HomeMy WebLinkAboutDELHI CENTER - 2007 CDBG 27City of Santa 1' a
ivClerk of the Council
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Please complete this form when the attached agreement is no longer
in effect.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).
Call 647-5237 if you have any questions.
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The agreement with
No. A-2007-105-015 (21i
and final payment has been made.
Revised 07-23-07
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INSURANCE ON FILL A-2007-105-015
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CLERK OF COUNCIL AGREEMENT BETWEEN THE CITY OF SANTA ANA AND
DATE:
AUG 2 2 2007 DELHI CENTER FOR USE OF
0-.C13,4 CZ) COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
Lucy Flve.i
This Agreement, is hereby made and entered into this 1 st day of July, 2007, by and between
the City of Santa Ana, a charter city and municipal corporation of the State of California ("CITY')
and DELHI CENTER, a California nonprofit corporation ("SUBRECIPIENT").
WITNESSETH
Recitals:
A. The CITY, as an entitlement recipient and grantee of the United States Department of
Housing and Urban Development ("HUD") Community Development Block Grant -("CDBG")
Program, desires to enter this Agreement with the SUBRECIPIENT for the expenditure of CDBG
funds in accordance with Title 24, Part 570 of Code of Federal Regulations 24 CFR 570.000, et seq.
("CDBG REGS"); and
B. CITY has applied for and received CDBG funds from HUD pursuant to Title I of the
Housing and Community Development Act of 1974, Public Law 93-383, as amended ("ACT"); and
C. The SUBRECIPIENT is a private nonprofit agency that has been selected by the CITY
to receive CDBG funds and administer such financial assistance; and to provide the services
described in Exhibit A, in accordance with the schedule of performance included therein, hereinafter
referred to as "said program". SUBRECIPIENT represents that it is qualified and willing to operate
said program and certifies that the activities carried out with funds provided under this Agreement
will meet one or more of the CDBG program's National Objectives (24 CFR Part 570.208).
D. SUBRECIPIENT agrees that it will adhere to the performance measurements and
outcomes as indicated on Exhibit A-1 (Outcome Tracking). Failure to follow the measurements
and meet the stated outcomes may constitute breach of contract that could result in termination
of this Agreement or serve as reason for the City to recapture the grant funds awarded to
SUBRECIPIENT pursuant to this Agreement.
E. The CITY and SUBRECIPIENT have duly executed this Agreement for the expenditure of
such funds; and
WHEREFORE, it is agreed by and between the parties that the foregoing Recitals are a
substantive part of this Agreement and the following terms and conditions are approved and
together with all exhibits and attachments hereto, shall constitute the entire Agreement between the
CITY and SUBRECIPIENT:
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I. SUBRECIPIENT'S OBLIGATIONS
A. Non -Profit Status - Representations and Warranties.
(a) Authority. SUBRECIPIENT is a duly organized and existing non-profit corporation
in good standing and authorized to do business under the laws of the State of California.
SUBRECIPIENT has full right, power and lawful authority to accept the funding hereunder and
to undertake all obligations as provided herein and the execution, performance and delivery of
this Agreement by SUBRECIPIENT has been fully authorized by all requisite actions on the part
of SUBRECIPIENT.
(b) Experience. SUBRECIPIENT is a qualified provider of the services to be provided
hereunder.
(c) Familiarity With Services Required. By executing this Agreement,
SUBRECIPIENT warrants that (i) it has thoroughly investigated and considered the services to
be performed and provided hereunder, (ii) it has carefully considered how the services should be
performed, and (iii) it fully understands the facilities, difficulties and restrictions attending
performance of the services under this Agreement.
(d) No Conflict. To the best of SUBRECIPIENT'S knowledge, SUBRECIPIENT'S
execution, delivery and performance of its obligations under this Agreement will not constitute a
default or a breach under any contract, agreement or order to which SUBRECIPIENT is a party
or by which it is bound.
(e) No Bankruptcy. SUBRECIPIENT is not the subject of any current or threatened
bankruptcy proceeding.
(f) No Pending Legal Proceedings. SUBRECIPIENT is not the subject of a current or
threatened litigation that would or may materially affect SUBRECIPIENT'S performance under
this Agreement.
(g) Application Veracity. All provisions of and information provided in
SUBRECIPIENT'S application for funding submitted to CITY including any exhibits are true
and correct in all material respects.
(h) No Pending Investigation. SUBRECIPIENT is not aware that it is the
subject of any current or threatened criminal or civil action investigation by any public agency,
including without limitation a police agency or prosecuting authority, that would relate to affect
performance of the Agreement or provision of services hereunder.
B. Amount of Grant and Quarterly Disbursement. The amount granted to
SUBRECIPIENT is $ 5,000("CDBG FUNDS"), and such funds shall be expended by
SUBRECIPIENT on or before June 30, 2008. 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. SUBRECIPIENT shall be obligated to perform such duties as would normally extend
beyond the term, including but not limited to obligations with respect to indemnification, audits,
reporting, data retention/reporting, and accounting.
C. Use of Funds. SUBRECIPIENT agrees to use all federal funds provided by CITY to
SUBRECIPIENT pursuant to this Agreement to operate said program, as set forth in "Exhibit A,"
attached hereto and by this reference incorporated herein. SUBRECIPIENT'S failure to perform as
required may, in addition to other remedies set forth in this Agreement, result in readjustment of the
amount of funds CITY is otherwise obligated to pay to SUBRECIPIENT hereunder.
D. Allowable Costs. SUBRECIPIENT agrees to complete said program on or before
June 30, 2008 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. SUBRECIPIENT agrees that any facility/property used in furtherance of
said program shall be specifically zoned and permitted for such use(s) and activity(ies). Should
SUBRECIPIENT fail to have the required land entitlement and/or permits, thus violating any local,
state or federal rules and regulations relating thereto, SUBRECIPIENT shall immediately make
good -faith efforts to gain compliance with local, state or federal rules and regulations following
written notification of said violation(s) from the CITY or other authorized citing agency.
SUBRECIPIENT shall notify CITY immediately of any pending violations. Failure to notify CITY
of pending violations, or to remedy such known violation(s) shall result in termination of grant
funding hereunder. SUBRECIPIENT must make all corrections required to bring the
facility/property into compliance with the law within sixty (60) days of notification of the
violation(s); failure to gain compliance within such time shall result in termination of grant funding
hereunder.
G. Separation of Accounts. All funds received by SUBRECIPIENT from CITY
pursuant to this Agreement shall be maintained in an account in a federally insured banking or
savings and loan institution with record keeping of such accounts maintained pursuant to applicable
OMB Circular A-110 requirements. SUBRECIPIENT is not required to maintain separate
depository accounts for CDBG FUNDS; provided however, the SUBRECIPIENT must be able to
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account for receipt, obligation and expenditure of CDBG FUNDS pursuant to applicable OMB
Circular A-110 requirements.
H. Audit Report Requirements. SUBRECIPIENT agrees that if SUBRECIPIENT
receives Five Hundred Thousand Dollars ($500,000.00) or more in federal funds, SUBRECIPIENT
shall have an annual audit conducted by a certified public accountant in accordance with the
standards as set forth and published by the United States Office of Management and Budget.
