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HomeMy WebLinkAboutCAMBODIAN FAMILY, THE 4AGREEMENT TERMINATION Please complete this form when the attached agreement is no longer in effect. Return form to the Sr. Deputy Clerk of the Council (M -30). Call 647 -5238 if you have any questions_ The agreement with (,Cv'7lf,c�rLS was completed on_q{ 0 OS and final payment has been made_ Department: Signature: Date: CZ005 City of Santa Ana Revised 8 -7 -03 Clerk of the Council 0 INSURANCE ON FILE WORK MAY PROCEED UNTIL INSURANCE EXPIRES 431 . 1-4•-x5 CLERK OF COUNCIL AGREEMENT BETWEEN THE CITY OF SANTA ANA AND DATE: THE CAMBODIAN FAMIILY FOR USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS A- 2004 - 087 -09 8/04 a 14- LC -1Juo) This Agreement, is hereby made and entered into this 3rd day of May, 2004, by and between the City of Santa Ana, a charter city and municipal corporation of the State of California ( "CITY ") and The Cambodian Family, a California nonprofit corporation ( "SUBRECIPIENT "). WITNESSETH Recitals: A. The CITY, as an entitlement recipient and grantee of the United States Department of Housing and Urban Development ( "HUD ") Community Development Block Grant ( "CDBG') Program, desires to enter this Agreement with the SUBRECIPIENT for the expenditure of CDBG funds in accordance with Title 24, Part 570 of Code of Federal Regulations 24 CFR 570.000, et seq. ( "CDBG REGS "); and B. CITY has applied for and received CDBG funds from HUD pursuant to Title I of the Housing and Community Development Act of 1974, Public Law 93 -383, as amended ( "ACT "); and C. The SUBRECIPIENT is a private nonprofit agency that has been selected by the CITY to receive CDBG 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 meet one or more of the CDBG program's National Objectives (24 CFR Part 570.208). D. The CITY and SUBRECIPIENT have duly executed this Agreement for the expenditure of such funds; and WHEREFORE, it is agreed by and between the parties that the foregoing Recitals are a substantive part of this Agreement and the following terms and conditions are approved and together with all exhibits and attachments hereto, shall constitute the entire Agreement between the CITY and SUBRECIPIENT: I. SUBRECIPIENT'S OBLIGATIONS A. Non -Profit Status - Representations and Warranties (a) Authority. SUBRECIPIENT is a duly organized and existing non -profit corporation in good standing and authorized to do business under the laws of the State of California. SUBRECIPIENT has full right, power and lawful authority to accept the funding hereunder and to undertake all obligations as provided herein and the execution, performance and delivery of 1 8/04 this Agreement by SUBRECIPIENT has been fully authorized by all requisite actions on the part of SUBRECIPIENT. (b) Experience. SUBRECIPIENT is a qualified provider of the services to be provided hereunder. (c) Familiarity With Services Required. By executing this Agreement, SUBRECIPTENT 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 and Quarterly Disbursement. The amount granted to SUBRECIPIENT is $ 18,000 ( "CDBG FUNDS "), and such funds shall be expended by SUBRECIPIENT on or before June 30, 2005. The CDBG FUNDS shall be disbursed by CITY to SUBRECIPIENT on a quarterly basis (October, January, April and July) 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. 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 2 8/04 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, 2005 and to use said funds to pay for necessary and reasonable costs allowable under the federal law and regulations to operate said program. Said amounts shall include, but not be limited to, wages, administrative costs, and employee benefits comparable to other similarly situated employees. Other allowable program costs are detailed in the Budget, as set forth in "Exhibit B," attached hereto and by this reference incorporated herein. SUBRECIPIENT shall use all income received from said funds only for the same purposes for which said funds may be expended pursuant to the terms and conditions of this Agreement. E. Licensing. SUBRECIPIENT agrees to obtain and maintain all required licenses, registrations, accreditation and inspections from all agencies governing its operations. SUBRECIPIENT shall ensure that its staff shall also obtain and maintain all required licenses, registrations, accreditation and inspections from all agencies governing SUBRECIPIENT's operations hereunder. Such licensing requirements include obtaining a City business license, as applicable. F. Zoning. SUBRECIPIENT agrees that any facility/property used in furtherance of said program shall be specifically zoned and permitted for such use(s) and activity(ies). Should SUBRECIPIENT fail to have the required land entitlement and/or permits, thus violating any local, state or federal rules and regulations relating thereto, SUBRECIPIENT shall immediately make good -faith efforts to gain compliance with local, state or federal rules and regulations following written notification of said violation(s) from the CITY or other authorized citing agency. SUBRECIPIENT shall notify CITY immediately of any pending violations. Failure to notify CITY of pending violations, or to remedy such 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 OMB Circular A -110 requirements. SUBRECIPIENT is not required to maintain separate depository accounts for CDBG FUNDS; provided however, the SUBRECIPIENT must be able to account for receipt, obligation and expenditure of CDBG FUNDS pursuant to applicable OMB Circular A -110 requirements. H. Audit Report Requirements. SUBRECIPIENT agrees that if SUBRECIPIENT receives Three Hundred Thousand Dollars ($300,000.00) or more in federal funds, SUBRECIPIENT shall have an annual audit conducted by a certified public accountant in accordance with the standards as set forth and published by the United States Office of Management 3 8 /04 and Budget. SUBRECIPIENT 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. 