HomeMy WebLinkAboutAGMT - Orange County (CDBG Assisted Activities - KC05046) Contract No. KCO5046
IDIS No.: 1608
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: Sewer line relining /curb, gutter and sidewalk replacement and roadway
FUNDING SOURCE: CDBG
Accompanying this cover page is the above referenced contract, which includes:
TABLE OF CONTENTS
I. Contract Form
II. Definitions
III. Conditions of Funding
a. Amount of contract: $175,000.00
IV. Amendments
V. Payments
VI. General Administration
VII. Performance
VIII. Performance Monitoring
IX. Modifications /Transfers of Real Estate
X. Audits
XI. Federal Administrative Requirements
XII. Environmental Conditions •
XIII. Notices
111 41111/ Contract No. KCO5046
• 2 • IDIS No. 1608
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• 4 COUNTY OF ORANGE
5 HOUSING AND COMMUNITY SERVICES DEPARTMENT
6 COMMUNITY DEVELOPMENT BLOCK GRANT
7 (Program Year 2005 -06)
8
9 TITLE OF PROJECT: Sewer line relining /curb, gutter and sidewalk replacement and roadway
10 570.201(c); 03K Street Improvements
11
12 This agreement, hereinafter referred to as "CONTRACT ", is entered into on \ 2-O.0 ,
13
14 BY AND BETWEEN City of Seal Beach,
15 a municipal corporation,
16 in the State of California, and hereinafter
17 • referred to as "SUBRECIPIENT ".
18
19 AND COUNTY OF ORANGE, a political subdivision
20 of the State of California and recognized Urban
21 County under the Federal Housing and
22 Community Development Act of 1974 (Public
23 Law 93 -383), as amended, hereinafter
24 referred to as "COUNTY ".
25
26 RECITALS
27 This CONTRACT is made with reference to the following facts, among others:
28 WHEREAS, COUNTY has applied for and anticipates receiving funds from the United
29 States Department of Housing and Urban Development, hereinafter referred to as "HUD ",
30 under Title I of the Housing and Community Development Act of 1974 (Public Law 93 -383, as
31 amended) for the purpose of funding projects meeting one of the HUD national objectives; •
32 and
33 WHEREAS, SUBRECIPIENT has submitted to COUNTY an application for funding of a
34 housing and community development activity; and
35 WHEREAS, COUNTY adopted its Annual Action Plan, (hereinafter referred to as
36 "ANNUAL ACTION PLAN "), including any mid -year amendments, which sets forth_the PROJECT
37 described herein; and
38 WHEREAS, HUD, in accordance with 24 CFR Part 570 Subpart 0, 570.902, will annually ,
39 review the performance of COUNTY to determine whether COUNTY has carried out it's
40 Community Development Block Grant (CDBG) assisted activities in a timely manner and has
41 significantly disbursed CDBG funds and met the mandated "1.5 %" threshold; and
42 WHEREAS, COUNTY approved an allocation of $175,000.00 (One Hundred Seventy-
43 Five Thousand Dollars and 00 Cents) in project funding to SUBRECIPIENT for the Fiscal Year
44 2005 -06; and
45 WHEREAS, HUD has accepted and certified the ANNUAL ACTION PLAN.
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5 WHEREAS, COUNTY engages SUBRECIPIENT to assist COUNTY in utilizing aforesaid
6 funds.
7 NOW, THEREFORE, the parties enter into the following:
8 I. CONTRACT FORM
9 This CONTRACT consists of:
10 A. The following provisions;
11 B. All applicable Federal Regulations, including 24 CFR 570;
12 C. Applicable State and COUNTY laws and regulations; and,
13 D. The attached SUBRECIPIENT SCOPE OF SERVICES, which is incorporated as if
14 fully set forth herein; and,
15 . E. The attached Child Support PROVISIONS, which are incorporated as if fully set
16 forth herein.
17 II. DEFINITIONS
18 For the purposes of this CONTRACT the following definitions shall apply:
19 A. HUD: United States Department of Housing and Urban Development.
20 B. HOUSING AND COMMUNITY SERVICES DEPARTMENT (HCS): COUNTY
21 department designated as the Lead Agency for the development and implementation of
22 County of Orange Urban County Program's Consolidated Plan.
23 C. DIRECTOR: DIRECTOR of the Orange County Housing and Community
24 Services Department, or designee.
25 D. PROGRAM INCOME: The gross income received by SUBRECIPIENT directly
26 generated from the use of the subject program funds.
27 E. CONSTRUCTION BID PACKAGE: A package of bidding documents which includes
28 the proposal, bidding instructions, CONTRACT documents, detailed estimated costs, and plans
29 and specifications for a construction project, all prepared in accordance with applicable
30 Federal regulations.
31 F. GRANTEE PERFORMANCE REPORT (GPR) INFORMATION FORM:. A PROJECT
32 activity data document provided by COUNTY to SUBRECIPIENT used to monitor and track the
33 performance of SUBRECIPIENT.
34 G. HOUSING AND COMMUNITY SERVICES (HCS) POLICY ON DOCUMENTING
35 SUBRECIPIENT COSTS: A COUNTY document setting policies regarding types of
36 documentation required to support the costs incurred and paid (including but not limited to
37 copies of paid invoices, certified payroll registers, bank statements, etc.).
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5 H. PROJECT: Any site or sites, including buildings, and /or activities assisted with
6 federal program funds.
7 I. PROGRAM ADMINISTRATION: An activity relating to the general management,
8 oversight and coordination of community development programs. Costs directly related to
9 carrying out eligible activities are not included.
10 J. OMB: Federal Office of Management and Budget.
11 K. CAPER: Consolidated Annual Performance and Evaluation Report. An annual
12 published report to HUD and the public on all housing-related activities.
13 L. CDBG: Community Development Block Grant funds.
14 M. EQUIPMENT: Tangible, non - expendable, personal property having a useful life
15 of more than one year and an acquisition cost of $5,000 or more per unit.
