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HomeMy WebLinkAboutCHURCH OF THE MESSIAH-2006 ;f.jSURI~Nct ON FilE V'vOr\i\ fv1/,Y PROCEED Ui'1ill INSURANCE EXPIRES ,,/-/-07 CLLi!K OF COUNCil (HiT 8 -IS,-OCo A-2005-078-051 REHABILITATION WORK AGREEMENT (For use with COMMUNITY DEVELOPMENT BLOCK GRANT funds) '0.' eJJlf (~) (L,I:::(~~) THIS AGREEMENT, made and entered into this 1st day of July, 2006, by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California ("City") and the Church of the Mes$iah, a California non-profit corporation hereinafter referred to as "Subrecipient". WITNESSETH Recitals: A. Subrecipient and City have executed the "Agreement Between the City of Santa Ana and the Churcho:fdaeMiessia.1;l for Use of Community Development Block Grant Funds", dated Julyl,2006, attached hereto as _B, with all terms incorporated as though fully set forth herein. B. Subrecipient desires to employ a general building Contractor as defined in California Business and Professions Code ~ 7057 to perform certain pre-construction planning and rehabilitation work on property located at 614 N. Bush Street, in the City of Santa Ana, California, known as the Church of the Messiah facility (the "Property"), C. Subrecipient represents that the Contractor hired to perform the rehabilitation work will be qualified, licensed and able to perform such work as desired by Subrecipient. D. Subrecipient is financing all or part of the cost of the work to be performed under this Agreement with proceeds of a grant to Subrecipient from the City. The City is providing the grant funds to Subrecipient with certain funds made available by the United States Department of Housing and Urban Development ("HUD") under the Community Development Block Grant Program (the "CDBG Program") and the regulations issued by HUD set forth in 24 CFR Part 570 (the "CDBG Regulations"). The City Manager is the representative of the City, WHEREFORE, for and in consideration of the respective and mutual covenants and promises hereinafter contained and made, and subject to all the terms and conditions hereof, the parties hereto do hereby agree as follows: I. THE WORK 1. SCOPE OF WORK Subrecipient shall hire a qualified Contractor to provide all supervISIOn, technical personnel, labor, materials, machinery, tools, equipment fixtures and services for the work required for pre-construction and rehabilitation of the Property, in accordance with the attached bid and proposal, general conditions, work write-ups, specifications, and drawings, which documents are incorporated herein by reference as though fully set forth_. All construction related work under this Agreement shall be to accomplish blight reduction, provide modifications to assist the disabled and gain ADA compliance, and/or other health and safety modifications. Subrecipient shall ensure that all work shall be performed in conformance with applicable laws and local requirements whether or not covered by the specifications and drawings for the work. Subrecipient acknowledges that housing assisted with CDBG Program funds constitutes HUD-assisted housing for the purpose of the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. Sections 4821, et seq.) and is, therefore, subject to 24 Code of Federal Regulations Part 35. Accordingly, and pursuant to Section 570.608 of the CDBG Regulations, Subrecipient hereby agrees to and shall be responsible for testing and abatement activities specified in the Lead-Based Paint Poisoning Prevention Act and the regulations set forth at 24 Code of Federal Regulations Part 35 with respect to the rehabilitation of the Property. Subrecipient shall ensure that the hired Contractor shall pay all sales, consumer, use and other similar taxes required by law, and shall procure and pay for all permits and licenses necessary for the execution and completion of the work and labor to be performed hereunder. 2. NOTICE TO PROCEED The work shall begin no later than twenty (20) calendar days from and after Subrecipient gives the Contractor written notice to proceed. Failure by Contractor without lawful excuse to substantially begin work within twenty (20) days of the date of receipt of said written notice to proceed shall postpone the next succeeding payment to the Contractor for that period of time equivalent to the time between when work was to begin and when it did begin. Subrecipient and the City shall give said notice to proceed within forty-five (45) calendar days from and after the date of the signing of this Agreement. If the written notice to proceed is not received by Contractor within said period, Contractor reserves the right to withdraw his bid and proposal. 3. TIME FOR COMPLETION All work shall be satisfactorily completed by June 30, 2007. This contract may be extended at the discretion of the City. 4. CLEANUP Subrecipient shall ensure that the Contractor shall keep the premises clean and orderly during the course of the work and remove all debris at the completion of the work. Materials and equipment that have been removed and replaced as part of the work shall belong to Contractor. 5. 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 V.S.C. sections 276a - 276a-5. Any such construction contract shall include and comply with the required contract provisions and rules set forth in 29 C.F.R. 95.5. Further, the payroll reports 2 (along with the "Statement of Compliance") and basic records are required to be maintained and submitted, or made available, pursuant to 29 C.F.R. ~5.5(a)(3). No payment, advance, grant, loan or guarantee of funds shall be approved by the federal agency unless there is on file with the agency a certification by the contractor that the contractor and its subcontractors have complied with the provisions of 29 C.F.R. ~5.5. . A breach of the contract clauses in 29 C.F.R. ~5.5 may be grounds for termination of the contract, and for debarment as a contractor/subcontractor, as provided in 29 C.F.R. ~5.12. Labor standards interviews/investigations shall be made as necessary to assure compliance [29 C.F.R. ~5,6(a)(3)]. 6. CHARGES AND LIENS Subrecipient shall ensure that the Contractor shall pay when due all valid charges for labor and material incurred by Contractor and used in the rehabilitative construction work pursuant to this Agreement and shall also be responsible for keeping the job free of mechanic's liens recorded by any of the persons enumerated in California Civil Code ~ 3110. If Contractor fails to make any payments required pursuant to this paragraph, or if Contractor fails to keep said real property free of mechanic's liens incurred by or under Contractor or its subcontractors, Subrecipient may settle said claims and Contractor shall notify Subrecipient and the City in writing when a legitimate dispute arises between Contractor and any and all persons enumerated in California Civil Code ~ 3110. In the event of such dispute, Contractor shall record a bond pursuant to in California Civil Code ~ 3143 releasing said real property from liens of any and all persons. If Contractor fails or is unable to obtain said bond, Subrecipient may obtain and record said bond and deduct the costs from any payment due Contractor. 7. CORRECTION AND DEFECTS Contractor shall correct any work that fails to conform to the requirements of this Agreement or any documents pursuant thereto, where said failure to conform appears during the progress of the work. Contractor shall remedy any defects due to faulty materials, equipment or workmanship which appear within a period of one (1) year from the date of substantial completion of the work or within such longer period of time as may be prescribed by law or by the terms of any applicable special guarantee required by this Agreement or any document pursuant thereto. 8. GUARANTEE Contractor guarantees the work performed for a period of one (1) year from the date of final acceptance of all the work required by this Agreement, unless the work required repair or construction of a roof, in which case Contractor guarantees the work for a period of five (5) years. Further, Contractor shall furnish the Subrecipient, all manufacturer's and supplier's written guarantees and warranties covering materials and equipment furnished under this Agreement with a copy forwarded to the City. Contractor guarantees all materials to be as specified and all work to be completed in a professional manner according to standard practice. Unless otherwise specified, all materials shall be new. Contractor shall leave the work in a finished condition as determined by acceptable building standards and to the satisfaction of the City. 3 9. INSPECTIONS Subrecipient and the Contractor shall permit the United States Government and the City or their designee(s) to examine and inspect the rehabilitation work. In addition, City shall have the right to inspect any work performed hereunder to ensure that the work is being and has been performed in accordance with the applicable federal, state and/or local requirements, as well as the terms of this Agreement. Contractor agrees that all work found by such inspections not to conform to the applicable requirements to be corrected, and Subrecipient shall have the right to withhold payment to Contractor until it is so corrected. 10. UTILITIES AND COOPERATION While this Agreement is in full force and effect, Subrecipient shall permit Contractor to use existing utilities such as light, heat, power and water to carry out and complete the work and shall cooperate with Contractor to facilitate the performance of coverings and furniture, if and to the extent necessary. 11. OCCUPATION OF PREMISES The premises are to be OCCUPIED during the course of the construction work. 12. CHANGE ORDERS Any changes or deviations from specifications or terms of this Agreement shall be effective only upon written consent of Subrecipient, Contractor and the City. All change orders will specifically describe the work and/or changes, any price adjustments and time for completion. 