SUBRECIPIENT shall provide CITY with a copy of said audit by October 1 of the year following
the program year in which this Agreement is executed.
I. Record Keeping/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 SUBRECIPIENT program.
b. Documentation of the number of persons and/or families participating
in or benefiting by the SUBRECIPIENT program.
c. Household information shall include number of persons, identification
of head of household, race/ethnicity, and income verification.
d. Documentation of all CDBG FUNDS received from CITY.
e. Documentation of expenses as identified in the Budget Proposal,
including evidence of incurring the expense, invoices for goods or services, copies
of any and all contracts or documentation pertaining to costs for subcontractors,
plus all other invoices for which CDBG FUNDS were expended, and any payments
therefor.
f. Any such other related records as CITY shall reasonably require or as
required to be maintained pursuant to the CDBG REGS.
(2) Reports
(i) Payment Request. Concurrently with the submittal of each
quarterly report, on or before the 15th day of October, January,
April and July, SUBRECIPIENT shall submit both: an original
invoice and true copies of invoices, receipts, agreements, copies
of any and all contracts or documentation pertaining to costs for
subcontractors or other documentation supporting and
evidencing how the CDBG FUNDS have been expended during
the applicable quarter.
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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 of low and moderate income persons
and households assisted in accordance with federal income limits, the number
of female heads of households assisted, new program information and year-to-
date program statistics on expenditures, caseload and activities.
J. Access to Records. CITY and the United State Government and/or their representatives
shall have access for purposes of monitoring, auditing, and examining SUBRECIPIENT's activities
and performance, to books, documents and papers, and the right to examine records of
SUBRECIPIENT's subcontractors, bookkeepers and accountants, employees and participants in
regard to said program. CITY and the United States Government and/or their representatives shall
also schedule on-site monitoring at their discretion. Monitoring activities may also include, but are
not limited to, questioning employees and participants in said program and entering any premises or
any site in which any of the services or activities funded hereunder is conducted or in which any of
the records of SUBRECIPIENT are kept. Nothing herein shall be construed to require access to any
privileged or confidential information as set forth in federal or state law.
K. Location of Records/Required Length of Record Keeping. All accounting records,
reports, and evidence pertaining to all costs, expenses and the CDBG FUNDS of
SUBRECIPIENT and all documents related to this Agreement shall be maintained and kept
available at SUBRECIPIENT' S office or place of business for the duration of the Agreement and
thereafter for five (5) years after completion of an audit in conformity with the CDBG REGS's.
Records which relate to (a) complaints, claims, administrative proceedings or litigation arising
out of the performance of this Agreement, or (b) costs and expenses of this Agreement to which
CITY or any other governmental agency takes exception, shall be retained beyond the five (5)
years until complete resolution or disposition of such appeals, litigation claims, or exceptions. In
the event SUBRECIPIENT does not make the above -referenced documents available within the city
of Santa Ana, California, SUBRECIPIENT agrees to pay all necessary and reasonable expenses
incurred by CITY in conducting any audit at the location where said records and books of account
are maintained.
L. Compliance with Law/Program Income. SUBRECIPIENT acknowledges that the funds
being provided by CITY for said program are received by CITY pursuant to the ACT as amended
and that expenditures of these funds shall be in accordance with the ACT and all pertinent
regulations issued by agencies of the federal government, including, but not limited to, all
regulations found at Title 24 of the Code of Federal Regulations. Program income received by
SUBRECIPIENT shall be returned to CITY unless otherwise provided for in this Agreement.
SUBRECIPIENT agrees to comply fully with all federal, state and local laws and court orders
applicable to its operation whether or not referred to in this Agreement.
M. Standing. SUBRECIPIENT shall be in good standing, without suspension by the
California Secretary of State, Franchise Tax Board and Internal Revenue Service. Any change in
the corporate status or suspension of SUBRECIPIENT shall be reported immediately to CITY.
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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. SUBRECIPIENT agrees that if
SUBRECIPIENT violates any of the terms and conditions of this Agreement or any prior
Agreement whereby CDBG funds were received by SUBRECIPIENT, or if SUBRECIPIENT
reports inaccurately, or if on audit there is a disallowance of certain expenditures, SUBRECIPIENT
agrees to remedy the acts or omissions causing the disallowance and repay CITY all amounts spent
in violation thereof. If SUBRECIPIENT engaged in fraudulent activity to obtain and/or justify
expenditure of the CDBG funds granted hereunder, SUBRECIPIENT shall be required to reimburse
the CITY of all such funds that were obtained/spent under fraudulent circumstances.
Q. Equipment. SUBRECIPIENT agrees to maintain a record for each item of non -
expendable personal property acquired under the terms of this Agreement. Said record shall be
made available to CITY upon request. The term "non -expendable personal property" shall include
leased and purchased equipment.
R. Prohibited Use. SUBRECIPIENT hereby certifies and agrees that it will not use
funds provided through this Agreement to pay for entertainment, meals or gifts.
S. Lobbying. SUBRECIPIENT certifies that it will comply with federal law (31
U.S.C. 1352) and regulations found at 24 CFR Part 87, which provide that no appropriated funds
may be expended by the recipient of a federal contract, grant, loan or cooperative agreement to pay
any person for influencing or attempting to influence an officer or employee of any agency,
Member of Congress, or an officer or employee of a Member of Congress in connection with
awarding of any federal contract, the making of any federal grant or loan, entering into any
cooperative agreement and the extension, renewal, amendment or modification of any federal
contract, grant, loan or cooperative agreement. SUBRECIPIENT shall sign a certification to that
effect in a form as set forth in "Exhibit C," attached hereto and by this reference incorporated herein.
SUBRECIPIENT shall submit said signed certification to CITY prior to performing any of its
obligations under this Agreement and prior to any obligation arising on the part of CITY to pay any
sums to SUBRECIPIENT under the terms and conditions of this Agreement.
If any funds other than Federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
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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-1).
T. Financial Interest. SUBRECIPIENT agrees that except for the use of CDBG funds
to pay salaries and other related administrative or personnel costs, no persons who exercise or have
exercised any function with respect to CDBG activities assisted under the terms of this Agreement,
or who are in a position to participate in a decision-making process or gain inside information with
regard to such activities, may obtain a financial interest or benefit from a CDBG-assisted activity of
SUBRECIPIENT, either for themselves or those with whom they have family or business ties,
during their tenure or for one year thereafter. This prohibition applies to any person who is an
employee, agent, consultant, officer, or elected or appointed official of CITY, or of
any designated public agencies, or the SUBRECIPIENT.
U. Davis -Bacon Act. All laborers and mechanics employed by contractors or
subcontractors in the performance of construction work, including alterations and repairs, in excess
of $2,000.00, financed in whole or in part with federal funds shall be paid wages at rates not less
than those prevailing on similar construction in the locality as determined in accordance with the
Davis -Bacon Act, as amended, 40 U.S.C. sections 276a - 276a-5. Any such construction contract
shall include and comply with the required contract provisions and rules set forth in 29 C.F.R. §5.5.
