HomeMy WebLinkAboutORANGE COUNTY HUMAN RELATIONS COUNCIL - 2006
INSURANCE ~ON FILE
WORK MAY ~ PROCEED
CLERK OF COUNCIL
DATE: 7-iuf,'O~.
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N-2006-065
CONSULTANT AGREEMENT
INCORPORATING COMMUNITY DlWELOPMENT
BLOCK GRANT REQUIREMENTS
THIS AGREEMENT, mad~ and entcrcd into this I"' day of April, 2006 by and between
~~"''''Gj'- ~ . h .
Orange County Human Relations- effiiRiasiofl, a non-profit corporation, ( eremafter
"Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and
existing under the Constitution and laws of the State of California ("City").
RECITALS
A. The City desires to retain a consultant having special skill and knowledge in the lield of
providing mobile home mediation services.
B. The City, as an entitlement recipieut and grantec of the United States Department of
Housing and Urban Development ("HUD") Community Development Block Grant
("CDBG") Program, desires to enter this Agreement with the Consultant for the
expenditure ofCDBG funds in accordance with Title 24, Part 570 of Code of Federal
Regulations 24 CFR 570.000, et seq. ("CDBG Reg's"); and
C. Consultant represents that Consultant is not listed as debarred, is able and willing to
provide such services to the City, and will comply with the CDBG Reg's.
D. In undertaking the performance of this Agreement, Consultant represents that it is
knowledgeable in its field and that any services perfonned by Consultant under this
Agreement will be performed in compliance with such standards as may reasonably be
expected from a professional consulting finn in the field,
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the
terms and conditions hereinafter set forth, the parties agree as follows;
1. SCOPE OF SERVICES
At the request of the Executive Director of the Community Development Agency,
Consultant shall provide assistance with mediating mobile home disputes as described in Exhibit
A, attached hereto and incorporated herein by reference.
2. COMPENSATION
a. City agrees to pay, and Consultant agrees to accept as total payment for its services, at
an hourly rate of $125.00, The total sum to he expended under this Agrcement shall not exceed
$10,000 during the term of this Agreement.
b. Payment by City shall be made within thirty (30) days following receipt of proper
iiwoicc evidencing work performed, subject to City accounting procedures. Payment need not
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,
be made for work which fails to meet the standards of perfonnance set forth in the Recitals
which may reasonably be expected by City.
3. TERM
This Agreement shall commence on the date iirst written above and temrinate on June 30,
2007, unless tenninated earlier in accordance with Section 12, below. The tenn of this
Agreement may be extended upon a writing executed by the Executive Director of the
Community Development Agency and the City Attorney.
4. INDEPENDENT CONTRACTOR
Consultant shall. during the entire tenn of this Agreement, be construed to be an
independent contractor and not an employee of the City. This Agreement is not intended nor
shall it be construed to create an employer-employee relationship, a joint venture rclationship, or
to allow the City to exercise discretion or control over the professional manner in which
Consultant perfonns the services which arc the subject matter of this Agreement; however, the
services to be provided by Consultant shall be provided in a manner consistent with all
applicable standards and regulations governing such services. Consultant shall pay all salaries and
wages, employer's social security taxes, unemployment insurance and similar taxes relating to
employees and shall be responsible for all applicable withholding taxes.
S. INSURANCE
Prior to undertaking perfornlance of work under this Agreement, Consultant shall
maintain and shall require its subcontractors, if any, to obtain and maintain insurance as
described below:
a. Commercial General Liability Insmance. Consultant shall maintain commercial
general liability insurance naming the City, its officers, agents, volunteers, and employees as
additional insured(s) and shall include, but not be limited to protection against claims arising
from bodily and personal injury, including death resulting therefrom and damage to property,
resulting from any act or occurrence arising out of Consultant's operations in the perfonnance of
this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance
shall be not less than the following: single limit coverage applying to bodily and personal injury,
including death resulting therefrom, and property damage, in the total anlOunt of$I,OOO,OOO per
occurrence. Consultant shall supply City with a fully executed additional insured endorsement in
substantially the fomr attached hereto as Exhihit B upon execution of this Agreement and shall
be approved in fornl by the City Attorney.
