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HomeMy WebLinkAboutReso 91-100 - Approve Grant Agreement for the State Rental Rehab Program RESOLUTION N0. l'/0 O i A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING APPROVING i THE GRANT AGREEMENT FOR THE STATE RENTAL REHABILITATION PROGRAM i WHEREAS, the City of Redding submitted an application for funding to the State of California Rental Rehabilitation Program and was awarded a contract on January 18, 1991 by the Department of Housing and Community Development in the amount of $17,570.00. This contract also authorizes access to the Federal Cash and Management Information System in the amount of $382,430.00; and WHEREAS, the State of California Department of Housing and Community Development is responsible for the administration of the Program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF REDDING: 1. That the City Manager is authorized to sign the Agreement including Amendments, and that the Housing Manager is authorized to sign documents necessary to implement the program, provided they are consistent with the submitted application. 2. That the City of Redding agrees to comply with all terms and conditions of the Agreement and the requirements of the program. I HEREBY CERTIFY that the foregoing resolution was introduced and read at a regular meeting of the City Council of the City of Redding on the 5th day of March, 1991, and was duly adopted at said meeting by the following vote: AYES: COUNCIL MEMBERS: Arness, Fulton, Moss & Buffum NOES: COUNCIL MEMBERS: Dahl ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None ANCY F a ATTEST: City Redding ETHEL NICHOLS, City Clerk FORM APPROVED: N ALL A. HAYS, Citf Attorney • STATE OF CALIFORNIA STANDARD AGREEMENT *PPROVED BY THE TRACT NUMBER STD 2 SEv.� ATTORNEY GENERAL NOWSRRP 031 CONTRACTORS FEDERAL I.D.NUMBER THIS AGRI EMT�hT,nude.nd en.�Ted into this -�1St day of -anl� , 1991 in the State of California,by and between State of California,through its duly elected or appointed,qualified and acting TITLE of oDl ector 3 STATE " ''� epartment Of ousing and Community Development City of Redding hereafter called the Stat► (or the Grantee as appropriate within the context of this Ageement). hereafter called the Contrz:ar. %TTNESSETH: That the Contractor for and in consideration of the covenants,conditions,agreements,and stipulations of the State hereinafter expressed does hereby agree to furnish to t}a State services and materials as follows: (Set forth service to be rendered by Contractor,amount to be paid Contrcctoo !imt for performance or completion,and attach plans and specifications,if any.) i This agreement will provide official notification of the grant award under the State's administration of the Rental Rehabilitation Program for non-formula jurisdictions pursuant to the provisions of d 24 CFR Part 511, and California Health and Safety Code Section 50406. 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. i I CONTINUED ON SHEETS,EACH BEARING NAME OF CONTRACTOR AND CONTRACT NUMBER. 'Me provisions on the reverse side hereof constitute a put of this agreement IN Wr[NESS WHEREOF,this agreement has been executed by the parties hereto,upon the date first above written. STATE OF CALIFORNIA CONTRACTOR AGENCY CONTRACTOR(r ad""Man an gN*A uat atah rhrtlw a ao+poualian,Oa�nashp,aleJ Department of Housing & Community Development City of Redding BY(AUTMORtED SIGNATURE) -- - BY(AUTMORAZEO SIGNATURE) — -- -- -- - — -' PaMrtED NAME OF PERSON SIGNING avis Pitts PRu TNAME AND TITLE OF PERSON SIGNING - TrTVRobert M. Christofferson, City Manager TITLE AOCRESS — Interim Director 760 Parkview- Avenue, Redding, CA 96001-3336 AMOUf#T ENCUMBERED Br Vila PRCAGRAMtCATEGORr(CODE AND TITLE) Fth:D TrU DOM MENT17,5,70 I Dspartmrnt of rsnarof Services (OPTX)NAL LAO use Only PROS AMOUNT ENCUMBEREDFOR T1413 DOCUMENT 0143/41470-$10,699;2143/40229-$6 871 FCN 14.230 $ ITEM CHAPTER STATUTE FISCAL YEAR TOTAL AMOUNT ENCUMBERED TO 240-101-890 93 1990 990/91 DAA OBJECT OF EXPENDITURE(CODE AND TITLE) $ 1701 l hereby oa►*upon my own personal bwwledye that budgeted hinds T.B.A.No. aA NO. are available for tfte period and purpose of the etpend ftm stated above. SIGNATURE OF ACCOUNTING OFFICER D DATE CONTRACTOR STATE AGENCY DEPT.OF GEN.SER. 0 CONTROL—!='q I l:onllat'Inr Lo11744's tit iltdt.ttlnifll'. dcfrnd Loud snr hannit-ss Iht• Stilt-. Its oflict•rs, at„ruts unci cmtllrncrs iron( am Loud all c•laints atxl lucst•s ac•cnting or resulting to ;in% arid all cutitractors, sulx•(ttl- Irat'I,trn. ntatcriLilnlcn ILolxrrcrs aril( an\ othcr lx•rson. (inn or c•nrlxlralinn 1•nnti,hult; yr sul>(Th•ing N„fit. svr\Il'l's. II ILI It•n a is nl sulililivs 111 vi't 1I it ct lt,f) \\It II IIN' lM'ftnrTl11111C•t•til Ihl,till tl rayl. and from all\' ;11111 Lill clallll, :Illd I„ss(•, :cclIlim, for res1llliot: to :111\ pervii1. litin t,r l't-rp,!;llwtl \\htt Ina\ lit- Itljurt•(I of d.oIjja4-d It\ Olt-I;nnlrac•lor in tilt-llt•rfonuancw of this ctltltracl 3. The (:I-lot r.tt lltr. acid tit(- aVVIII, :ultl cnlliluvccs of ('oulrac•lor. in tilt- Ix•rformancr• (Il Illi, agrt•r- n11'11(. shall :1('t In ill IlldIt• eod.