Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
AMERICA ON TRACK (CDBG 2016)
INSURANCE ON FILE WORK MAY PROCEED A-2016-059-02 UNTIL INSURANCE EXPIRE --.'S � CO GI.EIiKOFGOUNCIL, DATE: ,��2 J AGREEMENT BETWEEN THE CITY OF SANTA ANA AND AMERICA ON TRACK FOR USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS This Agreement is hereby made and entered into this I st day of July, 2016, by and between the City �1 of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("CITY"), and America on TracIc, a California nonprofit corporation ("SUBRECIPIENT"). RECITALS: A The CITY, as an entitlement recipient and grantee of the United States Department of Housing and Urban Development ("HUD") Community Development Block Grant ("CDBG") Entitlement Program, V Catalog of Federal Domestic Assistance (CFDA) Number 14.218, and Federal Award Identification Nu rnber (FAIN) B -16 -MC -06-0508, 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"). B. CITY has applied for and received CDBG funds from HUD pursuant to Title I of the Ilousing and Conununity Development Act of 1974, Public Law 93-383, as amended ("ACT"), C. The SUBRECIPIENT is a private nonprofit corporation that has been selected by the CITY to receive CDBG fiords 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 fluids 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 (Schedule of Performance). 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. Wl IEREFORE, 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. SITBRECIPIENT'S OBLIGATIONS A. twlonprofit Status -,Representations and Warranties. (a) Authority. SUBRECIPIENT is a duly organized and existing nonprofit 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 fimding 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 filly understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. (d) No Conflict. To the best of SUBRECIPIENT'S knowledge, SUBRECIPIENT'S execution, delivery and performance of its obligations under this Agreement will not constitute a default or a breach under any contract, agreement or order to which SUBRECIPIENT is a party or by which it is bound. (e) No Bankruptcy. SUBRECIPIENT is not the subject of any current or threatened bankruptcy proceeding. (f) No Pending Legal Proceedings. SUBRECIPIENT is not the subject of a current or threatened litigation that would or may materially affect SUBRECTPIENT'S performance under this Agreement. (g) Application Veracity. All provisions of and information provided in SUBRECIPIENT'S application for funding submitted to CITY including any exhibits are true and correct in all material respects. (h) No Pending Investigation. SUBRECIPIENT is not aware that it is the subject of any current or threatened criminal or civil action investigation by any public agency, including without limitation a police agency or prosecuting authority, that would relate to affect performance of the Agreement or provision of services hereunder. B. Amount of Graut/Term and Ouartcrlv Disbursement. The amount granted to SUBRECIPIENT is $29,182 ("CDBG FUNDS"), for the term of July I, 2016 through June 30, 2017. Such funds shall be expended by S'UBRECTPTENT on or before June 30, 2017. The Term of this Agreement may be extended by a writing executed by the City Manager, or his or her designee, and the City Attorney. The CDBG FUNDS shall be disbursed by CITY to SUBRECIPIENT on a quarterly basis subject to and upon receipt and approval of a complete quarterly activity report from SUBRECIPIENT, with the final payment subject to the satisfaction of the condition precedent of submittal of complete reporting information due on or before July 15 of the applicable funding year, as hereinafter more filly 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. The CITY reserves the right to reduce the grant application if the CITY's fiscal monitoring indicates that SUBRECIPIENT's rate of expenditure will result in unspent funds at the end of the program year. Amendments in the grant allocation will be made after consultation with SUBRECIPIENT. C. Use of Funds. SUBRECIPIENT agrees to use all federal funds provided by CITY to SUBRECIPIENT pursuant to this Agreement to operate said program, as set forth in "Exhibit A," attached hereto and by this reference incorporated herein. SUBRECIPIENT'S failure to perforin as required may, in addition to other remedies set forth in this Agreement, result in readjustment of the amount of funds CITY is otherwise obligated to pay to SUBRECIPIENT hereunder. 2 D. Allowable Costs. SUBRECIPIENT agrees to complete said program on or before June 30, 2017, and to use said fiords 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, and indirect costs. Other allowable program costs are detailed in the budget, as set forth in "Exhibit B," attached hereto and by this reference incorporated herein. SIJBRECIPIENT shall use all income received from said funds only for the same purposes for which said funds may be expended pursuant to the terms and conditions of this Agreement. SUBRECIPIENT has the ability to adjust line item amounts in the budget with the written approval of the CITY's Executive Director of the Community Development Agency, or designee, so long as die total budget amount does not increase. Pursuant to 2 CFR §200.331(a)(4), the Indirect Cost Rate for the SUBRECTMENT's award shall be an approved federally recognized indirect cost rate negotiated between the SUBRECIPIENT and the Federal government, or, if no such rate exists, the de minimis indirect cost rate as defined in 2 CFR §200.414(b) Indirect (F&A) costs. For this agreement, the de minimis indirect cost rate of 10% will apply. E. Licensing. SUBRECIPIENT agrees to obtain and maintain all required licenses, registrations, accreditation and inspections from all agencies governing its operations. SUBRECIPIENT shall ensure that its staff shall also obtain and maintain all required licenses, registrations, accreditation and inspections from all agencies governing SUBRECIPIENT's operations hereunder. Stich licensing requirements include obtaining a City business license, as applicable. F. Zoning. SUBRECIPIENT agrees that any facility/property used in furtherartcc of said program shall be specifically zoned and permitted for such use(s) and activity(ics). Should SUBRECIPIENT fail to have the required land entitlement and/or permits, thus violating any local, state or federal rules and regulations relating thereto, SUBRECIPIENT shall immediately make good -faith efforts to gain compliance with local, state or federal rules and regulations following written notification of said violation(s) from the CITY or other authorized citing agency. SUBRECIPIENT shall notify CITY immediately of any pending violations. Failure to notify CITY of pending violations, or to remedy such known violation(s) shall result in termination of grant funding hereunder. SUBRECiPIENT must make all corrections required to bring the facility/property into compliance with the law within sixty (60) days of notification of the violation(s); failure to gain compliance within such time shall result in termination of grant finding hereunder. G. Separation of Accotunts. 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 2 CFR 200.302 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 2 CFR 200.302 requirements. H. Audit Report Requirements. SUBRECIPIENT agrees that if SUBRECIPIENT expends Seven Hundred Fifty Thousand Dollars ($750,000) or more in federal funds, SUBRECIPIENT shall have an annual audit conducted by a certified public accountant in accordance with the standards as set forth and published by the United States Office of Management and Budget. SUBRECIPIENT shall provide CITY with a copy of said audit by April 1 of the year following the program year in which this Agreement is executed. 3 I. Record Kecping/Reporting. SUBRECIPIENT shall keep and maintain complete and adequate records and reports on program participants to determine their initial and continuing eligibility for the program services being provided to assist CITY in meeting and maintaining its record keeping responsibilities under the CDBG REGS, including the following: (1) Records a. Documentation evidencing program income requirements in conformity with 24 CFR 570,504(b((2)(i), (ii) and 24 CFR 570.503(b)(3) and 24 CFR 570.208(a)(2)(B) of the income level of persons and/or families participating in or benefiting by the SUBRECIPIENT program. b. Documentation of the number of persons and/or families participating in or benefiting by the SUBRECIPIENT program. c. Household information shall include number of persons, identification of head of household, race/ethnicity, and income verification of all household members ages 18 and over. d. Documentation of all CDBG FUNDS received from CITY. c. 