HomeMy WebLinkAboutCoast Community College District - 1999-03-15`i .3Ruraso�l - �'S
Council/Agency Meeting Held: u
(7Q 660- 1d
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roved ❑ Conditionally A proved ❑ Denied
,A5VCity Clerk's Signature
Council Meeting Date: March 15, 1999
Department ID Number: ED 99-10
CITY OF HUNTINGTON BEACH
REQUEST FOR COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
SUBMITTED BY: RAY SILVER, City Administrator694/
PREPARED BY: DAVID C. BIGGS, Director of Economic Development Of,
SUBJECT: Approve and Execute Subgrantee Agreement Between the City of
Huntington Beach and Coast Community College District for
Housing and Community Development Block Grant Program
Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s)
Statement of Issue: The approved Community Development Block Grant (CDBG) budget
for the 1998/1999 fiscal year allocates $99,992 to Coast Community College District (Golden
West College) for construction of a modular building to be used as a child care facility.
Subgrantee agreement between the City and Golden West College must be approved and
executed by the City Council before disbursement of CDBG funds.
Funding Source: Community Development Block Grant (CDBG) funds.
Recommended Action: Motion to:
Approve, and authorize the Mayor and City Clerk to execute, the Subgrantee Agreement
between the City and Golden West College (Attachment 1).
Alternative Actions : Do not approve the Agreement and advise staff how to proceed.
Analysis: On April 6, 1998, City Council selected and approved Golden West College to be
allocated $99,992 from the 1998/1999 CDBG entitlement fund to be used for the construction
of a modular building to be used as a child care facility on the Golden West College campus
located at 15744 Goldenwest Street, Huntington Beach (Attachment 2).
RRUEST FOR COUNCIL ACTION
MEETING DATE: March 16, 1999 DEPARTMENT ID NUMBER: ED 99-10
The agreement designates the grant amount allocated and specifies the nature and scope of
work. Quarterly meetings are held with staff to monitor status of the project. Requirements
of the agreement must be satisfied before disbursement of funds to subgrantee. The
Department of Housing and Urban Development (HUD) requires the City to monitor agencies
annually to ensure compliance with City and Federal requirements and regulations.
Environmental Status: Project is categorically excluded from National Environmental
Protection Act (NEPA) procedures as listed under Section 58.35(a)(1).
Attachment(s):
1 Subgrantee Agreement between City and Coast Community College
District
2 Council Action of April 6, 1998, Approving Action Plan 98/99 for
CDBG and HOME Droarams
RCA Author: Ibrunson x5529
GWAGRMT.DOC -2- 03/02/99 3:57 PM
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Subgrantee Agreement between the City of Huntington Beach
and Coast Community College District
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CITY OF HUNTINGTON BEACH
2000 MAIN STREET
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CITY CLERK
CALIFORNIA 92648.
LETTER OF TRANS}•IITT AL OF ITE`•I APPROVED BY THE CITY COUNCIL/
REDEVELOPMENT AGENCY OF THE CITY OF ITUNTENGTON BEACH
DATE: APxlL Zi
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ATTENTION: JN7/7A* i`YC�2 1'6'd SeG
DEPARTtiIENT: YM-) 0D/9" 69414��
REGARDING- D
See Attached Action Agenda Item L_ /,7J Date of Approval �
Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item.
Remarks:
Connie Brockway
City Clerk
Attachments: Action Agenda Page Agreement Bonds Insurance
RCA Deed Other
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Name Department RCA Agc:a-_-• Insurances Other
Name Department RCA Agreement Insurance Other
Name Department RCA Ai ee-e; t insurance Other
Name Department RCA Agr"me'C Insurance Other
Risk 4tanagement Dept. Insurance
Received by Name - Company Dame - Date
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SUBGRANTEE AGREEMENT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
COAST COMMUNITY COLLEGE DISTRICT (GOLDEN WEST COLLEGE)
FOR HOUSING AND
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
THIS AGREEMENT is entered into this day of %iJf}� Cf� _ 1999,
between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of
California, hereinafter referred to as "CITY," as an entitlement recipient in the U. S. Department
of Housing and Urban Development's Housing and Community Block Grant Program, and
COAST COMMUNITY COLLEGE DISTRICT (GOLDEN WEST COLLEGE), a nonprofit
public educational institution of the State of California, hereinafter referred to as
"SUBGRANTEE," for the expenditure of Block Grant funds.
WHEREAS, the Housing and Community Development Block Grant Program,
hereinafter referred to as "CDBG," mandates that a Subgrantee Agreement be executed in order
that such funds be utilized by the parties hereto,
NOW, THEREFORE, it is hereby agreed that the following provisions are approved and
shall constitute the entire agreement between the CITY and SUBGRANTEE:
1. PURPOSE. The purpose of the subgranting of CDBG funds to SUBGRANTEE shall
be solely for the purchase and installation of a modular building to be used as a child care facility
on the Golden West College campus located at 15744 Goldenwest Street, Huntington Beach,
California, in accordance with the Budget and Statement of Intended Beneficiaries, and the
Scope of Work, copies of which are attached hereto as Attachments 1 and 2, respectively, and
incorporated by this reference as though fully set forth herein.
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2. IDENTITY AND OFFICERS OF SUBGRANTEE. The SUBGRANTEE is a
nonprofit public educational institution of the State of California, whose officer is: Gene Farrell,
Vice -Chancellor of Administrative Services.
3. AMOUNT OF GRANT. The total amount granted to SUBGRANNTEE is $99,992.00,
and such funds shall be expended within a time period not exceeding twelve (12) consecutive
months following the date of execution of this agreement, in installments determined by CITY.
Payment shall be made to SUBGRANTEE following the submission of monthly invoices in a
form prescribed by CITY, detailing such expenses.
CITY shall pay invoices received by the first day of each month within thirty (30) days
after receipt thereof, provided CITY is satisfied that such expenses have been incurred within the
scope of this Agreement and that SUBGRANTEE is in compliance with the terns an conditions
of this Agreement. City has the right to recapture all or a portion of Block Grant Funds not
requested for reimbursement 30 days after the end of the fiscal year, September 30, 1999.
4. COMPLIANCE WITH FEDERAL REQUIREMENTS. SUBGRANTEE agrees to
conduct all activities of the organization, whether funded in whole or in part by CDBG funds
from CITY, in accordance with the provisions contained in the Federal Office of Management
and Budget ("OMB") CircuIar A-87 and its attachments, including those for contracts in excess
of Ten Thousand Dollars ($10,000.00) and including the provisions relating to audit
requirements and resolution of audit findings as provided in Circular A-128.
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SUBGRANTEES who have received $25,000 or more in grant funds are required to
submit an annual report including either a single audit or program audit reports, which evidence
an audit was completed in accordance with specific program requirements of the OMB Circular
(i.e., A-128 or A-133).
SUBGRANTEE shall limit the use of the facility as follows: no less than 51 % of the
clientele shall be persons of low or moderate income, as defined in the applicable federal
regulations or laws. SUBGRANTEE shall allow the staff of CITY to monitor its compliance
with the low or moderate income requirements set forth in this Agreement.
