HomeMy WebLinkAboutCC Res 3345 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 AND THE EMERGENCY JOBS BILL OF 1983
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 (JB13.1) (RE: 10th Street Alley and
Electric Avenue Alley); and
WHEREAS, the County ~as 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 (P. L. 93-383)
and the Emergency Jobs Bill of 1983 (P.L. 98-8).
WHEREAS, this contract attached hereto as Exhibit "A" further
defines the responsibilities of the two parties.
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NOW, THEREFORE, BE IT RESOLVED that the City Council of the City
of Seal beach does hereby approve the contract attached hereto
as Exhibit "A" and authorizes the Mayor to enter into the contract
on behalf of the City.
PASSED, APPROVED AND ADOPTED by the City Coun~1,of the Ci~ f
Seal Beach at a meeting thereof held 0 the ~ day of
1984, by the following vo
NOES: Counci1members
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AYES: Councilmembe
ABSENT: Councilmembers
1L~ f- 4y-
'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 thea3~~gOing resolution is the original
copy of R olution Number ~on file in the office of the City
Clerk, ass d, approved and adopted by the City Council of th~~
City 0 Se each at a regular meeting thereof held on the ~
day of 1984.
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Resolution Number ~r
Contract No. C25370
COUNTY OF ORANGE
ENVIRONMENTAL MANAGEMEN'l' AGENCY
HOUSING AND COMMUNITY DEVELOPMENT CONTRACT
TITLE OF PROJECT: Public pacilities and Improvements - Alleys (JB13.l)
MBMORANDllM OF OON'rRACT entered into this
day of
,
19_.
BY AND BE'l'WEEN
CITY OF SEAL BEACH, a municipal corporation,
hereinafter referred to as CITY,
and
COtlN'1'Y 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 COUNTY.
WHEREAS, COUNTY and CITY previously entered into a Cooperation Agreemer.t,
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 COtJN'1'Y has entered into a separate agreement dated
September 13, 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) and the Emergency Jobs Bill of 1983 (Public Law 98-8, hereinafter referred to
as Jcms BILL).
NOW, THEREFORE, 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 wAw, and all other
attached Exhibits, are part of this Contract.
1. For the PURPOSES OP THIS CONTRACT the following definitions shall
apply:
a. Project Manager. The party responsible for. bu.t whose
responSibility is not limited to the following: Contracting, lIOIIitoring and
implementing the project.
b. Construction Bid Package: A package 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.
Resolution Number ~J'~~
8 c. Director: The Director of the Orange County Environmental
9 Management Agency.
10 d. Reimbursable Basisl The CITY will provide the funds for the
11 project and submi t proof of payment to the COUN'l'Y, whereby upon approval the COUNTY
12 will forward JOBS BILL Community Development Block Grant funds to repay the CITY.
13 2. It is understood that the CITY is solely responsible for
14 implementation of the project, described as: Public Facilities and Improvements
15 (JB13.l). The CITY will utilize Emergency Jobs Bill CDBG funds for the
16 reconstruction of the 10th Street Alley; and Electric Alley from Seal Beach Boulevard
17 to 13th Street, within the CITY's target area (EXHIBIT -B-). These improvements
18 will include replacement of water and sewer lines and subsequent resurfacing of the
19 alley.
20 It is agreed by all parties that the project shall be completed and
21 JOBS BILL Block Grant funds provided through this Contract shall be expended on
22 eligible project activities prior to December 31, 1984. In the event that the CITY
23 has not completed the project and Submitted appropriate invoices for all approved
24 project costs funded by the JOBS BILL Block Grant prior to December 31, 1984, this
25 Contract shall be subject to termination at the discretion of the COUNTY. CITY may,
26 prior to the Contract termination date, make written request to DIRECTOR for
27 extension thereof. Such request may be granted by DIRECTOR based upon his written
28 concurrence of good cause and if permissible by JOBS BILL and BUD regulations.
1 3. CITY agreesl
2 a. Any Bmendment(s) to this Contract shall be submitted to and
3 approved by the COlINTY, prior to COIIIIIIencement by CITY of such project.
4 b. To be Project Manager for said project and to submit any and all
5 third-party contracts funded through this Contract to DIRECTOR for review prior to
6 award of such contracts by CITY.
7 C. To be responsible for design and inspection, including funding
8 the costs related to those activities, unless funding for design and inspection
9 activities is provided for in Section 4.a. of this Contract.
10 d. To submit the Construction Bid Package for this project to
11 DIRECTOR for review prior to advertising for bids on the construction contract or
12 prior to award of such a Contract if sole source procurement is used. CITY shall
13 not advertise for bids until DIRECTOR has approved Construction Bid Package. CITY
14 shall construct project in accordance with the Construction Bid Package which
15 DIRECTOR approved unless prior written approval is received from DIRECTOR for
16 deviation therefrom.
