HomeMy WebLinkAboutConsent Cal. #5 5-18-87 CONSENT CALENDAR
· '~'"~ '.= ': 5-18-87
I
TO:
FROM:
SUBJECT:
WILLI/kq A. HUSTOII, CITY IqA#AGER
COI~NITY DEVELOPMENT DEPARTHENT
PROPOSED CONTRACT WITH COUEi'Y OF ORANGE FOR PRO¥ISIO# OF SENIOR CITIZEN
CENTER FUNDS - 12TH YEAR HOUSI#G AND C01~#ITY DEYELOPHE#T PROGPJUq
RECOIIIENDATTON:
It is recommended that the City Council approve the attached contract as submitted.
BACKGROUND:
Enclosed is a proposed contract between the City and the County of Orange which
-- implements the portion of our 12th year Housing and Community Development (HCD).Block
Grant application described as Public Facilities and Improvements, Multi-Service
Senior Citizen Center. On November 18, 1985 the City Council approved the City's 12th
year HCD application which recommended HCD funds be allocated to the Senior Citizen
Center construction project. The County Board of Supervisor's approved the City's
12th year HCD application on May 21, 1986 and specifically approved $20,000 for the
Senior Citizen Center project. The ($20,000) funds will be utilized for, but not
limited to, paving and surfacing o.f the Senior Citizen Center parking lot proposed at
200 South "C" Street.
The City Attorney has reviewed the contract and finds it acceptable.
Mary/Ann ~amberlain
Assoct ate 'P1 anner
MAC: pef
Director of Community Development
ATtachment' Contract
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Contract No. C40328
COUNTY OF ORANGE
ENVIRONMENTAL MANAGEMENT AGENCY
HOUSING AND COMMD'NI~ DEVELOPMENT CONTRACT
TITLE OF PROJECT: Tustin: Public Facilities and Improvements, Multi-Service Senior
Center (L15.3)
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 October 9, 1984 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 funding
of a project hereinafter described, and
WHEREAS, the COUNTY has entered into separate agreements dated August 12, 1986
and November 4, 1986, with the U.S. Department of Housing and Urban Development
(hereinafter designated as HUD) to fund said project under the Housing and Community
Development Act of 1974 (Public Law 93-383), as amended (hereinafter referred to as
ACT).
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:
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Contract No. C40328
a. Project Manager: The party responsible for, but whose responsibility is
not limited to the following: Contracting, monitoring and implementing the project
through completion.
b. 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.
c. Director: The Director of the Orange County Environmental Management
Agency 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
described as: Public Facilities and Improvements, Multi-Service Senior Center (L15.3).
Funds will be utilized for, but not limited to, paving and surfacing of the Senior
Center parking lot (see map, Exhibit "B"). The center will provide services for low-
and moderate-income Senior residents within the CITY and surrounding areas.
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 December 31, 1987. 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 by 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 amendment to this Contract shall be submitted to and approved by the
COUNTY, prior to commencement by CITY of any activity covered by said amendment.
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Contract No. -C40328
b. To submit any and all third-party contracts funded 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
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 accordance with the Construction Bid Package which DIRECTOR approved unless prior
written approval is received from DIRECTOR for-modification thereof.
e. That all work shall be in accordance with all applicable CITY
regulations.
f. That the project shall be implemented 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 payment of HUD CDBG funds.
h. That DIRECTOR, shall periodically evaluate the CITY's progress in
complying with the terms of this Contract. CITY shall cooperate fully during such
monitorings. DIRECTOR shall report the findings of each monitoring to the CITY and
Orange County Board of Supervisors. If it is determined by the Board of Supervisors
that performance or progress on performance is unsatisfactory, the Board of Supervisors
may withhold further funding on the project pending resolution of the unsatisfactory
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Contract No. C40328
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
as soon as practicable 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 the COUNTY as soon as practicable. COUNTY may then reallocate returned
funds to another Urban County project(s) previously approved by the Board. 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 commencing project
implementation. This may include, when applicable, CITY preparation of NEPA documen-
tation in coordination with County staff.
5. Project Funding:
a. Project will be financed under this agreement as follows:
no/lO 0 ).
Land Acquisition
Design and Inspection
Construction Contract
$ --0--
$ -0-
$20,000.00 (Twenty Thousand Dollars and
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Contract No. C40328
no/lO0).
