HomeMy WebLinkAboutAGMT - Orange County (Housing Rehabilitation Leisure World Bathroom Accessability Program 2022)DocuSign Envelope ID: 109E877D-EF39-4F68-BABF-9956FOF03003
Certification
ofA
reements
'It
-
D17'r,
1'�0
Date: 04/26/22
To: Clerk of the Board of Supervisors
From: OC Community Resources/OC Hou"band Community Deve]?pment
22-00
Re: ASR Control #:0164 , Meeting Date /22 Agenda Item No. #
I certify that the attached fully executed complete agreement (and all exhibits and/or
attachments referenced within the agreement) is an exact iteration of the agreement(s)
presented to and approved by the Board of Supervisors on the above listed meeting date.
I further certify that I have been authorized to execute said agreement(s) and have
personally executed same.
7i11 R Ingram
Name
City Manager
Title
FDocuSigned by:
(U r ("V'AA
3/21/2022
Signature
Date
DocuSign Envelope ID: 109E877D-EF39-4F68-BABF-9956FOF03003
CONTRACT # 22 -23 -0005 -HR
FOR
HOUSING REHABILITATION
LEISURE WORLD BATHROOM ACCESSABILITY PROGRAM
BETWEEN
COUNTY OF ORANGE
CITY OF SEAL BEACH
PROGRAM/SERVICE TITLE
Community Development Block
Grant (CDBG)/Housing
Rehabilitation, Public Facilities
& Improvements, and/or Public
Services
....................................................................................
FUNDING AGENCY
U.S. Housing & Urban
Development (HUD)
County of Orange Page I of 48 City of Seal Beach
OC Community Resources Contract # 22 -23 -0005 -HR
DocuSign Envelope ID: 109E877D-EF39-4F68-BABF-9956FOF03003
Table of Contents
RECITALS............................................................................................................................... 6
General Terms and Conditions: ........................................................................................... 8
A. Governing Law and Venue: ........................................................................................ 8
B. Entire Contract: ........................................................................................................... 8
C. Amendments: .............................................................................................................. 8
D. Intentionally left blank................................................................................................ 8
E. Delivery: ....................................................................................................................... 8
F. Acceptance Payment: ................................................................................................. 8
G. Intentionally left blank: ............................................................................................... 8
H. Patent/Copyright Materials/Proprietary Infringement: ............................................. 8
I. Assignment: ................................................................................................................ 9
J. Non-Discrimination:....................................................................................................9
K. Termination: ................................................................................................................ 9
L. Consent to Breach Not Waiver: ................................................................................. 9
M. Independent Subrecipient:......................................................................................... 9
N. Performance Warranty: .............................................................................................. 9
O. Insurance Requirements: ......................................................................................... 10
P. Changes: ................................................................................................................... 13
Q. Change of Ownership/Name, Litigation Status, Conflicts with County Interest: 13
R. Force Majeure: .......................................................................................................... 14
S. Confidentiality: .......................................................................................................... 14
T. Compliance with Laws: ............................................................................................ 14
U. Intentionally left blank.............................................................................................. 14
V. Severability: ..............................................................................................................
14
W. Attorney Fees: ...........................................................................................................
14
X. Interpretation: ...........................................................................................................
15
Y. Employee Eligibility Verification: ............................................................................
15
Z. Indemnification: ........................................................................................................
15
AA. Audits/Inspections: ...................................................................................................
15
BB. Contingency of Funds: .............................................................................................
16
CC. Expenditure Limit: ....................................................................................................
16
Additional Terms and Conditions: .....................................................................................
17
1. Scope of Contract: ....................................................................................................
17
2. Term of Contract.......................................................................................................
17
County of Orange Page 2 of 48 City of Seal Beach
OC Community Resources Contract # 22 -23 -0005 -HR
DocuSign Envelope ID: 109E877D-EF39-4F68-BABF-9956FOF03003
3.
Renewal: ....................................................................................................................
17
4.
Maximum Obligation: ...............................................................................................
17
5.
Amendments - Changes/Extra Work: ......................................................................
17
6.
Breach of Contract: ..................................................................................................
17
7.
Conditions Affecting Work: .....................................................................................
18
8.
Civil Rights: ...............................................................................................................
18
9.
Conflict of Interest - Subrecipient's Personnel: ....................................................
18
10.
Conflict of Interest - County Personnel: ................................................................
18
11.
Consulting Contract - Follow -On Work: .................................................................
18
12.
Project Manager, County: ........................................................................................
18
13.
Subrecipient's Project Manager and Key Personnel: ............................................
19
14.
Subrecipient Personnel - Reference Checks: ........................................................
19
15.
Data - Title To...........................................................................................................
19
16.
Licenses....................................................................................................................
19
17.
Disputes - Contract: .................................................................................................
20
18.
EDD Independent Subrecipient Reporting Requirements: ...................................
20
19.
Emergency/Declared Disaster Requirements: .......................................................
21
20.
Errors and Omissions: .............................................................................................
21
21.
Non -Supplantation of Funds: ..................................................................................
22
22.
Satisfactory Work.....................................................................................................
22
23.
Access and Records: ...............................................................................................
22
24.
Signature in Counterparts........................................................................................
23
25.
Reports/Meetings......................................................................................................23
26.
Subcontracting: ........................................................................................................
23
27.
Equal Employment Opportunity: .............................................................................
23
28.
Gratuities...................................................................................................................
24
29.
News/Information Release: ......................................................................................
24
30.
Notices.......................................................................................................................24
31.
Ownership of Documents........................................................................................
25
32.
Precedence: ..............................................................................................................
25
33.
Termination - Orderly: .............................................................................................
25
34.
County Branding Requirements - Publicity, Literature, Advertisement and Social
Media: .....................................................................................................................
25
Program Specific Terms and Conditions: .........................................................................
27
35.
Debarment: ................................................................................................................
27
36.
Lobbying: ..................................................................................................................
