HomeMy WebLinkAboutCC Res 2730 1977-12-27
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RESOLUTION NO. c:J7.;fo
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SEAL BEACH ADOPTING A COMMUNITY DEVELOPMENT
BLOCK GRANT PROGRAM CONTRACT WITH THE COUNTY
OF ORANGE IN APPLYING FOR FUNDS TO ADVERTISE
THE SERVICES OF THE ORANGE COUNTY HOUSING
AUTHORITY UNDER THE HOUSING AND COMMUNITY
DEVELOPMENT ACT OF 1974.
WHEREAS, the City of Seal Beach has chosen to apply for a grant under
Title I of the Housing and Community Development Act of 1974;
and
WHEREAS, the City has entered into a Cooperation Agreement with the
County of Orange to make application for funding under the
third year of the program; and
WHEREAS, this contract to advertise the rental assistance program
offered through the Orange County Housing Authority 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
"A" and authorizes the Mayor to enter into the contract on behalf of
the City.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal
Bea Califo nia, at a meeting thereof held on the e:?711 day of
, 1977, by the llowing vote:
AYES: Councilme
NOES: councilmen~
ABSENT: Councilmen .
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COUNTY OF ORANGE
HOUSING AND CO}U1UNITY DEVELOPMENT
Memorandum of Agreement entered into this
TITLE 1 PROJECT: Housing Information
Program
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day of
NO. C 25950
by and between:
City of Seal Beach
a municipal cor-
poration, hereinafter referred to as CITY,
and
County of Orange, a political subdivision of
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the State of California and recognized Urban
County under the Federal Housing and Communit
Development Act of 1974, hereinafter referred
to as COUNTY.
HITNESSETII :
WHEREAS, COUNTY and CITY previously entered into a Cooperation Agreement,
dated
January 4, 1977
in which both parties agreed to cooperate in the under
taking, or assist in the undertaking, of essential community development and
housing assistance activities, and
~IEREAS, the CITY has submitted to the COUNTY a proposal for funding a
project(s) listed below, and
\<HEREAS, the COUNTY has entered into separate agreement dated
July 26, 1977
with the U. S. Department of Housing and Urban Development (HUD)
to fund the proposed project(s) under the Housing and Community Development Act, 1974.'
NOW, THEREFORE, IT IS AGREED by and between the parties that the following
items as well as all applicable Federal, State and County laws and regulations in-
cluding the attached Special Provisions, identified as E>:hibit "Au, are part of
this agreement
1. CITY is hereby described as lead agency for program/project, described
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EXHIBIT "A"
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1 herein as: Housing Information Program
2 Advertise the rental assistance program offered through the Orange County
3 Housing Authority in local media. The intent is to increase participation
4 an the part of property owners and apartment managers in Seal Beach.
5 Presently there are a number of tenants who would be eligible to parti-
6 cipate in the program but units are not available for them to occupy.
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2. This contract provides that the CITY:
a. Shall maintain accounting records, official files, and other -
evidence pertaining to costs incurred as per HUD regulations, and all of these shall
be accessible for the purpose of making surveys, audits and examinations by duly
authorized representatives. These records shall be kept available at CITY's office
during the contract period and thereafter for three (3) years from the date of final
payment of HUD Community Development Block Grant Funds.
b. Agrees that if it is subsequently determined by COUNTY or HUD that
said funds were not expended in compliance with the federal laws and regulations, CITY
will refund to COUNTY such sums which were improperly expended.
c. Will assume lead responsibility for the California Environmental
Quality Act requirements and will provide COUNTY with necessary information to comply
with the National Environmental Policy Act.