16 III. CONDITIONS OF FUNDING
17 A. SUBRECIPIENT acknowledges that the obligation of the COUNTY is contingent
18 upon the availability of Federal, State or local Government funds, which are appropriated or
19 allocated for the payment of such an obligation. If funds are not allocated and available for
20 the continuance of the function performed by SUBRECIPIENT, the CONTRACT may be
21 terminated by the COUNTY at the end of the period for which funds are available. The
22 COUNTY shall notify SUBRECIPIENT at the earliest possible time of any service, which will or
23 may be affected by a shortage of funds. No penalty shall accrue to the COUNTY in the event
24 this provision is exercised and the COUNTY shall not be obligated nor liable for any damages
25 as a result of termination under this provision of this CONTRACT, and nothing herein shall be
26 construed as obligating the COUNTY to expend or as involving the COUNTY in any contract or
27 other obligation for the future payment of money in excess of appropriations authorized by
28 law.
29 B. Eligible costs related to services provided by SUBRECIPIENT must be incurred
30 during the period beginning July 1, 2005. The PROJECT shall be completed and all funds
31 provided through this CONTRACT shall be expended on eligible PROJECT activities prior- to
32 June 30, 2006. The term of this CONTRACT may be extended upon mutual agreement of the
33 parties in writing in accordance with Section IV.D. below. COUNTY will reclaim any unused
34 balance of funds for reallocation to other COUNTY approved projects if such extension does
35 not occur.
36 C. SUBRECIPIENT may be eligible to request additional funding up to the maximum
37 set forth in the applicable FY 2005 -06 Annual Action Plan, under section "Reprogramming of
38 Affordable Rental (Acquisition /New Housing Development) funds ", and Table I -3C if
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5 SUBRECIPIENT meets or exceeds any one of the Required Expenditure Thresholds at 50 %,
6 70% or 80% on or prior to the milestone date established herein in Section V.E.3.
7 D. If additional funding is available for allocation to SUBRECIPIENT, SUBRECIPIENT.
8 and COUNTY shall first amend the Subrecipient Scope of Services component of this
9 CONTRACT. Furthermore, SUBRECIPIENT shall demonstrate, to the satisfaction of DIRECTOR,
10 that the Expenditure and Performance Thresholds set forth herein Section V.E. 3. and Section
11 VII.B., as amended, will continue to be met before such extension and additional allocation
12 shall be granted.
13 IV. AMENDMENTS
14 A. COUNTY, through its DIRECTOR - without further action by the COUNTY's Board
15 of Supervisors (hereinafter referred to as "BOARD ") and SUBRECIPIENT may by mutual
16 agreement amend and /or extend this CONTRACT and /or incorporated Subrecipient Scope of
17 Services, at any time, up to 45 (forty -five) days prior to CONTRACT expiration, provided that
18 the proposed action is not a Substantial Amendment as defined by the "FY 2003 -2006
19 Funding Allocation Policy and Process & Citizen Participation Plan for FY 2005 - 2006 ", any such
20 amendment makes specific reference to this CONTRACT, is executed in writing, and signed by
21 a duly authorized representative of • the SUBRECIPIENT's organization. SUBRECIPIENT's
22 written request to amend must include a revised budget for funds being extended, if that
23 budget is different in scope from the originally agreed upon SUBRECIPIENT SCOPE OF
24 SERVICES. SUBRECIPIENT must also comply with the original thresholds and milestones
25 outlined in Section VII.B. herein. Such amendment shall not invalidate this CONTRACT, nor
26 relieve or release COUNTY or SUBRECIPIENT from their respective obligations under this
27 CONTRACT. Any proposed amendment to this CONTRACT shall be submitted to DIRECTOR,
28 and approved by DIRECTOR in writing prior to commencement of any activity covered by said
29 amendment.
30 B. SUBRECIPIENT agrees that COUNTY may, at its sole discretion, amend this
31 CONTRACT to conform with federal, state or local governmental guidelines, policies, and
32 available funding amounts.
33 C. If any amendment results in a change in the funding amount, SUBRECIPIENT
34 SCOPE OF SERVICES, threshold and milestone dates or schedule of activities to be
35 undertaken as part of this CONTRACT, such modifications will be incorporated only by written
36 amendment executed by DIRECTOR and SUBRECIPIENT.
37 D. CONTRACT Extension
38 1. The term of this CONTRACT and the provisions herein may be extended
39 to cover an additional time period as specified herein.
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5 2. The date for PROJECT completion and expenditure of all funds may be '
6 extended by the DIRECTOR without further action by the BOARD for a period not to exceed
7 . six (6) months from June 30, 2006. All extension approvals must be in writing and signed by
8 the DIRECTOR. In the event of such extension, the deadline for submittal of invoices shall be
9 forty -five (45) days after the new expiration date.
10 3. CONTRACT extension provisions are not applicable to PROGRAM
11 ADMINISTRATION activities.
12 V. PAYMENTS
13 A. Funds from COUNTY to SUBRECIPIENT shall be disbursed subsequent to
14 availability of funds from HUD to COUNTY.
15 . B. Funds shall not be disbursed for any costs incurred prior to the certification by
16 COUNTY and /or HUD of Certificate(s) of Insurance and environmental compliance, as further
17 defined in Section VI and Section XII of this CONTRACT. Additionally, when applicable, no
18 funds shall be disbursed prior to submittal of certified payroll documentation to COUNTY with
19 each invoice package /request for payment, as further defined in Section XI.
20 C. CONTRACT Amount
21 It is expressly agreed and understood that the total amount to be paid by
22 COUNTY under this CONTRACT shall not exceed $175,000.00. Reimbursement for the
23 payment of eligible project expenses shall be made in accordance with the budget specified in
24 Section II. of SUBRECIPIENT SCOPE OF SERVICES.
25 D. Readiness
26 SUBRECIPIENT shall be required to demonstrate to COUNTY its readiness to
27 immediately initiate its PROJECT upon execution of this CONTRACT by providing to the
28 COUNTY documentation including, but not limited to, the following: Board or Council
29 Minutes /Resolution; Awarded bid documents with timeline requirements; and, executed
30 Architects and Engineers (hereinafter referred to as "A &E ") contract with specific project
31 timelines consistent with funding. By August 1, 2005 SUBRECIPIENT shall provide COUNTY a
32 Project Readiness Checklist incorporating the status of all PROJECT - phasing milestones. In
33 the case of milestones not yet reached, SUBRECIPIENT shall provide projected target dates
34 for when said milestones will be met. The Project Readiness Checklist shall clearly
35 demonstrate that SUBRECIPIENT will meet the "Required Expenditure Thresholds" established
36 herein Section V. E. 3. SUBRECIPIENT acknowledges that said Project Readiness Checklist
37 may be considered to evaluate the performance of the SUBRECIPIENT.