27
County
of Orange Page 3 of 48 City of Seal Beach
OC Community Resources Contract # 22 -23 -0005 -HR
DocuSign Envelope ID: 109E877D-EF39-4F68-BABF-9956FOF03003
37.
Fraud: .........................................................................................................................
27
38.
Fiscal Accountability: ...............................................................................................
27
39.
Performance Standards: ..........................................................................................
28
40.
Budget Schedule: . ....................................................................................................
28
41.
Payment Requirements: ...........................................................................................
28
42.
Modification of Budget: ............................................................................................
30
43.
Annual Audit: ..........................................................................................................
30
44.
D -U -N -S Number and Related Information: ............................................................
31
45.
Program Income: ......................................................................................................
31
46.
Performance: .............................................................................................................
32
47.
Performance Monitoring: .........................................................................................
33
48.
Federal Administrative and Related Requirements: ..............................................
34
49.
Definitions: .................................................................................................................
45
SignaturePage....................................................................................................................
48
County of Orange Page 4 of 48 City of Seal Beach
OC Community Resources Contract # 22 -23 -0005 -HR
DocuSign Envelope ID: 109E877D-EF39-4F68-BABF-9956FOF03003
ATTACHMENTS
Attachment A - Scope of Services
Attachment B - Payment/Compensation
Attachment C - Budget Schedule
Attachment D - Staffing Plan
Attachment E - Performance Standards
Exhibit 1— OC Community Resources Contract Reimbursement Policy
Exhibit 2 — Drug Free Workplace Certification
Exhibit 3 — Debarment and Suspension Certificate
Exhibit 4 — Disclosure Form to Report Lobbying
Exhibit 5 - Lobbying Certification
County of Orange Page 5 of 48 City of Seal Beach
OC Community Resources Contract # 22 -23 -0005 -HR
DocuSign Envelope ID: 109E877D-EF39-4F68-BABF-9956FOF03003
Contract # 22 -23 -0005 -HR
with
City of Seal Beach
for
Housing Rehabilitation
This Contract # 22 -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, D -U -N -S # 060752607, a California Municipality, with a place of
business at 211 Eighth Street, Seal Beach, CA 90740 (hereinafter referred to as
"Subrecipient"), with County and Subrecipient sometimes referred to as "party" or collectively
as "parties".
ATTACHMENTS
This Contract is comprised of this document 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 to the County as
further set forth here; and
WHEREAS, Subrecipient agrees to provide Housing Rehabilitation to the County as
further set forth in the Scope of Service, attached hereto as Attachment A; and
WHEREAS, County agrees to pay Subrecipient based on the schedule of fees 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
County of Orange Page 6 of 48 City of Seal Beach
OC Community Resources Contract # 22 -23 -0005 -HR
DocuSign Envelope ID: 109E877D-EF39-4F68-BABF-9956FOF03003
WHEREAS, Subrecipient agrees to meet the Performance Standards requirements
set forth in attached hereto as Attachment E; and
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 2022-23;
NOW, THEREFORE, the Parties mutually agree as follows:
County of Orange Page 7 of 48 City of Seal Beach
OC Community Resources Contract # 22 -23 -0005 -HR
DocuSign Envelope ID: 109E877D-EF39-4F68-BABF-9956FOF03003
ARTI('_1 FG
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
County of Orange Page 8 of 48 City of Seal Beach
OC Community Resources Contract # 22 -23 -0005 -HR
DocuSign Envelope ID: 109E877D-EF39-4F68-BABF-9956FOF03003
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 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 terms, 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
County of Orange Page 9 of 48 City of Seal Beach
OC Community Resources Contract # 22 -23 -0005 -HR
DocuSign Envelope ID: 109E877D-EF39-4F68-BABF-9956FOF03003
furnished 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.
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.
County of Orange Page 10 of 48 City of Seal Beach
OC Community Resources Contract # 22 -23 -0005 -HR
DocuSign Envelope ID: 109E877D-EF39-4F68-BABF-9956FOF03003
If the Subrecipient fails to maintain insurance acceptable to the County for the full term
of this Contract, the County may terminate this Contract.
Qualified 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).
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
Network Security & Privacy
Liability
Professional Liability
Sexual Misconduct
Employee Dishonesty
Minimum Limits
$1,000,000 per occurrence
$2,000,000 aggregate
$1,000,000 per occurrence
Statutory
$1,000,000 per occurrence
$1,000,000 per claims -made
$1,000,000 per claims -made
$1,000,000 aggregate
$1,000,000 per occurrence
$100,000 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.
County of Orange Page 11 of 48 City of Seal Beach
OC Community Resources Contract # 22 -23 -0005 -HR
DocuSign Envelope ID: 109E877D-EF39-4F68-BABF-9956FOF03003
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 Network Security and Privacy Liability policy shall contain the following
endorsements which shall accompany the Certificate of Insurance:
1) An Additional Insured endorsement naming the County of Orange, its elected
and appointed officials, officers, agents and employees as Additional
Insureds for its vicarious liability.
2) A primary and non-contributing endorsement 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, 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.
The County of Orange shall be the loss payee on the Employee Dishonesty coverage.
A Loss Payee endorsement evidencing that the County of Orange is a Loss Payee shall
accompany the Certificate of Insurance.
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.
County of Orange Page 12 of 48 City of Seal Beach
OC Community Resources Contract # 22 -23 -0005 -HR
DocuSign Envelope ID: 109E877D-EF39-4F68-BABF-9956FOF03003
If Subrecipient's Professional Liability and Network Security & Privacy Liability are
"Claims -Made" policy(ies), Subrecipient shall agree to maintain coverage for two (2)
years following the completion of the 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/Name, Litigation Status, Conflicts with County Interest:
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
instruments of transfer to assume Subrecipient's duties and obligations contained in this
Contract and complete them to the satisfaction of the County.
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.