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 and proof of payment for which CDBG FUNDS were expended, and any payments therefor. f. Any such other related records as CITY shall reasonably require or as required to be maintained pursuant to the CDBG REGS. (2) Retorts a. 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/request for reimbursement and true copies of invoices, receipts, canceled checks, bank statements, credit card statements, procurement documentation for goods or services, timesheets, payroll records, benefit statements, agreements, contracts or documentation pertaining to costs for subcontractors, and/or other documentation supporting and evidencing how the CDBG FUNDS have been expended during the applicable quarter. b. Quarterly Progress Report. SUBRECIPIENT agrees to keep records of all ethnic and racial statistics of persons and families benefited by SUBRECIPIENT in the performance of its obligations under this Agreement, including, but not limited to, the number of low and moderate income persons and households assisted in accordance with federal income limits, the number of female heads of households assisted, new program information and year-to-date program statistics on expenditures, caseload and activities. 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. J. Access to Records. CITY and the United States Government and their representatives or auditors shall have access for purposes of monitoring, auditing, and examining SUBRECIPIENT's activities and performance, to books, documents and papers, and the right to examine records of SUBRECIPIENT's subcontractors, bookkeepers and accountants, employees and participants in regard to said program. CITY and the United States Government and their representatives or auditors shall also schedule on-site monitoring at their discretion. Monitoring activities may also include, but are not limited to, questioning employees and participants in said program and entering any premises or any site in which any of the services or activities funded hereunder is conducted or in which any of the records of SUBRECIPTENT 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 Recorcls/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 SUBRECTPIENT'S office or place of business for the duration of the Agreement and thereafter for five (5) years from the date of final payment under this Agreement. 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) yeas Lentil complete resolution or disposition of such appeals, litigation claims, or exceptions. In the event SUBRECIPIENT does not make Che 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 fiords shall be in accordance with the ACT and all pertinent reg-ulations issued by agencies of the federal govenmient, including, but not linuted to, all regulations found at Title 24 of the Code of Federal Regulations. Program income received by SUBRECIPTENT shall be returned to CITY unless otherwise provided for in this Agreement. SUBRECIPIENT agrees to comply fully with all federal, state and local laws and court orders applicable to its operation whether or not referred to in this Agreement. M. 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 24 CFR 570.609. SUBRECIPIENT must review and sign Exhibit C "Debarment", which is attached hereto and incorporated herein by this reference. 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 SUBRECIPTENT 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 is rendered in its capacity as an independent contractor and that it is in no way an agency of CITY. P. Violation of Terms and Conditions. SUBRECIPIENT agrees that if SUBRECIPIENT violates any of the terns and conditions of this Agreement or any prior Agreement whereby CDBG fluids were received by SUBRECiPtENT, or if SUBRECIPIENT reports inaccurately, or if on audit there is a 5 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 fiords granted hereunder, SUBRECIPIENT shall be required to reimburse the CITY of all such funds that were obtained and/or spent under fraudulent circumstances. Q. Equi npment. SUBRECIPIENT agrees to maintain a record for each item of non -expendable personal property acquired wider the terms of this Agreement. Said record shall be nude 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, or other prohibited uses. S. Lobbvin . SUBRECIPIENT certifies that it will comply with federal law (31 U.S.C. 1352) and regulations found at 24 CFR Part 87, which provide that no appropriated ftmds 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 low, entering into any cooperative agreement and the extension, renewal, amondment or modification of any federal contract, grant, loan or cooperative agreement. SUBRECIPIENT shall sign a certification to that effect in a form as set forth in "Exhibit D," 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 fluids 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 (Exhibit D). SUBRECIPIENT shall require that Che language of this certification be included in the award documents for all sub -awards at all tiers (including subcontractors, sub -grants, and contracts under grants, loans, and cooperative agreements), and agrees to take all actions necessary to ensure that all subrecipients shall similarly certify and disclose accordingly. 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 tinder the terms of this Agreement, or who are in a position to participate in a decision-making process or gain inside information with regard to such activities, may obtain a financial interest or benefit from a CDBG-assisted activity of SUBRECIPIENT, either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter. This prohibition applies to any person who is an employee, agent, consultant, officer, or elected or appointed official of CITY, or of any designated public agency, or the SUBRECIPIENT. U. Labor Standards. The SUBRECIPIENT agrees to comply with the requirements of the Secretary of Labor in accordance with the Davis -Bacon Act as amended, the provisions of Contract Work Hours and Safety Standards Act (40 U.S.C. 327 et seq.) and all other applicable Federal, state and local laws and regulations pertaining to labor standards insofar as those acts apply to the performance of this Agreement. The SUBRECIPIENT agrees to comply with the Copeland Anti -Kick Back Act (18 U.S.C. 874 et seq.) and its implementing regulations of the U.S. Department of Labor at 29 CFR Part 5. The 6 SUBRECTPIENT shall maintain documcutation that demonstrates compliance with hour and wage requirements of this part. Such documentation shall be made available to the CITY for review upon request, SUBRECTPIENT agrees that, except with respect to the rehabilitation or construction of residential property containing less than eight (8) units, all contractors engaged under contracts in excess of $2,000.00 for construction, renovation or repair work financed in whole or in part with assistance provided under this contract, shall comply with Federal requirements adopted by the CITY pertaining to such contracts and with the applicable requirements of the regulations of the Department of Labor, under 29 CFR Parts 1, 3, 5 and 7 governing the payment of wages and ratio of apprentices and trainees to journey workers; provided that, if wage rates higher than those required under the regulations are imposed by state or local law, nothing hereunder is intended to relieve the SUBRECIPTENT of its obligation, if any, to require payment of the higher wage. The SUBRECTPTENT shall cause or require to be inserted in full, in all such contracts subject to such regulations, provisions meeting the requircmcuts of this paragraph. V. Section 3 of the Housing and Urban Development Act of 1968. SUBRECTPIENT will make every effort to provide training opportunities for low -and moderate -income persons residing within the connmurity where the construction project is located and contracts awarded to local businesses therein to the greatest extent feasible as required under the provisions of Section 3 of the Housing and Urban Development Act of 1968, the regulations set forth in 24 CFR 135, and all applicable rules and orders issued hereunder prior to the execution of this Agreement. Compliance with the foregoing requirements shall be a condition of the federal financial assistance provided minder this Agreement and binding on the SUBRECTPIENT. Failure to fulfill these requirements shall subject the SUBRECTPIENT, its successors and designees, to those sanctions specified by the Agreement through which federal