HomeMy WebLinkAboutBOWERS MUSEUM - 2006 CDBG FUNDED PROGRAM
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AGREEMENT TERMINA nON
Please complete this form when the attached agreement is no longerji,j eJJ\:c2 q r\H 9: 3 I
Return form to the Deputy Clerk of the Council (M-30). Call 647-~237 if you have an~ .qli-estions.
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Date:
Revised 08-28-06
City of Santa Ana
Clerk of the Council
iNSURANCE NOT ON FILE
WORK MAY!:m PROCEED
. CLERK OF COUNCIL
JE'/I-;V-o'
~ )D~p~ [2.) AGREEMENT BETWEEN THE CITY OF SANTA ANA AND
o '(l- ~C>fe~ CHARLES W. BOWERS MUSEUM FOR USE OF
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
A-2006-092-004
5/05
This Agrecmcnt, is hcreby made and cntcrcd into this I st day of July, 2006, by and between
the City of Santa Ana, a charter city and municipal corporation of the State of California ("CITY")
and Bowcrs Muscum, a California nonprofit corporation ("SUBRECIPIENT").
WIINfo~~foIH
Rccitals:
A. Thc CITY, as an entitlcment recipient and grantee of the United States Department of
Housing and Urban Development ("HUD") Community Dcvelopment Block Grant ("CDBG")
Program, desires to cntcr this Agreement with thc SUBRECIPIENT for the expenditure of CDBG
funds in accordance with Title 24, Part 570 of Code ofFedcral Regulations 24 CFR 570.000, et seq.
("CDBG REGS"); and
B. CITY has applied for and received CDBG funds from HUD pursuant to Title I of the
Housing and Community Developmcnt Act of 1974, Public Law 93-383, as amended ("ACT"); and
C. The SUBREClPIENT is a private nonprofit agency that has bcen selected by the CITY
to receive CDBG funds and administer such financial assistance; and to providc the services
dcscribed in Exhibit A, in accordance with the schcdule 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 thc activities carried out with funds provided under this Agreement
will mcct one or more ofthc CDBG program's National Objectives (24 CFR Part 570.208).
D. SUBRECIPIENT agrees that it will adhere to the pcrformance measurcmcnts and
outcomes as indicated on Exhibit B-1 (Outcome Tracking). Failure to follow the measurements
and meet thc statcd outcomes may constitute breach of contract that could result in termination
of this Agrccment or serve as rcason for the City to recapture the grant funds awarded to
SUB RECIPIENT pursuant to this Agreemcnt.
E. Thc CITY and SUBRECIPIENT have duly executed this Agreement for thc expenditure of
such funds; and
WHEREFORE, it is agreed by and bctween the partics that the forcgoing Recitals arc a
substantivc part of this Agrecment and thc following tcrms and conditions are approved and
togethcr with all exhibits and attachments hcrcto, shall constitute the entirc Agreement betwccn the
CITY and SUBRECIPIENT:
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I. SUBRECIPlENT'S OBLIGATIONS
A. Non-Profit Status - Representations and Warranties.
(a) Authority. SUBRECIPIENT is a duly organized and existing non-profit corporation
in good standing and authorized to do business under the laws of the State of California.
SUBRECIPIENT has full right, power and lawful authority to accept the funding hereunder and
to undertake all obligations as provided herein and the execution, performance and delivery of
this Agreement by SUBRECIPIENT has been fully authorized by all requisite actions on the part
of SUBRECIPIENT.
(b) Experience. SUBRECIPIENT is a qualified provider of the services to be provided
hereunder.
(c) Familiarity With Services Required. By executing this Agreement,
SUBRECIPIENT warrants that (i) it has thoroughly investigated and considered the services to
be performed and provided hereunder, (ii) it has carefully considered how the services should be
performed, and (iii) it fully understands the facilities, difficulties and restrictions attending
performance of the services under this Agreement.
(d) No 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 SUBREClPlENT is a party
or by which it is bound.
(e) No Bankruptcy. SUBRECIPIENT is not the subject of any current or threatened
bankruptcy proceeding.
(I) No Pending Legal Proceedings. SUB RECIPIENT is not the subject of a current or
threatened litigation that would or may materially affect SUB RECIPIENT'S performance under
this Agreement.
(g) Application Veracity. All provisions of and information provided in
SUBRECIPlENT'S application for funding submitted to CITY including any exhibits are true
and correct in all material respects.
(h) No Pending Investigation. SUB RECIPIENT is not aware that it is the
subject of any current or threatened criminal or civil action investigation by any public agency,
including without limitation a police agency or prosecuting authority, that would relate to affect
performance ofthe Agreement or provision of services hereunder.
B. Amount of Grant and Quarterlv Disbursement. The amount granted to
SUBRECIPIENT is $ 5,000("CDBG FUNDS"), and such funds shall be expended by
SUBRECIPIENT on or before June 30, 2007. The CDBG FUNDS shall be disbursed by CITY
to SUB RECIPIENT on a quarterly basis (October, January, April and July) subject to and upon
receipt and approval of a complete quarterly activity report from SUBRECIPIENT, with the final
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payment subject to thc satisfaction of the condition precedent of submittal of complete reporting
information duc on or before July 15 of the applicable funding year, as hereinafter more fully set
forth. SUBRECIPIENT shall be obligated to perform such duties as would normally extend
beyond the term, including but not limited to obligations with respcct 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 A,"
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 SUB RECIPIENT hereunder.
D. Allowable Costs. SUBRECIPIENT agrees to complete said program on or before
June 30, 2007 and to use said funds to pay for necessary and reasonable costs allowable under the
federal law and regulations to operate said program. Said amounts shall include, but not be limited
to, wages, administrative costs, and employee benefits comparable to other similarly situated
employees. Other allowable program costs are detailed in the Budget, as set forth in "Exhibit B,"
attached hereto and by this reference incorporated hcrein. SUBRECIPIENT shall use all income
rcccived from said funds only for the samc purposes for which said funds may be expended
pursuant to the tcrms 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
opcrations hereunder. Such licensing rcquirements includc obtaining a City business license, as
applicable.
F. Zoning. SUB RECIPIENT agrccs that any facility/property uscd in furtherance of
said program shall bc specifically zoncd and permitted for such use(s) and activity(ies). Should
SUBRECIPIENT fail to have the required land entitlcment and/or pcrmits, thus violating any local,
state or fcderal rules and regulations relating thereto, SUB RECIPIENT 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 agcncy.
SUBRECIPIENT shall notii)' CITY immediately of any pending violations. Failure to notii)' CITY
of pending violations, or to remedy such known violation(s) shall result in termination of b'fant
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 tcrmination of grant funding
hcreunder.
G. Separation of Accounts. All funds received by SUBRECIPIENT from CITY
pursuant to this Agrcement shall bc 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-liD requirements. SUBRECIPIENT is not required to maintain separate
depository accounts for CDBG FUNDS; provided however, the SUBRECIPIENT must be able to
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account for receipt, obligation and expenditure of CDBG FUNDS pursuant to applicable OMB
Circular A-II 0 requirements.
