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1979-1218_ORANGE, COUNTY OF_Memorandum of ContractAgreement No. C26271 COUNTY OF ORANGI: �j�.�(,� 7, 17.t1VI1tONX1SNTAL MANACC10iW'; AGENCY HOUSING AND COMt1UNITY MWE'LOPMEN'P CW7TRACT I I TITLE OF PROJECT: ]lousing Cost Reduction //r Z � 2 19iMORANDUM OF CONTRACT entered into this _Z2 day 3 1979. ¢ I BY AND BETWEEN ;j CITY OF San Juan Capistrano a municipal cor— poration, hereinafter referred to as CITY, G 7 and 8 COUNTY OF ORAidCI;, a political subdivision of the State of California and recognized Urban 9 County under the Federal Housing and Community Development Act of 1974 6 1977, hereinafter 0 referred to as COUNTY. o I V I T 11 E S S E T H 2 IMERE.AS, COUNTY and CITY previously entered into a Cooperation Agreement, 3 dated November 28, 1979, in which both parties agreed to cooperate in the undertaking, 4 or assist in the undertaking, of commul,ity development and housing assistance activ— v hies, and 6 WHEREAS, the CITY has submitted to the COUNTY an application for funding 7 of a project(s) hereinafter described, and $ 1111EREAS, the COUNTY has entered into separate agreement dated July 31, 1979, 911 with the U. S. Department of Housing and Urban Development (hereinafter designated as HUD) to fund said project(s) under the ]lousing and Community Development Act of I 1974 and 1977. 2 NOW, THEREFORE, IT IS AGREED by and between the parties that the following :3 provisions as well as all applicable Federal, State and County laws and regulations :4 including the attached SPECIAL PROVISIONS, identified as Exhibit "A", are part of .5 this contract. :6 1. For the PURPOSES OF THIS CONTRACT the following definitions shall _7 apply: .:8 1 a. Project Manager: The party responsible for, but whose responsibility 9 is not limited to the following: Contracting, monitoring and implementing the project. b. Director: The Director of the County of Orange Environmental Management Agency. c. Reimbursable Basis: The procedare by which the COUNTY will reimburse the CITY for expenses incurred related to subject project. 2. It is understood that the CITY is solely responsible for implementation of the proiect(s), described herein as: Housing Cost Reduction: The acquisition of 2.5 acres of real property for Phase I of the Los Rios Housing Program, to design and construct low- and moderate -housing in the Little Hollywood Planned Housing Development District. This area is bounded by Trabuco Creek to the west, Ramos Street to the south, Los Rios Street to the east and Tract_ 7196 (Mission Village Development) to the north. (See Map Exhibit B). The COUNTY shall consider this contract terminated in the event this project fails to begin on or about January, 1980. Anticipated date of completion is schedalec for December, 1980. 3. This contract provides that the CITY: a. Shall submit to COUNTY a complete description of the project(s) proposed to be conducted by CITY h^reunder, including detailed estimated costs thereof. Said project(s) description and any amendments thereto shall be submitted to and approved by the COUNTY, prior to commencement by CITY of such project. COUNTY shall not be liable for any costs which exceed said estimated project(s) costs. b. Agrees to act as Project Manager for said project(s) and to submit any and all contracts funded through this agreement to COUNTY for review prior to award of such contracts by CITY. c. Agrees and acknowledges responsibility for the design -f projects funded under this contract: d. Shall maintain accounting, records, official files, and other evidence pertaining to costs incurred pursuant to all applicable HUD regulations. -2- I and all of these shall be accessible for the purpose of making surveys, audits and 2 examinations by duly authorized representatives of C01114TY or HUD. These records 3 shall be kept available at CITY'S office during the contract period and thereafter 4 for three (3) years from the date of final payment of HUD Community Development 5 Block Grant Funds. 6 e. Agrees that the project developed under this program must be re- 7 tained for Community Development purposes as defined by applicable HUD provisions 8 and at a level of operations and maintenance adequate to insure maximum utilization 9 of the project by low and moderate income families. 10 f. Agrees that the Director, shall evaluate the CITY's progress in 11 complying with the terms of this contract six months after the execution. thereof, 12 and each six months thereafter. CITY shall cooperate fully in such evaluation. i 13I The Director, shall report the finding of each evaluation to the City Council of 14 CITY and the Orange County Board of Supervisors. If it is determined by the Board 15 of Supervisors that performance or progress on performance is unsatisfactory, the 16 Board of Supervisors may terminate the contract or withhold further funding on the 17 project pending resolution of the unsatisfactory conditions. In addition, the 18 Board of Supervisors may require reimbursement of any funds that are determined by 19 such body to be improperly expended or not expended on the project in a timely manner. 20 g. Agrees that if it is subsequently determined by COUNTY or HUD 21 that said funds were not expended in compliance with the federal laws and reg- 22 ulations, CITY will refund to COUNTY such sums which were improperly expended. 23 h. Will assume responsibility for the California Environmental 24 Quality Act requirements and will provide COUNTY with necessary information to 251 comply with the National Environmental. Policy Act. 26 4. Project Funding: 27 a. This project will be financed as follows: One Hundred Eighty 28 'thousand Dollars and no/100 ($180,000.00) Block Grant funds. -3- I 1 b. Payment by the COUNTY to the CITY shall be on a reimbursable basis 2 unless the CITY has been authorized and issued cash advances by COUNTY under this 3 agreement. 4 c. Cash advances requested by the CITY under this agreement shall be 5 I made by the COUNTY to the CITY if the following conditions are met: 6 (1) The CITY has demonstrated to the Director through certi.fica- 7 tion in a form prescribed by the Director and subsequently through performance, 8 its willingness and ability to establish procedures that will minimize the time 9 elapsing between the transfer of funds to it and its disbursement of such funds. 10 (2) The CITY certifies to the Director, that the CITY's 11 financial management system meets the standards for fund control and accountability 12 prescribed in Office of Management and Budget Circular No. A-102. 13 (3) The CITY complies with the cash advance procedures as shall 14 be required by the Financial Procedures of the Housing and Community Development 15 Division of Orange County Environmental Management Agency (hereinafter EMA). 16 If, subsequently, the CITY is found to be in non-compliance with the 17 above, the CITY shall be paid only on the aforementioned reimbursable basis and, 18 if necessary, agrees to reimburse the COUNTY for any monetary damages the COUNTY 19 may incur for the CITY's non-compliance. 20 d. Reimbursable basis payments, as referred to in section 4.b. above, 21 and/or cash advances described in 4.c. above, will be made in accordance with the 22 financial procedures as shall be required by F.MA. In the event of conflict 23 between said financial procedures and any applicable statutes, rules or regulations 24 of HUD, including Office of Management and Budget Circular No. A-102 the latter shall 25 prevail.. 26 5. Neither COUNTY nor any officer nor.employee thereof shall be respon•- 27 sible for any damage or liability occurring by reason of any action or omission 28 of CI:'Y under or in connection with any work, authority or Jurisdiction delegated -4- to CITY under this contract. It is also understood and agreed that, pursuant to Government Code Section 895.4, CITY shall fully indemnify, defend and hold COUNTY harmless from any liability imposed for injury (as defined by 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. 6. 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 under or in connection with any work, authority or jurisdiction not delegated to CITY under this agreement. It is also understood and agreed that, pursuant to Government Code Section 895.4 COUNTY shall fully indemnify, defend and hold CITY harmless from any liability imposed for injury (as defined by 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 not delegated by CITY under this agreement. 7. In the event of CITY's failure to comply with the provisions of this Contract, COUNTY may withhold funds and/or allocate funds to another activity considered by the COUNTY to be in compliance with the Act. -5- 2 Bl 4 J G 7 8, 9 10 I 71 i 12 13 14 15 16 17 18 10 20 21 22 23 24 25 2G 27 28 IN WITNESA THEREOF, CITY hos caused this contract to be executed by its Mayor and attested by its Clerk and COUNTY har. rnnsed this contract to be executed by the Chairman of the Board of Supervisors and ottcKPd by its Clerk, all having been duly authorized by the City Council of CIT�7;md the Orange County Board of Supervisors Dated: November 7, 1979 ATTEST: ,City Clerk Uate d:rL_�� S 1 Cd: A AND cF:RT I M I vv THAT A COPY Ul' 'PHIS DOCOMEN1 HAS RE!,% I)LI.iVERED TO THE CHAIRMAN OF THE BOARD. A JUNF. A1.F.S:1�1�1<it Clerk of tho hoard of Supervisors of orange County, California APPROVED AS TO FORM: ADRIAN KUYPER, County Counsel ORANCE COUNTY, CALIFORNIA V21: tit, CA40a (1 ) CITY OF San _Tuan Capistrano By KICNNVTH E, FRIESS, MAYOR • C(W:, .'Y OP ORANCE, a political subdivision of tV State of California By �r t:hairmindt the Board of uper COUNTY ,APPROWD AS TO FORM for employment are employed and that employees are treated during employment, with- out 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 or recruitment advertising; layoff or termination; rates of pay or other form, compensation; and selection for training, including apprentice- ship. The CL"Y shall post in conspicuous places, available to employees and appli- cants for employment, notices to be provided by the COUNTY setting forth the provi- sions 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 fore- going 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 regulations ZA 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 follows: 1. The contractor will not discriminate against any employee or ap- plicant 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 are treated during employment, withoot regard t_o.their race, color, religion, sex, br national. origin. Such action shall include, but not be t. 71 2 3 4 5 6 7 8 9 10 11 12 13 14 15i 7.8 19 20 21. 22 23 24 25 26 27 28 F.xhi.b' 'A" to COJITY/CI-Y Contract SPECIAL PROVISION'S A. Section 3 - Comill.ia:lce With the "rovi ion of 'raiTT17 Empinvrlcr.t and 3us.iness nupor.tuniA v The /:iY shall cause or require to be inserted in full in all contracts) and subcontracts for work :i.nanced in whole or Hart with federol financial assistance provided under this contract, t'e Section 3 clause set forth in_"Cp'.2 135.20(b). The CITY will provide such copies of 24 CFR part 135, as ^,ay be necessary for the informa- tion 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 given lower income residents of the project arca and contracts for work in connection with the project be awarded to business concerns which are located in or owned in substantial part by persons residing in the arer: o: the project. The parties to this contract will comply with the provisions of. said Section 3, and the regulations issued pursuant thereto by the Secretary of Housi-i and urban Development set forth in 24 SFR 135, and all applicable rules and orders of the Department issued thereunder prior to tile execution of this contract. CITY shall take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the Secretary of )lousing and Urban Development, 24 CFR 135. The contractor will not subcontract with any sub- contractor where it has notice or knowledge that the letter has been found in vio- lation of regulations under 24 CPR 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: vol. 38, No. 203, Title 24 CFR 135) B. Equal ET-aplo,nnent Opportunity. 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 ori 1n. The CITY shall. take affirmative action to insure that applicants Page 1 of 13 1 2 3 4. 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 24 25 26 27 28 0 11 or federally assisted construction contract in accor:lancc with procedures authorized in Executive Order 112AA of September 2.4, 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 preceeding 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 20A of the Executive Order 112L6 of. September 21', 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 Deuartment 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 en- ter 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 employement 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 ir. work on or under the contract. The CITY agrees that it will assist and cooperate actively with COUNTY, 1113D and the Secretary of Labor in obtaining the compliance of contractors and subcon- tractors with the equal opportunity clause and the rules, regulations and relevant orders of the Secretary of Labor; that it will furnish the COUNTY, Fi11D and the Secre- tary of Labor such information as they may require for the supervisions of such com- pliance; 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 cor.- I limited to, the following: rmployrment, up;rading, demotion or, transfer, recruitaont 2 advertising, layoff or tr_rmination; rates of pay or other forms of compensation and 3 selection for training, including apprenticeship. ,he contractor agrees to post in 4 conspicuous places, available to employees and applicants for employmeut, notices to 5 be provided by the CITY setting forth the provisions of this nondiscrimination 6 clause. 7 2. The Contractor will, in all solicitations or advertisements for 8 employees placed by or on behalf of the contractor state that all qualified appli- 9 cants will receive consideration for employment without regard to race, color, 10 religion, sex or national. origin. 11 3. The contractor will send to each labor union or representative of 12 workers with which he has a collective bargaining agreement or other contract or 13 understanding, a notice advising the said labor union or worker's representatives of 14 the contractor's commitment under Section 202 of Executive Order 11'46 of September 15 24, 1965, and shall post copies of the notice in conspicuous places available to em - 16 ployees and applicants for employment. 17 4. The contractor will comply with all provisions of Executive Order 18 11246 of September 24, 1965 and of the rules, regulations and relevant orders of the 19 Secretary of Labor. 20 5. The contractor will furnish all information,and reports required by 21 Executive Order 11246 of September 24, 1965 and by the rules, regulations and order 22 of the Secretary of Labor or pursuant thereto and will permit access to his books, 23I records and accounts by the Department and the Secretary of. Labor for purposes of in - 24 vestigation to ascertain compliance with such rules, regulations and orders. 25 6. In the event of the contractor's noncompliance with the nondis- 26 crimination clauses of this`cb,ntTact or with any of such rules',regulations or -27 orders, this contract may be.'canceledj terminated,�or.suspended in whole, or, in part 28 and the contractor may be declared ineligible for further Covernment contracts Pa ee 3_ of i 3 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: II/CD Funding, Agreement #7) All 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 Vorks. (Source: Orange County H/CD) D. Non—Discrininati.on The CITY in anv activity directly or indirectly financed under this contract, shall comply with: 1. Title VI of the Civil Rights Act of 196A (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 exclu— ded 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 immediately take any measures necessary to effectuate this assurance. If any real property or structure thereon is provided or improved with the aid of Federal financial assistance extended to the applicant, this assurance shall obligate the applicant, or in the case of any trans,`.er 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 pur— pose involving the provision of similar services or benefits. 2. Title VIII of the Civil Rights Act of 1968 (Pub. L. 90-284), as amended, admi-nistering all programs and, activiti_es..;r.elati.ng to,housing alid.com;nunit'y i development in a manner to affirmatively further fait hpusing;,,and will tale action to affirmatively further fair hotisin.6 in the sale or rental of housing, the financing 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20, 22 23 24 25 -=•26 -27 28 tract or contract modification subject to Sxecutive Order 1.1246 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 by H11D 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, ter - urinate or suspend in whole or in part the grant or loan guarantee; refrain from ex- tending 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 CON-RACTOR (Source: H/CD Funding Agreement F,4 and r.xecutive Order 11246, Part II, Subpart B, Section 202) C. Federal Labor Standards Except with respect to the rehabilitation of residential property de- signed for residential use for less than eight families, the CITY and all contractors engaged under contracts in excess of $2,000 for the construction, prosecution, com- pletion or repair of any building or work financed in whole or in part with assist- ance 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 journeymen: Pro- vided, that if wage rates higher than those required under such regulations are im- posed by state or 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.exces-,Of $10,000, 29 CFR 5a.3. The "Federal Labor. Standards Provisions" (HUD 4010) are made 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 570.602(b). 2. The CITY shall also: a. Comply with Title II (Uniforin Relocation Assistance) of: the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and HUD implementing regulations at 24 CF£. Part 42 and 570.602(a); b. Provide relocation payments and offer relocation assistance as described in Section 205 of 'the Uniform Relocation Assistance Act to all persons dis- placed as a result of acquisition of real property for an activity assisted unler the Cormiunity Development Block Grant Program. Such payments and assistance shall be provided in a fair and consistent and equitable manner that insures that the reloca- tion 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; 3. Assure that, within a reasonable period of time prior to displace- ment, 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. Infons affected persons of the relocation assistance, policies and procedures set forth in the regulations at 24 CFR Part 42 and 570.602(a). (Source: Vol. 43, No. 41 Title 24 CFR Part 570.307 (n & o). G. Lead -Rased Paint.Hazards The construction or rehabilitation of residential structures with as- sistance provided under this Contract is subject to the HUD Lead -Base Paint regula- tions, 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 1 of housing, and the provision of brokerage services. 3. Section 109 of the Rousing and Community Development Act of 197., and the regulations issued pursuant thereto (24 CFP, Part 570.601), which provides that no person in the United States shall on the grounds of race,. color, national origin, or sex, be excluded from particiipa':ion 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. A. Executive Order 11063 on equal opportunity in housing and nondis- crimination in the sale or rental of housing built with Federal assistance. (Source: Vol. 43, ::o. Al, Title 24 CFR Part 570.307 (L 1-4)) 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 pri.7ately owned resi- dential 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 -117.1-R 1971, subject to the exceptions contained in Al CFR 101-19.604. The CITY will be responsible for conducting inspections to insure compliance with these speci- fications by any contractor or subcontractor. (Source: 24 CFR Part 57n.307 (K)) F. Relocation 1. The CITY in any activity directly or indirectly financed under this contract shall: a. To the greatest extent practicable under State law, comply with Sections 301 and 302 of Title III (Uniform Real Property Acquisition Policy) of the Uniform 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 1 2 3 4 5 6 7 9 10 11 12 13 1.4 15 16 17 18 19 20 21 22 23 24 25 26 27 28 control, and abatement of water pollution. (Source: Vol. 43, No. L1, Title 24 CFR 570.3n7 (j)) 1. Compliance with Air and Vater Acts The CITY shall cause or require to be inserted in full in all nonexempt contracts or subcontracts for work furnish;.d in whole or in part by the grant con— tracts, the following requirements (provided that contracts, subcontracts and sub— loans not exceeding S10n,nn0 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 'Dater Pollution Control Act, as amended 33 USC 1251 et seq, and the regulations of the Environmental Protection Agency with respect thereto, at 40 CFI? 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 fol.— lowing 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 CFP. 15.20. 2. Agreement by the Contractor that he will comply with all the re— quirements of Section 114 of the Clean Air Act, as amended (42 USC 1857c—R) and Sec— tion 308 of the Federal Water Pollution Control Act, as- amended. (33 USC 1315) 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..r,otification received:from,ihe Director of .the EPA, Office of FederaL Activities or any agent of that office, that a facility Page 10 of. 13 I leadbase paint hazards under subpart I of said re ulations and the CITY shall be re- sponsible for the inspections and certifications required under Section 35.14(f) thereof.. (Source: 11/CD ;'ending Agreement #5 and 24 CFP. Part 35) H. Flood Disaster This Contract is subject to the requirements of the Flood Disaster Pro- tection Act of 1973 (P.L. 93-234). TIo portion of the assistance provided under this Contract is approved for acquisition or, construction purposes as defined under Sec- tion 3(a) of said Act, for use in an area identified b the Secretary as having special flood hazards, which is located in a community not then in compliance toith 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 Con- tract 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 avail- able 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 required notwithstanding the fact that the construction on such land is not itself funded with assistance provided under this Contract. (Source: ii/CD Funding Agreement ll3) The CITY shall comply with the provisions of Executive•'Order. 11296, relating to evaluation of flood hazards and Executive Order 11288 rclati.ng to the prevention, 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 to the assumption of environmental responsibilities of the CITY under Section 104(h) of the Housing and Con,eunity Development Act of 1974. (Source: W CD Funding Agree- ment h7) L. Interest of Certain Federal Officials Mo member or Delegate to the Congress of the United States and no £esi- dent Commissioner, shall be admitted to any share or part of this contract or to any benefit to arise fron the same. (Source: H/CD Funding Agreement #10) M. Interest of Members, Officers or Employees of CITY, Members of Local Governing Body or Other Public Officials No member, officer or employee of the COUNTY or CITY or its desiSnees or agents, no member of the governing body of time 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 int -rest, 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 in- corporated, in all such contracts or subcontracts a provision prohibitint. such inter- est pursuant to the purposes of this section. (Source: H/Cl) Funding Agreement loll and vol. 43, No. 41, Title 24 CFR 570,307 (p)) N. Prohibition Against Payments of Bonus or Conmis@ion 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 for such assistance or HUD approval of application for additional assist- ance of any other approval or concurrence of }IUB required under this contract, pro- vided, however, that reasonable fees or bona fide technical, consultant, managerial *or other such services, other than actual solicitation,..arc.nor hers by prohibited if, otherwise eligible as program cost. -(Source: 'H/CD Funding Agxegmenp itl2), „ 0. Hatch Act Compliance utilized or to be utilized for the contract is under consideration to he listed on the EPA list of Violatin7, 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-esermpt 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 con- tract 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 :dater Pollution Control Act. (Source: R/CD Funding Agreement 06) J. Management Co-.npliance The CITY in any activity directly or indirectly financed under this contract shall comply with the regulations, policies, guidelines and requirements of O@:R Circular No. A-102, Revised, and Federal Management Circular 74-4: Cost princi- ples 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, accept- ance and use of Federal funds under this Part. (Source: Vol. 43, No. 41, Title 24 CFR Part 570.307 (g)) K. Obligations of Contractor with Respect to Certain Third Party Relationships The CITY shall remain fully obligated under the provisions of this con- tract notwithstanding its designation of any third party or parties for the under- taking 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':; assurances and certifications, including those with respect 0 The CITY and COU14-Y shall conply with the provisions of the Hatch Act which limits the political activity of employees. (Source: Vol. 43, No. 41, Title 24 CF" Part 510.30' (q)) P. Definitions Throughout these Special Provisions the meaning of words stall be tL;at 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 ap- pears. (Source: Orange County Counsel) Note 10 Federal Management Circular 74-7 has been replaced with Office of 11 Management and Budget (OMA) A-102. 12 13 /I1 14 15 16 17 18 1s 20 21 22 111 23 24 25 I 26 27 28 AP:dec1160(10) Page 13 of 13 • .r-ency or Public Body r=ay consider'necessary to pay such laborers or Eochanicti the full .^mount of wages required by this Contract. The ,_`:Dunt so wit}:-,eld :,.ay be dizi,urced by the Local Public Agency or Public Pody, for and on acecu:it of the Ce.jtr,�ctor or the subcontractor (cti y b` ipmpriat.:), to the .respective or Lechanics to c:o the ._ace is due or on i'_eir U hralf to nle _c, ;l rds, or programs fOr c_ type Of prCSCribCd.in _;ml. ?cable wage dcteindnation. -1CIPLTFD COSTS OF 17iIhGF R Idr.FITS .if the Cr-Ar.cter does not make payLents to a trustee or other third person, in may consider as part of the wU.as of any laborer or neahnnic the omo nt of any costs reasonably anticipated in providing fyivEy benefits larder a plan or program of a type expressly listed in tic wage determination decision of. the Secretary of Labor. which is a pant of ;.his Contract: Provided, however, the Secretary of Labor has _o --n , upcn the written request of the Contractor, that the applicable sta~_lazds of the Davis -:aeon Act have been met. The Secretary of Labor mw require the Contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. A copy of an,: findings trade by the Secretary of Labor in respect to fringe benefits laing provided by the Contractor must be submitted to the Local Public or Public Body with the first payroll filed by the'Contractor st ce__ent to receipt of the findings. 5. C:'=':'li E caKyaNsA'I°:AN RF UIRM BY CONTR1,CT WORK IiOURS AND SAIWY sT_*:DARDS ACP (76 Stat. 357-360: Title 1+0 U.S.C., Sections 327- 332) (a) Overtime requirements. No Contractor or subcontractor contracting for any part of the Contract work which may require or involve th<e employment of laborers or mechanics, including watchmen ane _ was, shall require or permit any laborer or mechanic in any wo_1-.:eek in which he in employed on such work to work in excess of 8 o.= s in avy calendar day or in excess of 40 hours in such work week •mesa such laborer or mechanic receives compensation at a rate not less than one and one-half times his basic rate of pay for all hours wor=ed in excess of 8 hours in any calendar day or in excess of 40 hours __ such wort week, as thefcase may be. (b) Violation: liability for unpaid wages liouidated damages. In to event of any violation of the clause set forth in paragraph a), the Contractor and any subcontractor responsible therefor shall be liable to any affected employee for his unpaid wages. In addition, such Contractor and subcontractor shall be liable to the United States for liquidated da_mnges_ Such liquidated damages shall be computed with respect to each individual laborer or mechanic employed in violations of the clause set forth in paragraph (a), in the sure of $10 for each calendar day on which such employee was required or permitted to work Pace 2 of 13 Pages . HUD -4010 (1.76) U.S_ "[. PARTMLNT Or HOUSING I.ND UP..ilAN DC"_LOPMENT C �iUNITy 0f.'1 C LU P ��ENF GLOCC CRANI 1'II0GRn1A F_-DCRAL LABOR STANDARDS PROVISIONS 1. APPLICPBILITY The Project or Prc; a to which the .:ork covered by this Contract pertains b,. iug .asisted by the Unil.ed StateS of America and the following Federal Labor Sta,dards Provisions are i*icluded in this Contract pT:rsuarnt to the provisions applicable to such Federal assist- ance. 2. 1-alr -UM WAGE RATES FOR LABORERS 1.10 1TrC'dAT_I1CS All laborers and mechanics employed upon the work covered by this Contract shall be paid unconditionally and not less often than once each week, ar_A without subsequent deduction or rebate on any account (except such payroll deductions as are made mandatory by law and such other payroll_ deductions as axe permitted by the applicable regula- tions issued by the Secretary of Labor, United States Department of Labor, pursuaxit to the Inti -Kickback Act hereinafter identified), the full amount due at time e: pay-;cnt computed at wage rates not less than those cc:itained in the wa;;e determination decision of said Secretary of Lilor (a copy of which is attached and herein incorporated by reference), regardless of any contractual relationship which may be alleged to exist between the Contractor or any subcontractor and such .laborers and mechanics. All laborers and mechanics employed upon such work shall be paid in cash, except that payment may be by check if the employer provides or secures satisfactory facilities approved by t],e Local Eublic Agency or Public Body for the cashing of the sa^_e without cost or experxse to the employee. For the purpose of this clause, contributions made or costs reasonably anticipated under Section 1 (b) (2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wegos paid to such laborers or mechanics, subject to the provisions of Section 5.5(a)(1)(iv) of Title 29, Code of Federal Regulations. Also for the purpose of this clause, regales contribu- tions made or costs incurred for more than a weekly period under plans, hinds, or progiams„ but covering the particular weekly period, are deemed to l;e constructively made or incurred during such weekly period. 3. UJ, DERPA�jM7TS OF WAGES OR SALARIES Tn case of underpayment of wages by the Contractor or by any subcontractor to laborers or mechanics employed by the Contractor or subcontractor upon the work covered by this Contract, the Local Public Agency or Public Body in addition to such other rights as may be afford- ed it under this Contract shall withhold from the Contractor, out of a ents due the. Contractor, so much thereof as the Local Public any P ym ..,:: Yate 1 of 13 PnGcs .