HomeMy WebLinkAboutAGMT - Orange County (CDBG Assisted Activities - KC08797) O R A N C E • u N T v • Steve Franks
c Director Community Resources OC Community Resources.
Our Community. Our Commitment. Ryan Drabek rabek
OC Animal Care
Karen Roper
Director
OC Community Services
Mark Denny
Director
OC Parks
Helen Fried
County Librarian
OC Public Libraries
Date: June 16, 2009
Subject: Amendment No. 1 for Contract No. KC08797
Greetings,
This is to verify that an original copy of the Amendment No. 1 for contract No. KC08797, Leisure
World Housing Program has been received by:
Name: LZ fl 6Ji//r�L /3t 3
4717G ' Zi •
• Signature: /.1� /����/=
Please sign and return to:
Reza Zargham
Orange County Community Services •
1770 N. Broadway
Santa Ana, CA 92706
C:ty of Soa. ..,,......,
JUN 1 9 2009 i
c5 C Community Services
1770 N. Broadway, Santa Ana CA. 92706 • Phone(714)480-2900 Fax(714)480-2803
1 • •
2 Contract No. KC08797
3 IDIS No. 1797
4
5
6 AMENDMENT NO. 1
7 TO CONTRACT NO. KC08797 WITH CITY OF SEAL BEACH
8 COUNTY OF ORANGE/0C COMMUNITY RESOURCES
9 (CDBG PROGRAM)
10
11 TITLE OF PROJECT: City of Seal Beach - Leisure World ADA Housing Rehab Program
12 570.202 (a)(1), 14A-REHAB; SINGLE-UNIT RESIDENTIAL
13
14 AMENDMENT NO. 1 TO CONTRACT executed 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
22 Urban County under the Federal Housing
23 and Community Development Act of 1974
24 (Public Law 93-383), as amended,
25 hereinafter referred to as "COUNTY".
26
27 RECITALS
28 This Amendment No. 1 is made with reference to the following facts:
29 WHEREAS, the parties hereto on May 13, 2008 entered into the above referenced
30 Contract for $200,000.00 for a program; and,
31 WHEREAS, the SUBRECIPIENT has submitted to COUNTY a request to amend and/or
32 extend Contract No. KC08797 and, pursuant to Section V, the parties are permitted to extend
33 and/or amend (including, but not limited to, reprogramming of funds, change of scope of
34 services and/or eligible costs items, name change) subject contract; and,
35 WHEREAS, pursuant to Section V of the above referenced contract, the parties desire
36 'to amend Contract No. KC08797 to permit:
37 ❑ the reprogramming of $ from Contract No.
38 to Contract No. •
39 ❑ the amending of the Scope of Services to capture eligible activities and
40 reimbursable costs;
41 ❑ the extension of contract term;
42 ❑ the increase of funding through reprogramming of available, uncommitted
43 program income and/or recaptured funds;
44 ❑ the decrease of funding through reprogramming of available, uncommitted
45 program income and/or recaptured funds;
46 ® project name change from.
47
y
• 1 • •
2 Contract No. KC08797
3 IDIS No. 1797
4
5 NOW THEREFORE. IT IS AGREED BY THE PARTIES HERETO, that the Contract
6 No. KC08797 is hereby amended as follows:
7
8 A. Contract Changes:
9 1. Delete the following:
10 Page 1, line 8
11 "TITLE OF PROJECT: City of Seal Beach - Leisure World ADA Housing Rehab
12 program"
13 2. The following shall be substituted in place of the above:
14 Pagel, line 8
15 "TITLE OF PROJECT: City of Seal Beach - Leisure World Housing Rehabilitation
16 Program"
17 B. Contract Changes - Scope of Services:
18 1. Delete the following:
19 Page A2, line 12
20 1. "TITLE OF PROJECT: Leisure World ADA Housing Rehab Program"
7_1 2. The following shall be substituted in place of the above:
22 Page A2, line 12
23 No. 1: "TITLE OF PROJECT: Leisure World Housing Rehabilitation Program"
24
25 EXCEPT AS AMENDED HEREIN, the remainder of Contract No. KC08797 shall remain in
26 full force and effect.
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• •
1
2 Contract No. KC08797
3 IDIS No. 1797
4
5 IN WITNESS WHEREOF, SUBRECIPIENT has caused this Amendment No. 1 to be
6 executed by its Mayor and attested by its City Manager; COUNTY has caused this Amendment
7 ! No. 1 to be executed by the Director of OC Community Resources, all having been duly
8 authorized by the City Council of SUBRECIPIENT and the Orange County Board of
9 Supervisors, respectively.
10
11 SUBRECIPIENT*:
12 City of Seal Beach,
13 a municipal corporation,
14 in the State of California
15
16 ** / /
17 By: Aran. By: 40'4
18 Name: Gordon Shanks Name: David Carma y
19 Title: Mayor Title: City Manager
20 Date: 69" 5-"Di Date: 6 -1 to,
21
22 *For Contractors/Vendors that are a corporation. Signature requirements are as follows:
23 1) One signature by the Chairman of the Board, the President or any Vice President,
24 And
25 2) One signature by the Secretary, any Assistant Secretary, the Chief Financial Officer
26 or an Assistant Treasurer.
27 For Contractors/Vendors that are not a corporation, the person who has authority to bind the
28 Contractor/Vendor to a CONTRACT must sign on one of the lines above.
29
30 COUNTY OF ORANGE, a political subdivision
31 in the Stat of California.
33 � SI
33 By: / } � 2 Z., A
34 Director, OC Community Resources
35 ( - jZ -o9
36 Date:
37
38 COUNTY COUNSEL,
39 APPROVAL AS TO FORM:
40 April 29, 2008
41
- 3 -
O R A N G E *J U N T Y • Steve Franks
Director
CSC Community Resources OC Community Resources
Our Community. Our Corn mirment. Jennifer Phillips
DRare
C
OC Animal Care
Karen Roper
%; - . .. . Director
OC Community Services
t t
Mark Denny
APR 2 1 2009 O��ctor
i
( Helen Fried
County Librarian
1'+0.;:r... ., ___• _ OC Public Libraries
April 16, 2009
Subreciepients for Fiscal Year 2008-09
Subject: FY 2008-09 Contract Execution Date
Dear Subreciepients,
Upon a review of our contract files we came across an error in the executed contracts that were
awarded in Fiscal Year 2008-09. The error is the "Contract Executed Date" on page 1 of the
contract, and page 1 of the scope of services. The correct date is June 3, 2008, please replace
the corrected pages provided by your contract representative, all existing terms and conditions
remain the same.
Please accept our apologies for the confusion this might have caused. If you have any questions,
you can contact your Contract Representative Gilbert Melendez at (714) 480-2996 or Reza
Zargham at (714) 480-2842.
Sincerely, 1 te
John V afora, Manager
Housing Community Development
•
1770 N. Broadway, Santa Ana CA. 92706 • Phone(714)480-2900 Fax(714)480-2803
1 Contract No. KC08797
2 • • IDIS No. 1797
3
4 1 COUNTY OF ORANGE
' 5 OC COMMUNITY RESOURCES
6 COMMUNITY DEVELOPMENT BLOCK GRANT-PARTICIPATING CITY
7 (Program Year 2008-09)
8
9 TITLE OF PROJECT: City of Seal Beach - Leisure World ADA Housing Rehab Program
10 570.202 (a)(1), 14A-REHAB; SINGLE-UNIT RESIDENTIAL
11
12 This agreement, hereinafter referred to as "CONTRACT", is entered into on JUNE 3, 24a 25
13
14 BY AND BETWEEN City of Seal Beach, a municipal corporation,
15 in the State of California, and hereinafter
16 referred to as "SUBRECIPIENT".
17
18 AND COUNTY OF ORANGE, a political subdivision
19 of the State of California and recognized Urban
20 County under the Federal Housing and
21 i Community Development Act of 1974 (Public
22 Law 93-383), as amended, hereinafter
23 referred to as "COUNTY".
24
25 RECITALS
26 This CONTRACT is made with reference to the following facts, among others:
27 WHEREAS, COUNTY has applied for and anticipates receiving funds from the United States
28 i Department of Housing and Urban Development, hereinafter referred to as "HUD", under Title I of
29 the Housing and Community Development Act of 1974 (Public Law 93-383, as amended) for the
30 1 purpose of funding projects meeting one of the HUD national objectives; and
31 WHEREAS, COUNTY and Participating Cities previously entered into a Cooperation
32 Agreement dated July 1, 2005 as amended, in which both parties agreed to cooperate in the
33 undertaking; or assist in the undertaking, of community development and housing assistance
34 activities; and
35 WHEREAS, SUBRECIPIENT has submitted to COUNTY an application for funding of a
36 housing and community development activity; and
37 WHEREAS, COUNTY adopted its Annual Action Plan, (hereinafter referred to as "ANNUAL
38 ACTION PLAN"), including any mid-year amendments, which sets forth the PROJECT described
39 herein; and
40 WHEREAS, HUD, in accordance with 24 CFR Part 570 Subpart 0, 570.902, will annually review
41 the performance of COUNTY to determine whether COUNTY has carried out it's Community
42 Development Block Grant (CDBG) assisted activities in a timely manner and has significantly
43 disbursed CDBG funds and met the mandated "1.5 ratio" threshold; and
44 WHEREAS, COUNTY approved an allocation of $200,000.00 (Two Hundred Thousand,
45 Dollars and 00 Cents) in project funding to SUBRECIPIENT for the Fiscal Year 2008-09; and
46 WHEREAS, HUD has accepted and certified the ANNUAL ACTION PLAN.
-1 -
1 • •
2 Contract No. KC08797
3 IDIS No. 1797
4
5 COMMUNITY DEVELOPMENT BLOCK GRANT
6 SUBRECIPIENT SCOPE OF SERVICES
7 (Program Year 2008-09)
8
9
10 This Scope of Services is part of the Contract between the County of Orange
11 and City of Seal Beach, SUBRECIPIENT, dated abbe vq, 2oD8 It is incorporated
12 into that Contract as though fully set forth therein:
13
14 TITLE OF PROJECT: Leisure World ADA Housing Rehab Program
15 SUBRECIPIENT: City of Seal Beach
16 ACTIVITY: 570.202 (a)(1)
17 MATRIX CODE: 14A- REHAB; SINGLE-UNIT RESIDENTIAL.
18
19 I. SCOPE OF SERVICES
20 A. Activities
21 SUBRECIPIENT will be responsible for administering a Year 2008-09
22 Community Development Block Grant project described as follows in a manner
23 satisfactory to the COUNTY and consistent with any standards required as a condition
24 of providing these funds:
25 Project Description
26 Funds will be used for the rehabilitation of approximately 30-35 senior housing
27 units for modifications to the interior living space of each unit to provide seniors with
28 greater accessibility to restrooms, including shower stalls and sink areas as needed.
