HomeMy WebLinkAboutNATIONAL HERITAGE FOUNDATION 4
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AGREEMENT TERMINATION
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Please complete this form when the attached agreement is no longer in effect.
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Signature:
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Department:
Date:
Revised 8-7-03
City of Santa Ana
Clerk of the Council
A-2006-092-027
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AGREEMENT BETWEEN THE CITY OF SANTA ANA AND
NATIONAL HERITAGE FOUNDATION FOR USE OF
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 National Heritage Foundation, a California nonprofit corporation ("SUBRECIPIENT").
WII!'!.!;L~HIH
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 570208).
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
SUB RECIPIENT pursuant to this Agreement.
E. The CITY and SUB RECIPIENT have duly executed this Agreement for the expenditure of
such funds; and
WHEREFORE, it is agreed by and between the parties that the foregoing Recitals are a
substantive part of this Agreement and the following tenus and conditions are approved and
together with all exhibits and attachments hereto, shall constitute the entire Agreement between the
CITY and SUBRECIPIENT:
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I. SUBRECIPIENT'S OBLIGATIONS
A. Non-Profit Status - Representations and Warranties.
(a) Authority. SUB RECIPIENT is a duly organized and existing non"profit corporation
in good standing and authorized to do business under the laws of the State of California.
SUBRECIPIENT has full right, power and lawful authority to accept the funding hereunder and
to undertake all obligations as provided herein and the execution, performance and delivery of
this Agreement by SUB RECIPIENT has been fully authorized by all requisite actions on the part
of SUBRECIPIENT.
(b) Experience. SUBRECIPIENT is a qualified provider of the services to be provided
hereunder.
(c) Familiarity With Services Required. By executing this Agreement,
SUB RECIPIENT 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 SUB RECIPIENT is a party
or by which it is bound.
(e) No Bankruptcy. SUB RECIPIENT is not the subject of any current or threatened
bankruptcy proceeding.
(I) No Pending Legal Proceedings. SUBRECIPIENT is not the subject of a current or
threatened litigation that would or may materially affect SUBRECIPIENT'S performance under
this Agreement.
(g) Application Veracity. All provisions of and infonnation provided in
SUBRECIPIENT'S application for funding submitted to CITY including any exhibits are true
and correct in all material respects.
(h) No Pending Investigation. SUB RECIPIENT is not aware that it is the
subject of any current or threatened criminal or civil action investigation by any public agency,
including without limitation a police agency or prosecuting authority, that would relate to affect
performance of the Agreement or provision of services hereunder.
B. Amount of Grant and Ouarterlv Disbursement. The amount granted to
SUBRECIPIENT is $ 10,000("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 SUB RECIPIENT on a quarterly basis (October, January, April and July) subject to and upon
receipt and approval ofa complete quarterly activity report from SUBRECIPIENT, with the final
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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. SUB RECIPIENT shall be obligated to perform such duties as would nonnally 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. SUB RECIPIENT agrees to use all federal funds provided by CITY to
SUB RECIPIENT 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 SUB RECIPIENT hereunder.
D. Allowable Costs. SUB RECIPIENT 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 ref,'1I1ations to operate said program. Said amounts shall include, but not be limited
to, wages, administrative costs, and employee benefits comparable to other similarly situated
employees. Other allowable program costs are detailed in the Budget, as set forth in "Exhibit B,"
attached hereto and by this reference incorporated herein. SUB RECIPIENT shall use all income
received from said funds only for the same purposes for which said funds may be expended
pursuant to the terms and conditions of this Agreement.
E. Licensing. SUB RECIPIENT agrees to obtain and maintain all required licenses,
registrations, accreditation and inspections from all agencies governing its operations.
SUB RECIPIENT shall ensure that its staff shall also obtain and maintain all required licenses,
registrations, accreditation and inspections from all agencies governing SUB RECIPIENT's
operations hereunder. Such licensing requirements include obtaining a City business license, as
applicable.
F. Zoning. SUB RECIPIENT 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.
SUB RECIPIENT 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 tennination 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-IlO requirements. SUB RECIPIENT is not required to maintain separate
depository accounts for CDBG FUNDS; provided however, the SUBRECIPIENT must be able to
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account for receipt, obligation and expenditure of CDBG FUNDS pursuant to applicable OMB
Circular A-II 0 requirements.
H. Audit Report Requirements. SUB RECIPIENT agrees that if 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 I of the
year following the program year in which this Agreement is executed.
1. Record Keeping/Reporting. 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:
(I) 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 SUB RECIPIENT program.
b. Documentation of the number of persons and/or families participating
in or benefiting by the SUB RECIPIENT program.
c. Household infonnation 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, SUB RECIPIENT 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.
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(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 oflow and moderate income persons
and households assisted in accordance with federal income limits, the number
of female heads of households assisted, new program information and year-to-
date program statistics on expenditures, case load and activities.
