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HomeMy WebLinkAboutContracts & Agreements_82-2006_CCv0001.pdf REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS OF SAN BERNARDINO COUNTY, CALIFORNIA AND RECORD OF ACTION June 13, 2006 FROM: DOUGLAS PAYNE, INTERIM DIRECTOR DEPARTMENT OF COMMUNITY DEVELOPMENT AND HOUSING SUBJECT: 2006-2009 COMMUNITY DEVELOPMENT BLOCK GRANT CITY- COUNTY DELEGATE AGENCY AGREEMENTS RECOMMENDATION: Approve Community Development Block Grant (CDBG) City-County Delegate Agency Agreements for fiscal years 2006-07 through 2008-09, between the County and each of the following thirteen (13) cooperating Cities: Adelanto 06-519 Montclair 06-526 Barstow 06-520 Needles 06-527 Big Bear Lake 06-521 Redlands 06-528 Colton 06-522 Twentynine Palms 06-529 Grand Terrace 06-523 Yucaipa 06-530 Highland 06-524 Yucca Valley 06-531 Loma Linda 06-525 BACKGROUND INFORMATION: On June 21, 2005 (Item 56), the County executed a Cooperation Agreement with each of the above thirteen (13) cities for joint participation in the County's CDBG Program for fiscal years 2006-07 through 2008-09. The Cooperation Agreement qualified the County, under federal statutes and regulations, as an "Urban County' eligible to receive annual CDBG entitlement funds from the federal government over the next three (3) years. In order to set forth detailed arrangements for the implementation of the City projects funded under the CDBG program, and to satisfy-CDBG Regulation 24 CFR570.503, Agreements with Subrecipients, it is also necessary to enter into a Delegate Agency Agreement with these Cooperating Cities. Under this agreement, the cities are established as Delegate Agencies of the County, to carry out CDBG activities within their jurisdictions under the direction of the County's Department of Community Development and Housing. The Delegate Agency Agreements and their attachments form implementation manuals which specify procedures, sequences, responsibilities, and forms to be used to carry out CDBG activities according to local, state, and federal requirements. cc: DCH-Anderson w/agree(13) Record of Action of the Board of Supervisors Contractor c/o Dept w/agree(13) AGREE% AS LISTED ABOVE IDS w/agree,(13) APPROVEXAIRP ONSENT CALENDAR) Auditor-Mejico w/agree(13) OF SUPERVISORS Risk Management �"O WTY bF GAN 13ERNARDINO County Counsel-Blakemore MOTION AYE ; AYE MOVE CAO-Lane a. ' 4 5 K CDH-Payne DENA "SM kHf gLIUM Op THH BDARC� CDH-Larsen City's(13)c/o Dept BY CAO-Erickson < i Pile w/agree DA *� RDfNO Cost+ lrh �' ���"�� ITEM 052 2006-2009 COMMUNITY DEVELOPMENT BLOCK GRANT CITY-COUNTY DELEGATE AGENCY AGREEMENTS June 13, 2006 Page 2 of 2 REVIEW BY OTHERS: This item was coordinated with the Grants Coordinator (Briana Lane, 387-5301) on May 18, 2006. These agreements were approved by the City Councils of the thirteen (13) Cooperating Cities. These agreements were reviewed by the Department of Community Development and Housing (David M. Larsen, Contract Compliance Designee, 388- 0959) on May 24, 2006; County Counsel (Michelle D. Blakemore, Deputy County Counsel, 387- 5455) on May 26, 2006; and the County Administrative Office (Matthew Erickson, 387-3937) on May 30, 2006. FINANCIAL IMPACT: Approval and execution of these agreements is required for the County to implement projects estimated at over $8,300,000. This action has no effect on the County General Fund. SUPERVISORIAL DISTRICT (S): 1St, 3`d, 4th & 5th PRESENTER: Douglas Payne, Interim Director, 388-0990. FOR COUNTY USE ONLY X New Vendor Code Dept. Contract Number * CoU«ry SC A Change _ � �v Cancel ECD d County Department Dept. Orgn. Contractor's License No. Community Development and Housing CDH PROJ. County Department Contract Representative Telephone Total Contract Amount County of San Bernardino DOUGLAS PAYNE/Bryan Anderson (909)388-0990 $N/A FASContract Type IlRevenue Encumbered Unencumbered X Other. Delegate Agency Agreement CONTRACT TRANSMITTAL If not encumbered or revenue contract type, provide reason: Commodity Code Contract Start Contract End Original Amount Amendment Amount Date Date July 1,2006 June 30,2009 Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB Amount No. SBA ECD PROJ. 200 2005 00000000 Project Name Estimated Payment Total by Fiscal Year 2006-2009 CDBG City/County FY Amount I/D FY Amount I/D Delegate Agency Agreements N/A N/A Contract Type-2(b) CONTRACTOR City of Redlands Federal ID No.or Social Security No. N/A Contractor's Representative John Davidson, City Manager Address P.O. Box 3005, Redlands, CA 92373-1505 Phone (909) 798-7500 Nature of Contract: (Briefly describe the general terms of the contract) In Compliance with the requirements of Title I of the Housing and Community Developmepof 1974, as amended,the County executed Cooperation Agreements with thirteen(13)incorporated cities to qualify as an" r ounty"through mutual cooperation to undertake or assist in undertaking essential