City of Laguna Hills
City Council / Planning Agency
Regular Meeting Agenda
Tuesday, July 9, 2024 - 7:00 PM
(Closed Session at 6:00 p.m. when scheduled)
City Council Chamber
24035 El Toro Road
Laguna Hills, CA 92653
Dave Wheeler
Mayor
Joshua Sweeney
Mayor Pro Tempore
Don Caskey
Council Member
Janine Heft
Council Member
Erica Pezold
Council Member
In Person Public Comments: Any person wishing to address the City Council/Planning Agency on any matter, whether or not it appears on this Agenda, is asked to complete a pink “Request to Speak” form available on the table at the back of the Chamber and submit the form to the City Clerk. The Request to Speak form assists the Mayor in ensuring that all persons wishing to address the City Council are recognized and ensures accurate identification of meeting participants in the City Council/Planning Agency Minutes. Completion of the form is voluntary. It is City policy to limit public testimony to up to three minutes per person, an overall time limit of twelve minutes for any one subject, and a total time limit of thirty minutes for Public Comments.
If you are commenting on an Agenda item, your comments will be heard at the time that item is scheduled on the Agenda. If you are addressing the City Council on an item not listed on the Agenda, the City Council is prohibited by law from discussing or taking any action on that item.
Submission of Electronic Public Comments: Those wishing to make electronic public comments may submit their comments by email to the City Clerk by 5:00 p.m. on Tuesday, July 9, 2024. In the subject line of the email, please state your name and the item number you are commenting on. Any public comment received that does not specify a particular agenda item number will be announced during the general public comment portion of the agenda. All comments received by 5:00 p.m. on the date of the meeting will be provided to the City Council and will be provided for public inspection at the meeting. During the applicable agenda item, the City Clerk will announce the name of the sender and subject matter of all electronic comments received by 5:00 p.m. on Tuesday, July 9, 2024. Email comments will NOT be read by the City Clerk during the meeting.
Electronic public comments may only be submitted via email and comments via text and social media (Facebook, X (formerly Twitter), etc.) will not be accepted.
For questions or assistance, please contact the City Clerk’s Office at (949) 707-2635 or via email.
General Business Convening at 7:00 PM
Call to Order
Resolution No. 96-04-09-1 established rules of decorum for public meetings held by the City of Laguna Hills. Resolution No. 96-04-09-1 is available on the table at the back of the City Council Chamber.
Invocation
Pledge of Allegiance: Council Member Caskey
Roll Call of City Council Members
1. Presentations and Proclamations
2. Schedule of Future Events
2.1 Schedule of Future Events
Recommendation: That the City Clerk announce the upcoming meetings and events.
3. Public Comments
This is the time to address the City Council on any matter not listed on this Agenda that is within the subject matter jurisdiction of the City Council.
Public Comments are limited to three minutes per person, an overall time limit of twelve minutes for any one subject, and a total time limit of thirty minutes. Clarification questions from the City Council will not count against time limits. Speaker’s responses are limited to one minute.
4. Consent Calendar
All matters listed under “CONSENT CALENDAR” are considered to be routine and will be enacted by one motion approving the recommendation listed on the Agenda. There will be no separate discussion unless Members of the City Council or Staff request specific items be removed from the Consent Calendar.
4.1 Waive Reading in Full of all Ordinances and Resolutions on the Agenda Recommendation: That the City Council waive reading in full of all ordinances and resolutions on the agenda and declare that said titles which appear on the public agenda shall be determined to have been read by title and further reading waived.
4.2 Approval of Minutes for June 25, 2024, Regular Meeting Recommendation: That the City Council approve the City Council Minutes for the June 11, 2024, Regular Meeting.
4.3 Ratification of July 9, 2024 Warrant Register
Recommendation: That the City Council ratify the accompanying Warrant Register for the periods from June 15, 2024, to June 28, 2024, in the amount of $475,042.13.
4.4 Notice of Completion and Final Payment for the Citywide Sidewalk Repairs & Concrete Construction Project Re-Bid, CIP No. 106
Recommendation: That the City Council: 1) Certify the completion of and accept the improvements for the subject project; 2) Authorize the Public Works Director to sign the Notice of Completion; 3) Authorize the recording of the Notice of Completion with the County of Orange and to release the faithful performance and payment bonds one year and 35 days, respectively, after the date of recordation of the Notice of Completion contingent upon no claims or liens being filed with the City; and 4) Authorize payment of the final retention 35 days after the date of recordation of the Notice of Completion in the net amount of $32,924.13, if no liens have been filed.
4.5 Agreement with Age Well Senior Services for Community Development Block Grant Funds for Fiscal Year 2024/2025
Recommendation: That the City Council: 1) Approve the Agreement between Age Well Senior Services, Inc., and the City of Laguna Hills for Community Development Block Grant Funds for Fiscal Year 2024/2025; 2) Authorize the City Manager to execute the Agreement; and 3) Authorize the Finance Director to amend the Fiscal Year 2024/2025 budget to account for the $350,000 grant.
4.6 Proposed Civic Center Office Lease with Layla Fijany DDS MS Corp., a California corporation, for 24031 El Toro Road, Suite 205, Laguna Hills, California
Recommendation: That the City Council: 1) Approve the lease agreement with Layla Fijany DDS MS Corp., a California corporation, for 24031 El Toro Road, Suite 205, Laguna Hills, California; 2) Authorize the City Manager to make minor modifications to and negotiate the final terms of the lease agreement, as necessary; and 3) Authorize the City Manager to execute the lease agreement.
4.7 Agreement with Procure America for Cost Reduction Consulting Services
Recommendation: That the City Council approve entering into a Consultant Services Agreement with Procure America for Cost Reduction Services and authorize the City Manager to execute the Agreement on behalf of the City
4.8 Community Assistance Funding to the Laguna Hills High School Parent Teacher Student Association for Grad Nite and Scholarship Funding Recommendation: That the City Council adopt a Resolution entitled: "A Resolution of the City Council of the City of Laguna Hills, California, authorizing annual Community Assistance Funding to the Laguna Hills High School Parent Teacher Student Association for Grad Nite and Scholarship Funding." Items Removed from the Consent Calendar
5. Planning Agency
5.1 Roll Call of Planning Agency Members
5.2 Public Comments
This is the time to address the Planning Agency on any matter not listed on this Agenda that is within the subject matter jurisdiction of the Planning Agency.
Public Comments are limited to three minutes per person, an overall time limit of ten minutes for any one subject, and a total time limit of thirty minutes.
5.3 Approval of Minutes
5.4 Administrative Reports
5.5 Planning Agency Public Hearings
5.5.1 Conditional Use Permit (CUP) No. USE-0180-2024, a Request by Brian Batista-Lopez, Project Architect with MSA Architecture and Design, on Behalf of MSA Architecture and Design, Inc., to Establish Five SelfService Grooming Stations Within a Proposed Retail Pet Supply Store, Pet Food Express, in an Existing 5,744 Square-Foot Tenant Space Located at 24241 Avenida De La Carlota
Recommendation: That the Planning Agency:
1) Conduct a public hearing;
2) Find and determine that the project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 of Title 14, Chapter 3 of the California Code of Regulations (Class 1, Existing Facilities); and
3) Adopt a Resolution entitled: “A Resolution of the Planning Agency of the City of Laguna Hills, California, Approving Conditional Use Permit (CUP) No. USE0180-2024, a Request by Brian Batista-Lopez, Project Architect with MSA Architecture and Design, on Behalf of MSA Architecture and Design, Inc., to Establish Five Self Service Grooming Stations Within a Proposed Retail Pet Supply Store, Pet Food Express, in an Existing 5,744 Square-Foot Tenant Space Located at 24241 Avenida De La Carlota, Including an Exemption from the California Environmental Quality Act (CEQA) per CEQA Guidelines Section 15301 of Title 14, Chapter 3 of the California Code of Regulations (Class 1, Existing Facilities).”
5.5.2 Parking Use Permit (PUP) No. 0130-2023, a Request by Diamond Star Associates, Inc., on Behalf of Healthcare Realty Trust, Inc., for Approval of a Joint Parking Use Permit for the Taj Mahal Medical Center Located at 23521 Paseo de Valencia
Recommendation: That the Planning Agency:
1) Conduct a public hearing;
2) Find and determine that the proposed project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 of Title 14, Chapter 3 of the California Code of Regulations (Class 1, Existing Facilities); and
3) Adopt a Resolution entitled: “A Resolution of the Planning Agency of the City of Laguna Hills, California, Approving Parking Use Permit (PUP) No. 0130- 2023, a Request by Diamond Star Associates, Inc., on Behalf of Healthcare Realty Trust, Inc. for Approval of a Joint Parking Use Permit for the Taj Mahal Medical Center Located at 23521 Paseo de Valencia, Including an Exemption from the California Environmental Quality Act (CEQA) per CEQA Guidelines Section 15301 of Title 14, Chapter 3 of the California Code of Regulations (Class 1, Existing Facilities).”
5.5.3 Parking Use Permit (PUP) No. 0131-2023, a Request by Diamond Star Associates, Inc., on Behalf of Healthcare Realty Trust, Inc., for Approval of a Joint Parking Use Permit for the Saddleback Professional Center Located at 24012 Calle de la Plata
Recommendation: That the Planning Agency:
1) Conduct a public hearing;
2) Find and determine that the proposed project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301
of Title 14, Chapter 3 of the California Code of Regulations (Class 1, Existing Facilities); and
3) Adopt a Resolution entitled: “A Resolution of the Planning Agency of the City of Laguna Hills, California, Approving Parking Use Permit (PUP) No. 0131- 2023, a Request by Diamond Star Associates, Inc., on Behalf of Healthcare Realty Trust, Inc. for Approval of a Joint Parking Use Permit for the Saddleback Professional Center Located at 24012 Calle de la Plata, Including an Exemption from the California Environmental Quality Act (CEQA) per CEQA Guidelines Section 15301 of Title 14, Chapter 3 of the California Code of Regulations (Class 1, Existing Facilities).”
5.6 Planning Agency Adjournment
6. City Council Public Hearings
6.1 Confirmation of 2024 Weed Abatement Cost Report
Recommendation: That the City Council That the City Council:
1) Conduct a public hearing regarding the 2024 Weed Abatement Cost Report; and 2) Adopt a Resolution entitled: "A Resolution of the City Council of the City of Laguna Hills, California, confirming the 2024 Weed Abatement Cost Report and providing for the collection of weed abatement assessments on the next regular tax bill levied against the subject parcels for municipal purposes."
7. Administrative Reports
7.1 City Manager
7.1.1 Approval of Design and Budget for 3rd Battalion, 5th Marines Darkhorse Bronze Memorial Sculpture
Recommendation: That the City Council:
1) Approve the 3/5 Memorial Sculpture Design;
2) Authorize the Mayor to execute the Amended and Restated Agreement to Commission Original Work of Art with Brittany Ryan Studio, LLC; and 3) Allocate all available Public Art Funds to the 3/5 Memorial Sculpture, and transfer $48,000 from the City’s unassigned General Fund balance to the Public Art Fund, and direct the Finance Director to amend the budget accordingly.
8. Matters Agendized and Presented by City Council Members
8.1 Exploring the Potential of a Digital Billboard at the Former Globe Property (APN: 616-022-04)
Recommendation: Council Members Heft and Caskey recommend that the City Council direct staff to explore the potential of a digital billboard at the former Globe Property (APN: 616-022-04).
9. City Council Member Committee Reports
9.1 Committee Assignment Reports
Recommendation: That the City Council receive reports from City Council Members on the City Council Committee Assignments listed in the staff report.
10. City Council Member Comments
Adjournment
The next Regular Meeting of the City Council/Planning Agency will be August 27, 2024, at 7:00p.m., in the City Council Chamber, located at 24035 El Toro Road, Laguna Hills, California.
CERTIFICATION
I, JENNIFER LEE, City Clerk of the City of Laguna Hills, do hereby certify that a copy of the foregoing Agenda was posted at Laguna Hills City Hall, Laguna Hills Community Center, and the Courtyard at La Paz Center by July 5, 2024, at 5:00 p.m.
It is the intention of the City of Laguna Hills to comply with the Americans with Disabilities Act in all respects. If as an attendee or a participant at this meeting you will need special assistance beyond what is normally provided, the City of Laguna Hills will attempt to accommodate you in every reasonable manner.
Please contact the office of the City Clerk at (949) 707 2635. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting.
Materials related to an item on this Agenda submitted to the City Council after distribution of the agenda packet are available for public inspection in the City Clerk’s Office at 24035 El Toro Road, Laguna Hills, California, during normal business hours. In addition, such writings or documents will be made available for public review on the City’s website at: https://www.lagunahillsca.gov/supplementalagenda and at the respective public meeting.
City Council Members receive no additional compensation or stipend as a result of simultaneously convening meetings of the Laguna Hills Planning Agency.
Item No. 2.1
City of Laguna Hills
City Council / Planning Agency
Staff Report
Date: July 9, 2024
To: Mayor and Council Members
From: Jennifer Lee, City Clerk
Issue: Schedule of Future Events
Recommendation: That the City Clerk announce the upcoming meetings and events Meetings:
City Council/Planning Agency Regular Meetings
Tuesday, August, 27, 7:00 p.m., Laguna Hills Civic Center Council Chamber Tuesday, September 10, 7:00 p.m., Laguna Hills Civic Center Council Chamber Traffic Commission Regular Meetings
Wednesday, July 17, 7:00 p.m., Laguna Hills Civic Center Council Chamber Events:
GHS Symphonic Ballroom POPS! Concert
Monday, July 15, 7:00 p.m. - 9:00 p.m., Laguna Hills Community Center Summer Concert Series #2 Paperback Writer: The Beatles Experience Saturday, July 19, 6:30 p.m. - 8:30 p.m., Laguna Hills Community Center Summer Concert Series #3 Stone Soul
Saturday, July 26, 6:30 p.m. – 8:30 p.m., Laguna Hills Community Center Summer Concert Series #4 Family Style
Saturday, August 2, 6:30 p.m. – 8:30 p.m., Laguna Hills Community Center Summer Concert Series #5 Yachty by Nature
Saturday, August 9, 6:30 p.m. – 8:30 p.m., Laguna Hills Community Center
Item No. 2.1
Movies in the Park- Lilo and Stitch
Friday, August 16, movie will begin 10 minutes after sunset, Costeau Park Movies in the Park- Planes
Friday, August 23, movie will begin 10 minutes after sunset, El Conejo Park Movies in the Park- The Little Mermaid
Friday, August 30, movie will begin 10 minutes after sunset, Santa Vittoria Park Movies in the Park- Kung Fu Panda 4
Friday, September 6, movie will begin 10 minutes after sunset, Beckenham Park
Summer Ballroom Pops!
Global Harmony Symphony
Guest Conductor
Joey Sellers
Presents
Music Director
Valerie Geller
special
performance
by:
sway ballroom
ken clemens,
clarinet
and
When ~ Free Admission
Free Parking
Suggested Donation $10
For additional info visit or contact:
Livestream:
Where ~
Laguna Hills Community Center
25555 Alecia Pkwy,
Laguna Hills, CA, 92653
7pm, Monday July 15, 2024
Doors Open 6:30pm
https://www.youtube.com/@globalharmony
symphony4666/streams
http://www.globalharmonysymphony.com
[email protected]
City of Laguna Hills
City Council / Planning Agency
Regular Meeting
Minutes
Tuesday, June 25, 2024
General Business Convening at 7:00 PM
Call to Order
The meeting was called to order at 7:00 PM by Mayor Wheeler.
Invocation: Traffic Commissioner Miller
Pledge of Allegiance: Mayor Pro Tempore Sweeney
Roll Call of City Council Members
Present:
Mayor Dave Wheeler
Mayor Pro Tempore Joshua Sweeney
Council Member Don Caskey
Council Member Janine Heft
Council Member Erica Pezold
Absent
1. Presentations and Proclamations
There were no presentations or proclamations.
2. Schedule of Future Events
2.1 Schedule of Future Events
City Clerk Lee announced the upcoming meetings and events.
3. Public Comments
The following individual(s) addressed the City Council on non-agendized items:
Rigo Santana
Scott Miller, Traffic Commissioner
4. Consent Calendar
A motion to approve the Consent Calendar with Item Nos. 4.5, 4.6, 4.8, and 4.9 removed was moved by Council Member Heft, seconded by Council Member Pezold.
City Council/Planning Agency Regular Meeting Minutes
Tuesday, June 25, 2024
2 Result: Passed
Yes 5, No 0, Abstained 0
Ayes: Mayor Wheeler, Mayor Pro Tempore Sweeney, Council Member Caskey, Council Member Heft, Council Member Pezold
Nays: None
Abstain: None
4.1 Waive Reading in Full of all Ordinances and Resolutions on the Agenda Recommendation: That the City Council waive reading in full of all ordinances and resolutions on the agenda and declare that said titles which appear on the public agenda shall be determined to have been read by title and further reading waived.
4.2 Approval of Minutes for June 11, 2024, Regular Meeting Recommendation: That the City Council approve the City Council Minutes for the June 11, 2024, Regular Meeting.
4.3 Ratification of June 25, 2024 Warrant Register
Recommendation: That the City Council ratify the accompanying Warrant Register for the periods from May 20, 2024, to May 22, 2024, and May 31, 2024, to June 14, 2024, in the amount of $785,594.16.
4.4 Treasurer's Investment Report for May 2024
Recommendation: That the City Council receive and file the Treasurer's Investment Report for the month of May 2024.
4.7 Proposed First Amendment to Civic Center Office Lease with Carno Law Group, a Professional Law Corporation, for 24031 El Toro Road, Suite 260, Laguna Hills, California
Recommendation: That the City Council: 1) Approve the first amendment to the lease agreement with Carno Law Group, a professional law corporation, for 24031 El Toro Road, Suite 260, Laguna Hills, California; and 2) Authorize the City Manager to make minor modifications, as necessary, to the first amendment to the lease agreement and to execute the first amendment to the lease agreement.
Items Removed from the Consent Calendar
4.5 Community Outreach and Engagement Services Agreement with the City of Mission Viejo
Recommendation: That the City Council approve the proposed Community Outreach and Engagement Services Agreement with the City of Mission Viejo for
City Council/Planning Agency Regular Meeting Minutes
Tuesday, June 25, 2024
3 homelessness outreach services and authorize the Mayor to sign the agreement.
Mayor Wheeler removed Item No. 4.5 from the Consent Calendar to request additional information on the item.
Deputy City Manager Reynolds responded to Council Member requests for additional information.
A motion to approve staff's recommendation was moved by Mayor Wheeler, seconded by Council Member Pezold.
Result: Passed
Yes 5, No 0, Abstained 0
Ayes: Mayor Wheeler, Mayor Pro Tempore Sweeney, Council Member Caskey, Council Member Heft, Council Member
Pezold
Nays: None
Abstain: None
4.6 Agreement for Animal Control and Shelter Services with the City of Mission Viejo
Recommendation: That the City Council approve the Agreement for Animal Control and Shelter Services with City of Mission Viejo and authorize the Mayor to sign the agreement.
Mayor Wheeler removed Item No. 4.6 from the Consent Calendar to request additional information on the item.
City Manager Hildenbrand responded to Council Member requests for additional information.
A motion to approve staff's recommendation was moved by Council Member Pezold, seconded by Council Member Heft.
Result: Passed
Yes 5, No 0, Abstained 0
Ayes: Mayor Wheeler, Mayor Pro Tempore Sweeney, Council Member Caskey, Council Member Heft, Council Member
Pezold
Nays: None
Abstain: None
4.8 Adoption of Fiscal Year 2024/2025 Civic Center Budget Recommendation: That the City Council approve and adopt the FY2024/2025 Civic Center Budget.
Council Member Heft removed Item No. 4.8 from the Consent Calendar to request
City Council/Planning Agency Regular Meeting Minutes
Tuesday, June 25, 2024
4 additional information on the item.
City Manager Hildenbrand responded to Council Member requests for additional information.
A motion to approve staff's recommendation was moved by Council Member Heft, seconded by Council Member Caskey.
Result: Passed
Yes 5, No 0, Abstained 0
Ayes: Mayor Wheeler, Mayor Pro Tempore Sweeney, Council Member Caskey, Council Member Heft, Council Member
Pezold
Nays: None
Abstain: None
4.9 Award of Janitorial Services Agreement for the Laguna Hills Community Center to Savoy Ritz Group, Inc. dba The Ritz Companies Recommendation: That the City Council: 1) Award the Janitorial Services Agreement for the Laguna Hills Community Center to Savoy Ritz Group, Inc., dba The Ritz Companies, for an initial five (5) year contract term in the total maximum not-to-exceed contract amount of $955,000; and 2) Authorize the City Manager to execute the Janitorial Services Agreement with Savoy Ritz Group, Inc.
Council Member Heft removed Item No. 4.9 from the Consent Calendar to request additional information.
City Manager Hildenbrand responded to Council Member requests for additional information.
Deputy City Manager Reynolds responded to Council Member requests for additional information.
A motion to approve staff's recommendation was moved by Council Member Heft, seconded by Council Member Pezold.
Result: Passed
Yes 5, No 0, Abstained 0
Ayes: Mayor Wheeler, Mayor Pro Tempore Sweeney, Council Member Caskey, Council Member Heft, Council Member
Pezold
Nays: None
Abstain: None
City Council/Planning Agency Regular Meeting Minutes
Tuesday, June 25, 2024
5 5. Planning Agency
There were no separate Planning Agency Business Items for this meeting.
6. City Council Public Hearings
There were no City Council public hearings.
7. Administrative Reports
7.1 City Manager
7.2 Award Agreement for Residential and Commercial Solid Waste Collection Services
Recommendation: That the City Council:
1. Approve Agreement for the Collection, Transportation, Processing, and Diversion of Recyclable Materials, Food Scraps, Yard Trimmings, Construction and Demolition Debris and Other Materials, and for the Collection, Transportation, and Disposal of Municipal Solid Waste to CR&R, Incorporated.
2. Authorize the Mayor to sign the Solid Waste and Recycling Agreement substantially in the form attached.
3. Direct staff to set a public hearing to adopt proposed rates in accordance with Proposition 218.
Deputy City Manager Reynolds reviewed the information provided in the staff report, provided a PowerPoint presentation, and responded to Council Member requests for additional information.
William O'Toole. President, EcoNomics, Inc., reviewed the information provided in the staff report, provided a PowerPoint presentation, and responded to Council Member requests for additional information.
Chrystal Denning, CR&R Regional Vice President, responded to Council Member requests for additional information.
A motion to approve staff's recommendation was moved by Council Member Pezold, seconded by Council Member Caskey.
Result: Passed
Yes 5, No 0, Abstained 0
Ayes: Mayor Wheeler, Mayor Pro Tempore Sweeney, Council Member Caskey, Council Member Heft, Council Member
Pezold
Nays: None
Abstain: None
City Council/Planning Agency Regular Meeting Minutes
Tuesday, June 25, 2024
6 7.3 Study and Report on Inclusionary Housing Ordinances Recommendation: That the City Council direct staff to study and report back on the issue of Inclusionary Housing Ordinances pursuant to the 2021-2029 Adopted & Certified Housing Element Update - Implementation Program H-7.
City Manager Hildenbrand reviewed the information provided in the staff report and responded to Council Member requests for additional information.
A motion to approve staff's recommendation and direct staff to return with a preliminary report at the August 27 meeting was moved by Mayor Pro Tempore Sweeney, seconded by Council Member Pezold.
Result: Passed
Yes 5, No 0, Abstained 0
Ayes: Mayor Wheeler, Mayor Pro Tempore Sweeney, Council Member Caskey, Council Member Heft, Council Member
Pezold
Nays: None
Abstain: None
7.4 Selection of a Design for the Reader Board at the Corner of La Paz Road and Paseo de Valencia
Recommendation: That the City Council: 1) Approve the conceptual design of the proposed reader board at the corner of La Paz Road and Paseo de Valencia; and 2) Authorize City staff to develop construction plans and documents.
City Manager Hildenbrand reviewed the information provided in the staff report, provided a PowerPoint presentation, and responded to Council Member requests for additional information.
The following individual(s) addressed the City Council on Item No. 7.4.:
Neel Patel, Traffic Commission Vice Chair
Larry Ryan, Principal, RJM Design Group, Inc, responded to Council Member requests for additional information.
City Attorney Simonian responded to Council Member requests for additional information.
A motion to approve staff's recommendation and direct staff to contact the property owners of other suggested locations was moved by Council Member Pezold, seconded by Council Member Heft.
A substitute motion to proceed without a designated location and direct staff to contact the property owners of other suggested locations was moved by Mayor Wheeler, seconded by Mayor Pro Tempore Sweeney.
City Council/Planning Agency Regular Meeting Minutes
Tuesday, June 25, 2024
7 Mayor Wheeler called for a roll call vote on the substitute motion.
Result: Failed
Yes 2, No 3, Abstained 0
Ayes: Mayor Wheeler, Mayor Pro Tempore Sweeney
Nays: Council Member Caskey, Council Member Heft, Council Member Pezold
Abstain: None
Mayor Wheeler called for a roll call vote on the main motion.
Result: Passed
Yes 4, No 1, Abstained 0
Ayes: Mayor Pro Tempore Sweeney, Council Member Caskey, Council Member Heft, Council Member Pezold
Nays: Mayor Wheeler
Abstain: None
8. Matters Agendized and Presented by City Council Members
8.1 Annual Donation to Laguna Hills High School PTSA for Grad Nite Recommendation: Council Members Heft and Cakey recommend that the City Council discuss increasing the annual donation to Laguna Hills High School PTSA for their graduation night celebration.
Council Members Heft and Caskey provided information on the item.
At Council Member Heft's request, Melissa Auten, Laguna Hills High School PTSA representative, provided information on the item and responded to Council Member requests for additional information.
Katherine Welles, Laguna Hills High School PTSA president, responded to Council Member requests for additional information.
City Attorney Simonian responded to Council Member requests for additional information.
A motion to direct staff to prepare a community assistance funding resolution increasing the annual donation amount to Laguna Hills High School PTSA to $8,000 for purposes of the Laguna Hills Grad Nite event, allocating $6,000 to the event and $2,000 toward scholarships and to direct staff to contact the school district superintendent for clarification on the check cutting procedures was moved by Council Member Heft, seconded by Mayor Pro Tempore Sweeney.
Result: Passed
Yes 5, No 0, Abstained 0
City Council/Planning Agency Regular Meeting Minutes
Tuesday, June 25, 2024
8 Ayes: Mayor Wheeler, Mayor Pro Tempore Sweeney, Council Member Caskey, Council Member Heft, Council Member
Pezold
Nays: None
Abstain: None
9. City Council Member Committee Reports
9.1 Committee Assignment Reports
The City Council received reports from City Council Members on the City Council Committee Assignments listed in the staff report.
10. City Council Member Comments
Council Member Pezold
Council Member Pezold provided comments on her hopes for a shift in the focus and direction of schools.
Council Member Caskey
Council Member Caskey provided comments on a committee assignment report he would like to agendize for the next meeting.
Council Member Caskey provided comments clarifying his thoughts on a graduation night celebration.
Mayor Pro Tempore Sweeney
Mayor Pro Tempore Sweeney reported on the 4th Annual Laguna Hills Car Show.
Adjournment
There being no further business before the City Council at this session, Mayor Wheeler declared the meeting adjourned at 10:15 p.m. ____________________________________
Jennifer Lee, City Clerk
ATTEST:
____________________________________
Dave Wheeler, Mayor
Approved at meeting of July 9, 2024.
Item No. 4.3
City of Laguna Hills
City Council / Planning Agency
Staff Report
Date: July 9, 2024
To: Mayor and Council Members
From: Eric Hendrickson, Finance Director
Issue: Ratification of July 9, 2024 Warrant Register
Recommendation: That the City Council ratify the accompanying Warrant Register for the periods from June 15, 2024, to June 28, 2024, in the amount of $475,042.13.
Background:
The City issues accounts payable disbursements on a regular basis and presents it to the City Council for ratification at its next regularly scheduled City Council Meeting. The attached Warrant Register containing checks and electronic funds transfers for the periods from June 15, 2024, to June 28, 2024, is being presented for ratification by the City Council. Payments have been reviewed and approved by the appropriate departmental staff. The Finance Director certifies to the accuracy of the attached register and to the availability of monies for payment thereof.
Fiscal Impact:
Ratification of the accompanying Warrant Register includes disbursements totaling $475,042.13.
