1991-0108_ORANGE , COUNTY OF_Memorandum of Contract• . Contract No. C40938
COUNTY OF ORANGE
ENVIRONMENTAL MANAGEMENT AGENCY
HOUSING AND COMMUNITY DEVELOPMENT CONTRACT
1 TITLE OF PROJECT: City of San Juan Capistrano: Mobile Home Rehabilitation (P12.40)
Year XVI
2 MEMORANDUM OF CONTRACT entered into this day of,
3 19qi•
4 BY AND BETWEEN
5 CITY OF SAN JUAN CAPISTRANO, a municipal
corporation, hereinafter referred to as CITY,
6
and
7
COUNTY OF ORANGE, a political subdivision of the
8 State of California and recognized Urban County
under the Federal Housing and Community
9 Development Act of 1974 (Public Law 93-383), as
amended, hereinafter referred to as COUNTY.
10
11 WHEREAS, COUNTY and CITY previously entered into a Cooperation Agreement
12 dated September 5, 1990, in which both parties agreed to cooperate in the undertaking,
13 or assist in the undertaking, of community development and housing assistance
14 activities, and
15 WHEREAS, the CITY has submitted to the COUNTY an application for funding
16 of a project hereinafter described, and
17 WHEREAS, the COUNTY adopted the FINAL STATEMENT OF OBJECTIVES AND PROJECTED USE
18 OF FUNDS on May 16, 1990 (Resolution No. 90-679) which sets forth the project described
19 herein, and
20 WHEREAS, the U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT has accepted and
21 certified the aforementioned FINAL STATEMENT, and
22 WHEREAS, the COUNTY has entered into a separate agreement dated
23 August 7, 1990 with the U.S. Department of Housing and Urban Development (hereinafter
24 referred to as HUD) to fund said project under the Housing and Community Development Act
25 of 1974 (Public Law 93-383), as amended.
26 NOW, THEREFORE, IT IS AGREED by and between the parties that the following
27 provisions as well as all applicable Federal, State and County laws and regulations
28 including the attached SPECIAL PROVISIONS, identified as EXHIBIT "A", are part of this
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• + Contract No. C40938
1 Contract.
2 1. For the PURPOSES OF THIS CONTRACT the following definitions shall apply:
3 a. Project Manager: The party responsible for, but whose responsibility is
4 not limited to the following: Contracting, monitoring and implementing the project
5 through completion.
6 b. Director: The Director of the Orange County Environmental Management
7 Agency (hereinafter referred to as EMA) or his designee.
8 C. Reimbursable Basis: The CITY will provide the funds for the project and
9 submit proof of payment to the COUNTY, whereby upon approval, the COUNTY will forward
10 Community Development Block Grant (hereinafter referred to as CDBG) funds to repay the
11 CITY.
12 d. Construction Bid Package: A package of bidding documents which includes
13 proposal, bidding instructions, contract documents, detailed estimated costs and plans
14 and specifications for a construction project, all prepared in accordance with
15 applicable Federal regulations.
16 2. It is understood that the CITY will act as PROJECT MANAGER for the project
17 described as: City of San Juan Capistrano: Mobile Home Rehabilitation (P12.40)
18 Year XVI. The City of San Juan Capistrano will utilize CDBG funds for a mobile home
19 rehabilitation program to serve the low- and moderate -income residents of the 7 -mobile
20 homes parks within the City. Funds are to be used for project administration and to
21 correct health and safety code items only, with maximum possible assistance of $5,000
22 per household (see attached map, EXHIBIT "B", which is part of this Contract).
23 3. It is agreed by all parties that the project shall be completed and all
24 funds provided through this Contract shall be expended on eligible project activities
25 prior to December 31, 1991. Invoices for all approved project costs funded by the Block
26 Grant under this Contract shall be submitted within 180 days after the above date. The
27 date for project completion and expenditure of all funds may be extended at the
28 discretion of the DIRECTOR, on a year -by -year basis up to a maximum period of five (5)
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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 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
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
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iContract No. C40938 ii
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 BUD 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,
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
documentation in coordination with EMA staff.
k. To be responsible for design and inspection, including funding the cos
related to those activities, unless funding for design and inspection activities is
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Contract No. C40938
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 $45,000.00 (Forty-five 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.
(2) The CITY certifies to DIRECTOR, that the CITY's financial
management system meets the standards for fund control and accountability prescribed in
Office of Management and Budget Circular No. A-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
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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
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 CDSG 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.