Total Block Grant Funds
$20,000.00 (Twenty Thousand Dollars and
b. COUNTY shall not be responsible for any costs which exceed the approved
Block Grant amount as referenced in 5.a. unless otherwise provided in advance as
referenced in 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 the 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 the
Financial Procedures of the Housing and Community Development Program Office of County's
Environmental Management Agency (hereinafter referred to as EMA). These. procedures
require that upon written receipt of funds from the COUNTY, the CITY shall disburse
payment to vendor within five (5) 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
noncompliance with 5.d.(1) through 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 5.d. above, shall be made in accordance with the
financial procedures of EMA. In the event of conflict between such financial procedures
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Contract No. C40328
and any applicable statutes, rules or regulations of HUD, including Office of Management
and Budget Circular No. A-102, the latter shall prevail.
6. 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 COUNTY.
7. Neither CITY nor any officer nor employee thereof shall be responsible for
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
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Contract No. C40328
California Government Code Section 810.8) occurring by reasoh of any action or omission
of COUNTY under or in connection with any work, authority or jurisdiction delegated to
COUNTY under this Contract. COUNTY shall act in an independent capacity and not as
officers, employees or agents of CITY.
8. 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.
9. In the event of CITY's failure to comply with the provisions of this
Contract, COUNTY may withhold funds and/or terminate this Contract and allocate funds
previously assigned to this Contract to another eligible project(s) within the Urban
County.
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Contract No. C40328
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.
CITY OF TUSTIN
Dated: By
ATTEST:
Mayor
City Clerk
COUNTY OF ORANGE, a political subdivision of
the State of California
Dated: By
~airman of the Board of Supervisors
COUNTY
SIGNED AND CERTIFIED THAT A COPY OF
THIS DOCUMENT HAS BEEN DELIVERED TO
THE CHAIRMAN OF THE BOARD.
LINDA D. ROBERTS
Clerk of the Board of Supervisors
of Orange County, California
APPROVED AS TO FORM:
ADRIAN KUYPER, COUNTY COUNSEL
ORANGE COUNTY, CALIFORNIA
By
03/30/87
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~ONTRACT NO. C40328
Exhibit "A" to COUNTY/CITY Contract
SPECIAL PBOVIS IONS '
A. S. ection 3 - Compliance with the Provision of Training Fmp. loyment an~
Business Opportunity
The CITY shall cause or require to be inserted in full in all contracts
and 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 CITY will provide such copies of 24 CFR Part 135, as may be
necessary fo~ 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 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 project shall be awarded to business concerns which are
located in, 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 is 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 thereunder prior to the execution of this contract. The
CONTRACTOR 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 Urban Development, 24 CFR 135. The C73NTRACTOR will not subcontract with
any subcontractor where it has notice or knowledge that the latter has been found in
violation of regulations 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 requirements. (Source: Title 24 CFR 135 revised
· April 1, 1984.)
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B. Equal Employment OoDortunity
In carrying out the program, the CITY shall not discriminate against any
employee or applicant for employment because of race, color, religion, sex or
national origin. The CITY shall take affirmative action to ensure that applicants
for employment are employed and that employees are treated during employment,
without regard to their race, color, religion, sex or national origin. Such action
shall include, but not be limited to, the following: employment, upgrading,
demotion or transfer~ recruitment advertising~ layoff or termination~ rates of pay
or other form, compensation~ and selection for training, including apprenticeship.
The CITY shall post in conspicuous places, available to employees and applicants for
employment, notices to be provided by the COUNTY setting forth the provisions of
this nondiscrimination clause. The CITY shall, in all solicitations or
advertisements for employees placed by or on behalf of the CITY, state that all
qualified applicants will receive consideration for employment without regard to
race, color, religion, sex or national origin. The CITY shall incorporate the
foregoing requirements of this paragraph in all of its contracts for program work
and will require all of its contractors for such work to incorporate such
requirements in all subcontracts for program work. Such contracts shall be subject
to HUD Equal Employment Opportunity regulation 24 CFR Part 130 as applicable to HUD
assisted construction contracts.
The CITY shall cause or require to be inserted in full in any non-exempt
contract and subcontract for construction work or modification thereof, as defined
in said regulations which is paid for in whole or in part with assistance under the
Contract, the following equal opportunity clause:
'During the performance of this contract, the contractor agrees as
fo llows:
1. The contractor will not discriminate against any employee or
applicant for employment because of race, color, religion, sex or national origin.