b. Business automobile liability insurance, or equivalent fonn, with a combined single
limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for
owned, hired and non-owned automobiles.
c. Worker's Compensation Insurance. in accordance with the provisions of Section 3300
orthe Labor Code, Consultant, if Consultant has any employees, is required to be insured against
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liability for worker's compensation or to undertake self-insurance. Prior to commencing the
performance ofthe work under this Agreement, Consultant agrees to obtain and mainlain any
employer's liability insurance wilh limits not less than S I ,000,000 per accident.
d. The following requirements apply to the insurance to be provided by Consultant
pursuant to this section:
(i) Consultant shall maintain all insurance required above in full force and
effect for the entire period covered by this Agreement.
(ii) Certificates of insurance shall be furnished to the City upon execution of
this Agreement and shall be approved in fonn by the City Attorney.
(iii) Certificates and policies shall stale that the policies shall not be cancelled
or reduced in coverage or changed in any other material aspect without
thirty (30) days prior written notice to the City.
e. If Consultant fails or refuses to produce or maintain the insurance required by this
section or fails or refuses to lumish the City with required proof that insurance has been procured
and is in force and paid for, the City shall have the right, at the City's clection, to forthwith
tcrminate this Agreement. Such termination shall not effect Consultant's right to be paid for its
time and materials expendcd prior to notiflcation of termination. Consultant waives the right to
receive compensation and agrees to indenmify the City for any work performed prior to approval
of insurance by the City.
6. INDEMNIFICATION
Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents,
employees, consultants, special counsel, and representatives from liability: (I) for personal
injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims
for personal injury, including health, and claims for property damage, which may arise from the
direct or indirect operations of the Consultant or its contractors, subcontractors, agents,
employees, or other persons acting on their behalf which relates to the services described in
section I of this Agreement; and (2) from any claim that personal injury, damages, just
compensation, restitution, judicial or equitable rclicfis due by reason of the terms of or effects
arising from this Agreement. This indemnity and hold haImless agreement applies to all claims
for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to
have been suffered, by reason of the events referred to in this Section or by reason of the terms
of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold
hamlless, and pay all costs for the defense of the City, including rees and costs for special
counsel to be selected by the City, regarding any action by a third party asserting that personal
injury, damages, just compensation, restitution, judicial or equitable relief due to personal or
property rights arises by reason of the terms 01; or effects arising from this Agreement. City may
make all reasonable decisions with respect to its representation in any legal proceeding.
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7. CONSULT ANT'S OBLIGATIONS
A. No Conflict. To the best ofConsultan!"s knowledge, Consultan!"s execution, delivery
and perfOlmance of its obligations under this Agreement will not constitute a default or a breach
under any contract, agreement or order to which Consultant is a party or by which it is bound.
B. No Bankruptcy. Consultant is not the subject of any current or threatened bankruptcy
proceeding.
C. No Pending Legal ProccedingslDebarment. Consultant is not the subject of a
current or threatened litigation that would or may materially affect Consultant's performance
under this Agreement. Consultant further acknowledges that it is not on the list of debarred
contractors.
D. No Pending Investigation. Consultant is not aware that it is the subject of any
current or threatened criminal or civil action investigation by any public agency, induding
without limitation a police agency or prosecuting authority, that would relate to affect
performance of the Agreement or provision of services hereunder.
E. Licensing. Consultant agrees to obtain and maintain all required licenses, registrations,
accreditation and inspections from all agencies governing its operations. Consultant shall ensure
that its staff shall also obtain and maintain all required licenses, registrations, accreditation and
inspections IfOln all agencies governing Consultant's operations hereunder.
F. Andit Report Requirements. Consultant agrees that if Consultant receives Three
Hundred Thousand Dollars ($300,000.00) or more in federal funds, Consultant shall have an annual
audit conducted by a certified public accountant in accordance with the standards as set fOlth and
published by the United States Office of Management and Budget. Consultant 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, i I' applicable.
