HomeMy WebLinkAboutORANGE COUNTY FIRE AUTHORITY - 2013 CDBGA-2013-173
AGREEMENT BETWEEN THE CITY OF SANTA ANA AND
ORANGE COUNTY FIRE AUTHORITY FOR USE OF
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
This Agreement, is hereby made and entered into this4f day of �-G �, 2013 by and
between the City of Santa Ana, a charter city and municipal corporation of the State of California
( "CITY ") and Orange County Fire Authority, a Joint Powers Authority organized pursuant to
California Government Code Section 6500 et seq., ( "SUBRECIPIENT").
RECITALS:
1. The CITY, as an entitlement recipient and grantee of the United States
Department of Housing and Urban Development ( "HUD ") Community Development Block
Grant ( "CDBG ") Project, desires to enter this Agreement with the SUBRECIPIENT for the
expenditure of CDBG fiords in accordance with Title 24, Part 570 of Code of Federal
Regulations 24 CFR 570.000, et seq. ( "CDBG BEGS ").
2. CITY has applied for and received CDBG funds from HUD pursuant to Title I of
the Housing and Community Development Act of 1974, Public Law 93 -383, as amended
( "ACT").
3. The SUBRECIPIENT assumed Fire /EMS services for the CITY in April 2012.
SUBRECIPIENT has been selected by the CITY to receive CDBG funds for public facility
improvements to the City owned Fire Stations and to provide the services described in the
Statement of Work and Capital Improvement 'Plan attached hereto and incorporated herein as
Exhibit A, in accordance with the schedule of performance included therein, hereinafter referred
to as "said Project". SUBRECIPIENT represents that it is qualified and willing to oversee said
Project and certifies that the activities carried out with funds provided under this Agreement will
meet one or more of the CDBG program's National Objectives (24 CFR Part 570.208).
4. The CITY and SUBRECIPIENT have duly executed this Agreement for the
expenditure of such funds.
WHEREFORE, it is agreed by and between the parties drat the foregoing Recitals are a.
substantive part of this Agreement and the following terms and conditions are approved and
together with all exhibits and attachments hereto, shall constitute the entire Agreement between the
CTTY and SUBRECIPIENT:
I. SUBRECIPIENT'S OBLIGATIONS
A. Status - Representations and Warranties.
(1) Authority. SUBRECIPIENT is a duly organized and existing Joint Powers
Authority ( "JPA ") in good standing and authorized to do business under the laws of the State of
California. SUBRECIPIENT has full right, power and lawful authority to accept the funding
hereunder and to undertake all obligations as provided herein and the execution, performance and
953911.1
1
delivery of this Agreement by SUBRECIPIENT, and has been fully authorized by all requisite
actions on the part of SUBRECIPIENT.
(2) Experience. SUBRECIPIENT is a qualified provider of the services to be
provided hereunder.
(3) Familiarity With Services Required. By execution of this Agreement,
SUBRECIPIENT warrants that (i) it has thoroughly investigated and considered the services to be
performed and provided hereunder, (ii) it has carefully considered how the services should be
performed, and (iii) it fully understands the facilities, difficulties and restrictions attending
performance of the services under this Agreement.
(4) No Conflict. To the best of SUBRECIPIENT'S knowledge,
SUBRECIPIENT'S execution, delivery and performance of its obligations under this Agreement
will not constitute a default or a breach under any contract, agreement or order to which
SUBRECIPIENT is a party or by which it is bound.
(5) No Bankruptcy. SUBRECIPIENT is not the subject of any current or
threatened bankruptcy proceeding.
(6) No Pending Legal Proceedings. SUBRECIPIENT is not the subject of a
current or threatened litigation that would or may materially affect SUBRECIPIENT'S performance
under this Agreement.
(7) Application Veracity. All provisions of and information provided in
SUBRECIPIENT'S application for funding submitted to CITY including any exhibits are true and
correct in all material respects.
(8) No Pending Investigation. SUBRECIPIENT is not aware that it is the
subject of any current or threatened criminal or civil action investigation by any public agency,
including without limitation a police agency or prosecuting authority, that would relate to or affect
performance of the Agreement or provision of services hereunder.
B. Amount of Grant and Grant Disbursement. The amount granted to
SUBRECIPIENT hereunder is Eight Hundred Ninety Thousand Dollars ($890,000.00) ( "CDBG
FUNDS "), and such funds shall be expended by SUBRECIPIENT on or before December 31, 2014.
The CDBG FUNDS shall be disbursed by CITY to SUBRECIPIENT upon receipt and approval of
a complete quarterly activity report from SUBRECIPIENT, with the final payment subject to the
satisfaction of the condition precedent of submittal of complete reporting information, as hereinafter
more fully set forth. SUBRECIPIENT shall be obligated to perform such duties as would normally
extend beyond the term, including but not limited to obligations with respect to indemnification,
audits, reporting, data retention/reporting, and accounting.
C. Use of the CDBG FUNDS. SUBRECIPIENT agrees to use all federal funds
provided by CITY to SUBRECIPIENT pursuant to this Agreement to operate said Project, as set
forth in the Statement of Work and Capital Improvement Plan ( "Exhibit A ") attached hereto and by
this reference incorporated herein. SUBRECI'PIENT'S failure to perform as required may, in
953911.1
2
addition to other remedies set forth in this Agreement, result in readjustment of the amount of funds
CITY is otherwise obligated to pay to SUBRECIPIENT hereunder.
D. Allowable Costs. SUBRECIPIENT agrees to complete said Project on or before
December 31, 2014 and to use said funds to pay for necessary and reasonable costs allowable under
the federal law and regulations to perform said Project. Said amounts shall include, but not be
limited to, wages, administrative costs, and employee benefits comparable to other similarly situated
employees. Other allowable project costs are detailed in, as set forth in the Statement of Work and
Capital Improvement Plan ( "Exhibit A ") attached hereto and by this reference incorporated herein.
SUBRECIPIENT shall use all income received from said funds only for the same purposes for
which said funds maybe expended pursuant to the terms and conditions of this Agreement.
E. Licensing. SUBRECIPIENT agrees to obtain and maintain all required licenses,
registrations, accreditation and inspections from all agencies governing its operations.
SUBRECIPIENT shall ensure that its staff shall also obtain and maintain all required licenses,
registrations, accreditation and inspections from all agencies governing SUBRECIPIENT's
operations hereunder. Such licensing requirements include obtaining a City business license, as
applicable.
F. Zoning. SUBRECIPIENT agrees that any facility /property used in furtherance of
said Project shall be specifically zoned and permitted for such use(s) and acfivity(ies). Should
SUBRECIPIENT fail to have the required land entitlement and /or permits, thus violating any local,
state or federal rules and regulations relating thereto, SUBRECIPIENT shall immediately make
good -faith efforts to gain compliance with local, state or federal rules and regulations following
written notification of said violation(s) from the CITY or other authorized citing agency.
