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HomeMy WebLinkAboutCC 5 SR. CTR. FUNDS 01-18-88- '~ CONSENT CALENDAR TO: FROM: SUBJECT: #ILLIAH HUSTON, CITY P~ANAGER COI~UNITY DEVELOPHENT DEPARTlqENT PROPOSED CONTRACT WITH COUNTY OF ORANGE FOR PROVISION OF SENIOR CITIZEN CENTER FUNDS - 13TH YEAR HOUSING AND C01~4UNITY DEVELOPIqENT PROGRAH RECOI~ENDED ACTION 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 the City's 13th year Housing and Communi.ty Development (HCD) Block Grant application described as Public Facilities and Improvements, Multi-Service Senior Center. On December 15, 1986 the City Council approved the City's 13th year HCD application which recommended HCD funds be allocated to the Senior Center construction project. The Orange County Board of Supervisor's approved the City's 13th year HCD Application on May 13, 1987 and specifically approved $15,000 'for the Senior Center project. The ($15,000) funds will be utilize.d for, but. not limited to paving and surfacing of the Senior Center parking lot proposed at 200 South "C" Street. The City Attorney has reviewed the contract and finds tt acceptable. Ma~ Anl~Cha~berlai ~, As~octa[e Planner Christine A. ShtnglKe~con, Director of Community Development MAC' CAS' ts Attachment: Contract 26 27 28 Contract No. C40455 COUNTY OF ORANGE ENVIRONMENTAL MANAGEMENT AGENCY . HOUSING AND COMMUNITY DEVELOPMENT CONTRACT TITLE OF PROJECT: Tustin: Public Facilities and Improvements, Multi-Service Senior Center (M15.3) 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 an agreement dated September 1, 1987, 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: a. P~oject Manager: The party responsible for, but whose responsibility is not limited to the following: Contracting, monitoring and implementing the project through completion. -1- 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 - 27 28 Contract No. C40455 Construction Bid Package: A package of bidding documents which includes proposal, bidding instructions, co~tract 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 (M15.3). 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- amd 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 ~hall be expended on eligible project activities prior to December 31, 1988. 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. 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 -2- 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 · 25 26 27 28 Contract No. C40455 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 oonstruction 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 appro~z~.d 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 at a level of operations and maintenance 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 periodicallF 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 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 -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 . 25 26 27 28 Contract No. C40455 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 ($i0,000.00).- 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/100). no/lO0). Land Acquisition Design and Inspection Construction Contract --0-- $ -0- $ 15,000.00 (Fifteen Thousand Dollars and Total Block Grant Funds $15,000.00 (Fifteen Thousand Dollars and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 I7 ~8 19 2O 21 23 24 25 26 27 28 Contract No. C40455 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_r_~quested by the CITY under this Contract shall be made by th~ 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) Th~ 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-i02 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. f. 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 and any applicable statutes, rules or regulations of HUD, including Office of Management and Budget Circular No. A-102, the latter shall prevail. --5-- 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 Contract No. C40455 ~ 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, pursuanf 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 6nder 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 California Government Code Section 810.8) occurring by reason of any action or omission of COUNTY under or in connection with any work, authority or jurisdiction delegated to --6-- 4 5 7 8 9 10 ~2 ~3 ~4 15 16 '~7 18 19 20 21 22 23 24 25 26 27 28 Contract No. C40455i~ COUNTY under this Contract'. COUNTY shall act in an independent capacity and not as · officers, employees or agents of C. ITY. 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. /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// -7- 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 Contract No. C40455 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 .Chairman 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 jlVlI-I: bj gNPS-4.18' ll/18/87 -8- 9 10 11 12 13 14 15 ~ 16 17 18 19 2O SPECIAL PROVISIONS Exhibit "A~ to COUNTY/CITY 'Contract A. Section 3 - Compliance with the Provision of Trainin~ k~__~lo~ment and 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 for the 23 24 25 26 27 28~ 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.) B. Equal Employment Opportunity In carrying out the program, the CITY shall not discriminate against any 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 21~. Urban Development, 24 CFR 135. The CONTRACTOR will not subcontract with any 9.9~ ii subcontractor where it has notice or knowledge that the latter has been found in 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 7 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 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. Exhibit 'A' to CO~/CITY Contract 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 3 4 5 6 7 8 9 '10 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 :I 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 11 the CITY, state that all qualified applicants will receive consideration for .employment 19' without regard tO race, color, religion, sex or national origin. The CITY shall 13 I incorporate the foregoing requirements of this paragraph in all of its contracts for 14 program work and will require all of its contractors for such work to incorporate such 15i requirements in all subcontracts for program work. Such contracts shall be subject to 16 } m~D Equal Employment Opportunity regulation 24 CFR Part 130 as applicable to HUD 17 !i i! assisted construction contracts. 