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HomeMy WebLinkAboutCAMBODIAN FAMILY, THE 8 - 2002 INSURANCE.tNI ON FILE WORK MAY fiQl PROCEED C~~~: ~b ~~~~q; AGREEMENT BETWEEN THE CITY OF SANTA ANA AND THE CAMBODIAN FAMILY FOR USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS This Agreement, made and entered into this \,S~ day of j\- ~ ~\ L ,21!OZ-, by and between the City of Santa Ana, a charter city and municipal corporation of the State of en California ("CITY") and THE CAMBODIAN FAMILY, a California nonprofit corporation ~ ("SUBRECIPIENT"), c:: wc~ -, ~LlJ -1f'J u:~~ C3? ~ 1f ~ ~ g tjRecitals: I..LJ>-~ {' (.)..... ~ < en u..:~ iii ~ ~~ ~ -:: A. The CITY, as an entitlement recipient and grantee of the United States Department of ~ gs ~ ; ~ousing and Urban Development ("HUD") Community Development Block Grant ("CDBG") - ;t: :::> '-' "'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 ~ 'J A-200?-1nS-07 7/bTrJ1~ e 1, C~A- f\ WIIN~~~~IH B. CITY has applied for and received CDBG funds from HUD pursuant to Title I ofthe 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," hereinafter referred to as "said program" and SUBRECIPIENT represents that it is qualified and willing to operate said program. D. The CITY and SUBRECIPIENT have duly executed this Agreement for the expenditure of such funds; and WHEREFORE, it is agreed by and between the parties, that the foregoing Recitals are a substantive part of this Agreement and the following terms and conditions are approved and together with all exhibits and attachments hereto, shall constitute the entire Agreement between the CITY and SUBRECIPIENT: I. SUBRECIPIENT'S OBLIGATIONS A. Non-Profit Status - Representations and Warranties. (a) Authority. SUBRECIPIENT is a duly organized and existing non-profit corporation in good standing and authorized to do business under the laws of the State of California. SUBRECIPIENT has full right, power and lawful authority to accept the funding hereunder and to undertake all obligations as provided herein and the execution, performance and delivery of this Agreement by SUBRECIPIENT has been fully authorized by all requisite actions on the part of SUBRECIPIENT. 1 "" 'wi 7/6/0ILS (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 ofthe services under this Agreement. (d) No Conflict. To the best of SUB RECIPIENT'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. (1) 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. (b) 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 Quarterlv Disbursement. The amount granted to SUBRECIPIENT is $ 24,000 ("CDBG FUNDS"), and such funds shall be expended by SUBRECIPIENT within a time period not exceeding twelve (12) consecutive months following the date of this Agreement. The CDBG FUNDS shall be disbursed by CITY to SUBRECIPIENT on a quarterly basis (October, January, April and July) subject to and upon receipt and approval of a complete SUBRECIPIENT'S quarterly activity report, with the final payment subject to the satisfaction ofthe 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 indenmification, audits, reporting, data retention/reporting, and accounting. C. Use of Funds. SUBRECIPIENT agrees to use all federal funds provided by CITY to SUBRECIPIENT pursuant to this Agreement to operate said program, as set forth in "Exhibit A," attached hereto and by this reference incorporated herein. SUBRECIPIENT'S failure to perform as 2 ..... -..I 7/6/01LS 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. D. Allowable Costs. SUBRECIPIENT agrees to complete said program on or before June 30, 2003 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. F. Zoning. SUBRECIPIENT agrees that any facility/property used in furtherance of said program shall be specifically zoned and permitted for such use(s) and activity(ies). Should SUBRECIPIENT fail to have the required land entitlement and/or permits, thus violating any local, state or federal rules and regulations relating thereto, SUBRECIPIENT shall immediately make good-faith efforts to gain compliance with local, state or federal rules and