HomeMy WebLinkAboutCC 11 PUB FAC'S IMPROV 05-15-89AGEN.DA
DATE:
CONSENT CALEN DAR
,~ NO. 11
.'.t ---
HAY 15, 1989
TO:
FROM:
SUBJECT:
WILLIAlq HUSTON, CITY lqANAGER
COtIIqUNITY DEVELOPMENT DEPARTIqENT
PROPOSED CONTRACT WITH COUNTY OF ORANGE FOR PUBLIC FACILITIES AND
II~PROVE#ENTS - 14TH YEAR HOUSING AND COMMUNITY DEVELOPMENT
RECOHHENDATION
It is recommended that the City Council approve the attached contract as
submitted.
BACKGROUND
Enclosed is a proposed cohtract between the City and the County of Orange which
implements the portion of the City's 14th Year Housing and Community Development
(HCD) Block Grant application described as Public-Facilities and Improvements,
Orange Street area. On December 8, 1989 the City Council approved the City's
14th Year HCD application which r~commended HCD funds be allocated to the Orange
Street construction project. The Orange County Board of Supervisor's approved
the City's 14th Year HCD application on May 18, 1988 and specifically approved
for this public facility project. The funds will be utilized for, but not
limited to the construction of storm drains and street improvements which could
include street pavings, sidewalks, curbs, gutters, street lights, watermains and
accessories. The County only in the last several weeks submitted the subject
contract to the City for the proposed project.
The City Attorney has reviewed the contract and finds is acceptable.
[abra Kuhn
Senior Planner
Christine A. Shingl~J;6n
Director of Community Development
LK:CAS:ts
Attachment: Contract
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Contract No. C40664
COUNTY OF ORANGE
ENVIRONMENTAL MANAGEMENT AGENCY
HOUSING AND COMMUNITY DEVELOPMENT CONTRACT
TITLE OF PROJECT~ Tustin - P~blic Facilities and Improvements, Orange Street
Construction (N15.5)
MEMORANDUM OF CONTRACT entered into this
day of ,
19 .
BY AND BETWEEN
CITY OF TUSTIN, a municipal corporation,
hereinafter referred to as CITY,
and
COUNTY OF ORANGE, a political subdivision of the
State of California and recognized Urban County
under the Federal Housing and Community
Development Act of 1974 (Public Law 93-383), as
amended, hereinafter referred'to as COUNTY.
WHEREAS, COUNTY and CITY previously entered into a Cooperation Agreement,
dated' December 8, 1987 in which both parties agreed to cooperate in the undertaking,
or assist in the undertaking, .of community development and housing assistance
activities, and
WHEREAS, the CITY has submitted to the COUNTY an application for fundin~
of a project hereinafter described, and
WHEREAS, the COUNTY has entered into a separate agreement dated
July 12, 1988 with the U.S. Department of Housing and Urban Development (hereinafter
referred to as HUD) to fund said project under the Housing and Community Development Act
of 1974 (Public Law 93-383), as amended.
NOW, THEREFORE, IT IS AGREED by and between the parties that the following
provisions as well as all applicable Federal, State and County laws and regulations
including the attached SPECIAL PROVISIONS, identified as EXHIBIT "A", and all other
attached Exhibits, are part of this Contract.
1. For the PURPOSES OF THIS CONTRACT the' following definitions shall
apply:
a. Project Manager: The party responsible for, but whose responsibility is
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Contract No. C40664
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not limited to the following: Contracting, ..monitoring and implementing the project
'through.. completion.
b. Construction Bid Package: A package of bidding documents which includes
propomal, bidding instructions, contract documents, detailed estimated costs and plans
and specifications for a construction project, all prepared in accordance with
applicable Federal regulations.
c. Director: The Director of the Orange County Enviro~ental Management
Agency (hereinafter referred to as EMA) or his designee.
d. Reimbursable Basis: The CITY will provide the funds for the project and
submit proof of payment to the COUNTY, whereby upon approval, the COUNTY will forward
Community Development Block Grant (hereinafter referred to as CDBG) funds' to repay the
CITY.
2. It is understood that the CITY will act as PROJECT MANAGER for the project
desc~bed as: Public Facilities and Improvements, Orange Street Construction (N15.5).
The CITY will utilize CDBG funds to construct/install street improvements, gutters,
street lights, and water mains in the Orange Street (high sch~ool) area (see map
Exhibit "B"). This will be Phase I of a multi-year project within CITY's target area.
3. It is agreed by all parties that the project shall be completed and all
funds provided through this Contract shall be expended on eligible project activities
prior to Dece~er 31, 1989. Invoices for all approved project costs funded by the Block
Grant under this Contract shall be submitted within 180 days after the above date. The
date for project completion and expenditure of all funds may be extended at the
discretion of the DIRECTOR through written notification to the CITY. In the event of
such an extension, the deadline for submittal of invoices shall be 180 days after the
new completion date. .