SUBRECIPIENT shall notify CITY immediately of any pending violations. Failure to notify CITY
of pending violations, or to remedy such known violation(s) shall result in termination of grant
funding hereunder. SUBRECIPIENT must make all corrections required to bring the
facility /property into compliance with the law within sixty (60) days of notification of the
violation(s); failure to gain compliance within such time shall result in termination of grant funding
hereunder.
G. Separation of Accounts. All funds received by SUBRECIPIENT from CITY
pursuant to this Agreement shall be maintained in an account in a federally insured banking or
savings and loan institution with record keeping of such accounts maintained pursuant to applicable
OMB Circular A -110 requirements. SUBRECIPIENT is not required to maintain separate
depository accounts for the CDBG FUNDS; provided however, the SUBRECIPIENT must be able
to account for receipt, obligation and expenditure of CDBG FUNDS pursuant to applicable OMB
Circular A -110 requirements.
H. Audit Report Requirements. SUBRECIPIENT agrees that if SUBRECIPIENT
receives Three Hundred Thousand Dollars ($300,000.00) or more in federal funds,
SUBRECIPIENT shall have an annual audit conducted by a certified public accountant in
accordance with the standards as set forth and published by the United States Office of Management
and Budget. SUBRECIPIENT shall provide CITY with a copy of said audit by October 1 of the
year following the program year in which this Agreement is executed.
953911.1
3
I. Record Keeping/Reporting. SUBRECIPIENT shall keep and maintain complete and
adequate records and reports to assist CITY in meeting and maintaining its record keeping
responsibilities wider the CDBG REGS, including the following:
(1) Records.
a. Documentation evidencing program income requirements in
conformity with 24 CFR 570.504(b)(2)(i), (ii) and 24 CFR
570.503(b)(3).
b. Documentation of all CDBG FUNDS received from CITY.
C. Documentation of expenses as identified in the Capital hnprovement
Plan, including evidence of incurring the expense, invoices for goods
or services, copies of any and all contracts or documentation
pertaining to costs for subcontractors, plus all other invoices for
which CDBG FUNDS were expended, and any payments therefor.
d. Any such other related records as CITY shall reasonably require or
as required to be maintained pursuant to the CDBG REGS.
(2) Reports.
a. Payment Request: SUBRECIPIENT shall submit true copies of
invoices, receipts, agreements, copies of any and all contracts or
documentation pertaining to costs for subcontractors or other
documentation supporting and evidencing how the CDBG FUNDS
have been expended during the applicable period.
b. Semi - Annual Reporting: On October 5 and April 5,
SUBRECIPIENT shall submit information needed for the CITY to
complete the Semi - Annual Labor Standards Enforcement Report
(HUD Form 4710).
C. Annual Report: On July 31, SUBRECIPIENT shall submit
information needed for the CITY to complete the Section 3 —
Economic Opportunities for Low- and Very Low - Income Persons
Report (HUD Form 60002) and Minority Business
Enterprise /Women Owned Enterprise Report (HUD Form 2516).
J. Access to Records. CITY and the United State Government and/or their
representatives shall have access for purposes of monitoring, auditing, and examining
SUBRECIPIENT's activities and performance, to books, documents and papers, and the right to
examine records of SUBRECIPIENT's subcontractors, bookkeepers and accountants, employees
and participants in regard to said project. CITY and the United States Government and /or their
representatives shall also schedule on -site monitoring at their discretion. Monitoring activities may
also include, but are not limited to, questioning employees and participants in said project and
953911.1
4
entering any premises or any site in which any of the services or activities funded hereunder is
conducted or in which any of the records of SUBRECIPIENT are kept. Nothing herein shall be
construed to require access to any privileged or confidential information as set forth in federal or
state law.
K. Location of Records/Required Length of Record Keeping. All accounting records,
reports, and evidence pertaining to all costs, expenses and the CDBG FUNDS of SUBRECIPIENT
and all documents related to this Agreement shall be maintained and kept available at
SUBRECIPIENT' S office or place of business for the duration of the Agreement and thereafter for
five (5) years after completion of an audit in conformity with the CDBG REGS. Records which
relate to (a) complaints, claims, administrative proceedings or litigation arising out of the
perfonnance of this Agreement, or (b) costs and expenses of this Agreement to which CITY or any
other governmental agency takes exception, shall be retained beyond the five (5) years until
complete resolution or disposition of such appeals, litigation claims, or exceptions. In the event
SUBRECIPIENT does not make the above - referenced documents available within the city of Santa
Ana, California, SUBRECIPIENT agrees to pay all necessary and reasonable expenses incurred by
CITY in conducting any audit at the location where said records and books of account are
maintained.
L. Compliance with Law/Program Income. SUBRECIPIENT acknowledges that the
funds being provided by CITY for said Project are received by CITY pursuant to the ACT as
amended and that expenditures of these funds shall be in accordance with the ACT and all pertinent
regulations issued by agencies of the federal government, including, but not limited to, all
regulations found at Title 24 of the Code of Federal Regulations and specifically 24 CFR
570.504(c). Program income received by SUBRECIPIENT shall be returned to CITY unless
otherwise provided for in this Agreement. At the end of the program year, CITY may require
remittance of all or part of any program income balances (including investments thereof) held by
SUBRECIPIENT. SUBRECIPIENT agrees to comply fully with all federal, state and local laws
and court orders applicable to its operation whether or not referred to in this Agreement.
M. Standing. SUBRECIPIENT shall be in good standing, without suspension by the
California Secretary of State, Franchise Tax Board and Internal Revenue Service. Any change in
the corporate status or suspension of SUBRECIPIENT shall be reported immediately to CITY.
N. Confidentiality. Without prejudice to any other provisions of this Agreement,
SUBRECIPIENT shall, where applicable, maintain the confidential nature of information provided
to it concerning participants in accordance with the requirements of federal and state law. However,
SUBRECIPIENT shall submit to CITY and or HUD or its representatives, all records requested,
including audit, examinations, monitoring and verifications of reports submitted by
SUBRECIPIENT, costs incurred and services rendered hereunder.
O. Independent Contractor. For purposes of implementing this Agreement,
SUBRECIPIENT agrees that the performance of obligations hereunder is rendered in its capacity as
an independent contractor and that it is in no way an agency of CITY. Notwithstanding the
foregoing, this Agreement shall not diminish or affect the rights and responsibilities between CITY
and SUBRECIPIENT as it respects CITY's status as a member of the Orange County Fire
9539111
I
Authority
P. Violation of Terms and Conditions. SUBRECIPIENT agrees that if
SUBRECIPIENT violates any of the terms and conditions of this Agreement or any prior
Agreement whereby CDBG funds were received by SUBRECIPIENT, or if SUBRECIPIENT
reports inaccurately, or if on audit there is a disallowance of certain expenditures, SUBRECIPIENT
agrees to remedy the acts or omissions causing the disallowance and repay CITY all amounts spent
in violation thereof. If SUBRECIPIENT engaged in fraudulent activity to obtain and/or justify
expenditure of the CDBG FUNDS granted hereunder, SUBRECIPIENT shall be required to
reimburse the CITY of all such funds that were obtained /spent under fraudulent circumstances.
