HomeMy WebLinkAboutREBUILDING TOGETHER O.C. 6 - 2006
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AGREEMENT BETWEEN THE CITY OF SANTA ANA AND
REBUILDING TOGETHER ORANGE COUNTY FOR USE OF
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
(With Provisions Relating to Compliance with Title X
and 24 CFR Part 35 Relating to Lead Based Paint)
This Agreement, made and entered into this I st day of July, 2006, by and between the City
of Santa Ana, a charter city and municipal corporation of the State of Califomia ("CITY") and
t{~1illlllill!lgtt'lt(iget!i~*"~giid~~tY; a California nonprofit corporation ("SUBRECIPIENT"),
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Recitals:
A. Thc CITY, as an entitlement recipient and grantee of the Unitcd States Department of
Housing and Urban Development ("HUD") Community Development Block Grant ("CDBG")
Program, desires to enter this Agrccmcnt with the SUBRECIPIENT for the expenditure of CDBG
funds in accordancc 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 ofthc
Housing and Community Development Act of 1974, Public Law 93-383, as amcndcd ("ACT'); and
C. The SUBRECIPIENT is a private nonprofit agency that has been selected by the CITY to
receive CDBG funds and administer such financial assistance; and to provide the services described
in Exhibit A, in accordance with the schedule of performance included therein, hereinafter referred
to as "said program". SUBRECIPIENT represents that it is qualified and willing to operate said
program and certifies that the activities carried out with funds provided under this Agreement will
meet one or more ofthe CDBG program's National Objcctivcs (24 CFR Part 570.208).
D. SUB RECIPIENT agrees that it will adhere to the performance measurements and
outcomes as indicated on Exhibit A-I ("Outcome Tracking"). Failure to follow the
mcasurcments 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 SUB RECIPIENT pursuant to this Agreement.
E. Title X of the 1992 Housing and Community Development Act (Title X) established
requirements relating to lead based paint ("LBP") in housing receiving fcdcral assistance,
in particular requirements relating to (i) notification (including pamphlet distribution, disclosure to
purchasers and lessees, notice of lead hazard presumption or rcsults of cvaluation, andlor lead
hazard rcduction), (ii) Icad hazard cvaluation (including visual assessment, paint testing, andlor risk
assessment), (iii) lead hazard reduction (including paint stabilization, interim controls, standard
treatments, or abatement depending on the rcquirements for housing activity typc), (iv) ongoing
maintenance, if required, and (v) response to children with environmental intervcntion blood lead
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levels, as required; and
F. On September 15, 1999 HUD adopted implementing regulations to Title X that became
effective September 15,2000 as set forth in 24 CFR Part 35, et seq. ("LBP Regs"), which establish
specific rules regarding notification to owners and occupants about the existence of LBP hazards,
identification of LBP hazards, and control of LBP hazards; and
G. Residential structures built after January 1, 1978 are exempt from lead-based paint
requirements as the use of lead-based paint was barmed for use in residences after this date by
Congress (24 CFR Part 35.115). Therefore, the Title X requirements set forth herein shall not be
applicable if the structures involved were built after January 1, 1978.
H. Subpart K - Acquisition, Leasing, Support Services, and Operation of the LBP Regs,
sets forth specific requirements relating to housing providers, such as SUBRECIPIENT, who
administer local programs that provide supportive housing for special needs populations and are
funded by HUD Office of Community Planning and Development ("CPD") programs, including
CDBG funds, as provided to SUBRECIPIENT under this Agreement; and
I. In connection with the grant of funds under this Agreement, CITY requires that
SUBRECIPIENT comply and evidence of compliance with all applicable requirements of Title X
and the LBP Regs, in particular Subpart K relating to acquisition, leasing, support services, or
operations, and Subpart J relating to rehabilitation, as and when applicable; and
J. In connection with the grant of funds under this Agreement, CITY requires that
SUBRECIPIENT comply and show evidence of compliance with all applicable requirements of
Title X and the LBP Regs, in particular Subpart M relating to tenant based rental assistance, as and
when applicable; and
K. Attached and hereby fully incorporated to this Agreement are the following notification
attachments: Attachment No. I entitled "Protect Your Family From Lead In Your Home",
EPA747-K-99-001, Attachment No.2 entitled "Sample Disclosure Format for Target Housing
Sales, Disclosure of Information on Lead-Based Paint and Lead-Based Paint Hazards", and
Attachment No.3 entitled Sample Summary Risk Assessment Notice Format"; provided however,
that such attachments are not intended to modify or limit SUBRECIPIENT'S obligation to fully
comply with all applicable provisions of Title X and the implementing regulations in the LBP Regs;
and
L. By this Agreement SUBRECIPIENT will accept assignment from the CITY of all
responsibilities set forth in Subpart K of the LBP Regs; and
M. The CITY and SUB RECIPIENT have duly executed this Agreement for the expenditure
of such funds; and
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WHEREFORE, it is agreed by and between the parties, that the foregoing Recitals are a substantive
part of this Agreement and the following terms and conditions are approved and together with all
exhibits and attachments hereto, shall constitute the entire Agreement between the CITY and
SUBRECIPIENT:
I. SUBRECIPIENT'S OBLIGATIONS
A. Non-Profit Status - Representations and Warranties.
(1) SUBRECIPIENT acknowledges that its operations and the services it provides to the
community are subject to Subpart K (and, in some instance(s) Subpart J and/or Subpart M) of the
LBP Regs.
(2) SUB RECIPIENT acknowledges that its operations and the services it provides
includes: (a) acquisition, leasing, or ownership of residential property for the purpose of
providing affordable housing for persons with special needs, such as transitional housing, or
(b) housing for persons with special needs, such as the disabled, or (c) financial assistance to
assist transitional housing participants to move to permanent housing by paying for the first
month's rent or security deposit, or (d) tenant-based rental assistance to program participants
who choose their own housing units, and by provision of such services such housing is subject to
the requirements of the LBP Regs.
(3) Representations:
(a) Authority. SUBRECIPIENT is a duly organized and existing non-profit
corporation in good standing and authorized to do business under the laws of the State of
California. SUB RECIPIENT has full right, power and lawful authority to accept the funding
hereunder and to undertake all obligations as provided herein and the execution, performance
and delivery of this Agreement by SUBRECIPIENT has been fully authorized by all requisite
actions on the part of SUB RECIPIENT.
(b) Experience. SUB RECIPIENT is a qualified provider of the services to be
provided hereunder.
(c) Familiarity With Services Required. By executing this Agreement,
SUBRECIPIENT warrants that (i) it has thoroughly investigated and considered the services to
be performed and provided hereunder, (ii) it has carefully considered how the services should be
performed, and (iii) it fully understands the facilities, difficulties and restrictions attending
performance of the services under this Agreement, inclusive of compliance with the LBP REGS.
Should SUBRECIPIENT discover any latent or unknown conditions materially differing from
those inherent in the work or as represented by CITY, it shall immediately inform CITY of such
fact and shall not proceed except at SUBRECIPIENT'S risk until written instructions are
received from CITY'S representative.
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(d) No Conflict. To the best of SUB RECIPIENT'S knowledge,
SUBRECIPIENT'S execution, delivery and performance of its obligations under this Agreement
will not constitute a default or a breach under any contract, agreement or order to which
SUBRECIPIENT is a party or by which it is bound.
(e) No Bankruptcy. SUBRECIPIENT is not the subject of any current or
threatened bankruptcy proceeding.
(f) No Pending Legal Proceedings. SUB RECIPIENT is not the subject of a
current or threatened litigation that would or may materially affect SUBRECIPIENT'S
performance under this Agreement.
(g) Application Veracity. All provisions of and information provided in
SUBRECIPIENT'S application for funding submitted to CITY including any exhibits are true
and correct in all material respects.
(h) No Pending Investigation. SUBRECIPIENT is not aware that it is the
subject of any current or threatened criminal or civil action investigation by any public agency,
including without limitation a police agency or prosecuting authority, that would relate to affect
performance of the Agreement or provision of services hereunder.
(4) Compliance with Subpart K of LBP Re2s. Subpart K - Acquisition,
Leasing, Support Services, or Operation
(a) SUBRECIPIENT acknowledges and agrees that it shall comply with and
implement the requirements set forth in Title X and the LBP Regs to eliminate, as far as
practicable, LBP hazards in all residential property that is under its ownership, possession, or
control and/or residential property occupied by persons or families that receive financial or other
assistance from SUBRECIPIENT.
(b) SUBRECIPIENT shall provide a notice to all residents/occupants of
residential property that is under its ownership, possession, or control and/or residential property
occupied by persons or families that receive financial or other assistance from SUBRECIPIENT
in accordance with Section 35.125 of the LBP Regs.
(i) SUBRECIPIENT acknowledges that in connection therewith a visual
assessment is not considered an evaluation for purposes of the LBP Regs.
(c) Notification (24 CFR 35.130). SUBRECIPIENT shall provide the LBP
hazard information pamphlet in accordance with Section 35.130 of the LBP Regs to all
occupants, owners, and purchasers of housing.
(i) The pamphlet shall be the EP A/HUD/Consumer Product
Safety Commission lead hazard information pamphlet or an EP A-approved
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equivalent. The current form and version of the pamphlet is attached as
Attachment No.1 to this Agreement.
(ii) SUBRECIPIENT shall cause to be disclosed to all purchasers
and lessees available information and knowledge regarding the presence of LBP
and LBP hazards prior to selling or leasing a housing unit in accordance with 24
CFR 35, Subpart A. The current form and version of such notice is attached as
Attachment NO.2 to this Agreement.
(iii) SUB RECIPIENT shall ensure that all occupants, owners, and
purchasers of housing be notified in writing of the results of the presumption of
LBP and/or LBP hazards, and results of any lead hazard evaluation, and any lead
hazard reduction work in accordance with 24 CFR 35, Subpart A. The current
form and version of such notice is attached as Attachment No.3 to this
Agreement.
(d) Lead Hazard Evaluation (24 CFR 35.125). SUB RECIPIENT shall conduct
all activities described in Section 35.1015 relating to visual assessment, paint stabilization, risk
assessment, and maintenance with regard to all residential property that is under its ownership,
possession, or control and/or residential property occupied by persons or families that receive
financial or other assistance from SUBRECIPIENT, except for the exemptions described below
in section 4 (d)(i)( 1).
(i) SUB RECIPIENT shall cause a visual assessment to identify
deteriorated paint in all residential property that is under its ownership, possession, or control
and/or residential property occupied by persons or families that receive financial or other
assistance from SUBRECIPIENT.
(1)Section 35.115(a) provides exemptions from Subparts B
through R of the LBP Regs including without limitation, (a) short term emergency assistance
lasting less than 100 days cumulatively is exempted from compliance with Subpart K as to such
short term rental assistance units, and (b) exemption for zero-bedroom units, including SRO
units, for which occupancy by a recipient of SUB RECIPIENT'S services is for less than 100
days, and (c) exemption for residential housing units constructed after January 1, 1978.
(ii) To the extent that the assistance provided by SUBRECIPIENT
to persons or households meets one or more of the exemptions set forth in the LBP Regs, then
compliance with the notification, evaluation, reduction, clearance and other requirements of the
LBP Regs is not required related to the subject housing unit due to such exemption.
(iii) SUBRECIPIENT shall comply with the applicable provisions
of both Subpart K and Subpart M (Tenant Based Rental Assistance) of the LBP Regs as to all
tenant-based long term housing assistance, i.e., assistance to persons/households residing in
housing units cumulatively for more than 100 days. If SUBRECIPIENT has knowledge that an
assisted family or household will occupy a dwelling unit for more than 100 days, the LBP Regs
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require evidence of compliance prior to occupancy. Funding to be provided hereunder is
conditioned upon evidence of compliance.
(I) Subpart M applies to all dwelling units occupied to be
occupied by families or households that have one or more children of less than 6 years of age, as
well as the common areas servicing such dwelling units, and exterior painted surfaces associated
with such dwelling units or common areas. LBP compliance requirements relating to such
dwelling units includes, without limitation: notification, evaluation by visual assessment, paint
stabilization utilizing safe work practices, and clearance.
(2) CITY advises SUBRECIPIENT that in the event the
services provided hereunder include rental assistance payments, such as first and last month's
rent and/or security deposit, and the assisted tenant executes a lease for long term occupancy,
including occupancy in the same dwelling unit for more than 100 days, then the provisions of
Subpart M (Tenant Based Rental Assistance), will apply (unless otherwise informed and directed
by HUD). In this regard, CITY advises SUB RECIPIENT that Subpart M requires HQS
inspection of each dwelling unit prior to occupancy and prior to compliance with applicable
notification, evaluation by visual assessment, reduction through paint stabilization utilizing safe
work practices, and clearance requirements of the LBP REGS.
(e) Lead Hazard Reduction Work. SUB RECIPIENT shall cause LBP hazard
reduction, such as paint stabilization, interim controls, standard treatments, or abatement of all
residential property that is under its ownership, possession, or control and/or residential property
occupied by persons or families that receive financial or other assistance from SUB RECIPIENT,
except as exempted as described in subsection 4(d)(i)(1) above.
(1) Ifpaint stabilization occurs, SUBRECIPIENT shall cause paint
stabilization of each deteriorated surface and clearance of residential units pursuant to Section
35. 1330(a) and (b) shall occur before occupancy of a vacant dwelling unit, or where a unit is
occupied, immediately after receipt of the CDBG FUNDS hereunder.
(2) Safe Work Practices shall be used in all LBP hazard reduction work.
(3) Clearance shall be conducted to confirm that no LBP hazards remain
when LBP hazard reduction work is complete. Confirmation of clearance by written certification
of a qualified inspector is required on an annual basis in connection with submittal of the April
15 quarterly report.
