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HomeMy WebLinkAboutVietnamese Community O.C. 3_ _ c2ex�So AGREEMENT TERMINATION Please complete this form when the attached agreement is no longer in effect. Return form to the Sr. Deputy Clerk of the Council (M-30). Call 647-5238 if you have any questions. The agreement with No. A-ZoGS-ale-oY,�- was completed on ( ma 5 0 0 and final payment has been made. Department: Signature: OO v Date: g l � )0 44, City of Santa Ana Revised 8-7-03 Clerk of the Council A-2005-078-045 INSURANCE N05 ON d"L WORK MAY N_OT PROCEED 5105 CLERK OF COUNCIL DATE:8/19105 AGREEMENT BETWEEN THE CITY OF SANTA ANA AND VIET-NAMESE COMMUNITY OF ORANGE COUNTY INC FOR USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS This Agreement, is hereby made and entered into this loth day of June, 2005, by and between the City of Santa Ana, a charter city and municipal corporation of the State of California ("CITY") and Viet-namese Community of Orange County, 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. SUBRECIPIENT agrees that it will adhere to the performance measurements and outcomes as indicated on Exhibit B (Scope of Work). Failure to follow the measurements and meet the stated outcomes may constitute breach of contract that could result in termination of this Agreement or serve as reason for the City to recapture the grant funds awarded to SUBRECIPIENT pursuant to this Agreement. E. 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: 01 5105 I. SUBRECIPIENT'S OBLIGATIONS A. Non -Profit Status - Representations and Warranties (a) Authority. SUBRECIPIENT is a duly organized and existing non-profit corporation in good standing and authorized to do business under the laws of the State of California. SUBRECIPIENT has full right, power and lawful authority to accept the funding hereunder and to undertake all obligations as provided herein and the execution, performance and delivery of 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. (d) No Conflict. To the best of SUBRECIPIENT'S knowledge, SUBRECIPIENT'S execution, delivery and performance of its obligations under this Agreement will not constitute a default or a breach under any contract, agreement or order to which SUBRECIPIENT is a party or by which it is bound. (e) No Bankruptcy. SUBRECIPIENT is not the subject of any current or threatened bankruptcy proceeding. (f) No Pending Legal Proceedings. SUBRECIPIENT is not the subject of a current or threatened litigation that would or may materially affect SUBRECIPIENT'S performance under this Agreement. (g) Application Veracity. All provisions of and information provided in SUBRECIPIENT'S application for funding submitted to CITY including any exhibits are true and correct in all material respects. (h) No Pending Investigation. SUBRECIPIENT is not aware that it is the subject of any current or threatened criminal or civil action investigation by any public agency, including without limitation a police agency or prosecuting authority, that would relate to affect performance of the Agreement or provision of services hereunder. B. Amount of Grant and Quarterly Disbursement. The amount granted to SUBRECIPIENT is S 15,000("CDBG FUNDS"), and such funds shall be expended by SUBRECIPIENT on or before June 30, 2006. The CDBG FUNDS shall be disbursed by CITY to SUBRECIPIENT on a quarterly basis (October, January, April and July) subject to and upon 5105 receipt and approval of a complete quarterly activity report from SUBRECIPIENT, with the final payment subject to the satisfaction of the condition precedent of submittal of complete reporting information due on or before July 15 of the applicable funding year, as hereinafter more fully set forth. SUBRECIPIENT shall be obligated to perform such duties as would normally extend beyond the term, including but not limited to obligations with respect to indemnification, audits, reporting, data retention/reporting, and accounting. C. Use of Funds. SUBRECIPIENT agrees to use all federal funds provided by CITY to SUBRECIPIENT pursuant to this Agreement to operate said program, as set forth in "Exhibit A," attached hereto and by this reference incorporated herein. SUBRECIPIENT'S failure to perform as required may, in addition to other remedies set forth in this Agreement, result in readjustment of the amount of funds CITY is otherwise obligated to pay to SUBRECIPIENT hereunder. D. Allowable Costs. SUBRECIPIENT agrees to complete said program on or before June 30, 2006 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. Senaration 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 3 5105 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 and Budget. SUBRECIPIENT shall provide CITY with a copy of said audit by October 1 of the year following the program year in which this Agreement is executed. 1. Record 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 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. (2) Reports (i) Payment Request. Concurrently with the submittal of each quarterly report, on or before the 15th day of October, January, April and July, SUBRECIPIENT shall submit both: an original invoice and true copies of invoices, receipts, agreements, copies of any and all contracts or documentation pertaining to costs for subcontractors or other documentation supporting and t! 5/05 evidencing how the CDBG FUNDS have been expended during the applicable quarter. (ii) Quarterly Activity Report: SUBRECIPIENT agrees to keep monthly records of all ethnic and racial statistics of persons and families benefited by SUBRECIPIENT in the performance of its obligations under this Agreement, including, but not limited to, the number of low and moderate income persons and households assisted in accordance with federal income limits, the number of female heads of households assisted, new program information and year-to- date program statistics on expenditures, caseload and activities. J. Access to Records. CITY and the United State Government and/or their representatives shall have access for purposes of monitoring, auditing, and examining SUBRECIPIENT's activities and performance, to books, documents and papers, and the right to examine records of SUBRECIPIENT's subcontractors, bookkeepers and accountants, employees and participants in regard to said program. CITY and the United States Government and/or their representatives shall also schedule on -site monitoring at their discretion. Monitoring activities may also include, but are not limited to, questioning employees and participants in said program and entering any premises or any site in which any of the services or activities funded hereunder is conducted or in which