regulations following written notification of said violation(s) from the CITY or other authorized citing agency. SUBRECIPIENT shall notify CITY immediately of any pending violations. Failure to notify CITY of pending violations, or to remedy such known violation(s) shall result in termination of grant funding hereunder. SUBRECIPIENT must make all corrections required to bring the facility/property into compliance with the law within sixty (60) days of notification of the violation(s); failure to gain compliance within such time shall result in termination of grant funding hereunder. G. Separation of Accounts. All funds received by SUBRECIPIENT from CITY pursuant to this Agreement shall be maintained in an account in a federally insured banking or savings and loan institution with record keeping of such accounts maintained pursuant to applicable OMB Circular A-110 requirements. SUBRECIPIENT is not required to maintain separate depository accounts for CDBG FUNDS; provided however, the SUBRECIPIENT must be able to account for receipt, obligation and expenditure of CDBG FUNDS pursuant to applicable OMB Circular A -110 requirements. H. Audit Report Reauirements. 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 I of the year following the program year in which this Agreement is executed. 3 "'" ...; 7/6/01LS 1. Record Keeoinl!!Reoorting. 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/etbnicity, 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. 1. 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: 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 oflow 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.. 4 ~ ~ 7/6/01LS 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 SUB RECIPIENT'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 SUB RECIPIENT 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 RecordslRequired Length of Record Keeping. All accounting records, reports, and evidence pertaining to all costs, expenses and the CDBG FUNDS of SUBRECIPIENT and all documents related to this Agreement shall be maintained and kept available at SUBRECIPIENT'S office or place of business for the duration of the Agreement and thereafter for five (5) years after completion of an audit in conformity with the CDBG REGS., s. Records which relate to (a) complaints, claims, administrative proceedings or litigation arising out of the performance of this Agreement, or (b) costs and expenses of this Agreement to which CITY or any other governmental agency takes exception, shall be retained beyond the five (5) years until complete resolution or disposition of such appeals, litigation claims, or exceptions. In the event SUBRECIPIENT does not make the above-referenced documents available within the city of Santa Ana, California, SUBRECIPIENT agrees to pay all necessary and reasonable expenses incurred by CITY in conducting any audit at the location where said records and books of account are maintained. L. Compliance with Law/Program Income. SUBRECIPIENT acknowledges that the funds being provided by CITY for said program are received by CITY pursuant to the ACT as ameoded and that expeoditures of these funds shall be in accordance with the ACT and all pertinent regulations issued by ageocies 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 SUB RECIPIENT shall be reported immediately to CITY. N. Confidentialitv. Without prejudice to any other provisions of this Agreemeot, 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 subrnit to CITY and or BUD or its representatives, all records requested, including audit, examinations, monitoring and verifications of reports submitted by SUBRECIPIENT, costs incurred and services rendered hereunder. 