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Resolution Number ~:>~~
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17 e. That all work shall be in accordance with CITY's governing
18 building and safety codes_
19 f. '1'0 complete and maintain separate accounting records for the
20 project, reports, official files, and other documentation pertaining to the project
21 and costs incurred as required by all applicable JcmB BILL and BUD regulations. All
of these shall be accessible for the purposes of monitoring, surveys, audits and
examinations by duly authorized representatives of COtlN'1'Y or BUD, ,These records,
reports ~d files 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 payment of
BUD JOBS BILL CoDaunity Development Block Grant funds.
g. That the project shall be constructed for eammunity Development
urposes 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 auch
evaluation. DIRECTOR shall report the findings of each evaluation to the CI'1'Y 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
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
improper ly expended or not expended on the project in a timely manner.
i. That if it is subsequently determined by COtlN'1'Y or BUD that
funds were not expended in compliance with the applicable federal laws and
13 regUlations, CITY will refund to COUNTY such sums as were improperly expended.
14 j. When the project is completed all unexpended funds remaining
15 will be returned to the COUNTY. COUN'1'Y may then reallocate returned funds to other
16 Urban County activities as permissible by JOBS BILL and BUD regulations and at the
17 discretion of the Board of Supervisors.
18 k. '1'0 assume responsibility for California Environmental Quality
19 Act compliance and to provide COUNTY with necessary information to comply with the
20 National Environmental Policy Act.
21 4. Project Punding:
22 a. The estimated project cost (s) covered by this agreement are:
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Resolution rlumber ,fJg,,/~
Design and Inspection
$ 8,500.00 (Bight Thoasand Five Hundred
24 Dollars and no/100).
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Construction Contract
$76,500.00 (Seventy-Six Thousand Pive
26 Hundred Dollars and no/lOO).
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$85,000.00 (Bighty-Pive Thousand
TO'l'AL
28 Dollars and no/100).
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b. Based on the above estimate, this project will be financed as
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JOBS BILL Block Grant Funds
$ 85,000.00 (Eighty-Five
4 Thousand Dollars and no/100).
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City Funds
$ 57,000.00 (Fifty-Seven
6 Thousand Dollars and no/100).
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TO'l'AL
$142,000.00 (One Hundred
8 Porty-Two Thousand Dollars and no/100).
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c. COtlN'1'Y shall not be responsible for any costs which exceed the
approved JOBS BILL BlOCk Grant amount.
d. Payment by the COUNTY to the CITY shall be on a reimbursable
basis unless CITY has been authorized and issued cash advances by COUNTY under thiSIll
Contract.
e. Cash advances requested by the CITY under this Contract shall be
15 made by the COUNTY to the CITY if the following conditions are meta
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(1) The CITY has demonstrated to DIRECTOR through certification
17 in a form prescribed by DIRECTOR and subsequently through performance, its
18 willingness and ability to establish procedures that will minimize the time elapsing
19 between the receipt of funds and disbursement of such funds.
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(2) The CITY certifies to DIRECTOR, that the CITY's financial
21 management system meets the standards for fund control and accountability prescribed
22 in Office of Management and Budget Circular No. A-102 as amended from time to time.
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23 (3) The CITY complies with the cash advance p~dures as shall
24 be required by the Financial Procedures of the Housing and Community Development I
25 Program Office of County's Bnvironmental Managelllent Agency (hereinafter BMA). Thes
26 procedures require that upon written receipt of funds from the COUNTY, the CITY
27 shall disburse payment to vendor within five (5) working days and submit such
28 evidence (i.e., warrant copies, etc.) to the COUNTY.
Resolution Number ~~~~
,...r... \
Contract No. C25370
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If the CITY is subsequently found, ~ OIIIll'~R. to be in
noncompliance with 4.e. (1) through 4.e. (3) CITY shall be paid pursuant to 4.d.
f. Retmbursable basis payments, as referred to in section 4.d.
above, and/or cash advances described in 4.e. above, shall be made in accordance
I 5 with the financial procedures of BMA. In the event of conflict between such
6 financial procedures and any applicable statutes, rules or regulations of BUD,
7 including Office of Management and Budget Circular No. A-102, the latter shall
8 prevail.
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5.
