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HomeMy WebLinkAboutAGENDA REPORT 1987 0415 CC REG ITEM 11CCLINT HARPER, Ph.D. Mayor ELOISE BROWN Mayor Pro Tern THOMAS C. FERGUSON Councilmember JOHN GALLOWAY Councilmember BERNARDO PEREZ Councilmember MAUREEN W. WALL City Clerk j'EM / /.�. MOORPARK 1 - M E M O R A N D U M STEVEN KUENY City Manager CHERYL J. KANE City Attorney PATRICK RICHARDS, A.I.C.P. Director of Community Development R. DENNIS DELZEIT City Engineer JOHN V. GILLESPIE Chief of Police THOMAS P. GENOVESE City Treasurer TO: The Honorable City Council FROM: Patrick J. Richards, Director of Community Development DATE: April 6, 1987 (CC meeting of 4/15/87) SUBJECT: CDBG CONTRACT EXTENSION - STATE HCD BACKGROUND The City entered into a contractual agreement with the Villa Campensina organization on the 18th day of August 1986 for the purpose of providing very low cost housing for farm workers. This original contract will expire on July 1, 1987. Inasmuch as the project has yet to break ground, the State Department of Housing and Community Development (HCD) is requesting that the City extend their contract with HUD through January 1989 (18 months) to ensure the Villa Campensina project the use of CDBG Funds. RECOMMENDATION That the City Council approve the attached (amended) contracts, with the City of Moorpark and the State of California (pursuant to Section 6 - Commencement & Terms) and the contract with the City of Moorpark and Villa Compensina (pursuant to Section 3(e)). Both contracts need to be extended 18 months until January 1989. Thus, staff needs authorization to amend the extension of both contracts and to have the Mayor sign both documents on behalf of the City of Moorpark. 799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864 AGREEMENT IMPLEMENTING VILLA CAMPESINA MUTUAL SELF HELP HOUSING PROJECT THIS AGREEMENT is made and entered into this 18 day of August , 1986, by and between the City of Moorpark, herein- after referred to as "City," and the Villa Campesina Corporation, a California nonprofit corporation, hereinafter referred to as "VCC." WITHNESSETH: WHEREAS, this agreement is entered into by and between City, and VCC for the use and expenditure of Community Development Block Grant (hereinafter referred to as "CDBG ") funds which the City has been approved to receive under the provisions of Title I 1 of the Federal Housing and Community Development Act of 1974 (hereinafter referred to as the "HCD Act ") under HUD Grant Number 85 -STBG -153; and WHEREAS, VCC is an eligible entity (a neighborhood -based nonprofit organization) under 24 CFR Section 570.204(c)(1) to act as designated project sponsor and subrecipient and, as such sub - recipient, VCC will exercise general oversight over CDBG activities eligible under 24 CFR Section 570.202. NOW, THEREFORE, IT IS AGREED by and between the parties hereto as follows: 1. Program description and authority; objectives and reports. (a) The Villa Campesina Mutual Self Help Housing Program (sometimes hereinafter referred to as "the project" or, "the pro- gram ") shall consist of the development of lots for a 62 home mutual self help housing subdivision on Tract 4147. The City will -1- grant to VCC $532,800 in CDBG funds, subject to the availability of said CDBG funds to be used for this project. VCC will use $513,000 of these funds for project development cost as specified in the attached budget (Exhibit "A "); when lots are sold to individual families, these funds will be rolled over as deferred no interest loans payable to the City. The loans will be due on resale or in five (5) years, whichever occurs first. When a loan becomes due, the City will refinance on the same terms for additional five (5) year periods not to exceed a total loan period of twenty -five (25) years if the family cannot repay the loan at that time. The determination to permit refinancing shall be based upon the then combined annual income and any assets and related factors for the household seeking to refinance the unit. For a loan due on resale, the City will refinance on the same terms if the home is sold to a low income family. At the time that each loan is paid off, the money will go to the City of Moorpark to be used for other low income housing projects in Moorpark as determined by the City. The City will keep loan files on each individual loan from the date of sale of lots to individual families. The balance of the funds, $19,800, will be used by VCC for project administration. VCC will own the land on which the project is to be developed during the expenditure of all CDBG funds but may transfer ownership to the Cabrillo Economic Development Corporation or another nonprofit corporation at a later stage of development upon approval of the City of Moorpark. (b) VCC agrees to submit to the City of Moorpark monthly progress reports concerning the accomplishment toward the objectives of the project. (c) The Grant Agreement, dated June 28,1985, between -2- the City and the State of California, a copy of which is attached hereto as Exhibit "B ", is hereby incorporated into and made a part of this Agreement. VCC agrees to perform, on behalf of the City, all of the duties and obligations of the Grantee under the Grant Agreement. 