HomeMy WebLinkAboutCC AG PKT 2006-08-14 #G
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AGENDA REPORT'
DATE:
August 14,2006
TO:
Honorable Mayor and City Council
THRU:
FROM:
John B. Bahorski, City Manager
Lee Whittenberg, Director of Development Services
SUBJECT:
RESOLUTION NO" , A RESOLUTION OF THE
'. CITY COUNCIL OF THE CIIT OF SEAL BEACH,
~ALIFORNIA APPROVING THE CITY'S
PARTICIPATION. IN THE HOUSING AND
COMMUNITY DEVELOPMENT PROGRAM OF THE
COUNTY OF ORANGE, :fROGRAM YEAR 2006-2007
AND AUTHORIZING EXECUTION OF CONTRACT NO.
KC06661 (LEISURE WORLD ADA HOUSING
REHABILITATION PROGRAM)
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SUMMARY OF REOUEST:
Adopt Resolution No. . A Resolution of the City Council of the City of Seal Beach,
California Approving the City's Participation in the Housing and Community
Development Program of the County of Orange, Program Year 2006-2007, and
Authorizing Execution of Contract No. KC06661 (Leisure World ADA Housing
Rehabilitation Program). Receive and File Staff Report.
BACKGROUND:
On December 12, 200S the City Council..conducted a public hearing regarding an
application for funding by the Community Development Block Grant program for the
Leisure World ADA Housing Rehabilitation Program and authorized submission of the
application for continuation funding in the amount of $200,000,00. The Orange County
Board of Supervisor's has recently approved the application.
The subject resolution' will authorize designated' staff to execute Contract No. KC06661
for implementation of the program for fiscal year 2006-2007. It is estimated that a
minimum of30 housing units within Leisure World will be assisted through this program.
Agenda Item a
Z:\My Docmnenl5\CDBG\2006-2D07 Leisure World CIIlllnICI Execurion.CC StaffRqJort.dooILW\OB-ll4-06
Program Year 2006-2007 Contract Execution - Contract No. KC0661
Leisure World ADA HOWling Rehabilitation Program
City Council StqffReporl _
August 14. 2006 ,.,
RECOMMENDATION:
Adopt Resolution No. . A Resolution of the City Council of the City of Seal Beach,
California Approving the City's Participation in the Housing and Community
Development Program. of the County of Orange, Program Year 2006-2007, and
Authorizing Execution of Contract No. KC06661 (Leisure World ADA Housing
Rehabilitation Program). Receive and File Staff Report.
Attachments: (2)
Attachment I:
Resolution No. . A Resolution of the City Council of
the City of Seal Beach, California Approving the City's
Participation in the Housing and Community Development
Program of the County of Orange, Program. Year 2006-
2007, and Authorizing Execution of Contract No. KC06661
(Leisure World ADA Housing Rehabilitation Program)
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Attachment 2:
Contract No. KC06661 - "Leisure World ADA Housing
Rehabilitation Prognun" Application, dated April 5, 2006
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2006-2007 Leisure World CDIIlracl Execution.CC Staft'Roport
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Program Year 2006-2007 Co1llTact Erecution - Contract No. KC0661
Leisure World ADA Housing Rehabilitation Program
City COllncil Staff Report
Allgust 14, 2006
ATTACHMENT 1
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RESOLUTION NO" , A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF
. SEAL BEACH, CALIFORNIA APPROVING
THE CITY'S PARTICIPATION IN THE
HOUSING AND COMMUNITY
DEVF;LOPMENT PROGRAM OF THE
COUNTY OF ORANGE, PROGRAM YEAR
_ 2006-~007, AND AUTHORIZING
EXECUTION OF CONTRACT NO" KC06661
(LEISURE WORLD ADA HOUSING
REHABILITATION PROGRAM)
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2006-2007 Lei.ure World ContraCt Exocution.CC SlaffRoport
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Program Year 2006-2007 Contract Execution - Contract No. KC0661
Leisure World ADA Housing Rehabilitation Program
City Council Staff Report
August 14, 2006
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SEAL BEACH, CALIFORNIA
APPROVING THE CITY'S PARTICIPATION IN
THE HOUSING AND COMMUNITY
DEVELOPMENT PROGRAM OF THE
COUNTY OF ORANGE, PROGRAM YEAR
2006-2007 AND AUTHORIZING EXECUTION
.. OF CONTRACT NO. KC06661 (LEISURE
WORLD ADA HOUSING REHABILITATION
PROGRAM)
TIlE CITY COUNCIL OF TIlE CITY OF SEAL BEACH DOES HEREBY
RESOL VB:
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WHEREAS,it is the intent of the City of Seal Beach to participate with the County of
Orange for a grant authorized under the Housing and Community
Development Act of 1974; and
WHEREAS,the Housing and Community Development Act of 1974 authorizes cities
under 50,000 in population to enter into cooperative agreements with the
county in which they are located for the purpose of undertaking essential
community development activities; and
WHEREAS, the Federal government requires participating cities to provide
certifications that the funds will be obtained and utilized pursuant to
Federa11aw and policy; and
WHEREAS, the City Council on December 12, 2005 conducted a public hearing and
approved the following projec~ to be included in the City's grant proposal:
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Leisure World ADA Housing Rehabilitation
Program: 5200,000
Census Tracts 995.09 and 995.10 encompass Leisure World, and
as a private community the City does not provide any major
services or assistance programs within Leisure World. The Leisure
World tracts were approved for inclusion in a proposed
rehabilitation assistance program with CDBG for fiscal year 2005-
2006 in the amount of $200,000 to serve an est;tllI'h::d 30-35
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20!l6-2007 Leis"", Wodd Con_ _ex: Staff Report
Program Year 2006-2007 Contract Execution - Contract No. KC0661
Leisure World ADA Housing Rehabilitation Program
City Council StqIJ Report
Augvst 14, 2006
households. The requested funding level of $200,000 is consistent
with the previously approved funding level by the County of
Orange and is in accordance with the County guidelines; and
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WHEREAS,
The Leisure World ADA Housing Rehabilitation program has been
approved by the Orange County Board of Supervisor's and
Contract No. KC0666l will implement this approved housing
rehabilitation program.
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Seal
Beach does hereby authorize the Director of Development Services and the Senior
Planner to execute all necessary contract documents, and authorizes the Director of
Development Services and to take all appropriate actions to. comply with all aspects of
contract administration and compliance.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal
Beach at a meeting thereof held on the day of . 2006.
Mayor
ATTEST:
Linda Devine, City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF SEAL BEACH )
I, Linda Devine, City Clerk of the City of Seal Beach, California, do hereby certify that
the foregoing resolution is an original copy of Resolution Number on file in the
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2Q06-1OO7 Leisure Wood ConlI8Ct Exec:ution.CC Sl8lfRcport
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Program Year 2006-2007 Contract Execution - Contract No. KC066J
Lei8vre World ADA Housing Rehabilitalion Progratll
City COII1IciI Stqff Report
A.ugust 14, 2006
Office of the City Clerk, passed, approved and adopted by the City Council of the City of
Seal Beach at a meeting thereof held on the day of ,2006.
Linda Devine, City Clerk
City of Seal Beach
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2006-2007 Lois_ World ConlrIcI ExocutiOll.CC StalfReport
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Program Year 2006-2007 Contract Execution - Contract No. KC0661
Leisure World ADA HOflSing Rehabilitation Program
City Council Stcflf Report
August 14, 2006
ATTACHMENT 2
CONTRACT NO" KC06661 - "LEISURE
WORLD ADA HOUSING REHABILITATION
,PROGRAM" APPLICATION, DATED APRll..
5,2006
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2006-2007 Lei.... World Contract Execution.CC StaffR<port
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Contract No. KC06661
IDIS No.: 1661
COUNTY OF ORANGE
HOUSING AND COMMUNITY SERVICES DEPARTMENT
"To work in partnership with and advocate for Orange County's diverse communities, improve lives
by supporting and providing needed community services, strengthen economic viability, and
preserve and expand affordable housing opportunities; thereby enhancing the quality of life for our
community, "
Transmittal of Contract
SUBRECIPIENT: City of Seal Beach
PROJECT TITLE: Leisure World ADA Housing Rehabilitation Program
FUNDING SOURCE: CDBG
Accompanying .~hls cover page is the above referenced contract, which Includes:
TABLE OF CONTENTS
I. Contract Form
II. Definitions
III. Conditions of Funding
a" Amount of contract: $ 200,000.00
IV" Amendments
V" Payments
VI. General Administration
VII. Performance
VIII" Performance Monitoring
IX. Modiflcatlons/Transfers of Real Estate
X" Audits
XI. Federal Administrative Requirements
XII. Environmental Conditions
XIII" Notices
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Contract No. KC06661
IDIS No. 1661
COUNlY OF ORANGE
HOUSING AND COMMUNITY SERVICES DEPARTMENT
COMMUNllY DEVELOPMENT BLOCK GRANT-PARTICIPATING CITY
(Program Year 2006-07)
TI11.E OF PROJECT: leisure World ADA Housing Rehabilitation Program
570.202(a)(1) 14A Rehab: Single Unit Residential
This agreement, hereinafter referred to as ~CONTRAcr-, Is entered into on
BY AND BETWEEN
City of Seal Beach, a municipal corporation,
In the State of California, and hereinafter
referred to as "SUBRECIPIENT".