Neither COtlN'1'Y nor any officer nor employee thereof shall be respon-
10 sible for any damage or liability occurring by reason of any action or omission of
11 CITY or its agents, associates, contractors, subcontractors, materialmen, laborers,
12 or any other persons, firma, or corporations furnishing or supplying work service,
13 materials, or supplies in connection with CITY's performance of this Contract and
14 from any and all claims and losses accruing or resulting to any persons, firm or
15 corporation for personal injuries or property damage resulting from or as a
16 consequence of, CITY's performance of this Contract under or in connection with any
117 work, authority or jurisdiction delegated to CITY under this Contract. It is also
18 understood and agreed that, pursuant to California Government Code Section 895.4,
19 CITY shall fully indemnify, defend and hold COtlN'1'Y harmleas from any liability
20 imposed for injury (as defined by California Government Code Section 810.8)
21 occurring by reason of any action or omission of CITY under or in connection with
22 any work, authority or jurisdiction delegated to CITY under this Contract. CITY
23 shall act in an independent capacity and not as officers, employees or agents of
24 COUNTY.
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6.
Neither CITY nor any officer nor employee thereof shall be
26 responsible for any damage or liability occurring by reason of any action or
27 omission of COtlNTY, its agents, associates, contractors, subcontractors,
28 materialmen, laborers, or any other persons, firma, or corporations furnishing or
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supplying work, service, materials, or supplies in connection with COUNTY's
perf.:lrmance of this Contract and from any and all claims and losses accruing or
3 resulting to any persons, firm or corporation for personal injuries or property
4 damage resulting from or as a consequence of COtlNTY's performance of this Contract
5 under or in connection with any work, authority or jurisdiction delegated to COUNTY
6 under this Contract. It is also understood and agreed that, pursuant to California
7 Government Code Section 895.4, COUNTY shall fully indemnify, defend and hold CITY
8 harmless from any liability imposed for injury (as defined by California Government
9 Code Section 810.8), occurring by reason of any action or omission of COUNTY un6er
Resolution ~umber ~~
10 or in coMection with any work, authority or jurisdiction delegated to COtlN'1'Y under
11 this Contract. COUN'1'Y shall act in an independent capacity and not as officers,
12 employees or agents of CITY,
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7. Where contract funds are withheld, and at the request and expense of
14 CITY, COUNTY will accept securities equivalent to the amount withheld pursuant to
15 Section 9-3.2. Such substituted security, meeting the requirments of Government
16 Code Section 4590, shall be deposited with COUNTY, or with a State or federally
17 chartered bank as escrow agent. If security is deposited with an escrow agent, it
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18 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
20 Contract, COUN'1'Y may at its discretion withhold funds and/or reallocate funds to
21 another activity considered by the COtlN'1'Y to be in compliance with the ACT or JOBS
22 BILL.
1 IN WITNESS TBEREOP, CITY has caused this Contract to be executed by its Mayor
2 and attested by its Clerk, COtlN'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 the Orange County Board of
5 Supervisors.
6 CITY OF SEAL BEACH
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UtA- ;-~
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Dated:
By
A'l'TEST:
an~. 601 ( rLJ
U City Clerk I
COtJN'1'Y or ORANGE, a political subdivision
of the State of California
Dated:
By
Chairman of the Board of Supervisors
COtlN'1'Y
SIGNED AND CERTIFIED THAT A COpy OF
'l'HIS 1lOCUMEN'1' HAS BEEN DELIVERED TO
THE CliAIRMAN OF mE BOARD.
I
JUNE ALEXANDER
Clerk of the Board of Supervisors
of Orange County, California
APPROVED AS TO PORN: 1/-( J' or.J
ADRIAN KUYPER, County Counsel
ORANGE COtJN'1'Y, CALIFORNIA
By ~_I.r e-I>
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Resolution Number ~~~~
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. Bxhibit -A- to COUN'l'Y/CITY Contract
SPBCIAL PIlD'IISIOIIS
A. Section 3 - COmPliance With the Provision of Training BmPlovment and
Business ODDortunitv
!be CITY ahall cause or require to be inserted in full in ~ll contracts
and aubco~~racts for work financed in vbo1e or part with federal financial
aaalatance provided under this Contract, the Section 3 clause aet forth in 24 CPR
135.20(b). !be CITY "ill provide auch copies of 24 CPR Part 135, as may be
necessary for the information of parties to contracts required to contain the said
Section 3 clause.
Section 3 requires that to the greatest extent feasible, opportunities
for training and .-pl~nt be aade available to lower income residents within the
unit of local government or metropolitan area (or non-metropolitan county), in which
the project is located. In addition, to the greatest extent feasible, contracts for
work in connection with the project shall be awarded to business concerns which are
located in, or in Substantial psrt owned ~, persons residing in the same unit of
local government or metropolitan area (or non-metropolitan county), in which the
project is located.
