HomeMy WebLinkAboutEL CENTRO CULTURAL DE MEXICO
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AGREEMENT TERMINATION
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Please complete this form when the attached agreement is no longer
in effect. Return form to the Clerk of the Council Office (M-30), CITY
Call 647-5237 if you have any questions. ,ClEh,; C.
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Revised 07-23-07
INSURANCE ON FILE
WORK MA'I pROCEED
UNTIL INSURANCE EXPIRES
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CLERK OF COUNCIL
DATE: 7-31-07
o:cilA ('l.)
LUCY F[MeS
A-2006-092-016
5/05
AGREEMENT BETWEEN THE CITY OF SANTA ANA AND
El CENTRO CULTURAL DE MEXICO 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 EI Centro Cultural de Mexico, a California nonprofit corporation ("SUBRECIPIENT").
WH1'!g~~g!H
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 SUB RECIPIENT for the expenditure of CDBG
funds in accordance with Title 24, Part 570 of Code of Federal Regulations 24 CFR 570.000, et seq.
("CDBG REGS"); and
B. CITY has applied for and received CDBG funds from HUD pursuant to Title I of the
Housing and Community Development Act of 1974, Public Law 93-383, as amended ("ACT"); and
C. The SUB RECIPIENT is a private nonprofit agency that has been selected by the CITY
to receive CDBG funds and administer such financial assistance; and to provide the services
described in Exhibit A, in accordance with the schedule of performance included therein, hereinafter
referred to as "said program". SUB RECIPIENT represents that it is qualified and willing to operate
said program and certifies that the activities carried out with funds provided under this Agreement
will meet one or more of the CDBG program's National Objectives (24 CFR Part 570.208).
D. SUBRECIPIENT agrees that it will adhere to the performance measurements and
outcomes as indicated on Exhibit B-1 (Outcome Tracking). Failure to follow the measurements
and meet the stated outcomes may constitute breach of contract that could result in termination
of this Agreement or serve as reason for the City to recapture the grant funds awarded to
SUBRECIPIENT pursuant to this Agreement.
E. The CITY and SUB RECIPIENT have duly executed this Agreement for the expenditure of
such funds; and
WHEREFORE, it is agreed by and between the parties that the foregoing Recitals are a
substantive part of this Agreement and the following terms and conditions are approved and
together with all exhibits and attachments hereto, shall constitute the entire Agreement between the
CITY and SUBRECIPIENT:
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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 SUB RECIPIENT.
(b) Experience. SUB RECIPIENT 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 SUB RECIPIENT'S knowledge, SUBRECIPIENT'S
execution, delivery and performance of its obligations under this Agreement will not constitute a
default or a breach under any contract, agreement or order to which SUB RECIPIENT is a party
or by which it is bound.
(e) No Bankruptcy. SUB RECIPIENT is not the subject of any current or threatened
bankruptcy proceeding.
(I) No Pending Legal Proceedings. SUBRECIPIENT is not the subject ofa current or
threatened litigation that would or may materially affect SUBRECIPIENT'S performance under
this Agreement.
(g) Application Veracity. All provisions of and information provided in
SUBRECIPIENT'S application for funding submitted to CITY including any exhibits are true
and correct in all material respects.
(h) No Pending Investigation. SUB RECIPIENT is not aware that it is the
subject of any current or threatened criminal or civil action investigation by any public agency,
including without limitation a police agency or prosecuting authority, that would relate to affect
performance of the Agreement or provision of services hereunder.
B. Amount of Grant and Ouarterlv Disbursement. The amount granted to
SUBRECIPIENT is $ 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 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
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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 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. SUB RECIPIENT 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. 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 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. Zoning. SUBRECIPlENT agrees that any facility/property used in furtherance of
said program shall be specifically zoned and permitted for such use(s) and activity(ies). Should
SUBRECIPIENT fail to have the required land entitlement and/or permits, thus violating any local,
state or federal rules and regulations relating thereto, SUB RECIPIENT shall inunediately 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
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account for receipt, obligation and expenditure of CDBG FUNDS pursuant to applicable OMB
Circular A-IlO requirements.
H. Audit Report Reauirements. SUBRECIPIENT agrees that if SUB RECIPIENT
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:
(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 SUB RECIPIENT program.
b. Documentation of the number of persons and/or families participating
in or benefiting by the SUB RECIPIENT program.
c. Household information shall include number of persons, identification
of head of household, race/ethnicity, and income verification.
d. Documentation of all CDBG FUNDS received from CITY.
e. Documentation of expenses as identified in the Budget Proposal,
including evidence of incurring the expense, invoices for goods or services, copies
of any and all contracts or documentation pertaining to costs for subcontractors,
plus all other invoices for which CDBG FUNDS were expended, and any payments
therefor.
f. Any such other related records as CITY shall reasonably require or as
required to be maintained pursuant to the CDBG REGS.