Further, the payroll reports (along with the "Statement of Compliance") and basic records are
required to be maintained and submitted, or made available, pursuant to 29 C.F.R. §5.5(a)(3). No
payment, advance, grant, loan or guarantee of funds shall be approved by the federal agency unless
there is on file with the agency a certification by the contractor that the contractor and its
subcontractors have complied with the provisions of 29 C.F.R. §5.5. A breach of the contract
clauses in 29 C.F.R. §5.5 may be grounds for termination of the contract, and for debarment as a
contractor/subcontractor, as provided in 29 C.F.R. §5.12. Labor standards interviews/investigations
shall be made as necessary to assure compliance [29 C.F.R. §5.6(a)(3)].
V. Drug Free Workplace. SUBRECIPIENT certifies that it has established the following
drug-free workplace policy:
1. The unlawful manufacture, distribution, dispensing, possession or use of a
controlled substance is prohibited in the workplace for any employee involved in a federally funded
program.
2. As an employee working in conjunction with a federally funded program, the
employees of SUBRECIPIENT will be required to:
a) Abide by the terms above in statement 1.
b) Notify appropriate officials of SUBRECIPIENT and CITY officials of
any criminal drug statute conviction for a violation occurring in the workplace not
later than five days after such conviction.
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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. Payment of Funds. Upon execution of this Agreement by SUBRECIPIENT, CITY shall
pay to SUBRECIPIENT from CDBG funds, when, if and to the extent received from HUD, for
CITY's 2007-08 CDBG program year amounts expended by SUBRECIPIENT in carrying out said
program for fiscal year 2007-08 pursuant to this Agreement up to a maximum aggregate payment
of Five Thousand Dollars ($ 5,000) in installments determined by CITY. Payments shall be made
to SUBRECIPIENT through the submission of invoices on a quarterly basis (October, January, April
and July) in a form prescribed by CITY, detailing such expenses. CITY shall pay such invoices
within thirty (30) days after receipt thereof provided CITY is satisfied that such expenses have been
incurred and documented within the scope and provisions of this Agreement and that
SUBRECIPIENT is in compliance with the terms and conditions of this Agreement.
B. Audit of Account. CITY shall include an audit of the account maintained by
SUBRECIPIENT in CITY's annual audit of all CDBG FUNDS in accordance with Title 24 of
the Code of Federal Regulations and other applicable federal laws and regulations.
C. Common Rule: Pursuant to CFR 85.40(a), the CITY manages the day-to-day
operations of each grant and subgrant supported activities. CITY staff has detailed knowledge of the
grant program requirements and monitors grant and subgrant supported activities to assure
compliance with Federal requirements. Such monitoring covers each program, function and activity
and performance goals are reviewed periodically.
D. Environmental Review: In accordance with 24 CFR 58, the CITY is responsible for
undertaking environmental review and maintaining environmental review records for each
applicable project.
E. Performance Monitoring: CITY shall monitor the performance of the
SUBRECIPIENT against goals and performance standards required herein. Substandard
performance as determined by the CITY will constitute non-compliance with this Agreement. If
action to correct such substandard performance is not taken by the SUBRECIPIENT within a
reasonable period of time after being notified by the CITY, contract suspension or termination
procedures will be initiated.
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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-110, SUBRECIPIENT agrees that no officer, employee, agent or assignee of
CITY having direct or indirect control of any CDBG monies granted to the CITY, inclusive of the
subject CDBG FUNDS, shall serve as an officer of SUBRECIPIENT. Further, any conflict or
potential conflict of interest of any officer of SUBRECIPIENT shall be fully disclosed in writing
prior to the execution of this Agreement and said writing shall be attached and deemed fully
incorporated as a part hereof. Notice shall be sent by SUBRECIPIENT to CITY regarding any
changes or modifications to its board of directors and list of officers.
V. SPECIAL CERTIFICATION FOR RELIGIOUS ENTITIES
If SUBRECIPIENT is a religious entity, SUBRECIPIENT hereby agrees that in connection
with the provision of the services SUBRECIPIENT shall provide with CDBG funds, in accordance
with 24 CFR 570.2000):
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. SUBRECIPIENT shall not discriminate against any person applying for the services
SUBRECIPIENT agrees to provide under the terms of this Agreement on the basis of religion and
shall not limit such services or give preference to applicants for such services on the basis of
religion.
C. SUBRECIPIENT shall NOT provide religious instruction or counseling, conduct
any religious worship or services, or engage in any religious proselytizing, or exert any religious
influence in the provision of the services in said program. The parties agree that this covenant is
intended to and shall be construed for the limited purpose of assuring compliance with respect to the
use of CITY funds by SUBRECIPIENT with applicable constitutional limitations respecting the
establishment of religion as set forth in the establishment clause under the First Amendment of the
United States Constitution and Article I, Section 4 of the California Constitution, and is not in any
manner intended to restrict other activities of SUBRECIPIENT.
D. Where the services to be provided under said program are rendered on property
owned by the primarily religious entity SUBRECIPIENT, CDBG funds may also be used for minor
repairs to such property which are directly related to the cost of rendering the services under said
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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
SUBRECIPIENT agrees not to hire or permit the hiring of any person to fill a position
funded through this Agreement if a member of that person's immediate family is employed in an
administrative capacity by SUBRECIPIENT. For the purposes of this section, the term "immediate
family" means spouse, child, mother, father, brother, sister, brother-in-law, sister-in-law, father-in-
law, mother-in-law, son-in-law, daughter-in-law, aunt, uncle, niece, nephew, stepparent and
stepchild. The term "administrative capacity" means having selection, hiring, supervisor or
management responsibilities.
VII. NOTICES
Notices to the parties shall, unless otherwise requested in writing, be sent by U.S. Mail,
postage prepaid, and addressed as follows:
TO CITY: City of Santa Ana
Community Development Agency (M-25)
20 Civic Center Plaza
P.O. Box 1988
Santa Ana, California 92702-1988
TO SUBRECIPIENT: Margarita Chavez
Executive Assistant
505 E. Central Ave
Santa Ana, CA 92707
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, SUBRECIPIENT agrees to obtain and maintain employer's liability insurance with
limits not less than $1,000,000 per accident. If SUBRECIPIENT has no employees, nor
workers' compensation coverage, it must execute a Declaration available from the CITY, and
update as is necessary.
B. SUBRECIPIENT shall undertake self-insurance, or shall obtain, at its sole cost, a
policy or policies of commercial general liability insurance, or equivalent form, with a combined
single limit of not less than $1,000,000 per occurrence.
Such insurance shall: (1) name the City of Santa Ana, its officers, agents,
representatives, employees and volunteers as additional insured's; (2) be primary with respect to
insurance or self-insurance programs maintained by the CITY; (3) contain standard separation of
insured's provisions; and (4) give to CITY prompt and timely notice of claim made or suit
instituted arising out of SUBRECIPIENT's operations hereunder.
SUBRECIPIENT shall: (a) prior to exercising any right under this Agreement,
furnish properly executed certificates of insurance and additional insured endorsement to the
CITY which shall clearly evidence all coverages required above; (b) provide that such insurance
shall not be materially changed or terminated except on 30 days prior written notice to the CITY;
(c) maintain such insurance for the period covered by this Agreement; and (d) replace such
certificates for policies expiring prior to the expiration of this Agreement.