18 The CITY shall cause or require to be inserted in full in any non-exempt 19 '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 follows: 1. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The contractor will take affirmative action to ensure that applicants are employed and that employees 20 ;~ 21" 22 23 24 ~,5 26 27 28 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 7 8 9 10 11 -~ 12 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 Exhibit 'A' to COUNTY/CITY Contract 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 13 14 15 16 17 September 24, 1965, and shall post copies of the notice on 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. 19 2O 22 23 24. 5. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965 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 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 -3- Exhibit 'A' to COUNTY/CITY Contract · 13 14 15 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 16 federally assisted construction work. The above equal opportunity clause is not 171 applicable to any agency, instrumentality or subdivision of such CITY which does not 18 1! participate in work on or under the contract. 19 The CITY agrees that it will assist and cooperate actively with COUNTY, 20 HUD and the Secretary of Labor in obtaining the compliance of contractors and 21 subcontractors with the ec~_al opportunity clause and the rules, regulations and relevant 22" orders of the Secretary of Labor: that it will furnish the COUNTY, HUD and the Secretary 23 24 ~5 26 27 28 of Labor such information as they may require for the supervisions of 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 con- tract 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 --4-- 3 !I preceding paragraph (1) beginning with the words 'During the'performance of..." and the 4 provisions of paragraphs (1) through (7) in every subcontract or purchase order unless 5 ii. exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to ,! 6 ~i Section 204 of the Executive Order 11246 of September 24, 1965, so that such provisions 7i 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 9. means of enforcing such Provisions, including sanctions for noncompliance~ provided, 10 however, that in the event a contractor becomes involved in, or is threatened with, 11 ! litigation with a subcontractor or vendor as a result of such direction by the 12 il Department the contractor may request the United States to enter into such litigation to Labor or as otherwise provided by law. 7. The contractor will include the portion of the sentence immediately 8 9 10 11 ~ 13 14 15 16 17 18 Exhibit. "AT to COUNTY/CITY Contract contracts and federally assisted construction contracts pursuant to the ex~utive 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 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 !i trainees to journeyman: Provided, that if wage rates higher than those required under 22 23 24 0,5 26 27 28 such regulations are imposed by state of local law, 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 $10,000, 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 --5-- be made to any contractor who is at. the time ineligible under the provisions of any applicable regulations of the Department of ~.abor to receive an award of such contract. (Source; H/CD Ftmding Agreement %7) 1~1.1 ~:~m~ents submt, tted by the CITY, to the ¢~ 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 R/CD) E~/~ibit "A" to COUNTY/CITY Contract 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 Community Development Act of 1974, and --6-- 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 sh&~l 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 services or benefits. D. Non-Discrimination The CITY in an activity directly or indirectly financed under this contract, shali comply with= '. 4 7 8 9 10 11 12 24 ' 25 26 27 28 ,i Exhibit 'A' .to COUNTY/CITY Contract 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 i shall require every building or facility (other than a privately owned residential !l structure) designed, constructed, or altered with funds provided under this Part to comply with the 'American Standard Specifications for Making Buildings and Facilities 15 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(K), revised April 1, 1984) 19 F. Relocation ,, 2O 1. The CITY in any activity directly or indirectly financed under this 21 !! 