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HomeMy WebLinkAboutC-2738 - Landscaping of Traffic Median on Irvine Avenue from University to Santa Isabella„Y . r.- .!''Y` vOUNCIL CITY 'A "4EWPORT BEACI' FEB 13 1989 CITY OF NEWPORT BEACH Parks, Beaches and Recreation Department February 13, 1989 CITY COUNCIL AGENDA ITEM NO-P-34) TO: Mayor and City Council FROM: Parks, Beaches and Recreation Director SUBJECT: Cooperative Agreement with the County of Orange for the Landscaping of the Traffic Median on Irvine Avenue from University to Santa Isabella Recommendation: Authorize the Mayor and City Clerk to execute a cooperative agreement with the County of Orange that enables a contribution of $10,000.00 toward the landscape project of the traffic median on Irvine Avenue. Discussion: The Department has a project in this fiscal year to provide landscaping in the unimproved traffic median on Irvine Avenue from University to Santa Isabella. This median was barren for a number of years due to the fact that the Newport Beach and County lines bisect the median and a cooperative project could not be negotiated. Approximately a year ago the County agreed to contribute $10,000.00 to this project that will be administered by the City. Preliminary plans for this area are for safety mow strips, irrigation and turf to be installed. No trees will be planted which makes this area consistent with the remainder of Irvine Avenue. Trees are not planted in this location due to the panoramic view of the Back Bay from Irvine Avenue. Ronald A. Whitley 1 2 3 4 5 6 7 8 91 101 111 12 131 14 15 16� 17I 18 19 20' 21 22 23j 24i 25' 26 27i 281 E COUNTY OF ORANGE ENVIRONMENTAL MANAGEMENT AGENCY HOUSING AND COMMUNITY DEVELOPMENT CONTRACT TITLE OF PROJECT: Irvine Avenue Median Improvements 19 AL. C- 7)S Contract No. C40715 I MEMORANDUM OF CONTRACT entered into this CP& L' 1 day of , M -Zic 1 wtiupi —pfd l and CITY OF NEWPORT BEACH, a municipal corporation, hereinafter referred to as CITY, COUNTY OF ORANGE, a political subdivision of the State of California and recognized Urban County under the Federal Housing and Community Development Act of 1974 (Public Law 93 -383), as amended, hereinafter referred to as COUNTY. WHEREAS, the COUNTY has entered into a separate agreement dated July 12, 1988 with the U.S. Department of Housing and Urban Development (hereinafter referred to as HUD) to fund said project under the Housing and Community Development Act of 1974 (Public Law 93 -383), as amended. NOW, THEREFORE, IT IS AGREED by and between the parties that the following provisions as well as all applicable Federal, State and County laws and regulations including the attached SPECIAL PROVISIONS, identified as EXHIBIT "A ", and all other attached Exhibits, are part of this Contract. 1. For the PURPOSES OF THIS CONTRACT the following definitions shall apply: a. Project Manager: The party responsible for, but whose responsibility is not limited to the following: Contracting, monitoring and implementing the project through completion. b. Construction Bid Package: A package of bidding documents which includes proposal, bidding instructions, contract documents, detailed estimated costs and plans and specifications for a construction project, all prepared in accordance with applicable Federal regulations. c. Director: The Director of the Orange County Environmental Management -1- 0 . Contract No. C40715 1 Agency (hereinafter referred to as EMA) or his designee. 2 d. Reimbursable Basis: The CITY will provide the funds for the project and 3 submit proof of payment to the COUNTY, whereby upon approval, the COUNTY will forward 4 Community Development Block Grant (hereinafter referred to as CDBG) funds to repay the 5 CITY. 6 2. It is understood that the CITY will act as PROJECT MANAGER for the project 7 described as: design and installation of median improvements within the Orange County 8 right -of -way for Irvine Avenue southerly of Bristol Street to include water lines, 9 landscaping and any other improvements within the median and long -term maintenance, 10 therefore. 11 3. It is agreed by all parties that the project shall be completed and all 12 funds provided through this Contract shall be expended on eligible project activities 13 prior to September 30, 1989. Invoices for all approved project costs funded by the 14 Block Grant under this Contract shall be submitted within 180 days after the above 15 date. The date for project completion and expenditure of all funds may be extended at 16 the discretion of the DIRECTOR through written notification to the CITY. In the event 17 of such an extension, the deadline for submittal of invoices shall be 180 days after the 18 new completion date. 19 4. CITY agrees: 20 a. Any proposed amendment to this Contract shall be submitted to and 21 approved by the COUNTY, prior to commencement by CITY of any activity covered by said 22 amendment. 