AND
COUNlY OF ORANGE, a political subdivision
of the State of California and recognized Urban
County under the Federal Housing and
Community Development Act of 1974 (PubliC
Law 93-383), as amended, hereinafter
referred to as "COUNlY".
RECITALS
This CONTRACT Is made with reference to the following facts, among others:
WHEREAS, COUNlY has applied for and anticipates receiving funds from the United
States Department of Housing and Urban Development, hereinafter referred to as ~HUD.,
under Title I of the HOUSing and Community Development Act of 1974 (Public Law 93-383, as
amended) for the purpose of funding projects meeting one of the HUD natIonal objectives;
and
WHEREAS, COUNlY and Participating Cities previously entered Into a Cooperation
Agreement dated July 1, 2005, as amended, In which both parties agreed to cooperate In the
undertaking, or assist In the undertaking, of community development and housing assistance
activities; and
WHEREAS, SUBRECIPIENT has submitted to COUNiY an application for funding of a
housing and community development activity; and
WHEREAS, COUNlY adopted Its Annual Action Plan, (hereinafter referred to as
~ANNUAL ACTION PLAN-), Including any mid-year amendments, which sets forth the PROJECT
described herein; and
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Contract No, KC06661
IDIS No. 1661
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WHEREAS, HUD, In accordance with 24 CFR Part 570 Subpart 0, 570.902, will annually
review the performance of COUNTY to determine whether COUNTY has carried out It's
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; and
WHEREAS, COUNTY approved an allocation of $200,000 (Two Hundred Thousand
Dollars and 00 Cents) In project funding to SUBRECIPIENT for the Fiscal Year 2006-07; and
WHEREAS, HUD has accepted and certified the ANNUAL ACTION PLAN.
WHEREAS, COUNTY engages SUBRECIPIENT to assist COUNTY In utilizing aforesaid
funds.
NOW, THEREFORE, the parties enter Into the following:
I. CONTRACT FORM
This CONTRACT consists of:
A. The following provisions;
B. All applicable Federal Regulations, InclUding 24 CFR 570;
C. Applicable State and COUNTY laws and regulations; and,
D. The attached SUBRECIPIENT SCOPE OF SERVICES, which Is Incorporated as if
fully set forth herein; and,
E. The attached CHILD SUPPORT PROVISIONS, which are Incorporated as if fully
set forth herein.
II. DEFINmONS
For the purposes of this CONTRACT the following definitions shall apply:
A. HUD: United States Department of Housing and Urban Development.
B. HOUSING AND COMMUNITY SERVICES DEPARTMENT (HCS): COUNTY
department designated as the Lead Agency for the development and implementation of
County of Orange Urban County Program's Consolidated Plan,
C. DIRECTOR: DIRECTOR of the Orange County Housing and Community
Services Department, or designee.
D. 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.
E. PROGRAM INCOME: The gross Income received by SUBRECIPIENT directly
generated from the use of the subject program funds.
F. 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.
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1 Contract No. KC06661
2 IDIS No. 1661
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4 G. GRANTEE PERFORMANCE REPORT (GPR) INFORMATION FORM: A PROJECT
5 activity data document provided by COUN1Y to SUBRECIPIENT used to monitor and track the
6 performance of SUBRECIPIENT.
7 H, HOUSING AND COMMUNITY SERVICES (HCS) pouev ON DOCUMENTING
8 SUBRECIPIENT COSTS: A COUNTY document setting policies regarding types of
9 documentation required to support the costs Incurred and paid (Including but not limited to
10 copies of paid Invoices, certified payroll registers, bank statements, etc.).
11 I. PROJECT: Any site or sites, including buildings, and/or activities assisted with
12 federal program funds,
13 J. PROGRAM ADMINISTRATION: An activity relating to the general management,
14 oversight and coordination of community development programs. Costs directly related to
15 carrying out eligible activities are not Included.
16 K, OMB: Federal Office of Management and Budget,
17 L. CAPER: Consolidated Annual Performance and Evaluation Report. An annual
18 published report to HUD and the public on all housing-related activities.
19 M. COBG: Community Development Block Grant funds.
20 O. SUBSTANTIAL AMENDMENT: The County will consider a change In project
21 scope as a "substantial amendment" under the following cIrcumstances:
22 1. County or subreclplent decides not to carry out an actIvity previously
23 described In the Annual Action Planj
24 2. County or subreclplent carries out an activity not previously described In the
25 Annual Action Planj
26 3. County or subreclplent changes the purpose, scope, location or beneficiaries
27 of an activity;
28 4. County or subreclplent changes the use of COBG funds from one eligible
29 activity to another;
30 5, County or subreclplent changes 25% or more In one program activity.
31 III. CONDmONS OF FU~.(DING
32 A. County advises SUBRECIPIENT that a significant change In entitlement funding
33 may result In a change In the current process utilized by COUN1Y to determine funding
34 allocations. SUBRECIPIENT aCknowledges that the obligation of the COUNTY Is contingent
35 upon the availability of Federal, State or local Government funds, which are appropriated or
36 allocated fo~ the payment of such an obligation. If funding levels are significantly affected by
37 Federal budgeting or if funds are not allocated and available for the continuance of the
38 function performed by SUBRECIPIENT, the CONTRACT may be terminated by the COUNTY at
39 the end of the period for which funds are available. The COUNTY shall notify SUBRECIPIENT at
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Contract No. KC06661
IDIS No. 1661
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the earliest possible time of any service, which will or may be affected by a shortage of funds.
No penalty shall accrue to the COUN1Y In the event this provision is exercised and the
COUN1Y shall not be obligated nor liable for any damages as a result of termination under
this provision of this CONTRACf, and nothing herein shall be construed as obligating the
COUN1Y to expend or as Involving the COUN1Y In any contract or other obligation for the
future payment of money In excess of appropriations authorized by law.
B. Eligible costs reiated to services- provided by SUBRECIPIENT must be Incurred
during the period beginning July 1, 2006. The PROJECf shall be completed and all funds
provided through this CONTRACf shall be expended on eligible PROJECf activities prior to
June 30, 2007. The term of this CONTRACT may be extended upon mutual agreement of the
parties In writing In accordance with Section IV.D. below. COUN1Y will reclaim any unused
balance of funds for reallocation to other COUN1Y approved projects If such extension does
not occur.
C. SUBRECIPIENT may be eligible to request additional funding up to the maximum
set forth In the applicable FY 2006-07 Annual Action Plan If SUBRECIPIENT meets or exceeds
anyone of the Required Expenditure Thresholds at 50%, 70% or 80% on or prior to the
milestone date established herein In Section V.E,3,
D. If additional funding Is available for allocation. to SUBRECIPIENT, SUBRECIPIENT
and COUNlY shall first amend the Subreclpient Scope of Services component of this
CONTRACf, Furthermore, SUBRECIPIENT shall demonstrate, to the satisfaction of DIRECfOR,
that the Expenditure and Performance Thresholds set forth herein Section V.E. 3. and Section
VII.B., as amended, will continue to be met before such extension and additional allocation
shall be granted.
IV. AMENDMENTS
A. COUN1Y, through Its DIRECTOR without further action by the COUN1Y's Board
of Supervisors (hereinafter referred to as -BOARD") and SUBRECIPIENT may by mutual
agreement amend and/or extend this CONTRACf and/or Incorporated SubreclpJent Scope of
Services, at any time, up to 45 (forty-five) :days prior to CONTRACT expiration, proVided that
the proposed action Is not a SUBSTANTIAL AMENDMENT as defined herein and by the -FY
2006-2007 Funding Allocation Policy and Process & Citizen Participation Plan", any such
amendment makes specific reference to this CONTRACf, is executed in writing, and signed by
a duly authorized representative of the SUBRECIPIENT's organization. SUBRECIPIENrs
written request to amend must Include a revised budget for funds being extended, If that
budget Is different in scope from the originally agreed upon SUBRECIPIENT SCOPE OF
SERVICES. SUBRECIPIENT must also comply with the original thresholds and milestones
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2 1015 No. 1661
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5 outlined In Section VII,B. herein. Such amendment shall not Invalidate this CONTRACT, nor
6 relieve or release COUNTY or SUBRECIPIENT from their respective obligations under this
7 CONTRACT. Any proposed amendment to this CONTRACT shall be submitted to DIRECTOR,
8 and approved by DIRECTOR In writing prior to commencement of any activity covered by said
9 amendment,
10 B. SUBRECIPIENT agrees that COUNlY may, at Its sole discretion, amend this
11 CONTRACT to conform with federal, state or local governmental guidelines, policies, and
12 available funding amounts.
