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HomeMy WebLinkAboutAGMT - Orange County (CDBG Assisted Activities - KC05025) • - I Amendment No. 2 to 2 Contract No. KC05025 3 IDIS #: 1607 4 5 AMENDMENT NO. 2 • 6 TO CONTRACT NO. KC05025 WITH THE CITY OF SEAL BEACH 7 COUNTY OF ORANGE/HOUSING AND COMMUNITY 8 SERVICES DEPARTMENT 9 • (CDBG PROGRAM) 10 11 TITLE OF PROJECT: LEISURE WORLD HOUSING REHABILITATION PROGRAM 12 570.202 (a) (1); 14A Rehab: Single Unit Residential 13 14 AMENDMENT NO. 2 TO CONTRACT executed on Na /2.404- 15 16 BY AND BETWEEN: The City of Seal Beach, a municipal 17 corporation, in the State of California, and • 18 hereinafter referred to as "SUBRECIPIENT", 19 20 AND COUNTY OF ORANGE, a political subdivision 21 of the State of California and recognized 22 Urban County under the Federal Housing 23 and Community Development Act of 1974 24 (Public Law 93-383), as amended, 25 hereinafter referred to as "COUNTY". 26 27 RECITALS 28 This Amendment No. KC05025 is made with reference to the following facts: 29 WHEREAS, the parties hereto on August 12, 2005, entered into the above referenced 30 Contract for $ 200,000.00 for a program; and, 31 • WHEREAS, the SUBRECIPIENT has submitted to COUNTY a request to amend and/or 32 extend Contract No. KC05025 and, pursuant to Section IV, the parties are permitted to 33 extend and/or amend (including, but not limited to, reprogramming of funds, change of scope 34 of services and/or eligible costs items) subject contract; and, 35 WHEREAS, pursuant to Section IV of the above referenced contract, the parties desire 36 to amend Contract No. KCO5025 to permit: 37 ❑ the reprogramming of $ from Contract No. 38 to Contract No. • 39 ❑ the amending of the Scope of Services to capture eligible activities and 40 reimbursable costs; 41 V the extension of contract term; 42 ❑ the increase of funding through reprogramming of available, uncommitted 43 program income and/or recaptured funds; 44 ❑ the decrease of funding through reprogramming of available, uncommitted 45 program income and/or recaptured funds. 46 47 - 1 - 1 • 0 Amendment No. 2 to 2 Contract No. KC05025 3 IDIS #: 1607 4 5 6 NOW THEREFORE. IT IS AGREED BY THE PARTIES HERETO, that the Contract 7 No. KC05025 is hereby amended as follows: 8 9 A. Contract Changes: 10 1. Delete the following: 11 Page 3, lines 34 to 38 and page 4, lines 1-6 12 "B. Eligible cost related to services provided by SUBRECIPIENT must be 13 incurred during the period beginning July 1, 2005. The PROJECT shall be completed and all 14 funds provided through this CONTRACT shall be expended on eligible PROJECT activities prior 15 to June 30, 2006. The term of this CONTRACT shall be expended upon mutual agreement of 16 the parties in writing in accordance with Section IV.D. below. County shall reclaim unused 17 balance of funds for reallocation to other COUNTY approved projects if such extension does 18 not occur" 19 2. The following shall be substituted in place of the above: 20 Page 3, lines 34 to 38 and page 4, lines 1-6 21 "B. Eligible cost related to services provided by SUBRECIPIENT must be 22 (incurred during the period beginning July 1, 2005. The PROJECT shall be completed and all 23 funds provided through this CONTRACT shall be expended on eligible PROJECT activities prior 24 to December 31, 2006. The term of this CONTRACT shall be expended upon mutual 25 agreement of the parties in writing in accordance with Section IV.D. below. County shall 26 reclaim unused balance of funds for reallocation to other COUNTY approved projects if such 27 extension does not occur." 28 29 EXCEPT AS AMENDED HEREIN, the remainder of Contract No. KC05025 shall remain in 30 full force and effect. 31 /1/ 32 /1/ 33 V11 34 . //I 35 /// 36 /1/ 37 /// 38 /1/ 39 /// 40 /// 2 eGiYi- • 1 • • •2 Amendment No. 2 to 3 Contract No. KC05025 4 IDIS 1607 5 6 7 8 IN WITNESS WHEREOF, SUBRECIPIENT has caused this Amendment No.KC05025 to 9 be executed by its Director of Development Services and attested by its Senior Planner; 10 COUNTY has caused this Amendment No. 2 to be executed by the Director of Housing and 11 Community Services Department, all having been duly authorized by the City Council of 12 SUBRECIPIENT and the Orange County Board of Supervisors, respectively. 13 14 SUBRECIPIENT*: 15 City of Seal Beach, a municipal corporation 16 organization, in the State 17 of California 18 19 ** / Qom, /���� �} � . 20 By:AO, I.S�1//�///�/ By: �'""r I 21 Na • =. Lee Whittenberg Name: Christy Tea ue 22 Ti le: Director of Community Dew •.ment Services Title: Senior Planner 23 Date: v— '0•41--®6 Date: . • 2-q—elto 24 25 *For Contractors/Vendors that are a corporation. Signature requirements are as follows: 26 1) One signature by the Chairman of the Board, the President or any Vice President, 27 And 28 2) One signature by the Secretary, any Assistant Secretary, the Chief Financial Officer 29 or an Assistant Treasurer. 30 For Contractors/Vendors that are not a corporation, the person who has authority to bind the 31 Contractor/Vendor to a CONTRACT must sign on one of the lines above. 32 33 34 COUNTY OF ORANGE, a political 35 subdivision in the State of California 36 37 By: '�/ 38 Director 39 Housing and Community Services 40 • Date: 77/10k_ • 41 42 ///////////////////////////////////////////////////////////////////////////////////////////////////////// 43 COUNTY COUNSEL 44 APPROVAL AS TO FORM 45 46 Date: April 14, 2005 47 / / / 48 / / / -3 - Ia) t- Contract No KCO5025 �� � ' IDIS No.: 1607 . . COUNTY OF ORANGE HOUSING AND COMMUNITY SERVICES DEPARTMENT "To work in partnership with and advocate for Orange County's diverse communities, improve lives by supporting and providing needed community services, strengthen economic viability, and preserve and expand affordable housing opportunities; thereby enhancing the quality of life for our community." Transmittal of Contract SUBRECIPIENT: City of Seal Beach PROJECT TITLE: Leisure World ADA Housing Rehabilitation Program FUNDING SOURCE: CDBG this the above efe referenced d AAccompanying is coverpage is t e a ran contract, which includes: TABLE OF CONTENTS ` I. ContractForm • II. Definitions III. Conditions of Funding _ ` a. Amount of contract: $200,000.00 IV. Amendments V. Payments VI. General Administration / VII. Performance V�Il. Perfnrmance Monitoring IX. Modifications/Transfers of Real Estate X. Audits XI. Federal Administrative Requirements XII. Environmental Condition§ , XIII. Notices i- [,D4' 1 • Contract No. KCO5025 2 IDIS No. 1607 3 4 5 6 COUNTY OF ORANGE 7 HOUSING AND COMMUNITY SERVICES DEPARTMENT 8 COMMUNITY DEVELOPMENT BLOCK GRANT- PARTICIPATING CITY 9 (Program Year 2005 -06) 10 11 TITLE OF PROJECT: Leisure World ADA Housing Rehabilitation Program 12 570.202 (a)(1); 14A Rehab: Single Unit Residential 13 14 This agreement, hereinafter referred to as "CONTRACT ", is entered into on �`\ Z O , 15 16 BY AND BETWEEN City of Seal Beach, a municipal corporation, 17 in the State of California, and hereinafter 18 referred to as "SUBRECIPIENT ". 19 20 AND COUNTY OF ORANGE, a political subdivision 21 • of the State of California and recognized Urban 22 County under the Federal Housing and 23 Community Development Act of 1974 (Public 24 Law 93 -383), as amended, hereinafter, 25 referred to as "COUNTY ". 26 27 RECITALS 28 This CONTRACT is made with reference to the following facts, among others: 29 WHEREAS, COUNTY has applied for and anticipates receiving funds from the United 30 States Department of Housing and Urban Development, hereinafter referred to as "HUD ", 31 under Title I of the Housing and Community Development Act of 1974 (Public Law 93 -383, as 32 amended) for the purpose of funding projects meeting one of the HUD national objectives; 33 and 34 WHEREAS, COUNTY and Participating Cities previously entered into a Cooperation 35 Agreement dated July 15, 2002, as amended, in which both parties agreed to cooperate in the 36 undertaking, or assist in the undertaking, of community development and housing assistance 37 activities; and 38 WHEREAS, SUBRECIPIENT has submitted to COUNTY an application for funding of a 39 housing and community development activity; and 40 WHEREAS, COUNTY adopted its Annual Action Plan, (hereinafter referred to as 41 "ANNUAL ACTION PLAN "), including any mid -year amendments, which sets forth the PROJECT 42 described herein; and 43 /// 44 /// -1- nitials 1 Contract No. KCO5025 2 IDIS No.1607 3 4 WHEREAS, HUD, in accordance with 24 CFR Part 570 Subpart 0, 570.902, will annually 5 review the performance of COUNTY to determine whether COUNTY has carried out it's 6 Community Development Block Grant (CDBG) assisted activities in a timely manner and has 7 significantly disbursed CDBG funds and met the mandated "1.5 %" threshold; and 8 WHEREAS, COUNTY approved an allocation of $200,000.00 (Two Hundred Thousand 9 Dollars and 00 Cents) in project funding to SUBRECIPIENT for the Fiscal Year 2005 -06; and. 10 WHEREAS, HUD has accepted and certified the ANNUAL ACTION PLAN. 11 WHEREAS, COUNTY engages SUBRECIPIENT to assist COUNTY in utilizing aforesaid 12 funds. 13 NOW, THEREFORE, the parties enter into the following: 14 I. CONTRACT FORM 15 This CONTRACT consists of: 16 A. The following provisions; 17 B. All applicable Federal Regulations, including 24 CFR 570; 18 C. Applicable State and COUNTY laws and regulations; and, 19 D. The attached SUBRECIPIENT SCOPE OF SERVICES, which is incorporated as if 20 fully set forth herein; and, 21 E. The attached CHILD SUPPORT PROVISIONS, which are incorporated as if fully ,22 set forth herein. 23 II. DEFINITIONS 24 For the purposes of this CONTRACT the following definitions shall apply: 25 A. HUD: United States Department of Housing and Urban Development. 