrees to keep monthly records of all ethnic and racial statistics of persons and families benefited by SUBRECIPIENT in the performance of its obligations under this Agreement, including, but not limited to, the number of low and moderate income persons and households assisted in accordance with federal income limits, the number of female heads of households assisted, new program information and year-to- date program statistics on expenditures, caseload and activities. J. Access to Records. CITY and the United State Government and/or their representatives shall have access for purposes of monitoring, auditing, and examining SUBRECIPIENT's activities and performance, to books, documents and papers, and the right to examine records of SUBRECIPIENT's subcontractors, bookkeepers and accountants, employees and participants in regard to said program. CITY and the United States Government and/or their representatives shall also schedule on-site monitoring at their discretion. Monitoring activities may also include, but are not limited to, questioning employees and participants in said program and entering any premises or any site in which any of the services or activities funded hereunder is conducted or in which any of the records of SUBRECIPIENT are kept. Nothing herein shall be construed to require access to any privileged or confidential information as set forth in federal or state law. K. Location of Records/Required Length of Record Keeping. All accounting records, reports, and evidence pertaining to all costs, expenses and the CDBG FUNDS of SUBRECIPIENT and all documents related to this Agreement shall be maintained and kept available at SUBRECIPIENT'S office or place of business for the duration of the Agreement and thereafter for five (5) years after completion'of an audit in conformity with the CDBG REGS's. Records which relate to (a) complaints, claims, administrative proceedings or litigation arising out of the performance of this Agreement, or (b) costs and expenses of this Agreement to which CITY or any other governmental agency takes exception, shall be retained beyond the five (5) years until complete resolution or disposition of such appeals, litigation claims, or exceptions. In the event SUBRECIPIENT does not make the above-referenced documents available within the city of Santa Ana, California, SUBRECIPIENT agrees to pay all necessary and reasonable expenses incurred by CITY in conducting any audit at the location where said records and books of account are maintained. L. Compliance with Law/Pro~'am 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. 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. Lobbying. 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 5/05 Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit a "Disclosure Form to Report Lobbying," in accordance with its instructions (see C-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 Twenty-Two Thousand Five Hundred Dollars ($ 22,500) 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. 8 5/OS III. NONDISCRIMINATION SUBRECIPIENT agrees that no person on the ground of race, age, color, national origin, religion or sex will be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with CDBG funds. IV. CONFLICT OF INTEREST Pursuant to the conflict of interest requirements set forth in 24 CFR 576.57 and OMB Circulars 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 5105 program, where the cost constitutes in dollar terms only an incidental portion of the CDBG expenditure for rendering the services under said program. VI. PROHIBITION OF NEPOTISM 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: Ret Wixted Executive Director Feedback Foundation-Meals on Wheels 1200 N. Knollwood Circle Anaheim, CA 92801 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 HARMLESS SUBRECIPIENT shall indemnify, defend and save harmless CITY, its officers, employees, agents, representatives and volunteers from and against any and all damages to or for loss of use of property and for injuries to or death of any person or persons, including property