any of the records of SUBRECIPIENT are kept. Nothing herein shall be construed to require access to any privileged or confidential information as set forth in federal or state law. K. Location of Records/Required Length of Record Keeping. All accounting records, reports, and evidence pertaining to all costs, expenses and the CDBG FUNDS of SUBRECIPIENT and all documents related to this Agreement shall be maintained and kept available at SUBRECIPIENT'S office or place of business for the duration of the Agreement and thereafter for five (5) years after completion of an audit in conformity with the CDBG REGS's. Records which relate to (a) complaints, claims, administrative proceedings or litigation arising out of the performance of this Agreement, or (b) costs and expenses of this Agreement to which CITY or any other governmental agency takes exception, shall be retained beyond the five (5) years until complete resolution or disposition of such appeals, litigation claims, or exceptions. In the event SUBRECIPIENT does not make the above -referenced documents available within the city of Santa Ana, California, SUBRECIPIENT agrees to pay all necessary and reasonable expenses incurred by CITY in conducting any audit at the location where said records and books of account are maintained. L. Compliance with Law/Proeram 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. 5 5/05 M. Standin¢. SUBRECIPIENT shall be in good standing, without suspension by the California Secretary of State, Franchise Tax Board and Internal Revenue Service. Any change in the corporate status or suspension of SUBRECIPIENT shall be reported immediately to CITY. N. Confidentiality. Without prejudice to any other provisions of this Agreement, SUBRECIPIENT shall, where applicable, maintain the confidential nature of information provided to it concerning participants in accordance with the requirements of federal and state law. However, SUBRECIPIENT shall submit to CITY and or HUD or its representatives, all records requested, including audit, examinations, monitoring and verifications of reports submitted by SUBRECIPIENT, costs incurred and services rendered hereunder. O. Independent Contractor. SUBRECIPIENT agrees that the performance of obligations hereunder is rendered in its capacity as an independent contractor and that it is in no way an agency of CITY. P. Violation of Terms and Conditions. SUBRECIPIENT agrees that if SUBRECIPIENT violates any of the terms and conditions of this Agreement or any prior Agreement whereby CDBG funds were received by SUBRECIPIENT, or if SUBRECIPIENT reports inaccurately, or if on audit there is a disallowance of certain expenditures, SUBRECIPIENT agrees to remedy the acts or omissions causing the disallowance and repay CITY all amounts spent in violation thereof. If SUBRECIPIENT engaged in fraudulent activity to obtain and/or justify expenditure of the CDBG funds granted hereunder, SUBRECIPIENT shall be required to reimburse the CITY of all such funds that were obtained/spent under fraudulent circumstances. Q. Equipment. SUBRECIPIENT agrees to maintain a record for each item of non - expendable personal property acquired under the terms of this Agreement. Said record shall be made available to CITY upon request. The term "non -expendable personal property" shall include leased and purchased equipment. R. Prohibited Use. SUBRECIPIENT hereby certifies and agrees that it will not use funds provided through this Agreement to pay for entertainment, meals or gifts. S. Lobbying. SUBRECIPIENT certifies that it will comply with federal law (31 U.S.C. 1352) and regulations found at 24 CFR Part 87, which provide that no appropriated funds may be expended by the recipient of a federal contract, grant, loan or cooperative agreement to pay any person for influencing or attempting to influence an officer or employee of any agency, Member of Congress, or an officer or employee of a Member of Congress in connection with awarding of any federal contract, the making of any federal grant or loan, entering into any cooperative agreement and the extension, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. SUBRECIPIENT shall sign a certification to that effect in a form as set forth in "Exhibit C," attached hereto and by this reference incorporated herein. SUBRECIPIENT shall submit said signed certification to CITY prior to performing any of its obligations under this Agreement and prior to any obligation arising on the part of CITY to pay any sums to SUBRECIPIENT under the terms and conditions of this Agreement. ri 5105 If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit a "Disclosure Form to Report Lobbying," in accordance with its instructions (see C-1). T. Financial Interest. SUBRECIPIENT agrees that except for the use of CDBG funds 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 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. 7 5/05 b) Notify appropriate officials of SUBRECIPIENT and CITY officials of any criminal drug statute conviction for a violation occurring in the workplace not later than five days after such conviction. 3. The CITY and the United State Department of Housing and Urban Development will be notified within ten days after receiving notice of any such violation. 4. Within 30 days of receiving such notice, appropriate personnel action will be taken against such employee, up to and including termination. 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 2005-2006 CDBG program year amounts expended by SUBRECIPIENT in carrying out said program for fiscal year 2005-2006 pursuant to this Agreement up to a maximum aggregate payment of Fifteen Thousand Dollars ($ 15,000) in installments determined by CITY. Payments shall be made to SUBRECIPIENT through the submission of invoices on a quarterly basis (October, January, April and July) in a form prescribed by CITY, detailing such expenses. CITY shall pay such invoices within thirty (30) days after receipt thereof provided CITY is satisfied that such expenses have been incurred and documented within the scope and provisions of this Agreement and that SUBRECIPIENT is in compliance with the terms and conditions of this Agreement. B. Audit of Account. CITY shall include an audit of the account maintained by SUBRECIPIENT in CITY's annual audit of all CDBG FUNDS in accordance with Title 24 of the Code of Federal Regulations and other applicable federal laws and regulations. C. Common Rule: Pursuant to CFR 85.40(a), the CITY manages the day-to-day operations of each grant and subgrant supported activities. CITY staff has detailed knowledge of the grant program requirements and monitors grant and subgrant supported activities to