26 B. HOUSING AND COMMUNITY SERVICES DEPARTMENT (HCS): COUNTY 27 department designated as the Lead Agency for the development and implementation of 28 County of Orange Urban County Program's Consolidated Plan. 29 C. DIRECTOR: DIRECTOR of the Orange County Housing and Community 30 Services Department, or designee. 31 D. EQUIPMENT: Tangible, non - expendable, personal property having a useful life 32 of more than one year and an acquisition cost of $5,000 or more per unit. 33 E. PROGRAM INCOME: The gross income received by SUBRECIPIENT directly 34 generated from the use of the subject program funds. 35 F. CONSTRUCTION BID PACKAGE: A package of bidding documents which includes 36 the proposal, bidding instructions, CONTRACT documents, detailed estimated costs, and plans 37 and specifications for a construction project, all prepared in accordance with applicable 38 Federal regulations. initials 1 S • Contract No. KCO5025 2 IDIS No.1607 3 4 5 G. GRANTEE PERFORMANCE REPORT (GPR) INFORMATION FORM: A PROJECT 6 activity data document provided by COUNTY to SUBRECIPIENT used to monitor and track the 7 performance of SUBRECIPIENT. 8 H. HOUSING AND COMMUNITY SERVICES (HCS) POLICY ON DOCUMENTING 9 SUBRECIPIENT COSTS: A COUNTY document setting policies regarding types of 10 documentation required to support the costs incurred and paid (including but not limited to 11 copies of paid invoices, certified payroll registers, bank statements, etc.). 12 I. PROJECT: Any site or sites, including buildings, and /or activities assisted with 13 federal program funds. 14 J. PROGRAM ADMINISTRATION: An activity relating to the general management, 15 oversight and coordination of community development programs. Costs directly related to 16 carrying out eligible activities are not included. 17 CK. OMB: Federal Office of Management and Budget. 18 L. CAPER: Consolidated Annual Performance and Evaluation Report. An annual 19 published report to HUD and the public on all housing- related activities. 20 M. CDBG: Community Development Block Grant funds. 21 III. CONDITIONS OF FUNDING 22 • A. SUBRECIPIENT acknowledges that the obligation of the COUNTY is contingent ° 23 upon the availability of Federal, State or local Government funds, which are appropriated or 24 allocated for the payment of such an obligation. If funds are not allocated and available for 25 the continuance of the _function performed by SUBRECIPIENT, the CONTRACT may be 26 terminated by the COUNTY at the end of the period for which funds are available. The 27 COUNTY shall notify SUBRECIPIENT at the earliest possible time of any service, which will or 28 may be affected by a shortage of funds. No penalty, shall accrue to the COUNTY in the event 29 this provision is exercised and the COUNTY shall not be obligated nor liable for any damages 30 as a result of termination under this provision of this CONTRACT, and nothing herein shall be 31 construed as obligating the COUNTY to expend or as involving the COUNTY in any contract or 32 other obligation for the payment of money in excess of appropriations authorized by 33 law. 34 B. Eligible costs related to services provided by SUBRECIPIENT must be incurred 35 during the period beginning July 1, 2005. The PROJECT shall be completed and all funds 36 provided through this CONTRACT shall be expended on eligible PROJECT activities prior to 37 June 30, 2006. The term of this CONTRACT may be extended upon mutual agreement of the 38 parties in writing in accordance with Section IV.D. below. COUNTY will reclaim any unused 39 1/1 -3- i" initials 1 Contract No. KCO5025 2 IDIS No.1607 3 4 5 balance of funds for reallocation to other COUNTY approved projects if such extension does 6 not occur. 7 C. SUBRECIPIENT may be eligible to request additional funding up to the maximum 8 'set forth in Table I -6 of the applicable FY 2005 -06 Annual Action Plan, under section 9 "Reprogramming of Affordable Rental (Acquisition /New Housing Development) funds ", if 10 SUBRECIPIENT meets or exceeds any one of the Required Expenditure Thresholds at 50 %, 11 70% or 80% on or prior to the milestone date established herein in Section V.E.3. 12 D. If additional funding is available for allocation to SUBRECIPIENT, SUBRECIPIENT 13 and COUNTY shall first amend the Subrecipient Scope of Services component of this 14 CONTRACT. Furthermore, SUBRECIPIENT shall demonstrate, to the satisfaction of DIRECTOR, 15 that the Expenditure and Performance Thresholds set forth herein Section V.E. 3. and Section 16 VII.B., as amended, will continue to be met before such extension and additional allocation 17 shall be granted. 18 IV. AMENDMENTS 19 A. COUNTY, through its DIRECTOR without further action by the COUNTY's Board 20 of Supervisors (hereinafter referred to as "BOARD ") and SUBRECIPIENT may by mutual 21 agreement amend and /or extend this CONTRACT and /or incorporated Subrecipient Scope of 22 Services, at any time, up to 45 (forty -five) days prior to CONTRACT expiration, provided that 23 the proposed action is not a Substantial Amendment as defined by the "FY 2003 -2006 24 Funding Allocation Policy and Process & Citizen Participation Plan for FY 2005 - 2006 ", any such 25 amendment makes specific reference to this CONTRACT, is executed in writing, and signed by 26 a duly authorized representative of the SUBRECIPIENT's organization. SUBRECIPIENT's 27 written request to amend must include a revised budget for funds being extended, if that 28 budget is different in scope from the originally agreed upon SUBRECIPIENT SCOPE OF 29 SERVICES. SUBRECIPIENT must also comply with the original thresholds and milestones 30 outlined in Section VII.B. herein. Such amendment shall not invalidate this CONTRACT, nor 31 relieve or release COUNTY or SUBRECIPIENT from their respective obligations under this 32 CONTRACT. Any proposed amendment to this CONTRACT shall be submitted to DIRECTOR, 33 and approved by DIRECTOR in writing prior to commencement of any activity covered by said 34 amendment. 35 B. SUBRECIPIENT agrees that COUNTY may, at its sole discretion, amend this 36 CONTRACT to conform with federal, state or local governmental guidelines, policies, and 37 available funding amounts. 38 C. If any amendment results in a change in the funding amount, SUBRECIPIENT. 39 SCOPE OF SERVICES, threshold and milestone dates or schedule of activities to be -4- initials 1 • Contract No. KCO5025 2 IDIS No.1607 3 4 undertaken as part of this CONTRACT, such modifications will be incorporated only by written 5 amendment executed by DIRECTOR and SUBRECIPIENT. 6 D. CONTRACT Extension 7 1. The term of this CONTRACT and the provisions herein may be extended 8 to cover an additional time period as specified herein. 9 2. The date for PROJECT completion and expenditure of all funds may be 10 extended by the DIRECTOR without further action by the BOARD for a period not to exceed 11 six (6) months from June 30, 2006. All extension approvals must be in writing and signed by 12 the DIRECTOR. In the event of such extension, the deadline for submittal of invoices shall be 13 forty -five (45) days after the new expiration date. 14 3. CONTRACT extension provisions are not applicable to PROGRAM 15 ADMINISTRATION activities. 16 V. PAYMENTS 17 A. Funds from COUNTY to SUBRECIPIENT shall be disbursed subsequent to 18 availability of funds from HUD to COUNTY. 19 B. Funds shall not be disbursed for any costs incurred prior to the certification by 20 COUNTY and /or HUD of Certificate(s) of Insurance and environmental compliance, as further 21 defined in Section VI and Section XII of this CONTRACT. Additionally, when applicable, no 22 funds shall be disbursed prior to submittal of certified payroll documentation to COUNTY with 23 each invoice package /request for payment, as further defined in Section XI. 24 C. CONTRACT Amount 25 It is expressly agreed and understood that the total amount to be paid by 26 COUNTY under this CONTRACT shall not exceed $200,000.00. Reimbursement for the 27 payment of eligible project expenses shall be made in accordance with the budget specified in 28 Section II. of SUBRECIPIENT SCOPE OF SERVICES. 29 I D. Readiness 30 SUBRECIPIENT shall be required to demonstrate to COUNTY its readiness to 31 immediately initiate its PROJECT upon execution of this CONTRACT by providing to the 32 COUNTY documentation including, but not limited to, the following: Board or Council 33 Minutes /Resolution; Awarded bid documents with timeline requirements; and, executed 34 Architects and Engineers (hereinafter referred to as "A &E ") contract with specific project 35 timelines consistent with funding. By August 1, 2005 SUBRECIPIENT shall provide COUNTY a 36 Project Readiness Checklist incorporating the status of all. PROJECT- phasing milestones. In 37 the case of milestones not yet reached, SUBRECIPIENT shall provide projected target dates 38 for . when said milestones will be met. The Project Readiness Checklist shall clearly 39 demonstrate that SUBRECIPIENT will meet the "Required Expenditure Thresholds" established -5- initials 1 . • Contract No. KCO5025 2 IDIS No.1607 3 4 herein Section V. E. 3. SUBRECIPIENT acknowledges that said Project Readiness Checklist 5 may be considered to evaluate the performance of the SUBRECIPIENT. 