assistance is provided. The SUBRECTPIENT certifies and agrees that no contractual or other disability exists which would prevent compliance with these requirements. SUBRECTPIENT shall make every effort to ensure that all projects funded wholly or in part by CDBG funds shall provide equal employment opportunities for minorities and women. W. Drug Free Workplace. SUBRECTPIENT agrees to provide a drug-free work place and to execute a certification as set forth in "Exhibit E" attached hereto and incorporated herein by this reference. X. Uniform Administrative Requirements Cost Principles and Audit Requirements for Federal Awards. The following requirements and standards must be complied with: 2 CFR Part 200 et al. SUBRECTPIENT shall procure all materials, property, or services in accordance with tine requirements of 2 CFR 200.318-326. Y. Subpart K of 24 CFR 570. SUBRECTPIENT will carry out its activities in compliance with the requirements of Subpart K of 24 CFR 570, however SUBRECTPIENT does not assume the CITY's cuviromnental responsibilities or the responsibility for initiating the environmental review process ander 24 CFR Part 52. Z. Women- and Minority -Owned Businesses (W/MBE) SUBRECIPIENT will use its best efforts to afford small businesses, minority business enterprises, and women's business enterprises the maximum practicable opportunity to participate in the performance of this Agreement in accordance with the requirements of 2 CFR 200.321 "Contracting with small and minority businesses, women's business enterprises, and labor surplus area firms". As used in this Agreement, the term "small business" means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and "minority and women's business enterprise" means a business at least fifty-one percent (51 %) owned and controlled by minority group members or women. For the purpose of this definition, "minority group members" arc African-Americans, Spanish-speaking, Spanish surnamed or Spanish- heritage Americans, Asian -Americans, and American Indians. SUBRECIPIENT may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation. H. CITY'S OBLIGATIONS A. Payment of Funds. On July 1, 2016, the CITY was allocated $5,286,263 for fiscal year 2016- 2017 from the United States Department of Housing and Urban Development ("HUD") Community Development Block Grant ("CDBG") Entitlement Program. CITY agrees to pay to SUBRECiPLENT when, if and to the extent federal funds are received a sum not to exceed TWENTY NINE THOUSAND ONE HUNDRED EIGHTY TWO Dollars ($29,182) for SUBRECIPIENT'S performance in accordance with the Budget attached hereto as "Exhibit B" during the period of this Agreement. Payments shall be made to SUBRECIPIENT through the submission of invoices/reimbursement requests. CITY shall pay such invoices/reimbursement requests within thirty (30) days after receipt thereof provided CITY is satisfied that such expenses have been incurred and documented within the scope and provisions of this Agreement and that SUBRECIPIENT is in compliance with the terms and conditions of this Agreement. 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. Documentation may include, but is not limited to true copies of invoices, receipts, canceled checks, bank statements, credit card statements, procurement documentation for goods or services, timesheets, payroll records, benefit statements, agreements, contracts or documentation pertaining to costs for subcontractors, and/or other documentation supporting and evidencing how the CDBG FUNDS have been expended during the applicable quarter. 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 2 CFR 200.328(a), the CITY manages the day-to-day operations of each grant and subgrant supported activities. CITY staff has detailed knowledge of the grant prograrn requirements and monitors grant and subgrant supported activities to assure compliance with Federal requirements. Such monitoring covers each program, function and activity and performance goals are reviewed periodically. D. Environmental Review: In accordance with 24 CFR 58, the CITY is responsible for undertaking environmental review and maintaining environmental review records for each applicable project. E. Performance Monitoring: CITY shall monitor the performance of SUBRECIPIENT against goals and performance standards required herein. The SUBRECIPIENT shall be responsible to accomplish the levels of performance as set forth in Exhibit A and report such measures quarterly to the CITY. If the SUBRECIPIENT estimates such goals will not be met, the SUBRECIPIENT is to contact the CITY, at which time the CITY will determine if any adjustments to the grant award is appropriate. Substandard performance as determined by the CITY will constitute non-compliance with this Agreement. Should the CITY determine that the SUBRECIPIENT has not performed its obligations as stated in this contract in a satisfactory rnarmcr, or if the CITY determines that insufficient supporting information has been submitted, the CITY shall notify the SUBRECIPIENT in writing of its determination specifying in full detail the objections which it has to the SUBRECIPIENT's performance. If action to correct such substandard performance is not taken by the SUBRECIPIENT after being 8 notified by the CITY, within a reasonable period of time as stipulated in the written notification, contract suspension or termination procedures will be initiated. A. SUBRECIPTENT agrees to comply with Executive Ogler 11246 which requires that during the performance of this Agreement, SUBRECIPIENT agrees not to discriminate against any employee or applicant for employment because of race, religion, sex, color or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer, rates of pay or other forms of compensation, and selection for training, including apprenticeship. SUBRECTPIENT agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the SUBRECIPIENT setting forth the provisions of this nondiscrinination clause. B. SUBRECTPIENT agrees to comply with Title Vi of the Civil Rights Act of 1964 which indicates that no person shall, on the ground of race, color or national origin, be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program of activity receiving federal financial assistance. C. No person shall, on the grounds of race, sex, creed, color, religion, marital status, national origin, age, sexual orientation, or physical or mental handicap be excluded from participation in, be refused the benefits of, or otherwise be subject to discrimination in any activities, programs or employment supported by this Agreement. SUBRECIPTENT is prohibited from discrimination on the basis of age or with respect to an otherwise qualified handicapped person as provided for under Section 109 of the Housing and Community Development Act of 1974, as amended. D. SUBRECTPTENT agrees to comply with the Age Discrimination Act of 1975 which requires that during the performance of this Agreement, SUBRECIPIENT agrees not to discriminate against any employee or applicant for employment because of age. Such action shall include, but not be limited to the following: employment upgrading, demotion, or transfer, rates of pay or other forms of compensation, and selection for training, including apprenticeship. SUBRECTPIENT agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the SUBRECIPIENT setting forth the provisions of this age discrimination clause. E. SUBRECIPTENT agrees to comply with Section 504 of the Rehabilitation Act of 1973 which requires that no otherwise qualified individual with a disability in the United States, shall, solely by reason of his or her disability, be excluded from the participation in, be denied the benefits of, or be subjected to diseninination under any program or activity receiving federal financial assistance or under any program or activity conducted by any executive agency or by the United States Postal Service. IV. CONFLICT OF INTEREST Pursuant to the conflict of interest requirements set forth in 24 CFR 570.611 and 2 CFR 200.112, SUBRECIPIENT certifies that no member, 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 SUBRECTPIENT. 