HomeMy WebLinkAboutCC Res 2684 1977-08-08
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RESOLUTION NUMBER .;z~l34
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 FOR ALLEY
IMPROVEMENTS 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~74;
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 for alley, paving, and water and/or sewer line
improvements 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 Council of the City of Seal
Bea~ California, at a meeting thereof held on the B":! day of
~ H-at..' l' 1977, by the fOllO~ing voty,), .
AYES: Councilmen ~.....) ,{;:;rbLl..):;,~
NOES, '''",ll~'~~~' ....
ABSENT: Councilmen diJA-"n a...:~,
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Resolution Number
EXHIBIT "A"
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COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
CONTRACT ( REVISED 5/77)
This Contrsct entered into this day of . 197~
which is dated for purposes of reference only between the County of Orange, hereinafter
"COUNTY" and the City of Seal Beach . hereinafter "CITY":
WITNESSETH
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Whereas, COUNTY and CITY previously entered into a Cooperation Agreement
dated January 4, 1977, pursuant t~ Title I of the Housing and Community Development
Act of 1974 hereinafter "ACT"; and
Whereas, the parties agreed that COUNTY would be responsible for the prepar-
ation, adoption and submission of an Urban County Application to RUD; and
Whereas, the parties agreed that in the event COUNTY's Urban County applica-
tion was approved by RUD, COUNTY would forward to CITY any such grant funds received
from HUD which are attributable to activities conducted by CITY, unless another form of
distribution is required by the ACT.
NOW, THEREFORE, BE IT RESOLVED that, the COUNTY agrees to provide to CITY
federal assistance under tbe ACT as authorized by the sbove Cooperation Agreement,
subject to the terms and conditions of said Cooperation Agreement, any Assurances or
Certifications submitted by CITY, this Contract, applicable laws, regulations and all
other requirements of HOD now or hereafter in,effect.
1. Definitions: Except to the extent modified or supplemented by this Contract
any term defined in Title I of the Housing and COllllllUtlity Development Act of 1974 or the
HUD Community Development Block Grant Regulations at 24 CPR Part 570, shall have the
same meaning when used herein.
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(a) "Assistance provided under tbis Contract'means reimbursement or advance-
ment of funds for costs incurred as described in the Community Development Program.
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(b) "l'rollram" means the cOl1llllUnity development program, project or other
activities, including the administration thereof, with respect to which assistance is
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being' provided under this Agreement.
2. "Section 3" Compliance in the Provision of Training, Employment and Business
Opportunities:
This Contrsct is subject to the requirements of Section 3 of the Housing
and Urban Development Act of 1968 (12 USC 170lu), ss amended. the HUn regulations
issued pursuant thereto at 24 CFR Psrt 135 snd sny applicable rules aucl ordeTs of HUn '
issued thereunder prior to the HUD authorization of the Funding Approval.
The CITY shall cause or require to be inserted 111 full 111 all contracts end
subcontracts for work financed in whole or part with assistance provided under this
COntract. the Section 3 clause set forth in 24 CFR l35.20(b).
The CITY ahall provide such copies of 24 CFR Part 135 as may be necessary for
the information of parties to contracts required to contain the Section 3 clause.
3. Flood Disaster Protection
This Contract is subject to the requirements of the Flood Disaster Protection
Act of 1973 (P.L. 93-234). No portion of the assistance provided under this Contract
is approved for acquisition or construction purposes as defined under Section 3(a) of
said Act, for use in an area identified by the Secretary as having special flood haz-
ards which is located in a community not then in compliance with the requirements for
participation 111 the national flood insurance program pursuant to Section 20l(d) o~
said Act; and the use of any assistance provid~d under this COntract for such acquisi- .
tion or construction in such identified areas in communities then participating in the
national flood insurance progr~m shall be subject to the mandatory purchase of flood
insurance requirements of Section 102(a) of said Act.
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Any contract or agreement for the sale, lease or other transfer of land
acquired, cleared or improved with 'assistance provided under this Contract shall con-
tain, if such land is located in an area identifi~d by the Secretary as having special
flood hazards and i~ which the sale of flood insurance has been made available under
the National Flood Insurance Act of 1968, as amended, 42 u.s.c. 4001 et seq.. provision
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Resolution Number
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1 oblig~ting the transferee and its successors or assigns to obtain and maintain, during
2 the ownership of such land, such flood insurance as required Yith respect to financial
3 assistance for acquisitiQn or ,construction purposes under Section 102(a) of t~e Flood
4 Disaster Protection Act of 1973. Such provisions shall be required notwithstanding
5 the fact that the construction on such land is not itself funded with assistance pro-
6 vided under this'Contract.
