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HomeMy WebLinkAboutCCDR COMMUNICATIONS INC. DBA CRYSTAL-CLEAR 1-2014INSURANCE ON FILE WORK MAY PROCEED UNTIL INSURANCE EWRE8 N -2014 -011 RENIf OF COU`NrCIL�. G7 TC�J, {, % A or eem "ent No. CZ� VAZq,NN� ON- THE -JOB TRAINING AGREEMENT UNDER THE WORKFORCE INVESTMENT ACT THIS AGREEMENT is made and entered into this 3'a day of February, 2014 between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California (hereinafter "CITY ") and CCDR Communications Inc. DBA Crystal- Clear. TV (hereinafter "EMPLOYER "). WITNESSETH Recitals: A. CITY has been designated a Local Workforce Investment Area ( "LWIA ") pursuant to Section 116 of the Workforce Investment Act ( "WIA"), P.L. 105 -220, 29 USC Section 2801, to receive federal funds to promote effective delivery of job training services to local area residents. B. The State of California has created the California Workforce Investment Board pursuant to Section 111 of the Workforce Investment Act, P.L. 105 -220, 29 USC 2821 to administer the WIA programs operated by the State of California. C. As a LWIA, CITY is entitled to receive federal funds to establish programs to prepare eligible unskilled youth, adults and dislocated workers for entry into the labor market, and to provide job training to those individuals who face serious barriers in obtaining productive employment ( "said Program "). D. EMPLOYER is able and willing to train eligible unskilled applicants for entry into the labor market and is willing to operate said program pursuant to the WIA and applicable federal, state and local laws. WHEREFORE, for and in consideration of the respective and mutual covenants and promises hereinafter contained and made, and subject to all the terms and conditions hereof, the parties hereto do hereby agree as follows: 1. Term. The effective term of this Agreement is for the period beginning February 3, 2014, and ending June 8, 2014. The tenn of this Agreement may be extended upon agreement of all parties and execution of an amendment of the term. 2. Scope of Work. The EMPLOYER shall employ and train one employee (hereinafter "Trainee ") in the occupation and in accordance with the OJT Training Outline set forth in Exhibit A, attached hereto and incorporated herein by this reference. 1 Said Trainee shall be referred by the City of Santa Ana W /O/R/K Center. Training must significantly raise the Trainee from his /her prior position in both level of skill and salary by the end of the training period. 3. Funding. CITY shall reimburse the EMPLOYER an amount not to exceed $5,000 in accordance with the Cost Computation included in Exhibit A. EMPLOYER shall bill the CITY monthly on an invoice provided by CITY for actual and reasonable cost for providing the services described in this Agreement. Reimbursement of EMPLOYER tinder this Agreement shall be limited to the costs incurred during the basic work week, excluding overtime and any paid holidays or sick leave. Subcontracting Prohibited. The EMPLOYER shall not subcontract or assign the OJT Training. Any attempt by the EMPLOYER to delegate or assign OJT training duties tinder this Agreement shall void, and permit CITY to immediately terminate, this Agreement. Employer Obligations. During the training, the EMPLOYER shall ensure that the Trainee: a. is on the EMPLOYER's payroll, not paid as a contracted employee /independent contractor; and, receives the same benefits as EMPLOYER's other employees performing similar work; and, C. is paid the salary as indicated in Exhibit A with appropriate payroll taxes withheld and reported; and, d. is provided Worker's Compensation Insurance coverage, pursuant to state law; and, C. is provided by EMPLOYER with safety instructions and equipment necessary for reasonable protection against injury and damage. CONTRACTOR shall maintain appropriate standards for health and safety in work and training situations. Where special clothing or equipment is provided to the EMPLOYER's regular employees, EMPLOYER shall provide the same type of clothing or equipment to the Trainee performing similar work. 6. Em llooyment of Trainee. The EMPLOYER shall employ the Trainee as a regular member of EMPLOYER's work force. If EMPLOYER wants to continue to employ the Trainee upon the successful completion of the training period under this Agreement, said employment shall be subject to the same conditions of employment applied to EMPLOYER's other regular employees, including termination for unsatisfactory performance. Patent. Copyrights and Rights in Data. The EMPLOYER will disclose to the CITY any invention, written product, computer program developed or data assembled as a result of performance of work under this Agreement within seventy four (74) days of invention, development or assembly. The CITY, State of California, and U.S. Department of Labor will have the right to patent any invention and copyright any written product or computer program or data generated by EMPLOYER. Upon written request, EMPLOYER will transfer all pertinent information, specifications and right, title and interest to the designated agency. INVENTIONS, PATENTS AND COPYRIGHTS. A. Reporting Procedure. If any project produces patentable items, patent rights, processes, or inventions in the course of work under a U.S. Department of Labor (DOL) grant or agreement, the CONTRACTOR shall report the fact promptly and fully to the CITY. The CITY shall report the fact to the Grant Officer, at the DOL. Unless there is a prior agreement between the CITY and the DOL and its representative on these matters, the DOL shall determine whether to seek protection on the invention or discovery. The DOL and its representative shall determine how the rights in the invention or discovery, including rights under any patent issued thereon, will be allocated and administered in order to protect the public interest consistent with the "Governmental Patent Policy" (President's Memorandum for Heads of Executive Departments and Agencies, August 23, 1971, and Statement of Government Patent Policy). B. Copyright Policy. 