HomeMy WebLinkAboutA-2003-116
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A-2003-116
AGREEMENTBEnNEEN
THE CITY OF SANTA ANA
AND
SANTA ANA UNIFIED SCHOOL DISTRICT
FOR USE OF EMPOWERMENT ZONE FUNDS
This Agreement, made and entered into this ~ day of June. 2003, by and
between the City of Santa Ana, a charter city and municipal corporation duly organized
and existing under the Constitution and laws of the State of Califomia ("CITY"), and Santa
Ana Unified School District ("CONTRACTOR").
Recitals:
1.
2.
W !I~£§§£I!::!
The City of Santa Ana, through the Santa Ana Empowerment Corporation
(SAEC), is the recipient of Empowerment Zone ("FEZ") funds from the
United States Department of Housing and Urban Development ("HUD").
CITY desires to engage CONTRACTOR to provide the services set forth at
the cost set forth in Exhibit A, hereinafter referred to as "said program" and
CONTRACTOR represents that it is qualified and willing to operate said
program.
WHEREFORE, for and in consideration of the respective and mutual
covenants hereinafter contained and made, and subject to all the terms and
conditions hereof, the parties hereby agree as follows:
I.
CONTRACTOR'S OBLIGATIONS
A.
B.
C.
CONTRACTOR agrees to use all federal funds provided by CITY to
CONTRACTOR pursuant to this Agreement to operate said program, as set
forth in "Exhibit A," attached hereto and by this reference incorporated
herein. CONTRACTOR'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 CONTRACTOR
under Paragraph II hereof.
CONTRACTOR agrees to obtain and maintain all required licenses,
registrations, accreditation and inspections from all agencies governing its
operations. CONTRACTOR shall ensure that its staff shall also obtain and
maintain all required licenses, registrations, accreditation and inspections
from all agencies governing CONTRACTOR operations hereunder.
CONTRACTOR 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 CONTRACTOR fail to have the required land
entitlement and/or permits, thus violating any local, state or federal rules and
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regulations relating thereto, CONTRACTOR 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. CONTRACTOR 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. CONTRACTOR 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.
D.
All funds received by CONTRACTOR from CITY pursuant to this Agreement
shall be separately accounted for apart from any other funds of
CONTRACTOR, or of any principal or member of CONTRACTOR.
CONTRACTOR agrees that if CONTRACTOR receives $300,000 or more in
any Federal funds, CONTRACTOR 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
Circular A-133. CONTRACTOR shall provide CITY with a copy of said audit
by October 1 of the year following the program year in which this Agreement
is executed.
E.
CONTRACTOR shall keep records of all funds received from CITY under
the terms and conditions of this Agreement in accordance with the
procedures set forth in the "Agreement Accounting and Administrative
Handbook", a copy of which shall be provided to CONTRACTOR by CITY.
CITY, SAEC and the United State Government and/or their representatives
shall have access for purposes of monitoring, auditing, and examining
CONTRACTOR's activities and performance, to books, documents and
papers, and the right to examine records of CONTRACTOR's
subcontractors, bookkeepers and accountants, employees and participants
in regard to said program. CITY, SAEC and the United States Government
and/or their representatives shall also schedule on-site monitoring at their
discretion. Monitoring activities may also include, but are not limited to,
questioning employees and participants in said program and entering any
premises or any site in which any of the services or activities funded
hereunder are conducted or in which any of the records of CONTRACTOR
are kept. Nothing herein shall be construed to require access to any
privileged or confidential information as set forth in federal or state law.
In the event CONTRACTOR does not make the above-referenced
documents available within the City of Santa Ana, California,
CONTRACTOR 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.
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J.
L.
M.
F.
All accounting records and evidence pertaining to all costs of
CONTRACTOR and all documents related to this Agreement shall be kept
available at the location where CONTRACTOR conducted the program, as
well as in the County of Orange, for the duration of the Agreement and
thereafter for five (5) years after completion of an audit. Records which
relate to (a) complaints, claims, administrative proceedings or litigation
arising out of the performance of this Agreement, or (b) costs and expenses
of this Agreement to which CITY or any other governmental agency takes
exception, shall be retained beyond the five (5) years until resolution or
disposition of such appeals, litigation, claims, or exceptions.
G.
CONTRACTOR 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. CONTRACTOR agrees that it has read, understood and shall
follow the legal obligations referred in Exhibit B.
H.
CONTRACTOR 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
CONTRACTOR shall be reported immediately to CITY.
I.
Subreceipient acknowledges and warrants that it shall at all times comply
with the laws, regulations and policies governing the use of FEZ funds,
including but not limited to, the limitations on use of FEZ funds set forth in
P.L. 106-74 (2000), 24 CFR section 598.215 and Federal Register, April
16,1998.