5. RIGHT TO RECAPTURE FUNDS. The CITYlshall have the right to recapture all
.or a.portion of Block Grant funds disbursed to.SUBGRANTEE should the SUBGRANTEE fail
to comply with all of the terms and conditions of this agreement or refuse to accept any
conditions which may subsequently be imposed by the U. S. Department of Housing and Urban
Development for the operation of the Community Development Block Grant Program. Further,
in the event that the modular unit is removed or sold within ten (10) years from the establishment
of the day care facility, any proceeds from the removal or sale of said unit shall be given to CITY
for use in its Community Development Block Grant Program.
6. DISPOSAL OF PROPERTY OR RECORDS. SUBGRANTEE shall not dispose of
any real or personal property acquired in full or in part with CDBG funds through sale, use, or
relocation without the express and prior written permission of the City, and SU 3GRANTEE
agrees to maintain program records for a minimum of four years after the close-out of the
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subgrant and to make such records available for onsite monitoring by CITY not less than
annually and to periodic inspections by HUD officials during this four-year period.
7. CONFLICTS OF INTEREST. SUBGRANTEE agrees that no officer, employee,
agent, or assignee of CITY having direct or indirect control of CDBG funds granted to the CITY
shall serve as an officer of SUBGRANTEE. Further, any conflict or potential conflict of interest
of any officer of SUBGRANTEE shall be fully disclosed to the City prior to the -execution of this
agreement and shall be attached to and become a part hereof.
8. INTEREST INCOME. SUBGRANTEE agrees.that any earned interest income on
funds generated through the use or investment of funds received from CITY shall be used in
conformance with program income requirements set forth -in Code of Federal Regulations
570.504. The SUBGRANTEE shall disclose to the CITY all program income received utilizing
CDBG funds administered under this Agreement.
9. FAILURE TO PERFORM; DEFAULTS. SUBGRANTEE agrees that in the event
it is unable to perform or defaults upon any provision contained herein, the CITY shall have the
right to recapture the full amount of funds granted to SUBGRANTEE.
10. DISBURSEMENT OF FUNDS. SUBGRANTEE acknowledges that the CITY
shall disburse funds to SUBGRANTEE only upon execution of this agreement, and CITY is
empowered only to provide funds to SUBGRANTEE pursuant to the provisions of this
agreement.
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11. INDEMNIFICATION, DEFENSE AND HOLD HARMLESS. SUBGRANTEE
hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, and
employees against any and all liability, claims, judgments, costs and demands, however caused,
including those resulting from death or injury to SUBGRANTEE's employees and damage to
'SUBGRANTEE's property, arising directly or indirectly out of the obligations or operations
herein undertaken by SUBGRANTEE, caused in whole or in part by any negligent act or
omission of the SUBGRANTEE,-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 CITY.. SUBGRANTEE will conduct all defense at its sole
cost and expense.
12. COMPLIANCE WITH WORKERS' COMPENSATION LAWS. Pursuant to
California Labor Code Section 1861, SUBGRANTEE acknowledges awareness of Section 3700
et seq. of said code, which requires every employer to be insured against liability for workers'
compensation. SUBGRANTEE covenants that it will comply with such provisions prior to
commencing performance of the work hereunder.
SUBGRANTEE shall maintain workers' compensation insurance in an amount of
not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each
occurrence, One Hundred Thousand Dollars (S 100,000) bodily injury by disease, each employee,
Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit.
SUBGRANTEE shall require all subcontractors to provide such workers'
compensation insurance for all of the subcontractors' employees. SUBGRANTEE shall furnish to
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CITY a certificate of waiver of subrogation under the terms of the workers' compensation
insurance and SUBGRANTEE shall similarly require all subcontractors to waive subrogation.
13. INSURANCE. In addition to the workers compensation insurance and
SUBGRANTEE 's covenant to indemnify CITY, SUBGRANTEE shall obtain and furnish to
CITY, a policy of general public liability insurance, including motor vehicle coverage covering
the Project. Said policy shall indemnify SUBGRANTEE, its officers, agents and employees,
while acting within the scope of their duties, against any and all claims of arising out of or in
connection with the Project, 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 $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 $1,000,000. Said policy shall name CITY, its officers, and employees as
Additional Insureds, and shall specifically provide that any other insurance coverage which -may
be applicable to the PROJECT shall be deemed excess coverage and that SUBGRANTEE's
insurance shall be primary.
Excluding Workers' Compensation, the above mentioned insurance coverages are
subject to a self -insured retention of$50,000.00.
14. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED
ENDORSEMENTS. Prior to commencing performance of the work hereunder,
SUBGRANTEE shall furnish to CITY certificates of insurance subject to approval of the City
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Attorney evidencing the foregoing insurance coverages as required by this Agreement; said
certificates shall:
provide the name and policy number of each carrier and policy;
2. shall state that the policy is currently in force;
3. shall promise to provide that such policies will not be canceled or modified
without thirty (30) days prior written notice of CITY; and
4. shall state as follows: "The above detail coverage is subject to a self -insured
retention of $50,000.00."
SUBGRANTEE 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 SUBGRANTEE under the Agreement.
CITY or its representative shall at all times have the right to demand the original or a copy of all
said policies of insurance. SUBGRANTEE shall pay, in a prompt and timely manner, the
premiums on all insurance hereinabove required.
A separate copy of the additional insured endorsement to each of
SUBGRANTEE's insurance policies, naming the CITY, its officers and employees as Additional
Insureds shall be provided to the City Attorney for approval prior to any payment hereunder.
15. COMPLIANCE WITH FEDERAL REGULATIONS AND LAWS. The project
contemplated by this Agreement is being assisted by the United States of America. Several
contract provisions embodied herein are included in this Agreement in accordance with the
provisions applicable to such federal assistance. As federal funds are financing all or part of this
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work, all of the statutes, rules and regulations promulgated by the Federal Government and
applicable to the work will apply, and SUBGRANTEE agrees to comply therewith.
16. MINIMUM WAGES. - All laborers and mechanics employed or working upon the
site of the work (or under the United States Housing Act of 1937 or under the Housing Act of
1949 in the construction or development of the project), will be paid unconditionally and not less
often than once a week, and without subsequent deduction or rebate on any account -(except such
payroll deductions as are permitted by regulations issued by the Secretary of Labor under the
Copeland Act (29 CFR Part 3), the full amount of wages and bona fide fringe benefits (or cash
equivalents thereof) due at time of payment computed at rates not less than those contained in the
..: wage determination of the Secretary of Labor which is attached hereto and made a part hereof,
regardless of any contractual relationship which may be alleged to exist between the
SUBGRANTEE and such laborers and mechanics. Contributions made or costs reasonably
anticipated for bona fide fringe benefits under Section l (b)(2) of the Davis -Bacon Acton behalf -
of laborers or mechanics are considered wages -paid to such laborers or mechanics, subject to the
provisions of 29 CFR 5.5(a)(1)(iv); also, regular contributions made or costs incurred for more
than a weekly period (but not less often than quarterly) under plans, funds, or programs, which
cover the particular weekly period, are deemed to be constructively made or incurred during such
weekly period.
Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits -
on the wage determination for the classification of work actually performed, without regard to
skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in
more than one classification may be compensated at the rate specified for each classification for
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the time actually worked therein; provided, that the employer's payroll records accurately set
forth the time spent in each classification in which work is performed. The wage determination
(including any additional classification and wage rates conformed under 29 CFR Part
5.5(a)(1)(ii) and the Davis -Bacon poster (WH-1321) shall be posted at all times by
SUBGRANTEE and its subcontractors at the -site of -the work-in a prominent and accessible place
where it can be easily seen by the workers.
