HomeMy WebLinkAboutWomen's Transitional Living 5AGREEMENT 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Please complete this form when the attached agreement is no longer in effect.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.
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The agreement with 161?'(Q 4-4�9 I
was completed on ( u� �C a + a O Q and final payment has been made.
Department:
Signature:
Date:
Revised 8-7-03
City of Santa Ana
Clerk of the Council
INSUKM. SON FILL A-2004-087-51
WORK MAY PROCEED
UNTIL INSURANCE EXPIRES
14 -t- o 5
CLERK OF COUNCIL 8/04
DATE: IC -1 a -CQ AGREEMENT BETWEEN THE CITY OF SANTA ANA AND
WOMEN'S TRANSITIONAL LIVING CENTER, INC FOR USE OF
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
(With Provisions Relating to Compliance with Title X
and 24 CFR Part 35 Relating to Lead Based Paint)
This Agreement, 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
WOMEN'S TRANSITIONAL LIVING CENTER, INC; 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. Title X of the 1992 Housing and Community Development Act (Title X) established
requirements relating to lead based paint ("LBP") in housing receiving federal assistance,
_ in particular requirements relating to (i) notification (including pamphlet distribution, -
disclosure to purchasers and lessees, notice of lead hazard presumption or results of
evaluation, and/or lead hazard reduction), (ii) lead hazard evaluation (including visual
assessment, paint testing, and/or risk assessment), (iii) lead hazard reduction (including paint
stabilization, interim controls, standard treatments, or abatement depending on the
requirements for housing activity type), (iv) ongoing maintenance, if required, and
(v) response to children with environmental intervention blood lead levels, as required; and
E. On September 15, 1999 HUD adopted implementing regulations to Title X that became
effective September 15, 2000 as set forth in 24 CFR Part 35, et seq. ("LBP Regs"), which establish
specific rules regarding notification to owners and occupants about the existence of LBP hazards,
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identification of LBP hazards, and control of LBP hazards; and
F. Residential structures built after January 1, 1978 are exempt from lead -based paint
requirements as the use of lead -based paint was banned for use in residences after this date by
Congress (24 CFR Part 35.115). Therefore, the Title X requirements set forth herein shall not be
applicable if the structures involved were built after January 1, 1978.
G. Subpart K - Acquisition, Leasing, Support Services, and Operation of the LBP Regs,
sets forth specific requirements relating to housing providers, such as SUBRECIPIENT, who
administer local programs that provide supportive housing for special needs populations and are
funded by HUD Office of Community Planning and Development ("CPD") programs, including
CDBG funds, as provided to SUBRECIPIENT under this Agreement; and
H. In connection with the grant of funds under this Agreement, CrrY requires that
SUBRECIPIENT comply and evidence of compliance with all applicable requirements of Title X
and the LBP Regs, in particular Subpart K relating to acquisition, leasing, support services, or
operations, and Subpart J relating to rehabilitation, as and when applicable; and
I. In connection with the grant of funds under this Agreement, CITY requires that
SUBRECIPIENT comply and show evidence of compliance with all applicable requirements of
Title X and the LBP Regs, in particular Subpart M relating to tenant based rental assistance, as and
when applicable; and
J. Attached and hereby fully incorporated to this Agreement are the following notification
attachments: Attachment No. 1 entitled "Protect Your Family From Lead In Your Home",
EPA747-K-99-001, Attachment No. 2 entitled "Sample Disclosure Format for Target Housing
Sales, Disclosure of Information on Lead -Based Paint and Lead -Based Paint Hazards", and
Attachment No. 3 entitled Sample Summary Risk Assessment Notice Format"; provided however,
that such attachments are not intended to modify or limit SUBRECIPIENT'S obligation to fully
comply with all applicable provisions of Title X and the implementing regulations in the LBP Regs;
and
K. By this Agreement SUBRECIPIENT will accept assignment from the CITY of all
_ responsibilities set forth in Subpart K of the LBP Regs; and _
L. 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:
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I. SUBRECIPIENT'S OBLIGATIONS
A. Non -Profit Status - Representations and Warranties.
(1) SUBRECIPIENT acknowledges that its operations and the services it provides to the
community are subject to Subpart K (and, in some instance(s) Subpart J and/or Subpart M) of the
LBP Regs.
(2) SUBRECIPIENT acknowledges that its operations and the services it provides
includes: (a) acquisition, leasing, or ownership of residential property for the purpose of
providing affordable housing for persons with special needs, such as transitional housing, or
(b) housing for persons with special needs, such as the disabled, or (c) financial assistance to
assist transitional housing participants to move to permanent housing by paying for the first
month's rent or security deposit, or (d) tenant -based rental assistance to program participants
who choose their own housing units, and by provision of such services such housing is subject to
the requirements of the LBP Regs.
(3) Representations:
(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 this Agreement by SUBRECIPIENT has been fully authorized by all requisite
actions on the part of SUBRECIPIENT.
(b) Experience. SUBRECIPIENT is a qualified provider of the services to be
provided hereunder.
(c) Familiarity With Services Required. By executing this Agreement,
SUBRECIPIENT warrants that (i) it has thoroughly investigated and considered the services to
be performed and provided hereunder, (ii) it has carefully considered how the services should be
performed, and (iii) it fully understands the facilities, difficulties and restrictions attending —
performance of the services under this Agreement, inclusive of compliance with the LBP REGS.
Should SUBRECIPIENT discover any latent or unknown conditions materially differing from
those inherent in the work or as represented by CITY, it shall immediately inform CITY of such
fact and shall not proceed except at SUBRECIPIENT'S risk until written instructions are
received from CITY'S representative.
(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.
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(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.
(4) Compliance with Subpart K of LBP Rees. Subpart K — Acquisition,
Leasing, Support Services, or Operation
(a) SUBRECIPIENT acknowledges and agrees that it shall comply with and
implement the requirements set forth in Title X and the LBP Regs to eliminate, as far as
practicable, LBP hazards in all residential property that is under its ownership, possession, or
control and/or residential property occupied by persons or families that receive financial or other
assistance from SUBRECIPIENT.
(b) SUBRECIPIENT shall provide a notice to all residents/occupants of
residential property that is under its ownership, possession, or control and/or residential property
occupied by persons or families that receive financial or other assistance from SUBRECIPIENT
in accordance with Section 35.125 of the LBP Regs.
(i) SUBRECIPIENT acknowledges that in connection therewith a visual
assessment is not considered an evaluation for purposes of the LBP Regs.
(c) Notification (24 CFR 35.130). SUBRECIPIENT shall provide the LBP
— hazard information pamphlet in accordance with Section 35.130 of the LBP Regs to all
occupants, owners, and purchasers of housing.
(i) The pamphlet shall be the EPA/HUD/Consumer Product
Safety Commission lead hazard information pamphlet or an EPA -approved
equivalent. The current form and version of the pamphlet is attached as
Attachment No. 1 to this Agreement.