The parties to this contract will co.ply with the provisions of said
Section 3, and the regulations issued purauant thereto by the Secretary of Housing
and Urban Development aet forth in 24 CPR 135, and all applicable rules and orders
of the Department issued thereunder prior to the execution of this contract. The
CITY ahall take appropriate action pursuant to the aubcontract upon a finding that
the aubcontractor is in violation of regulations iasued by the Secretary of Rousing
and Urban Development, 24 CPR 135. !be contractor will not aubcontract with any sub-
contractor where it hes notice or knowledge that the letter has been found in vio-
lation of regulations under 24 CPR 135. !be parties to this contract certify and
agree that they are under no contractual or other disability which would prevent
them frCllll cmaplying with these requir_nts. (Source I Vol. 38, No. 203, Title 24
CPR 135)
B. Baud ......lOYllent ODIlortuni tv
In carrying out the program, the CITY ahall not discriminate against any
.-ployee or applicant for .-ployment becauae of race, color, religion, sex or
utiona1 or~in. '!be CITY shall take affiraative action to insure that applicants
for .-p1oyment are eqlloyed and that employees are treated during employment,
without regard to their race, color, religion, sex or national origin. Such action
ahall include, but not be limited to, the following I employment, upgrading,
demotion or transfer, recruitment advertiaing, layoff or termination, rates of pay
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Resolution Number MI,r
or other form, compensation, and selection for training, including apprenticeship.
'l'he CITY shall post in conspicuous places, available to employees and appUcants for
employment, notices to be provided ~ the COUNTY setting forth the provisions of
this nondiscrt.ination clause. 'l'he CITY shall, in all solicitations or
advertisements for employees placed ~ or on behalf of the CITY, state that all
qualified applicants will receive consideration for employment without regard to
race, color, religion, se. or national origin. The CITY shall incorporate the
foregoing require.nts of this paragraph in all of its contracts for program work
and will require all of its contractors for such work to incorporate such
require.nts in all subcontracts for program work. Such contracts shall be SUbject
to Hun Equal Employment Opportunity regulation 24 CPR Park 130 as applicable to BUD
assisted construction contracts.
'l'he CITY shall cause or require to be inserted in full in any nonexempt
contract and subcontract for construction work or ~ification thereof, as defined
in ..id regulations which is paid for in whole or in part with ..sistance under th~
Contract, the following equal opportunity c1ausel
-During the performance of this contract, the contractor agrees as
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follows I
1. 'fhe contractor will not discriminate against any employee or
applicant for employMnt because of race, color, reUgion, se. or national origin.
'l'he contractor will take affirmative action to ensure that spplicants are employed
and that .-p1oyees are treated during emplClyll8nt, without regard to their race,
color, religion, .e., or national Origin. Such action shall include, but, not be
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luitec! to, tile following: EmplClyll8nt, upgrading, d8lllOtion or transfer, recruitment
advertiaing, layoff or tenaination, rates of payor other forms of compensation and
selection for training, including apprenticeship. 'l'he contractor agrees to post in
conspicuous places, available to employees and applicant. for employment, notices to
be provided ~ the CITY setting forth the provisions of this nondiscrimination
clause.
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2. 'l'he contractor will, in all solicitations or advertise.nts for
employees plaCed ~ or on behalf of the contractor state that all qualified
applicants will receive consideration for employment without regard to race, color,
religion, sex or national origin.
3. The contractor will send to each labor union or representative of
workers with which he has a collective bargaining agreement or other contract or
under.tanding, a notice adviaing the .aid labor union or worker's representatives of
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Resolution Number ;l3~.,("""
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~he contractor's cammit.ent under Section 202 ofaxecutive Order 11246 of September
24, 1965, and shall post copies of the notice in conspicuous places 3?ajlable to
ellployees and applicants for employment.
4. ~e contractor will comply with all provisions of Bxecutive Order
11246 of September 24, 1'65 and of the rules, regulations and relevant orders of the
Secretary of Labor.
5. ~he contractor will furnish all information and reports required by
"'cutive Order 11246 of Sept.-ber 24, 1'65 and bf the rules, regulations and order
of the Secretary of Labor or pursuant thereto and will perllit access to bis books,
recorlSs anlS accounts by the Departllent and the Secretary of Labor for purposes of
Investigation to ascertain compliance with auch rules, regulations and orders.
