HomeMy WebLinkAboutCC AG PKT 2007-09-24 #U
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AGENDA REPORT
DATE: September 24, 2007
TO: Honorable Mayor and City Council
lHRU: David Carmany, City Manager
FROM: Lee Whittenberg, Director of Development Services
SUBJECT: 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 2007-2008
AND AUTHORIZING EXECUTION OF CONTRACT NO.
KC07733 (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 Co=unity
Development Program of the County of Orange, Program Year 2007-2008, and
Authorizing Execution of Contract No. KC07733 (Leisure World ADA Housing
Rehabilitation Program). Receive and File Staff Report.
BACKGROUND:
On December 12, 2005 the City Council. conducted a public hearing regarding an
application for funding by the Co=unity 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 third year funding cycle for this
application.
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The subject resolution will authorize designated staff to execute Contract No. KC07733
for implementation of the program for fiscal year 2007-2008. It is estimated that a
minimum of30 housing units within Leisure World will be assisted through this program.
Agenda Item U
Z.'lMy Documonts\CDBG\2007-2008 Leisure World ConbBct Exocution.CC SlBffhporldoc\L WlO!l-IO-07
Program Year 2007-2008 Contract Execution - Contract No. KC07733
Leisure World ADA Housing Rehabilitation Program
City Council Staff Report
September 24, 2007
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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 2007-2008, and
Authorizing Execution of Contract No. KC07733 (Leisure World ADA Housing
Rehabilitation Program). Receive and File Staff Report.
NOTED AND APPROVED:
ee Whittenberg
Director of Development Servi
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David Carmany
City Manager
Attachments: (2)
Attachment 1:
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 2007-
2008, and Authorizing Execution of Contract No. KC07733
(Leisure World ADA Housing Rehabilitation Program)
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Attachment 2:
Contract No. KC07733 - "Leisure World ADA Housing
Rehabilitation Program" - Fiscal Year 2007-2008
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2007-2008 leISure World Contract ExCCUtiOILCC StaffRcport
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Program Year 2007-2008 Co1ll1'act Execution - Contract No. KC07733
Leisure World ADA HUUJling Rehabilitation Program
City Council Stqff Report
September 24. 2007
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
DEVELOPMENT PROGRAM OF THE
COUNTY OF ORANGE, PROGRAM YEAR
2007-2008, AND AUTHORIZING
EXECUTION OF CONTRACT NO. KC07733
(LEISURE WORLD ADA HOUSING
REHABILITATION PROGRAM)
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2007-2008 LoiouIe World COOlnlol Execution.CC StBfI'Roport
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RESOLUTION' NUMBER
A RESOLUTION OF TIlE CITY COUNCll.. 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. 2007.2008 AND AUTHORIZING EXECUTION
OF CONTRACT NO. KC07733 (LEISURE WORLD ADA
HOUSING REHABll..ITATION PROGRAM)
TIffiCITYCOUNC~OFTIffiCITYOFS~B~CHDOESHeUmY~OLVE:
WHEREAS, it is the intent of the City of Seal Beach to psrticiplte with the County of
Orange for a gront authorized under the Housing ond Community
Development Act of 1974; and
WHER~S, the Housing ond Community Development Act of 1974 luthorizes cities
under 50,000 in population to enter into cooperative agreements with the
county in which they Ire locoted for the purpose of undertaking essentiol
community developmeot activities; and
WHEREAS, the Federal government requires participating cities to provide
certifICations thlt the funds will be obtained and utilized PUIBUont to
Federalllw ond policy; and
WHEREAS, the City Council on December 12, 2005 conducted I public bearing and
Ipproved the following project to be included in the City'l grant proposol:
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LeIsure World ADA Housing Rehabilitation
Program: $200,000
Census Tracl5 995.09 ond 995.10 encontposs Leisure World, ond
as a priVlte community the City does not provide ony major
services or oslistance programs within Leisure World. The Leisure
World tracts were IpproVed for inclusion in e proposed
reblbilitation ossistance program with CDBG for fiscal years
2005-2006 through 2007-2008 in the amount of $200,000 per
fiscol yair to serve on estimated 30-35 households. The requested
funding level of $200,000 is consistent with the previously
approved funding level by the County of Orange ond is in
accordonce with the County guidelines; ond
WHER~S,
The Leisure World ADA Housing Reblbilitation program hos been
approved by the Orange County Board of Supervisor's ond
Contract No. KC07733 will implement this approved housing
rehabilitation program for Fiscal Year 2007-2008.
NOW, TIffiREFORE BE IT RESOLVED that the City Council of the City of Seal Beach
does hereby authorize the Mayor ond the City Monlger to execute all necessary contract
documents, ond authorizes the Director of Development Services ond to toke all
approprilte actions to comply with ollospects of contract odministration and compliance.
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PASSED, APPROVED AND ADOPI'ED by the City Council of Seal Beach, at a regulor
meeting held on the 24th day of Seotember . 2007 by the following vote:
AYES: Councilmembero
NOES: Councilmembers
ABSENT: Councilmembero
ABSTAIN: Councilmembero
Mayor
A1TEST:
City Clerk
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STATEOFCALIFORNIA }
COUNTY OF ORANGE I SS
CITY OF SEAL BEACH I
I, Linda Devine, City Clerk for the City of S..I Beach, Colifomia, do bereby certify that
the foregoing resolution is the original copy of Resolution Number _ on file in the
office of the City Clerk, passed, opprovcd, and adopted by the City Council of the City of
Scsi Beach, at 0 regular meeting held on the 24th dey of Scotember . 2007.
City Clerk
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Program Year 2007-2008 Contract Execution - Contract No. KC07733
Leisure World ADA Housing Rehabilitation Program
City Council Stqff Report
September 24. 2007
ATTACHMENT 2
CONTRACT NO. KC07733 - "LEISURE
WORLD ADA HOUSING REHABILITATION
PROGRAM" - FISCAL YEAR 2007-2008
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2097-2008 Lois... World Cootroct Execution.cc StatfReport
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Contract No. KC07733
IDIS No. 1733
COUNTY OF ORANGE
HOUSING AND COMMUNITY SERVICES DEPARTMENT
COMMUNITY DEVELOPMENT BLOCK GRANT-PARTICIPATING CITY
(Program Year 2007-08)
TITLE OF PROJECT: City of Seal Beach - Leisure World ADA Housing Rehabilitation Program s
570.202(a)(1) 14A Rehab: Single Unit Residential
This agreement, hereinafter referred to as "CONTRACTn, is entered into on
BY AND BETWEEN
City of Seal Beach, a municipal corporation,
In the State of California, and hereinafter
referred to as "SUBRECIPIENr'.