13 C. If any amendment results In a change In the fundIng amount, SUBRECIPIENT
14 SCOPE OF SERVICES, threshold and milestone dates or schedule of activIties to be
15 undertaken as part of this CONTRACT, such modifications will be Incorporated only by written
16 amendment executed by DIRECTOR And. SUBRECIPJENT.
17 D. CONTRACT Extension
18 1. The term of this CONTRACT and the provisions herein may be extended
19 to cover an additional time period as specified hereIn.
20 2. The date for PROJECT completion and expenditure of all funds may be
21 extended by the DIRECTOR withou~ further action by the BOARD for a period not to exceed
22 six (6) months from June 30, 2007. All extensIon approvals must be in writIng and signed by
23 the DIRECTOR. In the event of such extension, the deadline for submittal of Invoices shall be
24 forty-five (45) days after the new expiration date.
25 3. CONTRACT extension provisions are not aODllcable to PROGRAM
26 ADMINISTRATION activities.
27 V. PAYMENTS
28 A. Funds from COUNTY to SUBRECIPIENT shall be disbursed subsequent to
29 availability of funds from HUD to COUNlY.
30 B. Funds shall not be disbursed for any costs Incurred prior to the certification by
31 COUNlY and/or HUD of Certlficate(s) of Insurance and environmental compliance, as further
32 defined in Section VI and Section XII of this CONTRACT. Additionally, when applicable, no
33 funds shall be disbursed prior to submittal of certified payroll documentation to COUNlY with
34 each Invoice package/request for payment, as further defined In Section XI.
35 C. CONTRACT Amount
36 It Is expressly agreed and understood that the total amount to be paid by
37 COUNlY under this CONTRACT shall not exceed $200,000. Reimbursement for the payment
38 of eligible project expenses shall be made In accordance with the budget specified In Section
39 II. of SUBRECIPIENT SCOPE OF SERVICES.
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Contract No. KC06661
IDIS No. 1661
D.
Readiness
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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 Councll
Minutes/Resolution; Awarded bid documents with timellne requirements; and, executed
Architects and Engineers (hereinafter referred to as "A&ENl contract with specific project
tlmelines consistent with funding. By September 3D, 2006 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 will be met. The Project Readiness Checklist shall
clearly demonstrate that SUBRECIPIENT wll1 meet the "Required Expenditure Thresholds"
established herein Section V. E. 3. SUBRECIPIENT acknowledges that saId Project Readiness
Checklist may be considered to evaluate the performance of the SUBRECIPIENT,
E Pavment of Proiect Activities
1. COUNTY will reimburse SUBRECIPIENT for eligible project-related costs only.
SUBRECIPIENT shall submit requests for reimbursement to COUNTY on a quarterly basis
beginning on July 1, 2006, and must provide adequate documentation as required by COUNTY
In accordance with the COUNTY's Housing and Community Services Department, (hereinafter
referred to as "HCSN) POlicy for DocumentIng Subreclplent Costs. In addition, SUBRECIPIENT
will provide a progress performance report (i.e. Grantee Performance Report hereinafter
referred to as "GPR" Information Form) for the time period covered, as prescribed by
COUNTY, Failure to provide any of the required documentation and reporting mIl. 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
durlng the term of thIs CONTRACT, a GPR, including an explanation as to why no Invoices
were being processed, shall be required in lieu of a request for reimbursement.
3. The following "Required Expenditure Threshold" crlterla has been
established to guide the SUBRECIPIENT In structuring and schedUling their expenditure ~f
funds receIved through this CONTRACT. The criteria thresholds are consistent with the
criteria used by HCS 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.
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Contract No. KC06661
IDIS No. 1661
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10 4. SUBRECIPIENT will have forty-five (45) days following the expiration of
11 the CONTRACT to submit outstanding Invoices for reimbursement of eligible costs Incurred
12 during the CONTRACT period. After the forty-five (45) day period for submitting-Invoices has
13 expired, COUNTY shall reallocate the remaining balance under this CONTRACT for other
14 program purposes and SUBRECIPIENT shall be Ineligible for any further reimbursement.
15 F, Prooram Income
Milestone Date
November 30, 2006
January 31, 2007
Minimum Reouired
Expenditure Threshold
50% of Contracted Amount Expended
70% of Contracted Amount Expended
16 1, SUBRECIPIENT shall comply with regulations set forth in 24 CFR
17 570.504, as well as all applicable State or COUNTY regulations concerning the reportIng and
18 payment procedures for program Income.
19 2. All Program Income accrued shall be returned to COUNTY or drawn down
20 prior to SUBRECIPIENT receiving any reimbursement from grant funds provided under this
21 CONTRACT. SUBRECIPIENT agrees to execute the appropriate COUNTY standardized
22 CONTRACT when returning and using program Income funds.
23 3, SUBRECIPIENT shall proVide Information of the receipt of PROGRAM
24 INCOME by SUBRECIPIENT related to PROJECT on all GPR INFORMATION FORMS submitted
25 with requests for reimbursement.
26 4. SUBRECIPIENT shall complete and submit a Year-End Program Income
27 Worksheet, Including any reimbursement remittance necessitated therein, by July 15,
28 following the fiscal year In which this CONTRACT Is In force.
29 VI. GENERAL ADMINISTRATION
30 A. SUBRECIPIENT shall provide the oversight, administration, and project
31 management necessary to accomplish all contracted activities In a timely manner.
32 SUBRECIPIENT also agrees to comply with all applicable federal, state, and local laws and
33 regulations governing the funds provIded under this CONTRACT,
34 B. Indeoendent Contractor
3S Nothing contained In this CONTRACT Is Intended to, or shall be construer;f In any
36 manner, as creating or establiShing the relationship of employer/employee between the
37 parties. SUBRECIPIENT and Its subcontractors shall at all times remain Independent
38 contractors wIth respect to the services to be performed under this CONTRACT. COUNTY shall
39 be exempt from payment of any Unemployment Compensation, FICA, retirement, life and/or
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Contract No. KC06661
IDIS No. 1661
medical Insurance and Workers' Compensation Insurance as SUBRECIPIENT and Its
subcontractors are independent contractors.
C. Hold Harmless
SUBRECIPIENT shall hold harmless, defend with counsel approved In writing by
COUNTY and indemnify 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'IMDEMNITEES") from any and all claims, actions, suits,
charges and judgments whatsoever InclUding but not limited to personal Injury or property
damage that arise out of SUBRECIPIENT's andlor its subcontractor's use of funds,
performance or nonperformance of the project andlor scope of work called for In this
CONTRACT.
D. Asslanabllltv
SUB RECIPIENT shall not assign or transfer any Interest in this CONTRACT
without the prior written consent of COUNTY.
E. Subcontracts
1. SUBRECIPIENT shall submit all subcontract agreements to COUNTY for
review and consent prior to entering Into such subcontracts. For construction subcontracts,
SUBRECIPIENT shan submit the Construction Bid package. to COUNTY for review and written
approval by DIRECTOR 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,
2. SUBRECIPIENT shall assume responsibility for all subcontracted services
to assure CONTRACT compliance.
3. SUBRECIPIENT shall cause this CONTRACT, In its entirety, to be Included
In and made a part of any subcontract executed In the performance of this CONTRACT. '
4. SUBRECIPIENT shall monitor an 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 actlon(s)
to correct any area(s) of CONTRACT non-compliance, Documentation shall be made available
for periodic monitoring by representatives of COUNTY andlor HUD.
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Contract No. KC06661
IDIS No. 1661
F.
Relocation
4 SUBRECIPIENT shall, In all matters relating to the project:
5 1. Take all reasonable steps to minimize displacement by providing tenants
6 reasonable opportunity to lease and occupy dwelling units In the project being Improved; and,
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10 advisory assistance In securing temporary housing for any eligible tenant who Is temporarily
11 or permanently relocated due to the project.
12 3. Comply with the Uniform Relocation Assistance and Real Property
13 Acquisition Policies Act of 1970, as amended by the Uniform Relocation Act/URA, 49 CFR Part
14 24 and 24 CFR 570.606 for persons displaced by the project; and,
15 '"4. Have In effect and follow a residential anti-displacement and relocation
16 plan required under section 104(d) of the Housing and Community Development Act of 1974,
17 as amended, in conjunction with any activity assisted with funding under the subject
18 program.