assure compliance with Federal requirements. Such monitoring covers each program, function and activity and performance goals are reviewed periodically. D. Environmental Review: hi accordance with 24 CFR 58, the CITY is responsible for undertaking environmental review and maintaining environmental review records for each applicable project. E. Performance Monitoring: CITY shall monitor the performance of the SUBRECIPIENT against goals and performance standards required herein. Substandard performance as determined by the CITY will constitute non-compliance with this Agreement. If action to correct such substandard performance is not taken by the SUBRECIPIENT within a 8 5105 reasonable period of time after being notified by the CITY, contract suspension or termination procedures will be initiated. III. NONDISCRIMINATION SUBRECIPIENT agrees that no person on the ground of race, age, color, national origin, religion or sex will be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with CDBG funds. IV. CONFLICT OF INTEREST Pursuant to the conflict of interest requirements set forth in 24 CFR 576.57 and OMB Circulars 1-102 and A-110, SUBRECIPIENT agrees that no officer, employee, agent or assignee of CITY having direct or indirect control of any CDBG monies granted to the CITY, inclusive of the subject CDBG FUNDS, shall serve as an officer of SUBRECIPIENT. Further, any conflict or potential conflict of interest of any officer of SUBRECIPIENT shall be fully disclosed in writing prior to the execution of this Agreement and said writing shall be attached and deemed fully incorporated as a part hereof. Notice shall be sent by SUBRECIPIENT to CITY regarding any changes or modifications to its board of directors and list of officers. V. SPECIAL CERTIFICATION FOR RELIGIOUS ENTITIES If SUBRECIPIENT is a religious entity, SUBRECIPIENT hereby agrees that in connection with the provision of the services SUBRECIPIENT shall provide with CDBG funds, in accordance with 24 CFR 570.2000): A. SUBRECIPIENT shall not discriminate against any employee or applicant for employment on the basis of religion and shall not limit employment or give preference in employment to persons on the basis of religion. B. SUBRECIPIENT shall not discriminate against any person applying for the services SUBRECIPIENT agrees to provide under the terms of this Agreement on the basis of religion and shall not limit such services or give preference to applicants for such services on the basis of religion. C. SUBRECIPIENT shall NOT provide religious instruction or counseling, conduct any religious worship or services, or engage in any religious proselytizing, or exert any religious influence in the provision of the services in said program. The parties agree that this covenant is intended to and shall be construed for the limited purpose of assuring compliance with respect to the use of CITY funds by SUBRECIPIENT with applicable constitutional limitations respecting the establishment of religion as set forth in the establishment clause under the First Amendment of the United States Constitution and Article I, Section 4 of the California Constitution, and is not in any manner intended to restrict other activities of SUBRECIPIENT. 5/05 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: Vietnamese Community of Orange County 1618 S. Ist St. Santa Ana, CA 92703 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. 10 5105 IX. HOLD HARMLESS SUBRECIPIENT shall indemnify, defend and save harmless CITY, its officers, employees, agents, representatives and volunteers from and against any and all damages to or for loss of use of property and for injuries to or death of any person or persons, including property and employees or agents of CITY, and shall defend, indemnify and save harmless CITY, its officers, employees, agents, representatives and volunteers from and against any and all claims, demands, suits, actions or proceedings of any kind or nature, including, but not by way of limitation, workers compensation claims and including attorney fees and reasonable expenses for litigation or settlement, resulting from or arising out of the negligent or wrongful acts, errors or omissions of SUBRECIPIENT, its officers, directors, employees, agents, subcontractors and suppliers arising out of SUBRECIPIENT's performance of this Agreement. X. INSURANCE A. In accordance with the provisions of Section 3300 of the Labor Code, if SUBRECIPIENT has any employees it is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing performance of this Agreement, SUBRECIPIENT agrees to obtain and maintain employer's liability insurance with limits not less than $1,000,000 per accident. If SUBRECIPIENT has no employees, nor workers' compensation coverage, it must execute a Declaration available from the CITY, and update as is necessary. B. SUBRECIPIENT shall undertake self-insurance, or shall obtain, at its sole cost, a policy or policies of commercial general liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall: (1) name the City of Santa Ana, its officers, agents, representatives, employees and volunteers as additional insured's; (2) be primary with respect to insurance or self-insurance programs maintained by the CITY; (3) contain standard separation of insured's provisions; and (4) give to CITY prompt and timely notice of claim made or suit instituted arising out of SUBRECIPIENT's operations hereunder. SUBRECIPIENT shall: (a) prior to exercising any right under this Agreement, furnish properly executed certificates of insurance and additional insured endorsement to the CITY which shall clearly evidence all coverages required above; (b) provide that such insurance shall not be materially changed or terminated except on 30 days prior written notice to the CITY; (c) maintain such insurance for the period covered by this Agreement; and (d) replace such certificates for policies expiring prior to the expiration of this Agreement. XI. REVERSION OF ASSETS A. Upon the expiration of this Agreement, SUBRECIPIENT shall transfer to CITY any CDBG funds on hand at the time of the expiration of this Agreement as well as any accounts receivable attributable to the use of CDBG funds. [24 CFR 570.503(b)(8).] 