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3. Project Funding:
a. The estimated cost of the project covered by this agreement
is: $2,000
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b. Based on the above estimate, this project will be financed as
follows:
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Block Grant Funds
$ 2,000
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City Funds
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County Funds
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c. Payment by the COUNTY to the CITY shall be on a reimbursable basis
unless the CITY has been authorized and issued cash advances under this agrement.
d. Cash advances requested by the CITY under this agreement shall be
made by the COUNTY to the CITY if the following conditions are met:
(I) The CITY has demonstrated to the Director, EMA'initially
through certification in a form prescribed by Director, EMA and subsequently through
performance, its willingness and ability to establish procedures that will minimize
the time elapsing between the transfer of funds to it and its disbursement of such
funds.
(2) The CITY certifies to the Director, EMA, that. the CITY's financial
management system meets the standards for fund control and accountability prescribed
in Attachment G of Federal Management Circular 74-7 "Standar.d~ for Grantee Financial
Management Systems".
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14 (J) The CITY complies with the cash advance procedures prescribed
15 in the Housing and Community Development (EMA) fianancial procedures.
16 If, subsequently, the CITY is found to be in non-compliance with the above,
17 the CITY shall be paid only on a reimbursable basis and, if necessary, agrees to
18 eimburse the COUNTY for any monetary damages the COUNTY may incur for the CITY's
19 on-compliance.
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e. Reimbursable basis payments as described in Cc) above, and/or cash
dvances described in Cd) above, will be made in accordance with the financial pro-
22 edures required by Housing/Community Development Division (EMA). In the event of
23 onflict between said financial procedures and any applicable statutes, rules or
24 egulations of HUD including Federal Management Circulars 74-4 and 74-7, the latter
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26 4. Neither county nor any officer or employee thereof shall be responsible
27 or any damage or liability occurring by reason of anything done or omitted to be
28 one by CITY under or in connection with any work, authority or jurisdiction dele-
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gated to CITY under this agreement. It is also understood and agreed that, pursuant
to Government Code Sectio~ 895.4, CITY shall fully indemnify, defend and hold
COUNTY harmless from any liability imposed for injury (as defined by Government Code
Section 810.8), occurring by reason of anything done or omitted to be done by CITY
under or in connection with any work, authority or jurisdiction delegated to CITY
under this agreement.
5. Neither CITY nor any officer or employee thereof shall be responsible
for any damage or liability occurring by reason of anything done or omitted to be
done by COUNTY under or in connection with any work, authority or jurisdiction not
delegated to CITY under this agreement. It is also understood and agreed that, pur-
suant to Government Code Section 895.4, COUNTY shall fully indemnify, defend and
hold CITY harmless from any liability imposed for injury (as defined by Government
Code Section 810.8), occurring by reason of anything done or omitted to be done
by COUNTY under or in connection with any work, authority or jurisdiction not delegat
by CITY under this agreement.
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6. In the event of CITY's failure to comply with the provisions of this
Contract, COUNTY may withhold funds and/or allocate funds to another activity cons i-
dered by the COUNTY to be in compliance with the Act.
IN WITNESS THEREOF, CITY has caused this agreement to be executed by its
Mayor and attested by its Clerk and COUNTY has caused this agreement to be executed
by the Chairman of the Board of Supervisors and attested by its Clerk, all thereunde
duly authorized by the City Council and the Board of Supervisors.
Dated:
ATTEST:
JUNE ALEXANDER
Clerk of the Board of Supervisors
of Orange County, California
ATTEST:
APPROVED AS TO FORM:
COUNTY COUNSEL
By
Deputy
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COUNTY OF ORANGE
By
Cha~rman, Board of Supervisors
CITY OF
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Mayor
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SPECIAL PROVISIONS
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A. The CITY shall cause or require to he inserted in full in all contracts
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and subcontracts for work financed in whole or part with assistance provided under
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this Contract, the Section 3 clause set forth in 24 CFR 13~.20(b), and will provide
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such copies of 24 CFR Part 13~, as may be necessary for the informstion of parties
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to contracts required to contain the Section 3 clause.
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Section 3 require a that to the greatest extent feasible, opportunities
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for training and employment be given lower income residents of the project area and
contracta for work in connection with the project be awarded to business concerns
whi~h are located in or owned in substantial part by persons residing in the area of
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the project.