G. Record Keeping/Reporting. Consultant shall keep and maintain complete and
adequate records and reports to assist City in meeting and maintaining its record keeping
responsibilities under Title 24, Part 570 of Code of Federal Regulations 24 CFR 570.000, ef seq.
H. Access to Records. City and the United State Government and/or their representatives
shall have access for purposes of monitoring, auditing, and examining Consultant's activities and
perfoffilance, to books, documents and papers, and the right to examine records of Consultant'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
monitOling at their discretion. Munitoring activities may also include, but are not limited to,
questioning employees and participants in said program and entering any premises or any site 111
which any of the serviccs or activities funded hereunder arc conducted or in which any of the records
of Consultant arc kept. Nuthing herein shall be construed tu reqUire access to any privileged or
confidential information as set forth in federal or state law.
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I. Location of Records/Required Leugth of Record Keeping. All accounting records,
reports, and evidence pertaining to all costs, expenses and the funds received by Consultant and
all documents related to this Agreement shall be maintained and kept available at Consultant's
office or place of business for the duration of the Agreement and tbereafter for four (4) years
afler completion of an audit in conformity with the CDBG Reg'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 four (4) years until complete resolution or
disposition of such appeals, litigation claims, or exceptions. In the event Consultant does not
make the above-referenced documents available within the city of Santa Ana, California, Consultant
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.
J. Confidentiality. Without prejudice to any other provisions of this Agreement, Consultant
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, Consultant
shall submit to City and or HUD or its representatives, all records requested, including audit,
examinations, monitoring and verifications of reports submitted by Consultant, costs incurred and
services rendered hereunder.
K. Lobbying. Consultant certifies that it will comply with federal law (31 U.S.C. 1352)
and regulations found at 24 CFR Part 87, which provide that no appropriated funds may be
expended by the recipient of a federal contract, grant, loan or cooperative agreement to pay any
person for influencing or attempting to influence an officer or employee of any agency, Member of
Congress, or an officer or employee of a Member of Congress in connection with awarding of any
federal contract, the making of any federal grant or loan, entering into any cooperative agreement
and the extension, renewal, amendment or modification of any federal contract, grant, loan or
cooperative agreement. Consultant shall sign a certification to that effect in a form as set forth in
Exhibit C attached hereto and by this reference incorporated herein. Consultant shall submit said
signed certification to City prior to perforn1ing any of its obligations under tIns Agreement and prior
to any obligation arising on the part of City to pay any SlUllS to Consultant 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 Fonn to Report Lobbying."
L. Financial Interest. Consultant agrees that except for the use of funds to pay salaries
and other related administrative or personnel costs, no persons who exercise or have exercised
any function with respect to activities assisted under tbe tern1S of this Agreement, or wbo 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 City-assisted activity of
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Consultant, 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
cmployee, agent, consultant, officer, or elected or appointed official of City, or of
any designated public agencies, or the Consultant.
M. Drug Free Workplace. Consullant certifies that it has established the following drug-
free workplace policy:
I. Thc unlawful manufacturc, distribution, dispensing, possession or use of a
controlled substance is prohibited in the workplace for any employee involved in a federally funded
program.
? As an employee working in conjunction with a federally funded program, the
employees of Consultant will be required to:
a) Abide by the terms above in statement I.
b) Notify appropriate officials of Consullant and City officials of any
criminal drug statute conviction for a violation occuning in the workplace not later
than five days alter such conviction.
3. The City and the United State Department of Housing and Urban
Development will be notified within ten days after receiving notice of any such violation.
4. Within 30 days of receiving such notice, appropriate personnel action will be
taken against such employee, up to and including termination.
Each such employee shall be required to participate satisfactorily in a drug abuse
assistance or rehabilitation program approved for such purposes by a federal, state or local health,
law enforcemcnt, or other appropriate ageucy.
N. Nondiscrimination. Consultant 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 subjccted to discrimination under any program or activity funded in whole or in
part with funds rcceived pursuant to this Agreemcnt. Consultant affinns that it is an equal
opportunity employer and shall comply with all applicable federal, state and local laws and
regulations.
