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OLIVE CREST 1
IN City of Santa Ana Cierk of the Coune Gore CIS cop ?r! t3 i� l No. oZ®®9— (3y was 'm completed and final payment has been made. Revised 07-2M7 ,A-2o69-13JACIb,Department: ObA �( Phone/Ext.: X 5 U Signature: Date: sp MURANCE ON FILE WORK MAY PROCEED w UNTIL INSURANCE EXPIRES Q _ 1 - -2-0 1 C1 CLERK&OUNNCI ���� �f1ATE. AGREEMENT BETWEEN THE CITY OF SANTA ANA A-2009-134 AND OLIVE CREST TREATMENT CENTERS, INC. FOR THE USE OF HOMELESSNESS PREVENTION AND RAPID REHOUSING GRANT FUNDS (Program Year 2009-10) THIS AGREEMENT, is hereby made and effective this 30th day of September 2009, by and between the City of Santa Ana, a charter city and municipal corporation of the State of California ("CITY") and Olive Crest Treatment Centers, Inc., a California nonprofit organization ("SUBRECIPIENT"). WITNESSETH RECITALS: This AGREEMENT is made with reference to the following facts, among others: 1. The CITY has applied for and anticipates receiving funds from the United States Department of Housing and Urban Development ("HUD") from the Homelessness Prevention Fund, hereafter referred to as the Homelessness Prevention and Rapid Re - Housing Program ("HPRP")," under Title XII of the American Recovery and Reinvestment Act of 2009 ("Recovery Act"), to provide financial assistance and services to either prevent individuals and families from becoming homeless or help those who are experiencing homelessness to be quickly re -housed and stabilized. 2. SUBRECIPIENT has submitted to CITY an application for funding of a housing and community development activity. 3. CITY adopted its FY 2008-09 Annual Action Plan, (hereinafter referred to as "ANNUAL ACTION PLAN"), including any substantial amendments, which sets forth the PROJECT described herein. 4. HUD will annually review the performance of CITY to determine whether CITY has carried out its Homelessness Prevention and Rapid Re -Housing Program ("HPRP") assisted activities in a timely manner and has significantly disbursed HPRP funds. 5. HUD has accepted and certified the aforementioned ANNUAL ACTION PLAN. 6. CITY approved an allocation of $250,000 in PROJECT funding to SUBRECIPIENT for the Fiscal Years 2009-2012. 7. The CITY and SUBRECIPIENT have duly executed this AGREEMENT for the Page 1 of 28 expenditure and utilization of said funds. NOW, THEREFORE, 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 SUBRECEPIENT: I. AGREEMENT FORM This AGREEMENT consists of: The following provisions; A. All applicable Federal Regulations and any future regulations and/or amendments that may be promulgated by HUD; including 24 CFR 576; and B. Appropriate State and CITY laws and regulations; and C. The SUBRECIPIENT SCOPE OF SERVICES is incorporated by reference and attached as Exhibit A, and further referenced in Section IX.D of this AGREEMENT; and D. The approved SUBRECIPIENT BUDGET is incorporated by reference and attached as Exhibit B, and further referenced in Section VI.E. of this AGREEMENT; and E. The SUBRECIPIENT Request for Proposal ("RFP") application, is incorporated by reference, and further referenced in Section IX.E of this AGREEMENT; and F. The United States Department of Housing and Urban Development [Docket No. FR-5307-N-01] Notice of Allocations, Application Procedures, and Requirements for Homelessness Prevention and Rapid Re -Housing Program Grantees under the American Recovery and Reinvestment Act of 2009 is incorporated by reference and attached as Exhibit C. G. Grant Agreement No.S09-MY-06-0508 between the United States Department of Housing and Urban Development and the CITY. II. DEFINITIONS For the purposes of this AGREEMENT the following definitions shall apply: A. HUD: United States Department of Housing and Urban Development. B. CITY MANAGER: Representative on behalf of the City - City Manager or his/her designee. C. EQUIPMENT: Tangible, non -expendable, personal property having a useful Page 2 of 28 life of more than one year. D. MONTHLY, QUARTERLY and ANNUAL PERFORMANCE REPORTS ("MPR"), ("QPR") AND ("APR"), respectively: A PROJECT activity data document provided by CITY to SUBRECIPIENT used to monitor and track the performance of SUBRECIPIENT. E. PROJECT: Any site or sites, including buildings, and/or activities assisted with federal program funds. F. OMB: Federal Office of Management and Budget. G. CAPER: Consolidated Annual Performance and Evaluation Report; an annual report to HUD on all CITY housing and community development activities. H. SUBSTANTIAL AMENDMENT: The CITY will consider a change in project scope as a "substantial amendment" under the following circumstances: 1. CITY or SUBRECIPIENT decides not to carry out an activity previously described in the Annual Action Plan; 2. CITY or SUBRECIPIENT carries out an activity not previously described in the Annual Action Plan; 3. CITY or SUBRECIPIENT changes the purpose, scope, location or beneficiaries of an activity; 4. CITY or SUBRECIPIENT changes the use of HPRP funds from one eligible activity to another; and 5. CITY or SUBRECIPIENT changes of 30% or more in one program activity. I. Integrated Disbursement and Information System (IDIS) is utilized to draw down HPRP funding and report on grant expenditures. J. DUNS Number: SUBRECIPIENT is required to register with Dun and Bradstreet to obtain a DUNS number www.dnd.com. A DUNS number is a unique 9 (nine) digit number provided to SUBRECIPIENTS who are receiving Federal AGREEMENTS and/or grants. K. Homeless Management Information System/Client Management Information System ("HMIS/CMIS") is a system for tracking the use of homeless programs and producing an unduplicated count of the people using those services. L. Homelessness Prevention and Rapid Re -Housing Program ("HPRP"): The Page 3 of 28 purpose of the HPRP is to provide homelessness prevention assistance to households who would otherwise become homeless —many due to the economic crisis —and to provide assistance to rapidly re -house persons who are homeless as defined by section 103 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11302). M. Administrative Costs: Eligible costs include accounting, reporting, auditing and staff training. III. CONDITIONS OF FUNDING A. CITY advises SUBRECIPIENT that a significant change in entitlement funding may result in a change in the current process utilized by CITY to determine funding allocations. SUBRECIPIENT acknowledges that the obligation of the CITY is contingent upon the availability of Federal, State or local Government funds, which are appropriated or allocated for the payment of such an obligation. If funding levels are significantly affected by Federal budgeting or if funds are not allocated and available for the continuance of the function performed by SUBRECIPIENT, this AGREEMENT may be terminated by the CITY at the end of the period for which funds are available. The CITY shall notify SUBRECIPIENT at the earliest possible time of any service, which may be affected by a shortage of funds. No penalty shall accrue to the CITY in the event this provision is exercised and the CITY shall not be liable for any damages as a result of termination under this provision of this AGREEMENT. Nothing herein shall be construed as obligating the CITY to expend funds in excess of appropriations authorized by law. B. SUBRECIPIENT shall allow representatives of the CITY of SANTA ANA or HUD to inspect facilities which are used in connection with the AGREEMENT or which implement programs funded under this AGREEMENT. C. SUBRECIPIENT shall maintain any applicable licenses or permits, and meet any facility code regulations required for the program(s) funded under the AGREEMENT. D. No costs incurred prior to the execution of this AGREEMENT shall be eligible for reimbursement with Grant Funds. IV. TERM A. Eligible costs related to services provided by SUBRECIPIENT must be incurred during the period beginning September 30, 2009. The PROJECT shall be completed and all funds provided through this AGREEMENT shall be expended on Page 4 of 28 eligible project activities prior to June 30, 2012. CITY will reclaim any unused balance of funds for reallocation to other CITY approved projects. B. Grant funds must be used for eligible activities as described in the HPRP Notice. SUBRECIPIENT shall limit its use of HPRP program funds as defined in the attached and incorporated SUBRECIPIENT SCOPE OF SERVICES to one or more of the following: 1. Financial assistance: Eligible activities include short and medium - term rental assistance payments, security deposits, utility deposits, utility payments, moving cost assistance and motel/hotel vouchers. 2. Housing Relocation and Stabilization Services: Eligible activities include case management services, outreach to and engagement of eligible program participants, housing search and placements, legal services to help people stay in their homes and credit repair. 3. Data Collection: the costs of operating data collection and reporting thought the use of HMIS or a comparable client -level database. Evaluation is also an eligible cost if the CITY or SUBRECIPIENT is asked by HUD to participate in HUD - sponsored research and evaluation. 