23 b. To submit any and all third -party contracts proposed for funding through 24 this Contract to DIRECTOR for review and approval prior to award of such contracts by 25 CITY. 26 c. To be responsible for design and inspection, including funding the costs 27 related to those activities, unless funding for design and inspection activities is 28 provided for in Section 5.a, of this Contract. -2- 1 0 Contract No. C40715 d. To submit the Construction Bid Package for this project to DIRECTOR for review prior to advertising for bids on the construction contract or prior to award of such a contract if an alternative method of award is used. CITY shall not advertise for bids until DIRECTOR has approved Construction Bid Package. CITY shall construct project in accordance with the Construction Bid Package which DIRECTOR approved unless prior itten approval is received from DIRECTOR for modification therefrom. 7 e. To comply with CDBG Program Regulations, as may be periodically revised 8 by BUD, Office of Management and Budget, or other Federal agencies, and including laws 9 and policies applicable to the CDBG Program. 10 f. That the project shall be implemented and appropriately maintained for 11 Community Development purposes as defined by applicable HUD provisions to ensure maximum 12 feasible benefit and utilization of the project by low- and moderate- income persons. 13 g. To maintain accounting records, official files, and other evidence 14 pertaining to costs incurred as required by all applicable BUD regulations, and all of 15 these shall be accessible for the purposes of monitoring, audits, reporting and 16 examinations by duly authorized representatives of COUNTY or HUD. These records shall 17 be kept available at CITY's office during the project's contract period and thereafter 18 for three (3) years from the date of final CITY receipt of HUD CDBG funds through this 19 Contract. 20 h. That DIRECTOR shall periodically evaluate the CITY's progress in 21 complying with the terms of this Contract. CITY shall cooperate fully during such 22 monitorings. DIRECTOR shall report the findings of each monitoring to the CITY and 23 Orange County Board of Supervisors. If it is determined by the Board of Supervisors 24 that CITY performance or progress on performance is unsatisfactory, the Board of 25 Supervisors may withhold further funding on the project pending resolution of the 26 27 28 unsatisfactory condition(s), or may terminate this Contract. In addition, the Board of Supervisors may require the CITY to reimburse COUNTY any funds that it determines to be improperly expended or not expended on the project in a timely manner based on -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15', 16 17 181 W-01 20 21 22 23 24 25 26 27 28 Contract No. C40715 applicable CDBG Program Regulations. i. That if it is determined by HUD that funds were not expended in compliance with the applicable Federal laws and regulations, CITY will refund to COUNTY within ninety 90 days thereafter such sums as were determined by HUD to have been improperly expended. j. When the project is completed, all unexpended funds remaining will be returned to the COUNTY as soon as practicable, but in any event, within 180 days thereafter. DIRECTOR may then reallocate returned funds to another Urban County project(s) previously approved by the Board of Supervisors. Returned funds as such, may be allocated by the DIRECTOR up to a maximum of Ten Thousand Dollars and no /100 ($10,000.00). k. Should the COUNTY receive returned funds from other Urban County projects, funding for this Contract, upon proof of anticipated cost overruns, may be increased by up to 10% of total Contract amount to a maximum of Ten Thousand Dollars and no /100 ($10,000.00) at the discretion and upon written authorization of the DIRECTOR. 1. To assume responsibility for compliance with the California Environmental Quality Act (CEQA) and to provide COUNTY with necessary information to comply with the National Environmental Policy Act (NEPA) prior to commencing project implementation. This may include, when applicable, CITY preparation of NEPA documentation in coordination with County staff. 5. Project Funding: a. Project will be financed under this Contract as follows: Total CDBG Funds no /100) . $10,000.00 (Ten Thousand Dollars and b. COUNTY shall not be responsible for any costs which exceed the approved CDBG funding amount as referenced in section 5.a. unless otherwise provided in advance as referenced in Section 4.k. c. Payment by the COUNTY to the CITY shall be on a reimbursable basis -4- . Contract No. C40115 1 unless CITY has been authorized and issued cash advances by COUNTY under this Contract. 