7 4. Equal Employment Opportunity
8 In carrying out the program, the CITY shall not discriminate against any
I employee or applicant for employment because of race, color, religion, sex or national
origin. The CITY shall take affirmative action to insure that applicants for employ-
11 ment are employed and that employees are treated during employment, without regard to
12 their race, color, religion, sex or national origin. Such action shall include, but
13 not be limited to, the fOllowing: employment, upgrading, demotion or transfer; re-
14 cruitment or recruitment advertising; layoff or termination; rates of payor other forms
15 of compensation; and selection for training, including apprenticeship. The CITY shsll
16 post in conspicuous places, available to employees and applicants for employment,
17 noticea to be provided by the County setting forth the provisions of this nondiscrimin-
ts ation clause. The CITY shall state that all qualified applicants will receive consid-
19 eration for employment without reaard to race, color, religion, sex or national origin.
20 The CITY shall incorporate the foregoing requirements of this paragraph in all of its
I contracts for program work and will require all of its contractors for such work to
. incorporate such requirements in all subcontracts for program work. Such contracts
23 shall be subject to HUD Equal Employment Opportunity regulations 24 CFR Part 130 as
24 applicable to HUD assisted construction contracts.
25 The CITY shall cause or require to be inserted in full in any nonexempt con-
26 tract and subcontract for construction work or modification thereof, as defined in said
27 regulations, which is paid for in whole or in part with assistance under the Contract,
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the faliowlng equal opportunity clause:
"During the performance of this contract, the contractor agrees as follows:
(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 treat~
during employment, without regard to their race, color, religion,
sex or nation~l origin. Such action shall include~ but not be
limited to, the following:
Employment, upgrading, demotion or transfer, recruitment advertis-
ing; layoff or terminination; rates of payor otber forms of com-
pensation; and selection for training, including apprenticeship. '
The contractor agrees to post in conspicuous places, available to
employees and applicants for employment, notices to be provided by
the city setting forth the provisions of this nondiscriminatiDn
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clause.
(2) The Contractor will, in all solicitations or advertisements for
employees lllaced by or on behalf of the contractor. state that all
qualified applicants will receive consideration for employment witb-
out 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 understanding, a notice advising the said labor
union or worker's representatives of the contractor's commitment
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under this section and shall post copies of the notice in con-
spicuous places available to employees and applicants for employ-
ment.
(4) The contractor will comply with all provisions of Executive Order
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11246 of September 24, 1965 and of the rules, regulations and
relevant orders of the Secretary of Labor.
(5) The contractor will furnish all information and reports ~equire4
by Executive Orde-c 11246 of September 24. 1965 and by the rules,
regulations and orders of the Secretary of Labor or pursuant there-
to and will permit access to his books, records and accounts by,
the Department and the Secretary of Labor for purposes of 1nvesti~
gaUon to ascertain compliance with such rules, regulations and
orders.
(6) In the event of the contracto-c's noncompl1ance with the nondiscrim-
inaUon clauses of this contract or with any of such rules, reg-
ulations or orders, this contract may be canceled, terminated or
suspended in whole or in part snd the contractor may be declared
ineligible for further Government contracts or federally assisted
construction contract procedu-ces autbo-cize4 in Executive Order
11246 of September 24, 1965, or by rules, regulations or order of
the Secretary of Labor or as otherwise provided by lsw.
(7) The contrsctor will include the portion of the sentence immediately
preceding psragraph (1) snd the provisions of paragrsphs (1)
through (7) in every subcontract or purchase order unless exe-mpted
by rules. regulations o-c orders of the Sec-cetary of Labor issued
pursuant to Section 204 of the Executive Order 11246 of Septemb,er
25, 1965, so that such provisions will be binding upon each sub-
contractor or vendor. The contractor will take such action with re-
spect to any subcontract or purchase order as the Department may
direct as a means of enforcing such provisions, including sanctions
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f-or noncompliance: Provided, however, that in the event a contrllCtD'
becomes involved in, or is threatened with, litigation with a
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subcontractor or vendor as a result of such direction 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 opportunity
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, instrumentally or subdivision of such CITY which does not participate in
work on or under the contract.
The CITY agrees that it will assist and cooperate actively with COUNTY, mm
and the Secretary of, Labor in obtaining the compliance of contractors and subcontrac-
tors with the equal opportunity clause and the rules, regulations and relevant orders
of the Secretary of Labor; that it will furnish the County, HOD and the Secretary of
Labor such information as they may require for the supervision of such compliance;
and that it will otherwise assist the above parties in the discharge of its primary
responsiblity for securing compliance.