4. Administration: Eligible costs include accounting, reporting, auditing and staff training. No other use of these funds will be permissible. V. AMENDMENTS/ BUDGET REVISIONS A. CITY, through the City Manager, without further action by the City Council (hereinafter referred to as "Council") and SUBRECIPIENT may by mutual agreement amend this AGREEMENT and/or incorporated SUBRECIPIENT SCOPE OF SERVICES, at any time, up to 45 (forty-five) days prior to AGREEMENT expiration, provided that the proposed action is (1) not a Substantial Amendment as defined by Section II.H of this AGREEMENT (2) makes specific reference to this AGREEMENT, (3) is executed in writing and signed by a duly authorized representative of the SUBRECIPIENT's organization. SUBRECIPIENT's written request to amend must include a revised budget for funds being extended, if that scope of work is different in scope from the originally agreed upon SUBRECIPIENT SCOPE OF SERVICES. SUBRECIPIENT must also Page 5 of 28 comply with the original thresholds and milestones outlined in Section VIII.C. herein. Any proposed amendment to this AGREEMENT shall be submitted to the City Manager, and approved by the City Manager prior to commencement of any activity covered by said amendment. B. SUBRECIPIENT agrees that CITY may, at its sole discretion, amend this AGREEMENT to conform with federal, state or local governmental guidelines (as amended from time to time), policies and available funding amounts. C. If any amendment results in a change in the funding amount, SUBRECIPIENT SCOPE OF SERVICES, threshold and milestone dates or schedule of activities to be undertaken as part of this AGREEMENT, such modifications will be incorporated only by written amendment executed by City Manager and SUBRECIPIENT. D. SUBRECIPIENT shall not obligate, encumber, spend or otherwise utilize HPRP funds for any activity or purpose not included or not in conformance with the BUDGET as apportioned and as submitted to the CITY unless: 1. The SUBRECIPIENT has received explicit written approval from the CITY to undertake such actions, or 2. Budget changes may be among approved project activities and among approved budget categories so long as the specific project activity has been approved, there is no change to the total grant amount, and the changes to the budget are documented. VI. PAYMENTS A. AGREEMENT Amount It is expressly agreed and understood that the total amount to be paid by CITY under this AGREEMENT shall not exceed $250,000 as specified in SUBRECIPIENT's BUDGET (Exhibit B). Reimbursement for the payment of eligible project expenses shall be made in accordance with the line items specified in Exhibit B of SUBRECIPIENT's BUDGET. B. Funds from CITY to SUBRECIPIENT shall be disbursed subsequent to availability of funds from HUD to CITY. SUBRECIPIENT acknowledges that HUD funds are not meant to replace or supplant other sources of funding. C. Funds shall not be disbursed for any costs incurred prior to the certification by CITY and/or HUD of Certificate(s) of Insurance, as further defined in Section VII and Page 6 of 28 Section XII of this AGREEMENT. D. Payment of Project Activities 1. CITY will reimburse SUBRECIPIENT for eligible project -related costs only. SUBRECIPIENT shall submit requests for reimbursement to CITY on a monthly basis beginning on October 20, 2009, and must provide adequate documentation as required by CITY. In addition, SUBRECIPIENT will provide a progress performance report (i.e., Monthly Performance Report, hereinafter referred to as "MPR" Information Form, Quarterly Performance Report, hereinafter referred to as "QPR" Information Form, and Annual Performance Report, hereinafter referred to as "APR" Information Form) for the time period covered, as prescribed by CITY. Failure to provide any of the required documentation and reporting will cause CITY to withhold all or a portion of a request for reimbursement, or return the entire reimbursement package to SUBRECIPIENT, until such documentation and reporting has been received and approved by CITY. 2. If SUBRECIPIENT has no request for reimbursement during any month during the term of this AGREEMENT, a MPR or QPR, including an explanation as to why no invoices were being processed, shall be required in lieu of a request for reimbursement. 3. The following "Required Expenditure Threshold" criteria have been established to guide the SUBRECIPIENT in structuring and scheduling their expenditure of funds received through this AGREEMENT. The criteria thresholds below are consistent with the criteria used by CITY to determine performance including, but not limited to, determinations of future award of funds, additional funding requests and/or determinations for the recapture of funding. 4. The breakdown below represents AGREEMENT end date of June 30, 2012. Milestone Dates September 20, 2010 June 20, 2011 September 20, 2011 February 20, 2012 June 20, 2012 Minimum Required Expenditure Threshold 30-35% of contracted Amount Expended 50-55% of contracted Amount Expended 60% of contracted Amount Expended 85-90% of contracted Amount Expended 100% of contracted Amount Expended Page 7 of 28 5. SUBRECIPIENT will have thirty (30) days following the expiration of the AGREEMENT to submit outstanding invoices for reimbursement of eligible costs incurred during the AGREEMENT period or on an annual basis as determined by CITY. After the thirty (30) day period for submitting invoices has expired, CITY shall reallocate the remaining balance under this AGREEMENT for other program purposes and HPRP activities to another program and SUBRECIPIENT shall be ineligible for any further reimbursement. 6. SUBRECIPIENT shall further be responsible for SUBRECIPIENT's BUDGET which is incorporated by reference, and attached as Exhibit B. 7. CITY may, in its absolute discretion, withhold payment of a request submitted by SUBRECIPIENT if the costs requested are disproportionate to the number of persons served. 8. Requests for administrative costs shall not exceed .025% of the total payment request. E. Reallocation of funds, Termination. Suspension, Conditions. If, due to any cause, the SUBRECIPIENT fails to comply with the terms, conditions or requirements of this AGREEMENT, the CITY may terminate or suspend this AGREEMENT by giving written notice of the same and specifying the effective date of termination or suspension at least thirty (30) days prior to such action. In the case of AGREEMENT violations by the SUBRECIPIENT, the CITY may request that all or some of the grant funds be returned even if the SUBRECIPIENT has expended the funds. The request will be made in writing. The SUBRECIPIENT agrees to return such funds as requested by the CITY within thirty (30) days of receipt of the written request. Any objections regarding terminations or suspensions shall be made by the SUBRECIPIENT in writing and mailed to the following: Community Development Agency P.O. Box 1988 20 Civic Center Plaza (M-25) Santa Ana, CA 92702 Attn: Deputy City Manager for Development Services VII. GENERAL ADMINISTRATION A. SUBRECIPIENT shall provide the oversight, administration and project management necessary to accomplish all contracted activities in a timely manner. Page 8 of 28 SUBRECIPIENT also agrees to comply with all applicable federal, state and local laws and regulations governing the funds provided under this AGREEMENT. B. Independent Contractor Nothing contained in this AGREEMENT is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. SUBRECIPIENT and its subcontractors shall at all times remain independent contractors with respect to the services to be performed under this AGREEMENT. CITY shall be exempt from payment of any Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers' Compensation Insurance as SUBRECIPIENT is an independent contractor. C. Hold Harmless SUBRECIPIENT shall hold harmless, defend with counsel approved in writing by CITY and indemnify CITY, its officials, officers, employees, and agents from any and all claims, actions, suits, charges and judgments whatsoever including but not limited to personal injury or property damage that arise out of SUBRECIPIENT's and/or its subcontractor's use of funds, performance or nonperformance of the project and/or scope of work called for in this AGREEMENT. D. Assignability SUBRECIPIENT shall not assign or transfer any interest in this AGREEMENT without the prior written consent of CITY. E. Subcontracts 1. SUBRECIPIENT shall submit all subcontract agreements to CITY for review and consent prior to entering into such subcontracts. 2. SUBRECIPIENT shall assume responsibility for all subcontracted services to assure AGREEMENT compliance. 3. SUBRECIPIENT shall cause this AGREEMENT, in its entirety, to be included in and made a part of any subcontract executed in the performance of this AGREEMENT. 4. SUBRECIPIENT shall monitor all subcontracted services on a monthly basis to assure AGREEMENT compliance. Results of said monitoring efforts shall be summarized in written form, and supported with documented evidence of follow- up action(s) to correct any area(s) of AGREEMENT non-compliance. Documentation Page 9 of 28 shall be made available for periodic monitoring by representatives of CITY and/or HUD. F. Fair Housing SUBRECIPIENT shall affirmatively further fair housing opportunities in accordance with 24 CFR 5.105(a). G. Insurance No costs shall be incurred and no funds shall be disbursed prior to written approval by CITY of insurance fulfillment. 1. SUBRECIPIENT, at its own expense, agrees to deposit with CITY prior to the execution and provision of services under this AGREEMENT, Certificates of Insurance, including all endorsements required herein, necessary to satisfy CITY that the insurance provisions of this AGREEMENT have been complied with, and to keep such insurance and the certificates therefore on deposit with CITY during the entire term of this AGREEMENT. In addition, all contractors and subcontractors performing work on behalf of SUBRECIPIENT pursuant to this AGREEMENT shall be covered under SUBRECIPIENT's insurance or shall obtain insurance subject to the same terms and conditions as set forth herein for SUBRECIPIENT. SUBRECIPIENT shall require that any contractor or subcontractor working for SUBRECIPIENT have the insurance required by this section and not allow contractors or subcontractors to work if the contractors or subcontractors have less than the level of coverage required by the CITY under this AGREEMENT. SUBRECIPIENT shall provide notice of the insurance requirements to every contractor or subcontractor, and to receive proof of insurance prior to allowing any contractor or subcontractor to begin work. Such proof of insurance must be maintained by SUBRECIPIENT through the entirety of this AGREEMENT for inspection by CITY representative at any reasonable time. SUBRECIPIENT shall be responsible for reimbursement of any deductible to the insurer. Any self -insured retentions (SIRs) or deductibles shall be clearly stated on the Certificate of Insurance. 