2. Term of Agreement. The term of this agreement shall be from the date of execution of this agreement to and including December 31, 1992 or five ( 5 ) years from commencement of the 62nd loan per Paragraph 1 above whichever occurs later. The agreement may be extended by mutual agreement. 3. Method and condition of payment of program expenses. Payments to VCC of the sum provided for in Paragraph 1(a) shall be made in accordance with the following procedure and subject to the following conditions: (a) VCC may file with the City a written claim for and advance of costs for anticipated expenses to be incurred by VCC in conduction the program for a period of thirty (30) days. Said advance shall not exceed the budget amounts contained in Exhibit "A ". The anticipated expenses to be incurred by VCC may include, but not limited to, land acquisition, escrow /title insurance costs, site acquisition commission, engineering, subdivision plan check and permit fees, flood control district and water interconnection fees and rought grading and fill. Said claim shall contain a breakdown of anticipated expenses and shall show the budget category to which the expenditure is chargeable. Thereafter, VCC's claims shall be processed on an advance basis. At its discretion, VCC any request funds on a reimbursement basis. Costs for project management shall only be paid on a reimbursement basis not to exceed the aforementioned $19,800.00. -3- (b) On or before the twentieth (20th) working day following the end of a calendar month, VCC, shall file with the City a written report itemizing each obligation incurred and /or expenditure made by VCC in conducting the program including the costs of management. Said reports shall have attached thereto originals of invoices or other documentation acceptable to the City to substantiate each obligation or expenditure and shall show the budget category to which it is chargeable. (c) Upon receipt of a request for an advance prepared and filed as provided above, the City shall review said claim, and if the claim is properly prepared and substantiated and is for expenses authorized under the terms of the program and this agreement, and is otherwise proper and in order for payment, the City shall approve said claim and shall issue a warrant made payable to VCC. Said advance payments shall only be paid with CDBG Funds when said funds are received by the City. VCC acknowledges that no City Funds shall be used to make an advance of funds under this Agreement. (d) No claim shall be filed or approved which is not prepared and substantiated as provided in this agreement and VCC agrees that no obligation shall be incurred and no claim shall be prepared for expenses which are not authorized under the terms of both the program and this agreement. (e) All claims must be received and filed with the City on or before July 1, 1987. No claims filed for whatever reason after that date will be honored or paid, unless otherwise agreed to by the City. 4. VCC to keep records. VCC shall keep accurate written -4- records of all expenses incurred by it and of monies received by it consistent with the requirements of Exhibit "B ". 5. Audit of VCC's records. City and the State of California and the U.S. Government shall have the right to audit and review all records maintained by VCC pursuant to the Terms of this agreement. Any such audit and review may be conducted at any time during regular business hours. VCC is responsible for payment of all its own audit related costs. 6. Project budget. A budget showing VCC's proposed expend- itures in conducting the project and containing a breakdown of those expenditures by major categories and subcategories is attached hereto as Exhibit "A" and is incorporated by reference herein as though set forth in full. VCC shall not obligate or expend funds for purposes other than those shown in the approved budget and shall be limited in making expenditures or incurring obligations for purposes shown in any budget category to the amounts budgeted for that category unless both the City Manager and appropriate state agency approves in writing a budget transfer from one budget category to another. 7. Compliance with laws and regulations. VCC agrees to comply with all the provisions of the HCD Act and all rules and regulations adopted pursuant thereto and with all other State and Federal laws and regulations applicable to the program to be conducted hereunder. 