HomeMy WebLinkAboutCC Res 3344 1984-01-09
RESOLUTION NUMBER ~~~~
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SEAL BEACH ADOPTING A HOUSING AND COMMUNITY
DEVELOPMENT CONTRACT WITH THE COUNTY OF ORANGE
IN APPLYING FOR PUBLIC FACILITIES AND IMPROVEMENT
FUNDS UNDER THE HOUSING AND COMMUNITY DEVELOPMENT
ACT OF 1974
THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE:
WHEREAS, the City previously entered into a Cooperation Agreement
with the County of Orange dated November 24, 1981 in
which both parties agreed to cooperate in the undertaking,
or assist in the undertaking, of Community Development
and Housing Assistance Activities; and
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WHEREAS, the City has submitted to the County an application for
funding of a project described as Public Facilities and
Improvements - Alleys (113.1) (RE: 12th Street Alley); and
WHEREAS, the County has entered into a separate agreement dated
August 2, 1983 with the U.S. Department of Housing and
Urban Development to fund said project under the Housing
and Community Development Act of 1974 (Public Law 93-383).
WHEREAS, this contract attached hereto as Exhibit nAn further
defines the responsibilities of the two parties.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City
of Seal beach does hereby approve the contract attached hereto
as Exhibit nAn and authorizes the Mayor to enter into the contract
on behalf of the City.
PA"'D, APPRD"D AND ADOPTED b, th, eft, eo"~l,of th, e~
Seal Beach at a meeting thereof held on the ~ day of ~
1984, by the following vo . ~ '
AYES: Councilmembe ~
NOES: Councilmembers
ABSENT: Councilmembers
ATTEST:
:J~OI~i1h{ rI2
(SYty Clerk I
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF SEAL BEACH )
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I, Joanne M. Yeo, City Clerk of the City of Seal Beach, California,
do hereby certify that the fO~ing resolution is the original
copy of Resolution Number $iJ on file in the office of the City
Clerk,t~d, approved and adopted by the City Council of ~
City 0 Seah Beach at a regular meeting thereof held on the~
day of 1984.
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Resolution !lumber ~~.;t/
Contract No. C2693l
COtJN'1'Y OF ORANGE
BNVIRONMEN'l'AL Ml\NAGEMEN'l' AGENCY
ROUSING AND COMMDNITY DEVELOPMEN'l' CONTRACT
TITLE OF PROJECT: Public Facilities and Improvements - Alleys (113.1)
IIBIIJRANDlJM OF CONTRACT entered into this
day of
,
19_.
BY AND IlE'l'WEEN
CITY OF SEAL BEACH, a municipal corporation,
hereinafter referred to as CITY,
and
COtlNTY OF ORANGE, a political Subdivision of
the State of California and recognized Urban
County under the Pederal Housing and Community
Development Act of 1974 (Public Law 93-383),
as amended, hereinafter referred to as COtJN'1'Y.
IIIIEREAS, COUNTY and CITY previously entered into a Cooperation Agreement,
dated November 24, 1981 in which both parties agreed to cooperate in the
undertaking, or assist in the undertaking, of community development and housing
assistance activities, and
WHEREAS, the CITY has submitted to the COtlN'1'Y an application for funding
of a project hereinafter described, and
WHEREAS, the COtlN'1'Y has entered into a separate agreement dated August 2,
1983 with the U. S. Department of Housing and Urban Development (hereinafter
.
designated as BUD) to fund said project under the Housing and Community Development
Act of 1974 (Public Law 93-383), as amended (hereinafter referred to as ACT).
NOW, '1'HBREFORE, IT IS AGREED by and between the parties that the following
provisions as well as all applicable Federal, State and County laws and regulations
including the attached SPECIAL PROVISIONS, identified as EXHIBIT -A-, and all other
attached Exhibits, are part of this Contract.
1. Por 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
~lementing the project.
b. Construction Bid Package: A pac~age of bidding documents which
includes,proposal, bidding instruction, contract documents, detailed estimated costs
and plans and specifications for a construction project all prepared in accordance
with applicable federal regulations.
c. Director: The Director of the Orange County Environmental
Management Agency.
d. 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 funds to repay the CITY.
~eso 1 uti on :'lunber 3~i.J t/
11 2. It is understood that the CITY is solely responsible for
12 implementation of the project, described as: Public Facilities and Impl:OVementll
13 (113.1). The CITY will utilize CDBG funds to reconstruct water and sewer lines and
14 repave the 12th Street alley to directly serve low- and moderate-income households
15 (see Map EXHIBIT "B").
16 It is agreed by aU parties that funds provided through this Contract
17 shall be expended on eligible project activities prior to December 31, 1984. In the III
18 event that the CITY has not submitted appropriate invoices for all approved Pl:oject
19 costs funded by the Block Grant prior to December 31, 1984, this Contract shall be
20 subject to termination at the discretion of the COUNTY. CITY may, prior to the
21 Contract termination date, make written request to DIRECTOR for extension thereof.
22 Such request may be granted by DIRECTOR upon his written concurrence of good cause.
23 3. CITY agrees:
24 a. Any amendment(s) to this Contract shall be submitted to and
25 approved by the COUNTY, prior to commencement by CITY of such project.
26 b. To be Project Manager fot said project and to submit any and
27 all third-party contracts funded through this Contract to DIRECTOR for review prior
28 to sward of such contracts by CITY.
