HomeMy WebLinkAboutAGMT - Orange County Environmental Mgmt Agency (Housing & Community Contracts) Contract No C40941
COUNTY OF ORANGE
ENVIRONMENTAL MANAGEMENT AGENCY
HOUSING AND COMMUNITY DEVELOPMENT CONTRACT
1 TITLE OF PROJECT: City of Seal Beach: Public Services - Senior Center Rehabilitation
(813.30) Year XVI
2 MEMORANDUM OF CONTRACT entered into this J 5 1.7 day of F " e
3 199(.
4 BY AND BETWEEN
5 CITY OF SEAL BEACH, a municipal corporation,
hereinafter referred to as CITY,
6
and
7
COUNTY OF ORANGE, a political subdivision of the
8 State of California and recognized Urban County
under the Federal Housing and Community
9 Development Act of 1974 (Public Law 93 -383), as
amended, hereinafter referred to as COUNTY.
10
11 WHEREAS, COUNTY and CITY previously entered into a Cooperation Agreement
12 dated September 5, 1990, in which both parties agreed to cooperate in the undertaking,
13 or assist in the undertaking, of community development and housing assistance
14 activities, and
15 WHEREAS, the CITY has submitted to the COUNTY an application for funding
16 of a project hereinafter described, and
17 WHEREAS, the COUNTY adopted the FINAL STATEMENT OF OBJECTIVES AND PROJECTED USE
18 OF FUNDS on May 16, 1990 (Resolution No. 90 -679) which sets forth the project described
19 herein, and
20 WHEREAS, the U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT has accepted and
21 certified the aforementioned FINAL STATEMENT, and
22 WHEREAS, the COUNTY has entered into a separate agreement dated
23 August 7, 1990 with the U.S. Department of Housing and Urban Development (hereinafter___
24 referred to as HUD) to fund said project under the Housing and Community Development Act
25 of 1974 (public Law 93- 383), as amended.
26 NOW, THEREFORE, IT IS AGREED by and between the parties that the following
27 provisions as well as all applicable Federal, State and County laws and regulations
28 including the attached SPECIAL PROVISIONS, identified as EXHIBIT "A ", are part of this
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Contract No. C40941:
1 Contract.
2 1. For the PURPOSES OF THIS CONTRACT the following definitions shall
_ f
3 apply:
4 a. Project Manager: The party responsible for, but whose responsibility is
5 not limited to the following: Contracting, monitoring and implementing the project
6 through completion.
7 b. Director: The Director of the Orange County Environmental Management
8 Agency (hereinafter referred to as EMA) or his designee.
9 c. Reimbursable Basis: The CITY will provide the funds for the project and
10 submit proof of payment to the COUNTY, whereby upon approval, the COUNTY will forward
11 Community Development Block Grant (hereinafter referred to as CDBG) funds to repay the
12 CITY.
-13 d. Construction Bid Package: A package of bidding documents which includes;
14 proposal, bidding instructions, contract documents, detailed estimated costs and plans
15 and specifications for a construction : project, all prepared in accordance with
16 applicable Federal regulations.
17 2. It is understood that the CITY will act as PROJECT MANAGER for the project
18 described as: City of Seal Beach: Public Services - Senior Center Rehabilitation
19 • (P13.30) Year XVI. The City of Seal Beach'will utilize CDBG funds for renovation of the
20 Senior Citizens' Center at the Mary Wilson Branch Library. Improvements will include
21 air conditioning repair, damaged beam replacement and upgrade on interior lighting.
. 22 Project will benefit senior population of Seach Beach and surrounding areas (see
23 attached map, EXHIBIT "B ", which is part of this Contract).
24 3. It is agreed by all parties that the project shall be completed and all
25 funds provided through this Contract shall be expended on eligible project activities
26 prior to December 31, 1991. Invoices for all approved project costs funded by the Block
27 Grant under this Contract shall be submitted within 180 days after the above date. The
28 date for project completion and expenditure of all funds may be extended at the
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Contract No. C40941
1 discretion of the DIRECTOR, on a year -by -year basis up to a maximum period of five (5)
- 2 total years, through written notification to the CITY. In the event of such an
3 extension, the deadline for submittal of invoices shall be 180 days after the new
4 completion date. After Contract expiration, all unexpended funds remaining from 4.
5 this Contract may be allocated by the COUNTY to another eligible project(s) within the
6 Urban County CDBG Program.
7 4. CITY agrees:
8 a. Any proposed amendment to this Contract shall be submitted to and
9 approved by the COUNTY, prior to commencement by CITY of any activity covered by said
. 10 amendment.
11 b. To submit any and all third -party contracts proposed for funding through
12 this Contract to DIRECTOR for review and approval prior to award of such contracts by
13 CITY.
14 c. To comply with CDBG Program Regulations, as may be periodically revised
15 by HUD, Office of Management and Budget, or other Federal agencies, and including laws
16 and policies applicable to the CDBG Program.
17 d. That the project shall be implemented and appropriately maintained for
18 Community Development purposes as defined by applicable HUD provisions to ensure maximum
19 feasible benefit and utilization of the project by low- and moderate - income persons.
20 e. To maintain accounting records, official files, and other evidence
21 pertaining to costs incurred as required by all applicable HUD regulations, and all of
22
these shall be accessible for the purposes of monitoring, audit, reporting or review by
23 duly authorized representatives of COUNTY or HUD. These records shall be kept available
24 at CITY's office during the project's contract period and thereafter for three (3) years
25, from the date of final CITY receipt of HUD CDBG funds through this Contract.
26 f. That DIRECTOR shall periodically evaluate the CITY's progress in
27 complying with the terms of this Contract. CITY shall cooperate fully during such
28 monitoring. DIRECTOR shall report the findings of each monitoring to the CITY and
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• 111, Contract No. C40941
1 Orange County Board of Supervisors. If it is determined by the Board of Supervisors
2 that CITY performance or progress on performance is unsatisfactory, the Board of
3 Supervisors may withhold further funding on the project pending resolution of the
4 unsatisfactory condition(s), or may terminate this Contract. In addition, the Board of
5 Supervisors may require the CITY to reimburse COUNTY any funds that it determines to be
6 improperly expended or not expended on the project in a timely manner based on
7 applicable CDBG Program Regulations.
8 g. That if it is determined by HUD that funds were not expended in
9 compliance with the applicable Federal laws and regulations, CITY will refund to COUNTY
10 within ninety 90 days thereafter such sums as were determined by HUD to have been
11 improperly expended.
12 h. When the project is completed, all unexpended funds remaining will be
13 returned to the COUNTY as soon as practicable, but in any event, within 180 days
14 thereafter. DIRECTOR may then reallocate returned funds to another Urban County
15 project(s) previously approved by the Board of Supervisors. Returned funds as such, may
16 be allocated by the DIRECTOR up to the lesser amount of ten percent (10 %) of total
17 Contract funds provided herein Section 5.a. or Ten Thousand Dollars ($10,000.00).
18 i. Should the COUNTY receive returned funds from other Urban County
19 projects, funding for this Contract, upon proof of anticipated cost overruns, may be
20 increased at the discretion and upon written authorization of the DIRECTOR up to the
21 lesser amount of ten percent (10 %) of total Contract funds provided herein Section 5.a.
22 or Ten Thousand Dollars ($10,000.00).
23 j. To assume responsibility for compliance with the California
24
Environmental Quality Act (CEQA) and to provide COUNTY with necessary information to
25
comply with the National Environmental. Policy Act (NEPA) prior to commencing project
26 implementation. This may include, when applicable, CITY preparation of NEPA
27 documentation in coordination with EMA staff.
