HomeMy WebLinkAboutYOUNG MEN'S CHRISTIAN ASSOCIATION OF OC (2)City of Santa Ana
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Clerk of the Council
AGREEMENT TERMINATION FORM
Please complete this form in its entirety when the attached agreement and all
amendments (if any) are no longer in effect.
Note: If your agreement is grant related, please ensure that all grant retention requirements
have been satisfied prior to signing the termination form.
Is the agreement(s) a permanent record? Yes No
Return form to the Clerk of the Council Office (M-30).
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The aareement with
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A-2019-094-28B
No. _ was completed on
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Revised: 10-18-16
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Date:
INSURANCE NO-11 ON FILE A-2019-094-28B
WORK MAY N01 PROCEED
CLERK OF COU CIL,
DATE: JUL 5 2019
( AGREEMENT BETWEEN THE CITY OF SANTA ANA AND
Q 1 C \) A 1`tYOUNG MEN'S CHRISTIAN ASSOCIATION OF O.C. FOR USE OF
PC, 4 a F [s2 y COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
This Agreement is hereby made and entered into this 1 at day of July, 2019, by and between the City
of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and
laws of the State of California ("Crl Y"), and Young Men's Christian Association of Orange County, 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") Conunmuty Development Block Grant ("CDBG") Entitlement Program,
Catalog of Federal Domestic Assistance (CFDA) Nurnber 14.218, and Federal Award Identification Number
(FAIN) B-19-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 Housing and
Community 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 funds and administer such financial assistance; and to provide the services described in
Exhibit A, in accordance with the schedule of performance included therein, hereinafter referred to as "said
program". SUBRECIPIENT represents that it is qualified and willing to operate said program and certifies
that the activities carried out with funds provided under this Agreement will erect 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.
WHEREFORE, it is agreed by and between tine parties that the foregoing Recitals are a substantive
part of this Agreement and the following teens and conditions are approved and together with all exhibits and
attachments hereto, shall constitute the entire Agreement between the CITY and SUBRECIPIENT:
I. SUBRECIPIENT'S OBLIGATIONS
A. Nonprofit Status - Representatiatus 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 funding hereunder and to undertake all obligations as
provided herein and the execution, performance and delivery of this Agreement by SUBRECIPIENT has
been fully authorized by all requisite actions on the part of SUBRECIPIEN'P.
(b) Experience, SUBRECIPIENT is a qualified provider of the services to be provided
hereunder.
(c) Familiarity With Services Required. By executing this Agreement, SUBRECIPIENT
warrants that (i) it has thoroughly investigated and considered the services to be performed and provided
hereunder, (ii) it has carefully considered how the services should be performed, and (iii) it fully
understands the facilities, difficulties and restrictions attending performance of the services under this
Agreement.
(d) No Conflict. To the best of SUBRECIPIENT'S knowledge, SUBRECIPIENT'S execution,
delivery and performance of its obligations under this Agreement will not constitute a default or a breach
under any contract, agreement or order to which SUBRECIPIENT is a party or by which it is bound.
(e) No Bankruptcy. SUBRECIPIENT is not the subject of any current or threatened bankruptcy
proceeding.
(f) No Pending Legal Proceedings. SUBRECIPIENT is not the subject of a current or
threatened litigation that would or may materially affect SUBRECIPIENT'S performance under this
Agreement.
(g) Application Veracity. All provisions of and information provided in SUBRECIPIENT'S
application for funding submitted to CITY including any exhibits are true and correct in all material
respects.
(h) No Pending Investigation. SUBRECIPIENT is not aware that it is the subject of any current
or threatened criminal or civil action investigation by any public agency, including without limitation a
police agency or prosecuting authority, that would relate to affect performance of the Agreement or
provision of services hereunder.
B. Amount of Grant/Term and Quarterly Disbursement. The amount granted to
SUBRECIPIENT is $30,000 ("CDBG FUNDS"), for the term of July 1, 2019 through June 30, 2020 for
the program named: Financial Assistance Program. Such funds shall be expended by SUBRECIPIENT
on or before June 30, 2020. 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 fully set forth. SUBRECIPIENT shall be obligated to
perform such duties as would normally extend beyond the term, including, but not limited to, obligations
with respect to indemnification, audits, reporting, data retention/reporting, and accounting. Failure to
provide any of the required documentation and reporting will cause CITY to withhold all or a portion of a
request for reimbursement, or retain 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 perform as required may, in
addition to other remedies set forth in this Agreement, result in readjustment of the amount of funds CITY is
otherwise obligated to pay to SUBRECIPIENT hereunder.
D. Allowable Costs. SUBRECIPIENT agrees to complete said program on or before June 30,
2020, and to use said finds 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. SUBRECIPIENT shall use all income received from said funds only for the
same purposes for which said funds may be expended pursuant to the terns and conditions of this
Agreement. SUBRECIPIENT has the ability to adjust line item amounts in the budget with the written
approval of the CITY's Executive Director of the Community Development Agency, or designee, so long as
the total budget amount does not increase.
Pursuant to 2 CPR §200.331(a)(4), the Indirect Cost Rate for the SUBRECIPIENT'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 minims 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 eusur6 that its staff shall also obtain and maintain all required licenses, registrations, accreditation and
inspections from all agencies governing SUBRECIPIENT's operations hereunder. Such licensing
requirements include obtaining a City business license, as applicable.
F. Zoning. SUBRECIPIENT agrees that any facility/property used in furtherance of said
program shall be specifically zoned and permitted for such use(s) and activity(ies). Should SUBRECIPIENT
fail to have the required land entitlement and/or permits, thus violating any local, state or federal rules and
regulations relating thereto, SUBRECIPIENT shall immediately make good -faith efforts to gain compliance
with local, state or federal riles and regulations following written notification of said violation(s) from the
CITY or other authorized citing agency. SUBRECIPIENT shall notify CITY immediately of any pending
violations. Failure to notify CITY of pending violations, or to remedy such known violation(s) shall result in
termination of grant funding hereunder. SUBRECIPIENT must make all corrections required to bring the
facility/property into compliance with the law within sixty (60) days of notification of the violation(s); failure
to gain compliance within such time shall result in termination of grant funding hereunder.
