HomeMy WebLinkAboutAGMT - Orange County (CDBG Assisted Activities - KC09845) 1 411
2 Contract No. KC09845
3 IDIS No. 1845
4
5
6 AMENDMENT NO. 1
7 TO CONTRACT NO. KC09845 WITH CITY OF SEAL BEACH
8 COUNTY OF ORANGE/OC COMMUNITY RESOURCES
9 (CDBG PROGRAM)
10
11 TITLE OF PROJECT: Leisure World Bathroom Accessibility Program
12
13
14 AMENDMENT NO. 1 TO CONTRACT executed on 8/2/10
15
16 BY AND BETWEEN: City of Seal Beach, a municipal
17 corporation, in the State of California, and
18 hereinafter referred to as "SUBRECIPIENT",
19
20 AND COUNTY OF ORANGE, a political subdivision
21 of the State of California and recognized
22 Urban County under the Federal Housing
23 and Community Development Act of 1974
24 (Public Law 93-383), as amended,
25 hereinafter referred to as "COUNTY".
26
27 RECITALS
28 This Amendment No. 1 is made with reference to the following facts:
29 WHEREAS, the parties hereto on May 5, 2009 entered into the above referenced
30 Contract for $200,000 for a program; and,
31 WHEREAS, the SUBRECIPIENT has submitted to COUNTY a request to amend and/or
32 extend Contract No. KC09845 and, pursuant to Section V, the parties are permitted to extend
33 and/or amend (including, but not limited to, reprogramming of funds, change of scope of
34 services and/or eligible costs items, name change) subject contract; and,
35 WHEREAS, pursuant to Section V of the above referenced contract, the parties desire
36 to amend Contract No. KC09845 to permit:
37 ❑ the reprogramming of $ from Contract No.
38 to Contract No. •
39 ❑ the amending of the Scope of Services to capture eligible activities and
40 reimbursable costs;
41 x the extension of contract term;
42 ❑ the increase of funding through reprogramming of available, uncommitted
43 program income and/or recaptured funds;
44 ❑ the decrease of funding through reprogramming of available, uncommitted
45 program income and/or recaptured funds;
46 ❑ project name change from to
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2 Contract No. KC09845
3 IDIS No. 1845
4
5 IN WITNESS WHEREOF, SUBRECIPIENT has caused this Amendment No. 1 to be
6 executed by its Mayor and attested by its City Manager; COUNTY has caused this Amendment
7 No. 1 to be executed by the Director of OC Community Resources, all having been duly
8 authorized by the City Council of SUBRECIPIENT and the Orange County Board of
9 Supervisors, respectively.
10
11 SUBRECIPIENT*:
12 City of Seal Beach,
13 a municipal corporation
14 in the State of California
15
16 **
�
17 By: j�d%G� v1`� By: 0 1
18 Name: avid Sloan Name: David Carmany
19 Title: Mayor !7 Title: City Manager
20 Date: / may./o Date: 7- 13 -10
21
22 *For Contractors/Vendors that are a corporation. Signature requirements are as follows:
23 1) One signature by the Chairman of the Board, the President or any Vice President,
24 And
25 2) One signature by the Secretary, any Assistant Secretary, the Chief Financial Officer
26 or an Assistant Treasurer.
27 For Contractors/Vendors that are not a corporation, the person who has authority to bind the
28 Contractor/Vendor to a CONTRACT must sign on one of the lines above.
29
30 COUNTY OF ORANGE, a political subdivision
31 in the State of alifornia.
32
33 r� By:
34 �`3 Director,
35 OC om G unity Resources
36 V
37 Date:
38
39
40 COUNTY COUNSEL,
41 APPROVAL AS TO FORM:
42 April 1, 2009
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• Contract No. KC09845
IDIS No
1
2 COUNTY OF ORANGE
3 OC COMMUNITY RESOURCES
4 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
5 HOUSING REHABILITATION
6 (Program Year 2009 -10)
7
8 TITLE OF PROJECT: City of Seal Beach, Leisure World Bathroom Accessibility Program
9 570.202 (a)(1), 14A- Rehab; Single -Unit Residential
10 91 SIB
11 This agreement, hereinafter referred to as "CONTRACT ", is entered into on,
12
13 BY AND BETWEEN City of Seal Beach, a Municipal Organization
14 in the State of California, and hereinafter
15 referred to as "SUBRECIPIENT ".
16
17 AND COUNTY OF ORANGE, a political subdivision
18 of the State of California and recognized Urban
19 County under the Federal Housing and
20 Community Development Act of 1974 (Public
21 Law 93 -383), as amended, hereinafter
22 referred to as "COUNTY ".
23
24 RECITALS •
25 This CONTRACT is made with reference to the following facts, among others:
26 WHEREAS, COUNTY has applied for and anticipates receiving funds from the United
27 States Department of Housing and Urban Development, hereinafter referred to as "HUD ",
28 under Title I of the Housing and Community Development Act of 1974 (Public Law 93 -383, as
29 amended) for the purpose of funding projects meeting one of the HUD national objectives; and
30 WHEREAS, COUNTY and Participating Cities previously entered into a Cooperation
31 Agreement dated July 1, 2008 as amended, in which both parties agreed to cooperate in the
32 undertaking, or assist in the undertaking, of community development and housing assistance
33 activities; and
34 WHEREAS, SUBRECIPIENT has submitted to COUNTY an application for funding of a
35 housing and community development activity; and
36 WHEREAS, COUNTY adopted its Annual Action Plan, (hereinafter referred to as
37 "ANNUAL ACTION PLAN "), including any mid -year amendments, which sets forth the PROJECT
38 described herein; and
39 WHEREAS, HUD, in accordance with 24 CFR Part 570 Subpart 0, 570.902, will annually
40 review the performance of COUNTY to determine whether COUNTY has carried out it's
41 Community Development Block Grant (CDBG) assisted activities in a timely manner and has
42 significantly disbursed CDBG funds and met the mandated "1.5 ratio" threshold; and
43 WHEREAS, COUNTY approved an allocation of $200,000 (Two Hundred Thousand
44 Dollars) in project funding to SUBRECIPIENT for the Fiscal Year 2009 -10; and
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IDIS No.1845
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3 WHEREAS, HUD has accepted and certified the ANNUAL ACTION PLAN; and
4 WHEREAS, COUNTY engages SUBRECIPIENT to assist COUNTY in utilizing aforesaid
5 funds.
6 NOW, THEREFORE, the parties enter into the following:
7 I. CONTRACT FORM
8 This CONTRACT consists of:
9 A. The following provisions;
10 B. All applicable Federal Regulations, including 24 CFR 570;
11 C. Applicable State and COUNTY laws and regulations; and,
12 D. The attached SUBRECIPIENT SCOPE OF SERVICES, is incorporated as if fully set
13 forth herein; and,
14 E. The attached Child Support Provisions, which are incorporated as if fully set
15 forth herein.
16 II. DEFINITIONS
17 For the purposes of this CONTRACT the following definitions shall apply:
18 A. HUD: United States Department of Housing and Urban Development.
19 B. OC COMMUNITY RESOURCES: Designated as the Lead for the development and
20 implementation of County of Orange Urban County Program's Consolidated Plan.
21 C. DIRECTOR: DIRECTOR of the OC Community Resources, or designee.
22 D. PROGRAM INCOME: The gross income received by SUBRECIPIENT directly
23 generated from the use of the subject program funds.
24 E. CONSTRUCTION BID PACKAGE: A package of bidding documents which includes
25 the proposal, bidding instructions, CONTRACT documents, detailed estimated costs, and plans
26 and specifications for a construction project, all prepared in accordance with applicable Federal
27 regulations.
28 F. GRANTEE PERFORMANCE REPORT (GPR) INFORMATION FORM: A PROJECT
29 activity data document provided by COUNTY to SUBRECIPIENT used to monitor and track the
30 performance of SUBRECIPIENT.
31 G. OC COMMUNITY RESOURCES POLICY ON DOCUMENTING SUBRECIPIENT
32 COSTS: A COUNTY document setting policies regarding types of documentation required to
33 support the costs incurred and paid (including but not limited to copies of paid invoices,
34 certified payroll registers, bank statements, etc.).
35 H. PROJECT: Any site or sites, including buildings, and /or activities assisted with
36 federal program funds.
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Contract No. KC09845
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3 I. PROGRAM ADMINISTRATION: An activity relating to the general management,
4 oversight and coordination of community development programs. Costs directly related to
5 carrying out eligible activities are not included.
6 J. OMB: Federal Office of Management and Budget.
7 K. CAPER: Consolidated Annual Performance and Evaluation Report. An annual
8 published report to HUD and the public on all housing - related activities.
9 L. CDBG: Community Development Block Grant funds.
10 M. EQUIPMENT: Tangible, non - expendable, personal property having a useful life
11 of more than one year and an acquisition cost of $5,000 or more per unit.
