HomeMy WebLinkAboutAGMT - Orange County (CDBG Assisted Activities - KC07733) • Contract No. KC07733
IDIS No.: 1733
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
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: $200,000.00
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
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2 IDIS No. 1733
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6 COUNTY OF ORANGE
7 HOUSING AND COMMUNITY SERVICES DEPARTMENT
8 COMMUNITY DEVELOPMENT BLOCK GRANT - PARTICIPATING CITY
9 (Program Year 2007 -08)
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11 TITLE OF PROJECT: City of Seal Beach - Leisure World ADA Housing Rehabilitation Program s
12 570.202(a)(1) 14A Rehab: Single Unit Residential
13
14 This agreement, hereinafter referred to as "CONTRACT ", is entered into on
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 1, 2005, 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
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5 WHEREAS, HUD, in accordance with 24 CFR Part 570 Subpart 0, 570.902, will annually
6 review the performance of COUNTY to determine whether COUNTY has carried out it's
7 Community Development Block Grant (CDBG) assisted activities in a timely manner and has
8 significantly disbursed CDBG funds and met the mandated "1.5 ratio" threshold; and
9 WHEREAS, COUNTY approved an allocation of $200,000.00 (Two Hundred Thousand
10 Dollars and 00 Cents) in project funding to SUBRECIPIENT for the Fiscal Year 2007 -08; and
11 WHEREAS, HUD has accepted and certified the ANNUAL ACTION PLAN.
12 WHEREAS, COUNTY engages SUBRECIPIENT to assist COUNTY in utilizing aforesaid
13 funds.
14 NOW, THEREFORE, the parties enter into the following:
15 I. CONTRACT FORM
16 This CONTRACT consists of:
17 A. The following provisions;
18 B. All applicable Federal Regulations, including 24 CFR 570;
19 C. Applicable State and COUNTY laws and regulations; and,
20 D. The attached SUBRECIPIENT SCOPE OF SERVICES, which is incorporated as if
21 fully set forth herein; and,
22 E. The attached CHILD SUPPORT PROVISIONS, which are incorporated as if fully
23 set forth herein.
24 II. DEFINITIONS
25 For the purposes of this CONTRACT the following definitions shall apply:
26 A. HUD: United States Department of Housing and Urban Development.
27 B. HOUSING AND COMMUNITY SERVICES DEPARTMENT (HCS): COUNTY
28 department designated as the Lead Agency for the development and implementation of
29 County of Orange Urban County Program's Consolidated Plan.
30 C. DIRECTOR: DIRECTOR of the Orange County Housing and Community
31 Services Department, or designee.
32 D. EQUIPMENT: Tangible, non - expendable, personal property having a useful life
33 of more than one year and an acquisition cost of $5,000 or more per unit.
34 E. PROGRAM INCOME: The gross income received by SUBRECIPIENT directly
35 generated from the use of the subject program funds.
36 F. CONSTRUCTION BID PACKAGE: A package of bidding documents which includes
37 the proposal, bidding instructions, CONTRACT documents, detailed estimated costs, and plans
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4 and specifications for a construction project, all prepared in accordance with applicable
5 Federal regulations.
6
7 G. GRANTEE PERFORMANCE REPORT (GPR) INFORMATION FORM: A PROJECT
8 activity data document provided by COUNTY to SUBRECIPIENT used to monitor and track the
9 performance of SUBRECIPIENT.
10 H. HOUSING AND COMMUNITY SERVICES (HCS) POLICY ON DOCUMENTING
11 SUBRECIPIENT COSTS: A COUNTY document setting policies regarding types of
12 documentation required to support the costs incurred and paid (including but not limited to
13 copies of paid invoices, certified payroll registers, bank statements, etc.).
14 I. PROJECT: Any site or sites, including buildings, and /or activities assisted with
15 federal program funds.
16 J. PROGRAM ADMINISTRATION: An activity relating to the general management,
17 oversight and coordination of community development programs. Costs directly related to
18 carrying out eligible activities are not included.
19 K. OMB: Federal Office of Management and Budget.
20 L. CAPER: Consolidated Annual Performance and Evaluation Report. An annual
21 published report to HUD and the public on all housing - related activities.
22 M. CDBG: Community Development Block Grant funds.
23 O. SUBSTANTIAL AMENDMENT: The County will consider a change in project
24 scope as a "substantial amendment" under the following circumstances:
25 1. County or subrecipient decides not to carry out an activity previously
26 described in the Annual Action Plan;
27 2. County or subrecipient carries out an activity not previously described in the
28 Annual Action Plan;
29 3. County or subrecipient changes the purpose, scope, location or beneficiaries
30 of an activity;
31 4. County or subrecipient changes the use of CDBG funds from one eligible
32 activity to another;
33 5. County or subrecipient changes 25% or more in one program activity.
34 III. CONDITIONS OF FUNDING
35 A. County advises SUBRECIPIENT that a significant change in entitlement funding
36 may result in a change in the current process utilized by COUNTY to determine funding
37 allocations. SUBRECIPIENT acknowledges that the obligation of the COUNTY is contingent
38 upon the availability of Federal, State or local Government funds, which are appropriated or
39 allocated for the payment of such an obligation. If funding levels are significantly affected by
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4 Federal budgeting or if funds are not allocated and available for the continuance of the
5 function performed by SUBRECIPIENT, the CONTRACT may be terminated by the COUNTY at
6 the end of the period for which funds are available. The COUNTY shall notify SUBRECIPIENT
7 at the earliest possible time of any service, which will or may be affected by the shortage of
8 funds. No penalty shall accrue to the COUNTY in the event this provision is exercised and the
9 COUNTY shall not be obligated nor liable for any damages as a result of termination under
10 this provision of this CONTRACT and nothing herein shall be constructed as obligating the
11 COUNTY to expend or as involving the COUNTY in any contract or other obligation for the
12 future payment of money in excess of appropriations authorized by law.
13 B. Eligible costs related to services provided by SUBRECIPIENT must be incurred
14 during the period beginning July 1, 2007. The PROJECT shall be completed and all funds
15 provided through this CONTRACT shall be expended on eligible PROJECT activities prior to
16 June 30, 2008. The term of this CONTRACT may be extended upon mutual agreement of the
17 parties in writing in accordance with Section IV.D. below. COUNTY will reclaim any unused
18 balance of funds for reallocation to other COUNTY approved projects if such extension does
19 not occur.
20 C. SUBRECIPIENT may be eligible to request additional funding up to the maximum
21 set forth in the applicable FY 2007 -08 Annual Action Plan if SUBRECIPIENT meets or exceeds
22 any one of the Required Expenditure Thresholds at 50 %, 70% or 80% on or prior to the
23 milestone date established herein in Section V.E.3.
24 D. If additional funding is available for allocation to SUBRECIPIENT, SUBRECIPIENT
25 and COUNTY shall first amend the Subrecipient Scope of Services component of this
26 CONTRACT. Furthermore, SUBRECIPIENT shall demonstrate, to the satisfaction of DIRECTOR,
27 that the Expenditure and Performance Thresholds set forth herein Section V.E. 3. and Section
28 VII.B., as amended, will continue to be met before such extension and additional allocation
29 shall be granted.
30 IV. AMENDMENTS
31 A. COUNTY, through its DIRECTOR without further action by the COUNTY's Board
32 of Supervisors (hereinafter referred to as "BOARD ") and SUBRECIPIENT may by mutual
33 agreement amend and /or extend this CONTRACT and /or incorporated Subrecipient Scope of
34 Services, at any time, up to 45 (forty -five) days prior to CONTRACT expiration, provided that
35 the proposed action is not a SUBSTANTIAL AMENDMENT as defined herein and by the "FY
36 2007 -2008 Funding Allocation Policy and Process & Citizen Participation Plan ", any such
37 amendment makes specific reference to this CONTRACT, is executed in writing, and signed by
38 a duly authorized representative of the SUBRECIPIENT's organization. SUBRECIPIENT's
39 written request to amend must include a revised budget for funds being extended, if that
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4 budget is different in scope from the originally agreed upon SUBRECIPIENT SCOPE OF
5 SERVICES. SUBRECIPIENT must also comply with the original thresholds and milestones
6 outlined in Section VII.B. herein. Such amendment shall not invalidate this CONTRACT, nor
7 relieve or release COUNTY or SUBRECIPIENT from their respective obligations under this
8 CONTRACT. Any proposed amendment to this CONTRACT shall be submitted to DIRECTOR,
9 and approved by DIRECTOR in writing prior to commencement of any activity covered by said
10 amendment.
