HomeMy WebLinkAboutSister of Saint Joseph- TALLER SAN JOSE 14
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AGREEMENT TERMINATION 9' ~\
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Please complete this form when the attached agreement'is no longer in elfl+~
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Return form to the Sf. Deputy Clerk of the Council (q;~"()). Call 647-5238 if you have any
questions.
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The agreement with UXUlX ~ "6 (/). t, ,NoA-d.iJo{p- D9J. -t)lfl
was completed on ~I ~ ;;2. -, , .). 0 01 , and final payment has been made.
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Date: -, /~2:.1 () 7
Revised 8-7-03
City of Santa Ana
Clerk of the Council
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W()Sf'~ M,;Y PROCEED
WilL !i,SUPFJ~CE EXPIRES
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CLU!r, OF COUNCIL
AGREEMENT BETWEEN THE CITY OF SANTA ANA AND
0m, AUG 0 9 2006 SISTERS OF SAINT JOSEPH OF ORANGE FOR USE OF
0: c.Ml- 0,) COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
(L.r-Io~) This Agreement, is hereby made and entered into this 1st day ofJuly, 2006, by and between
the City of Santa Ana, a charter city and municipal corporation of the State of California ("CITY")
and Sisters of Saint Joseph of Orange, a California nonprofit corporation ("SUBRECIPlENT").
A-2006-092-04l
5/05
WIIN~.s..s.~IH
Recitals:
A. The CITY, as an entitlement recipient and grantee of the United States Department of
Housing and Urban Development ("HUD") Community Development Block Grant ("CDBG")
Program, desires to enter this Agreement with the SUBRECIPlENT 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 SUBRECIPlENT is a private nonprofit agency that has been selected by the CITY
to receive CDBG funds and administer such financial assistance; and to provide the services
described in Exhibit A, in accordance with the schedule of performance included therein, hereinafter
referred to as "said program". SUBRECIPlENT represents that it is qualified and willing to operate
said program and certifies that the activities carried out with funds provided under this Agreement
will meet one or more of the CDBG program's National Objectives (24 CFR Part 570.208).
D. SUBRECIPlENT agrees that it will adhere to the performance measurements and
outcomes as indicated on Exhibit B-1 (Outcome Tracking). Failure to follow the measurements
and meet the stated outcomes may constitute breach of contract that could result in termination
of this Agreement or serve as reason for the City to recapture the grant funds awarded to
SUBRECIPlENT pursuant to this Agreement.
E. The CITY and SUBRECIPlENT 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 SUBRECIPlENT:
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I. SUBRECIPIENT'S OBLIGATIONS
A. Non-Profit Status - Representations and Warranties.
(a) Authority. SUBRECIPlENT 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.
SUBREC1PlENT 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 SUBRECIPlENT has been fully authorized by all requisite actions on the part
ofSUBRECIPlENT.
(b) Experience. SUBRECIPlENT is a qualified provider of the services to be provided
hereunder.
(c) Familiarity With Services Required. By executing this Agreement,
SUBRECIPlENT warrants that (i) it has thoroughly investigated and considered the services to
be performed and provided hereunder, (ii) it has carefully considered how the services should be
performed, and (iii) it fully understands the facilities, difficulties and restrictions attending
performance of the services under this Agreement.
(d) No Conflict. To the best ofSUBRECIPlENT'S knowledge, SUBRECIPlENT'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 SUBRECIPlENT is a party
or by which it is bound.
(e) No Bankruptcy. SUBRECIPlENT is not the subject of any current or threatened
bankruptcy proceeding.
(t) No Pending Legal Proceedings. SUBRECIPlENT is not the subject of a current or
threatened litigation that would or may materially affect SUBRECIPlENT'S performance under
this Agreement.
(g) Application Veracity. All provisions of and information provided in
SUBRECIPlENT'S application for funding submitted to CITY including any exhibits are true
and correct in all material respects.
(h) No Pending Investigation. SUBRECIPlENT is not aware that it is the
subject of any current or threatened criminal or civil action investigation by any public agency,
including without limitation a police agency or prosecuting authority, that would relate to affect
performance of the Agreement or provision of services hereunder.
B. Amount of Grant and Ouarterlv Disbursement. The amount granted to
SUBRECIPlENT is $ 34,000("CDBG FUNDS"), and such funds shall be expended by
SUBRECIPlENT on or before June 30, 2007. The CDBG FUNDS shall be disbursed by CITY
to SUBRECIPlENT on a quarterly basis (October, January, April and July) subject to and upon
receipt and approval of a complete quarterly activity report from SUBRECIPlENT, with the final
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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. SUBRECIPlENT shall be obligated to perform such duties as would normally extend
beyond the term, including but not limited to obligations with respect to indemnification, audits,
reporting, data retention/reporting, and accounting.
C. Use of Funds. SUBRECIPlENT agrees to use all federal funds provided by CITY to
SUBRECIPlENT pursuant to this Agreement to operate said program, as set forth in "Exhibit A,"
attached hereto and by this reference incorporated herein. SUBRECIPlENT'S failure to perform as
required may, in addition to other remedies set forth in this Agreement, result in readjustment of the
amount of funds CITY is otherwise obligated to pay to SUBRECIPlENT hereunder.
D. Allowable Costs. SUBRECIPlENT agrees to complete said program on or before
June 30, 2007 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. SUBRECIPlENT shall use all income
received from said funds only for the same purposes for which said funds may be expended
pursuant to the terms and conditions of this Agreement.
E. Licensing. SUBRECIPlENT agrees to obtain and maintain all required licenses,
registrations, accreditation and inspections from all agencies governing its operations.
SUBRECIPlENT shall ensure that its staff shall also obtain and maintain all required licenses,
registrations, accreditation and inspections from all agencies governing SUBRECIPlENT's
operations hereunder. Such licensing requirements include obtaining a City business license, as
applicable.
F. Zoning. SUBRECIPlENT 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
SUBRECIPlENT fail to have the required land entitlement and/or permits, thus violating any local,
state or federal rules and regulations relating thereto, SUBRECIPlENT 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.
SUBRECIPlENT shall notifY CITY immediately of any pending violations. Failure to notifY CITY
of pending violations, or to remedy such known violation(s) shall result in termination of grant
funding hereunder. SUBRECIPlENT 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 SUBRECIPlENT from CITY
pursuant to this Agreement shall be maintained in an account in a federally insured banking or
savings and loan institution with record keeping of such accounts maintained pursuant to applicable
OMB Circular A-110 requirements. SUBRECIPlENT is not required to maintain separate
depository accounts for CDBG FUNDS; provided however, the SUBRECIPlENT must be able to
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account for receipt, obligation and expenditure of CDBG FUNDS pursuant to applicable OMB
Circular A-110 requirements.