G. Separation of Accounts. All funds received by SUBRECIPIENT from CITY pursuant to this
Agreement shall be maintained in an account in a federally insured banking or savings and loan institution
with record keeping of such accounts maintained pursuant to applicable 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 CDI3G
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 finds, SUBRECIPIENT shall have an
armual 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.
I. Record IZeepin forting. 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.
e. Documentation of expenses as identified in the Budget Proposal, including evidence of
incurring the expense, invoices for goods or services, copies of any and all contracts or
documentation pertaining to costs for subcontractors, plus all other invoices 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 BEGS.
(2) Reports
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. Morvtoring activities may also include, but are not limited
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to, questioning employees and participants in said program and entering any premises or any site in which
any of the services or activities funded hereunder is conducted or in which any of the records of
SUBRECIPIENT are kept. Nothing herein shall be construed to require access to any privileged or
confidential information as set forth in federal or state law.
K. Location of Records/Required Length of Record Keeping. All accounting records, reports,
and evidence pertaining to all costs, expenses and the CDBG FUNDS of SUBRECIPIENT and all
documents related to this Agreement shall be maintained and kept available at SUBRECIPIENT' S office
or place of business for the duration of the Agreement and thereafter for five (5) years 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) years until complete resolution or disposition of such appeals, litigation claims, or
exceptions. In the event SUBRECIPIENT does not make the above -referenced documents available within
the city of Santa Ana, California, SUBRECIPIENT agrees to pay all necessary and reasonable expenses
incurred by CITY in conducting any audit at the location where said records and books of account are
maintained.
L. Compliance with Law/Program Income. SUBRECIPIENT acknowledges that the funds
being provided by CITY for said program are received by CITY pursuant to the ACT as amended and that
expenditures of these funds shall be in accordance with the ACT and all pertinent regulations issued by
agencies of the federal government, including, but not limited to, all regulations found at Title 24 of the Code
of Federal Regulations. Program income received by SUBRECIPIENT shall be returned to CITY unless
otherwise provided for in this Agreement. SUBRECIPIENT agrees to comply fully with all federal, state and
local laws and court orders applicable to its operation whether or not referred to in this Agreement.
M. 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 SUBRECIPIENT shall be reported immediately to
CITY.
N. Confidentiality. Without prejudice to any other provisions of this Agreement,
SUBRECIPIENT shall, where applicable, maintain the confidential nature of information provided to it
concerning participants in accordance with the requirements of federal and state law. However,
SUBRECIPIENT shall submit to CITY and or HUD or its representatives, all records requested, including
audit, examinations, monitoring and verifications of reports submitted by SUBRECIPIENT, costs incurred
and services rendered hereunder.
O. Independent Contractor. SUBRECIPIENT agrees that the performance of obligations
hereunder is rendered in its capacity as an independent contractor and that it is in no way an agency of CITY.
P. Violation of Terms and Conditions. SUBRECIPIENT agrees that if SUBRECIPIENT
violates any of the terms and conditions of this Agreement or any prior Agreement whereby CDBG funds
were received by SUBRECIPIENT, or if SUBRECIPIENT reports inaccurately, or if on audit there is a
disallowance of certain expenditures, SUBRECIPIENT agrees to remedy the acts or omissions causing the
disallowance and repay CITY all amounts spent in violation thereof. If SUBRECIPIENT engaged in
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fraudulent activity to obtain and/or justify expenditure of the CDBG funds granted hereunder,
SUBRECIPIENT shall be required to reimburse the CITY of all such (ands that were obtained and/or spent
under fraudulent circumstances.
Q. Equipment. SUBRECIPIENT agrees to maintain a record for each item of non -expendable
personal property acquired under the terms of this Agreement. Said record shall be made available to CITY
upon request. The term "non -expendable personal property" shall include leased and purchased equipment.
R. Prohibited Use. SUBRECIPIENT hereby certifies and agrees that it will not use funds
provided through this Agreement to pay for entertainment, meals or gifts, or other prohibited uses.
S. Lobbyin¢. SUBRECIPIENT certifies that it will comply with federal law (31 U.S.C. 1352)
and regulations found at 24 CFR Part 87, which provide that no appropriated funds may be expended by the
recipient of a federal contract, grant, loan or cooperative agreement to pay any person for influencing or
attempting to influence an officer or employee of any agency, Member of Congress, or an officer or
employee of a Member of Congress in connection with awarding of any federal contract, the making of any
federal grant or loan, entering into any cooperative agreement and the extension, renewal, amendment or
modification of any federal contract, grant, loan or cooperative agreement. SUBRECIPIENT shall sign a
certification to that effect in a form as set forth in "Exhibit 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 funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with
this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit a
"Disclosure Form to Report Lobbying," in accordance with its instructions (Exhibit D).
SUBRECIPIENT shall require that the 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 fiords to pay
salaries and other related administrative or personnel costs, no persons who exercise or have exercised
any function with respect to CDBG activities assisted under the terms of this Agreement, or who are in a
position to participate in a decision -malting 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
SUBRECIPIENT shall maintain documentation that demonstrates compliance with hour and wage
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requirements of this part. Such docmnentation shall be made available to the CITY for review upon
request.
SUBRECIPIENT 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 SUBRECIPIENT of its obligation, if
any, to require payment of the higher wage. The SUBRECIPIENT shall cause or require to be inserted in
full, in all such contracts subject to such regulations, provisions meeting the requirements of this
paragraph.
V. Section 3 of the Housing and Urban Development Act of 1968. SUBRECIPIENT will make
every effort to provide training opportunities for low -and moderate -income persons residing within the
community 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 under this Agreement and binding on the SUBRECIPIENT. Failure
to fulfill these requirements shall subject the SUBRECIPIENT, its successors and designees, to those
sanctions specified by the Agreement through which federal assistance is provided. The SUBRECIPIENT
certifies and agrees that no contractual or other disability exists which would prevent compliance with these
requirements. SUBRECIPIENT 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. SUBRECIPIENT 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 CPR Part 200 et al.