Any class of laborers or mechanics which is not listed in the wage determination and
which is to be employed under the contract shall be classified in conformance with the wage
-determination. HUD shall approve an additional classification and wage rate and fringe benefits
therefore -only when the following criteria have been met:
(1) - The .work to be performed by. the classification requested is not performed by a
classification in the wage determination; and
(2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona fide fringe benefits, bears a
reasonable relationship to the wage rates contained in the wage determination.
If SUBGRANTEE and the laborers and mechanics to be employed in the classification (if
known), or their representatives, and HUD or its designee agree on the classification and wage
rate (including the amount designated for fringe benefits where appropriate), a report of the
action taken shall be sent by HUD or its designee to the Administrator of the Wage and Hour
Division, Employment Standards Administration, U.S. Department of Labor, Washington, D.C.
20210. The Administrator, or an authorized representative, will approve, modify, or disapprove
every additional classification action within 30 days of receipt and so advise HUD or its designee
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or will notify HUD or its designee within the 30-day period that additional time is necessary.
(Approved by the Office of Management and Budget under OMB control number 1215-0140.)
In the event SUBGRANTEE, the laborers or mechanics to be employed in the
classification or their representatives, and HUD or its designee do not agree on the proposed
classification and wage rate (including the amount designated for fringe benefits, where
appropriate), HUD or its designee shall refer the questions; including the views of all interested
parties and the recommendation of HUD or its designee, to the Administrator for determination.
The Administrator, or an authorized representative, will issue a determination within 30 days of
receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day
'.period that additional time is necessary. (Approved by the Office of Management and Budget
under OMB Control Number 1215-0140.)
The wage rate (including fringe benefits where appropriate) determined pursuant to
subparagraphs (1)(b) or (c) of this paragraph, shall be paid to all workers performing work in the
classification under this contract from the first day on which work is performed in the
classification.
Whenever the minimum wage rate prescribed in the contract for a class of laborers or
mechanics includes a fringe benefit which is not expressed as an hourly rate, SUBGRANTEE
shall either pay the benefit as stated in the wage determination or shall pay another bona fide
fringe benefit or an hourly cash equivalent thereof.
If SUBGRANTEE does not make payments to a trustee or other third person,
SUBGRANTEE may consider as part of the wages of any laborer or mechanic the amount of any
costs reasonably anticipated in providing bona fide fringe benefits under a plan or program,
provided that the Secretary of Labor has found, upon the written request of SUBGRANTEE, that
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the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may
require SUBGRANTEE to set aside in a separate account assets for the meeting of obligations
under the plan or program (Approved by the Office of Management and Budget under OMB
Control Number 1215-0140.)
17. PREVAILING WAGE LAW. The CITY has ascertained from HUD the general
prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime
work in the locality in which the work is to be performed for each craft or type of work to be
funded pursuant to this Agreement, and the sazne has been set forth by resolution on file in the
office of the City Clerk of CITY. SUBGRANTEE and any subcontractor under it shall pay not
less than said prevailing wage rates to all workers employed on this Project. SUBGRANTEE
agrees to secure payment -ofcompensation to every employee. SUBGRANTEE agrees to comply
with all applicable federal labor standards provisions; said provisions are incorporated herein by
this reference.
18. WITHHOLDING. HUD or its designee shall upon its own action or upon written
request of an authorized representative of the Department of Labor withhold or cause to be
withheld from SUBGRANTEE under this contract or any other Federal contract with the same
prime contractor, or any other Federally -assisted contract subject to Davis -Bacon prevailing wage
requirements, which is held by the same prime contractor so much of the accrued payments or
advances as may be considered necessary to pay laborers and mechanics, including apprentices,
trainees and helpers, employed by SUBGRANTEE or any subcontractor the full amount of wages
required by the contract. In the event of failure to pay any laborer or mechanic, including any
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apprentice, trainee or helper, employed or working on the site of the work (or under the United
States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development
of the project), all or part of the wages required by the contract, HUD or its designee may, after
written notice to SUBGRANTEE, sponsor, applicant; or owner, take such -action as may be
necessary to cause the suspension -of any further payment, advance, or guarantee of funds until
such violations have ceased, HUD or its designee may, after written notice to SUBGRANTEE,
disburse such amounts withheld for and on account of SUBGRANTEE or subcontractor to the
respective employees to whom they are due. The Comptroller General shall make such
disbursements in the case of direct Davis -Bacon Act contracts.
19. HEALTH AND SAFETY.. -No laborer or mechanic shall be required to work in
surroundings or under. working conditions which are unsanitary, hazardous, or dangerous to his
health standards promulgated by the Secretary of Labor by regulation.
SUBGRANTEE shall comply with all regulations issued by the Secretary of Labor
pursuant to Title 29 Part 1926 (formerly part 1518) and failure to comply may result in
imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act (Public
Law 91-54, 83 Stat. 96).
SUBGRANTEE shall include the provisions of this Article in every subcontract so that
such provisions will be binding on each subcontractor. SUBGRANTEE shall take such action
with respect to any subcontract as the Secretary of Housing and Urban Development or the
Secretary of Labor shall direct as a means of enforcing such provisions. As used in this section,
the terms "laborers" and "mechanics" shall include watchmen and guards.
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20. PAYMENT OF TRAVEL AND SUBSISTENCE ALLOWANCE. Section
1773.8 of the California Labor Code, regarding the payment of travel and subsistence payments,
is applicable to this PROJECT.
21. APPRENTICES AND TRAINEES. Apprentices will be permitted to work at less
than the predetermined rate for the work they performed when they are employed pursuant to and
individually registered in a bona fide apprenticeship program registered with the U.S.
Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and
Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is
employed in his or -her first 90 days of probationary employment as an apprentice in -such an
apprenticeship program, who is- not. individually registered in the program, but who has been
certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where
appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of
apprentices to journeymen on the job site in any craft classification shall not be greater than the.
ratio permitted to SUBGRANTEE as to the entire work force under the registered program. Any
worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise
employed as stated above, shall be paid not less than the applicable wage rate on the wage
determination for the classification of work actually performed. In addition, any apprentice
performing work on the job site in excess of the ratio permitted under the registered program
shall be paid not less than the applicable wage rate on the wage determination for the work
actually performed. Where a contractor is performing construction on a project in a locality other
than that in which its program is registered, the ratios and wage rates (expressed in percentages
of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered
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program shall be observed. Every apprentice must be paid at not less than the rate specified in
the registered program for the apprentice's level of progress, expressed as a percentage of the
journeymen hourly rate specified -in the applicable wage determination. Apprentices shall be
paid fringe benefits -in accordance with the provisions of the apprenticeship -program. If the
apprenticeship program does not specify fringe benefits,- apprentices must be paid the full amount
of fringe benefits listed on the wage determination for the applicable classification. If the
Administrator determines that a different practice prevails for the applicable apprentice
classification, fringes shall be paid in accordance with that determination. In the event the
Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the
Bureau, withdraws approval of an apprenticeship program, SUBGRANTEE will no longer be
-permitted to utilize apprentices at less than the applicable predetermined rate for the work
performed until an acceptable program is approved.
Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at
less than the predetermined rate for the work performed unless they are employed pursuant to and
individually registered in a program which has received prior approval, evidenced by formal
certification by the U.S. Department of Labor, Employment and Training Administration. The
ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan
approved by the Employment and Training Administration. Every trainee must be paid at not
less than the rate specified in the approved program for the trainee's level of progress, expressed
as a percentage of the journeyman hourly rate specified in the applicable wage determination.
Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If
the trainee program does not mention fringe benefits, trainees shall be paid the full amount of
fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour
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Division determines that there is an apprenticeship program associated with the corresponding
journeyman wage rate on the wage determination which provides for less than full fringe benefits
for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and
participating in a training plan approved by the Employment and Training Administration shall
be paid not less than the applicable wage rate on the wage determination for the work -actually _
- . performed. In addition, any trainee performing work on -the job site in excess of the ratio
permitted under the registered program shall be paid not less than the applicable wage rate on the
wage determination for the work actually performed. In the event the Employment and Training
Administration withdraws approval of a training program, SUBGRANTEE will no longer be
permitted to utilize: trainees at less than the applicable predetermined rate for the work performed
until an acceptable program is approved.
22. PAYROLLS AND BASIC RECORDS. Payrolls and basic records relating thereto
shall be maintained by SUBGRANTEE during the course of the work preserved -for a period of.
four years thereafter for all laborers and mechanics working at the site of the work (or under the
United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or
development of the project). Such records shall contain the name, address, and social security
number of each such worker, his or her correct classification, hourly rates of wages paid
(including rates of contributions or costs anticipated for bona fide fringe benefits or cash
equivalents thereof of the types described in Section 1(b)(2)(B) of the Davis -Bacon Act), daily
and weekly number of hours worked, deductions made and actual wages paid. Whenever the
Secretary of Labor has found under 29 CFR 5.5 (a)(1)(iv) that the wages of any laborer or
mechanic include the amount of any costs reasonably anticipated in providing benefits under a
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plan or program described in Section 1(b)(2)(B) of the Davis Bacon Act, SUBGRANTEE shall
maintain records which show that the commitment to provide such benefits is enforceable, that
the plan or program is financially responsible, and that the plan or program has been
communicated in writing to the laborers or mechanics affected, and records which show the costs
anticipated or the actual cost incurred in providing such benefits. CONTRACTOR's employing
apprentices or trainees under approved programs shall maintain written evidence of the
registration of the -apprentices and trainees, and the ratios and wage rates prescribed in the
applicable programs. (Approved by the Office of Management and Budget under OMB Control
Numbers 1215-0140 and 1215-0017.)
SUBGRANTEE shall submit weekly for -each week in which any contract work is
performed a copy of all payrolls to HUD or its designee if the agency is a party to the contract,
but if the agency is not such a party, SUBGRANTEE will submit the payrolls to the applicant,
sponsor, or owner, as the case may be, for transmission to HUD or its designee. The payrolls
submitted shall set out accurately and completely all of the information required to be maintained
under 29 CFR Part 5.5(a)(3)(i). This information may be submitted in any form desired.
Optional Form WH-347 is available for this purpose and maybe purchased from the
Superintendent of Documents (Federal Stock Number 029-005-00014-1), U.S. Government
Printing Office, Washington, DC 20402. The prime SUBGRANTEE is responsible for the
submission of copies of payrolls by all subcontractors. (Approved by the Office of Management
and Budget under OMB Control Number 1215-0149.)
Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by
the SUBGRANTEE or subcontractor or his or her agent who pays or supervises the payment of
the persons employed under the contract and shall certify the following:
16
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RLS 98-325
12/03/99
That the payroll for the payroll period contains the information required to be maintained
under 29 CFR Part 5.5(a)(3)(I) and that such information is correct and complete;
That each laborer or mechanic (including each helper, apprentice, and trainee) employed
on the contract during the payroll period has been paid the full weekly wages earned, without
rebate, either directly or indirectly, and that no deductions have been made either directly or
indirectly from the full wages earned, other than permissible deductions as set forth in 29 CFR
Part 3;
That each laborer or mechanic has been paid not less than the applicable wage rates and
fringe benefits or cash equivalents for the classification of work performed, as specified in the
applicable wage determination incorporated into the contract;
The weekly submission of a properly executed certification set forth on the reverse side of
Optional Form WH-347 shall satisfy the requirement for submission -of the "Statement of
Compliance" required by paragraph A.3.(ii)(b) of this section;
The falsification of any of the above certifications may subject SUBGRANTEE or
subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of
Title 31 of the United States Code.
SUBGRANTEE or subcontractor shall make the records required under paragraph A.3(i)
of this section available for inspection, copying, or transcription by authorized representatives of
HUD or its designee or the Department of Labor, and shall permit such representatives to
interview employees during working hours on the job. If SUBGRANTEE or subcontractor fails
to submit the required records or to make them available, HUD or its designee may, after written
notice to SUBGRANTEE, sponsor, applicant, or owner, take such action as may be necessary to
cause the suspension of any further payment, advance, or guarantee of funds. Furthermore,
17
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RLS 98-325
12103i98
failure to submit the required records upon request or to make such records available maybe
grounds for debarment action pursuant to 29 CFR Part 5.12.
23. DISPUTES CONCERNING LABOR STANDARDS. Disputes arising out of the
labor standards provisions of this Agreement shall be resolved in accordance with the with the
procedures of the Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the
meaning of this clause include disputes between the SUBGRANTEE (or any of its
subcontractors) and HUD or its designee, the U.S. Department of Labor, or the employees or
their representatives.
24. CERTIFICATION OF ELIGIBILITY. By entering into this Agreement,
SUBGRANTEE certifies that neither it (nor he or she) nor any person or firm who -has an interest
in CONTRACTOR'S firm is a person or firm ineligible to be awarded Government contracts by
virtue of Section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD
contracts or participate in HUD programs pursuant to 24 CFR Part 24.
No part of this Agreement shall be subcontracted to any person or firm ineligible for
award of a Government contract by virtue of Section 3(a) of the Davis -Bacon Act or 29 CFR
5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR
Part 24.
The penalty for making false statements is prescribed in the U.S. Criminal Code, 18
U.S.C. 1001. Additionally, U.S. Criminal Code, Section 1010, Title 18, U.S.C. "Federal
Housing Administration transactions", provides in part "Whoever, for the purpose
of...influencing in any way the action of such Administration...makes, utters or publishes any
18
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RLS 98-325
1210308
0 0
statement, knowing the same to be false... shall be fined not more than $5,000 or imprisoned not
more than two years, or both."
25. DISCRIMINATION; MINORITIES, ALIENS. SUBGRANTEE shall not
discriminate nor allow its employees, agents, principals, or subcontractors to discriminate- against
any employee or applicant for employment on the basis of race, religious creed, national origin or
sex. SUBGRANTEE shall take affirmative steps to hire local qualified minority individuals
when job opportunities occur and utilize local business firms when possible.
26. EQUAL EMPLOYMENT OPPORTUNITY. SUBGRANTEE will comply
with all provisions of Executive Order 11246, as amended, and 29 CFR Part 30.
The utilization of apprentices, trainees and journeymen under this part shall be in
conformity with the equal employment opportunity requirements.
SUBGRANTEE is required to have an affirmative action plan which declares that it does
not discriminate on the basis of race, color, religion, creed, national origin, sex or age to ensure
equality of opportunity in all aspects of employment.
Section 503 of the Rehabilitation Act of 1973 (29 USC Section 701, et seq.) prohibits job
discrimination because of handicap and requires affirmative action to employ and advance in
employment qualified handicapped workers.