1. Record Keepin /g/Reporting. SUBRECIPIENT shall keep and maintain complete and adequate records and reports to assist CITY in meeting and maintaining its record keeping responsibilities undcr the CDBG BEGS, 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 bcnefiting by the SUBRECIPIENT program. c. Household information shall include number of persons, identification of head of household, race /ethnicity, and income verification. d. Documentation of all CDBG FUNDS received from CITY. e. Documentation of expenses as identified in the Budget Proposal, including evidence of incurring the expense, invoices for goods or services, copies of any and all contracts or documentation pertaining to costs for subcontractors, plus all other invoices for which CDBG FUNDS were expended, and any payments therefor. f. Any such other related records as CITY shall reasonably require or as required to be maintained pursuant to the CDBG BEGS. (2) Reports (i) Payment Request. Concurrently with the submittal of each quarterly report, on or before the 15th day of October, January, April and July, SUBRECIPIENT shall submit both: an original invoice and true copies of invoices, receipts, agreements, copies of any and all contracts or documentation pertaining to costs for subcontractors or other documentation supporting and evidencing how the CDBG FUNDS have been expended during the applicable quarter. (ii) Quarterly Activity Report: SUBRECIPIENT agrees to keep monthly records of all ethnic and racial statistics of persons and families benefited by SUBRECIPIENT in the performance of its obligations under this Agreement, including, but not limited to, the number of low and moderate income persons and households assisted in accordance with federal income limits, the number 0 8/04 of female heads of households assisted, new program information and year -to- date program statistics on expenditures, caseload and activities. J. Access to Records. CITY and the United State Government and/or their representatives shall have access for purposes of monitoring, auditing, and examining SUBRECIPIENT's activities and performance, to books, documents and papers, and the right to examine records of SUBRECIPIENT's subcontractors, bookkeepers and accountants, employees and participants in regard to said program. CITY and the United States Government and/or their representatives shall also schedule on -site monitoring at their discretion. Monitoring activities may also include, but are not limited to, questioning employees and participants in said program and entering any premises or 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 after completion of an audit in conformity with the CDBG REGS's. 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. Standing. SUBRECIPIENT shall be in good standing, without suspension by the California Secretary of State, Franchise Tax Board and Internal Revenue Service. Any change in the corporate status or suspension of SUBRECIPIENT shall be reported immediately to CITY. N. Confidentiality. Without prejudice to any other provisions of this Agreement, SUBRECIPIENT shall, where applicable, maintain the confidential nature of information provided to it concerning participants in accordance with the requirements of federal and state law. However, SUBRECIPIENT shall submit to CITY and or HUD or its representatives, all records requested, 5 8/04 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. R Violation of Terms and Conditions. SUBRECIPIENT agrees that if SUBRECIPIENT violates any of the terms and conditions of this Agreement or any prior Agreement whereby CDBG funds were received by SUBRECIPIENT, or if SUBRECIPIENT reports inaccurately, or if on audit there is a disallowance of certain expenditures, SUBRECIPIENT agrees to remedy the acts or omissions causing the disallowance and repay CITY all amounts spent in violation thereof. If SUBRECIPIENT engaged in fraudulent activity to obtain and/or justify expenditure of the CDBG funds granted hereunder, SUBRECIPIENT shall be required to reimburse the CITY of all such funds that were obtained/spent under fraudulent circumstances. Q. Equipment. 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. S. Lobbying. 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 C," attached hereto and by this reference incorporated herein. SUBRECIPIENT shall submit said signed certification to CITY prior to performing any of its obligations under this Agreement and prior to any obligation arising on the part of CITY to pay any sums to SUBRECIPIENT under the terms and conditions of this Agreement. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit a "Disclosure Form to Report Lobbying," in accordance with its instructions (see C -1 ). T. Financial Interest. SUBRECIPIENT agrees that except for the use of CDBG funds 0 8/04 to pay salaries and other related administrative or personnel costs, no persons who exercise or have exercised any function with respect to CDBG activities assisted under the terms of this Agreement, or who are in a position to participate in a decision - making process or gain inside information with regard to such activities, may obtain a financial interest or benefit from a CDBG - assisted activity of SUBRECIPIENT, either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter. This prohibition applies to any person who is an employee, agent, consultant, officer, or elected or appointed official of CITY, or of any designated public agencies, or the SUBRECIPIENT. U. Davis -Bacon Act. All laborers and mechanics employed by contractors or subcontractors in the performance of construction work, including alterations and repairs, in excess of $2,000.00, financed in whole or in part with federal funds shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined in accordance with the Davis -Bacon Act, as amended, 40 U.S.C. sections 276a - 276a -5. Any such construction contract