I. In the event of tile contractor's noncompliance with the
aondiscrillination c1suses of this contract or with any of such rules, regulations or
orden, this contract may be canceled, urainated or suspended in whole or in part
and tile contractor uy be declared ineligible for further Government contracts or
IelSera11y aesisted construction contract in accordance with procedures suthorized in
axecutive Order 11246 of September 24, 1'65, Or by rules, regulations or order of
tile Secretary of Labor or as otherwi.. provilSed by law,
7. ~e contractor will include the portion of the sentence immediately
preceeding paragraph (1) begiMing with the words -During the performance of... - and
tbe provisions of paragraphs (1) through (7) in every subcontract or purchase order
unless exempted by rules, regulations or orders of the Secretary of Labor issued
pursuant to Section 204 of the EKecutive OrlSer 11246 of September 24, 1965, so that
such proviSions will be binding upon each subcontractor or vendor. The contractor
will take such action with respect to any subcontract or purchase order as the
Department may direct as a lIeans of enforcing such provisions, including sanctions
for noncompliance, provided, bowever, that in the event a contractor becomes
Involved in, or ia threatened with, litigation with a subcontractor or vendor as a
result of such direction by the Departllent the contractor may rllquest the United
States to enter into such litigation to protect the interest of the United States.
~e CITY further I19rees that it will be bound by the above equal
opportunity clause with respect to its own emp~nt practices when it participates
in federally assisted construction work. !be above equal opportunity clause is not
applicable to any agency, Instrumentality or subdivision of such CITY which does not
participate in work on or under the contraet.
Resolution [lumber ~t/r
24 'lbe CITY agrees that it will assist and cooperate actively with
25 COURh, BUD and the Secretary of Labor in obtaining the COIIIPliance of contractors
26 and subcontractors with the equal opportllllity clause and the rules, regulations and
27 relevant orders of the Secretary of Labor, that it will furnish the COtlN'1'Y, BUD and
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the Secretsry of Labor such inforaation as they ..y require for the supervisions
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such compliance, and that it will otherwise assist tha above parties in the
diecharge,of its pri..ry responsibility for securing compliance.
'lbe CITY further agr..s that it will refrain frOll entering into any
contract or-contract modification Subject to Executive Order 11246 of September 24,
1915, with a contractor debarred frOll or who has not demonstrated eligibility for,
Government contracts and federally assisted construction contracts pursuant to the
executive order and will carry out such sanctions snd penalties for violation of
equal opportunity clause as aay be imposed upon contractors and subcontractors ~
BUD or the Secretary of Labor pursuant to Part II, Subpart B of the Executive Order.
In addition, the CITY agrees that if it fails or refuses to comply with these
undertakings, the COtlN'1'Y ..y take any or all of the following actions I Cancel,
terminate "or suspend in whole or in part the grant or loan guarantee, refrain from
extending any further assistance to the CITY under the program with respect to Whil
the failure or refusal occurred until satisfactory assurance of future compliance
15 has been received from such COIl'rIlACTOR. (Source I BlCD Funding Agreement It and
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Executive Order 11241, Part II, Subpart B, Section 202)
C. Federal Labor Standards
Except with respect to the rehabilitation of residential property
designed for residential use for less than eight families, the CITY and all
contractors engaged under contracts in excess of $2,000.00 (two Thousand Dollars and
no/IOO) for the construction, prosecution, COIIIPletion or repair of any building or
_rk financed in whole or in part with assistance provided under this contract,
shall comply with BUD requir...nts pertaining to such contracts and the applicable
requir_nts of the regulations of the Departlllent of Labor llllder 29 CPR Parta 3
(Copeland Act). 5, and Sa (Davia-Bacon Act), governing the payment of wages and
thel
ratio of apprentices and trainees to journeymen: Provided, that if wage rates
higher than those required under such regu1stions are t.posed ~ state or local law,
nothing hereunder is intended to relieve the CITY of its Obligation, if any, to
require payment of the higher rates. 'lbe CITY shall cause or require to be inserted
in full, in all such contncts SUbject to such regulations, provisiona meeting the
requir...nts of 2' CPR 5.5 and for such contracts in excess of $10,000, 2' CPR 5a.3.
!he -Federat Labor Standards Provisions- (BUD 4010) are ..de part of this contract.
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10 .ward of the contracts covered under this section of the contract
shall be ..de to any contractor who is at the ti.. ineligible under the provisions
of any applicable regulations of the Departllent of Labor to receive an award of such
contract. (Source. B/CD Funding Agr_nt 17)
All documents sublllitted by the CITY to the COUN'l'Y which are required
for compliance with the Federal Labor Standards, shall be certified as being true,
accurate, and complete by the City Bngineer or the Director of PUblic Works.