28 k. To be responsible for design and inspection, including funding the costs
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• • . Contract No. C40941
r elated to those activities, unless funding for design and inspection 4 ection activities is 9 P
2 provided for in Section 5.a. of this Contract.
3 1. To submit the Construction Bid Package for this project to DIRECTOR for
4 review prior to advertising for bids on the construction contract or prior to award of
5
such a contract if an alternative method of award used. CITY shall not advertise for
6 bids until DIRECTOR has approved Construction Bid Package. CITY shall construct project
7 in accordance with the Construction Bid Package which DIRECTOR approved unless prior
8 written approval is received from DIRECTOR for modification therefrom.
9 5. Project Funding:
10 a. Project will be financed under this Contract as follows:
11 Total CDBG Funds $10,000.00 (Ten Thousand Dollars and
12 no /100).
13 b. COUNTY shall not be responsible for any costs which exceed the approved
14 CDBG funding amount as referenced in Section 5.a. unless otherwise provided in advance
15 as referenced in Section 4.i.
16 c. Payment by the COUNTY to the CITY shall be on a reimbursable basis -
i
17 unless CITY has been authorized and issued cash advances at the discretion of the
18 DIRECTOR under this Contract.
19 d. Cash advances requested by the CITY under this Contract may be made by
20 the DIRECTOR to the CITY if the following conditions are met:
21 (1) The CITY has demonstrated to DIRECTOR through certification in a
22 form prescribed by DIRECTOR and subsequently through performance, its willingness and
23 capacity to establish CITY financial procedures that will minimize the time elapsing
24 between the receipt of funds and proper disbursement of such funds.
25 (2) The CITY certifies to DIRECTOR, that the CITY's financial
26 management system meets the standards for fund control and accountability prescribed in
27 Office of Management and Budget Circular No. A -102, as periodically amended.
281 (3) The CITY complies with the cash advance procedures required by
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Contract No. C40941
1 financial procedures of EMA. These procedures require that upon written receipt of
2 funds from the COUNTY, the. CITY shall disburse payment(s) to vendor(s) within five (5)
3 working days and submit evidence of such disbursement(s) (i.e., warrant copies, etc.) to
4 the DIRECTOR.
5 If the CITY is subsequently found, by DIRECTOR, to be in noncompliance
6 with Section 5.d.(1) through Section 5.d.(3), CITY shall be paid on a
7 reimbursable basis.
8 e. Reimbursable basis payments, as referred to in Section 5.c. and /or cash
9 advances described in Section 5.d. shall be made in accordance with EMA financial
10 procedures. In the event of conflict between EMA financial procedures and any
11 applicable statutes, rules or regulations of HUD, including Office of Management and
12 Budget Circular No. A -102, the latter shall prevail.
13 6. CITY must inform the DIRECTOR (through periodic reports requested by EMA
14 staff) of any income generated by the expenditure of CDBG funds received by the CITY;
15 and that per applicable Federal requirements, certain program income must be paid to the
16 COUNTY (e.g., interest earned on CDBG cash advances); and /or, the CITY may retain such
17 program income only if that program income is used exclusively for eligible activities,
18 at the discretion of the DIRECTOR, and in accordance with all CDBG requirements as may
19 then apply.
20 a. CITY shall keep and maintain appropriate records on the use of any such
21 program income as may be required by EMA staff since the COUNTY has the responsibility
22 of monitoring and reporting program income to HUD.
23 b. In the event of CITY close -out or change in status of the participating
24 CITY in the Urban County CDBG Program, any program income at that time or received
25 subsequent to the close -out or change in status shall be paid by CITY to the COUNTY
26 within 90 days thereafter.
27 7. Any proposed modification or change in use of real property acquired or
28 improved in whole or in part by CDBG funds from that planned at the time of the
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Contract No. C40941
1 acquisition or improvement, including disposition, must be reported by CITY to the
2 COUNTY and receive COUNTY concurrence thereto in advance of implementing the
3 modification or change in use.
4 a. Should the disposition, sale or transfer of such real property acquired
5 or improved in whole or in part using CDBG funds result in a use which does not qualify
6 under CDBG Regulations, the COUNTY shall be reimbursed by CITY in an amount equal to the
7 current fair market value (less any portion thereof attributable to expenditures of non-
8 CDBG funds) .
9 b. Any program income generated from the disposition, transfer or sale of
10 such property prior to or subsequent to the CITY close -out or change in status of the
11 CITY in the Urban County CDBG Program may be either used by CITY for other specific
12 eligible activities in the CITY or paid to the COUNTY for other eligible Urban County
13 activities, as determined in advance of the expenditure at the discretion of the COUNTY.
14 8. CITY shall obtain an annual audit performed in accordance with OMB Circular
15 Al28 and forward a copy to DIRECTOR. DIRECTOR shall have the right to ensure that
16 necessary corrective actions are made by the CITY for any audit findings pertinent to
17 CITY handling of funding attributable to the CDBG Program per Federal requirements.
18
9. Neither COUNTY nor any officer nor employee thereof shall be responsible for
19 any damage or liability occurring by reason of any action or omission of CITY or its
20
agents, associates, contractors, subcontractors, materialmen, laborers, or any other
21 persons, firms, or corporations furnishing or supplying work service, materials, or
22 supplies in connection with CITY's performance of this Contract and from any and all
23 claims and losses accruing or resulting to any persons, firm or corporation for personal
24 injuries or property damage resulting from or as a consequence of, CITY's performance of
25 this Contract under or in connection with any work, authority or jurisdiction delegated
26 to CITY under this Contract. It is also understood and agreed that, pursuant to
27 California Government Code Section 895.4, CITY shall fully indemnify, defend and hold
28 COUNTY harmless from any liability imposed for injury (as defined by California
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•
• • Contract No. C40941
. I
1 Government Code Section 810.8) occurring by reason of any action or omission of CITY
2 under or in connection with any work, authority or jurisdiction delegated to CITY under
3 this Contract. CITY shall act in an independent capacity and not as officers, employees
4 or agents of COUNTY.
5 10. Neither CITY nor any officer nor employee thereof shall be responsible for
6 any damage or liability occurring by reason of any action or omission of COUNTY, its
7 agents, associates, contractors, subcontractors, materialmen, laborers, or any other
8 persons, firms, or corporations furnishing or supplying work, service, materials, or
9 supplies in connection with COUNTY'S performance of this Contract and from any and all
10 claims and losses accruing or resulting to any persons, firm or corporation for personal
11 injuries or property damage resulting from or as a consequence of COUNTY's performance
12 of this Contract under or in connection with any work, authority or jurisdiction
13 delegated to COUNTY under this Contract. It is also understood and agreed that,
14 pursuant to California Government Code Section 895.4, COUNTY shall fully indemnify,
15 defend and hold CITY harmless from any liability imposed for injury (as defined by
16 California Government Code Section 810.8) occurring by reason of any action or omission
17 of COUNTY under or in connection with any work, authority or jurisdiction delegated to
18 COUNTY under this Contract. COUNTY shall act in an independent capacity and not as
19. officers, employees or agents of CITY.
20 11. Where contract funds are withheld, and at the request and expense of CITY,
21 COUNTY will accept securities equivalent to the amount withheld. Such substituted
22 security, meeting the requirements of Government Code Section 4590, shall be deposited
23 with COUNTY, or with a State or Federally . chartered bank as escrow agent. If security
24 is deposited with an escrow agent, it shall be covered by an escrow agreement.
25 12. In the event of CITY's failure to comply with the provisions of this
26 Contract, COUNTY may withhold or require CITY reimbursement of funds, and /or terminate
27 this Contract, and /or allocate funds previously assigned to this Contract to another
28 eligible project(s) within the Urban County.