£11tH ifiil to the c:On'.;raCi.in Of fl CGl' Or J TO 1�2-e`E:!-tat ive of tile 1h ca-i:our : -.r ,es on CA :i:e j. s. Depnr? .dent of Labor .nitten ov;Id.nce of ti:�, rc;__. _mien of his progrz__ . :d i,prcnticcs as wC i l a3 t::e ratio i and wJ ,aZe rata s (f�-pressed in. _:e-Tceata„L; o - the jo'aaca} r'l hourly rates), for the area of ec strllction i riot to :_:; n z --Aly apprentices on the -contract 'eor Tho •"';'Y: :Cai:e 7:�c'_C: apprC-11t1CCS slial.l be not J.eos titan tl?C .^.upropri£_te—rercen-", of tPe `Jjol7Tney:.anls rate contained in the app-licable waY,z cetcnLiination.' bas provided .in 29 CfR 5.1- tra-neer will not be pei:nitted ' o t crk at less than the predeter; fined rate for i:ile l:ori:rerfor .ed .�;le-s they are employed ;;ursuant to and individually re�,.S.s:en.d in a pro,: an which -as recti ived prior approval, evidenced by forziL l certification, by 'he U. S. D part:nent of Labor, M,-,npo:ter Achninistra.tion, P-oreau of Appren- -ce and Training. The r do of trainee , to journeymen shall not be greater than porziitted under the pi,:n approved by the peau of Appronticeshi.n and Training, very trainee must be pa d at ltot less than the rate specified in the approved pro- a-- = for his level of progress. Any employee listed on the payroll ata train-e rate who is not registered and partici— pat-ng in atraining plan approved by the Pureau of Apprentl_ce- ship and Training shall be paid not less than the wage rate dote -aired by the Secreta ---j of Labor for the classification of work he actually perforned. The contractor or subcontractor will be required to furnish the contracting officer or a repre- sentative of the :loge -hour Division of the U. S. Department of Labor written evidence of the certification of his program, the registration of the trainees, and the ratios and wage rates prescribed in that program. In the event the Bureau of Apprenticeship and Training withdraws approval of a train- ine3 program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined' rate for the work performed until an acceptable program is approved. C. _Equal rlrploY�ent Oonortunity. The utilization of apprentices, trainees and jourr_eyWen under this part shall be in conformity with the equal e_:^oloy-:,tent opportunity recuirements of Executive Order 11246, as mended, and 29 CFR Part 10. Page 4 of 13 Pages - .. tiuo:o to (1.7v1 in excess of 8 l:oa_rs or in excess of the st r.Oard :ork•.ree'.k of 40 hours without paymc-21t of The Overtime WY_-cs rCc',-'i"ed by t:':C cleuse set fort.•? in par�craph (c� Witdixcldinr; for l eui.dated da— -'s. The Local Public Agency or. Public Ftd: shall withhold or cause to be withheld, from any moneys payable on account of work rerforcied by file Contractor or subcontractor, such su s as uay adnir_istrat.i.vely be detcr2ined to be -necessary to satisfy any 1 :abilities of such Contractor or subco?;tractor for liqui- dated damagesas provided in the clause sct forth in paragraph (b). (d) Subcontracts. The Contractor shall :assert in any subcontracts the clat;ses L.t forth in para.Zraphs (a), (b), a*)d (c) of this Section and also a clause „ecuir ng the subcontractors to include these clauses in any lower. _.icr subcontracts which they may enter into, together with a clause recu_.ring this insertion in any furti:er subcontracts that may in tiirn be made_ 6. "suuLOM-11 OF J%PPRc:W1T.CES/TFu11,7L•YS a. Annre ntices will be permitted to work at less than the prede- term.ned rate for the work they performed when they are em- ploye;!d and individually registered ill a bona fide apprentice- ship program registered with the U. S. Department of Labor, ;•lanpaver Administration, Bureau of r_uprentice ship and Training, or with a State Apprenticeship :agency recognized by the Bureau, or it a person is employed in his first 90 days of probationary employment as an apprentice in such az apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of i_pprentice ship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The alloFwable ratio of apprentices to journeymen in any craft classi- fication shall not be greater than the ratio permitted to the contx-actor`as to his entire work force under the registered program. Any employee listed on a payroll at an apprentice wage xate, who is not a trainee as defined in subdivision (b) of this subparagraph or is not registered or otherwise e -cloyed as stated above, shall be paid the wage rate determined by t^e Secretary of Labor for the classification of work he actually perfo r.11ed. The contractor or subcontractor will be required to Page 3 of 13 Pages - HUD -4010 (:•76) i V 11. 1OSL I ; r nla^FL1FC1ZED WJGa D.:7'JCTICNS The applic ^la waSo coater of t}:e Sccrat: � / of Labor., United States De^artment of i.`_bor, :_!id t}:e applicable waw detelninat.icn &-isicns Of Sa`_d Secret --r .i 1. Labor 'respect to the var'_OU9 Olassiflcat -C:: of la' o_ers a.d c c=.�nics er-ploycd and to ''ale c_;:.-10ye1 uL.on tl,!e covered b,, :.his Co,_tra: t, and astats c-nt einowii: ELI ceduc ._ons, if any, in with -.1^.e ro1'1s:.ons of this COntraOt, to be made Ir3:1 wa(;CO ac'tual'ly eaxrn„d by persons so em1,10yed O_ to l%e e2:„7.oyed in cu'ch clae8i- ficationS, pos'e'd at appropri<_1:e co:nspicinDus points at the site of the word:. OR Tr,S7 :G;IY BY 1:!';i':.0l. NO lc^_Corer or mech—,-Iic to whom the wa,,,e, rola y, or other labor s.c_ndards rovinicns of this Contract are aoolicable shall be discharged or in arts ether u-cr disc2--1 ated avainst by the Contractor or any S'r.Lcontractor lig c:;_u:_e eilc}7 ha3 filed any complaint or i esti -u Led Or Caused to be `...:t7.t[lted ai--y procecdinE; of has testified or is about to :,.Stify ir? zar2y ' _OCGEd 1K linjer or relati ,3 to the labor standards appli- cable under ihi:3 Contract to h.is employer. 13. CLAMIS AtiD D15 II ';.S PF TADIDiG 100 'ril.Gh RATES Claims and dispute: pertaining to wa„ rates or to classifications of laborar, and eech_mics ei*pl.oyed upon the work covered by this Contract shall be prometl.y reported by the Contractor in ,siting to the Local Public Alsoncy o P,;blic P_ody for refer -:al by the latter through the Sccretar•r of Housing and Urban DeveloD7.,ent to the Secretary of Labor, United Staten D-uc,:rtment of Labor, whose decision shall be final with respect t}iereto_ lh. QUESTIONS COI,'CFui171G CERTAIN FADERAL STATUTES .414D REGULATIONS All oaestions arising under this Contract which relate to the application or i_rternretaticn of (a) the aforesaid Anti -Kickback Act, (b) the Cor_tra_ct- Fork flours and Safety Standards Act, (c) the aforesaid Davis -Bacon Act, (d) t}xe reGulations issued by the Secretary of Labor, United States Department of Labor, pursuant to said Acts, or (e) the labor standa*'ds provisions of any other pertinent Federal statute, shall be referred, th rour,;h the Local Public Arency or Public Body and the Secretary of Housing and Urban Development, to the Secretary of Labor, United States Department of Labor, for sand Secretary's appropriate ruling or interpretation which shall be authoritative and may be relied upon for the p-.rposes of this Contract. 15. PAYROLLS a?TD Pr'_SIC PAYROLL RECORDS OF CONTRACTOR AND SUBCONTRACTOP.S The Contractor and each subcontractor shall prepare his payrolls on forms satisfactory to and in accordance-wit.,i instructions to:be:. ;"........,... 6 of 13 Page, h X3.]010 (2. i6) 0: C.MV111 P11,S0I1S PROHI3ITEDi 1'o person iinder the age of sixteen year:: a-nd. no person who, at the zcrvin�; 6ontenco in a I)Snal or corrt3otional institution shall be emplo.rec'_ on the work covered by,thi.s Contract. s_ REGUz _e_<s _jT-SU",;2 10 ,o-CALI u ACTe Rhe Contractor shall cc><pl.y with the applicable regulations (a copy of which is attached and herein incorporated by reference) of the Secretary of labor, Unitcd States Departc_,�nt of Labor, made pursuant to the'so-called ".-nti-{ickbac' Act" of June 13, 193:1 (48 Stat. 9118: 62 Stat. 862; �2itle U.S.C., Section 87)+: ani Title 40 U.S.C., Section 276c), aald any a menduents or mocificatio:ls t}iereof, s_all cause appropriate provisions to be, inserted .in subcontracts to i_'ISUTe compliance therewith by all subcontractors subject thereto, and shall be responsible for the submission of affidavits req-uired by subcontractors thereunder, except as -aid Secretary of Labor my specifically provide for reasonable 1]_; 3.tat;ons, va"_Atlons, tolerances, and ex.,_m7tions from t}le require- ments thereof. 9. !-MPLOi i" ,P OF 1.i1301U;RS OR 1-!E('lv211CS !'CT LIS -111M IN I&ORESAID WAGE. I&TEEiLITATICli DECISION ' Iny <aass of laborers or mecnaili.cs 1,:hich is not listed in the wage de tea^-i.naticn and s;}lich is to be e:,ployed under the Contract will be classified or reclassified confor, ably to the wage d.eten.- nation by the Local Public A&-ncy or Public Body, and a report of the action taken shall be submitted by the Local Public Agency or Public Body, through the Secretary of Housing and Urban Development, to the Secretary of Labor, United States Department of Labor. In the event the interested parties cam-ot.agree on the proper classification or reclassification of a particular class of laborers and mechanics to be used, the question a.cco.--panied by the recommendation of the Local Public Agency or Public Body shall be referred, through the Secretary of Housing and Urban Development, to the Secretary of Labor for final determination. 10. FRIl\G3 MTEr^STS NOT YXPRESSED AS HOURLY WAGE RATES The Local Public Agency or Public Body shall require, whenever the cini"^um wage rate prescribed in the Contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly wage rate and the -Contractor is obligated to nay cash equivalent of such a fringe benefit, an hourly cash equivalent thereof to be established. In the event the interested parties cannot agree upon a cash equivalent of the fringe: benefit, the question, accompanied by the recommendation of the Local Public Agency or Public Body, shall be referred, through the Secretary of Housing and Urban Development, to the Secretary of Labor for determination. Page S of 13 Pages Hu D_010 (3 75) E without the Local Public ABG-ency's or Public Body's prior written approval of the subcontr:cter. The Lccal. Public A„ency or Public Body will not approve any sub(ont.r-actor for work covered by this Contract who is at the time incligiblo under the provisions of any applicable regulations ic­aed by the Secretary of Labor, United tatcs Depart;nent of Labor or the Secretary of 31ous.ing avid Urbui Developu:ent, to receive an award of s�:ch subcontract. 18. PROVISIONS TO Fs, TNCLUD'r.'D lii CERTAIii SUEIC fRACI'S The Contractor shall ir_clude or cause to be included in each subcontract covering any of the work covered by this Contract, provi— sions which are consistent with these Federal labor Standards Provisions ._nd also a c)-ausc requiring the subcontractors to include such provisioias ttny lower tier .subcontracts Which they 1c _y enter into, together with cause requiring such insertion in any farther cubcontracts that may in turn be Side. 19, t RICH CF _P0RE,-01 QG FEuF.RAL LIBOR ST,"Ai`'DA 'IDS PROVISIONS Li addition to the causes for 1ermination of tris Contract as herein elsewhere set forth, tiie Local Publi-c Agency or Public Body reserves the rit;jA to tominate this Contract if the Contractor or any subcon'_ractor whose subcontract covers any of the work covered by this Contract shall breach any of these Federal Labor Standards Provisions. A breach of these Federal Labor St_-ndards Provisions. may also be grounds for debarment as provided by the applicable regulations issued by the Secretary of Labor, United States Department of Labor. Page 6 of 13 Pages HUD -4010 t7J6) ' Page 7 of 13 Pages I . _• �nu'.aG1: (Pati) furnished by the Local Public AG,ncy or Iublic 3ody. The Contractor r.hall submit weekly to the Local Public A(.i=.ncy or Public Body two certified co::ies of all payrolls of the Contractor and of the subcon- �raciors, it boinr; understood that the Contractor shall be responsible for the snb;Dission of copies of payrolls of all subcontractors. Each' s ch payroll s}aall contain th:e "�,'eekly Statement of Cc pliar_ce" set forth in Sec tion 3.3 of Title 29, Code of Federal Regulations. The payrolls r-aici basic payroll records of ii_e Contractor and each subcon- tractor cove n i all laborers and mochwzics employed upon the work co -:erect by this Contract shall be maintained during the course of the work and pr:.served for a period of 3 years thereafter. Such payrolls and basic payroll records shall contain the na_..e ani address of each such employee, his correct classification, rate of pay (including rates of contributions or costs anticipated of the types described in Section l(b)(2) of the Davis -Bacon Act), daily and weekly number of hours worked, deductions madc, and actual wages paid. In addition, whenever the I Secretary of ralior has found under Section 5.5(a)(1)(iv) of Title 29, ;i Coce of Federal Regulations, that the wa, es of any laborer or mechanic include the amou:rc of any costs reasonablyanticipated in providing benefits under a plan or program described. in Section 1(b)(2)(B) of the Da-;-is-Bacon Act, the Contractor or subcontractor shall maintain records : ich show that the cow itment to provide such benefits is enforceable, t^at the plan or proms am is financially responsible, and that the plan } .._ rrograan .as been coamunicated in writing to the. laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred i1n nrovidine such benefits. The Contractor and each subcontractor shall make his employment records with respect to persons e^_Toyed by him upon the work covered by this Contract available for i�snection by aut}iorized representatives of the Secretary of Housing and Urban Development, the Local Public AGency or Public Body, and the United States Depaxtment of Labor. Such representatives shall be permitted to interview employees of the Contractor or of any subcontractor during worming hours on the job. 16. SPisCSIC COTFRAGE OF CERTAIIN TYPES OF WORK BY ENIPL•OYEES The transporting of materials and supplies to or from the site of the Project or Program to which this Contract pertains by the employees of the Contractor or of any subcontractor, and the manufacturing or fla-nishing of materials, articles, supplies, or equipment on the site of the Project or Program to which this Contract pertains by persons 1 e ployed by the Contractor or by any subcontractor, shall, for the j purposes of this Contract, and without limiting the generality of the !! foregoing provisions of this Contract, be deemed to be work to which these Federal Labor Standards Provisions are applicable. 17. INELIGIBLE SUBCONTRACTORS The Contractor shall not subcontract any part of the work covered ._. -. ,by this'.Contract or permit subcontracted work to.be further subcontracted ' Page 7 of 13 Pages I . _• �nu'.aG1: (Pati) (,- . d,e G!1. _ il•u:•i„e,A• I "Alnt;un :::ntrol 1, t, ."d t!:rn' : •Art of 1959)..n.] in t!:• .nfoiuurnt .,t :!:. u..rtir.•e l•: .•;.L•n.alt!.-,i nil.rt F'.•r;; I!nor. `i;:o....�. ,rt,.6r::,::r tl; err:ppff.,!.6•lo.•n ork. Lr pa.: dr ta'l Ox .{.. d.tion.,irw,fr.•tor.�:..uL.outrartun nT. n,' 4. th, .,rcklc s,dm .Ion of ..,L,.,,..-r•'r'.rn! in;, t6. .. spaiJ.n.._ .., .r.A d:f:, p. xa<ionh tla avrnvntal:;.:.m!pr..d.nr>':o.rm i::,' th, n:.k;ng of .,:.twos Lo n+ I!:rw 4p .,f th e --r g11.�_.�inn..,r6..,�.; and J.!inf.ec:L,. mothod.o!p+.m. nt l.frr.:i,.,i!Jc on•.:r!: •. a.k. cr Imn 3.2 Dcfinitiens. At I .,l ;n the n;:n!rtiaa;. :. tl is i.=rit (a)'R,,1,res”j..;adinp-'o:"..nk"parrall.ind"'i'con!Iru, lion... icy as di.fing,J:,+l L-onl rn.1"llt nriui.. L:r:.is6u,g .f .11.11 rial-,.r>n iG:._ a::•9 :r..:intn:z ncr .. eek. 'f L,: irons in elude, ri!houl Iindt a;in-, lndldn,Fs, aruclur+. aed in. p:otrn:r�t•.: al!la i- .nc!t T. 1r:dgcs, da,us,pants, LiC�Itways.p.,l.a.s,we,fs, mbweys,twu.ds,�wrn, mains. p.r..r. pmnpL _ st,t;••n-, r :!w:.y s, .n iurts. t, n.ina!s, docks. pins, w1:ar,c, ,. ay r, GFFdhc,crs, Lncys, lrttics. Leat,.. urs, Ie..rs, w'd r. ._•.:vF,s...•rioq.u;fnldin;:, drillir,F,L!.sting...... acing, dc.ing r, and Lt ndac:ping. 12.1", nn:.l ,rt•d in e.vv... I;,,:,I;,,:,w,;h :. nd_t�ti.e m. .d "vd' L ... L ifnp or work as is drag lLrd in tl.e fin (uiny "It-.:", lint n,anu frcarr or Lnni.L- iuFof rnm-rial., otic lr=, r✓� p'.r� or a (.1 r' 01 r ,, not a Fcd",fl or stnir.. +11q aniuirrs tlde n, "'Cl, rnah rl. I•, :ut;ries, snpp{ir=. �r e.luipmert J".:ng Ox's :n. '4 0" manufacture or fu: nisLinl;, or owm the nw,,it s fru," whir, :Ir, arc m...uLrt:o-.!.•r fu:ni.h..d) is nota it Lin IIIc Int"J"g of the rr gulatioea in this part. (L) Thr I.rms...'m:>Irircti.: n;'"p.. n,v uti,ln •, "rompirt ion,•, ur"repair" ouzo all is J." of .r,rk en., on a pu I:, u!ar atl:.r..r11--Tof,i.r!A''g. without iimitatim,, ahrrinf.r.,.:odriing,p.inliud.1111 A"xa.tiog. Il,••traml•,rt 5 to cr frena C... L'J'!;, nr ..A by lite rmpL;. "of 01, ron•A urtino "":'actor or cnnil:urtinn .a., mtrxt..qa::AIL, o',n.feCtunngc•rfumriLl:o of lmarri.:ls,mti. It"lupphrs, ur ryuipmeot on thu .it, of ILr Luddi.4 nr �. Ly (+ears r n,la..ynf at z1v utr Ly the eon:rc iter cr suLmnlractor. (c}ll,r trn.s "puhlir Lcil.'nz ur"p,:ldlc.mk"in1Ln3, LuiIding.•t:.arkfor.i:osr. on. t: url ion, promcufi..a, cn o' p.. tion,...cpaiq "a .1, G", al,.:. r, a Frd• rd tee.j i, a, once Arcing p:u11, n „anllr=e.!.hrtLF title 11;. ,of i:. in a F,-.!, a�<ncy. (d) l'hc term "Luildhtg .•r l,A inane, d in .rl:ole nr in part Ly lo::ra or Ere.nla Lush th, 1"'itrd stake";nd.dr. Lnild- ngor wad fr•r ..:,.,.. r... .., I,,, : tion, rnmpl,. tion, or repair, a. def:n,d .L,,. r, pe.rnrnt ur p.ct ["!'.trot 1- n:a,], dr-c:!y nr iudvrrtfy (rmoL pry. Ljrd 1, bunsor;;.ntsLy.,Frdrra!v.;nn-(. The term.lar, not include L.:;Idinp or .."k for hid' Fodor a! xwaac.r it lana! !> ,I'll to loan p".'11"s or insn:mrr. (c) I?.cry pc r.rm p.:d l.y a o+ntrar Wr or suLrontractur in a::} m.norr L,r his I..Lor in th'. ccm str urtio n, prw"t,11,o,, c•.mpbtion, or :rpai, of apnl.!ir LuBdi^For In:41i<vmk or LuilJ in;• or work Gn.n"'i in wbu lr o in perl fly r..loo us or LTanls fnl tI.r United St.tee i, "unp!oa rd".re! mc.iving"..t,cx," rrgardh�s o(anc rout. ect ual rc l.fior.Jlip y;rd to ""I Lrlw ren hien and ILe ,at rmpinvu- (f)'Ilrc tc:m.... v ffili't'd prrsnn'indudcs:.{roue, cLild,p.rrnf,oro;llrr dos-tt-Ito.coflhcconlractorcrtuL- coolrartor; a partum ,r affirm of the coot ur lnr nr r,;Lwnt ear tort a roquvation clo, Cly connrrird .ith the moire ctor or sulxonUactur ax parent, s.b,id;a) or of),,, i..r, and an officer or .Fent of such mrpw.tiun. (() The term "Fcdrral at;o:ay" means Ole Uoited SIdes, file District of Culumbia, and all c\rrutive departments. in. d.yrndrut est ald;.hmcnls, r.dmiui•;rati.e .4rnncs, and ins[ru nunlalilirs of ILr Gnitrd Stairs and of the Dilrict of Cnlnmhia. ineicding eoryarat ions, all or :uL:tantiallc all of At, :luck of winch is Lr u. firially o.ncd hl'the llntled Swca, Ly 111r Dnlr:rl of CcdumLia, ur ani of the furrguing drjrzrimod•, rets Lli.hmeuls, agnnir., u.d iusinnnrntalities• Section 3.3 Weck)y statement with tesjxcl to payment of wages. (a) Al, u.rd in tlds V'CG.n, the trent "vnpinyee" shall not apple to p,.rw os in danaifirations lusher than that of labor. r or mechanic acd those w9:n arc it;, immrd;atr w!Trsiwm of such rn. etosrrs. Page 10 of !3 Pates - HUD -401..1 (2,74) H LJD•<010.1 (1-76) Al"1"AGNS;P\T 70 t -t fyF.lt.'.L L:A IIDK SI:ANDARDS 1'&OVISIONS S^CAI _LI0 —1<T 6KICKB',(-: ACI-" AND REGULA110NS PriO.'dUL(;AT EU - NT IHU!,IiFO BY llil: SB:CRETARY OF LABOR, U?:TLD S'1AT LS Iy1_PARTh1LN1 OF LABOR TITLE IS, U.S.C., eaction 374 t F:rp!am miction I of the AU of lunc 13, 193: (48 Stmt. 948, 40 U.S.C., sec. 2:r+bi p ununnt to [lie Act of June 25, 1948.62 Stzt. 862) I:ICKBAt,KS FROST PUBLIC ss'ORK.i ESIPLOYFES .: b."". In f.., ,, in6o,fd. Gnn, ur 0!". 1o(d 6+..0 +nydoy mint, ur try any "O'er en; nmer whatw• ... r .::,!ur.� mea !•. r—ao. mpl„�. d hf the n..+-: n+(tlon. p:o. (vt i„n, nnnpL, tion m rrpalr of :ns' public Lnildi ng, pu clic murk, j,o Ly I'.au—, fends fru;n tl,r I1 .,. I 'tatr�, to Eioc up any part of the cont- , a to w L wl, l,. >cutdi.d..... r+ia o,n;rart n(.:upfiry n.. shoItI"f.nodnor morc(h.0 S.i,f100 ur ingrtiwrrd not , vr. a.1!+an fisc u: r. m lnrth SICTICIN 1 (1F TY,E ACT OF IONF 13, 1931, !,S AAVE\)E0 (:S Star. 943, 625tat. Sr:2, (,3Sta:. I08.72 Sat.567, 40 U.S.C.,,. c. ? 76c) 7Jar .urtaa .orLA.u:bugn'Arol...ntr,:t.a•.ud.oLroidrarturn <ngagrd in the construction, pr.,. , ctiun. rnmld. I i.n+ Or '.IQ it of I'nhl ,.o,l.e finan(ed in vLhl<pr in part by Iwns .r -.•.:>{nun for !•rutr.t >[at, i:”+!adnr_a hen tlut,a rh ronh.0 Da .,nd-o L,untu+aur=1+x11 finni.h +.-ekly'a Natrment with'.,Peet lu for >o<spa+dr.+(h nnpl.s,e Junng❑.r p:.+rd...ir FiM of Tltl< 10(Cnn,d.unrs Cede)stall appl, t...urh.Ial. meets. ... xx X--- i ueo,,nl to tl,e afor<uid A+:tbKiAba.h Act, Ow 3:emt>15, of Labor, tlulyd States Department of Labor, has promul- patrJ the ngu!alions Lereina4.r .ol ford+, .I:uh tepulmions arc fu+md in Title 29, Subtitle A, Code of Federal Itrgulations, Part 3. The form "this pars; •aa u -rd in t!:e rrgut<tions I""nori” set fort+, f(fefe lir Part 31ast avnre monbnned. Sad rrg- ula{o.n? are as follua's: TITLE 29 — LA13OR Subtitle A — Off -ice of the Secretary of Libor PART 3—CONTRACTORS AND SUBCONTRACTORS ON PUBLIC BUILDING OR PUBLIC WORK FINANCED IN WHOLE CR IN PAR -1 BY LOANS OR GRANTS FROM THE UNITED STATES Section 3,1 Purpc,&e and scope. - T'Lispart pre-e:itma "anti4ichlerk" repulaliuns under acctinu 2 of ILc Act of June 13, 1931, ac amended (40 U.S.C. e Vis; lac). f.q•ulml. krw.:n as tL<G,pAand :1cL I In, pzrl applin to any contra., .. Lich is sntj<rt to red. ;.I -az < standards and hi, It i, for l6< ronstrnrtion- i,roxcuo.n, emnpL l inn, nr repair of puh!ir Lendings, plddie work, or ImilJin(s or work Gnaacr.l in wlwle na iu part In loan, or pv a+,t- Lord ILc Fnit<d States. The pad is intruded to aid in the enforcement of the mini -ram wpe jnosisions of the Ua.itdlacon Art and the ..ri.us statutes dealing wfth Frderatly-a.>i-!rd r,-nrtrurz;on 11r41 r..r.t:in simile minianvm Brace prnfi•ion•, m,luding slmn prmisions whirl, ate nut suhjrrs to Rrorysnia:dion flan Co. 13 Page 9 of 13 Pages (d) Any:.J,,,li..n... r.:,ile.tin!aDoul,d.uli,oen Loh.Muf for jr•rvm<mpf"Mto(en Js el-!.li.hrd I,id,c tn.pley rr onto(-r-rnrt;1esol. ny.im.r:,..r Loth. f.a the p: ofprv.idinl; <ilhrr(run: l:nuripal,�. ncnmr.:,,!,,Il:. n:rdicaltar Lo.jdtal .art- proal." - .a ;1 ;,4 on rr tircc:rnt, do ..11, lo.' , f its, coinjwn.rli.m for injuri.s, ijl, r, ,, accidents, sickroom, or .L-d.•!itq,:.r for i, :..<,,.:u it ina aide 4o", o" it,, f..r. ,.u.p, n, nn, u.lAn).,, et 11"r,(,I,, cawion pay ,.a6og, a, Coutou, or 'i ... iloo;•:ry,u,w, f,.r tl•. 1:: ;,.Gt..I. op; I'VIF, th.n, fa,n.l its n:d Jr t+rnJr nl st Por., riCd. houvua, Th; I ILe (olIv. jng .landands .<. c (1) The J•.to!" a i. . -t vt v w;>. pro, loldv.I hp la. ('!) it is rith, r. (,) 1 -,.hint anIy Corernie.i 1, by Ilo, rmple) re in...!I; ug and in ad, cost a1 II,, I.. road in •.hi<h d:r wo,l i. to Ir- done unl ""ll rwwnt is .ant a rondif ion rilLcr for the nLi:.lnln� a.f ar (et der ... ...... t i.rn of no A."- I, tar (I,) prn.idrd fon In a Lona (Ido r. Jlrt:hr harpinirg a;,c Menl lot. tom, r, th...... rartor.or wlwn„t: ac....... pnuntaGus,J ds cn,pluyCnt(:{)sal profit o,o:Loc Lcnefit is a;hrn.'ix oLiainrd, Air - Near i nd'a..11c. 1 sL: •.mrttlnr.r:nvrontra,tnr cr::,.rc(lihrd.:d prr..a:in,Lr fort" c(<mm�.i.-ion, divida,d. tar ot!;. isr; a„d (:) rh-. drd n. f,•n> .f.. 11 xnr d...•.... reit torr end iron. -t of the rnyJu; re. (.} ane d, dnrfior...udribniing to...rddn. lnnrhasr..fi States Dcfnvr £tamps znJ 9or.ds..Lro voluntarily .A!nnixrd Ly Or, (f) Ane do j ... ii o rnju.:rr.l!,. lLe rloop! ... r. to .•naLlr 1•io, to repay loans to .,r to l urcha:r •herr- in Crodil unions .o.r.!and olwr.'-d 1.. mton Igo, r a•nh Fr,I, ,!.tad .Y.ae n...Ll union N:rtutr.. (^) lor,!,Jmti,•n..:1u.:l.r, dv xmh.:,ie.dh. the rn.pla)rrfurth,-o:fim,.of routriL,Constogo,,omeutvJorqua,i- pn.n.nr• 1.1.4 upmri. -0.1. n. tL•-:1 mrn..n 1!c.l Coo... (h) Noy .lnLa ton ..i::ntari!c.utt�nn:•:d by 1L.,o'llo) or for 0"?" ing o(enn:riLu`ione n>Comrnq city Cleris, un 1'rSt..1 :..a.r>F.).,.a-,d` i... iU.,, a i.a4,10< oil.. Ratiaas. f.1 \vv JrdurU.. m, to pav r. pular ",wow u.itia:ion fro, :,ud nrrn.!ar nl.ip Jury. n.•1 inrlud; og Geri or yari• l a•.¢s+mrnts: d. .1. h, o,rr Ir. 11'+a a,. oll"I n or Lmgemin ep,, n:Lrlwr<nthe Co" (raringor.n!.cotot actor .o,d r.prre.• nl a l ices of ;Is aep•h., ... p•o.i.!.s 1..t .u. 1, of. a,,,I Ow !-Icfti.'o, ... sol uthrr..is< pool:iLitrd Ly law. (1) Ana' J•d u r t d..n not ...... th:.n (or 11.. ••..•.:",.A. ,('•of bard, lodging, or nl'vr f.,0, 6,s mer ling the require- nrrrt. of -•r tio., 3(m) ,J the Fair 1a1e,r Aandanl. A,I of 1938, io`.unrndrJ, and Pmt 531 of ;his title. 1('I"'r .tach a'W"dion is n,a& 1hr ad.!itio,oA r..„ir -rM, tool uu.1,r 5a 516?: (::) of il.iswle shall ha kepi. Section 3.6 Payroll deductions Ixnnitsible lith the approval of the Secreetry of Labor. An. Co.ora<tur rx .vLroniraelor m..v apply to t6r for r, tan' of I-Aer for prrn.is-ion to nufc a,• dedurtiun not poor, rnittrJ un•S.e 15, -1 1w S•rrrtare w-1, grana permis.ion .. hrna err hrfinds th:A: (a) Tiv rontrarlor.-uL.nntrm tnq or acv a(fdiatrJ pCrwn dors nut ma6.• a pea (it ur Lr tar fil directly or iudireetly from llr Jod.:cl:in rithrr in tl:.• Inrm of a <em miuirns, di.id<n d, ur olh<r,v isc; (L) 71:r d<Javtis, is.... uthrtnis<Lsolsii,it,d Ly law} (r) TI•e d,dovt;.rn is rill,, (1) wLnaarily con,, oud to Ly tl.c employee in writi,ig end in advamr of the period in which tier root\ i= Io Lr d.n,r and +111 !I rou.-. of is s:ut a rundilion til jr, for lilt oLlaim,op of r,nj lu, mrnt or a, rontinuanrc, or (2) pry, id -d (.a, in aI...... Gd.-r,.q<rI i.r Larpeining agrron:rr« L. lw<rn the <worvtnr.•r.nhronVa, I,or and ,, pr. -t rot al i<rs of it, or mplo, re.:."I (J) 11u• Jrdurtion .a,.•. d,.- ruu„.n vr.,r and int, mt of t6r cngrlo)rr, Page 12 of 13 Pages Nuc•40110A (x -re) } (L) C.n •.�• I, Is 11. olio.. tor. l in i L:".u.rI nn i ism, p1.... s of inn, c�nq!. lin o,. v n p.. 4 of aul I•ob!i.' !, u;a t. of ilu.eLot Miss'! o....aL lu...ocrd in s, Lu!i is, in p:.rl L. !oau, m four III. r Voilrl `Inti... hAl naol .. ilh rry.rr l t,. 111, s, sluiA!..cL„Iil..wplmrrsc,,n v.i on.. r. rA rosrrs J Is, —11) (aI If stn. i Ils, I•r rcdn.� urfl.h pa.l .,If p.. ;",1. 1111, o:.l. a of •i�_il La , .-• is:, i Le It's, rnntr.,rior or ruLo m. . t..ml.er..rl.l:.....•t:,or7nd oflb..-r or, ngd.ov, of [!-I- IonVarLa t.�m!u.:nr �ho.I:., I,;,,, t!o, pagotrot.d usp,.,."J ..Lill!.rI...rou,, tti :11:1. sit oft<..01�...... e",or unall ids rm,A L,rni i so IL, La.l eI\CII:!1Is, •.l' roll(furC-n- k,rmu,tlplion.dItn.)'-,i...1 cfuran,ith id,.oIl,on!ini,.`•aln1111 ropi.yo;"P it 317..,,V%113171.pac Le olA.Iso.1 lint's Six( ...crrmnrnt,. 1 ofrnr lv.;�o. xi..mceine a� c, Lust ropier oftL,-::faro-oay hr pu ....: d al ILc Go,cmniul rlintir.,,, O!Gf,. (f) Illf ......IL n! tLL, scrliou .Loll rwl :qg l+ to any cow,.cl of S9 000 or Ir=s. inohog In II., Lf ad or a I'rdi r.l a;;"n rv, fNe Sarre r of I.zier aur, profile rea.)nablr ln..;"Ji... l \a,-nin's , Iuliraos+ —. and .'vulfd,wG r.os tl., nq nia went: of Ilii, .rel ion -Ajrot to 11111 eondilimr: a.ILc So Is are of LJ -,r .nay ^_9 !-.!:. 93,ja•:. 1. 19( I, m.nuudnl A.73!.It. fit l rl(, July 17, 196I7� Section 3.4 Subtniviun of wt•ekly statements and the pre�(,Tion a;:d inq;ection of tIeckly payroll records, (a) I:afl. .. -. Js was .... m "'Ini, al ruder .3.3 sIsAi In, dfli, red Is, ILc mufra. Inr ur .wLcuuL:n tor, +•i!hin aefrn r!.+s.dlfr Ott, r.}.star I..:a moo JAI of di, pal roll perioJ, to a mpm,r ul al if" of n i'c&rel cr Stalrap nc) in ,luq;.• at tl.r .il.•.if On- Lei1Jen;, or .,od, 'o. if ILir, i- is, rflIts .. !nI is of a Pr J, IA or F!a!r a rad ..t ll.c.ile of the Lo Mini, or.•ork. tLf 4 ..I. usn.l 4,111 1.- n.A. J Lr IL, .....0 art nr m .0 Lrun!r�>c!oq 1. i;hm ..l, limn, to a Frdrnl or Stair: scocr 0 ... a..III ; finan. u+pt V., or.+mi.. As”. r ,nrh faain inofion and. 1.c,1 ;,4 ur.f he mm)r, sods Lai.'..... nl, or a cnp. lb,rrrof, >!:dl Lr Lrpt a... il�ld....r 1,.,0 L, ,oras nnU.d 1.-g,lhrr ills a n l.,nl of ant!„I.Aiun, i:1 aroudantt- it ill. alq,li,al,le pro, v4no per-niL.rl It.,, Ila, l:nil,-J S1.,o a)ipwlnl,.n of lainr. (!.) liaah cnatr..tor or >n1I,III I a,tor .b.Jt pm:.rnr his w.rLA pas roll rrrord., for a prriod of tbn:e scar: from date of e.onf i. li-n. of Iris- I-om, act. '1 Its. p:n roil riro.d• ,tall , I out at, lam,!\ and co...pl.is I ILc nam” and mL1re.: of earl. b1tor,'r, ,r.l ar.du oils 6i= .ort. rl.la--ifif oi, n, at, of par, dell'. and "cck if numl,fr of Iwnri+. urlyd, dedufl ious mad, -,and ara,:d .. a j.1 paid. `o. i+ pad ,sit ,. l Is .rd. 11,11 Lr wLde avilel4r al all lio.rs for in-perGou Ll ll+e contracting officer or Li: au dio.izfJ a,1+41 Is, aulho. iefd rcprrw nLiliso,(ILc Dfparlmolt of Labor. Section 3.5 P2yroll deductions Ix•rrnissible without application to or approval of file Secretary of Labor. Mdooion,; mad,..rads ILc rircumsl.ncra or in 1Lr siO.alions Jr.fribrd in elm farad eplss o(1Lia serlion may he made ,j:j,on1 apldicx:i.m to and app roaal of III, ccrrcl..ry of Lalsoe (a) An\ ,3cduct ion mad, in ro.nidiancr ..illi clic rirfiurcmanL of l',&,J. Swiss or local ltd ,.m'h as rcdrral or sime w i:hLoWing in<-anoc la\rs and Frdrral rociaf s<cwi[y talcs. (L) finq .:c!.olion of asmr pm.iou-Ie paid to the crlplol er as a Luna fide In. jot) Inert of o'asirs+r"rn sueh prepar....'.a is r'+adr,. ills....t e,. aunt ur inw trreel. \ •l1.a fid. prapm zecot of 11 ^f s" is ronaldrrrd to haw ""n mad" urate +.1".. ca,L or it, rqui'A. II lar-fb.ro ad..so. cd to ds, Its "In nnplut. d in cur h u..oso" as to Fisc f.iur congdrle Leedom of 4oln-]I ion of ILi adaaor,j funds - (e) 1,I, J..1... 4;.,n ur.onoonh is d Ly cont plot ,. to Lr pail to ..mil, I. unls, the it, do, tion is in raaor of 0o canineInr, •+:Lw.ntr.0 ror..r ana affifi.,f,d I.rrmn. or s.fmn eulloe!oo or r.Ilaboralwu raisl<. Page 11 of 13 Pates 1 HUD -4010.1 (2.7e) Scrtinu 3.7 Alrt Iic:Awnc for Ilio .p;pl orad of 111: Sccrrlory of l..hnr. A.:y iq:.ah•n Ga t!.a:.+.J Lq ,.(I•.Iroll J.Jn•tiuur In A., uuply Bill; ;L• q Aprrrni,•d :1.. f..!;. .. i�:;,t ��1•'u of lLi��.rliou: (o) Tl.. .pi.gr.ti.... it J 1•, in au, r:. r.J .Ndl Lc:oldnsrrd to A, Ser.. UIl,cf IMor. (1.) 'il:r .y-piir.liu::.1. t! i kng6 1!.. rnr.11.1,In' Inn i, i. l: undrr wI.h-6 d:, walk Lrllucc I ion i- to Lr 1,,,funun 1. per rniv ion w.:! l.c pi.. a fir �;., crtino=uuh on prri(ic, idru ti(ic,I cin L: cl-, c.rrpl upu.l :!:.::,I q o(+:,cc pliu n.iI circ nn.rt:ul r... (r) Tl:r ap; i. atinr. .ual Na:c :.ffinual i.+ly Ill,( Ih,w i, mngJi;;:: r w i1L I!•.c st.uJan!::r) (ordl in the pro.i.imv of § WO c a:!irnu tion 0-11 IS, a:nuupanl. d Ir) a full slnlcmcot of d•., farts nldi<aliog sud, ,cimplilince. (d) It, .:I i i. M;'o shall indod, of Ihr prupu-rd dcAm lion, tha Inulxasc In Lr .:curd tbcrehy, and 1hr ,Ix::rs of la!xrt,rs ur olrrhanirs from .J�nsc w.4es llnpropr,od Jcd url ion would 1. nude. (c) T1,c :pi•!iration >LAI mw a, n..n..• and Lwin,:,, of mq A" p. 1 -on to'T om aur f.: ... l. oblainrA Poon II., pro- pc:av! dcd ur:imra _ur to 1<:rauw.itlyd .mithr affil ial ion u(.mL prl.•n, if anv, wit!: Ila applicant. Section 3.9 Action by the Sccclnry of Labor upon applications. Tb, S.of i_d.or .Call chid, w6rth+r or not tL, mj... Itrd dndrr prodslmis of § 3.6; anA d"..11 nvt ,ry 11.1 a{gAlravn in oohing of Ili' drrision. Cclion 3.9 it t-.Aibitcd papoll deductions. vldnction> r ... I rho-. L.rc pwci,!