1. Unless otherwise provided in the terms of the grant or agreement, when copyright -able material is developed in the course of or under a DOL Grant or agreement, the author and the CITY which developed the work is free to copyright material or to permit others to do so. The EMPLOYER and the Workforce Investment Board (WIB) shall have a royalty - free, nonexclusive and irrevocable license to reproduce, publish, use and to authorize others to use all copyrighted material. 2. The DOL reserves a royalty -free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for Federal Government purposes: (a) The copyright in any work developed wider any grant, sub -grant, or contract under a grant or subgrant; (b) Any right of copyright to which a grantee, subgrantee or a EMPLOYER purchases ownership with grant support; and (c) EMPLOYER shall comply with the requirements of 29 CFR Part 97.34. C. Rights to Data. The DOL and the CITY shall have unlimited rights to any data first procured or delivered under this Agreement. 9. Hold Harmless. The EMPLOYER shall indemnify, defend and hold harmless CITY, and its officers, agents and employees, from and against any and all damages to property or injuries to or death of any person or persons, including property and employees or agents of CITY, and shall indemnify, defend and hold harmless CITY, and its officers, agents and employees, from any and all claims, demands, suits, actions or proceedings of any kind or nature, including, but not limited to, workers' compensation claims, resulting from or arising out of the negligent acts, errors or omissions of EMPLOYER, its employees, agents or subcontractors. 10. Insurance. The EMPLOYER shall obtain at its sole cost and file with the City of Santa Ana — Santa Ana W /O /R/K Center, upon execution of this Agreement, and maintain for the period covered by this Agreement, a policy or policies of commercial general liability insurance or a certificate of such insurance, satisfactory to the City Attorney of CITY, naming CITY, and its officers, agents and employees, as insured or additional insured (see attached Additional Insured Endorsement, Exhibit C), which provides coverage not less than that provided in the form of a comprehensive general liability insurance policy against liability for any and all claims and suits for damages or injuries to persons or property resulting from or arising out of operations of EMPLOYER, and its officers, agents, or employees. Said policy or policies of insurance shall provide coverage for both bodily injury and property damage in no less than One Million Dollars ($1,000,000). Said policy of comprehensive public liability insurance shall be endorsed to provide to CITY and to the State of California, Employment Development Department, at least thirty (30) days written notice prior to cancellation; name CITY, its officers, agents, employees, and volunteers, and the State of California, its officers, employees, and volunteers as additional insured; and state that such coverage is primary to any other coverage or self- insurance of the State of California and CITY. Governmental entities may substitute a certificate of self - insurance. 11. Record Keening. CITY, the State of California and the United States government and /or their representatives shall have access for purposes of monitoring, auditing and examining of EMPLOYER'S activities, performance, books, documents, papers, and records of EMPLOYER'S subcontractors, bookkeepers and accountants, and employees and participants related to this Agreement. Such agencies or representatives shall also schedule on -site monitoring in their discretion. Monitoring activities may also include, but are not limited to, questioning employees and participants and entering any premises or onto any site in which any of the services or activities funded hereunder are conducted or in which any of the records of EMPLOYER are kept. Nothing herein shall be construed to require access to any privileged or confidential information as set forth in federal or state law. In the event EMPLOYER does not make the above - referenced documents available within the City of Santa Ana, California, EMPLOYER 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. All accounting records and evidence pertaining to all costs of EMPLOYER and all documents related to this Agreement shall be kept available at the location where EMPLOYER conducted the program, as well as in the County of Orange, for the duration of this Agreement and thereafter for three (3) years after completion of an audit. 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, the State of California or the United States Government take exception, 'I shall be retained beyond the three (3) years until resolution of disposition of such appeals, litigation, claims, or exceptions. 12. Government Fundine. This Agreement is valid and enforceable only if sufficient funds are made available to the State by the United States Government for the same Fiscal Year as for this Program. In addition, this Agreement is subject to any additional restrictions, limitations, or conditions enacted by Congress or any statute enacted by Congress which may affect the provision, terms or funding of this Agreement in any manner. 