SUBRECIPIENT shall procure all materials, property, or services in accordance with the requirements of
2 CFR 200.318-326.
Y. Subpart K of 24 CFR 570. SUBRECIPIENT will carry out its activities in compliance with the
requirements of Subpart K of 24 CFR 570, however SUBRECIPIENT does not assume the CITY's
environmental responsibilities or the responsibility for initiating the environmental review process under 24
CFR Part 52.
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" are 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.
II. CITY'S OBLIGATIONS
A. Pavment of Funds. On July 1, 2019, the CITY was allocated $5,701,154 for fiscal year 2019-
2020 from the United States Department of Housing and Urban Development ("HUD") Community
Development Block Grant ("CDBG") Entitlement Program. CITY agrees to pay to SUBRECIPIENT when,
if and to the extent federal funds are received a sum not to exceed THIRTY THOUSAND Dollars ($30,000)
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 program
requirements and monitors grant and subgrant supported activities to assure compliance with Federal
requirements. Such monitoring covers each program, function and activity and performance goals are
reviewed periodically.
D. Environmental Review: bi accordance with 24 CPR 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 manner, or if the CITY determines that insufficient supporting
information has been submitted, the CITY shall notify the SUBRECIPIENT in uniting 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
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. SUBRECIPIENT agrees to comply with Executive Order 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. SUBRECIPIENT 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 nondiscrimination clause.
B. SUBRECIPIENT 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. SUBRECIPIENT 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. SUBRECIPIENT 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. SUBRECIPIENT 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. SUBRECIPIENT 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
discrimination 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 CPR 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 SUBRECIPIENT. Further, any conflict or potential conflict of interest of any officer of
SUBRECIPIENT shall be fully disclosed in writing prior to the execution of this Agreement and said writing
shall be attached and deemed fully incorporated as a part hereof. Notice shall be sent by SUBRECIPIENT to
CITY regarding any changes or modifications to its board of directors and list of officers.
V. SPECIAL CERTIFICATION FOR RELIGIOUS ENTITIES
If SUBRECIPIENT is a religious entity, SUBRECIPIENT hereby agrees that in connection with the
provision of the services SUBRECIPIENT shall provide with CDBG funds, in accordance with 24 CFR
570.2000):
A. SUBRECIPIENT shall not discriminate against any employee or applicant for employment on
the basis of religion and shall not limit employment or give preference in employment to persons on the basis
of religion.
B. SUBRECIPIENT shall not discriminate against any person applying for the services
SUBRECIPIENT agrees to provide under the terms of this Agreement on the basis of religion and shall not
limit such services or give preference to applicants for such services on the basis of religion.
C. SUBRECIPIENT shall NOT provide religious instruction or counseling, conduct any religious
worship or services, or engage in any religious proselytizing, or exert any religious influence in the provision
of the services in said program. The parties agree that this covenant is intended to and shall be construed for
the limited purpose of assuring compliance with respect to the use of CITY funds by SUBRECIPIENT with
applicable constitutional limitations respecting the establishment of religion as set forth in the establishment
clause under the First Amendment of the United States Constitution and Article I, Section 4 of the California
Constitution, and is not in any manner intended to restrict other activities of SUBRECIPIENT.
D. 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 funds may also be used for minor repairs to such property
which are directly related to the cost of rendering the services under 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. PROHMITION OF NEPOTISM
SUBRECIPIENT agrees not to hire or permit the hiring of any person to fill a position funded
through this Agreement if a member of that person's immediate family is employed in an administrative
capacity by SUBRECIPIENT. For the purposes of this section, the term "immediate family" means spouse,
child, mother, father, brother, sister, brother-in-law, sister-in-law, father-in-law, mother-in-law, son-in-law,
daughter-in-law, aunt, uncle, niece, nephew, stepparent and stepchild. The term "administrative capacity"
means having selection, hiring, supervisor or management responsibilities.
VII. NOTICES
Notices to the parties shall, unless otherwise requested in writing, be sent by U.S. Mail, postage
prepaid, and addressed as follows:
TO CITY: City of Santa Ana
Community Development Agency (M-25)
20 Civic Center Plaza
P.O. Box 1988
Santa Ana, California 92702-1988
10
TO SUBRECIPIENT: Jeff McBride
YMCA
13821 Newport Ave. Suite 200
Tustin, CA 92780
None of the duties of, or work to be performed by, SUBRECIPIENT under this Agreement shall be
subcontracted or assigned to any agency, consultant, or person without the prior written consent of CITY.
SUBRECIPIENT must submit all subcontracts and other agreements that relate to tlris 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, indemnify and save harmless CITY, its officers, employees, agents, representatives and volunteers
from and against any and all claims, demands, suits, actions or proceedings of any kind or nature, including,
but not by way of limitation, workers compensation claims and including attorney fees and reasonable
expenses for litigation or settlement, resulting from or arising out of the negligent or wrongful acts, errors or
omissions of SUBRECIPIENT, its officers, directors, employees, agents, subcontractors and suppliers arising
out of SUBRECIPIENT's performance of this Agreement.
X. INSURANCE
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. Governmental 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
11
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) days 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 fall 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.
Xl. REVERSION OF ASSETS
A. Upon the expiration of this Agreement, SUBRECIPIENT shall transfer to CITY any CDBG
funds on hand at the time of the expiration of this Agreement as well as any accounts receivable attributable
to the use of CDBG funds. [24 CFR 570.503(b)(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:
1. Used, where CITY has given written approval, to meet one of the national
objectives stated in 24 CFR 570.208 until five (5) years after expiration of this Agreement, or for such longer
period of time as determined to be appropriate by CITY; or
2. If not used in accordance with subparagraph 1 above, SUBRECIPIENT shall pay to
CITY an amount equal to the current fair market value of the property less any portion of the value
attributable to the expenditure of non-CDBG funds for acquisition of, or improvement to, the property. Such
payment is program income to CITY.
C. Subject to the obligations sett 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
1. Items of equipment with a current per unit fair market value of less than $5,000.00
may be retained, sold or otherwise disposed of with no further obligation to CITY.