XI. REVERSION OF ASSETS
A. Upon the expiration of this Agreement, SUBRECIPIENT shall transfer to CITY any
CDBG funds on hand at the time of the expiration of this Agreement as well as any accounts
receivable attributable to the use of CDBG funds. [24 CFR 570.503(b)(8).]
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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:
1. Used, where CITY has given written approval, to meet one of the national
objectives stated in 24 CFR 570.208 until five (5) years after expiration of this Agreement, or for
such longer period of time as determined to be appropriate by CITY; or
2. If not used in accordance with subparagraph A above, SUBRECIPIENT
shall pay to CITY an amount equal to the current fair market value of the property less any portion
of the value attributable to the expenditure of non-CDBG funds for acquisition of, or improvement
to, the property. Such payment is program income to CITY.
C. Subject to the obligations set forth herein, title to equipment acquired under the
terms of this Agreement will vest upon acquisition in SUBRECIPIENT. When said equipment
which has been acquired in accordance with this Agreement and all applicable regulations is no
longer needed for said program, disposition of said equipment will be made as follows:
1. Items of equipment with a current per unit fair market value of less than
$5,000.00 may be retained, sold or otherwise disposed of with no further obligation to CITY.
2. Items of equipment with a current fair market per unit value of $5,000.00 or
more may be retained or sold and CITY shall have the right to an amount calculated by multiplying
the current market value or proceeds from the sale by CITY's share of federal funds used to acquire
the equipment, in accordance with 24 CFR 85.32(e)(2).
D. SUBRECIPIENT hereby agrees, upon the demand of CITY, to execute,
acknowledge and deliver, or cause any person or entity who may have any claim to rights hereunder
or under any document, instrument or agreement executed in furtherance of the services and
activities to be performed hereunder, to execute, acknowledge and deliver, to CITY assignment(s),
quit claim deed(s) or such other and further instruments, documents and agreements as may be
necessary, in the sole and absolute discretion of CITY, to vest in CITY all of SUBRECIPIENT's
right, title and interest (if any it may have) in and to CITY, CDBG or other federal, state and/or
local accounts or program funds or allocation of funds to which CITY is or may be entitled, either
for its own account or as fiduciary or trustee for others, which were obtained for the purpose of the
performance of this Agreement or any previous agreements relating to the same subject matter or
activities as this Agreement, together with any instruments, loans, grants or advances by
SUBRECIPIENT on behalf of CITY, in furtherance of the activities hereunder or thereof.
SUBRECIPIENT's obligations and responsibilities set forth in this paragraph "XI.
REVERSION OF ASSETS," and in paragraph "XII. TERMINATION" and other requirements
pertaining to program income shall not be affected by the termination of this Agreement and shall
survive the date of termination of this Agreement for such period of time as CITY and/or HUD
deems necessary for the responsibilities, duties and obligations to be performed and completed to
the satisfaction of CITY and HUD.
12
5/05
XII. TERMINATION
A. This Agreement may be terminated on thirty (30) days' written notice by either
party. In the event of such termination, SUBRECIPIENT shall only be entitled to reimbursement
for approved expenses incurred to the effective date of termination.
B. This Agreement may be suspended or terminated by CITY upon five (5) days'
written notice for violation by SUBRECIPIENT of Federal Laws governing the use of Community
Development Block Grant Funds. In the event of such suspension or termination, SUBRECIPIENT
shall only be entitled to reimbursement for approved expenses incurred up to the effective date of
suspension or termination.
C. Pursuant to 24 CFR 85.43, in the event SUBRECIPIENT defaults by failing to fulfill
all or any of its obligations hereunder, CITY may declare a default and termination of this
Agreement by written notice to SUBRECIPIENT, which default and termination shall be effective
on a date stated in the notice which is to be not less than ten (10) days after certified mailing or
personal service of such notice, unless such default is cured before the effective date of termination
stated in such notice. If terminated for cause, CITY shall be relieved of further liability or
responsibility under this Agreement, or as a result of the termination thereof, including the payment
of money, except for payment for approved expenses incurred for services satisfactorily and timely
performed prior to the mailing or service of the notice of termination, and except for reimbursement
of (1) any payments made for services not subsequently performed in a timely and satisfactory
manner, and (2) costs incurred by CITY in obtaining substitute performance.
D. The grant of funds under this Agreement may be terminated for convenience in
accordance with 24 CFR 85.44.
E. The grant of funds under this Agreement may be terminated due to the non-
performance of SUBRECIPIENT and/or failure of SUBRECIPENT to perform the work described
in Exhibits A and B or failure to meet the performance standards and program goals set forth
therein.
F. In the event this Agreement is terminated as set forth in subparagraphs XII.A.
through XII.E., inclusive, SUBRECIPIENT agrees to immediately return to CITY upon CITY's
demand and prior to any adjudication of SUBRECIPIENT's rights, any and all funds not used, and
to comply with paragraph "XI. REVERSION OF ASSETS" of this Agreement.
XIII. LIMITATION OF FUNDS
The United States of America, through HUD, may in the future place programmatic or fiscal
limitations on the use of CDBG funds which limitations are not presently anticipated. Accordingly,
CITY reserves the right to revise this Agreement in order to take account of actions affecting HUD
program funding. In the event of funding reduction, CITY may, in its sole and absolute discretion,
13
5/05
reduce the budget of this Agreement as a whole or as to costs category, may limit the rate of
SUBRECIPIENT's authority to commit and spend funds, or may restrict SUBRECIPIENT's use of
both its uncommitted and its unspent funds. Where HUD has directed or requested CITY to
implement a reduction in funding, in whole or as to a cost category, with respect to funding for this
Agreement, CITY's City Manager or delegate is authorized to act for CITY in implementing and
effecting such a reduction and in revising, modifying, or amending the Agreement for such
purposes. If such a reduction in funding occurs, SUBRECIPIENT shall be permitted to de -scope
accordingly. Where CITY has reasonable grounds to question SUBRECIPIENT's fiscal
accountability, financial soundness, or compliance with this Agreement, CITY may suspend the
operation of this Agreement for up to sixty (60) days upon five (5) days written notice to
SUBRECIPIENT of its intention to so act, pending an audit or other resolution of such questions.
In no event, however, shall any revisions made by CITY affect expenditures and legally binding
commitments made by SUBRECIPIENT before it received notice of such revision, provided that
such amounts have been committed in good faith and are otherwise allowable and that such
commitments are consistent with HUD cash withdrawal guidelines.
XIV. EXCLUSIVITY AND AMENDMENT OF AGREEMENT
This Agreement supersedes any and all other agreements, either oral or in writing, between
the parties hereto with respect to the use of CITY's CDBG funds by SUBRECIPIENT and contains
all the covenants and agreements between the parties with respect to such employment in any
manner whatsoever. Each party to this Agreement acknowledges that no representations,
inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone
acting on behalf of any party, which are not embodied herein, and that no other agreement or
amendment hereto shall be effective unless executed in writing and signed by both CITY and
SUBRECIPIENT.
XV. LAWS GOVERNING THIS AGREEMENT
This Agreement shall be governed by and construed in accordance with the laws of the State
of California, and all applicable federal laws and regulations.