Without prejudice to any other provisions of this Agreement, CONTRACTOR
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, CONTRACTOR shall submit to CITY,
SAEC and or HUD or its representatives, all records requested, including
audit, examinations, monitoring and verifications of reports submitted by
CONTRACTOR, costs incurred and services rendered hereunder.
K.
CONTRACTOR agrees that the performance of obligations hereunder are
rendered in its capacity as an independent contractor and that it is in no way
an agency of CITY.
CONTRACTOR agrees that if CONTRACTOR violates any of the terms and
conditions of this Agreement or any prior agreement whereby FEZ funds
were received by CONTRACTOR, or if CONTRACTOR reports inaccurately,
or if on audit there is a disallowance of certain expenditures, CONTRACTOR
agrees to remedy the acts or omissions causing the disallowance or repay
CITY all amounts spent in violation thereof.
CONTRACTOR agrees to maintain a record for each item of non-
expendable personal property acquired under the terms of this Agreement.
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N.
O.
Said record shall be made available to CITY upon request. The term "non-
expendable personal property" shall include leased and purchased
equipment.
CONTRACTOR hereby certifies and agrees that it will not use funds
provided through this Agreement to pay for entertainment, meals or gifts.
CONTRACTOR certifies 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. CONTRACTOR
shall sign a certification to that effect in a form as set forth in "Exhibit C,"
attached hereto and by this reference incorporated herein. CONTRACTOR
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 CONTRACTOR 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.
P.
CONTRACTOR agrees that except for the use of FEZ funds to pay salaries
and other related administrative or personnel costs, no persons who
exercise or have exercised any function with respect to FEZ activities
assisted under the terms of this Agreement, or who are in a position to
participate in a decision-making process or gain inside information with
regard to such activities, may obtain a financial interest or benefit from a
FEZ-assisted activity of CONTRACTOR, either for themselves or those with
whom they have family or business ties, during their tenure or for one year
thereafter. This prohibition applies to any person who is an employee,
agent, consultant, officer, or elected or appointed official of CITY, or of any
designated public agencies, or the CONTRACTOR.
Q.
CONTRACTOR acknowledges and warrants that prior to having any
contractor perform work paid for by FEZ funds, that it shall be responsible
(i) for providing such contractor with a copy of this Agreement, and (ii)
ensuring that any such contractor executes and provides to the Executive
Director of the Community Development Agency a letter in substantially
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the form of Exhibit 0 hereto, agreeing to be bound by the terms of this
Agreement.
R. CONTRACTOR 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.
II.
CITY'S OBLIGATIONS
Upon execution of this Agreement by CONTRACTOR, CITY shall pay to
CONTRACTOR from FEZ funds, when, if and to the extent received from HUD, for
CITY's 2003-04 FEZ program year amounts expended by CONTRACTOR in
carrying out said program for fiscal year 2003-04 pursuant to this Agreement up to
a maximum aggregate payment of Fifteen Thousand Dollars ($15,000.00) for
CONTRACTOR'S performance in accordance with the payment schedule attached
hereto as "Exhibit A". Payments shall be made to CONTRACTOR through the
submission of periodic invoices, in a form prescribed by CITY, detailing such
expenses. CONTRACTOR agrees to submit the above-stated document to the
FEZ Navigator Office, 1000 E. Santa Ana Blvd., Suite 200, Santa Ana, CA 92701.
CITY shall pay such invoices within thirty (30) days after receipt thereof provided
CITY is satisfied that such expenses have been incurred within the scope of this
Agreement and that CONTRACTOR is in compliance with the terms and conditions
of this Agreement.
CITY has the right to de-obligate the funds hereunder and take such funding
back from CONTRACTOR due to any of the following reasons: (a) lack of
performance by CONTRACTOR; (b) lack of fiscal accountability of
CONTRACTOR; or (c) decrease in available funding.
III.
PROGRAM INCOME
A.
For the purposes of this Article (III) "Program income," shall mean gross
income received by the CONTRACTOR directly generated from the use of
FEZ funds, except as provided below in Paragraph III.C. When such income
is generated by an activity that is only partially assisted with FEZ funds, the
income shall be prorated to reflect the percentage of FEZ funds used.
B.
Program income includes, but is not limited to the following:
1.
Proceeds from the disposition by sale or long term lease of real
property purchased or improved with FEZ funds;
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2.
C.
D.
E.
3.
Proceeds from the disposition of equipment purchased with FEZ
funds.