2. Items of equipment with a current fair market per unit value of $5,000.00 or more
may be retained or sold and CITY shall have the right to an amount calculated by multiplying the current
market value or proceeds from the sale by CITY's share of federal funds used to acquire the equipment, in
accordance with 2 CFR 200.313(e)(2).
D. SUBRECIPIENT hereby agrees, upon the demand of CITY, to execute, acknowledge and
deliver, or cause any person or entity who may have any claim to rights hereunder or under any document,
instrument or agreement executed in furtherance of the services and activities to be performed hereunder, to
execute, acknowledge and deliver, to CITY assignment(s), quit claim deed(s) or such other and further
instruments, documents and agreements as may be necessary, in the sole and absolute discretion of CITY, to
vest in CITY all of SUBRECIPIENT's right, title and interest (if any it may have) in and to CITY, CDBG or
other federal, state and/or local accounts or program funds or allocation of funds to which CITY is or may be
entitled, either for its own account or as fiduciary or trustee for others, which were obtained for the purpose of
the performance of this Agreement or any previous agreements relating to the same subject matter or
activities as this Agreement, together with any instruments, loans, grants or advances by SUBRECIPIENT on
behalf of CITY, in furtherance of the activities hereunder or thereof.
SUBRECIPIENT's obligations and responsibilities set forth in this paragraph "XI. REVERSION OF
ASSETS," and in paragraph "XII. TERMINATION" and other requirements pertaining to program income
shall not be affected by the termination of this Agreement and shall survive the date of termination of this
Agreement for such period of time as CITY and/or HUD deems necessary for the responsibilities, duties and
obligations to be performed and completed to the satisfaction of CITY and HUD.
X1I. TERMINATION
A. This Agreement maybe terminated on thirty (30) days' written notice by either party. In the
event of such termination, SUBRECIPIENT shall only be entitled to reimbursement for approved expenses
incurred to the effective date of termination.
B. This Agreement may be suspended or terminated by CITY upon five (5) days' written notice for
violation by SUBRECIPIENT of Federal Laws governing the use of Community Development Block Grant
Funds. In the event of such suspension or termination, SUBRECIPIENT shall only be entitled to
reimbursement for approved expenses incurred up to the effective date of suspension or termination.
C. Pursuant to 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 termnation of this Agreement by written notice
to SUBRECIPIENT, which default and termination shall be effective on a date stated in the notice which is to
be not less than ten (10) days after certified mailing or personal service of such notice, unless such default is
cured before the effective date of termination stated in such notice. If terminated for cause, CITY shall be
relieved of further liability or responsibility under this Agreement, or as a result of the termination thereof,
including the payment of money, except for payment for approved expenses incurred for services
satisfactorily and timely performed prior to the mailing or service of the notice of termination, and except for
reimbursement of (1) any payments made for services not subsequently performed in a timely and
satisfactory manner, and (2) costs incurred by CITY in obtaining substitute performance.
D. The grant of funds under this Agreement may be terminated for convenience by either the CITY
or SUBRECIPIENT, 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 XH.E.,
inclusive, SUBRECIPIENT agrees to immediately return to CITY upon CITY's demand and prior to any
adjudication of SUBRECIPIENT's rights, any and all funds not used, and to comply with paragraph "XI.
REVERSION OF ASSETS" of this Agreement.
XIH. LIMITATION OF FUNDS
The United States of America, through HUD, may in the future place programmatic or fiscal
limitations on the use of CDBG funds which limitations are not presently anticipated. Accordingly, CITY
reserves the right to revise this Agreement in order to take account of actions affecting HUD program
funding. In the event of funding reduction, CITY may, in its sole and absolute discretion, reduce the budget
of this Agreement as a whole or as to costs category, may limit the rate of SUBRECIPIENT's authority to
commit and spend funds, or may restrict SUBRECIPIENT's use of both its uncommitted and its unspent
funds. Where HUD has directed or requested CITY to implement a reduction in funding, in whole or as to a
cost category, with respect to funding for this Agreement, CITY's City Manager or delegate is authorized to
act for CITY in implementing and effecting such a reduction and in revising, modifying, or amending the
Agreement for such purposes. If such a reduction in funding occurs, SUBRECIPIENT shall be permitted to
de -scope accordingly. Where CITY has reasonable grounds to question SUBRECIPIENT's Fiscal
accountability, financial soundness, or compliance with this Agreement, CITY may suspend the operation of
this Agreement for up to sixty (60) days upon five (5) days written notice to SUBRECIPIENT of its intention
to so act, pending an audit or other resolution of such questions, hi no event, however, shall any revisions
made by CITY affect expenditures and legally binding commitments made by SUBRECIPIENT before it
received notice of such revision, provided that such amounts have been committed in good faith and are
otherwise allowable and that such commitments are consistent with HUD cash withdrawal guidelines.
XIV. EXCLUSIVITY AND AMENDMENT OF AGREEMENT
This Agreement supersedes any and all other agreements, either oral or in writing, between the
parties hereto with respect to the use of CITY's CDBG funds by SUBRECIPIENT and contains all the
covenants and agreements between the parties with respect to such employment in any manner whatsoever.
Each party to this Agreement acknowledges that no representations, inducements, promises or agreements,
orally or otherwise, have been made by any party, or anyone acting on behalf of any party, wh ch 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
14
The SUBRECIPIENT agrees to comply with the closeout procedures detailed in 2 CFR §200.343,
including the following:
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 funds or received from the Federal government 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.
XVH. 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 terms of this Agreement shall
impair any such right or power or be construed to be a waiver thereof. A waiver by either of the parties
hereto of any of the covenants, conditions, or agreements to be performed by the other shall not be
construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or
agreement herein contained.
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.
15
b. All Exhibits and Attachments referenced herein and attached hereto shall be incorporated as if
fully set forth in the body of this Agreement.
(Signatures on following page)
16
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the last date and year
written below.