O. Conflict of Interest, Consultant agrces that no officer, employee, agent or
assignee of City who was involved in thc sale of said property, either directly or indirectly, shall
serve as an oUiceT of Consultant. Further, any conflict or potential conflict ufinterest of any officer
of Consultant 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
Consultant to City regarding any changes or modifications to its board of directors and list of
officers.
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P. Prohibition Of Nepotism. Consultant agrecs not to hire or permit the hiring of
any person to fill a position funded through this Agreemcnt if a member of that person's immediate
family is employed in an administrative capacity by Consultant. For the purposes of this section,
the term "immediate family" means spouse, child, mother, father, brothcr, sister, brother-in-law,
slster-in-Iaw, father-in-law, molher-in-law, son-in-taw, daughter-in-law, aunt, uncle, niece, nephew,
stepparent and stepchild. The term "administrative capacity" means having selection, hiring,
supervisor or management responsibilities.
8. ASSIGNABILITY
None of the duties of, or work to be perfnrmed by, Consultant under this Agreement shall be
subcontracted or assigned to any agency, consultant, or person without the prior written consent of
City. Consultant 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 Consultant
pursuant to this Agrcement.
9. TERMINATION
A. This Agrecment may be temlinated on thirty (30) days' written notice by either
party. In the event of such termiuation, Consultant 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 Consultant of Federal Laws governing the use of Community Devclopment
Block Grant Funds. In the event of such suspension or termination, Consultant 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 Consultant defaults by failing to fulfill all or
any of its obligations hereunder, City may declare a default and termination of this Agreement hy
written notice to Consultant, 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 certilled mailing or personal service of such
notice, unless such default is cured before the effective date of termination stated in such notice. If
terminated lor cause, City shall he 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 incuned for services satisfactorily and timely performed prior to the
mailing or service of the notice of termination, and except for reimbursement of (I) any payments
made for services not subsequently performed in a timely and satisfactory manner, and (2) costs
incurred by City in obtaining substitute performance.
D. The grant of funds under this Agreement may be terminated for convenience in
accordance with 24 CFR 85.44.
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10. VENUE/JURISDICTION
This Agreement has been executed and delivered in the State of California and the
validity, interpretation, perlonnance, and enforcement of any of the clauses of this Agreement
shall be determined and governed by the laws of the State of California. Both parties further
agree that Orange County, California, shall be the venue for any action or proceeding that may
be brought or arise out of, in connection with or by reason of this Agreement.
11. 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.
12. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature hereinbelow has the power,
anthority and right to bind their respective parties to each ofthe terms of this Agreement, and shall
indemnify Agency fully, including reasonable costs and attorney's fees, for any injuries or damages
to Agency in the event that such authority or power is not, in fact, held by the signatory or is
withdrawn.
b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set
forth in the body of this Agreement.
c. No delay or omission by either party hereto to exercise any right or power accruing
upon any noncompliance or default by the other party with respect to any of the terms of this
Agreement shall impair any such right or power or be construed to be a waiver thereof. A
wai ver by either of the parties hereto of any of the covenants, conditions, or agreements to be
performed by the other shall not be construed to be a waiver of any succeeding breach thereof
or of any other covenant, condition or agreement herein contained.
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IN WlTNESS WHEREOF, the parties hereto have executed this Agreement the date and
year first above written.
ATTEST:
CITY OF SANTA ANA
r>
(~~:l~~' '.
PATRICIA .E. HEALY
City Clerk
_ {)J{),(2
DAVID N. REAM
City Manager
-
APPROVED AS TO FORM:
JOSEPH W. FLETCHER
City Attorney
By: (2fL~ ~~c.. _
Lisa Storck
Assistant City Attorney
APPROVED AS TO CONTENT:
CONSULTANT
sT~LI::j' By: Al
Deputy City Mnnager of Development ServiceBfitle:
Community Development Agency
Clarke
ediation Director
TAX ID: 33-0438086
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CITY OF SANA ANA
Community Development Block Grant
Scope of Work
Annual Accomplishment Goal
J. Total number of clients anticipated to be served during IS-month contract
period= 100 PERSONS
II. l\umber of un duplicated Santa Ana residents to be served with grant funds during the 15-
month contract period ~ 100 PERSONS
Ill. Below is lhe City performance outcome that our organization will be tracking.
