HomeMy WebLinkAbout242339
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
COUNTY OF FRESNO
Fresno,California
1P ;;'50/3/B-..
1
2
APPRAISER AGREEMENT
THIS AGREEMENT,made and entered into this -111 day of P8IJRcI,.g~'
2005,by and between the COUNTY OF FRESNO,a political subdivision of the State of3
4 California,hereinafter called "COUNTY"and those appraisers listed in Exhibit "A,"
which is attached to this Agreement and by this reference incorporated herein,and5
6 collectively hereinafter referred to as "APPRAISER"and such additional APPRAISERS
as may,from time to time during the term of this Agreement,be added by COUNTY.7
8 WITNESSETH:
WHEREAS,the COUNTY Department of Public Works and Planning desires to
contract for appraisal services for parcels of land to be acquired for various public
projects;and,
WHEREAS,it is necessary that an appraisal be made on these parcels of the
fair market value of the land and improvements taken,severance damages,if any,and
special benefits,if any,and to assist the COUNTY in determining the just
compensation to be offered to the owners of said parcels;and,
WHEREAS,COUNTY may require trial support services of an appraiser for
those parcels of land that require an appraisal;and,
WHEREAS,the APPRAISER is able and willing to provide said service needed
by COUNTY subject to the terms and conditions of this agreement;and,
WHEREAS,this agreement will facilitate a prompt response to appraisal needs.
NOW,THEREFORE,in consideration of the covenants and conditions of the
parties hereinafter expressed,it is agreed as follows:
1.SELECTION OF APPRAISER
No less than three appraisers will be selected from Exhibit "A"on a
random basis by the COUNTY Department of Public Works and Planning's Real
Property Manager,to submit a prompt price quotation within 48 hours on a forth-
coming project.Those appraisers selected that submit a bid shall include quotes for
preparation of narrative appraisal reports,and on a per hour basis for pretrial
1
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
COUNTY OF FRESNO
Fresno,California
1
2
conferences,depositions,court appearances,updating appraisals and all other
necessary activities of participating in an Eminent Domain action.The low bidder
3
4
meeting the project specifications and time frame will be selected for that project.
COUNTY reserves the right at any time during the term of this Agreement
5
6
to add new APPRAISERS to those contained in Exhibit "A".Such additions may be
made by COUNTY without notice to or approval of other APPRAISERS under this
7
8
Agreement.
It is understood that COUNTY is under no obligation to request any
appraisals under this Agreement.
2.OBLIGATIONS OF THE APPRAISER
A.Narrative Appraisal Report
Upon being assigned a project and having received a written
authorization to proceed by the Real Property Manager,the APPRAISER will appraise
and furnish a complete narrative appraisal report,in triplicate,on the parcels previously
bid upon.In addition,the APPRAISER shall include in such appraisal report those
additional parcels identified by COUNTY after selection of bid.Such additional parcels
shall be limited to those parcels that are a part of the project for which the appraisal is
sought.The APPRAISER shall provide the COUNTY with a narrative type appraisal for
the parcel(s),containing information as shown on Exhibit "B,""Appraisal Requirements
for Fresno County Appraisals,"attached hereto and made a part hereof.
If requested by COUNTY,the APPRAISER shall provide minor
updates and revisions to the reports provided pursuant to this Agreement at no cost to
COUNTY.Extensive updates and revisions shall be provided at the request of the
COUNTY and shall be compensated for.
The completed report is to be delivered to the Department of Public
Works and Planning,Design Division,attention to the Real Property Manager,or as
otherwise requested by COUNTYwithinthe time limit stated in the letter of
authorization to proceed.
2
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
COUNTY OF FRESNO
Fresno,California
1
2
Pursuant to Government Code,Section 7267.1(b),the property owner
or his/her designated representative must be offered the opportunity to accompany the
3
4
appraiser during his/her inspection of the property.The APPRAISER shall comply with
this requirement and include a statement in the appraisal that on a certain date the
5
6
owner or his/her designated representative was given this opportunity,and he/she
either accepted or declined.The APPRAISER shall indicate the date on which the
7
8
property was inspected and if the owner or his/her representative was present.