community development and ho sif 1 . ities. This was accomplished on June 21, 2005,when said Agreements were executed for joint participation in thero ram for fiscal years 2006 through 2009. Pursuant to Section 15 of the Cooperation Agreements, the D I ggency Agreements and their attachments are set forth to further implement the provisions of the Cooperation Agri tshey specify the pMe�ets.'s,se uences,responsibilities and forms to be used to carry out CDBG activities according 1Q al Ate and federal re uIr h elegate Agency Agreements are specifically subordinate and supplementary nd` current with the �4kq&tlbnr e �ns P Y PP ry 'x �� The attached Contract consists of g ag , and Attachment �'b 8, ka "' d'D , (Attach this transmittal to all contrasts not prepared on th -° tan anrrf) Approved as to Legal Form (sign in blue Revir - s to tont mpliance Presented to BOS for Signature County Coun Department Head' Date Z '0 V Date — Q� Date ' Auditor/Controller-Recorder Use On�y a.-Cosi aicWatabasa. ©FAS i#: .I[ •i Ute:` Keyed By COMMUNITY DEVELOPMENT BLOCK GRANT CITY-COUNTY DELEGATE AGENCY AGREEMENT For Fiscal Years 2006-07, 2007-08, 2008-09 This Agreement is made and entered into,by and between the County of San Bernardino hereinafter referred to as"COUNTY",and the City of Redlands, a municipal corporation and a political subdivision of the State of California located within the boundaries of San Bernardino County,hereinafter referred to as "CITY". WITNESSETH WHEREAS, COUNTY has been designated an"Urban County" by the United States Department of Housing and Urban Development, hereinafter referred to as "HUD", as that term is defined in Title I of the Housing and Community Development Act of 1974 as amended,hereinafter referred to as "ACT", and accordingly,COUNTY will administer a Community Development Block Grant(CDBG)program that includes the development of a Consolidated Submission of the HUD Housing and Community Development Grant Programs, hereinafter referred to as "CONSOLIDATED PLAN",which constitutes COUNTY's application for Federal assistance under said ACT; and, WHEREAS,CITY and COUNTY have entered into a"Cooperation Agreement for Community Development Block Grant Funds",as part of COUNTY's CDBG Program,covering Fiscal Years 2006-07,2007-08,and 2008-09,to which this is a subordinate and supplementary agreement per Section 15 (Other Agreements) of said Cooperation Agreement executed by these parties, dated June 21, 2005; and, WHEREAS, COUNTY administers a CDBG program in cooperation with thirteen cities, and in the unincorporated areas of San Bernardino County,through County Department of Community Development and Housing, hereinafter referred to as "CDH"; and, WHEREAS, CITY has the ability to manage and administer CDBG projects; and, WHEREAS,CITY chooses to assume the responsibility of project implementation within its corporate limits in cooperation with COUNTY; and, WHEREAS,both COUNTY and CITY seek to coordinate their efforts to maximize utilization of personnel and resources and increase efficiency and economies of scale in the planning and administration of the program hereinafter set forth. NOW, THEREFORE,it is understood and agreed by and between the parties here-to as follows: I PURPOSE This Agreement is made pursuant to the provisions of Article 1,Chapter 5,Division 7,Title I of the Government Code of the State of California(commencing with Section 6500),relating to public agencies. The purpose of this Agreement is to implement the provisions of the Cooperation Agreement in carrying out CDBG activities that have been approved by COUNTY for CITY in accordance with CONSOLIDATED PLAN. The purpose will be accomplished pursuant to the requirements of the ACT, its regulations and other Federal, State and County laws and policies in the manner hereinafter set forth. Unless specified otherwise, CDH shall have the authority to represent COUNTY regarding the terms and conditions of this Contract and the administration thereof. Page 1 of 9 TERM This Agreement shall become effective starting fiscal year 2006-07 that begins July 1,2006 and shall continue in full force and effect through fiscal year 2008-2009 that ends on June 30, 2009. COUNTY may grant an extension of up to six(6)months of the effective period of this Agreement for the purpose of completing CITY's projects/activities that are underway and cannot be completed during the term of this Agreement. CITY must request any such extension in writing. Any extension will only be effective if granted in w=riting by COUNTY. Maintenance and operation and monitoring requirements for facilities developed under the terms of the Agreement shall be in effect and continue in full force as prescribed in Section 9. 