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The contractor will take affirmative action to ensure that applicants are employed
and that employees are treated during employment, without regard to their race,'
color, religion, sex, or national origin. Such action shall include, but not be
limited to, the following: Employment, upgrading, demotion or transfer, recruitment
advertising, layoff or termination; rates of pay or other forms of compensation and
selection for training, including apprenticeship. The contractor agrees to post in
conspicuous places, available to employees and applicants for employment, notices to
be provided by the CITY setting forth the provisions of this nondiscrimination
clause.
2. The contractor will, in all solicitations or advertisements for
employees placed by or on behalf of the contractor state that all qualified
applicants will receive consideration for employment without regard to race, color,
religion, sex or national origin.
3. The contractor will send to each labor union or representative of
workers with which he has a collective bargaining agreement or other contract or
understanding, a notice advising the said labor union or worker's representatives of
the contractor's commitment under Section 202 of Executive Order 11246 of
September 24, 1965, and shall post copies of the notice in conspicuous places
available to employees and applicants for employment.
4. The contractor will comply with all provisions of Executive Order
11246 of September 24, 1965 and of the rules, regulations and relevant Orders of the
Secretary of Labor.
5. The contractor will furnish all information and reports required by
Executive Order 11246 of September 24, 1'965 and by the rules, regulations and order
of the Secretary of Labor or pursuant thereto and will permit access to his books,
records and accounts by the Department and the Secretary of Labor for purposes of
investigation to ascertain compliance with such rules, regulations and orders.
6. In the event of the contractor,s noncompliance with the
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nondiscrimination clauses of this contract or with any of such rules, regulations or
orders, this contract may be canceled, terminated or suspended in whole or in part
and the contractor may be declared ineligible for further Government contracts or
federally assisted construction contract in accordance with procedures authorized in
Executive Order 11246 of September 24, 1965, or by rules, regulations or order of
the Secretary of Labor or as otherwise provided by law.
7. The contractor will include the portion of the sentence immediately
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 Labor issued
pursuant to Section 204 of the Executive Order 11246 of September 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 may request the United
States to enter into such litigation to protect the interest of the United States.
The CITY further agrees that it will be bound by 'the above equal
opportunity clause with respect to its own employment practices when it participates
in federally assisted construction work. The above 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 agrees that it will assist and cooperate actively with
COUNTY, HUD and the Secretary of Labor in obtaining the compliance of contractors
and subcontractors with the equal opportunity clause and the rules, regulations and
relevant orders of the Secretary of Labor: that it will furnish the COUNTY, HUD and
the Secretary of Labor such information as they may require for the supervisions of
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such compliance; and that it will otherwise assist the above parties in the
discharge of its primary responsibility for securing compliance.
The CITY further agrees that it will refrain from entering into any
contract or contract modification subject to Executive Order 11246 of September 24,
1965, with a contractor debarred from or who has not demonstrated eligibility for,
Government contracts and federally assisted construction contracts pursuant to the
executive order and will carry out such sanctions and penalties for violation of
equal opportunity clause as may be imposed upon contractors and subcontractors by
HUD or the Secretary of Labor pursuant to Part II, Subpart B of the Executive Order.
In addition, the CITY agrees that if it fails or refuses to comply with these
undertakings, the COUNTY 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 failure or refusal occurred until satisfactory assurance of future compliance
has been received from such CONTRACTOR. (Source: H/CD Funding Agreement #4 and
Executive Order 11246, Part II, Subpart B, Section 202, Title 24 CFR 130, revised
April 1, 1984.)
C. Federal Labor Standards
Except with respect to the rehabilitation of residential 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, prosecution, completion or repair of any building or
work financed in whole or in part with assistance provided under this contract,
shall comply with HUD requirements pertaining to such contracts and the applicable
requirements of the regulations of the Department of Labor under 29 CFR Parts 3
(Copeland Act), 5, and 5a (Davis-Bacon Act), governing the payment of wages and the
ratio of apprentices and trainees to journeyman: Provided, that if wage rates
higher than those required under such regulations are imposed by state or local law,
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nothing hereunder is intended to relieve the CITY of its obligation, if 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 such regulations, provisions meeting the
requirements of 29 CFR 5.5 and for such contracts in excess of $10,~00, 29 CFR 5.
The 'Federal Labor Standards Provisions' (HUD 4010) are made part of this contract.
