HomeMy WebLinkAboutCC AG PKT 2009-08-10 #JAGENDA STi4FF REPORT
DATE: August 10, 2009
TO: Honorable Mayor and City Council
THRU: David Carmany, City Manager
FROM: Lee Whittenberg, Director of Development Services
SUBJECT: APPROVE THE CITY'S PARTICIPATION IN THE
HOUSING AND COMMUNITY DEVELOPMENT
PROGRAM OF THE COUNTY OF ORANGE,
PROGRAM YEAR 2009-2010 AND AUTHORIZING
EXECUTION OF CONTRACT NO. KC09845 (LEISURE
WORLD BATHROOM ACCESSIBILITY PROGRAM)
SUMMARY OF REQUEST:
Adopt Resolution No. 5901, 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 2009-
2010, and Authorizing Execution of Contract No. KC09845 (Leisure World
Bathroom Accessibility 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 Community Development Block Grant program for
the Leisure World Bathroom Accessibility 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 fourth year
funding cycle for this application.
The subject resolution will authorize designated
KC09845 for implementation of the program for
estimated that between 40 and 60 housing unit
assisted through this program funding of $200,000.
staff to execute Contract No.
fiscal year 2009-2010. It is
s within Leisure World will be
Agenda Item J
Page 2
FISCAL IMPACT:
Increase of $60,000 in CDBG revenues and expenditures provided in Budget
Amendment 10-02-01.
RECOMMENDATION:
Adopt Resolution No.5901, A Resolution of tf~e 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 2009-
2010, and Authorizing Execution of Contract No. KC09845 (Leisure World
Bathroom Accessibility Program). Receive and File Staff Report.
SUBMITTED BY:
T
e Whittenberg
Director of Development Servie s
NOTED AND APPROVED:
V~~
David Carmany
City Manager
Attachments: (2)
A. Attachment 1: Resolution No. 5901, 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 2009-2010, and
Authorizing Execution of Contract No. KC09845 (Leisure World Bathroom Accessibility
Program)
B. Attachment 2: Contract No. KC09845 - "Leisure World Bathroom Accessibility Program" -
Program Year 2009-2010
Page 3
ATTAC H IVI E fVT 1
RESOLUTION NO. 5901, 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
2009-2010, AND AUTHORIZING
EXECUTION OF CONTRACT NO. KC09845
(LEISURE WORLD BATHROOM
ACCESSIBILITY PROGRAM)
RESOLUTION NUMBER 5901
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 2009-2010 AND AUTHORIZING EXECUTION
OF CONTRACT NO. KC09845 (LEISURE WORLD BATHROOM
ACCESSIBILITY PROGRAM)
THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY
RESOLVE:
WHEREAS, it is the intent of the Ciry 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 Federal law and policy; and
WHEREAS, the City Council on December 12, 2005 conducted a public
hearing and approved the following project to be included in
the City's grant proposal:
^ Leisure World ADA Housing Rehabilitation
Program: $200,000
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 years 2005-2006 through 2007-2008 in the amount
of $200,000 per fiscal year to serve an estimated 30-35
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
WHEREAS, The Leisure World Bathroom Accessibility Program has
been approved by the Orange County Board of Supervisor's
and Contract No. KC09845 will implement this approved
housing rehabilitation program for Fiscal Year 2009-2010.
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Seal
Beach does hereby authorize the Mayor and the City Manager 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.
Resolution Number 5901
PASSED, APPROVED AND ADOPTED by the City Council of Seal Beach, at a
meeting hereof held on the 10th day of August , 2009 by the following
vote:
AYES: COUNCILMEMBERS
NOES: COUNCILMEMBE
ABSENT: COUNCILMEMBERS
ABSTAIN: COUNCILMEMBERS
Mayor
ATTEST:
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 the original copy of Resolution Number 5901 on
file in the office of the City Clerk, passed, approved, and adopted by the City
Council of the City of Seal Beach, at a regular meeting held on the 10th day
of August , 2009.
City Clerk
Page 4
ATTACHMENT 2
CONTRACT NO. KC09845 - "LEISURE
WORLD BATHROOM ACCESSIBILITY
PROGRAM" -PROGRAM YEAR 2009-2010
Contract No. KC09845
IDIS No.1845
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COUNTY OF ORANGE
OC COMMUNITY RESOURCES
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
HOUSING REHABILITATION
(Program Year 2009-10)
TITLE OF PROJECT: City of Seal Beach, Leisure World Bathroom Accessibility Program
570.202 (a)(1), 14A-Rehab; Single-Unit Residential
This agreement, hereinafter referred to as "CONTRACT", is entered into on,
BY AND BETWEEN City of Seal Beach, a Municipal Organization
in the State of California, and hereinafter
referred to as "SUBRECIPIENT".
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 "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, COUNTY and Participating Cities previously entered into a Cooperation
Agreement dated July 1, 2008 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 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
WHEREAS, HUD, in accordance with 24 CFR Part 570 Subpart O, 570.902, will annually
review the performance of COUNTY to determine whether COUNTY has carried out 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) in project funding to SUBRECIPIENT for the Fiscal Year 2009-10; and
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Contract No. KC09845
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3 WHEREAS, HUD has accepted and certified the ANNUAL ACTION PLAN; and
4 WHEREAS, COUNTY engages SUBRECIPIENT to assist COUNTY in utilizing aforesaid
5 funds.
6 NOW, THEREFORE, the parties enter into the following: .
7 I. CONTRACT FORM
8 This CONTRACT consists of:
9 A. The following provisions;
10 B. All applicable Federal Regulations, including 24 CFR 570;
11 C. Applicable State and COUNTY laws and regulations; and,
12 D. The attached SUBRECIPIENT SCOPE OF SERVICES, is incorporated as if fully set
13 forth herein; and,
14 E. The attached Chi/d Support Provisions, which are incorporated as if fully set
15 forth herein.
