HomeMy WebLinkAboutCC 6 GRAFFITI REMOVAL 11-19-90CONSENT CALENDAR NO. 6
11-19-90
�► Inter - Com
DATE: NOVEMBER 191 19 9 0
TO: WILLIAM A. HUSTON, CITY MANAGER
FROM: COMMUNITY DEVELOPMENT DEPARTMENT
SUBJECT: PROPOSED CONTRACT WITH THE COUNTY OF ORANGE FOR THE GRAFFITI
REMOVAL PROGRAM
RECOMMENDATION
It is recommended that the City Council approve the attached
contract as submitted.
BACKGROUND
Enclosed is the proposed contract between the City of Tustin and
the County of Orange Housing and Community Development Block Grant
Program transferring funds from the previously approved Commercial
Rehabilitation Program Contract from Year 14 to be utilized for a
Graffiti Removal Program as follows:
° Contract No. C40665 Commercial Rehabilitation $20,000
° Transferring to Contract No. C40665-1 Graffiti Removal
Program, $20,000
These funds will be utilized for a Graffiti Removal Program
primarily targeted for the southwest portion of the City and other
needy areas Citywide. The project will benefit low and moderate
income residents living in the City's Community Development Block
Grant Target Area.
The City Attorney has reviewed the attached contract and finds it
acceptable.
1
Beth Schoemann Christine A. Shing on
Associate Planner Director of Commu y Development
BBS:CAS:kbc\graffiti.bbs
Attachment: Contract No. C40665-1
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Contract No. C40665-1 i
COUNTY OF ORANGE
ENVIRONMENTAL MANAGEMENT AGENCY
HOUSING AND COMMUNITY DEVELOPMENT CONTRACT
TITLE OF PROJECT: City of Tustin - GRAFFITI Removal Program Citywide (N15.60) (Year 14)
Amendment to Contract entered into this day of ,
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BY AND BETWEEN
and
CITY OF TUSTIN, a municipal corporation,
hereinafter referred to as CITY,
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.
W I T N E S S E T H
WHEREAS, the parties hereto previously entered into Commercial Rehabilitation Loan
Program Contract No. C40665 for $20,000.00 (Twenty Thousand and no/100), dated
March 13, 1990, for low-interest loans, grants or rebates to businesses in the E1 Camino
Real and First Street Specific Plan areas, pursuant to the Housing and Community
Development Act of 1974 (Public Law 93-383) as amended, and
WHEREAS the CITY has submitted to the County a request for reprogramming the
$20,000 (Twenty Thousand Dollars and no/100) of Contract C40665 from Commercial
Rehabilitation for E1 Camino Real and First Street Specific Plan Areas which is no
longer a feasible project; and j
WHEREAS, the CITY has requested certain amendments to Contract No. C40665 to allow
for the Community Development Block Grant funds to be reprogrammed and used for a
Citywide Graffiti Removal Program targeted for low- and moderate -income housing areas,
and
NOW THEREFORE, the above Contract C40665 is hereby amended as follows:
A. Contract Deletions:
Page 2 lines 23 to 25
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Contract No. C40665-1
It is agreed by all parties that the project shall be completed and all funds
2 provided through this Contract shall be expended on eligible project activities prior to
3 December 31, 1990.
4 B. The following shall be substituted in place of the above:
5 Page 2 lines 23 to 25
6 It is agreed by all parties that the project shall be completed and all funds
7 provided through the contract shall be expended on eligible project activities prior to
8 December 31, 1991.
9 C. Contract Deletions:
10 Page 2 lines 14 to 22
11 2. It is understood that the CITY will act as PROJECT MANAGER for the project
12 described as: Commercial Rehabilitation (N15.6). CITY will eligibly utilize CDBG funds
13 for low-interest loans, grants or rebates of up to $2,000.00 (Two Thousand Dollars and
no/100) each to businesses in the E1 Camino Real and First Street Specific Plan areas,
15 and Newport Avenue starting at E1 Camino Real northerly to 1st Street for minor exterior
16 improvements and beautification (see attachment map, Exhibit "B", which is part of this
17 Contract). The project will benefit low- and moderate -income residents of the area
18 which will be documented by the CITY prior to making a funding commitment to each
19 business.