3. AUTHORIZATION OF PROJECT/ACTIVITY CITY shall not initiate nor incur expenses for any CDBG funded project or activity covered under the terms of this Agreement prior to receiving written authorization from COUNTY. Written authorization will be accomplished when Attachments A (Request to Initiate Project or Activity) and B (Project or Activity Description)of this Agreement have been completed for a CDBG funded project or activity,and signed by CITY and countersigned by CDH. Any such authorized Project or Activity shall hereinafter be referred to as an "AUTHORIZED PROJECT". 4. IMPLEMENTATION OF AUTHORIZED PROJECT CITY agrees to implement AUTHORIZED PROJECTS in the manner prescribed in the Delegate Agency Coordination Procedures (Attachment Q, using the forms and language contained in the Delegate Agency Construction Contract Provisions(Attachment D),and agrees to comply with all applicable local County, State and Federal regulations associated with the implementation of CDBG projects. CITY may contract for all necessary services to complete AUTHORIZED PROJECTS described on its executed Attachment's A and B provided that contracts are submitted to and approved in writing by CDH prior to their execution. CITY Attorney is responsible for assuring and certifying that the AUTHORIZED PROJECT undertaken by CITY's contracting party complies with all applicable regulations and statutes,as amended,listed in Attachment C, Section IV. 5. MODIFICATION OF AUTHORIZED PROJECTS All modifications to AUTHORIZED PROJECT must be pre-approved by COUNTY in order to be considered a part of AUTHORIZED PROJECT and eligible for reimbursement by COUNTY. CITY may request modification(s)to CDBG funding levels authorized by Attachment A or the pertinent Project Description(i.e. Scope of Activity)authorized by Attachment B. Upon receipt of a written request from CITY,and approval by COUNTY,COUNTY will revise Attachments A and B. 6. CONSOLIDATED PLAN AMENDMENT Requests by CITY to add,delete or substantially modify an activity listed in CONSOLIDATED PLAN must be made in writing to COUNTY. Requests to add new activity(ies) must be accompanied by a CDBG project proposal application. Substantial modifications are defined as follows: 1)a net increase of greater than$25.000 for activities with an allocation listed in a published CDBG Action Plan,or as amended,in an amount of S25,000 or less;or 2)a net increase or decrease greater than 100%of the activity allocation if the allocation is over$215,000 as listed in a published Action Plan, or as amended-, or 3)) a net increase or decrease in the activity allocation greater than $100,000;or 4)a change in the type of activity-, or 5)a change in the location of the activity- 6)a change in the beneficiaries of the activity. Page 2 of 9 Requests for additions and substantial modifications will be reviewed by COUNTY for eligibility and compatibility with CONSOLIDATED PLAN. Additions, deletions and substantial modifications must be approved by CITY Council action and supportive documentation for said action must be sent to COUNTY. CITY shall comply with the requirements of and participate in the implementation of the citizen participation portion of CONSOLIDATED PLAN. 7. COUNTY RESPONSIBILITIES COUNTY,through CDH,is empowered to enforce all Federal regulations pertaining to CDBG funded projects undertaken by CITY under this Agreement. CITY recognizes that COUNTY, as the formal grantee of the CDBG,has full responsibility and obligations to HUD for undertaking the CDBG Program and has full authority in administering and allocating funds. CITY will have no direct responsibilities or obligations to HUD,except as identified, under this Agreement. COUNTY will provide technical assistance to CITY in a timely and expeditious manner upon written request to the Director of CDH. 8. CONFORMANCE TO COUNTY PROCEDURES Under this Agreement, CITY elects to be responsible for carrying out CDBG projects. However, in implementing said projects,CITY must perform all services and activities in accordance with Federal and State statutory requirements and with the policies and procedures established by the Board of Supervisors,and shall comply with the following: A. COMMUNITY DEVELOPMENT ADMINISTRATOR Upon COUNTY and CITY's mutual assent to this Agreement, CITY 'Will designate a "Community Development Administrator" by filling in the name of said person in the space provided below. The Community Development Administrator is the responsible authority for all correspondence with COUNTY, the signatory on AUTHORIZED PROJECT Attachments A and B and shall advise the CITY council, CITY administration and CITY staff, as appropriate regarding the CDBG program. CITY may, by written notification as set forth below, change the Community Development Administrator. CITY's Community Development Administrator for this Agreement is Mary Petite TITLE: Cost RecovML/CDBG Administrator_ B. FISCAL CONTACT PERSON For purposes of this Agreement,CITY shall also designate a fiscal contact person by filling in the space provided below. The fiscal contact person shall be responsible