HomeMy WebLinkAboutSOUTHWEST MINORITY EDA 7 -2002
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INSURANCE ON FILE
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CLERK OF COO~CIL
DATE, .:J-lj,W3 AGREEMENT BETWEEN THE CITY OF SANTA ANA AND
SOUTHWEST MINORITY ECONOMIC DEVELOPMENT ASSOCIATION FOR USE OF
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
This Agreement, made and entered into this /511-- day of _~II ,2002 ,
by and between the City of Santa Ana, a charter city and municipal corporation of the State of
California ("CITY") and SOUTHWEST MINORITY ECONOMIC DEVELOPMENT
ASSOCIATION, a California nonprofit corporation ("SUBRECIPIENT"),
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A-2002-105-49
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Recitals:
WIINES.S.EIH
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 - Reoresentations 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.
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(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 Contlict. 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.
(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 ofthe Agreement or provision of services hereunder.
B. Amount of Grant and Quarterlv Disbursement. The amount granted to
SUBRECIPIENT is $ 10,000 ("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 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 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
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required may, in addition to other remedies set forth in this Agreement, result in readjustment ofthe
amount of funds CITY is otheIWise 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 pwposes for which said funds may be expended
pursuant to the terms and conditions ofthis 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
ofp ending violations, or to remedy such known violation(s) shall result in termination 0 f 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 b anking 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 CDBGFUNDS; provided however, the SUBRECIPIENT must be able to
account for receipt, obligation and expenditure of CDBG FUNDS pursuant to applicable OMB
Circular A-IIO requirements.
H. Audit Reoort 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 I of the
year following the program year in which this Agreement is executed.
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1. Record KeepingfReporting. 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:
(I) 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.
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..
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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 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 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 LawlProgram Income. SUBRECIPIENT acknowledges that the funds
being provided by CITY for said program are received by CITY pursuant to the ACT as amended
and that expenditures of these funds shall be in accordance with the ACT and all pertinent
regulations issued by agencies of the federal government, including, but not limited to, all
regulations found at Title 24 of the Code of Federal Regulations. Program income received by
SUBRECIPIENT shall be returned to CITY unless otherwise provided for in this Agreement.
SUBRECIPIENT agrees to comply fully with all federal, state and local laws and court orders
applicable to its operation whether or not referred to in this Agreement.
M. Standing. SUBRECIPIENT shall be in good standing, without suspension by the
California Secretary of State, Franchise Tax Board and Internal Revenue Service. Any change in
the corporate status or suspension of SUB RECIPIENT shall be reported irnmediately 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.
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O. Independent Contractor. SUBRECIPIENT agrees that the performance of
obligations hereunder are rendered in its capacity as an independent contractor and that it is in no
way an agency of CITY.
P. Violation of Terms and Conditions. SUBRECIPIENT agrees that if
SUBRECIPIENT violates any of the terms and conditions of this Agreement or any prior
Agreement whereby CDBG funds were received by SUBRECIPIENT, or if SUBRECIPIENT
reports inaccurately, or if on audit there is a disallowance of certain expenditures, SUBRECIPIENT
agrees to remedy the acts or omissions causing the disallowance 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. S UBRECIPIENT agrees to maintain a record for each item ofnon-
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" shaIl 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
US.c. 1352) and regulations found at 24 CFR Part 87, which provide that no appropriated funds
may be expended by the recipient of a federal contract, grant, loan or cooperative agreement to pay
any person for influencing or attempting to influence an officer or employee of any agency,
Member of Congress, or an officer or employee of a Member of Congress in connection with
awarding of any federal contract, the making of any federal grant or loan, entering into any
cooperative agreement and the extension, renewal, amendment or modification of any federal
contract, grant, loan or cooperative agreement. SUBRECIPIENT shall sign a certification to that
effect in a form as set forth in "Exhibit C," attached hereto and by this reference incorporated herein.
SUBRECIPIENT shall submit said signed certification to CITY prior to performing any of its
obligations under this Agreement and prior to any obligation arising on the part of CITY to pay any
sums to SUBRECIPIENT under the terms and conditions of this Agreement.
If any funds other than Federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the
undersigned shall c omp1ete 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,
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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 0 f2 9 C .F.R. 95.5. . A breach 0 fthe 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:
I. The unlawful manufacture, distribution, dispensing, possession or use of a
controlled substance is prohibited in the workplace for any employee involved in a federally funded
program.