In addition, Contractor has the duty to notify the County in writing of any change in the
Contractor's status with respect to name changes that do not require an assignment of
the Contract. The Contractor is also obligated to notify the County in writing if the
Contractor becomes a party to any litigation against the County, or a party to litigation
that may reasonably affect the Contractor's performance under the Contract, as well as
County of Orange Page 13 of 48 City of Seal Beach
OC Community Resources Contract # 22 -23 -0005 -HR
DocuSign Envelope ID: 109E877D-EF39-4F68-BABF-9956FOF03003
any potential conflicts of interest between Contractor and County that may arise prior to
or during the period of Contract performance. While Contractor will be required to
provide this information without prompting from the County any time there is a change
in Contractor's name, conflict of interest or litigation status, Contractor must also provide
an update to the County of its status in these areas whenever requested by the County.
The Contractor shall exercise reasonable care and diligence to prevent any actions or
conditions that could result in a conflict with County interests. In addition to the
Contractor, this obligation shall apply to the Contractor's employees, agents, and
subcontractors associated with the provision of goods and services provided under this
Contract. The Contractor's efforts shall include, but not be limited to establishing rules
and procedures preventing 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 in the
performance of their duties.
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 "Z" below, Subrecipient agrees that it shall defend, indemnify and hold
County and County Indemnitees (defined below) 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.
County of Orange Page 14 of 48 City of Seal Beach
OC Community Resources Contract # 22 -23 -0005 -HR
DocuSign Envelope ID: 109E877D-EF39-4F68-BABF-9956FOF03003
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 party 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 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, 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
County of Orange Page 15 of 48 City of Seal Beach
OC Community Resources Contract # 22 -23 -0005 -HR
DocuSign Envelope ID: 109E877D-EF39-4F68-BABF-9956FOF03003
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 three
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 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 State budget approval; receipt of
funds from, and/or obligation of funds by, the State of California to County; receipt of
funds from the Department of Housing and Urban Development ("HUD"), and inclusion
of sufficient funding for the services hereunder in the budget approved by County's
Board of Supervisors for each fiscal year covered by this Contract. If such approval,
funding or appropriations are not forthcoming, or are otherwise limited, County may
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 work 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.
County of Orange Page 16 of 48 City of Seal Beach
OC Community Resources Contract # 22 -23 -0005 -HR
DocuSign Envelope ID: 109E877D-EF39-4F68-BABF-9956FOF03003
Additional Terms and Conditions:
Scope of Contract: This Contract specifies the contractual terms and conditions by
which the County will procure Housing Rehabilitation 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, 2022 and continue
through June 30, 2023, unless otherwise terminated by the County.
3. Renewal: This Contract may not be renewed.
4. Maximum Obligation:
The total Maximum Obligation of County to the Subrecipient for the cost of services
provided in accordance with this Contract is $ 200,000, with individual Maximum
Obligation budgets for each Fiscal Year 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 Page 17 of 48 City of Seal Beach
OC Community Resources Contract # 22 -23 -0005 -HR
DocuSign Envelope ID: 109E877D-EF39-4F68-BABF-9956FOF03003
Offset against any monies billed by the Subrecipient but yet unpaid by the County those
monies disallowed pursuant to the above.
7. 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.
County of Orange Page 18 of 48 City of Seal Beach
OC Community Resources Contract # 22 -23 -0005 -HR
DocuSign Envelope ID: 109E877D-EF39-4F68-BABF-9956FOF03003
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 Subrecipient shall accomplish the removal
within three (3) business days after written notice from the County's Project Manager.
The County's Project Manager shall review and approve the appointment of the
replacement for the Subrecipient's Project Manager and key personnel. Said approval
shall not be unreasonably withheld. 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. The County's Project Manager shall
have the right to require the removal and replacement of the Subrecipient's Project
Manager from providing services to the County under this Contract. The County's
Project Manager shall notify the Subrecipient in writing of such action. The Subrecipient
shall accomplish the removal within five (5) business days after written notice by the
County's Project Manager. The County's Project Manager shall review and approve the
appointment of the replacement for the Subrecipient's Project Manager. The County is
not required to provide any additional information, reason or rationale in the event it 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.
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.
Subrecipient's employees assigned to this project must meet character standards as
demonstrated by background investigation and reference checks, coordinated by the
agency/department issuing this Contract.
15. 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.
16. 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
County of Orange Page 19 of 48 City of Seal Beach
OC Community Resources Contract # 22 -23 -0005 -HR
DocuSign Envelope ID: 109E877D-EF39-4F68-BABF-9956FOF03003
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.
17. 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:
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.
18. 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.
County of Orange Page 20 of 48 City of Seal Beach
OC Community Resources Contract # 22 -23 -0005 -HR
DocuSign Envelope ID: 109E877D-EF39-4F68-BABF-9956FOF03003
The term "service provider" is defined in California Unemployment Insurance Code
Section 1088.8, Subparagraph B.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.�ov6Employer Services.hfim
19. 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.
20. 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.
County of Orange Page 21 of 48 City of Seal Beach
OC Community Resources Contract # 22 -23 -0005 -HR
DocuSign Envelope ID: 109E877D-EF39-4F68-BABF-9956FOF03003
21. 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.
22. 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.
23. 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 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.
County of Orange Page 22 of 48 City of Seal Beach
OC Community Resources Contract # 22 -23 -0005 -HR
DocuSign Envelope ID: 109E877D-EF39-4F68-BABF-9956FOF03003
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.
24. 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.
25. 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.
26. 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.
27. 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
County of Orange Page 23 of 48 City of Seal Beach
OC Community Resources Contract # 22 -23 -0005 -HR
DocuSign Envelope ID: 109E877D-EF39-4F68-BABF-9956FOF03003
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.
28. 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 borne
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.
29. 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 through the County's Project Manager.
30. 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, postage
prepaid, whichever occurs first. The date of mailing shall count as the first 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 OC Community Resources
Housing and Community Development Contract Development and Management
Project Manager Contract Administrator
1501 East St. Andrew Place, 1St Floor 601 N. Ross St., 6t" Floor
Santa Ana, CA 92705-4930 Santa Ana, CA 92701
County of Orange Page 24 of 48 City of Seal Beach
OC Community Resources Contract # 22 -23 -0005 -HR
DocuSign Envelope ID: 109E877D-EF39-4F68-BABF-9956FOF03003
For Subrecipient:
City of Seal Beach
211 Eighth Street,
Seal Beach, CA 90740
Attn: Project Manager
31.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 furnished materials shall
be used by the Subrecipient without the express written consent of the County.