(ii) SUBRECIPIENT shall cause to be disclosed to all purchasers
and lessees available information and knowledge regarding the presence of LBP
and LBP hazards prior to selling or leasing a housing unit in accordance with 24
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CFR 35, Subpart A. The current form and version of such notice is attached as
Attachment No. 2 to this Agreement.
(iii) SUBRECIPIENT shall ensure that all occupants, owners, and
purchasers of housing be notified in writing of the results of the presumption of
LBP and/or LBP hazards, and results of any lead hazard evaluation, and any lead
hazard reduction work in accordance with 24 CFR 35, Subpart A. The current
form and version of such notice is attached as Attachment No. 3 to this
Agreement.
(d) Lead Hazard Evaluation (24 CFR 35.125). SUBRECIPIENT shall conduct
all activities described in Section 35.1015 relating to visual assessment, paint stabilization, risk
assessment, and maintenance with regard to all residential property that is under its ownership,
possession, or control and/or residential property occupied by persons or families that receive
financial or other assistance from SUBRECIPIENT, except for the exemptions described below
in section 4 (d)(i)(1).
(i) SUBRECIPIENT shall cause a visual assessment to identify
deteriorated paint in all residential property that is under its ownership, possession, or control
and/or residential property occupied by persons or families that receive financial or other
assistance from SUBRECIPIENT.
(1)Section 35.115(a) provides exemptions from Subparts B
through R of the LBP Regs including without limitation, (a) short term emergency assistance
lasting less than 100 days cumulatively is exempted from compliance with Subpart K as to such
short term rental assistance units, and (b) exemption for zero -bedroom units, including SRO
units, for which occupancy by a recipient of SUBRECIPIENT'S services is for less than 100
days, and (c) exemption for residential housing units constructed after January 1, 1978.
(ii) To the extent that the assistance provided by SUBRECIPIENT
to persons or households meets one or more of the exemptions set forth in the LBP Regs, then
compliance with the notification, evaluation, reduction, clearance and other requirements of the
LBP Regs is not required related to the subject housing unit due to such exemption.
(iii) SUBRECIPIENT shall comply with the applicable provisions
— of both Subpart K and Subpart M (Tenant Based Rental Assistance) of the LBP Regs as to all
tenant -based long term housing assistance, i.e., assistance to persons/households residing in
housing units cumulatively for more than 100 days. If SUBRECIPIENT has knowledge that an
assisted family or household will occupy a dwelling unit for more than 100 days, the LBP Regs
require evidence of compliance prior to occupancy. Funding to be provided hereunder is
conditioned upon evidence of compliance.
(1) Subpart M applies to all dwelling units occupied to be
occupied by families or households that have one or more children of less than 6 years of age, as
well as the common areas servicing such dwelling units, and exterior painted surfaces associated
with such dwelling units or common areas. LBP compliance requirements relating to such
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dwelling units includes, without limitation: notification, evaluation by visual assessment, paint
stabilization utilizing safe work practices, and clearance.
(2) CITY advises SUBRECIPIENT that in the event the
services provided hereunder include rental assistance payments, such as first and last month's
rent and/or security deposit, and the assisted tenant executes a lease for long term occupancy,
including occupancy in the same dwelling unit for more than 100 days, then the provisions of
Subpart M (Tenant Based Rental Assistance), will apply (unless otherwise informed and directed
by HUD). In this regard, CITY advises SUBRECIPIENT that Subpart M requires HQS
inspection of each dwelling unit prior to occupancy and prior to compliance with applicable
notification, evaluation by visual assessment, reduction through paint stabilization utilizing safe
work practices, and clearance requirements of the LBP REGS.
(e) Lead Hazard Reduction Work. SUBRECIPIENT shall cause LBP hazard
reduction, such as paint stabilization, interim controls, standard treatments, or abatement of all
residential property that is under its ownership, possession, or control and/or residential property
occupied by persons or families that receive financial or other assistance from SUBRECIPIENT,
except as exempted as described in subsection 4(d)(i)(1) above.
(1) If paint stabilization occurs, SUBRECIPIENT shall cause paint
stabilization of each deteriorated surface and clearance of residential units pursuant to Section
35.1330(a) and (b) shall occur before occupancy of a vacant dwelling unit, or where a unit is
occupied, immediately after receipt of the CDBG FUNDS hereunder.
(2) Safe Work Practices shall be used in all LBP hazard reduction work.
(3) Clearance shall be conducted to confirm that no LBP hazards remain
when LBP hazard reduction work is complete. Confirmation of clearance by written certification
of a qualified inspector is required on an annual basis in connection with submittal of the April
15 quarterly report.
(f) Ongoing Maintenance. SUBRECIPIENT shall incorporate ongoing LBP
maintenance activities into regular building operations in accordance with Section 35.1355(a) for
all residential property that is under its ownership, possession, or control and/or residential
property occupied by persons or families that receive financial or other assistance from
— SUBRECIPIENT, except as exempted as described in subsection 4(d)(i)(1) above.
(1) Ongoing maintenance includes confirmation of clearance which shall
be conducted to confirm that no LBP hazards remain when LBP hazard reduction work is
complete.
(2) Ongoing maintenance also includes confirmation of clearance by
written certification of a qualified inspector on an annual basis in connection with submittal of
the April 15 quarterly report.
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(3) A part of such ongoing maintenance obligation includes notification of
the results of clearance confirmation and annual confirmation of clearance.
a. SUBRECIPIENT shall cause to be provided a notice to all
occupants of all residential property that is under its ownership, possession, or control and/or
residential property occupied by persons or families that receive financial or other assistance
from SUBRECIPIENT in accordance with Sections 35.125(b)(1) and (c), describing the results
of the clearance examination and the results of annual certification.
(g)_Units Cleared Prior to Date of Agreement; Confirmation of Clearance.
In the event the requirements of the LBP REGS relating to lead hazard evaluation, lead hazard
reduction, and lead hazard clearance have been completed on the subject dwelling units prior to
the Date of Agreement, then the SUBRECIPIENT shall provide to the CITY with the April 15
quarterly report a certificate from a qualified inspector evidencing a recent inspection and
confirmation of clearance of LBP and LBP hazards from the subject dwelling unit(s).
5. LBP Informational Summary. For purposes of information only and in no
respect intended to be a representation or warranty of the provisions of the LBP REGS, the CITY
has caused to be prepared an information summary relating to the LBP REGS and application to
dwelling units that may be occupied by recipients of services and/or funding from
SUBRECIPIENT under this Agreement. Attachment No. 4 to this Agreement, attached and
hereby fully incorporated by this reference, is such information summary. CITY staff will
cooperate with and make themselves available to SUBRECIPIENT to assist in implementation of
compliance with the LBP REGS as to residential dwelling units to be assisted by
SUBRECIPIENT. The parties acknowledge and agree the CITY is and shall not be liable or
responsible for the accuracy of such summary, and the SUBRECIPENT is directed to the LBP
REGS and implementing guidance published and provided by HUD relating to compliance with
such LBP REGS.
