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HomeMy WebLinkAboutCC Res 2748 1978-03-13 ~ I 1 1 . ..... .... . RESOLUTION NO. ~"4I~ , A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING TENTATIVE TRACT MAP NO. 10249. WHEREAS, an application was duly filed by James R. Watson, 101 Main Street, Suite "A", Seal Beach, for Tentative Tract Map No. 1 0249; and WHEREAS, the property is described as parcel 3 of Parcel Map 68-7, and is more commonly known as 809 Ocean Avenue; and WHEREAS, the proposal is to convert an existing four-unit apartment building into a four-unit condominium; and WHEREAS, on February 15, 1978, the Planning Commission approved and recommended to City Council approval of Tentative Tract Map No. 10249; and WHEREAS, the City Council makes the following findings regarding Tentative Tract Map No. 10249: 1. The proposed map and improvements for the subdivision are consistent with the City's General Plan. 2. . The project complies with the type of use and density prescribed for this site in the City's General Plan and Zoning Ordinance. 3. The site is physically suitable for development; the land is flat; is in a developed area with existing streets and utilities located adjacent to the project site. 4. The site is suitable for the proposed density of development. 5. The design of subdivision will not cause substantial environmental damage, 6, The design of subdivision is not likely to cause serious public health problems because all the necessary utilities and services are available for the project. 7. The design of the subdivision will not conflict with ease- ments acquired by the public at large for access through, or use of, property within the proposed subdivision because none exist. 8. The discharge of waste from the proposed subdivision into the existing community sewer system will not violate existi"ng requirements prescribed by the local regional water quality control board pursuant to Division 7 of the Water Code. NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby approve Tentative Tract Map No. 10249 PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal Bea~ California, at a meeting thereof held on the /3~ day of (/....JJO~ . , 1978, by the following vote: . - I I I . .' AYES: Councilmen NOES: Councilmen I...--:l ABSENT: Councilmen " ATtEST.:..;'; " ...~-"\,- ,'. .. . -.. , ~ /' . - Resolution Number , . . . ~~~ ~~-A(.J Mayor , . . . .. .__.:~, . . ~I I: I: Resolution Number 1 2 3 COUNTY OF ORANGE HOUSING AND CO~lUNITY DEVELOPMENT TITLE 1 PROJECT: Mobile Home and Housing Pilot Program NO. C25951 Memorandum of Agreement entered into this day of . 19 4 5 6 7 by and bE-tween: City of Seal Beach a municipal cor- poration, hereinafter referred to as CITY.. and County of Orange, a political subdivision of: 10 11 the State of California aud recognized Urbsn County under the Federal Housing and Community 12 13 14 15 Development Act of 1974, hereinafter referred to as COUNTY. WITNESSETH: WHEREAS, COUNTY and CITY previously entered into a Cooperation Agreement, 16 dated January 4, 1977 in which both parties agreed to cooperate in the under- 17 18 19 taking, or assist in the undertaking, of essential community development and housing assistance activities, and WHEREAS, the CITY has submitted to the COUNTY a proposal for funding a project(s) listed below, and WHEREAS, the COUNTY has ents.ed into separate agreement dated 22 23 24 25 26 Z7 28 July 26, 1977 with tte U.'S. D~PQ:tment 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 ite~s as well as all applicable Federal, State and County laws and regulations in- eluding the attachad Special Provisions, identified as Exhibit "A". are part of tnis 1I3reement. 1. CITY is hereby described as lead agency for prqgram/project, described .. I I Resolution Number 1 herein as: grants for' the rehabilitation of owner-occupied mobile homes including cab&lJ& 2 3 .4 in the designated target 'area (see attached map, Exhibit B) subsequent to the redevelop- ment of the site and the relocation of original residences. The grants will be available exclusively to low and moderate income families who will be residing in the new mobiJ,ao '5 home park. A rehabilitation plan specifying ,the implementation of this pr.ojea~ w.IJ..'l.. be'. :.~.:~ '6 prepared by the city and reviewed by the county to assure compliance with the intent of' . '-7; the block grant program. The city will provide the county with assurances from the- , Seal Beach Redevelopment Agency that the Agency will subsidize the rents 01' each tllllrl.4r 10 ~11 12 receiving rehabilitation grants, as necessary, so that no family will pay mor~ than 25% ,of its income for such rent; the subsidy will not exceed $4,000 for each .family. 