1994-0324_ORANGE ,COUNTY OF_Termination of Contract10
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Contract No. C41047
COUNTY OF ORANGE
ENVIRONMENTAL MANAGEMENT AGENCY
HOUSING AND REDEVELOPMENT CONTRACT
TITLE OF PROJECT: City of San Juan Capistrano: Public Facilities and lmprovements - Los Rios Historic
District Clean-up Program (Q12.60) Year XVII
TERMINATION OF CONTRACT entered into thisZ y o ri M �t 19�
I
BY AND BETWEEN
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 Development Act
of 1974 (Public Law 93-383), as amended, hereinafter
referred to as COUNTY.
k YY�17[.Y.`F til
WHEREAS, the parties hereto previously entered into a Public Facilities and Improvement project
Contract No. C41047 (Q12.60), dated July 1, 1991, pursuant to the Housing and Community Development
Act of 1974 (Public Law 93-383) as amended, and
WHEREAS, the CITY has determined the project funded under said Contract No. C41047 is no
longer feasible, and
WHEREAS, the CITY has submitted to the COUNTY a request to reprogram the remaining funds
totalling Nine Thousand Five Hundred Sixty Dollars and no/100 ($9,560.00) from Contract No. C41047
(Q12.60) to existing Contract No. C41176 (R12.40) for Rehabilitation of Private Properties - Mobile Homes
project; and
NOW, THEREFORE, the above Contract No. C41047 (Q12.60) is hereby terminated and Nine
Thousand Sixty Dollars and no/100 ($9,560.00) is reallocated to Contract No. C41176 (R12.40) to be used in
the Community Development Block Grant project Mobile Home Rehabilitation program to serve the low- and
moderate -income residents of 7 mobile home parks within the City.
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C• act No. C41047
IN WITNESS WHEREOF, CITY has caused this Contract to be executed by its Mayon and attested by
its Clerk, COUNTY has caused this Contract to be executed by the Director of EMA/Housing and
Redevelopment, all having been duly authorized by the City Council of CITY and the Orange County Board of
Supervisors.
CITY OF S AN CAPISTRANO
Dated: `3j`/� T BY:
ayor_
ATTEST:
COUNTY OF ORANGE, a political subdivision of the
State of California
Dated: I �( � By:
D Pusavat, Director
EMA-Housing and Redevelopment
APPROVED AS TO FORM:
TERRY ANDRUS, COUNTY
COUNSEL ORANGE COUNTY
CALIFORNIA
By: efZ
Dated: 5
MC:dscGM3
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aContract No. C41047
COUNTY OF ORANGE
ENVIRONMENTAL MANAGEMENT AGENCY
HOUSING AND COMMUNITY DEVELOPMENT CONTRACT
1 TITLE OF PROJECT: San Juan Capistrano: Public Facilities and Improvements - Los Rios
Historic District Clean-up Program (Q12.60)(Yr. XVII)
2 MEMORANDUM OF CONTRACT entered into this Ist day of July, 1991
3 BY AND BETWEEN
4 SAN JUAN CAPISTRANO, municipal corporation,
hereinafter referred to as CITY,
5 and
6 COUNTY OF ORANGE, a political subdivision of the
7 State of California and recognized Urban County
under the Federal Housing and Community
3. Development Act of 1974 (Public Law 93-383), as
amended, hereinafter referred to as COUNTY.
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10 WHEREAS, COUNTY and CITY previously entered into a Cooperation Agreement
11 dated October 10, 1990, in which both parties agreed to cooperate in the undertaking,
12 or assist in the undertaking, of community development and housing assistance
13 activities, and
14 WHEREAS, the CITY has submitted to the COUNTY an application for funding
15 of a project hereinafter described, and
16 WHEREAS, the COUNTY adopted the FINAL STATEMENT OF OBJECTIVES AND PROJECTED USE
17 OF FUNDS on May 14, 1991 (Resolution No. 91-570) which sets forth the project described
18 herein, and
19 WHEREAS, the U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT has accepted and
20 certified the aforementioned FINAL STATEMENT, and
21 WHEREAS, the COUNTY has entered into a separate agreement dated July 19, 1991
22 with the U.S. Department of Housing and Urban Development (hereinafter referred to as
23 HUD) to fund said project under the Housing and Community Development Act of 1974
24 (Public Law 93-383), as amended.
25 NOW, THEREFORE, IT IS AGREED by and between the parties that the following
26 provisions as well as all applicable Federal, State and County laws and regulations
27 including the attached SPECIAL PROVISIONS, identified as EXHIBIT "A", are part of this
28 Contract.
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Contract No. C41047
1. For the PURPOSES OF THIS CONTRACT the following definitions shall apply:
a. Project Manager: The party responsible for, but whose responsibility is
not limited to the following: Contracting, monitoring and implementing the project
through completion.
b. Director: The Director of the Orange County Environmental Management
(Agency (hereinafter referred to as EMA) or his designee.
c. Reimbursable Basis: The CITY will provide the funds for the project and
submit proof of payment to the COUNTY, whereby upon approval, the COUNTY will forward
Community Development Block Grant (hereinafter referred to as CDBG) funds to repay the
CITY.
d. Construction Bid Package: A package of bidding documents which includes
proposal, bidding instructions, contract documents, detailed estimated costs and plans
and specifications for a construction project, all prepared in accordance with
applicable Federal regulations.
2. It is understood that the CITY will act as PROJECT MANAGER for the project
described as: San Juan Capistrano: Public Facilities and Improvements (Q12.60)
(Yr. XVII). The City of San Juan Capistrano will utilize CDBG funds for a neighborhood
clean-up program administered by the City in the Los Rios Historic District. CDBG funds
will be used for project development costs to undertake activities such as trash clean-
up and removal, tree trimming and painting and will benefit the low- and moderate -income
residents in the target area. (see attached map, EXHIBIT "B", which is part of this
Contract) .