5 '-" "'" 7/6/01LS O. Indeoendent 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 or 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. Lobbving. SUBRECIPIENT certifies that it will comply with federal law (31 U.S.c. 1352) and regulations found at 24 CPR Part 87, which provide that no appropriated funds may be expended by the recipient of a federal contract, grant, loan or cooperative agreement to pay any person for influencing or attempting to influence an officer or employee of any agency, Member of Congress, or an officer or employee of a Member of Congress in connection with awarding of any federal contract, the making of any federal grant or loan, entering into any cooperative agreement and the extension, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. SUBRECIPIENT shall sign a certification to that effect in a form as set forth in "Exhibit C," attached hereto and by this reference incorporated herein. SUBRECIPIENT shall submit said signed certification to CITY prior to performing any of its obligations under this Agreement and prior to any obligation arising on the part of CITY to pay any sums to SUBRECIPIENT under the terms and conditions of this Agreement. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit a "Disclosure Form to Report Lobbying," in accordance with its instructions (see C-l). 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, 6 '-' ....; 7/6/01LS 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. 95.5. 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. 95.5(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. 95.5. . A breach of the contract clauses in 29 C.F.R. 95.5 may be grounds for termination of the contract, and for debarment as a contractor/subcontractor, as provided in 29 C.F.R. 95.12. Labor standards interviews/investigations shall be made as necessary to assure compliance [29 C.F.R. 95.6(a)(3)]. V. Drug Free Workolace. SUBRECIPIENT certifies that it has established the following drug-free workplace policy: 1. The unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the workplace for any employee involved in a federally funded program. 2. As an employee working in conjunction with a federally funded program, the employees of SUBRECIPIENT will be required to: a) Abide by the terms above in statement 1. b) Notify appropriate officials of SUBRECIPIENT and CITY officials of any criminal drug statute conviction for a violation occurring in the workplace not later than five days after such conviction. 3. The 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 ofreceiving 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, 7 '-' -....I 7/6/01LS 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 2002-2003 CDBG program year amounts expended by SUBRECIPIENT in carrying out said program for fiscal year 2002-2003 pursuant to this Agreement up to a maximum aggregate payment of TWENTY-FOUR THOUSAND Dollars ($ 24,000) 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. 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 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 list of officers. V. SPECIAL CERTIFICATION FOR RELIGIOUS ENTITIES If SUBRECIPIENT is a religious entity, SUBRECIPIENT hereby agrees that in connection with the provision ofthe services SUBRECIPIENT shall provide with CDBG funds: 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. 8 '- "wi 7/6/0ILS 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 pU1]lose of assuring compliance with respect to the use of CITY funds by SUBRECIPIENT with applicable constitutional limitations respecting the establishment ofreligion 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 SUB RECIPIENT. 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. PROHIBITION OF NEPOTISM. SUBRECIPIENT agrees not to hire or permit the hiring of any person to fill a position funded through this Agreement if a member of that person's immediate family is employed in an administrative capacity by SUBRECIPIENT. For the pU1]loses 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, Califomia 92702-1988 9 '-' -..J 7/6/01LS TO SUBRECIPIENT: The Cambodian Family Youth Program 1111 E. Wakeham, Suite E Santa Ana, CA 92705 VIII. ASSIGNABILITY None of the duties of, or work to be performed by, SUBRECIPIENT under this Agreement shall be subcontracted or assigned to any agency, consultant, or person without the prior written consent of CITY. SUBRECIPIENT must submit all subcontracts and other agreements that