H. Audit Report Requirements. SUBRECIPIENT agrees that if SUBRECIPIENT
receives Thrce 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 sct forth and publishcd by the United Statcs Office of Management
and Budget. SUBRECIPIENT shall provide CITY with a copy of said audit by October I of the
year following the program year in which this Agreemcnt is executed.
l. 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, including the following:
(I ) Records
a. Documentation evidencing program income requirements in
conformity with 24 CFR 570.504(b((2)(i), (ii) and 24 CFR 570.503(b)(3) and 24
CFR 570.208(a)(2)(B) of the incomc level of persons and/or families participating
in or benefiting by the SUBRECIPIENT program.
b. Documentation of the number ofpcrsons and/or families participating
in or benefiting by the SUBRECIPIENT program.
c. Household information shall includc number of persons, identification
of head of household, race/ethnicity, and income verification.
d. Documentation of all CDBG FUNDS rcceived from CITY.
c. Documentation of expenses as identified in thc Budget Proposal,
including evidence of incurring the expense, invoiccs for goods or services, copies
of any and all contracts or documcntation pertaining to costs for subcontractors,
plus all other invoices for which CDBG FUNDS were cxpended, and any payments
thercfor.
f. Any such other related records as CITY shall reasonably require or as
required to be maintained pursuant to the CDBG REGS.
(2) Reports
(i) Payment Requcst. Concurrcntly with the submittal of cach
quarterly report, on orbeforc the 15th day of October, January,
April and July, SUBRECIPIENT shall submit both: an original
invoicc and true copics of invoiccs, receipts, agreements, copies
of any and all contracts or documentation pertaining to costs for
subcontractors or other documentation supporting and
cvidencing how the CDBG FUNDS havc been expcnded during
the applicable quarter.
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(ii) Quarterly Activity Report: SUBRECIPIENT agrees to keep monthly
records of all ethnic and racial statistics of persons and families bencfited by
SUBRECIPlENT in the pcrformance of its obligations under this Agreement,
including, but not limited to, the number oflow and moderate income persons
and households assisted in accordance with federal income limits, the number
of female heads of households assistcd, new program information and year-to-
date program statistics on cxpenditures, caseload and activities.
J. Access to Rccords. CITY and thc United State Government and/or their rcpresentatives
shall have access for purposes of monitoring, auditing, and examining SUBRECIPIENT's activities
and performance, to books, documents and papers, and the right to examine records of
SUB RECIPIENT's subcontractors, bookkeepers and accountants, employees and participants in
rcgard to said program. CITY and the United States Government and/or their representatives shall
also schedule on-site monitoring at their discretion. Monitoring activities may also include, but are
not limited to, questioning employees and participants in said program and entering any premises or
any site in which any of the services or activities funded hereunder is conducted or in which any of
the records of SUB RECIPIENT are kept. Nothing herein shall bc construed to requirc access to any
privileged or confidential information as set forth in fcderal or state law.
K. Location of Records/Requircd Length of Record Keeping. A II accounting records,
reports, and evidence pertaining to all costs, expenses and the CDBG FUNDS of
SUBRECIPIENT and all documents related to this Agreement shall be maintained and kept
available at SUBRECIPlENT'S office or place of business for the duration of the Agreement and
thereafter for five (5) years after completion of an audit in conformity with the CDBG REGS's.
Records which rclate 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 retaincd beyond the five (5)
years until complete resolution or disposition of such appeals, litigation claims, or exceptions. In
the event SUBRECIPIENT does not make the above-referenced documents available within the city
of Santa Ana, California, SUBRECIPIENT agrees to pay all neccssary and reasonable expenscs
incurred by CITY in conducting any audit at the location where said records and books of account
arc maintained.
L. Compliance with Law/Program Income. SUB RECIPIENT 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 rcceived by
SUBRECIPIENT shall be returncd to CITY unless otherwise providcd for in this Agreement.
SUB RECIPIENT agrees to comply fully with all federal, state and local laws and court ordcrs
applicable to its opcration whethcr or not refcrrcd to in this Agreement.
M. Standing. SUBRECIPIENT shall bc in good standing, without suspcnsion by thc
California Secretary of State, Franchise Tax Board and Intcrnal Revenuc Service. Any change in
the corporatc status or suspcnsion ofSUBRECIPlENT shall bc reported immediately to CITY.
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N. Confidentiality. Without prejudice to any other provisIOns of this Agreement,
SUBREC1PlENT 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,
SUBREC1PIENT 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. SUB RECIPIENT agrees that the performance of
obligations hereunder is rendered in its capacity as an independent contractor and that it is in no way
an agency of CITY.
P. Violation of Terms and Conditions. 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 SUB RECIPIENT
reports inaccurately, or if on audit there is a disallowance of certain expenditures, SUBRECIPIENT
agrees to remedy the acts or omissions causing the disallowance and repay CITY all amounts spent
in violation thereof. If SUBRECIPIENT engaged in fraudulent activity to obtain and/or justifY
expenditure of the CDBG funds granted hereunder, SUBRECIPIENT shall be required to reimburse
the CITY of all such funds that were obtained/spent under fraudulent circumstances.
Q. Equipment. SUBREClPIENT agrees to maintain a rccord 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 ab'feement 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 agrecment and the cxtension, renewal, amendment or modification of any federal
contract, grant, loan or cooperative agreement. SUBRECIPIENT shall sign a certification to that
cffect in a form as set forth in "Exhibit C," attached hereto and by this rcference 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 SUB RECIPIENT under the terms and conditions of this Agreement.
If any funds other than Fcdcral appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employce of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
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Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the
undersigned shall complete and submit a "Disclosure Form to Report Lobbying," in accordance
with its instructions (see C-I).
T. Financial Interest. SUBRECIPIENT agrees that except for the use of CDBG funds
to pay salaries and other related administrative or personncl 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.
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. SUB RECIPIENT certifies that it has established the following
drug-free workplace policy:
1 . The unlawful manufacture, distribution, dispensing, possession or use of a
controlled substance is prohibited in the workplace for any employee involved in a federally funded
program.
2. As an employee working in conjunction with a federally funded program, the
employees of SUB RECIPIENT will be required to:
a) Abide by the terms above in statement I.
b) Notify appropriate officials of SUB RECIPIENT and CITY officials of
any criminal drug statute conviction for a violation occurring in the workplace not
later than five days after such conviction.
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3. The CITY and the United State Department of Housing and Urban
Development will be notified within ten days after receiving notice of any such violation.
4. Within 30 days ofreceiving such notice, appropriate personnel action will be
taken against such employee, up to and including termination.
Each such employee shall be required to participate satisfactorily in a drug abuse
assistance or rehabilitation program approved for such purposes by a federal, state or local health,
law enforcement, or other appropriate agency.
II. CITY'S OBLIGATIONS
A. Payment of Funds. Upon execution of this Agreement by SUBRECIPIENT, CITY shall
pay to SUBRECIPIENT from CDBG funds, when, if and to the extent received from HUD, for
CITY's 2006-07 CDBG program year amounts expended by SUBRECIPIENT in carrying out said
program for fiscal year 2006-07 pursuant to this Agreement up to a maximum aggregate payment
of Five Thousand Dollars ($ 5,000) in installments determined by CITY. Payments shall be made
to SUBRECIPIENT through the submission of invoices on a quarterly basis (October, January, April
and July) in a form prescribed by CITY, detailing such expenses. CITY shall pay such invoices
within thirty (30) days after receipt thereof provided CITY is satisfied that such expenses have been
incurred and documented within the scope and provisions of this Agreement and that
SUBRECIPIENT is in compliance with the terms and conditions of this Agreement.
B. Audit of Account. CITY shall include an audit of the account maintained by
SUBRECIPIENT in CITY's annual audit of all CDSG FUNDS in accordance with Title 24 of
the Code of Federal Regulations and other applicable federal laws and regulations.