11 B. SUBRECIPIENT agrees that COUNTY may, at its sole discretion, amend this
12 CONTRACT to conform with federal, state or local governmental guidelines, policies, and
13 available funding amounts.
14 C. If any amendment results in a change in the funding amount, SUBRECIPIENT
15 SCOPE OF SERVICES, threshold and milestone dates or schedule of activities to be
16 undertaken as part of this CONTRACT, such modifications will be incorporated only by written
17 amendment executed by DIRECTOR and SUBRECIPIENT.
18 D. CONTRACT Extension
19 1. The term of this CONTRACT and the provisions herein may be extended
20 to cover an additional time period as specified herein.
21 2. The date for PROJECT completion and expenditure of all funds may be
22 extended by the DIRECTOR without further action by the BOARD for a period not to exceed
23 six (6) months from June 30, 2008. All extension approvals must be in writing and signed by
24 the DIRECTOR. In the event of such extension, the deadline for submittal of invoices shall be
25 forty -five (45) days after the new expiration date.
26 3. CONTRACT extension provisions are not applicable to PROGRAM
27 ADMINISTRATION activities.
28 V. PAYMENTS
29 A. Funds from COUNTY to SUBRECIPIENT shall be disbursed subsequent to
30 availability of funds from HUD to COUNTY.
31 B. Funds shall not be disbursed for any costs incurred prior to the certification by
32 COUNTY and /or HUD of Certificate(s) of Insurance and environmental compliance, as further
33 defined in Section VI and Section XII of this CONTRACT. Additionally, when applicable, no
34 funds shall be disbursed prior to submittal of certified payroll documentation to COUNTY with
35 each invoice package /request for payment, as further defined in Section XI.
36 C. CONTRACT Amount
37 It is expressly agreed and understood that the total amount to be paid by
38 COUNTY under this CONTRACT shall not exceed $200,000.00. Reimbursement for the
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4 payment of eligible project expenses shall be made in accordance with the budget specified in
5 Section II. of SUBRECIPIENT SCOPE OF SERVICES.
6 D. Readiness
7 SUBRECIPIENT shall be required to demonstrate to COUNTY its readiness to
8 immediately initiate its PROJECT upon execution of this CONTRACT by providing to the
9 COUNTY documentation including, but not limited to, the following: Board or Council
10 Minutes /Resolution; Awarded bid documents with timeline requirements; and, executed
11 Architects and Engineers (hereinafter referred to as "A &E ") contract with specific project
12 timelines consistent with funding. By September 30, 2007 SUBRECIPIENT shall provide
13 COUNTY a Project Readiness Checklist incorporating the status of all PROJECT - phasing
14 milestones. In the case of milestones not yet reached, SUBRECIPIENT shall provide projected
15 target dates for when said milestones will be met. The Project Readiness Checklist shall
16 clearly demonstrate that SUBRECIPIENT will meet the "Required Expenditure Thresholds"
17 established herein Section V. E. 3. SUBRECIPIENT acknowledges that said Project Readiness
18 Checklist may be considered to evaluate the performance of the SUBRECIPIENT.
19 E. Payment of Project Activities
20 1. COUNTY will reimburse SUBRECIPIENT for eligible project - related costs
21 only. SUBRECIPIENT shall submit requests for reimbursement to COUNTY on a quarterly
22 basis beginning on July 1, 2007, and must provide adequate documentation as required by
23 COUNTY in accordance with the COUNTY's Housing and Community Services Department,
24 (hereinafter referred to as "HCS ") Policy for Documenting Subrecipient Costs. In addition,
25 SUBRECIPIENT will provide a progress performance report (i.e. Grantee Performance Report
26 hereinafter referred to as "GPR" Information Form) for the time period covered, as prescribed
27 by COUNTY. Failure to provide any of the required documentation and reporting will cause
28 COUNTY to withhold all or a portion of a request for reimbursement, or return the entire
29 reimbursement package to SUBRECIPIENT, until such documentation and reporting has been
30 received and approved by COUNTY.
31 2. If SUBRECIPIENT has no request for reimbursement during any quarter
32 during the term of this CONTRACT, a GPR, including an explanation as to why no invoices
33 were being processed, shall be required in lieu of a request for reimbursement.
34 3. The following "Required Expenditure Threshold" criteria has been
35 established to guide the SUBRECIPIENT in structuring and scheduling their expenditure of
36 funds received through this CONTRACT. The criteria thresholds are consistent with the
37 criteria used by HCS to determine performance including, but not limited to, determinations of
38 future award of funds, additional funding requests and /or determinations for the recapture of
39 funding.
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5 Minimum Required
6 Milestone Date Expenditure Threshold
7 December 31, 2007 50% of Contracted Amount Expended
8 January 31, 2008 70% of Contracted Amount Expended
9 March 31, 2008 80% of Contracted Amount Expended
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11 4. SUBRECIPIENT will have forty -five (45) days following the expiration of
12 the CONTRACT to submit outstanding invoices for reimbursement of eligible costs incurred
13 during the CONTRACT period. After the forty -five (45) day period for submitting invoices has
14 expired, COUNTY shall reallocate the remaining balance under this CONTRACT for other
15 program purposes and SUBRECIPIENT shall be ineligible for any further reimbursement.
16 F. Program Income
17 1. SUBRECIPIENT shall comply with regulations set forth in 24 CFR
18 570.504, as well as all applicable State or COUNTY regulations concerning the reporting and
19 payment procedures for program income.
20 2. All Program Income accrued shall be returned to COUNTY or drawn down
21 prior to SUBRECIPIENT receiving any reimbursement from grant funds provided under this
22 CONTRACT. SUBRECIPIENT agrees to execute the appropriate COUNTY standardized
23 CONTRACT when returning and using program income funds.
24 3. SUBRECIPIENT shall provide information of the receipt of PROGRAM
25 INCOME by SUBRECIPIENT related to PROJECT on all GPR INFORMATION FORMS submitted
26 with requests for reimbursement.
27 4. SUBRECIPIENT shall complete and submit a Year -End Program Income
28 Worksheet, including any reimbursement remittance necessitated therein, by July 15,
29 following the fiscal year in which this CONTRACT is in force.
30 VI. GENERAL ADMINISTRATION
31 A. SUBRECIPIENT shall provide the oversight, administration, and project
32 management necessary to accomplish all contracted activities in a timely manner.
33 SUBRECIPIENT also agrees to comply with all applicable federal, state, and local laws and
34 regulations governing the funds provided under this CONTRACT.
35 B. Independent Contractor
36 Nothing contained in this CONTRACT is intended to, or shall be construed in any
37 manner, as creating or establishing the relationship of employer /employee between the
38 parties. SUBRECIPIENT and its subcontractors shall at all times remain independent
39 contractors with respect to the services to be performed under this CONTRACT. COUNTY shall
40 be exempt from payment of any Unemployment Compensation, FICA, retirement, life and /or
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5 medical insurance and Workers' Compensation Insurance as SUBRECIPIENT and its
6 subcontractors are independent contractors.
7 C. Hold Harmless
8 SUBRECIPIENT shall hold harmless, defend with counsel approved in writing by
9 COUNTY and indemnify COUNTY, its elected and appointed officials, officers, employees,
10 agents and those special districts and agencies which COUNTY's Board of Supervisors acts as
11 the governing board ( "COUNTY IMDEMNITEES ") from any and all claims, actions, suits,
12 charges and judgments whatsoever including but not limited to personal injury or property
13 damage that arise out of SUBRECIPIENT's and /or its subcontractor's use of funds,
14 performance or nonperformance of the project and /or scope of work called for in this
15 CONTRACT.
16 D. Assignability
17 SUBRECIPIENT shall not assign or transfer any interest in this CONTRACT
18 without the prior written consent of COUNTY.
19 E. Subcontracts
20 1. SUBRECIPIENT shall submit all subcontract agreements to COUNTY for
21 review and consent prior to entering into such subcontracts. For construction subcontracts,
22 SUBRECIPIENT shall submit the Construction Bid Package to COUNTY for review and written
23 approval by DIRECTOR prior to advertising for bids and award for the construction contract.