relate to this Agreement to CITY. No subcontract or assigrunent shall terminate or alter the legal obligations of SUB RECIPIENT pursuant to this Agreement. IX. HOLD HARMLESS SUBRECIPIENT shall indemnify, defend and save harmless CITY, its officers, employees, agents, representatives and volunteers from and against any and all damages to or for loss of use of property and for injuries to or death of any person or persons, including property and employees or agents of CITY, and shall defend, indemnify and save harmless CITY, its officers, employees, agents, representatives and volunteers from and against any and all claims, demands, suits, actions or proceedings of any kind or nature, including, but not by way of limitation, workers compensation claims and including attorney fees and reasonable expenses for litigation or settlement, resulting from or arising out of the negligent or wrongful acts, errors or omissions of SUBRECIPIENT, its officers, directors, employees, agents, subcontractors and suppliers arising out of SUBRECIPIENT's performance of this Agreement. X. INSURANCE 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 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 10 '-' ..." 7/6/0ILS insureds provisions; and (4) give to CITY prompt and timely notice of claim made or suit instituted arising out of SUB RECIPIENT'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 ofthis 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 ofCDBG 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 ofnon-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), 11 '-" ...., 7/6101LS 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 HOD deems necessary for the responsibilities, duties and obligations to be performed and completed to the satisfaction of CITY and HOD. 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 oftermination. 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 marmer, 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. In the event this Agreement is terminated as set forth in subparagraphs XII.A. through XII.D., inclusive, SUBRECIPIENT agrees to immediately return to CITY upon CITY's 12 '-' "'wiI 7/6/01LS 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" ofthis Agreement. XIII. LIMITATION OF FUNDS The United States of America, through HUD, may in the future place progranunatic or fiscal limitations on the use of CnBG 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 conunit and spend funds, or may restrict SUBRECIPIENT's use of both its unconunitted 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. 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 conunitments 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 conunitments 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 CnBG 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 13 \",r 'wi 7/6101LS 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 ofthis 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the last date and year written below. DATED: '\ b A0..JfV CITYOFlZ2Ja- DAVID N. REAM City Manager ATTEST: APPROVED AS TO FORM: . f;iu'~ ~ J-- JOSEPH W. FLETCHER City Attorney PATRICIAE. HEALY Clerk ofthe Council SUBRECIPIENT: DATE: q/s/ ()~ I . N~t:f:::t~ Title: IO.lCEatT7I1E <l:tJ~c~ Tax ill: '1S-- 3l?S'7" f? 3 / 14 '"" 'wi COMMUNITY DEVELOPMENT BLOCK GRANT CITY OF SANTA ANA - FY 2002-03 Revised Target Number Name of Organization: The Cambodian Family Program Name: The Cambodian Family Youth Program Brief Description: Our FY 2002-03 CDBG grant will promote the increased well-being of 60 Cambodian and Latino youths, age 6-20, participating in our Youth Program's after school and weekend, academic and character building activities; and 50-75 parents, participating in parent education, counseling, and referral services. GOAL ONE: CHARACTER BUILDING: To prevent youth delinquency and dropout by increasing the positive factors that contribute to youths' feeling of self- worth, their abilities to interact responsibly and respectfully, and their abilities to envisiou productive futures. Objectives: 1. Enroll 60 youths, ages 6-20, in our comprehensive after school and weekend Youth Program. 