32. Precedence: The Contract documents consist of this Contract and its exhibits and
attachments. 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 exhibits and
attachments.
33. 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 party all papers, materials, and other properties of the other held by each for
purposes of performance of the Contract.
34. County Branding Requirements — Publicity, Literature, Advertisement and Social
Media:
A. County owns all rights to the name, logos, and symbols of County. The use
and/or reproduction of County's name, logos, or symbols for any purpose,
including commercial advertisement, promotional purposes, announcements,
displays, or press releases, without County's prior written consent is expressly
prohibited.
B. Contractor may develop and publish information related to this Contract where
all of the following conditions are satisfied:
1. Contract Administrator/assigned Deputy Purchasing Agent provides its
written approval of the content and publication of the information at
least 30 days prior to Contractor publishing the information, unless a
County of Orange Page 25 of 48 City of Seal Beach
OC Community Resources Contract # 22 -23 -0005 -HR
DocuSign Envelope ID: 109E877D-EF39-4F68-BABF-9956FOF03003
different timeframe for approval is agreed upon by the Contract
Administrator/assigned Deputy Purchasing Agent;
2. Unless directed otherwise by Contract Administrator/assigned Deputy
Purchasing Agent, the information includes a statement that the
program, wholly or in part, is funded through County, State and Federal
government funds [funds identified as applicable];
3. The information does not give the appearance that the County, its
officers, employees, or agencies endorse:
a. any commercial product or service; and,
b. any product or service provided by Contractor, unless
approved in writing by Contract Administrator/assigned Deputy
Purchasing Agent; and,
4. If Contractor uses social media (such as Facebook, Twitter, YouTube
or other publicly available social media sites) to publish information
related to this Contract, Contractor shall develop social media policies
and procedures and have them available to the Contract
Administrator/assigned Deputy Purchasing Agent. Contractor shall
comply with County Social Media Use Policy and Procedures as they
pertain to any social media developed in support of the services
described within this Contract. The policy is available on the Internet
at http://www.ocgov.com/gov/ceo/cio/govpolicies.
THE REMAINDER OF THE PAGE WAS INTENTIONALLY LEFT BLANK
County of Orange Page 26 of 48 City of Seal Beach
OC Community Resources Contract # 22 -23 -0005 -HR
DocuSign Envelope ID: 109E877D-EF39-4F68-BABF-9956FOF03003
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 4 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/risk/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 the line items as identified in Attachment C to this
Contract;
ii. Source documentation to support accounting records; and
iii. Proper charging of costs and cost allocation.
B. Subrecipient's Record: Subrecipient's records shall be sufficient to:
i. Permit preparation of required reports;
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;
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; and
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 Page 27 of 48 City of Seal Beach
OC Community Resources Contract # 22 -23 -0005 -HR
DocuSign Envelope ID: 109E877D-EF39-4F68-BABF-9956FOF03003
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 state or 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-Payment/Compensation 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, 2021,
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 Grantee
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
County of Orange Page 28 of 48 City of Seal Beach
OC Community Resources Contract # 22 -23 -0005 -HR
DocuSign Envelope ID: 109E877D-EF39-4F68-BABF-9956FOF03003
explanation as to why no invoices were being processed, shall be required
in lieu of a request for reimbursement.
3. The following "Required Expenditure Threshold" criteria have been
established to guide the Subrecipient in structuring and scheduling their
expenditure of funds received through this 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 Reauired Exaenditure Threshold
February 15, 2023 50% of Contracted Amount Expended
March 15, 2023 70% of Contracted Amount Expended
April 15, 2023 80% of Contracted Amount Expended
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
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, 2022. The Project shall be completed, and
all funds provided through this Contract shall be expended on eligible Project
activities through and including June 30, 2023.
a. Housing Rehabilitation Contracts and Public Facilities & Improvements
Contracts.
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 42. C.3.
If additional funding is available for allocation to Subrecipient, and the
basic goals and objectives of the program are not altered, Subrecipient
County of Orange Page 29 of 48 City of Seal Beach
OC Community Resources Contract # 22 -23 -0005 -HR
DocuSign Envelope ID: 109E877D-EF39-4F68-BABF-9956FOF03003
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 47.0 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, the term of the Contract, 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, 2023, to request an extension. For all 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, 2021 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
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, Subrecipient 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 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 ("GAAS") authorized by the AICPA and Federal laws and
regulations governing the programs in which it participates.
Furthermore, County retains the right 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
County of Orange Page 30 of 48 City of Seal Beach
OC Community Resources Contract # 22 -23 -0005 -HR
DocuSign Envelope ID: 109E877D-EF39-4F68-BABF-9956FOF03003
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 Contract become public records and
are subject to public inspection pursuant to the California Public Records Act (Section
6250 et seq. of the California Government).
44. D -U -N -S Number and Related Information: D -U -N -S 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 D -U -N -S 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.gov
The D -U -N -S Number must be provided to County prior to the execution of this Contract.
Subrecipient shall ensure all D -U -N -S information is up to date and the D -U -N -S 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 D -U -N -S number, the
Subrecipient must immediately update the information as required.
If County cannot access the Subrecipient's D -U -N -S information related to this federal
sub award on the Federal Funding Accounting and Transparency Act Sub Award
Reporting System (SAM.GOV) due to errors in the Subrecipient's data entry for its D -U-
N -S number, the Subrecipient must immediately update the information as required.
The County reserves the right to verify and validate any information prior to contract
award and during the entire term of the Contract.
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.
County of Orange Page 31 of 48 City of Seal Beach
OC Community Resources Contract # 22 -23 -0005 -HR
DocuSign Envelope ID: 109E877D-EF39-4F68-BABF-9956FOF03003
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 this Contract 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 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.