AND
COUNTY 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 "COUNTY".
RECITALS
This CONTRACT Is made with reference to the following facts, among others:
WHEREAS, COUNTY has applied for and anticipates receiving funds from the United
States Department of Housing and Urban Development, hereinafter referred to as "HUDn,
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, COUNTY 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 commu.n!ty development and hOUSing assistance
activities; and
WHEREAS, SUBRECIPIENT has submitted to COUNTY an application for funding of a
housing and community development activity; and
WHEREAS, COUNTY 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. KC07733
IDIS No. 1733
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WHEREAS, HUD, in accordance with 24 CFR Part 570 Subpart 0, 570.902, will annually
review the performance of COUNTI to determine whether COUNTI 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 ftl.5 ratio" threshold; and
WHEREAS, COUNlY approved an allocation of $200,000.00 (Two Hundred Thousand
Dollars and 00 Cents) In project funding to SUB RECIPIENT for the Fiscal Year 2007-08; and
WHEREAS, HUD has accepted and certified the ANNUAL AcrION PLAN.
WHEREAS, COUNlY engages SUBRECIPIENT to assist COUNlY 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 COUNlY 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.
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B. HOUSING AND COMMUNITY SERVICES DEPARTMENT (HCS): COUNlY
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. CONSTRUcrION BID PACKAGE: A package of bidding documents which includes
the proposal, bidding instructions, CONTRACT documents, detailed estimated costs, and plans
III.:
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1 Contract No. KC07733
2 IDIS No. 1733
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4 and specifications for a construction project, all prepared In accordance with applicable
5 Federal regulations.
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7 G. GRANTEE PERFORMANCE REPORT (GPR) INFORMATION FORM: A PROJECT
8 activity data document provided by COUNlY to SUBRECIPIENT used to monitor and track the
9 performance of SUBRECIPIENT.
10 H. HOUSING AND COMMUNIlY SERVICES (HCS) POUCY ON DOCUMENTING
11 SUBRECIPIENT COSTS: A COUNlY document setting policies regarding types of
12 documentation required to support the costs incurred and paid (Including but not limited to
13 copies of paid invoices, certifted payroll registers, bank statements, etc.).
14 I. PROJECT: Any site or sites, including buildings, and/or activities assisted with
15 federal program funds.
16 J. PROGRAM ADMINISTRATION: An activity relating to the general management,
17 oversight and coordination of community development programs. Costs directly related to
18 carrying out eligible activities are not included.
19 K. OMB: Federal Office of Management and Budget.
20 L. CAPER: Consolidated Annual Performance and Evaluation Report. An annual
21 published report to HUD and the public on all hOUSing-related activities.
22 M. CDBG: Community Development Block Grant funds.
23 O. SUBSTANTIAL AMENDMENT: The County will consider a change In project
24 scope as a ~substantlal amendment. under the follOWing circumstances:
25 1. County or subreclplent decides not to carry out an activity previously
26 described In the Annual Action Plan;
27 2. County or subreclplent carries out an activity not previously described in thli"
28 Annual Action Plan;
29 3. County or subreciplent changes the purpose, scope, location or beneftciaries
30 of an activity;
31 4. County or subreclpient changes the use of CDBG funds from one eligible
32 activity to another;
33 5. County or subreclplent changes 25% or more In one program activity.
34 III. CONDmONS OF FUNDING
35 A. County advises SUBRECIPIENT that a significant change In entitlement funding
36 may result in a change in the current process utilized by COUNlY to determlne funding
37 allocations. SUBRECIPIENT acknowledges that the obligation of the COUNlY is contingent
38 upon the availability of Federal, State or local Government funds, which are appropriated or
39 allocated for the payment of such an obligation. If funding levels are slgnlftcantly affected by
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Contract No. KC07733
IDIS No. 1733
Federal budgeting or If funds are not allocated and available for the continuance of the
function performed by SUBRECIPIENT, the CONTRACT may be terminated by the COUN1Y at
the end of the period for which funds are available. The COUN1Y shall notify SUBRECIPIENT
at the earliest possible time of any service, which will or may be affected by the shortage of
funds. No penalty shall accrue to the COUNTY In the event this provision Is exercised and the
COUNlY 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 constructed as obligating the
COUNlY to expend or as involving the COUNlY in any contract or other obligation for the
future payment of money In excess of appropriations authorized by law.
B. Eligible costs related to services provided by SUBRECIPIENT must be incurred
during the period beginning July 1, 2007. The PROJECT shall be completed and all funds
proVided through this CONTRACT shall be expended on eligible PROJECT activities prior to
June 30, 2008. The term of this CONTRACT may be extended upon mutual agreement of the
parties In writing in accordance with Section IV.D. below. COUNTY will reclaim any unused
balance of funds for reallocation to other COUNlY approved projects if such extension does
not occu r.
C. SUBRECIPIENT may be eligible to request additional funding up to the maximum
set forth in the applicable FY 2007-08 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
CONTRACT. Furthermore, SUBRECIPIENT shall demonstrate, to the satisfaction of DIRECro~
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. COUNlY, through its DIRECTOR without further action by the COUNlY's Board
of Supervisors (hereinafter referred to as "BOARD") and SUBRECIPIENT may by mutual
agreement amend and/or extend this CONTRACT and/or incorporated Subreciplent Scope of
Services, at any time, up to 45 (forty-fi,!,e) days prIor to CONTRACT expiration, provided that
the proposed action is not a SUBSTANTIAL AMENDMENT as defined herein and by the "FY
2007-2008 Funding Allocation Policy and Process & Citizen Participation Plan", any such
amendment makes specIfic reference to this CONTRACT, Is executed In writing, and signed by
a dl.liy authorized representative of the SUBRECIPIENT's organization. SUBRECIPIENT's
written request to amend must Include a revised budget for funds being extended, If that
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Contract No. KC07733
IDIS No. 1733
budget is different In scope from the originally agreed upon SUBRECIPIENT SCOPE OF
SERVICES. SUBRECIPIENT must also comply with the original thresholds and milestones
outlined In Section VII.B. herein. Such amendment shall not Invalidate this CONTRACT, nor
relieve or release COUNIY or SUBRECIPIENT from their respective obligations under this
CONTRACT. Any proposed amendment to this CONTRACT shall be submitted to DIRECTOR,
and approved by DIRECTOR In writing prior to commencement of any activity covered by said
amendment.