29 / / /
30 / / /
31 / / /
32 / / /
33 / / /
34 / / /
35 / / /
36 / / /
- Al -
O I S A I N I G E •O u N -r Y • Steve Franks
Director
Community Resources OC Cornmunity Resources
Jennifer Phillips
Our Community. Our Commitment. Director
OC Animal Care
Karen Roper
Director
OC Community Services
Mark Denny
Director
OC Parks
Helen Fried
County Librarian
OC Public Libraries
Date: October 29, 2008
Subject: Fiscal Year 2008-09 Contract Distribution
Greetings,
This is to verify that an original copy of the executed Contract No. KC08797, Leisure World Housing
Rehabilitation Program has been received by:
Name: 2—E4 Will r. Jz-- V r OV S -zoo°
Signatur- .-%-i . ��✓
Please sign and return this form to:
Reza Zargham
Orange County Community Services
1770 N. Broadway
Santa Ana, CA 92706
C:yo, 3 iil
■1
OCT 3 1 2^''3
i
1
s
Lc Community Sewices
1770 N.Broadway, Santa Ana CA. 92706 • Phone(714)480-2900 Fax(714)480-2803
• • Contract No. KC08797
IDIS No. 1.797
COUNTY OF ORANGE
OC COMMUNITY RESOURCES
"Our Community. Our Commitment"
Transmittal of Contract
SUBRECIPIENT: City of Seal Beach
PROJECT TITLE: Leisure World Housing Rehabilitation Program
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
IV. Term
V. Amendments
VI. Payments
a. Amount of contract: $200,000.00
VII. General Administration
VIII. Performance
IX. Performance Monitoring
X. Modifications/Transfers of Real Property
XI. Audits
XII. Federal Administrative Requirements
XIII. Environmental Conditions
XIV. Notices
• • Contract No. KC08797
IDIS No. 1797
COUNTY OF ORANGE
OC COMMUNITY RESOURCES
"Our Community. Our Commitment"
Transmittal of Contract
SUBRECIPIENT: City of Seal Beach
PROJECT TITLE: Leisure World Housing Rehabilitation Program
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
IV. Term
V. Amendments
VI. Payments
a. Amount of contract: $200,000.00
VII. General Administration
VIII. Performance
IX. Performance Monitoring
X. Modifications/Transfers of Real Property
XI. Audits
XII. Federal Administrative Requirements
XIII. Environmental Conditions
XIV. Notices
• • Contract No. KC08797
IDIS No. 1797
1
2
3 COUNTY OF ORANGE
4 . OC COMMUNITY RESOURCES
5 COMMUNITY DEVELOPMENT BLOCK GRANT - PARTICIPATING CITY
6 (Program Year 2008 -09)
7
8 TITLE OF PROJECT: City of Seal Beach - Leisure World ADA Housing Rehab Program
9 570.202 (a)(1), 14A- REHAB; SINGLE -UNIT RESIDENTIAL
10 13;'l.�
11 This agreement, hereinafter referred to as "CONTRACT", is entered into on
12
13
14 BY AND BETWEEN City of Seal Beach, a municipal corporation,
15 in the State of California, and hereinafter
16 referred to as "SUBRECIPIENT ".
17
18 AND COUNTY OF ORANGE, a political subdivision
19 of the State of California and recognized Urban
20 County under the Federal Housing and
21 Community Development Act of 1974 (Public
22 Law 93 -383), as amended, hereinafter
23 referred to as "COUNTY ".
24
25 RECITALS
26 This CONTRACT is made with reference to the following facts, among others:
27 WHEREAS, COUNTY has applied for and anticipates receiving funds from the United
28 States Department of Housing and Urban Development, hereinafter referred to as "HUD ",
29 under Title I of the Housing and Community Development Act of 1974 (Public Law 93 -383, as
30 amended) for the purpose of funding projects meeting one of the HUD national objectives; and
31 WHEREAS, COUNTY and Participating Cities previously entered into a Cooperation
32 Agreement dated July 1, 2005 as amended, in which both parties agreed to cooperate in the
33 undertaking, or assist in the undertaking, of community development and housing assistance
34 activities; and
35 WHEREAS, SUBRECIPIENT has submitted to COUNTY an application for funding of a
36 housing and community development activity; and
37 WHEREAS, COUNTY adopted its Annual Action Plan, (hereinafter referred to as
38 "ANNUAL ACTION PLAN "), including any mid -year amendments, which sets forth the PROJECT
39 described herein
40 WHEREAS, HUD, in accordance with 24 CFR Part 570 Subpart 0, 570.902, will annually
41 review the performance of COUNTY to determine whether COUNTY has carried out it's
42 Community Development Block Grant (CDBG) assisted activities in a timely manner and has
43 significantly disbursed CDBG funds and met the mandated "1.5 ratio" threshold; and
44 WHEREAS, COUNTY approved an allocation of $200,000.00 (Two- hundred thousand
45 Dollars and 00 Cents) in project funding to SUBRECIPIENT for the Fiscal Year 2008 -09; and
46 WHEREAS, HUD has accepted and certified the ANNUAL ACTION PLAN.
-1-
• • Contract No. KC08797
IDIS No. 1797
1
2 ; WHEREAS, COUNTY engages SUBRECIPIENT to assist COUNTY in utilizing aforesaid
3 funds.
4 NOW, THEREFORE, the parties enter into the following:
5 I. , CONTRACT FORM
6 This CONTRACT consists of:
7 A. The following. provisions;
8 B. All applicable Federal Regulations, including 24 CFR 570;
9 C. Applicable State and COUNTY laws and regulations; and,
10 D. The attached SUBRECIPIENT SCOPE OF SERVICES, is incorporated as if fully set
11 forth herein; and,
12 E. The attached Child Support Provision, which is incorporated as if fully set forth
13 herein.
14 II. DEFINITIONS
15 For the purposes of this CONTRACT the following definitions shall apply:
16 A. HUD: United States Department of Housing and Urban Development.
17 B. OC COMMUNITY RESOURCES: Designated as the Lead for the development and
18 i implementation of County of Orange Urban County Program's Consolidated Plan.
19 C. DIRECTOR: DIRECTOR of the OC Community Resources, or designee.
20 D. EQUIPMENT: Tangible, non - expendable, personal property having a useful life
21 of more than one year and an acquisition cost of $5,000 or more per unit.
22 E. PROGRAM INCOME: The gross income received by SUBRECIPIENT directly
23 j generated from the use of the subject program funds.
24 F. CONSTRUCTION BID PACKAGE:. A package of bidding documents which includes
25 the proposal, bidding instructions, CONTRACT documents, detailed estimated costs, and plans
26 and specifications for a construction project, all prepared in accordance with applicable Federal
27 regulations.
28 G. GRANTEE PERFORMANCE REPORT (GPR) INFORMATION FORM: A PROJECT
29 activity data document provided by COUNTY to SUBRECIPIENT used to monitor and track the
30 performance of SUBRECIPIENT.
31 H. OC COMMUNITY RESOURCES POLICY ON DOCUMENTING SUBRECIPIENT
32 COSTS: A COUNTY document setting policies regarding types of documentation required to
33 support the costs incurred and paid (including but not limited to copies of paid invoices,
34 certified payroll registers, bank statements, etc.).
35 I. PROJECT: Any site or sites, including buildings, and /or activities assisted with
36 federal program funds.
37 J. PROGRAM ADMINISTRATION: An activity relating to the general management,
38
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• C IDIS ontract No. No. 1797 KC08797
1 oversight and coordination of community development programs. Costs directly related to
2 carrying out eligible activities are not included.
3 K. OMB: Federal Office of Management and Budget.
4 L. CAPER: Consolidated Annual Performance and Evaluation Report. An annual
5 published report to HUD and the public on all housing - related activities.
6 M. CDBG: Community Development Block Grant funds.
7 O. SUBSTANTIAL AMENDMENT: The County will consider a change in project scope
8 as a "substantial amendment" under the following circumstances:
9 1. County or subrecipient decides not to carry out an activity previously
10 described in the Annual Action Plan;
11 2. County or subrecipient carries out an activity not previously described in the
12 Annual Action Plan;
13 3. County or subrecipient changes the purpose, scope, location or beneficiaries
14 of an activity;
15 4. County or subrecipient changes the use of CDBG funds from one eligible
16 activity to another;
17 5. County or subrecipient changes 25% or more in one program activity.
18 III. CONDITIONS OF FUNDING
19 A. County advises SUBRECIPIENT that a change in entitlement funding may result
20 in a change in the current process utilized by COUNTY to determine funding allocations.