2. This contract provides that the CITY: a. Agrees that all work shall be in accordance with CITY.S governing 13 building and safety codes. 14 b. Shall maintain accounting records, o:f'1'icial files, and other evidence pertaining to costs incurred as per lIDD regulations, and all of these sba.11 be I , . accessible for the purpose 01' makl.ng surveys, audits and examinations by duly authorized 15 ~16 '":1.7 , !representatives. These records shall be kept available at CITY'S office during the 18 I contract period and thereafter for three (3) years from the date of final p'a.~en"\: 0:1: liHUD Co~~unity Development Block Grant Funds. . c. Agrees that the project developed under this program must be retained. i I for community development purposes as defined by HUD and a.t a level of operation anti, lmaintenance adequate to insure maximum utilization of the project by low and moderate I '"'9 ... :22 ~ ; income families. :24 :25 d. Agrees that if it is subsequently determined by COu:NTY or HUD that said , I funds I were not expended in compliance with the federal laws and regu].ations, CITY will :26 refund to CQllil'fY such sums which were improperly expended. 27 , e. \-!in assume lead respom,ibili.ty for the Calii'ornia F.nvironmental Quality I 28 "A" '. requirements and will provide COUNTY with necessary information to comply . I: 120 21 22 23 24 25 ( Resolu~ion Number 1 with the National Environmental Policy Act. 2 3 4 $30,000. 5 6 7 3. Project Funding: ;"::.~~::t The estimated cost of the project covered by this agreement is -' ", <:~rf.~ Based on the above estimate this project will be financed as f~~~: - ." :~....:~~ a. b. Block Grant Funds - $30,000. c.. Payment by the COUNTY to the CITY shall be on a reimbursable ba&1;s unless the CITY has been authorized and issued cash advances under this agreement:. d. Cash advances requested by the CITY under this agreement shall lIe made 10 11 by the COUNTY to the CITY if the following conditions are met: (1) The CITY has demonstrated to the Director, EMA initially tlirough 12 certification in a form prescribed by Director, EMA and subsequently through performance, 13 its willingness and ability to establish procedures that will minimize the time elapsing 14 between the transfer of funds to it and its disbursement of such funds. 15 (2) The CITY certifies to the Director, EMA that the CITY'S f1.nanciaJ. 16 management system meets the standards for fund control and accountability prescribed in 17 Attachment G of Federal Management Circular 74-7 "Standards for Grantee Financial 18 ~lanagement Systems." 19 (3) The CITY complies with the cash advance procedures prescr.j~ed in the Housing and Community Development (E~lA) financial procedures. If, subsequently, the CITY is found to be in non-compliance w:l.th: the,", . ..'.'.#' -.', . above, the CITY shall be paid only on a reimbursable basis and, if necessary, agT.ees" .to::.- :::: .~::~~ ~ .,ol'" reimburse the COUNTY for any monetary damages the COUNTY may incur for the CITY'S: . ., .,' ":'-.' non-compliance. e. Reimbursable basis payments as described in (c) above, and/or cash 26 advances described in (d) above, will be made in accordance with the financial procedureB 27 required by Housing/Community Development Division (E~lA). In the event of conflict 28 bet ween said financial procedures and any applicable statutes, rules or regulations of ,. ( Resolution Number 1 HUD including Federal Management Circulars 74-4 and 74-7. the latter shall prevail.' 2 4. Neither COUNTY nor any officer or employee thereof shall be responsibll!:, .,:;. '"i_ 3 for any damage or liability occurring by reason of anything done or omitted to be doo,E!" by ":...' .,:".: ':'~~:?:J: 4 CITY under or in connection with any work, authority or jurisdiction delegated to ::CIfi: . . :: ::. .:~:.~~~~:~.; 5 under this agreement. It is also understood and agreed that pursuanl; to Government:.. Code: . . ~...,.. ": , 6 Section 895.4. CITY shall fully indemnify. defend and hold COUNTY harmless from arty'''' 7 liability imposed for injury (as defined by Government Code Section 810.8). occurring by I: reason of anything done or omitted to be done by CITY under or in connection with any ork. authority or jurisdiction delegated to CITY under this agreement. 