20 D. The following shall be substituted in place of the above:
21 Page 2 lines 14 to 22
22 2. It is understood that the CITY will act as PROJECT MANAGER for the project
23 described as: GRAFFITI Removal Program Citywide (N15.60) (Yr.14) . CITY will utilize
24 $20,000 dollars of CDBG funds for a Graffiti Removal Program targeted for slum and
25 1 blighted housing and areas Citywide. Project will benefit low- and moderate -income
26 !residents living in the target area (see attached map, EXHIBIT "B") .
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Contract No. C40665-1 i
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 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:
ATTEST:
City Clerk
15 Dated:
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17 SIGNED AND CERTIFIED THAT A COPY OF
THIS DOCUMENT HAS BEEN DELIVERED TO
18 THE CHAIRMAN OF THE BOARD.
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20 LINDA D. RUTH
Clerk of the Board of Supervisors
21 of Orange County, California
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APPROVED AS TO FORM:
23 ADRIAN KUYPER, County Counsel
ORANGE COUNTY, CALIFORNIA
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-1 H/CD28 � �
' DDM: bj gAWP8-1(C40665-1)
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10/26/90
CITY OF TUSTIN
By
Mayor
COUNTY OF ORANGE, a political subdivision
of the State of California
By
Chairman of the Board of Supervisors
COUNTY
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ExI '-it "A" to COUNTY/CITY Contact
SPECIAL PROVISIONS
1 A. Section 3 - Co=1i_nce with the Provision of Training Employment and
2 Business Opportunity
3 The CITY shall cause or require to be ins•arted in full in all contracts and
4 subcontracts for work 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
6 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.
8 Section 3 requires that to the greatest extent feasible, opportunities for
9 training and employment be made available to lower income residents within the unit of
10 1local government or metropolitan area (or non -metropolitan county), in which the project
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is located. In addition, to the greatest extent feasible, contracts for work in
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connection with the project shall be awarded to business concerns which are located in,
13': or in substantial part owned by, persons residing in the same unit of local government
4 or metropolitan area (or non -metropolitan county), in which the project is located.
1D The parties to this contract will comply with the provisions of said
16 Section 3, and the regulations issued pursuant thereto by the Secretary of Housing and
11 Urban Development set forth in 24 CFR 135, and all applicable rules and orders of the
18 Department issued thereunder prior to the execution of this contract. The CONTRACTOR
19 shall take appropriate action pursuant to the subcontract upon a finding that the
20 ;subcontractor is in violation of regulations issued by the Secretary of Housing and
21 ,Urban Development, 24 CFR 135. The CONTRACTOR will not subcontract with any
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" ,i subcontractor where it has notice or knowledge that the latter has been found in
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,violation of regulations under 24 CFR 135. The parties to thiscontract certify and
24:,agree that they are under no contractual or other disability which would prevent them
25 ;from complying with these requirements. (Source: Title 24 CFR 135 revised
26 April 1, 1984.)
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B. Equal Employment Opportunity
Zg In carrying out the program, the CITY shall not discriminate against any
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EX -1"' ;t "A" to COUNTY/CITY Contract
1 termination; rates of pay or other forms of compensation and selection for training,
including apprenticeship. The contractor agrees to post in conspicuous places,
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3 available to employees and applicants for employment, notices to be provided by the CI'T'Y
4 setting forth the provisions of this nondiscrimination clause.
15 2. The contractor will, in all solicitations or advertisements for
6 employees placed by or on behalf of the contractor state that all qualified applicants
i will receive consideration for employment without regard to race, color, religion, sex
8 or national origin.
9 3. The contractor will send to each labor union or representative of
10 i workers with which he has a collective bargaining agreement or other contract or
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11 understanding, a notice advising the said labor union or worker's representatives
12 ; of the contractor's commitment under Section 202 of Executive Order 11246 of
13j September 24, 1965, and shall post copies of the notice on conspicuous places available
4 ' to employees and applicants for employment.
15 i 4. The contractor will comply with all provisions of Executive Order 11246
16 of September 24, 1965 and of the rules, regulations and relevant orders of the Secretary
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of Labor.
18 + 5. The contractor will furnish all information and reports required by
19 Executive Order 11246 of September 24, 1965 and by the rules, regulations and order of
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the Secretary of Labor or pursuant thereto and will permit access to his books, records
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.and accounts by the Department and the Secretary of Labor for purposes of investigation
22�to ascertain compliance with such rules, regulations and orders.