B. Amount of Grant and Quarterly Disbursement. The amount granted to
SUBRECIPIENT is $ ("FIVE THOUSAND "), 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, 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
15th 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 B",
attached hereto and by this reference incorporated herein. SUBRECIPIENT'S failure to perform as
required may, in addition to other remedies set forth in this Agreement, result in readjustment of the
amount of funds CITY is otherwise obligated to pay to SUBRECIPIENT under Paragraph II hereof.
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D. Allowable Costs. SUBRECIPIENT agrees to complete said program on or before
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 fiutherance 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
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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. Further, SUBRECIPIENT
shall comply and/or cause compliance with audit report(s) required by applicable provisions of Title
X and the LBP Regs.
I. Record Keeping/Reporting. SUBRECIPIENT shall keep and maintain complete and
adequate records and reports to assist CITY in meeting and maintaining its record keeping
responsibilities under the CDBG BEGS, Title X, and the LBP Regs, including the following:
(1) Records
a. Documentation evidencing program income requirements in
conformity with 24 CFR 570.504(b((2)(i), (ii) and 24 CFR 570.503(b)(3) and 24
CFR 570.208(a)(2)(B) of the income level of persons and/or families participating
in or benefiting by the SUBRECIPIENT program.
b. Documentation of the number of persons and/or families participating
in or benefiting by the SUBRECIPIENT program.
c. Household information shall include number of persons, identification
of head of household, race/ethnicity, and income verification.
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 REGS.
g. Documentation evidencing compliance with all applicable provisions
of Title X and the LBP Regs, in particular Subpart K and, as applicable Subpart J
and/or Subpart M.
(i) Specific documentation, as required, evidencing
compliance with all applicable provisions of such LBP Regs
including: (i) notification, including distribution of the lead
hazard information pamphlet (Attachment No. 1), disclosure
and notices of hazard evaluation and reduction (Attachments
No. 2 and 3); (ii) evaluation of lead hazard(s), including paint
testing and risk assessment; (iii) reduction of lead hazard(s),
including safe work practices and clearance, and
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confirmation of clearance; and (iv) ongoing maintenance, as
and if applicable for multifamily properties.
(ii) In this regard SUBRECIPIENT shall track information on
all persons/households assisted and the housing units assisted
with the CDBG FUNDS. Attachment No. 5 hereto is a sample
form for tracking persons/households and housing units
assisted with the CDBG FUNDS. All categories of
information set forth in such tracking form shall be prepared
and submitted to the CITY with the April 15 quarterly report.
(iii) In the event that such information and reports are not
complete and reasonably satisfactory information submitted in
order for CITY staff to review and evaluate compliance with
applicable CDBG REGS and LBP Regs, then the final quarterly
disbursement payment shall be withheld from the
SUBRECIPIENT.
(iv) Documentation of clearance confirmation as provided in
Section I.(1)(g) hereinabove.
(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 or
other documentation supporting and evidencing how the CDBG
FUNDS have been expended during the applicable quarter.
(ii) Quarterly Activity Report: Including in such reports
evidence of compliance with all applicable provisions of Title X
and the LBP Regs, in particular Subpart K and, as applicable
Subpart J, as further described in subsection (d) hereinafter, and
Subpart M, if SUBRECIPIENT provides long term tenant -based
rental assistance. SUBRECIPIENT agrees to provide CITY with
written cumulative (year-to-date) reports of its activities on or
before the 15th day of October, January, April and July for the
period beginning July 1, 2003 and through and including the
previous three-month reporting period setting forth the activities,
program accomplishments, new program information and year-to-
date program statistics on expenditures, caseload and activities.
When appropriate, pictures should be included.
(iii) Any such other reports as CITY (or HUD) shall
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reasonably require and/or request, including but not limited to
the following information: the receipt of program income [as
defined at 24 CFR 570.500(a)] by SUBRECIPIENT in the
operation of said program shall be recorded by SUBRECIPIENT
and reported to CITY; 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 and the number of female heads of
households.
(3) Recordkeening of Ongoing Maintenance under the LBP Regs. If the services and
program activities provided by SUBRECIPIENT hereunder establish an ongoing relationship
with a property (such as long term tenant based rental assistance program [Subpart M] or
transitional or permanent housing operated or administered by the SUBRECIPIENT), then the
SUBRECIPIENT shall provide a report to the CITY evidencing that SUBRECIPIENT and/or the
property owner(s), as applicable, has performed ongoing maintenance of the subject property.
Ongoing maintenance shall include evidence of an annual clearance certification of the subject
residential property conducted by a DHS certified technician to ensure that LBP hazard reduction
measures are maintained. All maintenance activities shall be conducted to ensure the threat of
LBP hazards is minimized.
(4) Recordkeeping under the LBP ReQs. The SUBRECIPIENT shall keep records of
distribution of notifications, all visual assessment, evaluations, inspections, repairs, and any other
lead hazard evaluation, reduction, safe work practices, and clearance activities.
(a) The SUBRECIPIENT shall keep records evidencing distribution of all lead
hazard information pamphlet(s).
(b) The SUBRECIPIENT shall keep records evidencing each LBP evaluation
report, LBP hazard reduction documentations, (such as job specifications), and all clearance or
abatement report(s).
(c) The SUBRECIPIENT shall keep ongoing maintenance records and recorch of
relevant building operations for use during reevaluations of subject property for LBP and/or LBP
hazards.
Such records shall be maintained for not less than longer of
(A) three (3) years after the activities cease or (B) the period
required by applicable program regulations. Under the CDBG
REGS records shall be retained for not less than four (4) years after
the activities cease.
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2. The SUBRECIPIENT shall provide a copy of any of the
above records to the CITY or to HUD upon request of either or
both.
(d) Tracking Report. If the SUBRECIPIENT has provided, or is providing, rental
assistance payments directed to a housing unit or housing units for more than 100 days, or it is
anticipated that during the last quarter of funding that such rental assistance payment will be for
more than 100 days, then the April 15 quarterly report shall contain information and evidence of
compliance with the requirements herein relating to tracking of housing units, cumulative days of
rental assistance, proper notifications to occupants and owners, HQS inspection, visual
assessment, work write-up, stabilization and clearance of LBP and LBP hazards, if any. The
proposed form of such tracking information is attached hereto as Attachment No. 5 and fully
incorporated by this reference. hi the event such April 15 quarterly report does not fully satisfy
the reporting requirements set forth herein and in the LBP Regs, then the final installment
payment of the CDBG FUNDS shall be withheld from disbursement to SUBRECIPIENT.
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 are 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,
except as hereinafter provided relating to retention of any records or documentation existing,
created, or maintained in compliance with Title X or the LBP Regs. 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. All records relating to,
or created or maintained in compliance with, Title X and/or the LBP Regs shall be retained and
maintained by SUBRECIPIENT indefinitely, including without limitation, all inspection
report(s), disclosure statement(s), and clearance report(s). 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.
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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,
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 are rendered in its capacity as an independent contractor and that it is in no
way an agency of CITY.