19 G. Fair Houslno
20 SUBRECIPIENT shall affirmatively further fair housing In accordance with 24
21 CFR 570.904.
22 H. Insurance
23 No costs shall be Incurred and no funds shall be disbursed prior to written
24 certification of aooroval by COUNTY of Insurance fulfillment.
25 1. SUBRECIPIENT, at Its own expense, agrees to deposit with COUNTY prior
26 to the execution and provision of services under this CONTRACT, Certificates of Insurance,
27 InclUding all endorsements required herein, necessary to satisfy COUNTY that the Insurance
28 provisions of this CONTRACT have been complied with, and to keep such Insurance and the
29 certificates therefore on deposIt with COUNTY during the entire term of this CONTRACT. In
30 addition, all contractors and subcontractors performing work on behalf of SUBRECIPIENT
31 pursuant to this CONTRACT shall be covered under SUBRECIPIENT's Insurance or shall obtain
32 Insurance subject to the same terms and condItions as set forth herein for SUBRECIPIENT.
33 SUBRECIPIENT shall require that any contractor or subcontractor working for SUBRECIPIENT
34. have the Insurance required by this section and not allow contractors or subcontractors to
35- work If the contractors or subcontractors have less than the level of coverage required by the
36 COUNTY under this CONTRACT. SUBRECIPIENT shall provide notice of the insurance
37 requirements to every contractor or subcontractor, and to receive proof of insurance prior to
38 allowing any contractor or subcontractor to begin work. Such proof of Insurance must be
39 maintained by SUBRECIPIENT through the entirety of this CONTRACT for Inspection by
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COUNTY representative at any reasonable time. All Insurance policies required by this e
CONTRACT shall declare any deductible or self-Insured retention (SIR) In an amount In excess
of $25,000 ($5,000 for automobile liability) which shall specifically be approved by COUNTY
Executive Office/Office of Risk Management. SUBRECIPIENT shall be responsible for
reimbursement of any deductible to the Insurer.
2. SUBRECIPIENT shall maintain Insurance acceptable to COUNTY In full
force and effect throughout the term of this CONTRACT. If SUBRECIPIENT falls to maintain
insurance acceptable to COUNTY for the full term of this CONTRACT, COUNTY may terminate
this CONTRACT,
3. The polley or policies of Insurance must be Issued by an insurer licensed
to do business In the State of California (California Admitted Carrier).
4. Minimum Insurance company ratings as determined by the most current
edItion of the Best's Kev Ratlna GUldeIProoertv-CasualtvIUnited. States or ambest.com
shall be A- (Secure Best's Rating) and VIII (Financial Size Category). SUBRECIPIENT will file
with COUNTY, prior to the commencement of performance of services under thIs COI'lTRACT,
an original Certificate of Insurance and all required endorsements evidencing that coverage
required by this CONTRACT is in effect. .
5, If the carrier Is a non-admitted carrier In the State of California, COUNTY
Executive Office/Office of Risk Management retains the right to approve or reject carrier after
a review of the company's performance and financial ratings.
6. The policy or policies of Insurance maintained by SUBRECIPIENT shall
provide the minimum limits and coverage as set forth herein below:
Coveraoe MinImum Limits
Commercial General Liability to $1,000,000 combined single limit
include a Broad Form Property per occurrence
Damage Endorsement, Including the
Peril of Fire, and Contractual Liability $2,000,000 Aggreglllte
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Automobile Liability Including all
owned non-owned and hired vehicles
$1,000,000 combined single limit
per occurrence
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Workers' Compensation
Statutory
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Sexual Misconduct
$1,000,000 per occurrence
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$1,000,000 per occurrence
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4 7. Each Insurance policy required by this CONTRACf shall be endorsed to
5 contain the following provisions:
6 . a, This Insurance shall not be changed, cancelled, limited In scope of
7 coverage or non-renewed until after 30 days written notice has been given to COUNlY of
8 Orange/HCS (Endorsement must be attached to Certificate of Insurance).
9 If a 30-day notice of cancellation endorsement Is not received,
10 the cancellation clause must Include language as follows, whkh edits the pre-printed ACORD
11 certificate: Should any of the above described policies be cancelled before the expIration date
12 thereof, the Issuing company wI/I mall 30 days written notice to the certificate holder named
13 as: County Of Oranae/Housina and CommunIty Services Deoartment.
14 b. All rights of subrogation are hereby waived against COUNlY, It's
15 elective and appointed officials, officers and employees when acting within the scope of their
16 employment or appointment, and COUNlY and their Board or Commissions, which are
17 governed by COUNlY Board of Supervisors. (Endorsement must be attached to Certificate of
18 Insurance).
19 c. As respects operations of the named Insured performed on behalf
20 of COUNlY, COUNlY Is added as an additional insured except for Workers'
21 Compensation/Employers' Liability. (Endorsement must be attached to Certificate of
22 Insurance).
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California Labor Code whIch requires every employer to be Insured against liability for
Worker's Compensation or be self-Insured in accordance wIth the provisions of that code. The
SUBRECIPIENT will comply with such provisions and shall furnish the COUNlY satisfactory
evidence of such compliance for the period of this contract, statutory Worker's Compensation
Insurance and Employer's Liability Insurance with minimum limits of $1,000,000 per
occu rrences.
e. It Is agreed that any Insurance maintained by COUNlY will apply
In excess of, and not contribute with, Insurance provided by this policy. (Endorsement must
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be attached to Certificate of Insurance for the General Liability policy).
f. Commercial General Llablllty policy shall contain a severability of
interests clause.
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8. Insurance information shall be submitted to:
County Of Orange
Housing and Community Services Department
AttentIon: CommunIty Development Services
1770 North Broadway
Santa Ana, CA 92706-2642
9. Upon written advice of COUN1Y's Risk Manager, any of the above
insurance types may be increased or waived due to c~rrent Insurance marketplace conditions.
In addition, COUN1Y Risk Manager retains the right to require additional Insurance coverage
as may be deemed appropriate to adequately protect COUN1Y. COUNTY's. requirements shall
be reasonable and shall be designed to assure protection from and against the kInd and
extent of risks, which exist at the time a change In Insurance is required.
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10. COUN1Y 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 COUN1Y Incorporating such Changes within thirty (30)
days of receipt of such notice, this CONTRACT may be In default 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 or to fulfill the Indemnification
provisions and requirements of this CONTRACT,
1. Grantor Recoonltlon
SUBRECIPIENT shall Insure recognition of the role of the COUNTY in providing
services through this CONTRACT. All activities, facilities and Items utl1lzed 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 COUN1Y or
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J. Records to be Maintained
SUBRECIPIENT shall maintain all records required by the Federal regUlatIons
specified In 24 CFR 570.503(b)(2), 570.506, 570.507 and 570.508 that are pertinent to tne -
activities to be funded under this CONTRACT, Such records shall Include, but not be limited
to:
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4 1, Records providing a full description of each activity undertaken;
5 2. Records demonstrating that each activity undertaken meet one of the
6 National Objectives of the CDBG program;
7 3, Records required to determine the eligibility of actIvities;
8 4, Records required to document the acquisition, Improvement, use, or
9 disposition of real property acquired or Improved with CDBG assistance;
10 5. Records documenting compliance with the fair housing and equal
11 opportunity components of the CDBG program;
12 6. Financial records as required by 24 CFR 570.502, and OMB Circular A-
13 87; and
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Other records necessary to document compliance with Subpart K of 24
15 CFR 570.
16 K. Retention
17 SUBRECIPIENT shall retain aN records pertinent to expenditures lncurr~d under
18 this CONTRACT for a period of five (5) years after the termination of all activities funded
19 unde~ this CONTRACT, or after the resolution of all Federal audit findings, whichever occurs
20 later. Records for non-expendable property acquired with funds under this CONTRACT shall
21 be retained for five (5) years after final disposition of such property. Records for any
22 displaced person must be kept for five (5) years after s/he has received final payment.
23 L. Client Data
24 1. SUBRECIPIENT shall maintain client data demonstrating client eligibility
25 for services provided for a period of five (5) years after the termination of all actIvIties funded
26 under this CONTRACT, or after the resolution of all Federal audit findings, whichever occurs
27 later. Such data shall be consistent and Include, but not be limited to, dient name, address,
28 verifiable Income level (as documented by Income tax returns, employee payroll records,.
29 retirement statements, etc. or other third party documentation acceptable to COUNTY, for
30 determining eligibility), and desc;:rlptlon of service proVided. Such Information shall be made
31 available to HUD representatives, COUNlY monitors, or their designees, for review upon
32 request.