(Source: Orange County B/CD)
D. Ron-Discrimination
~e CrrY in any activity directly or indirectly financed under this
contract, shall comply with:
1. Title VI of the Civil Rights Act of 1964 (Pub. L. 88-352), and
the regulations issued pursuant thereto (24 CPR Part 1), which provides that no
person in the United States shall on the grounds of race, color, or national origin,
be excluded frOll participation in, be denied the benefits of, or be otherwise
subjected to discrimination under any program or activity for which the applicant
receives Pederal financial assistance and will ismediately take any aeasures
necessary to effectuate this assurance, If any real property or structure thereon
il prodde4 or laprewed with the aid of Federal financial assistance extended to the
applicant, this assurance Iha1l obligate the applicant, or in the case of any
tranlfer of such property, any transferee, for the period during which the real
property or structure is used for I purpose for which the Pederal financial
alsiltanee is extended, or for another purpose involving the provision of similar
services or benefitl.
2. ~it1e VIII of the Civil Rights Act of 1968 (Pub. L. 90-284), as
_nc!ed, adainiltering all prograas and activities relating to housing and COIIIIIunity
deft1.opDent in a ..nner to affiraatiftly further fair housing, and will ~ke action
to .ffir..tiye1y further fair bollsing in the sale or rental of bousing, the
financing of bousing, and the provision of brokerage serdces.
3. Section 109 of the Rousing and C:-uni ty Development Act of
1974, and the regulations issued pursuant thereto (24 CPR Part 570.601), Which
provides that no person in the United States shall on the grounds of race, color,
national origin, or leX, be excluded from participation in, be denied the benefits
of, or be subjected to discrimination under, any program or activity funded in whole
or in part with funds provided under this Part,
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4. BxecuU.. Oriler 11063 on equal opportunity in housing and
nondiscrimination in the sale or rental of housing built with pederal assistance.
(Source I Vol. 43, No. 41, ~itle 24 CPR Part 570.307(L 1-4))
B. Accessibility/Usabilitv of Facilities and Buildings for PhysicallY
Handicapped
contract .hall
~he CITY in any activity directly or indirectly financed under thitll
require every buililing or facility (other than a privately owned
residential structure) designed, constructed, or altered with funds provided under
this Part to comply with the -American Standard Specifications for Making Buildings
and Facilitiea Acce..ible to, and Uaable by, the physically Handicappeil,. lIIumber A-
117.l-R 1971, subject to the exceptions contained in 41 CPR 101-19.604. ~he CITY
will be responsible for conducting inspections to insure compliance with these
.pecifications by any contractor or .ubcontractor. (Source: 24 CPR Part 570.307IK))
F. Relocation
1. ~he CITf in any activity directly or indirectly financed under
this contract shalll
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a. To the greatest extent practicable under State lBW, comply
with Sections 301 and 302 of ~it1e III (Unifora Real Property Acquiaition POliCY))
the Uniform Relocation AIIsistance and Real Property Acquisition Policies Act of 1
and will comply with Sections 303 and 304 of ~it1e III, and BUD illpl_nting
inatructiona.at 24 CPR 'art 42, and
b. InforJI affected persons of their rights and of the
acquiSition policies and procedures .et forth in the regulations at 24 CPR Part 42
and 570.602(b).
2. ~he CITY shall a1101
a. CoIIply with 'title II (Uniform Relocation Assistance) of the
Uniform Relocation Assistance and Real Property Acquisition policies Act of 1970 and
BOD implementing regulations at 24 erR Part 42 and 570.602 (a) ,
b. Provide relocation payments and offer relocation assistance
as described in Section 205 of the Uniform Relocation ..sistance Act to all persons .
displaced as a result of acquisition of real property for an activity assisted undlll
the Community Development Block Grant Program. Such paymenta and assistance shall
be provided in a fair and consistent and equitable manner that insures that the
relocation process does not result in different or aeparate treatment of such
persons on account of race, color, religion, national origin, sex, or aource of
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Jl) 3. Aalure thlt, within a realOnable periOd of ti_ prior to
21 disp1a_nt, comparable decent, safe and sanitary replaC8aent dwelling. will be
22 available to all displaced f..ilies anl! illl!livil!lIals an<<! that the range of choices
23 available to such penons w111 IlOt very on account of their race, color, religion,
24 national origin, leX, or lIOurce of i_, alll!l
25 4. Infom affected persons of the relocation asaistance, policies
26 ana procedures set forth in the regulations at 24 CPR Part 42 and 570.602(a).