Attachments:
1. Warrant Register - July 9, 2024
2. Payables Detail Report - July 9, 2024
Payment Amount
9,038.75
1,017.58
2,699.76
695.00
183.05
29.12 435.00
4,265.00
2,141.65
122.50
2,250.00
1,116.00
1,514.38
27,012.05
55,455.97
64,646.72
200.00
17,721.64
20,150.00
292.40
376.16
1,613.98
21,867.22
16,362.50
2,883.64
175.80
10,392.98
200.00
486.04
9,986.13
1,237.50
526.48
15,995.71
1,018.52
500.00
4,752.69
7,800.00
200.00
39,920.26
7,527.68
200.00
500.00
15,000.00
1,500.00
4,215.07
110.39
170.00
193.44
248.30
2,440.00
2,500.00
899.76
431.50
7/1/2024 11:19:12 AM Page 1 of 4
3868 T-2714 TOP ROCK ENTERTAINMENT 06/28/2024
3869 T-2712 TOTAL SOURCE OFFICEWORKS 06/28/2024
3870 T-2639 TURF STAR, INC. 06/28/2024
3865 S-2295 SOUTHERN COMPUTER WAREHOUSE 06/28/2024
3866 S-2250 SPARKLETTS 06/28/2024
3867 S-2317 SWANK MOTION PICTURES, INC. 06/28/2024
3862 S-1904 SOUTHERN CALIFORNIA EDISON 06/28/2024
3863 S-1904 SOUTHERN CALIFORNIA EDISON 06/28/2024
3864 S-2297 SOUTHERN CALIFORNIA RADAR/LASER CERT. LAB 06/28/2024 3859 S-2315 SHEPHERD, GEORGIA 06/28/2024
3860 S-2335 SO CAL RIDES LLC 06/28/2024
3861 Z-CD-0322 SOUTH, ANDREW 06/28/2024
3856 S-1902 SAN DIEGO GAS AND ELECTRIC 06/28/2024
3857 S-2332 SANTA MARGARITA PLUMBING AND AIR 06/28/2024 3858 P-1849 SHELLEY ANNE PETERS 06/28/2024
3853 Q-1704 QUICK CRETE PRODUCTS CORP. 06/28/2024
3854 R-1977 RJ ELECTRIC 06/28/2024
3855 B-0447 ROBERT FRANK BROSKI 06/28/2024
3850 M-1302 MOULTON NIGUEL WATER DISTRICT 06/28/2024
3851 N-1493 NEXUS TECHNOLOGIES 06/28/2024
3852 Z-CD-0018 PREMIER POOL AND SPA 06/28/2024
3847 M-1611 MARK THOMAS & COMPANY, INC. 06/28/2024
3848 A-0317 MICHAEL ABRAHAM 06/28/2024
3849 M-1388 MOBILE MINI, INC. 06/28/2024
3844 J-1057 JAMEY CLARK, INC. 06/28/2024
3845 B-0457 JAXSON BRASUIER 06/28/2024
3846 L-1390 LAGUNA TERRACE BEAUTIFICATION TEAM 06/28/2024 3841 I-0983 INTERWEST CONSULTING GROUP, INC. 06/28/2024 3842 I-0960 IRV SEAVER MOTORCYCLES 06/28/2024
3843 I-0942 IRVINE RANCH WATER DISTRICT 06/28/2024
3838 H-0969 HAOLE BOYS SHAVE ICE OC 06/28/2024
3839 H-0829 HARTZOG AND CRABILL, INC. 06/28/2024
3840 H-0960 HR GREEN PACIFIC, INC. 06/28/2024
3835 E-0554 ECONOMICS, INC. 06/28/2024
3836 E-0614 EMPIRE PARKING LOT SERVICES, LLC 06/28/2024 3837 G-0867 GAMECRAFT BREWING 06/28/2024
3832 D-0578 DE NOVO PLANNING GROUP 06/28/2024
3833 D-0491 DELL COMPUTER CORPORATION 06/28/2024
3834 B-0456 DIANNE BROSKI 06/28/2024
3829 C-1190 COUNTY OF ORANGE 06/28/2024
3830 C-0023 COX COMMUNICATION 06/28/2024
3831 C-1122 CROSSTOWN ELECTRICAL AND DATA, INC. 06/28/2024 3826 C-1177 CANON FINANCIAL SERVICES, INC. 06/28/2024
3827 C-1096 CODE PUBLISHING COMPANY, INC. 06/28/2024
3828 C-1222 COUNTS UNLIMITED, INC. 06/28/2024
3823 A-0365 AT AND T - CALNET 3 06/28/2024
3824 B-0431 BMI 06/28/2024
3825 B-0442 BOULDER EARTHWORK INC 06/28/2024
3820 A-0138 ALL CITY MANAGEMENT, INC. 06/28/2024
3821 A-0392 AQUATICO 06/28/2024
3822 A-0360 ARC DOCUMENT SOLUTIONS, LLC 06/28/2024
Payment Type: Regular
3818 A-0388 ABTECH TECHNOLOGIES, INC. 06/28/2024
3819 Z-CD-0471 ALFREDO VENEGAS 06/28/2024
Warrant Register - July 9, 2024
City of Laguna Hills, CA By Check Number
Date Range: 06/15/2024 - 06/28/2024
Check Number Vendor Number Vendor Name Payment Date
Payment Amount
1,400.00
1,300.00
200.00
7,412.65
390.00
35,870.52
2,000.00
4,865.46
436,656.95
7/1/2024 11:19:12 AM Page 2 of 4
3877 Y-2655 YACHTY BY NATURE 06/28/2024
3878 Z-CD-0472 ZAC REESE 06/28/2024
Total Regular:
3874 W-2337 WEST COAST ARBORISTS, INC. 06/28/2024
3875 Z-CD-0470 WILLIAM J BURKEN 06/28/2024
3876 R-1801 WOODRUFF & SMART, A PROFESSIONAL CORPORATION 06/28/2024 3871 T-2656 TYLER TECHNOLOGIES, INC. 06/28/2024
3872 V-2257 VITAL VALT 06/28/2024
3873 H-0970 WAYNE HARROPSON 06/28/2024
Warrant Register - July 9, 2024 Date Range: 06/15/2024 - 06/28/2024 Check Number Vendor Number Vendor Name Payment Date
Payment Amount
7,000.00
31,045.61
339.57
7/1/2024 11:19:12 AM Page 3 of 4
EFT's 0 0 0.00 0.00
91 64 0.00 475,042.13
Voided Checks 0 0 0.00 0.00
Bank Drafts 3 3 0.00 38,385.18
Regular Checks 88 61 0.00 436,656.95
Manual Checks 0 0 0.00 0.00
DFT0002866 W-2450 WEX BANK 06/26/2024
Total Bank Draft: 38,385.18
Bank Code 1 - General Summary
Payable
Count
Payment
Payment Type Count Discount Payment
Payment Type: Bank Draft
DFT0002863 H-0966 HIGH LEVEL SECURITY SOLUTIONS, INC. 06/21/2024 DFT0002865 C-1007 OCSD LAW ENFORCEMENT CONTRACT, OC TREASURER-TAX 06/26/2024 Warrant Register - July 9, 2024 Date Range: 06/15/2024 - 06/28/2024 Check Number Vendor Number Vendor Name Payment Date
475,042.13
7/1/2024 11:19:12 AM Page 4 of 4
Fund Summary
Fund Name Period Amount
998 Pooled Cash & Investments 6/2024 475,042.13
EFT's 0 0 0.00 0.00
91 64 0.00 475,042.13
Voided Checks 0 0 0.00 0.00
Bank Drafts 3 3 0.00 38,385.18
Regular Checks 88 61 0.00 436,656.95
Manual Checks 0 0 0.00 0.00
Warrant Register - July 9, 2024 Date Range: 06/15/2024 - 06/28/2024 All Bank Codes Check Summary
Payable
Count
Payment
Payment Type Count Discount Payment
Amount
06/28/2024 IRV SEAVER MOTORCYCLES 20241362 Motorcycle Maintenance, Police Svcs, Jun '24
100-420-646100 1,226.06
7/1/2024 11:15:53 AM Page 1 of 6
06/28/2024 IRV SEAVER MOTORCYCLES 20241306 Motorcycle Maintenance, Police Svcs, Jun '24
100-420-646100 1,168.88
06/28/2024 IRV SEAVER MOTORCYCLES 20241341 Motorcycle Maintenance, Police Svcs, Jun '24
100-420-646100 488.70
06/28/2024 HR GREEN PACIFIC, INC. 174695 Public Works Permit Inspections, Apr '24
100-355-700255 6,921.00
06/28/2024 HR GREEN PACIFIC, INC. 175795 Public Works Permit Inspections, May '24
100-355-700255 8,474.25
06/28/2024 ARC DOCUMENT SOLUTIONS, LLC 12504914 Printing Services, Public Works, Jun 100-355-623000 103.72 06/28/2024 SANTA MARGARITA PLUMBING AND
AIR
16609-38789 Plumbing Repairs, Jun '24 100-310-645500 7,527.68 06/28/2024 BMI 11437093 Music License, 6/1/24 - 6/30/24 100-310-611500 36.25 06/28/2024 EMPIRE PARKING LOT SERVICES, LLC 12457 Seal Coat & Stripe, CIP #505 100-000-790600 20,150.00 06/28/2024 DELL COMPUTER CORPORATION 10747718580 Network Upgrade Project, May '24 100-195-940000 64,646.72 06/28/2024 BMI 11437093 Music License, 7/1/24 - 5/31/25 100-000-140000 398.75 06/28/2024 SOUTHERN CALIFORNIA
RADAR/LASER CERT. LAB
0624007 Equip Maint & Repairs, Police
Services, Jun '24
100-420-646000 170.00
06/28/2024 TOP ROCK ENTERTAINMENT 062624 4th of July Band, 7/4/24 100-000-140000 2,500.00 06/28/2024 MOULTON NIGUEL WATER DISTRICT 062024 Utilities - Water, 5/21/24 - 6/17/24 100-355-635000 88.16 06/28/2024 SOUTHERN CALIFORNIA EDISON 062024 - Acct #700076000453 Utilities - Electric, 5/1/24 - 6/19/24 100-356-631400 110.39 06/28/2024 COX COMMUNICATION 061724 T-1 Line, Jun '24 100-195-630000 584.68 06/28/2024 LAGUNA TERRACE BEAUTIFICATION
TEAM
061824 Plein Air Paint Event Supplies 100-310-695500 486.04 06/28/2024 SAN DIEGO GAS AND ELECTRIC 061324 Utilities - Electric, 4/6/24 - 5/8/24 100-356-631900 3,364.03 06/28/2024 SOUTHERN CALIFORNIA EDISON 061324 - Acct #700162476559 Utilities - Electric, 5/22/24 100-356-631900 4,215.07 06/28/2024 MOULTON NIGUEL WATER DISTRICT 061324 Utilities - Water, 5/14/24 - 6/10/24 100-355-635000 15,221.97 06/28/2024 SAN DIEGO GAS AND ELECTRIC 061324 Utilities - Electric, 4/6/24 - 5/8/24 100-356-631400 15,104.58 06/28/2024 MOULTON NIGUEL WATER DISTRICT 061324 Utilities - Water, 5/14/24 - 6/10/24 100-310-635100 685.58 06/28/2024 SAN DIEGO GAS AND ELECTRIC 061324 Utilities - Electric, 4/6/24 - 5/8/24 100-355-631000 10,478.75 06/28/2024 SO CAL RIDES LLC 061224 Program Expense, 4th of July Event 100-000-140000 15,000.00 06/28/2024 SAN DIEGO GAS AND ELECTRIC 061324 Utilities - Electric, 4/6/24 - 5/8/24 100-310-631100 10,972.90 06/28/2024 ROBERT FRANK BROSKI 061224 Program Expense, 4th of July Event 100-000-140000 200.00 06/28/2024 SHELLEY ANNE PETERS 061224 Program Expense, 4th of July Event 100-000-140000 200.00 06/28/2024 JAXSON BRASUIER 061224 Program Expense, 4th of July Event 100-000-140000 200.00 06/28/2024 WAYNE HARROPSON 061224 Program Expense, 4th of July Event 100-000-140000 200.00 06/28/2024 COX COMMUNICATION 060724 Traffic Signal, Jun '24 100-195-630000 84.00 06/28/2024 DIANNE BROSKI 061224 Program Expense, 4th of July Event 100-000-140000 200.00 06/28/2024 IRVINE RANCH WATER DISTRICT 060324 Utilities - Water, 5/1/24 - 6/1/24 100-355-635000 175.80 06/28/2024 COX COMMUNICATION 060524 T-1 Line, Jun '24 100-195-630000 845.70 06/28/2024 TYLER TECHNOLOGIES, INC. 025-455328 EPL Implementation Services, Jan '24 100-195-720050 900.00 06/28/2024 TYLER TECHNOLOGIES, INC. 025-464263 EPL Management Services, Apr '24 100-195-720050 500.00 06/28/2024 HAOLE BOYS SHAVE ICE OC 008/16/2024 Program Expense, 4th of July Event 100-000-140000 376.16 06/28/2024 YACHTY BY NATURE 022724a Deposit, Summer Concert Series, 8/9/24
100-000-140000 2,000.00
06/28/2024 AT AND T - CALNET 3 000021815130 Traffic Signal, May '24 100-356-630000 29.12 06/28/2024 VITAL VALT 00011494 Virtual Label Design, Printing & Training, Jun '24
100-195-700090 1,300.00
06/26/2024 WEX BANK 97272274 Vehicle Maintenance, May '24 100-225-646100 32.99 06/26/2024 OCSD LAW ENFORCEMENT
CONTRACT, OC TREASURER-TAX
SH 68799 OCSD, LEC, Memorial Day Run 100-310-695507 31,045.61 Fund: 100 - General Fund
06/21/2024 HIGH LEVEL SECURITY SOLUTIONS,
INC.
5781 Private Security Patrol, 6/4/24 -
6/17/24
100-420-720850 7,000.00
06/26/2024 WEX BANK 97272274 Vehicle Fuel, May '24 100-225-613100 306.58 Payables Detail Report
City of Laguna Hills, CA By Fund
Payment Dates 06/15/2024 - 06/28/2024
Payment Date Vendor Name Payable Number Description (Item) Account Number
Amount
7/1/2024 11:15:53 AM Page 2 of 6
06/28/2024 ALL CITY MANAGEMENT, INC. 94182 Crossing Guard Services, 5/26/24 - 6/8/24
100-420-720822 2,699.76
06/28/2024 SOUTH, ANDREW BLDR-0147-2024 BLDR-0147-2024, C&D Refund, REC012510-2024100-000-227001 1,500.00 06/28/2024 MOBILE MINI, INC. 9021155504 Storage Rental, Community Center, 6/11 - 7/8/24
100-310-641000 82.97
06/28/2024 MOBILE MINI, INC. 9021166772 Storage Rental, Community Center, 6/12 - 7/9/24
100-310-641000 217.80
06/28/2024 RJ ELECTRIC 78833J Convenience Receptacle at Park, Jun '24
100-355-720701 7,800.00
06/28/2024 MOBILE MINI, INC. 9021112638 Storage Rental, Community Center, 6/5 - 7/2/24
100-310-641000 225.71
06/28/2024 WOODRUFF & SMART, A
PROFESSIONAL CORPORATION
76095 Prof Services Legal, Apr '24, USE0165-2023100-000-223000 11,328.00 06/28/2024 WOODRUFF & SMART, A
PROFESSIONAL CORPORATION
76096 Prof Services Legal, Apr '24, USE0166-2023100-000-223000 4,366.00 06/28/2024 WOODRUFF & SMART, A
PROFESSIONAL CORPORATION
76093 Professional Services Legal, Apr '24,
MGP
100-155-700010 1,445.50
06/28/2024 WOODRUFF & SMART, A
PROFESSIONAL CORPORATION
76094 Prof Services Legal, Apr '24, USE0147-2023100-000-223000 1,062.00 06/28/2024 WOODRUFF & SMART, A
PROFESSIONAL CORPORATION
76084 Professional Services Legal, Apr '24 100-155-700010 17,335.82 06/28/2024 WOODRUFF & SMART, A
PROFESSIONAL CORPORATION
76084 Professional Services Legal, Apr '24 100-155-700011 333.20 06/28/2024 JAMEY CLARK, INC. 75217 Graffiti Removal, Public Works, Jun 100-355-720500 724.00 06/28/2024 JAMEY CLARK, INC. 75230 Park Repairs, Public Works, Jun '24 100-355-720701 284.48 06/28/2024 JAMEY CLARK, INC. 74898 Park Repairs, Public Works, Mar '24 100-355-720701 1,285.50 06/28/2024 JAMEY CLARK, INC. 75203 Graffiti Removal, Public Works, May '24
100-355-720500 724.00
06/28/2024 BOULDER EARTHWORK INC 6686 Parks Contract Repair, Jun '24 100-355-720701 4,265.00 06/28/2024 JAMEY CLARK, INC. 74662 Park Repairs, Public Works, Dec '23 100-355-720701 7,375.00 06/28/2024 MARK THOMAS & COMPANY, INC. 49705 OCTA CSP Grant Writing Services, Nov '23
100-355-700100 9,986.13
06/28/2024 CROSSTOWN ELECTRICAL AND DATA,
INC.
5072 - 5134 Traffic Signal Maintenance, May '24 100-356-720420 27,012.05 06/28/2024 DE NOVO PLANNING GROUP 4230 LH Housing, Rezone and ODS Program, Apr '24
100-225-700225 49,626.97
06/28/2024 DE NOVO PLANNING GROUP 4314 LH Housing, Rezone and ODS Program, Jun '24
100-225-700225 5,829.00
06/28/2024 AQUATICO 372-270 Fountains/Water Features
Maintenance, Jun '24
100-310-645500 695.00
06/28/2024 SPARKLETTS 4228482 061424 Operating Supplies, Jun '24 100-195-622000 248.30 06/28/2024 TOTAL SOURCE OFFICEWORKS 36139 Computer Supplies, Jun '24 100-195-621000 562.94 06/28/2024 TOTAL SOURCE OFFICEWORKS 36139 Office Supplies, Jun '24 100-310-620500 180.98 06/28/2024 CANON FINANCIAL SERVICES, INC. 33159187a Copier Lease SN 2XK05658, 6/1/24 - 6/30/24
100-195-641200 303.86
06/28/2024 TOTAL SOURCE OFFICEWORKS 36070 Operating Supplies, Jun '24 100-195-622000 155.84 06/28/2024 CANON FINANCIAL SERVICES, INC. 33158879 Lease - Copier SN 2KS02091, 6/1/24 - 6/30/24
100-195-641200 317.82
06/28/2024 CANON FINANCIAL SERVICES, INC. 33159187a Copier Usage SN 2XK05658, 5/1/24 - 5/31/24
100-195-641200 89.93
06/28/2024 CANON FINANCIAL SERVICES, INC. 33157422 Copier Lease SN 2HT04285, 6/1/24 - 6/30/24
100-195-641200 253.84
06/28/2024 CANON FINANCIAL SERVICES, INC. 33157422 Copier Usage SN 2HT04285, 5/1/24 - 5/31/24
100-195-641200 1,176.20
06/28/2024 NEXUS TECHNOLOGIES 317971 Software Support, Jan '24 100-195-700090 925.00 06/28/2024 NEXUS TECHNOLOGIES 319969 Software Support, Feb '24 100-195-700090 93.52 06/28/2024 COUNTS UNLIMITED, INC. 24366 Traffic Data Collection, Jun '24 100-356-700101 1,800.00 06/28/2024 COUNTS UNLIMITED, INC. 24367 Traffic Data Collection, Jun '24 100-356-700101 450.00 06/28/2024 HARTZOG AND CRABILL, INC. 24-0386(HCI#3502) Traffic Signal Mgmt Services, May '24 100-356-700101 1,613.98 06/28/2024 MICHAEL ABRAHAM 24101 VitalValt Integration Deposit 100-195-700090 1,237.50 Payables Detail Report Payment Dates: 06/15/2024 - 06/28/2024 Payment Date Vendor Name Payable Number Description (Item) Account Number 06/28/2024 WEST COAST ARBORISTS, INC. 215440 Tree Trimming Services, May '24 100-355-720702 7,412.65
Amount
Fund 600 - Capital Improvement Projects Fund Total: -
7/1/2024 11:15:53 AM Page 3 of 6
06/28/2024 INTERWEST CONSULTING GROUP, 407565 Engineer Services, CIP #104, May '24 600-000-490210 (16,362.50) 06/28/2024 INTERWEST CONSULTING GROUP, 407565 Engineer Services, CIP #104, May '24 600-251-950104 16,362.50 06/28/2024 HR GREEN PACIFIC, INC. 175792 La Paz Pavement Rehabilitation, CIP #109, May '24
600-000-490210 (1,845.00)
06/28/2024 HR GREEN PACIFIC, INC. 175792 La Paz Pavement Rehabilitation, CIP #109, May '24
600-251-950109 1,845.00
06/28/2024 HR GREEN PACIFIC, INC. 174696 La Paz Pavement Rehabilitation, CIP #109, Apr '24
600-000-490210 (4,626.97)
06/28/2024 HR GREEN PACIFIC, INC. 174696 La Paz Pavement Rehabilitation, CIP #109, Apr '24
600-251-950109 4,626.97
06/28/2024 ARC DOCUMENT SOLUTIONS, LLC 12501739 Printing Services, Public Works, CIP #104
600-000-490210 (79.33)
06/28/2024 ARC DOCUMENT SOLUTIONS, LLC 12501739 Printing Services, Public Works, CIP #104
600-251-950104 79.33
06/28/2024 EMPIRE PARKING LOT SERVICES, LLC 12457 Seal Coat & Stripe, CIP #505 600-000-490100 (20,150.00) 06/28/2024 EMPIRE PARKING LOT SERVICES, LLC 12457 Seal Coat & Stripe, CIP #505 600-255-950505 20,150.00 06/28/2024 ECONOMICS, INC. 2023-11 Professional Services, Recycling Program, May '24
306-355-700000 17,721.64
Fund 306 - CR&R Recycling Fee Fund Total: 17,721.64
Fund: 600 - Capital Improvement Projects Fund
06/28/2024 QUICK CRETE PRODUCTS CORP. 130409 Bus Bench, Jun '24 212-355-720400 4,752.69 Fund 212 - Measure M2 Fund Total: 4,752.69
Fund: 306 - CR&R Recycling Fee Fund
06/28/2024 INTERWEST CONSULTING GROUP, 407565 Engineer Services, CIP #104, May '24 210-000-790600 16,362.50 Fund 210 - Gas Tax (HUTA) Fund Total: 22,913.80
Fund: 212 - Measure M2 Fund
06/28/2024 HR GREEN PACIFIC, INC. 174696 La Paz Pavement Rehabilitation, CIP #109, Apr '24
210-000-790600 4,626.97
06/28/2024 HR GREEN PACIFIC, INC. 175792 La Paz Pavement Rehabilitation, CIP #109, May '24
210-000-790600 1,845.00
Fund 100 - General Fund Total: 429,154.00
Fund: 210 - Gas Tax (HUTA) Fund
06/28/2024 ARC DOCUMENT SOLUTIONS, LLC 12501739 Printing Services, Public Works, CIP #104
210-000-790600 79.33
06/28/2024 ZAC REESE USE-0157-2023 USE-0157-2023, Fee Refund, R #00011955
100-000-223000 4,865.46
06/28/2024 ABTECH TECHNOLOGIES, INC. W205121-IN Computer Consulting Services, Jun 100-195-700090 8,400.00 06/28/2024 COUNTY OF ORANGE SH 68650 Fingerprint ID System Charges, Jun 100-420-720835 1,116.00 06/28/2024 ABTECH TECHNOLOGIES, INC. SS19813-IN Computer Consulting Services, May '24
100-195-700090 638.75
06/28/2024 TURF STAR, INC. INV023682 Maintenance Utility Cart, Comm Svcs, Jun '24
100-310-646500 431.50
06/28/2024 PREMIER POOL AND SPA POOLR-0006-2023 POOLR-0006-2023, Pool Bond Refund, REC-010270-2023
100-000-228001 500.00
06/28/2024 CODE PUBLISHING COMPANY, INC. GCI0014375 Municipal Code Update, Jun '24 100-155-700030 122.50 06/28/2024 SOUTHERN COMPUTER WAREHOUSE INV00812103 CAT6A Cables, Jun '24 100-195-621000 193.44 06/28/2024 SWANK MOTION PICTURES, INC. BO 2261418 Movies in the Park, FY 24/25 100-000-140000 2,440.00 06/28/2024 GAMECRAFT BREWING GC-4945 Program Expense, 1/2 Marathon, May '24
100-310-695507 292.40
06/28/2024 ALFREDO VENEGAS BLDR-0211-2024 BLDR-0211-2024, Permit Fee Refund, REC-012866-2024
100-000-227001 840.00
06/28/2024 ALFREDO VENEGAS BLDR-0211-2024 BLDR-0211-2024, Permit Fee Refund, REC-012866-2024
100-000-442000 176.58
06/28/2024 WILLIAM J BURKEN BLDR-0186-2024 BLDR-0186-2024, C&D Deposit, REC012714-2024100-000-227001 390.00 06/28/2024 ALFREDO VENEGAS BLDR-0211-2024 BLDR-0211-2024, Permit Fee Refund, REC-012866-2024
100-000-221011 1.00
Payables Detail Report Payment Dates: 06/15/2024 - 06/28/2024 Payment Date Vendor Name Payable Number Description (Item) Account Number
Amount
Grand Total: 475,042.13
7/1/2024 11:15:53 AM Page 4 of 6
Fund: 998 - Pooled Cash & Investments
06/28/2024 SHEPHERD, GEORGIA 062824 July 4th, Change Boxes 998-000-100007 500.00 Fund 998 - Pooled Cash & Investments Total: 500.00
Payables Detail Report Payment Dates: 06/15/2024 - 06/28/2024 Payment Date Vendor Name Payable Number Description (Item) Account Number
100-420-720835 Fingerprint Identification Services 1,116.00 100-420-720850 Private Security Patrol 7,000.00
7/1/2024 11:15:53 AM Page 5 of 6
100-420-646000 Equipment/Machinery 170.00
100-420-646100 Vehicle Maintenance & Repairs 2,883.64
100-420-720822 Crossing Guard Services 2,699.76
100-356-631900 MOE - Electric (On-Bill Financing) 7,579.10 100-356-700101 MOE - Traffic Engineer Services 3,863.98 100-356-720420 MOE - Traffic Signal Maintenance 27,012.05 100-355-720702 Tree Maintenance 7,412.65
100-356-630000 MOE - Telephone & 29.12
100-356-631400 MOE - Electric (Streetlights & 15,214.97 100-355-700255 Improvement Inspections 15,395.25
100-355-720500 Graffiti Removal 1,448.00
100-355-720701 Parks Contract Repair 21,009.98
100-355-631000 Utilities - Electric 10,478.75
100-355-635000 Utilities - Water 15,485.93
100-355-700100 City Engineer Services 9,986.13
100-310-695500 Special Events - Program Services 486.04 100-310-695507 Marathon 5k 31,338.01
100-355-623000 Printing 103.72
100-310-641000 Equipment Rentals & Leases 526.48
100-310-645500 Facility Maintenance & Repairs 8,222.68
100-310-646500 Equipment Maintenance & 431.50
100-310-620500 Office Supplies - Community 180.98
100-310-631100 Utilities - Electric (Community 10,972.90 100-310-635100 Utilities - Water (Community 685.58
100-225-646100 Vehicle Maintenance & Repairs 32.99
100-225-700225 Housing Element 55,455.97
100-310-611500 Certification/License Fees 36.25
100-195-720050 Contract Services - Software 1,400.00
100-195-940000 Computer Hardware & Software 64,646.72
100-225-613100 Vehicle Fuel 306.58
100-195-630000 Telephone & Communications 1,514.38
100-195-641200 Copier Leases 2,141.65
100-195-700090 Computer Consulting Services 12,594.77
100-155-700030 Professional Services - City Clerk 122.50 100-195-621000 Computer Supplies 756.38
100-195-622000 Operating Supplies 404.14
100-000-790600 Transfers Out to Capital 20,150.00
100-155-700010 Legal Services - General Counsel 18,781.32 100-155-700011 Legal Services - Litigation 333.20
100-000-227001 Security Deposit - Waste 2,730.00
100-000-228001 Swimming Pool Construction 500.00
100-000-442000 Building Related Permits 176.58
100-000-140000 Prepaid Items 23,714.91
100-000-221011 Building Standards Fee 1.00
100-000-223000 Plan Application Deposit 21,621.46
600 - Capital Improvement Projects Fund -
998 - Pooled Cash & Investments 500.00
Grand Total: 475,042.13
Account Summary
Account Number Account Name Payment Amount
Fund Payment Amount
100 - General Fund 429,154.00
210 - Gas Tax (HUTA) Fund 22,913.80
212 - Measure M2 Fund 4,752.69
306 - CR&R Recycling Fee Fund 17,721.64
Payables Detail Report Payment Dates: 06/15/2024 - 06/28/2024 Report Summary
Fund Summary
Project Account Key Payment Amount
**None** 475,042.13
Grand Total: 475,042.13
7/1/2024 11:15:53 AM Page 6 of 6
600-255-950505 Civic Center Improvements 20,150.00
998-000-100007 Cash on Hand - Cashier's Float 500.00
Grand Total: 475,042.13
Project Account Summary
600-000-490210 Transfers In from Gas Tax (HUTA) (22,913.80) 600-251-950104 Paseo De Valencia Pavement 16,441.83
600-251-950109 La Paz Road Pavement Rehab 6,471.97
212-355-720400 Street Maintenance 4,752.69
306-355-700000 Professional Services 17,721.64
600-000-490100 Transfers In from General Fund (20,150.00) Payables Detail Report Payment Dates: 06/15/2024 - 06/28/2024 Account Summary
Account Number Account Name Payment Amount
210-000-790600 Transfers Out to Capital 22,913.80
Item No. 4.4
City of Laguna Hills
City Council / Planning Agency
Staff Report
Date: July 9, 2024
To: Mayor and Council Members
From: Joe Ames, Public Works Director/City Engineer
Issue: Notice of Completion and Final Payment for the Citywide Sidewalk Repairs & Concrete Construction Project Re-Bid, CIP No. 106
Recommendation: That the City Council: 1) Certify the completion of and accept the improvements for the subject project; 2) Authorize the Public Works Director to sign the Notice of Completion; 3) Authorize the recording of the Notice of Completion with the County of Orange and to release the faithful performance and payment bonds one year and 35 days, respectively, after the date of recordation of the Notice of Completion contingent upon no claims or liens being filed with the City; and 4) Authorize payment of the final retention 35 days after the date of recordation of the Notice of Completion in the net amount of $32,924.13, if no liens have been filed.