Q. Equiirment. SUBRECIPIENT agrees not to use the CDBG FUNDS for the
purchase of equipment.
R. Prohibited Use. SUBRECIPIENT hereby certifies and agrees that it will not use the
CDBG FUNDS provided through this Agreement to pay for entertainment, meals or gifts.
S. Lobbying. SUBRECIPIENT certifies that it will comply with federal law
(31 U.S.C. 1352) and regulations found at 24 CFR Part 87, which provide that no appropriated
funds may be expended by the recipient of a federal contract, grant, loan or cooperative agreement
to pay any person for influencing or attempting to influence an officer or employee of any agency,
Member of Congress, or an officer or employee of a Member of Congress in connection with
awarding of any federal contract, the making of any federal grant or loan, entering into any
cooperative agreement and the extension, renewal, amendment or modification of any federal
contract, grant, loan or cooperative agreement. SUBRECIPIENT shall sign a certification to that
effect in a form as set forth in "Exhibit C," attached hereto and by this reference incorporated
herein. SUBRECIPIENT shall submit said signed certification to CITY prior to performing any of
its obligations under this Agreement and prior to any obligation arising on the part of CITY to pay
any sums to SUBRECIPIENT under the terms and conditions of this Agreement.
If any fiends other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a Member
of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall
complete and submit a "Disclosure 'Form to Report Lobbying," in accordance with its instructions
(see C -1).
T. Financial Interest. SUBRECIPIENT agrees that except for the use of the CDBG
FUNDS to pay salaries and other related administrative or personnel costs, no persons who exercise
or have exercised any function with respect to CDBG activities assisted under the terns of this
Agreement, or who are in a position to participate in a decision - making process or gain inside
information with regard to such activities, may obtain a financial interest or benefit from a CDBG-
assisted activity of SUBRECIPIENT, either for themselves or those with whom they have family or
business ties, during their tenure or for one year thereafter. This prohibition applies to any person
who is an employee, agent, consultant, officer, or elected or appointed official of CITY, or of any
designated public agencies, or the SUBRECIPIENT.
953911.1
6
U. Davis -Bacon Act/ Section 3 Compliance. All laborers and mechanics employed by
contractors or subcontractors in the performance of construction work, including alterations and
repairs, in excess of $2,000.00, financed in whole or in part with federal funds shall be paid wages
at rates not less than those prevailing on similar construction in the locality as determined in
accordance with the Davis -Bacon Act, as amended, 40 U.S.C. sections 276a - 276a -5. Any such
construction contract shall include and comply with the required contract provisions and rules set
forth in 29 C.F.R. §5.5. Further, the payroll reports (along with the "Statement of Compliance ") and
basic records are required to be maintained and submitted, or made available, pursuant to 29 C.F.R.
§5.5(a)(3). No payment, advance, grant, loan or guarantee of funds shall be approved by the federal
agency unless there is on file with the agency a certification by the contractor that the contractor and
its subcontractors have complied with the provisions of 29 C.F.R. §5.5. A breach of the contract
clauses in 29 C.F.R. §5.5 may be grounds for termination of the contract, and for debarment as a
contractor /subcontractor, as provided in 29 C.F.R. §5.12. Labor standards interviews /investigations
shall be made as necessary to assure compliance [29 C.F.R. §5.6(a)(3)].
V. Economic Opportunities for Low Income Persons. SUBRECIPIENT certifies that, to
the greatest extent feasible, and consistent with existing Federal, State, and local laws and
regulations, employment and other economic opportunities generated by the CDBG Funds
disbursed pursuant to this Agreement will be directed toward low- and very low- income persons in
accordance with Section 3 of the Housing and Urban Development Act of 1968 (12 USC 1701u).
Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of
this contract for default, and debarment or suspension from future HUD assisted contracts.
W. Drug Free Workplace. SUBRECIPIENT certifies that it has established the
following drug -free workplace policy:
(1) The unlawful manufacture, distribution, dispensing, possession or use of a
controlled substance is prohibited in the workplace for any employee
involved in a federally funded project.
(2) As an employee working in conjunction with a federally funded program,
the employees of SUBRECIPIENT will be required to:
a. Abide by the terms above in statement 1.
Notify appropriate officials of SUBRECIPIENT and CITY officials
of any criminal drug statute conviction for a violation occurring in
the workplace not later than five days after such conviction.
(3) The CITY and the United
Development will be notified
such violation.
State Department of Housing and Urban
within ten days after receiving notice of any
(4) Within 30 days of receiving such notice, appropriate personnel action will
be taken against such employee, up to and including termination.
Each such employee shall be required to participate satisfactorily in a drug abuse assistance
or rehabilitation program approved for such purposes by a federal, state or local health, law
953911.1
enforcement, or other appropriate agency
X. Uniform Administrative Requirements. SUBRECIPIENT must comply with
applicable uluform administrative requirements, as described in 24 CFR 570.502.
Y. Other Program Requirements. SUBRECIPIENT agrees to cant' out said Project in
compliance with all Federal laws and regulations described in subpart K of the CDBG REGS
(24 CFR 570.600 -614) except as otherwise stated in 24 CFR 570.503(5)(i) -(ii).
II. CITY'S OBLIGATIONS
A. Payment of Funds. Upon execution of this Agreement by SUBRECIPIENT, CITY
shall pay to SUBRECIPIENT from CDBG FUNDS received from HUD, for CITY's CDBG
program, the amounts expended by SUBRECIPIENT in carrying out said Project for fiscal year
2013 -14 pursuant to this Agreement up to a maximum aggregate payment of Eight Hundred Ninety
Thousand Dollars ($890,000.00) in installments as determined by CITY. Payments shall be made
to SUBRECIPIENT through the submission of invoices, detailing such expenses. CITY shall pay
such invoices within thirty (30) days after receipt thereof provided CITY is satisfied that such
expenses have been incurred and documented within the scope and provisions of this Agreement
and that SUBRECIPIENT is in compliance with the terms and conditions of this Agreement.
B. Audit of Account. CITY shall include an audit of the account maintained by
SUBRECIPIENT in CITY's annual audit of all CDBG FUNDS in accordance with Title 24 of the
Code of Federal Regulations and other applicable federal laws and regulations.