C. Common Rule: Pursuant to CFR 85.40(a), the CITY manages the day-to-day
operations of each grant and subgrant supported activities. CITY staff has detailed knowledge of the
grant program requirements and monitors grant 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 CFR 58, the CITY is responsible for
undertaking environmental review and maintaining environmental review records for each
applicable project.
E. Performance Monitoring: CITY shall monitor the performance of the
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.
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1II. NONDISCRIMINATION
SUB RECIPIENT agrees that no person on the ground of race, age, color, national origin,
religion or sex will be excluded from participation in, be denied the benefits of, or be subjected to
discrimination under any program or activity funded in whole or in part with CDBG funds.
IV. CONFLICT OF INTEREST
Pursuant to the conflict of interest requirements set forth in 24 CFR 576.57 and OMB
Circulars 1-102 and A-] 10, 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 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 SUB RECIPIENT shall provide with CDBG funds, in accordance
with 24 CFR 570.2000):
A. SUBREClPIENT 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 rcligion.
B. SUB RECIPIENT shall not discriminate against any person applying for the services
S UBRECIPIENT agrees to provide under the terms of this Agreement on the basis of religion and
shall not limit such services or give preference to applicants for such services on the basis of
religion.
C. SUBRECIPIENT shall NOT provide religious instruction or counseling, conduct
any religious worship or services, or engage in any religious proselytizing, or exert any religious
influence in the provision of the services in said program. The parties agree that this covenant is
intended to and shall be construed for the limited purpose of assuring compliance with respect to the
use of CITY funds by SUBRECIPIENT with applicable constitutional limitations respecting the
establishment of religion as set forth in the establishment clause under the First Amendment of the
United States Constitution and Article I, Section 4 of the California Constitution, and is not in any
manner intended to restrict other activities of SUB RECIPIENT.
D. Where the services to be provided under said program are rendered on property
owned by the primarily religious entity SUBRECIPIENT, CDBG funds may also be used for minor
repairs to such property which are directly related to the cost of rendering the services under said
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program, where the cost constitutes in dollar terms only an incidental portion of the CDBG
expenditure for rendering the services under said program.
VI. PROHIBITION OF NEPOTISM
SUBRECIPIENT agrees not to hire or permit the hiring of any person to fill a position
funded through this Agreement if a member of that person's immediate family is employed in an
administrative capacity by SUBRECIPIENT. For the purposes of this section, the term "immediate
family" means spouse, child, mother, father, brother, sister, brother-in-law, sister-in-law, father-in-
law, mother-in-law, son-in-law, daughter-in-law, aunt, uncle, niece, nephew, stepparent and
stepchild. The term "administrative capacity" means having selection, hiring, supervisor or
management responsibilities.
VII. NOTICES
Notices to the parties shall, unless otherwise requested in writing, be sent by U.S. Mail,
postage prepaid, and addressed as follows:
TO CITY:
City of Santa Ana
Community Development Agency (M-25)
20 Civic Center Plaza
P.O. Box 1988
Santa Ana, California 92702-1988
TO SUBRECIPIENT:
Genevieve Southgate
Kidseum Manager
Bowers Museum
2002 N. Main Street
Santa Ana, CA 92706
VIII. ASSIGNABILITY
None of the duties of, or work to be performed by, SUB RECIPIENT under this Agreement
shall be subcontracted or assigned to any agency, consultant, or person without the prior written
consent of CITY. SUB RECIPIENT 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.
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IX. HOLD HARMLESS
SUBRECIPIENT shall inderrmity, dcfcnd and save harmlcss CITY, its officers, cmp]oyees,
agents, representatives and vo]untccrs 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, inderrmity 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 rcasonable expenses for litigation or settlement, resulting
from or arising out of the negligent or wrongful acts, errors or omissions of SUBRECIPIENT, its
officers, dircctors, employees, agents, subcontractors and suppliers arising out of
SUBRECIPIENT's performancc ofthis Agreement.
X. INSURANCE
A. In accordance with the provisions of Section 3300 of the Labor Code, if
SUBRECIPIENT has any employees it is required to be insured against liability for worker's
compcnsation or to undertake self-insurance. Prior to commencing performance of this
Agreement, SUBRECIPIENT agrees to obtain and maintain employer's liability insurance with
limits not less than $1,000,000 per accident. If SUBRECIPIENT has no cmp]oyees, nor
workers' compensation coveragc, 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 po]icics of commercial genera] liability insurancc, or equivalent form, with a eombincd
single limit of not less than $1,000,000 per occurrencc.
Such insurance shall: (1) name the City of Santa Ana, its officers, agents,
rcpresentatives, emp]oyces and volunteers as additional insurcd's; (2) be primary with respect to
insurance or sc]f-insurance programs maintained by the CITY; (3) contain standard separation of
insured's provisions; and (4) give to CITY prompt and timely notice of claim made or suit
institutcd arising out of SUBRECIPIENT'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 covcrages requircd above; (b) provide that such insurance
shall not be materially changed or terminated except on 30 days prior written noticc to the CITY;
(c) maintain such insurance for the period covercd 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 Agreemcnt as well as any accounts
rcceivab]e attributable to the usc ofCDBG funds. [24 CFR 570.503(b)(8).]
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B. Any real property under SUBRECIPIENT's control that was acquired or improved
in whole or in part with CDBG funds in exccss of $25,000.00 must either be:
I. 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 uscd 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, thc property. Such payment is program income to CITY.
C. Subject to the obligations set forth herein, title to equipment acquired under the
terms of this Agrecment 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:
I. Items of equipment with a current per unit fair market value of less than
$5,000.00 may be retained, sold or othcrwise disposed of with no further obligation to CITY.
2. Items of equipment with a current fair markct per unit value of $5,000.00 or
morc 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 sharc of federal funds uscd to acquire
the equipment, in accordance with 24 CFR 85.32(e)(2).
D. SUBRECIPIENT hcrcby agrees, upon the demand of CITY, to execute,
acknowlcdgc 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
activitics to be performed hercunder, to execute, acknowledge and deliver, to CITY assignment(s),
quit claim deed(s) or such other and further instruments, documents and agreemcnts as may be
necessary, in the sole and absolutc 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 entitlcd, 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 thc same subject mattcr or
activities as this Agreement, together with any instnunents, loans, grants or advances by
SUBRECIPIENT on behalf of CITY, in furtherance of the activities hereunder or thereof.
SUBRECIPlENT's obligations and responsibilities set forth in this paragraph "XI.
REVERSION OF ASSETS:' and in paragraph "XII. TERMINATION" and other rcquirements
pcrtaining to program income shall not be affected by the termination of this Agreemcnt and shall
survivc the date of termination of this Agrccment for such period of timc as CITY and/or HUD
deems neccssary for thc responsibilities, duties and obligations to be performed and completed to
the satisfaction of CITY and HUD.
12
5/05
XII. TERMINATION
A. This Agrcement may be terminated on thirty (30) days' writtcn notice by either
party. In the cvcnt of such termination, SUBRECIPIENT shall only be cntitled to reimbursemcnt
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 usc of Community
Development Block Grant Funds. In the event of such suspension or termination, SUBRECIPIENT
shall only be entitled to reimbursement for approved expenscs incurred up to the effective date of
suspension or termination.
