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HomeMy WebLinkAboutHuntington Beach Youth Shelter - 2008-10-01CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION ECONOMIC DEVELOPMENT TO: Joan Flynn, City Clerk FROM: Stanley Smalewitz, Director of Economic Development DATE: December 12, 2008 SUBJECT: C®BG GRANT AGREEMENTS — TRANSMMAL Transmitted to your office for record management purposes are the original subgrantee agreements between the City of Huntington Beach and the various non-profit organizations. These grants were approved by City Council through the 2008/09 Action Plan for the Community Development Block Grant program. • A1taMed Health Services Corporation • Alzheimer's Family Services Center • Children's Bureau of Southern California • Community Services Programs, Inc. (CSP) • Fair Housing Council Additionally, the following agreement is transmitted. This project was approved as an amendment to the 2007/08 Action Plan. • Huntington Beach Youth Shelter :: \ AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND HUNTINGTON BEACH YOUTH SHELTER (Program No. B-07-MC-06-0506) FOR PROGRAM YEAR 2007/2008 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS THIS AGREEMENT, made and entered into by and between the CITY of HUNTINGTON BEACH a municipal corporation, hereinafter referred to as "City", and HUNTINGTON BEACH YOUTH SHELTER hereinafter referred to as "Subrecipient". RECITALS WHEREAS, the City has applied for and received funds from the United States Government under Title I of the Housing and Community Development Act of 1974, Public Law 93-383; and WHEREAS, the City wishes to engage the Subrecipient to assist the City in utilizing such funds; and WHEREAS, the Department of Economic Development is delegated the responsibility for the administration of the Community Development Block Grant Program; and WHEREAS, the City has environmental clearance to release the funds for this project, NOW, THEREFORE, in consideration of these recitals, and the mutual covenants contained herein, City and Subrecipient agree as follows: I) National Objective The Subrecipient certifies that the activities 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; 3) meet community development needs having a particular urgency as defined in 24 CFR Part 570.208. The Subrecipient shall adhere to the terms of the City's CDBG Application and Subrecipient Agreement and with assurances and agreements made by the City to the United States Department of Housing and Urban Development. 2) Subrecipient Grant Amount and Scope of Work Subrecipient shall perform all the services described in the Project Description (Project) and Scope of Services as set forth in Exhibit "A," a copy of which is attached and incorporated by this reference. 08-1760/25440 Page 1 of 13 3) Time of Performance Subrecipient is to commence construction of the project by August 1, 2008. Every effort shall be made by the Subrecipient to extend the allocated funds in their entirety within one year from the commencement of construction.. 4) Personnel Assigned Subrecipient personnel assigned to carry out the Scope of Work shall, if required by the standards of their profession, maintain all licenses and permits necessary to remain in compliance with State and Federal requirements governing the profession. The City shall be notified of all personnel assigned to carry out the Scope of Work and shall be notified if there is a change in personnel. 5) Levels of Performance The Subrecipient agrees to provide the levels of program service as described in the Scope of Work (Exhibit A). 6) Changes in Use of Funds Changes in the use of CDBG funds must be approved by the City Council. If the Subrecipient desires a change in the use of the CDBG funds following approval of this agreement, a written request must be submitted to the City for review by the City Council. No change in the use of the CDBG funds will be permitted by the City without prior formal approval by the City, subject to the provisions of the City's adopted Citizen Participation Plan. 7) Project Schedule[Milestones Services of the Subrecipient shall start no sooner than on the first day of August 1, 2008 and end on the thirtieth day of September 2008. Every effort shall be made by the Subrecipient to expend the allocated funds in their entirety by September 30, 2008. If the Subrecipient does not expend all funds by September 30, 2008, the City may reallocate the funds not yet drawn to another eligible CDBG project. 8) Compensation and Method of Payment The City has allocated Federal 2006/2007 CDBG funds in the amount of Fifty Thousand Dollars ($50,000) to the Subrecipient for the Scope of Services incorporated herein by reference. The Subrecipient shall furnish all labor, materials and services and bear all expenses necessary to provide the project.. The City shall not provide any payments/reimbursements in advance of actual expenditures by the Subrecipient. Funding is contingent upon the City receiving Community Development Block Grant funds from HUD. The Subrecipient shall submit to the City a "Reimbursement Request" within thirty (30) calendar days after the end of the first three quarters. The reimbursement requests shall 08-1760/25440 Page 2 of 13 include documentation to verify that the expenditure of funds is consistent with the project description/definition as approved. Prior to reimbursing the Subrecipient, the City will verify that the Subrecipient has met all applicable regulations for the project. Payroll records, receipts, paid invoices including an itemized statement of all costs are samples of appropriate methods of reimbursement documentation. 