2 d. Cash advances requested by the CITY under this Contract shall be made by 3 the COUNTY to the CITY if the following conditions are met: 4 (1) The CITY has demonstrated to DIRECTOR through certification in a 5 form prescribed by DIRECTOR and subsequently through performance, its willingness and 6 capacity to establish CITY financial procedures that will minimize the time elapsing 7 between the receipt of funds and proper disbursement of such funds. 8 (2) The CITY certifies to DIRECTOR, that the CITY's financial 9 management system meets the standards for fund control and accountability prescribed in 10 Office of Management and Budget Circular No. A -102, as amended from time to time. 11 (3) The CITY complies with the cash advance procedures required by 12 financial procedures of EMA. These procedures require that upon written receipt of 13 funds from the COUNTY, the CITY shall disburse payment(s) to vendor(s) within five (5) 14 orking days and submit evidence of such disbursement(s) (i.e., warrant copies, etc.) to 15 the COUNTY. 16 If the CITY is subsequently found, by DIRECTOR, to be in 17 noncompliance with Section 5.d.(1) through Section 5.d.(3), CITY shall be paid on a 18 reimbursable basis. 19 e. Reimbursable basis payments, as referred to in Section 5.c. above, 20 and /or cash advances described in Section 5.d. above, shall be made in accordance with 21 EM financial procedures. In the event of conflict between EMA financial procedures and 22 any applicable statutes, rules or regulations of HUD, including Office of Management and 23 Budget Circular No. A -102, the latter shall prevail. 24 6. CITY must inform the DIRECTOR (through periodic reports requested by EMA 25 staff) of any income generated by the expenditure of CDBG funds received by the CITY; 26 and that per applicable Federal requirements, certain program income must be paid to the 27 COUNTY (e.g., interest earned on CDBG cash advances); and /or, the CITY may retain such 28 program income only if that program income is used exclusively for eligible activities, -5- . Contract No. C40715 I' 1 at the discretion of the DIRECTOR, and in accordance with all CDBG requirements as may 2 then apply. 3 a. CITY shall keep and maintain appropriate records on the use of any such 4 program income as may be required by EMA staff since the COUNTY has the responsibility 5 of monitoring and reporting program income to BUD. 6 b. In the event of CITY close -out or change in status of the participating 7 CITY in the Urban County CDBG Program, any program income at that time or received 8 subsequent to the close -out or change in status shall be paid by CITY to the COUNTY 9 within 90 days thereafter. 10 7. Any proposed modification or change in use of real property acquired or 11 improved in whole or in part by CDBG funds from that planned at the time of the 12 acquisition or improvement, including disposition, must be reported by CITY to the i� 13 COUNTY and receive COUNTY concurrence thereto in advance of implementing the 14 modification or change in use. i 15 a. Should the disposition, sale or transfer of such real property acquired 16 or improved in whole or in part using CDBG funds result in a use which does not qualify 17 under CDBG Regulations, the COUNTY shall be reimbursed by CITY in an amount equal to the j 18 current fair market value (less any portion thereof attributable to expenditures of non- 19 CDBG funds). 20 b. Any program income generated from the disposition, transfer or sale of 21 such property prior to or subsequent to the CITY close -out or change in status of the 22 CITY in the Urban County CDBG Program may be either used by CITY for other specific 23 eligible activities in the CITY or paid to the COUNTY for other eligible Urban County 24 activities, as determined in advance of the expenditure at the discretion of the COUNTY. 25 8. CITY shall obtain an annual audit performed in accordance with OMB Circular 26 A128 and forward a copy to DIRECTOR as soon as the audit report becomes available. 27 DIRECTOR shall have the right to ensure- that necessary corrective actions are made by 28 the CITY for any audit findings pertinent to CITY handling of funding attributable to -6- f • . Contract No. C40715 1 the CDBG Program or the CDBG Program per Federal requirements. 