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 deerned fully incorporated as a part hereof Notice shall be sent by SUBRECIPIENT to CITY regarding any changes or modifications to its board of directors and list of officers. V. SPECIAL CERTIFICATION FOR RELIGIOUS ENTITIES If SUBRECIPIENT is a religious entity, SUBRECIPIENT hereby agrees that in connection with the provision of the services SUBRECIPIENT shall provide with CDBG funds, in accordance with 24 CFR 570.2000): A. SUBRECIPIENT shall not discriminate against any employee or applicant for employment on the basis of religion and shall not limit employment or give preference in employment to persons on the basis of religion. B. SUBRECIPIENT shall not discriminate against any person applying for the services SUBRECIPIENT agrees to provide under the terms of this Agreement on the basis of religion and shall not limit such services or give preference to applicants for such set -vices on the basis of religion. C. SUBRECIPIENT shall NOT provide religious instruction or counseling, conduct any religious worship or services, or engage in any religious proselytizing, or exert any religious influence in the provision of the services in said program. The parties agree that this covenant is intended to and shall be construed for the limited purpose of assuring compliance with respect to the use of CITY funds by SUBRECIPIENT with applicable constitutional limitations respecting the establishment of religion as set forth in the establishment clause under the First Amendment of the United States Constitution and Article 1, Section 4 of the California Constitution, and is not in any manner intended to restrict other activities of SUBRECIPIENT. D. The portion of a facility used to provide public services assisted in whole or in part under this Agreement shall contain no sectarian or religious symbols. E. Where the services to be provided under said program are rendered on property owned by the primarily religious entity SUBRECIPIENT, CDBG fiords may also be used for minor repairs to such property which are directly related to the cost of rendering the set -vices Linder 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 funded through this Agreement if a member of that person's immediate family is employed in an adininistradve capacity by SUBRECIPIENT. For the purposes of this section, the term "immediate family" means spouse, child, mother, father, brother, sister, brother-in-law, sister-in-law, father-in-law, mother-in-law, son-in-law, daughter-in-law, aunt, uncle, niece, nephew, stepparent and stepchild. The tern "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 Connmurity Development Agency (M-25) 20 Civic Center Plaza P.O. Box 1988 Santa Ana, California 92702-1988 10 TO SUBRECIPIENT: Claire Brachurn America On Track 600 W. Santa Ana Blvd., Suite 710 Santa Ana, CA 92701 VUL ASSIGNABILITY None of the duties of, or work to be performed by, SUBRECIPIENT tinder this Agreement shall be subcontracted or assigned to any agency, consultant, or person without the prior written consent of CITY. SUBRECIPIENT must submit all subcontracts and other agreements that relate to this Agreement to CITY. No subcontract or assignment shall terminate or alter the legal obligations of SUBRECIPIENT pursuant to this Agreement. IX. HOLD HARMLESS SUBRECIPIENT shall indemnify, defend and save harmless CITY, its officers, employees, agents, representatives and volunteers from and against any and all damages to or for loss of use of property and for injuries to or death of any person or persons, including property and employees or agents of CITY, and shall defend, indernaify 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, cnors or omissions of SUBRECIPIENT, its officers, directors, employees, agents, subcontractors and suppliers arising out of SUBRECTPTENT's performance of this Agreement. X. INSURANCE 1. Commercial General Liability. SUBRECIPIENT agrees to obtain and keep in force during the term of this Agreement a policy of comprehensive commercial public liability insurance insuring the CITY, and SUBRECIPIENT against any liability for accident, injury or death arising out of or in consequence of this Agreement. Such insurance shall be in an amount not less than One Million Dollars ($1,000,000.00) for any injury to or death of any person or persons in any single accident or occurrence. Said policy of comprehensive liability insurance shall be endorsed to provide to CITY at least thirty (30) days written notice prior to cancellation; name CITY, its officers, agents, employees, and volunteers, additional insured; and state that such coverage is primary to any other coverage or self- insurance and CITY. Govermnental entities may provide proof of self-insurance. (a) Such insurance shall: (1) name the City of Santa Ana, its officers, agents, representatives, employees and volunteers as additional insured's; (2) be primary with respect to insurance or self-insurance programs maintained by the CITY; (3) contain standard separation of insured's provisions; and (4) give to CITY prompt and timely notice of claim made or suit instituted arising out of SUBRECIPIENT's operations hereunder. (b) SUBRECIPIENT shall: (1) 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; (2) provide that such insurance shall not be materially changed or terminated except on 30 days prior written notice to the CITY; (3) maintain such insurance for the period covered by this Agreement; and (4) replace such certificates for policies expiring prior to the expiration of this Agreement 2. Automobile Liability Coverage. SUBRECIPIENT shall also obtain and maintain, during the effective period of this Agreement, broad form automobile liability coverage with a $1,000,000 limit unless reduced by CITY, which applies to both owned/leased and non -owned automobiles used by SUBRECIPIENT employees or participants in performance of this Agreement, or, in the event that SUBRECIPIENT will not utilize such owned/leased automobiles but intends to require employees, participants or other agents to utilize their own automobiles in the performance of this Agreement, SUBRECIPIENT shall secure and maintain on file from all such employees, participants, or agents as self -certification of automobile insurance coverage. Governmental entities may provide proof of self- insurance. 3. Workers' Compensation. If SUBRECIPIENT is an "employer", as set forth in California Labor Code Section 3300 et seq., or utilizes participants as "employees," as set forth in California Labor Code Section 3350 et seq., SUBRECIPIENT shall obtain and keep in force during the term of this Agreement full Workers' Compensation insurance coverage for injuries suffered by participants. Said insurance policy shall guarantee CITY at least thirty (30) clays written notice of cancellation or modification. 4. Equipment Coverage. SUBRECIPIENT shall purchase a policy or policies of insurance covering loss or damage to any and all Equipment provided to or purchased by SUBRECIPIENT in accordance with this Agreement. Said insurance shall be in the amount of the full replacement value thereof, providing protection against the classification of fire, extended coverage, vandalism, malicious mischief, theft, and special extended perils. Governmental entities may substitute a certificate of self- insurance. 5. Proof of Insurance. Certificates and endorsements must be submitted and approved by CITY prior to any work under this Agreement. SUBRECIPIENT understands that CITY will make no payments under this Agreement until the required certificates and endorsements have been approved by CITY. XI. REVERSION OF ASSETS A. Upon the expiration of this Agreement, SUBRECIPIENT shall transfer to CITY any CDBG fiords on hand at the time of the expiration of this Agreement as well as any accounts receivable attributable to the use of CDBG funds. [24 CFR 570.503(b)(7)] B. Any real property under SUBRECIPIENT's control that was acquired or improved in whole or in part with CDBG funds in excess of $25,000.00 must either be: I. Used, where CITY has given written approval, to meet one of the national objectives stated in 24 CFR 570.208 until five (5) years after expiration of this Agreement, or for such longer period of time as determined to be appropriate by CITY or 2. If not used in accordance with subparagraph I above, SUBRECIPIENT shall pay to CITY an amount equal to the current fair maiket 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 properly. 