38 E Payment of Project Activities
39 1. COUNTY will reimburse SUBRECIPIENT for eligible,project- related costs
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5 only. SUBRECIPIENT shall submit requests for reimbursement to COUNTY on a quarterly
6 basis beginning on July 1, 2005, and must provide adequate documentation as required by.
7 COUNTY in accordance with the COUNTY's Housing and 'Community Services Department,
8 (hereinafter referred to as "HCS ") Policy for Documenting Subrecipient Costs. In addition,
9 SUBRECIPIENT will provide a progress performance report (i.e. Grantee Performance Report
10 hereinafter referred to as "GPR" Information Form) for the time period covered, as prescribed
11 by COUNTY. Failure to provide any of the required documentation and reporting will cause
12 COUNTY to withhold all or a portion of a request for reimbursement, or return the entire
13 reimbursement package to Subrecipient, until such documentation and reporting has been
14 received and approved by COUNTY.
15 2. If SUBRECIPIENT has no request for reimbursement during any quarter
16 during the term of this CONTRACT, a GPR, including an explanation as to why no invoices
17 were being processed, shall be required in lieu of a request for reimbursement.
18 3. The following "Required Expenditure Threshold" criteria has been
19 established to guide the SUBRECIPIENT in structuring and scheduling their expenditure of
20 funds received through this CONTRACT. The criteria thresholds are consistent with the
21 criteria used by HCS to determine performance including, but not limited to, determinations of ,
22 future award of funds, additional funding requests and /or determinations for the recapture of
23 funding. •
24
25 Minimum Required
26 Milestone Date Expenditure Threshold
27 September 30, 2005 ' 30% of Contracted Amount Expended
28 November 30, 2005 50% of Contracted Amount Expended
29 January 31, 2006 70% of Contracted Amount Expended
30 March 31, 2006 80% of Contracted Amount Expended
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32 4. SUBRECIPIENT will have forty -five (45) days following the expiration of
33 the CONTRACT to submit outstanding invoices for reimbursement of eligible costs incurred
34 during the CONTRACT period. After the forty -five (45) day period for submitting invoices has
35 expired, COUNTY shall reallocate the remaining balance under this CONTRACT for other
36 program purposes and SUBRECIPIENT shall be ineligible for any further reimbursement.
37 F. Program Income
38 1. SUBRECIPIENT shall comply with regulations set forth in 24 CFR
39 570.504, as well as all applicable State or COUNTY regulations concerning the reporting and
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4 payment procedures for program income.
5 2. All Program Income accrued shall be returned to COUNTY or drawn down
6 prior to SUBRECIPIENT receiving any reimbursement from grant funds provided under this
7 CONTRACT. SUBRECIPIENT. agrees to execute the appropriate COUNTY standardized
8 CONTRACT when returning and using program income funds.
9 3. SUBRECIPIENT shall provide information of the receipt of PROGRAM
10 INCOME by SUBRECIPIENT related to PROJECT on all GPR INFORMATION FORMS submitted
11 with requests for reimbursement.
12 4. SUBRECIPIENT shall complete and submit a Year -End Program Income
13 Worksheet, including any reimbursement remittance necessitated therein, by July 15,
14 following the fiscal year in which this CONTRACT is in force.
15 VI. GENERAL ADMINISTRATION
16 • A. SUBRECIPIENT shall provide the oversight, administration, and project
17 management necessary to accomplish all contracted activities in a timely manner.
18 SUBRECIPIENT also agrees to comply with all applicable federal, state, and local laws and
19 regulations governing the funds provided under this CONTRACT.
20 B. Independent Contractor
21 Nothing contained in this CONTRACT is intended to, or shall be construed in any
22 manner, as creating or establishing the relationship of employer /employee between the
23 parties. SUBRECIPIENT and its subcontractors shall at all times remain independent
24 contractors with respect to the services to be performed under this CONTRACT. COUNTY shall
25 be exempt from payment of any Unemployment Compensation, FICA, retirement, life and /or
26 medical insurance and Workers' Compensation Insurance as SUBRECIPIENT and its
27 subcontractors are independent contractors.
28 C. Hold Harmless
29 SUBRECIPIENT shall hold harmless, defend with counsel approved in writing by
30 COUNTY and indemnify COUNTY from any and all claims, actions, suits, charges, and
31 judgments whatsoever that arise out of SUBRECIPIENT's and /or its subcontractor's use of
32 funds, performance or nonperformance of the project and /or scope of work called for in this
33 CONTRACT.
34 D. Assignability
35 SUBRECIPIENT shall not assign or transfer any interest in this CONTRACT
36 without the prior written _consent of COUNTY.
37 E. Subcontracts
38 1. SUBRECIPIENT shall submit all subcontract agreements to COUNTY for
39 review and consent prior to entering into such subcontracts. For construction subcontracts,
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4 SUBRECIPIENT shall submit the Construction Bid Package to COUNTY for review and written
5 approval by DIRECTOR prior to advertising for bids and award for the construction contract.
6 SUBRECIPIENT shall construct project in accordance with the Construction Bid Package, which
7 DIRECTOR approved, unless prior written approval is received from DIRECTOR for
8 modification thereof.
9 2. SUBRECIPIENT shall assume responsibility for all subcontracted services
10 to assure CONTRACT compliance.
11 3. SUBRECIPIENT shall cause this CONTRACT, in its entirety, to be included
12 in and made a part of any subcontract executed in the performance of this CONTRACT.
13 4. SUBRECIPIENT shall monitor all subcontracted services on a quarterly
14 basis to assure CONTRACT compliance. Results of said monitoring efforts shall be
15 summarized in written form, and supported with documented evidence of follow -up action(s)
16 to correct any area(s) of CONTRACT non - compliance. Documentation shall be made available
17 for periodic monitoring by representatives of COUNTY and /or HUD.