10 5. Neither CITY nor any officer or employee thereof shall be responsible for 11 any damage or liability occurring by reason of anything done or omitted to be done by 12 COUNTY under or in connection with any work. authority or jurisdiction not delegated to 13 ITY under this agreement. It is also understood and agreed that. pursuant to 14 vernment Code Section 895.4. COUNTY shall fully indemnify. defend and bold CITY harroles! 15 rom any liability imposed for injury (as defined by Government Code Section 810.8). . 16 ccurring by reason of anything done or omitted to be done by COUNTY under or in 17 onnection with any work. authority or jurisdiction not delegated by CITY under thj3 18 greement. 19 III I~ III III , . - :.. )'::--'i.-.' 22 III "/:". ~.,,~~.... .",. :.,':1~~':;~~", . . ,.. 'l! 1> . ..1.1_ .0)...... 23 III . .::: ~;!1j;~~. . 24 III 25 III 26 III 27 III 28 III ,. '. 1 Resolution Number 6. In the event of CITY's failure to comply with the provisions of tbis 2 Contract, COUNTY may withhold funds and/or allocate funds to another activity consi- 3 dered by the COUNTY to be in compliance with the Act. 4 IN WITNESS THEREOF, CITY has caused this agreement to be executed by its 5 Mayor and ~ttested by it& Clerk and COUNTY has caused this agreement to be executed 6 by the Chairman of the Board of Supervisors and attested by its Clerk~ all thereunde 7 duly authorized by the City Council and the Board of Supervisors. I: 10 11 12 13 14 15 16 17 18 19 120 21 22 23 24 25 26 Z1 28 COUNTY OF ORANGE Dated: By Cha1rman, Board of Supervisors ATTEST: JUNE ALEXANDER Clerk of the Board of Supervisors of Orange County, California ~6 25~~/./ ATTEST: CITY OF By ~'U'~,1: ~~~~ Mayor Dated. APPROVED AS TO FO~I: COUNTY COUNSEL By Deputy II/CD _ ,,., , -(' Iff \ ,. ," r 1,) . I 10 11 12 13 14 15 I ~ II , I ResolutiQn Number '. ... SPECIAL PROVISIONS 1 2 3 4 A. The CITY shall cause or require to be inserted in full in all contracts and subcontracts for work financed in whole or part with assistance provided under this Contract, the Section 3 clause set forth in 24 CFR 135.20(b), and will provid~ . auch copies of 24 CPR Part 135, as may be neceasary for the informa'tion of partieo, 5 6 7 to contracts required to contain the Section 3 clause. Section 3 requires that to the greatest extent feasible, opportunitie& , .' for training and employment be given lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in or owned in substantial part by persons residing in the area of the project. The parties to this contract will' comply with the provisions of said Section 3, and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CFR 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of this contract. The parties to this contract certify and agree that they are under no contractual or other 16 17 18 19 dissbility which would prevent them from complying with these requirements. The contractor will include this Section 3 clause in every subcontract for work in connection with the project and will at the direction of the applicant for_ 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 22 23 24 will not subcontract with any subcontractor where it has notice or knowledge that the latter has ~een found in violation of regulations under 24 CFR 135. B. Flood Disaster Protection 25 This Contract is subject to the requirements of the Flood Disaster 26 Protection Act of 1973 (P,L. 93-234). No portion o[ the assistance provided under 27 28 this Contract is approved for acquisition or construction purposes as defined under Exhibit "AtI to COUNTY/CITY Agreement .. -....... . . Resolution ~umber . ~~ . . ~ P- o 1 Section 3(.'1) of said Act, for use in an area identified by the Secretary as having 2 special flood hazards, which is located in a community not then in compliance with 3 the requirements .for participation in the national flood insurance program pursuant to . 4 Section 201(d) of said Act; and the use of any assistance provided under.this Contract .-.:,' 5 for such acquisition or construction in such identified "rens in com,aunities then part;. '.0"' '.. 6 7 8 9 cipating in the national flood insurance program shall be subject to the mandatory pur- .' chase of flood insurance requirements of Section 102(.'1) of said Act. Any contract or agr~ement for the sale, lease or other transfer of Id acquired, cleared. or improved with assistance provided under this Contract shall n- 10 11 tain, if such land is located in an area identified by the Secretary as having special flood hazards and in which the sale of flood insurance has been made available under 12 13 14 15 the National Flood Insurance Act of 1968, as amended, 42 U.S.C. 4001 et seq., provi- sions obligating the transferee and its successors or assignees to obtain and maintain, during the ownership of such land, such flood insurance as required with respect to' financial assistance for acquisition or construction purposes under Section 102(a) of 16 the Flood Disaster Protection Act of 1973. Such provisions shall be required notwith-. 