COMMUNITY PRIORITY NEEDS: Public Services
I ActivityJPruu,ram - -
Mobile Home Mediation
Services
Outcome Trackin
Provide mediation service
between Mobile Home coach
owners and Mobile Home Park
Owners.
Goal-FYI this is a 5-vear ~oal.
1. Provide counselIng, education
and mediation services to
households residing in the 29
Santa Ana Mobile Home Parks.
IV. Description of Work - in space below, describe the program to be funded during the] 5-
month contract period including, services to be provided, program goals, client
characteristics, & how grant funds will be utilized.
Grant funds will be used to pay for staff salaries and benefits to provide mediation services
between Mobile Home Coach Owners, Mobile Home Park Owners and Managers. Meeting
will be conducted at Mobile Home Parks with all interested parties. Due to high costs of
homes in the City, Mobile Homes have become an alternative to home purchase and
apartment living. Many of the coach owners are low-income individuals and households
who are not educated in their rights and responsibilities regarding owning coaches and
residing in Mobile Home Parks. The Goal of the program is to assist in the resolution of
issues facing Low-income Mobile Home Owners, Park Owners and Managers. However,
households that are above 80% of median income will not be turned away. Income of
households will be determined at time of the meetings by Coach owners sellCcertification
of their income using an up-to-date income schedule determined by HUD.
Exhibit A
Schedule of Performance
Estimate the number of un duplicated Santa Ana residents to be served during the IS-month
contract period per quarter:
April I - .lune 30
July 1- September 30
October 1 - December 31
.I anuary I - Mareh 3 I
April I - June 30
Total
20
20
20
20
20
100
Persons
Persons
Persons
Persons
Persons
Persons
[nvoid,,/! Schedule
Estimate the amount of grant funds to be requested during the IS-month contract period on a
quarterly basis.:
April I - Juue 30
.luly I - September 30
October 1 - December 31
January I - March 31
April 1- .lune 30
$
$
$
$
$
Total $
2.000
2.000
2.000
2.000
2.000
10.000
.Payments to be made only when services are rendered.
Exhibi t A
EXHIBIT B
ADDITIONAL INSURED ENDORSEMENT
Insurance Company
Philadelphia Insurance Company
This endorsement modifies such insurance as is afforded by the provisions of Policy
# PHPK117809 relating to the following:
1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California
92702; Its officers, employees, agents and volunteers are named as additional insureds
("additional insureds") with regard to liability and defense of suits arising from the
operations and uses performed by or on beha If of the named insured.
2. With respect to claims arising out of the operations and uses performed by
or on behalf of the named insured, such insurance as is afforded by this policy is
primary and is not additional to or contributing with any other insurance carried by or for
the benefit of the additional Insureds.
3. This insurance applies separately to each insured against whom claim is
made or suit is brought except with respect to the company's limits of liability. The
inclusion of any person or organization as an insured shall not affect any right which
such person or organization would have as a claimant if not so included.
. 4. With respect to the additional insureds, this insurance shall not be
canceled, or materially reduced in coverage or limits except after thirty (30) days written
notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana,
California 92702.
(Completion of the following, including countersignature, is required to make this
enQorsement effective.)
Effective
Policy #
Issued to
4/26/2006
PHPK117809
Orange County Human Relations Council
Named Insured
, this endorsement form as a part of
Countersigned by
Certilication Regarding Lobbying
Certification for Contracts, Grants. Loans, ami Cooperativc Agreements
The undersigned certifies, to the best of his or ber knowledge and belief, that:
(I) No Federal appropriated lunds 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
employec of any agency, a Member of Congress, an officer or employee of Congress, or
an cmployee of a Member of Congress in cOlmection witb the awarding of any Federal
contract. the making of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modilleation of any Federal contact, grant, loan or cooperative
agreement.