16 II. DEFINITIONS
17 For the purposes of this CONTRACT the following definitions shall apply:
18 A. HUD: United States Department of Housing and Urban Development.
t9 B. OC COMMUNITY RESOURCES: Designated as the Lead for the development and
20 implementation of County of Orange Urban County Program's Consolidated Plan.
21 C. DIRECTOR: DIRECTOR of the OC Community Resources, or designee.
22 D. PROGRAM INCOME: The gross income received by SUBRECIPIENT directly
23 generated from the use of the subject program funds.
24 E. CONSTRUCTION BID PACKAGE: A package of bidding documents which includes
25 the proposal, bidding instructions, CONTRACT documents, detailed estimated costs, and plans
26 and specifications for a construction project, all prepared in accordance with applicable Federal
27 regulations.
28 F. GRANTEE PERFORMANCE REPORT (GPR) INFORMATION FORM: A PROJECT
29 activity data document provided by COUNTY to SUBRECIPIENT used to monitor and track the
30 performance of SUBRECIPIENT,
31 G. OC COMMUNITY RESOURCES POLICY ON DOCUMENTING SUBRECIPIENT
32 COSTS: A COUNTY document setting policies regarding types of documentation required to
33 support the costs incurred and paid (including but not limited to copies of paid invoices,
34 certified payroll registers, bank statements, etc.).
35 H. PROJECT: Any site or sites, including buildings, and/or activities assisted with
36 federal program funds.
37 ///
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Contract No. KC09845
IDIS No.1845
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I. PROGRAM ADMINISTRATION: An activity relating to the general management,
oversight and coordination of community development programs. Costs directly related to
carrying out eligible activities are not included.
J. OMB: Federal Office of Management and Budget.
K. CAPER: Consolidated Annual Performance and Evaluation Report. An annual
published report to HUD and the public on all housing-related activities.
L. CDBG: Community Development Block Grant funds.
M. EQUIPMENT: Tangible, non-expendable, personal property having a useful life
of more than one year and an acquisition cost of $5,000 or more per unit.
N. SUBSTANTIAL AMENDMENT: The County will consider a change in project scope
as a "substantial amendment" under the following circumstances:
1. County or subrecipient decides not to carry out an activity previously
described in the Annual Action Plan;
2. County or subrecipient carries out an activity not previously described in the
Annual Action Plan;
3. County or subrecipient changes the purpose, scope, location or beneficiaries
of an activity;
4. County or subrecipient changes the use of CDBG funds from one eligible
', activity to another;
5. County or subrecipient changes 25% or more in one program activity.
III. CONDITIONS OF FUNDING
A. County advises SUBRECIPIENT that a change in entitlement funding may result
in a change in the current process utilized by COUNTY to determine funding allocations.
SUBRECIPIENT acknowledges that the obligation of the COUNTY is contingent upon the
availability of Federal, State or local Government funds appropriated or allocated to the
COUNTY. If funding levels are significantly affected by 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 COUNTY at the end of the period for which funds are
available. The COUNTY shall notify SUBRECIPIENT at the earliest possible time of any service,
~I which will or may be affected by a shortage of funds. No penalty shall accrue to the COUNTY in
the event this provision is exercised and the COUNTY shall not be obligated nor liable for any
damages as a result of termination under this provision of this CONTRACT, and nothing herein
shall be construed as obligating the COUNTY to expend or as involving the COUNTY in any
contract or other obligation for the future payment of money in excess of appropriations
authorized by law.
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3 B. SUBRECIPIENTS shall allow representatives of the County of Orange, or HUD to
4 inspect facilities, which are used in connection with the contracts, made to implement
5 programs funded under this contract. SUBRECIPIENTS acknowledge that HUD funds are not
6 meant to replace or supplant other sources of funding.
7 C. SUBRECIPIENT shall maintain any applicable licenses or permits, and meet any
8 facility code regulations required for the program(s) funded under the contract.
9 IV. TERM '
10 A. Eligible costs related to services provided by SUBRECIPIENT must be incurred
11 during the period beginning July 1, 2009. The PROJECT shall be completed and all funds
12 provided through this CONTRACT shall be expended on eligible PROJECT activities prior to June
13 30, 2010. The term of this CONTRACT may be extended upon mutual agreement of the parties
14 in writing in accordance with Section IV.D. below. COUNTY will reclaim any unused balance of
15 funds for reallocation to other COUNTY approved projects.
16 B. SUBRECIPIENT may be eligible to request additional funding up to the maximum
17 set forth in the applicable FY 2009-10 Annual Action Plan if SUBRECIPIENT meets or exceeds
18 any one of the Required Expenditure Thresholds at 50%, 70% or 80% on or prior to the
19 milestone date established herein in Section VI.E.3.
20 C. If additional funding is available for allocation to SUBRECIPIENT, SUBRECIPIENT
21 and COUNTY shall first amend the Subrecipient Scope of Services component of this
22 CONTRACT. Furthermore, SUBRECIPIENT shall demonstrate, to the satisfaction of DIRECTOR,
23 that the required Performance Expenditure and Accomplishment Thresholds set forth herein
24 Section VI.E. 3. and Section VIII.B., as amended, will continue to be met before such
25 extension and additional allocation shall be granted.
26 D. CONTRACT Extension
27 1. The term of this CONTRACT and the provisions herein may be extended
28 to cover an additional time period as specified herein.
