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HomeMy WebLinkAbout25A - AGMT - FIRE STATION CAPITAL IMPROVEMENTSREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 21, 2013 TITLE: AGREEMENT WITH ORANGE COUNTY FIRE AUTHORITY CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO 11-1&-49 FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the attached agreement with Orange County Fire Authority in the amount of $890,000, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION As part of the 2011 -2012 Community Development Block Grant (CDBG) allocation plan, funds were allotted for the purchase of a new fire truck. Subsequently, the City contracted with the Orange County Fire Authority (OCFA) for fire suppression services. As part of the agreement, OCFA would maintain the fleet of vehicles, including a replacement schedule. The agreement also required that the City upgrade the existing fire stations to a minimum level. Therefore, the priority for the use of CDBG funds shifted to renovating many of the fire stations. In March 2012, the City underwent a substantial amendment process to the 2011 -2012 Annual Action Plan to allow for the change in use of CDBG funds. Since then, City staff has worked with the OCFA to develop a list of capital improvements needed at the fire stations. Confirmation of eligibility of the proposed improvements was received from the City's U.S. Dept. of HUD representative. This agreement will accommodate OCFA as the sub - recipient of CDBG funds in order to solicit contractors to begin the capital improvements. Funds will be distributed on a reimbursement basis after the City has received sufficient documentation to approve the release of CDBG funds. FISCAL IMPACT Funds are available in the CDBG account (no. 13518783- 69135). 25A -1 Agreement with Orange County Fire Authority October 21, 2013 Page 2 APPROVED AS TO FUNDS AND ACCOUNTS: Nancy Fong, Y6 Francisco Gutierrez Interim Execu ve Dir or Executive Director Community D pment Agency Finance & Management Services Agency NF /FH /kg Exhibit: 1. Agreement 25A -2 AGREEMENT BETWEEN THE CITY OF SANTA ANA AND ORANGE COUNTY FIRE AUTHORITY FOR USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS This Agreement, is hereby made and entered into this day of _ , 2013 by and between the City of Santa Ana, a charter city and municipal corporation of the State of California ( "CITY ") and Orange County Fire Authority, a Joint Powers Authority organized pursuant to California Government Code Section 6500 of seq„ ( "SUBRECIPIENT "), RECITALS, 11 The CITY, as an eiutitlernent recipient and grantee of the United States Department of Housing and Urban Development ( "HUD ") Community Development Block Grant ( "CDBG ") Project, desires to enter this Agreement with the SUBRECIPIENT for the expenditure of CDBG funds in accordance with Title 24, Part 570 of Code of Federal Regulations 24 CFR 570.000, et seq. ( "CDBG REDS "). 2. CITY has applied for and received CDBG fiends from HUD pursuant to Title I'of the Housing and Community Development Act of 1974; Public Law 93 -383, as amended ( "ACT "), 3. The SUBRECIPIENT assumed Fire /EMS services for the CITY in April 2012. SUBRECIPIENT has been selected by the CITY to receive CDBG funds for public facility irnprovetneuts to the City owned Fire Stations and to provide the services described in the Statement of Work and Capital Improvement Plan attached hereto and incorporated herein as Exhibit A, in accordance with the schedule of perfonnance included therein, hereinafter referred to as "said Project ". SUBRECIPIENT represents that it is qualified and willing to oversee said Project and certifies that the activities carried out with funds provided under this Agreement will meet one or more of the CDBG program's National Objectives (24 CFR fart 570,208). 4, The CITY and SUBRECIPIENT have duly executed this Agreement for the expenditure of such funds. WHEREFORE, it is agreed by and between the parties that the foregoing Recitals are a substantive part of this Agreement and the following temus mud conditions are approved and together with all exhibits and attachments hereto; shall constitute the entire Agreement between the CITY and SUBRECIPIENT: 1. SUBRECIPIENT'S OBLIGATIONS A, Stahns _Representations and Wanxainties. (1) Authority. SUBRECIPIENT is a duly organized and existing Joint Powers Authority ( "SPA' ') in good standing and authorized to do business under the laws of the State of California. SUBRECIPIENT has fill right, power and lawful authority to accept the finding hereunder and to undertake all obligations as provided herein and the execution, perforinance and 757911.1 . A delivery of this Agreement by SUBRECIPIENT, toad has been fully authorized by all 'requisite actions on the part of SUBRECIPIENT. (2) Experience. SUBRECIPIENT is a qualified provider of the services to be provided hereunder. (3) Familiarity With Services Required. By execution of this Agreement, SUBRECIPIENT warrants that (i) it has thoroughly investigated and considered the services to be performed and provided hereunder, (ii) it has carefully considered how the services should be performed, and (iil) it fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. (4) No Conflict. To the best of SUBRECIPIENT'S knowledge, SUBRECIPIENT'S execution, delivery and performance of its obligations under this Agreement will not constitute a default or a Breach under any contract, agreement or order to which SUBRECIPIENT is a party or by which it is bound. (S) No Bankruptcy. SUBRECIPIENT is not the subject of any current or threatened bankruptcyproceeding, (6) No Pending Legal Proceedings. SUBRECIPIENT is not the subject of a current or threatened litigation that world or may materially affect SUBRECIPIENT'S performance under this Agreement, (7) Application Veracity. All provisions of and information provided in SUBRECIPIENT'S application for funding submitted to CITY including any exhibits are true and correct in all material respects. (8) No Pending Investigation, SUBRECII'MNT is not aware that it is die subject of any current or threatened criminal or civil action investigation by any public agency„ including without limitation a police agency or prosecuting authority, that would relate to or affect performance of Agreement or provision ofservices hereunder. R Amount of Grant and Grant Disbursement. The amount granted to SUBRECIPIENT hereunder is Eight Hundred Ninety Thousand Dollars ($890,000.00) ( "CDBG FUNDS ") and such funds shall be expended by SUBRECIPIENT on or before December 31, 2014. The CDBG FUNDS shall be disbursed by CITY to SUBRECIPIENT upon receipt and approval of a complete quarterly activity report from SUBRECIPIENT, with the finial payment subject to the satisfaction of the condition precedent of submittal of complete reporting information, as hereinafter more fully set forth. SUBRECIPIENT shall be obligated to perform such duties as would normally extend beyond the tern, including but not limited to obligations with respect to indemnification, audits, reporting, data retention/reporting, and accounting, C. Use of the CDBG FUNDS