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
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Contract No. C4093811
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 CD13G 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.
S. 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
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 persona
injuries or property damage resulting from or as a consequence of, CITY's performance o
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
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
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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
this Contract, and/or allocate funds previously assigned to this Contract to another
eligible project(s) within the Urban County.
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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: January 2, 1991
ATTEST:
C,&ty gi.erk
Dated: ( — v
CITY OF SAN JUAN CAPISTRANO
By
COUNTY OF ORANGE, a political subdivision of
the State of California
By
//////////////////////////////////////////////////////////////////////////////////////
APPROVED AS TO FORM:
ADRIAN RUYPER, COUNTY COUNSEL
ORANGE COUNTY, CALIFORNIA
By
APPROVED AS TO FINANCIAL PROVISIONS:
By lw�4�
iiA-FfnaWc t
Services
APPROVED AS TO ACCOUNTING PROVISIONS:
By
EMA A c unting Services
RMD:bjgAWP25-2(C40938)
11/28/90
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H/CD
C.R. W1 �J
Acctg._
Env._
S.C.
,
0 Exhite"A" to COUNTY/CITY Contract
SPECIAL PROVISIONS
1 A. Section 3 - Compliance with the Provision of Training Employment and
2 Business Opportunity
3 The CITY shall cause or require to be inserted in full in all contracts and
4 subcontracts for work financed in whole or part with federal financial assistance
5 provided under this Contract, the Section 3 clause set forth in 24 CFR 135.20(b). The
6 CITY will provide such copies of 24 CFR Part 135, as may be necessary for the
7 information of parties to contracts required to contain the said Section 3 clause.
8 section 3 requires that to the greatest extent feasible, opportunities for
9 training and employment be made available to lower income residents within the unit of
10 i local government or metropolitan area (or non -metropolitan county), in which the project
11 III is located. In addition, to the greatest extent feasible, contracts for work in
12 connection with the project shall be awarded to business concerns which are located in,
13 or in substantial part owned by, persons residing in the same unit of local government
14 or metropolitan area (or non -metropolitan county), in which the project is located.
15 The parties to this contract will comply with the provisions of said
16,1!, Section 3, and the regulations issued pursuant thereto by the Secretary of Rousing and
17 Urban Development set forth in 24 CFR 135, and all applicable rules and orders of the
18 Department issued thereunder prior to the execution of this contract. The CONTRACTOR
19 ;shall take appropriate action pursuant to the subcontract upon a finding that the
20 (,subcontractor is in violation of regulations issued by the Secretary of Rousing and
21' Urban Development, 24 CFR 135. The CONTRACTOR will not subcontract with any
22 ,,subcontractor where it has notice or knowledge that the latter has been found in
231IIviolation of regulations under 24 CPR 135. The parties to this contract certify and
24, agree that they are under no contractual or other disability which would prevent them
25' from complying with these requirements. (Source: Title 24 CFR 135 revised
26 !(April 1, 1984.)
27 I� B. Equal Employment Opportunity
28( In carrying out the program, the CITY shall not discriminate against any
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Exhi'*t "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'i 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','I 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
151j requirements in all subcontracts for program work. Such contracts shall be subject to
1611 HUD Equal Employment Opportunity regulation 24 CPR 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
19,1 contract and subcontract for construction work or modification thereof, as defined in
2011 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 , for employment p 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 11 are treated during employment, without regard to their race, color, religion, sex, or
27'I national origin. Such action shall include, but not be limited to, the following:
1 i
28 II Employment, upgrading, demotion or transfer, recruitment advertising, layoff or
&a
• Exhito "A" to COUNPY/CITY Contract
1 termination; rates of pay or other forms of compensation and selection for training,
2 including apprenticeship. The contractor agrees to post in conspicuous places,
3 available to employees and applicants for employment, notices to be provided by the CITY
4 setting forth the provisions of this nondiscrimination clause.
5 2. The contractor will, in all solicitations or advertisements for
6 employees placed by or on behalf of the contractor state that all qualified applicants
7 will receive consideration for employment without regard to race, color, religion, sex
8 or national origin.
9 3. The contractor will send to each labor union or representative of
10 !I workers with which he has a collective bargaining agreement or other contract or
11 understanding, a notice advising the said labor union or worker's representatives
12'i of the contractor's commitment under Section 202 of Executive Order 11246 of
13,1 September 24, 1965, and shall post copies of the notice on conspicuous places available
14 to employees and applicants for employment.