9) Program Income The Subrecipient shall report to the City any interest or other income earned as a direct result of the use of Federal CDBG funds for the program outlined within this agreement. All reported program income may be retained by the Subrecipient for services in connection with providing housing, utilities, funds for medications, computer training and food to the homeless or those who are at risk of homelessness. All provisions of this Agreement shall apply to these activities. The program income, retained by the Subrecipient, must be expended before additional funds are requested from the City. Any program income on hand when the Agreement expires or received after the Agreement's expiration shall be paid to the City. The requirements are set forth in the Code of Federal Regulations, Title 24, Section 570.504(c). 10) Record Keeping Requirements The Subrecipient shall maintain separate accounting records for the Federal CDBG funds provided by the City. The City, Federal Grantor Agency, Comptroller 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 Subrecipient which directly pertain to the above project for the purpose of audit, examination, excerpts and transcriptions. Unless otherwise notified by the City, the Subrecipient shall retain all financial records, supporting documents and statistical reports related to the project identified under this agreement for a period of five (5) years from the date of project completion and/or alternatively five (5) years from the date of an audit finding until such finding has been cleared by appropriate officials and the Subrecipient has been given official written notice. 11) Program Requirements The Subrecipient shall adhere to the terms of the City's CDBG Application and Subrecipient Agreement and with assurances and agreements made by the City to the United States Department of Housing and Urban Development. The Subrecipient shall comply with applicable Uniform Administrative Requirements as described in Section 570.502 of the Federal regulations for the CDBG program. The Federal requirements are incorporated herein. The Subrecipient 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), fair housing requirements of the CDBG program regulations, except that: a) The Subrecipient will not assume the City's environmental responsibilities 08-1760/25440 Page 3 of 13 as described in Section 570.604; and b) The Subrecipient will not assume the City responsibility for initiating the review process required under the provisions of 24 CFR Part 52. 12) Public Access to Prouram Records The Subrecipient shall furnish and cause each of its own subrecipients or subcontractors to furnish all information and reports required hereunder and will permit access to its books, records and accounts by the City, HUD or its agent, or other authorized Federal officials for purposes of investigation to ascertain compliance with the rules, regulations and provisions stated herein. 13) Records Retention Unless otherwise notified by the City, the Subrecipient shall retain all financial records, supporting documents and statistical reports related to the project identified under this Agreement until June 30, 2012. 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 Subrecipient has been given official written notice. 14) Grant Closeout Procedures The Subrecipient's obligation to the City shall not end until all close-out requirements are completed. Activities during this close-out period shall include, but are not limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and accounts receivable to the City), and determining the custodianship of records. Not withstanding the foregoing, the terms of this Agreement shall remain in effect during any period that the Subrecipient has control over CDBG funds, including program income. 15) Section 3 Covered Assistance Where the Subrecipient 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: 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 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 HUD -assisted 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. b) The parties to this contract agree to comply with HUD regulations in 24 CFR part 135, which implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are 08-1760/25440 Page 4 of 13 under no contractual or other impediment that would prevent them from complying with the part 135 regulations c) The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under the Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicant for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number of job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. d) The contractor 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 the Section 3 clause, upon a finding that the subcontractor is in violation of the regulation in 24 CFR, part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR, part 135. e) The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract 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 contractor's obligations under 24 CFR part 135. f) Non compliance with HUD's regulations in 24 CFR, part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. 