B. SUBRECIPIENT agrees that COUNIY may, at Its sole discretion, amend this
CONTRACT to conform with federal, state or local governmental guidelines, policies, and
available funding amounts.
C. If any amendment results In a change In the fundIng amount, SUBREClPIENT
SCOPE OF SERVICES, threshold and milestone dates or schedule of actIvItIes to be
undertaken as part of this CONTRACT, such modifications wUl be Incorporated only by written
amendment executed by DIRECTOR AM SUBRECIPIENT.
D. CONTRACT Extension
1. The term of this CONTRACT and the provisions herein may be extend~~
to cover an additional time period as specified herein.
2. The date for PROJECT completion and expenditure of all funds may be
extended by the DIRECTOR without further action by the BOARD for a period not to exceed
six (6) months from June 30, 2008. All extension approvalS must be in writing and Signed by
the DIRECTOR. In the event of such extension, the deadline for submittal of invoices shall be
forty-five (45) days after the new expiration date.
3. CONTRACT extension provisions are not aDDllcable to PROGRAM
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ADMINISTRATION activities.
V. PAYMENTS
A. Funds from COUNIY to SUBRECIPIENT shall be disbursed subsequent to
availability of funds from HUD to COUNIY.
B. Funds shall not be disbursed for any costs Incurred prior to the certification by
COUNIY and/or HUD of Certlflcate(s) of Insurance and environmental compliance, as further
defined In Section VI and Section XII of this CONTRACT. Additionally, when applicable, no
funds shall be disbursed prior to submittal of certified payroll documentation to COUNIY with
each Invoice package/request for payment, as further defined In Section XI.
C. CONTRACT Amount
It Is expressly agreed and understood that the total amount to be paid by
COUNIY under this CONTRACT shall not exceed $200,000.00. Reimbursement for the
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Contract No. KC07733
IDIS No. 1733
payment of eligible project expenses shall be made in accordance with the budget specified in
Section II. of SUBRECIPIENT SCOPE OF SERVICES.
D. Readiness
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 tlmellne requirements; and, executed
Architects and Engineers (hereinafter referred to as "A&E") contract wIth specific project
tlmelines consistent with funding. By September 30, 2007 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 will 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 Project 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, 2007, and must provide adequate documentatiol) as required by
COUNTY In accordance with the COUNTY's Housing and Community Services Department,
(hereinafter referred to as "HCS") Polley for Documenting Subreclpient 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 prescrlbed-
by _COUNTY. Failure to provide any of the required documentation and reporting l!lIll 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.; including an explanation as to why no Invoices
were being processed, shall be required In lieu of a request for reimbursement.
3. The following "Required Expenditure Threshold" criteria has been
established to gUide the SUBRECIPIENT In structuring and scheduling their expenditure of
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
futur;e award of funds, additional funding requests and/or determinations for the recapture of
funding.
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Contract No. KC07733
IDIS No. 1733
Milestone Date
December 31, 2007
January 31,2008
March 31, 2008
Minimum Reoulred
EXDenditure Threshold
50% of Contracted Amount Expended
70% of Contracted Amount Expended
80% of Contracted Amount Expended
4. SUBRECIPIENT will have forty-five (45) days following the expiration of
the CONTRACT to submit outstanding Invoices for reimbursement of eligible costs Incurred
during the CONTRACT period. After the forty-five (45) day period for submitting Invoices has
expired, COUNTY shall reallocate the remaining balance under this CONTRACT for other
program purposes and SUBRECIPIENT shall be Ineligible for any further reimbursement.
F. Prooram Income
1. SUBRECIPIENT shall comply with regulations set forth in 24 CFR
570.504, as well as all applicable State or COUNTY regulations concerning the reporting and
payment procedures for program Income.
2. All Program Income accrued shall be returned to COUNTY or drawn down.
prior to SUBRECIPIENT receiving any reimbursement from grant funds prOVided under this
CONTRACT. SUBRECIPIENT agrees to execute the appropriate COUNTY standardized
CONTRACT when returning and using program income funds.
3. SUBRECIPIENT shall provide Information of the receipt of PROGRAM
INCOME by SUBRECIPIENT related to PROJECT on all GPR INFORMATION FORMS submitted
with requests for reimbursement.
4. SUBRECIPIENT shall complete and submit a Year-End Program Incom!,
Worksheet, Including any reimbursement remittance necessitated therein, by July 15,
fOllowing the fiscal year In which this CONTRACT Is In force.
VI. GENERAL ADMINISTRATION
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. IndeDendent Contractor
Nothing contained in this CONTRACT Is Intended to, or shall be construed In any
manner, as creating or establishing the relationship of employer/employee between the
parties. SUBRECIPIENT and its subcontractors shall at all times remain Independent
contractors with respect to the services to be performed under this CONTRACT. COUNTY shall
be exempt from payment of any Unemployment Compensation, FICA, retirement, life and/or
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Contract No. KC07733
IDIS No. 1733
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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
COUNl'Y and indemnify COUNlY, Its elected and appointed officials, officers, employees,
agents and those special districts and agencies which COUNl'Y's Board of Supervisors acts as
the governing board ("COUNl'Y 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 and/or its subcontractor's use of funds,
performance or nonperformance of the project and/or scope of work called for In this
CONTRACT.
D. Asslanabllltv
SUBRECIPIENT shall not assign or transfer any Interest In this CONTRACT
without the prior written consent of COUNl'Y.
E. Subcontracts .
1. SUBRECIPIENT shall submit all subcontract agreements to COUNlY for
review and consent prior to entering into such subcontracts. For construction subcontracts,
SUBRECIPIENT shall submit the Construction Bid Package to COUNlY 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 fl:Ionltor 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 actlon(s)
to correct any area(s} of CONTRACT non-compliance. Documentation shall be made available
for periodic monitoring by representatives of COUNlY and/or HUD.
F. Relocation
SUBRECIPIENT shall, In all matters relating to the project:
1. Take all reasonable steps to minimize displacement by providing tenants
reasonable opportunity to lease and occupy dwelling units in the project being Improved; and,
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1 Contract No. KC07733
2 IDIS No. 1733
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4 2. When applicable, submit to COUNTY a Plan outlining financial and
5 advisory assistance in securing temporary housing for any eligible tenant who Is temporarily
6 or permanently relocated due to the project.
7 3. Comply with the Uniform Relocation Assistance and Real Property
8 AcquisItion Policies Act of 1970, as amended by the Uniform Relocation Act/URA, 49 CFR Part
9 24 and 24 CFR 570.606 for persons displaced by the project; and,
10 4. Have In effect and follow a residential anti-displacement and relocation
11 plan required under section 104(d) of the Housing and Community Development Act of 1974,
12 as amended, In conjunction with any activity assisted with funding under the subject
13 program.