1 c. To be responsible for design and inspection, including funding
2 the costs related to those activities, unless funding for design and inspection
3 activities is provided for in Section 4.a. of this Contract.
4 d. To submit the Construction Bid Package for this project to
5 DIRECTOR for review prior to advettising for bids on the construction contract or
6 prior to award of such a Contract if sole source procurement is used. CITY shall
7 not advertise for bids until DIRECTOR has approved Construction Bid Package. CITY
8 shall construct project in accordance with the Construction Bid Package which
9 DIRECTOR approved unless prior written approval is received from DIRECTOR for
10 deviation therefrom.
11 ,e. That aU work shall be in accordance with CITY's governing
12 buildiRg and safety codes.
13 f. To maintain accounting records, official files, and other
14 evidence pertaining to costs incurred as required by all applicable HUD regulations,
15 and all of these shall be accessible for the purposes of monitoring, surveys, audits
16 and examinations by duly authorized tepresentatives of COUNTY or BUD. These records
17 shall be kept available at CITY'S office during the project's contuct period and
18 thereafter for three (3) years from the date of final payment of BUD Community
19 Development Block Grant funds.
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llesolution Number ~3f/f/
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g. That the project shall be constructed for Community Development
purposes as defined by applicable BUD provisions to ensure maximum feasible benefit
and utilization of the project by low- and moderate-income persons.
h. That DIRECTOR, shall periodically evaluate the CITY's progress
in complying with the terms of this Contract. CITY shall cooperate fully in such
evaluation. DIRECTOR shall report the findings of each evaluation to the CITY and
Orange County Board of Supervisors. If it is determined by the Board of Supervisors
that performance or progress on performance is unsatisfactory, the Board of
Supervisors may withhold further funding on the project pending resolution,of the
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unsatisfactory condition(s) or may terminate this Contract. In addition, the Board
of supervisors may require reimbursement of any funds that it determines to be
improperly expended or not expended on the project in a timely manner.
i. That if it is Subsequently determined by COtJN'1'Y or BUD that
funds were not expended in compliance with the applicable federal laws and
regulations, CITY will refund to COUNTY such sums as were improperly expended.
j. When the project is completed all unexpended funds remaining
will be returned to the COtlN'1'Y. COUNTY may then reallocate returned funds to ot~er
Urban County activities at the discretion of the Board of Supervisors.
k. To assume responsibility for California Environmental Quality
Act CClIIIpliance and to provide COUNTY with necessary information to comply with the
National Environmental poliCy Act.
4. project Punding:
a. The estimated project cost(s) covered by this agreement is:
Land Acquisition
$
$
-0-
-0-
Design and Inspection
Construction Contract
$71,000.00 (Seventy-one Thousand
Dollars and no/100).
TOTAL
$71,000.00 (Seventy-one Thousand
20 Dollars and no/100).
21 b. Based on the above estimate, this project will be financed as
22 follows:
I 23 Block Grant Punds $71,000.00 (Seventy-one Thousand
24 Dollars and nO/100).
25 TOTAL $71,000.00 (Seventy-Dne Thousand
26 Dollars and no/100).
27 c. COtJN'1'Y shall not be responsible for any costs which exceed the
28 approved Block Grant amount.
!":eso1ution i'lumber ~3c./t.J
Ocntract No. C2693l
1 d. Payment by the COtlN'1'Y to the CITY shall be on a reimbursable
2 b~sis unless CITY has been authorized and issued cash advances by COUNTY under this
3 Contract.
4 e. Cash advances requested by the CITY under this Contract shall be
5 made by the COtJN'1'Y to the CITY if the following conditions are met:
6 . (1) The CITY has demonstrated to DIRECTOR through certification
7 in a form prescribed by DIRECTOR and SUbsequently through performance, its
8 willingness and ability to establish procedures that will minimize the time elapsing
9 between the receipt of funds and disbursement of such funds.
10 (2) The CITY certifies to DIRECTOR, that the CITY's financial
11 management system meets the standards for fund control and accountability prescribed
12 in Office of Management and Budget Circular No. A-102 as amended from time to time.
13 (3) The CITY complies with the cash advance procedures as shall
14 be required by the Financial Procedures of the Housing and Col1llllunity Development
15 Program Office of County's Environmental Management Agency (hereinafter EMA). These
16 procedures require that upon written receipt of funds from the COtJN'1'Y, the CITY
17 shall disburse payment to vendor within five (5) working days and submit such
18 evidence (i.e., warrants, etc.) to the COUNTY.
19 If the CITY is subsequently found, by DIRECTOR, to be in
20 noncompliance with 4.e.(1) through 4.e.(3) CITY shall be paid pursuant to 4.d.
21 f. Reimbursable basis payments, as referred to in section 4.d.
22 above, and/or cash advances described in 4.e. above, shall be made in accordance
23 with the financial procedures of EMA. In the event of conflict between such
24 financial procedures and any applicable statutes, rules or regulations of BUD,
25 including Office of Management and Budget Circular No. A-102, the latter shall
26 prevail.
