1992-0303_ORANGE , COUNTY OF_Memorandum of ContractaContract No. C41048
COUNTY OF ORANGE
ENVIRONMENTAL MANAGEMENT AGENCY
HOUSING AND COMMUNITY DEVELOPMENT CONTRACT
1 TITLE OF PROJECT: City of San Juan Capistrano: Rehabilitation of Private Properties -
Mobile Home (Q12.40) (Yr. XVII)
2 MEMORANDUM OF CONTRACT entered into this 1st day of July, 1991
3 BY AND BETWEEN
4 CITY OF 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
8 Development Act of 1974 (Public Law 93-383), as
amended, hereinafter referred to as COUNTY.
9
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. C41048
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: City of San Juan Capistrano: Rehabilitation of Private Properties -
Mobile Home (Q12.40) (Yr. XVII). The City of San Juan Capistrano will utilize CDBG
funds for a mobile home rehabilitation program to serve the low- and moderate -income
residents of the 7 mobile home parks within the City. Funds are to be used for Project
Development and to correct health and safety code items only, with maximum possible
assistance of $5,000 per household. (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. C41048
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
lamendment.
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
I CITY.
c. To comply with CDBG Program Regulations, as may be periodically revised
by HUD, 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 HUD CDBG funds through this Contract.
f. That DIRECTOR shall periodically evaluate the CITY's progress in
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1 documentation in coordination with EMA staff.
2 k. To be responsible for design and inspection, including funding the costs
3 related to those activities, unless funding for design and inspection activities is
4 provided for in Section 5.a. of this Contract.
5 1. To submit the Construction Bid Package for this project to DIRECTOR for
6 review prior to advertising for bids on the construction contract or prior to award of
7 such a contract if an alternative method of award is used. CITY shall not advertise for
8 bids until DIRECTOR has approved Construction Bid Package. CITY shall construct project
9 in accordance with the Construction Bid Package which DIRECTOR approved unless prior
10 written approval is received from DIRECTOR for modification therefrom.
11 5. Project Funding:
12 a. Project will be financed under this Contract as follows:
13 Total CDBG Funds $50,000 (Fifty Thousand Dollars and
14 no/100).
15 b. COUNTY shall not be responsible for any costs which exceed the approved
16 CDBG funding amount as referenced in Section 5.a. unless otherwise provided in advance
17 as referenced in Section 4.i.
18 c. Payment by the COUNTY to the CITY shall be on a reimbursable basis
19 unless CITY has been authorized and issued cash advances at the discretion of the
20 DIRECTOR under this Contract.
21 d. Cash advances requested by the CITY under this Contract may be made by
22 the DIRECTOR to the CITY if the following conditions are met:
23 (1) The CITY has demonstrated to DIRECTOR through certification in a
24 form prescribed by DIRECTOR and subsequently through performance, its willingness and
25 capacity to establish CITY financial procedures that will minimize the time elapsing
26 between the receipt of funds and proper disbursement of such funds.
27 (2) The CITY certifies to DIRECTOR, that the CITY's financial
28 management system meets the standards for fund control and accountability prescribed in
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Contract No. C410481
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 disbursement(s) (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
ithen 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 amission 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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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. C410481
this Contract, and/or allocate funds previously assigned to this Contract to another
eligible project(s) within the Urban County.
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0 Contract No. C41048
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.
CITY OF SAN JUANCAPI)I RANO
Dated: March 3 1992 By
GiY' ones Mayor
ATTEST:
City-,CletA
COUNTY OF ORANGE, a political subdivision of
the State of California
Dated:
�k'2b /rf t By
c vat, Director,
EMA-Housing and Redevelopment
//////////////////////////////////////////////////////////////////////////////////////
APPROVED AS TO FORM: 1 3 a, v
TERRY ANDRUS, COUNTY CI�UNSEL
ORANGE COUNTY, CALIFORNIA
BY
APPROVED AS TO FINANCIAL PROVISIONS:
BY hlr
j�
EMA i anc al Services
APPROVED AS TO ACCOUNTING PROVISIONS:
BY -at41�
Accounting Services
MC:bjgAWP25-2(C41048)
12/04/91
28
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C. R.
Acctg. fir'
Env.
