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1995-0101_ORANGE , COUNTY OF_Memorandum of ContractY I Contract No. EC41688 2 3 COUNTY OF ORANGE ENVIRONMENTAL MANAGEMENT AGENCY 4 HOUSING AND REDEVELOPMENT CITY ADMINISTERED REHABILITATION 5 (HOME Program Year III) 6 TITLE OF PROJECT: City Of San Juan Capistrano - Rehabilitation of Single Family Residence 7 8 9 MEMORANDUM OF CONTRACT, entered into this day of J pts u o� P -Y 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 has applied for and received funds from the United States 21 Government pursuant to the HOME Investment Partnership Program (enacted by the National 22 Affordable Housing Act of 1990), hereinafter referred to as "HOME", and 23 WHEREAS, COUNTY and CITY previously entered into a Cooperation Agreement dated 24 July 21, 1993 which both parties agreed to cooperate in the undertaking, or assist in the 25 undertaking, of community development and housing assistance activities, and 26 WHEREAS, the CITY has submitted to the COUNTY an application for funding of a 27 project hereinafter described, and 28 WHEREAS, the COUNTY adopted its FINAL STATEMENT OF COMMUNITY 29 DEVELOPMENT OBJECTIVES AND PROJECTED USE OF FUNDS on May 17, 1994 by 30 Resolution No. 94-588 which sets forth the PROJECT described herein, and -1- 1 2 3 4 5 6 7 8 a 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Y '• M Contract No. EC41688 WHEREAS, HUD has accepted and certified the aforementioned FINAL STATEMENT. 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 it "A", and Exhibit "B", are part of this Contract. SCOPE OF SERVICES ACTIVITIES The CITY will act as PROJECT MANAGER and, furthermore, will be responsible for a HOME Year III Housing Rehabilitation project described herein, which will provide loans, deferred payment loans, grants or rebates for home improvement of privately owned properties within the CITY's boundaries (see attached map, Exhibit "B"). All rehabilitation of family residential units will benefit low- and moderate -income families as defined and revised by HUD. Project development and management costs are included. Such program will the following activity eligible under the HOME Program: DELIVERY Activity No. I - Single Family Housing Rehabilitation HOME Program ADMINISTRATION The CITY will manage it's HOME Investment Partnership rehabilitation funds to implement the Rehabilitation Project. LEVELS OF ACCOMPLISHMENT In addition to the normal administrative services required as part of this Contract, the CITY to provide the following levels of program services: ACTIVITY UNITS PER MONTH* TOTAL UNITS/YEAR Housing Rehabilitation (HOME) 10 Units IC. BUDGET This contract is in an amount not to exceed $80,000.00 (Eighty thousand dollars and 00 cents). Funds shall be used for the following items: Costs relating to construction of projects, supplies and materials -2- r 1 Contract No. EC41688 2 D. PERFORMANCE MONITORING 3 The COUNTY will, in accordance with Section III., A. of this contract, monitor the 4 performance of the CITY against goals of the performance standards required herein. Substandard 5 performance as determined by the COUNTY constitutes noncompliance with this contract. COUNTY 6 may terminate this contract pursuant to Section H. of Exhibit "A" (General Conditions), attached 7 herewith. 8 H. TIME OF PERFORMANCE 9 Services of the CITY shall start on January 1, 1995 and end on December 31, 1995. The term 10 of this contract and the provisions herein shall be extended to cover any additional time period during 11 which the CITY remains in control of HOME funds or other assets including program income. 12 III. PAYMENT 13 A. It is expressly agreed and understood that the total amount to be paid by the COUNTY under this 14 contract shall not exceed the amount stated in Section I. C. of this contract. Draw downs for the 15 payment of eligible costs shall be made against the line item budgets specified in Section L D. herein 16 and in accordance with Exhibit "A" attached and in accordance with monthly performance reports. 17 Expenses for general administration shall also be paid against the line item budgets specified in Section 18 I. D. and in accordance with performance. 19 B. REIMBURSEMENT 20 1. On a monthly basis CITY may invoice to COUNTY for reimbursement of eligible costs (per 21 Section I. D. above). Concurrent with its request for the aforementioned funds, CITY shall submit to 22 COUNTY the following support documentation (copies of): paid invoices, receipts, payroll records, 23 bank statements, cancelled checks and other items adequate to document project expenditures. CITY 24 shall also provide a monthly performance report addressing its level of performance with each activity 25 undertaken relative to the Scope of Services set forth in Section 1. herein, including Grantee 26 Performance Direct Benefit Activity information. Reimbursement of eligible expenses shall be made 27 against the items specified in Exhibit "A" - Administrative Requirement (Section II.A.2.). 28 29 30 -3- , f • 1 Contract No. EC41688 2 1 lbank statements, cancelled checks and other items adequate to document project expenditures. CITY 3 4 5 6 7. 8i 9' 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Iu also provide a monthly performance report addressing its level of performance with each activity relative to the Scope of Services set forth in Section I. herein, including Grantee Performance Benefit Activity information. Reimbursement of eligible expenses shall be made against the items ed in Exhibit "A" - Administrative Requirement (Section II.A.2.). NOTICES Communication and details concerning this contract shall be directed to the following contract A. TO COUNTY: County of Orange Environmental Management Agency Housing and Redevelopment Function 1200 North Main Street, Suite 600 Santa Ana, CA 92701 Attn: Chief, Grant Management Section B. TO CITY: City Of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: Mary Raskin SPECIAL CONDITIONS The CITY agrees to comply with the requirements of Title 24 Code of Federal Regulations, 570 of the Department of Housing and Urban Development regulations concerning HOME and all 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. DEFINITIONS the PURPOSES OF THIS CONTRACT the following definitions shall apply: 1. 'PROJECT MANAGER": The party responsible for, but whose responsibility is not limited 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. 3. 'REIMBURSABLE BASIS": The CITY will provide the funds for the project and submit of payment to the COUNTY, whereby upon approval, the COUNTY will forward HOME funds repay the CITY. KIM 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 0 Contract No. EC41688 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. 1M PROJECT FUNDING 1. Invoices for all approved project costs funded by the grant under this Contract shall be I I 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 I I 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 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 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 HOME 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 28 Contract. 29 30 1(( 31 -5- 1 2 3 4 5 6 7 8 9 10 t 12 13 14 15 16 17 18 19 20 21 22 23 24 251 26 27 28 29 30 31 0 • Contract No. EC41688 4. If this contract is a construction project, submit the Construction Bid Package for this project to DIRECTOR for review prior to advertising for bids on the construction contract or prior to award of a contract if an alternative method of award is used. CITY shall not advertise for bids until has approved Construction Bid Package. CITY shall construct project in accordance with Construction Bid Package which DIRECTOR approved unless prior written approval is received DIRECTOR for modification therefrom. 5. That this Contract is conditional upon COUNTY being funded by HUD, and the release of to COUNTY. 6. That this Contract is also conditional upon complying with HUD Environmental Review HUD regulations at Title 24 CFR, Parts 50 and 58 which implement Section 102 (2)(c) of the Environmental Policy Act of 1969. 7. To provide requested materials to COUNTY for the Environmental Review process requested by HUD. This process may take-up ninety (90) days. MODIFICATIONS/I'RANSFERS 1. Any proposed modification or change in use of real property acquired or improved in whole in part by HOME funds from that planned at the time of the acquisition or improvement, including disposition, must be reported by CITY to the COUNTY and receive COUNTY concurrence thereto in advance of implementing the modification or change in use. 2. The CITY shall transfer to COUNTY any HOME funds on hand at the time of Contract expiration and any accounts receivable attributable to the use of HOME funds. The CITY shall ensure that any real property under the CITY's control that was acquired or improved in whole or in part with HOME funds in excess of $25,000 is either: (a) Used to meet one of the national objectives in 24 CFR 570.208 until five years after expiration of the contract; or, (b) Is disposed of in a manner which results in the COUNTY being reimbursed in the amount of the current fair market value of the property less any portion thereof attributable to expenditures of non - HOME funds for acquisition of, or improvement to, the property. Such reimbursement is not required after the period of time specified in accordance with 2(a) above. -6- I Contract No. EC41698 2 E. AUDIT 3 1. CITY shall obtain an annual audit performed in accordance with OMB Circular A-128 and 4 forward a copy to DIRECTOR within 180 days after the end of each accounting year. DIRECTOR 5 shall have the right to ensure that necessary corrective actions are made by the CITY for any audit 6 findings pertinent to CITY handling of funding attributable to the HOME Program per Federal 7 requirements. 8 F. AFFORDABILTI'Y 9 Activities associated with the subject HOME Program dictate that the project be designated as 10 "affordable" for a minimum of 5 years, beginning after project completion and occupation. Rent 11 limitations shall remain in effect for not less than the appropriate period, as specified in 12 Section V. A.