21 SUBRECIPIENT acknowledges that the obligation of the COUNTY is contingent upon the
22 availability of Federal, State or local Government funds appropriated or allocated to the
23 COUNTY. If funding levels are significantly affected by Federal budgeting or if funds are not
24 allocated and available for the continuance of the function performed by SUBRECIPIENT, the
25 CONTRACT may be terminated by the COUNTY at the end of the period for which funds are
26 available. The COUNTY shall notify SUBRECIPIENT at the earliest possible time of any service
27 that may be affected by a shortage of funds. No penalty shall accrue to the COUNTY in the
28 event this provision is exercised and the COUNTY shall not be obligated nor liable for any
29 damages as a result of termination under this provision of this CONTRACT, and nothing herein
30 shall be construed as obligating the COUNTY to expend or as involving the COUNTY in any
31 contract or other obligation for the future payment of money in excess of appropriations
32 authorized by law.
33 IV. TERM
34 A. Eligible costs related to services provided by SUBRECIPIENT must be incurred
35 during the period beginning July 1, 2008. The PROJECT shall be completed and all funds
36 provided through this CONTRACT shall be expended on eligible PROJECT activities prior to June
37 30, 2009. The term of this CONTRACT may be extended upon mutual agreement of the parties
38
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• C IDIS ontract No. No. 1797 KC08797
1 in writing in accordance with Section IV.D. below. COUNTY shall reclaim any unused balance
2 of funds for reallocation to other COUNTY approved projects.
3 B. SUBRECIPIENT may request additional funding up to the maximum set forth in the
4 applicable FY 2008 -09 Annual Action Plan if SUBRECIPIENT meets or exceeds any one of the
5 Required Expenditure Thresholds at 50 %, 70% or 80% on or prior to the milestone date
6 established herein in Section VI.E.3.
7 C. 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 Required Expenditure and Performance Expenditure and Accomplishment Thresholds
11 set forth herein Section VI.E.3. and Section VIII.B., as amended, will continue to be met
12 before such extension and additional allocation is granted.
13 D. CONTRACT Extension
14 1. The term of this CONTRACT and the provisions herein may be extended
15 to cover an additional time period as specified herein.
16 2. The date for PROJECT completion and expenditure of all funds may be
17 extended by the DIRECTOR without further action by the BOARD for a period not to exceed six
18 (6) months from June 30, 2009. All extension approvals must be in writing and signed by the
19 DIRECTOR. In the event of such extension, the deadline for submittal of invoices shall be
20 forty -five (45) days after the new expiration date.
21 3. CONTRACT extension provisions are not applicable to PROGRAM
22 ADMINISTRATION activities.
23 V. AMENDMENTS
24 A. COUNTY, through its DIRECTOR and without further action by the COUNTY's
25 Board of Supervisors (hereinafter referred to as "BOARD ") and SUBRECIPIENT may by mutual
26 agreement amend and /or extend this CONTRACT and /or incorporated Subrecipient Scope of
27 Services, at any time, up to 45 (forty -five) days prior to CONTRACT expiration, provided that
28 the proposed action is (1) not a "Substantial Amendment" as defined by the Section II. M of
29 this CONTRACT, (2) makes specific reference to this CONTRACT, (3) is executed in writing and
30 signed by a duly authorized representative of the SUBRECIPIENT's organization.
31 SUBRECIPIENT's written request to amend must include a revised budget for funds being
32 extended, if that scope of work is different in scope from the originally agreed upon
33 SUBRECIPIENT SCOPE OF SERVICES. SUBRECIPIENT must also comply with the original
34 thresholds and milestones outlined in Section VIII.B. herein. Any proposed amendment to this
35 CONTRACT shall be submitted to DIRECTOR, and approved by DIRECTOR in writing prior to
36 commencement of any activity covered by said amendment.
37 B. SUBRECIPIENT agrees that COUNTY may, at its sole discretion, amend this
38 CONTRACT to conform with federal, state or local governmental guidelines, policies, and
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•
Contract
IDIS No. No. 1797K C08797
1 available funding amounts.
2 C. If any amendment results in a change in the funding amount, SUBRECIPIENT
3 SCOPE OF SERVICES, threshold and milestone dates or schedule of activities to be undertaken
4 as part of this CONTRACT, such modifications will be incorporated only by written amendment
5 executed by DIRECTOR and SUBRECIPIENT.
6 VI. PAYMENTS
7 A. CONTRACT Amount
8 It is expressly agreed and understood that the total amount to be paid by
9 COUNTY under this CONTRACT shall not exceed $200,000.00 (Two- hundred thousand Dollars
10 and 00 Cents). Reimbursement for the payment of eligible project expenses shall be made in
11 accordance with the budget specified in Section II. of SUBRECIPIENT SCOPE OF SERVICES.
12 B. Funds from COUNTY to SUBRECIPIENT shall be disbursed subsequent to
13 availability of funds from HUD to COUNTY.
14 C. Funds shall not be disbursed for any costs incurred prior to the certification by
15 COUNTY and /or HUD of Certificate(s) of Insurance and environmental compliance, as further
16 defined in Section VII and Section XIII of this CONTRACT. Additionally, when applicable, no
17 funds shall be disbursed prior to submittal of certified payroll documentation to COUNTY with
18 each invoice package /request for payment, as further defined in Section XII.
19 D. Readiness
20 SUBRECIPIENT shall be required to demonstrate to COUNTY its readiness to
21 immediately initiate its PROJECT upon execution of this CONTRACT by providing to the
22 COUNTY documentation including, but not limited to, the following: Board or Council
23 Minutes /Resolution; Awarded bid documents with timeline requirements; and, executed
24 Architect and Engineer (hereinafter referred to as "A &E ") contracts, with specific project
25 timelines consistent with funding. By September 30, 2008 SUBRECIPIENT shall provide
26 COUNTY a Project Readiness Checklist incorporating the status of all PROJECT- phasing
27 milestones. In the case of milestones not yet reached, SUBRECIPIENT shall provide projected
28 target dates for when said milestones will be met. The Project Readiness Checklist shall clearly
29 demonstrate that SUBRECIPIENT will meet the "Required Expenditure Thresholds" established
30 herein Section VI. E. 3. SUBRECIPIENT acknowledges that said Project Readiness Checklist
31 may be considered to evaluate the performance of the SUBRECIPIENT.
32 E. Payment of Project Activities
33 1. COUNTY will reimburse SUBRECIPIENT for eligible project - related costs only.
34 SUBRECIPIENT shall submit requests for reimbursement to COUNTY on a quarterly basis
35 beginning on July 1, 2008, and must provide the documentation required by COUNTY in
36 accordance with the COUNTY's OC Community Resources Policy for Documenting Subrecipient
37 Costs. SUBRECIPIENT shall provide a progress performance report (i.e., Grantee Performance
38 Report hereinafter referred to as "GPR" Information Form) for the time period covered, as
-5-
• • • Contract No. KC08797
IDIS No. 1797
1 prescribed by COUNTY. Failure to provide any of the required documentation and reporting
2 shall cause COUNTY to withhold any reimbursement, and return the entire reimbursement
3 request to SUBRECIPIENT until the required documentation has been received and approved
4 by COUNTY.
5 2. If SUBRECIPIENT has no request for reimbursement during any quarter
6 during the term of this CONTRACT, a GPR, including an explanation as to why no invoices were
7 being processed, shall be required in lieu of a request for reimbursement.
8 3. The following "Required Expenditure Threshold" criteria has been
9 established to guide the SUBRECIPIENT in structuring and scheduling their expenditure of
10 funds received through this CONTRACT. They are consistent with the criteria used by OC
11 Community Resources to determine performance including, but not limited to, determinations
12 of future award of funds, additional funding requests and /or determinations for the recapture
13 of funding:
14 Minimum Required
15 Milestone Date Expenditure Threshold
16 December 15, 2008 50% of Contracted Amount Expended
17 January 15, 2009 70% of Contracted Amount Expended
18 March 15, 2009 80% of Contracted Amount Expended
19
20 4. SUBRECIPIENT will have forty -five (45) days following the expiration of
21 the CONTRACT to submit outstanding invoices for reimbursement of eligible costs incurred
22 during the CONTRACT period. After the forty -five (45) day period for submitting invoices has
23 expired, COUNTY shall reallocate the remaining balance under this CONTRACT for other
24 program purposes and SUBRECIPIENT shall be ineligible for any further reimbursement.
25 F. Program Income
26 1. SUBRECIPIENT shall comply with regulations set forth in 24 CFR 570.504
27 and all applicable State or COUNTY regulations concerning the reporting and payment
28 procedures for program income.
29 2. All Program Income accrued shall be returned to COUNTY on a quarterly
30 basis prior to SUBRECIPIENT receiving any reimbursement from grant funds provided under
31 this CONTRACT.
32 3. SUBRECIPIENT shall provide information of the receipt of PROGRAM
33 INCOME by SUBRECIPIENT related to PROJECT on all GPR INFORMATION FORMS submitted
34 with requests for reimbursement.
35 4. SUBRECIPIENT shall complete and submit a Year -End Program Income
36 letter indicating amount of Program Income received and include any reimbursement
37
38 remittance necessitated therein, by July 15, 2009.
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• • Contract IDIS No. No. 1797 KC08797
1 VII. GENERAL ADMINISTRATION
2 A. SUBRECIPIENT shall provide the oversight, administration, and project
3 management necessary to accomplish all contracted activities in a timely manner.
4 SUBRECIPIENT shall comply with all applicable federal, state, and local laws and regulations
5 governing the funds provided under this CONTRACT.
6 B. Independent Contractor
7 Nothing contained in this CONTRACT is intended to, or shall be construed in any
8 manner, as creating or establishing the relationship of employer /employee between the
9 parties. SUBRECIPIENT and its subcontractors shall at all times remain independent
10 contractors with respect to the services to be performed under this CONTRACT. COUNTY shall
11 be exempt from payment of any Unemployment Compensation, FICA, retirement, life and /or
12 medical insurance and Workers' Compensation Insurance as SUBRECIPIENT and its
13 subcontractors are independent contractors.