6 E. Payment of Project Activities 7 1. COUNTY will reimburse SUBRECIPIENT for eligible project - related costs 8 only. SUBRECIPIENT shall submit requests for reimbursement to COUNTY on a quarterly 9 basis beginning on July 1, 2005, and must provide adequate documentation as required by 10 COUNTY in accordance with the COUNTY's Housing and Community Services Department, 11 (hereinafter referred to as "HCS ") Policy for Documenting Subrecipient Costs. In addition, 12 SUBRECIPIENT will provide a progress performance report (i.e. Grantee Performance Report 13 hereinafter referred to as "GPR" Information Form) for the time period covered, as prescribed 14 by COUNTY. Failure to provide any of the required documentation and reporting will cause 15 COUNTY to withhold all or a portion of a request for reimbursement, or return the entire 16 reimbursement package to SUBRECIPIENT, until such documentation and reporting has been 17 received and approved by COUNTY. 18 2. If SUBRECIPIENT has no request for reimbursement during any quarter 19 during the term of this CONTRACT, a GPR, including an' explanation as to why no invoices 20. were being processed, shall be required in lieu of a request for reimbursement. 21 3. The following "Required Expenditure Threshold" criteria has been 22 established to guide the SUBRECIPIENT in structuring and scheduling their expenditure of 23 funds received through this CONTRACT. The criteria thresholds are consistent with the 24 criteria used by HCS to determine performance including, but not limited to, determinations of 25 future award of funds, additional funding requests and /or determinations for the recapture of 26 funding. 27 28 Minimum Required 29 Milestone Date Expenditure Threshold 30 September 30, 2005 30 % of Contracted Amount Expended 31 November 30, 2005 50% of Contracted Amount Expended 7- 32 January 31, 2006 70% of Contracted Amount Expended • 33 March 31, 2006 80% of Contracted Amount Expended 34 35 4. SUBRECIPIENT will have forty -five (45) days following the expiration of 36 the CONTRACT to submit outstanding invoices for reimbursement of eligible costs incurred 37 during the CONTRACT period. After the forty -five (45) day period for submitting invoices has 38 expired, COUNTY shall reallocate the remaining balance under this CONTRACT for other 39 program purposes and SUBRECIPIENT shall be ineligible for any further reimbursement. -6- I nitials 1 • 2 Contract No. KCO5025 3 IDIS No.1607 4 5 F. Program Income 6 1. SUBRECIPIENT shall comply with regulations set forth • in 24 CFR 7 570.504, as well as all applicable State or COUNTY regulations concerning the reporting and 8 payment procedures for program income. 9 2. All Program Income accrued shall be returned to COUNTY or drawn down 10 prior to SUBRECIPIENT receiving any reimbursement from grant funds provided under this 11 CONTRACT. SUBRECIPIENT agrees to execute the appropriate COUNTY standardized 12 CONTRACT when returning and using program income funds. 13 3. SUBRECIPIENT shall provide information of the receipt of PROGRAM 14 INCOME by SUBRECIPIENT related to PROJECT on all GPR INFORMATION FORMS submitted 15 with requests for reimbursement. 16 4. SUBRECIPIENT shall complete and submit a Year -End Program Income 17 Worksheet, including any reimbursement remittance necessitated therein, by July 15, 18 following the fiscal year in which this CONTRACT is in force. 19 VI. GENERAL ADMINISTRATION 20 A. SUBRECIPIENT shall provide the oversight, administration, and project 21 management necessary to accomplish all contracted activities in a timely manner. 22 SUBRECIPIENT also agrees to comply with all applicable federal, state, and local laws and 23 regulations governing the funds provided under this CONTRACT. 24 B. Independent Contractor 25 Nothing contained in this CONTRACT is intended to, or shall be construed in any 26 manner, as creating or establishing the relationship of employer /employee between the 27 parties. SUBRECIPIENT and its subcontractors shall at all times remain independent 28 contractors with respect to the services to be performed under this CONTRACT. COUNTY shall 29 be exempt from payment of any Unemployment Compensation, FICA, retirement, life and /or 30 medical insurance and Workers' Compensation Insurance as SUBRECIPIENT and its 31 subcontractors are independent contractors. • 32 C. Hold Harmless 33 SUBRECIPIENT shall hold harmless, defend with counsel approved in writing by 34 COUNTY and indemnify COUNTY from any and all claims, actions, suits, charges, and 35 judgments whatsoever that arise out of SUBRECIPIENT's and /or its subcontractor's use of , 36 funds, performance or nonperformance of the project and /or scope of work called for in this 37 CONTRACT. 38 /// 39 /1/ -7- w initials • 1 • Contract No. KCO5025 2 IDIS No.1607 3 4 D. Assignability 5 SUBRECIPIENT shall not assign or transfer any interest in this CONTRACT 6 without the prior written consent of .COUNTY. 7 E. Subcontracts 8 1. SUBRECIPIENT shall submit all subcontract agreements to COUNTY for •9 review and consent prior to entering into such subcontracts. For construction subcontracts, 10 SUBRECIPIENT shall submit the Construction Bid Package to COUNTY for review and written 11 approval by DIRECTOR prior to advertising for bids and award for the construction contract. 12 SUBRECIPIENT shall construct project in accordance with. the Construction Bid Package, which 13 DIRECTOR approved, unless prior written approval is received from DIRECTOR for 14 modification thereof. 15 2. SUBRECIPIENT shall assume responsibility for all subcontracted services 16 to assure CONTRACT compliance. 17 3. SUBRECIPIENT shall cause this CONTRACT, in its entirety, to be included 18 in and made a part of any subcontract executed in the performance of this CONTRACT. 19 4. SUBRECIPIENT shall monitor all subcontracted services on a quarterly 20 basis to assure CONTRACT compliance. Results of said monitoring efforts shall be summarized 21 in written form, and supported with documented evidence of follow -up action(s) to correct 22 any area(s) of CONTRACT non - compliance. Documentation shall be made available for 23 periodic monitoring by representatives of COUNTY and /or HUD. 24 • F. Relocation 25 SUBRECIPIENT shall, in all matters relating to the project: 26 1. Take all reasonable steps to minimize displacement by providing tenants 27 reasonable opportunity to lease and occupy dwelling units in the project being improved; and, 28 2. Submit to COUNTY a Plan outlining financial and advisory assistance in 29 securing temporary housing for any eligible tenant who is temporarily or permanently 30 relocated'due to the project. 31 3. Comply with the Uniform Relocation •Assistance and Real Property 32 Acquisition Policies Act of 1970, as amended by the Uniform Relocation Act /URA, 49 CFR Part 33 24 and 24 CFR 570.606 for persons displaced by the project; and, 34 4. Have in effect and follow a residential anti - displacement and relocation 35 plan required under section 104(d) of the Housing and Community Development Act of 1974, 36 as amended, in conjunction with any activity assisted with funding under the subject 37 program. 38 /1/ 39 /// -8- initials Contract No. KCO5025 2 IDIS No. 1607 3 4 5 G. Fair Housing 6 SUBRECIPIENT shall affirmatively further fair housing in accordance with 24 7 CFR 570.904. • 8 H. Insurance 9 No costs shall be incurred and no funds shall be disbursed prior to written 10 certification of approval by COUNTY of insurance fulfillment. 11 1. SUBRECIPIENT, at its own expense, agrees to deposit with COUNTY prior 12 to the execution and provision of services under this CONTRACT, Certificates of Insurance, 13 including all endorsements required herein, necessary to satisfy COUNTY that the insurance 14 provisions of this CONTRACT have been complied with, and to keep such insurance and the 15 certificates therefore on deposit with COUNTY during the entire term of this CONTRACT. In 16 addition, all contractors and subcontractors performing work on behalf of SUBRECIPIENT 17 pursuant to this CONTRACT shall be covered under SUBRECIPIENT's insurance or shall obtain 18 insurance subject to the same terms and conditions as set forth herein for SUBRECIPIENT. 19 . SUBRECIPIENT shall require that any contractor or subcontractor working for SUBRECIPIENT 20 have the insurance required by this section and not allow contractors or subcontractors to 21 work if the contractors or subcontractors have less than the level of coverage required by the 22 COUNTY under this CONTRACT. SUBRECIPIENT shall provide notice of the insurance 23 requirements to every contractor or subcontractor, and to receive proof of insurance prior to 24 allowing any contractor or subcontractor to begin work. Such proof of insurance must be 25 maintained by SUBRECIPIENT through the entirety of this CONTRACT for inspection by 26 COUNTY representative at any reasonable time. All insurance policies required by this 27 CONTRACT shall declare any deductible or self- insured retention (SIR) in an amount in excess 28 of $25,000 ($5,000 for automobile liability) which shall specifically be approved by COUNTY 29 Executive Office /Office of Risk Management. SUBRECIPIENT shall be responsible for 30 reimbursement of any deductible to the insurer. 31 2. SUBRECIPIENT shall maintain insurance acceptable to COUNTY in full 32 force and effect throughout the term of this CONTRACT. If SUBRECIPIENT fails to maintain 33 insurance acceptable to COUNTY for the full term of this CONTRACT, COUNTY may terminate 34 this CONTRACT. 35 3. The policy or policies of insurance must be issued by an insurer licensed 36 to do business in the State of California (California Admitted Carrier). 37 4. Minimum insurance company ratings as determined by the most current 38 edition of the Best's Key Rating Guide /Property- Casualty /United States or ambest.com 39 shall be A- (Secure Best's Rating) and VIII (Financial Size Category). SUBRECIPIENT will file • initials nitials 1 • Contract No. KCO5025 2 IDIS No.1607 3 4 with COUNTY, prior to the commencement of performance of services under this CONTRACT, 5 an original Certificate of Insurance and all required endorsements evidencing that coverage 6 'required by this CONTRACT is in effect. 