8. Notice. All notices, herein required, including payment and other documents required to be delivered under this Agreement shall be in writing, and delivered in person or sent by United States first class mail, postage prepaid. Notices required to be given to City shall be addressed as follow: City Manager, City of Moorpark, -5- 799 Moorpark Avenue, Moorpark, California, 93021. Notices required 7 to be given to VCC shall be addressed as follows: Villa Campesina Corporation, 1101 Azahar Street, Saticoy, California, 93004. Any party may change such address by notice in writing to the other parties and thereafter notices shall be addressed and transmitted to the new address. Notice shall be deemed delivered upon personal services or deposit in the United States mail. 9. Hold Harmless and indemnification. VCC shall hold harmless, indemnity and defend the City and its officers, employees and servants from any claim, demand, damage, liability, loss, costs or expense, for any damage whatsoever, including but not limited to, death or in any connected with, the performance of this Agreement, except such damage as is caused by the sole negligence of the City or any of its officers, employees or servants. r 10. Nothing contained in this Agreement shall be deemed, construed or represented by the City of VCC or by third person to create the relationship of principal or agent, or of a partnership, or of a joint venture, or of any other association of any kind or nature between the City and VCC. 11. VCC shall not assign this Agreement, or any of the rights, duties or obligations hereunder without prior written authorization of the City Manager. It is understood and acknowledged by the parties that VCC is uniquely qualified to perform the project. 12. This Agreement constitutes the entire agreement of the parties concerning the subject matter hereof and all prior agreements or understandings, oral or written, are hereby merged herein. This Agreement shall not be amended in any way except by a writing expressly purporting to be such an amendment, signed and acknowledged by both of the parties hereto. WOZ 13. Should interpretation of this Agreement, or any portion thereof, be necessary, it is deemed that this Agreement was prepared by the parties jointly and equally, and shall not be interpreted against either party on the ground that the party prepared the Agreement or caused it to be prepared. 14. No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any such waiver constitute, a continuing or subsequent waiver of the same provision. No waiver shall be binding, unless executed in writing by the party making the waiver. 15. In the event any action, suit or proceeding is brought for the enforcement of, or the declaration of any right or obligation pursuant to, this Agreement or as a result of any alleged breach of any provision of this Agreement, the prevailing party shall be entitled to recover its costs and expenses, including reasonable attorney's fees, from the losing party, and any judgement or decree rendered insuch a proceeding shall include an award thereof. 16. This agreement is made, entered into, executed and is to be performed in Moorpark, Ventura County, California, and any action filed in any court or for arbitration for the interpretation, enforcement and /or otherwise of the terms, covenants and conditions referred to herein shall be filed in the applicable court in Ventura County, California. IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the day and year first above written. VILLA CAMPESINA CORPORATION By: �./ Teresa Cortes, President -7- ATTEST: Deputy City Clerk #18 /crl CITY OF; PIOORPARK Mayor t I STATa OF C:Alti•ORNIA GEORGE DEUKMEJIAN, Governor DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT COMMUNITY DEVELOPMENT SECTION -_` 921 Tenth Street, Room 402 Sacramento, CA 95814 -2774 (916) 445 -6000 September 12, 1985 Mr. Steven Kueny -- RECEIVED City Manager City of Moorpark 799 Moorpark Avenue Moorpark, CA 93021 City of Moorpark Dear Mr. Kueny: Enclosed are copies of the State CDBG Grant Agreement and an Expenditure Summary and Payment Request (ESPR) form with instructions. In order to begin your 1985 CDBG Program and receive funds, you must do the following: 1. Have your governing body adopt a resolution authorizing a designated official to sign the Grant Agreement. 2. Sign all copies of the Grant Agreement. 3. Complete the ESPR form if you intend to use the cash advance system. Up to two months' cash needs may be initially requested. Only the heading, item 9 (CDBG cash requested) of Section II, and Section III should be completed for this initial request. Only those costs incurred after the State signs this Grant Agreement are eligible for payment by the grant. Until special conditions and the environmental review requirements related to project activities are satisfied, only general administrative costs will be paid by the Department. 