27 5. Neither COtJN'1'Y nor any officer nor employee thereof shall be respon-
28 sible for any damage or liability occurring by reason of any action or omil!sion of
1 CITY or its agents, associates, contractors, subcontractors, materialmen, laborers,
2 or any other persons, firms, or corporations furnishing or supplying work service,
3 materials; or supplies in connection with CITY's performance of this Contract and
4 from any and all claims and losses accruing or resulting to any persons, firm or
5 corporation for personal injuries or property damage resulting from or as a
6 consequence of, CITY's performance of this Contract under or in connection with any
7 work, authority or jurisdiction delegated to CITY under this Contract. It is also
8 understood and agreed that, pursuant to California Government Code Section 895.4,
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Resolution Number ~~<i~
CITY shall fully indemnify, defend and hold COUNTY harmless frOlD 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 agen~s of
COtlN'1'Y.
6. Neither CITY nor any officer nor employee thereof shall be
responsible for any damage or liability occurring by reason of any action or
anisslon of COUNTY, its agents, associates, contractors, subcontractors,
materialmen, laborers, or any other persons, firma, or corporations furnishing or
supplying work, service, materials, or supplies in connection with COtJN'1'Y's
performance of this Contract and UOID any and all claims and losses accruing or
resulting to any persons, firm or corporation for personal injuries or property
damage resulting frOlD or as a consequence of COUNTY's performance of this Contract
under or in connection with any work, authority or jurisdiction delegated to COtJN'1'Y
under this Contract. It is also understood and agreed that, pursuant to California
Government Code Section 895.4, COtlN'1'Y 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 OIDission of COtlN'1'Y 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,
e~loyees or agents of CITY.
'7. Where contract funds are withheld, and at the request and expense of
4 -CITY, COUNTY will accept securities equivalent to the amount withheld pursuant to
5 Section 9-3.2. Such substituted security, meeting the requirments of Government
6 Code Section 4590, shall be deposited with COUNTY, or with a State or federally
7 chartered bank as escrow agent. If security is deposited with an escrow agent, it
8 shall be covered by an escrow agreement.
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8.
In the event of CITY's failure to comply with the provisions of this
10 Contract, COUNTY may at its discretion withhold funds and/or reallocate funds to
11 another activity considered by the COtJN'1'Y to be in compliance with the ACT.
::!esolution :lunber -'3t.1c.j
Contract No. C2693l
1 IN WITNESS THEREOF, CITY has caused this Contract to be executed by its Mayor
2 and attested by its ClerkJ COtJN'1'Y has caused this Contract to be executed by the
3 Chairman of the Board of Supervisors and certified by Clerk of the Board all having
4 been duly authorized by the City Council of CITY and ~he Orange County Board of
5 Supervisors.
6 CITY OF SEAL BEACH
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8 Dated:
9
ATTEST:
:; C}.,.JM~
12 Ci~y Cler
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Dated:
SIGNED AND CERTIFIED THAT A COPY OF
18 THIS DOCUMEN'l' BAS BEEN DELIVERED TO
THE CHAIRMAN OF THE BOARD.
21 JUNE ALEXANDER
Clerk of the Board of Supervisors
22 of Orange County, California
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APPIlOVED AS TO FORM: / /_ I y,,+ ~
24 ADRIAN KUYPER, County Counsel
ORANGE" COtJN'1'Y, CALIFORNIA
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: By ,J1r /' ~S
28 B/c9/"4~~
PZ:ktbDB26:l8
ByJfd;.%
COtlN'1'Y OF ORANGE, a political subdivision
of the State of California
By
Chairman of the Board of Supervisors
COUNTY
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Resolution Number . .3~tI<I
BldIibit -.- to COlJIft'Y/CITY Contract
8PBCIAL .ROVJSIClIIS
ro. Sectlon 3 - eamll_ With the 'rcwbion of '1'raininCl BlDDl_nt and
aUline.. OPPortunlty
'1'be Oft pall caule or require to be in.erted in full in all contracts
and lubaontcactl for work financed in whole or part with fecSeral financial
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ulilta_ prcwi4ed uncter thb Contract, the Section 3 cla~.e let forth in 24 CFR
135.20 (b) . '1'be CIft will prcwi4e luch ccpiel of 2. en 'art 135, .. ..y be
DlCeaauy for the illfor..tion of pattie. to contractB required to contain the .aid
Section 3 clau.e.
Section 3 require. that to the greatest e.tent fea.ible, opportunities
for training and eaplo,raent be ..de,a.al1eble to lower incaae reaidents within the
unit of local government or lIetropolitan area (or non-.etropolitan county), in which
the project 18 located. In addition, to the greateat e.tent fe.Iible, contracts for
work in connection with the project 8luall be awarded to busine.. concerns which are
located in, or in aubstantial part CNned by, perlOns raliding in the aue unit of
local govemaent or ..tropolitan area (or __tropolitan county), in wbich the
project is located.