(2) Reports
(i) Payment Request. Concurrently with the submittal of each
quarterly report, on or before the 15th day of October, January,
April and July, 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
offemale heads of households assisted, new program information and year-to-
date program statistics on expenditures, caseload and activities.
J. Access to Records. CITY and the United State Government and/or their representatives
shall have access for purposes of monitoring, auditing, and examining SUBREClPIENT's activities
and performance, to books, documents and papers, and the right to examine records of
SUB RECIPIENT'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 SUB RECIPIENT are kept. Nothing herein shall be construed to require access to any
privileged or confidential information as set forth in federal or state law.
K. Location of RecordslRequired Length of Record Keeping. All accounting records,
reports, and evidence pertaining to all costs, expenses and the CDBG FUNDS of
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, SUBRECIPIENT agrees to pay all necessary and reasonable expenses
incurred by CITY in conducting any audit at the location where said records and books of account
are maintained.
L. Compliance with Law/Program Income. SUBRECIPIENT acknowledges that the funds
being provided by CITY for said program are received by CITY pursuant to the ACT as amended
and that expenditures of these funds shall be in accordance with the ACT and all pertinent
regulations issued by agencies of the federal government, including, but not limited to, all
regulations found at Title 24 of the Code of Federal Regulations. Program income received by
SUBRECIPIENT shall be returned to CITY unless otherwise provided for in this Agreement.
SUBRECIPIENT agrees to comply fully with all federal, state and local laws and court orders
applicable to its operation whether or not referred to in this Agreement.
M. Standing. SUB RECIPIENT shall be in good standing, without suspension by the
California Secretary of State, Franchise Tax Board and Internal Revenue Service. Any change in
the corporate status or suspension of SUBRECIPIENT shall be reported immediately to CITY.
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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. SUB RECIPIENT 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 SUB RECIPIENT
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, SUB RECIPIENT shall be required to reimburse
the CITY of all such funds that were obtained/spent under fraudulent circumstances.
Q. Equipment. SUB RECIPIENT agrees to maintain a record for each item of non-
expendable personal property acquired under the terms of this Agreement. Said record shall be
made available to CITY upon request. The term "non-expendable personal property" shall include
leased and purchased equipment.
R. Prohibited Use. SUBRECIPIENT hereby certifies and agrees that it will not use
funds provided through this Agreement to pay for entertainment, meals or gifts.
S. Lobbving. SUB RECIPIENT certifies that it will comply with federal law (31
U.S.c. 1352) and regulations found at 24 CFR Part 87, which provide that no appropriated funds
may be expended by the recipient of a federal contract, grant, loan or cooperative agreement to pay
any person for influencing or attempting to influence an officer or employee of any agency,
Member of Congress, or an officer or employee of a Member of Congress in connection with
awarding of any federal contract, the making of any federal grant or loan, entering into any
cooperative agreement and the extension, renewal, amendment or modification of any federal
contract, grant, loan or cooperative agreement. SUBRECIPIENT shall sign a certification to that
effect in a form as set forth in "Exhibit C," attached hereto and by this reference incorporated herein.
SUB RECIPIENT shall submit said sigued 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
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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. SUBRECIPIENT agrees that except for the use of CDBG funds
to pay salaries and other related administrative or personnel costs, no persons who exercise or have
exercised any function with respect to CDBG activities assisted under the terms of this Agreement,
or who are in a position to participate in a decision-making process or gain inside information with
regard to such activities, may obtain a financial interest or benefit from a CDBG-assisted activity of
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 SUB RECIPIENT.
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 constmction contract
shall include and comply with the required contract provisions and rules set forth in 29 C.F.R. {i5.5.
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. {i5.S(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. {i5.5. A breach of the contract
clauses in 29 C.F.R. {i5.5 may be grounds for termination of the contract, and for debarment as a
contractor/subcontractor, as provided in 29 C.F.R. {i5.12. Labor standards interviews/investigations
shall be made as necessary to assure compliance [29 C.F.R. {is.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 SUBRECIPIENT will be required to:
a) Abide by the terms above in statement I.
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.
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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 OBLIGATIONS
A. Pavment of Funds. Upon execution ofthis 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 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 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
SUB RECIPIENT 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 sub grant supported activities to assure
compliance with Federal requirements. Such monitoring covers each program, function and activity
and performance goals are reviewed periodically.
D. Environmental Review: In accordance with 24 CFR 58, the CITY is responsible for
undertaking environmental review and maintaining environmental review records for each
applicable project.