4. Return two certified copies of the resolution, all copies of the Grant Agreements, and the original and two copies of the ESPR no later than 30 days from the date of this letter to: HCD Contracts Office 921 Tenth Street, (G3B) Sacramento, CA 95814 -2774 ATTN: Deanna Ackerman A Grant Management Manual, which will address specific areas of CDBG Program administration, will be forwarded to you under separate cover. Please contact the State CDBG Office at (916) 445 -6000 if you have any questions. Best wishes for a successful program. Sincerely, Carol J. Sm h Section Chief PR:ds Enclosures N State of California Department of Housing and Community Development 921 Tenth Street Sacramento, CA 95814 -2774 CDuG GRANT AGREEMENT FORM 7/85 GRANT AGREEMENT Grantee: City of Moo roark Land Acquisition and Program Title: Site Improvements Grant Number: 85 -STBG -153 Grant Amount: $600,000 Date of Agreement: June 28, 1985 This agreement will provide official notification of the grant award under the State's administration of the Housing and Community Development Block Grant Program for Non- Entitlement Jurisdictions pursuant to the provisions of 42 U.S.C. 5301 et sec., 24 CFR Part 570, Subpart I, and 25 California Administrative Code Sections 7050 through 7124. In accepting this grant award, the Grantee agrees to comply with the terms and conditions of this agreement and all attachments hereto, the representations contained in the Grantee's application (hereinafter "the Application "), which is hereby incorporated by reference as if set forth in full, and the requirements of the authorities cited above. 1. General A. The Grantee agrees to indemnify, defend and save harmless the State, its officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, materialmen, laborers and any other person, firm or corporation furnishing or supplying work, services, materials or supplies in connection with the performance of this agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by the Grantee in the performance of this agreement. B. The Grantee, and the agents and employees of Grantee, in the performance of this agreement, shall act in an independent capacity and not as officers or employees or agents of the State of California. -1- 5. Method of Payment To receive payment for the Work performed, or to receive an operating advance, the Grantee shall submit, in triplicate and on forms provided by the State, a duly executed Expenditure Summary and Payment Request report. The Grantee shall submit all Expenditure Summary and Payment Request reports to the Department of Housing and Community Development, Community Development Program, 921 Tenth Street (4K), Sacramento California, 95814, or any other address of which the Grantee has been notified in writing. The State shall not authorize payments unless it determines that the Work has been performed in compliance with the terms of this agreement and its attachments. 6. Commencement and Term This agreement is effective on June 28, 1985. However, Grantee agrees that Work shall not commence prior to execution of this agreement by the State, unless expressly authorized in writing to do so. This agreement shall terminate on the date set forth in Attachment A and Grantee agrees that the Work shall be complete by the date specified in Attachment A, unless a written request for an extension is approved in advance and in writing by the State. 7. Grant Termination A. The State may terminate this agreement at any time for good cause by giving at least 30 days notice in writing to the Grantee. Good cause shall consist of violations of this agreement, the regulations contained in 25 California Administrative Code Sections 7050 to 7124, 24 CFR Part 570, Subpart I, the Housing and Community Development Act of 1974, as amended, or upon the request of HUD. B. It is mutually understood between the parties that this agreement may have been written before ascertaining the availability of congressional appropriation of funds, for the mutual benefit of both parties in order to avoid program and fiscal delays which would occur if the agreement were executed after the determination was made. C. This agreement is valid and enforceable only if sufficient funds are made available to the State by the United States Government for the federal fiscal year 1984 -85 for the purposes of this program. In addition, this agreement is subject to any additional restrictions, limitations, or conditions enacted by the Congress or State Legislature or any statute enacted by the Congress or the State Legislature which may affect the provisions, terms or funding of this agreement in any manner. D. It is mutually agreed that if the Congress does not appropriate sufficient funds for the program, this agreement shall be amended to reflect any reductions in funds. -3- B. The State reserves the right to inspect any Work performed hereunder to see that the Work is being and has been performed in accordance with the applicable federal; State and /or local requirements, and this Agreement. C. The Grantee agrees to require that all Work found by such inspections not to conform to the applicable requirements be corrected, and to withhold payment to the contractor or subcontractor until it is so corrected. 