13. NOTICE OF COMPLETION SUBRECIPIENT shall execute, acknowledge, and record in the manner provided by law, a notice of completion of work required by this Agreement within fifteen (15) calendar days after final inspection and approval of said rehabilitation work as fully completed by the City. II. GRANT FUNDS 14. AMOUNT OF GRANT FOR REHABILITATION City agrees to grant Subrecipient the total sum of Thirty-Five Thousand Dollars ($35,000.00) for the performance of all of the rehabilitative construction work and other related direct costs required hereunder, payable in accordance with the CDBG Agreement between Subrecipient and the City and the Proposal, attached hereto as Exhibits A and B. Final payment to the Contractor shall be made thirty-five (35) calendar days after final inspection and acceptance of all work to performed by Contractor and Contractor has furnished the City, for Subrecipient's benefit, satisfactory releases of liens or claims for liens by 4 Contractor, subcontractors, laborers, and material suppliers. Progress payments and/or final payment may be withheld on account of defective work not remedied, claims filed, failure of Contractor to make payments properly to subcontractors or for labor, materials, or equipment, damages by another Contractor, or unsatisfactory prosecution of the work by Contractor, as determined by Subrecipient and the City. III. INDEMNIFICATION AND INSURANCE 15. INDEMNIFICATION Subrecipient shall indemnify, defend and save harmless City, its officers, employees, agents, representatives and volunteers from and against any and all damages to or for loss of use of property and for injuries to or death of any person or persons, including property and employees or agents of City, and shall defend, indemnify and save harmless City, its officers, employees, agents, representatives and volunteers from and against any and all claims, demands, suits, actions or proceedings of any kind or nature, including, but not by way of limitation, workers compensation claims and including attorney fees and reasonable expenses for litigation or settlement, resulting from or arising out of the negligent or wrongful acts, errors or omissions of Subrecipient, its officers, directors, employees, agents, subcontractors and suppliers arising out of Subrecipient's performance of this Agreement 16. INSURANCE With respect to performance of work under this Agreement, Subrecipient shall require that its Contractor, and any subcontractors, maintain insurance as described below: (1) Workers' compensation insurance with statutory limits, and employer's liability insurance with limits of not less than $1,000,000 per accident. (2) Commercial general liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall name Subrecipient and the City of Santa Ana as additional insured in a form substantially the same as that of Exhibit B, attached hereto and incorporated herein. Contractor shall (a) furnish properly executed certificates of insurance to Subrecipient and the City prior to commencement of work under this Agreement, which certificates shall clearly evidence all coverage required above and provide that such insurance shall not be materially changed or terminated except on thirty (30) days' prior written notice to Subrecipient and the City; and (b) maintain such insurance from the time work first commences until completion of the work under this Agreement; and ( c) replace such certificates for policies expiring prior to completion of work under this Agreement. 5 IV. GENERAL 17. CONFLICT OF INTEREST No person who is an employee, agent, consultant, officer or elected official or appointed official of the City of Santa Ana, who exercises or has exercised any functions or responsibilities with respect to activities assisted with CDBG funds or who are in a position to participate in a decision-making process or gain inside information with regard to these activities, may obtain a financial interest or benefit from this Agreement, or have an interest in any subcontract or agreement with respect hereto, either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter. 18. UNAVOIDABLE DELAYS AND DEF AUL TS The time of completion of this Agreement shall be extended by the number of calendar days which Contractor is prevented from performing work as a result of: inclement weather, acts of Subrecipient or the City not contemplated by this Agreement, the unavailability of workers or materials due to strikes, accident, acts of God, fire, unusual delays in transportation, unavoidable casualties, causes beyond Contractor's control, or any cause which the City may determine justifies the delay. The Contractor shall not be entitled to an extension in the number of calendar days for completion, unless, within five (5) days from the beginning of such delay he notifies the Subrecipient and the City in writing of the causes of the delay, which causes must be acceptable to the City. 19. ARBITRATION CLAUSE All claims or disputes between the Subrecipient and Contractor arising out of or related to the work shall be decided by arbitration in accordance with the construction industry arbitration rules of the American Arbitration Association, unless the parties mutually agree otherwise. Initial arbitration fees will be paid in equal shares by the Subrecipient and Contractor, unless otherwise agreed to by the parties. Notice of demand for arbitration shall be filed in writing with the other party, and shall be made within a reasonable time after the dispute has arisen. The award rendered by the arbitrator shall be fmal, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. If the arbitrator's award is in a sum which is less than that which is offered in settlement by the Contractor, the arbitrator may award costs and arbitration related attorney's fees in favor of the Contractor. If the award of the arbitrator is in a sum greater than that which was offered in settlement by the Subrecipient, the arbitrator may award costs and arbitration-related attorney's fees in favor of the Subrecipient. 20. TIME OF ESSENCE The timeframes set forth in this Agreement are important and of the essence to this Agreement. 6 21. GENDER AND NUMBER As used herein, the masculine shall include the feminine and masculine and the singular shall include the plural. 22. 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. 7 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date an stated hereinabove. ClTY~::lJ(L DAVID N. REAM City Manager PATRICIA E. HEAL Clerk of the Council APPROVED AS TO FORM: SUBRECIPIENT: I '1 , (,YJ() L- JP-.~. j~ JOSEPH W. FLETCHER City Attorney Name: R"€l'I. Bmafeffi K1tf6litls Title: Reetsf Tax ill: 95-2046280 Name: Title: L}t~ Title: Junior Warden 8 ------ Proposed Church of Messiah Grant Project Description The estimated costs indicated below are not actual quotes from construction contractors, therefore this is a preliminary Scope of Work and the scope of the project may be reduced or increased pending a quote from a responsible contractor. The final scope of work is to be approved by the City prior to construction. The Church of the Messiah's "Project" includes several exterior preservation projects for the historic 1886 church as well as repairs to the 1960's office building addition west of the church. A. The projects for the historic church address neglected maintenance that is currently accelerating the deterioration of the exterior fayade of the church. These deferred maintenance projects are collectively raising concerns for the structural integrity of the church and beginning to negatively impacting the overall aesthetics of the church. The proposed projects for the historic church are described below: 1. Replace original copper fluted gutters that have corroded and no longer convey water to the downspouts. See Photo # 1 below of a sample corroded gutter located on the south side of the church. This project consists of replacing 60 feet of gutter in-kind. The gutter would be custom manufactured by a local metals works shop to replicate the existing size and shape. The preferred material would be copper again to match existing material. There would also be some repairs to the eaves that have deteriorated as a result of the faulty gutters. The estimated cost of this project is $9,700. Photo 1 Exhibit A 2. Replace 100 feet of wood trim that has dry rot and termite damage. See Photo #2 below of sample window trim in need of repair on the east side of the church. The replacement trim would be custom milled from redwood to match existing shape and material. The estimated cost of this project is $4,500. Photo 2 3. Restore 12" horizontal wood trim around the north and east sides of the church located approximately 5 feet above the sidewalk. The trim is between the upper cedar siding and the lower brick foundation. See Photo #3 of trim in need of repair. The restoration will consist of removing the existing paint and replacing sections of the trim that have dry rot and termite damage and then repainting the entire 130 feet of trim to match existing trim color. The estimated cost of this repair is $2,500. Photo 3 Exhibit A 4. Repair leaded glass windows located in the church hall, which is located below the church. There are a total of 6 windows that need complete rebuilding of the lower sash. See Photo #4 below of a lower sash that was removed to obtain estimate of repair. The estimated cost ofre air is $3,500. Photo 4 5. Repair of concrete landing at exterior church exit door next to the office building entry off of Bush Street. The landing is a three to four inch concrete slab that was constructed in the 1911 when the church was raised. The slab has several cracks and the reinforcement steel embedded in the slab is corroding causing extensive deterioration of the concrete slab. The existing slab needs to be partially removed and reconstructed with epoxy coated reinforcement. Estimated cost is $5,000 for removal and replacement. See Photo #5 Photo 5 Exhibit A B. The projects for the adjacent office building built in the 1960's relate to items that if not addressed would threaten potential damage to both buildings. These are related to deferred maintenance items that now require attention. The proposed projects are described below: 1. Replace gutters along the east side of the office building. The current gutters are corroded and are contributing to a frequent flooding of the church hall and learning center located in the basement of the office building. There is about 80 feet of gutter that needs replacement. See Photo #6 below showing a segment of the gutter needing replacement. The new gutters would be standard metal replacements. The estimated cost of this project is $2,000. Phot06 Exhibit A 2. Removal of a structurally cracked chimney that serves a fireplace located in the church hall basement that is no longer used. This chimney was built in the 1960' s with the office building addition and is adjacent to the historic church building. Left in its present condition it becomes a dangerous hazard in the next few years. The chimney is proposed to be removed to the roof level and permanently sealed at the roof and inside the fireplace. See Photo #7 of the chimney and the long vertical crack. The estimated cost of removal is $10,000. Photo 7 Exhibit A 3 . West wall of office building above top window lintels. Because of water leakage prior to the roof repair, the steel lintels above the windows corroded and expanded, cracking the brick masonry fayade. Repairs are needed at all three window lintels. The repair will consist of removing damaged brick masonry, sand blasting or replacing steel lintels, coating the lintels with corrosive inhibiting epoxy, and replacing the brick in-kind. The estimated cost of this repair is $12,000. See photo #8 Photo 8 Exhibit A EXHIBIT B AGREEMENT BETWEEN THE CITY OF SANTA ANA AND CHURCH OF THE MESSIAH 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 1 st day of July, 2006, by and between the City of SllI1!a An~.~....