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i 6. In the event of the contractor's noncompliance with the
24 ;nondiscrimination clauses of this contract or with any of such rules, regulations or
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.;orders, this contract may be canceled, terminated or suspended in whole or in part and
26 ;!the contractor may be declared ineligible for further Government contracts or federally
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'!assisted construction contract in accordance with procedures authorized in Executive
2811 Order 11246 of September 24, 1965, or by rules, regulations or order of the Secretary of
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Exh"'-it "A" to COUNTY/CITY COntiaCt
1 contracts and federally assisted construction contracts pursuant to the executive order
and will carr out such sanctions and
-- y penalties for violation of equal opportunity
3 clause as may be imposed upon contractors and subcontractors by HUD or the Secretary of
4 Labor pursuant to Part II, Subpart B of the Executive Order. In addition, the CITY
5 . agrees that if it fails or refuses to comply with these undertakings, the COUNTY may
6 take any or all of the following actions: Cancel, terminate or suspend in whole or in
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7 part the grant or loan guarantee; refrain from extending any further assistance to the
8 CITY under the program with respect to which the failure or refusal occurred until
9 satisfactory assurance of future compliance has been received from such CONTRACTOR.
10 (Source: H/CD Funding Agreement #4 and Executive Order 11246, Part II, Subpart B,
11 .;zction 202, Title 24 CFR 130, revised April 1, 1984.)
12 C. Federal Labor Standards
13 Except with respect to the rehabilitation of residential property designed
for residential use for less than eight families, the CITY and all contractors engaged
15 1under contracts in excess of $2,000.00 (Two Thousand Dollars and no/100) for the
16 construction, prosecution, completion or repair of any building or work financed in
17 whole or in part with assistance provided under this contract, shall comply with HUD
18 requirements pertaining to such contracts and the applicable requirements of the
19 regulations of the Department of Labor under 29 CFR Parts 3 (Copeland Act), 5, and 5a
20 (Davis -Bacon Act), governing the payment of wages and the ratio of apprentices and
21 trainees to journeyman: Provided, that if wage rates higher than those required under
22 such regulations are imposed by state of local law, nothing hereunder is intended to
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relieve the CITY of its obligation, if any, to require payment of the higher rates. The
24 CITY shall cause or require to be inserted in full, in all such contracts subject to
25 such regulations, provisions meeting the requirements of 29 CFR 5.5 and for such
26 i contracts in excess of $10,000, 29 CFR 5. The "Federal Labor Standards Provisions"
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(HUD 4010) are made part of this contract.
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No award of the contracts covered under this section of the contract shall
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Exh""it "A" to COUM/CITY Contract
1 the regulations issued pursuant thereto (24 CFR Part 570.602), which provides that no
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
7 nondiscrimination in the sale or rental of housing built with Federal assistance.
8 (Source: Title 24 CFR Part 570.601, revised April 1, 19 84)
9 E. Accessibility/Usability of Facilities and Buildings for Physically
10 Handicapped
11 The CITY in any activity directly or indirectly financed under this contract
12 shall require every building or facility (other than a privately owned residential
13 i structure) designed, constructed, or altered with funds provided under this Part to
4 comply with the "American Standard Specifications for Making Buildings and Facilities
10 Accessible to, and Usable by, the Physically Handicapped," Number A -117.1-R 1971,
16 subject to the exceptions contained in 41 CFR 101-19.604. The CITY will be responsible
17 for conducting inspections to insure compliance with these specifications by any
18 contractor or subcontractor. (Source: 24 CFR Part 570.202(R), revised April 1, 1984)
19 F. Relocation
20 1. The CITY in any activity directly or indirectly financed under this
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contract shall:
22 a. To the greatest extent practicable under State law, comply with
23 ; Sections 301 and 302 of Title III (Uniform Real Property Acquisition Policy) of the
2`1 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and
25 will comply with Sections 303 and 304 of Title III, and HUD implementing instructions at
26 24 CFR Part 42; and
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b. Inform affected persons of '_heir rights and of the acquisition
28 policies and procedures set forth in the regulations in 24 CFR Part 42 and 570.606
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Exhi`; t "A' to COUNTY/CITY Contract
1 Funding Agreement #5 and 24 CFR Part 35 and 570.608 revised April 1, 1984)
H. Flood Disaster
3 This Contract is subject to the requirements of the Flood Disaster
4 Protection Act of 1973 (P.L. 93-234) . No portion of the assistance provided under this
Contract is approved for acquisition or construction purposes as defined under
6 Section 3(a) of said Act, for use in an area identified by the Secretary as having
7 special flood hazards, which is located in a community not then -n compliance with the
8 requirements for participation in the national flood insurance program pursuant to
9 Section 201(d) of Said Act; and the use of any assistance provided under this Contract
10 for such acquisition or construction in such identified areas in communities then
11 participating in the national flood insurance program shall be subject to the mandatory
12 purchase of flood insurance requirements of Section 102(a) of said Act.