shall includc and comply with the required contract provisions and rules set forth in 29 C.F.R. §5.5. Further, the payroll reports (along with the "Statement of Compliance ") and basic records are required to be maintained and submitted, or made available, pursuant to 29 C.F.R. §5.5(a)(3). No payment, advance, grant, loan or guarantee of funds shall be approved by the federal agency unless there is on file with the agency a certification by the contractor that the contractor and its subcontractors have complied with the provisions of 29 C.F.R. §5.5. A breach of the contract clauses in 29 C.F.R. §5.5 may be grounds for termination of the contract, and for debarment as a contractor /subcontractor, as provided in 29 C.F.R. §5.12. Labor standards interviews/investigations shall be made as necessary to assure compliance [29 C.F.R. §5.6(a)(3)]. V. Drug Free Workplace. SUBRECIPIENT certifies that it has established the following drug -free workplace policy: 1. The unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the workplace for any employee involved in a federally funded program. 2. As an employee working in conjunction with a federally funded program, the employees of SUBRECIPIENT will be required to: a) Abide by the terms above in statement 1. b) Notify appropriate officials of SUBRECIPIENT and CITY officials of any criminal drug statute conviction for a violation occurring in the workplace not later than five days after such conviction. 3. The CITY and the United State Department of Housing and Urban Development will be notified within ten days after receiving notice of any such violation. 4. Within 30 days of receiving such notice, appropriate personnel action will be taken against such employee, up to and including termination. FA 8/04 Each such employee shall be required 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. II. CITY'S OBLIGATIONS A. Payment of Funds. Upon execution of this Agreement by SUBRECIPIENT, CITY shall pay to SUBRECIPIENT from CDBG funds, when, if and to the extent received from HUD, for CITY's Fiscal Year CDBG program year amounts expended by SUBRECIPIENT in carrying out said program for fiscal year 2004 -2005 pursuant to this Agreement up to a maximum aggregate payment of Eighteen Thousand Dollars ($ 18,000) in installments determined by CITY. Payments shall be made to SUBRECIPIENT through the submission of invoices on a quarterly basis (October, January, April and July) in a form prescribed by CITY, detailing such expenses. CITY shall pay such invoices within thirty (30) days after receipt thereof provided CITY is satisfied that such expenses have been incurred and documented within the scope and provisions of this Agreement and that SUBRECIPIENT is in compliance with the terms and conditions of this Agreement. B. Audit of Account. CITY shall include an audit of the account maintained by SUBRECIPIENT in CITY's annual audit of all CDBG FUNDS in accordance with Title 24 of the Code of Federal Regulations and other applicable federal laws and regulations. C. Common Rule: Pursuant to CFR 85.40(a), the CITY manages the day -to -day operations of each grant and subgrant supported activities. CITY staff has detailed knowledge of the grant program requirements and monitors grant and subgrant supported activities to assure compliance with Federal requirements. Such monitoring covers each program, function and activity and performance goals are reviewed periodically. D. Environmental Review: In accordance with 24 CFR 58, the CITY is responsible for undertaking environmental review and maintaining environmental review records for each applicable project. E. Performance Monitoring: CITY shall monitor the performance of the SUBRECIPIENT against goals and performance standards required herein. Substandard performance as determined by the CITY will constitute non - compliance with this Agreement. If action to correct such substandard performance is not taken by the SUBRECIPIENT within a reasonable period of time after being notified by the CITY, contract suspension or termination procedures will be initiated. 8/04 III. NONDISCRIMINATION SUBRECIPIENT agrees that no person on the ground of race, age, color, national origin, religion or sex will be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with CDBG funds. IV. CONFLICT OF INTEREST Pursuant to the conflict of interest requirements set forth in 24 CFR 576.57 and OMB Circulars 1 -102 and A -110, SUBRECIPIENT agrees that no officer, employee, agent or assignee of CITY having direct or indirect control of any CDBG monies granted to the CITY, inclusive of the subject CDBG FUNDS, shall serve as an officer of SUBRECIPIENT. Further, any conflict or potential conflict of interest of any officer of SUBRECIPIENT shall be fully disclosed in writing prior to the execution of this Agreement and said writing shall be attached and deemed fully incorporated as a part hereof. Notice shall be sent by SUBRECIPIENT to CITY regarding any changes or modifications to its board of directors and list of officers. V. SPECIAL CERTIFICATION FOR RELIGIOUS ENTITIES If SUBRECIPIENT is a religious entity, SUBRECIPIENT hereby agrees that in connection with the provision of the services SUBRECIPIENT shall provide with CDBG funds, in accordance with 24 CFR 570.2006): 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 1, Section 4 of the California Constitution, and is not in any manner intended to restrict other activities of SUBRECIPIENT. D. Where the services to be provided under said program are rendered on property owned by the primarily religious entity SUBRECIPIENT, CDBG funds may also be used for minor repairs to such property which are directly related to the cost of rendering the services under said 8/04 program, where the cost constitutes in dollar terms only an incidental portion of the CDBG expenditure for rendering the services under said program. VI. PROHIBITION OF NEPOTISM SUBRECIPIENT agrees not to hire or