15 4. The contractor will comply with all provisions of Executive Order 11246
16 of September 24, 1965 and of the rules, regulations and relevant orders of the Secretary
17 of Labor.
18 5. The contractor will furnish all information and reports required by
19 Executive Order 11246 of September 24, 1965 and by the rules, regulations and order of
20 ,the Secretaryof Labor or pursuant thereto and will
pu permit access to his books, records
21 Iand accounts b the Department and the Secretary of Labor for
Y p y purposes of investigation
22 to ascertain compliance with such rules, regulations and orders.
23 6. In the event of the contractor's noncompliance with the
24 'nondiscrimination clauses of this contract or with any of such rules, regulations or
25 orders, this contract may be canceled, terminated or suspended in whole or in part and
26'the contractor may be declared ineligible for further Government contracts or federally
27 ('assisted construction contract in accordance with procedures authorized in Executive
28
Order 11246 of September 24, 1965, or by rules, regulations or order of the Secretary of
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Exh "-'t "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
8i with respect to any subcontract or purchase order as the Department may direct as a
91 means of enforcing such provisions, including sanctions for noncompliance; provided,
10,1 however, that in the event a contractor becomes involved in, or is threatened with,
11I litigation with a subcontractor or vendor as a result of such direction by the
121, 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
1511 opportunity clause with respect to its own employment practices when it participates in
161 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.
19111 The CITY agrees that it will assist and cooperate actively with COUNTY,
201;1 HUD and the Secretary of Labor in obtaining the compliance of contractors and
21',1 subcontractors with the equal opportunity clause and the rules, regulations and relevant
22i orders of the Secretary of Labor; that it will furnish the COUNTY, HUD and the Secretary
231 of Labor such information as they may require for the supervisions of such compliance;
241 and that it will otherwise assist the above parties in the discharge of its primary
25111 responsibility for securing compliance.
26;The CITY further agrees that it will refrain from entering into any con-
27tract 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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0 Exhit4b"A" to COUNTY/CITY Contract
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 HUD or the Secretary of
4 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
6 take any or all of the following actions: Cancel, terminate or suspend in whole or in
7 part the grant or loan guarantee; refrain from extending any further assistance to the
8 CITY under the program with respect to which the failure or refusal occurred until
9 I', satisfactory assurance of future compliance has been received from such CONTRACTOR.
10 (Source: B/CD Funding Agreement #4 and Executive Order 11246, Part 1I, Subpart B,
11 vection 202, Title 24 CFR 130, revised April 1, 1984.)
12
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C. Federal Labor Standards
Except with respect to the rehabilitation of residential property designed
14J for residential use for less than eight families, the CITY and all contractors engaged
15 I under contracts in excess of $2,000.00 (Two Thousand Dollars and no/100) for the
161i construction, prosecution, completion or repair of any building or work financed in
17 li whole or in part with assistance provided under this contract, shall comply with HUD
18 requirements pertaining to such contracts and the applicable requirements of the
19'I regulations of the Department of Labor under 29 CFR Parts 3 (Copeland Act), 5, and 5a
2011(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 y such regulations are imposed by state of local law, nothing hereunder is intended to
2311 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
251', such regulations, provisions meeting the requirements of 29 CFR 5.5 and for such
26 i contracts in excess of $10,000, 29 CFR 5. The "Federal Labor Standards Provisions"
27111 (HUD 4010) are made part of this contract.
261, No award of the contracts covered under this section of the contract shall
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Exh'-'t "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 .abor 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
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 iThe 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
121, regulations issued pursuant thereto (24 CFR Part 1), which provides that no person in
13 j the United States shall on the grounds of race, color, or national origin, be excluded
14 ''i from participation in, be denied the benefits of, or be otherwise subjected to
15,i 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 an transfer of such
g pp y 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
251, 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
Q
• Exhit*"A" to COUNTY/CITY Contract
1 the regulations issued pursuant thereto (24 CFR Part 570.602), which provides that no
2 person in the United States shall on the grounds of race, color, national origin, or
3 sex, be excluded from participation in, be denied the benefits of, or be subjected to
4 discrimination under, any program or activity funded in whole or in part with funds
provided under this Part.