4. CITY agrees:
a. Any proposed amendment to this Contract shall be submitted to and
approved by the COUNTY, prior to commencement by CITY of any activity covered by said
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Contract No. C40664
amendment.
b. To submit any and all third-party contracts proposed for funding through
this Contract to DIRECTOR for review and approval prior to award of such contracts by
CITY.
c. To be responsible for design and inspection, including funding the costs
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related to those activities, unless funding for design and inspection activities is
provided for in Section 5.a. of this Contract.
d. To 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
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 ~ccordance with the construction Bid Package which DIRECTOR approved unless prior
written approval is ~eceived from DIRECTOR for modification therefrom.
e. To comply with CDBG Program Regulations, as may be periodically revised
by HUD, Office of Management and Budget, or other Federal agencies, and including laws
and policies applicable to the CDBG Program.
f. 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.
g. To maintain accounting records, official files, and other evidence
pertaining to costs incurred as required by all applicable HUD regulations, and all of
these shall be accessible for the purposes of monitoring, audits, reporting and
examinations by duly authorized representatives of COUNTY or HUD. These records shall
be kept available at CITY's office during the project's contract period and thereafter.
for three (3) years from the date 'of final CITY receipt of HUD CDBG funds through this
Contract.
h. That DIRECTOR shall periodically evaluate the CITY's progress in
complying with the terms of this Contract. CITY shall cooperate fully during such
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Contract No. C40664
monitorings. DIRECTOR shall report the findings of each monitoring to the CITY and
Orange County B~ard of Supervisors. If it is determined by the Board of Supervisors
that CITY performance or progress on l~..rformance 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. In addition, the Board of
Supervisors may require the CITY to reimburse COUNTY any funds that it determines to be
improperly expended or not expended on the project in a timely manner based on
applicable CDBG Program Regulations.
i. That if it is determined by HUD that funds were not expended in
compliance with the applicable Federal laws and regulations, CITY will refund to COUNTY
within ninety 90 days thereafter such sums as were determined by HUD to have been
improperly expended.
j. When the project is completed, all unexpended funds remaining will be
returned to rite COUNTY as soon as practicable, but in any event, within 180 days
thereafter. DIRECTOR may then reallocate returned funds to another Urban County
project(s) previously approved by the Board of Supervisors. Returned funds as such, may
be allocated by the DIRECTOR up to a maximum of Ten Thousand Dollars and no/100
($10,000.00) .
k. Should the COUNTY receive returned funds from other Urban County
projects, funding for this Contract, upon proof of anticipated cost overruns, may be
increased by up to 10% of total Contract amount to a maximum of Ten Thousand Dollars and
no/100 ($10,000.00) at the discretion and upon written authorization of the DIRECTOR.
1. To assume responsibility for compliance with the California
Environmental Quality Act (CEQA) and to provide COUNTY with necessary information to
comply with the National Environmental Policy Act (NEPA) prior to gommencing project
implementation. This may include, when applicable, CITY preparation of NEPA
documentation in coordination with County staff.
5. Project Funding:
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Contract No. c40664
a. Project will'be financed under this Contract as follows:
Land Acquisition $ -0-
Design a~d Inspection $ 2,500.00 (Two Thousand Five Hundred
Dollars and no/100).
Construction $22,500.00 (Twenty-two Thousand Five
Hundred Dollars and no/100).
Total CDBG Funds $25,000.00 (Twenty-five Thousand Dollars
and no/100).
b. COUNTY shall not be responsible for any costs which exceed the approved
CDBG funding amount as referenced in Section 5.a. unless otherwise provided in advance
as referenced in Section 4.k.
c. Payment by the COUNTY to the CITY shall be on a reimbursable basis
unless CITY has been authorized and issued cash' advances by COUNTY under this Contract.
d. Cash advances requested by the CITY under this Contract shall be made by
the COUNTY to the CITY if the following conditions are met:
(1) The CITY has demonstrated to DIRECTOR through certification in a
form prescribed by DIRECTOR and subsequently through performance, its willingness and
capacity to establish CITY financial procedures that will minimize' the time elapsing
between the receipt of funds and proper disbursement of such funds.
(2) The CITY certifies to DIRECTOR, that ~he CITY*s financial
management system meets the standards for fund control and accountability prescribed in
Office of Management and Budget Circular No. A-102, as amended from time to time.
(3) The CITY complies with the cash advance procedures required by
financial procedures of EMA. These procedures require that upon. written receipt of
funds from the COUNTY, the CITY shall disburse payment(s) to vendor (s) within five (2)
working days and submit evidence of such disbursement(s) (i.e., warrant copies, etc.) to
the COUNTY.
If the CITY is subsequently found, by DIRECTOR, to be in
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Contract NO. C40664
noncompliance with Section 5.d.(1) through Section 5.d.(3), CITY shall be paid on a
reimbursable basis.
e. Reimbursable basis payments, as referred to in Section 5.c. above,
and/or cash advances described in Section 5.d. above, shall bemade in accordance with
EMA financial procedures. In the event of conflict between EMA financial procedures and
any applicable statutes, rules or regulations of HUD, including Office of Management and
Budget Circular No. A-102, the latter shall prevail.
