05-0621_HABITAT FOR HUMANITY_Subrecipient Agreement 1 � •
SUBRECIPIENT AGREEMENT
AGREEMENT BETWEEN CITY OF SAN JUAN CAPISTRANO AND
HABITAT FOR HUMANITY FOR ACTIVITIES UNDER THE CDBG 2004 CDBG
GENERAL ALLOCATION GRANT AWARD.
THI #FFORDA LE H USING AGREEMENT(the"Agreement") is entered
into as of this day of 2005, by and between HABITAT FOR
HUMANITY OF ORANGE COUNTY, INC., a California non-profit, public benefit
corporation (herein called the "Subrecipient"), the CITY OF SAN JUAN CAPISTRANO, a
public body, corporate and politic (the "City"), and the SAN JUAN CAPISTRANO
COMMUNITY REDEVELOPMENT AGENCY, a public body, corporate and politic (the
"Agency"), with reference to the following:
RECITALS
WHEREAS, the City has applied for and received funds from the Community
Development Block Grant Program of the State of California's Department of Housing and
Community Development. These funds originate under the United States Government's
Title I of the Housing and Community Development Act of 1974, Public Law 93-383, and
WHEREAS, the City wishes to engage the Subrecipient to assist the City in
utilizing such Grant funds.
NOW, THEREFORE, it is agreed between the parties hereto that:
I. SCOPE OF SERVICES
A. Activities
The Subrecipient will be responsible for the activity delivery of the 2004/2005
Community Development Block Grant (CDBG) grant award program. The
activity will consist of:
Activity Delivery
New construction of an owner occupied affordable housing development.
B. NationalObiectives
The Subrecipient certifies that the activities carried out with funds provided
under this Agreement will meet one or more of the CDBG program's National
Objectives — 1) benefit low/moderate income persons, 2) aid in the
prevention or elimination of slums or blight, 3) meet community development
needs having a particular urgency— as defined in 24 CFR Part 570.208.
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C. Levels of Accomplishment
In addition to the normal administrative services required as part of this
Agreement, the Subrecipient agrees to provide program services as shown
on the Scope of Services in Attachment A.
D. Staffing
City of San Juan Capistrano will be responsible for general administration
reporting and record keeping, and maintaining fiscal records.
E. Performance Monitoring
The City will monitor the performance of the Subrecipient against goals
and performance standards required herein. Substandard performance as
determined by the City will constitute non-compliance with this
Agreement. If action to correct such substandard performance is not taken
by the Subrecipient within a reasonable period of time after being notified
by the City, contract suspension or termination procedures will be
initiated.
II. TIME OF PERFORMANCE
Services of the Subrecipient shall start on the 16th day of March, 2005 and end
on the day of December 31, 2007. The term of this Agreement and the
provisions herein shall be extended to cover any additional time period during
which the Subrecipient remains in control of CDBG funds or other assets,
including program income.
III. BUDGET
Subrecipient will provide all services necessary in the implementation of the
City's CDBG General Allocation Grant. This budget, which reflects the proposal,
includes:
New Construction of an owner-occupied affordable housing development:
$925,000 in CDBG 2004 General Allocation Grant Award of the overall
$8,970,056 development budget.
IV. PAYMENT
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It is expressly agreed and understood that the total to be paid by the City under
this contract shall not exceed $925,000 over a multi-year grant which will be paid
$462,500 (per Fiscal Year)for the construction and improvements.
Payments may be contingent upon certification of the Sub recipient's financial
management system in accordance with the standards specified in OMB Circular
A-110, Attachment F.
V. NOTICES
Communication and details concerning this contract shall be directed to the
following contract representatives:
Citv Subrecipient
Lynnette Adolphson Mark Korando
Management Analyst I Sr. Vice President of Site Dev. & Const.
City of San Juan Capistrano Habitat for Humanity— Orange County
32400 Paseo Adelanto 2165 S. Grand Avenue
San Juan Capistrano, CA 92675 Santa Ana, A 92705
Phone: (949) 443-6324 Phone: (714) 434-6200, Ext. 214
Fax: (949) 493-1053 Fax: (714) 434-1222
VI. SPECIAL CONDITIONS
A. General Compliance
The Subrecipient agrees to comply with the requirements of Title 24 of the
Code of Federal Regulations, Part 570 (the Housing and Urban
Development regulations concerning Community Development Block
Grants (CDBG)). The Subrecipient also agrees to comply with all other
applicable Federal, state and local laws, regulations, and policies
governing the funds provided under this contract. The Subrecipient further
agrees to utilize funds available under this Agreement to supplement
rather than supplant funds otherwise available.