SUBRECIPIENT agrees to use all federal 'funds provided by CITY to SUBRECIPIENT pursuant to this Agreement to operate said Project, as set forth in the Statement of Work and Capital Improvement Plan ( "Exhibit A ") attached hereto and by this reference incorporated herein. SUBRECIPIENT'S failure to perform as required may, in 953411.1 2 Exh1bZ&^ 4 addition to other remedies set 'forth in this Agreement, result in readjustment of the amount of funds CITY is otherwise obligated to pay to SUB RECIPIENT hereunder, D. Allowable Costs SUBRECIPIENT agrees to complete said Project on or before December 31, 2014 and to use said f=unds to pay for necessary and reasonable costs allowable under the federal law and regulations to perform said Project. Said amounts shall include, but not be limited to; wages, administrative costs, and employee benefits comparable to other similarly situated employees. Other allowable project costs are detailed in, as set forth in the Statement of Work and Capital Improvement Plan ( "Exhibit A ") attached hereto and by this reference incorporated herein, SUBRECIPIENT shall use all income received from said funds only for the same purposes for which said fiends may be upended pursuant to the terms and conditions of this Agreement. E. Lieensi'M SUBRECIPIENT agrees to obtain and maintain all required 'licenses, registrations, accreditation and inspections from all agencies governing its operations. SUBRECIPIENT shall ensure that its staff shall also obtain and maintain all required licenses, registrations, accreditation and inspections from all agencies governing SUBRECIPIENT's operations hereunder. Such licensing requirements include obtaining a City business license, as applicable. F. Zoning,., SUBRECIPIENT agrees that any facility /property, used in furtherance of said Project shall be specifically zoned and permitted for such use($) and activity(ics). ,Should SUBRECIPIENT fail to have the required land entitlement and/or permits, thus violating any local, state or federal rules and regulations relating thereto, SUBRECIPIENT shalt immediately make good- 'faith efforts to gain compliance with local, state or federal rules and regulations following written notification of said violationts) from the CITY or other authorized citing agency. SUBRECIPIENT shall notify CITY immediately of auypending violations. Failure to notify CITY of pending violations, or to remedy such Irnown Violation(s) shall result in termination of grant furnding hereunder. SUBRECIPIENT must make all corrections required to bring the facility /property into compliance with the law within sixty (60) days of notification of the violation(s); failure to gain compliance within such time shall result in termination of grant funding hereunder. G. Sepaigion of Accounts, All funds received by SUBRECIPIENT from CITY pursuant to this Agreement shall be maintained in an account in a federally insured banking or savings and loan institution with record keeping of such accounts maintained pursuant to applicable OMB Circular A -110 requirements, SUBRECIPIENT is not required to maintain separate depository accounts for the CDBG FUNDS; provided however, the SUBRECIPIENT trust be able to account for receipt, obligation and expenditure of CDBG FUNDS pursuant to applicable OMB Circular A -110 requirements. H, Audit Report Requiremelzts. SUBRECIPIENT agrees that if SUBRECIPIENT receives Three FInndred Thousand Dollars ($300;000.00) or more in federal funds, SUBRECIPIENT shall have an annual audit conducted by a certified public accountant in accordance with the standards as set forth and published by the Unified States Office of Management and Budget. SUBRECIPIENT shall provide CITY with a copy of said audit by October I oftlte year following the program year in which this Agreement is executed. 95391(.1 3 ExhibZS-.A f3 I. Reco�mg/Rerting. SUBREC1PtENT shall ]seep and maintain complete and adequate records and reports to assist CITY in meeting and maintaining its record keeping responsibilities under the CDBG REsGS, including the Following: (1) Records, a. Documentation evidencing program income requirements in conformity with 24 CFR 570.504(b)(2)(i), (ii) and 24 CFR 570.503(b)(3). b. Documentation of all CDBG FUNDS received from CITY. c, Documentation of expenses as identified in the Capital Improvement Plan, including evidence of incurring the expense, invoices for goods or services, copies of any and all contracts or documentation pertaining to costs for subcontractors, plus all other invoices for which CDBG FUNDS were expended, and any payments therefor. d. Any such other related records as CITY shall reasonably require or as required to be maintained pursuant to the CDBG, REDS. (2) Reports. a. Payment Request: SUBRECIPIENT shall submit true copies of invoices, receipts, agreements, copies of any and all contracts or documentation pertaining to costs For subcontractors or other documentation supporting and evidencing how the CDBG FUNDS have been expended during the applicable period. b. Semi - Amual Reporting: On Octobers and April 5, SUBRECIPIENT shall submit information needed for the CITY to complete the Semi- Annual Labor Standards )enforcement Report (HUD Form 4710), c. Annual Report: On July 31, SUBRECIPIENT shall submit information deeded for the CITY to complete the Section 3 — Ecouomic Opportunities for Low- and Very Low- Income Persons Report (HUD Form 60002) and Minority Business Enterprise /Women Owned Enterprise Report (HUD Form 2516). 7. Access to Records. CITY and the United State Govermnent and/or their representatives shall have access for purposes of monitoring, auditing, and examining SUBRECIPIENT's activities and performance, to books, documents and papers, and the right to examine records of SUBRECIPIFNT's subcontractors, bookkeepers and accountants, employees and participants in regard to said project. CITY and the United States Government and /or their representatives shall also schedule on -site monitoring at their discretion. Monitoring activities may also include, but are not limited to, questioning employees and participants in said project and 9sr9Hu 4 ExhibUt-A-6 entering any premises or any site in which any of the services or activities funded hereunder is conducted or in which any of the records of SUBRECIPIENT are kept. Nothing herein shall be construed to require access to any privileged or confidential information as set forth in federal or state law. K. Location of Records/Reclaircd Ler 2th of Record I<ecp rl,, All accounting records, reports, and evidence pertaining to all costs, expenses and the CDBG FUNDS of SUBRECIPIENT and all documents related to this Agreement shall be maintained and kept available at SUBRECIPIENT' S office or plate of business for the duration of the Agreement and thereafter for five (5) years after completion of an audit in conformity with the CDBG REDS, Records which relate to (a) complaints, olaims, administrative proceedings or litigation arising out of the performance of this Agreement, or (b) costs -,ad expenses of this .Agreement to which CITY or any other governmental agency takes exception, shall