(1) On2oin2 Maintenance. SUBRECIPIENT shall incorporate ongoing LBP
maintenance activities into regular building operations in accordance with Section 35. 1355(a) for
all residential property that is under its ownership, possession, or control and/or residential
property occupied by persons or families that receive financial or other assistance from
SUB RECIPIENT, except as exempted as described in subsection 4(d)(i)(I) above.
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(1) Ongoing maintenance includes confirmation of clearance which shall
be conducted to confirm that no LBP hazards remain when LBP hazard reduction work is
complete.
(2) Ongoing maintenance also includes confirmation of clearance by
written certification of a qualified inspector on an annual basis in connection with submittal of
the April 15 quarterly report.
(3) A part of such ongoing maintenance obligation includes notification of
the results of clearance confirmation and annual confirmation of clearance.
a. SUB RECIPIENT shall cause to be provided a notice to all
occupants of all residential property that is under its ownership, possession, or control and/or
residential property occupied by persons or families that receive financial or other assistance
from SUBRECIPIENT in accordance with Sections 35.125(b)(l) and (c), describing the results
of the clearance examination and the results of annual certification.
(g) Units Cleared Prior to Date of A2reement: Confirmation of Clearance.
In the event the requirements of the LBP REGS relating to lead hazard evaluation, lead hazard
reduction, and lead hazard clearance have been completed on the subject dwelling units prior to
the Date of Agreement, then the SUBRECIPIENT shall provide to the CITY with the April 15
quarterly report a certificate from a qualified inspector evidencing a recent inspection and
confirmation of clearance ofLBP and LBP hazards from the subject dwelling unites).
5. LBP Informational Summary. For purposes of information only and in no
respect intended to be a representation or warranty of the provisions of the LBP REGS, the CITY
has caused to be prepared an information summary relating to the LBP REGS and application to
dwelling units that may be occupied by recipients of services and/or funding from
SUB RECIPIENT under this Agreement. Attachment No.4 to this Agreement, attached and
hereby fully incorporated by this reference, is such information summary. CITY staff will
cooperate with and make themselves available to SUBRECIPIENT to assist in implementation of
compliance with the LBP REGS as to residential dwelling units to be assisted by
SUBRECIPIENT. The parties acknowledge and agree the CITY is and shall not be liable or
responsible for the accuracy of such summary, and the SUBRECIPENT is directed to the LBP
REGS and implementing guidance published and provided by HUD relating to compliance with
such LBP REGS.
B. Amount of Grant and Quarterly Disbursement. The amount granted to
SUBRECIPIENT is $26,000 ("CDBG FUNDS"), and such funds shall be expended by
SUBRECIPIENT on or before June 30, 2007. The CDBG FUNDS shall be disbursed by CITY
to SUBRECIPIENT on a quarterly basis, subject to and upon receipt and approval of a complete
quarterly activity report from SUB RECIPIENT, with the final payment subject to the satisfaction
of the condition precedent of submittal of complete reporting information due on or before July
15th of the applicable funding year, as hereinafter more fully set forth. SUBRECIPIENT shall be
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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. SUB RECIPIENT agrees to use all federal funds provided by CITY to
SUBRECIPIENT pursuant to this Agreement to operate said program, as set forth in "Exhibit B",
attached hereto and by this reference incorporated herein. SUBRECIPIENT'S failure to perform as
required may, in addition to other remedies set forth in this Agreement, result in readjustment of the
amount of funds CITY is otherwise obligated to pay to SUBRECIPIENT under Paragraph II hereof.
D. Allowable Costs. SUBRECIPIENT 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. SUBRECIPIENT shall use all income
received from said funds only for the same purposes for which said funds may be expended
pursuant to the terms and conditions of this Agreement.
E. Licensing. SUBRECIPIENT agrees to obtain and maintain all required licenses,
registrations, accreditation and inspections from all agencies governing its operations.
SUBRECIPIENT shall ensure that its staff shall also obtain and maintain all required licenses,
registrations, accreditation and inspections from all agencies governing SUBRECIPIENT's
operations hereunder. Such licensing requirements include obtaining a City business license, as
applicable.
F. Zoning. SUBRECIPIENT agrees that any facility/property used in furtherance of
said program shall be specifically zoned and permitted for such use(s) and activity(ies). Should
SUBRECIPIENT fail to have the required land entitlement and/or permits, thus violating any local,
state or federal rules and regulations relating thereto, SUBRECIPIENT shall immediately make
good-faith efforts to gain compliance with local, state or federal rules and regulations following
written notification of said violation(s) from the CITY or other authorized citing agency.
SUBRECIPIENT shall notify CITY immediately of any pending violations. Failure to notify CITY
of pending violations, or to remedy such known violation(s) shall result in termination of grant
funding hereunder. SUBRECIPIENT must make all corrections required to bring the
facility/property into compliance with the law within sixty (60) days of notification of the
violation(s); failure to gain compliance within such time shall result in termination of grant funding
hereunder.
G. Separation of Accounts. All funds received by SUB RECIPIENT 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-IIO requirements. SUBRECIPIENT is not required to maintain separate
depository accounts for CDBG FUNDS; provided however, the SUBRECIPIENT must be able to
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account for receipt, obligation and expenditure of CDBG FUNDS pursuant to applicable OMB
Circular A-II 0 requirements.
H. Audit Report Requirements. SUBRECIPIENT agrees that if SUBRECIPIENT
receives Three Hundred Thousand Dollars ($300,000.00) or more in federal funds,
SUBRECIPIENT shall have an annual audit conducted by a certified public accountant in
accordance with the standards as set forth and published by the United States Office of Management
and Budget. SUBRECIPIENT shall provide CITY with a copy of said audit by October 1 of the
year following the program year in which this Agreement is executed. Further, SUB RECIPIENT
shall comply and/or cause compliance with audit report(s) required by applicable provisions of Title
X and the LBP Regs.
I. Record Keeping/Reporting. SUB RECIPIENT 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, Title X, and the LBP 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 SUB RECIPIENT program.
b. Documentation of the number of persons and/or families participating
in or benefiting by the SUB RECIPIENT 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.
g. Documentation evidencing compliance with all applicable provisions
of Title X and the LBP Regs, in particular Subpart K and, as applicable Subpart J
and/or Subpart M.
(i) Specific documentation, as required, evidencing
compliance with all applicable provisions of such LBP Regs
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including: (i) notification, including distribution of the lead
hazard information pamphlet (Attachment No.1), disclosure
and notices of hazard evaluation and reduction (Attachments
No.2 and 3); (ii) evaluation of lead hazard(s), including paint
testing and risk assessment; (iii) reduction oflead hazard(s),
including safe work practices and clearance, and
confirmation of clearance; and (iv) ongoing maintenance, as
and if applicable for multifamily properties.
(ii) In this regard SUBRECIPIENT shall track information on
all persons/households assisted and the housing units assisted
with the CDBG FUNDS. Attachment NO.5 hereto is a sample
form for tracking persons/households and housing units
assisted with the CDBG FUNDS. All categories of
information set forth in such tracking form shall be prepared
and submitted to the CITY with the April 15 quarterly report.
(iii) In the event that such information and reports are not
complete and reasonably satisfactory information submitted in
order for CITY staff to review and evaluate compliance with
applicable CDBG REGS and LBP Regs, then the final quarterly
disbursement payment shall be withheld from the
SUBRECIPIENT.
(iv) Documentation of clearance confirmation as provided in
Section 1.( 1 )(g) hereinabove.
(2) Reports
(i) Payment Request. Concurrently with the submittal of each
quarterly report, on or before the 15th day of October, January,
April and July, SUBRECIPIENT shall submit both: an original
invoice and true copies of invoices, receipts, agreements or
other documentation supporting and evidencing how the CDBG
FUNDS have been expended during the applicable quarter.
(ii) Quarterly Activity Report: Including in such reports
evidence of compliance with all applicable provisions of Title X
and the LBP Regs, in particular Subpart K and, as applicable
Subpart J, as further described in subsection (d) hereinafter, and
Subpart M, if SUBRECIPIENT provides long term tenant-based
rental assistance. SUBRECIPIENT agrees to provide CITY with
written cumulative (year-to-date) reports of its activities on or
before the 15th day of October, January, April and July for the
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period beginning July 1, 2003 and through and including the
previous three-month reporting period setting forth the activities,
program accomplishments, new program information and year-to-
date program statistics on expenditures, caseload and activities.
When appropriate, pictures should be included.
(iii) Any such other reports as CITY (or HUD) shall
reasonably require and/or request, including but not limited to
the following information: the receipt of program income [as
defined at 24 CFR 570.500(a)] by SUBRECIPIENT in the
operation of said program shall be recorded by SUBRECIPIENT
and reported to CITY; monthly records of all ethnic and racial
statistics of persons and families benefited by SUBRECIPIENT in
the performance of its obligations under this Agreement,
including, but not limited to, the number of low and moderate
income persons and households assisted in accordance with
federal income limits and the number of female heads of
households.
(3) Recordkeeping of Ongoing Maintenance under the LBP Regs. If the services and
program activities provided by SUB RECIPIENT hereunder establish an ongoing relationship
with a property (such as long term tenant based rental assistance program [Subpart M] or
transitional or permanent housing operated or administered by the SUBRECIPIENT), then the
SUBRECIPIENT shall provide a report to the CITY evidencing that SUBRECIPIENT and/or the
property owner(s), as applicable, has performed ongoing maintenance of the subject property.
Ongoing maintenance shall include evidence of an annual clearance certification of the subject
residential property conducted by a DHS certified technician to ensure that LBP hazard reduction
measures are maintained. All maintenance activities shall be conducted to ensure the threat of
LBP hazards is minimized.
(4) Recordkeeping under the LBP Regs. The SUBRECIPIENT shall keep records of
distribution of notifications, all visual assessment, evaluations, inspections, repairs, and any other
lead hazard evaluation, reduction, safe work practices, and clearance activities.
(a) The SUBRECIPIENT shall keep records evidencing distribution of all lead
hazard information pamphlet(s).
(b) The SUBRECIPIENT shall keep records evidencing each LBP evaluation
report, LBP hazard reduction documentations, (such as job specifications), and all clearance or
abatement report(s).
(c) The SUBRECIPIENT shall keep ongoing maintenance records and records of
relevant building operations for use during reevaluations of subject property for LBP and/or LBP
hazards.
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1. Such records shall be maintained for not less than longer of
(A) three (3) years after the activities cease or (B) the period
required by applicable program regulations. Under the CDBG
REGS records shall be retained for not less than four (4) years after
the activities cease.
2. The SUBRECIPIENT shall provide a copy of any of the
above records to the CITY or to HUD upon request of either or
both.
(d) Tracking Report. If the SUB RECIPIENT has provided, or is providing, rental
assistance payments directed to a housing unit or housing units for more than 100 days, or it is
anticipated that during the last quarter of funding that such rental assistance payment will be for
more than 100 days, then the April 15 quarterly report shall contain information and evidence of
compliance with the requirements herein relating to tracking of housing units, cumulative days of
rental assistance, proper notifications to occupants and owners, HQS inspection, visual
assessment, work write-up, stabilization and clearance ofLBP and LBP hazards, if any. The
proposed form of such tracking information is attached hereto as Attachment No.5 and fully
incorporated by this reference. In the event such April 15 quarterly report does not fully satisfy
the reporting requirements set forth herein and in the LBP Regs, then the final installment
payment of the CDBG FUNDS shall be withheld from disbursement to SUB RECIPIENT.
1. Access to Records. CITY and the United State Government and/or their representatives
shall have access for purposes of monitoring, auditing, and examining SUB RECIPIENT's activities
and performance, to books, documents and papers, and the right to examine records of
SUBRECIPIENT's subcontractors, bookkeepers and accountants, employees and participants in
regard to said program. CITY and the United States Government and/or their representatives shall
also schedule on-site monitoring at their discretion. Monitoring activities may also include, but are
not limited to, questioning employees and participants in said program and entering any premises or
any site in which any of the services or activities funded hereunder are conducted or in which any of
the records of SUBRECIPIENT are kept. Nothing herein shall be construed to require access to any
privileged or confidential information as set forth in federal or state law.
K. Location of Records/Required Length of Record Keeping. All accounting records,
reports, and evidence pertaining to all costs, expenses and the CDBG FUNDS of
SUBRECIPIENT and all documents related to this Agreement shall be maintained and kept
available at SUBRECIPIENT'S office or place of business for the duration of the Agreement and
thereafter for five (5) years after completion of an audit in conformity with the CDBG REGS,
except as hereinafter provided relating to retention of any records or documentation existing,
created, or maintained in compliance with Title X or the LBP Regs. 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. All records relating to,
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or created or maintained in compliance with, Title X and/or the LBP Regs shall be retained and
maintained by SUBRECIPIENT indefinitely, including without limitation, all inspection
report(s), disclosure statement(s), and clearance report(s). In the event SUBRECIPIENT does not
make the above-referenced documents available within the city of Santa Ana, California,
SUBRECIPIENT agrees to pay all necessary and reasonable expenses incurred by CITY in
conducting any audit at the location where said records and books of account are maintained.
L. Compliance with Law/Program Income. SUBRECIPIENT acknowledges that the funds
being provided by CITY for said program are received by CITY pursuant to the ACT as amended
and that expenditures of these funds shall be in accordance with the ACT and all pertinent
regulations issued by agencies of the federal government, including, but not limited to, all
regulations found at Title 24 of the Code of Federal Regulations. Program income received by
SUBRECIPIENT shall be returned to CITY unless otherwise provided for in this Agreement.
