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.
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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
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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
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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.
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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.
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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
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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.
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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
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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
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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
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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
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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
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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
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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
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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
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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,
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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)..
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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.
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•
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.
///
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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
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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
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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
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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
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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
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.IOUSING GSSInT ANCE PI AN
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THRLL WAR GOAL '�— --"----- -' I '–
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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
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LT7TLZLI�.__1
] 1'EN'DO OF APPL ICARILITY
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aXXXXUIVOINnL
10
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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
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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.
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.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
....................................................................... .
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• 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
$136,000
/� k // ad on addiriona/ qDa/,1 and • rt+chl t
R aplaen Ftwmt HUD -70163 and HU0.7016.a, e'A1rr)r an ob deu Pap %.o of j ., Papa
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_Form Approved
OMB No. 63-R 1615
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
1. NAME OF APPLICANT
ANNUAL COMMUNITY DEVELOPMENT PROGRAM
City of San Juan Capistrano
7. APPLICATION/GRANT NUMBER
PROJECT SUMMARY
3, PERIOD OF APPLICABILITY
4,)51 ORIGINAL leach year)
FROM -
TO
O RE VISION, DATED
7-79
6-80
AMENDMENT.DATED
S. NAME OF PROJECT
6.PROJECTNUMBER
7. ENVIRONMENTAL REVIEW STATUS
Housing Rehabilitation Loan Program
79.1
Continued Relevance
B. ENTITY WITH RESPONSIBILITY FOR CARRYING OUT THE PROJECT
9. TELEPHONE NUMBER
Community Planninf' and Develonment
714 493-2171
10. DESCRIPTION OF PROJECT
Continuation of Housing Rehabilitation Loan Program which will provide
low-interest loans and fix -up grants to preserve existing residential
structures.
O Check if continued on additional page(s) and attach.
/1. CENSUS TRACTIS)/ENUMERATION DISTRICT(S)
423.04
17. ANTICIPATED ACCOMPLISHMENTS
Maintain existing low -moderate income housing for Los Rios
neighborhood.
O Check it continued on additional pages) and attach.
13. CDBG COMPONENT ACTIVITIES PROGRAM.YEAR FUNDS fin thousands of$)
(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)
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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.:
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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
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APPED �
proo d/
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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 $arllmia.uu
yI.�)Ju'•d.le) 1. 11 and IV.,I the It H
r,• Yrx AP all," oved
AA• 1 .� ? (.. ] I 1Oe 4u,rq pVl•L•II 11, r. .. a mI Jnd are Iml (Umar ed In It)q J,,,,ndi /f/III./1
I YH1 fupnn5)iun
HUD -709b,
1
2
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4
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:$
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
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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-
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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-
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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)