13. Payment Cap. City's OJT payments to EMPLOYER shall not exceed a maximum of fifty percent (50 %) of the wages paid by EMPLOYER during the training period specified in Exhibit A. 14. Amendment of Agreement. No alteration or variation of the terms of this Agreement shall be valid and/or binding unless made in writing and signed by both parties. There are no oral understandings or agreements between the parties. 15. Breach/Sanctions. If, through any cause, EMPLOYER violates any of the terms and conditions of this Agreement, or if EMPLOYER reports inaccurately or if any Audit Report makes disallowances, EMPLOYER shall promptly remedy its acts or omissions and /or repay CITY all amounts due CITY as a result of EMPLOYER's violation. For any such failures or violations, CITY shall also have the right at its sole discretion to either: (1) discontinue program support until such time as EMPLOYER fulfills its obligations or remedies all violations of this agreement or prior agreements; and/or (2) collect outstanding amounts as determined by CITY due CITY by offsetting or debiting from current claims or invoices, if after thirty (30) days' written notice EMPLOYER has failed to repay same or a repayment schedule has not been made; and/or (3) terminate this Agreement by giving written notice to EMPLOYER of such termination in accordance the notice provision in Paragraph XVIII herein below. 16. Termination. Either party may terminate this Agreement upon thirty (30) days prior written notice to the other party. However, the CITY may immediately terminate this Agreement at such time as funds are not made available to CITY through the United States Department of Labor or the State of California Employment Development Department for the purpose of carrying out this Agreement. 17. Independent Contractor. The EMPLOYER, and any agents and employees of the EMPLOYER, in the performance of this Agreement, shall act in an independent capacity as independent contractors and not as officers, employees, or agents of the CITY. This Agreement is not intended nor shall it be construed to create an employer - employee relationship between EMPLOYER and CITY, nor a joint venture relationship. The EMPLOYER shall not subcontract in the name of the CITY. 18. Equal Employment Opportunities. The EMPLOYER warrants that it will comply with Title VI of the Civil Rights Act of 1964, and the requirements relating to equal employment opportunities set forth in Executive Order No. 11246, as amended by E.O. 5 11375 and supplemented by the requirements of 41 CFR Part 60. EMPLOYER will also comply with all applicable federal and state laws and regulations, and particularly those assurances and certifications set forth in Exhibit B attached hereto and by this reference incorporated herein. 19. Prohibitions. The EMPLOYER shall not use any of the training funds provided under this Agreement for political or sectarian activities. 20. Grievance Procedure, The EMPLOYER shall continue to operate, or shall establish and maintain a grievance or complaint handling procedure relevant to the terms and conditions of employment and the EMPLOYER's activities and programs, which shall meet at a minimum the requirements set forth in Section 101(31) of the Act and 663.700- 710 and regulations promulgated by the State or Federal Government. Employers that do not have a grievance or complaint handling procedure shall use the procedures prescribed by the CITY. 21. Guidelines. The CITY shall make the WIA applicable federal regulations and policy guidelines available to EMPLOYER at CITY — W /O /R/K Center, 1000 E. Santa Ana Blvd., Suite 200, Santa Ana, California 92701. The CITY shall also inform the EMPLOYER of changes in the WIA regulations or policy guidelines if such changes affect the operation of this Agreement. 22. Drug Free Workplace. The EMPLOYER agrees to provide a drug -free work place and to execute a certification as set forth in Exhibit D attached hereto and incorporated herein by this reference. 23. Notices. All notices, reports and correspondence between the parties hereto respecting this Agreement shall be in writing and deposited in the United States mail, postage prepaid, addressed as follows: CITY: City of Santa Ana — Santa Ana WORK Center 1000 E. Santa Ana Blvd., Suite 200 Santa Ana, CA 92701 Attention: WORK Center Director EMPLOYER: CCDR Communications Inc. DBA Crystal- C1ear.TV 130 E. Dyer Road St. B Santa Ana, CA, 92707 ATT: Rhonda Hunter 24. Debarment. To protect the public interest and ensure the integrity of Federal programs, CITY may only conduct business with responsible persons and may not make any award or permit any award to any party which is debarred or suspended or is otherwise excluded from or ineligible for participation in Federal assistance programs under Executive Order 12549, "Debarment and Suspension ", See also 29 CRF Parts 97.35 and 98.510. EMPLOYER must review and sign Exhibit E "Debarment ", which is attached hereto and incorporated herein by this reference. 24. Merger. This Agreement, together with the attachments hereto, expresses the total understanding of the parties. There are no oral understandings of the parties or terms and conditions other than as stated herein. 25. 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. 26. 