HomeMy WebLinkAboutAGENDA REPORT 1985 1007 CC REG ITEM 08I A00RPARh
ALBERT PRIETO " STEVEN KUENY
Mayor PPpK �4 ,.o City Manager
JAMES D. WEAK oP v CHERYL J. KANE
Mayor Pro Tern F City Attorney
THOMAS C. FERGUSON NIALL FRITZ
Councilmember O Director of
DANNY A. WOOLARD n • Community
Councilmember °oo Development
LETA YANCY-SUTTON �r�o ��`w R. DENNIS DELZEIT
Councilmember City Engineer
DORIS D. BANKUS JOHN V. GILLESPIE
City Clerk Chief of Police
JOHN C. GEDNEY MEMORANDUM
City Treasurer
T O = Honorable City Council
F ROM =
Steven Kueny, City Manager --
D AT E = October 3, 1985
SUB.-ECT = Community Develo',Cxnent Block Grant (CDBG) Program Agreement
BACKGROUND
As you are aware the City recently received notice of a CDBG grant
award in the amount of $600 ,000. 00. The grant av7ard is based upon
the City' s application and is broken down as follows :
1 . Cabrillo Economic Development Corporation (CEDC) $532,800. 00
A) $513 ,000 . 00 Subsidy for cost of developing 65 residential lots.
B) $19 ,800 . 00 CEDC for project management
2. City of Moorpark $67 ,200. 00
A) Administration of Grant and Downtown Study
1 . $24 , 030 . 00 Personnel Costs
2. 1 , 102. 00 Supplies
3 . 30,705 . 00 Services
4. 8 ,363 . 00 Indirect Costs
$37 ,200. 00
B) $30 , 000. 00 Downtown Study
(study of traffic; parking; drainage; urban design
feasibility and capital improvements funding)
799 Moorpark Avenue Moorpark, California 93021 (805)529-6864
City Council
Grant Agreement
Page 2
The $513, 000. 00 for the lot subsidy will be in the form of no interest
loans to property owners. (65 lots at $7,893 . 00 each for a period of
5 years ) . The term can be extended. As the money is repaid to the
City, the grant requires that the City use it for additional low
income housing projects. Most of the balance of the project funding
($4 , 100,000) for CEDC is to come from Farmers Home Administration (FMHA)
which has a maximum allowable mortage of $60 , 000 . 00.
The Department of Housing and Community Development (HCD) has indicated
that the number of lots could be reduced by 10% without a re-evaluation
of the award. Reduction of more than 10% would require an amendment
to the grant and re-evaluation of the basis for award which could
possibly result in the grant award being withdrawn.
HCD has indicated in the attached letter that the signed grant
agreements must be returned by October 12 , 1985 (30 days from date of
letter) , however this can be extended for two weeks, if necessary.
As stated in the grant agreement and attachments, certain provisions
should be noted as follows:
1 . All work must be completed by January 1 , 1987 . This is
based upon project approval anticipated in August 1985 .
This can be modified, at a later date, with the HCD project
manager, if needed. It will probably be needed since the
grant was predicated on an August 1985 approval of the
proposed CEDC project.
2. Prior to drawdown of funds the City must a) approve a
tentative tract map b) submit for HDC approval a list
of the improvements and fees to be paid with CDBG funds
and c) adopt a Housing Element in compliance with HCD
requirements.
3 . Comply with applicable labor standards, non-discrimination
practices and other federal provisions.
4. Adher to the recordkeeping, audit and environmental
requirements.
In addition, to implement the grant, it will be necessary to have
an Agreement with CEDC to insure they comply with the same terms
and conditions of the grant as the City.
While it is necessary, at this point in time, to approve the grant
agreement to assure participation, the City may terminate the Agree-
ment at a later date. As previously stated we cannot draw down funds
until a tentative tract map is approved for the proposed project.
RECOMMENDED ACTION
Adopt Res. authorizing Mayor to execute the CDBG Program
Agreement on behalf of the City.
SK: rjh
er- Karen Floek-CEDC
STATE OF CALIFORNIA GEORGE DEUKMEJIAN, Governor
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
COMMUNITY DEVELOPMENT SECTION
921 Tenth Street, Room 402 ` t.
Sacramento, CA 95814-2774
(916) 445-6000
September 12, 1985
Mr. Steven Kueny
City Manager
City of Moorpark
799 Moorpark Avenue
Moorpark, CA 93021
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. Smd
Section Chief — RECEIVED
PR:ds ate 1 61985
Fnr1 nciirpc _ .