16) Use and Reversion of Assets Upon expiration of this Agreement, the Subrecipient shall transfer to the City any CDBG funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds. The Subrecipient shall be required to use any real property under the Subrecipient's control that was acquired or improved in whole or in part with CDBG funds in excess of $25,000 as follows: a) Used to meet one of the National Objectives in 24 CFR, Section 570.208 until five (5) years after expiration of this Agreement; or, b) Disposed of in .a manner that results 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 expenditure of non-CDBG funds for acquisition or 08-1760/25440 Page 5 of 13 improvement to the property, Reimbursement is not required after the period of time specified in paragraph (a) of this section. 17) Real Property The use and disposition of real property and equipment under this Agreement shall be in compliance with the requirements of 24 CFR Part 84 and 24 CFR 570.502, 570.503, and 570.504, as applicable, which include but are not limited to the following: The Subrecipient shall transfer to the City any CDBG funds on hand and any accounts receivable attributable to the use of funds under this Agreement at the time of expiration, cancellation, or termination. Real property under the Subrecipient's control that was acquired or improved, in whole or in part, with funds under this Agreement in excess of $25,000 shall be used to meet one of the CDBG National Objectives pursuant to 24 CFR 580.208 until five (5) years after expiration of this Agreement [or such longer period of time as the City deems appropriate]. If the Subrecipient fails to use CDBG-assisted real property in a manner that meets a CDBG National Objective for the prescribed period of time, the Subrecipient shall pay the City an amount equal to the current fair market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for acquisition of, or improvement to, the property. Such payment shall constitute program income to the City. The Subrecipient may retain real property acquired or improved under this Agreement after the expiration of the five-year period [or such longer period of time as the City deems appropriate]. In all cases in which equipment acquired, in whole or in part, with funds under this Agreement, is sold, the proceeds shall be program income) prorated to reflect the extent to that funds received under this Agreement were used to acquire the equipment). Equipment not needed by the Subrecipient for activities under this Agreement shall be (a) transferred to the City for the CDBG program or (b) retained after compensating the City [an amount equal to the current fair market value of the equipment less the percentage of non-CDBG funds used to acquire the equipment]. 18) Other Program Requirements Reserved. 19) Suspension and 'Termination In accordance with Title 24, Sections 85,43 and 85.44 of the Code of Federal Regulations, this Agreement may be suspended or terminated if the Subrecipient fails to comply with any term(s) of the award and/or the award is terminated for convenience. Title 24, Sections 85.43 and 85.44 of the Code of Federal Regulations are incorporated herein by reference as provisions of the Agreement. 20) Compliance with Taws and Regulations The Subrecipient agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 570 (the U.S. Housing and Urban Development regulations 08-1760/25440 Page 6 of 13 concerning Community Development Block Grants (CDBG) including subpart K (Attachment 3), except that: a) The Subrecipient will not assume the City's environmental responsibilities as described on Section 570.604; and b) The Subrecipient will not assume the City's responsibility for initiating the review process required under the provisions of 24 CFR Part 52. The Subrecipient also agrees to comply with all other applicable Federal, state and local laws, regulations, and policies governing the funds provided under this contract. The Subrecipient further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available. 21) Nondiscrimination clause The Subrecipient shall comply with all State and Federal laws regarding nondiscrimination in the provision of services and the equal opportunity employment of personnel. 22) Financial Management Accounting Standards. The 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. Cost Principles. The Subrecipient shall administer its program in conformance with OMB Circulars A-122, "Cost Principles for Non -Profit Organizations," or A-21, "Cost Principles for Educational Institutions," as applicable. These principles shall be applied for all costs incurred whether charged on a direct or indirect basis. 23) Single Audit Requirement If the Subrecipient shall receive more than $300,000 in total federal funds in one fiscal year from the City of Huntington Beach and/or any other city or agency, the Subrecipient 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 operations of the Subrecipient for the period beginning October 1, 2006 and ending September 30, 2007 and is due not later than one year after expiration of this Agreement. 