2. SUBRECIPIENT shall maintain insurance acceptable to CITY in full force and effect throughout the term of this AGREEMENT. If SUBRECIPIENT fails to maintain insurance acceptable to CITY for the full term of this AGREEMENT, CITY may terminate this AGREEMENT. 3. The policy or policies of insurance must be issued by an insurer licensed to do business in the State of California (California Admitted Carrier). Page 10 of 28 4. SUBRECIPIENT will file with CITY, prior to the commencement of performance of services under this AGREEMENT, an original Certificate of Insurance and all required endorsements evidencing that coverage required by this AGREEMENT is in effect. 5. If the carrier is a non -admitted carrier in the State of California, the CITY Attorney retains the right to approve or reject carrier after a review of the company's performance and financial ratings. 6. The policy or policies of insurance maintained by SUBRECIPIENT shall provide the minimum limits and coverage as set forth herein below: Coverage Commercial General Liability to include a Broad Form Property Damage Endorsement and Contractual Liability Automobile Liability including coverage for all owned, non -owned and hired vehicles Workers' Compensation Employer's Liability Sexual Misconduct Liability Minimum Limits $1,000,000 combined single limit per occurrence $2,000,000 Aggregate $1,000,000 combined single limit per occurrence Statutory $1,000,000 per occurrence $1,000,000 per occurrence 7. Each insurance policy required by this AGREEMENT shall be endorsed to contain the following provisions: a. This insurance shall not be changed, cancelled, limited in scope of coverage or non -renewed until after 30 days written notice has been given to CITY (Endorsement must be attached to Certificate of Insurance). If a 30-day notice of cancellation endorsement is not received, the cancellation clause must include language as follows which edits the pre-printed ACORD certificate: SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR O MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUTFAILURE n-MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE ;O vn ANy, ITS AGENT O R 1 PRESFAITrn-r�-c/�T1 -E Page 11 of 28 b. All rights of subrogation are hereby waived against CITY, its officials, officers, agents and employees when acting within the scope of their employment or appointment. (Endorsement must be attached to Certificate of Insurance). C. With respect to the operations of the named insured, operations performed on behalf of CITY, CITY shall be added as an additional insured on all insurance policies required by this AGREEMENT except for Workers' Compensation/Employers' Liability. (Endorsement must be attached to Certificate of Insurance). d. SUBRECIPIENT is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for Worker's Compensation or be self -insured in accordance with the provisions of that code. The SUBRECIPIENT will comply with such provisions and shall furnish the CITY satisfactory evidence of such compliance for the period of this AGREEMENT, statutory Worker's Compensation Insurance and Employer's Liability Insurance with minimum limits of $1,000,000 per occurrences. e. It is agreed that any insurance maintained by CITY will apply in excess of, and not contribute with, insurance provided by these policies. (Endorsement must be attached to Certificate of Insurance for the General Liability policy and Sexual Misconduct Liability policy). f. Commercial General Liability policy shall contain a severability of interests clause. 8. Insurance information shall be submitted to: City of Santa Ana Community Development Agency P.O. Box 1988 20 Civic Center Plaza (M-25) Santa Ana, California 92702 9. CITY expressly retains the right to require SUBRECIPIENT to increase or decrease insurance of any of the above insurance types throughout the term of this AGREEMENT. Any increase or decrease in insurance will be deemed by CITY Attorney as appropriate to adequately protect the CITY. In addition, the City Attorney retains the right to require additional insurance coverage as may be deemed appropriate to adequately protect CITY. CITY's requirements shall be reasonable and shall be designed to assure protection from and against the kind and extent of risks which exist at Page 12 of 28 the time a change in insurance is required. 10. CITY shall notify SUBRECIPIENT in writing of changes in the insurance requirements. If SUBRECIPIENT does not deposit copies of acceptable certificates of insurance and endorsements with CITY incorporating such changes within thirty (30) days of receipt of such notice, this AGREEMENT may be in default without further notice to SUBRECIPIENT, and CITY shall be entitled to all legal remedies. The procuring of such required policy or policies of insurance shall not be construed to limit SUBRECIPIENT's liability hereunder nor to fulfill the indemnification provisions and requirements of this AGREEMENT. 11. INDEMNIFICATION PROVISIONS SUBRECIPIENT agrees to indemnify, defend with counsel approved in writing by CITY, and hold CITY, its officials, officers, employees, and agents harmless from any claims, demands or liability of any kind or nature, including but not limited to personal injury or property damage, arising from or related to the services, products or other performance provided by SUBRECIPIENT pursuant to this AGREEMENT. If judgment is entered against SUBRECIPIENT and CITY by a court of competent jurisdiction because of the concurrent active negligence of CITY or CITY INDEMNITEES, SUBRECIPIENT and CITY agree that liability will be apportioned as determined by the court. 12. If an applicant knowingly and willfully submits false performance or other data, the CITY reserves the right to reject that proposal. If it is determined that an AGREEMENT was awarded as a result of false performance or other data submitted in response to this application, the CITY reserves the right to terminate that AGREEMENT. 13. SUBRECIPIENT shall be required to submit to the CITY, or its designee, periodic status reports, including program expenditures and recipient information. Failure to do so may result in termination of the AGREEMENT. 14. SUBRECIPIENT acknowledges that, as recipients of Federal Funds they will be required to comply with Federal regulations pertaining to the use of such funds. All regulations will be enumerated in the AGREEMENT and will be incorporated by reference. It will be the SUBRECIPIENT's responsibility to assure compliance with applicable regulations. 15. The Grant Agreement between HUD and the CITY shall be incorporated by reference into all agreements between the CITY and the Page 13 of 28 SUBRECIPIENT. 16. SUBRECIPIENT will ensure an annual financial audit is performed in compliance with the Federal Single Audit Act and will submit a copy of the audit report to the CITY within six months of the end of the SUBRECIPIENT's fiscal year. 17. LICENSING. SUBRECIPIENT shall obtain and maintain all required licenses, registrations, accreditation or permits, and meet all code regulations required for the program(s) funded under the AGREEMENT. Such licensing requirements include obtaining a City business license, as applicable. 18. SUBRECIPIENT shall use reporting software as specified by the CITY. 19. SUBRECIPIENT shall participate in information networking, training, and coordination meetings as may be provided by the CITY. 20. SUBRECIPIENT shall cooperate with related research and evaluation activities as may be required by the CITY. 21. SUBRECIPIENT shall comply with all AGREEMENT conditions and with any future regulations that may be promulgated by HUD. Failure to comply with any and all of HUD regulations may result in termination of this AGREEMENT. 22. ZONING. SUBRECIPIENT agrees that any facility/property used in furtherance of said program/project 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 or state or federal rules and regulations relating thereto, SUBRECIPIENT shall immediately make good -faith efforts to gain compliance with local, state or federal rules and regulations following written notification of said violation(s) from the CITY or other authorized citing agency. SUBRECIPIENT shall notify CITY immediately of any pending violations. Failure to notify CITY of pending violations, or to remedy such known violation(s) shall result in termination of grant funding hereunder. SUBRECIPIENT must make all corrections required to bring the facility/property into compliance with the law within sixty (60) days of notification of the violation(s); failure to gain compliance within such time shall result in termination of grant funding hereunder. H. Grantor Recognition SUBRECIPIENT shall insure recognition of the role of the CITY in providing Page 14 of 28 services through this AGREEMENT. All activities, facilities and items utilized pursuant to this AGREEMENT shall be prominently labeled as to funding source. In addition, SUBRECIPIENT will include a reference to the support provided herein in all publications made possible with funds made available under this AGREEMENT. SUBRECIPIENT will retain documentation of such recognition, which shall be available for periodic monitoring by representatives of CITY or HUD. I. Records to be Maintained SUBRECIPIENT shall maintain all records that are pertinent to the activities to be funded under this AGREEMENT. CITY shall have access for purposes of monitoring, auditing, and examining SUBRECIPIENT's activities and performance, to books, documents and papers, and the right to examine records of SUBRECIPIENT's subcontractors, bookkeepers and accountants, employees and participants with regard to said program. In the event SUBRECIPIENT does not make such records available within the City of Santa Ana, SUBRECIPIENT agrees to pay all necessary and reasonable expenses incurred by CITY in conducting any audit at the location where such records are maintained. Such records shall include, but not be limited to: applied; 1. Records providing a full description of each activity undertaken; 2. Financial records illustrating appropriate accounting principles 3. Records providing income and ethnicity of each beneficiary of the activity being undertaken; 4. Records and reports (including those pertaining to race, ethnicity, gender, and disability status data) that HUD may require within the timeframe required. 