P. Violation of Terms and Conditions. SUBRECIPIENT agrees that if
SUBRECIPIENT violates any of the terms and conditions of this Agreement or any prior
Agreement whereby CDBG funds were received by SUBRECIPIENT, or if SUBRECIPIENT
reports inaccurately, or if on audit there is a disallowance of certain expenditures, SUBRECIPIENT
agrees to remedy the acts or omissions causing the disallowance and repay CITY all amounts spent
in violation thereof. If SUBRECIPIENT engaged in 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. Euuipment. 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
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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 attempfing 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
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 include 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
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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 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.
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 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 Five
Thousand Dollars ($5,000 ) 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, and in
compliance with Title X and the LBP Regs.
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 grants and subgrant supported activities to assure
15
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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 SFR 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.
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 576.5 and OMB
Circulars 1-102 and A-1107, 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 570.2000):
A . SUBRECIPIENT shall not discriminate against any employee or applicant for
employment on the basis of religion and shall not limit employment or give preference in
employment to persons on the basis of religion.
B. SUBRECIPIENT shall not discriminate against any person applying for the services
SUBRECIPIENT agrees to provide under the terms of this Agreement on the basis of religion and
shall not limit such services or give preference to applicants for such services on the basis of
religion.
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C. SUBRECIPIENT shall NOT provide religious instruction or counseling, conduct
any religious worship or services, or engage in any religious proselytizing, or exert any religious
influence in the provision of the services in said program. The parties agree that this covenant is
intended to and shall be construed for the limited purpose of assuring compliance with respect to the
use of CITY funds by SUBRECIPIENT with applicable constitutional limitations respecting the
establishment of religion as set forth in the establishment clause under the First Amendment of the
United States Constitution and Article I, Section 4 of the California Constitution, and is not in any
manner intended to restrict other activities of SUBRECIPIENT.
D. Where the services to be provided under said program are rendered on property
owned by the primarily religious entity SUBRECIPIENT, CDBG funds may also be used for minor
repairs to such property which are directly related to the cost of rendering the services under said
program, where the cost constitutes in dollar terms only an incidental portion of the CDBG
expenditure for rendering the services under said program.
VI.
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: Women's Transitional Living Center, Inc
P.O. Box 6103
Orange, CA 92863
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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.
SUBRECIPIENT 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 SUBRECIPIENT, its
officers, directors, employees, agents, subcontractors and suppliers arising out of
SUBRECIPIENT's performance of this Agreement.
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 insureds; (2) be primary with respect to
insurance or self-insurance programs maintained by the CITY; (3) contain standard separation of
insureds provisions; and (4) give to CITY prompt and timely notice of claim made or suit
instituted arising out of SUBRECIPIENT's operations hereunder.
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SUBRECIPIENT shall: (a) prior to exercising any right under this Agreement,
famish 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.
Xl. REVERSION OF ASSETS
A. Upon the expiration of this Agreement, SUBRECIPIENT shall transfer to CITY any
CDBG funds on hand at the time of the expiration of this Agreement as well as any accounts
receivable attributable to the use of CDBG funds. (24 CFR 570.503(b)(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:
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 finther instruments, documents and agreements as may be
necessary, in the sole and absolute discretion of CITY, to vest in CITY all of SUBRECIPIENT's
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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
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
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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.
XIIL LIMITATION OF FUNDS
The United States of America, through HUD, may in the future place programmatic or fiscal
limitations on the use of CDBG funds which limitations are not presently anticipated. Accordingly,
CITY reserves the right to revise this Agreement in order to take account of actions affecting HUD
program funding. In the event of funding reduction, CITY may, in its sole and absolute discretion,
reduce the budget of this Agreement as a whole or as to costs category, may limit the rate of
SUBRECIPIENT's authority to commit and spend funds, or may restrict SUBRECIPIENT's use of
both its uncommitted and its unspent funds. Where HUD has directed or requested CITY to
implement a reduction in funding, in whole or as to a cost category, with respect to funding for this
Agreement, CITY's City Manager or delegate is authorized to act for CITY in implementing and
effecting such a reduction and in revising, modifying, or amending the Agreement for such
purposes. If such a reduction in funding occurs, SUBRECIPIENT shall be permitted to de -scope
accordingly. Where CITY has reasonable grounds to question SUBRECIPIENT's fiscal
accountability, financial soundness, or compliance with this Agreement, CITY may suspend the
operation of this Agreement for up to sixty (60) days upon five (5) days written notice to
SUBRECIPIENT of its intention to so act, pending an audit or other resolution of such questions.
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
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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 hereinbelow 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.
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.
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IN WUNESS WHEREOF, the parties hereto have executed this Agreement as of the last date and
year written below.
CITY OF SANTA ANA
1
DATED: ti
DAVID N. REAM
City Manager
ATTEST: APPROVED AS TO FORM:
JOSEPH W.FLETCHER
-� City Attorney
CC
PATRICIA E. HEALY By: LISA E. STORCK
Clerk of the Council Assistant City Attorney
SUBRECIPIENT:
DATE: `
lathy Strong
Director
Tax ID: 51-OL0(113
23
CITY OF SANA ANA
COMMUNITY DEVELOPMENT BLOCK GRANT
Scope of Work
Annual Accomplishment Goal
Total number of clients anticipated to be served during the 12-month contract period=
500 PERSONS
II. Total number of unduplicated Santa Ana residents to be served with grant funds during the
12-month contract period = 50 PERSONS 10% Santa Ana CDBG clients
IIl. 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.
WTLC will provide supportive services to at least 50 residents from the City of Santa Ana.
These supportive services include, but are not limited to: case management, counseling, shelter,
program placement, referral and resource assistance, 24/7 hotline, substance abuse treatment,
services designed to address high -risk behaviors (i.e., gang involvement, substance abuse,
violence/abuse) and health issues (i.e., immunizations, insurance, STD/AIDS, nutrition, health-
care homes and prenatal care), educational classes, a therapeutic children's program, legal
advocacy, and other services designed to increase independence and safety. The outcome goals
include: an increase in knowledge regarding the effects of high -risk behaviors on both self and
others in the home, a decrease in those same high -risk behaviors, and in increase in proactive
behaviors (established through preventative measures taken). The client population consists of
domestic violence victims and their children (if any). The clients may or may not have substance
abuse and/or mental health problems. Funds will be used to pay for salaries of program staff
providing direct services to clients.