H. Audit Report Requirements. SUBRECIPlENT agrees that if SUBRECIPlENT
receives Three Hundred Thousand Dollars ($300,000.00) or more in federal funds,
SUBRECIPlENT 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. SUBRECIPlENT shall provide CITY with a copy of said audit by October 1 of the
year following the program year in which this Agreement is executed.
I. Record Keeping/Reporting. SUBRECIPlENT shall keep and maintain complete and
adequate records and reports to assist CITY in meeting and maintaining its record keeping
responsibilities under the CDBG REGS, including the following:
(1) Records
a. Documentation evidencing program income requirements in
conformity with 24 CFR 570.504(b((2)(i), (ii) and 24 CFR 570.503(b)(3) and 24
CFR 570.208(a)(2)(B) of the income level of persons and/or families participating
in or benefiting by the SUBRECIPlENT program.
b. Documentation of the number of persons and/or families participating
in or benefiting by the SUBRECIPlENT program.
c. Household information shall include number of persons, identification
of head of household, race/ethnicity, and income verification.
d. Documentation of all CDBG FUNDS received from CITY.
e. Documentation of expenses as identified in the Budget Proposal,
including evidence of incurring the expense, invoices for goods or services, copies
of any and all contracts or documentation pertaining to costs for subcontractors,
plus all other invoices for which CDBG FUNDS were expended, and any payments
therefor.
f. Any such other related records as CITY shall reasonably require or as
required to be maintained pursuant to the CDBG REGS.
(2) Reports
(i) Payment Request. Concurrently with the submittal of each
quarterly report, on or before the 15th day of October, January,
April and July, SUBRECIPlENT shall submit both: an original
invoice and true copies of invoices, receipts, agreements, copies
of any and all contracts or documentation pertaining to costs for
subcontractors or other documentation supporting and
evidencing how the CDBG FUNDS have been expended during
the applicable quarter.
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(ii) Quarterly Activity Report: SUBRECIPlENT agrees to keep monthly
records of all ethnic and racial statistics of persons and families benefited by
SUBRECIPlENT 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, case load and activities.
J. Access to Records. CITY and the United State Government and/or their representatives
shall have access for purposes of monitoring, auditing, and examining SUBRECIPlENT's activities
and performance, to books, documents and papers, and the right to examine records of
SUBRECIPlENT's subcontractors, bookkeepers and accountants, employees and participants in
regard to said program. CITY and the United States Government and/or their representatives shall
also schedule on-site monitoring at their discretion. Monitoring activities may also include, but are
not limited to, questioning employees and participants in said program and entering any premises or
any site in which any of the services or activities funded hereunder is conducted or in which any of
the records of SUBRECIPlENT 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
SUBRECIPlENT and all documents related to this Agreement shall be maintained and kept
available at SUBRECIPlENT'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 SUBRECIPlENT does not make the above-referenced documents available within the city
of Santa Ana, California, SUBRECIPlENT agrees to pay all necessary and reasonable expenses
incurred by CITY in conducting any audit at the location where said records and books of account
are maintained.
L. Compliance with Law/Program Income. SUBRECIPlENT 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
SUBRECIPlENT shall be returned to CITY unless otherwise provided for in this Agreement.
SUBRECIPlENT 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. SUBRECIPlENT 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 ofSUBRECIPlENT shall be reported immediately to CITY.
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N. Confidentiality. Without prejudice to any other provlSlons of this Agreement,
SUBRECIPlENT 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,
SUBRECIPlENT shall submit to CITY and or HUD or its representatives, all records requested,
including audit, examinations, monitoring and verifications of reports submitted by
SUBRECIPlENT, costs incurred and services rendered hereunder.
O. Independent Contractor. SUBRECIPlENT agrees that the performance of
obligations hereunder is rendered in its capacity as an independent contractor and that it is in no way
an agency of CITY.
P. Violation of Terms and Conditions. SUBRECIPlENT agrees that if
SUBRECIPlENT violates any of the terms and conditions of this Agreement or any prior
Agreement whereby CDBG funds were received by SUBRECIPlENT, or if SUBRECIPlENT
reports inaccurately, or if on audit there is a disallowance of certain expenditures, SUBRECIPlENT
agrees to remedy the acts or omissions causing the disallowance and repay CITY all amounts spent
in violation thereof. If SUBRECIPlENT engaged in fraudulent activity to obtain and/or justifY
expenditure of the CDBG funds granted hereunder, SUBRECIPlENT shall be required to reimburse
the CITY of all such funds that were obtained/spent under fraudulent circumstances.
Q. Equipment. SUBRECIPlENT agrees to maintain a record for each item of non-
expendable personal property acquired under the terms of this Agreement. Said record shall be
made available to CITY upon request. The term "non-expendable personal property" shall include
leased and purchased equipment.
R. Prohibited Use. SUBRECIPlENT hereby certifies and agrees that it will not use
funds provided through this Agreement to pay for entertainment, meals or gifts.
S. Lobbving. SUBRECIPlENT 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. SUBRECIPlENT shall sign a certification to that
effect in a form as set forth in "Exhibit C," attached hereto and by this reference incorporated herein.
SUBRECIPlENT 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 SUBRECIPlENT 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
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Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the
undersigned shall complete and submit a "Disclosure Form to Report Lobbying," in accordance
with its instructions (see C-l).
T. Financial Interest. SUBRECIPlENT agrees that except for the use of CDBG funds
to pay salaries and other related administrative or personnel costs, no persons who exercise or have
exercised any function with respect to CDBG activities assisted under the terms of this Agreement,
or who are in a position to participate in a decision-making process or gain inside information with
regard to such activities, may obtain a financial interest or benefit from a CDBG-assisted activity of
SUBRECIPlENT, 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 SUBRECIPlENT.
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 US.c. sections 276a - 276a-5. Any such construction contract
shall include and comply with the required contract provisions and rules set forth in 29 C.F.R. ~5.5.
Further, the payroll reports (along with the "Statement of Compliance") and basic records are
required to be maintained and submitted, or made available, pursuant to 29 C.F.R. ~5.5(a)(3). No
payment, advance, grant, loan or guarantee of funds shall be approved by the federal agency unless
there is on file with the agency a certification by the contractor that the contractor and its
subcontractors have complied with the provisions of 29 C.F.R. ~5.5. A breach of the contract
clauses in 29 C.F.R. ~5.5 may be grounds for termination of the contract, and for debarment as a
contractor/subcontractor, as provided in 29 C.F.R. ~5.l2. Labor standards interviews/investigations
shall be made as necessary to assure compliance [29 C.F.R. ~5.6(a)(3)].