XVI. VALIDITY
The invalidity in whole or in part of any provision of this Agreement shall not void or affect
the validity of any other provision of this Agreement.
XVII. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the power,
authority and right to bind their respective parties to each of the terms of this Agreement, and shall
14
5/05
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 accreting
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:
PATRICIA E. HE ALY
Clerk of the Council
APPROVED AS TO FORM:
JOSEPH W.FLETCHER
City Attorney
LO A C. (PE V ALOZA
Assistant City Attorney
DATE:
T
16
CITY OF SANTA ANA
DAVID N. REAM
City Manager
SUBRECIPIENT:
Name: FraA Haydis
Title: President
Tax ID: 95-2620952
City of Santa Ana
Scope of Work
Name of Organization DELHI CENTER
Name of Funded Program DELHI SENIOR PROGRAM
Annual Accomplishment Goal
I. Total number of unduplicated clients (Santa Ana and Non -Santa Ana Residents) anticipated to be served by the
funded program, named above, during the 12 -month contract period.
37 Persons
II. Number of ONLY unduplicated Santa Ana residents to be served by the funded program, named above, during the
12 -month contract period.
37 Persons
Program and Funding Description
III. Description of Work - In the space below, describe the program to be funded during the 12 -month contract period.
What specific activities will be undertaken during the contract period. Please be concise in your response. Only the
viewable space wui print.
1. Link Seniors to health and human services
2. Improve Senior Health and wll-bing by providing forum for socialization
3. Sponsor weekly Bingo games with prizes for 37 seniors
4. Increase Seniors access to critical infrmation and rewources
5. Coordinate workshops with topics that include healthy eating, medicine, the effects of diabetes and Alzheimer's,
pensions, making a will, housing, claiming money benefists and allowances, looking after the house, filling in claim
forms, shopping and exercise.
Schedule of Performace
Estimate the number of ONLY unduplicated Santa Ana residents to be served by the funded program during the 12 -
month contract period per quarter. (Enter number of new Santa Ana clients served each quarter. If they were served
in quarter 1 do not count them again in quarte
Quarter 1: July 1 - September 30
Quarter 2: October 1 - December 31
Quarter 3: January 1 - March 31
Quarter 4: April 1 -June 30
Persons
Persons
Persons
Persons
Total unduplicated Santa Ana Residents to be served.
Schedule of Invoicing
Estimate the amount of grant funds to be requested during the 12 -month contract period on a quarterly basis.
Quarter 1: July 1 - September 30
Quarter 2: October 1 - December 31
Quarter 3: January 1 - March 31
Quarter 4: April 1 -June 30
$ 1,250.00
$
1,250.00
$
1,250.00
$
1,250.00
$
5,000.00
Total Grant
Exhibit A
Page 1 of 1
City of Santa Ana
Performance Outcome Tracking
Please find the activity most closety associated to the service that will be provided and place an "X" next to it then answer
tha nuactinn helnw Please note the trackina that is involved with this activity.
Place an
"X" next to
one
Activity/
Activity
Program
City Outcome Tracking
Goal
HUD Outcome Tracking
HUD Goal
Anti -Crime
Track the reduction in
Reduce response time to
Number of persons assisted:
Sustainability for the
Services
response time and the
serious crimes in the City's
-with new access to a service
purpose of creating
number of criminal
Low- and Moderate -Income
-with improved access to a service
Suitable Living
apprehended as a result.
area by at least 3 minutes
-where activity was used to meet a quality
Environments
resulting in the
standard or measurably improved quality,
apprehension of 1,500
report the number that no longer only
criminals that may
have access to substandard service
otherwise escape.
***5 -year goal to be
achieved by FY 09/10
Fair Housing
Provide fair housing service
1. Provide fair housing
Number of persons assisted:
Accessibility for the
Services
and ongoing analysis of
counseling, education and
-with new access to a service
purpose of providing
impediments to fair
enforcement services to
-with improved access to a service
Decent Affordable
housing.
7,000 Santa Ana
-where activity was used to meet a quality
Housing
households.
standard or measurably improved quality,
***5 -year goal to be
report the number that no longer only
achieved by FY 09/10
have access to substandard service
2. Annually assess actions
Number of persons assisted:
Accessibility for the
to eliminate impediments to
-with new access to a service
purpose of providing
fair housing.
-with improved access to a service
Decent Affordable
-where activity was used to meet a quality
Housing
standard or measurably improved quality,
report the number that no longer only
have access to substandard service
Homelessness
Track assisted individuals
50% of assisted individuals
-Number of households that RECEIVED
Accessibility for the
Prevention
who retained their housing
and households will retain
emergency financial assistance to
purpose of creating
or utilities for at least 6
their housing or utilities for
prevent homelessness
Suitable Living
months after assistance
at least 6 months after
-Number of households that RECEIVED
Environments
was provided.
assistance is provided.
emergency legal assistance to prevent
homelessness
Emergency
Track individuals who
50% of
Number of homeless persons given
Accessibility for the
Shelter
received support services
individuals/households that
overnight shelter
purpose of creating
that were linked to one or
are provided with
Suitable Living
more additional support
emergency shelter will
OR
Environments
service and/or appropriate
transition to interim housing
housing.
(i.e., transitional housing).
Number of beds created in overnight
shelter or other emergency housing
Transitional
Track homeless individuals
5% of homeless individuals
Number of persons assisted:
Accessibility for the
Housing
who participated in
participating in transitional
-with new access to a service
purpose of creating
transitional housing
housing program will be
-with improved access to a service
Suitable Living
program that were placed in
placed in permanent
-where activity was used to meet a quality
Environments
permanent housing.
housing.
standard or measurably improved quality,
report the number that no longer only
have access to substandard service
Supportive
Track individuals who
50% of individuals/families
Number of persons assisted:
Accessibility for the
Services for
received support services
receiving support services
-with new access to a service
purpose of creating
ESG
that were linked to one or
will be linked to one or
-with improved access to a service
Suitable Living
more additional support
more additional support
-where activity was used to meet a quality
Environments
service and/or appropriate
service and/or appropriate
standard or measurably improved quality,
housing.
housing.
report the number that no longer only
have access to substandard service
Exhibit A-1
Page 1 of 3
Place an
"X" next to
one
Activity/
Activity
Program
City Outcome Tracking
Goal
HUD Outcome Tracking
HUD Goal
Senior Services
1. Track assisted senior
1. 80% of assisted senior
Number of persons assisted:
Accessibility for the
citizens that remained
citizens will remain
-with new access to a service
purpose of creating
independent for at least 1
independent for at least 1
-with improved access to a service
Suitable Living
year after services were
year after services are
-where activity was used to meet a quality
Environments
provided.
provided.
standard or measurably improved quality,
report the number that no longer only
have access to substandard service
2. Track seniors receiving
2. 90% of seniors
Number of persons assisted:
Accessibility for the
referrals that were linked to
receiving referrals will be
-with new access to a service
purpose of creating
the services sought.
linked to the services
-with improved access to a service
Suitable Living
sought.