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:
April 1 — June 30
Invoicing Schedule
12
Persons
10
Persons
17
Persons
11 Persons
Total 50 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
$
1,250
Quarter 2:
October 1 — December 31
$
1,250
Quarter 3:
January 1 — March 31
$
1,250
Quarter 4:
April 1 — June 30
$
1,250
Total
$
5,000
EXHIBIT A
CITY OF SANTA ANA
COMMUNITY DEVELOPMENT BLOCK GRANT
FINAL PROGRAM BUDGET
Organization Name: Women's Transitional Living Center. Inc. (WTLC)
Program Name: Supportive Services Program
Program Year:
EXPENDITURES
CATEGORY
SANTA ANA CDBG
OTHER
TOTAL PROGRAM
GRANT
RESOURCES
BUDGET
Administrative Staff
$0
$270,481
$270,481
Salaries & Benefits
Program Staff Salaries &
$5,000
$760,065
$765,065
Benefits
Office Supplies
$0
$15,900
$15,900
Rent/Lease
$0
$43,600
$43,600
Communications
$0
$15,070
$15,070
Utilities
$0
$31,000
$31,000
Contractual/Professional
3p(Clinical
Services
$0
Supervisor)
Supervisor)
$35,200
Please Specify)
Insurance
$0
$24,302
$24,302
Other (Please Specify)
1. Equipment
$0
$18,135
$18,135
2. Maintenance
$0
$7,400
$7,400
3. Security
$0
$4,269
$4,269
TOTAL
$5,000
$1,229,822
$1,234,822
OTHER PROGRAM RESOURCES
ACTUAL FUNDING SOURCE
AMOUNT
MCH/DHS
$125,043
OCJP
$190,353
Federal Grants
$76,130
CSA/County DV Program
$135,000
Local Grants
$120,000
Foundations/Corporations
$176,000
Program Revenue
$268,500
Private Donations
$139,796
TOTAL
1 $1,229,822
EXHIBIT B
Attachment 6
CDBG FUNDED PERSONNEL
ADMINISTRATIVE STAFF
Position
Title
Annual
Salary
Annual
Benefits
Total
Compensation
CDBG
Funds
Requested
% of Time
Position is
Dedicated
to
Pro ram
n/a
PROGRAM STAFF
Position
Title
Annual
Salary
Annual
Benefits
Total
Compensation
CDBG
Funds
Requested
% of Time
Position is
Dedicated
to
Program
Case Manager
$28,450
$10,242
$38,692
$5,000
13%
CONTRACT PERSONNEL
Position
Title
Annual
Salary
Annual
Benefits
Total
Compensation
CDBG
Funds
Requested
% of Time
Position is
Dedicated
to
Pro ram
n/a
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 Program Title
Name of Certifying Officer Signature Date
EXHBIT C
Page 1 of 2
24
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
25
,te,,4/16/2004 Time, 10,01 AM To: Thompkir- Carla 0 1-714-647-6549
Page: 002-011
ACOPQ CERTIFICATE uF LIABILITY INSURANCc
DATE (MMIDOIYIYI') rl
04/16/2004
PRODUCER (310) 393-9477 FAX (310) 393-7186
White & Company Insurance Inc
P O Box 70
Santa Monica, CA 90406-0070
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR I
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Daren O'Neill
INSURERS AFFORDING COVERAGE j NAIC#
INSURED Women' s Transition Living Center
PO BOX 6103
INSURER A'. Philadelphia Ins Co
INSURER 4_
Orange, CA 92863
NSURERC
NSURER D: --1---------- -
NSURERE. _ -- - -
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.
INSR
ADOI
HE
TYPE OF INSURANCE
POLNYMlABER
POLICY EFFECTIVE
DATE
POLICY EXPIRATION
DATE
LIMITS
EACH OCCURRENCE
1 1 OOO
GENERAL LIABILITY
PHPK076921
04/04/2004
O4/04/2005
COMMERCIAL GENERAL LIABILITY
DAMAGE TOR NTED
100, OW
CLAIMS MADE ❑ OCCUR
MEDEKP(Arryoneperson)
1 10 ,000
A
PERSONAL x ADV INJURI
1,000,0
GENERAL AGGREGATE
'6 2,000,000
GENL AGGREGATE LIMIT APPLIES PER
PRODUCTS-COMPIOPAGC-
_ _
1 2, 000
POLICY JECT"' LOC
—� ----
AUTO
MOBILE LIABILITY
PHPK076921
04/04/2004
04/04/2005
COMBINED SINGLE LIMIT
IPAacOtleM)
1
X
ANYAUTO
1,000, 000
BODILY Y UJPY
- - -
ALL OWNED AUTOS
A
SCHEDULED AUTOS
(Pe,persm)
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BODILYINJURY
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EXCESSILMBRELLALIABLITY
PHUB029035
O4/04/2004
O4/04/2005
EACH OCCURRENCE
1 2.000.0001
X OCCUR CLAIMS MADE
AGGREGATE
1 2,00 0,
A
- --
1
DEDUCTIBLE
-I
8 I
RETENTION S
i
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-
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1
ANIYPROPRETORIPARTNEREXECUOVE
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E L. DISEASE - POLNJY LIMB
8
SPECIAL PROVISIONS below
OTHER
t
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENTI SPECIAL PROVISIONS
ity of Santa Ana, its officers, agents, employees, and volunteers are additional insureds as per fo
I-NP-003 (05/01) Item M - Funding Source and Primary Insurance as per form CGOO 01 07 98, both
attached to the general liability policy and accompanying this certificate.
*Except for 10 days Written notice of cancellation for non-payment of premium.
IS CERTIFICATE SUPERSEDES & CORRECTS PRIOR CERTIFICATE ISSUED 4/13/04 TO THIS CERTIFICATE HOLDER. i
City of Santa Ana - CDBG M-25
Attn: Carla Thompkins
P.O. Box 1988 M-25
Santa An, CA 92702
ACORD25(2o01/o8) FAX: (714)647-6549
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL 1N5YM)()06WL
30* DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
IDDEIfD(1�IYxvw-vwjwyxmxyxow 4KDHOC?(1fd"XxwotXXXXX
AUDIORRED
OACORD CORPORATION 1988
�tet,9/16/a004 Time: 10e01 7�6 To, Thomp lr Carla ® 1-714-647-6549
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
it
I
I
i
i
I
i
I
i
i
AWKU 2D (XW11O3)
Lte:,4/16/2004 Time, 10,01 AM To, Thommkira. Carla ® 1-714-647-6549 Page: 004-011
PI-NP-003 (5/01)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
GENERAL LIABILITY DELUXE ENDORSEMENT
It is understood and agreed that the following extensions only apply in the event that no other specific
coverage for the indicated loss exposures are provided under this policy. If such specific coverage applies,
the terms, conditions and limits of that coverage are the sole and exclusive coverage applicable under this
policy.
Throughout this endorsement the words you" and your"refer to the Named Insured shown in the
Declarations. The words '1ve",'us" and mourn refer to the Company providing this insurance.
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE
The following is a summary of the Limits of Insurance and additional coverage provided by this
endorsement. For complete details on specific coverages, Consult the policy contract wording.