B. "Independent Contractor"
Nothing contained in this Agreement is intended to, or shall be construed
in any manner, as creating or establishing the relationship of
employer/employee between the parties. The Subrecipient shall at all
times remain an "independent contractor" with respect to the services to
be performed under this Agreement. The Grantee 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 subrecipient.
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C. Hold Harmless
The Subrecipient shall hold harmless, defend and indemnify the City from
any and all claims, actions, suits, charges and judgments whatsoever that
arise out of the Subrecipient's performance or nonperformance of the
services or subject matter called for in this Agreement.
D. Workers' Compensation
The Subrecipient shall provide Workers' Compensation Insurance
coverage for all of its employees involved in the performance of this
contract.
E. Insurance & Bonding
The Subrecipient shall carry 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
City.
The Subrecipient shall comply with the bonding and insurance
requirements of Attachment B of OMB Circular A-110, Bonding and
Insurance.
F. Grantor Recognition
The Subrecipient shall insure recognition of the role of the grantor agency
in providing services through this contract. All activities, facilities and items
utilized pursuant to this contract shall be 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
The City or Subrecipient may amend this Agreement at any time provided
that such amendments make specific reference to this Agreement, and
are executed in writing, signed by a duly authorized representative of both
organizations, and approved by the City's governing body. Such
amendments shall not invalidate this Agreement, nor relieve or release
the City or Subrecipient from its obligations under this Agreement.
The City may, in its discretion, amend this Agreement 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
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to be undertaken as part of this Agreement, such modifications will be
incorporated only by written amendment signed by both City and
Subrecipient.
H. Suspension or Termination
Either party may terminate this contract at any time by giving written
notice to the other party of such termination and specifying the effective
date thereof at least 30 days before the effective date of such termination.
Partial termination of the Scope of Service in Paragraph 1.A above may
only be undertaken with the prior approval of the City. In the event of any
termination for convenience, all finished or unfinished documents, data,
studies, surveys, maps, models, photographs, reports or other materials
prepared by the Subrecipient under this Agreement shall, at the option of
the City, become the property of the City, and the Subrecipient shall be
entitled to receive just and equitable compensation for any satisfactory
work completed on such documents or materials prior to the termination.
The City may also suspend or terminate this Agreement, in whole or in
part, if the Subrecipient materially fails to comply with any term of this
Agreement, or with any of the rules, regulations or provisions referred to
herein; and the City may declare the Subrecipient ineligible for any further
participation in the City's 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 City 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 City, or
s otherwise adjudicated to be in compliance.
VIII. ADMINISTRATIVE REQUIREMENTS
A. Financial Management
1. Accounting Standards
The Subrecipient agrees to comply with Attachment F of OMB
Circular A-110 and agrees to adhere to the accounting principles
and procedures required therein, utilize adequate internal controls,
and maintain necessary source documentation for all costs
incurred.
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
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Institutions," as applicable. These principles shall be applied 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 in 24 CFR Part 570.506, that are pertinent to
the activities to be funded under this Agreement. 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;
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.
2. Retention
The Subrecipient shall retain all records pertinent to expenditures
incurred under this contract for a period of four (4) years from the
date the final expenditure report is submitted by the City to the
Department under the standard agreement. Records for non-
expendable property acquired with funds under this contract shall
be retained for four(4) years after final disposition of such property.
Records for any displaced person must be kept for four(4) years
after he/she has received final payment. Notwithstanding the
above, if there is litigation, claims, audits, negotiations or other
actions that involve any of the records cited and that have started
before the expiration of the four-year period, then such records
must be retained until completion of the actions and resolution of all
issues, or the expiration of the four-year period, whichever occurs
later.
3. Client Data
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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 for
determining eligibility, and description of service provided. Such
information shall be made available to City monitors or their
designees for review upon request.
4. Disclosure
The Subrecipient understands that client information collected
under this contract is private and the use or disclosure of such
information, when not directly connected with the administration of
the City's or Subrecipient's responsibilities with respect to services
provided under this contract, is prohibited by the unless written
consent is obtained from such person receiving service and, in the
case of a minor, that of a responsible parent/guardian.
5. 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
shall conform with the "changes in use" restrictions specified in
24CFR Parts 570.503(b)(8), as applicable.