(a.)(5.) of Exhibit "A". 13 G. RENTAL 14 The rental housing property must be "affordable" for a minimum of 5 years as defined in 24 CFR 15 Part 92.252. In the event the property does not remain affordable for a minimum of 5 years, the 16 outstanding principal and interest, if any, is due and payable. 17 18 19 20 21 111 22 23 24 /// 25 //! 26 27 28 29 30 !II 31 -7- , Exhibit "A" to COUNTY/SUBRECIPIENT HOME Contract 1 GENERAL CONDITIONS 2 3 I. GENERAL PROVISIONS 4 A. General Compliance 5 The SUBRECIPIENT agrees to comply with all applicable federal, state and local laws and 6 regulations governing the funds provided under this contract 7 B. Independent Contractor 8 Nothing contained in this Contract is intended to, or shall be construed in any manner, as 9 creating or establishing the relationship of employer/employee between the parties. The SUBRECIPIENT 10 shall at all times remain an independent contractor with respect to the services to be performed under this 11 Contract. The COUNTY shall be exempt from payment of all Unemployment Compensation, FICA, 12 retirement, life and/or medical insurance and Workers' Compensation Insurance as the SUB RECIPIENT 13 is an independent contractor. 14 C. Hold Harmless 15 The SUBRECIPIENT shall hold harmless, defend and indemnify the GRANTEE from any all 16 claims, actions, suits, charges and judgments whatsoever that arise out of the SUBRECIPIENT's 17 performance or nonperformance of the services or subject matter called for in this Contract. 18 D. Workers' Compensation 19 The SUBRECIPIENT shall provide Workers' Compensation Insurance coverage for all 20 employees involved in the performance of this contract. 21 E. Insurance & Bondine 22 The SUBRECIPIENT shall carry sufficient insurance coverage to protect contract assets from 23 loss due to theft, fraud and/or undue physical damage, and as a minimum shall purchase a blanket fidelity 24 bond covering all employees in an amount equal to cash advances from the COUNTY. 25 The SUBRECIPIENT shall comply with the bonding and insurance requirements of 26 Attachment B of OMB Circular A-110, Bonding and Insurance. 27 /// 28 1/// -1- Exhibit "A" to COUNTY/SUBRECIPIENT HOME Contract 1 F. Grantor Recognition 2 The SUBRECIPIENT shall insure recognition of the role of the grantor agency in providing 3 services through this Contract. All activities, facilities and items utilized pursuant to this Contract shall be 4 prominently labeled as to funding source. In addition, the SUBRECIPIENT will include a reference to the 5 support provided herein in all publications made possible with funds made available under this Contract. 6 G. Amendments 7 COUNTY or SUBRECIPIENT may amend this Contract at any time provided that such 8 amendments make specific reference to this Contract, and are executed in writing, signed by a duly 9 authorized representative of both organizations, and approved by the COUNTY's governing body. Such 10 amendments shall not invalidate this Contract, nor relieve or release COUNTY or SUBRECIPIENT from 11 its obligations under this Contract. Any proposed amendment to this Contract shall be submitted to and 12 approved by the COUNTY, prior to commencement by COUNTY of any activity covered by said 13 amendment. 14 COUNTY may, in its discretion, amend this Contract to conform with federal, state or local 15 governmental guidelines, policies and available funding amounts, or for other reasons. If such 16 amendments result in a change in the funding, the scope of services, or schedule of, the activities to be 17 undertaken as part of this Contract, such modifications will be incorporated only by written amendment' 18 signed by a duly authorized representative of both organizations, and approved by the COUNTY's 19 governing body. 20 H. Sus2cnsion or Termination 21 In the event of SUBRECIPIENTs failure to comply with the provisions of this Contract and 22 pursuant to 24 CFR 85.43 and 85.44, COUNTY may withhold or require SUBRECIPIENT 23 reimbursement of funds, and/or terminate this Contract, and/or allocate funds previously assigned to this 24 Contract to another eligible project(s) within the Urban County. 25 Either party may terminate this Contract at any time by giving written notice to the other party 26 of such termination and specifying the effective date thereof at least 30 days before the effective date of 27 such termination. Partial terminations of the Scope of Service in Paragraph I.A above may only be 28 undertaken with the prior approval of (grantee). In the event of any termination for convenience, all -2- 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 0 0 Exhibit "A" to COUNTY/SUBRECIPIENT HOME Contract finished or unfinished documents, data, studies, surveys, maps, models, photographs, reports or prepared by SUBRECIPIENT under this Contract shall, at the option of the COUNTY become property of the COUNTY, and SUBRECIPIENT shall be entitled to receive just and equitable for any satisfactory work completed on such documents or materials prior to the COUNTY may also suspend or terminate this Contract, in whole or in part, materially fails to comply with any term of this Contract, or with any of the or provisions referred to herein; and the COUNTY may declare the S for any further participation 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 funds until such time as the SUBRECIPIENT is found to be in compliance by the COUNTY, or )therwise 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 agrees to adhere to the accounting principles and procedures required therein, utilize adequate controls, and maintain necessary source documentation for all costs incurred. The SUBRECERENT 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. 28 IN -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 Exhibit "A" to COUNTY/SUBRECIPIENT HOME B. Documentation and Record -Keeping 1. Records to be Maintained The SUBRECIPIENT shall maintain all records required by the federal regulations in 24 CFR Parts 570.503(b)(2), 570.506, 570.5078 and that are pertinent to the activities to be under this Contract. 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 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 opportunit 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. These records shall be kept available at SUBRECIPIENT's office during the project's com and thereafter for three (3) years from the date SUBRECIPIENT receives final payment from 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 -4- 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 0 0 Exhibit "A" to COUNTY/SUBRECIPIENT HOME determining eligibility, and description of service provided. Such information shall be made available COUNTY monitors or their designees for review upon request. The SUBRECIPIENT shall maintain real property inventory records which clearly purchased, improved or sold. Properties retained shall continue to meet eligibility criteria shall conform with the "changes in use" restrictions specified in 24 CFR Parts 570.503(b)(8). The SUBRECIPIENT agrees to maintain documentation that demonstrates that activities carried out with funds provided under this Contract meet one or more of the CDBG prograr national objectives: 1) benefit low/moderate income persons, 2) aid in the prevention or elimination slums or blight, 3) meet community development needs having a particular urgency - as defined in CFR Part 570.208. 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 payments, disposing of program assets (including the return of all unused materials, equipment, cash advances, program income balances, and receivable accounts to the COUNTY and determining the custodianship of records. All SUBRECIPIENT records with respect to any matters covered by this Contract shall made available to the COUNTY, grantor agency, their designees or the Federal Government, at any time during normal business hours, as often as the COUNTY or grantor agency deems necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports be fully cleared by the SUBRECIPIENT with 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 hereby agmes have an annual agency audit conducted in accordance with current COUNTY policy audits. &Z 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 Exhibit "A" to COUNTY/SUBRECIPIENT HOME Contractl C. Rep ring and Payment Procedures The SUBRECIPIENT will submit a detailed contract budget of a form and content) by the COUNTY for approval by the COUNTY. The COUNTY and the agree to revise the budget from time to time in accordance with existing COUNTY policies. The SUBRECIPIENT shall report quarterly all program income as defined at 24 CFR generated by activities carried out with CDBG funds made available under this Contract. The use of program income by the SUBRECIPIENT shall comply with the requirements set forth at 24 CFR By way of further limitation, the SUBRECIPIENT may use such income during the contract for activities permitted under this Contract and shall reduce request for additional funds by the of any such program income balances on hand. All unused program income shall be returned COUNTY at the end of the contract period. Any interest earned on cash advances from the U.S. is not program income and shall be remitted promptly to the COUNTY. Program income generated from cash advance and/or the mere holding of CDBG funds be paid to the COUNTY per 24 CFR 570.504(c) for subsequent return to HUD. Any program income generated from the sale, transfer or change in the use of assets (e.g. real property) acquired or improved in whole or in part by CDBG funds must be returned to the in proportion to the CDBG contribution thereof. 