HomeMy WebLinkAboutO.C. TEEN CHALLENGE 5
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AGREEMENT TERMINATION 0\1" 0"1
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Please complete this form when the attached agreement is no longer jn\ef~l\
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Return form to the Sr. Deputy Clerk of the Council (M~\\CaH {)4'7~~~~ if you have any
questions.
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The agreement with O.t. .'JUA'l C it IJ lj~4U/
was completed on ~ 3;.;l 00,
Department:
Signature:
Date:
Revised 3-2-07
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,No./l- ;)/)0&-Dl';2.-03.1
, and final payment has been made.
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City of Santa Ana
Clerk of the Council
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AGREEMENT BETWEEN THE CITY OF SANTA ANA AND
TEEN CHALLENGE OF SOUTHERN CALIFORNIA FOR USE OF
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
This Agreement, is hereby made and entered into this 1st 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 Teen Challenge of Southern California, a California nonprofit corporation
("SUBRECIPIENT").
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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 SUBRECIPIENT for the expenditure of CDBG
funds in accordance with Title 24, Part 570 of Code of Federal Regulations 24 CFR 570.000, et seq.
("CDBG REGS"); and
B. CITY has applied for and received CDBG funds from HUD pursuant to Title I of the
Housing and Community Development Act of 1974, Public Law 93-383, as amended (" ACT"); and
C. The SUBRECIPIENT is a private nonprofit agency that has been selected by the CITY
to receive CDBG funds and administer such financial assistance; and to provide the services
described in Exhibit A, in accordance with the schedule of performance included therein, hereinafter
referred to as "said program". SUB RECIPIENT represents that it is qualified and willing to operate
said program and certifies that the activities carried out with funds provided under this Agreement
will meet one or more ofthe CDBG program's National Objectives (24 CFR Part 570.208).
D. SUB RECIPIENT agrees that it will adhere to the performance measurements and
outcomes as indicated on Exhibit B-1 (Outcome Tracking). Failure to follow the measurements
and meet the stated outcomes may constitute breach of contract that could result in termination
of this Agreement or serve as reason for the City to recapture the grant funds awarded to
SUB RECIPIENT pursuant to this Agreement.
E. The CITY and SUBRECIPIENT have duly executed this Agreement for the expenditure of
such funds; and
WHEREFORE, it is agreed by and between the parties that the foregoing Recitals are a
substantive part of this Agreement and the following terms and conditions are approved and
together with all exhibits and attachments hereto, shall constitute the entire Agreement between the
CITY and SUB RECIPIENT:
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I. SUBRECIPIENT'S OBLIGATIONS
A. Non-Profit Status - Representations and Warranties.
(a) Authority. SUB RECIPIENT is a duly organized and existing non-profit corporation
in good standiug and authorized to do business under the laws of the State of California.
SUB RECIPIENT has full right, power and lawful authority to accept the funding hereunder and
to undertake all obligations as provided herein and the execution, performance and delivery of
this Agreement by SUB RECIPIENT has been fully authorized by all requisite actions on the part
of SUBRECIPIENT.
(b) Experience. SUB RECIPIENT is a qualified provider of the services to be provided
hereunder.
(c) Familiarity With Services Required. By executing this Agreement,
SUB RECIPIENT 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 Couflict. To the best of SUBRECIPIENT'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 SUB RECIPIENT is a party
or by which it is bound.
(e) No Bankruptcy. SUBRECIPIENT is not the subject of any current or threatened
bankruptcy proceeding.
(1) 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.
B. Amount of Grant and Quarterlv Disbursement. The amount granted to
SUB RECIPIENT is $ 9,500("CDBG FUNDS"), and such funds shall be expended by
SUB RECIPIENT on or before June 30, 2007. The CDBG FUNDS shall be disbursed by CITY
to SUBRECIPIENT on a quarterly basis (October, January, April and July) subject to and upon
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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 15 of the applicable funding year, as hereinafter more fully set
forth. SUB RECIPIENT 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. SUB RECIPIENT agrees to use all federal funds provided by CITY to
SUBRECIPIENT pursuant to this Agreement to operate said program, as set forth in "Exhibit 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 SUBRECIPIENT hereunder.
D. Allowable Costs. SUB RECIPIENT agrees to complete said program on or before
June 30, 2007 and to use said funds to pay for necessary and reasonable costs allowable under the
federal law and regulations to operate said program. Said amounts shall include, but not be limited
to, wages, administrative costs, and employee benefits comparable to other similarly situated
employees. Other allowable program costs are detailed in the Budget, as set forth in "Exhibit B,"
attached hereto and by this reference incorporated herein. SUBRECIPIENT shall use all income
received from said funds only for the same purposes for which said funds may be expended
pursuant to the terms and conditions of this Agreement.
E. Licensing. SUBRECIPIENT agrees to obtain and maintain all required licenses,
registrations, accreditation and inspections from all agencies governing its operations.
SUBRECIPIENT shall ensure that its staff shall also obtain and maintain all required licenses,
registrations, accreditation and inspections from all agencies governing SUB RECIPIENT'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, 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 agency.
SUB RECIPIENT shall notifY CITY immediately of any pending violations. Failure to notifY CITY
of pending violations, or to remedy such known violation(s) shall result in termination of grant
funding hereunder. SUBRECIPIENT must make all corrections required to bring the
facility/property into compliance with the law within sixty (60) days of notification of the
violation(s); failure to gain compliance within such time shall result in termination of grant funding
hereunder.
G. Separation of Accounts. All funds received by 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
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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. SUB RECIPIENT agrees that if SUB RECIPIENT
receives Three Hundred Thousand Dollars ($300,000.00) or more in federal funds,
SUB RECIPIENT 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. SUB RECIPIENT shall provide CITY with a copy of said audit by October I of the
year following the program year in which this Agreement is executed.
1. Record KeepingfReporting. 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:
(1) Records
a. Documentation evidencing program income requirements in
conformity with 24 CFR 570.504(b((2)(i), (ii) and 24 CFR 570.503(b)(3) and 24
CFR 570.208(a)(2)(B) of the income level of persons and/or families participating
in or benefiting by the SUB RECIPIENT program.
b. Documentation ofthe number of persons and/or families participating
in or benefiting by the SUB RECIPIENT program.
c. Household information shall include number of persons, identification
of head of household, race/ethnicity, and income verification.
d. Documentation of all CDBG FUNDS received from CITY.
e. Documentation of expenses as identified in the Budget Proposal,
including evidence of incurring the expense, invoices for goods or services, copies
of any and all contracts or documentation pertaining to costs for subcontractors,
plus all other invoices for which CDBG FUNDS were expended, and any payments
therefor.
f. Any such other related records as CITY shall reasonably require or as
required to be maintained pursuant to the CDBG REGS.