Gross income from the use or rental of real or personal property
acquired by the CONTRACTOR with FEZ funds, less the costs
incidental to the generation of such income;
Gross income from the use or rental of real property owned by the
CONTRACTOR that was constructed or improved with FEZ funds,
less the costs incidental to the generation of such income;
Payments of principal and interest on loans made using FEZ funds;
Proceeds from the sale of loans made with FEZ funds;
Proceeds from the sale of obligations secured by loans made with
FEZ funds;
Interest earned on funds held in a revolving fund account;
Funds collected through special assessments made against
properties owned and occupied by households not of low and
moderate income, where such assessments are used to recover all
or part of the FEZ portion of a public improvement.
4.
5.
6.
7.
8.
9.
Program income does not include income on grant advances from the U.S.
Treasury. The following items of income earned on grant advances must be
remitted to HUD for transmittal to the U.S. Treasury.
1.
Interest earned from the investment of the initial proceeds of a grant
advance by the U.S. Treasury;
2.
Interest earned on loans or other forms of assistance provided with
FEZ funds that are used for activities determined by HUD either to be
ineligible or to fail to meet a national objective or other federal criteria.
3.
Interest earned on the investment of amounts reimbursed to the FEZ
program account prior to the use of the reimbursed funds for eligible
purposes.
The receipt of program income (as defined in Paragraph iliA hereinabove)
by CONTRACTOR in the operation of said program shall be recorded by
CONTRACTOR and reported to CITY.
Program income received by CONTRACTOR shall be returned to CITY
unless otherwise provided for in this Agreement.
IV.
NONDISCRIMINATION
CONTRACTOR agrees that no person on the ground of race, color, national origin,
religion or sex will be excluded from participation in, be denied the benefits of, or be
subjected to discrimination under any program or activity funded in whole or in part
with FEZ funds.
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V.
SPECIAL CERTIFICATION FOR RELIGIOUS ENTITIES
If CONTRACTOR is a religious entity, CONTRACTOR hereby agrees that in
connection with the provision of the services CONTRACTOR shall provide with
FEZ funds:
A.
VI.
CONTRACTOR 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.
CONTRACTOR shall not discriminate against any person applying for the
services CONTRACTOR 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.
CONTRACTOR 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.
D.
Where the services to be provided under said program are rendered on
property owned by the primarily religious entity CONTRACTOR, FEZ 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 FEZ
expenditure for rendering the services under said program.
PROHIBITION OF NEPOTISM
CONTRACTOR 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 CONTRACTOR. 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, step-parent 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:
Santa Ana WORK Center
WORK Center Director
1000 E. Santa Ana Blvd., Suite 200
Santa Ana, California 92701
Telefacsimile (714) 565-2602
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And,
CLERK:
Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 82702-1988
Telefacsimile (714) 647-6956
And,
TO CONTRACTOR:
Santa Ana Unified School District
ROP Ritchey Center, Secondary Enrichment Program
1815 S. Ritchey Street, Bldg. 1-A
Santa Ana, CA 92705
Telefacsimile (714) 566-8496
VIII.
ASSIGNABILITY
CONTRACTOR shall not assign nor transfer any interest in this Agreement,
whether by assignment or novation, without the prior written consent of CITY;
provided, however, that claims for money due or to become due CONTRACTOR
from CITY under this Agreement may be assigned to a bank, trust company or
other financial institution, or to a trustee in bankruptcy, without such approval.
Notice of any such assignment or transfer shall be promptly furnished to CITY.
IX.
HOLD HARMLESS
CONTRACTOR shall indemnify and save harmless CITY, its officers, employees,
agents, representatives and volunteers from and against any and all damages to or
for loss of use of property and for injuries to or death of any person or persons,
including property and employees or agents of CITY, and shall defend, indemnify
and save harmless CITY, its officers, employees, agents, representatives and
volunteers from and against any and all claims, demands, suits, actions or
proceedings of any kind or nature, including, but not by way of limitation, workers
compensation claims and including attorney fees and reasonable expenses for
litigation or settlement, resulting from or arising out of the negligent or wrongful
acts, errors or omissions of CONTRACTOR, its officers, directors, employees,
agents, subcontractors and suppliers arising out of CONTRACTOR's performance
of this Agreement.
X. INSURANCE
CONTRACTOR shall obtain and maintain for the entire term of this Agreement
comprehensive general public liability insurance, in companies acceptable to the
City, authorized to issue such insurance in the State of California. Said
insurance shall consist of the following:
A.
Commercial General Liability. CONTRACTOR agrees to obtain and keep
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in force during the term of this Agreement a policy of comprehensive
commercial public liability insurance insuring the State of California, CITY,
and CONTRACTOR 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 public liability insurance shall
be endorsed to provide to CITY and to the State of California, Employment
Development Department, at least thirty (30) days written notice prior to
cancellation; name CITY, its officers, agents, employees, and volunteers,
and the State of California, its officers, employees, and volunteers as
additional insureds; and state that such coverage is primary to any other
coverage or self-insurance of the State of California and CITY.