The APPRAISER will contact the design engineer for the assigned
project to review the construction drawings to determine how the proposed grade,
drainage,access,etc.,affects the remaining property.
The APPRAISER warrants that if he/she has any interest,present or
contemplated,in any property affected by this Agreement,the APPRAISER will notify
COUNTY and will withdraw his/her bid for that project.
The APPRAISER agrees that his/her report and conclusions are for
the confidential information of the COUNTY in connection with any property acquisition
or condemnation action or actions involving the properties which are the subject of the
appraisal report and that he/she will not disclose his/her conclusions in whole or in part
to any person whatsoever other than as provided in this Agreement.The APPRAISER
further agrees that his/her report,conclusions and other work,whether completed or
partially completed,are the sole property of the COUNTY.
Written consent is hereby given to the COUNTY,at its sole option,to
disseminate to the public through the news media,or any other public means of
communication,the contents or valuation conclusion of the appraisal report prepared
hereunder.
These appraisals will be used to make initial offers to property owners
and others having an interest in the real estate as required by the Uniform Relocation
Assistance and Real Property Acquisition Act.
/!
3
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
COUNTY OF FRESNO
Fresno,California
1
2
B.Trial Preparation
Upon notice from COUNTYthat an EminentDomainaction has been filed
3
4
on property appraised,the APPRAISER shall provide and be compensated for all
necessary assistance in litigating such action including,but not limited to,pretrial
5
6
conferences,depositions,court appearances and updating of appraisals.
3.TERM
7
8
This Agreement shall become effective the day the Facility Services and
Purchasing Manager executes this Agreement and shall remain in effect for a period of
one (1)year.Agreement shall automatically renew for an additional one (1)year
period except when written notice is delivered by either party to the other expressing
intent not to renew.Such notice must be delivered a minimum of sixty (60)days prior
to the next expiration date of this Agreement.The maximum number of automatic one
(1)year renewal periods under this Agreement is one (1).
4.TERMINATION
A.Non-Allocation of Funds -The terms of this Agreement,and the
services to be provided thereunder,are contingent on the approval of funds by the
appropriating government agency.Should sufficient funds not be allocated,the
services provided may be modified,or this Agreement terminated,at any time by giving
the APPRAISER thirty (30)days advance written notice.
B.Breach of Contract -The COUNTY may immediately suspend or
terminate this Agreement in whole or in part where,in the determination of the
COUNTY,there is:
1)An illegal or improper use of funds;
2)A failure to comply with any term of this Agreement;
3)A substantially incorrect or incomplete report submitted
to the COUNTY;
4)Improperly performed service.
In no event shall any payment by the COUNTY constitute a waiver by
4
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
COUNTY OF FRESNO
Fresno,California
1
2
the COUNTYof any breach of this Agreement or any default,which may then exist on
the part of the APPRAISER.Neithershall such paymentimpairor prejudiceany
3
4
remedy available to the COUNTY with respect to the breach or default.The COUNTY
shall have the right to demand of the APPRAISER the repayment to the COUNTY of
5
6
any funds disbursed to the APPRAISER under this Agreement,which in the judgment
of the COUNTY were not expended in accordance with the terms of this Agreement.
7
8
C.Without Cause -Under circumstances other than those set forth
above,this Agreement may be terminated by COUNTY upon the giving of thirty (30)
days advance written notice of an intention to terminate to appraiser.
D.Payment Upon Termination -As to "A"and "C"immediately above,
payment to APPRAISER shall be prorated on the ratio which the work completed bears
to the total work required for the report.
5.COMPENSATION /INVOICING
APPRAISER shall be compensated in accordance with the bid provided
by APPRAISER and accepted by COUNTY on the project.For those additional parcels
appraised at the request of COUNTY,APPRAISER shall be compensated at the same
rate as set forth in the bid for the project.APPRAISER shall be compensated for
extensive updates and revisions at a rate that takes into consideration the appraisal
information previously assembled for the original appraisal.All trial preparation and
trial services will be provided on a per hour basis as indicated in APPRAISER'S bid.