C. Common Rule: Pursuant to 24 CFR 85.40(a), the CITY manages the day -to -day
operations of each grant and subgrant supported activities. CITY staff has detailed knowledge of the
grant program requirements and monitors grant and subgrant supported activities to assure
compliance with Federal requirements. Such monitoring covers each program, function and activity
and performance goals are reviewed periodically.
D. Environmental Review: In accordance with 24 CFR Part 58, the CITY is
responsible for undertaking environmental review and maintaining environmental review records
for each applicable project.
E. Performance Monitoring: CITY shall monitor the perfonmance of the
SUBRECIPIENT against goals and performance standards required herein. Substandard
performance as determined by the CITY will constitute non - compliance with this Agreement. If
action to correct such substandard performance is not taken by the SUBRECIPIENT within a
reasonable period of time after being notified by the CITY, contract suspension or termination
procedures will be initiated.
III. NONDISCRIMINATION
SUBRECIPIENT agrees that no person on the ground of race, age, color, national origin,
disability, religion or sex will be excluded from participation in, be denied the benefits of, or be
subjected to discrimination under any program or activity funded in whole or in part with CDBG
953911.1
M
FUNDS.
IV. CONFLICT OF INTEREST
Pursuant to the conflict of interest requirements set forth in 24 CFR 570 -611 and OMB
Circulars 1 -102 and A -110, SUBRECIPIENT agrees that no officer, employee, agent or assignee of
CITY having direct or indirect control of any CDBG monies granted to the CITY, inclusive of the
subject CDBG FUNDS, shall serve as an officer of SUBRECIPIENT. Further, any conflict or
potential conflict of interest of any officer of SUBRECIPIENT shall be fully disclosed in writing
prior to the execution of this Agreement and said writing shall be attached and deemed fully
incorporated as a part hereof. Notice shall be sent by SUBRECIPIENT to CITY regarding any
changes or modifications to its board of directors and list of officers.
N
SUBRECIPIENT agrees not to hire or permit the hiring of any person to fill a position
funded through this Agreement if a member of that person's immediate family is employed in an
administrative capacity by SUBRECIPIENT. For the purposes of this section, the tern "immediate
family" means spouse, child, mother, father, brother, sister, brother -in -law, sister -in -law, father -in-
law, mother -in -law, son -in -law, daughter -in -law, aunt, uncle, niece, nephew, stepparent and
stepchild. The term "administrative capacity" means having selection, hiring, supervisor or
management responsibilities.
VI. NOTICES
Notices to the parties shall, unless otherwise requested in writing, be sent by U.S. Mail,
postage prepaid, and addressed as follows:
TO CITY: City of Santa Ana
Community Development Agency (M -25)
20 Civic Center Plaza
P.O. Box 1988
Santa Ana, California 92702 -1988
TO SUBRECIPIENT: Orange County Fire Authority
1 Fire Authority Road
Irvine, CA 92602
Attn: Scott Brown, Division Chief
VII. ASSIGNABILITY
None of the duties of, or work to be performed by, SUBRECIPIENT under this Agreement
shall be subcontracted or assigned to any agency, consultant, or person without the prior written
consent of CITY. SUBRECIPIENT must submit all subcontracts and other agreements that relate
to this Agreement to CITY. No subcontract or assignment shall terminate or alter the legal
obligations of SUBRECIPIENT pursuant to this Agreement.
953911.1
9
VIII. HOLD HARMLESS
SUBRECIPIENT shall indemnify, defend and save harmless CITY, its officers, employees,
agents, representatives and volunteers from and against any and all damages to or for loss of use of
property and for injuries to or death of any person or persons, including property and employees or
agents of CITY, and shall defend, indemnify and save harmless CITY, its officers, employees,
agents, representatives and volunteers from and against any and all claims, demands, suits, actions
or proceedings of any kind or nature, including, but not by way of limitation, workers compensation
claims and including attorney fees and reasonable expenses for litigation or settlement, resulting
from or arising out of the negligent or wrongful acts, errors or omissions of SUBRECIPIENT, its
officers, directors, employees, agents, subcontractors and suppliers arising out of
SUBRECIPIENT's performance of this Agreement.
IX. INSURANCE
SUBRECIPIENT represents that it is self - insured with limits not less than one million
dollars ($1,000,000) per accident for worker's compensation claims. Furthermore,
SUBRECIPIENT represents that it participates in the Fire Agencies Insurance Risk Authority
(FAIRA) pooled group general liability insurance program, and that through FAIRA,
SUBRECIPIENT maintains general liability coverage with a combined single limit of not less
than one million dollars ($1,000,000) per occurrence. SUBRECIPIENT shall: (a) prior to
exercising any right under this Agreement furnish CITY with a letter setting forth its self-insured
retention and a summary of its coverage under FAIRA; (b) not materially change or terminate
such insurance except on 30 days prior written notice to the CITY; and (c) maintain such
insurance for the period covered by this Agreement. SUBRECIPIENT's insurance shall be
primary with respect to insurance of self - insurance programs maintained by the CITY.
X. REVERSION OF ASSETS
A. Upon the expiration of this Agreement, SUBRECIPIENT shall transfer to CITY any
CDBG funds on hand at the time of the expiration of this Agreement as well as any accounts
receivable attributable to the use of CDBG funds. (24 CFR 570.503(b)(7).)
B. Any real property under SUBRECIPIENT's control that was acquired or unproved
in whole or in part with CDBG funds in excess of $25,000.00 must either be:
953911.1
(1) Used to meet one of the national objectives stated in 24 CFR 570.208 until
five (5) years after expiration of this Agreement, or for such longer period of
time as determined to be appropriate by CITY; or
(2) Not used in accordance with subparagraph I above, in which event
SUBRECIPIENT shall pay to CITY an amount equal to the current fair
market value of the property less any portion of the value attributable to the
expenditure of non -CDBG FUNDS for acquisition of, or improvement to,
the property. Such payment is program income to CITY. No such payment
is required following the period of times specified pursuant to subparagraph
10
I above.
C. Subject to the obligations set forth herein, title to equipment acquired under the
tenns of this Agreement will vest upon acquisition in SUBRECIPIENT. When said equipment
which has been acquired in accordance with this Agreement and all applicable regulations is no
longer needed for said project, disposition of said equipment will be made as follows:
(1) Items of equipment with a current per unit fair market value of less than
$5,000.00 may be retained, sold or otherwise disposed of with no further
obligation to CITY.
(2) Items of equipment with a current fair market per unit value of $5,000.00 or
more may be retained or sold and CITY shall have the right to an amount
calculated by multiplying the current market value or proceeds from the sale
by CITY's share of federal funds used to acquire the equipment, in
accordance with 24 CFR 85.32(e)(2).
SUBRECIPIENT's obligations and responsibilities set forth in this paragraph
"X. REVERSION OF ASSETS," and in paragraph "XI. TERMINATION" and other
requirements pertaining to program income shall not be affected by the termination of this
Agreement and shall survive the date of termination of this Agreement for such period of time as
CITY and /or HUD deems necessary for the responsibilities, duties and obligations to be performed
and completed to the satisfaction of CITY and HUD.