2. Provide life skills, leadership training, creative arts, sports, communi!): services and mentoring. 3. Provide classes in Cambodian and Hispanic cultural preservation, Cambodian language and dance. GOAL TWO: ACADEMICIMPROVEMENT: To prevent youth delinquency aud dropout by improving youths' academic skills and performance. Objectives: 1. Enroll 30-40 youths in computer lab. 2. Provide 60 youths reading, tutoring, and homework assistance in math, English, and other subjects. 3. Provide library activities, through the visiting Santa Ana Public Library bookmobile. GOAL THREE: FAMILY DEVELOPMENT: To prevent youth delinquency and dropout by enhancing parents' ability to provide for the health and well-being of their families. Objectives: 1. Provide 50-75 parents parenting education, counseling, and social adjustment assistance. 2. Provide upward mobility counseling about social and economic self- sufficiency. 3. Provide referrals to English and vocational training, job placement services, health care, and more. 4. Increase parents' involvement in schools and community. EXH,g /T A '-" ......, THE CAMBODIAN FAMILY YOUTH PROGRAM COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM 2002 - 2003 BUDGET Salaries & Benefits $ 22,250 Audit & Professional Services $ 250 Office Supplies, Dancer Supplies, Education Materials $ 800 MileagelTravel $ 500 Staff Training $ 200 TOTAL $ 24,000 EX,H ,8/1 ~ '-" -...I 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: (I) ,No Federal appropriated funds have been paid or win be paid, by or on b~half 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 langnage of this certification be included in the award documents for an sub awards at all tiers (including subcontract, sub grants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shan 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 shan be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. the Grantee/Contactor Organization 7lte~ii . ('(Un JI Fm-HI JlISCH- Name of Certifying Officer Rt~ ~ Sf aoo... Date EXHIBIT C Page 1 of2 ~ ..., SUBRECIPIENT warrants the following: I. SUBRECIPIENT will comply with Public Law 88-352, Title VI of the Civil Rights Act of 1964 (42 U. S. C. section 2000 et seq.) and implementing regulation in 24 CFR Part 1. 2. 1'{o,person in the United States shall on the ground of race, color, religion, qational 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. SUB RECIPIENT 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 of2 '-:.q;,~ \,.I ",,' Disclosure of Lobbying Activities Approved by OMB 0348-0046 Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 (See reverse side for Instructions and Public Reporting burden statement) 1. Type of Federal Action 2. Status of Federal Action 3. Report Type o a. contract D a. bid/offer/application D a. initial filing b. grant b. initial award b. material change c. cooperative agreement c. post-award For Material Change Only d. loan year (yyyy) ____ quarter e. loan guarantee f. loan insurance date of last report (mm/dd/yyyy)_____ 4. Name and Addres,{ of Reporting Entity 5. If Reporting Entity In No. 41s Subawardee, enter Name and Address OPrime D Subawardee Tier ___ . jf known: oiPrime Congressional District, if known Congressional District, if known 6. Federal Department/Agency 7. Federal Program Name/Description . .. CFDA Number, if applicable 8. Federal Action Number, if known 9. Award Amount, if known $ 10a. Name and Address of Lobbying Registrant b. Individuals Performing Services (including address if different from No. 10a.) (if individual, last name, first name, MI) (last name, first name. MI) (attach continuation sheet(s) if necessary) 12. Form of Payment (check all that apply) 13. Type of Payment (check all that apply) o 8. retainer o b_ one-time fee o c. commission o d. contingent fee o e. deferred D f. other (specify) 14. Brief Description of Services Performed or to be Performed and Date(s) of Service, including offlcer(s), employee(s), or Member(s) contacted, for Payment Indicated in Item 11 $ actual planned 11. Amount of Payment (check all that apply) Da Db cash in-kind; specify: nature value (attach C(lntinuation sheet's) if necessary) 15. Continuation sheets attached DYes D No 16. Information requested through this form is authorized by Sec.319, Pub. L. 101-121, 103 Stat. 750, as amended by sec. 10; Pub. l. 104- Signature 65, Stat. 700 (31 U.S.C. 1352). This disclosure of lobbying activities is a material representation of fact upon which reliance was placed Print Name by the above when this transaction was made or entered into, This disclosure is required pursuant to 31 U.S.C. 1352. This informatlon Title will be reported to the Congress semiannualiy and will be availabie tor public inspection, Any person who tails to file the required Telephone No. disclosure shall be subject to a civii penalty of not less than $10,000 and not more than $100,000 for each such failure. Date (mm/dd/yyyy) Federal Use Only: Authorized for Local Reproduction Standard Form.LLL (7/97) PCT-1,7-2002 16:20 THE CAMBODIAN FAMILY ACOf:D.. CERTIFIV t:. Ut' LIAtslLl1 T PROOU ER. (1i26) 599-8830 AX (626)599-8831 Pacific General Insurance Services 405 E. Santa Clara Street Suite 100 Arcadia, CA 91006 INSURED T e Ca nn Fam1 y 1111 E. Wakeham Avenue Su He E Santa Ana, CA 92705 r I'", '-~rr /~ 714 11'1'" "'-." '" c. \--,-1mrJ- -II~- 07 571 1974v P.M/04 . 03/11/2002 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORCED BY THE POUCIES BELOW. INSURER A: INSURER B: INSURERS AFFORDING COVERAGE philadelphia Indemnity Ins. Co INSURER c: INSURER 0: INSURER., Revised as of 09/11/02 THE POliCIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING #lY REQUIREMENT. TERM OR CONDITION OF #lY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCEAFfORCEO BYTIEf'OLIClES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDmONS OF SUCH POUCIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. .. ~ TYPE OF INSURANce POLICY NUMBER DATE (MMIDONVr DATE MMI~' UMIT5 ~NS.RAL LIABiliTY "HPK020993 03/09/2002 03/09/2003 EACH OCCURRENCE S 1. 000 . OO( X COMMEA.CIAL GENeRAl-LIABIliTY FIRE OAMAGE (An)' 0l11ll lire) S 100 OOC l CLAIMS MADE ill OCCUR MEO E.XP (Anyone person) S 5.00l A PERSONAL & ADV lNJUFl,Y S 1 DOO 00l '- I- GENiERALAGGREGATE S 3,000,004 GEmAGGFtEGATE LIMIT APPlll::S PEA.: PRODUCTS~COMP~PAGG S 1. 000 ooe n POl.ICY n 7e-tr n LOC ~MO.'L' UAIIIUTY HPK020993 03/09/2002 03/09/2003 COMBINED sINGLE LIMIT S ~V AUTO (EallcCidel\t) 1 000,00< I-- ~ AU. OWNED AUTOS BeOIL Y INJURY S SCHEDULED AUTOS ~fJ)erson) A ...;.;.. ~ HIRED AUTOS BOOIL Y INJURV S ..!. NON-QWNEO AUTOS (perac:dc1entt PROPERTY DAMAGE S (Pel'ac:ckh!Hll.J RO' UAIIIUTI AUTO ONLY - EA ACCIDENT S ANY AUTO OTHER THAN EA ACe $ AUTO ONLY; AGO S EXCESS UABILITY EACH OCCURReNCE s b OCCUR 0 CLAIMS MAOE AGGREGATE S S rl ~OUCTI.LE S RETENTION S , WORKERS COMPENSATION AND 1 TORV LIMITS 1 I' E. EMPLOYERS LlAB1LllY E.L. EACH ACCIDENT , E.L. DISEASE. EA EMPLOVEf S EL aISEASE. POLICY LIMIT S OTHER "HPK020993 03/09/2002 03/09/2003 STA & 500/1000 comp/coll Deduc A uta physical Damage PHPK020993 03/09/2002 03/09/2003 $121,000 & 500 Deductible uS Pers Prop/Prof i abi 1 "HPK020993 03/09/2002 03/09/2003 $1.000,000 DESCRIPTION OF _?p~RAlIONSI~~!IONSI\/ H~~EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS APPROVl::D AS'iO fORlY] ~CHEOULE OF VEHICLES & DRIVERS: ON FILE I-ERTIFICATE HO:ER_I: NAMED ADOmON~L_IN.SUREO PER EXHIBIT G ATTACHED';j}h~_:i,!: ~'_'-<--'-"--- ... .. __._ .... .. _ __'_'___ __ ,__.' .AallIc\. SI1Cc<:ly r. TEN DAY N.O.C. SIIALl BE GIVEN IN THE EVENT OF NON-PAYMENT OF PREMtilM. Deputy City Attorney . - ". CEllTIF1CATE HOlOl:R ~ X I ADDIT\ONAL INSURED; INSURER LeneR: A CANCEL..... , 'u" SHOULD ~y OF THE ABOVE O!SCRlBe:D pouaes BE CANC!:UEO BEfORE THE I exPIRATION DATI! THEREOF, THE ISSUING COMPANV WILL~ MAIL City of Santa Ana -30- OAYS WRITTEN NOllCE TO THE CERTIFICATE HOLDER HAMEDTC THE LEFT. I Its' Officers, Agents. Employees ~KXdg3t9( I COGB M-34 P.O. Box 1988 ~~....wnxxxxxxxx Santa Ana, CA 92702 AUTHORIZED REPRES!NTA~ . Ju~ Michae' Martln ~ "'''' IllV7J IOU,," .. E ES " T"" CAMBODIAN FAMILY ~ r. \ I ""-tI 714 571 1974 P.04/04 QCT-1Z-2002 16:21 '... ~.. ADDITIONAL [NSU~D IlNDORSBMBNT POR COMMHRCIAL GENERAL LIABILITY POLICY c" .,lLE ON FILE ,." ",~t PROCEED ..'