Background:
The Citywide Sidewalk Repairs & Concrete Construction Project Re-Bid, CIP No. 106, was awarded to CT&T Concrete Paving, Inc. on September 12, 2023, by the City Council in the amount of $607,850.00. The improvements are now complete and ready for acceptance.
Procedurally, a five-percent (5%) retention is withheld from each payment to assure final performance of the work. The contractor for this project has submitted the retention progress payment in the amount of $32,924.13.
City staff recommends that the City Council: 1) Certify the completion of and accept the improvements for the subject project; 2) Authorize the Public Works Director to sign the Notice of Completion; 3) Authorize the recording of the Notice of Completion with the County of Orange and to release the faithful performance and payment bonds
Item No. 4.4
one year and 35 days, respectively, after the date of recordation of the Notice of Completion contingent upon no claims or liens being filed with the City; and 4) Authorize payment of the final retention 35 days after the date of recordation of the Notice of Completion in the net amount of $32,924.13, if no liens have been filed.
Fiscal Impact:
CIP No. 106 has a FY2023/2024 budget of $690,000.00, as amended by City Council on September 12, 2023.
Original Contract Amount: $607,850.00 (CT&T Concrete Paving, Inc.) Contingency for Change Orders: $82,150.00
Total Project Budget: $690,000.00
Original Contract Amount: $607,850.00
Total Contract Change Orders: $50,632.50
Total Contract Cost: $658,482.50
Therefore, the total project cost is within the FY 2023/2024 Capital Improvement Program budget for the Citywide Sidewalk Repairs & Concrete Construction Project ReBid, CIP No. 106.
Included in the CIP No. 106 budget is $150,000.00 in funding from Saddleback Valley School District for the construction of the retaining wall on La Paz Road. The District has already reimbursed the City for its share of the project. Therefore, of the $658,482.50 spent on this project, $508,482.50 was spent using funds from the General Fund.
Attachments:
1. Notice of Completion - CIP No. 106
Recording Requested By:
The City of Laguna Hills
When Recorded Mail To:
Jennifer Lee, City Clerk
City of Laguna Hills
24035 El Toro Road
Laguna Hills, CA 92653
EXEMPT FROM RECORDING FEES PER
GOVERNMENT CODE §§ 6103, 27383
SPACE ABOVE THIS LINE OF FOR RECORDER’S USE
NOTICE OF COMPLETION
Notice is hereby given that the following public improvements have been completed and accepted by the City Council of the City of Laguna Hills on July 9, 2024.
Description of Improvements
• Removal and replacement of sidewalk, parkway culverts, and driveway aprons in various locations throughout the City;
• Removal of existing sidewalk, construction of a wider sidewalk and a retaining wall, and installation of landscaping and irrigation on the slope behind the retaining wall on the southerly side of La Paz Road between Paseo de Valencia and Grissom Road in front of Valencia Elementary School as a cooperative effort between the City and Saddleback Valley Unified School District;
• Removal of existing sidewalk and construction of a wider sidewalk on the northerly side of La Paz Road between Rickenbacker Road and The Hills Hotel driveway; and • Removal of existing turf grass and soil and construction of concrete within the Community Center’s service driveway.
General Location
Various location throughout City. (see Description of Improvements) Owner of Property Address Contractor
City of Laguna Hills CT&T Concrete Paving, Inc.
24035 El Toro Road 324 S. Diamond Bar Blvd., PMB 275
Laguna Hills, CA 92653 Diamond Bar, CA 91765
This Notice of Completion is executed under authority of a directive from the City Council of the City of Laguna Hills.
I, Joseph J. Ames, declare under penalty of perjury that I am the City Engineer of the City of Laguna Hills, that I am familiar with the facts stated in the foregoing Notice of Completion executed for and on its behalf, and that I have read the foregoing Notice of Completion and know the contents thereof to be true.
Dated: July 10,2024
Joseph J. Ames, P.E., T.E., Public Works Director/City Engineer City of Laguna Hills
EXEMPT FROM NOTARY ACKNOWLEDGEMENT REQUIREMENTS
PER GOVERNMENT CODE § 27287 AND CIVIL CODE § 9208
_______________________________
Jennifer Lee, CMC, City Clerk
Item No. 4.5
City of Laguna Hills
City Council / Planning Agency
Staff Report
Date: July 9, 2024
To: Mayor and Council Members
From: Joe Ames, Public Works Director/City Engineer
Issue: Agreement with Age Well Senior Services for Community Development Block Grant Funds for Fiscal Year 2024/2025
Recommendation: That the City Council: 1) Approve the Agreement between Age Well Senior Services, Inc., and the City of Laguna Hills for Community Development Block Grant Funds for Fiscal Year 2024/2025; 2) Authorize the City Manager to execute the Agreement; and 3) Authorize the Finance Director to amend the Fiscal Year 2024/2025 budget to account for the $350,000 grant.
Background:
On January 23, 2024, City Council adopted Resolution No. 2024-01-23-1 authorizing the submittal of the City of Laguna Hills Public Facilities and Improvements Project application for Fiscal Year 2024-2025 through the County’s Urban Counties Program, and accepting the award of Community Development Block Grant (CDBG) funds, if awarded funding. The Project application consisted of curb ramp replacements on Paseo de Valencia and Alicia Parkway and, in partnership with the Florence Sylvester Memorial Senior Center, for improvements to the Center. Subsequently, Orange County Community Resources notified the City that it had been awarded the requested amount of $350,000. Of the $350,000 total CDBG funds, $75,000 is to be used for the application of heat-reducing paint to the exterior of the Florence Sylvester Memorial Senior Center and the interior dining room. In accordance with the adopted Resolution, the City Manager executed Contract No. 012-24011200 between the County of Orange and the City of Laguna Hills.
However, in order for Age Well Senior Services to access the “pass-through” CDBG funds for use at the Florence Sylvester Memorial Senior Center, Age Well Senior
Item No. 4.5
Services is required to enter into a “sub-recipient” agreement with the City of Laguna Hills to accept these funds.
City staff recommends that the City Council approve the Agreement between Age Well Senior Services and the City of Laguna Hills for Community Development Block Grant Funds for Fiscal Year 2024/2025, and authorize the City Manager to execute the Agreement.
CEQA Findings:
This action is not subject to the California Environmental Quality Act pursuant to Section 15301, Class 1, “Existing Facilities” of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because the contemplated activities (curb ramp replacement and painting of the exterior and interior of a building) consist of negligible or no expansion of existing or former use.
Fiscal Impact:
The proposed City of Laguna Hills Public Facilities and Improvements Fiscal Year 2024- 2025 project is anticipated to cost a total of $437,500.
The improvements at the Florence Sylvester Memorial Senior Center are estimated to cost $75,000. The requested grant amount was $75,000 with a $0 match from the Senior Center for a total project component cost of $75,000.
The removal and replacement of Americans with Disabilities Act (ADA) non-compliant curb ramps at 15 intersections on Paseo de Valencia (between Interstate 5 and Alicia Parkway) and at 4 intersections on Alicia Parkway (from Paseo de Valencia to Moulton Parkway) are estimated to cost $362,500. The requested grant amount was $275,000 with a $87,500 match from CIP No. 104 for a total project component cost of $362,500.
Therefore, the total grant request was for $350,000 with the City contributing a 20% match of $87,500 from CIP No. 104 for a total project cost of $437,500.
There are sufficient funds budgeted in CIP No. 104 to provide matching funds; therefore, no new fiscal impact will be realized to the City's budget as a result of this Project.
Item No. 4.5
Attachments:
1. Agreement between The City of Laguna Hills and Age Well Senior Services, Inc. for CDBG Public Facilities and Improvement Funds (Program Year 24/25)
1 AGREEMENT BETWEEN
THE CITY OF LAGUNA HILLS
AND
AGE WELL SENIOR SERVICES, INC.
FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
PUBLIC FACILITIES AND IMPROVEMENT FUNDS
(Program Year 2024/2025)
TITLE OF PROJECT: Public Facilities and Improvements – Florence Sylvester Senior Center (Age Well Senior Services, Inc.)
This AGREEMENT is made and entered into the 1st day of July, 2024.
BY AND BETWEEN City of Laguna Hills, a municipal corporation organized and existing under the laws of the
State of California, and hereinafter referred to as
"CITY".
AND Age Well Senior Services, Inc., a California NonProfit Public Benefit Corporation, hereinafter referred to as “SUB-RECIPIENT”
RECITALS
WHEREAS, the County of Orange (the “County”) has applied for and anticipates receiving funds from the United States Department of Housing and Urban Development, hereinafter referred to as “HUD”, under Title I of the Housing and Community Development Act of 1974 (Public Law 93-383, as amended) for the purpose of funding projects meeting one of the HUD national objectives; and
WHEREAS, the County of Orange and participating cities (of which the City is a member) previously entered into a Cooperation Agreement dated July 1, 2023, as amended, in which both parties agreed to cooperate in the undertaking, or assist in the undertaking, of community development and housing assistance activities; and WHEREAS, the County of Orange adopted its 2020-2024 Consolidated Plan and Citizen Participation Plan Annual Action Plan, which includes the solicitation of community development and housing assistance activity projects that meet a “high priority need” as
2 defined by the programmatic requirements in 24 CFR 570 Community Development Block Grant (“CDBG”); and
WHEREAS, the County of Orange solicited community development “Public Facilities and Improvement” projects from participating cities for grant funding in conformance with 24 CFR 570 Community Development Block Grant (“CDBG”), Catalog of Federal Domestic Assistance (“CDFA”) Number 14.218, which distributes formula grants to develop viable urban communities by providing decent housing, a suitable living environment, and expanding economic opportunities, principally for persons of low and moderate income; and
WHEREAS, the City is covered by the County’s 2020-2024 Consolidated Plan and Citizen Participation Plan Annual Action Plan, and
WHEREAS, the City submitted to the County of Orange an application for funding of the Project described herein, and
WHEREAS, the City has entered into a separate contract for the period July 1, 2024 - June 30, 2025 with the County of Orange (Contract No. 012-24011200, entitled “Contract for Public Facilities and Improvements City of Laguna Hills PF&I ADA Ramps, and Senior Center Improvements”, a copy of which is attached as Exhibit A and is incorporated herein by this reference) to receive Community Development Block Grant (CDBG) funds under Title I of the Housing and Community Development Act of 1974 (Public Law 93-838, as amended) for the purpose of assisting Sub-recipient with the Florence Sylvester Senior Center rehabilitation project which meets one of the HUD National Objectives, and WHEREAS, the City is considered to be the “Subrecipient” of the CDBG funds from the County of Orange; and
WHEREAS, Contract No. 012-24011200 provides that funds to the City for qualified projects are conditional upon: County being funded by HUD and the release of funds to County; Certification of Insurance; and certification of environmental compliance by County and/or HUD in accordance with 24 CFR 58 et seq., and
WHEREAS, Age Well Senior Services, Inc. is considered to be the “Sub-recipient” (hyphenated emphasis added to differentiate the City from Age Well Senior Services, Inc.) of its portion of the CDBG funds from the City; and
WHEREAS, the Sub-recipient is a California nonprofit public benefit corporation that has been selected by the City to receive and administer CDBG funds, and to provide the rehabilitation project services at the Florence Sylvester Senior Center, located at 23721 Moulton Parkway, as described in Exhibit B ("Project"), in accordance with the schedule of performance included therein; and
WHEREAS, Sub-recipient represents that it is qualified and willing to administer the Project and hereby certifies that the activities carried out with funds provided under this
3 Agreement will meet one or more of the CDBG program’s National Objectives, and WHEREAS, the Sub-recipient agrees that it will adhere to the Project performance measurements and outcomes set forth herein; and Sub-recipient understands and agrees that its failure to follow the performance measurements and meet the stated outcomes may constitute breach of contract that could result in termination of this Agreement or serve as reason for the City to recapture the CDBG funds awarded to Sub-recipient pursuant to this Agreement.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, the City and Sub-recipient agree as follows:
I. SCOPE OF SERVICES
A. Project Description
(1) As a condition of receiving CDBG funding pursuant to this Agreement, Sub-recipient shall act as Project Manager and shall be responsible for administering the approved fiscal year 2024-2025 CDBG Project described herein in a manner satisfactory to the City and consistent with any and all applicable standards, including this Agreement, Contract No. 012-24011200, completion milestones (provided by the County), and all applicable Federal, State, and local laws, guidelines, policies, and regulations. Subrecipient shall use CDBG funds for rehabilitation of the Florence Sylvester Senior Center, located at 23721 Moulton Parkway, as set forth in the Scope of Work described in Exhibit B, which is attached hereto and incorporated herein by reference (the “Project”). (2) The construction rehabilitation Project contemplated herein is a “public work,” under California Labor Code Section 1720, and the construction contractors should be paid prevailing wages in accordance with State law. In addition, the Federal Labor Standards, including Davis-Bacon prevailing wages shall apply. A current and appropriate Davis-Bacon wage decision approved by the County shall be included in the Construction Bid Package, along with HUD – 4010 form, “Federal Labor Standards Provisions.” In cases where the Davis-Bacon Act applies, Sub-recipient shall submit require payment of the highest rates, Federal, State, or local rates, for trades employed.
(3) Prior to advertising for bids, the Construction Bid Package for the work on the Project shall be submitted to the City for review and approval by the County’s Director of Housing and Community Services. A County representative shall be invited to a pre-construction conference to review Federal Labor Standards compliance procedures with the Sub-recipient and construction contractors. (4) No costs shall be incurred prior to receipt of written certification of approval by County of the fulfillment of the requirements of Section XXI (Insurance) of this Agreement.
4 B. Budget
This Agreement is for a CDBG funding reimbursement amount not to exceed $75,000.00 (Seventy-Five Thousand Dollars). As described further in Section III below, the Sub-recipient shall provide the funds for the Project and shall submit written proof of payment to City, whereupon after approval by City, the City shall seek reimbursement of eligible costs from the County pursuant to Contract No. 012-24011200.
C. Work Schedule
Reimbursable activities per this Agreement may begin on the effective date of this Agreement, and shall end on June 30, 2025. Progress reports and quarterly reports shall be provided by the Sub-recipient in accordance with Section VII(B) of this Agreement.
The progress reports and quarterly reports shall indicate the progress of the components of the rehabilitation Project.
II. PERFORMANCE MEASURES
A. Performance Objectives
Sub-recipient hereby certifies that the Project carried out with funds provided under this Agreement will meet one or more of the CDBG program’s National Objectives: 1) benefit low/moderate income persons; 2) aid in the prevention or elimination of slums or blight; or 3) meet community development needs having a particular urgency as defined in Title 24 of the Code of Federal Regulations (“24 CFR”) Part 570.208. Sub-recipient agrees that the Project shall be implemented and appropriately maintained for community development purposes as defined by applicable HUD provisions to ensure maximum feasible benefit and utilization of the project by low- and moderate-income persons.
B. Goals and Performance Measures
In addition to the reasonable administrative services required as part of this Agreement, Sub-recipient agrees to accomplish the rehabilitation work on the Project as delineated in Exhibit B, which is attached hereto and incorporated herein by reference.
C. Performance Monitoring
The City will monitor the performance of the Sub-recipient against the goals and performance standards required by this Agreement, applicable Federal, State, and local laws, guidelines, policies, and regulations, and in accordance with Contract No. 012- 24011200. The Sub-recipient shall cooperate by providing completed progress reports and Quarterly Performance Reports as delineated in Section VII(B). Substandard performance as determined by the City, in its sole discretion, shall constitute noncompliance with this Agreement. If action to correct such substandard performance is not promptly taken by Sub-recipient within a reasonable time after being notified by the City, Agreement suspension or termination procedures may be initiated.
5 D. Time of Performance
Eligible project activities as set forth in Exhibit B shall begin on the effective date of this Agreement, and shall be completed by June 30, 2025. A final invoice for eligible project costs shall be submitted within 15 days after the Agreement expiration date. The term of this Agreement and the provisions herein may be extended by the City at the City’s sole discretion for up to six months from the Agreement expiration date, upon written notification to the Sub-recipient. In the event of such extension, the deadline for submittal of a final invoice shall be 15 days after the new completion date. Every effort shall be made by Sub-recipient to expend the allocated funds in their entirety by June 30, 2025. If Subrecipient does not expend all funds by June 30, 2025, either due to costs not incurred or costs not approved by the City, the City may allocate the funds not yet drawn to another eligible CDBG project(s) within the City of Laguna Hills.
III. DISBURSEMENT OF FUNDS
A. Reimbursements
Subject to availability of funds from HUD to County, County approval of Subrecipient’s Insurance, County approval of Sub-recipients Federal Labor Standards submittals, and Sub-recipient’s timely completion and submission of complete Requests for Reimbursements to City, payment shall be made by City and shall be in the form of reimbursement for eligible costs as outlined in Exhibit B for the period beginning on the effective date of this Agreement, and ending June 30, 2025. It is expressly agreed and understood by the parties that the total amount of CDBG funding eligible for reimbursement under this Agreement shall not exceed the amount stated in Section I(B) of this Agreement.
B. Reimbursement Schedule
Reimbursement for eligible costs shall be made on a quarterly basis in accordance with Exhibit A and as delineated in Exhibit B, both attached hereto and incorporated herein by this reference. The City shall not provide any payments/reimbursements in advance of actual expenditures by Sub-recipient. Funding is contingent upon the City receiving CDBG funds from the County and HUD.
C. Reimbursement Requests
On a quarterly basis and within fifteen (15) days of the end of a quarter, the Sub-recipient may invoice City for reimbursement of eligible costs as outlined in Exhibit B.
Concurrently with its request for the aforementioned funds, Sub-recipient shall submit to the City the following supporting documentation: copies of paid invoices, receipts, certified payroll records, bank statements, canceled checks, attendance records, and other items adequate to document project expenditures. In addition, Sub-recipient shall also provide a Quarterly Performance Report which addresses its level of performance for each activity
6 undertaken relative to the scope of services set forth in Section I. Prior to reimbursing, the City will verify that Sub-recipient has met all applicable regulations for the Project. The City will not authorize reimbursement if any preceding quarter's reports or invoices are incomplete, or have not been submitted.
D. Reimbursement Records
Records shall be kept by Sub-recipient in accordance with all records maintenance requirements set forth in Contract No.012-24011200, which is attached as Exhibit A and is incorporated herein by reference.
IV. NOTICES
A. Communication
Communication and details concerning this Agreement shall be directed to the following representatives:
City
City of Laguna Hills
Joe Ames, Public Works Director/City Engineer
24035 El Toro Road
Laguna Hills, California 92653
Sub-recipient
Age Well Senior Services, Inc.
24300 El Toro Road, Building A
Laguna Woods, CA 92637
Attn: Steve Moyer, Chief Executive Officer
B. Certified Mail
Any notice required under this Agreement shall be sent by certified mail, postage prepaid, and shall be deemed complete on the third business day following deposit in the United States Postal Service.
V. PROGRAM REQUIREMENTS
A. Compliance
Sub-recipient shall adhere to the terms of the City’s CDBG application, Contract 012-22-0004, and this Agreement, including any subsequent assurances and agreements made by the City to the County and HUD, pertaining to this Agreement. In
7 addition, Sub-recipient shall comply with all applicable County requirements, in particular Section 31 of Contract No. 012-24011200.
Sub-recipient shall comply with applicable Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards as described in 2 CFR Part 200, et al, and 24 CFR 85, Administrative Requirements for Grants and Cooperative Agreements to State, Local, and Federally Recognized Indian Tribal Governments attached as Exhibit C and incorporated herein by reference.
The Sub-recipient shall carry out all activities in compliance with all Federal laws and regulations as described in Subpart K, such as labor standards (Davis Bacon Act) and fair housing requirements of the CDBG Program Regulations.
The provisions of Subpart K of Title 24 of the Code of Federal Regulations relating to CDBG Program Regulations are attached as Exhibit D and are incorporated as a condition of this Agreement by this reference. The Sub-recipient shall comply with all applicable Federal laws related to the use of CDBG funds by the Sub-recipient and the approved Project outlined herein.
VI. EXPENSES FOR LABOR, MATERIALS AND SUPPLIES
The Sub-recipient shall furnish all labor, materials and services and bear all expenses to carry out the Project activities as outlined in this Agreement. Under this Agreement, the City’s only financial obligation to the Sub-recipient is to provide the approved CDBG funds for the maximum amount specified in Section I(B) of this Agreement, as allocated by the County of Orange and the City of Laguna Hills for CDBG Program Year 2024/2025.
VII. RECORDS AND REPORTS
A. Documentation
The Sub-recipient shall maintain all records required by the Federal regulations specified in 24 CFR 570.503 (b)(2), 570.506, 570.507 and 570.508 that are
8 pertinent to the activities to be funded under this Agreement. Such records and reports shall include, but not be limited, to:
(1) Documentation providing a full description of each activity undertaken; (2) Documentation demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program;
(3) Documentation required to determine the eligibility of activities; (4) Documentation required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance;
(5) Documentation of compliance with the fair housing and equal opportunity components of the CDBG program;
(6) Financial records as required by 24 CFR 570.502 and OMB Circular A-87 as detailed in Exhibit E, which is attached hereto and incorporated herein by reference;
(7) Other records necessary to document compliance with Subpart K of 24 CFR 570; and
(8) Any such other related records as the City shall require.
B. Progress Reports and Quarterly Reports
The Sub-recipient shall submit “Quarterly Reports” on a City-provided Grantee Performance Report (GPR Form) during the program year beginning July 1, 2024, and ending June 30, 2025. Quarterly Reports shall be filed with the City on or before: October 8, 2024 (for activities occurring July 1 – September 30), January 8, 2025 (for activities occurring October 1 – December 31), April 8, 2025 (for activities occurring January 1 – March 31), and July 8, 2025 (for activities occurring October 1 – December 31).
In addition, the Report must include sufficient information to assist the City in monitoring the Sub-recipient’s performance. The Sub-recipient must demonstrate satisfactory performance prior to reimbursement for expenditures. If it is determined by the City that Sub-recipient’s performance or progress on performance is unsatisfactory, the City may withhold further funding on the Project pending resolution of the unsatisfactory condition(s), or may terminate this Agreement. In addition, the City may require the Subrecipient to reimburse the City any funds that it determines to be improperly expended based on applicable CDBG Program Regulations.
C. Accounting Records
The Sub-recipient shall maintain separate accounting records for the Federal CDBG funds provided by the City. The City, County, Federal Grantor Agency, Controller General of the United States, or any of their duly authorized representatives shall have access to all books, documents, papers and records maintained by the Sub-recipient which directly pertain to the above Project for the purpose of audit, examination, excerpts and transcriptions. Unless otherwise notified by the City, the Sub-recipient shall retain all
9 financial records, supporting documents and statistical reports related to the Project identified under this Agreement until June 30, 2030. All records subject to an audit finding must be retained for five (5) years from the date the finding is made or until the finding has been cleared by appropriate officials and the Sub-recipient has been given official written notice.
VIII. AUDIT REQUIREMENT
A. Audit Report
Sub-recipient’s records on the Project shall be maintained and available to the City for conducting an audit. If the Sub-recipient receives $25,000 or more in total Federal financial assistance, Sub-recipient shall perform, if requested to do so by the City or County, an annual audit to be performed in accordance with OMB Circular A-133; Audits of States, Local Governments and Non-Profit Organizations, and a copy of the audit shall be forwarded to the City within 180 days after the end of the City’s fiscal year (June 30, 2025).
B. Single Audit Report
If the Sub-recipient receives more than $500,000 in total federal funds in one fiscal year from the City and/or any other city or agency, the Sub-recipient is required to submit a Single Audit Report. As required by the federal Single Audit Act, the Subrecipient shall be required to submit to the City, a comprehensive financial audit prepared by an independent, neutral third-party auditor. The audit shall cover financial operation of the Sub-recipient for the period beginning July 1, 2024 and ending June 30, 2025, and is due no later than six months after expiration of this Agreement.
C. Corrective Actions
The City shall have the right to ensure that necessary corrective actions are made by the Sub-recipient for any audit findings pertinent to Sub-recipient handling of funding attributable to the CDBG Program per Federal requirements, including requiring Subrecipient to return funds paid by City.
IX. MODIFICATIONS/TRANSFERS
The Sub-recipient shall transfer to City any CDBG funds on hand at the time of the Agreement expiration and any accounts receivable attributable to the use of CDBG funds.
X. AMENDMENTS
The City and Sub-recipient may amend this Agreement at any time provided that any such amendment makes specific reference to this Agreement, is executed in writing, is approved by the County and signed by a duly authorized representative of each
10 organization. Such amendment shall not invalidate this Agreement, nor relieve or release the City or Sub-recipient from their respective obligations under this Agreement. Any proposed amendment to this Agreement shall be submitted to, and approved by the City prior to commencement of any activity covered by said amendment.
The City may, at its sole discretion, amend this Agreement at any time to conform with Federal, State, County, or local government guidelines, policies, and available funding amounts. If any amendment results in a change of funding amount under this Agreement, the Scope of Work, threshold or milestone dates, or schedule of activities to be undertaken as part of this Agreement, such changes will be incorporated by written amendment between the City and Sub-recipient.
XI. SECTION 3 COVERED ASSISTANCE
A. Policies and Procedures
Where the Sub-recipient receives CDBG funds for work arising in connection with housing rehabilitation, housing construction, or other public improvements, the requirements of Section 3 of the Housing and Urban Development Act of 1968 shall apply as follows:
(1) The work to be performed under this Agreement is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUDassisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing.
(2) The parties to this Agreement agree to comply with HUD’s regulations in 24 CFR Part 135, which implement Section 3. As evidenced by their execution of this Agreement, the parties certify that they are under no contractual or other impediment that would prevent them from complying with the Part 135 regulations. (3) The Sub-recipient agrees to send to each labor organization or representative of workers with which the Sub-recipient has a collective bargaining agreement or other understanding, if any, a notice of advising the labor organization or workers’ representative of the Sub-recipient’s commitments under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications
11 for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. (4) The Sub-recipient agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The Sub-recipient will not subcontract with any subcontractor where the Sub-recipient has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 135.
(5) The Sub-recipient will certify that any vacant employment positions, including training positions, that are filled (1) after the Sub-recipient is selected but before the Agreement is executed, and (2) with persons other than those to whom the regulations of 24 CFR Part 135 require employment opportunities to be directed, were not filled to circumvent the Sub-recipient’s obligations under 24 CFR Part 135. (6) Noncompliance with HUD’s regulations in 24 CFR Part 135 may result in sanctions, termination of this Agreement for default, and debarment or suspension from future HUD assisted contracts.
(7) With respect to work performed in connection with Section 3 covered Indian housing assistance, section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this Agreement. Section 7(b) requires that to the greatest extend feasible (1) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indianowned Economic Enterprises. (8) Parties to this contract that are subject to the provisions of section 3 and section 7(b) agree to comply with section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b).”
B. Inclusion of Section 3 Clause
Sub-recipient shall abide by this Section 3 Clause and shall also require this Section 3 clause be inserted into any and all subcontracts executed with subcontractors for work covered by this Agreement.
XII. RELIGIOUS ACTIVITES
The Sub-recipient agrees that funds provided under this Agreement will not be utilized for inherently religious activities or to promote religious interests. Religious
12 entities may use CDBG funds for secular activities only in accordance with the Federal regulations specified in 24 CFR 570.200(j).
XIII. NONDISCRIMINATION CLAUSE
The Sub-recipient shall comply with all State and Federal laws regarding nondiscrimination and the equal opportunity employment of personnel.
XIV. SUSPENSION AND TERMINATION OF AGREEMENT
In accordance with the pertinent provisions of the Code of Federal Regulations, this Agreement may be suspended or terminated if the Sub-recipient fails to comply with any term(s) of the award and/or for the City’s convenience.