12 N. SUBSTANTIAL AMENDMENT: The County will consider a change in project scope
13 as a "substantial amendment" under the following circumstances:
14 1. County or subrecipient decides not to carry out an activity previously
15 described in the Annual Action Plan;
16 2. County or subrecipient carries out an activity not previously described in the
17 Annual Action Plan;
18 3. County or subrecipient changes the purpose, scope, location or beneficiaries
19 of an activity;
20 4. County or subrecipient changes the use of CDBG funds from one eligible
21 activity to another;
22 5. County or subrecipient changes 25% or more in one program activity.
23 III. CONDITIONS OF FUNDING
24 A. County advises SUBRECIPIENT that a change in entitlement funding may result
25 in a change in the current process utilized by COUNTY to determine funding allocations.
26 SUBRECIPIENT acknowledges that the obligation of the COUNTY is contingent upon the
27 availability of Federal, State or local Government funds appropriated or allocated to the
28 COUNTY. If funding levels are significantly affected by Federal budgeting or if funds are not
29 allocated and available for the continuance of the function performed by SUBRECIPIENT; the
30 CONTRACT may be terminated by the COUNTY at the end of the period for which funds are
31 available. The COUNTY shall notify SUBRECIPIENT at the earliest possible time of any service,
32 which will or may be affected by a shortage of funds. No penalty shall accrue to the COUNTY in
33 the event this provision is exercised and the COUNTY shall not be obligated nor liable for any
34 damages as a result of termination under this provision of this CONTRACT, and nothing herein
35 shall be construed as obligating the COUNTY to expend or as involving the COUNTY in any
36 contract or other obligation for the future payment of money in excess of appropriations
37 authorized by law.
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3 B. SUBRECIPIENTS shall allow representatives of the County of Orange, or HUD to
4 inspect facilities, which are used in connection with the contracts, made to implement
5 programs funded under this contract. SUBRECIPIENTS acknowledge that HUD funds are not
6 meant to replace or supplant other sources of funding.
7 C. SUBRECIPIENT shall maintain any applicable licenses or permits, and meet any
8 facility code regulations required for the program(s) funded under the contract.
9 IV. TERM
10 A. Eligible costs related to services provided by SUBRECIPIENT must be incurred
11 during the period beginning July 1, 2009. The PROJECT shall be completed and all funds
12 provided through this CONTRACT shall be expended on eligible PROJECT activities prior to June
13 30, 2010. The term of this CONTRACT may be extended upon mutual agreement of the parties
14 in writing in accordance with Section IV.D. below. COUNTY will reclaim any unused balance of
15 funds for reallocation to other COUNTY approved projects.
16 B. SUBRECIPIENT may be eligible to request additional funding up to the maximum
17 set forth in the applicable FY 2009 -10 Annual Action Plan if SUBRECIPIENT meets or exceeds
18 any one of the Required Expenditure Thresholds at 50 %, 70% or 80% on or prior to the
19 milestone date established herein in Section VI.E.3.
20 C. If additional funding is available for allocation to SUBRECIPIENT, SUBRECIPIENT
21 and COUNTY shall first amend the Subrecipient Scope of Services component of this
22 CONTRACT. Furthermore, SUBRECIPIENT shall demonstrate, to the satisfaction of DIRECTOR,
23 that the required Performance Expenditure and Accomplishment Thresholds set forth herein
24 Section VI.E. 3. and Section VIII.B., as amended, will continue to be met before such
25 extension and additional allocation shall be granted.
26 D. CONTRACT Extension
27 1. The term of this CONTRACT and the provisions herein may be extended
28 to cover an additional time period as specified herein.
29 2. The date for PROJECT completion and expenditure of all funds may be
30 extended by the DIRECTOR without further action by the BOARD for a period not to exceed six
31 (6) months from June 30, 2010. All extension approvals must be in writing and signed by the
32 DIRECTOR. In the event of such extension, the deadline for submittal of invoices shall be
33 forty -five (45) days after the new expiration date.
34 3. CONTRACT extension provisions are not applicable to PROGRAM
35 ADMINISTRATION activities.
36 V. AMENDMENTS
37 A. COUNTY, through its DIRECTOR without further action by the COUNTY's Board of
38 Supervisors (hereinafter referred to as "BOARD ") and SUBRECIPIENT may,
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Contract No. KC09845
IDIS No.1845
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3 by mutual agreement, amend and /or extend this CONTRACT and /or incorporated Subrecipient
4 Scope of Services, at any time, up to 45 (forty -five) days prior to ,CONTRACT expiration,
5 provided that the proposed action is (1) not a "Substantial Amendment" as defined Section II.
6 N. of this CONTRACT, (2) makes specific reference to this CONTRACT, (3) is executed in
7 writing and signed by a duly authorized representative of the SUBRECIPIENT's organization.
8 SUBRECIPIENT's written request to amend must include a revised budget for funds being
9 extended, if that scope of work is different in scope from the originally agreed upon
10 SUBRECIPIENT SCOPE OF SERVICES. SUBRECIPIENT must also comply with the original
11 thresholds and milestones outlined in Section VIII.B. herein. Any proposed amendment to this
12 CONTRACT shall be submitted to DIRECTOR, and approved by DIRECTOR in writing prior to
13 commencement of any activity covered by said amendment.
14 B. SUBRECIPIENT agrees that COUNTY may, at its sole discretion, amend this
15 CONTRACT to conform with federal, state or local governmental guidelines, policies, and
16 available funding amounts.
17 C. If any amendment results in a change in the funding amount, SUBRECIPIENT
18 SCOPE OF SERVICES, threshold and milestone dates or schedule of activities to be undertaken
19 as part of this CONTRACT, such modifications will be incorporated only by written amendment
20 executed by DIRECTOR and SUBRECIPIENT.
21 VI. PAYMENTS
22 A. Funds from COUNTY to SUBRECIPIENT shall be disbursed subsequent to
23 availability of funds from HUD to COUNTY.
24 B. Funds shall not be disbursed for any costs incurred prior to the certification by
25 COUNTY and /or HUD of Certificate(s) of Insurance and environmental compliance, as further
26 defined in Section VII and Section XIII of this CONTRACT. Additionally, when applicable, no
27 funds shall be disbursed prior to submittal of certified payroll documentation to COUNTY with
28 each invoice package /request for payment, as further defined in Section XII.
29 C. CONTRACT Amount
30 It is expressly agreed and understood that the total amount to be paid by
31 COUNTY under this CONTRACT shall not exceed $200,000 (Two Hundred Thousand Dollars).
32 Reimbursement for the payment of eligible project expenses shall be made in accordance with
33 the budget specified in Section II. of SUBRECIPIENT SCOPE OF SERVICES. SUBRECIPIENT's
34 acknowledge that HUD funds are not meant to replace or supplant other sources of funding.
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• Contract No. KC09845
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3 D. Readiness
4 SUBRECIPIENT shall be required to demonstrate to COUNTY its readiness to
5 immediately initiate its PROJECT upon execution of this CONTRACT by providing to the
6 COUNTY documentation including, but not limited to, the following: Board or Council
7 Minutes /Resolution; Awarded bid documents with timeline requirements; and, executed
8 Architect and Engineer (hereinafter referred to as "A &E ") contracts with specific project
9 timelines consistent with funding. By September 30, 2009 SUBRECIPIENT shall provide
10 COUNTY a Project Readiness Checklist incorporating the status of all PROJECT - phasing
11 milestones. In the case of milestones not yet reached, SUBRECIPIENT shall provide projected
12 target dates for when said milestones will be met. The Project Readiness Checklist shall clearly
13 demonstrate that SUBRECIPIENT will meet the "Required Expenditure Thresholds" established
14 herein Section VI. E. 3. SUBRECIPIENT acknowledges that said Project Readiness Checklist
15 may be considered to evaluate the performance of the SUBRECIPIENT.
16 E. Payment of Project Activities
17 1. COUNTY will reimburse SUBRECIPIENT for eligible project - related costs
18 only. SUBRECIPIENT shall submit requests for reimbursement to COUNTY on a quarterly basis
19 beginning on July 1, 2009, and must provide the adequate documentation as required by
20 COUNTY in accordance with the COUNTY's OC Community Resources Policy for Documenting
21 Subrecipient Costs. In addition, SUBRECIPIENT will provide a progress performance report
22 (i.e., Grantee Performance Report hereinafter referred to as "GPR" Information Form) for the
23 time period covered, as prescribed by COUNTY. Failure to provide any of the required
24 documentation and reporting will cause COUNTY to withhold all or a portion of a request for
25 reimbursement, and return the entire reimbursement package to Subrecipient, until such
26 documentation and reporting has been received and approved by COUNTY.
27 2. If SUBRECIPIENT has no request for reimbursement during any quarter
28 during the term of this CONTRACT, a GPR, including an explanation as to why no invoices were
29 being processed, shall be required in lieu of a request for reimbursement.