SUB RECIPIENT agrees to comply fully with all federal, state and local laws and court orders
applicable to its operation whether or not referred to in this Agreement.
M. Standing. SUBRECIPIENT shall be in good standing, without suspension by the
California Secretary of State, Franchise Tax Board and Internal Revenue Service. Any change in
the corporate status or suspension of SUB RECIPIENT shall be reported immediately to CITY.
N. Confidentiality. Without prejudice to any other provisions of this Agreement,
SUB RECIPIENT shall, where applicable, maintain the confidential nature of information provided
to it concerning participants in accordance with the requirements of federal and state law. However,
SUBRECIPIENT shall submit to CITY and or HUD or its representatives, all records requested,
including audit, examinations, monitoring and verifications of reports submitted by
SUBRECIPIENT, costs incurred and services rendered hereunder.
O. Independent Contractor. SUBRECIPIENT agrees that the performance of
obligations hereunder are rendered in its capacity as an independent contractor and that it is in no
way an agency of CITY.
P. Violation of Terms and Conditions. SUBRECIPIENT agrees that if
SUBRECIPIENT violates any of the terms and conditions of this Agreement or any prior
Agreement whereby CDBG funds were received by SUBRECIPIENT, or if SUBRECIPIENT
reports inaccurately, or if on audit there is a disallowance of certain expenditures, SUBRECIPIENT
agrees to remedy the acts or omissions causing the disallowance and repay CITY all amounts spent
in violation thereof. If SUBRECIPIENT engaged in fraudulent activity to obtain and/or justify
expenditure of the CDBG funds granted hereunder, SUBRECIPIENT shall be required to reimburse
the CITY of all such funds that were obtained/spent under fraudulent circumstances.
Q. Equipment. SUBRECIPIENT agrees to maintain a record for each item of non-
expendable personal property acquired under the terms of this Agreement. Said record shall be
made available to CITY upon request. The term "non-expendable personal property" shall include
leased and purchased equipment.
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R. Prohibited Use. SUBRECIPIENT hereby certifies and agrees that it will not use
funds provided through this Agreement to pay for entertainment, meals or gifts.
S. Lobbying. SUBRECIPIENT certifies that it will comply with federal law (31
U.S.C. 1352) and regulations found at 24 CFR Part 87, which provide that no appropriated funds
may be expended by the recipient of a federal contract, grant, loan or cooperative agreement to pay
any person for influencing or attempting to influence an officer or employee of any agency,
Member of Congress, or an officer or employee of a Member of Congress in connection with
awarding of any federal contract, the making of any federal grant or loan, entering into any
cooperative agreement and the extension, renewal, amendment or modification of any federal
contract, grant, loan or cooperative agreement. SUBRECIPIENT shall sign a certification to that
effect in a form as set forth in "Exhibit C," attached hereto and by this referenc~ incorporated herein.
SUB RECIPIENT shall submit said signed certification to CITY prior to performing any of its
obligations under this Agreement and prior to any obligation arising on the part of CITY to pay any
sums to SUBRECIPIENT under the terms and conditions of this Agreement.
If any funds other than Federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the
undersigned shall complete and submit a "Disclosure Form to Report Lobbying," in accordance
with its instructions (see C-l).
T. Financial Interest. SUBRECIPIENT agrees that except for the use ofCDBG 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
SUB RECIPIENT, 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 SUB RECIPIENT.
U. Davis-Bacon Act. All laborers and mechanics employed by contractors or
subcontractors in the performance of construction work, including alterations and repairs, in excess
of $2,000.00, financed in whole or in part with federal funds shall be paid wages at rates not less
than those prevailing on similar construction in the locality as determined in accordance with the
Davis-Bacon Act, as amended, 40 U.S.c. sections 276a - 276a-5. Any such construction contract
shall include and comply with the required contract provisions and rules set forth in 29 C.F.R. S5.5.
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. s5.5(a)(3). No
payment, advance, grant, loan or guarantee of funds shall be approved by the federal agency unless
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there is on file with the agency a certification by the contractor that the contractor and its
subcontractors have complied with the provisions of 29 C.F.R. 95.5. . A breach of the contract
clauses in 29 C.F.R. 95.5 may be grounds for termination of the contract, and for debarment as a
contractor/subcontractor, as provided in 29 C.F.R. 95.12. Labor standards interviews/investigations
shall be made as necessary to assure compliance [29 C.F.R. 95.6(a)(3)].
V. Drug Free Workplace. SUB RECIPIENT certifies that it has established the
following drug-free workplace policy:
1. The unlawful manufacture, distribution, dispensing, possession or use of a controlled
substance is prohibited in the workplace for any employee involved in a federally funded program.
2. As an employee working in conjunction with a federally funded program, the
employees of SUBRECIPIENT will be required to:
a) Abide by the terms above in statement 1.
b) Notify appropriate officials of SUBRECIPIENT and CITY officials of any
criminal drug statute conviction for a violation occurring in the workplace not later than five
days after such conviction.
3. The United State Department of Housing and Urban Development will be notified
within ten days after receiving notice of any such violation.
4. Within 30 days of receiving such notice, appropriate personnel action will be
taken against such employee, up to and including termination.
Each such employee shall be required to participate satisfactorily in a drug abuse assistance or
rehabilitation program approved for such purposes by a federal, state or local health, law
enforcement, or other appropriate agency.
II. CITY'S OBLIGATIONS
A. Payment of Funds. Upon execution of this Agreement by SUBRECIPIENT, CITY shall
pay to SUBRECIPIENT from CDBG funds, when, if and to the extent received from HUD, for
CITY's 2006-07 CDBG program year amounts expended by SUB RECIPIENT in carrying out said
program for 2006-07 pursuant to this Agreement up to a maximum aggregate payment of Twenty-
Six Thousand Dollars ($26,000 ) in installments determined by CITY. Payments shall be made to
SUBRECIPIENT through the submission of invoices on a quarterly basis (October, January, April
and July) in a form prescribed by CITY, detailing such expenses. CITY shall pay such invoices
within thirty (30) days after receipt thereof provided CITY is satisfied that such expenses have been
incurred and documented within the scope and provisions of this Agreement and that
SUBRECIPIENT is in compliance with the terms and conditions of this Agreement, and in
compliance with Title X and the LBP Regs.
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B. Audit of Account. CITY shall include an audit of the account maintained by
SUB RECIPIENT in CITY's annual audit of all CDBG FUNDS in accordance with Title 24 of
the Code of Federal Regulations and other applicable federal laws and regulations.
C. Common Rule: Pursuant to CFR 85.40(a), the CITY manages the day-to-day
operations of each grant and subgrant supported activities. CITY staff has detailed knowledge of
the grant program requirements and monitors grants 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 SFR 58, the CITY is responsible
for undertaking environmental review and maintaining environmental review records for each
applicable project.
E. Performance Monitoring: CITY shall monitor the performance of the
SUBRECIPIENT against goals and performance standards required herein. Substandard
performance as determined by the CITY will constitute non-compliance with this Agreement. If
action to correct such substandard performance is not taken by the SUB RECIPIENT within a
reasonable period of time after being notified by the CITY, contract suspension or termination
procedures will be initiated.
III. NONDISCRIMINATION
SUBRECIPIENT agrees that no person on the ground of race, age, color, national origin,
religion or sex will be excluded from participation in, be denied the benefits of, or be subjected to
discrimination under any program or activity funded in whole or in part with CDBG funds.
IV. CONFLICT OF INTEREST
Pursuant to the conflict of interest requirements set forth in 24 CFR 576.5 and OMB
Circulars 1-102 and A-I 107, SUB RECIPIENT agrees that no officer, employee, agent or assignee
of CITY having direct or indirect control of any CDBG monies granted to the CITY, inclusive of
the subject CDBG FUNDS, shall serve as an officer of SUBRECIPIENT. Further, any conflict or
potential conflict of interest of any officer of SUBRECIPIENT shall be fully disclosed in writing
prior to the execution of this Agreement and said writing shall be attached and deemed fully
incorporated as a part hereof. Notice shall be sent by SUB RECIPIENT to CITY regarding any
changes or modifications to its board of directors and list of officers.
V. SPECIAL CERTIFICATION FOR RELIGIOUS ENTITIES
If SUBRECIPIENT is a religious entity, SUBRECIPIENT hereby agrees that in connection
with the provision of the services SUBRECIPIENT shall provide with CDBG funds in accordance
with 24 CFR 570.200(j):
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A . SUBRECIPIENT shall not discriminate against any employee or applicant for
employment on the basis of religion and shall not limit employment or give preference in
employment to persons on the basis of religion.
B. SUB RECIPIENT shall not discriminate against any person applying for the services
SUB RECIPIENT agrees to provide under the terms of this Agreement on the basis of religion and
shall not limit such services or give preference to applicants for such services on the basis of
religion.
C. SUBRECIPIENT shall NOT provide religious instruction or counseling, conduct
any religious worship or services, or engage in any religious proselytizing, or exert any religious
influence in the provision of the services in said program. The parties agree that this covenant is
intended to and shall be construed for the limited purpose of assuring compliance with respect to the
use of CITY funds by SUBRECIPIENT with applicable constitutional limitations respecting the
establishment of religion as set forth in the establishment clause under the First Amendment of the
United States Constitution and Article I, Section 4 of the California Constitution, and is not in any
manner intended to restrict other activities of SUB RECIPIENT.
D. Where the services to be provided under said program are rendered on property
owned by the primarily religious entity SUBRECIPIENT, CDBG funds may also be used for minor
repairs to such property which are directly related to the cost of rendering the services under said
program, where the cost constitutes in dollar terms only an incidental portion of the CDBG
expenditure for rendering the services under said program.
VI. PROHIBITION OF NEPOTISM
SUB RECIPIENT agrees not to hire or permit the hiring of any person to fill a position
funded through this Agreement if a member of that person's immediate family is employed in an
administrative capacity by SUBRECIPIENT. For the purposes of this section, the term "immediate
family" means spouse, child, mother, father, brother, sister, brother-in-law, sister-in-law, father-in-
law, mother-in-law, son-in-law, daughter-in-law, aunt, uncle, niece, nephew, stepparent and
stepchild. The term "administrative capacity" means having selection, hiring, supervisor or
management responsibilities.
VII. NOTICES
Notices to the parties shall, unless otherwise requested in writing, be sent by U.S. Mail,
postage prepaid, and addressed as follows:
TO CITY:
City of Santa Ana
Community Development Agency (M-25)
20 Civic Center Plaza
P.O. Box 1988
Santa Ana, California 92702-1988
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TO SUB RECIPIENT:
Steve Carpenter
Executive Director
Rebuilding Together Orange County
P.O. Box 329
Tustin, Ca 92781
VIII. ASSIGNABILITY
None of the duties of, or work to be performed by, SUB RECIPIENT under this Agreement
shall be subcontracted or assigned to any agency, consultant, or person without the prior written
consent of CITY. SUBRECIPIENT must submit all subcontracts and other agreements that relate
to this Agreement to CITY. No subcontract or assignment shall terminate or alter the legal
obligations of SUB RECIPIENT pursuant to this Agreement.
IX. HOLD HARMLESS
SUB RECIPIENT shall indemnify and save harmless CITY, its officers, employees, agents,
representatives and volunteers from and against any and all damages to or for loss of use of property
and for injuries to or death of any person or persons, including property and employees or agents of
CITY, and shall defend, indemnify and save harmless CITY, its officers, employees, agents,
representatives and volunteers from and against any and all claims, demands, suits, actions or
proceedings of any kind or nature, including, but not by way of limitation, workers compensation
claims and including attorney fees and reasonable expenses for litigation or settlement, resulting
from or arising out of the negligent or wrongful acts, errors or omissions of SUBRECIPIENT, its
officers, directors, employees, agents, subcontractors and suppliers arising out of
SUBRECIPIENT's performance of this Agreement.
X. INSURANCE
A. In accordance with the provisions of Section 3300 of the Labor Code, if
SUBRECIPIENT has any employees it is required to be insured against liability for worker's
compensation or to undertake self-insurance. Prior to commencing performance of this
Agreement, SUBRECIPIENT agrees to obtain and maintain employer's liability insurance with
limits not less than $1,000,000 per accident. If SUB RECIPIENT has no employees, nor workers'
compensation coverage, it must execute a Declaration available from the CITY, and update as is
necessary .
B. SUBRECIPIENT shall undertake self-insurance, or shall obtain, at its sole cost, a
policy or policies of commercial general liability insurance, or equivalent form, with a combined
single limit of not less than $1,000,000 per occurrence.
Such insurance shall: (1) name the City of Santa Ana, its officers, agents,
representatives, employees and volunteers as additional insureds; (2) be primary with respect to
18
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insurance or self-insurance programs maintained by the CITY; (3) contain standard separation of
insureds provisions; and (4) give to CITY prompt and timely notice of claim made or suit
instituted arising out of SUB RECIPIENT's operations hereunder.
SUBRECIPIENT shall: (a) prior to exercising any right under this Agreement,
furnish properly executed certificates of insurance and additional insured endorsement to the
CITY which shall clearly evidence all coverages required above; (b) provide that such insurance
shall not be materially changed or terminated except on 30 days prior written notice to the CITY;
(c) maintain such insurance for the period covered by this Agreement; and (d) replace such
certificates for policies expiring prior to the expiration of this Agreement.
XI. REVERSION OF ASSETS
A. Upon the expiration of this Agreement, SUBRECIPIENT shall transfer to CITY any
CDBG funds on hand at the time of the expiration of this Agreement as well as any accounts
receivable attributable to the use ofCDBG funds. [24 CFR 570.503(b)(8).]