be retained beyond the five (5) years until complete resolution or disposition of such appeals, litigation ch mis, or exceptions, In the event SUBRECIPIENT does not make the above - referenced documents available within die city of Santa Aria, California, SUBRECIPIENT agrees to pay all necessary and reasonable expenses incurred by CITY in conducting any audit at the location where said records and books of account are maintained. L. Compliance with Law /'Program Income. SUBRECIPIENT acknowledges that the funds being provided by CITY for said Project are received by CITY pursuant to the ACT as amended and that expenditures of these funds shall be in accordance with the ACT and all pertinent regulations issued by agencies of the federal government, including, but not limited to, all regulations found at Title 24 of the Code of Federal Regulations and specifically 24 CFR 57 ©,504(c), Prugratu income received by SUBRECIPIENT shall be returned to CITY unless otherwise provided for in this Agreement. At the end of the program year, CITY may require remittance of all or part of any program income balances (including investments thereof) held by SUBRECIPIENT. SUBRECIPIENT agrees to comply fully with all federal, state and local laws and court orders applicable to its operation whether or not referred to in this Agreement. M, Standing. SUBRECIPIENT shall be in good standing, without suspension by the California Secretary of State, Franchise Tax Board and Internal Revenue Service. Any change in the corporate status or suspension of SUBRECIPIENT shall be reported immediately to CITY. N. Confidentiality. Without prejudice to any other provisions of this Agreement, SUBRECIPIENT shall, where applicable, maintain the confidential nature of information provided to it concerning participants in accordance with the requirements of federal and state law. However; SUBR17CIPIENT shall subunit to CITY and or I-IUD or its representatives, all records requested, including audit, examinations, tuwutoring and verifications of reports submitted by SUBRECIPIENT, costs incurred and services rendered hereunder, 0. Independent Contrlctor. For purposes of implementing this Agreement, SUBRECIPIENT agrees that the performance of obligations hereunder is rendered in its capacity as an independent contractor and that it is in no way an agency of CITY. Notwithstanding the foregoing, this Agreement shall not diminish or affect the rights and responsibilities between CITY and SUBRECIPIENT as it respects CITY's status as a member of the Orange County Fire 953911 1 5 ExhibUA-17 Authority. P. Violation of Terms and Canditionns. SUBRECIPIENT agrees that if SUBRECIPIENT violates any of the terms and conditions of this Agreement or any prior Agreement whereby CDBG funds were received by SUBRECIPIENT, or if SUBRECIPIENT reports inaccurately, or if on audit there is a disallowance of certain expenditures, SUBRECIPIENT agrees to remedy the acts or emissions causing the disallowance and repay CITY all amounts spent in violation thereof. If SUBRECIPIENT engaged in fraudulent activity to obtain and/orjustify expenditure of the CDBG FUNDS granted hereunder, SOBRECIPIENT shall be required to reimburse the CITY of all such funds that were obtained/spent under fraudulent circumstances. Q. Equipment, SUBRECIPIENT agrees not to use the CDBG FUNDS for the Purchase of equipment. R. Prohibited Use. SUBRECIPIENT ECIPIENT hereby certifies and agrees that it will not use the CDBG FUNDS provided through this Agreement to pay for entertainment, meats or gifts. S. mg Lobb y—i - SUBRECIPIENT certifies that it Will comply With federal law (31 U.S.C, 1352) and regulations found at 24 CFR Part 87, which provide that no appropriated funds maybe expended by the recipient of a federal contract, grant, loan or cooperative agreement to pay any person for influencing or attempting to influence an officer or employee oC any agency, Member of Congress, or an officer or employee of a Member of Congress in connection with awarding of any federal contract, the making of any federal grant or loan, entering into any cooperative agreement and the extension, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. SUBRECIPIENT shall sign a certification to that effect in a form as set forth in "Exlrbit C," attached hereto and by this reference incorporated herein, SUBRECIPIENT shall subunit said signed certification to CITY prior to performing any of its obligations trader this Agreement and prior to any obligation arising on the part of CITY to pay any sums to SUBRECIPIENT under the terms and conditions of this Agreorrient, If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence all officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit a "Disclosure Forin to Report Lobbying," in accordance with its instruction,,; (see C-1), T. Financial Interest. SUBRECIPIENT agrees that except for the use of the CDBG FUNDS to pay salaries and other related administrative or personnel costs, no persons who exercise or have exercised any function with respect to CDBG activities assisted under the terms of this Agreement, or who are in a position to participate in a decision-making process or gain inside information with regard to such activities, may obtain a financial interest or benefit from a CDBG- assisted activity of SUBRECIPIENT, either for themselves or those with whom they have fiandly or business ties, during their tentire or for one year thereafter. This prohibition applies to any person who is all employee, agent, consultant, officer, or elected or appointed official of CITY, or of any dusigna(ed public agencies, or the SUBRECIPIENT, 9599111 6 ExhibZ%A-18 U. Davis -Bacon Act/ Section 3 Compliance All laborers and ineehanies employed by contractors or subcontractors in the performance of construction work, including alterations and repairs, in excess of $2,000.00, financed in whole or in part with federal binds shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined in accordance with the Davis -Bacon Act, as amended, 40 U.S.C. sections 276a - 276a -5, Any such construction contract shall include and comply with the required contract provisions and mules set forth in 29 CY R. §5.5. Further, the payroll reports (along with the ",Statement of Compliance ") and basic records are required to be maintained and submitted, or made available, pursuant to 29 CRR. §5.5(x)(3). No payment, advance, grant, loan or guarantee of funds shall be approved by federal agency unless there is on file with the agency a certification by the contractor that the contractor and its subcontractors have complied with the provisions of 29 C.F.R. §5.5. A breach of the contract clauses in 29 C.F,R_ §5,5 may be grounds for termination of the contract, and for debarment as a contractor /subcontractor, as provided in 29 C.F.R. §5.12, tabor standards interviews/investigations shall be made as necessary to assure compliance [29 C.F.R. §5.6(a)(3)l. V. Economic C portunifics for Low income Persons. SUBR.ECIPIENT certfies that, to the greatest extent feasible, and consistent with exrsung Federal, State, and local laws and regulations, employment