30 3. The following "Required Expenditure Threshold" criteria has been
31 established to guide the SUBRECIPIENT in structuring and scheduling their expenditure of
32 funds received through this CONTRACT. The criteria thresholds are consistent with the criteria
33 used by OC Community Resources to determine performance including, but not limited to,
34 determinations of future award of funds, additional funding requests and /or determinations for
35 the recapture of funding.
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3 Minimum Required
4 Milestone Date Expenditure Threshold
5 December 15, 2009 50% of Contracted Amount Expended
6 January 15, 2010 70% of Contracted Amount Expended
7 March 15, 2010 80% of Contracted Amount Expended
8
9 4. SUBRECIPIENT will have forty -five (45) days following the expiration of
10 the CONTRACT to submit outstanding invoices for reimbursement of eligible costs incurred
11 during the CONTRACT period. After the forty -five (45) day period for submitting invoices has
12 expired, COUNTY shall reallocate the remaining balance under this CONTRACT for other
13 program purposes and SUBRECIPIENT shall be ineligible for any further reimbursement.
14 F. Program Income
15 1. SUBRECIPIENT shall comply with regulations set forth in 24 CFR
16 570.504, as well as all applicable State or COUNTY regulations concerning the reporting and
17 payment procedures for program income.
18 2. All Program Income accrued shall be returned to COUNTY on a quarterly
19 basis prior to SUBRECIPIENT receiving any reimbursement from grant funds provided under
20 this CONTRACT.
21 3. SUBRECIPIENT shall provide information of the receipt of PROGRAM
22 INCOME by SUBRECIPIENT related to PROJECT on all GPR INFORMATION FORMS submitted
23 with requests for reimbursement.
24 4. SUBRECIPIENT shall complete and submit a Year -End Program Income
25 letter, indicating amount of Program Income and include any reimbursement remittance
26 necessitated therein, by July 15, 2010.
27 VII. GENERAL ADMINISTRATION
28 A. SUBRECIPIENT shall provide the oversight, administration, and project
29 management necessary to accomplish all contracted activities in a timely manner.
30 SUBRECIPIENT also agrees to comply with all applicable federal, state, and local laws and
31 regulations governing the funds provided under this CONTRACT.
32 B. Independent Contractor
33 Nothing contained in this CONTRACT is intended to, or shall be construed in any
34 manner, as creating or establishing the relationship of employer /employee between the
35 parties. SUBRECIPIENT and its subcontractors shall at all times remain independent
36 contractors with respect to the services to be performed under this CONTRACT.
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• Contract No. KC09845
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3 COUNTY shall be exempt from payment of any Unemployment Compensation, FICA,
4 retirement, life and /or medical insurance and Workers' Compensation Insurance as
5 SUBRECIPIENT and its subcontractors are independent contractors.
6 C. Hold Harmless
7 SUBRECIPIENT shall hold harmless, defend with counsel approved in writing by
8 COUNTY and indemnify COUNTY, its elected and appointed officials, officers, employees,
9 agents and those special districts and agencies which COUNTY's Board of Supervisors acts as
10 the governing board ( "COUNTY INDEMNITIES ") from any and all claims, actions, suits,
11 charges and judgments whatsoever including but not limited to personal injury or property
12 damage that arise out of SUBRECIPIENT's and /or its subcontractor's use of funds, performance
13 or nonperformance of the project and /or scope of work called for in this CONTRACT.
14 D. Assignability
15 SUBRECIPIENT shall not assign or transfer any interest in this CONTRACT
16 without the prior written consent of COUNTY.
17 E. Subcontracts
18 1. SUBRECIPIENT shall submit all subcontract agreements to COUNTY for
19 review and consent prior to entering into such subcontracts. For construction subcontracts,
20 SUBRECIPIENT shall submit the Construction Bid Package to COUNTY for review and written
21 approval by DIRECTOR prior to advertising for bids and award for the construction contract.
22 SUBRECIPIENT shall construct project in accordance with the Construction Bid Package, which
23 DIRECTOR approved, unless prior written approval is received from DIRECTOR for modification
24 thereof.
25 2. SUBRECIPIENT shall assume responsibility for all subcontracted services
26 to assure CONTRACT compliance.
27 3. SUBRECIPIENT shall cause this CONTRACT, in its entirety, to be included
28 in and made a part of any subcontract executed in the performance of this CONTRACT.
29 4. SUBRECIPIENT shall monitor all subcontracted services on a quarterly
30 basis to assure CONTRACT compliance. Results of said monitoring efforts shall be summarized
31 in written form, and supported with documented evidence of follow -up action(s) to correct any
32 area(s) of CONTRACT non - compliance. Documentation shall be made available for periodic
33 monitoring by representatives of COUNTY and /or HUD.
34 F. Relocation
35 SUBRECIPIENT shall, in all matters relating to the project:
36 1. Take all reasonable steps to minimize displacement by providing tenants
37 reasonable opportunity to lease and occupy dwelling units in the project being improved; and,
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IDIS No.1845
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3 2. .When applicable, submit to COUNTY a Plan outlining financial and
4 advisory assistance in securing temporary housing for any eligible tenant who is temporarily or
5 permanently relocated due to the project.
6 3. Comply with the Uniform Relocation Assistance and Real Property
7 Acquisition Policies Act of 1970, as amended by the Uniform Relocation Act /URA, 49 CFR Part
8 24 and 24 CFR 570.606 for persons displaced by the project; and,
9 4. Have in effect and follow a residential anti - displacement and relocation
10 plan required under section 104(d) of the Housing and Community Development Act of 1974,
11 as amended, in conjunction with any activity assisted with funding under the subject program.
12 G. Fair Housing
13 SUBRECIPIENT shall affirmatively further fair housing in accordance with 24 CFR
14 570.904.
15 H. Insurance
16 No costs shall be incurred and no funds shall be disbursed prior to written
17 certification of approval by COUNTY of insurance fulfillment.
18 1. SUBRECIPIENT, at its own expense, agrees to deposit with COUNTY prior
19 to the execution and provision of services under this CONTRACT, Certificates of Insurance,
20 including all endorsements required herein, necessary to satisfy COUNTY that the insurance
21 provisions of this CONTRACT have been complied with, and to keep such insurance and the
22 certificates therefore on deposit with COUNTY during the entire term of this CONTRACT. In
23 addition, all contractors and subcontractors performing work on behalf of SUBRECIPIENT
24 pursuant to this CONTRACT shall be covered under SUBRECIPIENT's insurance or shall obtain
25 insurance subject to the same terms and conditions as set forth herein for SUBRECIPIENT.
26 SUBRECIPIENT shall require that any contractor or subcontractor working for SUBRECIPIENT
27 have the insurance required by this section and not allow contractors or subcontractors to
28 work if the contractors or subcontractors have less than the level of coverage required by the
29 COUNTY under this CONTRACT. SUBRECIPIENT shall provide notice of the insurance
30 requirements to every contractor or subcontractor, and to receive proof of insurance prior to
31 allowing any contractor or subcontractor to begin work. Such proof of insurance must be
32 maintained by SUBRECIPIENT through the entirety of this CONTRACT for inspection by
33 COUNTY representative at any reasonable time. All insurance policies required by this
34 CONTRACT shall declare any deductible or self- insured retention (SIR) in an amount in excess
35 of $25,000 ($5,000 for automobile liability), which shall specifically be approved by COUNTY
36 Executive Office /Office of Risk Management. SUBRECIPIENT shall be responsible for
37 reimbursement of any deductible to the insurer. Any self- insured retentions (SIRs) or
38 deductibles shall be clearly stated on the Certificate of Insurance.
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3 2. SUBRECIPIENT shall maintain insurance acceptable to COUNTY in full
4 force and effect throughout the term of this CONTRACT. If SUBRECIPIENT fails to maintain
5 insurance acceptable to COUNTY for the full term of this CONTRACT, COUNTY may terminate
6 this CONTRACT.
7 3. The policy or policies of insurance must be issued by an insurer licensed
8 to do business in the State of California (California Admitted Carrier).
9 4. Minimum insurance company ratings as determined by the most current
10 edition of the Best's Key Rating Guide /Property - Casualty /United States or ambest.com
11 shall be A- (Secure Best's Rating) and VIII (Financial Size Category).
12 5. If the carrier is a non - admitted carrier in the State of California, COUNTY
13 Executive Office /Office of Risk Management retains the right to approve or reject carrier after
14 a review of the company's performance and financial ratings.