7 5. If the carrier is a non - admitted carrier in the State of California, COUNTY 8 Executive Office /Office of Risk Management retains the right to approve or reject carrier after 9 a review of the company's performance and financial ratings. 10 6. The policy or policies of insurance maintained by SUBRECIPIENT shall 11 provide the minimum limits and coverage as set forth herein below: 12 Coverage Minimum Limits 13 Commercial General Liability to $1,000,000 combined single limit 14 include a Broad Form Property per occurrence 15 Damage Endorsement, including the 16 Peril of Fire, and Contractual Liability $2,000,000 Aggregate 17 Automobile Liability including all $1,000,000 combined single limit 18 owned non -owned and hired vehicles per occurrence 19 Workers' Compensation Statutory 20 Sexual Misconduct $1,000,000 per occurrence 21 Employer's Liability $1,000,000 per occurrence 22 7. Each insurance policy required by this CONTRACT shall be endorsed to 23 contain the following provisions: 24 a. This insurance shall not ,be changed, cancelled, limited in scope of 25 coverage or non- renewed until after 30 days written notice has been given to COUNTY of 26 Orange /HCS (Endorsement must be attached to Certificate of Insurance). 27 If a 30 -day notice of cancellation endorsement is not received, 28 the cancellation clause must include language as follows, which edits the pre- printed ACORD. 29 certificate: 30 Should any of the above described policies be cancelled before the expiration date thereof, 31 the issuing company will mail 30 days written notice to the certificate holder named as: 32 County Of Orange /Housing and Community Services Department. 33 b. All rights of subrogation are hereby waived against COUNTY, it's 34 elective and appointed officials, officers and employees when acting within the scope of their. 35 employment or appointment, and COUNTY and their Board or Commissions, which are 36 governed by COUNTY Board of Supervisors. (Endorsement must be attached to Certificate of 37 Insurance). 38 c. As respects operations of the named insured performed on behalf 39 of COUNTY, COUNTY is added as an additional insured except for Workers' -10- G'V " initials 1 • • • Contract No. KCO5025 2 IDIS No.1607 3 4 5 Compensation /Employers' Liability. (Endorsement must be attached to Certificate of 6 Insurance): 7 d. It is agreed that any insurance maintained by COUNTY will apply 8 in excess of, and not contribute with, insurance provided by this policy. (Endorsement must 9 be attached to Certificate of Insurance for the General Liability policy). 10 . e. Commercial General Liability policy shall contain a severability of 11 interests clause. 12 8. ' Insurance information shall be submitted to: 13 County Of Orange 14 Housing and Community Services Department 15 Attention: Contract Administration and Compliance 16 1770 North Broadway 17 Santa Ana, CA 92706 -2642 18 9. Upon written advice of COUNTY's Risk Manager, any of the above 19 insurance types may be increased or waived due to current insurance marketplace conditions. 20 In addition, COUNTY Risk Manager retains the right to require additional insurance coverage • 21 as may be deemed appropriate to adequately protect COUNTY. COUNTY's requirements shall 22 be reasonable and shall be designed to assure protection from and against the kind and 23 extent of risks, which exist at the time a change in, insurance is required. 24 10. COUNTY shall notify SUBRECIPIENT in writing" of changes in. the 25 insurance requirements. If SUBRECIPIENT does not deposit copies of acceptable certificates 26 of insurance and endorsements with COUNTY incorporating such changes within thirty (30) 27 days of receipt of such notice, this CONTRACT may be in default without further notice to 28 SUBRECIPIENT, and COUNTY shall be entitled to all legal remedies. 29 The . procuring of such required policy or policies of insurance shall not be 30 construed to limit SUBRECIPIENT's liability hereunder or to fulfill the indemnification 31 provisions and requirements of this CONTRACT. 32 I. Grantor Recognition 33 . SUBRECIPIENT shall insure recognition of the role of the COUNTY in providing 34 services through this CONTRACT. All activities, facilities and items utilized pursuant to this 35 CONTRACT shall be prominently labeled as to funding source. In addition, SUBRECIPIENT will 36 . include a reference to the support provided herein in all publications made possible with funds 37 made available under this CONTRACT. SUBRECIPIENT will retain documentation of such 38 recognition, which shall be available for periodic monitoring by representatives of COUNTY or 39 HUD. 40 ]. Records to be Maintained • -11- i nitials • Contract No. KCO5025 2 `IDIS No.1607 3 4 SUBRECIPIENT shall maintain all records required by the Federal regulations 5 specified in 24 CFR 570.503(b)(2), 570.506, 570.507 and 570.508 that are pertinent to the 6 activities to be funded under this CONTRACT. Such records shall include, but not be limited 7 to: 8 1. Records providing a full description of each activity undertaken; 9 2. Records demonstrating that each activity undertaken meet one of the 10 National Objectives of the CDBG program; 11 3. Records required to determine the eligibility of activities; 12 4. Records required to document the acquisition, improvement, use, or 13 disposition of real property acquired or improved with CDBG assistance; 14 5. Records documenting compliance with the fair housing and equal 15 opportunity components of the CDBG program; 16 6. Financial records as required by 24 CFR 570.502, and OMB Circular A- 17 87; and 18 7. Other records necessary to document compliance with Subpart K of 24 19 CFR 570. 20 K. Retention 21 SUBRECIPIENT shall retain all records pertinent to expenditures incurred under 22 this CONTRACT for a period of five (5) years after the termination of all activities funded 23 under this CONTRACT, or after the resolution of all Federal audit findings, whichever occurs 24 later. Records for non - expendable property acquired with funds under this CONTRACT shall 25 be retained for five (5) years after final disposition of such property. Records for any 26 displaced person must be kept for five (5) years after s /he has received final payment. 27 L. Client Data 28 1. SUBRECIPIENT shall maintain client data demonstrating client eligibility 29 for services provided for a period of five (5) years after the termination of all activities funded 30 under this CONTRACT, or after the resolution of all Federal audit findings, whichever occurs 31 later. Such data shall be consistent and include, but not be limited to, client name, address, 32 verifiable income level (as documented by income tax returns, employee payroll records, 33 retirement statements, etc. or other third party documentation acceptable to COUNTY, for 34 determining eligibility), and description of service provided. Such information shall be made 35 available to HUD representatives, COUNTY monitors, or their designees, for review upon 36 request. 37 2. SUBRECIPIENT shall develop and implement . procedures to ensure the 38 confidentiality of records pertaining to any individual provided family violence prevention or 39 treatment services under any project assisted under the subject program, including protection -12- CAI initials • • 2 Contract No. KCO5025 3 IDIS No.1607 • 4 5 against the release of the address or location of any family violence shelter project, except 6 with the written authorization of the person responsible for the operation of the shelter. 7 M. Property Records . 8 SUBRECIPIENT shall maintain real property inventory records, which clearly 9 identify properties purchased, improved, or sold. Properties retained shall continue to meet 10 eligibility criteria, rental limitations, health, safety and building codes, etc., and shall conform 11 with the "changes in use" restrictions specified in 24 CFR 570.505. 12 N.' Close -Out 13 SUBRECIPIENT's obligation to COUNTY shall not end until all close -out 14 requirements are completed. Activities during this close -out period shall be completed in 15 accordance with 24 CFR 570.509 and shall include, but are not limited to: making final 16 payments; submitting final invoice(s), report(s), in accordance with the requirements of 17 paragraph V.E.4 above, and documentation; disposing of program assets (including the return 18 to COUNTY of all unused materials and equipment); remitting any program income balances 19 and receivable accounts to COUNTY, and determining the custodianship of records. 20 O. Equipment 21 SUBRECIPIENT shall use, manage and dispose of equipment in accordance with 22 24 CFR 85.32 and 24 CFR 570.502. 23 VII. PERFORMANCE 24 A. SUBRECIPIENT shall comply with all applicable HUD regulations, as described in 25 Section XI of this CONTRACT, concerning ,administrative requirements and maintain records 26 as to services provided and total number of persons served through the project, including but 27 not limited to, population -served analysis (i.e. extremely -low income persons, very -low 28 income persons, and low- income persons as defined by HUD). Such information shall be 29 available for periodic monitoring by representatives of COUNTY or HUD and shall be submitted 30 by SUBRECIPIENT in report form to COUNTY by dates specified by COUNTY. 