13 Any Contract or Agreement for the sale, lease or other transfer of land
acquired, cleared, or improved with assistance provided under this Contract shall
15. contain, if such land is located in an area identified by the Secretary as having
16 special flood hazards and in which the sale of flood insurance has been made available
17 under the National Flood Insurance Act of 1968, as amended, 42 U.S.C. 4001 et seq.,
18 provisions obligating the transferree and its successors or assignees to obtain and
19 maintain, during the ownership of such land, such flood insurance as required with
20 respect to financial assistance for acquisition or construction purposes under
21 Section 102(a) of the Flood Disaster Protection Act of 1973. Such provisions shall be
22. required notwithstanding the fact that the construction on such land is not itself
23 funded with assistance provided under this Contract. (Source: H/CD Funding Agree -
24 ment #3)
25 The CITY shall comply with the provisions of Executive Order 11296, relating
26:; to evaluation of flood hazards and Executive Order 11288 relating to the prevention,
control, and abatement of water pollution. (Source: Title 24 CFR 570.605 revised
April 1, 1984)
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Exh,*'t "A" to COUNTY/CITY Contract
1 violating Facilities.
4. An Agreement by the contractor that he will include or cause to be
3 included the criteria and requirements in paragraph (1) through (4) of this section in
4 every non-exempt subcontract and requiring that the contractor will take such action as
:5 the Government may direct as a means of enforcing such provisions.
6 In no event shall any amount of the assistance provided under this
contract be utilized with respect to a facility which has given rise to a conviction
8 under Section 113(c)(1) of the Clean Air Act of Section 309(c) of the Federal Water
9 Pollution Control Act. (Source: H/CD Funding Agreement #6)
10 J. Management Compliance
11 The CITY in any activity directly or indirectly financed under this contract
12 shall comply with regulations, policies, guidelines and requirements of OMB Circular No.
13 A-102, Revised, and Federal Management Circular 74-4: Cost principles applicable to
grants and contract with State and local governments, and Federal Management Circular
15 74-7: Uniform Administrative Requirements for grant-in-aid to State and local
16 governments as they relate to the application, administration, acceptance and use of
17 Federal funds under this Part. (Source: Title 24 CFR Part 570.200(4) revised April 1,
18 1984)
19 K. Obligations of Contractor with Respect to Certain Third Party Relationships
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20 The CITY shall remain fully obligated under the provisions of this contract
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notwithstanding its designation of any third party or parties for the undertaking of any
22 part of the program with respect to which assistance is being provided under this
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contract to the CITY. Such third party or parties shall comply with all lawful
24 requirements of the CITY necessary to insure that the program with respect to which
25 assistance is being provided under this contract to the CITY is carried out in
26 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
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the Housing and Community Development Act of 1974. (Source: H/CD Funding Agreement #9)
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Exh,` -* t "A" to COUNT`_'/CITY Contract
1 P. Definitions
Throughout these Special Provisions the meaning of words shall be that
3 meaning given by the act, regulation, Executive Order, Federal Management Circular,
4 agreement, or rule cited herein as the source for the section in which the word appears.
(Source: Orange County Counsel)
6 Q. Note
Federal Management Circular 74-7 has been replaced with Office of Management
8 and Budget (OMB) A-102.
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EXHIBIT B
CONTRACT NO. C40665-1
Graffiti Removal (Citywide)
Housing /Community Development ENVIRONMENTAL MANAGEMENT AGENCY UTN