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The parties to this contract will comply with the provisions of said
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Section 3, and the regulations issued pursuant thereto by the Secretary of Housing
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and Urban Development set forth in 24 CFR 13~. and all applicable rules and orders
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of the Department issued thereunder prior to the execution of this contract. The
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parties to this contract certify and agree that they are under no contractual or other
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disability which would prevent them from complying with these requirements.
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The contractor will include this Section 3 clause in every subcontract
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for work in connection with the project snd will at the direction of the applicant for
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or recipient of federal financial assistance, take appropriate action pursuant to the
subcontract upon a finding that the subcontractor is in violation of regulations issued
by the Secretary of Housing and Urban Development, 24 CFR 135. The contractor
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will not subcontract with any subcontractor where it has notice or knowledge that the
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latter has been found in violation of regulations under 24 crR 135.
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B. Flood Disaster Protection
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This Contract is subject to the requirements of the Flo?d Disaster
Protection Act of 1973 (P.L. 93-234). No portion of the assistance provided under
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this Contract is approved for acquisition or construction purposes as defined under
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Exhibit "A" to COUNTY/CITY Agreement
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Section 3(a) of said Act, for use in an area identified by the Secretary as having
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special' flood hazards. which -is located in a community not then in compliance with
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the requirements for participation in the national flood insurance program pursuant to
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Section 201(d) of said Act; and the use of any assistance provided under this Contract
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for such acquisition or construction in such identified areas in communities then parti-
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cipating in the national flood insurance program shall be subject ~o the mandatory pur-
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chase of flood insurance requirements of Section 102(a) of said Act.
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Any contract or agr~ement for the sale, lease or other transfer of 11
acguired. cleared, or improved with assist~nce provided under this Contract shall -
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tain, if such land is located in an area identified by the Secretary as having special
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flood hazards and in which the sale of flood insurance has heen made availabie under
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the National Flood Insurance Act of 1968, as amended, 42 U.S.C. 4001 et seq., provi-
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sions obligating the transferee and its successors or assignees to obtain and maintain,
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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
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the Flood Disaster Protection Act of 1973. Such provisions shall be required notwith-
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atanding the fact that the construction on such land is not itself funded with ass is-
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tance provided under this Contract.
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C. Equal Employment Opportunity
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In carrying out the program, the CITY shall not discriminate againstl
employee or applicant for employment because of race, color, religion, sex or nati 1
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22 origin. The CITY shall take affirmative action to insure that applicants for employ-
23 ment are employed and that employeea are treated during employment, without regard to
24 their race, color, religion, sex or national origin. Such action shall include, but
25 not be limited to, the following: employment, upgrading, demotion or transfer; recruit-
26 ment or recruitment advertising; layoff or termination; rates of payor other forms of
27 compensation; and selection for training, including apprenticeship. The CITY shall
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Exhibit "An to COUNTY!ClTY Agreement
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post in conspicuous places, available to employees and applicants for employment,
notices to be provided by the COUNTY setting forth the provisions of this nondiscri-
mination clause. The CITY shall state that all qualified applicants will receive con-
sideration for employment without regard to race, color, religion, sex or national
5 origin. The CITY shall incorporate the foregoing requirements of this paragraph in
6 in all of its contracts for program work and will require all of its contractors for
7 such work to incorporate such requirements in all subcontracts for program work. Such
contracts shall be subject to HUD Equal Employment Opportunity regulations 24 CFR
Part 130 as applicable to HUD assisted construction contracts.
The CITY shall cause or require to be inserted in full in any nonexempt
contract and subcontract for construction work or modification thereof, as defined
in said regulations which is paid for in whole or in part with assistance under the
Contract, the following equal opportunity clause:
"During the performance of this contract, the contractor agrees as follows.