24 SUBRECIPIENT shall construct project in accordance with the Construction Bid Package, which
25 DIRECTOR approved, unless prior written approval is received from DIRECTOR for
26 modification thereof.
27 2. SUBRECIPIENT shall assume responsibility for all subcontracted services
28 to assure CONTRACT compliance.
29 3. SUBRECIPIENT shall cause this CONTRACT, in its entirety, to be included
30 in and made a part of any subcontract executed in the performance of this CONTRACT.
31 4. SUBRECIPIENT shall monitor all subcontracted services on a quarterly
32 basis to assure CONTRACT compliance. Results of said monitoring efforts shall be
33 summarized in written form, and supported with documented evidence of follow -up action(s)
34 to correct any area(s) of CONTRACT non - compliance. Documentation shall be made available
35 for periodic monitoring by representatives of COUNTY and /or HUD.
36 F. Relocation
37 SUBRECIPIENT shall, in all matters relating to the project:
38 1. Take all reasonable steps to minimize displacement by providing tenants
39 reasonable opportunity to lease and occupy dwelling units in the project being improved; and,
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4 2. When applicable, submit to COUNTY a Plan outlining financial and
5 advisory assistance in securing temporary housing for any eligible tenant who is temporarily
6 or permanently relocated due to the project.
7 3. Comply with the Uniform Relocation Assistance and Real Property
8 Acquisition Policies Act of 1970, as amended by the Uniform Relocation Act /URA, 49 CFR Part
9 24 and 24 CFR 570.606 for persons displaced by the project; and,
10 4. Have in effect and follow a residential anti - displacement and relocation
11 plan required under section 104(d) of the Housing and Community Development Act of 1974,
12 as amended, in conjunction with any activity assisted with funding under the subject
13 program.
14 G. Fair Housing
15 SUBRECIPIENT shall affirmatively further fair housing in accordance with 24
16 CFR 570.904.
17 H. Insurance
18 No costs shall be incurred and no funds shall be disbursed prior to written
19 certification of approval by COUNTY of insurance fulfillment.
20 1. SUBRECIPIENT, at its own expense, agrees to deposit with COUNTY prior
21 to the execution and provision of services under this CONTRACT, Certificates of Insurance,
22 including all endorsements required herein, necessary to satisfy COUNTY that the insurance
23 provisions of this CONTRACT have been complied with, and to keep such insurance and the
24 certificates therefore on deposit with COUNTY during the entire term of this CONTRACT. In
25 addition, all contractors and subcontractors performing work on behalf of SUBRECIPIENT
26 pursuant to this CONTRACT shall be covered under SUBRECIPIENT's insurance or shall obtain
27 insurance subject to the same terms and conditions as set forth herein for SUBRECIPIENT.
28 SUBRECIPIENT shall require that any contractor or subcontractor working for SUBRECIPIENT
29 have the insurance required by this section and not allow contractors or subcontractors to
30 work if the contractors or subcontractors have less than the level of coverage required by the
31 COUNTY under this CONTRACT. SUBRECIPIENT shall provide notice of the insurance
32 requirements to every contractor or subcontractor, and to receive proof of insurance prior to
33 allowing any contractor or subcontractor to begin work. Such proof of insurance must be
34 maintained by SUBRECIPIENT through the entirety of this CONTRACT for inspection by
35 COUNTY representative at any reasonable time. All insurance policies required by this
36 CONTRACT shall declare any deductible or self- insured retention (SIR) in an amount in excess
37 of $25,000 ($5,000 for automobile liability) which shall specifically be approved by COUNTY
38 Executive Office /Office of Risk Management. SUBRECIPIENT shall be responsible for
39 reimbursement of any deductible to the insurer.
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5 2. SUBRECIPIENT shall maintain insurance acceptable to COUNTY in full
6 force and effect throughout the term of this CONTRACT. If SUBRECIPIENT fails to maintain
7 insurance acceptable to COUNTY for the full term of this CONTRACT, COUNTY may terminate
8 this CONTRACT.
9 3. The policy or policies of insurance must be issued by an insurer licensed
10 to do business in the State of California (California Admitted Carrier).
11 4. Minimum insurance company ratings as determined by the most current
12 edition of the Best's Key Rating Guide /Property - Casualty /United States or ambest.com
13 shall be A- (Secure Best's Rating) and VIII (Financial Size Category). SUBRECIPIENT will file
14 with COUNTY, prior to the commencement of performance of services under this CONTRACT,
15 an original Certificate of Insurance and all required endorsements evidencing that coverage
16 required by this CONTRACT is in effect.
17 5. If the carrier is a non - admitted carrier in the State of California, COUNTY
18 Executive Office /Office of Risk Management retains the right to approve or reject carrier after
19 a review of the company's performance and financial ratings.
20 6. The policy or policies of insurance maintained by SUBRECIPIENT shall
21 provide the minimum limits and coverage as set forth herein below:
22 Coverage Minimum Limits
23 Commercial General Liability to $1,000,000 combined single limit
24 include a Broad Form Property per occurrence
25 Damage Endorsement, including the
26 Peril of Fire, and Contractual Liability $2,000,000 Aggregate
27 Automobile Liability including all $1,000,000 combined single limit
28 owned non -owned and hired vehicles per occurrence
29 Workers' Compensation Statutory
30 Sexual Misconduct $1,000,000 per occurrence
31 Employer's Liability $1,000,000 per occurrence
32 7. Each insurance policy required by this CONTRACT shall be endorsed to
33 contain the following provisions:
34 a. This insurance shall not be changed, cancelled, limited in scope of
35 coverage or non - renewed until after 30 days written notice has been given to COUNTY of
36 Orange /HCS (Endorsement must be attached to Certificate of Insurance). If a 30 -day notice
37 of cancellation endorsement is not received, the cancellation clause must include language as
38 follows, which edits the pre - printed ACORD certificate:
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5 Should any of the above described policies be cancelled before the expiration date thereof,
6 the issuing company will mail 30 days written notice to the certificate holder named as:
7 County Of Orange /Housing and Community Services Department.
8 b. All rights of subrogation are hereby waived against COUNTY, it's
9 elective and appointed officials, officers and employees when acting within the scope of their
10 employment or appointment, and COUNTY and their Board or Commissions, which are
11 governed by COUNTY Board of Supervisors. (Endorsement must be attached to Certificate of
12 Insurance).
13 c. As respects operations of the named insured performed on behalf
14 of COUNTY, COUNTY is added as an additional insured except for Workers'
15 Compensation /Employers' Liability. (Endorsement must be attached to Certificate of
16 Insurance).
17 d. SUBRECIPIENT is aware of the provisions of Section 3700 of the
18 California Labor Code which requires every employer to be insured against liability for
19 Worker's Compensation or be self- insured in accordance with the provisions of that code. The
20 SUBRECIPIENT will comply with such provisions and shall furnish the COUNTY satisfactory
21 evidence of such compliance for the period of this contract, statutory Worker's Compensation
22 Insurance and Employer's Liability Insurance with minimum limits of $1,000,000 per
23 occurrences.
24 e. It is agreed that any insurance maintained by COUNTY will apply
25 in excess of, and not contribute with, insurance provided by this policy. (Endorsement must
26 be attached to Certificate of Insurance for the General Liability policy).
27 f. Commercial General Liability policy shall contain a severability of
28 interests clause.
29 8. Insurance information shall be submitted to:
30 County Of Orange
31 Housing and Community Services Department
32 Attention: Community Development Services
33 1770 North Broadway
34 Santa Ana, CA 92706 -2642
35 9. Upon written advice of COUNTY's Risk Manager, any of the above
36 insurance types may be increased or waived due to current insurance marketplace conditions.
37 In addition, COUNTY Risk Manager retains the right to require additional insurance coverage
38 as may be deemed appropriate to adequately protect COUNTY. COUNTY's requirements shall
39 be reasonable and shall be designed to assure protection from and against the kind and
40 extent of risks, which exist at the time a change in insurance is required.