A. The Contract period for this project shall begin on July 1, 1991 for Fiscal
Year 1991-92 and eligible costs may therefore be incurred against funds provided through
this Contract effective July 1, 1991.
3. It is agreed by all parties that the project shall be completed and all
funds provided through this Contract shall be expended on eligible project activities
prior to December 31, 1992. Invoices for all approved project costs funded by the Block
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. Contract No. C41047
Grant under this Contract shall be submitted within 180 days after the above date. The
date for project completion and expenditure of all funds may be extended at the
discretion of the DIRECTOR, on a year -by -year basis up to a maximum period of five (5)
total years, through written notification to the CITY. In the event of such an
extension, the deadline for submittal of invoices shall be 180 days after the new
completion date. After Contract expiration, all unexpended funds remaining from
this Contract may be allocated by the COUNTY to another eligible project(s) within the
Urban County CDBG Program.
4. CITY agrees:
a. Any proposed amendment to this Contract shall be submitted to and
approved by the COUNTY, prior to commencement by CITY of any activity covered by said
amendment.
b. To submit any and all third -party contracts proposed for funding through
this Contract to DIRECTOR for review and approval prior to award of such contracts by
CITY.
C. To comply with CDBG Program Regulations, as may be periodically revised
by BUD, Office of Management and Budget, or other Federal agencies, and including laws
and policies applicable to the CDBG Program.
d. That the project shall be implemented and appropriately maintained for
Community Development purposes as defined by applicable HUD provisions to ensure maximum
feasible benefit and utilization of the project by low- and moderate -income persons.
e. To maintain accounting records, official files, and other evidence
pertaining to costs incurred as required by all applicable HUD regulations, and all of
these shall be accessible for the purposes of monitoring, audit, reporting or review by
duly authorized representatives of COUNTY or HUD. These records shall be kept available
at CITY's office during the project's contract period and thereafter for three (3) years
from the date of final CITY receipt of HDD CDBG funds through this Contract.
f. That DIRECTOR shall periodically evaluate the CITY's progress in
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Contract No. C41047
complying with the terms of this Contract. CITY shall cooperate fully during such
monitoring. DIRECTOR shall report the findings of each monitoring to the CITY and
Orange County Board of Supervisors. If it is determined by the Board of Supervisors
that CITY performance or progress on performance is unsatisfactory, the Board of
Supervisors may withhold further funding on the project pending resolution of the
unsatisfactory condition(s), or may terminate this Contract. In addition, the Board of
Supervisors may require the CITY to reimburse COUNTY any funds that it determines to be
improperly expended or not expended on the project in a timely manner based on
applicable CDBG Program Regulations.
g. That if it is determined by HUD that funds were not expended in
compliance with the applicable Federal laws and regulations, CITY will refund to COUNTY
within ninety 90 days thereafter such sums as were determined by HUD to have been
improperly expended.
h. When the project is completed, all unexpended funds remaining will be
returned to the COUNTY as soon as practicable, but in any event, within 180 days
thereafter. DIRECTOR may then reallocate returned funds to another Urban County
project(s) previously approved by the Board of Supervisors. Returned funds as such, may
be allocated by the DIRECTOR up to the lesser amount of ten percent (108) of total
Contract funds provided herein Section 5.a. or Ten Thousand Dollars ($10,000.00).
i. Should the COUNTY receive returned funds from other Urban County
projects, funding for this Contract, upon proof of anticipated cost overruns, may be
increased at the discretion and upon written authorization of the DIRECTOR up to the
lesser amount of ten percent (108) of total Contract funds provided herein Section 5.a.
or Ten Thousand Dollars ($10,000.00).
j. To assume responsibility for compliance with the California
Environmental Quality Act (CEQA) and to provide COUNTY with necessary information to
comply with the National Environmental Policy Act (NEPA) prior to commencing project
implementation. This may include, when applicable, CITY preparation of NEPA
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Contract No. C41047
documentation in coordination with EMA staff.
k. To be responsible for design and inspection, including funding the costs
related to those activities, unless funding for design and inspection activities is
provided for in Section 5.a. of this Contract.
1. To submit the Construction Bid Package for this project to DIRECTOR for
review prior to advertising for bids on the construction contract or prior to award of
such a contract if an alternative method of award is used. CITY shall not advertise for
bids until DIRECTOR has approved Construction Bid Package. CITY shall construct project
in accordance with the Construction Bid Package which DIRECTOR approved unless prior
written approval is received from DIRECTOR for modification therefrom.
5. Project Funding:
a. Project will be financed under this Contract as follows:
Total CDBG Funds $10,000 (Ten Thousand Dollars and
no/100) .
b. COUNTY shall not be responsible for any costs which exceed the approved
CDBG funding amount as referenced in Section 5.a. unless otherwise provided in advance
as referenced in Section 4.i.
c. Payment by the COUNTY to the CITY shall be on a reimbursable basis
unless CITY has been authorized and issued cash advances at the discretion of the
DIRECTOR under this Contract.
d. Cash advances requested by the CITY under this Contract may be made by
the DIRECTOR to the CITY if the following conditions are met:
(1) The CITY has demonstrated to DIRECTOR through certification in a
form prescribed by DIRECTOR and subsequently through performance, its willingness and
capacity to establish CITY financial procedures that will minimize the time elapsing
between the receipt of funds and proper disbursement of such funds.