Governmental entities may substitute a certificate of self-insurance.
B.
Automobile Liability Coveraae. CONTRACTOR 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 CONTRACTOR employees or participants in performance of this
Agreement, or, in the event that CITY 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,
CONTRACTOR shall secure and maintain on file from all such employees,
participants, or agents as self-certification of automobile insurance
coverage. Governmental entities may substitute a certificate of self-
insurance.
C.
Workers' Compensation. If CONTRACTOR 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.,
CONTRACTOR 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.
CONTRACTOR shall carry medical and accident insurance for those
participants not qualifying as "employees" for Worker's Compensation
Coverage, pursuant to California Labor Code Section 3350, et seq.
D.
Eauipment Coveraae. CONTRACTOR shall purchase a policy or policies
of insurance covering loss or damage to any and all Equipment provided
to or purchased by CONTRACTOR 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.
E.
Proof of Insurance. Certificates and endorsements (Exhibit F) must be
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XI.
submitted and approved by CITY prior to any work under this Agreement.
CONTRACTOR understands that CITY will make no payments under this
Agreement until the required certificates and endorsements have been
approved by CITY.
REVERSION OF ASSETS
A.
Upon the expiration of this Agreement, CONTRACTOR shall transfer to
CITY any FEZ funds on hand at the time of the expiration of this Agreement
as well as any accounts receivable attributable to the use of FEZ funds.
B.
Any real property under CONTRACTOR's control that was acquired or
improved in whole or in part with FEZ 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 under federal law 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,
CONTRACTOR 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-FEZ funds for acquisition of, or
improvement to, the property. Such payment is program income to
CITY.
C.
Subject to the obligations set forth herein, title to equipment acquired under
the terms of this Agreement will vest upon acquisition in CONTRACTOR.
When said equipment which has been acquired in accordance with this
Agreement and all applicable regulations is no longer needed for said
program, disposition of said equipment will be made as follows:
1.
Items of equipment with a current per unit fair market value of less
than $5,000.00 may be retained, sold or otherwise disposed of with
no further obligation to CITY.
2.
Items of equipment with a current fair market per unit value of
$5,000.00 or more may be retained or sold and CITY shall have the
right to an amount calculated by multiplying the current market value
or proceeds from the sale by CITY's share of federal funds used to
acquire the equipment.
D.
CONTRACTOR 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
Page 10 of 14
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 CONTRACTOR's right, title and interest (if any it
may have) in and to CITY, SAEC, FEZ 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
CONTRACTOR on behalf of CITY, in furtherance of the activities hereunder
or thereof.
CONTRACTOR's obligations and responsibilities set forth in this paragraph
"XI. REVERSION OF ASSETS," and in paragraphs "XII. TERMINATION"
and "III. 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.
XII.
TERMINATION
A.
This Agreement may be terminated on thirty (30) days' written notice by
either party. In the event of such termination, CONTRACTOR shall only be
entitled to reimbursement for approved expenses incurred prior 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 CONTRACTOR of the terms and
conditions of the this Agreement or applicable State or Federal
requirements. In the event of such suspension or termination,
CONTRACTOR shall only be entitled to reimbursement for approved
expenses incurred up to the effective date of suspension or termination.
C.
In the event CONTRACTOR 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 CONTRACTOR, 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, 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
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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 by CITY to CONTRACTOR pursuant to this Agreement
may be terminated for convenience upon two weeks written notice to
CONTRACTOR.
E.
In the event this Agreement is terminated as set forth in subparagraphs
XIIA through XII.D., inclusive, CONTRACTOR agrees to immediately return
to CITY upon CITY's demand and prior to any adjudication of
CONTRACTOR's rights, any and all funds not used, and to comply with
paragraph "XI. REVERSION OF ASSETS" of this Agreement.
XIII.
LIMITATION OF FUNDS
The United States of America, through HUD, may in the future place programmatic
or fiscal limitations on the use of FEZ 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
CONTRACTOR's authority to commit and spend funds, or may restrict
CONTRACTOR'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 Executive
Director 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. Where CITY has reasonable grounds to question CONTRACTOR'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 CONTRACTOR 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
CONTRACTOR 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 FEZ funds by
CONTRACTOR and contains all the covenants and agreements between the
parties with respect to such employment in any manner whatsoever. Each party to
this Agreement acknowledges that no representations, inducements, promises or
agreements, orally or otherwise, have been made by any party, or anyone acting
on behalf of any party, which are not embodied herein, and that no other
agreement or amendment hereto shall be effective unless executed in writing and
signed by both CITY and CONTRACTOR.
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xv.
LAWS GOVERNING THIS AGREEMENT
This Agreement shall be governed by and construed in accordance with the laws of
the State of California, and all applicable federal laws and regulations.
