HomeMy WebLinkAboutCC AG PKT 2010-07-12 #OAGENDA STAFF REPORT
DATE: July 12, 2010
TO: Honorable Mayor and City Council
THRU: David Carmany, City Manager
FROM: Mark H. Persico, AICP, Director of Development Services
SUBJECT: CONTRACT WITH ORANGE COUNTY COMMUNITY
RESOURCES (OCCR) FOR COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) FUNDED
PROGRAM OF BATHROOM ACCESSIBILITY
IMPROVEMENTS IN LEISURE WORLD (PROGRAM
YEAR 2010 - 2011) (CONTRACT NO. KC10918)
SUMMARY OF REQUEST:
Adopt Resolution No. 6029 approving a one year contract (Program Year 2010 —
2011) between the City and Orange County Community Resources (OCCR) for
the Bathroom Accessibility Improvement Program at Leisure World.
BACKGROUND AND FACTS:
The City receives a $200,000 grant from Orange County Community Resources
(OCCR) to complete bathroom accessibility improvements in Leisure World for
qualifying residents. This is the second three year grant cycle the City has been
awarded by OCCR. This is would be the third and final year of the grant. Based
upon the success of the program, however, staff will be applying for another
grant in the next funding cycle. The table below shows activity over the last five
years:
CDBG Funded Leisure World Program
Fiscal Year
Units Improved
FY 05 — 06
71
FY 06 — 07
96
FY 07 — 08
84
FY 08 — 09
80
FY 09 — 10
86
Total
417
Agenda Item 0
Page 2
There are no other changes in the contract terms or Leisure World program from
the previous two years.
FINANCIAL IMPACT:
There are no general fund fiscal impacts created by this contract.
(See item "G" - Budget Amendment 11- 01 -02)
RECOMMENDATION:
It is recommended that the City Council adopt Resolution No. 6029 approving a
contract with Orange County Community Resources (OCCR) for Program Year
2010 — 2011 (Contract No. KC10918).
SUBMITTED BY:
Mark H. Persico, AICP
Director of Development Services
NOTED AND APPROVED:
David CarnVany, City Manager
Attachment
A. Resolution No. 6029
B. Contract Extension (KC10918)
RESOLUTION NUMBER 6029
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 2010 -2011 AND AUTHORIZING EXECUTION
OF CONTRACT NO. KC10918 (LEISURE WORLD BATHROOM
ACCESSIBILITY PROGRAM)
WHEREAS, it is the intent of the City of Seal Beach to participate with the
County of Orange for a grant authorized under the Housing
and Community Development Act of 1974; and
WHEREAS, the Housing and Community Development Act of 1974
authorizes cities under 50,000 in population to enter into
cooperative agreements with the county in which they are
located for the purpose of undertaking essential community
development activities; and
WHEREAS, the Federal government requires participating cities to
provide certifications that the funds will be obtained and
utilized pursuant to 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
Leisure World Census Tracts 995.09 and 995.10 were
originally 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 City received a
second three grant cycle for fiscal years 2008 -09 through
2010 -11. This is the third and final year of the grant cycle.
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. KC10918 will implement this approved housing
rehabilitation program for Fiscal Year 2010 -2011.
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 6029
PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal
Beach, at a regular meeting held on the 12th day of July , 2010 by the
following vote:
AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members
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, do hereby certify that the
foregoing resolution is the original copy of Resolution Number 6029 on file in
the office of the City Clerk, passed, approved, and adopted by the City Council at
a regular meeting held on the 12th day of July , 2010.
City Clerk
CONTRACT NO. KC10918
IDIS NO. 1918
COUNTY OF ORANGE
OC COMMUNITY RESOURCES
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
HOUSING REHABILITATION - CITY
PROGRAM YEAR 2010 -11
TITLE OF PROJECT: City of Seal Beach, Leisure World Bathroom Accessibility Program
570.202 (a)(1), 14A- Rehab; Single -Unit Residential
CFDA No. 14.218
This agreement, hereinafter referred to as "CONTRACT ", is entered into on,
BY AND BETWEEN City of Seal Beach, a municipal corporation,
in the State of California, and hereinafter
referred to as "SUBRECIPIENT ".