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 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 .t that time or received 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 • Exhibit "A" to COUAISUBRECIPIENT HOME Contractl to the close-out or change in status shall be paid by SUBRECIPIENT to the COUNTY within days thereafter. MGf_��Z. If indirect costs are charged, the SUBRECIPIENT will develop an indirect cost allocation for determining the appropriate COUNTY share of administrative costs and shall submit such plan COUNTY for approval. a. The COUNTY will pay to the SUBRECIPIENT funds available under this based upon information submitted by the SUBRECIPIENT and consistent with any approved budget COUNTY policy concerning payments. With the exception of certain advances, payments will be made for eligible expenses actually incurred by the SUBRECIPTENT, and not to exceed actual Payments will be adjusted by the COUNTY in accordance with advance fund and program income balances available in SUBRECIPIENT accounts. In addition, the COUNTY reserves the right liquidate funds available under this Contract for costs incurred by the COUNTY on behalf of SUBRECIPIENT. a. Payment by the COUNTY to SUBRECIPIENT shall be on a reimbursable basis unless SUBRECIPIENT has been authorized and issued a cash advance at the discretion of the under this Contract. b. The SUBRECIPIENT is permitted one (1) cash advance under this Contract and it may be made by the DIRECTOR to SUBRECIPIENT if the following conditions are met: (1) SUBRECIPIENT has demonstrated to DIRECTOR through certification in form prescribed by DIRECTOR and subsequently through performance, its willingness and capacity establish SUBRECIPIENT financial procedures that will minimize the time elapsing between the receipt funds and proper disbursement of such funds. (2) SUBRECIPIENT certifies to DIRECTOR, that SUBRECIPIENTs 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 -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 Exhibit "A" to COUNTY/SUBRECIPIENT HOME of Management and Budget Circulars A-122 and A-21 if a non-governmental Subrecipient, (3) SUBRECIPIENT complies with EMA financial cash advance procedures I by HUD in 24 CFR 85.21 Payment regulations and the United States Treasury regulati ed in 31 CFR Part 205. These procedures require that upon written receipt of funds from TY, SUBRECIPIENT shall disburse payment(s) to vendor(s) within five (5) working days evidence of such disbursement(s) (i.e., warrant copies, etc.) to the DIRECTOR. c. If SUBRECIPIENT is subsequently found, by DIRECTOR, to be in Section 6.b.(1) through Section 6.b.(3), SUBRECIPIENT shall in the future be paid on basis. d. Reimbursable basis payments, as referred to in Section 6.a. and/or cash in Section 6.b. shall be made in accordance with EMA financial procedures. In the event :t between EMA financial procedures and any applicable statutes, rules or regulations of HUD ing Office of Management and Budget Circular No. A-87, if a governmental Subrecipient, anc of Management Budget 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 TY will accept securities equivalent to the amount withheld. Such substituted security, meeting tlx 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 by an escrow agreement. ;AL7Trj_,4T1 The SUBRECIPIENT shall submit regular Progress Reports to the COUNTY in the form, content, and frequency as required by the COUNTY. Win. n i The SUBRECIPIENT shall comply with current COUNTY policy concerning the purchase equipment and shall maintain an inventory record of 0 non -expendable personal property as defined El 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 0 0 Exhibit "A" to COUNTY/SUBRECIPIENT HOME Contract) such policy as may be procured with funds provided herein. All program assets (unexpended program property, equipment, etc.) shall revert to the COUNTY upon termination of this Contract. The SUBRECIPIENT shall procure materials in accordance with the requirements O of OMB Circular A-110. Procurement Standards, and shall subsequently follow Property Management Standards, covering utilization and disposal of property. 3. Travel The SUBRECIPIENT shall obtain written approval from the COUNTY for any travel the metropolitan area with funds provided under this Contract UWQ The SUBRECIPIENT agrees to comply with 24 CFR 570.606 relating to the acquisition disposition of all teal 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 grant funds. The SUBRECIPIENT agrees to comply with applicable COUNTY Ordinances, Res and Policies concerning displacement of individuals from their residences. III. PERSONNEL & PARTICIPANT CONDITIONS 1. Compliance The SUBRECIPIENT agrees to comply with Title VI of the Civil Rights Act of 1964 as Title VIII of the Civil Rights Act of 1968 as amended, Section 109 of the Title I of the Community Development Act of 1974, Section 504 of the Rehabilitation Act of 1973, the with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and Order 11246 as amended by Executive Orders 11375 and 12086. The SUBRECIPIENT will not discriminate against any employee or applicant employment because of race, color, creed, religion, ancestry, national origin, sex, disability or handicap, age, marital 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 ma Exhibit "A" to COUNTY/SUBRECIPIENT HOME Contract 1 employment practices include but are not limited to the following: hiring, upgrading, demotion, transfer, 2 recruitment or recruitment advertising, layoff, termination, rates of pay or other forms of compensation, 3 and selection for training, including apprenticeship. The SUBRECIPIENT agrees to post in conspicuous 4 places, available to employees and applicants for employment, notices to be provided by the contracting 5 agency setting forth the provisions of this nondiscrimination clause. 6 3. Section 504 7 The SUBRECIPIENT agrees to comply with any federal regulations issued pursuant to 8 compliance with Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 706) which prohibits 9 discrimination against the handicapped in any federally assisted program. The COUNTY shall provide the 10 SU13RECIPIENT with any guidelines necessary for compliance with that portion of the regulations in 11 force during the term of this Contract. 12 B. Affirmative Action 13 1. Apuroved Plan 14 The SUBRECIPIENT agrees that it shall be committed to carry out pursuant to the 15 COUNTY specifications an Affirmative Action Program in keeping with the principles as provided in 16 President's Executive Order 11246 of September 24, 1985. The (Grantee) shall provide Affirmative 17 Action guidelines to the SUBRECIPIENT to assist in the formulation of such program. The 18 SUBRECIPIENT shall submit a plan for an Affirmative Action Program for approval prior to the award of 19 funds. 20 2. Vim$ 21 The SUBRECIPIENT will use its best efforts to afford minority and women -owned 22 business enterprises the maximum practicable opportunity to participate in the performance of this 23 Contract. As used in this contract, the term "minority and female business enterprise" means a business at 24 least fifty-one (5 1) percent owned and controlled by minority group members or women. For the purpose 25 of this definition, "minority group members" are Afro-Americans, Spanish speaking, Spanish surnamed 26 or Spanish -heritage Americans, Asian -Americans, and American Indians. The Subrecipient may rely on 27 written representations by SUBRECIPIENTs regarding their status as minority and female business 28 enterprises in lieu of an independent investigation. -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 0 0 Exhibit "A" to COUNTY/SUBRECIPIENT HOME The SUBRECIPIENT shall furnish and cause each of its sub-SUBRECIPIENTs to information and reports required hereunder and will permit access to its books, records and accounts COUNTY, HUD or its agents, or other authorized federal officials for purposes of investigation compliance with the rules, regulations and provisions stated herein. 4. Notifications The SUBRECIPIENT will send to each labor union or representative of workers with it has a collective bargaining Contract or other contract or understanding, a notice, to be provided the agency contracting officer, advising the labor union or worker's representative of SUBRECIPIENT's commitments hereunder, and shall post copies of the notice in conspicuous available to employees and applicants for employment. 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. MMO The SUBRECIPIENT will include the provisions of Paragraphs VIII A, Civil Rights, B, Affirmative Action, in every subcontract or purchase order, specifically or by reference, so that will be binding upon each subSUBRECIPIENT or vendor. n • !SI - ! Y�Z 1 Ems:O' i I The SUBRECIPIENT is prohibited from using funds provided herein or personnel in the administration of the program for political activities, sectarian, or religious activities; lobbying, political patronage, and nepotism activities. Where employees are engaged in activities not covered under the Occupational Safety 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 the participants' health or safety. -11- Exhibit "A" to COUNTY/SUBRECIPIENT HOME Contract 1 3. Labor Standards 2 The SUBRECIPIENT agrees to comply with the requirements of the Secretary of Labor in 3 laccordance with the Davis -Bacon Act as amended, the provisions of Contract Work Hours, the Safety 4 Standards Act, the Copeland "Anti -Kickback" Act (40 U.S.C. 276, 327-333) and all other applica 5 federal, state and local laws and regulations pertaining to labor standards insofar as those acts apply to 6 Performance of this Contract. The SUBRECIPIENT shall maintain documentation which demonstn 7 compliance with hour and wage requirements of this part. Such documentation shall be made available to 8 the COUNTY for review upon request. 9 The SUBRECIPIENT agrees that, except with respect to the rehabilitation or construction 10 of residential property designed for residential use for less than eight (8) households, all contractors 11 engaged under contracts in excess of $2,000.00 for construction, renovation or repair of any building or 12 work financed in whole or in part with assistance provided under this contract, shall comply with federal 13 requirements adopted by the COUNTY pertaining to such contracts and with the applicable requirements 14 of the regulations of the Department of Labor, under 29 CFR, Parts 3, 1, 5 and 7 governing the payment) 15 of wages and ratio of apprentices and trainees to journeymen; provided, that if wage rates higher than 16 those required under the regulations are imposed by state or local law, nothing hereunder is intended to 17 relieve the SUBRECIPIENT of its obligation, if any, to require payment of the higher rate. The 18 SUBRECIPIENT shall cause or require to be inserted in full, in all such Contracts subject to such 19 regulations, provisions meeting the requirements of this paragraph, for such Contracts in excess of 20 $10,000.00. 