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: 12 I . Items of equipment with a current per unit fair market value of less than $5,000.00 may be retained, sold or otherwise disposed of with no further obligation to CITY. 2. Items of equipment with a current fair market per unit value of $5,000.00 or more may be retained or sold and CITY shall have the right to an amount calculated by multiplying the current market value or proceeds from the sale by CITY's share of federal fluids used to acquire the equipment, in accordance with 2 CFR 200.313(e)(2). D. SUBRECIPTENT hereby agrees, upon the demand of CITY, to execute, acknowledge and deliver, or cause any person or entity who may have any claim to rights hereunder or under any document, instrument or agreement executed in furtherance of the services and activities to be performed hereunder, to execute, acknowledge and deliver, to CITY assignment(s), quit claim deed(s) or such other and further instruments, documents and agreements as may be necessary, in the sole and absolute discretion of CITY, to vest in CITY all of SUBRECfPIENT'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 finds or allocation of funds to which CITY is or may be entitled, either for its own account or as fiduciary or trustee for others, which were obtained for the purpose of the performance of this Agreement or any previous agreements relating to the same subject matter or activities as this Agreement, together with any instruments, loans, grants or advances by SUBRECIPIENT on behalf of CITY, in furtherance of the activities hereunder or thereof. SUBRECIPIENT's obligations and responsibilities set forth in this paragraph "XI. REVERSION OF ASSETS," and in paragraph "XII. TERMINATION" and other requirements pertaining to program income shall not be affected by the temmhutiou of this Agreement and shall survive the date of termination of this Agreement for such period of time as CITY and/or HUD deems necessary for the responsibilities, duties and obligations to be performed and completed to the satisfaction of CITY and HUD. XII. TERMINATION A. This Agreement may be terminated on thirty (30) days' written notice by either party. In the event of such termination, SUBRECIPTENT shall only be entitled to reimbursement for approved expenses inured to the effective date of termination. B. This Agreement may be suspended or terminated by CITY upon five (5) days' written notice for violation by SUBRECIPIENT of Federal Laws governing the use of Community Development Block Grant Funds. In the event of such suspension or termination, SUBRECIPIENT shall only be entitled to reimbursement for approved expenses incurred up to the effective date of suspension or tcrrnination. C. Pursuant to 2 CFR 200.340, in the event SUBRECIPIENT defaults by failing to fulfill all or any of its obligations hereunder, CITY may declare a default and termination of this Agreement by written notice to SUBRECIPIENT, which default and tennination shall be effective on a date stated in the notice which is to be not less than ten (10) days after certified wailing or personal service of such notice, unless such default is cured before the effective date of tennination 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 maturer, and (2) costs incurred by CITY in obtaining substitute performance. D. The grant of funds under this Agreement may be terminated for convenience by either the CITY or SUBRECTPTENT, in whole or in part, by setting forth the reasons for such termination, the effective date, and, in the case of portion termination, their portion to b terminated, however, if in the case of a partial 13 termination, the CITY determines that the remaining portion of the award will not accomplish the purpose for with the award was made, the CITY may terminate the award in its entirety. E. The grant of funds under this Agreement may be terminated due to the non-performance of SUBRECIPIENT and/or failure of SUBRECIPENT to perform the work described in Exhibits A and B or failure to meet the performance standards and program goals set forth therein. F. In the event this Agreement is terminated as set forth in subparagraphs XII.A. through XII.E., inclusive, SUBRECTPIENT agrees to immediately return to CITY upon CITY's demand and prior to any adjudication of SUBRECIPIENT's rights, any and all funds not used, and to comply with paragraph "XI. REVERSION OF ASSETS" of this Agreement. X111, LIMITATION OF FUNDS The United States of America, through HUD, may in the future place programmatic or fiscal limitations on the use of CDBG fiords 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 finding. In the event of finding reduction, CITY may, in its sole and absolute discretion, reduce the budget of this Agreement as a whole or as to costs category, may limit die rate of SUBRECIPIENT's authority to corm -nit and spend funds, or may restrict SUBRECTPIENT's use of both its uneommnitted and its unspent fiords. Where HUD has directed or requested CITY to implement a reduction in funding, in whole or as to a cost category, with respect to finding for this Agreement, CITY's City Manager or delegate is authorized to act for CITY in implementing and effecting such a reduction and in revising, modifying, or amending the Agreement for such purposes. If such a reduction in funding occurs, SUBRECIPIENT shall be permitted to de -scope accordingly. Where CITY has reasonable grounds to question SUBRECTPTENT's fiscal accountability, financial soundness, or compliance with this Agreement, CITY may suspend the operation of this Agreement for up to sixty (60) days upon five (5) days written notice to SUBRECIPIENT of its intention to so act, pending an audit or other resolution of such questions. In no event, however, shall any revisions made by CITY affect expenditures and legally binding commitments made by SUBRECTPTENT before it received notice of such revision, provided that such amounts have been committed in good faith and are otherwise allowable and that such commitments are consistent with HUD cash withdrawal guidelines. XIV. EXCLUSIVITY AND AMENDMENT OF AGREEMENT This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the use of CITY's CDBG funds by SUBRECIPIENT and contains all tie covenants and agreements between the parties with respect to such employment in any manner whatsoever. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement or amendment hereto shall be effective unless executed in writing and signed by both CITY and SUBRECIPIENT. XV. LAWS GOVERNING THIS AGREEMENT This Agreement shall be governed by and construed in accordance with the laws of the State of California, and all applicable federal laws and regulations. XVI. CLOSE-OUT The SUBRECTPTENT agrees to comply with the closeout procedures detailed in 2 CER §200.343, including the following: 14 1. SUBRECIPIENT must submit, no later than ninety (90) calendar days after the end date of the period of performance, all financial, performance, and other reports as required by the terms and conditions of the Federal award; 2. Unless the CITY authorizes an extension, SUBRECIPIENT must liquidate all obligations incurred under the Federal award not later than ninety (90) calendar days after the end date of the period of performance as specified in the terms and conditions of the Federal award; 3. SUBRECIPIENT must promptly refund any balances of unobligated cash that the CITY paid in advance or paid and that is not authorized to be retained by SUBRECIPIENT for use in other projects (See OMB Circular A-129 and 2 CFR §200.345); 4. SUBRECIPIENT must account for any real and personal property acquired with Federal Rinds or received from the Federal govermnent in accordance with 2 CFR §§200.310- 200.316 and 200.329; and, 5. The CITY should complete all closeout actions for the Federal award no later than one year after receipt and acceptance of all required final reports. XVII. VALIDITY AND SEVERABILITY 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. Whenever possible, each provision of this AGREEMENT shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this AGREEMENT is held to be prohibited by or invalid under applicable law, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of such provisions of this AGREEMENT. XVIII. WAIVER 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 terns 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. XIX. 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 and Attachments referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. Signalur" on following page} 15 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the last date and year written below. ATTEST: ep, MARTA D. HUTZAR Clerk of the Council APPROVED AS TO FORM: SOMA R. CARVALHO RECOMMENDED FOR APPROVAL: R BERT C. CORTEZ� - Special Assistant to the City Manager City Manager's Office 16 CITY OF SANTA ANA _J --- DAVZOAVOS City Manager SUBRECIPIENT: r Executive Director Tax ID: 33-0724044 DUNS 4:125118484 City of Santa Ana CDBG Scope of Work Program Year 2016-17 (July 1, 2016 -June 30, 2017) Name of Organization America On Track Name of Funded Prograr Brighter Futures for Children of Prisoners Annual Accomplishment Goal Unduplicated Partici ants anticipated to be served during the 12 -month contract period. 