11 5105 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 further instruments, documents and agreements as may be necessary, in the sole and absolute discretion of CITY, to vest in CITY all of SUBRECIPIENT's right, title and interest (if any it may have) in and to CITY, CDBG or other federal, state and/or local accounts or program funds or allocation of funds to which CITY is or may be entitled, either for its own account or as fiduciary or trustee for others, which were obtained for the purpose of the performance of this Agreement or any previous agreements relating to the same subject matter or activities as this Agreement, together with any instruments, loans, grants or advances by SUBRECIPIENT on behalf of CITY, in furtherance of the activities hereunder or thereof. SUBRECIPIENT's obligations and responsibilities set forth in this paragraph "XI. REVERSION OF ASSETS." and in paragraph "XII. TERMINATION" and other requirements pertaining to program income shall not be affected by the termination of this Agreement and shall survive the date of termination of this Agreement for such period of time as CITY and/or HUD deems necessary for the responsibilities, duties and obligations to be performed and completed to the satisfaction of CITY and HUD. 12 5105 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 therein. F. In the event this Agreement is terminated as set forth in subparagraphs XII.A. through XII.E., inclusive, SUBRECIPIENT agrees to immediately return to CITY upon CITY's demand and prior to any adjudication of SUBRECIPIENT's rights, any and all funds not used, and to comply with paragraph "XI. REVERSION OF ASSETS" of this Agreement. XIII. LIMITATION OF FUNDS The United States of America, through HUD, may in the future place programmatic or fiscal limitations on the use of CDBG funds which limitations are not presently anticipated. Accordingly, CITY reserves the right to revise this Agreement in order to take account of actions affecting HUD program funding. In the event of funding reduction, CITY may, in its sole and absolute discretion, 0991 5105 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 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. XVIL MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall 14 5105 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. 15 5105 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the last date and year written below. ATTEST: PATRICIA E. HEAL Clerk of the Council APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: LISA E. STORCK Assistant City Attorney DATE: G I a S (O 5 16 CITY OF SANTA ANA DAVID N. REAM City Manager SUBRECIPIENT: 1 � N e: Mai Cong Title: President Tax ID: 95-3403526 CITY OF SANA ANA Community Development Block Grant Scope of Work Annual Accomplishment Goal Total number of clients anticipated to be served during 12-month contract period= 52 PERSONS II. Number of unduplicated Santa Ana residents to be served with grant funds during the 12- month contract period = '51 PERSONS III. Indicate below one City performance outcome that the sub -recipient will be tracking with a check mark in the appropriate box. COMMUNITY PRIORITY NEEDS: Public Services -Youth Services Activity/Program Outcome Tracking Goal Youth Services 1. Track improvement in pre -test, 1. For education -based programs, post-test scores, improve pre -test post-test scores by 5O%. 2. Track number of individuals exposed to the fipe arts. f l 3. Track children/youth seeking "-T referrals that were linked to the services Low- and Moderate -Income Track program participants that were Services linked to services sought. IV 2. Provide opportunities for exposure to the fine arts. 3. 90% of children/youth seeking referrals will be linked to the services vino or program participants will be linked to services sought. 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. Ex. A CITY OF SANTA ANA Community Development Block Grant Scope of Work Program Year: 2005-2006 Annual Accomplishment Goal 1. Total number of clients anticipated to be served during the 12-month contract period — 52 Persons II. Total number of unduplicated Santa Ana residents to be served with grant funds during the 12- month contract period = 52 Persons III. Description of Work: The Vietnamese Community of Orange County plans to continue our Southeast Asian Youth Gang & Crime Prevention/ Intervention Program services to the residents of Santa Ana. The program has been active for over six years with many successful outcome and benefit to the community. This program would include bringing youth counseling services to at -risk and probation youth at local Santa Ana schools, alternative schools, and Orange County juvenile detention camps. The primary goal of the program is to prevent the number of Southeast Asian youth from further gang involvement, to reduce the recidivism rate of SEA repeated incarcerated offenders, and to increase parental understanding and communication with children in the SEA community. Our target populations are low-income Southeast Asian youth age 12 through 18 years old. Each client would receive a minimum of four to eight crime intervention workshops and counseling. The staffs will work with parent educators to assist them in holding workshops for the parents of the at -risk youth. These workshops help parents to understand their child more and the new community and culture that they are in. Our youth counselor will continue to work with the Orange County Probation Department to accept referral for counseling services to youth on probation and with minor offense. The grant will be utilized to pay for our youth staff including transportation fee to the local sites and administration work. 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 13 Persons Quarter 2: October I — December 31 13 Persons Quarter 3: January 1 — March 31 13 Persons Quarter 4: April 1 — June 30 13 Persons Total 52 Persons Invoicing Schedule 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 Quarter 2: October 1 — December 31 Quarter 3: January I — March 31 Quarter 4: April 1 — June 30 $ 3,750 $ 3,750 $ 3,750 $ 3,750 Total $ 15,000 EXHIBIT A Attachment 6 2005-2006 CITY OF SANTA ANA COMMUNITY DEVELOPMENT BLOCK GRANT FINAL PROGRAM BUDGET Organization Name: Vietnamese Community of Orange County. Inc. (VNCOC) Program Name: Southeast Asian Youth Gann/ Crime Prevention/ Intervention EXPENDITURES CATEGORY SANTA ANA CDBG OTHER TOTAL PROGRAM GRANT REQUESTED RESOURCES BUDGET Administrative Staff $ 2 690 $ 2,690 Salaries & Benefits Program Staff Salaries & 8,900 8,900 Benefits Office Supplies N/A N/A Rent/Lease N/A N/A Communications 780 780 Utilities 696 696 Contractual/Professional N/A N/A Services Travel Ex enses 558 558 Insurance 420 420 Other: 1. Equipment Rental 756 756 2. Audit Fee 200 200 TOTAL $15,000 $ 15,000 PROGRAM RESOURCES SOURCE AMOUNT N/A $ TOTAL $ Ex. 8 Name of Organization: Vietnamese Community Of Orange County, Inc. CDBG FUNDED PERSONNEL ADMINISTRATIVE STAFF Position Title Annual Salary Annual Benefits Total Compensation CDBG Funds Requested % of Time Position is Dedicated to Program Accountant 45,600 8,208 53,808 2,690 5% PROGRAM STAFF Position Title Annual Salary Annual Benefits Total Compensation CDBG Funds Requested % of Time Position is Dedicated to Program Counselor 26,400 4,752 31,152 8,900 30% CONTRACT PERSONNEL Position Title Annual Salary Annual Benefits Total Compensation CDBG Funds Requested % of Time Position is Dedicated to Program N/A FROM :CITY OF SANTA ANA CDA FAX NO. :714 647-6736 Aug. 02 2005 10:19AM P2 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 Forrtt-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. ViQ{namese hrnm. c0.