6. Close-Outs
The Subrecipient's obligation to the City shall not end until all
close-out requirements are completed. Activities during this close-
out period shall include, but are not limited to: making final
payments, disposing of program assets (including the return of all
unused materials, equipment, unspent cash advances, program
income balances, and accounts receivable to the City), and
determining the custodianship of records.
7. Audits & Inspections
All Subrecipient records with respect to any matters covered by this
Agreement shall be made available to the City, grantor agency,
their designees or the Federal Government, at any time during
normal business hours, as often as the City or State deems
necessary, to audit, examine, and make excerpts or transcripts of
all relevant data. Any deficiencies noted in audit reports must be
fully cleared by the Subrecipient within 30 days after receipt by the
Subrecipient. Failure of the Subrecipient to comply with the above
audit requirements will constitute a violation of this contract and
may result in the withholding of future payments. The Subrecipient
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hereby agrees to have an annual agency audit conducted in
accordance with current Grantee policy concerning subrecipient
audits and, as applicable, OMB Circular A-133.
C. Reporting and Payment Procedures
1. Program Income
The City will be responsible for receiving, accounting, and reporting
all program income as defined at 24 CFR 570.500(a) generated by
activities carried out with CDBG funds made available under this
contract. All unused program income shall be returned to the City
at the end of the contract period. Any interest earned on cash
advances from the U.S. Treasury is not program income and shall
be remitted promptly to the City.
2. Indirect Costs
If indirect costs are charged, the Subrecipient will develop an
indirect cost allocation plan for determining the appropriate
Subrecipient's share of administrative costs and shall submit such
plan to the City for approval, in a form specified by the City.
3. Payment Procedures
The City will pay to the Subrecipient funds available under this
contract based upon information submitted by the Subrecipient and
consistent with any approved budget and City policy concerning
payments. With the exception of certain advances, payments will
be made for eligible expenses actually incurred by the
Subrecipient, and not to exceed actual cash requirements.
Payments will be adjusted by the City in accordance with advance
fund and program income balances available in Subrecipient
accounts. In addition, the City reserves the right to liquidate funds
available under this contract for costs incurred by the Grantee on
behalf of the Subrecipient.
4. Payment Procedures
The Subrecipient shall submit regular Progress Reports to the City
in the form, content, and frequency as required by the City.
D. Procurement
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1. Compliance
The Subrecipient shall comply with current City policy concerning
the purchase of equipment and shall maintain inventory records of
all non-expandable personal property as defined by such policy as
may be procured with funds provided herein. All program assets
(unexpended program income, property, equipment, etc.) shall
revert to the City upon termination of this contract.
2. OMB Standards
The Subrecipient shall procure all materials, property, or services in
accordance with the requirements of Attachment O of OMB Circular
A-110, Procurement Standards, and shall subsequently follow
Attachment N, Property Management Standards as modified by 24
CFR 570.502(b)(6), covering utilization and disposal of property.
3. Travel
The subrecipient shall obtain written approval from the City for any
travel outside the metropolitan area with funds provided under this
contract.
IX. RELOCATION REAL PROPERTY ACQUISITION AND ONE-FOR-ONE
HOUSING ELEMENT
The Subrecipient agrees to comply with (a) the Uniform Relocation Assistance
and Real Property Acquisition Policies Act of 1970, as amended (URA), and
implementing regulations at 49 CFR Part 24 and 24 CFR 570.606(b); (b) the
requirements of 24 CFR 570.606(c) governing the Residential Antidisplacement
and Relocation Assistance Plan under section 104(d) of the HCD Act; and (c) the
requirements in 570.606(d) governing optional relocation policies. [The City may
preempt the optional policies.] The Subrecipient shall provide relocation
assistance to persons (families, individuals, businesses, nonprofit organizations
and farms) that are displaced as a direct result of acquisition, rehabilitation,
demolition or conversion for a CDBG-assisted project. The Subrecipient also
agrees to comply with applicable City ordinances, resolutions and policies
concerning the displacement of persons from their residences.
X. PERSONNEL $ PARTICIPANT CONDITIONS
A. Civil Rights
1. Compliance
The Subrecipient agrees to comply with all local and state
ordinances and with Title VI of the Civil Rights Act of 1964 as
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amended, Title VIII of the Civil Rights Act of 1968 as amended,
Section 104(b) and Section 109 of Title I of the Housing and
Community Development Act of 1974 as amended,
Section 50 of the Rehabilitation Act of 1973, the Americans with
Disabilities Act of 1990, the Age Discrimination Act of 1975,
Executive Order 11063, and with Executive Order 11246 as
amended by Executive Orders 11375 and 12086.