permit the hiring of any person to fill a position funded through this Agreement if a member of that person's immediate family is employed in an 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 TO SUBRECIPIENT: The Cambodian Family 1111 E. Wakeham Avc., Suite E Santa Ana, CA 92705 VIII. ASSIGNABILITY None of the duties of, or work to be performed by, SUBRECIPIENT under this Agreement shall be subcontracted or assigned to any agency, consultant, or person without the prior written consent of CITY. SUBRECIPIENT must submit all subcontracts and other agreements that relate to this Agreement to CITY. No subcontract or assignment shall terminate or alter the legal obligations of SUBRECIPIENT pursuant to this Agreement. IX. HOLD HARMLESS SUBRECIPIENT shall indemnify, defend and save harmless CITY, its officers, employees, agents, representatives and volunteers from and against any and all damages to or for loss of use of property and for injuries to or death of any person or persons, including property and employees or 10 8/04 agents of CITY, and shall defend, indemnify and save harmless CITY, its officers, employees, agents, representatives and volunteers from and against any and all claims, demands, suits, actions or proceedings of any kind or nature, including, but not by way of limitation, workers compensation claims and including attorney fees and reasonable expenses for litigation or settlement, resulting from or arising out of the negligent or wrongful acts, errors or omissions of SUBRECIPIENT, its officers, directors, employees, agents, subcontractors and suppliers arising out of SUBRECIPIENT's performance of this Agreement. X. INSURANCE A. In accordance with the provisions of Section 3300 of the Labor Code, if SUBRECIPIENT has any employees it is required to be insured against liability for worker's compensation or to undertake self - insurance. Prior to commencing performance of this Agreement, SUBRECIPIENT agrees to obtain and maintain employer's liability insurance with limits not less than $1,000,000 per accident. If SUBRECIPIENT has no employees, nor workers' compensation coverage, it must execute a Declaration available from the CITY, and update as is necessary. B. SUBRECIPIENT shall undertake self - insurance, or shall obtain, at its sole cost, a policy or policies of commercial general liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall: (1) name the City of Santa Ana, its officers, agents, representatives, employees and volunteers as additional 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. SUBRECIPIENT shall: (a) prior to exercising any right under this Agreement, furnish properly executed certificates of insurance and additional insured endorsement to the CITY which shall clearly evidence all coverages required above; (b) provide that such insurance shall not be materially changed or terminated except on 30 days prior written notice to the CITY; (c) maintain such insurance for the period covered by this Agreement; and (d) replace such certificates for policies expiring prior to the expiration of this Agreement. XI. REVERSION OF ASSETS A. Upon the expiration of this Agreement, SUBRECIPIENT shall transfer to CITY any CDBG funds on hand at the time of the expiration of this Agreement as well as any accounts receivable attributable to the use of CDBG funds. [24 CFR 570.503(b)(8).] B. Any real property under SUBRECIPIENT's control that was acquired or improved in whole or in part with CDBG funds in excess of $25,000.00 must either be: 11 8/04 1. Used, where CITY has given written approval, to meet one of the national objectives stated in 24 CFR 570.208 until five (5) years after expiration of this Agreement, or for such longer period of time as determined to be appropriate by CITY; or 2. If not used in accordance with subparagraph A above, SUBRECIPIENT shall pay to CITY an amount equal to the current fair market value of the property less any portion of the value attributable to the expenditure of non -CDBG funds for acquisition of, or improvement to, the property. Such payment is program income to CITY. C. Subject to the obligations set forth herein, title to equipment acquired under the terms of this Agreement will vest upon acquisition in SUBRECIPIENT. When said equipment which has been acquired in accordance with this Agreement and all applicable regulations is no longer needed for said program, disposition of said equipment will be made as follows: 1. Items of equipment with a current per unit fair market value of less than $5,000.00 may be retained, sold or otherwise disposed of with no further obligation to CITY. 2. Items of equipment with a current fair market per unit value of $5,000.00 or more may be retained or sold and CITY shall have the right to an amount calculated by multiplying the current market value or proceeds from the sale by CITY's share of federal funds used to acquire the equipment, in accordance with 24 CFR 85.32(e)(2). D. SUBRECIPIENT hereby agrees, upon 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. XII. TERMINATION A. This Agreement may be terminated on thirty (30) days' written notice by either 12 8/04 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 24 CFR 85.43, in the event SUBRECIPIENT defaults by failing to fulfill all or any of its obligations hereunder, CITY may declare a default and termination of this Agreement by written notice to SUBRECIPIENT, which default and termination shall be effective on a date stated in the notice which is to be not less than ten (10) days after certified mailing or personal service of such notice, unless such default is cured before the effective date of termination stated in such notice. If terminated for cause, CITY shall be relieved of further liability or responsibility under this Agreement, or as a result of the termination thereof, including the payment of money, except for payment for approved expenses incurred for services satisfactorily and timely performed prior to the mailing or service of the notice of termination, and except for reimbursement of (1) any payments made for services not subsequently performed in a timely and satisfactory manner, and (2) costs incurred by CITY in obtaining substitute performance. D. The grant of funds under this Agreement may be terminated for convenience in accordance with 24 CFR 85.44. E. The grant of funds under this Agreement may be terminated due to the non- performance of SUBRECIPIENT and/or failure of SUBRECIPENT to perform the work described in Exhibits A and B or failure to meet the performance standards and program goals set forth therein. F. In the event this Agreement is terminated as set forth in subparagraphs XII.A. through XII.