(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, copies
of any and all contracts or documentation pertaining to costs for
subcontractors or other documentation supporting and
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evidencing how the COBG FUNDS have been expended during
the applicable quarter.
(ii) Quarterly Activity Report SUB RECIPIENT agrees to keep monthly
records of all ethnic and racial statistics of persons and families benefited by
SUB RECIPIENT in the performance of its obligations under this Agreement,
including, but not limited to, the number oflow and moderate income persons
and households assisted in accordance with federal income limits, the number
offemale heads of households assisted, new program information and year-to-
date program statistics on expenditures, caseload and activities.
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
SUB RECIPIENT's subcontractors, bookkeepers and accountants, employees and participants in
regard to said program. CITY and the United States Government and/or their representatives shall
also schedule on-site monitoring at their discretion. Monitoring activities may also include, but are
not limited to, questioning employees and participants in said program and entering any premises or
any site in which any of the services or activities funded hereunder is conducted or in which any of
the records of 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 RecordslRequired Length of Record Keeping. All accounting records,
reports, and evidence pertaining to all costs, expenses and the COBG FUNDS of
SUBRECIPIENT and all documents related to this Agreement shall be maintained and kept
available at SUBRECIPIENT'S office or place of business for the duration of the Agreement and
thereafter for five (5) years after completion of an audit in conformity with the COBG REGS's.
Records which relate to (a) complaints, claims, administrative proceedings or litigation arising
out of the performance of this Agreement, or (b) costs and expenses of this Agreement to which
CITY or any other governmental agency takes exception, shall be retained beyond the five (5)
years until complete resolution or disposition of such appeals, litigation claims, or exceptions. In
the event SUB RECIPIENT 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
SUB RECIPIENT shall be returned to CITY unless otherwise provided for in this Agreement.
SUB RECIPIENT agrees to comply fully with all federal, state and local laws and court orders
applicable to its operation whether or not referred to in this Agreement.
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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 SUBRECIPIENT shall be reported immediately to CITY.
N. Confidentiality. Without prejudice to any other provisions of this Agreement,
SUB RECIPIENT shall, where applicable, maintain the confidential nature of information provided
to it concerning participants in accordance with the requirements offederal and state law. However,
SUB RECIPIENT 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 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 SUBRECIPIENT
reports inaccurately, or if on audit there is a disallowance of certain expenditures, SUBRECIPIENT
agrees to remedy the acts or omissions causing the disallowance and repay CITY all amounts spent
in violation thereof. If SUBRECIPIENT engaged in fraudulent activity to obtain and/or justifY
expenditure of the CDBG funds granted hereunder, SUB RECIPIENT 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," 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 SUB RECIPIENT under the terms and conditions of this Agreement.
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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-I).
T. Financial Interest. SUB RECIPIENT agrees that except for the use of CDBG funds
to pay salaries and other related administrative or personnel costs, no persons who exercise or have
exercised any function with respect to CDBG activities assisted under the terms of this Agreement,
or who are in a position to participate in a decision-making process or gain inside information with
regard to such activities, may obtain a financial interest or benefit from a CDBG-assisted activity of
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. ~5.5.
Further, the payroll reports (along with the "Statement of Compliance") and basic records are
required to be maintained and submitted, or made available, pursuant to 29 C.F.R. ~5.5(a)(3). No
payment, advance, grant, loan or guarantee of funds shall be approved by the federal agency unless
there is on file with the agency a certification by the contractor that the contractor and its
subcontractors have complied with the provisions of 29 C.F.R. ~5.5. A breach of the contract
clauses in 29 C.F.R. ~5.5 may be grounds for termination of the contract, and for debarment as a
contractor/subcontractor, as provided in 29 C.F.R. ~5.12. Labor standards interviews/investigations
shall be made as necessary to assure compliance [29 C.F.R. ~5.6(a)(3)].
V. Drug Free Workolace. SUBRECIPIENT certifies that it has established the following
drug-free workplace policy:
I. 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 I.
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b) NotifY appropriate officials of SUB RECIPIENT and CITY officials of
any criminal drug statute conviction for a violation occurring in tbe workplace not
later tban five days after such conviction.
3. The CITY and tbe United State Department of Housing and Urban
Development will be notified witbin 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 healtb,
law enforcement, or other appropriate agency.
II. CITY'S OBLIGATIONS
A. Payment of Funds. Upon execution oftbis Agreement by SUBRECIPIENT, CITY shall
pay to SUBRECIPIENT from CDBG funds, when, if and to the extent received from HUD, for
CITY's 2006-07 CDBG program year amounts expended by SUB RECIPIENT in carrying out said
program for fiscal year 2006-07 pursuant to this Agreement up to a maximum aggregate payment
of Nine Thousand Five Hundred Dollars ($ 9,500) 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 tbirty (30) days after receipt thereof provided CITY is satisfied that such
expenses have been incurred and documented within the scope and provisions ofthis Agreement
and that SUBRECIPIENT is in compliance witb the terms and conditions oftbis Agreement.
B. Audit of Account. CITY shall include an audit oftbe account maintained by
SUB RECIPIENT in CITY's annual audit of all CDBG FUNDS in accordance with Title 24 of
the Code of Federal Regulations and other applicable federal laws and regulations.
C. Common Rule: Pursuant to CFR 85.40(a), tbe CITY manages the day-to-day
operations of each grant and subgrant supported activities. CITY staff has detailed knowledge oftbe
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 tbe performance of the
SUB RECIPIENT against goals and performance standards required herein. Substandard
performance as determined by the CITY will constitute non-compliance witb this Agreement. If
action to correct such substandard performance is not taken by the SUB RECIPIENT within a
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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 576.57 and OMB
Circulars 1-102 and A-II 0, 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 570.200(j):
A. SUBRECIPIENT shall not discriminate against any employee or applicant for
employment on the basis of religion and shall not limit employment or give preference in
employment to persons on the basis of religion.
B. SUB RECIPIENT shall not discriminate against any person applying for the services
SUBRECIPIENT 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 SUBRECIPIENT.