The CITY further agrees that it will refrain from entering into any contract
or contract modification subject to Executive Order 11246 of September, '24, 1965. with
a contractor debarred from or who has not demonstrated eligibility for. Government con-
tracts and federally assisted construction contracts pursuant to the executive order
and will carry out such sanctions and penalties for violation of equal opportunity
clause as may be imposed upon contractors and subcontractors by BUD or th~ Secretary of
Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the CITY
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agrees that if it fails or refuses to comply with these undertakings, the COUNTY may
take any or all of the following actions: 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 which the failure or refusal occurred until
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satisfactory assura~ce of future compliance has been received from such CITY.
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Resolution Nu~er
1 5. Le~d-Based Paint Hazards:
2 The construction or rehabilitation of residential structures with assistance
3 provided ~nder this Contract is subject to the BUD Lead~Base Paint regulatio~,
4 24 CFR Part 35. Any grants Dr loans made by the CITY for the rehabilitation of resi-
5 dential structures with assistance provided under this Contract shall be made subject
6 to the provisions for the elimination of lead-base paint hazards under subpart B of
7 said regulations and the CITY shall be responsible for the inspections and certifica-
8 tions required under Section 35.14(f) thereof.
6. Compliance with Air and Water Acts:
This contract is subject to the requirements of the Clean Air Act, as &mended,
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42 USC 1857 et seq.. the Federal Water Pollution Control Act, as amended 33 use 1251
et seq. and the regulations of the Environemental Protection Agency with respect there-
to, at 40 CPR Part 15, as amended frOlll time to time.
In compliance with said regulations, the CITY shall cause or require to be in-
serted in full in all contracts and subcontracts with respect to any nonexempt trans-
action thereunder funded with assistance prOVided under this contract, the following
requirements:
(1) A stipulation by the contractor Dr subcontractors that any facility 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 CPR 15.20.
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(2) Agreement by the contractor to comply with all the requirements of Section 114
of the Clean Air Act, as amended (42USC 1857c-8), and Section 308 of the Federal Water
Pollution Control Act, as amended, (33USC 1318) relating to inspection, monitoring,
entry, reports and information, as well as all other requirements specified in said
Section 114 and Section 308, and all regulations and guidelines issued thereunder.
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(3) A stipulat~on that as a condition for the award of the contract prOlllpt notice
will be given of any notification received from the Director, Office of Federal
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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 Facilities.
(4) 'Agreeme!!t 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 that the contractor will take such action as the
~ernment _y direct as a means of enforcing such provisions.
In no event shall any amount of the assistance providecl under this contract
be utilized 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.
7. Federal Labor Standards Provisions:
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,for the construction, prosecution, completion or
repair of any building or work financed in whole or in part with assistance provided
under this contract, shall comply with HUD requirements pertaining to such contracts
and the applicable requirements of the regulations of the Department of Labor under
29 CPR Parts 3, 5 and Sa, governing the payment of wases and the ratio of apprentices
and trainees to journeymen: Provided, that if wage rates higher than those required
under such regulations are imposed by state or'local law, nothing hereunder is intended
to relieve the CITY of its obligation, if any, to require payment of the higher rates.
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 CPR 5.5 and for such
contracts in excess of $10,000.
No award of the contracts covered under this section of the contract shall be
made to any contractor who is at the time ineligib~e under the provisions of any
applicable regulatio~s of the Department of Labor to receive an award of such contract.
8. Nondiscrimination Under Title VI of the Civil RiRhts Act of 1964
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This contract is subject to the requirements of Title VI of the Civll,R1ghts
Act of 1964 (P.L. 88-352) and Hun regulations with respect thereto including the
regulations under, 24 CFR Part, 1. In the sale, lease or other transfer of land acquired"
cleared or improved with assistance provided under this contract, the CITY shall cause
orprepate a covenant running with the land to be inserted in the deed. lease or trans-
fer, 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 suci! land
or any improvements erected or to'be erected thereon, and providing that the CItY and
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the United States are beneficiaries of and entitled to enforce slIch covenant. the
City in undertaking its obligation in carrying out the program assisted hereuncler,
agrees to take such measures as are necessary to enforce such covenant and will not It-
self so discriminate.
