HomeMy WebLinkAboutPAINT YOUR HEART OUT (6) - 2013INSURANCE ON FILE
WORK MAY PROCEED
UNTILI SURANC — EX
Ij1 S
CLERK OF COUNC L
DATE:
AGREEMENT BETWEEN THE CITY OF SANTA ANA AND
PAINT YOUR HEART OUT FOR USE OF
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
(With Provisions Relating to Compliance with Title X
and 24 CFR Part 35 Relating to Lead Based Paint)
Eno
A- 2013 - 066 -03
This Agreement, made and entered into this Ist day of July, 2013, by and between the City
of Santa Ana, a charter city and municipal corporation of the State of California ( "CITY ") and
PAINT YOUR HEART OUT; a California nonprofit corporation ( "SUBRECIPIENT "),
WITNESSETH
Recitals:
A. T he 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 finds 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. Title X of the 1992 Housing and Community Development Act ('title X) established
requirements relating to lead based paint ( "LBP ") in housing receiving federal assistance,
in particular requirements relating to (i) notification (including pamphlet distribution, disclosure to
purchasers and lessees, notice of lead hazard presumption or results of evaluation, and /or Lead
hazard reduction), (ii) lead hazard evaluation (including visual assessment, paint testing, and /or risk
assessment), (iii) lead hazard reduction (including paint stabilization, interim controls, standard
treatments, or abatement depending on the requirements for housing activity type), (iv) ongoing
maintenance, if required, and (v) response to children with environmental intervention blood lead
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levels, as required; and
F. On September 15, 1999 HUD adopted implementing regulations to Title X that became
effective September 15, 2000 as set forth in 24 CFR Part 35, et seq. ( "LBP Regs "), which establish
specific rules regarding notification to owners and occupants about the existence of LBP hazards,
identification of LBP hazards, and control of LBP hazards; and
G. Residential structures built after January 1, 1978 are exempt from lead- based paint
requirements as the use of lead -based paint was banned for use in residences after this date by
Congress (24 CFR Part 35.115). Therefore, the Title X requirements set forth herein shall not be
applicable if the structures involved were built after January 1, 1978.
H. Subpart K - Acquisition, Leasing, Support Services, and Operation of the LBP Regs,
sets forth specific requirements relating to housing providers, such as SUBRECIPIENT, who
administer local programs that provide supportive housing for special needs populations and are
funded by HUD Office of Community Planning and Development ( "CPD ") programs, including
CDBG finds, as provided to SUBRECIPIENT under this Agreement; and
I. In connection with the grant of funds tinder this Agreement, CITY requires that
SUBRECIPICNT comply and evidence of compliance with all applicable requirements of Title X
and the LBP Regs, in particular Subpart K relating to acquisition, leasing, support services, or
operations, and Subpart J relating to rehabilitation, as and when applicable; and
J. I n connection with the grant of funds under this Agreement, CITY requires that
SUBRECIPIENT comply and show evidence of compliance with all applicable requirements of
Title X and the LBP Regs, in particular Subpart M relating to tenant based rental assistance, as and
when applicable; and
K. Attached and hereby fully incorporated to this Agreement are the following notification
attachments: Attachment No. 1 entitled "Protect Your Family From Lead In Your Home ",
EPA747 -K -99 -001, Attachment No. 2 entitled "Sample Disclosure Format for Target Housing
Sates, Disclosure of Information on L ead -Based Paint and Lead -Based Paint Hazards ", and
Attachment No. 3 entitled Sample Summary Risk Assessment Notice Format"; provided however,
that such attachments are not intended to modify or limit SUBRECIPIENT'S obligation to fully
comply with all applicable provisions of Title X and the implementing regulations in the LBP Regs;
and
L. By this Agreement SUBRECIPIENT will accept assignment from the COPY of all
responsibilities set forth in Subpart K of the LBP Regs; and
M. The CITY and SUBRECIPIENT have duly executed this Agreement for the expenditure
of such funds; and
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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:
I.
A. Non - Profit Status - Representations and Warranties.
(1) SUBRECIPIENT acknowledges that its operations and the services it provides to the
community are subject to Subpart K (and, in some instance(s) Subpart J and /or Subpart M) of the
LBP Regs.
(2) SUBRECIPIENT acknowledges that its operations and the services it provides
includes: (a) acquisition, leasing, or ownership of residential property for the purpose of
providing affordable housing for persons with special needs, such as transitional housing, or
(b) housing for persons with special needs, such as the disabled, or (c) financial assistance to
assist transitional housing participants to move to permanent housing by paying for the first
month's rent or security deposit, or (d) tenant -based rental assistance to program participants
who choose their own housing units, and by provision of such services such housing is subject to
the requirements of the LBP Regs.
(3) Representations:
(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, inclusive of compliance with the LBP REGS.
Should SUBRECIPIENT discover any latent or unlalown conditions materially differing from
those inherent in the work or as represented by CITY, it shall immediately inform CITY of such
fact and shall not proceed except at SUBRECIPIENT' S risk until written instructions are
received from CITY'S representative.
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(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.
(4) Compliance with Subpart K of LBP Reds. Subpart K — Acquisition,
Leasing, Support Services, or Operation
(a) SUBRECIPIENT acknowledges and agrees that it shall comply with and
implement the requirements set forth in Title X and the LBP Regs to eliminate, as far as
practicable, LBP hazards in all residential property that is under its ownership, possession, or
control and /or residential property occupied by persons or families that receive financial or other
assistance from SUBRECIPIENT.
(b) SUBRECIPIENT shall provide a notice to all residents /occupants of
residential property that is under its ownership, possession, or control and/or residential property
occupied by persons or families that receive financial or other assistance from SUBRECIPIENT
in accordance with Section 35.125 of the LBP Regs.
(i) SUBRECIPIENT acknowledges that in connection therewith a visual
assessment is not considered an evaluation for purposes of the LBP Regs.
(c) Notification (24 CFR 35.130). SUBRECIPIENT shall provide the LBP
hazard information pamphlet in accordance with Section 35.130 of the LBP Regs to all
occupants, owners, and purchasers of housing.
(i) The pamphlet shall be the EPA /HUD /Consumer Product
Safety Commission lead hazard information pamphlet or an EPA - approved
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equivalent. The current form and version of the pamphlet is attached as
Attachment No. 1 to this Agreement.
(ii) SUBRECIPIENT shall cause to be disclosed to all purchasers
and lessees available information and knowledge regarding the presence of LBP
and LBP hazards prior to selling or leasing a housing unit in accordance with 24
CFR 35, Subpart A. The current form and version of such notice is attached as
Attachment No. 2 to this Agreement.