31 B. The following "Performance Threhold" criteria shall be used to assess the level 32 of performance of the SUBRECIPIENT. Furthermore, the criteria will be considered by HCS 33 when determining future funding. In order to be considered in compliance with the following 34 performance criteria, the SUBRECIPIENT must, on or before the required milestone date, 35 submit to HCS a request for reimbursement which demonstrates that SUBRECIPIENT has 36 expended funds and met their proposed accomplishment goals at the required levels, unless 37 exempted in writing by the DIRECTOR. 38 /// 39 /// -13- initials 1 Contract No. KCO5025 2 IDIS No.1607 3 4 5 Minimum 6 Performance Expenditure and 7 Milestone Date Accomplishment Thresholds 8 September 30, 2005 30% of .Contracted Amount Expended and 9 30% of Proposed Accomplishments Met 10 November 30, 2005 50% of Contracted Amount Expended and 11 50% of Proposed Accomplishments Met 12 January 31, 2006 70% of Contracted Amount Expended and 13 70% of Proposed Accomplishments Met 14 March 31,.2006 80% of Contracted Amount Expended and 15 80% of Proposed Accomplishments Met 16 Failure to achieve at least the aforementioned 50% drawdown, .without written 17 exemption approved ‘by the DIRECTOR, may cause any remaining balance in this CONTRACT 18 to be reclaimed by COUNTY, and will negatively affect future funding to SUBRECIPIENT. 19 Failure to achieve the aforementioned 80% drawdown goal, without written 20 exemption approved by the DIRECTOR, may cause any remaining balance in this CONTRACT 21 to be reclaimed by COUNTY, and will impact future funding to SUBRECIPIENT. 22 C. SUBRECIPIENT shall complete and submit a Year End GPR Information Form by 23 July 15, following the fiscal year in which this CONTRACT is in force. 24 D. Should the activity being funded through this CONTRACT be completed, 25 cancelled or terminated prior to the termination date set forth herein in Section III. B., 26 SUBRECIPIENT shall complete and submit a Mid -Year End GPR at the time of the completion, 27 cancellation or termination. Said GPR Information Form shall consist of a cumulative reporting 28 of project - related expenditures and accomplishments relative to the attached SUBRECIPIENT 29 SCOPE OF SERVICES. If activity funded through this CONTRACT is completed, or if funds 30 allocated through this CONTRACT are fully expended, prior to end of CONTRACT term, 31 SUBRECIPIENT must continue to serve it's clients for the entire term of this CONTRACT. 32 E. SUBRECIPIENT shall complete and submit a GPR in support of all requests for 33 reimbursement. Said GPR shall consist of a cumulative report of project - related 34 accomplishments relative to attached SUBRECIPIENT SCOPE OF SERVICES for the subject 35 quarter. If at any time during the term of this CONTRACT SUBRECIPIENT has no activity 36 occur during any quarter, SUBRECIPIENT shall prepare and submit to COUNTY a Quarterly 37 GPR, regardless of actual activity. 38 F. SUBRECIPIENT acknowledges that the GPR Form is a monitoring tool that will 39 be reviewed and evaluated to determine SUBRECIPIENT's level of performance relative to this 40 CONTRACT. 41 /// • 14- • • • initials 1 S i Contract No. KCO5025 2 IDIS No.1607 3 4 5 G. SUBRECIPIENT shall submit all requested data necessary to complete the 6 Consolidated Annual Performance and Evaluation Report (CAPER), and monitor program 7 accountability and progress in accordance with HUD requirements, in the format and at the 8 time designated by COUNTY. 9 VIII. PERFORMANCE MONITORING 10 A. Performance monitoring of SUBRECIPIENT by COUNTY and /or HUD shall consist 11 of requested and /or required written reporting, as well as onsite monitoring by COUNTY or 12 HUD representatives. 13 B. COUNTY shall periodically evaluate SUBRECIPIENT's progress in complying with 14 the terms of this CONTRACT. SUBRECIPIENT shall cooperate fully during such monitoring. 15 COUNTY shall report the findings of each monitoring to SUBRECIPIENT. 16 C. COUNTY shall monitor the performance of SUBRECIPIENT against the goals, 17 outcomes, milestones and performance standards required herein. Substandard performance, 18 as determined by COUNTY, will constitute non - compliance with this CONTRACT for which 19 COUNTY may immediately terminate the CONTRACT. If action to correct such substandard 20 performance is not taken by SUBRECIPIENT within the time period specified by COUNTY, 21 payment(s) will be denied in accordance with the provisions contained in Section V of this 22 CONTRACT. 23 IX. MODIFICATIONS /TRANSFERS OF REAL PROPERTY 24 A. Any proposed modification or change in use of real property acquired or 25 improved, in whole or in part, by CDBG funds from the use planned at the time of the 26 acquisition or improvement, including disposition, is expressly prohibited. 27 B. SUBRECIPIENT shall ensure that any real property under SUBRECIPIENT's 28 control that was acquired or improved in whole or in part with CDBG funds in excess of 29 $25,000 is either: 30 1. Used to meet one of the national objectives contained in 24 CFR 31 570.208 for a period not Tess than five years, or for such period of time as determined to be 32 appropriate by COUNTY, after expiration of the CONTRACT and close -out of SUBRECIPIENT's 33 participation in the CDBG Program, or, until five years after the close -out of the grant from 34 which the assistance to the•property was provided, whichever occurs first; or, 35 2. Disposed of in a manner that results in COUNTY being reimbursed in an 36 amount equal to the current fair market value of the property Tess any portion of the value 37 attributable to expenditures of non -CDBG funds for acquisition of, or improvement to, the 38 /// 39 -15- /(46 initials 1 • • Contract No. KCO5025 2 IDIS No.1607 3 4 5 property. Such reimbursement is not required after the period of time specified in accordance 6 with IX. B. 1. above. 7 X. AUDITS 8 If SUBRECIPIENT expends Federal funds in a fiscal year which equal or exceed 9 $500,000 (five hundred thousand dollars and no cents) as specified in OMB Circular A -133- 10 Revised, SUBRECIPIENT shall cause an audit at SUBRECIPIENT's expense to be prepared by a 11 Certified Public Accountant (CPA) who is a member in good standing with the American 12 Institute of Certified Public Accountants (AICPA) of the California Society of CPA's. The audit 13 must be performed annually in accordance with Generally Accepted Auditing Standards 14 (GAAS) authorized by the AICPA and Federal laws and regulations governing the programs in 15 which it participates. Furthermore, COUNTY retains the authority to require SUBRECIPIENT to 16 submit similarly prepared audit at SUBRECIPIENT's expense even in instances when 17 SUBRECIPIENT's expenditure is Tess than $500,000. SUBRECIPIENT will be required to 18 identify corrective action taken in ° response to any findings identified by CPA related to their 19 funded activity or program. 20 SUBRECIPIENT shall submit two (2) copies of such audit report, including a copy of the 21 management letter, to COUNTY within six (6) months of the end of each CONTRACT year in 22 which SUBRECIPIENT has received federal funding (i.e. Julyl - June 30). Failure to meet this 23 requirement may result in COUNTY denying reimbursement of funds to SUBRECIPIENT, as 24 well as future funding qualification. SUBRECIPIENTS, which are exempt from statutory audit 25 requirements, shall maintain records, which are available for review by COUNTY or Federal 26 officials. SUBRECIPIENT acknowledges that any and all "Financial Statements" submitted to 27 COUNTY pursuant to this COUNTY become Public Records and are subject to public inspection 28 pursuant to Sec.6250 et seq. of the California Government Code.. 29 XI. FEDERAL ADMINISTRATIVE REQUIREMENTS 30 A. Financial Management 31 1. Accounting Standards 32 SUBRECIPIENT agrees to comply with Office of Management and Budget 33 (herein referred to as "OMB ") Circular A -87 and agrees to adhere to the accounting principles 34 and procedures required therein, utilize adequate internal controls, and maintain necessary 35 source documentation for all costs incurred. 36 2. Cost Principles 37 SUBRECIPIENT shall administer its program in conformance with OMB 38 Circulars A- 122, "Cost Principles for Non - Profit Organizations," or A -21, "Cost Principles for 39 Educational Institutions," (and if SUBRECIPIENT is a governmental or quasi - governmental -16- initials '1 • Contract No. KCO5025 2 IDIS No.1607 3 4 5 agency, the applicable sections of 24 CFR 85, "Uniform Administrative Requirements for 6 Grants and Cooperative Contracts to State and Local Governments, ") as applicable. These 7 principles shall be applied for all costs incurred whether charged on a direct or indirect basis. 8 B. Civil Rights 9 1. Compliance 10 SUBRECIPIENT agrees to comply with Title VI of the Civil Rights Act of 11 1964, as amended, Title VIII of the Civil Rights Act of 1968, as amended, Section 109 of the 12 Title I of the Housing and Community Development Act of 1974, Section 504 of the 13 Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination 14 Act of 1975, Executive Order 11063, and with Executive Order 11246, as amended by 15 Executive Orders 11375 and 12086. 16 2. Nondiscrimination 17 SUBRECIPIENT shall not discriminate against any employee or applicant 18 for employment because of race, color, creed, religion, ancestry, national origin, sex, 19 disability or other handicap, age, marital status, or status with regard to public assistance. 20 SUBRECIPIENT will take affirmative action to insure that all employment practices are free 21 from hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, and 22 termination discrimination. Such employment practices include but are not limited to the 23 following: rates of pay or other forms of compensation, and selection for training, including 24 apprenticeship. SUBRECIPIENT agrees to post in conspicuous places, available to employees 25 and applicants for employment, notices to be provided by the COUNTY setting forth the 26 provisions of this nondiscrimination clause. 