E. Performance Monitoring: CITY shall monitor the performance of the
SUB RECIPIENT against goals and performance standards required herein. Substandard
performance as determined by the CITY will constitute non-compliance with this Agreement. If
action to correct such substandard performance is not taken by the SUBRECIPIENT within a
reasonable period oftime after being notified by the CITY, contract suspension or termination
procedures will be initiated.i
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III. NONDISCRIMINATION
SUB RECIPIENT agrees that no person on the ground of race, age, color, national origin,
religion or sex wi1\ 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-I 10, SUBRECIPIENT agrees that no officer, employee, agent or assignee of
CITY having direct or indirect control of any CDBG monies granted to the CITY, inclusive of the
subject CDBG FUNDS, shall serve as an officer of SUBRECIPIENT. Further, any conflict or
potential conflict of interest of any officer of SUB RECIPIENT shall be fully disclosed in writing
prior to the execution of this Agreement and said writing shall be attached and deemed fully
incorporated as a part hereof. Notice shall be sent by SUB RECIPIENT 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, SUBRECIPIENT hereby agrees that in connection
with the provision of the services SUBRECIPIENT shall provide with CDBG funds, in accordance
with 24 CFR 570.2000):
A. SUBRECIPIENT shall not discriminate against any employee or applicant for
employment on the basis of religion and shall not limit employment or give preference in
employment to persons on the basis of religion.
B. SUB RECIPIENT shall not discriminate against any person applying for the services
SUBRECIPIENT agrees to provide under the terms of this Agreement on the basis ofreligion 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 SUB RECIPIENT.
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
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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 ofthis 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 SUB RECIPIENT:
Carolina Sarmiento
Coordinator
El Centro Cultural de Mexico
P.O. Box 11345
Santa Ana, CA 92711
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.
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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, SUBRECIPlENT agrees to obtain and maintain employer's liability insurance with
limits not less than $],000,000 per accident. If SUBRECIPIENT has no employees, nor
workers' compensation coverage, it must execute a Declaration available from the CITY, and
update as is necessary.
B. SUBRECIPIENT shall undertake self-insurance, or shall obtain, at its sole cost, a
policy or policies of commercial general liability insurance, or equivalent form, with a combined
single limit of not less than $1,000,000 per occurrence.
Such insurance shall: (1) name the City of Santa Ana, its officers, agents,
representatives, employees and volunteers as additional insured's; (2) be primary with respect to
insurance or self-insurance programs maintained by the CITY; (3) contain standard separation of
insured's provisions; and (4) give to CITY prompt and timely notice of claim made or suit
instituted arising out of SUBRECIPIENT's operations hereunder.
SUBRECIPlENT shall: (a) prior to exercising any right under this Agreement,
furnish properly executed certificates of insurance and additional insured endorsement to the
CITY which shall clearly evidence all coverages required above; (b) provide that such insurance
shall not be materially changed or terminated except on 30 days prior written notice to the CITY;
(c) maintain such insurance for the period covered by this Agreement; and (d) replace such
certificates for policies expiring prior to the expiration of this Agreement.
XI. REVERSION OF ASSETS
A. Upon the expiration of this Agreement, SUBRECIPIENT shall transfer to CITY any
CDBO funds on hand at the time of the expiration of this Agreement as well as any accounts
receivable attributable to the use ofCDBO funds. [24 CFR 570.503(b)(8).]
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B. Any real property under SUB RECIPIENT's control that was acquired or improved
in whole or in part with CDBG funds in excess of $25,000.00 must either be:
1. Used, where CITY has given written approval, to meet one of the national
objectives stated in 24 CFR 570.208 until five (5) years after expiration of this Agreement, or for
such longer period of time as determined to be appropriate by CITY; or
2. If not used in accordance with subparagraph A above, SUBRECIPIENT
shall pay to CITY an amount equal to the current fair market value of the property less any portion
of the value attributable to the expenditure 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. SUBRECIPlENT hereby agrees, upon the demand of CITY, to execute,
acknowledge and deliver, or cause any person or entity who may have any claim to rights hereunder
or under any document, instrument or agreement executed in furtherance of the services and
activities to be performed hereunder, to execute, acknowledge and deliver, to CITY assignment(s),
quit claim deed(s) or such other and further instruments, documents and agreements as may be
necessary, in the sole and absolute discretion of CITY, to vest in CITY all of 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
S!05
XII. TERMINATION
A. This Agreement may be tenninated 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 tennination.
B. This Agreement may be suspended or tenninated 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 tennination, SUBRECIPIENT
shall only be entitled to reimbursement for approved expenses incurred up to the effective date of
suspension or tennination.
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 tennination 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 oftennination
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 tennination 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 (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 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 SUB RECIPE NT 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 Xll.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 "XL REVERSION OF ASSETS" of this Agreement.
XIII. LIMITATION OF FUNDS
The United States of America, through HUD, may in the future place programmatic or fiscal
limitations on the use ofCDBG funds which limitations are not presently anticipated. Accordingly,
CITY reserves the right to revise this Agreement in order to take account of actions affecting HUD
program funding. In the event of funding reduction, CITY may, in its sole and absolute discretion,
13
5105
reduce the budget of this Agreement as a whole or as to costs category, may limit the rate of
SUBRECIPIENT'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 SUBRECIPIENT's fiscal
accountability, fmancial 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
marmer whatsoever. Each party to this Agreement acknowledges that no representations,
inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone
acting on behalf of any party, which are not embodied herein, and that no other agreement or
amendment hereto shall be effective unless executed in writing and signed by both CITY and
SUBRECIPIENT.