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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
funded through this Agreement if a member of that person's inunediate family is employed in an
administrative capacity by SUBRECIPIENT. For the purposes of this section, the term "inunediate
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 ]988
Santa Ana, California 92702-] 988
TO SUB RECIPIENT:
Dennis Grffith
Executive Director
Orange County Teen Challenge
5445 Chicago Avenue
Riverside, CA 92507
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 SUB RECIPIENT pursuant to this Agreement.
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IX. HOLD HARMLESS
SUBRECIPIENT shall indemnity, 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, indemnity 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 SUB RECIPIENT, its
officers, directors, employees, agents, subcontractors and suppliers arising out of
SUBRECIPIENT's performance 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
compensation or to undertake self-insurance. Prior to commencing performance of this
Agreement, SUBRECIPIENT agrees to obtain and maintain employer's liability insurance with
limits not less than $1,000,000 per accident. If SUBRECIPIENT 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: (I) name the City of Santa Ana, its officers, agents,
representatives, employees and volunteers as additional insured's; (2) be primary with respect to
insurance or self-insurance programs maintained by the CITY; (3) contain standard separation of
insured's provisions; and (4) give to CITY prompt and timely notice of claim made or suit
instituted arising out of 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
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A. Upon the expiration of this Agreement, SUBRECIPIENT shall transfer to CITY any
CDBG funds on hand at the time of the expiration of this Agreement as well as any accounts
receivable attributable to the use ofCDBG funds. [24 CFR 570.503(b)(8).]
B. Any real property under SUBRECIPIENT's control that was acquired or improved
in whole or in part with CDBG funds in excess of $25,000.00 must either be:
1. Used, where CITY has given written approval, to meet one of the national
objectives stated in 24 CFR 570.208 until five (5) years after expiration of this Agreement, or for
such longer period of time as determined to be appropriate by CITY; or
2. If not used in accordance with subparagraph A above, SUBRECIPIENT
shall pay to CITY an amount equal to the current fair market value of the property less any portion
of the value attributable to the expenditure of non-CDBG funds for acquisition of, or improvement
to, the property. Such payment is program income to CITY.
C. Subject to the obligations set forth herein, title to equipment acquired under the
terms of this Agreement will vest upon acquisition in SUBRECIPIENT. When said equipment
which has been acquired in accordance with this Agreement and all applicable regulations is no
longer needed for said program, disposition of said equipment will be made as follows:
I. 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 assigrunent(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
12
5/05
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 tennination.
B. This Agreement may be suspended or terminated by CITY upon five (5) days'
written notice for violation by SUBRECIPIENT of Federal Laws governing the use of Community
Development Block Grant Funds. In the event of such suspension or termination, SUB RECIPIENT
shall only be entitled to reimbursement for approved expenses incurred up to the effective date of
suspension or termination.
C. Pursuant to 24 CFR 85.43, in the event SUBRECIPIENT defaults by failing to fulfill
all or any of its obligations hereunder, CITY may declare a default and termination of this
Agreement by written notice to SUBRECIPIENT, which default and tennination 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 oftennination, and except for reimbursement
of (I) any payments made for services not subsequently performed in a timely and satisfactory
manner, and (2) costs incurred by CITY in obtaining substitute performance.
D. The grant of funds under this Agreement may be terminated for convenience in
accordance with 24 CFR 85.44.
E. The grant of funds under this Agreement may be terminated due to the non-
performance of SUBRECIPIENT and/or failure of SUBRECIPENT to perform the work described
in Exhibits A and B or failure to meet the performance standards and program goals set forth
therein.
F. In the event this Agreement is terminated as set forth in subparagraphs XILA.
through XILE., inclusive, 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 "XL REVERSION OF ASSETS" of this Agreement.
XIII. LIMITATION OF FUNDS
13
5/05
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, SUB RECIPIENT shall be permitted to de-scope
accordingly. Where CITY has reasonable grounds to question SUBRECIPIENT's fiscal
accountability, financial soundness, or compliance with this Agreement, CITY may suspend the
operation of this Agreement for up to sixty (60) days upon five (5) days written notice to
SUBRECIPIENT of its intention to so act, pending an audit or other resolution of such questions.
In no event, however, shall any revisions made by CITY affect expenditures and legally binding
commitments made by SUBRECIPIENT before it received notice of such revision, provided that
such amounts have been committed in good faith and are otherwise allowable and that such
commitments are consistent with HUD cash withdrawal guidelines.
XIV. EXCLUSIVITY AND AMENDMENT OF AGREEMENT
This Agreement supersedes any and all other agreements, either oral or in writing, between
the parties hereto with respect to the use of CITY's CDBG funds by 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
14
5/05
a. Each undersigned represents and warrants that its signature herein below has the power,
authority and right to bind their respective parties to each of the terms of this Agreement, and shall
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 have executed this Agreement as of the last date and
year written below.
ATTEST:
Q
PATRICIA E. HEALY
Clerk ofthe Council
CITY OF SANTA ANA
~~~Q
.' DAVID N. RE
City Manager
APPROVED AS TO FORM:
JOSEPH W. FLETCHER
City Attorney
M ~ Y" .LJT~
By: LISA E. STORCK
Assistant City Attorney
DATE:
SUBRECIPIENT:
16
City of Santa Ana
Community Development Block Grant
Scope of Work
Name of Organization- Orange Countv Teen Challenge
Name of Funded Program- After-School Learning Center
Annual Accomplishment Goal
I. Total number ofunduplicated clients (Santa Ana and Non-Santa Ana Residents) anticipated to be served by
the funded program, named above, during the 12-month contract period.
400PERSONS
II. Number of only unduplicated Santa Ana residents to be served by the funded program, named above,
during the 12-month contract period.
400PERSONS
Program and Funding Description
III. Description of Work - In the space below, describe the program to be funded during the 12-month
contract period.
The Orange County Teen Challenge Learning Center is located in the heart of Santa Ana and in what the police have identified as the
"two square miles of death" because of the amount of violence and drug use that saturates this neighborhood and permeates many
homes. The city of Santa Ana has more than 80 gangs and one of the lowest graduation rates in the country. Typically the students
who participate in the TC Kids After-School Learning Center program are elementary and middle school age students, 7-14 years of
age. Most of those in attendance are considered to be inner city youth who are at risk. Some of them lack a key element in their life,
such as lack of parental supervision, which may lead to poor school attendance, poor grades, and poor behavior. Approximately 95%
of children in the After-School Learning Center are at or below the median income level for Orange County.