6. CITY must inform the DIRECTOR (through periodic reports requested by EMA
staff) of any income g~nerated by the expenditure of CDBG funds received by the CITY;
and that per applicable Federal requirements, certain program income must be paid to the
COUNTY (e.g., interest earned on CDBG cash advances); and/or, the CITY may retain such
program income only if that program income is used exclusively for eligible activities,
at the discretion of the DIRECTOR, and in accordance with all CDBG requirements as may
then apply.
a. CITY 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.
b. In the event of CITY close-out or change in status of the participating
CITY in the Urban County CDBG Program, any program income at that time or received
subsequent to the close-out or change in status shall be paid by CITY to the COUNTY
within 90 days thereafter.
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7. Any proposed' modification or change in use of real property acquired or
improved in whole or in part by CDBG 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.
a. Should the disposition, sale or transfer of such real property acquired
or improved in whole or in part using CDBG funds result in a use which does not qualify
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Contract No. C40664
under CDBG Regulations, the COUNTY shall be reimbursed by CITY in an amount equai to the
current fair market value (less any portion thereof attributable to eXPenditures of non-
CDBG funds).
b. Any program income generated from the disposition, transfer or sale of
such property prior to or subsequent to the CITY close-out or change in status of the
CITY in the Urban County CDBG Program may be either used by CITY for other specific
eligible .activities in the CITY or paid to the COUNTY for other eligible 'Urban County
activities, as determined in advance of the expenditure at the discretion of the COUNTY.
8. CITY shall obtain an annual audit performed in accordance with OMB Circular
A128 and forward to Director a report copy as ~oon as the audit report becomes
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available. DIRECTOR shall have the right to ensure that necessary corrective actions
are made by the CITY for any audit findings pertinent to CITY handIing of funding
attributable to the CDBG Program or the CDBG Program per Federal requirements.
9. Neither COUNTY nor any officer nor employee thereof shall be responsible for
any damage or liability occurring by reason of any action or omission of CITY or its
agents, associates, contractors, subcontractors, materialmen, laborers, or any other
persons, firms, or corporations furnishing or supplying work service, materials, or
supplies in connection with CITY's performance of this Contract and from any and all
claims and losses accruing or resulting to any persons, firm or corporation for personal
injuries or property damage resulting from or as a consequence of, CITY's performance of
this Contract under or in connection with any work, authority or jurisdiction delegated
to CITY under this Contract. It is also understood and agreed that, pursuant to
California Government Code Section 895.4, CITY shall fully indemnify, defend and hold
COUNTY harmless from any liability imposed for injury (as defined by California
Government code section 810.8) occurring by reason of any action or omission of CITY
under or in connection with any work, authority or jurisdiction delegated to CITY under.
this Contract. CITY shall act in an independent capacity and not as officers, employees
.
or agents of COUNt-'.
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Contract No. C40664
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10. Neither CITY nor any officer nor employee thereof shall be responsible for
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any damage or liability occurring, by reason of any action or omission Of COUNTY, its
agents, associates~ 'contractors, subcontractors, materialmen, laborers, or any other
persons, firms, or corporations furnishing or supplying work, service;'.materials, or
supplies in connection with COUNTY's performance of this Contract and from any and all
claims and losses accruing or resulting to any persons, firm or corporation for personal
injuries or property damage resulting from or as a consequence of COUNTY's performance
of this Contract under or in connection with any work, authority or jurisdiction
delegated to COUNTY under this Contract. It is also 'understood and agreed that,
pursuant to California Government Code Section 895.4, COUNTY shall fully indemnify,
defend and hold CITY harmless from any liability imposed for injury (as defined by
California Government Code Section 810.8) occurring .by reason of any action or omission
of COUNTY unde~ or in connection w'ith any work, authority or jurisdiction delegated to
COUNTY under this Contract. COUNTY shall act in an independent capad~lty and not as
officers, employees or agents of CITY.
11. Where contract funds are withheld, and at the request and expense of CITY,
COUNTY will accept securities equivalent to the amount withheld. Such substituted
security, meeting the requirements of Government Code Section 4590, shall be deposited
with COUNTY, or with a State or Federally chartered bank as escrow agent. If security
is deposited with an escrow agent, it shall be covered by an escrow agreement.
12. In the event of CITY's failure to comply with the provisions of this
Contract, COUNTY may withhold or require CITY reimbursement of funds, and/or terminate
this Contract, and/or allocate funds previously assigned to this Contract to another
eligible project(s) within the Urban County.
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Contract No. C40664
IN WITNESS WHEREOF, CITY has caused this Cohtrac~ to be executed by its. Mayor
and attested by its Clerk; COUNTY has caused this Contract to be executed by the
Chairman of the Board of Supervisors and certified by Clerk of the Board, all having
been duly authorized by the City Council of CITY and the Orange County Board of
Supervisors.
Dated: By
ATTE ST:
CITY OF TUSTIN
Mayor l
City Clerk
COUNTY OF ORANGE, a pol'itical subdivision of
the State of California
Dated:
By
Chairman of the Board of Supervisors
COUNTY
SIGNED AND CERTIFIED THAT A COPY OF
i THIS DOCUMENT HAS BEEN DELIVERED TO
THE CHAIRMAN OF THE BOARD.