14 C. Hold Harmless
15 SUBRECIPIENT shall hold harmless, defend with counsel approved in writing by
16 COUNTY and indemnify COUNTY, its elected and appointed officials, officers, employees,
17 agents and those special districts and agencies which COUNTY's Board of Supervisors acts as
18 the governing board ( "COUNTY INDEMNITIES ") from any and all claims, actions, suits, charges
19 and judgments whatsoever including but not limited to personal injury or property damage
20 that arise out of SUBRECIPIENT's and /or its subcontractor's use of funds, performance or
21 nonperformance of the project and /or scope of work called for in this CONTRACT.
22 D. Assignability
23 SUBRECIPIENT shall not assign or transfer any interest in this CONTRACT
24 without the prior written consent of COUNTY.
25 E. Subcontracts
26 1. SUBRECIPIENT shall submit all subcontract agreements to COUNTY for
27 review and consent prior to entering into such agreements. For construction subcontracts,
28 SUBRECIPIENT shall submit the Construction Bid Package to COUNTY for review and written
29 approval by DIRECTOR prior to advertising for bids and award for the construction contract.
30 Unless prior written approval is received from DIRECTOR for modification, SUBRECIPIENT shall
31 construct project in accordance with the Construction Bid Package, which DIRECTOR approved.
32 2. SUBRECIPIENT shall assume responsibility for all subcontracted services
33 to assure CONTRACT compliance.
34 3. SUBRECIPIENT shall include this CONTRACT, in its entirety, and make it
35 a part of any subcontract executed in the performance of this CONTRACT.
36 4. SUBRECIPIENT shall monitor all subcontracted services on a quarterly
37
38 basis to assure CONTRACT compliance. Results of said monitoring efforts shall be summarized
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1 in written form, and supported with documented evidence of follow -up action(s) to correct any
2 area(s) of CONTRACT non - compliance. Documentation shall be made available for periodic
3 monitoring by representatives of COUNTY and HUD.
4 F. Relocation
5 SUBRECIPIENT shall:
6 1. Take all reasonable steps to minimize displacement by providing tenants
7 reasonable opportunity to lease and occupy dwelling units in the project being improved; and,
8 2. When applicable, submit to COUNTY a Plan outlining financial and
" 9 advisory assistance in securing temporary housing for any and all eligible tenants who are
10 temporarily or permanently relocated due to the project.
11 3. Comply with the Uniform Relocation Assistance and Real Property
12 Acquisition Policies Act of 1970, as amended by the Uniform Relocation Act /URA, 49 CFR Part
13 24 and 24 CFR 570.606 for persons displaced by the project; and,
14 4. Have in effect and follow a residential anti - displacement and relocation
15 plan required under section 104(d) of the Housing and Community Development Act of 1974,
16 as amended, in conjunction with any activity assisted with funding under the subject program.
17 G. Fair Housing
18 SUBRECIPIENT shall affirmatively further fair housing in accordance with 24 CFR
19 570.904.
20 H. Insurance
21 No costs shall be incurred and no funds shall be disbursed prior to written
22 certification of approval by COUNTY of insurance fulfillment.
23 1. SUBRECIPIENT, at its own expense, agrees to deposit with COUNTY prior
24 to the execution and provision of services under this CONTRACT, Certificates of Insurance,
25 including all endorsements required herein, necessary to satisfy COUNTY that the insurance
26 provisions of this CONTRACT have been complied with, and to keep such insurance and the
27 certificates therefore on deposit with COUNTY during the entire term of this CONTRACT. In
28 addition, all contractors and subcontractors performing work on behalf of SUBRECIPIENT
29 pursuant to this CONTRACT shall be covered under SUBRECIPIENT's insurance or shall obtain
30 insurance subject to the same terms and conditions as set forth herein for SUBRECIPIENT.
31 SUBRECIPIENT shall require that any contractor or subcontractor working for SUBRECIPIENT
32 have the insurance required by this section and not allow contractors or subcontractors to
33 work if the contractors or subcontractors have less than the level of coverage required by the
34 COUNTY under this CONTRACT. SUBRECIPIENT shall provide notice of the insurance
35 requirements_ to every contractor or subcontractor, and to receive proof of insurance prior to
36 allowing any contractor or subcontractor to begin work. Such proof of insurance must be
37 maintained by SUBRECIPIENT through the entirety of this CONTRACT for inspection by
38 COUNTY representative at any reasonable time. All insurance policies required by this
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1 CONTRACT shall declare any deductible or self- insured retention (SIR) in an amount in excess
2 of $25,000 ($5,000 for automobile liability) which shall specifically be approved by COUNTY
3 Executive Office /Office of Risk Management. SUBRECIPIENT shall be responsible for
4 reimbursement of any deductible to the insurer. Any self- insured retentions (SIRs) or
5 Deductibles shall be clearly stated on the Certificate of Insurance.
6 2. SUBRECIPIENT shall maintain insurance acceptable to COUNTY in full
7 force and effect throughout the term of this CONTRACT. If SUBRECIPIENT fails to maintain
8 insurance acceptable to COUNTY for the full term of this CONTRACT, COUNTY may terminate
9 this CONTRACT.
10 3. The policy or policies of insurance must be issued by an insurer licensed
11 to do business in the State of California (California Admitted Carrier).
12 4. Minimum insurance company ratings as determined by the most current
13 edition of the Best's Key Rating Guide /Property - Casualty /United States or ambest.com shall
14 be A- (Secure Best's Rating) and VIII (Financial Size Category). SUBRECIPIENT will file with
15 COUNTY, prior to the commencement of performance of services under this CONTRACT, an
16 original Certificate of Insurance and all required endorsements evidencing that coverage
17 required by this CONTRACT is in effect.
18 5. If the carrier is a non - admitted carrier in the State of California, COUNTY
19 Executive Office /Office of Risk Management retains the right to approve or reject carrier after
20 a review of the company's performance and financial ratings.
21 6. The policy or policies of insurance maintained by SUBRECIPIENT shall
22 provide the minimum limits and coverage as set forth herein below:
23
24 Coverage Minimum Limits
25 Commercial General Liability to $1,000,000 combined single limit
26 include a Broad Form Property per occurrence
27 Damage Endorsement
28 and Contractual Liability $2,000,000 Aggregate
29 Automobile Liability including coverage for $1,000,000 combined single limit
30 all owned, non -owned and hired vehicles per occurrence
31 Workers' Compensation Statutory
32 Employer's Liability $1,000,000 per occurrence
33 Sexual Misconduct $1,000,000 per occurrence
34
35 7. Each insurance policy required by this CONTRACT shall be endorsed to
36 contain the following provisions:
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1 a. This insurance shall not be changed, cancelled, limited in scope �f
2 coverage or non - renewed until after 30 days written notice has been given to COUNTY of
3 Orange /OC Community Resources (Endorsement must be attached to Certificate of
4 Insurance). If a 30 -day notice of cancellation endorsement is not received, the cancellation
5 clause must include language as follows, which edits the pre - printed ACORD certificate:
6 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
7 EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL MAIL 30 DAYS WRITTEN NOTICE
8 TO THE CERTIFICATE HOLDER NAMED TO THE LEFT.
9 b. All rights of subrogation are hereby waived against COUNTY, it's
10 elective and appointed officials, officers and employees when acting within the scope of their
11 employment or appointment, and COUNTY and their Board or Commissions, which are
12 governed by COUNTY Board of Supervisors. (Endorsement must be attached to Certificate of
13 Insurance).
14 c. With respect to the named insured's operations performed on
15 behalf of COUNTY, COUNTY shall be added as an additional insured on all insurance policies
16 required by this Contract except for Workers' Compensation /Employers' Liability.
17 (Endorsement must be attached to Certificate of Insurance).
18 d. SUBRECIPIENT is aware of the provisions of California Labor Code
19 Section 3700, which requires every employer to be insured against liability for Worker's
20 Compensation or be self- insured in accordance with the provisions of that code. The
21 SUBRECIPIENT will comply with such provisions and shall furnish the COUNTY satisfactory
22 evidence of such compliance for the period of this contract, statutory Worker's Compensation
23 Insurance and Employer's Liability Insurance with minimum limits of $1,000,000 per
24 occurrences.
25 e. It is agreed that any insurance maintained by COUNTY will apply
26 in excess of, and not contribute with, insurance provided by these policies. (Endorsement must
27 be attached to Certificate of Insurance for the General Liability policy and Sexual Misconduct
28 Liability policy).
29 f. Commercial General Liability policy shall contain a severability of
30 interests clause.
31 8. Insurance information shall be submitted to:
32 County of Orange
33 OC Community Resources
34 Attention: Chief, Community Development
35 1770 North Broadway
36 Santa Ana, CA 92706 -2642
37
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1 9. County expressly retains the right to require Contractor to increase or
2 decrease insurance of any of the above insurance types throughout the term of this Contract.
3 Any increase or decrease will be deemed by County of Orange Risk Manager as appropriate to
4 adequately protect County. In addition, COUNTY Risk Manager retains the right to require
5 additional insurance coverage as may be deemed appropriate to adequately protect COUNTY.
6 COUNTY's requirements shall be reasonable and shall be designed to assure protection from
7 and against the kind and extent of risks, which exist at the time a change in insurance is
8 required.
9 10. COUNTY shall notify SUBRECIPIENT in writing of changes in the insurance
10 requirements. If SUBRECIPIENT does not deposit copies of acceptable certificates of insurance
11 and endorsements with COUNTY incorporating such changes within thirty (30) days of receipt
12 of such notice, this CONTRACT may be in default without further notice to SUBRECIPIENT, and
13 COUNTY shall be entitled to all legal remedies.
14 The procuring of such required policy or policies of insurance shall not be
15 construed to limit SUBRECIPIENT's liability hereunder or to fulfill the indemnification provisions
16 and requirements of this CONTRACT.