XI. TERMINATION
A. This Agreement may be terminated on thirty (30) days' written notice by either
party. In the event of such termination, SUBRECIPIENT shall only be entitled to reimbursement
for approved expenses incurred to the effective date of termination.
B. This Agreement may be suspended or terminated by CITY upon five (5) days'
written notice for violation by SUBRECIPIENT of Federal Laws governing the use of Community
Development Block Grant Funds. In the event of such suspension or termination, SUBRECIPIENT
shall only be entitled to reimbursement for approved expenses incurred up to the effective date of
suspension or termination.
C. Pursuant to 24 CFR 85.43, in the event SUBRECIPIENT defaults by failing to fulfill
all or any of its obligations hereunder, CITY may declare a default and termination of this
Agreement by written notice to SUBRECIPIENT, which default and termination shall be effective
on a date stated in the notice which is to be not less than ten (10) days after certified mailing or
personal service of such notice, unless such default is cured before the effective date of termination
stated in such notice. If terminated for cause, CITY shall be relieved of further liability or
responsibility under this Agreement, or as a result of the termination thereof, including the payment
of money, except for payment for approved expenses incurred for services satisfactorily and timely
performed prior to the mailing or service of the notice of termination, and except for reimbursement
of (1) any payments made for services not subsequently performed in a timely and satisfactory
953911.1
II
manner, and (2) costs incurred by CITY in obtaining substitute performance.
D. The grant of funds under this Agreement may be terminated for convenience in
accordance with 24 CFR 85.44.
E. In the event this Agreement is terminated as set forth in subparagraphs XI.A.
through XI.D., inclusive, SUBRECIPIENT agrees to immediately return to CITY upon CITY's
demand and prior to any adjudication of SUBRECIPIENT's rights, any and all CDBG FUNDS not
used, and to comply with paragraph "X. REVERSION OF ASSETS" of this Agreement.
XII. LIMITATION OF FUNDS
The United States of America, through HUD, may in the future place programmatic or fiscal
limitations on the use of CDBG funds which limitations are not presently anticipated. Accordingly,
CITY reserves the right to revise this Agreement in order to take account of actions affecting HUD
program funding. In the event of funding reduction, CITY may, in its sole and absolute discretion,
reduce the budget of this Agreement as a whole or as to costs category, may limit the rate of
SUBRECIPIENT's authority to commit and spend funds, or may restrict SUBRECIPIENT's use of
both its uncommitted and its unspent funds. Where HUD has directed or requested CITY to
implement a reduction in funding, in whole or as to a cost category, with respect to funding for this
Agreement, CITY's City Manager or delegate is authorized to act for CITY in implementing and
effecting such a reduction and in revising, modifying, or amending the Agreement for such
purposes. If such a reduction in funding occurs, SUBRECIPIENT shall be permitted to de -scope
accordingly. Where CITY has reasonable grounds to question SUBRECIPIENT's fiscal
accountability, financial soundness, or compliance with this Agreement, CITY may suspend the
operation of this Agreement for up to sixty (60) days upon five (5) days written notice to
SUBRECIPIENT of its intention to so act, pending an audit or other resolution of such questions.
In no event, however, shall any revisions made by CITY affect expenditures and legally binding
commitments made by SUBRECIPIENT before it received notice of such revision, provided that
such amounts have been committed in good faith and are otherwise allowable and that such
commitments are consistent with HUD cash withdrawal guidelines.
XIII. EXCLUSIVITY AND AMENDMENT OF AGREEMENT
This Agreement supersedes any and all other agreements, either oral or in writing, between
the parties hereto with respect to the use of CITY's CDBG funds by SUBRECIPIENT and contains
all the covenants and agreements between the parties with respect to such employment in any
manner whatsoever. Each parry to this Agreement aelmowledges that no representations,
inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone
acting on behalf of any party, which are not embodied herein, and that no other agreement or
amendment hereto shall be effective unless executed in writing and signed by both CITY and
SUBRECIPIENT.
XIV. LAWS GOVERNING THIS AGREEMENT
This Agreement shall be governed by and construed in accordance with the laws of the State
of California, and all applicable federal laws and regulations.
953911.1
12
XV. VALIDITY
The invalidity in whole or in part of any provision of this Agreement shall not void or affect
the validity of any other provision of this Agreement.
XVI. MISCELLANEOUS PROVISIONS
A Each undersigned represents and warrants that its signature herein below has the
power, authority and right to bind their respective parties to each of the terms of this Agreement,
and shall indemnify CITY or SUBRECIPIENT fully, including reasonable costs and attorney's fees,
for any injuries or damages to CITY or SUBRECIPIENT in the event that such authority or power
is not, in fact, held by the respective signatory or is withdrawn.
B. All Exhibits and Attachments referenced herein and attached hereto shall be
incorporated as if fully set forth in the body of this Agreement.
C. No delay or omission by either party hereto to exercise any right or power accruing
upon any noncompliance or default by the other party with respect to any of the terms of this
Agreement shall impair any such right or power or be construed to be a waiver thereof. A waiver
by either of the parties hereto of any of the covenants, conditions, or agreements to be performed by
the other shall not be construed to be a waiver of any succeeding breach thereof or of any other
covenant, condition or agreement herein contained.
953911.1
13
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the last date and
year written below.
ATTEST: CITY OF SANTA ANA
Maria D. Huizar David Cavazos
Clerk of the Council City Manager
Date: lAPI �M
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
-
By: LISA E. STORCK
Assistant City Attorney
ATTEST: ORANGE COUNTY FIRE AUTHORITY
Sherry/% ✓ Steven Weinberg
Clerk 'the o rd Board Chair
Date: 71 "/ 3
APPROVED AS TO FORM:
DAVID E. KENDIG
General Counsel
953911.1
14
Exhibit A
ORANGE COUNTY FIRE AUTHORITY
P.O. Box 57115, Irvine, CA 92619 -7115 • 1 Fire Authority Road, Irvine, CA 92602
Keith Richter, Fire Chief (714) 573 -6000 www.ocfa.org
DATE: June 17, 2013
TO: Kevin O'Rourke, Interim City Manager
FROM: Scott Brown, Division Chief, OCFA/City of Santa Ana Fire Services
SUBJECT: Capital Improvement Plan, City Owned Fire Facilities
Summary:
This item is submitted for discussion and subsequent policy direction for utilization of CDBG
funding allocated for City owner fire facilities.