State of California
Department of Housing and
Community Development
921 Tenth Street
Sacramento, CA 95814-2774 CDBG GRANT AGREEMENT FORM 7/85
GRANT AGREEMENT
Grantee: City of Mooroark
Land Acquisition and
Program Title: Site Improvements
Grant Number: 8S-STBG-153
Grant Amount: S600,000
Date of Agreement: June 2R. 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 seq. , 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.
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C. The State may terminate this agreement and be relieved of the
payment of any consideration to Grantee should Grantee fail to perform
the covenants herein contained at the time and in the manner herein provided.
In the event of such a termination, the State may proceed with the work
if it so determines, in any manner deemed proper by the State. The cost
to the State shall be deducted from any sum due the Grantee under this
agreement, and the balance, if any, shall be paid the Grantee for all work
the State determines is successfully completed and supported by acceptable
documentation.
D. Without the written consent of the State, this agreement is not
assignable by Grantee either in whole or in part.
E. Time is the essence of this agreement.
F. Grantee shall request written approval from the Department when
a program or budget revision is needed as required by Section 7114, Title
25 of the California Administrative Code. No alteration or variation ,of
the terms of this agreement shall be valid unless requested in writing
and approved in writing by the State, or at the State's discretion signed
by both parties in the form of a Grant Amendment. No oral understanding
or agreement not incorporated herein, shall be binding on any of the parties
hereto.
G. The grant amount to be paid Grantee, as provided herein, shall
be in compensation for all of Grantee's approved expenses incurred in the
performance hereof unless otherwise expressly so provided.
2. Work to be Performed
The Grantee agrees to fully perform the work described in Attachment
A, Section 1, (hereinafter "the Work") and more fully described in the
Application.
3. Grant-Amount
For the purposes of performing the Work, the State agrees to pay to
Grantee the amount specified in Attachment A, Section 3. In no instance
shall the State be liable for any costs for the Work in excess of this
amount, nor for any unauthorized or ineligible costs. Payment will be
made following receipt and approval of the Expenditure Summary and Payment
Request report. Grantee agrees to administer this grant in accordance
with the provisions of Section 7098 through, and including, Section 7124
of Title 25 of the California Administrative Code.
4. Special Conditions
The Grantee agrees to comply with the special conditions, if any,
contained in Attachment B.
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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.
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E. The State has the option to terminate this agreement under the
30-day cancellation clause or to amend the agreement to reflect any reduction
of funds.
8. Contractors and Subcontractors
A. The Grantee shall not enter into any agreement, written or oral ,
with any contractor without the prior determination by the State of the
contractor's eligibility. A contractor or subcontractor is not eligible
to receive grant funds if the contract is not licensed in good standing
in California, or is listed on the federal Consolidated List of Debarred,
Suspended, and Ineligible Contractors.
B. The Agreement between the Grantee and any contractor shall require
the contractor and its subcontractors, if any, to:
1) Perform the Work in accordance with federal , State and local
housing and building codes as are applicable.
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2) Comply with the Labor Standards described in Attachment
C of this agreement as are applicable. In addition to the requirements
of Attachment C, all contractors and subcontractors must comply with
the provisions of the California Labor Code as are applicable.
3) Comply with the applicable Equal Opportunity Requirements,
described in Attachment D of this agreement. j
4) Maintain at least the minimum State-required Worker's Compensation
Insurance for those employees who will perform the Work or any part
of it.
5) Maintain, if so required by law, unemployment insurance,
disability insurance and liability insurance in an amount to be determined
by the State which is reasonable to compensate any person, firm, or
corporation who may be injured or damaged by the contractor or any
subcontractor in performing the Work or any part of it.
C. Pursuant to Section 7120(c) of Title 25 of the California Administrative
Code, the Department reserves the right of pre-award review and approval
of all proposed contracts and related procurement documents, such as requests
for proposals and invitations for bids, where the contract amount exceeds
$10,000 and only one bid or proposal is received, or a "brand name" product
is specified, or the contract is to be awarded sole source.
9. Inspections
A. Grantee shall inspect any Work performed hereunder to ensure
that the Work is being and has been performed in accordance with the applicable
federal , State and/or local requirements, and this Agreement.
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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 documented 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.
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F. Three copies of all required audit reports shall be submitted
to the State within six months of the close of the required audit period.
The State shall not approve payment for audit costs until acceptable audit
reports are received. Final audit reports must be received by the Department
prior to the expiration date of this agreement shown on Attachment A.