17 standing the fact that the construction on such land is not itself Cunded with assis- 18 tance provided under this Contract. ~":"' ;.. 19 20 - ., C. Equal Employment Opportunity In carrying out the program, the CITY shall not discriminate againsln~_ _ or nat al: 21 employee or applicant for employment because of race, color. religion, sex 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 focms of 27 compensation; and selection for training, including apprenticeship, The CITY shall 28 Exhibit "A" to COUNTY/CITY Agreement , . n - r . ". '. Resolution Number. 1 post in conspicuous places, available to employees and applicants for employment, 2 notices to be provided by the COUNTY setting forth the provisions of this nondiscri- 3 mination clause. The CITY shall state that all qualified applicants will receive con- 4 sideration for employment without regard to race, color, religion, sex or national 5 origin. The CITY shall incorporate the foregoing requirements of this paragraph' i.n 6 in all of its contracts for program work and will require all of its contractorB for 7 such work to incorporate such requirements in all subcontracts for program work. S.uch contracts shall be subject to HUD Equal Employment Opportunity regulations 24 CFR Part 130 as applicable to HUD assisted construction contracts. 10 11 12 13 14 15 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 (1) The contractor will not discriminate against any employee or 16 17 18 19 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 inclu~. but not be limited to, the following: 22 23 24 25 28 27 28 Employment, upgrading, demotion or transfer, recruitment advertising layoff or termination; rates of payor other formS of compensation and selection for training, including apprentic?ship. The con- tractor agrees to post in conspicuous places, available to employee! , 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 Page 3 of 10 Resolution Number 1 2 3 (2) 4 5 6 7 (3) 8 9 10 11 12 13 14 15 16 17 (4) (5) 18 19 20 21 22 23 (6) 24 25 26 27 28 .. .~ . 0". 4,...... The Contractor will, in all snlicitations 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 ~f:: .,. '..;; . ~. workers with which he has a collective bargaining agreement or otbE contract or understanding, a notice advising the said labor union :::.:O::':::::::.::-:::-:::,'liir", and shall post copies of the notice in conspicuous places availabl. or worker's representatives of Section 202 of Executive Order 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 re1e' vant orders of the Secretary of Labor. The contractor will furnish all information and reports required bl Executive Order 11246 of September 24, 1965 and by the rules, regu' lations and orders of the Secretary of Labor or pursuant thereto al will permit access to his books, records and accounts by the Depa: ment and the Secretary of Labor for purposes of investigation to '0 ~'.. ascertain compliance with such rules, regulations and orders. . ...., In the event of the contractor's noncompliance with the nondlr~~ mination clauses of this contract or with any of such rules, regul tions or orders, this contract may be " ,.t'l:.:" canceled, terminated or ' ::::~ "w .~.: 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 Il2~6 of September 24, 1965, or by rules, regula- Exhibit "A" to COUNTY/CITY Agreement Page 4 of 10 .. I I~ " ResoL~~ion Number \,.... 1 2 3 tions or order of the Secretary of Labor or as otherwise provided by law. (1). The contractor will include the portion of the sentence immediately . preceeding paragraph (1) and the provisions of paragraphs (1) 4 5 6 7 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 Executive Order 1l24S of September 25, 1965, so that such provisions will be binding upon each sub- contractor or vendor. The contractor will take such action with 10 11 12 13 14 15 16 17 18 19 respect to any subcontract or purchase order as the Department may direct as a means of enforcing such provisions, i~cluding sanctions for noncompliance; provided. however. that in the event a contractor becomes involved in, or is threatened with, litiga- tion with a subcontractor 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 bOllnd 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 22 23 24 not participate in work on or under the contract. The CITY agree~ that it will assist and cooperate actively with COUNTY, HUD and the Secretary of Labor in obtaining the compliance of contractors 25 and subcontractors with the equal opportunity clause and the rules, regulations 26 27 28 and relevsnt orders of the Secretary of Labor; that it will furnish the COUNTY, Hun and the Secretary of Labor such information as they may require for the super- Exhibit "A" to COUNTY ICITY Agreement Page 5 of 10 .. Resolution ~umber " ',' 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 6 7 8 9 24, 1965, with a contractor debarred from or who has not demonstrated eligibility "':,:..