C. Pursuant to 24 CFR 85.43, in the event SUBRECIPIENT defaults by failing to fulfill
all or any of its obligations hereunder, CITY may declare a default and termination of this
Agrccment by written notice to SUB RECIPIENT, which dcfault 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 bc relieved of further liability or
responsibility under this Agrccmcnt, or as a result of the tcrmination thereof, including the payment
of money, except for payment for approved expenses incurred for services satisfactorily and timely
performed prior to thc mailing or service of thc notice of termination, and except for reimbursement
of (1) any payments made for services not subsequently pcrformed in a timely and satisfactory
manncr, and (2) costs incurred by CITY in obtaining substitute performancc.
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 dcscribed
in Exhibits A and B or failure to meet the performance standards and program goals set forth
therein.
F. In the event this Agreement is tcrminated as set forth in subparagraphs XII.A.
through XII.E., inelusive, SUB RECIPIENT agrees to immediately return to CITY upon CITY's
dcmand and prior to any adjudication of SUBRECIPIENT's rights, any and all funds not used, and
to comply with paragraph "XI. REVERSION OF ASSETS" ofthis Agreement.
XIII. LIMIT A nON OF FUNDS
The United Statcs of America, through HUD, may in the future place programmatic or fiscal
limitations on thc use ofCDBG 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 thc event of funding reduction, CITY may, in its sole and absolute discretion,
13
5/05
reduce the budget of this Agreement as a whole or as to costs category, may limit the rate of
SUBRECIPlENT's authority to commit and spend funds, or may restrict SUB RECIPIENT's use of
both its uncommitted and its unspent funds. Where HUD has directed or requested CITY to
implement a reduction in funding, in whole or as to a cost category, with respect to funding for this
Agreement, CITY's City Manager or delegate is authorized to act for CITY in implementing and
effecting such a reduction and in revising, modifYing, or amending the Agreement for such
purposes. If such a reduction in funding occurs, 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
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 arc 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
SUBRECIPlENT.
XV. LAWS GOVERNING THIS AGREEMENT
This Agreement shall be governed by and construed in accordance with the laws of the State
of California, and all applicable federal laws and regulations.
XVI. VALIDITY
The invalidity in whole or in part of any provision of this Agreement shall not void or affect
the validity of any other provision of this Agreement.
XVII. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the power,
authority and right to bind their respective parties to each of the terms ofthis Agreement, and shall
14
5/05
indemnifY CITY fully, including reasonable costs and attorney's fees, for any injuries or damages to
CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn.
b. All Exhibits and Attachments referenced herein and attached hereto shall be
incorporated as if fully set forth in the body of this Agreement.
c. No delay or omission by either party hereto to exercise any right or power accruing
upon any noncompliance or default by the other party with respect to any of the terms of this
Agreement shall impair any such right or power or be construed to be a waiver thereof. A
waiver by either of the parties hereto of any of the covenants, conditions, or agreements to be
performed by the other shall not be construed to be a waiver of any succeeding breach thereof
or of any other covenant, condition or agreement herein contained.
15
5/05
IN WITNESS WHEREOF, the parties hereto havc executed this Agreement as of the last date and
year written below.
ATTEST:
~r~
~ -I-~
V',v / :;,
\ . "'\
r "'" PATRICIA E. HEALY ,
~ - Clcrk of the Council
CITY OF SANTA ANA
~~iFJ
C<;-DA VID N. REA
'\ v City Manager
APPROVED AS TO FORM:
JOSEPH W. FLETCHER
City Attorney
,flt,'L- (~
By: LISA E. STORCK
Assistant City Attorney
SUBRECIPIENT:
DATE:
Nam~
Title: Chicf Financial Officer
Tax ID: 33-0106161
16
City of Santa Ana
Community Development Block Grant
Scope of Work
Name of Organization- Bowers Museum
Name of Fundcd Program- Kidseum After School Learning Ccntcr
Annual Accomplishment Goal
I. Total numbcr of un duplicated clients (Santa Ana and Non-Santa Ana Residents) anticipated to be served by
thc funded program, namcd above, during the 12-month contract period.
65PERSONS
II. Number of only unduplicated Santa Ana rcsidents to be served by the funded program, named above,
during the 12-month contract period.
60PERSONS
Program and Funding Description
III. Description of Work - In the spacc below, describe the program to be funded during the 12-month
contract period.
The children attending this after school program will have a unique opportunity to study and learn different mediums in the visual
arts by being exposed to the resources at the Bowers Museum. Lesson plans will be inspired by the Cultural Traditions, History, and
Art represented in the Mummies; Death and the Afterlife in Ancient Egypt, Art of Adornment: Tribal Beauty (spectacular treasures
that focus on the tribal aesthetic of body adornment from indigenous people around the world), Missions and Ranchos, and
California: The Golden Years (this exhibit highlights the museum's spectacular collection of California paintings). Children will also
have an opportunity to participate in dance, piano lessons and creative writing. The children will have an occasional opportunity to
experience the work of visiting artists whose expertise may be in visual arts, music, or dance. In addition, monthly, the children's
parents will be offered work shops concerning life and parenting skills.
IV. Activities funded by this grant - How will CDBG funds be used for the funded program? Narratively
describe thc budget for the funded program illustrated in Exhibit B and B-1.
The CDBG funds will be used to pay the wages of the instructors that will be working with the children on a daily basis. The
instructors will teach art projects and assist the children with homework assignments.
Exhibit A
Page I of2
Schedule of Performance
Estimate the number of only unduplicated Santa Ana residents to be served by the funded program during the
12-month contract period per quarter. (How many new Santa Ana clients will be served each quarter.)
Quarter I: July I - September 30
Quarter 2: October! - December 31
Quarter 3: January I - March 31
Quarter 4: April I - June 30
30Persons
20Persons
.!QPersons
QPersons
60Total number of un duplicated Santa Ana residents to be served.
(Must equal the number for II above.)
Schedule of Invoicing
Estimate the amount of grant funds to be requested during the 12-month contract period on a quarterly basis.
Quarter I: July I - September 30
Quarter 2: October I - December 31
Quarter 3: January I - March 3 I
Quarter 4: April I - June 30
$Q
$Q
$5,000
$Q
$5,000Total Grant (Must equal the Total Program Budget
indicated on Exhibit B.)
Exhibit A
Page 2 of2
CITY OF SANA ANA
Community Development Block Grant
Outcome Tracking
IMPORTANT: The City of Santa Ana is in the process of incorporating the new HUD Performance
Outcome Tracking guidelines, therefore this section is subject to change in order to be compliant with
HUD regulations. If the situation should occur that the current tracking system is not sufficient to meet
HUD regulations an amendment to this contract will be needed.
Instructions: From the list of activities below select the activity that best describes the purpose of the program that will be funded
in fiscal year 06-07 by these grant funds. Two activities have multiple outcomes, therefore if "Senior Services" or "Youth Services" is
selected, please select the one outcome that best describes the purpose of the funded program. ONLY if none of the activities listed
adequately describe the funded program, please select that last activity "Low- and Moderate Income Services".
