HomeMy WebLinkAboutAGMT - Orange County Housing Rehabilitation & Amendment 1 (Leisure World Bathroom Accessibility Program)DocuSign Envelope ID: E4354E94-3877-4061-812D-3493477CA82D
FIRST AMENDMENT
TO CONTRACT # 18 -23 -0005 -HR
BETWEEN THE
COUNTY OF ORANGE
AND
CITY OF SEAL BEACH
FOR
THE PROVISION OF COMMUNITY DEVELOPMENT BLOCK GRANT (CFDA # 14.218)
ACTIVITY: HOUSING REHABILITATION
This Amendment to Contract # 18 -23 -0005 -HR, hereinafter referred to as "First
Amendment," is made and entered into or upon execution of all necessary signatures
between the County of Orange, a political subdivision of the State of California,
hereinafter referred to as "County" and City of Seal Beach, DUNS # 060752607, a
Municipal Corporation in the State of California, with a place of business at 211 Eighth
Street, Seal Beach, CA 90740-6305 hereinafter referred to as "Subrecipient," which are
sometimes individually referred to as "Party," or collectively referred to as "Parties."
This First Amendment is comprised of this document and following Attachments
and Exhibits, which are attached hereto and incorporated by reference herein:
Attachment A-1 (Scope of Services)
Exhibit 4 (Certification Regarding Debarment and Suspension
Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions)
RECITALS:
WHEREAS, County and Subrecipient entered into Contract Number 18 -23 -0005 -
HR (hereinafter referred to as "Original Contract"), for Housing Rehabilitation activities,
commencing July 1, 2018 and terminating on June 30, 2019 in the amount of
$180,000.00; and
WHEREAS, Parties desire to revise Attachment A, Scope of Services with
Attachment A-1 attached hereto and incorporated herein by this reference; and
WHEREAS, Parties desire to include Exhibit 4, Certification Regarding
Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered
County of Orange Page 1 of 3 City of Sea/ Beach
OC Community Resources Contract # 18 -23 -0005 -HR
DocuSign Envelope ID: E4354E94-3877-4061-812D-3493477CA82D
Transactions attached hereto and incorporated herein by this reference; and
WHEREAS, Subrecipient is performing satisfactory as required by the Contract;
NOW, THEREFORE, in consideration of the mutual obligations set forth herein,
both Parties mutually agree to amend as follows:
1. Attachment A- Scope of Services shall be replaced in its entirety with Attachment
A-1, below.
2. Exhibit 4 Certification Regarding Debarment, Suspension, Ineligibility and
Voluntary Exclusion Lower Tier Covered Transactions will be added, below.
Except as otherwise expressly set forth herein, all terms and conditions contained in the
Original Contract, including any amendments/modifications, are hereby incorporated
herein by this reference as if fully set forth herein and shall remain in full force and effect.
THE REMAINDER OF THE PAGE WAS INTENTIONALLY LEFT BLANK
County of Orange Page 2 of 3 City of Seal Beach
OC Community Resources Contract # 18 -23 -0005 -HR
DocuSign Envelope ID: E4354E94-3877-4061-812D-3493477CA82D
IN WITNESS WHEREOF, the Parties hereto have executed this First Amendment on the
dates with their respective signatures:
* City of Seal Beach
�ll'l, D/ocuSigned by:
(t/I.I�A.WI
By: v By:
Name: 3i11 Ingram Name:
(Print)
Title: city Manager Title:
Dated: 5/8/2019 Dated:
(Print)
*For Contractors that are corporations, signature requirements are as follows: 1) One signature by the
Chairman of the Board, the President or any Vice President; and 2) One signature by the Secretary, any
Assistant Secretary, the Chief Financial Officer or an Assistant Treasurer.
For Contractors that are not corporations, the person who has authority to bind the contractor to a contract,
must sign on one of the lines above.
COUNTY OF ORANGE
A Political Subdivision of the State of California
DS DocuSigned by:
By: F'eawa Dated:
SUFBD08989F43C...
Dylan Wright, Director
OC Community Resources
5/15/2019
County of Orange Page 3 of 3 City of Seal Beach
OC Community Resources Contract # 18 -23 -0005 -HR
DocuSign Envelope ID: E4354E94-3877-4061-812D-3493477CA82D
ATTACHMENT A-1
SCOPE OF SERVICES
HOUSING REHABILITATION
1. Scope of Services
A. HUD Matrix Code / Activity:
14 A Rehab: Single -Unit Residential / 570.202(a) (1)
B. Project Title:
Leisure World Bathroom Accessibility Program
C. Program Description:
The City of Seal Beach will use CDBG funds to continue its Leisure World
Bathroom Accessibility Program. The program will assist between 60 and 85 frail
and/or disabled seniors within the Leisure World retirement community in the City
of Seal Beach. Grants will significantly improve bathroom accessibility and safety
by "cutting -down" the tub walls and converting the tub/shower into an accessible
"shower -only." This improves accessibility to the bathroom facilities for these
seniors, as well as reduces the likelihood of them falling in the bathroom. In
addition, grant funds will provide grab bars, and high -boy toilets that are ADA
compliant. Grant funding will average $2,935 per unit and will only be available to
Seniors who are income qualified, own their unit, and have a doctor's verification
of their health need for the improvements due to mobility problems, pain of
movement, loss of balance or other disabilities. The City of Seal Beach will pay for
all administration costs and the CDBG funds will be used for the bathroom
improvements. For the past 12 years, CDBG funding for this program has assisted
over 1,015 Seniors. No exterior rehabilitation work will occur.
D. Project Need:
Seal Beach Leisure World was built in the 1960's; before accessibility standards
were established. As an unfortunate result, the original tub/showers require
County of Orange Page 1 of 3 City of Seal Beach
OC Community Resources Contract # 18 -23 -0005 -HR
DocuSign Envelope ID: E4354E94-3877-4061-812D-3493477CA82D
ATTACHMENT A-1
Seniors to lift one leg over the tub wall, while balancing their body weight on one
leg on a slippery wet tub floor. The City of Seal Beach's Leisure World Bathroom
Accessibility Program eliminates this dangerous situation with the CDBG granted
funding. The City's program provides increased accessibility to proper personal
hygiene for Seniors with physical difficulties and range of mobility problems, pain
of movement, loss of balance or other disabilities. The City of Seal Beach's Leisure
World Bathroom Accessibility Program provides a desperately needed bathroom
modification, and allows qualified Seniors to continue to live in their existing
homes, near familiar surroundings and services available within Leisure World.
E. Low/Mod Neighborhood Preservation:
The City of Seal Beach's Leisure World Bathroom Accessibility Program will
provide increased accessibility to health and hygiene as well as livability for low-
income, older, residents in Leisure World. The CDBG funding significantly
improves bathroom accessibility and reduces the risk of falling for the Seniors.
Additionally, the program helps to improve the existing, older housing stock in Seal
Beach. The improvements will also benefit future senior residents as the program
expands and as new Seniors move into the Leisure World community and occupy
the refurbished housing units
F. Program Objectives and Outcomes Chart:
Activity
1. Project to Bid
2. Construction
3. Inspection, Sign -Off & Verified
Completion
Performance Objectives
1. Creating Economic Opportunities
2. Suitable Living Environment
3. Suitable Living Environment
CDBG National Objective LMH 570.208(a)(3)
Outcomes
60-85 Housing Units
Outputs
Contractor starts project
60-85 bathrooms made accessible
60-85 bathrooms made accessible
Performance Outcomes
Availability/Accessibility
Availability/Accessibility
Availability/Accessibility
County of Orange Page 2 of 3 City of Seal Beach
OC Community Resources Contract # 18 -23 -0005 -HR
DocuSign Envelope ID: E4354E94-3877-4061-812D-3493477CA82D
ATTACHMENT A-1
2. Federal Award Identification
A. Subrecipient Name: City of Seal Beach
B. Subrecipient's Unique Identifier (DUNS): 060752607
C. Federal Award Identification Number (FAIN): B -18 -UC -06-0504
D. Federal Award Date: 8/7/18
E. Subaward Period of Performance: 7/1/18 — 6/30/19
F. Total Amount of Federal Funds Obligated by the Action: $180,000
G. Total Amount of Federal Funds Obligated to the Subrecipient: $180,000
H. Total Amount of the Federal Award Committed to the Subrecipient:
$180,000
I. Federal Award Project Description: Housing Rehabilitation — Leisure World
Bathroom Accessibility Program (see scope of work)
J. Federal Awarding Agency: U.S. Department of Housing & Urban Development
K. Name of Pass Through Entity (PTE): County of Orange
L. Contact Information for the Awarding Official: Julia Bidwell, Director,
Housing & Community Development (714) 480-2991
Julia. Bidwell(aD-occr.ocgov.com
M. CFDA Number and Name: 14.218 — Community Development Block
Grants/Entitlement Grants
N. Whether Award is RBD: Not a R&D Award
O. Indirect Cost Rate for the Federal Award: No Indirect Cost for this Contract
County of Orange Page 3 of 3 City of Seal Beach
OC Community Resources Contract # 18 -23 -0005 -HR
DocuSign Envelope ID: E4354E94-3877-4061-812D-3493477CA82D
EXHIBIT 4
CERTIFICATION REGARDING
DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION
LOWER TIER COVERED TRANSACTIONS
This certification is required by the regulations implementing Executive Order 12549, Debarment
and suspension, 29 CFR Part 98.510, Participants' responsibilities. The regulations were published
as Part VII of the May 26, 1988 Federal Register (pages 19160-19211)
(BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS FOR CERTIFICATION)
(1) The contractor or grant recipient of Federal assistance funds certifies, by submission of this
exhibit document, that neither it nor its principals are presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participation in
this transaction by any Federal department or agency.
(2) Where the contractor or grant recipient of Federal assistance funds is unable to certify to
any of the statements in this certification, the contractor or grant recipient shall attach an
explanation to this exhibit document.
)ill Ingram
Name
City Manager
Title DocuSigned by:
,l� �IAI�VAIM 5/8/2019
AuthorliZHiftfure Date
County of Orange Page 1 of 2 City of Seal Beach
OC Community Resources Contract No. 18 -28 -0005 -HR
DocuSign Envelope ID: E4354E94-3877-4061-812D-3493477CA82D
EXHIBIT 4
DEBARMENT AND SUSPENSION CERTIFICATION - Instructions for Certification
1. By signing and submitting this exhibit document, the contractor or grant recipient of Federal
assistance funds is providing the certification as set out below.
2. The certification in the clause is a material representation of fact upon which reliance was
placed when this transaction was entered into. If it is later determined that the contractor or
grant recipient of Federal assistance funds knowingly rendered an erroneous certification in
addition to other remedies available to the Federal Government, the Department of Labor (DOL)
may pursue available remedies, including suspension and/or debarment.
3. The contractor recipient of Federal assistance funds shall provide immediate written notice to
the County of Orange/Workforce Investment Board to which this certification document is
submitted if at any time the contractor or grant recipient of Federal assistance funds learns that
its certification was erroneous when submitted or has become erroneous by reason of changed
circumstances.
4. The contractor or grant recipient of Federal assistance funds agrees by submitting this
certification document that, should the covered transaction be entered into, it shall not knowingly
enter into any lower tier covered transaction with a person who is debarred, suspended,
declared ineligible, or voluntarily excluded from participation in this covered transaction, unless
authorized by the DOL.
5. The contractor or grant recipient of Federal assistance funds further agrees by submitting this
certification document that it will include the clause titled "Certification Regarding Debarment,
Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions," without
modification, in all lower tier covered transactions and in all solicitations for lower tier covered
transactions.
6. The contractor or grant recipient in a covered transaction may rely upon a certification of a
contractor or grant recipient in a lower tier covered transaction that it is not debarred,
suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that
the certification is erroneous. The contractor or grant recipient may decide the method and
frequency by which it determines the eligibility of its principals.
7. Nothing contained in the foregoing shall be construed to require establishment of a system of
records in order to render in good faith the certification required by this clause. The knowledge
and information of the contractor or grant recipient is not required to exceed that which is
normally possessed by a prudent person in the ordinary course of business dealings.
8. Except for transactions authorized under paragraph 5 of these instructions, if the contractor or
grant recipient in a covered transaction knowingly enters into a lower tier covered transaction
with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation
in this transaction, in addition to other remedies available to the Federal Government, the DOL
may pursue available remedies, including suspension and/or debarment.
County of Orange Page 2 of 2 City of Seal Beach
OC Community Resources Contract No. 18 -28 -0005 -HR
DocuSign Envelope ID: BBOE2C64-8526AFF0-AF50-55OA1CBC3C65
CONTRACT # 18 -23 -0005 -HR
FOR
Housing Rehabilitation
Leisure World Bathroom Accessibility Program
BETWEEN
COUNTY OF ORANGE
AND
CITY OF SEAL BEACH
CFDA# FAIN# PROGRAM/SERVICE TITLE FUNDING AGENCY
14.218 Pending Community Development Block U.S. Housing & Urban
Grant (CDBG)/Housing Development (HUD)
Rehabilitation, and Public
Facilities & Improvements.
DocuSign Envelope ID: B60E2C64-85264FF0-AF50-550A1 C8=65
Table of Contents
RECITALS...............................................................................................................................................
5
General Terms and Conditions: ............................................................................................................
7
A. Governing Law and Venue: .......................................................................................................
7
B. Entire Contract: ..........................................................................................................................
7
C. Amendments: .............................................................................................................................
7
D. Intentionally left blank...............................................................................................................
7
E. Delivery: .....................................................................................................................................
7
F. Acceptance Payment: .................................................................................................................
7
G. Intentionally left blank: ..............................................................................................................
7
H. Patent/Copyright Materials/Proprietary Infringement: ..............................................................
7
I. Assignment: ...............................................................................................................................
8
J. Non -Discrimination: ..................................................................................................................
8
K. Termination: ...............................................................................................................................
8
L. Consent to Breach Not Waiver: ....................................................... .........................................
8
M. Independent Subrecipient:..........................................................................................................
8
N. Performance Warranty: ..............................................................................................................
8
O. Insurance Requirements: ............................................................................................................
9
P. Changes: ...................................................................................................................................
I I
Q. Change of Ownership: ..................................................... ____ ............. .................................
11
R. Force Majeure: .........................................................................................................................
12
S. Confidentiality: ........................................................................................................................
12
T. Compliance with Laws: ...........................................................................................................
12
U. Intentionally left blank.............................................................................................................12
V. Severability: .............................................................................................................................
12
W. Attorney Fees: ..........................................................................................................................
12
X. Interpretation: ...........................................................................................................................
12
Y. Employee Eligibility Verification: ...........................................................................................
13
Z. Indemnification: .......................................................................................................................
13
AA. Audits/Inspections: ...................................................................................................................
13
BB. Contingency of Funds: .............................................................................................................
14
CC. Expenditure Limit: ...................................................................................................................
14
Additional Terms and Conditions: ......................................................................................................
15
1. Scope of Contract: ....................................................................................................................
15
2. Term of Contract......................................................................................................................
15
County of Orange 2 of 43 City of Seal Beach
OC Community Resources Contract # 18 -23 -0005 -HR
DocuSign Envelope ID: BBOE2C64-8526-4FFO-AF50-55OA1C8C3C65
3. Renewal: ........................................................................
4. Maximum Obligation: ...................................................
5. Amendments - Changes/Extra Work: ...........................
6. Breach of Contract: .......................................................
7. Conditions Affecting Work: ..........................................
8. Civil Rights: ..................................................................
9. Conflict of Interest - Subrecipient's Personnel:...........
10. Conflict of Interest - County Personnel: .......................
11. Consulting Contract - Follow -On Work: ......................
12. Project Manager, County ..............................................
13. Subrecipient's Project Manager and Key Personnel:....
14. Subrecipient Personnel - Reference Checks: ................
15. County of Orange Child Support Enforcement:...........
16. Data - Title To..............................................................
17. Licenses.........................................................................
18. Disputes - Contract: ...........................................................
19. EDD Independent Subrecipient Reporting Requirements:
20. Emergency/Declared Disaster Requirements: ...................
21. Errors and Omissions: ........................................................
22. Non -Supplantation of Funds: .............................................
23. Satisfactory Work..............................................................
24. Access and Records: ..........................................................
25. Signature in Counterparts...................................................
26. Reports/Meetings...............................................................
27. Subcontracting: ..................................................................
28. Equal Employment Opportunity: .......................................
29. Gratuities............................................................................
30. News/Information Release: ................................................
31. Notices...............................................................................
32. Ownership of Documents ...................................................
33. Precedence: ........................................................................
34. Termination - Orderly: ......................................................
Program Specific Terms and Conditions: ....................................