APPRAISER shall submit an invoice at the completion of the project to the Fresno
County Department of Public Works and Planning's Real Property Manager.Upon
review and approval of invoice,the COUNTY will provide payment after a minimum of
forty-five (45)days from date of receipt of invoice by the COUNTY.In no event shall all
services performed under this Agreement during its term and any successive renewals
be in excess of One hundred thousand dollars ($100,000).It is understood that all
expenses incidental to APPRAISER'S performance of services under this Agreement
shall be borne by APPRAISER.
5
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
COUNTY OF FRESNO
Fresno,California
1
2
6.INDEPENDENT CONTRACTOR
In performance of the work,duties,and obligations assumed by
APPRAISER under this Agreement,it is mutually understood and agreed that3
4 APPRAISER,including any and all of APPRAISER'S officers,agents,and employees
will at all times be acting and performing as an independent contractor,and shall act in5
6 an independent capacity and not as an officer,agent,servant,employee,joint venturer,
partner,or associate of the COUNTY.Furthermore,COUNTY shall have no right to7
8 control or supervise or direct the manner or method by which APPRAISER shall
perform its work and function.However,COUNTY shall retain the right to administer
this Agreement so as to verify that APPRAISER is performing its obligations in
accordance with the terms and conditions thereof.APPRAISER and COUNTY shall
comply with all applicable provisions of law and the rules and regulations,if any,of
governmental authorities having jurisdiction over matters,the subject thereof.
Because of its status as an independent contractor,APPRAISER shall have
absolutely no right to employment rights and benefits available to county employees.
APPRAISER shall be solely liable and responsible for providing to,or on behalf of,its
employees all legally required employee benefits.In addition,APPRAISER shall be
solely responsible and save COUNTY harmless from all matters relating to payment of
APPRAISER'S employees,including compliance with Social Security,withholding,and
all other regulations governing such matters.It is acknowledged that during the term of
this Agreement,APPRAISER may be providing services to others unrelated to the
COUNTY or to this Agreement.
7.MODIFICATION
Any matters of this Agreement may be modified from time to time by the
written consent of all the parties without,in any way,affecting the remainder.
8.NON-ASSIGNMENT
The APPRAISER'S rightsand obligationsunderthis agreementmay not
be assigned,transferred,or subcontracted,either in whole or in part,without the prior
6
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
COUNTY OF FRESNO
Fresno,California
1
2
written consent of the COUNTY.
HOLD HARMLESS9.
3
4
The APPRAISER agrees to indemnify,save,hold harmless,and at
COUNTY'Srequest,defend the COUNTY,its officers,agents,and employees from any
5
6
and all costs and expenses,damages,liabilities,claims,and losses occurring or
resulting to COUNTY in connection with the performance,or failure to perform,by
7
8
APPRAISER,its officers,agents,or employees under this Agreement,and from any
and all costs and expenses,damages,liabilities,claims and losses occurring or
resulting to any person,firm,or corporation who may be injured or damaged by the
performance,or failure to perform,of APPRAISER,its officers,agents,or employees
under this Agreement.
10.INSURANCE
Without limiting the COUNTY'S right to obtain indemnification from
APPRAISER or any third parties,APPRAISER,at its sole expense,shall maintain in
full force and effect the following insurance policies throughout the term of this
Agreement:
A.Commercial General Liability
Commercial General Liability insurance with limits of not less than
One Million Dollars ($1,000,000.00)per occurrence and an annual aggregate of Two
Million Dollars ($2,000,000.00).This policy shall be issued on a per occurrence basis.
COUNTY may require specific coverages including completed operations,products
liability,contractual liability,Explosion-Collapse-Underground,fire legal liability or any
other liability insurance deemed necessary because of the nature of this contract.In
lieu of purchasing Commercial General Liability insurance,the APPRAISER may elect
to self-insure this exposure through maintenance of an adequately financed self-
insurance program reasonably acceptable to COUNTY'S Risk Manager.