'1'IIe partiea to thia contract will ClCIIIIlly with the prcwbiona of .aid
Section 3, and the regulatiOll8 illuecl pursuant thereto by the Secretary of Boudng
and Urban Deveiopaent let forth in 2. en 135, and all applicable rule. and orders
of the Deparblent tl.ued thet,under prior to the execution of thb contract. The
ern 0.11 take approprlat. actlon purauant to the llIbcofttract upon a findin!l that
the lubcontractor tl in violation of regulations illued b.r the Secretery of Souling
aDd Urban Develolaent, 2. en 135. '1'be contractor will DOt lubClontract with any .ub-
contcactor where it bal notice or II_ledge that the letter baa been found in vio-
lation of regulations un4er 2. en 135. '1'be parties to thil contract ..rUfy and
egr.. that they ar. under 110 contractual or other eli.abUlty wblab _u14 prevent
the frOlll ClCIIIIl1ying wlth these requlr_ntl. (Source I 'Vol. 38, Bo. 203, 'J'lt1e 24
en 135)
a. lknIa1 -\_nt OPPortunity
In canylng oat the progr.., the CI'1'Y aball DOt clilcrtllinate against any
.-p~e or applicant for .-p1oyllent becaUM of race, color, religion, lell or
..tional origin. '1'h. Oft allall teke affinutive action to inaure th.t applicants
to.! .-p1oy118nt are 8IIIP1oyed and that .-p1oyees are treated cluring 8IIIP1~nt,
.,U:bout regard to their caCl8, oolor, ceUgion, ... oc national odlJin. Such action
Ihall include, but not be lillited to, the fo11ovingl .-p1o,raent, upgrading,
cleIIOtion or tra.fer, recruitllent a4vertillngr layoff or tenlinationr rates of pay
or other forll, C!CIIpenaation, and ..lectim for training, including apprenticeship.
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'fbe Cfty ahal1 po8t in conspicuous places, ."ailab1e to RlPloyees and applicants for
employment, notices to be provided by the COUIl'1'Y aetting forth the provisions of
this nondiscrimination c1auae. ~he Cfty shall, in all ao1icitations or
advertia_nts for elllPloyees placed by or on behalf of tha CI'l'Y, atate that all
qualified applicants "ill receive consideration for elllp10yaent without regard to
race, color, religion, aex or national origin. 'lbe CITY ahall incorporate the
foregoing requireMnts of this paragraph in all of ita contracta for program work
and "ill require all of ita contractors for auch work to incorporate auch
requir...nts in all subcontracta for progr.. work. Such contracts shall be subject
to BUD Bqual Bllployment Opportunity regulation 24 CPR Park 130 .. applicable to BUD
assiated con.truction contracts.
~he CITY ahall cau.e or require to be inserted in full in any non8xelllpt
COIltract and aubcontract for construction work or .xIificatlon thereof, as defined
in aaid regulationa wIIicb is paid for in whole or in part "ith .aaiatance under the
CClMrat*, the following equal OSIPOrtunity cl.uael
-During the perforunce of thia contr.ct, the contr.ctor .gree. as
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follonl
1. '!be contr.ctor "ill not .Uscrillinate egaillllt any np10yee or
.pplicant for 8IIP1oyaent beeau.. of r.ce, color, religion, sex or n.tional origin.
'l'be _tr.ctor "ill take .ffirutive at*ion to ellllure that .pplicants .re employed
and that U1P1oyeea .re treated turing U1PloyMnt, "ithout regar4 to their race,
color, religion, ..x, or national origin. Such .ction ahall include, but not be
li11ited to,. tbe following I _loyaent, apgrac!ing, dnotion or tr.nsfer~ recruit:aent
"rtiaini, layoff or teraination, r.tes of payor other foms of ccapenaation and
ae1ection for training, including apprenticeahip. 'l'he contr.ctor .greea to po.t in
con.picuoua places, available ,to UIP1oyee. and .pplicanta for aployment, notice. to
be provided by the CI'l'Y aetting forth the provision. of this nondiscrillination
clause.
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2. ~he contractor will, in .11 solicitations or .dverti....nt. for
employeea placed by or on behalf of the contractor at.te that all qualified
applicants "ill receive conaideration for employment "ithout regard to race, color, I
religion, au or national Origin.
3. '1he contractor will aend to each labor union or representative of
workers with wIIich he ha. a collective bargaining agr_nt or other contract or
underatanding, a notice .c!viaing the .aid labor union or worker'. representatives of
the contractor'a cammit:llent under Section 202 of "ecutive Order 11246 of September
24, 1'&5, and .hell po8t copiea of the notice in conspicuous place. available to
1IIIp1oyees and applicant. for U1ployMnt.
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Resolution Number ~!!!>c/f./
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t. 'lbe contractor wll1 CCIIIPly with all provisions of Bxecutive Order
11246 of lepteaber 24, 1165 e~ ~. .Jbe pQ1es, regulations and relevant orders of the
Secretary of Labor.
5. 'lbe contractor will furnish all infonllltion and reports required by
"ecuti.. Orc1er ll2t' of leptaber at, 1165 and by the rules, regulations and order
of the secretary of Labor or JlUrsuant thereto and will penait a_ss to his books,
recorcJa and accounts by the Depart8ent and the Secretary of Labor for purposes of
i_stigation to a_rtain OClIIpliance with sucll rules, regulatiOlll and orders.
I. In tha event of the oontrector's nonCCIIIPliance with the
DCIIIdiacriaination clau..s of this oontract or with any of such rules, rl9ulations or
.c1ers, this oontract MY be aanceled, tanainated or suapended in wbo1e or in part
end the aontractor MY be c1eclared ineligible for further Govenaent contracts or
federally ..Bisted _traction oontract in accordance with procedures author bed in
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Iblec1Jti.. Order 112t6 of lepttllllber 2t, 1165, . by rules, regulations or order of
the secretary of Labor or .. otherwise provided by law.