•Ill 1':1li;l('ll\ atitl t111t as ollIct•r, or !•Iul,lu\rt', (,r aQ('llis of Stilt- UI (:aliforma :i. The SIa1c nILo\ tcrltlirlatc this agrt•t•nlcnt and Ito- relievwl of tilt- lla\tncul of :til\ cutl,itlt'ration (u l outractor ,hollid (:uutraclur (ail lit lx•rfnnn Illy t„\rnants licrt.in contaitt(•tl al tilt• time atltl in 11x• nlawwr ht rcin Ili-!.ided. Ill tilt•c\t-nt of such termination tilt. titalt• IULo\ llroil—ved with tilt- \cork ill an% •!1.illln'r dct-mvil priyur h\ tilt. Stitt.. The cost tit tilt- Stitt- shall IK' dcllnctt•d for-mi an\ stun( clue tIK• ,mtract(,r andcr this agre.vnlcnl. atltl titr lkilitnce, if aur, shall Ix•l>aici tilt.('ontlactnr uli(u►dt•nlatl(1. a. \\ithitul tilt- \crittcn mitsent (i1 tilt. Stats, thio agreement i, ool a„i_uahh h\ Contractor rilll(•r in \\holt•or ill pal t. i I'iln( is 1.1 lilt (•„cncc in this mirevnit-tlt. (r 1st• :t llcr.il!un „r %allatlttn (-I tit(. I(•rtn, ,1l tilt!- l•unll'at•I ,II:III Ix' t;lltl 111•It ” III:IIh III \\I'It 1I1� .1!Id •1_til•d IN Hit. Il.tf(i,, 11,•r,'t•• :ttld rn•t,ral mid, r,t:11,thu-Z 'tf .I�r('t'lIH'llt In•1 I,"!,rl r.f,1!1'tl IaT•I II- ;16111 In' },I,l•.lin_,•t! ,,n• .d (lu• I7:1fllt, lit-Irl(• , I'lu• ronslticratiun 1,1 Ill• pill (. -ill rarlor. as llrn\ided hcrt in. ,11111 {x nt rnuttt•n,atcon for all of ( olttrartt,r:,c\lK•nw•,incurrt•d is if K• llt•rformattc'c Ito rcnf. illclndin(_ Irax,•I atlfI wr dicnl. tint c.tilhrr- \\int c\llrt:,h 'd,-d t City of Redding Page 3 of 10 90-SRRP-031 8. 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, and in the Grantee's additional information submitted pursuant to the State's requests. 9. Grant Amount For the purposes of performing the Work, the State agrees to pay to Grantee the amount specified as Program Administration in Attachment A. Payment will be made following receipt and approval of the Program Activity Report. The federal government, through its Cash and Management Information (C/MI) System, shall pay to Grantee the amount specified as Housing Rehabilitation in Attachment A, Section 3. In no instance shall the State or Federal government be liable for any costs for the Work in excess of this amount, nor for any unauthorized or ineligible costs. In no instance shall the State be liable for the amounts to be provided through the federal C/MI System. Grantee agrees to administer this grant in accordance with the federal regulations for the Rental Rehabilitation Program, 24 CFR Part 511. 10. Special Conditions The Grantee agrees to comply with the special conditions, if any, contained in Attachment B. 11. Method of Payment Payment of Program Administration funds will be made following receipt and approval of the Program Activity Report. To receive payment for program administration expenses incurred, or to receive an operating advance, the Grantee shall submit, in triplicate and on forms provided by the State, a duly executed Program Activity Report. The Grantee shall i submit all Program Activity Reports to the State at the address stated in Section 28 of this 1 Agreement, 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. The Grantee shall utilize the Cash and Management Lifo;mation (C/MI) System to obtain Housing Rehabilitation funds in accordance with the D,;partrnent of Housingand Urbanj Development's Notice CPD-88-09 or revised versions. Grantees may obtain copy of this 'i notice from the State at the address stated in Section 28 of this Agreement. The Grantee shall utilize the federal contract number(s), as specified in Attachment B, or as otherwise modified by the State, to access the C/MI System. I City of Reddin I 90-SRRP-031 g Page 4 of 10 12. Commencement and Term This agreement is effective upon approval by the State. Grantee agrees that the Work shall not commence prior to execution of this agreement by the State. Grantee agrees that the Work shall be complete by the date specified in Attacinment A, unless a written request fir an extension is approved in advance and in writing by the State. This agreement shall terminate on the date set forth in Attachment A. 13. Grant Termination A. The State may terminate this agreement at any time for cause by giving 14 days written notice to the Grantee. Cause shall consist of violations of any terms and/or Special Conditions of this agreement; the regulations for the Rental Rehabilitation Program, 24 CFR Part 511; upon the request of HUD; or withdrawal of the State's expenditure authority. Upon termination of this agreement, unless otherwise approved in writing by the State,any unexpended funds received by the Grantee shall be returned to the State within 14 days of the Notice of Termination. 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 1990 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. F. The State has the option to terminate this agreement under the 14-day cancellation clause or to amend the agreement to reflect any reduction of funds. 