15 6. The policy or policies of insurance maintained by SUBRECIPIENT shall
16 provide the minimum limits and coverage as set forth herein below:
17 Coverage Minimum Limits
18 Commercial General Liability to $1,000,000 combined single limit
19 include a Broad Form Property per occurrence
20 Damage Endorsement
21 and Contractual Liability $2,000,000 Aggregate
22 Automobile Liability including coverage for $1,000,000 combined single limit
23 all owned, non -owned and hired vehicles per occurrence
24 Workers' Compensation Statutory
25 Employer's Liability - $1,000,000 per occurrence
26 Sexual Misconduct $1,000,000 per occurrence
27
28 7. Each insurance policy required by this CONTRACT shall be endorsed to
29 contain the following provisions:
30 a. This insurance shall not be changed, canceled, limited in scope of
31 coverage or non - renewed until after 30 days written notice has been given to COUNTY of
32 Orange /OC Community Resources (Endorsement must be attached to Certificate of
33 Insurance).
34 If a 30 -day notice of cancellation endorsement is not received, the cancellation clause
35 must include language as follows, which edits the pre - printed ACORD certificate:
36 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
37 DATE THEREOF, THE ISSUING COMPANY WILL MAIL 30 DAYS WRITTEN NOTICE TO THE
38 CERTIFICATE HOLDER NAMED TO THE LEFT.
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3 b. All rights of subrogation are hereby waived against COUNTY, it's
4 elective and appointed officials, officers and employees when acting within the scope of their
5 employment or appointment, and COUNTY and their Board or Commissions, which are
6 governed by COUNTY Board of Supervisors. (Endorsement must be attached to Certificate of
7 Insurance).
8 c. With respect to the operations of the named insured, operations
9 performed on behalf of COUNTY, COUNTY shall be added as an additional insured on all
10 insurance policies required by this Contract except for Workers' Compensation /Employers'
11 Liability. (Endorsement must be attached to Certificate of Insurance).
12 d. SUBRECIPIENT is aware of the provisions of Section 3700 of the
13 California Labor Code which requires every employer to be insured against liability for
14 Worker's Compensation or be self- insured in accordance with the provisions of that code. The
15 SUBRECIPIENT will comply with such provisions and shall furnish the COUNTY satisfactory
16 evidence of such compliance for the period of this contract, statutory Worker's Compensation
17 Insurance and Employer's Liability Insurance with minimum limits of $1,000,000 per
18 occurrences.
19 e. It is agreed that any insurance maintained by COUNTY will apply
20 in excess of, and not contribute with, insurance provided by these policies. (Endorsement must
21 be attached to Certificate of Insurance for the General Liability policy and Sexual Misconduct
22 Liability policy).
23 f. Commercial General Liability policy shall contain a severability of
24 interests clause.
25 8. Insurance information shall be submitted to:
26 County of Orange
27 OC Community Resources
28 Attention: Chief, Community Development
29 1770 North Broadway
30 Santa Ana, California 92706 -2642
31 9. County expressly retains the right to require Contractor to increase or
32 decrease insurance of any of the above insurance types throughout the term of this Contract.
33 Any increase or decrease in insurance will be as deemed by the County of Orange Risk
34 Manager as appropriate to adequately protect County. In addition, COUNTY Risk Manager
35 retains the right to require additional insurance coverage as may be deemed appropriate to
36 adequately protect COUNTY. COUNTY's requirements shall be reasonable and shall be
37 designed to assure protection from and against the kind and extent of risks, which exist at the
38 time a change in insurance is required.
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3 10. COUNTY shall notify SUBRECIPIENT in writing of changes in the insurance
4 requirements. If SUBRECIPIENT does not deposit copies of acceptable certificates of insurance
5 and endorsements with COUNTY incorporating such changes within thirty (30) days of receipt
6 of such notice, this CONTRACT may be in default without further notice to SUBRECIPIENT, and
7 COUNTY shall be entitled to all legal remedies. The procuring of such required policy or
8 policies of insurance shall not be construed to limit SUBRECIPIENT's liability hereunder or to
9 fulfill the indemnification provisions and requirements of this CONTRACT.
10 11. INDEMNIFICATION PROVISIONS
11 SUBRECIPIENT agrees to indemnify, defend with counsel approved in writing to COUNTY, and
12 hold COUNTY, its elected and appointed officials, officers, employees, agents and those special
13 districts and agencies which COUNTY's Board of Supervisors acts as the governing Board
14 ( "COUNTY INDEMNITEES ") harmless from any claims, demands or liability of any kind or
15 nature, including but not limited to personal injury or property damage, arising from or related
16 to the services, products or other performance provided by SUBRECIPIENT pursuant to this
17 CONTRACT. If judgment is entered against SUBRECIPIENT and COUNTY by a court of
18 competent jurisdiction because of the concurrent active negligence of COUNTY or COUNTY
19 INDEMNITEES, SUBRECIPIENT and COUNTY agree that liability will be apportioned as
20 determined by the court. Neither party shall request a jury apportionment.
21 I. Grantor Recognition
22 SUBRECIPIENT shall insure recognition of the role of the COUNTY in providing
23 services through this CONTRACT. All activities, facilities and items utilized pursuant to this
24 CONTRACT shall be prominently labeled as to funding source. In addition, SUBRECIPIENT will
25 include a reference to the support provided herein in all publications made possible with funds
26 made available under this CONTRACT. SUBRECIPIENT will retain documentation of such
27 recognition, which shall be available for periodic monitoring by representatives of COUNTY or
28 HUD.
29 3. Records to be Maintained
30 SUBRECIPIENT shall maintain all records required by the Federal regulations
31 specified in 24 CFR 570.503(b)(2), 570.506, 570.507 and 570.508 that are pertinent to the
32 activities to be funded under this CONTRACT. Such records shall include, but not be limited
33 to:
34 1. Records providing a full description of each activity undertaken;
35 2. Records demonstrating that each activity undertaken meets one of the
36 National Objectives of the CDBG program;
37 3. Records required to determine the eligibility of activities;
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3 4. Records required to document the acquisition, improvement, use, or
4 disposition of real property acquired or improved with CDBG assistance;
5 5. Records documenting compliance with the fair housing and equal
6 opportunity components of the CDBG program;
7 6. Financial records as required by 24 CFR 570.502, and OMB Circular A -87;
8 and
9 7. Other records necessary to document compliance with Subpart K of 24
10 CFR 570.
11 8. Retention
12 SUBRECIPIENT shall retain all records pertinent to expenditures incurred under
13 this CONTRACT for a period of five (5) years after the termination of all activities funded under
14 this CONTRACT, or after the resolution of all Federal audit findings, whichever occurs later.
15 Records for non - expendable property acquired with funds under this CONTRACT shall be
16 retained for five (5) years after final disposition of such property. Records for any displaced
17 person must be kept for five (5) years after s /he has received final payment.
18 9. Client Data
19 a. SUBRECIPIENT shall maintain client data demonstrating client
20 eligibility for services provided for a period of five (5) years after the termination of all
21 activities funded under this CONTRACT, or after the resolution of all Federal audit findings,
22 whichever occurs later. Such data shall be consistent and include, but not be limited to, client
23 name, address, verifiable income level (as documented by income tax returns, employee
24 payroll records, retirement statements, etc. or other third party documentation acceptable to
25 COUNTY, for determining eligibility), and description of service provided. Such information
26 shall be made available to HUD representatives, COUNTY monitors, or their designees, for
27 review upon request.
28 b. SUBRECIPIENT shall develop and implement procedures to ensure
29 the confidentiality of records pertaining to any individual provided family violence prevention
30 or treatment services under any project assisted under the subject program, including
31 protection against the release of the address or location of any family violence shelter project,
32 except with the written authorization of the person responsible for the operation of the shelter.
33 10. Property Records
34 SUBRECIPIENT shall maintain real property inventory records, which clearly
35 identify properties purchased, improved, or sold. Properties retained shall continue to meet
36 eligibility criteria, rental limitations, health, safety and building codes, etc., and shall conform
37 with 24 CFR 570.505(a).
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3 K. Close -Out
4 SUBRECIPIENT's obligation to COUNTY shall not end until all close -out
5 requirements are completed. Activities during this close -out period shall be completed in
6 accordance with 24 CFR 570.509 and shall include, but are not limited to: making final
7 payments; submitting final invoice(s), report(s), in accordance with the requirements of
8 paragraph V.E.4 above, and documentation; disposing of program assets (including the return
9 to COUNTY of all unused materials and equipment); remitting any program income balances
10 and receivable accounts to COUNTY, and determining the custodianship of records.
11 L. Equipment
12 SUBRECIPIENT shall use, manage and dispose of equipment in accordance with
13 24 CFR 85.32 and 24 CFR 570.502.
14 VIII. PERFORMANCE
15 A. SUBRECIPIENT shall comply with all applicable HUD regulations, as described in
16 Section XII of this CONTRACT, concerning administrative requirements and maintain records
17 as to services provided and total number of persons served through the project, including but
18 not limited to, population- served analysis (i.e., extremely -low income persons, very -low
19 income persons, and low - income persons as defined by HUD). Such information shall be
20 available for periodic monitoring by representatives of COUNTY or HUD and shall be submitted
21 by SUBRECIPIENT in report form to COUNTY by dates specified by COUNTY.
22 B. The following "Performance Threshold" criteria shall be used to assess the level
23 of performance of the SUBRECIPIENT. Furthermore, the criteria will be considered by OC
24 Community Resources when determining future funding. In order to be considered in
25 compliance with the following performance criteria, the SUBRECIPIENT must, on or before the
26 required milestone date, submit to OC Community Resources a request for reimbursement
27 which demonstrates that SUBRECIPIENT has expended funds and met their proposed
28 accomplishment goals at the required levels, unless exempted in writing by the DIRECTOR.