V. Drug Free Workolace. SUBRECIPlENT certifies that it has established the following
drug-free workplace policy:
1. The unlawful manufacture, distribution, dispensing, possession or use of a
controlled substance is prohibited in the workplace for any employee involved in a federally funded
program.
2. As an employee working in conjunction with a federally funded program, the
employees of SUBRECIPlENT will be required to:
a) Abide by the terms above in statement 1.
b) NotifY appropriate officials of SUBRECIPlENT and CITY officials of
any criminal drug statute conviction for a violation occurring in the workplace not
later than five days after such conviction.
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3. The CITY and the United State Department of Housing and Urban
Development will be notified within ten days after receiving notice of any such violation.
4. Within 30 days of receiving such notice, appropriate personnel action will be
taken against such employee, up to and including termination.
Each such employee shall be required to participate satisfactorily in a drug abuse
assistance or rehabilitation program approved for such purposes by a federal, state or local health,
law enforcement, or other appropriate agency.
II. CITY'S OBLIGATIONS
A. Payment of Funds. Upon execution of this Agreement by SUBRECIPlENT, CITY shall
pay to SUBRECIPlENT from CDBG funds, when, if and to the extent received from HUD, for
CITY's 2006-07 CDBG program year amounts expended by SUBRECIPlENT in carrying out said
program for fiscal year 2006-07 pursuant to this Agreement up to a maximum aggregate payment
of Thirty-Four Thousand Dollars ($ 34,000) in installments determined by CITY. Payments shall
be made to SUBRECIPlENT 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 SUB RECIPIENT is in compliance with the terms and conditions ofthis Agreement.
B. Audit of Account. CITY shall include an audit of the account maintained by
SUBRECIPlENT in CITY's annual audit of all CDBG FUNDS in accordance with Title 24 of
the Code of Federal Regulations and other applicable federal laws and regulations.
C. Common Rule: Pursuant to CFR 85.40(a), the CITY manages the day-to-day
operations of each grant and sub grant supported activities. CITY staff has detailed knowledge of the
grant program requirements and monitors grant and sub grant supported activities to assure
compliance with Federal requirements. Such monitoring covers each program, function and activity
and performance goals are reviewed periodically.
D. Environmental Review: In accordance with 24 CFR 58, the CITY is responsible for
undertaking environmental review and maintaining environmental review records for each
applicable project.
E. Performance Monitoring: CITY shall monitor the performance of the
SUBRECIPlENT against goals and performance standards required herein. Substandard
performance as determined by the CITY will constitute non-compliance with this Agreement. If
action to correct such substandard performance is not taken by the SUBRECIPlENT within a
reasonable period oftime after being notified by the CITY, contract suspension or termination
procedures will be initiated.
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III. NONDISCRIMINATION
SUBRECIPIENT agrees that no person on the ground of race, age, color, national origin,
religion or sex will be excluded from participation in, be denied the benefits of, or be subjected to
discrimination under any program or activity funded in whole or in part with CDBG funds.
IV. CONFLICT OF INTEREST
Pursuant to the conflict of interest requirements set forth in 24 CFR 576.57 and OMB
Circulars 1-102 and A-llO, SUBRECIPlENT agrees that no officer, employee, agent or assignee of
CITY having direct or indirect control of any CDBG monies granted to the CITY, inclusive of the
subject CDBG FUNDS, shall serve as an officer of SUBRECIPlENT. Further, any conflict or
potential conflict of interest of any officer of SUBRECIPlENT 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 SUBRECIPlENT to CITY regarding any
changes or modifications to its board of directors and list of officers.
V. SPECIAL CERTIFICATION FOR RELIGIOUS ENTITIES
If SUBRECIPlENT is a religious entity, SUBRECIPlENT hereby agrees that in connection
with the provision of the services SUBRECIPlENT shall provide with CDBG funds, in accordance
with 24 CFR 570.200(j):
A. SUBRECIPlENT shall not discriminate against any employee or applicant for
employment on the basis of religion and shall not limit employment or give preference in
employment to persons on the basis of religion.
B. SUBRECIPlENT shall not discriminate against any person applying for the services
SUBRECIPlENT 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. SUBRECIPlENT shall NOT provide religious instruction or counseling, conduct
any religious worship or services, or engage in any religious proselytizing, or exert any religious
influence in the provision of the services in said program. The parties agree that this covenant is
intended to and shall be construed for the limited purpose of assuring compliance with respect to the
use of CITY funds by SUBRECIPlENT with applicable constitutional limitations respecting the
establishment of religion as set forth in the establishment clause under the First Amendment of the
United States Constitution and Article I, Section 4 of the California Constitution, and is not in any
manner intended to restrict other activities ofSUBRECIPlENT.
D. Where the services to be provided under said program are rendered on property
owned by the primarily religious entity SUBRECIPlENT, CDBG funds may also be used for rninor
repairs to such property which are directly related to the cost of rendering the services under said
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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
SUBRECIPlENT agrees not to hire or permit the hiring of any person to fill a position
funded through this Agreement if a member of that person's immediate family is employed in an
administrative capacity by SUBRECIPlENT. 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 SUBRECIPlENT:
Sister Kathleen Maloney
Coordinator Special Projects
Sisters of Saint Joseph-Taller San Jose
801 N. Broadway
Santa Ana, CA 92701
VIII. ASSIGNABILITY
None of the duties of, or work to be performed by, SUBRECIPlENT under this Agreement
shall be subcontracted or assigned to any agency, consultant, or person without the prior written
consent of CITY. SUBRECIPlENT 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 SUBRECIPlENT pursuant to this Agreement.
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IX. HOLD HARMLESS
SUBRECIPlENT shall indemnifY, defend and save harmless CITY, its officers, employees,
agents, representatives and volunteers from and against any and all damages to or for loss of use of
property and for injuries to or death of any person or persons, including property and employees or
agents of CITY, and shall defend, indemnifY and save harmless CITY, its officers, employees,
agents, representatives and volunteers from and against any and all claims, demands, suits, actions
or proceedings of any kind or nature, including, but not by way of limitation, workers compensation
claims and including attorney fees and reasonable expenses for litigation or settlement, resulting
from or arising out of the negligent or wrongful acts, errors or ornissions of SUBRECIPlENT, its
officers, directors, employees, agents, subcontractors and suppliers arising out of
SUBRECIPlENT's performance ofthis Agreement.