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 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 referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: Lisa Storck Assistant City Attorney Nancy Fong, AIC- Interim Executive Community Devel CITY OF SANTA ANA David Cavazos City Manager EMPLOYER: CEO Tax ID #: 33700792 Exhibit A TRAINING PLAN I. GENERAL 1. Name of OJT Employer: (CDR Communications Inc. DBA Crystal- Clear. TV 2. Address of OJT Work -site: 130 E. Dyer Road Ste B Santa Ana, CA 92707 3. Phone Number: 714- 433 -3500 4. Training Supervisor: Rhonda Hunter 5. Name of OJT Trainee: Sherlock Wheelock 6. Application Number of Trainee: #1023711 7. Grant/Program: OJT -201 8. Proportion of trainees /employees: (at time Agreement entered into) a. Total number of employer's regular employees 5 C. Cumulative number of trainees currently in OJT 0 H. OCCUPATION AND ON- THE -JOB TRAINING OUTLINE: 1. Occupation: Technician/Cable and Satellite Installations 2. Length of Time in Business: 13 years 3. ONET Code: 49- 9052.00 SVP Level: (4.0 to < 6.0) 4. Hourly Starting Wage: $ 16/hour Start Date: 02/03/2014 End Date: 06/08/2014 Hours 625 5. State and Federal Tax I.D.: State: Federal 6. Basic Work Week Hours: 40 W 7. Outline of On- the -Job Training Plan and Method of Assessment: 1 ELEMENTS OF TRAINING HOURS OF TRAINING 1. Will be trained to plan, direct and coordinate satellite installations on a daily basis. 400 A) Implement and formulate installation activities, manage daily activities and plan use of materials and human resources toward maximum productivity. Install satellites dishes. B) Test repair newly installed, or updated equipment to ensure that it functions properly and conforms to specifications using test equipment and observation. C) Analyze information and evaluate results to choose the best solution to solve problems. D) Review work orders and sales and activities reports, overseeing production of service delivery. Determine needs and reduce costs. Analyzing areas requiring improvement. E) Analyze test readings, computer printouts, and trouble reports to determine equipment repair needs and required repair methods. 2. Provide technical support to customers and answer customers calls and 150 questions. A) Demonstrate equipment to customers and explain how it is to be used, and respond to any inquiries or complaints. B) Adjust or modify equipment to enhance equipment performance or to respond to customer requests. C) Maintain a professional demeanor when greeting customers, as well as during the service call 3. Will obtain the following certifications: MDU, DRE certifications. 75 RATING LEVELS: Measurement method: how will it be determined if OJT participant acquired the skill? -Q &A, observation, product review /inspection, etc. PROFICIENT MODERATE MARGINAL II. COST COMPUTATION Hourly Reimbursement: $ 8.00 (50% of $16.00) Training Hours: 625 Cost Per Trainee (Hourly Reimbursement X Training Hours) = $ 5,000 III. ( jc Person(s) authorized to sign payment i oices for EMPLOYER: rint Name Signature Title Print Name Signature Title I -a'7 Date Date a ASSURANCES The EMPLOYER assures that: 1. It will comply with the requirements of the Workforce Investment Act (WIA), the California Unemployment Insurance Code, as amended, and the regulations and policies promulgated thereunder. 2. No OJT participant displaces a regular employee nor shall an OJT participant fill a position of a person who has been laid off from the same or similar position. 3. No current employees are receiving unemployment insurance benefits as a result of layoffs or work reductions. 4. No person in the United States shall on the grounds of race, color, sex, religion, national origin, age, disability, sexual orientation, or marital status be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the applicant receives federal financial assistance and will immediately take any measure necessary to effectuate this Agreement. 5. It will comply with provisions of the Hatch Act, if applicable, which limits the political activities of employees. 6. Individuals receiving training on the job shall be compensated by the EMPLOYER at such rate, including periodic increases, as may be deemed reasonable under regulations prescribed by the Secretary of Labor, but in no event at a rate less than that specified in Section 6 (a) (1) of the Fair Labor Standards Act of 1938 or, if higher, under the applicable State or local minimum wage law. 7. Services and activities provided under this Agreement will be administered by or under the supervision of the EMPLOYER. 8. No relative by blood, adoption or marriages of the EMPLOYER may be trained under this Agreement. 9. Appropriate standards for health and safety in work and training situations will be maintained. 10. Conditions of employment or training are appropriate and reasonable with regard to the type of work, the geographical region, and the proficiency of the trainee. 11. Training will not be for any occupation which requires less than six weeks of training according to the Specific Vocational Preparation Table (SVP Code). 12. Training will, to the maximum extent practicable, be consistent with every individual's fullest capabilities and lead to employment possibilities. 13. The program will, to the maximum extent feasible, contribute to the occupational development or upward mobility of individual participants. 14. Training will be in accordance with the training plan, which plan incorporates documentation that must be completed by EMPLOYER before end of contract. 15. *Dot and * *SVP code books will be used to determine length of OJT period. The training time EXHIBIT B may not be longer than the SVP Code allows; however, contractors are encouraged to negotiate shorter training periods whenever applicable. 16. OJT trainees shall not number more than 40% of the EMPLOYERS work force. 17. All EMPLOYER training payments (reimbursements) must be exclusive of any and all EMPLOYER fringe benefits, paid holidays, paid sick days and overtime compensation. 18. The participating EMPLOYER must keep an accurate and up -to -date time sheet for the OJT trainee. 