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5 10. COUNTY shall notify SUBRECIPIENT in writing of changes in the
6 insurance requirements. If SUBRECIPIENT does not deposit copies of acceptable certificates
7 of insurance and endorsements with COUNTY incorporating such changes within thirty (30)
8 days of receipt of such notice, this CONTRACT may be in default without further notice to
9 SUBRECIPIENT, and COUNTY shall be entitled to all legal remedies.
10 The procuring of such required policy or policies of insurance shall not be
11 construed to limit SUBRECIPIENT's liability hereunder or to fulfill the indemnification
12 provisions and requirements of this CONTRACT.
13 I. Grantor Recognition
14 SUBRECIPIENT shall insure recognition of the role of the COUNTY in providing
15 services through this CONTRACT. All activities, facilities and items utilized pursuant to this
16 CONTRACT shall be prominently labeled as to funding source. In addition, SUBRECIPIENT will
17 include a reference to the support provided herein in all publications made possible with funds
18 made available under this CONTRACT. SUBRECIPIENT will retain documentation of such
19 recognition, which shall be available for periodic monitoring by representatives of COUNTY or
20 HUD.
21 J. Records to be Maintained
22 SUBRECIPIENT shall maintain all records required by the Federal regulations
23 specified in 24 CFR 570.503(b)(2), 570.506, 570.507 and 570.508 that are pertinent to the
24 activities to be funded under this CONTRACT. Such records shall include, but not be limited
25 to:
26 1. Records providing a full description of each activity undertaken;
27 2. Records demonstrating that each activity undertaken meet one of the
28 National Objectives of the CDBG program;
29 3. Records required to determine the eligibility of activities;
30 4. Records required to document the acquisition, improvement, use, or
31 disposition of real property acquired or improved with CDBG assistance;
32 5. Records documenting compliance with the fair housing and equal
33 opportunity components of the CDBG program;
34 6. Financial records as required by 24 CFR 570.502, and OMB Circular A-
35 87; and
36 7. Other records necessary to document compliance with Subpart K of 24
37 CFR 570.
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4 K. Retention
5 SUBRECIPIENT shall retain all records pertinent to expenditures incurred under
6 this CONTRACT for a period of five (5) years after the termination of all activities funded
7 under this CONTRACT, or after the resolution of all Federal audit findings, whichever occurs
8 later. Records for non - expendable property acquired with funds under this CONTRACT shall
9 be retained for five (5) years after final disposition of such property. Records for any
10 displaced person must be kept for five (5) years after s /he has received final payment.
11 L. Client Data
12 1. SUBRECIPIENT shall maintain client data demonstrating client eligibility
13 for services provided for a period of five (5) years after the termination of all activities funded
14 under this CONTRACT, or after the resolution of all Federal audit findings, whichever occurs
15 later. Such data shall be consistent and include, but not be limited to, client name, address,
16 verifiable income level (as documented by income tax returns, employee payroll records,
17 retirement statements, etc. or other third party documentation acceptable to COUNTY, for
18 determining eligibility), and description of service provided. Such information shall be made
19 available to HUD representatives, COUNTY monitors, or their designees, for review upon
20 request.
21 2. SUBRECIPIENT shall develop and implement procedures to ensure the
22 confidentiality of records pertaining to any individual provided family violence prevention or
23 treatment services under any project assisted under the subject program, including protection
24 against the release of the address or location of any family violence shelter project, except
25 with the written authorization of the person responsible for the operation of the shelter.
26 M. Property Records
27 SUBRECIPIENT shall maintain real property inventory records, which clearly
28 identify properties purchased, improved, or sold. Properties retained shall continue to meet
29 eligibility criteria, rental limitations, health, safety and building codes, etc., and shall conform
30 with the "changes in use" restrictions specified in 24 CFR 570.505.
31 N. Close -Out
32 SUBRECIPIENT's obligation to COUNTY shall not end until all close -out
33 requirements are completed. Activities during this close -out period shall be completed in
34 accordance with 24 CFR 570.509 and shall include, but are not limited to: making final
35 payments; submitting final invoice(s), report(s), in accordance with the requirements of
36 paragraph V.E.4 above, and documentation; disposing of program assets (including the return
37 to COUNTY of all unused materials and equipment); remitting any program income balances
38 and receivable accounts to COUNTY, and determining the custodianship of records.
39 ///
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4 0. Equipment
5 SUBRECIPIENT shall use, manage and dispose of equipment in accordance with
6 24 CFR 85.32 and 24 CFR 570.502.
7 VII. PERFORMANCE
8 A. SUBRECIPIENT shall comply with all applicable HUD regulations, as described in
9 Section XI of this CONTRACT, concerning administrative requirements and maintain records
10 as to services provided and total number of persons served through the project, including but
11 not limited to, population- served analysis (i.e. extremely -low income persons, very -low
12 income persons, and low- income persons as defined by HUD). Such information shall be
13 available for periodic monitoring by representatives of COUNTY or HUD and shall be submitted
14 by SUBRECIPIENT in report form to COUNTY by dates specified by COUNTY.
15 B. The following "Performance Threshold" criteria shall be used to assess the level
16 of performance of the SUBRECIPIENT. Furthermore, the criteria will be considered by HCS
17 when determining future funding. In order to be considered in compliance with the following
18 performance criteria, the SUBRECIPIENT must, on or before the required milestone date,
19 submit to HCS a request for reimbursement which demonstrates that SUBRECIPIENT has
20 expended funds and met their proposed accomplishment goals at the required levels, unless
21 exempted in writing by the DIRECTOR.
22 Minimum
23 Performance Expenditure and
24 Milestone Date Accomplishment Thresholds
25 October 31, 2007 30% of Contracted Amount Expended and
26 30% of Proposed Accomplishments Met
27 December 31, 2007 50% of Contracted Amount Expended and
28 50% of Proposed Accomplishments Met
29 January 31, 2008 70% of Contracted Amount Expended and
30 70% of Proposed Accomplishments Met
31 March 31, 2008 80% of Contracted Amount Expended and
32 80% of Proposed Accomplishments Met
33 Failure to achieve at least the aforementioned 50% draw down, without written
34 exemption approved by the DIRECTOR, may cause any remaining balance in this CONTRACT
35 to be reclaimed by COUNTY, and will negatively affect future funding to SUBRECIPIENT.
36 Failure to achieve the aforementioned 80% draw down goal, without written
37 exemption approved by the DIRECTOR, may cause any remaining balance in this CONTRACT
38 to be reclaimed by COUNTY, and will impact future funding to SUBRECIPIENT.
39 C. SUBRECIPIENT shall complete and submit a Year End GPR Information Form by
40 July 15, following the fiscal year in which this CONTRACT is in force.
41
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4 D. Should the activity being funded through this CONTRACT be completed,
5 cancelled or terminated prior to the termination date set forth herein in Section I1I. B.,
6 SUBRECIPIENT shall complete and submit a Mid -Year End GPR at the time of the completion,
7 cancellation or termination. Said GPR Information Form shall consist of a cumulative reporting
8 of project - related expenditures and accomplishments relative to the attached SUBRECIPIENT
9 SCOPE OF SERVICES. If activity funded through this CONTRACT is completed, or if funds
10 allocated through this CONTRACT are fully expended, prior to end of CONTRACT term,
11 SUBRECIPIENT must continue to serve it's clients for the entire term of this CONTRACT.
12 E. SUBRECIPIENT shall complete and submit a GPR in support of all requests for
13 reimbursement. Said GPR shall consist of a cumulative report of project - related
14 accomplishments relative to attached SUBRECIPIENT SCOPE OF SERVICES for the subject
15 quarter. If at any time during the term of this CONTRACT SUBRECIPIENT has no activity
16 occur during any quarter, SUBRECIPIENT shall prepare and submit to COUNTY a Quarterly
17 GPR, regardless of actual activity.
18 F. SUBRECIPIENT acknowledges that the GPR Form is a monitoring tool that will
19 be reviewed and evaluated to determine SUBRECIPIENT's level of performance relative to this
20 CONTRACT.
21 G. SUBRECIPIENT shall submit all requested data necessary to complete the
22 Consolidated Annual Performance and Evaluation Report (CAPER), and monitor program
23 accountability and progress in accordance with HUD requirements, in the format and at the
24 time designated by COUNTY.