(iii) SUBRECIPIENT shall ensure that all occupants, owners, and
purchasers of housing be notified in writing of the results of the presumption of
LBP and /or LBP hazards, and results of any lead hazard evaluation, and any lead
hazard reduction work in accordance with 24 CFR 35, Subpart A. The current
form and version of such notice is attached as Attachment No. 3 to this
Agreement.
(d) Lead Hazard Evaluation (24 CFR 35.125). SUBRECIPIENT shall conduct
all activities described in Section 35.1015 relating to visual assessment, paint stabilization, risk
assessment, and maintenance with regard to all residential property that is under its ownership,
possession, or control and /or residential property occupied by persons or families that receive
financial or other assistance from SUBRECIPIENT, except for the exemptions described below
in section 4 (d)(i)(1).
(i) SUBRECIPIENT shall cause a visual assessment to identify
deteriorated paint in all residential property that is under its ownership, possession, or control
and /or residential property occupied by persons or families that receive financial or other
assistance from SUBRECIPIENT.
(1)Section 35.115(a) provides exemptions from Subparts B
through R of the LBP Regs including without limitation, (a) short term emergency assistance
lasting less than 100 days cumulatively is exempted from compliance with Subpart K as to such
short term rental assistance units, and (b) exemption for zero - bedroom units, including SRO
units, for which occupancy by a recipient of SUBRECIPIENT'S services is for less than 100
days, and (c) exemption for residential housing units constructed after January 1, 1978.
(ii) To the extent that the assistance provided by SUBRECIPIENT
to persons or households meets one or more of the exemptions set forth in the LBP Regs, then
compliance with the notification, evaluation, reduction, clearance and other requirements of the
LBP Regs is not required related to the subject housing unit due to such exemption.
(iii) SUBRECIPIENT shall comply with the applicable provisions
of both Subpart K and Subpart M (Tenant Based Rental Assistance) of the LBP Regs as to all
tenant -based long term housing assistance, i.e., assistance to persons /households residing in
housing units cumulatively for more than 100 days. If SUBRECIPIENT has knowledge that an
assisted family or household will occupy a dwelling unit for more than 100 days, the LBP Regs
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require evidence of compliance prior to occupancy. Funding to be provided hereunder is
conditioned upon evidence of compliance.
(1) Subpart M applies to all dwelling units occupied to be
occupied by families or households that have one or more children of less than 6 years of age, as
well as the common areas servicing such dwelling units, and exterior painted surfaces associated
with such dwelling units or common areas. LBP compliance requirements relating to such
dwelling units includes, without limitation: notification, evaluation by visual assessment, paint
stabilization utilizing safe work practices, and clearance.
(2) CITY advises SUBRECIPIENT that in the event the
services provided hereunder include rental assistance payments, such as first and last month's
rent and/or security deposit, and the assisted tenant executes a lease for long term occupancy,
including occupancy in the same dwelling unit for more than 100 days, then the provisions of
Subpart M (Tenant Based Rental Assistance), will apply (unless otherwise informed and directed
by HUD). In this regard, CITY advises SUBRECIPIENT that Subpart M requires HQS
inspection of each dwelling unit prior to occupancy and prior to compliance with applicable
notification, evaluation by visual assessment, reduction through paint stabilization utilizing safe
work practices, and clearance requirements of the LBP REGS.
(e) Lead Hazard Reduction Work. SUBRECIPIENT shall cause LBP hazard
reduction, such as paint stabilization, interim controls, standard treatments, or abatement of all
residential property that is under its ownership, possession, or control and /or residential property
occupied by persons or families that receive financial or other assistance from SUBRECIPIENT,
except as exempted as described in subsection 4(d)(i)(1) above.
(1) If paint stabilization occurs, SUBRECIPIENT shall cause paint
stabilization of each deteriorated surface and clearance of residential units pursuant to Section
35.1330(a) and (b) shall occur before occupancy of a vacant dwelling unit, or where a unit is
occupied, immediately after receipt of the CDBG FUNDS hereunder.
(2) Safe Work Practices shall be used in all LBP hazard reduction work.
(3) Clearance shall be conducted to confirm that no LBP hazards remain
when LBP hazard reduction work is complete. Confirmation of clearance by written certification
of a qualified inspector is required on an annual basis in connection with submittal of the April
15 quarterly report.
(t) Ongoing Maintenance. SUBRECIPIENT shall incorporate ongoing LBP
maintenance activities into regular building operations in accordance with Section 35.1355(a) for
all residential property that is under its ownership, possession, or control and /or residential
property occupied by persons or families that receive financial or other assistance from
SUBRECIPIENT, except as exempted as described in subsection 4(d)(i)(1) above.
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(1) Ongoing maintenance includes confirmation of clearance which shall
be conducted to confirm that no LBP hazards remain when LBP hazard reduction work is
complete.
(2) Ongoing maintenance also includes confirmation of clearance by
written certification of a qualified inspector on an annual basis in connection with submittal of
the April 15 quarterly report.
(3) A part of such ongoing maintenance obligation includes notification of
the results of clearance confirmation and annual confirmation of clearance.
a. SUBRECIPIENT shall cause to be provided a notice to all
occupants of all residential property that is under its ownership, possession, or control and/or
residential property occupied by persons or families that receive financial or other assistance
from SUBRECIPIENT in accordance with Sections 35.125(b)(1) and (c), describing the results
of the clearance examination and the results of annual certification.
(g) Units Cleared Prior to Date of Agreement; Confirmation of Clearance.
In the event the requirements of the LBP REGS relating to lead hazard evaluation, lead hazard
reduction, and lead hazard clearance have been completed on the subject dwelling units prior to
the Date of Agreement, then the SUBRECIPIENT shall provide to the CITY with the April 15
quarterly report a certificate from a qualified inspector evidencing a recent inspection and
confirmation of clearance of LBP and LBP hazards from the subject dwelling unit(s).
5. LBP Informational Summary. For purposes of information only and in no
respect intended to be a representation or warranty of the provisions of the LBP REGS, the CITY
has caused to be prepared an information summary relating to the LBP REGS and application to
dwelling units that may be occupied by recipients of services and /or funding from
SUBRECIPIENT under this Agreement. Attachment No. 4 to this Agreement, attached and
hereby frilly incorporated by this reference, is such information summary. CITY staff will
cooperate with and make themselves available to SUBRECIPIENT to assist in implementation of
compliance with the LBP REGS as to residential dwelling units to be assisted by
SUBRECIPIENT. The parties acknowledge and agree the CITY is and shall not be liable or
responsible for the accuracy of such summary, and the SUBRECIPENT is directed to the LBP
REGS and implementing guidance published and provided by HUD relating to compliance with
such LBP REGS.