Fulfillment
Tracking HUD Objective to be fulfilled HUD Outcome to be fulfilled illustrated by
HUD Indicator
Suitable Creating Specific Outcome
Decent A\atlablhty/ Indicator #
Activity/Program Outcome Tracking Goal Living Housing Economic Accesslbllrty Affordablllty Sustamablllty (Please see page 4
Environment PPorlunitie of4 fordesc.)
nli-CrimeS~rvice, rack the reduclionin Reduce respon,e timeto
re,ponserimeandrhe seriou, crimes in the Cily',
number of criminal Low- and Moderare-lncome
0 apprehendedasare,ult areabyatleasr3rninUles
re,uhingin lheapprehen,ion 2
of 1,500 criminals thar may X X
otherwise escape
'''S-yeargualrube
achieved by FY09iHJ
air Housing Service, Provide fair housing service , Provide fair housing
and ongoing analy,is of ounseling,educaliunand
impedirnentsrofairhou,ing nforcemenl,ervice,ro
0 7,000 Santa Ana household, X X 2
"'5-yeargoaltobe
achieved by FY09irO
2. l\nnually assess actiOllS to
eJiminateimpedimentslofai X X 2
housing
omeles.<nessPrevenlion Tmckassi,tedindividuals SO%ofassisredindi,iduals
ho retained their housing Or 'nd household,will retain
utilities for ar leasr 6monrh, heir housing or utilities for 14
0 alier assistance was at least 6 months afler X X
provided. a~istancei,provided
Emergency Shelter rack individuals who 50%01
receioed support services individuah.'hollSchold.>rhal 12 or
hal were linkcd toone or are provided wirh emergency
0 ore addilional support ,heherwilllran,iliunto X X
'rviceandiorappropriate interim housing (i.e.. 13
housing ransitionalhousing)
ransilionalHou,ing Trackhomelcssindividuals 5'Yoofhomclessindividuals
whopaniciparedin anicipalingin tran<ilionar 2
ran,ilionalhuu,ingprogram ousingprugmmwillhe X X
0 hat were placed in lacedinpermanemhousing.
rmanenthousing.
'uppot1iveScrvic'es rackindi,'idual,who 50%ofindi,'idualsifamiJies
rc"cived suppon ""rvices rccc,vmg,uppon<er>"ce,
halwcrehnkedtoonenr will be linked 10 one or mnrc 2
0 moreaddirionalsuppon addilillnalslIpp"n,ervice X X
serviccandiorapproprime an,t'orappropriatehou.<ing
hou<ing
Exhibit A-I
Page 1 of 4
Fulfillment
illustrated by
Trackinl! HUn Objective to be fulfilled Hun Outcomes to be fulfilled HUn Indicator
Suitable Creating Specific Outcome
Decent Availability/ Indicator #
Activity/Program Outcome Tracking Goal Living Housing Economic Accessibility Affordability Sustainabilit) (Please see page 4
Environment Opportunitie of4 fordesc.)
eniorService, I,Trackrn;,i,led,enior 1.l!O%ofa"isledsenior
cilizen, thaI remained cilizen,willremain
D independemforallea'll indepemlenlforallea,tl X 2
yearaller ,ervice, were yearafter,ervice,are X
provided provided
2. Track seniors receiving 2. 90% of seniors receiving
referrab lhal were linked 10 referral, will be linked 10 the
D the ,ervice, wughl servicessoughl. X X 2
p,,:,,ner-Occupied lNumberofownersas,i,led Physical safely and comforl
ousingRebabilitalion to rehabihtale their primary ill be impwved for Low
residence lorlhe following and Moderate income
,"comecalegones: houseliotdsby impro~ing
D -Exlremely Low Income omes 10 a level lhal meels 9
-V.ryLowlncome orexceed,HUDhou,ing X X
-Modemlelncome ualily,tandard,
Special NeedsCalegories
-Large Familie,
rail Elderly Service, Tmckfrailelderly 0% of frail elderly
individual, tbal were linked individuals will he linked 10 2
D o lhe ,ervices ,ought Ihe,ervice,sought X X
isabledServices rack di,ables persons Supporl independem living
who<eindependenltiving for 'Xl% ofdis-ahled persons 2
D wa.<,upportedhyCilyfund, assi,tedbyCilyfunds. X X
ervices for Menially III Trackindividual,,,,,isled !(X)%ofindividuabassi,led
wilh Cilyresource' thaI were ithCilyresourceswillbe
D provided an entr)' point into rovidedanenlrypoimimo
ther.gionalmelllalheallh heregionatmenlalheallh X X 2
caresySlemandlinkedloat 'aresyslemandlinkedloal
leaSlOneaddilionalmenlat leaSlone addilional mental
health supportive scrvice health supponive ser.ice.
ervices for Subslance rack how many individuals Provideentryintoll1e
ddicled witl1.,ub<lMceaddiclionin regional recoverysy'lem for
ere providcd an enlry into 25 individuals with
Iberegionalrecoverysy,lem 8ubstance addiclion and link
D and linked 10 additional them 10 addilional services. 2
servIces X X
'**5.yeargoaltobe
achicvcdbyFYOWIO
oUlhSer.iccs I. Track improvemenl in ] Foreducalion-based
re-te,t.po,Heslscores rograms.lmprovepre-le,t 2
D osl-lest score, by 50% X X
2. Tracknumbcrllf 2. P'ovidcoPP<Jrlunilie, for
~ individuals c~p"sed 10 lhe exposure101hefinearls X X 2
tlnearls.
.1. Trackchildrenij'outh .1. 'J(l%ofchildrel1'j'oulh
D ,eekingreferralslhmwere ,eekingreferrat,willbe X X 2
l)inl~~1 ltllhe service, ,oughl linkcdll>lheservicessoughl
llw-andModerale- ~~ackprogmmparticipaIl1S 90% of program panicipanl>
ncomeServiccs f~",we"]'"]'d""""" Wlllhehnkedtoservlcc, 2
",)Ught sought X X
D
Exhibit A-I
Page 2 of 4
Description of Outcome Tracking System:
Please describe your organization's outcome tracking system that will enable you to fulfill the outcome selected above.
The After School Learning Center of the Bowers Kidseum will provide the children in our program with exposure to the arts through
visits to the different galleries at the Bowers Museum. Activities such as: studio art projects and creative writing exercises will help the
children understand the different exhibits and artifacts that they have experienced. Discussions of the different cultures and their art
will help the children have a better understanding of people and their art fonns, as well as a better knowledge of world geography.
Daily attendance records of each child, and for the individual projects and classes will be maintained.
The activities will be reported in the quarterly narrative reports.