14. Funding Reduction for Non-performance The State may disencumber any portion of the amount authorized by this contract,or reduce the amount accessible through the federal C/MI System N%-Ahout the need for contract amendment, upon fourteen (14) days written notice if the Grantee fails to commit Rental Rehabilitation funds to specific projects in conformity with the schedule submitted by the grantee as part of its program description, or as otherwise approved in writing by the State. This schedule is contained in Attachment A. 15. Contractors and Subcontractors A. The Grantee shall not enter into any agreement, written or oral, and grantee shall ensure that participating rental property owners ("Owners") shall not enter into any agreement,written or oral,with any contractor without the prior determination by the City of Redding 0 90-SRRP-031 Page 5 of 10 State of the contractor's eligibility. A contractor or subcontractor is not eligible to receive grant funds if the contractor or subcontractor is not licensed in good standing in California (if a license is required), or is listed on the federal Consolidated List of Debarred, Suspended, and Ineligible Contractors. B. The Agreement between the Grantee and its contractors or between the Owner and any contractors shall require the contractor and its subcontractors, if any, to: i 1) Perform the Work in accordance with federal, State and local housing and building codes as are applicable. 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. 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. The State 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. 16. 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. B. The State reserves the right to inspect any Work performed hereunder to see that the Work is being and has been pet formed in accordance with the I pplicable 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. City of Redding 90-SRRP-031 Page 6 of 10 17. Records A. All records, accounts, docume-vation and all r-+her materials rele•,ant 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 1 shall cause all records, accounts, documentation and all other materials relevant to the Work to be delivered to the State as depository. I C. All contracts of $10,000 or more between the Grantee and its contractors or between the Owner and its contractors shall contain a provision which indicates that the 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. 18. Audit A. All records, accounts, documentation and other materials deemed relevant to the Work by the State 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 by the Grantee to the State or its designee. 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. Pursuant to OMB Circular A-128, Grantee shall perform an annual audit at the close of each fiscal year in which this agreement is in effect. The costs of the SRRP related portion of the audit may be charged to the program in accordance with Public Law 98-502, OMB Circular A-128. 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. The contract for audit shall include a clause which permits access by the State to the independent auditor's working papers. F. Three copies of all required audit reports shall be submitted to the State Controller's Office within six months of the close of the required audit period. G. The State shall not approve any expenditures for audit prior to receiving an acceptable audit report. City of-Redding 90-SRRP-031 Page 7 of 10 i 19. Rent Control and Anti-Displacement Pursuant to Section §511.11(f) of the Federal Program Regulations a project assisted through this contract is not subject to state or local rent control unless the rent restrictions were eateced into pursuant to state law or local ordinance of general applicability w ' m ch %as effect prior to November 30, 1983, and which are.applicable to projects not assisted under this program. For the purposes of this requirement, rent controls expressly pre-empted by i federal law include, but are not limited to, rent laws or ordinances, rent regu':at ng agreements,rent regulations,occupancy agreements, financial penalties for failure to achieve occupancy or rent projections, or restrictions on return on investment. Where Rental Rehabilitation funds are used in conjunction with other programs which require rental restrictions, those restrictions may be valid if the program was in existence and required the restrictions prior to November 30, 1983. The Grantee shall request the State's interpretation regarding any proposed restrictions which may be subject to this paragraph prior to the drawdown of funds for that project. 20. Displacement and Tenant Relocation Assistance Pursuant to Section 511.14 of the Federal Program Regulations,and the Uniform Relocation Act, 49 CFR Part 24, no household may be displaced without financial and advisory assistance sufficient to enable the household to obtain decent, safe and sanitary housing at affordable rents. Assistance pursuant to this agreement shall not be used to rehabilitate structures which will cause the displacement of very low income families by families who are not of very low income. For the purpose of this section displacement results if a household is forced to move permanently from a project as a direct consequence of rehabilitation assisted under this agreement. Prior to the drawdown of funds the grantee shall adopt a written tenant assistance policy in accordance with Section 511.14 of the Federal Program Regulations. 