XVI. VALIDITY
The invalidity in whole or in part of any provision of this Agreement shall not void or
affect the validity of any other provision of this Agreement.
Page 13 of 14
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of
the last date and year written below.
DATED:
3-/0,6 l/
ATTEST:
~O~ ~~4°
i()l' PATRICIA E. HEALY
Clerk of the Council
DATED:
~/2J/ cJ ~'
I I
RECOMMENDED FOR APPROVAL
JOØfeekstin, Executive Director
Community Development Agency
CITY OF SANTA ANA, a municipal
Corporation the State of California
dJa"
David N. Ream
City Manager
APPROVED AS TO FORM:
/iÞ'- ~
J. B~NJAMIN KAUFMAN
City General Counsel
Santa Ana Unified School District
~ ~œb~
Business Services
Federal Tax 10:
Page 14 of 14
EXHIBIT A
SUMMER 2003
PROGRAM OVERVIEW
The Camp Success 2003 program will be a one-day activity on Saturday, July 12, 2003, rather
than the one-week pre-work fonnat initiated in Summer 2001 that supplanted the previous
Saturday-based program fonnat in use for the previous eight summers. The focus will remain the
provision of pre-employment skills training and post-secondary career planning activities to the
320 participants aged 14 - 21 in the Santa Ana Summer Youth Employment Program. The
program will be funded this year by City of Santa Ana Federal Empowennent Zone (FEZ) funds.
The one-day program will take place at Century High School which was selected based on
criteria including easy accessibility for students, adequate classroom space, ample lunch area and
the availability of necessary equipment and facilities.
The basic goal of Camp Success is to assist disadvantaged youth in overcoming obstacles
towards high school graduation and success in higher education while preparing themselves for
entry into the world of work. Camp Success 2003 will provide the workshops designed to
support the Summer Youth Program; e.g., labor market orientation and a new feature which will
be presented by Pacific Institute staff on goal setting. Other goals highlight:
. developing the interpersonal skills needed to work effectively with people
from other backgrounds, cultures and generations; and,
. helping students to see themselves as successful, positive and contributing
members of the local Santa Ana community.
The Camp Success 2003 program hours will be 8:00 a.m. to 4:00 p.m. The tentative schedule
that follows indicates the specific topics to be covered during the Camp Success workshops by
the Santa Ana Unified staff. With the "flip-flop" design of the schedule, the Pacific Institute
staff will provide the other portion of the day's activities in the auditorium at Century. Based on
the very positive reception during the past five summers, a "planner" will be given to
participants. The core curriculum has been developed around several resource documents
including:
. CAREER PREPARATION PAMPHLETS; Steck-Vaughan Co.
. THE JOB HUNTING HANDBOOK: Job Outlook to 2005; Dahlstrom & Company
PLANNING FOR YOUR FUTURE; Los Angeles Times
. ME & JOBS; Educational Designs, Inc.
. ME & HIGH SCHOOL; Educational Designs, Inc.
. CAREER CHOICES & LIFE STRATEGIES; Academic Innovations
. LIFESTYLE MATH, YOUR FINANCUAL PLANNING PORTFOLIO Academic Innovations
PREPARATION & PLANNING; ARCO Companies
. JOB SEARCH/JOB Survival; Educational Design, Inc.
. AlTITUDES IN EVERYDAY LIVING; Educational Design, Inc.
Program Evaluation & Assessment
With the abbreviated one-day format, the use of pre and post testing to assess the students'
knowledge of the various topics covered during Camp Success will not be utilized for the
Summer 2003 program.
Instructional Staff
The instructional staff, consisting of a core group of teachers from Santa Ana Unified School
District, will be selected using an open selection process. Criteria used to select teachers will
include but not be limited to:
. past Camp Success instruction;
. intermediate/high school instructional experience; and,
. experience working with at-risk students.
In order to more directly involve the City of Santa Ana caseworkers with the students and
teachers, they will serve as teaching assistants with defined roles to assist both the SAUSD
instructors and Pacific Institute facilitators during the delivery of curriculum, special sessions and
large group presentations. This will enable the caseworkers to observe their student clients in a
classroom situation as well as at their work sites. Caseworkers will also be utilized in the office
to assist with attendance procedures and to help with lunch and snack break supervision duties.
Budget
Eight-hour Program Serving 300-325 Participants (July 12, 2003 @ Century H.S.)
I. Certified salaries
Teacher Salaries (7 @ 8 hrs ea @ $58.00/hr)
Teacher Orientation (14 hrs @ $58.00/hr)
Program Operation. (6 days @ $350/day)
Suo. Ser. Dir. Ser.
Total
810..
1,750......