-1 far Lr Ihis past and Lich vc uul found to Lc p:rn,j -iblc mid,, j 3.6 arc prohiI.il, d. SCOW 3.10 S!Whodx of poyrncnt of mages, n, pay root of the Ly r,h, nqwww imdrmnrnl, p:.. ai!. on Ih, add i lional (arms of rrnnpenei- 1lua Ill .Jdd,.1.;.Ilion. arc 11"oli"I'l...nJ'. ill;, plot. 'No otIn n:rll-,A, of pacnsnt shill Lr rra....Itdcm..urk snlyrrl Io th. Qn:6 A A cL Sectio113.11 R eyulations pat t of contract. Mt cvntrarty mad, with r,I,,cIt. dir construction, pro sacutinu, comprt tion, or rrpair of am' public Irnildllig or I...Llir ..'or1, or IS.MvIg to. ...a An. "d in ..holt,or in part by lolls or pr.nts from tII, United Sim. s eorrrcd Ly IL, « gul:nions in %hit part .lull expos> -Ip bind the eoulraclor or soLcol t rat tur to eompl) .. itI "Idl of the regu6lions in this part as m:n he ap. pllnble. In Obis read, s.x § 5.5 (a) u111:i<Fubtidc. Page 13 of 13 Pares HUD -401.1.1 (2.76) J S V rl tYll hl rF'enmt to ILl.:Slt—AI- Ynp/:Lt O\, Pis LEGEND: �= LDR •Lav Dervsity Re-siderrtial HR-Kstoric Residential / ;- PB -Park Bazaar- LDC • Low Density Commercial - - OS -Open Space LDC - O Hstoric D-isv ct 1 ___ Pbnned Housing District 1 ai oenro sr i. , s' z -♦ti' rRn .. a Has r . ... *, •. (fir, ' h �el. -Y �� Hifi �lr•�� 1�L 6 O\, Pis LEGEND: �= LDR •Lav Dervsity Re-siderrtial HR-Kstoric Residential / ;- PB -Park Bazaar- LDC • Low Density Commercial - - OS -Open Space LDC - O Hstoric D-isv ct 1 ___ Pbnned Housing District 1 ai oenro sr i. , s' z -♦ti' rRn .. a Has r . ... *, •. M1 MINUTES OF THE BOARD OF SUPERVISORS DEC 2 6 19%9 OF ORANGE COUNTY, CALIFORNIA „aunty • Housing/t;ommu D ment December 18, 1979 by IN RE: CONTRACT HOUSING AND COMMUNITY DEVELOPMENT NEIGHBORHOOD HOUSING REHABILITATION CITY OF SAN JUAN CAPISTRANO On motion of Supervisor Riley, duly seconded and unanimously carried, the Clerk of the Board, on behalf of the Board of Supervisors, is authorized to execute Housing and Community Development Agreement No. C26270, dated December 18, 1979 between the County of Orange and the City of San Juan Capistrano for neighborhood housing rehabilitation. IN RE: CONTRACT HOUSING AND COMMUNITY DEVELOPMENT HOUSING COST REDUCTION CITY OF SAN JUAN CAPISTRANO On motion of Supervisor Riley, duly seconded and unanimously carried, the Clerk of the Board, on behalf of the Board of Supervisors, is authorized to execute Housing and Community Development Agreement No. C26271, dated December 18, 1979, between the County of Orange and the City of San Juan Capistrano for housing cost reduction. SAN 1, IN RE: CONTRACT HOUSING AND COMMUNITY DEVELOPMENT PUBLIC FACILITIES AND IMPROVEMENTS CITY OF SAN JUAN CAPISTRANO On motion of Supervisor Riley, duly seconded and unanimously carried, the Clerk of the Board, on behalf of the Board of Supervisors, is authorized to execute Housing and Community Development Agreement .No. C26272, dated December 18, 1979, between the County of Orange and the City of San Juan Capistrano for public facilities and improvements. DEC 2 0 19M E M. A. gl, F1013.2.3 (12/76) 0 . Agreement No. C26272 COUNTY OF ORANGE ENVIRONMENTAL MANAGEMENT AGENCY HOUSING AND COMMUNITY DEVELOPMENT AMENDMENT TO AGREEMENT TITLE OF PROJECT: Public Facilities and Improvements (E12.3) Amendment to Agreement entered into this 3rd day of February 1981. BY AND BETWEEN and CITY OF SAN JUAN CAPISTRANO, 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 Act of 1974 & 1977, hereinafter referred to as COUNTY. W I T N E S S E T H WHEREAS, the parties hereto previously entered into Agreement No. C26272 dated December 18, 1979 pursuant to the Housing and Community Development Act of 1974 & 1977; and WHEREAS, the CITY has requested certain amendments to such Agreement; NOW THEREFORE, the above Agreement is hereby amended as follows: A. Contract Deletions: Page 2, lines 10 through 14: The replacement and reconstruction of Los Rios Street from Ramos Street to Verdugo Street. (See Map Exhibit B). This will include a new street section and storm drain facility. The COUNTY shall consider this contract terminated in the event that this project fails to begin on or before March, 1980. Reconstruction is anticipated by June, 1980. B. The following shall be substituted in place of the above: Page 2, lines 10 through 14: The construction of public improvements to meet Community Development needs, to wit streets, gutters, water/sewer and drainage lines in the service area. The principal street is the connector road (see Exhibit A).. -1- 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 Agreement No. C26272 It is agreed by all parties that funds shall be expended prior to June 30, 1981. In the event that the CITY has not submitted appropriate invoices for all approved project costs funded by Block Grant prior to June 30, 1981, this contract shall be subject to termination at the discretion of the COUNTY. —2— 11 21 31 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 • Agreement No. C26272 IN WITNESS THEREOF, CITY has caused this contract to be executed by its Mayor and attested by its Clerk and COUNTY has caused this contract to be executed by the Chairman of the Board of Supervisors and certified by its Clerk, all having been duly authorized by the City Council of CITY and the Orange County Board of Supervisors. Dated:By ATTEST; //City Clerk Dated: o� SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD. r JUNE ALEXANDER Ckerk of the Board of Supervisors qf-..Orange County, California APPROVED AS TO FORM;-�� ADRIAN KUYPER, Count Counsel ORANGE COUNTY, CALIFORNIA BY H/ CD AP;dlc840(17) CITY OF SAN JUAN CAPISTRANO i Mayor By .....vs �. City Attorney COUNTY OF ORANGE, a political subdivision ofthe to of California By _ Chairman of the Board of Supervisors COUNTY Exhibit B Location of Proposed Activities Public Facilities and Improvements Connector Road *k** 1."=600' 1� tE ANJUAN CAPISTRANO ousincd/Community UevclopmentNVIFipNh?ENTAL PoIANA --ENT AGENCY ... :;-4k Agreement No. 026272 OF 0!;:,,:^'.rP: - 1`.illLRl,SJr1,.N':/,l. .1;,:�Acl'.••i:�:.� P.-�h:':cY HOUSING AND CCidFIl1N1'PY I:i:Vi;Lt�;'hll'.'!'C %O:;',RP,Cl' i TITLE OF PROJiM Public. Facilities lmprovcmvnt.!; 1( MIihH2RAGUUM OF CUN'fhAC1' entered into this i (lily of-:;�.��L'���_t� , 2 1979. and BY AND BETWEEN CITY OF San Juan Capistrano a municipal cor- poratinn, 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 b 1977, hereinafter referred to as COUNTY. 4 W I T N E S S Y.' T U WHEREAS, COUNTY and CITY previously entered into a Cooperation Agreement, dated November 28, 1978, in which both parties agreed to cooperate in the undertaking, or assist in the undertaking, of community development and housing assistance activ- ities, and WHEREAS, the CITY has submitted to the COUNTY an application for funding of a projects) hereinafter described, and . WHEREAS, the COUNTY has entered into separate agreement dated July 31, 1979, with the U. S. Department. of }lousing and Urban Development (hereinafter designated as HUD) to fund said projnct(s) under the !lousing and Community Development Act of 1974 and 1977. NOW, THEREFORE, IT IS AGREED by and between the parties that the following provisions as wellno all applicable Federn.l, State and County laws and regulatior,n including the attached SPECIAL PROVISIONS, identified as Exhibit "A", are part of this: contract. apply: 1. For the PURPOSES OF THIS CON'T'RACT the following definitions shall M, Project Manngo.r: 1hr party rusp,nr•iblc for, huL whose rc.ponsibilt.ty is not limited to the following: Contracting, monitoring and implementing the project. b. Construction Rid Package: A description of specific plans and specifications for a construction project including applicable federal 'regulations. C. Director: The Director of the County of Orange Environmental Management Agency. d. I:eimbursable Basis: The procedure by which the COUNTY will reimburse the CITY for expenses incurred related to subject project. 2. It is understood that the CITY is solely responsible for implementation of the project(s), described herein as: Public Facilities and Improvements: The replacement and reconstruction of Los Rios Street from Ramos Street to Verdugo Street. (See Map Exhibit 1:). This will include a new street section and storm drain facility. The COUNTY shall consider this contract terminated in the event that this: project fails to begin on or before March, 1980. Reconstruction is anticipated by June, 1980. 3. This contract provides that the CITY: a. Shall submit to COUNTY a complete doscri.pti.on of the project(s) proposed to be conducted by CITY hereunder, including; detailed estimated costs thereof. Said project(s) description and any amendments thereto shall be submitted to and approved by the, COUNTY, prior to commencement by CITY of such project. COUNTY shall not be liable for any costs which exceed said estimated project(s) costs. b. Agrees to act as Project Manager for said project(s) and to submit any and all contracts funded through this agreement to COUNTY for review prior to award of such contracts by CITY. C. Agrees and acknowledges responsibility for the design of projects funded under this: contract. d. Shall submit a construction hid packng,e to COUNTY for review prior to advertising for construction bids rrl.tling to contracts to he funded �I �� thrrnip,lt this contract. or prior to award of nuch contracts If no bid:; are involved. CITY shall construct project in accordance with construction bid package unless prior approval is received from COUNTY for deviation therefrom. C. Agrees that all work shall be in accordance with CITY's governing building and safety codes. f. Shall maintain accounting records, official files, and other evidence pertaining to costs incurred pursuant to all applicable {IUD regulations, and all of these shall be accessible for the purpose of making surveys, audits and examinations by duly authorized representatives of COUNTY or HUD. These records shall be kept available at CITY'S office during the contract period and thereafter for three (3) years from the date of final payment of HUD Community Development Block Grant funds. g. Agrees that the project developed under this program must be re- tained for Community Development purposes as defined by applicable HUD provisions and at a level of operations and maintenance adequate to insure maximum utilization of the project by low and moderate income families. h. Agrees that the Director, shall evaluate the CITY's progress in complying with the terms of this contract six months after the execution thereof, and each six months thereafter. CITY shall cooperate fully in such evaluation. The Director, shall report the finding of each evaluation to the City Council of CITY and the 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 terminate the contract or withhold further funding on the project pending resolution of the unsatisfactory conditions. In addition, the Board of Supervisors may require reimbursement of any funds that are determined by such body to he improperly expended or not expended on the project in a timely manner. I. Agrees that if it is suhsrquontly determined by COUNTY or HUD that said funds were not expended in compliance with the federal laws and reg- uInt.ions, CITY will refund to COUNTY snch sump: which wl ri improperly expondod. j, Will assume responsibility for thr California Environmental Quality Act requirements and will provide COUNTY with necessary information to comply with the National Environmental Policy Act. 4. Project Funding: tl. The estimated cost of the project covered by this .agreement is: Land Acquisition $ 0 Design $ 0 Construction $60,000.00 (Sixty Thousand Dollars and no/100). TOTAL. $60,000.00 (Sixty Thousand Dollars and no/100). b. Based on the above estimate, this project will be financed as f of lows : Block Grant Funds $35,000.00 (Thirty -Five Thousand Dollars and no/100). County Funds $ 0 City Funds $25,000.00 (Twenty -Five Thousand Dollars and no/100). TOTAL $60,000.00 (Sixty Thousand Dollars and no/1.00). C. Payment by the COUNTY'to the CITY shall be on a reimbursable basis unless: the CITY has been authorized and issued cash advances by COUNTY under this agreement. d. Cash advances requested by the CITY under this agreement shall be made by the COUNTY to the CITY if the following conditions are met: (1) The CITY has demonstrated to the Director through certifica- tion in a form prescribed by the Director and subsequently through performance, its willingness and ability to establish procedures that will minimize the time elapsing betwccn the transfer of funds to .it and its disbursement of such funds. (2) The CITY certifies: to the Di. rector, that the CITY's Ctn.inrLcl r.ins;;�^,rrn�:t .:.f em MoWn tier craminrd!; f.,T control and accnuntahil,lry prescribed in Office of Management and Budy;et Circular No. A-102. (3) The CITY complies with the cash advance procedures as shall be required by the Financial Procedures of the. (lousing and Community Development Division of Orange County f:nvironmental Management Agency (hereinafter EMA). If, subsequently, the CITY is found to be in non-compliance with the above, the CITY shall be paid only on the aforementioned reimbursable basis and, if necessary, agrees to reimburse the COUNTY for any monetary damages the COUNTY may incur for the CITY's non -compliance - e. Reimbursable basis payments, as referred to in section 4.c. above, and/or cash advances described in 4.d. above, will be made in a&cordance with the financial procedures as shall be required by EMA. In the event of conflict between said 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. Neither COUNTY nor any officer nor employee thereof shall be respon- sible for any damage or liability 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. It is also understood and agreed that, pursuant to Covernment Cade Section 895.4, CITY shall fully indemnify, defend and hold COUNTY harmless from any liability imposed for injury (as defined by Gover.nmen; Code. stiction (110.8) occurring by reason of any action or omission of CITY u"Jer or in connection with any work, authority or jurisdiction delegated to CITY under this contract. G. 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 under or in connection with any work, anthoriLy or jurisdiction not delegated to CITY under this agreement. it is naso understood and agreed that, pursunnL to Covvrnment Code Section 895.4 COUNTY shall fully i.ndomnify, defend and hold CITY harmless from any liability imposed for injury (as defined by 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 not delegated by CITY under this agreement. 7. In the event of CITY's failure to comply with the provisions of this Contract, COUNTY may withhold funds and/or allocate funds to another activity considered by the COUNTY to be in compliance with the Act. /// 11 21 3 ,1 J 6 71 11 ! 12 13� 14 15 16 17 16 19 20 21 22 � l3 2.1 �I 25 CITY has caused this contract to be executed by its Mayor and attested by its Clerk and CWN—.Y h.u; cruised this contract to be executed by Lhc Ch;)irnln of the Board or Snpervisors anal attcstcd by its Cl.erk, 111 having been (It I] authors zcd by ncc City Council of CIT'i .111,1 L I w Or;IT)gC County lioard of Supervisors U;iLed :—Nov efliht'l 7, 1.979 A" TEST: t i City CIeik` bICN1:1) AN'D CERTlI'1I:i) TIIA'I.A COPY OP THIS DOCU.Xl:,;'1' HAS M11111, Di:i,]v14:ISU '1'0 'illi: CHAIR I,VOF 'fill' i"OAItD. a Jll:"I f: ALh:}:Aivl)e:K Clark. of it,c fivard o; Supervi Sors of Or; n);c County, C:tliturniI APPROVED AS TU P(uUl A1WIAN Kt I Pl. R, ('aunty Co unser ORANk;F CiiUN'1'Y', CIT'f OF San .loan Capistrano fiv FRIESS, MAYOR COUNTY OF ORANGE, a politi_ca1 subdivision of the State of California C lviip7.r T{of the Boar4-jKf Supervisors COUNTY APPROVi:0 AS TO B'oRM ,) ..l .A I � 27 or:nZAxl; ,.tloR.NhY 26 ( )� .. �t�r•� -ill � \ �_ subcontract for work in connection with the project and will at the direction of the applicant for or recipient of Federal financial assistance, take ap- propriate action pursuant to the subcontract upon a finding that the subcon- tract is in violation of regulations issued by the Secretary of Housing and Urban Development, 24 CFR 135. The contractor will not subcontract with any subcontractor where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR 135 and will not let any subcontract unless the subcontractor has first provided it with a preliminary statement of ability to comply with the requirements of these regulations." 5, "Compliance with the provisions of Section 3, the regula- tions set forth in 24 CFR 135, and all applicable rules and orders of the Departnent issued thereunder prior to the execution of the contract, shall be a condition of the Federal financial assistance provided to the project, bin3i.ng upon the applicant or recipient for such assistance, its successors, and assigns. Failure to fulfil these requirements shall subject the applicant or recipient, its contractors and subcontractors, its successors, and assigns to those sanctions specified by the grant or loan agreement or contract through which Federal assistance is provided, and to .such sanctions as are specified by 24 CFR 135." (Source: Vol. 38, No. 203, 24 CFR 135.20) 6. "During the performance of this contract, the contractor agrees as follows: a. 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 are treated during employment, without regard to their race, color, religion, sex or national origin. Such action shall include, but not limited to the following: Employment, upgrading, demotion or transfer, recruitment or recruitment advertising; layoff or termination; F.X,HIRIT "A" SPECIAL PROVISIONS 1 Rased upon the requirement of the rules and regulations of the '-lousing and Community 2 Development Program, Executive Order No. 11246 and Federal Management Circular 74-4 3 and 74-7, the following provisions must be included in all contracts paid for in 4 whole or in part from H/CD funds as indicated. 5 A. The foilowin^ must be included in all contracts and subcontracts: 6 1. "The work to be performed under this contract is on a protect 7 assisted under a program providing direct Federal financial assistance from the 8 Department of Housing and Urban Development and is subject to the requirements 9 of Section 3 of the Housing and Urban Development Act of 1968, as amended 10 12 U.b.C. 1701u. Section 3 requires that to the greatest extent feasible oppor.- 11 tunities for training and employment be given lower income residents of the 12 Droject area and contracts for work in connection with the project be awarded 13 to business concerns which are located in or owned in substantial part by 14 persons residing in the area of the project." 15 2. "The parties to this contract will comply with the provisions 16 of said Section 3 and the regulations issued pursuant thereto by the Secretary 17 of Housing and Urban Development set forth in 24 CFR 135, and all applicable 18 rules and orders of the Department issued thereunder prior to the execution 19 of this contract. The parties to this contract certify and agree that they 20 are under no contractual or other disability which would prevent them from 21 complying with these requirements." 22 3. "The contractor will send to each labor organization or repre- 23 sentative of workers with which he has a collective bargaining agreement or 24 other contract or understanding, if any, a notice advising the said labor 25 organization or workers' representative of his commitments under this Section 26 3 clause and shall post copies of the notice in conspicuous places, available 27 to employees and applicants for employment or, training. 28 4. "The contractor will include this Section 3 clause in every Page 1 of 16 or in part and the contractor may be declared incligble for further Government contacts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of Sentember 24, 1965, or by rule, regulation, or order of the Secretary o;: Labor or as otherwise provided by law. g. The contractor will include all the provisions of para- graphs (a) through (g) in every subcontract or purchase order unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such pro- visions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the Departnent may direct as a means of enforcing such provisions including sanctions for noncompliance; Provided, however, that in the event the 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 interests of the United States." (Source: Executive Order 11246, Part II, Subpart B Section 202) 7. Non -Discrimination The contractor, in any activity directly or indirectly financed under this contract, shall comply with: a. Title VI of the Civil Rights Act of 1964 (Pub. L. 88-352), and the regulations issued pursuant thereto (24 CFR Part 1), which provides that no person in the United States shall on the grounds 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 contractor receives Federal financial assistance and will rates of pay or other forms of compensation; and selection for training, in- cluding apprenticeship. -he contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimin- ation clause. b. The contractor will., in all solicitations or advertise- ments 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. C. The contractor will send to each labor union or represen- tative of workers with which he has a collective bargaining agreement or other contract or understanding a notice to be provided by the Department's contracting officer, advising the labor union or worker's representative of the contractor's commitments 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. d. 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. e. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations and orders 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. f. In the event of the contractor's non-compliance 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 Page 3 of. 16 contract." (Source H/CD FundinS Agreement "Io. 11 and F.R. Vol. 43, No. 41, 570.307 (P)) 9. For all ne;otiated contracts the grantee, the Federal ;raptor agency, the Controller General of the united States or any of their duly author- ized representatives, shall have access to any hooks, documents, papers and records of the contractor which are directly pertinent to a specific grant pro- gram for the purpose of making audit, examination, excerpts and transcriptions. (Source: Federal Management Circular 74-7 Appendix 0 (9i)) 10. In the event that any of the provisions of this contract are violated by the contractor or by any of his subcontractors, COUNTY may serve written notice upon the contractor and the Surety if any of its intention to terminate the contract, such notices to contain the reasons for such intention to terminate the contract and unless within ten (10) days after the serving of such noticP. upon contractor, such violations or delay shall cease and satisfac- tory arrangement or correction be made, the contract shall, upon the expira- ation of said ten (10) days, cease and terminate. in the event of any such termination, COUTITY shall immediately serve notice thereof upon the Surety and the contractor and the Surety shall have the right to take over and per- form the contract; provided, however, that if the Surety does not commence performance thereof within ten (10) days from the date of the mailing to such Surety of notice of termination, the COUNTY may take over the work and prose- cute the same to completion by contract at the expense of the contractor, and the contractor and his Surety shall be liable to the COUNTY for any excess cost occasioned by the COUNTY thereby and in.such event the COUNTY take pos- session of and utilize in completing the work, such materials, appliances and plant as may be on the site of ,the work and necessary therefore. (Source: Orange County Housing and Community..Development) B. The following,_ must be included in all contracts or subcontracts immediately take any measures necessary to effectuate this assurance. If any real property or structure thereon is provided or improved with the- aid heaid 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. b. Title. VIII of the Civil Rights Act of 1963 (Pub. L. 90-2_84), as amended, administering all programs and activities relating to Housing and Community Development in a manner to affirmatively further fair housing in the sale or rental of housing, the financing of housing, and the provision of brokerage services. c. Section 109 of the ?lousing and Community Development Act of 1974. and the regulations issued pursuant thereto (24 CFR Part 570.601), 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 the Part. d. Executive Order 11063 on equal opportunity in housing and nondiscrimination in the sale or rental of housing built with Federal assistance. (Source: F.R. Vol 43, No. 41, Part 570.307 (L1-4)) S. "No member, officer, or employee of the city or county 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 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 or subcontract or the proceeds thereof, for work to be performed in connection with the program assisted under this Page 5 of 16 or subcontract is not listed on rhe List of Violating Facilities issued by the Environmental Protection Agency (V.PA) pursuant to 4n CFn, 15.2(). b. Agreea-,ent by the contractor to comply with all the requirements of Section 114 of the Clean Air Act, as amended (42USC 1357c-0) and Section 303 of the Federal Water Pollution Control Act, as amended, (33USC 1318) relating to inspection, monitoring, entry, reports, and information, as well as all otl.er requirements specified in said Section 114 and Section 308, and all regulations and guidelines issued thereunder. C. 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 that office, that a facility utilized or to be utilized for the contract is under consider- ation to be listed on the 5"A list of Violating Facilities. d. Agreement by the ,ontractor that he will include or cause to be included the criteria and requirements in paragraph (a.) through (d.) of this section in every nonexempt subcontract and requiring that the contractor will take such action as the Government may direct as a means en- forcing sucli provisions. (Source: H/CD Funding Agreement No. 6) 5. In all contracts for construction in excess of S1on,000, grantees shall observe at least the minimum bonding requirements as follows: a. A bid guarantee from each bidder equivalent to five percent of the bid price. The "bid guarantee" shall consist of a firm com- mitment such as a bid bond, certified check, or other negotiable instrument accompanying a bid as assurance that the bidder will, upon acceptance of his bid, execute such contractual documents as may be required within the time specified. b. A performance bond on the part of the contractor for 100 percent of the contract price. A "performance bond" is one executed in for construe^_inn or construction -like projects (e.g. rehabilitation, street repair): 1. .All the provisions under Section "A" above. 2. The construction or rehabilitation of residential structure with assistance provided under this Contract is subject to the '.IUD Lead -Ease Paint regulations, 2!. CFR Part 35. Any grants or loans made for the rehabili- tation 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 B of said regulations and the contractor shall he responsible for the. inspections and certifications required under Section 35.14(f) thereof. (Source: H/CD Funding Agreement No. 5 and 24 CFR Part 35) 3. Accessibility/usability of Facilities and Buildings for Physically Handicapped The contractor, 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 Federal Block Grant Program to comply with the "American Standard Specifications for Making Buildings and Facilities Acces- sible to, and Usable by, the Physically Handicapped," Number A -117.1-R 1971, subject to the exceptions contained in 41 CFR 101-19.504. The contractor will be responsible for compliance with these specifications and to insure compli- ance by any subcontractor (Source: F.R. Vol. 43, No. 41, Part 570.307 (K)) 4. The contractor shall cause or require to be inserted in full in all nonexempt contracts or subcontracts for work furnished in whole or in part by the grant contracts, the following requirements (contracts, subcontracts and subloans not exceeding $100,000 are exempt from this party): a. A stipulation by the contractor or subcontractors that any facility to be utilized in the performance of any non-exempt contracts Page 7 of 16 10 11 12 13 14 15 16 17 18 1s 20 211 22 23 24 25 26 27 28 9 LJ apprentices and trainees to journeymen: Provided, that if wage rates higher than those required carder such regulation+; are i11posed by state or local law, nothing hereunder is intended to relieve the contractor of its obligation, if any, to require pavment of the higher rates. The contractor shall cause or require to be inserted in full, in all such contracts subject to such regula- tions, provisions meeting the requirements of Federal Labor Standard Provision 29 CFR 5.5 and, for such contracts in excess of Slo,nn0 29 CF? 5a.3" (Source: H/CD Funding Agreement No. 7 and 29 CFP, Parts 3 and 5) B. For all contracts over Ten Thousand Dollars and no/100 (510,000.00): a. The contractor shall comply with the construction con- tractors Affirmative Action Requirements as prescribed as in Q CFR Part 60-4 inclusive. b. Government contracts. Except as otherwise pro-ided, each contracting agency shall include the following equal opportunity clause contained in Section 202 of the order in in each of its Government contracts (and modifications thereof if not included in the original contract.): 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 are treated during employ- ment, 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 or 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 counection with a contract to secure fulfillment of all the contractor's obligations under such contract. C. A payment bond oil the part of the contractor for loo percent of the contract price. A "payment bond" is one executed i.r, connection with a contract to assure payment as required by 1a:a of all persons supplying labor and material in the execution of the work provided for in the contract. (Source: Federal Management Circular 74-1 Appendix E) 6. ";his contract is subject to the requirements of the Flood Disaster Protection Act of 1973 (P. L. 93-•234). Pio 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 inden- tified 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 na ional 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." (Source: H/CD Funding Agreement No. 3 and F.R. Vol. 43, :7o. 41, 570.307 (j)) 7. "Except with respect to the rehabilitation of residential property designed for residential use for less than eight families, all con- tractors engaged under contracts in excess of $2,000 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 :IUD requirements pertaining to such contracts and the applicable requirements. -- of the regulations of the Department of Labor under. 29, CFR Parts. 3,,.