AND 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, 2009 as amended, in which both parties agreed to cooperate in the
undertaking, or assist in the undertaking, of community development and housing assistance
activity; 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
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IDIS NO. 1918
WHEREAS, COUNTY approved an allocation of $200,000.00 (Two Hundred Thousand
Dollars and 00 Cents) in project funding to SUBRECIPIENT for the Fiscal Year 2010 -11; and
WHEREAS, HUD has accepted and certified the ANNUAL ACTION PLAN; and
WHEREAS, COUNTY engages SUBRECIPIENT to assist COUNTY in utilizing aforesaid
funds.
NOW, THEREFORE, the parties enter into the following:
I. CONTRACT FORM
This CONTRACT consists of:
A. The following provisions;
B. All applicable Federal Regulations, including 24 CFR 570;
C. Applicable State and COUNTY laws and regulations; and,
D. The attached SUBRECIPIENT SCOPE OF SERVICES, is incorporated as if fully
set forth herein; and,
E. The attached CHILD SUPPORT PROVISION, which is incorporated as if fully set
forth herein; and,
F. The attached Exhibit 1 OC COMMUNITY RESOURCES CONTRACT REIMBURSEMENT
POLICY, which is incorporated as if fully set forth herein; and,
G. The Grant Agreement between HUD and the County of Orange.
II. DEFINITIONS
For the purposes of this CONTRACT the following definitions shall apply:
A. HUD: United States Department of Housing and Urban Development.
B. OC COMMUNITY RESOURCES: Designated as the Lead for the development and
implementation of County of Orange Urban County Program's Consolidated Plan.
C. DIRECTOR: DIRECTOR of the OC Community Resources, or designee.
D. PROGRAM INCOME: The gross income received by SUBRECIPIENT directly
generated from the use of the subject program funds.
E. CONSTRUCTION BID PACKAGE: A package of bidding documents which includes
the proposal, bidding instructions, CONTRACT documents, detailed estimated costs, and plans
and specifications for a construction project, all prepared in accordance with applicable
Federal regulations.
F. GRANTEE PERFORMANCE REPORT (GPR) INFORMATION FORM: A PROJECT
activity data document provided by COUNTY to SUBRECIPIENT used to monitor and track the
performance of SUBRECIPIENT.
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CONTRACT NO. KC10918
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G. OC COMMUNITY RESOURCES CONTRACT REIMBURSEMENT POLICY: A COUNTY
document setting policies regarding types of documentation required to support the costs
incurred and paid (including but not limited to copies of paid invoices, certified payroll
registers, bank statements, etc.).
H. PROJECT: Any site or sites, including buildings, and /or activities assisted with
federal program funds.
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. A new activity not previously listed and described in the Consolidated
Plan /Annual Action Plan;
2. A proposal is made to amend the description of an existing activity in such
a way that the newly described purpose, scope, or beneficiaries differ significantly from the
original activity's purpose, scope, or beneficiaries; or
3. An increase in the amount of Federal Community Planning Development
and /or local funds allocated to an existing activity when the following apply:
a. An increase in funding for a public services activity in an amount
greater than 50% increase over the current funded amount.
b. An increase in the funding for public facility improvements /housing
rehabilitation in an amount greater than 50% increase over the current funded amount.
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
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IDIS NO. 1918
CONTRACT may be terminated by the COUNTY at the end of the period for which funds are
available. The COUNTY shall notify SUBRECIPIENT at the earliest possible time of any service,
which will or may be affected by a shortage of funds. No penalty shall accrue to the COUNTY
in the event this provision is exercised and the COUNTY shall not be obligated nor liable for
any damages as a result of termination under this provision of this CONTRACT, and nothing
herein shall be construed as obligating the COUNTY to expend or as involving the COUNTY in
any contract or other obligation for the future payment of money in excess of appropriations
authorized by law.
B. SUBRECIPIENTS shall allow representatives of the County of Orange, or HUD to
inspect facilities, which are used in connection with the contracts, made to implement
programs funded under this contract. SUBRECIPIENTS acknowledge that HUD funds are not
meant to replace or supplant other sources of funding.
C. SUBRECIPIENT shall maintain any applicable licenses or permits, and meet any
facility code regulations required for the program(s) funded under the contract.