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. XIII. 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 13 8/04 Agreement, CI'fY'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. In no event, however, shall any revisions made by CITY affect expenditures and legally binding commitments made by SUBRECIPIENT before it received notice of such revision, provided that such amounts have been committed in good faith and are otherwise allowable and that such commitments are consistent with HUD cash withdrawal guidelines. XIV. EXCLUSIVITY AND AMENDMENT OF AGREEMENT This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the use of CITY's CDBG 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, which are not embodied herein, and that no other agreement or amendment hereto shall be effective unless executed in writing and signed by both CITY and SUBRECIPIENT. XV. LAWS GOVERNING THIS AGREEMENT This Agreement shall be governed by and construed in accordance with the laws of the State of California, and all applicable federal laws and regulations. XVI. VALIDITY The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. XVII. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully, including reasonable costs and attorney's fees, for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits and Attachments referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 14 8/04 C. No delay or omission by either party hereto to exercise any right or power accruing upon any noncompliance or default by the other party with respect to any of the terms of this Agreement shall impair any such right or power or be construed to be a waiver thereof. A waiver by either of the parties hereto of any of the covenants, conditions, or agreements to be performed by the other shall not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or agreement herein contained. 15 8/04 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the last date and year written below. DATED: ATTEST: PATRICIA E. HEALY v Clerk of the Council DATE: 16 CITY OF SANTA ANA i it DAVID N. REAM City Manager APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: LISA E. STORCK Assistant City Attorney SUBRECIPIENT: Name. fka Hirsch Title: Executive Director Tax ID: 95- 3854831 CITY OF SANA ANA COMMUNITY DEVELOPMENT BLOCK GRANT Scope of Work Annual Accomplishment Goal I. Total number of clients anticipated to be served during the 12 -month contract period= 80 PERSONS H. Total number of unduplicated Santa Ana residents to be served with grant funds during the 12 -month contract period = 80 PERSONS III. Description of Work - in space below, describe the program to be funded during the 12- month contract period including, services to be provided, program goals, client characteristics, & how grant funds will be utilized. The CDBG Fund will support The Cambodian Family Youth Program, Plan Ahead, serves low- income Cambodian refugee and Latino immigrant youths and families in the Minnie Street neighborhood of Santa Ana. Our Youth Program serves children and youth, ages 6 — 20, by providing after- school activities on Tuesday through Friday, from 3 -6 PM at our center, and on Saturdays, when field trip and other activities are scheduled. Activities are organized around three Institutes: Academic, Leadership, and Career. Academic activities focus on tutoring and study skills. Leadership activities involve learning responsibility and performing community service. Career activities give students the opportunities to explore career alternatives and create dreams for the future. We give youth the safe place to go after school, and we help them build dreams for the future and achieve their potential. For parents, we provide monthly parent education meeting and other events that would develop parenting skills and increase involvement in their children's education. Our goal is to serve 60 youths and 20 parents. At least 45 of those 60 youths will succeed by achieving their personal goals in at least two of the three institutes. And at least 15 parents will achieve measurable outcomes of success. Schedule of Performance Estimate the number of unduplicated Santa Ana residents to be served during the 12 -month contract period per quarter: Quarter 1: July 1 — September 30 Quarter 2: October 1 — December 31 Quarter 3: January 1 — March 31 Quarter 4: Apri l 1 — June 30 Invoicing Schedule 65 Persons 5 Persons 5 Persons 5 Persons Total 80 Persons Estimate the amount of grant funds to be requested during the 12 -month contract period on a quarterly basis: Quarter 1: July 1 — September 30 $ 4,500 Quarter 2: October 1 — December 31 $ 4,500 Quarter 3: January 1 — March 31 $ 4.500 Quarter 4: April 1 — June 30 $ 4,500 Total $ 18,000 EXHIBIT A JUN -09 -2004 09:55 THE CAMBODIAN FAMILY 714 S ^1 19? CRY OF SANTA ANA COMMUNITY DEVELOPMENT BLOCK GRANT FINAL PROGRAM BUDGET Organization Name: The Cambodian Famif Program Name: The Cam Qdwn-Eamiw-yau:b-emo= PROGRAM YEAR: 2004-2005 EXPENDITURES CATEGORV SANTA ANA CDBG OTHER TOTAL PROGRAM GRANT RESOURCES BUDGET AdmInishatMe Slag Salaries and BeneOts $ Program Start Salaries end BeneMs -- Olsce Supplies, Dancer Supplies, F-0udatbn Maledds 17,250 100,579 ",829 Rant/Lease 700 900 Conmunicalbns 0 12,725 t2 =2c 11NMies 0 1,830 R?l: I'VassbnalServic" (Payroll Prodesalnp, alarm. liBO corm. ek.) 0 2,730 Insurance 0 950 ;t6r Other(Pleass Specify) 0 Audk Eduiprneni RentayWInt. 