B. Any real property under SUBRECIPIENT's control that was acquired or improved
in whole or in part with CDBG funds in excess of $25,000.00 must either be:
1. Used, where CITY has given written approval, to meet one of the national
objectives stated in 24 CFR 570.208 until five (5) years after expiration of this Agreement, or for
such longer period of time as determined to be appropriate by CITY; or
2. If not used in accordance with subparagraph A above, SUBRECIPIENT
shall pay to CITY an amount equal to the current fair market value of the property less any portion
of the value attributable to the expenditure of non-CDBG funds for acquisition of, or improvement
to, the property. Such payment is program income to CITY.
C. Subject to the obligations set forth herein, title to equipment acquired under the
terms of this Agreement will vest upon acquisition in SUBRECIPIENT. When said equipment
which has been acquired in accordance with this Agreement and all applicable regulations is no
longer needed for said program, disposition of said equipment will be made as follows:
1. Items of equipment with a current per unit fair market value of less than
$5,000.00 may be retained, sold or otherwise disposed of with no further obligation to CITY.
2. Items of equipment with a current fair market per unit value of $5,000.00 or
more may be retained or sold and CITY shall have the right to an amount calculated by multiplying
the current market value or proceeds from the sale by CITY's share of federal funds used to acquire
the equipment, in accordance with 24 CFR 85.32(e)(2).
D. SUBRECIPIENT hereby agrees, upon the demand of CITY, to execute,
acknowledge and deliver, or cause any person or entity who may have any claim to rights hereunder
19
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or under any document, instrument or agreement executed in furtherance of the services and
activities to be performed hereunder, to execute, acknowledge and deliver, to CITY assignment(s),
quit claim deed(s) or such other and further instruments, documents and agreements as may be
necessary, in the sole and absolute discretion of CITY, to vest in CITY all of SUBRECIPIENT's
right, title and interest (if any it may have) in and to CITY, CDBG or other federal, state and/or
local accounts or program funds or allocation of funds to which CITY is or may be entitled, either
for its own account or as fiduciary or trustee for others, which were obtained for the purpose of the
performance of this Agreement or any previous agreements relating to the same subject matter or
activities as this Agreement, together with any instruments, loans, grants or advances by
SUBRECIPIENT on behalf of CITY, in furtherance of the activities hereunder or thereof.
SUB RECIPIENT's obligations and responsibilities set forth in this paragraph "XI.
REVERSION OF ASSETS," and in paragraph "XII. TERMINA nON" 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 HUn
deems necessary for the responsibilities, duties and obligations to be performed and completed to
the satisfaction of CITY and HUD.
XII. TERMINATION
A. This Agreement may be terminated on thirty (30) days' written notice by either
party. In the event of such termination, SUBRECIPIENT shall only be entitled to reimbursement
for approved expenses incurred to the effective date 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.
20
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E. The grant of funds under this Agreement may be terminated due to the non-
performance of SUBRECIPIENT and/or failure of SUBRECIPENT to perform the work described
in Exhibits A and B or failure to meet the performance standards and program goals set forth
therein.
F. In the event this Agreement is terminated as set forth in subparagraphs XII.A.
through XII.E., inclusive, SUBRECIPIENT agrees to immediately return to CITY upon CITY's
demand and prior to any adjudication of SUB RECIPIENT's rights, any and all funds not used, and
to comply with paragraph "XI. REVERSION OF ASSETS" of this Agreement.
XIII. LIMITATION OF FUNDS
The United States of America, through HUD, may in the future place programmatic or fiscal
limitations on the use of CDBG funds which limitations are not presently anticipated. Accordingly,
CITY reserves the right to revise this Agreement in order to take account of actions affecting HUD
program funding. In the event of funding reduction, CITY may, in its sole and absolute discretion,
reduce the budget of this Agreement as a whole or as to costs category, may limit the rate of
SUB RECIPIENT's authority to commit and spend funds, or may restrict SUB RECIPIENT'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, SUB RECIPIENT shall be permitted to de-scope
accordingly. Where CITY has reasonable grounds to question SUBRECIPIENT's fiscal
accountability, financial soundness, or compliance with this Agreement, CITY may suspend the
operation of this Agreement for up to sixty (60) days upon five (5) days written notice to
SUBRECIPIENT of its intention to so act, pending an audit or other resolution of such questions.
In no event, however, shall any revisions made by CITY affect expenditures and legally binding
commitments made by SUBRECIPIENT before it received notice of such revision, provided that
such amounts have been committed in good faith and are otherwise allowable and that such
commitments are consistent with HUD cash withdrawal guidelines.
XIV. EXCLUSIVITY AND AMENDMENT OF AGREEMENT
This Agreement supersedes any and all other agreements, either oral or in writing, between
the parties hereto with respect to the use of CITY's CDBG funds by SUB RECIPIENT 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.
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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 ofthis Agreement.
XVII. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature hereinbelow has the power,
authority and right to bind their respective parties to each of the terms of this Agreement, and shall
indemnify CITY fully, including reasonable costs and attorney's fees, for any injuries or damages to
CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn.
b. All Exhibits and Attachments referenced herein and attached hereto shall be incorporated
as if fully set forth in the body of this Agreement.
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.
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5/05
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the last date and
year written below.
ATTEST:
~Cr~
\ '---- ".-
PATRICIAE. HEALY
~ Clerk of the Council
CITY~TAANA
L at?~
DAVID N. REAM
City Manager
APPROVED AS TO FORM:
JOSEPH W. FLETCHER
City Attorney
~~ L ~/L-
By: LISA E. STORCK
Assistant City Attorney
SUBRECIPIENT:
DATE:
N~arpenter
Title: Executive Director
Tax ID:
23
City of Santa Ana
Community Development Block Grant
Scope of Work
Name of Organization- Rebuilding Together Orange County
Name of Funded Program- Safe at Home 2006-2007
Annual Accomplishment Goal
I. Total number of un duplicated clients (Santa Ana and Non-Santa Ana Residents) anticipated to be served by
the funded program, named above, during the 12-month contract period.
200 PERSONS
II. Number of only unduplicated Santa Ana residents to be served by the funded program, named above,
during the 12-month contract period.
26PERSONS
Program and Funding Description
III. Description of Work - In the space below, describe the program to be funded during the 12-month
contract period.
"Safe at Home 2006-2007" Program: Rehabilitate up to 26 single family, owner-occupied "High Priority Needs Level" homes of
low-income families, the elderly and disabled in Santa Ana. Rebuilding Together's "neighbor helping Neighbor" approach
demonstrates how public funds, along with donated building materials, skilled and volunteer labor results in a combined leverage of
as much as 4: I in value to address affordable housing needs.
Objectives: I) Identify low-income and disabled homeowners needing assistange. 2) Provide services to qualified homeowners. 3)
Continue program development to maintain year 'round activity.
Goals: Improve safety and comfort of low-income homeowners to meet or exceed HUD housing quality standards.
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.
Administrative and Program Staff Salaries and Benefits: Project Management Management structure includes the Executive Director
(ED) who is responsible for overall Countywide project(s) oversight and development including fundraising, logistics, material and
skilled labor resources and volunteer recruitment and training. Office Manager handles all aspects of recipient applications and
manages financial transactions and quarterly reporting. Volunteer and Project Coordinators take responsibility for household
specific goals.
Program SupplieslMaterials and Contract-Professional Services comprise the majority of costs associated with $26,000 direct CDBG
funding at $19,550.
Volunteer Support of $1,250 is included in requested budget.
Exhibit A
Page 1 of2
Schedule of Performance
Estimate the number of only unduplicated Santa Ana residents to be served by the funded program during the
12-month contract period per quarter. (How many new Santa Ana clients will be served each quarter.)
Quarter I: Julyl - September 30
Quarter 2: October! - December 31
Quarter 3: January 1 - March 31
Quarter 4: April 1 - June 30
5 Persons
6 Persons
7 Persons
8 Persons
_Total number of un duplicated Santa Ana residents to be
served. (Must equal the number for II above.)
Schedule of Invoicing
Estimate the amount of grant funds to be requested during the 12-month contract period on a quarterly basis.
Quarter 1: Julyl - September 30
Quarter 2: October! - December 31
Quarter 3: January I-March 31
Quarter 4: April I - June 30
$5,000
$6,000
$7,000
$8,000
$026,000Total 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 fulfilled HUD Outcome to be fulfilled illustrated by
HUD Indicator
Suitable Creating Specific Outcome
Activity/Program Outcome Tracking Goal Living Decent Economic A vailability/ Affordability Sustainabilil) Indicator #
Environment Housing jopportunities Accessibility (Please see page 4
of 4 for desc.)
nli-Crime Services Track the reduction in Reduce response time to
response time and the !serious crimes in the City's
Inumber of criminal Low- and Moderate-Income
D apprehended as a result. area by at least 3 minutes
!resulting in the apprehension 2
of 1,500 criminals that may X X
otherwise escape.
***5-year goal to be
achieved by FY 09/10
air Housing Services Provide fair housing service 1. Provide fair housing
od ongoing analysis of ounseIing, education and
impediments 10 fair housing. nforcement services to
D 7,000 Santa Ana households, X X 2
>I< >1<. 5-year goal to be
achieved by FY 09/10
2. Annually assess actions to
eliminate impediments to fai X X 2
Dusing.
[Homelessness Prevention Track assisted individuals 50% of assisted individuals
who retained their housing or and households will retain
utilities for at least 6 months heir housing or utilities for 14
D after assistance was at least 6 months after X X
rovided. assistance is provided.
lEmergency Shelter rack individuals who 50% of
received support services individuals/households that 12 or
that were linked to one or He provided with emergency
D more additional support .heIter will transition to X X
service and/or appropriate interim housing (i.e., 13
housing. ransitional housing).
ransitional Housing Track homeless individuals 5% of homeless individuals
who participated in articipating in transitional 2
transitional housing program ousing program will be X X
D hat were placed in laced in pennanent housing.
pennanent housing.
upportive Services rack individuals who 50% of individuals/families
received support services receiving support services
hat were linked to one or ill be linked to one or more 2
0 more additional support additional support service X X
service and/or appropriate and/or appropriate housing.
housing.
Exhibit A-I
Page 1 of 4
Fulfillment
illustrated by
Trackin2 HUn Obiective to be fulfilled HUD Outcomes to be fulfilled HUn Indicator
Suitable Creating Specific Outcome
Activity/Program Outcome Tracking Goal Living Decent Economic Availability/ Affordability Sustainabilil) Indicator #
Housing Accessibility (Please see page 4
Environment Opportunitie~ of 4 for desc.)
enior Services ]. Track assisted senior I. 80% of assisted senior
citizens that remained citizens will remain
D independent for at least I independent for at least I X X 2
ear after services were ear after services are
wrovided. IProvided
2. Track seniors receiving 2. 90% of seniors receiving
referrals that were linked to referrals will be linked to the
D he services sought. ervices sought. X X 2
::>wner -Occupied tNumber of owners assisted hysical safety and comfort
H~usjng Rehabilitation o rehabilitate their primary lwill be improved for Low
[residence for the following land Moderate income
income categories: Ihouseholds by improving
[8J -Extremely Low Income [homes to a level that meets X X 9
-Very Low Income or exceeds HUD housing
-Moderate Income quality standards.
Special Needs Categories
-Large Families
rail Elderly Services Track frail elderly 90% of frail elderly
individuals that were linked individuals will be linked to 2
D o the services sought. the services sought. X X
isabled Services rack disables persons Support independent living
Iwhose independent living for 90% of disabled persons 2
D Iwas supported by City funds. assisted by City funds. X X
ervices for Mentally III Track individuals assisted 100% of individuals assisted
Iwith City resources that were Iwith City resources will be
D !provided an entry point into IProvided an entry point into 2
the regional mental health he regional mental health X X
care system and linked to at care system and linked to at
least one additional mental least one additional mental
health supportive service. health supportive service.
ervices for Substance Track how many individuals Provide entry into the
ddicted Iwith substance addiction in regional recovery system for
[were provided an entry into 25 individuals with
he regional recovery system substance addiction and link
D and linked to additional hem to additional services. 2
services. X X
***5-year goal to be
achieved by FY 09/10
outh Services 1. Track improvement in I. For education.based
re.test, post-test scores. rograms, improve pre-test 2
D post-test scores by 50% X X
Track number of . Provide opportunities for
D individuals exposed to the xposure to the fine arts. X X 2
fine arts.
D 3. Track children/youth 3. 90% of children/youth
seeking referrals that were seeking referrals will be X X 2
linked to the services sought. linked to the services sought.
ow- and Moderate- rack program participants 90% of program participants
ncome Services hat were linked to services will be linked to services 2
ought. sought. X X
D
Exhibit A-I
Page 2 of4
Description of Outcome Tracking System:
Please describe your organization's outcome tracking system that will enable you to fulfill the outcome selected above.
Determining Outcomes:
Initial performance measurements are associated with statistical outreach outcomes prior to selection of service units. A standard
"Homeowner Application" is utilized to secure and qualifY potential service recipients. Using an ongoing Site Master "wait list",
throughout the year site assessments, work scopes and work plans are easily coordinated. Work outcomes for selected rehab units are
tracked on a "Scope of Work & Task List" and a "Work Completion" form is presented to and signed by the homeowner. A file may
be considered complete, however homeowners can continue to contact us for needs arising from changing, additional circumstances
both physical and social.