-where activity was used to meet a quality
Environments
X
standard or measurably improved quality,
report the number that no longer only
have access to substandard service
Owner-
Number of owners assisted
Physical safety and
Total number of units:
Accessibility for the
Occupied
to rehabilitate their primary
comfort will be improved for
-Number occupied by elderly
purpose of providing
Housing
residence for the following
Low and Moderate income
-Number of units brought from
Decent Affordable
Rehabilitation
income categories:
households by improving
substandard to standard condition (HQS
Housing
-Extremely Low Income
homes to a level that
or local code)
-Very Low Income
meets or exceeds HUD
-Number qualified as Energy Star
-Moderate Income
housing quality standards.
-Number of units brought into compliance
Special Needs Categories
with lead safe housing rule (24 CFR part
-Large Families
35)
-Number of units made accessible for
persons with disabilities
Frail Elderly
Track frail elderly
90% of frail elderly
Number of persons assisted:
Accessibility for the
Services
individuals that were linked
individuals will be linked to
-with new access to a service
purpose of creating
to the services sought.
the services sought.
-with improved access to a service
Suitable Living
-where activity was used to meet a quality
Environments
standard or measurably improved quality,
report the number that no longer only
have access to substandard service
Disabled
Track disables persons
Support independent living
Number of persons assisted:
Accessibility for the
Services
whose independent living
for 90% of disabled
-with new access to a service
purpose of creating
was supported by City
persons assisted by City
-with improved access to a service
Suitable Living
funds.
funds.
-where activity was used to meet a quality
Environments
standard or measurably improved quality,
report the number that no longer only
have access to substandard service
Services for
Track individuals assisted
100% of individuals
Number of persons assisted:
Accessibility for the
Mentally III
with City resources that
assisted with City
-with new access to a service
purpose of creating
were provided an entry
resources will be provided
-with improved access to a service
Suitable Living
point into the regional
an entry point into the
-where activity was used to meet a quality
Environments
mental health care system
regional mental health care
standard or measurably improved quality,
and linked to at least one
system and linked to at
report the number that no longer only
additional mental health
least one additional mental
have access to substandard service
supportive service.
health supportive service.
Services for
Track how many individuals
Provide entry into the
Number of persons assisted:
Accessibility for the
Substance
with substance addiction in
regional recovery system
-with new access to a service
purpose of creating
Addicted
were provided an entry into
for 25 individuals with
-with improved access to a service
Suitable Living
the regional recovery
substance addiction and
-where activity was used to meet a quality
Environments
system and linked to
link them to additional
standard or measurably improved quality,
additional services.
services.
report the number that no longer only
*"'5 -year goal to be
have access to substandard service
achieved by FY 09/10
Exhibit A-1
Page 2 of 3
Place an
"X" next to
one
Activity/
Activity
Program
City Outcome Tracking
Goal
HUD Outcome Tracking
HUD Goal
Youth Services
1. Track improvement in
1. For education -based
Number of persons assisted:
Accessibility for the
pre-test, post-test scores.
programs, improve pre-test
-with new access to a service
purpose of creating
post-test scores by 50%
-with improved access to a service
Suitable Living
-where activity was used to meet a quality
Environments
standard or measurably improved quality,
report the number that no longer only
have access to substandard service
2. Track number of
2. Provide opportunities for
Number of persons assisted:
Accessibility for the
individuals exposed to the
exposure to the fine arts.
-with new access to a service
purpose of creating
fine arts.
-with improved access to a service
Suitable Living
-where activity was used to meet a quality
Environments
standard or measurably improved quality,
report the number that no longer only
have access to substandard service
3. Track children/youth
3. 90% of children/youth
Number of persons assisted:
Accessibility for the
seeking referrals that were
seeking referrals will be
-with new access to a service
purpose of creating
linked to the services
linked to the services
-with improved access to a service
Suitable Living
sought.
sought.
-where activity was used to meet a quality
Environments
standard or measurably improved quality,
report the number that no longer only
have access to substandard service
Low- and
Track program participants
90% of program
Number of persons assisted:
Accessibility for the
Moderate-
that were linked to services
participants will be linked to
-with new access to a service
purpose of creating
Income
sought.
services sought.
-with improved access to a service
Suitable Living
Services
-where activity was used to meet a quality
Environments
standard or measurably improved quality,
report the number that no longer only
have access to substandard service
Describe how you will gather the tracking information, noted above, for that activity.
IBy signing sheets on every event as well as referral log sheet in the 37 files that we will open for the clients.
Exhibit A-1
Page 3 of 3
Organization Name
Program Name
Program Year 2007-2008
Final Budget
DELHI CENTER
DELHI SENIOR PROGRAM
txpenaitures
Category
Expenses Funded by
Santa Ana CDBG
Expenses Funded
by Other Sources
Contract -Private Funding
Total Program
Budget
Total Organizational
Budget
Administrative Staff
Salaries & Benefits
$ 5,000
$ 55,000
$
60,000
$ -
Program Staff Salaries &
Benefits
$ -
$ -
$
_
$ _
Contractual/Professional
Services
$ -
$
-
Office Supplies
$
_
60,000
Rent
$
_
Communications
$
_
Utilities
$
_
Insurance
$
_
Other: List below
1
$
-
2
$
-
3
$
_
4
$
_
15
$
-
Total
$ 5,000
$ 55,000
$
60,000
$ -
LIST ALL OTHER PROGRAM FUNDS THAT HAVE BEEN SECURED FOR 07-08
(Total Funds for Program must equal Total Program Budget above)
SniirrA Amni in#
Santa Ana CDBG
$
5,000
Contract -Private Funding
$
55,000
Total Funds for the Program
$
60,000
r-mioit is
Page 1 of 1
2007-2008 Funded Personnel
Name of Organization: DELHI CENTER
Name of Program DELHI SENIOR PROGRAM
NOTE: Please remember that this is only a budget and that reimbursement should be based on actual service.
ADMINISTRATIVE STAFF
Position Title Annual Annual Total
Salary Benefits Compensation
CDBG Funds
Requested for
this position
Of this time
percent of
time serving
Santa Ana
Maximum
Amount of
eligible
Complensation
Interim Executive Director $ 50,000 $ 10,000 $ 60,000
$ 5,000
100% $
60,000.00
$ -
$ -
$ -
$
$ -
$ -
$ -
$ -
Total Amount Requested
$ 5,000
Must equal amount indicated on Exhbit B
PROGRAM STAFF
Position Title Annual Annual Total
Salary Benefits Compensation
CDBG Funds
Requested for
this position
Of this time
percent of
time serving
Santa Ana
Maximum
Amount of
eligible
Com lensation
$ -
$ -
$
Total Amount Re uested
$ -
Must equal amount indicated on Exhbit B
CONTRACTUAL/PROFESSIONAL SERVICES
Type of Service Annual Contract Amount Total
Compensation
CDBG Funds
Requested for
this position
Of this time
percent of
time serving
Santa Ana
Maximum
Amount of
eligible
Com lensation
$ -
$ -
$
Total Amount Re uested
$ -
Must equal amount indicated on Exhbit B
***Please note for personnel whose time is not directly traced to serving Santa Ana and instead a percentage is used please
confirm the percentage is accurate prior to requesting reimbursement.
Exhibit B-1
Page 1 of 1
4DIV/0!
#DIV/0!
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#DIV/0!
#DIV/0!
#DIV/0!
#DIV/0!
#DIV/0!