2. As an employee working in conjunction with a federally funded program, the
employees of SUBRECIPIENT will be required to:
a) Abide by the terms above in statement 1.
b) Notify appropriate officials of SUBRECIPIENT and CITY officials of
any criminal drug statute conviction for a violation occurring in the workplace not
later than five days after such conviction.
3. The United State Department of Housing and Urban Development will be
notified within ten days after receiving notice of any such violation.
4. Within 30 days of receiving such notice, appropriate personnel action will be
taken against such employee, up to and including termination.
Each such employee shall be required to participate satisfactorily in a drug abuse
assistance or rehabilitation program approved for such purposes by a federal, state or local health,
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law enforcement, or other appropriate agency.
II. CITY'S OBLIGATIONS
A. Payment of Funds. Upon execution ofthis Agreement by SUBRECIPIENT, CITY shall
pay to SUBRECIPIENT from CDBO funds, when, if and to the extent received from HUD, for
CITY's 2002-2003 CDBO 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 ofTEN THOUSAND Dollars ($ 10,000) 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 CDBO 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 CDBO funds.
IV. CONFLICT OF INTEREST
SUBRECIPIENT agrees that no officer, employee, agent or assignee of CITY having direct
or indirect control of any CDBO monies granted to the CITY, inclusive of the subject CDBO
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 of the services SUBRECIPIENT shall provide with CDBO 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.
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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 lirnited purpose of assuring compliance with respect to the
use of CITY funds by SUBRECIPIENT with applicable constitutional limitations respecting the
establislunent ofreligion as set forth in the establislunent 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 orpermit 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:
SW Minority Economic Development Assoc.
1601 W. Second Street
Santa Ana, CA 92703
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VIII. ASSIGNABILITY
None of the duties of, or work to be performed by, SUBRECIPIENT under this Agreement
shall be subcontracted or assigned to any agency, consultant, or person without the prior written
consent of CITY. SUBRECIPIENT must submit all subcontracts and other agreements that relate
to this Agreement to CITY. No subcontract or assignment shall terminate or alter the legal
obligations of SUBRECIPIENT pursuant to this Agreement.
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, indenmify 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 b e 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
insureds provisions; and (4) give to CITY prompt and timely notice of claim made or suit
instituted arising out of SUBRECIPIENT's operations hereunder.
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SUBRECIPIENT shall: (a) prior to exercising any right under this Agreement,
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 0 f this Agreement w ill vest upon acquisition in SUBRECIPIENT. W hen 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 0 f equipment with a current per unit fair market value 0 fl ess 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 CITYassignment(s),
quit claim deed(s) or such other and further instruments, documents and agreements as may b e
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
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local accounts or program funds or allocation of funds to which CITY is or may be entitled, either
for its own account or as fiduciary or trustee for others, which were obtained for the purpose of the
performance of this Agreement or any previous agreements relating to the same subject matter or
activities as this Agreement, together with any instruments, loans, grants or advances by
SUBRECIPIENT on behalf of CITY, in furtherance of the activities hereunder or thereof.
SUBRECIPIENT's obligations and responsibilities set forth in this paragraph "XI.
REVERSION OF ASSETS," and in paragraph "XII. TERMINATION" and other requirements
pertaining to program income shall not be affected by the termination of this Agreement and shall
survive the date of termination of this Agreement for such period of time as CITY and/or HUD
deems necessary for the responsibilities, duties and obligations to be performed and completed to
the satisfaction of CITY and HUD.
XII. TERMINATION
A. This Agreement may be terminated on thirty (30) days' written notice by either
party. In the event of such termination, SUBRECIPIENT shall only be entitled to reimbursement
for approved expenses incurred to the effective date 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
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 CPR 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
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.
12
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..,,;
070102
XIII. LIMITATION OF FUNDS
The United States of America, through HUD, may in the future place programmatic or fiscal
limitations on the use of CDBG funds which limitations are not presently anticipated. Accordingly,
CITY reserves the right to revise this Agreement in order to take account of actions affecting HUD
program funding. In the event of funding reduction, CITY may, in its sole and absolute discretion,
reduce the budget of this Agreement as a whole or as to costs category, may limit the rate of
SUBRECIPIENT's authority to commit and spend funds, or may restrict SUBRECIPIENT's use of
both its uncommitted and its unspent funds. Where HUD has directed or requested CITY to
implement a reduction in funding, in whole or as to a cost category, with respect to funding for this
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 A greement, 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.