Section 402 of the Vietnam Era Veterans Readjustment Assistance Act of 1974 (38 USC
Section 219 et seq.) prohibits job discrimination and requires affirmative action to comply and
advance in employment (1) qualified Vietnam veterans during the first four (4) years after their
19
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RLS 98-325
11031198
0 0
discharge and (2) qualified disabled veterans throughout their working life if they have a thirty
percent (30%) or more disability.
To ensure compliance with these requirements, SUBGRANTEE shall provide CITY with
its written affirmative action plan prior to commencement of work. SUBGRANTEE is required
to provide CITY with a listing of its subcontractors together with a completed affirmative action
program from each subcontractor when applicable.
27. COPELAND "ANTI -KICKBACK" ACT. SUBGRANTEE and its subcontractors
shall comply with the requirements of 29 CFR Part 3, which Act provides that each shall be
prohibited from including, by any means, any person employed in the construction, completion,
or repair of public work, to give up any part of the compensation to which he is otherwise
entitled.
28. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER
POLLUTION CONTROL ACT.
(a) SUBGRANTEE stipulates that all facilities to be utilized in the performance of
this Agreement were not listed, on the date of contract award, on the United States
Environmental protection Agency (EPA) List of Violating Facilities, pursuant to 40 CFR 15.20.
(b) SUBGRANTEE agrees to comply with all of the requirements of Section 114 of
the Clean Air Act and section 308 of the Federal Water Pollution Control Act and all regulations
and guidelines listed thereunder.
(c) SUBGRANTEE shall promptly notify CITY of the receipt of any communication
from the Director, Office of Federal Activities, EPA, indicating that a facility to be utilized
20
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RLS 98-325
12I03l98
• 0
pursuant to this Agreement is under consideration to be listed on the EPA List of Violating
Facilities.
(d) SUBGRANTEE agrees to include or cause to be included the requirements of
paragraph (a) thorough (d) of this section in every nonexempt subcontract, and further agrees to
take such action as the Government may direct as a means of enforcing such requirements.
29. ENERGY CONSERVATION. Agreements with federal participation shall
recognize mandatory standards and policies relating to energy efficiency which are contained in
the State energy conservation plan issued in compliance with the Energy Policy and Conservation
Act (42 USC Section 6201, et seq.).
30. HOUSING AND URBAN DEVELOPMENT. SUBGRANTEE agrees to comply
with any and all rules, regulations, guidelines, procedures and standards of the United States
Department of Housing and Urban Development and complete any and all reports and forms that
may be required in accordance therewith.
31. COMPLAINTS, PROCEEDINGS, OR TESTIMONY BY EMPLOYEES.
No laborer or mechanic to whom the wage, salary, or other labor standards provisions of the
Agreement are applicable shall be discharged or in any other manner discriminated against by
SUBGRANTEE or any subcontractor because such employee has filed any complaint or
instituted or caused to be instituted any proceeding or has testified or is about to testify in any
proceeding under or relating to the labor standards applicable under this Agreement to his
employer.
21
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RLS 98.325
12103,98
32. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT -
OVERTIME REQUIREMENTS. SUBGRANTEE shall comply with the provisions of Section
103 and 107 of the contract Work Hours and Safety Standards Act (40 USC 327 et seq.) as
supplemented by Department of Labor regulations (29 CFR, part 5). Under Section 103 of the
Act each SUBGRANTEE shall be required to compute the wages of every mechanic and laborer
on the basis of a standard workday of eight (8) hours and standard workweek of forty (40) hours.
Work in excess of the standard workday or workweek is permissible provided that the worker is
compensated at a rate of not less than 1-1/2 times the basic rate of pay for all hours worked in
excess of eight (8) hours in any calendar day or forty (40) hours in the workweek.
33. VIOLATION; LIABILITY FOR UNPAID WAGES; LIQUIDATED DAMAGES.
In the event of any violation of the clause set forth in Section 32, SUBGRANTEE and any
subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such
SUBGRANTEE and subcontractor shall be liable to the United States (in the case of work done
under contract for the Distract of Columbia or a territory, to such District or to such territory), for
liquidated damages. Such liquidated damages shall be computed with respect to each individual
laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth
in Section 32, in the sum of $10 for each calendar day on which such individual was required or
permitted to work in excess of eight hours or in excess of standard workweek of forty hours
without payment of the overtime wages required by the clause set forth in Section 32.
22
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RIS 98-325
12103r 98
i
0
34. SUBCONTRACTS. SUBGRANTEE or subcontractor shall insert in any subcontracts
the clauses set forth in Sections 32 and 33 herein, and also a clause requiring the subcontractors to
include these clauses in -any lower tier.subcontracts. The prime contractor shall be responsible for
compliance by -any subcontractor or lower -tier subcontractor with the clauses set -forth in Sections 32
and 33 herein.
SUBGRANTEE or. subcontractor will insert in any subcontracts the clauses
contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as HUD or its designee may by
appropriate instructions require, and also a clause requiring the subcontractors to include these
clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance
by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR Part 5.5.
35. INDEPENDENT SUBGRANTEE. It is understood and agreed that
SUBGRANTEE is, and shall be, acting at all times hereunder as an independent contractor and
not as an employee of CITY. SUBGRANTEE shall secure, at its expense, and be responsible for
any and all payment of income tax, social security, state disability insurance compensation,
unemployment compensation and other payroll deductions for SUBGRANTEE and its officers,
agents and employees, and all business licenses, if any, in connection with the PROJECT.
36. LEGAL SERVICES SUBCONTRACTING PROHIBITED. SUBGRANTEE and
CITY agree that CITY is not liable for payment of any subcontractor work involving legal
services, and that such legal services are expressly outside the scope of services contemplated
hereunder. SUBGRANTEE understands that pursuant to Huntington Beach City Charter Section
23
g:4:98agrce:cdbg-gwco1]eg
RIS 98-325
12/03198
309, the City Attorney is the exclusive legal counsel for CITY and CITY shall not be liable for
payment of any legal service expenses incurred by SUBGRANTEE.
37. ATTORNEY FEES. In the event suit is brought -by either party to enforce the terms
and provisions of this agreement or to secure the performance hereof, each party shall bear its
own attorney fees.
38. CAPTIONS. Captions of the sections of this Agreement are for convenience and
reference only, and the words contained therein shall in no way be held to explain, modify,
amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement.
39. SIGNATURES/TIME OF EXECUTION. This agreement shall be void and its
terms shall have no force or effect whatsoever if not signed by authorized agents or officers of
SUBGRANTEE within thirty (30) days of receipt of this document: It shall be the responsibility
of the City to transmit this agreement and any other necessary documentation to SUBGRANTEE
and to record the date of receipt thereof.
24
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RLS 98-325
12.103i98
u
40. ENTIRETY. The foregoing represents the entire Agreement between the parties.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by and through their authorized officers the day, month and year first above written.