(Z) The CITY certifies to DIRECTOR, that the CITY's financial
management system meets the standards for fund control and accountability prescribed in
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Office of Management and Budget Circular No. A-102, as periodically amended.
(3) The CITY complies with the cash advance procedures required by
financial procedures of EMA. These procedures require that upon written receipt of
funds from the COUNTY, the CITY shall disburse payment(s) to vendor(s) within five (5)
working days and submit evidence of such disbursements) (i.e., warrant copies, etc.) to
the DIRECTOR.
If the CITY is subsequently found, by DIRECTOR, to be in noncompliance
with Section 5.d.(1) through Section 5.d.(3), CITY shall be paid on a
reimbursable basis.
e. Reimbursable basis payments, as referred to in Section 5.c. and/or cash
advances described in Section 5.d. shall be made in accordance with EMA financial
procedures. In the event of conflict between EMA 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.
6. CITY must inform the DIRECTOR (through periodic reports requested by EMA
staff) of any income generated by the expenditure of CDBG funds received by the CITY;
and that per applicable Federal requirements, certain program income must be paid to the
COUNTY (e.g., interest earned on CDBG cash advances); and/or, the CITY may retain such
program income only if that program income is used exclusively for eligible activities,
at the discretion of the DIRECTOR, and in accordance with all CDBG requirements as may
then apply.
a. CITY shall keep and maintain appropriate records on the use of any such
program income as may be required by EMA staff since the COUNTY has the responsibility
of monitoring and reporting program income to HUD.
b. In the event of CITY close-out or change in status of the participating
CITY in the Urban County CDBG Program, any program income at that time or received
subsequent to the close-out or change in status shall be paid by CITY to the COUNTY
within 90 days thereafter.
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7. Any proposed modification or change in use of real property acquired or
improved in whole or in part by CDBG funds from that planned at the time of the
acquisition or improvement, including disposition, must be reported by CITY to the
COUNTY and receive COUNTY concurrence thereto in advance of implementing the
modification or change in use.
a. Should the disposition, sale or transfer of such real property acquired
or improved in whole or in part using CDBG funds result in a use which does not qualify
under CDBG Regulations, the COUNTY shall be reimbursed by CITY in an amount equal to the
current fair market value (less any portion thereof attributable to expenditures of non-
CDBG funds).
b. Any program income generated from the disposition, transfer or sale of
such property prior to or subsequent to the CITY close-out or change in status of the
CITY in the Urban County CDBG Program may be either used by CITY for other specific
eligible activities in the CITY or paid to the COUNTY for other eligible Urban County
activities, as determined in advance of the expenditure at the discretion of the COUNTY.
8. CITY shall obtain an annual audit performed in accordance with OMB Circular
A128 and forward a copy to DIRECTOR. DIRECTOR shall have the right to ensure that
necessary corrective actions are made by the CITY for any audit findings pertinent to
CITY handling of funding attributable to the CDBG Program per Federal requirements.
9. Neither COUNTY nor any officer nor employee thereof shall be responsible for
any damage or liability occurring by reason of any action or omission of CITY or its
agents, associates, contractors, subcontractors, materialmen, laborers, or any other
persons, firms, or corporations furnishing or supplying work service, materials, or
supplies in connection with CITY's performance of this Contract and from any and all
claims and losses accruing or resulting to any persons, firm or corporation for personal
injuries or property damage resulting from or as a consequence of, CITY's performance of
this Contract under or in connection with any work, authority or jurisdiction delegated
to CITY under this Contract. It is also understood and agreed that, pursuant to
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Contract No. C41047
California Government Code Section 895.4, CITY shall fully indemnify, defend and hold
COUNTY harmless from any liability imposed for injury (as defined by California
Government Code Section 810.8) occurring by reason of any action or omission of CITY
under or in connection with any work, authority or jurisdiction delegated to CITY under
this Contract. CITY shall act in an independent capacity and not as officers, employees
or agents of COUNTY.
10. Neither CITY nor any officer nor employee thereof shall be responsible for
any damage or liability occurring by reason of any action or omission of COUNTY, its
agents, associates, contractors, subcontractors, materialmen, laborers, or any other
persons, firms, or corporations furnishing or supplying work, service, materials, or
supplies in connection with COUNTY's performance of this Contract and from any and all
claims and losses accruing or resulting to any persons, firm or corporation for personal
injuries or property damage resulting from or as a consequence of COUNTY's performance
of this Contract under or in connection with any work, authority or jurisdiction
delegated to COUNTY under this Contract. it is also understood and agreed that,
pursuant to California Government Code Section 895.4, COUNTY shall fully indemnify,
defend and hold CITY harmless from any liability imposed for injury (as defined by
California Government Code Section 810.8) occurring by reason of any action or omission
of COUNTY under or in connection with any work, authority or jurisdiction delegated to
COUNTY under this Contract. COUNTY shall act in an independent capacity and not as
officers, employees or agents of CITY.
11. Where contract funds are withheld, and at the request and expense of CITY,
COUNTY will accept securities equivalent to the amount withheld. Such substituted
security, meeting the requirements of Government Code Section 4590, shall be deposited
with COUNTY, or with a State or Federally chartered bank as escrow agent. If security
is deposited with an escrow agent, it shall be covered by an escrow agreement.
12. In the event of CITY's failure to comply with the provisions of this
Contract, COUNTY may withhold or require CITY reimbursement of funds, and/or terminate
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Contract No. C41047
this Contract, and/or allocate funds previously assigned to this Contract to another
eligible project(s) within the Urban County.