G. The State shall not approve any expenditures for audit prior
to receiving an acceptable audit report.
12. Compliance with State Law and Regulations
The Grantee agrees to comply with all State laws and regulations that
pertain to construction, health and safety, labor, fair employment practices,
equal opportunity and all other matters applicable to the Grantee, its
subgrantees, contractors, or subcontractors, and the Work.
13. Environmental Requirements
This agreement is subject to the provisions of the California Environmental
Quality Act (CEQA) . Grantee assumes responsibility to fully comply with
CEQA's requirements regarding the Work. In addition, the Grantee shall
comply with the provisions of the National Environmental Policy Act (NEPA)
by following the procedures contained in 24 CFR Part 58. The release,
by the State, of program implementation funds is hereby conditioned upon
compliance with CEQA and NEPA.
14. Compliance with Federal Laws and Regulations
The Grantee agrees to comply with all federal laws and regulations
applicable to the CDBG Program and to the Work, and with the required federal
provisions set forth in Attachment E.
15. State Coordinator
The coordinator of this agreement for the State is the Program Manager
of the Community Development Program, Division of Community Affairs, or
the Program Manager's designee.
16. Purchase of Equipment
Prior to the drawdown of funds for purchase of any data processing
equipment or any other equipment or fixtures with a useful life of one
year and a cost of at least $300, Grantee shall submit a detailed justification
of the need for the equipment or fixtures for review and approval by the
Department.
17. Certified Resolution
This agreement shall be accompanied by a certified resolution from
the Grantee' s governing body authorizing its execution.
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C , of Moorpark
85-STBG-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
BY: BY:
Title: Title:
Date: Date:
AMOUNT ENCUMBERED PROGRAM/CATEGORY (CODE AND TITLE) FUND TITLE
Department of Genera!Services S600,000 20 Community Affairs Federal Trust
Use Only UNENCUMBERED BALANCE
(OPTIONAL USE)
S 2620 - 25233 FCN 14219
+ ADJ.INCREASING ENCUMBRANCE ITEM CHARTER STATUTE FISCAL YEAR
IS 1 2240-101-890 258 1984 1984-85
ADJ.DECREASING ENCUMBRANCE OBJECT OF EXPENDITURE ICOOE AND TITLE)
701
I hereby certify upon my own personal knowledge that budgeted funds are T.B.A. NO. B.R. NO.
available for the period and purpose of the expenditure stated aboty.
SIGNATURE OF ACCOUNTING OFFICER DATE
I hereby certify that all conditions for exemption set forth in State Administrative Alanual Section 1309 have
been complied with and this document is exempt from review by the Department of Finance.
SIGNATURE OF OFFICER SIGNING ON BEHALF OF THE AGENCY DATE
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City of Moorpark
85-STBG-153
ATTACHMENT A
Page 1 of
ATTACHMENT A
Section 1 - Work Description
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 -he 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 Acreement 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 crant of $600,000 consists of:
Activities in support of new Construction $532,800
General Administration $ 37,200
Down.own Area Improvement Specific Plan $ 30,000
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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.
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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 sue. of the
California Labor Code which requires that the Mate 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.
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Page 1 of 3
Equal Opportunity
1. The Civil Rights, HCD, Age Discrimination, and Rehabilitation Acts
Assurance:
During the performance of this Agreement, the Grantee assures that
no otherwise qualified person shall be excluded from participation
or employment, denied program benefits, or be subjected to discrimination
based on race, color, national origin, sex, age, or handicap, under
any program or activity funded by this contract, as required by Title
VI of the Civil Rights Act of 1964, Title I of the Housing and Community
Development Act of 1974, as amended, the Age Discrimination Act of
1975, and the Rehabilitation Act of 1973, and all implementing regulations.
2. The Training, Employment, and Contracting Opportunities for Business
and Lower Income Persons Assurance of Compliance:
a) The work to be performed under this Agreement is on a project
assisted under a program providing direct federal financial assistance
from the Department of Housing and Urban Development and is subject
to the requirements of Section 3 of the Housing and Urban Development
Act of 1968, as amended, 12 U.S.C. 1701u. Section 3 requires
that to the greatest extent feasible, opportunities for training
and employment be given lower income residents of the project
area and contracts for Work in connection with the project be
awarded to business concerns which are located in, or owned in
substantial part by persons residing in the area of the project.
b) The parties to this Agreement will comply with the provisions
of said Section 3 and the regulations issued pursuant thereto
by the Secretary of Housing and Urban Development set forth in
24 CFR Part 135, and all applicable rules and orders of the Department
issued thereunder prior to the execution of this contract. The !
parties to this contract certify and agree that they are under
no contractural or other disability which would prevent them
from complying with these requirements.