D. Subrecipient shall complete and submit a Year End GPR Information Form by
August 14, 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 Paragraph 2 "Term
County of Orange Page 32 of 48 City of Seal Beach
OC Community Resources Contract # 22 -23 -0005 -HR
DocuSign Envelope ID: 109E877D-EF39-4F68-BABF-9956FOF03003
of Contract," 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. Subrecipient shall complete and submit a Mid -Year
and Year End GPR Information Form at the time of the completion, cancellation
or termination.
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 project related accomplishments as set forth in Attachment
A - Scope of Services, for the subject quarter. If at any time during the term of
this Contract Subrecipient has no activity occuring 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.
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 47.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.
County of Orange Page 33 of 48 City of Seal Beach
OC Community Resources Contract # 22 -23 -0005 -HR
DocuSign Envelope ID: 109E877D-EF39-4F68-BABF-9956FOF03003
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.
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. 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:
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
Subrecipient shall maintain all records required by the Federal regulations
specified in 24 CFR 570.506 that are pertinent to the activities to be funded
under this Contract. Such records shall include, but not be limited to:
County of Orange Page 34 of 48 City of Seal Beach
OC Community Resources Contract # 22 -23 -0005 -HR
DocuSign Envelope ID: 109E877D-EF39-4F68-BABF-9956FOF03003
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; and
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.
3. 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 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
County of Orange Page 35 of 48 City of Seal Beach
OC Community Resources Contract # 22 -23 -0005 -HR
DocuSign Envelope ID: 109E877D-EF39-4F68-BABF-9956FOF03003
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 49,
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
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.
3. 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 Page 36 of 48 City of Seal Beach
OC Community Resources Contract # 22 -23 -0005 -HR
DocuSign Envelope ID: 109E877D-EF39-4F68-BABF-9956FOF03003
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
County of Orange Page 37 of 48 City of Seal Beach
OC Community Resources Contract # 22 -23 -0005 -HR
DocuSign Envelope ID: 109E877D-EF39-4F68-BABF-9956FOF03003
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 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
County of Orange Page 38 of 48 City of Seal Beach
OC Community Resources Contract # 22 -23 -0005 -HR
DocuSign Envelope ID: 109E877D-EF39-4F68-BABF-9956FOF03003
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.goyNVP.asp or by contacting your local Division
of Labor Standards Enforcement office.
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
County of Orange Page 39 of 48 City of Seal Beach
OC Community Resources Contract # 22 -23 -0005 -HR
DocuSign Envelope ID: 109E877D-EF39-4F68-BABF-9956FOF03003
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
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 one hundred dollars ($100) 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
County of Orange Page 40 of 48 City of Seal Beach
OC Community Resources Contract # 22 -23 -0005 -HR
DocuSign Envelope ID: 109E877D-EF39-4F68-BABF-9956FOF03003
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 1701 u. Failure to fulfill
these requirements shall subject Subrecipient and any sub-Subrecipients,
their successors and assigns, to 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:
a. 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 USC §1701u) ("Section 3"). The
purpose of Section 3 is to ensure that employment and other
economic opportunities generated by HUD assistance or HUD -
assisted developments covered by Section 3 shall, to the greatest
extent feasible, be directed to low- and very low-income persons,
including persons who are recipients of HUD assistance for
housing, with a preference for both targeted workers living in the
service area or neighborhood of the Development and YouthBuild
participants, as defined at 24 CFR Part 75 ("Section 3
Regulations").
b. The Parties agree to comply with HUD's Regulations in 24 CFR,
Part 75 which implement Section 3. As evidenced by their execution
of this Contract, the Parties certify that they are under no
contractual or other impediments that would prevent them from
complying with the Section 3 Regulations.
C. The Sub -recipient, contractor, and subcontractor agrees to send to
each labor organization or representative of workers with which the
Sub -recipient, contractor, and subcontractor has a collective
bargaining agreement or other understanding, if any, a notice
advising the labor organization or workers' representative of the
Sub -recipient, contractor, and subcontractor's commitments under
this section of the Contract and will post copies of the notice in
conspicuous places at the worksite where both employees and
applicants for training and employment positions can see the
notice. The notice shall describe the Section 3 preference and shall
set forth the following: (i) minimum number and job titles subject to
County of Orange Page 41 of 48 City of Seal Beach
OC Community Resources Contract # 22 -23 -0005 -HR
DocuSign Envelope ID: 109E877D-EF39-4F68-BABF-9956FOF03003
hire, (ii) availability of apprenticeship and training positions, (iii)
qualifications for each, (iv) name and location of the person(s)
taking applications for each of the positions, and (v) the anticipated
date the work shall begin.
d. The Sub -recipient, contractor, and subcontractor agrees to include
this Section 3 clause in every subcontract subject to compliance
with regulations in Section 3 Regulations and agrees to take
appropriate action, as provided in an applicable provision of the
subcontractor in this Section 3 clause, upon a finding that the
subcontractor violates the regulations in Section 3 Regulations.
The Sub -recipient, contractor, and subcontractor will not
subcontract with any subcontractor where the Sub -recipient,
contractor, and subcontractor has notice or knowledge that the
subcontractor has been found in violation of the regulations 24 CFR
part 75.
e. The Sub -recipient, contractor, and subcontractor will certify that
any vacant employment positions, including training positions, that
are filled (1) after a contractor is selected but before the Contract
is executed, and (2) with persons other than those to whom the
regulations of 24 CFR part 75 require employment opportunities to
be directed, were not filled to circumvent the Sub -recipient,
contractor, and subcontractor's obligations under 24 CFR part 75
f. Noncompliance with HUD's regulations in 24 CFR part 75 may
result in sanctions, termination of this Contract for default, and
debarment or suspension from future HUD assisted contracts.
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.