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Contract No. C41047
IN WITNESS WHEREOF, CITY has caused this Contract to be executed by its Mayor
and attested by its Clerk; COUNTY has caused this Contract to be executed by the
Director of EMA/Housing and Redevelopment, all having been duly authorized by the City
Council of CITY and the Orange County Board of Supervisors.
Dated: March 3, 1992
ATTEST:
City
City61Ugok JQ7.r�
Dated: 3116 gj,
APPROVED AS TO FORM:
TERRY ANDRUS, COUNTY COUNSEL
ORANGE COUNTY, CALIFORNIA
By ✓
APPROVED AS TO FINANCIAL PROVISIONS:
y F
By
ci 1 Services
APPROVED AS TO ACCOUNTING PROVISIONS:
By
- coounting Services
RMD:bjgAWP25-2(C41047)
12/03/91
CITY OF SAN
By
Mayor
COUNTY OF ORANGE, a political subdivision of
the State of California -
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nbo ONW4�c vat, Director,
EMA-Housing and Redevelopment
H/CD
C.R.
Acctg. Cl:)i1
Env.
S.C.
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• Exhib*A' to COUNTY/CITY Contractl
employee or applicant for employment because of race, color, religion, sex or national
origin. The CITY shall take affirmative action to ensure that applicants for employment
are employed and that employees are treated during employment, without regard to their
race, color, religion, sex or national origin. Such action shall include, but not be
limited to, the following: employment, upgrading, demotion or transfer; recruitment
advertising; layoff or termination; rates of pay or other form, compensation; and
selection for training, including apprenticeship. The CITY shall post in conspicuous
places, available to employees and applicants for employment, notices to be provided by
the COUNTY setting forth the provisions of this nondiscrimination clause. The CITY
shall, in all solicitations or advertisements for employees placed by or on behalf of
the CITY, state that all qualified applicants will receive consideration for employment
without regard to race, color, religion, sex or national origin. The CITY shall
incorporate the foregoing requirements of this paragraph in all of its contracts for
program work and will require all of its contractors for such work to incorporate such
requirements in all subcontracts for program work. Such contracts shall be subject to
SOD Equal Employment Opportunity regulation 24 CFR Part 130 as applicable to HUD
assisted construction contracts.
The CITY shall cause or require to be inserted in full in any non-exempt
contract and subcontract for construction work or modification thereof, as defined in
said regulations which is paid for in whole or in part with assistance under the
Contract, the following equal opportunity clause:
"During the performance of this contract, the contractor agrees as 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 employment, without regard to their race, color, religion, sex, or
national origin. Such action shall include, but not be limited to, the following:
Employment, upgrading, demotion or transfer, recruitment advertising, layoff or
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Exh it "A" to COUNTY/CITY Contract)
SPECIAL PROVISIONS
A. Section 3 - Compliance with the Provision of Training Employment and
Business Opportunity
The CITY shall cause or require to be inserted in full in all contracts and
subcontracts for work financed in whole or part with federal financial assistance
provided under this Contract, the Section 3 clause set forth in 24 CPR 135.20(b). The
CITY will provide such copies of 24 CPR Part 135, as may be necessary for the
information of parties to contracts required to contain the said Section 3 clause.
Section 3 requires that to the greatest extent feasible, opportunities for
training and employment be made available to lower income residents within the unit of
local government or metropolitan area (or non -metropolitan county), in which the project
is located. In addition, to the greatest extent feasible, contracts for work in
connection with the project shall be awarded to business concerns which are located in,
or in substantial part owned by, persons residing in the same unit of local government
or metropolitan area (or non -metropolitan county), in which the project is located.
The parties to this contract will comply with the provisions of said
Section 3, and the regulations issued pursuant thereto by the Secretary of Housing and
Urban Development set forth in 24 CPR 135, and all applicable rules and orders of the
Department issued thereunder prior to the execution of this contract. The CONTRACTOR
shall take appropriate action pursuant to the subcontract upon a finding that the
subcontractor is in violation of regulations issued by the Secretary of Housing and
Urban Development, 24 CFR 135. The 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. The parties to this contract certify and
agree that they are under no contractual or other disability which would prevent them
from complying with these requirements. (Source: Title 24 CFR 135 revised
April 1, 1984.)
B. Equal Employment Opportunity
in carrying out the program, the CITY shall not discriminate against any
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Labor or as otherwise provided by law.
Exhib`"A" to COUNTY/CITY Contract
7. The contractor will include the portion of the sentence immediately
preceding paragraph (1) beginning with the words 'During the performance of..." and the
provisions of paragraphs (1) through (7) in every subcontract or purchase order unless
exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to
Section 204 of the Executive Order 11246 of September 24, 1965, so that such provisions
will be binding upon each subcontractor or vendor. The contractor will take such action)
with respect to any subcontract or purchase order as the Department may direct as a
means of enforcing such provisions, including sanctions for noncompliance; provided,
however, that in the event a contractor becomes involved in, or is threatened with,
litigation with a subcontractor or vendor as a result of such direction by the
Department the contractor may request the United States to enter into such litigation to
protect the interest of the United States.
The CITY further agrees that it will be bound by the above equal
opportunity clause with respect to its own employment practices when it participates in
federally assisted construction work. The above equal opportunity clause is not
applicable to any agency, instrumentality or subdivision of such CITY which does not
participate in work on or under the contract.
The CITY agrees that it will assist and cooperate actively with COUNTY,
HUD and the Secretary of Labor in obtaining the compliance of contractors and
subcontractors with the equal opportunity clause and the rules, regulations and relevant
orders of the Secretary of Labor; that it will furnish the COUNTY, HUD and the Secretary
of Labor such information as they may require for the supervisions of such compliance;
and that it will otherwise assist the above parties in the discharge of its primary
responsibility for securing compliance.