21. Special Relocation and Displacement Rules applying to CDBG or UDAG funded protects Pursuant to 24 CFR 570, Section 496a or 606 as applicable, if Community Development Block Grant (CDBG), Urban Development Action Grant (UDAG), Section los, or Special Purposes Grants Program funds are used in conjunction with Rental Rehabilitation funds, certain additional anti-displacement provisions apply. These requirements state that all occupied and vacant occupiable low/moderate-income dwelling units that are demolished or converted to a use other than as low/moderate-income dwelling units as a direct result of the use of CDBG, UDAG, Section 108, or Special Purposes Grants Program funds must be replaced with low/moderate dwelling units on a one-for-one basis. Second,certain payments in addition to those required by Section 511.14 of the Federal Program Regulations and 49 CFR Part 24 are required if a tenant is pc;rnanently displaced. Before obligating CDBG, UDAG, Section 108, or Special Purposes Grants Program funds that will directly result in the demolition or the conversion of low/moderate-income dwelling units to another use, the Grantee shall notify the State that it is undertaking such activity prior to the drawdown of Rental Rehabilitation funds to ensure compliance with these provisions. City of Redding Page 8 of 10 90-SRRP-031 22. Reporting Requirements ! Pursuant to Section 511.81 of the Federal program regulations, Grantee� g e shall submit an annual performance report on its rental rehabilitation activities to the State at such time as may be prescribed. i 23. Affirmative Marketing Pursuant to Section 511.13(b) of the Federal P:ogram Regulations, the grantee shall adopt appropriate procedures and requirements for affirmatively marketing units in rehabilitated projects through the provision of information regarding the availability of units that are vacant after rehabilitation or that later become vacant. The Grantee shall establish procedures, requirements and assessment criteria for marketing units that are appropriate to accomplish affirmative marketing objectives. The grantee shall annually assess the affirmative marketing program to determine good faith I efforts that have been made to carry out such procedures and requirements, objectives that have been met, and corrective actions that are required. The grantee 1 shall require compliance with the conditions of its affirmative marketing requirements and procedures by means of an agreement with the Owner that shall be applicable for a period of ten years beginning on the date on which all the units in the project are completed. 24. Discrimination Against Subsidized Tenants Pursuant to Section 511.11(d)(1)(iii) of the Federal Program Regulations, each grantee shall execute an agreement with the Owner under which the Owner agrees not to discriminate against prospective tenants on the basis of their receipt of, or eligibility for, housing assistance under any Federal, State or local housing assistance program or, except for a housing project for elderly persons, on the basis that the tenants have a minor child or children who will be residing with them for at least 10 years beginning on the date on which the rehabilitation of the units in the project is completed. 25. 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 participating owners, contractors, or subcontractors, and the Work. 26. 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 of Program Administration and Housing Rehabilitation funds is hereby conditioned upon compliance with CEQA and NEPA. Upon receipt by the State of satisfactory evidence that the Grantee has completed its environmental review process, the State shall forward to HUD the necessary documents to permit the grantee access to the GMI System. 1 City of,Redding Pae 9 of 10 9Q-SRRP-031 g 27. Compliance with Federal Laws and Regulations The Grantee agrees to comply with all federal laws and regulations applicable to the SRRP Program and to the Work, and with the required federal provisions set forth in Attachment E 28. State Coordinator i The coordinator of this agreement for the State is the Program Manager for the State Rental Rehabilitation Program, Division of Community Affairs, or the Grant Unit j Chiefs designee. Any notice, report, or other communication required by this Agreement shall be mailed by first class mail to the State Coordinator at the following address: Department of Housing and Community Development Division of Community Affairs Community Development Program P.O. Box 952054 Sacramento, California 94252-2054 Attention: SRRP Program Manager Phone: (916) 445-6000 29. Purchase of Equipment Prior to the drawdown of funds for the Grantee's purchase of any equipment or fixtures with a useful life of at least one year and a cost of at least $5,000, Grantee shall submit a detailed justification of the need for the equipment or fixtures for review and approval by the State. 30. Certified Resolution This agreement shall be accompanied by a certified resolution from the Grantee's governing body authorizing its execution. 