21 4. "Section 3" Clause 22 a. Compliance 23 Compliance with the provisions of Section 3, the regulations set forth in 24 CFR 135, 24 and all applicable rules and orders issued hereunder prior to the execution of this Contract, shall be a 25 condition of the federal financial assistance provided under this Contract and binding upon the COUNTY, 26 the SUBRECIPIENT and any subSUBRECIPIENTs. Failure to fulfill these requirements shall subject 27 the COUNTY, the SUBRECIPIENT and any subSUBRECIPIENTs, their successors and assigns, to 28 those sanctions specified by the Contract through which federal assistance is provided. The -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 0 0 Exhibit "A" to COUNTY/SUBRECIPIENT HOME SUBRECIPIENT certifies and agrees that no contractual or other disability exists which would with requirements. The SUBRECIPIENT further agrees to comply with these "Section 3" requirements to include the following language in all subcontract executed under this Contract: "The work to be performed under this Contract is a project assigned under a program direct federal financial assistance from HUD and is subject to the requirements of Section 3 Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701. Section 3 requires to the greatest extent feasible opportunities for training and employment be given to lower of the project area and contracts for work in connection with the project be awarded to which are located in, or owned in substantial part by persons residing in the areas of the project. The SUBRECIPIENT certifies and agrees that no contractual or other disability which would prevent compliance with the requirements. The SUBRECIPIENT agrees to send to each labor organization or representative workers with which it has a collective bargaining Contract 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. The SUBRECIPIENT will include Section 3 clause in every subcontract and will take appropriate action pursuant to the subcontract upon a finding that the subSUBRECIPIENT is in violation of regulations issued by the Grantor Agency. The SUBRECIPIENT will not subcontract with any subSUBRECIPIENT where it has notice or knowledge that the latter has been found in violation under 24 CFR 135 and will not let any subcontract unless the subSUBRECIPIENT has provided it with a preliminary statement of ability to comply with the requirements of these regulations. 27 IN m -13- 1 2 3 4 Exhibit "A" to COUNTY/SUBRECIPIENT HOME 1. Assignability The SUBRECIPIENT shall not assign or transfer any interest in this Contract without the written consent of the COUNTY thereto; provided, however, that claims for money due or to 5 become due to the SUBRECIPIENT from the COUNTY under this Contract may be assigned to a bank, 6 trust company, or other financial institution without much approval. Notice of any such assignment or 7 transfer shall be furnished promptly to the COUNTY. 8 2. Hatch Act 9 The SUBRECIPIENT agrees that no funds provided, nor personnel employed under this 10 Contract, shall be in any way or to any extent engaged in the conduct of political activities in violation of 11 Chanter 15 of Title V United State Code. 12 3. Conflict of Interest 13 The SUBRECIPIENT agrees to abide by the provisions of 24 CFR 570.611 with respect 14 to conflicts of interest, and covenants that if presently has no financial interest and shall not acquire any 15 financial interest, direct or indirect, which would conflict in any manner or degree with the performance of 16 services requited under this Contract. The SUBRECIPIENT further covenants that in the performance of 17 this Contract no person having such a financial interest shall be employed or retained by the 18 SUBRECIPIENT hereunder. These conflict of interest provisions apply to any person who is a 19 employee, agent, consultant, officer, or elected official or appointed official of the COUNTY or of any 20 designated public agencies or SUBRECIPIENTs which are receiving funds under the CDBG Entitlement 21 oroeram. 22 4. Subcontracts 23 a. AWmals 24 The SUBRECIPIENT shall not enter into any subcontracts with any agency 25 individual in the performance of this Contract without the written consent of the COUNTY prior to 26 execution of such Contract. 27 -14- 0 4 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 Exhibit "A" to COUNTY/SUBRECIPIENT HOME b. Monitoring The SUBRECIPIENT will monitor all subcontracted services on a regular basis assure contract compliance. Result of monitoring efforts shall be summarized in written reports 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 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 t of this Contract shall be awarded on a fair and open competition basis. Executed copies of shall be forwarded to the COUNTY along with documentation concerning the selecti process. 5. Coovrieht 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 570.2000). 7. Religious Orgmization The Subrecipient agrees that funds provided under this contract will not be utilized for activities, to promote religious interests, or for the benefit of a religious organization in accordance with the federal regulations specified in 24 CFR 570.200(j). 8. Drug Free Wotimlace SUBRECIPIENT certifies that it will maintain a drug-free workplace as defined by HUD project(s) funded by this Agreement. -15- Exhibit "A" to COUNTY/SUBRECIPIENT HOME Contract 1 9. Excessive Force 2 All parties to this Agreement certify to a policy against use of excessive force as defined by 3 HUD. 4 IV. ENVIRONMENTAL CONDITIONS 5 A. Air and Water 6 The SUBRECIPIENT agrees to comply with the following regulations insofar as they apply to 7 the performance of this Contract: 8 o Clean Air Act, 42 U.S.C., 1857, et seq. 9 o Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, et seq., as 10 amended 1318 relating to inspection, monitoring, entry, reports, and information, as well as other 11 requirements specified in said Section 114 and Section 308, and all regulations and guidelines issued 12 thereunder. 13 o Environmental Protection Agency (EPA) regulations pursuant to 40 C.F.R, Part 50, as 14 amended. 15 o National Environmental Policy Act of 1969. 16 o HUD Environmental Review Procedures (24 CFR, Part 58). 17 B. Flood Disaster Protection 18 The SUBRECIPIENT agrees to comply with the requirements of the Flood Disaster Protection 19 act of 1973 (P.L. 2234) in regard to the sale, lease or other transfer of land acquired, cleared or improved 20 under the terms of this contract, as it may apply to the provisions of this contract. 21 C. Lead -Based Paint 22 The SUBRECIPIENT agrees that any construction or rehabilitation of residential structures 23 with assistance provided under this contract shall be subject to HUD Lead -Based Paint Regulations at 24' 24 CFR 570.608, and 24 CFR Part 35, and in particular Sub -Part B thereof. Such regulations pertain to all 25 HUD -assisted housing and require that all owners, prospective owners, and tenants or properties 26 constructed prior to 1978 be properly notified that such properties may include lead-based paint. Such 27 notification shall point out the hazards of lead-based paint and explain the symptoms, treatment and 28 precautions that should be taken when dealing with lead-based paint poisoning. -16- 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 0 0 Exhibit "A" to COUNTY/SUBRECIPIENT HOME Contract D. Historic Preservation The SUBRECIPIENT agrees to comply with the Histonc Preservation requirements set the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures forth in 36 CFR, Part 800, Advisory Council on Historic Preservation Procedures for Protection Properties, insofar as they apply to the performance of this contact. 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. If this Agreement is funded by HOME Investment Partnership Program, the following As applicable housing assisted with HOME Investment Partnership Funds must meet the dlity requirements as follows: (a) Rent Limitation: A rental housing project (including the non -owner -occupied units in purchased with HOME funds in accordance with 92.254) qualifies as affordable housing under part only if the project: (1) Bears rents not greater than the lesser of (i) The fair market rent for existing housing for comparable units in the area as by HUD under 888.111 of this title, less the monthly allowance for the utilities and services telephone) to be paid by the tenant; or (ii) The rent that does not exceed 30 percent of the adjusted income of a family income equals 65 percent of the median income for the area, as determined by HUD, with for smaller and larger families, except that HUD, which may establish income ceilings lower than 65 percent of the median for the area on the basis of HUD's findings that such variations try because of prevailing levels of construction costs or fair market rents, or unusually high or low r incomes. In determining the maximum monthly rent that may be charged for a unit that is subject to limitation, the owner or participating jurisdiction must subtract a monthly allowance for any utilities -17- 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 Exhibit "A" to COUNTY/SUBRECIPIENT HOME Contract and services (excluding telephone) to be paid by the tenant. HUD will provide average occupancy per unit and adjusted income assumptions to be used in calculating the maximum rent allowed under this (a)(1)(ii) of this section; (2) Has not less than 20 percent of the units (i) Occupied by very low-income families who pay as a contribution toward rent (excluding any federal