6 4. Executive order 11063 on equal opportunity in housing and
7 nondiscrimination in the sale or rental of housing built with Federal assistance.
8 (Source: Title 24 CFR Part 570.601, revised April 1, 1984)
9 E. Accessibility/Usability of Facilities and Buildings for Physically
10 Handicapped
11 The CITY in any activity directly or indirectly financed under this contract
12 shall require every building or facility (other than a privately owned residential
13 11 structure) designed, constructed, or altered with funds provided under this Part to
14,1 comply with the "American Standard Specifications for Making Buildings and Facilities
15 ' Accessible to, and Usable by, the Physically Handicapped," Number A -117.1-R 1971,
16 11subject to the exceptions contained in 41 CFR 101-19.604. The CITY will be responsible
17 for conducting inspections to insure compliance with these specifications by any
18 contractor or subcontractor. (Source: 24 CFR Part 570.202(R), revised April 1, 1984)
19 F. Relocation
20 1. The CITY in any activity directly or indirectly financed under this
21
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24
25
26
27
6-1
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
I policies and procedures set forth in the regulations in 24 CPR Part 42 and 570.606
-7-
Exh' t "A" to COUNTY/CITY Contract
1 revised April 1, 1984)
2 2. The CITY shall also:
3 a. Comply with Title II (Uniform Relocation Assistance) of the Uniform
4 Relocation Assistance and Real Property Acquisition Policies Act of 1970 and BUD
implementing regulations at 24 CFR Part 42 and 570.606;
6 b. Provide relocation payments and offer relocation assistance as
7 described in Section 205 of the Uniform Relocation Assistance Act to all persons
8 displaced as a result of acquisition of real property for an activity assisted under the
9 Community Development Block Grant Program. Such payments and assistance shall be
10 provided in a fair and consistent and equitable manner that insures that the relocation
11 iprocess does not result in different or separate treatment of such persons on account of
12 'I race, color, religion, national origin, sex, or source of income;
1311 3. Assure that, within a reasonable period to time prior to displacement,
14 , comparable decent, safe and sanitary replacement dwellings will be available to all
15 I displaced families and individuals and that the range of choices available to such
16 I persons will not vary on account of their race, color, religion, national origin, sex,
17 1or source of income; and
18 4. Inform affected persons of the relocation assistance, policies and
19 (procedures set forth in the regulations at 24 CFR Part 42 and 570.606. (Source: Title
20 I24 CFR Part 570.606, revised
April 1, 1984)
21 i G. Lead -Based Paint Hazards
1
22111 The construction or rehabilitation of residential structures with assistance
231, provided under this Contract is subject to the HUD Lead -Base Paint regulations, 24 CFR
24 I part 35. Any grants or loans made by the CITY or work performed by the CITY for the
25 rehabilitation of residential structures with assistance provided under this Contract
1
26lshall be made subject to the provisions for the elimination of lead -base paint hazards
27I under subpart C of said regulations and the CITY shall be
p g responsible for the
281 inspections and certifications required under Section 35.24 thereof. (Source: H/CD
' Exhite"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
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 n compliance with the
8 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
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.
13Any Contract or Agreement for the sale, lease or other transfer of land
14 j acquired, cleared, or improved with assistance provided under this Contract shall
15'
16
17
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.,
18' provisions obligating the transferree and its successors or assignees to obtain and
19
20
21
22
23
24
25
26'
27 li
28
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
April 1, 1984)
ML
(Source: Title 24 CFR 570.605 revised
Exh' t "A" to COUNTY/CITY Contract
1 I. Compliance with Air and Water Acts
2 The CITY shall cause or require to be inserted in full in all non-exempt
3 contracts or subcontracts for work furnished in whole or in part by the grant contracts,
4 the following requirements (provided that contracts, subcontracts and subloans not
5 exceeding $100,000.00 (One Hundred Thousand Dollars and no/100) are exempt from this
6 part:
7 This Contract is subject to the requirements of the Clean Air Act, as
8 amended 42 USC 1857 et seq., the Federal Water Pollution Control Act, as amended 33 USC
8 1251 et seq., and the regulations of the Environmental Protection Agency with respect
10 thereto, at 40 CFR Part 15, as amended from time to time.
11 In compliance with said regulations, the CITY shall cause or require to be
12:'I inserted in full in all contracts and subcontracts dealing with any non-exempt
13,I transaction thereunder funded with assistance provided under this contract, the
14
15
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)
18 pursuant to 40 CFR 15.20.