SUBGRANTEE: COAST COMMUNITY
COLLEGE DISTRICT (GOLDENWEST
COLLEGE)
a nonprofit public educational institution
of the State of California
By: — L_
Gene Farrel ice -Chancellor
of Administrative Services
ATTEST:
City Clerk 02 99
REVIEWED AND —APPROVED:
City Afministrator
25
gA:98agree:cdbg: gwcolleg
RLS 98-325
12/03198
CITY:
CITY OF HUNTINGTON BEACH,
a California municipal corporation
��LhA 0,4
Mayor
APPROVED AS TO FORM:
-1
City ttorney
Pr,2- r
INITIATED AND APPROVED:
Director of Economic Development
2-16-1999 4:212PM FROP COAST DIST BOARD 714 432 59'7
Coast
Community College
District
District Administratlon: 1370 Adams Avenue, Costa Mesa, California 92626
To: Louann Brunson
City of Huntington Beach
From: Donna Waldfogel
CCCD, Board Office
Date: February 16, 1999
Re: Authorized Signature
P. '
BOARD OF TRUSTEES
Paul G. Berger
George E. Brown
W31ter G. Howald
Jerry Patterson
Armando A. Ruiz
Shirley M. Raines. Studerl Trusted
CHANCELLOR
William M. Vega, Ed.D.
Gene Farrell, Vice Chancellor of Administrative Services, explained there was some confusion
regarding the Board's authorization for signature. The Board of the Coast Community College
District does not require more than one signature on District documents. So, in matters
pertaining to our Administrative Division, Gene Farrell is the person authorized to sign on the
District's behalf
I hope this helps to clear up any concerns you may have. Please don't hesitate to call if you have
additional questions, (714) 438-4848. Thank you.
',wox �i A%
Donna M. Waldfogel
Secretary of the Board
/dw
ORANGE COAST COLLEGE • GOLDEN WEST COLLEGE • COASTLINE COMMUNITY COLLEGE a KOCE•TV (50) PBS
Board al Trustees
(714) 438-4846
Human Resources
(7141 438-4707
Physical Facii�ti�
(714) 438-46r6
Chancellor
(714) 438-4988
infornation Sery CeS
(714) 43a-4747
Public Affair$
(714) 438-4606
Adminatrative service!
(714) 438-4736
Instructional Servioes
(714) 438-4698
Purchasing
(714) 438.468e
Employee Benefits
(714) 438-4727
Intern3L A rdltor
(714) 438-46C2
Vocallonal Fduoa::on/
Erwonmen(W Heartti 6 Safety
(71e) 436-4728
Internstionsc educat,on
(71d) d38-470
Inetrtutionat Rasaarch
(71d) 438.470S
ACCRD,,, CERTIFICA10 OF LIABILITY INSURASCE DATE(MWDDNY)
RODUCER Qv/ THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
%_ CO 6G10./o ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
e d g w i C: C! f" t;a l i':f. , I n c , p��//77 ya dew ALTER THE COVERAGE 'AFFORDED BY THE POLICIES BELOW.
01 S. Parker St. teQt)O�/,�/99 INSURERS AFFORDING COVERAGE
_-QTra g.e, Gam. 92fl1a�3-472t}—
INSURED•INSURER A: -
United -P -i`fic Ins, mRan�( Fs
_ - - INSURER B: _
Coast Community College )list. iINSURERC:
1370 Adamrt Ave. IINSURERD:
L—costi -92626. INSURER E: -
'COVERAGES.
THE POLICIES OF.INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING .
ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT. OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE
MAY BE ISSUED OR.`:
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL' THE TERMS, EXCLUSIONS AND CONDITIONS OF SUEH'
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
`
INSR TYPE OF INSURANCE -- ' I - POLICY NUMBER !POLICY EFFECTIVE
POLICY EXPIRATION I - LIMITS
GENERAL LIABILITY - - I :
EACH OCCURRENCE
I
$
COMMERCIAL GENERA4 41ABILITY I -
FI IpE DAMAGE (Any one fire} . S -
�F� I CLAIMS MADE ` 'OCCUR " . - -- I
I . "- IrMED EXP (Any one person)'
"- $
I PERSONAL & ADV INJURY-
$
GENERAL GREGATE - I $
GEN'L AGGREGATE LIMIT APPLIES PER:. - --
PRODUCTS = COMPlOP AGO
. S
POLICY; 77PRO• >LOC-
I_
- AUTOMOBILE LIABILITY I
I I. COMBINED SINGLE LIMIT
I S
ANY AUTO -
(Ea accident)
_ ^I ALL OWNED AUTOS-' -' I
I 4 BODILY INJURY
l
SCHEDULED AUTOS I
(Per person)
I
HIRED AUTOS I
Iv NON -OWNED AUTOS ,
_
I - I BODILY INJURY
I (Per accident)
I
$
-
PROPERTY DAMAGE
..
(Per acciaent)
' GARAGE LIABILITY - .
5" '''"L� v _
_
- AUTO ONLY • EA ACCIDENT
S
ANY AUTO
v1A.T �• '=tic:'.
) OTHER THAN EA ACC
$
_fir
AUTO ONLY: AGG
S
I EXCESS LIABILITY I f
OCCUR �^ • ' .r ., y,''.w
EACH OCCURRENCE
Is
_ CLAIMS MADE'T y
per `
AGGREGATE .
• $'
! s
DEDUCTIBLE
S
I I
h
'
IS
RETENTION S
_
A WORKERS COMPENSATION AND
NWA0147 44L
� 7 / 41 / 98
7 / O 1 / 99 IA I TNCY LAw T. I OTH -;
EMPLOYERS' LIABILITY
-
-
I E.L. EACH ACCIDENT
5 30QOOOt?
E-L- DISEASE - EA EMPLOYES
.'iQO000O
- -
E.L. DISEASE - POLICY LIMIT
. $ 30QODOO
-:
OTHER
.
DESCRIPTION OF OPERATIONSfLOCATIONSNEHICL-ESIEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS
_
WADER OF SUBROGATION FOR THE BENEFIT OF THE CERTIFICATE H•'"LEDEA+
APPLIES AS RESPECTS WORKERS' COMPENSATION.
r
LrcR I Irm P41 c nULUrK '- ADDITIONAL INSURED; INSURER LETTER: L;ANGtLLA 1IUN -
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
ITV CIF HUNT IlVGTONEAGN QATE THEREOF, THE ISSUING 1N$URER WILL ENDEAVOR TO MAIL -30 DAYS WRITTEN
T-TN: L ISA MORENO NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
'- 2DOt} MAIN STREET IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER. ITS AGENTS OR
HUNT 114GTON BEACH, CA 72645 REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
ACORD 25-S (7197) -1T — 11A ,, ! ✓1 i 0 ACORD CORPORATION 1988
CERTIFICATE OF INSURANCEISELF INSURA
ISSUE DATE 11/12/98
PRODUCERIADMINISTRATOR:
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
KEENAN & ASSOCIATES
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
2355 CRENSHAW BOULEVARD
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
TORRANCE, CA. 90501
�� i Q f �• -
ALTER THE COVERAGES AFFORDED BY
z't
POLICIESIMEMORANDUMS BELOW.
INSURED/COVERED MEMBER:
ENTITIES AFFORDING COVERAGE
ENTITY A
STATEWIDE ASSOCIATION OF COMMUNITY COLLEGES
COAST COMMUNITY COLLEGE DISTRICT
1370 ADAMS AVENUE
COSTA MESA, CA 92628-0118
ATTN: MS. JUDY NEAL
COVERAGES... THIS IS TO CERTIFY THAT THE COVERAGES LISTED BELOW HAVE BEEN ISSUED TO THE INSUREDICOVERED MEMBER NAMED ABOVE FOR THE PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM, OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE
ISSUED OR MAY PERTAIN, THE INSURANCEIMEMORANDUM AFFORDED HEREIN IS SUBJECT TO ALL THE TERMS, CONDITIONS OF SUCH POLICIES/MEMORANDUMS.