120 TOTAL 120 Santa Ana Participants 1 1007% 120 Low Income Participants 100% Program and Funding Description Children of prisoners are often the "forgotten" children of our society, and they deserve the chance to discover a brighter future, which is why America On Track (AOT) implements a highly individualized program for them: Brighter Futures for Children of Prisoners. Launched in 2004 it is designed to empower the most vulnerable high-risk youth who tend to live in the most impoverished neighborhoods and are living below the Federal poverty level. The program provides them with opportunities for life-long success. Since 2004, our highly customized Brighter Futures for Children of Prisoners program has had a positive impact. Our goals are achieved by interweaving 3 complimentary components: 1) a one-on-one mentoring program with trained, screened and carefully selected adults who are required to meet with their mentees every week for 2 hours per week for a minimum of one year; 2) STEM (Science, Technology, Engineering, and Math) workshops on a quarterly basis to promote a useful and fun approach to science and; 3) a "College Is For Me Too" summer educational/inspirational camp at a college campus to demonstrate that college is attainable and enjoyable. Additionally, AOT provides free age-appropriate books, special outings throughout the year, nutrition seminars and wraparound services to the guardians and children. The mentoring component of our program promotes the importance of role models, and AOT carefully selects, screens, trains and matches qualified adults with children of prisoners. Their mentor is usually one of the only positive adult role models in their life and represents an anchor in a turbulent sea. Mentors are required to see their mentees 4x per month and provide 8 hours of mentoring per month for a minimum of one year, and also turn in monthly activity notes. The outings take place at a selected site such as a museum, park or library, and vary each week. The other components of our Brighter Futures for Children of Prisoners program compliment the mentoring aspect by adding year-round creative activities as well as wrap-around services/resources for their families. AOT provides STEM quarterly workshops, a "College is For Me Too" over -night summer camp experience, a Holiday Party & gifts, Honda Center outings and age-appropriate books. "College Is For Me Too!" is a unique and proven 3 -day yearly overnight structured summer education camp held at CSUF for our mentees (ages 10+). It is designed so they can experience a college setting and the joy of learning with inspiring college students who are participating as assistants and presenters of the STEM workshops. AOT's project design for the Brighter Futures for Children of Prisoners program carries out multiple strategies to alleviate the negative effects of incarceration. This comprehensive approach addresses multiple domains: individual, peer, family, school, community, and societal/ environmental, as well as multiple risk factors taken into consideration in the project design. America On Track will serve 120 unduplicated Santa Ana residents with these grant funds: 60 mentees/children of prisoners and 60 guardians/familiy members. Activities will include recruiting, training and sustaining 60 mentors to be matched with the 60 mentees and providing 60 guardians/family members with wrap-around services. Schedule of Performance Unduplicated Estimated Participants Invoicing Quarter 1: JUL 1 - SEP 30 30 $ 7,296 Quarter 2: OCT 1 - DEC 31 30 $ 7,296 Quarter 3: JAN 1 - MAR 31 30 $ 7,296 Quarter 4: APR 1 - JUN 30 30 $ 7,296 120 $ 29,182 Exhibit A Organization Name Program Name Santa Ana CDBG Program Budget Program Year 2016-2017 America On Track Brighter Futures for Children of Prisoners Expenditures Category Expenses Funded by Santa Ana CDBG Expenses Funded by Other Sources AOT Fundraisers - Golf & Wine Total Program Budget 84,359 Total Organizational Budget Administrative Staff Salaries & Benefits 50,000 $ 11,350.00 $ 11,350 $ 22,784.00 Program Staff Salaries & Benefits $ 26,529 $ 151,603 $ 178,132 $ 631,940 Contractual/Professional Services $ 10,000 $ 10,000 $ 113,800 OTHER: 253,276 $ - College Is For Me Too! $ 9,250 $ 9,250 $ 9,250 Mentor Screening $ 7,700 $ 7,700 $ 7,700 Program Supplies $ 16,575 $ 16,575 $ 84,658 Rent $ 8,703 $ 8,703, $ 48,092 Telephone & Postage $ 3,600 $ 3,600 $ 18,500 General Office &Su lies $ 2,400 $ 2,400 $ 44,500 Mileage & Conferences $ 918 $ 918 $ 9,104 Rental/Maintenance $ - $ 16,021 Insurance $ 1,995 $ 1,995 $ 9,976 Depreciation $ - $ 12,000 TOTAL DIRECT COST $ 26,529 $ 224,094 $ 250,623 $ 1,028,325 10% INDIRECT COST RATE $ 2,653 $ 2,653 Total $ 29,182 $ 224,094 $ 253,276 $ 1,028,325 Indirect cost rate: 10% Non -Federal entity without federaly recognized negotiated indirect cost rate, will charge a de minimis rate of 10% of modified total direct costs LIST ALL OTHER PROGRAM FUNDS THAT HAVE BEEN SECURED FOR 16-17 (Total Funds for Program must equal Total Program Budget above) Source Amount Santa Ana CDBG $ 29,182 AOT Fundraisers - Golf & Wine $ 84,359 American Honda Foundation $� 50,000 OCCF Donor -Advised Foundation $ 20,000 Crevier Family Fund $ 20,000 Foundation that wishes to be anonymous $ 20,000 Other Foundation Grants $ 29,735 Total Funds for the Program $ 253,276 Exhibit B Page 1 of 1 Program Year 2016-17 CDBG Funded Personnel Nance of Organization: America On Track Name of Program Brighter Futures for Children of Prisoners NOI E: Reimbtusement will be based off of actual service and docmnented expenditures. PROGRAM STAFF Position Title Annual Salary Annual Benefits Total Compensation CDBG Finds Requested for this position Program Coordinator $ 42,000 $ 42,000 $ 20,000 Match Support Specialist/Client Advocate $ 38,000 S 38,000 $ 6,529 facilitates wrap-around services and referrals, and supervises the snatches throughout the year in Total Amount Requested $ - S - educational presentations, special events, and community service, and assists in the prepaution of reports and data collection. Match Support Specialist/Client Advocate The Match Support Specialist helps screen and place project participants, and serves as an ongoing Total Amount Requested $ 26,529 Must equal amount indicated on Exhibit B CONTRACTUAL/PROFESSIONAL SERVICES Type of Service Annual Contract Amount Total Compensation CDBG Funds Requested S identifying and training eligible mentees (and their caregivers) throughout the yeain conjunction S - with the Project Director. The Program Coordinator conducts mentor/mentee match sessions, facilitates wrap-around services and referrals, and supervises the snatches throughout the year in Total Amount Requested $ - Budget Narrative Budget Narrative. Describe line items listed in the budget. Item: Description Must equal amount indicated on Exhibit B Program Coordinator The Program Coordinator is responsible for recruiting, screening, and interviewing mentors, and identifying and training eligible mentees (and their caregivers) throughout the yeain conjunction with the Project Director. The Program Coordinator conducts mentor/mentee match sessions, facilitates wrap-around services and referrals, and supervises the snatches throughout the year in conjunction with the Match Support Specialist. The program also coordinator coordinates educational presentations, special events, and community service, and assists in the prepaution of reports and data collection. Match Support Specialist/Client Advocate The Match Support Specialist helps screen and place project participants, and serves as an ongoing case manager, referred specialist, and advocate for the mentors, mentees and caregivers. The Match Support Specialist is also responsible for reviewing and tracking all mentors' monthly activity notes and reporting any special circumstances (positive or negative) to the Project Director. Lxhibit 13-1. Page I of] 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 ofthe May 26, 1988 Federal Re 'roster (pages 19160-19211). (BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS FOR CERTIFICATION - Attached) (1) The prospective recipient of federal assistance funds 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. Claire Braeburn Executive Director Name and. Title of Authorized Representative Signature Date EXHIBIT C INSTRUCTIONS FOR CERTIFICATION 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 determined 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 finds 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 fiords 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 Fro pro, ams. 