25 VIII. PERFORMANCE MONITORING
26 A. Performance monitoring of SUBRECIPIENT by COUNTY and /or HUD shall consist
27 of requested and /or required written reporting, as well as onsite monitoring by COUNTY or
28 HUD representatives.
29 B. COUNTY shall periodically evaluate SUBRECIPIENT's progress in complying with
30 the terms of this CONTRACT. SUBRECIPIENT shall cooperate fully during such monitoring.
31 COUNTY shall report the findings of each monitoring to SUBRECIPIENT.
32 C. COUNTY shall monitor the performance of SUBRECIPIENT against the goals,
33 outcomes, milestones and performance standards required herein. Substandard performance,
34 as determined by COUNTY, will constitute non - compliance with this CONTRACT for which
35 COUNTY may immediately terminate the CONTRACT. If action to correct such substandard
36 performance is not taken by SUBRECIPIENT within the time period specified by COUNTY,
37 payment(s) will be denied in accordance with the provisions contained in Section V of this
38 CONTRACT.
39 ///
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4 IX. MODIFICATIONS /TRANSFERS OF REAL PROPERTY
5 A. Any proposed modification or change in use of real property acquired or
6 improved, in whole or in part, by CDBG funds from the use planned at the time of the
7 acquisition or improvement, including disposition, is expressly prohibited.
8 B. SUBRECIPIENT shall ensure that any real property under SUBRECIPIENT's
9 control that was acquired or improved in whole or in part with CDBG funds in excess of
10 $25,000 is either:
11 1. Used to meet one of the national objectives contained in 24 CFR
12 570.208 for a period not less than five years, or for such period of time as determined to be
13 appropriate by COUNTY, after expiration of the CONTRACT and close -out of SUBRECIPIENT's
14 participation in the CDBG Program, or, until five years after the close -out of the grant from
15 which the assistance to the property was provided, whichever occurs first; or,
16 2. Disposed of in a manner that results in COUNTY being reimbursed in an
17 amount equal to the current fair market value of the property less any portion of the value
18 attributable to expenditures of non -CDBG funds for acquisition of, or improvement to, the
19 property. Such reimbursement is not required after the period of time specified in accordance
20 with IX. B. 1. above.
21 X. AUDITS
22 If SUBRECIPIENT expends Federal funds in a fiscal year which equal or exceed
23 $500,000 (five hundred thousand dollars and no cents) as specified in OMB Circular A -133-
24 Revised, SUBRECIPIENT shall cause an audit at SUBRECIPIENT's expense to be prepared by a
25 Certified Public Accountant (CPA) who is a member in good standing with the American
26 Institute of Certified Public Accountants (AICPA) of the California Society of CPA's. The audit
27 must be performed annually in accordance with Generally Accepted Auditing Standards
28 (GAAS) authorized by the AICPA and Federal laws and regulations governing the programs in
29 which it participates. Furthermore, COUNTY retains the authority to require SUBRECIPIENT to
30 submit similarly prepared audit at SUBRECIPIENT's expense even in instances when
31 SUBRECIPIENT's expenditure is less than $500,000. SUBRECIPIENT will be required to
32 identify corrective action taken in response to any findings identified by CPA related to their
33 funded activity or program.
34 SUBRECIPIENT shall submit two (2) copies of such audit report, including a copy of the
35 management letter, to COUNTY within six (6) months of the end of each CONTRACT year in
36 which SUBRECIPIENT has received federal funding (i.e. July 1 - June 30). Failure to meet
37 this requirement may result in COUNTY denying reimbursement of funds to SUBRECIPIENT,
38 as well as future funding qualification. SUBRECIPIENTS, which are exempt from statutory
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4 audit requirements, shall maintain records, which are available for review by COUNTY or
5 Federal officials. SUBRECIPIENT acknowledges that any and all "Financial Statements"
6 submitted to COUNTY pursuant to this COUNTY become Public Records and are subject to
7 public inspection pursuant to Sec.6250 et seq. of the California Government Code.
8 XI. FEDERAL ADMINISTRATIVE REQUIREMENTS
9 A. Financial Management
10 1. Accounting Standards
11 SUBRECIPIENT agrees to comply with Office of Management and Budget
12 (herein referred to as "OMB ") Circular A -87 and agrees to adhere to the accounting principles
13 and procedures required therein, utilize adequate internal controls, and maintain necessary
14 source documentation for all costs incurred.
15 2. Cost Principles
16 SUBRECIPIENT shall administer its program in conformance with OMB
17 Circulars A -122, "Cost Principles for Non - Profit Organizations," or A -21, "Cost Principles for
18 Educational Institutions," (and if SUBRECIPIENT is a governmental or quasi - governmental
19 agency, the applicable sections of 24 CFR 85, "Uniform Administrative Requirements for
20 Grants and Cooperative Contracts to State and Local Governments, ") as applicable. These
21 principles shall be applied for all costs incurred whether charged on a direct or indirect basis.
22 B. Civil Rights
23 1. Compliance
24 SUBRECIPIENT agrees to comply with Title VI of the Civil Rights Act of
25 1964, as amended, Title VIII of the Civil Rights Act of 1968, as amended, Section 109 of the
26 Title I of the Housing and Community Development Act of 1974, Section 504 of the
27 Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination
28 Act of 1975, Executive Order 11063, and with Executive Order 11246, as amended by
29 Executive Orders 11375 and 12086.
30 2. Nondiscrimination
31 SUBRECIPIENT shall not discriminate against any employee or applicant
32 for employment because of race, color, creed, religion, ancestry, national origin, sex,
33 disability or other handicap, age, marital status, or status with regard to public assistance.
34 SUBRECIPIENT will take affirmative action to insure that all employment practices are free
35 from hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, and
36 termination discrimination. Such employment practices include but are not limited to the
37 following: rates of pay or other forms of compensation, and selection for training, including
38 apprenticeship. SUBRECIPIENT agrees to post in conspicuous places, available to employees
39 ///
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4 and applicants for employment, notices to be provided by the COUNTY setting forth the
5 provisions of this nondiscrimination clause.
6 3. Rehabilitation Act
7 SUBRECIPIENT agrees to comply with any federal regulations issued
8 pursuant to compliance with Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 706)
9 which prohibits discrimination against the handicapped in any federally assisted program.
10 COUNTY shall provide SUBRECIPIENT with any guidelines necessary for compliance with that
11 portion of the regulations in force during the term of this CONTRACT.
12 C. Drug-Free Workplace
13 SUBRECIPIENT shall continue to provide a drug free workplace by:
14 1. Publishing a statement notifying employees that the unlawful
15 manufacture, distribution, dispensing, possession, or use of a controlled substance is
16 prohibited in the SUBRECIPIENT's workplace and specifying the actions that will be taken
17 against employees for violation of such prohibition;
18 2. Establishing an ongoing drug -free awareness program to inform
19 employees about:
20 a. The dangers of drug abuse in the workplace;
21 b. The SUBRECIPIENT's policy of maintaining a drug -free workplace;
22 c. Any available drug counseling, rehabilitation, and employee
23 assistance programs;
24 d. The penalties that may be imposed upon employees for drug
25 abuse violations occurring in the workplace;
26 3. Making it a requirement that each employee engaged in the
27 performance of the grant be given a copy of the statement required by paragraph C.1;
28 4. Notifying the employee in the statement required by paragraph C.1.
29 that, as a condition of employment under the grant, the employee will:
30 a. Abide by the terms of the statement;
31 b. Notify the employer in writing of his or her conviction for a
32 violation of a criminal drug statute occurring in the workplace, no later than five (5) calendar
33 days after such conviction;
34 5. Notifying COUNTY in writing, within ten (10) calendar days after
35 receiving such notice as stated under paragraph C.4 (b) from an employee or otherwise
36 receiving actual notice of such conviction. Employers of convicted employees must provide
37 notice, including position title, to every grant officer or other designee on whose grant activity
38 ///
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4 the convicted employee was working, unless COUNTY has designated a central point for the
5 receipt of such notices. Notice shall include the identification number(s) of each affected
6 grant; and,
7 6. Taking one of the following actions, within thirty (30) calendar days of
8 receiving notice, as stated under paragraph C.4 (b), with respect to any employee who is so
9 convicted:
10 a. Taking appropriate personnel action against such an employee,
11 up to and including termination, consistent with the requirements of the Rehabilitation Act of
12 1973, as amended; or,
13 b. Requiring such employee to participate satisfactorily in a drug
14 abuse assistance or rehabilitation program for such purposes by Federal, State, or local
15 health, law enforcement, or other appropriate agency.