for billing and fiscal procedures regarding the CDBG Program and will serve as the primary contact for technical fiscal matters. CITY may,by written notification as set forth below, change the fiscal contact person. CITY Fiscal Contact person for this Agreement is Mary Petite , TITLE: Administrative Analvst C. CITY shall be responsible for maintaining complete and separate fiscal accounts for CDBG funds which come under its control in such manner as to permit the repot is required by COUNTY to be prepared therefrom and to permit the tracing of CDBG funds to their final expenditure. CITY will submit to CDH complete and detailed project descriptions, budgets, and expenses for each project that CITY implements with CDBG funds along with monthly reports of grant expenditures. Page 3 of 9 9" MAINTENANCE AND OPERATION OF FACILITIES CITY shall provide maintenance and operation for the life of any and all facilities constructed with CDBG funds under this Agreement that are CITY owned or operated, for the life of the facility,not less than twenty(20) years. 10. FUNDING LIMITS CDBG funding of AUTHORIZED PROJECTS is limited to the amount allocated by CITY in AUTHORIZED PROJECTS Attachment A. 11. DISBURSEMENT OF FUNDS All CDBG funds allocated to CITY'S AUTHORIZED PROJECT(S) shall be received from the Federal Government by COUNTY under ACT. CDH will disburse the funds to CITY on a cost reimbursement basis. Billing shall be accompanied by all pertinent source documentation to be presented to CDH by CITY on or about the first day of each month, allowing 15 days for payment on the part of CDH. COUNTY shall be entitled to retain from such funds such amount as is calculated as the direct costs (including,but not limited to, salaries, benefits,mileage,actual cost of materials,meals and other authorized expenses allowable under the Travel Code Section 13.0638 County of San Bernardino)incurred by COUNTY in implementing CITY's AUTHORIZED PROJECTS. 12. WITHHOLDING OF FUNDS COUNTY shall retain the right to withhold funds for any programs carried out by CITY,CITY's Contractor,or CITY's subcontractor upon giving written notice to CITY indicating that COUNTY has determined that CITY has not performed its obligations as stated in this Agreement in a satisfactory or timely manner consistent with Federal regulations or policy. COUNTY shall notify CITY in writing of this determination, specifying the objection(s)to CITY's performance. CITY shall then have a maximum of 10 days in which to remedy said deficiencies. Should approval of COUNTY not be obtained within said period, COUNTY shall have full authority to reallocate CITY's CDBG program funding to other eligible activities,which can be implemented or to assume sole responsibility for carrying out any and/or all AUTHORIZED PROJECTS,upon written notice to CITY. Upon such notice, CITY agrees to cease all activity provided hereunder, as specified in said notice. 13. PROGRAM INCOME Program income represents net income directly generated from the use of CDBG funds by CITY as a result of the activity funded under the terms of this Agreement. When such income is generated by an activity only partially assisted with CDBG funds,the income shall be prorated to reflect the percentage of CDBG funds used. CITY shall retain the use of program income by returning program income to COUNTY and requesting project budget increases for activities authorized under this Agreement. Program income shall be returned to COUNTY within thirty(30)days after:a)disposition or sale of real or personal property occurs or;b)cumulative program income reaches increments of one thousand dollars ($1,000): or c) the end of each fiscal year. CITY shall include the reports required by Section 14,PROGRAM REPORTING AND RETENTION OF RECORDS,all sources and amounts of program income on a monthly and year-to-date basis. Program income returned by COUNTY to CITY will be spent by CITY on only those costs authorized under this Agreement. All provisions of this Agreement shall apply to said use of program in L gr come funds. CITY shall account for the receipt and use of program income in such a way that program income is spent on AUTHORIZED PROJECTS before additional CDBG funds are spent. Any program income on-hand when this Agreement expires or is received after such expiration,will be paid to COUNTY. Page 4 of 9 14. PROGRAM REPORTING AND RETENTION OF RECORDS CITY agrees to prepare and submit financial, program progress, and other reports as required by HUD or COUNTY directives. CITY shall maintain such program, property,personnel, financial, statistical and other records,supporting documents and accounts as are considered necessary by HUD or COUNTY to assure proper accounting for all Contract funds. Said records, documents and accounts are to be retained by CITY for a minimum of five (5) years. The retention period starts from the date the COUNTY submits its annual