and other economic opportunities generated by the CDBG Funds disbursed pursuant. to this Agreement will be directed toward low- and very low - income: persons in accordance with Section 3 of the Flpusiing and Urban Development Act of 1963 (12 USC 1701u), Noncompliance with HUD's regulations in 24 CPR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. W, Drug l ree Worlmlace. SUBRECIPIENT certifies drat it has established the following drug -flee workplace policy: (1) The unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the workplace for any employee involved in a federally funded project. (2) As an employee working in conjunction with a federally funded program, the employees of SUBRECIPIENT will be required to: a. Abide by the terms above in statement 1. b. Notify appropriate officials of SUBRECIPIENT and CITY officials of any criminal drug statute conviction for a violation occurring in the workplace not later than five days rifler such conviction. (3) The CITY and the United State Departinent of Housing and Urban Development will be notified within ten days after receiving notice of any such violation. (4) Within 30 days of receiving such notice, appropriate personnel action will be taken against such employee, up to and including termination. Each suet, employee shall be required to participate satisfactorily in a chug abuse assistance or rehabilitation program approved for such purposes by a federal, state or local health, law 953911 7. Exhib� enforcement, or other appropriate agency, X. Uriftbrin Administrative Re SUBRECIPIENT must comply with applicable uniform administrative requirements, as described in 24 CFR 570.501 Y. Other Program Requirements, SUBRECIPIENT agrees to carry out said Project in compliance with all Federal laws and regulations described in subpart K of the CDBG REDS (24 CFR 570,600-614) except as otherwise stated in 24 CFR 570.503(5)(i)-(ii), It. CITY'S OBLIGATIONS A. E4YMq4L9fE9BdS- Upon execution of this Agreement by SUBRECIPIENT, CITY shall pay to SUBRECIPIENT from CDBG FUNDS received from HUD, for CITY's CDBG program, the amounts expended by SUBRECIPIENT in carrying out said Project for fiscal y a maxitourn, aggregate payment of Eight Hundred Ninety 2013-14 pursuant to this Agreement up to , u s 0 car Thousand Dollars ($890,000,00) in installments as determined by CITY. Paynients shall be made to SUBRECIPIENT through the submission of invoices, detailing such expenses. CITY shalt pay such invoices within thirty (30) (lays after receipt thereof provided CITY is satisfied that such -red and documented within the scope and provisions of this Agrecirlent expenses have been incui P and that SUBRECIPIENT is in compliance with the terms and conditions of this Agreement. B, Audit or Account. CITY shall include an audit of the account maintained by SUBRECIPIENT in CITY's annual audit of all CDBG FUNDS in accordance with Title 24 of the Code of Federal Regulations and other applicable federal laws and regulations, C. Conurign Role: Pursuant to 24 CFR 85.40(a), the CITY manages the day-to-day operations of each grant and subgrant supported activities. CITY staff has detailed knowledge of the grant program requirements and monitors grant and subgrant supported activities to assure compliance with Federal requirements. Such monitoring covers cacti program, function and activity and performance goal,,; are reviewed periodically, D. Environmental Reviey In accordance with 24 CFR Part 58, the CITY is responsible for undertaking enviroarcentril review and rnaintailling environinernal review records for each applicable project. E. Performance Monitoring: CITY shall Monitor the performance of the SUBRECIPIENT against goals and performance standards required herein. Substandard Performance as determined by the CITY will constitute non - compliance with this Agreement if action to Correct Such substandard performance is not taken by the SUBRECIPIENT within a reasonable period of time after being notified by the CITY, contract suspension or termination procedures will be initiated. 111. NONDISCRILI LiNATION SUBRECIPIENT agrees that no person oil the ground of race, age, color, national origin, disability, religion or sex will be excluded from participation in, be denied the benefits of or be subjected to discrimination under any program or activity funded in whole or in part with CDBG oi,3911 I ExhilgkOo FUNDS. IV. CONFLICT OF INTEREST Pursuant to the conflict of interest requirements set forth in 24 CFR 570-611 and OMB Circulars 1-102 and A-110, SUBRECIPIENT agrees that no officer, employee, agent or assignee of CITY having direct or indirect control of any CDBG monies granted to the CITY, inclusive of the subject CDBG FUNDS, shall serve as to officer of SUBRECIPIENT. Further, any conflict or potential conflict of interest of any officer of SUBRECIPIENT shall be fully disclosed in writing prior to the execution of this Agreement and said writing shall be attached and deerned fully incorporated as a pail hereof Notice shall be sent by SUBKFCIPIENT to CITY regarding any changes or modifications to its board of directors and list of officers, V. PROHIBITION OF NEPOTISM SUBRECIPIENT agrees not to hire or permit the hiring of any person to fill a position funded through this Agreement if a member of that person's immediate family is employed in an administrative capacity by SUBRECIPIENT. For the purposes of this section, the term "immediate family" means spouse, child, mother, father, brother, sister, brother-in-law, sister-in-law, father-in- law, mother-in-law, son-in-law, daughter-in-law, aunt, uncle, niece, nephew, stepparent and stepchild. The term "administrative capacity" means having selection, hiring, supervisor or management responsibilities. V1. NOTICES Notices to the Pal-ties shall, rudess otherwise requested in writing, be sent by U.S. Mail, postage prepaid, and addressed as follows: TO CITY: City of Santa Ana Commurrity Development Agency (M-25) 20 Civic Center Plaza RO. Box 1988 Santa Aria, California 92702-1988 TO SUBRECIPIENT: Orange Co urity Fire Authority I Fire Authority Road Irvine, CA 92602 Attn: Scott Brown, Division Chief VII. ASSIGNABILITY None of the duties or, or work to be performed by, SUBRECIPIENT under this Agreement shalt be subcontracted or assigned to any agency, C0118oltallt, or person without the prior written consent ofCITY. SUBRECIPIENT must submit all subcontracts and other agreements that relate to this Agreement to CITY, No subcontract or assignment shall terminate or alter the legal obligations of SUBRECIPIENT pursuant to this Agreement. 