(b- . S C. LDe)CT Grantee/Contactor Organization Program Title A' CaNCr i//^/A //� s 9nIto s Name of Certifying Officer EXHIBTf C Page 1 of 2 Date 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 REQUEST COUNCIL FOR ACTION CITY COUNCIL MEETING DATE: MARCH 7, 2005 TITLE: PUBLIC HEARING - COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FISCAL YEAR 2005-2006 CITY MANAGER RECOMMENDED ACTION �pocaUon �,� CLERK OF COUNCIL USE ONLY: APPROVEED� Ley ns Recommended ❑ As Amended ❑ Ordinance on 151 Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUEDTO 4-q-. :5 FILE NUMBER A-2005-078-045 1. Approve the proposed fiscal year 2005-2006 Community Development Block Grant Program. 2. Authorize the City Manager to submit the approved program to the United States Department of Housing and Urban Development for the City's fiscal year 2005-2006 allocation of Community Development Block Grant funds, and execute the grant agreement with the United States Department of Housing and Urban Development. 3. Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute agreements with nonprofit agencies and/or subrecipients awarded funds as part of the approved program. HUMAN RELATIONS COMMISSION RECOMMENDATION Direct staff to transmit the Human Relations Commission's funding recommendations for fiscal year 2005-2006 Community Development Block Grant Social Services Programs to the City Council. By a vote of 9:0 at its Regular Meeting of February 14, 2005. DISCUSSION Since fiscal year 1974-1975, Santa Ana has received annual Community Development Block Grant (CDBG) funds to improve low- and moderate- income neighborhoods, eliminate blight and create a more stable economic base. These funds have been used for a diverse range of programs including Public Hearing - CDBG Program FY 05-06 March 7, 2005 Page 2 housing, street improvements, parks and public works improvements, social services, historic preservation and community services. The City's entitlement for fiscal year 2005-2006 will be $7,910,023. No more than 15 percent of this entitlement may be used for social service programs. The proposed CDBG program and budget for fiscal year 2005-2006 reflect the culmination of a process that solicited proposals from outside organizations and City agencies for the use of the annual entitlement. Invitations to apply for funds were distributed to 160 organizations in September 2004. Staff then met with the Human Relations Commission (HRC) in its capacity as the CDBG Citizen Advisory Board to review the applications and conduct three public hearings held on January 18, 20, and 25, 2005 in the City Council Chambers. Following the public hearings, staff met again with the HRC to draft a recommended social service program and budget for City Council consideration. The proposed fiscal year 2005-2006 CDBG program and budget (Exhibit 1) consists of the Commission's recommendations for social service funding and staff's funding recommendations for the remainder of the program, including capital projects, code enforcement and program administration. Exhibit 2 consists of the HRC ranking and funding recommendations for the social service programs. The City Council public hearing will provide another opportunity for public input and the completion of the process necessary to submit our locally approved program to HUD. FISCAL IMPACT Approval of the recommended action will authorize the City Manager to submit the approved program to HUD and to execute a grant agreement, which will result in the City's CDBG letter of credit being augmented by $7,910,023. These funds will be available for the approved program effective July 1, 2005. Executive Director Community Development PCT/NTE/mlr Agency H:\ACTIONS\2005 CC\PH - CDBGProgFY2005-2006 3-7-05.doc APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency/ J CITY OF SANTA ANA 10006 HRC PUBLIC SERVICE GRANT RECOMMEND BY TAB ORDER HRC TAB APPLICANT NAME SERVICE SERVICE 05-06 AMT. RECOMM'D PROVIDED CATEGORY REQ. GRANT I Academia Comm. Learning Center Education Youth $20,000 0 2 Achievement Institute Education Youth $8,600 0 3 AIDS Services Foundation Medical Adult & Family $10,000 0 4 Assistance League of Santa Ana Clothing Youth $25,000 17,000 5 Blind Children's Learning Center counselin Youth $25,000 18,000 6 Bowers Museum Education Youth $10,000 0 7 Boys & Girls Club of Santa Ana RecreationP&F $45,000 29,000 8 California Elwyn mp ymnt. Asst. $17,700 0 9 Cambodian Family EducationYouth $45,000 18,000 10 Camp Fire USA volunteer. $15,000 6,000 11 C.A.R.E. Counseling Domestic Violence y $15,000 0 12 Career Beginnings of O.C. Education Youth $20,000 14,000 13 Casa de Salud Family Health Clinic Nutrition $75,000 15,000 14 Centro Cultural de Mexico Education $22,500 0 15 Colette's Children's Home Rnhme Shelter $23,800 0 16 Community Service Programs(CSP) Shelter$25,000 0 17 Council on Aging - Linkages Medical $15,000 6,000 IR Dayle McIntosh Center Emplymnt. Asst. Adult & Family $15,707 14,000 19 Delhi Center Recreation Senior Citizens $20,423 0 20 Betty Shabazz Delta Academy Education Youth $6,500 0 21 Families Together of Orange County Education Adult & Family $20,000 9,000 22 Feedback Foundation Nutrition Senior Citizens $60,000 31,000 23 Hope Community Services, Inc. counseling Youth $48,990 7,000 24 Hotline of Southern California counselin Adult & Famil $5,000 5,000 25 Human Options omestic Violence Youth $20,000 18,000 26 Paul McNeft Kidsingers Recreation Youth $20,000 9,000 27 Latino Psychological & Soc. Srvcs. counseling Youth $72,950 0 28 Latino Youth Leadership Institute counseling Youth $48,400 10,000 29 Legal Aid Society of Orange County Legal Adult & Family $7,500 6,000 30 Lighthouse Learning Center Education Adult & Family $20,000 16,000 31 Mariposa Women's Center counseling Adult & Family $10,000 7,000 32 MOMS prenatal Adult & Family $71,947 0 33 Mercy House Transitional Living Ctr - Joseph & Regina Shelter Housin /Shelter $60,000 16,000 34 Mexican American Opportunity Fndtn. Recreation Youth $20,714 10,000 35 National Council on Alcoholism & Drug (Drug Court) counseling Adult & Family $22,158 15,000 36 National Heritage Recreation Youth $25,000 0 37 Orange Coast