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1995-1130_ORANGE , COUNTY_Memorandum of Contract No. EC418071 r . Contract No. EC41907 2 3 COUNTY OF ORANGE ENVIRONMENTAL MANAGEMENT AGENCY 4 HOUSING AND REDEVELOPMENT CITY ADMINISTERED REHABILITATION 5 (CDBG Program Year XXI) 6 TITLE OF PROJECT: City Of San Juan Capistrano - Mobile Home Rehabilitation 7 8 9 MEMORANDUM OF CONTRACT entered into this 3� day of A19vu-n 4- , 1995, 10 BY AND BETWEEN: 11 City Of San Juan Capistrano, a municipal corporation, hereinafter 12 referred to as "CITY", AND 13 14 COUNTY OF ORANGE, a political 15 subdivision of the State of California and recognized Urban County under the 16 Federal Housing and Community Development Act of 1974 (Public Law 17 93-838), as amended, hereinafter referred to as "COUNTY", 18 19 RECITALS: This Contract is made with reference to the following facts, among others: 20 WHEREAS, the COUNTY anticipates entering into a separate contract for the period July 1, 21 1995 - June 30, 1996 with the United States Department of Housing and Urban Development (HUD) 22 to receive funds under Title I of the Housing and Community Development Act of 1974 (Public Law 23 93-838, as amended), for the purpose of funding projects meeting one of the HUD national 24 objectives, and 25 WHEREAS, COUNTY and CITY previously entered into a Cooperation Agreement 26 July 21, 1993 in which both parties agreed to cooperate in the undertaking, or assist in the 27 undertaking, of community development and housing assistance activities, and 28 WHEREAS, the CITY has submitted to the COUNTY an application for funding of a 29 PROJECT hereinafter described, and 30 --1- 71 4 5 6' 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 221 23 24 25 26 27 28 29 Contract No. EC41807 WHEREAS, the COUNTY adopted its Final Consolidated Plan on June 20, 1995 by Resolution No. 95-443 which sets forth the PROJECT described herein, and WHEREAS, HUD has accepted and certified the aforementioned Consolidated Plan. NOW, THEREFORE, IT IS AGREED by and between the parties that the following provisions as well as all other applicable Federal regulations including 24 CFR 570.600-612 and appropriate State and COUNTY laws and regulations including the attached General Conditions, identified as Exhibit "A", and Exhibit "B", are part of this Contract. I. SCOPE OF SERVICES A. ACTIVITIES The CITY will act as PROJECT MANAGER and, furthermore, will be responsible for administering a Community Development Block Grant (CDBG) Year XXI Housing Rehabilitation Project described herein, which will provide low-interest loans, deferred payment loans, grants or rebates for home improvement of privately owned eligible properties within the CIT'Y's boundaries (see attached map, Exhibit "B"). All rehabilitation of single family residential units will benefit low- and moderate -income families and rehabilitation of multi -family residential units will principally benefit (minimally 51 %) low- and moderate -income families as defined and revised periodically by HUD. Project development and management costs are included. Such program will include the following activities eligible under the CDBG Program: PROGRAM DELIVERY Activity No. I - Housing Rehabilitation Program GENERAL ADMINISTRATION B. LEVELS OF ACCOMPLISHMENT In addition to the normal administrative services required as part of this Contract, the CITY agrees to provide the following levels of program services: ACTIVITY Housing Rehabilitation -2- TOTAL UNITS/YEAR 10 units I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 • • Contract No. EC41807 Scope of Services set forth in Section I. herein, including Grantee Performance Direct Benefit Activity information. Reimbursement of eligible expenses shall be made against the items specified in Exhibit "A" - Administrative Requirement (Section II.A.2.). IV. NOTICES Communication and details concerning this contract shall be directed to the following contract representatives: A. TO COUNTY: County of Orange Environmental Management Agency Housing and Redevelopment Function 1200 North Main Street, Suite 600 Santa Ana, CA 92701 Attention: Chief, Grant Management Section B. TO CITY: City Of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attention: Tom Tomlinson V. SPECIAL CONDITIONS The CITY agrees to comply with the requirements of Title 24 Code of Federal Regulations, Part 570 of the Department of Housing and Urban Development regulations concerning CDBG and all federal regulations and policies issued pursuant to these regulations. The CITY further agrees to utilize funds available under this Contract to supplement rather than supplant funds otherwise available. A. SPECIAL CONDITIONS DEFINITIONS the PURPOSES OF THIS CONTRACT the following definitions shall apply: 1. "PROJECT MANAGER": The party responsible for, but whose responsibility is not to the following: Contracting, monitoring and implementing the PROJECT through completion. 2. "DIRECTOR": The Director of the Orange County Environmental Management Agency (hereinafter referred to as EMA) or his designee. N 3. 