953911.1 Exhilg§A-11 V111. HOLD HARMLESS SUBRECIPIENT shall indemnify, defend and save harmless CITY, its officers, employees, agents, representatives and volunteers from and against any and all damages to or for loss of use of property and for injuries to or death of any person or persons, including property and employees Or agents of CITY, and shall defend, indemnify and save harmless CITY, its officers, employees, agents, representatives and volunteers from and against any and all claims, dernands, suits, actions or proceedings of any kind or nature, including, but not by way of limitation, workers compensation claims and including attorney fees and reasonable expenses for litigation or settlement, resulting from or arising out of the negligent or wrongtol acts, errors or emissions of SUBRECIPIENT, its officers, directors, employees, agents, subcontractors and suppliers arising out of SUBRECIPIENT's Performance of this Agreement, IX. INSURANCE SUBRECIPIENT represents that it is 90f-inSUred with limits not less than one million dollars ($1,000,000) per accident for worker's compensation claims. Furthermore, SUBRECIPIENT represents that it participates in the Fire Agencies Insurance Risk Authority (FAIRA) pooled group general liability insurance program, and that through FAIRA, SUBRECIPIENT maintains general liability coverage with a combined single limit of not less than one million dollars ($1,000,000) per occurrence. SUBRECIPIENT shall: (a) prior to exercising any right under this Agreement famish CITY with a letter setting forth its self-insured retention and a summary of its coverage under FAIRA; (b) not materially change or terminate such insurance except on 30 days prior written notice to the CITY; and (c) maintain such insurance for the period covered by this Agreernent. SUBRECIPIENT's insurance shall be prirnary with respect to insurance of self-insurance programs maintained by the CITY, X REVERSION OF ASSET A. Upon the expiration of this Agreement, SUBRECIPIENT shall transfer to CITY any CDBG funds on hand at the ti"nc of the expiration of this Agreement as well as any accounts receivable attributable to the use of CDBG funds. (24 CFR 570.503(b)(7),) B Any real property under SUBRECIPIFNT's control that was acquired or improved in whole or in part with CDBG funds in excess of $25,000,00 must either be: Used to meet one of the national objectives stated in 24 CFR 570.208 until five (5) years after expiration of this Agreement, or for such longer period of time as determined to be appropriate by CITY; or (2) Not used in accordance with subparagraph I above, in which event SUBRECIPIENT shall pay to CITY an amount equal to the current fair market value of the property less any portion of the value attributable to the expenditure of non-CDBG FUNDS for acquisition of, or improvement to, the property. Such payment is program income to CITY. No such payment is required following the period Of times specified pursuant to subparagraph 953911.1 10 ExhijRM-12 I above. C. Subject to the obligations set forth herein, title to equipment acquired under the terms of this Agreement will vest upon acquisition in SUBRECIPIENT. When said equipment which has been acquired in accordance with this Agreement and all applicable regulations is no longer needed for said project, disposition of said equipment will be made as follows. (1) Items of equipment with a current per unit fair market value of less than $5,000.00 may be retained, sold or otherwise disposed of with no further obligation to CITY. (2) Items of equipment with a current fair market per unit value of $5,000.00 or more may be retained or sold and CITY shall have the right to an amount calculated by multiplying the current market value or proceeds from the sale by airs share of federal fends used to acquire the equipment, in accordance with 24 CFR 8532(e)(2). SUBRECIPIENT's obligations and responsibilities set forth in this paragraph "X. REVERSION OF ASSETS " and in paragraph "XI, T1RMINATION" and other requirements pertaining to program income shall not be affected by the termination of this Agreement and shall survive the date of termination of this Agreement for such period of time as CITY and /or HUD deems necessary for the responsibilities, duties and obligations to be performed and completed to the satisfaction of CITY and HUD. XI. TERM NAT10 A. This Agreement inay be terminated on thirty (30) days' written notice by either party. In the event of such termination, SUBRECIPIENT shall only be entitled to reimbursement for approved expenses incurred to the effective date of termination, B. This Agreement may be suspended or terminated by CITY upon five (5) days' written notice for violation by SUBRECIPIENT of Federal Laws governing the use of Community Development Block Grant Funds. In the event of such suspension or termination, SUBRECIPIENT shall only be entitled to reimbursement for approved expenses incurred up to the effective date of suspension or termination. C. Pursuant to 24 CFR 85.43, in the event SUBRECIPIENT defaults by failing to fulfill all or any of its obligations hereunder; CITY may declare a default and termination of this Agreement by written notice to SUBRECIPIENT, which default and terrinnation shall be effective on a date stated in the notice which is to be not less than ten (10) days after certified mailing or personal service of such notice, unless such default is cured before the effective date of termination stated in such notice. If terminated for cause, CITY shall be relieved of further liability or responsibility under this Agreement, or as a result of the termination thereof, including the payment Of money, except for payment for approved expenses incurred for services satisfactorily and timely performed prior to the mailing or service of the notice of termination, and except for reimbursement of (1) any payments made for services not subsequently performed in a timely and satisfactory 453411.1 If Exhi-43 manner, and (2) costs incurred by CITY in obtaining substitute performance. D. The grant of funds under this Agreement may be terminated for convenience in accordance with 24 CFR 85,44. E. In the event this Agreement is terminated as set forth in subparagraphs XIA. through XI.D., inclusive, SUBRECIPIENT agrees to immediately return to CITY upon CITY's demand and prior to any adjudication of SUBRECIPIENT's rights, any and all CDBG FUNDS not used, and to comply with paragraph "X, REVERSION OF ASSETS" of this Agreement. XIL LIMITATION OF FUNDS The United States of America, through HUD, may in the future place programmatic or fiscal limitations on the use of CDBG funds which limitations are not presently anticipated. Accordingly, CITY reserves the right to revise this Agreement in order to take account of actions affecting HUD program funding, In the event of funding reduction, CITY may, in its sole and absolute discretion, reduce the budget of this Agreement as a whole or as to costs category, may limit the rate of SUBRECIPIENT's authority to commit and spend funds, or may restrict SUBRECIPIENT's use of both its uncommitted and its unspent fiends. Where HUD has directed or requested CITY to implement a reduction in funding, in whole or as to a cost category, with respect to funding for this Agreement, CITY's City Manager or delegate is authorized to act for CITY it, implementing and effecting such a reduction and in revising, modifying, or amending the Agreement for such purposes, If such a reduction in funding occurs, SUBRECIPIENT shall be permitted to de-scope accordingly, Where CITY has reasonable ground-, to question SUBRECIPIENT's fiscal accountability, financial soundness, or compliance with this Agreement, CITY may suspend the operation of this Agreement for up to sixty (60) days upon five (5) days written notice to SUBRECIPIENT of its intention to so act, pending an audit or other resolution of such questions. In no event, however, shall any revisions made by CITY affect expenditures slid legally binding commitments made by SUBRECIPIENT before it received notice of such revision, provided that such amounts have been committed in good faith and are otherwise allowable and that such commitments are consistent with [IUD cash withdrawal guidelines. XIII, EXCLUSIVITY AND AMENDMENT OF AGREEMENT This Agreement supersedes tiny and all other agreements, either oral or in writing, between the parties hereto with respect to the use of CITY's CDBG hinds by SUBRECIPIENT and contains all the covenants and agreements between the parties with respect to such employment in any manner whatsoever. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any patty, which are not embodied herein, and that no other agreement or amendment hereto shall be effective unless executed in writing and signed by both CITY and SUBRECIPIENT. XIV, LAWS GOVERNING THIS AGREEMENT This Agreement shall be governed by and construed in accordance with the laws of the State of California, and till applicable federal laws and regulations, 953911.t 12 Exhi ' - 4 XV, VALIDITY The invalidity in whole or in part of any provision of this Agreement shall not void of affect the validity of any other provision of this Agreement. XVI, MISCELLANEOUS: PROVISIONS A Each undersigned represents and warrants that its signature herein below has the power, authority and right to hind their respective, parties to each of the terms of this Agreement, and shall indemnify CITY or SUBRECiPIENT fully, including reasonable costs and attorney's fees, for any injuries or damages to CITY or SUBRECIPIENT in the event that such authority or power is riot, in fact, held by the respective signatory or is withdrawn. B. All Exhibits and Attachments referenced herein and attached hereto shall be incorporated as if set forth in the body of this Agreement. C. No delay or omission by either party hereto to exercise any right or power accruing upon any noncompliance or default by the other party with respect to any of the terms of this Agreement shall impair any such right or power or be construed to be a waiver thereof, A waiver by either of the parties hereto of any of the covenants, conditions, or agreements to be performed by the other shall not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or agreement herein contained. 953911 I 1:3 ExhikZ-15 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the last date and year written below. ATTEST: Maria D. HuizaT Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALF10 City Attorney By: LISA E. STORCK Assistant City Attorney ATTEST: Sherry C I erk4 re B0 APPROVED AS TO FORM: DAVID F. KENDIG General Counsel ()531)1 L t Ida CITY OF SANTA ANA Kevin O'Rourke Interim City Manager Date: ORANGE COUNTY FIRE AUTHORITY Steven Wernher&, Board Chair Date: 2t4—! Exhibit A ORANGE COUNTY FIRE AUTHORITY Keith Richter, Fire Chief (714) 573-6000 wmv,ocfa.org DATE: June 17,2013 TO: Kevin O'Rourke, interim City Manager FROM: Scott Brown, Division Chief, OCFA/Cityof Santa Ana Fire Services SUBJECT: Capital Improvement Plan, City Owned Fire Facilities aqMMqM This item is submitted for discussion and subsequent policy direction for utilization of CDBG funding allocated for City owner fire facilities. 1, Assess pending Capital Improvement projects for (lo) Santa Ana Fire station facilities 2. Direct staff to review prqjcct(s) as identified by OCFA (enclosed in this report) 3. Determine if projects meet funding criteria 4. Re-authorize expenditures as identified in CDBG — Public Facility Improvement — fire station fund 5. Develop project th-achne for completion of identified CIP related projects for Fire facilities Luhuaq-111- In April 2012, the Orange County Fire Authority assumed Fire/ EIVIS services for the City of Santa Ana, Ten fire stations are strategically located within the City providing fire and ems emergency response within the City. The OCFA property management section conducted a cursory review of (10) Santa Ana Fire Stations to assess/ evaluate overall conditions of the facilities, the inspection included the following functional areas; • Electrical • Plumbing HVAC • Emergency Generators • Roofs • Apparatus Bay Doors • Diesel Exhaust Collection • Underground Storage Tanks • Dorm, bath, and storage configuration 25A -17 June 17, 2013 Page 2 Post inspection findings revealed facilitics to be in overall serviceable condition – however structural elements (roofs) of some stations, kitchens and dorm areas were identified. as requiring remodel repair and/or replacement. Many of these issues are attributable to the age of each station and by deferred maintenance, City of Santa Ana Fire Stations Fire Station 71 13 years old 1029 W. 17"' Street Fire Station 72 47 years old 1668 E. 4"' Street Fire Station 73 51 years old 419 S, Franklin Street Fire Station 74 33 years old 1427 S. Broadway Avenue Fire Station 75 58 years old 120 W. Walnut Street Fire Station 76 33 years old 950 W. MacArthur Boulevard Fire Station 77 54 years old 2317 S. Greenville Street Fire Station 78 52 years old 501 N. Newhope Street Fire Station 79 25 years old 1320 E. Warner Avenue The current Fire/Emergency Medical Services contract stipulates that the City shall be responsible for Alterations and improVements identified as a Capital finprovement or any single Project that exceeds a cost of 15,000, these improvements/ projects may include scisti-de repair, major remodel, and renovation. Contact for further information, Scott Brown, Division Chief 714-567-3234 Friclosixt in t—his—RqptqL Project Justificatiot)/Description/Estimate(VBudget/Pholos 25A -18 June 17, 2013 Page 3 Justification: The HVAC control system is 10 years old and does not function as designed. Carrier no longer manufactures the control system and does not support it in the field. Technical information is no longer available and repair parts /systems are not available. The control system maltiiuctions frequently requiring a costly repair, and operates less er eetively, thus wasting power. Replacement will result in a more efficient HVA°C operation and attendant cost savings. l= e+$lkFiWt�"� R..444�et , Z 0, � , f 'i.: `w,. h4 _ ...4F;. Scope of Design and procureFIVAC control system, demalish/remove current system, Work: install replacement contrails, program, test and finish as required, See photos on the next page. 25A -19 June 17, 2013 Page 4 25A -20 June 17, 2013 Page 5 25A -21 June 17, 2013 Page 6 (3) Remodel crew bathroom Justification: (I) The station is 47 years old. fire fighters are housed in a single dormitory rooin that is inappropriate for mixed gentler assignment. Crew (toes not have adequate facility to store clothing and personal items. The corm-non steeping arrangement provides noprivacy and makes quality rest difficult. Installation of privacy cubicles with doors and uniform lockers