Evaluating Project Outcome:
Our work focuses on the practical aspects of rehabilitation v. so-called beautification activities. Much of our work occurs on interiors
and as such is not apparent from the street. Additional, as we significantly leverage volunteers, unit evaluations are provided in many
cases by House Captains who complete a "Project Evaluation" within 60 days of the work date. The standards for home rehabilitation
service delivery are consistent with architectural, building safety and professional trade defined for the local community. A
standardized service unit quality follow-up procedure is in development as is an "Annual Inspection of Housing Units" protocol.
Future demonstration of the long-term outcomes of affordable housing rehabilitation and preservation is a worthwhile activity that may
be included in FY 2006-2007 CDBG reporting.
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 Rebuilding Together Orange County
Program Name Safe at Home 2006-2007
Expenditures
Expenses Funded by Expenses Funded Total Program Total Organizational
Cate 0 Santa Ana CDBG b Other Sources Bud et Bud et
Administrative Staff
Salaries & Benefits $ 2,600 $ 2,600 $ 5,200 $ 141,925
Program Staff Salaries &
Benefits $ $ $
Contractual/Professional
Services: List below
1 Professional Services $ 10,192 $ 10,192 $ 20,384 $ 65,169
2 $
3 $
Office Su lies $
Rent $ 6,600
Communications $ 12,983
Utilities $ 3,107
Insurance $ 5,336
Other:List below
1 Building Supplies $ 9,358 $ 9,358 $ 18,716 $ 269,667
2 Volunteer Support $ 1,250 $ 1,250 $ 2,500 $ 23,445
3 Audit $ $ 4,268
4 $
5 $
Total $ 26,000 $ 26,000 $ 52,000 $ 532,500
LIST ALL OTHER PROGRAM FUNDS THAT HAVE BEEN SECURED FOR 06-07
(Total Funds for Program must equal Total Program Budget above)
Source Amount
Santa Ana CDBG $ 26,000
Cash Donations $ 9,654
Non-Cash Donations $ 4,457
Restricted Donations/Grants $ 9,172
Fundraisina $ 2,717
(S.A. Occupancv AQreement)
Total Funds for Program $ 52,000
Exhibit B
Page 1 of 1
2006-2007 Funded Personnel
Name of Organization:
Name of Program
Rebuilding Together Orange County
Safe at Home 2006-2007
ADMINISTRA TIVE 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
program Santa Ana
Executive Director $ 58,000 $ 9300 $ 67 300 $ 100 5% 5% 0%
Office Manal!er $ 23,400 $ - $ 23,400 $ 2,500 10% 10% 1%
$ - 0%
$ - 0%
$ - 0%
$ - 0%
$ - 0%
$ - 0%
$ - 0%
Total Amount Requested $ 2,600
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
program Santa Ana
Volunteer Coordinator $ 18,720 $ 18,720 $ 1,300 10% 10% 1%
Proiect Coordinator $ 17,160 $ 17,160 $ 1,300 10% 10% 1%
$ - 0%
$ - 0%
$ - 0%
$ - 0%
$ - 0%
$ - 0%
$ - 0%
Total Amount Requested $ 2,600
Must equal amount indicated on Exhbit B
CONTRACTUAL/PROFESSIONAL SERVICES
Position Title Annual Annua] 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
program Santa Ana
Professional Services $ 10,]92 $ 10,192 $ 10,192 100% 100% 100%
=--to be determined as needed $ - 0%
$ - 0%
$ - 0%
$ - 0%
$ - 0%
$ - 0%
$ - 0%
$ - 0%
Total Amount Requested $ 10,192
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 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 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.
Rebuilding Together Orange County
Grantee/Contactor Organization
Safe at Home 2006-2007
Program Title
Stephen Carpenter
Name of Certifying Officer
ignature
Date
EXHIBIT C
Page 1 of2
SUB RECIPIENT 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 I.
2. No person in the United States shall on the ground of race, color, religion, national
origin, or sex, be excluded from participation in, or be denied the benefits of, or be
subjected to discrimination under any program or activity funded in whole or in part with
community development funds made available pursuant to the ACT.
3. All laborers and mechanics, employed by contractors or subcontractors in the
performance of construction work financed in whole or in part with community
development funds shall be paid wages at rates not less than those prevailing on similar
construction in the locality as determined in accordance with the Davis-Bacon Act, as
amended, 40 U. S. C. Sections 276 a 1-5, except for individuals who perform services for
which they volunteered; do not receive compensation for such services; or are paid
expenses, reasonable benefits, or a nominal fee for such services; and are not otherwise
employed at any time in construction work.
4. SUBRECIPIENT will comply with all Federal statutes applicable to projects funded
with community development funds, except that (a) SUBRECIPIENT does not assume
CITY'S environmental responsibilities described at 24 CFR 570.604; and (b)
SUBRECIPIENT does not assume CITY'S responsibility for initiating the review process
under Executive Order 12372.
EXHIBIT C
Page 2 of2
If you thinl, your home has high
levels of lead:
. Get your young children tested for lead, even if
they seem healthy.
. Wash children's hands, bottles, pacifiers, and toys
often.
. Make sure children eat healthy, low-fat foods.
. Get your home checked for lead hazards.
. Regularly clean floors, window sills, and other
surfaces.
. Wipe soil off shoes before entering house.
. Talk to your landlord about fixing surfaces with
peeling or chipping paint.
. Take precautions to avoid exposure to lead dust
when remodeling or renovating (call 1-800-424-
LEAD for guidelines).
. Don't use a belt-sander, propane torch, high
temperature heat gun, scraper, or sandpaper on
painted surfaces that may contain lead.
. Don't try to remove lead-based paint yourself.
Are You Planning To Buy, Rent, or Renovate
a Home Built Before .9781
Many houses and apartments built before 1978 have
paint that contains high levels of lead (called lead-
based paint). Lead from paint, chips, and dust can
pose serious health hazards if not taken care of properly.
OWNERS, BUYERS, and RENTERS are
encouraged to check for lead (see page 6)
before renting, buying or renovating pre-
1978 housing.
Federal law requires that individuals receive certain
information before renting, buying, or renovating
pre- 1978 housing:
FCM
RENS
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LANDLORDS have to disclose known infor-
mation on lead-based paint and lead-based
paint hazards before leases take effect.
Leases must include a disclosure about
lead-based paint.
SELLE.RS have to disclose known informa-
tion on lead-based paint and lead-based
paint hazards before selling a house. Sales
contracts must include a disclosure about
lead-based paint. Buyers have up to 10
days to check for lead.
RENOVATORS disturbing more than 2 square
feet of painted surfaces have to give you
this pamphlet before starting work.
IMPORTANT!
Lead From Paint, Dust, and
Soil Can Be Dangerous If Not
Managed Properly
fAC T: Lead exposure can harm young
children and babies even before they
are born.
fAC T: Even children who seem healthy can
have high levels of lead in their bodies.
fAC T: People can get lead in their bodies by
breathing or swallowing lead dust, or by
eating soil or paint chips containing
lead.
fAC T: People have many options for reducing
lead hazards. In most cases, lead-based
paint that is in good condition is not a
hazard.
fACT: Removing lead-based paint improperly
can increase the danger to your family.
If you think your home might have lead
hazards, read this pamphlet to learn some
simple steps to protect your family.
'~l!J5a~'1~!!lIIn.Wlg::JliM\~lJf..1MJ.
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Lead Gets in the Body in Many Ways
tl.U
Childhood
lead
poisoning
.
remains a
.
major
environmen-
tal health
problem in
the U.S.
Even children
who appear
healthy can
have danger-
ous levels of
lead in their
bodies.
People can get lead in their body if they:
. Breathe in lead dust (especially during
renovations that disturb painted
surfaces).
. Put their hands or other objects
covered with lead dust in their mouths.
. Eat paint chips or soil that contains
lead.
Lead is even more dangerous to children
under the age of 6:
. At this age children's brains and nervous
systems are more sensitive to the dam-
aging effects of lead.
. Children's growing bodies absorb more
lead.
. Babies and young children often put
their hands and other objects in their
mouths. These objects can have lead
dust on them.
Lead is also dangerous to women of
childbearing age:
. Women with a high lead level in their
system prior to pregnancy would expose
a fetus to lead through the placenta
during fetal development.
Lead's Effects
It is important to know that even exposure
to low levels of lead can severely harm
children.
In children, lead can cause:
. Nervous system and kidney damage.
. Learning disabilities, attention deficit
disorder, and decreased intelligence.
. Speech, language, and behavior
problems.
. Poor muscle coordination.
. Decreased muscle and bone growth.
. Hearing damage.
While low-lead exposure is most
common, exposure to high levels of
lead can have devastating effects on
children, including seizures, uncon-
sciousness, and, in some cases, death.
Although children are especially
susceptible to lead exposure, lead
can be dangerous for adults too.
In adults, lead can cause:
. Increased chance of illness during
pregnancy.
. Harm to a fetus, including brain
damage or death.
. Fertility problems (in men and women).
. High blood pressure.
. Digestive problems.
. Nerve disorders.
. Memory and concentration problems.
. Muscle and joint pain.
Brain or Nerve Damage
Reproductive
Problems
(Adults)
Lead affects
the body in
many ways.
Where Lead-Based Paint Is Found
In general,
the older your
home, the
more likely it
has lead-
based paint.
Many homes built before .978 have lead-
based paint. The federal government
banned lead-based paint from housing in
1978. Some states stopped its use even
earlier. Lead can be found:
. In homes in the city, country, or suburbs.
. In apartments, single-family homes, and
both private and public housing.
. Inside and outside of the house.
. In soil around a home. (Soil can pick up
lead from exterior paint or other sources
such as past use of leaded gas in cars.)
Checking Your Family for Lead
Get your
children and
home tested
if you think
your home
has high lev-
es of lead.
To reduce your child's exposure to lead,
get your child checked, have your home
tested (especially if your home has paint
in poor condition and was built before
.978), and fix any hazards you may have.
Children's blood lead levels tend to increase
rapidly from 6 to 12 months of age, and
tend to peak at 18 to 24 months of age.
Consult your doctor for advice on testing
your children. A simple blood test can
detect high levels of lead. Blood tests are
usually recommended for:
. Children at ages 1 and 2.
. Children or other family members who
have been exposed to high levels of lead.
. Children who should be tested under
your state or local health screening plan.
Your doctor can explain what the test results
mean and if more testing will be needed.
Lead-based paint is usually not a hazard if
it is in good condition, and it is not on an
impact or friction surface, like a window. It
is defined by the federal government as
paint with lead levels greater than or equal
to l.O milligram per square centimeter, or
more than 0.5% by weight.
Deteriorating lead-based paint (peeling,
chipping, chalking, cracking or damaged)
is a hazard and needs immediate attention.
It may also be a hazard when found on sur-
faces that children can chew or that get a
lot of wear-and-tear, such as:
. Windows and window sills.
. Doors and door frames.
. Stairs, railings, banisters, and porches.
Lead dust can form when lead-based paint is scraped, sanded, or
heated. Dust also forms when painted surfaces bump or rub togeth-
er. Lead chips and dust can get on surfaces and objects that people
touch. Settled lead dust can re-enter the air when people vacuum,
sweep, or walk through it. The following two federal standards have
been set for lead hazards in dust:
. 40 micrograms per square foot (j.1g1ft2) and higher for floors,
including carpeted floors.
. 250 J.1g1ft2 and higher for interior window sills.
Lead in soil can be a hazard when children play in bare soil or
when people bring soil into the house on their shoes. The following
two federal standards have been set for lead hazards in residential
soil:
Identifying Lead Hazards
11 L
Lead from
paint chips,
which you
can see, and
lead dust,
which you
can't always
see, can both
be serious
hazards.
. 400 parts per million (ppm) and higher in play areas of bare soil.
. 1 ,200 ppm (average) and higher in bare soil in the remainder of
the yard.
The only way to find out if paint, dust and soil lead hazards exist is
to test for them. The next page describes the most common meth-
ods used.
c;
Checking Your Home for Lead
Just knowing
that a home
has lead-
based paint
may not tell
you if there
is a hazard.
You can get your home tested for lead in
several different ways:
. A paint inspection tells you whether your
home has lead-based paint and where it
is located. It won't tell you whether or not
your home currently has lead hazards.
. A risk assessment tells you if your home
currently has any lead hazards from lead
in paint, dust, or soil. It also tells you what
actions to take to address any hazards.
. A combination risk assessment and
inspection tells you if your home has
any lead hazards and if your home has
any lead-based paint, and where the
lead-based paint is located.
Hire a trained and certified testing profes-
sional who will use a range of reliable
methods when testing your home.
. Visual inspection of paint condition
and location.
. A portable x-ray fluorescence (XRF)
machine.
. Lab tests of paint, dust, and soil
samples.
There are state and federal programs in
place to ensure that testing is done safely,
reliably, and effectively. Contact your state
or local agency (see bottom of page t t) for
more information, or call t -800-424-LEAD
(5323) for a list of contacts in your area.
Home test kits for lead are available, but
may not always be accurate. Consumers
should not rely on these kits before doing
renovations or to assure safety.
What You Can Do Now To Protect
Your Family
If you suspect that your house has lead
hazards, you can take some immediate
steps to reduce your family's risk:
. If you rent, notify your landlord of
peeling or chipping paint.
. Clean up paint chips immediately.
. Clean floors, window frames, window
sills, and other surfaces weekly. Use a
mop or sponge with warm water and a
general all-purpose cleaner or a cleaner
made specifically for lead. REMEMBER:
NEVER MIX AMMONIA AND BLEACH
PRODUCTS TOGETHER SINCE THEY
CAN FORM A DANGEROUS GAS.
. Thoroughly rinse sponges and mop
heads after cleaning dirty or dusty
areas.
. Wash children's hands often, especial-
ly before they eat and before nap time
and bed time.