J. Access to Records. CITY and the United State Government and/or their representatives
shall have access for purposes of monitoring, auditing, and examining 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 Keeoing. All accounting records,
reports, and evidence pertaining to all costs, expenses and the CDBG FUNDS of
SUB RECIPIENT and all documents related to this Agreement shall be maintained and kept
available at SUBRECIPIENT'S office or place of business for the duration of the Agreement and
thereafter for five (5) years after completion of an audit in conformity with the CDBG REGS's.
Records which relate to (a) complaints, claims, administrative proceedings or litigation arising
out of the performance of this Agreement, or (b) costs and expenses of this Agreement to which
CITY or any other 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, SUB RECIPIENT agrees to pay all necessary and reasonable expenses
incurred by CITY in conducting any audit at the location where said records and books of account
are maintained.
L. Compliance with Law/Program Income. SUB RECIPIENT 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
SUB RECIPIENT shall be returned to CITY unless otherwise provided for in this Agreement.
SUB RECIPIENT agrees to comply fully with all federal, state and local laws and court orders
applicable to its operation whether or not referred to in this Agreement.
M. Standing. SUBRECIPIENT shall be in good standing, without suspension by the
California Secretary of State, Franchise Tax Board and Internal Revenue Service. Any change in
the corporate status or suspension of SUB RECIPIENT shall be reported immediately to CITY.
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N. Confidentiality. Without prejudice to any other provisIOns of this Agreement,
SUB RECIPIENT 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
SUB RECIPIENT, 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. SUB RECIPIENT agrees that if
S UBRECIPIENT violates any of the terms and conditions of this Agreement or any prior
Agreement whereby CDBG funds were received by SUBRECIPIENT, or if SUB RECIPIENT
reports inaccurately, or if on audit there is a disallowance of certain expenditures, SUB RECIPIENT
ai,'fees 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 justiry
expenditure of the CDBG funds granted hereunder, SUB RECIPIENT shall be required to reimburse
the CITY of all such funds that were obtained/spent under fraudulent circumstances.
Q. Equipment. SUBRECIPIENT agrees to maintain a record for each item of non-
expendable personal property acquired under the terms of this Agreement. 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 entertaimnent, meals or gifts.
S. Lobbving. SUBRECIPIENT certifies that it will comply with federal law (31
U.S.C. 1352) and regulations found at 24 CFR Part 87, which provide that no appropriated funds
may be expended by the recipient of a federal contract, grant, loan or cooperative agreement to pay
any person for influencing or attempting to influence an officer or employee of any agency,
Member of Congress, or an officer or employee of a Member of Congress in connection with
awarding of any federal contract, the making of any federal grant or loan, entering into any
cooperative agreement and the extension, renewal, amendment or modification of any federal
contract, grant, loan or cooperative agreement. S UBRECIPIENT shall sign a certification to that
effect in a form as set forth in "Exhibit C," attached hereto and by this reference incorporated herein.
SUB RECIPIENT shall submit said signed certification to CITY prior to performing any of its
obligations under this Agreement and prior to any obligation arising on the part of CITY to pay any
sums to SUBRECIPIENT under the tenns 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
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Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the
undersigned shall complete and submit a "Disclosure Form to Report Lobbying," in accordance
with its instructions (see C-I).
T. Financial Interest. SUB RECIPIENT agrees that except for the use of CDBG funds
to pay salaries and other related administrative or personnel costs, no persons who exercise or have
exercised any function with respect to CDBG activities assisted under the terms of this Agreement,
or who are in a position to participate in a decision-making process or gain inside information with
regard to such activities, may obtain a financial interest or benefit from a CDBG-assisted activity of
SUB RECIPIENT, either for themselves or those with whom they have family or business ties,
during their tenure or for one year thereafter. This prohibition applies to any person who is an
employee, agent, consultant, officer, or elected or appointed official of CITY, or of
any designated public agencies, or the SUBRECIPIENT.
U. Davis-Bacon Act. All laborers and mechanics employed by contractors or
subcontractors in the performance of construction work, including alterations and repairs, in excess
of $2,000.00, financed in whole or in part with federal funds shall be paid wages at rates not less
than those prevailing on similar construction in the locality as determined in accordance with the
Davis-Bacon Act, as amended, 40 U.S.C. sections 276a - 276a-5. Any such construction contract
shall include and comply with the required contract provisions and rules set forth in 29 C.F.R. 95.5.
Further, the payroll reports (along with the "Statement of Compliance") and basic records are
required to be maintained and submitted, or made available, pursuant to 29 C.F.R. 95.5(a)(3). No
payment, advance, grant, loan or guarantee of funds shall be approved by the federal agency unless
there is on file with the agency a certification by the contractor that the contractor and its
subcontractors have complied with the provisions of 29 C.F.R. 95.5. A breach of the contract
clauses in 29 C.F.R. 95.5 may be grounds for termination of the contract, and for debarment as a
contractor/subcontractor, as provided in 29 C.F.R. 95.12. Labor standards interviews/investigations
shall be made as necessary to assure compliance [29 C.F.R. 95.6(a)(3)].