or state rental subsidy provided on behalf of the family) not more than 30 percent the family's monthly adjusted income as determined by HUD. To obtain the maximum monthly rent be charged for a unit that is subject to this limitation, the owner or participating jurisdiction annual adjusted income of the tenant family by 30 percent and divides by 12 and, if subtracts a monthly allowance for any utilities and services (excluding telephone) to be paid by the tenant; (ii) Occupied by very low-income families and bearing rents not greater than 30 percent the gross income of a family whose income equals 50 percent of the median income for the area, as by HUD, with adjustment for smaller and larger families, except that HUD, may establish ceilings higher or lower than 50 percent of the median for the area on the basis of HUD's such variations are necessary because of prevailing levels of contraction costs or fair market rents, high or low family incomes. In determining the maximum monthly rent that may be charged unit that is subject to this limitation, the owner or participating jurisdiction must subtract am monthly for any utilities and services (excluding telephone) to be paid by the tenant. HUD will provide occupancy per unit assumptions to be used in calculating the maximum rent allowed (a)(2xii) of this section; (3) Is occupied only by households that qualify as low-income families; (4) Is not refused for leasing to a holder of a Certificate of Family Participation 24 CFR part 882 (Rental Certificate Program) or a rental housing voucher under 24 CFR part 887 (Ren Voucher Program) or to the holder of a comparable document evidencing participation in a HOME tena based assistance program because of the status of the prospective tenant as a holder or such certificate family participation, rental voucher, or comparable HOME tenant -based assistance document; and on 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 31 32 33 34 0 • Exhibit "A" to COUNTY/SUBRECIPIENT HOME Contract (5) Will remain affordable, pursuant to deed restrictions, for not less than the appropriate period, beginning after project completion, as specified in the following table, without to the term of the mortgage or to transfer of ownership. Activity Minimum period of Affordability in years Rehabilitation or acquisition of existing housing per unit amount of HOME funds: Under $15,000 ................................. 5 $15,000 to $40,000 ........................... 10 Over $40,000 ..................................15 New construction or acquisition of newly constructed housing....................................20 (b) Rent schedule and utility allowances. The participating jurisdiction must and approve rents proposed by the owner for units with "flat rents," i.e., units subject to the rent limitations in paragraph (a)(1), (a)(1)(ii), or (a)(2)(ii) of this section, and, if applicable, must and approve, for all units subject to the maximum rent limitations paragraph (a) of this section, allowances, proposed by the owner, for utilities and services to be paid by the tenant The must reexamine the income of each tenant household living in low-income units at least annually. The maximum monthly rent must be recalculated by the owner and reviewed and approved by the annually, and may change as changes in the applicable gross rent amounts, the income adjustments, or the monthly allowance for utilities and services warrant. Any increase in rents for income units is subject to the provisions of outstanding leases, in any event, the owner must of those units not less than 30 days prior written notice before implementing any increase in rents. (c) Increases in tenant income. Rental housing qualifies as affordable housing a temporary noncompliance with paragraph (a)(2) or (a)(3) of this section, if the noncompliance is increases in the incomes of existing tenants and if actions satisfactory to HUD are being taken to that all vacancies are filled in accordance with this section until the noncompliance is corrected. Tenants -19- 1 2 3 4 5 Exhibit "A" to COUNTY/SUBRECIPIENT HOME Contract no longer qualify as low-income families must pay as rent not less than 30 percent of the family's adjusted monthly once, as recertified annually. (d) Adjustment of qualifying rent. HUD may adjust the qualifying rent established a project under paragraph (a)(1) of this section, only if HUD finds that an adjustment is necessary the continued financial viability of the project and only by an amount that HUD determines 6 necessary to maintain continued financial viability of the project. HUD expects that this authority will be 7 used sparingly. Adjustments in fair market rents and in median income over time should help maintain the 8 financial viability of a project within the qualifying rent standard in paragraph (a)(1) of this section. 9 B. SECTION 92.253 TENANT AND PARTICIPANT PROTECTIONS 10 (a) Lease. The lease between a tenant and an owner of rental housing assisted with HOME 11 funds must be for not less than one year, unless by mutual agreement between the tenant and the owner. 12 (b) Prohibited lease terms. The lease may not contain any of the following provisions: 13 (1) Agreement to be sued. Agreement by the tenant to be sued, to admit guilt, or to a 14 judgment in favor of the owner in a lawsuit brought in connection with the lease; 15 16 (2) Treatment of property. Agreement by tenant that the owner may take, hold, or sell 17 personal property of household members without notice to the tenant and a court decision on the rights of 18 the parties. This prohibition, however, does not apply to an agreement by the tenant concerning 19 disposition of personal property remaining in the housing unit after the tenant has moved out of the unit. 20 The owner may dispose of this personal property in accordance with state law; 21 (3) Excusing owner from responsibility. Agreement by the tenant not to hold the owner or 22 the owner's agents legally responsible for any action or failure to act, whether intentional or negligent; 23 (4) Waiver of notice. Agreement of the tenant that the owner may institute a lawsuit 24 without notice to the tenant; 25 (5) Waiver of legal proceedings. Agreement by the tenant that the owner may evict the 26 tenant or household members without instituting a civil court proceeding in which the tenant has the 27 opportunity to present a defense, or before a court decision on the rights of the parties; 28 (6) Waiver of a jury trial. Agreement by the tenant to waive any right to a trial by jury; K13 • • Exhibit "A" to COUNTY/SUBRECIPEENT HOME 1 (7) Waiver of right to appeal court decision. Agreement by the tenant to waive the tenanCsi 2 right to appeal, or to otherwise challenge in court, a court decision in connection with the lease; and 3 (8) Tenant chargeable with cost of legal actions regardless of outcome. Agreement by the 4 tenant to pay attorney's fees or other legal costs even if the tenant wins in a court proceeding by the owner 5 against the tenant. The tenant, however, may be obligated to pay costs if the tenant loses. 6 (c) Termination of tenancy. An owner may not terminate the tenancy or refuse to renew 7 the lease of a tenant of rental housing assisted with HOME funds except for serious or repeated violation 8 of the terms and conditions of the lease; for violation of applicable federal, state, or local law; or for other 9 good cause. Any termination or refusal to renew must be preceded by not less than 30 days by the 10 owner's service upon the tenant of a written notice specifying the grounds for the action. 11 (d) Maintenance and replacement. An owner of rental housing assisted with HOME funds 12 must maintain the premises in compliance with all applicable housing quality standards and local code' 13 requirements. 14 (e) Tenant selection. An owner of rental housing assisted with HOME funds must adopt 15 written tenant selection policies and criteria that - 16 (1) Are consistent with the purpose of providing housing for very low-income and low - 17 income families, 18 (2) Are reasonably related to program eligibility and the applicants' ability to perform the 19 obligations of the lease, 20 (3) Give reasonable consideration to the housing needs of families that would have a 21 preference under 960.211 (Federal selection preferences for admission to Public Housing) of this title; and 22 (4) Provide for - 23 (i) The selection of tenants from a written waiting list in the chronological order of their 24 application, insofar as is practicable; and 25 (n) The prompt written notification to any rejected applicant of the grounds for any 26 rejection. 27 -21- 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 Exhibit "A" to COUNTY/SUBRECIPIENT HOME (a) Purchase with or without rehabilitation. Housing that is for purchase by a as affordable housing only if the housing: (1)(i) Has an initial purchase price that does not exceed the mortgage limit for the type family housing (1 -to 4 -family residence, condominium unit, combination manufactured home or manufactured home lot) for the area (including any applicable high-cost mortgage limit published in the FEDERAL REGISTER) under HUD's single family insuring authority under the Act. For a cooperative unit, the purchase price for a cooperative share may not exceed remaining after subtracting from the 1 -family mortgage limit an amount equal to the covering the cooperative development which is attributable to this cooperative unit; and (ii) Has an estimated appraised value after any repair needed to meet property standards that does not exceed the appropriate mortgage limit described in paragraph (a)(1)(i) of this section; (2) Is the principal residence of an owner whose family qualifies as a low-income family time of purchase; (3) Is made available for initial purchase only to fust -time homebuyers; and (4) Is made available for subsequent purchase only - (i) To a low-income family that will use the property as its principal residence; and (ii) At a price consistent with guidelines that are established by the participating juri and determined by HUD to be appropriate - (A) To provide the owner with a fair return on investment, including any improvements, (B) To ensure that the housing will remain affordable to a reasonable range of low-income homebuyers for a period of 20 years for newly constructed housing or otherwise for 15 years. Housing affordable if the subsequent purchaser's monthly payments of principal, interest, taxes, insurance do not exceed 30 percent of the gross income of a family with an income equal to 75 percent median income for the area, as determined by HUD with adjustments for smaller and larger families. (b) Rehabilitation not involving purchase. Housing that is currently owned by a as affordable housing only if- -22- q Exhibit "A" to COUNTY/SUBRECIPIENT HOME Contract 1 (1) The value of the property, after rehabilitation, does not exceed the mortgage limit for 2 the type of single family housing (1- to 4 -family residence condominium unit, combination manufactured, 3 home and lot, or manufactured home lot) for the area (including any applicable high-cost mortgage limit 4 published by HUD in the FEDERAL REGISTER) under HUD's single family insuring authority under 5 the National Housing Act (see 24 CFR 201.10, 203.18, 203.I8a, 203.18b, and 234.27); and 6 (2) The housing is the principal residence of an owner whose family qualifies as a low - 7 income family at the time HOME funds are committed to the housing. 