LINDA D. RUTH
Clerk of the Board of Supervisors
of Orange County, California
APPROVED AS TO FORM:
ADRIAN KUYPER, COUNTY COUNSEL
ORANGE COUNTY, CALIFORNIA
JMH: maWP8-4.9
512/89
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SPECIAL PROVISIONS
Exhibit 'A' to ~OUHTY/CiTY Contract
A. Section 3 - Com91iance with the ProTis%on of Tratoing _m~ployment and
Business OppOrtunity
The CITY shall cause or require to be inserted in full in all contracts and
subcontracts for uork financed in whole or part with federal financial assistance
provided under this Contract, the Section 3 clause set forth in 24 CFR 135.20(b). The
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CITY will provide such copies of 24 CFR Part 135, as may be necessary for the
information of parties to contracts required to contain the said SectiOn 3 clause.
Section 3 requires that to the greatest extent feasible, opportunities for
training and employment be made available to lower income residents within the unit of
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local government or metropolitan area (or non-metropolitan county), in which the project
is located. In addition, to the greatest extent feasible, contracts for work in
connection with the proJe~'c shall be awarded to business concerns which are located i~,
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or in substantial part owned by, persons residing in the same unit of local .government
or metropolitan area (or non-metropolitan county), in which the project ~s located.
The parties to this contract will comply with the provisions of said
Section 3, and the regulations issued pursuant thereto by the Secretary of Housing and
Urban Development set forth in 24 CFR 135, and all applicable rules and orders of the
Department issued the=sunder prior to the execution of this contract. The CONTRACTOR
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shall take appropriate action pursuant to the subcontract upon a finding that the
subcontractor is in violation of regulations issued by the Secretary of Housing and
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Urban Development, 24 CFR 135. The CONTRACTOR will not subcontract with any
subcontractor where it has notice or knowledge that the latter has been found in
violation of regul~tions under 24 CFR 135. The parties to this contract certify and
agree that they are under no contractual or other disability which would-prevent them
from complying with these requireme~tsl (Source: Title 24 CFR 135 revised
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. ~pril 1, 1984.)
II B. Equal Employment Opportunit~
i. In carrying out the program, the CITY shall not discriminate against any
Exh__~t 'A' to COUNTY/CITY Cont=act
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employee o= applicant £oz employment because of =ace, oolo=, =eligion, sex o= national
o=igin. ~e CI~ shall ~ke affi=~tive acti~ to ensu=e that applic~ts f'o= e~lo~ent
~e e~loy~ ~d that e~lo~es ~e t=ea~ d~ing e~lo~ent, without =~a=d to thei=
=ace, ~1o=, =eligion, sex oz national o=igin. Such a~ti~ sh~l i~lude, but not
limit~ to, ~e io11~ing= e~lo~nt, u~=adi~, d~~on o=
advertiaing~ la, fl oz te=minati~ =ares of pay o~ o~ez ~o=m, ~nsation~ ~d
sel~ion fo= t=aining, i~ludi~g a~=enti~ship. ~e C~ shall ~t in ~nspi=uous
plaoes, a~ilable to e~~es a~ applioants lo= e~o~n~, notices ~ be p=ovided by
~he ~ se~ting lo=th ~e p=ovisions of ~is nondiso=imination clause. ~e CI~
shall, in ~1 ~licitations o= ad~=~is~en~s fo= e~ees plaid by or on ~ha~ of
the CI~, state t~t all ~lifi~ a~lic~ts will =~e.ive ~nside=ation fo= e~lo~ent
without =ega=d to =ace, '~lo=, =eligion, sex o= na~io~ o=igin. ~e CI~ shall .
inuoz~zate the fo=egoing =e~i=e~nts of ~is ~ag=a~ in all of its
=e~i=e~n~s in all s~n~=au~ ~o= p=~=~ ~=k. Suoh ~nt=acts shall
assisted ~ns~ruction
~e CI~ s~ll cause o= =e~i=e to ~ i~e=ted in full in ~y non-exert
.
said =~a~io~ ~i~ is ~id ~o= in ~ole o= in ~t with assistance ~de= the-
~nt=act, ~e fo~ing e~l ~=~i~y
"Du=ing ~he ~=~o=~=e o~ ~is ~n~=ac~, ~he ~n~rac~o= ag=~es as follows=
1. ~e ~n~=acto= will not disc=~inate agains~ any eaployee o= applicant
~or e~lo~ent ~ause o~ race, ~1o=, =eligion, sex
will take affi=ma~ive action to e~u=e ~at applicants =e employed and tha= employees
ar~ tr~a~ed d~=ing e~lo~ent, Without =egard ~o thai=
~ na=ional o~ioin. Su=h action shall ~nclude, bu~ not be
~plo~en~, ~grading, demotion o= transfer, recrui~en~ ad~=tising, layoff
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1 5~: te~ination~ rates of pay or o~er forms of compensation and selection for t.raining,
2 : including app~'enticeship. ~he contractor agrees to post in conspiCuous places,
· 3 !! available to employees and applicants .for emplo, yment, notices ~0 be provided by.-~he CITY
4 'setting forth the provisions o£ ~his nondiscrimination clause.
5 2. ~he contractor will, in all solicitations or advertisements for
6 employees placed by or on behalf of the contractor state that all qualified applicants
viii receive consideration for employment vithout re~ard to race, color, religion, sex
or ' national origin.