V. Drug Free Workolace. SUBRECIPIENT certifies that it has established the following
drug-free workplace policy:
I. 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 S UBRECIPIENT will be required to:
a) Abide by the terms above in statement I.
b) Notify appropriate officials of SUB RECIPIENT and CITY officials of
any criminal drug statute conviction for a violation occurring in the workplace not
later than five days after such conviction.
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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 OBLIGA nONS
A. Payment of Funds. Upon execution of this Agreement by SUBRECIPIENT, CITY shall
pay to SUBRECIPIENT from CDBO funds, when, if and to the extent received from HUD, for
CITY's 2006-07 CDBO program year amounts expended by SUB RECIPIENT in carrying out said
program for fiscal year 2006-07 pursuant to this Agreement up to a maximum aggregate payment
ofTen Thousand Dollars ($ 10,000) in installments determined by CITY. Payments shall be made
to SUB RECIPIENT 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 ofthis Agreement and that
SUB RECIPIENT is in compliance with the terms and conditions oftms Agreement.
B. Audit of Account. CITY shall include an audit of the account maintained by
SUB RECIPIENT in CITY's annual audit of all CDBO 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
SUB RECIPIENT against goals and perfom1ance 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 SUB RECIPIENT within a
reasonable period of time after being notified by the CITY, contract suspension or termination
procedures will be initiated.
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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-II 0, SUBRECIPlENT agrees that no officer, employee, agent or assignee of
CITY having direct or indirect control of any CDBG monies granted to the CITY, inclusive of the
subject CDBG FUNDS, shall serve as an officer of SUB RECIPIENT. Further, any conflict or
potential conflict of interest of any officer of SUB RECIPIENT shall be fully disclosed in writing
prior to the execution of this Agreement and said writing shall be attached and deemed fully
incorporated as a part hereof. Notice shall be sent by SUBRECIPIENT to CITY regarding any
changes or modifications to its board of directors and list of officers.
V. SPECIAL CERTIFICATION FOR RELIGIOUS ENTITIES
If SUB RECIPIENT is a religious entity, SUB RECIPIENT 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 ofreligion and
shall not limit such services or give preference to applicants for such services on the basis of
religion.
C. SUB RECIPIENT 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 ofreligion as set forth in the establishment clause under the First Amendment of the
United States Constitution and Article I, Section 4 of the California Constitution, and is not in any
manner intended to restrict other activities of SUB RECIPIENT.
D. Where the services to be provided under said program are rendered on property
owned by the primarily religious entity SUB RECIPIENT, 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
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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
SUB RECIPIENT agrees not to hire or permit the hiring of any person to fill a position
funded through this Agreement if a member of that person's immediate family is employed in an
administrative capacity by SUBRECIPIENT. For the purposes of this section, the term "immediate
family" means spouse, child, mother, father, brother, sister, brother-in-law, sister-in-law, father-in-
law, mother-in-law, son-in-law, daughter-in-law, aunt, uncle, niece, nephew, stepparent and
stepchild. The term "administrative capacity" means having selection, hiring, supervisor or
management responsibilities.
VII. NOTICES
Notices to the parties shall, unless otherwise requested in writing, be sent by u.s. Mail,
postage prepaid, and addressed as follows:
TO CITY:
City of Santa Ana
Community Development Agency (M-25)
20 Civic Center Plaza
P.O. Box 1988
Santa Ana, California 92702-1988
TO SUBRECIPIENT:
Sonia Miskulin
Director
National Heritage Foundation-Academy ofInternational Dance
220 E. 4th Street, Ste 202
Santa Ana, CA 92701
VIIl. ASSIGNABILITY
None of the duties of, or work to be performed by, SUBRECIPIENT under this Agreement
shall be subcontracted or assigned to any agency, consultant, or person without the prior written
consent of CITY. SUBRECIPIENT must submit all subcontracts and other agreements that relate
to this Agreement to CITY. No subcontract or assignment shall terminate or alter the legal
obligations of SUB RECIPIENT pursuant to this Agreement.
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IX. HOLD HARMLESS
SUBRECIPIENT shall indemnifY, defend and save harn1less 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 SUB RECIPIENT 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: (I) name the City of Santa Ana, its officers, agents,
representatives, employees and volunteers as additional insured's; (2) be primary with respect to
insurance or self-insurance programs maintained by the CITY; (3) contain standard separation of
insured's provisions; and (4) give to CITY prompt and timely notice of claim made or suit
instituted arising out of SUBRECIPIENT's operations hereunder.
SUBRECIPIENT shall: (a) prior to exercising any right under this Agreement,
furnish properly executed certificates of insurance and additional insured endorsement to the
CITY which shall clearly evidence all coverages required above; (b) provide that such insurance
shall not be materially changed or tenninated 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 fue time of fue expiration of this Agreement as well as any accounts
receivable attributable to the use ofCDBG funds. [24 CFR 570.503(b)(8).]
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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:
I. 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 oftime 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:
I. 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
5/05
XII. TERMINATION
A. This Agreement may be terminated on thirty (30) days' written notice by either
party. In the event of such termination, SUB RECIPIENT shall only be entitled to reimbursement
for approved expenses incurred to the effective date of termination.