Policy Discussion(s):
1. Assess pending Capital Improvement projects for (10) Santa Ana Fire station facilities
2. Direct staff to review project(s) as identified by OCFA (enclosed in this report)
3. Determine if projects meet funding criteria.
4. Re- authorize expenditures as identified in CDBG — Public Facility Improvement —
fire station fund
5. Develop project timeline for completion of identified CIP related projects for
Fire facilities
Background:
In April 2012, the Orange County Fire Authority assumed Fire/ EMS services for the
City of Santa Ana. Ten fire stations are strategically located within the City providing fire
and ems emergency response within the City. The OCFA property management section
conducted a cursory review of (10) Santa Ana Fire Stations to assess/ evaluate overall
conditions of the facilities, the inspection included the following functional areas;
• Electrical
• Plumbing HVAC
• Emergency Generators
• Roofs
• Apparatus Bay Doors
• Diesel Exhaust Collection
• Underground Storage Tanks
• Dorm, bath, and storage configuration
June 17, 2013
Page 2
Post inspection findings revealed facilities to be in overall serviceable condition — however
structural elements (roofs) of some stations, kitchens and dorm areas were identified as requiring
remodel repair and/or replacement. Many of these issues are attributable to the age of each
station and by deferred maintenance.
City of Santa Ana Fire Stations
Fire Station 71
13 years old
1029 W.
17`h Street
Fire Station 72
47 years old
1668 E.
4a' Street
Fire Station 73
51 years old
419 S. Franklin Street
Fire Station 74
33 years old
1427 S.
Broadway Avenue
Fire Station 75
58 years old
120 W.
Walnut Street
Fire Station 76
33 years old
950 W.
MacArthur Boulevard
Fire Station 77
54 years old
2317 S.
Greenville Street
Fire Station 78
52 years old
501 N. Newhope Street
Fire Station 79
25 years old
1320 E.
Warner Avenue
The current Fire /Emergency Medical Services contract stipulates that the City shall be
responsible for Alterations and improvements identified as a Capital Improvement or any single
project that exceeds a cost of 15,000, these improvements/ projects may include seismic repair,
major remodel, and renovation.
Contact for further information:
Scott Brown, Division Chief
scottbrown(&ocfa.org
714 -567 -3234
Enclosed in this Report:
Project Justification / Description /Estimated/Budget/Photos
June 17, 2013
Page 3
Project:
the Carrier VVT Control for the HVAC System.
Justification: The HVAC control system is 10 years old and does not function as designed.
Carrier no longer manufactures the control system and does not support it in the
field. Technical information is no longer available and repair parts /systems are
not available. The control system malfunctions frequently requiring a costly
repair, and operates less effectively, thus wasting power. Replacement will
result in a more efficient HVAC operation and attendant cost savings.
Estimated Budget: $75,000*
Scope of Design and procure HVAC control system, demolish/remove current system,
Work: install replacement controls, program, test and finish as required.
*Estimated budget does not include roof systems bid:
14,500 14 to 5
See photos on the next page.
June 17, 2013
Page 4
Generator
June 17, 2013
Page 5
June 17, 2013
Page 6
(2) Remodel kitchen
(3) Remodel crew bathroom
Justification: (1) The station is 47 years old. Fire fighters are housed in a single dormitory
room that is inappropriate for mixed gender assignment. Crew does not
have adequate facility to store clothing and personal items. The common
sleeping arrangement provides no privacy and makes quality rest difficult,
Installation of privacy cubicles with doors and uniform lockers will bring
the space into compliance with OCFA habitability standards and
facilitate mixed gender use. General improvement of the space attending
the cubicles will improve the quality of life for the crew.
(2) The station kitchen has exceeded reasonable service life. All kitchen
systems are old, many broken and difficult to maintain in safe, sanitary,
serviceable conditions. The space does not support the need of station
personnel and does not meet OCFA standards for crew kitchens. The
attached photographs illustrate the problematic issues.
(3) The crew bathroom has exceeded reasonable service life. All systems
and fixtures are old, marginally serviceable and difficult to maintain in
safe, sanitary, serviceable condition. The attached photographs illustrate
the problem.
Estimated Budget: (1) Dormitory Privacy $25,000
(2) Remodel Kitchen $75,000
(3) Remodel Crew Bathroom $50,000
Total: $150,000*
Scope of (1) Demolition of the current interior space and installation of new flooring,
Work: replacement of overhead lighting, new window covering, procurement
and installation of pre- fabricated cubicles with privacy door,
procurement and installation of uniform and equipment locker, paint and
finish.
(2) Demolition of the existing kitchen space. Procurement and installation of
new flooring, lighting systems, lower and upper cabinets, installation of
SS counter system with integral single large sink and disposal systems,
replacement of faucets and fixtures, upgrade of electrical, replacement of
dishwasher, range with ventilation and refrigerators, painting and finish.
(3) Demolition of existing bathroom. Installation of new flooring, overhead
lighting, exhaust ventilation, cabinets, shelving, counter, sink, and
fixtures. Replacement of privacy showers and fixtures and painting and
finish.
*Estimated budget does not include roof systems bid:
Fair I Clay Tile 1 8,800 13 to 5
Fire Station 72
tt7r _
;r
47 years old 4,100 sq. ft./ 1 story
t
fi
June L7, 2013 -
Page 9
Bathroom Showers
June 17, 2013
Page 10
Bathroom
June 17, 2013
Page 11
Dorms
June 17, 2013
Page 12
Project: (1) Replace roof
(2) Remodel Crew Bathroom
Justification: (1) The station is 51 years old and nearly all of the major building systems
exceed economical service life. The roof is 45 years old. Numerous
repairs and chronic failure is beyond economical repair. Roof
failure /leaks pose a risk for additional structural damage and the
introduction of mold into the station.
(2) The crew bathroom exceeds reasonable service life. It is difficult to
maintain in a sanitary, service condition. It does not meet OCFA
standards for station habitability. See attached photographs.
Estimated Budget: 1) Replace Roof $40,000
(2) Remodel Crew Bathroom $50,000
Total: $90,000
Scope of (1) Tear - off/removal of the existing roof and replacement with a cementious
Work: tile roofing systbn.
(2) Demolition of existing bathroom. Installation of replacement flooring,
overhead lighting, exhaust ventilation, cabinets, shelving, counter, sink,
and fixtures. Installation of privacy showers and fixtures, painting and
finish.
See photos on the next page.
June 17, 2013
Page 13
June 17, 2013
Page 14
Roof
�m
i
June 17, 2013
Page 16
(2) Remodel kitchen
(3) Remodel crew bathroom
Justification: The station is 33 years old. The improvements described are limited to the fire
station side of the building. Firefighters are housed in a single dormitory room
that is inappropriate for mixed gender assignment. Installation of privacy
cubicles with doors and uniform lockers will bring the space into compliance
with OCFA standards.
The station kitchen has exceeded its reasonable service life. Kitchen systems are
old, broken and difficult to keep sanitary, safe and serviceable. It no longer
meets the need of station personnel and does not meet OCFA standards for a
crew kitchen. Photos attached.