A. Medical Payments - Limit increased to $15,000;
B. Supplementary Payments - Ball bonds increased to $2,5tX1Uss of earnings increased to $500 each
day:
C. Tenant's Legal Liability - for Fire, Ughtning, Explosion, Smoke and Leaks from Sprinklers -
Limit increased to $3W, 000;
D. Broadened Definition of Who is An Insured;
E. Amended Duties In The Event Of Occurrence, Claim Or Suit;
F. Broadened definition of Advertising Injury - includes Televised Or Vdedaped Publication:
G. Amended definition of Bodily injury to include Mental Anguish:
H. Broadened definition of Personal Injury -includes Abuse of ProceaWdiacriimination;
I. Amended Unintentional Failure To Disclose Hazards;
J. Amended Liberalization Clause
K Added Employee Indemnification Defense Coverage — We will pay up to $25,000 in defense costs for
an "employee' in a criminal proceeding (subject to established cdede) ;
L 'Property Damage'- Removed exclusion for Property damage'resulting from the use of reasonable
force to prated persons or property;
M- Added blanket Additional Insured -Funding Source:
N. Added blanket Additional Insured - Managers or Lessors of Premises;
O. Added General Aggregate Limit Per location; ?
P- Non -awned Watercraft - coverage length is increased to 58 ft.:
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PI-NP-003 (5/01)
A. Medical Payments
If Medical Payments Coverage (Coverage C.) is not otherwise excluded from this Coverage Part:
1. The Medical Expense Limit is changed subject to all the terms of Limits Of Insurance (Section 111)
to the greater of:
a. $15,000; or
b. The Medical Expense Limit shown in the Declarations of this Coverage Part.
2. The requirement in the Insuring Agreement of Coverage C., that expenses must be incurred and
reported to us within "one year' of the accident date is changed to " three years."
3. Exclusion a. of Coverage C. at your option, does not apply to your volunteer workers or any
person or organization under your direct supervision and control.
B. Supplementary Payments
In the Supplementary Payments - Coverages A. and B. provision:
1. The limit for the cost of bail bonds is changed from $250 to $2,5W; and
2. The limit for loss of earnings is changed from $250 a day to $5W a day.
C. Fire, Lightning, Explosion, Smoke and Leaks from Sprinklers
If damage by fire to premises rented to you is not otherwise excluded from this Coverage Part, the
word " fire is changed to "fire, lightning, explosion, smoke, or leakage from automate fire protective
systems" where it appears in:
1. The Limits Of Insurance section of the Declarations as the Fire Damage Limit. That limit:
a. Is changed subject to all the terms of Limit Of Insurance (Section III) to the greater of-
0 -) $300.000, or
(2.) The amount shown in the declarations as the Fire Damage Limit.
b. Subject to a. above is the most we will pay to all damage proximately caused by the same
event, whether such damage results from fire, lightning, explosion, smoke, or leaks from
automatic fire protective systems or any combination thereof.
2. The last paragraph of Coverage A. (Section 1) after the Exclusions;
3. Paragraph 6. of Limits or Insurance (Section III);
4. Paragraph b.(1)(b) of the Other Insurance Condition (Section IVk and
5. Paragraph a. of the definition of "Insured contract"
D. Who is An Insured
Who is An Insured (Section II) is changed as follows:
1. If coverage for newly acquired or formed organizations is not otherwise excluded from this
Coverage Part. paragraph 4.o is changed to read:
a- Coverage under this provision is afforded until the end of the policy period-
2. Each of the following is also an insured:
a. At the first Named Insured's option, your volunteer workers; and
b. Your medical directors and administrators, but only while acting within the scope of and during
the course of their duties as such. Such duties do not include the furnishing or failure to
furnish professional services of any physician or psychiatrist in the treatment of a patient.
c- At the first Named Insured's option, any person or organization under your direct supervision
and control while providing for you private home respite or foster home care for the
developmentally disabled. However, the insurance afforded by b. above is excess over any
other insurance covering any person or organization under your direct control or supervision.
d. If you are an organization other than a partnership or joint venture, your managers and
supervisors are also insureds, but only with respect to their duties as your managers and
supervisors.
e. Any organization and subsidiary thereof which you control and actively manage on the
effective date of this Coverage Part.
However, the insurance afforded by e. above, for any organization and subsidiary thereof not
named in the Declarations as a Named Insured, does not apply to injury or damage with respect
to which an insured under this Coverage Part is also an insured under another policy, or would be
an insured under such policy but for its termination or the exhaustion of its limits of insurance.
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PI-NP-003 (5/01)
E, Duties In The Event Or Occurrence, Claim Or Suit
1. The requirement in condition 2.a. (Conditions, Section IV) that you must see to it that we are
notified as soon as practicable of an "occurrence" or on offense, applies only when the
"occurrence" or offense Is known to:
(a) You, if you are an individual;
(b) A partner, if you are a partnership; or
(c) An executive officer or Insurance manager, if you are a corporation.
2. The requirement in condition 2.b. that you must see to it that we receive notice of a claim or "suit"
as soon as practicable will not be considered breached unless the breach occurs after such claim
or "su'ir is known to:
(a) You, if you are an individual;
(b) A partner. if you are a partnership: or
(c) An executive officer or insurance manager, I you are a corporation.
F. Advertising injury -Televised Or Videotaped Publication
1. The definition of "Personal and advertising injury' hems 14. (d),(e),(f) and (g) is changed to read:
"Personal and Advertising injury' means injury arising out of one or more of the following
offenses:
d. Oral, written, televised or videotaped publication of material that slanders or libels a person or
organization or disparages a person's or organization's goods, products or services;
e. Oral, written, televised or videotaped publication of material that violates a person's right of
privacy:
f- Missapproprlation of advertising ideas or style of doing business; or
g. Infringement of copyright, title or slogan.
2. Exclusions a.(2) and a.(3) of Coverage B., Personal And Advertising Injury Liability, are changed
to read:
a. (2) Arising out of oral, written, televised or videotaped publication of material, if done by or at
the direction of the insured with knowledge of its falsity;
a. (3) Arising out of oral, written, televised or videotaped publication of material whose first
publication took place before the beginning of the policy period.
G. Bodily Injury - Mental Anguish
The definition of 'bodily Injury' Is changed to read:
"Bodily Injury":
a. Means bodily injury, sickness or disease sustained by a person, and includes mental anguish
resulting from any of these; and
b. Except for mental anguish, includes death resulting from the foregoing (item a. above) at any
time.
H. Personal Injury -Abuse Of Process/Discrimin2don
If Personal and Advertising Injury Liability Coverage (Coverage B.) is not otherwise excluded from this
Coverage Part:
1. The definition of "Personal and advertising injury' is changed by:
a. Revising item b. of that definition to read:
Malicious prosecution or abuse of process:
b. Adding the following:
"Personal Injury" also means discrimination based on race, color, religion, sex, age or national
origin, except when:
(1) Done Intentionally by or at the direction of, or with the knowledge or consent of:
(a) Any insured; or
(b) Any executive officer, director, stockholder, partner or member of the insured; or
(2) Directly or indirectly related to the employment, former or prospective employment,
termination of employment, or application for employment of any person or persons, by on,
insured: or
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PI-NP-003 (5101)
(3) Directly or indirectly related to the sale, rental, lease or sub -lease or prospective sales,
rental, lease or sub -lease of any room, dwelling or premises by or at the direction of any
insured; or
(4) Insurance for such discrimination is prohibited by or held in violation of law, public policy.
legislation, court decision or administrative ruling.
The insurance afforded by H.t.b. above does not apply to fines or penalties imposed because of
discrimination.