ATTEST:
APPROVED AS TO FORM:
SONIAR. CARVALHO
FOR APPROVAL:
STEVEN A. MENDOZA
Executive Director
Community Development Agency
CITY OF SANTA ANA
KRISTINE RIDG
City Manager
SUBRECIPIENT:
2)
Jeff J19 P 'e
Tit President and CEO
Tax ID: 95-1644055
DUNS #: 079543732
17
City of Santa Ana CDBG Scope of Work
Program Year 2019-20 (July 1, 2019 - June 30, 2020)
Name of Organization YMCA
Name of Funded Program YMCA Financial Assistance Program
Annual Accomplishment Goal
I 801TOTAL I
Schedule of Performance
(estimated)
Quarter 1:
JUL 1 - SEP 30
Quarter 2:
OCT 1 - DEC 31
Quarter 3:
JAN 1 - MAR 31
Quarter 4:
APR 1 - JUN 30
Santa Ana
Unduplicated
Program and Funding Description
contract period.
1 801 Low Income Participants 100%
Estimated
Invoicing
$ 7,500.00
$
7,500.00
$
7,500.00
$
7,500.00
$
30,000.00
YMCA of Orange County provides financial assistance to Orange County families that qualify as low
income, very low income, and extremely low income in accordance with the Department of Education
Family Fee Schedule and HUD standards. All participants wishing to receive financial assistance complete
a YMCA Financial Assistance Application which includes the most recent income tax return and/or
documentation of work for all family members. Once qualified, we give up to 100% scholarships for
participants to enroll in our Y programs in Santa Ana. This includes Health and Wellness Programs (youth
and adult soccer leagues, youth soccer club, league and classes, youth swim team, swim lessons (adults
and children), drowning prevention, and swim conditioning, dodgeball leagues, preschool sports (t-ball,
soccer, swim) and other fitness programs for youth at risk of developing unhealthy body composition) and
the Before/After School program at Loma
Vista Elementary School in Santa Ana. The Santa Ana YMCA Sports and Aquatics branch center is open
seven days a week with soccer offered all days, preschool sports once a week, swim team multiple times a
week, and swim lessons and drowning prevention on Saturdays. Loma Vista After School programs are
open weekdays before and after school from 7 am — 6 pm (excluding hours kids are in class), we also offer
tutoring twice a week focusing on reading and math. We also offer full -day programming during summer,
winter and other breaks. The sports and aquatics programs are offered at our 2.5-acre sports and aquatics
center (2100 W Alton Ave, Santa Ana, CA 92704). Swim lessons and drowning prevention are offered in
one of two pools and swim team is offered in our competition pool. All soccer and other sports programs
are offered in our speed soccer
arena. Loma Vista After School is offered in a portable building and in classrooms on the Loma Vista
Elementary School site (13822 Prospect Ave, Santa Ana, CA 92705). The portable building is set up
similar to a classroom and we utilize the playground and open space areas surrounding it to do physical
activities. Santa Ana families (low income/Latino) - Sports and Aquatics serves all ages; Childcare serves
youth ages 6-12
EXHIBIT A
FISCAL YEAR 2019-2020
PROGRAM BUDGET
Organization Name YMCA
Program Name YMCA Financial Assistance Program
EXPENDITURES
Enter budget categories and projected expenditures for the proposed program:
Category
Expenditures
Funded By
Santa Ana
CDBG
Expenditures
Funded By
Other Sources
Program
Budget
Total
Organization
Budget
Administrative Staff Salaries & Benefits
$0
$0
Program Staff Salaries & Benefits
$0
$0
Contractual/Professional Services
$0
$0
Financial Assistance
$30,000
$ 88,122
$118,122
$ 1,326,506
0
$0
$0
0
$0
$0
0
$0
$0
0
$0
$0
0
$0
$0
0
$0
$0
TOTAL Direct Costs
$30,000
$88,122
$118,122
$1,326,500
Indirect Costs 10%
$0
$0
TOTAL BUDGET
$30,000
$88,122
$218,122
$1,326,500
* 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.
I a 3010:7e1 & 0 167
LIST ALL OTHER PROGRAM RESOURCES FOR 2019-2020
Funding Source Total must equal Program Budget Total listed above.
FUNDING SOURCE
AMOUNT
Santa Ana CDBG
$
30,000
Annual Campaign
$
8,000.00
Grant/OtherContributions
$
80,122.00
TOTAL
$
118,122
EXHIBIT B
2019-2020 CDBG BUDGET LINE ITEMS
ADMINISTRATIVE STAFF
Position Title
Annual Salary
& Benefits
CDBG Funds
Requested
Description
PROGRAM STAFF
Annual Salary CDBG Funds
Position Title & Benefits Requested Description
CONTRACTUAL/PROFESSIONAL SERVICES
Type of Service
Contract
Amount
CDBG Funds
Requested
Description
OTHER LINE ITEMS
Line Item
Program
Amount
CDBG Funds
Requested
Description
Financial Assistance
$ 118,122
$ 30,000
EXHIBIT B-1
�1 as
A`� CERTIFICATE OF LIABILITY INSURANCE
OAT12/30/2019 )
12/30/2019
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 have ADDITIONAL INSURED provisions or 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 Bolton & Company
3475 E. Foothill Blvd., Suite 100
Pasadena, CA 91107
tonco.com
w 0008309
CONTACT
PHONE 626 7ss 7000 Ni No: 626 583-2117
E-MAIL
ADDRESS:
INSURER(S)AFFORDING COVERAGE
NAICq
INSURER A: The Hanover American Insurance Company
36064
INSSUREDURED
YMCA of Orange County
13821 Newport Avenue Suite 200
Tustin CA 92780
INSURER B: Quality Comp,Inc.