B. Amount of Grant and Quarterly Disbursement. The amount granted to SUBRECIPIENT is
$90,000 ( "CDBG FUNDS "), and such funds shall be expended by SUBRECIPIENT on or before
June 30, 2014. The term of this Agreement may be extended upon a writing executed by the
Executive Director of the Community Development Agency and the City Attorney. The CDBG
FUNDS shall be disbursed by CITY to SUBRECIPIENT on a quarterly basis on or before the
15t" of each of the following months(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 15th 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. Failure to provide any of the required
documentation and reporting will cause CITY to withhold all or a portion of a request for
reimbursement, or return the entire reimbursement package to SUBRECIPIENT, until such
documentation and reporting has been received and approved by CITY.
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 B ",
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 under Paragraph II hereof.
D. Allowable Costs. SUBRECIPIENT agrees to complete said program on or before
June 30, 2014 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 terns and conditions of this Agreement. SUBRECIPIENT has the ability to adjust
line item amounts in the budget with the approval of the Grant Administrator, so long as the total
budget amount does not increase.
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 SU,BRECIPIENT'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 lamown violation(s) shall result in termination of grant
finding 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 finding
hereunder.
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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
account for receipt, obligation and expenditure of CDBG FUNDS pursuant to applicable OMB
Circular A -I10 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.
SUBRECIPTENT 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. Further, SUBRECIPIENT shall comply
and/or cause compliance with audit report(s) required by applicable provisions of Title X and the
LBP Regs.
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, Title X, and the LBP 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 SUBRFCIPIENT 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.
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g. Documentation evidencing compliance with all applicable provisions
of Title X and the LBP Regs, in particular Subpart K and, as applicable Subpart J
and /or Subpart M.
(i) Specific documentation, as required, evidencing
compliance with all applicable provisions of such LBP Regs
including: (i) notification, including distribution of the lead
hazard information pamphlet (Attachment No. 1), disclosure
and notices of hazard evaluation and reduction (Attachments
No. 2 and 3); (ii) evaluation of lead hazard(s), including paint
testing and risk assessment; (iii) reduction of lead hazard(s),
including safe work practices and clearance, and
confirmation of clearance; and (iv) ongoing maintenance, as
and if applicable for multifamily properties.
(ii) In this regard SUBRECIPIIENT shall track information on
all persons /households assisted and the housing units assisted
with the CDBG FUNDS. Attachment No. 5 hereto is a sample
form for tracking persons/households and housing units
assisted with the CDBG FUNDS. All categories of
information set forth in such tracking form shall be prepared
and submitted to the CITY with the April 15 quarterly report.
(iii) In the event that such information and reports are not
complete and reasonably satisfactory information submitted in
order for CITY staff to review and evaluate compliance with
applicable CDBG REGS and LBP Regs, then the final quarterly
disbursement payment shall be withheld from the
SUBRECIPIENT.
(iv) Documentation of clearance confirmation as provided in
Section L(I)(g) hereinabove.
(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 or
other documentation supporting and evidencing how the CDBG
FUNDS have been expended during the applicable quarter.
(ii) Quarterly Activity Report: Including in such reports evidence of
compliance with all applicable provisions of Title X and the LBP Regs, in
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particular Subpart K and, as applicable Subpart J, as further described in
subsection (d) hereinafter, and Subpart M, if SUBRECIPIENT provides long
term tenant -based rental assistance. SUBRECIPIENT agrees to provide CITY
with written cumulative (year -to -date) reports of its activities on or before the I5th
day of October, January, April and July for the period beginning July 1, 20_ and
through and including the previous three -month reporting period setting forth the
activities, program accomplishments, new program information and year -to -date
program statistics on expenditures, caseload and activities. When appropriate,
pictures should be included. Failure to provide any of the required
documentation and reporting will cause CITY to withhold all or a portion of a
request for reimbursement, or return the entire reimbursement package to
SUBRECIPIENT, until such documentation and reporting has been received and
approved by CITY.
(iii) Any such other reports as CITY (or HUD) shall
reasonably require and /or request, including but not limited to
the following information: the receipt of program income [as
defined at 24 C FR 570.500(a)] by SUBRECIPIENT in the
operation of said program shall be recorded by SUBRECIPIENT
and reported to CITY; 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 and the number of female heads of
households.
(3) Recordkeepin of f Ongoing Maintenance under the LBP Rees. If the services and
program activities provided by SUBRECIPIENT hereunder establish an ongoing relationship
with a property (such as long term tenant based rental assistance program [Subpart M] or
transitional or permanent housing operated or administered by the SUBRECIPIENT), then the
SUBRECIPIENT shall provide a report to the CITY evidencing that SUBRECIPIENT and/or the
property owner(s), as applicable, has performed ongoing maintenance of the subject property.
Ongoing maintenance shall include evidence of an annual clearance certification of the subject
residential property conducted by a DHS certified technician to ensure that LBP hazard reduction
measures are maintained. All maintenance activities shall be conducted to ensure the threat of
LBP hazards is minimized.
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(4) Recordkeeping under the LBP Regs. The SUBRECIPIENT shall keep records of
distribution of notifications, all visual assessment, evaluations, inspections, repairs, and any other
lead hazard evaluation, reduction, safe work practices, and clearance activities.
(a) The SUBRECIPIENT shall keep records evidencing distribution of all lead
hazard information pamphlet(s).
(b) The SUBRECIPIENT shall keep records evidencing each LBP evaluation
report, LBP hazard reduction documentations, (such as job specifications), and all clearance or
abatement report(s).
(c) The SUBRECIPIENT shall keep ongoing maintenance records and records of
relevant building operations for use during reevaluations of subject property for LBP and/or LBP
hazards.
1. Such records shall be maintained for not less than longer of
(A) three (3) years after the activities cease or (B) the period
required by applicable program regulations. Under the CDBG
REGS records shall be retained for not less than four (4) years after
the activities cease.
2. The SUBRECIPIENT shall provide a copy of any of the
above records to the CITY or to HUD upon request of either or
both.
(d) Tracking Report. If the SUBRECIPIENT has provided, or is providing, rental
assistance payments directed to a housing unit or housing units for more than 100 days, or it is
anticipated that during the last quarter of funding that such rental assistance payment will be for
more than 100 days, then the April 15 quarterly report shall contain information and evidence of
compliance with the requirements herein relating to tracking of housing units, cumulative days of
rental assistance, proper notifications to occupants and owners, HQS inspection, visual
assessment, work write -up, stabilization and clearance of LBP and LBP hazards, if any. The
proposed form of such tracking information is attached hereto as Attachment No. 5 and fully
incorporated by this reference. In the event such April 15 quarterly report does not fully satisfy
the reporting requirements set forth herein and in the LBP Regs, then the final installment
payment of the CDBG FUNDS shall be withheld from disbursement to SUBRECIPIENT.