7. 'lbe contractor will include the portion of the nntence i_diately
preceelSing paragreph (1) beginning with the !lOrds .During the performance of.... and
the provisions of paragraphs (11 through (7) in every subcontract or purchase order
unle.. eXlIIPted by rules, regulations or orcSera of the Secretary of Labor issued
pursuant to lection 204 of the Bxecutive Order 11246 of Septellber 24, 1165, so that
such proviBions wlll be binding upon each subcontractor or vendor. "he contractor
wlll take such action with respect to any subcontract or purchase order as the
Deparblent ..y direct as a .ans of enforcing such provilions, inCluding sanctions
for IIClIlCllIIIPliance, provided, bowever, that in the event a contractor becomes
involved in, or is threatened with, litigation with a subcontractor or vendor as a
result of such cSirection by the Depart:llent the contractor ..y request the United
ltates to enter into such litigation to protect the interest of the Unite4 States.
'lbe CJ'1'Y further agrees that it will be bound by the above equal
opportunity clause with respect to ita 011II .-ployaent prectices when it participates
in federally aaaiatecS conetruction'work. 'lbe above equal opportunity clause is not
applicable to eny agency, instr_ntality or subdiviaion of such CJ'1'Y which does not
participate in !IOrk on or an4er the aontract.
'lbe ern IlIrees that it wll1 ..ailt and cooperate acti..ly with
~n, BUD and the Secretary of Labor in obtaining the OClIIpliance of oontractors
and aubcontractors with the equal CIIIllDrtanity claun and the rules, regulations and
relevant orc1era of the secretary of Labor, that it wll1 furnish tbe COUII'1'Y, BUD and
the secretary of Labor auch iDfonaation as they MY require for the supervisions of
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Resolution rlu8ber ~t/c,1
allCb ~li_r lUll! that it will otherwi.. aaaiat the above per tie. in t:IIe
discharge of ita primary re.pon.ibility for hCurlng oc.pli_.
fte CITY further agree. thet it w111 refrain frea entering into any
con~ract or contr.ct ~iflC8tlOft .ubject to "ecutive Order 11246 of 8eptellber 24,
l,is, with. contr.ctor debured frea or who h.. not d_trated eligibility for,
Government contract. and federally ..siatea construction contracts pursuant to the
executive order and will carry oat auch aanctions and pena1tiea for violation of
equal opportunity clau.e as MY be lIIponc! upon contractors and subcontractors by
I
IUD or the Secretary of Labor P3ulIant to Part II, Bubpert B of the Bxecutive Order.
tn addition, the CI'l'Y agrees that if it fa11. or refu.e. to _ply with these
undertakings, the CDmft'y ..y take any or all of the following actions I Cancel,
terminate or .uspend in whole or in pert t:IIe grant or loan guarantee, refrain from
extending any further a..latence to the CITY under the progru with respect to which
the failure or refu.a1 occurred until aatisfactory assurance of future compliance
has been received fram .uch CClRTRACl'Oll. (Source I B/a> Funding Agreement 14 and
"ecutlve Order 11246, Part It, Subpart B, Section 202)
C. Pedenl Labor Standards
Bxcept with respect to the ~ehabilitetion of residential property
designed for residential u.. for leu than eight fuilies, the CITY and all
I
contractors engaged under contr.cta in exce.s of U,OOO.OO ('1'wo 'Ibousand Dollars and
no/100) for the construction, prosecution, oc.pletion or repair of .ny building or
_rk financed in who1. or in part with ...latance provided under this contract,
alla11 CClIlIply with IUD requir_nta perteining to .uch contracta and the applicable
nqair...nt. of the r-vu1ationa of the Deputaent of Labor aader 2' CPR Parta 3
(COpeland Act), 5, and Sa (Devi.....con Act), tcmtming the peYMftt of wages .nd the
ratio of .pprentice. lUll! trai_s to :toun~nl provided, th.t if w.ge rate.
higher than those required IJftder .D regul.tions are iIIpoeec1 by .tate or local 1_,
nothing herellnder i. intended to reline the crn of ita oblig.tion, if any. to
require pII1IMAt of the b1gbu rate.. 'ftIe CITY alla11 cau.e or require to be inserted
ill full, ill all allCb _tracta aubject to RCh r-vulations, provlaiona .eting the
nqair...nta of 2' CPR 5.5 lUll! for .1ICb contracta in ace.. of flO,ooo, ~' CPR sa.,
tile -Padera1 Labor St:anc1arda ProvialOll8- (IUD 4010) are Mde pert of thi. contract,
110 _ard of the contracts covered llllder thi. section of the contract
allall be Mde to any contractor who i. at the ta. ineligible under the provision.
of any appliCable regulations of the Depart:llent of Labor to recei". an ward of .uch
contract. (Source. B/a> Punding Agre_t '7)
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Resolution Number ~~~~
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All cJoc_nta a~itted by the crn to the COUII'l'Y which are required
for <<BPlilUlCe with the Federal Labor Standards, ahall be certified as being true,
accurate, and <<BP1ete by the City Bngineer or the Director of Public Works.
(Source. Orange County R/CDI
D. .on-Discriminstion
~e crn in any activity 4irectly or indirectly financed under tbis
contract, ahall OlllIPly "ith.