The crew bathroom has exceeded reasonable service life and is inappropriate for
mix gender assignment. Photos attached.
Estimated Budget: (1) Dormitory Privacy $25,000
(2) Remodel Kitchen $75,000
(3) Remodel Crew Bathroom $60,000
Total: $160,000*
Scope of (1) Demolition of current interior space and installation of new
Work: flooring, replacement of overhead lighting, new window covering,
procurement and installation of pre- fabricated cubicles with
privacy door, procurement and installation of uniform and
equipment locker.
(2) Demolition of existing kitchen space. Procurement and installation of
new flooring, lighting systems, lower and upper cabinets, installation
of SS counter system with integral single large sink and disposal
systems, replacement of faucets and fixtures, upgrade of electrical,
replacement of dishwasher, range with ventilation and refrigerators,
painting and finish.
(3) Demolition of existing space. Procurement and installation of
replacement flooring, overhead lighting, exhaust ventilation,
cabinets, shelving, counter, sink, and fixtures. Installation of privacy
showers and fixtures, painting and finish.
*Estimated budget does not include roof systems bid:
Foam and Tile 18,000 16-8 & 3 -4 (tile) 1 $1,200 I $11
See photos on the next page.
June 17, 2013
Page 17
June 17, 2013
Page 18
Kitchen
June 17, 2013
Page 19
Kitchen
r - -�
June 17, 2013
Page 21
Dorms
June 17, 2013 _ — -
Page 22
Bathroom
June 17, 2013
Page 23
ect: (1) Dormitory Privacy
(2) Remodel crew bathroom
Justification: (1) The station is 58 years old. It houses 8 firefighters comprising of two
companies. Firefighters sleep in a single dormitory room that is
inappropriate for mixed gender assignment. The dorm environment is
open and provides no privacy. Installation of privacy cubicles with doors
and uniform lockers will allow mixed gender habitation and bring the
space into compliance with OCFA habitability standards.
(2) The crew bathroom has exceeded reasonable service life. It is
inappropriate for mix gender assignment. The bathroom is historic in its
design and materials. The rehabilitation of the space would bring up
certain aspects of the space to modern standards while preserving the
historic elements. See attached photographs.
Estimated Budget: (1) Dormitory Privacy $40,000
(2) Remodel Crew Bathroom $60,000
Total: $100,000*
Scope of
Work: (1) Demolition of current interior space and installation of new flooring,
replacement of overhead lighting, new window covering, procurement
and installation of pre- fabricated cubicles with privacy door,
procurement and installation of uniform and equipment locker.
(2) Demolition of certain elements existing space. Solid wood cabinet
fixture would be renovated, vintage porcelain tile and certain fixture
would be preserved and renovated. Flooring would be ground, polished
and renovated, overhead lighting replaced, electrical upgrade, exhaust
ventilation, sinks, fixtures renovated /replaced as required, privacy
showers installed, painting and finish.
*Estimated budget does not include roof systems bid:
Fair I Foam & BUR 17,000 15-6 (foam) & 3 -5 1 $1,300 1 $75,000
NOTE: Station 75 has a very damaged PVC membrane roof section on this building. This roof
section was replaced with a double layer of Modified Bitumen roof membrane. This work is
under warranty for 10 more years.
* *Estimated budget does not include HVAC systems bid:
HP unit is approaching the end of its life. Depending on any future repairs a replacement would
probably be salted in the next couple of years. Leak found in the server room unit and a
replacement of the line set must take place.
See photos on the next page.
Fire Station 75 58 years old 9,952 sq. ft./ 3 story and basement
i
June 17, 2013
Page 26
(2) Replace roof
(3) Remodel crew bathroom
Justification: (1) The station is 33 years old. Firefighters are housed in a single dormitory
room that is inappropriate for mixed gender assignment. Installation of
privacy cubicles with doors and uniform lockers will bring the space into
compliance with OCFA habitability standards.
(2) The station roof is original, over thirty years old, it is in poor condition.
It fails continuously and cannot be economically repaired.
(3) The crew bathroom has exceeded reasonable service life and is
inappropriate for mix gender assignment. See attached photographs.
Estimated Budget: (1) Dormitory Privacy $25,000
(2) Replace roof $44,000
(3) Remodel Crew Bathroom $60,000
Total: $129,000
Scope of (1) Demolition of current interior space and installation of new flooring,
Work: replacement of overhead lighting, new window covering, procurement
and installation of pre-fabricated cubicles with privacy door,
procurement and installation of uniform and equipment locker.
(2) Demolition/tear -off of the existing gravel built -up roof and replacement
of 6,400 square feet of modified bitumen roof.
(3) Demolition of existing space. Procurement and installation of
replacement flooring, overhead lighting, exhaust ventilation, cabinets,
shelving, counter, sink, and fixtures. Replacement showers and fixtures
and painting and finish as required.
See photos on the next page.
June 17, 2013
Page 27
June 17, 2013
Page 28
June 17, 2013- -
Page 30
Dorms
June 17; 2013
Page 31
Station Fire id 6,076
Project: (1) Dormitory Privacy
(2) Replace flooring
(3) Replace Roof
Justification: (1) The station is 54 years old. Firefighters are housed in a single dormitory
room that is inappropriate for mixed gender assignment. histallation of
privacy cubicles with doors and uniform lockers will bring the space into
compliance with OCFA habitability standards.
(2) The current flooring is a mix of original and added carpet. The entire
interior is beyond serviceability and requires replacement.
(3) The station roof is a replacement foam roof system approaching the end
of its serviceable life. It fails frequently. Continued repair will not
provide added life.
Estimated Budget: (1) Dormitory Privacy $25,000
(2) Replace flooring $25,000
(3) Replace roof $25,000
Total: $75,000
Scope of (1) Demolition of current interior space and installation of new flooring,
Work: replacement of overhead lighting, new window covering, procurement
and installation of pre- fabricated cubicles with privacy door,
procurement and installation of uniform and equipment locker.
(2) Demolition/removal of all current floor covering, repair of flooring base
and installation of 18X18 composite vinyl tile, trim, base molding, finish
and paint as required.
(3) Demolition/tear -off of existing roof, repair as required, and addition of a
cricket drain and application of a buildup modified bitumen roof system.
Finish as required and installation.
See photos on the next page.
June 17, 2013
Page 32
June 17, 2013
Page 34
(2) Remodel crew bathroom
(3) Replace roof
Justification: (1) The station is 33 years old. Firefighters are housed in a single dormitory
room that is inappropriate for mixed gender assignment. Installation of
privacy cubicles with doors and uniform lockers will bring the space into
compliance with OCFA habitability standards.
(2) The crew bathroom has exceeded service life and is inappropriate for mix
gender use. See attached photographs.
(3) The existing roof is more than 25 years old and has reached serviceable
life. It fails continuously and is not economical to repair. Frequent
leak/failure risks damage to internal building structures and spaces.