X. INSURANCE
A. In accordance with the provisions of Section 3300 of the Labor Code, if
SUBRECIPlENT has any employees it is required to be insured against liability for worker's
compensation or to undertake self-insurance. Prior to commencing performance of this
Agreement, SUBRECIPlENT agrees to obtain and maintain employer's liability insurance with
limits not less than $1,000,000 per accident. If SUBRECIPlENT has no employees, nor
workers' compensation coverage, it must execute a Declaration available from the CITY, and
update as is necessary.
B. SUBRECIPlENT shall undertake self-insurance, or shall obtain, at its sole cost, a
policy or policies of commercial general liability insurance, or equivalent form, with a combined
single limit of not less than $1,000,000 per occurrence.
Such insurance shall: (1) name the City of Santa Ana, its officers, agents,
representatives, employees and volunteers as additional insured's; (2) be primary with respect to
insurance or self-insurance programs maintained by the CITY; (3) contain standard separation of
insured's provisions; and (4) give to CITY prompt and timely notice of claim made or suit
instituted arising out of SUBRECIPlENT' s operations hereunder.
SUBRECIPlENT shall: (a) prior to exercising any right under this Agreement,
furnish properly executed certificates of insurance and additional insured endorsement to the
CITY which shall clearly evidence all coverages required above; (b) provide that such insurance
shall not be materially changed or terminated except on 30 days prior written notice to the CITY;
(c) maintain such insurance for the period covered by this Agreement; and (d) replace such
certificates for policies expiring prior to the expiration of this Agreement.
XI. REVERSION OF ASSETS
A. Upon the expiration of this Agreement, SUBRECIPlENT 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).]
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B. Any real property under SUBRECIPlENT'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, SUBRECIPlENT
shall pay to CITY an amount equal to the current fair market value of the property less any portion
of the value attributable to the expenditure of non-CDBG funds for acquisition of, or improvement
to, the property. Such payment is program income to CITY.
C. Subject to the obligations set forth herein, title to equipment acquired under the
terms of this Agreement will vest upon acquisition in SUBRECIPlENT. When said equipment
which has been acquired in accordance with this Agreement and all applicable regulations is no
longer needed for said program, disposition of said equipment will be made as follows:
1. Items of equipment with a current per unit fair market value of less than
$5,000.00 may be retained, sold or otherwise disposed of with no further obligation to CITY.
2. Items of equipment with a current fair market per unit value of $5,000.00 or
more may be retained or sold and CITY shall have the right to an amount calculated by multiplying
the current market value or proceeds from the sale by CITY's share of federal funds used to acquire
the equipment, in accordance with 24 CFR 85.32(e)(2).
D. SUBRECIPlENT hereby agrees, upon the demand of CITY, to execute,
acknowledge and deliver, or cause any person or entity who may have any claim to rights hereunder
or under any document, instrument or agreement executed in furtherance of the services and
activities to be performed hereunder, to execute, acknowledge and deliver, to CITY assignment(s),
quit claim deed(s) or such other and further instruments, documents and agreements as may be
necessary, in the sole and absolute discretion of CITY, to vest in CITY all of SUBRECIPlENT's
right, title and interest (if any it may have) in and to CITY, CDBG or other federal, state and/or
local accounts or program funds or allocation of funds to which CITY is or may be entitled, either
for its own account or as fiduciary or trustee for others, which were obtained for the purpose of the
performance of this Agreement or any previous agreements relating to the same subject matter or
activities as this Agreement, together with any instruments, loans, grants or advances by
SUBRECIPIENT on behalf of CITY, in furtherance of the activities hereunder or thereof.
SUB RECIPIENT's obligations and responsibilities set forth in this paragraph "XI.
REVERSION OF ASSETS." and in paragraph "XII. TERMINATION" and other requirements
pertaining to program income shall not be affected by the termination of this Agreement and shall
survive the date of termination of this Agreement for such period of time as CITY and/or HUD
deems necessary for the responsibilities, duties and obligations to be performed and completed to
the satisfaction of CITY and HUD.
12
5105
XII. TERMINATION
A. This Agreement may be terminated on thirty (30) days' written notice by either
party. In the event of such termination, SUBRECIPIENT shall only be entitled to reimbursement
for approved expenses incurred to the effective date of termination.
B. This Agreement may be suspended or terminated by CITY upon five (5) days'
written notice for violation by SUBRECIPIENT of Federal Laws governing the use of Community
Development Block Grant Funds. In the event of such suspension or termination, SUB RECIPIENT
shall only be entitled to reimbursement for approved expenses incurred up to the effective date of
suspension or termination.
C. Pursuant to 24 CFR 85.43, in the event SUBRECIPIENT defaults by failing to fulfill
all or any of its obligations hereunder, CITY may declare a default and termination of this
Agreement by written notice to SUBRECIPIENT, which default and termination shall be effective
on a date stated in the notice which is to be not less than ten (10) days after certified mailing or
personal service of such notice, unless such default is cured before the effective date of termination
stated in such notice. If terminated for cause, CITY shall be relieved of further liability or
responsibility under this Agreement, or as a result of the termination thereof, including the payment
of money, except for payment for approved expenses incurred for services satisfactorily and timely
performed prior to the mailing or service of the notice of termination, and except for reimbursement
of (1) any payments made for services not subsequently performed in a timely and satisfactory
manner, and (2) costs incurred by CITY in obtaining substitute performance.
D. The grant of funds under this Agreement may be terminated for convenience in
accordance with 24 CFR 85.44.
E. The grant of funds under this Agreement may be terminated due to the non-
performance of SUBRECIPIENT and/or failure of SUBRECIPENT to perform the work described
in Exhibits A and B or failure to meet the performance standards and program goals set forth
therein.
F. In the event this Agreement is terminated as set forth in subparagraphs XILA.
through XILE., inclusive, SUB RECIPIENT agrees to immediately return to CITY upon CITY's
demand and prior to any adjudication of SUB RECIPIENT's rights, any and all funds not used, and
to comply with paragraph "XL REVERSION OF ASSETS" of this Agreement.
XIII. LIMITATION OF FUNDS
The United States of America, through HUD, may in the future place programmatic or fiscal
limitations on the use of CDBG funds which limitations are not presently anticipated. Accordingly,
CITY reserves the right to revise this Agreement in order to take account of actions affecting HUD
program funding. In the event of funding reduction, CITY may, in its sole and absolute discretion,
13
5105
reduce the budget of this Agreement as a whole or as to costs category, may limit the rate of
SUBRECIPlENT's authority to commit and spend funds, or may restrict SUBRECIPIENT's use of
both its uncommitted and its unspent funds. Where HUD has directed or requested CITY to
implement a reduction in funding, in whole or as to a cost category, with respect to funding for this
Agreement, CITY's City Manager or delegate is authorized to act for CITY in implementing and
effecting such a reduction and in revising, modifYing, or amending the Agreement for such
purposes. If such a reduction in funding occurs, SUBRECIPIENT shall be permitted to de-scope
accordingly. Where CITY has reasonable grounds to question SUBRECIPIENT's fiscal
accountability, [mancial soundness, or compliance with this Agreement, CITY may suspend the
operation of this Agreement for up to sixty (60) days upon five (5) days written notice to
SUBRECIPIENT of its intention to so act, pending an audit or other resolution of such questions.