XV. REVERSION OF ASSETS UPON EXPIRATION OF AGREEMENT
Upon expiration of this Agreement, the Sub-recipient shall be required to use any real property under the Sub-recipient’s control that was acquired or improved in whole or in part with CDBG funds in excess of $25,000 as follows:
(1) To meet one of the National Objectives in 24 CFR 570.208 until no earlier than five (5) years after expiration of this Agreement; or (2) To be disposed of in a manner resulting in the City being reimbursed in the amount of the current fair market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for acquisition or improvement of the property. Reimbursement is not required after the period of time specified in Section XV(1).
XVI. HOLD HARMLESS AND INDEMNITY AGREEMENT
The City, its elected and appointed officers, employees, contractors (other than Sub-recipient) and agents shall not be liable for any claims, liabilities, penalties, fines, or any damage to goods, properties, or effects of any person whatsoever, nor for personal injuries or death caused by, or claimed to have been caused by, or resulting from, any intentional or negligent acts, errors or omissions of Sub-recipient or Subrecipient’s agents, employees, subcontractors, or representatives in completion of Project outlined in the Agreement.
To the fullest extent permitted by law, the Sub-recipient agrees to defend, indemnify, and hold harmless the City and its elected and appointed officers, employees, contractors and agents against any of the foregoing liabilities or claims of any kind and any cost/and expense that is incurred by the City including attorney fees and litigation expenses on account of any of the foregoing liabilities, including liabilities or claims by
13 reason of alleged, errors, omissions, or defects in any plans and specifications for the Project.
XVII. ASSIGNMENT OF AGREEMENT
The Sub-recipient shall not assign this Agreement or any monies due hereunder without the prior written consent of the City.
XVIII. SUCCESSORS OR ASSIGNS
Subject to the provisions of Section XVII (Assignment of Agreement), all terms, conditions, and provisions hereof shall inure to and shall bind each of the parties hereto, and each of their respective heirs, executors, administrators, successors, and assigns as permitted by this Agreement.
XIX. INDEPENDENT SUB-RECIPIENT
Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. Sub-recipient and its subcontractors shall at all times remain independent with respect to the services to be performed under this Agreement. The City shall be exempt from payment of any Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers’ Compensation Insurance. Sub-recipient and/or its subcontractors is/are independent contractors.
XX. ANTI-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:
(1) No federal appropriated funds will be paid, by or on behalf of it, 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 federal grant, the making of any Federal loan, the entering into of any Cooperative Agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or Cooperative Agreement; and
(2) Subrecipient shall include subject anti-lobbying certification in award documents for all sub-Subrecipients at all tiers (including sub-subcontracts, sub-subgrants,
14 and contract under grants, loans, and Cooperative Agreements) and that all subSubrecipients shall certify and disclose accordingly.
XXI. INSURANCE
At all times during the term of this Agreement, the Sub-recipient shall maintain insurance coverage in compliance with the Insurance Requirements attached as Exhibit F and incorporated into this Agreement by this reference. The insurance requirements of this section shall be in addition to, and shall not modify Section XVI (Hold Harmless and Indemnity Agreement).
16 Exhibit A
Contract No. 012-24011200, “Contract for Public Facilities and Improvements City of Laguna Hills PF&I ADA Ramps, and Senior Center Improvements”
County of Orange Page 1 of 49 City of Laguna Hills
OC Community Resources Contract # 012-24011200
CONTRACT # 012-24011200
FOR
PUBLIC FACILITIES AND IMPROVEMENTS
CITY OF LAGUNA HILLS PF&I ADA RAMPS, AND SENIOR CENTER IMPROVEMENTS
BETWEEN
COUNTY OF ORANGE
AND
CITY OF LAGUNA HILLS
CFDA# FAIN# PROGRAM/SERVICE TITLE FUNDING AGENCY
14.218 Pending Community Development Block
Grant (CDBG)/Housing
Rehabilitation, Public Facilities
& Improvements, and Public
Services
U.S. Housing & Urban
Development (HUD)
DocuSign Envelope ID: B689B135-A9C2-4E76-A0A4-0FF8B11E3C79
County of Orange Page 2 of 49 City of Laguna Hills
OC Community Resources Contract # 012-24011200
Table of Contents
RECITALS .............................................................................................................................................. 6 General Terms and Conditions:....................................................................................................... 8 A. Governing Law and Venue:........................................................................................ 8 B. Entire Contract:........................................................................................................... 8 C. Amendments:.............................................................................................................. 8 D. Intentionally left blank................................................................................................ 8 E. Delivery:....................................................................................................................... 8 F. Acceptance Payment:................................................................................................. 8 G. Intentionally left blank:............................................................................................... 8 H. Patent/Copyright Materials/Proprietary Infringement:............................................. 9 I. Assignment:................................................................................................................ 9 J. Non-Discrimination:.................................................................................................... 9 K. Termination:................................................................................................................ 9 L. Consent to Breach Not Waiver:................................................................................. 9 M. Independent Subrecipient:......................................................................................... 9 N. Performance Warranty: ............................................................................................ 10 O. Insurance Requirements:......................................................................................... 10 P. Changes: ................................................................................................................... 14 Q. Change of Ownership/Name, Litigation Status, Conflicts with County Interest: 14 R. Force Majeure: .......................................................................................................... 14 S. Confidentiality:.......................................................................................................... 14 T. Compliance with Laws: ............................................................................................ 15 U. Intentionally left blank.............................................................................................. 15 V. Severability: .............................................................................................................. 15 W. Attorney Fees:........................................................................................................... 15 X. Interpretation: ........................................................................................................... 15 Y. Employee Eligibility Verification: ............................................................................ 15 Z. Indemnification:........................................................................................................ 16 AA. Audits/Inspections:................................................................................................... 16 BB. Contingency of Funds:............................................................................................. 16 CC. Expenditure Limit: .................................................................................................... 17 Additional Terms and Conditions:................................................................................................ 18
1. Scope of Contract:.................................................................................................... 18 DocuSign Envelope ID: B689B135-A9C2-4E76-A0A4-0FF8B11E3C79
County of Orange Page 3 of 49 City of Laguna Hills
OC Community Resources Contract # 012-24011200
2. Term of Contract:...................................................................................................... 18
3. Renewal:.................................................................................................................... 18
4. Maximum Obligation: ............................................................................................... 18
5. Amendments - Changes/Extra Work: ..................................................................... 18
6. Breach of Contract: .................................................................................................. 18
7. Conditions Affecting Work: ..................................................................................... 19
8. Civil Rights:............................................................................................................... 19
9. Conflict of Interest – Subrecipient’s Personnel:.................................................... 19
10. Conflict of Interest – County Personnel: ................................................................ 19
11. Consulting Contract – Follow-On Work:................................................................. 19
12. Project Manager, County: ........................................................................................ 20
13. Subrecipient’s Project Manager and Key Personnel:............................................ 20
14. Subrecipient Personnel – Reference Checks:........................................................ 20
15. Data – Title To:.......................................................................................................... 20
16. Licenses: ................................................................................................................... 21
17. Disputes – Contract:................................................................................................. 21
18. EDD Independent Subrecipient Reporting Requirements: ................................... 21
19. Emergency/Declared Disaster Requirements: ....................................................... 22
20. Errors and Omissions: ............................................................................................. 22
21. Non-Supplantation of Funds: .................................................................................. 23
22. Satisfactory Work:.................................................................................................... 23
23. Access and Records: ............................................................................................... 23
24. Signature in Counterparts: ...................................................................................... 24
25. Reports/Meetings: .................................................................................................... 24
26. Subcontracting: ........................................................................................................ 24
27. Equal Employment Opportunity:............................................................................. 24
28. Gratuities:.................................................................................................................. 25
29. News/Information Release:...................................................................................... 25
30. Notices:...................................................................................................................... 25
31. Ownership of Documents ........................................................................................ 26
32. Precedence: .............................................................................................................. 26
33. Termination – Orderly: ............................................................................................. 26
34. County Branding Requirements – Publicity, Literature, Advertisement and Social Media: ........................................................................................................................ 26 Program Specific Terms and Conditions:................................................................................... 28 DocuSign Envelope ID: B689B135-A9C2-4E76-A0A4-0FF8B11E3C79
County of Orange Page 4 of 49 City of Laguna Hills
OC Community Resources Contract # 012-24011200
35. Debarment:................................................................................................................ 28
36. Lobbying: .................................................................................................................. 28
37. Fraud:......................................................................................................................... 28
38. Fiscal Accountability:............................................................................................... 28
39. Performance Standards:. ......................................................................................... 29
40. Budget Schedule: .................................................................................................... 29
41. Payment Requirements:........................................................................................... 29
42. Modification of Budget: .......................................................................................... 31
43. Annual Audit: . ......................................................................................................... 32
44. UEI and D-U-N-S Numbers and Related Information: .......................................... 32
45. Program Income: ...................................................................................................... 33
46. Performance:............................................................................................................. 33
47. Performance Monitoring: ......................................................................................... 35
48. Federal Administrative and Related Requirements:.............................................. 35
49. Definitions: ................................................................................................................. 47 Signature Page ................................................................................................................................... 49 DocuSign Envelope ID: B689B135-A9C2-4E76-A0A4-0FF8B11E3C79
County of Orange Page 5 of 49 City of Laguna Hills
OC Community Resources Contract # 012-24011200
ATTACHMENTS
Attachment A - Scope of Services
Attachment B - Payment/Compensation
Attachment C - Budget Schedule
Attachment D - Staffing Plan
Attachment E - Performance Standards
EXHIBITS
Exhibit 1– OC Community Resources Contract Reimbursement Policy Exhibit 2 – Drug Free Workplace Certification
Exhibit 3 – Debarment and Suspension Certificate
Exhibit 4 – Disclosure Form to Report Lobbying
Exhibit 5 - Lobbying Certification
DocuSign Envelope ID: B689B135-A9C2-4E76-A0A4-0FF8B11E3C79
County of Orange Page 6 of 49 City of Laguna Hills
OC Community Resources Contract # 012-24011200
Contract #012-24011200
with
City of Laguna Hills
for
Public Facilities & Improvements
This Contract # 012-24011200 for Public Facilities & Improvements (hereinafter referred to as “Contract”) is made and entered into as of the date fully executed by and between the County of Orange, a political subdivision of the State of California; hereinafter referred to as “County” and City of Laguna Hills, DUNS #798794947 and Unique Entity ID # VLC8GAPU9KF4 , a California Municipality, with a place of business at 24035 El Toro Road, Laguna Hills, CA 92653 (hereinafter referred to as “Subrecipient”), with County and Subrecipient sometimes referred to as “party” or collectively as “parties”.
ATTACHMENTS
This Contract is comprised of this document and the following Attachments, which are attached hereto and incorporated by reference into this Contract:
Attachment A – Scope of Services
Attachment B – Payment/Compensation
Attachment C – Budget Schedule
Attachment D – Staffing Plan
Attachment E - Performance Standards
RECITALS
WHEREAS, Subrecipient and County are entering into this Contract for Public Facilities & Improvements under a cost reimbursement Contract; and WHEREAS, County solicited Contract for Public Facilities & Improvements as set forth herein, and Subrecipient represented that it is qualified to provide Public Facilities & Improvements to the County as further set forth here; and WHEREAS, Subrecipient agrees to provide Public Facilities & Improvements to the County as further set forth in the Scope of Service, attached hereto as Attachment A; and WHEREAS, County agrees to pay Subrecipient based on the schedule of fees set forth in Payment/Compensation, attached hereto as Attachment B; and WHEREAS, Subrecipient agrees to manage allotted funding set forth in the Budget Schedule, attached hereto as Attachment C; and
WHEREAS, Subrecipient agrees to provide staff set forth in Staffing Plan, attached hereto as Attachment D; and
DocuSign Envelope ID: B689B135-A9C2-4E76-A0A4-0FF8B11E3C79
County of Orange Page 7 of 49 City of Laguna Hills
OC Community Resources Contract # 012-24011200
WHEREAS, Subrecipient agrees to meet the Performance Standards requirements set forth in attached hereto as Attachment E; and
WHEREAS, the County Board of Supervisors has authorized the OC Community Resources Director or his designee to enter into a Contract for Public Facilities & Improvements with the Subrecipient to carry out certain program services and activities for the Fiscal Year 2024-25
NOW, THEREFORE, the Parties mutually agree as follows:
DocuSign Envelope ID: B689B135-A9C2-4E76-A0A4-0FF8B11E3C79
County of Orange Page 8 of 49 City of Laguna Hills
OC Community Resources Contract # 012-24011200
ARTICLES
General Terms and Conditions:
A. Governing Law and Venue: This Contract has been negotiated and executed in the State of California and shall be governed by and construed under the laws of the State of California. In the event of any legal action to enforce or interpret this Contract, the sole and exclusive venue shall be a court of competent jurisdiction located in Orange County, California, and the parties hereto agree to and do hereby submit to the jurisdiction of such court, notwithstanding Code of Civil Procedure Section 394.
Furthermore, the parties specifically agree to waive any and all rights to request that an action be transferred for adjudication to another county.
B. Entire Contract: This Contract contains the entire Contract between the parties with respect to the matters herein, and there are no restrictions, promises, warranties or undertakings other than those set forth herein or referred to herein. No exceptions, alternatives, substitutes or revisions are valid or binding on County unless authorized by County in writing. Electronic acceptance of any additional terms, conditions or supplemental Contracts by any County employee or agent, including but not limited to installers of software, shall not be valid or binding on County unless accepted in writing by County’s Contract Administrator.
C. Amendments: No alteration or variation of the terms of this Contract shall be valid unless made in writing and signed by the parties; no oral understanding or agreement not incorporated herein shall be binding on either of the parties; and no exceptions, alternatives, substitutes or revisions are valid or binding on County unless authorized by County in writing.
D. Intentionally left blank
E. Delivery: Time of delivery of goods or services is of the essence in this Contract.
County reserves the right to refuse any goods or services and to cancel all or any part of the goods not conforming to applicable specifications, drawings, samples or descriptions or services that do not conform to the prescribed Scope of Services.
Acceptance of any part of the order for goods shall not bind County to accept future shipments nor deprive it of the right to return goods already accepted at Subrecipient’s expense. Over shipments and under shipments of goods shall be only as agreed to in writing by County. Delivery shall not be deemed to be complete until all goods or services have actually been received and accepted in writing by County.
F. Acceptance Payment: Unless otherwise agreed to in writing by County, 1) acceptance shall not be deemed complete unless in writing and until all the goods/services have actually been received, inspected, and tested to the satisfaction of County, and 2) payment shall be made in arrears after satisfactory acceptance.
G. Intentionally left blank:
DocuSign Envelope ID: B689B135-A9C2-4E76-A0A4-0FF8B11E3C79
County of Orange Page 9 of 49 City of Laguna Hills
OC Community Resources Contract # 012-24011200
H. Patent/Copyright Materials/Proprietary Infringement: Unless otherwise expressly provided in this Contract, Subrecipient shall be solely responsible for clearing the right to use any patented or copyrighted materials in the performance of this Contract.
Subrecipient warrants that any software as modified through services provided hereunder will not infringe upon or violate any patent, proprietary right, or trade secret right of any third party. Subrecipient agrees that, in accordance with the more specific requirement contained in paragraph “Z” below, it shall indemnify, defend and hold County and County Indemnitees harmless from any and all such claims and be responsible for payment of all costs, damages, penalties and expenses related to or arising from such claim(s), including, costs and expenses but not including attorney’s fees.
I. Assignment: The terms, covenants, and conditions contained herein shall apply to and bind the heirs, successors, executors, administrators and assigns of the parties.
Furthermore, neither the performance of this Contract nor any portion thereof may be assigned by Subrecipient without the express written consent of County. Any attempt by Subrecipient to assign the performance or any portion thereof of this Contract without the express written consent of County shall be invalid and shall constitute a breach of this Contract.
J. Non-Discrimination: In the performance of this Contract, Subrecipient agrees that it will comply with the requirements of Section 1735 of the California Labor Code and not engage nor permit any subcontractors to engage in discrimination in employment of persons because of the race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, or sex of such persons.
Subrecipient acknowledges that a violation of this provision shall subject Subrecipient to penalties pursuant to Section 1741 of the California Labor Code.
K. Termination: In addition to any other remedies or rights it may have by law, County has the right to immediately terminate this Contract without penalty for cause or after 30 days’ written notice without cause, unless otherwise specified. Cause shall be defined as any material breach of contract, any misrepresentation or fraud on the part of the Subrecipient. Exercise by County of its right to terminate the Contract shall relieve County of all further obligation.
L. Consent to Breach Not Waiver: No term or provision of this Contract shall be deemed waived and no breach excused, unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented. Any consent by any party to, or waiver of, a breach by the other, whether express or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
M. Independent Subrecipient: Subrecipient shall be considered an independent contractor and neither Subrecipient, its employees, nor anyone working under Subrecipient shall be considered an agent or an employee of County. Neither Subrecipient, its employees nor anyone working under Subrecipient shall qualify for workers’ compensation or other fringe benefits of any kind through County.
DocuSign Envelope ID: B689B135-A9C2-4E76-A0A4-0FF8B11E3C79
County of Orange Page 10 of 49 City of Laguna Hills
OC Community Resources Contract # 012-24011200
N. Performance Warranty: Subrecipient shall warrant all work under this Contract, taking necessary steps and precautions to perform the work to County’s satisfaction.
Subrecipient shall be responsible for the professional quality, technical assurance, timely completion and coordination of all documentation and other goods/services furnished by the Subrecipient under this Contract. Subrecipient shall perform all work diligently, carefully, and in a good and workmanlike manner; shall furnish all necessary labor, supervision, machinery, equipment, materials, and supplies, shall at its sole expense obtain and maintain all permits and licenses required by public authorities, including those of County required in its governmental capacity, in connection with performance of the work. If permitted to subcontract, Subrecipient shall be fully responsible for all work performed by subcontractors.
O. Insurance Requirements:
Prior to the provision of services under this Contract, the Subrecipient agrees to carry all required insurance at Subrecipient’s expense, including all endorsements required herein, necessary to satisfy the County that the insurance provisions of this Contract have been complied with. Subrecipient agrees to keep such insurance coverage current, provide Certificates of Insurance, and endorsements to the County during the entire term of this Contract.
Subrecipient shall ensure that all subcontractors performing work on behalf of Subrecipient pursuant to this Contract shall be covered under Subrecipient’s insurance as an Additional Insured or maintain insurance subject to the same terms and conditions as set forth herein for Subrecipient. Subrecipient shall not allow subcontractors to work if subcontractors have less than the level of coverage required by County from Subrecipient under this Contract. It is the obligation of Subrecipient to provide notice of the insurance requirements to every subcontractor and to receive proof of insurance prior to allowing any subcontractor to begin work. Such proof of insurance must be maintained by Subrecipient through the entirety of this Contract for inspection by County representative(s) at any reasonable time.
All self-insured retentions (SIR)’s shall be clearly stated on the Certificate of Insurance.
Any SIR in excess of Fifty Thousand Dollars $50,000 shall specifically be approved by the County’s Risk Manager, or designee. The County reserves the right to require current audited financial reports from Subrecipient. If Subrecipient is self-insured, Subrecipient will indemnify the County for any and all claims resulting or arising from Subrecipient’s services in accordance with the indemnity provision stated in this contract.
If the Subrecipient fails to maintain insurance acceptable to the County for the full term of this Contract, the County may terminate this Contract.
Qualified Insurer
The policy or policies of insurance must be issued by an insurer with a minimum rating of A- (Secure A.M. Best's Rating) and VIII (Financial Size Category as determined by DocuSign Envelope ID: B689B135-A9C2-4E76-A0A4-0FF8B11E3C79
County of Orange Page 11 of 49 City of Laguna Hills
OC Community Resources Contract # 012-24011200
the most current edition of the Best's Key Rating Guide/Property-Casualty/United States or ambest.com).
If the insurance carrier does not have an A.M. Best Rating of A-/VIII, CEO/ Risk Management retains the right to approve or reject a carrier after a review of the company's performance and financial ratings.
The policy or policies of insurance maintained by the Subrecipient shall provide the minimum limits and coverage as set forth below:
Coverage Minimum Limits
Commercial General Liability $1,000,000 per occurrence
$2,000,000 aggregate
Automobile Liability including coverage $1,000,000 per occurrence for owned, non-owned and hired vehicles
Workers Compensation Statutory
Employers Liability Insurance $1,000,000 per accident or disease
Network Security & Privacy $1,000,000 per claims-made
Liability
Professional Liability $1,000,000 per claims-made or
occurrence
$1,000,000 aggregate
Sexual Misconduct $1,000,000 per occurrence
Employee Dishonesty $100,000 per occurrence
Increased insurance limits may be satisfied with Excess/Umbrella policies.
Excess/Umbrella policies when required must provide Follow Form coverage.
Required Coverage Forms
The Commercial General Liability coverage shall be written on occurrence basis utilizing Insurance Services Office (ISO) form CG 00 01, or a substitute form providing liability coverage at least as broad.
DocuSign Envelope ID: B689B135-A9C2-4E76-A0A4-0FF8B11E3C79
County of Orange Page 12 of 49 City of Laguna Hills
OC Community Resources Contract # 012-24011200
The Business Auto Liability coverage shall be written on ISO form CA 00 01, CA 00 05, CA 0012, CA 00 20, or a substitute form providing coverage at least as broad.
Required Endorsements
The Commercial General Liability policy shall contain the following endorsements, which shall accompany the Certificate of Insurance:
1) An Additional Insured endorsement using ISO form CG 20 26 04 13, or a form at least as broad naming the County of Orange its elected and appointed officials, officers, employees, and agents as Additional Insureds, or provide blanket coverage, which will state As Required by Written Contract.
2) A primary non-contributory endorsement using ISO form CG 20 01 04 13, or a form at least as broad evidencing that the Subrecipient’s insurance is primary, and any insurance or self-insurance maintained by the County shall be excess and noncontributing.
The Workers’ Compensation policy shall contain a waiver of subrogation endorsement waiving all rights of subrogation against the County of Orange, its elected and appointed officials, officers, employees, and agents or provide blanket coverage, which will state As Required by Written Contract.
The Network Security and Privacy Liability policy shall contain the following endorsements which shall accompany the Certificate of Insurance:
1) An Additional Insured endorsement naming the County of Orange, its elected and appointed officials, officers, employees, and agents as Additional Insureds for its vicarious liability.
2) A primary and non-contributory endorsement evidencing that the Subrecipient’s insurance is primary, and any insurance or self-insurance maintained by the County shall be excess and non-contributing.
All insurance policies required by this Contract shall waive all rights of subrogation against the County of Orange, its elected and appointed officials, officers, employees, and agents when acting within the scope of their appointment or employment.
The County of Orange shall be the loss payee on the Employee Dishonesty coverage. A Loss Payee endorsement evidencing that the County of Orange is a Loss Payee shall accompany the Certificate of Insurance.
Subrecipient shall provide thirty (30) days prior written notice to the County of any policy cancellation or non-renewal and ten (10) days prior written notice where cancellation is due to non-payment of premium and provide a copy of the cancellation notice to County. Failure to provide written notice of cancellation may constitute a DocuSign Envelope ID: B689B135-A9C2-4E76-A0A4-0FF8B11E3C79
County of Orange Page 13 of 49 City of Laguna Hills
OC Community Resources Contract # 012-24011200
material breach of the Contract, upon which the County may suspend or terminate this Contract.
If Subrecipient’s Professional Liability, and/or Network Security & Privacy Liability are “Claims-Made” policy(ies), Subrecipient shall agree to the following:
1) The retroactive date must be shown and must be before the date of the Contract or the beginning of the Contract services.
2) Insurance must be maintained, and evidence of insurance must be provided for at least three (3) years after expiration or earlier termination of Contract services. 3) If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the effective date of the contract services, Subrecipient must purchase an extended reporting period for a minimum of three (3) years after expiration of earlier termination of the Contract.
The Commercial General Liability policy shall contain a severability of interests clause also known as a “separation of insureds” clause (standard in the ISO CG 0001 policy).
Insurance certificates should be forwarded to the agency/department address listed on the solicitation.
If the Subrecipient fails to provide the insurance certificates and endorsements within seven (7) days of notification by CEO/Purchasing or the agency/department purchasing division, award may be made to the next qualified vendor.
County expressly retains the right to require Subrecipient to increase or decrease insurance of any of the above insurance types throughout the term of this Contract.
Any increase or decrease in insurance will be as deemed by County of Orange Risk Manager as appropriate to adequately protect County.
County shall notify Subrecipient in writing of changes in the insurance requirements.
If Subrecipient does not provide acceptable Certificates of Insurance and endorsements to County incorporating such changes within thirty (30) days of receipt of such notice, this Contract may be in breach without further notice to Subrecipient, and County shall be entitled to all legal remedies.
The procuring of such required policy or policies of insurance shall not be construed to limit Subrecipient's liability hereunder nor to fulfill the indemnification provisions and requirements of this Contract, nor act in any way to reduce the policy coverage and limits available from the insurer.
DocuSign Envelope ID: B689B135-A9C2-4E76-A0A4-0FF8B11E3C79
County of Orange Page 14 of 49 City of Laguna Hills
OC Community Resources Contract # 012-24011200
P. Changes: Subrecipient shall make no changes in the work or perform any additional work without the County’s specific written approval.
Q. Change of Ownership/Name, Litigation Status, Conflicts with County Interest:
Subrecipient agrees that if there is a change or transfer in ownership of Subrecipient’s business prior to completion of this Contract, and the County agrees to an assignment of the Contract, the new owners shall be required under terms of sale or other instruments of transfer to assume Subrecipient’s duties and obligations contained in this Contract and complete them to the satisfaction of the County.
County reserves the right to immediately terminate the Contract in the event the County determines that the assignee is not qualified or is otherwise unacceptable to the County for the provision of services under the Contract.
In addition, Subrecipient has the duty to notify the County in writing of any change in the Subrecipient’s status with respect to name changes that do not require an assignment of the Contract. The Subrecipient is also obligated to notify the County in writing if the Subrecipient becomes a party to any litigation against the County, or a party to litigation that may reasonably affect the Subrecipient’s performance under the Contract, as well as any potential conflicts of interest between Subrecipient and County that may arise prior to or during the period of Contract performance. While Subrecipient will be required to provide this information without prompting from the County any time there is a change in Subrecipient’s name, conflict of interest or litigation status, Subrecipient must also provide an update to the County of its status in these areas whenever requested by the County.
The Subrecipient shall exercise reasonable care and diligence to prevent any actions or conditions that could result in a conflict with County interests. In addition to the Subrecipient, this obligation shall apply to the Subrecipient’s employees, agents, and subcontractors associated with the provision of goods and services provided under this Contract. The Subrecipient’s efforts shall include, but not be limited to establishing rules and procedures preventing its employees, agents, and subcontractors from providing or offering gifts, entertainment, payments, loans or other considerations which could be deemed to influence or appear to influence County staff or elected officers in the performance of their duties.
R. Force Majeure: Subrecipient shall not be assessed with liquidated damages or unsatisfactory performance penalties during any delay beyond the time named for the performance of this Contract caused by any act of God, war, civil disorder, employment strike or other cause beyond its reasonable control, provided Subrecipient gives written notice of the cause of the delay to County within 36 hours of the start of the delay and Subrecipient avails himself of any available remedies.
S. Confidentiality: Subrecipient agrees to maintain the confidentiality of all County and County-related records and information pursuant to all statutory laws relating to privacy and confidentiality that currently exist or exist at any time during the term of this Contract.
All such records and information shall be considered confidential and kept confidential by Subrecipient and Subrecipient’s staff, agents and employees.
DocuSign Envelope ID: B689B135-A9C2-4E76-A0A4-0FF8B11E3C79
County of Orange Page 15 of 49 City of Laguna Hills
OC Community Resources Contract # 012-24011200
T. Compliance with Laws: Subrecipient represents and warrants that services to be provided under this Contract shall fully comply, at Subrecipient’s expense, with all standards, laws, statutes, restrictions, ordinances, requirements, and regulations (collectively “laws”), including, but not limited to those issued by County in its governmental capacity and all other laws applicable to the services at the time services are provided to and accepted by County. Subrecipient acknowledges that County is relying on Subrecipient to ensure such compliance, and pursuant to the requirements of paragraph “Z” below, Subrecipient agrees that it shall defend, indemnify and hold County and County Indemnitees (defined below) harmless from all liability, damages, costs and expenses arising from or related to a violation of such laws.
U. Intentionally left blank
V. Severability: If any term, covenant, condition or provision of this Contract is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby.
W. Attorney Fees: In any action or proceeding to enforce or interpret any provision of this Contract, each party shall bear their own attorney’s fees, costs and expenses.
X. Interpretation: This Contract has been negotiated at arm’s length and between persons sophisticated and knowledgeable in the matters dealt with in this Contract. In addition, each party had been represented by experienced and knowledgeable independent legal counsel of their own choosing or has knowingly declined to seek such counsel despite being encouraged and given the opportunity to do so. Each party further acknowledges that they have not been influenced to any extent whatsoever in executing this Contract by any other party hereto or by any person representing them, or both.