._ h,SURANCE .IRES Insurance ComplmY _' ~HI.I;ADELPHIA INDEMNITY INSURANCE CO. Thi, endtll'l\6men! modifies such insurance lIS is Ilff'orded by the provisions Ill' Poligy II ~HPTm?nQCl1 ....lllting \0 thG followina: L- . The eky of'Santa A-nn. '20Civie Center PIl\2a. Santa Ana-CAlifomia 92701; Its offiec:ts, cmploYCl:5, agents, voluntccors And l'1:pte.'entlltive, arc named as Cldditlonal ins\lreds ("additional illfUl'eds") with rCBard to liability and dofCII$C of suits arislng trolD the operations Ilnd u,es perfom,ed by nr on behalf' ofthe named Insured. 2. With "~pcc;l to claill1S ari~ing uut (ICthe operations and USCll perfo:mecJ by or on behlllfoflh.. numed insured, such insurancc u is afforded by this pollcy is primary and i~ nnt additional to or CClJltributing with any oth<:t insurlllllXl earned by or for the benefit llithe additional insureds. 3. Thi~ imumnc;Q applies separately to el1el1 Insured again:n whom claim ill made or suit is brought exee!'t with Te$~ to the c;ompany's limits of liabillty. ihclnclusion of any person or organiZlltlon 115 an insured shall not a.fft:Ct any right whic;h suc;h penilln or oreanization would hllVll us n clai'Iull1t if not so iucllldlPd. 4. With respect tll the ILlIditional jnsunxls, this insurance shall not be c;anedled, 01' materially reduced in eoveralle or limits except aftl:r thirty (30) days wriuen notic;e hall been given to the City of SWlta Ana, 2Q Civic: Ccn.tcr Plua, Santa Ana, C..lifomia 9270 I. (Completion of the following, inc;luding oounlcrsignatUte, is fIlquircd to make thIs endorsement c;ffcc;tivc.) F.ffCGuvc Plllicy# bsued to 03/09/02 PHPK020993 THE CAMBODIAN FAMILY, INC. Named Insu~d ,/11 ..Jk--'M ~ MIKE V. MARTIN Countc;raigned by PACIFIC GENERAL INSURANCE SERVICES Authorlzc;d Representative . this endorsement fonn as a part of APPROVED AS TO FORM ~.,(h./, ~-U'/ t":.:z 1,Aiura Sheedy / Deputy City Attorney , TOTAL P.04 ,..., ~, I A-2002- '\ 05-06 7/6I01LS ":'--'" """ ...., AGREEMENT BETWEEN THE CITY OF SANTA ANA AND THE CAMBODIAN FAMILY FOR USE OF I'J COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS ~ 0 ~. . .~'>('/ ~ I "0'1./ :;i ~J ~~ This Agreemen~, made and entered mto thiS . \ day of E L t ,~v , ~ c:) ,-,,\} by and between the City of Santa Ana, a charter City and muruclpal corp ral10n of the State of ::> ';: ;:~ I California ("CITY") and THE CAMBODIAN FAMILY, a California nonprofit corporation :; "- :') "-\ ("SUBRECIPIENT") ?" n ~",)~\ 'l , -~ "- j;:o :;::c:C:::S::LLj ~ ~ ffi ~Recitals: ::::J :::s:: -.J Q n e::: c..::> ~o =3: WIINE.s..s.!HH 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," hereinafter referred to as "said program" and SUBRECIPIENT represents that it is qualified and willing to operate said program. D. The CITY and SUBRECIPIENT have duly executed this Agreement for the expenditure of such funds; and WHEREFORE, it is agreed by and between the parties, that the foregoing Recitals are a substantive part of this Agreement and the following terms and conditions are approved and together with all exhibits and attachments hereto, shall constitute the entire Agreement between the CITY and SUBRECIPIENT: I. SUBRECIPIENT'S OBLIGATIONS A. Non-Profit Status - Representations and Warranties. (a) Authority. SUBRECIPIENT is a duly organized and existing non-profit corporation in good standing and authorized to do business under the laws of the State of California. SUBRECIPlENT 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 SUBRECIPlENT. 