16 D. Affirmative Action
17 SUBRECIPIENT agrees that it shall be committed to carry out an Affirmative
18 Action Program that encompasses the principles provided in President's Executive Order
19 11246, as revised on January 4, 2002.
20 E. Americans with Disabilities Act
21 SUBRECIPIENT agrees to comply with any federal regulations issued pursuant
22 to compliance with the Americans with Disabilities Act which prohibits discrimination and
23 ensures equal opportunity for persons with disabilities in employment, State and local
24 government services and public accommodations.
25 F. Employment Restrictions
26 1. Prohibited Activity
27 SUBRECIPIENT is prohibited from using funds provided herein, or
28 personnel employed in the administration of the program, for: political activities, sectarian or
29 religious activities, lobbying, political patronage, and nepotism activities.
30 2. OSHA
31 Where employees are engaged in activities not covered under the
32 Occupational Safety and Health Act of 1970, they shall not be required or permitted to work,
33 be trained, or receive services in buildings or surroundings or under working conditions, which
34 are unsanitary, hazardous or dangerous to the participants' health or safety.
35 3. Labor Standards
36 a. SUBRECIPIENT agrees to contact COUNTY no less than fourteen
37 (14) days prior to bid opening date to seek consultation regarding application of requirements
38 per federal labor standards regulations or Davis -Bacon related Acts.
39 ///
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4 b. As this CONTRACT is funded in whole or part by Federal funds,
5 SUBRECIPIENT will comply with Federal Labor Standards, as referred to in this CONTRACT. If
6 the Federal Davis -Bacon determinations differ from the State Prevailing Wage requirement,
7 SUBRECIPIENT will not pay less than the higher of the two rates.
8 c. SUBRECIPIENT will comply with Davis -Bacon and /or State
9 Prevailing Wage requirements, when applicable.
10 d. As applicable to the subject activity and project, SUBRECIPIENT
11 agrees to comply with the requirements of the Secretary of Labor in accordance with the
12 Davis -Bacon Act as amended, the provisions of Contract Work Hours and Safety Standards
13 Act, the Copeland "Anti- Kickback" Act (40 U.S.C. 276, 327 -333), and all other applicable
14 federal, state and local laws and regulations pertaining to labor standards insofar as those
15 acts apply to the performance of this CONTRACT. If applicable, SUBRECIPIENT shall maintain
16 documentation, which demonstrates compliance with hour and wage requirements of this
17 part. Such documentation shall be made available to COUNTY for review upon request.
18 e. SUBRECIPIENT agrees that, except with respect to the
19 rehabilitation or construction of residential property designed for residential use for less than
20 eight (8) units, all contractors engaged under contracts in excess of $2,000.00 for
21 construction, renovation or repair of any building or work financed in whole or in part with
22 assistance provided under this CONTRACT, shall comply with federal requirements pertaining
23 to such Contracts and with the applicable requirements of the regulations of the Department
24 of Labor, under 29 CFR, Parts 3, 1, 5, 7 and 1926 governing the payment of wages and ratio
25 of apprentices and trainees to journeymen; provided, that if wage rates higher than those
26 required under the regulations are imposed by state or local law, nothing hereunder is
27 intended to relieve SUBRECIPIENT of its obligation, if any, to require payment of the higher
28 rate. SUBRECIPIENT shall cause or require to be inserted in full, in all such Contracts subject
29 to such regulations, provisions meeting the requirements of this paragraph.
30 f. In cases where Davis -Bacon applies, SUBRECIPIENT agrees to
31 submit the Construction Bid Package for this project to DIRECTOR for review and written
32 approval prior to advertising for bids and award of the construction Contract. SUBRECIPIENT
33 shall construct project in accordance with the Construction Bid Package, which DIRECTOR
34 approved, unless prior written approval is received from DIRECTOR for modification there
35 from.
36 ///
37 / 1 /
38 1 //
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4 4. California Labor Code Compliance
5 a. If Prevailing Wage laws apply, SUBRECIPIENT hereby agrees to
6 pay, or cause its subcontractors to pay, Prevailing Wage rates at all times for all construction,
7 improvements, or modifications to be completed for COUNTY under this CONTRACT.
8 SUBRECIPIENT herein agrees that SUBRECIPIENT shall post, or cause to be posted, a copy of
9 the most current, applicable Prevailing Wage rates at the site where the construction,
10 improvements, or modifications are performed.
11 b. Payroll Records
12 SUBRECIPIENT agrees that:
13 Certified copies of all payroll records for this project shall be
14 required pursuant to the provisions of California Labor Code Section 1776. The reporting
15 format and words of certification shall be as indicated in Title 8 California Code of Regulations
16 Section 16401.
17 Certified copies of payroll records of all subcontractors working
18 on this project are required. It shall be the responsibility of the prime contractor to ensure
19 subcontractor compliance.
20 Certified copies of all payroll records shall be submitted on a
21 weekly basis to COUNTY through the duration of this CONTRACT.
22 SUBRECIPIENT acknowledges that failure to comply with Section
23 1776 may result in a forfeiture of twenty -five dollars ($25) for each calendar day, or portion
24 thereof, for each worker, until strict compliance is effectuated, and it should be recognized
25 that a contractor or subcontractor, or agent or representative thereof who neglects to comply
26 is guilty of a misdemeanor pursuant to Labor Code Section 1777.
27 5. Economic Opportunities
28 a. Compliance
29 This Contract is subject to the requirements of Section 3 of the
30 Housing and Urban Development Act of 1968 (12 USC 1701u) as amended, the HUD
31 regulations issued pursuant thereto at 14 CFR, Part 135, and any applicable rules and orders
32 of HUD issued thereunder prior to the execution of this contract. If applicable, compliance
33 with the aforementioned provisions of "Section 3 ", shall be a condition of the federal financial
34 assistance provided under this CONTRACT. Failure to fulfill these requirements shall subject
35 SUBRECIPIENT and any sub - subrecipients, their successors and assigns, to those sanctions
36 specified by the contract through which federal assistance is provided. SUBRECIPIENT
37 certifies and agrees that no contractual or other disability exists which would prevent
38 compliance with requirements.
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4 The Contractor agrees to abide by the Section 3 clause, as set forth in 24 CFR,
5 135.20(b), below and will also cause this Section 3 clause to be inserted in any subcontracts
6 executed with third parties for work covered by this Contract.
7 "The work to be performed under this contract is subject to the requirements of
8 Section 3 of the Housing and Urban Development Act of 1968, as amended, 12
9 U.S.C. 1701u (sections). The purpose of section 3 is to ensure that employment
10 and other economic opportunities generated by HUD assistance or HUD - assisted
11 project covered by Section 3, shall, to the greatest extent feasible, be directed to
12 low- and very low- income persons, particularly persons who are recipients of HUD
13 assistance for housing.
14 The parties to this contract agree to comply with HUD's regulations in 24 CFR part
15 135, which implement Section 3. As evidenced by their execution of this contract,
16 the parties to this contract certify that they are under no contractual or other
17 impediment that would prevent them from complying with the part 135
18 regulations.
19 The contractor agrees to send to each labor organization or representative of
20 workers with which the contractor has a collective bargaining agreement or other
21 understanding if any, a notice advising the labor organization or workers'
22 representative of the contractor's commitments under this section 3 clause, and
23 will post copies of the notice in conspicuous places at the work site where both
24 employees and applicants for training and employment positions can see the
25 notice. The notice shall describe the section 3 preference, shall set forth minimum
26 number and job titles subject to hire, availability of apprenticeship and training
27 positions, the qualifications for each; and the name and location of the person(s)
28 taking applications for each of the positions; and the anticipated date the work
29 shall begin.
30 The contractor agrees to include this section 3 clause in every subcontract subject
31 to compliance with regulations in 24 CFR part 135, and agrees to take appropriate
32 action, as provided in an applicable provision of the subcontract or in this section
33 3 clause, upon a finding that the subcontractor is in violation of the regulations in
34 24 CFR part 135. The contractor will not subcontract with any subcontractor
35 where the contractor has notice or knowledge that the subcontractor has been
36 found in violation of the regulations in 24 CFR part 135.