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, booldwepers 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
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any site in which any of the services or activities funded hereunder are 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,
except as hereinafter provided relating to retention of any records or documentation existing,
created, or maintained in compliance with Title X or the LBP Regs. 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. All records relating to,
or created or maintained in compliance with, Title X and /or the LBP Regs shall be retained and
maintained by SUBRECIPIENT indefinitely, including without limitation, all inspection
report(s), disclosure statement(s), and clearance report(s). 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 ftimds 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 ftilly 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.
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 are rendered in its capacity as an independent contractor and that it is in no
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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. S UBRECIPIENT 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. Lobbyina. S UBRECIPIENT certifies that it w ill 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 malting 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 acertification 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
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
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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 cer tification 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(x)(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 Hive
days after such conviction.
3. 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 d rug abuse assistance or
rehabilitation program approved for such purposes by a federal, state or local health, law
enforcement, or other appropriate agency.
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W. Uniform Administrative Requirements for Non - Governmental Subrecipients/Non-
Profits. The following requirements and standards must be complied with: OMB Circular A -122
"Cost Principles for Non - Profit Organizations" or OMB Circular A -21 "Cost Principles for
Educational Institutions ", as applicable; 24 CFR Part 84, "Grants and Agreements with Institutions
of Higher Education, Hospitals, and Other Non - Profit Organizations," as modified by 24 C FR
570.502(b); and, OMB Circular A -133, "Audits of States, Local Governments and Non - Profit
Organizations ".
X. Subpart K of 24 CFR 570. SUBRECIPIENT will carry out its activities in compliance
with the requirements of Subpart K of 24 CFR 570, however SUBRECIPIENT does not assume the
CITY's environmental responsibilities or the responsibility for initiating the environmental review
process under 24 CFR Part 52.
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
2013 -2014 CDBG progratn year amounts expended by SUBRECIPIENT in carrying out said
program for fiscal year 2013 -2014 pursuant to this Agreement up to a maximum aggregate
payment of Ninety Thousand Dollars ($90000 ) in installments determined by CITY. Payments
shall be made to SUBRECIPIENT through the submission of invoices on a quarterly basis on or
before the 15th of the following months (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 docutnented within
the scope and provisions of this Agreement and that SUBRECIPIENT is in compliance with the
terms and conditions of this Agreement, and in compliance with Title X and the LBP Regs. Failure
to provide any of the required documentation and reporting will cause CITY to withhold all or a
portion of a request for reimbursement, or return the entire reimbursement package to
SUBRECIPIENT, until such documentation and reporting has been received and approved by
CITY.
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 grants and subgrant supported activities to assure
compliance with Federal requirements. Such monitoring covers each program, function and
activity and performance goals are reviewed periodically.
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D. Environmental Review: In accordance with 24 SFR 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.
III.
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 576.5 and OMB
Circulars 1 -102 and A -1107, 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 t he 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
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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 finds may also be used for minor
repairs to such property which are directly related to the cost of rendering the services tinder said
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
faded 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. T he 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: Debbie Schultz
Paint Your Heart Out
1260 N. Hancock St., Ste. 103
Anaheim, CA 92807
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
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consent of CITY. SUBRECIPIENT must submit all subcontracts and other agreements that relate
to this Agreement to CITY. N o subcontract or assignment shall terminate or alter the legal
obligations of SUBRECIPIENT pursuant to this Agreement.
IT IFUT9 ITIFFETBIM / 1
SUBRECIPIENT shall indemnify and save harmless CITY, its officers, employees, agents,
representatives and volunteers from and against any and all damages to or for loss of use of property
and for injuries to or death of any person or persons, including property and employees or agents of
CITY, and shall defend, indemnify and save harmless CITY, its officers, employees, agents,
representatives and volunteers from and against any and all claims, demands, suits, actions or
proceedings of any kind or nature, including, but not by way of limitation, workers compensation
claims and including attorney fees and reasonable expenses for litigation or settlement, resulting
from or arising out of the negligent or wrongful acts, errors or omissions of SUBRECIPIENT, its
officers, directors, employees, agents, subcontractors and suppliers arising out of
SUBRECIPIENT's performance of this Agreement.
X. INSURANCE
A. In accordance with the provisions of Section 3300 of the Labor Code, if
SUBRECIPIENT has any employees it is required to be insured against liability for worker's
compensation or to undertake self - insurance. Prior to commencing performance of this
Agreement, SUBRECIPIENT agrees to obtain and maintain employer's liability insurance with
limits not less than $1,000,000 per accident. If SUBRECIPIENT has no employees, nor workers'
compensation coverage, it must execute a Declaration available from the CITY, and update as is
necessary.
B. SUBRECIPIENT shall undertake self - insurance, or shall obtain, at its sole cost, a
policy or policies of commercial general liability insurance, or equivalent form, with a combined
single limit of not less than $1,000,000 per occurrence.
Such insurance shall: (1) name the City of Santa Ana, its officers, agents,
representatives, employees and volunteers as additional insureds; (2) be primary with respect to
insurance or self - insurance programs maintained by the CITY; (3) contain standard separation of
insureds 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.
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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 fiends. [24 CFR 570.503(b)(8).]
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 t he 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.
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SUBRECIPIENT's obligations and responsibilities set forth in this paragraph "XI.
REVERSION OF ASSETS." and in paragraph "XIL 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 FUJI)
deems necessary for the responsibilities, duties and obligations to be performed and completed to
the satisfaction of CITY and HUD.
XII. TERMINATION
A. This Agreement may be terminated on thirty (30) days' written notice by either
party. In the event of such tennination, 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 f ive (5) days'
written notice for violation by SUBRECIPIENT of Federal Laws governing the use of Community
Development Block Grant Funds. In the event of such suspension or termination, SUBRECIPIENT
shall only be entitled to reimbursement for approved expenses incurred up to the effective date of
suspension or termination.
C. Pursuant to 24 CFR 85.43, in the event SUBRECIPIENT defaults by failing to fulfill
all or any of its obligations hereunder, CITY may declare a default and termination of this
Agreement by written notice to SUBRECIPIENT, which default and termination shall be effective
on a date stated in the notice which is to be not less than ten (10) days after certified mailing or
personal service of such notice, unless such default is cured before the effective date of termination
stated in such notice. If terminated for cause, CITY shall be relieved of further liability or
responsibility under this Agreement, or as a result of the termination thereof, including the payment
of money, except for payment for approved expenses incurred for services satisfactorily and timely
performed prior to the mailing or service of the notice of termination, and except for reimbursement
of (1) any payments made for services not subsequently performed in a timely and satisfactory
manner, and (2) costs incurred by CITY in obtaining substitute performance.