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• • Contract No. C40941
1 IN WITNESS WHEREOF, CITY has caused this Contract to be executed by its Mayor
2 and attested by its Clerk; COUNTY has caused this Contract to be executed by the
3 Director of EMA/Housing and Redevelopment, all having been duly authorized by the City
4 Council of CITY and the Orange County Board of Supervisors.
5
CITY OF SEAL BEACH
6
7 Dated:
• (0 / By
`. �4 "�, � i
/ 8 / Mayor
A ' :
9
10 . �� OAF
d or City Clerk
11
COUNTY OF ORANGE, a political subdivision of
12 the State of California
13 / /'
Dated: z1 (3/4i By
14 D' _ f •!�'�_�"M •using and Redevelopment
15
16
/////////////////////////////////////////////////////// / / / / / / / / / / / / / / / / / / / / / / / / / / / / ///
17 APPROVED AS TO FORM:
ADRIAN KUYPER, COUNTY COUNSEL
18 ORANGE COUNTY, CALIFORNIA
19
By /
20
21 APPROVED , TO FINANCIAL PROVISIONS: H/CD
22 ��% r (
BY ` �f: C.R.
23 Fin.P'c , .1 S- rvices
Acctg.
24 Utr
APPROVED AS TO ACCOUNTING PROVISIONS: Env.
25
By /1- } . - S.C. V
26 EMA- ounting Services ,J
27
RMD:bjgAWP25- 2(C40941)
28 11/28/90
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• • Exht "A" to COUNTY/CITY Contract
SPECIAL PROVISIONS
1 A. Section 3 - Compliance with the Provision of Training Employment and
2 Business Opportunity
3 The CITY shall cause or require to be inserted in full in all contracts and
4 subcontracts for work financed in whole or part with federal financial assistance
5 provided under this Contract, the Section 3 clause set forth in 24 CFR 135.20 (b) . The
6 CITY will provide such copies of 24 CFR Part 135, as may be necessary for the
7 information of parties to contracts required to contain the said Section 3 clause.
8 Section 3 requires that to the greatest extent feasible, opportunities for
9 training and employment be made available to lower income residents within the unit of
10 local government or metropolitan area (or non-metropolitan county) , in which the project
11 is located. In addition, to the greatest extent feasible, contracts for work in
12 connection with the project shall be awarded to business concerns which are located in,
13 or in substantial part owned by, persons residing in the same unit of local government
14 or metropolitan area (or non-metropolitan county) , in which the project is located.
15 The parties to this contract will comply with the provisions of said
16 Section 3, and the regulations issued pursuant thereto by the Secretary of Housing and
17 Urban Development set forth in 24 CFR 135, and all applicable rules and orders of the
18 Department issued thereunder prior to the execution of this contract. The CONTRACTOR
19 shall take appropriate action pursuant to the subcontract upon a finding that the
20 subcontractor is in violation of regulations issued by the Secretary of Housing and
21 Urban Development, 24 CFR 135. The CONTRACTOR will not subcontract with any
22 subcontractor where it has notice or knowledge that the latter has been found in
23 violation of regulations under 24 CFR 135. The parties to this contract certify and
24 agree that they are under no contractual or other disability which would prevent them
25 from complying with these requirements. (Source: Title 24 CFR 135 revised
?6
April 1, 1984.)
27 B. Equal Employment mp yment Opportunity
In carrying g out the program, the CITY shall not discriminate against any
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• Exhi "A' to COUNTY/CITY Contract
1 termination; rates of pay or other forms of compensation and selection for training,
2 including apprenticeship. The contractor agrees to post in conspicuous places,
3 available to employees and applicants for employment, notices to be provided by the CITY
4 setting forth the provisions of this nondiscrimination clause.
5 2. The contractor will, in all solicitations or advertisements for
6 employees placed by or on behalf of the contractor state that all qualified applicants
7 will receive consideration for employment without regard to race, color, religion, sex
8 or national origin.
9 3. The contractor will send to each labor union or representative of
10 workers with which he has a collective bargaining agreement or other contract or
11 understanding, a notice advising the said labor union or worker's representatives
12 of the contractor's commitment under Section 202 of Executive Order 11246 of
13 September 24, 1965, and shall post copies of the notice on conspicuous places available
14 to employees and applicants for employment.
15 4. The contractor will comply with all provisions of Executive Order 11246
16 of September 24, 1965 and of the rules, regulations and relevant orders of the Secretary-
17 of Labor.
18 5. The contractor will furnish all information and reports required by
19 Executive Order 11246 of September 24, 1965 and by the rules, regulations and order of
20 the Secretary of Labor or pursuant thereto and will permit access to his books, records
21 and accounts by the Department and the Secretary of Labor for
y p y purposes of investigation
22
to ascertain compliance with such rules, regulations and orders.
23 6. In the event of the contractor's noncompliance with the
nondiscrimination clauses of this contract or with any of such rules, regulations or
25 orders, this contract may be canceled, terminated or suspended in whole or in part and
,6 the contractor may be declared ineligible for further Government contracts or federally
27 assisted construction contract in accordance with procedures authorized in Executive
Order 11246 of September 24, 1965, or by rules, regulations or order of the Secretary of
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Exhibit "A" to COUNTY/CITY Contract
1 contracts and federally assisted construction contracts pursuant to the executive order
2 and will carry out such sanctions and penalties for violation of equal opportunity
3 clause as may be imposed upon contractors and subcontractors by HUD or the Secretary of
4 Labor pursuant to Part II, Subpart B of the Executive Order. In addition, the CITY
5 agrees that if it fails or refuses to comply with these undertakings, the COUNTY may
6 take any or all of the following actions: Cancel, terminate or suspend in whole or in
7 part the grant or loan guarantee; refrain from extending any further assistance to the
8 CITY under the program with respect to which the failure or refusal occurred until
9 satisfactory assurance of future compliance has been received from such CONTRACTOR.
10 (Source: H/CD Funding Agreement $4 and Executive Order 11246, Part II, Subpart B,
11 Section 202, Title 24 CFR 130, revised April 1, 1984.)
12 C. Federal Labor Standards
1.3
Except with respect pact to the rehabilitation of residential property designed
14 for residential use for less than eight families, the CITY and all contractors engaged
15 under contracts in excess of $2,000.00 (Two Thousand Dollars and no/100) for the
16 construction, prosecution, completion or repair of any building or work financed in
17 whole or in part with assistance provided under this contract, shall comply with HUD
18 requirements pertaining to such contracts and the applicable requirements of the
19 regulations of the Department of Labor under 29 CFR Parts 3 (Copeland Act) , 5, and 5a
20 (Davis-Bacon Act) , governing the payment of wages and the ratio of apprentices and
21 trainees to journeyman: Provided, that if wage rates higher than those required under
22 such regulations are imposed by state of local law, nothing hereunder is intended to
23 relieve the CITY of its obligation, if any, to require payment of the higher rates. The
24 CITY shall cause or require to be inserted in full, in all such contracts subject to
25 such regulations, provisions meeting the requirements of 29 CFR 5.5 and for such
26 contracts in excess of $10,000, 29 CFR 5. The "Federal Labor Standards Provisions"
27 (HUD 4010) are made part of this contract.
28 No award of the contracts covered under this section of the contract shall
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• Exhi "A" to COUNTY/CITY Contract
•
1 the regulations issued pursuant thereto (24 CFR Part 570.602) , which provides that no
2 person in the United States shall on the grounds of race, color, national origin, or
3 sex, be excluded from participation in, be denied the benefits of, or be subjected to
4 discrimination under, any program or activity funded in whole or in part with funds
5 provided under this Part.