31. Waivers No waiver of any breach of this agreement shall be held to be a waiver of any prior or subsequent breach. The failure of the State to enforce at any time the provisions of this agreement or to require at any time performance by the Contractor of these provisions, shall in no way be construed to be a waiver of such provisions nor to affect the validity of this agreement or the right of the State to enforce these provisions. 32. Litigation a. If any provision of this agreement, or an underlying obligation, is held invalid by a court of competent jurisdiction, such invalidity, at the sole discretion ofthe State, shall not affect any other provisions of this agreement and the remainder of this agreement shall remain in full force and effect. Therefore, the provisions of this agreement are, and shall be, deemed severable. i City of Redding Page 10 of 10 90-SRRP-031 0 b. The Grantee shall notify the State immediately of any claim or action undertaken by or against it which affects or may affect this agreement or the State and shall take such action with respect to the claim or action as is consistent with the terms of this agreement and the interests of the State. 33. N. ILRB Certification I The Grantee warrants by execution of this Agreement and does swear under penalty of ! perjury that no more than one final unappealable finding of ront,�mpt of court by a Federal Court has been issued against the Contractor within the immediately preceding two-year period because of the Contractor's failure to comply with an order of a Federal Court which orders the Contractor to comply with an order of the National Labor Relations Board. 34. Liabilijj Insurance Contractor shall have and maintain liability insurance in an amount deemed satisfactory to the State. Prior to drawdown of funds, the Contractor shall provide to the State coordinator for review and approval a certificate of insurance. d ' City of Redding ATTACHMENT A 90-SRRP-031 Page 1 of 2 I ' 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, 1800 Third Street, Third Floor, 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: 1. Rehabilitation of rental dwelling units 2. Program Administration C. Notwithstanding Section 6 of this Standard Agreement, Grantee shall request written approval from the State when a program or budget revision is needed as required by Section 7114, Title 25 of the California Code of Regulations. 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. Section 2 - Timeframes A. All Work shall be completed by March 31, 1993. This date and the schedule of fund commitment stated below may be changed without amendment to this agreement upon prior written approval of the State coordinator. However, the expiration date of the contract may be altered only by formal amendment of this agreement. B. The City must commit Rental Rehabilitation funds to specific local projects according to the following schedule: Quarter Ending Date Cumulative Amount to Be Committed June 30, 1991 $95,609 September 30, 1991 $191,216 December 31, 1991 $286,823 March 31, 1992 $382,430 C. Close-out shall commence by April 1, 1993. D. This Agreement shall expire on June 30, 1993. I City of Redding ATTACHMENT A 1 90-SRRP-031 Page 2 of 2 Section 3 - Grant Amount and Operating Budget i A. Specifics of the operating budget shall be agreed upon by the State and Grantee prior to drawdown of any funds. B. The grant amount is $17,570 to be used for Program Administration. Grantee shall have access to the federal C/MI System for $382,430 to be used for Housing Rehabilitation. Section 4 - Access to federal Cash and Management Information (C/MI) System A. The City shall utilize federal contract number R-90-SG-06-0107 when utilizing the federal C/MI system. r „f ... .- --o' r - wow r-s �. • j City of Redding ATTACHMENT B 90-SRRP-031 Page 1 of 2 I SPECIAL CONDITIONS 1 1. There are no special conditions. City of Redding ATTACHMENT C i 90-SRRP-031 Page 1 of 1 i Labor Standards I. 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 u any contract or subcontract. A. "I am aware of the provisions of Section 1720 et e s . of the California --.q Labor Code which requires that the State prevailing wage rate shall be paid to employees where this rate exceeds the federal wage rate." i 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 pro%ided 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 and is not paid overtime." 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 twelve 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 ender 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. City of Redding ATTACHMENT D 90-SRRP-031 Page 1 of 3 ual Opportunity J1. The Civil Rights. HCD, AgeDiscrimination, and R,habilitation Acts Assu range: 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, and the Age Discrimination Act of 1975 and all implementing regulations. 2. Rehabilitation Act of 1973 and the "504 Coordinator": The Grantee further agrees to implement the Rehabilitation Act of 1973, as amended, and its regulations, 24 CFR Part 8, including but net limited to, for Grantees with 15 or more permanent full or part time employees, the local designation of a specific person charged with local enforcement of this Act, as the -504 Coordinator". 