The After-School Learning Center consists of three main components: (I) An educational component provides tutoring and
homework assistance to improve school performance and behavior. Tutors, following a structured curriculum, provide assistance in
one or more of the following subject areas: language, arts, math, history, social studies, and science. Special emphasis is placed upon
computer science and technology with technologically enhanced learning resources and tools.; (2) An educational enrichment
component supported by volunteer and staff mentors, offers opportunities for participation in recreational activities and cultural
events, and perhaps just as important is the time a mentor invests in a child or young person; (3) A social formation component
supports the development ofleadership and social skills and challenges students to explore healthy identity and self-esteem. Learning
Center staff coordinates transportation to and from the Learning Center with students and parents, speaks with guardians about
Learning Center activities, and gives updates on student progress.
IV. Activities funded by this grant - How will CDBG funds be used for the funded program? Narratively
describe the budget for the funded program illustrated in Exhibit B and B-1.
It is widely regarded that youth living in low-income areas have greater difficulty than their middle- or upper-class peers in making
the transition to productive adulthood, facing increased rates of illiteracy, home instability, and drug/alcohol addiction. Without
effective intervention, these youth will face significant barriers to long-term educational, social, and career success. Several research
studies have demonstrated that mentoring; positive adult involvement, extra-curricular activities, and school success are buffers to
psychological distress as wen as protective factors against alcohol, tobacco, drug use, and juvenile delinquency. Your funding will
empower these youth, who often struggle with the demands of school, to receive the best in after-school tutoring and mentoring.
The funding provided by the City of Santa Ana Community Block Grant program will be utilized for: (1) Supplies (including
homework and school supplies, arts and crafts, snacks, and other necessary supplies for homework assistance and academic tutoring),
(2) Transportation to and from the Learning Center for Santa Ana youth participating in the program, (3) Partial vehicle insurance
costs for the designated van that transports these students to and from Learning Center activities, and (4) Additional and on-going
Learning Center staff and volunteer training efforts.
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: Julyl - September 30
Quarter 2: October I - December 31
Quarter 3: January I - March 31
Quarter 4: April I - June 30
100Persons
100Persons
100Persons
100Persons
400Total 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 31
Quarter 4: April I - June 30
$1500
$1500
$3000
$3500
$9500Total Grant (Must equal the Total Program Budget indicated
on Exhibit B.)
Exhibit A
Page 2 of2
CITY OF SANA ANA
Community Development Block Grant
Outcome Tracking
IMPORTANT: The City of Santa Ana is in the process of incorporating the new HUD Performance
Outcome Tracking guidelines, therefore this section is subject to change in order to be compliant with
HUD regulations. If the situation should occur that the current tracking system is not sufficient to meet
HUD regulations an amendment to this contract will be needed.
Instructions: From the list of activities below select the activity that best describes the purpose of the program that will be funded
in fiscal year 06-07 by these grant funds. Two activities have multiple outcomes, therefore if "Senior Services" or "Youth Services" is
selected, please select the one outcome that best describes the purpose of the funded program. ONLY if none of the activities listed
adequately describe the funded program, please select that last activity "Low- and Moderate Income Services",
Fulfillment
Tracking HUD Objective to be fulfilled HUD Outcome to be fulfilled illustrated by
HUD Indicator
Suitable Creating Specific Outcome
Activity/Program Outcome Tracking Goal Living Decent Economic Availability! Affordability Sustainabilit; Indicator #
Housing Accessibility (Please see page 4
Environment Opportunitie of4 fordesc.)
nti.CrimeServiccs rack thcrcduclionin Rcduccrcsponselimeto
e'pon<c time and the riouscrimcsintheCily's
umherofcriminal Low-and Modcrale-Income
0 pprehendcd as a result cabyatlea<t3minutes
csullinginlheapprehensinn X 2
of 1,SOO criminals that may X
otherwisccscapc.
".S-yeargoaltobc
chicvcd byFY (}9/IO
"air HousingServiccs Provide fair housing service j.Providefairhou,ing
and ongoing analysis of coun,c1ing, education and
impedimcntstofairhousing. nforccmcnlserviceslO
0 7,000 Santa Ana households X X 2
.US-ycargoallOb<:
achievedbyfY09/1O
. Annually assc>lS action. to
liminate impedimems 10 fair X X 2
ousing
lomelcssnessrrevcntion rack assi.tcd individuals SO%ofassistedindividuals
ho retained ti>cirhousing or ndhouseholdswillretain
tililicsforalleasl6months hcirbousingorulililiesfor 14
0 ftcr assistance Was I leasl 6 monlhs after X X
rovided. Fsislanceisprovided.
"mergencySheltcr rack individuals who 0% of 12
ccciverl supporl services individualslhoUSCholdSlhat or
halwcre linked 10 OIIcor reprovidcdwithemergency
0 ore addiliOllal supporr hcller will transilionto X X
service andlor appropriale interim housing (i.e., 13
housing ansilicmalholliling)
ransilionalHousing rack homeless individuals % of homeless individuals
rhoparticipatcdin articipalingin tramilional 2
ltransitionalhoustngprogram housing program will bc X X
0 hal were placed in laccdinpcnnancnthoUlling
lPcrmancnlhousing
upportiveServices rack indi"iduals wbo 0% of individuals/families
eceiverlsupporrserviees re<;civingsupportscrviecs
lhal were linked to one or ill he hnked 10 one or morc 2
0 jrnore addilional support ddilionalsupportscrvice X X
F.ervl~C and/or appropnale and/or appropriate hoosing.
ODSlOg
Exhibit A-I
Page I of4
Fulfillment
illustrated by
Trackine HUD Obiective to be fulfilled HUD Outcomes to be fulmled HUD Indicator
Suitable Creating Specific Outcome
ActivitylProgram Outcome Tracking Goal Living Decent Economic Availability! Affordability Sustainabili~ Indicator #
Environment Housing Opportunitie Accessibility (Please see page 4
of 4 for desc.)
eniorServiccs L Track assisted senior 1. 80% of assisted senior
itizensthatrcmained iti2ens will remain
0 .ndependent for at least 1 independentforalleasll X X 2
car after serviccs Werc ear aftcr scrvicc. are
rovided. rovided.
2. Trnck seniors rcceiving . 90% of.eniors receiving
efenal. lhatwerc linked 10 eferralswill be linked 10 lhe
0 heserviccssought. rvice..ought. X X 2
pwner-Ck::cupier1 umberofownet'll3Ssisted Physical safClyand comfort
lousing Rehabilitation o rehabilitale thcirprimary ill be improved for Low
esidenceforthefolJowing dModeraleincome
incomecalegorics. ouscholds by improving
0 EXlTcme1y Low Income omes 10 a level lhat meets 9
.VeryLowlncome orexceedsllUDkousing X X
.Moderatelncome qualiryslandarrls.