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 C 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 fiends have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contact, grant, loan or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontract, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. America On Track Brighter Futures for Children of Prisoners Grantee/Contactor Organization Program Title Name of Certifying Officer Signature Date EXHIBIT D Pas -ye I of 2 �,z-7-tO 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 constriction work. 4. SUBRECIPIENT will comply with all Federal statutes applicable to projects funded with commumity development funds, except that (a) SUBRECIPIENT does not assume CITY'S environmental responsibilities described at 24 CFR 570.604; and (b) SUBRECIPIENT does not assume CITY'S responsibility for initiating the review process under Executive Order 12372. EXHIBIT D Passe 2 of 2 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. (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; EXHIBIT E Page 1 of 3 (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 (f). 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. America on Track Organization 11 0—at� Q-6ktQ� Ce 2-T/ (,o Authorized Signature Date EXHIBIT E Page 2 of 3 PLACE OF PERFORMANCE FOR CERTIFICATION REGARDING DRUG-FREE WORKPLACE REQUIREMENTS Name: America on Track Date: Rily 1, 2015 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): 600 W. Santa Ana Blvd Suite 710 Santa Ana, CA 92701 Various Santa Ana Locations EXHIBIT E Page 3 of 3 �ecca®zcr" CERTIFICATE OF LIABILITY INSURANCE OATE(MM1OOIyYYY) 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. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES 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(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER, IMPORTANT: It the certificate holder is an ADDITIONAL INSURED, the policy(los) must 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 Ileu of such endorsement(s). PRODUCER Specializing in Insurance for Nonprofits NONE: Certificate issuance Team ... ... Comprehensive Insurance services _,-._....................._—_.. _ .._......__...-.._ PHONE HO Ns..Ext1 (949)709-8800 ....... 1 PAX N9),, <949YTon-sees .,..__ --- _.... 26429 Rancho Parkway South _, .........____.. EMAIL A-MAJI, info . ...__._ _.__. Suite 120 _......_ ............._. _....... INSURERS) AFFORDING COVERAGE NAIC9 Lake Forest CA 92630 INSURERA Nonprofits Ins_ Alliance of CA INSURED _ INSURER 9: i "- .. ... BODILY INJURY (ParPersnnj $ { NSURER O: America On Track -_ ......... ........_..,___....._- BO Box 4141 _I,N9URERb ..............-..-.--.._.. ,...,.._._.. NSURGRE: Tustin CA 92761-4141 INSURER F: COVERAGES CERTIFICATE NUMBER:GL/Auto/ISC RFVIAHIM MIIMRFR• THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED A80VE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICI4 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. Pull ..__,._.__. ...._.... ._._.—._.--IADDL SUBR!.. ____ LTR TYPE OF INSURANCE 1 LTGPOLICY NUMBER ._. POLIdV EFf POLICY E%P_ ..,,. ...------------ .............. .._.----- (O YYY 3 `� LIMITS X COMMEROIAL GENERAL LIABILITY .... EACH OCCURRENCE ! $ 1,000,000 A CLAIMS -MARL �..X OCCUR ----- hAN1AGE'T2573FNTC0' '._-- ..._ PREMIES(Ea.,mmrsme) sA0,404 X X2015 -06100 -NPO ;$ 9/1J2tl15 9/1/2018 MED EXP �Myaia Person) $ 20 044 I PERSONAL A ADV INIIJRV $ 1 040,000 ! GEN1 AGGREGATE LIMIT ARM me PER: ( 1 GENERAL AG...G,R,EGATE 2,000,000 JEU .(._. ..-. PRODUCT&=OOMP/OP 2 _.. AGG,$-. ,000,400 OTHER: Oedd$ AUTOMOBILE LIABILITY ._. N 1 tE LIMn i 1 a ono e '$ 1,444,404 X A --- ��i i "- .. ... BODILY INJURY (ParPersnnj $ { ALL OWNCO SCHEDULED .,..AUTOS AUTOS !2 015 -0 618 0 -NPO . ._-...... .. ... -.. = 9/lJ2plb pf1(20].S 900RY IN,IIIRY {Per acu!dexM1}�$ HIREOAUTOS AUTOS ED ! ....., AUTOS -� PROPER'T'Y OAMACE ( (pgl acrndeN} _. $ S, ...._ .....-. 1 a 0arl.ruble $ I UMBRELLA LIFE OCCUR ( 1 I EACH OCCVRRENCE I$ t aXCEeS LIAR CLAIMS -MADE ! i, _7. _.... _ j AGGREGATE $ J -.,..,- DEO RE rENI'IONS (WORKERS COMPENSATION AND EMPLOYERS' LIABILITY i (OTFlTUTE� YIN t RH ANY PROPRIETORIPARTNENEXECUTIVE r OFFICERP,EM9ER EXCLUDEDP NIA I EL CACI ACGII?ENT 8- -. _ (Mandatory in NH) ( Una, das.dic under ! 1 l CL DISEASE -EA EMPLOYE '$ 4 — DESCRIPTION OF OPERATIONS below 1 El, DISEASE POLICY LIMIT $ A Improper Sexual Conduct2015-061Bp-NPO I 9J1/2p15 9/1/2010 $i,ppO,OpUAp011,D0O,pOUEaO $0 Deductible A Social Sery Professional 2015-06180-NPp i .9/1/2015 7/1/2018 $2,O90,C4UfTA00.00pEa 0. $0 Deductible' DESCRIPTION OF OPERATIONS I LOCATIONS J VEHICLES (ACORD 101, Additional Remarks Sohom., may be adanhed It more space la rela rem City of Santa Ana, its officers, employees, agents and representatives are included as Additional Insured per attached agreement. 30 day notice of cancellation with 10 day notice of cancellation for non-payment of premium per policy provision, CERTIFICATE HOLDER CANCELLATION Q 198$-2014 ACORD CORPORATION. All rights reserved, ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD INS025 (201 not ) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Santa Ana THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 20 Civic Centel' Plaza ACCORDANCE WITH THE POLICY PROVISIONS, Santa Ana, CA 92701 AUTHORIZED REPRESENTATIVE Richard Eynon/JEREMY Q 198$-2014 ACORD CORPORATION. All rights reserved, ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD INS025 (201 not ) NA y. 41 ADDITIONAL INSURED END&RSE-Mf-?+T- AGREEMENT Insurance Company Nof!profits Insurance Alliance of California This endorsement modifies such insurance as is afforded by the provisions of Policy 42015 -06180 -NPO —relating to the following: The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; it officers, employees, agents and representative are named as additional insureds ("additional insureds") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured, 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds, 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4, With respect the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30)*days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. *Except 10 day for cancellation due to non-payment of premium (Completion of the following, Including countersignature, Is required to make this endorsement effective,) Effective this endorsement form as part of Policy # 2015 -06180 -NPO Issued toAmedca On Track Name Insured Countersigned by_ I ,tmmw Agvnt� iture , 41'mw tsmt� ACC>Rbr CERTIFICATE OF LIABILITY INSURANCE ----- DATE CAWOUNYYY) INSR LTR 12/14/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES 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(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must 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 endorseniont(s). PRODUCER CONTACT NAMEt PAYCHEX INSURANCE AGENCY INC 150 SAWGRASS DR ROCHESTER, NY 14620 PHONE ;)v UVC, N., EM': 877)v No)' (877)877x447 E:MAIL INSURER(S) AFFORDING COVERAGE NAG If (677)$62-6765 INSURER A: TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA INSURED AMERICA ON TRACK INSURER 5: INSURER C; 600 W SANTA ANA BLVD STE 71 Q INSURER D: SANTA ANA, CA 92701 Tx-iLDiiww --- ---- ---- -------- - ----------- -- ------- - — ------ ---- -- .. .......... ------ --------------- RERI, ----- . . ..... . THIS IS TO CERTIFY THAI' 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. INSR LTR TYPE OF INSURANCE ADD L INSO BUSH MD POLICY NUMB TLL—lm POLICY Err POUCYEXP LIMITS .. COMMERCIAL GENERAL LIABILITY CLAIMS -MADE � OCCUR EACH OCCURRENCE $ DAMAGE TO REN I �D REM15E S (E.O=uyen,&) $ $ MED EXP lArwww P..,) PERSONAL & ADV INJURY IF GEN'L AGGREGATE LIMIT APPLIES PER; POLICY [:]PRO -[:]LOC OTHER: JECT H -9-EIIE GGR GATE $ PRODUCTS - COMPIOP AGO $ $ AUTOMOBILE LIABILITY — COMBINED SINGLE LIMIT IRA aWdPiit) $ BODILY INJURY P., $ ANY AUTO ALI. OWNED SCHEDULED AUTOS AUTOS BODILY INJURY( Pat aacidnniJ $ HIRED FlUTDS NON -OWNED AUR OS PROPE DAMAGE (P.rG.1 .nU $ ---- UMBRELLA LIAR EXCESS UAS OCCUR CLAIMS -MADE EACH OCCURRENCE $ DEULJ BET ENTION I$ AGGREGATE $ _M:603M4278-16 A WOMERSCOMPENSAIRON AND EMPLOYERS' LIABILITY YIN NIA 0110112016 01/01/2017 X 0TUTE 'Q'TH- Bill- EACH ACCIDENT $1000000 ANY PROPRIE10R)PAR INERILXECUTIVE OFFIC5111MV Ell DISEASE LA EMPLOYEE $1,000,000 (Mandatory in NH) If n., de.aiba wdar DESCRIPTION OF OPERATIONS Wm E.L. DISEASE POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS (VEHIZES IACORD 101, Addillari.l ftria,ks Schedule, ..y b. aiaidl.d If more 1P.. In 1.10.d) CITY OF SANTA ANA 20 CIVIC CENTER PLAZA M25 SANTA ANA, CA 92701 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS, AUTHORIZED REPRESENTATIVE (. Qc) 1960-2014 ACORD CORPORATION, All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD AC®R0f CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, 9/1/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES 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(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must 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). PRODUCER CONTACT Certificate Issuance Team NAME: Comprehensive Insurance $erV1CeS A/C NN_o, (949) 709-6800 No): (949)709-1668 26429 Rancho Parkway South -IAC E-MAILs:info@thecomprehensiveinsurance.com ADDRE Suite 120 INSURER(S) AFFORDING COVERAGE NAIC# Lake Forest CA 92630 INSURERA:Nonprofits Ins Alliance of CA 11845 __. INSURED ___... - _-__---..