ENT
TYPE OF COVERAGE
POLICY/
EFFIEXP
SIRIDED
ALL LIMITS IN
LTR
MEMO #
DATE
THOUSANDS
GENERAL LIABILITY
[XICOMMERCIAL GENERAL LIABILITY
B.I.& P.D. COMBINED
A
[ ICLAIMS MADE [XIOCCURRENCE
EACH OCCURRENCE
[XIGOVERNMENT CODES
SWC 01100-2
06-30-98/99
50,000
S 5,000
[XIERRORS & OMISSIONS
[I
AUTOMOBILE LIABILITY
[XIANY AUTO
B.I.& P.D. COMBINED
[ IHIRED AUTO
EACH OCCURRENCE
A
[ INON-OWNED AUTO
SWC 01100-2
06-30-98/99
50,000
$ 5,000
[XIGARAGE LIABILITY
[I
A
PROPERTY
ALL RISK
SWC 01100-2
06-30-98/99
50,000
$ 254,10.4. PER
EXCL. E0. & FLOOD
OCCURRENCE
DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLESIRESTRICTIONS!SPECIAL ITEMS:
AS RESPECTS COMMUNITY BLOCK GRANT FOR INSTALLATION OF A MODULAR BUILDING FOR CHILD CARE
AT GOLDEN WEST COLLEGE. AMOUNT: $99,992.
�ff-D AS TO FOR911
w
CERTIFICATE HOLDER: ��.`r: =r
CANCELLATION ..-- SHOULD ANY OF THE ABOVE DESCRIBED
POLICIES/MEMORANDUMS BE CANCELED BEFORE THE EXPIRATION DATE
THEREOF, THE ISSUING COMPANYMPA WILL 5N86-AVAR = MAIL 30 DAYS
WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, aLa
CITY OF HUNTINGTON BEACH
ECONOMIC DEVELOPMENT
2000 MAIN STREET
AUT SEN ATI
HUNTINGTON BEACH, CA 92648
ATTN: CAROL RUNZEL
K&A..PIL..06195
INSURED/COVERED MEMBER
COAST CCD
11/12/98
K&A#49
ENDORSEMENT
ADDITIONAL COVERED INTEREST
POLICY/MEMORANDUM NUMBER
SWC 01100-2
PRODUCER/ADMINISTRATOR
KEENAN & ASSOCIATES
Subject to all its terms, conditions, exclusions and endorsements, such additional covered
interest as is afforded by the policy/memorandum shall also apply to the following entity but
only as respects to liability arising directly from the actions and activities of the named
insured/covered member described under "as respects" below.
Additional Covered Interest:
CITY OF HUNTINGTON BEACYH, ITS OFFICERS AND EMPLOPYEES
As Respects:
COMMUNITY BLOCK GRANT FOR INSTALLATION OF A MODULAR BUILDING FOR CHILD CARE AT GOLDEN
WEST COLLEGE.
THIS COVERAGE SHALL BE PRIMARY BUT ONLY SO FAR AS THE COVERED MEMBER MAY BE HELD LEGALLY
LIABLE FOR THE SOLE NEGLIGENCE OF THE COVERED MEMBER.
Authorized Representative
Council Action of April 6,1998 Approving Action Plan 98/99 for
CDBG and HOME Programs
IME
i aL—vL..l V L—V
.APR C 098
Council/Agency Meeting Held:
7Pp
ed/Continued to:
oved 0 Conditionally Approved ❑ Denied
- d , -ral e- ;? cV, ; ser, t
Council Meeting Date: April 6, 1998
ONOMIC DEVELOPMENT o�Td. 7a
,bvuly 01
y Clerk's Signature
Department ID Number: ED
CITY OF HUNTINGTON BEACH
REQUEST FOR COUNCIL ACTION M
M-n�
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
Ln
SUBMITTED BY: RAY SILVER, Acting City AdministratorRAP __j n
PREPARED BY: DAVID C. BIGGS, Director of Economic Development 0*1
SUBJECT: Approval of the Action Plan 98/99 for the CDBG and HOME
programs
Statement of Issue, funding Source, Reconxnended Action, Alternative Action(s), Analysis, Environmental Status, Attachmentts)
Statement of Issue: In order to receive the City's annual entitlements of the Community
Development Block Grant (CDBG) and HOME Investment Partnership funds from the U.S.
Department of Housing and Urban Development (HUD), it is necessary to conduct a public
hearing and approve the Action Plan for 1998/99 relating to the City's adopted Consolidated
Plan.
Funding Source: Community Development Block Grant (GRANT NO. B98-MC060506),
CDBG program income, and HOME Investment Partnership funds (GRANT NO. 98-
MC060514) from the U.S. Department of Housing and Urban Development.
Recommended Action: Motion to:
1. Approve the 1998/99 Action Plan for the Community Development Block Grant and
HOME Programs as referenced as Attachment 1, for the amounts of $1,672,000 and
$636,000 respectively, for a program year to begin July 1, 1998 and end September 30,
1999, and authorize its submission to the U.S. Department of Housing 81 Urban
Development and authorize the City Administrator to execute the required
Certifications.
2. Approve that if there is an increase in the Public Services cap, that the activities to
receive the funds would be 1) the Seniors Outreach Program and 2) the Huntington
Beach Community Clinic at an amount not to exceed the requested grant amount.
_Alternative Action(s]:
1. City Council may modify activities or funding levels of any activity resulting in
modifications to the Action Plan.
REQUEST FOR COUNCIL ACTION
MEETING DATE: April 6, 1998 DEPARTMENT ID NUMBER: ED 98-10
Analysis: Beginning in 1995, the U.S. Department of, Housing and Urban Development
(HUD) consolidated the submission process .and .other planning documents for its
entitlement programs. The Consolidated Plan (CP) 1995-2000 was adopted by City
Council on May 1, 1995. The CP embodies the five year strategy for the .expenditure of
the Community Development Block Grant (CDBG) and HOME funds. The City has
participated in the CDBG program for twenty-three years and participated in the HOME
program for the past six years. The 1998/99 Action Plan (AP) (Attachment 1) will be the
fourth action plan relating to the City's Consolidated Plan. The AP must relate to the
needs identified in the CP.
The CDBG 1998/99 Summary Report (Attachment 2) is a brief listing of the CDBG
recommended projects to be included in the Action Plan. This report provides a brief
description of the activity and the CPAB rationale for selecting the project.
A staff report (Attachment 3) provides additional background information regarding
budgeting issues, the public services cap, and the administrative cap, and the rationale for
modifying the grant year to a one-time fifteen -month period.
The AP describes a one-time fifteen month use of federal funds, FY 1998-99 (July 1, 1998
to September 30,' 1999). This is a one-time extension of the program year is needed in
order to align the CDBG and HOME program years with the City's fiscal year and
accounting records. To align the program year with the City's fiscal year will result in
improving the required financial and reporting aspects of the program. This adjustment
does not result in a loss of federal funding to the City. The greatest impact is on the public
services cap of spending no more than the 15% allowable amount for public services.
The AP describes: the resources available for program implementation, the activities to be
undertaken, how the City monitors the program, how the City addresses homelessness,
discusses an anti -poverty strategy and how the City coordinates between agencies.