~. ... ..:::".::: for, Government contracts and federally assisted construction COntracts pursuant. ' ::':.':.:,:~' ,.....:.'..... -''-./1 to the executive order and will carry out such sanctions and penalites for viola~iom-' of equal opportunity clause as may be imposed upon contractors and subcontraccors ' by Hun or the Secretary of Labor pursuant to Part II, Subpart n of the Executive I':'. 10 Order. In addition, the CITY agrees that if it fails or refuses to co~ply 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. 16 17 D. Lead-Based Paint Hazards: The construction or rehabilitation of residential structures with .! ,. 18 assistance provided under this Contract is subject to the Hun Lead-Base Paint ...'6. .~ ..-; -_.~. 19 20 21 22 23 24 25 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-ba~1II: .~, paint hazards under subpart B of said regulations and the CITY shall be responsible;~~ for the inspections and certifications required under Section 35.14(f) thereof. ;~~1~~ E. Compliance with Air and Water Acts: The CITY shall cause or require to be inserted in fulL in all nOn- 28 exempt contracts or subcontracts for work furnished in whole Or in part by the Z1 2B grant contracts, the following requirements (contracts, subcontracts and subloans Exhibit "A" to COUNTY/CITY Agreement Page 6 of 10 '. ,,' ...;. .. , . " . I: 10 11 12 13 14 15 16 17 18 19 i: 22 23 24 25 26 27 28 L...:.u Resolu~~n Number 1 2 3 not exceeding $100,000 ore exempt from this part): This contract is subject to the requirements of the Clean Air Act, 4 as amended 42 USC 1857 et seq" the Federal Water Pollution Control Act. as amended 33 USC'125l et s~q. and the regulations of the Environmental Protection Agency 5 6 7 with respect thereto, at 40 CFR Part 15, as amended from time to time. In compliance with aaid regulations. the CITY shall Cause or requir~ 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- 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 Agency (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 1857c-8) and Section 308 of the Federal Water Pollution Control Act; as amended, (33 USC 1318) relating to inspection, monitoring, entry, reports and information, as well as all other. requi.re- ments specified in said Section 114 and Section 308, and all regulations and guidelines issued thereunder. (3) A stipulation that as a condition for the award of the contract prompt notice will be given of any notification received from the Director, Office of Federal Activities. EPA, indicating that a facility utilized or to be utilized for the contract is under consideration to be listed on the EPA List of Violating Faci li ties. Exhi bit "A" to COUNTY ICITY Agreement Page 7 of 10 -- ..r ". Resol~tion.Number I 2 3 (4) Agreement by the contractor that he will include or cause to be included the criteria and requirements in paragraph (1) through (4) of this section in every nonexempt subcontract and requiring 4 that the contractor will take such action as the Government may - ';;;. .' . , .;.-~ . ....:.-;. .....,.::. 5 6 7 direct as a means of enforcing such proyisions. In no event shall any amount of the assistance provided under this . .-, " . contract be utilized with respect to a facility which has given rise to a conviction .:! 8 under Section 113(c)(1) of the Clean Air Act or Section 309(c) of the Federal Water .- 9 Pollution Control Act. "1" ..,: :."1:. 10 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 wage~ 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, 21 22 23 to require payment of the higher rates. I', - . "~ $10,000, .' _.:~,: -...11( . ::~;~: part of : -:"'~ The CITY shall cause or require to be inserted in full, in all such contracts subject to such regulations, provisions meeting the requirements of 29 CFR 5.5 and for such contracts in excess of 24 29 CFR 5a.3. The "Federal Labor Standards Provisions" (HUD 4010) are made 25 this contract. 