35. Debarment..............................................................................
36. Lobbying: ...............................................................................
37. Fraud: .....................................................................................
County of Orange 3 of 43
OC Community Resources
15
16
16
16
16
16
16
17
17
17
17
17
17
18
19
19
19
19
19
20
20
20
21
21
21
21
......................................... 22
......................................... 22
......................................... 22
......................................... 23
......................................... 23
......................................... 23
......................................... 23
City of Seal Beach
Contract At /8 -23 -0005 -HR
DocuSign Envelope ID: BBOE2C64-65264FFO-AF50-55OA1C8C3C65
38. Fiscal Accountability: ...............................................
39. Performance Standards: .............................................
40. Budget Schedule: ......................................................
41. Payment Requirements: ............................................
42. Modification of Budget: ...........................................
43. Annual Audit: ...........................................................
44. DUNS Number and Related Information: ................
45. Program Income: ......................................................
46. Performance: .............................................................
47. Performance Monitoring: ..........................................
48. Substantial Amendments: .........................................
49. Federal Administrative and Related Requirements:.
50. Definitions: ...............................................................
Signature Page
ATTACHMENTS
Attachment A - Scope of Services
Attachment B - Payment/Compensation
Attachment C - Budget Schedule
Attachment D - Staffing Plan
Attachment E - Performance Standards
EXHIBITS
Exhibit 1 — OC Community Resources Contract Reimbursement Policy
Exhibit 2 — Drug Free Workplace Certification
Exhibit 3 — Disclosure of Lobbying Activities
23
24
24
County of Orange 4 of 43 City of Seal Beach
OC Community Resources Contract # 18 -23 -0005 -HR
29
30
30
40
43
DocuSign Envelope ID: BBOE2C64-8526AFFO-AF50-55OA1C8C3C65
Contract # 18 -23 -0005 -HR
with
CITY OF SEAL BEACH
for
Housing Rehabilitation
This Contract # 18 -23 -0005 -HR for Housing Rehabilitation (hereinafter referred to as
"Contract") is made and entered into as of the date fully executed by and between the County of Orange,
a political subdivision of the State of California; hereinafter referred to as "County" and City of Seal
Beach, DUNS 060752607, a Municipal Corporation in the State of California, with a place of business
at 211 Eighth Street, Seal Beach, CA 90740-6305 (hereinafter referred to as "Subrecipient'), with a
County and Subrecipient sometimes referred to as "Party" or collectively as "Parties".
ATTACHMENTS
This Contract is comprised of this documents and the following Attachments, which are
attached hereto and incorporated by reference into this Contract:
Attachment A — Scope of Services
Attachment B — Payment/Compensation
Attachment C — Budget Schedule
Attachment D — Staffing Plan
Attachment E - Performance Standards
RECITALS
WHEREAS, Subrecipient and County are entering into this Contract for Housing Rehabilitation
under a cost reimbursement Contract; and
WHEREAS, County solicited Contract for Housing Rehabilitation as set forth herein, and
Subrecipient represented that it is qualified to provide Housing Rehabilitation as further set forth here;
and
WHEREAS, Subrecipient agrees to provide Housing Rehabilitation as fiuther set forth in the
Scope of Service, attached hereto as Attachment A; and
WHEREAS, County agrees to pay Subrecipient based on services/activities set forth in
Payment/Compensation, attached hereto as Attachment B; and
WHEREAS, Subrecipient agrees to manage allotted funding set forth in the Budget Schedule,
attached hereto as Attachment C; and
WHEREAS, Subrecipient agrees to provide staff set forth in Staffing Plan, attached hereto as
Attachment D; and
WHEREAS, Subrecipient agrees to meet the Performance Standards requirements set forth in
attached hereto as Attachment E; and
County of Orange 5 of 43 City of Seal Beach
OC Community Resources Contract # 18 -23 -0005 -HR
DocuSign Envelope ID: BBOE2C64-8526-0FFO-AF50-550A1C8C3C65
WHEREAS, the County Board of Supervisors has authorized the OC Community Resources
Director or his designee to enter into a Contract for Housing Rehabilitation with the Subrecipient to carry
out certain program services and activities for the Fiscal Year 2018-19.
NOW, THEREFORE, the Parties mutually agree as follows:
County of Orange 6 of 43 City of Seal Beach
OC Community Resources Contract # 18 -23 -0005 -HR
DocuSign Envelope ID: BBOE2C64-8526-4FFO-AF50-55OA1C8C3C65
ARTICLES
General Terms and Conditions:
A. Governing Law and Venue: This Contract has been negotiated and executed in the State of
California and shall be governed by and construed under the laws of the State of California. In the
event of any legal action to enforce or interpret this Contract, the sole and exclusive venue shall be
a court of competent jurisdiction located in Orange County, California, and the parties hereto agree
to and do hereby submit to the jurisdiction of such court, notwithstanding Code of Civil Procedure
Section 394. Furthermore, the parties specifically agree to waive any and all rights to request that
an action be transferred for adjudication to another county.
B. Entire Contract: This Contract contains the entire Contract between the parties with respect to the
matters herein, and there are no restrictions, promises, warranties or undertakings other than those
set forth herein or referred to herein. No exceptions, alternatives, substitutes or revisions are valid
or binding on County unless authorized by County in writing. Electronic acceptance of any
additional terms, conditions or supplemental Contracts by any County employee or agent, including
but not limited to installers of software, shall not be valid or binding on County unless accepted in
writing by County's Contract Administrator.
C. Amendments: No alteration or variation of the terms of this Contract shall be valid unless made in
writing and signed by the parties; no oral understanding or agreement not incorporated herein shall
be binding on either of the parties; and no exceptions, alternatives, substitutes or revisions are valid
or binding on County unless authorized by County in writing.
D. Intentionally left blank
E. Delivery: Time of delivery of goods or services is of the essence in this Contract. County reserves
the right to refuse any goods or services and to cancel all or any part of the goods not conforming to
applicable specifications, drawings, samples or descriptions or services that do not conform to the
prescribed scope of services. Acceptance of any part of the order for goods shall not bind County to
accept future shipments nor deprive it of the right to return goods already accepted at Subrecipient's
expense. Over shipments and under shipments of goods shall be only as agreed to in writing by
County. Delivery shall not be deemed to be complete until all goods or services have actually been
received and accepted in writing by County.
F. Acceptance Payment: Unless otherwise agreed to in writing by County, 1) acceptance shall not be
deemed complete unless in writing and until all the goods/services have actually been received,
inspected, and tested to the satisfaction of County, and 2) payment shall be made in arrears after
satisfactory acceptance.
G. Intentionally left blank:
H. Patent/Copyright Materials/Proprietary Infringement: Unless otherwise expressly provided in
this Contract, Subrecipient shall be solely responsible for clearing the right to use any patented or
copyrighted materials in the performance of this Contract. Subrecipient warrants that any software
as modified through services provided hereunder will not infringe upon or violate any patent,
proprietary right, or trade secret right of any third party. Subrecipient agrees that, in accordance with
County of Orange 7 of 43 City of Seal Beach
OC Community Resources Contract # 18 -23 -0005 -HR
DocuSign Envelope ID: BBOE2C64-8526-4FF0-AF50-550A1C8C3C65
the more specific requirement contained in paragraph "Z" below, it shall indemnify, defend and hold
County and County Indemnitees harmless from any and all such claims and be responsible for
payment of all costs, damages, penalties and expenses related to or arising from such claim(s),
including, costs and expenses but not including attorney's fees.
Assignment: The terns, covenants, and conditions contained herein shall apply to and bind the
heirs, successors, executors, administrators and assigns of the parties. Furthermore, neither the
performance of this Contract nor any portion thereof may be assigned by Subrecipient without the
express written consent of County. Any attempt by Subrecipient to assign the performance or any
portion thereof of this Contract without the express written consent of County shall be invalid and
shall constitute a breach of this Contract.
J. Non -Discrimination: In the performance of this Contract, Subrecipient agrees that it will comply
with the requirements of Section 1735 of the California Labor Code and not engage nor permit any
subcontractors to engage in discrimination in employment of persons because of the race, religious
creed, color, national origin, ancestry, physical disability, mental disability, medical condition,
marital status, or sex of such persons. Subrecipient acknowledges that a violation of this provision
shall subject Subrecipient to penalties pursuant to Section 1741 of the California Labor Code.
K. Termination: In addition to any other remedies or rights it may have by law, County has the right
to immediately terminate this Contract without penalty for cause or after 30 days' written notice
without cause, unless otherwise specified. Cause shall be defined as any material breach of contract,
any misrepresentation or fraud on the part of the Subrecipient. Exercise by County of its right to
terminate the Contract shall relieve County of all further obligation.
L. Consent to Breach Not Waiver: No term or provision of this Contract shall be deemed waived and
no breach excused, unless such waiver or consent shall be in writing and signed by the party claimed
to have waived or consented. Any consent by any party to, or waiver of, a breach by the other,
whether express or implied, shall not constitute consent to, waiver of, or excuse for any other
different or subsequent breach.
M. Independent Subrecipient: Subrecipient shall be considered an independent contractor and neither
Subrecipient, its employees, nor anyone working under Subrecipient shall be considered an agent or
an employee of County. Neither Subrecipient, its employees nor anyone working under Subrecipient
shall qualify for workers' compensation or other fringe benefits of any kind through County.
N. Performance Warranty: Subrecipient shall warrant all work under this Contract, taking necessary
steps and precautions to perform the work to County's satisfaction. Subrecipient shall be responsible
for the professional quality, technical assurance, timely completion and coordination of all
documentation and other goods/services fumished by the Subrecipient under this Contract.
Subrecipient shall perform all work diligently, carefully, and in a good and workmanlike manner;
shall furnish all necessary labor, supervision, machinery, equipment, materials, and supplies, shall at
its sole expense obtain and maintain all permits and licenses required by public authorities, including
those of County required in its governmental capacity, in connection with performance of the work.
If permitted to subcontract, Subrecipient shall be fully responsible for all work performed by
subcontractors.
County of Orange 8 of 43 City of Seal Beach
OC Community Resources Contract # 18 -23 -0005 -KR
DocuSlgn Envelope ID: BBOE2C64-8526-4FFO-AF50-55OA1C8C3C65
O. Insurance Requirements:
Prior to the provision of services under this Contract, the Subrecipient agrees to purchase all required
insurance at Subrecipient's expense, including all endorsements required herein, necessary to satisfy
the County that the insurance provisions of this Contract have been complied with. Subrecipient
agrees to keep such insurance coverage, Certificates of Insurance, and endorsements on deposit with
the County during the entire term of this Contract. In addition, all subcontractors performing work
on behalf of Subrecipient pursuant to this Contract shall obtain insurance subject to the same terms
and conditions as set forth herein for Subrecipient.
Subrecipient shall ensure that all subcontractors performing work on behalf of Subrecipient pursuant
to this Contract shall be covered under Subrecipient's insurance as an Additional Insured or maintain
insurance subject to the same terms and conditions as set forth herein for Subrecipient. Subrecipient
shall not allow subcontractors to work if subcontractors have less than the level of coverage required
by County from Subrecipient under this Contract. It is the obligation of Subrecipient to provide
notice of the insurance requirements to every subcontractor and to receive proof of insurance prior
to allowing any subcontractor to begin work. such proof of insurance must be MAINTAINED by
Subrecipient through the entirety of this Contract for inspection by County representative(s) at any
reasonable time.
All self-insured retentions (SIRS) shall be clearly stated on the Certificate of Insurance. Any self-
insured retention (SIR) in an amount in excess of Fifty Thousand Dollars ($50,000) shall specifically
be approved by the County's Risk Manager, or designee, upon review of Subrecipient's current
audited financial report. If Subrecipient's SIR is approved, Subrecipient, in addition to, and without
limitation of, any other indemnity provision(s) in this Contract, agrees to all of the following:
1) In addition to the duty to indemnify and hold the County harmless against any and all liability,
claim, demand or suit resulting from Subrecipient's, its agents, employee's or subcontractor's
performance of this Contract, Subrecipient shall defend the County at its sole cost and
expense with counsel approved by Board of supervisors against same; and
2) Subrecipient's duty to defend, as stated above, shall be absolute and irrespective of any duty
to indemnify or hold harmless; and
3) The provisions of California Civil Code Section 2860 shall apply to any and all actions to
which the duty to defend stated above applies, and the Subrecipient's SIR provision shall be
interpreted as though the Subrecipient was an insurer and the County was the insured.
If the Subrecipient fails to maintain insurance acceptable to the County for the full term of this
Contract, the County may terminate this Contract.
Oualifred Insurer
The policy or policies of insurance must be issued by an insurer with a minimum rating of A- (Secure
A.M. Best's Rating) and VIII (Financial Size Category as determined by the most current edition of
the Best's Key Rating Guide/Property-Casualty/United States or ambest.com). It is preferred, but
not mandatory, that the insurer be licensed to do business in the State of California (California
Admitted Carrier).
County of Orange 9 of 43 City of Seal Beach
OC Community Resources Contract # /8 -23 -0005 -HR
DocuSign Envelope ID: BBOE2C64-8526-4FFO-AF50-550A1C8C3C65
If the insurance carrier does not have an A.M. Best Rating of A -/VIII, the CEO/Office of Risk
Management retains the right to approve or reject a carrier after a review of the company's
performance and financial ratings.
The policy or policies of insurance maintained by the Subrecipient shall provide the minimum
limits and coverage as set forth below:
Coverage
Commercial General Liability
Automobile Liability including coverage
for owned, non -owned and hired vehicles
Workers Compensation
Employers Liability Insurance
Minimum Limits
$1,000,000 per occurrence
$2,000,000 aggregate
$1,000,000 per occurrence
Statutory
$1,000,000 per occurrence
Required Coverage Forms
The Commercial General Liability coverage shall be written on Insurance Services Office (ISO)
form CG 00 01, or a substitute form providing liability coverage at least as broad.
The Business Auto Liability coverage shall be written on ISO form CA 00 01, CA 00 05, CA
0012, CA 00 20, or a substitute form providing coverage at least as broad.
Required Endorsements
The Commercial General Liability policy shall contain the following endorsements, which shall
accompany the Certificate of Insurance:
1) An Additional Insured endorsement using ISO form CG 20 26 04 13 or a form at least as
broad naming the County of Orange its elected and appointed officials, officers, agents
and employees as Additional Insureds, or provide blanket coverage, which will state AS
REQUIRED BY WRITTEN Contract
2) A primary non-contributing endorsement using ISO form CG 20 01 04 13, or a form at
least as broad evidencing that the Subrecipient's insurance is primary and any insurance
or self-insurance maintained by the County of Orange shall be excess and non-
contributing.
The Workers' Compensation policy shall contain a waiver of subrogation endorsement waiving
all rights of subrogation against the County of Orange, its elected and appointed officials,
County of Orange 10 of 43 City of Seal Beach
OC Community Resources Contract # 18 -23 -0005 -HR
DocuSign Envelope ID: BBOE2C64-8526-0FFO-AF50-55OA1C8C3C65
officers, agents and employees or provide blanket coverage, which will state AS REQUIRED
BY WRITTEN Contract.
All insurance policies required by this Contract shall waive all rights of subrogation against the
County of Orange, its elected and appointed officials, officers, agents and employees when acting
within the scope of their appointment or employment.
Subrecipient shall notify County in writing within thirty (30) days of any policy cancellation and
ten (10) days for non-payment of premium and provide a copy of the cancellation notice to
County. Failure to provide written notice of cancellation may constitute a material breach of the
Contract, upon which the County may suspend or terminate this Contract.
The Commercial General Liability policy shall contain a severability of interests clause also
known as a "separation of insureds" clause (standard in the ISO CG 0001 policy).
Insurance certificates should be forwarded to the agency/department address listed on the
solicitation.
If the Subrecipient fails to provide the insurance certificates and endorsements within seven (7)
days of notification by the Contract Administrator, award may be made to the next qualified
vendor.
County expressly retains the right to require Subrecipient to increase or decrease insurance of
any of the above insurance types throughout the term of this Contract. Any increase or decrease
in insurance will be as deemed by County of Orange Risk Manager as appropriate to adequately
protect County.
County 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 County incorporating such changes within thirty (30) days of receipt of such notice, this
Contract may be in breach without further notice to Subrecipient, and County 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 Contract, nor act in any way to reduce the policy coverage and limits available from the
insurer.
P. Changes: Subrecipient shall make no changes in the work or perform any additional work
without the County's specific written approval.
Q. Change of Ownership: Subrecipient agrees that if there is a change or transfer in ownership of
Subrecipient's business prior to completion of this Contract, and the County agrees to an
assignment of the Contract, the new owners shall be required under terms of sale or other transfer
to assume Subrecipient's duties and obligations contained in this Contract and complete them to
the satisfaction of the County.
County of Orange 11 of 43 City of Seal Beach
OC Community Resources Contract # 18 -23 -0005 -HR
DocuSign Envelope ID: BBOE2C64-8526-4FFO-AF50-550A1C8C3C65
County reserves the right to immediately terminate the Contract in the event the County
determines that the assignee is not qualified or is otherwise unacceptable to the County for the
provision of services under the Contract.
R. Force Majeure: Subrecipient shall not be assessed with liquidated damages or unsatisfactory
performance penalties during any delay beyond the time named for the performance of this
Contract caused by any act of God, war, civil disorder, employment strike or other cause beyond
its reasonable control, provided Subrecipient gives written notice of the cause of the delay to
County within 36 hours of the start of the delay and Subrecipient avails himself of any available
remedies.
S. Confidentiality: Subrecipient agrees to maintain the confidentiality of all County and County -
related records and information pursuant to all statutory laws relating to privacy and
confidentiality that currently exist or exist at any time during the term of this Contract. All such
records and information shall be considered confidential and kept confidential by Subrecipient
and Subrecipient's staff, agents and employees.
