SANTA ANA UNIFIED SCHOOL DISTRICT (SAUSD) (2) -2012

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22. Incorporation of Recitals and Exhibits. The Recitals and all Exhibits attached hereto, are hereby incorporated herein and made a part of this Agreement by this reference. 23. Captions. The headings used in this Agreement are for convenience only and shall not affect the interpretation of this Agreement. 24. Entire Agreement. This Agreement constitutes the entire Agreement between the Parties and supersedes all prior negotiations, representations, or agreements, either written or oral. 25. Time of the Essence. Time is of the essence in the performance of each Party's respective obligations under this Agreement. 26. Effective Date. This Agreement must be executed by both Parties and approved or ratified by the City's City Council and the District's Board of Trustees. This Agreement shall be effective upon the latter date of approval of either the City Council or the Board of Trustees. 27. 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 MPR/CC, the District is subject to 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 MPR/CC, 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 MPR/CC records for at least five (5) years from the date of completion of the MPR/CC. 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 MPR/CC. (See Exhibit C, required contract language, attached hereto and incorporated herein). F. Prevailing Wage. In its contract(s) for construction of the MPR/CC, 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. (See Exhibit D attached hereto and incorporated herein). G. Lobbying. The Parties shall ensure that they comply with federal law (31 U.S.C. 1352) and regulations found Construction Reimbursement Agreement — City of Santa Ana /SAUSD — MPR/CC 8 -28 -12 Page 5