and employees or agents of CITY, and shall defend, indemnify and save harmless CITY, its officers, employees, agents, representatives and volunteers from and against any and all claims, demands, suits, actions or proceedings of any kind or nature, including, but not by way of limitation, workers compensation claims and including attorney fees and reasonable expenses for litigation or settlement, resulting from or arising out of the negligent or wrongful acts, errors or omissions of SUBRECIPIENT, its officers, directors, employees, agents, subcontractors and suppliers arising out of SUBRECIPIENT's performance of this Agreement. X. INSURANCE A. In accordance with the provisions of Section 3300 of the Labor Code, if SUBRECIPIENT has any employees it is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing performance of this Agreement, SUBRECIPIENT agrees to obtain and maintain employer's liability insurance with limits not less than $1,000,000 per accident. If SUBRECIPIENT has no employees, nor workers' compensation coverage, it must execute a Declaration available from the CITY, and update as is necessary. B. SUBRECIPIENT shall undertake self-insurance, or shall obtain, at its sole cost, a policy or policies of commercial general liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall: (1) name the City of Santa Ana, its officers, agents, representatives, employees and volunteers as additional insureds; (2) be primary with respect to insurance or self-insurance programs maintained by the CITY; (3) contain standard separation of insured's provisions; and (4) give to CITY prompt and timely notice of claim made or suit instituted arising out of SUBRECIPIENT's operations hereunder. SUBRECIPIENT shall: (a) prior to exercising any right under this Agreement, 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 may be retained, sold or otherwise disposed of with no further obligation to CITY. 2. Items of equipment with a current fair market per unit value of $5,000.00 or more may be retained or sold and CITY shall have the right to an amount calculated by multiplying the current market value or proceeds from the sale by CITY's share of federal funds used to acquire the equipment, in accordance with 24 CFR 85.32(e)(2). D. 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 parley, 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. ATTEST: ~~ i PATRICIA E. HEALY Clerk of the Council CITY OF SANTA ANA ~ /~ ~~~ t JtiDAVID N. REA City Manager APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney ( , ~ ~ ' .._ By: LISA E. STORCK Assistant City Attorney DATE: SUBRECIPIENT: am : et W' ed T'tl . Executive Director Tax ID: 95-2771715 16 City of Santa Ana Community Development Block Grant Scope of Work Name of Organization- Feedback Foundation Name of Funded Program- Home Delivered Meals 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. 1000PERSONS II. Number of Only unduplicated Santa Ana residents to be served by the funded program, named above, during the 12-month contract period. 420PERSONS 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 donation based Home Delivered Meals Program assists frail, at-risk Santa Ana older adults to reamin in their home following the on-set of a chronic or acute physical and/or mentally debilitating illness. Three meals are prepared and delivered Monday through Friday. Under the supervision and guidance of our Registered Dietician, all nutritional needs are addressed. Goal- Feedback Foundation projects to serve 420 unduplicated homebound older adults with meals and other suppport servies in 2006/2006. Feedback Foundation anticipates serving 205,000 meals to Santa Ana elders during 2006/07. 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. The primary source of funding for the Home Delivered Meals Program is the Older Americans Act. Over the course of the last ten years, funding for the Older Americans Act has increased by 16%. Howevere, those needing meals has increased by 44% indicating an actual decrease in funding. We are seeking fmancial support from the City of Santa Ana to assist us in closing the gap between fuding and costs. Because this program targets low income and minority residents, donations received from the participants do not begin to cover the costs. The average donation for the Home Delivered Meas Program in Santa Ana is $0.38. All CDBG funds used for this program will go strictly to the costs of raw food. 