24) Religious and Lobbying Activities Religious Activities. The Subrecipient agrees that funds provided under this contract will not be utilized for religious activities or to promote religious interests. Religious entities may use CDBG funds for secular activities only in accordance with the Federal regulations specified in 24 CFR 570.2000), such as worship, religious instruction, or proselytization. Lobbying. The Subrecipient hereby certifies that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of 08-1760/25440 Page 7 of 13 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; (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 any employee of a Member of Congress in connection with this Federal contract, grant loan, or cooperative agreement, it will complete and submit Standard Form- LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; and (3) It will require that the language of paragraph (d) 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: Lobbying Certification. 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.C. 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. 25) Budget Modifications If the Subrecipient desires to modify the use of the CDBG funds following approval of this agreement, a written request must be submitted to the City for review. No change in use of the CDBG funds will permitted without prior written approval by the City, subject to the provisions of the City's adopted Citizen Participation Plan. 26) Performance Monitoring The City will 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. 27) Conflict of Interest The Subrecipient agrees to abide by the provisions of 24 CFR 84.42 and 570.611, which include (but are not limited to) the following: 1) The Subrecipient shall maintain a written code or standards of conduct that shall govern the performance of its officers, employees or agents engaged in the award and administration of contracts supported by Federal funds. 08-1760/25440 Page 8 of 13 2) No employee, officer or agent of the Subrecipient shall participate in the selection, or in the award, or administration of, a contract supported by Federal funds if a conflict of interest, real or apparent, would be involved. 3) No covered persons who exercise or have exercised any functions or responsibilities with respect to CDBG-assisted activities, 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 in any contract, or have a financial interest in any contract, subcontract, or agreement with respect to the CDBG-assisted activity, or with respect to the proceeds from the CDBG-assisted activity, either for themselves or those with whom they have business or immediate family ties, during their tenure or for a period of one (1) year thereafter. For purposes of this paragraph, a "covered person" includes any person who is an employee, agent, consultant, officer, or elected or appointed official of the City, the Subrecipient, or any designated public agency. 28) Procurement Standards and Methods 29) 1) Compliance. The Subrecipient shall comply with current City policy concerning the purchase of equipment and shall maintain inventory records of all non -expendable personal property as defined by such policy as may be procured with funds provided herein. All program assets (unexpended program income, property, equipment, etc.), shall revert to the City upon termination of this Agreement. 2) OMB Standards. Unless specified otherwise within this agreement, the Subrecipient shall procure all materials, property, or services in accordance with the requirements of 24 CFR 84.40-48. 3) Travel. The Subrecipient shall obtain written approval from the City for any travel outside the metropolitan area with funds provided under this agreement. Environmental Issues 1) Air and Water. The Subrecipient agrees to comply with the following requirements insofar as they apply to the performance of this Agreement: a) Clean Air Act, 42 U.S.C., 7401, et seq.; b) Federal Water Pollution Control Act, as amended, 33 U.S.C., 1251, et seq., as amended, 1318 relating to inspection, monitoring, entry, reports, and information, as well as other requirements specified in said Section 114 and Section 308, and all regulations and guidelines issued thereunder; c) ]Environmental Protection Agency (EPA) regulations pursuant to 40 CFR Park 50, as amended. 2) Flood Disaster Protection. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001), the Subrecipient shall assure that for activities located in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). 08-1760/25440 Page 9 of 13 3) Lead -Based Paint. The Subrecipient agrees that any construction or rehabilitation of residential structures with assistance provided under this Agreement shall be subject to HUD Lead -Base Paint Regulations at 24 CFR 570.608, and 24 CFR Part 35, Subpart B. Such regulations pertain to all CDBG-assisted housing and require that all owners, prospective owners, and tenants of properties constructed prior to 1978 be properly notified that such properties may include lead -based paint. Such notification shall point out the hazards of lead -based paint and explain the symptoms, treatment and precautions that should be taken when dealing with lead -based paint poisoning and the advisability and availability of blood lead level screening for children under seven. The notice should also point out that if lead -based paint is found on the property, abatement measures may be undertaken. The regulations further require that, depending on the amount of Federal funds applied to a property, paint testing, risk assessment, treatment and/or abatement may be conducted. 