~. ch8!!er city and municipal corporation of the State of California ("CITY") and _; a California nonprofit corporation ("SUBRECIPIENT"), WIINE~~EIH Recitals: A. The CITY, as an entitlement recipient and grantee of the United States Department of Housing and Urban Development ("HUD") Community Development Block Grant ("CDBG") Program, desires to enter this Agreement with the SUB RECIPIENT for the expenditure of CDBG funds in accordance with Title 24, Part 570 of Code of Federal Regulations 24 CFR 570.000, et seq. ("CDBG REGS"); and B. CITY has applied for and received CDBG funds from HUD pursuant to Title I ofthe Housing and Community Development Act of 1974, Public Law 93-383, as amended ("ACT"); and C. The SUB RECIPIENT 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-I, 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 of the CDBG program's National Objectives (24 CFR Part 570.208). D. SUBRECIPIENT agrees that it will adhere to the performance measurements and outcomes. Failure to follow the measurements and meet the stated outcomes may constitute breach of contract that could result in termination of this Agreement or serve as reason for the City to recapture the grant funds awarded to 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 federal assistance, in particular requirements relating to (i) notification (including pamphlet distribution, disclosure to purchasers and lessees, notice of lead hazard presumption or results of evaluation, and/or lead hazard reduction), (ii) lead hazard evaluation (including visual assessment, paint testing, and/or risk assessment), (iii) lead hazard reduction (including paint stabilization, interim controls, standard treatments, or abatement depending on the requirements for housing activity type), (iv) ongoing maintenance, if required, and (v) response to children with environmental intervention blood lead 1 EXHIBIT B treatments, or abatement depending on the requirements for housing activity type), (iv) ongoing maintenance, if required, and (v) response to children with environmental intervention blood lead 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 ofLBP hazards, and control ofLBP 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 banned 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.1 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 SUBRECIPIENT have duly executed this Agreement for the expenditure 2 EXHIBIT B of such funds; and WHEREFORE, it is agreed by and between the parties, that the foregoing Recitals are a substantive part of this Agreement and the following terms and conditions are approved and together with all exhibits and attachments hereto, shall constitute the entire Agreement between the CITY and SUBRECIPIENT: I. SUBRECIPIENT'S OBLIGATIONS A. Non-Profit Status - Representations and Warranties. (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) SUBRECIPIENT 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 ofthe 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. SUBRECIPIENT has full right, power and lawful authority to accept the funding hereunder and to undertake all obligations as provided herein and the execution, performance and delivery of this Agreement by SUBRECIPIENT has been fully authorized by all requisite actions on the part of SUB RECIPIENT. (b) Experience. SUBRECIPIENT is a qualified provider of the services to be provided hereunder. (c) Familiarity With Services Required. By executing this Agreement, SUBRECIPIENT warrants that (i) it has thoroughly investigated and considered the services to be performed and provided hereunder, (ii) it has carefully considered how the services should be performed, and (iii) it fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement, inclusive of compliance with the LBP REGS. Should SUBRECIPIENT discover any latent or unknown conditions materially differing from 3 EXHIBIT B 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. (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. (t) No Pending Legal Proceedings. SUBRECIPIENT is not the subject of a current or threatened litigation that would or may materially affect SUBRECIPIENT'S performance under this Agreement. (g) Application Veracity. All provisions of and information provided in SUBRECIPIENT'S application for funding submitted to CITY including any exhibits are true and correct in all material respects. (h) No Pending Investigation. SUBRECIPIENT is not aware that it is the subject of any current or threatened criminal or civil action investigation by any public agency, including without limitation a police agency or prosecuting authority, that would relate to affect performance of the Agreement or provision of services hereunder. (4) Compliance with Subpart K of LBP Re2:s. 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. 4 EXHffiIT B (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 equivalent. The current form and version ofthe 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 ofLBP 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) SUBRECIPIENT shall ensure that all occupants, owners, and purchasers of housing be notified in writing ofthe 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). SUBRECIPIENT 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) SUBRECIPIENT 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. (I)Section 35.115(a) provides exemptions from Subparts B through R ofthe 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 SUBRECIPIENT'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. 5 EXHIBIT B (iii) SUBRECIPIENT shall comply with the applicable provisions of both Subpart K and Subpart M (Tenant Based Rental Assistance) ofthe 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 require evidence of compliance prior to occupancy. Funding to be provided hereunder is conditioned upon evidence of compliance. (1) 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 SUBRECIPIENT 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 ofthe LBP REGS. (e) Lead Hazard Reduction Work. SUBRECIPIENT 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 SUBRECIPIENT, except as exempted as described in subsection 4(d)(i)(1) above. (1) If paint 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 ofa vacant dwelling unit, or where a unit is occupied, immediately after receipt ofthe 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. (f) One:oine: Maintenance. SUBRECIPIENT shall incorporate ongoing LBP maintenance activities into regular building operations in accordance with Section 35.1355(a) for 6 EXHIBIT B 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 as exempted as described in subsection 4(d)(i)(I) above. (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. SUBRECIPIENT 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)(1) and (c), describing the results of the clearance examination and the results of annual certification. (g) Units Cleared Prior to Date of A!!reement: 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 unit(s). 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 SUBRECIPIENT under this Agreement. Attachment No.4 to this Agreement, attached and hereby fully incorporated by this reference, is such information summary. CITY staffwill 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 $35,000 ("CDBG FUNDS"), and such funds shall be expended by 7 EXHIBIT B 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 SUBRECIPIENT, 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 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. SUBRECIPIENT agrees to use all federal funds provided by CITY to SUBRECIPIENT pursuant to this Agreement to operate said program, as set forth in "Exhibit B- 1 "(to be complete upon obtain a quote for work from a responsible contractor), 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 IT 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-1 ", 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. 8 EXHIBIT B G. Separation of Accounts. All funds received by SUBRECIPIENT from CITY pursuant to this Agreement shall be maintained in an account in a federally insured banking or savings and loan institution with record keeping of such accounts maintained pursuant to applicable OMB Circular A-110 requirements. SUBRECIPIENT is not required to maintain separate depository accounts for CDBG FUNDS; provided however, the SUBRECIPIENT must be able to account for receipt, obligation and expenditure of CDBG FUNDS pursuant to applicable OMB Circular A-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, SUBRECIPIENT 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. SUBRECIPIENT shall keep and maintain complete and adequate records and reports to assist CITY in meeting and maintaining its record keeping responsibilities under the CDBG REGS, 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) ofthe income level of persons and/or families participating in or benefiting by the SUBRECIPIENT program. b. Documentation of the number of persons and/or families participating in or benefiting by the SUBRECIPIENT program. c. Household information shall include number of persons, identification of head of household, race/ethnicity, and income verification. d. Documentation of all CDBG FUNDS received from CITY. e. Documentation of expenses as identified in the Budget Proposal, including evidence of incurring the expense, invoices for goods or services, copies of any and all contracts or documentation pertaining to costs for subcontractors, plus all other invoices for which CDBG FUNDS were expended, and any payments therefor. f. Any such other related records as CITY shall reasonably require or as required to be maintained pursuant to the CDBG REGS. 9 EXHIBIT B 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 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 oflead hazard(s), including paint testing and risk assessment; (iii) reduction of lead 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 staffto 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 10 EXHlBITB 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 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 SUBRECIPIENT 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 ofthe 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). 11 EXHIBIT B (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. 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 SUBRECIPIENT 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 SUBRECIPIENT. 1. Access to Records. CITY and the United State Government and/or their representatives shall have access for purposes of monitoring, auditing, and examining SUBRECIPIENT's activities and performance, to books, documents and papers, and the right to examine records of 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,ereports, 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 12 EXHIBIT B 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, 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. SUBRECIPIENT agrees to comply fully with all federal, state and local laws and court orders applicable to its operation whether or not referred to in this Agreement. M. Standing. SUBRECIPIENT shall be in good standing, without suspension by the California Secretary of State, Franchise Tax Board and Internal Revenue Service. Any change in the corporate status or suspension of SUB RECIPIENT shall be reported immediately to CITY. N. Confidentiality. Without prejudice to any other provisions of this Agreement, SUBRECIPIENT shall, where applicable, maintain the confidential nature of information provided to it concerning participants in accordance with the requirements of federal and state law. However, SUBRECIPIENT shall submit to CITY and or HUD or its representatives, all records requested, including audit, examinations, monitoring and verifications of reports submitted by SUBRECIPIENT, costs incurred and services rendered hereunder. 