IV. TERM
A. Eligible costs related to services provided by SUBRECIPIENT must be incurred
during the period beginning July 1, 2010. The PROJECT shall be completed and all funds
provided through this CONTRACT shall be expended on eligible PROJECT activities prior to
June 30, 2011. 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 COUNTY approved projects.
B. SUBRECIPIENT may be eligible to request additional funding up to the
maximum set forth in the applicable FY 2010 -11 Annual Action Plan if SUBRECIPIENT meets
or exceeds any one of the Required Expenditure Thresholds at 50 %, 70% or 80% on or prior
to the milestone date established herein in Section VI.E.3.
C. If additional funding is available for allocation to SUBRECIPIENT,
SUBRECIPIENT and COUNTY shall first amend the Subrecipient Scope of Services component
of this CONTRACT. Furthermore, SUBRECIPIENT shall demonstrate, to the satisfaction of
DIRECTOR, that the required Performance Expenditure and Accomplishment Thresholds set
forth herein Section VI.E. 3. and Section VIII.B., as amended, will continue to be met before
such extension and additional allocation shall be granted.
D. CONTRACT Extension
1. The term of this CONTRACT and the provisions herein may be extended
to cover an additional time period as specified herein.
2. The date for PROJECT completion and expenditure of all funds may be
extended by the DIRECTOR without further action by the BOARD for a period not to exceed
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six (6) months from June 30, 2011.
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 applicable to PROGRAM
ADMINISTRATION activities.
V. AMENDMENTS
A. COUNTY, through its DIRECTOR without further action by the COUNTY's Board
of Supervisors (hereinafter referred to as "BOARD ") and SUBRECIPIENT may, 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.
D. In an effort to efficiently utilize CDBG funds within timeframes required by
HUD, the County will consider the reprogramming of unspent CDBG balances from completed
and cancelled CDBG- funded activities to other eligible activities as a "Non- Substantial
Amendment ". In the event that any of these "administrative" reprogramming actions fall
under the "substantial amendment" criteria, the proposed actions are subject to the Citizen
Participation process, requires formal action by the Board of Supervisors, and subsequent
approval by HUD.
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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 and
00 Cents). 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.
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, 2010 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 monthly basis beginning on July 1, 2010, and must provide adequate documentation as
required by COUNTY in accordance with the OC COMMUNITY RESOURCES CONTRACT
REIMBURSEMENT POLICY, incorporated herein by reference as Exhibit 1. In addition,
SUBRECIPIENT will provide a progress performance report ( "GPR Information Form ") for the
time period covered, as prescribed by COUNTY. Failure to provide any of the required
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CONTRACT NO. KC10918
IDIS NO. 1918
documentation and reporting will cause COUNTY to withhold all or a portion of a request for
reimbursement, or return the entire reimbursement package to SUBRECIPIENT, until such
documentation and reporting has been received and approved by COUNTY.
2. If SUBRECIPIENT has no request for reimbursement during any quarter
during the term of this CONTRACT, a GPR Information Form, including 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 performance including, but not
limited to, determinations of future award of funds, additional funding requests and /or
determinations for the recapture of funding.
Minimum Required
Milestone Date Expenditure Threshold
December 15, 2010 50% of Contracted Amount Expended
January 15, 2011 70% of Contracted Amount Expended
March 15, 2011 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 a Year -End Program Income
letter, indicating amount of Program Income and include any reimbursement remittance
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CONTRACT NO. KC10918
IDIS NO. 1918
necessitated therein, by July 15, 2011.
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. 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.
CONTRACT NO. KC10918
IDIS NO. 1918
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,
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 ,al2oroval 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
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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.
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 Key Rating Guide /Property - Casualty /United States or ambest.com
shall be A- (Secure Best's Rating) and VIII (Financial Size Category). Contractor will file with
the County, prior to the commencement of performance of services under the Contract an
original Certificate of Insurance and all required endorsement evidencing that coverage
required by this Contract is in effect.
5. If the carrier is a non - admitted carrier in the State of California, COUNTY
Executive Office /Office of Risk Management retains the right to approve or reject carrier after
a review of the company's performance and financial ratings.