In no event, however, shall any revisions made by CITY affect expenditures and legally binding
commitments made by SUB RECIPIENT 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.
XVII. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the power,
authority and right to bind their respective parties to each of the terms of this Agreement, and shall
14
5/05
indemnifY CITY fully, including reasonable costs and attorney's fees, for any injuries or damages to
CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn.
b. All Exhibits and Attachments referenced herein and attached hereto shall be
incorporated as if fully set forth in the body of this Agreement.
c. No delay or omission by either party hereto to exercise any right or power accruing
upon any noncompliance or default by the other party with respect to any of the terms of this
Agreement shall impair any such right or power or be construed to be a waiver thereof. A
waiver by either of the parties hereto of any of the covenants, conditions, or agreements to be
performed by the other shall not be construed to be a waiver of any succeeding breach thereof
or of any other covenant, condition or agreement herein contained.
15
5105
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the last date and
year written below.
PATRICIA E.HEAL Y
Clerk of the Council
CfITli'/f;:Z.
DAVIDN.REAM
City Manager
/~!~~
&~~<
APPROVED AS TO FORM:
JOSEPH W. FLETCHER
City Attorney
&-' f.~
y: ISA E. STORCK
Assistant City Attorney
SUBRECIPIENT:
DATE:
I?~ &R~ );-;~
, Name: Eileen McNerney ~
Title: Executive Director
Tax ID: 95-1643383
16
City of Santa Ana
Community Development Block Grant
Scope of Work
Name of Organization- Taller San Jose
Name of Funded Program- Taller San Jose
Annual Accomplishment Goal
I. Total number ofunduplicated clients (Santa Ana and Non-Santa Ana Residents) anticipated to be served by
the funded program, named above, during the l2-month contract period.
500 PERSONS
II. Number of only unduplicated Santa Ana residents to be served by the funded program, named above,
during the l2-month contract period.
300 PERSONS
Program and Funding Description
III. Description of Work - In the space below, describe the program to be funded during the l2-month
contract period.
Taller TECH is a IS-week, paid apprenticship programwhich focuses on the fundamentals of residential construction and job
readiness. Annually there are six sessions of 15-20 students. 87% of graduates are employed within 30 days at an average wage of
$12/hr.
CareerTech aims to "bridge the digital divide" among TSJ's high risk youth through computer technology and professional
development. Students' knowledge is validified through globally-recognizes certification in Microsoft Office and A+ Computer
Repair. Business Skills classes are woven throughout the 16-22 week paid training programs. Students are matches with
employment upon program graduation. Annually there are 2 sessions of 20-25 students for each class. 75% of graduates will fmd
employment within 60 days at an average wage of $ 10/hr.
Through the Certified Nurse Assistant (CNA) training program, TSJ trains students to help meet the need for healthcare workers in
Orange County's healthcare community. The 18 week program prepares students to work in convalesent care faacilities and
hospitals. Program completion creates eligibility for students to take examinations leading to state CNA certification. There are 2
sessions of 12-15 students annually. 98% ofCNA graduates will pass state board exams and find employment above $9/hr.
TSJ's high school program is open to all sstudents seeking a high school diploma. Students receive academic counseling and
mentoring to assist them in achieving their diploma. Approximately 70 students register for the high school program quarterly.
IV. Activities funded by this grant - How will CDBG funds be used for the funded program? Narratively
describe the budget for the funded program illustrated in Exhibit B and B-1.
CDBG funds will be used to supplement the operating budget for Taller San Jose. Specifically, CDBG funds will be used for
communitcations, utilities and off-site parking. The buildings used for Taller San Jose Programs are large and expensive to maintain
and parking is insufficient at both building sites for the number of student participants coming for services. Funds granted from
CDBG will provide the pro-rated expenses for telephone services and utilities necessary for the operation of the buildings used for
Taller San Jose's programs. These funds will also be used for providing off-site parking.
Exhibit A
Page 10f2
Schedule of Performance
. Estimate the number of only unduplicated Santa Ana residents to be served by the funded program during the
l2-month contract period per quarter. (How many new Santa Ana clients will be served each quarter.)
Quarter 1: Julyl - September 30
Quarter 2: Octoberl - December 31
Quarter 3: January 1 - March 31
Quarter 4: April 1 - June 30
150 Persons
~Persons
70 Persons
~Persons
300 Total number of un duplicated Santa Ana residents to be
served. (Must equal the number for II above.)
Schedule ofInvoicing
Estimate the amount of grant funds to be requested during the l2-month contract period on a quarterly basis.
Quarter 1: Julyl - September 30
Quarter 2: October! - December 31
Quarter 3: January 1 - March 31
Quarter 4: April 1 - June 30
$8,500
$8.500
$8.500
$8.500
$34.000Total Grant (Must equal the Total Program Budget
indicated on Exhibit B.)
Exhibit A
Page 2 of2
.
CITY OF SANA ANA
Community Development Block Grant
Outcome Tracking
IMPORTANT: The City of Santa Ana is in the process of incorporating the new HUD Performance
Outcome Tracking guidelines, therefore this section is subject to change in order to be compliant with
HUD regulations. If the situation should occur that the current tracking system is not sufficient to meet
HUD regulations an amendment to this contract will be needed.
Instructions: From the list of activities below select the activity that best describes the purpose of the program that will be funded
in fiscal year 06-07 by these grant funds. Two activities have multiple outcomes, therefore if "Senior Services" or "Youth Services" is
selected, please select the one outcome that best describes the purpose of the funded program. ONLY if none of the activities listed
adequately describe the funded program, please select that last activity "Low- and Moderate Income Services".