1 INSURANCE ON FilE WORK MAY PROCEED UNTil INSURANCE EXPIRES CLERK OF COUNCil DATE: ACORD CERTIFICATJ: OF LIABILITY INSURJ\ NeE ~ DATE (MMJDDlYYj 03/11/2002 PROOUCER (626) 599-8830 FAX (6 Pacific General Insurance Services 405 E. Santa Clara Street Suite 100 Arcadia, CA 91006 INSURED The Ca od an Fam y 1111 E. Wakeham Avenue Suite E Santa Ana, CA 92705 599-8831 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 Philadelphia Indemnity Ins. Co \olyA) {I/' /1A> INSURER A: INSURER B: INSURER c: INSURER 0: INSURER E: Revised as of 09/11/02 COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE PDLlCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS ANO CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE seEN REDUCED BY PAID CLAIMS. DATE (MM/DDIYY) 03/09/2002 OX!f'E (MMfDOIYY) 03/09/2003 LIMITS EACH OCCURRENCE S FIRE DAMAGE (Anyone fire) $ MED EXP (Anyone person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE S PRODUCTS. COMP/OP AGG S 1 000 000 100 000 5,000 1,000,000 3.000,000 1 000,000 03/09/2002 03/09/2003 COMBINED SINGLE LIMIT (Ea acCident) . 1,000,000 BODILY INJURY {Per person) . BODILY INJURY (PeracclC:entJ . PROPERTY DAMAGE (Peraccidenl) GARAGE LIABILITY R ANY AUTO EXCESS LIABILITY =.J OCCUR 0 CLAIMS MADE I DEOUCTIBLE I RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY AUTO ONLY. EA ACCIDENT S EACH OCCURRENCE AGGREGATE EA ACe s AGG S . . , . . OTHER THAN AUTO ONLY: I TORY LIMIT' I I'ER E.L. EACH ACCIDENT $ E.:". DISEASE. EA EMPLOYE $ E1. DISEASE. POLICY LIMIT S OTHER ~HPK020993 03/09/2002 03/09/2003 STA & 500/1000 comp/coll Deduc Auto Physical Damage ~HPK020993 03/09/2002 03/09/2003 $121,000 & 500 Deductible A Bus Pers Prop/Prof Liabil PHPK020993 03/09/2002 03/09/2003 $1,000,000 DESCRIPTION OF OPERATIONS/LOCAT10NSNEHICLESfEXCLUSIONS ADDED BY ENDORSEMENTfSPECIAL PROVISIONS APPRO V E ' AS TO FORM SCHEDULE OF VEHICLES & DRIVERS: ON FILE ERTIFICATE HOLDER IS NAMED ADDITIONAL INSURED PER EXHIBIT G ATTACHED. ~ LJ . OL~ j[, a Sheedy TEN DAY N.D.L SHALL BE GIVEN IN THE EVENT OF NON-PAYMENT OF PREMIUM. Oeputy City Attorney CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELL.ED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANYWILL~~ MAIL -3.0.- DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE L.I:FT. kWll*KllIIIlOOlll9l)oo;KK~~IlXK!OOIlIltll1J1.O(~KllXXX It!(~ltKlQlflOOlIJ{!QlOXIXl(~JUliOOfl(Jq){l(XXXXXXXX AUTHORIZED REPRESENTATI't:.....n... . . . _ . Michael Mart"in - / rJ.-J-J1-./ /,Vi. u.-i/C "-- CERTIFICATE HOLDER I X I ADDITIONAL INSURED; INSURER LETTER: A City of Santa Ana Its' Officers, Agents & Employees CDGB M-34 P.O. Box 1988 Santa Ana, CA 92702 " '''''/- '-' ADDITIONAL INSURED ENOORSEMENT FOR COMMERCIAL GENEjU.L LIABILITY POLICY '-' Insurance Company ... PHI.~ADELPHIA INDEMNITY INSURANCE CO. This endorsement modifies such illsumnce ns is aftbrded hy the provisions 01' Policy # PHPJ(()?Oqq, reJilting lo the fOllowinG: 1. The City of Santa Anli, 20 Civic Center PIt\Zll. S",nta Ana. ClIlifomill92701; its officers, employees, agents, voJunteel"tl And repr:e3entAt;ve. lire "Amed aa tlclditlonal jI\!ltlTeds ("additional insureds") with regud to liability end deCeaso oCsuits arising from tbe operations and uses perfomled by or on bchalf of the named Insured. 2. With n;,pccl to ellUms arising out oftbll opel'BiioW! and uses performed by or on behalfllfthe nllmed iMured, sueh insurance as is afforded by this polley is primary end is not additional to or eon.tribuling with any other insurllnce carried by or foc the benefit tlf the additional insureds. 3. This insumncc l'lpplics separately to eAch insured against whom cliUm is made oc suit is brought except with re:<pect to the company's limits of liability. The Inclusion of lIny person or organizatioD lU an insured shall nOI affect any right which such per1Sl>n or orgMization would havllll., u elairtllmt ifnot so in<:lud<:d. 4. With re~pect ttl the lldditional insureds, this insurlUlcc shall ntlt be caneelllld, 01' materially reduced in coverage or limits eltccpt after thirty (30) dllys wnttCII I10tiee ha., been given to the City of SWltll Allll, 20 Civic Center Plua, Santa Ana, California 9270 I. (Completion of the following., including eountersignal\lrO, is roquirctl to make this endorsement effective.) Rffcc\ive Policy # Tssued to 03/09/02 PHPK020993 THE CAMBODIAN . this endorsement form as a part of FAMILY. INC. Named Insurc:d ;11 ~#'-<---' M ~1-L- MIKE V. MARTIN Countersigned by PACIFIC GENERAL INSURANCE SERVICES Authorized RepN~enl'd.tive Aj lU j.ORM L Sheedy Deputy City Attorney '.