19. Payroll records, time and attendance records and job duties retained on file by the participating EMPLO ER for each OJT trainee are subject to review. it����� Employer Signature Date EXIiIBIT B Cllent#: 567611 CCORCOMM ACORD. CERTIFICATE OF LIABILITY INSURANCE GAT 1 #A03/2312 14 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLYAND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOTAFFIRMATIVELY OR NEGATIVELY AMEND, WEND OR ALTER THE COVERAGE AFFORDED SYTHE POLICIES BELOW. THIS CER71FICATE OF INSURANCE DOES NOT CONS77TUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT. If the certificate holder ]son ADDITIONAL INSURED, the policy(ies) must be endorsod. If SU BROGATION 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 rig his to the certificate holder In lieu of such andorsementia), Hub International HUB Int'l Insurance Serv. Inc. 10222 Lakewood Blvd, Downey, CA 90241 CCDR Communications,] no.; Crystal-Clear 130 E. Dyer Road Suits B Santa Ana, CA 92707 COVERAGES CERTIFICATE NUMBER- 129WRIMM MIIMPPR• THIS I$ TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVEBEEN ISSUED TOTHE INSURED NAMEDABOVE FORTHE POLICYPERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT W17H 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��PAIDD�CLAIMS, N q TYPE OF INSURANCE INS UG POLICY NUMBER D 011DOYYEYYY MM /DO/YVYV LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABIL17Y _ CL41M6 -AMOE _AJ OCCUR X 72SBATU1039 3(0112013 0310112014 EACH OCCURRENCE. $1 000000 TgRFNTEO �Q S Ea oaunoncel $300000 MEDEXP (Any one on rsun s10000 PERSONAL & ADV INJURY 111 000 000 GENFRILAGGRCOATE s2000000 GENL ACGREGATE X POLICY LIMIT APPLESu PER: I MR LOC PRODUCTS - COMPIOP AGO s2000000 $ AUTOMOBILE MABIUTV ANYAUTO ALL OWNED SCIECULC-D AU'rOa AUTOS HIRED AUI'US �� O WNFD TrS.+Y y �+T'•� v dam• r�+p� 5�, y4J C�y�'q j;L1.aJ• �— LO BI DSINGLE LIMIT a e BODILY INJURY(Pcr parson) 3 BO DILYINJURY(PerRa+ienH s . nu. R7Y ."MACE Peracrltlenl $ $ UMERELLA LIAR E %CE96 LIAB OCCUR CLAIMS MACE A�;,I .� =jf+ ^'°� le EACH OCCURRENCE $ gOGREGATE $ OED RETENTION S $ AND EMPLOYERS' COMPENSATION AND EMppPppLOYERS'PARTNE YIN O}ICkWMGM1TnOC- K EXCLUDED EXECUTIVE (Mandatory In NH) 0�,G¢ deacnha pntteY OESCRIPrIDN CF OPEfL \TIONS gobv NIA fjS915 0f1 { „a / WC STATU- 4TH. - E.L. [ACH ACCIDEI•!T CHAU9D $ _. EL,016RASE-EAFNIPLOYEE $ E,4 DISEASE, POLICY LIMB $ DESCRIPTION OF OPERATIONS I LOCATIONS /VEHICLES (Attaotl ACOR0101, Addebnal Ramalks Schadaie, U more mace la roquhod) The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92702; Its officers, employees, agents and volunteers are named as additional insureds CGOTICIYATR IAN n00 I^A \IPOI I .'f . The City of Santa Ana 20 Civic Center Plaza SHOULD ANY OPTIIE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOP, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS, Santa Ana, CA 92702 AU T H ORIZED REPRESENTATIVE ID 1988.2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010!05) 1 of 1 The ACORD name and logo are registered marks of ACORD #k52616161/M2166529 MB43 EXHIBIT C CERTIFICATE OF LIABILITY INSURANCE DAt TE (MM/OO /YtT PI C /ono THIS CERTIFICATE IS I88UED AS A MATTER OF INFORMATION ONLY AND CCNPERG NORIGHTS UPON T CE I I A 0 ER THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW, THIS' CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE I86UING INSURER($), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE' CERTIFICATE HOLDER - - IMPORTANT; If the oertl9aete holdor IB an ADDITIONAL INSURED, the pollayiles) meet be endorsod. H SUBROGATION IS WAIVED, uub)eat to thetarma end aarvditlons ofthe pallay, oertaln pulloles may pdopire an endorsement. Astatemort on Ibis oertiflaate does Dot an fer rl hts to che oerLlBOate holdeY In I Iou of su N dereemenl e. DDNTNtMxE. T RHONDA SCFIUMUS PRODUCER PHONE (7141433-3500 1 x NkV Nimbe -ly Kittn Emall one Ck'EOD Boulevard ersderiukaburg, VA 224'_2 Addreeel OND C AL —CLEA . TV INSURERS AFFORDING COVERAGE NAIL0 64474 INSUPERA;GOVEHNNIaN'.l' EM:LO'LNE8 1NUURANON COMPANY 22063 INSURED INSURERS: CC_IR COMMUNICA ^ICNS, INC IN4URERO: ':39 It DYER RD 07T6 B SANTA ANA CA 92787 -3765 INSURERO: INSURERS: N8URER F; COVBRAGE3 THE POLICIES OF INSURANCE U STBO BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FORTHE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY RHQUI REMENT, TEFdd OR CON OITI ON OF ANY CONTRACT OR OTHER DOCUMENT WITH FOPE07 TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY FERTAIN, THE INSURANCEAfFOfn EDBYTI'IBPOLICIE80EECRIBEDHEFEN IS SUBIECTTOA],L THE TERMS, EXCW SON B AND CONCI TIC' S OF BUG H POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAMS, SR LTR TYPE OF 044URMOR ADD'L INAAD SUBR WV) POLOYNUMBER POLICY EFFECTNE DATE MMIDDI POLICY EXPIRATION DATE MMIODI LPAITB ' GENERAL LIABIUTY EACH OCCURRENCE $ DAMAGE TO RENTED PREMII (N 0cee1e9* $ COMAIEROWL GENERAL UASUTY CIAIMB MADE[] CCOUR MED. EWBNSE(Any on, personl $ PERSONAL A ADV. INJURY $ 0INERAL AGGREGATE $ PRCOUCTS- COMPICPAGG. $ GENT AGGREGATE LIMIT ARRJES PERI PaNOV PROJECT LOG AUTOMOBILE LIABILITY COMDINED SINGLE LIMIT (EA u06e01) $ $ L;I,.100 $ 30, 000 A ANY AUTO ALLOwNED BCHEOW.ED AUTOe ALTU5 HIRED AVIDS NON•OWNED AUTGS 9100023465 01 2/26/2019 2/24/20,.14 BODILY INJURY (NI,B Yf40) BODILY INJURY r e I PROPERTY OAMADE (Par escldon0 $ c, DGC UMBRGLLAUAB OCCUR EACH OCCURRENCE $ R-XCEBB UAS OI,NMS MAOB AGGREGATE $ CPD RETENTION 8 $ WORKERS' COMPENSATION AND EMPWVBR& WO BFATU OTH" LIABILITY YIN ANY PROPRISTOWHARTNERI CKEGUTIVE NIA TORYU ER EL EACH ACCIDENT $ OPFI MMEMOER VOWDED7 Ifyes, desoYlbollhder SAL NMI LIMIT $ SPECIAL PROVISIONS below SL DISEAAE.LACH EMPLOYEE $ DESORIPRON OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS 2007 FORD E ^ONOLINE V--N! IFTNE1407DB09241 2012 CHEVROLET EXPR,E53 CARGO 25;0 