3,250.. .. 3,250
...0.... .. ......810
.. 350............ 2,100
6,160
II. Classified salaries
Plant Custodian (12 hrs @ $25.25/hr)
Custodial (10 hrs @ $23.25/hr)
Security (18 hrs @ $24.50/hr)
310......
230..
440..
.0...
.0...
.0...
..310
..230
..440
980
III. Employee Benefits (Medical/Dental, Disability,
OASDL PERS, STRS, etc.)
330..
.350................680
2
IV. Books, Office Supplies, Etc.
Instructional supplies; Student Performance
Incentives (325 @ $2.50 ea), Student materials
(325 @ $8 ea) & Teacher materials (8 @ $8 ea)
3,480..
.. 3,480
V. Contracted Services & Other Operating Expenses
Lunch, Snacks & Beverages (345 @$7. 75 ea)
Consultant; DJ for lunch
2,680..........2,680
500.............500
3,180
TOTAL
~
3
7:45-8:00
8:00-8:25
8:25-8:30
8:30-8:45
8:45-9: 10
9:10-9:30
9:30-9:50
9:50-10:10
10:10-10:40
10:40-11:00
11:00-11:25
11:25-11:30
11:30-12:25
12:25-12:45
12:45-12:50
12:50-1:05
1:05-1:30
1:30-1 :50
1:50-2: 10
2: 10-2:30
2:30-2:50
2:50-3: 10
3: 10-3:40
3:40-3:45
3:45--4:00
Summer 2003
Tentative Schedule for Saturday, July 12th
Take materials to your classroom & return to the Stramp area
Assist with supervision, student room assignments, etc., during Pacific
Institute's opening remarks in the Stramp area
Passing period to assigned classroom or TCC (Pacific Institute program)
Class introductions, review Camp Success rules, take attendance
Explain and administer Career Game occupational exploration materials
Score Career Game, discuss results and relate to Redhot Jobs booklet
Read/review the interview packet materials & plan/prepare to conduct mock
interviews in your classroom after the break
Break in the Stramp Area (please help with supervision)
Complete mock interviews with focus on speaking/dressing for success
Distribute the Student Planners & conduct the short lesson on planning
Read/review materials on job injuries, workmen's comp & health rights
Wrap-up, remind students they go to the TCC after lunch and send them to
lunch with their materials
Lunch; please assist with serving & supervision-thanks!
Interval House presentation in the Stramp area
Passing period to assigned classroom or TCC (Pacific Institute program)
Class introductions, review Camp Success rules, take attendance
Explain and administer Caree/" Game occupational exploration materials
Score Career Game, discuss results and relate to Redhot Jobs booklet
Read/review the interview packet materials & plan/prepare to conduct mock
interviews in your classroom after the break
Break in the Stramp Area (please help with supervision)
Complete mock interviews with focus on speaking/dressing for success
Distribute the Student Planners & conduct the short lesson on planning
Read/review materials onjob injuries, workmen's comp & health rights
Wrap-up & send students with their materials to the Stramp area
Closing remarks by Pacific Institute & W/O/R/K Center staff in Stramp area
4
4:00-4:15
C10se rooms and return excess materials to the IMC (library)
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5
SUBRECIPIENT warrants the following:
I. SUBRECIPIENT will comply with Public Law 88-352, title VI of the Civil Rights Act of
1964 (42 U.S.C. §2000 ET SEQ.) and implementing regulations in 24 CFR Part I.
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 on the locality as determined in accordance
with the Davis-Bacon Act, as amended, 40 U.S.C. § §276a-276a-5, except for individuals who perform
services for which they volunteered; do not receive compensation for such services; or are paid expenses,
reasonable benefits, or a nominal fee for such services; and are not otherwise employed at any time in
construction work.
4. SUBRECIPIENT will comply with all Federal statutes applicable to projects funded with community
development funds, except that (a) SUBRECIPIENT does not assume CITY's environmental responsibilities
described at 24 CFR 570.604; and (b) SUBRECIPIENT docs not assume CITY's responsibility for initiating
the review process under Executive Order 12372.
Exhibit B
2}
3}
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 funds have been paid or will be paid, by or 'on behalf
of the undersigned, to any person for influencing or attempting to influence
an officer or employee of an agency, a Member of Congress, an 9fficer or
employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any Federal contracts, the making of any
Federal grant, the making of any Federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal,
amendment or modification of any Federal contract, grant, loan or
cooperative 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 Standard Form - LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions. .
The undersigned shall require that the language of this certification be
included in the award documents for all subawards at all tiers (including
agreeménts) 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
31 U.S.C. 1352. 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 that $100,000 for
each such failure.
Senta Ana Unified School District
FEZ Camp Success
DISCLOSURE OF LOBBYING ACTIVITIES
Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352
(See reverse for public burden disclosure.)