2. Nondiscrimination
The Subrecipient will not discriminate against any employee or
applicant for employment because of race, color, creed, religion,
ancestry, national origin, sex, disability or other handicap, age,
marital/familial status, or status with regard to public assistance.
The Subrecipient will take affirmative action to insure that all
employment practices are free from such discrimination. Such
employment practices include but are not limited to the following:
hiring, upgrading, demotion, transfer, recruitment or recruitment
advertising 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. Land Covenants
This contract is subject to the requirements of Title VI of the Civil
Rights Act of 1964 (P.L. 88-352) and 24 CFR 570.601 and 602. In
regard to the sale, lease, or other transfer of land acquired, cleared
or improved with assistance provided under this contract, the
Subrecipient shall cause or require a covenant running with the
land to be inserted in the deed or lease for such transfer,
prohibiting discrimination as herein defined, in the sale, lease or
rental, or in the use or occupancy of such land, or in any
improvements erected or to be erected thereon, providing that the
City and the United States are beneficiaries of and entitled to
enforce such covenants. The Subrecipient, in undertaking its
obligation to carry out the program assisted hereunder, agrees to
take such measures as are necessary to enforce such covenant,
and will not itself so discriminate.
4. 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
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discrimination against the handicapped in any Federally assisted
program. The City 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 City's specifications an Affirmative Action Program
in keeping with the principles as provided in President's Executive
Order 11246 of September 24, 1965. 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.
2. W/MBE
The Subrecipient will use its best efforts to afford minority- and
women-owned business enterprises the maximum practicable
opportunity to participate in the performance of this contract. As
used in this contract, the term "minority and female business
enterprise' means a business at least fifty-one (51) percent owned
and controlled by minority group members or women. For the
purpose of this definition, "minority group members" are Afro-
Americans, Spanish speaking, Spanish surnamed or Spanish-
heritage Americans, Asian-Americans, and American Indians. The
Subrecipient may rely on written representations by businesses
regarding their status as minority and female business enterprises
in lieu of an independent investigation.
3. Access to Records
The Subrecipient shall furnish and cause each of its own
subrecipients or subcontractors to furnish all information and
reports required hereunder and will permit access to its books,
records and accounts by the City, HUD or its agent, or other
authorized Federal officials for purposes of investigation to
ascertain compliance with the rules, regulations and provisions
stated herein.
4. Notifications
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The Subrecipient will send to each labor union or representative of
workers with which it has a collective bargaining agreement 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 on 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 X 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 of its own subrecipients or
subcontractors.
C. Employment Restrictions
1. Prohibited 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. Labor Standards
The Subrecipient agrees to comply with the requirements of the Secretary
of Labor in accordance with the Davis-Bacon Act as amended, the
provisions of Contract Work Hours and Safety Standards Act, the
Copeland "Anti-Kickback" Act (40 U.S.C. 276a-276a-5; 40 USC 327 and
40 USC 276c) 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 Grantee for review upon request.
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The Subrecipient agrees that, except with respect to the rehabilitation or
construction of residential property containing less than eight (8) units, all
contractors engaged under contracts in excess of$2,000.00 for
construction, renovation or repair work financed in whole or in part with
assistance provided under this contract, shall comply with Federal
requirements adopted by the City pertaining to such contracts and with
the applicable requirements of the regulations of the Department of Labor,
under 29 CDR Parts 1, 3, 5 and 7 governing the payment of wages and
ratio of apprentices and trainees to journeyworkers; provided, that if wage
rates higher than those required under the regulations are imposed by
state or local law, nothing hereunder is intended to relieve the
Subrecipient of its obligation, if any, to require payment of the higher
wage. The Subrecipient shall cause or require to be inserted in full, in all
such contracts subject to such regulations, provisions meeting the
requirements of this paragraph.
3. "Section 3" Clause
a. Compliance
Compliance with the provisions of Section 3, the regulations
set forth in 24 CFR 135, and all applicable rules and orders
issued hereunder prior to the execution of this contract, shall
be a condition of the Federal financial assistance provided
under this contract and binding upon the Grantee, the
Subrecipient and any of the Subrecipient's subrecipients and
subcontractors. Failure to fulfill these requirements shall
subject the City, the Subrecipient and any of the
subrecipient's subrecipients and subcontractors, their
successors and assigns, to those sanctions specified by the
Agreement through which Federal assistance is provided.
