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HomeMy WebLinkAboutReso 1990-139 - Approving the grant agreement for the 1989 state rental rehab f 411 , 410 { C RESOLUTION NO. 90 .01 9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING APPROVING THE GRANT AGREEMENT FOR THE 1989 STATE RENTAL REHABILITATION PROGRAM. WHEREAS, the City of Redding submitted an application for funding to the State of California State Rental Rehabilitation Program and was awarded a contract on December 22, 1989 by the Department of Housing and Community Development in the amount of $14,430. This contract also authorizes access to the Federal Cash and Management Information System in the amount of $274,163; 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 AND ORDERED 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 Administrator 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 3rd day of April , 1990, and was duly adopted at said meeting by the following vote: AYES: COUNCIL MEMBERS: Dahl , Fulton, Johannessen, & Buffum NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Carter ABSTAIN: COUNCIL MEMBERS: None 7%4'. 'NANCt; ' FUM, V Mayor City of Redding ATTEST: • ETHEL A. NI HOLS, City Clerk FORM APPROVED: Z, 4 RAN ALL A. HAYS, Cit/ Attorney Yu 1`C, STATE OF CALIFORNIA CONTRACT NUMBER AM. NO. ❑ CONTRACTOR S►'Mi )AR® AGREEMENT - A VED BY THE AT,ORNEYY GENERAL •- •- ❑ STATE AGENCY STD. 2(REV. 7/88) CONTRACTOR'S STATE I.D. NUMBER ❑ DEPT. OF GEN. SER. ❑ CONTROLLER R-89-SG-06-0121 ❑ THIS AGREEMENT, made and entered into this 15th day of December , 1982, ❑ in the State of California, by and between State of California, through its duly elected or appointed, qualified and acting TITLE OF OFFICER ACTING FOR STATE AGENCY Department of , hereafter called the State, and Director Housing and Community Development City of Redding (or the Gr • - - _ . . •S • • .- - ' • ••' a - •s - • a• Agrt en1Pnt) hereafter called the Contractor. WITNESSETH: 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 the State services and materials, as follows: (Set forth service to be rendered by Contractor,amount to be paid Contractor,time for performance or completion,and attach plans and specifications,if any.) This agreement will provide official notification of the grant award under the State's administration of the State Rental Rehabilitation Program for eligible non-formula communities pursuant to the provisions of Section 17 of the U.S. Housing Act of 1937, as interpreted by 24 CFR Part 511 (hereinafter the "Federal Program Regulations"), California Health and Safety Code 50406. In accepting this grant award, the grantee agrees to comply with the terms and conditions of this agreement and 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. The Grantee shall utilize the federal Cash and Management Information (C/MI) System for the Rental Rehabilitation Program to obtain Housing Rehabilitation funds. The Grantee shall obtain Program Administration funds through the procedure established by this contract. CONTINUED ON _ SHEETS, EACH BEARING NAME OF CONTRACTOR AND CONTRACT NUMBER. The provisions on the reverse side hereof constitute a part of this agreement. IN WITNESS WHEREOF, this agreement has been executed by the parties hereto, upon the date first above written. STATE OF CALIFORNIA CONTRACTOR AGENCY CONTRACTOR (IF OTHER THAN AN INDIVIDUAL STATE WHETHER A CORPORATION. PARTNERSHIP. ETC.) - a. .. - . • . . sun . . lb - - • •n' I City of Redding BY UTHORIZED SIGNATURE) - BY(AUTHORIZED SIGNATURE) X X PRINTED NAME OF PERSON SIGNING PRINTED NAME AND TITLE OF PERSON SIGNING ..inda A. Powell TITLE ADDRESS ;'11"ainistration Division 760 Parkview Avenue, Redding, CA 96001 AMOUNT ENCUMBERED BY PROGRAM/CATEGORY(CODE AND TITLE) FUND TITLE THIS DOCUMENT Department of General Services 14,430 20 Community Affairs FT.F$ Use Only (OPTIONAL USE) PRIOR AMOUNT ENCUMBERED FOR THIS CONTRACT 2143/40229 14,430 . FCN 14.230 ITEM CHAPTER STATUTE FISCAL YEAR TOTAL AMOUNT ENCUMBERED 2240-101-890 93 1989 1989/90 TO DATE OBJECT OF EXPENDITURE(CODE AND TITLE) 661701 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 above. SIGNATURE OF ACCOUNTING OFFICER DATE X 88 49089 • • City of Redding Page 3 of 11 89-SRRP-021 8. Work to be Performed The Grantee agrees to perform fully the work described in Attachment A, Section 1, (hereinafter "the Work") and more fully described in the Application. The State reserves the right to review and approve all Work to be performed by the Contractor in relation to this agreement. Any deviation from the Work Description in Attachment A, without express written permission from the State, is prohibited. 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, Section 3. 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. 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 submit all Program Activity Reports to the State at the address stated in Section 28 of this 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 Information (C/MI) System to obtain Housing Rehabilitation funds in accordance with the Department of Housing and Urban Development's Notice CPD-88-09 or revised versions. Grantees may obtain a copy of this notice from the State at the address stated in Section 28 of this Agreement. The Grantee shall utilize the federal contract number, as specified in Attachment B, to access the C/MI System. 1111 • City of Redding Page 4 of 11 89-SRRP-021 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 Attachment A, unless a written request for 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 10 days written notice to the Grantee. Cause shall consist of violations of any terms and/or Special Conditions of this agreement; the Federal Program Regulations, Section 17 of the U.S. Housing Act of 1937, as amended; 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 30 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 1988 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. 111 City of Redding Page 5 of 11 89-SRRP-021 14. Funding Reduction for Non-performance As authorized by the Federal Program Regulations, Section 511.51(b)(1), the State may disencumber any portion of the amount authorized by this contract, or reduce the amount accessible through the federal C/MI System without 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. This schedule is contained in Attachment A. 15. Contractors and Subcontractors A. The 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 State of the contractor's eligibility. A contractor or subcontractor is not eligible to receive grant funds if the contractor 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 Owner 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. 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. • City of Redding Page 6 of 11 89-SRRP-021 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 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. 17. 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 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 I • City of Redding Page 7 of 11 89-SRRP-021 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. 