13
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070102
XVII. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature hereinbelow has the power,
authority and right to bind their respective parties to each of the terms of this Agreement, and shall
indemnify CITY fully, including reasonable costs and attorney's fees, for any injuries or damages to
CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn.
b. All Exhibits and Attachments referenced herein and attached hereto shall be incorporated
as if fully set forth in the body of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the last date and
year written below.
DATED:
'f liS- /02----
ATTEST:
APPROVED AS TO FORM:
PATRICIA E. HEALY
Clerk of the Council
~'L~
cfrJOSEPH W. FLETCHER
City Attorney
SUBRECIPIENT:
DATE:~
~~
Title: ~~ ;ve.., -:t> tV e.cJ-u..r
TaxID: '\"5 -3-.:1 t ~'8'O 'S
14
~
-.."I
II.
APPLICATION SUMMARY
In the space below, summarize the components of your program. This summary should be
BRIEF - detailed information conceming these areas of interest will be requested in subsequent
pages of this application. This summary must include:
1. A description of the program/project.
2. A needs statement. What is the purpose of the programlproject? What is the need for this
program in Santa Ana?
3. Goals and objectives of the program
4. Organizational qualifications to implement the program.
Southwest Minority Economic Development AssociationlSouthwest Communitv Center's
(SMEDAlSWCC) primarv mission is to provide food. clothina. shelter. auidance. health and
referral services to economicallv disadvantaaed individuals and families. and to encouraae those
we assist to achieve self-sufficiencv.
We achieve this mission in several ways. We serve two hot meals everv day of the week to
anyone who is in need. We provide baas of food to help families make ends meet within their
tiaht budaets. Over half of those who receive supplemental food from us are children. We have a
laroe population of Senior citizens and homeless individuals who also seek and receive
emeraencv food assistance. We offer housina assistance to prevent families from beina evicted
from their homes. Throuah our clothina distribution proaram. we offer families and individuals
clothina for children to attend school. to seek emplovment or ao to work. We offer health
{phvsical and mental) screenina and counselina. We network with local emplovers and
emplovment aoencies to make iob announcements available to assist our homeless individuals
and unemploved clients find emplovment. As a part of these services. we also assist clients to
develop and prepare resumes.
Durina maior holidavs. we have an on-site party to entertain children. And. on weekends. we
offer a storv hour for the children. We have beaun look/no into other avenues to expand our
services to children and thus beain them on the path to self-sufficiencv earlv.
More than 90% of our client population is made UP of low-income families. senior citizens and
homeless individuals. As the economy has declined and full-time iobs have become scarce. we
have seen an increase of the number of low~income families and fixed income senior citizens
and homeless individuals and families seekina assistance. At the end of the fiscal Year. our
overall client population. for meals alone. more than doubled.
The staff and volunteers. who provide services. are aualified to implement our proarams. For the
most part. these individuals have had experience in workina with the type of individuals who
constitutes SMEDA's client population. or have. in the past. been clients themselves. We
reaularly attend trainina seminars and workshops to improve their level of skill and understandina
of current trends and clients' needs. Thev often network with other social service orQanizations to
ensure the best Quality of service.
SMEDA has been successfully proyidina services to the underoriyileaed and underserved for
more than 31 years. Our success stories include many who have been aiyen assistance and
have secured emplovment thus passina them throuah to self-sufficiencv. In the past year. amona
other services. we served over 100.000 hot meals and distributed more than 50 tons of clothina
and more than 11.000 food baas.
L
X EXHIBIT A
'-'
"wtI
PROGRAM BUDGET PROPOSAL
,
Organization Name: Southwest Minoritv Economic DeveloDment Association (SMEDA)
Program Name:
CATEGORY SANTA ANA COBG OTHER PROGRAM
GRANT REQUESTED RESOURCES TOTAL
Administrative staff
Salaries & Benefits
Program Staff Salaries $10,000.00 $8,000.00 $18,000.00
& Benerlts
SUDDlies
Rent/Lease
Communications
Utilities
Professional Services
Specify:
TrainlngfTravel
EXDenses
Insurance
Other (Please Specify)
TOTAL $10,000.00 $8,000.00 $18,000.00
EXPENDITURES
PROGRAM RESOURCES
SOURCE AMOUNT
UNITED WAY $32,000.00
TOTAL $32,000.00
EXHIBIT B
'-'
....,;
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 ofa Member of Congress in connection with the awarding of any Federal
contract, the making of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any Federal contact, grant, loan or cooperative
agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with this Federal contract, grant, loan, or cooperative
agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure
Form to Report Lobbying," in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the
award documents for all subawards at all tiers (including subcontract, sub grants, 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.