5. Records accounting for staff time and activities relating to HPRP expenditures and draw requests; and 6. Any other records necessary to demonstrate compliance with HPRP Notice and ARRA. J. Retention SUBRECIPIENT shall retain all records pertinent to expenditures incurred under this AGREEMENT for a period of five (5) years after the termination of all activities funded under this AGREEMENT, or after the resolution of all Federal audit findings, which ever occurs later. Records for non -expendable property acquired with funds under this Page 15 of 28 AGREEMENT shall be retained for five (5) years after final disposition of such property. Records for any displaced person must be kept for five (5) years after s/he has received final payment. Notwithstanding the above, if there are litigations, claims, audits, negotiations, or other actions that involve any of the records, the records must be retained until completion of the actions and resolution of all issues, or the expiration of the five year period, whichever occurs later. K. Client Data 1. SUBRECIPIENT shall maintain client data demonstrating client eligibility for services provided for a period of five (5) years after the termination of all activities funded under this AGREEMENT, or after the resolution of all Federal audit findings, whichever occurs later. Such data shall include, but not be limited to, client name, address, verifiable income level (as documented by income tax returns, employee payroll records, retirement statements, etc., or other third party documentation acceptable to CITY, for determining eligibility), and description of service provided. Such information shall be made available to HUD representatives, CITY monitors, or their designees, for review upon request. 2. SUBRECIPIENT shall develop and implement procedures to ensure the confidentiality of records pertaining to any individual provided family violence prevention or treatment services under any PROJECT assisted under the subject program, including protection against the release of the address or location of any family violence shelter project, except with the written authorization of the person responsible for the operation of the shelter. 3. SUBRECIPIENT is required to actively participate and enter into the CITY's local Homeless Management Information System/Client Management Information System (HMIS/CMIS) all required client data on a monthly basis. The HMIS/CMIS is a system for tracking the use of homeless programs and related activities producing an unduplicated count of the people using those services. L. Property Records SUBRECIPIENT shall maintain real property inventory records which clearly identify properties improved. Properties retained shall continue to meet eligibility criteria, rental limitations, health, safety and building codes according to federal, state and local requirements, as amended from time to time. Page 16 of 28 M. Close -Out SUBRECIPIENT's obligation to CITY shall not end until all close-out requirements are completed. Activities during this close-out period shall include, but are not limited to: making final payments; submitting final invoice(s), report(s), in accordance with the requirements of paragraph VI.D.5 above, and documentation; disposing of program assets (including the return to CITY of all unused materials and equipment); remitting any receivable accounts to CITY, and determining the custodianship of records. N. Equipment 1. SUBRECIPIENT shall use, manage and dispose of equipment in accordance with 24 CFR 85.32. All program assets (unexpended program income, property, equipment, etc.) shall revert to the CITY upon termination of this Agreement. O. Assistance Provided. 1. Property. The parties agree that the HPRP assistance cannot be provided to a Subrecipient if funding is already being provided through another federal, state, or local housing subsidy program. Properties owned by Subrecipients with recorded covenants at the time of execution of this Agreement cannot be used or counted for the purposes of this HPRP Agreement. Subrecipients shall provide the CITY with a detailed list of properties that it owns within the City of Santa Ana and County of Orange that have received federal and/or state funding and are encumbered by recorded covenants. 2. Rental Subsidy. Rental assistance payments cannot be made on behalf of eligible individuals or families for the same period of time and for the same cost types that are being provided through another federal, state or local housing subsidy program. If a participant is receiving rental assistance under another program (either a full or partial subsidy) HPRP funds may not be used for rental assistance during that same time period. P. When the SUBRECIPIENT provides assistance to a participant under a particular HPRP program or category, that establishes the participant's status throughout the HPRP assistance term. VIII. PERFORMANCE A. SUBRECIPIENT shall comply with all applicable HUD regulations, as Page 17 of 28 described in Section VII of this AGREEMENT, concerning administrative requirements and maintain records as to services provided and total number of persons served through the PROJECT, including but not limited to, population -served analysis (i.e. extremely -low income persons, very -low income persons, and low-income persons as defined by HUD). Such information shall be available for periodic monitoring by representatives of CITY or HUD and shall be submitted by SUBRECIPIENT in report form to CITY by dates specified by CITY and specified in section VI.C.1 &2 of the attached Exhibit C. B. SUBRECIPIENT shall submit quarterly reports to CITY within ten (10) days prior to the end of quarter. Failure to receive reports in a timely manner will result in non- compliance of the AGREEMENT. C. The following "Performance Threshold" criteria shall be used to assess the level of performance of the SUBRECIPIENT. Furthermore, the criteria will be considered by the CITY when determining continued and future funding. In order to be considered in compliance with the following performance criteria, the SUBRECIPIENT must, on or before the required milestone date, submit to CITY a request for reimbursement which demonstrates that SUBRECIPIENT has expended funds and met their proposed accomplishment goals at the required levels, unless exempted in at the CITY'S discretion. SUBRECIPIENT is required to submit to CITY the Quarterly Performance Report (QPR), within ten (10) days prior to the end of quarter. In addition SUBRECIPIENT is required to accomplish the minimum expenditure and accomplishment thresholds. Milestone Dates Minimum Required Threshold September 20, 2010 30-35% of contracted Amount Expended 30-35% of Proposed Accomplishments Met June 20, 2011 50-55% of contracted Amount Expended 50-55% of Proposed Accomplishments Met September 20, 2011 60% of contracted Amount Expended 60% of Proposed Accomplishments Met February 20, 2012 85-90% of contracted Amount Expended 85-90% of Proposed Accomplishments Met June 30, 2012 100% of contracted Amount Expended 100% of Proposed Accomplishments Met Page 18 of 28 Failure to achieve any of the aforementioned drawdown goals, without written exception approved by the CITY, may cause any remaining balance in this AGREEMENT to be reclaimed by CITY, and will negatively affect future funding to SUBRECIPIENT. Failure to achieve any of the aforementioned accomplishment goals, without written exception of the CITY, may cause any remaining balance in this AGREEMENT to be reclaimed and re -allocated by CITY, and will negatively affect continued and future funding to SUBRECIPIENT. D. Should the activity being funded through this AGREEMENT be completed, canceled or terminated prior to the termination date set forth herein in Section IV. A., SUBRECIPIENT shall complete and submit Monthly Performance Reports (MPR), Quarterly Performance Report (QPR) and/or an Annual Performance Report (APR) at the time of the completion, cancellation or termination. Said MPR, QPR and APR Information Form shall consist of a cumulative reporting of project -related expenditure and accomplishments relative to the attached. If activity funded through this AGREEMENT is completed, or if funds allocated through this AGREEMENT are fully expended, prior to end of AGREEMENT term, SUBRECIPIENT shall continue to serve its clients for the entire term of this AGREEMENT. E. SUBRECIPIENT shall complete and submit a MPR or QPR in support of all requests for reimbursement. Said QPR shall consist of a cumulative report of project - related accomplishments relative to attached SUBRECIPIENT SCOPE OF SERVICES for the subject quarter. SUBRECIPIENT shall prepare and submit to CITY a monthly MPR, regardless of actual activity. F. SUBRECIPIENT acknowledges that the MPR and/or QPR Forms are monitoring tools that will be reviewed and evaluated to determine SUBRECIPIENT's level of performance relative to this AGREEMENT. G. SUBRECIPIENT shall complete and submit an Annual Performance Report (APR) Information Form by September 20, following each fiscal year in which this AGREEMENT is in force, or as designated by CITY. H. SUBRECIPIENT shall submit all requested data necessary to complete the Consolidated Annual Performance and Evaluation Report (CAPER), and monitor program accountability and progress in accordance with HUD requirements, in