INSURER C:
INSURER O:
INSURER E :
INSURER F :
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
ADOL
SUER
POLICY NUMBER
MM%DCYY
MM/OD//YEVY
LIMITS
A
r/
COMMERCIAL GENERAL LIABILITY
ZZ3D79134001
1/1/2020
1/1/2021
EACH OCCURRENCE
$1000000
MAGE REN p
PREMISES Ea occurrence
$1 000,000
CLAIMS -MADE OCCUR
V
Includes Sexual Abuse Coverage
MED EXP (Any one person)
$20000
PERSONAL& ADV INJURY
$1 OOO OOO
GEN'L
AGGREGATE LIMIT APPLIES PER:
0PRO-ECT
GENERALAGGREGATE
$2,000,000
PRODUCTS -COMPIOPAGG
$2000,000
POLICY JLOC
$
OTHER:
A
AUTOMOBILELIABILITY
AW3D79131301
1/1 /2020
1/1/2021
COMBINEDtSINGLE LIMIT
$1000,000
/
BODILY INJURY (Per person)
$
OWNEDANYAU
OWNED SCHEDULED
BODILY INJURY (Par accident)
$
AUTOS ONLY AUTOS
HIRED NON N
AUTOS ONLY AUTOSS ONLYLY
PROPERTY DAMAGE
Per accident)
$
A
UMBRELLA LIAB
/
OCCUR
UH3D79134101
1/1/2020
1/1/2021
EACH OCCURRENCE
$1$ Q00 0QQ
AGGREGATE
$15 000 000
EXCESS LIAB
CLAIMS -MADE
DED RETENTION$
$
B
WORKERS COMPENSATION
0150820317
1/1/2020
1/1/2021
PER OTH-
AND EMPLOYERS' LIABILITY YIN
✓ STATUTE ER
E.L. EACH ACCIDENT
$ i,000 QQ0
ANYPROPRIETORIPARTNERrEXECUTVE
OFFICER/MEMBEREXCLUDEDY
NIA
FL DISEASE -EA EMPLOYE
$ 1 00
Mandatory in NH)
0 yes, describe under
E.L. DISEASE -POLICY LIMIT
$1000000
DESCRIPTION OF OPERATIONS below
DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101. Additional Remarks Schedule, may be attached If more space Is required)
GL Additional Insured and Primary & Non -Contributory Wording apply per 42129150615 attached, only if required by written contract/agreement.
GL Cancellation Clause applies per IL00171198 attached.
Re: Operations of the Named Insured, Additional Insured(s): City of Santa Ana.
City of Santa Ana REVIEWED & APPROVED SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
Risk Management Division By Risk MANAGEMENT DIVISION THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
20 Civic Center Plaza ACCORDANCE WITH THE POLICY PROVISIONS.
Santa Ana CA 92702
AUTHORIZED REPRESENTATIVE
Debra Rosas v
@ 1988-2015 ACORD CORPORATION. All rinhfs racarer.d
ACUKU 25 (2U15/U3)
The ACORD name and logo are registered marks of ACORD
53309905 1 20 Master GL AGTO EXCESS PROP/ HC I Gladys Silva 112/30/2019 5:3e:02 PM (PST) I Page 1 of 6
ZZ3D79134001
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
COMMERCIAL GENERAL LIABILITY BROADENING ENDORSEMENT
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
Q1111AM A ov nc rnvee A1vc
1.
Additional Insured by Contract, Agreement or Permit
Included
2.
Additional Insured — Primary and Non -Contributory
Included
3.
Blanket Waiver of Subrogation
Included
4.
Bodily Injury Redefined
Included
5.
Broad Form Property Damage — Borrowed Equipment, Customers Goods & Use of Elevators
Included
6.
Knowledge of Occurrence
Included
7.
Liberalization Clause
Included
8.
Medical Payments — Extended Reporting Period
Included
9.
Newly Acquired or Formed Organizations - Covered until end of policy period
Included
10.
Non -owned Watercraft
51 ft.
11.
Supplementary Payments Increased Limits
Bail Bonds
$2,500
- Loss of Earnings
$1000
12.
Unintentional Failure to Disclose Hazards
Included
13.
Unintentional Failure to Notify
Included
This endorsement amends coverages provided under the Commercial General Liability Coverage Part through
new coverages, higher limits and broader coverage grants.
1. Additional Insured by Contract, Agreement or
(1) "Your work" for the additional insured(s)
Permit
designated in the contract, agreement or
The following is added to SECTION II — WHO IS
permit;
AN INSURED:
(2) Premises you own, rent, lease or occupy;
Additional Insured by Contract, Agreement or
or
Permit
(3) Your maintenance, operation or use of
a. Any person or organization with whom you
equipment leased to you.
agreed in a written contract, written agreement
b. The insurance afforded to such additional
or permit that such person or organization to
insured described above:
add an additional insured on your policy is an
additional insured only with respect to liability
(1) Only applies to the extent permitted by
for "bodily injury", "property damage', or
law; and
"personal and advertising injury' caused, in
(2) Will not be broader than the insurance
whole or in part, by your acts or omissions, or
which you are required by contract,
the acts or omissions of those acting on your
,the
agreement or peffp WCUi4 �i� ED
behalf, but only with respect to:
additional insure y RI,S.k MANAgE�MEEN(tT DivisiON
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(3) Applies on a primary basis if that is
required by the written contract, written
agreement or permit.
(4) Will not be broader than coverage
provided to any other insured.
(5) Does not apply if the "bodily injury",
"property damage" or "personal and
advertising injury" is otherwise excluded
from coverage under this Coverage Part,
including any endorsements thereto.
c. This provision does not apply:
(1) Unless the written contract or written
agreement was executed or permit was
issued prior to the "bodily injury", "property
damage", or "personal injury and
advertising injury'.
(2) To any person or organization included as
an insured by another endorsement
issued by us and made part of this
Coverage Part.
(3) To any lessor of equipment:
(a) After the equipment lease expires; or
(b) If the 'bodily injury", "property
damage", "personal and advertising
injury" arises out of sole negligence of
the lessor
(4) To any:
(a) Owners or other interests from. whom
land has been leased which takes
place after the lease for the land ex-
pires; or
(b) Managers or lessors of premises if:
(i) The occurrence takes place after
you cease to be a tenant in that
premises; or
(ii) The 'bodily injury', "property
damage", "personal injury' or
"advertising injury" arises out of
structural alterations, new con-
struction or demolition operations
performed by or on behalf of the
manager or lessor.
(5) To 'bodily injury", "property damage" or
"personal and advertising injury" arising
out of the rendering of or the failure to
render any professional services.