County of Orange Page 42 of 48 City of Seal Beach
OC Community Resources Contract # 22 -23 -0005 -HR
DocuSign Envelope ID: 109E877D-EF39-4F68-BABF-9956FOF03003
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 (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 1 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,
County of Orange
Page 43 of 48 City of Seal Beach
OC Community Resources
Contract # 22 -23 -0005 -HR
DocuSign Envelope ID: 109E877D-EF39-4F68-BABF-9956FOF03003
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 this Paragraph 49.
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 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 570. Under section 808(e)(5) of the Fair Housing Act,
County of Orange Page 44 of 48 City of Seal Beach
OC Community Resources Contract # 22 -23 -0005 -HR
DocuSign Envelope ID: 109E877D-EF39-4F68-BABF-9956FOF03003
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.
I. 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.
49. Definitions:
For the purposes of this Contract the following definitions shall apply:
A. OC Community Resources (OCCR): Designated as the Lead for the development
and implementation of County of Orange Urban County Program's Consolidated
Plan.
B. Director: Director of OC Community Resources, or designee.
C. Grantee Performance Report (GPR) Information Form: A Program activity data
document provided by County to Subrecipient used to monitor, track and report
the performance of Subrecipient.
D. 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.)
E. Project: Any site or sites, including buildings, and/or activities assisted with
federal program funds.
County of Orange Page 45 of 48 City of Seal Beach
OC Community Resources Contract # 22 -23 -0005 -HR
DocuSign Envelope ID: 109E877D-EF39-4F68-BABF-9956FOF03003
F. OMB: Federal Office of Management and Budget.
G. CAPER: Consolidated Annual Performance and Evaluation Report. An annual
published report to HUD and the public on all housing -related activities.
H. 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.
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.
J. 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)
K. 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.
L. Substantial Amendment: The following criteria will be used by the County — if
any one criteria applies, a substantial amendment will be required:
L A new activity not previously listed and described in the
Consolidated Plan/Annual Action Plan;
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.
M. 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.
County of Orange Page 46 of 48 City of Seal Beach
OC Community Resources Contract # 22 -23 -0005 -HR
DocuSign Envelope ID: 109E877D-EF39-4F68-BABF-9956FOF03003
N. 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 Page 47 of 48 City of Seal Beach
OC Community Resources Contract # 22 -23 -0005 -HR
DocuSign Envelope ID: 109E877D-EF39-4F68-BABF-9956FOF03003
Signature Page
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
ocuSigned by:
By: Diu
�F lv fm
Name: 7i11 R Ingram
Title: City Manager
Dated: 3/21/2022
IZFMa-
Title:
ia -
Title:
*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
DocuSigned by:
Ds
By: JpZ Nwa Dated: 5/10/2022
Dylan Wright, Director
OC Community Resources
APPROVED AS TO FORM
DEPUTY COUNTY COUNSEL
L�bLll'
ocuSigned by:
By: awt'WJ Dated:
Deputy County Counsel
County of Orange Page 48 of 48
OC Community Resources
3/21/2022
City of Seal Beach
Contract # 22 -23 -0005 -HR
DocuSign Envelope ID: 109E877D-EF39-4F68-BABF-9956FOF03003
SCOPE OF SERVICES
HOUSING REHABILITATION
1. Scope of Services
ATTACHMENT A
A. HUD Matrix Code / Activity:
14 A Rehabilitation: Single -Unit Residential / Subrecipient activities as described
in the Contract and the Scope of Services shall comply with the definition and
requirements set forth in 24 CFR 570.202(a) (1)
B. Project Title:
Leisure World Bathroom Accessibility Program
C. Program Description:
The Subrecipient shall use CDBG funds received under this Contract to continue
its Leisure World Bathroom Accessibility Program ("Program").
The Program will assist between 55 to 80 frail and/or disabled seniors within the
Leisure World retirement community in the City of Seal Beach. Subrecipients shall
significantly improve bathroom accessibility and safety by "cutting -down" the tub
walls and converting the tub/shower into an accessible "shower -only."
Subrecipient shall improve accessibility to the bathroom facilities for these seniors,
as well as reduce the likelihood of them falling in the bathroom and shall follow the
requirements set forth in Attachments C and E. In addition, Subrecipient shall
provide grab bars, and high -boy toilets that are compliant with American with
Disabilities Act (ADA). 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 Subrecipient will pay
for all administration costs and the CDBG funds received under this Contract will
be used for the bathroom improvements. For the past 16 years, CDBG funding for
County of Orange Page 1 of 3 City of Seat Beach
OC Community Resources Contract # 22 -23 -0005 -HR
DocuSign Envelope ID: 109E877D-EF39-4F68-BABF-9956FOF03003
ATTACHMENT A
this program has assisted over 1,260 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 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 Subrecipient'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
Subrecipient'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 Subrecipient'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 Outputs
1. Project to Bid Contractor starts project
2. Construction 55-80 bathrooms made accessible
3. Inspection, Sign -Off & Verified
Completion
County of Orange Page 2 of 3
OC Community Resources
55-80 bathrooms made accessible
City of Seat Beach
Contract # 22 -23 -0005 -HR
DocuSign Envelope ID: 109E877D-EF39-4F68-BABF-9956FOF03003
Performance Objectives
1. Creating Economic Opportunities
2. Suitable Living Environment
3. Suitable Living Environment
CDBG National Objective LMH 570.208(a)(3)
Outcomes
55-80 Housing Units
Federal Award Identification
ATTACHMENT A
Performance Outcomes
Availability/Accessibility
Availability/Accessibility
Availability/Accessibility
A. Subrecipient Name: City of Seal :Beach
B. Subrecipient's Unique Identifier (DUNS): 060752607
C. Federal Award Identification Number (FAIN): 1.4.218
D. Federal Award Date: TBA
E. Subaward Period of Performance: FY 2022-23
F. Total Amount of Federal Funds Obligated by the Action: $200,000.00
CFDA
FAIN
Award Date
Formula Funds
Amount
TOTAL:
$
G. Total Amount of Federal Funds Obligated to the Subrecipient: $200,000.00
H. Total Amount of the Federal Award: $3,515,527
1. Federal Award Project Description: Leisure World Bathroom Accessibility Program
J. Federal Awarding Agency: HUD
K. Name of PTE: Orange County
L. Contact Information for the Awarding Official: Julia Bidwell Director
(71.4) 480-2991 Julia. B idwellL& occr. ocgov. com
M. CFDA Number and Name: 14.218
N. Whether Award is R&D: N/A
O. Indirect Cost Rate for the Federal Award: N/A
County of Orange Page 3 of 3 City of Seal Beach
OC Community Resources Contract # 22 -23 -0005 -HR
DocuSign Envelope ID: 109E877D-EF39-4F68-BABF-9956FOF03003
PAYMENT/COMPENSATION
PUBLIC SERVICES
1. COMPENSATION:
ATTACHMENT B
This is a Contract between the County and the Subrecipient for $200,000 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, 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 of Orange Page 1 of 2 City of Seal Beach
OC Community Resources Contract # 22 -23 -0005 -HR
DocuSign Envelope ID: 109E877D-EF39-4F68-BABF-9956FOF03003
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 Accounting
601 N Ross St, 6t" Floor, Santa Ana, CA 92701
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 Subrecipient will provide an invoice on Subrecipient'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).