B.Automobile Liabilitv
Comprehensive Automobile Liability insurance with limits for bodily
7
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
COUNTY OF FRESNO
Fresno.California
1
2
injury of not less than Two Hundred FiftyThousand Dollars ($250,000.00)per person,
Five Hundred Thousand Dollars ($500,000.00)per accident and for property damages
3
4
of not less than Fifty Thousand Dollars ($50,000.00),or such coverage with a
combined single limit of Five Hundred Thousand Dollars ($500,000.00).Coverage
5
6
should include owned and non-owned vehicles used in connection with this Agreement.
C.Professional Liabilitv (Errors and Omissions)
7
8
APPRAISER shall maintain a policy of Errors and Omissions Liability
insurance with limits of not less than One Million Dollars ($1,000,000.00)per
occurrence,One Million Dollars ($1,000,000.00)annual aggregate during the term of
this Agreement.
D.Worker's Compensation
A policy of Worker's Compensation insurance as may be required by
the California Labor Code.
APPRAISER shall obtain endorsements to the Commercial General
Liability insurance naming the County of Fresno,its officers,agents,and employees,
individually and collectively,as additional insured,but only insofar as the operations
under this Agreement are concerned.Such coverage for additional insured shall apply
as primary insurance and any other insurance,or self-insurance,maintained by
COUNTY,its officers,agents and employees shall be excess only and not contributing
with insurance provided under APPRAISER'S policies herein.This insurance shall not
be cancelled or changed without a minimum of thirty (30)days advance written notice
given to COUNTY.
Within Thirty (30)days from the date APPRAISER executes this
Agreement,APPRAISER shall provide certificates of insurance and endorsement as
stated above for all the foregoing policies,as required herein,to the County of Fresno,
Departmentof PublicWorks and Planning,Real Property,2220 Tulare Street,6thFloor,
Fresno,CA 93721-2120.Stating that such insurance coverage have been obtained
and are in full force;that the County of Fresno,its officers,agents and employees will
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
COUNTY OF FRESNO
Fresno.California
1
2
not be responsible for any premiums on the policies;that such Commercial General
Liability insurance names the County of Fresno,its officers,agents and employees,
3
4
individually and collectively,as additional insured,but only insofar as the operations
under this Agreement are concerned;that such coverage for additional insured shall
5
6
apply as primary insurance and any other insurance,or self-insurance,maintained by
COUNTY,its officers,agents and employees,shall be excess only and not contributing
7
8
with insurance provided under APPRAISER'S policies herein;and that this insurance
shall not be cancelled or changed without a minimum of thirty (30)days advance,
written notice given to COUNTY.
In the event APPRAISER fails to keep in effect at all times insurance
coverage as herein provided,the COUNTY may,in addition to other remedies it may
have,suspend or terminate this Agreement upon the occurrence of such event.
All policies shall be with admitted insurers licensed to do business in the
State of California.Insurance purchased shall be purchased from companies
possessing a current A.M.Best,Inc.rating of B+FSC VIII or better.
11.AUDITS AND INSPECTIONS
The APPRAISER shall at anytime during business hours,and as often as
the COUNTY may deem necessary,make available to the COUNTY for examination all
of its records and data with respect to the matters covered by this Agreement.The
APPRAISER shall,upon request by the COUNTY,permit the COUNTY to audit and
inspect all of such records and data necessary to ensure APPRAISER'S compliance
with the terms of this Agreement.
If payment to any appraiser under this agreement exceeds Ten Thousand
Dollars ($10,000),the APPRAISER shall be subject to the examination and audit of the
Auditor General for a period of three (3)years after final payment under contract
(Government Code Section 8546.7).
12.GOVERNING LAW
Venue for any action arising out of or related to this Agreement shall only
9
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
COUNTY OF FRESNO
Fresno,California
1
2
be in Fresno County,California.
The rights and obligations of the parties and all interpretation and
3
4
performance of this Agreement shall be governed in all respects by the laws of the
State of California.