18 F. Relocation
19 SUBRECIPIENT shall, in all matters relating to the project:
20 1. Take all reasonable steps to minimize displacement by providing tenants
21 reasonable opportunity to lease and occupy dwelling units in the project being improved; and,
22 2. Submit to COUNTY a Plan outlining financial and advisory assistance in
23 securing temporary housing for any eligible tenant who is temporarily or permanently
24 relocated due to the project.
25 3. Comply with the Uniform Relocation Assistance and Real Property
26 Acquisition Policies Act of 1970, as amended by the Uniform Relocation Act /URA, 49 CFR Part
27 24 and 24 CFR 570.606 for persons displaced by the project; and,
28 4. Have in effect and follow a residential anti - displacement and relocation
29 plan required under section 104(d) of the Housing and Community Development Act of 1974,
30 as amended, in conjunction with any activity assisted with funding under the subject
31 program.
32 G. Fair Housing
33 SUBRECIPIENT shall affirmatively further fair housing in accordance with 24
34 CFR 570.904.
35 H. Insurance
36 No costs shall be incurred and no funds shall be disbursed prior to written
37 certification of approval by COUNTY of insurance fulfillment.
38 1. SUBRECIPIENT, at its own expense, agrees to deposit with COUNTY prior
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5 to the execution and provision of services under this CONTRACT, Certificates of Insurance,
6 including all endorsements required herein, necessary to satisfy COUNTY that the insurance
7 provisions of this CONTRACT have been complied with, and to keep such insurance and the
8 certificates therefore on deposit with COUNTY during the entire term of this CONTRACT. In
9 addition, all contractors and subcontractors performing work on behalf of SUBRECIPIENT
10 pursuant to this CONTRACT shall be covered under SUBRECIPIENT's insurance or shall obtain
11 insurance subject to the same terms and conditions as set forth herein for SUBRECIPIENT.
12 SUBRECIPIENT shall require that any contractor or subcontractor working for SUBRECIPIENT
13 have the insurance required by this section and not allow contractors or subcontractors to
14 work if the contractors or subcontractors have less than the level of coverage required by the
15 COUNTY under this CONTRACT. SUBRECIPIENT shall provide notice of the insurance
16 requirements to every contractor or subcontractor, and to receive proof of insurance prior to
17 allowing any contractor or subcontractor to begin work. Such proof of insurance must be
18 maintained by SUBRECIPIENT through the entirety of this CONTRACT for inspection by
19 COUNTY representative at any reasonable time. All insurance policies required by this
20 CONTRACT shall declare any deductible or self- insured retention (SIR) in an amount in excess
21 of $25,000 ($5,000 for automobile liability), which shall specifically be approved by COUNTY
22 Executive Office /Office of Risk Management.. SUBRECIPIENT shall be responsible for
23 reimbursement of any deductible to the insurer.
24 2. SUBRECIPIENT shall maintain insurance acceptable to COUNTY in full
25 force and effect throughout the term of this CONTRACT. If SUBRECIPIENT fails to maintain
26 insurance acceptable to COUNTY for the full term of this CONTRACT, COUNTY may terminate
27 this CONTRACT.
28 3. The policy or policies of insurance must be issued by an insurer licensed
29 to do business in the State of California (California Admitted Carrier).
30 4. Minimum insurance company ratings as determined by the most current
31 edition of the Best's. Key Rating Guide /Property - Casualty /United States or ambest.com
32 shall be A -. (Secure Best's Rating) and VIII (Financial Size Category). SUBRECIPIENT will file
33 with COUNTY, prior to the commencement of performance of services under this CONTRACT,
34 an original Certificate of Insurance and all required endorsements evidencing that coverage
35 required by this CONTRACT is in effect.
36 5. If the carrier is a non - admitted carrier in the State of California, COUNTY
37 Executive Office /Office of Risk Management retains the right to approve or reject carrier after
38 a review of the company's performance and financial ratings.
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5 6. The policy or policies of insurance maintained by SUBRECIPIENT shall
6 provide the minimum limits and coverage as set forth herein below:
7 •
8 'Coverage Minimum Limits
9 Commercial General Liability to $1,000,000 combined single limit
10 include a Broad Form Property per occurrence
11 Damage Endorsement, including the
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12 Peril of Fire, and Contractual Liability $2,000,000 Aggregate
13 Automobile Liability including all $1,000,000 combined single limit
14 owned non -owned and hired vehicles per occurrence
15 Workers' Compensation Statutory
16 Sexual Misconduct $1,000,000 per occurrence
17 Employer's Liability • $1,000,000 per occurrence
18 7. Each insurance policy . required by this CONTRACT shall be endorsed to
19 . contain the following provisions:
20 a. This insurance shall not be changed, canceled, limited in scope of
21. coverage or non- renewed until after 30 days written notice has been given to COUNTY of
22 Orange /HCS (Endorsement must be attached to Certificate of Insurance).
23 If a 30 -day notice of cancellation endorsement is not received,
24 the cancellation clause must include language as follows, which edits the pre - printed ACORD
25 certificate:
26 Should any of the above described policies be cancelled before the expiration date thereof,
27 the issuing company will mail 30 days written notice to the certificate holder' named as:
28 County Of Orange /Housing and Community Services Department.
29 b. All rights of subrogation are hereby waived against COUNTY, it's
30 elective and appointed officials, officers and employees when acting within the scope of their
31 employment or appointment, and COUNTY and their Board or Commissions, which are
32 governed by COUNTY Board of Supervisors. (Endorsement must be attached to Certificate of
33 Insurance).
34 c. As respects operations of the named insured performed on behalf
35 of COUNTY, COUNTY is added as an additional insured except for Workers'
36 Compensation /Employers' Liability. (Endorsement must be attached to Certificate of
37 Insurance).
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5 d. It is agreed that any insurance maintained by COUNTY will apply
6 in excess of, and not contribute with, insurance provided by this policy. (Endorsement must
7 be attached to Certificate of Insurance for the General Liability policy).