The CITY further agrees that it will refrain from entering into any con-
tract or contract modification subject to Executive order 11246 of September 24, 1965,
with a contractor debarred from or who has not demonstrated eligibility for, Government
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termination; rates of pay or other forms of compensation and selection for training,
including apprenticeship. The contractor agrees to post in conspicuous places,
available to employees and applicants for employment, notices to be provided by the CITY
setting forth the provisions of this nondiscrimination clause.
2. The contractor will, in all solicitations or advertisements for
employees placed by or on behalf of the contractor state that all qualified applicants
will receive consideration for employment without regard to race, color, religion, sex
or national origin.
3. The contractor will send to each labor union or representative of
workers with which he has a collective bargaining agreement or other contract or
understanding, a notice advising the said labor union or worker's representatives
of the contractor's commitment under Section 202 of Executive Order 11246 of
September 24, 1965, and shall post copies of the notice on conspicuous places available
to employees and applicants for employment.
4. The contractor will comply with all provisions of Executive Order 11246
of September 24, 1965 and of the rules, regulations and relevant orders of the Secretary
of Labor.
5. The contractor will furnish all information and reports required by
Executive Order 11246 of September 24, 1965 and by the rules, regulations and order of
the Secretary of Labor or pursuant thereto and will permit access to his books, records
and accounts by the Department and the Secretary of Labor for purposes of investigation
to ascertain compliance with such rules, regulations and orders.
6. In the event of the contractor's noncompliance with the
nondiscrimination clauses of this contract or with any of such rules, regulations or
orders, this contract may be canceled, terminated or suspended in whole or in part and
the contractor may be declared ineligible for further Government contracts or federally
assisted construction contract in accordance with procedures authorized in Executive
Order 11246 of September 24, 1965, or by rules, regulations or order of the Secretary of
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be made to any contractor who is at the time ineligible under the provisions of any
applicable regulations of the Department of Labor to receive an award of such contract.
(Source: H/CD Funding Agreement #7)
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 Works. (Source:
Orange County H/CD)
D. Non -Discrimination
The CITY in an activity directly or indirectly financed under this contract,
shall comply with:
1. Title VI 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 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 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.
2. Title VIII of the Civil Rights Act of 1968 (Pub. L. 90-284), as amended,
administering all programs and activities relating to housing and community development
in a manner to affirmatively further fair housing; and will take action to affirmatively
further fair housing in the sale or rental of housing, the financing of housing, and the
provision of brokerage services.
3. Section 109 of the Housing and Community Development Act of 1974, and
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Exh. .t "A" to COUNTY/CITY Contracts
1 contracts and federally assisted construction contracts pursuant to the executive order
2 and will carry out such sanctions and penalties for violation of equal opportunity
3 clause as may be imposed upon contractors and subcontractors by BOD or the Secretary of
4 Labor pursuant to Part II, Subpart B of the Executive Order. In addition, the CITY
5 agrees that if it fails or refuses to comply with these undertakings, the COUNTY may
6 take any or all of the following actions: Cancel, terminate or suspend in whole or in
7 part the grant or loan guarantees refrain from extending any further assistance to the
8 CITY under the program with respect to which the failure or refusal occurred until
9 satisfactory assurance of future compliance has been received from such CONTRACTOR.
10 (Source: B/CD Funding Agreement #4 and Executive Order 11246, Part II, Subpart B,
11 Section 202, Title 24 CFR 130, revised April 1, 1984.)
12 C. Federal Labor Standards
13 Except with respect to the rehabilitation of residential property designed
14 for residential use for less than eight families, the CITY and all contractors engaged
15 under contracts in excess of $2,000.00 (Two Thousand Dollars and no/100) for the
16 construction, prosecution, completion or repair of any building or work financed in
17 whole or in part with assistance provided under this contract, shall comply with BUD
18 requirements pertaining to such contracts and the applicable requirements of the
19 regulations of the Department of Labor under 29 CFR Parts 3 (Copeland Act), 5, and 5a
20 (Davis -Bacon Act), governing the payment of wages and the ratio of apprentices and
21 trainees to journeyman: Provided, that if wage rates higher than those required under
22 such regulations are imposed by state of local law, nothing hereunder is intended to
23 relieve the CITY of its obligation, if any, to require payment of the higher rates. The
24 CITY shall cause or require to be inserted in full, in all such contracts subject to
25 such regulations, provisions meeting the requirements of 29 CFR 5.5 and for such
26 contracts in excess of $10,000, 29 CFR S. The "Federal Labor Standards Provisions"
27 (BOD 4010) are made part of this contract.
28 No award of the contracts covered under this section of the contract shall
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revised April 1, 1984)
2. The CITY shall also:
a. Comply with Title II (Uniform Relocation Assistance) of the Uniform
Relocation Assistance and Real Property Acquisition Policies Act of 1970 and BOD
implementing regulations at 24 CFR Part 42 and 570.606;
b. Provide relocation payments and offer relocation assistance as
described in Section 205 of the Uniform Relocation Assistance Act to all persons
displaced as a result of acquisition of real property for an activity assisted under the
Community Development Block Grant Program. Such payments and assistance shall be
provided in a fair and consistent and equitable manner that insures that the relocation
process does not result in different or separate treatment of such persons on account of
race, color, religion, national origin, sex, or source of income;
3. Assure that, within a reasonable period to time prior to displacement,
comparable decent, safe and sanitary replacement dwellings will be available to all
displaced families and individuals and that the range of choices available to such
persons will not vary on account of their race, color, religion, national origin, sex,
or source of income; and
4. Inform affected persons of the relocation assistance, policies and
procedures set forth in the regulations at 24 CFR Part 42 and 570.606. (Source: Title
24 CPR Part 570.606, revised April 1, 1984)
G. Lead -Based Paint Hazards
The construction or rehabilitation of residential structures with assistance
provided under this Contract is subject to the HOD Lead -Base Paint regulations, 24 CPR
Part 35. Any grants or loans made by the CITY or work performed by the CITY for the
rehabilitation of residential structures with assistance provided under this Contract
shall be made subject to the provisions for the elimination of lead -base paint hazards
under subpart C of said regulations and the CITY shall be responsible for the
inspections and certifications required under Section 35.24 thereof. (Source: H/CD
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the regulations issued pursuant thereto (24 CPR Part 570.602), which provides that no
person in the United States shall on the grounds of race, color, national origin, or
sex, be excluded from participation in, be denied the benefits of, or be subjected to
discrimination under, any program or activity funded in whole or in part with funds
provided under this Part.