29 0 Minimum
30 Performance Expenditure and
31 Milestone Date Accomplishment Thresholds
32 November 15, 2009 30% of Contracted Amount Expended and
33 30% of Proposed Accomplishments Met
34 December 15, 2009 50% of Contracted Amount Expended and
35 50% of Proposed Accomplishments Met
36 January 15, 2010 70% of Contracted Amount Expended and
37 70% of Proposed Accomplishments Met
38 March 15, 2010 80% of Contracted Amount Expended and
39 80% of Proposed Accomplishments Met
40
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3 Failure to achieve at least the aforementioned 50% drawdown, without a written
4 exemption approved by the DIRECTOR, may cause any remaining balance in this CONTRACT
5 to be reclaimed by COUNTY, and will negatively affect future funding to SUBRECIPIENT. Failure
6 to achieve the aforementioned 80% drawdown goal, without written exemption approved by
7 the DIRECTOR, may cause any remaining balance in this CONTRACT to be reclaimed by
8 COUNTY, and will impact future funding to SUBRECIPIENT.
9 C. SUBRECIPIENT shall complete and submit a Year End GPR Information Form by
10 July 15, 2010.
11 D. Should the activity being funded through this CONTRACT be completed,
12 cancelled or terminated prior to the termination date set forth herein in Section V. A.,
13 SUBRECIPIENT shall complete and submit a Mid -Year End GPR at the time of the completion,
14 cancellation or termination. Said GPR Information Form shall consist of a cumulative reporting
15 of project - related expenditures and accomplishments relative to the attached SUBRECIPIENT
16 SCOPE OF SERVICES. If activity funded through this CONTRACT is completed, or if funds
17 allocated through this CONTRACT are fully expended, prior to end of CONTRACT term,
18 SUBRECIPIENT must continue to serve its clients for the entire term of this CONTRACT.
19 E. SUBRECIPIENT shall complete and submit a GPR in support of all requests for
20 reimbursement. Said GPR shall consist of a cumulative report of project- related
21 accomplishments relative to attached SUBRECIPIENT SCOPE OF SERVICES for the subject
22 quarter. If at any time during the term of this CONTRACT SUBRECIPIENT has no activity occur
23 during any quarter, SUBRECIPIENT shall prepare and submit to COUNTY a Quarterly GPR,
24 regardless of actual activity.
25 F. SUBRECIPIENT acknowledges that the GPR Form is a monitoring tool that will be
26 reviewed and evaluated to determine SUBRECIPIENT's level of performance relative to .this
27 CONTRACT.
28 G. SUBRECIPIENT shall submit all requested data necessary to complete the
29 Consolidated Annual Performance and Evaluation Report (CAPER), and monitor program
30 accountability and progress in accordance with HUD requirements, in the format and at the
31 time designated by COUNTY.
32 IX. PERFORMANCE MONITORING
33 A. Performance monitoring of SUBRECIPIENT by COUNTY and /or HUD shall consist
34 of requested and /or required written reporting, as well as onsite monitoring by COUNTY or
35 HUD representatives.
36 B. COUNTY shall periodically evaluate SUBRECIPIENT's progress in complying with
37 the terms of this CONTRACT. SUBRECIPIENT shall cooperate fully during such monitoring.
38 COUNTY shall report the findings of each monitoring to SUBRECIPIENT.
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3 C. COUNTY shall monitor the performance of SUBRECIPIENT against the goals,
4 outcomes, milestones and performance standards required herein. Substandard performance,
5 as determined by COUNTY, will constitute non - compliance with this CONTRACT for which
6 COUNTY may immediately terminate the CONTRACT. If action to correct such substandard
7 performance is not taken by SUBRECIPIENT within the time period specified by COUNTY,
8 payment(s) will be denied in accordance with the provisions contained in Section VI of this
9 CONTRACT.
10 X. MODIFICATIONS /TRANSFERS OF REAL PROPERTY
11 A. Any proposed modification or change in use of real property acquired or
12 improved, in whole or in part, by CDBG funds from the use planned at the time of the
13 acquisition or improvement, including disposition, is expressly prohibited.
14 B. SUBRECIPIENT shall ensure that any real property under SUBRECIPIENT's
15 control that was acquired or improved in whole or in part with CDBG funds in excess of
16 $25,000 is either:
17 1. Used to meet one of the national objectives contained in 24 CFR 570.208
18 for a period not less than five years, or for such period of time as determined to be
19 appropriate by COUNTY, after expiration of the CONTRACT and close -out of SUBRECIPIENT's
20 participation in the CDBG Program, or, until five years after the close -out of the grant from
21 which the assistance to the property was provided, whichever occurs first; or,
22 2. Disposed of in a manner that results in COUNTY being reimbursed in an
23 amount equal to the current fair market value of the property less any portion of the value
24 attributable to expenditures of non -CDBG funds for acquisition of, or improvement to, the
25 property. Such reimbursement is not required after the period of time specified in accordance
26 with X. B. 1. above.
27 XI. AUDITS
28 If SUBRECIPIENT expends Federal funds in a fiscal year equal or exceed $500,000 (five
29 hundred thousand dollars and no cents) as specified in OMB Circular A- 133 - Revised,
30 SUBRECIPIENT shall cause an audit to be prepared by a Certified Public Accountant (CPA) who
31 is a member in good standing with the American Institute of Certified Public Accountants
32 (AICPA) of the California Society of CPA's. The audit must be performed annually in
33 accordance with Generally Accepted Auditing Standards (GAAS) authorized by the AICPA and
34 Federal laws and regulations governing the programs in which it participates. Furthermore,
35 COUNTY retains the authority to require SUBRECIPIENT to submit similarly prepared audit at
36 SUBRECIPIENT's expense even in instances when SUBRECIPIENT's expenditure is less than
37 $500,000. SUBRECIPIENT will be required to identify corrective action taken in response to
38 any findings identified by CPA related to their funded activity or program.
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3 SUBRECIPIENT shall submit two (2) copies of such audit report, including a copy of the
4 management letter, to COUNTY within six (6) months of the end of each CONTRACT year in
5 which SUBRECIPIENT has received federal funding (i.e., July 1 - June 30). Failure to meet
6 this requirement may result in COUNTY denying reimbursement of funds to SUBRECIPIENT, as
7 well as future funding qualification. SUBRECIPIENTS, which are exempt from statutory audit
8 requirements, shall maintain records, which are available for review by COUNTY or
9 Federal officials. SUBRECIPIENT acknowledges that any and all "Financial Statements"
10 submitted to COUNTY pursuant to this COUNTY become Public Records and are subject to
11 public inspection pursuant to Sec.6250 et seq. of the California Government Code.
12 XII. FEDERAL ADMINISTRATIVE REQUIREMENTS
13 A. Financial Management
14 . 1. Accounting Standards
15 SUBRECIPIENT agrees to comply with OMB Circular A -87 and agrees to
16 adhere to the accounting principles and procedures required therein, utilize adequate internal
17 controls, and maintain necessary source documentation for all costs incurred.
18 2. Cost Principles
19 SUBRECIPIENT shall administer its program in conformance with OMB
20 Circulars A -122, "Cost Principles for Non - Profit Organizations," or A -21, "Cost Principles for
21 Educational Institutions," (and if SUBRECIPIENT is a governmental or quasi - governmental
22 agency, the applicable sections of 24 CFR 85, "Uniform Administrative Requirements for
23 Grants and Cooperative Contracts to State and Local Governments, ") as applicable. These
24 principles shall be applied for all costs incurred whether charged on a direct or indirect basis.
25 B. Civil Rights
26 1. Compliance
27 SUBRECIPIENT agrees to comply with Title VI of the Civil Rights Act of
28 1964, as amended, Title VIII of the Civil Rights Act of 1968, as amended, Section 109 of the
29 Title I of the Housing and Community Development Act of 1974, Section 504 of the
30 Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination
31 Act of 1975, Executive Order 11063, and with Executive Order 11246, as amended by
32 Executive Orders 11375 and 12086.
33 2. Nondiscrimination
34 SUBRECIPIENT shall not discriminate against any employee or applicant
35 for employment because of race, color, creed, religion, ancestry, national origin, sex, disability
36 or other handicap, age, marital status, or status with regard to public assistance.
37 ///
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3 SUBRECIPIENT will take affirmative action to insure that all employment practices are free
4 from hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, and
5 termination discrimination. Such employment practices include but are not limited to the
6 following: rates of pay or other forms of compensation, and selection for training, including
7 apprenticeship. SUBRECIPIENT agrees to post in conspicuous places, available to employees
8 and applicants for employment, notices to be provided by the COUNTY setting forth the
9 provisions of this nondiscrimination clause.
10 3. Rehabilitation Act
11 SUBRECIPIENT agrees to comply with any federal regulations issued
12 pursuant to compliance with Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 706)
13 which prohibits discrimination against the handicapped in any federally assisted program.