8 e. Commercial General Liability policy shall contain a severability of
9 interests clause.
10 8. Insurance information shall be submitted to:
11 County Of Orange
12 Housing and Community Services Department
13 Attention: Contract Administration and Compliance
14 1770 North Broadway
15 Santa Ana, California 92706 -2642 .
16 9. Upon written advice of COUNTY's Risk Manager, any of the above
17 insurance types may be increased or waived due to current insurance marketplace conditions.
18 In addition, COUNTY Risk Manager retains the right to require additional insurance coverage
19 as may be deemed appropriate to adequately protect COUNTY. COUNTY's requirements shall
20 be reasonable and shall be designed to assure protection from and against the kind and
21 extent of risks, which exist at the time a change in insurance is required.
22 10. COUNTY shall notify SUBRECIPIENT in writing of changes in the
23 insurance requirements. If SUBRECIPIENT does not deposit copies of acceptable certificates
24 of insurance and endorsements with COUNTY incorporating such changes within thirty (30)
25 days of receipt of such notice, this CONTRACT may be in default without further notice to
26 SUBRECIPIENT, and COUNTY shall be entitled to all legal remedies.
27 The procuring of such required policy or policies of insurance shall not be
28 construed to limit SUBRECIPIENT's liability hereunder or to fulfill the indemnification
29 provisions and requirements of this CONTRACT.
30 I. Grantor Recognition
31 SUBRECIPIENT shall insure recognition of the role of the COUNTY in providing
32 services through this CONTRACT. All activities, facilities and items utilized pursuant to this
33 CONTRACT shall be prominently labeled as to funding source. In addition, SUBRECIPIENT will
34 include a reference to the support provided herein in all publications made possible with funds
35 made available under this CONTRACT. SUBRECIPIENT will retain documentation of such
36 recognition, which shall be available for periodic monitoring by representatives of COUNTY or
37 HUD.
38 J. Records to be Maintained
39 SUBRECIPIENT shall maintain all records required by the Federal regulations
40 specified in 24 CFR 570.503(b)(2), 570.506, 570.507 and 570.508 that are pertinent to the
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5 activities to be funded under this CONTRACT. Such records shall include, but not be limited
6 to:
7 1. Records providing a full description of each activity undertaken;
8 2. Records demonstrating that each activity undertaken meets one of the
9 National Objectives of the CDBG program;
10 3. Records required to determine the eligibility of activities;
11 4. Records required to document the acquisition, improvement, use, or
12 disposition of real property acquired or improved with CDBG assistance;
13 5. Records documenting compliance with the fair housing and equal
14 opportunity components of the CDBG program;
15 6. Financial records as required by 24 CFR 570.502, and OMB Circular A-
16 87; and
17 7. Other records necessary to document compliance with Subpart K of 24
18 CFR 570.
19 K. Retention
20 SUBRECIPIENT shall retain all records pertinent to expenditures incurred under
21 this CONTRACT for a period of five (5) years after the termination of all activities funded
22 under this CONTRACT, or after the resolution of all Federal audit findings, whichever occurs
23 later. Records for non - expendable property acquired with funds under this CONTRACT shall
24 be retained for five (5) years after final disposition of such property. Records for any
25 displaced person must be kept for five (5) years after s /he has received final payment.
26 L. Client Data
27 1. SUBRECIPIENT shall maintain client data demonstrating client eligibility
28 for services provided for a period of five (5) years after the termination of all activities funded
29 under this CONTRACT, or after the resolution of all Federal audit findings, whichever occurs
30 later. Such data shall be consistent and include, but not be limited to, client name, address,
31 verifiable income level (as documented by income tax returns, employee payroll records,
32 retirement statements, etc. or other third party documentation acceptable to COUNTY, for
33 determining eligibility), and description of service provided. Such information shall be made
34 available to HUD representatives, COUNTY monitors, or their designees, for review upon
35 request.
36 2. SUBRECIPIENT shall develop and implement procedures to ensure the
37 confidentiality of records pertaining to any individual provided family violence prevention or
38 treatment services under any project assisted under the subject program, including protection
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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 0. 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 Threshold" 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.
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• 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
17 Failure to achieve at least the aforementioned 50% drawdown, without a
• 18 written exemption approved by the DIRECTOR, may cause any remaining balance in this
19 CONTRACT to be reclaimed by COUNTY, and will negatively affect future funding to
20 SUBRECIPIENT. Failure to achieve the aforementioned 80% drawdown goal, without written
21 exemption approved by the DIRECTOR, may cause any remaining balance in this CONTRACT
22 to be reclaimed by COUNTY, and will impact future funding to SUBRECIPIENT.
23 C. SUBRECIPIENT shall complete and submit a Year End GPR Information Form by
24 July 15, following the fiscal year in which this CONTRACT is in force.
25 D. Should the activity being funded through this CONTRACT be completed,
26 cancelled or terminated prior to the termination date set forth herein in Section III. B.,
27 SUBRECIPIENT shall complete and submit a Mid -Year End GPR at the time of the completion,
28 cancellation or termination. Said GPR Information Form shall consist of a cumulative reporting
29 of project - related expenditures and accomplishments relative to the attached SUBRECIPIENT
30 SCOPE OF SERVICES. If activity funded through this CONTRACT is completed, or if funds
31 allocated through this CONTRACT are fully expended, prior to end of CONTRACT term,
32 SUBRECIPIENT must continue to serve it's clients for the entire term of this CONTRACT.
33 E. SUBRECIPIENT shall complete and submit a GPR in support of all requests for
34 reimbursement. Said GPR shall consist of a cumulative report of project - related
35 accomplishments relative to. attached SUBRECIPIENT SCOPE OF SERVICES for the subject
36 quarter. If at any time during the term of this CONTRACT SUBRECIPIENT has no activity
37 occur during any quarter, SUBRECIPIENT shall prepare and submit to COUNTY a Quarterly
38 GPR, regardless of actual activity.
39 F. SUBRECIPIENT acknowledges that the GPR Form is a monitoring tool that will
40 be reviewed and evaluated to determine SUBRECIPIENT's level of performance relative to this