J 1. !'itle VI of the Civil Righta Act of 1964 (Pub. L. 88-352), and
the regulations iaauecll purauant thereto (24 era .art 11, which provic!es that 110
per80ll in the Unita4 States 8IIall 01\ the grounds of race, color, or nstional origin,
be ..eluded froll participation in, be 4enied the benefit:ll of, or be otherwise
aubjecte4 to 4iacrimination an4er any program or activity for which the applicant
racei..s Federal financial aaaiatance ani! "ill t.mediately teke any ..asurea
_aaary to effectuate thia ..surance. If any real property or atructure thereon
la provic!ed or b1pr0ve4 "ith the al4 of Pec!era1 financial ...iatance e.tended to the
1IPP11cant, this aaaurance 8IIal1 obligate the applicant, ~ In the cue of any
tranafer of .acb property, any tranaferee, for the periocS 4urlng wbicb the real
property or atructure is uaec! for a purplllle foz wbich the Federal financial
a..i.tance is uten4ed, ~ for another purpoae involving the provision of aimilar
.."ioea or benefita.
2. !'iUe VIII of the Civil Rigbts Act of 1968 (Pub. L. '0-284), as
_nded, a4miniatering all progr_ and activities relating to bouaing and _unity
....lopaent in a manner to affirmatively further fair housing, and "ill take action
to affirmati!8ly further fair bouaing in the ..le or rental of housing, the
fi_ing of housing, ani! the proviaion of brokerage aervices.
3. Section 109 of the lIouBing and C:C-Unity Oegeloplll!nt Act of
1174, ani! the regulations iasued purauant thereto (24 erR Part 570.601), which
provi4e. that DO peraon in the United Statea shall on the groun4s of race, color,
national origin, or aex, be e.cluded frOll participation in, be denied the benefits
of, or be .ubjected to 4iacrimination under, any program or activity funded in whole
or in part with funds provided under this .art.
4. Bxecutive Order 11063 on equal opportlDlity in bouaing and
non4iscrillination in the .ale or rental of houaing built "ith Federal aasistance.
(Source. Vol. 43, .0. 41, !'it1e 24 era Part S70.307(L 1-411
B. Accessibilitv/Usabilitv of Facilities and Buildings for PhysicallY
BandicaPlled
'fbe cny in any activity 4irectly or indirectly financed under this
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Resolution Number .3, tiC;
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contract ahall require ..ery building or facUlty (otber than a privately owned
residential atructure) designed, conltructed, or altered with funds provided under
this 'art to ca.ply with the -American Standard Specifications for Making Buildings
and Facilitiea Aoceaaib1e to, and Vaable by, the 'hysically Handicapped,- Number A-
ll1.1-a 1111, aubject to the uceptiona contained in U en 101-19.604. The CITY I
will be reaponaib1e for oonducting inapectiOlll to inlure ca.pliuce with these
apecificationa by any contractor or IUbcoDtractor. (Source I 24 en .art 570.307 (I) )
P. "location
1. 'l'he ern in any activity directly or indirectly financed under
thia contract aba111
a. 'l'o the ,reatest atent practicable under State law, clllllply
with Sectlona 301 and 302 of 'l'it1e III (VIliforll ..al 'roperty Acqui81tion 'olicy) of
the VIliforll "location Auiatanca and ..al 'roperty Acqui81tion 'olicies Act of 1970
and wUl coqI1y with Sections 303 and 304 of Title III, and BUD bp1_nting
lnItructton~ at 24 en .art 42, and
5 b. Inform affected perlOns of their rights and of tile
e aoquiaitlon policies and procedurea set forth in the regu1ationa at 24 en Part .2
7 and 570.602(b). I'
S 2. 'l'he ern shall a1101
9 a. CCIIply with 'l'itle II (VIliform "location Assiatancel of the
10 VIliform "location Assistance and Real .roperty Acquisition Policlea Act of 1970 and
11 BUD bpleaenting regulations at 24 en .art .2 and 570.602(a),
12 b. 'rovide relocation payaenta ana offer relocation a..iatance
13 .. deacribed in Section 205 of tha VIliforll "location Aasistance Act to all persons
14 displaced as a reault of acquisition of real property for an activity assisted under
15 the CaIIIunity Developl8nt Block Grant Program. Such payments and asaiatance sball
16 be provided in a fair and _btent and equitable ..nner that lnaurea that the
17 relocation proceas doea not result in different or ..parate treatment of auch
18 perlOna on account of race, color, religion, national ori,in, ae., or lOurce of
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19 i_,
20 3. Asaare that, within a rea_ble period of tl.. prior to
21 dllplace..nt, ~able decent, aafe and aanitary rep1_t dwellings will be
22 ..aUab1e to all diaplaced faUiea and individua1a and that the range of choices
23 available to auch penona wUlllOt "Q' on account of their race, color, reliCJlon,
24 utiona1 origin, ..., or IOIJrCll of illCCllle' and
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Reso 1 ut i on Number :B.;s 1,/ r/
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4. IDfor. .ffected penons of tile reloc.tion ..d.tance, policies
and procedures Nt fortll in tbe Eegul.tion. at 24 CPR Part 42 and 5'70.602 (a) .