29 2. The date for PROJECT completion and expenditure of all funds may be
30 extended by the DIRECTOR without further action by the BOARD for a period not to exceed six
31 (6) months from June 30, 2010. All extension approvals must be in writing and signed by the
32 DIRECTOR. In the event of such extension, the deadline for submittal of invoices shall be
33 forty-five (45) days after the new expiration date.
34 3. CONTRACT extension provisions are not applicable to PROGRAM
35 ADMINISTRATION activities.
36 V. AMENDMENTS
37 A. COUNTY, through its DIRECTOR without further action by the COUNTY's Board of
38 Supervisors (hereinafter referred to as "BOARD") and SUBRECIPIENT may,
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by mutual agreement, amend and/or extend this CONTRACT and/or incorporated Subrecipient
Scope of Services, at any time, up to 45 (forty-five) days prior to CONTRACT expiration,
provided that the proposed action is (1) not a "Substantial Amendment" as defined Section II.
N. of this CONTRACT, (2) makes specific reference to this CONTRACT, (3) is executed in
writing and signed by a duly authorized representative of the SUBRECIPIENT's organization.
SUBRECIPIENT's written request to amend must include a revised budget for funds being
extended, if that scope of work 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 VIII.B. herein. 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 COUNTY 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, SUBRECIPIENT
SCOPE OF SERVICES, threshold and milestone dates or schedule of activities to be undertaken
as part of this CONTRACT, such modifications will be incorporated only by written amendment
executed by DIRECTOR and SUBRECIPIENT..
VI. PAYMENTS
A. Funds from COUNTY to SUBRECIPIENT shall be disbursed subsequent to
availability of funds from HUD to COUNTY.
B. Funds shall not be disbursed for any costs incurred prior to the certification by
COUNTY and/or HUD of Certificate(s) of Insurance and environmental compliance, as further
defined in Section VII and Section XIII of this CONTRACT. Additionally, when applicable, no
funds shall be disbursed prior to submittal of certified payroll documentation to COUNTY with
each invoice package/request for payment, as further defined in Section XII.
C. CONTRACT Amount
It is expressly agreed and understood that the total amount to be paid by
COUNTY under this CONTRACT shall not exceed $200,000 (Two Hundred Thousand Dollars).
Reimbursement for the payment of eligible project expenses shall be made in accordance with
the budget specified in Section II. of SUBRECIPIENT SCOPE OF SERVICES. SUBRECIPIENT's
acknowledge that HUD funds are not meant to replace or supplant other sources of funding.
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Contract No. KC09845
IDIS No.1845
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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 timeline requirements; and, executed
Architect and Engineer (hereinafter referred to as "A&E") contracts with specific project
timelines consistent with funding. By September 30, 2009 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 VI. E. 3. SUBRECIPIENT acknowledges that said Project Readiness Checklist
may be considered to evaluate the performance of the SUBRECIPIENT.
E. Payment 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, 2009, and must provide the adequate documentation as required by
COUNTY in accordance with the COUNTY's OC Community Resources Policy for Documenting
Subrecipient 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 will cause COUNTY to withhold all or a portion of a request for
reimbursement, and 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 OC Community Resources to determine pertormance 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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Milestone Date
December 15, 2009
January 15, 2010
March 15, 2010
Minimum Required
Expenditure 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. Program 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 on a quarterly
basis prior to SUBRECIPIENT receiving any reimbursement from grant funds provided under
this CONTRACT.
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 aYear-End Program Income
letter, indicating amount of Program Income and include any reimbursement remittance
necessitated therein, by July 15, 2010.
VII. 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. Independent 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.
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COUNTY shall be exempt from payment of any Unemployment Compensation, FICA,
retirement, life and/or 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 INDEMNITIES") 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. Assignability
SUBRECIPIENT 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 shall 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 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 action(s) to correct any
area(s) of CONTRACT non-compliance. Documentation shall be made available for periodic
monitoring by representatives of COUNTY and/or HUD.
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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2. When applicable, submit to COUNTY a Plan outlining financial and
advisory assistance in securing temporary housing for any eligible tenant who is temporarily or
permanently relocated due to the project.
3. Comply with the Uniform Relocation Assistance ~ and Real Property
Acquisition Policies Act of 1970, as amended by the Uniform Relocation Act/URA, 49 CFR Part
24 and 24 CFR 570.606 for persons displaced by the project; and,
4. Have in effect and follow a residential anti-displacement and relocation
plan required under section 104(d) of the Housing and Community Development Act of 1974,
as amended, in conjunction with any activity assisted with funding under the subject program.
G. Fair Housing
SUBRECIPIENT shall affirmatively further fair housing in accordance with 24 CFR
570.904.
H. Insurance
No costs shall be incurred and no funds shall be disbursed prior to written
certification of ~Droval by COUNTY of insurance fulfillment.
1. SUBRECIPIENT, at its own expense, agrees to deposit with COUNTY prior
to the execution and provision of services under this CONTRACT, Certificates of Insurance,
including all endorsements required herein, necessary to satisfy COUNTY that the insurance
provisions of this CONTRACT have been complied with, and to keep such insurance and the
certificates therefore on deposit with COUNTY during the entire term of this CONTRACT. In
'addition, all contractors and subcontractors performing work on behalf of SUBRECIPIENT
pursuant to this CONTRACT shall be covered under SUBRECIPIENT's insurance or shall obtain
insurance subject to the same terms and conditions as set forth herein for SUBRECIPIENT.