D. The grant of funds under this Agreement may be terminated for convenience in
accordance with 24 CFR 85.44.
E. The grant of funds under this Agreement may be terminated due to the non-
performance of SUBRECIPIENT and /or failure of SUBRECIPENT to perform the work described
in Exhibits A and B or failure to meet the performance standards and program goals set forth
therein.
F. In the event this Agreement is terminated as set forth in subparagraphs XII.A.
through XILE., inclusive, SUBRECIPIENT agrees to immediately return to CITY upon C ITY'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.
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XIIL 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 finding reduction, CITY may, in its sole and absolute discretion,
reduce the budget of this Agreement as awhole or as to costs category, may limit the rate of
SUBRECIPIENT's authority to commit and spend fiords, or may restrict SUBRECIPIENT's use of
both its uncommitted and its unspent funds. W here 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 finding 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 f ive (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 finds by SUBRECIPIENT and contains
all the covenants and agreements between the parties with respect to such employment in any
manner whatsoever. E ach party to this Agreement aelmowledges that no r epresentations,
inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone
acting on be half 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
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the validity of any other provision of this Agreement.
XVII. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature hereinbelow has the power,
authority and right to bind their respective parties to each of the terms of this Agreement, and shall
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.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the last date and
year written below.
ATTEST:
MARIA D. HUIZAR
Cleric of the Council
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By: LISA E. STORCIC
Assistant City Attorney
DATE: j
CITY OF SANTA ANA
l
David Cavazos
CitY Manager
SUBRECIPIENT:
ee a-
Name: Debbie Schultz
Title: Executive Director
Tax ID: 33- 0915612
24
City of Santa Ana
Scope of Work
Name of Organization Paint Your Heart Out, Inc.
Name of Funded Program Paint Day Santa Ana
Annual Accomplishment Goal
I. Total number of unduplicated Households (Santa Ana and Non -Santa Ana Households) anticipated to be served by
the funded program, named above, during the 12 -month contract period.
15 Households
II. Number of ONLY unduplicated Santa Ana Households to be served by the funded program, named above, during
the 12 -month contract period.
15 Households
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 will print
The purpose of Paint Day Santa Ana is to restore hope to low- income seniors and disabled homeowners by completing
repairs, restoring and painting their homes, at no cost to homeowners. The program counters neighborhood blight and
promotes community pride through volunteerism. PYHO's 500- member Paint Day Santa Ana volunteer army completes the
home refurbishing work. Hundreds of volunteers will be recruited from the community to repair and refurbish 15 homes in
the City of Santa Ana for low- income to moderate - income senior and /or disabled homeowners. The restoration of hope
and revitalization of community takes place annually on Paint Day Santa Ana. Each home receives an average of $7,000 in
exterior and landscape improvements. Specific services provided during the year to execute Paint Day Santa Ana include: 1)
screening applicants on the waiting list, 2) outreach to the target neighborhoods for additional applicants, 3) meeting with
community leadership to accomplish project goals, 4) training project volunteers, 5) securing resources to perform repairs,
prep won<and painting, 6) assessing all selected homes and creating work plans for each, 7) completing the prep and
painting of 15 homes, an 8) recognizing volunteers and sponsors.
Santa Ana residents will receive home restoration services for Paint Day that may include:
1) repairs around the house 2) replacing broken windows & locks
3) landscaping /tree trimming 4) garage door replacement /repairs
5) stucco repair and wood replacement 6) referral to CAPOC
7) handrails if needed 8) lead paint abatement
9) prepping and exterior painting 10) waste removal
11) other needed repairs as discovered
Completed repairs will average $7,000 per house and will denote approximately $105,000 in Santa Ana community
improvements
Schedule of Performace
Estimate the number of ONLY unduplicated Santa Ana households to be served by the funded program during the 12-
month contract period per quarter. (Enter number of new Santa Ana households served each quarter. If they were
served in quarter 1 do not count them again in quarter 2
Quarter 1: July 1 - September 30 Households
Quarter 2: October 1 - December 31 Households
Quarter 3: January 1 - March 31 Households
Quarter 4: April 1 -June 30 15 Households
15 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 $10,000.00
Quarter 2: October 1 - December 31 $15,000.00
Quarter 3: January 1 - March 31 $15,000.00
Quarter 4: April 1 -June 30 $50,000.00
$ 90,000.00 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 the auestion below. Please note the tracking that is involved with this activitv.
Place an
X' next to
one
Activity/
Activity
Program
City Outcome Tracking
Goal
HUD Outcome Tracking
HUD Goal
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 09110
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
Owner-
Number of owners assisted
Physical safety and comfort
Total number of units:
Accessibility for the
Occupied
to rehabilitate their primary
will be improved for Low
- Number occupied by elderly
purpose of providing
Housing
residence for the following
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)
X
-Very Low Income
- Moderate Income
meets or exceeds HUD
housing quality standards.
- Number qualified as Energy Star
- 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
Describe how you will gather the tracking information, noted above, for that activity.
1) Home visits and telephone contact will be used to assess the total number of Santa Ana seniors who avoid
institutional care and continue to live independently in their renovated home as a result of Paint Day Santa Ana
during 12 -month period after services are provided.
2) Tablulate the total number of new and unduplicated Santa Ana seniors who received Paint Day Santa Ana home
restoration services in 2012 -13.
3) Paint Day client evaluation form.
4) Client home visits and evaluations will be conducted to determine satisfaction of service and measure each
homeowner's assessment of his /her standard of living following Paint Day.
Exhibit A -1
Page 1 of 1
Organization Name
Program Name
Program Year 2013 -2014
Final Budget
Paint Your Heart Out, Inc.