3. 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 contractual or other disability which would prevent them from complying with these requirements. c) The Grantee will send to each labor organization or representative of workers with which he/she has a collecti%a bargaining ag;cement 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 a%ailable to employees and applicants for employment or training. City of Redding ATTACHMENT D 90-S" .031 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, stake appropriate action pursuant to the contract upon a finding that the Grantee or any contractor or subcontractor is in violation of regulations j 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 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. 4. State Nondiscrimination Clause: a. During the performance of this contract, contractor and its subcontractors shall not unlawfully discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical handicap, medical condition, marital status, age (over 40) or sex. Contractors and subcontractors shall insure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination. Contractors and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code, Section 12900 et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 72580 et seq.) The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 12990, set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations are incorporated into this contract by reference and made a pact hereof as if set forth in full, Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. b. This contractor shall include the nondiscrimination and compliance provisions of this clause in al subcontracts to perform work under the contract. 5. Assurance of Compliance with Requirements Placed on Construction Contracts of $10,000 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 Employment City of Redding ATTACHMENT D 90-SRRP-031 Page 3 of 3 Opportunity,Construction Contract Specifications. Grantee furthermore agrees to insert the appropriate Goals and Timetables issued by the U.S. Department of Labor in such contracts and subcontracts. Grantee shall contact the State for further guidance { regarding compliance with this requirement. City of Redding ATTACHMENT E 90-SRRP-031 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,lease, 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(s) 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: d 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 a�q., the federal Water Pollution Control Act, as amended, 33 USC 1251 City of Redding ATTACHMENT E 90-SRRP-031 Page 2 of 3 Lt sem. .;and the regulations of the Environmental Protection Agency with respectthereto, at 40 CFR Part 15, as amended from time to time. 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 transactionthereunder funded with assistance pro--ided 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. j d) Agreement by the contractor that he win 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 I PoDution Control Act. 4. Architectural barriers: Every building or facility, other than a privately-owned residential structure, designed, constructed, or altered with Rental Rehabilitation funds shall comply with the requirements of 24 CFR Parts 40 and 41 issued pursuant to the Architectural Barriers i Act of 1968 (42 U.S.C. 4151). 1 City of Redding ATTACHMENT E 90-SRRP-031 Page 3 of 3 5. 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 jthe 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(f) of the Housing and Community Development Act of 1974. 6. 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. 7.. Interest of Members Officers or Employees of Contractors Members of Local Governing Bodv, or other Public Officials: Pursuant to Section 511.12 of the Federal Program Regulations no person,who is 1) an employee, agent, consultant, officer or elected or appointed official of the grantee that receives rental rehabilitation grant amounts and who exercises or has exercised any function or responsibilities with respect to assisted rehabilitation activities or 2) in a position to participate in a decision making process or gain inside information with regard to such activities, may obtain a personal or financial interest or benefit from the activity, or have an interest in any contract, subcontract or agreement with respect thereto,or the proceeds thereunder,either for themselves or those with whom they have family or businesses ties, with certain exceptions granted by HUD pursuant to Section 511.12 of the Federal Program Regulations, during their tenure of for one year thereafter. 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. i 8. Prohibition Against Payments of BCommission: I onus or — 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 the applications for additional assistance, or any other approval or concurrence of HCD required under this Agreement, Section 301 of the Housing and Urban-Rural Recovery Act of 1983; 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.