6 4. Executive Order 11063 on equal opportunity in housing and
7 nondiscrimination in the sale or rental of housing built with Federal assistance.
8 (Source: Title 24 CFR Part 570.601, revised April 1, 1984)
9 E. Accessibility/Usability of Facilities and Buildings for Physically
10 Handicapped
11 The CITY in any activity directly or indirectly financed under this contract
12 shall require every building or facility (other than a privately owned residential
13 structure) designed, constructed, or altered with funds provided under this Part to
14 comply with the "American Standard Specifications for Making Buildings and Facilities
15 Accessible to, and Usable by, the Physically Handicapped," Number A-117.1-R 1971,
16 subject to the exceptions contained in 41 CFR 101-19.604. The CITY will be responsible
17 for conducting inspections to insure compliance with these specifications by any
18 contractor or subcontractor. (Source: 24 CFR Part 570.202(K) , revised April 1, 1984)
19 F. Relocation
20 1. The CITY in any activity directly or indirectly financed under this
21 contract shall:
22 a. To the greatest extent practicable under State law, comply with
23 Sections 301 and 302 of Title III (Uniform Real Property Acquisition Policy) of the
24 Uniform Relocation Assistance and Real Property Acquisition policies Act of 1970 and
25 will comply with Sections 303 and 304 of Title III, and HUD implementing instructions at
16 24 CFR Part 42; and
27 b. Inform affected persons of their rights and of the acquisition
28 policies and procedures set forth in the regulations in 24 CFR Part 42 and 570.606
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Exhifif "A" to COUNTY/CITY Contract
1 Funding Agreement #5 and 24 CFR Part 35 and 570.608 revised April 1, 1984)
2 H. Flood Disaster
3 This Contract is subject to the requirements of the Flood Disaster
4 Protection Act of 1973 (P.L. 93-234) . No portion of the assistance provided under this
5 Contract is approved for acquisition or construction purposes as defined under
6 Section 3(a) of said Act, for use in an area identified by the Secretary as having
7 special flood hazards, which is located in a community 'not then in compliance with the
8 requirements for participation in the national flood insurance program pursuant to
9 Section 201(d) of Said Act; and the use of any assistance provided under this Contract
10 for such acquisition or construction in such identified areas in communities then
11 participating in the national flood insurance program shall be subject to the mandatory
12 purchase of flood insurance requirements of Section 102(a) of said Act.
13 Any Contract or Agreement for the sale, lease or other transfer of land
14 acquired, cleared, or improved with assistance provided under this Contract shall
15 contain, if such land is located in an area identified by the Secretary as having
16 special flood hazards and in which the sale of flood insurance has been made available
17 under the National Flood Insurance Act of 1968, as amended, 42 D.S.C. 4001 et seq. ,
18 provisions obligating the transferree and its successors or assignees to obtain and
19 maintain, during the ownership of such land, such flood insurance as required with
20 respect to financial assistance for acquisition or construction purposes under
21 Section 102(a) of the Flood Disaster Protection Act of 1973. Such provisions shall be
22 required notwithstanding the fact that the construction on such land is not itself
23 funded with assistance provided under this Contract. (Source: H/CD Funding Agree-
ment #3)
25 The CITY shall comply with the provisions of Executive Order 11296, relating
26 to evaluation of flood hazards and Executive Order 11288 relating to the prevention,
27 control, and abatement of water pollution. (Source: Title 24 CFR 570.605 revised
April 1, 1984)
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• Exhilil "A" to COUNTY/CITY Contract
1 violating Facilities.
2 4. An Agreement by the contractor that he will include or cause to be
3 included the criteria and requirements in paragraph (1) through (4) of this section in
4 every non-exempt subcontract and requiring that the contractor will take such action as
5 the Government may 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 with respect to a facility which has given rise to a conviction
8 under Section 113(c) (1) of the Clean Air Act of Section 309(c) of the Federal Water
9 Pollution Control Act. (Source: H/CD Funding Agreement #6)
10 J. Management Compliance
11 The CITY in any activity directly or indirectly financed under this contract
12 shall comply with regulations, policies, guidelines and requirements of OMB Circular No.
13 A-102, Revised, and Federal Management Circular 74-4: Cost principles applicable to
14 grants and contract with State and local governments, and Federal Management Circular
15 74-7: Uniform Administrative Requirements for grant-in-aid to State and local
16 governments as they relate to the application, administration, acceptance and use of
17 Federal funds under this Part. (Source: Title 24 CFR Part 570.200 (4) revised April 1,
18 1984)
19 R. Obligations of Contractor with Respect to Certain Third Party Relationships
20 The CITY shall remain fully under the
y obli ated g provisions of this contract
21 notwithstanding its designation of any third
g g y party or parties 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 comply with all lawful
requirements of the CITY necessary to insure that the program with respect to which
25 assistance is being provided under this contract to the CITY is carried out in
16
accordance with the CITY's assurances and certifications, including those with respect
27 to the assumption of environmental responsibilities of the CITY under Section 104(h) of
the Housing and Community Development Act of 1974. (Source: H/CD Funding Agreement #9)
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Exhie "A" to COUNTY/CITY Contract )
1 P. Definitions
2 Throughout these Special Provisions the meaning of words shall be that
3 meaning given by the act, regulation, Executive Order, Federal Management Circular,
4 agreement, or rule cited herein as the source for the section in which the word appears.
5 (Source: Orange County Counsel)
6 Q. Note
7 Federal Management Circular 74-7 has been replaced with Office of Management
8 and Budget (OMB) A-102.
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EXHIBIT. B
CONTRACT NO.C40941
Public Services: Rehabilitation Mary Wilson Senior Center
\ I
>p� y City of Seal Beach t
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Housing/Community Development \ ENVIRONMENTAL MANAGEMENT AGENCY / N
Contract No. C40940
COUNTY OF ORANGE
ENVIRONMENTAL MANAGEMENT AGENCY
HOUSING AND COMMUNITY DEVELOPMENT CONTRACT
1 TITLE OF PROJECT: City of Seal Beach: Public Services - Community Center
Rehabilitation (P13.20) Year XVI
2 MEMORANDUM OF CONTRACT entered into this / s day of
3 19c (.
4 BY AND BETWEEN
5 CITY OF. SEAL BEACH, a municipal corporation,
hereinafter referred to as CITY,
6
and
7
COUNTY OF ORANGE, a political subdivision of the
8 State of California and recognized Urban County
under the Federal Housing and Community
9 Development Act of 1974 (public Law 93-383) , as
amended, hereinafter referred to as COUNTY.
10
11 WHEREAS, COUNTY and CITY previously entered into a Cooperation Agreement
12 dated September 5, 1990, in which both parties agreed to cooperate in the undertaking,
13 or assist in the undertaking, of community development and housing assistance
14 activities, and
15 WHEREAS, the CITY has submitted to the COUNTY an application for funding
16 of a project hereinafter described, and
17 WHEREAS, the COUNTY adopted the FINAL STATEMENT OF OBJECTIVES AND PROJECTED USE
18 OF FUNDS on May 16, 1990 (Resolution No. 90-679) which sets forth the project described
19 herein, and
20 WHEREAS, the U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT has accepted and
21 certified the aforementioned FINAL STATEMENT, and
22 WHEREAS, the COUNTY has entered into a separate agreement dated
23 August 7, 1990 with the U.S. Department of Housing and Urban Development (hereinafter
24 referred to as HUD) to fund said project under the Housing and Community Development Act
25 of 1974 (Public Law 93-383) , as amended.