Paint Dav Santa Ana
Expenditures
LIST ALL OTHER PROGRAM FUNDS THAT HAVE BEEN SECURED FOR 08 -09
(Total Funds for Program must equal Total Program Budget above)
Source Amount
Total Funds for the Program I $ 90,000
Exhibit B
Page 1 of 1
Expenses Funded by
Expenses Funded
Total Program
Total Organizational
Category
Santa Ana CDBG
by Other Sources
Budget
Budget
Administrative Staff
Salaries & Benefits
$ 10,000
$
10,000
Program Staff Salaries &
Benefits
$ 25,000
$
25,000
Contractual/Professional
Services
$ 26,000
$
26,000
Office Supplies
$ 1,500
$
1,500
Rent
$
-
Communications
$
-
Utilities
$ 1,500
$
1,500
Insurance
$ 1,500
$
1,500
Other:List below
XENWAWM
1 Community Relations
$ 2,500
$
2,500
2 Painting /Prep Supplies
$ 16,500
$
16,500
3 Mileaage
$ 1,000
$
1,000
4 Admin- Contract Svcs
$ 4,500
$
4,500
5
$
Total
$ 90,000
$ -
$
K000
$
LIST ALL OTHER PROGRAM FUNDS THAT HAVE BEEN SECURED FOR 08 -09
(Total Funds for Program must equal Total Program Budget above)
Source Amount
Total Funds for the Program I $ 90,000
Exhibit B
Page 1 of 1
2013 -2014 Funded Personnel
Name of Organization: Paint Your Heart Out, Inc.
Name of Program Paint Day Santa Ana
NOTE: Please remember that this is only a budget and that reimbursement should be based on actual service.
ADMINISTRATIVE STAFF
Position Title
Annual
Salary
Annual
Benefits
Total
Compensation
CDBG Funds
Requested for
this position
Of this time
percent of
time serving
Santa Ana
Maximum
Amount of
eligible
Complensation
Executive Director
$ 12,000
$ 6,348
$ 18 348
$ 3,000
30%
$ 5,504.40
Administrative Assistant
$ 31 200
$ 4 332
$ 35,532
$ 5,000
20%
$ 7 106.40
Booldcoe er
$ 11,232
$
$ 11,232
$ 2,000
20%
$ 2,246.40
$
$
$
$
$
$
$
Total Amount Re uested
$ 23,000
$
$
$
Total Amount Requested
$ 10,000
Must equal amount indicated on Exhbit B
PROGRAM STAFF
Position Title
Annual
Salary
Annual
Benefits
Total
Compensation
CDBG Funds
Requested for
this position
Of this time
percent of
time serving
Santa Ana
Maximum
Amount of
eligible
Com leation
Program Director
$ 50,000
$ 23,000
$ 50,000
$ 25,000
50%
$ 25,000.00
$
$
$
$
$
Total Amount Re uested
$ 23,000
$
$
$
Total Amount Reguestedl
$ 25,000
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
C m lensatiou
Lead Abatement
$ 23,000
$ 23,000
$ 23,000
100%
$ 23,000.00
$
$
Total Amount Re uested
$ 23,000
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 B -1
Page 1 of 1
Certification Regarding Lobbying
Certification for Contracts, Grants, Loans, and Cooperative Agreements
The undersigned certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated fiords 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 malting 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 docurnents for all subawards at all tiers (including subcontract, suibgrants, 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 malting 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.
I �--kcy- c6 4�(alit�lj
Organization i Program Title Y-
EXHIBIT C
Page 1 of 2
SUBRECIPIENT warrants the following:
1. SUBRECIPIENT will comply with Public Law 88 -352, Title VI of the Civil Rights
Act of 1964 (42 U. S. C. section 2000 et seq.) and implementing regulation in 24 CFR
Part 1.
2. No person in the United States shall on the ground of race, color, religion, national
origin, or sex, be excluded from participation in, or be denied the benefits of, or be
subjected to discrimination under any program or activity funded in whole or in part with
community development funds made available pursuant to the ACT.
3. All laborers and mechanics, employed by contractors or subcontractors in the
performance of construction work financed in whole or in part with community
development funds shall be paid wages at rates not less than those prevailing on similar
construction in the locality as determined in accordance with the Davis -Bacon Act, as
amended, 40 U. S. C. Sections 276 a 1 -5, except for individuals who perform services for
which they volunteered; do not receive compensation for such services; or are paid
expenses, reasonable benefits, or a nominal fee for such services; and are not otherwise
employed at any time in construction work.
4. SUBRECIPIENT will comply with all Federal statutes applicable to projects funded
with community development funds, except that (a) SUBRECIPIENT does not assume
CITY'S environmental responsibilities described at 24 CFR 570.604; and (b)
SUBRECIPIENT does not assume CITY'S responsibility for initiating the review process
under Executive Order 12372.
EXHIBFP C
Page 2 of 2
AC CERTIFICATE OF LIABILITY INSURANCE
DA
DA1 0 /11511 3Y
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE bOEB
NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE
DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(Ioe) Must" endorsed. If SUBROGATION IS WAIVED, subject to the
terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such ondorsement s .
PRODUCER
Alllanl Insurance SerYice3, Inc.
1301 Dove St., Suite 200
Newport Beach, CA 92660
949 - 756 -0271• Fax 949 - 756.2713• License No. 0036861
CONTACT
NAME:
PHONE: PHONE: NO. NO,
EMAIL ADDRESS: —�
70DUCER: "" —"' --
CUSTOMER 100
INSURED: SPECIAL UABI LITY I N SURANCE PROG RAM(SU P)ME M DER:
PAINT YOUR HEART OUT, INC.
1260 N. HANCOCK, SUITE 103
ANAHEIM, CA 92807
....- ...._........_____—
INSURERS) AFFORDING COVERAGE
SAID IF
INSURERA: ASSOCIATED INDUSTRIES INSURANCE CO.___
23140
INSURER B:
INSURER C'.
09/29113
_
INSURER C:
EACH OCCURRENCE
INSURERS T
INSURER F
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN IS SUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY
PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN
MAY HAVE BEEN REDUCED BY PAID CLAIMS.
PR
TYPE OF INSURANCE
AItisR
°,
POLICY NUMBER
(MMIDDIYY)
(MM /DDIYY)
LIMITS
A
GENERAL UADILITV
X
PAC 100008202
09/29113
09129/14
EACH OCCURRENCE
_
$1,000,000
X COMMERCIAL GENERAL LIABILITY
DAMAGE TORE NTED
PREMISES Ea Occurrence
$1 300)000
MEDEXPR(Anyonepersom)
N/A
01CRUSDADE ® OCCUR
PERSONAL &AOV INJURY
$1,000,000
OL Of $1003
GEN L AGGREGATE LIMIT APPLIES PER
GENERAL AGGREGATE
NA"
PPLGY PRO- LOC
TECRD
PRODUCTS- COMPIOP AGG.
$1,000,000
A
AUTOMOBILE
LIABI LITY
PAC 100008202
09/29113
09/29/14
CO BINdED SINGLE LIMIT
LEA
$1,000,000
BODILY INJURY ( Per person)
ANY AUTO
BODILY INJURY (Per acedeni)
ALL OWNED AUTOS
SCHEDULED AUTOS
PROPERTY DAMAGE
HIREDAUTOS
NON -ONNED AUTOS
AUTODEO: $1.000
,Vy�re+Y.