will bring the space into compliance with OCPA habitability standards and facilitate mixed gender use. General improvement of the space attending the cubicles will improve the quality of life for the crew, Scope of Work: (2) The station kitchen has exceeded reasonable service life, All kitchen systems are old, many broken and difficult to maintain in safes sanitary; serviceable conditions. The space does not support the need of station personnel and does not meet OCI'A standards for crew kitchens. The attached photographs- illustrate the problematic issues. (3) The crew bathroom has exceeded reasonable service life. All systems and fixtures are old, marginally serviceable and difficult to maintain in safe, sanitary, serviceable condition. The attached photographs illustrate the trroblem. (1) Demolition afthe currcut irtterlor space andinstaltation of new flooring, replacement of overhead lighting, new window covering, procurement and installation of pro- fabricated cubicles with privacy door, procurement and installation of uniform and equipment locker, paint and finish. (2) Demolition of the existing kitchen space. Procurement and installation of new flooring, lighting systems, tower and upper cabinets, installation of SS counter system with integral single large sink and disposal systems, replacement of faucets and fixtures, upgrade of electrical, replacement of dishwasher, range with ventilation and rehigerators, painting and finish. (3) Demolition of existing bathroom, hustallation of new flooring, overhead lighting, exhaust ventilation, cabinets, shelving, Counter, sink, and fixtures. Replacement of privacy showers and fixtures and painting and finish. 25A -22 Jane 17, 2013 Page 7 25A -23 June 17, 2013 Page 8 Kitchen Flooring 25A -24 Juice 17, 2013 Page 9 25A -25 Jun 17, 2013 Page 10 25A -26 June 17, 2013 Page I I 25A-27 June 17, 2013 Page 12 Remodel Crew Bathroom Justification: (1) The station is 51 years old and nearly all or the major building systems exceed economical service lif.c. The roof is 45 years old. Numerous repairs and chronic failure is beyond economical repair. Roof' failurelleaks pose a risk for additional structural damage and the introduction of mold into the station. (2) The crew bathroom exceeds reasonable service life. It is difficult to maintain in a sanitary, service condition. It does not meet OCFA standards -for . station habitability, See attached ohotovranh.q. Scope of (1) Tear-o Wremovil Of the existing roof and replacement with a cQuientious Work: tile roofing system, (2) Demolidon of existing bathroom. Installation of replacement flooring, overhead lighting, exhaust ventilation, cabinets, shelving, counter, sink, and fixtures, Installation or privacy showers and fixtures, Painting and finish. See, photos on the next Page. 25A-28 June 17; 2013 Page 13 25A -29 June 17, 2013 Page 14 25A -30 Jane 17, 2013 Page 15 25A-31 June 17, 2013 Page 16 (2) Remodel kitchen (3) Remodel crew bathroom Justificadon: The station is 33 years old, station side of the building. that is inappropriate for r cubicles with doors and tin with OCFtX standards, The improvements described are limited to the fire Firefighters are housed in a single dormitory roottt nixed gender assignment. Installation of privacy form lockers will bring the space into compliance The station kitchen has exceeded its reasonable service life, ILitchen systems are old, broken and difficult to keep sanitary, safe and serviceable. It no longer meets the need of station personnel and does not meet 0CFA standards for a crew kitchen, Photos attached. The crew bathroom has exceeded reasonable service life and is Inappropriate for nnix gender assignment. Photos attached. Scope of (1) Demolition ofcurrent interior space and installation ofnew Work: flooring, replacement t f overhead lighting, new window coven ng, procurement and installation of pre - fabricated cubicles with privacy door, procurement and installation of uniform and equipment locker, (2) Demolition of existing kitchen space. Procurement and installation of new flooring, lighting systems, lower and upper cabinets, Installation Of SS counter system with integral single large sink and disposal systems, replacement of faucets and fixtures, upgrade of electrical, replacementt of dishwasher, rauge with ventilation and refrigerators, painting and finish, (3) Demolition of existing space. Procurement and installation of replacement flooring, overhead lighting, exhaust ventilation, cabinets, shelving, counter, sink, and fixtures. Installation of privacy showers and fixtures, painting and finish. See photos an the next page. 25A -32 June 17, 2013 Page 17 25A -33 Anse 17; 2013 Page 18 25A -34 June 17, 2013 Page 19 K itahen 25A -35 Raie 17, 2013 Page 20 25A -36 June 17, 2013 Page 21 25A -37 hine 17, 2 013 Page 22 Hathrnnm 25A -38 June 17, 2013 Page 23 (2) Remodel crew bathroom Justification: (1) The station is 58 years old. It houses 8 Firefighters comprising of two companies. Firefighters sleep in a single dormitory room that is inappropriate for mixed gender assignment. The dorm environment is open and Provides no privacy. Installation of privacy cubicles with doors and uniform lookers will allow mixed gender habitation and bring the space into compliance with OCFA habitability standard& (2) The crew bathroom has exceeded reasonable service lire. It is inappropriate for 1-nix gender assignment. The bathroom is historic in its design and materials, The rehabilitation of the space would bring up certain aspects Of the space to modern standards while preserving the historic elements, See idtachedphotographs, y y Scope of Work; (1) Demolition of current interior space and installation of new flooring, rcPhic(arout of overhead lighting, now window covering, procurement and installation of pre- fabricated cubicles with privacy door, procurement and installation of uniform and equipment locker. (2) Demolition of certain elements existing space. Solid wood cabinet fixture would be renovated, vintage porcelain tile and certain lixture would be preserved and renovated. Flouring would be ground, polished and renovated, overhead lighting replaced, electrical upgrade, exhaust ventilation, sinks, fixtures renovated /replaced as required, privacy showers installed, Painting and finish, does not include ronfqvqton,a ki& NOTE. Station 75 has a very dEuTitgcct— PVC —ni—eii—ibr—titi—c —roof section on this building –.This —roof section was replaced with a double layer Of Modified Bitumen roof membrane, This work is under warranty for 10 more years, **Estimated budget does not include HVAC systems bid: HP unit is approaching the on(] of its life, Depending on any future repairs a replacement would probably be salted in the next couple of years. Leak found in the server room unit and a replacement of the line set must take place. See photos on the next page, 25A-39 June 17, 2013 Page 24 25A-40 Ame 17, 2013 Page 25 i)nrn1c 25A -41 June 17, 2013 Page 26 (3) Remodel crew bathroom Justification: M The station is 33 years old. Firefighters are housed in a single dormitory room that is inappropriate for mixed gender