S.C. �
•11 • Exit "A" to COUNTS(/CITY Contract
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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 CFR 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 CFR 135, and all applicable rules and orders of the
Department issued thereunder prior to the execution of this contract. The CONTRACTOR
shall take appropriate action pursuant to the subcontract upon a finding that the
subcontractor is in violation of regulations issued by the Secretary of Housing and
Urban Development, 24 CPR 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 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: Title 24 CPR 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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Exhib. "A" to COUNTY/CITY Contract
1 employee or applicant for employment because of race, color, religion, sex or national
2 origin. The CITY shall take affirmative action to ensure that applicants for employment
3 are employed and that employees are treated during employment, without regard to their
4 race, color, religion, sex or national origin. Such action shall include, but not be
5 limited to, the following: employment, upgrading, demotion or transfer; recruitment
6 advertising; layoff or termination; rates of pay or other form, compensation; and
7 selection for training, including apprenticeship. The CITY shall
post in conspicuous
8 places, available to employees and applicants for employment, notices to be provided by
9 the COUNTY setting forth the provisions of this nondiscrimination clause. The CITY
10 shall, in all solicitations or advertisements for employees placed by or on behalf of
11 the CITY, state that all qualified applicants will receive consideration for employment
12 without regard to race, color, religion, sex or national origin. The CITY shall
13 incorporate the foregoing requirements of this paragraph in all of its contracts for
14 program work and will require all of its contractors for such work to incorporate such
15 requirements in all subcontracts for program work. Such contracts shall be subject to
16 HUD Equal Employment Opportunity regulation 24 CFR Part 130 as applicable to HUD
17 assisted construction contracts.
18 The CITY shall cause or require to be inserted in full in any non-exempt
19 contract and subcontract for construction work or modification thereof, as defined in
20 said regulations which is paid for in whole or in part with assistance under the
21 Contract, the following equal opportunity clause:
22 "During the performance of this contract, the contractor agrees as follows:
23 1. The contractor will not discriminate against any employee or applicant
24 fore employment yment because of race, color, religion, sex or national origin. The contractor
25 will take affirmative action to ensure that applicants are employed and that employees
26 are treated during employment, without regard to their race, color, religion, sex, or
27 national origin. Such action shall include, but not be limited to, the following:
28 Employment, upgrading, demotion or transfer, recruitment advertising, layoff or
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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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Exhib "A" to COUNTY/CITY Contract
1 Labor or as otherwise provided by law.
2 7. The contractor will include the portion of the sentence immediately
3 preceding paragraph (1) beginning with the words "During the performance of..." and the
4 provisions of paragraphs (1) through (7) in every subcontract or purchase order unless
5 exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to
6 Section 204 of the Executive Order 11246 of September 24, 1965, so that such provisions
7 will be binding upon each subcontractor or vendor. The contractor will take such action
8 with respect to any subcontract or purchase order as the Department may direct as a
9 means of enforcing such provisions, including sanctions for noncompliance; provided,
10 however, that in the event a contractor becomes involved in, or is threatened with,
11 litigation with a subcontractor or vendor as a result of such direction by the
12 1 Department the contractor may request the United States to enter into such litigation to
13 protect the interest of the United States.
14 The CITY further agrees that it will be bound by the above equal
15 opportunity clause with respect to its own employmentractices when it
p participates in
16 federally assisted construction work. The above equal opportunity clause is not
17 applicable to any agency, instrumentality or subdivision of such CITY which does not
18 participate in work on or under the contract.
19 The CITY agrees that it will assist and cooperate actively with COUNTY,
20 HOD and the Secretary of Labor in obtaining the compliance of contractors and
21 subcontractors with the equal opportunity clause and the rules, regulations and relevant
22 orders of the Secretary of Labor; that it will furnish the COUNTY, HUD and the Secretary
23 of Labor such information as they may require for the supervisions of such compliance;
24 and that it will otherwise assist the above
parties in the discharge of its primary
25 responsibility for securing compliance.
26 The CITY further agrees that it will refrain from entering into any con -
27 tract or contract modification subject to Executive Order 11246 of September 24, 1965,
28 with a contractor debarred from or who has not demonstrated eligibility for, Government
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contracts and federally assisted construction contracts pursuant to the executive order
and will carry out such sanctions and penalties for violation of equal opportunity
clause as may be imposed upon contractors and subcontractors by HUD or the Secretary of
Labor pursuant to Part II, Subpart B of the Executive Order. In addition, the CITY
agrees that if it fails or refuses to comply with these undertakings, the COUNTY may
take any or all of the following actions: Cancel, terminate or suspend in whole or in
part the grant or loan guarantee; refrain from extending any further assistance to the
CITY under the program with respect to which the failure or refusal occurred until
satisfactory assurance of future compliance has been received from such CONTRACTOR.