Interfaith Shelter Shelter Housin /Shelter $25,000 0 Exhibit 1 1 CITY OF SANTA ANA &006 HRC PUBLIC SERVICE GRANT RECOMMEND BY TAB ORDER SERVICE SERVICE 05-06 AMT. HRC RECOM TAB APPLICANT NAME PROVIDED CATEGORY REQ. GRANT 38 Orange County Bar Foundation -Shortstop counseling Adult & Family $20,000 13,000 39 Orange County Bar Foundation -Addiction counseling Adult & Family $10,000 11,000 40 Orange County Children's Therapeutic Arts Center Recreation Youth $25,000 12,000 41 Orange County Council, BSA (Learning for Life) counseling Youth $50,000 0 42 Orange County Crazies Recreation Youth $25,000 6,000 43 Orange County on Track counseling Youth $20,000 0 44 Orange County Teen Challenge Education Youth $9,500 9,000 45 Orange County Youth & Family Services counseling Youth $60,398 0 46 Orange County Youth Commission Recreation Youth $14,500 7,000 47 .Phoenix House Orange County, Inc. Recreation Youth $13,803 9,000 48 PRCSA - McFadden Learning & Tech. Ctr. Education Youth $141,102 90,000 49 PRCSA - Project Pride Education Youth $215,434 198,000 50 Relampago del Cielo Recreation Youth $8,000 0 51 Saint Joseph Ballet Recreation Youth $50,000 41,000 52 Santa Ana Education Foundation Education Youth $26,000 0 53 Santa Ana Friends for the Animals Spay/Neuter Animal $9,500 0 54 Santa Ana Police Dept - Helicopter Program Crime Prevention Adult & Family $406,245 154,000 55 Share Our Selves Medical Adult & Family $35,000 10,000 56 S. CA College of Optometry Medical Adult & Family $53,100 15,000 57 Southwest Minority Economic Development Association Homelessness Adult & Family $12,000 10,000 58 Taller San Jose Emplyni Asst. Adult & Family $55,150 34,000 59 Think Together Education Youth $10,000 5,000 60 Thomas House Temporary Shelter Shelter Housing/Shelter $30,000 15,000 61 TKO Boxing Club Recreation Youth $15,000 13,000 62 Vietnamese Community of Orange County counseling Youth $67,091 15,000 63 Volunteer Center of Orange County volunteer Senior Citizens $10,000 0 64 Williamson Institute Shelter Housin /Shelter $35,000 14,000 65 WISE Place Shelter Housing/Shelter $13,500 12,000 66 Women Helping Women mplymnt. Asst. Adult & Family $10,000 5,000 67 Women's Transitional Living Center (WTLC) Shelter Housin /Shelter $40,189 6,000 68 YMCA Orange County counseling Adult & Famllv $10,0001 0 $2,517,341 $1,000,000 Exhibit 1 2 PROPOS05-06 COMMUNITY DEVELOPMENT OK GRANT NONS CIAL SERVICE PROGRAM FUNDING REQUESTS 2004-05 2005-06 2005-06 STAFF RECOMMENDATION TAB APPROPRIATION REQUEST Administration & Planning 69 Administration $ 835,000 $ 785,000 $ 785,000 70 Fair Housing Council of Orange County 68,990 69,984 69,985 71 General Planning 100,000 235,000 235,000 Total Administration & Planning $ 1,003,990 $ 1,089,984 $ 1,089,985 Obligations 72 Section 108 Loan Repayment -- Police Holding Facility 1,902,680 1,892,815 1,892,815 Total Obligations $ 1,902,680 $ 1,892,815 $ 1,892,815 Capital Improvements 73 Fire Equipment $ 1,368,200 $ 777,000 $ 777,000 Parks and Recreation -- 74 Delhi Park Improvements 300,000 435,000 435,000 Public Works -- 75 Delhi Neighborhood Street Improvements 400,000 535,000 535,000 Total Capital Improvements $ 2,068,200 $ 1,747,000 $ 1,747,000 Code Enforcement 76 Code Enforcement $ 1,995,260 $ 1,795,260 $ 1,795,260 Total Code Enforcement $ 1,995,260 $ 1,795,260 $ 1,795,260 Historic Preservation 77 Episcopal Church of the Messiah $ $ 35,000 $ 35,000 Total Historic Preservation $ - $ 35,000 $ 35,000 Housing Rehabilitation 78 Rebuilding Together O.C. $ 15,000 $ 26,000 $ 26,000 79 Multi -Family Rehab Loans 123,470 323,963 323,963 Total Housing Rehabilitation $ 138,470 $ 349,963 $ 349,963 Total Nonsocial Services Request $ 6,910,022 TOTAL NONSOCIAL SERVICE RECOMMENDED FUNDING $ 6,910,023 Social Service Requests $ 1,000,000 TOTAL 05/06 CDBG GRANT $ 7,910,023 Exhibit 1 3 CITY OF SANTA ANA �006 HRC PUBLIC SERVICE GRANT RECOMMENDA BY RATING ORDER HRC TAB APPLICANT NAME SERVICE SERVICE ARE ORC S-06 AMT' RECOMM'D PROVD)ED CATEGORY RATE REQ. GRANT 40 Orange County Children's Therapeutic Arts Center Recreation Youth 8.6 $25,000 12,000 24 Hotline of Southern California counseling Adult & Familv 8.6 $5,000 5,000 38 Orange County Bar Foundation -Shortstop counseling Adult & Familv 8.4 $20,000 13,000 39 Orange County Bar Foundation -Addiction counseling Adult & Family 8.4 $10,000 11,000 60 Thomas House Temporary Shelter Shelter Housin /Shelter 8.4 $30,000 15,000 30 Lighthouse Learning Center Education Adult & Family 8.4 $20,000 16,000 48 PRCSA - McFadden Learning & Tech. Ctr, Education Youth 8.3 $141,102 90,000 58 Taller San Jose mp ymnt. Asst. Adult & Family 8.3 $55,150 34,000 9 Cambodian Family Education Youth 8.1 $45,000 18,000 1 Academia Comm. Learning Center Education Youth 8.0 $20,000 0 7 Boys & Girls Club of Santa Ana Recreation Youth 8.0 $45,000 29,000 29 Legal Aid Society of Orange County Legal Adult & Family 8.0 $7,500 6,000 44 Orange County Teen Challenge Education Youth 8.0 $9,500 9,000 49 PRCSA - Project Pride Education Youth 6.0 $215,434 198,000 51 Saint Joseph Ballet Recreation Youth 8.0 $50,000 41,000 61 TKO Boxing Club Recreation Youth 8.0 $15,000 13,000 65 WISE Place Shelter Housing/Shelter 8.0 $13,500 12,000 18 Dayle McIntosh Cente Emplymnt. Asst. Adult & Family 7.9 $15,707 14,000 31 Mariposa Women's Center counseling Adult 8 Family 7.9 $10,000 7,000 47 Phoenix House Orange County, Inc. Recreation Youth 7.9 $13,803 9,000 4 Assistance League of Santa Ana Clothin Youth 7.9 $25,000 17,000 13 Casa de Salud Family Health Clinic Nutrition Adult 8 Family 7.8 $75,000 15,000 25 Human Options Domestic Violence Youth 7.7 $20,000 18,000 34 Mexican American Opportunity Fndtn. Recreation Youth 7.7 $20,714 10,000 62 Vietnamese Community of Orange County counseling Youth 7.6 $67,091 15,000 12 Career Beginnings of O.C. Education Youth 7.6 $20,000 14,000 20 Betty Shabazz Delta Academy Education Youth 7.6 $6,500 0 28 Latino Youth Leadership Institute counseling Youth 7.6 $48,400 10,000 22 Feedback Foundation Nutrition Senior Citizens 7.5 $60,000 31,000 55 Share Our Selves Medical Adult & Family 7.5 $35,000 10,000 56 S. CA College of Optometry Medical Adult & Family 7.4 $53,100 15,000 21 Families Together of Orange County Education Adult & Family 7.4 $20,000 9,000 57 Southwest Minority Economic Development AssociationHomelessness Adult & Family 7.3 $12,000 10,000 2 Achievement Institute Education Youth 7.1 $8,600 0 42 Orange County Crazies Recreation Youth 7.1 $25,000 6,000 35 National Council on Alcoholism & Drug (Drug counseling Adult & Family 7.1 $22,158 15,000 17 Council on Aging - Linkages Medical Senior Citizens 1 7.0 $15,000 6,000 Exhibit 2 1 CITY OF SANTA ANA 0006 HRC PUBLIC SERVICE GRANT RECOMMENDA BY RATING