(Copeland .,. Act) 5a, (Davis -Bacon Act) governing the payment of wages and the ratio of 1 2 3 4 5 6 7 8 9 10� 11) 12 13 14 15 16 17 18 .191 20 21 22 23 24 25 26 27 28 i • and reuedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (7) The contractor will include the provisions of para- graphs (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 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 contracting agency may direct as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the contracting agency, the contractor may request the United States to enter into such liti- gation to protect the interests of the United States. C. Federally assisted construction contracts. (1) Except as otherwise provided, each administering agency shall require the inclusion of the following language as a condition of any grant, contract, loan, insurance, or guarantee involving federally assisted construction which is not exempt from the requirements of the equal opportunity clause: The applicant hereby agrees that it will incor- porate or cause to be incorporated into any contract for construction work, or modification thereof, as defined in the regulations of the Secretary of Labor at 41 CFR Chapter 60, which is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan, insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, li employment, notices to he provided by the contracting officer setting forth 2 the provisions of this non-discrimination clause. 31 (2) The contractor will, in all solicitations or'adver- I 4 ti.sements for employees placed by or on behalf of the contractor, state that 5 all qualified applicants will receive consideration for employment without 6 regard to race, color, religion, sex, or national origin. I 7 (3) The contractor will send to each labor union or 8 representative of workers with which he has a collective bargaining agree- 9� ment or other contract or understanding, a notice to be provided by the 10) agency contracting, officer, advising the labor union or workers' represen- 11 ( tative of the contractor's commitments under Section 202 of Executive Order 12 ( 11246 of September 24, 1965, and shall post copies of the notice in conspic- 13 i uous places available to employees and applicants for employment. 14 (4) The contractor will comply with all provisions 15 of Executive Order 11246 of September 24, 1965, and of the rules, regulations, 16 and relevant orders of the Secretary of Labor. 17 (5) The contractor will furnish all information and 18 reports required by Executive Order 11246 of September 24, 1965, and by the 19 rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, 20 and will permit access to his books, records, and accounts by the contracting 21 agency and the Secretary of Labor for purposes of investigation to ascertain 22 compliance with such rules, regulations and orders. 23 (6) In the event of the contractor's noncompliance with 24 the nondiscrimination clauses of this contract or with any of such rules, 25 regulations, or orders, this contract nay be canceled, terminated or suspended 26 in whole or in part and the contractor may be declared ineligible for further. 27 Government contracts in accordance with procedures authorized in Executive 28 Order 11246 of September 24, 1965, and such other sanctions may be imposed 11 of 1.6 (5) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of. the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the a,lmini.ster- ing agency ani the Secretary of Labor for purposes of investigation to ascer- tain compliance with such rules, regulations, and others. (6) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said 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 contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, 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) 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 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 administering agency 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 airesult of such direction by the administering agency the contractor may request the. United States to enter into such liti- gation to protect the interests of the United States. 1I loan, insurance, or guarantee, the following equal opportunity clause: 2I During the performance of this contract, the 3 contractor agrees as follows: 4 (1) The contractor will not discriminate against any 5 employee or applicant for employment because of race, color, religion, sex, 6 or national origin. The contractor will take affirmative action to ensure 7 that applicants are employed, and twat employees are treated during employ - 8 ment without regard to their race, color, religion, sex, or national origin. 9 Such action shall include, but not be limited to the following: Employment, 10 upgrading, demotion, or transfer, recruitment or recruitment advertising, 11 layoff or termination, rates of pay or other forms of compensation, and 12 selection for trainisn„ including apprenticeship. The contractor agrees to 13 post in conspicuons places, available to employees and applicants for employ - 14 ment, notices to be provided setting forth the provisions of this nondiscrim- 15 ination clause. 16 (2) The contractor will in all solicitations'or adver- 17 tisements for employees placed by or on behalf of contractor, state that all 18 qualified applicants will receive consideration for employment without regard 19 to race, color, religion, sex, or national origin. 20 (3) The contractor will send to each labor union or 21 representative of workers with which he has a collective bargaining agreement 22 I or other contract or understanding, a notice to be provided advising the said 23 labor union or workers' representatives of the contractor's commitments under 24 this section, and shall post copies of the notice in conspicuous places avail - 25 able to employees and applicants for employment. 26 (4) The contractor will comply with all-provisions-of-- 271 ll-provisions of27 Executive Order 11246 of September 24,,196ti; and,of-the rules,.,regv atipns,,,,. 28i and relevant orders of the Secretary of Labor. W extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received .`rum such applicant; and refer the case to the Department of Justice for appropriate legal proceedings. (Source 41 CF:rt Part 60-1.4a and 1.4b and 4) 9. 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 words appear. (Source: Orange,County Counsel) 10. Include the "Federal Labor Standards Provisions" (HUD -4010). 11. Note Federal Management Circular 74-7 has been replaced with Office of Management and Budget (0:713) A-102. AP:dec1160(9) Page 16 of 1.6 I 2 4 5 6 7i 8 9 10 11 12 13 14 15 16 171 18 : 19 20 21 22 23 24 25 26 27 28 I The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment prac- tices when it participates in federally assisted constriction work. Provided, that if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumen- tality or''subdivision of such government which does not participate in work on or under the contract. The applicant agrees that it will assist and co- operate actively with the administering agency 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 administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. The applicant 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, dr who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Fxecutive order and will carry out such sanctions and penalities for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the adminis- tering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings the administering agency may take any or all of following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, .inrurance,.,guarantee); refrain from I) Page 15 of 16 Agency or Public Body may consider'necessai-y to pay such laborers or mechanics the full account of wanes required by this Contract. The amount so withheld may be disbursed by the Local Public Agency or Public Body, for and on acccunt of the Contractor or the subcontractor (as may be arrropriate), to the respective laborers or mechanics to whom the sar:e is due or on their behalf to plans, funds, or programs for any tylo of fringe benefit prescribed in the applicable wage determination. 4. l 1ICIPATEI) COSTS OF IRINGE BENEFITS^ If the Contractor does not make payments to a trustee or other third person, he may consider as part of the wa.--es of any laborer or mechanic the a„ount of any costs reasonably anticipated in providing frinGe benefits under a plan or program of a type expressly listed in the :.age detezu)ination decision of the Secretary of Labor which is a pert of this Contract: Provided, however, the Secretary of Labor has found, upon the written request of the Contractor, that the applicable star_czrds of the Davis -Bacon Act have been met. The Secretary of Labor may require the Contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. A copy of any fi-:dings made by the Secretary of Labor in respect to fringe benefits being_ provided by the Contractor must be submitted to the Local Public Ad ._cy or Public Body with the first payroll filed by the'Contractor suLsec-:ent to receipt of the findings. 5. C ED-DiF, M- T ENSATION REQUIRM BY CONTRACT WORK HOURS AND SAF: rY S711,I)ARDS ACT (76 Stat. 357-360: Title 40 U.S.C., Sections 327- 332) (a) Overtime requirements_. No Contractor or subcontractor contracting for any part of the Contract work which may require or involve the employment of laborers or mechanics, including watchmen and a 3s, shall require or permit any laborer or mechanic in any wo:rreek in which he is employed on such work to work in excess of 8 hours i -n any calendar day or in excess of 40 hours in such work week unless such laborer or mechanic receives compensation at a rate not less thaz one and one-half times his basic rate of pay for all hours worked in excess of 8 hours in any calendar day or in excess of 40 hours in such work week, as the case may be. (b) Violation: liability for unpaid wages liquidated damages. In the event of any violation of the clause set forth in paragraph (a), the Ccntractor and any subcontractor responsible therefor shall be liable to any affected employee for his unpaid wages. In addition, such Contractor and subcontractor shall be liable to the United States for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic employed in violations of the clause set forth in paragraph (a), in the sum of $10 for each calendar day on which such employee was required or permitted to work Page 2 of 13 Pages HUD -4010 (2.76) s HUD -4010 (7.16) U.S. DEPARTMENT OF HOUSING AND URPAt1 DEVELOPMENT COMNIUNITY DEVELOPMENT BLOCK.GRANT PROGRAM FEDERAL. LABOR STANDARDS PROVISIONS 1. APPLICABILITY The Project or Program to which the work covered by this Contract pertains is being assisted by the United States of America and the following Federal Labor Standards Provisions are included in this Contract pursuant to the provisions applicable to such Federal assist- ance. 2. MTJT'7`RD1 WAGE RATES FOR LABORERS A1TD 1Trr"CHANICS All laborers and mechanics employed upon the work covered by this Contract shall be paid unconditi.ona'lly and not less often than once each week, and without subsequent deduction or rebate on any account (except such payroll deductions as are made mandatory by law and such other payroll deductions as are permitted by the applicable regula- tions issued by the Secretary of Labor, United Staten Department of Labor, pursuant to the Anti -Kickback Act hereinafter identified), the full amount due at time of payment computed at wage rates not less than those contained in the wag determination decision of said Secretary of Labor (a copy of which is attached and herein incorporated by reference), regardless of any contractual relationship which may be alleged to exist between the Contractor or any subcontractor and such laborers and mechanics. All laborers and mechanics employed upon such work shall be paid in cash, except that payment may be by check if the employer provides or secures satisfactory facilities approved by -he Local Public Agency or. Public Body for the cashing of the same without cost or expense to the employee. For the purpose of this clause, contributions made or costs reasonably anticipated under Section 1 (b) (2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of Section. 5,5(a)(1)(iv) of Title 29, Code of Federal Regulations. Also for the purpose of this clause, regular contribu- tions made or costs incurred for more than a weekly period under plans, funds, or programs, but covering the particular weekly period, are deemed to be constructively made or incurred during such weekly period. 3. UNDERPAYMENTS OF WAGES OR SALARIES In case of underpayment of wages by the Contractor or by any subcontractor to laLorers or mechanics employed by the Contractor or subcontractor upon the work covered by this Contract, the Local Public Agency or Public Body in addition to such other rights as may be afford- ed it under this Contract shall withhold from the Contractor, out of any payment's due the Contractor, so much thereof as the Local Public, . Page L of 13 Pages I ..., . furnish to the contracting officer or a representative of the Wage -Hour Division of the U. S. Department of Labor written evidence of the registration of his prog:ram and apprentices as well as the appropriate ratios and wage rates (expressed in percentages of the journeyman hourly rates), for the area of construction prior to using any apprentices on the contract work. The wage rate paid apprentices shall be not less than the appropriate percentage of the journeyman's rate contained in the applicable wage determination.- b. etermination. b. Trainees_. Except as provided in 29 CFR 5.15 trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification, by the U. S. Department of Labor, Hanpower Administration, Bureau of Appren- tice and Training. The ratio of trainees to journeymen shall not be greater than permitted under the plan approved by the Bureau of ,Apprenticeship and Training. Every trainee must be paid at not less than the rate specified in the approved pro- gra= for his level of progress. Any employee listed on the payroll at a trainee rate who is not registered and partici- pating in a training plan approved by the Bureau of Apprentice- ship and Training shall be paid not less than the wage rate determined by the Secretary of Labor for the classification of work he actually performed. The contractor or subcontractor will be required to furnish the contracting officer or a repre- sentative of the Wage -Hour Division of the U. S. Department of Labor written evidence of the certification of his program, the registration of the trainees, and the ratios and wage rates prescribed in that program. In the event the Bureau of Apprenticeship and Training withdraws approval of a train- ing program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined' rate for the work performed until an acceptable program is approved. C. Boual 'plo.,ment Opportunity. The utilization of apprentices, trainees and jo::.rr:eymen under this part shall be in conformity with the equal employment opportunity requirements of 1•cecutive Order 11216, as amended, and 29 CFR Part 30. Paee 4 of 13 Yagcs - -- HUDA010 (746) in excess of 8 hours or in excess of the standard workweek of 40 hours without payment of the overtime wages required by the clause set forth in paragraph (a). (c) witnholdint, for liouidated damages. The Local Public Arency or Public Body shall withhold or cause to be withheld, from any moneys payable on account of work performed by t1:e Contractor or subcontractor, such sums as may administratively be determined to be necessazy to satisfy any liabilities of such Contractor or subcontractor for liqui- dated damages as provided in the clause set forth in paragraph (b). (d) Subcontracts. The Contractor shall insert in any subcontracts the clauses set forth in paragraphs (a), (b), and (c) of this Section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts which they may enter into, together with a clause requiring this insertion in any further subcontracts that may in turn be made. G. 'EMPLO3iD EIU Cr A.PPRE?MCES/TP.AINMS a. Apprentices will be permitted to work at less than the prede- termined rate for the work they performed when they are em- ployed and individually registered in a bona fide apprentice- ship program registered with the U. S. Department of Labor, Manpower Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen in any craft classi- fi.cati_on shall not be greater than the ratio permitted to the contractor as to his entire work force under the registered program. Any employee listed on a payroll at an apprentice wage rate, who is not a trainee as defined in subdivision (b)- of this subparagraph or is not registered or otherwise ea_'_oy4 as stated above, shall be paid the wage rate determined by the Secretary of Labor for the classification of work he actually performed. The contractor or subcontractor will be required to Page 3 of 13 Pages HUD•.010 (2.76) 11. POSTISG WAGE DETM-11INATION DECIS2_0 S AND AUTEORIZED WAGE D:_UCTIOIiS The applicable wage poster of the Secretary of Labor, United States Department of Labor, and the applicable waGe determination decisions of said Secretary of Labor with respect to the various classification of laborers and mechanics employed and tc be employed upon the work covered by this Contract, and a statement showing all deductions, if any, in accordance with the provisions of this Contract, to be made from wages actually ee,_ned by persons so employed or to be employed in such classi- fications, shall be posted at appropriate conspicuous points at the site of the work. 12. MMPLAINTS, PROCEEMGS, OR TESTIMONY BY EV1PLOYEES No laborer or mechanic to whom the wage, salary, or other le_bor standards provisions of this Contract are applicable shall be discharged or in any other manner discriminated against by the Contractor or any subcontractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards appli- cable under this Contract to his employer. 13. CLAIMS AND DISPUTES PERTAINING TO WAGE RATES Claims and disputes pertaining to wage rates or to classifications of laborers and mechanics employee upon the work covered by this Contract shall be promptly reported by the Contractor in writing to the Local Public Agency or Public Body for referral by the latter through the Secretary of Housing and Urban Development to the Secretary of Labor, United States Department of Labor, whose decision shall be final with respect thereto. 14. QUESTIONS CONCERNING CERTAIN FEDERAL STATUTES AND REGULATIONS All questions arising under this Contract which relate to the application or interpretation of (a) the aforesaid Anti Kickback Act, (b) the Contract Work Hours and Safety Standards Art, (c) the aforesaid Davis -Bacon Act, (d) the regulations issued by the Secreta_*y of Labor, United States Department of %bor, pursuant to said Acts, or (e) the labor standards provisions of any other pertinent Federal statute, shall be referred, through the Local Public Agency or Public Body and the Secretary of Housing and Urban Development, to the Secretary of Labor, United States Department of Labor, for said Secretary's appropriate ruling or interpretation which shall be authoritative and may be relied upon for the purposes of this Contract. lj'. PAYROLLS AND BASIC PAYROLL RECORDS OF CONTRACTOR ANA SUBCONTRACTORS The Contractor and each subcontractor shall prepare his payrolls -. on forms satisfactory to and in accordance with instructions to be Pare.6 of 13 Pages I HU J-ao 10'(2- 76) %. EhTTLOYT�MNT OF ClUITAIN PERSONS PROHIBITED No person under the age of sixteen years and no person who, at the time, is serving sentence in a penal or correctional institution shall be employed on the work covered by this Contract. 8. REGULATIONS PURSUAMP TO SO-CALLED "ANTI -KICKBACK ACT" The Contractor shall comply with the applicable regulations (a copy of which is attached and herein incorporated by reference) of the Secretary of Labor, United States Department of Labor, made pursuant to the -so-called "Anti -Kickback Act" of June 13, 1934 (48 Stat. 948: 62 Stat. 862; Title U.S.C., Section 874: and Title 40 U.S.C., Section 276c), and any amendments or modifications thereof, shall cause appropriate provisions to be inserted in subcontracts to insure compliance therewith by all subcontractors subject thereto, and shall be responsible for the submission of affidavits required by subcontractors thereunder, except as said Secretary of Labor may specifically provide for reasonable limitations, variations, tolerances, and exemptions from the require- ments thereof. 9. Eh1PL0Yi4EI3T OF LABORERS OR MECHANICS NOT LISTED IN AFORESAID WAGE DETERMINATION DECISION ` Any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the Contract will be classified or reclassified conformably to the wage determination by the Local Public Agency or Public Body, and a report of the action taken shall be submitted by the Local Public Agency or Public Body, through the Secretary of Housing and Urban Development, to the Secretary of Labor, United States Department of Labor. In the event the interested parties cannot.agree on the proper classification or reclassification of a particular class of laborers and mechanics to be used, the question accompanied by the recommendation of the Local Public Agency or Public .Body shall be referred, through the Secretary of Housing and Urban Development, to the Secretary of Labor for final determination. 10. FRINGE BENEFITS NOT EXPRESSED AS HOURLY WAGE RATES The Local Public Agency or Public Body shall require, whenever the ninimum wage rate prescribed in the Contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly wage rate and the Contractor is obligated to pay cash equivalent of sucl: a fringe benefit, an hourly cash equivalent thereof to be established. In the event the interested parties .cannot agree upon a cash equivalent of the fringe benefit, the question, accompanied by the recommendation of the Local Public Agency or Public Bcdy, shall be referred, through the Secretary of. Housing and Urban Development, to the Secretary of Labor for determination. .Page5 of 13 Pages 1.; . HUD -4010 (: 75) without the Local Public Agency's or Public Body's prior written approval of the subcontractor. The Local Public Agency or Public Body will not approve any subcontractor for work covered by this Contract who is at the time ineligible under the provisions of any applicable regulations issued by the Secretary of Labor, United States Departrncnt of Labor or the Secretary of Housing and Urban Development, to receive an award of such subcontract. 18. PROVISIOI'S TO BE INCLUDED Iii CERTAIN SUBCONTRACTS The Contractor shall include or cause to be included in each subcontract covering any of the work covered by this Contract, provi— sions which are consistent with these Federal Labor Standards Provisions and also a clause requiring the subcontractors to include such provisions in any lower tier subcontracts which they may enter into, together with a clause requiring such insertion in any further subcontracts that may in turn be made. 19. BREACH OF FvIiWOM FEDERAL LABOR STANDARDS PROVISIONS In addition to the causes for termination of this Contract as herein elsewhere set forth, the Local Public Agency or Public Body reserves the right to terminate this Contract if the Contractor or any subcontractor whose subcontract covers any of the work covered by this Contract shall breach any of these Vederal Labor Standards Provisions. A breach of these Federal Labor Standards Provisions - may also be grounds for debarment as provided by the applicable regulations issued by the Secretary of Labor, United States Department of Labor. Page S of 13 Pages ,_ HUD -401C (2-76) furnished by the Local Public Agency or Public 9ody. The Contractor shall submit weekly to the Local Public Agency or Public Body two certified conies of all payrolls of the Contractor and of the subcon- tractors, it being understood that the Contractor shall be responsible for the submission of copies of payrolls of all subcontractors. Eacli such payroll shall contain the "Weekly Statement of Compliance" set forth in Section 3.3 of Title 29, Code of Federal Regulations. The payrolls and basic payroll records of the Contractor and each subcon- tractor covering all laborers and mechanics employed upon the work covered by this Contract shall be maintained during the course of the work and preserved for a period of 3 years thereafter. Such payrolls and basic pa;,-roll records shall contain the name and address of each such employee, his correct classification, rate of pay (including rates of contri.butlons or costs anticipated of the types described in Section 1(b)(2) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions msade, and actual, wages paid. In addition, whenever the Secretary of Labor has found under Section 5.5(a)(1)(iv) of Title 29, Code of Federal Regulations, that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section 1(b)(2)(B) of the Davis-Bacon Act, the Contractor or subcontractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plaza or program is financially responsible, and that the plan or urogram las been communicated in writing to the laborers or mechanics affected, and- records which show the costs anticipated or the actual cost incurred cued in providing st•oh.benefits. The Contractor and each s�jbcontracto r shall make his employment records with respect to persons e=ployed by him upon the work covered by this Contract available for inspection by authorized representatives of the Secretary of Housing and Urban Development, the Local Public Agency or Public Body, -and the United States Department of Labor. Such representatives shall be permitted to interview employees of the Contractor or of any subcontractor during working hours on the job. 16. SPECIFIC COVERAGE OF CERTAIN TYPES OF WORK BY EMPLOYEES The transporting of materials and supplies to or from the site of the Project or Program to which this Contract pertains by the employees of the Conti actor or of any subcontractor, and the manufacturing or furnishing of materials, articles, supplies, or equipment on the site of the Project or Program to which this Contract pertains by persons employed by the Contractor or by any subcontractor, shall, for the purposes of this Contract, and without limiting the generality of the foregoing provisions of this Contract, be deemed to be work to which these Federal Labor Standards Provisions axe applicable. 17. INELIGIBLE SUBCOINTRACTORS The Contractor shall not subcontract any part of the work covered " by this Contract or permit subcontracted work.to be. further subcontracted Page 7 of 13 Pages ��.�..,: 7 . _ HUD -4C 1: (2.76) H UD -4010.1 (2-76) LJ ATTACHMENT TO FLDFRAL LABOR STANDARDS PROVISIONS SO-CALLED "ANTI -KICKBACK ACT' AND REGULATIONS PROMULGATED PURSUANT THERETO BY THE SECRETARY OF LABOR, UNITED STATES DEPARTMENT OF LABOR TITLE 18. U.S.C., section 874 ( Replaces section 1 of the Act of June 13, 1934 (48 Stat. 948.40 U.S.C., we. 276b) pursuant to the Act of lune 25, 1948, 62 Stat. 862) KICKBACKS FROM PUBLIC WORKS EMPLOYEES U honer. by force, intim idntiva, or ducat of Procuring dismissal firm empieyment, or by any other manner whatso. ,err induc,. an. person renplo,,d in the mrstnu lion. proa-culion, tumpiction or repair of any public building, public work, or building or work -financed in whole or in part by bans or grants from the United `tales, to give up any Part of the mm -I. which be is ental: d nadir bis mntraet of ruldo) meol, shall be fined not more than S5,000 or imprisoned not mor. than Ave years, or both SECTION 2 OF THE ACT OF JUNE 13, 1934, AS MIENDED (48 Stat. 948,62 Stat. 862, 63 Stat. 108,12 Stat, 967,40 U.S.C., sec, 276c) Th, Ffetflaq of labor shall mak, mai�,naldv regulations foc contractors and subcontractors engaged in the construction, pros,cutnon, Pomp letr.u. or ffpal! of public buildings, public work: or buildmcp or works financed in while or in pan by loans of Ysaols from th, Vourd >tatc<, in, ludiug a pru,i>ien 0"t each contractor and -obcontracbr shall Imni'h wrekly a statement with r"pevt to the wages paid r,ch rmfiluyve during the preceding wick. Section 1001 of Title 18 (Lnitrd States Code) shall apply to surhstalemenls. ... XXX ... Prrsuant to the aforesaid Anti -Kickback Act, the Se,retary of Labor, United States Department of labor,has prom il- gated the regulations hereinafter set forth, which regulations arc found in Title 29, Subtitle A, Colle of Federal Remulations, Pit 3. The term "this pan,"as usad in the rep lations berrinafter set forth, refersto Part 31ast above mentioned. Said reg- ulat:w.ns are as follows: TITLE 29 —LABOR Subtitle A — Office of the Secretary of Labor PART 3 --CONTRACTORS AND SUBCONTRACTORS ON PUBLIC BUILDING OR PUBLIC WORK FINANCED IN WHOLE OR IN PART BY LOANS OR GRANTS FROM THE UNITED STATES Section 3.1 Purpose and scope. 7Lis pan prescnbcs "anti -kickback" mgu6tions under section 2 of the Act of June 13, 1934, as amended (40 U.S.C. 2:(ae), popularly know-. as the Cop, land Act. Thi- part applirs to any contract which ie subjen to Fcdrrai wage standards and whi,h is for the ronstrortiun, promartiun, cumplelion, or repair of public buildings, public works or buildings or w.d.s financ,d in whola ur in part b, loans or grants from Ili, I mt,d States. The part is intended to aid in the enforcement of the min in um wage pro,isinns ofthe D,oi, Bacon Act and d,e ,uious statutes dealing with Fedrrallye,si-i ed conAtuclion that nna.m similar nunimum wage pro,i-ion,. including tlm,e In.6,ions which are nut suhjrrt to R,meaniaatwo Plan \o. 14 1 Page 9 of 13 Pages Glib Iloating Art of 1950. 11 1c Prdeed W.if, Poll,It ion Gmlrol Act, and lire II,n.,ing Art of 1959), and+n Ih. enfoteen "A.,I IL<ova'rlimr pn.vi,i..na ul the Is.hdhzrt Fork Itmh rs Art w)o nr„r th" are zppl-. hle it, n:-true("„n work. The part !,I. hthen bligalio..u1cont"r lord artd subwntrarlor;A,life to thew I, lv v:bmi.•inn of etatrment-n'eard ing it,,. wag, s panl o,....rzk co. seed th", b,: ,it forth the eircunelxhh res and prncadures a.,. reing the making of pa. coli dry duclinns ft.”, the wa;p-of tboec employed no such work; and dell..rel,, the mel6ods of pat men( permirvhlc un m"1, w,:rk. - Section 3.2 Definitions• u uuJ in the rEin,Wiunsin this part: (a) rc..fly include nmslrurtion activity as distingoishai from manufacturing. furnishing of malvrials, ,,'cvirinp, end naivten o,, wnrk. T!-, (.-erns include, .. ithout limitation, buildink., structures, and improvanrnls of all tyles, each as Lri, ens, dams, plants, highways, pakwacs, streets, subway S. tunnel, sewers, mains, pow'r e. lines, pumping "talion., rail...... III"! , tannioe!s, docks, piers, wharves, ways, 49,6thlot", Luoys, leitira, Lreakw atrrs, levees, and rfv,A,; J,E4Z ng, shoring, scaffuldior, dulling, Llasting, eceacating• dcam,¢, and landscaping. Unles condoctrd in connection wIII, and at the ate of such a building or work a: is Jescrd,41 in the foregoing srotance, thr manufacture or furnislh- ing of material, nt{cic supplies, or equipment (whether or not a Federal or Stale agency acquires title to such material., articles, supplies, or equipmmm during life course of the manufacture or f ... falling, or own, tire materials from which do I are manufactured or fun.i,hcd) is nor a "building- or -work- within the meaning of the regulations in this pan. .... work done on a particular (L) ❑,r ter ms'mudruennn, pnneeu::nn,""cumplalion;'or ""spur mean all hypes of building or word- al the itr 111, rrof, ineiud in;;, without lirnitatinn, altering, rent.dding. painting and dreoraliug, tLr tranawhrt- ing of matrri.!c I,d ,uppllc s to nr from !Le building or work by the rnq.