27 3. Rehabilitation Act 28 SUBRECIPIENT agrees to comply with any federal regulations issued 29 pursuant to compliance with Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 706) 30 which prohibits discrimination against the handicapped in any federally assisted program. 31 COUNTY shall provide SUBRECIPIENT with any guidelines necessary for compliance with that 32 portion of the regulations in force during the term of this CONTRACT. 33 C. Drug -Free Workplace 34 SUBRECIPIENT shall continue to provide a drug free workplace by: 35 1. Publishing a statement notifying employees that the unlawful 36 manufacture, distribution, dispensing, possession, or use of a controlled substance is 37 prohibited in the SUBRECIPIENT's workplace and specifying the actions that will be taken 38 against employees for violation of such prohibition; 39 /1/ -17- initials • .1 • Contract No. KCO5025 2 IDIS No.1607 3 4 5 2. Establishing an ongoing drug -free awareness program to inform • 6 employees about: , 7 a. The dangers of drug abuse in the workplace; 8 b. The SUBRECIPIENT's policy of maintaining a drug -free workplace; 9 c. Any available drug counseling, rehabilitation, and employee 10 assistance programs; 11 d. The penalties that may be imposed upon employees for drug 12 abuse violations occurring in the workplace; 13 3. Making it a requirement that each employee engaged in the 14 performance of the grant be given a copy of the statement required by paragraph C.1; 15 4. Notifying the employee in the statement required by paragraph C.1. 16 that, as a condition of employment under the grant, the employee will: 17 a. Abide by the terms of the statement; 18 b. Notify the employer in writing of his or her conviction for a 19 violation of a criminal drug statute occurring in the workplace, no later than five (5) calendar 20 days after such conviction; 21 5. Notifying COUNTY in writing, within ten (10) calendar days after 22 receiving such notice as stated under paragraph C.4(b) from an employee or otherwise 23 receiving actual notice of such conviction. Employers of convicted employees must provide 24 notice, including position title, to every grant officer or other designee on whose grant activity 25 the convicted employee was working, unless COUNTY has designated a central point for the 26 receipt of such notices. Notice shall include the identification number(s) of •each affected 27 grant; and, 28 6. Taking one of the following actions, within thirty (30) calendar days of 29 receiving notice, as stated under paragraph C.4(b), with respect to any employee who is so 30 convicted: 31 a. Taking appropriate personnel action against such an employee, 32 up to and including termination, consistent with the requirements of the Rehabilitation Act of 33 1973, as amended; or, 34 b. Requiring such employee to participate satisfactorily in a drug 35 abuse assistance or rehabilitation program for such purposes by Federal, State, or local 36 health, law enforcement, or other appropriate agency. 37 /1/ 38 /1/ 39 /1/ -18- initials • 1 • • Contract No. KCO5025 2 IDIS No.1607 3 4 5 D. Affirmative Action 6 SUBRECIPIENT agrees that it shall be committed to carry out an Affirmative 7 Action Program that encompasses the principles provided in President's Executive Order 8 11246, as revised on January 4, 2002. 9 E. Employment Restrictions 10 1. Prohibited Activity 11 SUBRECIPIENT is prohibited from using funds provided herein, or 12 personnel employed in the administration of the program, for: political activities, sectarian or 13 religious activities, lobbying, political patronage, and nepotism activities. 14 2. OSHA 15 1 Where employees are engaged in activities not covered under the 16 Occupational Safety and Health Act of 1970, they shall not be required or permitted to work, 17 be trained, or receive services in buildings or surroundings or under working conditions, which 18 are unsanitary, hazardous or dangerous to the participants' health or safety. 19 3. Labor Standards 20 a. As this CONTRACT is funded in whole or part by Federal funds, 21 SUBRECIPIENT will comply with Federal Labor Standards, as referred to in this CONTRACT. If 22 the Federal Davis -Bacon determinations differ from the State Prevailing Wage requirement, 23 SUBRECIPIENT will not pay less than the higher of the two rates. 24 b. . SUBRECIPIENT will comply with Davis -Bacon and /or State 25 Prevailing ,Wage requirements, when applicable. 26 c. As applicable to the subject activity and project, SUBRECIPIENT 27 agrees to comply with the requirements of the Secretary of Labor in accordance with the 28 Davis -Bacon Act as amended, the provisions of Contract Work Hours and Safety Standards 29 Act, the Copeland "Anti- Kickback" Act (40 U.S.C. 276, 327 -333), and all other applicable 30 federal, state and local laws and regulations pertaining to labor standards insofar as those 31 acts apply to the performance of this CONTRACT. If applicable, SUBRECIPIENT shall maintain 32 documentation, which demonstrates compliance with hour and wage requirements of this 33 part. Such documentation shall be made available to COUNTY for review upon request. 34 d. SUBRECIPIENT agrees that, except with respect to the 35 rehabilitation or construction of residential property designed for residential use for less than 36 eight (8) units, all contractors engaged under contracts in excess of $2,000.00 for 37 construction, renovation or repair of any building or work financed in whole or in part with 38 assistance provided under this CONTRACT, shall comply with federal requirements pertaining 39 to such Contracts and with the applicable requirements of the regulations of the Department -19- "_/_a< tials 1 • Contract No. KCO5025 2 IDIS No.1607 3 4 5 of Labor, under 29 CFR, Parts 3, 1, 5, 7 and 1926 governing the payment of wages and ratio 6 of apprentices and trainees to journeymen; provided, that if wage rates higher than those 7 required under the regulations are imposed by state or local law, nothing hereunder is 8 intended to relieve SUBRECIPIENT of its obligation, if any, to require payment of the higher 9 rate. SUBRECIPIENT shall cause or require to be inserted in full, in all such Contracts subject 10 to such regulations, provisions meeting the requirements of this paragraph. 11 e. In cases where Davis -Bacon applies, SUBRECIPIENT agrees to 12 submit the Construction Bid Package for this project to DIRECTOR for review and written 13 approval prior to advertising for bids and award of the construction Contract. SUBRECIPIENT 14 shall construct project in accordance with the Construction Bid Package, which DIRECTOR 15 approved, unless prior written approval is received from DIRECTOR for modification there 16 from. 17 4. California Labor Code Compliance 18 a. If Prevailing Wage laws apply, SUBRECIPIENT hereby agrees to 19 pay, or cause its subcontractors to pay, Prevailing Wage rates at all times for all construction, 20 improvements, or modifications to be completed for. COUNTY under this CONTRACT. 21 SUBRECIPIENT herein agrees that SUBRECIPIENT shall post, or cause to be posted, a copy of 22 the most current, applicable Prevailing Wage rates at the site where the construction, 23 improvements, or modifications are performed. 24 b. Payroll Records 25 - SUBRECIPIENT agrees that: 26 Certified copies of all payroll records for this project shall be 27 required pursuant to the provisions of California Labor Code Section 1776. The reporting 28 format and words of certification shall be as indicated in Title 8 California Code of Regulations 29 Section 16401. 30 Certified copies of payroll records of all subcontractors working 31 on this project are required. It shall be the responsibility of the prime contractor to ensure 32 subcontractor compliance. 33 Certified copies of all payroll records shall be submitted on a 34 weekly basis to COUNTY through the duration of this CONTRACT. 35 SUBRECIPIENT acknowledges that failure to comply with Section 36 1776 may result in a forfeiture of twenty -five dollars ($25) for each calendar day, or portion 37 thereof, for each worker, until strict compliance is effectuated, and it should be recognized 38 that a contractor or subcontractor, or agent or representative thereof who neglects to comply 39 is guilty of a misdemeanor pursuant to Labor Code Section 1777. -20- initials 1 • • • Contract No: KCO5025 2 IDIS No.1607 3 • 4 5 5. Economic Opportunities 6 a. Compliance 7 Compliance with the provisions of "Section 3" of the Housing and 8 Urban Development Act of 1968, as amended, 12 U.S.C. 1701 et. seq., the regulations set 9 forth in 24 CFR 135, and all applicable rules and orders issued hereunder prior to the 10 execution of this CONTRACT, shall be a condition of the federal financial assistance provided 11 under this CONTRACT. Failure to fulfill these requirements shall subject SUBRECIPIENT and 12 any sub - subrecipients, their successors and assigns, to those sanctions' specified by the 13 contract through which federal assistance is provided. SUBRECIPIENT certifies and agrees 14 that no contractual or other disability exists which would prevent compliance with 15 requirements. SUBRECIPIENT further agrees to comply with these "Section 3" requirements 16 and to include the following language in any subcontract executed under this CONTRACT: 17 "The work to be performed under this CONTRACT is a project assigned under a program • 18 providing direct federal financial assistance from HUD and is subject to the requirements of 19 Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701. 