10. Records A. All records, accounts, documentation and all other materials relevant to a fiscal audit or examination, as specified by the State, shall be retained by the Grantee for a period of not less than three (3) years from the date of termination of this agreement. B. If so directed by the State upon termination of this agreement, the Grantee shall cause all records, accounts, documentation and all other materials relevant to the Work to be delivered to the State as depository. C. All contracts of $10,000 or more between Grantee and its contractors shall contain a provision which indicates that the contracting parties shall be subject to the examination and audit of the Auditor General for a period of three (3) years after the final payment under the contract. 11. Audit A. All records, accounts, documentation and other materials deemed relevant to the Work by the Department shall be accessible at any time to the authorized representatives of the State or federal government, on reasonable prior notice, for the purpose of examination or audit. B. An expenditure which is not authorized.by this agreement or which cannot be adequately documenteu shall be disallowed and must be reimbursed to the State or its designee by the Grantee. Expenditures for Work not described in Attachment A shall be deemed authorized if the performance of such Work is approved in writing by the State prior to the commencement of such Work. C. Absent fraud or mistake on the part of the State, the determination by the State,of the allowability of any expenditures shall be final. D. Grantee.shall.initiate the final audit in compliance with Section 7122 of Title 25 of the California Administrative Code of all funds and work done pursuant to this agreement no later than the date specified in Attachment A. In addition, pursuant to OMB Circular A -128, Grantee shall perform an annual audit at the close of each fiscal year. E. The audit shall be performed by a qualified State, local or independent auditor. Grantee shall notify the State of the auditor's name and address immediately after the selection has been made. -5- City of Moorpark 8( 'TBG -153 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers. California Department of Housing Grantee: and Community Development City of Moorpark 799 "Moorpark Avenue Moorpark, CA 93021 Am Ti tl e: Date: Department of Gener,31 Services Use Only HE Title: Date: AMOUNT ENCUMBERED PROGRAM /CATEGORY tCODE AND TITLE) FUND T:TLE 56001,000 20 Community Affairs Federal Trust UNENCUMBERED BALANCE I's (OPTIONAL USE) FCN 2620 - 25233 14219 ADJ. INCREASING ENCUMBRANCE I ITEM CHARTER STATUTE FISCAL YEAR .-S 1 2240 - 101 -890 258 1934 11984 -85 ADJ. DECREASING ENCUMBRANCE + OBJECT OF EXPENDITURE �COOE AND TITLE) 701 1 hereby certify upon my uwrt personal knowle 1-e that lnidueted fuTI(!s ure T.B.A. NO. B.R. NO. acailabie for the period and purpose of the cxpertdit fire .stated alx)�,e. SIGNATURE OF ACCOUNTING OFFICER DATE 0. 1 hereby certify that all conditions for exemption ;et forth in State Administrative Manual Section 1209 have been complied with and this document is exempt front review by the Department of Finance. SIGNATURE OF OFFICER SIGNING ON BEHALF OF THE AGENCY DATE -7- ATTACHMENT A Section 1 - Work Description City _,f t1oorpark 85 --STBG -153 ATTACHMENT A Page 1 of A. Grantee shall perform the Work as described in the approved Application, which is on file at the Department of Housing and Community Development, Division of Community Affairs, 921 10th Street, Sacramento, California. All written materials or alterations submitted from time to time as addenda to the original Application and which are approved by the State prior to the award are hereby incorporated as part of the Application. B. The work shall consist of: The acquisition of land, rough grading, engineering, and payment of eligible fees for the construction of 65 FmHA 502 units. Section 2 - Completion Dates A. All Work shall be completed by January 1, 1987 in accordance with the approved milestones in the Application. Milestones may be adjusted by written consent of the State and do not require amendment of this Agreement. B. The final audit contract shall commence by April 1, 1987 C. This Agreement shall expire on July 1, 1987 Section 3 - Grant Amount and Operating Budget A. Specifics of the operating budget shall be agreed upon, by the State and Grantee prior to drawdown of any funds. B. The grant of $600,000 consists of: Activities in support of new Construction $532,800 General Administration $ 37,200 Downtown Area Improvement Specific Plan $ 305000 City of Moorpark 85 -STBG -153 ATTACHMENT B Page 1 of 1 ATTACHMENT B Special Conditions 1. Prior to the drawdown of funds for land acquisition, site improvements or the payment of fees the City shall provide documentation that tentative tract map approval has been obtained. 