[.N ccs of the construction not actor or co nA rod Uon huh mor.ctuq and I1,,• ., nof(arioring or fn n,ishing of me teriats, arlislas, supplies, or rl ui pump on the ole of tine building or work, Ly 1• "eons employed at the sl: by dm Contra, lot "e subeontreelor. (c) The terms "puld!e Luiiding" or "puhlic work" include building or work for who>r ennstruetiun, pro:,eculion, eom. plction, or eclair, as defined abo, e, a Fed. pal agency .s a enntraehng party, if gard lets of %her lo, IItle II.errof is in a Federal agency, (d) The term "building or work finaaed in whole or in part by loans or grants from IIle United dales" infind, . Luild- ingor work for w L,,:a- construction, pro s•¢nt ion, couplet imr, or repair, a, defined abot e. pay moot or part payment is made di,viIy or indirectly from -fu or!s I tot a1,d Ly loans or gr an is by a Federal agency. The term dors not ineloff, Luiiding or work fni which Federal a:ist a o cc i. Iim iied bu len to loan g,r uanlees or insure fire. (e) F,,, Ey perms paid by a cc h tumor or suite of, traclor in any manner for his 161, in the construction, pmurution. completion, or eepcir of a public building or if- W;c work or building or work financed in whole or ut part by loans cr grants from the Umt,J States is-empioyrd" and n cc iving "wages "regard It ssof any contractual relationship alleged to aia Let%ecn him and (lie real emplosu, (f) Tl.e term "any affiliated person" inetudes a spouse, child, parent, or other clo,c relative of the contractor or sub- contractor;a perLmr or ufflcr•r ofthe cont rat tnr or subcontractor: a corporation closely connected with the Contractor or aubeomractur as parero, subsidiary or olLrrwiw, and an officer or agent of such eorporalioIf. (g) The term "Federal arenry" means the United States, the District of Columbia, and all eacculi,e deputmenls• in- drptndrnt tslabliAn,cerls, adrninistr..drt 2gnmics, and instrvmtnialili•s of [lie Unitas Slates and of the District of Columbia, including mrnrations, apt or -uh ta,tWly all of lire stock of which is hen"fir ill ly ..,led by the l'nned Stales, by lire Dislnct Of Colum Lia, or env of the fon:gmrtg deparnnents, "Uhlirihmenls, agonaes, and inn: umenlalilies. Section 3.3 Weekly statement with tespecl to payment of wages. (a) Aa .-rd in Iles section, Ile 1, rm "rnyloyee" $1,211 not appiv to if, nom in eta�.ifieatinns higher than that of LLorcr or mechanic and Idhose who are the immrdiale bul.erviWm of such employers. Page 10 of 13 Pages ' MUD -401o.1 (2-76) 0 • (d) Any dadaction .....stunting a contribution on behalf of the 1t rvm employed to funds established by the o..I&I,r or teprr.entatirrsof employees, nr both, for the pruposc of proyidiug richer from principal or income, or both, medical or b .,141 l can•, pro,ions or ao nti6cson retirement, death brnefits, corn pen.vioo for injuries, illness, accidents, sickness, or divlrililc, or for insurance to provde any of the fort -ping, or unenrpinyurent lvnefits, vacation pas, stvin� accounts, or sinub, payments for the bcrti fit of employees, their (am ilirs and Jelendents: Provided, however, That the following standard- are cost: (1)1Lc deduction is nut n@rrrwise pndnblted by law; (2) it is eitheC () Voluntarily consented to by the employee - in writing and in adsanc, of the p-6ori in which the work is to be done and such consent is not a condition either for the oLtaining of or for the continuation of cngdoymeut, or (ii) provided for in a bona fide collective bargaining agreement be- twrrn the rontnctor or suhc.... woor and rrprrvntalires of it. enyployee,; (3) no profit urothvr benefit is nlberwise obtained. directly or indirectly, Ly the contractor .0 subcontractor or any affiliated pervm in the form of eomnrisiun, dividend,or otherwi,e: and (4) the deductions sh:dl Bene the cnnvrrrienee and interest of lire employee. (e) Any deduction con(ribuliugloward the Purch.sc of United Stairs Defense SUmpsand Bondswben voluntarily aulhorired h) the employee. (f) Auv deduction request,J Lv the anpbece to enable him to repay loans to or to purchase shares in credit unions organized and operetrd in aceurdence with Federal and State credit union statutes. (;) :6y deduction vnLurtarilp anthorirrd by tire crupluyac for the making of contributimts to governmental or quad goremmrntxi agencies, sods as the American Red Cross. (b) Us, deduction voluntarily autlLuri ed by the employee for the making of contributions to Commgnity Chests, Oni4,1 Goss Fund:, end simibar harhaLle ogauii,itmra. (i) Any dedw lions to pay ,guLconion initiation fres and membership dues, not including Gnes or special assessments. Pro, id, d, hem er re, That • rulleclire bargaining a-neeurent between the contactor or subcontractor and representatives of its nnpL:v r.> 11 -mi'l's for mole deduction, and the did... tions are not otherwise prohibited by law. V) An, d.-durtimu not more than for the "rrasonaLI, cost "'of board, Indging, or otter facilities meeting the mluire. error, of 3(m) of lire Fav labor Standard. ;let of 1936, as amended, and Part 531 of this line, 11 Iter such a deduction is made the additional ri :.rds rnprired under § 516)27 (a) of this title shall he kept. Section 3.6 Payroll deductions permissible with the approval of the Secretary of Labor. Any contractor or Irbcontractor may apply to the Secrrtan of labor for permission to make any deduction not per- mitted un&r § 7.5. The Sr, reran otav grant permission whenever he finds that: (a) Tire conharim.wLruntrartor,ur any affiliated person does not make a profit or benefit directly or indirectlyfrom the drduelh.n either in the from of a commission, dividend, or otherwise; (h) The deduction is not otherwise prohibited by law; (e) The deduction is either (1) wluntarily consented to by the employee in writing and in advance of the period in which the work is to Ire drnc and suets consent is not a condition eiih,, for the obtaining of rngdovmenl or its continuance, or (2) prodded b•r in a hwa fide rrJhctirr bargaining agreement between the contractor of.ohcr rtractur and re pm-rotzlivesof its employees; and (d) The deduction eves the comeniencei n l interea of the employee. Page 12 of 13 Pages Milo -4010.1 (2-76) (Ir) li:wlu»utraator or tolouit., for cn;agnl io lh,. coalrnctlon, pru.rro(ion, cnmpl,linu, nr rrpa'u all erq puLhc Loilding.o pwldm .kork,or Lmlding or „urk financed in..l.A-or in paI Irr loan. or grout: (ruin Ili" I'uileJ `I nlr., .Iwil funri �, rad. week a.1A with rr,p,rt to the wag,' Laid Cavh of iI, crnplul c, e,ge.%cd un nnrk , c,rcd L. 19 (T I! Palls 3 and i Jurio� Ih.• prc,cJo+g 1.Ck.1, l+ pal roll Ill ri... . TLi:.Isl,'noml .bull Le race tare It, Il,e cnniractor or oto m.. . (raelur or by a,, u.ahur{r.'.I ofli.,'. or roipl"l e, of thv rout silo, or n.Le.onr..rtor who .ol,"i,es lair pile rnrnl of 1. �'-" and .l.all Lroofn+u\'I!3:3•'• t.d. moot o((:ompliancc', or on an id,wicnl furui nn tLchookolidI:!1i,"{'a.roll(Por1'uu- Iraclo.sOpdon.d 1.—) *ar.m anv furor Sample: mpirs of ll'll 317 end l%Il 3 ill wet' Lc aLLrinrd hum the Govcr..urcut mntooAug or sywmraring agowy. .,,it mpicsof dos, forms nuy Le purcha.rd at the Gukermniul inulin, Office. (e) Ili, tcgoir....enla if 11.i.uctinu .Lxll out apply to any co..toel of 52,000 or I,ss. (d) Upon a s ritt'o Gndiug Ll It,, bead of a hederal agrnrv, Ili, Secreta, of I.aLor may pro,idr rca-.mal,le. limitations, luiafiuus, lol,rmwr and rarngdiurs from the sluicemems of 16i, „etiui whj,rl to .uch eooditiuns a, the icer. iary of L.hor may q.ccif) (29 F.11-9S.Jan. 1.1961, a, so,cod,d at 331'.x. 101116,]ul)' 17,19601 Section 3.4 Submission of weekly statements and the preservation and inspection of weekly payroll records wrrkly st:tcnwnl required under § 3.3 dull he dclikrred by the contractor u.uLtoutmctot- 1,ilhio'cern dao after 1Lt u'l;ular p.1 nnvt talc u(tLv pal roll period, to a rcprr,r nlulice of a 1'eJrnd ur Stalr.agcnq in elwr4l at the kite of thr Luildiog or end, or, if th,le i. u.. rvprr.entelive of a Prdcr.d or State aorncy al the rite of the I...Us,%or pork. C., .I at, n.ent A.AI la- mailed La IIt, der It"to, ur snheo., l ra c to n, wit Lin such tiro,, to a Frdcnl or Sla I.— agenn nun, o I o i.;r or finanrinp it,, i'"Adi+q or wud..lfl, auclr evamin.dion and cLrrk a. .... v he mad,, .u. 1. 11a1.wc111, or a copy thereof, sail L, kept a.mI,l.l.- or .hell Lc Irmo; o.:11,d h,,W er sit 1t a alair I of :u.) viuh.liu.., in "Cordaore with applicalde prorador,a prc,trilad I.v the Guited SL.Ira Deparlmrul of I.ahor. (h) lio ach cntractor ur suhtontravtor dull prrsenr Lis wrekly pa. roll rccarda fur a period of l lrcce Iran, from dolt of eonq.l. tion of the contract. TLt payroll records .hall tel out ucunlrlc and enn.pl,t,ly the came and addrva� of earli blooi r and metlunic. Li= ruo, I.3a-sifivaliun, rale of par, daily aid 1.eeklc .....tiller of I...wi wurkrd, deductions riradc, and equal wags paid. Such loo .11 record. ahell Lc mad, availaLlr at all times for imprclion L) the motraeline officer or Iii, authoriod r, prrsenlalile, anal Ly auO..rired reprrscntaliso u( the Deparlmcnt of Lal or. Section 3.5 Fay -roll deductions permissible without application to or approval of the Secretary of Libor. Dtdnc(ioos n.adt uud,r If... circumstances or in the situations Jt:arihcd in the lw.+p tills of Ibis section malht made without applieatiao to and approval of the Srcretar)' of Labor: (a) Ann drdoetion made in run.plianit sigh the reg.urrmcnts of redrral. Stele, or local law, inch as Federal or Sime xii)JmlJing income m%,,,zod Federal social .Scorn) tares. (1.) Any Jcdurtion of sums pre.iu.ely paid to the employe, as a Luna fide prcliaemcot of wage., lahrn such preps rrot is made silhout Ji..oant or illf"Csl. A "Lona fide prcpevmrnl of -ages is rowidemd In Law been made pule whru ca -h or It. e.p.4.d. or Ila- lo -,n adla..cell to Ihr per:. n r ... plo, A in sore. ... Anna as to gile Wilt eumplete frecdo.n of di,I.o,itioo of II., all, nc,J funds. (c) ]u1 it, it,, hoo of .n wuol, it lie court pru,r.a to be paid to omlu I. unlr,a thtdrdurtion k in (.acor of d.c routrartug suhrooron Iur or ant alfdiatcd p, nsrn, ur when tollusiun or tullaLuntion caisls. Page 11 of 13. Pages ) ,. HUD•4e10.1 (2.70) Section 3.7 Applieniions for the approial of the Secretary It Ldnor. Any appli,eti.... fur the m:Liogofpayroll drdurI ill It- mldcr§3.G.h.,11 nnnpll At I, Ili, r,q,,i,, m, -r, .1 in Ib, follit"ing pa'.'O" lo, of 114, ,e' l ion: (a) Tile appL,al lou shall 1l, in writing a, -J sh:dl Le addn'ssrd to tl;v Sccielnrl of Lal.nr. (L) The application d.11 idadif, tL, do,it,act or .wmet: I:udrr a. Lirb the work iv question is to 1„ prrGunu•I. Per mission .,ill he t; ,eu for deductions mdy on sp,eifle, idudifi:d cnmlract" cac,pt upuu o showing of cxccptiunal eir.mli.tonr:x. (d) Pic app6eation shall slate affinualindi that (hem is complimwr w ill. the st.ndanis ,r) fold( in die prom.ions of § 3.6. The affinual ion shall l., accompanied by a full sLtvnn,ul of lite farts indicating Audi congdiance. (d) Tile appliralion shall include a drsrriptior of Ill, pmpOH'd dedm'llon, the I,n.I.., It, be ""ed thci'bv, and t!le lasses of la1... Vi s to, o,clunics from whose wages dw piopa ,•d deduction would lie made. (e) The application stall *tate the uani, o ud burin,_' of au,- third peracid to whom any funds obtain,d from ll„ pro- posed deductions are to be Wto,... ittcd and the affilial ion of sur 11 pdrun, if any, with the applicant. Section 3.8 Action 1,y the Secretary of labor upon appiicatiooe. The Sretrtary of IaLnr.1.11 Je6d, ,hell,,r or nor the requrstcd ill uetion is prrtni;:ible under proaisiuus of § 3.6; and'hdl notify the applicant in w riling of his dre iciun. h Section 3.9 Prohibited payroll deductions. Deductions not ekewhere 1,,o% Wed fur by this part and which arc not fomld to he parmi.-iblc wider § 3.6 are prohibit. J. SeefioIt 3.10 Me (hods of paymen t of wages. 71le payment or wages s!ull be Ly rash, n,gouable instrument, paa able oil demand, or Iim additional fumis of cool ,cnaz- tion for which deductions arc Penni+siL!c under dos part. So odmr nwtlwds of payment shall be recognized on work suhjcel to aIle CoI dand Act - Section 3.11 Regulations part of contract. All cont radts crude with respecl to the construction, proseention, complelimt, or repair of any public building or public work or building or ++ort financed io whole or in part by loans or prams from Ie United $l as covered Ly the regular ions in this part dull e'prr-rdy Lind the contractor or subcoutradtur to cumhy wltIt such of the rcgulatlooi in Ihls part as mai Le ap- plicaLle. In this regard, we § 5.5 (a) of ll,is subtitle. Page 13 of 13 P^ges HUD•JO1R1 (:•7L; I'S CCII9NNI111 PRIfl, IC 01nC4 -423.��# ASN:'. •�.; ..'v'. YP.+iV �V -146- Ill; PRI S I } I SAN JUAN i AFISTRANO is bounded by Mission St, on North, Trabuco Creek channel on the West, Uel Obispo on the South, and Lo::Jos St. on the East. Locations of Proposed Activities Public Facilities and Improvements Klousing/Community Deveiopm_nt r MEMORANDUM December 4, 1978 TO: City Council FROM: James S. Mocalis, City Manager SUBJECT: Addition to Council Agenda for December 6, 1978 SITUATION The attached item has been submitted for consideration at the Council meeting of December 6, 1978. Under normal circumstances, this item would have been agendized for a later meeting per administrative policy. How- ever, the situation placed upon the City by an outside agency precludes the consideration of normal time constraints. This situation is not unique, but is being experienced by all participating agencies of the HCDA grant program. The document being submitted for review is the fal item of the a,-nt Annlioat;nn and is necessary to maintain our application in good standing with HUD. SM: ADDITIONAL AGENDA ITEM 12/6/78 FOR CITY COUNCIL AGENDA .. ...... AGENDA ITEM December 6, 1978 TO: James S. Mocalis, City Manager FROM: Thomas G. Merrell, Director Community Planning and Development SUBJECT: Three -Year Housing Assistance Plan SITUATION During review of the City's 5th Year Housing and Community Development Grant application, it was noted that the Housing Assistance Plan was not prepared and would be subsequently submitted for City Council review. The delay in preparation of the plan was caused by a failure of the Southern California Association of Governments to provide the necessary base data. Due to this delay and the deadline for submission of a complete application by Friday, December 8, 1978, for transmittal to HUD, staff has prepared the attached plan. The draft plan utilizes the base data of the 1976 Special Census with a three-year goal which can be reasonably met and integrated into the City's three-year comprehensive strategy program. FINANCIAL CONSIDERATIONS None, except the normal administrative costs associated with the Housing and Community Development Act program as per previous City Council direction. ALTERNATE ACTIONS 1. Approve the Housing Assistance Plan as submitted. 2. Modify the Housing Assistance Plan. 3. Request further study. RECOMMENDATION By motion, adopt the resolution, as submitted, approving the City's Three -Year Housing Assistance Plan. Respectfully submitted, Thomas G. Merrell, Director Community Planning and Development TGM:mlr Attachment RESOLUTION NO. 78-12-7-6 HOUSING ASSISTANCE PLAN FOR HOUSING AND COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM - 5TH YEAR FUNDING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING THE CITY'S THREE-YEAR HOUSING ASSISTANCE PLAN AS PART OF THE HOUSING AND COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM WITH THE COUNTY OF ORANGE WHEREAS, it is the intent of the City of San Juan Capistrano to participate in the filing of an application with the County of Orange for a grant authorized under the Housing and Community Development Act of 1977; and, WHEREAS, the Housing and Community Development Act of 1977 authorizes cities under 50,000 population to enter into cooperation agreements with the County in which they are located for the purpose of undertaking essential community development activities; and, WHEREAS, it is necessary that the City adopt a Housing Assistance Plan before filing an application with the County of Orange for funding authorized under the Housing and Community Development Act of 1977. NOW, THEREFORE, BE IT RESOLVED, that the City Council does hereby approve and adopt a Three -Year Housing Assistance Plan; said Plan is included herein by reference. PASSED, APPROVED AND ADOPTED this 7th 'day of December , 1978 , by the following vote, to wit: AYES:, Councilmen Hausdorfer, Schwartze, Buchheim and Mayor Friess NOES: None ABSENT: Councilman Thorpe ATTEST: CITY CLW! KENNETH E. FRI SS, MAYOR -1- L • STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) I, MARY ANN HANOVER, City Clerk of the City of San Juan Capistrano, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No. 78-12-7-6 , adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the day of i) (SEAL) MARY ANN,,HANOVER, CITY CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) as. AFFIDAVIT OF POSTING CITY OF SAN JUAN CAPISTRANO ) MARY ANN HANOVER, being first duly sworn, deposes and says: That she is the duly appointed and qualified City Clerk of the City of San Juan Capistrano; That in compliance with State laws of the State of California and in further compliance with City Resolution No. 76-12-15-10 and on the 8th day of December , 1978, she caused to be posted: RESOLUTION NO. 78-12-7-6 being: HOUSING ASSISTANCE PLAN FOR HOUSING AND COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM - 5TH YEAR FUNDING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING THE CITY'S THREE-YEAR HOUSING ASSISTANCE PLAN AS PART OF THE HOUSING AND COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM WITH THE COUNTY OF ORANGE in three (3) public places in the City of San Juan Capistrano, to wit: The Administration Building; The Post Office; The Orange County Public Library. MARY ANN HANOVER, City Clerk San Juan Capistrano, California -2- I w J i n — t 01 10 Cd C O - I I ami G rtE _ �I �, �I 1 f g cz o IFctl o. _"sL a o _ � r> f i QWWQ .y8� •� O W J` J J ��`a�h a .° o o N J i Z _ n ] a z W ¢ry t! 1 Z a J 0- < r J > u� ] < O c M ti M ti ti r > U O Q O J J ° 0H a M I t Z O O 0 g y,`� O M M O M m m 0- > F Vl w O w� gQi zv 2 Z < J W - N 2 O C f z w QJOQp Y ° 2 ° n > J Z ZN O O J J c` Y O ° O D U O U LO ❑� J J ¢h cpOW ry OZ <m< < v G w Z vZ-iw$< < 6 �0 g 8 00c V U o _ o o z W z Z > n L i ° m N m i ? z Q o o S L 2 Z > I w ¢ o o o z D j 2 ( _O _ 6 rn oz o z c �s < S 00 = 0- o < m a O < Z [v Q 1- a LL m 01 1'1 b n r E b x i S o�gr t <3V( L O M O M h I cd < o z y > S V � - } �— n .� � n �� I• I a0 O e0 O �D n °I.2c I� o� M o� � x > A C J C 1 O z y- -� _ [z u ; O jj I]IJ C h D i NO CD OI <m� w u I DEID U) O ry n U •-1 O M- O- V) w ~ Q J N F Y• J V a tt C T -I Tl S O R� N p o ati EI c`YY tu n\In No 63,114 _I l,S !>I r.•,r Il l,l r,l 11 VSIN, n:.J UP IA V1-LOPIJI a1 1 I -I .II ♦I'l l ll: nl.l �1 ♦nl p,ur.•, ,,.r, of vl',Il Mtln ul .11n cnPN't rnq,;n nM Clay Of Sdn-Jua� api5.trano, _ I�: 4„11111-n , la. �,IANI II IIMIII 11 .IOUSING GSSInT ANCE PI AN I --I - 1 AIO.`- 111' THRLL YEAR HOUSING pRpGfWA :1 1 I - THRLL WAR GOAL '�— --"----- -' I '– T I'1 PITO ril Al Pt 1(./-1111 Ty KEY I • XX I.... .. nl I n PA Iq PUNI-II 1 r COC( Ivl: ,.j P, 1979 1981 I n 7YPI.. ArH SOUHCLS Of HOUSING ASSISYANCE 11P rnu' nl r. Il,..n. u•.m .... Inr 110••••4rvnr urnyn Aunlwu:r Lr Yomrovn.nn !•vim 17 .J II _ _ 5 7 f-• : � -I n P,�i,u xr 1w Ilm• n no, f I. I n 6 7 .nA 91 fi _--..__ , _'IY UevpinH•^f..)u!,_L_G,errH------_ Section 8 fl. nv.1, ry n,lnronrr lu, 1l�y r,pp„rr... Iry lnr 'L.I.I V, o.. n:.: np nunl.mn for Her,len -- Ir..n.dl.m, Il. Id.nr/ 78l 11"m Umr. Lrn ,: . r 15. 16 ..'d 17) Ir:.,.,n..mnv H�.rUl+mrnl blrr_v q..... _.. .__. Ifi 1 r,u ,anV AlovyJ Ac'9•ym. IF IB J 1r.n.ny hYn r..l llnnt .. •. .—. 19 rno 701 71 U T r.•I f ...L r Il........ AUr,un• r lur Ilnmrn hl �' tl 1, rgyvnr.' "1 TY V•' �-- --- 77I L 1 tiIAI •o.e 1'v iwle ally Aautba) At MAI Un.H I,v P.. or IMuu�nnlJ Ty,r .IUMPF II UI 1DIN] n- INCOME 14F)WA l out ns 0 TO M. AG':Ii1 L0 0 �- .0 0 0' rI it, I.1 R U(PIV 0 90 i 12 lI �yr.r.vlLAIIGF 0 20 il)IA1 nA fAMI1.V i4MILY . NOMP.'; -0 nnNl•I ,. or, lS o. n.,.r lvl'L 13.3 73:3 ` I 12.6 % 208 j 34 1(IF, .. 1 145 _ _29-- I_._. (I"� I l.1 1i1 Irl I l'1 90 12 66 12 '1. 69.7 ''' 14.0 0 0 0 _ 0 4. - - -..9...-----�- 0 �- .0 0 0' -0- --A 0 0 90 i 12 0 20 6- _-0 _. ___ 0 0 0 -0 70 i 6 i 58 6 13.3 73:3 ` I 12.6 % 208 j 34 1(IF, .. 1 145 _ _29-- I_._. 0 0 r -p p- -.I--- p 10-0 40 0 12.. 1. ._� ..) 4. - - -..9...-----�- r U- Q - 40 f 12 _. ._. __22 .- 22- 2_pII- 0 0 _0.... _-0 _. ___ 0 168 22..- p 1 p. 168 22 - - 123 - -- 21.___ 16.3 '1. 69.7 ''' 14.0 f,A I;H/,"''/= (A(L..h arL/Innn1/fhrefT i/nn:r.•scTry an.l Ab•n;//:•vAlO iic,,,F .rhnr•'I .1� I I u..lnmr urnn In b„ nr•.wn1p11Pel.ihcally lur 1',,. Lol'I L' .rl-:�+1 • 7 !i•'.Iail+r the pop nn> 1 --old under Ihli ole:lop'•/. 7 f.:v. nl,r 11"Al "A.fmn•ae•.tsiy to laiilit.tn 111 er ru..);nh•ncnl ,I lhr .y)51, rli f r. V APPLICANT VIISIIC: TO REVIEW ALL STATE IlFU4 Hllll.`,ING PHH,'OSAI,X HfO1Ke. I V•., I -'1.)-70151,-.N., ;1� HUO->003 I; 78) _ OMV No. GJ RIi]t Vs UL-. M MIT Of noUSn.c ..Nn 4WNDE Vti01IVT 1 h.Mr Or /.LVL,Inbl (pVKi'N1+ Y DE VFLCr'Mr IT IILOCK 011,11 PRULnAM City of San Jua Capistrano HOUSING A6ISIANCE PLAN - A��ucATipNtGnANi NUKIn{H 7AULE IV. GENE RAL LOCATIONS FOP PROPOSED , HOUSING _--•�p LT7TLZLI�.__1 ] 1'EN'DO OF APPL ICARILITY eJ,,r .-- .1'. aXXXXUIVOINnL 10 tirp •'/ l�ix+p 'I L' nE vi•aou oA•E ___ _____ 1979 1901 Yi rJ AMENIIMI NI nAlf A. IDENTIFY GENERAL I OCATIONS ON AIAP IN TIIIS A"LICATION -- — --- — -- – L Ne.A C .n+SPNCIfon: Cemus T,Au nr Enumeution DRII•,I Nwlilwrs. or u`her Leal'Dnal Ut-JgnAC.on 2. Paha b,Ltao on: Cercus Tact or Enumeration Ditt,,et Nvndxri. c, olFer IoU Lrtrnal Antignution ---- '_..— Census Tract 423.04Fmore specifically the target area is generally referred to as the Los Rios Area. This area is bounded on the north by Tract 7196 (Mission Village), on the east by the Santa - Fe Railroad right-of-way, south by Del Obispo Street; and west by Trabuco Creek. B. EXPLANATION OF SELECT ION OF GENERAL LOCATIONS --- Target area is the oldest neighborhood in Orange County with some structures built around 1790. A majority of the area consist of low and moderate income.families within a concentrated area of substandard housing. The housing strategy outlined in this application is designed to concentrate funding to correct current deficiencies. w110.)OAI IF. -)DI V.' a. cnr ei r.I pl uirVala C. n". t l p lw l/'_V I I C`.. Ir11 I r, Irl I,II'r Ill Vlll."ul N1 lis ll' -1, 1 11 nti1 PlI ll-•Iln•n IIUU5IN(I ASSISTANCE PLAN 1 r•I)I C V -A IIOUS INC, AC IIO/J PAOG HAM ANNUAL GOAL ----1 fllllpDCl AP—PLICAUll IIv KF. Y. 11•lu TG (UNCl/ CUDf 1979 1980 e I Y.•1.S ANU SO V RC15 OF I 1 US I N II A I " T AN CI. I]1 , A, 1 .W /) . r Ilnm.ny Apmmcr br Ilon re.]wnen ] 1 1 4•n nr..r Klitm 4n mono Irn Hpn.rownll�l -� _� � � - 1 .nn�.I:r Ann ud Provrvm 1. , br n Au ounce lur Huu rI owmn h.. ,1 rrr 6, 7 l 6/ ,, I[.......4•n,Y D<.•Ialr,knl cl,. �',nn !1111 1.uIC•.1•',r llynnny Afbrl.rnfr 1.✓Illrntq. _ - . 11, I! Jno ttll - - - IU 1 'len 11•'.0- h...r.d'..r.., 17.r.J 19/ 11 I • .. .. p An.0 nl P14y.Imr lj • Hr ••. 1.•:r irnll 41 FA, ti 1.1 Unr II _ 15, Ir ."d 17) 1.� / - h Ve I I i ❑i 1 t I---- �. .- .- IS 1G 1 1•.. IlI ] 1.•n..•p 1•n.rrl Un.H h.•.1. ]/:. n.1 19.,,d 101 01, All.�IeriJ i, -------------Section 8------------ r 4,..• AI'w r..n,d Nn.0 I., n", "Ic ANI__ City of San_Juan _Capistrano- nl•r. 'UnI 14 N:I,nn NT NVMUf,h ..__-__ .._—.-_ a )txx .I',III,,:.. -• I'1 V•$IOI:, "OAT( _ I All, h(IMI. IIT, IIAT[ NUI:Rf R Of I OWI, RINCOME HOL/S17.11OLUS TOO[ ASSISI(T) - -- - - - -�� ELDLHLY SMALL LA nr,[ /ITP"r'—W FA'AI LY FAMILY TC1At and I Il o, lul 0o. ne,.N II ANDI, i prom/ P -,e. J 20 y-- 6 -- i 8 6 n 20---- --l.---.6 ---�— $ — —6 20 -- - j ---t-- = — --� — - 0 - f _ $— �— -0 - --n-- o _ 0--_.-- n - 108 1 2-0- 72 J. -72- a O. 0 i _.-0 ..._. -._0—_— _- 0 0 I -—_-- 0_ _0 20 6 1]-- 3 - _. 20 -- --.— —0 0 --0-- -- - 88 I .._14, ---6n NA111W., 1% 1-0tfar1, adl6pon../thc•rpilne•rl•s'vy PnJ ...'rnhlF rn;6 ,Irnu Jfrnn�f - il 1 I .r .1 lisle Nn.t, 17 In- P"1:•1, 1.,1 ,pro 11CJIPI Inc J.r II+Nd1t]pllrll , I I I w 11 u' pr ogl.nu btl rd uudrI lhn C.lrrf 1.1 y, .1 I a^• ..Iw Ihptr x:ion; r.rress aly lis hI•'di L11r 1L: acCo,n1.1.•.h11.: nI ul ibe quah. - _ Intl •nt•r ly: 'rc Ar of $nhmivup -- 1,001•, I, 11 ]'n: IV ..1 It 11.1; Yr.r I4AP Approved _ ---_ 1 A Ile, .1.1 1.I•.n.m'It Iry 1.1..1rnl, "J .Ie ,M C0,11imc4 pl Ihn IJIYO/Idl III ... 1) Y, b It .......... HUD -709b 46 1 1 � 2 3 RESOLUTION OF THE BOARD OF SUPERVISORS OF 4 ORANGE COUNTY, CALIFORNIA V 5 November 28, 1978 6 On motion of Supervisor Schmit, duly seconded and carried, the 7following Resolution was adopted: 4 8 WHEREAS, a Cooperation Agreement was prepared under the H/CD Block 9 Grant Program for each of the following cities: 10� 1. Brea 7. Placentia 11I 2. Cypress 8. San Juan Capistrano 12 3. Irvine 9. Seal Beach 131 4. Laguna Beach 10. Stanton 14I 5. La Habra 11. Tustin i 15 6. Los Alamitos 12. Yorba Linda 16 NOW, THEREFORE, BE IT RESOLVED that this Board hereby approves 17 said Agreements and authorizes the Chairman to sign one Cooperation 18 Agreement for each city listed above and the Clerk of this Board is 19 directed to attest to same. - 20 BE IT FURTHER RESOLVED that the Director, Environmental Management 21 Agency is directed to transmit the signed Agreements to HUD by December 1, 22 1978. 23 24 AYES: SUPERVISORS LAURENCE J. SCHMIT, PHILIP L. ANTHONY, RALPH A. 251 DIEDRICH, RALPH B. CLARK, AND THOMAS F. RILEY 26 NOES: SUPERVISORS NONE ABSENT: SUPERVISORS NONE 27 28 Resolution No. 78-1726 rerlH/CD Cooperation Agreements/ Various Cities 1. 1 2 3 4 51 61 7 8 9 10 12 13 I 14 15I 16 17Iii I 18 19 20 21 22 23 24 25 26 27 28 j 4 4 STATE OF CALIFORNIA ss COUNTY OF ORA14GE ) I, JUNE ALEXANDER., Clerk of the Board of Supervisors of Orange County, California, hereby certify that the above and foregoing Resolution was duly and regularly adopted by the said Board at a regular meeting thereof held on the 28th day of November 1978_, and passed by a -Sm animous vote of said Board. IN WITNESS WHEREOF, I have hereunto set my hand and seal this 28thday of 11Qvember 1978 y3,;c.:?✓.',. .t 1. JUNE; ALEXANDER Clerk of the Board o1' `Supervisors of -range County, CalifOrnla 2. AGENDA ITEM November 7, 1979 TO: James S. Mocalis, City Manager FROM: Thomas G. Merrell, Director Community Planning and Development SUBJECT: HCDA Fifth Year Program Contracts SITUATION The City's requested funding under the fifth year grant application for Housing and Community Development Block Grant (HCDBG) Program has been approved by the Orange County Board of Supervisors, as well as the United States Department of Housing and Urban Development. In order to implement the projects included in the fifth year application, the City is processing the necessary operation agreements. These agreements reflect the fifth year program outlined below. Fifth Year Program The projects planned for implementation during the fifth year of the HCDBG Program include housing rehabilitation, land acquisition and development, and public improvements. The total amount of funds allocated for these projects is $290,000. A. Neighborhood Housing Rehabilitation: C— >� ' ' Si A Home Improvement Program was established during year four to provide low-interest loans and fix -up grants to benefit the Los Rios residents. The $75,000 allocated during the fifth year program will be used to continue the loan/grant program. B. Housing Cost Reduction: C p r a i I I r. '.: (/ The Los Rios Precise Plan recommends that a non-profit housing corporation be established to implement the Housing Program outlined in the plan. Implementation of the Planned Housing Development District (Little Hollywood area) is an integral part of the Los Rios Housing Program. The City was allocated $180,000 during fifth year program to initiate land acquisition and development in the PHD District. C. Public Facilities Improvements: '),, The City has completed the first phase of public improvements in the Los Rios area. During the fifth year program the City was allocated $35,000 to reconstruct Los Rios Street between Ramos and Verdugo Streets. FOR CITY COUNCIL AGENDA ...... . / /� Agenda Item FINANCIAL CONSIDERATIONS 0 -2- November 7, 1979 As part of an agreement with the Orange County HCD division, the City has agreed to absorb all administrative, engineering, and planning costs connected with the implementation of the HCDBG program. This has been done in order to utilize all of the block grant funds for the implementation of the Los Rios Precise Plan. ALTERNATE ACTIONS 1. Authorize the Mayor to execute the fifth year HCDBG operating agreements. 2. Modify the agreements and authorize the Mayor to execute. 3. Refer back to staff for further review. RECOMMENDATION By motion, authorize the Mayor to execute the fifth year HCDBG operating agreements. Respectfully submitted, Thomas G. Merrell, Dire for Community Planning and Development TGM:SJP:lcl AGENDA ITEM November 1, 1978 TO: James S. Mocalis, City Manager FROM: Thomas G. Merrell, Director Community Planning $ Development SUBJECT: STH Year HCDA Application SITUATION Following City Council policy to participate in the Urban County Grant Program with the County of Orange, staff has prepared the necessary materials for the fifth year grant application. The materials required for fifth year include: (1) Assurance Agreement; (2) Cooperation Agreement; (3) Housing Assistance Plan; (4) Three Year Comprehensive Strategy Program; and (5) City Council Resolution which includes a list of projects requested for fifth year funding. The complete application is ready for Council consideration with the exception of the Housing Assistance Plan. This item has not been included due to a delay in preparation of initial materials by the County of Orange. In the past, the City has made applications for funding which were retained in a reserve for future expenditure in the Los Rios area. With the adoption of the Los Rios Precise Plan and the Fourth Year Grant Application, the implementation of the HCDA Program has been initiated (note related agenda for public improvements). The current year will see the expenditure of approximately $152,000 for the initial phases of the public improvement and housing rehabilitation programs. In order to interface the existing program with future program years HUD has required as part of the fifth year application, development of a three year comprehensive strategy program. This program has been drafted and reviewed for input and recommendation by both the Los Rios Review Committee (October 19, 1978) and the Planning Commission (October 10th and 24th) (see Exhibit Q. The projects proposed for inclusion in the fifth year grant application are identified as follows: (a) Housing Rehabilitation - Continuation of Home Improvement Loan Program to be administered by a private lending institution. Funding requested $75,000 (b) Property Acquisition - Property acquisition of land for Phase of housing construction program. Initial property acquisition would be approximately 2.0+ acres with an estimated market value of $180,900. Funding requested $180,900 (c) Public Improvements - Reconstruction of Los Rios Street between Ramos and Verdugo Street. Funding requested $35,000 FOR CITY COUNCIL AGENDA .... r Agenda Item • -2- November 1, 1978 The total funding for the fifth year application is $290,900. The proposed program listed above has been reviewed by the Los Rios Review Committee and Planning Commission. Each has forwarded a recom- mendation to include said projects in the fifth year application. FINANCIAL CONSIDERATIONS As part of the implementation of the Los Rios Precise Plan the preceding projects are eligible for funding under the Housing and Community Development Act of 1977. If a proposed project is not funded under the fifth year application, the City will not be committed to its funding. The project may be resubmitted at a later date either as an amendment to the application or inclusion in the sixth year application. In addition, it should be noted that the HCDA program is not a matching fund program. As part of the contractual agreements with the County for 1 -4th year funding, the City has agreed to absorb all administrative costs connected with the implementation of the HCDA program. This has been done in order to provide the City with the flexibility to determine employee wages and salaries. At this time it is hard to determine an exact dollar amount for the administration of the program, but it is felt that it can be adequately handled by staff without affecting service delivery. ALTERNATE ACTIONS 1. Hold the public hearing and determine that the City will not participate in the Housing and Community Development Act Program. 