3. ~he contractor rill send to each labor union or representative of
vorkers vith vhich he has a collective bargaining agreement or other contract or
understanding, a notice advising the said iabor union or ~orker's rep. resentatives
of the contractor's commitment under Section 202
September 24, 1965, and shall po~t copies of the notice on conspicuous places available
to employees and ~pplicants for
4. ~he contractor rill comply vith all provisions of Executive Order 11245'
of September 24, 1965 ap~ of the rules, regulationa and relevant orders of the Secretary
of Labor.
5. The contractor viii furnish all information and reports required by
Executive Orde~ 11246 of September 24, 1965 and by the rules, regulations and order of
the Secretary of z.abor or pucsuant thereto and rill permit access to his books, records
and accounts by the Department and the Secretary of Labor for purposes of investigation
to ascertain compliance vith such rules, regulations and' orders.
6. In the event of the contractor's noncompliance vith the
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nondiscrimination clauses of this contract or vith any of such rules, regulatio.ns or
orders, this. contract may be canceled, terminated or suspended in vhole or in part and
the contractor may be declared ineligible for further Government contracts or federally
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ii assisted construction contract in aCcordance vith procedures authorized in Executive
~ Order 11246 of September 24, 1965, or by rules, r.egulations or order
Exh._.= 'A' to COUNTY/CITY Contract
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tabor or as otherwise provided by law. .
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7. The contractor will include the portion of the sentence immediatei{
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preceding paragraph (1) beginning with the words "During the performance of..." and the
provisions of paragraphs (1) through (7) in every subcontract or purchase order unless
exempted by rules, regulations or orders of the Secretary of I, ubor issued pursuant to
Section 204 of the Rxecutiv, Order 11246 of Septea~er 24, 1965, so that such provisions
will be binding upon each subcontractor or vendor. The contractor will take such action
with respect to any subcontract or purchase order as the Department may direct as a
means of enforcing such provisions, including sanctions for noncompliance! provided,
however, that in the event a contractor becomes involved in, or is threatened with,
litigation with a subcontractor or vendor as a result of such direction by the
Department the'contractor ~ay request'the United States to enter into such litigation to
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protect the interest of the United States,
The CIT~ further agrees that ~t will be bound by the above e.q~al I
opportunity clause with respect to its own employment practices when it participates in .
federally assisted construction work. The a~bove equal opportunity .clause is not
· applicable to any agency, instrumentality or subdivision of such CITY which does not
participate in work on or under the contract.
The CITY a~rees that it will assist and cooperate actively with COUNTY,
HUD and the Secretary of Labor in obtaiging the compliance of contractors and
subcontractors with the equal, opportunity clause and the rules, regulations and relevant
22~ orders of the Secretary of Labor~ that it will furnish the COONTY, HUD and the Secretary
23 '] of Labor such information as they may require for the supervisions of such compliance~
24 and that it will otherwise assist the above parties in the discharge of its primary
:~ =esponsibili.~y for securing compliance.
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~ The CITY further agrees that it will refrain from entering into any con-
27 tract or contract modification subject to Executive Order 11246 of September 24, 1965,
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: with a contractor debarred from or who has not demonstrated eligibility for, Government
--4--
Exh~oit "&" tO ¢0.~/¢I~ Contract
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contracts and f .e~erally assisted construction contracts'pursuant to'the executive order .
and will ca£ry out such sanctions and penalties for violation of equal opportunity
clause as maybe i~pos~d upon 'contractors and subcontractors by BUD or the Secretacy 'o~
Labor pursuant to Pa~t IX, Subpazt B of the Executive Order. In addition, the 'CITY
agrees that if it fails or refuses to comply with these undertakings, the CO~FI~ may
take any or all of the following actions: Cancel, terminate or suspend in whole or in
part the grant or loan guarantee; refrain from extending any further assistance to the
CITY under the program with respect to which the failuce or refusal occurred until
satisfactory assurance of future compliance has been received from such CONTRACTOR.
(Source: .H/CD Funding Agreement J4 and Executive Order 11246, Pact II, Subpact B,'
Section 202, Title 2'4 CFR 130, revised April 1, 1984.)
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C. Federal Labor Standards
Except with respect to the rehabilitation of resi~enti'al property designed
for residential use for less 'than eight families, the .CITY and all contractors engaged
under contracts in excess of $2,000.00 (Two Thousand Dollars and no/100) for the
construction, prosec~tion, completion or repair of any building or work financed in
whole or in pa~t with assistance provided under this contract, ghall comply with HUD
requirements pertaining to such contracts and the applicable requirements of the
regulations of the .Depaztnent of Labor under 29 CFR Parts 3 (Copeland Act), 5, and 5a
(Davis-Bacon Act), governing the paifluent of wages and the ratio of apprentices and
trainees to Journelman: P~ovided, that if wage rates higher than those required under
such regulations are imposed by state of local law, nothing hereunder is. intended to
relieve the CITY of its obligation, i~. any, to require payment of the higher rates. The
CITY shall cause or require to be inserted in full, in all such contracts subject to
:i such regulations, provisions meeting the requirements of 29 CFR 5.5 and [or such
.. contracts in excess of $10,000, 29 CFR 5. The 'Federal Labor Standards Provisions' '
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... (HUD 4010) ace made pact of this contract.