Accordingly, any rule or law (including California Civil Code Section 1654) or legal decision that would require interpretation of any ambiguities in this Contract against the party that has drafted it is not applicable and is waived. The provisions of this Contract shall be interpreted in a reasonable manner to affect the purpose of the parties and this Contract.
Y. Employee Eligibility Verification: The Subrecipient warrants that it fully complies with all Federal and State statutes and regulations regarding the employment of aliens and others and that all its employees performing work under this Contract meet the citizenship or alien status requirement set forth in Federal statutes and regulations. The Subrecipient shall obtain, from all employees performing work hereunder, all verification and other documentation of employment eligibility status required by Federal or State statutes and regulations including, but not limited to, the Immigration Reform and Control Act of 1986, 8 U.S.C. §1324 et seq., as they currently exist and as they may be hereafter amended. The Subrecipient shall retain all such documentation for all covered employees for the period prescribed by the law. The Subrecipient shall indemnify, defend with counsel approved in writing by County, and hold harmless, the County, and its County Indemnitees, its agents, officers, and employees from employer sanctions and any other liability which may be assessed against the Subrecipient or the County or DocuSign Envelope ID: B689B135-A9C2-4E76-A0A4-0FF8B11E3C79
County of Orange Page 16 of 49 City of Laguna Hills
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County Indemnitees, any combination of the three in connection with any alleged violation of any Federal or State statutes or regulations pertaining to the eligibility for employment of any persons performing work under this Contract.
Z. Indemnification: Subrecipient agrees to indemnify, defend with counsel approved in writing by County, and hold County, its elected and appointed officials, officers, employees, agents and those special districts and agencies which County’s Board of Supervisors acts as the governing Board (“County Indemnitees”) harmless from any claims, demands or liability of any kind or nature, including but not limited to personal injury or property damage, arising from or related to the services, products or other performance provided by Subrecipient pursuant to this Contract. If judgment is entered against Subrecipient and County by a court of competent jurisdiction because of the concurrent active negligence of County or County Indemnitees, Subrecipient and County agree that liability will be apportioned as determined by the court. Neither party shall request a jury apportionment.
AA. Audits/Inspections: Subrecipient agrees to permit the County’s Auditor-Controller or the Auditor-Controller’s authorized representative (including auditors from a private auditing firm hired by the County) access during normal working hours to all books, accounts, records, reports, files, financial records, supporting documentation, including payroll and accounts payable/receivable records, and other papers or property of Subrecipient for the purpose of auditing or inspecting any aspect of performance under this Contract. The inspection and/or audit will be confined to those matters connected with the performance of the Contract including, but not limited to, the costs of administering the Contract. The County will provide reasonable notice of such an audit or inspection.
The County reserves the right to audit and verify the Subrecipient’s records before final payment is made.
Subrecipient agrees to maintain such records for possible audit for a minimum of three years after final payment, unless a longer period of records retention is stipulated under this Contract or by law. Subrecipient agrees to allow interviews of any employees or others who might reasonably have information related to such records. Further, Subrecipient agrees to include a similar right to the County to audit records and interview staff of any subcontractor related to performance of this Contract.
Should the Subrecipient cease to exist as a legal entity, the Subrecipient’s records pertaining to this Contract shall be forwarded to the County’s Project Manager.
BB. Contingency of Funds: Subrecipient acknowledges that funding or portions of funding for this Contract may be contingent upon State budget approval; receipt of funds from, and/or obligation of funds by, the State of California to County; receipt of funds from the Department of Housing and Urban Development (“HUD”), and inclusion of sufficient funding for the services hereunder in the budget approved by County’s Board of Supervisors for each fiscal year covered by this Contract. If such approval, funding or appropriations are not forthcoming, or are otherwise limited, County may immediately terminate or modify this Contract without penalty.
DocuSign Envelope ID: B689B135-A9C2-4E76-A0A4-0FF8B11E3C79
County of Orange Page 17 of 49 City of Laguna Hills
OC Community Resources Contract # 012-24011200
CC.Expenditure Limit: The Subrecipient shall notify the County of Orange assigned Contract Administrator in writing when the expenditures against the Contract reach 75 percent of the dollar limit on the Contract. The County will not be responsible for any expenditure overruns and will not pay for work exceeding the dollar limit on the Contract unless a written and approved change order to cover those costs has been issued.
Board of Supervisor approval may be required.
DocuSign Envelope ID: B689B135-A9C2-4E76-A0A4-0FF8B11E3C79
County of Orange Page 18 of 49 City of Laguna Hills
OC Community Resources Contract # 012-24011200
Additional Terms and Conditions:
1. Scope of Contract: This Contract specifies the contractual terms and conditions by which the County will procure Public Facilities & Improvements from Subrecipient as further detailed in the Scope of Services, identified and incorporated herein by this reference as “Attachment A”.
2. Term of Contract: This Contract shall commence on July 1, 2024, and continue through June 30, 2025, unless otherwise terminated by the County.
3. Renewal: This contract may not be renewed.
4. Maximum Obligation: The total Maximum Obligation of County to the Subrecipient for the cost of services provided in accordance with this Contract is $350,000, with individual Maximum Obligation budgets for each Fiscal Year as further detailed in the Budget Schedule, identified and incorporated herein by this reference as Attachment “C”.
5. Amendments - Changes/Extra Work: The Subrecipient shall make no changes to this Contract without the County’s written consent. In the event that there are new or unforeseen requirements, the County has the discretion with the Subrecipient’s concurrence, to make changes at any time without changing the scope or price of the Contract.
If County-initiated changes or changes in laws or government regulations affect price, the Subrecipient’s ability to deliver services, or the project schedule, the Subrecipient will give County written notice no later ten (10) days from the date the law or regulation went into effect or the date the change was proposed and Subrecipient was notified of the change. Such changes shall be agreed to in writing and incorporated into a Contract amendment. Said amendment shall be issued by the County-assigned Contract Administrator, shall require the mutual consent of all Parties, and may be subject to approval by the County Board of Supervisors. Nothing herein shall prohibit the Subrecipient from proceeding with the work as originally set forth or as previously amended in this Contract.
6. Breach of Contract: The failure of the Subrecipient to comply with any of the provisions, covenants or conditions of this Contract shall be a material breach of this Contract. In such event the County may, and in addition to any other remedies available at law, in equity, or otherwise specified in this Contract:
a) Terminate the Contract immediately, pursuant to Section K herein; b) Afford the Subrecipient written notice of the breach and ten (10) calendar days or such shorter time that may be specified in this Contract within which to cure the breach;
c) Discontinue payment to the Subrecipient for and during the period in which the Subrecipient is in breach; and
DocuSign Envelope ID: B689B135-A9C2-4E76-A0A4-0FF8B11E3C79
County of Orange Page 19 of 49 City of Laguna Hills
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Offset against any monies billed by the Subrecipient but yet unpaid by the County those monies disallowed pursuant to the above.
7. Conditions Affecting Work:
The Subrecipient shall be responsible for taking all steps reasonably necessary, to ascertain the nature and location of the work to be performed under this Contract; and to know the general conditions which can affect the work or the cost thereof. Any failure by the Subrecipient to do so will not relieve Subrecipient from responsibility for successfully performing the work without additional cost to the County. The County assumes no responsibility for any understanding or representations concerning the nature, location(s) or general conditions made by any of its officers or agents prior to the execution of this Contract, unless such understanding or representations by the County are expressly stated in the Contract.
8. Civil Rights: Subrecipient attests that services provided shall be in accordance with the provisions of Title VI and Title VII of the Civil Rights Act of 1964, as amended, Section 504 of the Rehabilitation Act of 1973, as amended; the Age Discrimination Act of 1975 as amended; Title II of the Americans with Disabilities Act of 1990, and other applicable State and Federal laws and regulations prohibiting discrimination on the basis of race, color, national origin, ethnic group identification, age, religion, marital status, sex or disability.
9. Conflict of Interest – Subrecipient’s Personnel: The Subrecipient shall exercise reasonable care and diligence to prevent any actions or conditions that could result in a conflict with the best interests of the County. This obligation shall apply to the Subrecipient; the Subrecipient’s employees, agents, and subcontractors associated with accomplishing work and services hereunder. The Subrecipient’s efforts shall include, but not be limited to establishing precautions to prevent its employees, agents, and subcontractors from providing or offering gifts, entertainment, payments, loans or other considerations which could be deemed to influence or appear to influence County staff or elected officers from acting in the best interests of the County.
10.Conflict of Interest – County Personnel: The County of Orange Board of Supervisors policy prohibits its employees from engaging in activities involving a conflict of interest.
The Subrecipient shall not, during the period of this Contract, employ any County employee for any purpose.
11.Consulting Contract – Follow-On Work:
No person, firm, subsidiary or subcontractor of a firm that has been awarded a consulting services contract or a contract which includes a consulting component may be awarded a Contract for the performance of services, the purchase of goods or supplies, or the provision of any other related action which arises from or can reasonably be deemed an end-product of work performed under the initial consulting to consulting-related Contract.
DocuSign Envelope ID: B689B135-A9C2-4E76-A0A4-0FF8B11E3C79
County of Orange Page 20 of 49 City of Laguna Hills
OC Community Resources Contract # 012-24011200
12.Project Manager, County:
The County shall appoint a Project Manager to act as liaison between the County and the Subrecipient during the term of this Contract. The County’s Project Manager shall coordinate the activities of the County staff assigned to work with the Subrecipient.
The County’s Project Manager, in consultation and agreement with the County, shall have the right to require the removal and replacement of the Subrecipient’s Project Manager and key personnel. The County’s Project Manager shall notify the Subrecipient in writing of such action. The Subrecipient shall accomplish the removal within three (3) business days after written notice from the County’s Project Manager.
The County’s Project Manager shall review and approve the appointment of the replacement for the Subrecipient’s Project Manager and key personnel. Said approval shall not be unreasonably withheld. The County is not required to provide any additional information, reason or rationale in the event it requires the removal of Subrecipient’s Project Manager from providing further services under the Contract.
13.Subrecipient’s Project Manager and Key Personnel: Subrecipient shall appoint a Project Manager to direct the Subrecipient’s efforts in fulfilling Subrecipient’s obligations under this Contract. This Project Manager shall be subject to approval by the County and shall not be changed without the written consent of the County’s Project Manager, which consent shall not be unreasonably withheld.
The Subrecipient’s Project Manager, in consultation and agreement with County, shall be assigned to this project for the duration of the Contract and shall diligently pursue all work and services to meet the project time lines. The County’s Project Manager shall have the right to require the removal and replacement of the Subrecipient’s Project Manager from providing services to the County under this Contract. The County’s Project Manager shall notify the Subrecipient in writing of such action. The Subrecipient shall accomplish the removal within five (5) business days after written notice by the County’s Project Manager. The County’s Project Manager shall review and approve the appointment of the replacement for the Subrecipient’s Project Manager. The County is not required to provide any additional information, reason or rationale in the event it The County is not required to provide any additional information, reason or rationale in the event it requires the removal of Subrecipient’s Project Manager from providing further services under the Contract.
14.Subrecipient Personnel – Reference Checks: The Subrecipient warrants that all persons employed to provide service under this Contract have satisfactory past work records indicating their ability to adequately perform the work under this Contract.
Subrecipient’s employees assigned to this project must meet character standards as demonstrated by background investigation and reference checks, coordinated by the agency/department issuing this Contract.
15.Data – Title To: All materials, documents, data or information obtained from the County data files or any County medium furnished to the Subrecipient in the performance of this Contract will at all times remain the property of the County. Such data or information may not be used or copied for direct or indirect use by the Subrecipient after completion or termination of this Contract without the express written consent of the County. All DocuSign Envelope ID: B689B135-A9C2-4E76-A0A4-0FF8B11E3C79
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materials, documents, data or information, including copies, must be returned to the County at the end of this Contract.
16.Licenses: At its own expense, Subrecipient and its subcontractors, if any, shall, at all time during the term of this Contract, maintain in full force and effect such licenses or permits as may be required by the State of California or any other government entity.
Subrecipient and his subcontractors, if any, shall strictly adhere to, and obey, all governmental rules and regulations now in effect or as subsequently enacted or modified, as promulgated by any local, State, or Federal governmental entity.
17.Disputes – Contract:
A. The parties shall deal in good faith and attempt to resolve potential disputes informally. If the dispute concerning a question of fact arising under the terms of this Contract is not disposed of in a reasonable period of time by the Subrecipient’s Project Manager and the County‘s Project Manager, such matter shall be brought to the attention of the Contract Administrator by way of the following process:
1. The Subrecipient shall submit to the agency/department assigned Contract Administrator a written demand for a final decision regarding the disposition of any dispute between the parties arising under, related to, or involving this Contract, unless the County, on its own initiative, has already rendered such a final decision.
2. The Subrecipient’s written demand shall be fully supported by factual information, and, if such demand involves a cost adjustment to the Contract, the Subrecipient shall include with the demand a written statement signed by a senior official indicating that the demand is made in good faith, that the supporting data are accurate and complete, and that the amount requested accurately reflects the Contract adjustment for which the Subrecipient believes the County is liable.
B. Pending the final resolution of any dispute arising under, related to, or involving this Contract, the Subrecipient agrees to diligently proceed with the performance of this Contract, including the delivery of goods and/or provision of services. The Subrecipient’s failure to diligently proceed shall be considered a material breach of this Contract.
Any final decision of the County shall be expressly identified as such, shall be in writing, and shall be signed by the Director. If the County fails to render a decision within 90 days after receipt of the Subrecipient’s demand, it shall be deemed a final decision adverse to the Subrecipient’s contentions. Nothing in this section shall be construed as affecting the County’s right to terminate the Contract for cause or termination for convenience as stated in Section K herein.
18.EDD Independent Subrecipient Reporting Requirements: Effective January 1, 2001, the County of Orange is required to file in accordance with subdivision (a) of DocuSign Envelope ID: B689B135-A9C2-4E76-A0A4-0FF8B11E3C79
County of Orange Page 22 of 49 City of Laguna Hills
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Section 6041A of the Internal Revenue Code for services received from a “service provider” to whom the County pays $600 or more or with whom the County enters into a contract for $600 or more within a single calendar year. The purpose of this reporting requirement is to increase child support collection by helping to locate parents who are delinquent in their child support obligations.
The term “service provider” is defined in California Unemployment Insurance Code Section 1088.8, Subparagraph B.2 as “an individual who is not an employee of the service recipient for California purposes and who received compensation or executes a contract for services performed for that service recipient within or without the State.” The term is further defined by the California Employment Development Department to refer specifically to independent Subrecipients. An independent Subrecipient is defined as “an individual who is not an employee of the ... government entity for California purposes and who receives compensation or executes a contract for services performed for that ... government entity either in or outside of California.” The reporting requirement does not apply to corporations, general partnerships, limited liability partnerships, and limited liability companies.
Additional information on this reporting requirement can be found at the California Employment Development Department web site located at
http://www.edd.ca.gov/Employer_Services.htm
19.Emergency/Declared Disaster Requirements: In the event of an emergency or if Orange County is declared a disaster area by the County, State or Federal government, this Contract may be subjected to unusual usage. The Subrecipient shall service the County during such an emergency or declared disaster under the same terms and conditions that apply during non-emergency/disaster conditions. The pricing quoted by the Subrecipient shall apply to serving the County’s needs regardless of the circumstances. If the Subrecipient is unable to supply the goods/services under the terms of the Contract, then the Subrecipient shall provide proof of such disruption and a copy of the invoice for the goods/services from the Subrecipient’s supplier(s). Additional profit margin as a result of supplying goods/services during an emergency or a declared disaster shall not be permitted. In the event of an emergency or declared disaster, emergency purchase order numbers will be assigned. All applicable invoices from the Subrecipient shall show both the emergency purchase order number and the Contract number.
20.Errors and Omissions: All reports, files and other documents prepared and submitted by Subrecipient shall be complete and shall be carefully checked by the professional(s) identified by Subrecipient as Project Manager and key personnel attached hereto, prior to submission to the County. Subrecipient agrees that County review is discretionary and Subrecipient shall not assume that the County will discover errors and/or omissions.
If the County discovers any errors or omissions prior to approving Subrecipient’s reports, files and other written documents, the reports, files or documents will be returned to Subrecipient for correction. Should the County or others discover errors or omissions in the reports, files or other written documents submitted by the Subrecipient after County approval thereof, County approval of Subrecipient’s reports, files or documents shall not DocuSign Envelope ID: B689B135-A9C2-4E76-A0A4-0FF8B11E3C79
County of Orange Page 23 of 49 City of Laguna Hills
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be used as a defense by Subrecipient in any action between the County and Subrecipient, and the reports, files or documents will be returned to Subrecipient for correction.
21.Non-Supplantation of Funds:
Subrecipient shall not supplant any Federal, State, or County funds intended for the purposes of this Contract with any funds made available under this Contract. Subrecipient shall not claim reimbursement from County for, or apply sums received from County with respect to, that portion of its obligations which have been paid by another source of revenue. Subrecipient agrees that it shall not use funds received pursuant to this Contract, either directly or indirectly, as a contribution or compensation for the purposes of obtaining Federal, State, or County funds under any Federal, State, or County program without prior written approval from the County.
22.Satisfactory Work: Services rendered hereunder are to be performed to the written satisfaction of County. County’s staff will interpret all reports and determine the quality, acceptability and progress of the services rendered.
23.Access and Records:
A. County, the State of California and the United States Government and/or their representatives, shall have access, for purposes of monitoring, auditing, and examining, to Subrecipient’s activities, books, documents and papers (including computer records and emails) and to records of Subrecipient’s subcontractors, consultants, contracted employees, bookkeepers, accountants, employees and participants related to this Contract. Subrecipient shall insert this condition in each Contract between Subrecipient and a subcontractor that is pursuant to this Contract shall require the subcontractor to agree to this condition. Such departments or representatives shall have the right to make excerpts, transcripts and photocopies of such records and to schedule on site monitoring at their discretion. Monitoring activities also may include, but are not limited to, questioning employees and participants and entering any premises or onto any site in which any of the services or activities funded hereunder are conducted or in which any of the records of Subrecipient are kept. Subrecipient shall make available its books, documents, papers, financial records, etc., within three (3) days after receipt of written demand by Director which shall be deemed received upon date of sending. In the event Subrecipient does not make the above referenced documents available within the County of Orange, California, Subrecipient agrees to pay all necessary and reasonable expenses incurred by County, or County’s designee, in conducting any audit at the location where said records and books of account are maintained.
B. Records Retention. All accounting records and evidence pertaining to all costs of Subrecipient and all documents related to this Contract shall be kept available at Subrecipient’s office or place of business for the duration of this Contract and thereafter for five (5) years after completion of an audit. Records which relate to:
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(1) complaints, claims, administrative proceedings or litigation arising out of the performance of this Contract; or (2) costs and expenses of this Contract to which County or any other governmental department takes exception, shall be retained beyond the five (5) years until final resolution or disposition of such appeals, litigation, claims, or exceptions.
C. Liability. Subrecipient shall pay to County the full amount of County’s liability to the State or Federal government or any department thereof resulting from any disallowance or other audit exceptions to the extent that such liability is attributable to Subrecipient’s failure to perform under this Contract.
24.Signature in Counterparts: The Parties agree that separate copies of this Contract and/or electronic signatures and handwritten signatures may be signed by each of the Parties, and this Contract will have the same force and effect as if the Original had been signed by all the Parties.
25.Reports/Meetings: The Subrecipient shall develop reports and any other relevant documents necessary to complete the services and requirements as set forth in this contract. The County’s Project Manager and the Subrecipient’s Project Manager will meet on reasonable notice to discuss the Subrecipient’s performance and progress under this Contract. If requested, the Subrecipient’s Project Manager and other project personnel shall attend all meetings. The Subrecipient shall provide such information that is requested by the County for the purpose of monitoring progress under this Contract.
26.Subcontracting: No performance of this Contract or any portion thereof may be subcontracted by the Subrecipient without the express written consent of the County.
Any attempt by the Subrecipient to subcontract any performance of this Contract without the express written consent of the County shall be invalid and shall constitute a breach of this Contract.
In the event that the Subrecipient is authorized by the County to subcontract, this Contract shall take precedence over the terms of the Contract between Subrecipient and subcontractor, and shall incorporate by reference the terms of this Contract. The County shall look to the Subrecipient for performance and indemnification and not deal directly with any subcontractor. All work performed by a subcontractor must meet the approval of the County of Orange.
27.Equal Employment Opportunity: The Subrecipient shall comply with U.S. Executive Order 11246 entitled, “Equal Employment Opportunity” as amended by Executive Order 11375 and as supplemented in Department of Labor regulations (41 CFR, Part 60) and applicable State of California regulations as may now exist or be amended in the future.
The Subrecipient shall not discriminate against any employee or applicant for employment on the basis of race, color, national origin, ancestry, religion, sex, marital status, political affiliation or physical or mental condition.
Regarding handicapped persons, the Subrecipient will not discriminate against any employee or applicant for employment because of physical or mental handicap in regard DocuSign Envelope ID: B689B135-A9C2-4E76-A0A4-0FF8B11E3C79
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to any position for which the employee or applicant for employment is qualified. The Subrecipient agrees to provide equal opportunity to handicapped persons in employment or in advancement in employment or otherwise treat qualified handicapped individuals without discrimination based upon their physical or mental handicaps in all employment practices such as the following: employment, upgrading, promotions, transfers, recruitments, advertising, layoffs, terminations, rate of pay or other forms of compensation, and selection for training, including apprenticeship. The Subrecipient agrees to comply with the provisions of Sections 503 and 504 of the Rehabilitation Act of 1973, as amended, pertaining to prohibition of discrimination against qualified handicapped persons in all programs and/or activities as detailed in regulations signed by the Secretary of the Department of Health and Human Services effective June 3, 1977, and found in the Federal Register, Volume 42, No. 68 dated May 4, 1977, as may now exist or be amended in the future.
Regarding Americans with disabilities, Subrecipient agrees to comply with applicable provisions of Title 1 of the Americans with Disabilities Act enacted in 1990 as may now exist or be amended in the future.
28.Gratuities: The Subrecipient warrants that no gratuities, in the form of entertainment, gifts or otherwise, were offered or given by the Subrecipient or any agent or representative of the Subrecipient to any officer or employee of the County with a view toward securing the Contract or securing favorable treatment with respect to any determinations concerning the performance of the Contract. For breach or violation of this warranty, the County shall have the right to terminate the Contract, either in whole or in part, and any loss or damage sustained by the County in procuring on the open market any goods or services which the Subrecipient agreed to supply shall be borne and paid for by the Subrecipient. The rights and remedies of the County provided in the clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under the Contract.
29.News/Information Release: The Subrecipient agrees that it will not issue any news releases in connection with either the award of this Contract or any subsequent amendment of or effort under this Contract without first obtaining review and written approval of said news releases from the County through the County’s Project Manager.
30.Notices: Any and all notices, requests demands and other communications contemplated, called for, permitted, or required to be given hereunder shall be in writing, except through the course of the Parties routine exchange of information and cooperation during the terms of the work and services. Any written communications shall be deemed to have been duly given upon actual in-person delivery, if delivery is by direct hand, or upon delivery on the actual day of receipt or no greater than four calendar days after being mailed by US certified or registered mail, return receipt requested, postage prepaid, whichever occurs first. The date of mailing shall count as the first day. All communications shall be addressed to the appropriate party at the address stated herein or such other address as the parties hereto may designate by written notice from time to time in the manner aforesaid.
For County:
DocuSign Envelope ID: B689B135-A9C2-4E76-A0A4-0FF8B11E3C79
County of Orange Page 26 of 49 City of Laguna Hills
OC Community Resources Contract # 012-24011200
OC Community Resources OC Community Resources
Housing and Community Development Contract Development and Management Project Manager Contract Administrator
1501 East St. Andrew Place, 1st Floor 601 N. Ross St., 6th Floor Santa Ana, CA 92705-4930 Santa Ana, CA 92701
For Subrecipient:
City of Laguna Hills
24035 El Toro Road
Laguna Hills, CA 92653
Attn: Project Manager
31.Ownership of Documents: The County has permanent ownership of all directly connected and derivative materials produced under this Contract by the Subrecipient.
All documents, reports and other incidental or derivative work or materials furnished hereunder shall become and remains the sole property of the County and may be used by the County as it may require without additional cost to the County. None of the documents, reports and other incidental or derivative work or furnished materials shall be used by the Subrecipient without the express written consent of the County.
32.Precedence: The Contract documents consist of this Contract and its exhibits and attachments. In the event of a conflict between or among the Contract documents, the order of precedence shall be the provisions of the main body of this Contract, i.e., those provisions set forth in the recitals and articles of this Contract, and then the exhibits and attachments.
33.Termination – Orderly: After receipt of a termination notice from the County of Orange, the Subrecipient may submit to the County a termination claim, if applicable. Such claim shall be submitted promptly, but in no event later than 60 days from the effective date of the termination, unless one or more extensions in writing are granted by the County upon written request of the Subrecipient. Upon termination County agrees to pay the Subrecipient for all services performed prior to termination which meet the requirements of the Contract, provided, however, that such compensation combined with previously paid compensation shall not exceed the total compensation set forth in the Contract.
Upon termination or other expiration of this Contract, each party shall promptly return to the other party all papers, materials, and other properties of the other held by each for purposes of performance of the Contract.
34.County Branding Requirements – Publicity, Literature, Advertisement and Social Media:
A. County owns all rights to the name, logos, and symbols of County. The use and/or reproduction of County’s name, logos, or symbols for any purpose, including commercial advertisement, promotional purposes, announcements, displays, or press releases, without County’s prior written consent is expressly prohibited.
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B. Subrecipient may develop and publish information related to this Contract where all of the following conditions are satisfied:
1. Contract Administrator/assigned Deputy Purchasing Agent provides its written approval of the content and publication of the information at least 30 days prior to Subrecipient publishing the information, unless a different timeframe for approval is agreed upon by the Contract Administrator/assigned Deputy Purchasing Agent;
2. Unless directed otherwise by Contract Administrator/assigned Deputy Purchasing Agent, the information includes a statement that the program, wholly or in part, is funded through County, State and Federal government funds [funds identified as applicable];
3. The information does not give the appearance that the County, its officers, employees, or agencies endorse:
a. any commercial product or service; and,
b. any product or service provided by Subrecipient, unless approved in writing by Contract Administrator/assigned Deputy Purchasing Agent; and,
4. If Subrecipient uses social media (such as Facebook, Twitter, YouTube or other publicly available social media sites) to publish information related to this Contract, Subrecipient shall develop social media policies and procedures and have them available to the Contract Administrator/assigned Deputy Purchasing Agent. Subrecipient shall comply with County Social Media Use Policy and Procedures as they pertain to any social media developed in support of the services described within this Contract. The policy is available on the Internet at http://www.ocgov.com/gov/ceo/cio/govpolicies.
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Program Specific Terms and Conditions:
35.Debarment: Subrecipient certifies that it is not debarred or suspended or otherwise excluded from or ineligible for participation in Federal/State assistance programs in accordance with 29 CFR Part 98.
36.Lobbying:
A. Subrecipient shall complete and immediately forward to the County the “Disclosure of Lobbying Activities,” a copy of which is attached hereto as Exhibit 4 and incorporated herein by this reference, if subrecipient, or any person, firm or corporation acting on Subrecipient’s behalf, engaged or engages in lobbying any federal office, employee, elected official or agency with respect to this Contract or funds to be received by subrecipient pursuant to this Contract.
B. Subrecipient agrees that the funds provided herein shall not be used to promote, directly or indirectly, any political party, political candidate or political activity, except as permitted by law.
37.Fraud: Subrecipient shall immediately report all suspected or known instances and facts concerning possible fraud, abuse or criminal activity under this Contract.
Subrecipient shall inform staff and the general public of how to report fraud, waste or abuse through appropriate postings of incident reporting notice. The County’s AntiFraud Program can be accessed through:
http://ocgov.com/gov/risk/programs/antifraud.
38.Fiscal Accountability:
A. Financial Management System: Subrecipient shall establish and maintain a sound financial management system, based upon generally accepted accounting principles. Subrecipient’s system shall provide fiscal control and accounting procedures that will include the following:
i. Information pertaining to the line items as identified in Attachment C to this Contract;
ii. Source documentation to support accounting records; and iii. Proper charging of costs and cost allocation.
B. Subrecipient’s Record: Subrecipient’s records shall be sufficient to:
i. Permit preparation of required reports;
ii. Permit tracking of funds to a level of expenditure adequate to establish that funds have not been used in violation of the applicable restrictions on the use of such funds;
iii. Permit the tracking of program income, or profits earned, and any costs incurred (such as stand-in costs) that are otherwise allowable except for; and iv. Permit tracking and reporting of leveraging as required.
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County of Orange Page 29 of 49 City of Laguna Hills
OC Community Resources Contract # 012-24011200
C. Costs Charged: Cost shall be charged to this Contract only in accordance with the County and other requirements as required by funding source(s).