the format and at the time designated by CITY. Page 19 of 28 I. SUBRECIPIENT shall submit all requested data necessary to complete 1). The Integrated Disbursement and Information System (IDIS) to draw down HPRP funding and report on grant expenditures, as specified by CITY; 2). Report client -level data, such as the number of persons served and their demographic information, in the Homeless Management Information System/Client Management Information System (HMIS/CMIS). The HMIS/CMIS is an electronic data collection system that facilitates the collection of information on persons who are homeless or at risk of becoming homeless, that is managed and operated locally; and 3). Monthly, Quarterly and Annual Performance Reports submittals, as specified by CITY. The data collection submittals ensure timely client information and monitor program accountability and progress in accordance with HUD requirements, in the format and at the time designated by CITY. IX. PERFORMANCE MONITORING A. Performance monitoring of SUBRECIPIENT by CITY and/or HUD shall consist of requested and/or required written reporting, as well as onsite monitoring by CITY or HUD representatives. B. CITY shall periodically evaluate SUBRECIPIENT's progress in complying with the terms of this AGREEMENT. SUBRECIPIENT shall cooperate fully during such monitoring. CITY shall report the findings of each monitoring to SUBRECIPIENT. C. CITY shall monitor the performance of SUBRECIPIENT against the goals, outcomes, milestones and performance standards required herein. Substandard performance, as determined by CITY, will constitute non-compliance with this AGREEMENT for which CITY may immediately terminate the AGREEMENT. If action to correct such substandard performance is not taken by SUBRECIPIENT within the time period specified by CITY, payment(s) will be denied in accordance with the provisions contained in Section VI of this AGREEMENT. D. SUBRECIPIENT performance shall be monitored as specified in SUBRECIPIENT's Request for Proposal (RFP) application, which is incorporated by reference. E. SUBRECIPIENT shall perform its services in accordance with SUBRECIPIENT SCOPE OF SERVICES, attached hereto as Exhibit A. CITY shall monitor the performance of the SUBRECIPIENT against goals and performance standards required herein. Substandard performance as Page 20 of 28 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. X. AUDITS If SUBRECIPIENT expends Federal funds in a fiscal year which equal or exceed Five Hundred Thousand Dollars ($500,000) as specified in OMB Circular A-133- Revised, SUBRECIPIENT shall cause an annual agency audit to be prepared at SUBRECIPIENT's expense by a Certified Public Accountant (CPA) who is a member in good standing with the American Institute of Certified Public Accountants (AICPA) of the California Society of CPA's. The audit must be performed in accordance with Generally Accepted Auditing Standards (GAAS) authorized by the AICPA and Federal laws and regulations governing the programs in which it participates. Furthermore, CITY retains the authority to require SUBRECIPIENT to submit a similarly prepared audit at SUBRECIPIENT's expense even in instances when SUBRECIPIENT's expenditure is less than $500,000. SUBRECIPIENT will be required to identify corrective action taken in response to any findings identified by CPA related to their funded activity or program. SUBRECIPIENT shall submit two (2) copies of such audit report, including a copy of the management letter, to CITY within six (6) months of the end of each AGREEMENT year in which SUBRECIPIENT has received federal funding (i.e. July 1 — June 30). Failure to meet this requirement may result in CITY denying reimbursement of funds to SUBRECIPIENT, as well as future funding qualification. SUBRECIPIENTS which are exempt from statutory audit requirements shall maintain records which are available for review by CITY or Federal officials. SUBRECIPIENT acknowledges that any and all "Financial Statements" submitted to CITY pursuant to this AGREEMENT become Public Records and are subject to public inspection pursuant to Sec.6250 et seq. of the California Government Code. XI. FEDERAL ADMINISTRATIVE REQUIREMENTS A. Financial Management 1. Accounting Standards SUBRECIPIENT agrees to comply with Office of Management and Budget (hereinafter referred to as "OMB") Circular A-110 and agrees to adhere to the Page 21 of 28 accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. 2. Cost Principles SUBRECIPIENT shall administer its program in conformance with OMB Circular A-122, "Cost Principles for Non -Profit Organizations". These principles shall be applied for all costs incurred whether charged on a direct or indirect basis. B. Civil Rights 1. Compliance SUBRECIPIENT agrees to comply with Title VI of the Civil Rights Act of 1964, as amended, Title Vill of the Civil Rights Act of 1968, as amended, Section 109 of the Title I of the Housing and Community Development Act of 1974, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, 41 CFR Chapter 60, Executive Order 11063, and with Executive Order 11246, as amended by Executive Orders 11375 and 12086. 2. Nondiscrimination SUBRECIPIENT shall not discriminate against any employee or applicant for employment because of race, color, creed, religion, ancestry, national origin, sex, disability or other handicap, age, marital status, or status with regard to public assistance. SUBRECIPIENT will take affirmative action to insure that all employment practices are free from hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, and termination discrimination. Such employment practices include, but are not limited to, the following: rates of pay or other forms of compensation, and selection for training, including apprenticeship. SUBRECIPIENT agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the CITY setting forth the provisions of this nondiscrimination clause. a. SUBRECIPIENTS must comply with all applicable fair housing and civil rights requirements in 24 CFR 5.105(a). In addition, SUBRECIPIENT must make known that HPRP rental assistance and services are available to all on a nondiscriminatory basis and ensure that all citizens have equal access to information about HPRP and equal access to the financial assistance and services provided under this program. C. Drug -Free Workplace Page 22 of 28 The Drug -Free Workplace Act of 1988 (41 U.S.C. 701, et seq.) and HUD's implementing regulations at 24 CFR part 21 apply to HPRP. D. Affirmative Action SUBRECIPIENT agrees that it shall be committed to carry out an Affirmative Action Program that encompasses the principles provided in President's Executive Order 11246, as revised on January 4, 2002. E. Americans with Disabilities Act SUBRECIPIENT agrees to comply with any federal regulations issued pursuant to compliance with the Americans with Disabilities Act which prohibits discrimination and ensures equal opportunity for persons with disabilities in employment, State and local government services and public accommodations. F. Employment Restrictions 1. Prohibited Activity SUBRECIPIENT is prohibited from using funds provided herein, or personnel employed in the administration of the program, for: political, activities, sectarian or religious activities, lobbying, political patronage, and nepotism activities. 2. OSHA Where employees are engaged in activities not covered under the Occupational Safety and Health Act of 1970, they shall not be required or permitted to work, be trained, or receive services in buildings or surroundings or under working conditions which are unsanitary, hazardous or dangerous to the participants' health or safety. 3. Hatch Act SUBRECIPIENT agrees that no funds provided, nor personnel employed under this AGREEMENT, shall be in any way or to any extent engaged in the conduct of political activities in violation of the Hatch Act, 5 U.S.C. Section 1501 et seq. 4. Conflict of Interest SUBRECIPIENT agrees to abide with 24 CFR 85.36(b)(3), and non- profit SUBRECIPIENT shall comply with 24 CFR 84.42, and OMB Circular 110 with respect to conflicts of interest, and agrees that it presently has no financial interest and shall not acquire any financial interest, direct or indirect, which would conflict in any manner or degree with the performance of services required under this AGREEMENT. Page 23 of 28 SUBRECIPIENT further agrees that in the performance of this AGREEMENT no person having such a financial interest shall be employed or retained by SUBRECIPIENT hereunder. These conflict of interest provisions apply to any person who is an employee, agent, consultant, officer, or elected official or appointed official of SUBRECIPIENT or any designated public agencies which are receiving funds under the HPRP Entitlement Program. G. Copyright If this AGREEMENT results in any copyrightable material, CITY and/or grantor agency reserves the right to royalty -free, non-exclusive, and irrevocable license to reproduce, public or otherwise use and to authorize others to use, the work (i.e., photographs and the like) for government purposes. H. Religious Organization Equal participation of religious organizations: Organizations that are religious or faith -based are eligible, on the same basis as any other organization, to participate in HPRP. Neither the federal government nor a grantee shall discriminate against an organization on the basis of the organization's religious character or affiliation. Organizations that are directly funded under HPRP may not engage in inherently religious activities, such as worship, religious instruction or proselytization as part of the programs or services funded under HPRP. If an organization conducts such activities, the activities must be offered separately, in time or location, from the programs or services funded under HPRP, and participation must be voluntary for the program participants. An organization that participates in the HPRP program shall not, in providing program assistance, discriminate