'REIMBURSABLE BASIS": The CITY will provide the funds for the project and submit proof of payment to the COUNTY, whereby upon approval, the COUNTY will forward Community 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 0 0 Contract No. EC41807 Development Block Grant (hereinafter referred to as CDBG) funds to repay the CITY. 4. "CONSTRUCTION BID PACKAGE": A package of bidding documents which includes proposal, bidding instructions, contract documents, detailed estimated costs and plans and specifications for a construction project, all prepared in accordance with applicable Federal regulations. IH PROJECT FUNDING 1. Invoices for all approved project costs funded by the grant under this Contract shall be submitted within 90 days after the Contract expiration date. The date for project completion and expenditure of all funds may be extended at the discretion of the DIRECTOR six (6) months from the Contract expiration date, with written notification to the CITY. In the event of such an extension, the deadline for submittal of invoices shall be 90 days after the new completion date. After Contract expiration, all unexpended funds remaining from this Contract will be allocated by the COUNTY to other eligible project(s) within the Urban County Program. C. CITY agrees: 1. That the project shall be implemented and appropriately maintained for Community Development purposes as defined by applicable HUD provisions to ensure maximum feasible benefit and utilization of the project by low- and moderate -income persons. 2. That DIRECTOR shall periodically evaluate the CITY's progress in complying with the terms of this Contract. CITY shall cooperate fully during such monitoring. DIRECTOR shall report the findings of each monitoring to the CITY. DIRECTOR may, at his discretion, report said findings I to the Orange County Board of Supervisors. If it is determined by the Board of Supervisors that CITY performance or progress on performance is unsatisfactory, the Board of Supervisors may withhold further funding on the project pending resolution of the unsatisfactory condition(s), or may terminate this I Contract as prescribed in 24 CFR 85.43 and 85.44. In addition, the Board of Supervisors may require the CITY to reimburse COUNTY any funds that it determines to be improperly expended or not expended on the project in a timely manner based on applicable CDBG Program Regulations. 3. To be responsible for design and inspection, including funding the costs related to those activities, unless funding for design and inspection activities is provided for in Section I.C. of this -5- I Contract No. EC41807 2 2. The CITY shall transfer to COUNTY any CDBG funds on hand at the time of Contract 3 expiration and any accounts receivable attributable to the use of CDBG funds. The CITY shall ensure 4 that any real property under the CITY's control that was acquired or improved in whole or in part with 5 CDBG funds in excess of $25,000 is either: 6 (a) Used to meet one of the national objectives in 24 CFR 570.208 until five years after 7 expiration of the contract; or, 8 (b) Is disposed of in a manner which results in the COUNTY being reimbursed in the amount 9 of the current fair market value of the property less any portion thereof attributable to expenditures of 10 non-CDBG funds for acquisition of, or improvement to, the property. Such reimbursement is not 11 required after the period of time specified in accordance 2(a) above. 12 E. AMENDMENTS 13 Any amendments to this Contract shall be completed in accordance with Section I.G. 14 (Amendments) of Exhibit A attached. 15 F. AUDIT 16 1. CITY shall obtain an annual audit performed in accordance with OMB Circular A-128 and 17 forward a copy to DIRECTOR within 180 days after the end of each accounting year. DIRECTOR 18 shall have the right to ensure that necessary corrective actions are made by the CITY for any audit 19 findings pertinent to CITY handling of funding attributable to the CDBG Program per Federal 20 requirements. 21 22 23 24 25 26 27 28 29 1 Contract No. EC41807 2 Contract. 3 4. If this contract is a construction project, submit the Construction Bid Package for this project 4 to DIRECTOR for review prior to advertising for bids on the construction contract or prior to award of 5 such a contract if an alternative method of award is used. CITY shall not advertise for bids until 6 DIRECTOR has approved Construction Bid Package. CITY shall construct project in accordance with 7 the Construction Bid Package which DIRECTOR approved unless prior written approval is received 8 from DIRECTOR for modification therefrom. 9 5. That this Contract is conditional upon COUNTY being funded by HUD, and the release of 10 funds to COUNTY. Funds may not be drawndown until this condition has been met. 11 6. That this Contract is also conditional upon complying with HUD Environmental Review 12 under HUD regulations at Title 24 CFR, Parts 50 and 58 which implement Section 102 (2)(c) of the 13 National Environmental Policy Act of 1969 and the California Environmental Quality Act. 14 7. To provide requested materials to COUNTY for the Environmental Review process requested 15 by HUD. This process may take-up ninety (90) days. 16 8. That funds may not be drawndown until the required environmental documentation clearance 17 has been issued. 18 9. To maintain records as to services provided and total number of persons served through the 19 project, including percentage of: low income persons and very -low income persons as defined by HUD; 20 persons by ethnicity; female -headed households. Such information shall be available for periodic 21 monitoring by representatives of the COUNTY or HUD and shall be submitted in report form to 22 COUNTY on a quarterly basis. 23 D. MODIFICATIONS/1"RANSFERS 24 1. Any proposed modification or change in use of real property acquired or improved in whole 25 or in pan by CDBG funds from that planned at the time of the acquisition or improvement, including 26 disposition, must be repotted by CITY to the COUNTY and receive COUNTY concurrence thereto in 27 advance of implementing the modification or change in use. 28 29 -6- 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 9 • Contract No. EC41807 IN WITNESS WHEREOF, CITY has caused this Contract to be executed by its Mayor and attested by its Clerk; COUNTY has caused this Contract to be executed by the Director of EMA/Housing and Redevelopment, all having been duly authorized by the City Council of CITY and the Orange County Board of Supervisors. APPROVED AS TO FORM: City Of San Juan Capistrano, a political subdivsion of the State of California, CITY ATTORNEY By 1lot q Dated: By: �S Mayor Date I ATTEST: Cit} le / Dated: I I 36/rU i APPROVED AS TO FORM: COUNTY COUNSEL ORANGE COUNTY, CALIFORNIA 'JUN - 61995 BS/AB:YRXXI (6/1/95) COUNTY OF ORANGE, a subdivision of the State off( La ?usavat, Director and Redevelopment ORIGINAL R -GRANTEE p AUDITOR CONTROLLER p CLERK OF THE BOARD DATE: _ _b —29— FS— ITEM NO. �F7 BOARD RESOLUTION NO. -8- COUNTY OF ORANGE: HOUSING/REDEVELOPMENT ,.. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 0 I. GENERAL PROVISIONS A. General Compliance Exhibit "A" to ANTY/S UB RECIPIENT Contract GENERAL CONDITIONS The SUBRECIPIENT agrees to comply with all applicable federal, state and local laws regulations governing the funds provided under this contract. B. Independent Contractor Nothing contained in this Contract is intended to, or shall be construed in any manner, as 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 Contract. The COUNTY 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. C. Hold Harmless The SUBRECIPIENT shall hold harmless, defend and indemnify the GRANTEE from any claims, actions, suits, charges and judgments whatsoever that arise out of the performance or nonperformance of the services or subject matter called for in this Contract. D. Workers' Compensation The SUBRECIPIENT shall provide Workers' Compensation Insurance coverage for all involved in the performance of this contract. E. Insurance & Bondine The SUBRECIPIENT shall cavy sufficient insurance coverage to protect contract assets from loss due to theft, fraud and/or undue physical damage, and as a minimum shall purchase a blanket fidelity bond covering all employees in an amount equal to cash advances from the COUNTY. The SUBRECIPIENT shall comply with the bonding and insurance requirements of Attachment B of OMB Circular A-110, Bonding and Insurance. F. Grantor Remnition The SUBRECIPIENT shall insure recognition of the role of the grantor agency in services through this Contract. All activities, facilities and items utilized pursuant to this Contract shall be -1- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Exhibit "A" to COTWN FY/SUBRECIPIENT Contract prominently labeled as to funding source. In addition, the SUBRECIPIENT will include a reference to the support provided herein in all publications made possible with funds made available under this Contract. G. Amendments COUNTY or SUBRECIPIENT may amend this Contract at any time provided that such) amendments make specific reference to this Contract, and are executed in writing, signed by a duly authorized representative of both organizations. Such amendments shall not invalidate this Contract, nor relieve or release COUNTY or SUBRECIPIENT from its obligations under this Contract. Any proposed amendment to this Contract shall be submitted to and approved by the COUNTY, prior to commencement by COUNTY of any activity covered by said amendment. COUNTY may, in its discretion, amend this Contract to conform with federal, state or local governmental guidelines, policies and available funding amounts, or for other reasons. If such amendments result in a change in the funding, the scope of services, or schedule of, the activities to be undertaken as part of this Contract, such modifications will be incorporated only by written amendment signed by a duly authorized representative of both organizations. H. Suspension or Termination In the event of SUBRECIPIENT's failure to comply with the provisions of this Contract pursuant to 24 CFR 85.43 and 85.44, COUNTY may withhold or require SUBRECIPIENT of funds, and/or terminate this Contract, and/or allocate funds previously assigned to this Contract to project(s) within the Urban County. Either party may terminate this Contract at any time by giving written notice to the other party termination and specifying the effective date thereof at least 30 days before the effective date of Partial terminations of the Scope of Service in Paragraph I.A above may only be undertaken prior approval of (grantee). In the event of any termination for convenience, all finished or data, studies, surveys, maps, models, photographs, reports or other materials prepared under this Contract shall, at the option of the COUNTY become the property of , and SUBRECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents or materials prior to the termination. COUNTY may also suspend or terminate this Contract, in whole or in part, if SUBRECIPIENT materially fails to comply with any term of this Contract, or with any of the rules, regulations or provisions to herein; and the COUNTY may declare the SUBRECIPIENT ineligible for any further participation -2- 1 r ­ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 • Exhibit "A" to *TNTY/SUB RECIPIENT Contract in COUNTY contracts, in addition to other remedies as provided by law. In the event there is probable cause to believe the SUBRECIPIENT is in noncompliance with any applicable rules or regulations, the COUNTY may withhold up to fifteen (15) percent of said contract funds until such time as the SUBRECIPIENT is found to be in compliance by the COUNTY, or is otherwise adjudicated to be in compliance. II. ADMINISTRATIVE REQUIREMENTS A. Financial Management 1. Accounting Standards The SUBRECIPIENT agrees to comply with Attachment C of OMB Circular A-110 and adhere to the accounting principles and procedures required therein, utilize adequate internal controls, necessary source documentation for all costs incurred. 2. 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; (and if the SUBRECIPIENT is a governmental or quasi -governmental agency, the applicable sections of 24 CFR Part 85, "Uniform Administrative Requirements for Grants and Cooperative Contracts to State and Local Governments,") for all costs incurred whether charged on a direct or indirect basis. B. Documentation and Record -Keeping 1. Records to be Maintained The SUBRECIPIENT shall maintain all records required by the federal regulations specified CFR Parts 570.503(b)(2), 570.506, 570.5078 and that are pertinent to the activities to be funded under this Such records shall include but not be limited to: a. Records providing a full description of each activity undertaken; b. Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program; c. Records required to determine the eligibility of activities; d. Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance; e. Records documenting compliance with the fair housing and equal opportunity components of the CDBG program; -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Exhibit "A" to COL,.iTY/SUB RECIPIENT Contract f. Financial records as required by 24 CFR Part 570.502, and OMB Circular A-110; and g. Other records necessary to document compliance with Subpart K of 24 CFR 570. These records shall be kept available at SUBRECIPIENT's office during the project's contract period) and thereafter for three (3) years from the date SUBRECIPIENT receives final payment from this contract. 2. Retention The SUBRECIPIENT shall retain all records pertinent to expenditures incurred under this contract for a period of three (3) years after the termination of all activities funded under this Contract, or after the resolution of all Federal audit findings, which ever occurs later. Records for non -expendable property acquired with funds under this Contract shall be retained for three (3) years after final disposition of such property. Records for any displaced person must be kept for three (3) years after he/she has received final payment. 3. Client Data The SUBRECIPIENT shall maintain client data demonstrating client eligibility for services provided. Such data shall include, but not be limited to, client name, address, income level or other basis determining eligibility, and description of service provided. Such information shall be made available to COUNTY monitors or their designees for review upon request. 4. Property Records The SUBRECIPIENT shall maintain real property inventory records which clearly identify properties purchased, improved or sold. Properties retained shall continue to meet eligibility criteria and conform with the "changes in use" restrictions specified in 24 CFR Parts 570.503(b)(8). 5. National Objectives The SUBRECIPIENT agrees to maintain documentation that demonstrates that the activities carried out with funds provided under this Contract meet one or more of the CDBG program's natio. objectives: 1) benefit low/moderate income persons, 2) aid in the prevention or elimination of slums blight, 3) meet community development needs having a particular urgency - as defined in 24 CFR 570.208. 6. Close -Outs SUBRECIPIENT obligation to the COUNTY shall not end until all close-out requirements completed. Activities during this close-out period shall include, but are not limited to; making final disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, -4- • Exhibit "A" to ATY/SUBRECIPIENT Contract 1 program income balances, and receivable accounts to the COUNTY and determining the custodianship 2 records. 3 7. Audits & Inspections 4 All SUBRECIPIENT records with respect to any matters covered by this Contract shall be 5 made available to the COUNTY, grantor agency, their designees or the Federal Government, at any time 6 during normal business hours, as often as the COUNTY or grantor agency deems necessary, to audit, 7 examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be 8 fully cleared by the SUBRECIPIENT with 30 days after receipt by the SUBRECIPIENT. Failure of the 9 SUBRECIPIENT to comply with the above audit requirements will constitute a violation of this Contract and 10 may result in the withholding of future payments. The SUBRECIPIENT hereby agrees to have an annual 11 agency audit conducted in accordance with current COUNTY policy concerning SUBRECIPIENT audits. 12 C. Reporting and Payment Procedures 13 1. Bud2ets 14 The SUBRECIPIENT will submit a detailed contract budget of a form and content prescribed 15 by the COUNTY for approval by the COUNTY. The COUNTY and the SUBRECIPIENT may agree to 16 revise the budget from time to time in accordance with existing COUNTY policies. 17 2. Program Income 18 The SUBRECIPIENT shall report quarterly all program income as defined at 24 CFR 19 570.500(a) generated by activities carried out with CDBG funds made available under this Contract. The use 20 of program income by the SUBRECIPIENT shall comply with the requirements set forth at 24 CFR 570.504. 21 By way of further limitation, the SUBRECIPIENT may use such income during the contract period for 22 activities permitted under this Contract and shall reduce request for additional funds by the amount of any such 23 program income balances on hand. All unused program income shall be returned to the COUNTY at the end 24 of the contract period. Any interest earned on cash advances from the U.S. Treasury is not program income 25 and shall be remitted promptly to the COUNTY. 26 Program income generated from cash advance and/or the mere holding of CDBG funds must 27 be paid to the COUNTY per 24 CFR 570.504(c) for subsequent return to HUD. 28 Any program income generated from the sale, transfer or change in the use of assets (e.g. real 29 property) acquired or improved in whole or in part by CDBG funds must be returned to the COUNTY in 30 proportion to the CDBG contribution thereof. -5- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Exhibit "A" to COL.. TY/SUBRECIPIENT Contract The SUBRECIPIENT may retain all program income only if that program income is exclusively for eligible activities, subject to the "DIRECTOR'S" review, and in accordance with all CD requirements as may then apply. SUBRECIPIENT shall keep and maintain appropriate records on the use of any such program income as may be required by EMA staff since the COUNTY has the responsibility of monitoring and reporting program income to HUD. In the event of SUBRECIPIENT close-out or change in status of the participating SUBRECIPIENT in the Urban County CDBG Program, any program income at that time or received subsequent to the close-out or change in status shall be paid by SUBRECIPIENT to the COUNTY within 90 days thereafter. 3. Indirect Costs If indirect costs are charged, the SUBRECIPIENT will develop an indirect cost allocation plan for determining the appropriate COUNTY share of administrative costs and shall submit such plan to the COUNTY for approval. 4. Payment Procedures a. The COUNTY will pay to the SUBRECIPIENT funds available under this Contract based upon information submitted by the SUBRECIPIENT and consistent with any approved budget and COUNTY policy concerning payments. With the exception of certain advances, payments will be made for eligible actually incurred by the SUBRECIPIENT, and not to exceed actual cash requirements. Payments be adjusted by the COUNTY in accordance with advance fund and program income balances available accounts. In addition, the COUNTY reserves the right to liquidate funds available Contract for costs incurred by the COUNTY on behalf of the SUBRECIPIENT. a. Payment by the COUNTY to SUBRECIPIENT shall be on a reimbursable basis 24 II SUB RECIPIENT has been authorized and issued a cash advance at the discretion of the DIRECTOR 25 Il this Contract. 26 b. The SUBRECIPIENT is permitted one (1) cash advance under this Contract and it may be 27 made by the DIRECTOR to SUBRECIPIENT if the following conditions are met: 28 (1) SUBRECIPIENT has demonstrated to DIRECTOR through certification in a form 29 prescribed by DIRECTOR and subsequently through performance, its willingness and capacity to establish 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 • Exhibit "A" to ATNTY/S UB RECIPIENT Contract SUBRECIPIENT financial procedures that will minimize the time elapsing between the receipt of funds proper disbursement of such funds. (2) SUBRECIPIENT certifies to DIRECTOR, that SUBRECIPIENT's management system meets the standards for fund control and accountability as directed in 24 CFR 570.502(a), if a governmental Subrecipient, and 24 CFR 570.502(b), if a non-governmental recipient; and as prescribed in Office of Management and Budget Circular A-87, if a governmental Subrecipient, and Office of Management and Budget Circulars A-122 and A-21 if a non-governmental Subrecipient, as periodically amended. (3) SUBRECIPIENT complies with EMA financial cash advance procedures as by HUD in 24 CFR 85.21 Payment regulations and the United States Treasury regulations described in 31 CFR Part 205. These procedures require that upon written receipt of funds from the COUNTY, shall disburse payment(s) to vendor(s) within five (5) working days and submit evidence disbursement(s) (i.e., warrant copies, etc.) to the DIRECTOR. c. If SUBRECIPIENT is subsequently found, by DIRECTOR, to be in noncompliance 6.b.(1) through Section 6.b.(3), SUBRECIPIENT shall in the future be paid on a reimbursable basis. d. Reimbursable basis payments, as referred to in Section 6.a. and/or cash advance Section 6.b. shall be made in accordance with EMA financial procedures. In the event of conflict EMA financial procedures and any applicable statutes, rules or regulations of HUD, including Office and Budget Circular No. A-87, if a governmental Subrecipient, and Office of Management Circular's A-122 and A-21, if a non-governmental, the latter shall prevail. Where contract funds are withheld, and at the request and expense of SUBRECIPIENT, will accept securities equivalent to the amount withheld. Such substituted security, meeting requirements of Government Code Section 4590, shall be deposited with COUNTY, or with a State chartered bank as escrow agent. If security is deposited with an escrow agent, it shall be covered escrow agreement. 5. Progress Reports The SUBRECIPIENT shall submit regular Progress Reports to the COUNTY in the form, and frequency as required by the COUNTY. -7- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Exhibit "A" to COL QTY/SUB RECIPIENT Contract D. Procurement 1. Com fiance The SUBRECIPIENT shall comply with current COUNTY policy concerning the purchase equipment and shall maintain an inventory record of all non -expendable personal property as defined by as may be procured with funds provided herein. All program assets (unexpended program equipment, etc.) shall revert to the COUNTY upon termination of this Contract. 2. OMB Standards The SUBRECIPIENT shall procure materials in accordance with the requirements Attachment O of OMB Circular A-110. Procurement Standards, and shall subsequently follow Attachment N, Property Management Standards, covering utilization and disposal of property. 3. Travel The SUBRECIPIENT shall obtain written approval from the COUNTY for any travel outside the metropolitan area with funds provided under this Contract. 4. Ration, Acquisition and Displacement The SUBRECIPIENT agrees to comply with 24 CFR 570.606 relating to the acquisition and disposition of all real property utilizing grant funds, and to the displacement of persons, businesses, nonprofit organizations and farms occurring as a direct result of any acquisition of real property utilizing grant funds. The SUBRECIPIENT agrees to comply with applicable COUNTY Ordinances, Resolutions, and Policies concerning displacement of individuals from their residences. III. PERSONNEL & PARTICIPANT CONDITIONS A. Civil Rights 1. Com fiance The SUBRECIPIENT agrees to comply with Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968 as amended, Section 109 of the Title I of the Housing Community Development Act of 1974, Section 504 of the Rehabilitation Act of 1973, the Americans i Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and with Execu Order 11246 as amended by Executive Orders 11375 and 12086. 2. Nondiscrimination The SUBRECIPIENT will not discriminate against any employee or applicant for employment of race, color, creed, religion, ancestry, national origin, sex, disability or other handicap, age, marital -8- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 • Exhibit "A" to *TNTY/S UB RECIPIENT Contract status, or status with regard to public assistance. The SUBRECIPIENT will take affirmative action to all employment practices are free from such discrimination. Such employment practices include but are limited to the following: hiring, upgrading, demotion, transfer, recruitment or recruitment layoff, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The SUBRECIPIENT agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting agency setting forth the provisions of this nondiscrimination clause. 3. Section 504 The SUBRECIPIENT agrees to comply with any federal regulations issued pursuant to compliance with Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 706) which prohibits discrimination against the handicapped in any federally assisted program. The COUNTY shall provide the SUBRECIPIENT with any guidelines necessary for compliance with that portion of the regulations in force during the term of this Contract. B. Affirmative Action 1. Approved Plan The SUBRECIPIENT agrees that it shall be committed to carry out pursuant to the COUNTY specifications an Affirmative Action Program in keeping with the principles as provided in President's Executive Order 11246 of September 24, 1985. The (Grantee) shall provide Affirmative Action guidelines to the SUBRECIPIENT to assist in the formulation of such program. The SUBRECIPIENT shall submit a plan for an Affirmative Action Program for approval prior to the award of funds. The SUBRECIPIENT will use its best efforts to afford minority and women -owned the maximum practicable opportunity to participate in the performance of this Contract. As used in contract, the term "minority and female business enterprise" means a business at least fifty-one (51) owned and controlled by minority group members or women. For the purpose of this definition, group members" are Afro-Americans, Spanish speaking, Spanish surnamed or Spanish -heritage Asian -Americans, and American Indians. The Subrecipient may rely on written representations by SUBRECIPIENTs regarding their status as minority and female business enterprises in lieu of an independent investigation. In 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Exhibit "A" to COUniTY/SUBRECIPIENT Contract 3. Access to Records The SUBRECIPIENT shall fumish and cause each of its sub-SUBRECIPIENTs to famish information and reports required hereunder and will permit access to its books, records and accounts by the COUNTY, HUD or its agents, or other authorized federal officials for purposes of investigation to ascertain compliance with the rules, regulations and provisions stated herein. 4. Notifications The SUBRECIPIENT will send to each labor union or representative of workers with which has a collective bargaining Contract or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or worker's representative of the SUBRECIPIENT's commitments hereunder, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 5. EEO/AA Statement The SUBRECIPIENT will, in all solicitations or advertisements for employees placed by or behalf of the SUBRECIPIENT, state that it is an Equal Opportunity or Affirmative Action employer. 6. Subcontract Provisions The SUBRECIPIENT will include the provisions of Paragraphs VIII A, Civil Rights, and B, Affirmative Action, in every subcontract or purchase order, specifically or by reference, so that such provisions will be binding upon each subSUBRECIPIENT or vendor. C. Employment Restrictions 1. &ohibited Activity The SUBRECIPIENT is prohibited from using funds provided herein or personnel employed in the administration of the program for political activities, sectarian, or religious activities; lobbying, political patronage, and nepotism activities. 2. OSHA Where employees are engaged in activities not covered under the Occupational Safety and Health Act of 1970, they shall not be required or permitted to work, be trained, or receive services in buildings or surroundings or under working conditions which are unsanitary, hazardous or dangerous to the participants' health or safety. -10- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 • Exhibit "A" to *NTY/SUBRECIPIENT Contract 3. Labor Standards The SUBRECIPIENT agrees to comply with the requirements of the Secretary of Labor accordance with the Davis -Bacon Act as amended, the provisions of Contract Work Hours, the Safety Standards Act, the Copeland "Anti -Kickback" Act (40 U.S.C. 276, 327-333) and all other applicable federal, state and local laws and regulations pertaining to labor standards insofar as those acts apply to the performance of this Contract. The SUBRECIPIENT shall maintain documentation which demonstrates compliance with hour and wage requirements of this part. Such documentation shall be made available to the COUNTY for upon request. The SUBRECIPIENT agrees that, except with respect to the rehabilitation or construction residential property designed for residential use for less than eight (8) households, all contractors contracts in excess of $2,000.00 for construction, renovation or repair of any building or work whole or in part with assistance provided under this contract, shall comply with federal adopted by the COUNTY pertaining to such contracts and with the applicable requirements of the the Department of Labor, under 29 CFR, Parts 3, 1, 5 and 7 governing the payment of wages and ratio and trainees to journeymen; provided, that if wage rates higher than those required under are imposed by state or local law, nothing hereunder is intended to relieve the SUBRECIPIENT its obligation, if any, to require payment of the higher rate. The SUBRECIPIENT shall cause or require to inserted in full, in all such Contracts subject to such regulations, provisions meeting the requirements of this paragraph, for such Contracts in excess of $10,000.00. 4. "Section 3" Clause a. Compliance Compliance with the provisions of Section 3, the regulations set forth in 24 CFR 135, all applicable rules and orders issued hereunder prior to the execution of this Contract, shall be a condition the federal financial assistance provided under this Contract and binding upon the COUNTY, SUBRECIPIENT and any subSUBRECIPIENTs. Failure to fulfill these requirements shall subject , the SUBRECIPIENT and any subSUBRECIP1ENTs, their successors and assigns, to sanctions specified by the Contract through which federal assistance is provided. The SUB and agrees that no contractual or other disability exists which would prevent compliance with -11- Exhibit "A" to COLwTY/SUBRECIPIENT Contract 1 The SUBRECIPIENT further agrees to comply with these "Section 3" requirements and to 2 include the following language in all subcontract executed under this Contract: 3 "The work to be performed under this Contract is a project assigned under a program 4 providing direct federal financial assistance from HUD and is subject to the requirements of Section 3 of the 5 Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701. Section 3 requires that to the 6 greatest extent feasible opportunities for training and employment be given to lower income residents of the 7 project area and contracts for work in connection with the project be awarded to business concerns which are 8 located in, or owned in substantial part by persons residing in the areas of the project." 9 The SUBRECIPIENT certifies and agrees that no contractual or other disability exists 10 which would prevent compliance with the requirements. 11 b. Notifications 12 The SUBRECIPIENT agrees to send to each labor organization or representative of 13 workers with which it has a collective bargaining Contract or other contract or understanding, if any, a notice 14 advising said labor organization or worker's representative of its commitments under this Section 3 clause and 15 shall post copies of the notice in conspicuous places available to employees and applicants for employment or 16 training. 17 c. Subcontracts 18 The SUBRECIPIENT will include Section 3 clause in every subcontract and will take 19 appropriate action pursuant to the subcontract upon a finding that the subSUBRECIPIENT is in violation of 20 regulations issued .by the Grantor Agency. The SUBRECIPIENT will not subcontract with any 21 subSUBRECIPIENT where it has notice or knowledge that the latter has been found in violation of 22 regulations under 24 CFR 135 and will not let any subcontract unless the subSUBRECIPIENT has first 23 provided it with a preliminary statement of ability to comply with the requirements of these regulations. 