XV. LAWS GOVERNING THIS AGREEMENT
This Agreement shall be governed by and construed in accordance with the laws of the State
of California, and all applicable federal laws and regulations.
XVI. VALIDITY
The invalidity in whole or in part of any provision of this Agreement shall not void or affect
the validity of any other provision of this Agreement.
XVII. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the power,
authority and right to bind their respective parties to each of the terms of this Agreement, and shall
14
5/05
indemnifY CITY fully, including reasonable costs and attorney's fees, for any injuries or damages to
CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn.
b. All Exhibits and Attachments referenced herein and attached hereto shall be
incorporated as if fully set forth in the body of this Agreement.
c. No delay or omission by either party hereto to exercise any right or power accruing
upon any noncompliance or default by the other party with respect to any of the terms of this
Agreement shall impair any such right or power or be construed to be a waiver thereof. A
waiver by either of the parties hereto of any of the covenants, conditions, or agreements to be
performed by the other shall not be construed to be a waiver of any succeeding breach thereof
or of any other covenant, condition or agreement herein contained.
15
5/05
IN WI1NESS WHEREOF, the parties hereto have executed this Agreement as of the last date and
year written below.
ATTEST:
~
1tZ.
~".
. <---~
PATRICIA E. HEALY
Clerk of the Council
DAVID N. REAM
City Manager
APPROVED AS TO FORM:
JOSEPH W. FLETCHER
City Attorney
~UJ\ZCtlA'-' YE:~"2./lr
Assistant City Attorney
SUBRECIPIENT:
olina Sarmiento
Coordinator
33-0614169
16
City of Santa Ana
Community Development Block Grant
Scope of Work
Name of Organization- El Centro Cultnral de Mexico
Name of Funded Program- Son del Centro Music Program
Annual Accomplishment Goal
I. Total number of un duplicated clients (Santa Ana and Non-Santa Ana Residents) anticipated to be served by
the funded program, named above, during the 12-month contract period.
40PERSONS
II. Number of only unduplicated Santa Ana residents to be served by the funded program, named above,
during the 12-month contract period.
40PERSONS
Program and Funding Description
III. Description of Work - In the space below, describe the program to be funded during the 12-month
contract period.
L A Description of the Project
The Centro presently provides Santa Ana youth unique music, and art programs. The requested funds will assure that the music
program continues. The music program is "Son Jarocho", traditional music from Veracruz, Mexico. It employs guitar like
instruments called "jaranas", percussive instruments such as "el cajon", and dancers who provide percussion with their foot work.
The students receive instruction and also perform under the group known as Son del Centro. An informal survey indicates that there
are few opportunities for music and art education in the city of Santa Ana. Although the Santa Ana school district otTers instruction
in both, the programs are limited in both.
2. Needs Statement
The primary goal of these programs is to continue to serve the needs of low-income, at.risk adolescents who have limited access to
art and music programs. It is well known that teenagers without extra-curricular activities are at a higher risk of coming involved in
undesirable behavior such as gangs and/or drug involvement. Studies have also shown that the study of music results in a more
complete brain development and stimulates intellectual, psychological and physical responses.
3. Goals and Objectives of the Program
Goal: To provide after-school music education to Santa Ana disadvantaged teenagers.
Objective: To enroll as many students as possible (no less than 30) who will learn how to read music, play an instrument, and also be
giving to the community by performing in a musical group.
4. Organizational Qualifications to implement the program
The Centro has the organizational qualifications to implement these programs as follows:
a. The programs are in existence
b. The Centro has a well qualified staffto carry out the instruction of these programs.
c. It has the location to carry out the programs.
d. It owns the musical instruments to carry out the musical program.
e. It has a stage allowing the students to perform.
IV. Activities funded by this grant How will CDBO funds be used for the funded program? Narratively
describe the budget for the funded program illustrated in Exhibit Band B- I.
Most of the CDBG funds will go towards the rent and maintenance of the building where the classes and events related to the
program will take place. It is highly important for the continuity of the program to have a physical space where classes, practices and
performances can take place on a regular basis. Another significant portion of the funds will go to pay the salaries for the music
instructors of the program. These funds will be used to provide the program qualified and dedicated personnel that will ensure the
organization and quality ofthe program. Funds will also be used for the maintenance of instruments used during classes and
performances by the students.
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
lQ Persons
lQ Persons
IOPersons
IOPersons
40Total number ofunduplicated 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 I: Julyl September 30
Quarter 2: October! - December 31
Quarter 3: January I March 31
Quarter 4: April I ~ June 30
$2,356.57
$2,657.14
$2,629.72
$2356.57
$1 O,OOO.OOTotal Grant (Must equal the Total Program Budget
indicated on Exhibit B.)