2 9. Neither COUNTY nor any officer nor employee thereof shall be responsible for 3 any damage or liability occurring by reason of any action or omission of CITY or its 4 agents, associates, contractors, subcontractors, materialmen, laborers, or any other 5 persons, firms, or corporations furnishing or supplying work service, materials, or 6 supplies in connection with CITY's performance of this Contract and from any and all 7 claims and losses accruing or resulting to any persons, firm or corporation for personal 8 injuries or property damage resulting from or as a consequence of, CITY's performance of 9 this Contract under or in connection with any work, authority or jurisdiction delegated 10 to CITY under this Contract. It is also understood and agreed that, pursuant to 11 California Government Code Section 895.4, CITY shall fully indemnify, defend and hold 12 COUNTY harmless from any liability imposed for injury (as defined by California 13 Government Code Section 810.8) occurring by reason of any action or omission of CITY 14 under or in connection with any work, authority or jurisdiction delegated to CITY under 15 this Contract. CITY shall act in an independent capacity and not as officers, employees 16 or agents of COUNTY. 17 10. Neither CITY nor any officer nor employee thereof shall be responsible for 18 any damage or liability occurring by reason of any action or omission of COUNTY, its 19 agents, associates, contractors, subcontractors, materialmen, laborers, or any other 20 persons, firms, or corporations furnishing or supplying work, service, materials, or 21 supplies in connection with COUNTY's performance of this Contract and from any and all 22 claims and losses accruing or resulting to any persons, firm or corporation for personal 23 injuries or property damage resulting from or as a consequence of COUNTY's performance 24 of this Contract under or in connection with any work, authority or jurisdiction 25 delegated to COUNTY under this Contract. It is also understood and agreed that, 26 pursuant to California Government Code Section 895.4, COUNTY shall fully indemnify, 27 defend and hold CITY harmless from any-liability imposed for injury (as defined by 28 California Government Code Section 810.8) occurring by reason of any action or omission -7- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27', 28 • . - Contract No. C40715 of COUNTY under or in connection with any work, authority or jurisdiction delegated to COUNTY under this Contract. COUNTY shall act in an independent capacity and not as officers, employees or agents of CITY. 11. Where contract funds are withheld, and at the request and expense of CITY, COUNTY will accept securities equivalent to the amount withheld. Such substituted security, meeting the requirements of Government Code Section 4590, shall be. deposited with COUNTY, or with a State or Federally chartered bank as escrow agent. If security is deposited with an escrow agent, it shall be covered by an escrow agreement. 12. In the event of CITY's failure to comply with the provisions of this Contract, COUNTY may withhold or require CITY reimbursement of funds, and /or terminate this Contract, and /or allocate funds previously assigned to this Contract to another eligible project(s) within the Urban County. M • Contract No. C40715 1 IN WITNESS WHEREOF, CITY has caused this Contract to be executed by its Mayor 2 and attested by its Clerk; COUNTY has caused this Contract to be executed by the 3 Chairman of the Board of Supervisors and certified by Clerk of the Board, all having 4 been duly authorized by the City Council of CITY and the Orange County Board of 5 Supervisors. 6 7 CITY OF NEWPORT BEACH 8 9 Dated: BY '*"-mayor r�NX! Pp 10 ATTEST: : I y'�. i �TOii•. V 12 / City Clerk U c>-"�--,�� ,. 13 ORANGE, a political subdivision of the ate of California 14 15 Dated: -� �� l BY Chairman of the Board of Supervi rs 16 COUNTY 17 SIGNED AND CERTIFIED THAT A COPY OF 18 THIS DOCUMENT HAS BEEN DELIVERED TO 19 THE CHAIRMAN OF THE BOARD. 20� LINDA D. ROM 21 Clerk of the Board of Super sorts b1 22 of Orange County, California 23 APPROVED AS TO FORM: ADRIAN RUYPER, COUNTY COUNSEL 24 ORANGE COUNTY, CALIFORNIA 25 26 BY 27 H /CD RER:maWP9 -12.2 28 01/17/89 -9- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25j 261 27 28 • Abit "A" to COUNTY /CITY Contract SPECIAL PROVISIONS A. Section 3 - Compliance with the Provision of Training Employment and Business Opportunity The CITY shall cause or require to be inserted in full in all contracts and subcontracts for work financed in whole or part with federal financial assistance provided under this Contract, the Section 3 clause set forth in 24 CFR 135.20(b). The CITY will provide such copies of 24 CPR Part 135, as may be necessary for the information of parties to contracts required to contain the said Section 3 clause. Section 3 requires that to the greatest extent feasible, opportunities for training and employment be made available to lower income residents within the unit of local government or metropolitan area (or non - metropolitan county), in which the project is located. In addition, to the greatest extent feasible, contracts for work in connection with the project shall be awarded to business concerns which are located in, or in substantial part owned by, persons residing in the same unit of local government or metropolitan area (or non - metropolitan county), in which the project is located. The parties to this contract 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 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of this contract. The CONTRACTOR shall take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the Secretary of Housing and Urban Development, 24 CFR 135. The CONTRACTOR will not subcontract with any subcontractor where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR 135. 