. Keep play areas clean. Wash bottles,
pacifiers, toys, and stuffed animals
regularly.
. Keep children from chewing window
sills or other painted surfaces.
. Clean or remove shoes before
entering your home to avoid
tracking in lead from soil.
Make sure children eat
nutritious, low-fat meals high
in iron and calcium, such as
spinach and dairy products.
Children with good diets absorb
less lead.
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Reducing Lead Hazards In The Home
Removing
lead
improperly
.
can Increase
the hazard to
your family
by spreading
even more
lead dust
around the
house.
Always use a
professional who
is trained to
remove lead
haz.ards safely.
In addition to day-to-day cleaning and good
nutrition:
. You can temporarily reduce lead hazards
by taking actions such as repairing dam-
aged painted surfaces and planting grass
to cover soil with high lead levels. These
actions (called "interim controls") are not
permanent solutions and will need ongo-
ing attention.
. To permanently remove lead hazards,
you should hire a certified lead "abate-
ment" contractor. Abatement (or perma-
nent hazard elimination) methods
include removing, sealing, or enclosing
lead-based paint with special materials.
Just painting over the hazard with regular
paint is not permanent removal.
Always hire a person with special training
for correcting lead problems-someone
who knows how to do this work safely and
has the proper equipment to clean up
thoroughly. Certified contractors will employ
qualified workers and follow strict safety
rules as set by their state or by the federal
government.
Once the work is completed, dust cleanup
activities must be repeated until testing
indicates that lead dust levels are below the
following:
. 40 micrograms per square foot (J.1g1ft2)
for floors, including carpeted floors;
. 250 J.1g/ft2 for interior windows sills; and
400 J.1g/ft2 for window troughs.
Call your state or local agency (see bottom
of page 1 1) for help in locating certified
professionals in your area and to see if
financial assistance is available.
Remodeling or Renovating a Home With
Lead-Based Paint
Take precautions before your contractor or
you begin remodeling or renovating any-
thing that disturbs painted surfaces (such
as scraping off paint or tearing out walls):
. Have the area tested for lead-based
paint.
. Do not use a belt-sander, propane
torch, high temperature heat gun, dry
scraper, or dry sandpaper to remove
lead-based paint. These actions create
large amounts of lead dust and fumes.
Lead dust can remain in your home
long after the work is done.
Temporarily move your family (espe-
cially children and pregnant women)
out of the apartment or house until
the work is done and the area is prop-
erly cleaned. If you can't move your
family, at least completely seal off the
work area.
. Follow other safety measures to
reduce lead hazards. You can find out
about other safety measures by calling
1-800-424-LEAD. Ask for the brochure
"Reducing Lead Hazards When
Remodeling Your Home." This brochure
explains what to do before, during,
and after renovations.
If you have already completed renova-
tions or remodeling that could have
released lead-based paint or dust, get
your young children tested and follow
the steps outlined on page 7 of this
brochure.
If not
conducted
properly,
certain types
of renova-
tions can
release lead
from paint
and dust into
the air.
Other Sources of Lead
While paint, dust,
and soil are the
most c.ommon
sourc.es of lead,
other lead
sources also exist.
. Drinking water. Your home might have
plumbing with lead or lead solder. Call
your local health department or water
supplier to find out about testing your
water. You cannot see, smell, or taste
lead, and boiling your water will not get
rid of lead. If you think your plumbing
might have lead in it:
· Use only cold water for drinking and
cooking.
· Run water for 1 5 to 30 seconds
before drinking it, especially if you
have not used your water for a few
hours.
. The job. If you work with lead, you
could bring it home on your hands or
clothes. Shower and change clothes
before coming home. launder your work
clothes separately from the rest of your
family's clothes.
. Old painted toys and furniture.
. Food and liquids stored in lead crystal
or lead-glazed pottery or porcelain.
. Lead smelters or other industries that
release lead into the air.
. Hobbies that use lead, such as making
pottery or stained glass, or refinishing
furniture.
. folk remedies that contain lead, such as
"greta" and "azarcon" used to treat an
upset stomach.
For More Information
The National Lead Information Center
Call 1 -800-424-LEAD (424-5323) to learn
how to protect children from lead poisoning
and for other information on lead hazards.
To access lead information via the web, visit
www.epa.gov/lead and
www.hud.gov/offices/lead/.
EPA's Safe Drinking Water Hotline
Call 1 -800-426-4791 for information about
lead in drinking water.
Consumer Product Safety
Commission (CPSC) Hotline __
To request information on lead in
consumer products, or to report an
unsafe consumer product or a prod-
uct-related injury call 1 -800-638-
2772, or visit CPSC's Web site at:
www.cpsc.gov.
Health and Environmental Agencies
Some cities, states, and tribes have
their own rules for lead-based paint
activities. Check with your local agency to
see which laws apply to you. Most agencies
can also provide information on finding a
lead abatement firm in your area, and on
possible sources of financial aid for reducing
lead hazards. Receive up-to-date address
and phone information for your local con-
tacts on the Internet at www.epa.gov/lead
or contact the National Lead Information
Center at t -800-424-LEAD.
,"_~'liilMm~~
For the hearing impaired, call the Federal Information
Relay Service at i -800- 3 to access any of
the phone numbers in this brochure.
Ii
EPA Regional Offices
Your Regional EPA Office can provide further information regard-
ing regulations and lead protection programs.
EPA Regional Offices
Region 1 (Connecticut, Massachusetts,
Maine, New Hampshire, Rhode Island,
Vermont)
Regional Lead Contact
U.S. EPA Region 1
Suite 1 100 (CPT)
One Congress Street
Boston, MA 02114-2023
1 (888) 372-7341
Region 2 (New Jersey, New York,
Puerto Rico, Virgin Islands)
Regional Lead Contact
U.S. EPA Region 2
2890 Woodbridge Avenue
Building 209, Mail Stop 225
Edison, NJ 08837-3679
(732) 321-6671
Region 3 (Delaware, Maryland,
Pennsylvania, Virginia, Washington DC,
West Virginia)
Regional Lead Contact
U.S. EPA Region 3 (3WC33)
1650 Arch Street
Philadelphia, PA 19103
(215) 814-5000
Region 4 (Alabama, Florida, Georgia,
Kentucky, Mississippi, North Carolina,
South Carolina, Tennessee)
Regional Lead Contact
U.s. EPA Region 4
61 Forsyth Street, SW
Atlanta, GA 30303
(404) 562-8998
Region 5 (Illinois, Indiana, Michigan,
Minnesota, Ohio, Wisconsin)
Regional Lead Contact
U.S. EPA Region 5 (DT-8J)
77 West Jackson Boulevard
Chicago,IL 60604-3666
(31 2) 886-6003
Region 6 (Arkansas, Louisiana, New
Mexico, Oklahoma, Texas)
Regional Lead Contact
U.s. EPA Region 6
1445 Ross Avenue, 12th Floor
Dallas, TX 75202-2733
(214) 665-7577
Region 7 (Iowa, Kansas, Missouri,
Nebraska)
Regional Lead Contact
U.S. EPA Region 7
(ARTD-RALI)
90 I N. 5th Street
Kansas City, KS 661 0 I
(913) 551- 7020
Region 8 (Colorado, Montana, North
Dakota, South Dakota, Utah, Wyoming)
Regional Lead Contact
U.S. EPA Region 8
999 18th Street, Suite 500
Denver, CO 80202-2466
(303) 312-602 I
Region 9 (Arizona, California, Hawaii,
Nevada)
Regional Lead Contact
U.S. Region 9
75 Hawthorne Street
San Francisco, CA 94105
(415) 947-4164
Region 10 (Alaska, Idaho. Oregon,
Washington)
Regional Lead Contact
U.S. EPA Region 10
Toxics Section WCM- I 28
I 200 Sixth Avenue
Seattle. WA 98101-1128
(206) 553-1985
CPSC Regional Offices
Your Regional CPSC Office can provide further information regard-
ing regulations and consumer product safety.
Eastern Regional Center
Consumer Product Safety Commission
201 Varick Street. Room 903
New York, NY 10014
(212) 620-4120
\\estern Regional Center
Consumer Product Safety Commission
1301 Clay Street. Suite 61 O-N
Oakland, CA 94612
(510) 637-4050
Central Regional Center
Consumer Product Safety Commission
230 South Dearborn Street. Room 2944
Chicago.IL 60604
(312) 353-8260
HUD Lead Office
Please contact HUD's Office of Healthy Homes and Lead Hazard
Control for information on lead regulations, outreach efforts, and
lead hazard control and research grant programs.
u.s. Department of Housing and Urban Development
Office of Healthy Homes and Lead Hazard Control
451 Seventh Street. SW. P-3206
Washington. DC 20410
(202) 755- 1 785
This document is in the public domain. It may be reproduced by an individual or
organization without permission. Information provided in this booklet is based
upon current scientific and technical understanding of the issues presented and
is reflective of the jurisdictional boundaries established by the statutes governing
the co-authoring agencies. Following the advice given will not necessarily pro-
vide complete protection in all situations or against all health hazards that can
be caused by lead exposure.
U.S. EPA Washington DC 20460
U.S. CPSC Washington DC 20207
U.S. HUD Washington DC 20410
EPA747-K-99-001
June 2003
:3
Disclosure of Information on Lead-Based Paint and/or Lead-Based Paint Hazards
Lead Warning Statement
Housing built before 7978 may contain lead-based paint. Lead from paint, paint chips, and dust can pose
health hazards if not managed properly. Lead exposure is especially harmful to young children and pregnant
women. Before renting pre-7978 housing, lessors must disclose the presence of known lead-based paint and/or
lead-based paint hazards in the dwelling. Lessees must also receive a federally approved pamphlet on lead
poisoning prevention.
Lessor's Disclosure
(a) Presence of lead-based paint and/or lead-based paint hazards (check (i) or (ii) below):
(i) Known lead-based paint and/or lead-based paint hazards are present in the housing
(explain).
(ii) _ Lessor has no knowledge of lead-based paint and/or lead-based paint hazards in the
housing.
(b) Records and reports available to the lessor (check (i) or (ii) below):
(i) Lessor has provided the lessee with all available records and reports pertaining to
lead-based paint and/or lead-based paint hazards in the housing (list documents
below).
(ii) _ Lessor has no reports or records pertaining to lead-based paint and/or lead-based
paint hazards in the housing.
Lessee's Acknowledgment (initial)
(c) Lessee has received copies of all information listed above.
(d) Lessee has received the pamphlet Proted Your Family from Lead in Your Home.
Agenfs Acknowledgment (initial)
(e) Agent has informed the lessor of the lessor's obligations under 42 USe. 4852(d) and
is aware of his/her responsibility to ensure compliance.
Certification of Accuracy
The following parties have reviewed the information above and certify, to the best of their knowledge, that
the information they have provided is true and accurate.
Lessor
Date
Lessor
Date
Lessee
Date
Lessee
Date
Date
Agent
Date
Agent
Disclosure of Information on Lead-Based Paint and/or Lead-Based Paint Hazards
Lead Warning Statement
Every purchaser of any interest in residential real property on which a residential dwelling was built prior to 1978 is
notified that such property may present exposure to lead from lead-based paint that may place young children at risk
of developing lead poisoning. Lead poisoning in young children may produce permanent neurological damage,
including learning disabilities, reduced intelligence quotient behavioral problems, and impaired memory. Lead
poisoning also poses a particular risk to pregnant women. The seller of any interest in residential real property is
required to provide the buyer with any information on lead-based paint hazards from risk assessments or inspections
in the sellers possession and notify the buyer of any known lead-based paint hazards. A risk assessment or inspection
for possible lead-based paint hazards is recommended prior to purchase.
Seller's Disclosure
(a) Presence of lead-based paint and/or lead-based paint hazards (check (i) or (ii) below):
(i) _ Known lead-based paint and/or lead-based paint hazards are present in the housing
(explain).
(ii) _ Seller has no knowledge of lead-based paint and/or lead-based paint hazards in the housing.
(b) Records and reports available to the seller (check (i) or (ii) below):
(i) _ Seller has provided the purchaser with all available records and reports pertaining to lead-
based paint and/or lead-based paint hazards in the housing (list documents below).
(ii) _ Seller has no reports or records pertaining to lead-based paint and/or lead-based paint
hazards in the housing.
Purchaser's Acknowledgment (initial)
(c) Purchaser has received copies of all information listed above.
(d) Purchaser has received the pamphlet Proted Your Family from Lead in Your Home.
(e) Purchaser has (check (i) or (ii) below):
(i) _ received a lO-day opportunity (or mutually agreed upon period) to conduct a risk assess-
ment or inspection for the presence of lead-based paint and/or lead-based paint hazards; or
(ii) _ waived the opportunity to conduct a risk assessment or inspection for the presence of
lead-based paint and/or lead-based paint hazards.
Agenfs Acknowledgment (initial)
(f) Agent has informed the seller of the seller's obligations under 42 U.s.c. 4852(d) and is
aware of his/her responsibility to ensure compliance.
Certification of Accuracy
The following parties have reviewed the information above and certify, to the best of their knowledge, that the
information they have provided is true and accurate.
Date
Seller
Date
Seller
Purchaser
Date
Purchaser
Date
Agent
Date
Agent
Date
Appendix A--Sample Summary Inspection Notice Format
Note: The following appendix will not appear in the Code of
Federal Regulations
Summary Notice of Lead-Based Paint Inspection
Address/location of property or structure(s) this summary notice
applies to:
~----------------------------------------------------------------------
L----------------------------------------------------------------------
L----------------------------------------------------------------------
Lead-based paint inspection description:
Date(s) of inspection:-----------------------------------------------
Summary of inspection results (check all that apply) :
(a) No lead-based paint was found.