T. Compliance with Laws: Subrecipient represents and warrants that services to be provided under
this Contract shall fully comply, at Subrecipient's expense, with all standards, laws, statutes,
restrictions, ordinances, requirements, and regulations (collectively "laws"), including, but not
limited to those issued by County in its governmental capacity and all other laws applicable to
the services at the time services are provided to and accepted by County. Subrecipient
acknowledges that County is relying on Subrecipient to ensure such compliance, and pursuant to
the requirements of paragraph "T' below, Subrecipient agrees that it shall defend, indemnify and
hold County and County INDEMNITEES harmless from all liability, damages, costs and
expenses arising from or related to a violation of such laws.
U. Intentionally left blank
V. Severability: If any term, covenant, condition or provision of this Contract is held by a court of
competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions
hereof shall remain in full force and effect and shall in no way be affected, impaired or invalidated
thereby.
W. Attorney Fees: In any action or proceeding to enforce or interpret any provision of this Contract,
each party shall bear their own attorney's fees, costs and expenses.
X. Interpretation: This Contract has been negotiated at arm's length and between persons
sophisticated and knowledgeable in the matters dealt with in this Contract. In addition, each
parry had been represented by experienced and knowledgeable independent legal counsel of their
own choosing or has knowingly declined to seek such counsel despite being encouraged and
given the opportunity to do so. Each party further acknowledges that they have not been
influenced to any extent whatsoever in executing this Contract by any other party hereto or by
any person representing them, or both. Accordingly, any rule or law (including California Civil
Code Section 1654) or legal decision that would require interpretation of any ambiguities in this
Contract against the party that has drafted it is not applicable and is waived. The provisions of
County of Orange 12 of 43 City of Sea[ Beach
OC Community Resources Contract # 18 -23 -0005 -HR
DocuSign Envelope ID: BBOE2C64-8526-4FFO-AF50-550A1C8C3C65
this Contract shall be interpreted in a reasonable manner to effect the purpose of the parties and
this Contract.
Y. Employee Eligibility Verification: The Subrecipient warrants that it fully complies with all
Federal and State statutes and regulations regarding the employment of aliens and others and that
all its employees performing work under this Contract meet the citizenship or alien status
requirement set forth in Federal statutes and regulations. The Subrecipient shall obtain, from all
employees performing work hereunder, all verification and other documentation of employment
eligibility status required by Federal or State statutes and regulations including, but not limited
to, the Immigration Reform and Control Act of 1986, 8 U.S.C. § 1324 et seq., as they currently
exist and as they may be hereafter amended. The Subrecipient shall retain all such documentation
for all covered employees for the period prescribed by the law. The Subrecipient shall indemnify,
defend with counsel approved in writing by County, and hold harmless, the County and its
County Indemnitees, its agents, officers, and employees from employer sanctions and any other
liability which may be assessed against the Subrecipient or the County or County Indemnitees or
its agents or any combination of the three in connection with any alleged violation of any Federal
or State statutes or regulations pertaining to the eligibility for employment of any persons
performing work under this Contract.
Z. Indemnification: Subrecipient agrees to indemnify, defend with counsel approved in writing
by County, and hold County, its elected and appointed officials, officers, employees, agents and
those special districts and agencies which County's Board of Supervisors acts as the governing
Board ("County Indemnitees") 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 Contract.
If judgment is entered against Subrecipient and County by a court of competent jurisdiction
because of the concurrent active negligence of County or County Indemnitees, Subrecipient and
County agree that liability will be apportioned as determined by the court. Neither party shall
request a jury apportionment.
AA. Audits/Inspections: Subrecipient agrees to permit the County's Auditor -Controller or the
Auditor -Controller's authorized representative (including auditors from a private auditing firm
hired by the County) access during normal working hours to all books, accounts, records,
reports, files, financial records, supporting documentation, including payroll and accounts
payable/receivable records, and other papers or property of Subrecipient for the purpose of
auditing or inspecting any aspect of performance under this Contract. The inspection and/or
audit will be confined to those matters connected with the performance of the Contract
including, but not limited to, the costs of administering the Contract. The County will provide
reasonable notice of such an audit or inspection.
The County reserves the right to audit and verify the Subrecipient's records before final payment
is made.
Subrecipient agrees to maintain such records for possible audit for a minimum of five years after
final payment, unless a longer period of records retention is stipulated under this Contract or by
law. Subrecipient agrees to allow interviews of any employees or others who might reasonably
have information related to such records. Further, Subrecipient agrees to include a similar right
County of Orange 13 of 43 City of Seal Beach
OC Community Resources Contract # 18 -23 -0005 -HR
DocuSign Envelope ID: BBOE2C64-85264FFO-AF50-550A1C8C3C65
to the County to audit records and interview staff of any subcontractor related to performance
of this Contract.
Should the Subrecipient cease to exist as a legal entity, the Subrecipient's records pertaining to
this Contract shall be forwarded to the County's Project Manager.
BB. Contingency of Funds: Subrecipient acknowledges that funding or portions of funding for this
Contract may be contingent upon receipt of funds from, and/or obligation of funds by, Federal,
State of California and/or local funds to County; and inclusion of sufficient funding for the
services hereunder in the Budget Schedule approved by County's Board of Supervisors for each
fiscal year covered by this Contract. If such approval, funding or appropriations are delayed,
not forthcoming, or are otherwise limited, County may delay reimbursement to Subrecipient,
immediately terminate or modify this Contract without penalty.
CC. Expenditure Limit: The Subrecipient shall notify the County of Orange assigned Contract
Administrator in writing when the expenditures against the Contract reach 75 percent of the
dollar limit on the Contract. The County will not be responsible for any expenditure overruns
and will not pay for services exceeding the dollar limit on the Contract unless a written and
approved change order to cover those costs has been issued. Board of Supervisor approval may
be required.
THE REMAINDER OF THE PAGE WAS INTENTIONALLY LEFT BLANK
County of Orange 14 of43 City of Seal Beach
OC Community Resources Contract # 18 -23 -0005 -HR
DocuSign Envelope ID: BB0E2C64-8526-4FF0-AF50-550A1 C8C3C65
Additional Terms and Conditions:
1. Scope of Contract: This Contract specifies the contractual terms and conditions by which the
County will procure Public Services from Subrecipient as further detailed in the Scope of Services,
identified and incorporated herein by this reference as "Attachment A".
2. Term of Contract: This Contract shall commence on July 1, 2018 and continue through June 30,
2019, unless otherwise terminated by the County.
3. Renewal: This Contract may be renewed by mutual written agreement of both Parties for one (1)
additional one (1) year term. The County does not have to give reason if it elects not to renew.
Renewal periods may be subject to approval by the County of Orange Board of Supervisors.
4. Maximum Obligation:
The total Maximum Obligation of County to the Subrecipient for the cost of services provided in
accordance with this Contract is $180,000.00, as further detailed in the Budget Schedule, identified
and incorporated herein by this reference as Attachment "C".
5. Amendments - Changes/Extra Work:
The Subrecipient shall make no changes to this Contract without the County's written consent. In
the event that there are new or unforeseen requirements, the County has the discretion with the
Subrecipient's concurrence, to make changes at any time without changing the scope or price of the
Contract.
If County -initiated changes or changes in laws or government regulations affect price, the
Subrecipient's ability to deliver services, or the project schedule, the Subrecipient will give County
written notice no later ten (10) days from the date the law or regulation went into effect or the date
the change was proposed and Subrecipient was notified of the change. such changes shall be agreed
to in writing and incorporated into a Contract amendment. Said amendment shall be issued by the
County -assigned Contract Administrator, shall require the mutual consent of all Parties, and may be
subject to approval by the County Board of supervisors. Nothing herein shall prohibit the
Subrecipient from proceeding with the work as originally set forth or as previously amended in this
Contract.
6. Breach of Contract: The failure of the Subrecipient to comply with any of the provisions, covenants
or conditions of this Contract shall be a material breach of this Contract. In such event the County
may, and in addition to any other remedies available at law, in equity, or otherwise specified in this
Contract:
a) Terminate the Contract immediately, pursuant to Section K herein;
b) Afford the Subrecipient written notice of the breach and ten (10) calendar days or such
shorter time that may be specified in this Contract within which to cure the breach;
c) Discontinue payment to the Subrecipient for and during the period in which the
Subrecipient is in breach; and
County of Orange 15 of 43 City of Seal Beach
OC Community Resources Contract # 18 -23 -0005 -HR
DocuSign Envelope ID: BBOE2C64-65264FFO-AF50-550A1CBC3C65
Offset against any monies billed by the Subrecipient but yet unpaid by the County those monies
disallowed pursuant to the above.
Conditions Affecting Work:
The Subrecipient shall be responsible for taking all steps reasonably necessary, to ascertain the nature
and location of the work to be performed under this Contract; and to know the general conditions
which can affect the work or the cost thereof Any failure by the Subrecipient to do so will not
relieve Subrecipient from responsibility for successfully performing the work without additional cost
to the County. The County assumes no responsibility for any understanding or representations
concerning the nature, location(s) or general conditions made by any of its officers or agents prior to
the execution of this Contract, unless such understanding or representations by the County are
expressly stated in the Contract.
8. Civil Rights: Subrecipient attests that services provided shall be in accordance with the provisions
of Title VI and Title VII of the Civil Rights Act of 1964, as amended, Section 504 of the
Rehabilitation Act of 1973, as amended; the Age Discrimination Act of 1975 as amended; Title II of
the Americans with Disabilities Act of 1990, and other applicable State and Federal laws and
regulations prohibiting discrimination on the basis of race, color, national origin, ethnic group
identification, age, religion, marital status, sex or disability.
9. Conflict of Interest — Subrecipient's Personnel: The Subrecipient shall exercise reasonable care
and diligence to prevent any actions or conditions that could result in a conflict with the best interests
of the County. This obligation shall apply to the Subrecipient; the Subrecipient's employees, agents,
and subcontractors associated with accomplishing work and services hereunder. The Subrecipient's
efforts shall include, but not be limited to establishing precautions to prevent its employees, agents,
and subcontractors from providing or offering gifts, entertainment, payments, loans or other
considerations which could be deemed to influence or appear to influence County staff or elected
officers from acting in the best interests of the County.
10. Conflict of Interest — County Personnel: The County of Orange Board of Supervisors policy
prohibits its employees from engaging in activities involving a conflict of interest. The Subrecipient
shall not, during the period of this Contract, employ any County employee for any purpose.
11. Consulting Contract — Follow -On Work:
No person, firm, subsidiary or subcontractor of a firm that has been awarded a consulting services
contract or a contract which includes a consulting component may be awarded a Contract for the
performance of services, the purchase of goods or supplies, or the provision of any other related
action which arises from or can reasonably be deemed an end -product of work performed under the
initial consulting to consulting -related Contract.
12. Project Manager, County
The County shall appoint a Project Manager to act as liaison between the County and the Subrecipient
during the term of this Contract. The County's Project Manager shall coordinate the activities of the
County staff assigned to work with the Subrecipient.
The County's Project Manager, in consultation and agreement with the County, shall have the right
to require the removal and replacement of the Subrecipient's Project Manager and key personnel.
The County's Project Manager shall notify the Subrecipient in writing of such action. The
County of Orange 16 of 43 City of Seal Beach
OC Community Resources Contract # 18 -23 -0005 -HR
DocuSign Envelope ID: BBOE2C64-85264FFO-AF50-550A1C8C3C65
Subrecipient shall accomplish the removal within three (3) business days after written notice from
the County's Project Manager. The County is not required to provide any additional information,
reason or rationale in the event it requires the removal of Subrecipient's Project Manager from
providing further services under the Contract.
13. Subrecipient's Project Manager and Key Personnel: Subrecipient shall appoint a Project
Manager to direct the Subrecipient's efforts in fulfilling Subrecipient's obligations under this
Contract. This Project Manager shall be subject to approval by the County and shall not be changed
without the written consent of the County's Project Manager, which consent shall not be
unreasonably withheld.
The Subrecipient's Project Manager, in consultation and agreement with County, shall be assigned
to this project for the duration of the Contract and shall diligently pursue all work and services to
meet the project time lines.
14. Subrecipient Personnel — Reference Checks: The Subrecipient warrants that all persons employed
to provide service under this Contract have satisfactory past work records indicating their ability to
adequately perform the work under this Contract.
15. County of Orange Child Support Enforcement: Subrecipient certifies it is in full compliance
with all applicable federal and state reporting requirements regarding its employees and with all
lawfully served Wage and Earnings Assignment Orders and Notices of Assignments and will
continue to be in compliance throughout the term of the Contract with the County of Orange. Failure
to comply shall constitute a material breach of the Contract and failure to cure such breach within 60
calendar days of notice from the County shall constitute grounds for termination of the Contract.
16. Data — Title To: All materials, documents, data or information obtained from the County data files
or any County medium furnished to the Subrecipient in the performance of this Contract will at all
times remain the property of the County. Such data or information may not be used or copied for
direct or indirect use by the Subrecipient after completion or termination of this Contract without the
express written consent of the County. All materials, documents, data or information, including
copies, must be returned to the County at the end of this Contract.
17. Licenses: At its own expense, Subrecipient and its subcontractors, if any, shall, at all time during the
term of this Contract, maintain in full force and effect such licenses or permits as may be required
by the State of California or any other government entity. Subrecipient and his subcontractors, if
any, shall strictly adhere to, and obey, all governmental rules and regulations now in effect or as
subsequently enacted or modified, as promulgated by any local, State, or Federal governmental
entity.
18. Disputes — Contract:
A. The parties shall deal in good faith and attempt to resolve potential disputes informally.
If the dispute concerning a question of fact arising under the terms of this Contract is not
disposed of in a reasonable period of time by the Subrecipient's Project Manager and the
County's Project Manager, such matter shall be brought to the attention of the Contract
Administrator by way of the following process:
County of Orange 17 of 43 City of Seal Beach
OC Community Resources Contract # 18 -23 -0005 -HR
DocuSign Envelope ID: BBOE2C64-6526-4FFO-AF50-550At C8C3C65
1. The Subrecipient shall submit to the agency/department assigned Contract
Administrator a written demand for a final decision regarding the disposition of
any dispute between the parties arising under, related to, or involving this
Contract, unless the County, on its own initiative, has already rendered such a
final decision.
2. The Subrecipient's written demand shall be fully supported by factual
information, and, if such demand involves a cost adjustment to the Contract, the
Subrecipient shall include with the demand a written statement signed by a senior
official indicating that the demand is made in good faith, that the supporting data
are accurate and complete, and that the amount requested accurately reflects the
Contract adjustment for which the Subrecipient believes the County is liable.
B. Pending the final resolution of any dispute arising under, related to, or involving this
Contract, the Subrecipient agrees to diligently proceed with the performance of this
Contract, including the delivery of goods and/or provision of services. The
Subrecipient's failure to diligently proceed shall be considered a material breach of this
Contract.
Any final decision of the County shall be expressly identified as such, shall be in writing, and shall
be signed by the Director. If the County fails to render a decision within 90 days after receipt of the
Subrecipient's demand, it shall be deemed a final decision adverse to the Subrecipient's contentions.
Nothing in this section shall be construed as affecting the County's right to terminate the Contract
for cause or termination for convenience as stated in Section K herein.
19. EDD Independent Subrecipient Reporting Requirements: Effective January 1, 2001, the County
of Orange is required to file in accordance with subdivision (a) of Section 6041A of the Internal
Revenue Code for services received from a "service provider" to whom the County pays $600 or
more or with whom the County enters into a contract for $600 or more within a single calendar year.
The purpose of this reporting requirement is to increase child support collection by helping to locate
parents who are delinquent in their child support obligations.
The term "service provider" is defined in California Unemployment Insurance Code Section 1088.8,
Subparagraph 13.2 as "an individual who is not an employee of the service recipient for California
purposes and who received compensation or executes a contract for services performed for that
service recipient within or without the State." The term is further defined by the California
Employment Development Department to refer specifically to independent Subrecipients. An
independent Subrecipient is defined as "an individual who is not an employee of the ... government
entity for California purposes and who receives compensation or executes a contract for services
performed for that ... government entity either in or outside of California."
The reporting requirement does not apply to corporations, general partnerships, limited liability
partnerships, and limited liability companies.
Additional information on this reporting requirement can be found at the California Employment
Development Department web site located at http://www.edd.ca.gov/Eml)lover Services.htm
County of Orange 18 of 43 City of Seal Beach
OC Community Resources Contract # 18 -23 -0005 -HR
DocuSign Envelope ID: BBOE2C64-8526-4FFO-AF50-550A1C8C3C65
20. Emergency/Declared Disaster Requirements: In the event of an emergency or if Orange County
is declared a disaster area by the County, State or Federal government, this Contract may be subjected
to unusual usage. The Subrecipient shall service the County during such an emergency or declared
disaster under the same terms and conditions that apply during non-emergency/disaster conditions.