against a program participant or prospective program participant on the basis of religion or religious belief. I. Anti-Lobbyinq The disclosure requirements and prohibitions of section 319 of the Department of the Interior and Related Agencies Appropriations Act for Fiscal Year 1990 (31 U.S.C. 1352) (the Byrd Amendment), and implementing regulations at 24 CFR part 87, apply to HPRP. Applicants must disclose, using Standard Form LLL (SF-LLL), "Disclosure of Lobbying Activities," any funds, other than federally appropriated funds, that will be or have been used to influence federal employees, members of Congress, or congressional staff regarding specific grants or contracts. Page 24 of 28 XII. ENVIRONMENTAL CONDITIONS A. This AGREEMENT does not direct, provide for assistance or loan and mortgage insurance for, or otherwise govern or regulate, real property acquisition, disposition, leasing (other than tenant -based rental assistance), rehabilitation, alteration, demolition, or new construction, or establish, revise or provide for standards for construction or construction materials, manufacturing housing, or occupancy. Accordingly, under 24 CFR 50.19(c)(1), this AGREEMENT is categorically excluded from environmental review under the National Environmental Policy Act of 1969 (42 U.S.C. 4321). Moreover, consistent with the provisions for administrative and management expenses, tenant -based rental assistance, and supportive services in 24 CFR 50.19(b)(3),(11), and (12), the eligible activities to be assisted under this AGREEMENT are categorically excluded from the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321) and are not subject to environmental review under the related laws and authorities. B. SUBRECIPIENT shall incur no costs for any project -related activity defined in SUBRECIPIENT SCOPE OF SERVICES and CITY shall not disburse funds prior to certification by CITY and/or HUD for environmental compliance. C. SUBRECIPIENT shall provide requested materials to CITY for the Environmental Review process required by applicable regulations. D. Habitability Standards: SUBRECIPIENT providing rental assistance with HPRP funds will be required to conduct initial and any appropriate follow-up inspections of housing units into which a program participant will be moving. Units should be inspected on an annual basis and upon a change of tenancy. Habitability standards are listed in Appendix C of the Notice. SUBRECIPIENT may require more stringent standards. E. Lead -Based Paint The Lead -Based Paint Poisoning Prevention Act (42 U.S.C. 4801 et seq.), as amended by the Residential Lead -Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851 et seq.) and implementing regulations at 24 CFR part 35, subparts A, B, M, and R shall apply to housing occupied by families receiving assistance through HPRP. F. Historic Preservation SUBRECIPIENT agrees to comply with the Historic Preservation Page 25 of 28 requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR 800, Protection of Historic Properties, insofar as they apply to the performance of this AGREEMENT. In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a Federal, State, or local historic property list. G. Energy Efficiency Standards SUBRECIPIENT agrees to comply with the California Energy Commission Assembly Bill 970, Title 24, Part I of the California Code of Regulations (AB970: Building Efficiency Energy Standards), in regard to construction and property development, when applicable. H. Non -Profit Status SUBRECIPIENT certifies that: 1. SUBRECIPIENT hereby attests that as of the date of the execution of this AGREEMENT and throughout the AGREEMENT term, the SUBRECIPIENT is a non- profit organization in good standing and in possession of required non-profit status under the United States Internal Revenue Code (for example, 26 U.S.C. Section 501 (c)(3)). 2. SUBRECIPIENT hereby agrees to advise the CITY within 15 days of any change to SUBRECIPIENT's non-profit status if such occurs at anytime during this AGREEMENT. 3. If SUBRECIPIENT is a private nonprofit, SUBRECIPIENT hereby agrees that members of its Board of Directors will serve in a voluntary capacity and receive no compensation, other than reimbursement for expenses, for their services. XIII. NOTICES Any communication with CITY and SUBRECIPIENT concerning this AGREEMENT shall be directed as follows: CITY: City of Santa Ana Community Development Agency Deputy City Manager for Development Services P.O. Box 1988 20 Civic Center Plaza (M-25) Santa Ana, California 92702 Page 26 of 28 SUBRECIPIENT: Olive Crest Treatment Centers, Inc. 2130 E. Fourth St., Suite 200 Santa Ana, CA 92705 Attention: Donald Verluer XIV. 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 in this AGREEMENT. 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. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature 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 the Agreement. Page 27 of 28 IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective on the date and year first above written. ATTEST: MARIA D. H U IZAR Clerk of the Council APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney By: LISA E. STORCK Assistant City Attorney CITY OF SANTA ANA a municipal corporation i DAVID N. REAM City Manager SUBRECIPIENT Name: Title: C�CI Tax I D#95-2877102 Page 28 of 28 Scope of Work (Exhibit A) Organization Name Olive Crest Treatment Centers, Project Inde ndence Place an X : Homelessness Prevention Rapid Rehousing Output Accomplishments Housing Relocation and Stabilization Services Enter the estimated number of unduplicated Santa Ana households to receive at least one of the following services eligible under Housing Relocation and Stabilization Services. Categories include; case management, outreach, housing search and placement, legal services, and credit repair counseling. Households should be counted only once for the 3-vear grant period. Yr1 (9/30/09-6/20/10) Yr2 (6/21/10-6/20/11) Yr3 (6/21/11-6/20/12") Total 120 12Q '120 360 Please utilize the space below, to provide a narrative of the activities to be undertaken. Information should include number of clients, collaborations with other organizations, workshops, etc. (Press the Alt key + Enter to proceed to the next line within the cell) Case Management Objectives Activities Start Date 1)Pr»vide initial intake interview, as, 1)Meet with new clients, collect application, verification10/112009' well is collect application and letters, history and create new: file paper as we1!'as CMIS. verification letters. Assemble dtiart 2) Work monthl an maintaining current housing, situation 2)Proz -de supportive, case and adjusting their monthly 1 dget to reflect the decrease in management services, on a mionthly monetary support from Pr©ject Independence. Complete , basis monthly budget sheets, track progress through case 3)Pmvide resources tci assist management notes acid CMIS.: Individual towards self-sufficiency, 3)Provide support through listening, working alongside and connecting them with the communih rule -modeling.. Provide literature, classes, hands on contacts within the city of Santa Ana modeling to assist in postive movement towards.. 4)PrQvide support through goal- , independance. Connect them with Cornmuniy partners, setting, accountablity and follow-up. resources available t6them. Set=up/attend resource fairs of local colleges or through county partners to educate' and connect clients: 4)Monthly goal -setting wtih action items to assist clients in being successful. Identify strengths and tailor services to these strengths. Provide follow-up and accountabi[tjr to the movement towards or away from their gcsals. Help identify' triggers in their life and define a 'Circle Cif support' people and resources that are helpful towards their ultimate goals. vutreacn and Engagement (where and when) Page 1 of 3 Housing Search and Placement Legai Services Credit Repair Counseling Scope of Work (Exhibit A) Page 2 of 3 C Scope of Work (Exhibit A) Financial Assistance Of the number indicated on page one, enter the estimated number of unduplicated Santa Ana households to receive at least one of the following services eligible under Financial Assistance to keep/move the household into permanent housing: short-term rental assistance (up to 3 months), medium -term rental assistance (up to 18 months), security deposits, utility deposits, utility payments, moving costs, or hotel/motel vouchers (must lead to permanent housing). Households should be counted only once for the 3-year grant period. Yr1 (9/30/09-6/20/10) 1 Yr2 (6/21/10-6/20/11) 1 Yr3 (6/21/11-6/20/12*) ( Total Financial Assistance Breakdown Enter number of unduplicated Santa Ana households per type of assistance. (one household may receive multiple types of assistance) Assistance Type Rental Assistance Utility Assistance Security Deposit Utility Deposit Moving Costs Hotel/Motel Voucher Estimated Expenditure Plan Grant Amount Milestone Dates City Required Minimum Percent of Grant to be Expended by the Milesone Date Organization's Planned Percent of Grant to be Expended by the Milestone Date Administration ** Hsg. Reloc. & Stabilization Svcs. Financial Assistance Total 9/20/10 6/20/11 8/20/11 2/20/12 6/20/12* 30%-35% 50%-55% 60% 85%-90% 100% 33% 50% 67% 83% 100% 1 $ 83,329 1 $ 124,994 1 $ 166,659 1 $ 208.324 1 $ 250.000 1 *The period between 6/21/12 and 8/26/12, official deadline for expenditure of funds per HUD agreement, will be used to close out agreements with subrecipients. **Administration reimbursements cannot exceed 2.5% of the total reimbursement request. Page 3 of 3 txpencditures Category Expenses Funded by Santa Ana Expenses Funded by Other Sources Total Program Budget Administration Administrative Staff Salaries & Benefits $ 4,585 $ 4,585 Other: List below 1 $ - 2 $ - 3 $ - 4 $ - 5 $ - Total $ 4,585 $ - $ 4,585 Housing Relocation and Stabilization Services Case Management $ 95,406 $ 95,406 Outreach and Engagement $ - $ - Housing Search and Placement $ 6,879 $ 