I. Unintentional Failure To Disclose Hazards
It is agreed that based on our reliance on your representations as to existing hazards, if you should
unintentionally fall to disclose all such hazards prior to the beginning of the policy period of this
Coverage Park we shall not deny coverage under this Coverage Part because of such failure.
J. Liberalization
If we revise this endorsement to provide more coverage without eddiitiornal premium charge, we will
automatically provide the additional coverage to all endorsement holders as of the day the revision is
effective in your state.
K. Employee indemnification Defense Coverage
Under SUPPLEMENTARY PAYMENTS — COVERAGES A AND B the following is added:
3. We will pay on your behalf defense costs incurred by an "employee" in a criminal proceeding.
However, you in ust have a prior written agreement with such "employee" whereby you agree to
indemnify the "employee' for such defense costs and the agreement includes a provision for
repayment of defense costs in the event of an adverse judgement.
The most we will pay for any "employes" who is alleged to be directly involved in a criminal
proceeding Is $25,000 regardless of the number of employees, claims or "suits" brought or persons
or organizations making daims or bringing "suits."
L. Extended "Property Damage"
SECTION 1— COVERAGES, COVERAGE A. 2. Exclusions a. is deleted and replaced by the
following:
a. Expected or Intended Injury
Bodily Injury" or "Property Damage" expected or intended from the standpoint of the insured. This
exclusion does not apply to `bodily injury" or "property damage" resulting from the use of
reasonable force to protect persons or property.
M. Additional Insured- Funding Source
Under SECTION 11- WHO IS AN INSURED the following is addded:
5. Any person or organization with respect to their liability arising out e..
a. Their financial control of you; or
b. Premises they own, maintain or control while you lease or occupy these premises.
This insurance does not apply to structural alterations, new construction and demolition operations
performed by or for that person or organization.
N. Additional Insured- Managers or Lessors of premises
Under SECTION II - WHO IS AN INSURED the following is added:
6. Any person or organization with respect to their liability arising out of the ownership, maintenance
or use of that part of the premises leased to you subject to the following additional exclusions:
This insurance does not apply to:
a. Any "occurrence" which takes place after you cease to be a tenant in that premises.
b. Structural alterations, new construction or demolition operations performed by or on behalf of
that person or organization.
i't
�Ae
O. General Aggregate Limit Per location
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Page: 008-ol,
PI-NP-003 (5/01)
SECTION III - Limits of Insurance, paragraph 2. is amended to the following:
The General Aggregate Limit is the most we will pay for the sum of:
a. Medical expenses under Coverage C;
b. Damages under Coverage A, except damages because of "bodily injury' or "property damage"
included in the "products -completed operations hazartl"; and
c. Damages under Coverage B.
A separate Location General Aggregate Limit applies to each "location", and that limit is equal to the
amount of the General Aggregate Limit shown In the Declarations.
SECTION V - DEFINITIONS, Is amended by adding the following:
"Location" means premises involving the same or connecting lots, or premises whose connection is
interrupted only by a street, roadway, waterway or right-of-wey of a railroad.
P. Non -owned Watercraft
SECTION 1— COVERAGES, 2.Exclusions, paragraph g. (2) is amended to read as follows:
(2) A watercraft you do not own that is:
(a) Less than 58 feet long; and
(b) Not being used to carry persons or properly for charge;
This provision applies to any person, who with your consent, either uses or is responsible far the use
of a watercraft.
This insurance is excess over any other valid and collectible insurance available to the insured
whether primary, excess or contingent.
!"
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,te,•4/l6/2VO4 Time, 10,01 AM To, Thompkf
02/03/2004 16:37 3103937186
Carla B 1-714-647-6549 Page: 009-o11
WHITE & CO PAGE 02/03
SECTION IV -COMMERCIAL GENERAL
LIABILITY CoNmoNs
t. 'Bankruptcy
:Bankruptcy or insolvency ,of the Insured or of the
•Insured's estate will not relreve us of our oblige-
tions tinder this Coverage Part.
a...:l7utiev In -The Ieimmt.of Occurrence; Offense,
..'-Claim Or Stilt
P. You must see to it that: we' are notified as soon
as practicable-- arr."oce rrrence" or an offense
which may result. in a'deim. To the extent
possible, nettle should Include:
(1')' Howwhen- and whe thin= "occurrence" or
offense took price;
(2) The names and addresses of any injured
persons andwitnersses; and
(a) The nature and location of any injury or
damage arising out of, the "occurrence" or
offense.
b. If a clam is made or `sun." is brought against
any lnsured; you must:
(1) Immediately record the specifics of the
claim or "sufr and the date received; and
(2) Notify us as soon as practicable.
You must see to it that we receive written no-
tice of the claim or "suit" as soon as practica-
ble.
c. You and any other involved insured must:
(1) Immediately send us copies of any de -
mends, notices, summonses or Iegai pa-
pers received in connection with the claim
or •surf%
(2) Authorize us to obtaln records and other
Information;
(3) Cooperate with us in the . investigation or
settlement of the claim or defense against
the "suft"; and
(4) Assist us, upon our request, In the en-
forcement of any right against any person
or organization which may be liable to the
insured because of injury or damage to
which this ,Insurance may also apply.
d. No Insured will, except at that insureds own
cast, voluntarily make a payment, assume any
obligation, or Incur any expense, other than for
first aid without our consent.
3. Legal Action Against Us
No person or organization has a right under this
Coverage Part;
a. To join us as a party or otherwise bring us into
a "suit" asking for damages from an insured; or
b.. To sue us on this. Coverage. Part unless all of
its terms have beerrfully'complied with.
A person or organization may, sue us to recover
on an agreed settlement or. on a final judgment
against an insured obtained after an actual trial;
but we will not be liable for damages that are not
payable under the terms of this Coverage:Part or
that are In excess of the, applicable limit of Insur-
ance. An agreed settlement means a settlement
and release of liabfllly� signed by us, the insured
and.the claimant or theclalmant's legal represen-
P s`tathie.
?& , Other lnsutance
if other valid and collectible insurance Is available
to the insured for a toes we cover under Cover-
ages A or B of this Coverage Part, our obligations
are limited as follows:.
a. Primary Insurance
This insurance Is primary except when b. be-
low applies. If this insurance is primary, our
obligations are not afjecteed unless env of the
other. insurance is also primary. Then, we will
share with all that other insurance by the
method described in c. below.
b. Excess insurance
This insurance is excess over
(1) Any of the other insurance, whether pri-
mary, excess, contingent or on any, other
basis:
(a) That is Fire, Extended Coverage,
Builder's Risk, Installation Risk of simi-
lar coverage for "your work";
(b) That 0 Fire insurance for premises
rented to you or temporarily occupied by
you with permission of the owner;
(o) That is insurance purchased by you to
cover your IlablIty, as a tenant for
property damage" to premises rented
to you or temporarily occupied by you
with permission of the owner; or
—. - (d) If the loss arises out of the maintenance
or use of aircraft, "autos" or watercraft
to the extent not subject to Exclusion g.
of Section I - Coverage A - Bodily In-
jury And Property Damage Liability.