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 April 1, 1984.) B. Egual Employment Opportunity (Source: Title 24 CFR 135 revised In carrying out the program, the CITY shall not discriminate against any -1- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21j 22 23 24 25 261 27 28 • E bit "A" to COUNTY /CITY Contract termination; rates of pay or other forms of compensation and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the CITY I setting forth the provisions of this nondiscrimination clause. 2. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. 3. The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice advising the said labor union or worker's representatives of the contractor's commitment under Section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice on conspicuous places available to employees and applicants for employment. 4. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965 and of the rules, regulations and relevant orders of the Secretary of Labor. 5. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965 and by the rules, regulations and order of the Secretary of Labor or pursuant thereto and will permit access to his books, records and accounts by the Department and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders. 6. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contract in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, or by rules, regulations or order of the Secretary of -3- '� • E&it "A" to COUNTY /CITY Contract li contracts and federally assisted construction contracts pursuant to the executive order 2� and will carry out such sanctions and penalties for violation of equal opportunity pportunity 3 clause as may be imposed upon contractors and subcontractors by HUD or the Secretary of 4 Labor pursuant to Part II, Subpart B of the Executive Order. In addition, the CITY 5 agrees that if it fails or refuses to comply with these undertakings, the COUNTY may 6 take any or all of the following actions: Cancel, terminate or suspend in whole or in 7 part the grant or loan guarantee; refrain from extending any further assistance to the 8 CITY under the program with respect to which the failure or refusal occurred until 9 satisfactory assurance of future compliance has been received from such CONTRACTOR. 10� (Source: H /CD Funding Agreement #4 and Executive Order 11246, Part II, Subpart B, "I Section 202, Title 24 CPR 130, revised April 1, 1984.) 12 C. Federal Labor Standards 13 Except with respect to the rehabilitation of residential property designed 14 for residential use for less than eight families, the CITY and all contractors engaged 15 under contracts in excess of $2,000.00 (Two Thousand Dollars and no /100) for the 16 construction, prosecution, completion or repair of any building or work financed in 17 whole or in part with assistance provided under this contract, shall comply with HUD 18 requirements pertaining to such contracts and the applicable requirements of the 19 regulations of the Department of Labor under 29 CFR Parts 3 (Copeland Act), 5, and Sa 20 (Davis -Bacon Act), governing he q payment of wages and the ratio of apprentices and 21 trainees to journeyman: Provided, that if wage rates higher than those required under 22 such regulations are imposed by state of local law, nothing hereunder is intended to 23 relieve the CITY of its obligation, if any, to require a p yment of the higher rates. The 24 CITY shall cause or require to be inserted in full, in all such contracts subject to 25 such regulations, provisions meeting the requirements of 29 CFR 5.5 and for such 26 contracts in excess of $10,000, 29 CPR 5. The "Federal Labor Standards Provisions" 27 (BUD 4010) are made part of this contract. 