6,879 Legal Services $ - $ - Credit Repair Counseling $ - $ - Total $ 102,285 $ - $ 102,285 Financial Assistance Rental Assistance $ 99,000 $ 99,000 Utility Payments $ 12,000 $ 12,000 Security Deposits $ - $ - Utility Deposits $ 1,830 $ 1,830 Moving Costs $ 9,000 $ 9,000 Motel/Hotel Vouchers $ 21,300 $ 21,300 Total $ 143,130 $ - $ 143,130 Program Total $ 250,000 $ - $ 250,000 LIST ALL OTHER PROGRAM FI 1NnR THAT HAVE REEK cRri iQGn (Total Funds for Program must equal Total Program Budget above) Source Amount Santa Ana HPRP $ 250,000 Total Funds for the Program $ 250,000 Page 1 of 1 Budget Detail (Exhibit B-1) Organization Name Olive Crest Treatment Centers, Pro ect Ind ndance Place an X : Homelessness Prevention L Rapid Rehousing PERSONNEL EXPENDITURE DETAIL ADMINISTRATION Position Title (only list funded positions) Annual Salary Annual Benefits Total Compensation Funds Requested ADMIN. Percent of time serving Santa Ana Division Director 682441 8189 $ 76,433 $ 4584.75 2% $ - Total Amount RequestedRequestedi 4,585 HOUSING RELOCATION AND STABILIZATION SERVICES a4R99I Position Title (only list funded positions) Annual Salary Annual Benefits Total Compensation Funds Requested HRSS Percent of time serving Santa Ana Case Manager $ 42 000 $ 5,040 $ 47,040 $ 70,560.00' 50%d Pro am Assistant $ 36 972 $' 4,437 $ 41,409 $ 24,846.00 20% Division Director $ 68244 $ 8,189 $ 76 433 $ 6879.00 3% $ - Total Amount Requested $ 102,285. Page 1 of 3 ELIGIBLE ACTIVITY EXPENDITURE DETAIL The Scope of work included the following eligible activities and performance involved with each. Now please provide a narrative and cost detail of the expenses that will be charged under each activity below. Also include information on contracts that will be entered into. Each category should match the amount requested on Exhibit B. Case Manaaement tx enanure Gategory Santa Ana HPRP Funds Program Personnel $ 95,406.00 Case Management $ 95,406 Housing Search and Placement tx enanure Uategory Amount of Santa Ana HPRP Funds Program Personnel $ 6,879.00 Hsg. Search and Placement $ 6,879 Page 2 of 3 Page 3 of 3 Certification Regarding Lobbying Certification for Contracts, Grants Loans and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contact, grant, loan or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontract, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Cirantee/Contactor Organization Name of Certifying O EXHIBIT C Page 1 of 2 Program Title SUBRECIPIENT warrants the following: 1. SUBRECIPIENT will comply with Public Law 88-352, Title VI of the Civil Rights Act of 1964 (42 U. S. C. section 2000 et seq.) and implementing regulation in 24 CFR Part 1. 2. No person in the United States shall on the ground of race, color, religion, national origin, or sex, be excluded from participation in, or be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with community development funds made available pursuant to the ACT. 3. All laborers and mechanics, employed by contractors or subcontractors in the performance of construction work financed in whole or in part with community development funds shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined in accordance with the Davis -Bacon Act, as amended, 40 U. S. C. Sections 276 a 1-5, except for individuals who perform services for which they volunteered; do not receive compensation for such services; or are paid expenses, reasonable benefits, or a nominal fee for such services; and are not otherwise employed at any time in construction work. 4. SUBRECIPIENT will comply with all Federal statutes applicable to projects funded with community development funds, except that (a) SUBRECIPIENT does not assume CITY'S environmental responsibilities described at 24 CFR 570.604; and (b) SUBRECIPIENT does not assume CITY'S responsibility for initiating the review process under Executive Order 12372. EXHIBIT C Page 2 of 2 GENERAL CERTIFICATIONS FOR THE HOMELESSNESS PREVENTION AND RAPID RE -HOUSING PROGRAM (HPRP) In accordance with the applicable statutes and the regulations governing the consolidated plan regulations the undersigned certifies that: Conflicts of Interest 1. General. With respect to the use of HPRP funds to procure services, equipment, supplies or other property, states, territories and units of general local government that receive HPRP funds shall comply with 24 CFR 85.36(b)(3), and non-profit sub -grantees shall comply with 24 CFR 84.42. With respect to all other decisions involving the use of HPRP funds, the following restriction shall apply: No person who is an employee, agent, consultant, officer, or elected or appointed official of the grantee and who exercises or has exercised any functions or responsibilities with respect to assisted activities, or who is in a position to participate in a decision -making process or gain inside information with regard to such activities, may obtain a personal or financial interest or benefit from the activity, or have an interest in any contract, subcontract, or agreement with respect thereto, or the proceeds thereunder, either for himself or herself or for those with whom he or she has family or business ties, during his or her tenure or for one year thereafter. 2. Exceptions. Upon the written request of the grantee, HUD may grant an exception to the restrictions in paragraph 1 above on a case -by -case basis when it determines that the exception will serve to further the purposes of the HPRP program and promote the efficient use of HPRP funds. In requesting an exception, the grantee must provide the following: a. For states and other governmental entities, a disclosure of the nature of the conflict, accompanied by an assurance that there has been public disclosure of the conflict and a description of how the public disclosure was made; and b. For all grantees, an opinion of the grantee's attorney that the interest for which the exception is sought would not violate state or local law. Environmental Requirements This Notice does not direct, provide for assistance or loan and mortgage insurance for, or otherwise govern or regulate, real property acquisition, disposition, leasing (other than tenant -based rental assistance), rehabilitation, alteration, demolition, or new construction, or establish, revise or provide for standards for construction or construction materials, manufactured housing, or occupancy. Accordingly, under 24 CFR 50.19(c)(1), this Notice is categorically excluded from environmental review under the National Environmental Policy Act of 1969 (42 U.S.C. 4321). Moreover, consistent with the provisions for administrative and management expenses, tenant -based rental assistance, and supportive services in 24 CFR 50.19(b)(3), (11), and (12), the eligible activities to be assisted under this Notice are categorically excluded from the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321) and are not subject to environmental review under the related laws and authorities. C. Habitability Standards Organizations providing rental assistance with HPRP funds will be required to conduct initial and any appropriate follow-up inspections of housing units into which a program participant will be moving. Units should be inspected on an annual basis and upon a change of tenancy. The minimum habitability standards are listed in Appendix C of the Notice of Allocations, Applications Procedures, and Requirements for Homelessness Prevention and Rapid Re -Housing Program Grantees under the American Recovery and Reinvestment Act of 2009. Grantees may require more stringent standards. D. Nondiscrimination and Equal Opportunity Requirements Grantees and sub -grantees must comply with all applicable fair housing and civil rights requirements in 24 CFR 5.105(a). In addition, grantees must make known that HPRP rental assistance and services are available to all on a nondiscriminatory basis and ensure that all citizens have equal access to information about HPRP and equal access to the financial assistance and services provided under this program. Among other things, this means that each grantee must take reasonable steps to ensure meaningful access to programs to persons Exhibit D Page 1 of 4 with limited English proficiency (LEP), pursuant to Title VI of the Civil Rights Act of 1964. This may mean providing language assistance or ensuring that program information is available in the appropriate languages for the geographic area served by the jurisdiction and that limited English proficient persons have meaningful access to HPRP assistance. This will be a particular issue for state grantees that may not be aware of LEP speaking populations in jurisdictions that are not normally served with ESG funds. To assist grantees, the Department published the "Final Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons" (72 Federal Register 2732; January 22, 2007). In addition, all notices and communications shall be provided in a manner that is effective for persons with hearing, visual, and other communication -related disabilities consistent with section 504 of the Rehabilitation Act of 1973 and implementing regulations at 24 CFR 8.6. If the procedures that the grantee intends to use to make known the availability of the rental assistance and services are unlikely to reach persons of any particular race, color, religion, sex, age, national origin, familial status, or disability who may qualify for such rental assistance and services, the grantee must establish additional procedures that will ensure that such persons are made aware of the rental assistance and services. E. Affirmatively Furthering Fair Housing Under section 808(e)(5) of the Fair Housing Act, HUD has a statutory duty to affirmatively further fair housing. HUD requires the same of its funding recipients. Grantees and sub -grantees will have a duty to affirmatively further fair housing opportunities for classes protected under the Fair Housing Act. Protected classes include race, color, national origin, religion, sex, disability, and