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: July 1 -September 30 189Persons Quarter 2: Octoberl -December 31 77Persons Quarter 3: January 1 -March 31 77Persons Quarter 4: April 1 -June 30 77Persons 420Total number of unduplicated Santa Ana residents to be served. (Must equal the number for II above.) Schedule of Invoicing Estimate the amount of grant funds to be requested during the 12-month contract period on a quarterly basis. Quarter 1: July 1 -September 30 $5,625 Quarter 2: Octoberl -December 31 $5,625 Quarter 3: January 1 -March 31 $5,625 Quarter 4: April 1 -June 30 $5,625 $22,SOOTotal 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. Instructions: From the list of activities below select the activity that best describes the purpose of the program that will be funded in fiscal year 06-07 by these grant funds. Two activities have multiple outcomes, therefore if "Senior Services" or "Youth Services" is selected, please select the one outcome that best describes the purpose of the funded program. ONLY if none of the activities listed adequately describe the funded program, please select that last activity "Low- and Moderate Income Services". Fulfillment Tracking HUD Objective to be fulfilled HUD Outcome to be fulfilled illustrated by HUD Indicator Specific Outcome Suitable Creating Activity/Program Outcome Tracking Goal Living Decent Economic Availability! Affordability Sustainabilit Indicator # Housing Accessibility (Please sec page 4 Environment pportuni[ie of 4 for desc.) nti-Crime Services rack the reduction in Reduce response time to esponsc time and the serious crimes in the City's umber of criminal Low- and Moderate-Income ^ apprehended as a result. area by at least 3 minutes . resulting in the apprehension of 1,500 criminals that may ~ ~ 2 otherwise escape. •'S-year goal to be achieved by FY 09/10 air Housing Services Provide fair housing service I. Provide fair housing and ongoing analysis of counseling, education and impediments to fair housing. enforcement services to 7,000 Santa Ana households. ~ ~ 2 "5-year goal to be achieved by FY 09/ 10 2. Annually assess actions to eliminate impediments to fai housin TT X ~ 2 g. omelcssncss Prevention mck assisted individuals 50 % of assisted individuals ho retained their housing or and households will retain lilities for at least 6 months their housing or utilities for ^ fter assistance was at least 6 months after ~ V 14 rovided. asststance is provided. A mergency Shelter rack individuals who 50% of eceived support services hat were linked to individuals/households that id ith d 12 or ^ one or ore additional support re prov w e emergency shelter will transition to Y V tee and/or appropriate mtertm housing (i.e., L 1 !~ A ~ ousing. transitional housing). 1 ` J ransitional Housing rack homeless individuals 5 % of homeless individuals ho participated in articipating in transitional ransitional housing program ousing program will be v v 2 ^ hat were placed in laced in permanent housing. A 11 anent housing. upporiive Services rack individuals who 50% of individuals/families eceived support services receiving support services hat were linked to one or will be linked to one or more ^ ore additional support additional support service X X 2 sernce and/or appropriate and/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 Activity/Program Outcome Tracking Goal Suitable Living Environment Decent Housing Creating Economic pportunitie Availability/ Accessibility Affordability Sustainabili Specific Outcome Indicator # (Please see page 4 of 4 for desc.) enior Services 1. Track assisted senior 1.80% of assisted senior itizens that remained citizens wilt remain ® 'ndependent for al least ] ear after services were independent for at least I ear after services are ~ ~ /1 L rovided. rovided. . Track seniors receiving 2. 