41 CONTRACT.
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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
18 performance, as determined by COUNTY, will constitute non - compliance with this CONTRACT
19 for which COUNTY may immediately terminate the CONTRACT. If action to correct such
20 substandard performance is not taken by SUBRECIPIENT within the time period specified by
21 COUNTY, payment(s) will be denied in accordance with the provisions contained in Section V •
22 of this 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 less 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 less any portion of the value
37 attributable to expenditures of non -CDBG funds for acquisition of, or improvement to, the
38
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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 to be prepared by a Certified Public Accountant
11 (CPA) who is a member in good standing with the American Institute of Certified Public
12 Accountants (AICPA) of the California Society of CPA's. The audit must be performed
13 annually in accordance with Generally Accepted Auditing Standards (GAAS) authorized by the
14 AICPA and Federal laws and regulations governing the programs in which it participates.
15 Furthermore, COUNTY retains the authority to require SUBRECIPIENT to submit similarly
16 prepared audit at SUBRECIPIENT's expense even in instances when SUBRECIPIENT's
17 expenditure is less than $500,000. SUBRECIPIENT will be required to identify corrective
18 action taken in response to any findings identified by CPA related to their funded activity or
19 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. July1 — June 30). Failure to meet
23 this requirement may result in COUNTY denying reimbursement of funds to SUBRECIPIENT,
24 as well as future funding qualification. SUBRECIPIENTS, which are exempt from statutory
25 audit requirements, shall maintain records, which are available for review by COUNTY or
26 Federal officials. SUBRECIPIENT acknowledges that any and all "Financial Statements"
27 submitted to COUNTY pursuant to this COUNTY become Public Records and are subject to
28 public inspection 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
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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
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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 a Federal, State, or local
36 health, law enforcement, or other appropriate agency.
37 D. Affirmative Action
38 SUBRECIPIENT agrees that it shall be committed to carry out an Affirmative
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5 Action Program that encompasses the principles provided in President's Executive Order.
6 11246, as revised on January 4, 2002.
7 E. Employment Restrictions
8 1. Prohibited Activity
9 SUBRECIPIENT is prohibited from using funds provided herein, or
10 personnel employed in the administration of the program, for: political activities, sectarian or
11 religious activities, lobbying, political.patronage, and nepotism activities.
12 2. OSHA
13 Where employees are engaged in activities not covered under the
14 Occupational Safety and Health Act of 1970, they shall not be required or permitted to work,
15 be trained, or receive services in buildings or surroundings or under working conditions, which
16 are unsanitary, hazardous or dangerous to the participants' health or safety.
17 3. Labor Standards
18 a. As this CONTRACT is funded in whole or part by Federal funds,
• 19 SUBRECIPIENT. will comply with Federal Labor Standards, as referred to in this CONTRACT. If
20 the Federal Davis -Bacon determinations differ from the State Prevailing. Wage requirement,
21 SUBRECIPIENT will not pay less than the higher of the two rates.
22 b. SUBRECIPIENT will comply with Davis -Bacon and /or State
23 Prevailing Wage requirements, when applicable.
24 c. As applicable to the subject activity and project, SUBRECIPIENT
25 agrees to comply with the requirements of the Secretary of Labor in accordance with the
26 Davis -Bacon Act as amended, the provisions of Contract Work Hours and Safety Standards
27 Act, the Copeland "Anti-Kickback" Act (40 U.S.C. 276, 327 -333), and all other applicable
28 federal, state and local laws and regulations pertaining to labor standards insofar as those
29 acts apply to the performance of this CONTRACT. If applicable, SUBRECIPIENT shall maintain
30 documentation, which demonstrates compliance with hour and wage requirements of this
31 part. Such documentation shall be made available to COUNTY for review upon request.
32 d. SUBRECIPIENT agrees that, except with respect to the
33 rehabilitation or construction of residential property designed for residential use for less than
34 eight (8) units, all contractors engaged under contracts in excess of $2,000.00 for
35 construction, renovation or repair of any building or work financed in whole or in part with
36 assistance provided under this CONTRACT, shall comply with federal requirements pertaining
37 to such Contracts and with the applicable requirements of the regulations of the Department
38 of Labor, under 29 CFR, Parts 3, 1, 5, 7 and 1926 governing the payment of wages and ratio.
39 of apprentices and trainees to journeymen; provided, that if wage rates higher than those
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5 required under the regulations are imposed by state or local law, nothing hereunder is
6 intended to relieve SUBRECIPIENT of its obligation, if any, to require payment of the higher
7 rate. SUBRECIPIENT,shall cause or require to be inserted in full, in all such Contracts subject
8 to such regulations, provisions meeting the requirements of this paragraph.
9 e. In cases where Davis - Bacon applies, SUBRECIPIENT agrees to
10 submit the Construction Bid Package for this project to DIRECTOR for review and written
11 approval prior to advertising for bids and award of the construction Contract. SUBRECIPIENT
12 shall construct project in accordance with the Construction Bid Package, which DIRECTOR
13 approved, unless prior written approval is received from DIRECTOR for modification there
14 from.
15 4. California Labor Code Compliance
16 a. If Prevailing Wage laws apply, SUBRECIPIENT hereby agrees to
17 pay, or cause its subcontractors to pay, Prevailing Wage rates at all times for all construction,
18 improvements, or modifications to be completed for COUNTY under this CONTRACT.
19 Subrecipient herein agrees that SUBRECIPIENT shall post, or cause to be posted, a copy of
20 the most current, applicable Prevailing Wage rates at the site where the construction,
21 improvements, or modifications are performed.
22 b. Payroll Records
23 SUBRECIPIENT agrees that:
24 Certified copies of all payroll records for this project shall be
25 required pursuant to the provisions of California Labor Code Section 1776. The reporting
26 format and words of certification shall be as indicated in Title 8 California Code of Regulations
27 Section 16401.
28 Certified copies of payroll records of all subcontractors working
29 on this project are required. It shall be the responsibility of the prime contractor to ensure
30 subcontractor compliance.
31 Certified copies of all payroll records shall be submitted on a
32 weekly basis to COUNTY through the duration of this CONTRACT.