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3 The contractor will certify that any vacant employment positions, including
4 training positions, that are filled (1) after the contractor is selected but before the
5 contract is executed, and (2) with persons other than those to whom the
6 regulations of 24 CFR part 135 require employment opportunities to be directed,
7 were not filled to circumvent the contractor's obligations under 24 CFR part 135.
8 Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions,
9 termination of this contract for default, and debarment or suspension from future
10 HUD assisted contracts.
11 With respect to work performed in connection with section 3 covered Indian
12 housing assistance, section 7(b) of the Indian Self - Determination and Education
13 Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under
14 this contract. Section 7(b) requires that to the greatest extend feasible (1)
15 preference and opportunities for training and employment shall be given to
16 Indians, and (ii) preference in the award of contracts and subcontracts shall be
17 given to Indian organizations and Indian -owned Economic Enterprises. Parties to
18 this contract that are subject to the provisions of section 3 and section 7(b) agree
19 to comply with section 3 to the maximum extent feasible, but not in derogation of
20 compliance with section 7(b)."
21 6. Hatch Act
22 SUBRECIPIENT agrees that no funds provided, nor personnel employed
23 under this CONTRACT, shall be in any way or to any extent engaged in the conduct of political
24 activities in violation of the Hatch Act, 5 U.S.C. Section 1501 et seq.
25 7. Conflict of Interest
26 SUBRECIPIENT agrees to abide by the provisions of 24 CFR 570.611,
27 OMB Circulars 102 and 110, as applicable, with respect to conflicts of interest, and covenants
28 that it presently has no financial interest and shall not acquire any financial interest, direct or
29 indirect, which would conflict in any manner or degree with the performance of services
30 required under this CONTRACT. SUBRECIPIENT further covenants that in the performance of
31 this CONTRACT no person having such a financial interest shall be employed or retained by
32 SUBRECIPIENT hereunder. These conflict of interest provisions apply to any person who is an
33 employee, agent, consultant, officer, or elected official or appointed official of COUNTY or
34 SUBRECIPIENT, or any designated public agencies which are receiving funds under the CDBG
35 Entitlement program.
36 ///
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3 G. Copyright
4 If this CONTRACT results in any copyrightable material, COUNTY and /or grantor
5 agency reserves the right to royalty -free, non - exclusive, and irrevocable license to reproduce,
6 publish or otherwise use and to authorize others to use, the work (i.e., photographs and the
7 like) for government purposes.
8 H. Religious Organization
9 SUBRECIPIENT agrees that funds provided under this CONTRACT will not be
10 utilized for religious activities, to promote religious interest, or for the benefit of a religious
11 organization in accordance with the federal regulations. However, in accordance with HUD
12 Notice CPD 04 -10, issued September 29, 2004, SUBRECIPIENT shall provide and promote
13 equal treatment to all faith -based organizations in administering its federal HUD activities.
14 I. Anti - Lobbying
15 SUBRECIPIENT certifies that:
16 1. No Federal appropriated funds will be paid, by or on behalf of it, to any
17 person for influencing or attempting to influence an officer or employee of any agency, a
18 Member of Congress, an officer or employee of congress, or an employee of a Member of
19 Congress in connection with the awarding of any Federal Contract, the making of any Federal
20 grant, the making of any Federal loan, the entering into of any Cooperative Agreement, and
21 the extension, continuation, renewal, amendment, or modification of any Federal Contract,
22 grant, loan, or Cooperative Agreement;
23 2. SUBRECIPIENT will complete and submit Standard Form -LLL "Disclosure
24 of Lobbying Activities," if any funds other than Federal appropriated funds have been paid, in
25 accordance with its instructions; and,
26 3. SUBRECIPIENT shall include subject anti - lobbying certification in award
27 documents for all sub - subrecipients at all tiers (including sub - subcontracts, sub - subgrants,
28 and Contracts under grants, loans, and Cooperative Agreements) and that all sub -
29 subrecipients shall certify and disclose accordingly.
30 XII. ENVIRONMENTAL CONDITIONS
31 A. SUBRECIPIENT shall comply with HUD Environmental Review under HUD
32 regulations at 24 CFR 58, which implement the National Environmental Policy Act (NEPA);
33 and, the California Environmental Quality Act (CEQA). No costs shall be incurred and no
34 funds shall be disbursed prior to certification by COUNTY and /or HUD of environmental
35 compliance.
36 B. SUBRECIPIENT shall incur no costs for any project - related activity defined in
37 SUBRECIPIENT SCOPE OF SERVICES and COUNTY shall not disburse funds prior to
38 certification by COUNTY and /or HUD for environmental compliance.
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4 C. SUBRECIPIENT shall provide requested materials to COUNTY for the
5 Environmental Review process required by applicable regulations.
6 D. Air and Water
7 SUBRECIPIENT agrees to comply with the following regulations insofar as they
8 apply to the performance of this CONTRACT:
9 1. Clean Air Act, 42 U.S.C., 1857, et seq.
10 2. Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, et
11 seq.
12 3. Environmental Protection Agency (EPA) regulations pursuant to 40 CFR
13 50 and 58, as amended.
14 E. Flood Disaster Protection
15 SUBRECIPIENT agrees to comply with the requirements of the Flood Disaster Protection Act of
16 1973, including as applicable any regulations set forth in 24 CFR 55 (implementing Executive
17 Order 11988), in regard to the sale, lease or other transfer of land acquired, cleared, or
18 improved under the terms of this CONTRACT, as it may apply to the provisions of this
19 CONTRACT.
20 F. Lead -Based Paint
21 SUBRECIPIENT agrees that any construction or rehabilitation of residential
22 structures with assistance provided under this CONTRACT shall be subject to HUD Lead -Based
23 Paint Regulations at 24 CFR 570.608, and 24 CFR 35, and in particular Sub -Part B thereof.
24 Such regulations pertain to all HUD - assisted housing and require that all owners, prospective
25 owners, and tenants or properties constructed prior to 1978 be properly notified with the
26 "Protect Your Family From Lead In Your Home" (http: / /www.epa.gov /lead) that such
27 properties may include lead -based paint.
28 G. Historic Preservation
29 SUBRECIPIENT agrees to comply with the Historic Preservation requirements
30 set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and
31 the procedures set forth in 36 CFR 800, Protection of Historic Properties, insofar as they apply
32 to the performance of this CONTRACT.
33 In general, this requires concurrence from the State Historic Preservation
34 Officer for all rehabilitation and demolition of historic properties that are fifty years old or
35 older or that are included on a Federal, State, or local historic property list.
36 ///
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2 Contract No. KC07733
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4 H. Energy Efficiency Standards
5 SUBRECIPIENT agrees to comply with the California Energy Commission
6 Assembly Bill 970, Title 24, Part I of the California Code of Regulations (AB970: Building
7 Efficiency Energy Standards), in regard to construction and property development, when
8 applicable.
9 XIII. NOTICES
10 Any communication with COUNTY and SUBRECIPIENT concerning this CONTRACT shall
11 be directed as follows:
12 COUNTY:
13 County of Orange
14 Housing and Community Services Department
15 1770 North Broadway
16 Santa Ana, California 92706 -2642
17 Attention: Chief, Contract Administration Section
18
19 SUBRECIPIENT:
20 City of Seal Beach
21 211 Eighth Street
22 Seal Beach, CA 90740
23 Attention: Lee Whittenberg
24
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4
5 IN WITNESS WHEREOF, CITY has caused this CONTRACT to be executed by its Mayor
6 and its City Manager; COUNTY has caused this CONTRACT to be executed by the DIRECTOR
7 of the Housing and Community Services Department; all having been duly authorized by the
8 City Council of SUBRECIPIENT and the Orange County Board of Supervisors, respectively.
9
10 SUBRECIPIENT*:
11
12 City of Seal Beach,
13 a municipal corporation,
14 in the State of California
15
16 By: jet f Lt) a-t. L--4 f or B
17 Name: John Larson Name: Dave Carmany
18 Title: Mayor Title: City Manager
19 Date: September 24 , 2007 Date: September 24 , 2007
20
21 *For Contractors /Vendors that are a corporation. Signature requirements are as follows:
22 1) One signature by the Chairman of the Board, the President or any Vice President,
23 And
24 2) One signature by the Secretary, any Assistant Secretary, the Chief Financial Officer
25 or an Assistant Treasurer.