4. 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 # 22 -23 -0005 -HR
DocuSign Envelope ID: 109E877D-EF39-4F68-BABF-9956FOF03003
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 Accessibilit 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
$165,000
0 $165,000
Program Administration
35,000
$34,000 1 $69,000
Total Project Cost
$200,0007$$34,000
1 $234,000
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 Subrecipient'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, fiberglass seats are built where needed, 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,
(CDBG funds) awarded under this Contract shall be used for this bathroom
accessibility rehabilitation and program delivery costs.
County of Orange Page 9 of 1 City of Seal Beach
OC Community Resources Contract # 22 -23 -0005 -HR
DocuSign Envelope ID: 109E877D-EF39-4F68-BABF-9956FOF03003
ATTACHMENT D
STAFFING PLAN
HOUSING REHABILITATION
Staffing Plan
Project Title: Leisure World Bathroom Accessibility Program
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
required. The specific individuals will be assigned based on the
service/class required. Assignment of additional key personne
County approval.
as their services are
need and time of the
I shall be subject to
County of Orange Page 1 of 1 City of Seal Beach
OC Community Resources Contract # 22 -23 -0005 -HR
Classification/Title
1
Project Manager:
Community Development Interim
Director
2
CivicStone, Inc. Sub -Contractor
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
required. The specific individuals will be assigned based on the
service/class required. Assignment of additional key personne
County approval.
as their services are
need and time of the
I shall be subject to
County of Orange Page 1 of 1 City of Seal Beach
OC Community Resources Contract # 22 -23 -0005 -HR
DocuSign Envelope ID: 109E877D-EF39-4F68-BABF-9956FOF03003
ATTACHMENT E
PERFORMANCE STANDARDS
HOUSING REHABILITATION
1. Performance Standards
July 1, 2022 — Contract Start Date
2. Tools to Measure Project's Effect — Leisure World Bathroom Accessibility Program
3. Subrecipient is required to provide Services identified in this Contract to applicants who
apply to receive these Services. Each applicant, who shall be a resident of Leisure World,
is required to have a doctor verify that the requested and proposed work to his or her
bathroom is needed due to the applicant's range of motion or mobility problems, pain or
movement and/or loss of balance problems. In this manner, Subrecipient shall make sure
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.
County of Orange Page 1 of 2 City of Seal Beach
OC Community Resources Contract # 22 -23 -0005 -HR
Minimum Required
Milestone Date
Expenditure/
Accomplishment Threshold
Activity Results Achieved
February 15th
50% of Contracted Amount
Expended
$100,000.00
February 15th
50% of Proposed
33 Housing Units
Accomplishments Achieved
March 15th
70% of Contracted Amount
Expended
$140,000.00
March 15th
70% of Proposed
46 Housing Units
Accomplishments Achieved
April 15th
80% of Contracted Amount
Expended
$160,000.00
April 15th
80% of Proposed
52 Housing Units
Accomplishments Achieved
3. Subrecipient is required to provide Services identified in this Contract to applicants who
apply to receive these Services. Each applicant, who shall be a resident of Leisure World,
is required to have a doctor verify that the requested and proposed work to his or her
bathroom is needed due to the applicant's range of motion or mobility problems, pain or
movement and/or loss of balance problems. In this manner, Subrecipient shall make sure
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.
County of Orange Page 1 of 2 City of Seal Beach
OC Community Resources Contract # 22 -23 -0005 -HR
DocuSign Envelope ID: 109E877D-EF39-4F68-BABF-9956FOF03003
ATTACHMENT E
Comprehensive computer tracking, on-site inspections, photos, meetings with home
owners and reports measure each stage of the program for each applicant to 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 # 22 -23 -0005 -HR
DocuSign Envelope ID: 109E877D-EF39-4F68-BABF-9956FOF03003
C
Subject: OC Community Resources Effective: July 1, 2010
Contract Reimbursement Policy Revised: January 17, 2020
PURPOSE:
This policy contains updated fiscal documentation requirements for contract reimbursement for
OC Community Services and OC Housing & Community Development. The procedures provide
instructions for submitting reimbursement demand letter or invoice.
REFERENCES:
Executed County 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 OC Housing &
Community Development Contracts only.
2 CFR Part 200 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 OC Housing & Community Development's
reimbursement policy for the services described and is not intended to address every aspect of a
reimbursement situation. Accordingly, OC Community Services and OC Housing & Community
Development 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 OC Housing & Community
Development 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
DocuSign Envelope ID: 109E877D-EF39-4F68-BABF-9956FOF03003
requires matching contribution, documentation substantiating contribution match must be
submitted with demand letter or invoice.