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(1)
The contractor will not discriminate against any employee or
applicant for employment because of race, color, religion, sex
or national origin. The contractor will take affirmative action
to ensure that applicants are employed and that employees are
treated during employment, without regard to their race, color,
religion, sex or national origin. Such action shall include,
but not be limited to, the following:
Employment, upgrading, demotion or transfer, recruitment advertising;
layoff or termination; rates of payor other forms of compensation
and selection for training, including apprenticeship. The con-
tractor agrees to post in conspicuous places, available to employees
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and applicants for employment, notices to be provided by the CITY
setting forth the provisions of this nondiscrimination clause.
Exhibit "A" to COUNTY/CITY Agreement
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(2)
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(3)
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(4)
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(5)
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The Contractor will, in all NolicitationN or advertisements for
employees placed by or on behalf of the contractor state that all
qualified applicants will receive consideration for employment
without regard to race, color, religion, sex or national origin.
The contractor will send to each labor union or representative of
workers with which hc has a collective bargaining agreement or other
cOntract or understanding, a notice advising the said labor union
or worker's representatives of
the contractor's commitment under
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Section 202 of Executive Order 11246 of Septermber 24, 1965
and shall post copies of the notice in conspicuous places available
to employees and applicants for employment,
The contractor will comply with all provisions of Executive Order
11246 of September 24, 1965 and of the rules, regulations and rele-
vant orders of the Secretary of Labor.
The contractor will furnish all information and reports required by
Executive Order 11246 of September 24, 1965 and by the rules, regu-
lations and orders of the Secretary of Labor or pursuant thereto and
will permit access to his books, records and accounts by the Depart-
ment and the Secretary of Labor for purposes of investigation to
(6)
ascertain compliance with such rules, regulations and orders.
In the event of the contractor's noncompliance with the nondisill-
mination clauses of this contract or with any of such rules, regula-
tions or orders, thiN contract may be canceled, terminated or
suspended in whole or in part and the contractor may be declared
ineligible for further Government contracts or federally assisted
construction contract in accordance with procedures authorized in
Executive Order 11246 of September 24, 1965, or by rules, regula-
Exhibit "AU to COUNTY/CITY Agreement
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tions or order of the Secretory of Labor or as otherwise provided
by law.
(7),
The contractor will include the portion of the sentence immediately
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preceeding paragraph (1) and the provisions of paragraphs (1)
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through (7) in every subcontract or purchase order unless exempted
by rules, regulations or orders of the Secretary of Labor issued
p~rsuant to Section 204 of the Executive Order 11246 of September
25, 1965, so that such provisions will be binding upon each sub-
contractor or vendor. The contractor will take such action with
respect to any subcontract or purchase order as the Department
may direct as a means of enforcing such provisions, including
sanctions for noncompliance; provided, however, that in the event a
contractor becomes involved in, or is threatened with, 1itiga-
tion with a subcontrsctor or vendor as a result of such direc-
tion by the Department, the contractor may request the United
States to enter into such litigation to protect the interest
of the United States."
The CITY further agrees that it will be bound by the above equal oppor-
tunity clause with respect to its own employment practices when it participates in
federally assisted construction work. The above equal opportunity clause is not
applicable to any agency, instrumentality or subdivision of such CITY which does
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not participate in work on or under the contract.
The CITY agrees that it will assist and cooperate actively witb
COUNTY, HUD and the Secretary of Labor in obtaining tbe compliance of contractors
and subcontractors with the equal opportunity clause and the rules, regulations
and relevant orders of the Secretary of Labor; that it will furnish the COUNTY,
HUD and the Secretary of Labor such information as they may require for the super-
Exhibit "A" to COUNTY/CITY Agreement
Page 5 of 10
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1 visons of such compliance; and that it will otherwise assist the above parties
2 in the discarge of its primary responsibility for securing compliance.