9. 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 of any third party or parties-'for the lindertaldng of s"
part of the program with respect to which asa1stance is being provided under th:Ls con-
tract to the CITY. Such third party or parties shall comply with all lawful require-
mBnts of the CITY necessary to insure that the ~rogram ~th respect to which assistaace
is being provided under this contract to the CITY is carried out in accordance with the
CITY's Assurances and certifications, including those with respect to the assumption '
of environmental responsibilities of the CITY under Section 104 (h) of the Housing and
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COllllllUZlity Development Act of 1974.
10. Interest 'of Certain Federal Officials:
No member of or Delegate to the Congress of the United States and no Resident
Co_issioner, shall be admitted to any share or part of this contract or to any benefit
to arise from the same.
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1 ll. Interest of Members, Officers or Employees of CITY. Members of Local
2 GcwerninR Body or Other Public Officials
3 Jlo member, officer or, employee, of the CITY or its designees or ageni:s, 110
4 member of the governing body of the locality in which the program is situated and 110
5 other public official of such locality or localities who exercise any functioDS or
6 responsibilities with respect to the pz:ogram, dur~ng his tenure or for one year tbere-
"1 after, shall have any interest, direct or indirect, in any contract or subcontract, or
8 the proceeds thereof, for work to be performed in connection with the progr_ assisted
under this contract. The CITY shall incorporate or cause to be incorporated'- in all
such contracts or subcontracts a provision prohibiting such interest pursuant to the .
11 purposes of this section.
12 12. Prohibition Against Payments of Bonus or Commission: .,
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13. ' , , '!:be assistance prov1c1ed under this contract shall not be used in tbe payment:
14 of any bonus or cOllllllission f~r the purpose of obtaining HUD approval of the application
15 for such assistance or HUD approval of application for additional &8siatance or any
16 other approval or concurrence of BUD required under this contract, provided, however,
17 that reasonable fees or bona fide technical; consultant, _nagerisl or other such
18 se~ices, otber than actual solicitation. are not hereby prohibited if otberwise elig:Lbl: .
19 as program coat.
20 13. CITY agrees to comply with the financial procedures required by tl,1e Housingl
Community Development Division (EHA). In the event of conflict between said' fina~c1al
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procedures snd any applicable statutes, rules or regulations of HUD including Federal
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Management Circular 74-4 and 74-7, the latter shall prevail.
24 14. CITY shall submit to COmrrc a detailed description of the program proposed to
25 be conducted by CITY hereunder, including a detailed description of the projected costs
26 thereof. Said description and any additions or amendments thereto shall be submitted to
27 and approved by the Chairman, B~ard of Supervisors as designated Executive Officer
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18 Project Title
19 Contrsct Category No. (CCN)
20 Calculation of Project Cost:
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Resolution ~umber
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1 prior to the performance by CITY of such activities. COUNTY shall not be liable for
2 any costs which exceed such projectl.'d costs unless approved by the Executive Officer.
3 The above program shall be designated as follows:
4 Project Title
Alley Improvements in Target Area
5 Contract Category No. (CCN)
6 Calculation of Project Cost:
C 25572
$88,000
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Project Description: Reconstruction of allevs in the target area to include paving
and sewer and/or water line reconstruction. The alleys to be reconstructed are:
1. 6th Street Alley from Ocean Ave. Alley to Electric Ave. '
2. 11th Street Alley from Central Ave. to Electric Ave.
3. 12th Stre~t Alley from Ocean Ave. Alley to Electric Ave.
(See accompanying map.)
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Expenditure Schedule: Will initiate work shortly after expenditures are authorized.
Once construction is initiated, it will take approximately three months to complete
work. We will request monthly payments as costs are incurred.
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Project Description:
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Expenditure Schedule:
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1 IS. CITY agrees to submit all subcontracts funded through this contract to COUNTY
2 for staff review prior to execution.
3 16. In the event of CITY's failure to cOJllP.1.y with the provisions of this contract.
4 COUNTY may withhold funds andlor allocate funds to another activity considered by the
5 COUNTY to be in compliance with the ACT.
6 17. In the event of any inconsistency between the above-referenced Cooperation
7 Agreement and this Contract, the provisions of this Contract shall prevail.
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IN WITNESS THEREOF, CITY has caused this agreement to be executed by its
I Mayor and attested by its Clerk and COUNTY has caused this agreement to be executed by
the Chairman of the Board of S!1Pervisors and attested by its Clerk. aU thereunto duly
11 authorized by the City Council and the Board of Supervisors.
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13 Dated:
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COUNTY OF OlWfGE,
By
Chairman. Board of Supervisors
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Dated:
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I H/cD:
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Gt'-UJi f. 197.7
CITY OF
SEAL BEAOI
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Mayor
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