4) historic Preservation. The Subrecipient agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply to the performance of this agreement. 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. 30) Notices Communication and details concerning this contract shall be directed to the following contract representatives: City: Economic Development Department P.O. Box 190 Huntington Beach, CA 92648 Phone: (714) 536-5542 31) Independent Contractor Subrecipient: Elsa Greenfield Huntington Beach Youth Shelter 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. The Subrecipient shall at all times remain an "independent contractor" with respect to the services to be performed under this Agreement. The City shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers' Compensation Insurance, as the Subrecipient is an independent contractor. 32) Insuurance General Liability. In addition to the workers' compensation and employer's liability insurance and Subrecipient's covenant to indemnify City, Subrecipient shall obtain and furnish to City, a policy of general public liability insurance, including motor vehicle 08-1760/25440 Page 10 of 13 coverage covering the program / project. This policy shall indemnify Subrecipient, its officers, employees and agents while acting within the scope of their duties, against any and all claims arising out or in connection with the program, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars ($1,000,000) for the program / project. This policy shall name City, its officers, elected or appointed officials, employees, agents, and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the program / project shall be deemed excess coverage and that Subrecipient's insurance shall be primary. Under no circumstances shall said above -mentioned insurance contain a self -insured retention, or a "deductible" or any other similar form of limitation on the required coverage. Workers Compensation and -Employers' Liability. Pursuant to California Labor Code Section 1861, Subrecipient acknowledges awareness of Section 3700 et seq. of this Code, which requires every employer to be insured against liability for workers' compensation; Subrecipient covenants that it will comply with such provisions prior to commencing performance of the work hereunder. Subrecipient shall maintain workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits. Subrecipient shall require all subcontractors to provide such workers' compensation and employer's liability insurance for all of the subcontractors' employees. Subrecipient shall furnish to City a certificate of waiver of subrogation under the terms of the workers' compensation and employer's liability insurance and Subrecipient shall similarly require all subcontractors to waive subrogation. Certificate of Insurance. Prior to commencing performance of the work hereunder, Subrecipient shall furnish to City certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; the certificates shall: 1. provide the name and policy number of each carrier and policy; 2. state that the policy is currently in force; and 3. promise to provide that such policies will not be canceled or modified without thirty (30) days' prior written notice of City. Subrecipient shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by City. The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of City by Subrecipient under the Agreement. City or its representative shall at all times have the right to demand the original or a copy of all the policies of insurance. Subrecipient shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. 08-1760/25440 Page t t of 13 Subrecipient shall provide a separate copy of the additional insured endorsement to each of Subrecipient's insurance policies, naming City, its officers, elected and appointed officials, employees, agents and volunteers as Additional Insureds, to the City Attorney for approval prior to any payment hereunder. 33) Hold Harmless and Indemnity Agreement Subrecipient hereby agrees to protect, defend, indemnify and hold harmless City, its officers, elected or appointed officials, employees, agents, and volunteers from and against any and all, claims, damages, losses, expenses, judgments, demands defense costs, and consequential damage or liability of any kind or nature, however caused, including those resulting from death or injury to Subrecipient's employees and damage to Subrecipient's property, arising directly or indirectly out of the obligations or operations herein undertaken by Subrecipient, caused in whole or in part by any negligent act or omission of the Subrecipient, any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence, except where caused by the active negligence, sole negligence, or willful misconduct of the City. Subrecipient will conduct all defense at its sole cost and expense and City shall approve selection of Subrecipient's counsel. City shall be reimbursed for all costs and attorney's fees incurred by City in enforcing this obligation. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Subrecipient. 