This exclusion applies even if the claims
against any insured allege negligence or
other wrongdoing in the supervision,
hiring, employment, training or monitoring
of others by that insured, if the
"occurrence" which caused the "bodily
injury" or "property damage" or the offense
which caused the "personal and
advertising injury" involved the rendering
of or failure to render any professional
services by or for you.
d. With respect to the insurance afforded to
these additional insureds, the following is
added to SECTION III — LIMITS OF
INSURANCE:
The most we will pay on behalf of the
additional insured for a covered claim is the
lesser of the amount of insurance:
1. Required by the contract, agreement or
permit described in Paragraph a.; or
2. Available under the applicable Limits of
Insurance shown in the Declarations.
This endorsement shall not increase the
applicable Limits of Insurance shown in the
Declarations.
2. Additional Insured — Primary and Non -
Contributory
The following is added to SECTION IV —
COMMERCIAL GENERAL LIABILITY
CONDITIONS, Paragraph 4. Other insurance:
Additional Insured — Primary and Non -
Contributory
If you agree in a written contract, written
agreement or permit that the insurance provided to
any person or organization included as an
Additional Insured under SECTION II — WHO IS
AN INSURED, is primary and non-contributory,
the following applies:
If other valid and collectible insurance is available
to the Additional Insured for a loss covered under
Coverages A or B of this Coverage Part, our
obligations are limited as follows:
a. Primary Insurance
This insurance is primary to other insurance
that is available to the Additional Insured
which covers the
Additional Insured as a Named Insured. We
will not seek contribution from any other
insurance available to the Additional Insured
except:
(1) For the sole negligence of the Additional
Insured;
(2) When the Additional Insured is an
Additional Insured under another primary
liability policy; or
(3) when b. below applies.
If this insurance is primary, our obligations are
not affected unless any of the other insurance
is also primary. Then, we will share with all
that other insura prWEDINIVjdlROlyiEll
In c. below. By Risk MANAGEMENT DivISiON
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b. Excess Insurance
(1) This insurance is excess over any of the
other insurance, whether primary, excess,
contingent or on any other basis:
(a) That is Fire, Extended Coverage,
Builder's Risk, Installation Risk or
similar coverage for "your work';
(b) That is Fire insurance for premises
rented to the Additional Insured or
temporarily occupied by the Additional
Insured with permission of the owner;
(c) That is insurance purchased by the
Additional Insured to cover the
Additional Insured's liability as a
tenant for "property damage" to
premises rented to the Additional
Insured or temporarily occupied by the
Additional with permission of the
owner; or
(d) If the loss arises out of the
maintenance or use of aircraft, "autos"
or watercraft to the extent not subject
to Exclusion g. of SECTION I —
COVERAGE A — BODILY INURY
AND PROPERTY DAMAGE
LIABILITY.
(2) When this insurance is excess, we will
have no duty under Coverages A or B to
defend the insured against any "suit" if any
other insurer has a duty to defend the
insured against that "suit". If no other
insurer defends, we will undertake to do
so, but we will be entitled to the insured's
rights against all those other insurers.
(3) When this insurance is excess over other
Insurance; we will pay only our share of
the amount of the loss, if any, that
exceeds the sum of:
(a) The total amount that all such other
insurance would pay for the loss in the
absence of this insurance; and
(b) The total of all deductible and self
insured amounts under all that other
insurance.
insurer contributes equal amounts until it has
paid its applicable limit of insurance or none of
the loss remains, whichever comes first. If any
of the other insurance does not permit
contribution by equal shares, we will contribute
by limits. Under this method, each insurer's
share is based on the ratio of its applicable
limit of insurance to the total applicable limits
of insurance of all insurers
3. Blanket Waiver of Subrogation
The following is added to SECTION IV —
COMMERCIAL GENERAL LIABILITY
CONDITIONS, Paragraph 8. Transfer Of Rights
Of Recovery Against Others To Us:
We waive any right of recovery we may have
against any person or organization with whom you
have a written contract that requires such waiver
because of payments we make for damage under
this coverage form. The damage must arise out of
your activities under a written contract with that
person or organization. This waiver applies only to
the extent that subrogation is waived under a
written contract executed prior to the "occurrence'
or offense giving rise to such payments.
4. Bodily Injury Redefined
SECTION V — DEFINITIONS, Definition 3. "bodily
injury" is replaced by the following:
3. "Bodily injury" means bodily injury, sickness or
disease sustained by a person including death
resulting from any of these at any time. "Bodily
injury" includes mental anguish or other
mental injury resulting from "bodily injury".
5. Broad Form Property Damage — Borrowed
Equipment, Customers Goods, Use of
Elevators
a. SECTION I — COVERAGES, COVERAGE A —
BODILIY INJURY AND PROPERTY
DAMAGE LIABILITY, Paragraph 2.
Exclusions subparagraph j. is amended as
follows:
Paragraph (4) does not apply to "property
damage" to borrowed equipment while at a
jobsite and not being used to perform
operations.
We will share the remaining loss, if any, Paragraphs (3), (4) and (6) do not apply to
with any other insurance that is not "property damage" to "customers goods" while
described in this Excess Insurance on your premises nor do they apply to the use
provision and was not bought specifically of elevators at premises you own, rent, lease
to apply in excess of the Limits of or occupy.
Insurance shown in the Declarations of b. The following is added to SECTION V —
this Coverage Part. DEFINITIONS:
c. Method Of Sharing 24. "Customers goods" means property of
If all of the other insurance permits your customer on your premises for the
contribution by equal shares, we will follow this purpose of being: REVIEWED & APPROVED
method also. Under this approach each By Risk MANAgEMENT DivisiON
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a. worked on; or
b. used in your manufacturing process.
c. The insurance afforded under this provision is
excess over any other valid and collectible
property insurance (including deductible)
available to the insured whether primary,
excess, contingent
6. Knowledge of Occurrence
The following is added to SECTION IV —
COMMERCIAL GENERAL LIABILITY
CONDITIONS, Paragraph 2. Duties in the Event
of Occurrence, Offense, Claim or Suit:
e. Notice of an 'occurrence", offense, claim or
"suit' will be considered knowledge of the
insured if reported to an individual named
insured, partner, executive officer or an
"employee" designated by you to give us such
a notice.