The pricing quoted by the Subrecipient shall apply to serving the County's needs regardless of the
circumstances. If the Subrecipient is unable to supply the goods/services under the terms of the
Contract, then the Subrecipient shall provide proof of such disruption and a copy of the invoice for
the goods/services from the Subrecipient's supplier(s). Additional profit margin as a result of
supplying goods/services during an emergency or a declared disaster shall not be permitted. In the
event of an emergency or declared disaster, emergency purchase order numbers will be assigned.
All applicable invoices from the Subrecipient shall show both the emergency purchase order number
and the Contract number.
21. Errors and Omissions: All reports, files and other documents prepared and submitted by
Subrecipient shall be complete and shall be carefully checked by the professional(s) identified by
Subrecipient as Project Manager and key personnel attached hereto, prior to submission to the
County. Subrecipient agrees that County review is discretionary and Subrecipient shall not assume
that the County will discover errors and/or omissions. If the County discovers any errors or omissions
prior to approving Subrecipient's reports, files and other written documents, the reports, files or
documents will be returned to Subrecipient for correction. Should the County or others discover
errors or omissions in the reports, files or other written documents submitted by the Subrecipient
after County approval thereof, County approval of Subrecipient's reports, files or documents shall
not be used as a defense by Subrecipient in any action between the County and Subrecipient, and the
reports, files or documents will be returned to Subrecipient for correction.
22. Non -Supplantation of Funds:
Subrecipient shall not supplant any Federal, State, or County funds intended for the purposes of this
Contract with any funds made available under this Contract. Subrecipient shall not claim
reimbursement from County for, or apply sums received from County with respect to, that portion
of its obligations which have been paid by another source of revenue. Subrecipient agrees that it shall
not use funds received pursuant to this Contract, either directly or indirectly, as a contribution or
compensation for the purposes of obtaining Federal, State, or County funds under any Federal, State,
or County program without prior written approval from the County.
23. Satisfactory Work: Services rendered hereunder are to be performed to the written satisfaction of
County. County's staff will interpret all reports and determine the quality, acceptability and progress
of the services rendered.
24. Access and Records:
A. County, the State of California and the United States Government and/or their
representatives, shall have access, for purposes of monitoring, auditing, and examining,
to Subrecipient's activities, books, documents and papers (including computer records
and emails) and to records of Subrecipient's subcontractors, consultants, contracted
employees, bookkeepers, accountants, employees and participants related to this
Contract. Subrecipient shall insert this condition in each Contract between Subrecipient
and a subcontractor that is pursuant to this Contract shall require the subcontractor to
agree to this condition. Such departments or representatives shall have the right to make
County of Orange 19 of 43 City of Seal Beach
OC Community Resources Contract # 18 -23 -0005 -HR
DocuSign Envelope ID: BBOE2C64-8526-4FFO-AF50-550A1C8C3C65
excerpts, transcripts and photocopies of such records and to schedule on site monitoring
at their discretion. Monitoring activities also may include, but are not limited to,
questioning employees and participants and entering any premises or onto any site in
which any of the services or activities funded hereunder are conducted or in which any
of the records of Subrecipient are kept. Subrecipient shall make available its books,
documents, papers, financial records, etc., within three (3) days after receipt of written
demand by Director which shall be deemed received upon date of sending. In the event
Subrecipient does not make the above referenced documents available within the County
of Orange, California, Subrecipient agrees to pay all necessary and reasonable expenses
incurred by County, or County's designee, in conducting any audit at the location where
said records and books of account are maintained.
B. Records Retention. All accounting records and evidence pertaining to all costs of
Subrecipient and all documents related to this Contract shall be kept available at
Subrecipient's office or place of business for the duration of this Contract and thereafter
for five (5) years after completion of an audit. Records which relate to: (1) complaints,
claims, administrative proceedings or litigation arising out of the performance of this
Contract; or (2) costs and expenses of this Contract to which County or any other
governmental department takes exception, shall be retained beyond the five (5) years until
final resolution or disposition of such appeals, litigation, claims, or exceptions.
C. Liability. Subrecipient shall pay to County the full amount of County's liability to the
State or Federal government or any department thereof resulting from any disallowance
or other audit exceptions to the extent that such liability is attributable to Subrecipient's
failure to perform under this Contract.
25. Signature in Counterparts: The Parties agree that separate copies of this Contract and/or electronic
signatures and handwritten signatures may be signed by each of the Parties, and this Contract will
have the same force and effect as if the Original had been signed by all the Parties.
26. Reports/Meetings: The Subrecipient shall develop reports and any other relevant documents
necessary to complete the services and requirements as set forth in this contract. The County's
Project Manager and the Subrecipient's Project Manager will meet on reasonable notice to discuss
the Subrecipient's performance and progress under this contract. If requested, the Subrecipient's
Project Manager and other project personnel shall attend all meetings. The Subrecipient shall
provide such information that is requested by the County. for the purpose of monitoring progress
under this contract.
27. Subcontracting: No performance of this Contract or any portion thereof may be subcontracted by
the Subrecipient without the express written consent of the County. Any attempt by the Subrecipient
to subcontract any performance of this Contract without the express written consent of the County
shall be invalid and shall constitute a breach of this Contract.
In the event that the Subrecipient is authorized by the County to subcontract, this Contract shall take
precedence over the terms of the Contract between Subrecipient and subcontractor, and shall
incorporate by reference the terms of this Contract. The County shall look to the Subrecipient for
performance and indemnification and not deal directly with any subcontractor. All work performed
by a subcontractor must meet the approval of the County of Orange.
County of Orange 20 of 43 City of Seal Beach
OC Community Resources Contract # 18 -23 -0005 -HR
DocuSign Envelope ID: BBOE2C64-8526-0FFO-AF50-55OA1C8C3C65
28. Equal Employment Opportunity: The Subrecipient shall comply with U.S. Executive Order
11246 entitled, "Equal Employment Opportunity" as amended by Executive Order 11375 and as
supplemented in Department of Labor regulations (41 CFR, Part 60) and applicable State of
California regulations as may now exist or be amended in the future. The Subrecipient shall not
discriminate against any employee or applicant for employment on the basis of race, color, national
origin, ancestry, religion, sex, marital status, political affiliation or physical or mental condition.
Regarding handicapped persons, the Subrecipient will not discriminate against any employee or
applicant for employment because of physical or mental handicap in regard to any position for which
the employee or applicant for employment is qualified. The Subrecipient agrees to provide equal
opportunity to handicapped persons in employment or in advancement in employment or otherwise
treat qualified handicapped individuals without discrimination based upon their physical or mental
handicaps in all employment practices such as the following: employment, upgrading, promotions,
transfers, recruitments, advertising, layoffs, terminations, rate of pay or other forms of compensation,
and selection for training, including apprenticeship. The Subrecipient agrees to comply with the
provisions of Sections 503 and 504 of the Rehabilitation Act of 1973, as amended, pertaining to
prohibition of discrimination against qualified handicapped persons in all programs and/or activities
as detailed in regulations signed by the Secretary of the Department of Health and Human Services
effective June 3, 1977, and found in the Federal Register, Volume 42, No. 68 dated May 4, 1977, as
may now exist or be amended in the future.
Regarding Americans with disabilities, Subrecipient agrees to comply with applicable provisions of
Title 1 of the Americans with Disabilities Act enacted in 1990 as may now exist or be amended in
the future.
29. Gratuities: The Subrecipient warrants that no gratuities, in the form of entertainment, gifts or
otherwise, were offered or given by the Subrecipient or any agent or representative of the
Subrecipient to any officer or employee of the County with a view toward securing the Contract or
securing favorable treatment with respect to any determinations concerning the performance of the
Contract. For breach or violation of this warranty, the County shall have the right to terminate the
Contract, either in whole or in part, and any loss or damage sustained by the County in procuring on
the open market any goods or services which the Subrecipient agreed to supply shall be home and
paid for by the Subrecipient. The rights and remedies of the County provided in the clause shall not
be exclusive and are in addition to any other rights and remedies provided by law or under the
Contract.
30. News/Information Release: The Subrecipient agrees that it will not issue any news releases in
connection with either the award of this Contract or any subsequent amendment of or effort under
this Contract without first obtaining review and written approval of said news releases from the
County.
31. Notices: Any and all notices, requests demands and other communications contemplated, called for,
permitted, or required to be given hereunder shall be in writing, except through the course of the
Parties routine exchange of information and cooperation during the terms of the work and services.
Any written communications shall be deemed to have been duly given upon actual in-person
delivery, if delivery is by direct hand, or upon delivery on the actual day of receipt or no greater than
four calendar days after being mailed by US certified or registered mail, return receipt requested,
County of Orange 21 of 43 City ofSea[Beach
OC Community Resources Contract # 18 -23 -0005 -HR
DocuSign Envelope ID: B80EX64-8526-4FFO-AF50-550A1 C8=65
postage prepaid, whichever occurs first. The date of mailing shall count as the fust day. All
communications shall be addressed to the appropriate party at the address stated herein or such other
address as the parties hereto may designate by written notice from time to time in the manner
aforesaid.
For County:
OC Community Resources
Housing and Community Development/
Homeless Prevention, Project Manager
1300 S. Grand Ave. Bldg. B, 3'd Floor
Santa Ana, CA 92705-4407
For Subrecipient:
City of Seal Beach
211 Eighth Street
Seal Beach, CA 90740-6305
Attn: Project Manager
OC Community Resources
Contract Development and Management
Contract Administrator
1501 East St. Andrew Place, l't Floor
Santa Ana, CA 92705-4930
32. Ownership of Documents: The County has permanent ownership of all directly connected and
derivative materials produced under this Contract by the Subrecipient. All documents, reports and
other incidental or derivative work or materials furnished hereunder shall become and remains the
sole property of the County and may be used by the County as it may require without additional cost
to the County. None of the documents, reports and other incidental or derivative work or fumished
materials shall be used by the Subrecipient without the express written consent of the County.
33. Precedence: The Contract documents consist of this Contract and its attachments and exhibits. In
the event of a conflict between or among the Contract documents, the order of precedence shall be
the provisions of the main body of this Contract, i.e., those provisions set forth in the recitals and
articles of this Contract, and then the attachments and exhibits.
34. Termination — Orderly: After receipt of a termination notice from the County of Orange, the
Subrecipient may submit to the County a termination claim, if applicable. Such claim shall be
submitted promptly, but in no event later than 60 days from the effective date of the termination,
unless one or more extensions in writing are granted by the County upon written request of the
Subrecipient. Upon termination County agrees to pay the Subrecipient for all services performed
prior to termination which meet the requirements of the Contract, provided, however, that such
compensation combined with previously paid compensation shall not exceed the total compensation
set forth in the Contract. Upon termination or other expiration of this Contract, each party shall
promptly return to the other parry all papers, materials, and other properties of the other held by each
for purposes of performance of the Contract.
THE REMAINDER OF THE PAGE WAS INTENTIONALLY LEFT BLANK
County of Orange 22 of 43 City of Seal Beach
OC Community Resources Contract # 18 -23 -0005 -HR
DocuSign Envelope ID: BBOE2C64-8526-4FFO-AF50.550A1C8C3C65
Program Specific Terms and Conditions:
35. Debarment: Subrecipient certifies that it is not debarred or suspended or otherwise excluded from
or ineligible for participation in Federal/State assistance programs in accordance with 29 CFR Part
98.
36. Lobbying:
A. Subrecipient shall complete and immediately forward to the County the "Disclosure of
Lobbying Activities," a copy of which is attached hereto as Exhibit 3 and incorporated herein
by this reference, if subrecipient, or any person, firm or corporation acting on Subrecipient's
behalf, engaged or engages in lobbying any federal office, employee, elected official or
agency with respect to this contract or funds to be received by subrecipient pursuant to this
Contract.
B. Subrecipient agrees that the funds provided herein shall not be used to promote, directly or
indirectly, any political party, political candidate or political activity, except as permitted by
law.
37. Fraud: Subrecipient shall immediately report all suspected or known instances and facts concerning
possible fraud, abuse or criminal activity under this contract. Subrecipient shall inform staff and the
general public of how to report fraud, waste or abuse through appropriate postings of incident
reporting notice. The County's Anti -Fraud Program can be accessed through:
http://ocgov.com/gov/r-isk/programs/antifraud.
38. Fiscal Accountability:
A. Financial Management System: Subrecipient shall establish and maintain a sound financial
management system, based upon generally accepted accounting principles. Contractor's
system shall provide fiscal control and accounting procedures that will include the following:
i. Information pertaining to tuition rates, payments, and educational assistance
payments; and
ii. ii. Source documentation to support accounting records;
iii. Proper charging of costs and cost allocation.
B. Subrecivient's Record: Subrecipient's records shall be sufficient to:
i. Permit preparation of required reports; and
ii. Permit tracking of funds to a level of expenditure adequate to establish that funds
have not been used in violation of the applicable restrictions on the use of such funds;
and
iii. Permit the tracking of program income, or profits earned, and any costs incurred (such
as stand-in costs) that are otherwise allowable except for;
iv. Permit tracking and reporting of leveraging as required.
C. Costs Charged: Cost shall be charged to this contract only in accordance with the County and
other requirements as required by funding source(s).
County of Orange 23 of 43 City of Sea[ Beach
OC Community Resources Contract # 18 -13 -0005 -HR
DocuSign Envelope ID: BBOE2C64-85264FFO-AF50-55OA1CBC3C65
39. Performance Standards: Subrecipient shall comply with and adhere to the performance
accountability standards as described in this Contract and applicable regulations and the activity
levels to be utilized by County for program evaluation and monitoring included, but not limited to
those listed in the Attachment E -Performance Standards attached hereto and incorporated herein by
reference.
40. Budget Schedule: Subrecipient agrees that the expenditures of any and all funds under this Contract
will be in accordance with the Budget Schedule, a copy of which is attached hereto as Attachment
C, and which by this reference is incorporated herein and made a part hereof as if fully set forth.
41. Payment Requirements:
If funding levels are significantly affected by Federal budget and funds are not allocated and
available for the continuance of the function performed by Subrecipient, the Contract may be
terminated by the County at the end of the period for which funds are available. The County shall
notify Subrecipient at the earliest possible time of any service, which will or may be affected by a
shortage of funds. No penalty shall accrue to the County in the event this provision is exercised and
the County shall not be obligated nor liable for any damages as a result of termination under this
provision of this Contract, and nothing herein shall be construed as obligating the County to expend
or as involving the County in any Contract or other obligation for future payment of money in excess
of appropriations authorized by law.
A. Contract Amount: It is expressly agreed and understood that the total amount to be paid
by County under this Contract shall not exceed the total County funding as set forth in
Attachment B-Compensation/Payment to Subrecipient attached hereto and incorporated
herein by reference.
B. County will reclaim any unused balance of funds for reallocation to other County
approved projects.
C. Payment of Project Activities
1. Payment of Project Activities: County will reimburse Subrecipient for eligible
project -related costs only. Subrecipient shall submit requests for reimbursement
to County on a monthly basis beginning on August 1, 2018, and must provide
adequate documentation as required by County in accordance with the OC
Community Resources Contract Reimbursement Policy, as set forth in Exhibit 1,
attached hereto and incorporated herein by reference. In addition, Subrecipient
will provide a progress performance report ("GPR Information Form") for the
time period covered, as prescribed by County. Failure to provide any of the
required documentation and reporting will cause County 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 County.
2. If Subrecipient has no request for reimbursement during any quarter during the
term of this Contract, a GPR Information Form, including and explanation as to
why no invoices were being processed, shall be required in lieu of a request for
reimbursement.
3. To be determined: To be developed with Subrecipient during contract negotiation.
The following "Required Expenditure Threshold" criteria have been established
to guide the Subrecipient in structuring and scheduling their expenditure of funds
County of Orange 24 of 43 City of Seal Beach
OC Community Resources Contract # 18 -23 -0005 -HR
DocuSign Envelope ID: BBOE2C64-85264FFO-AF50-55OA1C8C3C65
received through this Contract, through term of Contract. The criteria thresholds
are consistent with the criteria used by OC Community Resources 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.
*Milestone Date Minimum Required Expenditure Threshold
February 15th 50% of Contracted Amount Expended
March 15th 70% of Contracted Amount Expended
April 15th 80% of Contracted Amount Expended
4. Subrecipient will have forty-five (45) days following the expiration of the
Contract to submit outstanding invoices for reimbursement of eligible costs
incurred during the Contract period. After the forty-five (45) day period for
submitting invoices has expired, County shall reallocate the remaining balance
under this Contract for other program purposes and Subrecipient shall be
ineligible for any further reimbursement.
D. Funds shall not be disbursed for any costs incurred prior to the certification by County
and/or HUD of Certificate(s) of Insurance as further defined in Paragraph O "Insurance
Requirements" of this Contract.
E. Eligible costs related to services provided by Subrecipient must be incurred during the
period beginning July 1, 2018. The Project shall be completed and all funds provided
through this Contract shall be expended on eligible Project activities through and
including June 30, 2019.
a. Housing Rehabilitation Contracts and Public Facilities & Improvements Contracts.
i. Subrecipient may be eligible to request additional funding up to the maximum set
forth as identified in County policy if Subrecipient meets or exceeds any one of
the Minimum Required Expenditure Thresholds at 50%, 70% or 80% on or prior
to the milestone date as set forth in Paragraph 41. C.3.
ii. If additional funding is available for allocation to Subrecipient, and the basic goals
and objectives of the program are not altered, Subrecipient and County shall
amend the Subrecipient Scope of Services component of this Contract.