26 NOW, THEREFORE, IT IS AGREED by and between the parties that the following
27 provisions as well as all applicable Federal, State and County laws and regulations
including the attached SPECIAL PROVISIONS, identified as EXHIBIT "A" , are part of this
-1-
Contract No. C40940
• •
1 Contract.
2 1. For the PURPOSES OF THIS CONTRACT the following definitions shall
3 apply: .
4 a. Project Manager: The party responsible for, but whose responsibility is
5 not limited to the following: Contracting, monitoring and implementing the project
6 through completion.
7 b. Director: The Director of the Orange County Environmental Management
8 Agency (hereinafter referred to as EMA) or his designee.
9 c. Reimbursable Basis: The CITY will provide the funds for the project and
10 submit proof of payment to the COUNTY, whereby upon approval, the COUNTY will forward
11 Community Development Block Grant (hereinafter referred to as CDBG) funds to repay the
12 CITY.
13 d. Construction Bid Package: A package of bidding documents which includes
14 proposal, bidding instructions, contract documents, detailed estimated costs and plans
15 and specifications for a construction project, all prepared in accordance with
16 applicable Federal regulations.
17 2. It is understood that the CITY will act as PROJECT MANAGER for the project
18 described as: City of Seal Beach: Public Services - Community Center Rehabilitation
19 (P13.20) Year XVI. The City of Seal Beach will utilize CDBG funds for North Seal Beach
20 Community Center Rehabilitation for the provision of handicapped accessible entrances
21 and restrooms and retiling of the floor. Project will benefit the City of Seal Beach
22 and surrounding communities (see attached map, EXHIBIT "B" , which is part of this
23 Contract) .
24
3. It is agreed by all parties that the project shall be completed and all
25 funds provided through this Contract shall be expended on eligible project activities
26 prior to December 31, 1991. Invoices for all approved project costs funded by the Block ;
27 Grant under this Contract shall be submitted within 180 days after the above date. The
28 date for project completion and expenditure of all funds may be extended at the
-2-
Contract No. C40940
•
1 discretion of the DIRECTOR, on a year-by-year basis up to a maximum period of five (5)
2 total years, through written notification to the CITY. In the event of such an
3 extension, the deadline for submittal of invoices shall be 180 days after the new
4 completion date. After Contract expiration, all unexpended funds remaining from
5 this Contract may be allocated by the COUNTY to another eligible project (s) within the
6 Urban County CDBG Program.
7 4. CITY agrees:
8 a. Any proposed amendment to this Contract shall be submitted to and
9 approved by the COUNTY, prior to commencement by CITY of any activity covered by said
10 amendment.
11 b. To submit any and all third-party contracts proposed for funding through
12 this Contract to DIRECTOR for review and approval prior to award of such contracts by
13 CITY.
14 c. To comply with CDBG Program Regulations, as may be periodically revised
15 by BUD, Office of Management and Budget, or other Federal agencies, and including laws
16 and policies applicable to the CDBG Program.
17 d. That the project shall be implemented and appropriately maintained for
18 Community Development purposes as defined by applicable HUD provisions to ensure maximum
19 feasible benefit and utilization of the project by low- and moderate-income persons.
20 e. To maintain accounting records, official files, and other evidence
21 pertaining to costs incurred as required by all applicable BUD regulations, and all of
22 these shall be accessible for the purposes of monitoring, audit, reporting or review by
23 duly authorized representatives of COUNTY or HUD. These records shall be kept available
24 at CITY's office during the project's contract period and thereafter for three (3) years
25 from the date of final CITY receipt of HUD CDBG funds through this Contract.
26 f. That DIRECTOR shall periodically evaluate the CITY'S progress in
27 complying with the terms of this Contract. CITY shall cooperate fully during such
28 monitoring. DIRECTOR shall report the findings of each monitoring to the CITY and
-3-
Contract No. C40940
1 Orange County Board of Supervisors. If it is determined by the Board of Supervisors
2 that CITY performance or progress on performance is unsatisfactory, the Board of
3 Supervisors may withhold further funding on the project pending resolution of the
4 unsatisfactory condition(s) , or may terminate this Contract. In addition, the Board of
5 Supervisors may require the CITY to reimburse COUNTY any funds that it determines to be
6 improperly expended or not expended on the project in a timely manner based on
7 applicable CDBG Program Regulations .
8 g. That if it is determined by BUD that funds were not expended in
9 compliance with the applicable Federal laws and regulations, CITY will refund to COUNTY
10 within ninety 90 days thereafter such sums as were determined by HUD to have been
11 improperly expended.
12 h. When the project is completed, all unexpended funds remaining will be
13 returned to the COUNTY as soon as practicable, but in any event, within 180 days
14 thereafter . DIRECTOR may then reallocate returned funds to another Urban County
15 project (s) previously approved by the Board of Supervisors. Returned funds as such, may
16 be allocated by the DIRECTOR up to the lesser amount of ten percent (10%) of total
17 Contract funds provided herein Section 5.a. or Ten Thousand Dollars ($10,000.00) .
18 i. Should the COUNTY receive returned funds from other Urban County
19 projects, funding for this Contract, upon proof of anticipated cost overruns, may be
20 increased at the discretion and upon written authorization of the DIRECTOR up to the
21 lesser amount of ten percent (10%) of total Contract funds provided herein Section 5.a.
22 or Ten Thousand Dollars ($10,000.00) .
23 j . To assume responsibility for compliance with the California
24 Environmental Quality Act (CEQA) and to provide COUNTY with necessary information to
25 comply with the National Environmental Policy Act (NEPA) prior to commencing project
26 implementation. This may include, when applicable, CITY preparation of NEPA
27 documentation in coordination with EMA staff .
28 k. To be responsible for design and inspection, including funding the costs
-4-
• • Contract No. C40940
1 related to those activities, unless funding for design and inspection activities is
2 provided for in Section 5.a. of this Contract.
3 1. To submit the Construction Bid package for this project to DIRECTOR for
4 review prior to advertising for bids on the construction contract or prior to award of
5 such a contract if an alternative method of award is used. CITY shall not advertise for
6 bids until DIRECTOR has approved Construction Bid Package. CITY shall construct project
7 in accordance with the Construction Bid package which DIRECTOR approved unless prior
8 written approval is received from DIRECTOR for modification therefrom.
9 5. Project Funding:
10 a. Project will be financed under this Contract as follows:
11 Total CDBG Funds $10,000.00 (Ten Thousand Dollars and
12 no/100) .
13 b. COUNTY shall not be responsible for any costs which exceed the approved
14 CDBG funding amount as referenced in Section 5.a. unless otherwise provided in advance
15 as referenced in Section 4.i .
16 c. Payment by the COUNTY to the CITY shall be on a reimbursable basis
Ym Y
17 unless CITY has been authorized and issued cash advances at the discretion of the
18 DIRECTOR under this Contract.
19 d. Cash advances requested by the CITY under this Contract may be made by
20 the DIRECTOR to the CITY if the following conditions are met:
21 (1) The CITY has demonstrated to DIRECTOR through certification in a
22 form prescribed by DIRECTOR and subsequently through performance, its willingness and
23 capacity to establish CITY financial procedures that will minimize the time elapsing
24 between the receipt of funds and proper disbursement of such funds.
25 (2) The CITY certifies to DIRECTOR, that the CITY' s financial
26 management system meets the standards for fund control and accountability prescribed in
27 Office of Management and Budget Circular No. A-102, as periodically amended.
28 (3) The CITY complies with the cash advance procedures required by
-5-
Contract No. C40940
1 financial procedures of EMA. These procedures require that upon written receipt of
2 funds from the COUNTY, the CITY shall disburse payment (s) to vendor (s) within five (5)
3 working days and submit evidence of such disbursement (s) (i .e. , warrant copies, etc.) to
4 the DIRECTOR.