3 The CITY further agrees that it will refrain from entering into any
4 contract or contract modification subject to Executive Order 11246 of September
5 24, 1965, with a contractor debarred from or who has not demonstrated eligibility
6 for, Government contracts and federally assisted construction contracts pursuant
7 to the executive order and will carry out such sanctions and penalites for violation
of equal opportunity clause as may be imposed upon contractors and subcontractors
by HUD or the Secretary of Labor pursuant to Part II, Subpart D of the Executive I
Order. In addition, the CITY agrees that if it fails or refuses to comply with
11 these undertakings, the COUNTY may take any or all of the following actions:
12 Cancel, terminate or suspend in whole or in part the grant or loan guarantee; re-
13 frain from extending any further assistance to the CITY under the program with res-
14 pect to which the failure or refusal occurred until satisfactory assurance of future
15 compliance has been received from such CITY.
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D. Lead-Based Paint Hazards:
The construction or rehabilitation of residential structures with
assistance provided under this Contract is subject to the HUD Lead-Base Paint
regulations, 24 CFR part 35. Any grants or loans made by the CITY for the
rehabilitation of residential structures with assistance provided under this
Contract shall be made subject to the provisions for the elimination of
lead-base I
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paint hazards under subpart B of said regulations and the CITY shall be
for the inspections and certifications required under Section 35.l4(f) thereof.
E. Compliance with Air and Water Acts:
The CITY shall cause or require to be inserted in fulL in all non-
exempt contracts or subcontracts for work furnished in whole or in part by the
grant contracts, the following requirements (contracts, subcontracts and subloans
Exhibit "A" to COUNTY/CITY Agreement
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not exceeding $100,000 are exempt from this part):
This contract is subject to the requirements of the Clean Air Act,
as amended 42 USC 1857 et seq., the Federal Wster Pollution Control Act, as amended
33 USC'1251 et seq. and the regulations of the Environmental Protection Agency
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with respect thereto, at 40 CFR Part 15, as amended from time to time.
In compliance with said regulations, the CITY shall cause or require
to be inserted in full' in all contracts and subcontracts with respect to any non-
exempt transaction thereunder funded with assistance provided under this contract,
the following requirements:
(1)
A stipulation by the contractor or subcontractors that any faci-
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lity to be utilized in the performance of any nonexempt contract
or subcontract is not listed on the list of Violating Facilities
issued by the Environmental Protection Agenr.y (EPA) pursuant
to 40 CFR 15.20.
(2)
Agreement by the Contractor to comply with all the requirements
of Section 114 of the Clean Air Act, as amended (42 USC l857c-8)
and Section 308 of the Federal Water Pollution Control Act, as
amended, (33 USC 1318) relating to inspection, monitoring,
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entry, reports and information, as well as all other requLre-
ments specified in said Section 114 and Section 308, and all
regulations and guidelines issued thereunder.
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(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, Office of Federal Activities, F.PA, indicating
that a facility utilized or to be utilized for the contract is
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under consideration to be listed on the EPA List of Violating
Facilities.
Exhibit "A" to COUNTY/CITY Agreement
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(4)
Agreement by the contractor that he will include or cause to be
2 included the criteria and requirements in paragraph (1) through
3 (4) of this section in every nonexempt subcontract and requiring
4 that the contractor will take such action as the Government may
5 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 ~ith respect to a facility which has given rise to a conviction
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under Section ll3(c)(1) of the Clean Air Act or Section 309(c) of the Federal
Water
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Pollution Control Act.
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F. Federal Labor Standards:
11 Except with respect to the rehabilitation of residential property
12 designed for residential use for less than eight families, the CITY and all contrac-
13 tors engaged under contracts in excess of $2,000 for the construction, prosecution,
14 completion or repair of any building or work financed in whole or in part with
15 assistance provided under this contract, shall comply with HUD requirements pertain-
16 ing to such contracts and the applicable requirements of the regulations of the
17 Department of Labor under 29 CFR Parts 3, 5, and 5a, governing the payment of wages
18 and the ratio of apprentices and trainees to journeymen: Provided, that if wage
19 rates higher than those required under such regulations are imposed by state or local
20 law, nothing hereunder is intended to relieve the CITY of its obligation, if any,
22 inserted in full, in all such contracts subject to such regulations, provisions
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21 to require payment of the higher rates. The CITY shall cause or require to be
23 meeting the requirements of 29 CFR 5.5 and for such contracts in excess of $10,000,
24 29 CFR 5a.3. The "Federal Labor Standards Provisions" (HUD 4010) are made part of
25 this contract.