Furthermore, Subrecipient shall demonstrate to the satisfaction of County that the
required Performance Expenditure and Accomplishment Thresholds set forth in
Paragraph 46.0 will continue to be met before such extension and additional
allocation shall be granted.
iii. Contract Extension (No Cost Extension)
1. The term of this Contract and the provisions herein may be extended to
cover an additional time period as specified herein.
2. The date for Project completion and expenditure of all funds may be
extended by the Director without further action by the Board as identified
in County policy. Subrecipient must notify the Director in writing 45 days
prior to June 30, 2018, if they are requesting an extension. For all
County of Orange 25 of 43 City of Seal Beach
OC Community Resources Contract # 18 -23 -0005 -HR
DocuSign Envelope ID: BBOE2C64-8526.4FF0-AF50-550A1C8C3C65
extensions, the deadline for submittal of invoices shall be forty-five (45)
days after the new expiration date.
3. Contract extension provisions are not applicable to PROGRAM
ADMINISTRATION activities.
b. Public Services Contracts cannot be extended.
F. County and Participating Cities previously entered into a Cooperation Agreement
effective July 1, 2018 as amended, in which both Parties agreed to cooperate in the
undertaking, or assist in the undertaking, of community development and housing
assistance activities.
G. Metropolitan Cities with populations of over 50,000, are eligible to participate in the
Community Planning and Development (CPD) program funds directly from the U.S.
Department of Housing and Urban Development (HUD) and have opted to participate
in the CPD programs through the County's Urban County Program as a metropolitan
city.
42. Modification of Budget: Upon written approval of County shall have the authority to transfer
allocated program funds from one category of the overall program Budget to another category of
the overall Budget. No such transfer may be made without the express prior written approval of
County. A modification of the Budget may include the addition of any new Budget category.
43. Annual Audit: If Subrecipient expends Federal funds in a fiscal year which equal or exceed
$750,000 (seven hundred fifty thousand dollars) as specified in OMB Circular A -133 -Revised, 2
CFR Part 200.500- Subpart F -Audit Requirements Subrecipient shall cause an audit to be prepared
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 annually in accordance with Generally Accepted Auditing Standards (GARS)
authorized by the AICPA and Federal laws and regulations governing the programs in which it
participates.
Furthermore, County retains the authority to require Subrecipient to submit similarly prepared
audit at Subrecipient's expense even in instances when Subrecipient's expenditure is less than
$750,000. 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 will ensure an annual financial audit is performed in compliance with the Federal
Single Audit Act and will submit two (2) copies of such audit report, including a copy of the
management letter, to County within six (6) months of the end of each Contract year in which
Subrecipient has received federal funding (i.e., July 1 — June 30). Failure to meet this requirement
may result in County 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 County or Federal officials. Subrecipient acknowledges
that any and all "Financial Statements" submitted to County pursuant to this County become Public
Records and are subject to public inspection pursuant to Sec. 6250 et seq. of the California
Government.
County of Orange 26 of 43 City of Sea[ Beach
OC Community Resources Contract # 18 -23 -0005 -HR
DocuSign Envelope ID: BB0E2C64-85264FF0-AF50-550A1 C8C3C65
44. DUNS Number and Related Information: DUNS Number: A unique, non -indicative 9 -digit
identifier issued and maintained by the Dun & Bradstreet (D&B) that verifies the existence of a
business entity. The DUNS number is needed to coordinate with the System for Award Management
(SAM) that combines federal procurement systems and the Catalog of Federal Domestic Assistance
into one new system. https://www.SAM.eov
The DUNS Number must be provided to County prior to the execution of this Contract. Subrecipient
shall ensure all DUNS information is up to date and the DUNS number status is "active," prior to
execution of this Contract. If County cannot access the Subrecipient's DUNS information related to
this federal sub award on the Federal Funding Accountability and Transparency Act Sub Award
Reporting System (SAM.GOV) due to errors in the Subrecipient's data entry for its DUNS number,
the Subrecipient must immediately update the information as required.
45. Program Income:
A. Subrecipient shall comply with regulations, as well as all applicable State or County
regulations concerning the reporting and payment procedures for program income.
B. Definition: Program income means, as provided by 24 CFR § 570.504, gross income
received by the Subrecipient directly generated by a grant supported activity, or earned only
as a result of the grant agreement during the grant period.
C. Use. The Subrecipient shall use all income received from said funds only for the same
purposes for which said funds may be expended pursuant to the terms and conditions of this
Contract.
D. All Program Income accrued shall be returned to County on a quarterly basis prior to
Subrecipient receiving any reimbursement from grant funds provided under this Contract.
E. Subrecipient shall provide information of the receipt of Program Income by Subrecipient
related to Program on all GPR Information Forms submitted with requests for
reimbursement.
F. Subrecipient shall complete and submit a Year -End Program Income letter, indicating
amount of Program Income and include any reimbursement remittance necessitated therein,
by July 15, after the close of the Contract fiscal year.
46. Performance:
A. Subrecipient shall provide the oversight, administration, and project management necessary
to accomplish all contracted activities in a timely manner. Subrecipient also agrees to
comply with all applicable Federal, State, and local laws and regulations governing the funds
provided under this Contract.
B. Subrecipient shall comply with all applicable HUD regulations, as described in Paragraph
49 "Federal Administrative and Related Requirements" of this Contract, 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
County of Orange 17 of 43 City of Seal Beach
OC Community Resources Contract # 18 -23 -0005 -HR
DocuSign Envelope to: BBOE2C64-85264FFO-AF50-55OA1C8C3C65
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 County or HUD and shall be submitted by Subrecipient in report form
to County by dates specified by County.
C. The following "Performance Threshold" criteria shall be used to assess the level of
performance of the Subrecipient, including Attachment A — Scope of Services, attached
hereto and incorporated herein by reference. Furthermore, the criteria will be considered by
OC Community Resources when determining future funding. In order to be considered in
compliance with the performance threshold criteria, the Subrecipient must, on or before the
required milestone date, submit to OC Community Resources a request for reimbursement
which demonstrates that Subrecipient has expended funds and met their proposed
accomplishment goals at the required levels, unless exempted in writing by the County.
*Milestone Date Minimum Required Expenditure Threshold
February 15th 50% of Contracted Amount Expended
50% of Proposed Accomplishments Met
March 15" 70% of Contracted Amount Expended
70% of Proposed Accomplishments Met
April 15th 80% of Contracted Amount Expended
80% of Proposed Accomplishments Met
Failure to achieve at least the aforementioned 50% drawdown, without extenuating
circumstances, may cause any remaining balance in this Contract to be reclaimed by County,
and will negatively affect future funding to Subrecipient. Failure to achieve the
aforementioned 80% drawdown goal, without written exception approved by the Director,
may cause any remaining balance in this Contract to be reclaimed by County, and will
impact future funding to Subrecipient.
D. Subrecipient shall complete and submit a Year End GPR Information Form by July 15, after
the close of the Contract fiscal year.
E. Should the activity being funded through this Contract be completed, cancelled or
terminated prior to the termination date set forth herein in this Paragraph 46 "Performance."
Additional Terms and Conditions, Subrecipient shall complete and submit a Mid -Year GPR
Information Form at the time of the completion, cancellation or termination. Said GPR
Information Form shall consist of a cumulative reporting of project -related expenditures and
accomplishments relative to the Scope of Services, as set forth in Attachment A, attached
hereto and incorporated herein by reference. If activity funded through this Contract is
completed, or if funds allocated through this Contract are fully expended, prior to end of
Contract term, Subrecipient must continue to serve its clients for the entire term of this
Contract.
F. Subrecipient shall complete and submit a GPR Information Form in support of all requests
for reimbursement. Said GPR Information Form shall consist of a cumulative report of
County of Orange 28 of 43 City of Seal Beach
OC Community Resources Contract # 18 -23 -0005 -HR
DocuSign Envelope ID: BBOE2C64-85264FFO-AF50-55OA1C8C3C65
project related accomplishments as set forth in Attachment A - Scope of Services, attached
hereto and incorporated herein by reference, for the subject quarter. If at any time during
the term of this Contract Subrecipient has no activity occur during any quarter, Subrecipient
shall prepare and submit to County a Quarterly GPR Information Form, regardless of actual
activity.
G. Subrecipient acknowledges that the GPR Information Form is a monitoring tool that will be
reviewed and evaluated to determine Subrecipient's level of performance relative to this
Contract.
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
County.
I. Readiness — for Housing Rehabilitation and Public Facilities & Improvements Projects:
SUBRECIPIENT shall be required to demonstrate to COUNTY its readiness to immediately
initiate its Project upon execution of this CONTRACT by providing to the COUNTY
documentation including, but not limited to, the following: Board or Council
Minutes/Resolution; Awarded bid documents with timeline requirements; and, executed
Architect and Engineer (hereafter referred to as "A&E") contracts with specific project
timelines consistent with funding. By July 30 of CONTRACT term, SUBRECIPIENT shall
provide COUNTY a Project Readiness Checklist incorporating the status of all Project -
phasing milestones. In the case of milestones not yet reached, SUBRECIPIENT shall
provide projected target dates for when said milestones would be met. The Project
Readiness Checklist shall clearly demonstrate that SUBRECIPIENT will meet the
"Minimum Required Expenditure Thresholds" as set forth in this Paragraph 46.C.
SUBRECIPIENT acknowledges that said Project Readiness Checklist may be considered to
evaluate the performance of the SUBRECIPIENT.
47. Performance Monitoring:
A. Performance Monitoring of Subrecipient by County, State of California and/or HUD shall
consist of requested and/or required written reporting, as well as onsite monitoring by
County, State of California or HUD representatives.
B. County shall periodically evaluate Subrecipient's progress in complying with the terms of
this Contract. Subrecipient shall cooperate fully during such monitoring. County shall
report the findings of each monitoring to Subrecipient.
C. County shall monitor the performance of Subrecipient against the goals, outcomes,
milestones and performance standards required herein. Substandard performance, as
determined by County, will constitute non-compliance with this Contract for which County
may immediately terminate the Contract. If action to correct such substandard performance
is not taken by Subrecipient within the time period specified by County, payment(s) will be
denied in accordance with the provisions contained in this Paragraph 47 of this Contract.
County of Orange 29 of 43 City of Seal Beach
OC Community Resources Contract # 18 -23 -0005 -HR
DocuSign Envelope ID: BBOE2C64-85264FFO-AF50-550A1C8C3C65
D. HUD in accordance with 24 CFR Part 570 Subpart O, 570.902, will annually review the
performance of County to determine whether County has carried out its Community
Development Block Grant (CDBG) assisted activities in a timely manner and has
significantly disbursed CDBG funds and met the mandated "1.5 ratio' threshold.
Subrecipient is responsible to ensure timely drawdown of funds.
48. Substantial Amendments:
A. If any amendment results in a change in the funding amount, that does not trigger a
Substantial Amendment, as defined, Subrecipient Scope of Services, threshold and milestone
dates or schedule of activities to be undertaken as part of this Contract, such modifications
will be incorporated only by written amendment executed by Director, or designee and
Subrecipient.
B. In an effort to efficiently utilize CDBG funds within timeframes required by HUD, the
County will consider the reprogramming of unspent CDBG balances from completed and
cancelled CDBG-funded activities to other eligible activities as a "Non -Substantial
Amendment'. In the event that any of these "administrative" reprogramming actions fall
under the "Substantial Amendment' criteria, the proposed actions to the Citizen Participation
process, requires formal action by the Board of Supervisors, and subsequent approval by
HUD.
49. Federal Administrative and Related Requirements:
Subrecipient must comply with all federal requirements as it pertains for 24 CFR Parts 91 and 570.
Subrecipient acknowledges that administration of its operation and services are subject to the
requirements as established in 2 CFR Part 200, et al. Subrecipient shall procure all materials,
property, or services in accordance with the requirements of 2 CFR § 200.318-326.
A. Financial Management:
1. Accounting Standards
Subrecipient agrees to comply with 24 CFR 84.21-28 and agrees to adhere to the
accounting principles and procedures required therein, utilize adequate internal
controls, and maintain necessary source documentation for all costs incurred.
2. Cost Principles:
The Subrecipient shall administer its program in conformance with 2 CFR Part
200, et al; (and if Subrecipient is a governmental or quasi -governmental agency,
the applicable sections of 24 CFR 85, "Uniform Administrative Requirements for
Grants and Cooperative Agreements to State and Local Governments,") as
applicable. These principles shall be applied for all costs incurred whether
charged on a direct or indirect basis.
B. Documentation and Record Keeping
Records to be Maintained
County of Orange 30 of 43 City of Seal Beach
OC Community Resources Contract # 18 -23 -0005 -HR
DocuSign Envelope ID: BBOE2C64-8526-4FFO-AF50-55OA1C8C3C65
Subrecipient shall maintain all records required by the Federal regulations
specified in 24 CFR 576.506 that are pertinent to the activities to be funded under
this Contract. Such records shall include, but not be limited to:
a. Records providing a full description of each activity undertaken;
b. Records demonstrating that each activity undertaken meets the one of the
National Objectives of the CDBG program;
C. Records required to determine the eligibility of activities;
d. Records required to document the acquisition, improvement, use, or
disposition of real property acquired or improved with CDBG assistance;
e. Records documenting compliance with the fair housing and equal
opportunity components of the CDBG program;
f Financial records as required by federal regulations 24 CFR 570.502, and
24 CFR 84.21-28;
g. Other records necessary to document compliance with Subpart K of 23
CFR.
2. Retention:
Subrecipient shall retain all financial records, supporting documents, statistical
records, and all other records pertinent to this Contract for a period of five (5)
years. The retention period begins on the date of the submission of the County's
annual performance and evaluation report to HUD in which the activities assisted
under the Contract are reported on for the final time. Notwithstanding the above,
if there is litigation, claims, audits, negotiations or other actions that involve any
of the records cited and that have started before the expiration of the five-year
period, then such 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.
Client Data
a. 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 Contract, or after the resolution of all Federal
audit finding, whichever occurs later. Such data shall be consistent and
include, but not 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 County, for determining eligibility), and description of service
provided. Such information shall be made available to HUD
representatives, County monitors, or their designees, for review upon
request.
b. 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
County of Orange 31 of 43 City ojSeal Beach
OC Community Resources Contract 4 18 -23 -0005 -HR
DocuSign Envelope ID: BBOE2C64-8526-4FFO-AF50-55OA1C8C3C65
or location of any family violence shelter project, except with the written
authorization of the person responsible for the operation of that shelter.
4. Disclosure
Subrecipient shall maintain client data demonstrating client eligibility for services
provided. Such data shall include, but not be limited to, client name, address,
income level or other basis for determining eligibility, and description of service
provided. Such information shall be made available to County monitors or their
designees for review upon request.
5. Close -Outs
Subrecipient's obligation to County shall not end until all close-out requirements
are completed. Activities during this close-out period shall be completed in
accordance with federal and State regulations and shall include, but are not limited
to: making final payments; submitting final invoice(s), report(s), in accordance
with the requirements of Paragraph 50, and documentation; disposing of program
assets (including the return to County of all unused materials and equipment);
remitting any program income balances and accounts receivable to County, and
determining the custodianship of records. Notwithstanding the foregoing, the
terms of this Contract shall remain in effect during any period that the
Subrecipient has control over CDBG funds, including Program Income.
C. Personnel & Participation Conditions
1. Civil Rights
Compliance
Subrecipient agrees to comply with California Civil Rights Act Ordinances and
Title VI of the Civil Rights Act of 1964, as amended, Title VIII of the Civil Rights
Act of 1968, as amended, Section 104(b) and Section 109 of Title I of the Housing
and Community Development Act of 1974, as amended, Section 504 of the
Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age
Discrimination Act of 1975, Executive Order 11063, and with Executive Order
11246, as amended by Executive Orders 11375, 11478, 12107 and 12086.
2. Nondiscrimination in Employment and Contracting
Subrecipient agrees to comply with the non-discrimination in employment and
contracting opportunities laws, regulations, and executive orders referenced in 24
CFR 570.607, as revised by Executive Order 13279, including 24 CFR Part 8, 24
CFR 570.602 and Section 504 of Rehabilitation Act of 1973, Americans with
Disabilities Act of 1990, Executive Order 11063. The applicable non-
discrimination provisions in Section 109 of the Housing and Community
Development Act (HCDA) are still applicable.
Affirmative Action:
Subrecipient agrees that it shall be committed to carry out an Affirmative Action
Program that encompasses that principals provided in President's Executive
Order 11246, as revised on January 4, 2002.
4. Americans with Disabilities Act:
County of Orange 32 of 43 City of Seal Beach
OC Community Resources Contract # I8 -23 -0005 -HR
DocuSign Envelope ID: BBOE2C64-8526-4FFO-AF50-550A1C8C3C65
Subrecipient agrees to comply with Section 504 of the Rehabilitation Act of 1973
as amended; Title VI and VII of the Civil Rights Act of 1964 as amended;
Americans with Disabilities Act, 42 USC 12101; California Code of Regulations,
Title 2, Title 22: California Government Code, Sections 11135, et seq; and other
federal and state laws and executive orders prohibit discrimination. All programs,
activities, employment opportunities, and services must be made available to all
persons, including persons with disabilities.