5
6
13.COMPLIANCEWITH FEDERALAND STATE REQUIREMENTS
The APPRAISER,its consultants,contractors,and subcontractors shall
complywith all applicableState and Federallaws and regulationsgoverningprojects7
8 that utilize federal funds,such as,but not limited to,those requirements listed on
Exhibit "C"and incorporated herein by reference.
The APPRAISER warrants that he/she has not employed or retained any
company,firm or person,other than a bona fide employee working solely for her/him,
to solicit or secure this agreement,and that he/she has not paid or agreed to pay any
company,firm or person,other than a bona fide employeeworkingsolelyfor her/him,'
any fee,commission,percentage,brokerage fee,gifts,or any other consideration,
contingent upon or resulting from the award or making of this agreement.For breach
or violation of this warranty,the COUNTY shall have the right to annul this agreement
without liability.
14.TIME OF THE ESSENCE
Time is of the essence of each and all provisions of this Agreement.
15.EXECUTION IN MULTIPLE COUNTERPARTS
This Agreement may be executed in any number of counterparts which
taken together,shall comprise the Agreement.
16.ENTIRE AGREEMENT
This Agreement,along with the selected bid on a project,constitutes the
entire agreement between the APPRAISER and COUNTY with respect to the subject
matter hereof and supersedes all previous Agreement negotiations,proposals,
commitments,writings,advertisements,publications,and understandings of any nature
whatsoever unless expressly included in this Agreement.
10
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
COUNTY OF FRESNO
Fresno,California
1
2
IN WITNESS WHEREOF,the parties hereto have caused this Agreement to
be executed as of the day and year first above written.
3
4
COUNTY OF FRESNO APPRAISER:
5
6
By ~~(see attached signature pages)Cecil Leonardo,InterimDirector
Departmentof PublicWorks and Planning
7
8 REVIEWED AND RECOMMENDED
FOR APPROVAL:
COUNTY OF FRESNO
By ?!it:L))~Matt Gaspar .
Real Property Manager
BY~~~~<......Marti G.Bloom,Facility Services &
Purchasing Manager 2 -9'-OS-
1Je.~i?""e'"'7 tJ:2.5"C>I '3 /~.APPROVED AS TO LEGAL FORM:
DENNIS MARSHALL,COUNTY COUNSEL
B~~eputy
APPROVED AS TO ACCOUNTING
FORM:
",",Auditor-
surer-Tax Collector
FOR ACCOUNTING USE ONLY:
Budget Unit Nos.:4510,7205 and various other Budget Numbers in said Depts.
Account No.:7295
11
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
COUNTY OF FRESNO
Fresno,California
EXHIBIT "A"1
2 1.Austin &Associates
Attn.:Thomas W.Austin
7638 N.Ingram Ave.,Suite 201
Fresno,CA 93711
2.Peter S.Cooper
1255 W.Shaw Ave.,Suite 102
Fresno,CA 93711
3
4
5
6
7
8
3.Mitchell S.Dunshee Appraisals Inc.
Attn.:Mitch Dunshee
2377 W.Shaw Ave.,Suite 202
Fresno,CA 937115
4.Hamilton Associates
Attn.:David P.Hamilton
7638 N.Ingram Ave.,Suite 201
Fresno,CA 93711
5.Real Property Analysts
Attn.:Lawrence D.Hopper
6740 N.West Ave.,Suite 107
Fresno,CA 93711
6.James G.Palmer
1285 W.Shaw Ave.,Suite 108
Fresno,CA 93711
7.Zengel &Associates
Attn.:A.George Zengel
1391 W.Shaw Ave.,Suite B
Fresno,CA 93711
19
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
COUNTY OF FRESNO
Fresno,California
1 EXHIBIT "B"
APPRAISAL REQUIREMENTS FOR FRESNO COUNTY APPRAISALS2
3 (Includes F.H.W.A.and H.U.D.Appraisal Requirements)
The appraisal shall include,but not be limited to,the following:
4
5 1.Purpose of Appraisal:
A.Statement of limiting conditions6
7 B.Value to be estimated
8 C.Rights or interest to be appraised
D.Date of value9
2.Owner contacted:
A.Owner or his representative given opportunity to accompany the appraiser -
person and date contacted.