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 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 in 24 CFR Part 42 and 570.606 -7- Exhibit 'A' to C~/CITY Contract 1 revised April 1, 1984) 2. The CITY shall also: 3~ ~i ' a. Comply with Title II (Uniform Relocation Assistance) of the Uniform 4.il Relocation Assistance and Real Property Acquisition Policies Act of 1970 and HUD $~. implementing regulations at 24 CFR Part 42 and 570.606; 6 b. Provide relocation payments and offer relocation assistance as 7 describe~ in Section 205 of the Uniform Relocation Assistance Act to all persons 8 displaced as a result of acquisition of real property for an activity assisted under the ~;I Comunity Development Block Grant Program. Such payments and assistance shall be i0 p=ovid in a fair and consistent and equitable manner that insures that the relocation 11 12 14 15 16' process do~s not result in different or separate treatment of sUch persons on account of · race, color, religion, national origin, sex, or source of income; 3. Assure that, within a reasonable period to 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, 17 ~. or source of income; and is i 4. Inform affected Persons of the relocation assistance, 9olicies and 19,i"~ procedures set forth in the regulations at 24 CFR Part 42 and 570.606. (Source: Title 2O 21, 22 i' 23 24 ., 25 26 27' 28 . 24 CFR Part 570.606, revised April 1, 1984) · 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 reguiation~ and the CITY shall be .responsible for the inspections and certifications required under Section 35.24 thereof· (Source: H/CD -8- Exhibit 'A' to COUNTY/CITY Contract Funding Agreement %5 and 24 CFR Part 35 and 570.608 revised April 1, 1984) H. Flood Disaster 9) Section 201(8) of Said Act; and the use of any assistance provided under this Contract 1~! for such acquisition or construction in such identified areas in communities then 1Iii~ participating in the national flood insurance program shall be subject to the mandatory 17-21,, purchase of flood insurance requirements of Section 102(a) of said Act. ~,,, 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 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 community not then in compliance with the requirements for participation in the national flood insurance program pursuant to required notwithstanding the fact that the construction on such land is not itself funded with assistance provided under this Contract. (Source: H/CD Funding Agree- sent #3) The CITY shall comply with the provisions of Executive Order 11296, relating 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) -9- 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 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 Exhibit 'A' to COUNTY/CITY Contract I. Compliance with Air and Water Acts The CITY shall cause or require to be inserted in full in all non-exempt contracts or subcontracts for iwork furnished in whole or in part by the grant contracts, the following requirements (provided that contracts, subcontracts and subloans not exceeding $100,000.00 (One Hundred Thousand Dollars and no/100) are exempt from this part: 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 subcontracts dealing with any non-exempt transaction thereunder funded with assistance provided under-this contract, the following requirements: 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 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 -10- Violating Facilities. 4. ~m Agreement by the contractor that he will include or cause to be included ~he 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 m~ans of enforcing such provisions. 5 6 7 8 9 10 11 -- 12 13 14 Exhibit "Am to COUNTY/CITY Contract 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 under Section 113(c)(1) of the Clean Air Act of Section 309(c) of the Federal Water Pollution Control Act. (Source: H/CD Funding Agreement %6) J. Management Compliance The CITY in any activity directly or indirectly financed under this contract: shall comply with r~julations, policies, guidelines and requirements of OMB Circular No. ' A-102, Revised, and Federal Management Circular 74-4: Cost principles applicable to grants and contract with State and l{:~al governments, and Federal Management Circular 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 Develo~nent Act of 1974. (Source:- H/CD Funding Agreement %9) -11- 18 19 2O 21 22 23 24 25 26 27 28 1984) 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, Exhibit 'A' to COUNTY/CITY Contract L. Interest of Certain Federal Officials No member of Delegate to the Congress of the United States and no Resident 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 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 ~i eligible as program cost. (Source: H/CD Funding Agreement %12) ': (Xl), revised April 1, 1984) ,,~ O. Hatch Act Compliance The CITY and COUNTY shall comply with the provisions of the Hatch Act which limits the POlitical activity of en~loyees. (Source: Title 24 CFR Part 570.458(14) (M) -12- 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), reviSed April 1, 1984) N. Prohibition Against Payments of Bonus or Commission The assistance provided under this contract shall not be used in the payment of any bonus or commission for the purpose of obtaining HUD approval of the application a. Interest of Me~bers, Officers or Employees of CITY, Members of Local Governing Bod~ or-Other Public Officials No member, officer or employee of the COUNTY or CITY its designees or agents, no members 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 Commissioner' shall be admitted to any share or part of this contract or to any benefit . to arise f~om the same. (Source= H/CD Funding Agreement %10) Exhibit 'A' to COUNTY/CITY Contract 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. /// 10 III 11 III '- 1~. i~ II! 18 ,i III 14" /// 16 I, III ~? ~, III ~$ ! !11 ~!111 ~ ~ III ~! ~111 III III III III III /// JM:bjgAWP2-5 06/16/86 -13- .. Pr~~ Tustin Senior Cen'ter, S~¢vic,e. Area EXH[8 IT 8 .. CH,~PM,a.N · I S.~HTA · WAFII',I~t SENIOR ! I I I I ) I · MARIN~ AIR b"rATION IRV1NE $1[HIOfl Cc--HTEiR / I / ! / ! / / / / ! ////// ////~ / / / .-~, PRIMARY St[RVICE AREA. __.., St[CONIDARY $~RVICE. ARE.~,