39.Performance Standards: Subrecipient shall comply with and adhere to the performance accountability standards as described in this Contract and applicable regulations and the activity levels to be utilized by County for program evaluation and monitoring included, but not limited to those listed in the Attachment E-Performance Standards attached hereto and incorporated herein by reference.
40.Budget Schedule: Subrecipient agrees that the expenditures of any and all funds under this Contract will be in accordance with the Budget Schedule, a copy of which is attached hereto as Attachment C, and which by this reference is incorporated herein and made a part hereof as if fully set forth.
41.Payment Requirements:
If funding levels are significantly affected by state or federal budget and funds are not allocated and available for the continuance of the function performed by Subrecipient, the Contract may be terminated by the County at the end of the period for which funds are available. The County shall notify Subrecipient at the earliest possible time of any service, which will or may be affected by a shortage of funds. No penalty shall accrue to the County in the event this provision is exercised and the County shall not be obligated nor liable for any damages as a result of termination under this provision of this Contract, and nothing herein shall be construed as obligating the County to expend or as involving the County in any Contract or other obligation for future payment of money in excess of appropriations authorized by law.
A. Contract Amount: It is expressly agreed and understood that the total amount to be paid by County under this Contract shall not exceed the total County funding as set forth in Attachment B-Payment/Compensation to Subrecipient attached hereto and incorporated herein by reference.
B. County will reclaim any unused balance of funds for reallocation to other County approved projects.
C. Payment of Project Activities:
1. Payment of Project Activities: County will reimburse Subrecipient for eligible project-related costs only. Subrecipient shall submit requests for reimbursement to County on a monthly basis beginning on August 1, 2024, and must provide adequate documentation as required by County in accordance with the OC Community Resources Contract Reimbursement Policy, as set forth in Exhibit 1, attached hereto and incorporated herein by reference. In addition, Subrecipient will provide a progress Grantee Performance Report (“GPR Information Form”) for the time period covered, as prescribed by County. Failure to provide any of the required documentation and reporting will cause County to withhold all or a portion of a request for reimbursement, or return the entire reimbursement package to Subrecipient, until such documentation and reporting has been received and approved by County.
DocuSign Envelope ID: B689B135-A9C2-4E76-A0A4-0FF8B11E3C79
County of Orange Page 30 of 49 City of Laguna Hills
OC Community Resources Contract # 012-24011200
2. If Subrecipient has no request for reimbursement during any quarter during the term of this Contract, a GPR Information Form, including and explanation as to why no invoices were being processed, shall be required in lieu of a request for reimbursement.
3. The following “Required Expenditure Threshold” criteria have been established to guide the Subrecipient in structuring and scheduling their expenditure of funds received through this Contract, through term of Contract. The criteria thresholds are consistent with the criteria used by OC Community Resources to determine performance including, but not limited to, determinations of future award of funds, additional funding requests and/or determinations for the recapture of funding. *Milestone Date Minimum Required Expenditure Threshold
February 15, 2025 50% of Contracted Amount Expended
March 15, 2025 70% of Contracted Amount Expended
April 15, 2025 80% of Contracted Amount Expended
June 30, 2025 100% of Contracted Amount Expended
Failure to achieve at least the aforementioned 50% drawdown, without extenuating circumstances, may cause any remaining balance in this Contract to be reclaimed by County, and will negatively affect future funding to Subrecipient. Failure to achieve the aforementioned 80% drawdown goal, without written exception approved by the Director, may cause any remaining balance in this Contract to be reclaimed by County, and will impact future funding to Subrecipient
4. Subrecipient will have forty-five (45) days following the expiration of the Contract to submit outstanding invoices for reimbursement of eligible costs incurred during the Contract period. After the forty-five (45) day period for submitting invoices has expired, County shall reallocate the remaining balance under this Contract for other program purposes and Subrecipient shall be ineligible for any further reimbursement.
D. Funds shall not be disbursed for any costs incurred prior to the certification by County and/or HUD of Certificate(s) of Insurance as further defined in Paragraph O “Insurance Requirements” of this Contract.
E. Eligible costs related to services provided by Subrecipient must be incurred during the period beginning July 1, 2024. The Project shall be completed, and all funds provided through this Contract shall be expended on eligible Project activities through and including June 30, 2025.
a. Housing Rehabilitation Contracts and Public Facilities & Improvements Contracts.
i. Subrecipient may be eligible to request additional funding up to the maximum set forth as identified in County policy if Subrecipient meets or exceeds any one of the Minimum Required Expenditure Thresholds at DocuSign Envelope ID: B689B135-A9C2-4E76-A0A4-0FF8B11E3C79
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50%, 70% or 80% on or prior to the milestone date as set forth in Paragraph 42. C.3.
ii. If additional funding is available for allocation to Subrecipient, and the basic goals and objectives of the program are not altered, Subrecipient and County shall amend the Subrecipient Scope of Services component of this Contract. Furthermore, Subrecipient shall demonstrate to the satisfaction of County that the required Performance Expenditure and Accomplishment Thresholds set forth in Paragraph 47.C will continue to be met before such extension and additional allocation shall be granted. iii. Contract Extension (No Cost Extension)
1. The term of this Contract and the provisions herein may be extended to cover an additional time period as specified herein.
2. The date for Project completion, the term of the Contract, and expenditure of all funds may be extended by the Director without further action by the Board as identified in County policy.
Subrecipient must notify the Director in writing 45 days prior to June 30, 2024, to request an extension. For all extensions, the deadline for submittal of invoices shall be forty-five (45) days after the new expiration date.
3. Contract extension provisions are not applicable to program administration activities.
b. Public Services Contracts cannot be extended.
F. County and Participating Cities previously entered into a Cooperation Agreement effective July 1, 2023 as amended, in which both Parties agreed to cooperate in the undertaking, or assist in the undertaking, of community development and housing assistance activities.
G. Metropolitan Cities with populations of over 50,000, are eligible to participate in the Community Planning and Development (“CPD”) program funds directly from HUD and have opted to participate in the CPD programs through the County’s Urban County Program as a metropolitan city.
42.Modification of Budget: Upon written approval of County, Subrecipient shall have the authority to transfer allocated program funds from one category of the overall program Budget to another category of the overall Budget. No such transfer may be made without the express prior written approval of County. A modification of the Budget may include the addition of any new Budget category.
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County of Orange Page 32 of 49 City of Laguna Hills
OC Community Resources Contract # 012-24011200
43.Annual Audit: If Subrecipient expends Federal funds in a fiscal year which equal or exceed $750,000 (seven hundred fifty thousand dollars) as specified in 2 CFR Part 200.500- Subpart F-Audit Requirements, Subrecipient shall cause an audit to be prepared by a Certified Public Accountant (“CPA”) who is a member in good standing with the American Institute of Certified Public Accountants (“AICPA”) of the California Society of CPA’s. The audit must be performed annually in accordance with Generally Accepted Auditing Standards (“GAAS”) authorized by the AICPA and Federal laws and regulations governing the programs in which it participates.
Furthermore, County retains the right to require Subrecipient to submit similarly prepared audit at Subrecipient’s expense even in instances when Subrecipient’s expenditure is less than $750,000. Subrecipient will be required to identify corrective action taken in response to any findings identified by CPA related to their funded activity or program.
Subrecipient will ensure an annual financial audit is performed in compliance with the Federal Single Audit Act and will submit two (2) copies of such audit report, including a copy of the management letter, to County within six (6) months of the end of each Contract year in which Subrecipient has received federal funding (i.e., July 1 – June 30).
Failure to meet this requirement may result in County denying reimbursement of funds to Subrecipient, as well as future funding qualification. Subrecipients, which are exempt from statutory audit requirements, shall maintain records, which are available for review by County or Federal officials. Subrecipient acknowledges that any and all “Financial Statements” submitted to County pursuant to this Contract become public records and are subject to public inspection pursuant to the California Public Records Act (Section 6250 et seq. of the California Government).
44.UEI and D-U-N-S Numbers and Related Information: UEI and D-U-N-S Numbers: A unique, non-indicative 12-and 9 digit identifiers issued and maintained by SAM.gov and the Dun & Bradstreet (D&B) that verifies the existence of a business entity. The UEI and D-U-N-S Numbers are needed to coordinate with the System for Award Management (SAM) that combines federal procurement systems and the Catalog of Federal Domestic Assistance into one new system. https://www.SAM.gov The UEI and D-U-N-S Numbers must be provided to County prior to the execution of this Contract. Subrecipient shall ensure all UEI and D-U-N-S information is up to date and the UEI and D-U-N-S Numbers status is “active,” prior to execution of this Contract.
If County cannot access the Subrecipient’s UEI and D-U-N-S information related to this federal sub award on the Federal Funding Accountability and Transparency Act Sub Award Reporting System (SAM.GOV) due to errors in the Subrecipient’s data entry for its UEI and D-U-N-S Numbers, the Subrecipient must immediately update the information as required.
If County cannot access the Subrecipient’s UEI and D-U-N-S information related to this federal sub award on the Federal Funding Accounting and Transparency Act Sub Award Reporting System (SAM.GOV) due to errors in the Subrecipient’s data entry for its UEI and D-U-N-S Numbers, the Subrecipient must immediately update the information as required.
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County of Orange Page 33 of 49 City of Laguna Hills
OC Community Resources Contract # 012-24011200
The County reserves the right to verify and validate any information prior to contract award and during the entire term of the Contract.
45.Program Income:
A. Subrecipient shall comply with regulations, as well as all applicable State or County regulations concerning the reporting and payment procedures for program income.
B. Definition: “Program Income” means, as provided by 24 CFR § 570.504, gross income received by the Subrecipient directly generated by a grant supported activity, or earned only as a result of the grant agreement during the grant period.
C. Use. The Subrecipient shall use all income received from said funds only for the same purposes for which said funds may be expended pursuant to the terms and conditions of this Contract.
D. All Program Income accrued shall be returned to County on a quarterly basis prior to Subrecipient receiving any reimbursement from grant funds provided under this Contract.
E. Subrecipient shall provide information of the receipt of Program Income by Subrecipient related to this Contract on all GPR Information Forms submitted with requests for reimbursement.
F. Subrecipient shall complete and submit a Year-End Program Income letter, indicating amount of Program Income and include any reimbursement remittance necessitated therein, by July 15, after the close of the Contract fiscal year.
46.Performance:
A. Subrecipient shall provide the oversight, administration, and project management necessary to accomplish all contracted activities in a timely manner. Subrecipient also agrees to comply with all applicable Federal, State, and local laws and regulations governing the funds provided under this Contract.
B. Subrecipient shall comply with all applicable HUD regulations, as described in Paragraph 49 “Federal Administrative and Related Requirements” of this Contract, concerning administrative requirements and maintain records as to services provided and total number of persons served through the project, including but not limited to, population-served analysis (i.e., extremely-low income persons, very-low income persons, and low-income persons as defined by HUD). Such information shall be available for periodic monitoring by representatives of County or HUD and shall be submitted by Subrecipient in report form to County by dates specified by County.
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County of Orange Page 34 of 49 City of Laguna Hills
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C. The following “Performance Threshold” criteria shall be used to assess the level of performance of the Subrecipient, including Attachment A — Scope of Services, attached hereto and incorporated herein by reference. Furthermore, the criteria will be considered by OC Community Resources when determining future funding. In order to be considered in compliance with the performance threshold criteria, the Subrecipient must, on or before the required milestone date, submit to OC Community Resources a request for reimbursement which demonstrates that Subrecipient has expended funds and met their proposed accomplishment goals at the required levels, unless exempted in writing by the County.
D. Subrecipient shall complete and submit a Year End GPR Information Form by August 14, after the close of the Contract fiscal year.
E. Should the activity being funded through this Contract be completed, cancelled or terminated prior to the termination date set forth herein in Paragraph 2 “Term of Contract,” or if funds allocated through this Contract are fully expended, prior to end of Contract term, Subrecipient must continue to serve its clients for the entire term of this Contract. Subrecipient shall complete and submit a Mid-Year and Year End GPR Information Form at the time of the completion, cancellation or termination.
F. Subrecipient shall complete and submit a GPR Information Form in support of all requests for reimbursement. Said GPR Information Form shall consist of a cumulative report of project related accomplishments as set forth in Attachment A - Scope of Services, for the subject quarter. If at any time during the term of this Contract Subrecipient has no activity occuring during any quarter, Subrecipient shall prepare and submit to County a Quarterly GPR Information Form, regardless of actual activity.
G. Subrecipient acknowledges that the GPR Information Form is a monitoring tool that will be reviewed and evaluated to determine Subrecipient’s level of performance relative to this Contract.
H. Subrecipient shall submit all requested data necessary to complete the Consolidated Annual Performance and Evaluation Report (CAPER), and monitor program accountability and progress in accordance with HUD requirements, in the format and at the time designated by County.
I. Readiness – for Housing Rehabilitation and Public Facilities & Improvements Projects:
Subrecipient shall be required to demonstrate to County its readiness to immediately initiate its Project upon execution of this Contract by providing to the County documentation including, but not limited to, the following: Board or Council Minutes/Resolution; Awarded bid documents with timeline requirements; and, executed Architect and Engineer (hereafter referred to as “A&E”) contracts with specific project timelines consistent with funding. By July 30 of Contract term, Subrecipient shall provide County a Project Readiness Checklist incorporating the status of all Project-phasing milestones. In the case of DocuSign Envelope ID: B689B135-A9C2-4E76-A0A4-0FF8B11E3C79
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milestones not yet reached, Subrecipient shall provide projected target dates for when said milestones would be met. The Project Readiness Checklist shall clearly demonstrate that Subrecipient will meet the “Minimum Required Expenditure Thresholds” as set forth in this Paragraph 47.C. Subrecipient acknowledges that said Project Readiness Checklist may be considered to evaluate the performance of the Subrecipient.
47.Performance Monitoring:
A. Performance Monitoring of Subrecipient by County, State of California and/or HUD shall consist of requested and/or required written reporting, as well as onsite monitoring by County, State of California or HUD representatives.
B. County shall periodically evaluate Subrecipient’s progress in complying with the terms of this Contract. Subrecipient shall cooperate fully during such monitoring.
County shall report the findings of each monitoring to Subrecipient.
C. County shall monitor the performance of Subrecipient against the goals, outcomes, milestones and performance standards required herein. Substandard performance, as determined by County, will constitute non-compliance with this Contract for which County may immediately terminate the Contract. If action to correct such substandard performance is not taken by Subrecipient within the time period specified by County, payment(s) will be denied in accordance with the provisions contained in this Paragraph 47 of this Contract.
D. HUD in accordance with 24 CFR Part 570 Subpart O, 570.902, will annually review the performance of County to determine whether County has carried out its Community Development Block Grant (CDBG) assisted activities in a timely manner and has significantly disbursed CDBG funds and met the mandated “1.5 ratio” threshold. Subrecipient is responsible to ensure timely drawdown of funds.
48.Federal Administrative and Related Requirements: Subrecipient must comply with all federal requirements as it pertains for 24 CFR Parts 91 and 570. Subrecipient acknowledges that administration of its operation and services are subject to the requirements as established in 2 CFR Part 200, et al. Subrecipient shall procure all materials, property, or services in accordance with the requirements of 2 CFR § 200.318-326.
A. Financial Management:
1. Accounting Standards
Subrecipient agrees to comply with 24 CFR 84.21-28 and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred.
2. Cost Principles:
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The Subrecipient shall administer its program in conformance with 2 CFR Part 200, et al; (and if Subrecipient is a governmental or quasigovernmental agency, the applicable sections of 24 CFR 85, “Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments,”) as applicable. These principles shall be applied for all costs incurred whether charged on a direct or indirect basis.
B. Documentation and Record Keeping
1. Records to be Maintained
Subrecipient shall maintain all records required by the Federal regulations specified in 24 CFR 570.506 that are pertinent to the activities to be funded under this Contract. Such records shall include, but not be limited to:
a. Records providing a full description of each activity undertaken; b. Records demonstrating that each activity undertaken meets the one of the National Objectives of the CDBG program;
c. Records required to determine the eligibility of activities; d. Records required to document the acquisition, improvement, use, or disposition of real property acquired or improved with CDBG assistance;
e. Records documenting compliance with the fair housing and equal opportunity components of the CDBG program;
f. Financial records as required by federal regulations 24 CFR 570.502, and 24 CFR 84.21-28; and
g. Other records necessary to document compliance with Subpart K of 23 CFR.
2. Retention
Subrecipient shall retain all financial records, supporting documents, statistical records, and all other records pertinent to this Contract for a period of five (5) years. The retention period begins on the date of the submission of the County’s annual performance and evaluation report to HUD in which the activities assisted under the Contract are reported on for the final time. Notwithstanding the above, if there is litigation, claims, audits, negotiations or other actions that involve any of the records cited and that have started before the expiration of the five-year period, then such records must be retained until completion of the actions and resolution of all issues, or the expiration of the five-year period, whichever occurs later.
3. Client Data
a. Subrecipient shall maintain client data demonstrating client eligibility for services provided for a period of five (5) years after the termination of all activities funded under this Contract, or after the resolution of all Federal audit finding, whichever occurs later. Such DocuSign Envelope ID: B689B135-A9C2-4E76-A0A4-0FF8B11E3C79
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data shall be consistent and include, but not limited to, client name, address, verifiable income level (as documented by income tax returns, employee payroll records, retirement statements, etc. or other third party documentation acceptable to County, for determining eligibility), and description of service provided. Such information shall be made available to HUD representatives, County monitors, or their designees, for review upon request. b. Subrecipient shall develop and implement procedures to ensure the confidentiality of records pertaining to any individual provided family violence prevention or treatment services under any project assisted under the subject program, including protection against the release of the address or location of any family violence shelter project, except with the written authorization of the person responsible for the operation of that shelter.
4. Disclosure
Subrecipient shall maintain client data demonstrating client eligibility for services provided. Such data shall include, but not be limited to, client name, address, income level or other basis for determining eligibility, and description of service provided. Such information shall be made available to County monitors or their designees for review upon request.
5. Close-Outs
Subrecipient’s obligation to County shall not end until all close-out requirements are completed. Activities during this close-out period shall be completed in accordance with federal and State regulations and shall include, but are not limited to: making final payments; submitting final invoice(s), report(s), in accordance with the requirements of Paragraph 49, and documentation; disposing of program assets (including the return to County of all unused materials and equipment); remitting any program income balances and accounts receivable to County, and determining the custodianship of records. Notwithstanding the foregoing, the terms of this Contract shall remain in effect during any period that the Subrecipient has control over CDBG funds, including Program Income.
C. Personnel & Participation Conditions
1. Civil Rights
Compliance
Subrecipient agrees to comply with California Civil Rights Act Ordinances and Title VI of the Civil Rights Act of 1964, as amended, Title VIII of the Civil Rights Act of 1968, as amended, Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974, as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and with Executive Order 11246, as amended by Executive Orders 11375, 11478, 12107 and 12086.
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County of Orange Page 38 of 49 City of Laguna Hills
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2. Nondiscrimination in Employment and Contracting
Subrecipient agrees to comply with the non-discrimination in employment and contracting opportunities laws, regulations, and executive orders referenced in 24 CFR 570.607, as revised by Executive Order 13279, including 24 CFR Part 8, 24 CFR 570.602 and Section 504 of Rehabilitation Act of 1973, Americans with Disabilities Act of 1990, Executive Order 11063. The applicable non-discrimination provisions in Section 109 of the Housing and Community Development Act (HCDA) are still applicable.
3. Affirmative Action:
Subrecipient agrees that it shall be committed to carry out an Affirmative Action Program that encompasses that principals provided in President’s Executive Order 11246, as revised on January 4, 2002.
4. Americans with Disabilities Act:
Subrecipient agrees to comply with Section 504 of the Rehabilitation Act of 1973 as amended; Title VI and VII of the Civil Rights Act of 1964 as amended; Americans with Disabilities Act, 42 USC 12101; California Code of Regulations, Title 2, Title 22: California Government Code, Sections 11135, et seq; and other federal and state laws and executive orders prohibit discrimination. All programs, activities, employment opportunities, and services must be made available to all persons, including persons with disabilities.
5. Drug-Free Workplace:
The Subrecipient hereby certifies compliance with Government Code Section 8355 in matters relating to providing a drug-free workplace as set forth in Exhibit 2, attached hereto and incorporated herein by reference.
The Subrecipient will:
a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations, as required by Government Code Section 8355(a). b. Establish a drug-free awareness program as required by Government Code Section 8355(b) to inform employees about all of the following:
i. The dangers of drug abuse in the workplace;
ii. The Subrecipient’s policy of maintaining a drug free workplace;
iii. Any available counseling, rehabilitation, and employee assistance programs; and
iv. Penalties that may be imposed upon employees for drug abuse violations.
c. Provide as required by Government Code Section 8355(c) that every employee who works under this Contract:
i. Will receive a copy of the company’s drug-free policy statement; and
DocuSign Envelope ID: B689B135-A9C2-4E76-A0A4-0FF8B11E3C79
County of Orange Page 39 of 49 City of Laguna Hills
OC Community Resources Contract # 012-24011200
ii. Will agree to abide by the terms of the company’s statement as a condition of employment under this Contract.
Failure to comply with these requirements may result in suspension of payments under the contract or termination of the contract or both, and the Subrecipient may be ineligible for award of any future County contracts if the County determines that any of the following has occurred:
iii. The Subrecipient has made false certification, or
iv. The Subrecipient violates the certification by failing to carry out the requirements as noted above.
6. Anti-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:
a. No federal appropriated funds will be paid, by or on behalf of it, 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 federal grant, the making of any Federal loan, the entering into of any Cooperative Agreement, and the extension,
continuation, renewal, amendment, or modification of any federal contract, grant, loan, or Cooperative Agreement; and
b. Subrecipient shall include subject anti-lobbying certification in award documents for all sub-Subrecipients at all tiers (including sub-subcontracts, sub-subgrants, and contract under grants, loans, and Cooperative Agreements) and that all sub-Subrecipients shall certify and disclose accordingly.
7. Employment Restrictions:
a. Prohibited Activity:
Subrecipient is prohibited from using funds provided herein, or personnel employed in the administration of the program, for:
political activities, sectarian or religious activities, lobbying, political patronage, and nepotism activities.
b. OSHA:
Where employees are engaged in activities not covered under the Occupational Safety and Health Act of 1970, they shall not be required or permitted to work, be trained, or receive services in buildings or surroundings or under working conditions which are unsanitary, hazardous or dangerous to the participants’ health or safety.
c. Employee Rights
i. Federal Minimum Wage
Subrecipient must follow the Fair Labor Standards Act
(FLSA), as it currently exists and it may be amended, which sets basic minimum wage and overtime pay standards.
These standards are enforced by The United States
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Department of Wage and Hour Division under Department’s Wage and Hour Division. The Federal minimum wage
provisions are contained in the FLSA. Many states also
have minimum wage laws. In cases where an employee is
subject to both state and federal minimum wage laws, the employee is entitled to the higher minimum wage.
d. California Minimum Wage
i. Subrecipient must follow the California enacted legislation signed by the Governor of California, raising the minimum wage for all industries (MW-2007). (AB 1835, CH230, Stats of 2006, adding sections 1182.12 and 1182.13 to the
California Labor Code.) Pursuant to its authority under Labor Code section 1182.13, the Department of Industrial
Relations amends and republishes Sections, 1, 2, 3, and 5 of the General Minimum Wage Order. MW-2001, Section 4,
Separability, has not been changed. Consistent with this enactment, amendments are made to the minimum wage,
and the meals and lodging credits sections of all of the IWC’s industry and occupation orders. This summary must be
made available to employees in accordance with the IWC’s wage orders. Copies of the full text of the amended wage orders may be obtained by ordering on-line at
www.dir.ca.gov/WP.asp or by contacting your local Division of Labor Standards Enforcement office.
e. Hatch Act:
Subrecipient agrees that no funds provided, nor personnel employed under this Contract, shall be in any way or to any extent engaged in the conduct of political activities in violation of the Hatch Act, 5 U.S.C. Section 1501 et seq. and Chapter 15 of Title V of the U.S.C.
f. Religious Organization/Activities:
In accordance with 24 CFR 570.200(j), Subrecipient shall not discriminate against faith-based organizations in administering its federal HUD activities. Subrecipient agrees that funds provided under this Contract will not be utilized for inherently religious activities prohibited by 24 CFR 570.200(j), such as worship, religious instruction, or proselytization or to promote religious interest, or for the benefit of a religious organization.
8. Labor Standards
a. Subrecipient agrees to contact County no less than fourteen (14) days prior to the Pre-Construction Meeting date to seek consultation regarding application of requirements per federal labor standards regulations or Davis-Bacon related Acts.
b. Subrecipient will comply with Davis-Bacon Act and/or State Prevailing Wage requirements, when applicable.
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c. Subrecipient agrees to comply with all applicable requirements of the Secretary of Labor in accordance with the Davis-Bacon Act, the provisions of Contract Work Hours and Safety Standards Act, the Copeland “Anti-Kickback” Act (40 U.S.C. 276, 327-333), and all other applicable Federal, State and local laws and regulations pertaining to labor standards. Subrecipient shall maintain all applicable documentation, which demonstrates compliance with hour and wage requirements of this part. Such documentation shall be made available to County for review upon request.
d. Subrecipient agrees that, except with respect to the rehabilitation or construction of residential property designed for residential use for less than eight (8) units, all Subrecipients engaged in contracts of $2,000.00 or more for construction, renovation or repair of any building or work financed in whole or in part with assistance provided under this Contract, shall comply with all applicable federal requirements including Department of Labor regulations, under 29 CFR, Parts 3, 1, 5, 7 and 1926 governing the payment of wages and ratio of apprentices and trainees to journeymen.
Nothing hereunder is intended to relieve
e. Subrecipient of its obligation, if any, to require payment of the higher rate under state or local laws Subrecipient shall insert provisions meeting the requirements of this Paragraph in all such Contracts.
In case where the Davis-Bacon Act applies, Subrecipient agrees to submit the Construction Bid Package for this project to County for modification, Subrecipient shall construct project in accordance with the approved Construction Bid Package.
9. California Labor Code Compliance
a. Prevailing Wage laws apply, Subrecipient hereby agrees to pay, or cause its subcontractors to pay, Prevailing Wage rates at all times for all construction, improvements, or modifications to be completed for County under this Contract. Subrecipient herein agrees that Subrecipient shall post, or cause to be posted, a copy of the most current, applicable Prevailing Wage rates at the site where the construction, improvements, or modifications are performed. b. Payroll Records
Subrecipient agrees that:
Certified copies of all payroll records for this project shall be required pursuant to the provisions of California Labor Code “Section 1776”. The reporting format and words of certification shall be as indicated in Title 8 of the California Code of Regulations, Section 16401.
Certified copies of the payroll records of all subcontractors working on this project are required. It shall be the responsibility of the prime contractor to ensure subcontractor compliance.
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County of Orange Page 42 of 49 City of Laguna Hills
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Certified copies of all payroll records shall be submitted on a weekly basis to County through the duration of this Contract.
Subrecipient acknowledges that failure to comply with Section 1776 may result in a forfeiture of one hundred dollars ($100) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated, and it should be recognized that a contractor or subcontractor, or agent or representative thereof who neglects to comply is guilty of a misdemeanor pursuant to California Labor Code Section 1777.
10. Economic Opportunities
Compliance
Subrecipient agrees to abide by the provisions of OMB Circulars 102 and 110, as applicable, 24 CFR 570.611 with respect to conflicts of interest, and covenants that it presently has no financial interest and shall not acquire any financial interest, direct or indirect, which would conflict in any manner or degree with the performance of services required under this Contract.
Subrecipient further covenants that in the performance of this Contract no person having such a financial interest shall be employed or retained by Subrecipient hereunder. These conflict of interest provisions apply to any person who is an employee, agent, consultant, officer, or elected official or appointed official of County or Subrecipient, or any designated public agencies which are receiving funds under the CDBG Entitlement Program.
This Contract is subject to the requirements of 12 USC 1701u, the HUD regulations issued pursuant thereto at 24 CFR Part 75., and any applicable rules and orders of HUD issued Federal financial assistance shall be conditioned upon compliance with 12 USC 1701u. Failure to fulfill these requirements shall subject Subrecipient and any sub-Subrecipients, their successors and assigns, to those remedies specified herein. Subrecipient certifies and agrees that no conflict exists which would prevent compliance with requirements.