B.An unconfirmed letter is not acceptable,some form of acknowledgement from
owner is needed.
3.Five-year Delineation of Title:
All sales of subject property in last five years shall be noted.If no sale has
occurred,a statement to that effect shall suffice.
4.Description of Property:
A.Location,present use,total area,zoning,special features,identification -
condition of improvements (leased,amount,length,name of lessee,etc.)
similar description for remainder where applicable.
B.Personally inspected -date.
5.Highest and Best Use:
Stated and justified if different from present use.Similar information for remainder
where applicable.
6.Photographs of Subject Property:
Identifyprincipalimprovementsandunusualfeatures.
III
20
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
COUNTY OF FRESNO
Fresno,California
1 7.Cost Approach:
A.If not applicable -reason why not.2
3 B.Cost data source.
4 C.All depreciation -reasoning.
8.Market Approach:5
6 A.If not applicable -reason why not.
B.Direct comparison of sales to subject.7
8 C.Adjustment -analysis and reasoning.
9.Income Approach:9
If not applicable -reason why not (income,expenses,interest and capital rates,
estimated economic life,difference in economic rent and contract rent supported).
10.Comparable Sales:
A.In Appraisal or referenced:date;type of improvement;consideration -amount
paid.
B.Financing;zoning,verified and source,location,Seller and Buyer,total area.
C.Conditions of sale.
D.Highest and Best Use at time of sale.
E.Sale personally inspected -date.
F.Photographs;identified and includes principal improvements and unusual
features.
G.Map showing location of sale -APN map with picture attached -ok.
H.Schedule of sales -grouped by size and zoning use -pldest first.(Can be
with exhibits.)
11.Benefits and Compensable Damages Considered in Accordance with State and
Federal Laws:
12.Correlation and Conclusion of Value:
A.Correlation of the separate indications of value derived of each approach
when more than one approach is used.
21
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
COUNTY OF FRESNO
Fresno,California
1 B.Reasonable explanation for final conclusion of value.
13.Value Conclusion Allocated:2
3 A Value of property to be acquired.
B.Damages to remainder.4
5 14.Subject Property and Comparable Sales Personally Inspected.
15.Appraisals Must be Signed.6
7 16.Affidavit of Non-Interest Must be Acceptable.
17.Exhibits Addenda8
9 Descriptive materials -area,maps,charges,plans,etc.
18.Specialty Items (if applicable):
A Legal Opinion.
B.Contractor's Bids.
C.Inspection Report,etc.
19.R.AP.Information (if building is being acquired):
A Number of tenants.
B.Owners.
C.Value of residence and lot (if on farm land).
D.Lease/rent payment or economic rent if owner occupied.
E.Date they moved in or bought property.
22
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
COUNTY OF FRESNO
Fresno.California
1 Exhibit "C"
2 A.Federal Common Rule Requirements,including,but not limited to,Executive Order
11246,as amended by Executive Orders 11375 and 12086 and implementingregulations
issued at 41 CFR Chapter 60;Davis-BaconAct as amended (40 U.S.C.276a to a-7 and
29 CFR,Part 5);Copeland "Anti-Kick Back"Act (18 U.S.C.874 and 29 CFR,Part 3);
Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C.
327-330 and 29 CFR,Part 5);Section 306 of the Clean Air Act (42 U.S.C.1857 (h));
Section 506 of the Clean Water Act (33 U.S.C.1368);Executive Order 11738;
Environmental Protection Agency Regulations (40 CFR Part 15);and applicable sections
of 24 CFR 85.Also in the common rule are mandatory standards and policies relating
to energy efficiency which are contained in the state energy conservation plan issued in
compliance with Energy Policy and Conservation Act (Pub L.94-163).