-. INSURER B: America On Track INSURER C : P.O. BOX 4141 INSURER D : 9/1/2017 INSURER E: Tustin CA 92781-4141 INSURER F.' COVERAGES CERTIFICATE NUMBER:GL/Auto/ISC 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. INSR _-.. ADDLSUBR._. __.----_..- POICY EFF POLICY EXP LTR I TYPE OF INSURANCE POLICY NUMBER MMLDD/YYYY MM/DD/YYYY LIMITS ACCORDANCE WITH THE POLICY PROVISIONS. X I COMMERCIAL GENERAL LIABILITY _ AUTHORIZED REPRESENTATIVE Richard Eynon/JEREMY EACH OCCURRENCE $ 1,000,000 A CLAIMS -MADE _XJ OCCUR _ DAMAGE TO RENTED PREMISES -(Ea occurrence) $ - 500 , 000 X 2016 -06180 -NPO 9/1/2016 9/1/2017 MED EXP (Anyone person) $ 20,000 PERSONAL 8 ADV INJURY_ $ 1,000,000 GEN1 AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ 2,000,000 X ❑ PRO [X] 2,000,000 POLICY JECT LOCPRODUCTS - COMP/OPAGG $ OTHER: $0 Deductible $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) A X --- ANY AUTO BODILY INJURY (Per person) $ ALL OWNED SCHEDULED AUTOS AUTOS 2016 -06180 -NPO 9/1/2016 9/1/2017 BODILY INJURY (Per er accident) $ HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE -(Per. accident) $ $ Deductible $ UMBRELLA LAB OCCUR EACH OCCURRENCE $ EXCESS LABCLAIMS-MADE AGGREGATE $ DED RETENTION $ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS' LIABILITY YIN _ __ _STATUTE ER - ANY PROPRIETOR/PARTNER/EXECUTIVE E L. EACH ACCIDENT $ [AOFFICER/MEMBER EXCLUDED N / A (Mandatory in NH) E.L. DISEASE - EA EMPLOYE $ If yes, describe under - _ ---- - -- -- - DESCRIPTION OF OPERATIONS below E.L DISEASE - POLICY LIMIT $ A Improper Sexual Conduct 2016 -06180 -NPO 9/1/2016 9/1/2017 $1,000,00OAgg/1,000,000EaCl $ Deductible A Social Sery Professional 2016 -06180 -NPO 9/1/2016 9/1/2017 $2,000,000/1,000,000Ea Occ $ Deductible DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Additional Insured status applies automatically per written contract or agreement per attached endorsement CG2026. 30 day notice of cancellation with 10 day notice of cancellation for non-payment of premium per policy provision. CERTIFICATE HOLDER CANCELLATION ACORD 25 (2014/01) INS025 (201401) © 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Santa Ana THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 20 Civic Center Plaza ACCORDANCE WITH THE POLICY PROVISIONS. Santa Ana, CA 92701 AUTHORIZED REPRESENTATIVE Richard Eynon/JEREMY ACORD 25 (2014/01) INS025 (201401) © 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: 2016 -00441 -NPO COMMERCIAL GENERAL LIABILITY CG 20 26 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Any person or organization that you are required to add as an additional insured on this Poli, under a written contract or agreement currently in effect, or becoming effective during the term of this policy. The additional insured status will not be afforded with respect to liability arising out of or related to your activities as a real estate manager for that person or organization. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II —Who Is An Insured additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performance of your ongoing operations; or 2. In connection with your premises owned by or rented to you. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III – Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 26 04 13 © ISO Properties, Inc., 2012 Page 1 of 1 ®� CERTIFICATE OF LIABILITY INSURANCE 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, 12/1412015YYY, 1 2/1 4120 1 5 THIS CERTIFICATE 15 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES 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(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policyli must be endorsed. If SUBROGATION IS WAIVED, subject to the term's 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). PRODUCER CONTACT NAME: PAYCHEX INSURANCE AGENCY INC 150 SAWGRASS DR ROCHESTER, NY 14620 (PAD Fax AIC,. Na„ Ext : 877 362-6785 APC, No): (B77)677-0447 E-MAIL ADDRESS: a chez travelers.eom INSURERS) AFFORDING COVERAGE NAIC # (877) 362-6785 INSURER A: TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA '.... EACH OCCURRENCE $DAMAGE INSURED AMERICA ON TRACK INSURER B INSURER C . 600 W SANTA .ANA BLVD STE 710 INSURER.. D: SANTA ANA, CA 02701 INSURER E: ..... ........... ...._ .._m.._ INSURER F: COVERAGES CERTIFICATE NUMBER: 149090556581843 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. INSR. LTR, TYPE OF INSURANCE ADD.. IINSD SUBR WVD POLICY NUMBER POLICY EFF MM/DDPYYYY POLICY EXP MMBDD/YYYY LIMITS COMMERCIAL GENERAL LIABILITY CLAIMS. -MADE [--]OCCUR '.... EACH OCCURRENCE $DAMAGE TO REIN I ED PREMISES 'Ea occurrence $ MED EXP An...._ one ri i $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: POLICY DPRO- JECT F—] LOC GENERAL AGGREGATE $ PRODUCTS - COMd.PPOP AGO $ OTHER: $ ''. AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ IEa accident} BODILY INJURY (Per Person) $ ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED.. AUTOS PROPERTY DAMAGE (Per accident} $ UMBRELLALIAB HCLAIMS-MADE OCCUR EACH OCCURRENCE $ EXCESS LIAB AGGREGATE ..�. DED'. RETENTION $ $ A WORKERS COMPENSATION AND EMPLCIYER�S' LIABILITY Y/N N/A LaB-603M4278- 16 �i 1 /01 /201 6 01 /01 /201 7 X PER EOR H .,,•••.. ACCIDENT ANY PRORIEXECUTIV£ FFIC£MME BEREXCLUDED7 (Mandatory .,QQC,O{C E.L. DISEASE EMPLOYEE $1,000,000 If es, descibe under DESCRIPTIrON OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS f VEHICLES (ACORD 101,.. Additional Remarks Schedule, may be attachedif more space is required, CERTIFICATE HOLDER CITY OF SANTA ANA 20 CIVIC CENTER PLAZA M25 SANTA ANA, CA 92701 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE. WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE @ 1988-2014 ACORD CORPORATION. All rights reserved. ACORD' 25 (2014/01) The ACORD name and logo are registered marks of ACORD ,gCc�Ra CERTIFICATE OF LIABILITY INSURANCE 06/011IM'IDDIYYYY, 06/O 1 /2417 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE, [TOES 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(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION! 15 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). PRODUCER CONTACT NAME: PAYCHEX INSURANCE AGENCY INC 15G SAW'GRASS DR ROCHESTER, NY 14620 AJC, No, Ext : 877 .362.6785 FAX No , 877 sal -coal E-MAIL ADDRESS: paychex@travefers.com INSURERS) AFFORDING COVERAGE NAIL # (87'7) 362-6785 INSURER A: TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA INSURED........ AMERICA ON TRACK INSURER B: INSURER C: 600 W SANTA ANA BLVD INSURER D: STE 710 SANTA ANA, CA'92701 _.._._.__. INSURER E; INSURER F: COVERAGES CERTIFICATE NUMBER., 665311030581251 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. NOTWWTHSTANIDING 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. INSR LTR TYPE OF INSURANCE ADDL INSO SUBR WV'D POLICY NUMBER POLICY EFF MMIDDIYYYYMMIDDFVYYY POLICY EXP LIMITS COMMERCIAL GENERAL LIIABIL6"r't' CLAIMS -MADE [:]OCCUR EACH OCCURRENCE $ DAMAGE TO RENTED PREMISES Ea occurrenca $ MED EXP (Any one Berson, $ PERSONAL 8. ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: PRO- OHE LOC R: JECT GENERAL AGGREGATE $ PRODUCTS -COMPIOPAGG $ OTHER: $ A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY (Per person) ANY AUTO} ALL OWNEDSCHEDULED AUTOS AUTOS .,.� BODILY INJURY (Per accident) - HIRED AUTOS NON -OWNED AUTOS, PROPERTY DAMAGE (Per accident) UMBRELLA LIARBLAWS-MADE CCUR EACH OCCURRENCE .$ ""."'..... EXCESS LIAR AGGREGATE,$ DED RETENTION $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN NIA LIB -603M4278-17 01/01/2017 01/01/2018 X 1F1E.R11U1E oNTH- E.L. EACH ACCIDENT ,000,000 ANY PROPRIETORIPARTNERPEXECUTIVE OFFICERIMEMBER EXCLUDED? (Mandatary in NH) E.L. DISEASE - EA EMPLOYEE $ 1 ,000,400 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT' $1,000,000 DESCRIPTION OF OPERATIONS d LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) q, J LsCr%r Ir" -M I I= rTvt..Lrr.lr% 1L AIVIrtLLA I RUIN CITY OF SANTA ANA 20 CIVIC CENTER PLAZA M25 SANTA ANA„ CA 92701 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE @ 1988-2414 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD