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
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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
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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",
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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
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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
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TOTAL UNITS/YEAR
10 units
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• • 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
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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
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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.
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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.
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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.
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COUNTY OF ORANGE: HOUSING/REDEVELOPMENT
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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
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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
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• 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;
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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,
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• 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.
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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
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• 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.
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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
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• 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.
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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.
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• 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
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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.
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• 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.
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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.
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• 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.
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