Exhibit A
Page 2 of2
CITY OF SANA ANA
Community Development Block Grant
Outcome Tracking
IMPORTANT: The City of Santa Ana is in the process of incorporating the new HUD Performance
Outcome Tracking guidelines, therefore this section is subject to change in order to be compliant with
HUD regulations. If the situation should occur that the current tracking system is not sufficient to meet
HUD regulations an amendment to this contract will be needed.
Instructions: From the list of activities below select the activity that best describes the purpose of the program that will he funded
in fiscal year 06-07 by these grant funds. Two activities have multiple outcomes, therefore ifHSenior Services" or "Youth Services" is
selected, please select the one outcome that best describes the purpose of the funded program. ONLY if none of the activities listed
adequately describe the funded program, please select that last activity HLow_ and Moderate Income Services",
f'ulriUment
Tracking Hun Objective to be fulfilled Hun Outcome to be fulfilled illustrated by
HUD Indicator
Suitable Creating Specific Outcome
Activity/Program Qull:ome Tracking Goal Living Decent Economic Availability/ Affordability Susl.1inabili~ Indicator #
Environment Housing Opportunitie Accessibility (Please see page 4
of 4 for desc.)
nli-{""mcS~f"\'lCes n\ckIhcrc-,llldiunin lt~dllC~ re'pon,e time t"
rc<ponsotimeaodlhc <erioll,'cnme<mtheCny',
LLmher"fcriminal Low-and Mo.lcmtc.lnconlC
D apprehetldeda, a n:sult alCabyal)ca>tlmmu[c,
rcslIhinl;mthcapprehcn"on 2
"f1'ill{lorimmal$thatmay X X
uthccwl<cc;capc.
...\-yeargoaltllhe
nehic~cd by fY O~!lll
'airllou,mgScf"\'lccs Pro"lde f.ir hOLL,in~ <ef"\'ice 1. r'ro,"llkf:lIfhou<m~
and ongllin~ .naly.,is of l'oun,"hn~, cdueallon and
impediment,tofairhllu,ing nfurc~m~nt SCrvICe< to
D 7,OOOS"nUl Ana hOlL<chold. X X 2
...S-ycargoal to be
chicvcdhyFY09110
2. Annually:ossessactionstu
liminale 1rnl'cdlment' to fai X X 2
housing
lomdcs.ne<<Prevcmion Traekasslstedmdivlduab SO% ofa.",isted individuals
Iwhorctamcdthelrhollsingor ndhuuseholdswillrclain
tiliticsForal1cast6months lhcirhousingorutiliticsfor 14
D fterassi.tancewa. at leasl6 months after X X
rovided. assi.lanccispruvided
mergencyShelter raek individual. who 0% of 12
""oived.upportsen-iee. 'nd1'\'ldualsihouscholdstMl or
halwere linked to oncor rcprovldedwllhem~rgmcy
D !more additional support hcltcrwllltransltlonlo X X
FrvlC~and/orapproprialC nterimhollllmg(l_e.. 13
ousmg. ransilionaloousingl.
raru;ilionalllollsing rack homcleilS ind;,.'idU31. o/.oFhomekssmdividuals
who partICipated in afticipatingin translt10nal 2
ranSlllonal oousing program ousing program wtll be X X
D hat were plaecd in laced in permanem housing
permanent housing
upportlveServiees rackindividllalswho 0% of in dividualsl families
received s~pportscnilees receiving support serviee.
thalwerehnkedllloncor iIlbelinkedtooneurmore 2
D morcadditional.uppoft dditionalsupportservice X X
ervlceand/orappropnale od/or appropriate housing
huu.iog
Exhibit A-I
Page I of 4
Fulfillment
Hun Obiective to be fulfilled illustrated by
Trackinp HUn Outcomes to be fulfilled HUD Indicator
Suitable Creating Specific Outcome
ActivityiProgram Outcome Tracking Goal living Decent Economic Availabilityi Affordability ustainability Indicator #
Housing Opportunitie Accessibility (Please see page 4
Environment of4 fordesc.)