2. Prior to the drawdown of funds for site improvements or the payment of fees the City shall submit to the Department for review and approval, a list of the improvements and fees to be paid with CDBG funds. 3. Pursuant to 25 Cal. Admin. Code Section 7056(b)(1), as a condition of drawing down any CDBG funds, the Grantee shall have submitted to the Department a draft or a final and adopted revised housing element as required by Article 10.6 (commencing with Section 65580) of the Government Code. Upon submittal of a draft housing element, the Grantee may draw down a portion of the administrative funds for the purpose of completing the adoption of a revised housing element in compliance with State Law. As a condition of drawing down-any program implementation funds, the Grantee shall adopt a housing element revision in compliance with the substantive requirements in Article 10.6, and submit a certification, on forms provided by the Department, that such housing element complies with the substantive requirements of Article 10.6. ATTACHMENT C Page 1 of 1 Labor Standards 1. State Labor Standards Provisions All contractors and subcontractors shall give the following certification to the Grantee and forward this certification to the Grantee within 10 days after the execution of any contract or subcontract. A. "I am aware of the provisions of Section 1720 et seq. of the California Labor Code which requires that the State prevailing wage rate shall be paid to employees where this rate exceeds the federal wage rate." B. "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self - insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this contract." C. "It is further agreed that, except as may be provided in Section 1815 of the California Labor Code, the maximum hours a worker is to be employed is limited to eight hours a day and 40 hours a week and the subcontract shall forfeit, as a penalty, $25 for each worker employed in the execution of the subcontract for each calendar day during which a worker is required or permitted to labor more than eight hours in any calendar day or more than 40 hours in any calendar week." 2. Federal Labor Standards Provisions (Davis -Bacon and Related Acts) Except with respect to the rehabilitation of residential property designed for residential use for less than eight families, the Grantee and all contractors /subcontractors of the Grantee 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 Agreement, shall comply with HUD requirements pertaining to such contracts and the applicable requirements of the regulations of the Department of Labor under 29 CFR Parts 3, 5 and 5a, governing the payment of wages 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 Grantee or any contractor/ subcontractor of their obligation, if any, to require payment of the higher rates. The Grantee shall cause or require to be inserted in full, in all such contracts subject to such regulations, provisions meeting the requirements of 29 CFR 5.5 and, for such contracts in excess of $10,000, 29 CFR 5a.3. -10- ATTACHMENT D Page 2 of 3 d) The Grantee will include these Section 3 clauses in every contract and subcontract for Work in connection with the project and will, at the direction of the State, take appropriate action pursuant to the contract upon a finding that the Grantee or any contractor or subcontractor is in violation of regulations issued by the Secretary of rousing and Urban Development, 24 CFR Part 135 and, will not let any contract unless the Grantee or contractor or subcontractor has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. e) Compliance with the provisions of Section 3, the regulations set forth in 24 CrR Part 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of the Agreement shall be a condition of the federal financial assistance provided to the project, binding upon the Grantee, its successors, and assigns. Failure to fulfill these requirements shall subject the Grantee, its contractors and subcontractors, its successors, and assigns to those sanctions specified by the grant or contract through which federal assistance is provided, and to such sanctions as are specified by 24 CFR Part 135. 3. State Nondiscrimination Clause: A. Dur i nc the performance of --his s contract, the reci piest, contractor and its subcontractors shall not deny the contract's benefits to any person on the basis of religion, color, ethnic group identification, sex, ace, physical or mental disability, nor shall they discriminate unlawfully acainst any emplovee or applicant for employment because of race, re- 1.11gion, color, national origin, ancestry, physical handicap, mental disability, medical condition, marital status, age or sex. Contractor shall ensure that the evaluation and treatment of employees and appli- cants for employment are free of such discrimination. B. Contractor shall comply with the provisions of the Fair Employment and Hcusing Act (Government Code Section 12.000 et seq.), the regulations �ror„ulgated thereunder (California Administrative Code, Title 2, Sec - tion 7285.0 et sea.), the provisions of Ar.icle 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Government Code Sections 11135- 11139.5) and the regulations or standards adopted by the award- ing State agency to implement such article. C. Recioient, contractor and its subcontractors shall give written notice of their obl ieations under this clause to labor organizations with whic^ they have a collective bargaining or other agreement. D. :he contractor shall include the nondiscrimination and compliance pro - visions of this clause in all subcontracts to perform work under the C-01-1,,rac 1.. -12- ATTACHMENT E Page 1 of 3 Other Required Federal Provisions 1. Flood Disaster Protection: This Agreement 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 Agreement 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 hazards which is located in a community not then in compliance with the requirements for participation in the national flood insurance program pursuant to Section 201(d) of said Act; and the use of any assistance provided under this Agreement for such acquisition or construction in such identified areas in communities then participating in the national flood insurance program shall be subject to the mandatory purchase of flood insurance requirements of Section 102(a) of said Act. Any contract or agreement for the sale, leave, or other transfer of land acquired, cleared or improved with assistance provided under this Agreement shall contain, if such land is located in an area identified by the Secretary as having special flood hazards and in which the sale of flood insurance has been made available under the National Flood Insurance Act of 1968, as amended, 42 U.S.C. 4001 et seg., provisions obligating the transferee and its successors or assigns to obtain and maintain, during the ownership of such land, such flood insurance as required with respect to financial assistance for acquisition or construction purposes under Section 102(a) of the Flood Disaster Protection Act of 1973. Such provisions shall be required notwithstanding the fact that the construction on such land is not itself funded with assistance provided under this Agreement. 2. Lead -Based Paint Hazards: The construction or rehabilitation of residential structures with assistance provided under this Agreement is subject to the HUD Lead -Based Paint regulations, 24 CFR Part 35. Any grants or loans made by the Grantee for the rehabilitation of residential structures with assistance provided under this Agreement shall be made subject to the provisions for the elimination of lead -based paint hazards under subpart B of said regulations, and the Grantee shall be responsible for the inspections and certifications required under Section 35.14(f) thereof. 3. Compliance with Air and Water Acts: This Agreement is subject to the requirements of the Clean Air Act, as amended, 42 USC 1857 et seq., the federal Water Pollution Control Act, as amended, 33 USC 1251 et seq., and the regulations of the Environmental Protection Agency with respect thereto, at 40 CFR Part 15, as amended from time to time. -14- ATTACHMENT E Page 3 of 3 5. Interest of Certain Federal Officials: No member of or delegate to the Congress of the United States, and no resident commissioner, shall be admitted to any share or part of this Agreement or to any benefit to arise from the same. 6. Interest of Members, Officers, or Employees of Contractors, Members of Local Governing Body, or Other Public Officials: No member, officer, or employee of the Grantee, or its designees or agents, no member of the governing body of the locality in which the program is situated, and no other public official of such locality or localities who exercise any functions or responsibilities with respect to the program during his tenure or for one year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for Work to be performed in connection with the program assisted under the Agreement. The Grantee shall incorporate, or cause to be incorporated, in all such contracts or subcontracts a provision prohibiting such interest pursuant to the purposes of this section. 7. Prohibition Against Payments of Bonus or Commission: The assistance provided under this Agreement shall not be used in the payment of any bonus or commission for the purpose of obtaining HCD approval of the application for such assistance, or HCD approval of applications for additional assistance, or any other approval or concurrence of HCD required under this Agreement, Title I of the Housing and Community Development Act of 1974, or HCD regulations with respect thereto; provided, however, that reasonable fees or bona fide technical, consultant, managerial or other such services, other than actual solicitation, are not hereby prohibited if otherwise eligible as program costs. -16-