(lourGe' Vol. 43, 110. U '1itle 24 CPR P.rt 5'70.30'7 (n I 0))
G. Leac1-B.HC! Paint ....rc!.
"- aonatructiDn OE Eahabi1itation of Ee.ic!enti.l .tructures with
uai.tance provic!ec! anc!er tIIi. contract ia .ubject to tbe BUJ) Leac1....e Paint
nguleti_, 24 CPR Put 35. Any ,rants or loans ..c!e by tile CI'l'Y or work perfonaed
by tbe CI'IY for the Eehabi1itation of reaic!ential .tructurea with aaaia~nce
Plf!l9icJec! unc!er tIIis contr.ct aba11 be ..de .ubject to tile proviaions for tile
e11alDation of lead-baae paint baurda unclIer .ubpart . of .aid r89ulations and the
CI'IY aha11 be Eesponsib1e for tile inspectiona and certifications required under
lection 35.14(f) thereof. (Sourcel B/CD Funding Agr_nt '5 and 24 CPR Psrt 35)
.. Flood Disaster
'Ibis contract is subject to tile EequireMnU of the Flood Disaster
Protection Act of 1973 (P.L. .3-234). .0 portion of the assiatance provided under
tIIis contract is approved for acquisition or construction purposes as defined under
lection 3 (a) of .aid Act, for use in an .rea identified by tile Secretary as having
8peCial flood hazarda, which is located in a _unity not then in compliance with
tile requir...nts fOr participation in the national flood insurance program pursuant
to lection 201 (d) of laid Act, .nd the UN of any .asistance provided under this
Contract for .uch acquisition or aonatruction in such identified .reas in
_nities tIIen participating in tile n.tional flood insurance program ahall be
.ubject to tile ..ndatory purch... of flood insurance requiraments of Section 102 (a)
of .aid Act.
Any Contract or Agr....nt for tile ..le, 1e.se or other tr.nsfer of land
acquirec!, cleared, or laproved with .saistance provided under tIIis Contract shall
cont.in, if .uch lend is loc.ted in an u.. ic!entifiec! by the lecretary .s having
Qecia1 flood h...rds, anclI in wbiob tbe sale of flood insurance baa been ..de
,
...ileb1e ander the ..tiona1 Plood lnaurance Act of 1.6., .s ...nded, 42 V.S.C. 4001
et seq., provisions obligating the transferr.. and ita succe._a or .aaignees to
obtain and ..intain, during tile _rship of .uch 1.nd, .uch flood insurance as
Eequirec! witll Eespect to financial a..iatance for acqu~sition or construction
puQlOHa anclIer Section 102(a) of the Plood Di..ater PEOteCtion Act of 11173. luch
proviaiOll8 shall be Eequirec! DOtwl thatanclllng tbe f.ct that tile aonstruction on .uch
land is DOt itself func!ed witll .ssiatance provided under tIIi. contEact. (Source I
&/CD Pum1ing Agr_nt 13)
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Resolution Number :33c./c/
: fte CI'rY lIbal1 COIIp1y with the provia10118 of BKecuti.. Order 11296,
relating to e.a1uation of f10ad ba.ard. and laecuti.. Order 11288 relating to the
pre..ntion, control, and abat_nt of water pollution. (Source: Vol. n, &0, 41,
~it1e 2t CPR 570.307(j))
I. CamDliance with Air and Water Acts
'lbe ern .hall eau.e or require to be inserted in full in all nonexempt I
contract. or .ubcontract. for work furni.hed in who1. or in part ~ the grant
contract., the following requir...nta (provided that contract., .ubcontracts and
.ubloans not lUlceeding noo,ooo.OO (One Hundred Tbouaand Dollar. and noll001 are
lUlelllpt fr_ thia part.
fti. Contract is aubject to the require..nts of the Clean Air Act, as
_nded U USC 1857 et aeq., the Fed.ral water Pollution Control Act, u amended 33
USC 1251 et .eq., and the regulations of the Bnvir_nta1 Protection Agency with
respect thereto, at to CPR Part 15, .. ...nded fr_ tiM to time.
In CCIIIpliance with .aid rll9ulatiOll., the CI'l'Y ahal1 cause or require to
be inserted in full in all contract. and subcontracts dealing with any llOn-exempt
tranaaction thereGllder funded with a..iatance provided UDder thia contract, the
following requir_nt.. I
1. A atipu1ation ~ the contractor or aubcontractora that any facility
to be utilbed in the perf~ of any -xelllPt contract or aubcontract ia not
liated on the liat of ViOlating Pacilities iaaued by the Bnvbo..-IIU1 Protection
Ag.ncy (Bl'A) purauant to to CPR 15.20.
2. Agr_nt by the contractor that b. will COIIply with all the
requir...nta of Section llt of the C1aan Air Act, .. -.ncJed (n use 1857e-8) and
Section 308 of th. Padera1 water Pollution Control Act, .. ...ndad (33 USC 1318)
r.lating to iupection, _itoring, entry, repcxU and infonllltion, .. _11 .. all
other requir...nta apecified in ..id Section lit and Section 308, and all
regulatiClllll. and guide1inea is.ued ther.under.
. 3. A atipulation that e. a condition for the award of the contract
pro.pt notice will be gi..n of any notification received fr_ the Director of the
IIPA, Office of hd.ra1 ActiYiti.a or any agent of that office, that a facility
utili.ed or to be utili.ed for the contract ia under con.ideration to be 1iated on
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the IIPA 1iat of ViOlating Facilities.
t. An Agr....nt by the contractor that he will includ. or cauae to be
included the criteria and requlr_nta in paragraph (1) through (4) of thia .ection
in every non-ellelllpt .ubcontract and requiring that the contractor will take .uch
action a. the Gcwer_nt .y direct aa a ..... of enforcing auch provi.ions.