The Subrecipient certifies and agrees that no contractual or
other disability exists which would prevent compliance with
these requirements. The Subrecipient further agrees to
comply with these "Section 3"requirements and to include
the following language in all subcontracts executed under
this agreement:
"The work to be performed under this contract is a project
assisted under a program providing direct Federal financial
assistance from HUD and is subject to the requirements of
Section 3 of the Housing and Urban Development Act of
1968, as amended, 12 U.S.C.1701. Section 3 requires that
to the greatest extent feasible opportunities for training and
employment be given to low-and very low-income residents
of the project area and contracts for work in connection with
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the project be awarded to business concerns that provide
economic opportunities for low- and very low-income
persons residing in the metropolitan area in which the
project is located."
The Subrecipient further agrees to ensure that opportunities
for training and employment arising in connection with a
housing rehabilitation (including reduction and abatement of
lead-based paint hazards),housing construction, or other
public construction project are given to low- and very low-
income persons residing within the metropolitan area in
which the CDBG-funded project is located; where feasible,
priority should be given to low- and very low-income persons
within the service area of the project or the neighborhood in
which the project is located, and to low and very low-income
participants in other HUD programs; and award contracts for
work undertaken in connection with a housing rehabilitation
(including reduction and abatement of lead-based paint
hazards),housing construction, or other public construction
project are given to business concerns that provide
economic opportunities for low- and very low-income
persons residing within the metropolitan area in which the
CDBG-funded project is located; where feasible, priority
should be given to business concerns which provide
economic opportunities to low- and very low income
residents within the service area or the neighborhood in
which the project is located, and to low and very low-income
participants in other HUD programs. The Subrecipient
certifies and agrees that no contractual or other legal
incapacity exists which would prevent compliance with these
requirements.
b. Notifications
The Subrecipient agrees to send to each labor organization
or representative of workers with which it has a collective
bargaining agreement or other contract or understanding, if
any, a notice advising said labor organization or worker's
representative of its commitments under this Section 3
clause and shall post copies of the notice in conspicuous
places available to employees and applicants for
employment or training.
C. Subcontracts
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The Subrecipient will include this Section 3 clause in every
subcontract and will take appropriate action pursuant to the
subcontract upon a finding that the subcontractor is in
violation of regulations issued by the grantor agency. The
Subrecipient will not subcontract with any entity where it has
notice or knowledge that the latter has been found in
violation of regulations under 24 CFR 135 and will not let
any subcontract unless the entity has first provided it with a
preliminary statement of ability to comply with the
requirements of these regulations.
D. Conduct
1. Assignability
The Subrecipient shall not assign or transfer any interest in this
contract without the prior written consent of the City thereto;
provided, however, that claims for money due or to become due to
the Subrecipient from the City under this contract may be assigned
to a bank, trust company, or other financial institution without such
approval. Notice of any such assignment or transfer shall be
furnished promptly to the City.
2. Subcontractors
a. Approvals
The Subrecipient shall not enter into any subcontracts with
any agency or individual in the performance if this contract
without the written consent of the City prior to the execution
of such agreement.
b. Monitoring
The Subrecipient will monitor all subcontracted services on a
regular basis to assure contract compliance. Results of
monitoring efforts shall be summarized in written reports and
supported with documented evidence of follow-up actions
taken to correct areas of 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
Agreement.
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d. Selection Process
The Subrecipient shall undertake to insure that all
subcontracts let in the performance of this Agreement shall
be awarded on a fair and open competition basis. Executed
copies of all subcontracts shall be forwarded to the City
along with documentation concerning the selection process.
3. 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 of Chapter
15 of Title V United States Code.
4. 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 it
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 Agreement. The Subrecipient further covenants that in the
performance of this agreement 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 an employee, agent, consultant, officer, or elected
official or appointed official of the City, or of any designated public
agencies or subrecipients that are receiving funds under the State
CDBG program.