19 2, Agreement by the contractor that he will comply with all the
20 requirements of Section 114 of the Clean Air Act, as amended (42 USC 1857c-8) and
21 Section 308 of the Federal Water Pollution Control Act, as amended (33 USC 1318)
22relating to inspection, monitoring, entry, reports and information, as well as all other
23 requirements specified in said Section 114 and Section 308, and all regulations and
24 ! guidelines issued thereunder.
25 1
26.
91
3. A stipulation that as a condition for the award of the contract prompt
notice will be given of any notification received from the Director of the EPA, Office
of Federal Activities or any agent of the office, that a facility utilized or to be
utilized for the contract is under consideration to be listed on the EPA list of
-10-
0
• Exhite"A" to COUNTY/CITY Contract
1 Violating Facilities.
2 4. An Agreement by the contractor that he will include or cause to be
3 included the criteria and requirements in paragraph (1) through (4) of this section in
4 every non-exempt subcontract and requiring that the contractor will take such action as
3 the Government may direct as a means of enforcing such provisions.
6 In no event shall any amount of the assistance provided under this
7 contract be utilized with respect to a facility which has given rise to a conviction
8 under Section 113(c)(1) of the Clean Air Act of Section 309(c) of the Federal Water
9 Pollution Control Act. (Source: H/CD Funding Agreement A6)
10 J. Management Compliance
11 The CITY in any activity directly or indirectly financed under this contract
12 shall comply with regulations, policies, guidelines and requirements of OMB Circular No.
13j A-102, Revised, and Federal Management Circular 74-4: Cost principles applicable to
14 grants and contract with State and local governments, and Federal Management Circular
15' 74-7: Uniform Administrative Requirements for grant-in-aid to State and local
16 governments as they relate to the application, administration, acceptance and use of
17 iFederal funds under this Part. (Source: Title 24 CFR Part 570.200(4) revised April 1,
i8 1984)
19 K. Obligations of Contractor with Respect to Certain Third Partv Relationships
20 1The CITY shall remain full obligated under the
y ated g provisions of this contract
2111 notwithstanding its designation of any third party or parties for the undertaking of any
22I11 part of the program with respect to which assistance is being provided under this
23 contract to the CITY. Such thirdart
p y or parties shall comply with all lawful
24', requirements of the CITY necessary to insure that the program with respect to which
25II assistance is being provided under this contract to the CITY is carried out in
26 accordance with the CITY's assurances and certifications, including those with respect
27,
.
to the assumption of environmental responsibilities of the CITY under Section 104(h) of
28 the Housing and Community Development Act of 1974. (Source: H/CD Funding Agreement #9)
-11-
Exht "A" to COUNTY/CITY Contract
1 L. Interest of Certain Federal Officials
2 No member of Delegate to the Congress of the United States and no Resident
3 Commissioner, shall be admitted to any share or part of this contract or to any benefit
4 to arise from the same. (Source: H/CD Funding Agreement #10)
5 M. Interest of Members, Officers or Employees of CITY, Members of Local
6 Governing Body or Other Public Officials
7 No member, officer or employee of the COUNTY or CITY its designees or
8 agents, no members of the
g governing body of the locality in which the program is
9 situated and no other public official of such locality or localities who exercise any
10 l functions or responsibilities with respect to the program during his tenure or for one
14
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
15 interest pursuant to the purpose of this section. (Source: H/CD Funding Agreement #11,
1611 Title 24 CFR 570.611 and 570.458(14) (M) (X), revised April 1, 1984)
17 1� N. Prohibition Against Pa
g Payments of Bonus or Commission
18 The assistance provided under this contract shall not be used in the payment
1911 of any bonus or commission for the purpose of obtaining HUD approval of the application
20 for such assistance or HUD approval of application for additional assistance of any
21 1
11 other approval or concurrence of HUD required under this contract, provided, however,
22that reasonable fees or bona fide technical, consultant, managerial or other such
23''i1l services, other than actual solicitation, are not hereby prohibited if otherwise
241 eligible as
g program cost. (Source: H/CD Funding Agreement #12)
251
0. Hatch Act Compliance
2611 The CITY and COUNTY shall comply with the provisions of the Hatch Act which
271 limits the political activity of employees. (Source: Title 24 CFR Part 570.458(14) (M)
28
(Xl), revised April 1, 1984)
-12-
• Exhite"A" to COUNTY/CITY Contract
1 P. pefinitions
2 Throughout these Special Provisions the meaning of words shall be that
3 meaning given by the act, regulation, Executive Order, Federal Management Circular,
4 agreement, or rule cited herein as the source for the section in which the word appears.