17 I. Grantor Recognition
18 SUBRECIPIENT shall insure recognition of the role of the COUNTY in providing
19 services through this CONTRACT. All activities, facilities and items utilized pursuant to this
20 CONTRACT shall be prominently labeled as to funding source. In addition, SUBRECIPIENT will
21 include a reference to the support provided herein in all publications made possible with funds
22 made available under this CONTRACT. SUBRECIPIENT will retain documentation of such
23 recognition, which shall be available for periodic monitoring by representatives of COUNTY or
24 HUD.
25 J. Records to be Maintained
26 SUBRECIPIENT shall maintain all records required by the Federal regulations
27 specified in 24 CFR 570.503(b)(2), 570.506, 570.507 and 570.508 that are pertinent to the
28 activities to be funded under this CONTRACT. Such records shall include, but are not be
29 limited to:
30 1. Records providing a full description of each activity undertaken;
31 2. Records demonstrating that each activity undertaken meet one of the
32
33 National Objectives of the CDBG program;
34 3. Records required to determine the eligibility of activities;
35 4. Records required to document the acquisition, improvement, use, or
36 disposition of real property acquired or improved with CDBG assistance;
37 5. Records documenting compliance with the fair housing and equal
38 opportunity components of the CDBG program;
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1 6. Financial records as required by 24 CFR 570.502, and OMB Circular A -87;
2 and
3 7. Other records necessary to document compliance with Subpart K of 24
4 CFR 570.
5 8. Retention
6 SUBRECIPIENT shall retain all records pertinent to expenditures incurred
7 under this CONTRACT for a period of five (5) years after the termination of all activities funded
8 under this CONTRACT, or after the resolution of all Federal audit findings, whichever occurs
9 later. Records for non - expendable property acquired with funds under this CONTRACT shall be
10 retained for five (5) years after final disposition of such property. Records for any displaced
11 person must be kept for five (5) years after s /he has received final payment.
12 9. Client Data
13 a. SUBRECIPIENT shall maintain client data demonstrating client
14 eligibility for services provided for a period of five (5) years after the termination of all
15 activities funded under this CONTRACT, or after the resolution of all Federal audit findings,
16 whichever occurs later. Such data shall be consistent and include, but not be limited to, client
17 name, address, verifiable income level (as documented by income tax returns, employee
18 payroll records, retirement statements, etc. or other third party documentation acceptable to
19 COUNTY, for determining eligibility), and description of service provided. Such information
20 shall be made available to HUD representatives, COUNTY monitors, or their designees, for
21 review upon request.
22 b. SUBRECIPIENT shall develop and implement procedures to ensure
23 the confidentiality of records pertaining to any individual provided family violence prevention
24 or treatment services under any project assisted under the subject program, including
25 protection against the release of the address or location of any family violence shelter project,
26 except with the written authorization of the person responsible for the operation of the shelter.
27 10. Property Records
28 SUBRECIPIENT shall maintain real property inventory records, which
29 clearly identify properties purchased, improved, or sold. Properties retained shall continue to
30 meet eligibility criteria, rental limitations, health, safety and building codes, etc., and shall
31 conform with 24 CFR 570.505.
32
33 K. Close -Out
34 SUBRECIPIENT's obligation to COUNTY shall not end until all close -out
35 requirements are completed. Activities during this close -out period shall be completed in
36 accordance with 24 CFR 570.509 and shall include, but are not limited to: making final
37 payments; submitting final invoice(s), report(s), in accordance with the requirements of
38 paragraph VI.E.4 above, and documentation; disposing of program assets (including the return
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1 to COUNTY of all unused materials and equipment); remitting any program income balances
2 and receivable accounts to COUNTY, and determining the custodianship of records.
3 L. Equipment
4 SUBRECIPIENT shall use, manage and dispose of equipment in accordance with
5 24 CFR 85.32 and 24 CFR 570.502.
6 VIII. PERFORMANCE
7 A. SUBRECIPIENT shall comply with all applicable HUD regulations, as described in
8 Section XII of this CONTRACT, concerning administrative requirements and maintain records
9 as to services provided and total number of persons served through the project, including but
10 not limited to, population - served analysis (i.e., extremely -low income persons, very -low
11 income persons, and low- income persons as defined by HUD). Such information shall be
12 available for periodic monitoring by representatives of COUNTY or HUD and shall be submitted
13 by SUBRECIPIENT in report form to COUNTY by dates specified by COUNTY.
14 B. The following "Performance Threshold" criteria shall be used to assess the level
15 of performance of the SUBRECIPIENT. Furthermore, the criteria will be considered by OC
16 Community Resources when determining future funding. In order to be considered in
17 compliance with the following performance criteria, the SUBRECIPIENT must, on or before the
18 required milestone date, submit to OC Community Resources a request for reimbursement
19 which demonstrates that SUBRECIPIENT has expended funds and met their proposed
20 accomplishment goals at the required levels, unless exempted in writing by the DIRECTOR.
21 Minimum
22 Performance Expenditure and
23 Milestone Date Accomplishment Thresholds
24 November 15, 2008 30% of Contracted Amount Expended and
25 30% of Proposed Accomplishments Met
26 December 15, 2008 50% of Contracted Amount Expended and
27 50% of Proposed Accomplishments Met
28 January 15, 2009 70% of Contracted Amount Expended and
29 70% of Proposed Accomplishments Met
30 March 15, 2009 80% of Contracted Amount Expended and
31 80% of Proposed Accomplishments Met
32
33 Failure to achieve at least the aforementioned 50% drawdown, without written
34 exemption approved by the DIRECTOR, may cause any remaining balance in this CONTRACT to
35 be reclaimed by COUNTY. Such failure shall also negatively affect future funding to
36 SUBRECIPIENT. Failure to achieve the aforementioned 80% drawdown goal, without written
37 exemption approved by the DIRECTOR, may cause any remaining balance in this CONTRACT to
38 be reclaimed by COUNTY and shall impact future funding to SUBRECIPIENT.
39 C. SUBRECIPIENT shall complete and submit a Year End GPR Information Form by
40 July 15, 2009.
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1 D. Should the activity being funded through this CONTRACT be completed,
2 , cancelled or terminated prior to the termination date set forth herein in Section IV. A.,
3 SUBRECIPIENT shall complete and submit a Mid -Year End GPR at the time of the completion,
4 cancellation or termination. Said GPR Information Form shall consist of a cumulative reporting
5 of project - related expenditures and accomplishments relative to the attached SUBRECIPIENT
6 SCOPE OF SERVICES. If activity funded through this CONTRACT is completed, or if funds
7 allocated through this CONTRACT are fully expended, prior to end of CONTRACT term,
8 SUBRECIPIENT must continue to serve its clients for the entire term of this CONTRACT.
9 E. SUBRECIPIENT shall complete and submit a GPR in support of all requests for
10 reimbursement. Said GPR shall consist of a cumulative report of project - related
11 accomplishments relative to attached SUBRECIPIENT SCOPE OF SERVICES for the subject
12 quarter. SUBRECIPIENT shall prepare and submit to COUNTY a Quarterly GPR, regardless of
13 actual activity.
14 F. SUBRECIPIENT acknowledges that the GPR Form is a monitoring tool that will be
15 reviewed and evaluated to determine SUBRECIPIENT's level of performance relative to this
16 CONTRACT.
17 G. SUBRECIPIENT shall submit all requested data necessary to complete the
18 Consolidated Annual Performance and Evaluation Report (CAPER), and monitor program
19 accountability and progress in accordance with HUD requirements, in the format and at the
20 time designated by COUNTY.
21 IX. PERFORMANCE MONITORING
22 A. Performance monitoring of SUBRECIPIENT by COUNTY and /or HUD shall consist
23 of requested and /or required written reporting, as well as onsite monitoring by COUNTY or
24 HUD representatives.
25 B. COUNTY shall periodically evaluate SUBRECIPIENT's progress in complying with
26 the terms of this CONTRACT. SUBRECIPIENT shall cooperate fully during such monitoring.
27 COUNTY shall report the findings of each monitoring to SUBRECIPIENT.
28 C. COUNTY shall monitor the performance of SUBRECIPIENT against the goals,
29 outcomes, milestones and performance standards required herein. Substandard performance,
•
30 as determined by COUNTY, will constitute non - compliance with this CONTRACT for which
31 COUNTY may immediately terminate the CONTRACT. If action to correct such substandard
32 performance is not taken by SUBRECIPIENT within the time period specified by COUNTY,
33 payment(s) will be denied in accordance with the provisions contained in Section V of this
34 CONTRACT.
35 X. MODIFICATIONS /TRANSFERS OF REAL PROPERTY
36 A. Any proposed modification or change in use of real property acquired or
37 improved, in whole or in part, by CDBG funds from the use planned at the time of the
38 acquisition or improvement, including disposition, is expressly prohibited.
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1 B. SUBRECIPIENT shall ensure that any real property under SUBRECIPIENT's
2 control that was acquired or improved in whole or in part with CDBG funds in excess of
3 $25,000 is either:
4 1. Used to meet one of the national objectives contained in 24 CFR 570.208
5 for a period not Tess than five years, or for such period of time as determined to be
6 appropriate by COUNTY, after expiration of the CONTRACT and close -out of SUBRECIPIENT's
7 participation in the CDBG Program, or, until five years after the close -out of the grant from
8 which the assistance to the property was provided, whichever occurs first; or,
9 2. Disposed of in a manner that results in COUNTY being reimbursed in an
10 amount equal to the current fair market value of the property less any portion of the value
11 attributable to expenditures of non -CDBG funds for acquisition of, or improvement to, the
12 property. Such reimbursement is not required after the period of time specified in accordance
13 with X. B. 1. above.