~ SUBRECIPIENT shall require that any contractor or subcontractor working for SUBRECIPIENT
have the insurance required by this section and not allow contractors or subcontractors to
work if the contractors or subcontractors have less than the level of coverage required by the
COUNTY under this CONTRACT. SUBRECIPIENT shall provide notice of the insurance
requirements to every contractor or subcontractor, and to receive proof of insurance prior to
allowing any contractor or subcontractor to begin work. Such proof of insurance must be
maintained by SUBRECIPIENT through the entirety of this CONTRACT for inspection by
COUNTY representative at any reasonable time. All insurance policies required by this
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. Any self-insured retentions (SIRS) or
deductibles shall be clearly stated on the Certificate of Insurance.
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2. SUBRECIPIENT shall maintain insurance acceptable to COUNTY in full
force and effect throughout the term of this CONTRACT. If SUBRECIPIENT fails 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 Ratin4 Guide/Property-Casualty/United States or ambest.com
shall be A- (Secure Best's Rating) and VIII (Financial Size Category).
5. If the carrier is anon-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:
Coveracae Minimum Limits
Commercial General Liability to $1,000,000 combined single limit
include a Broad Form Property per occurrence
Damage Endorsement
and Contractual Liability $2,000,000 Aggregate
Automobile Liability including coverage for $1,000,000 combined single limit
all owned, non-owned and hired vehicles per occurrence
Workers' Compensation Statutory
Employer's Liability $1,000,000 per occurrence
Sexual Misconduct $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, canceled, limited in scope of
coverage or non-renewed until after 30 days written notice has been given to COUNTY of
Orange/OC Community Resources (Endorsement must be attached to Certificate 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:
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 TO THE LEFT.
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b. All rights of subrogation are hereby waived against COUNTY, it's
elective and appointed officials, officers and employees when acting within the scope of their
employment or appointment, and COUNTY and their Board or Commissions, which are
,governed by COUNTY Board of Supervisors. (Endorsement must be attached to Certificate of
Insurance).
c. With respect to the operations of the named insured, operations
performed on behalf of COUNTY, COUNTY shall be added as an additional insured on all
insurance policies required by this Contract except for Workers' Compensation/Employers'
Liability. (Endorsement must be attached to Certificate of Insurance).
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 COUNTY 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 COUNTY will apply
in excess of, and not contribute with, insurance provided by these policies. (Endorsement must
be attached to Certificate of Insurance for the General Liability policy and Sexual Misconduct
Liability policy).
f. Commercial General Liability policy shall contain a severability of
interests clause.
8. Insurance information shall be submitted to:
County of Orange
OC Community Resources
Attention: Chief, Community Deve/opment
1770 North Broadway
Santa Ana, California 92706-2642
9. County expressly retains the right to require Contractor to increase or
decrease insurance of any of the above insurance types throughout the term of this Contract.
Any increase or decrease in insurance will be as deemed by the County of Orange Risk
Manager as appropriate to adequately protect County. In addition, COUNTY Risk Manager
retains the right to require additional insurance coverage as may be deemed appropriate to
adequately protect COUNTY. 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.
11. INDEMNIFICATION PROVISIONS
SUBRECIPIENT agrees to indemnify, defend with counsel approved in writing to COUNTY, and
hold COUNTY, its elected and appointed officials, officers, employees, agents and those special
districts and agencies which COUNTY'S Board of Supervisors acts as the governing Board
("COUNTY INDEMNITEES") harmless from any claims, demands or liability of any kind or
nature, including but not limited to personal injury or property damage, arising from or related
to the services, products or other performance provided by SUBRECIPIENT pursuant to this
CONTRACT. If judgment is entered against SUBRECIPIENT and COUNTY by a court of
~! competent jurisdiction because of the concurrent active negligence of COUNTY or COUNTY
INDEMNITEES, SUBRECIPIENT and COUNTY agree that liability will be apportioned as
determined by the court. Neither party shall request a jury apportionment.
I. Grantor Recognition
SUBRECIPIENT shall insure recognition of the role of the COUNTY in providing
services through this CONTRACT. All activities, facilities and items utilized pursuant to this
CONTRACT shall be prominently labeled as to funding source. In addition, SUBRECIPIENT will
include a reference to the support provided herein in all publications made possible with funds
made available under this CONTRACT. SUBRECIPIENT will retain documentation of such
recognition, which shall be available for periodic monitoring by representatives of COUNTY or
HUD.
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:
1. Records providing a full description of each activity undertaken;
2. Records demonstrating that each activity undertaken meets one of the
National Objectives of the CDBG program;
3. Records required to determine the eligibility of activities;
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3 4. Records required to document the acquisition, improvement, use, or
4 disposition of real property acquired or improved with CDBG assistance;
5 5. Records documenting compliance with the fair housing and equal
6 opportunity components of the CDBG program;
7 6. Financial records as required by 24 CFR 570.502, and OMB Circular A-87;
8 and
9 7. Other records necessary to document compliance with Subpart K of 24
]0 CFR 570.
11 8. Retention
12 SUBRECIPIENT shall retain all records pertinent to expenditures incurred under
13 this CONTRACT for a period of five (5) years after the termination of all activities funded under
14 this CONTRACT, or after the resolution of all Federal audit findings, whichever occurs later.
15 Records for non-expendable property acquired with funds under this CONTRACT shall be
16 retained for five (5) years after final disposition of such property. Records for any displaced
17 person must be kept for five (5) years after s/he has received final payment.
18 9. Client Data
19 a. SUBRECIPIENT shall maintain client data demonstrating client
20 eligibility for services provided fora period of five (5) years after the termination of all
21 activities funded under this CONTRACT, or after the resolution of all Federal audit findings,
22 whichever occurs later. Such data shall be consistent and include, but not be limited to, client
23 name, address, verifiable income level (as documented by income tax returns, employee
24 payroll records, retirement statements, etc. or other third party documentation acceptable to
25 COUNTY, for determining eligibility), and description of service provided. Such information
26 shall be made available to HUD representatives, COUNTY monitors, or their designees, for
27 review upon request.