No award of the contracts covered under this section of the contract
shall be made to any contractor who is at the time ineligible under the provisions
of any applicable regulations of the Department of Labor to receive an award of such
contract. (Source: H/CD Funding Agreement #7)
Ail documents submitted by the CITY to the COUNTY which are required for
compliance with the Federal Labor Standards, shall be certified as being true,
accurate, and complete by the City Engineer or the Director of Public Works.
(Source: Orange County H/CD)
D. Non-Discrimination
·
The CITY in an activity directly or indirectly financed under this
contract, shall comply with:
1. Title VI 0f 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 of race, color, or national origin, be
excluded from participation 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 in~ediately 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 set'vices or benefits.
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2. Title VIII of the Civil Rights Act of 1968 (Pub. L. 90-284), as
amended, administering all programs and activities relating to housing and community
development 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 provision of brokerage services.
3. Section 109 of the Housing and Co~unity Developraent Act of 1974,
and 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 sex, be excluded from participation in, be denied the benefits of, or be
subjected to discrimination under, any program or activity funded in whole or in
part with funds provided under this Part.
4. Executive Order 11063 on equal opportunity in housing and
nondiscrimination in the sale or rental of housing built with Federal assistance.
(Source: Title 24 CFR Part 570.601, revised April 1, 1984)
E. Accessibility/Usability of Facilities and Buildings for Physically
Handicapped
The CITY in any activity directly or indirectly financed under this
contract shall require every building or facility (other than a privately owned
residential structure) designed, cOnstructed, or altered with funds provided under
this Part to comply with the "American Standard Specifications for Making Buildings
and Facilities Accessible to, and Usable by, the Physically Handicapped,' Number A-
l17.1-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:
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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 Relocation Assistance and Real Property Acquisition Policies Act of 1970 and
will comply with Sections 303 and 304 of Title III, and HUD implementing
instructions at 24 CFR Part 42; and
b. Inform affected persons of their rights and of the acquisition
policies and procedures set forth in the regulations at 24 CFR Part 42 and 570.606
revised April 1, 1984)
2. The CITY shall also:
a. Comply with Title II (Uniform Relocation Assistance) of the
Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and
HUD implementing regulations at 24 CFR Part 42 and 570.606;
b. Provide relocation payments and offer relocation assistance as
described in Section 205 of the Uniform Relocation Assistance Act to all persons
displaced as a result of acquisition of real property for an activity assisted under
the Comunity Develo~ent Block Grant Program. Such payments and assistance shall
be provided in a fair and consistent and equitable manner that insures that the
relocation process does not result in different or separate treatment of such
persons on account of race, color, religion, national origin, sex, or source of
income;
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3. Assure that, within a reasonable period of time prior to
displacement, comparable decent, safe and sanitary replacement dwellings will be
available to all displaced families and individuals and that the range of choices
available to such persons will not vary on account of their race, color, religion,
national origin, sex, or source of income; and
4. Inform affected persons of the relocation assistance, policies and
procedures set forth in the regulations at 24 CFR Part 42 and 570.606. (Source:
Title 24 CFR Part 570.606, revised April 1, 1984)
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G. Lead-Based Paint Hazards
The construction or rehabilitation of residential structures with
assistance provided under this Contract is subject to the HUD Lead-Base Paint
regulations, 24 CFR Part 35. Any grants or loans made by the CITY or work performed
by the CITY for the rehabilitation of residential structures with assistance
provided under this Contract shall be made subject 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 Funding Agreement %5 and 24 CFR Part 35 and
570.608 revised April 1, 1984)
H. Flood Disaster
This Contract is subject to the requirements of the Flood Disaster
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
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Section 3 (a) of said Act, for use in an area identified by the Secretary as having
special flood hazards, which is located in a comunity not then in compliance with
the requirements for participation in the national flood insurance program pursuant
to Section 201(d) of Said Act~ and the use of any assistance provided under this
Contract for such acquisition or construction in such identified areas in
communities then participating in the national flood insurance program shall be
subject to the mandatory purchase of flood insurance requirements of Section 102(a)
of said Act..