The Subrecipient agrees to abide by 24 CFR Part 75, below and will insert the following clause in any subcontracts executed with third parties for work covered by this Contract:
a. The work to be performed under this Contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 USC §1701u) ("Section 3"). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted developments covered by Section 3 shall, to the greatest extent feasible, be directed to low- and very low-income persons, including persons who are recipients of HUD assistance for housing, with a preference for both targeted workers living DocuSign Envelope ID: B689B135-A9C2-4E76-A0A4-0FF8B11E3C79
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OC Community Resources Contract # 012-24011200
in the service area or neighborhood of the Development and YouthBuild participants, as defined at 24 CFR Part 75 ("Section 3 Regulations"). b. The Parties agree to comply with HUD's Regulations in 24 CFR, Part 75 which implement Section 3. As evidenced by their execution of this Contract, the Parties certify that they are under no contractual or other impediments that would prevent them from complying with the Section 3 Regulations.
c. The Sub-recipient, contractor, and subcontractor agrees to send to each labor organization or representative of workers with which the Sub-recipient, contractor, and subcontractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the Sub-recipient, contractor, and subcontractor's commitments under this section of the Contract and will post copies of the notice in conspicuous places at the worksite where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference and shall set forth the following: (i) minimum number and job titles subject to hire, (ii) availability of apprenticeship and training positions, (iii) qualifications for each, (iv) name and location of the person(s) taking applications for each of the positions, and (v) the anticipated date the work shall begin.
d. The Sub-recipient, contractor, and subcontractor agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in Section 3 Regulations and agrees to take appropriate action, as provided in an applicable provision of the subcontractor in this Section 3 clause, upon a finding that the subcontractor violates the regulations in Section 3 Regulations. The Sub-recipient, contractor, and subcontractor will not subcontract with any subcontractor where the Subrecipient, contractor, and subcontractor has notice or knowledge that the subcontractor has been found in violation of the regulations 24 CFR part
75. e. The Sub-recipient, contractor, and subcontractor will certify that any vacant employment positions, including training positions, that are filled (1) after a contractor is selected but before the Contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 75 require employment opportunities to be directed, were not filled to circumvent the Sub-recipient, contractor, and subcontractor's obligations under 24 CFR part 75
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OC Community Resources Contract # 012-24011200
f. Noncompliance with HUD's regulations in 24 CFR part 75 may result in sanctions, termination of this Contract for default, and debarment or suspension from future HUD assisted contracts.
11. Environmental Conditions:
Subrecipient shall comply with HUD Environmental Review under HUD regulations at 24 CFR 58 et seq., which implement the National Environmental Policy Act (NEPA); and, the California Environmental Quality Act (CEQA). No costs shall be incurred and no funds shall be disbursed prior to certification by County and/or HUD of environmental compliance.
Subrecipient shall incur no costs for any project-related activity defined in Subrecipient Scope of Services and County shall not disburse funds prior to certification by County and/or HUD for environmental compliance.
Subrecipient shall provide requested material to County for the Environmental Review process required by applicable regulations. a. Air and Water:
Subrecipient agrees to comply with the following regulations in so far as they apply to the performance of this Contract:
Clean Air Act, 42 U.S.C., 1857, et seq.
Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, et seq.
Environmental Protection Agency (EPA) regulations pursuant to 40 CFR 50 and 40 CFR 58.
b. Flood Disaster Protection:
Subrecipient agrees to comply with the requirements of the Flood Disaster Protection Act of 1973, including as applicable any regulations set forth in 24 CFR 55, (implementing Executive Order 11988) in regard to the sale, lease or other transfer of land acquired, cleared, or improved under the terms of this Contract, as it may apply to the provisions of this Contract.
c. Lead-Based Paint:
Subrecipient agrees that any construction or rehabilitation of residential structures with assistance provided under this Contract shall be subject to HUD Lead-Based Paint Regulations at 24 CFR 570.608, and 24 CFR 35, particularly, 24 CFR 35.100 through
35.175. Such regulations pertain to all HUD-assisted housing and require that all owners, prospective owners, and tenants or properties constructed prior to 1978 be properly notified with the “Protect Your Family From Lead In Your Home” publication, found at http://www.epa.gov/lead that such properties may include leadbased paint. d. Historic Preservation:
Subrecipient agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of DocuSign Envelope ID: B689B135-A9C2-4E76-A0A4-0FF8B11E3C79
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1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR 800, Protection of Historic Properties, insofar as they apply to the performance of this Contract.
In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a Federal, State, or local historic property list.
e. Energy Efficiency Standards:
Subrecipient agrees to comply with the California Energy Commission Assembly Bill 970, Title 24, Part I of the California Code of Regulations (AB970: Building Efficiency Energy
Standards), in regard to construction and property development, when applicable.
f. Modifications/Transfers of Real Property:
Any proposed modification or change in use of real property acquired or improved, in whole or in part, by CDBG funds from the use planned at the time of the acquisition or improvement, including disposition, is prohibited.
i. Subrecipient shall ensure that any real property under Subrecipient’s control that was acquired or improved in whole or in part with CDBG funds in excess of $25,000 is either:
i.i. Used to meet one of the national objectives contained in 24 CFR 570.208 for a period not less than five years,
or for such period of time as determined to be
appropriate by County, after expiration of the Contract and close-out of Subrecipient’s participation in the
CDBG Program, or, until five years after the close-out
of the grant from which the assistance to the property, whichever occurs first; or,
i.ii. Disposed of in a manner which results in County being reimbursed in an amount equal to the current fair
market value of the property less any portion thereof
attributable to expenditures of non-CDBG funds for
acquisition of, or improvement to, the property. Such
reimbursement is not required after the period of time
specified in accordance with this Paragraph 49.
g. Property Records:
Subrecipient shall maintain real property inventory records, which clearly identify properties purchased, improved, or sold. Properties retained shall continue to meet eligibility criteria, rental limitations, health, safety and building codes, etc., and shall conform to federal and State regulations.
h. Equipment:
Subrecipient shall use, manage and dispose of equipment in accordance with federal and State regulations.
i. Subcontracts:
i. Subrecipient shall submit all subcontract agreements to DocuSign Envelope ID: B689B135-A9C2-4E76-A0A4-0FF8B11E3C79
County of Orange Page 46 of 49 City of Laguna Hills
OC Community Resources Contract # 012-24011200
County for review and consent prior to entering into such subcontracts. For construction subcontracts, Subrecipient shall submit the Construction Bid Package to County for review and written approval by Director or designee prior to advertising for bids and award for the construction contract.
Subrecipient shall construct Project in accordance with the Construction Bid Package, which Director approved, unless prior written approval is received from Director for
modification thereof.
ii. Subrecipient shall assume responsibility for all
subcontracted services to assure Contract compliance.
iii. Subrecipient shall cause all of the provisions of this Contract in entirety to be included in and made a part of any
subcontract executed in the performance of this Contract. iv. Subrecipient shall monitor all subcontracted services on a quarterly basis to assure Contract compliance. Results of said monitoring efforts shall be summarized in written form, and supported with documented evidence of follow-up
actions(s) to correct any area(s) of Contract noncompliance. Documentation shall be made available for periodic monitoring by representatives of County and/or HUD.
j. Fair Housing:
Subrecipient shall affirmatively further fair housing in accordance with 24 CFR 570. Under section 808(e)(5) of the Fair Housing Act, HUD has a statutory duty to affirmatively further fair housing. HUD requires the same of its funded sub-recipients. The Subrecipient has a duty to affirmatively further fair housing opportunities for classes protected under the Fair Housing Act, along with all applicable State & Federal requirements.
k. Grantor Recognition:
Subrecipient shall insure recognition of the role of the County in providing services through this Contract. All activities, facilities and items utilized pursuant to this Contract shall be prominently labeled as to funding source. In addition, Subrecipient will include a reference to the support provided herein in all publications made possible with funds made available under this Contract.
Subrecipient will retain documentation of such recognition, which shall be available for periodic monitoring by representatives of County or HUD.
l. Rehabilitation Act:
Subrecipient agrees to comply with any federal regulations issued pursuant to compliance with Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 706) which prohibits discrimination against the handicapped in any federally assisted program. County shall provide Subrecipient with any guidelines necessary for compliance with that portion of the regulations in force during the term of this Contract.
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County of Orange Page 47 of 49 City of Laguna Hills
OC Community Resources Contract # 012-24011200
49. Definitions:
For the purposes of this Contract the following definitions shall apply:
A. OC Community Resources (OCCR): Designated as the Lead for the development and implementation of County of Orange Urban County Program’s Consolidated Plan.
B. Director: Director of OC Community Resources, or designee.
C. Grantee Performance Report (GPR) Information Form: A Program activity data document provided by County to Subrecipient used to monitor, track and report the performance of Subrecipient.
D. OC Community Resources Contract Reimbursement Policy: A County document setting policies regarding types of documentation required to support the costs incurred and paid (including but not limited to copies of paid invoices, certified payroll registers, bank statements, etc.)
E. Project: Any site or sites, including buildings, and/or activities assisted with federal program funds.
F. OMB: Federal Office of Management and Budget.
G. CAPER: Consolidated Annual Performance and Evaluation Report. An annual published report to HUD and the public on all housing-related activities.
H. CDBG: 24 CFR Part 570 - Community Development Block Grant – the CDBG regulations set forth eligible activities and the national objectives that each activity must meet. The Catalog of Federal Domestic Assistance (CFDA) # 14.218 distributes formula grants (CDBG) to develop viable urban communities by providing decent housing, a suitable living environment, and expanding economic opportunities, principally for persons of low and moderate income.
I. Continuum of Care: An Orange County group composed of representatives of relevant organizations that serve homeless and formerly homeless persons that are organized to plan for and provide, as necessary, a system of services to address the various needs of homeless persons and persons at risk of homelessness.
J. Homeless Management Information System (HMIS): The information system designated by the Continuum of Care to comply with HUD’s data collection, management, and reporting standards and used to collect client-level data and DocuSign Envelope ID: B689B135-A9C2-4E76-A0A4-0FF8B11E3C79
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data on the provision of housing and services to homeless individuals and families and persons at risk of homelessness. (24 CFR Part 580) K. Equipment: Tangible, non-expendable, personal property having a useful life of more than one year and an acquisition cost of $5,000 or more per unit.
L. Substantial Amendment: The following criteria will be used by the County – if any one criteria applies, a substantial amendment will be required:
i. A new activity not previously listed and described in the Consolidated Plan/Annual Action Plan;
ii. When a proposal is made to amend the description of an existing activity in such a way that the newly described purpose, scope, or beneficiaries differ significantly from the original activity’s purpose, scope, or beneficiaries; and/or
iii. An increase in the amount of Federal Community Planning Development and/or local funds allocated to an existing activity when the following apply:
a. An increase in funding for a public service activity in an amount that is consistent with County policy; or
b. An increase in the funding for public facility
improvements/housing rehabilitation in an amount that is consistent with County policy.
M. Construction Bid Package: A package of bidding documents which includes the proposal, bidding instructions, Contract documents, detailed estimated costs, and plans and specifications for a construction project, all prepared in accordance with applicable Federal regulations.
N. Program Administration: An activity relating to the general management, oversight and coordination of community development programs. Costs directly related to carrying out eligible activities are not included.
THE REMAINDER OF THE PAGE WAS INTENTIONALLY LEFT BLANK
DocuSign Envelope ID: B689B135-A9C2-4E76-A0A4-0FF8B11E3C79
County of Orange Page 49 of 49 City of Laguna Hills
OC Community Resources Contract # 012-24011200
Signature Page
IN WITNESS WHEREOF, the Parties hereto certify that they have read and understand all the terms and conditions contained herein and have hereby cause this Contract to be executed. *City of Laguna Hills
By: By:
Name: Name:
Title: Title:
Dated: Dated:
*For Subrecipients that are corporations, signature requirements are as follows: 1) One signature by the Chairman of the Board, the President or any Vice President; and 2) One signature by the secretary, any Assistant secretary, the Chief Financial Officer or an Assistant Treasurer.
For Subrecipients that are not corporations, the person who has authority to bind the Subrecipient to a contract, must sign on one of the lines above. ************************************************************
COUNTY OF ORANGE
A Political Subdivision of the State of California
COUNTY AUTHORIZED SIGNATURE:
Print Name Title
Signature Dated
APPROVED AS TO FORM
DEPUTY County COUNSEL
By: Dated:
Deputy County Counsel
DocuSign Envelope ID: B689B135-A9C2-4E76-A0A4-0FF8B11E3C79 City Manager
4/8/2024
Jarad Hildenbrand
4/8/2024
Nina Campmas
6/5/2024
Procurement Contracts Manager
ATTACHMENT A
County of Orange Page 1 of 3 City of Laguna Hills
OC Community Resources Contract # 012-24011200
SCOPE OF SERVICES
PUBLIC FACILITIES & IMPROVEMENTS
1. Scope of Services
A. HUD Matrix Code / Activity:
03LSidewalks/570.208 (a) (2)
03A-Senior Centers/570.208 (a) (2)
B. Project Title:
City of Laguna Hills PF & I ADA Ramps, Senior Center Improvements C. Program Description:
This project includes two components: Improvements to the Florence Sylvester Senior Center and sidewalk improvements on Paseo de Valencia and on Alicia Parkway
D. Project Need:
The application of heat-reducing paint products to the exterior of the building and the interior of the dining room of the Florence Sylvester Senior Center.
Curb ramp intersection corner replacements at 15 intersections to meet ADA compliance standard
E. Low/Mod Clientele
F. Program Objectives and Outcomes Chart:
Activity Outputs
1. Construction Exterior & interior heat reducing
protective coating.
2. Construction ADA compliant curb ramps
DocuSign Envelope ID: B689B135-A9C2-4E76-A0A4-0FF8B11E3C79
ATTACHMENT A
County of Orange Page 2 of 3 City of Laguna Hills
OC Community Resources Contract # 012-24011200
Performance Objectives Performance Outcomes
1. Suitable Living Environment Availability/Accessibility CDBG National Objective: L/M Limited Clientele 570.208 (a) (2) Outcomes
72,195 People
DocuSign Envelope ID: B689B135-A9C2-4E76-A0A4-0FF8B11E3C79
ATTACHMENT A
County of Orange Page 3 of 3 City of Laguna Hills
OC Community Resources Contract # 012-24011200
1. Federal Award Identification
A. Subrecipient Name: City of Laguna Hills
B. Subrecipient’s Unique Identifier (UEI): VLC8GAPU9KF4 C. Federal Award Identification Number (FAIN): 14.218
D. Federal Award Date: TBA
E. Subaward Period of Performance: FY 2024-25
F. Total Amount of Federal Funds Obligated by the Action: $350,000 CFDA FAIN Award Date Formula Funds Amount
$
$
TOTAL: $
G. Total Amount of Federal Funds Obligated to the Subrecipient: $350,000 H. Total Amount of the Federal Award: $ 3,402,657
I. Federal Award Project Description: City of Laguna Hills PF&I ADA Ramps, Senior Center Improvements.
J. Federal Awarding Agency: HUD
K. Name of PTE: Orange County
L. Contact Information for the Awarding Official: Julia Bidwell -Director (714) 480-2991 [email protected]
M. CFDA Number and Name: 14.218
N. Whether Award is R&D: N/A
O. Indirect Cost Rate for the Federal Award: N/A
DocuSign Envelope ID: B689B135-A9C2-4E76-A0A4-0FF8B11E3C79
ATTACHMENT B
County of Orange Page 1 of 2 City of Laguna Hills.
OC Community Resources Contract # 012-24011200
PAYMENT/COMPENSATION
PUBLIC FACILITIES & IMPROVEMENTS
1. COMPENSATION:
This is a Contract between the County and the Subrecipient for $350,000 as set forth in Attachment A. Scope of Services attached hereto and incorporated herein by reference.
The Subrecipient agrees to accept the specified compensation as set forth in this Contract as full remuneration for performing all services and furnishing all staffing and materials required, for any reasonably unforeseen difficulties which may arise or be encountered in the execution of the services until acceptance, for risks connected with the services, and for performance by the Subrecipient of all its duties and obligations hereunder. The County shall have no obligation to pay any sum in excess of the total Contract amount specified unless authorized by an amendment in accordance with paragraphs C and P of the County’s General Terms and Conditions.
2. FIRM DISCOUNT AND PRICING STRUCTURE:
Subrecipient guarantees that prices quoted are equal to or less than prices quoted to any other local, state or federal government entity for services of equal or lesser scope.
Subrecipient agrees that no price increases shall be passed along to the County during the term of this Contract not otherwise specified and provided for within this Contract.
3. PAYMENT TERMS:
An invoice for services/activities shall be submitted to the address specified below upon the completion of the services/activities and approval of the County Project Manager.
Subrecipient shall reference Contract number on invoice. Payment will be net 30 days after receipt of an invoice, contingent upon availability of funds, in a format acceptable to the County of Orange, verified and approved by OC Community Resources and subject to routine processing requirements of the County. The responsibility for providing an acceptable invoice rest with the Subrecipient.
Billing shall cover services not previously invoiced. The Subrecipient shall reimburse the County of Orange for any monies paid to the Subrecipient for services not provided or when services do not meet the Contract requirements.
DocuSign Envelope ID: B689B135-A9C2-4E76-A0A4-0FF8B11E3C79
ATTACHMENT B
County of Orange Page 2 of 2 City of Laguna Hills.
OC Community Resources Contract # 012-24011200
Payments made by the County shall not preclude the right of the County from thereafter disputing any items or services involved or billed under this Contract and shall not be construed as acceptance of any part of the services.
Invoice(s) are to be sent and emailed to:
OC Community Resources Accounting
601 N Ross St, 6th Floor, Santa Ana, CA 92701
[email protected]
INVOICING INSTRUCTIONS:
Further instructions regarding invoicing/reimbursement as set forth in Exhibit 1-OC Community Resources Contract Reimbursement Policy, are attached hereto and incorporated herein by reference.
The Subrecipient will provide an invoice on Subrecipient’s letterhead for services rendered. Each invoice will have a number and will include the following information:
The Demand Letter/Invoice must include Delivery Order (DO) Number, Contract Number, Service date(s) – Month of Service along with other required documentation (See Exhibit 1).
4. OC COMMUNITY RESOURCES CONTRACT REIMBURSEMENT POLICY:
Further instructions regarding invoicing/reimbursements as set forth in Exhibit 1 – OC Community Resources Contract Reimbursement Policy, are attached hereto and incorporated herein by reference.
DocuSign Envelope ID: B689B135-A9C2-4E76-A0A4-0FF8B11E3C79
ATTACHMENT C
County of Orange Page 1 of 1 City of Laguna Hills
OC Community Resources Contract # 012-24011200
BUDGET SCHEDULE
PUBLIC FACILITIES & IMPROVEMENTS
1. Subrecipient’s Budget Schedule
A. Administration and Program Cost
Project Budget Chart
City of Laguna Hills – City of Laguna Hills PF & I ADA Ramps, Senior Center Improvements
Project Costs/Activity
Urban County
Funds
Leveraged
Resources Total
Design/Project Development N/A N/A N/A
Acquisition N/A N/A N/A
Construction $350,000 $87,500 $350,000
Program Administration 0 0 0
Total Project Cost $350,000 $87,500 $437,500
B. Detailed Project Budget Description
This project includes two components: Improvements to the Florence Sylvester Senior Center and Sidewalk Improvements on Paseo de Valencia and on Alicia Parkway. The Subrecipient will act as the recipient of the grant funding and will enter into a contract with Florence Sylvester Senior Center to “pass through” their portion of the CDBG funds.
DocuSign Envelope ID: B689B135-A9C2-4E76-A0A4-0FF8B11E3C79
ATTACHMENT D
County of Orange Page 1 of 1 City of Laguna Hills
OC Community Resources Contract # 012-24011200
STAFFING PLAN
PUBLIC FACILITIES & IMPROVEMENTS
1. Staffing Plan
Project Title: City of Laguna Hills ADA Ramps & Senior Center Improvements Classification/Title
1 Public Works Director (City Engineer)
2 City Manager
The substitution or addition of other key individuals in any given category or classification shall be allowed only with prior written pre-approval of the County Project Manager.
The Subrecipient may reserve the right to involve other personnel, as their services are required.
The specific individuals will be assigned based on the need and time of the service/class required. Assignment of additional key personnel shall be subject to County approval. Subrecipient shall provide the name of the staff to the County within a time mutually agreed upon by the Parties but no event later than 30 days after the execution of the Contract.
DocuSign Envelope ID: B689B135-A9C2-4E76-A0A4-0FF8B11E3C79
ATTACHMENT E
County of Orange Page 1 of 1 City of Laguna Hills
OC Community Resources Contract # 012-24011200
PERFORMANCE STANDARDS
PUBLIC FACILITIES & IMPROVEMENTS
1. Performance Standards
July 1, 2024 – Contract Start Date
2. Tools to Measure Project’s Effect – City of Laguna Hills PF&I ADA Ramps, Senior Center Improvements
Milestone Date
Minimum Required
Expenditure/
Accomplishment Threshold Activity Results Achieved
February 15, 2025 50% of Contracted Amount
Expended $175,000
February 15, 2025 50% of Proposed
Accomplishments Achieved
Construction and/or
installation
March 15, 2025 70% of Contracted Amount
Expended $245,000
March 15, 2025 70% of Proposed
Accomplishments Achieved
Construction and/or
installation
April 15, 2025 80% of Contracted Amount
Expended $280,000
April 15, 2025 80% of Proposed
Accomplishments Achieved
Construction and/or
installation
June 30, 2025 100% of Contracted Amount
Expended $350,000
June 30, 2025 100% of Proposed
Accomplishments Achieved
Construction and/or
installation
This project includes two components: Improvements to the Florence Sylvester Senior Center and Sidewalk Improvements on Paseo de Valencia and on Alicia Parkway. The City of Laguna Hills will act as the recipient of the grant funding and will enter into a contract with Florence Sylvester Senior Center to “pass through” their portion of the CDBG funds.
DocuSign Envelope ID: B689B135-A9C2-4E76-A0A4-0FF8B11E3C79
EXHIBIT 1
Subject: OC Community Resources
Contract Reimbursement Policy
Effective: July 1, 2010
Revised: January 17, 2020
PURPOSE:
This policy contains updated fiscal documentation requirements for contract reimbursement for OC Community Services and OC Housing & Community Development. The procedures provide instructions for submitting reimbursement demand letter or invoice.
REFERENCES:
Executed County Board of Supervisors approved contract
Budget included in contract or presented as an attachment 48 CFR Part 31 Contract Cost Principles and Procedures
24 CFR Parts 85, 570.502, 570.201, 576.21, 576.51 and 576.61: For OC Housing & Community Development Contracts only.
2 CFR Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance)
BACKGROUND:
The executed Board of Supervisors approved contract is the authorization for all aspects of payment, including the maximum amount to be paid, the payee, and the scope of services and work. Payments are made in strict accordance with the contract terms. Allowable costs are identified in referenced Uniform Guidance and Code of Federal Regulations (CFR).
ATTACHMENTS:
Reimbursement Policy Status Form (RPS-1)
POLICY:
Contractor is responsible for the submission of accurate claims. This reimbursement policy is intended to ensure that the Contractor is reimbursed based on the code or codes that correctly describe the services provided. This information is intended to serve only as a general reference resource regarding OC Community Services’ and OC Housing & Community Development’s reimbursement policy for the services described and is not intended to address every aspect of a reimbursement situation. Accordingly, OC Community Services and OC Housing & Community Development may use reasonable discretion in interpreting and applying this policy to services provided in a particular case. Other factors affecting reimbursement may supplement, modify or, in some cases, supersede this policy. These factors may include, but are not limited to: legislative mandates and County directives. OC Community Services and OC Housing & Community Development may modify this reimbursement policy at any time by publishing a new version of the policy. However, the information presented in this policy is accurate and current as of the date of publication.
Cost incurred by Contractor must be substantiated and incurred during the contract period.
Total of all reimbursements cannot exceed the amount of the contract. Cost must be allowable under applicable Code of Federal Regulations (CFR) or Uniform Guidance. All supporting documentation for reimbursement must be submitted with demand letter or invoice. If contract DocuSign Envelope ID: B689B135-A9C2-4E76-A0A4-0FF8B11E3C79
requires matching contribution, documentation substantiating contribution match must be submitted with demand letter or invoice.
At any time, based on County’s business needs and/or Contractor’s performance, the County may designate Contractor to submit abbreviated or comprehensive documentation, as identified in the respective sections. Upon designation, Contractor will be notified, in writing via Reimbursement Policy Status Form, of which requirements are in full force. When Contractor is required to submit comprehensive documentation, in addition to the items identified in the Abbreviated Documentation Requirements Section, Contractor must also provide the documentation identified in the Comprehensive Documentation Requirements Section.
PROCEDURES:
Abbreviated Documentation Requirements
Compile and submit:
1. Supporting documentation includes, but is not limited to:
a. General ledger/expense transaction report
b. Payroll register or labor distribution report
c. Payroll allocation plan
d. Personnel Documentation
e. Benefit plan and calculation of benefit
f. Employer-employee contract for non-customary benefits (if applicable) g. Pre-approval documentation for equipment purchases equal to or greater than $5,000
2. The following is required with the first month’s invoice only:
a. Cost allocation plan for rent, utilities, etc.
b. Indirect rate approved by cognizant agency (if applicable)
3. Summary of leveraged resources (if applicable)
4. Demand letters must contain the following certification (if required byContract):
“By signing this report, I certify to the best of my knowledge and belief that the report is true, complete, and accurate, and the expenditures, disbursements and cash receipts are for the purposes and objectives set forth in the terms and conditions of the Federal award. I am aware that any false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil or administrative penalties for fraud, false statements, false claims or otherwise. (U.S. Code Title 18, Section 1001 and Title 31 Sections 3729-3730 and3801-3812)”
5. Grantee Performance Report (if required by Contract)
6. Supporting documentation shall be on single-sided sheets
7. Please redact employees’ Social Security Number from payroll reports
8. Demand letter or invoice, along with supporting documentation shall be submitted to:
OC Community Resources Accounting
601 N. Ross St., 6th Floor
Santa Ana, CA 92701
Comprehensive Documentation Requirements
In addition to abbreviated documentation, compile and submit:
9. Purchase orders, invoices, and receipts
10. Cashed checks
11. Check register
12. Consultant/sub-contractor invoices (with description of services)
13. Travel expense documentation: mileage reimbursement, hotel bill, meal reimbursement ACTION:
Distribute this policy to all appropriate staff
INQUIRIES: Inquiries may be directed to OCCR Accounts Payable at:
[email protected]
DocuSign Envelope ID: B689B135-A9C2-4E76-A0A4-0FF8B11E3C79
Reimbursement Policy Status Form
Per OC Community Resources Contract Reimbursement Policy, in regards to the Contract # listed herein, Contractor is designated with the Documentation Status of Abbreviated unless Comprehensive is checked below. If the contractor’s designation should change to Abbreviated, a new status form shall be approved. All related documentation requirements are in full force, until further notice.
Contractor: City of Laguna Hills
Effective Date: July 1, 2024
Contract #: 012-24011200
Documentation Status: ☒ Abbreviated ☐ Comprehensive
************************************************************************************************************* Program Authorization by: Auditor Controller Authorization by:
Print Name: Nina Campmas
Signed by:
Date:
Two signatures are required to implement the form.
Distribution:
Contractor
Auditor Controller
Contract File
Program File
Reimbursement Policy Status (RPS-1)
Print Name: Eliseo Gillamac
Signed by:
Date:
DocuSign Envelope ID: B689B135-A9C2-4E76-A0A4-0FF8B11E3C79 6/5/2024
Eric Takanishi
6/6/2024
Certification for
a Drug-Free Workplace
City of Laguna Hills Contract # 012-24011200
U.S. Department of Housing
and Urban Development
EXHIBIT 2
Applicant Name
CDBG – Public Facilities and Improvements, Housing Rehabilitation, Public Services Program/Activity Receiving Federal Grant Funding
Acting on behalf of the above named Applicant as its Authorized Official, I make the following certifications and agreements to the Department of Housing and Urban Development (HUD) regarding the sites listed below:
I certify that the above named Applicant will or will continue to provide a drug-free workplace by:
a. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the Applicant's workplace and specifying the actions that will be taken against employees for violation of such prohibition.
b. Establishing an on-going drug-free awareness program to inform employees ---
(I) The dangers of drug abuse in the workplace;
(2) The Applicant's policy of maintaining a drug-free
workplace;
(3) Any available drug counseling, rehabilitation, and
employee assistance programs; and
(4) The penalties that may be imposed upon employees
for drug abuse violations occurring in the workplace.
c. Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph a.;
d. Notifying the employee in the statement required by paragraph a. that, as a condition of employment under the grant, the employee will ---
(I) Abide by the terms of the statement; and
(2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; e. . Notifying the agency in writing, within ten calendar days after receiving notice under subparagraph d.(2) from an em- ployee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, includ- ing position title, to every grant officer or other designee on whose grant activity the convicted
employee was working, unless the Federal agency has
designated a central point for the receipt of such notices.
Notice shall include the identification number(s) of each affected grant;
f. Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph d.(2), with respect to any employee who is so convicted ---
(I) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency;
g. Making a good faith effort to continue to maintain a drugfree workplace through implementation of paragraphs a. thru f.
2. Sites for Work Performance. The Applicant shall list (on separate pages) the site(s) for the performance of work done in connection with the HUD funding of the program/activity shown above: Place of Performance shall include the street address, city, county, State, and zip code.