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c) The Grantee will send to each labor organization or representative
of workers with which he has a collective bargaining agreement
or other contract or understanding, if any, a notice advertising
the said labor organization or worker' s representative of his
commitments under this Section 3 clause and shall post copies
of the notice in conspicuous places available to employees and
applicants for employment or training.
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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 Housing 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 CFR 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 requirer»ents 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. During the performance of this contract, the recipient, contractor and
its subcontractors shall not deny the contract's benefits to any person
on the basis of religion, color, ethnic group identification, sex, age,
physical or mental disability, nor shall they discriminate unlawfully
against any employee or applicant for employment because of race , re-
l.iaion, 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
Housing Act (Government Code Section 12900 et seq. ) , the regulations
promulgated thereunder (California Administrative Code, Title 2, Sec-
tion 7285.0 et seq. ) , the provisions of Article 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. Recipient, contractor and its subcontractors shall Give written notice
of their obligations under this clause to iabor organizations with
which they have a collective bargaining or other agreement.
D. The contractor shall include the nondiscrimination and compliance pro-
visions of this clause in all subcontracts to perform work under the
contract.
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Page 3 of 3
4. Assurance of Compliance with Requirements Placed On Construction Contracts
of 510,000 or more:
Grantee hereby agrees to place in every contract and subcontract for
construction exceeding $10,000 the Notice of Requirement for Affirmative
Action to ensure Equal Employment Opportunity (Executive Order 11246) ,
the Standard Equal Opportunity Clause, and the Standard Federal Equal
Employment Opportunity, Ccnstruction Contract Specifications. Grantee
furthermore agrees to inse,•t the appropriate Goals and Timetables
issued by the U.S. Department of Labor in such contracts and subcontracts.
Grantee shall refer to Chapter V of the State CDSG Grant Management
Manual or shall contact the State for further guidance regarding compliance
with this requirement.
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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 seq., 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 sec . , the federal Water Pollution Control Act,
as amended, 33 USC 1251 et sec . , and the regulations of the Environmental
Protection Agency with respect thereto, at 40 CFR Part 15, as amended from
time to time.
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In compliance with said regulations, the Grantee shall cause or require
to be inserted in full in all contracts and subcontracts with respect to
any nonexempt transaction thereunder funded with assistance provided under
this Agreement, the following requirements:
a) A stipulation by the contractor or subcontractor that any facility
to be utilized in the performance of any nonexempt contract or subcontract
is not listed on the List of .Violating Facilities issued by the Environmental
Protection Agency (EPA) pursuant to 40 CFR 15.20.
b) Agreement by the contractor to comply with all the requirements of
Section 114 of the Clean Air Act, as amended (42 USC 1857c-8) , and
Section 308 of the federal Water Pollution Control Act, as amended
(33 USC 1318) , relating to inspection, monitoring, entry, reports,
and information, as well as all other requirements specified in said
Section 114 and Section 308, and all regulations and guidelines issued
thereunder.
c) A stipulation that as a condition for the award of the contract, prompt
notice will be given of any notification received from the Director,
Office of Federal Activities, EPA, indicating that a facility utilized
or to be utilized for the contract is under consideration to be listed
on the EPA List of Violating Facilities.
d) Agreement by the contractor that he will include or cause to be included
the criteria and requirements in paragraphs a through d of this section
in every nonexempt subcontract and requiring that the contractor will
take such action as the government may direct as a means of enforcing
such provisions.
In no event shall any amount of the assistance provided under this
Agreement be utilized with respect to a facility which has given rise
to a conviction under Section 113(c) (1) of the Clean Air Act or Section
309(c) of the federal Water Pollution Control Act.
4. Obligations of Grantee with Respect to Certain Third Party Relationships:
The Grantee shall remain fully obligated under the provisions of the Agreement
notwithstanding its designation of any third party or parties for the undertaking
of all or any part of the program with respect to which assistance is being
provided under this Agreement to the Grantee. Any Grantee shall comply
with all lawful requirements of the State necessary to ensure that the
program with respect to which assistance is being provided under this Agreement
to the Grantee is carried out in accordance with the State's Assurance
and Certifications, including those with respect to the assumption of environmental
responsibilities of the State under Section 104(h) of the Housing and Community
Development Act of 1974.
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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 0 ficials:
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.
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