8 D. FEDERAL MANAGEMENT CIRCULAR 74-7 has been replaced with Office of Management 9 and Budget (OMB) A -102. In the event said project(s) is determined not to substantially meet all the 10 requirements of the HOME Investment Partnership Program, City will cooperate with County in the return 11 of said funds expended on ineligible activities. 12 Funds so returned shall be made available for other Housing Rehabilitation Activities as per 13 terms of this agreement. 14 E. MONITORING 15 City will cooperate in the County monitoring of HOME Investment Partnership Funds 16 annually. In particular, City will cooperate with County in monitoring all rental projects funded as 17 provided by N, O and P above. 18 /// 19 20 GS/BJGMW5A2-5 21 (09/01/94) -23- City Boundary SCALE-- 1'-3300' Census Trac: Boundary [ENVIRONMENT--k-LAN JUAN CAPISTRANO Housing & Redevelopment MANAGEMENT AGENCY N 0 nauo usE IE d July 10, 1995 Orange County Environmental Management Agency Chief, Grant Management Section Housing and Redevelopment Function 1200 North Main Street, Suite 600 Santa Ana, California 92701 Re: Year 3 HOME Grant Contract MEMBERS OF THE CIT' COUNCIL COLLENE CAMPBELL NNATT HART GIL JONES CAROLYN NASH DAVID SWERDUN CITY MANAGER GEORGESCARBOROUGH /heeh eut we ajmos•1 been threwncAMIS and haven{ reeelved the signed agreernWis Wound you. pitate U4 0.k & i,h1S m tl er for uS� ► - - Gentlemen: ry'•"""�' - At their meeting of July 5, 1995, the City Council of the City of San Juan Capistrano adopted Resolution No. 95-7-5-1, which authorized the Mayor to sign the Year 3 HOME Grant Contract No. EC41688, for rehabilitation of single-family homes for low-income households, in the amount of $80,000. One copy of the Contract and 5 signature pages have been signed by the City and are enclosed. Upon approval of the Board of Supervisors, please return one fully -executed copy to the City Clerk's office. A certified copy of Resolution No. 95-7-5-1 is also enclosed. Thank you for your cooperation. If I can be of further assistance. I can be reached at 443- 6308. Very truly yours, 0A1164ns )L6'_ " City Clerk Enclosure cc: Planning Director 32400 PASEO ADELANTO. SAN JUAN CAPISTRANO, CALIFORNIA 92675 • (714) 493-1171 0 DRUG USE IS 0 July 10, 1995 JWAN o,onro�mo ainulao 1961 1776 Orange County Environmental Management Agency Chief, Grant Management Section Housing and Redevelopment Function 1200 North Main Street, Suite 600 Santa Ana, California 92701 Re: Year 3 HOME Grant Contract Gentlemen: MEMBERS OF THE CITY COUNCIL COLLENE CAMPBELL WYATT HART GILJONES CAROLYN WASH DAVID SWEROUN CITY MANAGER GEORGE SCARBOROUGH At their meeting of July 5, 1995, the City Council of the City of San Juan Capistrano adopted Resolution No. 95-7-5-1, which authorized the Mayor to sign the Year 3 HOME Grant Contract No. EC41688, for rehabilitation of single-family homes for low-income households, in the amount of $80,000. One copy of the Contract and 5 signature pages have been signed by the City and are enclosed. Upon approval of the Board of Supervisors, please return one fully -executed copy to the City Clerk's office. A certified copy of Resolution No. 95-7-5-1 is also enclosed. Thank you for your cooperation. If I can be of further assistance. I can be reached at 443- 6308. Very truly yours, Cheryl Jo ns City Clerk Enclosure cc: Planning Director 32400 PASEO ADELANTO. SAN JUAN CAPISTRANO. CALIFORNIA 92675 0 (714) 493-1171 r 7 6. RESOLUTION APPROVING YEAR 3 HOME GRANT CONTRACT ACT - YEAR 20 • FOR REHABILITATION OF SINGLE-FAMILY HOMES FOR LOW-[NCOME HOUSEHOLDS (600.50) As set forth in the Report dated July 5, 1995, from the Planning Director, the following Resolution was adopted authorizing the Mayor to sign the Year 3 HOME Grant Contract No. EC41688 for Year 20 (FY 1994-95) in the total amount of $80,000 for the rehabilitation of single-family homes for low-income households: YEAR 1994-19951- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING AND AUTHORIZING THE MAYOR TO SIGN THE $80,000 YEAR 3 HOME GRANT CONTRACT (FISCAL YEAR 1994-1995) FOR THE REHABILITATION OF SINGLE-FAMILY HOMES FOR LOW-INCOME HOUSEHOLDS [cif 1.1[•L:1_ • 323 I' 6,1111:13V I Man U "16106,45"13 C 5b N "s Mrl W OLVIRWRA21i'm I►I\II 11 : \U \I• I► 11►1 1 MINUTES] . P tel. Consideration of the proposed Seven -Year Capital Improvement Program for Fiscal Years 1995 through 2002, to provide consistency with requirements of the State Congestion Management Program and the County Measure M Program. Written Communications: (1) Report dated July 5, 1995, from the Director of Engineering and Building, forwarding the proposed budget, project detail narrative, project summary and detail sheets, and a project funding breakdown. (2) Minor modifications added to pages 4 and 5 of the 7 -Year CEP Detail Narrative (Attachment 2). Mr. Huber made an oral presentation, advising that the Fiscal Year 1995-96 budget totalled $8.3 million and that revenues were projected to be similar to Fiscal Year 1994-95. Program elements for Fiscal Year 1995-96 included funding for roads, streets, signals, street widening and rehabilitation projects; drainage improvements; sewer lines and sewer lift stations; park projects and open space projects; and, Community Development Block Grant projects. He reported that because of a projected $156,000 deficit in the Drainage Fund, funds for drainage projects may have to be borrowed from the Sewer Fund. He noted that although the Parks and Recreation Fund had a deficit of $312,000, there were a limited number of projects proposed and City anticipated that the fund would have a positive balance by the end of the • year if projected revenues were received. With regard to the lighting of the athletic fields at Cav Council Minutes 4- 07/05/95 AGENDA ITEM TO: George Scarborough, City Manager FROM: Thomas Tomlinson, Planning Director July 5, 1995 SUBJECT: By Motion, Authorize the Mayor to sign the Year 3 (FY 1994-1995) HOME Grant Contract. RECOMMENDATION By motion, authorize the Mayor to sign the attached Year 3 HOME grant contract for rehabilitation of single family homes for low income households ($80,000). SITUATION A. Applicant/Property Owner City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 B. Summary and Recommendation On October 27, 1993 the Citizen Participation Committee reviewed and approved the proposed Year 20 CDBG and Year 3 HOME application at a public meeting and on November 9, 1993, the Planning Commission recommended approval of the proposed application at a public meeting. The City Council approved the Year 20 CDBG and Year 3 HOME application on November 16, 1993 (attachment 2). The County of Orange reviewed the proposed Year 3 HOME application and funded the requested single family rehabilitation program in the amount of $80,000. The City received the Year 3 HOME contract in December, but due to the County's financial problems, the City Attorney recommended that the contracts not be signed until this time. Due to the time lapse that has now occurred since the County sent the City the contracts, the funds will have to be spent within the next six months under the terms of the contract. While this is a condensed contract period, staff does not anticipate any problems in expending the funds by December 1995. There are currently over 60 low income households on the rehabilitation waiting list. FOR CITY COUNCIL AGEN �\ / 0 Agenda Item is July 5, 1995 The $80,000 grant amount will allow for up to ten (10) low income, single family households to rehabilitate their homes with grants of up to $10,000 per household (attachment 3). The single family homes may be located anywhere in the City, as the requirements for qualification for the grant is based solely on income and not location. Mobile Homes are considered to be single family homes under HOME's regulations. Staff recommends that the City Council authorize the Mayor to sign the Year 3 HOME contract EC41688 for $80,000 for the rehabilitation of single family homes for low income households (attachment 1). These grants are Federal Grants administered by the Department of Housing and Urban Development (HUD) through the HOME Investment Partnership program which was enacted by the Affordable Housing Act of 1990. COMMISSIONBOARD REVIEW AND RECOMMENDATIONS None. FINANCIAL CONSIDERATION The City will benefit financially from the execution of this contract as it provides the City with an additional $80,000 in Federal HOME grant funds for the benefit of the City's low income households. PUBLIC NOTIFICATION A Public Hearing is not required. ALTERNATE ACTIONS Authorize the Mayor to sign the Year 3 contract (EC41688 ), or; Deny authorization for the Mayor to sign the Year 3 contract, or; Continue the item and direct staff to return with further information on specified issues. 