Exhibit A-I
Page 3 of 4
Specific Outcome Indicators
2) Public service activities
Number of persons assisted:
. with new access to a service
. with improved access to a service
. where activity was used to meet a quality standard or measurably improved quality, report the number
that no longer only have access to substandard service
9) Owner occupied units rehabilitated or improved
Total number of units:
Number occupied by elderly
Number of units brought from substandard to standard condition (HQS or local code)
Number qualified as Energy Star
Number of units brought into compliance with lead safe housing rule (24 CFR part 35)
Number of units made accessible for persons with disabilities
12) Number of homeless persons given overnight shelter
13) Number of beds created in overnight shelter or other emergency housing
14) Homelessness Prevention
. Number of households that received emergency financial assistance to prevent
homelessncss
· Number of households that received emergency legal assistance to prevent
homelessness
Exhibit A-I
Page 4 of 4
Program Year 2006-2007
Final Budget
Organization Name Bowers Museum
Program Name Kidseum After School Learninq Center
Expenditures
Expenses Funded by Expenses Funded Total Program Total Organizational
Cate 0 Santa Ana CDBG b Other Sources Bud et Bud et
Administrative Staff
Salaries & Benefits $ $ 16,597 $ 16,597 $ 66,378
Program Staff Salaries &
Benefits
Contractual/Professional
Services: List below
1 dance/piano instructors $ 8,000 $ 8,000 $ 8,000
2 photography instructor $ 2,000 $ 2,000 $ 2,000
3 festival entertainment $ $ 3,300
Office Su lies $ 500 $ 500 $ 4,500
Rent $ $
Communications $ $ $ 3,000
Utilities $ 5,000 $ 5,000 $ 26,700
Insurance $ $
Other:List below
1 ArU program Supplies $ $ 4,500 $ 4,500 $ 21,200
2 after school snacks $ 2,500 $ 2,500 $ 2,500
3 family recitals/parenteduc. $ 7,864 $ 7,864 $ 7,864
25% kidseum overhead,
4 maitnance, etc. $ 4,399 $ 4,399 $ 17,596
5 equipment leases $ $ 7,200
Total $ 5,000 $ 64,050 $ 69,050 $ 247,376
LIST ALL OTHER PROGRAM FUNDS THAT HAVE BEEN SECURED FOR 06-07
(Total Funds for Program must equal Total Program Budget above)
Source Amount
Santa Ana CDBG $ 5,000
Nicholas Endowment $ 46,836
PacifiCare $ 5,120
Aller an $ 2,500
Tar et Cor $ 1,500
Individual contributors & General Fund $ 8,094
Total Funds for Program
Exhibit B
Page 1 of 1
$
69,050
2006-2007 Funded Personnel
Name of Organization:
Name of Program
Bowers Museum
Kidseum After School Learning Center
ADMINISTRATIVE STAFF
Position Title Annual Annual Total CDBG Funds % of time Of this time % of Total
Salary Benefits Compensation Requested for spent on percent of Compensation
this position funded time serving Eligible
nroo-ram Santa Ana
Kidseum Director $ 49 000 $ 9800 $ 58 800 $ - 25% 25% 6%
$ - 0%
$ - 0%
$ - 0%
$ - 0%
$ - 0%
$ - 0%
$ - 0%
$ - 0%
T atal Amount Requested $ -
Must equal amount indicated on Exhbit B
PROGRAM STAFF
Position Title Annual Annual Total CDBG Funds % of time Of this time % ofTotaJ
Salary Benefits Compensation Requested for spent on percent of Compensation
this position funded time serving Eligible
nroo-ram Santa Ana
Instructor $ 5,760 $ 1 152 $ 6,912 $ 1,667 100% 100% 100%
Instructor $ 5,760 $ 1,152 $ 6,912 $ 1,667 100% 100% 100%
Instructor $ 5760 $ 1 152 $ 6912 $ 1667 100% 100% 100%
$ - 0%
$ 0%
$ - 0%
$ - 0%
$ - 0%
$ - 0%
Total Amount Requested $ 5,000
Must equal amount indicated on Exhbit B
CONTRACTUAL/PROFESSIONAL SERVICES
Position Title Annual Annual Total CDBG Funds % of time Of this time % of Total
Contract Benefits Compensation Requested for spent on percent of Compensation
Amount this position funded time serving Eligible
nrooram Santa Ana
Not available at this time $ - $ - 100% 100% 100%
$ - 0%
$ - 0%
$ - 0%
$ - 0%
$ - 0%
$ 0%
$ - 0%
$ - 0%
Total Amount Requested $ -
Must equal amount indicated on Exhbit 8
***Please note for personnel whose time is not directly traced to serving Santa Ana and instead a percentage is used please
confirm the percentage is accurate prior to requesting reimbursement.
Exhibit 8-1
Page I of I
Certification Regarding Lobbying
Certification for Contracts, Grants, Loans, and Cooperative Agreements
The undersigned certifies, to the best of his or her knowledge and belief, that:
(I) No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of Congress, or
an employee ofa Member of Congress in connection with the awarding of any Federal
contract, the making of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any Federal contact, grant, loan or cooperative
agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with this Federal contract, grant, loan, or cooperative
agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure
Form to Report Lobbying," in accordance with its instructions.
(3) The undersigned shall require that the language ofthis 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 subrccipients 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 SIO,OOO and not more than S100,000 for each such failure.
--m-s ~Wh-~S {i1~~
Grantee/Contactor Organization
lfP CUGTV~ A-fG1
Program Title
11hH rJ CrV1 crJ
Name of Certifying Officer
ilifA1~
Signatu
Date
EXHIBIT C
Page I 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. scction 2000 et seq.) and implementing regulation in 24 CFR
Part I.
2. No person in the United States shall on thc ground ofrace, color, religion, national
origin, or scx, bc excluded from participation in, or bc denied the benefits of, or be
subjected to discrimination under any program or activity fundcd 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
pcrformance of construction work financcd in whole or in part with community
development funds shall be paid wagcs at rates not less than those prevailing on similar
construction in the locality as detcrmined in accordance with the Davis-Bacon Act, as
amendcd, 40 U. S. C. Sections 276 a I -5, except for individuals who perform services for
which they volunteered; do not receive compensation for such services; or are paid
expenses, rcasonable benefits, or a nominal fee for such services; and are not otherwise
cmployed at any time in construction work.
4. SUBRECIPIENT will comply with all Fcderal statutes applicable to projects funded
with community development funds, except that (a) SUB RECIPIENT does not assumc
CITY'S environmental responsibilities described at 24 CFR 570.604; and (b)
SUB RECIPIENT does not assume CITY'S responsibility for initiating the review proccss
undcr Executive Order 12372.
EXHIBIT C
Page 2 of2
'ACORD.
CERTIFICATE OF LIABILITY INSURANCE
OP 10 D DATE IMMIDDIYYYY)
BOWER-1 10 05 06
THIS CERTIFICATE IS ISSUEO AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
PRODUCER
'Andreini' & Company-South Coast
License 0208825
one MacArthur Place, Suite 100
South Coast Metro CA 92707
Phone. 714-327-1400 Fax.714-327-1499
INSURED
INSURERS AFFORDING COVERAGE
Charles W. Bowers Museum Corp.