Fulfillment
Tracking HUD Objective to be fulrdled HUD Outcome to be fulfilled iUustrated by
HUD Indicator
Suitable Creating Specific Outcome
Activity/Program Outcome Tracking Goal Living Decent Economic Availability/ Affordability Sustainabilit: Indicator #
Environment Housing Opportunitie Accessibility (Please see page 4
of 4 for dcsc.)
nti-CrimeServices Track the rcduction in lReduccresponse time to
!response time and the eriouscrimcsintheCity's
umherofcriminal lLow-andModerate-lncome
D apprehended as a result. rea by at lcast 3 minutes
jresulting in the apprehension 2
fl,500 criminals that may X X
thcrwiseesc3pe.
u.S-yeargoal to be
chievedby FY 09/10
air HOllsing Services IProvidefairhou.ing.ervice 1. Providefairhou.ing
~dongoingllnalY;;isof ounseling,educlltionllnd
mpedimentstofllirhollsing. nforcementscrvicesto
D 7,000 San1H Ana households. X X 2
"U5-yeargoaltobe
achieved by FY 09110
" Annually assess actions_tc 2
hminatcirnpedirnenlstoflli X X
ousing.
piornele.snes.Prevention Track assisted individuals 50%ofassi.tedindividuals
Iwho retained their housing or ndhousehold. will retain
~:itiesforlltleast6rnonths heir housing or utilities for 14
D erasslstancewas t least 6 months llfier X X
jprovided. ssistance is provided.
IEmergencyShelter Track individuals who 50% of
!received support services individualslhouscholdsthat 12 or
that were linked to one or jare provided with emergency
D !more additional support shelter will transition to X X
serviceandlorapproprillte 'nterim housing (i.e., 13
ousing. jtransitionalhousing),
ransitionlllHousing Track homeless individuals % of homeless individuals
Iwhoparticiplltedin articipatingintransitional 2
ansitional housing prognun ou.ingprogram will be X X
D ~atwereplacedin 11lCed in permanent housing.
Ioormanenthousing.
upponiveServices Track individuals who 50%ofindividuals/families
lreceivedsupportservices lreceiving support services
that were linked to one or ill be linked to one or more 2
D Imore additional support dditional support service X X
serviceandlorapproprillte ndlorapproprilllehousing.
ousing.
Exhibit A-I
Page 1 of4
.
Fulrdlment
illustrated by
Trackinp HUD Ob. ective to be fulrdled HUn Outcomes to be fulfIlled HUD Indicator
Suitable Creating Specific Outcome
Activity/Program Outcome Tracking Goal Living Decent Economic Availability! Affordability Sustainabilit; Indicator #
Environment Housing bpportunitie Accessibility (Please see page 4
of 4 for dcsc.)
Senior Services 1. Track assistcd senior I. 80% of assisted senior
itizensthatrcmained itizens will remain
D independem for at least I ndependent for at least I X X 2
earaftcrscrviceswere earaftcrscrvicesare
iProvided. rovided.
2. Track seniors roceiving . 90"/0 of seniors receiving
ferrals that wcrc linked to eferrals will be linked 10 the
D the services sougbt. services sought X X 2
Jwncr-Occupied wnber ofowncrs assisted hysical safety and comfort
ousingRehabilitation to rehabilitate their primary ill bc improved for Low
sidence for the following nd Moderntc incomc
income categories: ouseholds by improving
D -Extremely Low Income omes 10 a level that meets 9
-Very Low Income If exceeds HUDhousing X X
-Moderate Income ualitystandards.
Spccial Nceds Categories
Large Families
rail Elderly Services rack frail elderly ;lO%offraile,lderly
individuals that were linked 'ndividuals W1U be linked to 2
D the scrviccssoughl. hcscrvicessoughl. X X
isabledServices rack disables persons upport independent living
hose indepcndent living or 90% of disabled persons 2
D as supported by City funds, ssisted by City funds. X X
ervicesforMentallyIll Track individuals assisted 100% of individuals assisted
ith City resources that were ith City resources will be
D rovided an entry point into rovided an entry point into 2
the regional mcntal health the regional mental health X X
care system and linked to at are system and linked to at
least one additional mental least one additional mental
ealthsupportiveservice. ealth supportive service.
ServicesrorSubstance Track how many individuals nvide entry into the
ddicted ith substlnce addiction in gionalrecoverysystemfor
erc provided an entry inlo S individuals vrith
crcgional recoverysystcm ubstance addiction and link
D and linkcd to additional cm to additional services. 2
services. X X
....S.year goal to bc
chieved by FY 09/10
outhScrvices I. Track improvement in L Foreducation-bascd
jpro-test,post-testscorcs. jprograms,improvepre.test 2
D jPost-test scoresby SO% X X
2. Tracknumbcrof 2. Providc opportunities for
D individuals exposed to the xposure to the fine arts. X X 2
fine arts.
D 3. Trackehildren/youth .90%ofchildrenlyouth
seeking referrals that were eekingreferralswillbc X X 2
linked to the scrvices sougltt. linked to the services sought
ILOw-andModerate- rack program participants rm:-'o of program participants
ImcomeServices fthatwere linked to services iIlbclinkedtoservices 2
sought. sought. X X
~
Exhibit A-I
Page 2 of 4
.
.
Description of Outcome Tracking System:
Please describe your organization's outcome tracking system that will enable you to fulfill the outcome selected above.
All program participants are tracked through a data base that records program completion, certifications, graduations and employment.
Program attendance is tracked through a time-clock computer program.
Exhibit A-I
Page 3 of 4
.
.
Specific Outcome Indicators
2) Public service activities
Number of persons assisted:
. with new access to a service
. with improved access to a service
· where activity was used to meet a quality standard or measurably improved quality, report the number
that no longer only have access to substandard service
9) Owner occupied units rehabilitated or improved
Total number of units:
Number occupied by elderly
Number of units brought from substandard to standard condition (HQS or local code)
Number qualified as Energy Star
Number of units brought into compliance with lead safe housing rule (24 CFR part 35)
Number of units made accessible for persons with disabilities
12) Number of homeless persons given overnight shelter
13) Number of beds created in overnight shelter or other emergency housing
14) Homelessness Prevention
· Number of households that received emergency financial assistance to prevent
homelessness
· Number of households that received emergency legal assistance to prevent
homelessness
Exhibit A-I
Page 4 of 4
.