34) Severability If any provision of this Agreement is held invalid, the remainder of the Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect. 35) Assignment of Agreement The Subrecipient shall not assign this Agreement or any monies due thereunder without the prior written consent of the City. 36) Successors and Assigns Subject to the provisions of the Subrecipient Agreement Paragraph 16, "Hold Harmless and Indemnity 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. 37) Section Headings and Subheadings The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement. 08-1760/25440 Page 12 of 13 38) Waiver The City's failure to act with respect to a breach by the Subrecipient does not waive its right to act with respect to subsequent or similar breaches. The failure of the City to exercise or enforce any right or provision shall not constitute a waiver of such right or provision. 39) Authority to Execute this Agreement The person or persons executing this Agreement on behalf of Subrecipient warrants and represents that he/she has the authority to execute this Agreement on behalf of the Subrecipient and has the authority to bind Subrecipient to the performance of its obligations hereunder. 40) Entire Agreement This agreement constitutes the entire agreement between the City and the Subrecipient for the use of funds received under this Agreement and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between the City and the Subrecipient with respect to this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by and through their authorized officers on Ndl�- , 206K. HUNTINGTON BEACH YOUTH SHELTER CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California print name Director of Econom' _ eve op ent ITS: (circle one) Chainnan/President/Vice President AND Loan print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary - Treasurer APPROVED AS TO FORM: Of C.i City Attorney qv 08-1760/25440 Page 13 of 13 J Work Write-u City of Huntington Beach Robert Copenhaver, Housing Consultant February 29, 2008 Reference: Huntington Beach Youth Shelter Elsa Greenfield, Director 7291 Talbert Avenue, Huntington Beach CA 92648 Background On January 17, 2008, GRC Associates' representative Robert Copenhaver walked the referenced facility with Elsa Greenfield Director, (of the youth facility), Carol Runzel of Huntington Beach Economic Development Department and Tina pause, Huntington Beach Real Property Agent, in order to observe the health and safety conditions and general level of deterioration. GRC was asked to assemble this infonnation into a report and include the probable cost for the various items. Goals for this Project: The primary goals of this project are to repair dilapidated conditions, and improve the health and safety situation at the Huntington Beach Youth Shelter. The scope of service in this Work Write- up may exceed the funds available. Health and safety items are to be prioritized so that they are done first, then energy conservation measures second and cosmetic problems last_ In no event shall the project cost exceed the approved funding limit. Project Specifications: All work shall be done per applicable Building and Zoning codes and authorities having jurisdiction in the City of Huntington Beach_ In order to establish standards of quality, the following specifications may refer to a certain product from a manufacturer. This procedure is not to be construed as eliminating from competition any other products of equal or better quality by other manufacturers_ The contractor shall furnish the list of proposed substitutions prior to signing the contract. Contact Information for this Proiect: Elsa Greenfield: (714) 842-6600, Fax (714)842-6607 Robert Copenhaver, Housing Consultant Office (626) 331-6373 Disclaimer: The Owner reserves the right to bid portions of the work out individually, to award the work to a bidder whom is not the lowest bid, or to re -bid portions or all of the work. 1t is in the interest of the Owner and the City of Huntington Beach to use a general contractor for the majority of the work. The City recommends as a standard policy that competitive bids be obtained on all work. Page I of 4 Approval of Scope of Work The following scope of work items I through 13 were developed and approved by Youth Shelter Director Elsa Greenfield in conjunction with the City of Huntington Beach_ Director Signature Date The contractor shall provide supervision, labor, equipment, materials, plans, permits, temporary protection and cleanup to complete the following work per the follow work items: 1. Windows: Demolish and remove all bedroom windows and install new nail -on vinyl slider windows by Milgard, Simonton or anything of equal value. Coordinate this work with the exterior wall treatment. Include all new window flasbings, trims and grids as needed and if required. Windows shall coordinate with existing architecture, meet applicable egress standards and building codes and authorities having jurisdiction. The Youth Shelter shall approve the configuration, type, style and color prior to procurement. Patch any finishes as needed or affected by the work _ - 2. Remove and replace rear door at kitchen. Completely remove the door and jamb and install new pre -hung assembly with heavy-duty entry hardware Iockset with integral deadbolt, seals, threshold and kick plate. The Iockset shall be keyed similar with the front door. 3. Slurry seal and stripe parking lot: Provide and apply a slurry seal of entire 10,000 square foot parking lot. Completely and professionally