(b) ____ Lead-based paint was found.
(c) A brief summary of the findings of the inspection is
provided below (required if lead-based paint found) .
Summary of where lead-based paint was found. List at least the
housing unit numbers and common areas (for multifamily housing), and
building components (including type of room or space, and the
material underneath the paint) :
C----------------------------------------------------------------------
r~----------------------------------------------------------------------
~----------------------------------------------------------------------
~----------------------------------------------------------------------
~----------------------------------------------------------------------
~----------------------------------------------------------------------
n----------------------------------------------------------------------
n----------------------------------------------------------------------
n----------------------------------------------------------------------
n----------------------------------------------------------------------
n----------------------------------------------------------------------
n----------------------------------------------------------------------
n----------------------------------------------------------------------
n----------------------------------------------------------------------
Contact person for more information about the inspection:
Printed name:--------------------------------------------------------
Organization:--------------------------------------------------------
Street and city:-----------------------------------------------------
[[Page 50231]]
State: ZIP:------------------------------------------------------
Phone number: (____)-------------------------------------------------
Person who prepared this summary notice:
Printed name:--------------------------------------------------------
Signature:-----------------------------------------------------------
Attachment 3
Page 10f5
Date:-------------------------------------------------------------___
Organization:--------------------------------------------------______
Street and city:---------------------------------------------------__
State: ZIP: ----------------------------------------------____
Phone number: (____)-------------------------------------------------
Appendix B--Sample Summary Risk Assessment Notice Format
Note: This following appendix will not appear in the Code of
Federal Regulations
Summary Notice of Lead-Based Paint Risk Assessment
Address/location of property or structure(s) this summary notice
applies to:
L------------------------------------------------------________________
n-------------------------------------------------_____________________
n-----------------------------------------------------_________________
Lead-based paint risk assessment description:
Date(s) of risk assessment:------------------------------------------
Summary of risk assessment results (check all that apply):
(a) No lead-based paint hazards were found.
(b) ____ Lead-based paint hazards were found.
(c) ____ A brief summary of the findings of the risk assessment
is provided below (required if any lead-based paint hazards were
found) .
Summary of types and locations of lead-based paint hazards. List at
least the housing unit numbers and common areas (for multifamily
housing), bare soil locations, dust-lead locations, and/or building
components (including type of room or space, and the material
underneath the paint), and types of lead-based paint hazards found:
L------------------------------------------____________________________
L------------------------------------------____________________________
n-------------------------------------------___________________________
L----------------------------------------______________________________
C-----------------------------------------_____________________________
n---------------------------------------_______________________________
n-------------------------------------_________________________________
n----------------------------------------______________________________
n---------------------------------------_______________________________
L-----------------------------------___________________________________
L------------------------------------__________________________________
L-------------------------------------_________________________________
Contact person for more information about the risk assessment:
Printed name:----------------------------------______________________
n----------------------------------____________________________________
Organization:-------------------------------_________________________
L----------------------------------____________________________________
Street and city:-----------------------------________________________
L---------------------------------_____________________________________
State: ZIP: Phone number: (____)---------------------------
Attachment 3
Page 2 of5
0----------------------------------------------------------------------
Person who prepared this summary notice:
Printed name:--------------------------------------------------------
C----------------------------------------------------------------------
Signature:-----------------------------------------------------------
L Date:----------------------------------------------------------------
L----------------------------------------------------------------------
Organization:--------------------------------------------------------
n----------------------------------------------------------------------
Street and city:-----------------------------------------------------
n----------------------------------------------------------------------
State: ZIP: Phone number: (____)---------------------------
0----------------------------------------------------------------------
Appendix C--Sample Summary Presumption Notice Format
Note: The following appendix will not appear in the Code of
Federal Regulations
Notice That Lead-Based Paint or Lead-Based Paint Hazards Are Presumed
to be Present
Address/location of property or structure(s) this notice of
presumption applies to:
n----------------------------------------------------------------------
n----------------------------------------------------------------------
0----------------------------------------------------------------------
Type of presumption (check all that apply) :
(a) Lead-based paint is presumed to be present.
(b) Lead-based paint hazard(s) is(are) presumed to be
present.
Summary of presumption. List at least the housing unit numbers and
common areas (for multifamily housing), bare soil locations, dust-
lead locations, and/or building components (including type of room
or space, and the material underneath the paint), and types of lead-
based paint hazards presumed to be present:
c----------------------------------------------------------------------
L----------------------------------------------------------------------
C----------------------------------------------------------------------
L----------------------------------------------------------------______
C-------------------------------------------------------------------___
G---------------------------------------------------------------------_
n----------------------------------------------------------------______
n--------------------------------------------------------------________
n-----------------------------------------------------------___________
1:-----------------------------------------------------------------_____
n-----------------------------------------------------------------_____
ic____________________________________________________------------------
L---------------------------------------------------------_____________
L-------------------------------------------------------_______________
n------------------------------------------------------------__________
[----------------------------------------------------------------------
L------------------------------------------------------________________
Contact person for more information about the presumption:
Attachment 3
Page 3 of 5
Printed name:---------------------------------_______________________
Q----------------------------------------------------------------------
Organization:-----------------------------___________________________
n----------------------------------____________________________________
Street and city:---------------------------------____________________
0-------------------------------------_________________________________
State: ZIP: Phone number: (____)---------------------------
C-------------------------------------_________________________________
Person who prepared this notice of presumption:
Printed name:--------------------------------________________________
~----------------------------------------------------------------------
Signature:----------------------------------_________________________
n Date:------------------------------------____________________________
0-----------------------------------___________________________________
Organization:----------------------------____________________________
n---------------------------------_____________________________________
Street and city:-------------------------------______________________
C----------------------------------____________________________________
State: ZIP: Phone number: (____)---------------------------
~----------------------------------------------------------------------
Appendix D--Sample Hazard Reduction Completion Notice Format
Note: The following appendix will not appear in the Code of
Federal Regulations.
Summary Notice of Completion of Lead-Based Paint Hazard Reduction
Activity
Address/location of property or structure(s) this summary notice
applies to:
C-------------------------------_______________________________________
0-------------------------------_______________________________________
Q----------------------------------------------------------------------
Summary of the hazard reduction activity:
Start and completion date(s) :---------------_________________________
Activity locations and types. List at least the housing unit numbers
and common areas (for multifamily housing), bare soil locations,
dust-lead locations, and/or building components (including type of
room or space, and the material underneath the paint), and types of
hazard reduction activities performed at the locations listed:
~----------------------------------------------------------------------
C---------------------------___________________________________________
~----------------------------------------------------------------------
n--------------------------____________________________________________
n--------------------------____________________________________________
n----------------------------__________________________________________
Date(s) of clearance testing and/or soil analyses: ____
Locations of building components with lead-based paint remaining in
the rooms, spaces or areas where activities were conducted:
n------------------------______________________________________________
Attachment 3
Page 4 of5
n----------------------------------------------------------------------
0----------------------------------------------------------------------
n----------------------------------------------------------------------
Summary
(a)
(b)
(c)
of results of clearance testing and soil analyses:
No clearance testing was performed.
Clearance testing showed clearance was achieved.
Clearance testing showed clearance was not achieved.
Contact person for more information about the hazard reduction:
Printed name:--------------------------------------------------------
Organization:--------------------------------------------------------
Street and city:-----------------------------------------------------
State: ZIP:-----------------------------------------------------
Phone number: {____)-------------------------------------------------
Person who prepared this summary notice:
Printed name:--------------------------------------------------------
Signature:-----------------------------------------------------------
Date:----------------------------------------------------------------
Organization:--------------------------------------------------------
Street and city:-----------------------------------------------------
State: ZIP:-----------------------------------------------------
Phone number: {____)-------------------------------------------------
[FR Doc. 99-23016 Filed 9-14-99; 8:45 am]
BILLING CODE 4210-32-P
Attachment 3
Page 5 of5
ATTACHMENT NO.4
LBP INFORMATION SUMMARY
1. ZERO/O BEDROOM < (LESS THAN) 100 DAYS IN UNIT; ASSISTANCE IN
HOMELESS SHELTER
. STATUS: EXEMPT TITLE X
2. ZERO/O BEDROOM> (MORE THAN) 100 DAYS IN UNIT
STATUS: OPEN ISSUE UNDER LBP REGS
ZERO/O BEDROOM> (MORE THAN) 100 DAYS ASSISTANCE IN
HOMELESS SHELTER
STATUS: OPEN ISSUE UNDER LBP REGS
SEE SUBPART K
CLEARANCE OF UNITS) WILL BE REQUIRED BY CITY FOR ALL HOUSING UNITS
(EVEN ZERO BEDROOM). FOR WHICH OCCUPANCY OCCURS BY ASSISTED
HOUSEHOLD FOR MORE THAN 100 DAYS, PENDING FURTHER
INTERPRETATION/GUIDANCE FROM HUD
3. ONE OR MORE (1+) BEDROOMS OCCUPANCY < 100 DAYS IN
RESIDENTIAL UNIT AND/OR OCCUPANCY IN HOMELESS SHELTER
. EXEM PT TITLE X
4. 1+ BEDROOMS> 100 DAYS IN RESIDENTIAL UNIT
. STATUS: SAME AS #2 ABOVE; CLEARANCE REQUIRED
. SEE SUBPART K
5. EMERGENCY RENTAL ASSISTANCE < 100 DAYS
. EXEMPT TITLE X
6. EMERGENCY RENTAL ASSISTANCE> TO HOUSEHOLD TO BE
OCCUPANCY IN RESIDENTIAL UNIT FOR MORE THAN 100 DAYS (SUCH AS
LONG TERM LEASE SIGNED AT TIME OF EMERGENCY ASSISTANCE)
Attachment 4
Page] of2
CLEARANCE BEFORE ANY MONEY DISBURSED;
LBP COMPLIANCE: NOTIFICATION, EVALUATION, REDUCTION THROUGH
CLEARANCE REQUIRED BEFORE OCCUPANCY OF UNIT
MAY BE CONSIDERED TENANT BASED RENTAL ASSISTANCE (TBRA); THUS
HQS INSPECTION AND SUBPART M MAY APPLY
· SEE SUBPARTS K AND M
PENDING HUD GUIDANCE
7. TB RA < 100 DAYS
· EXEMPT TITLE X
8. TBRA> 100 DAYS OF HOME ASSISTANCE (SUCH AS WHEN TENANT
ENTERS INTO LONG TERM LEASE
SEE SUBPART M
CLEARANCE BEFORE ANY MONEY DISBURSED;
LBP COMPLIANCE: NOTIFICATION, EVALUATION, REDUCTION THROUGH
CLEARANCE REQUIRED BEFORE OCCUPANCY OF UNIT
· HQS INSPECTION REQUIRED BEFORE OCCUPANCY
· CLEARANCE BEFORE ANY MONEY DISBURSED
9. TBRA < 100 DAYS -TENANT ENTERS INTO LONG TERM LEASE, CITY
GIVES LESS THAN 100 DAYS OF ASSISTANCE.
EXEMPT TITLE X
Attachment 4
Page 2 of2
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ACORn.
THIS CERTIFICATE IS ISSUED AS A MA TIER 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.
PRODUCER . .
Aon R1Sk Servlces ,Inc. of washington, D.C./ Hunt
1120 20th Street NW
washington DC 20036 USA
PHONE. 866 283-7122
FAX- 847 953-5390
INSURERS AFFORDING COVERAGE
INSURED
Rebuilding Together
And Its Affiliates
1536 16th Street, NW
washington DC 20016 USA
INSURER A:
INSURER B:
westchester surplus Lines In? Co
NAIC #
10172
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INSURER C:
INSURER D:
INSURER E:
TIlE POUCIES OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO TIlE INSURED NAMED ABOVE FOR TIlE POUCY PERIOD INDICATED. NOTWmISTANDING
ANY REQUIREMENT, TERM OR CONDmON OF ANY CONTRACT OR OTIIER DOCUMENT WIlli RESPECT TO WHICH TIllS CERTIFICATE MAYBE ISSUED OR MAY
PERTAIN, TIlE INSURANCE AFFORDED BY TIlE POUCIES DESCRIBED HEREIN IS SUBJECT TO ALL TIlE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POUCIES.
AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR INS
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFEC
DA TE(MM\DDlYY)
03/15/06
POLICY EXPIRATION
DATE(MM\DDlYY)
03/15/07
LIMITS
A
~ERAL LIABILITY
X COMMERCIAL GENERAL LIABILITY
CLAIMS MADE ~ OCCUR
G22038424001
EACH OCCURRENCE
$1,000,000
$50,000
DAMAGE TO RENTED
PREMISES (Ea o<:<:urence)
( y one person)
GENERAL AGGREGATE
$1,000,000
$5,000,000
$2,000,000
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PERSONAL & ADV INJURY
GEN'L AGGREGATE LIMIT APPLIES PER:
~ POLICY
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JECT
PRODUCTS - COMPIOP AGG
AUTOMOBILE LIABILITY
ANY AU'lG
COMBINED SINGLE LIMIT
(Ea accident)
SCHEDULEr;> AUTOS
HIRED AUTOS
NON OWNED AUTOS
BODILY INJURY
( Per person)
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ALL OWNED AUTOS
BODILY INJURY
(Per acci;lent) :.-; ~~~._
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GARAGE LIABILITY
B ANY AUTO
EXCESS /UMBRELLA LIABILITY
~ OCCUR D CLAIMS MADE
AUTO ONLY - EA ACCIDENT
OTIIER THAN EA ACC
AUTO ONLY :
A
AGG
G21980201001
03/15/06
o 15 7
EACH OCCURRENCE
AGGREGATE
DDEDUC'TiBlE
I8JRETENTION
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
ANY PROPRIETOR I PARTNER I EXECUTIVE
OFFlCERlMEMBER EXCLUDED?