. Program Year 2006-2007
Final Budget
Organization Name Taller San Jose
Program Name Taller San Jose
Expenditures
Expenses Funded by Expenses Funded Total Program Total Organizational
Cate 0 Santa Ana COBG b Other Sources Bud et Bud et
Administrative Staff
Salaries & Benefits $ 240,828 $ 240,828 $ 240,828
Program Staff Salaries &
Benefits 780,622 $ 780,622 780,622
Contractual/Professional
Services: List below
1 $ 143,230 $ 143.230 $ 143,230
2 $
3 $
Office Su lies 50,618 $ 50,618 $ 50,618
Rent 32,300 $ 32,300 $ 32,300
Communications $ 9,000 6.500 $ 15,500 $ 15,500
Utilities $ 16,500 15,500 $ 32,000 $ 32.000
Insurance 36,708 $ 36,708 $ 36,708
Other:List below
1 Off~ Site Parking $ 8,500 $ 5,900 $ 14,400 $ 14,400
2 Program Expenses $ 466,718 $ 466,718 $ 466,718
3 Other $ 300,785 $ 300,785 $ 300,785
4 $
5 $
Total $ 34.000 $ 2,079,709 $ 2.113,709 $ 2,113,709
LIST ALL OTHER PROGRAM FUNDS THAT HAVE BEEN SECURED FOR 06-07
(Total Funds for Program must equal Total Program Budget above)
Sou rce Amount
Santa Ana CDBG $ 34,000
Government rants $ 295,000
Foundation Grants & Srs of St Jose h $ 601.000
Fundraisin Events $ 500,000
Donor Contributions $ 536,610
Other $ 147,099
Total Funds for Pro ram
Exhibit B
Page 1 of 1
$
2,113,709
.
2006-2007 Funded Personnel
Name of Organization:
Name of Program
Taller San Jose
Taller San Jose
ADMINISTRA TIVE STAFF
Position Title Annual Annual Total CDBG Funds % of time Of this time % of Tot a!
Salary Benefits Compensation Requested for spent on percent of Compensation
this position funded time serving Eligible
nrouram Santa Ana
$ - 0%
$ - 0%
$ - 0%
$ - 0%
$ - 0%
$ - 0%
$ - 0%
$ - 0%
$ - 0%
Total Amount Reauested $ -
Must equal amount indicated on Exhbit B
PROGRAM STAFF
Position Title Annual Annual Total CDBG Funds % of time Of this time % of Total
Salary Benefits Compensation Requested for spent on percent of Compensation
this position funded time serving Eligible
nroo-ram Santa Ana
$ - 0%
$ - 0%
$ - 0%
$ - 0%
$ - 0%
$ - 0%
$ - 0%
$ - 0%
$ - 0%
Total Amount Reauested $ -
Must equal amOWlt indicated on Exhbit B
CONTRACTUALIPROFESSIONAL SERVICES
Position Title Annual Annual Total CDBG Funds % of time Of this time % of Total
Contract Benefits Compensation Requested for spent on percent of Compensation
Amount this position funded time serving Eligible
nTQQ:ram Santa Ana
$ - 0%
$ - 0%
$ - 0%
$ - 0%
$ - 0%
$ - 0%
$ - 0%
$ - 0%
$ - 0%
Total Amount Reouested $ -
Must equal amount indicated on Exhbit B
***Please note for personnel whose time is not directly traced to serving Santa Ana and instead a percentage is used please
confirm the percentage is accurate prior to requesting reimbursement.
Exhibit B-1
Page I of I
.
.
Certification Regarding Lobbying
Certification for Contracts. Grants. Loans. and Cooperative Agreements
The undersigned certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of Congress, or
an employee of a Member of Congress in connection with the awarding of any Federal
contract, the making of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any Federal contact, grant, loan or cooperative
agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee ofa
Member of Congress in connection with this Federal contract, grant, loan, or cooperative
agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure
Form to Report Lobbying," in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the
award documents for all subawards at all tiers (including subcontract, subgrants, and
contracts under grants, loans, and cooperative agreements) and that all subrecipients shall
certifY and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by Section 1352, Title
31, U. S. Code. Any person who fails to file the required certification shall be subject to
a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
Taller San Jose
Grantee/Contactor Organization
Taller San Jose
Program Title
Sister Eileen McNerney, CSJ
Name of CertifYing Officer
- /-1
\&~ ~L.t-&Ie-"
Signature
Date
EXHIBIT C
Page 1 of2
.
\
SUBRECIPIENT warrants the following:
1. SUB RECIPIENT will comply with Public Law 88-352, Title VI of the Civil Rights
Act of 1964 (42 U. S. C. section 2000 et seq.) and implementing regulation in 24 CFR
Part 1.
2. No person in the United States shall on the ground of race, color, religion, national
origin, or sex, be excluded from participation in, or be denied the benefits of, or be
subjected to discrimination under any program or activity funded in whole or in part with
community development funds made available pursuant to the ACT.
3. All laborers and mechanics, employed by contractors or subcontractors in the
performance of construction work financed in whole or in part with community
development funds shall be paid wages at rates not less than those prevailing on similar
construction in the locality as determined in accordance with the Davis-Bacon Act, as
amended, 40 U. S. C. Sections 276 a 1-5, except for individuals who perform services for
which they volunteered; do not receive compensation for such services; or are paid
expenses, reasonable benefits, or a nominal fee for such services; and are not otherwise
employed at any time in construction work.
4. SUB RECIPIENT will comply with all Federal statutes applicable to projects funded
with community development funds, except that (a) SUBRECIPIENT does not assume
CITY'S environmental responsibilities described at 24 CFR 570.604; and (b)
SUB RECIPIENT does not assume CITY'S responsibility for initiating the review process
under Executive Order 12372.
EXHIBIT C
Page 2 of2
.'
ACORD", CERTIFICATE OF LIABILITY INSURANCE Page 1 of 2 I DATE
07/11/2006
PRODUCER 877-945-7378 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Willis North America, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
26 Century Blvd. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
P. O. Box 305191
Nashville, TN 372305191 INSURERS AFFORDING COVERAGE NAIC#
INSURED Taller San Jose INSURER A: American Unitv Groun Ltd C0929-001
801 N. Broadway INSURER B: .
Santa Ana, CA 92704
INSURER C:
INSURER 0;
, INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR ~RD' TYPE OF INSURANCE POUCY NUMBER "8,Hi~Wn'ig]JW P8.k!fl.~.rJ..~,ro?N LIMITS
LTR NSR
A X ~NERAL UABILlTY ONI-CGL-06-01-022 6/30/2006 6/30/2007 EACH OCCURRENCE $ 2 000 000
X COMMERCIAL GENERAL LIABILITY ~~~~~~OE~~~C8\ $
I CLAIMS MADE [i] OCCUR MED EXP (AnYone person) $
f- PERSONAL & ADV INJURY $ 2 oon 000
f- GENERAL AGGREGATE $ 2 000.000
n'lAGG:nE ~~~ APnSIPER: PRODUCTS - COMP/OP AGG $
POLICY JECT LOC
~TDMOBILE LIABILITY COMBINED SINGLE LIMIT $
I- ANY AUTO (Eaaccident)
I- ALL OWNED AUTOS BODilY INJURY
$
I- SCHEDULED AUTOS (Pefperson)
I- HIRED AUTOS BODILY INJURY
$
~ NON-OWNED AUTOS (Per accident)
- PROPERTY DAMAGE $
(Peraccidenl)
~~GE UABILITY AUTO ONLY. EAACCIDENT $
ANY AUTO OTHER THAN EAACC $
AUTO ONLY: AGG $
EXCESS UABILITV EACH OCCURRENCE $
~:::rOCCUR 0 CLAIMS MADE AGGREGATE $
$
==I ~EDUCT1BLE $
RETENTION $ $
WORKERS COMPENSATION AND I T~~~IfJNs I IOl~-
EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $
OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $
~~c:le~~~~~~NS b9IoW E.L. DISEASE - POLICY LIMIT $
OTHER
DESCRIPTION OF OPERATlONSJLOCATlONSNEHICLESlEXCLU~ONSADDED BY ENOORSEMENTISPECIAL PROVISJONS
It is agreed that City of Santa Ana and Santa Ana Empowerment Corp. is included as an Additional
Insured as respects to General Liability.