0 Agenda Item 3 July 5, 1995 RECOMMENDATION By motion, authorize the Mayor to sign the attached Year 3 HOME grant contract for rehabilitation of single family homes for low income households ($80,000). Respectfully submitted, Thomas Tomlinson, Planning Director Attachments Draft Resolution CC Resolution 93 -11 -16 - Year 3 HOME Contract (on file in the City Clerk's Office) cdbg\yr3HOMEc.cc • RESOLUTION NO. 95-7-5-1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING AND AUTHORIZING THE MAYOR TO SIGN THE $80,000 YEAR 3 HOME GRANT CONTRACT (FISCAL YEAR 1994-95) FOR THE REHABILITATION OF SINGLE-FAMILY HOMES FOR LOW-INCOME HOUSEHOLDS WHEREAS, the Federal Department of Housing and Urban Development (HUD) annually offers funds to cities in the form of HOME Investment Partnership Program funds and for the past three years the City of San Juan Capistrano has annually applied for these funds from the County of Orange; and, WHEREAS, this project has been reviewed in accordance with the California Environmental Quality Act and the Planning Director has determined that implementation of these programs constitutes "minor repair, maintenance, or alteration including interior and exterior alterations, public utilities, public streets and right-of-way, restoration and rehabilitation of structures, and installation of safety and health protection devices." Therefore, the Planning Director has determined that father environmental evaluation is not required because the project is categorically exempt, Class 1, existing facilities (Section 15301-15329); and, WHEREAS, on October 27, 1993, the Citizen Participation Committee reviewed and approved the proposed Year 3 HOME application at a public meeting, and; WHEREAS, on November 9, 1993, the Planning Commission recommended approval of the proposed Year 3 HOME application at a public meeting; and, WHEREAS, on November 16, 1993, the City Council reviewed and approved the proposed Year 3 HOME application at a public meeting; and, WHEREAS, the City Council of the City of San Juan Capistrano finds and determines as follows: 1. The Year 3 HOME Grant contract will provide direct assistance to the City's low- and moderate -income households. 2. The Year 3 HOME program and the use of a City staff member to administer the program represents the City's desire to aggressively expand its affordable housing program and the amount of assistance that can be offered to the low- and moderate -income residents of the community. -1- 0 NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Juan Capistrano does hereby approve, and authorize the Mayor to sign, the Year 3 HOME Grant contract (Fiscal Year 199495) for the rehabilitation of single-family homes with a total grant request of $80,000. PASSED, APPROVED, AND ADOPTED this Sth day of July , 1995. CAROLYN ASH, MAYOR ATTEST: STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) I, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No. 95-7-5-1 adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the 5th day of July 1995, by the following vote: AYES: Council Members Jones, Hart, Campbell, Swerdlin and Mayor Nash NOES: None ABSTAIN: None ABSENT: None (SEAL) AA CHERYL JO S , CITY CLERK -2- RESOLUTION NO. 93-11-16-2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING THE COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION FOR YEAR 20 (FISCAL YEAR 1994-1995) FOR TEN SEPARATE PROGRAMS WITH A TOTAL GRANT REQUEST OF $438,000, INCLUDING THE PROPOSED EXPENDITURE OF PROGRAM INCOME ACCRUED IN YEAR 20 WHEREAS, the Federal Department of Housing and Urban Development annually offers funds to cities in the form of Community Development Block Grant and HOME funds and the City of San Juan Capistrano for the past twenty years has annually applied for these funds from the County of Orange; and, WHEREAS, this grant application has been reviewed in accordance with the California Environmental Quality Act and the Planning Director has determined that implementation of these programs constitute "minor repair, maintenance, or alternation including interior and exterior alterations, public utilities, public streets and right-of-way, restoration and rehabilitation of structures, and installation of safety and health protection devices." Therefore, the Planning Director has determined that further environmental evaluation is not required because the project is categorically exempt, Class 1, existing facilities (Section 15301-15329); and, WHEREAS, on October 27, 1993, the Citizen Participation Committee reviewed and approved the proposed Year 20 Community Development Block Grant application at a public meeting; and, WHEREAS, on November 9, 1993, the Planning Commission recommended approval of the proposed Community Development Block Grant Year 20 application at a public meeting; and, WHEREAS, the City Council of the City of San Juan Capistrano finds and determines as follows: 1. The proposed Year 20 application for Community Development Block Grant funds will provide both direct and indirect assistance to the City's low- and moderate - income households. 2. The ten proposed programs and the use of a City staff member to administrate them, represent the City's desire to aggressively expand its Community Development Block Grant program and the amount of assistance that can be offered to the low- and moderate -income residents of the community. -1- ATTACHMENT 2 0 0 NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Juan Capistrano does hereby approve the Community Development Block Grant application for Year 20 (fiscal year 1994-1995) for ten separate programs with a total grant request of 5438,000, including the proposed expenditure of program income accrued in Year 20. PASSED, APPROVED, AND ADOPTED this 16th day of November , 1993. G 1646NES, MAYOR AT'T'EST: STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) I, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No.gi_i t -t6 -z adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the 16th day of November , 1993, by the following vote: AYES: Council Members Nash, Hausdorfer and Campbell NOES: None ABSTAIN: Council Member Vasquez and Mayor Jones ABSENT: None (SEAL) CLERK CHERYL ! NS , CITY CLERK -2- 1 ft a Contract No. EC41688 2 3 COUNTY OF ORANGE ENVIRONMENTAL MANAGEMENT AGENCY 4 HOUSING AND REDEVELOPMENT CITY ADMINISTERED REHABILITATION 5 (HOME Program Year III) 6 TITLE OF PROJECT: City Of San Juan Capistrano - Rehabilitation of Single Family Residence 7 8 9 MEMORANDUM OF CONTRACT, entered into this day of , 19 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 has applied for and received funds from the United States 21 Government pursuant to the HOME Investment Partnership Program (enacted by the National 22 Affordable Housing Act of 1990), hereinafter referred to as "HOME", and 23 WHEREAS, COUNTY and CITY previously entered into a Cooperation Agreement dated 24 July 21, 1993 which both parties agreed to cooperate in the undertaking, or assist in the 25 undertaking, of community development and housing assistance activities, and 26 WHEREAS, the CITY has submitted to the COUNTY an application for funding of a 27 project hereinafter described, and 28 WHEREAS, the COUNTY adopted its FINAL STATEMENT OF COMMUNITY 29 DEVELOPMENT OBJECTIVES AND PROJECTED USE OF FUNDS on May 17, 1994 by 30 Resolution No. 94-588 which sets forth the PROJECT described herein, and -1- ATTACHMENT 3 •1 2 3 4i 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 WHEREAS, HUDWs accepted and certified the aforementpes FINAL STATEMENT. NOW, THEREFO IS AGREED by and between the that the following provisions well as all other applicable Federal regulations including 24 CFR 570.600-612 and appropriate and COUNTY laws and regulations including the attached General Conditions, identified as )it "A", and Exhibit "B", are part of this Contract. SCOPE OF SERVICES ACTIVITIES The CITY will act as PROJECT MANAGER and, furthermore, will be responsible for a HOME Year III Housing Rehabilitation project described herein, which will provide loans, deferred payment loans, grants or rebates for home improvement of privately owned properties within the CTTY's boundaries (see attached map, Exhibit "B"). All rehabilitation of single family residential units will benefit low- and moderate -income families as defined and revised by HUD. Project development and management costs are included. Such program will include the following activity eligible under the HOME Program: DELIVERY Activity No. 1 - Single Family Housing Rehabilitation HOME Program ADMINISTRATION CITY will manage it's HOME Investment Partnership rehabilitation funds to implement the Rehabilitation Project. 