5. Drug -Free Workplace:
The Subrecipient hereby certifies compliance with Government Code Section
8355 in matters relating to providing a drug-free workplace as set forth in Exhibit
2, attached hereto and incorporated herein by reference. The Subrecipient will:
a. Publish a statement notifying employees that unlawful manufacture,
distribution, dispensation, possession, or use of a controlled substance is
prohibited and specifying actions to be taken against employees for
violations, as required by Government Code Section 8355(a).
b. Establish a drug-free awareness program as required by Government Code
Section 8355(b) to inform employees about all of the following:
i. The dangers of drug abuse in the workplace;
ii. The Subrecipient's policy of maintaining a drug free workplace;
iii. Any available counseling, rehabilitation, and employee assistance
programs; and
iv. Penalties that may be imposed upon employees for drug abuse
violations.
C. Provide as required by Government Code Section 8355(c) that every
employee who works under this Contract:
i. Will receive a copy of the company's drug-free policy statement;
and
ii. Will agree to abide by the terms of the company's statement as a
condition of employment under this Contract.
Failure to comply with these requirements may result in suspension of payments
under the contract or termination of the contract or both, and the Subrecipient may
be ineligible for award of any future County contracts if the County determines
that any of the following has occurred:
iii. The Subrecipient has made false certification, or
iv. The Subrecipient violates the certification by failing to carry out
the requirements as noted above.
6. Anti -Lobbying:
Subrecipient certifies that it will comply with federal law (31 U.S.C. 1352) and
regulations found at 24 CFR Part 87, which provide that:
a. No Federal appropriated funds will be paid, by or on behalf of it, 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 Federal grant, the making of
any Federal loan, the entering into of any Cooperative Agreement, and the
County of Orange 33 of 43 City of Seal Beach
OC Community Resources Contract # 18 -23 -0005 -HR
DocuSign Envelope ID: BBOE2C6"5264FFO-AF50-55OA1C8C3C65
extension, continuation, renewal, amendment, or modification of any
Federal Contract, grant, loan, or Cooperative Agreement; and
b. Subrecipient shall include subject anti -lobbying certification in award
documents for all sub-Subrecipients at all tiers (including sub -
subcontracts, sub-subgrants, and Contract under grants, loans, and
Cooperative Agreements) and that all sub-Subrecipients shall certify and
disclose accordingly.
7. Employment Restrictions:
a. 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.
b. 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.
C. Employee Rights
i. Federal Minimum Wage
Subrecipient must follow the Fair Labor Standards Act (FLSA), as
it currently exists and it may be amended, which sets basic
minimum wage and overtime pay standards. These standards are
enforced by The United States Department of Wage and Hour
Division under Department's Wage and Hour Division. The
Federal minimum wage provisions are contained in the FLSA.
Many states also have minimum wage laws. In cases where an
employee is subject to both state and federal minimum wage laws,
the employee is entitled to the higher minimum wage.
d. California Minimum Wage
i. Subrecipient must follow the California enacted legislation signed
by the Governor of California, raising the minimum wage for all
industries (MW -2007). (AB 1835, CH230, Stats of 2006, adding
sections 1182.12 and 1182.13 to the California Labor Code.)
Pursuant to its authority under Labor Code section 1182.13, the
Department of Industrial Relations amends and republishes
Sections, 1, 2, 3, and 5 of the General Minimum Wage Order. MW -
2001, Section 4, Separability, has not been changed. Consistent
with this enactment, amendments are made to the minimum wage,
and the meals and lodging credits sections of all of the IWC's
industry and occupation orders. This summary must be made
available to employees in accordance with the IWC's wage orders.
Copies of the full text of the amended wage orders may be obtained
by ordering on-line at www.dir.ca.gov/WP.asp or by contacting
your local Division of Labor Standards Enforcement office.
County of Orange 34 of 43 City of Seal Beach
OC Community Resources Contract # 18 -23 -0005 -HR
DocuSign Envelope In BBOE2C64-8526-4FFO-AF50-55OA1C8C3C65
e. Hatch Act:
Subrecipient agrees that no funds provided, nor personnel employed under
this Contract, 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. and Chapter 15 of Title V of the U.S.C.
f. Religious Organization/Activities:
In accordance with 24 CFR 570.2000), Subrecipient shall not discriminate
against faith -based organizations in administering its federal HUD
activities. Subrecipient agrees that funds provided under this Contract will
not be utilized for inherently religious activities prohibited by 24 CFR
570.2000), such as worship, religious instruction, or proselytization or to
promote religious interest, or for the benefit of a religious organization.
8. Labor Standards
a. Subrecipient agrees to contact County no less than fourteen (14) days prior
to the Pre -Construction Meeting date to seek consultation regarding
application of requirements per federal labor standards regulations or
Davis -Bacon related Acts.
b. Subrecipient will comply with Davis -Bacon Act and/or State Prevailing
Wage requirements, when applicable.
C. Subrecipient agrees to comply with all applicable requirements of the
Secretary of Labor in accordance with the Davis -Bacon Act, the
provisions of Contract Work Hours and Safety Standards Act, the
Copeland "Anti -Kickback" Act (40 U.S.C. 276, 327-333), and all other
applicable Federal, State and local laws and regulations pertaining to labor
standards. Subrecipient shall maintain all applicable documentation,
which demonstrates compliance with hour and wage requirements of this
part. Such documentation shall be made available to County for review
upon request.
d. Subrecipient agrees that, except with respect to the rehabilitation or
construction of residential property designed for residential use for less
than eight (8) units, all Subrecipients engaged in contracts of $2,000.00 or
more for construction, renovation or repair of any building or work
financed in whole or in part with assistance provided under this Contract,
shall comply with all applicable federal requirements including
Department of Labor regulations, under 29 CFR, Parts 3, 1, 5, 7 and 1926
governing the payment of wages and ratio of apprentices and trainees to
journeymen. Nothing hereunder is intended to relieve
e. Subrecipient of its obligation, if any, to require payment of the higher rate
under state or local laws Subrecipient shall insert provisions meeting the
requirements of this Paragraph in all such Contracts.
In case where the Davis -Bacon Act applies, Subrecipient agrees to submit the
Construction Bid Package for this project to County for modification,
Subrecipient shall construct project in accordance with the approved
Construction Bid Package.
9. California Labor Code Compliance
County of Orange 35 of 43 City of Seal Beach
OC Community Resources Contract # /8 -23 -0005 -HR
DocuSign Envelope ID: BBOE2C64-8526-4FFO-AF50-55OA1C8C3C65
a. Prevailing Wage laws apply, Subrecipient hereby agrees to pay, or cause
its subcontractors to pay, Prevailing Wage rates at all times for all
construction, improvements, or modifications to be completed for County
under this Contract. Subrecipient herein agrees that Subrecipient shall
post, or cause to be posted, a copy of the most current, applicable
Prevailing Wage rates at the site where the construction, improvements,
or modifications are performed.
b. Payroll Records
Subrecipient agrees that:
Certified copies of all payroll records for this project shall be required
pursuant to the provisions of California Labor Code "Section 1776". The
reporting format and words of certification shall be as indicated in Title 8
of the California Code of Regulations, Section 16401.
Certified copies of the payroll records of all subcontractors working on
this project are required. It shall be the responsibility of the prime
contractor to ensure subcontractor compliance.
Certified copies of all payroll records shall be submitted on a weekly basis
to County through the duration of this Contract.
Subrecipient acknowledges that failure to comply with Section 1776 may result
in a forfeiture of twenty-five dollars ($25) for each calendar day, or portion
thereof, for each worker, until strict compliance is effectuated, and it should be
recognized that a contractor or subcontractor, or agent or representative thereof
who neglects to comply is guilty of a misdemeanor pursuant to California Labor
Code Section 1777.
10. Economic Opportunities
Compliance
Subrecipient agrees to abide by the provisions of OMB Circulars 102 and 110, as
applicable, 24 CFR 570.611 with respect to conflicts of interest, and covenants
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 Contract.
Subrecipient further covenants that in the performance of this Contract 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
County or Subrecipient, or any designated public agencies which are receiving
funds under the CDBG Entitlement Program.
This Contract is subject to the requirements of 12 USC 1701u, the HUD
regulations issued pursuant thereto at 24 CFR, 135.1 et seq., and any applicable
rules and orders of HUD issued Federal financial assistance shall be conditioned
upon compliance with 12 USC 1701u. Failure to fulfill these requirements shall
subject Subrecipient and any sub-Subrecipients, their successors and assigns, to
County of Orange 36 of 43 City of Seal Beach
OC Community Resources Contract # 18 -23 -0005 -HR
DocuSign Envelope ID: BBOE2C64-8526-4FFO-AF50-550A1CBC3C65
those remedies specified herein. Subrecipient certifies and agrees that no conflict
exists which would prevent compliance with requirements.
The Subrecipient agrees to abide by 24 CFR, 135.38, below and will insert the
following clause in any subcontracts executed with third parties for work covered
by this Contract:
"The work to be performed under this Contract is subject to the requirements of
section 3 of the Housing and Urban Development Act of 1968, as amended, 12
US.C. 1701u (section 3). The purpose ofsection 3 is to ensure that employment
and other economic opportunities generated by HUD assistance or HUD -assisted
projects covered by Section 3, shall, to the greatest extent feasible, be directed to
low- and very low-income persons, particularly persons who are recipients of
HUD assistance for housing. The Parties to this Contract agree to comply with
HUD's regulations in 24 CFR part 135, which implement Section 3. As evidenced
by their execution of this Contract, the Parties to this Contract certify that they
are under no contractual or other impediment that would prevent them from
complying with the part 135 regulations.
The Subrecipient agree to send to each labor organization or representative of
workers with which the Subrecipient has a collective bargaining agreement or
other understanding if any, a notice advising the labor organization or workers'
representative of the Subrecipient's commitments under this section clause, and
will post copies of the notice in conspicuous places at the work site where both
employees and applicants for training and employment positions can see the
notice. The notice shall describe the Section 3 preference, shall set forth minimum
number and job titles subject to hire, availability of apprenticeship and training
positions, the qualifications for each; and the name and location of the person(s)
taking applications for each of the positions; and the anticipated date the work
shall begin.
The Subrecipient agrees to include this Section 3 clause in every subcontract
subject to compliance with regulations in 24 CFR part 135, and agrees to take
appropriate action, as provided in an applicable provision of the subcontract or
in this Section 3 clause, upon finding that the subcontractor is in violation of the
regulations in 24 CFR part 135. The Subrecipient will not subcontract with any
subcontractor where the Subrecipient has notice or knowledge that the
subcontractor has been found in violation of the regulations in 24 CFR part 135.
The Subrecipient will certify that any vacant employment positions, including
training positions, that are f lied (1) after the Subrecipient is selected but before
the Contract is executed, and (2) with persons other than those to whom the
regulations of 24 CFR part 135 require employment opportunities to be directed,
were not filled to circumvent the Subrecipient's obligations under 24 CFR part
135.
Noncompliance with HUD's regulations in 24 CFR part 135 may result in
sanctions, termination of this contract for default, and debarment or suspension
from future HUD assisted contracts. With respect to work performed in
County of Orange 37 of 43 City of Seal Beach
OC Community Resources Contract # 18 -23 -0005 -HR
DocuSign Envelope ID: BBOE2C64-85264FFO-AF50-550A1C8C3C65
connection with Section 3 covered Indian housing assistance, section 7(b) of the
Indian Self -Determination and Education Assistance Act (25 U.S.C. 450e) also
applies to the work to be performed under this contract. Section 7(b) requires
that to the greatest extend feasible (1) preference and opportunities for training
and employment shall be given to Indians, and (ii) preference in the award of
Contracts and subcontracts shall be given to Indian organizations and Indian -
owned Economic Enterprises. Parties to this Contract that are subject to the
provisions of Section 3 and section 7(b) agree to comply with Section 3 to the
maximum extent feasible, but not in derogation of compliance with Section 7(b). "
11. Environmental Conditions:
Subrecipient shall comply with HUD Environmental Review under HUD
regulations at 24 CFR 58 et seq., which implement the National Environmental
Policy Act (NEPA); and, the California Environmental Quality Act (CEQA). No
costs shall be incurred and no funds shall be disbursed prior to certification by
County and/or HUD of environmental compliance.
Subrecipient shall incur no costs for any project -related activity defined in
Subrecipient Scope of Services and County shall not disburse funds prior to
certification by County and/or HUD for environmental compliance.
Subrecipient shall provide requested material to County for the Environmental
Review process required by applicable regulations.
a. Air and Water:
Subrecipient agrees to comply with the following regulations in so far as
they apply to the performance of this Contract:
Clean Air Act, 42 U.S.C., 1857, et seq.
Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, et seq.
Environmental Protection Agency (EPA) regulations pursuant to 40 CFR
50 and 40 CFR 58.
b. Flood Disaster Protection:
Subrecipient agrees to comply with the requirements of the Flood Disaster
Protection Act of 1973, including as applicable any regulations set forth
in 24 CFR 55, (implementing Executive Order 11988) in regard to the sale,
lease or other transfer of land acquired, cleared, or improved under the
terms of this Contract, as it may apply to the provisions of this Contract.
C. Lead -Based Paint:
Subrecipient agrees that any construction or rehabilitation of residential
structures with assistance provided under this Contract shall be subject to
HUD Lead -Based Paint Regulations at 24 CFR 570.608, and 24 CFR 35,
particularly, 24 CFR 35.100 through 35.175. Such regulations pertain to
all HUD -assisted housing and require that all owners, prospective owners,
and tenants or properties constructed prior to 1978 be properly notified
with the "Protect Your Family From Lead In Your Home" publication,
found at http://www.epa.gov/lead that such properties may include lead-
based paint.
d. Historic Preservation:
Subrecipient agrees to comply with the Historic Preservation requirements
set forth in the National Historic Preservation Act of 1966, as amended
County of Orange 38 of 43 City of Seal Beach
OC Community Resources Contract # 18 -23 -0005 -HR
DocuSign Envelope to: BB0E2C64-8526-4FF0-AF50-550A1 C8C3C65
(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
Contract.
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.
e. 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.
f. Modifications/Transfers of Real Property:
Any proposed modification or change in use of real property acquired or
improved, in whole or in part, by CDBG funds from the use planned at the
time of the acquisition or improvement, including disposition, is
prohibited.
i. Subrecipient shall ensure that any real property under
Subrecipient's control that was acquired or improved in whole or
in part with CDBG funds in excess of $25,000 is either:
i.i. Used to meet one of the national objectives contained in 24
CFR 570.208 for a period not less than five years, or for
such period of time as determined to be appropriate by
County, after expiration of the Contract and close-out of
Subrecipient's participation in the CDBG Program, or,
until five years after the close-out of the grant from which
the assistance to the property, whichever occurs first; or,
i.ii. Disposed of in a manner which results in County being
reimbursed in an amount equal to the current fair market
value of the property less any portion thereof attributable
to expenditures of non-CDBG funds for acquisition of, or
improvement to, the property. Such reimbursement is not
required after the period of time specified in accordance
with Paragraph 50 above.
g. Property Records:
Subrecipient shall maintain real property inventory records, which clearly
identify properties purchased, improved, or sold. Properties retained shall
continue to meet eligibility criteria, rental limitations, health, safety and
building codes, etc., and shall conform to federal and State regulations.
h. Equipment:
Subrecipient shall use, manage and dispose of equipment in accordance
with federal and State regulations.
i. Subcontracts:
i. Subrecipient shall submit all subcontract agreements to County for
review and consent prior to entering into such subcontracts. For
construction subcontracts, Subrecipient shall submit the
Construction Bid Package to County for review and written
approval by Director or designee prior to advertising for bids and
County of Orange 39 of 43 City of Sea[ Beach
OC Community Resources Contract # 18 -23 -0005 -HR
DocuSign Envelope ID: BBOE2C64-8526-4FFO-AF50-55OA1C8C3C65
award for the construction contract. Subrecipient shall construct
Project in accordance with the Construction Bid Package, which
Director approved, unless prior written approval is received from
Director for modification thereof.
ii. Subrecipient shall assume responsibility for all subcontracted
services to assure Contract compliance.
iii. Subrecipient shall cause all of the provisions of this Contract in
entirety to be included in and made a part of any subcontract
executed in the performance of this Contract.
iv. Subrecipient shall monitor all subcontracted services on a
quarterly basis to assure Contract compliance. Results of said
monitoring efforts shall be summarized in written form, and
supported with documented evidence of follow-up actions(s) to
correct any area(s) of Contract non-compliance. Documentation
shall be made available for periodic monitoring by representatives
of County and/or HUD.
j. Fair Housing:
Subrecipient shall affirmatively further fair housing in accordance with 24
CFR 576. 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 funded sub -recipients. The Subrecipient has a duty to
affirmatively further fair housing opportunities for classes protected under
the Fair Housing Act, along with all applicable State & Federal
requirements.
k. Grantor Recognition:
Subrecipient shall insure recognition of the role of the County in providing
services through this Contract. All activities, facilities and items utilized
pursuant to this Contract 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 Contract. Subrecipient will retain documentation of such recognition,
which shall be available for periodic monitoring by representatives of
County or HUD.