< p,
, u . /'i~) t"t,j I ,\ .1', ,
'-,
CERTIFICATE HOLDER '-F P'/ /. CANCELLATION
.-.;'"2/ ~~~(T/LL~- SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE EXPIRATJON
- DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~
DAYS WRmEN
" ,. ".' NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO 00 SO SHALL
r, ,
IMPOSE NO OBLtGATlON OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
Ci ty of Santa Ana and Santa Ana Empowerment Corp. REPRESENTATIVES.
20 Civic Center Plaza, M-21, PO Box 1988 A(1QZEJM)ESENTATlVE
Santa Ana, CA 92702
ACORD 25 2001/08 1. -l' e
Co1 .1684855 Tpl.520840 Cert.7520116
@ACORDCORPORATION 1988
C .11-
Page 2 of 2
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the Issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
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ACORD 25 (2001/08)
Coll:1684855 Tpl:520840 Cert:7520116
ADDITIONAL INSURED ENDORSEMENT
FOR COMMERCIAL GENERAL LIABILITY POLICY
Insurance Company: American Unitv GrouP. Ltd.
This endorsement modifies such insurance as is afforded by the provisions of Policy #
UNI -CGL-06-0 1-022 (1-14601-00-06) relating to the following:
1. The Santa Ana Empowerment Corporation and the City of Santa Ana, 20 Civic
Center Plaza, PO Box 1988, Santa Ana, California 92702; its officers employees, agents,
volunteers and representatives 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 cancelled, or
materially reduced in coverage or limits except after thirty (30) days written notice has
been given to the Santa Ana Empowerment Corporation, Inc., 20 Civic Center Plaza (M-
21), PO Box 1988, Santa Ana, California 92702.
(Completion of the following, including countersignature, IS required to make this
endorsement effective.)
Endorsement # A3
Effective
06/30106 to 06/30/07, this endorsement form as a part of
Policy #
UNI -CGL-06-0 1-022 (1-14601-00-06).
;.:,_.; /\.S co E~()L': 1\,j
Issued to
St. Joseph Health Svstem
Named Insured
Countersigned by
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, ,.,
,-,.., --". 'I. e,; '" -
Authorized Representative
ACORD~
PRODUCER
877 -945-7378
DATE
07/11/2006
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
CERTIFICATE OF LIABILITY INSURANCE Page 1 of 2
willis North America, roc.
26 Century Blvd.
P. O. Box 305191
Nashville, TN 372305191
INSURERS AFFORDING COVERAGE
NAIC#
INSURED
Taller San Jose
801 N. Broadway
Santa Ana, CA 92704
INSURER A: Hartford Insurance Com an of the Midwest 37478-001
INSURER B:
INSURER C;
INSURER 0:
INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO All THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR DD' TYPE OF INSURANCE POUCY NUMBER P8..Hi~i~8~E P8k'Fllrr.Cb~ZlQN
LTR NSR LIMITS
~NERAL LIABIUTY EACH OCCURRENCE .
COMMERCIAL GENERAL LIABILITY ~~~~~~OE~~~l .
j CLAIMS MADE 0 OCCUR MED EXP (Any ooe person) .
PERSONAl & ADV INJURY .
GENERAL AGGREGATE .
-q~rILAGG~nE ~~~ APnS PER: PRODUCTS - COMPIOP AGG .
POLICY JECT LOC
~OMOBILE LIABILITY COMBINED SINGLE LIMIT .
- ANY AUTO (Eaacciclent)
- ALL OWNED AUTOS BODILY INJURY
.
SCHEDULED AUTOS (Per person)
-
- HIRED AUTOS BODILY INJURY
.
NON-OWNED AUTOS (Peraccidenl)
-
PROPERTY DAMAGE .
(Peraccidenl)
~~GE UABILlTY AUTOONL Y - EAACCIDENT .
ANY AUTO OTHER THAN EA ACC .
AUTO ONLY: AGG .
EXCESS LIABILITY EACH OCCURRENCE .
~::rOCCUR D CLAIMS MADE AGGREGATE .
.
~ ~EDUCTlBLE .
RETENTION . .
A WORKERS COMPENSATION AND 72WNC93300 5/31/2006 5/31/2007 X ) T~~il~JHs I IDJIt
EMPLOYERS' LIABILITY
AtfY PROPRIETOR/PARTNERlEXECUTIVE E.L. EACH ACCIDENT . 1 000 000
OfFICER/MEMBER EXCLUDED? EL. DISEASE - EA EMPLOYEE . 1 000 000
~~~Cr:L~~~~~NS below E.L. DISEASE - POLICY LIMIT . ' nnn 000
OTHER
";':1'U I. ~, I.., 1'u l,n i;'i'A
<,~ , ""-
DESCRIPTION OF OPERATIONSILOCATlONSNEHICLESlEXCLUSIONS ADDED BY ENDORSEMENTfSPECIAL PROVISIONS
~
'"-'. ~-,,- .... ------,-:'.:~-'--:-_._._,.,_.-
"
f:
CERTIFICATE HOLDER
CANCELLATION
Ci ty of Santa Ana and Santa Ana Empowerment Corp.
20 Civic Center Plaza, M-21, PO Box 1988
Santa Ana, CA 92702
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRAnON
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRmEN
NonCE TO THE CERnACATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGAnON OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATlVES.
AUTHORiZED REPRES
ACORD 25 (2001/08)
Coll:1684859 Tp1:504710
@ ACORD CORPORATION 1988
(J, G,
Page 2 of 2
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED. subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25 (2001/08)
Coll:1684859 Tpl:504710 Cert:7520120