No award of the contracts covered under this section of the contract shall
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be made to. any contractor who is at' the tima ineligible under the pr0visio, ns of any
applicable ~egulations of the Department of Labor to receive an award of such contract.
(Source: H/CD Funding Agreement %7)
All documents aub~itted by the CITY to the COUNTY which a~e required for
compliance with the Federal Labor Standards, shall be certified as being true, accurate,
Exh._~t 'A' to COUNTY/CITY Contract '
administering all programs and activities relating to housing and community development
'.i in a manner to affirmatively further fair housing~ and will take action to affirmatively
"further fair housing in the sale or rental of housing, the financing of housing, and the
2? ii provision of brokerage Services.
3. Section 109 of the Housing and Community Development Act. of 1974, and
Orange County H/CD)
D. Non-Discrimination
The CITY in an activity directly or iD~irectly financed under this contract,
shall comply with:
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1. Title VI of the Civil Rights Act of 1964 (Pub. L. 88-352), and the
regulations issued pursuant thereto (24 CFR Part 1), which provides that no person in
the United States shall on the grounds o£ race, color, or national origin, be excluded
from p~ticipation in, be denied the benefits of, or be otherwise subjected to
discrimination under any program or activity for which the applicant receives Federal
financial assistance and will immediately take any measures necessary to effectuate this
assurance. If any real property or structure thereon is provided or improved with the
aid of Federal financial assistance extended to the applicant, this assurance shall
obligate the applicant, or in the case of any transfer of such property, any transferee,
for the period during which the real property or structure is used for a purpose for
which the Federal financial assistance is extended~ or for another purpose involving the
provision of similar services or benefits.
2. Title VIII of the Civil Rights Act of. 1968 (Pub. L. 90-284), as amended,
and complete by the City Engineer or the Director of Public Works. (Source:
~ .t '&' to ¢0~/¢I~ Contract
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1 ii-the r'egul~tions issUed purs.uant thereto (24 CFR' Part 570.602), vhich provides that no
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2 ii person in the United 'States shall on the grounds of race, color, national origin, or
3 sex, be excluded from participation in, be denied the benefits of, or be subjected to
4 discrimination under, any program or activity funded in whole or in part with funds
$ provided under this Part.
6 4. Executive Order 11063 on equal opportunity in housing and
nondiscrimination in the sale or rental of housing built with l~deral assistance.
(Source: Title 24 CF~ Part 570.601, revised April 1, 1984)
E. &ccessibilit]~/Usabilit~ of Facilities and Buildings for Physically
Handicapped
The CITY in any activity directly or indirectly financed under this contract
shall require e.very building or facility (other than a privately owned residential
structure), designed, constructed, or altered with funds p=.ovided under this Part to
comply with the mAmerican Standard Specifications for Making Buildings and Facilities
Accessible to, and Usable by, the Physically Handicapped,m Number A-117.1-R 1971,
subject to the exceptions contained in 41 CFR 101-19.604. The CITY will be responsible
for conducting inspections to insure compliance with these specifications by any
contractor or subcontractor. (Source: 24 CFR Part 570.202(K), revised April 1, 1984)
F. Relocation
1. The CITY in any activity directly or indirectly financed under this
contract shall:
a. To the greatest extent practicable under State law, comply with
Sections 301 and 302 of Title III (Uniform Real Property Acquisition Policy) of the
Uniform Relocatioh Assistance and Real Property Acquisition Policies Act of 1970 and
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.i will comply with Sections 303 and 304 of Title III, and HUD implementing instructions at
Z6 i! 24 CFR Part 42; and
27 ,,~ b. Inform affected persons of their rights and of the acquisition
,.. policies and procedures set forth in the regulations in 24 CFR Pact 42 and 570.606
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~. .~ 'A' to COtTllt~/CZ?Y Contract
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1 .i revised ~pril 1, 1984)
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· ' a. Comply with ~itle I! (Uni£orm Relocation Assistance) of 'che Uniform
Relocation Assistance and Real Property ~equisition Policies
in~le~nenting regulations at 24 ~ Part 42 and
b. ~ovide ~e~a~ion ~en~s a~ o~e~ ~e~a~ion assis~ance as
des~ib~ in ~ion 205 o~ the Uni~o~m Re~a~ion ~sis~a~e ~ ~o a~ ~sons
disp~a~ as a reset o~ ac~isition o~ real p~rty ~or an activity assis~d ~er ~e
~m~i~y ~ve~o~en~ B~k Gran~ ~ram. Such ~en~s and assis~ance sha~ be '
provid~ in a ~air and consis~en~ and e~i~b~e ~er ~a~ i~es ~a~ ~e re~oca~ion
pr~ess bs ~ res~ in di~eren~ or se~a~e ~reamen~
race~ ~1o~ re~igion~ national ori~in~ sex~ or ~urce o~ in~e~
3. Assure ~a~t within a rea~nable ~ri~ ~o ~ime prior ~o displacemen~
~a~ab~e d~nt, sa~e and sanit~y rep~a~nt d~ings will be avai~ab~e to a~