eniorServiccs I, Trackassistcdsenior I. SO% of assisted senior
,t'2Cns lhat remained It,zcnsw,lIremain
0 mdependcnt foratlel\.~11 indcpendent for at leasl I X X 2
'caraflcrscr,.iecswcrc caraf'ccr servrceS are
rovided ",vided
2.Trackscnior,rccciving 2. '100'0 of seniors rceeiving
rcfcrral" thatwcre linked to eferral,will bc linked to the
0 the ,ervic", ,oughl. serv,cessoughl. X X 2
wner-Occupied Numbcrofownell<lIllsiSled hys,calsafetyandeomfort
lou.~ing Rehab,hlatrnn to rehabilitate lheirprimary ill be improved for Low
residcnccforthcful1owing ndModerntell'lCOme
,ncornccalcgofles ou,eholds by Improving
D _l'xlrernclyLowlnwrne omcstoalevclthatn,cels 9
.VcryLowlncorne rexceed><IlUOhousmg X X
-\1odcratclnenrne ualirY'landa,d>
SpccialNcedsCareg'>ncs
-Largchrnilies
raJll::ldcrlvScrvi",', Tmckftailcldcrly O".offrailcldcrly
individuals that wcrc Imkcd ,nd'Vldml,willbe linkcd to 2
D I"lhc.",,",'iccss,,"ght hcsc"'I(e"ollghl. X X
..ahlcdScn.;ce, mckdisahlcspersom Supporrindepcmlcath\'ing
whoscindc-pcndenlhvmg for 90',. ofdi""hlcd pcr,o'" 2
0 was,upponcdbyC,ryfunds '''sled by Cily fund, X X
~rv'Le<for Mcntally III r",ck.ndividltalsas<isted j{)()%of,nd,v,dualsassistc'"
wilhCity,e""urccsthalwcre lw,thC'lyresourceswillbc
0 provid~d an cntrypoinl into rnvldcdancntrypoiminlo
theregionJlmcntalhcalth hc rogion"l menIal health X X 2
(arc,ystemundlinkedlQat a,e<y'tcrnandlinkcdlual
Ica,(oncadditlonalmenlal lcastone additional rncntal
health,tlrp"rtlveservice. health "urrortivcso,,'ioc
e"'ICe.lor Suhsl"ncc rr~<:khuwmanyindividllals Pwv,dccntry,ntotlle
>\.dd'C1Cd Wilhsllh,lanceaddicl,onin eg,()nalrecovcry'ystemfor
wereprovidedan~ntryinlo Sm..hvldual,wllh
lhercgional reco~'ery.}stcm ubManecaddlctlOnandlllll:
0 and linked l"additional hem 10 addlllonal<CTV',CS 2
'crvlces X X
"'j-year~"alto be
.hievcdb} FY U9/IU
,,"th'services I. TmcklmpfOvementin 1 Foreducation-bascd
pro-tcst,po'HeSr~C(>res rograms,imprnvepre-Icst 2
0 osttcsl,corcsbyjO% X X
2. Trneknumhcrof ',Provldeopportunitiesfor
[2J individual,exposedlolhe xpo'lm::rothefineans. X X 2
finearlS
, Trackeh,ldren/youth 3,90%nfchildren/yonth
0 eeking refcrrals thaI were seeking referrals will be X X 2
linkedtolhoscrvlccsoought linkc'" to the scrvice, ,ought
ow-and Mooerate- rad<programparticipants Q';i,ofprogrampan'elpants
ncomcScrviecs halwer~lmkcdlo"ervkc' 'i11belinkcd10 Sl:Tviccs 2
ought ollght 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 Centro presently provides Santa Ana unique music programs. The requested funds will assure that these programs continue.
The music program presently consists of three separate music classes based on Son Jarocho, traditional dance music from Veracruz. It
employs guitar-like instruments called Hjaranas" (small eight-string guitar) and percussive instruments such as "el cajon", which is a
wooden box played like a drum, a "'marimba}" (mix between el cajon and a finger piano), "requintos" small five string guitars, and
dancers who provide percussion with their footwork. The students not only receive instruction, but also perform under a group called
"Son del Centro", This year we plan to re-activate our wind instrument program, teaching students how to play instruments such as the
saxophone, clarinet, trumpet, baritone and trombone. The students are taught how to read music and experience what it is to perform.
The primary goal of these programs is to continue to serve the needs oflow-income, at-risk families, especially adolescents who have
limited access to music and artistic programs. It is well known that teenagers without extra-curricular activities are at a higher risk of
becoming involved in undesirable behavior (gangs, drugs, etc.), particularly in the afternoon hours after schooL
Goal: To provide after school music education to Santa Ana disadvantaged youth and families. Objective: To enroll as many
students as possible (no less than 30) who will learn how to read music and play an instrument and will also be giving back to the
community by performing in musical groups. Instruction will fuse music and dance into a learning format that explores interactive
artistic mediums as a tool for self-empowerment and social change. The grant funds will be utilized for rent, music instructors, music
instruments, and an assistant to the executive director who is coordinating the program.