6. The policy or policies of insurance maintained by SUBRECIPIENT shall
provide the minimum limits and coverage as set forth herein below:
Coverage
Commercial General Liability to
include a Broad Form Property
Minimum Limits
$1,000,000 combined single limit
per occurrence
Damage Endorsement
and Contractual Liability
Automobile Liability including coverage for
all owned, non -owned and hired vehicles
$2,000,000 Aggregate
$1,000,000 combined single limit
per occurrence
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Workers' Compensation
Employer's Liability
Sexual Misconduct
Statutory
$1,000,000 per occurrence
$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.
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.
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8. Insurance information shall be submitted to:
COUNTY OF ORANGE
OC COMMUNITY RESOURCES
ATTENTION: MANAGER, COMMUNITY DEVELOPMENT
1770 NORTH BROADWAY
SANTA ANA, CA 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.
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
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recognition, which shall be available for periodic monitoring by representatives of COUNTY or
HUD.
I 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;
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 CDBG program;
6. Financial records as required by 24 CFR 570.502, and OMB Circular A-
87; and
7. Other records necessary to document compliance with Subpart K of 24
CFR 570.
8. Retention
SUBRECIPIENT 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 s /he has received final payment.
9. Client Data
a. SUBRECIPIENT shall maintain client data demonstrating client
eligibility for services provided for a period of five (5) years after the termination of all
activities funded under this CONTRACT, or after the resolution of all Federal audit 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 HUD representatives, COUNTY monitors, or their designees, for
review upon request.
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b. SUBRECIPIENT shall develop and implement procedures to
ensure the confidentiality of records pertaining to any individual provided family violence
prevention or treatment services under any project assisted under the subject program,
including protection against the release of the address or location of any family violence
shelter project, except with the written authorization of the person responsible for the
operation of the shelter.
10. Property Records
SUBRECIPIENT shall maintain real property inventory records, which clearly
identify properties purchased, improved, or sold. Properties retained shall continue to meet
eligibility criteria, rental limitations, health, safety and building codes, etc., and shall conform
with 24 CFR 570.505(a).
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 VI.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
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accomplishment goals at the required levels, unless exempted in writing by the DIRECTOR.
Minimum Performance Expenditure_
Milestone Date and Accomplishment Thresholds
December 15, 2010 50% of Contracted Amount Expended and
50% of Proposed Accomplishments Met
January 15, 2011 70% of Contracted Amount Expended and
70% of Proposed Accomplishments Met
March 15, 2011 80% of Contracted Amount Expended and
80% of Proposed Accomplishments Met
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, 2011.
D. Should the activity being funded through this CONTRACT be completed,
cancelled or terminated prior to the termination date set forth herein in Section IV. A.,
SUBRECIPIENT shall complete and submit a Mid -Year End GPR Information Form at the time
of the completion, cancellation or termination. Said GPR Information Form shall consist of a
cumulative reporting of project- related expenditures and accomplishments relative to the
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 Information Form in support of
all requests for reimbursement. Said GPR Information Form 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 Information Form, 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
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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.
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 for a period not less than five years, or for such period of time as determined to be
appropriate by COUNTY, after expiration of the CONTRACT and close -out of SUBRECIPIENT's
participation in the CDBG Program, or, until five years after the close -out of the grant from
which the assistance to the property was provided, whichever occurs first; or,
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.
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,
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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 (GRAS) 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. 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. Accounting 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
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Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination
Act of 1975, Executive Order 11063, and with Executive Order 11246, as amended by
Executive Orders 11375 and 12086.
2. Nondiscrimination
SUBRECIPIENT shall not discriminate against any employee or applicant
for employment because of race, color, creed, religion, ancestry, national origin, sex,
disability or other handicap, age, marital status, or status with regard to public assistance.
SUBRECIPIENT will take affirmative action to insure that all employment practices are free
from hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, and
termination discrimination. Such employment practices include but are not limited to the
following: rates of 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. Drug -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 a drug -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;
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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;
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.
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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.
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 Bid Package.
4. California Labor Code Compliance
a. If Prevailing Wage laws apply, SUBRECIPIENT hereby agrees to
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pay, or cause its subcontractors to pay, Prevailing Wage rates at all times for all construction,
improvements, or modifications to be completed for COUNTY' under this CONTRACT.