14 G. Fair Houslna
15 SUBRECIPIENT shall affirmatively further fair housing In accordance with 24
16 CFR 570.904.
17 H. Insurance
18 No costs shall be Incurred and no funds shall be disbursed prior to written
19 certification of aDDroval by COUNTY of Insurance fulfillment.
20 1. SUBRECIPIENT, at Its own expense, agrees to deposit with COUNTY prior
21 to the execution and provision of services under this CONTRACT, Certificates of Insurance,
22 including all endorsements required herein, necessary to satisfy COUNTY that the Insurance
23 provisions of this CONTRACT have been camplled with, and to keep such Insurance and the
24 certificates therefore on deposit with COUNTY during the entire term of this CONTRACT. In
25 addition, all contractors and subcontractors performing work on behalf of SUBRECIPIENT
26 pursuant to this CONTRACT shall be covered under SUBRECIPIENT's Insurance or shall obtain
27 Insurance subject to the same terms and conditions as set forth herein for SUBRECIPIENT.
28 SUBRECIPIENT shall require that any contractor or subcontractor working for SUBRECIPIENT
29 have the Insurance required by this section and not allow contractors or subcontractors to
30 work If the contractors or subcontractors have less than the level of coverage required by the
31 COUNTY under this CONTRACT. SUBRECIPIENT shall provide notice of the insurance
32 requirements to every contractor or subcorftractor, and to receive proof of Insurance prior to
33 allowing any contractor or subcontractor to begin work. Such proof of insurance must be
34 maintained by SUBRECIPIENT through the entirety of this CONTRACT for inspection by
35 COUNTY representative at any reasonable time. All Insurance policies required by this
36 CONTRACT shall declare any deductible or self-Insured retention (SIR) In an amount In excess
37 of $25,000 ($5,000 for automobile liability) which shall specifically be approved by COUNTY
38 executive Office/Office of Risk Management. SUBRECIPIENT shall be responsible for
39 reimbursement of any deductible to the Insurer.
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2. SUBRECIPIENT shall maintain insurance acceptable to COUNTY in full
force and effect throughout the term of this CONTRACT. If SUBRECJPJENT falls to maintain
Insurance acceptable to COUNTY for the full term of this CONTRACT, COUNTY may terminate
this CONTRACT.
3. The policy or policies of Insurance must be issued by an insurer licensed
to do business In the State of California (California Admitted Carrier).
4. Minimum Insurance company ratings as determined by the most current
edition of the Best's Kev Ratlno GUlde/ProDerty-Casualtv/United States or ambest.com
shall be A- (Secure Best's Rating) and VIII (Financial Size Category). SUBRECJPJENT will file
with COUNTY, prior to the commencement of performance of services under this CONTRACT,
an original Certificate of Insurance and all required endorsements evidencing that coverage
requIred by this CONTRACT is In effect.
S. If the carrier is a non-admitted carrier in the State of California, COUNTY
Executive OfficelOfflce 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:
Minimum Limits
$1,000,000 combined single limit
per occurrence
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Coveraae
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Commercial General Liability to
include a Broad Form Property
Damage Endorsement, Including the
Peril of Fire, and Contractual Liability
$2,000,000 Aggregate
$1,000,000 combined single limit
per occurrence
Automobile Liability Including all
owned non-owned and hIred vehicles
Workers' Compensation
Statutory
Sexual Misconduct
$1,000,000 per occurrence
Employer's Liability $1,000,000 per occurrence
7. Each insurance policy required by this CONTRACT shall be endorsed to
contain the following provisions:
a. This insurance shall not be changed, cancelled, limited in scope of
coverage or non-renewed until after 30 days written notice has been given to COUNTY of
Orange/HCS (Endorsement must be attached to Certlficate of Insurance). If a 30-day notIce
of cancellation endorsement is not receIved, the cancellation clause must include language as
follows, which edits the pre-printed ACORD certificate:
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Should any of the above described policies be cancelled before the expiration date thereof,
the Issuing company will mail 30 days written notice to the certificate holder named as:
County Of Oranoe/Houslno and Community Services Deoartment.
b. All rights of subrogation are hereby waived against COUNlY, It's
elective and appointed officials, officers and employees when acting within the scope of their
employment or appointment, and COUN1Y and their Board or Commissions, which are
governed by COUN1Y Board of Supervisors. (Endorsement must be attached to Certificate of
Insurance).
c.
of COUN1Y, COUN1Y
Compensation/Employers'
Insurance).
As respects operations of the named Insured performed on behalf
Is added as an additional Insured except for Workers'
Uability. (Endorsement must be attached to Certificate of
d. SUBRECIPIENT Is aware of the provisions of Section 3700 of the
California Labor Code which requires every employer to be Insured against liability for
Worker's Compensation or be self-Insured in accordance with the provisions of that code. The
SUBRECIPIENT will comply with such provisions and shall furnish the 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
occurrences.
e. It Is agreed that any Insurance maintained by COUN1Y will apply
In excess of, and not contribute with, Insurance provided by this policy. (Endorsement must
be attached to Certificate of Insurance for the General Uabillty policy).
f. Commercial General Liability pOlicy shall contain a severability of
interests clause.
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 current Insurance marketplace conditions.
In addition, COUNlY 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. 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 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.
I. Grantor Recoanltlon
SUBRECIPIENT shall Insure recognition of the role of the COUNTY in providing
services through this CONTRACT. All activities, facliltles 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.
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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 the
activities to be funded under this CONTRACT. Such records shall Include, but not be limited
to:
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1. Records providing a full description of each activity undertaken;
2. Records demonstrating that each activity undertaken meet one of the
National Objectives of the CDBG program;
3. Records required to determine the eligibility of activities;
4. Records required to document the acquisition, Improvement, use, or
disposition of real property acquired or Improved with CDBG assistance;
5. Records documenting' compliance with the fair hOUSing and equal
opportunity components of the COBG program;
6. Financial records as required by 24 CFR 570.502, and OMS Circular A-
87; and
7. Other records necessary to document compliance with Subpart K of 24
CFR 570.
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K. Retention
SUBREC1P1ENT shall retain all records pertinent to expenditures incurred under
this CONTRACT 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 findings, whichever occurs
later. Records for non-expendable property acquired with funds under this CONTRACT shall
be retained for five (5) years after final disposition of such property. Records for any
displaced person must be kept for five (5) years after slhe has received final payment.
L. Client Data
1. SUBREC1P1ENT 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 findings, whichever occurs
later. Such data shall be consistent and Include, but not be limited to, client name, address,
verifiable Income level (as documented by income tax returns, employee payroll records,
retirement statements, etc. or other third party documentation acceptable to COUNTY, for
determining eligibility), and description of service provided. Such Information shall be made
available to HUO representatives, COUNTY monitors, or their designees, for review upon
request.
2. SUBREC1P1ENT shall develop and Implement procedures to ensure the
confidentiality of records pertaining to any Individual provided family violence prevention or
treatment services under any project assisted under the subject program, Including protection
against the release of the address or location of any family violence shelter project, except
with the written authorization of the person responsible for the operation of the shelter.
M. Prooertv Records _
SUBRECIP1ENT 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
,
SUBRECIP1ENT'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; submitting 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.
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O. EauiDment
SUBRECIPIENT shall use, manage and dispose of equipment In accordance with
24 CFR 85.32 and 24 CFR 570.502.
VII. PERFORMANCE
A. SUBRECIPIENT shall comply with all applicable HUD regulations, as described in
Section XI 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 COUN"TY or HUD and shall be submitted
by SUBRECIPIENT In report form to COUN"TY by dates specified by COUNlY.
B. The following "Performance ThresholdN criteria shall be used to assess the level
of performance of the SUBRECIPIENT. Furthermore, the criteria will be considered by HCS
when determining future funding. In order to be considered In compliance with the following
performance criteria, the SUBRECIPIENT must, on or before the required milestone date,
submit to HCS a request for reimbursement which demonstrates that SUBRECPIENT has
expended funds and met their proposed accomplishment goals at the required levels, unless
exempted in writing by the DIRECTOR.
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Minimum
Performance Exoenditure and
Milestone Date AccomDiishment Thresholds
October 31,2007 30% of Contracted Amount Expended and
30% of Proposed Accomplishments Met
December 31, 2007 50% of Contracted Amount Expended and
50% of Proposed Accomplishments Met
January 31, 2008 70% of Contracted Amount Expended and
70% of Proposed Accomplishments Met
March 31, 2008 80% of Contracted Amount Expended and
80% of Proposed AccompliShments Met
Failure to achieve at least the aforementioned 50% draw down, without written
exemption approved by the DIRECTOR, may cause any remaining balance In this CONTRACT
to be reclaimed by COUN"TY, and will negatively affect future funding to SUBRECIPIENT.
Failure to achieve the aforementioned 80% draw down goal, without written
exemption approved by the DIRECTOR, may cause any remaining balance In this CONTRACT
to be reclaimed by COUN"TY, and will impact future funding to SUBRECIPIENT.
. C. SUBRECPIENT shall complete and submit a Year End GPR Information Form by
July 15, following the fiscal year In which this CONTRACT is in force.
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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 complete and submit a Mid-Year End GPR at the time of the completion,
cancellation or termination. Said GPR Information Form shall consist of a cumulative reporting
of project-related expenditures and accomplishments relative to the attached SUBRECIPIENT
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.
F. SUBRECIPIENT acknowledges that the GPR Form Is a monitoring tool that will
be reviewed and evaluated to determine SUBRECIPIENTs level of performance relative to th!~
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 and/or HUD shall consist
<=0"
of requested and/or required written reporting, as well as onslte monitoring by COUNTY or
HUD representatives.
B. COUNTY shall periodically evaluate SUBRECIPIENTs progress in complying with
the terms of this CONTRACT. SUBRECIPIENT shall cooperate fully during such monitoring.
C~UNTY shall report the findings of each m~nltorlng to SUBRECIPIENT.
C. COUNTY shall monitor the performance of SUBRECIPIENT against the goals,
outcomes, milestones and performance standards required herein. Substandard performance,
as determined by COUNTY, will constitute non-compliance with this CONTRACT for which
COUNTY may immediately terminate the CONTRACT. If action to correct such substandard
performance Is not taken by SUBRECIPIENT within the tlme period specIfied by COUNTY,
payment(s) will be denied In accordance with the provisions contained In Section V of this
CONtRACT.
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IX. MOOlFICATIONS/TRANSFERS OF REAL PROPERTI'
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 COUNTI', after expiration of the CONTRACT and close-out of SUBRECIPIENrs
participation in the COBG 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,
2. Disposed of in a manner that results In COUNTI' being reimbursed in an
amount equal to the current fair market value of the property less any portion of the value
attributable to expenditures of non-COBG funds for acquisition of, or Improvement to, the
property. Such reimbursement is not required after the period of time speCified in accordance
with IX. B. 1. above.
X. AUDITS
If SUBRECIPIENT expends Federal funds In a fiscal year which equal or exceed
$500,000 (five hundred thousand dollars and no cents) as specified In OMB Circular A-133-
Revised, SUBRECIPIENT shall cause an audit at SUBRECIPIENT's expense 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 authority to require SUBRECIPIENT to
submit similarly prepared audit at SUB~CIPIENT's expense even In Instances when
SUBRECIPIENrs expenditure is less than $500,000. SUBRECIPIENT will be required to
Identify corrective action taken In response to any findings Identified by CPA related to their
funded activity or program.
SUBRECIPIENT shall submit two (2) copies of such audit report, Including a copy of the
management letter, to COUNTI' 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 COUNTI' denying reimbursement of funds to SUBRECIPIENT,
as well as future funding qualification. SUBRECIPIENTS, which are exempt from statutory
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audit requirements, shall maintain records, which are available for review by COUNTY or
Federal officials. SUBRECIPIENT acknowledges that any and all "Financial Statements.
submitted to COUNTY pursuant to this COUNTY become Public Records and are subject to
public Inspection pursuant to Sec.6250 et seq. of the California Government Code.
XI. FEDERAL ADMINISTRATIVE REQUIREMENTS
A. Financial Manaaement
1. Accountlna Standards
SUBRECIPIENT agrees to comply with Office of Management and BUdget
(herein referred to as "OMB") Circular A-87 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 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, "Uniform Administrative Requirements for
.<
Grants and Cooperative Contracts 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 Rlahts
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 hlrfng, 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 ather forms of compensation, and selection for training, Including
apprenticeship. SUBRECIPIENT agrees to post in conspicuous places, available to employees
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and applicants for employment, notices to be provided by the COUNTY setting forth the
provisions of this nondiscrimination clause.
3. 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 CONTRACr.