0 1,400 „p0 Janitorial WnL/Supplies 0 1,260 x,260 Membenhlp/Subscription 0 3,960 -- 3.960; MUeaOa/rravel 0 83 — -- .. 9y Pwtape 50 930 i8C' Pdni trg 0 -- - 222 '22! Train4q Supplies 0 _ 76 76 j 0 _— 263 s ' TOTAL S 18,000 $ 140,000 $ •, SR non ' OTHER PROGRAM RESOURCES SOURCE AMOUNT SISTERS OF SAINT JOSEPH FOUNDATION CALIFORNIA WELLNESS FOUNDATION FEDERAL FUNDING FOR REFUGEES JTOTAL 50,000 40,000 50 Opp 140,000 EXHIBIT B Attachment 6 CDBG FUNDED PERSONNEL The Cambodian Family Youth Program ADMINISTRATIVE STAFF Position Title Annual Salary Annual Benefits Total Compensation CDBG Funds Requested % of Time Position is Dedicated to Program PROGRAM STAFF Position Title Youth Coordinator Annual Salary $40,716 Annual Benefits $10,179 Total Compensation $50,895 CDBG Funds Requested $17,250 %, of Time Position is Dedicated to Program m CONTRACT PERSONNEL Position Title Annual Salary Annual Benefits Total Compensation CDBG Funds Requested % of Time Position is Dedicated to Program 8/04 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 any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contact, grant, loan or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontract, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Grantee /Contactor Organization Name of Certifying Officer EXHBIT C Page 1 of 2 17 Date 8/04 SUBRECIPIENT warrants the following: 1. SUBRECIPIENT will comply with Public Law 88 -352, Title VI of the Civil Rights Act of 1964 (42 U. S. C. section 2000 et seq.) and implementing regulation in 24 CFR Part 1. 2. No person in the United States shall on the ground of race, color, religion, national origin, or sex, be excluded from participation in, or be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with community development funds made available pursuant to the ACT. 3. All laborers and mechanics, employed by contractors or subcontractors in the performance of construction work financed in whole or in part with community development funds shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined in accordance with the Davis -Bacon Act, as amended, 40 U. S. C. Sections 276 a 1 -5, except for individuals who perform services for which they volunteered; do not receive compensation for such services; or are paid expenses, reasonable benefits, or a nominal fee for such services; and are not otherwise employed at any time in construction work. 4. SUBRECIPIENT will comply with all Federal statutes applicable to projects funded with community development funds, except that (a) SUBRECIPIENT does not assume CITY'S environmental responsibilities described at 24 CFR 570.604; and (b) SUBRECIPIENT does not assume CITY'S responsibility for initiating the review process under Executive Order 12372. EXHIBIT C Page 2 of 2 � A ORD CERTIFICA"a Q LIABILITY INS URP III, DATE(MM/DDlYYYY) PRODUCER (714)838 -1912 FAX 04%06/2004 (714)838 -7568 THIS CERTIFICATE IJ ISSUED AS A MATTER OF INFORMATION Lake Insurance Agency ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 13891 Newport Ave., Suite 285 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Lic #0747473 Tustin, CA 92780 —� INSURERS AFFORDING COVERAGE NAIC # MDRE' Cambodian Family - - - -.— IrsuRERA NSURERB - adelphia - — Phil_Ind. Ins. Co. 1111 East Wakeham Avenue - -- Suite E INSURER(: Santa Ana, CA 92705 � INSURER D COVERAGES - THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN bSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDIN P.NY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAL'J, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHO`NN P.1AY FIAVE GEEN REDUCED 3Y PAID CLAIfdS. INSR ADD TYPE OF INSURANCE LTR INSR POLICY NUMBER P LI Y E TIVE P LI E %PI T - - GATE MMIDD/YY DATE MM/DD/YY LIMITS GENERAL LIABILITY PHPK074625 03 09 2004 03/09/20 COI;RAF RCIAL GENERAL LIABILI7� / / 05 EACH OCCURRENCE S 1,000,000 X CLALAS MADE �OCCJR PREMISES(EaOeeure...el $ 300,000 MED EXP (Any one Verson A X 0 deductible ) 5 5 00 GENERAL AGGREGATE $ 3'000'00( GEN'L AGGREGATE L IMIT APPLIES PER X POLICY Jt O OC PRODUCTS - COMP /OP AGG $ 7 nC1 udeC AUTOMOBILE LIABILITY PHPK074625 03/09/2004 03/09/2005 ANY AUTO COMBINED SINGLE LIMIT ALL OWNED AUTOS $ (Ea acudenU 11000,000 SCHEDULED AUTOS BODILY INJURY A X HIRED AUTOS (Per person) $ X NON- OWNEDAUTOS BODILY INJURY $ X $0 Deductible (Per accident) _ PROPERTY DAMAGE $ GARAGE LIABILITY (Per Decadent) E ANY AUTO E AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ : EXCESSlUMBRELLA LIABILITY AUTO ONLY AGG $ EACH OCCURRENCE ' OCCUR CLAIMS MADE EACH AGGREGATE $ DEDUCTIBLE $ RETENTION S / i $ WORKERS COMPENSATION AND /,I� � ).,�nL // S EMPLOY EMPLOYERS LIABILITY TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXEC' TIVE / E.l. EACH ACCIDENT OFFICER/MEMBER EXCLUDED? $ If yes, describe under - - EL. DISEASE - EA EMPLOYC $ SPECIAL PROVISIONS below OTHER E.L. DISEASE -POLICY LIMIT S Abuse & Molestation PHPK074625 03/09/2004 03/09/2005 A $1,000,000 Each Claim $3,000,000 Aggregate DES( RIY NON OF OPERATIONS/ LOCATIONS /VEIIICLES/ EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS $0 Deductible mployee Dishonesty Liability $200,000 / 0 Ded. ertificate holder is named as additional insured per contract with named insured, chedule of vehicles and drivers on file. �10 day notice of cancellation due to non - payment of premium. CERTIFICATE HOLDER CANCELLATION LEXPIRATION OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Santa Ana ATE THEREOF, THE ISSUING INSURE R WILL XA SXOP MAIL Community Development Agency WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, P.O. CDBG-M-25 f�AWOV1FNlt9(D(9 X 1719A�E7F DQXl(9(X�OF90(i4X�X)i)(XX SantaP.O. Box , CA RxX" KX)OXX`P("X)QXx �X XXXXXXXXXXXXX Ana, CA 92702 / „,r„r,o, ,,.,�....�.._ -_.