If yes, describe under SPECIAL PROVISIONS
below
:" T() Fl.'
E.L. EACH ACCIDENT
E.L. DISEASE-EA EMPLOYEE
E.L. DISEASE-POLICY LIMIT
AUTHORIZED REPRESENTATIVE
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ornER
DESCRIPTION OF OPERATIONSILOCATIONSlVEHICLESlEXCLUSIONS ADDED BY ENDORSEMENTtSPECIAL PROVISIONS
With respect to General Liability Policy, Community Redevelopment Agency of Santa Ana is included as additional
insured where required by written contract.
Rebuildin9 Together Orange County
Attn: Frelda Cruze
P.O. Box 329
Tustin CA 92781 USA
SHOUW ANY OF THE ABOVE DESCRIBED POLICIES BE CANCElLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL
30 DAYS WRITfEN NOTICE TO THE CERTIFICATE HOWER NAMED TO THE LEFT.
BUT FAILURE TO DO SO SHALl.. IMPOSE NO OBLIGATION OR LIABILITY
OF ANY KIND UPON THE INSURER. ITS AGENTS OR REPRESENTATIVES.
c..R..
EXHIBIT B
ADDITIONAL INSURED ENDORSEMENT
FOR COMMERCIAL GENERAL LIABILITY POLICY
In C Westchester Surplus Lines Inc. Co.
surance ompany .
This endorsement modifies such insurance as is afforded by the provisions of Policy
'It; 2 2038424001 relating to the following:
1. . The City of Santa Ana, 20 Civic Center Plaza, Santa Aria, Califomia-9270 I; its
officers, empl9yees, 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 bene.fit 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 claiplant if not so included.
4. With respect to the additional insureds, this insurance shalJ not be cancelled, 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 92701.
/
(Completion of the following, including countersignature, is required to make this endorsement
- effective.)
Effective' 03 j 1 5 /06 - 03/15/07 , this endorsement form as a part of
Policy # G22038424001
Issued to R e b u i 1 din g Tog e the ran d Its A f f i 1 i ate s
Named Insured
Ji.. .'~ .,.,." ~,.,J :c./ ".':
-'~:~?~---counterSigned by ~epresentative
CERl ..,-oLDER COpy
NF
STATE
COMPENSATION
INSURANCE
I=UND
P.O. BOX 420807, SAN FRANCISCO,CA 94142.-0807
CERTIFICATE OF WORKERS' COMPENSATION INSURANCE
ISSUE DATE: 07-17-2006
GROUP:
POLICY NUMBER: 1768237-2005
CERTIFICATE 10: 5
CERTIFICATE EXPIRES: 11-11-2006
11-11-2005/11-11-2006
CITY OF SANTA ANA
COMMUNITY DEVELOPMENT AGENCY-M-25
PO BOX 1988
SANTA ANA CA 92702-1988
NF
This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the
California Insurance Commissioner to the employer named below for the policy period indicated.
This policy is not subject to c...cellation by the Fund except upon30 days advance written notice to the employer.
We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration.
This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded
by the policy listed herein. Notwithstandin~ tIIly requirement, term or condition of tIIly contract or other document
with respect to which this certificate of Insurance may be issued or to which it may pertain, the insur...ce
afforded by the policy described herein is subject to all the terms, exclusions. and conditions, of such policy.
a::-R~
EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE
~
PRESIDENT
COSTS: $1 .000,000 PER OCCURRENCE.
ENDORSEMENT 12065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 11-11-2004 IS
ATTACHED TD AND FORMS A PART OF THIS POLICY.
EMPLOYER
REBUILDING TOGETHER ORANGE COUNTY (A
NON-PROFIT PUBLIC BENEFIT CORP )
PO BOX 329
TUSTIN CA 92781
NF
"'~~"._'
~~~
(REV.2-05)
[JD4,CN]
PRINTED 07-17-2006
. . CONSENT CALENDAR
ABSTAIN: None (0)
ABSENT: Garcia, Pulido, Solorio (3)
REPORTS
65.A. 4TH DISTRICT COURT OF APPEAL STATUS REPORT - CITY MANAGER
Dave Ream, City Manager presented an update on the 4th District Court of
Appeal, and informed the Council that Mr. Clifford Ham, Principal Architect for
the 4th District Court will give a presentation at the next televised Council
meeting.
PUBLIC HEARINGS
75.A. COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FISCAL YEAR
2006-2007
Public hearing closed on March 6, 2006 regarding the proposed Community
Development Block Grant (CDBG) Program and Budget for Fiscal Year 2006-
2007
Legal Notice published in the Orange County Register, La Opinion, and Nguoi
Viet on February 17, 2006 and Tri-County Bulletin on February 16, 2006
Continued from the March 6, 2006 City Council Meeting by a vote of 5-0 vote
(Pulido and Bist absent)
Continued from the April 3,2006 City Council Meeting by a vote of 7-0
Motion: 1. Approve the proposed fiscal year 2006-2007 Community Development
Block Grant Program.
SOCIAL SERVICES
1 Achievement Institute of Scientific 7,500 7,50C
Studies
2 Assistance League of Santa Ana 16,000 16,000
3 Blind Children's Learning Center 18,000 18,000
CITY COUNCIL MINUTES
10
APRIL 17, 2006
.
.
PUBLIC HEARING
4 Bowers Museum 5,000 5,000
5 Boys & Girls Club of Santa Ana 27,000 2,000 29,000
6 CHCADA-La Familia 0 5,000 5,000
7 Cambodian Family, The 17,000 1,000 18,000
8 Career Beginnings of Orange County 14,000 4,000 18,000
9 Casa de Salud Family Health Clinic 10,000 10,000
10 City of Santa Ana, PRCSA-McFadden 77,000 -16,500 60,500
11 City of Santa Ana, PRCSA-Project 177,000 -42,500 134,500
Pride
12 Colette's Children's Home 0 0
13 Community Service Program, Inc 0 7,500 7,500
14 Council of Orange County Society of 0 0
St. Vincent de Paul
15 Council on Aging of Orange County 7,000 -1,000 6,000
16 Dayle Mcintosh Center 8,000 8,000
17 Delhi Center 0 3,000 3,000
18 EI Centro Cultural de Mexico 10,000 10,000
19 EI Sol Science and Arts Academy 0 0
20 Feedback Foundation, Inc.-Meals on 17,000 5,500 22,500
Wheels
21 Feedback Foundation, Inc.-Senior 17,000 5,500 22,500
Lunch
22 HistArt H Renaissance Inst. 10,000 10,000
23 Hope Community Services, Inc. 0 0
24 Hotline of Southern California 5,000 5,000
25 Human Options 16,000 4,000 20,000
26 Info Link Orange County 5,000 -5,000 0
27 Kidsingers 1 0,000 3,000 13,000
28 Legal Aid Society of Orange County 5,000 1,000 6,000
29 Mariposa Women and Family Center 6,000 6,000
30 Mercy House Transitional Living 19,000 -9,000 10,000
Centers, Inc.
31 National Council on Alcoholism & Drug 19,000 1,000 20,000
Dependence - Orange County
32 National Heritage-Academy of 6,000 4,000 10,000
International Dance
33 Orange County Bar Foundation- 6,000 6,000
Addiction
34 Orange County Bar Foundation- 11 ,000 2,000 13,000
Programa Shortstop
35 Orange County Crazies 10,000 10,000
36 Orange County High School of the Arts 7,000 -7,000 0
Foundation
37 Orange County Human Relations 12,000 -7,000 5,000
Council-Common Ground
CITY COUNCIL MINUTES
11
APRIL 17, 2006
.
.
PUBLIC HEARING
38 Orange County Human Relations 10,000 -5,000 5,000
Council-Heart of the Orange
39 Orange County on Track 8,000 8,000
40 Orange County Teen Challenge 9,500 9,500
41 Orange County Youth Commission- 11,000 -3,000 8,000
Santa Ana Boxing
42 Relampago Del Cielo, Inc 5,000 5,000
43 Saint Joseph Ballet 36,000 9,000 45,000
44 Santa Ana Friends for the Animals 8,000 -3,000 5,000
45 Santa Ana PO-Helicopter 167,000 38,000 205,000
46 Share Our Selves-SOS 0 0
Comprehensive CARE
47 Share Our Selves-SOS Free 12,000 -2,000 10,000
Med/Dental Clinic
48 Sisters of St. Joseph of Orange-Taller 35,000 -1 ,000 34,000
San Jose
49 Southwest Minority Economic 8,000 2,000 10,000
Development Association
50 Think Together 13,000 -6,000 7,000
51 Thomas House Temporary Shelter 14,000 14,000
52 TKO Boxing Club 12,000 3,000 15,000
53 Vietnamese Community of Orange 12,000 12,000
County, Inc.
54 WISE Place 5,000 7,500 12,500
55 Women Helping Women 5,000 5,000
56 Women's Transitional Living Center 5,000 5,000
57 Santa Ana Unified School District 0 0
Police
TOTAL SOCIAL SERVICES 950,000 0 950,000
58 Administration 735,000 735,000
59 Fair Housing Council of Orange 72,396 72,396
County
60 General Planning 100,000 100,000
61 Section 108 Loan Repayment - Police 1,884,155 1,884,155
Holding Facility
62 Fire Equipment 475,000 475,000
63 Neighborhood Sponsored 50,000 50,000
Improvements
64 Public Facilities Improvements/ADA 100,000 100,000
65 Parks and Recreation -Windsor Park 400,000 400,000
Improvements
66 Public Works -Neighborhood Street 400,000 400,000
Improvements
67 Code Enforcement 1,720,000 1,720,000
68 Paint Your Heart Out 90,112 90,112
NON SOCIAL SERVICE
CITY COUNCIL MINUTES
12
APRIL 17,2006
. . PUBLIC HEARING
Rebuilding Together a.c. 26,000 26,000
Multi-Family Rehab Loans 103,911 103,911
TOTAL NON SOCIAL SERVICE 6,156,574 0 6,156,574
TOTAL SOCIAL SERVICE 950,000 0 950,000
7,106,574 7,106,574
2. Authorize the City Manager to submit the approved program to the
United States Department of Housing and Urban Development for the
City's fiscal year 2006-2007 allocation of Community Development
Block Grant funds, and execute the grant agreement with the United
States Department of Housing and Urban Development.
3. Direct the City Attorney to prepare and authorize the City Manager
and the Clerk of the Council to execute agreements with nonprofit
agencies and/or subrecipients awarded funds as part of the approved
program.
AGMT NO. 2006-092 - With nonprofit agencies and/or sub-recipients
awarded funds as part of the approved program.
MOTION: Christy
SECOND: Alvarez
VOTE:
AYES:
Alvarez, Bustamante, Bist, Christy (4)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Garcia, Pulido, Solorio (3)
Council member Garcia arrived at the meeting at 6:27 p.m.
Agenda Item 20.A. taken out or order
APPROPRIATION ADJUSTMENTS
1. Approve an appropriation adjustment. (Requires 5 affirmative votes)
CITY COUNCIL MINUTES
13
APRIL 17, 2006
ACO
PRODl!CIL(~
Aon Risk services ,Inc. of Washington, D.C./ Hunt
1120 20th Street NW
Washington DC 20036 USA
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 TIlE POLICIES BELOW.
PIIONE. 866 283-7122
FAX- 847 953-5390
INSURERS AFFORDING COVERAGE
NAIC#
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orange County
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INSURER A; Westchester Surplus Lines Ins CO
INSURER B;
INSURER c:
INSURER D:
INSURER E:
TIlE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICA TED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY
PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.
AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR D'I
LTR INS
TYPE OF INSURANCE
POUCY NUMBER
POLlCY EFFECT
DATE(MM\DD\yy)
03/15/07
POLICY EXPIRATION
DATE(MM\DD\YY)
03/15/08
LIMITS
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WORKERS COMPENSATION AND
EMPLOYERS'LIABILlTY
ANY PROPRIETOR I PARTNER I EXEClmVE
OFFICERlMEMBER EXCLUDED?
If yes, describe under SPECIAL PROVISIONS
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DESCRIPTION OF OPERATIONSJLOCATIONSNEHICLESlEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
City of Santa Ana is included as Additional Insured with respect to the General Liability policy. See Attached
Additional Insured Endorsement.
City of Santa Ana
Attn: Frank Hernandez
20 Civic Center Dr.
Community Development Agency
Santa Ana CA 92702 USA
SHOULD ANY OF TIlE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE TIIEREOF, TIlE ISSUING INSURER WILL ENDEAVOR TO MAIL
30 DAYS WRITTEN NOTICE TO TIlE CERTIFICATE HOLDER NAMED TO THE LEFT,
BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY
OF ANY KIND UPON THE INSURER. ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
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INSURED
Rebuilding Together Orange
625 S. cypress
Santa Ana CA 92701 USA
County
CG 20 10 11 85
COMMERCIAL GENERAL LIABILITY
ADDITIONAL INSURED
CONTRACTORS (FORM B)
OWNERS, LESSEES OR
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
Name of Person or organization: City of Santa Ana
project:
(If no entry appears above, information required to complete this endorsement will be shown in
the Declarations as applicable to this endorsement.)
WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization
shown in the schedule, but only with respect to the liability arising out of "your work" for
that insured by or for you.
CG 20 10 11 85
Copyright, Insurance services office, Inc., 1984
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ASSIstant City AtLGr-.cy
Certificate No :
570021672930