ORDER TAB APPLICANT NAME SERVICE PROVIDED HRC SERVICE ARE OSA6 AMT. RECOMM'D CATEGORY RATE RED. GRANT 26 Paul McNeff Kidsingers Recreation Youth 7.0 $20,000 9,000 46 Orange County Youth Commission Recreation Youth 7.0 $14,500 7,000 64 Williamson Institute Shelter Housing/Shelter 7.0 $35,000 14,000 5 Blind Children's Learning Center counselin Youth 6.9 $25,000 18,000 50 Relampago del Cielo Recreation Youth 6.9 $8,000 0 23 Hope Community Services, Inc. counseling Youth 6.9 $48,990 7,000 59 Think Together Education Youth 6.8 $10,000 5,000 67 Women's Transitional Living Center (WTLC) Shelter Housin /Shelter 6.8 $40,189 6,000 66 Women Helping Women mplymnt. Asst. Adult & Family 6.6 $10,000 5,000 10 Camp Fire USA volunteer Youth 6.6 $15,000 6,000 33 Mercy House Transitional Living Ctr - Joseph & Racine Shelter Housin /Shelter 6.6 $60,000 16,000 53 Santa Ana Friends for the Animals S a /Neuter Animal 6.5 $9,500 0 6 Bowers Museum Education Youth 6.4 $10,000 0 16 Community Service Programs(CSP) Shelter Youth 6.4 $25,000 0 36 National Heritage Recreation Youth 6.4 $25,000 0 45 Orange County Youth & Family Services counseling Youth 6.4 $60,338 0 54 Santa Ana Police Dept - Helicopter Program Crime Prevention Adult & Family 6.4 $406,245 154,000 32 MOMS prenatal Adult & Family 6.1 $71,947 0 11 C.A.R.E. Counseling Domestic Violence Adult & Family 6.0 $15,000 0 52 Santa Ana Education Foundation Education Youth 6.0 $25,000 0 69 YMCA Orange County counseling Adult & Family 6.0 $10,000 0 41 Orange County Council, BSA (Learning for Life) counselin Youth 5.9 $50,000 0 27 Latino Psychological & Soc. Srvcs. counselin Youth 5.8 $72,950 0 15 Colette's Children's Home Shelter Housing/Shelter 5.3 $23,800 0 43 Orange County on Track counseling Youth 5.1 $20,000 0 19 Delhi Center Recreation Senior Citizens 2.1 $20,423 0 63 Volunteer Center of Orange County volunteer Senior Citizens 1.5 $10,000 0 3 AIDS Services Foundation Medical Adult & Family 0.9 $10,000 0 37 Orange Coast Interfaith Shelter Shelter Housing/Shelter 0.9 $25,000 0 8 California Elwyn mnt. Asst. A Adult & Family 0.0 $17,700 0 14 Centro Cultural de Mexico Education Youth 0.0 $22,500 0 $2,517,341 $1,000,000 Exh,b,t 2 2 • • BUSINESS CALENDAR NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) REPORTS 65.A. 4TH DISTRICT COURT OF APPEAL STATUS REPORT — City Manager David Ream, City Manager, briefed the Council on the steps taken to ensure that the 4t' District Court of Appeal remains in the City of Santa Ana. PUBLIC HEARINGS 75.A. PUBLIC HEARING — COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FISCAL YEAR 2005-2006 Continued from the March 7, 2005 City Council Meeting by a vote of 7-0 Public hearing held and closed on March 7, 2005 Public hearing regarding the proposed Community Development Block Grant (CDBG) Program and Budget for Fiscal Year 2005-2006 Legal Notice published in the Orange County Register, La Opinion, and Nguoi Viet on February 21, 2005 Vivian Clecak representing Human Options; Larry Haynes representing Mercy House Transitional Living Center; Peggy Weatherspoon and Suzie Gulick representing Feedback Foundation; and, Stacey Physioc representing Paul McNeff Singers spoke in support of funding for their respective organizations. Motion: 1. Approve the proposed fiscal year 2005-2006 Community Development Block Grant Program. d ill!,t,f 1 Academia Comm. Learning Center $0 $0 2 Achievement Institute $0 $5,000 $5,000 3 AIDS Services Foundation $0 $0 4 lAssistance League of Santa Ana $17,000 $17,000 CITY COUNCIL MINUTES 12 APRIL 4, 2005 PUBLIC HEARINGS y AWi 5 Blind Children's Learning Center $18,000 ' $18,000 6 Bowers Museum $0 $5,000 $5,000 7 Boys & Girls Club of Santa Ana $29,000 $29,000 8 California Elwyn $0 $0 9 Cambodian Family $18,000 $18,000 10 Camp Fire USA $6,000 -$1,000 $5,000 11 C.A.R.E. Counseling $0 $0 12 Career Beginnings of O.C. $14,000 $14,000 13 Casa de Salud Family Health Clinic $15,000 -$2,000 $13,000 14 Centro Cultural de Mexico $0 $10,000 $10,000 15 Colette's Children's Home $0 $0 16 Community Service Programs (CSP) $0 $0 17 Council on Aging - Linkages $6,000 $6,000 18 Dayle McIntosh Center $14,000 $14,000 19 Delhi Center $0 $5,000 $5,000 20 Betty Shabazz Delta Academy $0 $0 21 Families Together of Orange County $9,000 -$4,000 $5,000 22 Feedback Foundation $31,000 $14,000 $45,000 23 Hope Community Services, Inc. $7,000 -$7,000 $0 24 Hotline of Southern California $5,000 $5,000 25 Human Options $18,000 $2,000 $20,000 26 Paul McNeff Kidsingers $9,000 $1,000 $10,000 27 Latino Psychological & Soc. Srvcs. $0 $0 28 Latino Youth Leadership Institute $10,000 $10,000 29 Legal Aid Society of Orange County $6,000 $6,000 30 Lighthouse Learning Center $16,000 $16,000 31 Mariposa Women's Center $7,000 -$1,000 $6,000 32 MOMS $0 $0 33 Mercy House Transitional Living Ctr - Joseph & Re ina $16,000 $3,000 $19,000 34 Mexican American Opportunity Fndtn. $10,000 -$1,000 $9,000 35 National Council on Alcoholism & Drug (Drug Court $15,0001 $5,000 $20,000 36 National Heritage $0 $5,000 $5,000 37 Orange Coast Interfaith Shelter $0 $0 CITY COUNCIL MINUTES 13 APRIL 4, 2005 • PUBLIC HEARINGS 38 Orange County Bar Foundation - Shortstop $13,000 $13,000 39 Orange County Bar Foundation - Addiction $11,000 -$6,000 $5,000 40 Orange County Children's Therapeutic Arts Center $12,000 $12,000 41 Orange County Council, BSA (Learning for Life $0 $0 42 Orange County Crazies $6,000 $4,000 $10,000 43 Orange County on Track $0 $4,000 $4,000 44 Orange County Teen Challenge $9,000 $500 $9,500 45 Orange County Youth & Family Services $0 $0 46 Orange County Youth Commission $7,000 $7,000 47 Phoenix House Orange County, Inc. $9,000 -$9,000 $0 48 PRCSA - McFadden Learning & Tech. Ctr. $90,000 -$9,000 $81,000 49 PRCSA - Project Pride $198,000 $198,000 50 Relampago del Cielo $0 $0 51 Saint Joseph Ballet $41,000 $4,000 $45,000 52 Santa Ana Education Foundation $0 $0 53 Santa Ana Friends for the Animals $0 $0 54 Santa Ana Police Dept - Helicopter Pro ram $154,000 $50,875 $204,875 55 Share Our Selves $10,000 $10,000 56 S. CA College of Optometry $15,000 -$7,500 $7,500 57 Southwest Minority Economic Development Association $10,000 $10,000 58 Taller San Jose $34,000 $34,000 59 Think Together $5,000 $5,000 60 Thomas House Temporary Shelter $15,000 $15,000 61 TKO Boxing Club $13,000 $13,000 62 Vietnamese Community of Orange County $15,000 $15,000 63 Volunteer Center of Orange County $0 $0 64 Williams Institute $14,0001 $6,000 $20,000 65 WISE Place $12,000 $5001 $12,500 CITY COUNCIL MINUTES 14 APRIL 4, 2005 • PUBLIC HEARINGS 66 1wornen Helping Women $5,000 $5,000 67 Women,s Transitional Living Center WTLC $6,000 $1,000 $5,000 68 JYMCA Orange County $0 $0 Total Social Services: 4t1_non _non 976.375 $1.076.375 -SOCIAL SERVICE PROGRAMS 69 lAdministration $18b,uuu ;I$uo �fzs5,uuu 70 Fair Housing Council of Orange Count $69,985 $69,985 71 General Planning $235,000 $235,000 Total Administration & Planning: $1,089,985 $1,089,985 [AMMOR WOPW 0 imuggffa ations: Total Capital Improvements: $1,747,000-$76,375 $1,670,625 76 ICode Enforcement 1 $1 795,2601 1 $1,19b,2bU Total Code Enforcement: $1,795,260 $1,795,260 CITY COUNCIL MINUTES 15 APRIL 4, 2005 0 PUBLIC HEARINGS Total Housing Rehabilitation: $384,963 $3S4,9b3 TOTAL NONSOCIAL SERVICE RECOMMENDED FUNDING $6,833,648 TOTAL SOCIAL SERVICE RECOMMENDED FUNDING $1,076,375 TOTAL CDBG PROGRAM BUDGET $7,910,023 2. Authorize the City Manager to submit the approved program to the United States Department of Housing and Urban Development for the City's fiscal year 2005-2006 allocation of Community Development Block Grant funds, and execute the grant agreement with the United States Department of Housing and Urban Development. 3. Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute agreements. AGMT NO. 2005-078 - With nonprofit agencies and/or sub -recipients awarded funds as part of the approved program. MOTION: Christy SECOND: Bist VOTE: AYES: Alvarez, Bustamante, Pulido, Bist, Christy, Garcia, Solorio (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 75.B. ADELPHIA CABLEVISION OF SANTA ANA, LLC. FRANCHISE RENEWAL Legal notice published in the O.C. Reporter on March 18, 2005 Motion: Continue the item to April 18, 2005 at the request of staff. CITY COUNCIL MINUTES 16 APRIL 4, 2005 ACORD CERTIFIC. .*E JF LIABILITY INSUR _N �� DATE to/z 10/2a/ooaM/D2004) PRODUCER (916) 784-9070 All -Cal Insurance Agency 801 Riverside Avenue #105 ATTN: BEVERLY OR NINA Roseville CA 95678- 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 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED VIETNAMESE COMMUNITY OF ORANGE COUNTY 1618 W. FIRST STREET SANTA ANA CA 92703— INSURER A: Nonprofits IRS Alliance INSURER B: F_IDELITY 6 DEPOSIT CO. INSURERC: INSURER D: INSURER E: 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 LTR ADUL INSRD TYPEOFINSURANCE POLICY NUMBER POLICY EFFECTIVE DATE(MWDD/YY) POUCV EXPIRATION DATE(MM/DD/YY) LIMITS A X GENERALLIABIUTY / / / / EACH OCCURRENCE $ 1,000,000 PREMISES(EaEwcurrence E T S 50,000 X COMMERCIALGENERALLIABILITY CLAIMS MADE FRIOCCUR 2004-04575 10/04/2004 10/04/2005 MED EXP (Any one arson) $ 5,000 PERSONAL B ADV INJURY $ 1,000,000 X PROFESSIONAL LIAR. X IMPROPER SEXUAL CON. GENERAL AGGREGATE $ 2,000,000 / / / / GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG $ 2,000,000 IMPROPER SEXUAL CON. 1,000,000 7X POLICY PRO- LOC JECTA / / / / AUTOMOBILE LIABILITY ANY AUTO / / / / COMBINED SINGLE LIMIT (Ea eccldent) $ 1,000,000 BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS 2004-04575 10/04/2004 10/04/2005 X X BODILY INJURY (Per accident) $ HIREDAUTOS NON -OWNED AUTOS / / / / X PROPERTY DAMAGE (Peracc,dent) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC S ANY AUTO / / / / $ AUTO ONLY: AGG EXCESS/UMBRELLA LIABILITY Q / / / / EACH OCCURRENCE $ AGGREGATE S OCCUR CLAIMS MADE $ DEDUCTIBLE / / / / $ RETENTION $ WORKERS COMPENSATION AND WC II IMRS OER EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ E. L. DISEASE - EA EMPLOYEE$ OFFICERIMEMBER EXCLUDED? / / / / B yes, describe under SPECIAL PROVISIONS below E. L. DISEASE - POLICY LIMIT $ B OTHER EMPLOYEE DISHONESTY / / / / LIMITS $ 75, 000 FORGERY/ALTERATION CCP 0049129 04 10/04/2004 10/04/2005 DESCRIPTION OF OPER nONSILOCATIONSIVEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS THE CITY OF SANTA ANA, ITS OFFICERS, AGENTS, OFFICIALS, EMPLOYEES, AND VOLUNTEERS ARE NAMED AS ADDITIONAL INSURED AS A FUNDING SOURCE TO THE INSURED. FORM CG 2026 APPLIES. CITY OF SANTA ANA/CDBG COMM.DEV.AGY./L.FLORES P.O. BOX 1988 M-25 SANTA ANA CA ACORD 25 (2001108 {$,,;- INS025(0108).05 14) 647-6549 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL YNDI*YAXXU MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, MYM) %�a�IXDa�iXuaD�s>�wucacu�clXnasi{gacxa�>3ut{a�i�rarfxiixxxaxrfx.�wa�:ifx�lXx`�ofx- 14NNXit1QNiC-0(Xdi?{iflt Y, 92702- ELECTRONIC LASER FORMS, INC. - © ACORD CORPOR POLICY NUMBER: 2004-04575 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: THE CITY OF SANTA ANA, ITS OFFICERS, AGENTS, OFFICIALS, EMPLOYEES, AND VOLUNTEERS. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule as an insured but only with respect to liability arising out of your operations or premises owned by or rented to you. CG 20 26 11 85 Copyright, Insurance Services Office, Inc., 1984 Page 1 of 1 ACORD VIECERTIFICATE OF LIABILITY INSURANCE OPTN-2 ID 04/20/05 DATE (MM0/OS PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Chapman 6 Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE License #0522024 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P. O. Box 5455 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Pasadena CA 91111-0455 Phone: 626-405-8031 Fax: 626-405-0585 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A Alen North America Ins Co INSURER B Vietnamese Community of Orange INSURER C. Count]j� 1618 W. First Street INSURER O. Santa Ana CA 92703 INSURER E. 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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSR TYPE OF INSURANCE POLICY NUMBER DATE MWDDM DATE (MMIDD LIMITS GENERAL LIABILTTY COMMERCIAL GENERAL LIABILITY CLAIMS MODE OCCUR EACH OCCURRENCE $ PREMISES (Ea occurance) $ MED ENE (My one persm) $ PERSONAL B ADV INJURY $ GENERA. AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER -. POLICY PRO- JECT LOU PRODUCTS - COMP/OP AGG $ AUTOMOBILE LIABILITY My AUTO ALL OWNED AUTOS SCHEDULED AUTOS AUTOS NON -OWNED AUTOS Sim 4.S�kka /` 'a '1v } lSjG\V COMBINED SINGLE LIMIT (Ee eccidI $ BODILY INJURY (Per person) $ BODILY MJURY $HIRED PROPERTY DAMAGE (Per seeiden) $ GARAGE LIABILITY ANY AUTO MTOONLY-EAACCIDENT $ OTHER TWN EA ACC AUTO ONLY AGG $ $ EXCESSNMBRELLA LIABILITY OCCUR CLAIMS MADE DEDUCTIBLE RETENTION $ EACHOCCURRENCE $ AGGREGATE $ - $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY MY PROPRIETOR/PAIZ NEWEXECUTIVE OFFICER/MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below WC1003376 04/01/05 04/01/06 TORY LIMITS ER E.L. EACHACCIDEW $1000000 EL. DISEASE-EP. EMPLOYEE $ SOOOOOO EL. DISEASE -POLICY LIMIT $1000000 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT SPECIAL PROVISIONS rweraoeww)y:T•una: •e�zlwevwu•Tz EVIDE-1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES Be CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KING UPON THE INSURER ITS AGENTS OR Evidence of Coverage REPRESENTATIVES. AUTH D REPRE ACORD 25 (2001108) O ACORD CORPORATION 1988