33 2. SUBRECIPIENT shall develop and Implement procedures to ensure the
34 confidentIality of records pertaIning to any Individual provided family violence prevention or
35 treatment services under any project assisted under the subject program, Including protectlon
36 against the release of the address or location of any family violence s.helter project, except
37 with the written authorization of the person responsible for the operation of the shelter.
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M. Prooertv 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
with the "changes In use" restrictions specified In 24 CFR 570.505.
N. Close-Out )
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 24 CFR 570.509 and shall Include, but are not limited to: making final
payments; sLibmittlng final Involce(s), report(s), in accordance with the requirements of
paragraph V.E.4 above, and documentation; disposing of program assets (including the return
to COUNTY of all unused materials and equipment); remitting any program income balances
and receivable accounts to COUNTY, and determining the custodianship of records,
O. Eauioment
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19 SUBRECIPIENT shall use, manage and dispose of equipment In accordance with
20 24 CFR 85.32 and 24 CFR 570.502.
21 VII. PERFORMANCE
22 A. sUBRECIPIENT shall comply with all applicable HUD regulations, as described in
23 Section XI of this CONTRACT, concerning administrative requirements and maintain records
24 as to services provided and total number of persons served through the project, Including but
25 not limited to, population-served analysis (I.e, extremely-low income persons, very-low
26 . income persons, and low-Income persons as defined by HUD). Such Information shall be
27 available for periodic monitoring by representatives of COUNTY or HUD and shall be submitted
28 by SUBRECIPIENT in report form to COUNTY by dates specified by COUNTY,
29 B. The fOllowing "Performance Threshold" criteria shall be used to assess the level
30 of performance of the SUB RECIPIENT. Furthermore, the criteria will be considered by HCS
31 when determinIng future fUnding. In order .to be considered In compliance with the following
32 performance criteria, the SUBRECIPIENT must, on or before the required milestone date,
33 submit to HCs a request for reimbursement which demonstrates that SUBRECIPIENT has
34 expended funds and met their proposed accomplishment goals at the required levels, unless
35 exempted In writIng by the DIRECTOR.
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Minimum
Performance ExDenditure and
Milestone Date AccomDlishment Thresholds
October 31, 2006 30% of Contracted Amount Expended and
30% of Proposed Accomplishments Met
November 30, 2006 50% of Contracted Amount Expended and
50% of Proposed Accomplishments Met
January 31, 2007 70% of Contracted Amount Expended and
70% of Proposed Accomplishments Met
Marc:h 31, 2007 80% of Contracted Amount Expended and
80% of Proposed Accomplishments Met
Failure to achieve at least the aforementioned 50% drawdown, without written
exemption approved by.the DIRECTOR, 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
exemption approved by the DIRECTOR, may cause any remaining balance In this CONTRACT
to be reclaimed by COUNTY, and will Impact future funding to SUBRECIPIENT.
C. SUBRECIPIENT shall c:omplete and submit a Year End GPR Information Form by
JUly 15, following the flsc:al year In which thIs CONTRACT is In forc:e.
D. Should the activity being funded through this CONTRACT be completed,
cancelled or terminated prior to the termInation date set forth herein in Section III. B.,
SUBRECIPIENT shall c:omplete and submit a Mid-Year End GPR at the tIme of the completion,
cancellation or termination. Said GPR Information Form shall c:onslst of a cumulative reporting
of project-related expenditures and accomplishments relative to the attached SUBRECIPIEIVT
SCOPE OF SERVICES, If activity funded through this CONTRACT Is completed, or If funds
allocated through this CONTRACT are fully expended, prior to end of CONTRACT term,
SUBRECIPIENT must continue to serve It's clients for the entire term of this CONTRACT.
E. SUBRECIPIENT shall complete and submit a GPR In support of all requests for
,
reimbursement. Said GPR shall consist of a cumulative report of project-related
accomplishments relative to attached SUBRECIPIENT SCOPE OF SERVICES for the subject
quarter. If at any time during the term of this CONTRACT SUBRECIPIENT has no actIvIty
occur during any quarter, SUBRECIPIENT shall prepare and submit to COUNTY a Quarterly
GPR, regardless of actual activity.
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F. SUBRECIPIENT acknowledges that the GPR Form Is a monitoring tool that will
be reviewed and evaluated to determine SUBRECIPIENT's level of performance relative to this
CONTRACT,
G. 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.
VIII. PERFORMANCE MONITORING
A. Performance monitoring of SUBRECIPIENT by COUNTY andlor HUD shall consist
of requested .and/or required written reporting, as well as onslte monitoring by COUNTY or
HUD representatives.
B. COUNTY' shall periodically evaluate SUBRECIPIENT's progress In complying with
the terms of this CONTRACT. SUBRECIPIENT shall cooperate fully during such monitoring.
COUNTY shall report the findings of each monitoring to SUBRECIPIENT.
C. COUNTY shall monitor the performance of SUBRECIPIENT against the goals,
outcomes, milestones and performance standards required herein. Substandard performance,
as determined b~ 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 Section V of this
CONTRACT,
IX. MOOIFICATIONS{TRANSFERS OF REAL PROPERTY
A. 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 expressly prohibited.
B. SUBRECIPIENT shall ensure that any real property under SUBRECIPIENT's
control that was acquired or Improved In:whole or In part with COBG funds In excess of
$25,000 is either:
1. Used to meet one of the national objectives contained in 24 CFR
570.208 for a period not less than five years, or for such period of time as determined to be
appropriate by COUNTY, after expiration of the CONTRACT and close-out of SUBRECIPIENT's
particIpation in the CDBG Program, or, until five years after the close-out of the grant from
which the assistance to the property was provided, whichever occurs first; or,
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4 2. Disposed of In a manner that results In COUNTY being reImbursed In an
5 amount equal to the current fair market value of the property less any portion of the value
6 attributable to expenditures of non-CDBG funds for acquisition of, or Improvement to, the
7 property. Such reimbursement is not required after the period of time specified in accordance
8 with IX. B. 1. above.
9 X. AUDITS
10 If SUBRECIPIENT expends Federal funds In a fiscal year whIch equal or exceed
11 $500,000 (five hundred thousand dollars and no cents) as specified In OMB Circular A-133-
12 Revised, SUBRECIPIENT shall cause an audit at SUBRECIPIENT's expense to be prepared by a
13 Certified Public Accountant (CPA) who Is a member In good standing with the American
14 Institute of Certified Public Accountants (AICPA) of the CaJlfornla Society of CPA's. The audIt
15 must be performed annually In accordance with Generally Accepted Auditing Standards
16 (GAAS) authorized by the AICPA and Federal laws and regulations governing the programs in
17 which It particlp~tes. Furthermore, COUNTY retaIns the authority to require SUBRECIPIENT to
18 submit similarly prepared audit at SUBRECIPIENT's expense even In Instances when
19 SUBRECIPIENT's expenditure Is less than $500,000. SUBRECIPIENT will be requIred to
20 IdentIfy corrective action taken In response to any findings Identified by CPA related to their
21 funded activity or program.
22 SUBRECIPIENT shall submit two '(2) copies of such audit report, Including a copy of the
23 management letter, to COUNTY within six (6) months of the end of each CONTRACT year In
24 which SUBRECIPIENT has received federal funding (I.e. July1 - June 30). Failure to meet
2S this requirement may result In COUNTY denying reImbursement of funds to SUBRECIPIENT,
26 as well as future funding qualification. SUBRECIPIENTS, whIch are exempt from statutory
27 audit requirements, shall maintain records, which are available for review by COUNTY or
28 Federal officials. SUBRECIPIENT acknowledges that any and all "Financial Statements"
29 submitted to COUNTY pursuant to this COUNTY become Public Records and are subject to
30 public Inspection pursuant to Sec.6250 et seq. of the California Government Code.
31 XI. FEDERAL ADMINISTRATIVE REQUIR~MENTS
32 A. FInancial Manaaement
33 1. Accountlna Standards
34 SUBRECIPIENT agrees to comply with Office of Management and Budget
35 (herein referred to as "OMB") Circular A-87 and agrees to adhere to the accounting principles
36 and procedures required therein, utilize adequate Internal controls, and maintain necessary
37 source documentation for all costs Incurred.
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2. Cost Prlncloles
SUBRECIPIENT shall administer its program in conformance with OMB
Circulars A-122, .Cost Principles for Non-Profit Organizations," or A-21, .Cost Principles for
EducatIonal Institutions,. (and If SUBRECIPIENT is a governmental or quasi-governmental
agency, the applicable sections of 24 CFR 85, .Unlform Administrative Requirements for
Grants and Cooperative Contiacts 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. Civil Rlohts
1, Comollance
SUBRECIPIENT agrees to comply with Title VI of the Civil Rights Act of
1964, as amended, Title VIII of the Civil Rights Act of 1968, as amended, Section 109 of the
Title I of the Housing and Community Development Act of 1974, Section 504 of the
Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination
Act of 1975, Executive Order 11063, and with Executive Order 11246, as amended by
Executive Orders 11375 and 12086,
2. Nondiscrimination
SUBRECIPIENT shall not discriminate against any employee or applicant
for employment because of race, color, creed, religion, ancestry, national origin, sex,
disability or other handicap, age, marital status, or status with regard to public assistance.