__ ACORD 25 (2001/08) FAX: (714)571 -1974 J ©ACORD CORP RATION 1988 — -- P PERSONAL G ADV INJURY $ $ 1,000,00( �10 day notice of cancellation due to non - payment of premium. CERTIFICATE HOLDER CANCELLATION LEXPIRATION OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Santa Ana ATE THEREOF, THE ISSUING INSURE R WILL XA SXOP MAIL Community Development Agency WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, P.O. CDBG-M-25 f�AWOV1FNlt9(D(9 X 1719A�E7F DQXl(9(X�OF90(i4X�X)i)(XX SantaP.O. Box , CA RxX" KX)OXX`P("X)QXx �X XXXXXXXXXXXXX Ana, CA 92702 / „,r„r,o, ,,.,�....�.._ -_.__ ACORD 25 (2001/08) FAX: (714)571 -1974 J ©ACORD CORP RATION 1988 MAY-13-2004 09:17 THE CAMRnDIAN FAMILY 714 71 1974 ADDITIONAL .INSURED ENDORSEMENT Insurance Company PHILADELPHIA INDEMNITY INSURANCB CO. This endor HPK8gT�pgQ9pl mollfies such insurance as !s afforded by the provisions of Policy #_PHPK� ?4625 relating W the following: 1. The City of Santa Ana, 20 CIVIC Center Plaza, Santa Ana, California 927oi; as orfloers, employees, agen13 and represental$ms are named as addtionel insureds ('additional insureds-) With regard to liability and defense of subs arising from the operations and uses performed by or en behalf of the named Insured. 2. With respect to deirra arising out of the operatfor" and uses performed by or on behalf of the named kwured. such Insurance as is 80orcied by this policy is primary and is not additional to or contributing with any wrier insurence carried by or for the benetlt of the adcNonai inrA feds_ 3. 7hW wrsura w v applies seperately to each Insured against whore claim is made or Butt Is brought except with respect to the company's limits of AabUky. The Inohuion of any person or organization as an irmured shall not afted any right which such person Or 0rgarttratlo0 would haft as a deUrleittt if not SO Mduded. 4. With re4PW tO IN addWWd kwj eds, ft irOxenc a Shan not be Carlos! ad, or matt'<iatly reduced In coverage or limits except Niter tWrly (3o) drys written notice hes been given to the city of Santa Ana, Zt) CMIO Center plan, Santa Ana,.Cagfbrn a 82701. _ (CO11100 iort of thA following, including CWnttirslgnattiie, is regUIred to make this endorsement efteotive,) Effective this endorsement form as a part of Policy # PHPK074625 issued M THE C�MBOD aN F�;zLY Named Insured Countarslgned by U 2.r'C c EKi +tnrr p % � TI_ITI -IL P.02 ACORD CERTIFICATE OF LIABILITY INSURANCE OP ID 7 DATE (MM DDM YY) THECA -1 06/24/04 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Chapman & Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE License #0522024 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P. O. Box 5455 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Pasadena CA 91117 -0455 AUT,101611XIED REPRE IAIIVE Phone:626- 405 -8031 Fax:626- 405 -0585 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: State Compensation Ins Fund MED EXP (Any one person) INSURER B: PERSONAL 8 ADV INJURY $ $ INSURERC: The Cambodian Family 1111 E. Wakeham Ave., Suite E Santa Ana CA 92705 INSURER D. _- INSURER E. ----- - - - - -- COVERAGES 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSR TYPE OF INSURANCE POLICY NUMBER P LI Y EFFE TIVE DATE MWDD/VY POLICY EXPI TI N DATE MM/DDNY ) LIMITS P.O. BOX 1988 REPRESENTATIVES. GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS MADE ❑ OCCUR AUT,101611XIED REPRE IAIIVE EACH OCCURRENCE $ PREMISES (Ea occurence) $ MED EXP (Any one person) $ PERSONAL 8 ADV INJURY $ $ GENERAL AGGREGATE GENT AGGREGATE LIMIT APPLIES PER POLICY PRO LOC JECT PRODUCTS - COMP/OP AGG $ AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS [� Q RO� V1it. " .� - -�� N U COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accidi $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO T;dU (,l Pg5TSV3`T` y AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY: AGG $ $ EXCESS/UMBRELLA LIABILITY OCCUR CLAIMS MADE DEDUCTIBLE RETENTION $ EACH OCCURRENCE $ AGGREGATE $ $ $ A WORKERS COMPENSATION AND EMPLOYERS' IETORILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICERWEMBER EXCLUDED? Des, describe under SyECIALPROVISIONSbelow 1696570 06/30/03 06/30/04 X TORY LIMITS ER E.L. EACH ACCIDENT $1000000 E.L. DISEASE - FA EMPLOYEE $ 1000000 E.L. DISEASE - POLICY LIMIT - - - -- $1000000 OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Evidence of Coverage CERTIFICATE HOLDER CANCELLATION SANTANA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL City Of Santa Ana IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR P.O. BOX 1988 REPRESENTATIVES. Santa Ana CA 92702 AUT,101611XIED REPRE IAIIVE ACORD 25 (2001108) © ACORD CORPORATION 1988 SC CERTHOLOER COPY STATE P.O. BOX 807, SAN FRANCISCO,CA 94142-0807 COMPENSATION INSURANCE FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 06- 30-2004 GROUP: POLICY NUMBER: 1698570 -2004 CERTIFICATE ID: 3 CERTIFICATE EXPIRES: 06- 30-2005 06 -30- 2004/06 -30 -2005 CITY OF SANTA ANA SC PO BOX 1988 A— A&oD -oO-09 SANTA ANA CA 92702 % — � &D# — l iCi'1 This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 10days' advance written notice to the employer. We will also give you 10 days' advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term, or condition of any contract or other document with respect to which this certificate of insurance 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. AUTHORIZED REPRESENTATIVE PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS,: 81,000,000.00 PER OCCURRENCE. roIn APPROVED AS TO FORM Assistant City r� corucy EMPLOYER "LEGAL NAME THE CAMBODIAN FAMILY THE CAMBODIAN FAMILY 1111 WAKEHAM AVE STE E SANTA ANA CA 92705 ,_�, ....,.._�.. 