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 13 EXHIBIT B 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. R. Prohibited Use. SUBRECIPIENT hereby certifies and agrees that it will not use funds provided through this Agreement to pay for entertainment, meals or gifts. S. Lobbving. SUBRECIPIENT certifies that it will comply with federal law (31 U.S.c. 1352) and regulations found at 24 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-l," attached hereto and by this reference incorporated herein. SUBRECIPIENT shall submit said signed certification to CITY prior to performing any of its obligations under this Agreement and prior to any obligation arising on the part of CITY to pay any sums to SUBRECIPIENT under the terms and conditions of this Agreement. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit a "Disclosure Form to Report Lobbying," in accordance with its instructions (see C-l). T. Financial futerest. 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 SUBRECIPIENT, either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter. This prohibition applies to any person who is an employee, agent, consultant, officer, or elected or appointed official of CITY, or of any designated public agencies, or the SUBRECIPIENT. 14 EXHffilT B U. Davis-Bacon Act. All laborers and mechanics employed by contractors or subcontractors in the performance of construction work, including alterations and repairs, in excess of $2,000.00, financed in whole or in part with federal funds shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined in accordance with the Davis-Bacon Act, as amended, 40 U.S.c. sections 276a - 276a-5. Any such construction contract shall include and comply with the required contract provisions and rules set forth in 29 C.F.R. 95.5. Further, the payroll reports (along with the "Statement of Compliance") and basic records are required to be maintained and submitted, or made available, pursuant to 29 C.F.R. 95.5(a)(3). No payment, advance, grant, loan or guarantee of funds shall be approved by the federal agency unless there is on file with the agency a certification by the contractor that the contractor and its subcontractors have complied with the provisions of 29 C.F.R. 95.5. . A breach of the contract clauses in 29 C.F.R. 95.5 may be grounds for termination of the contract, and for debarment as a contractor/subcontractor, as provided in 29 C.F.R. 95.12. Labor standards interviews/investigations shall be made as necessary to assure compliance [29 C.F.R. 95.6(a)(3)]. V. Drug Free Workplace. SUBRECIPIENT certifies that it has established the following drug-free workplace policy: 1. The unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the workplace for any employee involved in a federally funded program. 2. As an employee working in conjunction with a federally funded program, the employees of SUBRECIPIENT will be required to: a) Abide by the terms above in statement 1. b) Notify appropriate officials of SUBRECIPIENT and CITY officials of any criminal drug statute conviction for a violation occurring in the workplace not later than five days after such conviction. 3. The United State Department of Housing and Urban Development will be notified within ten days after receiving notice of any such violation. 4. Within 30 days 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 15 EXHIBIT B 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 CDBG program year amounts expended by SUBRECIPIENT in carrying out said program for the program year pursuant to this Agreement up to a maximum aggregate payment of Thirty-Five Thousand Dollars ($35.000) 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. B. Audit of Account. CITY shall include an audit of the account maintained by SUBRECIPIENT in CITY's annual audit of all CDBG FUNDS in accordance with Title 24 of the Code of Federal Regulations and other applicable federal laws and regulations. C. Common Rule: Pursuant to CFR 85.40(a), the CITY manages the day-to-day operations of each grant and sub grant supported activities. CITY staff has detailed knowledge of the grant program requirements and monitors grants and subgrant 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 SUBRECIPIENT 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-1107, SUBRECIPIENT agrees that no officer, employee, agent or assignee of CITY having direct or indirect control of any CDBG monies granted to the CITY, inclusive of 16 EXHIBIT B the subject CDBG FUNDS, shall serve as an officer of SUBRECIPIENT. Further, any conflict or potential conflict of interest of any officer of SUBRECIPIENT shall be fully disclosed in writing prior to the execution of this Agreement and said writing shall be attached and deemed fully incorporated as a part hereof. Notice shall be sent by SUBRECIPIENT to CITY regarding any changes or modifications to its 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 570.2000): 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. SUBRECIPlENT shall not discriminate against any person applying for the services SUBRECIPlENT agrees to provide under the terms of this Agreement on the basis of religion and shall not limit such services or give preference to applicants for such services on the basis of religion. C. SUBRECIPlENT shall NOT provide religious instruction or counseling, conduct any religious worship or services, or engage in any religious proselytizing, or exert any religious influence in the provision of the services in said program. The parties agree that this covenant is intended to and shall be construed for the limited purpose of assuring compliance with respect to the use of CITY funds by 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 SUBRECIPIENT agrees not to hire or permit the hiring of any person to fill a position ftmded through this Agreement if a member of that person's immediate family is employed in an administrative capacity by SUBRECIPlENT. For the purposes of this section, the term "immediate family" means spouse, child, mother, father, brother, sister, brother-in-law, sister-in-law, father-in- law, mother-in-law, son-in-law, daughter-in-law, aunt, uncle, niece, nephew, stepparent and 17 EXHIBIT B 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 Rev. Bradford Karelius The Episcopal Church of the Messiah 614 N. Bush St. Santa Ana, CA 92701 TO SUBRECIPIENT: VIII. ASSIGNABILITY None of the duties of, or work to be performed by, SUBRECIPIENT under this Agreement shall be subcontracted or assigned to any agency, consultant, or person without the prior written consent of CITY. SUBRECIPIENT must submit all subcontracts and other agreements that relate to this Agreement to CITY. No subcontract or assignment shall terminate or alter the legal obligations of SUBRECIPIENT pursuant to this Agreement. IX. HOLD HARMLESS SUBRECIPIENT shall indemnify 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 18 EXHIBIT B 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. IfSUBRECIPIENT 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 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. 19 EXIllBIT B C. Subject to the obligations set forth herein, title to equipment acquired under the terms of this Agreement will vest upon acquisition in SUBRECIPIENT. When said equipment which has been acquired in accordance with this Agreement and all applicable regulations is no longer needed for said program, disposition of said equipment will be made as follows: 1. Items of equipment with a current per unit fair market value of less than $5,000.00 may be retained, sold or otherwise disposed of with no further obligation to CITY. 2. Items of equipment with a current fair market per unit value of $5,000.00 or more may be retained or sold and CITY shall have the right to an amount calculated by multiplying the current market value or proceeds from the sale by CITY's share of federal funds used to acquire the equipment, in accordance with 24 CFR 85.32(e)(2). D. SUBRECIPIENT hereby agrees, upon the demand of CITY, to execute, acknowledge and deliver, or cause any person or entity who may have any claim to rights hereunder or under any document, instrument or agreement executed in furtherance of the services and activities to be performed hereunder, to execute, acknowledge and deliver, to CITY assignment(s), quit claim deed(s) or such other and further instruments, documents and agreements as may be necessary, in the sole and absolute discretion of CITY, to vest in CITY all of SUBRECIPIENT's right, title and interest (if any it may have) in and to CITY, CDBG or other federal, state and/or local accounts or program funds or allocation of funds to which CITY is or may be entitled, either for its own account or as fiduciary or trustee for others, which were obtained for the purpose of the performance of this Agreement or any previous agreements relating to the same subject matter or activities as this Agreement, together with any instruments, loans, grants or advances by SUBRECIPIENT on behalf of CITY, in furtherance of the activities hereunder or thereof. SUBRECIPIENT's obligations and responsibilities set forth in this paragraph "XI. REVERSION OF ASSETS." and in paragraph "XII. TERMINATION" and other requirements pertaining to program income shall not be affected by the termination of this Agreement and shall survive the date of termination of this Agreement for such period of time as CITY and/or HUD deems necessary for the responsibilities, duties and obligations to be performed and completed to the satisfaction of CITY and HUD. XII. TERMINATION A. This Agreement may be terminated on thirty (30) days' written notice by either party. In the event of such termination, SUBRECIPIENT shall only be entitled to reimbursement for approved expenses incurred to the effective date 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, SUBRECIPIENT shall only be entitled to reimbursement for approved expenses incurred up to the effective date of 20 EXHIBIT B 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 oftermination, and except for reimbursement of (1) any payments made for services not subsequently performed in a timely and satisfactory manner, and (2) costs incurred by CITY in obtaining substitute performance. D. The grant of funds under this Agreement may be terminated for convenience in accordance with 24 CFR 85.44. E. The grant of funds under this Agreement may be terminated due to the non- performance of SUBRECIPIENT and/or failure of SUBRECIPENT to perform the work described in Exhibits A-I and B-1 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 Xll.E., inclusive, SUBRECIPIENT agrees to immediately return to CITY upon CITY's demand and prior to any adjudication of SUBRECIPIENT's rights, any and all funds not used, and to comply with paragraph "XI. REVERSION OF ASSETS" of this Agreement. XIII. LIMITATION OF FUNDS The United States of America, through HUD, may in the future place programmatic or fiscal limitations on the use of CDBG funds which limitations are not presently anticipated. Accordingly, CITY reserves the right to revise this Agreement in order to take account of actions affecting HUD program funding. In the event of funding reduction, CITY may, in its sole and absolute discretion, reduce the budget of this Agreement as a whole or as to costs category, may limit the rate of SUBRECIPIENT's authority to commit and spend funds, or may restrict SUBRECIPIENT's use of both its uncommitted and its unspent funds. Where HUD has directed or requested CITY to implement a reduction in funding, in whole or as to a cost category, with respect to funding for this Agreement, CITY's City Manager or delegate is authorized to act for CITY in implementing and effecting such a reduction and in revising, modifying, or amending the Agreement for such purposes. If such a reduction in funding occurs, SUBRECIPIENT shall be permitted to de-scope accordingly. Where CITY has reasonable grounds to question SUBRECIPIENT's fiscal accountability, financial soundness, or compliance with this Agreement, CITY may suspend the 21 EXHmIT B operation of this Agreement for up to sixty (60) days upon five (5) days written notice to SUBRECIPIENT of its intention to so act, pending an audit or other resolution of such questions. In no event, however, shall any revisions made by CITY affect expenditures and legally binding commitments made by SUBRECIPIENT before it received notice of such revision, provided that such amounts have been committed in good faith and are otherwise allowable and that such commitments are consistent with HUD cash withdrawal guidelines. XIV. EXCLUSIVITY AND AMENDMENT OF AGREEMENT This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the use of CITY's CDBG funds by SUBRECIPIENT and contains all the covenants and agreements between the parties with respect to such employment in any manner whatsoever. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement or amendment hereto shall be effective unless executed in writing and signed by both CITY and SUBRECIPIENT. XV. LAWS GOVERNING THIS AGREEMENT This Agreement shall be governed by and construed in accordance with the laws of the State of California, and all applicable federal laws and regulations. XVI. VALIDITY The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. 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 22 EXHIBIT B 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. 23 EXHIBIT B IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the last date and year written below. ATTEST: ~~ PATRICIA E. HEAL Clerk of the Council APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney /Ah- .. L-~'~. By: LISA E. STORCK Assistant City Attorney DATE: aTYO~ { Zl~- DAVID N. REAM City Manager SUBRECIPIENT: Name: Rey. BFadf0Fa Karelitls Title: Rester Tax ID: 95-2046280 Name: Title: Nam~~ Title: Junior Warden 24 -- 2004-2005 CITY OF SANA ANA COMMUNITY DEVELOPMENT BLOCK GRANT Scope of Work Episcopal Church of the Messiah-Historic Restoration. The building located at 614 N. Bush St., Santa Ana, CA 92701 will undertake historic restoration. The project will involve restoring some deteriorated section of the exterior as well as the interior of the building, repairing some leakage issues and also removing or repairing areas that may pose a physical hazard in the future. Please refer to the Rehabilitation Work Agreement to find specific projects that will be undertaken. EXHIBIT A-I CITY OF SANTA ANA COMMUNITY DEVELOPMENT BLOCK GRANT FINAL PROGRAM BUDGET Organization Name: Program Name: Program Year: CATEGORY SANTA ANA CDBG OTHER TOTAL PROGRAM GRANT RESOURCES BUDGET Administrative Staff $ $ $ Salaries & Benefits Program Staff Salaries & Benefits Office Supplies Rent/Lease Communications Utilities Contractual/Professional Services (Please Specify) Insurance Other (Please Specify) TOTAL $ $ $ EXPENDITURES OTHER PROGRAM RESOURCES FUNDING SOURCE AMOUNT $ TOTAL $ EXHIBIT B-1 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. C:J..u.ecK O~ ~t ~~S.\A-M Grantee/Contactor Organization :fu,.s\ ld.~hlj 'K~\\~\ \ytri.t\OV\ Program Title 'P\U.l~l'\ r.~1 Name of Certifying Officer Signature '1 J Dt,. Date EXHIBIT C Page 1 of2 SUBRECIPIENT warrants the following: 1. SUBRECIPIENT will comply with Public Law 88-352, Title VI of the Civil Rights Act of 1964 (42 U. S. C. section 2000 et seq.) and implementing regulation in 24 CFR Part 1. 2. No person in the United States shall on the ground 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 think 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. . VVipe 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 t 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- t 978 housing. Federal law requires that individuals receive certain information before renting, buying, or renovating pre- t 978 housing: [1AJ ~ , _6i't: .'.... . , ~......... .,:-.. .... ~;...,. ;;;;' 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. SELLERS 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 to days to check for lead. RENOVATORS disturbing more than 2 square feet of painted surfaces have to give you this pamphlet before starting work. Attachment 1 Page 3 of 16 IMPORTANT! Lead From Paint, Dust, and Soil Can Be Dangerous If Not Managed Properly FACT: Lead exposure can harm young children and babies even before they are born. FACT: Even children who seem healthy can have high levels of lead in their bodies. FACT: People can get lead in their bodies by breathing or swallowing lead dust, or by eating soil or paint chips containing lead. FACT: 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. Attachment 1 Page 4 of 16 Lead Gets in the Body in Many Ways Childhood lead poisoning remains a major environmen- tal health problem in the U.S. Even children who appear healthy can have danger- 0us 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: . N. 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. 2 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. Brain or Nerve Damage 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. Reproductive Problems (Adults) Lead affects the body in many ways. Attachment 1 Page 6 of 16 3 Where Lead..8ased Paint Is Found In general, the older your home, the more likely it has lead- based paint. Many homes built before 1978 have lead. based paint. The federal government banned lead-based paint from housing in t 978. 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- els of lead. 4 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 1978), and rlX any hazards you may have. Children's blood lead levels tend to increase rapidly from 6 to t 2 months of age, and tend to peak at t 8 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 t 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. Attachment 1 Page 7 of 16 Identifying Lead Hazards 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 t.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 (j1g/ft2) and higher for floors, including carpeted floors. . 250 pg/ft2 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: 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. . t ,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. Attachment 1 Page 8 of 16 5 Checking Your Home for Lead Just knowing that a home has lead- based paint may not tell you if there is a hazard. 6 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. Attachment 1 Page 9 of 16 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. Attachment 1 Page 10 of 16 .' "" . ~~: ~ J I j ~!ie-_'::3 ~ ) ) \ I ~)<t~~';. 7 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 hazards safely. 8 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 (J1g'ft2) for floors, including carpeted floors; . 250 J1g'ft2 for interior windows sills; and . 400 J1g'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. IAttachment 11 Page of 161 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-LfAD. 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. Attachment 1 Page 12 of 16 9 Other Sources of Lead While paint, dust, and soli are the most common sources of lead, other lead sources also exist. 10 . 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 15 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. . Hobbles 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. Attachment 1 Page 13 of 16 For More Information The National Lead Information Center Call l-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 l-800-426-479l 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 l-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 l-800-424-LEAD. For the hearing impaired, call the Federal Information Relay Service at . -800-877 -8339 to access any of the phone numbers in this brochure. Attachment 1 Page 14 of 16 J 1 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 US. 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 US. 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 US. 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 US. EPA Region 4 61 Forsyth Street. SW Atlanta. GA 30303 (404) 562-8998 Region 5 (Illinois, Indiana. Michigan. Minnesota, Ohio. Wisconsin) Regional Lead Contact US. EPA Region 5 (DT-8J) 77 West Jackson Boulevard Chicago. IL 60604-3666 (312) 886-6003 Region 6 (Arkansas. Louisiana. New Mexico. Oklahoma. Texas) Regional Lead Contact US. EPA Region 6 1445 Ross Avenue, 12th Floor Dallas. 1)( 75202-2733 (214) 665-7577 Region 7 (Iowa. Kansas. Missouri. Nebraska) Regional Lead Contact US. EPA Region 7 (ARlO-RAU) 90 I N. 5th Street Kansas City. KS 661 0 I (913) 551-7020 Region 8 (Colorado. Montana. North Dakota. South Dakota. Utah. \\yoming) Regional Lead Contact US. EPA Region 8 999 18th Street. Suite 500 Denver. CO 80202-2466 (303) 312-6021 Region 9 (Arizona. California. Hawaii. Nevada) Regional Lead Contact US. Region 9 75 Hawthorne Street San Francisco. CA 94105 (415) 947-4164 Region 10 (Alaska. Idaho, Oregon, Washington) Regional Lead Contact US. EPA Region 10 Toxics Section WCM-128 1 200 Sixth Avenue Seattle. WA 98101-1128 (206) 553- 1985 J2 Attachment 1 Page 15 of 16 CPSC Regional Offices Your Regional CPSC Office can provide further information regard- ing regulations and consumer product safety. lastern Regional Center Consumer Product Safety Commission 201 Varick Street. Room 903 New York. NY 10014 (212) 620-4120 Western Regional Center Consumer Product Safety Commission 1301 Clay Street. Suite 610-N Oakland. CA 94612 (51 0) 637-4050 Central Regional Center Consumer Product Safety Commission 230 South Dearborn Street. Room 2944 Chlcago.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) 755-1785 This document is in the public domain. It may be reproduced by an indMdual 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 204 () Attachment 1 Page 16 of 16 EPA747-K-99-001 June 2003 13 Disclosure of Information on Lead-Based Paint and/or Lead-Based Paint Hazards Lead Warning Statement Housing built before 1978 may contain lead-based paint Lead from paint, paint chips, and dust can pose health hazards if not managed properly. Lead exposure is espedally harmful to young children and pregnant women. Before renting pre-1978 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. Agent's Acknowledgment (initial) (e) Agent has informed the lessor of the lessor's obligations under 42 U.s.e. 4852(d) and is aware of hislher 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 Agent Date Agent Date IAttachment 2 - Page 1 of 2 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 injormation on lead-based paint hazards from risk assessments or inspections in the seller's 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 Protect 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) (t) Agent has informed the seller of the seller's obligations under 42 U.s.e. 