T(AN i 3
yry vy��
�jlLN+
PAY A,,Ui
a
X
X
UMSREL LA LIAR
OCCUR
RL'j?
�'It'�
.�'
EACHOCCURRENCE
EXCESS LIAR
MADE
MADE
..GG�A
`L _ —°
; I(OQ,l
AGGREGATE
DEDUCTIBLE
RETENTION
C
E. 4 -YO
t Clt)l F "�tYCY
)
WORKERS COMPENSATION
AND EMPLOYERS LIABILITY xu_
5
we sTATU- oTw
roar umrcs ER
AVY PROPRIETCEYDARICER IEXECUrIVE
OFFICER I MENIM P1111 -d EU? u
NIA
L L. EACH ACCI OF NT
E.L. DISEASE - EA EMPLOYEE
NANOA70BY IN XNJ IF YES OE9CRIBE
ORDER DESCRIPTION IF RERATICrve BELOW
EL. DISEASE - POLICY LIMIT
DESCRIPTION OF OPE RATIO NS) LOCATIONSN ERIC LES IAMdI Aeerd 101, Addmonel RemaAs senmwes, If more a mea Is nqulredl
'POLICY FORM DOES NOT CONTAIN A GENERAL LIABILITY ACCR ELATE
AS RESPECTS TO THE AGREE CENT 'A I THE CITY OF SANTA ANA. THE CITY OF SANTA ANA, ITS OFFICERS, AGENTS AND EMPLOYEES SHALL RE NAMED AS ADDITIONAL INSURED, THIS
INSURANCE IS PRIMARY AND ANY OTHER INSURANCE OR SE LFJ NSURANCE MAINTAINED BY SUCH ADDITIONAL INSUREDS IS EXCESS AN NONCONTRIBUTING WITH THIS POLICY.
SEVERABI LITY OF INTERESTS. THE TERMS' PARTICIPATING NAMED INSURED" AND "INSURED" ARE USED SEVERALLY AND NOT COLLECTIVELY, BUT THE INCLUSION HEREIN OF MORE THAN
ONE "PARTICIPATING NAMED INSURED" OR "INSURED" SMALL NOT OPERATE TO INCREASE THE LIMITS OF THE "COMPANY'S" LIABILITY. ADDITIONAL INSURED ENDORSEMENT ATTACHED,
SUBJECT TO POLICY TERMS, CONDITIONS AND EXCLUSIONS.
CERTIFICATE HOLDER
CITY OF SANTA ANA
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
ATTN: FRANK HERNANDEZ
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
MANAGEMENT ANALYST
ACCORDANCE WITH THE POLICY PROVISIONS,
COMMUNITY DEVELOPMENT AGENCY
AUTHORIZED REPRE55TfATIVEADMINISTRATIVE
SERVICES DIVISION
20 CIVIC CENTER PLAZA.
SANTA ANA, CA 92701
ACORD 29130091091 T. ACORO name and logo are NaAWTO madY 0 ACCRA 0200a ACORD CORPORATION, A11,4,mnerved.
AGENCY CUSTOMER ID:
LOC #:
ACOR ADDITIONAL REMARKS SCHEDULE Page 2 of 3
AGENCY
NAMED INSURED: SPECIAL LIABILITY INSURANCE PROURAM (SLIP) MEMBER'.
ALLIANT INSURANCE SERVICES, INC.
PAINT YOUR HEART OUT, INC.
1260 N. HANCOCK, SUITE 103
POLICY NUMBER
PAC 100008202
ANAHEIM, CA 02807
CARRIER
NAIC CODE
ASSOCIATED INDUSTRIES INSURANCE CO.
23140
EFFECTIVE DATE: 09 /29/13
ADDITIONAL REMARKS
THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM,
FORM NUMBER: ACORD 25 (2009109) FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE
Notice of cancellation will be delivered only to the participating named insured as stated in Item 1 of the
Participation Endorsement.
The Company may cancel the coverage by mailing to the first Participating Named Insured at the address shown in the participation
endorsement written notice stating when, not less than sixty (60) days thereafter, such cancellation shall be effective. Provided that the
Participating Named Insured fails to discharge, when due, any of Its obligations In connection with the payment of premium for the policy or
any installment thereof, the coverage may be canbeled by the Company by mailing to the Participating Named Insured at the address
shown in the participation endorsement, written notice stating when, not less than ten (10) days thereafter, such cancellation shall be
effective.
5 1.: F" - %'o
„s,glnt City Atto�/ °�
THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY.
Additional Insured - Designated Person or Organization
This endorsement modifies insurance provided under the following:
SPECIAL LIABILITY POLICY FOR PUBLIC ENTITIES AND NON- PROFIT
CORPORATIONS
or
Any person or entity that the "Named Insured" has entered into a written agreement, prior to a
loss, to provide defense, indemnity or additional insured protection.
The following is added to Section V. PERSONS OR ENTITIES INSURED:
Any person(s) or organization(s) listed in the Schedule above is an Additional Insured, but only
as respects `Bodily Injury" and "Property Damage" arising, in whole or in part, out of the
operations of the Named Insured. The inclusion of such Additional Insured shall not serve to
uicrease the "Company's" Limit of Liability as specified in the participation endorsement of this
Policy:
However, additional insured coverage provided by this insurance will not be broader than
coverage required in the written agreement.
LISA E. S
Assisfiant Ctt�1 ,cttornev
Includes copyrighted material of ISO Properties, Inc., 2004 with Page I of I
its permission
A CERTIFICATE OF LIABILITY INSURANCE
DATE 01/28/14Y
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES
VOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE
,)DES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSU RE R(S), AUTHO )_ Ely1.gF„PRE EN'OA, IV�tOR ODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) mrU t be endorsed. If SUBROGATION IS WAIVED, subject to the
terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s). _ "a
PRODUCER
Alliant Insurance Services, Inc.
CONTACT
_NAM .�
1301 Dove SL, Suite 200
Pea" ` ac Ho:
Newport Beach, CA 92660
_
E. MAIL ADDRESS:
949- 756 -0271• Fax 949-756-2713- Leaned No. OC36861
PRODUCER:
_
CUSTOMER IDn
INSURED: SPECIAL LIABILITY INSURANCE PROGRAM (SLIP)MEMBER:
INSURER(S) AFFORDING COVERAGE
NAICH
PAINT YOUR HEART OUT, INC.
INSURERA: ASSOCIATED INDUSTRIES INSURANCE CO.