Any Contract or Agreement for the sale, lease or other transfer of land
acquired, cleared, or improved with assistance provided under this Contract shall
contain, if such land is located in an area identified by the Secretary as having
special flood hazards and in which the sale of flood insurance has been made
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
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obtain and maintain, during the ownership of such land, such flood insurance as
required with respect to financial assistance for acquisition or construction
purposes under 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 not itself funded with assistance provided under this Contract. (Source:
H/CD Funding Agreement %3)
? The CITY shall comply with the provisions of Executive Order 11296,
8 relating to evaluation of flood hazards and Executive Order 11288 relating to the
9 prevention, control, and abatement of water pollution. (Source: Title 24 CFR
10 570.605 revised April 1, 1984)
I. Compliance with Air and Water Acts
12 The CITY shall cause or require to be inserted in full in all non-exemp'
13 contracts or subcontracts for work furnished in whole or in part by the grant
14 contracts, the following requirements (provided that contracts, subcontracts and
1~ subloans not exceeding $100,000.00 (One Hundred Thousand Dollars and no/100) are
16 exempt from this part:
17 This Contract is subject to the requirements of the Clean Air Act, as
18 amended 42 USC 1857 et seq., the Federal Water Pollution Control Act, as amended 33
19 5SC 1251 et seq., and the regulations of the Environmental Protection Agency' with
20 respect thereto, at 40 CFR Part 15, as amended from time to time.
21 In compliance with said regulations, the CITY shall cause or require to
22 be inserted in full in all contracts and subcontracts dealing with any non-exempt
23 transaction thereunder funded with assistance provided under this contract, the
24 following requirements:
25 1. A stipulation by the contractor or subcontractors that any facility
26 to be utilized in the Performance of any non-exempt contract or subcontract is not
27 listed'on the list of Violating Facilities issued by the Environmental Protection
28 (EPA) pursuant to 40 CFR 15.20.
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2. Agreement by the contractor that he will comply 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 1318)
relating to 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 notice will be given of any notification received from the Director of the
EPA, Office of Federal Activities or any agent of the office, that a facility
utilized or to be utilized for the contract is under consideration to be listed on
the EPA list of Violating. Facilities.
4. An Agreement by the contractor that he will include or cause to be
included the criteria and requirements in paragraph (1) through (4) of this section
in every non-exempt 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 amount 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 or Section 309(c) of the Federal Water
Pollution Control Act. (Source: H/CDFunding Agreement %6)
J. Management Cc~lianc~
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The CITY in any activity directly or indirectly financed under this
contract shall comply with regulations, policies, guidelines and requirements of OMB
Circular No. A-102, Revised, and Federal Management Circular 74-4: Cost principles
applicable to grants and. contracts 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)
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K. Obligations 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 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)
L. Interest of Certain Federal Officialz
No member of Delegate to the Congress of the United States and no
Resident Commissioner, shall be admitted to any share or part of this contract or to
any benefit to arise from the same. (Source: H/CD Funding Agreement %10)
M. Interest of Members~ Officers or'Employees of CITY, Men,ers of Local
Governing Body or Other Public Official~
No member, officer or employee of the COUNTY or CITY or its designees or
agents, no member, of the governing body of the locality in which the program is
situated and no other public official of such locality or localities who exercise
any functions or responsibilities with respect to the program during his tenure or
for one year thereafter, shall have any interest, direct or indirect, in any
contract, subcontract or the proceeds thereof, for work to be performed in
connection with the program assisted under this contract. The CITY shall
incorporate or cause to be incorporated, in all such contracts or subcontracts a
provision prohibiting such interest pursuant to the purpose Of this section.
(Source: H/CD Funding Agreement %11, Title 24 CFR 570.611 and 570.458(14)(M)(X),
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revised April 1, 1984)
N. Prohibition Against Payments of Bonus or Conmission
The assistance provided under this contract shall not be used in the
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payment of any bonus or commission for the purpose of obtaining HUD approval of the
application for such assistance or HUD approval of application for additional
assistance of any other approval or concurrence of HUD required under this contract,
provided, however, that reasonable fees or bona fide technical, consultant,
managerial or other such services, other than actual solicitation, are not hereby
prohibited if otherwise eligible as program cost. (Source: H/CD Funding Agreement
%12)
0. Hatch Act Compliance
The CITY and COUNTY shall comply with the provisions of the Hatch Act
which limits the political activity of employees. (Source: Title 24 CFR Part
570.458(14) (M) (Xl), revised April 1, 1984)
P. Definitions
Throughout these Special Provisions the meaning of words shall be that
meaning given by the act, regulation, Executive Order, Federal Management Circular,
agreement, or rule cited herein as the source for the section in which the word
appears. (Source: Orange County Counsel)
Q. Note
Federal Management Circular 74-7 has been replaced with Office of
Management and Budget (OMB) A-102.
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JM:bjgARCDH5-8 Page 13 of 13
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PRIMARY SE, RVICE ARF--~
------ SECONOARY SERVICE