B. This Agreement may be suspended or terminated by CITY upon five (5) days'
written notice for violation by SUBRECIPIENT of Federal Laws governing the use of Community
Development Block Grant Funds. In the event of such suspension or termination, SUB RECIPIENT
shall only be entitled to reimbursement for approved expenses incurred up to the effective date of
suspension or termination.
C. Pursuant to 24 CFR 85.43, in the event SUB RECIPIENT 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 tennination, and except for reimbursement
of (I) 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 tenninated 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 XII.E., inclusive, SUB RECIPIENT agrees to immediately return to CITY upon CITY's
demand and prior to any adjudication of SUB RECIPIENT's rights, any and all funds not used, and
to comply with paragraph "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
5/05
reduce the budget of this Agreement as a whole or as to costs category, may limit the rate of
SUB RECIPIENT's authority to commit and spend funds, or may restrict SUB RECIPIENT's use of
both its uncommitted and its unspent funds. Where 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, SUB RECIPIENT shall be permitted to de-scope
accordingly. Where CITY has reasonable grounds to question SUB RECIPIENT'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 SUB RECIPIENT before it received notice of such revision, provided that
such amounts have been committed in good faith and are otherwise allowable and that such
commitments are consistent with HUD cash withdrawal guidelines.
XIV. EXCLUSIVITY AND AMENDMENT OF AGREEMENT
This Agreement supersedes any and all other agreements, either oral or in writing, between
the parties hereto with respect to the use of CITY's CDBG funds by SUBRECIPIENT and contains
all the covenants and agreements between the parties with respect to such employment in any
manner whatsoever. Each party to this Agreement acknowledges that no representations,
inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone
acting on behalf of any party, which are not embodied herein, and that no other agreement or
amendment hereto shall be effective unless executed in writing and signed by both CITY and
SUB RECIPIENT.
XV. LAWS GOVERNING THIS AGREEMENT
This Agreement shall be governed by and construed in accordance with the laws of the State
of California, and all applicable federal laws and regulations.
XVI. VALIDITY
The invalidity in whole or in part of any provision of this Agreement shall not void or affect
tlie validity of any other provision of this Agreement.
XVII. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the power,
authority and right to bind their respective parties to each of the terms of this Agreement, and shall
14
5/05
indemnifY CITY fully, including reasonable costs and attorney's fees, for any injuries or damages to
CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn.
b. All Exhibits and Attachments referenced herein and attached hereto shall be
incorporated as if fully set forth in the body of this Agreement.
c. No delay or omission by either party hereto to exercise any right or power accruing
upon any noncompliance or default by the other party with respect to any of the terms of this
Agreement shall impair any such right or power or be construed to be a waiver thereof. A
waiver by either of the parties hereto of any of the covenants, conditions, or agreements to be
performed by the other shall not be construed to be a waiver of any succeeding breach thereof
or of any other covenant, condition or agreement herein contained.
15
5/05
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the last date and
year written below.
ATTEST:
CITY OF SANTA ANA
PATRICIAE. HEALY
Clerk of the Council
DAVID N. RE
CIty Manager
APPROVED AS TO FORM:
JOSEPH W. FLETCHER
City Attorney
(5tI. ~ f. LJt~
By: LISA E. STORCK
Assistant City Attorney
SUBRECIPIENT:
DATE:
I V~1/a(,
;~'7~
Name: John T. Houk
Title: President
Tax ID: 58-2085326
16
City of Santa Ana
Community Development Block Grant
Scope of Work
Name of Organization- National Heritage Foundation fbo Academy ofInternational Dance
Name of Funded Program- The International Arts and Education Proiect
Annual Accomplishment Goal
I. Total number of un duplicated clients (Santa Ana and Non-Santa Aua Residents) anticipated to be served by
the funded program, uamed above, during the 12-mouth contract period.
500PERSONS
II. Number of only unduplicated Sauta Ana residents to be served by the funded program, named above,
during the 12-month contract period.
450PERSONS
Program and Funding Description
III. Description of Work - In the space below, describe the program to be funded during the 12-month
coutract period.
During the 12 month period, four hundred fifty (450) low-income children and youth from Santa Ana will receive excellent dance
training (ctiquettt:, dance terminology, exercises, technique, and choreographies). Students will also be given the opportunity to
appear and meet renown performers and dance companies in the annual World Fusion Dance Concert in 2007. Parents and students
will be provided health and nutritional classes by the American Heart Association and literacy/tutorial assistance by the Santa Ana
Main Public Library.
Fifty students of the 450 will be selected to become dancers of the World Fusion Youth Ensemble program. This program will
provide 50 students six free dance classes a week (polynesian, capoeira, flamenco, middle eastern, folklorico and lindy hoplhip hop)
and 25 students will receive an additional 2 workshop dance classes of Indian and Chinese folklore. These students will represent
the academy at all events.
Sixty-two ballet students, of which 46 arc Santa Ana students, will study for the Checchetti Society of the United States
examinationa and certification program. Four students will take grade exams and 58 will take standard exams in April 2007.