4. Executive Order 11063 on equal opportunity in housing and
nondiscrimination in the sale or rental of housing built with Federal assistance.
(Source: Title 24 CPR Part 570.601, revised April 1, 1984)
E. Accessibility/Usability of Facilities and Buildings for Physically
Handicapped
The CITY in any activity directly or indirectly financed under this contract
shall require every building or facility (other than a privately owned residential
structure) designed, constructed, or altered with funds provided under this Part to
comply with the "American Standard Specifications for Making Buildings and Facilities
Accessible to, and Usable by, the Physically Handicapped," Number A -117.1-R 1971,
subject to the exceptions contained in 41 CPR 101-19.604. The CITY will be responsible
for conducting inspections to insure compliance with these specifications by any
contractor or subcontractor. (Source: 24 CFR Part 570.202(x), revised April 1, 1984)
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 CPR Part 42; and
b. Inform affected persons of their rights and of the acquisition
policies and procedures set forth in the regulations in 24 CFR Part 42 and 570.606
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1. Compliance with Air and Water Acts
The CITY shall cause or require to be inserted in full in all non-exempt
contracts or subcontracts for work furnished in whole or in part by the grant contracts,
the following requirements (provided that contracts, subcontracts and subloans not
exceeding $100,000.00 (One Hundred Thousand Dollars and no/100) are exempt from this
part:
This Contract is subject to the requirements of the Clean Air Act, as
amended 42 USC 1857 et seq., the Federal Water Pollution Control Act, as amended 33 USC
1251 et seq., and the regulations of the Environmental Protection Agency with respect
thereto, at 40 CFR Part 15, as amended from time to time.
In compliance with said regulations, the CITY shall cause or require to be
inserted in full in all contracts and subcontracts dealing with any non-exempt
transaction thereunder funded with assistance provided under this contract, the
following requirements:
1. A stipulation by the contractor or subcontractors that any facility to
be utilized in the performance of any non-exempt contract or subcontract is not listed
on the list of Violating Facilities issued by the Environmental Protection Agency (EPA)
pursuant to 40 CFR 15.20.
2. Agreement by the contractor that he will comply with all the
requirements of Section 114 of the Clean Air Act, as amended (42 USC 1857c-8) and
Section 308 of the Federal Water Pollution Control Act, as amended (33 USC 1318)
relating to inspection, monitoring, entry, reports and information, as well as all other
requirements specified in said Section 114 and Section 308, and all regulations and
guidelines issued thereunder.
3. A stipulation that as a condition for the award of the contract prompt
notice will be given of any notification received from the Director of the EPA, Office
of Federal Activities or any agent of the office, that a facility utilized or to be
utilized for the contract is under consideration to be listed on the EPA list of
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Exl it "A" to COUNTY/CITY Contract)
1 Funding Agreement #5 and 24 CFR Part 35 and 570.608 revised April 1, 1984)
2 H. Flood Disaster
3 This Contract is subject to the requirements of the Flood Disaster
4 Protection Act of 1973 (P.L. 93-234). No portion of the assistance provided under this
5 Contract is approved for acquisition or construction purposes as defined under
6 Section 3(a) of said Act, for use in an area identified by the Secretary as having
7 special flood hazards, which is located in a community'not then in compliance with the
8 requirements for participation in the national flood insurance program pursuant to
9 Section 201(d) of Said Act; and the use of any assistance provided under this Contract
10 for such acquisition or construction in such identified areas in communities then
11 participating in the national flood insurance program shall be subject to the mandatory
12 purchase of flood insurance requirements of Section 102(a) of said Act.