Subrecipient herein agrees that SUBRECIPIENT shall post, or cause to be posted, a copy of
the most current, applicable Prevailing Wage rates at the site where the construction,
improvements, or modifications are performed.
b. Payroll Records
SUBRECIPIENT agrees that: Certified copies of all payroll records
for this project shall be required pursuant to the provisions of California Labor Code "Section
1776 ". The reporting format and words of certification shall be as indicated in Title 8 of the
California Code of Regulations, Section 16401.
Certified copies of payroll records of all subcontractors working
on this project are required. It shall be the responsibility of the prime contractor to ensure
subcontractor compliance. Certified copies of all payroll records shall be submitted on a
weekly basis to COUNTY through the duration of this CONTRACT.
SUBRECIPIENT acknowledges that failure to comply with Section
1776 may result in a forfeiture of twenty -five dollars ($25) for each calendar day, or portion
thereof, for each worker, until strict compliance is effectuated, and it should be recognized
that a contractor or subcontractor, or agent or representative thereof who neglects to comply
is guilty of a misdemeanor pursuant to California Labor Code Section 1777.
5. Economic Opportunities
a. Compliance
This Contract is subject to the requirements of 12 USC 1701u,
the HUD regulations issued pursuant thereto at 24 CFR, 135.1 et seq., and any applicable
rules and orders of HUD issued Federal financial assistance shall be conditioned upon
compliance with 12 USC 1701u. Failure to fulfill these requirements shall subject
SUBRECIPIENT and any sub - subrecipients, their successors and assigns, to those remedies
specified herein. SUBRECIPIENT certifies and agrees that no conflict exists which would
prevent compliance with requirements.
The Contractor agrees to abide by 24 CFR, 135.38, below and will insert
the following clause in any subcontracts executed with third parties for work covered by this
Contract:
"The work to be performed under this contract is subject to the requirements of
section 3 of the Housing and Urban Development Act of 1968, as amended, 12
U.S.C. 1701u (section 3). The purpose of section 3 is to ensure that employment
and other economic opportunities generated by HUD assistance or HUD - assisted
projects covered by Section 3, shall, to the greatest extent feasible, be directed to
low- and very low - income persons, particularly persons who are recipients of HUD
assistance for housing.
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The parties to this contract agree to comply with HUD's regulations in 24 CFR part
135, which implement Section 3. As evidenced by their execution of this contract,
the parties to this contract certify that they are under no contractual or other
impediment that would prevent them from complying with the part 135
regulations.
The 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.
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.
The contractor will certify that any vacant employment positions, including
training positions, that are filled (1) after the contractor is selected but before the
contract is executed, and (2) with persons other than those to whom the
regulations of 24 CFR part 135 require employment opportunities to be directed,
were not filled to circumvent the contractor's obligations under 24 CFR part 135.
Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions,
termination of this contract for default, and debarment or suspension from future
HUD assisted contracts. With respect to work performed in 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). "
6. Hatch Act
SUBRECIPIENT agrees that no funds provided, nor personnel employed
under this CONTRACT, shall be in any way or to any extent engaged in the conduct of political
activities in violation of the Hatch Act, 5 U.S.C. Section 1501 et seq.
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
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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,
and Contracts under grants, loans, and Cooperative Agreements) and that all sub -
subrecipients shall certify and disclose accordingly.
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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 58, as amended.
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 570.608, 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 Family From Lead In
Your Home" publication, found at http: / /www.epa.gov /lead that such properties may include
lead -based paint.
G. Historic Preservation
SUBRECIPIENT agrees to comply with the Historic Preservation requirements
set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and
the procedures set forth in 36 CFR 800, Protection of Historic Properties, insofar as they apply
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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 (AB970: 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: Manager, Community Development
SUBRECIPIENT:
City of Seal Beach
211 Eighth Street
Seal Beach, CA 90740
Attention: Mark Persico
Phone: (562) 431 -2527
FAX: (562) 430 -8763
-25-
CONTRACT NO. KC10918
IDIS NO. 1918
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: David Saloan
Title: Mayor
Date:
By:
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
COUNTY COUNSEL,
APPROVAL AS TO FORM:
Date: 4/28/10
By:
DIRECTOR,
OC Community Resources
Date:
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