SANTA ANA UNIFIED SCHOOL DISTRICT (7) -2010

Home Browse Search

of either the City Council or the Board of Trustees. 28. Terms Required Based on HUD Funding. The following terms are made a part of this Agreement, as required by the Parties participation in and use of funds from the HUD CBDG Program. A. Use of Debarred. Suspended, or Ineligible Participants. The Parties shall comply with the provisions of 24 CFR 24 relating to the employment, engagement of services, awarding of contracts, or funding of any contractor or subcontractor during any period of debarment, suspension, or placement in ineligibility status. B. No Pending Investigation. Each Party asserts that, to the best of its knowledge, it is not the subject of any current or threatened criminal or civil action investigation by any other public agency, including without limitation a police agency or prosecuting authority, that would relate to affect performance of the Agreement or provision of services hereunder. C. Audit. To the extent the District uses California state bonds funds for the Project, the District is subject o audit by the California Office of Public School Construction. In addition, to the extent the District uses any of its Measure G Bond funds for the Project, the District is required to conduct an annual, independent financial audit and annual, independent performance audit on the use of those funds. D. Record Keeping/Reporting. Both Parties shall keep and maintain complete and adequate records and reports to assist one another in meeting and maintaining its record keeping responsibilities under applicable law which includes, Title 24, Part 570 of Code of Federal Regulations 24 CFR 570.000, et seq. The Parties agree to share with each other the guidelines and parameters of required record keeping. The Parties agree to keep all Project records for at least five (5) years from the date of completion of the Project. E. Economic Opportunities for Low Income People. To the extent allowable under applicable state law, the Parties shall implement the goals of Section 3 of the Housing and Urban Development Act of 1968 that requires employment and other economic opportunities arising in connection with housing rehabilitation, housing construction and other public construction projects which shall, to the extent feasible and consistent with existing federal, state and local laws and regulations, be given to low and very low-income persons. To the extent applicable, the Parties shall comply and/or cause compliance with Section 3 Clause requirements for the Project. F. Prevailing Wage. In its contract(s) for construction of the Project, the District shall include a provision that states in pertinent part: If there is a difference between the general prevailing wage rates determined by the Director of the Department of Industrial Relations ("California Prevailing Wages") and the applicable minimum wage rates determined by the Secretary of Labor ("Federal Wages") for similar classifications of work, the Contractor and its Subcontractors of every tier shall pay their workers not less than the higher wage rate. G. Lobbying. The Parties shall ensure that they comply with federal law (31 U.S.C. 1352) and regulations found at 24 CFR Part 87, which provide that no appropriated funds may be expended by the recipient of a federal contract, grant, loan or cooperative agreement to pay any person for influencing or attempting to influence an officer or employee of any agency, Member of Congress, or an officer or employee of a Member of Congress in connection with awarding of any federal contract, the making of any federal grant or loan, entering into any cooperative agreement and the extension, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. Initial Financing Agreement - City of Santa Ana/SAUSD - MPR/CC Page 5