~~I.l.l
Grantee/Contactor
Program Title
EXHIBIT C
Page 1 of2
""""
.....,
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 ofrace, 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 of2
APR-~-ZOO. 17:14
,
FROM-ALL CAL I~
9187840158
=/fA-2002-I05-49
T-h5 P 001/00. F m .,/
E OF LIABILITY INSU~CE -
M;DRD.. CERTIFICA I DATE
04/04/2003
PROOuceA THIS CERTIFICATE! IS ISSUED AS A MATTER OF INFORMATION
All-Cal Ins~an~Q Agen~y/916 784-9070 ONLY AND CONFE!RS NO RIGHTS UPON THE! CERTlFICATI!!
HO~~::~HJ~IS CI'f(TJI"CATE DOES NOT AMEND,.,,~~ OR
420 Folsom Road, Su.ite *e AI.T COWRACE "'F~OImiJ;O lilY THE POUCIG --DC' _
ATm: BEVli:Rl.Y INSURERS AFFORDING COVERAGE
Rosevil1.. CA 95678-
lN5UREU INSURER A:. NOn'Dl;of.i t.s Ins AllianoQ Of CA
SOUTHWEST COMMUNITY CENTER INSuRER I!I~
1601 Wi1S:r 2ND STro:ET INSURER c:
INSlIRER D:
SANTA ANA CA 92703- INSURER. !:
COVl'RAGI!!S
THE POLICIES OF INSURANC. L1STIiD eE~OW HAVE B..N ISSUED TO THE INSURED NAMED ABOVE FOR THE PO~ICY PERIOD INDICATED. NOYWITHSTANDING ANY
ReOUIREMENT, TeRM OR CONDITION OF ANY CONTRACT OR OTHER DOCUM.NT WITH RlISP.CT TO WHICH THIS C.RTIFICATE MAY BE ISSUED OR MAY PERTAIN,
THE INSURANCE AFFORD.D BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TEAMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.
ACCREGATE LIMITS SHOWN MAY HAVE BEliN REDUCED IY PAID ClAIM$.
l~;: lYPli2 OF INSURANCf f'OI,l(;Y ~u,.BEft pS.lf~ POLICY EXPlI'lATlCN L1"""
TE CAlli
A G~CRAL lJADlU'I'V / I / / Ii4tH OCCURNENCF . 1,000,000
-
X COMMe~CIAL GENERAL LIABIL.ITY FIRE DAMNS! fAnv one fol"ll) $ 50,000
I CI.AIMS MADE W OCCuR 200~-02312 03/25/2003 03/25/2004 MED EX'" fArNana DOW8Ol'l} . 5,000
PEI\SONA.L & /lDV INJUR.Y . 1,000,000
/ / / / GliiNliRAL AGGI'lEGATE . .2,000#000
~~AGG~nLIMITnPER: PROPUCTs . COMP/Of' AGG . 2,000,000
X POLICy ~~2r I,OC / / / /
A ~tJTOMomLE UA8lLITV / / / / COMBINED SINGLE UMtT
- ANY AUTO (e,,;:p;~) $ 1,000,000
Al.l.01MllEDAUTOS 2003-02312 03/25/2003 03/25/2004 80011.. Y INJURY
-
~ SCHa>ULED AUTOS (PlII'l*'8Ol\) $
~ HIAIiiO AUTOS / / / / 800lL Y INJuRY
~ NOH-OVwNED AUTOS (~4'Ccic:IIl(II, .
f- / / / / PROPERTY OAMAGE
1""'_1 .
RRA"" UA8lUTY AUTO ONLY. EA ACCIDENT $
ANY AuTO / / / / OTHERrHAN EAACC $
AUTOONI..V: AGG $
EXCESS UAaUJ'TV / / / / FACH OCCllAJil.ENCIi $
::rOCCUR 0 CLAIMS MAOe AGGREGATE $
$
=1 O'OUCTlBL.E / / / / .
R~NTION $ I~N:'
WORKERS CQMPENSATION ANP "~ V tlJ A~I U 1'U. !(M' / / I
I!MPLOVEItS' LIABILITY
lQJ" tin E.L EACH ACCIDENT .