20 Section 3 requires that to the greatest extent feasible opportunities for training and 21 employment be given to lower income residents of the project area and Contracts for work in 22 connection with the project be awarded to business concerns which are located in, or owned 23 in substantial part by persons residing in the areas of the project." 24 b. Notifications 25 SUBRECIPIENT agrees to send to each labor organization or 26 representative of workers with which it has a collective bargaining agreement or other 27 Contract or understanding, if any, a notice advising said labor organization or worker's 28 representative of its commitments under this "Section 3" clause and shall post copies of the 29 notice in conspicuous places available to employees` and applicants for employment or 30 training. 31 c. Subcontracts 32 SUBRECIPIENT will include "Section 3" clause in every 33 subcontract and will take appropriate action pursuant to the subcontract upon a finding that 34 the sub - SUBRECIPIENT is in violation of regulations issued by the Grantor Agency. 35 SUBRECIPIENT will not subcontract with any sub - SUBRECIPIENT where it has notice or 36 knowledge that the latter has been found in violation of regulations under 24 CFR 135 and will 37 not let any subcontract unless the sub - SUBRECIPIENT has first provided it with a preliminary 38 statement of ability to comply with the requirements of these regulations. 39 /1/ -21- initials 1 • • Contract No. KCO5025 2 IDIS No.1607 3 4 5 6. Hatch Act 6 SUBRECIPIENT agrees that no funds provided, nor personnel employed 7 under this CONTRACT; shall be in any way or to any extent engaged in the conduct of political 8 activities in violation of the Hatch Act, 5 U.S.C. Section 1501 et seq. 9 7. Conflict of Interest 10 SUBRECIPIENT agrees to abide by the provisions of 24 CFR 570.611, 11 OMB Circulars 102 and 110, as applicable, with respect to conflicts of interest, and covenants 12 that it presently has no financial interest and shall not acquire any financial interest, direct or 13 indirect, which would conflict in any manlier or degree with the performance of services 14 required under this CONTRACT. SUBRECIPIENT further covenants that in the performance of 15 this CONTRACT no person having such a financial interest shall be employed or retained by 16 SUBRECIPIENT hereunder. These conflict of interest provisions apply to any person who is an 17 employee, agent, consultant, officer, or elected official or appointed official of COUNTY or 18 SUBRECIPIENT, or any designated public agencies which are receiving funds under the CDBG 19 Entitlement program. 20 F. Copyright 21 If this CONTRACT results in any copyrightable material, COUNTY and /or grantor 22 agency reserves the right to royalty -free, non- exclusive, and irrevocable license to reproduce, 23 publish or otherwise use and to authorize others to use, the work (i.e., photographs and the 24 like) for government purposes. 25 G. Religious Organization 26 SUBRECIPIENT agrees that funds provided under this CONTRACT will not be 27 utilized for religious activities, to promote religious interest, or for the benefit of a religious 28 organization in accordance with the federal regulations. However, in accordance with HUD 29 Notice CPD 04 -10, issued September 29, 2004, SUBRECIPIENT shall provide and promote 30 equal treatment to all faith -based organizations in administering its federal HUD activities. 31 H. Anti - Lobbying 32 SUBRECIPIENT certifies that: 33 1. No Federal appropriated funds will be paid, by or on behalf of it, to any 34 person for influencing or attempting to influence an officer or employee of any agency, a 35 Member of Congress, an officer or employee of congress, or an employee .of a Member of 36 Congress in connection with the awarding of any Federal Contract, the making of any Federal 37 grant, the making of any Federal loan, the entering into of any Cooperative Agreement, and 38 /// 39 /1/ -22- 1 initials • •1 • Contract No. KCO5025 2 IDIS No.1607 3 4 5 the extension, continuation, renewal, amendment, or modification of any Federal Contract, 6 grant, loan, or Cooperative Agreement; 7 2. SUBRECIPIENT will complete and submit Standard Form -LLL "Disclosure 8 of Lobbying Activities," if any funds other than Federal appropriated funds have been paid, in 9 accordance with its instructions; and, 10 3. SUBRECIPIENT shall include subject anti - lobbying certification in award 11 documents for all sub - subrecipients at all tiers (including sub - subcontracts, sub - subgrants, 12 and Contracts under grants, loans, and Cooperative Agreements) and that all sub - 13 subrecipients shall certify and disclose accordingly. 14 XII. ENVIRONMENTAL CONDITIONS 15 A. SUBRECIPIENT shall comply with HUD Environmental Review under HUD 16 regulations at 24 CFR 58, which implement the National Environmental Policy Act (NEPA); 17 and, the California Environmental Quality Act (CEQA). No costs shall be incurred and no 18 funds shall be disbursed prior to certification by COUNTY and /or HUD of environmental 19 compliance. 20 B. SUBRECIPIENT shall incur no costs for any project - related activity defined in ' 21 SUBRECIPIENT SCOPE OF SERVICES and COUNTY shall not disburse funds prior to 22 certification by COUNTY and /or HUD for environmental compliance. 23 C. SUBRECIPIENT shall provide requested materials to COUNTY for the 24 Environmental Review process required by applicable regulations. 25 D. Air and Water 26 SUBRECIPIENT agrees to comply with the following regulations insofar as they 27 apply to the performance of this CONTRACT: 28 1. Clean Air Act, 42 U.S.C., 1857, et seq. 29 2. Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, et 30 seq. 31 3. Environmental Protection Agency (EPA) regulations pursuant to 40 CFR 32 50 and 58, as amended. 33 E. Flood Disaster Protection 34 SUBRECIPIENT agrees to comply with the requirements of the Flood Disaster Protection Act of 35 1973, including as applicable any regulations set forth in 24 CFR 55 (implementing Executive 36 Order 11988), in regard to the sale, lease or other transfer of land acquired, cleared, or 37 improved under the terms of this CONTRACT, as it may apply to the provisions of this 38 CONTRACT. . 39 /1/ -23- • initials l :1 • • Contract No. KCO5025 2 IDIS No.1607 3 4 5 F. Lead -Based Paint 6 SUBRECIPIENT agrees that any construction or rehabilitation of residential 7 structures with assistance provided under this CONTRACT shall be subject to HUD Lead -Based 8 Paint Regulations at 24 CFR 570.608, and 24 CFR 35, and in particular Sub -Part B thereof. 9 Such regulations pertain to all HUD - assisted housing and require that all owners, prospective 10 owners, and tenants or properties constructed prior to 1978 be properly notified with the 11 "Protect Your Family From Lead In Your Home" (http: / /www.epa.gov /lead) that such 12 properties may include lead -based paint. 13 G. Historic Preservation 14 SUBRECIPIENT agrees to comply with the Historic Preservation requirements 15 set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and 16 the procedures set forth in 36 CFR 800, Protection of Historic Properties, insofar as they apply 17 to the performance of this CONTRACT. 18 In general, this requires concurrence from the State Historic Preservation 19 Officer for all rehabilitation and demolition of historic properties that are fifty years old or 20 older or that are included on a Federal, State, or local historic property list. 21 H. Energy Efficiency Standards 22 SUBRECIPIENT agrees to comply with the California Energy Commission 23 Assembly Bill 970, Title 24, Part I of the California Code of Regulations (AB970: Building 24 Efficiency Energy Standards), in regard to construction and property development, when 25 applicable. 26 XIII. NOTICES 27 Any communication with COUNTY and SUBRECIPIENT concerning this CONTRACT shall 28 be directed as follows: 29 COUNTY: 30 County of Orange 31 Housing and Community Services Department 32 1770 North Broadway 33 Santa Ana, California 92706 -2642 34 Attention: Contract Administration and Compliance 35 36 SUBRECIPIENT: 37 City of Seal Beach 38 211 Eighth Street 39 , Seal Beach, California, 90740 40 Attention: Christy Teague 41 42 -24- initials • 1• • • 2 Contract No. KCO5025 3 IDIS No.1607 4 5 6 IN WITNESS WHEREOF, CITY has caused this CONTRACT to be executed by its Director 7 of Development Services and its Senior Planner; COUNTY has caused this CONTRACT to be 8 executed by the DIRECTOR of the Housing and Community Services Department; all having 9 been duly authorized by the City Council of SUBRECIPIENT and the Orange County Board of 10 Supervisors, respectively. 11 12 SUBRECIPIENT*: 13 14 City of Seal Beach, • 15 a municipal corporation, 16 in the State of California 18 By: i4S / �i %/12 By: /41,44:4/40 1A1 19 N „� �► - . Lee Whittenberg Name: Christy Teague 20 Title: Director of Development Services Title: Senior. Planner 21 Date: U J ► v Date: A14.3 . 1 o 22 23 *For Contractors /Vendors that are a corporation. Signature requirements are as follows: 24 1) One signature by the Chairman of the Board, the President or any Vice President, 25 And 26 2) One signature by the Secretary, any Assistant Secretary, the Chief Financial Officer 27 or an Assistant Treasurer. 28 For Contractors /Vendors that are not a corporation, the person who has authority to bind the 29 Contractor /Vendor to a CONTRACT must sign on one of the lines above. 30 31 32 33 COUNTY OF ORANGE, a political 34 subdivisioy, tate of California 35. 1 36 By: 37 DECTOR, 38 Housing and Community 39 Services Department 40 41 Date: / /v . 