90% of seniors receiving efermis that were linked to eCcrmis will be linked to the ^ he services sought. services sought. caner-Occupied umber of owners assisted Physical safety and comfort ousing Rehabilitation o rehabilitate their primary ill be improved for Low esidence for the following nd Moderate income ^ 'ncome categories: Extremely Low Income Very Low Income ouseholds by improving omes to a level that meets or exceeds HUD housing ~ ~ /'~ IJ.J Moderate Income quality standards. pedal Needs Categories Large Families mil Elderly Services rack frail elderly 90% of frail elderly ^ 'ndividuals that were linked o the services sought. individuals will be linked to the services sought. V L~ V L1 ///~~~ L isabled Services mck disables persons Support independent living ^ hose independent living as supported by City funds. for 90 % of disabled persons ssisted by City funds. V A V A /~ L erviccs for Mentally III mck individuals assisted 100 % of individuals assisted ith City resources that were ith City resources will be ^ rovided an entry point into rovided an entry point into he regional mental health are system and linked to at [he regional mental health are system and linked to at ~ `T X least one additional mental least one additional mental calth supportive service. ealth supportive service. ervices for Substance rack how many individuals Provide entry into the ddicted ith substance addiction in egional recovery system for ere provided an entry into 25 individuals with he regional recovery system substance addiction and link nd linked to additional ervrees. them to additional services. ""5-year goal to be ~ ~ ^ L achieved by FY 09/IO oath Services 1. Track improvement in 1. For education-based ^ re-test, post-test scores. rogmms, improve pre-test post-test scores by 50% V V /~ / r ^ Tmck number of individuals exposed to the fine arts. 2. Provide opportunities for xposure to the fine arts. ~ ~ /~ L ^ . Track children youth seeking refertals that were linked to the services sought. 3. 90% of children youth seeking referrals will be linked to the services sought X X /'~ G ow- and Modemte- mck program participants 90 % of program participants ncome Services ^ hat were linked to services ought. ill be linked to services sought. ~7 L~ v A Exhibit A-1 Page 2 of 4 Description of Outcome Tracking System: Please describe your organization's outcome tracking system that will enable you to fulfill the outcome selected above. In Feedback Foudnaiton's Home Delivered Meal Program approximately 205,000 home meals will be provided to a projected 420 unduplicated persons age 60 and over that are experiencing acute chronic health problems which inhibit their abitlity to provide for their own nutritional needs. Not all people remain on the program, many times these people become able to care for themselves. An added bonus of delivery meals is that the paid driver provides a consistent social contact and is another way to check on the welfare of the client. Receiving home delivered meals is foten the only source to meet nutritional needs. Methodology Objective: 1. To alleveiate poor nutrition among low-income elderly Task/Action: Deliver three nutritional meals per day to elders who are unable to shop for food or prepare their own meals. 2. To prevent premature institiutionalization Task/Action: Home Delivered Meals are often a key in allowing one to return home after hospitalization after an acute illness or accident. 3. Reduces social isolation through daily contact and monitors clients' health and functioning along with linking the client to other resources. Task/Action: Paid drivers, who are trained to be aware of clients' physical and mental well being, will be delivering meals daily. 