14 COUNTY shall provide SUBRECIPIENT with any guidelines necessary for compliance with that
15 portion of the regulations in force during the term of this CONTRACT.
16 C. Drug -Free Workplace
17 SUBRECIPIENT shall continue to provide a drug free workplace by:
18 1. Publishing a statement notifying employees that the unlawful
19 manufacture, distribution, dispensing, possession, or use of a controlled substance is
20 prohibited in the SUBRECIPIENT's workplace and specifying the actions that will be taken
21 against employees for violation of such prohibition;
22 2. Establishing an ongoing drug -free awareness program to inform
23 employees about:
24 a. The dangers of drug abuse in the workplace;
25 b. The SUBRECIPIENT's policy of maintaining a drug -free workplace;
26 c. Any available drug counseling, rehabilitation, and employee
27 assistance programs;
28 d. The penalties that may be imposed upon employees for drug
29 abuse violations occurring in the workplace;
30 3. Making it a requirement that each employee engaged in the performance
31 of the grant be given a copy of the statement required by paragraph C.1;
32 4. Notifying the employee in the statement required by paragraph C.1. that,
33 as a condition of employment under the grant, the employee will:
34 a. Abide by the terms of the statement;
35 b. Notify the employer in writing of his or her conviction for a
36 violation of a criminal drug statute occurring in the workplace, no later than five (5) calendar
37 days after such conviction;
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3 5. Notifying COUNTY in writing, within ten (10) calendar days after
4 receiving such notice as stated under paragraph C.4 (b) from an employee or otherwise
5 receiving actual notice of such conviction. Employers of convicted employees must provide
6 notice, including position title, to every grant officer or other designee on whose grant activity
7 the convicted employee was working, unless COUNTY has designated a central point for the
8 receipt of such notices. Notice shall include the identification number(s) of each affected
9 grant; and,
10 6. Taking one of the following actions, within thirty (30) calendar days of
11 receiving notice, as stated under paragraph C.4 (b), with respect to any employee who is so
12 convicted:
13 a. Taking appropriate personnel action against such an employee, up
14 to and including termination, consistent with the requirements of the Rehabilitation Act of
15 1973, as amended; or,
16 b. Requiring such employee to participate satisfactorily in a drug
17 abuse assistance or rehabilitation program for such purposes by Federal, State, or local health,
18 law enforcement, or other appropriate agency.
19 D. Affirmative Action
20 SUBRECIPIENT agrees that it shall be committed to carry out an Affirmative
21 Action Program that encompasses the principles provided in President's Executive Order
22 11246, as revised on January 4, 2002.
23 E. Americans with Disabilities Act
24 SUBRECIPIENT agrees to comply with any federal regulations issued pursuant to
25 compliance with the Americans with Disabilities Act which prohibits discrimination and ensures
26 equal opportunity for persons with disabilities in employment, State and local government
27 services and public accommodations.
28 F. Employment Restrictions
29 1. Prohibited Activity
30 SUBRECIPIENT is prohibited from using funds provided herein, or
31 personnel employed in the administration of the program, for: political activities, sectarian or
32 religious activities, lobbying, political patronage, and nepotism activities.
33 2. OSHA
34 Where employees are engaged in activities not covered under the
35 Occupational Safety and Health Act of 1970, they shall not be required or permitted to work,
36 be trained, or receive services in buildings or surroundings or under working conditions, which
37 are unsanitary, hazardous or dangerous to the participants' health or safety.
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3 3. Labor Standards
4 a. SUBRECIPIENT agrees to contact COUNTY no less than fourteen
5 (14) days prior to bid opening date to seek consultation regarding application of requirements
6 per federal labor standards regulations or Davis -Bacon related Acts.
7 b. SUBRECIPIENT will comply with Davis -Bacon Act and /or State
8 Prevailing Wage requirements, when applicable.
9 c. SUBRECIPIENT agrees to comply with all applicable requirements
10 of the Secretary of Labor in accordance with the Davis -Bacon Act, the provisions of Contract
11 Work Hours and Safety Standards Act, the Copeland "Anti- Kickback" Act (40 U.S.C. 276, 327-
12 333), and all other applicable federal, state and local laws and regulations pertaining to labor
13 standards. SUBRECIPIENT shall maintain all applicable documentation, which demonstrates
14 compliance with hour and wage requirements of this part. Such documentation shall be made
15 available to COUNTY for review upon request.
16 d. SUBRECIPIENT agrees that, except with respect to the
17 rehabilitation or construction of residential property designed for residential use for less than
18 eight (8) units, all contractors engaged in contracts of $2,000.00 or more for construction,
19 renovation or repair of any building or work financed in whole or in part with assistance
20 provided under this CONTRACT, shall comply with all applicable federal requirements including
21 Department of Labor regulations, under 29 CFR, Parts 3, 1, 5, 7 and 1926 governing the
22 payment of wages and ratio of apprentices and trainees to journeymen. Nothing hereunder is
23 intended to relieve SUBRECIPIENT of its obligation, if any, to require payment of the higher
24 rate under state or local laws SUBRECIPIENT shall insert provisions meeting the requirements
25 of this paragraph in all such Contracts.
26 e. In cases where the Davis -Bacon Act applies, SUBRECIPIENT
27 agrees to submit the Construction Bid Package for this project to DIRECTOR for review and
28 written approval prior to advertising for bids and award of the construction Contract. Unless
29 prior written approval is received from DIRECTOR for modification SUBRECIPIENT shall
30 construct project in accordance with the approved Construction Bid Package.
31 4. California Labor Code Compliance
32 a. If Prevailing Wage laws apply, SUBRECIPIENT hereby agrees to
33 pay, or cause its subcontractors to pay, Prevailing Wage rates at all times for all construction,
34 improvements, or modifications to be completed for COUNTY under this CONTRACT.
35 Subrecipient herein agrees that SUBRECIPIENT shall post, or cause to be posted, a copy of the
36 most current, applicable Prevailing Wage rates at the site where the construction,
37 improvements, or modifications are performed.
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3 b. Payroll Records
4 SUBRECIPIENT agrees that:
5 Certified copies of all payroll records for this project shall be
6 required pursuant to the provisions of California Labor Code "Section 1776 ". The reporting
7 format and words of certification shall be as indicated in Title 8 of the California Code of
8 Regulations, Section 16401.
9 Certified copies of payroll records of all subcontractors working on
10 this project are required. It shall be the responsibility of the prime contractor to ensure
11 subcontractor compliance.
12 Certified copies of all payroll records shall be submitted on a
13 weekly basis to COUNTY through the duration of this CONTRACT.
14 SUBRECIPIENT acknowledges that failure to comply with Section
15 1776 may result in a forfeiture of twenty -five dollars ($25) for each calendar day, or portion
16 thereof, for each worker, until strict compliance is effectuated, and it should be recognized
17 that a contractor or subcontractor, or agent or representative thereof who neglects to comply
18 is guilty of a misdemeanor pursuant to California Labor Code Section 1777.
19 5. Economic Opportunities
20 a. Compliance
21 This Contract is subject to the requirements of 12 USC 1701u, the
22 HUD regulations issued pursuant thereto at 24 CFR, 135.1 et seq., and any applicable rules
23 and orders of HUD issued Federal financial assistance shall be conditioned upon compliance
24 with 12 USC 1701u. Failure to fulfill these requirements shall subject SUBRECIPIENT and any
25 sub - subrecipients, their successors and assigns, to those remedies specified herein.
26 SUBRECIPIENT certifies and agrees that no conflict exists which would prevent compliance
27 with requirements.
28 The Contractor agrees to abide by 24 CFR, 135.38, below and will insert
29 the following clause in any subcontracts executed with third parties for work covered by this
30 Contract:
31 "The work to be performed under this contract is subject to the requirements of
32 section 3 of the Housing and Urban Development Act of 1968, as amended, 12
33 U.S.C. 1701u (section 3). The purpose of section 3 is to ensure that employment
34 and other economic opportunities generated by HUD assistance or HUD - assisted
35 projects covered by Section 3, shall, to the greatest extent feasible, be directed to
36 low- and very low- income persons, particularly persons who are recipients of HUD
37 assistance for housing.
38 ///
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3 The parties to this contract agree to comply with HUD's regulations in 24 CFR part
4 135, which implement Section 3. As evidenced by their execution of this contract,
5 the parties to this contract certify that they are under no contractual or other
6 impediment that would prevent them from complying with the part 135
7 regulations.
8 The contractor agrees to send to each labor organization or representative of
9 workers with which the contractor has a collective bargaining agreement or other
10 understanding if any, a notice advising the labor organization or workers'
11 representative of the contractor's commitments under this section 3 clause, and
12 will post copies of the notice in conspicuous places at the work site where both
13 employees and applicants for training and employment positions can see the
14 notice. The notice shall describe the section 3 preference, shall set forth minimum
15 number and job titles subject to hire, availability of apprenticeship and training
16 positions, the qualifications for each; and the name and location of the person(s)
17 taking applications for each of the positions; and the anticipated date the work
18 shall begin.