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 Rehabilitation (HOME) IC. BUDGET UNITS PER MONTH* TOTAL UNITS/YEAR 10 Units This contract is in an amount not to exceed $80,000.00 (Eighty thousand dollars and 00 cents). Funds shall be used for the following items: Costs relating to construction of projects, supplies and materials -2- 1 2i 31 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 Contract No. EC41688 D. PERFORMANANITORING The COUNTY will, in accordance with Section Ill., A. of this contract, monitor the performance of the CITY against goals of the performance standards required herein. Substandard performance as determined by the COUNTY constitutes noncompliance with this contract. COUNTY may terminate this contract pursuant to Section H. of Exhibit "A" (General Conditions), attached herewith. II. TIME OF PERFORMANCE Services of the CITY shall start on January 1, 1995 and end on December 31, 1995. The term of this contract and the provisions herein shall be extended to cover any additional time period during which the CITY remains in control of HOME funds or other assets including program income. I11. PAYMENT A. It is expressly agreed and understood that the total amount to be paid by the COUNTY under this contract shall not exceed the amount stated in Section I. C. of this contract. Draw downs for the of eligible costs shall be made against the line item budgets specified in Section I. D. herein and in accordance with Exhibit "A" attached and in accordance with monthly performance reports, for general administration shall also be paid against the line item budgets specified in Section I. D. and in accordance with performance. B. REIMBURSEMENT 1. On a monthly basis CITY may invoice to COUNTY for reimbursement of eligible costs (per Section I. D. above). Concurrent with its request for the aforementioned funds, CITY shall submit to COUNTY the following support documentation (copies of): paid invoices, receipts, payroll records, bank statements, cancelled checks and other items adequate to document project expenditures. CITY shall also provide a monthly performance report addressing its level of performance with each activity undertaken relative to the 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.). -3- 1 Contract No. EC41688 2 bank statements, cancellm*ecks and other items adequate to docuot project expenditures. CITY 3 shall also provide a monthly performance report addressing its level of performance with each activity 4 undertaken relative to the Scope of Services set forth in Section I. herein, including Grantee Performance 5 Direct Benefit Activity information. Reimbursement of eligible expenses shall be made against the items 6 specified in Exhibit "A" - Administrative Requirement (Section II.A.2.). 7 IV. NOTICES 811 Communication and details concerning this contract shall be directed to the following contract 9 representatives: 10 A. TO COUNTY: County of Orange 11 Environmental Management Agency Housing and Redevelopment Function 12 1200 North Main Street, Suite 600 Santa Ana, CA 92701 13 Attn: Chief, Grant Management Section 14 B. TO CITY: City Of San Juan Capistrano 15 32400 Paseo Adelanto San Juan Capistrano, CA 92675 16 Attn: Mary Raskin 171IV. SPECIAL CONDITIONS 18 The CITY agrees to comply with the requirements of Title 24 Code of Federal Regulations, 19 Part 570 of the Department of Housing and Urban Development regulations concerning HOME and all 20 federal regulations and policies issued pursuant to these regulations. The CITY further agrees to utilize 21 funds available under this Contract to supplement rather than supplant funds otherwise available. 22 A. DEFINITIONS 23 For the PURPOSES OF THIS CONTRACT the following definitions shall apply: 24 1. 'PROJECT MANAGER": The party responsible for, but whose responsibility is not 25 limited to the following: Contracting, monitoring and implementing the PROJECT through completion. 26 2. 'DIRECTOR": The Director of the Orange County Environmental Management Agency 27 (hereinafter referred to as EMA) or his designee. 28 3. 'REIMBURSABLE BASIS": The CITY will provide the funds for the project and submit 29 proof of payment to the COUNTY, whereby upon approval, the COUNTY will forward HOME funds 30 to repay the CITY. -4- 2 3 4 5 6 7 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Contract No. EC41688 4. "CONSTRU ON BID PACKAGE": A package of ng 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. I B. 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 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 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 HOME 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 Contract. /// -5- 01 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 ` Contract No. EC41688 4. If this contract! s*construction project, submit the Constru tion Bid Package for this project to DIRECTOR for review prior to advertising for bids on the construction contract or prior to award of such a contract if an alternative method of award is used. CITY shall not advertise for bids until DIRECTOR has approved Construction Bid Package. CITY shall construct project in accordance with the Construction Bid Package which DIRECTOR approved unless prior written approval is received from DIRECTOR for modification therefrom. 5. That this Contract is conditional upon COUNTY being funded by HUD, and the release of to COUNTY. 6. That this Contract is also conditional upon complying with HUD Environmental Review HUD regulations at Title 24 CFR, Parts 50 and 58 which implement Section 102 (2)(c) of the ral Environmental Policy Act of 1969. 7. To provide requested materials to COUNTY for the Environmental Review process requested HUD. This process may take-up ninety (90) days. MODIFICATIONVI RANSFERS 1. Any proposed modification or change in use of real property acquired or improved in whole in part by HOME funds from that planned at the time of the acquisition or improvement, including must be reported by CITY to the COUNTY and receive COUNTY concurrence thereto in of implementing the modification or change in use. 2. The CITY shall transfer to COUNTY any HOME funds on hand at the time of Contract and any accounts receivable attributable to the use of HOME funds. The CITY shall ensure that any real property under the CITY's control that was acquired or improved in whole or in part with funds in excess of $25,000 is either: (a) Used to meet one of the national objectives in 24 CFR 570.208 until five years after on of the contract; or, (b) Is disposed of in a manner which results in the COUNTY being reimbursed in the amount of current fair market value of the property less any portion thereof attributable to expenditures of non - funds for acquisition of, or improvement to, the property. Such reimbursement is not required the period of time specified in accordance with 2(a) above. Eel .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 31 fta Contract No. EC41688 E. AUDIT 1. CITY shall obtain an annual audit performed in accordance with OMB Circular A-128 and forward a copy to DIRECTOR within 180 days after the end of each accounting year. DIRECTOR shall have the right to ensure that necessary corrective actions are made by the CITY for any audit findings pertinent to CITY handling of funding attributable to the HOME Program per Federal requirements. F. AFFORDABILITY Activities associated with the subject HOME Program dictate that the project be designated as "affordable" for a minimum of 5 years, beginning after project completion and occupation. Rent limitations shall remain in effect for not less than the appropriate period, as specified in Section V. A.(a.)(5.) of Exhibit "A". G. RENTAL The rental housing property must be "affordable" for a minimum of 5 years as defined in 24 CFR Part 92.252. In the event the property does not remain affordable for a minimum of 5 years, the outstanding principal and interest, if any, is due and payable. -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 • 17, Contract No. EC41688 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 A7Fk0RNEY By: Dated: By: Mayor Date I ATTEST: City Clerk I Dated: COUNTY OF ORANGE, a political subdivision of the State of California By: Dhongchai Pusavat, Director EMA-Housing and Redevelopment !J!!lull!llll/1/l!!!!llllflll!llJlllllf!!llfl!!ll!!l!!!!ll!!lll11111/l!l!!!1!llJlllllllllllllll!!!!!lllfllflflllllfl11111/11111l11l11l11lllfllll!llfllllll!! APPROVED AS TO FORM: TERRY ANDRUS, COUNTY COUNSEL ORANGE COUNTY, CALIFORNIA 0 GRANTEE p AUDITOR CONTROLLER p CLERK OF THE BOARD DATE: ITEM NO. BOARD RESOLUTION NO. I COUNTY OF ORANGE: HOUSING/REDEVELOPMENT I no f MEMORANDUM TO: Tom Tomlinson, Director of Planning FROM: Richard K. Denhalter, City Attorney '�- SUBJECT: HOME Program, Year III E Dated: March 31, 1995 The City Clerk asked for a signature on the attached Contract No. EC41688. There is no explanation as to how the City is to be assured that Section III, 'Payment" and Section III, B, "Reimbursement" are to be funded by the County of Orange. At the present time virtually all such funds handled by the County are frozen in two bankruptcy cases now pending. Section V, "Special Conditions" states: "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 foreward HOME funds to repay the CITY. On page 6, item 5, the condition is stated: That this Contract is conditional upon COUNTY being funded by HUD, and the release of funds to COUNTY. I have repeatedly asked sources close to the pool bankruptcy case whether such pass-through funding will actually occur, and they have not been encouraging. The text of this contract describes a process of submittal of "paid invoices, receipts, payroll records, bank statements, cancelled checks and other items adequate to document project expenditures" to the County of Orange for reimbursement. Clearly all such documents are intended to be evidence that the City has already expended its funds before filing a claim for reimbursement with the County. It would appear that such a submittal at this time would simply place the City in a long line of unsecured creditors of the County, with no assurance of payment. Please provide an explanation of how this can be avoided for this program. cc: City Clerk City Manager 0 TO: City Clerk City Manager Director of Planning FROM: Richard K. Denhalter, City Attorney n SUBJECT: YEAR III HOME CONTRACT I Dated: January 17, 1995 This office has been recently asked to routinely approve the Year III HOME Contract. In reviewing the terms of this contract with the County of Orange, it appears to obligate the City to expend up to $80,000 and seek reimbursement from the County. The funds are Federal monies administered through the County. It would appear that the County has no right to withhold eligible requests for reimbursement of these funds, however, recent communications with the County have indeed resulted in apparent refusals to honor such requests with the current bankruptcy as the reason. [See January 11, 1995, memorandum from the Director of Administrative Services to the City Manager, entitled "Impacts of Orange County Bankruptcy",] In view of this behavior by the County, this office declines to sign this agreement with the County until such assurances and current reimbursements have been provided. It is advised that all such agreements be subjected to increased scrutiny, and that federal agencies be contacted to request direct payment rather than County pass through of such funding.