13 Any Contract or Agreement for the sale, lease or other transfer of land
14 acquired, cleared, or improved with assistance provided under this Contract shall
15 contain, if such land is located in an area identified by the Secretary as having
16 special flood hazards and in which the sale of flood insurance has been made available
17 under the National Flood Insurance Act of 1968, as amended, 42 O.S.C. 4001 et seq.,
18 provisions obligating the transferree and its successors or assignees to obtain and
19 maintain, during the ownership of such land, such flood insurance as required with
20 respect to financial assistance for acquisition or construction purposes under
21 Section 102(x) of the Flood Disaster Protection Act of 1973. Such provisions shall be
22 required notwithstanding the fact that the construction on such land is not itself
23 funded with assistance provided under this Contract. (Source: H/CD Funding Agree -
24 ment #3)
25 The CITY shall comply with the provisions of Executive Order 11296, relating
26 to evaluation of flood hazards and Executive Order 11288 relating to the prevention,
27 control, and abatement of water pollution. (Source: Title 24 CFR 570.605 revised
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April 1, 1984)
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L. Interest of Certain Federal Officials
No member of Delegate to the Congress of the United States and no Resident
Commissioner, shall be admitted to any share or part of this contract or to any benefit
to arise from the same. (Source: H/CD Funding Agreement #10)
M. Interest of Members, Officers or Employees of CITY, Members of Local
Governing Body or Other Public Officials
No member, officer or employee of the COUNTY or CITY its designees or
agents, no members of the governing body of the locality in which the program is
situated and no other public official of such locality or localities who exercise any
functions or responsibilities with respect to the program during his tenure or for one
year thereafter, shall have any interest, direct or indirect, in any contract,
subcontract or the proceeds thereof, for work to be performed in connection with the
program assisted under this contract. The CITY shall incorporate or cause to be
incorporated, in all such contracts or subcontracts a provision prohibiting such
interest pursuant to the purpose of this section. (Source: H/CD Funding Agreement #11,
Title 24 CFR 570.611 and 570.458(14) (M) (X), revised April 1, 1984)
N. Prohibition Against Payments of Bonus or Commission
The assistance provided under this contract shall not be used in the payment
of any bonus or commission for the purpose of obtaining HUD approval of the application
for such assistance or HUD approval of application for additional assistance of any
other approval or concurrence of HOD required under this contract, provided, however,
that reasonable fees or bona fide technical, consultant, managerial or other such
services, other than actual solicitation, are not hereby prohibited if otherwise
eligible as program cost. (Source: H/CD Funding Agreement #12)
0. Hatch Act Compliance
The CITY and COUNTY shall comply with the provisions of the Hatch Act which
limits the political activity of employees. (source: Title 24 CFR Part 570.458(14) (M)
(XI), revised April 1, 1984)
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violating Facilities.
4. An Agreement by the contractor that he will include or cause to be
included the criteria and requirements in paragraph (1) through (4) of this section in
every non-exempt subcontract and requiring that the contractor will take such action as
the Government may direct as a means of enforcing such provisions.
In no event shall any amount of the assistance provided under this
contract be utilized with respect to a facility which has given rise to a conviction
under Section 113(c)(1) of the Clean Air Act of Section 309(c) of the Federal Water
Pollution Control Act. (Source: H/CD Funding Agreement #6)
J. Management Compliance
The CITY in any activity directly or indirectly financed under this contract
shall comply with regulations, policies, guidelines and requirements of OMB Circular No.
A-102, Revised, and Federal Management Circular 74-4: Cost principles applicable to
grants and contract with State and local governments, and Federal Management Circular
74-7: Uniform Administrative Requirements for grant-in-aid to State and local
governments as they relate to the application, administration, acceptance and use of
Federal funds under this Part. (Source: Title 24 CPR Part 570.200(4) revised April 1,
1984)
R. Obligations of Contractor with Respect to Certain Third Party Relationships
The CITY shall remain fully obligated under the provisions of this contract
notwithstanding its designation of any third party or parties for the undertaking of any
part of the program with respect to which assistance is being provided under this
contract to the CITY. Such third party or parties shall comply with all lawful
requirements of the CITY necessary to insure that the program with respect to which
assistance is being provided under this contract to the CITY is carried out in
accordance with the CITY's assurances and certifications, including those with respect
to the assumption of environmental responsibilities of the CITY under Section 104(h) of
the Housing and Community Development Act of 1974. (Source: H/CD Funding Agreement #9)
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P. Definitions
Throughout these Special Provisions the meaning of words shall be that
meaning given by the act, regulation, Executive Order, Federal Management Circular,
agreement, or rule cited herein as the source for the section in which the word appears.
(Source: Orange County Counsel)
4• Note
Federal Management Circular 74-7 has been replaced with Office of Management
and Budget (OMB) A-102.
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Contract No.g41047
Exhibit '"B"
Los Rios Historic District Clean—up
Program (Q12.60
0 0
- A
RESOLUTION OF THE CITY COUNCI OF THE CITY OF SAN
JUAN CAPISTRANO, CAI IFO
RNI APPROVING THE LEASE
OF CERTAIN PROPERTY WITHI HE SAN JUAN CAPISTRANO
CENTRAL REDEVELOPMENT P JECT AREA TO SOUTH ORANGE
COUNTY COMMUNITY THEA ER AND APPROVING THE LEASE
AGREEMENT PERTAININ THERETO
The motion carried by/the following vote:
AYES: Co,uficilmen Friess, Harris, Hausdorfer,
squez, and Mayor Jones
NOES: / None
None
Council ecessed at 9:37 p.m. to conclude the San Juan Capistrano
Commu 'ty Redevelopment Agency meeting, and reconvened at 9:38
P.M./
CITY MANAGER
COMMUNITY DEVELOPMENT BLOCK GRANT CONTRACT - YEAR 17, FISCAL
YEAR 1991-92 (600.50)
Written Communication:
Report dated March 3, 1992, from the Management Assistant I,
forwarding contracts for use of the Community Development
Block Grand funds for year 17, Fiscal Year 1991-92. The
Board of Supervisors approved funding in the amount of
$60,000.
ADDroval of Year 17 CDBG Ooeratina Agreements:
It was moved by Councilman Hausdorfer, seconded by Councilman
Friess, and unanimously carried that the following Year 17
CDBG Agreements be approved as follows: Contract Q12.40 for
rehabilitation of private properties (mobile homes) in the
amount of $50,000 and Contract Q12.60 for Public Facilities
and Improvements - Los Rios Historic Dist jr.t Clean-up
Program in the amount�,000. The Mayor was authorized
to execute the Agreements on behalf of the City.