displaced ~i~ies ~d ~ividuals ~ ~at ~e range o~ choices available 2o such
~r~ns w~ not v~y on ac~t o~ ~eir race, ~1or, rel~gion, nat~ona~ origin, sex,
o~ ~u~ce o~ i~ome~ and
4. In~o~m a~ted ~ns o~ ~e ~e~ation assistance, ~icies and
p~o~d~es set ~o~ in ~e' ~at~ons a~ 24 ~ P~2 42 and 570.606. (Sou~ce~ Tik~e
24 C~ P~k 570.606, ~evis~ ~il 1, 1984)
L~d-~s~ Paint Naza~ds
~e ~t~uction o~ rehabi~ita~i~ o[ ~esiden2i~ structures wi~h assis2ance
p~ovided ~er th~s Contract is sub~t t~ ~e ~ Lead-~se Paint
Part 35. ~y grants or ~s ~ade by the CI~ o~ ~k per,or.ed by ~e CI~ ~or khe
-'~5 !~ rehabilitation of residential' structures with assistance provided under this Contract
;:
~6 '; shall be made subJec.t to the provisions for the elimination of lead-base paint hazards
under subpart C of said regulations and the CITY shall be responsible for the
' inspections and certifications required under Section 35.24 thereof. (Source: H/CD
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Exho.lt 'A' to COUh'IT/cITY Contract
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FUnding Agreement J5 and 24 CFR Pa~t 35 and-570.608 revised Apri'l 1, 1984)
H. Flood Disaster "
This Cont=act is subject ~o the requirements of ~e Flood Disaster
Protection Act o£ 1973 (P.L. 93-'234). No portion of the assistance provided under this
Contract is approved for aoqUisition or oonstzuction purposes-as defined under
Section 3 (a) of ~aid Act, for use in an a~ea identified by ~le Secretary as having
specia~ flood hazards, which is located in a connunity not then in compliance with the
requi~ements for pa~ticipation in the national flood insurance progran pursuant to
Section 201(d) of Said Acty and the use of any assistance provided under this Contract
for such acquisition or construction in such identi£ied azeas in colmuunities then
Pa~ticipating in the national flood insurance program shall be subject to the mandatory
purchase of flood insurance requi~emen~'s of Section 102(a) Of said Act.
Any Contract or Agreement for the sale, lease or .other transfe~ of land
acqui~ed, cleared· o~' improved with assistance provided under this contract sha]~
contain, if such land is located in an a~ea identified by the Secretary as having
special flood hazards and in which the sale of flood insurance has been ~ade available
under the National Flood Insurance Act of 1968· as amended· 42 U.S.C. 4001 et seq. ·
provisions obligating the transferree and its successors or assignees to obtain and
nainb'ain· dm:ing the owne£ship of such land· such flood insurance as requir~d, with
respect to financia~ assisbance for .acquisition or construction purposes unde~
Section 102(a)' of the Flood Disaster Protection Act of 1973. Such provisions shall be
required notwithstanding the fact that the construction on such land is no~ itself
funded with assistance provided under this contract. (Source: H/CD Funding
sent J3)
The C~ shall cgmply with the provisions of Executive Order 1129~
to evaluation of flood hazards and Executive Order 1~288 relating to the prevention,
control· and abatement of water pollution. (Source: ~itle 24 CFR 570.605 revised
Ap~£1 l, ~984)
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Rxh...~tt 'A" to CO~/CI~/ Contra'ct
I. Compliance with Air and Water Acts.
The CITY shall cause or require to be inserted in full in all non-exempt
contracts or suboontracts for work furnish~d in whole or in pert by the grant contracts,
~he following requirements (provided' that contracts, subcontracts and subloans not
exceeding $100,000.00 (One Hundred Thousand Dollars and no/100) are exempt from this
p&ct:
This Contract is subject to the requirements of the Clean Air Act, as
amended 42 USC 1857 et seq., the Federal Water Pollution Control Act, as amended 33 USC
1251 et seq., and the regulations of the Environmental Protection Agency with respect
thereto, at 40 CFR Part 15, as amended from time to time.
In compliance with .said regulations, the CITY shall cause or require to be
inserted in full In all contracts and suboo~trects, dealing ~ith any =on-exempt
transaction thereunder funded with assistance p~ovided under this contract, the
following requi=eme, nts~.
1. A stipulation by the contractor or subcontractors that any facility to
be utilized in the performance of any non-exempt contract or subcontract is not listed
on the list of Violating Facilities issued by the Environmental Protection Agency (EPA)
pursuant to 40 CFR 15.20.
2. Agreement by the contractor that he will com~ly with all the
requirements of Section 114 of the Clean Air Act, as amended (42 USC 1857c-8) and
Section 308 of the Federal Water Pollution Control Act, as amended (33 USC 13i8)
=elating t~ inspection, monitoring, entry, reports and information, as well as all other
requirements specified in said Section 114 and Section 308,' and all regulations and
guidelines issued thereunder.
3. A stipulation that as a condition for the award of the contract prompt
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notice will be given of any notifkcation received from the Director of the EPA, Office
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: of Federal Activities or any agent of the office, that a facility utilized or to be
utilized for the cont'~act is under consideration to be listed on the EPA list of
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Violating Facilities.