26 27 No award of the colltracts covered under this section of the contract shall be made to any contractor who is at the time ineligible under the provisions 28 Exhibit "A" to COUNTY/CITY Agreement Page 8 of 10 ..h':. ." . -. _ .______..w_ -.- . -~ I. I: 10 11 12 \".~' Resolutidrl Numbe~ I of any applicable regulat ioos or tht' Il"part",'nt or I.abor to receive an awnrd of 2 such contract. 3 c. Nondiscrimination Under Title VI of the Civil Ri~hts Act of 1964: 4 This contract is subject to the requirements of Title VI of the Civil 5 Rights Act of 1964, (P.L. 88-352) and HUD regulations with respect thereto including .\ 6 7 the regulations under 24 CFR Part I. In the sale, lease or other transfer of land' acquired, cleared or tmproved with assistance provided under this contract, the CITY shall cause or prepare a cov~nant running with the land to be inserted in th& deed, lease or transfer, prohibiting discrimination upon the basis of race, color, religion, sex or national origin, in the sale, lease or rental, or in the use or occupancy of such land or any improvements erected or to be erected thereon, and providing that the CITY and the United States are beneficiaries of and entitled 13 to enforce such 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. i: 16 17 18 ]9 22 23 24 25 ! I I 261' 27 28 H. Obligations of Contractor with Respect to Certain Third Party Relationships: The CITY shall remain fully obligated under the provisions of this contract notwithstanding its designation or any third party or parties for the undertaking of any part of the program with respect to which assi~tance is being provided under this contract to the CITY. Such third party or parties shall com- ply with all lawful requirements of the CITY necessary to insure. that the program-. :0i ." ~~~ :::. .~_~.. 4,': with respect to which assistance is being provided under this contract to the ' : :"", ..' ".' .~ . CITY is carried out in accordance with the CITY's assurances and certificstions, including those with respect to the assumption of environmental responsibilities of the CITY under Sect ion 104(h) of the Housing and Communi ty Development Act of 1914. I. Interest of Certain Federal Officials: Exhibit "A" to COUNTY/CITY Agreement Page 9 of 10 '. - Resolu~ion,Number \...v "'"'" ~ ~ . ao _.. . ,. . 1 2 3 No member of or Delegatp to the Congress of the United States and no Resident Commissioner, shall be admitted to any share or part of this contract or to any benefit to arise from the same. ....- . -...~.: .~ -. ~. 4 J. Interest of Members , Officers or Employees Governing Body or Other Public Officials: No member~ officer or employee of the CITY " no member of the governing body of the locality in which . ...... "-:1-:''' .:.".... -~~:..,.: ;,. ".-'..,.:-l" of CITY, Members of Local 5 6 7 or its designees or agents,'.. the program is situated and : 8 9 10 11 ..... ~ no other public official of such locality or localities who exercise any functionl" : or t;esponsiblities with respect to the program during his tenure or for one year ,.:)> thereafter, shall have any interest, direct or indirect, in any contract, subcontract' .. ' ..";' :':~..':!"\ or the proceeds thereof, for work to be performed in connection with the program ':" 12 assisted under this contract. The CITY shall incorporate or cause to be incorporated. 13 in all such contracts or subcontracts a provision prohibiting. such interest pursuant 14 to the purposes of this section. ~ . ". .. 15 16 17 18 19 20 21 22 23 K. Prohibition Against Payments of Bonus or Commission: The assistance provided under this contract shall. not be used in the .;, . '..- -~. payment of any bonus or commission for the purpose of obtaining HUD approval of the .- - .;::~~ application for such assistance or HUD approval of application for additional .~.'" .. assistance of any other approval or concurrence of HUD required under thil' contraC"t~::\ provided, however, that reasonable fees or hona fide technical. consultant, managl'~~: hereby prohibited _. -.:..:": :'~ .:'~~J ...J-_.... . :"":'",;,- : . . ....,,~ ~ .;~~' ~' or other such services, other than actual solicitation, are not if otherwise eligible as program cost. L. In the event of any inconsistency between the above-referenced Agreement and this Contract, the provisions of this Contract shall 24 Cooperation 25 prevai l. 26 11// 27 11// 28 RF: sj381.b(l) . - , - - .... . ::...:.~ : Exhibit "An to COUNTY/CITY Agreement PaRe 10 of 10 t:.:_'~~; ':1'.,.~.~. Reaoluti.on blunibe.r --- . \ \ , '\ . \ ........ " ... r--- - _\-fLU ~ - .o€. eo "'c . 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