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0
AGENDA ITEM March 3, 1992
TO: Stephen B. Julian, City Manager
FROM: Julia M. Kimminau, Management Assistant I
SUBJECT: Housing & Community Development Block Grant Program -
Approval of 17th Year Contracts (FY 91-92)
• M1 I •
By motion, authorize the Mayor to execute the 17th Year CDBG Operating
Agreements.
SITUATION:
A. Summary and Recommendation - The City has been allocated $60,000 in Housing
and Community Development Block Grant (CDBG) funds for Year 17, FY 1991-92.
These funds will be used to provide grants for rehabilitation of qualifying mobile
homes and for a Los Rios Historic District Clean-up Program. It is recommended
that the attached contracts with the County for the use of these funds be approved
by the City Council.
B. Background - The CDBG program provides Federal funds for improvements to
housing and public facilities which are of benefit to low and moderate income
persons. The 1974 Housing and Community Development Act authorizes cities
under 50,000 population, such as San Juan Capistrano, to receive funding through the
County Housing and Community Development program.
In 1991, the County Board of Supervisors approved funding for the City's 1991-92
Year 17 program as follows:
012.40 Rehabilitation of Private Properties,
(Mobile Homes): $50,000
Mobile Home Rehabilitation Program for
low and moderate income residents of the
seven mobile home parks in the City
Q12.60 Public Facilities and Improvements -
Los Rios Historic District Clean-up Program: $10,000
Funds are to be used for project development
costs to undertake trash clean-up and removal,
tree trimming and painting in the target area.
FOR CIiY COUNCIL AGE ?4; \ /�
Agenda Item -2- March 3, 1992
• I 1 • .• 1 ••I I Z I•
A Block Grant Application Committee of Community representatives as well as a Planning
Commissioner and a Los Rios Review Committee member reviewed and approved the 17th
Year Application. The Application was submitted to the Planning Commission and the Los
Rios Review Committee as an information item.
FINANCIAL CONSIDERATIONS:
The City will be reimbursed for expenditures on these projects by the County Housing
Community Development Office.
A public hearing for the 17th Year Application was held on November 20, 1990. The
contracts are on file in the City Clerk's Office. A copy of the contracts will be submitted
to the City Council.
ALTERNATE ACTIONS:
1. Approve the 17th Year Operating Agreements for CDBG funds.
2. Approve the 17th Year Operating Agreements for CDBG funds, subject to
modifications.
3. Request additional information from staff.
By motion, authorize the Mayor to execute the 17th Year CDBG Operating
Agreements.
Respectfully submitted,
". Mmminau
Management Assistant I
JMK
March 4 , 1994
Mr. Manny Manzo, Chief
HPS-Grant Management
Orange County Environmental Management Agency
Housing and Redevelopment
P. O. Box 4048
Santa Ana, California 92702-4048
1-6 . U 11 1 m ' ' 5565 07 1 rep WOMPOWIVINIT
Dear Mr. Manzo:
MEMBERS OF THE CITY COUNCIL
CCLLENE CAMPBELL
GARY nAUSCCRFER
GIL JONES
CAROLYN NASH
JEFF VASOUEZ
CITY MANAGER
GEORGESCARBOROUGH
At their meeting of March 1, 1994, the City Council of the City of San Juan Capistrano held a public
hearing regarding the Community Development Block Grant Contracts. Following that hearing, the
Council took that following actions:
1. Approved the Fiscal Year 1992-93, Year 18, contract amendment for re-
programming of funds.
2. Approved the Fiscal Year 1993-94, Year 19, contracts for the rehabilitation of mobile
homes, rehabilitation of private properties, and improvements to the Lacouague
Building.
3. Approved the Fiscal Year 1993-94, Year 19, HOME contracts for rehabilitation of
low-income housing in the City.
4. Adopted Resolution No. 94-3-1-2, which approved execution of the contracts and an
amendment to the Mobile Home Improvement Program Policy and Procedures to
increase the grant amount per household.
32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493.1171
6
Manny Manzo -2- March 4, 1994
The contracts have been signed by the City and 5 copies of each contract are enclosed. When the
contracts have been signed by the appropriate County personnel, please return one copy to the City
Clerk's Office for the City's permanent files. A copy of Resolution No. 94-3-1-2 is also enclosed for
your information.
Very truly yours,
Cheryl Johnson !!//
City Clerk
Enclosures
cc: Director of Planning
Mary Raskin
W
OF
GE
NOV 2 9
:NVIRONM�UEENTT�'Ar�LL MANAGEMENT AGENCY
2'LI IJ U 6hR
HOUSING AND REDEVELOPMENT
November 24, 1993
FILE
Mary Raskin
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92677
RE: CDBG Contracts No. C41176 - Amendment and
No. C41047 - Termination
Dear Ms. Raskin:
MICHAEL M. RUANE
DIRECTOR, EMA
DHONGCHAI PUSAVAT
DIRECTOR OF HOUSING AND
REDEVELOPMENT
LOCATION:
1200 N. MAIN STREET
SUITES 600 & 618
SANTA ANA, CALIFORNIA
MAILING ADDRESS:
P.O. BOX 4048
SANTA ANA, CA 92702-4048
TELEPHONE.
(714) 568-4199
FAX: (714) 568-4202
Transmitted herewith are the Amendment to Contract No. C41176 and
Termination of Contract C41047 for execution by your City Council and
attested by City Clerk. Upon City's execution, please transmit to County the
authorizing resolution or minutes.
Upon receipt, a Board of Supervisors hearing will be scheduled for final
execution of contract amendment.
Please feel free to contact me at 568-4210 should you have any questions.
Sincerely yours,
Michael Chiaramonte
11PS-Grant Management
Attachments
CC. M. Manzo, Chief,11PS/GM