Identify each sheet with the Applicant name and address and the program/activity receiving grant funding.) Check here0if there are workplaces on file that are not identified on the attached sheets.
I hereby certify that all the information stated herein, as well as any information provided in the accompaniment herewith, is true and accurate.
Warning: HUD will prosecute false claims and statements. Conviction may result in criminal and/or civil penalties. (18 U .S.C. 1001, 1010, 1012; 31 U.S.C. 3729, 3802)
Name of Authorized Official Title
Signature Date
X
formHUD-50070(3/98)
ref. Handbooks 7417.1 , 7475.13, 7485.1 & .3
DocuSign Envelope ID: B689B135-A9C2-4E76-A0A4-0FF8B11E3C79 City Manager
4/8/2024
Jarad Hildenbrand
County of Orange
OC Community Resources
Contract No.012-24011200
Exhibit 3
CERTIFICATION REGARDING
DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION
LOWER TIER COVERED TRANSACTIONS
This certification is required by the regulations implementing Executive Order 12549, Debarment and suspension, 29 CFR Part 98.510, Participants’ responsibilities. The regulations were published as Part VII of the May 26, 1988 Federal Register (pages 19160-19211) (BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS FOR CERTIFICATION) (1) The contractor or grant recipient of Federal assistance funds certifies, by submission of this exhibit document, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department oragency.
(2) Where the contractor or grant recipient of Federal assistance funds is unable to certify to any of the statements in this certification, the contractor or grant recipient shall attach an explanation to this exhibit document.
Name
Title
Authorized Signature Date
DocuSign Envelope ID: B689B135-A9C2-4E76-A0A4-0FF8B11E3C79 Jarad Hildenbrand
City Manager
4/8/2024
County of Orange
OC Community Resources
Contract No.012-24011200
Exhibit 3
DEBARMENT AND SUSPENSION CERTIFICATION - Instructions for Certification
1. By signing and submitting this exhibit document, the contractor or grant recipient of Federal assistance funds is providing the certification as set out below.
2. The certification in the clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the contractor or grant recipient of Federal assistance funds knowingly rendered an erroneous certification in addition to other remedies available to the Federal Government, the Department of Labor (DOL) may pursue available remedies, including suspension and/or debarment.
3. The contractor recipient of Federal assistance funds shall provide immediate written notice to the County of Orange/Workforce Investment Board to which this certification document is submitted if at any time the contractor or grant recipient of Federal assistance funds learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.
4. The contractor or grant recipient of Federal assistance funds agrees by submitting this certification document that, should the covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the DOL.
5. The contractor or grant recipient of Federal assistance funds further agrees by submitting this certification document that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.
6. The contractor or grant recipient in a covered transaction may rely upon a certification of a contractor or grant recipient in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. The contractor or grant recipient may decide the method and frequency by which it determines the eligibility of its principals.
7. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of the contractor or grant recipient is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
8. Except for transactions authorized under paragraph 5 of these instructions, if the contractor or grant recipient in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the DOL may pursue available remedies, including suspension and/or debarment.
DocuSign Envelope ID: B689B135-A9C2-4E76-A0A4-0FF8B11E3C79
County of Orange
OC Community Resources
Contract No.012-24011200
EXHIBIT 4
INSTRUCTIONS FOR COMPLETION OF
SF-LLL DISCLOSURE OF LOBBYING ACTIVITIES
This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient at the initiation or receipt of a covered Federal action, or a material change to a previous filing, pursuant to title 31 U.S.C. section 1352. The filing of a form is required for each payment or agreement to make payment to any lobbying entity 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 a covered Federal action.
Use the SF LLL-A Continuation sheet for additional information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information.
1. Identify the type of covered Federal action for which lobbying is and has been secured to influence the outcome of a covered action.
2. Identify the status of the covered Federal action.
3. Identify the appropriate classification of this report. If this is a follow up report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last previously submitted report by this reporting entity for this covered Federal action.
4. Enter the full name, address, city, state and zip code of the reporting entity. Include congressional district. if known. Check the appropriate classification of the reporting entity that designates if it is, or expects to be a prime or subaward recipient.
Identify the tier of the subawardee, e. g. the first subawardee of the prime is the 1st tier. Subawards include but are not limited to subcontracts. subgrants and contract awards under grants.
5. If the organization filing the report, in item 4 checks "Subawardee", then enter the full name, address, city, state, and zip code of the prime Federal recipient. Include congressional district, if known.
6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organizational level below agency name, if known. For example, Department of Transportation, United States Coast Guard.
7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans and loan commitments.
8. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e. g. Request for Proposal (RFP) number; Invitation for Bid (IFB) number; grant announcement number the contract, grant. or loan award number; the application proposal control number assigned by the Federal agency). Include prefixes, e.g., "RFP DE 90 09."
9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan commitment for the primary entity identified in item 4 or 5.
10. (a) Enter the full name, address, city, state and zip code of the lobbying entity engaged by the reporting entity identified in item 4 to influence the covered Federal action.
(b) Enter the full names of the individual(s) performing services, and include full address if different from 10 (a). Enter Last Name, First Name, and Middle Initial (MI).
11. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (item 4) to the lobbying entity (item 10). Indicate whether the payment has been made (actual) or will be made (planned). Check all boxes that apply. If this is a material change report enter he cumulative amount of payment made or planned to be made.
12. Check the appropriate box(es). Check all boxes that apply. If payment is made through an in kind contribution, specify the nature and value of the in kind payment.
13. Check the appropriate box(es). Check all boxes that apply. If other, specify nature.
14. Provide a specific and detailed description of the services that the lobbyist has performed, or will be expected to perform, and the date(s) of any services rendered. Include all preparatory and related activity, not just time spent in actual contact with Federal officials. Identify the Federal official(s) or employee(s) contacted and the officer(s), employee(s), or Member(s) of Congress that were contacted.
15. Check whether or not a SF LLL A Continuation Sheet(s) is attached.
16. The certifying official shall sign and date the form, print his/her name, title, and telephone number.
Public reporting burden for this collection of information is estimated to average 30 minutes per response, including time for reviewing instructions. searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget. Paperwork Reduction Project (0348 0046) Washington D.C., 20503.
DocuSign Envelope ID: B689B135-A9C2-4E76-A0A4-0FF8B11E3C79
County of Orange
OC Community Resources
Contract No.012-24011200
EXHIBIT 4
DISCLOSURE OF LOBBYING ACTIVITIES
Complete this form to disclose activities pursuant to 31 U.S.C 1352
1. Type of Federal Actions:
a. contract
b. grant
c. cooperative agreement
d. loan
e. loan guarantee
f. loan insurance
2. Status of Federal Actions:
a. bid/offer/application
b. initial award
c. post-award
3. Report Type:
a. initial filing
b. material change
For material change only:
Year: Quarter:
Date of last report:
4. Name and Address of Reporting Entity 5. If Reporting Entity in No. 4 is a Subawardee:
Enter Name and Address of Prime:
Congressional District, if known:
Prime Subawardee
Tier if known
Congressional District, if known:
6. Federal Department / Agency: 7. Federal Program Name/Description
8. Federal Action Number, if known: 9. Award Amount, if known:
$
10a. Name and Address of Lobbying Entity
(if individual, last name, first name, MI):
(attach Continuation Sheets SF-LLL-A, if necessary)
10b. Individual Performing Services
(including address if different from No. 10a)
(last name, first name, MI):
11. Amount of Payment (check all that apply):
$ Actual
Planned
13. Type of Payment (check all that apply)
a. retainer
b. one-time free
c. commission
d. contingent fee
e. deferred
f. other specify:
12. Form of Payment (check all that apply):
a. cash
b. in-kind: specify:
nature:
value:
14. Enter Description of Services performed or to be Performed and date(s) of Service, including officer(s), employee(s), or Member(s) contacted, for Payment indicated on item 11:
15. Continuation sheet(s) SF-LLL-A attached: Yes No
16. Information requested through this form authorized by Title 31 U.S.C. Section 1352. This disclosure of lobbying activities is a material representation of fact upon which reliance was placed by the tier above when this transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C. 1352. This information will be reported to the Congress semiannually and will be available for public inspection. An person who fails to file the required disclosure shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
Signature:
Print Name:
Title:
Telephone No:
Date:
DocuSign Envelope ID: B689B135-A9C2-4E76-A0A4-0FF8B11E3C79 City Manager
4/8/2024
Jarad Hildenbrand
County of Orange
OC Community Resources
Contract No.012-24011200
Reporting Entity:
Page of
BILLING CODES 3410-01 -C; 6450-01-C; 6890-01 ;6025-01-C; 7510-01-C , 35 1 0-FE-C; 8120-01 -C; 4710-24-C, 6116-01 -C, EXHIBIT 4
DISCLOSURE OF LOBBYING ACTIVITIES
CONTINUATION SHEET
Approved by OMS - 0348-0046
DocuSign Envelope ID: B689B135-A9C2-4E76-A0A4-0FF8B11E3C79
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:
EXHIBIT 5
(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 an 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 Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, 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 subcontracts, 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/Contractor Organization
Name
Title
Authorized Signature
*Note: In these instances, "All," in the Final Rule is expected to be clarified to show that it applies to covered contract/grant transactions over $100,000 (per OMB).
City of Laguna Hills
Contract No.012-24011200
DocuSign Envelope ID: B689B135-A9C2-4E76-A0A4-0FF8B11E3C79 Jarad Hildenbrand
City of Laguna Hills
City Manager
17 Exhibit B
Scope of Work and Requirements Thereto
COMMUNITY DEVELOPMENT BLOCK GRANT
PROGRAM YEAR 2024/2025
SCOPE OF WORK
Description of Activities
The construction project will focus on the rehabilitation of the Florence Sylvester Memorial Senior Center (Center). Eligible costs for reimbursement include the application of heat-reducing paint products to the exterior of the building and the interior of the dining room of the Florence Sylvester Senior Center.
The project shall be performed in conformance with this Scope of Work, the Agreement Between the City of Laguna Hills and Age Well Senior Services, Inc., for Community Development Block Grant (CDBG) Public Facilities and Improvement Funds (Program Year 2024/2025) (hereinafter, "Agreement"), Contract No. 012-24011200 (entitled "Contract for Public Facilities and Improvements City of Laguna Hills PF&I ADA Ramps, and Senior Center Improvements"), and required County approvals therein. The Sub-recipient shall provide the oversight, administration and project management necessary to accomplish contracted activities in accordance with this Agreement, the County approved scope of Work, completion milestones (provided by County), State and Federal laws, applicable regulations, and authorities having jurisdiction.
Prior to the start of work:
(1) The construction project contemplated is a "public work", under California Labor Code Section 1720, and the Sub-recipient is required to adhere to prevailing wages requirements in accordance with State law. In addition, the Federal Labor Standards including Davis-Bacon prevailing wages shall apply. A current and appropriate Davis-Bacon wage decision approved by the County shall be included in the Construction Bid Package, along with HUD-4010 form, "Federal Labor Standards Provisions".
(2) Prior to advertising for bids, the construction bid package for the rehabilitation work shall be submitted to the City for review and written approval by the County. A County representative shall be invited to a preconstruction conference to review Federal Labor Standards compliance procedures with the Sub-recipient and construction subcontractors.
(3) No costs shall be incurred prior to receipt of written certification of approval by County of the fulfillment of the requirements of Section XXI (Insurance) of the Agreement.
Project Budget
PROJECT COMPONENT CDBG FUNDS
Application of heat-reducing paint products to the exterior of the building and the interior of the dining room of the Florence Sylvester Senior Center
$75,000
Milestones
MILESTONE DATE MINIMUM REQUIRED EXPENDITURE THRESHOLD
February 15, 2025 50% of Contracted Amount Expended
February 15, 2025 50% of Proposed Accomplishments Achieved March 15, 2025 70% of Contracted Amount Expended
March 15, 2025 70% of Proposed Accomplishments Achieved April 15, 2025 80% of Contracted Amount Expended
April 15, 2025 80% of Proposed Accomplishments Achieved June 30, 2025 100% of Contracted Amount Expended
June 30, 2025 100% of Proposed Accomplishments Achieved Failure to achieve at least the 50% drawdown milestone, without a written exemption from the City, may cause any remaining balance in this Agreement to be reclaimed by the City, and will negatively affect future funding to Sub-recipient. Failure to achieve the 80% drawdown goal, without written exemption approved by the City, may cause any remaining balance in this Agreement to be reclaimed by the City.
Sub-recipient shall be required to complete and submit a Year-End Grantee Performance Report Form by July 15, 2025.
Payment of Project Activities
On a quarterly basis and within fifteen (15) days of the end of a quarter, the Subrecipient may invoice City for reimbursement of eligible costs. Concurrently with its request for the aforementioned funds, Sub-recipient shall submit to the City the following supporting documentation: Copies of paid invoices, receipts, certified payroll records, bank statements, canceled checks, attendance records, and other items adequate to document project expenditures. Sub-recipient shall also provide a Quarterly Performance Report, on a Grantee Performance Report Form, which addresses its level of performance for each activity undertaken relative to this Scope of Work. The City will not authorize reimbursement if any preceding quarter's reports or invoices are incomplete, or have not been submitted.
In addition, if no request for reimbursement is submitted during any quarter during the term of the Agreement, a Grantee Performance Report Form shall be required from the Subrecipient explain why no invoices were processed.
18 Exhibit C
Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards as described in 2 CFR Part 200, et al,
and
24 CFR 85, Administrative Requirements for Grants and Cooperative Agreements to State, Local, and Federally Recognized Indian Tribal Governments
Title 2 —Grants and Agreements
Subtitle A —Office of Management and Budget Guidance for Grants and Agreements Chapter II —Office of Management and Budget Guidance
Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards
Subpart A Acronyms and Definitions
Acronyms
§ 200.0 Acronyms.
§ 200.1 Definitions.
Subpart B General Provisions
§ 200.100 Purpose.
§ 200.101 Applicability.
§ 200.102 Exceptions.
§ 200.103 Authorities.
§ 200.104 Supersession.
§ 200.105 Effect on other issuances.
§ 200.106 Agency implementation.
§ 200.107 OMB responsibilities.
§ 200.108 Inquiries.
§ 200.109 Review date.
§ 200.110 Effective/applicability date.
§ 200.111 English language.
§ 200.112 Conflict of interest.
§ 200.113 Mandatory disclosures.
Subpart C Pre-Federal Award Requirements and Contents of Federal Awards § 200.200 Purpose.
§ 200.201 Use of grant agreements (including fixed amount awards), cooperative agreements, and contracts.
§ 200.202 Program planning and design.
§ 200.203 Requirement to provide public notice of Federal financial assistance programs. § 200.204 Notices of funding opportunities.
§ 200.205 Federal awarding agency review of merit of proposals. § 200.206 Federal awarding agency review of risk posed by applicants. § 200.207 Standard application requirements.
§ 200.208 Specific conditions.
§ 200.209 Certifications and representations.
This content is from the eCFR and is authoritative but unofficial. 2 CFR Part 200 (up to date as of 6/14/2024)
Uniform Administrative Requirements, Cost Principles, and Audit... 2 CFR Part 200 (June 14, 2024) 2 CFR Part 200 (June 14, 2024) (enhanced display) page 1 of 212
§ 200.210 Pre-award costs.
§ 200.211 Information contained in a Federal award.
§ 200.212 Public access to Federal award information.
§ 200.213 Reporting a determination that a non-Federal entity is not qualified for a Federal award.
§ 200.214 Suspension and debarment.
§ 200.215 Never contract with the enemy.
§ 200.216 Prohibition on certain telecommunications and video surveillance services or equipment.
Subpart D Post Federal Award Requirements
§ 200.300 Statutory and national policy requirements.
§ 200.301 Performance measurement.
§ 200.302 Financial management.
§ 200.303 Internal controls.
§ 200.304 Bonds.
§ 200.305 Federal payment.
§ 200.306 Cost sharing or matching.
§ 200.307 Program income.
§ 200.308 Revision of budget and program plans.
§ 200.309 Modifications to Period of Performance.
Property Standards
§ 200.310 Insurance coverage.
§ 200.311 Real property.
§ 200.312 Federally-owned and exempt property.
§ 200.313 Equipment.
§ 200.314 Supplies.
§ 200.315 Intangible property.
§ 200.316 Property trust relationship.
Procurement Standards
§ 200.317 Procurements by states.
§ 200.318 General procurement standards.
§ 200.319 Competition.
§ 200.320 Methods of procurement to be followed.
§ 200.321 Contracting with small and minority businesses, women's business enterprises, and labor surplus area firms.
§ 200.322 Domestic preferences for procurements.
§ 200.323 Procurement of recovered materials.
§ 200.324 Contract cost and price.
§ 200.325 Federal awarding agency or pass-through entity review. 2 CFR Part 200 (up to date as of 6/14/2024)
Uniform Administrative Requirements, Cost Principles, and Audit... 2 CFR Part 200 (June 14, 2024) 2 CFR Part 200 (June 14, 2024) (enhanced display) page 2 of 212
§ 200.326 Bonding requirements.
§ 200.327 Contract provisions.
Performance and Financial Monitoring and Reporting
§ 200.328 Financial reporting.
§ 200.329 Monitoring and reporting program performance. § 200.330 Reporting on real property.
Subrecipient Monitoring and Management
§ 200.331 Subrecipient and contractor determinations.
§ 200.332 Requirements for pass-through entities.
§ 200.333 Fixed amount subawards.
Record Retention and Access
§ 200.334 Retention requirements for records.
§ 200.335 Requests for transfer of records.
§ 200.336 Methods for collection, transmission, and storage of information. § 200.337 Access to records.
§ 200.338 Restrictions on public access to records.
Remedies for Noncompliance
§ 200.339 Remedies for noncompliance.
§ 200.340 Termination.
§ 200.341 Notification of termination requirement.
§ 200.342 Opportunities to object, hearings, and appeals. § 200.343 Effects of suspension and termination.
Closeout
§ 200.344 Closeout.
Post-Closeout Adjustments and Continuing Responsibilities § 200.345 Post-closeout adjustments and continuing responsibilities.
Collection of Amounts Due
§ 200.346 Collection of amounts due.
Subpart E Cost Principles
General Provisions
§ 200.400 Policy guide.
§ 200.401 Application.
Basic Considerations
§ 200.402 Composition of costs.
§ 200.403 Factors affecting allowability of costs.
§ 200.404 Reasonable costs.
§ 200.405 Allocable costs.
§ 200.406 Applicable credits.
§ 200.407 Prior written approval (prior approval).
2 CFR Part 200 (up to date as of 6/14/2024)
Uniform Administrative Requirements, Cost Principles, and Audit... 2 CFR Part 200 (June 14, 2024) 2 CFR Part 200 (June 14, 2024) (enhanced display) page 3 of 212
§ 200.408 Limitation on allowance of costs.
§ 200.409 Special considerations.
§ 200.410 Collection of unallowable costs.
§ 200.411 Adjustment of previously negotiated indirect (F&A) cost rates containing unallowable costs.
Direct and Indirect (F&A) Costs
§ 200.412 Classification of costs.
§ 200.413 Direct costs.
§ 200.414 Indirect (F&A) costs.
§ 200.415 Required certifications.
Special Considerations for States, Local Governments and Indian Tribes
§ 200.416 Cost allocation plans and indirect cost proposals. § 200.417 Interagency service.
Special Considerations for Institutions of Higher Education § 200.418 Costs incurred by states and local governments. § 200.419 Cost accounting standards and disclosure statement.
General Provisions for Selected Items of Cost
§ 200.420 Considerations for selected items of cost.
§ 200.421 Advertising and public relations.
§ 200.422 Advisory councils.
§ 200.423 Alcoholic beverages.
§ 200.424 Alumni/ae activities.
§ 200.425 Audit services.
§ 200.426 Bad debts.
§ 200.427 Bonding costs.
§ 200.428 Collections of improper payments.
§ 200.429 Commencement and convocation costs.
§ 200.430 Compensation—personal services.
§ 200.431 Compensation—fringe benefits.
§ 200.432 Conferences.
§ 200.433 Contingency provisions.
§ 200.434 Contributions and donations.
§ 200.435 Defense and prosecution of criminal and civil proceedings, claims, appeals and patent infringements.
§ 200.436 Depreciation.
§ 200.437 Employee health and welfare costs.
§ 200.438 Entertainment costs.
§ 200.439 Equipment and other capital expenditures.
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§ 200.440 Exchange rates.
§ 200.441 Fines, penalties, damages and other settlements. § 200.442 Fund raising and investment management costs. § 200.443 Gains and losses on disposition of depreciable assets. § 200.444 General costs of government.
§ 200.445 Goods or services for personal use.
§ 200.446 Idle facilities and idle capacity.
§ 200.447 Insurance and indemnification.
§ 200.448 Intellectual property.
§ 200.449 Interest.
§ 200.450 Lobbying.
§ 200.451 Losses on other awards or contracts.
§ 200.452 Maintenance and repair costs.
§ 200.453 Materials and supplies costs, including costs of computing devices. § 200.454 Memberships, subscriptions, and professional activity costs. § 200.455 Organization costs.
§ 200.456 Participant support costs.
§ 200.457 Plant and security costs.
§ 200.458 Pre-award costs.
§ 200.459 Professional service costs.
§ 200.460 Proposal costs.
§ 200.461 Publication and printing costs.
§ 200.462 Rearrangement and reconversion costs.
§ 200.463 Recruiting costs.
§ 200.464 Relocation costs of employees.
§ 200.465 Rental costs of real property and equipment.
§ 200.466 Scholarships and student aid costs.
§ 200.467 Selling and marketing costs.
§ 200.468 Specialized service facilities.
§ 200.469 Student activity costs.
§ 200.470 Taxes (including Value Added Tax).
§ 200.471 Telecommunication costs and video surveillance costs. § 200.472 Termination costs.
§ 200.473 Training and education costs.
§ 200.474 Transportation costs.
§ 200.475 Travel costs.
§ 200.476 Trustees.
Subpart F Audit Requirements
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Appendix I to Part 200
Full Text of Notice of Funding Opportunity
Appendix II to Part 200
Contract Provisions for Non-Federal Entity Contracts Under Federal Awards
Appendix III to Part 200
Indirect (F&A) Costs Identification and Assignment, and Rate Determination for Institutions of Higher Education (IHEs) Appendix IV to Part 200
Indirect (F&A) Costs Identification and Assignment, and Rate General
§ 200.500 Purpose.
Audits
§ 200.501 Audit requirements.
§ 200.502 Basis for determining Federal awards expended. § 200.503 Relation to other audit requirements.
§ 200.504 Frequency of audits.
§ 200.505 Sanctions.
§ 200.506 Audit costs.
§ 200.507 Program-specific audits.
Auditees
§ 200.508 Auditee responsibilities.
§ 200.509 Auditor selection.
§ 200.510 Financial statements.
§ 200.511 Audit findings follow-up.
§ 200.512 Report submission.
Federal Agencies
§ 200.513 Responsibilities.
Auditors
§ 200.514 Scope of audit.
§ 200.515 Audit reporting.
§ 200.516 Audit findings.
§ 200.517 Audit documentation.
§ 200.518 Major program determination.
§ 200.519 Criteria for Federal program risk.
§ 200.520 Criteria for a low-risk auditee.
Management Decisions
§ 200.521 Management decision.
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Determination for Nonprofit Organizations
Appendix V to Part 200
State/Local Governmentwide Central Service Cost Allocation Plans
Appendix VI to Part 200
Public Assistance Cost Allocation Plans
Appendix VII to Part 200
States and Local Government and Indian Tribe Indirect Cost Proposals
Appendix VIII to Part 200
Nonprofit Organizations Exempted From Subpart E of Part 200 Appendix IX to Part 200
Hospital Cost Principles
Appendix X to Part 200
Data Collection Form (Form SF-SAC)
Appendix XI to Part 200
Compliance Supplement
Appendix XII to Part 200
Award Term and Condition for Recipient Integrity and
Performance Matters
PART 200—UNIFORM ADMINISTRATIVE REQUIREMENTS, COST
PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS
Authority: 31 U.S.C. 503
Source: 78 FR 78608, Dec. 26, 2013, unless otherwise noted.
Subpart A—Acronyms and Definitions
ACRONYMS
Link to an amendment published at 89 FR 30136, Apr. 22, 2024.
Link to an amendment published at 89 FR 30136, Apr. 22, 2024. 2 CFR Part 200 (up to date as of 6/14/2024)
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§ 200.0 Acronyms.
Acronym Term
CAS Cost Accounting Standards
CFR Code of Federal Regulations
CMIA Cash Management Improvement Act
COG Councils Of Governments
COSO Committee of Sponsoring Organizations of the Treadway Commission EPA Environmental Protection Agency
ERISA Employee Retirement Income Security Act of 1974 (29 U.S.C. 1301-1461) EUI Energy Usage Index
F&A Facilities and Administration
FAC Federal Audit Clearinghouse
FAIN Federal Award Identification Number
FAPIIS Federal Awardee Performance and Integrity Information System FAR Federal Acquisition Regulation
FFATA Federal Funding Accountability and Transparency Act of 2006 or Transparency Act—Public Law 109-282, as amended by section 6202(a) of Public Law 110-252 (31 U.S.C. 6101) FICA Federal Insurance Contributions Act
FOIA Freedom of Information Act
FR Federal Register
FTE Full-time equivalent
GAAP Generally Accepted Accounting Principles
GAGAS Generally Accepted Government Auditing Standards
GAO Government Accountability Office
2 CFR Part 200 (up to date as of 6/14/2024)
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GOCO Government owned, contractor operated
GSA General Services Administration
IBS Institutional Base Salary
IHE Institutions of Higher Education
IRC Internal Revenue Code
ISDEAA Indian Self-Determination and Education and Assistance Act MTC Modified Total Cost
MTDC Modified Total Direct Cost
NFE Non-Federal Entity
OMB Office of Management and Budget
PII Personally Identifiable Information
PMS Payment Management System
PRHP Post-retirement Health Plans
PTE Pass-through Entity
REUI Relative Energy Usage Index
SAM System for Award Management
SFA Student Financial Aid
SNAP Supplemental Nutrition Assistance Program
SPOC Single Point of Contact
TANF Temporary Assistance for Needy Families
TFM Treasury Financial Manual
U.S.C. United States Code
VAT Value Added Tax
[78 FR 78608, Dec. 26, 2013, as amended at 79 FR 75880, Dec. 19, 2014; 80 FR 43308, July 22, 2015; 85 FR 49529, Aug. 13, 2020] 2 CFR Part 200 (up to date as of 6/14/2024)
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§ 200.1 Definitions.
These are the definitions for terms used in this part. Different definitions may be found in Federal statutes or regulations that apply more specifically to particular programs or activities. These definitions could be supplemented by additional instructional information provided in governmentwide standard information collections.
For purposes of this part, the following definitions apply:
Acquisition cost means the cost of the asset including the cost to ready the asset for its intended use.
Acquisition cost for equipment, for example, means the net invoice price of the equipment, including the cost of any modifications, attachments, accessories, or auxiliary apparatus necessary to make it usable for the purpose for which it is acquired. Acquisition costs for software includes those development costs capitalized in accordance with generally accepted accounting principles (GAAP). Ancillary charges, such as taxes, duty, protective in transit insurance, freight, and installation may be included in or excluded from the acquisition cost in accordance with the non-Federal entity's regular accounting practices.
Advance payment means a payment that a Federal awarding agency or pass-through entity makes by any appropriate payment mechanism, including a predetermined payment schedule, before the non-Federal entity disburses the funds for program purposes.
Allocation means the process of assigning a cost, or a group of costs, to one or more cost objective(s), in reasonable proportion to the benefit provided or other equitable relationship. The process may entail assigning a cost(s) directly to a final cost objective or through one or more intermediate cost objectives.
Assistance listings refers to the publicly available listing of Federal assistance programs managed and administered by the General Services Administration, formerly known as the Catalog of Federal Domestic Assistance (CFDA).
Assistance listing number means a unique number assigned to identify a Federal Assistance Listings, formerly known as the CFDA Number.
Assistance listing program title means the title that corresponds to the Federal Assistance Listings Number, formerly known as the CFDA program title.
Audit finding means deficiencies which the auditor is required by § 200.516(a) to report in the schedule of findings and questioned costs.
Auditee means any non-Federal entity that expends Federal awards which must be audited under subpart F of this part.
Auditor means an auditor who is a public accountant or a Federal, State, local government, or Indian tribe audit organization, which meets the general standards specified for external auditors in generally accepted government auditing standards (GAGAS). The term auditor does not include internal auditors of nonprofit organizations.
Budget means the financial plan for the Federal award that the Federal awarding agency or pass-through entity approves during the Federal award process or in subsequent amendments to the Federal award. It may include the Federal and non-Federal share or only the Federal share, as determined by the Federal awarding agency or pass-through entity.
Budget period means the time interval from the start date of a funded portion of an award to the end date of that funded portion during which recipients are authorized to expend the funds awarded, including any funds carried forward or other revisions pursuant to § 200.308. 2 CFR Part 200 (up to date as of 6/14/2024)
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