Spc<;ial Need. Calcgorics
.LargcFamilies
raill::lderlyServiccs rnek frail clderly 0% of frail clderfy
individuals thatwerc linkcd individuals will bc linkcdlO 2
0 totkeserviccssougk!. the scrviccs'ough!. X X
isabledServiccs rack disablcs pe..oru; Support independent living
hoseindcpendcnlliving for 'XI% of disabled persons 2
0 as.upported by City funrls. ssi.ted by City funds X X
crviees for Mcntally III Track individuals assisted 100% of individual sassisl cd
with City resourccs thaI were .irhCityrcsourccswiflbe
0 rovidedan entry point inlo rovidcdancntrypoinlimo
he regional mcntal heafth hcrcgionalmentafheallh X X 2
.aresyslemandlinkcdloat are syslem and linked toat
lcast one additional mental feasloocadditionalmental
hcalthsupportivescrvicc health sllpportivc ""rvice
crviccsforSllbstancc rack how many individuals Providccnlry into the
ddiclCd Wilhsubsranccaddiclionin regional rccovcry.ystem for
erc provided an enlry into 5 individual.wilh
he regional recoverysysrem ub.tance addiction and link
0 and linked 10 addilional hem toaddilional services 2
services X X
"'5-yeargoallobe
chievedbyFY09!lO
oulhServices 1. Track improvement in 1. Foreducation.l:>ascd
re.lest.post-leslscores. rograms,improvcprc_lest 2
C8J OSHesl scores by 50% X X
0 ~' _Tr,aclcnllmberof . Provide opportunities for
ndivnll1als exposed 10 ll>c xposurc 10 the fine arlS. X X 2
finearlS.
3. Trackchildrenlyol1th 3_ 90%ofchildrenlyouth
0 Fkingreferralsthalwere eking referrals will be X X 2
hnked 10 the servlCCs SOl1ghl. linlced 10 the services sought
ow. and Moderale- rnckprogrampanicipanrs 90%ofprogrampanicipants
ncomeServices that were linkcd to services ill be linkcd 10 services 2
sough!. oght X X
0
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.
Currently, the Teen Challenge After-School Learning Center utilizes STAR Math and Reading evalution software to monitor student
progress (pre/post) in these key academic areas during their participation in the After-School Learning Center. The After-School
Learning Center program components are also integrated, when possible, with the local school's curriculum, instruction, and learning
support activities. The Orange County Teen Challenge TC Kids program maintains contacts with school and community officials to
facilitate school participation and coordinate individual student benchmarks, promotes recreational activities through the liaisons that
have already been established, and initiates new contacts to increase student participation in these and other community programs.
Participants of the After-School Learning program in Santa Ana are often times referred to the program by the Pupil Support Services
of the Santa Ana Unified School District. Many times students are asked to bring in their report cards to identify areas of needed
academic remediation or to demonstrate areas of academic improvement.
Additionally, there are several other measures Orange County Teen Challenge employs to determine the program's success:
(1) Self-assessment (quantitative) evaluations by both parents and staff (facilitators and leadership) as wells as qualitative interviews at
three month intervals to determine progress, needs, and service gaps; and (2) An assessment of the program's effectiveness indicated
by strength of community support, quality of collaborative partnerships, and confidence of conununity and government social services
to offer referrals and form collaborations. These measures in addition to the data collected with STAR math and reading software will
be reported to the City of Santa Ana on a quarterly basis as requested. Additional questions or additional information regarding
evaluation methodology can be directed to Christina Ryder, Grants Coordinator, Teen Challenge of Southern California.
Exhibit A-I
Page 3 of 4
2) Public service activities
Specific Outcome Indicators
Number of persons assisted:
. with new access to a service
. with improved access to a service
. where activity was used to meet a quality standard or measurably improved quality, report the number
that no longer only have access to substandard service
9) Owner occupied units rehabilitated or improved
Total number of units:
Number occupied by elderly
Number of units brought from substandard to standard condition (HQS or local code)
Number qualified as Energy Star
Number of units brought into compliance with lead safe housing rule (24 CFR part 35)
Number of units made accessible for persons with disabilities
12) Number of homeless persons given overnight shelter
13) Number of beds created in overnight shelter or other emergency housing
14) Homelessness Prevention
. Number of households that received emergency financial assistance to prevent
homelessness
· Number of households that received emergency legal assistance to prevent
homelessness
Exhibit A-I
Page 4 of 4
Program Year 2006-2007
Final Budget
Organization Name Orange County Teen Challenge
Program Name After-School Leamina Center
Expenditures
Expenses Funded by Expenses Funded Total Program Total Organizational
Catego Santa Ana CDBG by Other Sources Bud et Bud et
Administrative Staff
Salaries & Benefits $ $ 30,000 $ 30,000 Center Fi ures Below
Program Staff Salaries &
Benefits
Contractual/Professional
Services: List below
Misc. $ $ $ $ 10,500
2 $ $ $
3
Office Su lies 5,000 10,000 15,000 61,400
Rent
Communications
Utilities
Insurance
Other:List below
Transportation $ 3,000 $ 5,000 $ 8,000 $ 53,800
2 Trainings/Conferences $ 1,000 $ 1,500 $ 2,500 $ 10,600
3 Occupancy Costs $ $ 26,700 $ 26,700 $ 191,050
4 Building Improvements $ $ $ $ 8,000
5 Other Expenses $ $ $ 105,650
Total $ 9,500 $ 161,500 $ 171,000 $ 1,055,150
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 $ 9,500
Foundation Givin $ 30,000
Individual/Private Donations $ 131,500
Total Funds for Program
Exhibit B
Page 1 of 1
$
171,000
2006-2007 Funded Personnel
Name of Organization:
Name of Program
Orange County Teen Challenge (NO CDBG FUNDED PERSONNEL)
After~School Learning Center
ADMINISTRA TIVE STAFF
Position Title Annual Annual Total CDBG Funds % of time Of this time % of Total
Salary Benefits Compensation Requested for spent on percent of Compensation
this position funded time serving Eligible
nrouram Santa Ana
$ - 0%
$ - 0%
$ - 0%
$ - 0%
$ - 0%
$ - 0%
$ - 0%
$ - 0%
$ - 0%
Total Amount Requested $ -
Must equal amount indicated on Exhbit B
PROGRAM STAFF
Position Title Annual Annual Total CDBG Funds % of time Of this time % of TotaJ
Salary Benefits Compensation Requested for spent on percent of Compensation
this position funded time serving Eligible
OfOQ:ram Santa Ana
$ - 0%
$ - 0%
$ - 0%
$ - 0%
$ - 0%
$ - 0%
$ - 0%
$ - 0%
$ - 0%
Total Amount Requested $ -
Must equal amount mdlcated on Exhblt 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
nrOPTam Santa Ana
$ - 0%
$ - 0%
$ - 0%
$ - 0%
$ - 0%
$ - 0%
$ - 0%
$ - 0%
$ - 0%
Total Amount Reauested $ -
Must equal amount indicated on Exhbit B
***Please note for personnel whose time is not directly traced to serving Santa Ana and instead a percentage is used please
confirm the percentage is accurate prior to requesting reimbursement.