33 SUBRECIPIENT acknowledges that failure to comply with Section
34 1776 may result in a forfeiture of twenty -five dollars ($25) for each calendar day, or portion
35 thereof, for each worker, until strict compliance is effectuated, and it should be recognized
36 that a contractor or subcontractor, or agent or representative thereof who neglects to comply
37 is guilty of a misdemeanor pursuant to Labor Code Section 1777.
38
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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.
16 SUBRECIPIENT further agrees to comply with these "Section 3"
17 requirements and to include the following language in any subcontract executed under this
18 CONTRACT:
19 "The work to be performed under this CONTRACT is a project assigned under a program
20 providing direct federal financial assistance from HUD and is subject to the requirements of
21 Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701.
22 Section 3 requires that to the greatest extent feasible opportunities for training and
23 employment be given to lower income residents of the project area and Contracts for work in
24 connection with the project be awarded to business concerns which are located in, or owned
25 in substantial part by persons residing in the areas of the project."
26 b. Notifications
27 SUBRECIPIENT agrees to send to each labor organization or
28 representative of workers with which it has a collective bargaining agreement or other
29 Contract or understanding, if any, a notice advising said labor organization or worker's
30 representative of its commitments under this "Section 3" clause and shall post copies of the
31 notice in conspicuous places available to employees and applicants for employment or
32 training.
33 c. Subcontracts
34 SUBRECIPIENT will include "Section 3" clause in every
35 subcontract and will take appropriate action pursuant to the subcontract upon a finding that
36 the sub - SUBRECIPIENT is in violation of regulations issued by the Grantor Agency.
37 SUBRECIPIENT will not subcontract with any sub - SUBRECIPIENT where it has notice or
38 knowledge that the latter has been found in violation of regulations under 24 CFR 135 and will
39
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5 not let any subcontract unless the sub - SUBRECIPIENT has first provided it with a preliminary
6 statement of ability to comply with the requirements of these regulations.
7 6. Hatch Act
8 SUBRECIPIENT agrees that no funds provided, nor personnel employed
9 under this CONTRACT, shall be in any way or to any extent engaged in the conduct of political
10 activities in violation of the Hatch Act, 5 U.S.C. Section 1501 et seq.
11 7. Conflict of Interest
12 SUBRECIPIENT agrees to abide by the. provisions of OMB Circulars 102
13 and 110, as applicable, 24 CFR 570.611 with respect to conflicts of interest, and covenants
14 that it presently has no financial interest and shall not acquire any financial interest, direct or ,
15 indirect, which would conflict in any manner or degree with the performance of services
16 required under this CONTRACT. SUBRECIPIENT further covenants that in the performance of
17 this CONTRACT no person having such a financial interest shall be employed or retained by
18 SUBRECIPIENT hereunder. These conflict of interest provisions apply to any person who is an
19 employee, agent, consultant, officer, or elected official or appointed official of COUNTY or
20 SUBRECIPIENT, or any designated public agencies which are receiving funds under the CDBG
21 Entitlement program.
22 F. Copyright
23 If this CONTRACT results in any copyrightable material, COUNTY and /or grantor
24 agency reserves the right to royalty -free, non - exclusive, and irrevocable license to reproduce,
25 publish or otherwise use and to authorize others to use, the work (i.e., photographs and the
26 like) for government purposes.
27 G. Religious Organization
28 SUBRECIPIENT agrees that funds provided under this CONTRACT will not be
29 utilized for religious activities, to promote religious interest, or for the benefit of a religious
30 organization in accordance with the federal regulations specified in 24 CFR 570.200(j).
31 However, in accordance with HUD Notice CPD 04 -10, issued September 29, 2004,
32' SUBRECIPIENT shall provide and promote equal treatment to all faith -based organizations in
33 administering its federal HUD activities.
34 H. Anti - Lobbying
35 • SUBRECIPIENT certifies that:
36 1. No Federal appropriated funds will be paid, by or on behalf of it, to any
37 person for influencing or attempting to influence an officer or employee of any agency, a
38 Member of Congress, an officer or employee of congress, or. an employee of a Member of
39 Congress in connection with the awarding of any Federal Contract, the making of any Federal
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5 grant, the making of any Federal loan, the entering into of any Cooperative Agreement, and
6 the extension, continuation, renewal, amendment, or modification of any Federal Contract,
7 grant, loan, or Cooperative Agreement;
8 2. SUBRECIPIENT will complete and submit Standard Form -LLL "Disclosure
9 of Lobbying Activities," if any funds other than Federal appropriated funds have been paid, in
10 accordance with its instructions; and,
11 3. SUBRECIPIENT shall include subject anti - lobbying certification in award
12 documents for all sub- subrecipients at all tiers (including sub- subcontracts, sub - subgrants,
13 and Contracts under grants, loans, and Cooperative Agreements) and that all sub -
14 subrecipients shall certify and disclose accordingly.
15 XII. ENVIRONMENTAL CONDITIONS
16 A. SUBRECIPIENT shall comply with HUD Environmental Review under HUD
17 regulations at 24 CFR 58, which implement the National Environmental Policy Act (NEPA);
18 and, the California Environmental Quality Act (CEQA). No costs shall be incurred and no
19 funds shall be disbursed prior to certification by COUNTY and /or HUD of environmental
20 compliance.
21 B. SUBRECIPIENT shall. incur no costs for any project - related activity defined in
22 SUBRECIPIENT SCOPE OF SERVICES and COUNTY shall not disburse funds prior to
23 certification by COUNTY and /or HUD for environmental compliance.
24 C. . SUBRECIPIENT shall provide requested materials to COUNTY for the
25 Environmental Review process required by applicable regulations.
26 D. Air and Water
27 SUBRECIPIENT agrees to comply with the following regulations insofar as they
28 apply to the performance of this CONTRACT:
29 1. Clean Air Act, 42 U.S.C., 1857, et seq.
30 2. Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, et
31 seq.
32 3. Environmental Protection Agency (EPA) regulations pursuant to 40 CFR
33 50 and 58, as amended.