Exhibit A-I
Page 3 of 4
Specific Outcome Indicators
2) Public service activities
Number of persons assisted:
. with new access to a service
. with improved access to a service
. where activity was used to meet a quality standard or measurably improved quality, report the number
that no longer only have access to substandard service
9) Owner occupied units rehabilitated or improved
Total number of units:
Number occupied by elderly
Number of units brought from substandard to standard condition (HQS or local code)
Number qualified as Energy Star
Number of units brought into compliance with lead safe housing rule (24 CFR part 35)
Number of units made accessible for persons with disabilities
12) Number of homeless persons given overnight shelter
13) Number of beds created in overnight shelter or other emergency housing
14) HomeJessness 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 EI Centro Cultural de Mexico
Program Name Son del Centro Music ProQram
Expenditures
Expenses Funded by Expenses Funded Total Program Total Organizational
Category Santa Ana COBG b Other Sources Bud et Bud et
Administrative Staff
Salaries & Benefits $
Program Staff Salaries &
Benefits
Contractual/Professional
Services: List below
Instructors $ 3,000 $ 5,000 $ 8,000 $ 8,000
2 Ex. Assist $ 2,000 $ 2,000 $ 4,000 $ 5,000
3 $
Office Su plies $ 500 $ 500 $ 1,500
Rent $ 5,000 $ 3,000 $ 8,000 $ 33,360
Communications $ 500 $ 500 $ 2,500
Utilities $
Insurance $ $ 3,500
Other:List below
Contractual! Proffesional
1 SelVices $
2 Other Intruments $ 1,500 $ 1,500 $ 1,500
3 Materials $ 1,000 $ 1,000
4 instrument repair $ 500 $ 500
5 $
Total $ 10,000 $ 14,000 $ 24,000 $ 55,360
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
Private Donations $ 6,000
Fundraisers $ 8,000
Total Funds for Program $ 24,000
-
Exhibit B
Page 1 of 1
2006-2007 Funded Personnel
Name of Organization:
Name of Program
El Centro Cultural de Mexico
Son Del Centro Music Program
ADMINISTRATIVE STAFF
Position Title Annual Annual Total CDBG Funds % of time Of this time % ofTatal
Salary Benefits Compensation Requested for spent on percent of Compensation
this position funded time serving Eligible
nro.ram Santa Ana
$ - 0%
$ - 0%
$ - 0%
$ - 0%
$ - 0%
$ - 0%
$ - 0%
$ - 0%
$ - 0%
Total Amount Reauested $ -
Must equal amount indicated on Exhbit B
PROGRAM STAFF
Position Title Annual Annual Total CDBG Funds % of time Of this time % of Total
Salary Benefits Compensation Requested for spent on percent of Compensation
this position funded time serving Eligible
nroPTam Santa Ana
$ - 0%
$ - u%
$ - 00-
10
$ - 0%
$ - 0%
$ - 0%
$ - 0%
$ - 0%
$ - 0%
Total Amount Reauested $ -
Must equal amount indicated on Exhbit B
CONTRACTUAL/PROFESSIONAL SERVICES
Position Title Annual Annual Total CDBG Funds % of time Of this time % of Total
Contract Benefits Compensation Requested for spent on percent of Compensation
Amount this position funded time serving Eligible
nrovram Santa Ana
Instructor $ 4,000 $ 4,000 $ 1,500 100% 100% 100%
Instructor $ 4,000 $ 4,000 $ 1,500 100% 100% 100%
Executive Assistant $ 4,000 $ 4,000 $ 2,000 100% 100% 100%
$ - 0%
$ - 0%
$ - 0%
$ - 0%1
$ - 0%
$ - 0%
Total Amount Reouested $ 5,000
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 8-1
Page I 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.
CfN,t..o Wv~ t1E Hex l UJ
Grantee/Contactor Organization
~Ol'\ \)<2.\ CeHtro ~uSiC f'i"05rnm
Program Title
~
Name of Certify" g Officer
~uivJt' SNV'I~
~ Signature
EXHIBIT C
Page I of2
SUB RECIPIENT 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) SUB RECIPIENT does not assume
CITY'S environmental responsibilities described at 24 CFR 570.604; and (b)
SUB RECIPIENT does not assume CITY'S responsibility for initiating the review process
under Executive Order 12372.
EXHIBIT C
Page 2 of2
.(
.
-
ACORD. CERTIFICA I E OF LIABILITY INSURAN\"f OPID7~ DATE 1MM/tlDtYVYY)
CENTR-7 01/23/07
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Brakke-Schafnitz Ins. Brokers ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
License *0428915 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
28202 Cabot Road, Suite 500 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Laguna Niguel CA 92677-1251
Phone: 949-365-5100 Fax: 949-365-5161 INSURERS AFFORDING COVERAGE NAlC#
INSUREIl INSURER k. Great American Com'D8niel!l
INSURER B:
Centro CuJ.tural De Mexico INSURER c:
En :Ell Condado De Or,,~e
310 W. Fi~th Street 00-205 lNSURER 0:
Santa Ana CA 92701
INSURER E:
COVERAGES
WE PDUCIES OF INSURANCE LISTED BelOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWlTHSTANDJNG
ANY REOUlREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTtER DOCUMENT WITH RESPECT TO YlHICH THIS CERTIFICATE MAY DE ISSUED OR
MAY PERTAIN, THe INSURANCE AFFORDED BYTHE POI.ICIES DESCRIBED HEREtlIS SUBJECT TO AU. THE TERMS, EXCLUSK>NS AND CONDITIONS OF SUCH
POUClE8. AGGREGATE UMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
~~ TYPE OF INSURANCE POUCY NUMBER DATE M DA'~ L1M1T1l
~ENERAL LIABlUTY EACH OCCURRENCE . 1000000
A X X Ctl\4MERCIAL GENERAlllABILfTY GLP2254464-08 07/23/06 07/23/07 PREMISES Ea otaIfenCe) .100000
I CLAIMS MADE ~ OCCUR MED EXP (lvi, one person) 55000
PERSONAL & KJV INJURY .1000000
GENERAl AGGREGATE .1000000
n~ AGG~f~r I.MT APPUES PER: PRODUCTS. COMPIOP AGG .1000000
PRO. n
POLICY JECT LaC
~TOMOBJLE LlABlUTY COMBINED SINGLE LIMIT .