27 (Source: Vol. 43, Ro. 41 ~itle 24 erR Part 570.307 (n . 0))
18 G. Lead-Basad Paint Banrds
1 fte ClOIlItruction or rehabilitation of resil!ential structures with
2 ..sistance provided under thi. COntract i. lubject to the IR/Z) Lead-Bille Paint
3 ",ulations, 24 era Part 35. Any grants or bns llade by the CITY or work performed
4 by the CITY-for the rehabilitation of residential structurel with assistance
I) provided under this COntract .hall be ude Subject to the proviaions for the
e elt.ination of lead-base paint haaarda under subpart B of aaid regUlations and the
7 Cn'l' 8lIall be re8pon&ib1e for the inapectiona and certificationl required under
8 Section 35.U(f) thereof. . (Sourcel BlCD Funding Agreement '5 and 24 CPR Part 35)
9 B. Flood Diluter
10 ftis COntract is aubject to the requirements of the Flood Disaster
11 Protection Act of 1973 (P.L. 13-234). Ro portion of the allistance provided under
12 this Contract is approved for acquisition or con.truction purposes a. defined under
13 Section 3(a) of said Act, for ule in an area identified by the Secretary as having
14 special flood hazarl!., which is located in a -.,nity not then in compliance with
15 the requirement. for participation in the national flood in.urance program pursuant
16 to Section 201 (d) of Said Act, and the u.e of any as.istance provided under this
17 Contract for .uch acquisition or conltruction in .uch identified areas in
18 communi tie. then participating in the national flood insurance program shall be
19 subject to the undatory purchase of flood insurance require.ents of Section 102(a)
Jl) of .aid Act.
21 Any Contract or Agree...nt for the sale, 1ea.e or other transfer of land
22 acquired, cleared, or t.proved with a.si.tance provided under this Contract shall
23 contain, if such land i. located in an area identified by the Secretary as having
24 apecial flood ....ard. and in which the lale of flood insurance has been made
25 available under the Rational Flood In.urance Act of 1168, .s .-ended, 42 U.S.C. 4001
26 et seq., provisions obligating the tran.fenee ana ita aucce..ors or assignees to
27 obtain and llaintain. during the _nbip of auch land, such flood inlurance as
18 required with respect to financial as.istance for acqui.ition or construction
Resolution tlur.lber ~1'~
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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:
BlCD Funding-Agre_nt '3)
'1'he CITY shall comply with the provisions of Executive Order 11296,
relating to evaluation of flood ha.ards and Bzecutive Order 11288 relating to the
prevention, control, and abat_nt of water pollution. (Source: Vol. 43, No. 41,
Title 24 CPR 570.307(j))
I. Compliance with Air and Water Acts
The CITY shall cause or require to be inserted in full in all nonezempt
contracts or subcontracts for work furnished in whole or in part by the grant
contracts, the following requirements (provided that contracts, subcontracts and
sub10ans not ezceeding $100,000.00 (One Hundred Thousand Dollars and no/100) are
ezempt from this partl
This Contract is subject to the requirements of the Clean Air Act, as
_nded 42 USC 1857 et seq., the Federal Water Pollution Control Act, as amended 33
USC 1251 et seq., and the regulations of the Bnvironmenta1 Protection Agency with
respect thereto, at 40 CPR Part 15, as amended from time to time.
In compliance with said regulations, the CITY shall cause or require to
be insertea in full in all contracts and subcontracts dealing with any non-ezempt
transaction thereunder funded with assistance provided under this contract, the
following requirements I
1. A stipulation by the contractor or subcontractors that any facility
to be utilized In the performance of any non-ezempt contract or subcontract is not
listed on the list of Violating Facilities Issued by the Environmental Protection
Agency (DA) pursuant to 40 CPR 15.20.
2. Agre...nt by the contractor that he will calply with all the
requlr...nts of Section 114 of the Clean Air Act, as .-ended (42 USC 1857c-8) and
Section 308 of the Federal Water Pollution Control Act, as _nded (33 USC 1318)
relating to Inspection, IIOIlltodng, entry, reports and Information, as well sa all
other requlr...nts specified In said Section 114 and Section 308, and all
regulations lm4 guideline. I..ued thereunder.
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3. A .tlpu1ation that a. a condition for the award of the contract
prompt notice will be given of any notification received from the Direetor of the
DA, Office of Federal Activitie. or any agent of that office, that a facility
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utili.ed or to be uti1i.ad for the contract is under consideration to be listed on
the SPA list of Violating Facilities.
4. An Agreellent by the contractor that he will include or cause to be
included the criteria and requirements in paregraph 11) through (4) of this section
in every non-exempt subcontract and requiring that the contractor will take such
action as the Government may direct as a means of enforcing such provisions.