1. Rehabilitation Act:
Subrecipient agrees to comply with any federal regulations issued
pursuant to compliance with Section 504 of the Rehabilitation Act of
1973, (29 U.S.C. 706) which prohibits discrimination against the
handicapped in any federally assisted program. County shall provide
Subrecipient with any guidelines necessary for compliance with that
portion of the regulations in force during the term of this Contract.
50. Definitions:
For the purposes of this Contract the following definitions shall apply:
A. HUD: United States Department of Housing and Urban Development.
B. OC Community Resources (OCCR): Designated as the Lead for the development and
implementation of County of Orange Urban County Program's Consolidated Plan.
County of Orange 40 of 43 City of Seal Beach
OC Community Resources Contract # 18 -23 -0005 -HR
DocuSign Envelope ID: BBOE2C64-85264FFO-AF50-55OA1C8C3C65
C. Director: Director of OC Community Resources, or designee.
D. Program Income: The gross income received by Subrecipient directly generated from the
use of the subject program funds.
E. Grantee Performance Report (GPR) Information Form: A Program activity data
document provided by County to Subrecipient used to monitor and track the performance
of Subrecipient.
F. OC Community Resources Contract Reimbursement Policy: A County document setting
policies regarding types of documentation required to support the costs incurred and paid
(including but not limited to copies of paid invoices, certified payroll registers, bank
statements, etc.)
G. Project: Any site or sites, including buildings, and/or activities assisted with federal
program funds.
H. OMB: Federal Office of Management and Budget.
I. CAPER: Consolidated Annual Performance and Evaluation Report. An annual published
report to HUD and the public on all housing -related activities.
J. CDBG: 24 CFR Part 570 - Community Development Block Grant — the CDBG
regulations set forth eligible activities and the national objectives that each activity must
meet. The Catalog of Federal Domestic Assistance (CFDA) # 14.218 distributes formula
grants (CDBG) to develop viable urban communities by providing decent housing, a
suitable living environment, and expanding economic opportunities, principally for
persons of low and moderate income.
K. Continuum of Care: An Orange County group composed of representatives of relevant
organizations that serve homeless and formerly homeless persons that are organized to
plan for and provide, as necessary, a system of services to address the various needs of
homeless persons and persons at risk of homelessness.
L. Homeless Management Information System (HMIS): The information system designated
by the Continuum of Care to comply with HUD's data collection, management, and
reporting standards and used to collect client -level data and data on the provision of
housing and services to homeless individuals and families and persons at risk of
homelessness. (24 CFR Part 580)
M. Equipment: Tangible, non -expendable, personal property having a useful life of more
than one year and an acquisition cost of $5,000 or more per unit.
N. Substantial Amendment: The following criteria will be used by the County — if any one
criteria applies, a substantial amendment will be required:
i. A new activity not previously listed and described in the Consolidated
Plan/Annual Action Plan;
County of Orange 41 of 43 City of Seal Beach
OC Community Resources Contract # 18 -23 -0005 -HR
DocuSlgn Envelope ID: BBOE2C64-8526-4FFO-AF50-55OA1C8C3C65
ii. When a proposal is made to amend the description of an existing activity
in such a way that the newly described purpose, scope, or beneficiaries
differ significantly from the original activity's purpose, scope, or
beneficiaries; and/or
iii. An increase in the amount of Federal Community Planning Development
and/or local funds allocated to an existing activity when the following
apply:
a. An increase in funding for a public service activity in an amount
that is consistent with County policy; or
b. An increase in the funding for public facility
improvements/housing rehabilitation in an amount that is
consistent with County policy.
O. Construction Bid Package: A package of bidding documents which includes the proposal,
bidding instructions, Contract documents, detailed estimated costs, and plans and
specifications for a construction project, all prepared in accordance with applicable
Federal regulations.
P. Program Administration: An activity relating to the general management, oversight and
coordination of community development programs. Costs directly related to carrying out
eligible activities are not included.
THE REMAINDER OF THE PAGE WAS INTENTIONALLY LEFT BLANK
County of Orange 42 of 43 City of Seal Beach
OC Community Resources Contract # 18 -23 -0005 -HR
DocuSign Envelope ID: BBOE2C64-8526-4FFO-AF50-55OA1C8C3C65
IN WITNESS WHEREOF, the Parties hereto certify that they have read and understand all the
terms and conditions contained herein and have hereby cause this Contract to be executed.
*City of Seal Beach
0 Sig eE by:
By: I YL r. (vane( �) bf� By:
42� 70C4C76908423...
Till R. Ingram, City Manager
Name: Name:
Title: City Manager Title:
3/19/2018
Dated: Dated:
*For Subrecipients that are corporations, signature requirements are as follows: 1) One signature
by the Chairman of the Board, the President or any Vice President; and 2) One signature by the
secretary, any Assistant secretary, the Chief Financial Officer or an Assistant Treasurer.
For Subrecipients that are not corporations, the person who has authority to bind the Subrecipient
to a contract, must sign on one of the lines above.
************************************************************
County of Orange
A Political Subdivision of the State of California
DS
By: DDocuSignetl by:
—Z. Nwa
�1E21EDytg r*/right, Director
OC Community Resources
APPROVED AS TO FORM
By: [jDocuSlgnee by:
(; vu S. FrMf
CO3AHEDOP fy.County Counsel
Dated: 6/14/2018
Dated:
3/8/2018
County of Orange 43 of 43 City of Seal Beach
OC Community Resources Contract # 18 -23 -0005 -HR
DocuSign Envelope ID: BBOE2CS4-8526-4FFO-AF50-55OA1C8C3C65
ATTACHMENT A
SCOPE OF SERVICES
HOUSING REHABILITATION
Scope of Services
A. HUD Matrix Code / Activity:
14 A Rehab: Single -Unit Residential / 570.202(a) (1)
B. Project Title:
Leisure World Bathroom Accessibility Program
C. Program Description:
The City of Seal Beach will use CDBG funds to continue its Leisure World
Bathroom Accessibility Program. The program will assist between 60 and 85 frail
and/or disabled seniors within the Leisure World retirement community in the City
of Seal Beach. Grants will significantly improve bathroom accessibility and safety
by "cutting -down" the tub walls and converting the tub/shower into an accessible
"shower -only." This improves accessibility to the bathroom facilities for these
seniors, as well as reduces the likelihood of them falling in the bathroom. In
addition, grant funds will provide grab bars, and high -boy toilets that are ADA
compliant. Grant funding will average $2,935 per unit and will only be available to
Seniors who are income qualified, own their unit, and have a doctor's verification
of their health need for the improvements due to mobility problems, pain of
movement, loss of balance or other disabilities. The City of Seal Beach will pay for
all administration costs and the CDBG funds will be used for the bathroom
improvements. For the past 12 years, CDBG funding for this program has assisted
over 1,015 Seniors. No exterior rehabilitation work will occur.
D. Project Need:
Seal Beach Leisure World was built in the 1960's; before accessibility standards
were established. As an unfortunate result, the original tub/showers require
County of orange Page 1 of 2 City of Seal Beach
OC Communily Resources Contract # 18 -23 -0005 -HR
DocuSign Envelope ID: BBOE2C64-85264FFO-AF50-55OA1C8C3C65
ATTACHMENT A
Seniors to lift one leg over the tub wall, while balancing their body weight on one
leg on a slippery wet tub floor. The City of Seal Beach's Leisure World Bathroom
Accessibility Program eliminates this dangerous situation with the CDBG granted
funding. The City's program provides increased accessibility to proper personal
hygiene for Seniors with physical difficulties and range of mobility problems, pain
of movement, loss of balance or other disabilities. The City of Seal Beach's Leisure
World Bathroom Accessibility Program provides a desperately needed bathroom
modification, and allows qualified Seniors to continue to live in their existing
homes, near familiar surroundings and services available within Leisure World.
E. Low/Mod Neighborhood Preservation:
The City of Seal Beach's Leisure World Bathroom Accessibility Program will
provide increased accessibility to health and hygiene as well as livability for low-
income, older, residents in Leisure World. The CDBG funding significantly
improves bathroom accessibility and reduces the risk of falling for the Seniors.
Additionally, the program helps to improve the existing, older housing stock in Seal
Beach. The improvements will also benefit future senior residents as the program
expands and as new Seniors move into the Leisure World community and occupy
the refurbished housing units
F. Program Objectives and Outcomes Chart:
Activity
1. Project to Bid
2. Construction
3. Inspection, Sign -Off & Verified
Completion
Performance Obiectives
1. Creating Economic Opportunities
2. Suitable Living Environment
3. Suitable Living Environment
CDBG National Objective LMH 570.208(a)(3)
Outcomes
60-85 Housing Units
outputs
Contractor starts project
60-85 bathrooms made accessible
60-85 bathrooms made accessible
Performance Outcomes
Availability/Accessibility
Availability/Accessibility
Availability/Accessibility
County of orange Page 2 of 2 City of Seal Beach
OC Community Resources Contract # 18 -23 -0005 -HR
DocuSign Envelope ID: BBOE2C64-8526-4FF0-AF50-550A1C8C3C65
PAYMENT/COMPENSATION
HOUSING REHABILITATION
1. COMPENSATION:
ATTACHMENT B
This is a CONTRACT between the COUNTY and the SUBRECIPIENT for $180,000 as
set forth in Attachment A. Scope of Services attached hereto and incorporated herein by
reference. The SUBRECIPIENT agrees to accept the specified compensation as set
forth in this CONTRACT as full remuneration for performing all services and furnishing
all staffing and materials required, for any reasonably unforeseen difficulties which may
arise or be encountered in the execution of the services until acceptance, for risks
connected with the services, and for performance by the SUBRECIPIENT of all its duties
and obligations hereunder. The COUNTY shall have no obligation to pay any sum in
excess of the total CONTRACT amount specified unless authorized by an amendment in
accordance with paragraphs C and P of the COUNTY's General Terms and Conditions.
2. FIRM DISCOUNT AND PRICING STRUCTURE:
SUBRECIPIENT guarantees that prices quoted are equal to or less than prices quoted
to any other local, State or Federal government entity for services of equal or lesser
scope. SUBRECIPIENT agrees that no price increases shall be passed along to the
COUNTY during the term of this CONTRACT not otherwise specified and provided for
within this CONTRACT.
3. PAYMENT TERMS:
An invoice for services/activities shall be submitted to the address specified below upon
the completion of the services/activities and approval of the COUNTY Project Manager.
SUBRECIPIENT shall reference CONTRACT number on invoice. Payment will be net
30 days after receipt of an invoice, contingent upon availability of funds, in a format
acceptable to the County of Orange and verified and approved by OC Community
Resources and subject to routine processing requirements of the COUNTY. The
responsibility for providing an acceptable invoice rests with the SUBRECIPIENT.
Billing shall cover services not previously invoiced. The SUBRECIPIENT shall reimburse
the COUNTY of Orange for any monies paid to the SUBRECIPIENT for services not
provided or when services do not meet the CONTRACT requirements.
County or Orange Page 1 or 2 City or Seal Beach
OC Community Resources Contract # 18 -23 -0005 -HR
DocuSign Envelope ID: BBOE2C64-85264FFO-AF50-55OA1CBC3C55
ATTACHMENT B
Payments made by the COUNTY shall not preclude the right of the COUNTY from
thereafter disputing any items or services involved or billed under this CONTRACT and
shall not be construed as acceptance of any part of the services.
Invoice(s) are to be sent to:
OC Community Resources
1770 North Broadway
Santa Ana, CA 92706-2642
Attention: Accounts Payable
4. INVOICING INSTRUCTIONS:
Further instructions regarding invoicing/reimbursement as set forth in Exhibit 1 OC
Community Resources Contract Reimbursement Policy, are attached hereto and
incorporated herein by reference.
The CONTRACTOR will provide an invoice on CONTRACTOR's letterhead for services
rendered. Each invoice will have a number and will include the following information:
The Demand Letter/Invoice must include Delivery Order (DO) Number, Contract
Number, Service date(s) — Month of Service along with other required documentation
(See Exhibit 1).
5. OC COMMUNITY RESOURCES CONTRACT REIMBURSEMENT POLICY:
Further instructions regarding invoicing/reimbursements as set forth in Exhibit 1 OC
Community Resources Contract Reimbursement Policy, are attached hereto and
incorporated herein by reference.
County of orange Page 2 of 2 City of Seal Beach
OC Community Resources Contract # 18 -23 -0005 -HR
DocuSign Envelope ID: BBOE2C64-8526-0FFO-AF50-550A1C8C3C65
ATTACHMENT C
BUDGET SCHEDULE
HOUSING REHABILITATION
1. SUBRECIPIENT's Budget Schedule
A. Administration and Program Cost
Project Budget Chart
City of Seal Beach — Leisure World Bathroom Accessibili
Program
Project Costs/Activity
Urban County
Funds
Leveraged
Resources
Total
Design/Project Development
N/A
N/A
N/A
Acquisition
N/A
N/A
N/A
Construction
$180,000
0
$180,000
Program Administration
0
$60,000
$60,000
Total Project Cost
$180,000
$60,000
$240,000
B. Detailed Project Budget Description
Project Activity Construction: Seal Beach Leisure World was built in the 1960's,
before accessibility standards were established. As an unfortunate result, the
original tub/showers require Seniors to lift one leg over the tub wall while
balancing their body weight on one leg on a slippery tub floor. The City of Seal
Beach's Leisure World Bathroom Accessibility Program eliminates this
dangerous situation by cutting down the bathtub wall to 3-4 inches. Then a
custom glass enclosure is fitted to the cut-down tub; enabling it to function as a
shower. The floor of the tub is refinished with slip resistant material and grab -
bars are affixed to the shower walls where necessary. Hi -boy toilets are also
installed. All of these bathroom modifications provide accessibility to income
qualified Seniors with limited range of motion, mobility problems, pain of
movement, loss of balance or other disabilities. All of the Urban County funds are
used for this bathroom accessibility rehabilitation.
County of Orange Page 1 of 1 City of Seal Beach
OC Community Resources Contract # 18 -23 -0005 -HR
DocuSign Envelope ID: BBOE2C64-8526AFFO-AF50-55OA1C8C3C65
ATTACHMENT D
— o2,
IF
m
^pyffFp0.��c
STAFFING PLAN
HOUSING REHABILITATION
1. Staffing Plan
Project Title: Leisure World Bathroom Accessibility Program
Complete and Submit — Initial Report due on or before July 1
(Include name and classification/vendor).
The substitution or addition of other key individuals in any given category or classification
shall be allowed only with prior written approval of the COUNTY Project Manager.
The SUBRECIPIENT may reserve the right to involve other personnel, as their services
are required. The specific individuals will be assigned based on the need and time of the
service/class required. Assignment of additional key personnel shall be subject to
COUNTY approval.
2. Project Administration
Crystal Landavazo, Interim Community Development Director, manages the program with
over 11 years' experience in planning and building department management and
programs. Ms. Landavazo utilizes the services of CivicStone, Inc. to administer the day to
County or Orange Page i of 2 City or Seal Beach
OC Community Resources Contract # 18 -23 -0005 -HR
Name/Staff
Classification/Title
1
Crystal Landavazo
Project Manager:
Community Development Interim
Director
2
Monique Eliason
CivicStone, Inc. Sub -Contractor
3
4
5
6
7
8
9
10
The substitution or addition of other key individuals in any given category or classification
shall be allowed only with prior written approval of the COUNTY Project Manager.
The SUBRECIPIENT may reserve the right to involve other personnel, as their services
are required. The specific individuals will be assigned based on the need and time of the
service/class required. Assignment of additional key personnel shall be subject to
COUNTY approval.
2. Project Administration
Crystal Landavazo, Interim Community Development Director, manages the program with
over 11 years' experience in planning and building department management and
programs. Ms. Landavazo utilizes the services of CivicStone, Inc. to administer the day to
County or Orange Page i of 2 City or Seal Beach
OC Community Resources Contract # 18 -23 -0005 -HR
DocuSign Envelope to: BBOE2C64-8526-0FFO-AF50-55OA1C8C3C65
ATTACHMENT D
day operations of the CDBG implementation and funding. CivicStone, Inc. has been under
contract with the City of Seal Beach and administering their housing programs since 1999.
Over the past 12 years, the City and CivicStone, Inc. have successfully administered the
CDBG funding in Leisure World and worked closely with County Staff to ensure reporting
and reimbursement requests are properly prepared, milestones are met and funding is
spent as proposed.
County of Orange Page 2 of 2 City of Seal Beach
OC Community Resources Contract # 18 -23 -0005 -HR
DocuSign Envelope ID: BBOE2C64-8526-4FFO-AF50-55OA1C8C3C65
ATTACHMENT E
PERFORMANCE STANDARDS
HOUSING REHABILITATION
1. Performance Standards
July 1 — CONTRACT Start Date
2. Tools to Measure Project's Effect — Leisure World Bathroom Accessibility Program
3. Each applicant is required to have a Doctor verify that the proposed work is needed due
to the applicant's range of motion or mobility problems, pain of movement and/or loss of
balance problems. In this manner, we are assured that those with the greatest need
receive the bathroom improvements first. Aside from an initial health analysis from their
doctor, the funding is provided to income qualified Seniors who meet the HUD
guidelines.