Bowers Museum of CUltural Arlo
2002 North Main Street
santa Ana CA 92706
COVERAGES
INSURER A:
INSURER B:
INSURER C:
INSURER 0:
INSURER E:
"lor.sol J'.l:A lDIUS'aac. CD
NAlC#
20648
THE POUClES a: lNSUJW<<:E.lJSTED BELOW HAVE BEEN ISSUED TO THE IHSURED tw.I3)A8OVE FOR THE POliCY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT. TERM OR CONDfTION OF ~V CONTRACT OR OTtER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN. niE INSURANCEAFFORtED BY THE POUClES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONs AND CONDmONS OF SUCH
POUCES. AGGREGATE UUITS SHOWN MAY HAVE BEEN REDUCED BY PAD ClAIMS. DATEIMMID~ ~
~~ lYPE OF INSURANCE POLICY NUMBER UMITS
~NERAL LIABIJTY EACH OCCURRENCE $ 1000000
A X COMMERCW. GENERAL UA8I.1TV 71001400000 07/30/06 07/30/07 PREMlSE!i (&~) $ 1000000
I C1.AIMS IWlE [!] OCCUR MED EXP (Any 0l'NI person) $ 1000D
PERSONAL & AOV lHJURy $ 1000000
f-- $2000000
GENERAl. AGGREGATE
- $2000000
GEN'LAGGREGATE u,.,- APnl PER: PRODUCTS ~ COMPJOP AGG
II POLICY n ~ lOC 'Eurp Ben. 1000000
~OMOBD.E UABIUTY COMBINED SINGLe LlMrr 51,000,000
ANY AIJTO (Ea aa:idenl)
A ex ALl OWNED AUTOS 71001400000 07/30/06 07/30/07 BOOK.. y IN.lJRv
c=- $
SCHEDUl.ED Al1TOS tPerJ'ersan)
A X HIRED AUTOS 71001400000 07/30/06 07/30/07 BODilY INJURY
c=- $
A ~ NON-OWNED AUTOS 71001400000 07/30/06 07/30/07 lPerac:ddent}
PROPERTY DAMAGE $
lPer acddent)
~""::== AUTO OM.. Y - EA ACCIDENT $
OTHER TIiAN EA ACe $
- AUlU ONLY: AGG $
EXCESSIUMBRElLA UABlUTY EACH OCCURRENCE $ 5,000, 000
A ~ OCCUR 0 CLAIMS tMOE 71001400000 07/30/06 07/30/07 AGGREGATE $ 5, 000, 000
$
8 DEDUCTIBlE $
It RETENTlON .0 $
WORKERS COMPENSATION AND ITORY UMlTS I IV""
EMPLOYERS' UABanv
ANY PROPRIETORIPARTNERlEXECUTIVE E.L EACH ACCIDENT $
OFACERlMEJ.taER EXClUDED? EL DISEASE - EA EMPLOYES S
~ -..... E.L DISEASE. POLICY LIMIT I s
lAL PROVISIONS below
OTHER
A Property Section 71001400000 07/30/06 07/30/07 BPP 720,000
DESCJVTION OF OPERATIONSllOCATIONSlVEHlClES I EXCLUSIOHS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
Crime Coverage Limi t:.s: $1,000,000 Employee Theft Ded. $5,000
Policy Term. 7/30/06 to 7/30/07 Dishonesty of Corporation's officers. agents
and employees. See attached eDdors~ent
City of Santa Ana is named as additional insured as respects operations of
the named insured. *10 day notice of cancellation for non payment of premium
CERTIFICATE HOLDER
City of Santa Ana
Community Development
P.O. Box 1988
Santa Ana CA 92702
CANCELLATION
SHOULD AAY OF THE ABOVE DESCRIBED POUctES BE CANCELLED IlEfORElHE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WIlL ENDEAVOR TO MAn. 30* DAYS WRITTEN
NOTICE TO THE CERTI CATE HOLDER NAMED TO 11ft! LEFT, aUT FAIllMETD DO so SHALL
OR UABIUTY OF ANY KJND UPON THE lNSURER.ITS AGENTS OR
IF;
@ACORDCORPORATION 1988
ACORD 25 (2oo1/D8)
f
J ,
.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
@VANTAGE FOR GENERAL LIABILITY
This endorsement modifies insurallCe provided under the follO'lo\lng:
COMMERCIAL GENERAl UABIUTY COVERAGE FORM
The following schedule Ilsts the coverage extensions provided by this endorsement Refer to the individual provi-
sions to determine tha extent of your coverage.
SCHEDULE OF COVERAGE EXTENSIONS
1. Additional Insured - Broad Form Vendors 8. Broadened Property Damage Rented Premises
2. Additional Insured - by Contract, Agreement or 9. Coverage Territory - Worldwide
Permit relating to: 10. Duties In Event of Occurrence, Claim or Suit
o Work performed by you 11. Expected or Intended Injury (PO)
o Premises you own, rent, lea~e or occupy 12. Incidental Medical Malpractice
o Equipment you lease 13. Medical Payments
3. Aggregate limit Per Location 14. Mobile Equipment Redefined
4. Blanket Waiver of SUbrogation 15. Newly Acquired or Formed Organizations
5. Bodily Injury Redeftned- Mental Anguish 16. Non-Owned Aircraft
6. Broadened Named Insured 17. Non-Owned Watercraft
7. Broadened Property Damage 18. Personal and Advertising Injury
o Borrowed Equipment 19. Product Recall Expense
o Customers' Goods 20. Supplementary Payments Increased Umits
o Use of Elevators
1. ADDITIONAL INSURED - BROAD FORM VENDORS
Section 11- Who Is An Insured Is amended to Include as an additional insured any person(s} or organlzetion(s}
(referred to below as vendor) with whom you agreed in a written contract or agreement to provide insurance,
but only with respect to "bodily injury" or "property damage" erising out of ''your products" which are dislnlluted
or sold in the regular course of the vendor's business, subject to the following additional exclusions:
a. This provision 1. does nol apply to:
(1) "Bodily Injury" or "property damage' for which the vendor Is obligated to pay damages by reason of the
assumption of Iiabllily in e contract or agreement Thls exclusion does not apply to Iiabillty for damages
that the vendor would have In the absence of the contract or agreement;
(2) Any express warranty unauthorized by you;
(3) Any physical or chemical change in the product made intentionally by the vendor;
(4) Repackaging, except whan unpacked solely for the purpose of Inspection, demonstration, testing or the
substitution of parts under Instructions from the manufacturer, and then repackaged in the original
container;
(5) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make
or normally undertakes to make in tihe usual course of business, in connection with the dlslrfbution or
sale of the products;
(6) Demonstration, installation, servicing or repair operations, except such operations performed at the
vendor's premises in connection wltih the sale of the product;
(7) Products which, after dlslrfbution or sale by you, have been labeled or relabeled or used as a container,
parl or Ingredient of any otiher thing or substance by or for the vendor; or
(8) "Bodily Injury" or "property damage" arising out of the sole negligence of the vendor for lis own acts or
omissions or those of ils employees or anyone else acting on Its behalf. However, this exclusion does
not apply to:
(a) The exceptions contained In Subparagraphs 4. or 6.; or
(b) Such inspections, adjustments, lests or servicing as the vendor has agreed to make or normally un-
dertakes to make In the usual course of business, in connection with the dlslnllution or sale of the prod-
ucts.
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2. Claims made or "sulls" brought; or
3. Persons or organizations making claims or bringing "suits".
These Urnits Df Insurance are inclusive Df end nDt in addition tD the Limits of Insurance shown in the Decla-
ratlDns.
3. AGGREGATE LIMIT PER LOCATION
a. Under Section III - Limits of Insurance, the General Aggregate L1mft applies separately to each Df YDur
"IDcations" owned by Dr rented Dr leased to YDU. ,
" . b. Under SectiDn V - DefinitiDns, the following definition Is added:
"LDcation" means premises InvDIvIng tha same or cDnnectlng IDts, Dr premises whose connection Is In-
terrupted only by a street, rDadway, waterway Dr right-of-way of a railroad.
4. BLANKET WAIVER OF SUBROGATION
Section IV .. Transfer of Rights Df Recovery Against others to Us CondltlDn is amended tD add the fDIIDwing:
We will waive any right Df recovery we may have against any person Dr Drganizatlon because of paymants we
make fDr injury Dr damage arising out of YDur ongDing operations done under a written cDntract or agreement
with that person Dr organization and Included In ''your work" or the "producfs..completed operations hazard".
This waiver appUes Dnly to persons or organizatlDns wlth whom you have a writtan contract, executed prior to
the "bodily Injury" Dr "properly damage", that requires you tD waive your rights of recovery.
5. BODILY RIIJURY REDEFINED - MENTAL ANGUISH
Under Section V the definition of "bodily Injury" Is replaced by the follDwing:
"Bodily injury" means bDdily injury, sfckness, or disease sustained by a person, Including mental enguish or
death resulting from any of these at any time.
6. BROADENED NAMED INSURED
Section II .. Who Is An Insured Is amended to include as an Insured the foilowlng:
Any organization which Is a legally incorporated entity in which you own a financial Interest of more than 50
percent Df the voting stock on the effective date of this andorsement will be a Named Insured unlll the 180" day
Dr the end Df the policy period, whichever comes first, provided there is no other similar insurance avellable to
that organization.