I / / / / E L,. OISEASE .I!A EMPLOYEE $
'.L. DISEASE. POLIOy LtMIT $
OTHER P(PU1Y City Attorney
/ / / /
OESCRlPi10'" OF OPERATlONSlLOCATlON5NSHICUSlEXCLU$tONS ADCED BY ''''OOFt'.UENTlSPECU\L.. PROVISIONS
rHI C1TY OF SAN'l'A ANA IS 1lm>lTIOKA1. :mSlJIlED AS A 5'TJmlIKG SOlII\CJ: AS COIIICIJUIS 'l'lIE AC~IV1~U:S OF TIIII :mSUIlEll 1lNDn. 'rHn
-~"
CERTII'ICA TE HOlDER I X I ~pOI"ONAL INSUFU,O"IN:!ti..FIt un1'O: A CANCELLA 110N
sHOu...~ ANY OF THE A&OVE DESCRlBEg POuCU=S 8E CANCEUSJ BEFORE ntlli
~RAllON DATS TKERfOIi. THE I$SIJING INSURER WILt. ~x. ""A'L
ll- DA'YS WRtTTl!N ~ TO THE C~ATE HQLDliR NA.1l!D TO THE 1.U"r, ~;
CITY OF SJlNTA ANA/ellSC ~ /. ' lIll~
C~.DEV.ACY./ ~ "'.'-/" &-~ _ft(~t~K
P,O, aox 1988 M-25 AU A~A';; _ .)
SANTA ANA CA 92702- I//U
ACORD 25-8 (7197) EL.Eo'l'RON'C LA..... FO,..,8, ,4 ,. (800)327.....' (" Q ~ "ACORD CORPORATION 198
~~.'NS025$ (llOlD;01 POlQCI 101
/\Y'
APR~~-2001 17,14
,ROM-AL L CAL I'
\w
*POLICYNUMBER: ~{)m "-()2 E /..:2-
'lNSUREDCOMPANYNAMI;, ~ -t2'i~~7'~' -:-'-'~
TmS ENDORSEMENT CHANGES THE POLlCY. PLEASE READ IT CAREFULLY.
0117040160
'-.J
T-026
P002/001 ,-171
_...'-.....,.&~.a:..1.....IW' I.
ADDITIONAL INSURED - DESIGNATED PERSON or ORGANIZATION
This endorsement modifies ins~e provided under the fbllowing:
. , COMMERCIAL GENERAL LIABIUTY .COVERAGE PART
Name of Person or Organization:
SCHEDULE ; /,
Y-~-..,;1.f)OJ / .:J-';;?S--~OlJl
City of Santa Ana and its Officers, Agents, Employees and Volunteers are
named as additional insured as respects their interest in connection with the
named insured.
(If no entry appears above, infbrmation 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 organi2ation shown in the
Schedule, but only with respect to liability arising out of your operations or premises owned by Or rented to you.
IT IS AGREED THAT ANY INSURANCE MAINTAINED BY THE CITY OF SANTA ANA SHALL
APPLY IN EXCESS OF, AND NOT CONTRIBUTE WITH, INSURANCE PROVIDED BY TmS
POUCY.
Agent'. Signature:
Jo e t:'S/IJ-Il ~A
CG 2010 II 85
(21 &)C SAMPLE. Act<litionallnsure<l with PrimlllYlNOD-Conb'iburlng Lan~ Added
APPRO"::ED AS TO FORM
/ ,
NOV"J~-20Q2 11 :54
, ,
FROM-ALL~ INS
916T84r
"-wI
T-414 P.002/00a F-125
.
ACORD. CERTIFI ATE OF LIABILITY INSURANCE I PATe
U/26/2002
PRODUCER TIllS CERTIFICATE IS ISSUEll AS A MATTER OF INFORMATION
All-Cal IQ$U~ance Agencyl 916 794-9070 ONLY AND CONFI!RS NO RIGHTS UPON THE! CERTIFICATE