apply painted markings at basketball court and parking lot_ Provide appropriate ADA markings as needed per applicable codes_ Install mandated ADA markings and signage in parking lot and planters. Layout for markings and signage needs to be approved by the City and the Youth Shelter director prior to the work. 4. Install handicap adjustable sprayer assembly in one shower. Page 2 of 4 JI ` 5. Replace two (2) HVAC split systems with energy star rated equipment: Completely remove two (2) 4-ton split systems including condenser; FAU and line set. Install two (2) new energy star rated systems, minimum 14 seer rating, utilizing existing ductwork. Survey all ductwork for cleanliness, insuyuulation, proper sizing, transitions, appropriate strapping, airflow, leakage, filtration, and report back to Housing Consultant with recommendations. 6. Add radiant barrier, additional insulation and attic exhaust fans: Consult with the manufacturer prior to installing the radiant barrier. Provide and install an adhesive applied radiant barrier between the 2"x 8" rafters at the underside of the roof per manufactures' recommendations. (Most of the roof area is easily accessible. However, there will be areas at the edges and corners without enough space to install the barrier.) Install fully encapsulated R-11 fiberglass insulation at the underside of all roof rafters. This will leave a required gap between the R-1 1 and the surface of the radiant barrier. At the top and bottom of each rafter bay, a small gap for air circulation in and out of each cavity must be allowed to avoid heat build-up. Provide and install three (3) 110V thermostat -controlled attic exhaust fans sized to the volume of the attic space and located near the top of the roof ridge. Include the roof penetration, roof patching and electrical connections as required. — 7. Install Solar Tubes: Provide and install ten (10) Solar Tube skylight assemblies per manufacturers recommendations. Many of these units will require extra long extensions. Care should be taken to provide these in patterns and locations consistent with room ceilings and lighting layouts. This does not include the cost to re -frame or add bead -outs in The ceiling structure_ 8. Change light bulbs to compact fluorescent: Change all existing incandescent bulbs to day-lite compact fluorescent. 9. Install tankless water beater: Provide and install a new Energy Star Rated tankless water heater system per manufactures' recommendations. Include a new gas line, flue, back checks and strainer, if needed or as indicated by manufacturers' recommendations and site conditions. Carefully size the heater for both efficiency and hot water demand cycles. 10. Install one (1) water -saver toilet: Remove and discard one toilet and replace with a two-piece elongated front vitreous china toilet complete with wax ring; braided stainless supply line and wbite molded wood seat_ Page 3 of 4 IL Install a `Smartimer' irrigation controller: The purpose of this item is to provide a water efficient irrigation system controller in compliance with the Metropolitan Water District conservation program_ The actual cost of the controller and installation, if done properly may be free after rebate. However, there is an administrative effort involved in the application process and the work has to be done correctly and by an approved installer in order to qualify for the rebate. As part of this effort conduct a survey to observe leaks and waste on the individual zones_ Report findings and recommendations in writing to the Housing Consultant. 12. Replace dilapidated signage at entry: Remove sign on wall at entry and install a new weatherproof fiberglass -reinforced plastic sign panel of similar size and configuration. Director approval required in advance of procurement. 13. Install 12mm laminate flooring and wood base: Remove existing carpeting and adhesives as required. Check slab conditions and report to housing coordinator should there be conditions not suitable for installation of the laminate flooring_ Provide and install 12mm laminate flooring at corridor areas and two offices approximately 650 square fe'bt over factory sound control underlay. Install painted wood base and appropriate transitions as needed at all new floor area. The Youth Shelter Director shall choose the type, style, brand and color prior to procurement. Page 4 of 4 COMMUNITY SERVICE PROGRAMS 1821 East Dyer Road, Suite 200 • Santa Ana, California 92705 Phone (949) 250-0488 • Fax (949) 251-1659 E-mail: generalinfo@cspinc.org Resolution The CSP Board of Directors resolves that Margot R. Carlson, CSP Executive Director, is authorized by signature alone to sign program contracts and renewal packages. I hereby certify that the foregoing is a true copy of the resolution adopted by the Board of Directors of Community Service Programs, Inc. in a meeting thereof held on June 28, 2006 by the following: Vote Ayes: No: Signature: David Hackney President, Board of Dators Community Service Programs, Inc. Signature: Secretary, Bo#d of Directors Community`Service Programs, Inc. Date: Date: 8.17 �2 L� a non-profit agency serving Orange County since 1972 youth shelter • family counseling • child abuse prevention • parent education • dispute resolution gang prevention • victim/witness assistance • drug, alcohol, tobacco abuse prevention Website: www.cspinc.org