The Insurance afforded herein does nDt apply to any enllly which Is also an Insured under anDther policy Dr
would be an insured under such policy but for its terminatlDn Dr the exhaustion of Its limits of Insurance.
7. BROADENED PROPERTY DAMAGE - BORROWED EQUIPMENT, CUSTOMERS' GOODS AND USE OF
ELEVATORS
The insurance for "properly damage" lIabDIty Is subjecl to the fDllowing:
a. The Damage To Property exclusfon under Section I Coverage A is amended as follows:
1. The exclusion fDr personal prDperly In the care, custDdy or control of the Insured does nDt apply tD
"properly damage" to equipment you bDrrow while at a job sfte and prDvided it Is not being used by
anyone to perform operations at the time of IDss.
2. The exclusions fDr
(a) Properly loaned tD YDU;
(b) PersDnal prDperly In the care, custody Dr control of the insured; and
(c) That particular parl Df any properly that must be restored , repaired or replaced because "your
work" was incorrectly performed on It
do not apply to 'properly damage" to "customers' goods" while on your premises nor do they apply to
"properly damage" arisfng from the use of elevators at premises you own, renl. lease or occupy.
Subject to the Each Occurrence Urnit, the most we will pay for 'properly damage" to 'Customers'
GODds" is $25,000 per "occurrence".
b. Under Section V - Definitions, the following definition Is added:
'Customers' GDods" means goods Df your customer Dn your premises fDr the purpose of being:
1. Repaired; or
2. Used in your manufacturing process.
c. The insurance afforded by this provision is excess Dver any other valid and cDllectible properly insurance
[,"cluding any deductible) evaReble to the insured whether such insurance is primary, excess, contingent or
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b. The Insurance afforded by this provision is excess over any other vand and collectible insurance whether
such insurance is primary, excess, contingent or on any other basis. Any payments by us WIll follow the
Other Insurance - Excess Insurance provisions In the COMMERCiAl GENERAl UABIUTY CONDiTIONS.
MEDICAL PAYMENTS -INCREASED UMITS AND TIME PERIOD
a. In the Insuring Agreement under Coverage C Medical Payments, the requirement that expenses are In-
curred and reported to us within one year of the date of the accident is changed to three years.
b. The Madical Expense Urnlt Is $10,000 per parson or the amount shown In the DeclaraUons as the Medical
. Expense Umft, whichever Is greater.
c. This provision 13. doas not apply if Coverage C - Medical Payments is otherwise axcluded efther by the
provisions of the Coverage Form or by endorsement
MOBILE EQUIPMENT - SELF-PROPELLED SNOW REMOVAL, ROAD MAINTENANCE AND STREET
CLEANING EQUIPMENT
The following Is added to the "mobile equlpmenf' definition:
Vehicles maintained primarily for purposes other than the transportation of persons or cargo that are self-
propelled vehicles of less than 1,000 pounds gross vehicle weight with the following types of permanently
ettached equipment will be considered "mobUe equipmenr:
a. Snow removal;
b. Road maintenance, but not construction or resurfacing; or
c. Street cleaning.
NEWLY FORMED OR ACQUIRED ORGANIZATIONS
Under Section n - Who Is An Insured, the time period iimlleUon for newly acquired or formed organizations is
replaced by:
Coverage under this provision is afforded only until the end of the current policy period.
16. NON-OWNEDAlRCRAFT
"
14.
15.
a. The Aircraft, Auto Or Watercraft exclusion under Coverage A Bodily Injury And Property Damage
Liability does not apply to an aircraft that is:
1. Hired, chartered or loaned wfth a paid crew; and
2. Not owned by any Insured.
b. The insurance afforded by this provision 16. Is excess over any other valid and collectible insurance
Oncluding any deductible or Self Insured Retention) available to the Insured, whether such insurance is pri-
mary, excess, contingent or on any other basis. Any payments by us will follow the Other Insurance - Ex-
cass Insurance provisions In the COMMERCIAL GENERAL L1ABIUTY CONDITIONS.
17. NON-OWNED WATERCRAFT
a. Section n - Who Is An Insured is amended to Include as an Insured for any watercraft that Is coverad by
this poncy, any person who, with your expressed or implied consent, efther usas or is rasponsible for the use
of a watercrafL However, no person or organizaUon is an Insured with respect to:
1. "Bodily Injury" to a co- "employee" of the person operating the watercraft; or
2. "Property demege" to property owned by, rented to, In the charge of or occupied by you or the em-
ployer of any person who Is an Insured under this provision.
b. In tha exception to the Aircraft, Auto Or Watercraft exclusion under Coverage A Bodily Injury And Prop-
erty Damage Liability, the limitation on the length of a watercraft is Increased to 51 feet
c. The Insurance afforded by this provision 17. is excess over any other valid and collectible insurance
(mcluding any deductible or Self Insured Retention) available to the Insured, whether such Insurance is pri-
mary, excess, contingent or on any other basis. Any payments by us will follow the Other Insurance - Ex-
cess Insurance provlslons In the COMMERCIAL GENERAL lIABILITY CONDiTIONS.
18. PERSONAL AND ADVERTISING INJURY
The following Is added to the definlUon of "personal and advertising injury":
Discrtmlnation because of race, color, creed, national origin, age, sex or physical dlsablllly, where insurance
therefore Is not prohlbltad by law, but only if such discrimination is:
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'd, The following definitions are added to the Definitions Section:
1, "Covered recall" means a recall made necessary because the insured or a government body has deter-
mined that a known or suspected defect, deficiency, inadequacy or dangerous condillon in "your product"
has resulted in or will resuK In "bodily injury" or "property damage".
2. "Produel Recall Expense" means:
(a) The following necessary and reasonable expenses you Incur exclusively for the purpose of recalling
"your product":
(1) For communications, including radio or telavislon announcaments or printed advertisements
including stationery, envalopes and postage;
(2) For shipping the recalled products from any purchaser, distributor or user to the place or pieces
designated by you;
(3) For remuneration paid to your regular "employees' for necessary overtime;
(4) For hiring additional per.rons, other than your regular "employees";
(5) Incurred by 'employees', including transportation end eccommodetions;
(6) To rent additional warehouse or storage spece; or
(7) For dlsposel of "your products', but only to the extent that specific methods of destruction other
than those employed for trash discarding or disposal are required to avoid "bodily Injury" or
"property damage" as a result of such dlsposel, but
"produel recell expenses" does not include costs of regaining your market share, goodwill, revenua or profit.
(b) "Product Recall Expense" does not Include any expenses resuitlng from:
(1) Failure of any product to accomplish Its Intended purposa;
(2) Breach of warranties of fitness, quality, durabllily or performance;
(3) Loss of customer approval, or any cost Incurred to regain customer approval;
(4) Radistribullon or replacement of "your product" which has been recalled by like products or substi-
tutes;
(5) Caprice or whim of the insured;
(6) A condillon likely 10 cause loss of which any Insured knew or had reason to know at the inception of
this insurence; and
(7) Recall of "your products" that have no known or suspected defeel solely because a knoWn or sus-
pected defect In another of "your products" has been found
SUPPLEMENTARY PAYMENTS -INCREASED UMITS
In the SUPPLEMENTARY PAYMENTS - Coverages A and B provision:
a. The IImll for the cost of bail bonds is amended to $2,500; and
b. The limit for reasonable expenses Incurred by the "insured" is amended to $500 a day.
"
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