2. Bold the public hearing. By resolution, approve the Assurance and Cooperation Agreements, Comprehensive Strategy Program and request participation in the Urban County Grant Application for fifth year funding of $290,900. 3. Hold the public hearing, recommend different amounts and/or projects. RECOMMENDATION By Resolution, approve the fifth year grant application which includes the Assurance and Cooperation Agreements, Comprehensive Strategy Program, and funding request for specific project implementation. Respectfully submitted, �Jj,(,�� '• Thomas G. Merrell, Director Community Planning and Development TGM:mlr • . • RESOLUTION NO. 78-11-1-2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING THE CITY'S PARTICIPATION IN THE HOUSING AND COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM WITH THE COUNTY OF ORANGE WHEREAS, it is the intent of the City of San Juan Capistrano to participate in the filing of an application with the County of Orange for a grant authorized under the Housing and Community Development Act of 1977; and, WHEREAS, the Housing and Community Development Act of . 1977 authorizes cities under. 50,000 population to enter into cooperation agreements with the County in which they are located for the purpose of undertaking essential community development activities; and, WHEREAS, the Federal Government requires participating cities to provide a statement of assurances that the funds will be obtained and utilized pursuant to Federal law and policy; and, WHEREAS, it is necessary that the City adopt a Housing Assistance Plan before filing an application with the County of Orange for funding authorized under the Housing and Community Developme0t Act of 1977. NOW, THEREFORE, BE IT RESOLVED, that the City Council does hereby approve and .adopt a cooperation agreement with the County of Orange (Exhibit A), a statement of assurances (Exhibit B), and a Comprehensive Strategy Program (Exhibit C), in order to obtain funding for the projects included in the City's grant proposal (Exhibit D). The Exhibits are included herein by reference. PASSED, APPROVED AND ADOPTED this 1st day of November , 1978, by the following vote, towit: AYES: Councilmen Hausdorfer, Schwartze, Thorpe, Buchheim and Mayor Friess NOES: None ABSENT: None ATTEST: ITY CLERK I KENNETH E. FRIESS, MAYOR -I- PROOF OF PUBLICATION (2015.6 C.C.P.) STATE OF CALIFORNIA, County of Orange City of San Clemente I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above -entitled matter. I am the principal clerk of the printer of the San Clemente Sun -Post a newspaper of general circulation printed and published ...................Dally .................. in the City of San Clemente County of Orange, and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Orange, State of California under the date of March 11, 1560, Case Number A9140; that the notice, of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular sntire issue of said newspaper and not in any supplement thereof on the following dates, to -wit: Oc toter 20 all in the year 191 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at San Clemente, California, this 20th.. day of ...O.Q.iia.ber.._.......... _............ 19....28.. Signature SAN CLEMENTE PUBLISHING CORP. 1542 North El Camino Real - P.O. Box 367 i Clemente, Calif. 92672 - Phone 7141192-5121 This space is ibt the County Clerk's Piling Stamp Proof of Publication of NOTICE OF PTBIIC HEARING ....................................................................... . the 0whiurmllYiw;, 4> i OF - p� be bo ADIU r 'iii, ali Y� 16NT ACI' — 1RA1[ WdW my fbudas ilft . dit ebe In OK �y Z* e( tat , e• great_ .... —�Oetoherip� • NOTICE OF TPANSil}ITTAL - LEGAL PUBLICATIONS c� Daily Sun -Post Helen Nielsen, Legal FOR PUBLICATION ON: FRIDAY, OCTOBER 20, 1978 DOCUMENT(S) TO BE PUBLISHED: NOTICE OF PUBLIC HEARING - HOUSING AND COMMUNITY DEVELOPMENT ACT - 5TH YEAR PROGRAM PROOF OF PUBLICATION: Please send to: Office of the City Clerk City Hall 32400 Paseo Adelanto San Juan Capistrano, CA 92675 AUTHORIZED BY: DATE: October 16, 1978 Date sent to paper Date proofed Date published Date affidavit received Cost `u 16 gar%' �;�m.^=� 4; ia`.�.G -a r_r" u i.�., sa NOTICE IS HEREBY GIVEN, that on the 1st day of November , 1978 , at 7:00 P.M., in the Citv Council. Chamber, 32400 Paseo Adelanto, San Juan Capistrano, California, the City Council will hold a public hearing on the following: HOUSING AND COMMUNITY DEVELOPMENT ACT - 5TH YEAR PROGRAM City application to receive fifth year funding under the Orange County Housing and Community Development Grant Application. Public comments will be received and reviewed for inclusion in the fifth year grant program. In accordance with section 570.304 (Rules and Regulations, Federal Register, Volume 43, No. 41) the City has prepared a draft Community Development and Housing Plan. Included in the plan is an identification of eligible activities for funding and a three year Neighborhood Revitalization Strategy Program for implementation with the community's designated target area. This area is generally described as that portion of land bounded by Trabuco Creek on the west, Del Obispo Street on the south, Santa Fe Railroad right-of-way on the east, and Tract 7196 on the north (Mission Village). This project has been reviewed and processed in accordance with the California Environmental Quality Act. The City's Environmental Review Board has determined that the project may have a significant impact on the environment and that the Environmental Impact Report prepared for the Los Rios Precise Plan adequately addresses possible adverse impacts and therefore fullfills the requirements of CEQA by using a single Environmental Impact Report. Those desiring to be heard in favor of, or in opposition to this item will ii,an an opportunity to do so either orally or by writing to the City ___�,., ,1,o r44r�? Clerk's r C.L..••:.:.r+.c�.aa...re....•----., - ......�._.:........._...-.. ......�,.-- .v.....,.e<, - ----....,....e..r...u...,�......_..............«... Form Approved U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPME14T 1. NAME OF APPLICANT COMMUNITY DEVELOPMENT AND HOUSING PLAN SUMLlAny CITY OF SAN JUAN CAPISTRANO COMMUNITY PROFILE 3. APPLICATION/GRANT NUMBER J PERIOD OF APPLICABILITY 4:00riginai !Every Three Yvan) From: 7/79 To: 6/81 0Revision ❑Amendment ID/red) Detedl 5. COMMUNITY PROFILE: (Provide a briar nafrative M etmordance with inrtrocfionf) Community Profile: The following community profile is a statistical summary of the community as a whole and the specific target areas outlined in the subsequent comprehensive Strategy Program. Data Cateeor a. Total Population b. Total Households C. Percent Renters d. Percent Homeowners e. Percent Low and Moderate Income f. Percent Minority g. Percent Housing needing replacement h. Percent housing needing rehabilitation i. Percent Vacant j. Percent Unemployment Community -Wide Target Area 13,658 207 4,775 59 16.70% 77.97% 82.41% 22.03% 34.80% 65.30% 13.6% 81.36% 0.25% 12.50% 0.95% 75.00% 10.59% 10.61% 0.87% 1.4% ❑ Xheck here i/fvnrinued on eddiriomf page Gl end.rrach) 6. DATA SOURCES: — 1976 Orange County Special Census — Building Survey for Los Rios Precise Plan (Phase 1), 1976 Pee.. 1 01 Y Peeea NUO.7062 16.761 w.4e.._..�.. _._._.. Form Approved U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ' CITY -OF 1S1 NA I JUAN CAPISTRANO COMMUNITY DEVELOPMENT AND HOUSING PLAN SUMMARY SUMMARY OF COMMUNITY DEVELOPMENT 2. APPLICATION/GRANT NUMBER AND HOUSING NEEDS 3. PLRIGOOF APPLICABILITY e' K) Original ffvery Three Yeani From: 7/79 To: 681 - ORevision C1 Amendment seed S. COMMUNITY DEVELOPMENT AND HOUSING NEEDS: fProvide a brief na/relive in accordance rnth innnve6ontl Narrative Summary: During preparation of the City's 1st - 4th year grant application, particular emphasis has been placed upon providing necessary services and public improvements for the majority of the community's low and moderate income families. The neighborhood in most acute need of Housing and Community Development funding has been identified based upon the following factors: (1) high percentage of low and moderate income families(65 .13%; (2) high concentration of minorities (81.36%); (3) majority of residential units requiring rehabilitation (75%; and (4) lack of basic public improvements (e.g. storm drains, all weather streets, etc.). This has resulted in preparation of the Los Rios Precise Plan. The Plan has identified specific design requirements for public improvements and housing programs to insure preservation of the neighbor- hood for low and moderate income families. ❑ /Cheek here if eontinoad on additional pepmil end atneh/ a. DATA SOURCES: - 1976 Orange County Special Census. - Building Survey for Los Rios Precise Plan (Phase I, 1976 Replecb Form, HUD -7015.7 end HUD -7016.2A. Which are obsolete Pape Z of 1. hANt Ut /.I PL (CANT US OI r;'kI WI N I OF HOU` I NG A ND Ufl:+ DEW LOPFALN't r Cpl•;•�1L,IY:'AA'FLOP)ANT ANoHOusIrANSUMMARY CITY OF SAN -JUAtimiCAPISTRANO i. hll'LICA]IG IJ/L hhllT NU cU",7REHENSIVE STRATEGY 35 rCn1OD Or ArrLICA01uTY �'®Originallfvary Three rsoral From: 7 79 To: 6/81 0Prvision__ ]i$aOAmendmenl md nMd 5.ComPP.EMENSIVE STRATEGY(P/onde.nur. tiv. in xceld.nce n-irh;nWV 160MJ 1. NEIGHBORHOOD REVITALIZATION: During preparation of the Los Rios Precise Plan multiple citizen workshops were conducted which have identified two specific areas for funding considerations: (1) housing rehabilitation and (2) public improvements. The subsequent comprehensive neighborhood strategy has been outlined to emphasize.the actions which are to be taken to improve conditions for low and moderate -income persons residing in the Los Rios area. A. Neighborhood Site Location: The specific area targeted for concentrated action as a Neighborhood Strategy Area Pursuant to Section 570.301(C) is commonly referenced as the Los Rios Area. Said area is generally described as that property bounded on the north -by Final Tract Map 7196; on the east by Atcheson Topeka & Santa Fe Railroad right-of-way; Del Obispo Street on the south; and the Trabuco Creek floodway on the west. (Exhibit A.) B. Neighborhood Strategy Objective: The following objectives have been developed and approved as part of the Los Rios Precise Plan and shall be used as a guide for'Housing and Community Development Funding: Housing: (a) "Fix -Up" grants of up to $500.00 per dwelling unit should be provided to allow residents to make minor repairs and imp- rovements to their dwelling units which are essential to keep the unit habitable..(short -term) (b) A major objective for the area is to accommodate the curre residential population, both owner and tenant. (long-term) (c) Provision for a rehabilitation loan program to accomodate tht special needs of dwellings which are structurally sound. (long-term) (d) Provision of Section S rental assistance to tenants in the neighborhood which are affected most dramatically by the increased housing demand and higher taxes will generally result in increased rental prices. (long-term) (e) There is an acute need for new low -rent housing in the area, especially due to the limited life -span of structurally unsound units. Any new construction should be phased to ensure that no currently occupied dwelling is removed from the housing stock before a new low -rent unit has been built. Id..rt nronrm...d w .dd(eon.l v.wl:I...d.rucnl (long—term) N.OrKM Fpm, HUD-701".nd HUD -7015A,, ,i 6n ob Ite 6 P.p / or /` F"" V +— U.S. OL^111MENT OF HOUSING AND URBAN OFVELOPMENT I COMMUNITY DEVELOPMENT AND HOUSING PLAN SUMMARY COMPREHENSIVE STRATEGY E 1. NAME OP APPLICANT CITY OF SAN JUAN CAPISTRANO Form Approved 9. PEHIU❑ OF APPLICABILITY ® Original (Even Three Years) From: 7/79 To: 6/81 ❑Revision_ ❑Amendment - arod erod 5.COMPREHENSI VE STRATEGY: (Jaovide • n ... aUve in accordance with insm,crions.) HOUSING (Con t.) (f) The City shall develop a program to provide a counseling service to help residents of the area find interim housing within the community while new structures are being con- structed. (long-term) (g) Preserve the character of the historic area and prevent de- molition or deterioration of original structures. (long- term) 2. PUBLIC IMPROVEMENTS: (a) Provision of public improvements which correct current deficiencies such as flood hazards. (short-term) (b) Provision for a controlled ped-strian crossing of the Santa Fe Railroad tracks at Verdugo Street. (short-term) (c) Provide for the undergrounding of utilities for future development and phased undergrounding for existing lines. (short-term) (d) Provision of new all-weather surfaced roadways designed to serve existing and future residential needs. (long-term) (e) Relocation of Santa Fe Railroad crossing in order to all- eviate safety hazard for neighborhood residents.(long-term) (f) Elimination of through traffic on Los Rios Street to separ- ate residential areas from public, commercial, and park activities. (long-term) (Ol.ck //conrinuM on additions/ ppa(i/ end arrochl RePle Forms HUD -7015.9 and HUD -7015.4, n ich are o W.10 Pape '• of / j Papa HUD -7064 (6-78) 1. NAME UY AI'1'LILA U.S. DI-PAFt11AENT OF HOUSING ANO N DEVLLOPMENT CITY Off. COW.- JNITY UEVF LOFMENT AND HOUSING PLAN SUMMARY 2. APPLICATION/GRP COMPREHENSIVE STRATEGY i mm hyyovtA OMR No 67-RIrig 6J&AN CAPISTRANO 3 PE isuro oP Ary ucA Ul uTr J�'Qliginal (Furry Three Yserr) From: 7/79 To: 6/81 0Revision .md 0Amendment nree 5.CGM.PP.EHENSIVE STRATEGY: (Provide • nerretive in accordance wifh intfrucrionr.l C. Proposed Physical Improvement Program: The following is a detailed description of the physical program: 1. Housing Rehabilitation: Due to the existing condition or residen- tial units within the Los Rios area, initiation of a low interest loan program shall be a priority item. Said program was initially established during fourth year participation with a start-up funding of $25,000.00. This program shall be maintained as a long-term funding commitment to preservation of existing residenti structures. 2. "Fix -Up Grants": "Fix -up" grants of up to $500.00 per dwelling unil should be provided to allow residents to make minor repairs and improvements to their dwelling units which are determined to be essential to keep the unit habitable. All dwelling units within the area used as residences would be eligible for the grants. The occupant obtains approval from the City for all rehabilitation worl and received the grant payment upon submission of receipts for satisfactory completion of the work. 3. New Construction: There is a need for new low -rent housing in the Los Rios area, especially because of the limited life span for structurally unsound units. Therefore, phased construction is proposed to create new low -rent dwellings in the Little Hollywood Planned Housing Development District identified in the Los Rios Precise Plan. The new construction will be phased to ensure that no currently occupied dwelling is removed from the housing stock before a new low -rent unit has been built. To ensure the achieve- ment of this program objective the following implementation strategy is proposed: Non -Profit Housing Development Corporation: A non profit housing development corporation should be formed which is em- powered to issue bonds for construction funds or execute mort- gage agreements, to participate in the design and monitor dev- elopment of the houses, and to manage and maintain the develop- ment and to generally make possible the maximum amount of input and participation with members of the Los Rios community. ❑ (O.wrk it continued en eddifianM ppe6l endertschl Retdecn Foam HUD -7015.3 and HUD -7015.4, which em 0W det. Yep. `j 01 / L vnea nw-vw� to- ml FOIT A(.(It 0•Td I . NAME Of 11 I'L"ANI US NL PNIIMLNI OF HODS I NG AND NDLVELOPMLNT CITY OF SANA& CAPISTRANO COK!P.•'JNITY DLVFLOPMENT AND HOUSING PLAN SU•1I 7. APPLICATION/GRANT NVMiSER COMPREHENSIVE STRATEGY 13. PLHIOD of APPL1CAuluTr EXOrigincl (Every Three Y...1) From: 7/71 To: 6/81 ORe:vi>ion ❑Amendment —7C). red etnd 5. COMPREHENSIVE STRATEGY: (Provide a narrative in accordance with inrtmctioni.l The corporation would contract to design and build new construc- tion. Rehabilitation loans would be secured for any dwellings judged to structurally sound. The corporation would keep all residents of the Los Rios community informed of the construction program to insure that current tenants would receive first opportunity to rent new units. Section 8 payments are made directly to the corporation to supp- lement the rent that tenants can afford and thereby provide sufficient funds to carry all maintenance and management costs. Property Acquisition: The City should apply for discretionary Housing and Community Development Act funds for the purpose of adquiring the entire Planned Housing District site. 4. -Public Street Improvements: Presently Los Rios Street is not crowned resulting in poor drainage; and its shoulders are dirt, making them difficult to cross during rainy weather. The improvements to Los Rios Street are intended to improve the drainage characteristics without altering the rural character of the street. A driving surface 20' wide will be located in the existing road , in a manner that avoids existing buildings, fences or trees. A surfaced shoulder of variable width will be provided to allow space for walking and parking. The shoulder will range from approximately 2' to 8' in width. A submerged drainage tile or pipe drain will be installed within the shoulder. In keeping with the rural character of the area, there will be no sidewalk. The driving surface will have a brown -colored aggregate. The shoulder will be crushed native stone. The roadway of of Los Rios Street from Del Obispo Street extending about 220' to the north, is currently 40' wide. This improvement was made in 1974 in anticipation of new commercial development along Los Rios Street. If continued at 40', the extension would require the demolition of res- idential units including an adobe occupied by low and moderate income families. Therefore, said segment of Los Rios Street will be reduced in width to a roadway to 20'by modifying the easterly curb line. This improvement will maintain the narrow, residential character of Los Rios Street. folw * if continued on addition mo W and • rtachl Redecee Form, HUD -70153 end HUD -7015.1, whitl en dardeu Pep of /2 Peer HUD -7064 1848. f F o.m Aoolo.ed 1. NAME Of APPLICANT F0, PAftlfdCiJT OF HOUSING FNp N DEVELOPMLNTJNITY OLVfLOPMENT AND HOUSING PLAN SUMMARY CITY OF . CAPISTRANO I APPLICAlIC1N /G RANI' NUMBER COMPREHENSIVE STRATEGY 3. PERIOD OF APPLICABILITY "Original ff.'cre Three Yeerr) From: 7/79 To: 6/81 0Revision _ ❑Amendment -- 7Derod Brod 5. COMPREHENSI VE STRATEGY: (Provide • narrative in accordance with in.rruerions.) D. Related Programs: The following programs shall be inforporated into the neighborhood revitalization program as support for the physical improvements portion of the implementation stragegy: 1. Section 8 - Rental Assistance: Tenants in the Los Rios comm- unity will be affected most dramatically by increased housing demand and higher taxes which will most likely result in in- creased rental prices. In addition, costs and repairs and improvements to existing dwellings would probably be passed alonE to tenants. Therefore, the use of Section 8 - rental assistance will be provided through the Orange County Housing Authority as a means of maintaining existing tenants in the neighborhood and thereby reduce instances of financial dislocation. This program would be used for both existing and new construction. 2. Tax Deductible Improvements to Historic Properties: This program provides tax incentives to property owners to improve structures within designated historic districts. Currently a large portion of the Los Rios area has been nominated for historic district status. The petition has been approved by the State and is being reviewed by the Heritage, Conservation and Recreation Service ( former National Park Service) of the United States Department of Interior. If the district is app- roved, property owners of structures within the area will be eligible for tax deductions for improvements made to the buildings. The only requirement is that the structure be a commercial use. 3. Adoption of Historic Building Code: The City as part of its policy to preserve its historic culture has adopted Section 104 -J -Historic Building, 1976 Uniform Building Code, which exempts Historic Buildings from complying with all provisions of the U.B.C.. Under Provisions of this section; repairs, alterations and additions necessary for the preservation, rest- oration, rehabilitation or continued use of a building or structure may be made without conformance to all of the require- ments of the Uniform Building Code provided: (a) The building or structure has been designated by official action of the City Council as having special historical or architectural significance. ❑/(SuckFlaonsinuad on addiricnar p.Padl) ands h) e....... M! Vl.,n1R % and MlII1A01 S 4 _ w icA am oMdeu P. J of /Z P. HUD -7064 16-781 f o�m AnprmTd US PI PARTMfNT OF HOUSING AND OWN DEVLLOPMENT CITY OF SAN JW CAPISTRANO COh^. UNITY DE VE LOPMENT AND HOUSING PLAN SUMMARY 7. APPLICATION/GRANT NUMBER COMPREHENSIVE STRATEGY ]. PE RIUO OF APPLICA6 I LIT Y - 4n Original (Every Three Years) From: 7/79 To: 6/81 0Revision ❑Amendment ated Dred 5.COMPREHENSI VE STRATEGY: (Provide a narrative in accordance with imnuctiors J (b) Any unsafe conditions as described in Section 203 of said code, will be corrected. (c) Any substandard conditions will be corrected. (d) The restored building or structure will be less hazardous, .based on life and fire risk, that the existing building. 4, Los Rios Review Committee: The Los Rios Review Committee has been established to implement the Los Rios Precise Plan and act as the HCDA Advisory Committee. Members of the Committee are residents/ property owners/tenants within the area. 5. Housing Counsel Assistance: The City will be developing a program to provide counseling service to help residents of the area in identification and application to the various housing programs available to them. In addition, this service shall help residents find interim housing within the community while new housing is being built. 6. Formation of Non -Profit Housing Corporation: A non-profit Los Rios Housing Development Corporation should be formed for the purpose of developing the housing program within the Planned Residential Housing District. While building and managing the new housing is its primary function, the corporation should play an.active role in monit- oring and/or managing other housing programs. The corporation should be comprised of City (Council, City Manager, Department Heads, etc.), and Los Rios Community representatives (property owners, residents, members of Los Rios Review Committee, etc.), as well as civic, public, religious and business leaders from San Juan Capistrano with a commitment to accomplish the program and to assure a full level of citizen involvement. Construction funds could be raised in a combination of ways: (a) The corporation could issue bonds for the construction funds. The corporation could pledge the net income from rents to retire the bonds. In Addition, the City could pledge an amount equal to the ground rent as security. The bonds are secured by both the units and the property. (OAack/fcontinuedp eddiriona/patr(a)and•trach) Replace. Form, HUD -70163 and HUD -7015.4, whidt an of cleu Pape b of / Z Pape; HUD -7064 46.781 r_._._ F o,m Arw.,,d t VAMC DE AI'P UTANT POS' POF 1/OUSING ANU N DEVELOPAILN7JNITY ULVELOPMENT AND HOUSING PLAN SUMMARY CITY OF SAN SUA APISTRANO ]. APPLICATION/GRANT NUMBER COMPREHENSIVE STRATEGY 3. PEHIUO OF APPLICABILITY 00riginal(f.rry Thr" Years) From: 7/79 To: 6/81__ ❑ Revision_�erd C3 Amendment emd 5.cOtdPREHENSIVE STRATEGY: (Provides narrative in accordencc with iupocrions.J (b) The corporation could issue bonds supported by revenues allocated by the City or guaranteed by HCD funds or desig- nated, long-term deposits of such funds. (c) The corporation could receive 70-80% conventional payment financing. To satisfy the doubts which most lenders have of non-profit corporations and especially low -rent projects, the City would deposit an amount equal to the remaining 20% of the base amount in a long term interest bearing account, pledged to cover any default on the loan. E. Urban Homesteading Program: Establishment of an Urban Homesteading Program for the Los Rios area. This program shall be established in order to meet the following objectives: 1) Offer homeownership to those who could not otherwise afford their own home; 2) revitalize deteriorating neighborhoods by increasing their economic viability; and 3) provide a method of maintaining neighborhood cohesiveness to to stabilize migration patterns beause of economic considerations between landlord/tenants. Said program shall be administered by the Los Rios Development Corporation. Its integration into the housing strategy is more thoroughly discussed under Section F. F. Housing Improvement Strategy: The primary objective of the Housing Improvement Strategy is the stabilization. of the existing neighborhood from pressures of forced migration of current families. The strategy by the use of previously identified programs shall maintain the existing housing inventory while providing an opportunity for new low and moderate income units.located and constructed in accordance with the policy objectives of the Los Rios Precise Plan. This strategy shal consist of the following elements: 1. Existing Housing: A major segment of the current housing is related to rental units -- a majority of which are located in the Little Hollywood area of Los Rios. The Los Rios Precise Plan makes specific allowance for the maintenance of these units for low and moderate income families. (Berk FI conrinuad on dd1riond pwld end *fWh) Replaces Forms HUD -7016.3 and MUD -7015A, rAJch m obaclam Paps / of /Z ►ayn laaJJfI�:3117lI �fl J Fwm A., wow d U.S [A FAHTMENT OF HOUSING AND U1W DEVELOPMENT cOMp•'JNITY DEVELOPMENT AND HOUtING PLAN SUMMARYCITY OF SAN JU ISTRANO ]. APPLI C ATION/GRANT NUMBE R COMPREHENSIVE STRATEGY J. PER IUD OF APPLICABI L1T Y o Original (Every Three Year,) From: 7/79 To: 6/81 CIRcvislon_ end ❑Amcnrlmenl Bred 5.CDMPREHENSIVE STRATEGY:(Prov/dee nenerive in accardence with inttructionr.) , In order to provide for a stabilized neighborhood situation, it is recommended that approximately 4.5+ acres be acquired through the use of Housing and Community Development funds for the area referred to as the LDR ( Low Density Residential ) District. It is proposed that the existing units be maintained and occupied by existing families during acquisition. Upon acquisiiton each unit would be deeded to the present occupants under the Urban Homesteading Program. Under this programs each family would receive title to their parcel upon fufill- ment of conditions of a Homesteading Agreement. Generally, the cond- itions would require that the participants bring the structures up to the minimum Building Code over a specific time frame. In addition, the occupants would be required to maintain their residence at the location for a minimum of five (5) years. Rehabilitation of units would be eligible for funding under the Housing Improvement Loan Program. 2. New Housing: New Housing would be constructed for that portion of the LDR District to serve as a means of providing replacement housing for those dwellings which can not be rehabilitated with a limited number of new units. The construction program would be administered by the non-profit Development Corporation. The type of units would not necessarily be restricted to new construction, but may include relocated units from other areas of the community. Generally these units would be rental units utilizing Section 8 Rental Assistance. Persons.dislocated from the area because of hazardous living conditions and rental increases would receive Priority for occupancy of any new units. G. Implementation Schedule: The following implementation program has been prepared showing anticipated timing of activities and the coordination of HCDA funded activities and other local actions with identification of anticipated resources and preliminary budgetary requests. 1. Existing Programs: (a) Housing Rehabilitation - Agreement with Security Pacific Bank for administration of Home Improvement Loan Program, Current funding level is $25,000.00 (puck //cm,inued on edditioml pDa(al end errrhl Replace Foam MUD -7015.) and HUD -7015.4, vvhidl en o 01.te Paps 5 of /L Peen HUD -7064 16-701 _�� — [c•rm Approved 1.',AML OF APPLICANT U.S. UI PARTt.11'NI OF HOUSING AND N DEVELOPMENT CITY I corl1r'JNITY DEVF LorMENT AND HOUSING PLAN SUMMARY TIIA. AP1STDANe -- 7 APPLICATION/GRANT NUMBER COMPREHENSIVE STRATEGY O. PERIOD OF APPLICABILITY pr -p -t0, iginal(Every Three YeerSI From: 7/79 To: 6/81 CIRevision —7DT— ❑ Amendment O1ed 6. COMPREHENSIVE STRATEGY: (Provide • narrative in eceWdance with iu huctional (b) Public Improvements - 1-3 year and 4th year funding totaling $126,672 has been designated to improve the existing infra -structure sewing the majority of neighborhood residents. This program has been divided into two phases. These are briefly described as follows. 1.) Phase I - Street and drainage improvements for Mission and Ramos Streets, $91,000 2.) Phase II - Street and drainage improvements for new loop raod to connect Mission and Ramos Streets, $35,672 All work is scheduled for completion by June 1979. Phase I is expected to be contracted prior to December 31, 2. Schedule 5th Year •- (HCDA Funded): (a) Housing Rehabilitation - Continuation of Home Improvement Loan Program to be administered by a private lending institution. Additional funding requested, $75,000 (b) Formation of Los Rios Non -Profit Housing Development Corpora- tion - A non-profit Los Rios Housing Development should be formed for the purpose of developing the housing program as identified under Subsection C.3 and D.S. (c) Property Acquisition - Property acquisition of land for Phase I of Housing Construction Program. Initial property acquisit would be approximately 2.01+ acres with an estimated market value of $180,900.00. Funding level requested $180,900. (d) Public Improvements - Reconstruction of Los Rios Street from Verdugo Street to Ramos Street - $35,000 (e) Urban Homesteading Program - Establishment of an Urban Home- steading Program by City Ordinance as part of the housing implementation portion of the Neighborhood Revitalization Strategy. Said program to be administered by the Los Rios Development Corporation. /Check //conrin�ed orr edditiond pp.(il end ewchl Replac" Forint HUD -70153 and HUD -7015.4, which m ooeeAete rape / m 1. 