B.Office of Management and Budget Circulars No.A-21 ,A-102 revised,A-87,A-110,
A-122 and A-128 as they relate to the acceptance and use of Federal funds under this
program.
3
4
5
6
7
8
9
C.Executive Order 11063,as amended by Executive Order 12259,and implementing
regulations at 24 CFR Part 107,as they relate to non-discrimination in housing.
D.The Architectural Barriers Act of 1968 (42 U.S.C.4151).
E.Clean Air Act of 1970 (42 U.S.C.7401 et seq.)and the Federal Water Pollution
Control Act (33 U.S.C.1251 et seq.).
F.Bidding requirements contained in the California Public Contracts Code.
G.The relocation requirements of Title II and the acquisition requirements of Title III of
the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970
(Uniform Act)and HUD implementing regulations,24 CFR,Part 42 and 24 CFR 570.612.
H.Provisions of the California Water Code Section 55350 et.seq.
I.Title VI of the Civil Rights Act of 1964 (Pub.L.88-352)and implementing regulations
24 CFR Part 1 as it relates to prohibitingdiscriminatoryaction under any activity receivingfederalfunds.
J.Title VIII of the Civil Rights Act of 1968 (Pub.L.90-284),as amended,and
implementing regulations 24 CFR Part 107 as it relates to fair housing.
K.Section 504 of the Rehabilitation Act of 1973 (Pub.L.93-112)as amended and
implementing regulations when published for effect as they relate to non-discrimination
against the handicapped.
L.The Age DiscriminationAct of 1975,(Pub.L.94-135)as amended,and implementing
regulations contained in 10 CFR Part 1040 and 45 CFR Part 90.
M.The lead based paint requirements of 24 CFR Part 35 Subpart B issued pursuant to
the Lead-Based Paint Poisoning Prevention Act (42 U.S.C.4801 et seq.).
N.Section 109 of the Housing and Community Development Act of 1974,as amended;
and the regulationsissued pursuantthereto(24 CFR Section 570.601)as it relates to
prohibiting discriminatory actions in activitiesfunded by Community Development Funds.
23
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
COUNTY OF FRESNO
Fresno,California
1 O.Section 3 of the Housing and Urban Development Act of 1968,as amended and
implementing regulations at 24 CFR Part 135.
P.Executive Order 11988 relating to the evaluation of flood hazards and ExecutiveOrder
1288 relating to the prevention,control,and abatement of water pollution.
2
3
4 Q.The flood insurance purchase requirements of Section 102(a)of the Flood Disaster
Protection Act of 1973 (Pub.L.93-234).5
6 R.No member,officer or employee of the Grantee,or its designees or agents,no
member of the governing body of the locality in which the program is situated,and no
other public official of such locality or localities who exercises any functions or
responsibilities with respect to the program during his/her tenure or for one year
thereafter,shall have any interest,direct or indirect,in any contract or subcontract,or the
proceeds thereof,and that it shall incorporate,or cause to be incorporated,in all such
contracts or subcontracts a provision prohibiting such interest pursuant to the purposesofthiscertification.
7
8
9
S.Additionally all conflict requirements noted in 24 CFR 570.611 shall be complied with
by all parties.
T.Title I Section 104(b)(5)of the Housing and Community DevelopmentAct as amended
and implementing regulations at 24 CFR,570.200 relating to Special Assessments.
U.Section 106 of the National Historic Preservation Act and implementing regulations
at 36 CFR Part 800.
V.The Endangered Species Act of 1973,as amended,and implementing regulations at50CFRPart402.
W.Title I of the Housing and Community Development Act of 1974,as amended,and
implementing regulations contained in 24 CFR,Part 570 and in 24 CFR,Part 85
X.The use of CDBG funds by a religious organization shall be subject to those
conditions as prescribed by HUD for the use of CDBG funds by religious organizations.
Y.All contracts shall include a "Certification Regarding Debarment Suspension,
Ineligibility and Voluntary Exclusion-Lowertier Covered Transactions"as required by 29
CFR,Part 98.
Forms.2K1 Appraisal.Agmts/O.Agreement.2004
24