Following the exams, students will be given a ceremony presenting them their certificates in May 2007.
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 funds for the International Arts and Education Project will be used for the Dance Examination/Certification Program and the
World Fusion Youth Ensemble. The amount of $4,000 will go towards providing the students a certified Cecchetti instmctor for
their yll class for 10 months and $2,000 will cover part ofthe mandatory workshops and exam fees. The remaining $4,000 will be
applied to cover the cost of the instructors needed to teach for the World Fusion Youth Ensemble the differenct dances from around
the world.
Exhibit A
Page 1 of2
Schedule of Performance
Estimate the number of only unduplicated Santa Ana residents to be served by the funded program during the
12-month contract period per quarter. (How many new Santa Ana clients will be served each quarter.)
Quarter I: Julyl - September 30
Quarter 2: October! - December 31
Quarter 3: January I - March 31
Quarter 4: April I - June 30
225Persons
75Persons
75Persons
75Persons
450Total number of un duplicated Santa Ana residents to be served.
(Must equal the number for II above.)
Schedule ofInvoicing
Estimate the amount of grant funds to be requested during the 12-month contract period on a quarterly basis.
Quarter I: Julyl - September 30
Quarter 2: October! - December 31
Quarter 3: January I - March 31
Quarter 4: April I - June 30
$1360
$2125
$4465
$2050
$10.000Total Grant (Must equal the Total Program Budget
indicated on Exhibit B.)
Exhibit A
Page 2 of2
CITY OF SANA ANA
Community Development Block Grant
Outcome Tracking
IMPORTANT: The City of Santa Ana is in the process of incorporating the new HUD Performance
Outcome Tracking guidelines, therefore this section is subject to change in order to be compliant with
HUD regulations. lfthe 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 ifnone of the activities listed
adequately describe the funded program, please select that last activity "Low- and Moderate Income Services",
Fulfillment
Tracking HUn Objective to be fulfilled HUn Outcome to be fulfilled illustrated by
HVD Indicator
Suitable Creating Specific Outcome
Activity!Program Outcome Tracking Goal Living Decent Economic Availability! Affordability Sustainabilit Indicator #
Environment Housing Opportunitie Accessibility (Please see page 4
of4 fordesc.)
Anti-Crim~ S~rvi~~, Track th~ r~dudion in R~du~e respons~ time 10
response lime and lhe seri"u. crimes in th~ City',
numb~rof~l'iminal l..ow-andModerate.ln~ol11e
0 apprehended as a resull. ar~abyatleast3minules
re>ulling in the apprehension 2
ofl,500~riminalslhatmay X X
olherwiseescape.
.U5_yeargoall"b~
achieved by FY09/1O
FairHo",ingS~rvices Provide fair housing service 1.Proyjdefairhou.ing
and ongoing analysis of counseling, education and
impediments to fair housing. enforc~mrnt,erviceslo
0 7,000 Sanla Ana hou,~h"lds. X X 2
...5-yeargoal to be
acbieved by FY 09/10
2. Annually asse,., aclions 10
eliminate il11p~dimenl.< 10 fai X X 2
hOWling.
Homele..,'messPrevenlion Tracka.si'ledindividuals 50% of ass is led individuals
who retainedlh~irhousingor undbousehold.>willrelain
utilities foratl~ast6months theirhousingorutililiesror 14
0 uf\~rassislance wa, all~ast6monthsal\er X X
provided. 1l>>istullce is provid~d.
EmergeJ\~y Sh~ll~r Tra~kindividualswho 50% of 12
roccivedsuppon servi~~, individuabJhouseholdsthut or
that w~r~ linked lOon~ or areprovid~dwithemergen"y
0 more addilional support sbelter will lmnsilion to X X
<el'viceund/orappropriale illterimhow;ing(i.e., 13
bousing tmnsitionalhow;ing).
ramilionalJlousing Trackhomel~,.individuals 5%ofhomele..ind;v;duals
whopal'li~ipaledin participalinginlmn';tional 2
lransilionalhou,ingprograrn housing program will be X X
0 Ihal wer~placedin placed in permanenlhou.ing
permanent hO~LSing.
Supportive S~rv;ces Trackindividuul.who 50% of individuals/families
receivedsuppon.ervice, recewIOg.upponserv'cc'
Ihal werelil1kedloon~or will be linked to one or more 2
0 Illoreadditi"nal.upport addilional Suppol'l.ervi~e X X
.ef\'iceand/"ruppropriate and/orapproprialehou.sing
hou,ing.
Exhibit A-I
Page I of 4
Fulfillment
illustrated by
Trackin~ HUn Ob.ective to be fulfilled HUn Outcomes to be fulfilled HUn Indicator
Suitable Creating SpecificOulcome
Decent Availability! Indicator #
Activity/Program Outcome Tracking Goal Living Housing Economic Accessibility Affordabilily Suslainabilit (Please see page 4
Environment Opportunitie of4 fordesc.)