SUBRECIPIENT will take affirmative action to Insure that all employment practices are free
from hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, and
termination discrimination. Such employment practices include but are not limited to the
followIng: rates of payor other forms of compensation, and selection for training, including
apprenticeship. SUBRECIPIENT agrees to post In conspicuous places, available to employees
and applicants for employment, notices to be provided by the COUNlY setting forth the
provisions of this nondiscrimination clause.
3. Rehabilitation Act
SUB RECIPIENT 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.
COUNlY shall provide SUBRECIPIENT with any guidelines necessary for compliance with that
portion of the regulations In force during the term of this CONTRACT.
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4 C. Druo-Free WorkplaOl
5 SUBRECIPIENT shall continue to provide a drug free workplace by:
6 1. Publishing a statement notifying employees that the unlawful
7 manufacture, distribution, dispensing, possession, or use of a controlled substance Is
8 prohibited In the SUBRECIPIENT's workplace and specifying the actions that will be taken
9 against employees for violation of such prohibition;
10 2. Establishing an ongoing drug-free awareness program to Inform
11 employees about:
12 a.
The dangers of drug abuse In the workplace;
The SUBRECIPIENT's policy of maintaining a drug-free workplace;
Any available drug counseling, rehabilitation, and employee
13 b.
14 c.
15 assistance programs;
16 d. The penalties that may be Imposed upon employees for drug
17 abuse violations occurring In the workplace;
18 3. Making It a requirement that each employee engaged in the
19 performance of the grant be given a copy of the statement required by paragraph C.1;
20 4. Notifying the employee In the statement required by paragraph C.1.
21 that, as a condition of employment under the grant, the employee will:
22 a. Abide by the terms of the statement;
23 b. Notify the employer In writing of his or her conviction for a
24 violation of a criminal drug statute occurring In the workplace, no later than five (5) calendar
25 days after such conviction;
26 5. Notifying COUNTY In writing, within ten (10) calendar days after
27 receiving such notice as stated under paragraph C.4(b) from an employee or otherwise
28 receiving actual notice of such conviction, Employers of convicted el!'ployees must provide
29 notice, including position title, to every grant officer or other designee on whose grant activity
30 the convicted employee was working, unless COUNTY has designated a central point for the
31 receipt of such notices. Notice shall Inclyde the Identification number(s) of each affected
32 grant; and
33 6. Taking one of the follo\lllng actions, within thirty (30) calendar days of
34 receiving not/ce, as stated under paragraph C.4(b), with respect to any employee who Is so
35 convicted:
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a. TakIng appropriate personnel action against such an employee, e
up to and Including termination, consistent with the requirements of the Rehabilitation Act of
1973, as amended; or,
8 b. Requiring such employee to participate satisfactorily In a drug
9 a~use assistance or rehabilitation program for such purposes by Federal, State, or local
10 . health, law enforcement, or other appropriate agency.
11 D. Affirmative Action
12 SUBRECIPIENT agrees that It shall be committed to carry out an Affirmative
13 Action Program that encompasses the principles provided In President's Executive Order
14 11246, as revised on January 4, 2002.
15 E. :Amerlcans with Disabilities Act
16 SUBRECIPIENT agrees to comply with any federal regulations issued pursuant
17 to compliance with the Americans with Disabilities Act which prohibits discrimination and
18 ensures equal opportunity for persons with disabilities In employment, State and local
19 government services and public accommodations.
20 F. Emolovment Restrictions
21 1. Prohibited Actlvltv
22 SUBRECIPIENT Is prohibited from using funds provided herein, or .
23 personnel employed In the administration of the program, for: political activities, sectarian or
24 religious activities, lobbying, political patronage, and nepotism activities.
25 2. QS.I:!A
26 Where employees are engaged In activities not covered under the
27 Occupational Safety and Health Act of 1970, they shall not be required or permitted to work,
28 be trained, or receive services in buildings or surroundings or under working conditions, which
29 are unsanItary, hazardous or dangerous to the participants' health or safety.
30 3. Labor Standards
31 a. SUBRECIPIENT agrees.to contact COUNlY no less than fourteen
32 (14) days prior to bid opening date to seek :consultation regarding application of requirements
33 per federal labor standards regulations or Davis-Bacon related Acts.
34 b. As this CONTRACT Is funded In whole or part by Federal funds,
35 SUBRECIPIENT will comply with Federal Labor Standards, as referred to In this CONTRACT. If
36 the Federal Davis-Bacon determinations !lIfter from the State Prevailing Wage requirement,
37 SUBRECIPIENT will not pay less than the higher of the two rates.
38 c. SUBRECIPIENT will comply with Davis-Bacon and/or State
39 Prevailing Wage requirements, when applicable. .
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4 d, As applicable to the subject activity and project. SUBRECIPIENT
5 agrees to comply with the requirements of the Secretary of Labor In accordance with the
6 DavIs-Bacon Act as amended, the provisions of Contract Work Hours and Safety Standards
7 Act, the Copeland .Antl-Klckback" Act (40 U.S.C, 276, 327-333), and all other applicable
8 federal, state and local laws and regulations pertaining to labor standards Insofar as. those
9 acts apply to the performance of this CONTRACT. If applicable, SUBRECIPIENT shall maintain
10 documentation, which demonstrates compliance wIth hour and wage requirements of this
11 part. Such' documentation shall be made available to COUNlY for revIew upon request.
12 e, SUBRECIPIENT agrees that, except with respect to the
13 rehabilitation or construction of residential property designed for residential use for less than
14 eight (8) units, all contractors engaged under contracts In excess of $2,000.00 for
15 construction, renovation or repair of any building or work financed In whole or in part with
16. assIstance proVided under this CONTRACT, shall comply with federal requirements pertaIning
17 to such Contracts and with the applicable requirements of the regulations of the Department
18 of Labor, under 29 CFR, Parts 3, 1, 5, 7 and 1926 governIng the payment of wages and ratio
19 of apprentices and trainees to journeymen; provided, that If wage rates hIgher than those
20 requIred under the regulations are Imposed by state or local law, nothing hereunder Is
21 Intended to relieve SUBRECIPIENT of Its obligation, if any. to require payment of the higher
22 rate. SUBRECIPIENT shall cause or require to be Inserted In full, In all such Contracts subject
23 to such regulations, provisions meetIng the requirements of this paragraph.
24 e, In cases where Davis-Bacon applies, SUBRECIPIENT agrees to
25 submit the Construction Bid Package for this project to DIRECTOR for review and written
26 approval prior to advertising for bids and award of the construction Contract, SUBRECIPIENT
27 shall construct project In accordance with the Construction Bid Package, which DIRECTOR
28 approved, unless prior written approval Is received from DIRECTOR for modification there
29 from.
30 4. CalifornIa Labor Code Comollance
31 a. If Prevailing ~age laws apply, SUBRECIPIENT hereby agrees to
32 pay, or cause Its subcontractors to pay, Prevailing Wage rates at all times for all construction,
33 Improvements, or modifications to be completed for COUNlY under this CONTRACT.'
34 SUBRECIPIENT herein agrees that SUBRECIPIENT shall post, or cause to be posted, a copy of
35 the most current, applicable Prevailing Wage rates at the site where the construction,
36 Improvements, or modifications are performed.
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b. Pavroll Records
SUBRECIPIENT agrees that:
Certified copies of all payroll records for this project sha II 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 California COde of Regulations
Section 16401.
Certified copies of payroll records of all subcontractors working
on this project are required. It shall be the responsibility of the prime contractor to ensure
subcontractor compliance.
Certified copies of all payroll records shall be submitted on a
Weekly basis to COUNTY through the duration of thIs CONTRACT.
SUBRECIPIENT acknowledges that failure to comply with Section
1776 may result in a forfeiture of twenty-five dollars ($25) for each calendar day, or portion
thereof, for each worker, until strict compliance Is effectuated, and It should be recognized
that a contractor or subcontractor, or agent or representative thereof who neglects to comply
Is guilty of a misdemeanor pursuant to Labor Code Section ~ 777.