28 b. SUBRECIPIENT shall develop and implement procedures to ensure
29 the confidentiality of records pertaining to any individual provided family violence prevention
30 or treatment services under any project assisted under the subject program, including
31 protection against the release of the address or location of any family violence shelter project,
32 except with the written authorization of the person responsible for the operation of the shelter.
33 10. Property Records
34 SUBRECIPIENT shall maintain real property inventory records, which clearly
35 identify properties purchased, improved, or sold. Properties retained shall continue to meet
36 eligibility criteria, rental limitations, health, safety and building codes, etc., and shall conform
37 with 24 CFR 570.505(a).
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K. 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; submitting final invoice(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.
L. Equipment
SUBRECIPIENT shall use, manage and dispose of equipment in accordance with
24 CFR 85.32 and 24 CFR 570.502.
VIII. PERFORMANCE
A. SUBRECIPIENT shall comply with all applicable HUD regulations, as described in
Section XII of this CONTRACT, concerning administrative requirements and maintain records
as to services provided and total number of persons served through the project, including but
not limited to, population-served analysis (i.e., extremely-low income persons, very-low
income persons, and low-income persons as defined by HUD). Such information shall be
available for periodic monitoring by representatives of COUNTY or HUD and shall be submitted
by SUBRECIPIENT in report form to COUNTY by dates specified by COUNTY.
B. The following ~~Performance Threshold" criteria shall be used to assess the level
of performance of the SUBRECIPIENT. Furthermore, the criteria will be considered by OC
Community Resources 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 OC Community Resources a request for reimbursement
which demonstrates that SUBRECIPIENT has expended funds and met their proposed
accomplishment goals at the required levels, unless exempted in writing by the DIRECTOR.
Minimum
Pertormance Expenditure and
Milestone Date Accomplishment Thresholds
November 15, 2009 30% of Contracted Amount Expended and
30% of Proposed Accomplishments Met
December 15, 2009 50% of Contracted Amount Expended and
50% of Proposed Accomplishments Met
January 15, 2010 70% of Contracted Amount Expended and
70% of Proposed Accomplishments Met
March 15, 2010 80% of Contracted Amount Expended and
80% of Proposed Accomplishments Met
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Failure to achieve at least the aforementioned 50% drawdown, without a 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 complete and' submit a Year End GPR Information Form by
July 15, 2010.
D. Should the activity being funded through this CONTRACT be completed,
cancelled or terminated prior to the termination date set forth herein in Section V. A.,
SUBRECIPIENT shall complete and submit aMid-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 its 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
i 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 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.
IX. PERFORMANCE MONITORING
A. Performance monitoring of SUBRECIPIENT by COUNTY and/or HUD shall consist
of requested and/or required written reporting, as well as onsite 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.
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C. COUNTY shall monitor the performance of SUBRECIPIENT against the goals,
outcomes, milestones and performance standards required herein. Substandard performance,
as determined by COUNTY, will constitute non-compliance with this CONTRACT for which
COUNTY may immediately terminate the CONTRACT. If action to correct such substandard
performance is not taken by SUBRECIPIENT within the time period specified by COUNTY,
payment(s) will be denied in accordance with the provisions contained in Section VI of this
CONTRACT.
X. MODIFICATIONS/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 CDBG funds in excess of
$25,000 is either:
1. Used to meet one of the national objectives contained in 24 CFR 570.208
fora 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,
2. Disposed of in a manner that results in COUNTY 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-CDBG funds for acquisition of, or improvement to, the
property. Such reimbursement is not required after the period of time specified in accordance
with X. B. 1. above.
'i XI. AUDITS
~' If SUBRECIPIENT expends Federal funds in a fiscal year 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 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
SUBRECIPIENT's expense even in instances when SUBRECIPIENT's 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.
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SUBRECIPIENT shall submit two (2) copies of such audit report, including a copy of the
management letter, to COUNTY within six (6) months of the end of each CONTRACT year in
which SUBRECIPIENT has received federal funding (i.e., July 1 -June 30). Failure to meet
this requirement may result in COUNTY denying reimbursement of funds to SUBRECIPIENT, as
well as future funding qualification. SUBRECIPIENTS, which are exempt from statutory audit
requirements, shall maintain records, which are available for review by COUNTY or
Federal officials. SUBRECIPIENT acknowledges that any and all "Financial Statements"
submitted to COUNTY pursuant to this COUNTY become Public Records and are subject to
public inspection pursuant to Sec.6250 et seq. of the California Government Code.
XII. FEDERAL ADMINISTRATIVE REQUIREMENTS
A. Financial Management
1. Accountina Standards
SUBRECIPIENT agrees to comply with 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 Principles
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 Rights
1. Compliance
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.
///
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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 pay or 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 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 CONTRACT.
C. Druq-Free Workplace
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:
a. The dangers of drug abuse in the workplace;
b. The SUBRECIPIENT's policy of maintaining adrug-free workplace;
c. Any available drug counseling, rehabilitation, and employee
assistance programs;
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 the 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 paragraph 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 employer 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;
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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
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 is 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 other appropriate agency.
D. Affirmative Action
SUBRECIPIENT 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
SUBRECIPIENT 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. Employment Restrictions
1. Prohibited Activity
SUBRECIPIENT is prohibited from using funds provided herein, or
personnel employed in the administration of the program, for: political activities, sectarian or
religious activities, lobbying, political patronage, and nepotism activities.