7. Liberalization Clause
The following is added to SECTION IV —
COMMERCIAL GENERAL LIABILITY
CONDITIONS:
Liberalization Clause
If we adopt any revision that would broaden the
coverage under this Coverage Form without
additional premium, within 45 days prior to or
during the policy period, the broadened coverage
will immediately apply to this Coverage Part.
8. Medical Payments — Extended Reporting
Period
a. SECTION I —COVERAGES, COVERAGE C —
MEDICAL PAYMENTS, Paragraph 1.
Insuring Agreement, subparagraph a.(3)(b)
is replaced by the following:
(b) The expenses are incurred and reported
to us within three years of the date of the
accident; and
b. This coverage does not apply if COVERAGE
C — MEDICAL PAYMENTS is excluded either
by the provisions of the Coverage Part or by
endorsement.
9. Newly Acquired Or Formed Organizations
SECTION II — WHO IS AN INSURED, Paragraph
3.a. is replaced by the following:
a. Coverage under this provision is afforded until
the end of the policy period.
10. Non -Owned Watercraft
SECTION I — COVERAGES, COVERAGE A
BODILY INJURY AND PROPERTY DAMAGE
LIABILITY, Paragraph 2. Exclusions,
subparagraph g.(2) is replaced by the following:
g. Aircraft, Auto Or Watercraft
(2) A watercraft you do not own that is:
(a) Less than 51 feet long; and
(b) Not being used to carry persons or
property for a charge;
This provision applies to any person who,
with your consent, either uses or is
responsible for the use of a watercraft.
11. Supplementary Payments Increased Limits
SECTION I — SUPPLEMENTARY PAYMENTS
COVERAGES A AND B, Paragraphs 1.b. and
1.d. are replaced by the following:
1.b.Up to $2,500 for cost of bail bonds required
because of accidents or traffic law violations
arising out of the use of any vehicle to which
the Bodily Injury Liability Coverage applies.
We do not have to furnish these bonds.
1A.All reasonable expenses incurred by the
insured at our request to assist us in the
investigation or defense of the claim or "suit',
including actual loss of earnings up to $1000 a
day because of time off from work.
12. Unintentional Failure to Disclose Hazards
The following is added to SECTION IV —
COMMERCIAL GENERAL LIABILITY
CONDITIONS, Paragraph 6. Representations:
We will not disclaim coverage under this Coverage
Part if you fail to disclose all hazards existing as of
the inception date of the policy provided such
failure is not intentional.
13. Unintentional Failure to Notify
The following is added to SECTION IV —
COMMERCIAL GENERAL LIABILITY
CONDITIONS, Paragraph 2. Duties in the Event
of Occurrence, Offense, Claim or Suit:
Your rights afforded under this policy shall not be
prejudiced if you fail to give us notice of an
"occurrence", offense, claim or "suit', solely due to
your reasonable and documented belief that the
"bodily injury" or "property damage" is not covered
under this policy.
ALL OTHER TERMS, CONDITIONS, AND EXCLUSIONS REMAIN UNCFWMEWED& APPROVED
By Risk MANAGEMENT DIVISION
04
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ZZ3D79134001
COMMON POLICY CONDITIONS
All Coverage Parts included in this policy are subject to the following conditions.
A. Cancellation
1. The first Named Insured shown in the Declara-
tions may cancel this policy by mailing or deliv-
ering to us advance written notice of cancella-
tion.
2. We may cancel this policy by mailing or deliver-
ing to the first Named Insured written notice of
cancellation at least:
a. 10 days before the effective date of cancel-
lation if we cancel for nonpayment of premi-
um; or
b. 30 days before the effective date of cancel-
lation if we cancel for any other reason.
3. We will mail or deliver our notice to the first
Named Insured's last mailing address known to
us.
4. Notice of cancellation will state the effective
date of cancellation. The policy period will end
on that date.
5. If this policy is cancelled, we will send the first
Named Insured any premium refund due. If we
cancel, the refund will be pro rata. If the first
Named Insured cancels, the refund may be
less than pro rata. The cancellation will be ef-
fective even if we have not made or offered a
refund.
6. If notice is mailed, proof of mailing will be suffi-
cient proof of notice.
B. Changes
This policy contains all the agreements between
you and us concerning the insurance afforded.
The first Named Insured shown in the Declarations
is authorized to make changes in the terms of this
policy with our consent. This policy's terms can be
amended or waived only by endorsement issued
by us and made a part of this policy.
C. Examination Of Your Books And Records
We may examine and audit your books and rec-
ords as they relate to this policy at any time during
the policy period and up to three years afterward.
D. Inspections And Surveys
1. We have the right to:
a. Make inspections and surveys at any time;
IL 00 17 11 98
b. Give you reports on the conditions we find;
and
c. Recommend changes.
2. We are not obligated to make any inspections,
surveys, reports or recommendations and any
such actions we do undertake relate only to in-
surability and the premiums to be charged. We
do not make safety inspections. We do not un-
dertake to perform the duty of any person or
organization to provide for the health or safety
of workers or the public. And we do not warrant
that conditions:
a. Are safe or healthful; or
b. Comply with laws, regulations, codes or
standards.
3. Paragraphs 1. and 2. of this condition apply not
only to us, but also to any rating, advisory, rate
service or similar organization which makes in-
surance inspections, surveys, reports or rec-
ommendations.
4. Paragraph 2. of this condition does not apply to
any inspections, surveys, reports or recom-
mendations we may make relative to certifica-
tion, under state or municipal statutes, ordi-
nances or regulations, of boilers, pressure ves-
sels or elevators.
E. Premiums
The first Named Insured shown in the Declara-
tions:
1. Is responsible for the payment of all premiums;
and
2. Will be the payee for any return premiums we
pay.
F. Transfer Of Your Rights And Duties Under This
Policy
Your rights and duties under this policy may not be
transferred without our written consent except in
the case of death of an individual named insured.
If you die, your rights and duties will be transferred
to your legal representative but only while acting
within the scope of duties as your legal representa-
tive. Until your legal representative is appointed,
anyone having proper temporary custody of your
property will have your rights and duties but only
with respect to that property.
REVIEWED & APPROVED
By Risk MANAGEMENT DIVISION
IL 00 1711 98 Copyright, Insurance Services Office, Inc., 1998
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