C. Oruo-Free Workolace
SUBRECIPIENT shall continue to provide a drug free workplace by:
1. Publishing a statement notifying employees that the unlawful
manufacture, distribution, dispensing, possession, or .use of a controlled substance Is
prohibIted in the SUBRECIPIENT's workplace and specifying the actions that will be taken
against employees for violation of such prohibItion;
2. Establishing an ongoing drug-free awareness program to Inform
employees about:
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a. The dangers of drug abuse In the workplace;
b. The SUBRECIPIENT's policy of maintaining a drug-free workplace;
c. Any available drug counseling, rehabilitation, and employee
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d. The penalties that may be Imposed upon employees for drug
abuse violations occurring in the workplace;
3. Making It a reqUirement that each employee engaged in th~f.
performance of the grant be given a copy of the statement required by paragraph C.1;
4. Notifying the employee In the statement required by para9.raph C.1.
that, as a condition of employment under the grant, the employee will:
a. Abide by the terms of the statement;
b. Notify the empl~yer In writing of his or her conviction for a
violation of a criminal drug statute occurring in the workplace, no later than five (5) calendar
days after such conviction;
5. Notifying COUNTY In writing, within ten (10) calendar days after
receiving such notice as stated under paragraph C.4 (b) from an employee or otherwise
receiving actual notice of such conviction. Employers of convicted employees must provide
notice, including position title, to every grant officer or other designee on whose grant activity
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the convicted employee was working, unless COUNTY has designated a central point for the
receipt of such notices. Notice shall include the identification number(s) of each affected
grant; and,
6. Taking one of the following actions, within thirty (30) calendar days of
receiving notice, as stated under paragraph C.4 (b), with respect to any employee who I~ so
convicted:
a. 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,
b. Requiring such employee to participate satisfactorily in a drug
abuse assistance or rehabilitation program for such purposes by Federal, State, or local
health, law enforcement, or ~ther approprlate agency.
D. Affirmative Action
SUBREC1PIENT agrees that It shall be committed to carry out an Affirmative
Action Program that encompasses the principles prOVided In President's Executive Order
11246, as revised on January 4, 2002.
E. Americans with Disabilities Act
SUBRECIP1ENT agrees to comply with any federal regulations Issued pursuant
to compliance with the Americans with Disabilities Act which prohibits discrimination and
ensures equal opportunity for persons with disabilitIes In employment, State and local
government services and public accommodations.
F. EmDlovment Restrictions
1. Prohibited Actlvltv
SUBREC1PIENT Is prohibited from USing funds provided herein, or
personnel employed In the administration of the program, for: political activities, sectarian or
religious activities, lobbying, political patronage, and nepotism activities.
2. ~
Where employees ar'7 engaged In activities not covered under the
Occupational Safety and Health Act of 1970, they shall not be required or permitted to work,
be trained, or receive services In buildings or surroundings or under working conditions, which
are unsanitary, hazardous or dangerous to the participants' health or safety.
3. Labor Standards
a. SUBRECIPIENT agrees to contact COUNTY no less than fourteen
(14) days prior to bid opening date to seek consultation regarding application of reqUirements
per l'ederallabor standards regulations or Davis-Bacon related Acts.
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b. As this CONTRACT is funded in whole or part by Federal funds,
SUBRECIPIENT will comply with Federal Labor Standards, as referred to In this CONTRACT. If
the Federal Davis-Bacon determinations differ from the State Prevailing Wage requirement,
SUBRECIPIENT will not pay less than the higher of the two rates.
c. SUBRECIPIENT will comply with Davis-Bacon and/or State
Prevailing Wage requirements, when applicable.
d. As applicable to the subject activity and project... SUBRECIPIENT
agrees to comply with the requirements of the Secretary of Labor In accordance with the
Davis-Bacon Act as amended, 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 Insofar as those
acts apply to the performance of this CONTRACT. If applicable, SUBRECIPIENT shall maintaIn
documentation, which demonstrates compliance with hour and wage requirements of this
part. Such documentation shall be made available to COUNiY for review upon request.
e. SUBRECIPIENT agrees that, except with respect to ttie
rehabilitation or construction of residential property designed for residential use for less than
eight (8) units, all contractors engaged under contracts in excess of $2,000.00 fsr
construction, renovation or repair of any building or work financed In whole or In part with
assistance provided under this CONTRACT, shall comply with federal requirements pertaining
to such Contracts and with the applIcable requirements of the regulations of the Department
of Labor, under 29 CFR, Parts 3, 1, 5, 7 and 1926 governing the payment of wages and ratio
of apprentices and trainees to journeymen; provided, that If wage rates higher than thos!!!'.
required under the regulations are imposed by state or local law, nothing hereunder Is
Intended to relieve SUBRECIPIENT of Its obligation, if any, to require payment of the higher
rate. SUBRECIPIENT shall cause or require to be Inserted In full, In all such Contracts subject
to such regulations, provisions meeting the requirements of this paragraph.
f. In cases where Davis-Bacon applies, SUBRECIPIENT agrees to
submit the Construction Bid Package for this project to DIRECTOR for review and written
approval prior to advertising for bids and award of 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 there
from.
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Contract No. KC07733
IDIS No. 1733
4. California Labor Code Comoliance
a. If 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. pavroll 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 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
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5. Economic ODDortunltles
a. Comoliance
This Contract Is subject to the requirements of Section 3 of the
Housing and Urban Development Act of 1968 (12 USC 1701u) as amended, the HUD
regulations Issued pursuant thereto at 14 cFR, Part 135, and any applicable rules and orders
of HUD issued thereunder prior to the execution of this contract. If applicable, compliance
with the aforementioned provisions of "Section 3", shall be a condition of the federal financial
assistance provided under this CONTRACT. Failure to fulfill these requirements shall subject
SUBRECIPIENT and any sub-subreciplents, their successors and assigns, to those sanctions
specified by the contract through which federal assistance Is provided. SUBRECIPIENT
certifies and agrees that no contractual or other disability exists which would prevent
compliance with requirements.
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4 The Contractor agrees to abide by the Section 3 clause, as set forth in 24 CFR, e
) 135.20(b), below and will also cause this Section 3 clause to be inserted In .any subcontracts
6 executed with third Darties for work covered bv this Contract.
7 "The work to be performed under this contract is subject to the requirements of
8 Section 3 of the Housing and Urban Development Act of 1968, as amended, 12
9 U.S.C. 1701u (sections). The purpose of section 3 is to ensure that employment
10 and other economic opportunities generated by HUD assistance or HUD-assisted
11 project covered by Section 3, shall, to the greatest extent feasible, be directed to
12 low- and very low-income persons, particularly persons who are recipIents of HUD
13 assistance for housing.