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 Feedback Foundation Program Name Home Delivered Meals Expenditures Expenses Funded by Expenses Funded Total Program Total Organizational Cate ory Santa Ana CDBG b Other Sources Bud et Bud et Administrative Staff Salaries & Benefits $ 77,000 $ 77,000 $ 300,000 Program Staff Salaries & Benefits $ 628,000 $ 628,000 $ 3,300,000 Contractual/Professional Services: List below 1 Caterer $ 25,000 $ 25,000 $ 330,000 2 $ - 3 $ - Office Su lies $ 25,000 $ 25,000 $ 90,000 Rent $ 76,000 $ 76,000 $ 290,000 Communications $ 19,000 $ 19,000 $ 50,000 Utilities $ 45,000 $ 45,000 $ 110,000 Insurance $ 24,000 $ 24,000 $ 80,000 Other:List below 1 Raw Food $ 22,500 $ 482,500 $ 505,000 $ 1,550,000 2 Program Supplies $ 180,000 $ 180,000 $ 530,000 3 In-Kind $ 112,000 $ 112,000 $ 270,000 4 $ - 5 $ - Total $ 22,500 $ 1,693,500 $ 1,716,000 $ 6,900,000 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 Sana Ana CDBG $ 22,500 Federal Title III Grant $ 798,000 Nutrition Incentive Pro ram $ 181,000 Pro'ect Income/ Senior Donations $ 465,000 Other Donations/ Cit Funding $ 136,000 In-Kind $ 112,000 Total Funds for Program $ 1,714,500 tXhlblt t3 Page 1 of 1 2006-2007 Funded Personnel Name of Organization: Name of Program ADMINISTRATIVE STAFF FeedBack home meals Position Title Annual Salary Annual Benefits Total Compensation CDBG Funds Requested for this position % of time spent on funded ro ram Of this time percent of time serving Santa Ana % of Total Compensation Eligible $ - 0% $ - 0% $ - 0% $ - 0% $ - 0°/ $ - 0% $ - 0% $ - 0% $ - 0% Total Amount Re uested $ - Must equal amount indicated on Exhbit B PROGRAM STAFF Position Title Annual Salary Annual Benefits Total Compensation CDBG Funds Requested for this position % of time spent on funded ro ram Of this time percent of time serving Santa Ana % of Total Compensation Eligible $ - 0% $ - 0% $ - 0% $ - 0% $ - 0% $ - 0% $ - 0% $ - 0% $ - 0% Total Amount Re uested $ - Must equal amount indicated on Exhbit B CONTRACTUAL/PROFESSIONAL SERVICES Position Title Annual Contract Amount Annual Benefits Total Compensation CDBG Funds Requested for this position % of time spent on funded ro ram Of this time percent of time serving Santa Ana % of Total Compensation Eligible $ - 0% $ - 0°/ $ - 0% $ - 0% $ - 0% $ - 0% $ - 0°/ $ - 0% $ - 0% Total Amount Re uested $ - Must equal amount indicated on Exhbit B ***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. Feedback Foundation Home Delivered Meals Grantee/Contactor Organization Mandy Houghtalin~ Name of Certifying Program Title 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 ACORD~, CERTIFICATE OF LIABILITY INSURANCE °'°'o8,r3o>zoo6 •-ROOUCER Set~lal ~ i00478 MAGUIRE ~iSURANGE AGENCY LJCf037764s THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMA7fON ONLY AND !X)NFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR ALTER 7}1E COVERAGE AFFORDED BY THE POLICIES BELOW. 27101 PUERTA REAL, 3'IE 20D MISSION VIE,10, CA 92691 prSURER3 AFFORDING COVERAGE NAiC/ MISURER ~ PHMDELPFMA INDEMNITY INSURANCE FEEDBACK FOUNDATION, INC +~~ ~ 1200 N KNOLLWOOD CIRCLE pISURFR ~ ANAHEIM, CA 92801 wsuvt:R nsur~x ~ COVERAGES THE POLICIES OF DANCE LISTED BELOW HAVE BEEN SUED 70 7HE 11i511RFD NAMED ABOVE FOR THE PODGY PERIOD INDICATED. NOTYYITFiSTANDgdf3 ANY REQUNT:1'ERAA OR CONDITION OFANY CONTRACT OR OTHER DOCUI~EM WITH RESPECT TO MIFpCH TFi1S CERTffICATE MAY SE !S'SUED OR MAY PEI:'CAN1, THE DISUTLUlCE AFFORDED BY THE POIK:ES DESCRMED HEREIN IS SUBIECT TO ALL TH£ TERMS EXCll151O~ AND CONDRIONS OF SUCH POLICIES, AGGREGATE LIINTS SHOWN MAY HAV£ BEEN REDIJCm BY PAID CLAgA3. wao~L TYPEOFWSURANClf POLICYMUI~EIt ~~ Po ~Y L11MTS GENERAL LNBIlIY EACH OCCUt~TICE s 1000000 A X C~1Al~W1.6E-ERAlL1ABNJiY PHPK177613 07/0'!12006 0710i/2007 RExTED s 100,000 clAnls MADE ~X occuR MED acv on. s 5000 X PROFESSIONAL L4481LffY PERSONAL. s AON s+xurr • s 1.000.000 susLFALNCOENT>rma.aGO GLB~RALAOGREGATLs s 2,000000 G@ILACst,~il1'tEUMTAPPLE3PER PRODUCTS-COMPAOPABO i . Z,000,OOO POLICY IOC ~ PHPK177613 071901/2006 07101/2007 slNr~uMIT A X ANrAVro s 1,000,000 Au owINED Athos AUTOLi ~ w s HLRED AUTOS BODILY INJURY NO/FOVMI®AIJTO.S ~ ac~Iduiq = s SARAGEIIABIUTY WA AUTO OIrLY - EA ACCbEtii i ANYAtJTO OTC Tr1AN FA ACC S AUTO ONLY: AGO ; ~~LJAL~Y PHUB065601 07/01/2006 07/0'IR007 ~O s 1000000 A X ocaR ~CLAIMSMADE AGGREGATE s 1,000,000 s DL~ucTIBLE s RETENTION s 10,000 s worocrxs COIl4^E-iSATIONA1D WA »~vYERSr LJABpJIY ~y ~ EACH ACCOENT s oFrtICER+o~ERalauDEm EiLMSFJISE-EA EMPL.O~YEE s d°"'e`P bebw H. DISEASE - POLICY uMrr s A oTI>ER PROPERTY CRIME PHPK177613 07!01/2006 07/01/2007 BUILDING: 51,297,100 EMPLOYEE DISHONESTY: 5100,000 ?HEFT IWOUT: 51,000/5'1,000 eescRlvraNOl~ovEw-TaNS~low AUDEDBY PRaVmolls CANCELLATION EXCEPTION: 10 DAY N07'ICE FOR NON-PAYMENT OF PREMIUM THE CITY OF SANTA ANA; ITS OFFICERS, EMPLOYEES, AGENTS, VOLUNTEERS AND REPRESENTATNES ARE NAMED AS ADDITIONAL INSUREDS WITH REGARDS TO LIABILITY AND DEFENSE OF SUITS ARISING FROM THE OPERATIONS AND USES PERFORMED BY OR ON BEHALF OF THE NAMED INSURED. CERTIFICATE HOLDER ELLATiON THE CITY OF SANTA ANA 20 CHIC CENTER PLA7A SANTA ANA. CA 92701 ` . SHOULD ANYOF THE ABOVE DESCRIED PDLICIES BE CANCELLED eEFORE TtiE E>~IttATION DJ1TE THEREOF 'IFiE ~SUWO MiStJREJt WA.L ENDEAVOR TO MAIL ~ DAYStNPoT'TEM NOTICE TO THE CERTIFICATE taLOat NAMED 7o THE LIFT BLIT FAILURE TO oo so sllAtl ulPOSE NO OBUCiATION OR LIABILJi'Y OF ANY KIND UPON THE ruuRER ITS AGFMS OR RE>'~RESEKTATNES. 2_ AUTIglitifD REP~SBITA ACORD 25 (2009108) I "~ ~ ®ACOR~CORPORATION 1988 EXHIBIT B ADDITiflNAL INSURED ENDORSEI~IENT ~,QR C01~2~RCIAL GENERAL LIABILITY I'4LiCY Instuance Company I'hi'].adelphia Idesmity 7nsur`an~ce Cflmparly This ~lorsement modifies such insurance as is afforded by the provisions of Policy # pRplt177613 __ relating to the following: . 1. Then City of Santa Ana, 20 Cn+ie Center Plaza, Santa Ate, ornia 92701:; its officers, employees, agents, vohmteers and representatives are n~ned as~acl<#itio~l~iris~n~els {"additional• insureds") wig regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. . 2. Witb respect tQ claims arising opt of the operations and ases pexfo~mecl:b~€:c~:r-off bcbalf ofthe na~nried insured, such u~urance as is affordal by this policy is primers and is riot additional to or co3ntn"butiag with any other instuance carried by ar for ttie be~etii of tFic - additionalinsureds. 3. This insurance applies separately to each insured again wlxrm claim is ioiade,or. suit is brought except with respect to the caaa-pany's limits of liability. ?he inch~sion of any - . person or organization as an insured shall not affect any right which such person or ortipn would have as a clamant ifno# so included. ~. With respect to the additional insureds, this insurance sfiall not be-celled; or materially rodnce~ is~ coverage or limits except after thirty (30) days written notice lias l~nr given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92741. (Completion of the following, including countersignatures is required to make this endorsement- - effective) . Effective' 0710~/2~ ~ _,,, this endorsement form as a part of Policy 1# PHP'Kj.77bL~= . ~ ~ _ . Issued to FeecBaa~ck otn .. Named Insured .. Countersigned by _~ S ~ /_L____ Authorized Representative w ' • CERTHOLD~~PY SC STATE P.O. BOX 420807, SAN FRANCISCO,CA 94142-0807 COMPENSATION INSURANCE FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 07-01-2006 GROUP: POLICY NUMBER: 1638989-2006 CERTIFICATE ID: 64 CERTIFICATE EXPIRES: 07-01-2007 07-01-2008/07-01-2007 CITY OF SANTA ANA SC COMlL1NITY DEVELOPMENT AGENCY M-25 P 0 BOX 1988 SANTA ANA CA 82702 This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer. We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter tfie coverage afforded by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy. THORIZED REPRESENTATI PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: 51,000,000 PER OCCURRENCE. ENDORSEMENT X0015 ENTITLED ADDITIONAL INSURED EMPLOYER EFFECTIVE 2005-07-01 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. NAME OF ADDITIONAL INSURED: CITY OF SANTA ANA ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 07-01-2003 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. EMPLOYER FEEDBACK FOUNDATION, INC DBA:FEEDBACK SC FOUNDATION, INC 1200 N KNOLLWOOD CIR ANAHEIM CA 92801 T --~, e ''">l~ ._ 1:~~: M0408 ` PRINTED 06-19-2006 IREV.z-05) RECEIVEQ JUN 2 g Z~ ~-