#DIV/0!
#DIV/0!
4DIV/0!
#DIV/0!
#DIV/0!
#DIV/0!
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#DIV/0!
#DIV/0!
#DIV/0!
#DIV/0!
#DIV/0!
#DIV/0!
#DIV/0!
#DIV/0!
#DIV/0!
#DIV/0!
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 $100,000 for each such failure.
Grantee/Contactor Organization
Name of Certifying -Off -i-(
EXHIBIT C
Page 1 of 2
Program Title
SUBRECIPIENT warrants the following:
1. SUBRECIPIENT will comply with Public Law 88-352, Title VI of the Civil Rights
Act of 1964 (42 U. S. C. section 2000 et seq.) and implementing regulation in 24 CFR
Part 1.
2. No person in the United States shall on the ground of race, color, religion, national
origin, or sex, be excluded from participation in, or be denied the benefits of, or be
subjected to discrimination under any program or activity funded in whole or in part with
community development funds made available pursuant to the ACT.
3. All laborers and mechanics, employed by contractors or subcontractors in the
performance of construction work financed in whole or in part with community
development funds shall be paid wages at rates not less than those prevailing on similar
construction in the locality as determined in accordance with the Davis -Bacon Act, as
amended, 40 U. S. C. Sections 276 a 1-5, except for individuals who perform services for
which they volunteered; do not receive compensation for such services; or are paid
expenses, reasonable benefits, or a nominal fee for such services; and are not otherwise
employed at any time in construction work.
4. SUBRECIPIENT will comply with all Federal statutes applicable to projects funded
with community development funds, except that (a) SUBRECIPIENT does not assume
CITY'S environmental responsibilities described at 24 CFR 570.604; and (b)
SUBRECIPIENT does not assume CITY'S responsibility for initiating the review process
under Executive Order 12372.
EXHIBIT C
Page 2 of 2
72/'16/2007 04:05 5652602, WORK CENTER
F' aE 0'i
FRODU 2-0 t. CERTIFICATE OF LIABILITY INSURANICE
(949) 55 ,9700 D. �tMa+momrY)
Westland Insurance Brokers E 0949)553-9797 2/29/ZO06
TWIS CERTIFICATE IS ►$SUED AS A MATTER OF INFOR(NAT1pN
2302 Martin, Suite 37,5 ONLY AND CONFERS NO MGHTS UPON THE CERTIFICA TE
HOLDER THIS CERTIFICATE DOES NOT AMEND, ExiENj% OR
Irvine, CA 92612
A-2007-105-015 TH_AFiFor�DED 8Y T POLCCI 5 E LdW.
m 1krzD Del" CoflmunitY Center AFFORDWG COVERAGE
S05 South Central Ave, INS RA Safeco Ins Co of America 740
Santa Ana, CA 92707-3504 INSURER&
INiouReR c
IN3UF" D; *REVISED" ADDITIG PRIM,4RY j
GuReR �' NON-CONiR7BCfiRY WORD7:NG
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE= FOR THE POLICY PERIOD INDIC. TE
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHIER DOCUMENT WITH RESPI'CT TO WHICH THIS CERTIFICATE hqy g( ISSUED
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN i$ SUBJECT TO.4LL THE TERMS, EXCLUSIONS AN 'CONDITIONS
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REbUCEp BY PRID CLAIMS. 4, NITWITS
SR DD
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COMBINED SINGLF LIMIT
(Ea 0 -*W)
BODILY INJURY'
(Per p -m m)
MOOILY INJURY
(�eacldenq
PROeaklontPE=) DAMAGE
;V
AUTO ONLY -EA ACCIDENT y
OTHER THAN EA ACC f
AUTO ONLY:
AC-G ;
fACHOCCURRENCE t
4GGRGOA 7E S
S
t� S
E.L. EACH ACCIDENT
E.l. =EASE- EA eeur•
..••••� Ine narttord di26pD�`M2830A�6�j7 20 MsPROMW,PRovWNS
ie City of Santa Ana WORK Center and their respectiVenffiters 36000�
Deductible: 52,500
d representatives are named as Additional Insured Toy,, -'s, agents, volunteers
]low by Company red AND Primary Non-Cantributory Endorsement to
xcept non -Payment of Premium which is a
10 day notice of cancellation
:B.ZiE1CA7E No�n�,?
Atn: Bfea Gotnralex Center
1000 E. Santa Ana Blvd
Ste. 200
Santa Ana, C4 92701
ACORD 25 (200'(/08) FAX: pI056S•-2602
S
S
s
4
5
b
10
SHOULD ANY OF THE ADO%% DEiSCRIg
EXPIRAMN DATE THEREOF, THE ISSUIMU 94 REk tiYILLMENoEAVOR To �1
1,1L
-'t 3� DAYS-RITTEN NOTICE TO THE CE"FICATE HOLDER NAMED TO T iBUTFARyRE!OMAIL SUCH Nm'ncp SHALLtMppgENOOBLIG,ATIGN OR LIr.bF ANY KIND UPON THE INSURRj�, ITS AGENTS OR REPRESENTATWS.
(PACORD CORPORATION, 79W
02/16/2007 04:05 5652602 WORK CENTER RA E 05
POLICY CLANG r TM AFtMaM TmcRmwAL TPA"MenoN MAY WLUcCA=rwwLP0Wm M15 02
EFFB(.`TM- 12/14/06
NAMED INSURED: r)MHI COMMUNITY CEN'T'ER POLICY PJ 9m. 01 -CH -352706-1
*i#*k+f+47k MiY****•3#
THE 'FOLLOWING HAS EEBH AWED
CRSS------------ OVERAGE IlIFORMATIDAI --------------- OSURE --~ RATS---- P--R--------M
C0408RCIAL GENERAL LIABIT,ITY
OTHER TARN PRODUCTS-CaKP'LETED OP=TIONS
*• LOCATICS*
49950 ADDITIONAL INSURRD - JSSORNAS* OF PREE636-
Hm, OFFICE )ERCANTILN OR KANUFACMING
ARBA (PEA 1600 SQUARE FEET) 1 150.0000 $ 150.00
CLRTIF= ACTS OF TERRORISM $ 14D.60
THE FOLLOW= VMW iMVE BW ADDED OR CH MM)
------------------------ -------------------
CG2404(1185) CG7900(0787) 007680(1002)
9-CM01-86) RMSM RMION SAF (30100) PREPARM 01-09-07
AFAkE7AE�AINiODi-3413• :�.n
Feb 21 07 05:23p Delhi Center RccountingHR (714)481-9698
POLICYHOLDER COPY
STATE P.O. BOX 420807, SAN FRANCISCO,CA 94142-0807
COMPENSATION
INSURANCE
FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE
ISSUE DATE: 11-01-2006 GROUP.•
POLICY NUMBER: 1528708-2006
CERTIFICATE ID: 34
CERTIFICATE EXPIRES: 11-01-2007
11-01-2006/11-01-2007
CITY OF SANTA ANA SIP
COMMUNITY DEVELOPMENT AGENCY
20 CIVIC CENTER PLAZA M-21
SANTA ANA CA 92702
This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the
California Insurance Commissioner to the employer named below for the policy period indicated.