(Source: H/CD Funding Agreement #4 and Executive Order 11246, Part II, Subpart E,
Section 202, Title 24 CFR 130, revised April 1, 1984.)
C. Federal Labor Standards
Except with respect to the rehabilitation of residential property designed
for residential use for less than eight families, the CITY and all contractors engaged
under contracts in excess of $2,000.00 (Two Thousand Dollars and no/100) for the
construction, prosecution, completion or repair of any building or work financed in
whole or in part with assistance provided under this contract, shall comply with HUD
requirements pertaining to such contracts and the applicable requirements of the
regulations of the Department of Labor under 29 CFR Parts 3 (Copeland Act), 5, and 5a
(Davis -Bacon Act), governing the payment of wages and the ratio of apprentices and
trainees to journeyman: Provided, that if wage rates higher than those required under
such regulations are imposed by state of local law, nothing hereunder is intended to
relieve the CITY of its obligation, if any, to require payment of the higher rates. The
CITY shall cause or require to be inserted in full, in all such contracts subject to
such regulations, provisions meeting the requirements of 29 CFR 5.5 and for such
contracts in excess of $10,000, 29 CFR 5. The 'Federal Labor Standards Provisions"
(HUD 4010) are made part of this contract.
No award of the contracts covered under this section of the contract shall
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Exhib "A" to COUNTY/CITY Contract
1 be made to any contractor who is at the time ineligible under the provisions of any
2 applicable regulations of the Department of Labor to receive an award of such contract.
3 (Source: H/CD Funding Agreement #7)
4 All documents submitted by the CITY to the COUNTY which are required for
5 compliance with the Federal Labor Standards, shall be certified as being true, accurate,
6 and complete by the City Engineer or the Director of Public Works. (Source:
7 Orange County H/CD)
8 D. Non -Discrimination
9 The CITY in an activity directly or indirectly financed under this contract,
10 shall comply with:
11 1. Title VI of the Civil Rights Act of 1964 (Pub. L. 88-352), and the
12 regulations issued pursuant thereto (24 CFR Part 1), which provides that no person in
13 the United States shall on the grounds of race, color, or national origin, be excluded
14 from participation in, be denied the benefits of, or be otherwise subjected to
15 discrimination under any program or activity for which the applicant receives Federal
16 financial assistance and will immediately take any measures necessary to effectuate this
17 assurance. If any real property or structure thereon is provided or improved with the
18 aid of Federal financial assistance extended to the applicant, this assurance shall
19 obligate the applicant, or in the case of any transfer of such property, any transferee,
20 for the period during which the real property or structure is used for a purpose for
21 which the Federal financial assistance is extended, or for another purpose involving the
22 provision of similar services or benefits.
23 2. Title VIII of the Civil Rights Act of 1968 (Pub. L. 90-284), as amended,
24 administering all programs and activities relating to housing and community development
25 in a manner to affirmatively further fair housing; and will take action to affirmatively
26 further fair housing in the sale or rental of housing, the financing of housing, and the
27 provision of brokerage services.
28 3. Section 109 of the Housing and Community Development Act of 1974, and
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the regulations issued pursuant thereto (24 CFR Part 570.602), which provides that no
person in the United States shall on the grounds of race, color, national origin, or
sex, be excluded from participation in, be denied the benefits of, or be subjected to
discrimination under, any program or activity funded in whole or in part with funds
provided under this Part.
4. Executive Order 11063 on equal opportunity in housing and
nondiscrimination in the sale or rental of housing built with Federal assistance.
(Source: Title 24 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 CPR Part 570.202(8), 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 CFR Part 42; and
b. Inform affected persons of their rights and of the acquisition
policies and procedures set forth in the regulations in 24 CPR Part 42 and 570.606
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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 HUD
implementing regulations at 24 CFR Part 42 and 570.606;
b. Provide relocation payments and offer relocation assistance as
described in Section 205 of the Uniform Relocation Assistance Act to all persons
displaced as a result of acquisition of real property for an activity assisted under the
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 CPR Part 42 and 570.606. (Source: Title
24 CFR Part 570.606, revised April 1, 1984)
G. Lead -Based Paint Hazards
The construction or rehabilitation of residential structures with assistance
(provided under this Contract is subject to the HUD Lead -Base Paint regulations, 24 CFR
iPart 35. Any grants or loans made by the CITY or work performed by the CITY for the
Irehabilitation 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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Md&t ^A' to COUNTY/CITY Contract
Funding Agreement #5 and 24 CPR Part 35 and 570.608 revised April 1, 1984)
H. Flood Disaster
This Contract is subject to the requirements of the Flood Disaster
Protection Act of 1973 (P.L. 93-234). No portion of the assistance provided under this
Contract is approved for acquisition or construction purposes as defined under
Section 3(a) of said Act, for use in an area identified by the Secretary as having
special flood hazards, which is located in a community not then in compliance with the
requirements for participation in the national flood insurance program pursuant to
Section 201(d) of Said Act; and the use of any assistance provided under this Contract
for such acquisition or construction in such identified areas in communities then
participating in the national flood insurance program shall be subject to the mandatory
purchase of flood insurance requirements of Section 102(a) of said Act.