(2) If any funds other than Federal appropriated funds bave been paid or will bc paid to
any person for influencing or attempting to influence an omcer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with this Federal contract, grant, loan, or cooperative
agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure
Form to Report Lobbying," in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the
award documents for all subawards at all tiers (including subcontract, subgrants, and
contracts under grants, loans, and cooperative agreements) and that all subrecipients shall
certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed
when this transaction was made Of entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by Section 1352, Title
31, lJ. S. Code. Any person who fails to lile the required certification shall be subj cct to
a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
Otl>rlG.!: <.o",.I"'Y. llur1l',J ~;;Q"'; UN..."....
Grantee/Contactor Organization
P,S/\ll":c ~~""f,/f/4"" ~~",.t.A.H.
Program Title
j!.L_fcu.J5o c~...~
Name of Certifying Omcer
~
nature . .
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. .
Date
EXHIBIT C
Page I of2
SUBRECIPIENT warrants the following:
I. SUBRECIPIENT will comply with Public Law 88-352, Title VI of the Civil Rights
Act of 1964 (42 II. 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 limn participation in, or be deuied the benelits 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
perfonnance of construction work financed in whole or in part with community
development fnnds shall be paid wages at rates not less than those prevaiting on similar
construction in the locality as determined in accordance with the Davis-Bacon Act, as
amended, 40 U. S. C. Scctions 276 a 1-5, except for individuals who perform services for
which they voluntccred; do not receive compensation lor such services; or are paid
expenses, reasonab Ie benelits, or a nominal fee for such services; and are not othelVlise
employcd at any time in construction work.
4. SlJBREClPIENT will comply with all Federal statutes applicable to projects funded
with community dcvelopment funds, except that (a) SUBREClPIENT does not assume
CITY'S environmental responsibilities described at 24 CFR 570.604; and (b)
SUBRECIPlENT does not assumc CITY'S responsibility for initiating the review process
under Executive Order 12372.
EXHIBIT C
Page 2 of2
ACORD CERTIFICATE OF LIABILITY INSURANCE I DATE
,- " 06/13/2006
t.;;.., THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
PRODLlCER Schweickert & Company
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
15 Peters Canyon Road HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
Irvine CA 92606-1402 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
N-OlOO~-,--a:o.~ - INSURERS AFFORDING COVERAGE
IINSURED ------- - ---1---- ------- ----.---
OC HUMAN REI.ATIONS COUNCIL INSURER A Philadelphia Insurance Com~llL_ - -----
...-----.--- _.-_.-..-- - . -
1300 S. Grand Ave. ~SURE~____ _ --.--.------.--- ----
Building B JNSURE.K~____ _ - -.-..-- .---'- - - -
I Santa Ana CA 92705 ~LNSURER D______ - - ---- - -- -
INSURERE
COVERAGES
THE POLICIES m \NSURANCE USTFD BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY RI::.QUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHEH. DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DE.SCRIBED HEREIN IS SUBJeCT TO All THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POliCIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
INSR --..---- --- --- - --~POLlCYEFFECTIVETpOL'CY EXPIRAnONl
TYPE OF INSURANCE POLICY NUMBER
I AUW ONC.D'HCCIDENT '--- __J
OTHER THAN _~AAcili___l
AUTO ONLY AGG $
~ . ~~=:RENC~~: ==_
I 7f/1===- ==...l:-=~-
A
104/26/2006
04/26/2007
GEJ,'IIERALLlABILlTY PHPK117&09
Cfl~:::CM::'~~ \,'A:;C;~~ 1\
GEN'L AGGREGATE LIMIT APPLIES PCI11
1-,
PRO- , ,LOC
A 1 ~OMOBILE LIABILITY
I- " ANY AUTO
l-j AI L O\M"llED AUTOS
rX! SCHEDUI FI) AUTOS
JHIKI::DAUTOS
I ' NON-DWNElJ AUTOS
I
1-.