't • •-- r_._.. _. l Fwin Avw.,Yd PARTIEE`NT OF HOUSING ANU UFW' DEVELCIPMENT _F O b'F'Um TY ULVELOPI.IENT AND HOUSING PLAN SUMMARY CITY OF SAN JU APISTRA 0 V.S. UI ]. APPLICATION/GRANT NUM DLR COIAPREHENSIVE STRATEGY r-.1 f1IUO OF APPLIC-DILITY C29 Original (Every rhree Yeerr) From: 7/79 To: 6/81 0Rev4ion ❑ Amend ment _7=.A.0 re¢ S.COMPIEHENSIVE STRATEGY: (provide, nure ri ve in .ccordence with in+vuc door./ 3. Schedule 6th Year - (HCDA Funding): (a) Housing Rehabilitation - Continuation of Home Improvement Loan Program to be administered by a private lending institu- tion. Additional funding requested, $50,000 (b) Property Acquisition - Property acquisition of land for Phase II of Housing Construction Program, $180,900 (c) Public Improvements - Extension of Ramos Street including storm drain to Trabuco Creek, $40,000 4. Schedule 7th Year - (HCDA Funding): (a) Housing Rehabilitation - Continuation of Home Improvement Loan Program -to be administered by a private lending institution. Additional funding, $50,000 (b) Public Improvements - Construction of new railroad crossing at Mission Street and continuation of roadway easterly to Camino Capistrano and re -construction of Los Rios Street from Verdugo to Del Obispo Street. H. Neighborhood Participation Program: The City has adopted a Citizen's Participation Program. This program is directed by the Los Rios Review Committee which is composed of area residents. The Citizen Participation Program format of Advisory Committee Meeting, workshops, and public hearings has been designed to actively stimulate input from; (1) low and moderate income persons; (2) minority groups, the elderly and the handicapped; (3) residents of areas designated for rehabilitation; and (4) all other persons directly affected by the Community Development Program. I. Relationship to Housing Assistance Plan: Major emphasis has been placed upon rehabilitated housing in the adopted Housing Assistance Plan. As outlined in the neighborhood profile, the Los Rios area maintains the largest proportion of low and moderate income families and dwelling units in need of rehabilitation. The Neighborhood Revitalization Program is consistent with this objective in that it provides a specific program for the maintenance and rehabilitation of existing residential dwelling units (Reference Section E. Strategy Implementation). (Or.c4 // conrinud on ,ddition.l p.p./il .nd .Il.chl R.pl.ce Fom+r HUD-70153.nd HUU-Tul>.., w .C" an, ewwcn rry. i w ..• r •. ( VS OIrAR1 MI NI OF MOUSING AND Uf NDF VELOI•MtNT LU'?,• )LAITY 0LVFL01'r•4ENT AND HOU:ING PLAN SUMMARY COl,vREHENSIVE STRATEGY From: 7/79 To: _ 6/91 LOi r•,, L11-1 CITY OF SAN IJ Original (Cvory Threr Yror,J 0 Rrviaion _ 0 Amenrlrnent 76. rrd S.COMPREHENSIVE STRATEGY: (Protide • nn nnti re in eccordenre Kith intvue tiontJ J. Associated Neighborhood Improvement Programs: The City as part of the implementation program for the Los Rios Precise Plan has funded, committed funds or applied for applicable grants for the following facilities: 1. Los Rios Park - The proposed Los Rios Park has been designed to incorporate a variety of open space activities while providing a buffer between residential and non-residential land uses. The park including on-site parking will encompass approximately 10+ acres. Proposed use areas include picnic areas, open game fields and amphitheater. Funding for land acquisition is proposed to be accomplished by application of federal/state grants and use of Park and Recreation in -lieu fees. Initial land acquisition would be scheduled for 1979 if grant approvals are received. The following represents an approximate funding level. (a) (Federal) Land and Water Conservation Fund Program - application submitted 9/15/78 $450,000.00 (b) (State) Urban Grant Program - application submitted 10/15/78 $238,000.00 (c) City Park and Recreation in -lieu fees $272,000.00 TOTAL $990,000.00 2. Multi -Modal Transportation Terminal - Under the provisions of SB 1879 (State), the City has submitted an application for funding the construction of a multi -modal transportation terminal located easterly of the neighborhood strategy area. Upon implementation the multimodal terminal will provide convenient access for neighborhood residents to a centralized transportation facility. The various modes to be served include Amtrak, Orange County Transit District buses (local, freeway express), and para -transit services. The proposed project funding level is $591,000.00 budgeted iri the following amounts: (a) (State) SB 1879 - application submitted 8/10/78 $356,000.00 (b) City in-kind services $235,000.00 TOTAL $591,000.00 The estimated completion date if grant application is funded would be approximately 6/81. ❑10,/r conrinuadr ddirioru pWltl and arrach) gaWw.e, Frrmr HUD -70163 anA LAUD -7015.41 ..Ai� an oo.deu Fqt 1t of ��.. yaps, NUD4064 I6 -78I 1. f:1 V.LN7 CtF HOUSING AND VHPAN DF VELDP7.IL NT CU'll.' JNITY DLV( LOPMENT AND HOUSING PLAN 5W. -.MARY COM&REHENISIVE STRATEGY I. rL HIUp of ArP LIC AGILITY From: 7/79 To: 6/R1 F 4r r'• A{'. r0"rC (11,'f I: f. Fel fll 1.11-i u+ ,.f r ui, CITY OF SAN M Original (furry Thnr Y-4 0 Revision❑Amendrnent —715—,,,-d7— ,.COMPREHENSIVE STRATEGY: (Grovldr♦ne"n fireM aCroldantr with in arurtiont.J 3. Historic Preservation Program - Rehabilitation and restoration program for the Montanez Adobe. This structure represents possibly one of the oldest residential dwellings in Orange County. Many of the area residents are direct descendents of families associated with the history surrounding the structure. The structure restoration program calls for a tour museum atmosphere which will allow area residents and visitors to become acquainted with their cultural heritage. Funding for the restoration project is currently as follows: (a) Orange County Environmental Management Agency $39,770.00 (b) Orange County HCDA funding $15,000.00 TOTAL $54,770.00 4. HCDA Administration -- Under City Council direction all administrative cost related to the Housing and Community Development Corporation shall be funded by the City. The estimated administrative costs are as follows: (a) 5th year application $ 58,000 (b) 6th year application $ 54,000 (c) 7th year application $ 24,000 $136,000 /� k // ad on addiriona/ qDa/,1 and • rt+chl t R aplaen Ftwmt HUD -70163 and HU0.7016.a, e'A1rr)r an ob deu Pap %.o of j ., Papa HUD 7oW (6-791 E 0 i rriz E ^ O 00 O o w'<Ou M M 0 O r O r W O � Z¢ m N N N or W >CD a $ m Fw 3w Y u U ❑Jm N n H 9 $ .�. Z Z W y r � •' « Z `L W LL LL W OZ W m W LL ¢ N o~ m o: a¢"a f~i ww iL F W — O O O O w w Z N W at ❑ m 0 Om J H N • Z F N a a o ¢ ¢r zx z m W.Q2 O =w 5 22 W OF ¢ m y Wy w i O Ol wZ Q N Y OLL F m e y OJ WLn 3� _ O O z O I �p O w r a0 M m O mZ � O] p H r 7¢I7wzr ZwwO Z x W > V Q ❑ r yJJfmJOJ_(�Sr O ' F G J03�F0❑ o X X X 'X X X X X h a a jz u „ m w ,2 cc W M [,7 M oo M r- M nO zO z Q ¢WLLW¢W$VW 0.O O J5,LL W a n N Is V N O H �O H7N w w w w Hn 1❑ rLL ZZj sN W Ocr W 0 O U w < W Er O r -I N M N N M N N 0 0 6 r = ~ w LL LL W m F a — 01 O) C1 • O o O • H r-1 Y u U Z w J Q J n t\ n W w 00 W W O wO F a d Z mJ r N ❑ •per` •��• Q IIS l\ tV tV W W b0 4J bo bO +) ^ d F En 0 U) H ^ H O a cn w 0.. bo N 0. n W z m e K o p y o>< w a 0 0 N 0 a o m 0 t o o v o z M I v C v � p v p r N i e N O N N O N N N 0 w 'r) y W RS •ri i) I(I •YI iJ [d iJId V Z N ¢ e ¢ _ w W •rl •rl O •.i .rl N .H W r m ; N F •❑c LL z o' o 0 o' 0 cd o a J o r h= ~ a a V {_+ N 6 O Q CC by %� ++ H 00 'T N H 00 H 0 r d x V J En F Q. i+• i'I u N W w 6 a LH O J C "'� N -H .H C) •H .H J Q O - r vl ` N fL O �"1 WGL ti W H Q O N 0 r A � O A O Or u r Q W '{J J w x a Q• W ❑• a ri n. Q W o N ? I4 wi H N M V u7 n W Iu ri a a _Form Approved OMB No. 63-R 1615 U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT 1. NAME OF APPLICANT ANNUAL COMMUNITY DEVELOPMENT PROGRAM City of San Juan Capistrano 7. APPLICATION/GRANT NUMBER PROJECT SUMMARY 3, PERIOD OF APPLICABILITY 4,)51 ORIGINAL leach year) FROM - TO O RE VISION, DATED 7-79 6-80 AMENDMENT.DATED S. NAME OF PROJECT 6.PROJECTNUMBER 7. ENVIRONMENTAL REVIEW STATUS Housing Rehabilitation Loan Program 79.1 Continued Relevance B. ENTITY WITH RESPONSIBILITY FOR CARRYING OUT THE PROJECT 9. TELEPHONE NUMBER Community Planninf' and Develonment 714 493-2171 10. DESCRIPTION OF PROJECT Continuation of Housing Rehabilitation Loan Program which will provide low-interest loans and fix -up grants to preserve existing residential structures. O Check if continued on additional page(s) and attach. /1. CENSUS TRACTIS)/ENUMERATION DISTRICT(S) 423.04 17. ANTICIPATED ACCOMPLISHMENTS Maintain existing low -moderate income housing for Los Rios neighborhood. O Check it continued on additional pages) and attach. 13. CDBG COMPONENT ACTIVITIES PROGRAM.YEAR FUNDS fin thousands of$) (List component/crivities winDnsmes Of,,CO7tim shown CDBG OTHER Jn Part A, COSTSUMMARY, form HUD -7067./ LOW/MOO OTHER s BENEFIT BENEFIT AMOUNT SOURCE (s) IN (c) (d) (e) Street Improvements $ 35 $ $ 7 Local-Applican Non -Profit Housinz Corp. 180.9 36 T.nrnl-Annliran E 14. Totals �S 215,9 IS IS 43 Local-Applic 15. Total Costs To Be Paid With Community Development Block Grant Funds /Sum of Columns band e) $ 215.9 Replace Form HUD -7015.1, which a Ohmlete Page / of �; pages _ t 16781 i Form Approved OMR Nn r,1.R1R1n U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ANNUAL COMMUNITY DEVELOPMENT PROGRAM PROJECT SUMMARY 1. NAME.OF APPLICANT City of San Juan Capistrano 7. APPLICATION/GRANT NUMBER 3. PERIOD OF APPLICABILITY I�rv7y 4. LORIGINAL (each yeall LA ❑ REVISION.DATED ❑ AMENDMENT. DATED FROM 7-79 TO 6-80 6. NAME OF PROJECT Property Acquisition(Housing) 6.PROJECT NUMBER 79.2 7. ENVIRONMENTAL REVIEW STATUS Continued Relevance O. ENTITY WITH RESPONSIBILITY FOR CARRYING OUT THE PROJECT Community Planning and Develo ment B. TELEPHONE NUMBER 14 -217 10. DESCRIPTION OF PROJECT Property acquisition for Phase I Housing Program to be , administered by non-profit housing corporation ❑ Check if continued on additional page(s) and attach. 11. CENSUS TRACT(S)/ENUMERATION DISTRICT(S) 423.04 12. ANTICIPATED ACCOMPLISHMENTS Acquisition of property with existing units in order to prevent displacement of low and moderate income families. ❑ Check i1 continued on additional pages) and attach. 13. CDBG COMPONENT ACTIVITIES (Lirteomponentactivi(ier using names of activities shown in Part A, COSTSUMMARY, FOnn HUD-7067.1LOW/MOD PROGRAM,YEAR FUNDS (in thousands of Sl CDBG OTHER BENEFIT OTHER I BENEFIT AMOUNT SOURCE (s) (bl (c) ml (el Housing Rehabilitation of $ $ S Private Properties 75 is Local -Applicant Street Im rovements 35 7 Loca*l-ADDlicant 14. Totals 5110 S $ 22 Local -Applicant 15. Total Costs To Be Paid With Community Development Block Grant Funds (Sum of Columns b and e) $ Iles Replaces Form HUD -7015.1, which is Obsolete Page �, of y Pages HUD -706616-781 Form Approved OMB No. 63 RIG19 VS. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ANNUALCOMMUNITY DEVELOPMENT PROGRAM • PROJECT SUMMARY /. NAME OF APPLICANT , City Of San Junn Capistrann 2. APPLICATION/G RANT NUMBER 3. PERIOD OF APPLICABILITY 4. 33 ORIGINAL (each year) 0 REVISION, DATED 0 AMENDMENT, DATED FROM 7-79 To 6-86 5. NAME OF PROJECT Public Improvements (Los Rios St.) 6. PROJECT NUMBER 79.3 7. ENVIRONMENTAL REVIEW STATUS Continued Relevance 8 ENTITY WITH RESPONSIBILITY FOR CARRYING OUT THE PROJECT Community Planning And Development B. TELEPHONE NUMBER 49A-71 71 10. DESCRIPTION OF PROJECT Replacement and reconstruction of Los Rios Street from Ramos Street to Verdugo Street which will include new street section and storm drain facility. 0 Check if continued on additional pages) and attach. 11. CENSUS TRACT(S)/EN VMERATION DISTRICT(S) ' 423.04 12. ANTICIPATED ACCOMPLISHMENTS Replace substandard and deteriorated street, and correction of current flooding problems. O Check if continued on additional pagefs) and attach. 13. CDBG COMPONENT ACTIVITIES (Lief component activities using names ofacdviries shown In Part A, COSTSUMMARY, Form HUD -7067.) PROGRAM,YEAR FUNDS (in thousands of $l COBG OTHER LOW/MoD BENEFIT OTHER BENEFIT AMOUNT SOURCE tot IN Icl (d) (e1 Housing Rehabilitation of $ $ $ Private Properties 75 15 Local-AQ121icant 14, Totals S ')S5 n $ $ 15. Total Costs To Be Paid With Community Development Block Grant Funds fSum of Columns b and c) $ 255-9 Replaces Form HUD -7015.1, which it Obsolete }sage '5 of 7> Pages HUD -7066 1678) Form Approved OMB No. 63 81619 U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ANNUAL COMMUNITY DEVELOPMENT PROGRAM • COST SUMMARY 1. NAME OF APPLICANT City of San Juan Capistrano 2. APPLICATION/GRANT NUMBER 3. PERIOD OF APPLICABILITY �y 4. R ORIGINAL teach yearl 0 REVISION,DATED AMENDMENT,DATED FROM 7_79 TO 6-80 Line PART A. SUMMARY OF PROGRAM ACTIVITY (Important: See instructions before classifying costs./ AMOUNT FOR HUD USE ONLY 7 Acquisition of Real Property $ $ 2 Disposition NA 3 Public Facilities and Improvements - a Senior Centers NA b Parks, Playgrounds and Other Recreational Facilities NA C Centers for the Handicapped NA d Neighborhood Facilities e Solid Waste Disposal Facilities NA f. Fire Protection Facilities and Equipment _ NA g Parking Facilities NA h Public Utilities, Other Than Water and Sewer Facilities NA I Street Improvements J Water and Sewer Facilities NA k Foundations and Platforms for Air Rights Sites t I Pedestrian Malls and Walkways NA m Flood and Drainage Facilities n Specially Authorized Public Facilities and Improvements (List) NA (1) $ (2) (3) 4 Clearance Activities NA 5 Public Services NA 6 Interim Assistance MA 7 Completion of Previously Approved Urban Renewal Projects Replaces Form HUD -7015.5, which is Obsolete Page 'Of 4 P39cs HUD -7067 1678) 0 Page 2 of 4 Pages HUD•7067 16.76) AMOUNT FOR HUD USE ONLY 8 Relocation Payments and Assistance $ NA $ 9 Payments for Loss of Rental Income NA 10 Removal of Architectural Barriers NA 11 Specially Authorized Assistance to Privately Owned Utilities NA 12 Rehabilitation and Preservation Activities a Rehabilitation of Public Residential Structures NA b Public Housing Modernization NA C Rehabilitation of Private Properties d Code Enforcement NA e Historic Preservation NA 13 Specially Authorized Economic Development Activities a Acquisition for Economic Development NA b Public Facilities and Improvements for Economic Development NA C Commercial and Industrial Facilities NA 14 Special Activities By Local Development Corporations, Etc. (List) a Non -Profit Housinjz Corporation $180,900 b C d 15 SUBTOTAL 2--90-,-90-( 16 Planning and Urban Environmental Design (See Part B of this form.) a Development of a Comprehensive Community Development Plan Is Development of a Policy -Planning -Management Capacity e Specially Authorized Comprehensive Planning Activities 17 General Administration (From Part C, Line 6) 1a Contingencies and/or Local Option Activities (Not to exceed 10% of amount shown in Part D, Line 1) 19 TOTAL PROGRAM COSTS fSum of Lines 15 through 18) $ $ Page 2 of 4 Pages HUD•7067 16.76) 0 0 Page 3 of 4 pages - PART B. DESCRIPTION OF PLANNING AND URBAN ENVIRONMENTAL DESIGN COSTS 0 Check if continued on additionalpage(sl and attach. Line PART C. GENERAL ADMINISTRATION COSTS (see instructions for descriptions of administration activities before classifying costs below) AMOUNT FOR HUD USE ONLY I General Management, Oversight and Coordination $ $ 2 Indirect Costs (Allowable if charged pursuant to a cost allocation plan) 3 Citizen Participation 4 Environmental Studies Necessary to Comply With Environmental Regulations 5 I Other (List) a $ b C d s 6 Total General Administration Costs (Sum of Lines t through 5) $ 0.0 $ Page 3 of 4 pages Page 4 of 4 pages HUD -7067 (678) Line PART D. BLOCK GRANT RESOURCES FOR PROGRAM COSTS AMOUNT FOR HUD USE ONLY 1 Entitlement Amount $290.900 $ 2 Less: Repayment of Urban Renewal/NDP Loans (Attach Schedule) $ NA 3 Grant Withheld for Repayment of HUD -Guaranteed Loan $ NA 4 Grant Amount For Program Activities (Line 1 minus sum of Lines? and 3) $290,900 $ 5 Program Income $ NA $ 6. Surplus From Urban Renewal/NDP Settlement $ NA $ 7 Loan Proceeds $ NA $ 6 Reprogrammed Unobligated Funds From Prior Program Year (Attach Schedule) $ NA $ 9 TOTAL BLOCK GRANT RESOURCES FOR PROGRAM COSTS (Sum of Lines 4 thru B) $2 $ Line PART E. SUMMARY OF PROGRAM BENEFIT AMOUNT FOR HUD USE ONLY 1 Costs Subject to Program Benefit Rules $290,900 $ 2 Expenditures Principally Benefitting Low- and Moderate -Income Persons $290,900 $ 3 Line 2 as a Percent of Line 1 1 100 % % 4 Other Expenditures $ $ 5 Line 4 as a Percent of Line 1 0 % % Page 4 of 4 pages HUD -7067 (678) 1 Cd y (CU� o ~ n moi. 00 c C) nl zi pl M.• ui •-j---- __---- it ° 0) rn of Cl N o b , M M 1j V1 �'I �`OZ m, = o 0 0 o I ow wl OI .--II N G7 < I V - ti � X C F 0 t O � r-I� I � N= C• G -n ° Z J ti W I Vll I I I to N S S o i 0 l LL.y . O< m G ¢( I a w» = �• _ _ = ` A .-zoc a `f f � v ' e ? I r: I OW k Y� j _ j c( I :� •�I •i � a Y i .`nom J �� °� sl �i � = c� vim+. 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I lrr 111.E Gi)LNT e11()•iIIAM MOUSING ASSISTANCE PIAN IAIV.`- :11 THEIEE YEAR HOU.r.ING 1•11000AM ---_---- TWILL YEAR GLIAL •_ ] 1.11WIU0I AIPLIi.P11IItTY KCS'- 1114rA 1'l PLIfYaI 1QL,. 1979 1981 C TY I$- ACO SOURCES Of HOI)SING ASSISTANCE 1 P� fob' r n11•.• Ilnalrn•l 4o.u.•x..: Inr 110n•:4.vnr•1 _ ; __.., i.r •. :.. rrvmm� Aumm�r:e Lr r'omro.-n.nn .-.-_. _l__ _��•I.rY�iny Av e.)P .n S I 7. Fr . l .. -,nr4n Prim+cr f41 Ilan rn..r.en _ lL 1- n' res G. 7.nA71 H .r•u.r'• Section 8 .. n Il. A\lnunl r lar Ilwn.ownol I, . . V -l".• lvl•r ln7I 'OAd •. nh L,r I l:wy n5 /Uaivanrn lot llrnun It. 14 }nd!81 111- LI•II„Iln rrrl Ilona ..... ._... ....._ .-_.- 1' 1 rJr } Iv Pfull rd P,a,ln,l 14 i /Lr..pulr arinn nr Hmml Unm. _ /tr•nr ./ nn.v 15. Tn a'1J NI . 15 ..... 1: ......... 1, U.vel wn,,m Illn11 IR 1 au r<Ily A,anitJ 10 ....] f 1.a.ny Lrn..d Uofn IN, -1- nl :11_11 19.nd 101_._ 19 77H.:un .f, AIINMn• r la.r I1wnoN Ar P<ra<•1 n•y ••A Inwl•d•4"1 Tv.- 21-- nl--- i7l E. i }.:.mn 1,,un r 1 onvP'ly Anll Annul.0 VnbV Prl • of IlnolrnulJ TVIr nrlr •\ r • N-. 111 •11 "'It" •11.1 City of San -Juan apis.tr.ano. LI.1•I Ilr\ 'r N.'.; IIA 111 111/MITI 11 XX r`.....ln 41 0 ' . _.0.- I 1 `---NUMPEll AIAI .V'•A•i• 11I\ll 40 —_---- —22 01 Lowl I I.NIcumc la ll/6i l lot OS 12 -_. 22 . TOM : /t!C:ISTLO 0 0 I 1 PI NI'1.Ivi 1.68 Lt UI'pIY ''V 1 0 .. X 5M/.1 t LAIIGF 22 - ryTlnl rrA FAMILY f4MILY HM,Lm•; 14.0 IIA.vI,I •a 1",..11 ' ,,S 4r rn... ttrl I CA'•PEb� n<n... 1' i rr.nmJ rr' rel 90 i 12 66 12 0 Q.. 90 1 12 L.__66 20 6-- 70 6 i 5.8. i 6 _..—_.. 73.3 r 12.6 IW, .. 208 34 1 l - 145. .29-- 0 0 ' . _.0.- 40 1 .12- ... —22 40 12 -_. 22 . ..._6.— �._ 19,1 0 0 Il 1 1.68 22.. 0 1 0 .. X A. -A.-- 168 168 22 - - 123 11;• +_16.3 +• 69.7 '`' 14.0 IIA I:H/.T"'/F (Aft..h add,rinnJl shrefsit nn:r'sary a,,./ llLwdv YAlfh ilenrs ohne•:' 1 11"-M0t1 units In IU- Urorldnl slICIA.Lally Inr I•n• 11.11 IL1 .q -:N'A ' 7 1i••y1:I lhr fb, p,"i,.•m hvNI under this pte.10", T (1,.•: Idly eh.n, ,:I,ont ,.rt etsaly to Ix Jilall. tl ............ ........ ul [hr 'pall CMC r. II APPLICANT YAS14 11 Tit At V It ALL ST Al} trV U4 111 1111; INC. P 1101-IM.A1.: HUC..TfPT OMU Ne. 61 A, 1f1 F'a%.i . DEv ,11 r.f N'r or l,oUsu.c ..No un Df VflDryl vT I. N4uF nr API'LIC -4 - —_- Mmk-111WY 0EVFIC1.t NT n 10C III' A NT eRgcn,u _ City of San Juan Capistrano MOUSING ASSISI ANCE RAN -f, AIPl1�A>r4N/GnANI NlINr11 N -T--I--T–''7--� TAU Lt IV -GENERAL LOCATIONS FOR PROPOSED -r T—J�� 1 , I 1 ' 1 HOUSING L1_AI. 11_ILIL�I – IJ_ -1 3. PEROU OF APPLICABILITY ' /_,.'.1,[GY=-'•. aXl)`i.XgnIL IN AI 1 ql Vl!.IJN. ?A•E p�Clu , 1979 1981.41 ��--� A. IDENTIFY GENERAL 1 OCATIONS ON MAP IN TIIIS AMLICATION 1, New C msvuci ion: Census Tract (IF Enumer alion DnNcI NW91-o. Or ulh, , h1 al,-jl 1, itinh-_on--�_—•-_'_ __ 2. Rrlub,4laDo,i: Census Tract or Enumeration District N ... vdwrs, Cr -Ihel localRlnul d"1iUnntion__-,— Census Tract 423.04amore specifically the target area is generally referred to as the Los Rios Area. This area is bounded on the northby Tract 7196 (Mission Village), on the east by the Santa - Fe Railroad right-of-way, south by Del Obispo Street; and west by Trabuco Creek. 0. EXPLANATION OF SELEL-IION OF GENERAL LOCATIONS 1. New Co"slniclinrt Target area is the oldest neighborhood in Orange County with some structures built around 1790. A majority of the area consist of low and moderate income families within a concentrated area of substandard housing. The housing strategy outlined in this application is designed to concentrate funding to correct current deficiencies. U r•,a� •Il•.r. r•1 •Jl lll'rll$IrII�ANt. Ilull•\I. l%'. YI IC'•'Ml rll .1 4•I Nlr'I 1)I vlll.l•MINr lilt,, I. l.11nY) III, K-.I'.)•A IIOUr+INC ASSISTANLE PIAN T!•Ut 1: V . ANNUAL HOUSIN AC TION PIIOGIIAM ANNUAL GOAL 1 PI:IIOI)CI APV LICAUII I Iv 11••14 1C/ 1979 1980 j 4 F oro• AI'ura•.xld -LILTt-0 GJ I,- 1 Nn\II nl nl'l I.ICAN)� City of San_Juan_ Capistrano — A"' 1 ICII1q N.'U n n N T H V b1 u f-1)�-7�-��'—'jI''''T— I� I 1 I 1 1 I I KI:Y. I ' )txx It n.r<A1- FUNCII i CODEI 1'1 V•GHv., JnTI __. —_ _. �— —.___ I Y. -I. S PNC SOUIIC IS Of 140USINC AL515TANCI. i,i IA; T .l y ,', • .. Ilnaun)y Auiunntr )or Ilnnauv.nen 1...,n ..1 . ,n✓ 51 � l Ntn::n nmrtbon An ntmlu for Ilomrownbl .. _. . � ' � 1 rar. ,I:t Aunlul ProyIvm 5 i 2•:a .+L.4,.pIxl Aununlr lur Hun..ownrn hr.Ir n/•.nu 6. lAnd 81 .a C...... w•I.1y D:-..Iant•e nl H.. Oann / I 1 .b•,.4 A.*-.-, Pro$. yln . _.•. ___.-__.--. _ _ ....... _ it .0 l .1.$ 1.. Al ' ,r Ilµn ny AvV,lnrr 1.v'PM•lu 1. .. - . 1... •r .rr 6n -a 1 1, 14 vnd 1.91 b. ... .n..1 IJ n.J 171 n - I.,.r•,nr nssnate v, I,y..m.. IJ H. •.. ed. .Ibnn 41 (Imgl lhutf.. _. __._._. ._.. _._.. hl.:n el'.m�t lS, rf, ane Nl 1 I..b .a11 r nun P,. Pen,\ 7 ,.., .,., 1,e.•Ll u.Iro Ir..•' ✓1 a11 19 and 70I ----- _..---Section 8 ---- --__-_V NUWIII 11 Of LO)YI!A INCOME HOUSr.HOLUS TO D( ASSIST[n ELPLOILY <IIALL LAIIGI: FAMILY FAMILY TVrAI. I and /I o.fm f5mmu. tl IIANDL i pr.I o.ul APPED � proo d/ 20 '- 6 i 8 - -- 0 - 8 0 Q ---� L)_.—. . 0. -_ D--- --0_. 108 q_._ 0 i _. a .._-.—. _..._0---._.._ 0 o 0 20 6 - _. 20 _� .. 1 _ _ 11. _•--_--0--_—_ --� _... 0 NA1111 l.' I V I I d+far'h adJi tion.✓ shern i/ncYr.:S.vey nu✓ n.'enblY w,;6 rnvoF j,"we) �� 1 1 ,1.1 u11e Nu.Iy to Ia P",vl,ln,l aUet'ILr..J ly for Il.r L..ndKaPl)r'J - 7 1'a•'. li1F the Drogl.un5 LNaA uuAlH Ihn C.Ih•nny. 3 14 I.Ir tLnve ae:Ion; erl. a Limy to 1;,: d11.11c II.; aa:rompl•.Iu1.: uI IA the 9nalf. nr h•nf nP): 'IeR 1.101V,JI $arllmia.uu yI.�)Ju'•d.le) 1. 11 and IV.,I the It H r,• Yrx AP all," oved AA• 1 .� ? (.. ] I 1Oe 4u,rq pVl•L•II 11, r. .. a mI Jnd are Iml (Umar ed In It)q J,,,,ndi /f/III./1 I YH1 fupnn5)iun HUD -709b, 1 2 3 4 :7 :$ Agreement No. C26270 COUNTY OF ORANGE F.NVIRm mt.,NTAL HANACE. iNT AGENCY HOUSING AND COHMUNITY DEVELOPMNT CONTRACT TITLE. OF PROJF.CTt Neighborhood Housing Rehabilitation p MEMORANDUM OF CONTRACT entered into this ��day 1979. BY AND BETWEEN and CITY OF San Juan Capistrano a municipal cor- poration, 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 6 1977, hereinafter referred to as COUNTY. ° tJ I T N E S S E T H WHEREAS, COUNTY and CITY previously entered into a Cooperation Agreement, dated November 28, 1.978, in which both parties agreed to cooperate in the undertaking, or assist in the undertaking, of community development and housing assistance activ- ities, and WHEREAS, the CITY has submitted to the COUNTY an application for funding of a project(s) hereinafter described, and WHEREAS, the COUNTY has entered into separate agreement dated July 31, 1979, with the U. S. Department of }lousing and Urban Development (hereinafter designated as HUD) to fund said project(s) under the Housing and Community Development Act of 1974 and 1977. NOW, THEREFORE, 1T 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", are part of this contract. apply: 1. For the PURPOSES OF THIS CONTRACT ,the following definitions shall a. Project Manager: The party responsible for, but whose responsibility 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 is not limited to the following: Contracting, monitoring and implementing the project.) b. Director: The Director of the County of Orange Environmental Management Agency. c. Reimbursable Basis: The procedure by which the COUNTY will 'reimburses the CITY for expenses incurred related to subject project. 2. It is understood that the CITY is solely responsible for implementation of the project(s), described herein as: Neighborhood Housing Rehabilitation: The loan and grant program will provide low-interest loans and fix -up grants to benefit low- and moderate -income residents within the service area (see map Exhibit B and CITY'S Home Improvement Program Exhibit C). Project will generate approximately 12 to 15 loans by June, 1980. 3. This contract provides that the CITY: a. Shall submit to COUNTY a complete description of the project(s) proposed to be conducted by CITY hereunder, including detailed estimated costs thereof. Said project(s) description and any amendments thereto scall be submitted to and approved by the COUNTY, prior to commencement by CITY of such.project. COUNTY shall not be liable for any costs.which exceed said estimated project(s) costs. b. Agrees to act as Project Manager for said project(s) and to submit any and all contracts funded through this agreement to COUNTY for review prior to award of such contracts by CITY. c. Agrees that all work shall be in accordance with CITY's governing building and safety codes. d. Shall maintain accounting records, official files, and other evidence pertaining to costs incurred pursuant to all applicable HUD regulations, and all of these shall be accessible for the purpose of making surveys, audits and examinations by duly authorized representatives of COUNTY or HUD. These records shall be kept available at CITY'S office during the contract period and thereafter for three (3) years from the date of final payment of HUD Community Development -2- Block Grant Funds. e. Agrees that the project developed under this program must be re- tained for Community Development purposes as defined by applicable HUD provisions and at a level of operations and maintenance adequate to insure maximum utilization of the project by low and moderate income families. f. Agrees that the Director, shall evaluate the CITY's progress in complying with the terms of this contract six months after the execution thereof, and each six months thereafter. CITY shall. cooperate fully in such evaluation. The Director, shall report the finding of each evaluation to the City Council of CITY and the 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 terminate the contract or withhold further funding on the project pending resolution of the unsatisfactory conditions. In addition, the Board of Supervisors may require reimbursement of any funds that are determined by such body to be improperly expended or not expended on the project in a timely manner. g. Agrees that if it is subsequently determined by COUNTY or HUD that said funds were not expended in compliance with the federal laws and reg- ulations, CITY will refund to COUNTY such sums which were improperly expended. h. Will assume responsibility for the California Environmental Quality Act requirements and will provide COUNTY with necessary information to comply with the National Environmental Policy Act. 4. Project Funding: a. This project will be financed as follows: Seventy -Five Thousand Dollars and no/100 ($75,010.00) Block Grant funds. b. Payment by the COUNTY to the CITY shall be on a reimbursable basis unless the CITY has been authorized and issued cash advances by COUNTY under this agreement. c. Cash advances requested by the CITY under this agreement shall be -3- made by the COUNTY to the CITY if the following conditions are met: (1) The CITY has demonstrated to the Director through certifica- tion in a form prescribed by the Director and subsequently through performance, its willingness and ability to establish procedures that will minimize the time elapsing between the transfer of funds to it and its disbursement of such funds. (2) The CITY certifies to the 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. (3) The CITY complies with the cash advance procedures as shall be required by the Financial Procedures of the Housing and Community Development Division of Orange County Environmental Management Agency (hereinafter EMA). If, subsequently, the CITY is found to be in non-compliance with the above, the CITY shall be paid only on the aforementioned reimbursable basis and, if necessary, agrees to reimburse the COUNTY for any monetary damages the COUNTY may incur for the CITY's non-compliance. d. Reimbursable basis payments, as referred to in section 4.b. above, and/or cash advances described in 4.c. above, will be made in accordance with the financial procedures as shall be required by EMA. In the event of conflict between said 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. Neither COUNTY nor any officer nor employee thereof shall be respon- sible for any damage or liability 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. It is also understood and agreed that, pursuant to Government Code Section 895.4, CITY shall fully indemnify, defend and hold COUNTY harmless from any liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of any action or omission of CITY uneer -4- 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 or in connection with any work, authority or jurisdiction delegated to CITY under this contract. 6. 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 under or in connection with any work, authority or jurisdiction not delegated to CITY under.this agreement. It is also understood and agreed that, pursuant to Government Code Section 895.4 COUNTY shall fully indemnify, defend and hold CITY harmless from any liability imposed for injury (as defined by 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 not delegated by CITY under this agreement-. 7. In the event of CITY's failure to comply with the provisions of this Contract, COUNTY may withhold funds and/or allocate funds to another activity considered by the COUNTY to be in compliance with the Act. -5- I 2 3 4I 5i 61 7 8 9 10, 11 12 13 14� 15j 16 i 17 I 18 1 19 20 21 22 23 24 25 26 27 281 f # IN WITNESS THEREOF, CITY has caused this contract to he executed by its Mayor and attested by its Clerk and COUNTY has caused this contract to be executed by the Chairman of the Board of Supervisors and attested by its Clerk, all having been duly authorized by the City Council of CITY and the Orange County Board of Supervisors Dated: November 7, 1979 ATTEST: ,City Clerk L— SIGNED .AND CERTIFIED THAT ,A COPY OF 'IVIS DOCUMENT HAS BEEN DELIVERED To THE CHAIRMAN OF THE BOARD. — JUNr: �nv FI�v Clerk of the Boni.ard of Supervisors of Orange County, California APPROVED AS TO FORM: ADRIAN KUYPER, County Counsel ORANGE COUNTY, CALIFORNIA U/CD _ c _ .�- MM:dec i40a(I ) -6- CITY OF San Juan Capistrano By KENNETH E. FRIESS, MAYOR • C9UNTY OF ORANGE, a political subdivision of the State of California .nair.an of the BoarK of Supervisors COUNTY APPROVED AS TO FORM CIW Al PORI`'ICY Exhibit "A" to COUNTY/CITY Contract SPECIAL PROVISIONS A. Section 3 - Compliance kith the -Provision of Training Employment and Busiress opportunity The CITY shall cause or require to be inserted in full in all contract! and subcontracts for work financed in whole or part with Federal financial assistance provided under this Contract, tike Section 3 clause set forth in 21, CFR 135.20(b). The CITIY will provide such copies of 2/, CFR Part 135, as may be necessary for the informa- tion 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 given lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in or owned in substantial part by persons residing in the area of the project - Tile 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. 