assignanent. Installation of privacy cubicles with doors and uniform lockers will bring the space into compliance with OCFA habitability standards. (2) The station roof is original, Over thirty years old, it is in poor condition. It fails continuously and cannot be economically repaired. (3) The crew bathroom has exceeded reasonable service lire and i, Scope of (1) Demolition of current interior space and installation of new flooring; Work: replacement of overhead lighting, new window covering, procurement and installation of pre - fabricated cubicles with privacy door, procurement and installation of uniform and equipment locker, (2) Demo I ition/tear-off of the existing gravel built-up roof and replacement of 6,400 square feet of modified bitumen roof, (3) Demolition of existing space. Procurement and installation or replacement flooring, overhead lighting, exhaust ventilation, cabinets, shelving, counter, sink, and fixtures. Replacement showers and fixtures and painting and finish as required, See photos on the next page. 25A-42 June 17, 2013 Page 27 25A -43 June 17, 2013 Page 28 25A-44 June 17, 2013 Page 29 25A -45 Jane 17, 2013 Page 30 25A -46 June 17, 2013 Page 31 (3) Replace Roof Justificatiow (1) The station is 54 years old. Firefighters are housed in a single dormitory room that is inappropriate for mixed gender assignment. Installation of privacy cubicles with doors and uniform lockers will bring the spice into compliance with OCFA habitability standards, (2) The current flooring is a mix of original and added carpet, The entire interior is beyond serviceability and requires replacement. (3) The station roof is a replacement foam roof system approaching the end Of its serviceable life, It fails frequently. Continued repair will not provide added life, Scope of (1) Demolition of current interior space and installation of new flooring, Work: replacement of overhead lighting, new window covering, procurement and installation of pre-fabricated cubicles with privacy door, Procurement and installation of uniform and equipment locker, (2) Demolition/rernoval, of all current floor covering, repair of flooring base and installation Of 18X18 composite vinyl tile, trim, base molding, finish and paint as required, (3) Demolition tear- -off of existing, roof, repair as required, and addition of a cricket drain and application of a buildup modified biturnen roof system. Finish as required and installation. See photos on the next page, 25A-47 June 17, 2613 Page 32 25A -48 Ruie 17, 2013 Page D 25A -49 June 17, 2013 Page 34 (2) Remodel crew bathroom (3) Replace roof Justification: (1) The station is 33 years old. Firefighters are housed in a single dormitory room that is inappropriate for mixed gender assignment. Installation of privacy cubicles with doors and uniform lockers will bring the space into COMPI inucc with OCFA habitability standards, (2) The crew bathroom has exceeded service life and is inappropriate for mix gender use. See attached photographs, (3) The existing roof is more than 25 years old and has reached serviceable life. It fails continuously and is not economical to repair, Frequent leak/failure risks damage to internal building structures and spaces, il'1�1�11-11-11 —, 11-1- 1 - 11 Scope of (1) Demolition ofeurrent interior space and installation of now flooring, Work: replacement of overhead lighting, new window covering, procurement and installation of pre-fabricated cubicles with privacy I door, Procurement and installation of uniform and equipment locker. (2) Demolition of existing space, Installation of replacement flooring, overhead lighting, exhaust ventilation, cabinets, shelving, counter, sink, and flxturo& Replacement showers and fixtures and painting and finish as required. (3) Demoli(ion/tear-off of the existing shingle roof, substrate repair as required raidreplacementAid, a modified bitumen roofsystem finish as required, see photos oil tile next page. 25A-50 June 17, 2013 Page 35 25A -51 June 17, 2013 Page 36 25A-52 June 17, 2013 Page 37 25A -53 June 17, 2013 Page 38 Justification: (1) The station is 25 years old, The shower systems in each crew bathroom are failing, leaking through shower wall and the shower floor pan. Leaking is causing damage to the buildings structure. (2) Carpet throughout exceeded set -vice loses adhesion to fl the station is badly worn; tom and Llingi It has life. The carpet chronically separates at seems and Scope of (1) Demolition of existing show stalls, repair as required, installation of Work: shower walls, tile, hot mop, replace pan tile, grout paint and finish as required, (2) Demolition/removal of all current floor covering, repair of flooring base and installation of 18X18 composite vinyl tile, trim, base melding, finish and paint as required. see photos on the nextpage, 25A -54 June 17, 2013 Page 39 25A -55 June 17, 2013 Page 40 I)nowcr Flooring 25A-56 June I7, 2013 Page 41 25A -57 June 17, 2013 Page 42 Flooring 25A-58 a � v Q ,Q 4 cu LL rZI `C3 4L �r 0 t...l 0 vi Z tt Z) (v < a O c CJ N m 25A Exhibit B Certification Regarding Lobbying Certificatial for Contracts, (Grants Loans and Cooperative Ag ents The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an weer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any cooperative_ agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contact, grant, loan or cooperative agreement. (2) If any finds other than Federal appropriates] finds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontract, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subirceiplents 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, /Lf.2 Da EXHIBIT 13 Page 1 oft 25A -60 SUBRECIPIENT warrants the following: 1. SUBRECIPIENT will comply with Public Law 88 -352, Title yI of the Civil Rights Act of 1964 (42 U S. C. section 2000 et seq.) and implementing regulation in 24 CFR Part I. 2. No person in the United States shall on the ground of race, color, religion, national origin, or sex, be excluded from participation in, or be denied the benefits of, or be subjected to discrimination under any program or activity funded In whole or in part with community made available pursuant to the ACT. 3. All laborers and mechanics, employed by contractors or subcontractors in the performance of construction work financed in whole or in part with community development funds shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined in accordance with the Davis -Bacon Act, as amended, 40 U. S. C:, Sections 276 a 1.5, except for individuals who perform services for which they volunteered; do not receive compensation for such services; or are paid expenses, reasonable benefits, or a nominal fee for such services; and are not otherwise employed at any time in construction work. 4. SUBRECIPIENT will comply with ail Federal statutes applicable to projects funded with community development hinds, except that (a) SUBRECIPIENT does not assume CITY'S environmental responsibilities described at 24 CFR 570,604; and (b) SUBRECIPIENT does not assume CITY'S responsibility for initiating the review process under Executive Order 12372, EXHIBIT B Page 2 of 2 25A -61 25A -62