28 No award of the contracts covered under this section of the contract shall. -5- 1 I 2 3 4 5 6 7 8 9I 10 11 i 12 13 14j 15' 16' 17 18 19 20 21 22 23 11 25 26 27 28 0 E0bit "A" to COUNTY /CITY Contract, the regulations issued pursuant thereto (24 CFR Part 570.602), which provides that no person in the United States shall on the grounds of race, color, national origin, or sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under, any program or activity funded in whole or in part with funds provided under this Part. 4. Executive Order 11063 on equal opportunity in housing and nondiscrimination in the sale or rental of housing built with Federal assistance. (Source: Title 24 CPR Part 570.601, revised April 1, 1984) E. Accessibility/Usability of Facilities and Buildings for Physically Handicapped The CITY in any activity directly or indirectly financed under this contract shall require every building or facility (other than a privately owned residential structure) designed, constructed, or altered with funds provided under this Part to comply with the "American Standard Specifications for Making Buildings and Facilities Accessible to, and Usable by, the Physically Handicapped," Number A- 117.1 -R 1971, subject to the exceptions contained in 41 CFR 101 - 19.604. The CITY will be responsible for conducting inspections to insure compliance with these specifications by any contractor or subcontractor. (Source: 24 CPR Part 570.202(R), revised April 1, 1984) F. Relocation 1. The CITY in any activity directly or indirectly financed under this 1 contract shall: a. To the greatest extent practicable under State law, comply with Sections 301 and 302 of Title III (Uniform Real Property Acquisition Policy) of the IUniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and will comply with Sections 303 and 304 of Title III, and HUD implementing instructions at 24 CFR Part 42; and b. Inform affected persons of their rights and of the acquisition policies and procedures set forth in the regulations in 24 CPR Part 42 and 570.606 -7- 1 2 3 4 5 6 7 8. 9 10 11, i 12 13' 14! 15 16 171 I 18 19j 20 21i 22 23 24 25 261 27 28 0 Ait W to COUNTY /CITY Contract ; Funding Agreement $5 and 24 CPR Part 35 and 570.608 revised April 1, 1984) H. Flood Disaster This Contract 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 Contract 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 Contract 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 Contract 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 transferree and its successors or assignees 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 Contract. (Source: H /CD Funding Agree- ment $3) The CITY shall comply with the provisions of Executive Order 11296, relating to evaluation of flood hazards and Executive Order 11288 relating to the prevention, control, and abatement of water pollution. (Source: Title 24 CFR 570.605 revised April 1, 1984) -9- • &bit "A" to COUNTY /CITY Contract! 1 11 Violating Facilities. 2I 4. An Agreement by the contractor that he will include or cause to be 3 included the criteria and requirements in paragraph (1) through (4) of this section in 4 every non - exempt subcontract and requiring that the contractor will take such action as 5 the Government may direct as a means of enforcing such provisions. ' 6 In no event shall any amount of the assistance provided under this 7 contract be utilized with respect to a facility which has given rise to a conviction 8 under Section 113(c)(1) of the Clean Air Act of Section 309(c) of the Federal Water 9 Pollution Control Act. (Source: H /CD Funding Agreement #6) 10 J. Management Compliance 11 The CITY in any activity directly or indirectly financed under this contract i 121 shall comply with regulations, policies, guidelines and requirements of OMB Circular No. 13 A -102, Revised, and Federal Management Circular 74 -4: Cost principles applicable to 14 grants and contract with State and local governments, and Federal Management Circular 15 74 -7: Uniform Administrative Requirements for grant -in -aid to State and local 16, governments as they relate to the application, administration, acceptance and use of 17 Federal funds under this Part. (Source: Title 24 CFR Part 570.200(4) revised April 1, 81 1984) 191 9. Obligations of Contractor with Respect to Certain Third Party Relationships 201 The CITY shall remain full y obligated ated under the provisions of this contract 211 notwithstanding its designation of any third party or parties for the undertaking of any i 22 part of the program with respect to which assistance is being provided under this 23 contract to the CITY. Such third party or parties shall comply with all lawful 24 requirements of the CITY necessary o insure that the y program with respect to which 251 assistance is being provided under this contract to the CITY is carried out in 26I accordance with the CITY's assurances and certifications, including those with respect 27 to the assumption of environmental responsibilities of the CITY under Section 104(h) of 28 the Housing and Community Development Act of 1974. (Source: H /CD Funding Agreement #9) -11- • Alll�gICY o.. ORANGE COUNTY FAIRGROUNDS /40p* i SANTA ANA COUNTRY CLUB GOLF COURSE ,00w.z {0c0;'r cn UPPER NEWPORT SAY ORANGE COUNTY DEVELOPMENT AGENCY Newport Heights /Costa Mesa Highlands" PROJECT AREA MAP PROJECT AREA BOUNDARIES SCALE 1'= 1,400'