2. OSHA
~ Where employees are engaged in activities not covered under the
Occupational Safety and Health Act of 1970, they shall not be required or permitted to work,
be trained, or receive services in buildings or surroundings or under working conditions, which
are unsanitary, hazardous or dangerous to the participants' health or safety.
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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 federal labor standards regulations or Davis-Bacon related Acts.
b. SUBRECIPIENT will comply with Davis-Bacon Act and/or State
Prevailing Wage requirements, when applicable.
c. SUBRECIPIENT agrees to comply with all applicable requirements
of the Secretary of Labor in accordance with the Davis-Bacon Act, the provisions of Contract
Work Hours and Safety Standards Act, the Copeland "Anti-Kickback" Act (40 U.S.C. 276, 327-
333), and all other applicable federal, state and local laws and regulations pertaining to labor
standards. SUBRECIPIENT shall maintain all applicable documentation, which demonstrates
compliance with hour and wage requirements of this part. Such documentation shall be made
available to COUNTY for review upon request.
d. SUBRECIPIENT agrees that, except with respect to the
rehabilitation or construction of residential property designed for residential use for less than
eight (8) units, all contractors engaged in contracts of $2,000.00 or more for construction,
renovation or repair of any building or work financed in whole or in part with assistance
provided under this CONTRACT, shall comply with all applicable federal requirements including
Department of Labor regulations, under 29 CFR, Parts 3, 1, 5, 7 and 1926 governing the
payment of wages and ratio of apprentices and trainees to journeymen. Nothing hereunder is
intended to relieve SUBRECIPIENT of its obligation, if any, to require payment of the higher
rate under state or local laws SUBRECIPIENT shall insert provisions meeting the requirements
of this paragraph in all such Contracts.
e. In cases where the Davis-Bacon Act 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. Unless
prior written approval is received from DIRECTOR for modification SUBRECIPIENT shall
construct project in accordance with the approved Construction Sid Package.
4. California Labor Code Compliance
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.
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3 b. Paxroll Records
4 SUBRECIPIENT agrees that:
5 Certified copies of all payroll records for this project shall be
6 required pursuant to the provisions of California Labor Code "Section 1776". The reporting
7 format and words of certification shall be as indicated in Title 8 of the California Code of
8 Regulations, Section 16401.
9 Certified copies of payroll records of all subcontractors working on
l0 this project are required. It shall be the responsibility of the prime contractor to ensure
11 subcontractor compliance.
12 Certified copies of all payroll records shall be submitted on a
13 weekly basis to COUNTY through the duration of this CONTRACT.
14 SUBRECIPIENT acknowledges that failure to comply with Section
15 1776 may result in a forfeiture of twenty-five dollars ($25) for each calendar day, or portion
16 thereof, for each worker, until strict compliance is effectuated, and it should be recognized
17 that a contractor or subcontractor, or agent or representative thereof who neglects to comply
t8 is guilty of a misdemeanor pursuant to California Labor Code Section 1777.
19 5. Economic Opportunities
20 a. Compliance
21 This Contract is subject to the requirements of 12 USC 1701u, the
22 HUD regulations issued pursuant thereto at 24 CFR, 135.1 et seq., and any applicable rules
23 and orders of HUD issued Federal financial assistance shall be conditioned upon compliance
24 with 12 USC 1701u. Failure to fulfill these requirements shall subject SUBRECIPIENT and any
25 sub-subrecipients, their successors and assigns, to those remedies specified herein.
26 SUBRECIPIENT certifies and agrees that no conflict exists which would prevent compliance
27 with requirements.
28 The Contractor agrees to abide by 24 CFR, 135.38, below and will insert
29 the following clause in any subcontracts executed with third parties for work covered by this
30 Contract:
31 "The work to be performed under this contract is subject to the requirements of
32 section 3 of the Housing and Urban Development Act of 1968, as amended, 12
33 U.S.C. 1701u (section 3). The purpose of section 3 is to ensure that employment
34 and other economic opportunities generated by HUD assistance or HUD-assisted
35 projects covered by Section 3, shall, to the greatest extent feasib/e, be directed to
36 low- and very low-income persons, particularly persons who are recipients of HUD
37 assistance for housing.
38 ///
39 ///
40
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3 The parties to this contract agree to comply with HUD's regu/ations in 24 CFR part
4 135, which implement Section 3. As evidenced by their execution of this contract,
5 the parties to this contract certify that they are under no contractual or other
6 impediment that would prevent them from complying with the part 135
7 regu/ations.
8 The contractor agrees to send to each labor organization or representative of
9 workers with which the contractor has a collective bargaining agreement or other
t0 understanding if any, a notice advising the labor organization or workers'
I1 representative of the contractor's commitments under this section 3 clause, and
12 will post copies of the notice in conspicuous places at the work site where both
13 emp/oyees and applicants for training and employment positions can see the
14 notice. The notice shall describe the section 3 preference, shall set forth minimum
15 number and job titles subject to hire, availability of apprenticeship and training
16 positions, the qualifications for each; and the name and location of the person(s)
17 taking applications for each of the positions; and the anticipated ~ date the work
18 shall begin.
19 The contractor agrees to include this section 3 c/ause in every subcontract subject
20 to compliance with regulations in 24 CFR part 135, and agrees to take appropriate
21 action, as provided in an applicab/e provision of the subcontract or in this section 3
22 clause, upon a finding that the subcontractor is in violation of the regulations in 24
23 CFR part 135. The contractor will not subcontract with any subcontractor where the
24 contractor has notice or knowledge that the subcontractor has been found in
25 violation of the regulations in 24 CFR part 135.
26 The contractor will certify that any vacant employment positions, including training
27 positions, that are filled (1) after the contractor is selected but before the contract
28 is executed, and (2) with persons other than those to whom the regulations of 24
29 CFR part 135 require emp/oyment opportunities to be directed, were not filled to
30 circumvent the contractor's obligations under 24 CFR part 135.