5. Economic Oooortunlties
a. COmollance
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23 This Contract Is may be subject to the requirements of Section 3
24 of the Housing and Urban Development Act of 1968 (12 USC 1701u) as amended, the HUD
2S regulations Issued pursuant thereto at 14 CFR, Part 135, and any applicable rules and orders
26 of HUD issued thereunder prior to the execution of this contract. If applicable, compliance
27 with the aforementioned provisions of "Section 3", shall be a condition of the federal financial
28 assistance proVided under this CONTRACT. Failure to fulfill these requirements shall subject
29 SUBRECIPIENT and any sub-subreclplents, theIr successors and assigns, to those sanctions
30 specified by the contract through which federal assistance Is provided. SUBRECIPIENT
31 certifies and agrees that no contractual.' or other disability exists which would prevent
32 compliance with requirements,
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6 forth In 24 CFR, 135.20(b), below and will also cause this Section 3 clause to be Inserted In
7 anv subcontracts executed with third oarties for work covered bv this Contract.
8 "'The work to be performed under this contract Is subject to the requirements of
9 section 3 of the Housing and Urban Development Act of 1968, as amended, 12
10 U.S.C. 1701u (section 3), The purpose of section 3 Is to ensure that employment
11 . and other economic opportunities generated by HUD assistilnce or HUD-asslsted
12 projects covered by Section 3, shall, to the greatest extent feasible, be directed to
13 low- and very low-Income persons, particularly persons who are recipients of HUD
14 assistarn:e for housing.
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16 135, which Implement Section 3. As evidenced by their executIon of this contract,
17 the parties to this contract certify that they are under no contractual or other
18 Impediment that would prevent them from complying with the part 135
19 regulations.
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The contractor agrees to send to each labor organization or representative of
workers with which the contractor has a collective bargaining agreement or other
understanding If any, a notice advising the labor organization or workers'
representative of the contractor's commitments under this section 3 clause, and
will post copies of the notice in conspicuous places at the work site where both
employees and applicants for training and employment positions can see the
notice. The notice shall describe the section 3 preference, shall set forth minimum
number and job titles subject to hire, availability of apprentIceship and training
positions, the qualifications for each; and the name and location of the person(s)
taking applications for ea~h of the positions; and the anticipated date the work
shall begin.
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The contractor agrees to Include this section 3 clause In every subcontract subject
to compliance with regulations In 24 CFR part 135, and agrees to take appropriate
action, as provided In an applicable provision of the subcontract or in this section
3 clause, upon a flndlng that the subcontractor Is in violation of the regulations in
24 CFR part 135, The contractor will not subcontract with any subcontractor where
the contractor has notice or knowledge that the subcontractor has been found In
violation of the regulations In 24 CFR part 135.
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The contractor will certify that any vacant employment positions, Including
training positions, that are filled (1) after the contractor Is selected but before the
contract Is executed, and (2) with persons other than those to whom the
regulations of 24 CFR part 135 require employment opportunities to be directed,
were not fllled to circumvent the contractor's obligations under 24 CFR part 135.
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8 Noncompliance with HUD's regulations In 24 CFR part 135 may result In sanctions,
9 termination of this contract for default, and debarment or suspension from future
10 HUD assisted contracts.
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With respect to work performed In connection with section 3 covered Indian
housing .asslstance, section 7(b) of the Indian Self-Determination and Education
Assistance Act (25 U.S.C, 4S0e) also applies to the work to be performed under
this contract, Section 7(b) requires that to the greatest extend feasible (1)
preference and opportunities for training and employment shall be given to
Indians, and (II) preference In the award of contracts and subcontracts shall be
given to Indian organizations and Indian-owned Economic Enterprises. Parties to
this contract that are subject to the provisions of section 3 and section 7(b) agree
to comply with section 3 to the maximum extent feasible, but not In derogation of
compliance with section 7(b)..
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6. 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 lS01 et seq.
7. Conflict of Interest
SUBRECIPIENT agrees to abIde by the provisions of 24 CFR 570.611,
OMB Circulars 102 and 110, as applicable, with respect to conflicts of Interest, and covenants
that It presently has no flnanclallnterest and shall not acquire any flnanclal 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 flnanclal Interest shall be employed or retained by
SUBRECIPIENT hereunder. These conflict of interest provisions apply to any person who Is an
employee, agent, consl.\ltant, officer, or elected official or appointed official of COUN1Y or
SUBRECIPIENT, or any designated public agencies which are receiving funds under the CDBG
Entitlement program.
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5 G. CODvrloht
6 If this CONTRACT results In any copyrightable material, COUNTY and/or grantor
7 agency reserves the right to royalty-free, non-exclusive, and Irrevocable license to reproduce,
s publish or otherwIse use and to authorize others to use, the work (I.e., photographs and the
9 like) for government purposes.
10 H. Religious Oraanlzatlon
11 SU~RECIPIENT agrees that funds provided under. this CONTRACT will not be
12 utilized for religious activities, to promote religious Interest, or for the benefit of a religious
13 organization In accordance with the federal regulations. However, In accordance with HUD
14 Notice CPO Q4-10, Issued September 29, 2004, SUBRECIPIENT shall proVide and promote
15 equal treatment to all faith-based organizations In administering Its federal HUD activities,
16 I. Antl-Lobbvlna
17 SUBRECIPIENT certifies that:
18 1. No Federal appropriated funds will be paid, by or on behalf of It, to any
19 person for Influencing or attempting to Influence an officer or employee of any agency, a
20 Member of Congress, an officer or employee of congress, or an employee of a Member of
21 Congress In connection with the awarding of any Federal Contract, the making of any Federal
22 grant, the making of any Federal loan, the entering Into of any Cooperative Agreement, and
23 the extension, continuation, renewal, amendment, or modification of any Federal Contract,
24 grant, loan, or Cooperative Agreementj
25 2. SUBRECIPIENT will complete and submit Standard Form-LLL -Disclosure
26 Df Lobbying Activities," If any funds other than Federal appropriated funds have been paid, In
27 accordance with Its Instructions; and,
28 3. SUBRECIPIENT shall Include subject antl-lobbylng certification In award
29 documents for all sub-subreclplents at all tiers (Including SUb-SUbcontracts, sUb-subgrants, and
30 Contracts under grants, loans, and Cooperative Agreements) and that all sub-subreclpients shall
31 certify and disclose accordingly.
32 XII. ENVIRONMENTAL CONOmONS
33 A. SUBRECIPIENT shall comply with HUO Environmental Review under HUO
34 regulations at 24 CFR 58, which Implement the National Environmental Policy Act (NEPA);
35 and, the California Environmental Quality Act (CEQA). No costs shall be Incurred and no
36 funds shall be disbursed prior to certification by COUNTY and/or HUO of environmental
37 compliance.
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B. SUBRECIPIENT shall Incur no costs for any project-related activity defined In
SUBRECIPIENT SCOPE OF SERVICES and COUNlY shall not disburse funds prior to
certification by COUNlY andlor HUD for environmental compliance.
C. SUBRECIPIENT shall provide requested materials to COUNTY for the
Environmental Review process required by applicable regulations.
D. Air and Water
SUBRECIPIENT agrees to comply wIth the following regulations insofar as they
apply to the performance of this CONTRACT:
1. Clean Air Act, 42 U.S.C" 1857, et seq.
2. Federal Water Pollution Control Act, as amended, 33 U,S.C. 1251, et
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seq.
3. Environmental Protection Agency (EPA) regulations pursuant to 40 CFR
50 and 58, as amended.
E. Flood Disaster Protection
SUBRECIPIENT agrees to comply with the requirements of the Flood Disaster Protection Act of
1973, lnduding 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.
F. 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, and In particular Sub-Part B thereof.
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' (http://www.epa.gov/lead) that such
properties may Indude lead-based paint.
G. 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 rehablUtatlon 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.
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5 H. Enerov Efficiency Standards
6 SUBRECIPIENT agrees to comply. with the California Energy Commission
7 Assembly Bill 970, lltle 24, Part I of the California Code of Regulations (AB970: Building
& Efficiency Energy Standards), In regard to construction and property development, when
9 applicable.
10 XIII. NOTICES
Contract No. KC06661
IDIS No. 1661
Il Any communication with COUNTY and SUBRECIPIENT concerning this CONTRACT shall
12 be directed as follows:
13 COUNTY:
14 'County of Orange
15 Housing and Community Services Department
16 1770 North Broadway
17 Santa Ana, California 92706-2642
1& Attention: ChIef, Contract AdminIstration Section
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20 SUB RECIPIENT:
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City of Seal Beach
211 Eighth Street
Seal Beach, California 90740
Attention: Paul Da Veiga
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11 SUBRECIPIENT*:
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13 City of Seal Beach,
14 a municipal corporation,
IS In the State of California
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17 By:
18 Name: Lee Whittenburg
19 Title:. Director of Development Services
20 Date:
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IN WITNESS WHEREOF, CITY has caused thIs CONTRACT to be executed by Its Director e
of Development Services and Its Senior Planner; COUNTY has caused this CONTRACT to be
executed by the DIRECTOR of the Housing and Community Services Department; all 'havlng
been duly authorized by ~he City Council of SUBRECIPIENT and the Orange County Board of
Supervisors, respectively.