Exhluit 'A' to COUNTY/CITY Contract
4..An Agreement by t.he contractor that he will include or cause to be
included the criteria a~d requirements in pa£agraph (1) 'through (4) of this section in
every non-exert subcontract and requiring that the contractor will take such action as
the Government may direct as a means of enforcing such provisions.
In no event shall any a~ount of the assistance provided under this
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contract be utilized with respect to a facility which has given rise to a conviction
under Section 113(c)(1) of the Clean Air Act of Section 309(c) of the Federal Water
Pollution Control Act. (Sou=ce= H/CD Funding Agreement
J. Mana~emant Com~liance
The CITY in any activity directly or i~directly financed under this contract
shall comply with regulations, polic~es, guidelines and requirements of OMB Circular No.
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A-102, Re%ised, and Federal Management Circular 74-4: Cost principles applicable to
grants and contract with State and local governments, and Federal Management Circular
74-7: Uniform Administrative Requirements for grant-in-aid to State and local
governments as they relate to the application, administration, acceptance and use of
Federal funds under this Part. (Source: Title 24 CFR Part 570.200(4) revised April 1,
1984)
K. Obli~ations of ~Contractor with Respect to Certain Third Party Relationships
The CITY shall remain fully obligated under the provisions of this contract
notwithstanding its designation of any third party or parties for the undertaking of any
part of the program with respect to which assistance is being provided under this
contract to the CITY. Such third party or parties shall comply with all lawful
requirements of the CITY necessary to insure that the program with respect to which
assistance is being provided under this contract to the CITY is carried out in
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,~ accordance with the CITY's assurances and certifications, including those with respect
"to the. assumption of environmental responsibilities of the CITY under Section 104(h) of'
.' the Housing and Community Development Act of 1974. (Source: H/CD Funding Agreement %9)
.RM. .t 'A'-to-COOHTY/¢~TY Contract
1 . L. Zn'terest of Certain Federal Officials
2 No member of Delegate' to the Congress of the United states and no' Resident '
3 ~i Co~missionar, shall be admitted to any share or part of this contract or to any benefit
4 ii to ~:ise from the sane. -(Sou=ce: H/CD Funding Agreement Il0) .-
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~ linits the political activity of employees (Source: Title 24 CFR Part 570.458(14)" (M)-
~; (Xl), revised April 1, 19841
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M. Interest of Ma~bers, Officers or E~plolmes .of CI~, ~rs, of [~al
~=nin~ ~ o= Other ~lic O~ficials
~ ~=, offi~= o= e~!oy~ of ~e ~ o= C~ its design, s
age~s, no ~=s of ~e go.ming ~y of ~e l~ality in which ~e p=~=~
si~2ed a~ no o~e= ~blic of~ici~ of su~ l~ality o= l~aliti.es who exercise any
func~io~ o= =es~nsibilities wi~ =esp~t to ~e pz~=~ during his ten=e o= for .one
yea= ~e=eafte=, 8~11 have ~y intezeat, di=~t or indi=~t, in any ~nt=act,
su~n~=ac~ o= ~e prods ~e=~f, ~o= work to be ~=fo~ in ~nn~ion with the
p=~=~ assisted ~dez thi~ ~nt:act. ~e C~ sh~l i~oz~=ate o= cause to
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in~z~=ated, in ~1 s~h ~nt~acts' o~ s~~=acts a pz~ision pr~ibi~ing such
interest ~=s~nt to the ~=~e of ~is 8~tion. (~uzce~ ~ ~ding Ag=eeMnt ~11,
Title 24 ~ 570.611 and 570.458(14) (~) (X), revised ~zil 1, 1984)
N. P=~ibition A~ai~t Parents of ~nus o= ~mission
~e assista~e p=ovid~ ~de= ~is contract shall not ~ us~ in the pa~ent
of any ~nus o= mission fo= ~e ~se of shrining ~D app=ov~ of ~e application
fo= such assis~e or ~ a~=oval of a~lication toz additional assistance of ~y
o~er app=ov~ o= ~~=ence of ~ =e~i=ed ~e= ~is ~nt=act, provided,
that =ea~nable f~s or ~a fide ~chnical, ~ns~nt, ~age=ial or other such
se=vices, o~e= than act~l solicitation, =e not hereby p=~tbited'if o~wise
eligible as p=~=~ ~8t. (~urce= ~ F~ding Agreement ~12)
O. Hatch Act ~liance
~e C~ a~ C~ shall ~ly with ~e provisions of the Hatch Act ~ich
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u'N: bj gA~2- 5
06/16/86
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P. Definitions
..
Throughout these Special 'PrOvisions the meaning of words shall be that
meaning given by the act, ~egulation, Executive Order, Federal Management Circular,
agreement, o= rule cited herein as the source for the section in which the word appears.
(Source: Orange County Counsel)
9- Note
Federal Managen~nt Circular 74-7 has been replaced with Office of Management
and Budget. (OMB) A-102.
ilff,#ll t, fl Kill,
EXHIBIT "B"
Contract No.
C40664
/'
· Orange Street (Tustin High
· (inci'udes alleys', not shown)
School) Area