5 If the CITY is subsequently found, by DIRECTOR, to be in noncompliance
6 with Section 5.d. (1) through Section 5.d. (3) , CITY shall be paid on a
7 reimbursable basis.
8 e. Reimbursable basis payments, as referred to in Section 5.c. and/or cash
9 advances described in Section 5.d. shall be made in accordance with EMA financial
10 procedures. In the event of conflict between EMA financial procedures and any
11 applicable statutes , rules or regulations of HUD, including Office of Management and
12 Budget Circular No. A-102, the latter shall prevail.
13 6. CITY must inform the DIRECTOR (through periodic reports requested by EMA
14 staff) of any income generated by the expenditure of CDBG funds received by the CITY;
15 and that per applicable Federal requirements, certain program income must be paid to the
16 COUNTY (e.g., interest earned on CDBG cash advances) ; and/or, the CITY may retain such
17 program income only if that program income is used exclusively for eligible activities,
18 at the discretion of the DIRECTOR, and in accordance with all CDBG requirements as may
19 then apply.
20 a. CITY shall keep and maintain appropriate records on the use of any such
21 program income as may be required by EMA staff since the COUNTY has the responsibility
22
of monitoring and reporting program income to HUD.
23 b. In the event of CITY close-out or change in status of the participating
24 CITY in the Urban County CDBG Program, any program income at that time or received
25 subsequent to the close-out or change in status shall be paid by CITY to the COUNTY
26 within 90 days thereafter .
27 7. Any proposed modification or change in use of real property acquired or
28 ,
i improved in whole or in part by CDBG funds from that planned at the time of the
-6-
Contract No. C40940
110 41/
1 acquisition or improvement, including disposition, must be reported by CITY to the
2 COUNTY and receive COUNTY concurrence thereto in advance of implementing the
3 modification or change in use.
4 a. Should the disposition, sale or transfer of such real property acquired
5 or improved in whole or in part using CDBG funds result in a use which does not qualify
6 under CDBG Regulations, the COUNTY shall be reimbursed by CITY in an amount equal to the
7 current fair market value (less any portion thereof attributable to expenditures of non-
8 CDBG funds) .
9 b. Any program income generated from the disposition, transfer or sale of
10 such property prior to or subsequent to the CITY close-out or change in status of the
11 CITY in the Urban County CDBG Program may be either used by CITY for other specific
12 eligible activities in the CITY or paid to the COUNTY for other eligible Urban County
13 activities, as determined in advance of the expenditure at the discretion of the COUNTY.
14 8. CITY shall obtain an annual audit performed in accordance with OMB Circular
15 A128 and forward a copy to DIRECTOR. DIRECTOR shall have the right to ensure that
16 necessary corrective actions are made by the CITY for any audit findings pertinent to
17 CITY handling of funding attributable to the CDBG Program per Federal requirements.
18 9. Neither COUNTY nor any officer nor employee thereof shall be responsible for
19 any damage or liability occurring by reason of any action or omission of CITY or its
20 agents, associates, contractors, subcontractors, materialmen, laborers, or any other
21 persons, firms, or corporations furnishing or supplying work service, materials, or
22 supplies in connection with CITY'S performance of this Contract and from any and all
23 claims and losses accruing or resulting to any persons, firm or corporation for personal
24 injuries or property damage resulting from or as a consequence of, CITY's performance of
25 this Contract under or in connection with any work, authority or jurisdiction delegated
26 to CITY under this Contract. It is also understood and agreed that, pursuant to
27 California Government Code Section 895.4, CITY shall fully indemnify, defend and hold
28 COUNTY harmless from any liability imposed for injury (as defined by California
-7-
• Contract No. C40940
1 Government Code Section 810. 8) occurring by reason of any action or omission of CITY
2 under or in connection with any work, authority or jurisdiction delegated to CITY under
3 this Contract. CITY shall act in an independent capacity and not as officers, employees
4 or agents of COUNTY.
5 10. Neither CITY nor any officer nor employee thereof shall be responsible for
6 any damage or liability occurring by reason of any action or omission of COUNTY, its
7 agents, associates, contractors, subcontractors, materialmen, laborers, or any other
8 persons, firms, or corporations furnishing or supplying work, service, materials, or
9 supplies in connection with COUNTY' s performance of this Contract and from any and all
10 claims and losses accruing or resulting to any persons, firm or corporation for personal
11 injuries or property damage resulting from or as a consequence of COUNTY's performance
12 of this Contract under or in connection with any work, authority or jurisdiction
13 delegated to COUNTY under this Contract. It is also understood and agreed that,
14 pursuant to California Government Code Section 895.4, COUNTY shall fully indemnify,
15 defend and hold CITY harmless from any liability imposed for injury (as defined by
16 California Government Code Section 810.8) occurring by reason of any action or omission
17 of COUNTY under or in connection with any work, authority or jurisdiction delegated to
18
COUNTY under this Contract. COUNTY shall act in an independent capacity and not as
19 officers, employees or agents of CITY.
20 11. Where contract funds are withheld, and at the request and expense of CITY,
21 COUNTY will accept securities equivalent to the amount withheld. Such substituted
22 security, meeting the requirements of Government Code Section 4590, shall be deposited
23 with COUNTY, or with a State or Federally chartered bank as escrow agent. If security
24 is deposited with an escrow agent, it shall be covered by an escrow agreement.
25 12. In the event of CITY's failure to comply with the provisions of this
26 Contract, COUNTY may withhold or require CITY reimbursement of funds, and/or terminate
27 this Contract, and/or allocate funds previously assigned to this Contract to another
28 eligible project (s) within the Urban County.
-8-
i
• Contract No. C40940
1 IN WITNESS WHEREOF, CITY has caused this Contract to be executed by its Mayor
2 and attested by its Clerk; COUNTY has caused this Contract to be executed by the
3 Director of EMA/Housing and Redevelopment, all having been duly authorized by the City
4 Council of CITY and the Orange County Board of Supervisors.
5 CITY OF SEAL BEACH
6
7 Dated: �I.i. - -ice / � /A, By i i �,�-
/ / Mayor
8
ATTE
9
10 . .1.6 .
City Clerk
11 COUNTY OF ORANGE, a political subdivision of
12 the State of California
13 Dated: L/ff 1 It By
14 D or �•d'rusing and Redevelopment
15 �
16
//////////////////////////////////////////////////////////////////////////////////////
17 APPROVED AS TO FORM:
ADRIAN RUYPER, COUNTY COUNSEL
18 ORANGE COUNTY, CALIFORNIA
19
By /
20 / , /
21 APPROVED AS TO FINANCIAL PROVISIONS: H/CD
22 BY AA ,i C.R. 111)4A
23 EMA-Fi • . ial Services
24 Acctg.
APPROVED AS TO ACCOUNTING PROVISIONS: Env. Thlk._
25
By S.C. ‘, 0)5}
26 EM47Accounting Services
27
RMD:bjgAWP25-2(C40940)
28 11/28/90
-9-
• Erie "A" to COUNTY/CITY Contract
SPECIAL PROVISIONS
1 A. Section 3 - Compliance with the Provision of Training Employment and
2 Business Opportunity
3 The CITY shall cause or require to be inserted in full in all contracts and
4 subcontracts for work financed in whole or part with federal financial assistance
5 provided under this Contract, the Section 3 clause set forth in 24 CFR 135.20 (b) . The
6 CITY will provide such copies of 24 CFR Part 135, as may be necessary for the
7 information of parties to contracts required to contain the said Section 3 clause.