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Resolution Number 3~1/t./
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14 In no event ah.ll .ny aIIOunt of the ...istance p1'ovidec! under this
16 contract be utUi8ed with reql8ct to . f.cUity which baa given rl.e to . conviction
16 under Section 113 (c) (1) of the Clean Alr Act or Sectlon 309 (c) of the "edera1 Water
17 Pollution Control Act. ISOarcel II/CD 1'anc11ng Atr_nt '6)
18 ;S. llanao_nt '"-U.nce
19 ~ crl'Y in .ny .ctivity directly or indirectly financed under this
JO contr.ct i8h.ll cx.p1y with the regu1.tions. policie., gUidelines and requir..ents of
21 GIll Circular 80. 1.-102, Revl.ell, and Pederalllanag_nt Circular 7t-h Cost
12 prlncip1es applicable to ,ranta and contracta wlth State and lDca1governaents, .nd
23 Wedera1 llanag..nt Circular "'-'71 Unifora AdIIlniatr.tbe &equlr_nta for ,rant-ln-
24 a14 to State and looal gover_nte a. they relate to the application,
. _inietration,. _ptance and use of Wedera1 fanlSs und.r thi. 'art. (Source: Vol.
IS .3,~. .1, ~it1e 2. cra .art 570.307(,))
ff7 S. Ob1~a.tion. of Contr.ctor with Re.pect to Certein 'l'hird Party
18 Re1.tion.hiDe
1 fte ern ahall r_ln fully abli,.ted under the provi.lona of this
2 IlOIItract IIOtwitbetending ita de.ignation of any third party or parti.. for the
3 undertaking of any part of the progr.. with re.pect to whlch a..istance i. being
4 proviW lIIIder thi. contr.ct to the ern. Such third party or parUe. i8hall CClIIlply
6 witti all lawful nquir_nta of the ern nec....ry to insure that the program with
8 respect to which ...istance i. being provided ander thi. contract to the CITY ls
7 oarrled out in _rllenee with the CI'l'Y'. ...ur.nce. .nd certificationa, including
8 those with respect to the ...lIIIptlon of enYlr_nta1 re.ponaibi1itie. of the CITY
9 under Section 104 (h) of the Bousing .nd C:-Unity Deve10paent Act of 1974, (Source:
10 BICD Funding Agr_nt '9)
11 L. Interest of Cert.in "edera1 Official.
12 80 _JIlber or De1eg.te to the congreas of the united States and no
13 Resilient ea.aisaloner, .hal1 be adIIitted to any .h.re or part of this contr.ct or to
14 any benefit to .d.e fr_ the _. (Source: II/CD PUnding Agreement 110)
16 M. Inter.st of Membeu. Officers or IlmDlovees of CI'l'Y, Members of Local
16 Governlno BodY or Oth.r Public Officials
17 80 ..-ber. officer or 8IIP1oyee of the CDllIl'1'Y or CITY or its designees or
18 egenta, no Mliber of the governing body of the locality in which the program is
19 .ituated and no other public offici.1 of .uch locality or localities who .xercise
JO any functions or responsibilities wlth respect to the program 4urlng bis tenure or
21 for _ ,..r there.fter, aball baYe .ny lnterest, cllrect or indirect, in any
22 contract, .ubcontract or the proceed. thereof, for wrk to be parfOtlled in
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Resolution Number ~~~~
CIOIIIlKtlon vith tile progr.. ..aiaW UJlder thia aontract. De crn ahall
inaorporate or cauae to be incorporated, in all auch contncta or aubcontr8Cta a
proviaion probibitlng auch intereat paraaant to the parpclllea of thia .ection.
(Source. B/CD Pundill9 Afr_nt'l1 and Vol. n, 110. 41, 'fiUe 2. era 570.307(p))
8. Prohibition Aaalnat 'a"..nta of Bonu or c:a.laalon
'l'be a.alatance provldea \DII1er thla contract _11 not be uaed In the
pa:pent of any bonua or ~aalon for the purpon of obtaining BUD approval of the
application for auch ..aiatance or BUD approval of application for additional
..aiatance of any otller approval or concurrence of BUD require' _er thl. aontract,
providea, ~".r, that reuonu1e f..a or bona fide technical, conaultant,
MIligedal or Other auch aervices, otller than 8Ctual lI011cltation, are not hereby
prohibited if othervlae eligible .a progru coat. (Source. BlCD Funding Agreement
112)
I
O. Batch Act Compliance
Tbe crn and CXllJN'lY shall cCllllply wi tII tile provisions of tile Batch Act
which limits the political activity of employ.... (Source. Vol. 43, No. 41, Title
24 erR Part 570.307(q))
.. Definitions
Throughout the.. Special .rovi.ions the ..ani", of word. .hall be that
_aning given by the .ct, regulation, ..ecuUve Order, Federal Manageaent Circular.
agr....nt, or rule cited herein aa tbe lIOurce for the .ectlon in whiCh the word
appears. (Source. Orange County CDunae1)
Q. .!2$!.
Federal Manag_nt Circular 74-7 bes been replaced with Office of
llanag_nt and Budget (OMB) A-102.
III
III
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/II
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III
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III
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JII. ktbllllO .18
"er~
Num"
t10n ,
Res01u
act
contY'
tlB" -
E~hibit
C26931
No.
995~04
NGE\.ES
\.O~otMT"
PAC\f\C
""AM Arley
OC~ 12th st.
tivit.1.~ '
sed Ac
f prollO
ion 0 .
locat . ._..
- ",orks.
pubHc
o'
1....100 A,CH
A\- BE NT ~ENCf
o SE MAMAGEtAE
MMEM1'A\..
EM'l\RO _
'.
,