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. Seller Date Seller Date Date Purchaser Date Purchaser Agent Date Agent Date IAttachment 2 - Page 2 of 2 I 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: 0--------------------------------------------------------______________ 0--------------------------------------------------------______________ 0----------------------------------------------------------____________ 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) : 0-------------------------------------------------------_______________ 0--------------------------------------------------------______________ 0--------------------------------------------------------______________ 0----------------------------------------------------__________________ 0----------------------------------------------------__________________ 0-----------------------------------------------------_________________ 0-----------------------------------------------------_________________ 0-------------------------------------------------------_______________ 0-------------------------------------------------------_______________ 0-------------------------------------------------------_______________ 0--------------------------------------------------____________________ 0----------------------------------------------------__________________ 0------------------------------------------------______________________ 0-------------------------------------------------_____________________ 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:---------------------------------__________________________ i\ttachment3 Pqel~5 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: 0---------------------------------------------------------------------- 0---------------------------------------------------------------------- 0---------------------------------------------------------------------- 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: 0-------------------------------------------------------------------___ 0-------------------------------------------------------_______________ 0-------------------------------------------------------------------___ 0----------------------------------------------------------____________ 0------------------------------------------------______________________ 0--------------------------------------------------____________________ 0-------------------------------------------------_____________________ 0-------------------------------------------------_____________________ 0----------------------------------------------------__________________ 0-----------------------------------------------------_________________ 0----------------------------------------------------__________________ 0------------------------------------------------______________________ Contact person for more information about the risk assessment: Printed name:-----------------------------------------_______________ 0------------------------------------------------______________________ Organization:-----------------------------------_____________________ 0-------------------------------------------------_____________________ Street and city:--------------------------------------_______________ 0-----------------------------------------------_______________________ State: ZIP: Phone number: (____)--------------------------- Attachment 3 Page 2 of5 0----------------------------------------------________________________ Person who prepared this summary notice: Printed name:--------------------------------------------____________ 0-----------------------------------___________________________________ Signature:--------------------------------___________________________ o Date:-----------------------------------------_______________________ 0-----------------------------------------_____________________________ Organization:--------------------------------________________________ 0----------------------------------------------________________________ Street and city:---------------------------------------______________ 0--------------------------------------------__________________________ 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: 0-----------------------------------------------_______________________ 0----------------------------------------------________________________ 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: 0---------------------------------------_______________________________ 0-----------------------------------___________________________________ 0------------------------------------__________________________________ 0-----------------------------------------_____________________________ 0--------------------------------------________________________________ 0-----------------------------------___________________________________ 0---------------------------------------_______________________________ 0----------------------------------------______________________________ 0--------------------------------------________________________________ 0----------------------------------------______________________________ 0-------------------------------------_________________________________ 0------------------------------------__________________________________ 0------------------------------------__________________________________ 0-------------------------------------_________________________________ 0--------------------------------------________________________________ 0------------------------------------__________________________________ 0------------------------------------__________________________________ Contact person for more information about the presumption: Attachment 3 Page 3 of5 Printed name:----------------------------------------------------____ 0----------------------------------------------------------____________ Organization:------------------------------------------______________ 0-------------------------------------------------------_______________ Street and city:-------------------------------------------------____ 0----------------------------------------------------------____________ State: ZIP: Phone number: (____)--------------------------- 0--------------------------------------------------------______________ Person who prepared this notice of presumption: Printed name:----------------------------------------------------____ 0-------------------------------------------------------------_________ Signature:--------------------------------------------------_________ o Date:--------------------------------------------------------________ 0----------------------------------------------------------------______ Organization:-----------------------------------------------_________ 0---------------------------------------------------------_____________ Street and city:-------------------------------------------------____ 0-------------------------------------------------------------_________ State: ZIP: Phone number: (____)--------------------------- 0-----------------------------------------------------------___________ Appendix O--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: 0-----------------------------------------------------_________________ 0--------------------------------------------------____________________ 0-------------------------------------------------------_______________ 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: 0----------------------------------------------________________________ 0-----------------------------------------_____________________________ 0----------------------------------------______________________________ 0-------------------------------------_________________________________ 0------------------------------------------____________________________ 0-----------------------------------------_____________________________ 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: 0------------------------------------------____________________________ Attachment 3 Page 4 of 5 0------------------------------------------------------------------____ 0-----------------------------------------------------------___________ 0-----------------------------------------------------------___________ 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 ~> ~. Q. '" Q.. ....., tD tD Q..", ~'" == = .... .... .... = = rJ'.J= N. ~ ~ tD =- = Q - Q.. .., = ~ l-O= .., == = ~ n = .., = '" a g. ~ ~ tD = c: - Q.. = (JQ ~ rJ'.JO= :a .... n = tD ~ n = ::l. = '" - - ~ "0 tD .,.. ~ =- = ~ == = (JQ ....n- tD << Q.. = = .,.. l""I- rI.l trjO= ~ == n = = Q..n= ~ = '" ~ "0 tD == ~ ~ =- .... == = tD n - Q <<Q.. = rI.l tD ('")t"'" =- Q = "tl - rJ'.Jat::l:l ~ .... "0 ~ rI.l ~ = 2"=.... ~ .... '" == n n tD tD = .... trj ('")< -~ ~tD=t"'" ~~~b:I ....., =~C;"'l:l '" == = n == tD ~ Attachment 5 Page 1 of 1 ACORQ" CERTlFICATIE OF LIABILITY INSURANCE ~ <_> 2934b$ ~~....~_4-- ~. ....-. "'~.II Yf """ IIIIlIIII> ........ santaAna, CA12101.....117 j !,A LMED~fMr-~ , i PERSONAl a.AOV tHJlIR'Y , . ;~~1'ti , rPftOOtJt;rS-cor.P~AOO . ; 1 .. 1 -~_. 1311 4ffl2OQ8 " ..,.".~ H ..AUto · MOWNa:lAUTOS H ~AVTOtI q +AlJT06 ; i ~AUtOS R'.. t..... . . "UI. . . ! ." " , i ca\4l)NDSlNGlE 1.1M1T i S ;!&~ , :-----------.---1-------- ; 800ll Y INJUlllY I S '(l"er__l f I ! s . 8OOtI. y INJURY j (Per acclclei'lll i PfWPERTY~ i.- (Pet IICddent) .~ O.cu.usflW)i! - I I I fACH~ I AGGAEGATe AtlT9 QIlI"Y -.EA~ .s f!AACC . MG. . . $ $ I . OntERTIiM. AUTO OM."- f,;ii ".11L. U... AI Fi" 't J........,_.Uilll~jil1fi. .....II$IIlIiS..fT'........1'ROI!IlllIClM .............-per 11 ~~ ~' ,. .ofSanfaAM Cimeer I'faza ,. _CA_- ...........liRTOO...../ll!llll1ll 1 ~.~._.....11II.iIlII'WW'JOII Mnl."..".............._. ~.~ ~~....,., ...lO'n&~I'*.._.........".DJ i_-.u. ...........UAlIIILi1YOJI'NlY taND *""',.......,.. M/IilJml QIlt ~ mill!lll!.t'fMM! ~ ~.~ --~ C ACORD CORPORATION 1988 ACORD a ( 108) e.J~ ----- -- - ~---- --- - ---------.. POLICY NUMBER: VPPOO11379 COMMERCIAl GENERAL LIABILITY I. TIllS ENDORsEMENT OI-lANOEs THE POUCY. PlEASE READ IT CAReFUU Y. ADDITIONAL IN8U.RED. DESIGNATED PERSON or . 1 ORGANIZATION . ~ . I..... , This endorsement.. .. -. .. . 8. klsuranee..... .. Pf'ovid.' ed under.' the. 101.. ~..: COMMERCIAL GENERAl UASJUTY COVERAeEPMT I. ........ of~or~: r. f ~ r SCHEDULE ~.~""An.t 2OQwi;.e... ,.. SIMlJcna. CA"'1 "OIIIeal.~ ...-' ~ and ~ are naM$d.. edcIitiottaf .........wiIh ~ to tiabiftly and defense of suits arising .fr1>m the operations and uses ptff'fotmedby or on behaff of the named insured. (ft....,."...'.... ~.~.to~tfWs.~wift~ .......~.......to'1his.~ , WHO IS AN IN$URSD ~ II)" ~ tQ indui.1e.. an insured thft~. or .....rtim shGwP.jn .. Sd1edufe. but .omy.wfth respect to tiabiBty aAsmg out otyour opemtit)ne or premises CMIfted by or rented to you. CG 20261185 ~, lnaurance Service OIice. Inc., 1984 -1 ~~/z ~ ACORDr. CERTIFICATE OF LIABILITY INSURANCE nA:=m (800' 2934125 fif$ eaRn IS ISSUED AS A 1'MTl'Eft OF -~TION ONt Y AND C . . S NO JlUGHTS UPON THE ClRTlPfe'ATE HOLDER. THI$ CERTIFICATE DOES NOT AMEND, EX1aIl.l OR ALTeR THe COVeRAGE AFFQRDlEO BY THt POLICIES. OW. ! j ---__________j~~':J!lERS AF~ CO~GE__ ~___~__~___I NAIC (I __ ! INSURER A Church '118 Co of Vermont ! I . - . ---------~------ i !~~---~----------- r INSURER C :f-----..._-- ----..,--.--__._.___W^___.___,_+._".~__.,.~.~______......_,_.__-;--~____._..____,.,~ , lN~O_ _________ ~ I CN6URER E, ~tAcAlO4 - -GRAM ~......... qt...... 1Il0'.. ...~.lhl, VT CJM01 - The l18saiah &....... St Santa Ana. CAt2701-41ti1 l.SSUEO T9. THE.. .1NSUftED.. NAMED AIOI/E.. . ,~ THe POll.. CY PERlOP INDlCAteo. NO'l'WtTHSTANOING .. ~NTWl1'H Rl5sPeCT TO WHICH THIS CERTifiCATe ~y 8E ISSUeO OR .. lBIJiltfEItEfN JS SU8Jl!Cr TO AU. tHe TEAMS. EXCLUSIONS AND CONOITtONs OF SUCH ~.,..