Exhibit B-1
Page I of I
Certification Regarding Lobbying
Certification for Contracts, Grants, Loans, and Cooperative Agreements
The undersigned certifies, to the best of his or her knowledge and belief, that:
(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 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.
~(N \..I\A\\\,c",1:c,1c ~S:t~T\-\l(1 J ~\t\~f:A\A(Cl9-Af'lk,L~,",I~;'(~
Grantee/Contactor Organization
\
,
\
(\\\(J,S ~~\ lll~r+~INb-~\tlL
Program Title
Name of Certifying Officer
Date
EXHIBIT C
Page I of2
SUB RECIPIENT 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)
SUB RECIPIENT does not assume CITY'S responsibility for initiating the review process
under Executive Order 12372.
EXHIBIT C
Page 2 of2
ACORD. CERTIFICATE OF LIABILITY INSURANCE OPID N~ OATE(MMIDDI't'YYYI
TEENCH1 03/29/07
PROOUCEA THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
(OC) Heffernan Insurance Brkrs HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
1855 Kate11a Ave, Suite 255 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
orange CA 92867-4459
Phone: 714-997-8100 rax:714-997-1994 INSURERS AFFORDING COVERAGE NAIe #
INSURED INSlRER A: rhib1klphia rna.uty lrw. CO
INSLRER B:
Teen Challenge of So. Ca. Inc. INSURER c:
5445 Cbica~ Avenue INSURER 0:
Riverside 92507
INSl.R:RE:
CANCELLATION
SHOULD NN OF n-E ABOVE DESCRIBED POLICES BE CANCB.LED BEFORE tHE EXPIRATION
DATE THEREOF, me ISSUHG INSURER 1JYl.I. BfJEAVOR TO MAL ~ DAYS WRITTEN
NOTICE TO THE CERT1FICATE HOlDER NAIlED TO THE lEFT, Bl1T FALURE TO 00 SO SHAl..l
l'ftose NO OBLIGATION OR UA8LJTY OF AIf( KIN) UPON ne NSURER, rrs AGENTS OR
REPRESENTATIVES.
A ~
COVERAGES
THE Pa..ICIES OF INSlJRN..lCE LISTED BElOW HP.VE BEEN ISSLED TO n-e tNSl....RED NAt.EO ABOVE f~ TIE POLICY PERIOO INDICATED_ OOTWllHSTN.OIt>K;
NoN REOUlREt.t:NT, TERM OR cOt..omON OF IWt CCt>ITRACT OR DltER ooct..t.1ENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, TI-E INSffiANC:E AFFORDED BY TI-E POLICIES DESCRIBED t-EREIN IS SLeJECT TO All THE TERMS, EXCLUSIONS NI) cOt..oITlOOS OF SUCH
~ AGGREGA':':' =~n"VE BEEN REoo;~::A:'~;S DATE -""M1 DATE (MOVODM1
~LIA8UIY
A X ..!. ~~IAlGEhERAl.lW3ILlTY PHPK181795
_ --.J CLAIMS w.re ~ OCCUR
EACH OCCl.RRENCE
07/19/06
07/19/07
PREMISES (Ee OCCUllnce)
MED EXP (My one person)
PERSONAl & N)V IN...l.RY
A
~N1.AGGRE~L=flPPL~PER
I Petley I J JECT I I LOC
AUTOMOBLE UA8ll..rTY
-
-
-
...!. SCl-EDU..EDAllTOS
_ HIRED P.UTOS
_ NON-O\^.'I\H) AUTOS
-
Ge.ERAl AGGREGATE
PRODUCTS. COMPIOP AfjG
Emp Ben.
CC>>.BINED SINGLE LIMIT
07/19/07 (Eaaccldent)
BODIL Y I~Y
(Pefperson)
BODILY INJURY
(Perec:ciclent)
PROPERTY D.A.Mt\GE
(Per8CCideltl
P.UTO ONLY - EAACCIDENT
Dnal THAN EAACe
P.UTOON..Y: N3G
EACH OCClJRRENCE
07/19/07 AGGREGATE
_AUTO
AlL O'M.'ED P.UTOS
PHPK181795
07/19/06
=f===
EXCESSJUMBRELLA LlABLrTY
A ~ oceLR 0 elAJMS""'" PHUB067382
II DEDUCTIBLE
Ix1 RETENTION $10,000
WORKERS COr.FENSATlON AND
EMPLOYERS'LlABUTY
AAY PROPRJETORIPPRTNERJEXECUTlVE
OfFICERlt.Er...eER EXClWED?
~1:S~~~bEbY
DlliER
07/19/06
IrORY LIMITS I I'....ER
EL EACH ACCIDENT $
E.l.DlSEASE.EAEWlOYEE $
E,L, DISEASE - POLICY LIMIT $
DESCRFllON Of OPERATlONS I LOCAnoNS IVEHIClES f EXCLUSKlNS ADDED BY ENDORSEMENT J SPECIAL PROVISIONS
The City of Santa Ana, its officers, employees, agents, volunteers and
representatives are named as Additional Insured with regard to General
Liability. RE: CDBG Grant
CERTIFICATE HOLDER
CITSANT
-\ .
., UVEO AS TO F
City of Santa Ana 0
20 Civic Center pla,za", ~ 1/ /.
Santa Ana CA 92.7.ll.A_ -L_~--'-.LZ
\,J;tura,~ 't "1,.,_
ACORD 25 (2001/08) ;\"","2"t C"t A
1 Y , ttof'1ey
L1....
$1,000,000
$ 300,000
$15,000
$1,000,000
$ 2,000,000
$2,000,000
1,000,000
$1,000,000
$
$
$
$
$ 9 ,000 ,000
$
$
$
$
@ACORD CORPORATION 1988
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and cond~ions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or a~er the coverage afforded by the policies listed thereon.