HOLDER. TIllS CERTlflCA TE DOES NOT AMEND. EXTEND OR
420 Folsom Road, Sui~e IC ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW.
A'l."lN: BEVERLy INSURERS AFFORDING COVERAGE
Rollevillo!l CA 95678-
INSURED 'NSURER"Non~~ofit" Ins Alliance o~ CA
SOOTHWl!lS'l' COMMUNITY CEN!t'ltR ,_R!N e NOaTH JIMElUCAN Sll.J:TE INSURANClil COHl'ANY
1601 1II!lST 21llD STREET INSUR"" "
IN$!L_"
SAIlITA ANA CA 92703- IN$JAEFl E'
COVERAGES
THE I'OUCI!S 01' INSURANCE LISTED llfLOW MAVE BE.N ISSUED TO THE INSURED NAMED ABOVE FOR '!liE ~OUCY P!RIOO INDICATED. NOlW1THSTANDlNG ANY
REQUIREMliNT, TERM OR CONDITiON OF ANY CONTRACT OR 011-<.R OOCUMENTWI'!li RESPECT TOWHIOH '!li1S OERTIFlCATE' MAY BIlI$$UED OR MAY PERTAIN.
THE INSURANCE AFFORDED BY '!liE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL '!liE TERMS, EXCLUSIONS ANe CONDiTiONS Of SUCH POliCIES,
AGCilREGATE' LIMITS SHO.IIIN MAY HAVE BEEN REDUCED BY PAID ClAIMS,
I~ TIP&: OF IN$URANQIii ftOLICY NUMBER PQL.IC:Y~ I'OLlQl,~RAT~ LIMITS
IJATEfM OATS MMlDDlYY
A GENERAl. UABILI fY / / / / EAC.... OCCl,JRRe~ $ 1,000,000
--- FIRE DAMAGifA!1vcmeflfB) 50,000
X COMMIiRCI4L. GeNeRAL LIABILITY $
I ClJJMS M.o~ [j] OCCUR 2002-02312 03/25/2002 03/25/2003 MED EXP!Anv al'1O 1XN'$Of'I) $ 5,000
X IIRO>'ES'~OH1l;. .. rMl. PERSONAt-.t, AOv INJURY $ 1,000,000
/ / 1 / GENERAl..-"GGREOA'I'E! $ 2,000,000
~~A~G~n~U~nPiR; PROOUCTS-COMP~PAGG I 2,000,000
X POliCY ~r """ / / / /
A ~UTQMOBILE J.IA.U.ITY' / 1 / / COMBINED SJNGI-I::: l-IMIi
r- ANY ""TO (Eclill:;';~1] . 1,000,000
AU. O~ED AuTos 2002-02312 03/25/2002 03/25/2003 BOOIL Y INJURY
ex 5C""s::x..rJ.~ AI,JfOs ("'" """"", .
I-"- / / / /
~ HIRCO AUTOS BOClLYIt.lJuRY
~ NON-OV\1'.IEO AUTos (Per accldtWlQ $
/ / / / PROPeRTY ON.tAGS
(Per~ .
~~'ELIABILITY AllTOONI.Y. CAACClD5NT $
At('( AUra / / / / OTHER iHAN .. ACc .
AUTO ON!. Y: AGG $
EXCESS l-lABlUYV / / / 1 ~C... ^""CUrtRENCi $
::roeeUR 0 CLAlMS MAC! AOOREGATE $
. <,-OVED AS TO l-OR $
I / / 1 1
=i ~CUCl1BL' /r" $
~E'l'ENrION :s: $
WOftl'liifli COMPEN~A..,rICN AHg n/...1L ..fA J / / / 1 I r'8'ililillrrsl I-8\'-
~ptOYERS' UABlU'l'
'''''eedy ! E.L EACH ACCIDENT $
'ty Attorney / / / / E.L.. D'~e - EA EMPLO'@:' i
Ii.L. D1~$E - POUCY LIMIT $
0,""0.
B EHl1t.ODE DlSHomlS'n' CllBOOO029500 04/15/2002 03/25/2003 ......w. 10,000
~Y 1.1Mt'l'S 2,500
DESCRIPTION OF OPIERATJQNalLOCAT1OMSNSiIO~USlGNS ADDBl BY eNDOR$EfiI!NTISPfCIAL PRCvtS10HS
TRI CITY OF SAN't'A ANA, :t1'S OFFICUI.S, OWtCBRS, Mn1T9, aMPt.OYDS, AND v~ ARB )tAMED AS ADDTIOWAL IN~ JW;
COIlCBllNs '1'llJ: 1\C:l':EVI'rUs OF TIll< l'1l1MlBD UIllllllt :rH~S ~.