31 Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions,
32 termination of this contract for default, and debarment or suspension from future
33 HUD assisted contracts.
34 With respect to work performed in connection with section 3 covered Indian
35 housing assistance, section 7(b) of the Indian Self-Determination and Education
36 Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under
37 this contract. Section 7(b) requires that to the greatest extend feasible (1)
38 preference and opportunities for training and employment shall be given to
39 Indians, and (ii) preference in the award of contracts and subcontracts shall be
40 given to Indian organizations and Indian-owned Economic Enterprises. Parties to
41 this contract that are subject to the provisions of section 3 and section 7(b) agree
42 to comply with section 3 to the maximum extent feasible, but not in derogation of
43 compliance with section 7(b). "
44 6. Hatch Act
45 SUBRECIPIENT agrees that no funds provided, nor personnel employed
46 under this CONTRACT, shall be in any way or to any extent engaged in the conduct of political
47 activities in violation of the Hatch Act, 5 U.S.C. Section 1501 et seq.
48
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IDIS No.1845
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7. Conflict of Interest
SUBRECIPIENT agrees to abide by the provisions of OMB Circulars 102 and 110, as applicable,
24 CFR 570.611 with respect to conflicts of interest, and covenants that it presently has no
financial interest and shall not acquire any financial interest, direct or indirect, which would
conflict in any manner or degree with the performance of services required under this
CONTRACT. SUBRECIPIENT further covenants that in the performance of this CONTRACT no
person having such a financial interest shall be employed or retained by SUBRECIPIENT
hereunder. These conflict of interest provisions apply to any person who is an employee,
agent, consultant, officer, or elected official or appointed official of COUNTY or SUBRECIPIENT,
or any designated public agencies which are receiving funds under the CDBG Entitlement
program.
G. Copyright
If this CONTRACT results in any copyrightable material, COUNTY and/or grantor
agency reserves the right to royalty-free, non-exclusive, and irrevocable license to reproduce,
publish or otherwise use and to authorize others to use, the work (i.e., photographs and the
like) for government purposes.
H. Religious Organization
In accordance with 24 CFR 570.200(j), SUBRECIPIENT shall not discriminate
against faith-based organizations in administering its federal HUD activities. However,
SUBRECIPIENT agrees that funds provided under this CONTRACT will not be utilized for
religious activities, to promote religious interest, or for the benefit of a religious organization in
accordance with 24 CFR 570.200(j)(2).
I. Anti-Lobbying
SUBRECIPIENT certifies that:
1. No Federal appropriated funds will be paid, by or on behalf of it, to any
person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of congress, or an employee of a Member of
Congress in connection with the awarding of any Federal Contract, the making of any Federal
grant, the making of any Federal loan, the entering into of any Cooperative Agreement, and
the extension, continuation, renewal, amendment, or modification of any Federal Contract,
grant, loan, or Cooperative Agreement;
2. SUBRECIPIENT will complete and submit Standard Form-LLL "Disclosure
of Lobbying Activities," if any funds other than Federal appropriated funds have been paid, in
accordance with its instructions; and,
3. SUBRECIPIENT shall include subject anti-lobbying certification in award
documents for all sub-subrecipients at all tiers (including sub-subcontracts, sub-subgrants,
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IDIS No.1845
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and Contracts under grants, loans, and Cooperative Agreements) and that all sub-
subrecipients shall certify and disclose accordingly.
XIII. ENVIRONMENTAL CONDITIONS
A. SUBRECIPIENT shall comply with HUD Environmental Review under HUD
regulations at 24 CFR 58 et seq., which implement the National Environmental Policy Act
(NEPA); and, the California Environmental Quality Act (CEQA). No costs shall be incurred and
no funds shall be disbursed prior to certification by COUNTY and/or HUD of environmental
compliance.
B. SUBRECIPIENT shall incur no costs for any project-related activity defined in
SUBRECIPIENT SCOPE OF SERVICES and COUNTY shall not disburse funds prior to certification
by COUNTY and/or HUD for environmental compliance.
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 seq.
3. Environmental Protection Agency (EPA) regulations pursuant to 40 CFR
50 and 40 CFR 58.
E. Flood Disaster Protection
SUBRECIPIENT agrees to comply with the requirements of the Flood Disaster Protection Act of
1973, including as applicable any regulations set forth in 24 CFR 55, 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 570.60$, and 24 CFR 35. 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 Fami/y From Lead In Your
Home" publication, found at http://www.epa.gov/lead that such properties may include lead-
based paint.
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Contract No. KC09845
IDIS No.1845
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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 rehabilitation and demolition of historic properties that are fifty years old or older or that
are included on a Federal, State, or local historic property list.
H. Energy Efficiency Standards
SUBRECIPIENT agrees to comply with the California Energy Commission
Assembly Bill 970, Title 24, Part I of the California Code of Regulations (A6970: Building
Efficiency Energy Standards), in regard to construction and property development, when
applicable.
XIV. NOTICES
Any communication with COUNTY and SUBRECIPIENT concerning this CONTRACT shall
be directed as follows:
COUNTY:
County of Orange
OC Community Resources
1770 North Broadway
Santa Ana, California 92706-2642
Attention: Chief, Community Development
SUBRECIPIENT:
City of Seal Beach
211 Eighth Street
Seal Beach, CA 90740
Attention: Lee Whittenberg
Phone: (562)431-2527
Fax: (562)430-8763
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Contract No. KC09845
IDIS No.1845
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IN WITNESS WHEREOF, SUBRECIPIENT has caused this CONTRACT to be
executed by its Mayor and its City Manager; COUNTY has caused this CONTRACT to be
executed by the DIRECTOR of OC Community Resources; 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: Gordon A. Shanks
Title: Mayor
Date:
Bv:
Name: David Carmany
Title: City Manager
Date:
*For Contractors/Vendors 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
Contractor/Vendor to a CONTRACT must sign on one of the lines above.