14 XI. AUDITS
15 If SUBRECIPIENT expends Federal funds in a fiscal year which equals or exceeds
16 $500,000 (five hundred thousand dollars and no cents) as specified in OMB Circular A -133-
17 Revised, SUBRECIPIENT shall cause an audit at SUBRECIPIENT's expense to be prepared by a
18 Certified Public Accountant (CPA) who is a member in good standing with the American
19 Institute of Certified Public Accountants (AICPA) of the California Society of CPA's. The audit
20 must be performed annually in accordance with Generally Accepted Auditing Standards (GAAS)
21 authorized by the AICPA and Federal laws and regulations governing the programs in which it
22 participates. Furthermore, COUNTY retains the authority to require SUBRECIPIENT to submit
23 similarly prepared audit at SUBRECIPIENT's expense even in instances when SUBRECIPIENT's
24 expenditure is less than $500,000. SUBRECIPIENT will be required to identify corrective action
25 taken in response to any findings identified by CPA related to their funded activity or program.
26 SUBRECIPIENT shall submit two (2) copies of such audit report, including a copy of the
27 management letter, to COUNTY within six (6) months of the end of each CONTRACT year in
28 which SUBRECIPIENT has received federal funding (i.e., July 1 June 30). Failure to meet
29 this requirement may result in COUNTY denying reimbursement of funds to SUBRECIPIENT, as
30 well as future funding qualification. SUBRECIPIENTS, which are exempt from statutory audit
31 requirements, shall maintain records, which are available for review by COUNTY or Federal
32 officials. SUBRECIPIENT acknowledges that any and all `Financial Statements" submitted to
33 COUNTY pursuant to this COUNTY become Public Records and are subject to public inspection
34 pursuant to Sec.6250 et seq. of the California Government Code.
35 XII. FEDERAL ADMINISTRATIVE REQUIREMENTS
36 A. Financial Management
37 1. Accounting Standards
38 SUBRECIPIENT agrees to comply with OMB Circular A -87 and agrees to
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1 adhere to the accounting principles and procedures required therein, utilize adequate internal
2 controls, and maintain necessary source documentation for all costs incurred.
3 2. Cost Principles
4 SUBRECIPIENT shall administer its program in conformance with OMB
5 Circulars A -122, "Cost Principles for Non - Profit Organizations," or A -21, "Cost Principles for
6 Educational Institutions," (and if SUBRECIPIENT is a governmental or quasi - governmental
7 agency, the applicable sections of 24 CFR 85, "Uniform Administrative Requirements for
8 Grants and Cooperative Contracts to State and Local Governments, ") as applicable. These
9 principles shall be applied for all costs incurred whether charged on a direct or indirect basis.
10 B. Civil Rights
11 1. Compliance
12 SUBRECIPIENT agrees to comply with Title VI of the Civil Rights Act of
13 1964, as amended, Title VIII of the Civil Rights Act of 1968, as amended, Section 109 of the
14 Title I of the Housing and Community Development Act of 1974, Section 504 of the
15 Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination
16 Act of 1975, Executive Order 11063, and with Executive Order 11246, as amended by
17 Executive Orders 11375 and 12086.
18 2. Nondiscrimination
19 SUBRECIPIENT shall not discriminate against any employee or applicant
20 for employment because of race, color, creed, religion, ancestry, national origin, sex, disability
21 or other handicap, age, marital status, or status with regard to public assistance.
22 SUBRECIPIENT will take affirmative action to insure that all employment practices are free
23 from hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, and
24 termination discrimination. Such employment practices include but are not limited to the
25 following: rates of pay or other forms of compensation, and selection for training, including
26 apprenticeship. SUBRECIPIENT agrees to post in conspicuous places, available to employees
27 and applicants for employment, notices to be provided by the COUNTY setting forth the
28 provisions of this nondiscrimination clause.
29 3. Rehabilitation Act
30 SUBRECIPIENT agrees to comply with any federal regulations issued
31 pursuant to compliance with Section 504 of the Rehabilitation Act of 1973,. (29 U.S.C. 706)
32 which prohibits discrimination against the handicapped in any federally assisted program.
33 COUNTY shall provide SUBRECIPIENT with any guidelines necessary for compliance with that
34 portion of the regulations in force during the term of this CONTRACT.
35 C. Drug -Free Workplace 0
36 SUBRECIPIENT shall continue to provide a drug free workplace by:
37 1. Publishing a statement notifying employees that the unlawful
38 manufacture, distribution, dispensing, possession, or use of a controlled substance is
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1 prohibited in the SUBRECIPIENT's workplace and specifying the actions that will be taken
2 against employees for violation of such prohibition;
3 2. Establishing an ongoing drug -free awareness program to inform
4 employees about:
5 a. The dangers of drug abuse in the workplace;
6 b. The SUBRECIPIENT's policy of maintaining a drug -free workplace;
7 c. Any available drug counseling, rehabilitation, and employee
8 assistance programs;
9 d. The penalties that may be imposed upon employees for drug
10 abuse violations occurring in the workplace;
11 3. Making it a requirement that each employee engaged in the performance
12 of the grant be given a copy of the statement required by paragraph C.1;
13 4. Notifying the employee in the statement required by paragraph C.1. that,
14 as a condition of employment under the grant, the employee will:
15 a. Abide by the terms of the statement;
16 b. Notify the employer in writing of his or her conviction for a
17 violation of a criminal drug statute occurring in the workplace, no later than five (5) calendar
18 days after such conviction;
19 5. Notifying COUNTY in writing, within ten (10) calendar days after
20 receiving such notice as stated under paragraph C.4 (b) from an employee or otherwise
21 receiving actual notice of such conviction. Employers of convicted employees. must provide
22 notice, including position title, to every grant officer or other designee on whose grant activity
23 the convicted employee was working, unless COUNTY has designated a central point for the
24 receipt of such notices. Notice shall include the identification number(s) of each affected
25 grant; and,
26 6. Taking one of the following actions, within thirty (30) calendar days of
27 receiving notice, as stated under paragraph C.4 (b), with respect to any employee who is so
28 convicted:
29 a. Taking appropriate personnel action against such an employee, up
30 to and including termination, consistent with the requirements of the Rehabilitation Act of
31 1973, as amended; or,
32 b. Requiring such employee to participate satisfactorily in a drug
33 abuse assistance or rehabilitation program for such purposes by Federal, State, or local health,
34 law enforcement, or other appropriate agency.
35 D. Affirmative Action
36 SUBRECIPIENT agrees that it shall be committed to carry out an Affirmative
37 Action Program that encompasses the principles provided in President's Executive Order
38 11246, as revised on January 4, 2002.
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1 E. Americans with Disabilities Act
2 SUBRECIPIENT agrees to comply with any federal regulations issued pursuant to
3 compliance with the Americans with Disabilities Act which prohibits discrimination and ensures
4 equal opportunity for persons with disabilities in employment, State and local government
5 services and public accommodations.
6 F. Employment Restrictions
7 1. Prohibited Activity
8 SUBRECIPIENT is prohibited from using funds provided herein, or
9 personnel employed in the administration of the program, for: political activities, sectarian or
10 religious activities, lobbying, political patronage, and nepotism activities.
11 2. OSHA
12 Where employees are engaged in activities not covered under the
13 Occupational Safety and Health Act of 1970, they shall not be required or permitted to work,
14 be trained, or receive services in buildings or surroundings or under working conditions, which
15 are unsanitary, hazardous or dangerous to the participants' health or safety.
16 3. Labor Standards
17 a. SUBRECIPIENT agrees to contact COUNTY no less than fourteen
18 (14) days prior to bid opening date to seek consultation regarding application of requirements
19 per federal labor standards regulations or Davis -Bacon related Acts.
20 b. SUBRECIPIENT will comply with Davis -Bacon Act and /or State
21 Prevailing Wage requirements, when applicable.
22 c. SUBRECIPIENT agrees to comply with all applicable requirements
23 of the Secretary of Labor .in accordance with the Davis -Bacon Act, the provisions of Contract
24 Work Hours and Safety Standards Act, the Copeland "Anti- Kickback" Act (40 U.S.C. 276, 327-
25 333), and all other applicable federal, state and local laws and regulations pertaining to labor
26 standards. SUBRECIPIENT shall maintain all applicable documentation, which demonstrates
27 compliance with hour and wage requirements of this part. Such documentation shall be made
28 available to COUNTY for review upon request.
29 d. SUBRECIPIENT agrees that, except with respect to the
30 rehabilitation or construction of residential property designed for residential use for less than
31 eight (8) units, all contractors engaged in contracts of $2,000.00 or more for construction,
32 renovation or repair of any building or work financed in whole or in part with assistance
33 provided under this CONTRACT, shall comply with all applicable federal requirements including
34 Department of Labor regulations, under 29 CFR, Parts 3, 1, 5, 7 and 1926 governing the
35 payment of wages and ratio of apprentices and trainees to journeymen. Nothing hereunder is
36 intended to relieve SUBRECIPIENT of its obligation, if any, to require payment of the higher
37 rate under state or local laws, SUBRECIPIENT insert provisions meeting the requirements of
38 this paragraph in all such contracts.
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1 e. In cases where the Davis -Bacon Act applies, SUBRECIPIENT
2 agrees to submit the Construction Bid Package for this project to DIRECTOR for review and
3 written approval prior to advertising for bids and award of the construction Contract. Unless
4 prior written approval is received from DIRECTOR for modification SUBRECIPIENT shall
5 construct project in accordance with the approved Construction Bid Package.
6 4. California Labor Code Compliance
7 a. If Prevailing Wage laws apply, SUBRECIPIENT hereby agrees to
8 pay, or cause its subcontractors to pay, Prevailing Wage rates at all times for all construction,
9 improvements, or modifications to be completed for COUNTY under this CONTRACT.
10 SUBRECIPIENT herein agrees that SUBRECIPIENT shall post, or cause to be posted, a copy of
11 the most current, applicable Prevailing Wage rates at the site where the construction,
12 improvements, or modifications are performed.