familial status. Examples of affirmatively furthering fair housing include: (1) marketing the program to all eligible persons, including persons with disabilities and persons with limited English proficiency; (2) making buildings and communications that facilitate applications and service delivery accessible to persons with disabilities (see, for example, HUD's rule on effective communications at 24 CFR 8.6); (3) providing fair housing counseling services or referrals to fair housing agencies; (4) informing participants of how to file a housing discrimination complaint, including providing the toll -free number for the Housing Discrimination Hotline: 1- 800-669-9777; and (5) recruiting landlords and service providers in areas that expand housing choice to program participants. F. Lead -Based Paint Requirements The Lead -Based Paint Poisoning Prevention Act (42 U.S.C. 4801 et seq.), as amended by the Residential Lead -Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851 et seq.) and implementing regulations at 24 CFR part 35, subparts A, B, M, and R shall apply to housing occupied by families receiving assistance through HPRP. G. Uniform Administrative Requirements All States, Territories, Urban Counties, and Metropolitan cities receiving funds under HPRP shall be subject to the requirements of 24 CFR part 85. Non-profit sub -grantees shall be subject to the requirements of 24 CFR part 84. H. Equal Participation of Religious Organizations 1. Organizations that are religious or faith -based are eligible, on the same basis as any other organization, to participate in HPRP. Neither the federal government nor a grantee shall discriminate against an organization on the basis of the organization's religious character or affiliation. 2. Organizations that are directly funded under HPRP may not engage in inherently religious activities, such as worship, religious instruction, or proselytization as part of the programs or services funded under HPRP. If an organization conducts such activities, the activities must be offered separately, in time or location, from the programs or services funded under HPRP, and participation must be voluntary for the program participants. Exhibit D Page 2 of 4 3. A religious organization that participates in HPRP will retain its independence from federal, state, and local governments, and may continue to carry out its mission, including the definition, practice, and expression of its religious beliefs, provided that it does not use direct HPRP funds to support any inherently religious activities, such as worship, religious instruction, or proselytization. Among other things, faith -based organizations may use space in their facilities to provide HPRP-funded services, without removing religious art, icons, scriptures, or other religious symbols. In addition, a HPRP-funded religious organization retains its authority over its internal governance, and it may retain religious terms in its organization's name, select its board members on a religious basis, and include religious references in its organization's mission statements and other governing documents. 4. An organization that participates in the HPRP program shall not, in providing program assistance, discriminate against a program participant or prospective program participant on the basis of religion or religious belief. 5. If a state or local government voluntarily contributes its own funds to supplement federally funded activities, the state or local government has the option to segregate the federal funds or commingle them. However, if the funds are commingled, the requirements listed above apply to all of the commingled funds. I. Lobbying and Disclosure Requirements The disclosure requirements and prohibitions of section 319 of the Department of the Interior and Related Agencies Appropriations Act for Fiscal Year 1990 (31 U.S.C. 1352) (the Byrd Amendment), and implementing regulations at 24 CFR part 87, apply to HPRP. Applicants must disclose, using Standard Form LLL (SF-LLL), "Disclosure of Lobbying Activities," any funds, other than federally appropriated funds, that will be or have been used to influence federal employees, members of Congress, or congressional staff regarding specific grants or contracts. J. Drug -Free Workplace Requirements The Drug -Free Workplace Act of 1988 (41 U.S.C. 701, et seq.) and HUD's implementing regulations at 24 CFR part 21 apply to HPRP. K. Procurement of Recovered Materials State agencies and agencies of a political subdivision of a state that are using assistance under a HUD program for procurement, and any person contracting with such an agency with respect to work performed under an assisted contract, must comply with the requirements of section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. In accordance with section 6002, these agencies and persons must procure items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired in the preceding fiscal year exceeded $10,000; must procure solid waste management services in a manner that maximizes energy and resource recovery; and must have established an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. L. Data Collection and Reporting Requirements SUBRECIPIENT will comply with all data collection and reporting requirements as outlined by the OMB approved Homelessness Prevention & Rapid Re -Housing Program (HPRP) Program Quarterly Performance Report: Elements, Response Categories and Justification, approved on June 16, 2009. M. Rent Subsidy Rental assistance payments cannot be made on behalf of eligible individuals or families for the same period of time and for the same cost types that are being provided through another federal, state or local housing subsidy program. If a participant is receiving rental assistance under another program (either a full or partial subsidy,) HPRP funds may not be used for rental assistance during that same time period. Exhibit D Page 3 of 4 N. Rent Reasonableness The rental assistance paid cannot exceed the actual rental cost, which must be in compliance with HUD's standard of "rent reasonableness." "Rent reasonableness" means that the total rent charged for a unit must be reasonable in relation to the rents being charged during the same time period for comparable units in the private unassisted market and must not be in excess of rents being charged by the owner during the same time period for comparable non -luxury unassisted units. Organization Name/Title r Signature Exhibit D Page 4 of 4 �1} Client#:2E.. IVCRE ACORD- CERTIFICATE OF LIABILITY INSURANCE 0DATE 9/11/09Dnrrr) PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Willis Insurance Services of CA, Inc ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 3536 Concours, Suite 220 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Ontario, CA 91764-5594 License #0371719 INSURED Olive Crest Treatment Centers Inc 2130 E. Fourth St., Ste. 200 Santa Ana, CA 92705 IK=w INSURERS AFFORDING COVERAGE NAIC # INSURER A: Philadelphia Indemnity 18058 INSURER B: INSURER C: INSURER D: INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSft LTR ADD, NSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MM/DD POLICY EXPIRATION DATE MWDD LIMITS A GENERAL LIABILITY PHPK464966 09/01/09 09/01/10 EACH OCCURRENCE $1 000 000 X COMMERCIAL GENERAL LIABILITY CLAIMS MADE Fx] OCCUR DAMAGE TO RENTEDPREMISES (Ea rrencel $1 000 00() MED EXP (Any one person) s20,U00 PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE s3,000,000 • GEN'LAGGREGATE LIMIT APPLIESPER: PRODUCTS -COMP/OPAGG s3,000,000 POLICY PRO- JECT LOC �^ ® w,c AUTOMOBILE LIABILITY ANY AUTOti�, ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS +t' �" �gF E IDS Sta'v\t PI J ?O�C� S ` �e7 `' PttOC C1m jjj COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO F1 $ AUTO ONLY: AGG A EXCESS/UMBRELLA LIABILITY OCCUR FRI CLAIMS MADE PHUB283481 09/01/09 09/01/10 EACH OCCURRENCE $10 00U 000 AGGREGATE $10 00Q 000 DEDUCTIBLE X RETENTION $ 10000 $ WORKERS COMPENSATION AND STATULIMIT- OTH- TWO EMPLOYERS' LIABILITY E.L. EACH ACCIDENT is ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. DISEASE - EA EMPLOYEE $ OFFICER/MEMBER EXCLUDED? If yes, describe under E.L. DISEASE -POLICY LIMIT 1 $ SPECIAL PROVISIONS below A OTHER ABUSE PHPK464966 09/01/09 09/01/10 $1,000,000 / $1,000,000 A PROFESSIONAL LIAB PHPK464966 09/01/09 09/01/10 $1,000,000 / $3,000,000 A EE DISHONESTY PHPK464966 09/01/09 09/01/10 $500,000 / $500,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS THIS CERTIFICATE AMENDS Sr SUPERCEDES CERTIFICATE DATED 09/08/09 RE: Grant Certificate Holder is Additonal Insured per'Additional Insured Endorsement for Commercial General Liability Policy' attached (See Attached Descriptions) City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92701 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL *Rn DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR AUTHORIZED A%,v cu ca tcuu I/un) 1 of 3 #S647555/M647173 2DADA 0 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 conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. Sz°V00 yo vie`! P55�5ta ACORD 25S (2001/08) 2 of 3 #S647555/M647173 DESCRIPTIONS *10 Day Notice of Cancellation for Non Payment of Premium Aimed from Page 1) p�OOD ``sP • 5 �A to,vxel Psss,�a�,t G �J G • AM, 1,.3 (LUU11US) 3 of 3 #36475551M647173 ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company PHILADELPHIA INDEMNITY INSURANCE COMPANY . This endorsement modifies such insurance as is afforded by the provisions of Policy # PHPK464966 relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 902701; its officers, employees, agents, volunteers and representatives are named as additional insured ("additional insureds") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective 09/01/2009 TO 09/01/2010 , this endorsement form as a part of Policy # PHPK464966 Issued to OLIVE CREST TREATMENT CENTERS Named Insured Countersigned by L - L/� Authorized Representative sz°TOO �A Yg0 P �• 5"��P to rey P sus art G\ty