COUNTY OF ORANGE, a political
subdivision of the State of California
By:
DIRECTOR, OC Community Resources
COUNTY COUNSEL,
APPROVAL AS TO FORM:
April 1, 2009
Date:
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Scope of Services
CDBG Contract No.KC09845
IDIS No. 1845
COMMUNITY DEVELOPMENT BLOCK GRANT
SUBRECIPIENT SCOPE OF SERVICES
(Program Year 2009-10)
This Scope of Services is part of the Contract between the County of Orange
and City of Seal Beach, SUBRECIPIENT, dated It is incorporated
into that Contract as though fully set forth therein:
TITLE OF PROJECT: Leisure World Bathroom Accessibility Program
SUBRECIPIENT: City of Seal Beach
ACTIVITY: Housing Rehabilitation 570.202 (a)(1)
MATRIX CODE: 14a Rehab; Single-Unit Residential
I. SCOPE OF SERVICES
A. Activities
SUBRECIPIENT will be responsible for administering a Program Year
2009-10 Community Development Block Grant project described as follows in a
manner satisfactory to the COUNTY and consistent with any standards required as a
condition of providing these funds:
Project Description
The City of Seal Beach will use the CDBG funding to implement its
leisure World Bathroom Accessibility Program for 40 to 60 qualified senior citizens.
The program is designed to assist seniors with bathroom accessibility and safety by
cutting-down the tub walls and converting the tub/shower into an accessible shower-
only. In addition the funds will be use to install grab bars, highboy toilets, and
bathroom faucets that are ADA compliant. It is estimated that an average of $3,500
will be applicable per unit.
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Scope of Service
CDBG Contract No.KC09845
IDIS No. 1845
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
No. 1: Construction
Bathroom Rehabilitation
Level of Accomplishment
40 to 60 Housing Units,
C. National Objective
The subject activities are consistent in complying with the following
national objective as set forth in LMH 570.208(a)(3)
Direct Benefit -Low and Moderate Income: Low Mod Housing
D. Program Impact (outcomes): describe to what extent this activity delivers
the desired outcomes in the community or in the lives of the persons assisted:
1. Decent Housing 2. Affordability
II. BUDGET
A. This contract is in an amount not to exceed $200,000.00 (Two Hundred
Thousand Dollars and 00 Cents).
B Project Funding Budget
1. The subject proposal will be financed under this contract as
follows:
Construction Costs $200,000.00
Total $200,000.00
2. Funds shall be used for the following items:
Costs relating to construction rehabilitation of senior housing bathroom units.
Reimbursement will be valid for construction, materials and supplies, labor costs,
handicap fixtures and hauling away of all waste materials.
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Scope of Services
CDBG Contract No. KC09845
IDIS No. 1845
3. Line items identified in Section II.B.1. 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 DIRECTOR, 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(a)(1). '
III. SUBRECIPIENT CONTACT
City of Seal Beach
211 Eight Street
Seal Beach, CA 90740
Attention: Lee Whittenberg
Phone: (562)431-2527
Fax: (562)430-8763
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Exhibit to Contract No. KC09845
OC Community Resources
Child Suooort Provisions
ese Child Support Enforcement Provisions have been approved by the Orange County Board
Supervisors and are hereby incorporated into Contract No.KC09845 at the direction of the
10 Director, OC Community Resources. ,
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13 PROVISIONS
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15 Child Support Enforcement Requirements
16 1. In order to comply with child support enforcement requirements of the
17 County of Orange, within 30 days of award of contract, contractor agrees to furnish to the
18 contract administrator:
19 a. In the case of an individual contractor, his/her name, date of
20 birth, Social Security number, and residence address;
21 b. In the case of a contractor doing business in form other than as
22 an individual, the name, date of birth, Social Security number, and residence address of each
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ndividual who owns an interest of 10 percent or more in the contracting entity;
c. A certification that the contractor has fully complied with all
applicable federal and state reporting requirements regarding its employees; and
d. A certification that the contractor has fully complied with all
awfully served Wage and Earnings Assignment Orders and Notices of Assignment and will
:ontinue to so comply.
2. The certification will be stated as follows:
"I certify that CitX of Seal Beach is in full compliance with all applicable
federal and state reporting requirements its emp/ogees 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. KC09845 with the County of
Orange. I understand that failure to comp/y 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. "
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Exhibit to Contract No. KC09845
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. KC09845
ORANGE COUNTY CHILD SUPPORT ENFORCEMENT
CERTIFICATION REQUIREMENTS
In the case of an individual contractor, his/her name, date of birth, Social Security
number, and residence address:
Name:
D.O.B..
Social Security No:.
Residence Address:
B. 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.B.:
Social Security No:
Residence Address:
Name:
D.O.B.:
Social Security No:
Residence Address:
Name:
D.O.B.:
Social Security No:
Residence Address:
Form 5-21-98/2009
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Exhibit to Contract No. KC09845
CERTIFICATION OF COMPLIANCE
"I certify that City of Seal Beach is in full compliance with 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. KC09845 or,
2) the Contract for City of Seal Beach -Leisure World Bathroom Accessibility Program
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.n
By:
Authorized Signature
Name: Gordon A. Shanks
Title: Mayor
By:
Authorized Signature
Name: David Carmanv
Title: City Manager
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Certification 5-21-98
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