'Phe CI'"Y 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 Lt�velopment, 24 CFR 135. The contractor will not subcontract with any sub- contractor where it has notice or knowledge that the letter has been found in vio- lation of regulations under 24 CFR 135. The parties to this contract certify and agree that they are under no contract;ial or other disabil;ty whish would prevent thea from cdmply3_n3 with these requirements. (Source: Vol. 38, No. 203: Title -14. CFR 135) ' - B. Equal Employment Opportunity 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 C:TY shall take affirmative action to insure that applicants for employment are employed and that employees are treated during employment, with- out regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to, the following: employneut, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay, or other form, compensation; and selection for training, including apprentice- ship. The CI"_Y shall post in conspicuous places, available to employees and appli- cants for employment, notices to be provided by the COUNTY setting forth the provi- sions 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, set or national. origin. The CITY shall incorporate the fore- going rcquiremc-ats 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 progran cork..Such contracts shall he subject to HUD Equal Employnent Opportunity regulations A CFR Part 130 as applicable to ?IUD assisted construction contracts. —he 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 revelations which is paid for, in whole or in.part with assistance under the Contract, the following equal opportunity clause: follows: "During the performance of this contract, the contractor agrees as 1. The contractor will not discriminate against any employee or ap- plicant 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 are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action -shall include, but not be Page 2 of 13 I I I , or federally assisted construction contract in accordance with procedures authorized 2 in Executive Order 11246 of September 24, 1965, or by rules, regulations or order of 3 the Secretary of Labor or as otherwise provided by law. 4 7. The contractor will include the portion of the sentence immediately 5 preceeding paragraph (1). beginning with the words "During the performance o.`...." and 6 the provisions of paragraphs (1) through (7) in every suhcontract or purchase order 7 unless exempted by rules, regulations or orders of the Secretary of Labor issued 8 pursuant to Section 204 of the Executive Order 11246 of September 24, 1965, so that 9 such provisions will be binding upon each subcontractor or vendor. The contractor 10 will take such action with respect to any subcontract or purchase order as the 111 Department may direct as a means of enforcing such provisions, including, sanctions 12 for noncompliance; provided, however, that in the event a contractor becomes involved 13 in, or is threatened with, litigation with a subcontractor or vendor as a result of 14 such direction by the Department the contractor may request the United States to an - 15 ter into such litigation to protect the interest of the United States." 16 The CITY further agrees that it will be bound by the above equal opportunity 17 clause with respect to its own employement practices when it participates in federally 1$ assisted construction work. The above equal opportunity clause is not applicable to 19 any agency, instrumentality or subdivision of such CITY which does not participate in 20 work on or under the contract. 21 The CITY agrees that it will assist and cooperate actively with COUNTY, HUD 22 and the Secretary of Labor in obtaining the compliance of contractors and subcon- 23 tractors with the equal opportunity clause and the rules, regulations and relevant 24 orders of the Secretary of Labor; that it will furnish the COUNTY, 111D and the Secre- 25 tary of Labor such information as they may require for the supervisions of such com- 26 pliance; and,that it will otherwise assist the above parties in the discharge of its i, 27 primary responsibility for securing compliance. . 28, The CITY further agrees that it will -refrain from.entering into .any con - 4 of 13 1 limited to, the following: Employment, upnradin,,, demotion or transfer, recruitment 2 advertising, layoff or termination; rates of pay or other forms of compensation and 3 selection for training, including apprenticeship. The contractor agrees to post in 4 conspicuous places, available to employees and applicants for employment, notices to 5 be provided by the CITY setting forth the provisions of this nondiscrimination 6 clause. 7 2. The Contractor will, in. all solicitations or advertisements for 8 employees placed by or on behalf of the contractor state that all qualified appli- 9 cants will receive consideration for employment without regard to race, color, 10 religion, sex or national origin. 11 3. The contractor will send to each labor union or representative of 12 workers with which he has a collective bargaining agreement or other contract or 13 understanding, a notice advising, the said labor union or worker's representatives of 14 the contractor's commitment under Section 202 of Executive Order 11246 of September 15 24, 1965, and shall post copies of the notice in conspicuous places available to em - 16 ployees and applicants for employment. 17 4. The contractor will comply with all provisions of Executive Order 18 11246 of September 24, .1965 and of the rules, regulations and relevant orders of the 19 Secretary of Labor. 20 5. The contractor will furnish all information and reports required by 21 Executive Order 11246 of September 24, 1965. and by the rules, regulations and order 22 of the Secretary of Labor or *pursuant thereto and will permit access to his books, 23 records and accounts by the Department and the Secretary of Labor for purposes of in - 24 vestigation to ascertain compliance with such rules, regulations and orders. 25 6. In the event of the contractor's noncompliance with the nondis- - 26 crimination clauses of this contract or with any of such rules, regulations or '-29 -orders:, this coutracf' may be canceled, terminated or suspended: in, whole_ or in; part;;. 28 and the contractor may be decl.ared ineligible fur further Government contracts ' 1 1 part of this contract. 2 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 4 any applicable regulations of the Department of Labor to receive an award of such 5 contract. (Source: :i/CD Funding Agreeriont P7) 6 All documents submitted by the CITY to the COIENTY which are required 7 for compliance with the Fedefal Labor standards, shall be certified as being true, 8 accurate, and complete by the City Engineer or the.Director of Public Forks. 9 (^ource: Orange County R/CD) 10 D. Non-Discrininati_on 11 The CITY in any activity directly or indirectly financed under this 12 contract, shall comply with: 1$ 1. Title VI of the Civil Rights Act of 1964 (Pub. L. 88-352), and the 14 regulations issued pursuant thereto (24 CFR Part 1), which provides that no person in 15 the United States shall on the grounds of race, color, or national origin, be exclu- 16 ded from participation in, be denied the benefits of, or be otherwise subjected to 17 discrimination under any program or activity for which the applicant receives Federal 18 financial assistance and will immediately take any measures necessary to effectuate 19 this assurance. If any real property or structure thereon is provided or improved 20 with the aid of. Federal financial assistance extended to the applicant, this assurance 21 shall obligate the applicant, or in the case of any transfer of such property, any 22 transferee, for the period during which the -real property or structure is used for 23a purpose for which the Federal financial assistance is extended, or for another pur- pose involving the provision of similar services or benefits. 25 2. Title VIII of the Civil Rights Act of 1968 (Pub. L. 90-284), as 26 amended, administering all programs and activities relating to housing and community 27 development in a manner to affirmatively further. fain. ousj.ng;_.and will, take„action' 28t affirmatively further fair housln;; In the sale .or rental of housing, the financing I tract or contract modification subject to ^xecutive Order 11246 of September 21,, 2 1965, with a contractor debarred from or who has not demonstrated eligibility for, 3 Covernment contracts and federally assisted construction contracts pursuant to the 4 executive order and will carry out such sanctions and penalties for violation of 5 equal opportunity clause as may be imposed upon contractors and subcontractors by 6 by HUD or the Secretary of Labor pursuant to Part II, Subpart B of the Executive 7 Order. In addition, the CITY agrees that if it fails or refuses to comply with these 8 undertakings, the COUNTY may take any or all of the following actions: Cancel, ter - 9 -urinate or suspend in whole or in part the grant or loan guarantee; refrain from ex - 10 tending any further assistance to the CITY under the program with respect to which 11 the failure or refusal occurred until satisfactory assurance of future compliance. has 12 been received from such CO` RACTOR (Source: H/CD Funding Agreement #4 and F:cecutive 13 Order 11246, Part I1, Subpart 3, Section 202) 14 C. Federal Labor Standards 15 Except with respect to the rehabilitation of residential property de - 16 signed for residential use for less than eight families, the CITY and all contractors 17 engaged under contracts in excess of $2,000 for the construction, prosecution, com- pletion or repair of any building or work financed in whole or in part with assist - '19 ance provided under this contract, shall comply with HUD requirements pertaining to 20 such contracts and the applicable requirements of the regulations of the Department 21 of Labor under 29 CFR Parts 3 (Copeland Act), 5, and 5a (Davis -Bacon Act), governing 22 the payment of wages and the ratio of apprentices and trainees to journeymen: Pro - 23 vided, that if wage rates higher than those required under such regulations are im- 24 posed by state or local law, nothing hereunder is intended to relieve the CITY of its 25 obligation, if any, to require payment of the higher rates. The CITY shall cause or .,26 :.-.require to be inserted in full, in.all such. contracts subject to, such regulations,..... - 27 i provisions meeting the.requirements.of 29, CFR 5.5 and for such, contracts in. excess of, 28 $10,000, 29 CPR 5a.3. The "Federal tabor Standards Provisions" (HUD 4010) are made f 1 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 570.602(b). 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 570.602(a); b. Provide relocation payments and offer relocation assistance as describe(i in Section 205 of the Uniform Relocation Assistance Act to all persons dis- placed as a result of acquisition of real property for an activity assisted under the Community Development Block Grant Program. Such payments and assistance.shall be provided in a fair and consistent and equitable manner that insures that the reloca- tion 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; 3. Assure that, within a reasonable period of time prior to displace- ment, 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 A. Inform affected persons of the relocation assistance, policies and procedures set forth in the regulations at 24 CFR Part 42 and 570.602(a). (Source: Vol. 43, No. Al Title 24 CFR Part 570.307 (n & o). G. Lead -Rased Paint Hazards The construction or rehabilitation of residential structures with as- sistance provided under this Contract is subject to the :IUD Lead -Base Paint regula- tions, 24 CFR Part 35., Any grants or loans made by the CITY or wort, 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. Page 8 of 13 of housing, and the provision of brokerage services. 3. Section 109 of the flousin; and Co-mmunity Development Act of 1974, and tine regulations i_ssuad pursuant thereto (2A CFR Part 570.601), which provides that no person in the rnited 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. A. Executive order 11063 on equal opportunity in housing and nondis- crimination in the sale or rental of housing built with Federal assistance. (Source: Vol. 43, Mo. 41, Title 24 CFR Part 570.307 (L 1-4)) F. 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 rr facility (other than a privately owned resi- dential 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," ?dumber A -117.1-R 1971, subject to the exceptions contained in Al CFR 101-19.604. The CITY will be responsible for conducting inspections to insure compliance with these speci- fications by any contractor or subcontractor (Source: 24 CFR Part 570.307 (K)) F. Relocation 1. The CITY in any activity directly or indirectly financed under this contract shall: a. To the greatest extent practicable under State law, comply with Sections 301 and 302 of Title III (UniCorri Real Property Acquisition Policy) of the -.Uniform,Relocation Assistance and Real -Property Acquisition Policies Act of 1970 and i i will comply with Sections 303 -and 304 of Title III; an& HUD implementing instructions at 24 CPR Part 42; and • 11 control, and abatement of water. pollution. (Source: Vol. 43, \o. 41, Title 24 CFR 570.307 (j)) I. Compliance with Air and Vater Acts The CITY shall cause or require to he inserted in full in all nonexempt contracts or subcontracts for ,work fern}shed in whole or in part by the a -rant con- tracts, the following requirements (provided that contracts, subcontracts and sub - loans not exceeding $loo,ono are exempt from this .part: This Contract' is -subject to the requirements of the Clean Air Act, as: amended 42 USC 1357 et seq., the Federal ,nater Pollution Control Act, as amended 33 USC 1.251 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 thi.s contract, the fol- lowing 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 re- quirements of Section 114 of the Clean .Air Act, as amended (42 USC 1.857c-8) and Sec- tion 308 of the Federal*Water Pollution Control Act, as amended (33 USC 1313) 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.. ;I prompt. notice will be -given of any. notification.receivnA from..the Director_ of the i EPA, office of Federal Activities or any agent of that office, that a facility 1 leadbase paint hazards under subpart 3 of said regulations and the CITY shall be re - 2 sponsible for the inspections and certifications required under Section 35.14(f) 3 thereof. (Source: II/CD Funding Agreement Its and 24 CFR Part 35) 4 H. Flood Disaster 5 This Contract is subject to the requirements of the Flood Disaster Pro - 6 tection Act of 1973 (P.L. 93-234). No portion of the assistance provided under this 7 Contract is approved for acquisition or construction purposes as defined under Sec - 8 tion 3(a) of said Act, for use in an area identified by the Secretary as having 9 special flood hazards, which is located in a community not then in compliance with 10 the requirements for participation in the national flood insurance program pursuant 11 to Section 201(d) of Said Act; and the use of any assistance provided under this Con - 12 tract for such acquisition or construction in such identified areas in communities 13 then participating in the national flood insurance program shall be subject to the 14 mandatory purchase of flood insurance-equirements of Section 102(a) of said Act. 15 Any Contract or Agreement for the sale, lease or other transfer of land 16 acquired, cleared, or improved with assistance provided under this Contract shall 17 contain, if such land is located in an area identified by the Secretary as having 18 special flood hazards and in which the sale of flood insurance has been made avail- -19 able under the National Flood Insurance Act of 1968, as amended, 42 U.S.C. 4001 et 20 seq., provisions, obligating the transferree and its successors or assignees to obtain 21 and maintain, during the ownership of such land, such flood insurance as required 22 with respect to financial assistance for acquisition or construction purposes under 23 Section 102(a) of the Flood Disaster Protection Act of 1973. Such provisions shall 24 be required notwithstanding the fact that the construction on such land is not itself 25 funded with assistance provided under this Contract. (Source: H/CD Funding Agreement 26 #3) ;.,27 :y, The!CITY shall comply with the provisions of Executive Order 11296, relating 28 to evaluation of flood hazards and Executive Order 11288 relating to the prevention, 2 of the Housing and Community Development Act of 1974. (Source: i?/C'.) Funding Agree - 3 went PD) 4 L. Interest of Certain Federal Officials 5 No member or Delegate to the Congress of the United States and no Resi- 6 dent Corumissioner, shall.be admitted to any share or part of this contract or to any 7 benefit to arise from the sane. (Source: H/CD Funding Agreement #In) 8 M. Interest of Members, Officers or Employees of CI "Y, Members of Local 9 Governing Body or Other Public -Officials 10 No member, officer or employee of the COUNTY or CITY or its designees 11 or agents, no member of the governing body of the locality in which the program is 12 situated and no other public official of such locality or localities who exercise any 13 functions or responsibilities with respect to the program during, his tenure or for 14 one year thereafter, shall have any interest, direct or indirect, in any contract, 15 subcontract or the proceeds thereof, for work to be performed in connection with the 16 program assisted under this contract. The CITY shall incorporate or cause to be in.._ 17 corporated, in all such contracts or subcontracts a provision prohibiting such inter - 18 est pursuant to the purposes of this section. (Source: H/CD Funding Agreement ;ill 19 and Vol. 43, No. 41, Title 24 CFP. 570.307 (p)) 20 N. Prohibition Against Payments of Bonus or Commission 21 The assistance provided under this contract shall not be used in the 22 payment of any bonus or commission for the purpose of obtaining HUD approval of the 23 application for such assistance or HUD approval of application for additional assist - 24 ance of any other approval or concurrence of .11UD required under this contract, pro - 25 vided, however, that reasonable fees or bona fide technical, consultant, managerial 26 or other such services, other than actual solicitatlon,.are not hereby prohibited if •27 -otherwise eligible asprogram cost.,:(Source.::.H/CA.Funding Agreement, #12), 28� 0. Hatch Act Compliance 1 I to the assumption of environmental responsibilities of the CITY under Sectior. 104(h) 2 of the Housing and Community Development Act of 1974. (Source: i?/C'.) Funding Agree - 3 went PD) 4 L. Interest of Certain Federal Officials 5 No member or Delegate to the Congress of the United States and no Resi- 6 dent Corumissioner, shall.be admitted to any share or part of this contract or to any 7 benefit to arise from the sane. (Source: H/CD Funding Agreement #In) 8 M. Interest of Members, Officers or Employees of CI "Y, Members of Local 9 Governing Body or Other Public -Officials 10 No member, officer or employee of the COUNTY or CITY or its designees 11 or agents, no member of the governing body of the locality in which the program is 12 situated and no other public official of such locality or localities who exercise any 13 functions or responsibilities with respect to the program during, his tenure or for 14 one year thereafter, shall have any interest, direct or indirect, in any contract, 15 subcontract or the proceeds thereof, for work to be performed in connection with the 16 program assisted under this contract. The CITY shall incorporate or cause to be in.._ 17 corporated, in all such contracts or subcontracts a provision prohibiting such inter - 18 est pursuant to the purposes of this section. (Source: H/CD Funding Agreement ;ill 19 and Vol. 43, No. 41, Title 24 CFP. 570.307 (p)) 20 N. Prohibition Against Payments of Bonus or Commission 21 The assistance provided under this contract shall not be used in the 22 payment of any bonus or commission for the purpose of obtaining HUD approval of the 23 application for such assistance or HUD approval of application for additional assist - 24 ance of any other approval or concurrence of .11UD required under this contract, pro - 25 vided, however, that reasonable fees or bona fide technical, consultant, managerial 26 or other such services, other than actual solicitatlon,.are not hereby prohibited if •27 -otherwise eligible asprogram cost.,:(Source.::.H/CA.Funding Agreement, #12), 28� 0. Hatch Act Compliance 1 2. 31 41 5 6 7 8 9 10 11 12 I! 13 14' 15 16 17 18 19 20 21 22 23 25 26 28 utilized or to be utilized for the contract is under consideration to be listen 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 Covernment may direct as a means of enforcing such provisions. In no event shall any amount of the assistance provided under this con- tract 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 .dater Pollution Control Act. (Source: W CD Funding Agreement #6) J. Management Compliance The CITY in anv activity directly or indirectly financed under this contract shall comply with the regulations, policies, guidelines and requirements of OMR Circular No. A-102, Revised, and Federal Management Circular 74-4: Cost princi- ples 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, accept- ance and use of Federal funds under this Part. (Source: Vol. 43, No. 41, Title 24 CFR Part 570.307 (g)) K. Obligations of Contractor with Respect to Certain Third Party Relationships The CITY shall remain fully obligated under the provisions of this con- tract notwithstanding its designation of any third party or parties for the under- taking 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 proLided tinder this contract to the CITY is 'carried' out 'in accordance with the CITY's assurances and certifications, including those with respect I Tire CITY and COUNTY shall comply with the provisions of the Hatch Act 2 ( which limits the political activity of employees. (Source: Vol. 43, No. 41, Title 3I}2r, Crit Pa_ -t 570.3(,17 (q)) 4y P. Definitions 5 Throughout these Special Previsions the neaning of words shall be that 6 meaning given by the act, regulation, Executive Order, Federal Management Circular, 7 agreement, or rule cited herein as the source for the section in which the word ap- 8 pears. (Source: Orange County Counsel) 9 Q. Note 10 Federal Management Circular 74-7 has been replaced with Office of 11 Management and Budget (OMB) A-102. 12 13 14 15 16 17 18 19 20 21 22 23 24 /II 25 26 J!/ 27 28 AP:decll60(lo) Page 13 of 13 Exhibit R (P r 6 "C SAN JUAN CAPISTRANO is bounded by Mission Sl. on North, Trabuco Creek, channel on the West, Del Obispo on the South, and Loa !:ins St. on the East. Locations of Proposed Activities Neighborhood Housing Rehabilitation C) 1"=G00' 60W (� /^ � ❑SAN J�IAN CAPISTt�AI�IO Housing/Commumiy Development ENVIRQFlMFNTAL MAN AGER4ENT ENCY N KENNETH FRIESS, I`1AYOR JAMES THORPE, VICE MAYOR GARY HAUSDORFER PHILLIP SCHWARTZE LAWRENCE BUC:HHEIM Exhibit C \1 J LtjS R1nS RFVIBj CfTT1IILF FORREST DUNIVIN, CHAIRMAN FVELYN _ VILLE GAS, VICE-�.HAIRMAN flARIA f OWNE ATSUO ITO JAMES MADRID THE "LOS RIGS PRECISE PLAN" WAS ADOPTED LY THE SAN JUAN CAPISTRANO CITY COUNCIL IN FEBRUARY OF 1978. AN INTREGAL ELEMENT OF THE PLAN IS THE DEVELOPMENT OF A HOME IMPROVEMENT PROGRAM, THE PROGRAM PROVIDES INTERESTED PROPERTY Ok,NERS AND RESIDENTS OF THE Los RIGS AREA WITH THE OPPORTUNITY TO USE LOW INTEREST LOANS AND GRANTS FOR RESTORATION OF THEIR HOMES. THE PROGRAM IS FEDERALLY FUNDED THROUGH THE CCV14UNITY 9EVELOPMENT BLOCK GRANT PROGRAM (CDBG) AND IS ADMINSTERED BY THE CITY OF SAN JUAN CAPISTRANO. THROUGH PARTICIPATION IN THIS PROGRAM, THE IMPROVEMENT TO THE VARIOUS HOMES AND THE CONSERVATION OF THE HISTORICAL IMAGE OF THE RIGS AREA IS POSSIBLE. WE ARE LOOKING FORWARD TO YOUR ACTIVE PARTICIPATION IN THIS PROGRAM. SINCERELY, KENNETH FRIESS /foR`REST T)UNIVIN MAYOR LOS RIOS REVIEW COMMITTEE Lc/MJW • LOS RIOS WE IPti°(�'lVE7`1EIT Pfffif I's {'%�IE L}S!ECTIV -S OF THE PROGRAM THE CITY OF SAN JUAN CAPISTRANO IN COLLABORATION WITH THE LOS RIOS KEVIEW C91'fITTEE HAVE ESTABLISHED A HOME IMPROVE"ENT PROGRAM TO ASSISI DESIRING PROPERTY OWNERS AND RESIDENTS LIVING IN THE LOS RIGS AREA TO PRESERVE AND IMPROVE THEIR HOMES, THE METHOD OF ASSISTANCE CONSISTS OF GRANTS AND LOW INTEREST LOANS, WITH THE PURPOSE.OF IMPROVING THE INTERIOR AND EXTERIOR OF THE HOME, 2, &a15-a.I G_IBI? ANY OWNER OCCUPANT OR ABSENTEE OWNER OF A RESIDENTIAL STRUCTURE LOCATED WITHIN THE LOS RIOS AREA MAY APPLY FOR A LOAN OR GRANT, A RENTER WHO LIVES WITHIN THE LOS RIGS AREA MAY ALSO APPLY FOR A GRANT, PROVIDED THE PROPERTY OWNER HAS GIVEN HIS CONSENT, THE SERVICES WHICH THE CITY PROVIDES UNDER THIS PROGRAM ARE. # LOAN COUNSELING # LOW INTEREST NOME IMPROVEMENT LOANS # GRANTS FOR MINOR REPAIRS # HOME IMPROVEMENT ADVISE # ASSISTANCE IN CONTRACTING FOR REPAIR WORK THE LENDING INSTITUTION DECIDES WHETHER OR NOT YOU ARE ELIGIBLE FOR A LOAN AND THE CITY DETERMINES IF YOU QUALIFY FOR A GRANT, YOU MAY BORROW UP TO $S.AYJ TO IMPROVE YOUR RESIDENCE, YOU MAY RECEIVE A GRANT OF UP TO $50U FOR MINOR REPAIRS, F YOU RECEIVE A LOAN, YOU WILL HAVE UP TO lO YEARS TO PAY THE LOAN OFF, GRANT NEED NOT BE REPAID, THE MONEY MAY BE USED TO IMPROVE BOTH THE INSIDE AND THE OUTSIDE OF YOUR HOPE, 1N ORDER TO PRESERVE THE STRUCTURE AND TO MAKE IT MORE LIVABLE, L'OS RIGS HOME • • IMPROVEMENT PROJECT PAGE II 91 I lifficklmll-10'► THERE ARE TWO INTEREST RATES, 3�27 AND 6'i, THE 321, RATE IS AVAILABLE TO PERSONS WHOSE INCOMES DO NOT EXCEED THE FOLLOWING LIMITS: It Wwrl 104-09w 2 $1 ,gon 17)0 6 16 75 R IS, THE EV RATE IS AVAILABLE TO ANY PERSON WHOSE INCOME EXCEEDS THE LIMITS SHOWN ABOVE, IF YOU QUALIFY FOR A 3-z7, LOAN AND I^WISH TO REPAY IN 10 PEARS, YOUR MONTHLY PAYMENT WOULD BE APPROXIMATELY THE FOLLOWING: IF YOU QUALIFY FORA z. LOAN AND WISH TO REPAY IN 1f) YEARS, YOUR MONTHLY PAYMENT WOULD BE APPROXIMATELY AS FOLLOWS: .•�► ': u ► FOR FURTHER INFORMATION REGARDING THE HOME IMPROVEIW PROGRAM, YOU MAY CONTACT PAYMUNDO BECERRA AT THE CITY OR SAN JUAN fAPISTRANO, DEPARTMENT OF (AMMUNITY PLANNING AND DEVELOPMENT - 49.3—)J71, 0 (QySEJU MUNICIPAL KENNET FRIEss, ALCALDE JAMES IHORPE, VICE-ALCALDE GARY NAUSDORFER HILLIP SCHV;ARTZE LAWRENCE BUCHHEIM 0 C(PITE DFL ARD DF I N RIM FORREST PUNIVIN, PRESIDENTE FVELYN VILLEGAS, VICE-PRESIDENTE *� IA bRO''MgE ATSUO ITO JAMES MADRID EL 'PLAN PRECISO DEL AREA DE LOS RIOS" FUE ADOPTADO POR EL CONSEJO MUNICIPAL DE LA CIUDAD DE SAN JUAN CAPISTRANO EN FEBRERO DE 1978, LINA PARTE INTEGRAL DEL PLANO ES LA FORMACION DE EL PROGRAMA PARA EL tlEJORAMIENTO DE VIVIENDA EN EL AREA DE LOS RIGS, FL PROGRAMA YA FORMULADO FACILITA AYUDA ECONOMICA EN FORMA DE PRESTAMOS DE INTERES MINIMO Y DONACIONES A PERSONAS QUE SON PROPIETARIOS 0 INQUILINOS QUE RADICAN EN EL AREA DE LOS RIGS, EL PROGRAMA UTILIZA FONDOS PROPORCIONADOS POR EL GOBIERNO FEDERAL A TRAVEZ DEL PROGRAMA TBG), "COMMUNITY DEVELOPMENT BLOCK PROGRAM" Y ES ADMINISTRADO POR LA CIUDAD DE SAN JUAN CAPISTRANO. PARTICIPACION EN ESTE PROGRAMA OFRECE UNA OPORTUNIDAD PARA EL MEJORAMIENTO DE LAS VIVIENDAS Y LA CONSERVACION DEL N BIENTE HISTORICO DEL AREA DE LOS RIGS, ESPERAMOS SU PARTICIPACION, SINCERAMENTE, KENNETH FRIES, ALCALDE iB/MJW FORREST IIUNIVIN PRESIDENTE DEL COMITE DE LOS RIGS NDQ BECERR FICADOR i • PRDGRA"A DE UOMMIFTITO DO VIVIEW FTI EL AREA DE LrS RIOS EL OBJECTIVO PRINCIPAL DEL PROGRAM ES DE BRINDAR ASISTENCIA CONOMICA A LOS PROPIETARIOS E INQUILINOS QUE RESIDEN EN EA DE LOS KIOS PARA MEJORAR Y RESTAURAR SUS VIVIENDAS, _ TO TIENE DOS PROPOSITOS, UNO PARA DAR MEJOR COMODIDAD A SU HABITACION CREANDO UNA CASA WE VERDADERAMENTE RESUELVA LAS NECESIDADES DEL HABITANTE; Y DOS PARA MEJORAR Y CONSERVAR EL AMBIENTE HISTORICO DEL AREA DE LOS RIGS, TODOS LOS PROPIETARIOS DE VIVIENDAS UBICADAS DENTRO DEL AREA DE IAS RIOS PUEDEN PARTICIPAR EN EL PROGRAM DE PRESTAMOS Y DONACIONES, TODOS LOS INQUILINOS, RESIDENTES DEL AREA DE LOS RIGS, PUEDEN PARTICIPAR EN EL PROGRAM DE DONACIONES SIEMPRE Y CUA DO TENGAN EL CONSENTIMIENTO DEL PROPIETARIO, LOS SERVICIOS QUE LA CIUDAD OFRECE BAJO ESTE PROGRAMA SON LOS SIGUIENTES: INFORMACION Y ORIENTACION SOBRE LAS DIVEP.SAS_ ANERAS DE RECIBIR ASISTENCIA ECONOMICA OTORGAR PRESTAMOS DE INTERES MINIMO OTORGAR DONACIONES PARA LAS REPARACIONES SECUNDARIAS # ASISTENCIA SOBRE LA IDENTIFICACION DE MEJORAMIENTOS APPLICABLES ASISTENCIA SOBRE LA CONTRATACION DE TRABAJOS ESPECIALIZADOS EL BANCO, AL REVISAR LA SOLICITUD, DECIDE QUIEN CALIFICA PARA RECIBIR UN PRESTAMJ, Y LA CIUDAD DE SAN JUAN CAPISTRANO, POR MEDIO DEL DEPARTAMENTO DE PLANIFICACION DETERMINA QUIEN PUEDE RECIBIR DINERO EN FORMA DE DONACION, ►1• 1 ► :• 1 LA PERSONA PUEDE RECIBIR COMO MAXIMO $6,Orn�IYI N FORMA DE PRESTAMO PARA MEJOPAR LA VIVIENDA, Y UN MAN 5 COM.0 DONACION PARA MEJORAMIFS,ITOS Y REPARACIONES MENORES, SI USTED RECIBE UN PRESTAMO TENDRA HASTA lO AIJOS PARA PAGAR EL DINERO; NO TENDRA QUE DEVOLVER EL DINERO SI LO RECIBE EN FORMA DE DONACION, PROGRAMA DE i lEJORAMI EhI'f0 DE • VIVIENDAS EN EL AREA DE LOS RIGS —2- 7, 06E TIPO DE f'EJOr).W ENTO PUEDE NACEo? EL DINERO SE PUEDE UTILIZAR PARA MEJORAR LA VIVIENDA EN DOS FORMAS; LA PRIMERA SERIA ARREGLOS DE ESTETICA, Y LA SEGUNDA SERIA M'fODIFICACIONES POR RAZWES DE FUNCIONALIDAD, F.STQ CUBRE ASPECTOS DEL EXTERIOR E INTERIOR DE LA VIVIENDA, EL PROGRAMA OFRECE DOS CLASES DE INTERESES, EL PRIMERO ES DE Yz% Y EL SEGUNDO DE F%, EL PRESTAMO CON UN INTERES DE .f SE LE OFRECE A TODAS LAS PERSONAS QUE SUS SALARIOS ANUALES NO EXCEDAN CANTIDADES ENUMERADAS ABA.JO: MIMERO DE PERSONAS POR HABITACION SAL Rj_O ANUAL 1 6 8 X10,400 17.,650 18,600 PRESTAMOS CON INTERES DE Rai SE OFRECEN A PERSONAS QUE EXCEDEN LOS INDICES YA MARCADOS ARRIBA, a .L • : ' - • 11.1. : • ► �Y• SI USTED CALIFICA PAP4 UN PRESTAMO CON UN INTERES DEL �.fj Y DESEA PAGARLO EN 10 ANDS, SUS PAGOS SERIAN, APROXIMZDS A LO SENALADO ABAJO' UOO ym 5,00)0 6,000 $ 9,88 .39,55 PROGRAMA DE MEJOWIENTO DE VIVIENDAS EN EL AREA DE LOS RIGS -3- 0 SI USTED CALIFICA PARA UN PRESTAMO CON UN INTERES DEL P27 Y DESEA PAGARLO EN 10 ATOS, SUS PAGOS SERIAN APROXIMADAMENTE LOS SIGUIENTES: CANTIDAD DEL PRESTAVID PAGO PIENSUAL $,000 0 5 4;0U00 , � 5,000 6,00 x'12 PARA MAS INFORMACION RELACIONADO AL PROGRAM, USTED PUEDE COMUNICARSE CON RAYf�uNDo BECERRA EN EL 11EPARTA`1ENTO DE PLANIFICACION DE LA CIUDAD DE SAN ,JUAN aPISTRANO, AL TELEFONo 4y3-171. MINUTES OF THE BOARD OF SUPERVISORS OF ORANGE COUNTY, CALIFORNIA December 18, 1979 IN RE: CONTRACT HOUSING AND COMMUNITY DEVELOPMENT C `(-:" O NEIGHBORHOOD HOUSING REHABILITATION CITY OF SAN JUAN CAPISTRANO On motion of Supervisor Riley, duly seconded and unanimously carried, the Clerk of the Board, on behalf of the Board of Supervisors, is authorized to execute Housing and Community Development Agreement No. C26270, dated December 18, 1979 between the County of Orange and the City of San Juan Capistrano for neighborhood housing rehabilitation. IN RE: CONTRACT HOUSING AND COMMUNITY DEVELOPMENT HOUSING COST REDUCTION CITY OF SAN JUAN CAPISTRANO On motion of Supervisor Riley, duly seconded and unanimously carried, the Clerk of the Board, on behalf of the Board of Supervisors, is authorized to execute Housing and Community Development Agreement No. C26271, dated December 18, 1979, between the County of Orange and the City of San Juan Capistrano for housing cost reduction. IN RE: CONTRACT HOUSING AND COMMUNITY DEVELOPMENT PUBLIC FACILITIES AND IMPROVEMENTS CITY OF SAN JUAN CAPISTRANO On motion of Supervisor Riley, duly seconded and unanimously carried, the Clerk of the Board, on behalf of the Board of Supervisors, is authorized to execute Housing and Community Development Agreement No. C26272, dated December 18, 1979, between the County of Orange and the City of San Juan Capistrano for public facilities and improvements. DEC 20 IM ®F1013-2.3 (12/76)