CERTIFICA T1! HOLDl!R I X , AOOJrJONAL INSUR~: IN$URaA l.ETTER: CANCELLATION
sttOUL~ AN'f OF THE ABOY&" O~RI8iP POLICIES BE CANOII!l.1.1i'f IiIIiFOAE THe
9PtftATION CArt: THEREOF. THE ISSUINQi IN:'UftEft WILL .~ MAIL
.2!!.- DAYS WRrrtEN NOTICE TO THg QIiRTIFlQATE HOLDER NAM~ To THI: ~. KfnCX
CITY or SANTA ANA JQlfolOOiltlj-~~IWC_Il4ll6>>l!illXllll'll:lIll~:wlIlllllll*1ll6ll_lIllE
ATTN: Welt' r:t.O!lES )O)lI~'tttJIIM6!lllJtlf16M ltAIW.
P.O. BOX 1988 AU1l ~DR~E"=ATIV5
SANTA ANA CA 92702- -
ACORD 21-5 (7Jl171 ~NICLASERFQRMdK:,-(8OO)S27~ P J~ @ACORD CORPORATION 1888
~",-INS025S (9910).01 ~ag.1012
r~ "
NOV:-ij'-20ij 11:54
FROM-AL~ INS
916784""",
T-414 P.003/003 F-125
POLICY NUMBER:2002-02312
POLICY TYPE:L1ABIl.ITY
THIS ENDORSEMENT CHANGES THE POl.ICY. Pl.EASE READ IT CAREFUl.LY.
ADDITIONAl.INSURED..-DESIGNATED PERSON OR ORGANIZATION
THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOl.l.OWING:
SCHEDULE: 3-25-2002 / 3.25-2003
NAME OF PERSON OR ORGANIZATION: CITY OF SANTA ANA
ADDITIONAL WORDING IF' NECESSARY: THE CITY OF SANTA ANA, ITS OFFICIALS,
OFFICERS, AGENTS, EMPLOYEES, AND VOLUNTEERS ARE NAMED AS
ADDITIONAL INSURED AS A FUNDING SOURCE REGARDING THE ACTIVITIES OF
THE INSURED UNDER THIS AGREEMENT.
(If no entry appears above, information required to complete this endorsement
will be shown ill the Declarations as applicable to this endorsement.)
WHO IS AN INSURED (Section II) is amended to include as 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.
IT IS AGREED THAT ANY INSURANCE MAINTAINED BY THE CITY OF SANTA ANA
SHALL APPLY IN EXCESS OF AND SHALL BE PRIMARY AND SHALL APPLY IN
EXCESS OF ,AND NOT CONTRIBUTE WITH, INSURANCE PROVIDED BY THIS
::~~;.~ SIGNATURE.~~_..~_~_n~...._.
Copyright, InsuranceZ:~-i~~::-ffice, Inc. 1984
'APPROVED AS TO FORM
~t:L1
aura Sheedy
Deputy City Attorney
NOv-lZ-ZOIl2 11: 54
'. .
FROM-ALL~ INS
916784r
'-'
T-414 P.ooI/ooa F-125
ALL-CAL INSURANCE AGENCY
420 Folsom Road, Suite #C
R.o8ev.1lle, OA 90678
Tel: (916) 784-9070
Fax: (916) 784-0158
License #OB71044
Eeverly@All-Ca.l1naurance.com
Da.te: 11-27-2002
To: CITY OF SANTA ANA 714-647-6549
Attn: LUCY FLORES
From: Beverly
Re: Southwest Community Center - Polley #2002-02312
Total Number Of Page., Transmitted:
Comments: LUCY, HERE IS SOUTHWEST COMMUNITY CENTER'S CERTIFICATE
AND A.I. ENDORSEMENT THAT WE WERE DISCUSSING LAST NIGHT. I DID THE
ONE FOR VIETNAMESE COMMUNITY OF ORANGE COUNTY AND mEDED TO GET
MORE INFO ON WHAT IS SUPPOSED TO GO IN THE FORM ON THE BLANK LImS.
I DON'T GET WHAT IS ASKED FOR, ALSO WHY WOULDN'T THE ONE THAT I AM
SENDING WORK, THE LANGUAGE OF PRIMARY COVERAGE AND NON-
CONTRIBUTING
IS INCLUDED. I KNOW THAT YOU ARE NOT RESPONSIBLE FOR THEBE
DECISIONS, LUOY, SO CHECK WITH THE CITY ATTORNEY OR WHOEVER DOES
RISK MANAGEMENT AND LET ME KNOW.
HAPPY THANKSGIVINGl!l