In no event shall any amount of the assistance provided under this
contract be utili.ed with respect to a facility which has given rise to a conviction
under Section 113 (c) (1) of the Clean Air Act or Section 309(c) of the Federal Water
Pollution Control Act, (Source: B/m Funding Agreement '6)
J. Manaqellent CalapUance
~he CITY in any activity directly or indirectly financed under this
contract ahall comply with the regulations, policies, guidelines and requirements of
ClMB Circular No. A-102, Revised, and Federal Manage\llent Circular 74-4: Cost
principles applicable to grants and contracts with State and local governments, and
Pedera1 Management Circular 74-71 Uniform Administrative Requirements for grant-in-
aid to State and local gover_nts as they relate to the application,
a4IIinistration, acceptance and use of Federal funds under this Part. (Source: Vol.
43, Ro. 41, ~it1e 24 CPR Part 570.307(g))
K. Obliaations of Contractor with ReSPect to Certain Third Party
ae1ationships
!'be CIon sball r....in fully obligated under the provisions of this
contract notwithstanding its designation of any third party or parti~s for the
andertaUng of any pert of the program with respect to which assistance is being
provided under this contract to the CIon. Such third party or parties shall comply
. .
with all lawful requir...nts of the CITY necessary to insure that the program with
respect to which assistance is being provided under this contract to the CITY is
carried out in accordance with the CIon's assurances and certifications, including
tbose with respect to the assumption of envirODBental responsibilities of the CITY
under Section 1041h) of the Bousing and CoIImunity Deve1op11ent Act of 1974. (Source:
B/m Funding Agr..llent .9)
L. Interest of Certain Federal Officials
110 Ilellber or Delegate to the COngress of the United States and no
Resident co.missioner, ahall be admitted to any share or part of this contract or to
any benefit to arise fr,. the same. (Source: B/m PUnding Agreement 110)
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M. Interest of Members, Officers or BllDlovees of CITY. Members of Loclll
Governinq BodY or Other Public Officials
110 IIember, officer or elIIPloyee of the COUN'l'Y or CITY or its designees or
agents, no I18J1ber of the governing body of the locaUty in which the program is
situated and no other public official of such locality or localities who exercise
any functions or responsibilities with respect to the program during his tenure or
for one year thereafter, shall have any interest, direct or indirect, in any
contract, subcontract or the proceeds thereof, for work to be perforaed in
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eonnection with the program assisted under this contract. '!'he CITY shall
incorporate or cause to be incorporated, in all such contracts or subcontracts a
provision prohibiting such interest pursuant to the purpoees of this section.
(Source: B/CD Funding Agr_nt Uland Vol, n, Mo. 41, 'l'itle 24 CPR 570.307Ip))
N. Prohibition Aclainst pa_nts of Bonus or CClllllissioil
'!'he assistance provided under this contract shall not be used in the
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payment of any bonus or _ission for the purpose of obtaining BUD approval of the
application for such assistance or BUD approval of spplication for additional
assistance of any other approval or concurrence of HOD required under this contract,
provided, ~ver, that reasonable fees or bona fide technical, consultant,
unagerial or other such services, other than actual solicitation, are not hereby
prohibited if otherwise eUgib1e as program cost. (Source. BlCD Punding Agreement
112)
O. Batch Act Compliance
'!'he CI'l'Y and COUII'1'Y shall COIIIply with the provisions of the Hatch Act
which limits the political activity of employees. (Source: Vol. 43, No. 41, Title
24 CPR Part 570.307(q))
P. City shall c~ly with special provisions of the Emergency Jobs Bill of
1983 (Public Law 98-8) that.
1. The additional funds will be obligated and disbursed as rapidly as
possible so as to quickly a..ist the unemployed and the needy,
2. It will use, to the extent practicable, the additional funds in I i
areas where unemployment is highest and has been high for the longest period of time
and for authorized purposes which have the greatest i_adiate employment impact, and
3. It will, to the extent practicable, use the additional funds to
maximize immediate creation of new employment opportunities to individuals who were
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unelllPloyed at least 15 of the 26 weeks prior to March 24. 1983.
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O. Definitions
'lhrO\l9hout theae Spacial Provisions the Maning of words .hall be that
Maning given by the act, regulation, lbI:ecutive Order, Federal llanagement Circular,
agreement, or ra1e cited berein aa the source for the aection in which the word
appears. (Source: Orange COUnty eounlel)
R. S!
Federal llanage_nt Circular 74-7 ba. been replaced with Office of
llanag_nt and Badvet rellllll &-102.
Exhi bi t "B" - Contract No. C25370
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'LOS ANGELES
COUNTY
995.04
Electric Ave.
Alley
PACIFIC
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Location of Proposed Activity:
Publ ic Works: .....
Hovllng ICoinmunlty Development
1".1000'
o SEAL BEACH
ENVIRONMENTAL MANAGEMENT AGENCY
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N