8 Section 3 requires that to the greatest extent feasible, opportunities for
9 training and employment be made available to lower income residents within the unit of
10 local government or metropolitan area (or non-metropolitan county) , in which the project
11 is located. In addition, to the greatest extent feasible, contracts for work in
12 connection with the project shall be awarded to business concerns which are located in,
13 or in substantial art owned b
p by, persons residing in the same unit of local government
14 or metropolitan area (or non-metropolitan county) , in which the project is located.
15 The parties to this contract will comply with the provisions of said
16 Section 3, and the regulations issued pursuant thereto by the Secretary of Housing and
17 Urban Development set forth in 24 CFR 135, and all applicable rules and orders of the
18 Department issued thereunder prior to the execution of this contract. The CONTRACTOR
19 shall take appropriate action pursuant to the subcontract upon a finding that the
20 subcontractor is in violation of regulations issued by the Secretary of Housing and
21 Urban Development, 24 CFR 135. The CONTRACTOR will not subcontract with any
22 subcontractor where it has notice or knowledge that the latter has been found in
23 violation of regulations under 24 CFR 135. The parties to this contract certify and
24 agree that they are under no contractual or other disability which would prevent them
25 from complying with these requirements. (Source: Title 24 CFR 135 revised
'6 April 1, 1984.)
27 B. Equal Employment Opportunity
In carrying out the program, the CITY shall not discriminate against any
-1-
•
• Exh* "A" to COUNTY/CITY Contract
1 termination; rates of pay or other forms of compensation and selection for training,
2 including apprenticeship. The contractor agrees to post in conspicuous places,
3 available to employees and applicants for employment, notices to be provided by the CITY
4 setting forth the provisions of this nondiscrimination clause.
5 2. The contractor will, in all solicitations or advertisements for
6 employees placed by or on behalf of the contractor state that all qualified applicants
7 will receive consideration for employment without regard to race, color, religion, sex
8 or national origin.
9 3. The contractor will send to each labor union or representative of
10 workers with which he has a collective bargaining agreement or other contract or
11 understanding, a notice advising the said labor union or worker's representatives
12 of the contractor's commitment under Section 202 of Executive Order 11246 of
13
September 24, 1965, and shall post copies of the notice on conspicuous places available
14 to employees and applicants for employment.
15 4. The contractor will comply with all provisions of Executive Order 11246
16 of September 24, 1965 and of the rules, regulations and relevant orders of the Secretary
17 of Labor.
18 5. The contractor will furnish all information and reports required by
19 Executive Order 11246 of September 24, 1965 and by the rules, regulations and order of
20 the Secretary of Labor or pursuant thereto and will permit access to his books, records
21 and accounts by the Department and the Secretary of Labor for
y p y purposes of investigation
to ascertain compliance with such rules, regulations and orders.
23 6. In the event of the contractor's noncompliance with the
nondiscrimination clauses of this contract or with any of such rules, regulations or
25 orders, this contract may be canceled, terminated or suspended in whole or in part and
`s the contractor may be declared ineligible for further Government contracts or federally
27 assisted construction contract in accordance with procedures authorized in Executive
28
Order 11246 of September 24, 1965, or by rules, regulations or order of the Secretary of
-3-
Exhe we to COUNTY/CITY Contract
1 contracts and federally assisted construction contracts pursuant to the executive order
2 and will carry out such sanctions and penalties for violation of equal opportunity
3 clause as may be imposed upon contractors and subcontractors by HUD or the Secretary of
4 Labor pursuant to Part II, Subpart B of the Executive Order. In addition, the CITY
5 agrees that if it fails or refuses to comply with these undertakings, the COUNTY may
6 take any or all of the following actions; Cancel, terminate or suspend in whole or in
7 part the grant or loan guarantee; refrain from extending any further assistance to the
8 CITY under the program with respect to which the failure or refusal occurred until
9 satisfactory assurance of future compliance has been received from such CONTRACTOR.
10 (Source: H/CD Funding Agreement #4 and Executive Order 11246, Part II, Subpart E.
11 Section 202, Title 24 CFR 130, revised April 1, 1984.)
12 C. Federal Labor Standards
13
Except with respect to the rehabilitation of residential property designed
14 for residential use for less than eight families, the CITY and all contractors engaged
15 under contracts in excess of $2,000.00 (Two Thousand Dollars and no/100) for the
16 construction, prosecution, completion or repair of any building or work financed in
17 whole or in part with assistance provided under this contract, shall comply with HUD
18 requirements pertaining to such contracts and the applicable requirements of the
19 regulations of the Department of Labor under 29 CFR Parts 3 (Copeland Act) , 5, and 5a
20 (Davis-Bacon Act) , governing the payment of wages and the ratio of apprentices and
21 trainees to journeyman: Provided, that if wage rates higher than those required under
22 such regulations are imposed by state of local law, nothing hereunder is intended to
23 relieve the CITY of its obligation, if any, to require payment of the higher rates. The
24 CITY shall cause or require to be inserted in full, in all such contracts subject to
25 such regulations, provisions meeting the requirements of 29 CFR 5.5 and for such
'6 contracts in excess of $10,000, 29 CFR 5. The "Federal Labor Standards Provisions"
27 (HUD 4010) are made part of this contract.
28 No award of the contracts covered under this section of the contract shall
-5-
1.
Exhip "A" to COUNTY/CITY Contract
1 the regulations issued pursuant thereto (24 CFR Part 570.602) , which provides that no
2 person in the United States shall on the grounds of race, color, national origin, or
3 sex, be excluded from participation in, be denied the benefits of, or be subjected to
4 discrimination under, any program or activity funded in whole or in part with funds
5 provided under this Part.
6 4. Executive Order 11063 on equal opportunity in housing and
7 nondiscrimination in the sale or rental of housing built with Federal assistance.
8 (Source: Title 24 CFR Part 570.601, revised April 1, 1984)
9 E. Accessibility/Usability of Facilities and Buildings for Physically
10 Handicapped
11 The CITY in any activity directly or indirectly financed under this contract
12 shall require every building or facility (other than a privately owned residential
13 structure) designed, constructed, or altered with funds provided under this part to
14 comply with the "American Standard Specifications for Making Buildings and Facilities
15 Accessible to, and Usable by, the Physically Handicapped,' Number A-117.1-R 1971,
16 subject to the exceptions contained in 41 CFR 101-19.604. The CITY will be responsible "
17 for conducting inspections to insure compliance with these specifications by any
18 contractor or subcontractor. (Source: 24 CFR Part 570.202(K) , revised April 1, 1984)
19 F. Relocation
20 1. The CITY in any activity directly or indirectly financed under this
21 contract shall:
22 a. To the greatest extent practicable under State law, comply with
23 Sections 301 and 302 of Title III (Uniform Real Property Acquisition Policy) of the
24 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and
25 will comply with Sections 303 and 304 of Title III, and HUD implementing instructions at
$ 24 CFR Part 42; and
27 b. Inform affected persons of their rights and of the acquisition
28 policies and procedures set forth in the regulations in 24 CFR Part 42 and 570.606
-7-
Exist ^A" to COUNTY/CITY Contract
1 Funding Agreement $5 and 24 CFR Part 35 and 570.608 revised April 1, 1984)
2 H. Flood Disaster
3 This Contract is subject to the requirements of the Flood Disaster
4 Protection Act of 1973 (P.L. 93-234) . No portion of the assistance provided under this
5 Contract is approved for acquisition or construction purposes as defined under
6 Section 3(a) of said Act, for use in an area identified by the Secretary as having
7 special flood hazards, which is located in a community not then in compliance with the
8 requirements for participation in the national flood insurance program pursuant to
9 Section 201(d) of Said Act; and the use of any assistance provided under this Contract
10 for such acquisition or construction in such identified areas in communities then
11 participating in the national flood insurance program shall be subject to the mandatory
12 purchase of flood insurance requirements of Section 102(a) of said Act.