SeniurService, 1. Tmckas,istedsenior 1.80%ofassiste<.lsenior
cilizenslhmrelTIaine<.l cilizen,willremain
0 indepen<.lenlforalleasll independent for at least 1 X X 2
year anerservices were year anerservices are
provi<.le<.l provi<.led.
2. Tmck seniors re\:eiving 2,90%ofseniorsreceiving
referrals lhatwere linked 10 referrdlswillbelinke<.ltothe
0 ItheserviCe'SOUgh1. service, sought. X X 2
wner-Occupied I~umber of owners assisled Physical safely an<.lcomfmt
Housing Rehabilitation to rehabililale their primary will be improved for Low
resi<.lenceforlhefollowing an<.l Moderate income
incomecalegones hou.sehol<.ls by improving
0 -Extremely Low Income homes to a lcvel that meet.< 9
-Very Low Income m exceeds HUDhousing X X
-Moderate Income qualilysiamtmJs.
Special Needs Calegories
-LlrgeFamilies
FrailEl<.IerlyServices TmckJi-ailelderly 90% of frail elderly
indivi<.lual.; that were linked individual, will be linked to 2
0 10 the service"ooght. theservicessooght. X X
Disabled Services Track disables persons Sopporl illdependenl living
whose illdepencient living for 90% of disabled persolls 2
0 wassopportedbyCilyfilOds. w;sisledbyCilyfun<.ls. X X
Services tor Memal1y111 Tmck individuals assiste<.l 100% of individuals assisted
with Cily resources lhat were wilhCilyre,ourceswillbc
0 providedanenlrypointinlo provided an enlry point;l1l0 2
the regional menIal health the regional mental health X X
caresyslemandlinkedloal care syslem and Jinked to at
least one additional mental leasloneaddilionalmelltal
heallh 'upportive service. heallh supporlive service
Scrvice.forSub,tallce Tmck how many individoals Provideelllry into the
Addicle<.l with subslance addiction in regionaJ recovery syslem for
were provi<.IeJ an elltry inlo 2S ino.!ividuaJs with
lhe regional recovery system sobstancea<.ldiclionalldlink
0 and linked to additional themtoadditional,ervices. 2
services. X X
."S-yeargoallobe
achievedbyFY09ilO
oolh ~ervices 1_ Track improvemem ill I,l'ore<.localion-based
prc-lest,posHestscores. programs,improvepl'e_lest 2
0 post-teslscoresby50% X X
2. Track number ol" 2.Provideopporlulliliesfor
[gJ I~~dividuats exposed to lhe exposure to the fine arts. X X 2
fine arts.
I;i Trackchil<.lreniyouth J.9(I%ofchildren/youth
0 seeking referrals that were seekillg referrals will be X X 2
Ilinked to the services soughL linked to the services sooghl.
Low. and Mo<.lerale- ~,~'ckProgramparticipallts 90% of program participanl<
JncomeServices f"'''''hAA",",m;,,, will be linked to services 2
sought. sought. X X
0
Exhibit A-I
Page 2 of 4
Description of Outcome Tracking System:
Please describe your organization's outcome tracking system that will enable you to fulfill the outcome selected above.
The following is the procedure the Academy ofIntemational Dance uses to keep track of each student's progress:
1. Every student prior to starting classes fills out a registration fonn, agreement and survey. These fonns are placed in student's file
and student is then placed in appropriate level of class/es.
2. On a daily basis roll call is taken and then inputed into computer system.
3. At the end of the 1 st semester (Dec.), students are given a Progress Report Card and at the end of 2nd semester (May) they are givena
Final Report Card. These report cards allow parents to know how their child has progressed in class. Students are graded for
attendance, attire, etiquette, posture, exercise, technique, choreographies, homework responsibility, conduct, self-discipline, self.
confidence, peer compatibility and maturity. In addition, they are graded overall as a student and as a dancer. The final result is either
pass or fail.
4. All students perform in the winter recital "The Nutcracker" and the annual dance concert "World Fusion. Children perfonn with
professional artists in both shows.