VIK;IGCWGPCA4C11,94141 CERTIPICATE HOLDER CANCELLATION SANTA ANA WORK CENTER COMMUNITY DEVELOPMENT AGENCY ECONOMIC DEVELOPMENT 1000 E SANTA ANA BLVD SHOULD ANY OFTHE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPI RAT] ON DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 8TE 209 SANTA ANA CA 92701• -39 AUTHORIZED REPRESENTATIVE _W Q 9998,2010 AOOrRD CORPORATION,AII rlphtsroeaved. ACORD 26 (2010) 051 Tho AQOM name and logo a o regleteredmarha of ACDRD 00M Client#: 567011 CCDRCOMM CERTIFICATE OF LIABILITY INSURANCE BATE (MMIbb1YYYY) n1 /91 9nId THIS CERTIPICATE IS ISSUED AS A MATTER of INFORMATION ONLY AND CONP51RS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVE4Y OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the Certificate holder ie an ADDITIONAL INSURED, the poliey(les) must be endorsed, If SUBROGATION IS WAIVED, subject to the tariffs a-nd Colfditlnnsof the policy, certain policies mayrequlre an endorsement. A statement on this certificate does not confer rights to tho Certificate holder in lieu of such endorsements . PRODUCER NAME; Mirayn Becarra Hub International H - E 562474-2541 nlc Ne, 562. 724.9900 !i- HUB Int'I Insurance Serv. Inc. 3/0112013 - mirB a.becarra @bubinternational,corn - 10222 Lakewood Blvd. °• H pl Effl %S ao curcence Downey, CA 00241 INSURER(S) APPCRDING COVERAGE NA109 INSURSRA; Hartford Casualty Insurance Com 29424 INSUREq CCDR Corn munlcetlone,InC,p Crystal -Clear INSURER BI 0_2.,000,000 _ LIMIT APPLIES PER; PRO LOG 130 E. Dyer Road Suite 8 INSURER C! $ Santa Ana, CA 92707 INSURER O: - — INSURER S: COMB -LIMIT Ea eccld INSURdR R: BODILY INJURY(Perperso0) 6UVIEKAUIZU CER(IFICATE NUMUER: REVISION NUMBER' THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVEBEEN ISSUED TOTHE INSURED NAMEDABOVE FOR-ME POLICY PERIOD NOICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR 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 BY R TYPE OP INSURANCE N5RL WV� POLICY NUMBER ppROoE�L,tDtUCED MMlo IPI,,A�pIIyDy ®®C��LL�AIMS. /00/YYYY LIMIT$ A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS•MAtlE I OCCUR x 72SBATU1039 3/0112013 03/0112014 EACH OCCURRENCE $1 0og000 H pl Effl %S ao curcence $300 000 MEO P-XP An one neraon 10 000 PERSONAL &ADVINJURY $1 000,00Q GENERAL AGGREGATE 0_2.,000,000 OEML AGGREGATE POLICY LIMIT APPLIES PER; PRO LOG PROOUOTa- COMPIOPAGG $2000,000 $ AUTOMOBILE LIABILITY ANY AUTO ALL OWNED F7 SCHEDULED AUTOS �. AUTOS HIRED AUTOS NON-OWNED AUTOS COMB -LIMIT Ea eccld BODILY INJURY(Perperso0) It BODILY INJURY Par acnidenl ( ) $ PROPERTY DAMAGE Per eccl dog t $ $ UMBRELLA LIAR OXCEae LIAR OCCUR CLAIM &MADE EACH OCCURRENCE $ _ AGGREGATE $ OED I I RETENTION $ IS WORKERS COMPENSATION ANO EMPLOYERS' LIABILITY ANV IoRGPRIETQWPARTNERIEXEGUTIVE Y! N OFFICERIMEMBER EXCLUDED? ❑ (Mandatory In NH) If Ye0, 0I unticr DESCRIPTION OF OPERATIONS helow NIA WG STATU- QTH• E,I., EACH ACCIDENT $ EL, ONNAGE . EA EMPLOYEE EL. DISEASE - POLICY LIMIT $ BaECRIPTIQN GF QPERATIQNP I LOCATIONS 1 VEHICLE$ (Attach AQORD 101, Addalonnl Ramama Schadula, X morn apaoa la required) The City of Santa Ana, 20 Civic Canter Plaza, Santa Ana, California 92702; Its officers, employees, agents and Volunteers are named as additional insureds. Primary and Non Contributory wording included per attached farm 8800000406 The City of Santa Ana 20 Civic Center Plaza Santa Ann, CA 02702 ACORD 25 (2010105) 1 of 1 #52660394/M2166529 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTION WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS, AUTHORIZED REPRgaBNTATIVE © 1988.2010 ACORD CORPORATION. All rights reserved, The ACORD nnme and logo are roglalorod marks of ACORD MS43 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. POLICY CHANGE This endorsement changes the policy effective on the Inception Date of the policy unless another date is Indicated below; Policy Number; 72 SBA TU1039 SC Named Insured and Mailing Address; CCDR COMMUNICATIONS, INC DBA; CRYSTAL -CLEAR TV 130 E. DYER RD, STE A SANTA ANA CA 92707 Policy Change Effective Date: 01/03/24 Effective hour is the same as stated In the Declarations Page of the Policy, Policy Change Number: 001 Agent Name: HUH INTERNATIONAL INS SERVICES INC Cade: 254776 POLICY CHANGES: HARTFORD CASUALTY INSURANCE COMPANY ANY CHANGES IN YOUR PREMIUM WILL BE REFLECTED IN YOUR 112XT BILLING STATEMENT.IF YOU ARE ENROLLED IN REPETTTIVE EFT DRAWS FROM YOUR BANK ACCOUNT, CHANGES IN PREMIUM WILL CHANGE FUTURE DRAW AMOUNTS. THIS IS NOT A BILL. NO PREMIUM DUET AS OF POLICY CHANGE EFFECTIVE DATE FORM NUMBERS OF ENDQRSEMENTS REVISED AT ENDORSEMENT ISSUE": IN12001185 ADDITIONAL INSURED - PERSON- ORGANI2ATIQN PRO RATA FACTOR: 0.156 THIS ENDORSEMENT DOES NOT CHANCE THE POLICY EXCEPT AS SHOWN. Form SS 12 1104 05 T Page 001 Process Date: 01/03/14 Policy Effective Date: 03/01/13 Policy Expiration Date: 03/01/14 POLICY NUMBER: 72 SBA =1035 flel THI5 ENDOPSEMENT CHANGES THE POLICY. PLEASE REAb IT CAREFULLY. ADDITIONAL INSURED - PERSON - ORGANIZATION CITY OF SANTA ANNA 20 CIVIC CENTER PLAZA. CITY OF SANTA ANNA, CA 52702 Form IH 1200 11 86T SECT, NO, 002 Printed In U.S.A. Page 001 Process Data; 01 /03/19, ExplrationDate; 03/01/14 BUSINESS LIABILITY COVERAGE FORM 2. Applicable To Medical Expenses Coverage We will not pay expenses for "bodily Injury a, Any Insured To any Insured, except "volunteer workers ". b. Hired Person To a person hired to do work for or on behalf of any Insured or a tenant of any Insured, c. Injury On Normally Occupied Promises To a person Injured on that part of premises you own or rent that the person normally occupies, d. Workers' Compensation And Similar Laws To a person, whether or not an "employee" of any Insured, if benefits for the "bodily Injury" are payable or must