Because of the adjustment to the fifteen -month period, if funds are made available through
reprogramming without exceeding the public services cap, the CPAB recommends that the
funds are to be allocated first to ' the Senior Outreach program, then second to the
Huntington Beach Community Clinic. In the capital projects category, CPAB recommends
that the sewer projects in the Enhancement Areas receive reprogrammed funds if
available.
Sixty-nine applications were received by the advertised deadline of November 14, 1997.
Out of the sixty-nine applications totalling $3,256,000 in requests, twenty-two were for
public services totalling $577,832. After staff conducted its eligibility review, eight projects
were considered ineligible. Sixty-one applications were sent to the CPAB for
consideration. The vast majority of the applicants gave presentations to the CPAB.
ED9810.00C -2- 03/26/98 9:06 AM
•
9
REQUEST FOR COUNCIL ACTION
MEETING DATE: April 6, 1998 DEPARTMENT ID NUMBER: ED 98-10
The approved Citizen Participation Plan was followed; whereby, one public hearing on
community needs was held by the Citizen Participation Advisory Board (CPAB) on October
2, 1997. Altogether as part of the deliberation process, the CPAB met ten times from
November 1997 through March 1998, one of which was the tour where members were able
to see proposed and existing projects. This City Council public hearing is the second
required public hearing.
As required by the HUD regulations, this public hearing and the 30 day public comment
period was advertised in a local newspaper of general circulation, The Independent, on
March 19 & 26, and April 2, 1998. After City Council approves the plan, a copy will be
made available for public review at the Central Library and in the Department of Economic
Development forthe 30 day public comment period beginning April 9 and ending May 11,
1998. Besides the comments provided at this hearing, public comments received during
the 30 day public review period will be attached to the Plan and sent to HUD. The Action
Plan is due to HUD on May 15, 1998.
Environmental Status: Not Applicable
Attachment(s):
Action Plan 1998199, Consolidated Plan
2. CDBG Summary
3. Staff Report
Eh9810.D0C -3- 03/26/98 9:00 AM
(7) • 04/06/98 - Councillency Agenda - Page 7
D. PUBLIC HEARINGS
Anyone wishing to speak on an OPEN public hearing is requested to complete the attached
pink form and give it to the Sergeant -at -Arms is located near the Speaker's Podium.
D-1. (City Council) Public Hearing -Approval Of The Action Plan 1998-99 For The
Community Development Block Grant CDBG And HOME Programs (340.70)
Communication from the Economic Development Director
Public hearing to consider the following:
1998199 Action Plan CDBG Activity Summary, TABLE IV
Community Development Block Grant
CDBG REVENUE: AMOUNT
CDBG 1998/99 Entitlement Grant $1,672,000
Activities:
Administration
$289,415
Fair. Housing Council
44,985
Code Enforcement Program - 2 Officers
169,694
Security Lighting - Enhancement Areas
24,000
Housing Rehabilitation — Administration
94,100
Oak View Community Center - Expansion Design
7,500
Golden West College - Child Care Facility
99,992
Sewer repair - Enhancement Areas, various
256,600
Public Improvements - Washington Enhancement Area*
408,500
Community Services DepartmentlOCTA contract for transportation
12,000
Project Self -Sufficiency
71,483
Senior Outreach Program
13,375
Adult Day Services
15,000
Boys & Girls Club - Financial Assistance
12,000
Boys & Girls Club - Teen Program
5,000
Community Service Program (Gang Prevention)
15,000
Episcopal Service Alliance (ESA)
10,000
HB Community Clinic
30,000
Hotline
6,250
Interval House - the shelter's children's program
22,676
Literacy Volunteers of America
15,000
Oak View Community Center
35,017
OC Council on Aging - Ombudsman Services
6,000
Special Children's Connection - Child Care
5,000
Contingency Funds _
3,414
TOTAL:
$1,672,000
(*$66, 000 in Reprogramming Funds are added to this figure, for a total of $474, 000)
PROGRAM INCOME (Estimated): $270,000
(7)
04/06/98 - Councilogency Agenda - Page 8
Payments and interest received from housing rehab loans are made available for new loans
through a Revolving Loan fund.
HOME Investment Partnership
In an effort to expand and preserve its existing affordable housing stock, Huntington
Beach has worked with Community Housing Development Organizations (CHDOs) to
acquire multifamily rental properties. These buildings are rehabilitated and then are
made available to persons below 60% of Orange County median income for a minimum
of 30 years. The CHDO must enter into an agreement with the City that outlines all of
the affordability requirements, property maintenance standards, and long-term
monitoring requirements that are required by HOME regulations. The following activities
are proposed for the 1997/98 HOME Program:
Allocation Administration Acquisition Rehabilitation Construction
97198 HOME $636,000 $63,600 $572,400 0 0
The CP sets local policies and priorities for the development of a viable urban community by
providing decent housing and a suitable living environment and expanding economic
opportunities principally for low -and moderate -income persons. The city intends to extend and
strengthen partnerships among all levels of government and the private sector, including for -
profit and non-profit organizations in order to provide for the production and operation of
affordable housing; a suitable living environment improving the safety and livability of
neighborhoods; assistance to homeless persons and persons at risk of becoming homeless to
obtain appropriate housing, without discrimination on the basis of race, color, religion, sex,
national origin, familial status, or disability; and expand economic opportunities including job
creation and retention.
RECOMMENDED ACTION:
Approve the 1998/99 Action Plan for the Community Development Block Grant and HOME
Programs as referenced as Attachment 1, for the amounts of $1,672,000 and $638,000
respectively, for a program year to begin July 1, 1998 and end September 30, 1999, and
authorize its submission to the U.S. Department of Housing & Urban Development and
authorize the City Administrator to execute the required Certifications.
2. Approve that if there is an increase in the Public Services cap, that the activities to receive
the funds would be 1) the Seniors Outreach Program and 2) the Huntington Beach
Communi_y Clinic at an amount not to exceed the requested grant amount.
[Approved 6-0 (Julien: Absent)]
(8)
W 0
RCA ROUTING SHEET
INITIATING DEPARTMENT:
Economic Development
SUBJECT:
Approve and Execute Agreement with Golden West College
COUNCIL MEETING DATE:
I March 15, 1999
RCA ATTACHMENTS ` . .:.=
:; STATUS:..
Ordinance (w/exhibits & legislative draft if applicable)
Not Applicable
Resolution (w/exhibits & legislative draft if applicable)
Not Applicable
Tract Map, Location Map and/or other Exhibits
Not Applicable
Contract/Agreement (w/exhibits if applicable)
(Signed in full by the City Attomey)
Attached
Subleases, Third Party Agreements, etc.
(Approved as to form by City Attomey)
Not Applicable
Certificates of Insurance (Approved by the City Attomey)
Attached
Financial Impact Statement (Unbudget, over $5,000)
Not Applicable
Bonds (If applicable)
Not Applicable
Staff Report (If applicable)
Not Applicable
Commission, Board or Committee Report (If applicable)
Not Applicable
Findings/Conditions for Approval and/or Denial
Not Applicable
EXPLANATION FOR MISSING AT°TACHMENTS . .
-'REVIEWED
RETURNED . -::FOR
RDED
Administrative Staff
( )
)
Assistant City Administrator (Initial)
( )
( )
City Administrator (Initial)
City Clerk
{ )
'EXP.LANATION _FOR- RETURN -OF ITEM