26 For Contractors /Vendors that are not a corporation, the person who has authority to bind
27 the Contractor /Vendor to a CONTRACT must sign on one of the lines above.
28
29 COUNTY OF ORANGE, a political
30 subdivision of the State of California
31,
32 By: ` =�
33 : RECTO',
34 Housing and Community
35 Services Department
36
37 Date: /Gil r? 7
38
39
40
41 COUNTY COUNSEL,
42 APPROVAL AS TO FORM:
43
44 Date: April 10, 2007
45 ///
46 ///
47 ///
48 ///
49 ///
50 ///
51 ///
52 ///
-27-
1 • Scope of Services
2 CDBG Contract No.KC07733
3 IDIS No. 1733
4
5 COMMUNITY DEVELOPMENT BLOCK GRANT
6 SUBRECIPIENT SCOPE OF SERVICES
7 (Program Year 2007-08)
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 . It is
12 incorporated into that Contract as though fully set forth therein:
13 TITLE OF PROJECT: Leisure World ADA Housing Rehabilitation
14 SUBRECIPIENT: City of Seal Beach
15 ACTIVITY: 570.202(a)(1)
16 MATRIX CODE: 14A.: Single Unit Residential Rehabilitation
17
18 I. SCOPE OF SERVICES
19 A. Activities
20 SUBRECIPIENT will be responsible for administering a Year 2007-08
21 Community Development Block Grant project described as follows in a manner
22 satisfactory to the COUNTY and consistent with any standards required as a condition
23 of providing these funds:
24 Project Description
25 Funds will be used for rehabilitation for a minimum of 30 senior housing units
26 to provide seniors with greater accessibility inside their homes.
27 / / /
28 / / /
29 / / /
30 / / /
31 / / /
32 / / /
33 / / /
34 / / /
35 / / /
36 / / /
37 / / /
38 / / /
- Al -
1 •
• • Scope of Services
2 CDBG Contract No. KC07733
3 IDIS No. 1733
4
5 B. In addition to the normal administrative services required as part of this
6 Contract, the SUBRECIPIENT agrees to meet the following level(s) of
7 accomplishment:
8 Scope of Work
9 Use of Funds Level of Accomplishment
10 No. 1: Housing Rehabilitation 30 Housing Units
11 C. National Objective
12 The subject activities are consistent in complying with the following
13 national objective as set forth in 570.208 (a)(3).
14 Direct Benefit - Low and Moderate Income: Low Mod Housing
15 D. Program Impact (outcomes):
16 1. Decent Housing
17 2. Affordability
18 II. BUDGET
19 A. This contract is in an amount not to exceed $200,000.00 (Two Hundred
20 Thousand Dollars and 00 Cents).
21 B. Project Funding Budget
22 1. The subject proposal will be financed under this contract as
23 follows:
24 Housing Rehabilitation $200,000.00
25 Total $200,000.00
26 / / /
27 / / /
28 / / /
29 / / /
30 / / /
31 / / /
32 / / /
33 / / /
34 / / /
35 / / /
- A2 -
1 • • Scope of Services
2 CDBG Contract No. KC07733
3 IDIS No. 1733
4
5 2. Funds shall be used for the following items:
6 All costs relating to construction, labor and materials in the rehabilitation of senior
7 housing units.
8 3. Line items identified in Section II.B.1. above are to be considered
9 as estimates. Compensation for costs incurred during the life of this contract may
10 be reallocated between said line items. Upon written request by SUBRECIPIENT and
11 written approval by the DIRECTOR, compensation may be reallocated to address any
12 costs incurred for previously unbudgeted uses eligible under the applicable State and
13 Federal regulations, particularly the Federal regulations at CFR 24 Part 570.202
14 (9)(1).
15
16 III. SUBRECIPIENT CONTACT
17 City of Seal Beach
18 211 Eighth Street
19 Seal Beach, CA 90740
20 Attention: Lee Whittenberg
21 Phone: (562) 431-2527 Ext. 313
22 Fax: (562) 430-8763
23 / / /
24 / / /
25 / / /
26 / / /
27 / / /
28 / / /
29 / / /
30 / / /
31 / / /
32 / / /
33 / / /
- A3 -
e '
• •
1 Exhibit to Contract No. KC07733
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 County Board
9 of Supervisors and are hereby incorporated into Contract No. KC07733, at the direction of the
10 Director, Housing and Community Services Department.
11
12
13 PROVISIONS
14
15 Child Support Enforcement Requirements
16 1. In order to comply with child support enforcement requirements of the
17 County of Orange, within 30 days of award of contract, contractor agrees to furnish to the
18 contract administrator:
19 a. In the case of an individual contractor, his/her name, date of
20 birth, Social Security number, and residence address;
21 b. In the case of a contractor doing business in form other than as
22 an individual, the name, date of birth, Social Security number, and residence address of each
23 individual who owns an interest of 10 percent or more in the contracting entity;
24 c. A certification that the contractor has fully complied with all
25 applicable federal and state reporting requirements regarding its employees; and
26 d. A certification that the contractor has fully complied with all
27 lawfully served Wage and Earnings Assignment Orders and Notices of Assignment and will
28 continue to so comply.
29
30 / / /
31
32 / / /
33
34 / / /
35
36 / / /
37
38 / / /
39
- CS1 -
1 Exhibit to Contract No. KC07733
2 2. The certification will be stated as follows:
3 "I certify that the City of Seal Beach is in full compliance with all applicable federal
4 and state reporting requirements its employees and with all lawfully served Wage and
5 Earnings Assignment Orders and Notices of Assignment and will continue to be in
6 compliance throughout the term of Contract No. KC07733, with the County of Orange.
7 I understand that failure to comply shall constitute a material breach of the contract
8 and that failure to cure such breach within 60 calendar days of notice from the County
9 shall constitute grounds for termination of the contract without cost to the County."
10 It is expressly understood that this data will be transmitted to
11 government agencies charged with the establishment and enforcement of child support orders
12 and for no other purposes.
13 Failure of the contractor to timely submit the data and/or certifications
14 required above or to comply with all federal and state reporting requirements for child support
15 enforcement or to comply with all lawfully served Wage and Earnings Assignment Orders and
16 Notices of Assignment shall constitute a material breach of the contract. Failure to cure such
17 breach within 60 calendar days of notice from the County shall constitute grounds for
18 termination of the contract.
19 / / /
20 / / /
21 / / /
22 / / /
23 / / /
24 / / /
25 / / /
26 / / /
27 / / /
28 / / /
29
-CS2-
• •
1 Exhibit to Contract No. KC07733
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 Security
7 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 individual, the
16 name, date of birth, Social Security number, and residence address of each individual
17 who owns an interest of 10 percent or more in the contracting entity:
18
19 Name:
20 D.O.B.:
21 Social Security No:
22 Residence Address:
23
24
25 Name:
26 D.O.B.:
27 Social Security No:
28 Residence Address:
29
30
31 Name:
32 D.O.B.:
33 Social Security No:
34 Residence Address:
35
36
37 OC Form 5-21-98
38
-CS3-
• •
1 Exhibit to Contract No. KC07733
2
3 CERTIFICATION OF COMPLIANCE
4
5
6
7
8
9 "I certify that is in full compliance with
10 (Contractors Name)
11 all applicable federal and state reporting requirements regarding its employees and
12 with all lawfully served "Wage and Earnings Assignments Orders" and "Notices of
13 Assignments" and will continue to be in compliance throughout the term of:
14
15 1) Contract No. KC07733; or,
16
17 2) the Contract for the City of Seal Beach, Leisure World ADA Housing Rehabilitation,
18 with the County of Orange. I understand that failure to comply shall constitute a material
19 breach of the contract and that failure to cure such breach within 60 calendar days of notice
20 from the County shall constitute grounds for termination of the contract without cost to the
21 County."
22
23 By: l > 14. 1v,
24 Authorized Signature
25 Name: John Larson
26 Title: Mayor
27
28
29 J��
30 By: G/��
31 Authorized Sign ture
32 Name: Dave Carmany
33 Title: City Manager
34 / / /
35
36 / / /
37
38 / / /
39
40 / / /
41
42 / / /
43
44 / / /
45
46 / / /
47
48 / / /
49 OC Certification 5-21-98
-CS4-