Exhibit A-I
Page 3 of 4
Specific Outcome Indicators
2) Public service activities
Number of persons assisted:
. with new access to a service
. with improved access to a service
. where activity was used to meet a quality standard or measurably improved quality, report the number
that no longer only have access to substandard service
9) Owner occupied units rehabilitated or improved
Total number of units:
Number occupied by elderly
Number of units brought from substandard to standard condition (HQS or local code)
Number qualified as Energy Star
Number of units brought into compliance with lead safe housing rule (24 CFR part 35)
Number of units made accessible for persons with disabilities
12) Number of homeless persons given overnight shelter
13) Number of beds created in overnight shelter or other emergency housing
14) Homelessness Prevention
· Number of households that received emergency financial assistance to prevent
homelessness
· Number of households that received emergency legal assistance to prevent
homelessness
Exhibit A-I
Page 4 of 4
Program Year 2006-2007
Final Budget
Organization Name National Heritage Foundation fbo Academy of International Dance
Program Name The International Arts and Education Proiect
Expenditures
Expenses Funded by Expenses Funded Total Program Total Organizational
Cate 0 Santa Ana COBG b Other Sources Bud et Bud et
Administrative Staff
Salaries & Benefits $ $ 25,000 $ 25,000 $ 25,000
Program Staff Salaries &
Benefits
Contractual/Professional
Services: List below
Ensemble Instructors
2 Cecchettilnstructor $ 4,000 $ 8,200 $ 12,200 $ 12,200
3 Academy Instructors $ 27,800 $ 27,800 $ 27,800
Cecchetti Workshops &
Fees 2,000 3,000 5,000 5,000
Office Su lies 3,000 3,000 3,000
Rent 37,000 37,000 37,000
Communications gOO 900 900
Utilities 2,100 2,100 2,100
Insurance 1,300 1,300 1,300
Other:List below
$
2 Ensemble Costumes $ $ 5,000 $ 5,000 $ 5.000
3 RecitaJs $ $ 20,000 $ 20,000 20,000
4 $
5 $
Total $ 10,000 $ 133,300 $ 143,300 $ 143,300
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 $ 10,000
pendina Grants $ 5,000
SDonsors $ 5,000
Donationa/F u ndraisers $ 5,000
Perforrnances $ 17,000
Monthlv Contributions $ 101,300
Total Funds for Program $ 143,300
Exhibit B
Page 1 of 1
2006-2007 Funded Personnel
Name of Organization:
Name of Program
NationalHeritage FoundationfboAcadefuy.oflnternational'Dau'ce
The InterrtatiOIlal ArtS and EducationPtdject
ADMINISTRATIVE STAFF
Position Title Annual Annual Total CDSO Funds % of time Gfthis time % of Total
Salary Benefits Compensation Requested for spent on percent of Compensation
this position funded time serving Eligible
nrorrram Santa Ana
Sonia Miskulin $ 25 000 $ - $ 25 000 $ 50% 50% 25%
$ - 0%
$ - I 0%
$ - .. .... 0%
$ - .. ..... . 0%
$ - 0%
$ - .... 0%
... $ - 0%
$ - 0%
Total Amount Requested $ -
Must equal amount indicated on Exhbit B
PROGRAM STAFF
Position Title Annual Annual Total CDBG Funds % of time Gfthis time % of Total
Salary Benefits Compensation Requested for spent on percent of Compensation
this position funded time serving Eligible
nro2Tam Santa Ana
$ - 0%
$ - 0%
$ - 0%
$ - 0%
$ - 0%
$ - 0%
$ - 0%
$ - 0%
$ - 0%
Total Amount Requested $ -
Must equal amount indicated on Exhbit B
CONTRACTUAL/PROFESSIONAL SERVICES
Position Title Annual Annual Total CDSG Funds % of time Of this time % of Total
Contract Benefits Compensation Requested for spent on percent of Compensation
Amount this position funded time serving Eligible
oro2:ram Santa Ana
Polvnesian.lnstructor $ 4595 $ - $ 4595 $ 595 100% 100% 100%
Middle Eastemlristructor $ 1,910 $ 1910 $ 510 100% 100% 100%
Flamenco'Instructor $ 29lO $ 2910 $ 510 100% 100% 100%
Caooeira Instructor $ 2510 $ 2510 $ . 510 100% .... 100% 100%
LindvHoplHip Hop Instructor $ 735 .... $ 735 $ 735 100% .'100% 100%
African.Iristructor $ 595 $ 595 1$ . 595 100% 100% 100%
Indial1 & Chinese Instructors ...~ 345 $ 345 $ 345 . '100% 100% 100%
Cecchetti Instructor $ [2200 ..... $ 12,200 1$ 4200 100% 100% 100%
HuhtinQtofl AcademvofDance $ 2,0001 $ 2000 $ 2000 100% 100% 100%
Total Amount Requested $ 10000
Must equal amount mdlcated on Exhblt 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 I
Certification Regarding Lobbying
Certification for Contracts, Grants, Loans, and Cooperative Agreements
The undersigned certifies, to the best of his or her knowledge and belief, that:
(I) 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.
Grantee/Contactor Organization
Program Title
Name of Certifying Officer
Signature
Date
EXHIBIT C
Page I of2
SUB RECIPIENT warrants the following:
I. 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. SUB RECIPIENT will comply with all Federal statutes applicable to projects funded
with community development funds, except that (a) SUBRECIPIENT does not assume
CITY'S environmental responsibilities described at 24 CFR 570.604; and (b)
SUB RECIPIENT does not assume CITY'S responsibility for initiating the review process
under Executive Order 12372.
EXHIBIT C
Page 2 of2
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OACOIlI) CMl>oMA1.ON'_
~. d:a~.Jj~/l(J?!Jd
EY ANSTON INSURANCE COMPANY
CERTIFICATE NO.: 2007 -03
A-ZOj) If -/4-3
/I- ~ ~()() & - (/1.;2 -():1. 7
A -;;.00 5 - )t-fL.>
CERTIFICATE OF INSURA,'iCE
I<:XCLUDES COVERAGE FOR NOMINEE EVENTS. SEI<: SEPARATE APPLICATIONS FOR NOMINEE EVENTS.