By:
Name: Paul Da Veiga
Title: Senior Planner
Date:
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*For,ContractorsNendors that are a corporation. Signature requirements are as follows:
1) One sigQature by the Chairman of the Board, the President or any Vice President,
And
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2) One signature by the Secretary, any Assistant Secretary; the Chief Financial Officer
or an Assistant Treasurer.
For ContractorsNendors that are not a corporation, the person who has authority to bind
the ContractorNendor to a CONTRACT must sign on one of the lines above.
COUNTY OF ORANGE, a political
subdivision of the State of California
By:
DIRECTOR,
Housing and Community
Services Department
Date:
COUNTY COUNSEL,
APPROVAL AS TO FORM:
Date: ADM I 5. 2006
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10 This Scope of Services is part of the Contract between the County of Orange
11 and City of Seal Beach, SUBRECIPIENT, dated
12 It Is Incorporated into that Contract as though fully set forth therein:
Scope of Services
CDBG Contract No. KC06661
IDIS No. 1661
COMMUNITY DEVELOPMENT BLOCK GRANT
SUBRECIPIENT SCOPE OF SERVICES
(Program Year 2006-07)
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14 mLE OF PROJECT: Leisure World ADA Housing Rehabilitation Program
15 SUBRECIPIENT: City of Seal Beach
16 ACTIVITY: Housing 570.202 (a) (1)
17 MATRIX CODE: 14A Rehab: Single Unit Residential
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19 I. SCOPE OF SERVICES
20 A. ActIvIties
. 21 SUBRECIPIENT will be responsible for administering a Year 2006-07
22 Community Development Block Grant project described as follows In a manner
23 satisfactory to the COUNiY and consistent wIth any standards required as a condition
24 of providing these funds:
2S Proiect DescriptIon
26 Funds will be used to complete the rehabilitation of 30-35 sIngle-family units In
21 the Leisure World Community of Seal Beach. The rehabilitation work will consist of
28 modifications to the Interior living space of each unIt to provide greater accessibllity
29 to each bathroom. No exterior rehabilitation work will occur. The work wi\llnc\ude
30 modifications for accessibility to bathroOms, Including showers and sinks as needed.
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6 Contract, the SUBRECIPIENT agrees to meet the following level(s) of
7 accomplishment:
8 Scooe of Work
9 Use of Funds Level of Accomolishment
10 No.1: Housing Rehabilitation 30 Units
Scope of Services
CDBG Contract No. KC06661
IDIS No, 1661
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12 C. .National Obiective
13 The subject activities are consistent In complying with the following
14 national objective as set forth in 570.208 (a) (3).
IS Direct Benefit - Low and Moderate Income: Low Mod Housing
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17 D. Program Impact (outcomes): describe to what extent this activity delivered
18 the desired outcomes In the community or In the lives of the persons assisted:
19 2. Decent Affordable Housing. 2. Affordabllitv
20 II. BUDGET .
21 A. This contract is In an amount not to exceed $200,000.00(Two Hundred
22 Dollars and 00/100).
23 B Project Funding Budget
24 1. The subject proposal will be financed under this contract as
25 follows:
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Housing Rehabilitation 570.202 (a) (1)
$ 200,000.00
$ 200,000,00
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Scope of Services
CDBG Contract No. KC06661
IDIS No. 1661
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6 2. Funds shall be used for the following items:
7 Costs relating to the rehabilitation of single-family units in the Leisure World
8 Community of Seal Beach. The rehabilitation work will consist of modifications to the
9 interior living space of each unit to provIde greater accessibility to each bathroom.
10 No exterior rehabilitation work will occur. The work will include modifications for
11 accessibility to bathrooms, Including showers and sinks as needed.
12
13 3. Line items identified In Section I1.B.l, above are to be considered
14 as estimates, Compensation for costs Incurred during the life of this' contract may
15 be reallocated between said line items, Upon written request by SUBRECIPIENT and
16 wrItten approval by the DIRECTOR, compensation may be reallocated to address any'
17 costs incurred for previously unbudgeted uses eligible under the applicable State and
18 Federal regulations, particularly the Federal regulations at CFR 24 Part 570, 202 (a)
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21 III, SUBRECIPIENT CONTACT
22 City of Seal Beach
23 211 Eighth Street
24 Attention: Paul Da Veiga
25 Phone: . (562) 431-2527
26 Fax: (562) 431-4067
27
28 COUN1Y COUNSEL
29 APPROVAL AS TO FORM:
30 Date: Acrll 5. 2006
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1 ExhibIt to Contract No. KC06661
2 IDIS No. 1661
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4 Houslna and Communitv Services Deaartment
5 Child SUDDort Provisions
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9 These Child Support Enforcement Provisions have been approved by the Orange County Board
10 of Supervisors and are hereby Incorporated Into Contract No. KC06661 at the direction of the
11 Director, Housing and Community Services Department.
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16 Child Support Enforcement Requirements
17 1, In order to comply with child support enforcement requIrements of the
18 County of Orange, within 30 days of award of contract, contractor agrees to furnish to the
19 contract administrator:
20 a. In the case of an Individual contractor, hlslher name, date of
21 bIrth, Social SecurIty number, and residence address;
e 22 b. In the case of a contractor doing business In form other than as
23 an Individual, the name, date of birth, Social Security number, and residence address of each
24 Individual who owns an Interest of 10 percent or more In the contracting entity;
25 c. A certification that the contractor has fully complied with all
26 applicable federal and state reporting requirements regarding its employees; and
27 d. A certification that the contractor has fully complied with all
28 lawfully served Wage and Earnings Assignment Orders and Notices of Assignment and will
29 continue to so comply.
30 COUNTY COUNSEL
31 APPROVAL AS TO FORM:
32 Date: ADril 6. 2006
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ExhibIt to Contract No. KC06661
IDlS No. 1661 e
2. The certification will be stated as follows:
hI certifY that City of Seal Beach Is in fuff compliance with all applicable federal and
state reporting requirements its employees and with all lawfully served Wage and
Earnings Assignment Orders and Notices of Assignment and will continue to be in
compliance throughout the term of Contract No. KCD6661 with the County of Orange.
I understand that failure to comply shall constitute a material breach of the co.ntract
and that failure to cure such breach within 60 calendar clays of notice from the County
shall constitute grounds for termination of the contract without cost to the County. .
It Is expressly understood that this data will be transmitted to
government agencies charged with the establishment and enforcement of child support orders
and for no other purposes.
Failure of the contractor to timely submit the data andlor certifications
required above or to comply with all federal and state reporting requirements for child support
enforcement or to comply wIth all lawfully served Wage and Earnings Assignment Orders and
Notices of Assignment shall constitute a material breach of the contract. Fallure to cure such .-
breach within 60 calendar days of notice from the County shall constitute grounds for ..
termination of the contract.
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27 0.0.6.:
Exhibit to Contract No. KC06661
IDIS No. 1661
ORANGE COUNlY CHILD SUPPORT ENFORCEMENT
CERTIFICATION REOUIREMENTS
In the case of an Individual contractor, his/her name, date of birth, Social Security
number, and residence address:
Name:
0,0.6.:
Social Security No:
Residence Address:
In the case of a contractor doing business In a form other than as an individual, the
name, date of birth, Social Security number, and resIdence address of each Individual
who owns an Interest of 10 percent or more In the contracting entity:
Name:
D.O,6.:
Social Security No:
Residence Address:
28 Social Security No:
29 Residence Address:
30
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32 Name:
33 D,O.6.:
34 Social Security No:
35 Residence Address:
36
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Exhibit to Contract No. KC0661
IDIS No. 1661
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CERTIFICATION OF COMPLIANCE
"I certify that
is In full compliance with
(Contractors Name)
all applicable federal and state reporting requirements regarding Its employees and
with all lawfully served "Wage and Earnings Assignments OrdersR and "Notices of
AssignmentsR and will contInue to be in compliance throughout the term of:
1) Co.ntract No. KC06661 or,
2) the Contract for City of Seal Beach. ADA Housina Rehabilitation Prooram with the
County of Orange. I .understand that failure to comply shall constitute a ma~j-ial breach of
the contract and that failure to cure such breach within 60 calendar days of notice from the
County shall constitute grounds for termination of the contract without cost to the County.R
By:
Authorized Signature
Name: Lee Whittenberg
Title: Director of Development Services
.
By:
Authorized Signature
Name: Paul Da Veiga
Title: Senior Planner
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OC Certification 5-21-98
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