19. Rent Control and Anti-Displacement Pursuant to Section §511.10(b) 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 entered into pursuant to state law or local ordinance of general applicability which was in 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 federal law include, but are not limited to, rent laws or ordinances, rent regulating 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. • City of Redding Page 8 of 11 89-SRRP-021 20. Displacement and Tenant Relocation Assistance Pursuant to Section 511.10(h) 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 511.10(h)(2) of the Federal Program Regulations. 21. Special Relocation and Displacement Rules applying to CDBG or UDAG funded projects Pursuant to 24 CFR 570, Section 496a or 606 as applicable, if post October 1, 1988 Community Development Block Grant (CDBG) or Urban Development Action Grant (UDAG) funds are used in conjunction with Rental Rehabilitation funds, certain additional anti-displacement provisions apply. Recipients of Small Cities CDBG funds are advised that these anti-displacement provisions only apply to grants funded from the 1989 funding cycle. The use of CDBG or UDAG funds for administration does not trigger these anti-displacement provisions. First, 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 or UDAG 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 511.10(h) of the Federal Program Regulations and 49 CFR Part 24 are required if a tenant is permanently displaced. Before obligating CDBG or UDAG 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 or HUD, as appropriate, that it is undertaking such activity prior to the drawdown of Rental Rehabilitation funds to ensure compliance with these provisions. 22. Reporting Requirements Pursuant to Section 511.81 of the Federal program regulations, Grantee shall submit an annual performance report on its rental rehabilitation activities to the HUD field office at such time as HUD may prescribe. A copy of this report shall also be provided to the State at the address stated in Section 28 of this Agreement. City of Redding Page 9 of 11 89-SRRP-021 23. Affirmative Marketing Pursuant to Section 511.10(m)(2) of the Federal Program 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 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 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 seven years beginning on the date on which all the units in the project are completed. 24. Discrimination Against Subsidized Tenants Pursuant to Section 511.10(j) 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. No Program Administration or Housing Rehabilitation expenses may be incurred until Grantee complies with the requirements of CEQA and NEPA. Upon receipt by the State of the Grantee's certification of compliance with the environmental review requirements, the State shall forward to HUD the necessary documents to permit the grantee access to the C/MI System. • City of Redding Page 10 of 11 89-SRRP-021 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 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 Chief's 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. • City of Redding Page 11 of 11 89-SRRP-021 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 of the 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. 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. NLRB Certification The Grantee warrants by execution of this Agreement and does swear under penalty of perjury that no more than one final unappealable finding of contempt 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. Liability 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. •• ' • City of Redding • ATTACHMENT A 89-SRRP-021 Page 1 of 2 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. Housing Rehabilitation 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. 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 - Completion Dates A. All Work shall be completed by March 31, 1991 in accordance with the approved milestones in the Application. 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 termination 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, 1990 $ 68,541 September 30, 1990 $137,082 December 31, 1990 $205,622 March 31, 1991 $274,163 C. Close-out shall commence by January 1, 1993. D. This Agreement shall expire on March 31, 1993. City of Redding ATTACHMENT A 89-SRRP-021 Page 2 of 2 Section 3 - Grant Amount and Operating Budget A. Specifics of the operating budget shall be agreed upon by the State and Granteeprior to drawdown of any funds. B. The grant amount is $14,430 to be used for Program Administration. Grantee shall have access to the federal C/MI System for $274,163 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-89-SG-06-0121 when utilizing the federal C/MI system. • • SPECIAL CONDITIONS City of Redding ATTACHMENT B 89-SRRP-021 Page 1 of 1 There are no special conditions. • • City of Redding ATTACHMENT C 89-SRRP-021 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 §s4. 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 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 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. • • City of Redding ATTACHMENT D 89-SRRP-021 Page 1 of 2 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 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 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. 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 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. s • City of Redding ATTACHMENT D 89-SRRP-021 Page 2 of 2 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. 3. 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. b) 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 Administrative Code, Title 2, Section 7285.0 et seq.). The applicable regulations of the Fiar Employment and Housing Commission implementing Government Code, Section 12990, set forth in Chapter 5 of Division 4 of Title 2 of the California Administrative Code are incorporated into this contract by reference and made a part hereof as if set forth in full. c) 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. d) This contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the contract. 4. 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 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. o • City of Redding ATTACHMENT E 89-SRRP-021 Page 1 of 2 Other Required Federal Provisions 1. Affirmative Marketing: Pursuant to Section 511.10(m)(1)(2) of the Federal Program 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. Affirmative marketing steps consist of good faith efforts to provide information and otherwise to attract eligible persons from all racial, ethnic and gender groups in the housing market area to the available housing. 2. 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 Act of 1968 (42 U.S.C. 4151). 3. 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(t) thereof. 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(f) of the Housing and Community Development Act of 1974. 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. • • City of Redding ATTACHMENT E 89-SRRP-021 Page 2 of 2 6. Interest of Members, Officers, or Employees of Contractors, Members of Local Governing Body, or other Public Officials: Pursuant to Section 511.11 (e) 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 511.11 (e) 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. 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 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.