~- 1319 41112808 411/2007 lNlUTY tHt '4Jto AU OWNa>AUTOS ~/lVTCS .AlJT06 ~AlJTO$ COMeMD SINGLE LIMIT (Ea acaidenl} $ BOOIL Y INJURY (Per PllfllOO) 800ft Y INJURY (P<Ir~) $ ~RTY I:WMGE (Per 1ICddent) l AUTO ONlY -CAACCKlENT ! $ -~~~;;;.---. .~McT~----------- I AUTO 0Nl. Y: AOO ! . .. EACH ~t ___-+$ I AGGREGATe I : r--------- ! s i ! s ~ I L...JClAiU5MAOi! ! !/~ EL EACH ACCIOl!HT E L DISEASE- EA EMPlO S j El OISEASE . POLICY LIMIT . $ a..,of Santa AM ~\PMc Center Plaza "Ana.CA~- f ! C T SHOULDANTClt' ma~ ~.POL.IClIIIl.C"'" '.8IFOlUlTMll nl"lMl'lOH Otl\TS THElllIlOF."18lSUlftG 1NtIWU!R~ 3R..- f)AY$.WRmEN N01lCe'l'DTHB.~ HOU:lI!iRHAMED'l'D_ LIii"T. BUT ........$IIiALl. IMP08I! 1I000000000TlClNORLWIIUTVClt' AHY I<IND UPOlf _ NlIUIUiIt. ms ~ OR AlJ1'lfCIRGf) ~ATM! ~~~ --~ t:> ACORD CORPORATION 1988 ACORD 2$ ( 108) e.l-, POLICY NUMBER: VPPOO11379 COMMERCIAL GENERAL LIABILITY THIS ENOoRseMENT CHANGES THE POLICY. PLEASE READ IT CAREFUllY. ADDITIONAL INSURED - DESIGNATED PERSON or ORGANIZATION ThJs endorsement modifies insurance provided under the foIfOwjng: COMMERCIAL GENeRAL UABlllTY COVERAGE PART SCHeDULE Name of Person or Organization: City of .Sartfa Ana 20~..~~ S8ntaAna, OA 12701 ttsOffiGeJs, ~lagents, volunteers and representatives are named as 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. (If.AO entry .,....aIrI<W.. ~ required Ie> complete this enctorsement will tMit .... in tM~ asappJkdJle to this~) WHO IS AN INSURED (8actfon11) is ~ to include_ an insured the per$Of1 or ~ shQwnin the Schedule, but.omy with respect to liability arising out of your operations or premises owned by or rented to you. CG 20261185 Copyright, Insurance Service Office, Inc., 1984 ~c/z REQUEST FOR . COUNCIL ACTION ~ ~ . CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: MARCH 7, 2005 Q~~ CITY MANAGER APPROV~~ If..-'~_o 5 1M" As Recommended o As Amended o Ordinance on 1 st Reading o Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For CONTINUED TO !f- ~ -0.5 FILE NUMBER A-2005-078-051 TITLE: PUBLIC HEARING - COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FISCAL YEAR 2005-2006 RECOMMENDED ACTION 1. Approve the proposed fiscal year 2005-2006 Conununity Development Block Grant Program. 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 2005-2006 allocation of Conununity 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. HUMAN RELATIONS COMMISSION RECOMMENDATION Direct staff to transmit the Human Relations Conunission's funding reconunendations for fiscal year 2005-2006 Conununity Development Block Grant Social Services Programs to the City Council. By a vote of 9:0 at its Regular Meeting of February 14, 2005. DISCUSSION Since fiscal year 1974-1975, Santa Ana has received annual Conununity Development Block Grant (CDBG) funds to improve low- and moderate- income neighborhoods, eliminate blight and create a more stable economic base. These funds have been used for a diverse range of programs including . . Public Hearing - CDBG Program FY 05-06 March 7, 2005 Page 2 housing, street improvements, parks and public works improvements, social services, historic preservation and community services. The City's entitlement for fiscal year 2005-2006 will be $7,910,023. No more than 15 percent of this entitlement may be used for social service programs. The proposed CDBG program and budget for fiscal year 2005-2006 reflect the culmination of a process that solicited proposals from outside organizations and City agencies for the use of the annual entitlement. Invitations to apply for funds were distributed to 160 organizations in September 2004. Staff then met with the Human Relations Commission (HRC) in its capacity as the CDBG Citizen Advisory Board to review the applications and conduct three public hearings held on January 18, 20, and 25, 2005 in the City Council Chambers. Following the public hearings, staff met again with the HRC to draft a recommended social service program and budget for City Council consideration. The proposed fiscal year 2005-2006 CDBG program and budget (Exhibit 1) consists of the Commission's recommendations for social service funding and staff's funding recommendations for the remainder of the program, including capital projects, code enforcement and program administration. Exhibit 2 consists of the HRC ranking and funding recommendations for the social service programs. The City Council public hearing will provide another opportunity for public input and the completion of the process necessary to submit our locally approved program to HUD. FISCAL IMPACT Approval of the recommended action will authorize the City Manager to submit the approved program to HUD and to execute a grant agreement, which will result in the City's CDBG letter of credit being augmented by $7,910,023. These funds will be available for the approved program effective July 1, 2005. APPROVED AS TO FUNDS AND ACCOUNTS: patricia C. Whitaker Executive Director Community Development Agency .i~)\\~~~A:> ~~.-: - Francisco Gutierrez Executive Director Finance & Management Services Agency/~ J PCT/NTE/mlr H:\ACTIONS\2005 CC\PH - CDBGProgFY2005-2006 3-7-05.doc CITY OF SANTA ANA . .006 HRC PUBLIC SERVICE GRANT RECOMMENDA BY TAB ORDER TAB APPLICANT NAME SERVICE PROVIDED SERVICE CATEGORY 05-06 AMT. REQ. HRC RECOMM'D GRANT I Academia Comm. Learning Center Education Youth $20,000 0 2 Achievement Institute Education Youth $8,600 0 3 AIDS Services Foundation Medical Adult & Familv $10,000 0 4 Assistance League of Santa Ana Clothina Youth $25,000 17,000 5 Blind Children's Learning Center counselinn Youth $25,000 18,000 6 Bowers Museum Education Youth $10,000 0 7 Boys & Girls Club of Santa Ana Recreation Youth $45,000 29,000 California Elwyn l::mplymnt. Adult & Familv $17,700 0 8 Asst. 9 Cambodian Family Education Youth $45,000 18,000 10 Camp Fire USA volunteer Youth $15,000 6,000 CARE. Counseling . Domestic Adult & Familv $15,000 0 II Violence 12 Career Beginnings of O.C. Education Youth $20,000 14,000 13 Casa de Salud Family Health Clinic Nutrition Adult & Familv $75,000 15,000 14 Centro Cultural de Mexico Education Youth $22,500 0 15 Colette's Children's Home Shelter Housina/Shelter $23,800 0 16 Community Service Programs(CSP) Shelter Youth $25,000 0 17 Council on Aging - Linkages Medical Senior Citizens $15,000 6,000 Dayle Mcintosh Center Emplymnt. Adult & Familv $15,707 14,000 18 Asst. 19 Delhi Center Recreation Senior Citizens $20,423 0 20 Betty Shabazz Delta Academy Education Youth $6,500 0 21 Families Together of Orange County Education Adult & Familv $20,000 9,000 22 Feedback Foundation Nutrition Senior Citizens $60,000 31,000 23 Hope Community Services, Inc. counselina Youth $48,990 7,000 24 Hotline of Southern California counselina Adult & Familv $5,000 5,000 Human Options Domestic 18,000 25 Violence Youth $20,000 26 Paul McNeff Kidsingers Recreation Youth $20,000 9,000 27 Latino Psychological & Soc. Srvcs_ counselina Youth $72,950 0 28 Latino Youth Leadership Institute counselina Youth $48,400 10,000 29 Legal Aid Society of Orange County Leaal Adult & Familv $7,500 6,000 30 Lighthouse Learning Center Education Adult & Familv $20,000 16,000 31 Mariposa Women's Center counselina Adult & Familv $10,000 7,000 32 MOMS prenatal Adult & Familv $71,947 0 33 Mercy House Transitional Living Ctr - Joseph & Regina Shelter Housina/Shelter $60,000 16,000 34 Mexican American Opportunity Fndtn. Recreation Youth $20,714 10,000 35 National Council on Alcoholism & Drug (Drug Court) counselina Adult & Familv $22,158 15,000 36 National Heritage Recreation Youth $25,000 0 37 Orange Coast Interfaith Shelter Shelter Housina/Shelter $25,000 0 Exhibit 1 1 . CITY OF SANTA ANA . 006 HRC PUBLIC SERVICE GRANT RECOMMENDA BY TAB ORDER TAB APPLICANT NAME SERVICE PROVIDED SERVICE CATEGORY 05-06 AMT. REQ. HRC RECOMM'D GRANT 38 Orange County Bar Foundation-Shortstop counselina Adult & Familv $20,000 13,000 39 Orange County Bar Foundation-Addiction counselina Adult & Familv $10,000 11,000 40 Orange County Children's Therapeutic Arts Center Recreation Youth $25,000 12,000 41 Orange County Council, BSA (Learning for Life) counselina Youth $50,000 0 42 Orange County Crazies Recreation Youth $25,000 6,000 43 Orange County on Track counsellnn Youth $20,000 0 44 Orange County Teen Challenge Education Youth $9,500 9,000 45 Orange County Youth & Family Services counselina Youth $60,338 0 46 Orange County Youth Commission Recreation Youth $14,500 7,000 47 Phoenix House Orange County, Inc. Recreation Youth $13,803 9,000 48 PRCSA - McFadden Learning & Tech. Ctr. Education Youth $141,102 90,000 49 PRCSA - Project Pride Education Youth $215,434 198,000 50 Relampago del Cielo Recreation Youth $8,000 0 51 Saint Joseph Ballet Recreation Youth $50,000 41,000 52 Santa Ana Education Foundation Education Youth $25,000 0 53 Santa Ana Friends for the Animals Soav/Neuter Animal $9,500 0 Santa Ana Police Dept - Helicopter Program Cnme 154,000 54 Prevention Adult & Familv $406,245 55 Share Our Selves Medical Adult & Familv $35,000 10,000 56 S. CA College of Optometry Medical Adult & Familv $53,100 15,000 57 Southwest Minority Economic Development Association Homelessness Adult & Familv $12,000 10,000 Taller San Jose Tmplymnt. Adult & Familv $55,150 34,000 58 Asst. 59 Think Together Education Youth $10,000 5,000 60 Thomas House Temporary Shelter Shelter Housina/Shelter $30,000 15,000 61 TKO Boxing Club Recreation Youth $15,000 13,000 62 Vietnamese Community of Orange County counselina Youth $67,091 15,000 63 Volunteer Center of Orange County volunteer Senior Citizens $10,000 0 64 Williamson Institute Shelter Housina/Shelter $35,000 14,000 65 WISE Place Shelter Housina/Shelter $13,500 12,000 Women Helping Women Emplymnt. Adult & Familv $10,000 5,000 66 Asst. 67 Women's Transitional Living Center (WTLC) Shelter Housina/Shelter $40,189 6,000 68 YMCA Orange County counselina Adult & Familv $10,000 0 $2,517,341 $1,000,000 Exhibit 1 2 PROPOSE.5-06 COMMUNITY DEVELOPMENT .K GRANT NONS IAL SERVICE PROGRAM FUNDING RE ESTS 2004-05 2005-06 2005-06 STAFF TAB APPROPRIATION REQUEST RECOMMENDATION Administration & Planning 69 Administration $ 835,000 $ 785,000 $ 785,000 70 Fair Housing Council of Orange County 68,990 69,984 69,985 71 General Planning 100,000 235,000 235,000 Total Administration & Planning $ 1,003,990 $ 1,089,984 $ 1,089,985 Obligations 72 Section 108 Loan Repayment -- Police Holding Facility 1,902,680 1,892,815 1,892,815 Total Obligations $ 1,902,680 $ 1,892,815 $ 1,892,815 Capital Improvements 73 Fire Equipment $ 1,368,200 $ 777,000 $ 777,000 Parks and Recreation -- 74 Delhi Park Improvements 300,000 435,000 435,000 Public Works -- 75 Delhi Neighborhood Street Improvements 400,000 535,000 535,000 Total Capital Improvements $ 2,068,200 $ 1,747,000 $ 1,747,000 Code Enforcement 76 Code Enforcement $ 1,995,260 $ 1,795,260 $ 1,795,260 Total Code Enforcement $ 1,995,260 $ 1,795,260 $ 1,795,260 Historic Preservation 77 Episcopal Church of the Messiah $ $ 35,000 $ 35,000 Total Historic Preservation $ $ 35,000 $ 35,000 Housing Rehabilitation 78 Rebuilding Together O.C. $ 15,000 $ 26,000 $ 26,000 79 Multi-Family Rehab Loans 123,470 323,963 323,963 Total Housing Rehabilitation $ 138,470 $ 349,963 $ 349,963 Total Nonsocial Services Request $ 6,910,022 TOTAL NONSOCIAL SERVICE RECOMMENDED FUNDING $ 6,910,023 Social Service Requests $ 1,000,000 TOTAL 05/06 COBG GRANT $ 7,910,023 Exhibit 1 3 . CITY OF SANTA ANA . 