14 The parties to this contract agree to comply with HUD's regulations in 24 CFR part
15 135, which implement Section 3. As evidenced by theIr executIon of this contract,
16 the parties to this contract certify that they are under (10 contractual or other
17 impediment that would prevent them from complying with the part 135
18 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 each 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 finding 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) afl:er 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 filled to drcumvent the contractor's obligations under 24 CFR part 135.
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 assistance, section 7(b) of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under
this contract. Section 7(b) requires that to the greatest extend feasible (1)
preference and opportunities for training and employment shall be given to
Indians, and (ii) preference In the award of contracts and subcontracts shall be
given to Indian organizations and Indian-owned Economic Enterprises. Parties to
this contract that are subject to the provisions of section 3 and section 7(b) agree
to comply with section 3 to the maximum extent feasible, but not In derogation of
compliance with section 7(b)."
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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
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7. Conflict of Il)terest
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 financial interest and shall not acquire any financial Interest, direct or
Indirect, which would conflict In any manher 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
SUBREaPIENT 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.
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1 Contract No. KC07733
2 IDIS No. 1733
3 G. CODvrlaht
4 If this CONTRACT results in any copyrightable material, COUNTY and/or grantor
5 agency reserves the right to royalty-free, non-exclusive, and irrevocable license to reproduce,
6 publish or otherwise use and to authorize others to use, the work (I.e., photographs and the
7 like) for government purposes.
8 H. Rellaious Oraanlzatlon
9 SUBRECIPIENT agrees that funds prOVided under this CONTRACT will not be
10 utilized for religious activities, to promote religious Interest, or for the benefit of a religious
11 organization In accordance with the federal regulations. However, In accordance with HUD
12 Notice CPO 04-10, issued September 29, 2004, SUBRECIPIENT shall provide and promote
13' equal treatment to all faith-based organizations In administering Its federal HUD activities.
14 I. Antl-Lobbvlna
15 SUBRECIPIENT certifies that:
16 1. No Federal appropriated funds will be paid, by or on behalf of It, to any
17 person for influencing or attempting to influence an officer or employee of any agency, a
18 Member of Congress, an officer or employee of congress, or an employee of a Member of
19 Congress In connection with the awarding of any Federal Contract, the making of any Federal
20 grant, the making of any Federal loan, the entering into of any Cooperative Agreement, and
21 the extension, continuation, renewal, amendment, or modification of any Federal Contract,
22 grant, loan, or Cooperative Agreement;
23 2. SUBRECIPIENT will complete and submit Standard Form-LLL "Disclosure
24 of lobbying Activities" if any funds other than Federal appropriated funds have been paid, In
25 accordance with its Instructions; and,
26 3. SUBRECIPIENT shall Include subject antl-lobbylng certification In award
27 documents for all sub-subrecipients at all tiers (including sub-subcontracts, sub-subgrants,
28 and Contracts under grants, loans, and Cooperative Agreements) and that all sub-
29 subreciplents shall certify and disclose accordingly.
30 XU. ENVIRONMENTAL CONDmONS
31 A. SUB RECIPIENT shall comply with HUD Environmental Review under HUD
32 regulations at 24 CFR 58, which implement the National Environmental Policy Act (NEPA);
33 and, the California Environmental Quality Act (CEQA). No costs shall be Incurred and no
34 funds shall be disbursed prior to certification by COUNTY and/or HUD of environmental
35 compliance.
36 B. SUBRECIPIENT shall Incur no costs for any project-related activity defined In
37 SUBRECIPIENT SCOPE OF SERVICES and COUNTY shall not disburse funds prior to
38 certification by COUNTY and/or HUD for environmental compliance.
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4 C. SUBRECIPIENT shall provide requested materials to COUNlY for the
5 Environmental Review process required by applicable regulations.
6 D. Air and Water
7 SUBRECIPIENT agrees to comply with the following regulations insofar as they
8 apply to the performance of this CONTRACT:
9 1. Clean Air Act, 42 U.S.C., 1857, et seq.
10 2. Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, et
11 seq.
12 3. Environmental Protection Agency (EPA) regulations pursuant to 40 CFR
13 50 and 58, as amended.
14 E. Flood Disaster Protection
15 SUBRECIPIENT agrees to comply with the requirements of the Flood Disaster Protection Act of
16 1973, including as applicable any regulations set forth In 24 CFR 55 (Implementing Executive
17 Order 11988), In regard to the sale, lease or other transfer of land acquired, cleared, or
18 Improved under the terms of this CONTRACT, as It may apply to the provisions of this
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20 F. Lead-Based Paint
21 SUBRECIPIENT agrees that any construction or rehabilitation of residential
22 structures with assistance proVided under this CONTRACT shall be subject to HUD Lead-Based
23 Paint Regulations at 24 CFR 570.608, and 24 CFR 35, and In particular Sub-Part B thereof.
24 Such regulations pertain to all HUD-assisted housing and require that all owners, prospective
25 owners, and tenants or properties constructed prior to 1978 be properly notified with the
26 .Protect Your Family From Lead In Your Home" (http://www.epa.gov/lead) that such'
27 properties may Include lead-based paint.
28 G. Historic Preservation
29 SUBRECIPIENT agrees to comply with the Historic Preservation requirements
30 set forth In the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and
31 the procedures set forth In 36 CFR 800, Protection of Historic Properties, insofar as they apply
32 to the performance of this CONTRACT.
33 In general, this requires concurrence from the State Historic Preservation
34 Officer for all rehabilitation and demolition of historic properties that are fifty years old or
35 older or that are Included on a Federal, State, or local historic property list.
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Contract No. KC07733
IDIS No.1733
4 H. Enemv Efficiencv Standards e
5 SUBRECIPIENT agrees to comply with the California Energy Commission
6 Assembly Bill 970, Title 24, Part I of the California Code of Regulations (AB970: Building
7 Efflclency Energy Standards), in regard to con.struction and property development, when
8 applicable.
9 XIII. NOTICES
10 Any communication with COUN1Y and SUBRECIPIENT concerning this CONTRACT shall
11 be directed as follows:
12 COUNTY:
13 County of Orange
14 Housing and Community Services Department
15 1770 North Broadway
16 Santa Ana, California 92706-2642
17 Attention: Chief, Contract Administration Section
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19 SUBRECIPIENT:
20 City of Seal Beach
21 211 Eighth Street
22 Seal Beach, CA 90740 _
23 Attention: Lee Whittenberg .,
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Contract No. KC07733
IDIS No.1733
IN WITNESS WHEREOF, CITY has caused this CONTRACT to be executed by Its Mayor
and its City Manager; COUNlY has caused this CONTRACT to be executed by the DIREcrOR
of the Housing and Community Services Department; all having been duly authorized by the
City Council of SUBRECIPIENT and the Orange County Board of Supervisors, respectively.