Estimated Budget: (1) Dormitory Privacy $25,000
(2) Remodel crew bathroom $30,000
(3) Replace roof $33,000
Total: $88,000
Scope of (1) Demolition of current interior space and installation of new flooring,
Work: replacement of overhead lighting, new window covering, procurement
and installation of pre- fabricated cubicles with privacy door,
procurement and installation of uniform and equipment locker.
(2) Demolition of existing space. Installation of replacement flooring,
overhead lighting, exhaust ventilation, cabinets, shelving, counter, sink,
and fixtures. Replacement showers and fixtures and painting and finish
as required.
(3) Demolition/tear -off of the existing shingle roof, substrate repair as
required and replacement with a modified bitumen roof system finish as
required.
See photos on the next page.
June 17, 2013
Page 35
June 17, 2013
Page 36
AW
<` -" i 'FBI k`, i ,
� �� 4
'- _ ' ��.:
t... ., ,.�_,_,:.. .. :°'„z' =tr iii
A
June 17, 2013
Page 38
(2) Replace flooring
Justification: (1) The station is 25 years old. The shower systems in each crew bathroom
are failing, leaking through shower wall and the shower floor pan.
Leaking is causing damage to the building structure.
(2) Carpet throughout the station is badly wom, torn and failing. It has
exceeded service life. The carpet chronically separates at seams and
loses adhesion to the floor, and has become a hazard.
Estimated Budget: (1) Upgrade /repair showers $50,000
(2) Replace flooring $30,000
Total: $80,000
Scope of (1) Demolition of existing show stalls, repair as required, installation of
Work: shower walls, tile, hot mop, replace pan tile, grout paint and finish as
required.
(2) Demolition/removal of all current floor covering, repair of flooring base
and installation of 18X18 composite vinyl tile, trim, base molding, finish
and paint as required.
See photos on the next page.
June 17, 2013
Page 39
Shower
June 17, 2013
Page 40
Shower
Flooring
June 17, 2013
Page 41
D:
H
a5
L
H
N
U
Q
CC
C
N
N
� v
O .�
4 v
N ar
v i
L �
LL a
� Q
N a
3 a
O o
U
L ate.
L�— O i
(A -C
U
G Q
O N
L
CL
a �
U o
U
0
7
L �
O a
a- c)
00000000
O O O(�!
VI T W O N N 00 0 00 a
O
O
0
0
0
0
rl
V1
N
�•
00
M
L?
O
O
O 0
0
0
O
O
i
m
V
lO
l0
N
m
E
E
E
O
O
O
O
L
O
L
O
L
L
Y
t
L
m
Y
m
Y
m
m
m
m
3
a)
3
Q)
a
a
O
O
U
U
U
O
O
v
v
v
U
0
0
m
u
E
E
E
as
Q)
a)
ai
v
v
0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0
vi O vi O V vi 0 0
i� Lfl I, O 7 N m m
E E E
O O O
O
O O
L L
L Y t
Y Y
v m v m w m W
i= O O v O
Y u Y u � LL U LL
v v v v v v 0 O
0 0 "O 'O u u 0 u
E E E E a a E a
w v v v v v v w
C = K K K= K
0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0
vi o Lr o Lr Lr vi o
N d' N-zt N N N Ln
u u u u u u
L
> > > > > > 'm
d O d d d d d a1
i CL i i i i i�
O u 0 0 0 0 0
E m E E E E E
O W O O O O O O_
O af O O O 0 0 Z)
L L l
N N m m L N N
N N N N N fp
V vt M V1 M V1 V1 N
N M c} 0 LO P 00 0)
N N N n n n N n
C C C C C C C C
0 0 0 0 0 0 0 0
Y Y N
m m m m m m m m
VI Vl VI N VI VI VI Vf
0) al aJ 01 al O/ a/ d
L L L L L L L L
LL LL LL LL LL LL LL LL
C
O
m
m
O
H
C
v
E
N
v
O.
G1
w
O
O
L
O
m
v
v
Z
v
N
f6
d
a
U
O
.Y
Q
O
O
O
O
O
0
00
O
O
ao
LF
0
rl
V1
N
�•
00
M
L?
O 0 O 0
m O N m
c-i '-i ri ri
m
>LO 06
> m m
o o 00 0
Y Y 6
■
.
u 1= ° v E
> Em
m m f
m U o LL
L L
LL LL
O
d
LL
N N -1 Vf
n n N N
C C C C
O O O O
Y .Y .' y
m m m m
Vl VI VI VI
m al m w
L L L L
tL lL LL LL
m
oi$
M
C
m
E
a!
u
Q
cu
cu
0
O
z
O
w
m
0
Exhibit B
Certification Regarding Lobbying
Certification for Contracts, Grants, Loans, and Cooperative Agreements
The undersigned certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of Congress, or
an employee of a Member of Congress in connection with the awarding of any Federal
contract, the making of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any Federal contact, grant, loan or cooperative
agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with this Federal contract, grant, loan, or cooperative
agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure
Form to Report Lobbying," in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the
award documents for all subawards at all tiers (including subcontract, subgrants, and
contracts under grants, loans, and cooperative agreements) and that all subrecipients shall
certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by Section 1352, Title
31, U. S. Code. Any person who fails to file the required certification shall be subject to
a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
Grantee /Contactor
s
, 66*11
EXHIBIT B
Page 1 of 2
Program
o.7 -Zo13
Date
SUBRECIPIENT warrants the following:
1. SUBRECIPIENT will comply with Public Law 88 -352, Title VI of the Civil Rights
Act of 1964 (42 U. S. C. section 2000 et seq.) and implementing regulation in 24 CFR
Part 1.
2. No person in the United States shall on the ground of race, color, religion, national
origin, or sex, be excluded from participation in, or be denied the benefits of, or be
subjected to discrimination under any program or activity funded in whole or in part with
community development funds made available pursuant to the ACT.
3. All laborers and mechanics, employed by contractors or subcontractors in the
performance of construction work financed in whole or in part with community
development funds shall be paid wages at rates not less than those prevailing on similar
construction in the locality as determined in accordance with the Davis -Bacon Act, as
amended, 40 U. S. C. Sections 276 a 1 -5, except for individuals who perform services for
which they volunteered; do not receive compensation for such services; or are paid
expenses, reasonable benefits, or a nominal fee for such services; and are not otherwise
employed at any time in construction work.
4. SUBRECIPIENT will comply with all Federal statutes applicable to projects funded
with community development funds, except that (a) SUBRECIPIENT does not assume
CITY'S environmental responsibilities described at 24 CFR 570.604; and (b)
SUBRECIPIENT does not assume CITY'S responsibility for initiating the review process
under Executive Order 12372.
EXHIBIT B
Page 2 of 2