06 HRC PUBLIC SERVICE GRANT RECOMMENDA BY RATING ORDER TAB APPLICANT NAME SERVICE PROVIDED SERVICE CATEGORY HRC AVE. RATE 05-06 AMT. REQ. HRC RECOMM'D GRANT 40 Orange County Children's Therapeutic Arts Recreation Youth 8.6 $25,000 12,000 Iront';r 24 Hotline of Southern California counselina Adult & Familv 8.6 $5,000 5,000 38 Orange County Bar Foundation-Shortstop counselina Adult & Familv 8.4 $20,000 13,000 39 Orange County Bar Foundation-Addiction counselina Adult & Familv 8.4 $10,000 11,000 60 Thomas House Temporary Shelter Shelter Housina/Shelter 8.4 $30,000 15,000 30 Lighthouse Learning Center Education Adult & Familv 8.4 $20,000 16,000 48 PRCSA - McFadden learning & Tech_ Ctr_ Education Youth 8.3 $141,102 90,000 58 Taller San Jose l:mplymn!. Adult & Familv 8.3 $55,150 34,000 Ass!. 9 Cambodian Family Education Youth 8.1 $45,000 18,000 I Academia Comm. learning Center Education Youth 8.0 $20,000 0 7 Boys & Girls Club of Santa Ana Recreation Youth 8.0 $45,000 29,000 29 legal Aid Society of Orange County leaal Adult & Familv 8.0 $7,500 6,000 44 Orange County Teen Challenge Education Youth 8.0 $9,500 9,000 49 PRCSA - Project Pride Education Youth 8.0 $215,434 198,000 51 Saint Joseph Ballet Recreation Youth 8.0 $50,000 41,000 61 TKO Boxing Club Recreation Youth 8.0 $15,000 13,000 65 WISE Place Shelter Housina/Shelter 8.0 $13,500 12,000 18 Dayle Mcintosh Center Emplymn!. Adult & Familv 7.9 $15,707 14,000 Ass!. 31 Mariposa Women's Center counselina Adult & Familv 7.9 $10,000 7,000 47 Phoenix House Orange County. Inc_ Recreation Youth 7.9 $13,803 9,000 4 Assistance league of Santa Ana Clothina Youth 7.9 $25,000 17,000 13 Casa de Salud Family Health Clinic Nutrition Adult & Familv 7.8 $75,000 15,000 Human Options Domestic $20,000 18,000 25 Violence Youth 7.7 34 Mexican American Opportunity Fndtn. Recreation Youth 7.7 $20,714 10,000 . 62 Vietnamese Community of Orange County counselina Youth 7.6 $67,091 15,000 12 Career Beginnings of O.C. Education Youth 7.6 $20,000 14,000 20 Betty Shabazz Delta Academy Education Youth 7.6 $6,500 0 28 latino Youth leadership Institute counselino Youth 7.6 $48,400 10,000 22 Feedback Foundation Nutrition Senior Citizens 7.5 $60,000 31,000 55 Share Our Selves Medical Adult & Familv 7.5 $35,000 10,000 56 S. CA College of Optometry Medical Adult & Familv 7.4 $53,100 15,000 21 Families Together of Orange County Education Adult & Familv 7.4 $20,000 9,000 57 Southwest Minority Economic Development Homelessness Adult & Familv 7.3 $12,000 10,000 A<:<:nri"tinn 2 Achievement Institute Education Youth 7.1 $8,600 0 42 Orange County Crazies Recreation Youth 7.1 $25,000 6,000 35 National Council on Alcoholism & Drug (Drug counselina Adult & Familv 7.1 $22,158 15,000 Ir~nllrl\ 17 Council on Aging - Linkages Medical Senior Citizens 7.0 $15,000 6,000 Exhibit 2 1 . CITY OF SANTA ANA . .006 HRC PUBLIC SERVICE GRANT RECOMMENDA BY RATING ORDER TAB APPLICANT NAME SERVICE PROVIDED SERVICE CATEGORY HRC AVE. RATE 05-06 AMT. REQ. HRC RECOMM'D GRANT 26 Paul McNeff Kidsingers Recreation Youth 7.0 $20,000 9,000 46 Orange County Youth Commission Recreation Youth 7.0 $14,500 7,000 64 Williamson Institute Shelter Housina/Shelter 7.0 $35,000 14,000 5 Blind Children's Learning Center counselina Youth 6.9 $25,000 18,000 50 Relampago del Cielo Recreation Youth 6.9 $8,000 0 23 Hope Community Services, Inc. counselina Youth 6.9 $48,990 7,000 59 Think Together Education Youth 6.8 $10,000 5,000 67 Women's Transitional Living Center (WTLC) Shelter Housina/Shelter 6.8 $40,189 6,000 66 Women Helping Women I:.mplymnt. Adult & Family 6.6 $10,000 5,000 Asst. 10 Camp Fire USA volunteer Youth 6.6 $15,000 6,000 33 Mercy House Transitional Living Ctr - Joseph & Shelter Housina/Shelter 6.6 $60,000 16,000 RFlnin'" 53 Santa Ana Friends for the Animals Soav/Neuter Animal 6.5 $9,500 0 6 Bowers Museum Education Youth 6.4 $10,000 0 16 Community Service Programs(CSP) Shelter Youth 6.4 $25,000 0 36 National Heritage Recreation Youth 6.4 $25,000 0 45 Orange County Youth & Family Services counselina Youth 6.4 $60,338 0 54 Santa Ana Police Dept - Helicopter Program Crime Adult & Family 6.4 $406,245 154,000 Prevention 32 MOMS prenatal Adult & Familv 6.1 $71,947 0 II CAR.E. Counseling Domestic Adult & Family 6.0 $15,000 0 Violence 52 Santa Ana Education Foundation Education Youth 6.0 $25,000 0 68 YMCA Orange County counselina Adult & Family 6.0 $10,000 0 41 Orange County Council, BSA (Learning for Life) counselinq Youth 5.9 $50,000 0 27 Latino Psychological & Soc. Srvcs. counselina Youth 5.8 $72,950 0 15 Colette's Children's Home Shelter Housinq/Shelter 5.3 $23,800 0 43 Orange County on Track counselinq Youth 5.1 $20,000 0 19 Delhi Center Recreation Senior Citizens 2.1 $20,423 0 63 Volunteer Center of Orange County volunteer Senior Citizens 1.5 $10,000 0 3 AIDS Services Foundation Medical Adult & Family 0.9 $10,000 0 37 Orange Coast Interfaith Shelter Shelter Housinq/Shelter 0.9 $25,000 0 8 California Elwyn Emplymnt. Adult & Family 0.0 $17,700 0 Asst. 14 Centro Cultural de Mexico Education Youth 0.0 $22,500 0 $2,517,341 $1,000,000 Exhibit 2 2 .' . . BUSINESS CALENDAR NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) REPORTS 65.A. 4TH DISTRICT COURT OF APPEAL STATUS REPORT - City Manager David Ream, City Manager, briefed the Council on the steps taken to ensure that the 4th District Court of Appeal remains in the City of Santa Ana. PUBLIC HEARINGS 75.A. PUBLIC HEARING - COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FISCAL YEAR 2005-2006 Continued from the March 7, 2005 City Council Meeting by a vote of 7-0 Public hearing held and closed on March 7, 2005 Public hearing regarding the proposed Community Development Block Grant (CDBG) Program and Budget for Fiscal Year 2005-2006 Legal Notice published in the Orange County Register, La Opinion, and Nguoi Viet on February 21,2005 Vivian Clecak representing Human Options; Larry Haynes representing Mercy House Transitional Living Center; Peggy Weatherspoon and Suzie Gulick representing Feedback Foundation; and, Stacey Physioc representing Paul McNeff Singers spoke in support of funding for their respective organizations. Motion: 1. Approve the proposed fiscal year 2005.2006 Community Development Block Grant Program. 1 Academia Comm. Learning Center 2 Achievement Institute 3 AIDS Services Foundation 4 Assistance League of Santa Ana $0 $0 $0 $17,000 $5,000 $0 $5,000 $0 $17,000 CITY COUNCIL MINUTES 12 APRIL 4, 2005 . . PUBLIC HEARINGS 5 Blind Children's Learning Center $18,000 $18,000 6 Bowers Museum $0 $5,000 $5,000 7 Boys & Girls Club of Santa Ana $29,000 $29,000 8 California Elwyn $0 $0 9 Cambodian Family $18,000 $18,000 10 Camp Fire USA $6,000 -$1,000 $5,000 11 C.A.R.E. Counseling $0 $0 12 Career Beginnings of O.C. $14,000 $14,000 13 Casa de Salud Family Health Clinic $15,000 -$2,000 $13,000 14 Centro Cultural de Mexico $0 $10,000 $10,000 15 Colette's Children's Home $0 $0 16 Community Service Programs (CSP) $0 $0 17 Council on Aging - Linkages $6,000 $6,000 18 Dayle Mcintosh Center $14,000 $14,000 19 Delhi Center $0 $5,000 $5,000 20 Betty Shabazz Delta Academy $0 $0 21 Families Together of Orange County $9,000 -$4,000 $5,000 22 Feedback Foundation $31,000 $14,000 $45,000 23 Hope Community Services, Inc. $7,000 -$7,000 $0 24 Hotline of Southern California $5,000 $5,000 25 Human Options $18,000 $2,000 $20,000 26 Paul McNeff Kidsingers $9,000 $1,000 $10,000 27 Latino Psychological & Soc. Srvcs. $0 $0 28 Latino Youth Leadership Institute $10,000 $10,000 29 Legal Aid Society of Orange County $6,000 $6,000 30 Lighthouse Learning Center $16,000 $16,000 31 Mariposa Women's Center $7,000 -$1 ,000 $6,000 32 MOMS $0 $0 33 Mercy House Transitional Living Ctr - Jose h & Re ina $16,000 $3,000 $19,000 34 Mexican American Opportunity Fndtn. $10,000 -$1,000 $9,000 35 National Council on Alcoholism & Dru Dru Court $15,000 $5,000 $20,000 36 National Heritage $0 $5,000 $5,000 37 Orange Coast Interfaith Shelter $0 $0 CITY COUNCIL MINUTES 13 APRIL 4, 2005 . . PUBLIC HEARINGS 38 Orange County Bar Foundation- Shortsto $13,000 $13,000 39 Orange County Bar Foundation- Addiction $11,000 -$6,000 $5,000 40 Orange County Children's Thera eutic Arts Center $12,000 $12,000 41 Orange County Council, BSA Learnin for Life $0 $0 42 Orange County Crazies $6,000 $4,000 $10,000 43 Orange County on Track $0 $4,000 $4,000 44 Orange County Teen Challenge $9,000 $500 $9,500 45 Orange County Youth & Family Services $0 $0 46 Orange County Youth Commission $7,000 $7,000 47 Phoenix House Orange County, Inc. $9,000 -$9,000 $0 48 PRCSA - McFadden Learning & Tech. Ctr. $90,000 -$9,000 $81,000 49 PRCSA - Project Pride $198,000 $198,000 50 Relampago del Cielo $0 $0 51 Saint Joseph Ballet $41,000 $4,000 $45,000 52 Santa Ana Education Foundation $0 $0 53 Santa Ana Friends for the Animals $0 $0 54 Santa Ana Police Dept - Helicopter Pro ram $154,000 $50,875 $204,875 55 Share Our Selves $10,000 $10,000 56 S. CA College of Optometry $15,000 -$7,500 $7,500 57 Southwest Minority Economic Develo ment Association $10,000 $10,000 58 Taller San Jose $34,000 $34,000 59 Think Together $5,000 $5,000 60 Thomas House Temporary Shelter $15,000 $15,000 61 TKO Boxing Club $13,000 $13,000 62 Vietnamese Community of Orange Count $15,000 $15,000 63 Volunteer Center of Orange County $0 $0 64 Williams Institute $14,000 $6,000 $20,000 65 WISE Place $12,000 $500 $12,500 CITY COUNCIL MINUTES 14 APRIL 4, 2005 . . PUBLIC HEARINGS 66 Women Helping Women 67 Women's Transitional Living Center WTLC 68 YMCA Orange County Total Social Services: $6,000 $0 $1,000,000 -$1,000 $5,000 $0 $76,375 $1,076,375 NON-SOCIAL SERVICE PROGRAMS 69 Administration $785,000 $0 $785,000 70 Fair Housing Council of Orange Count $69,985 $0 $69,985 71 General Planning $235,000 $0 $235,000 Total Administration & Planning: $1,089,985 $1,089,985 Section 108 Loan Repayment -- Police Holdin Facilit Total Obligations: $1,892,815 $1,892,815 $1,892,815 $1,892,815 73 Fire Equipment $777,000 -$76,375 $700,625 74 Parks & Recreation - Delhi Park 1m rovements $435,000 $435,000 75 Public Works - Delhi Neighborhood Street 1m rovements $535,000 $535,000 Total Capital Improvements: $1,747,000 -$76,375 $1,670,625 Code Enforcement Total Code Enforcement: CITY COUNCIL MINUTES 15 APRIL 4, 2005 . . PUBLIC HEARINGS 77 Episcopal Church of the Messiah 78 Rebuilding Together O.C. 79 Multi-Family Rehab Loans Total Housing Rehabilitation: $35,000 $26,000 $323,963 $384,963 $35,000 $26,000 $323,963 $384,963 TOTAL NONSOCIAL SERVICE RECOMMENDED FUNDING $6,833,648 $1,076,375 TOTAL SOCIAL SERVICE RECOMMENDED FUNDING TOTAL CDBG PROGRAM BUDGET $7,910,023 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 2005-2006 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. AGMT NO. 2005-078 - With nonprofit agencies and/or sub-recipients awarded funds as part of the approved program. MOTION: Christy SECOND: Bist VOTE: AYES: Alvarez, Bustamante, Pulido, Bist, Christy, Garcia, Solorio (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 75.B. ADELPHIA CABLEVISION OF SANTA ANA, LLC. FRANCHISE RENEWAL Legal notice published in the O.C. Reporter on March 18,2005 Motion: Continue the item to April 18, 2005 at the request of staff. CITY COUNCIL MINUTES 16 APRIL 4, 2005