ACORD 25 (2001108)
PI-NP-003 (9/03)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
GENERAL LIABILITY DELUXE ENDORSEMENT
II is understood and agreed that the following extensions only apply in the event that no other specific
coverage for the indicated loss exposures are provided under this policy. If such specific coverage applies,
the terms, conditions and limits of that coverage are the sole and exclusive coverage applicable under this
policy.
Throughout this endorsement the words "you" and "your"refer to the Named Insured shown in the
Deciarations. The words "we", "us" and "our" refer to the Company providing this insurance.
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE
The following is a summary of the Limits of Insurance and additional coverage provided by this
endorsement. For complete details on specific coverages, consult the policy contract wording.
A. Medical Payments - Limit increased to $15,000;
B. Supplementary Payments - Bail bonds increased to $2,500/Loss of earnings increased to $500 each
day;
C. Tenant's Legal Liability - for Fire, Lightning, Explosion, Smoke and Leaks from Sprinklers-
Limit increased to $300,000;
D. Broadened Definition of Who is An Insured;
E. Amended Duties In The Event Of Occurrence, Claim Or Suit;
F. Broadened definition of Advertising Injury - includes Televised Or Videotaped Publication;
G. Amended definition of Bodily Injury to include Mental Anguish;
H. Broadened definition of Personal Injury - includes Abuse of Process/discrimination;
I. Amended Unintentional Failure To Disclose Hazards;
J. Amended Liberalization Clause
K. Added Employee Indemnification Defense Coverage - We will pay up to $25,000 in defense costs for
an "employee" in a criminal proceeding (subject to established criteria) ;
L. "Property Damage" - Removed exclusion for "Property damage" resulting from the use of reasonable
force to protect persons or property;
M. Added blanket Additional Insured - Funding Source;
N. Added blanket Additional Insured - Managers or Lessors of Premises;
O. Non-owned Watercraft - coverage length is increased to 58 ft.;
Page 1 of 5
Includes copyright material of the Insurance Services Office, Inc. used with its permission.
PI-NP-003 (9/03)
A. Medical Payments
If Medical Payments Coverage (Coverage C.) is not otherwise excluded from this Coverage Part:
1. The Medical Expense Limit is changed subject to all the terms of Limits Of Insurance (Section III)
to the greater of:
a. $15,000; or
b. The Medical Expense Limit shown in the Declarations of this Coverage Part.
2. The requirement in the Insuring Agreement of Coverage C., that expenses must be incurred and
reported to us within "one year" of the accident date is changed to " three years."
3. Exclusion a. of Coverage C. at your option. does not apply to your volunteer workers or any
person or organization under your direct supervision and control.
B. Supplementary Payments
In the Supplementary Payments - Coverages A. and B. provision:
1. The limitfor the cost of bail bonds is changed from $250 to $2,500; and
2. The limit for loss of earnings is changed from $250 a day to $500 a day.
c. Fire, Lightning, Explosion. Smoke and Leaks from Sprinklers
If damage by fire to premises rented to you is not otherwise excluded from this Coverage Part, the
word" fire" is changed to '1ire, lightning, explosion, smoke, or leakage from automatic fire protective
systems" where it appears in:
1. The Limits Of Insurance section of the Declarations as the Fire Damage Limit. Thatlimil:
a. Is changed subject to all the terms of Limit Of Insurance (Sedion III) to the greater of:
(1.) $300,000; or
(2.) The amount shown in the declarations as the Fire Damage Limit.
b. Subject to a. above is the most we will pay to all damage proximately caused by the same
event, whether such damage results from fire, lightning, explosion, smoke, or leaks from
automatic fire protective systems or any combination thereof.
2. The last paragraph of Coverage A. (Section I) after the Exclusions;
3. Paragraph 6. of Limits of Insurance (Section III);
4. Paragraph b.(1 )(b) of the Other insurance Condition (Section IV); and
5. Paragraph a. of the definition of "insured contracf'
D. Who is An Insured
Who is An Insured (Section II) is changed as follows:
1. If coverage for newly acquired or formed organizations is not otherwise excluded from this
Coverage Part. paragraph 4.a is changed to read:
a. Coverage under this provision is afforded until the end of the policy period.
2. Each of the following is also an insured:
a. At the first Named Insured's option, your volunteer workers; and
b. Your medical directors and administrators, but only while acting within the scope of and during
the course of their duties as such. Such duties do not include the furnishing or failure to
furnish professional services of any physician or psychiatrist in the treatment of a patient.
c. At the first Named Insured's option, any person or organization under your direct supervision
and control while providing for you private home respite or foster home care for the
developmentally disabled. However, the insurance afforded by b. above is excess over any
other insurance covering any person or organization under your direct control or supervision.
d. If you are an organization other than a partnership or joint venture, your managers and
supervisors are also insureds, but only with respect to their duties as your managers and
supervisors.
e. Any organization and subsidiary thereof which you control and actively manage on the
effective date of this Coverage Part.
However, the insurance afforded bye. above, for any organization and subsidiary thereof not
named in the Declarations as a Named Insured, does not apply to injury or damage with respect
to which an insured under this Coverage Part is also an insured under another policy, or would be
an insured under such policy but for its termination or the exhaustion of its limits of insurance.
Page 2 of 5
Includes copyright material of the Insurance Services Office, Inc. used with its permission.
PI-NP-003 (9/03)
E. Duties In The Event Of Occurrence, Claim Or Suit
1. The requirement in condition 2.a. (Conditions, Section IV) that you must see to it that we are
notified as soon as practicable of an "occurrence" or an offense, applies only when the
"occurrence" or offense is known to:
(a) You, if you are an individual;
(b) A partner, if you are a partnership; or
(c) An executive officer or insurance manager, if you are a corporation.
2. The requirement in condition 2.b. that you must see to it that we receive notice of a claim or "suir'
as soon as practicable will not be considered breached unless the breach occurs after such claim
or "suir' is known to:
(a) You, if you are an individual;
(b) A partner, if you are a partnership: or
(c) An executive officer or insurance manager, if you are a corporation.
F. Advertising Injury. Televised Or Videotaped Publication
1. The definition of "Personal and advertising injury" items 14. (d),(e),(f) and (g) is changed to read:
"Personal and Advertising injury" means injury arising out of one or more of the following
offenses:
d. Oral, written, televised or videotaped publication of material that slanders or libels a person or
organization or disparages a person's or organization's goods, products or services;
e. Oral, written, televised or videotaped publication of material that violates a person's right of
privacy;
f. Missappropriation of advertising ideas or style of doing business; or
g. Infringement of copyright, title or slogan.