23140
1260 N. HANCOCK, SUITE 103
ANAHEIM, CA 92807
INSURER B:
[TAMAGE'TO RE ED
PREMISES (Ee Occurrence
INSU REP C:
MED EXPR (Any one person)
INSURER D:
PE_RSONAL &ADV INJURY
$1,000,000
INSURER E:
GL DED:$T000T -`
INSURER F:
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY
PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN
MAY HAVE BEEN REDUCED BY PAID CLAIMS,
HER
LTR
TYPE OF INSURANCE
ADEL
INSR
SOAR
WVD
POLICY NUMBER
POLICY ERE
(MM/DDIYY)
POLICY EXP
(MMIDOIYY)
LIMITS
A
GENERAL LIABILITY
X
PAC 100008202
09/29/13
09/29/14
EACH OCCURRENCE
$1,000,000
X COMMERCIAL GENERAL LIABILITY
CLAIMS MADE OCCUR
[TAMAGE'TO RE ED
PREMISES (Ee Occurrence
$1,000,000
MED EXPR (Any one person)
N /A_
PE_RSONAL &ADV INJURY
$1,000,000
GL DED:$T000T -`
_
GENERAL AGGREGATEv
NA*
GE NIL AGGREGATE LIM IT APPLIES PER:
POLICY F7 PRO' LUC
PRODUCTS - COMP /OPAGG.'
$1,000,000
A
AUTOMOBILE
LIABILITY
PAC 1000082 02
09/29/13
09/29/14
COMBINED SINGLE LIMIT
(Ea Accident)
$1,000,000
ANY AUTO
BODILY INJURY( Per person)
BODILY INJURY (Per accident)
ALL OWNED AUTOS
SCHEDULED AUTOS
PROPERTY DAMAGE
HIRED AUTOS
AUTO ED NON-OWNED
$1,000
X
X
UMBRELLALIAB
OccOR
y� Sb'p q,ti
--"�
EACH OCCURRENCE
EXCESS LIAR
CLAIMS
5 >F
V4�S
1/
'��tv attorl%ev
Mme'
AGGREGATE
DDUCE
RETENTION
WORKERS COMPENSATION
AND EMPLOYERS LIABILITY
5.,
we srnru. OTH.
TORY uMITS ER
ANY PROPRIETORY /PARTNER I E %ECl1rIVE
oEPICERr MEMeeR Excwoeox `]
N/A
E.L. EACH ACCIDENT
(MANDATORY IN NR) IF YES, DESCRIBE
E.L. DISEASE -EA EMPLOYEE
_
UNDER DESCRIPTION OF OPERATIONS BELOW
E. L. DISEASE - POLICY LIMIT
DESCRIPTION OF OPERATIONS /LOCATIONSNEH IC LES (Anson Acord 101, Additional Remmm semdull IF more ep oe is required)
"POLICY FORM DOES NOT CONTAIN A GENERAL LIABILITY AGGREGATE
AS RESPECTS TO THE AGREEMENT WITH THE CITY OF SANTA ANA. THE CITY OF SANTA ANA, ITS OFFICERS, AGENTS AND EMPLOYEES SHALL RENAMED AS ADDITIONAL INSURED. 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. SEVERABILITY OF INTERESTS:
THE TERMS "PARTICIPATING NAMED INSURED" AND "INSURED" ARE USED SEVERALLY AND NOT COLLECTIVELY, BUT THE INCLUSION HEREIN OF MORE THAN ONE "PARTICIPATING NAMED
INSURED" OR "INSURED" SHALL NOT OPERATE TO INCREASE THE LIMITS OF THE "COMPANY'S" LIABILITY. ADDITIONAL INSURED ENDORSEMENT ATTACHED. SUBJECT TO POLICY TERMS,
CONDITIONS AND EXCLUSIONS.
CITY OF SANTA ANA
ATTN: FRANK HERNANDEZ
MANAGEMENT ANALYST
COMMUNITY DEVELOPMENT AGENCY
ADMINISTRATIVE SERVICES DIVISION
20 CIVIC CENTER PLAZA, M -25
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
NO
AOORO 252009/W -TM1a, ACORO name and logo are registered marks arACORD @2008ACOROCORPORATION. All Int reservetl.
AGENCY CUSTOMER ID:
LOC #:
ACORbe ADDITIONAL REMARKS SCHEDULE
Ill
Page 2 of 3
AGENCY
NAMED INSURED: SPECIAL LIABILITY INSURANCE PROGRAM (SLIP) MEMBER:
ALLIANT INSURANCE SERVICES, INC.
PAINT YOUR HEART OUT, INC.
1260 N. HANCOCK, SUITE 103
POLICY NUMBER
PAC 1000082 02
ANAHEIM, CA 92807
CARRIER
NAIC CODE
ASSOCIATED INDUSTRIES INSURANCE CO.
1 23140
EFFECTIVE DATE: 09/29/13
ADDITIONAL REMARKS
THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM,
FORM NUMBER: ACORD 25 (2909/09) FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE
Notice of cancellation will be delivered only to the participating named insured as stated in Item 1 of the
Participation Endorsement.
The Company may cancel the coverage by mailing to the First Participating Named Insured at the address shown in the participation
endorsement written notice stating when, not less than thirty (30) days thereafter, such cancellation shall be effective. Provided that the
Participating Named Insured fails to discharge, when due, any of its obligations in connection with the payment of premium for the policy or
any installment thereof, the coverage may be canceled by the Company by mailing to the Participating Named Insured at the address
shown in the participation endorsement, written notice stating when, not less than ten (10) days thereafter, such cancellation shall be
effective.
The ACORD name and logo are registered ma,ks of ACORD
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
Additional Insured - Designated Person or Organization
This endorsement modifies insurance provided under the following:
SPECIAL LIABILITY POLICY FOR PUBLIC ENTITIES AND NON - PROFIT
CORPORATIONS
Name
Any person or entity that the "Named Insured" has entered into a written agreement, prior to a
loss, to provide defense, indemnity or additional insured protection.
As respects Grant Funding. This Insurance is Primary and not affected by any other
Insurance carried by such Additional Insured whether Primary, Excess or Contingent, or
The following is added to Section V. PERSONS OR ENTITIES INSURED:
Any person(s) or organization(s) listed in the Schedule above is an Additional Insured, but only
as respects `Bodily Injury" and "Property Damage" arising, in whole or in part, out of the
operations of the Named Insured. The inclusion of such Additional Insured shall not serve to
increase the "Company's" Limit of Liability as specified in the participation endorsement of this
Policy:
However, additional insured coverage provided by this insurance will not be broader than
coverage required in the written agreement.
Includes copyrighted material of ISO Properties, Inc., 2004 with Page 1 of 1
its permission