I
10412612006
0412612007
I
1
1
1
r-A~AGE LIABILITY
ANY AUTO
PHPK 117809
I
I
--I
I
I
\
I
IJ;XCESSLIABILITY
- 1---'
r J OCCUR -' CCAIMS MADE
UEDUCTIB\F
RETeNTION $
WORKEPS COMPENSATION AND
I EMPLOYERS' L1A131LlTY
I
A I OTHE~usiness Property
\PHPKll7809
04/2612006
04/26/2007
I
--------'---
LltAITS
EAC'-H OCCURRENCE $ 1,000,000
FIRE..DAMAG[.(A.~Cfirc*.. $. - = 1.0.0'.009
ME.QJ;X~~Olleperson) ,$ __ _ 5.000
~I::KSONAL~\r'J..Ii!UBL $ _ 1,000.000
_GENERAL AGGREGATE_ _:,L 2,UOO,000
PRODUCTS COMl-'!QP AGG+$_ __11000,000
I COMBINED SINGLE LIMIT 1 S I 000 000
(Ea",ndent) , '
1 ~ODIL~URY. ----I $ ------
(l-'erperson]
I -------
BODILY INJURY I
(parllccidonl) $
I PROPERTY DAMAGE
(Per>l"cident)
$
\"'C STATU- I ,OTH-
TORY -LlM1IS.. ~ ERE -
~~L_ E^C.!:!~CCIDEi'o!l _ $ _ -
[LDISE^SE~EMPLOYfF $_ -- -I
E.L DISEASE - POLICY LIMIT $
$70,000 Covcrage/$500 Deductible
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLESIEXCllJSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
The City of Santa Ana, 20 Civic.:: Center Plaza, M-37, Santa Ana, CA Y2701: It's Officers, Employees, Agents and volunteers
are named as Additional Insureds with regard to liability and defense of suits arising from the operations and uses performed by
or 011 behalf of the named insured.
SHOULD ANY OF THE ABOVE OESCR\BED POLICIES BE CANCELLED BEFORE THE EXPIRAnON
30
DATE THEREOF, THE ISSUING INSURER WILl:1!f'l!ft!ll;'Cl'OR"'-O MAIL _ DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFl';'8tlT"1'AILI:l~TO-OO.ge~At.L
I
CERTIFICATE HOLDER
ADDITIONAL INSURED' INSURI!:R LETTER;
CANCELLATION
City ofSantaAnfl
20 Civic Ccntcr Plaz.a,M-37
SalltllAnll
Jj/ItLcU~
CA
lJ2701
_tM~-NO''Cetl(!A'rtON"'OIt-t:jA'81L1-.,y-0f-,.llN'''''Km'' ti1"Ofll"'Il'IE1N8tif1l~
-~I!:SEIllTAff\lI!:$:
AUTHORIZED REPRESENTATIVE
ACORD 25-5 \7197)
@ ACORD COR
ADDITIONAL INSURED ENDORSEMENT
Insurance Company Ph i I ade I ph i a I nsu ranee Company
This endorsement modifies such insurance as is afforded by the provisions of Policy
# PHPKl17809 relating to the following:
1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California
92702; its officers, employees, agents and volunteers are named as additional insureds
("additional insureds") with regard to liability and defense of suits arising from the
operations and uses performed by or on behalf of the named insured.
2. With respect to claims arising out of the operations and uses performed by
or on behalf of the named insured, such insurance as is afforded by this policy is
primary and is not additional to or contributing with any other insurance carried by or for
the benefit of the additional insureds.
3. This insurance applies separately to each insured against whom claim is
made or suit is brought except with respect to the company's limits of liability. The
inclusion of any person or organization as an insured shall not affect any right which
such person or organization would have as a claimant if not so included.
4. With respect to the additional insureds, this insurance shall not be
canceled, or materially reduced in coverage or limits except after thirty (30) days written
notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana,
California 92702.
(Completion of the following, including countersignature, is required to make this
endorsement effective.)
Effective
Policy #
Issued to
4/2612006
PHPK1l7809
Orange County Human Relations Council
Named Insured
, this endorsement form as a part of
Countersigned by i
epresentative
~;~ #
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