42 43 COUNTY COUNSEL, 44 APPROVAL AS TO FORM: 45 46 Date: April 14, 2005 47 /// 48 /1/ 49 /// 50 /// 51 -25- initials • • • 1 Scope of Services 2 CDBG Contract No. KCO5025 3 IDIS No. 1607 4 5 COMMUNITY DEVELOPMENT BLOCK GRANT 6 SUBRECIPIENT SCOPE OF SERVICES 7 (Program Year 2005 -06) 8 • 9 10 This Scope of Services is part of the Contract between the County of Orange and The 11 City of Seal Beach, SUBRECIPIENT, dated —\ Z —( 12 It is incorporated into that Contract as though fully set forth therein: 13 14 TITLE OF PROJECT: Leisure World ADA Housing Rehabilitation Program 15 SUBRECIPIENT: City of Seal Beach 16 ACTIVITY: Housing 570.202 (a) (1) 17 MATRIX CODE: 14A Rehab: Single Unit Residential 18 19 I. SCOPE OF SERVICES 20 A. Activities 21 SUBRECIPIENT will be responsible for administering a Year 2005 - 06 Community 22 Development Block Grant project described as follows in a manner satisfactory to the COUNTY 23 and consistent with any standards required as a condition of providing these funds: 24 Project .Description 25 Funds will be used to complete the rehabilitation of 13 single - family units in the 26 Leisure World Community of Seal Beach. The rehabilitation work will consist of modifications 27 to the interior living space of each unit to provide greater ADA accessibility to restrooms, 28 kitchens and other appropriate living space areas. No exterior rehabilitation work will occur. 29 The work will include provisions of ADA accessible restrooms, including showers and sinks. 30 Kitchen areas will also be modified to provide ADA accessible countertops, cabinets, and 31 appliances. 32 /// 33 /// 34 /// 35 /// 36 /1/ • 37 /1/ • 38 /1/ 39 /1/ 40 /1/ 41 /// 42 /1/ - Al - tArr 1 • 1 • Scope of Services 2 CDBG Contract No. KCO5025 3 IDIS No. 1607 4 5 6 B. In addition to the normal administrative services required as part of this 7 Contract, the SUBRECIPIENT agrees to meet the following level(s) of accomplishment: 8 Scope of Work 9 Use of Funds Level of Accomplishment 10 No. 1: Housing Rehabilitation 13 Units 1 • 12 C. National Objective • 13 The subject activities are consistent in complying with the following national 14 objective as set forth in 570.208 (a) (2). 15 Direct Benefit - Low and Moderate Income: Low Mod Housing 16 17 D. Program Impact (outcomes): describe to what extent this activity delivered the 18 desired outcomes in the community or in the lives of the persons assisted: 19 20 The Increased ability of senior citizens to maintain self- sufficiency. 21 II. BUDGET 22 A. This contract is in an amount not to exceed $ 200,000.00 (Two Hundred 23 Thousand Dollars and 00 /100). 24 B Project Funding Budget 25 1. The subject proposal will be financed under this contract as follows: 26 27 Housing Rehabilitation 570.202 (a) (1) $ 200,000.00 28 29 Total $ 200,000.00 30 /// 31 /// 32 /// 33 /// 34 /// 35 /// 36 /// 37 /// 38 /1/ 39 /1/ 40 /// 41 /// 42 /// 1,1 ntrr -A2- • 1 Scope of Services. 2 CDBG Contract No. KCO5025 3 IDIS No. 1607 4 - 5 2. Funds shall be used for the following items: 6 Costs relating to the rehabilitation of 13 single family units in the Leisure World Community of 7 Seal Beach. The rehabilitation work will consist of modifications to the interior living space of 8 each unit to provide greater ADA accessibility to restrooms, kitchens and other appropriate 9 living space areas. No exterior rehabilitation work will occur. The work will include provisions 10 of ADA accessible restrooms, flooring, including showers and sinks. Kitchen areas will also be 11 modified to provide ADA accessible countertops, cabinets, flooring, and appliances. 12 13 3. Line items identified in Section II.B..1. above are to be considered as estimates. 14 Compensation for costs incurred during the life of this contract may be reallocated between 15 said line items. Upon written request by SUBRECIPIENT and written approval by the 16 DIRECTOR, compensation may be reallocated to address any costs incurred for previously 17 unbudgeted uses eligible under the applicable State and Federal regulations, particularly the 18 Federal regulations at CFR 24 Part 570.202 (a) (1). 19 III. SUBRECIPIENT CONTACT • 20 City of Seal Beach 21 211 Eighth Street 22 Seal Beach, CA 90740 23 Attention: Christy Teague 24 Phone: (562) 431 -2527 Ext. 316 25 Fax: (562) 431 -4067 26 27 As the duly authorized representative of the SUBRECIPIENT, I certify that the above 28 information is true and accurate, and, that the source of documentation is available for review 29 by both the County of Orange /Housing and Community Development Department and the 30 United States Depart ent of Housing and Urban Development. 31 32 By: . f/. / f Date: d U11/ -z� 2'O? 33 . e: Lee Whittenberg 34 Title: Director of Development Services 35 By: �ii� �� Vii. Date: a�, i HOC 1 36 Name: Christy Teague .1 37 Title: Senior Planner - A3 - "(4)7( • • 1 Exhibit to Contract No. KCO5025 2 3 Housing and Community Services Department 4 Child Support Provisions 5 6 7 8 These Child Support Enforcement Provisions have been approved by the Orange 9 County Board of Supervisors and are hereby incorporated into Contract No. KCO5025 10 at the direction of the Director, Housing and Community Services Department. 11 12 -- -- -- - 13 14 PROVISIONS 15 16 Child Support Enforcement Requirements 17 1. In order to comply with child support enforcement requirements 18 of the County of Orange, within 30 days of award of contract, contractor agrees to 19 furnish to the contract administrator: 20 a. In the case of an individual contractor, his /her name, date 21 of birth, Social Security number, and residence address; 22 b. In the case of a contractor doing business in form other 23 than as an individual, the name, date of birth, Social Security number, and residence 24 address of each individual who owns an interest of 10 percent or more in the 25 contracting entity; . 26 c. A certification that the contractor has fully complied with all 27 applicable federal and state reporting requirements regarding its employees; and 28 d. A certification that the contractor has fully complied with all 29 lawfully served Wage and Earnings Assignment Orders and Notices of Assignment 30 and will continue to so comply. 31 /// 32 /// 33 /// 34 /// 35 /// 36 /// -CS1- . OtYr • 1 Exhibit to Contract No. KCO5025 2 3 2. The certification will be stated as follows: 4 "I certify that City of Seal Beach is in full compliance with all applicable 5 federal and state reporting requirements its employees and with all lawfully served 6 Wage and Earnings Assignment Orders and Notices of Assignment and will continue 7 to be in compliance throughout the term of Contract No. KCO5025 with the County of 8 Orange. I understand that failure to comply shall constitute a material breach of the 9 contract and that failure to cure such breach within 60 calendar days of notice from 10 the County shall constitute grounds for termination of the contract without cost to 11 the County." 12 It is expressly understood that this data will be transmitted to 13 government agencies charged with the establishment and enforcement of child 14 support orders and for no other purposes. 15 Failure of the contractor to timely .submit the data and /or 16 certifications required above or to comply with all federal and state reporting 17 requirements for child support enforcement or to comply with all lawfully served 18 Wage and Earnings Assignment Orders and Notices of Assignment shall constitute a 19 material breach of the contract. Failure to cure such breach within 60 calendar days 20 of notice from the County shall constitute grounds for termination of the contract. 21 /// 22 /// 23 /// 24 /// 25 /// 2 6 /// • 2 7 /// 28 /// 29 /// 30 /// 31 p 0Or - CS2 -. • 1 Exhibit to Contract No. KCO5025 2 3 ORANGE COUNTY CHILD SUPPORT ENFORCEMENT 4 CERTIFICATION REQUIREMENTS 5 6 A. In the case of an individual contractor, his /her name, date of birth, S.ocial 7 Security number, and residence address: 8 9 Name: 10 D.O.B.: 11 Social Security No: 12 Residence Address: 13 14 15 B. In the case of a contractor doing business in a form other than as an 16 individual, the name, date of birth, Social Security number, and residence 17 address of each individual who owns an interest of 10 percent or more in the 18 contracting entity: 19 20 Name: 21 D.O.B.: 22 Social Security No: 23 Residence Address: 24 25 26 Name: 27 D.O.B.: 28 Social Security No: 29 Residence Address: 30 31 32 Name: 33 D.O.B.: 34 Social Security No: 35 Residence Address: 36 37 38 OC Form 5- 21 -98 39 . -CS3- /k/ eibt 1 1 Exhibit to Contract No. KCO5025 2 3 4 CERTIFICATION OF COMPLIANCE 5 6 7 8 9 10 "I certify that City of Seal Beach is in full compliance with 11 (Contractors Name) 12 all applicable federal and state reporting requirements regarding its employees and 13 with all lawfully served "Wage and Earnings Assignments Orders" and "Notices of 14 Assignments" and will continue to be in compliance throughout the term of: 15 16 1) Contract No. or, KCO5025 17 18 19 2) the Contract for City of Seal Beach - Leisure World ADA Housing 20 Rehabilitation Program with the County of Orange. I understand that failure to 21 comply shall constitute a material breach of the contract and that failure to cure such 22 breach within 60 calendar days of notice from the County shall constitute grounds for 23 termination of the contract without cost to the County." 24 25 By: .„e/11/ 26 Authorized Signature 27 Name: Lee Whittenberg 28 Title: Director of Development Services 29 30 31 32 By: Jt.A—e/1 / 33 Author } ►ed Signal re 34 Name: Christy Teague 35 Title: Senior Planner 36 37 /// 38 39 // 40 41 OC Certification 5 -21 -98 • -CS4- "