5 (Source: Orange County Counsel)
6 Q. Note
7 Federal Management Circular 74-7 has been replaced with Office of Management
8 and Budget (OMB) A-102.
9
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January 3, 1991
Julia Havens
Community Development
Orange County Environmental
Management Agency
P. O. Box 4048
Santa Ana, California 92702-4048
JVAN*
i� nlenro,�e
T IA.. 1961
1776
Re: 16th Year Community Development Block Grant Agreements
Dear Ms. I iavens:
MEMBERS OF THE CITY COUNCIL
LAWRENCE F. BUCHNEIM
KENNETH E. PIII
GARY L.HAUSDORFER
OIL JONES
JEFFVAEGUEZ
CITY MANAGER
STEPHEN B JULIAN
The City Council of the City of San Juan Capistrano at its adjourned regular
meeting held January 2, 1991, approved the following Housing and Community
Development Contracts:
Contract No. C40937, Public Facilities and Improvements - Lacouague
Community Building, Old Fire Station Complex (P12.50) Year XVI, at $25,000
Contract No. C40938, Mobile Home Rehabilitation (P12.40), Year XVI, at
$45,000
Five copies of each Agreement are enclosed. Upon approval of the Board of
Supervisors, please return one fully -executed copy to this office.
Thank you for your cooperation. If we can be of further assistance, please call.
Very truly yours,
G r
Cheryl Johnson
City Clerk
Enclosures
cc: Julia Kunminau
.ae ate. .',L,, ADEA MN71i, SAN 1— . . —rin I-HANO, CALIFORNIA 92675 0 (714) 499.1171
0 0
AGENDA ITEM January 2, 1991
TO: Stephen B. Julian, City Manager
FROM: Julia M. Kimminau, Community Development Assistant
SUBJECT: Housing & Community Development Block Grant Program -
Approval of 16th Year Contracts (FY 90-91)
SITUATION
A. Summary and Recommendation - The City has been allocated
$70,000 in Housing and Community Development Block Grant
(CDBG) funds for Year 16, FY 1990-91. These funds will be
used to provide grants for rehabilitation of qualifying mobile
homes and design of improvements to the Lacouague Community
Building. 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 HCD program.
In 1990, the County Board of Supervisors approved funding for
the City's 1990-91 Year 16 program as follows:
P12.40 Rehabilitation of Private Properties,
(Mobile Homes): $45,000
Mobile Home Rehabilitation Program for
low and moderate income residents of the
seven mobile home parks in the City
P12.50 Public Facilities and Improvements -
Lacouague Community Building, Old
Fire Station Complex: $25,000
Design of improvements to two buildings
to create more class, meeting room and
office space. This will primarily
benefit the low and moderate income
senior citizens who use facilities on
a daily basis.
FOR CITY COUNCIL AGEN# �� n
0 0
Agenda Item - 2 - January 2, 1991
In order for the City to utilize these funds, an operating
agreement must be entered into between the County of Orange
and the City of San Juan Capistrano. The agreement outlines
the amount of funds, the use of funds, who may qualify, and
compliance with employment and labor regulations, non-
discrimination, and other similar provisions. The City has
entered into these agreements for the past 15 years.
COMMISSION/BOARD REVIEW AND RECOMMENDATIONS:
The Los Rios Review Committee, the Planning Commission, and a Block
Grant Committee of Community representatives as well as a Planning
Commissioner and a Los Rios Review Committee member approved the
16th Year Application.
The City would be reimbursed for expenditures on these projects by
the County BCD Office.
NOTIFICATION:
A public hearing for the 16th Year Application was held in
November, 1989.
ALTERNATE ACTIONS:
1. Approve the 16th Year Operating Agreements for CDBG funds.
2. Approve the 16th Year Operating Agreements for CDBG funds,
subject to modifications.
3. Request additional information from staff.
By motion, authorize the Mayor to execute the 16th Year CDBG
Operating Agreements.
Respectfully submitted,
.0 M'KirYl(Yli(0_U
ul ' a M. Kimminau
Community Development Assistant
JMK:rmb