13 b. Payroll Records
14 SUBRECIPIENT agrees that:
15 Certified copies of all payroll records for this project shall be
16 required pursuant to the provisions of California Labor Code "Section 1776 ". The reporting
17 format and words of certification shall be as indicated in Title 8 of the California Code of
18 Regulations Section 16401.
19 Certified copies of payroll records of all subcontractors working on
20 this project are required. It shall be the responsibility of the prime contractor to ensure
21 subcontractor compliance.
22 Certified copies of all payroll records shall be submitted on a
23 weekly basis to COUNTY through the duration of this CONTRACT.
24 SUBRECIPIENT acknowledges that failure to comply with Section
25 1776 may result in a forfeiture of twenty -five dollars ($25) for each calendar day, or portion
26 thereof, for each worker, until strict compliance is effectuated, and it should be recognized
27 that a contractor or subcontractor, or agent or representative thereof who neglects to comply
28 is guilty of a misdemeanor pursuant to California Labor Code Section 1777.
29 5. Economic Opportunities
30 a. Compliance
• 31 This Contract is subject to the requirements of 12 USC 1701u, the
32 HUD regulations issued pursuant thereto at 24 CFR 135.1 et. seq., and any applicable rules
33 and orders of HUD issued Federal Financial assistance shall be conditioned upon compliance
34 with 12 USC 1701u. Failure to fulfill these requirements shall subject SUBRECIPIENT and any
35 sub - subrecipients, their successors and assigns, to those remedies specified herein.
36 SUBRECIPIENT certifies and agrees that no conflict exists which would prevent compliance
37 with requirements.
38 The Contractor agrees to abide by 24 CFR, 135.38, below and will
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1 insert the following clause in any subcontracts executed with third parties for work covered by
2 this Contract:
3 "The work to be performed under this contract is subject to the requirements of
4 section 3 of the Housing and Urban Development Act of 1968, as amended, 12
5 U.S.C. 1701u (section 3). The purpose of section 3 is to ensure that employment
6 and other economic opportunities generated by HUD assistance or HUD - assisted
7 projects covered by Section 3, shall, to the greatest extent feasible, be directed to
8 low- and very low- income persons, particularly persons who are recipients of HUD
9 assistance for housing.
10 The parties to this contract agree to comply with HUD's regulations in 24 CFR part
11 135, which implement Section 3. As evidenced by their execution of this contract,
12 the parties to this contract certify that they are under no contractual or othe
13 impediment that would prevent them from complying with the part 135
14 regulations.
15 The contractor agrees to send to each labor organization or representative of
16 workers with which the contractor has a collective bargaining agreement or other
17 understanding if any, a notice advising the labor organization or workers'
18 representative of the contractor's commitments under this section 3 clause, and
19 will post copies of the notice in conspicuous places at the work site where both
20 employees and applicants for training and employment positions can see the
21 notice. The notice shall describe the section 3 preference, shall set forth minimum
22 number and job titles subject to hire, availability of apprenticeship and training
23 positions, the qualifications for each; and the name and location of the person(s)
24 taking applications for each of the positions; and the anticipated date the work
25 shall begin.
26 The contractor agrees to include this section 3 clause in every subcontract subject
27 to compliance with regulations in 24 CFR part 135, and agrees to take appropriate
28 action, as provided in an applicable provision of the subcontract or in this section 3
29 clause, upon a finding that the subcontractor is in violation of the regulations in 24
30 CFR part 135. The contractor will not subcontract with any subcontractor where the
31 contractor has notice or knowledge that the subcontractor has been found in
32 violation of the regulations in 24 CFR part 135.
33 The contractor will certify that any vacant employment positions, including training
34 positions, that are filled (1) after the contractor is selected but before the contract
35 is executed, and (2) with persons other than those to whom the regulations of 24
36 CFR part 135 require employment opportunities to be directed, were not filled to
37 circumvent the contractor's obligations under 24 CFR part 135.
38 Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions,
39 termination of this contract for default, and debarment or suspension from future
40 HUD assisted contracts.
41 With respect to work performed in connection with section 3 covered Indian
42 housing assistance, section 7(b) of the Indian Self - Determination and Education
43 Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under
44 this contract. Section 7(b) requires that to the greatest extend feasible (1)
45 preference and opportunities for training and employment shall be given to
46 Indians, and (ii) preference in the award of contracts and subcontracts shall be
47 given to Indian organizations and Indian -owned Economic Enterprises. Parties to
48 this contract that are subject to the provisions of section 3 and section 7(b) agree
49 to comply with section 3 to the maximum extent feasible, but not in derogation of
50 compliance with section 7(b)."
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1 6. Hatch Act
2 . SUBRECIPIENT agrees that no funds provided, nor personnel employed
3. under this CONTRACT, shall be in any way or to any extent engaged in the conduct of political
4 activities in violation of the Hatch Act, 5 U.S.C. Section 1501 et seq.
5 7. Conflict of Interest
6 SUBRECIPIENT agrees to abide by the provisions of 24 CFR 570.611,
7 OMB Circulars 102 and 110, as applicable, with respect to conflicts of interest, and covenants
8 that it presently has no financial interest and shall not acquire any financial interest, direct or
9 indirect, which would conflict in any manner or degree with the performance of services
10 required under this CONTRACT. SUBRECIPIENT further covenants that in th performance of
11 this CONTRACT no person having such a financial interest shall be employed or retained by
12 SUBRECIPIENT hereunder. These conflict of interest provisions apply to any person who is an
13 employee, agent, consultant, officer, or elected official or appointed official of COUNTY or
14 SUBRECIPIENT, or any designated public agencies which are receiving funds under the CDBG
15 Entitlement program.
16 G. Copyright
17 If this CONTRACT results in any copyrightable material, COUNTY and /or grantor
18 agency reserves the right to royalty -free, non - exclusive, and irrevocable license to reproduce,
19 publish or otherwise use and to authorize others to use, the work (i.e., photographs and the
20 like) for government purposes.
21 H. Religious Organization
22 In accordance with 24 CFR 570.200(j), SUBRECIPIENT shall not discriminate
23 against faith -based organizations in administering its federal HUD activities. However,
24 SUBRECIPIENT agrees that funds provided under this CONTRACT will not be utilized for
25 religious activities, to promote religious interest, or for the benefit of a religious organization in
26 accordance with 24 CFR 570.200(j)(2).
27 I. Excessive Force
28 SUBRECIPIENT shall adopt:
29 1. A policy prohibiting the use of excessive force by law enforcement agencies
30 within its jurisdiction against any individuals engaged in non - violent civil rights demonstrations;
31 and
32 2. A policy of enforcing applicable State and local laws against physically
33 barring entrance to, or exit from, a facility or location which is the subject of such non - violent
34 civil rights demonstrations within jurisdictions.
35 J. Anti - Lobbying
36 SUBRECIPIENT certifies that:
37 1. No Federal appropriated funds will be paid, by or on behalf of it, to any
38 person for influencing or attempting to influence an officer or employee of any agency, a
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1 Member of Congress, an officer or employee of congress, or an employee of a Member of
2 Congress in connection with the awarding of any Federal Contract, the making of any Federal
3 grant, the making of any Federal loan, the entering into of any Cooperative Agreement, and
4 the extension, continuation, renewal, amendment, or modification of any Federal Contract,
5 grant, loan, or Cooperative Agreement;
6 2. SUBRECIPIENT will complete and submit Standard Form -LLL "Disclosure
7 of Lobbying Activities," if any funds other than Federal appropriated funds have been paid, in
8 accordance with its instructions; and,
9 3. SUBRECIPIENT shall include subject anti - lobbying certification in award
10 documents for all sub - subrecipients at all tiers (including sub - subcontracts, sub - subgrants,
11 and Contracts under grants, loans, and Cooperative Agreements) and that all sub -
12 subrecipients shall certify and disclose accordingly.
13 XIII. ENVIRONMENTAL CONDITIONS
14 A. SUBRECIPIENT shall comply with HUD Environmental Review under HUD
15 regulations at 24 CFR 58 et seq., which implement the National Environmental Policy Act
16 (NEPA); and, the California Environmental Quality Act (CEQA). No costs shall be incurred and
17 no funds shall be disbursed prior to certification by COUNTY and /or HUD of environmental
18 compliance.
19 B. SUBRECIPIENT shall incur no costs for any project - related activity defined in
20 SUBRECIPIENT SCOPE OF SERVICES and COUNTY shall not disburse funds prior to certification
21 by COUNTY and /or HUD for environmental compliance.
22
23 C. SUBRECIPIENT shall provide requested materials to COUNTY for the
24 Environmental Review process required by applicable regulations.
25 D. Air and Water
26 SUBRECIPIENT agrees to comply with the following regulations insofar as they
27 apply to the performance of this CONTRACT:
28 1. Clean Air Act, 42 U.S.C., 1857, et seq.
29 2. Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, et seq.
30 3. Environmental Protection Agency (EPA) regulations pursuant to 40 CFR
31 50 and 40 CFR 58.
32 E. Flood Disaster Protection
33 SUBRECIPIENT agrees to comply with the requirements of the Flood Disaster Protection Act of
34 1973, including as applicable any regulations set forth in 24 CFR 55, in regard to the sale,
35 lease or other transfer of land acquired, cleared, or improved under the terms of this
36 CONTRACT, as it may apply to the provisions of this CONTRACT.
37 F. Lead -Based Paint
38 SUBRECIPIENT agrees that any construction or rehabilitation of residential
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• • Contract No. KC08797
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1 structures with assistance provided under this CONTRACT shall be subject to HUD Lead -Based
2 Paint Regulations at 24 CFR 570.608, and 24 CFR 35. Such regulations pertain to all HUD -
3 assisted housing and require that all owners, prospective owners, and tenants or properties
4 constructed prior to 1978 be properly notified with the "Protect Your Family From Lead In Your
5 Home" publication, found at http: / /www.epa.gov /lead that such properties may include lead -
6 based paint.