05/17/2004 ......... APR -29 -2005 11:06 THE CAMBODIAN FAMILY 714 571 1974 F'.u2''': -011 ACORD CERTIFICATE OF LIABILITY INSURANCE PRODUCER (714)338 -1912 FAX (714)838 -7566 THIS CERTIFICATE 15 138UED AS A MATTER OF Lake Insurance Agency ONLY AND CONFERS NO RIGHTS UPON THE CE HOLDER. THIS CERTIFICATE DOES NOT AMEND 13891 Newport Ave., Suite 29S ALTER THE COVERAGE. AFFORDED BY THE POI Lic 00747473 Tustin, CA 92760 INSURERS AFFORDING COVERAGE ._ }NsLmER& Philadelphia Ind. Ins. Co. wsunio 23mliodian FdeiYy — ._.._.. _--- 1111 East Wakeham Avenue INSURER IS - Suite E ,4_ Z oq- i(r7 INSURER C _ Santa Ana, CA 92705 A- - an3 NBLEtl11O A- avo,3-- 07S- 60 NCURSR E- - DATE 11119 YYY) D3/07/2005 NFORMATION TIFICATE EXTEND OR CIES BELOW. NAIC N IFD TO THIS INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATF MAY BE ISSUED OR CSCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH :ED BY PAID CLAIMS. Tfl7 "NiM TYPEOPMlUMnC! POLICY NUMBER —W-1 n -.. . aria CEMERAL LIABILITY PHPK130443 03/09/2005 03/09/2006 EAtH DccuRREKE I X COMI MERCIAL GENERAL LWDLLT' REu DAMAE TO m I 100, . . MEDERPIAYbP %Nw l CI ARJR NAnF u ocam t__ , A X _.J 0 deductible PERSONAL IAwINJURY 1 1,000, 1 31000, � - ... GENERAL AGCAEWiE GENL AGGREGATE LENT APPLIES PER PRODUCTS- EOMPRWAGG S inclL POLCY� JECT n �OC X AUTOMOWLE -- UAMUTY ANY AUTO PHPK110443 03/09/200S 03/09/2006 COMBINED SINOLE LIMIT tEI a6mvI t 1.000, SOOUY IMJUAY Irw Ww) I c X X ALL ONNED AUTOS 3CHFDVIEO W706 HIRED AUTO: WA.MJNED AUTOS BODRY INJURY (Pr Arsawl - -- X $O Deductible PROPERTY DAMAGE GARAGE LIABILITY AUTO ONLY - EA ACCIDENT S OTHER THAN EAACC AUTO ONLY Acc i _- t MyAUTO TO FORN4 __......__.. EYCES7NMRRELLjA_LWIPUTY _D.A. EACH OCCURRENCE ! OCCUR I -I CLAW MADE .A0OREOATE_ -'" i S t ,I DEDUCTIBLE DEDUCTIBLE RVINUON I a Assist I3 C0� I3 Stitt �' nt City Atto neY WORMERS COMPENSATIOMANO EMPLOYERS' LASILDY ANY PROPR4 TOAPAA7NFWtXECUTNE TORY UMrtS --TO E L EACH ACCIDENT 1 EL DISEASE. EA EMPLOYE t UFYICERnAEMELRERCLULA07 use i Molestation PHP9110443 03/09/2005 03/09/2006 S1,000,D00 Each Claim A 51,000,000 Aggregate $0 Deductible OESCRPTION Of ERATIO NSILxAnONSIVEHIC730E1t�LIjaIQMS A00FD0 EN00jnd1F rI SPEUAyPRw mployee D_s onesty 1200,000 / De , 00 Pro tssTOna Liabi ity i:5o0,000 Each.00C /3 Mil Aggregate Certificate holder is named as additional insured per contract with named insured. Schedule of vehicles and drivers on file. "Non- Profit Organization " 10 day notice of cancellation shall be given in the event of non - payment of premium City of Santa Ana Community Development Agency CDBG -M -25 P.O. BOX 1988 Santa Ana, CA 92702 ACORD2S(20ot10e1 FAX: (714)571 -1974 3NWLD ANY OF THE A8M DESCRIBED POLICIES EE CANCELLED EEFORE THE ER'PMIATION DATE THEREOF, THE nSUING INRUREA WILL K*tXX**% MAIL 30 DAYS wmrMN NO" 70 THE CERTIFICATE HOLDER NAMED TO THE LEFT YdBFYK�YYaBB�DtlUIYBIiItAKdihYlalHlX X OACORD CORPORATION 1981 APR -29 -2005 11:06 THE CPMBODIAN FAMILY POLICYNUMBER: PHPKIJD443 714 571 1974 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This andorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organlzdlon: CITY OF SANTA ANA, ITS OFFICERS, ITS AGENTS A EMPLOYERS CDGB M•34 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement) WHO IS AN INSURED (Section ll) is amended to include as an insured the person or organization shown in the Schedule as an insured but only with respect to liability arising out of your operations or premises owned by or rented to you. APPROVED AS TO FORM .-- & 21 Laura Stitt Speedy Assistant City Attorney P. i=t ..'L 14 CG 20 26 11 85 Copyright, Insurance Services Office, Inc., 1984 Page 1 of 1 ❑ APR -29 -2005 11007 THE COmDODIAN FAMILY 714 `71 1974 P.04. %F14 ADDITIONAL. INSURM ENDORSEMENT tnsurancm c«ttparty EHII.ADUPHIA a LIJ1111Y INKRANCE 00. ihlt WXWMeMeM ntodfies such kmwwm as In W70d. od by tha provhfom of Poigr Pax„ or;4 a __ rala" 10 the tboovrir t. The c*y of &tents Ana, 20 CMo Canty PWM -%ft Ana, Catiornta 82701; its docers, arpto "% and rapraeertfa>k an named es eddidone[ hounds rqaxdodMoWom W labft � �l or on bWW owl fm named wed. IFom the 2 Wlh respect to CWnte W%ft out cf *w op - -o ll- r and uses portbm,ad by cr an tiahaif cants named kmo*4 a xh k+ xmvs as is sltorded by atb policy b primary and iS not iddtb'ono fo or eontrbArlg vah any outer htura me a rind by or for the bona t of the addMorl-d h ure t. 3. Thts amurwtce apples aapweteiy to esctt kwmvd agdnat whom deim e nude or suit la brouatt altoept with reaped 10 ft Company's WOO of 19ft, lire ktckwm dart' parson or ofgeretadon so an kwjmd am not aft* wt' right %fkh such parson or a no I edocf would hens as a datrnent d not so ktaluded 4. Wdhr/opecttofteddidmtol lhkiMtsanl *Wnabefo oiled, or metertaly t etluCed ti cuverspe or knb a wo$ after fNkly $q dop wdbn ndk a has peat given to the Qty of amts Ant; Zn avfo Cantor P Sent kA.080m rra eV01, (CompWgon of Vie foUaMng, Wuding couttteraignpuital is required to make 0* ondwoornent effwft&) Eftecove 03/09/2005 , this enckwv ment form as a part of poppy # _ PflrKI.10443 fosudd to '1& CAMBODIAN FAMELY Named Ittaured Countersignedby ��n!M- ±� °f1""�_ 3, 1•� APPROVED AS TO Fo k vi 3,3 EXHJRIT D Laura Stitt Sheerly Assistant City Attnrnw TOTAL P.04 SC I I CYHOLDER COPY STATE P.O. BOX 807, SAN FRANCISCO,CA 94142 -0807 RECEIVED MAY 2 6 2005 COMPENSATION IFUND NS U F:AN CE CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 06 -30 -2005 GROUP: POLICY NUMBER: 1696570-2005 - CERTIFICATE ID: 3 CERTIFICATE EXPIRES: 06 -30 -2006 06- 30-2005/06-30-2006 CITY OF SANTA ANA SC PO BOX 1988 SANTA ANA CA 92702 This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 10days' advance written notice to the employer. We will also give you 10 days' advance notice should this' policy be cancelled prior to its normal expiration This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term, or condition of any contract or other document with respect to which this certificate of insurance 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. X . AUTHORIZED REPRESENTATIVE PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000.00 PER OCCURRENCE. APPROVED AS TO FORM Laura Stitt Sl edy `. Aseistaot City .'Attorney EMPLOYER LEGAL NAME THE CAMBODIAN FAMILY 1111 WAKEHAM AVE STE E SANTA ANA CA 92705 THE CAMBODIAN FAMILY MEV3-03) PRINTED: 05/17/2005 P0409 THIS DOCUMENT HAS A BLUE PATTERNED BACKGROUND saF 1026,