SUBRECIPIENT* :
City of Seal Beach,
a municipal corporation,
In the State of California
By:
Name: John Larson
TItle: Mayor
Date:
By:
Name: Dave Carmany
Title: City Manager
Date:
*For ContractorsNendors that are a corporation. Signature requirements are as follows:
1) One Signature by the Chairman of the Board, the President or any Vice President, _
And
2) One signature by the Secretary, any Assistant Secretary, the Chief Financial Officer
or an Assistant Treasurer.
For Contractors/Vendors 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.
COUNlY 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: AorlllO. 2007
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1 Scope of Services
2 CDBG Contract No.KC07733
3 IDIS No. 1733
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5 COMMUNITY DEVELOPMENT BLOCK GRANT
6 SUBRECIPIENT SCOPE OF SERVICES
7 (Program Year 2007-08)
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10 This Scope of Services Is part of the Contract between the County of Orange
11 and the City of Seal Beach, SUBRECIPIENT, dated It is
12 Incorporated into that Contract as though fully set forth therein:
13 TITLE OF PROJECT: Leisure World ADA Housing RehabIlItation
14 SUBRECIPIENT: City of Seal Beach
15 ACTIVITY: 570.202(a)(1)
16 MATRIX CODE: 14A.: Single Unit Residential Rehabilitation
17
18 1. SCOPE OF SERVICES
19 A. Activities
20 SU6RECIPIENT will be responsible for admInistering a Year 2007-08
21 Community Development Block Grant project described as follows In a manner
22 satisfactory to the COUNTY and consistent with any standards required as a condition
23 of providing these funds:
24 Project Descriotion
25 Funds will be used for rehabilitation for a minimum of 30 senior housing unt~
26 to provide seniors with greater accessibility Inside their homes.
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Scope of Services
CDBG Contract No. KC07733
IOIS No. 1733
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B. In addition to the normal administrative services required as part of this
Contract, the SUBRECIPIENT agrees to meet the following level(s) of
accomplishment:
Scope of Work
Use of Funds
Housing RehabilitatIon
National Objective
The subject activities are consistent in complying with the following
national objective as set forth in 570.208.(a)(3).
Direct Benefit - Low and Moderate Income: Low Mod Housing
D. Program Impact (outcomes):
1. Decent Housing
2. Affordabillty
II. BUDGET
No.1:
Level of Accomolishment
30 Housing Units
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A. This contract is in an amount not to exceed $200,000.00 (Two Hundred
Thousand Dollars and 00 Cents).
B. Proiect Fundina Budaet
1. The subject proposal will be financed under this contract as
follows:
Housing Rehabilitation
Total
$200,000.00
$200,000,00
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Scope of Services
CDBG Contract No. KC07733
IDIS No. 1733
2. Funds shall be used for the following Items:
All costs relating to construction, labor and materials in the rehabilitation of senior
housing units.
3. Une Items Identified in Section I1.B.!. above are to be considered
as estimates. Compensation for costs incurred during the life of this contract may
be reallocated between said line Items. Upon written request by SUBRECIPIENT and
written approval by the DIRECfOR, compensation may be reallocated to address any
costs Incurred for previously unbudgeted uses eligible under the applicable State and
Federal regulations, particularly the Federal regulations at CFR 24 Part 570.202
(9)(1).
III. SUBRECIPIENT CONTACf
City of Seal Beach
211 Eighth Street
Seal Beach, CA 90740
Attention: Lee Whittenberg
Phone: (562) 431-2527 Ext. 313
Fax: (562) 430-8763
:
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1 Exhibit to Contract No. KC07733
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3 Housina and CDmmunitv Services DeDsrtment
4 Child SUDDon Provisions
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8 These Child Support Enforcement Provisions have been approved by the Orange County Board
9 of Supervisors and are hereby Incorporated into Contract No. KC07733, at the direction of the
10 Director, Housing and Community Services Department.
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13 PROVISIONS
14
15 Child Support Enforcement Requirements
16 1. In order to comply with child support enforcement requirements of the
17 County of Orange, within 30 days of award of contract, contractor agrees to furnish to the
18 contract administrator:
19 a. In the case of an individual contractor, hlslher name, date of
20 birth, Social Security number, and residence address;
21 b. In the case of a contractor doing business in form other than as
e 22 an Individual, the name, date of bIrth, Social Security number, and residence address of each
23 Individual who owns an Interest of 10 percent or more in the contractIng entity;
24 c. A certification that the contractor has fully complied with all
25 applicable federal and state reporting requirements regarding Its employees; and
26 d. A certification that the contractor has fully complied with a)l,
27 lawfully served Wage and Earnings Assignment Orders and Notices of Assignment and will
28 continue to so comply.
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Exhibit to Contract No. KC07733
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2. The certification will be stated as follows:
"1 certify that the City of Seal Beach is in full compliance with a/J applicable federal
and state reporting requirements its employees and with all lawfully served Wage and
Eamlngs Assignment Orders and Notices of Assignment and will continue to be in
compliance throughout the term of Contract No. KC07733, with the County of Orange.
1 understand that failure to comply shall constitute a material 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. '
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 and/or 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. Failure 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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Exhibit to Contract No. KC07733
ORANGE COUN1Y CHILD SUPPORT ENFORCEMENT
CERTIFICATION REOUIREMENTS
In the case of an individual contractor. his/her name, date of birth, Social Security
number, and residence address:
D.O.B.:
Sodal 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, Sodal Security number, and residence address of each Individual
who owns an Interest of 10 percent or more in the contracting entity:
Name:
D.O.B.:
Sodal Security No:
Residence Address:
26 D.O.B.:
Name:
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Sodal Security No:
Residence Address:
Name:
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32 D.O.B.:
33 Social Security No:
34 ResIdence Address:
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37 DC Form 5-21-98
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Exhibit to Contract No. KC07733
CERTIFICATION OF COMPUANCE
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OI 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 Orders" and "Notices of
Assignments" and will continue to be In compliance throughout the term of:
1) Contract No. KC07733i or,
2) the Contract for the City of Seal Beach, Leisure World ADA Housing Rehabilitation,
wIth the County of Orange. I understand that failure to comply shall constitute a material
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."
By:
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Authorized Signature
Name: John Larson
Title: Mayor
By:
Authorized Signature
Dave Carmany
City Manager
Name:
TItle:
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