Approved by OMB
0348-0046
1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type:
0 a. contract 0 a. bid/offer/application 0 a. initial filing
b. grant b. initial award b. material change
c. cooperative agreement c. post-award For Material Change Only:
d.loan year- quarter-
e. loan guarantee date of last report
f. loan insurance
4. Name and Address of Reporting Entity: 5. If Reporting Entity in No.4 is a Subawardee, Enter Name and Address
0 Prime 0 Subawardee of Prime:
Tier -' if known:
Congressional District. if known: Congressional District. if known:
6. Federal Department/Agency: 7. Federal Program Name/Description:
CFDA Number, if applicable:
..
8. Federal Action Number, if known: 9. Award Amount, if known:
$
10. a. Name and Address of Lobbying b. Individuals Performing Services ( including address
Entity if different from No. lOa)
( ff individual, last name, first name, MI): (last name, first name. MI):
(attach Continuation Sheet(s) SF-LLLA, ff necessary)
11. Amount of Payment ( check all that apply): 13. Type of Payment (check all that appiy):
$ 0 actual 0 planned 0 a. retainer
0 b. one.time fee
0 c. commission
12. Form of Payment ( check all that apply): 0 d. contingent fee
0 a. cash 0 e. deferred
0 b. in-kind; specify: nature 0 f. other; specify:
value
14. Brief Description of Services Performed or to be Performed and Date(s) of Service, Including
officer(s), employee(s), or Member(s) contacted, for Payment Indicated in Item 11:
(attach Continuation Sheet(s) SF-LLLA, if necessary)
15. Continuation Sheet(s) SF-LLLA attached: 0 Yes 0 No
16. Signature:
Information requested through this form is authorized by titie 31 Print Name:
U.S.C. section Titie:
1352. This disclosure of lobbying activities is a material Telephone No.: Date:
representation of fact
upon which reliance was placed by the tier above when this
transaction was made
or entered into. This disclosure is required pursuant to 31 U.S.C.
1352. This
information will be reported to the Congress semi-annually and
will be available for
public inspection. Any person who fails to file the required
disclosure shall be
subject to a civil penalty of not less that $10,000 and not more
than $100.000 for
each such failure.
10
Federal Use Only:
Authorized for Local Reproduction
Standard Form LLL (Rev. 7-97)
INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES
This disciosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt of a covered
Federal action, or a materiai change to a previous filing, pursuant to title 31 U.S.C. section 1352. The filing of a form is required for each payment or
agreementto make payment to any lobbying entity for infiuencing or attempting to infiuence an officer or employeeof any agency, a Member of
Congress. an officer or employeeof Congress, or an employeeof a Memberof Congress In connection with a coveredFederal action. Use the SF-LLLA
ContinuationSheet for additional information if the space on the form is inadequate. Complete ali items that apply for both the initial filing and material
change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information.
1.
Identify the type of covered Federal action for which lobbying activity is andlor has been secured to Infiuence the outcome of a covered Federai
action.
2.
Identify the status of the covered Federal action.
3.
Identify the appropriate classification of this report. If this is a followup report caused by a material change to the information previously reported,
enterthe year and quarter in which the change occurred. Enter the date of the last previously submitted report by this reporting entity for this
covered Federalaction.
4.
Enter the full name, address, city, State and zip code of the reporting entity. Inciude Congressional District. ~ known. Check the
appropriateclassification of the reporting entity that designates if it is, or expects to be. a prime or subaward recipient. Identify the tier of the
subawardee.e.g., the first subawardee of the prime is the 1st tier. Subawards include but are not limited to subcontracts, subgrants and contract
awards under grants.
5.
If the organization filing the report in item 4 checks "Subawardee," then enter the full name. address, city. State and zip code of the prime
Federalrecipient. Inciude Congressional District, if known.
6.
Enter the name of the Federai agency making the award or ioan commitment. Include at least one organizationallevel below agency name, if
known. For exampie, Department of Transportation, United States Coast Guard.
Enter the Federai program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic
Assistance (CFDA) number for grants, cooperative agreements, loans, and loan commitments.
7.
B.
Enter the most appropriate Federal identifying number available for the Federai action identified in item 1 (e.g., Request for Proposal (RFP)
number; Inv.ation for Bid (IFB) number; grant announcement number; the contract, grant, or loan award number; the application/proposai controi
number assigned by the Federal agency). Include prefixes, e.g., "RFP-DE-90-001."
9.
For a covered Federal action where there has been an award or loan commitment by the Federai agency, enler the Federal amount of the
awardlloancommitmenl for the prime entity identified in item 4 or 5.