19 The contractor agrees to include this section 3 clause in every subcontract subject
20 to compliance with regulations in 24 CFR part 135, and agrees to take appropriate
21 action, as provided in an applicable provision of the subcontract or in this section 3
22 clause, upon a finding that the subcontractor is in violation of the regulations in 24
23 CFR part 135. The contractor will not subcontract with any subcontractor where the
24 contractor has notice or knowledge that the subcontractor has been found in
25 violation of the regulations in 24 CFR part 135.
26 The contractor will certify that any vacant employment positions, including training
27 positions, that are filled (1) after the contractor is selected but before the contract
28 is executed, and (2) with persons other than those to whom the regulations of 24
29 CFR part 135 require employment opportunities to be directed, were not filled to
30 circumvent the contractor's obligations under 24 CFR part 135.
31 Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions,
32 termination of this contract for default, and debarment or suspension from future
33 HUD assisted contracts.
34 With respect to work performed in connection with section 3 covered Indian
35 housing assistance, section 7(b) of the Indian Self - Determination and Education
36 Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under
37 this contract. Section 7(b) requires that to the greatest extend feasible (1)
38 preference and opportunities for training and employment shall be given to
39 Indians, and (ii) preference in the award of contracts and subcontracts shall be
40 given to Indian organizations and Indian -owned Economic Enterprises. Parties to
41 this contract that are subject to the provisions of section 3 and section 7(b) agree
42 to comply with section 3 to the maximum extent feasible, but not in derogation of
43 compliance with section 7(b)."
44 6. Hatch Act
45 SUBRECIPIENT agrees that no funds provided, nor personnel employed
46 under this CONTRACT, shall be in any way or to any extent engaged in the conduct of political
47 activities in violation of the Hatch Act, 5 U.S.C. Section 1501 et seq.
48
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3 7. Conflict of Interest
4 SUBRECIPIENT agrees to abide by the provisions of OMB Circulars 102 and 110, as applicable,
5 24 CFR 570..611 with respect to conflicts of interest, and covenants that it presently has no
6 financial interest and shall not acquire any financial interest, direct or indirect, which would
7 conflict in any manner or degree with the performance of services required under this
8 CONTRACT. SUBRECIPIENT further covenants that in the performance of this CONTRACT no
9 person having such a financial interest shall be employed or retained by SUBRECIPIENT
10 hereunder. These conflict of interest provisions apply to any person who is an employee,
11 agent, consultant, officer, or elected official or appointed official of COUNTY or SUBRECIPIENT,
12 or any designated public agencies which are receiving funds under the CDBG Entitlement
13 program.
14 G. Copyright
15 If this CONTRACT results in any copyrightable material, COUNTY and /or grantor
16 agency reserves the right to royalty -free, non - exclusive, and irrevocable license to reproduce,
17 publish or otherwise use and to authorize others to use, the work (i.e., photographs and the
18 like) for government purposes.
19 H. Religious Organization
20 In accordance with 24 CFR 570.200(j), SUBRECIPIENT shall not discriminate
21 against faith -based organizations in administering its federal HUD activities. However,
22 SUBRECIPIENT agrees that funds provided under this CONTRACT will not be utilized for
23 religious activities, to promote religious interest, or for the benefit of a religious organization in
24 accordance with 24 CFR 570.200(j)(2).
25 I. Anti - Lobbying
26 SUBRECIPIENT certifies that:
27 1. No Federal appropriated funds will be paid, by or on behalf of it, to any
28 person for influencing or attempting to influence an officer or employee of any agency, a
29 Member of Congress, an officer or employee of congress, or an employee of a Member of
30 Congress in connection with the awarding of any Federal Contract, the making of any Federal
31 grant, the making of any Federal loan, the entering into of any Cooperative Agreement, and
32 the extension, continuation, renewal, amendment, or modification of any Federal Contract,
33 grant, loan, or Cooperative Agreement;
34 2. SUBRECIPIENT will complete and submit Standard Form -LLL "Disclosure
35 of Lobbying Activities," if any funds other than Federal appropriated funds have been paid, in
36 accordance with its instructions; and,
37 3. SUBRECIPIENT shall include subject anti - lobbying certification in award
38 documents for all sub - subrecipients at all tiers (including sub - subcontracts, sub - subgrants,
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3 and Contracts under grants, loans, and Cooperative Agreements) and that all sub -
4 subrecipients shall certify and disclose accordingly.
5 XIII. ENVIRONMENTAL CONDITIONS
6 A. SUBRECIPIENT shall comply with HUD Environmental Review under HUD
7 regulations at 24 CFR 58 et seq., which implement the National Environmental Policy Act
8 (NEPA); and, the California Environmental Quality Act (CEQA). No costs shall be incurred and
9 no funds shall be disbursed prior to certification by COUNTY and /or HUD of environmental
10 compliance.
11 B. SUBRECIPIENT shall incur no costs for any project - related activity defined in
12 SUBRECIPIENT SCOPE OF SERVICES and COUNTY shall not disburse funds prior to certification
13 by COUNTY and /or HUD for environmental compliance.
14 C. SUBRECIPIENT shall provide requested materials to COUNTY for the
15 Environmental Review process required by applicable regulations.
16 D. Air and Water
17 SUBRECIPIENT agrees to comply with the following regulations insofar as they
18 apply to the performance of this CONTRACT:
19 1. Clean Air Act, 42 U.S.C., 1857, et seq.
20 2. Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, et seq.
21 3. Environmental Protection Agency (EPA) regulations pursuant to 40 CFR
22 50 and 40 CFR 58.
23 E. Flood Disaster Protection
24 SUBRECIPIENT agrees to comply with the requirements of the Flood Disaster Protection Act of
25 1973, including as applicable any regulations set forth in 24 CFR 55, in regard to the sale,
26 lease or other transfer of land acquired, cleared, or improved under the terms of this
27 CONTRACT, as it may apply to the provisions of this CONTRACT.
28 F. Lead -Based Paint
29 SUBRECIPIENT agrees that any construction or rehabilitation of residential
30 structures with assistance provided under this CONTRACT shall be subject to HUD Lead -Based
31 Paint Regulations at 24 CFR 570.608, and 24 CFR 35. Such regulations pertain to all HUD -
32 assisted housing and require that all owners, prospective owners, and tenants or properties
33 constructed prior to 1978 be properly notified with the "Protect Your Family From Lead In Your
34 Home" publication, found at http: / /www.epa.gov /lead that such properties may include lead -
35 based paint.
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3 G. Historic Preservation
4 SUBRECIPIENT agrees to comply with the Historic Preservation requirements set
5 forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the
6 procedures set forth in 36 CFR 800, Protection of Historic Properties, insofar as they apply to
7 the performance of this CONTRACT.
8 In general, this requires concurrence from the State Historic Preservation Officer
9 for all rehabilitation and demolition of historic properties that are fifty years old or older or that
10 are included on a Federal, State, or local historic property list.
11 H. Energy Efficiency Standards
12 SUBRECIPIENT agrees to comply with the California Energy Commission
13 Assembly Bill 970, Title 24, Part I of the California Code of Regulations (AB970: Building
14 Efficiency Energy Standards), in regard to construction and property development, when
15 applicable.
16 XIV. NOTICES
17 Any communication with COUNTY and SUBRECIPIENT concerning this CONTRACT shall
18 be directed as follows:
19 COUNTY:
20 County of Orange
21 OC Community Resources
22 1770 North Broadway
23 Santa Ana, California 92706 -2642
24 Attention: Chief, Community Development
25
26 SUBRECIPIENT:
27 City of Seal Beach
28 211 Eighth Street
29 Seal Beach, CA 90740
30 Attention: Lee Whittenberg
31 Phone: (562) 431 -2527
32 Fax: (562) 430 -8763
33 ///
34 ///
35 ///
36 ///
37 ///
38 ///
25
•
• Contract No. KC09845
IDIS No.1845
1
2
3 IN WITNESS WHEREOF, SUBRECIPIENT has caused this CONTRACT to be
4 executed by its Mayor and its City Manager; COUNTY has caused this CONTRACT to be
5 executed by the DIRECTOR of OC Community Resources; all having been duly authorized by
6 the City Council, of SUBRECIPIENT and the Orange County Board of Supervisors, respectively.
7
8 SUBRECIPIENT*:
9 City of Seal Beach,
10 a Municipal Corporation
11 in the State of California
12
®'
13 By: By:
14 Name: Gordon A. Shanks Name: David Carmany
15 Title: Mayor , Title: City Manager
16 Date: 01.40c, Date: 1
17
18 *For Contractors /Vendors that are a corporation. Signature requirements are as follows:
19 1) One signature by the Chairman of the Board, the President or any Vice President,
20 And
21 2) One signature by the Secretary, any Assistant Secretary, the Chief Financial Officer
22 or an Assistant Treasurer.