This policy is not subject to cancellation by the Fund except upon 10 days advance written notice to the employer.
We will also give you 10 days advance notice should this policy be cancelled prior to its normal expiration.
This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage atforded
by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document
with respect to which this certificate of insurance may be Issued or to which it may pertain, the insurance
afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy.
tlllll�ZED REPRESENTATI PRESIDENT
EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE
EMPLOYER
DELHI CENTER (NON-PROFIT CORPORATION)
505 E CENTRAL AVE
SANTA ANA CA 02707
(RE V. 2-051
SP
M041
PRINTED _ 10-17-2006
F 2 C�.r
SP
06/16/2008 09:22 WESTLAND INSURANCE BROKERS 4 17146476515 NO.854 P001
ACORD CERTIFICATE OF LIABILITY
vRODucER (gag) 553-9700, Fax(949)553-9797
Westland Insurance Brokers
2302 Martin, Suite 315 A ? - /C. '0/
DATE IMMIDO(YYYY)
INSURANCE 1/8/2008
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
REQUIREMENT,
OREDBY TTHE POCIES DICRIBED HEREIN ISSUBJECTOLLHfMSEXCLUSONS AND CONDITIONS OF SUCHPOLICIES
LIS
Irvine CA 92612 G/
INSURED
INSURERS AFFORDING COVERAGE NAIC 4
INSURER A MAML INSLTRANCE COMPANY
INSURERS
Delhi COm=unity Center
GENERAL LIAOILITY
505 south Central Ave.
INSURERC
12/14/2008
w OCCUBMWE L 1,000,000
INSURER 0
INSURER E
Santa Ana CA 927073504
OV G
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY
I„ THIS CERTIFICATE MAY
TERM 08CONDITION OFDOCUMENT TTATEoITISSUED OY
REQUIREMENT,
OREDBY TTHE POCIES DICRIBED HEREIN ISSUBJECTOLLHfMSEXCLUSONS AND CONDITIONS OF SUCHPOLICIES
LIS
HE INSUCEA
REGATE LIMITS SHOOM MAY KAVE BEEN REDUCED BY PAID CLAIMS
INSR DO'LPOLICY EFFECTIVE POLICY EXPIRATION LIMITS
TYPE OF INSURANCE POLICY NUMBER DATE(MWDOrM DATE MMIDONY
GENERAL LIAOILITY
8502SS307001
12/14/2007
12/14/2008
w OCCUBMWE L 1,000,000
DAMAGE TO RENTED 11000,000
POFMSF..S E9 nrn0e 6
X COMMERCIAL GENERAL LIABILITY
10,000
A
CLAIMS MADE � OCCUR
MED EXP An one n 6
PERSONAL 6 ADV INAIRY c 1,000,000
ENERALA +REGATE 1 3,000,000
P CTS - NIPIOP A 3,000,000
GEN'L AGGREGATE LIMIT APPLIES PER'
POLICY JE a LOC
AUTOMOBILELIABIL"Y
8502SS307001
12/14/2007
12/14/2008
COMBINED SINGLE LIMIT f 1,000,000
ANY AUTO
I Ee acodeMl
BODILY INJURY
f
A
ALL OWNED AUTOS
d x .�_ _,J
F
k
(Per Person)
SCHEDULED AUTOS
X
HIRED AUTOS-
BODILY INJURY s
(per eoCldc.)
X
NON -OV -WED AUTOS
---- -` f
01PROPERTY
DAMAGE)
GARAGE LIANUTY
AUTO ONLY -EA ACCIDENT
ANY AUTO -
OTHER THAN FA ACs
.
AUTO ONLY AGIC
EXCESSIUMBRELLA LIABILITY
A602SS307003
12/14/2007
12/14/2008
_rUPRFNs 11000.000
AGGREGATF 6 1,000,000
X1 OCCUR D CLAIMS MADE
f
s
A
DEDUCTIBLE
HX
RETE ION S10,000
f
T &YSTATU- OTH.
WORKERS COMPENSATION AND
6 EACH ACCIDENT
EMPLOYERS` LIABILITY
ANY PROPMETORIPARTNERIEXECUTNE
OFFICERMEMBER EXCLUDED?
E L DISEASE - EA EMPLOYEE 6
L. DISEASE- POLICY LIMIT f
II yes, ducnbe uIWM
SPECIAL DROVI IONS peldw
SPECT
12/14!2007
12/14/2008
$1,000,000 EACH INCIDENT
A
PROFESSIONAL
850253307001
LIABILITY
$3,000,000 AGGREGATE
DESCRIPTION OF OPERATONSIL.00ATIONSNEMCLESMXCLUMONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
Fidelity Bond: The Rartford 072EDDAX2830 - 7/7/200'7-2008 Limit: $600,000 Deductible: 52,500
The City of Santa Ana, its Offioers, Employees, Agents, Representative and Volunteers of the Community Development
Agency of the City of Santa Ana are named as Additional insureds par attached CG2C26. This policy is primary and
Non -Contributory. *Except non-payment of promium which is a 10 day notice of cancellation
E;hKTIHE;A I k
City Of Santa Ana
Community Development Agency
Attn: Francisco Hernandez
PO Box 1988, H25
Santa Ana, CA 92702
SHOULDANYOF, THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL
*30 DAYS WRITTEN NOTICE To THE CERTIFICATE HOLDER NAMED TO THE I.M. BUT
FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND VPON THE
INSURER ITS AGENTS ORREPRFSENTATIVES.
AUTHORIZED REPRESENTATIVE
Alfonso Galvez/PAT\�
,,,..anon �-noonaATtnN 1988
ACORD 25 (21)01/08) - -
Pago 1 W 2
06/16/2008 09:22 WESTLAND INSURANCE BROKERS 4 1?1464?6515 NO.854 P002
POGCY NUMBER' 8502SS307001 - 0 COMMERCIAL GENERAL LIABILITY
CG 20 26 07 04
THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - DESIGNATED
PERSON OR ORGANIZATION
This endorsement modifies Insurance provided under the following:
COMMERCIAL_ GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional insured Person(s) Or Organization(s)
CITY OF SANTA ANA, COMMUNITY DEVELOPMENT
P C'BOX-1938 M25, SANTA ANA, CA 92702
CITY OF SANTA ANA AND IT''S OFFICERS, AGENTS AND EMPLOYEES AND
VOLUNTEERS ARE NAMED AS ADDITIONAL INSURED AS RESPECTS THEIR
INTEREST IN CONNECTION WITH THE NAMED INSURED
IT IS AGREED THAT ANY INSURANCE MAINTAINED BY THE CITE'' OF SANTA
ANA SHALL APPLY IN EXCESS OF, AND NOT CONT•RI-B-UTE WITH, INSURANCE
PROVIDED BY THIS POLICY
Information required to complete this Schedule, 9 not shown above, will be shown in the Declarations.
5action 11 - Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily Injury", "property
damage' or 'personal and advertising injury"
caused, In whole or in part, by your acts or
omissions or the acts or omissions of those acting
on your behalf:
A. In the performance of your ongoing operations;
B. In connection with your premises owned by or
rented to you.
CG 2026 07 04 Copyright, ISO Properties, Inc„ 2004 Page 1 of 1 0