The Leisure World Bathroom Accessibility Program has a very simple method to
measure its success. Funding is provided to income and health qualified Seniors and
success is measured by the proper completion of each bathroom accessibility
improvement. Comprehensive computer tracking, on-site inspections, photos, meetings
with home owners and reports measure each stage of the program for each applicant to
County of Orange Page i of 2 City of Seal Beach
OC Community Resources Contract Al 18 -23 -0005 -HR
Minimum Required
Milestone Date
Expenditure/
Accomplishment Threshold
Activity Results Achieved
February 15w
50% of Contracted Amount
Expended
$90,000.00
February 15'n
50% of Proposed
33 Housing Units
Accomplishments Achieved
70% of Contracted Amount
March 15th
Expended
$126,000.00
March 15th
70% of Proposed
46 Housing Units
Accomplishments Achieved
80% of Contracted Amount
April 15th
Expended
$144,000.00
80% of Proposed
52 Housing Units
April 15th
Accomplishments Achieved
3. Each applicant is required to have a Doctor verify that the proposed work is needed due
to the applicant's range of motion or mobility problems, pain of movement and/or loss of
balance problems. In this manner, we are assured that those with the greatest need
receive the bathroom improvements first. Aside from an initial health analysis from their
doctor, the funding is provided to income qualified Seniors who meet the HUD
guidelines.
The Leisure World Bathroom Accessibility Program has a very simple method to
measure its success. Funding is provided to income and health qualified Seniors and
success is measured by the proper completion of each bathroom accessibility
improvement. Comprehensive computer tracking, on-site inspections, photos, meetings
with home owners and reports measure each stage of the program for each applicant to
County of Orange Page i of 2 City of Seal Beach
OC Community Resources Contract Al 18 -23 -0005 -HR
DocuSign Envelope ID: BBOE2C6"526-4FFO-AF50-550A1C8C3C65
ATTACHMENT E
ensure that every Senior is receiving the attention they deserve. Staff follows -up with
contractors and homeowners to confirm progress, satisfaction, accuracy, and payments.
Each recipient completes a Notice of Completion and before & after photos are taken of
each bathroom to further verify proper completion. The Leisure World Bathroom
Accessibility Program receives many letters of thanks from Seniors who have had this
work done and want to express their satisfaction and gratitude.
County of Orange Page 2 of 2 City of Seal Beach
OC Community Resources Contract # 18 -23 -0005 -HR
DocuSign Envelope ID: BBOE2C64-85264FFO-AF50-550At C8C3C65
EXHIBIT 1
O R A N G E C O U N T Y
OCCommunity Resources
Our Community. Our Commitment.
Subject: OC Community Resources Effective: July 1, 2010
Contract Reimbursement Policy Revised: February 28, 2017
PURPOSE:
This policy contains updated fiscal documentation requirements for contract reimbursement for
OC Community Services and Housing & Community Development and Homeless Prevention.
The procedures provide instructions for submitting reimbursement demand letter or invoice.
REFERENCES:
Executed Board of Supervisors approved contract
Budget included in contract or presented as an attachment
48 CFR Part 31 Contract Cost Principles and Procedures
24 CFR Parts 85, 570.502, 570.201, 576.21, 576.51 and 576.61: For Housing & Community
Development and Homeless Prevention Contracts only.
Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal
Awards (Uniform Guidance)
BACKGROUND:
The executed Board of Supervisors approved contract is the authorization for all aspects of
payment, including the maximum amount to be paid, the payee, and the scope of services and
work. Payments are made in strict accordance with the contract terms. Allowable costs are
identified in referenced Uniform Guidance and Code of Federal Regulations (CFR).
ATTACHMENTS:
Reimbursement Policy Status Form (RPS -1)
POLICY:
Contractor is responsible for the submission of accurate claims. This reimbursement policy is
intended to ensure that the Contractor is reimbursed based on the code or codes that correctly
describe the services provided. This information is intended to serve only as a general reference
resource regarding OC Community Services' and Housing & Community Development and
Homeless Prevention reimbursement policy for the services described and is not intended to
address every aspect of a reimbursement situation. Accordingly, OC Community Services and
Housing & Community Development and Homeless Prevention may use reasonable discretion in
interpreting and applying this policy to services provided in a particular case. Other factors
affecting reimbursement may supplement, modify or, in some cases, supersede this policy.
These factors may include, but are not limited to: legislative mandates and County directives. OC
Community Services and Housing & Community Development and Homeless Prevention may
modify this reimbursement policy at any time by publishing a new version of the policy. However,
the information presented in this policy is accurate and current as of the date of publication.
Cost incurred by Contractor must be substantiated and incurred during the contract period.
Total of all reimbursements cannot exceed the amount of the contract. Cost must be allowable
under applicable Code of Federal Regulations (CFR) or Uniform Guidance. All supporting
documentation for reimbursement must be submitted with demand letter or invoice. If contract
Page 1 of 2
DowSign Envelope ID: BBOE2C64-8526-0FFO-AF50-550A1C8C3C65
requires matching contribution, documentation substantiating contribution match must be
submitted with demand letter or invoice.
At anytime, based on County's business needs and/or Contractor's performance, the County may
designate Contractor to submit abbreviated or comprehensive documentation, as identified in the
respective sections. Upon designation, Contractor will be notified, in writing via Reimbursement
Policy Status Form, of which requirements are in full force. When Contractor is required to submit
comprehensive documentation, in addition to the items identified in the Abbreviated
Documentation Requirements Section, Contractor must also provide the documentation identified
in the Comprehensive Documentation Requirements Section.
PROCEDURES:
Abbreviated Documentation Requirements
Compile and submit:
1. Supporting documentation includes, but is not limited to:
a. General ledger/expense transaction report
b. Payroll register or labor distribution report
c. Payroll allocation plan
d. Personnel Documentation
e. Benefit plan and calculation of benefit
f. Employer-employee contract for non -customary benefits (if applicable)
g. Pre -approval documentation for equipment purchases equal to or greater than
$5,000
2. The following is required with the first month's invoice only:
a. Cost allocation plan for rent, utilities, etc.
b. Indirect rate approved by cognizant agency (if applicable)
3. Summary of leveraged resources (if applicable)
4. Demand letters must contain the following certification (if required by Contract):
"7 certify under the penalty of perjury that this claim is true and correct and that the
requested payments have been made. I also certify that this claim agrees with our
official payroll and financial records and that these amounts have not been, or will
not be claimed from any other funding source"
5. Grantee Performance Report (if required by Contract)
6. Supporting documentation shall be on single -sided sheets
7. Please redact employees' Social Security Number from payroll reports
8. Demand letter or invoice, along with supporting documentation shall be submitted to:
OC Community Resources Accounting
1770 N. Broadway, 4'^ Floor
Santa Ana, CA 92706
Comprehensive Documentation Requirements
In addition to abbreviated documentation, compile and submit:
9. Purchase orders, invoices, and receipts
10. Cashed checks
11. Check register
12. Consultant/sub-contractor invoices (with description of services)
13. Travel expense documentation: mileage reimbursement, hotel bill, meal reimbursement
ACTION:
Distribute this policy to all appropriate staff
INQUIRIES:
Inquiries may be directed to OCCR Accounts Payable at:
OCCRAccountsPayable@occr.ocgov.com
Page 2 of 2
DocuSign Envelope ID: BBOE2C64-8526-4FFO-AF50.55OA1C8C3C65
EXHIBIT 2
Certification for U.S. Department of Housing
a Drug -Free Workplace and Urban Development
of Seal Beach Contract ti 18 -23 -0005 -HR
CDBG — Housing Rehabilitation — Leisure world Bathroom Accessibility Program
Program/Activity Receiving Federal Grant Funding
Acting on behalf of the above named Applicant as its Authorized Official, I make the following certifications and agreements to
the Department of Housing and Urban Development (HUD) regarding the sites listed below:
I certify that the above named Applicant will or will continue
to provide a drug-free workplace by:
a. Publishing a statement notifying employees that the un-
lawful manufacture, distribution, dispensing, possession, or use
of a controlled substance is prohibited in the Applicant's work-
place and specifying the actions that will be taken against
employees for violation of such prohibition.
b. Establishing an on-going dmg-free awareness program to
inform employees ---
(1) The dangers of drug abuse in the workplace;
(2) The Applicant's policy of maintaining a drug-free
workplace;
(3) Any available drag counseling, rehabilitation, and
employee assistance programs; and
(4) The penalties that may be imposed upon employees
for drug abuse violations occurring in the workplace.
c. Making it a requirement that each employee to be engaged
in the performance of the grant be given a copy of the statement
required by paragraph a.;
d. Notifying the employee in the statement required by para-
graph a. that, as a condition of employment under the grant, the
employee will ---
(I) Abide by the terms of the statement; and
(2) Notify the employer in writing of his or her convic-
tion for a violation of a criminal drug statute occurring in the
workplace no later than five calendar days after such conviction;
e. Notifying the agency in writing, within ten calendar days
after receiving notice under subparagraph d.(2) from an em-
ployee or otherwise receiving actual notice of such conviction.
Employers of convicted employees must provide notice, includ-
ing position title, to every grant officer or other designee on
whose grant activity the convicted employee was working,
unless the Federal agency has designated a central point for the
receipt of such notices. Notice shall include the identification
number(s) of each affected grant;
f Taking one of the following actions, within 30 calendar
days of receiving notice under subparagraph d.(2), with respect
to any employee who is so convicted ---
(I) Taking appropriate personnel action against such an
employee, up to and including termination, consistent with the
requirements of the Rehabilitation Act of 1973, as amended; or
(2) Requiring such employee to participate satisfacto-
rily in a drug abuse assistance or rehabilitation program ap-
proved for such purposes by a Federal, State, or local health, law
enforcement, or other appropriate agency;
g. Making a good faith effort to continue to maintain a dmg-
free workplace through implementation of paragraphs a. thm f.
2. Sites for Work Performance. The Applicant shall list (on separate pages) the site(s) for the performance of work done in connection with the
HUD funding of the program/activity shown above: Place of Performance shall include the street address, city, county, State, and zip code.
Identify each sheet with the Applicant name and address and the program/activity receiving grant fimding.)
Check here Of there are workplaces on file that are not identified on the attached sheets
I hereby certify that all the information stated herein, as well as any information provided in the accompaniment herewith, is hue and accurate.
Warning: HUD will prosecute false claims and statements. Conviction may result in criminal and/or civil penalties.
(18 U.S.C. 1001, 1010, 1012; 31 U.S.C. 3729, 3802)
Name of Authorized Official Jill R. , In ramCit Title
9 Y manager 9 City Manager
signature
Dale
3/19/2018
form HUD -50070 (3/98)
ref. Handbooks 7417.1, 7475.13, 7485.1 &.3
DocuSign Envelope ID: BB0EX64-8526-4FFO-AF50-550A1 C8C3065
EXHIBIT 3
INSTRUCTIONS FOR COMPLETION OF
SF -LLL DISCLOSURE OF LOBBYING ACTIVITIES
This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient at the initiation or receipt of a
covered Federal action, or a material change to a previous filing, pursuant to title 31 U.S.C. section 1352. The filing of a form is required for each
a ment or agreement to make payment to any lobbying entity 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 a covered Federal action.
Use the SF LLL -A Continuation sheet for additional information if the space on the form is inadequate. Complete all items that apply for both the
initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional
information.
1. Identify the type of covered Federal action for which lobbying is and has been secured to influence the outcome of a covered action.
2. Identify the status of the covered Federal action.
3. Identify the appropriate classification of this report. If this is a follow up report caused by a material change to the information previously reported,
enter the year and quarter in which the change occurred. Enter the date of the last previously submitted report by this reporting entity for this
covered Federal action.
4. Enter the full name, address, city, state and zip code of the reporting entity. Include congressional district. if known. Check the appropriate
classification of the reporting entity that designates if it is, or expects to be a prime or subaward recipient.
Identify the tier of the subawardee, e. g. the first subawardee of the prime is the 1st tier. Subawards include but are not limited to subcontracts.
subgrants and contract awards under grants.
5. If the organization filing the report, in item 4 checks "Subawardee", then enter the full name, address, city, state, and zip code of the prime Federal
recipient. Include congressional district, if known.
6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organizational level below agency name, if
known. For example, Department of Transportation, United States Coast Guard.
7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic
Assistance (CFDA) number for grants, cooperative agreements, loans and loan commitments.
8. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e, g. Request for Proposal (RFP)
number; Invitation for Bid (IFB) number; grant announcement number the contract, grant. or loan award number; the application proposal control
number assigned by the Federal agency). Include prefixes, e.g., "RFP DE 90 09."
9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the
awardlloan commitment for the primary entity identified in item 4 or 5.
10. (a) Enter the full name, address, city, state and zip code of the lobbying entity engaged by the reporting entity identified in item 4 to
influence the covered Federal action.
(b) Enter the full names of the individual(s) performing services, and include full address if different from 10 (a). Enter Last Name, First
Name, and Middle Initial (MI).
11. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (item 4) to the lobbying entity (item 10).
Indicate whether the payment has been made (actual) or will be made (planned). Check all boxes that apply. If this is a material change report
enter he cumulative amount of payment made or planned to be made.
12. Check the appropriate box(es). Check all boxes that apply. If payment is made through an in kind contribution, specify the nature and value of
the in kind payment.
13. Check the appropriate box(es). Check all boxes that apply. If other, specify nature.
14. Provide a specific and detailed description of the services that the lobbyist has performed, or will be expected to perform, and the date(s) of any
services rendered. Include all preparatory and related activity, not just time spent in actual contact with Federal officials. Identify the Federal
official(s) or employee(s) contacted and the officer(s), employee(s), or Member(s) of Congress that were contacted.
15. Check whether or not a SF LLL A Continuation Sheet(s) is attached.
16. The certifying official shall sign and date the forth, print his/her name, title, and telephone number.
Public reporting burden for this collection of information is estimated to average 30 minutes per response, including time for reviewing instructions.
searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send
comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the
Office of Management and Budget. Paperwork Reduction Project (0348 0046) Washington D.C., 20503.
County of Orange Page 1 of 3 City of Seat Beach
OC Community Resources Contract # 18 -23 -0005 -HR
DocuSign Envelope ID: B130EX64-85264FFO-AF50-550A1 C8C3C65
Not Applicable
DISCLOSURE OF LOBBYING ACTIVITIES
Complete this form to disclose activities pursuant to 31 U.S.0 1352
1. Type of Federal Actions:
2. Status of Federal Actions:
3. Report Type:
a. contract
a. bid/offer/application
a. initial filing
b. grant
b. initial award
b. material change
C. cooperative agreement
G. post -award
d. loan
For material change only:
e. loan guarantee
Year: Quarter:
f. loan insurance
Date of last report:
4. Name and Address of Reporting Entity
5. If Reporting Entity in No. 4 is a Subawardee:
Prime Subawardee
Enter Name and Address of Prime:
Ter if known
Congressional District, if known:
Congressional District, if known:
6. Federal Department I Agency:
7. Federal Program Name/Description
8. Federal Action Number, if known:
9. Award Amount, if known:
10a. Name and Address of Lobbying Entity
10b. Individual Performing Services
(if individual, last name, first name, MI):
(including address if different from No. 10a)
(last name, first name, MI):
attach Confinuation Sheets SF -LLL -A, if necessary)
11. Amount of Payment (check all that apply):
$ Actual
Planned
12. Form of Payment (check all that apply):
a. rash
b. in-kind: specify:
nature:
value:
14. Enter Description of Services performed or to be Performed and date(s) of Service, including officer(s), employee(s), or Member(s)
contacted, for Payment indicated on item 11:
15. Continuation sheets SF -LLL -A attached: ❑ Yes ❑ No
16. Information requested through this form authorized by Title
Docusigned by:
31 U.S.C. Section 1352. This disclosure of lobbying activities is a
Signature:B(.I,
r. I WdVaw i oft,
23...
material representation of fact upon which reliance was placed by the427�e
tier above when this transaction was made or entered into. This
disclosure is required pursuant to 31 U.S.C. 1352. This information
Print Name: Jill R. Ingram, city manager
will be reported to the Congress semiannually and will be available for
public inspection. An person who fails to file the required disclosure
shall be subject to a civil penalty of not less than $10,000 and not
Title: city manager
more than $100,000 for each such failure.
Telephone No:
Date: 3/19/2018
County of Orange Page 2 of 3 City of Seal Beach
OC Community Resources Contract # 18 -23 -0005 -HR
DocuSign Envelope ID: B80E2C64-8526-4FF0-AF50-550A1 C8=65
DISCLOSURE OF LOBBYING ACTIVITIES
CONTINUATION SHEET
Approved by OMS - 0348-0046
Reporting
BILLING CODES 3410-01 -C; 6450-01-C; 6890-01 ;6025-01-C; 7510-01-C, 35 1 0 -FE -C; 8120-01 -C; 4710-24-C, 6116-01 -C,
County, of Orange Page 3 of 3 City of Seal Beach
OC Community Resources Contract # 18 -23 -0005 -HR