At any time, 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):
"By signing this report, I certify to the best of my knowledge and belief that the
report is true, complete, and accurate, and the expenditures, disbursements and
cash receipts are for the purposes and objectives set forth in the terms and
conditions of the Federal award. I am aware that any false, fictitious, or fraudulent
information, or the omission of any material fact, may subject me to criminal, civil
or administrative penalties for fraud, false statements, false claims or otherwise.
(U.S. Code Title 18, Section 1001 and Title 31 Sections 3729-3730 and3801-3812)"
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
601 N. Ross St., 6th Floor
Santa Ana, CA 92701
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: 109E877D-EF39-4F68-BABF-9956FOF03003
Reimbursement Policy Status Form
Per OC Community Resources Contract Reimbursement Policy, in regards to the Contract #
listed herein, Contractor is designated with the Documentation Status of Abbreviated unless
Comprehensive is checked below. If the contractor's designation should change to
Abbreviated, a new status form shall be approved. All related documentation requirements
are in full force, until further notice.
Contractor: City of Seal Beach
Effective Date: July 1, 2022
Contract M 22 -23 -0005 -HR
Documentation Status: ® Abbreviated ❑ Comprehensive
Program Authorization by: Auditor Controller Authorization by:
Print Name: J ' °I LeLt
Print Name: Er' AMWAY:
�u� is �Signed by. SF�FR�Signed by:
Date: 5/10/2022
Two signatures are required to implement the form.
nictrihi itinn-
Contractor
Auditor Controller
Contract File
Program File
Reimbursement Policy Status (RPS -1)
Date: 5/10/2022
DocuSign Envelope ID: 109E877D-EF39-4F68-BABF-9956FOF03003
i
Certification r U.S. Department of Housing
and Urban Development
Dr - r C
City of Seal Beach Contract # 22 -23 -0005 -HR
Applicant Name
CDBG — Public Facilities and Improvements. Housing Rehabilitation. Public Services
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 IIousing and Urban Development (I1UD) 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 drug-free awareness program to
inform employees ---
(I) The dangers of drug abuse in the workplace;
(2) The Applicant's policy of maintaining a drug-free
workplace;
(3) Any available drug 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 ---
(1) 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, inelud- 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 ---
(1) 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 drug-
free workplace through implementation of paragraphs a, thru 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 naive and address and the program/activity receiving grant funding.)
Check here "if 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 true 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 Title
City Manager
dill R Ingram
3/21/2022
form HUD -50070 (3/98)
ref. Handbooks 7417.1 , 747513, 7485.1 & .3
DocuSign Envelope ID: 109E877D-EF39-4F68-BABF-9956FOF03003
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 oragency.
(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.
7i11 R Ingram
Name
City Manager
Title DocuSigned by:
,(t r ( Amt 3/21/2022
Author) d4Stditure Date
County of Orange Page 1 of 2 City of Seal Beach Contract
OC Community Resources No. 22 -23 -0005 -HR
DocuSign Envelope ID: 109E877D-EF39-4F68-BABF-9956FOF03003
Exhibit 3
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 Contract
OC Community Resources No. 22 -23 -0005 -HR
DocuSign Envelope ID: 109E877D-EF39-4F68-BABF-9956FOF03003
EXHIBIT 4
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
payment 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
award/loan 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 form, 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 Seal Beach Contract
OC Community Resources No. 22 -23 -0005 -HR
DocuSign Envelope ID: 109E877D-EF39-4F68-BABF-9956FOF03003
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
C. 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:
Tier if known
Congressional District, if known:
Congressional District, if known:
6. Federal Department / 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 Continuation Sheets SF -LLL -A, if necessary)
11. Amount of Payment (check all that apply):
13. Type of Payment (check all that apply)
$ Actual
a. retainer
Planned
b. one-time free
C. commission
12. Form of Payment (check all that apply):
a. cash
d. contingent fee
b. in-kind: specify:
e. deferred
nature:
f. other specify:
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 sheet(s) SF -LLL -A attached: ❑ Yes 1__ EB440ed by:
16. Information requested through this form authorized by Title
yL r (K,,A
31 U.S.C. Section 1352. This disclosure of lobbying activities is a
Signature:
material representation of fact upon which reliance was placed by the
tier above when this transaction was made or entered into. This
disclosure is required pursuant to 31 U.S.C. 1352. This information
3 i 11 R Ingram
Print Name:
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: 3/21/2022
County of Orange Page 2 of 3 City of Seal Beach Contract
OC Community Resources No. 22 -23 -0005 -HR
DocuSign Envelope ID: 109E877D-EF39-4F68-BABF-9956FOF03003
EXHIBIT 4
Reporting Entity:
DISCLOSURE OF LOBBYING ACTIVITIES
I.• . -.. •
Page of
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 Contract
OC Community Resources No. 22 -23 -0005 -HR
DocuSign Envelope ID: 109E877D-EF39-4F68-BABF-9956FOF03003
EXHIBIT 5
Page 1 of 1
CERTIFICATION REGARDING LOBBYING
CERTIFICATION FOR CONTRACTS, GRANTS, LOANS,
AND COOPERATIVE AGREEMENTS
The undersigned certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person
for influencing or attempting to influence an officer or employee of an 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 extension, continuation, renewal, amendment, or modification of any Federal
contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or
attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a member of Congress in connection with this Federal contract, grant, loan, or
cooperative agreement, the undersigned shall complete and submit Standard Form LLL, "Disclosure Form to
Report Lobbying," in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the award documents for all*
subawards at all tiers (including subcontracts, subgrants and contracts under grants, loans, and cooperative
agreements) and that all* subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was
made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction
imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be
subject to a civil penalty of not less than $10, 000 and not more than $100,000 for each suchfailure.
City of seal Beach
Grantee/Contractor Organization
Till R Ingram
Name
City Manager
TitleDocuSigned by:
5iy, r (V*.
*Note: In these instances, "All," in the Final. Rule is expected to be clarified to show that it applies to covered
contract/grant transactions over $100,000 (per OMB).
City of Seal Beach Contract
No. 22 -23 -0005 -HR