2. Exclusions a.(2) and a.(3) of Coverage 8., Personal And Advertising Injury Liability, are changed
to read:
a. (2) Arising out of oral, written, televised or videotaped publication of material, if done by or at
the direction of the insured with knowledge of its falsity;
a. (3) Arising out of oral, written, teievised or videotaped publication of material whose first
publication took place before the beginning of the policy period.
G. Bodily Injury. Mental Anguish
The definition of "bodily injury" is changed to read:
"Bodily Injury":
a. Means bodily injury, sickness or disease sustained by a person, and includes mental anguish
resulting from any of these; and
b. Except for mental anguish, includes death resulling from the foregoing (item a. above) at any time.
H. Personal Injury . Abuse Of Process/Discrimination
If Personal and Advertising Injury Liability Coverage (Coverage S.) is not otherwise excluded from this
Coverage Part:
1. The definition of "Personal and advertising injury" is changed by:
a. Revising item b. of that definition to read:
Malicious prosecution or abuse of process:
b. Adding the following:
"Personal Injury" also means discrimination based on race, color, religion, sex, age or national
origin, except when:
(1) Done intentionally by or at the direction of, or with the knowledge or consent of:
(a) Any insured; or
(b) Any executive officer, director, stockholder, partner or member of the insured; or
(2) Directly or indirectly related to the employment, former or prospective employment,
termination of employment, or apptication for employment of any person or persons by an
insured: or
Page 3 of 5
Includes copyrighl material of lhe Insurance Services Office, Inc. used with its permission.
PI-NP-003 (9/03)
(3) Directly or indirectly related to the sale, rental, lease or sub-lease or prospective sales,
rental, lease or sub-lease of any room, dwelling or premises by or at the direction of any
insured; or
(4) Insurance for such discrimination is prohibited by or held in violation of law, public policy,
legislation, court decision or administrative ruling.
The insurance afforded by H. l.b. above does not apply to fines or penalties imposed because of
discrimination.
I. Unintentional Failure To Disclose Hazards
It is agreed that, based on our reliance on your representations as to existing hazards, if you should
unintentionally fail to disclose all such hazards prior to the beginning of the policy period of this
Coverage Part, we shall not deny coverage under this Coverage Part because of such failure.
J. Liberalization
If we revise this endorsement to provide more coverage without additional premium charge, we will
automatically provide the additional coverage to all endorsement holders as of the day the revision is
effective in your state.
K. Employee Indemnification Defense Coverage
Under SUPPLEMENTARY PAYMENTS - COVERAGES A AND B the following is added:
3. We will pay on your behalf defense costs incurred by an "employee" in a criminal proceeding.
However, you must have a prior written agreement with such "employee" whereby you agree to
indemnify the "employee" for such defense costs and the agreement includes a provision for
repayment of defense costs in the event of an adverse judgement.
The most we will pay for any "employee" who is alleged to be directly involved in a criminal
proceeding is $25,000 regardless of the number of employees, claims or "suits" brought or persons
or organizations making claims or bringing "suits."
L. Extended "Property Damage"
SECTION I - COVERAGES, COVERAGE A, 2. Exclusions a. is deleted and replaced by the
following:
a. Expected or Intended Injury
"Bodily Injury" or "Property Damage" expected or intended from the standpoint of the insured. This
exclusion does not apply to "bodily injury" or "property damage" resulting from the use of
reasonable force to protect persons or property.
M. Additional Insured- Funding Source
Under SECTION II - WHO IS AN INSURED the following is addded:
5. Any person or organization with respect to their liability arising out of:
a. Their financial control of you; or
b. Premises they own, maintain or control while you lease or occupy these premises.
This insurance does not apply to structural alterations, new construction and demolition operations
performed by or for that person or organization.
N. Additional Insured- Managers or Lessors of Premises
Under SECTION II - WHO IS AN INSURED the following is added:
6. Any person or organization with respect to their Iiabilily arising out of the ownership, maintenance
or use of that part of the premises leased to you subject to the following additional exclusions:
This insurance does not apply to:
a. Any "occurrence" which takes place after you cease to be a tenant in that premises.
b. Structural alterations, new construction or demolition operations performed by or on behalf of
that person or organization.
O. Non-owned Watercraft
SECTION I - COVERAGES, 2.Exclusions, paragraph g. (2) is amended to read as follows:
(2) A watercraft you do not own that is:
Page 4 of 5
Includes copyright material of the Insurance Services Office, Inc. used with its permission.
PI-NP-003 (9/03)
(a) Less than 58 feet long; and
(b) Not being used to carry persons or properly for a charge;
This provision applies to any person, who with your consent. either uses or is responsible for the
use of a watercraft.
This insurance is excess over any other valid and collectible insurance available to the insured
whether primary. excess or contingent.
Page 5 of 5
Includes copyright material of lhe Insurance Services Office, Inc. used with its permission.
CERTHOLDER COpy
STATE
COMPENSATION
INSURANCE
FUND
P.O. BOX 420807, SAN FRANCISCO,CA 94142-0807
CERTIFICATE OF WORKERS' COMPENSATION INSURANCE
ISSUE DATE: 02-01-2007
GROUP: 000488
POLICY NUMBER: OOOD626-2006
CERTIFICATE 10: 5
CERTIFICATE EXPIRES: 02-01-2008
02-01-2007/02-01-2008
CITY OF SANTA ANA CD6G M-25
COMMUNITY DEVELOPMENT AGENCY
P.O. 60X 1988 M-25
SANTA ANA, CA 92702
SP
<lOB:RE: FUNDING
This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the
California Insurance Commissioner to the employer named below for the policy period indicated.
This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer.
We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration.
This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded
by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document
with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance
afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy.
a::::REPRESENTATI
EMPLOYER'S LIABILITY LIMIT INCLUOING OEFENSE COSTS:
~
PRESIDENT
$1,000,000 PER OCCURRENCE.
ENDORSEMENT #2065 ENTITLEO CERTIFICATE HOLOERS' NOTICE EFFECTIVE 02-01-2005 IS
ATTACHEO TO ANO FORMS A PART OF THIS POLICY.
EMPLOYER
TEEN CHALLENGE OF SO CA , INC
5445 CHICAGO AVE
RIVERSIOE CA 92507
SP
(REV.2.05)
PRINTED
01-19-2007
~
SP
M0408