23 For Contractors /Vendors that are not a corporation, the person who has authority to bind the
24 Contractor /Vendor to a CONTRACT must sign on one of the lines above.
25
26
27
28
29 COUNTY OF ORANGE, a political
30 subdiv'.io of the State of California ni
31 �
fit- 5 ?, R 4
32 By:
33 I IRECTOR, OC Community Resources
34
35 74 -/oq
36 Date:
37
38
39
40
41
42
43
44
45
46 COUNTY COUNSEL,
47 APPROVAL AS TO FORM:
48 April 1, 2009
26
1 • Scope of Services
2 CDBG Contract No.KC09845
3 IDIS No. 1845
4
5 COMMUNITY DEVELOPMENT BLOCK GRANT
6 SUBRECIPIENT SCOPE OF SERVICES
7 (Program Year 2009 -10)
8
9
10 This Scope of Services is part of the Contract between the County of Orange
n and City of Seal Beach, SUBRECIPIENT, dated 5 / 5 / 0 7 . It is incorporated
12 into that Contract as though fully set forth therein:
13
14 TITLE OF PROJECT: Leisure World Bathroom Accessibility Program
15 SUBRECIPIENT: City of Seal Beach
16 ACTIVITY: Housing Rehabilitation 570.202 (a)(1)
17 MATRIX CODE: 14a Rehab; Single -Unit Residential
18
19 I. SCOPE OF SERVICES
20 A. Activities
21 SUBRECIPIENT will be responsible for administering a Program Year
22 2009 -10 Community Development Block Grant project described as follows in a
23 manner satisfactory to the COUNTY and consistent with any standards required as a
24 condition of providing these funds:
25 Project Description
26 The City of Seal Beach will use the CDBG funding to implement its
27 leisure World Bathroom Accessibility Program for 40 to 60 qualified senior citizens.
28 The program is designed to assist seniors with bathroom accessibility and safety by
29 cutting -down the tub walls and converting the tub /shower into an accessible shower -
30 only. In addition the funds will be use to install grab bars, highboy toilets, and
31 bathroom faucets that are ADA compliant. It is estimated that an average of $3,500
32 will be applicable per unit.
33 / ///
34 / ///
35 / ///
36
37
-Al-
1 • Scope of Service
2 CDBG Contract No.KC09845
3 IDIS No. 1845
4
5 B. In addition to the normal administrative services required as part of this
6 Contract, the SUBRECIPIENT agrees to meet the following level(s) of
7 accomplishment:
8 Scope of Work
9 Use of Funds Level of Accomplishment
10 No. 1: Construction
11 Bathroom Rehabilitation 40 to 60 Housing Units
12
13 C. National Objective
14 The subject activities are consistent in complying with the following
15 national objective as set forth in LMH 570.208(a)(3)
16 Direct Benefit - Low and Moderate Income: Low Mod Housing
17
18 D. Program Impact (outcomes): describe to what extent this activity delivers
19 the desired outcomes in the community or in the lives of the persons assisted:
20 1. Decent Housing 2. Affordability
21
22 II. BUDGET
23 A. This contract is in an amount not to exceed $200,000.00 (Two Hundred
24 Thousand Dollars and 00 Cents).
25 B Project Funding Budget
26 1. The subject proposal will be financed under this contract as
27 follows:
28 Construction Costs $200,000.00
29
30 Total $200,000.00
31
32 2. Funds shall be used for the following items:
33 Costs relating to construction rehabilitation of senior housing bathroom units.
34 Reimbursement will be valid for construction, materials and supplies, labor costs,
35 handicap fixtures and hauling away of all waste materials.
-A2-
1
Scope of Services
2 CDBG Contract No. KC09845
3 IDIS No. 1845
4
5 3. Line items identified in Section II.B.1. above are to be considered
6 as estimates. Compensation for costs incurred during the life of this contract may
7 be reallocated between said line items. Upon written request by SUBRECIPIENT and
8 written approval by the DIRECTOR, compensation may be reallocated to address any
9 costs incurred for previously unbudgeted uses eligible under the applicable State and
10 Federal regulations, particularly the Federal regulations at CFR 24 Part
11 570.202(a)(1).
12
13 III. SUBRECIPIENT CONTACT
14 City of Seal Beach
15 211 Eight Street
16 Seal Beach, CA 90740
17 Attention: Lee Whittenberg
18 Phone: (562) 431-2527
19 Fax: (562) 430-8763
20 /1/
21 1/1
22 /1/
23 /1/
24 /1/
25 /1/
26 /1/
2 7 /1/
28 /1/
29 /1/
-A3-
• •
Exhibit to Contract No. KC09845
l
2
3 OC Community Resources
4 Child Support Provisions
5
6
7
8 These Child Support Enforcement Provisions have been approved by the Orange County Board
9 of Supervisors and are hereby incorporated into Contract No.KC09845 at the direction of the
10 Director, OC Community Resources.
11
12
13 PROVISIONS
14
15 Child Support Enforcement Requirements
16 1. In order to comply with child support enforcement requirements of the
17 County of Orange, within 30 days of award of contract, contractor agrees to furnish to the
18 contract administrator:
19 a. In the case of an individual contractor, his /her name, date of
20 birth, Social Security number, and residence address;
21 b. In the case of a contractor doing business in form other than as
22 an individual, the name, date of birth, Social Security number, and residence address of each
23 individual who owns an interest of 10 percent or more in the contracting entity;
24 c. A certification that the contractor has fully complied with all
25 applicable federal and state reporting requirements regarding its employees; and
26 d. A certification that the contractor has fully complied with all
27 lawfully served Wage and Earnings Assignment Orders and Notices of Assignment and will
28 continue to so comply,
29 2. The certification will be stated as follows:
30 "I certify that City of Seal Beach is in full compliance with all applicable
31 federal and state reporting requirements its employees and with all lawfully served
32 Wage and Earnings Assignment Orders and Notices of Assignment and will continue to
33 be in compliance throughout the term of Contract No. KC09845 with the County of
34 Orange. I understand that failure to comply shall constitute a material breach of the
35 contract and that failure to cure such breach within 60 calendar days of notice from
36 the County shall constitute grounds for termination of the contract without cost to the
37 County."
38
39
- CS1-
i •
Exhibit to Contract No. KC09845
1
2 It is expressly understood that this data will be transmitted to
3 government agencies charged with the establishment and enforcement of child support orders
4 and for no other purposes.
5 Failure of the contractor to timely submit the data and /or certifications
6 required above or to comply with all federal and state reporting requirements for child support
7 enforcement or to comply with all lawfully served Wage and Earnings Assignment Orders and
8 Notices of Assignment shall constitute a material breach of the contract. Failure to cure such
9 . breach within 60 calendar days of notice from the County shall constitute grounds for
10 termination of the contract.
11 ///
12 ///
13 ///
14 ///
15 ///
16 ///
17 ///
18 ///
19 ///
20 ///
21
-CS2-
•
411 •
Exhibit to Contract No. KC09845
1
2
3 ORANGE COUNTY CHILD SUPPORT ENFORCEMENT
4 CERTIFICATION REQUIREMENTS
5
6 A. In the case of an individual contractor, his /her name, date of birth, Social Security
7 number, and residence address:
8
9 Name:
10 D.O.B.:
11 Social Security No:
12 Residence Address:
13
14
15 B. In the case of a contractor doing business in a form other than as an individual, the
16 name, date of birth, Social Security number, and residence address of each individual
17 who owns an interest of 10 percent or more in the contracting entity:
18
19 • Name:
20 D.O.B.:
21 Social Security No:
22 Residence Address:
23
24
25 Name:
26 D.O.B.:
27 Social Security No:
28 Residence Address:
29
30
31 Name:
32 D.O.B.:
33 Social Security No:
34 Residence Address:
35
36
37 OC Form 5 -21 98/2009
38
-CS3-
Exhibit to Contract No. KC09845
1
2
3 CERTIFICATION OF COMPLIANCE
4
5
6
7 "I certify that City of Seal Beach is in full compliance with all applicable federal and
8 state reporting requirements regarding its employees and with all lawfully served "Wage and
9 Earnings Assignments Orders" and "Notices of Assignments" and will continue to be in
10 compliance throughout the term of:
11 1) Contract No. KC09845 or,
•
12
13 2) the Contract for City of Seal Beach - Leisure World Bathroom Accessibility Program
14 with the County of Orange. I understand that failure to comply shall constitute a material
15 breach of the contract and that failure to cure such breach within 60 calendar days of notice
16 from the County shall constitute grounds for termination of the contract without cost to the
17 County."
18
19 By: AA
20 Authorized Signature
21 Name: Gordon A. Shanks
22 Title: Mayor
23
24
25
26 By:
27 Authorized S gnature
28 Name: David Carmany
29 Title: City Manager
30
31 /// 0
32
33 ///
34
35 ///
36
37 /// •
38
39 ///
40
41 /// .
42
43 ///
44
45 OC Certification 5 -21 -98
-CS4-