(2) Any other primary insurance available to
you covering liability for damages arising
out of the premises or operations for which
you have been added as an additional in-
sured by attachment of an endorsement.
RI /
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Page: 010-011
02/08/2004 16:37
3103937186
.r.
When this insurance is excess, we will fmve.no
duty under Coverages A or 8 to. deferjd: ttr - h
sured agatrist any 'suit" ii any other insurer has
a duty to defend the insured against that'sul<".
If no other insurer defends, we will undertake
to do so, but we wiA be entitled to the irsured's
rights.againstaff those other insurers..,
When,.this insurance is excess ever other In-
surance, we ` AI pay only- our ehare'af the
amount of the -less, ff any; that exceeds the,
sum, of:
(1 -total amount that all such other !hour-
anoe. woukt pay for the loss in the absenca
of Oft insurance; and
.(2) The total of all deductible and self -insured
amounts urider all that other insurance.
We will share. the remaining lies, it arty; with
any'otherins6mricE that ls'not described In this
Euaess Insurance provision -and was not
bought .specifically to apply in excess of the
Limits of Insurance shown in the Declarations
of this.Coverage. Part. .
c, Method Of Sharing' .
If 4`bf this tither insiirarrpe .permits contribu-
tlon by equal shares, we witl follow this method
also: Under this approach each insurer con-
tributes equal amounts and It has paid its ap-
plicable limit of Insurance or none of the loss
remains, whichever comes first.
It. any of the -other Insurance does not permit
conlribution :by equal shares, we will contribute
by. limits. Under this method, each insurer's
shani Is based on the ratio of Its applicable
limit of insurance to the total applicable limits
of insurance of all insurers.
IL Premium Audit
a. We will compute all premiums for this Cover-
age Part in accordance with our rubs and
rates,
b. Premium shown In this Coverage Part as ad-
vance premium is a deposit premium only. At
the close of each audit period we will compute
the earned premium for that period. Audit
premiums are due and payable on notice to
the first Named Insured_ If the sum of the ad-
vance and audit premiums paid for the policy
period is greater than the earned premium, .we
will return the excess to the first Named In-
sured.
C. The first Named Insured must keep records of
the information we need for premium compu-
tation, grid send us copies at such times as we
may request:
WHITE & CO
PAGE 03/03
6. Repruentations
By acceoting.this policy; you agree,
a: The statements in the Declarations :are accu-
rate atidaomplete;
b. Those statements are based upon representa.
tions you:made to us; and
m We have. issued this policy in reliance upon
your representations_
7. Separstiow'OT Insureds
Except 'vrith `.respect to the. Limits, of ,Insurance,
and any rights or duties specifically assigned in
thb CovtfragdPart to the first Named.. Insured, this
insuranowappliae:
a. As If each Named Insured were the only
Named Insured: and
b. Separately to each insured against whom
Claim is made or "suit" Is brought.
& Transfer Of Rights Of Recovery Against
Others To Us
If the insured has rights°to recover all or.part bf
any payment we have made under this Coverage
Past, those rights are transferred to us. The in-
sured must do nothing after loss to impair them.
At our request, the insured will bring "suit" or
transfer those rights to us and help us enforce
them.
S. When We Do Not Renew
It we decide not to renew this Coverage Part, we
will mail or deliver to the first Named Insured
shown in the Declarations written notice. of the
nonrenewal not less than 30 days before the expi-
ration date.
If riotice is mailed, proof of mailing will be sufft-
ciem proof of notice.
SECTION V - DEFINITIONS
1. "Advertisement" means a notice that is broadcast
or published to the general public or specific mar-
ket segments about your goods, products of serv-
ices for the purpose of attracting customers or
supporters.
2. "Auto" means a land motor vehicle, trailer or
sernitraiier designed for travel on public roads, in-
cluding any attached machinery or equipment. But
"auto' does -not inlude "mobile equipment'.
S. "Bodily injury" means bodily injury, sickness or
disease sustained by a person, including death re -
suiting from any of these at any time.
4. "Coverage territory" means:
a. The United States of America (includng its
territories and possessions), Puerto Rico and
Canada;
Yip
Page 10 of 1s Copyright, Insurance Services Office, Inc., 1997 CG 00 01 07 98 1
:te: 4/16/2004 Time: 10,01 AN To: Thompkins, Carla 0 1-714-647-6549
Page: 011-011
ACORQ,
�,T DATE(MMIDDIM
..+ .... a..,.
, .,.. , ., ";?"' 04/16/2004
PRODUCER (310)393-9477 FAX (310)393-7186
THIS CERTIFICATE 13 ISSUED AS A MATTER OF INFORMATION
White & Company Insurance Inc
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE j
P 0 Box 70
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Santa Monica, CA 90406-0070
COMPANIES AFFORDING COVERAGE
COMPANY Philadelphia Ins Co
Attn Daren O'Neill Ext
166 A
MSURED
Women's Transitional Living Center
COMPANY
PO Box 6103
Orange, CA 92863
COMPANY
C
I
COMPANY
W go f
r'. tee,
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS.
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO - TYPE OF IRSURANCE POLICY NUMBER
LTR
-' POLICYEFFECTIVE - POLICY EXPIRATION
DATE(MNDDIYY) DATE POVDDIP/) COVERED PROPERTY LIMBS
X PROPERTY PHPK076921
04/04/2004'04/04/2005 X'BJwDING 1,400,000
CAUSES OF LOSS
: X PERSONAL PROPEPY 150,000
BASIC
X BUSINESS INCOME H 675,000
BROAD
EKTRA EXPENSE 8
A X SPECIAL
BLANKET BUILDING 'd
EARTHQUAKE
: BLANKET PERS PROP f
,.._..... FLOOD
-
BLANKET BLD53 PP
X Replacement Cost
s
RA -AND MARINE
A
TYPE OF POLICY
CAUSES OF LOSS
i !
NAMED PERILS
-f j
OTHER
�
CRIME
TYPE OF POLICY
..._ BOILER a1MCHNNERY
{
f
_.
OTTER
a
LOCATION OF PREMISESIDESCRPTQN OF PROPERTY
-
SPECIAL CONDITIONSA1THER COVERAGES
roof of Insurance.
*Except for 10 days written notice of cancellation for non-payment of premium.
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL iN6XiPiN )UWIL
City of Santa Ana - CDBG M-25
30 DAYS WRITTEN NOTIOETO THE CERTIFICATE HOLDER NAMED TOTHE LEFT,
Attn: Carla Thompkins
M7tXlIDUiKiDYVOiwmwwxxxx*mO7i(aHC1CXdtliD0l0VOMXXXXX
P.O. Box 1988 M-25
C(iomyHDOUfX**XdOUMfXWXAOfEXdgliNtXwf xxxxXXXXXX
Santa Ana, CA 92702
AUTHORIZED REPRESENTATIVE
rn
Kathleen Benner/KJB
CORD CORPORATIOt4 i99
y,.