be provided under a workers' compensation or dlsabllity benefits law or a similar law, e. Athletics Activities To a person Injured while practloing, Instructing or participating In any physical exercises or games, sports or athletic contests, f. Products•Comploted Operations Hazard Included with the "products- completed operations hazard ", g. Buslnass Liability Exclusions Excluded under Business Liability Coverage, C. WHO IS AN INSURED 1. If you are daslgnated In the Declarations as: a. An Individual, you and your spouse are Insureds, but only with respect to the conduct of a business of which you are the sole owner, b. A partnership or joint venture, you are an Insured, Your members, your partners, and their spouses are also Insureds, but only with respect to the conduct of your business. o. A limited Ilablllty company, you are an Insured. Your members are also Insureds, but only with respect to the conduct of your business, Your managers are Insureds, but only with respect to their duties as your managers, d. An organization other then a partnership, Joint venture or limited liability company, you are an insured, Your "executive officers" and directors are Insureds, but only with respect to thelr dudes as your officers or directors. Your stockholders are also Insureds, but only Win respect to their Ilablllty as stockholders. a. A trust, you are an Insured, Your trustees are also Insureds, but only with respect to their duties as trustees. 2. Each of the following Is also an Insured: a. Employees And Volunteer Workers Your "volunteer workers" only while performing duties related to the conduct of your business, or your "employees ", other than either your "executive officers" (If you are an organization other than a partnership, joint venture or limited Ilablllty company) or your managers (If you are a limited liability company), but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business, However, none of these "employees" or "volunteer workers" are insureds for: (1) "Bodily Injury" or "personal and advertising Injury" (a) To you, to your partners or members (If you are a partnership or joint venture), to your members (if you are a limited Ilabllity company), or to a co"employea" while In the course of his or her employment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that oo- "employee" or that "volunteer worker" as a consequence of Paragraph (1)(a) above; (c) For which there Is any obligation to share damages with or repay someone else who must pay damages because of the Injury described In Paragraphs (1)(a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. If you are not in the business of providing professional health care services, Paragraph (d) does not apply to any nurse, emergency medical technician or paramedic employed by you to provide such services, (2) "Property damage" to property, (a) Owned, ocoupled or used by, Page 10 of 24 Form $S 00 08 04 08 (8) When You Are Added As An Additional Insured To Other insurance That is other Insurance available to you covering liability for damages arising out of the premises or operations, or products and completed operations, for which you have been added as an additional insured by that Insurance; or (7) When You Add Others As An Additional Insured To This Insurance That is other Insurance available to an additional Insured. However, the following provisions apply to other Insurance available to any person or organization who Is an additional Insured under this Coverage Part; (a) Primary Insurance When Required an Contract This Insurance Is primary If you have agreed in a written contract, written agreement or permit that this insurance be primary, If other Insurance Is also primary, we will share with all that other Insurance by the method described in c. below. (b) Primary And Non - Contributory To Other Insurance When Required By Contract If you have agreed In a written contract, written agreement or permit that this Insurance Is primary and non - contributory with the additional Insured's own Insurance, this Insurance Is primary and we will not seek contribution from that other Insurance, Paragraphs (a) and (b) do not apply to other insurance to which the additional Insured has been added as an additional Insured. When this Insurance is excess, we will have no duty under this Coverage Part to defend the insured against any "suit" if any other Insurer has a duty to defend the Insured against that "suit ". If no other insurer defends, we will undertake to do so, but we will be entitled to the Insured's rights against all those other Insurers. Form SS 00 08 04 06 BUSINESS LIABILITY COVERAGE FORM When this Insurance Is excess over other Insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of; (9) The total amount that all such other insurance would pay for the loss In the absence of this Insurance; and (2) The total of all deductible and self - insured amounts under all that other Insurance, We will share the remaining loss, if any, with any other Insurance that Is not described in this Excess Insurance provision and was not bought specifically to apply In excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. Method Of Sharing If all the other insurance permits contribution by equal shares, we will follow this method also, Under this approach, each insurer contributes equal amounts until It has paid Its applicable limit of Insurance or none of the loss remains, whichever comes first. If any of the other Insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of Insurance to the total applicable limits of Insurance of all insurers. 