24 D. Conduct 25 1. Assignability 26 The SUBRECIPIENT shall not assign or transfer any interest in this Contract without the prior 27 written consent of the COUNTY thereto; provided, however, that claims for money due or to become due to 28 the SUBRECIPIENT from the COUNTY under this Contract may be assigned to a bank, trust company, or 29 other financial institution without much approval. Notice of any such assignment or transfer shall be 30 furnished promptly to the COUNTY. -12- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 • Exhibit "A" to WTNTY/SUBRECIPIENT Contract 2. Hatch Act The SUBRECIPIENT agrees that no funds provided, nor personnel employed under this Contract, shall be in any way or to any extent engaged in the conduct of political activities in violation Chapter 15 of Title V United State Code. 3. Conflict of Interest The SUBRECIPIENT agrees to abide by the provisions of 24 CFR 570.611 with respect to conflicts of interest, and covenants that if presently has no financial interest and shall not acquire any financial interest, direct or indirect, which would conflict in any manner or degree with the performance of services required under this Contract. The SUBRECIPIENT further covenants that in the performance of this Contract no person having such a financial interest shall be employed or retained by the SUBRECIPIENT hereunder. These conflict of interest provisions apply to any person who is a employee, agent, consultant, officer, or elected official or appointed official of the COUNTY or of any designated public agencies or SUBRECIPIENTs which are receiving funds under the CDBG Entitlement program. 4. Subcontracts a. Approvals The SUBRECIPIENT shall not enter into any subcontracts with any agency or in the performance of this Contract without the written consent of the COUNTY prior to the execution of such Contract. b. Monitorine The SUBRECIPIENT will monitor all subcontracted services on a regular basis to assure contract compliance. Result of monitoring efforts shall be summarized in written reports and supported with documented evidence of follow-up actions taken to correct areas of the noncompliance. c. Content The SUBRECIPIENT shall cause all of the provisions of this Contract in its entirety to be included in and made a part of any subcontract executed in the performance of this Contract. d. Section Process The SUBRECIPIENT shall undertake to insure that all subcontracts let in the performance of this Contract shall be awarded on a fair and open competition basis. Executed copies of all subcontracts shall be forwarded to the COUNTY along with documentation concerning the selection process. -13- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Exhibit "A" to COL,N FY/SUBRECIPIENT Contract 5. Coj2vTight If this contract results in any copyrightable material, the COUNTY and/or grantor agency reserves the right to royalty -free, non-exclusive and irrevocable license to reproduce, publish or otherwide use and to authorize others to use, the work for government purposes. 6. The SUBRECIPIENT agrees that funds provided under this contract will not be utilized for religious activities, to promote religious interest, or for the benefit of a religious organization in accordance with the federal regulations specified in 24 CFR 570.200(j). 6. Reli sous Organization The Subrecipient agrees that funds provided under this contract will not be utilized for religious activities, to promote religious interests, or for the benefit of a religious organization in accordance with the federal regulations specified in 24 CFR 570.2000). IV. ENVIRONMENTAL CONDITIONS A. Air and Water The SUBRECIPIENT agrees to comply with the following regulations insofar as they apply to the performance of this Contract: o Clean Air Act, 42 U.S.C., 1857, et seq. o 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. o Environmental Protection Agency (EPA) regulations pursuant to 40 C.F.R, Part 50, as amended. o National Environmental Policy Act of 1969. o HUD Environmental Review Procedures (24 CFR, Part 58). o Califomia Environmental Quality Act B. Flood Disaster Protection The SUBRECIPIENT agrees to comply with the requirements of the Flood Disaster Protection of 1973 (P.L. 2234) in regard to the sale, lease or other transfer of land acquired, cleared or improved terms of this contract, as it may apply to the provisions of this contract. -14- • Exhibit "A" to WUNTY/SUBRECIPIENT Contract 1 C. Lead -Based Paint 2 The SUBRECIPIENT agrees that any construction or rehabilitation of residential structures with 3 assistance provided under this contract shall be subject to HUD Lead -Based Paint Regulations at 24 CFR 4 570.608, and 24 CFR Part 35, and in particular Sub -Pan B thereof. Such regulations pertain to all HUD - 5 assisted housing and require that all owners, prospective owners, and tenants or properties constructed prior 6 to 1978 be properly notified that such properties may include lead-based paint. Such notification shall point 7 out the hazards of lead-based paint and explain the symptoms, treatment and precautions that should be taken 8 when dealing with lead-based paint poisoning. 9 D. Historic Preservation 10 The SUBRECIPIENT agrees to comply with the Historic Preservation requirements set forth in the 11 National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 12 CFR, Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, 13 insofar as they apply to the performance of this contact. 14 In general, this requires concurrence from the State Historic Preservation Officer for all 15 rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a 16 Federal, State, or local historic property list. 17 /// 18 19 20 21 22 23 24 25 26 GI 27 (0 -15- /-""" City Boundary SC:.LE:iGENCY PISTRANOHousing & �edevelooment E VIP.ONySENT_�L 'L4�AGEMENT