7 G. Historic Preservation
8 SUBRECIPIENT agrees to comply with the Historic Preservation requirements set
9 forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the
10 procedures set forth in 36 CFR 800, Protection of Historic Properties, insofar as they apply to
11 the performance of this CONTRACT.
12 In general, this requires concurrence from the State Historic Preservation Officer for all
13 rehabilitation and demolition of historic properties that are fifty years old or older or that are
14 included on a Federal, State, or local historic property list.
15 H. Energy Efficiency Standards
16 SUBRECIPIENT agrees to comply with the California Energy Commission
17 Assembly Bill 970, Title 24, Part I of the California Code of Regulations (AB970: Building
18 Efficiency Energy Standards), in regard to construction and property development, when
19 applicable.
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1 XIV. NOTICES
2 Any communication with COUNTY and SUBRECIPIENT concerning this CONTRACT shall
3 be directed as follows:
4 COUNTY:
5 County of Orange
6 OC Community Resources
7 1770 North Broadway
8 Santa Ana, California 92706 -2642 •
9 Attention: Chief, Community Development
10
11 SUBRECIPIENT:
12 City of Seal Beach
13 211 Eighth Street
14 Seal Beach, CA 90740
15 Attention: Lee Whittenberg
16
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Contract No. KC08797
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1
2 IN WITNESS WHEREOF, CITY has caused this CONTRACT to be executed by its Mayor and its
3 City Manager; COUNTY has caused this CONTRACT to be executed by the DIRECTOR of OC
4 Community Resources; all having been duly authorized by the City Council of SUBRECIPIENT
5 and the Orange County Board of Supervisors, respectively.
6
7 SUBRECIPIENT*:
8
9 City of Seal Beach,
10 a municipal corporation,
11 in the State of California
12
13 By: � By: e
14 Name: Charles Antos Name: David Carmany
15 Title: Mayor Title: City Manager
16 Date: Date:
17
18 *For Contractors /Vendors that are a corporation. Signature requirements are as follows:
19 1) One signature by the Chairman of the Board, the President or any Vice President,
20 And
21 2) One signature by the Secretary, any Assistant Secretary, the Chief Financial Officer
22 or an Assistant Treasurer.
23 For Contractors /Vendors that are not a corporation, the person who has authority to bind
24 the Contractor /Vendor to a CONTRACT must sign on one of the lines above.
25
26
27
28 COUNTY OF ORANGE, a political
29 su•• vision of the to of Ca ifornia
30 r
31 By: `\ �1.�
32 1
0 CTOR, OC Community Resources
33
34
35 Date: 10— —be
36
37
38 COUNTY COUNSEL,
39 APPROVAL AS TO FORM:
40
41 April 29, 2008
42
43
44
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. • Contract No. KC08797
IDIS No. 1797
1
2
3 COMMUNITY DEVELOPMENT BLOCK GRANT
4 SUBRECIPIENT SCOPE OF SERVICES
5 (Program Year 2008 -09)
6
7
8 This Scope of Services is part of the Contract between the County of Orange and City
9 of Seal Beach, SUBRECIPIENT, dated VAIN1 01 . It is incorporated into that Contract
10 as though fully set forth therein:
11
12 TITLE OF PROJECT: Leisure World ADA Housing Rehab Program
13 SUBRECIPIENT: City of Seal Beach
14 ACTIVITY: Housing Rehabilitation 570.202 (a) (1)
15 MATRIX CODE: 14A- Rehabilitation; Single -Unit Residential
16
17 I. SCOPE OF SERVICES
18 A. Activities
19 SUBRECIPIENT will be responsible for administering a Program Year 2008 -09
20 Community Development Block Grant project described as follows in a manner satisfactory to
21 the COUNTY and consistent with any standards required as a condition of providing these
22 funds:
23 Project Description
24 Funds will be used for the rehabilitation of approximately 30 -35 senior housing
25 units for modifications to the interior living space of each unit to provide seniors with greater
26 accessibility to restrooms, including shower stalls and sink areas as needed.
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-A1-
. Contact No. KC08797
IDIS No. 1797
1
2
3 B. In addition to the normal administrative services required as part of this
4 Contract, the SUBRECIPIENT agrees to meet the following level(s) of accomplishment:
5 Scope of Work
6 Use of Funds Level of Accomplishment
7 No. 1: Housing Rehabilitation 30 -35 Housing Units
8
9 C. National Objective
10 The subject activities are consistent in complying with the following national
11 objective as set forth in 570.208(a)(3).
12
13 Direct Benefit - Low and Moderate Income: Low Mod Housing.
14
15 D. Program Impact (outcomes): 1. Decent Housing
16
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 follows:
23
24 Housing Rehabilitation $200,000.00
25
26 Total $200,000.00
27
28 2. Funds shall be used for the following items: Costs relating to the
29 rehabilitation of the interior living space of each unit to provide greater accessibility to
30 restrooms.
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1
2 3. Line items identified in Section II.B.1. above are to be considered as
3 estimates. Compensation for costs incurred during the life of this contract may be
4 reallocated between said line items. Upon written request by SUBRECIPIENT and written
5 approval by the DIRECTOR, compensation may be reallocated to address any costs incurred
6 for previously unbudgeted uses eligible under the applicable State and Federal regulations,
7 particularly the Federal regulations at CFR 24 Part 570.202 (a) (1).
8
9
10 III. SUBRECIPIENT CONTACT
11 City of Seal Beach
12 211 Eighth Street
13 Seal Beach, CA 90740
14 Attention: Lee Whittenberg
15 Phone: (562) 431 -2527 Ext -1313
16 Fax: (562) 430 -8763
17
18
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36
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1
2 Attachment to Contract No. KC08797
3 IDIS No. 1797
4
5 OC COMMUNITY RESOURCES
6 Child Support Provisions
7
8
9
10 These Child Support Enforcement Provisions have been approved by the Orange County Board
11 of Supervisors and are hereby incorporated into Contract No. KC08797 at the direction of the
12 Director, OC Community Resources.
13
14
15 PROVISIONS
16 Child Support Enforcement Requirements
17 1. In order to comply with child support enforcement requirements of the
18 County of Orange, within 30 days of award of contract, contractor agrees to furnish to the
19 contract administrator:
20 a. In the case of an individual contractor, his /her name, date of
21 birth, Social Security number, and residence address;
22 b. In the case of a contractor doing business in form other than as
23 an individual, the name, date of birth, Social Security number, and residence address of each
24 individual who owns an interest of 10 percent or more in the contracting entity;
25 c. A certification that the contractor has fully complied with all
26 applicable federal and state reporting requirements regarding its employees; and
27 d. A certification that the contractor has fully complied with all
28 lawfully served Wage and Earnings Assignment Orders and Notices of Assignment and will
29 continue to so comply.
30
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- CS1 -
• •
1 Attachment to Contract No. KC08797
2 IDIS No.1797
3
4
5
6 2. The certification will be stated as follows:
7 "I certify that City of Seal Beach is in full compliance with all applicable
8 federal and state reporting requirements its employees and with all lawfully served
9 Wage and Earnings Assignment Orders and Notices of Assignment and will continue to
10 be in compliance throughout the term of Contract No. KC08797 with the County of
11 Orange. I understand that failure to comply shall constitute a material breach of the
12 contract and that failure to cure such breach within 60 calendar days of notice from
13 the County shall constitute grounds for termination of the contract without cost to the
14 County."
15 It is expressly understood that this data will be transmitted to
16 government agencies charged with the establishment and enforcement of child support orders
17 and for no other purposes.
18 Failure of the contractor to timely submit the data and /or certifications
19 required above or to comply with all federal and state reporting requirements for child support
20 enforcement or to comply with all lawfully served Wage and Earnings Assignment Orders and
21 Notices of Assignment shall constitute a material breach of the contract. Failure to cure such
22 breach within 60 calendar days of notice from the County shall constitute grounds for
23 termination of the contract.
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-CS2-
• •
1 Attachment to Contract No. KC08797
2 IDIS No.1797
3
4 ORANGE COUNTY CHILD SUPPORT ENFORCEMENT
5 CERTIFICATION REQUIREMENTS
6
7 A. In the case of an individual contractor, his /her name, date of birth, Social Security
8 number, and residence address:
9
10 Name:
11 D.O.B.:
12 Social Security No:
13 Residence Address:
14
15
16 B. In the case of a contractor doing business in a form other than as an individual, the
17 name, date of birth, Social Security number, and residence address of each individual
18 who owns an interest of 10 percent or more in the contracting entity:
19
20 Name:
21 D.O.B.:
22 Social Security No:
23 Residence Address:
24
25
26 Name:
27 D.O.B.:
28 Social Security No:
29 Residence Address:
30
31
32 Name:
33 D.O.B.:
34 Social Security No:
35 Residence Address:
36
37
38 OC Form 5 -21 -98
39
-CS3-
• •
1 Attachment to Contract No. KC08797
2 IDIS No.1797
4 CERTIFICATION OF COMPLIANCE
5
6
7
8
9
10 "I certify that 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. KC08797 or,
17
18 2) the Contract for City of Seal Beach Housing Rehabilitation with the County of
19 Orange. I understand that failure to comply shall constitute a material breach of the contract
20 and that failure to cure such breach within 60 calendar days of notice from the County shall
21 constitute grounds for termination of the contract without cost to the County."
22
23 By:
24 Authorized Signature
25 Name: David Carmany
26 Title: City Manager
27 r'
28
29 By: 1 L - Yttla
30 Authorized Signature
31 Name: Linda Devine
32 Title: City Clerk
33
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47
48
49 OC Certification 5 -21 -98
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