8. Transfer Of Rights Of Recovery Against Others To Us a. Transfer Of Rights Of Recovery If the Insured has rights to recover all or part of any payment, Including Supplementary Payments, we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to Impair them. At our request, the Insured will bring "suit" or transfer those rights to us and help us enforce them, This condition does not apply to Medical Expenses Coverage. b. Waiver Of Rights Of Recovery (Waiver Of Subrogation) If the insured has waived any rights of recovery against any person or organization for all or part of any payment, Including Supplementary Payments, we have made under this Coverage Part, we also waive that right, provided the Insured waived their rights of recovery against such person or organization In a contract, agreement or permit that was executed prior to the Injury or damage, age of 24 Certification Regarding Drug -Free Workplace Requirements The certification set out below is a material representation upon which reliance is placed by the U.S. Department of Housing and Urban Development in awarding the grant. If it is later determined that the contractor knowingly rendered a false certification, or otherwise violates the requirements of the Drug -Free Workplace Act, the U.S. Department of Housing and Urban Development, in addition to any other remedies available to the Federal Government, may take action authorized under the Drug -Free Workplace Act. CERTIFICATION A. The contractor certifies that it will provide a drug -free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the contractor's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing a drug -free awareness program to inform employees about — (1) The dangers of drug abuse in the workplace; (2) The contractor's policy of maintaining a drug -free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance program; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (c) Making it a requirement that each employee who will be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph -(a) that, as a condition of employment under the contract, the employee will - (1) Abide by the terms of the statement; and (2) Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction. I */CI1:11111111�7 Pg. 2 (e) Notifying the U.S. Department of Housing and Urban Development within ten days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such conviction; (f) Taking one of the following actions, within 30 days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted - ( 1) Taking appropriate personnel action against such an employee, up to and including termination; or (2) Requiring such employee 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; (g) Making a good faith effort to continue to maintain a drug -free workplace through implementation of paragraphs (a), (b), (c), (d), (e) and M. B. The contractor shall insert in the space provided on the attached "Place of Performance" form the site(s) for the performance of work to be carried out with the grant funds (including street address, city, county, state, and zip code) the contractor further certifies that, if it is subsequently determined that additional sites will be used for the performance of work under the contract, it shall notify the U.S. Department of Housing and. Urban Development immediately upon the decision to use such additional sites by submitting a revised "Place of Performance" form. Dated: C Employer Signature PLACE OF PERFORMANCE FOR CERTIFICATION REGARDING DRUG -FREE WORKPLACE REQUIREMENTS Name: Name of Contractor: CCDR Communications Inc. DBA Crystal- Clear. TV Contractor Number: Date: The Contractor shall insert in the space provided below the site(s) expected to be used for the performance of work under the contract covered by the certification: Place of Performance (include street address, city, county, state, zip code for each site): 130 E. Dyer Road Ste. B Santa Ana, CA 92707 EXHIBIT D Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 29 CFR Part 98, Section 98.510, Participants' responsibilities. The regulations were published as Part VII of the May 26,1988 Federal Re ig ster (pages 19160 - 19211). (BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS FOR CERTIFICATION - Attached) (1) The prospective recipient of federal assistance fiords certifies, by submission of this proposal, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. (2) Where the prospective recipient of federal assistance funds is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Name and Title of Authorized Representative e�- Sign e Date EXIIIBIT E INSTRUCTIONS FOR CERTIFICATION 1. By signing and submitting this proposal, the prospective recipient of federal assistance funds is providing the certification as set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later detennined that the prospective recipient of federal assistance funds knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the Department of Labor (DOL) may pursue available remedies, including suspension and/or debarment. 3. The prospective recipient of federal assistance funds shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective recipient of federal assistance funds learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. 5. The prospective recipient of federal assistance funds agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the DOL. 6. The prospective recipient of federal assistance funds further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and voluntary exclusion - Lower Tier Covered Transactions," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to check the List of Parties Excluded from Procurement or Non - Procurement Programs. 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the DOL may pursue available remedies, including suspension and /or debarment. EXHIBIT E