5. Lobbying
The Subrecipient hereby certifies that:
a. No Federal appropriated funds have been paid or will be
paid, by or on behalf of it, to any person for influencing or
attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in
connection with the awarding of any Federal contract, the
making of any Federal grant, the making of any Federal
loan, the entering into of any cooperative agreement, and
the extension, continuation, renewal, amendment, or
modification of any Federal contract, grant, loan, or
cooperative agreement;
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b. If any funds other than Federal appropriated funds have
been paid or will be paid to any persons for influencing or
attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or
cooperative agreement, it will complete and submit Standard
Form-LLL, "Disclosure Form to Report Lobbying," in
accordance with its instructions;
C. It will require that the language of paragraph (d) of this
certification be included in the award documents for all
subawards at all tiers (including subcontracts, subgrants,
and contracts under grants, loans, and cooperative
agreements) and that all subrecipients shall certify and
disclose accordingly; and
d. Lobbvinq Certification - Paragraph d
This certification is a material representation of fact upon
which reliance was placed when this transaction was made
or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction
imposed by section 1352, title 31, U.S. Code. Any person
who fails to file the required certification shall be subject to a
civil penalty of not less than $10,000 and not more than
$100,000 for each such failure.
6. Copyright
If this contract results in any copyrightable material or inventions,
the City and/or grantor agency reserves the right to royalty-free,
non-exclusive and irrevocable license to reproduce, publish or
otherwise use and to authorize others to use, the work or materials
for government purposes.
7. Relftious 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)
XI. ENVIRONMENTAL CONDITIONS
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A. Air and Water
The Subrecipient agrees to comply with the following requirements insofar
as they apply to the performance of this contract:
- Clean Air Act, 42 U.S.C., 7401, et seq.
- 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
hereunder.
- Environmental Protection Agency (EPA) regulations pursuant to 40
C.F.R., Part 50, as amended.
B. Flood Disaster Protection
In accordance with the requirements of the Flood Disaster Protection Act
of 1973 (42 USC 4001), the Subrecipient shall assure that for activities
located in an area identified by FEMA as having special flood hazards,
flood insurance under the National Flood Insurance Program is obtained
and maintained as a condition of financial assistance for acquisition or
construction purposes (including rehabilitation).
C. Lead-Based Paint
The Subrecipient agrees that any construction or rehabilitation of
residential structures with assistance provided under this contract shall be
subject to HUD Lead-Based Paint Regulations at 24 CFR 570.608, and 24
CFR Part 35. Such regulations pertain to all HUD-assisted housing and
require that all owners, prospective owners, and tenants of properties
constructed prior to 1978 be properly notified that such properties may
include lead-based paint. Such notification shall point out the hazards of
lead-based paint and explain the symptoms, treatment and precautions
that should be taken when dealing with lead-based paint poisoning and
advisability and availability of blood level screening for children under
seven. The notice should also point out that if lead-based paint is found
on the property, abatement measures may be undertaken.
D. Historic Preservation
The Subrecipient agrees to comply with the Historic Preservation
requirements et forth in the National Historic Preservation Act of 1966, as
amended (16 U.S.C. 470) and the procedures set forth in 36 CFR, Part
800, Advisory Council Historic Preservation Procedures for Protection of
Historic Properties, insofar as they apply to the performance of this
contract.
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In general, this requires concurrence from the State Historic Preservation
Officer for all rehabilitation and demolition of historic properties that are
fifty years old or older or that are included on a Federal, state, or local
historic property list.
XII. SEVERABILITY
If any provision of this Agreement is held invalid, the reminder of the Agreement
shall not be affected thereby and all other parts of this Agreement shall
nevertheless be in full force and effect.
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IN WITNESS WHEREOF, the Parties have executed this contract as of the date first
written above.
City of San Juan Capistrano Habitat for Humanity of Orange
County, Inc.
By: �'w ^-�� u� *ih
-4
David F. Adams L. Perring
Title: City Manager an of the B rd
Attes . 2 v V
erg ret R. Monahan, City Clerk
APPROVED AS TO FORM
John R. Sh t,
City Attorney
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ATTACHMENT A
SCOPE OF SERVICES
For
ACTIVITY DELIVERY OF THE 2004/2005 CDBG GENERAL ALLOCATION GRANT
New construction of units for an owner occupied affordable housing development.
The scope of work for this agreement will include:
❑ Assemble development team:
1. procurement of architect
2. procurement of general contractor
s. procurement of construction manager if necessary
❑ Secure financing sources:
t. apply for other funds as needed
❑ Obtain proper entitlements:
i. obtain rezone and any necessary variances
❑ Oversee construction through completion:
1. obtain proper building permits
2. attend construction meetings
s. ensure compliance with prevailing labor wage standards
4. obtain certificate of occupancy
Final product
The final product will be new construction of units for an owner-occupied affordable
housing development.
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