34 E. Flood Disaster Protection
35 SUBRECIPIENT agrees to comply with the requirements of the Flood Disaster Protection Act of
36 1973, including as applicable any regulations set forth in 24 CFR 55 (implementing Executive
37 Order 11988), in regard to the sale, lease or other transfer of land acquired, cleared, or
38 improved under the terms of this CONTRACT, as it may apply to the provisions of this
39 CONTRACT.
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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 b 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
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6 IN WITNESS WHEREOF, SUBRECIPIENT has caused this CONTRACT to be executed by
7 its Director of Development Services and its Senior Planner; COUNTY has caused this
8 CONTRACT to be executed by the DIRECTOR of the Housing and Community Services
9 Department; all having been duly authorized by the City Council of SUBRECIPIENT and the
10 Orange County Board of Supervisors, respectively.
11
12 SUBRECIPIENT*:
13 •
14 City of Seal Beach,
15 a municipal corporation
16 in the State of California
17
18 By: J / 1 ! �� / By: t
19 N: P. Lee Whittenberg Name: Christy -ague
20 Title: Director of Development Services Title: Senior Planner , •
21 Date: v�L 3 U Date: . 1 Z-'OS
22 ,J
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 subdivision of the State of California
35 �`�'►
36 By: `iCr:;.. --"
37 DI'TOR,
38 Housing and Community
39 Services Department
40 •
41 Date: `(� 2-''
42
43 //////////////////////////////////////////!//////////////////////////// /l1// /H/M / //////1/1l1/ll///llll
44
45 COUNTY COUNSEL, . •
46 APPROVAL AS TO FORM:
47
48 Date: April 14, 2005
49
50 ///
51
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1 Scope of Services
2 CDBG Contract No. KCO5046
IDIS No. 1608
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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
11 and The City of Seal Beach, SUBRECIPIENT, dated FS — \ 2- OS"
12 It is incorporated into that Contract as though fully set forth therein:
13
14 TITLE OF PROJECT: Sewer line relining /curb, gutter and sidewalk replacement and
15 rodeway
16 SUBRECIPIENT: City of Seal Beach
17 ACTIVITY: Public Facilities and Improvements; 570.201 (c)
18 MATRIX CODE: 03K Street Improvements
19
20 I. SCOPE OF SERVICES
21 A. Activities
22 SUBRECIPIENT will be responsible for administering a Year 2005 -06
23 Community Development Block Grant project described as follows in a manner
24 satisfactory to the COUNTY and consistent with any standards required as a condition
25 of providing these funds:
26 Project Description
27 Funds will be used to complete public improvements to repair and replace
28 existing curb and gutters, sidewalks and roadway on the 100 block of 13 Street and
29 the repair of 645 linear feet of 6 -inch sewer line under alley between 12 and 13
30 Streets. The repairs will include the repaving of existing areas.
31
32
33
34
35
36
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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
8 accomplishment:
9 Scope of Work
to Use of Funds Level of Accomplishment
11 No. 1: Construction Cost 506 People
12
13 C. National Objective
14 The subject activities are consistent in complying with the following
15 national objective as set forth in 570.208 (a) (1)
16 Direct Benefit - Low and Moderate Income: Low Mod. Area
17
18 D. Program Impact (outcomes): describe to what extent this activity delivered
19 the desired outcomes in the community or in the lives of the persons assisted:
20
21 Preservation of existing low- income neighborhood.
22 II. BUDGET
23 A. This contract is in an amount not to exceed $ 175,000.00 (One Hundred
24 Seventy -Five Thousand Dollars and 00/100).
25 B Project Funding Budget
26 1. The subject proposal will be financed under this contract as
27 follows:
28 Construction Cost $ 175,000.00
29
30 Total $ 175,000.00
31 2. Funds shall be used for the following items:
32 Costs relating to the completion of public improvements to replace existing curb and
33 gutters, sidewalks and roadway on the 100 block of 13 Street and the replacement
34 of 645 linear feet of 6 -inch sewer line under alley between 12 and 13 Streets from
35 Electric Avenue to Ocean Avenue. The repairs will include the repaving of existing
36 areas.
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i r
.� • I • • •
1
• 2 Scope of Services
3 CDBG Contract No. KCO5046
4 IDIS No. 1608
5
6 3. Line items identified in Section II.B.1. above are to be considered
7 as estimates. Compensation for costs incurred during the life of this contract may
8 be reallocated between said line items. Upon written request by SUBRECIPIENT and
9 written approval by the DIRECTOR, compensation may be reallocated to address any
10 costs incurred for previously unbudgeted uses eligible under the applicable State and
11 Federal regulations, particularly the Federal regulations at CFR 24 Part 570.201 (c).
12
13 III. SUBRECIPIENT CONTACT
14 City of Seal Beach
15 211 Eight Street
16 Seal Beach, CA 90740
17 Attention: Christy Teague
18 Phone: (562) 431-2527
19 Fax: (562) 431 -4067
20
21 As the duly authorized representative of the SUBRECIPIENT, I certify that the above
22 information is true and accurate, and, that the source of documentation is available
23 for review by both the County of Orange /Housing and Community Development
24 Department and the United States Department of Housing and Urban Development.
25
26 By: Ale, ����,��LlL " Date:
27 Na Lee Whittenberg
28 Title: Director of Development. Services
29
30 By: Date: AVT, 1l 2I'
31 Name: Christy Teague
32 Title: Senior Planner
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pyw
s
Exhibit to Contract No. KCO5046
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. KCO5046
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 ///
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�v
1 Exhibit to Contract No. KCO5046
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, Social
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
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G>a
1
1 Exhibit to Contract No. KCO5046
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. KCO5046
17
18
19 2) the Contract for Sewer line relining /curb gutter and sidewalk replacement
20 and roadway with the County of Orange. I understand that failure to comply shall
21 constitute a material breach of the contract and that failure to cure such breach
22 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: ';Air
26 / Authorized Signature
27 Name: Lee Whittenberg
28 Title: Director of Development Services
29
30
31
32 By: �
33 Authorize Signatu
34 Name: Christy Teague
35 Title: Senior Planner
36
37 /
38 ///
39 /
40 ///
41 OC Certification 5 -21 -98
• -CS4 W