10. (a) Enter the full name, address, city, State and zip code of the iobbying entity engaged by the reporting entity identified in item 4 to infiuence the
covered Federal action.
b) Enter the full names of the individuai(s) performing services, and include full address if different from 10 (a). Enter Last Name, First Name, and
Middle Initial (MI).
11. Enter the amount of compensation paid or reasonabiyexpectedto be paid by the reporting entity (item 4) to the lobbying entity (item 10). Indicate
whether the payment has been made (actual) or will be made (planned). Check all boxes that appiy. If this is a material change report, enter the
cumulative amount of payment made or planned to be made.
12. Check the appropriatebox(es). Check all boxes that apply. If paymentis made through an in-kind contribution, specify the nature and value of the in-
kind payment.
13. Check the appropriate bðx(es). Check all boxes that apply. If other, specify nature.
14. Provide a specific and detaileddescrlption of the services that the lobbyist has performed. or will be expectedto perform, and the date(s) of any
services rendered. Include all preparatory and related activity, not just time spent in actual contact with Federai officials. Identify the Federal
official(s) oremployee(s) contacted or the officer(s), employee(s), or Member(s) of Congress that were contacted.
15. Check whether or not a SF-LLLA Continuation Sheet(s) is attached.
16. The certifying officiai shall sign and date the form, print his/her name, titie, and teiephone number.
11
According to the PaperworkReduction Act, as amended,no persons are required to respond to a coilection of information uniess it displays a valid
OMB Control Number. The valid OMB control number for this information coilection is OMB No. 0348-0046. Public reporting burden for this
coilection of information is estimated to average 30 minutes per response, including time for reviewing instructions. searching existing data
sources, gathering and maintaining the data needed. and completing and reviewing the coilection of information. Send comments regarding the
burden estimate or any other aspect of this coilection of information. including suggestions for reducing this burden, to the Office of
Managementand Budget. Paperwork Reduction Project (0348-0046), Washington, DC 20503.
12
ACKNOWLEDGEMENT OF
SUBRECIPIENT AGREEMENT
To:
John P. Reekstin
Executive Director
Santa Ana Empowelment Corporation
From: Subcontractor/Assignee
Subcontractor/Assignee hereby stipulates that it has been provided with a copy, has read,
and is familiar with all of the telms of SUB RECIPIENT's Agreement with the Santa Ana
Empowelment Corporation.
Subcontractor/Assignee further agrees to be bound to all of the telms and provisions of
SUB RECIPIENT's Agreement with the Santa Ana Empowelment Corporation.
BY:
,jßV 'to
Exhibit D
Exhibit E
Certification Reqardinq Druq-Free Workclace 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 làter
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)
(b)
(c)
(d)
(e)
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;
Establishing a drug-free awareness program to inform employees about -
(1 )
(2)
(3)
(4)
The dangers of drug abuse in the workplace;
The contractor's policy of maintaining a drug-free workplace;
Any available drug counseling, rehabilitation, and employee assistance
program; and
the penalties that may be imposed upon employees for drug abuse
violations occurring in the workplace;
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);
Notifying the employee in the statement required by paragraph (a) that, as a
condition of employment under the contract, the employee will -
(1 )
(2)
Abide by the terms of the statement; and
Notify the employer of any criminal drug statute conviction for a violation
occurring in the workplace no later than five days after such conviction.
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;
Pg.2
(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 )
(2)
Taking appropriate personnel action against such an employee, up to and
including termination; or
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
SDUabtmedit:t;ng ~ "~t "ì:~"f"m,"'" '("\ 0 n.~ -.
cÞf4~(ð~. ~a~~
Donald A. Stabler, Ed.D.
Business Services
DIVISION OF EMPLOYMENT SERVICES
PLACE OF PERFORMANCE
FOR CERTIFICATION REGARDING DRUG-FREE WORKPLACE REQUIREMENTS
Name:
Tony Dalessi
Name of Contractor:
Santa Ana Unified School Distrièt
Contractor 'Number:
A 2C03-116
Date:
June 16, 2003
The Contractor shall insert in the space provided below the site(s) expected
to be used for the performance of work under the contract convered by the
certification:
Place of Performance (include street address, city, county, state, zip code
for each site):
Century High School
Sbnta Ana CA
EXHIBIT F
ADDITIONAL INSURED ENDORSEMENT
FOR COMMERCIAL GENERAL LIABILITY POLICY
Insurance Company
This endorsement modifies such insurance as is afforded by the provisions of Policy
# relating to the following:
I. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California
92701; its officers, employees, agents, volunteers and representatives 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 ofliability. 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 to 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.
(Completion of the following, including countersignature, is required to make this
endorsement effective.)
Effective
Policy #
Issued to
, this endorsement form as a part of
Named Insured
Countersigned by
Authorized Representative