Any Contract or Agreement for the sale, lease or other transfer of land
acquired, cleared, or improved with assistance provided under this Contract shall
contain, if such land is located in an area identified by the Secretary as having
special flood hazards and in which the sale of flood insurance has been made available
under the National Flood Insurance Act of 1968, as amended, 42 U.S.C. 4001 et seq.,
provisions obligating the transferree and its successors or assignees to obtain and
maintain, during the ownership of such land, such flood insurance as required with
respect to financial assistance for acquisition or construction purposes under
Section 102(a) of the Flood Disaster Protection Act of 1973. Such provisions shall be
required notwithstanding the fact that the construction on such land is not itself
funded with assistance provided under this Contract. (Source: H/CD Funding Agree-
ment #3)
The CITY shall comply with the provisions of Executive Order 11296, relating
to evaluation of flood hazards and Executive Order 11288 relating to the prevention,
control, and abatement of water pollution. (Source: Title 24 CFR 570.605 revised
April 1, 1984)
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I. Compliance with Air and Water Acts
The CITY shall cause or require to be inserted in full in all non-exempt
contracts or subcontracts for 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 at 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 CPR 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*t "A" to COUNTY/CITY Contract;i
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 CFR 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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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 HDD 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)
O. 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)
(X1), revised April 1, 1984)
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Exhot W to COUNTY/CITY Contract)
P. Definitions
Throughout these Special Provisions the meaning of words shall be that
meaning given by the act, regulation, Executive Order, Federal Management Circular,
agreement, or rule cited herein as the source for the section in which the word appears.)
(Source: Orange County Counsel)
Q. Note
Federal Management Circular 74-7 has been replaced with Office of Management
and Budget (OMB) A-102.
JM:bjgAWP2-5 -13-
06/16/86
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41
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mobile home parks
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RESOLUTION No 92-3-3-1 APPROVING LEASE OF FORMER
PACIFIC BELL BUILDING AT 31776 EL CAMINO REAL TO
SOUTH ORANGE COUNTY COMMUNITY THEATER - A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, APPROVING THE LEASE
OF CERTAIN PROPERTY WITHIN THE SAN JUAN CAPISTRANO
CENTRAL REDEVELOPMENT PROJECT AREA TO SOUTH ORANGE
COUNTY COMMUNITY THEATER AND APPROVING THE LEASE
AGREEMENT PERTAINING THERETO
The motion carried by the following vote:
AYES: Councilmen Friess, Harris, Hausdorfer,
Vasquez, and Mayor Jones
NOES: None
ABSENT: None
RECESS AND RECONVENE
Council recessed at 9:37 p.m. to conclude the San Juan Capistrano
Community Redevelopment Agency meeting, and reconvened at 9:38
p.m.
ADMINISTRATIVE ITEMS
CITY
MANAGER
COMMUNITY DEVELOPMENT
BLOCK GRANT
CONTRACT - YEAR 17 FISCAL
�1.
YEAR 1991-92 (600J�.50)
Written CommuniZion:
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.
ADoroval of Year 17 CDBG one 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 home" in the
amount of $50,000 and Contract Q12.60 for Public Facilities
and Improvements - Los Rios Historic District Clean-up
Program in the amount of $10,000. The Mayor was authorized
to execute the Agreements on behalf of the City.
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3/3/92
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)
By motion, authorize the Mayor to execute the 17th Year CDBG Operating
Agreements.
STI'UATION:
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:
Q12.40 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 CITY COUNCIL AGEN IhA /0,--,,
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Agenda Item
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March 3, 1992
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.
NOTIFICATION:
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,
oq ���I�
Com. Kimminau
Management Assistant I
JMK