ANY AUTO (Eaaccldentl
l-
I- All OWt<lED AUTOS BOOIL Y INJURY
.
SCHEDULED AUTOS (PiIrpef'lOf"ll
f-
- HIRED AUTOS 1I0DlL Y INJURY
.
NON-OWNED A\JTOS (Peracddari)
-
PROPERTY DAMAGE .
(Peraccldel\ll
=rGElIABIUlY A\JTO ONL V. EA ACCDENT .
ANY AUTO OTHER lHAN EA Ace .
AUTO ONLY: AGG S
EXCESSA.IMBRElLA LIABIUTY EACH OCC\.flRENCE .
::::r OCCUR D CLAIMS MAGS AGGRI:GATE 5
.
=J DEDUCT18lE 5
RETENTION . .
WORKERS COMPENSATJON AND lro'i\'v"Uf:tiTO I IUEir
EMPLOYERS' UABlUTY E.L EACH ACCIDENT .
ANY PROPRIETORIPARTNER/EXECllTlVE E.'" crSEASE.EA EMPlOYEf
OFFICERlMEMBER EXCLUDED? .
g~rCr~.r=v~~s bBlow E.L OISEASE. POLICY LtMJT 5
OTHER
DESCRlP110N OF OPERA-noNS I LOCAnDNS/VEHICLES I EXCLUStON8 ADDED BY ENDORSEMENT J SPECIAL PROVISIONS
*10 Days notice o~ cancellation ~or non-payment o~ prem:l.um. The COJllJlluni ty
Redevelopment Agency of the City o~ Santa Ana, and the City o~ Santa Ana,
& their respective officers, employees, agents, volunteers & representatives
are hereby nl1llled as an Additional. Insured's per the attached City of Santa
Ana Additional Insured Endorsment (Exhibit B attaohed).
CERTIFICATE HOLDER
llJ\m!ANl
CANCELLATION
SHOULD Atl'f OF THE ABOVE DESCRIBED POLICIES BE CANCELlED BEFORE THE EXf'tRATION
DATE THEREOF, THE ISSUlNG INSURER WII.l ENDEAVOR TO MAIl. ~ DAYS WRJTI'EN
NonCE TO THE CERllFICATE HOLDER NAMED TO THE t.EFT, BUT FAILURE TO 00 so SHAll
IMPOSE NO OBUGATlON OR UAB1UlY OF AN'( KINO UPON THE INSURER, ITS AGENTS OR
City o~ Santa Ana
Attn: Carla Thompkins
20 Civic Center Plaza
Santa Ana CA 92701
ACORD 25 (2001/08)
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@ACORDCORPORATION1988
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EXHIBIT B
ADDITIONAL INSURED ENDORSEMENT
FOR COMMERCIAL GENERAL LIABILITY POLICY
Insurance Company Great American Assurance Company
This endorsement modifies such insurance as is afforded by the provisions of Policy
# GLP225-44-64-08 relating to the following:
1. . The City of Santa Ana, 20 Civic Center Plaza, Santa Aria, California 92701; its
officers, employees, agents, volunteers and representatives are named as' additiooal insureds"
("additional insureds") with regard to liability and defense of suits arising from the operations
and uses performed by or on behalf of the named insured.
2. With respect to claims arising out of the operations and uses performed by or on
behalf of the named insured, such insurance as is afforded by this policy is primary and is not
additional to or contributing with any other insurance carried by or for the benefit of the
additional insureds.
3. This insurance applies separately to each insured against whom claim is made or
suit is brought except with respect to the company's limits of liability. The inclusion of any
person or organization as an insured shall not affect any right which such person or organization
would have as a claiplant ifnot so included.
4. With respect to the additional insureds, this insurance shall not be cancelled, or
materially reduced in coverage or limits except after thirty (30) days written notice has been
given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701.
I
(Completion of the following, including countersignature, is required to make this endorsement
- effective.)
Effective'
Policy #
Issued to
,07-23-06 , this endorsement form as a part of
a~~"~_44_~4_nR
Centro Cultural De Mexico. En El Condado nR OrangA
Named Insured
Countersigned by ~br,l~d tt,,) ~
/ Authorized Repre ve
/
i
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I).~ 0 2-
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