26 No award of the cohtracts covered under this section of the contract
27 shall be made to any contractor who is at the time ineligible under the provisions
28 Exhibit "A" to COUNTY/CITY Agreement
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1 of any applicable regulations oC thl' Ih'parlml'nt IIf I.tlhor tn receive nn award of
2 such contract.
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G. Nondiscrimination Under Title VI of the Civil Righta Act of 1964:
4 Thia contract is aubject to the requirement. of Title VI of the Civil
5 Rights Act of 1964, (P.L. 88-352) and HUD regulations with respect thereto including
6 the regulation. under 24 CFR Part I. In the sale, lease or other transfer of land
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acquired, cleared or (mproved with assiatance provided under this contract, the
CITY shall cause or prepare a cov~nant running with the land to be inserted in the
deed, lease or transfer, prohibiting discrimination upon the basis of race, color,
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religion, aex or national origin, in the sale, lease or rental, or in the use or
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occupancy of such land or any improvements erected or to be erected thereon, and
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providing that the CITY and the United States are beneficiariea of and entitled
13 to enforce auch covenant. The CITY in undertaking its obligation in carrying out
14 the program assisted hereunder, agrees to take such measures as are necessary to
15 enforce such covenant and will not itself so discriminate.
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H. Obligations of Contractor with Respect to Certain Third Party
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Relationships:
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The CITY shall remain fully obligated under the provisions of this
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contract notwithstanding its designation oC any third party or partiea for the
undertaking of any part of the program with respect to which assistance is being
provided under this contract to the CITY. Such third party or parties shall com-
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ply with all lawful requirements of the CITY necessary to insure that the program
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with respect to which assistance is being provided under this contract to the
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CITY is carried out in accordance with the CITY's assurances and certifications,
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including those with respect to the assumption of environmental reaponsibilities of
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the CITY under Section 104(h) of the Housing and Community Development Act of 1974.
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I. Interest of Certain Federal Officials:
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Exhibit "A" to COUNTY fCITY Agreement
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1 No member of or Delegatl' to the Congres~ of the United States and no
2 Resident Commissioner, shall ~e admitted to any share or part of this contract or to
3 any benefit to arise from the same.
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J. Interest of Members, Officers or Employees of CITY, Members of Local
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Governing Body or Other Public Officials:
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No.member~ officer or employee of the CITY or its designees or agents,
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no member of the governing body of the locality in which the program is situated and
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no other public official of such lacality or localities who exercise any functions I'
or .responsiblities with respect to the program during his tenure or for one year
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thereafter, shall have any intere~t, direct or indirect, in any contract, subcontract
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or the proceeds thereof, for work to be performed in connection with the program
12 assisted under this contract. The CITY shall ,incorporate or csuse to be incorporated,
13 in all such contracts or subcontracts a provision prohibiting such interest pursuant
14 to the purposes of this section.
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K. Prohibition Against Payments of Bonus or Commission:
16 The assistance provided under this contract shall not be used in the
17 payment of any bonus or commission for the purpose of obtaining MUD approval of the
18 application for such assistance or MUD approval of application for additional
19 assistance of any other approval or concurrence of HUD required under this contract,
20
provided, however, that reasonable fees or bona fide technical,
consultant, manaserl' ,
hereby prohibited
21
or other such services, other than actual solicitation, are not
22 if otherwise eligible as program cost.
23
L. In the event of any inconsistency between the above-referenced
24 Cooperation Agreement and this Contract, the provisions of this Contract shall
25 prevail.
26 II/I
27 IIII
28 I RF:sj384b(1)
Exhibit "A" to COUNTYICITY Agreement
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