SPECIAL EVENT LIABILITY PROGRAM:
II PRODUCER, PUBLIC ENTITY (ADDITIONAL INSURED)
City of Santa Ana
I AllIant Insurance Services, Inc. in conjunction with 20 Civic Center Plaza, :\1-28
Apex Insurance Services Santa Ana, CA 92701
I P. O. Box 6450
Newport Beach, CA 92658
(949) 660-8163
LIcense No, OC 36861
NAMED INSURED (EVENT HOLDER), EVENT INFORMATION,
National Heritage Foundation TYPE: Ballet Class
Academy of International Dance DATE(S): Jan. I. 07 - Det:. 31. 07
Sonia Miskulin LOCATION: Sale:ado Center and Memorial Park
220 E. 4th Street, Suile 202, Santa Ana, CA 92701 "Liquor Liabilitv after 2am 0
This is to certify that the policies of insurance listed below have been issued to the insured named above for the policy period
indicated. ~otwithstanding any requirements, terms or conditions 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. Limits shown may have been reduced by paid claims. ,
INSURANCE CARRIER: Evanston Insurance Company
MASTER POLICY NUMBER: 04SEPlOOOOOI
MASTER POLICY DATES: EFFECTIVE: JAl'.'UARY 1.2007 EXPIRATION: JANUARY 1.2008
COMMEI{ClAL GENERAL LJAHILlTY OCCURRENCE FORM DEDUCTIBLE: NONE
General Aggregate Limit S 2,000,000
Products & Completed Operations 1,000,000
Personal & Advertising mjury 1,000,000
Each Occurrence Limit 1,000.000
I Fire Damage (Any One Fire) 50,000
I Medical Payments (Any One Person) 5,000
,
The limits of insurance apply separately to each event insured by this policy as if a separate policy of insurance has bcen issued for that event.
I "Who is insured" is amended to include. as an insun:d, the person or organization shown in this schedule, but only with respect to liability arising out ofthl:
I ollonen.hip, maintenance or use of the premises used by the named insured (event holder). This insurance does not apply 10: Any "occurrence" which takes place
I after the event holder ceases to be a tenant in that premises
I OTHER ADDITIONAL INSUREDS -
@~@W\!
,
:1 G",~ m, ,,-" ~-" -- ",,,. .,..."". ~ .,",., - "-", """"~' ." "., '"'~ 00'''"""'' ~
certificate holder and addltlonal msureds hsted.
~;7~
AUTHORIZED REPRESENTATIVE
D\TE ISSUED: Januarv 4. 2007
Generated by Risk Management Division by: f:-.. I i7f~ ~/l/I.q /J j tA....-
CHECKLIST FOR PROCESSING
AGREEMENTS AND AMENDMENTS
i'/, ").)
"
C' .
'.
FROM:
DEPT.: Parks, Recreation & Community Services Agency
MAIL STOP:
/l.
"08
M-23.
TO:
CLERK OF THE COUNCIL OFFICE
CONTACT PERSON: Carla Thompkins
EXT.:
422'2,-
iri~_ill_I_I.II~illlllliti~iI_i*Bllel_illlllfMilli.If:IiI.i[_'1
AGREEMENT NUMBER (if amendment): A / N
A-2006-143
AMENDMENT NUMBER (if applicable): o 1ST o 2ND o 3RD 0
COUNCIL APPROVAL DATE:
AMOUNT: DOVER $25,000* (A) 1:8:1 UNDER $25,000* (N)
NAME OF CONSULTANT: National Heritage Foundation dba Academy of International Dance
TERM OF AGREEMENT: EFFECTIVE DATE: 6/19/06 TERMINATION DATE: 6/30/07
INSURANCE REQUIRED: o NO (Provide City Attorney Office approval)
1:8:1 YES
o AUTO 1:8:1 CGL (Commercial General Liability)
o PROFESSIONAL LIABILITY o WORKERS COMPENSATION
(INSURANCE APPROVAL REQUIRED BY CAO PRIOR TO SUBMITTING TO COTC)
SIGNATURES REQUIRED:
0 VENDOR 0 AGENCY (UNDER $25,000*)
0 CITY ATTORNEY 0 OTHER
COMMENTS: Attached City-provide insurance herewith for Clerk's Office files.
-.. -
- - - -
FOR CLERK OFFICE USE ONLY:
0 PROCESS 0 DO NOT PROCESS
0 MISSING CONTACT/PROJECT MANAGER INFORMATION
0 MISSING SIGNATURES
D NEEDS COUNCIL APPROVAL
0 OTHER
ADDITIONAL REMARKS:
..
--
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* Charter amendment effective December 21, 2006 for City Manager contract authority increase,
FRllt>t :AID
,
12/0112606 09:49
I
I
~;Aln
- ;
8316354948
FAX 1'0. : 714S509285
INTERWESr ii:LlISTER
Dec. 08 2006 1 el :.i2l=W1. P2
J
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