13 Any Contract or Agreement for the sale, lease or other transfer of land
14 acquired, cleared, or improved with assistance provided under this Contract shall
15 contain, if such land is located in an area identified by the Secretary as having
16 special flood hazards and in which the sale of flood insurance has been made available
17 under the National Flood Insurance Act of 1968, as amended, 42 U.S.C. 4001 et seq. ,
18 provisions obligating the transferree and its successors or assignees to obtain and
19 maintain, during the ownership of such land, such flood insurance as required with
20 respect to financial assistance for acquisition or construction purposes under
21 Section 102(a) of the Flood Disaster Protection Act of 1973. Such provisions shall be
22 required notwithstanding the fact that the construction on such land is not itself
23 funded with assistance provided under this Contract. (Source: H/CD Funding Agree-
24 ment 13)
25 The CITY shall comply with the provisions of Executive Order 11296, relating
'6 to evaluation of flood hazards and Executive Order 11288 relating to the prevention,
27 control, and abatement of water pollution. (Source: Title 24 CFR 570.605 revised
28
April 1, 1984)
-9-
Exh.t "A" to COUNTY/CITY Contract
1 Violating Facilities.
2 4. An Agreement by the contractor that he will include or cause to be
3 included the criteria and requirements in paragraph (1) through (4) of this section in
4 every non-exempt subcontract and requiring that the contractor will take such action as
5 the Government may direct as a means of enforcing such provisions.
6 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 of Section 309(c) of the Federal Water
9 Pollution Control Act. (Source: H/CD Funding Agreement 46)
10 J. Management Compliance
11 The CITY in any activity directly or indirectly financed under this contract
12 shall comply with regulations, policies
guidelines and requirements of OMB Circular No.
13 A-102, Revised, and Federal Management Circular 74-4: Cost principles applicable to
14 grants and contract with State and local governments, and Federal Management Circular
15 74-7: Uniform Administrative Requirements for grant-in-aid to State and local
16 governments as they relate to the application, administration, acceptance and use of
17 Federal funds under this Part. (Source: Title 24 CFR Part 570.200 (4) revised April 1,
18 1984)
19 K. Obligations of Contractor with Respect to Certain Third Party Relationships
20 The CITY shall remain fully obligated under the provisions of this contract
21
notwithstanding its designation of any third
g g y party or parties for the undertaking of any
22 part of the program with respect to which assistance is being provided under this
contract to the CITY. Such third party or parties shall comply with all lawful
requirements 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
'6 accordance with the CITY's assurances and certifications, including those with respect
27 to the assumption of environmental responsibilities of the CITY under Section 104(h) of
the Housing and Community Development Act of 1974. (Source: H/CD Funding Agreement 49)
-11-
Exit. "A" to COUNTY/CITY Contract
1 P. Definitions
2 Throughout these Special Provisions the meaning of words shall be that
3 meaning given by the act, regulation, Executive Order, Federal Management Circular,
4 agreement, or rule cited herein as the source for the section in which the word appears.
5 (Source: Orange County Counsel)
6 Q. Note
7 Federal Management Circular 74-7 has been replaced with Office of Management
8 and Budget (OMB) A-102.
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28
JM:bjgAWP2-5 -13-
06/16/86
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PROJECT SITE
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• 1 1100.01- 1100.12
•
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EXHIBIT B
Public Services: CONTRACT NO. C40940
Rehabilitation of North Seal Beach Community Center
0000
City of Seal Beach
\Housing/Community Development \ ENVIRONMENTAL MANAGEMENT AGENCY _} N
III Contract No. C40940
COUNTY OF ORANGE
ENVIRONMENTAL MANAGEMENT AGENCY
HOUSING AND COMMUNITY DEVELOPMENT CONTRACT
All 1
I
1 TITLE OF PROJECT: ' _ s - Community Center
I (P13.20) Year XVI
2 MEMORANDUM, S th day of F Jr. ,
3 19.5.1. ' /./.4- lft-e-
s
4 BY AND BETE •
I 1
i
5 Or ,4CH, a municipal corporation,
erred to as CITY,
7 and L
3, a political subdivision of the
Si :nia and recognized Urban County
II Housing and Community
9 1 J of 1974 (Public Law 93-383) , as
_ _ __ .
amended, hereinafter referred to as COUNTY.
10 1
I
11 WHEREAS, COUNTY and CITY previously entered into a Cooperation Agreement
12 dated September 5, 1990, in which both parties agreed to cooperate in the undertaking,
41113 or assist in the undertaking , of community development and housing assistance
.4 activities, and
15 WHEREAS, the CITY has submitted to the COUNTY an application for funding
16 of a project hereinafter described, and
17 WHEREAS, the COUNTY adopted the FINAL STATEMENT OF OBJECTIVES AND PROJECTED USE
18i OF FUNDS on May 16, 1990 (Resolution No. 90-679) which sets forth the project described
19 herein, and
20 ' WHEREAS, the U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT has accepted and
21 certified the aforementioned PINAL STATEMENT, and
22 WHEREAS, the COUNTY has entered into a separate agreement dated
23 August 7, 1990 with the U.S. Department of Housing and Urban Development (hereinafter
24 referred to as HUD) to fund said project under the Housing and Community Development Act
25 of 1974 (Public Law 93-383) , as amended.
•26I NOW, THEREFORE, IT IS AGREED by and between the parties that the following
7 provisions as well as all applicable Federal , State and County laws and regulations
28 11 including the attached SPECIAL PROVISIONS, identified as EXHIBIT "A" , are part of this
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liV. IYUJYU
1 related to those activities, unless funding for design and inspection activities is
•2 provided for in Section 5.a. of this Contract.
3 1. To submit the Construction Bid Package for this project to DIRECTOR for
4 review prior to advertising for bids on the construction contract or prior to award of
5 such a contract if an alternative method of award is used. CITY shall not advertise for
6 bids until DIRECTOR has approved Construction Bid Package. CITY shall construct project
7 in accordance with the Construction Bid Package which DIRECTOR approved unless prior
8 written approval is received from DIRECTOR for modification therefrom.
9 5. Project Funding:
10 a. Project will be financed under this Contract as follows:
11 Total CDBG Funds $10,000.00 (Ten Thousand Dollars and
12 no/100) .
13 b. COUNTY shall not be responsible for any costs which exceed the approved
4 CDBG funding amount as referenced in Section 5.a. unless otherwise provided in advance
15 as referenced in Section 4.i.
16 c. Payment by the COUNTY to the CITY shall be on a reimbursable basis
17 unless CITY has been authorized and issued cash advances at the discretion of the
18 DIRECTOR under this Contract.
19 d. Cash advances requested by the CITY under this Contract may be made by
20 the DIRECTOR to the CITY if the following conditions are met:
21 (1) The CITY has demonstrated to DIRECTOR through certification in a
22 form prescribed by DIRECTOR and subsequently through performance, its willingness and
23 capacity to establish CITY financial procedures that will minimize the time elapsing
24 between the receipt of funds and proper disbursement of such funds.
25 (2) The CITY certifies to DIRECTOR, that the CITY' s financial
26 management system meets the standards for fund control and accountability prescribed in
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Office of Management and Budget Circular No. A-102, as periodically amended.
l8 !, (3) The CITY complies with the cash advance procedures required by
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