performance and evaluation report,as prescribed in 24 CFR 91.520,in which the service,under the terms of this contract,is reported on for the final time. Said COUNTY submission will follow CITY's final submission to COUNTY of reports identified under this paragraph. Records and accounts subject to litigation or audit must be maintained for the five(5)years or until the issue is resolved,whichever is longer. Records that pertain to real estate transactions must be maintained for the five (5) years or the number of years there is an outstanding obligation, whichever is longer. The starting date for retention of records on CDBG-purchased equipment begins at the end of the equipment's use,when it is disposed of or transferred. The retention period for records relating to program income begins on the last date of COUNTY fiscal year in which the income is earned. All CITY records,with the exception of confidential client information,shall be made available to representatives of COUNTY and the appropriate federal agencies. CITY is required to submit data necessary to complete the Annual Grantee Performance Report in accordance with HUD regulations in the format and at the time designated by the CDH Director or his designee. 15. MONITORING CDH Director or his designee will conduct periodic monitoring of CITY administration of AUTHORIZED PROJECTS. Monitoring will focus on the extent to which CONSOLIDATED PLANT has been implemented and measurable goals achieved, effectiveness of project management, and impact of the AUTHORIZED PROJECTS. Authorized representatives of COUNTY and HUD shall have the right of access to all activities and facilities operated by CITY under this Agreement. Facilities include all files,records,and other documents related to the performance of this Agreement. CITY will permit on-site inspection by COUNTY, and HUD representatives, and insure that its employees furnish such information, as in the judgment of COUNTY and HUD representatives, may be relevant to a question of compliance with contractual conditions and HUD directives, or the effectiveness, legality, and achievements of the program. 16. ACCOUNTING CITY must establish and maintain,on a current basis,an adequate accrual accounting system in accordance with generally accepted accounting principles and standards. 17. AUDITS CITY is required to arrange for an independent financial and compliance audit annually for each fiscal year during which Federal funds are received under this Agreement as required by Circular A-128 pursuant to the Single Audit Act of 1984,Public Law 98-5021. The results of the single audit must be submitted to COUNTY within thirty(330)days of completion. Within thirty(30)days of the submittal of said audit report,CITY shall provide a written response to all conditions or findings reported in said audit report. The response must examine each condition or finding and explain a proposed resolution,including a schedule for correcting any deficiency. All condition or finding correction actions shall take place within six(6)months after CDH's receipt of the audit report. An audit may also be conducted by Federal, State or Local funding source agencies as part of the COUNTY's audit responsibilities. COUNTY and its authorized representatives shall,at all times,have access for the purpose of audit or inspection to any and all books,documents,papers.records,property.,and premises of CITY. CITY's staff will cooperate fully with authorized auditors when they conduct audits and examinations of CITY's program. If indications of misappropriation or misapplication of the funds of this Agreement cause COUNTY to require a special audit,the cost of the audit will be encumbered and deducted from funds allocated to CITY CDBG AUTHORIZED PROJECTS. Should COUNTY subsequently determine that the special audit was not warranted, the amount encumbered will be restored to said CDBG AUTHORIZED PROJECT allocations. Should the special audit confirm misappropriation or misapplication of funds,CITY shall reimburse COUNTY the amount of misappropriation or misapplication from non-CDBG funding sources. Z�l Page 5 of 9 18, REVERSION OF ASSETS Upon Agreement termination CITY shall transfer to COUNTY all CDBG funds on-hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds. All real property acquired or improved in whole or in part with CDBG funds in excess of$25,000 under this Agreement must continue in the use that provides the service benefits and national objectives for which it was funded until five years after expiration of this Agreement, or such longer period of time as determined by COUNTY;or it must be disposed of in a manner resulting in a reimbursement to COUNTY in the amount of the current fair market value of the property less any portion thereof attributable to expenditures of non-CDBG funds for the acquisition of, or improvement to, the property. 19. TERMINATION AND TERMINATION COSTS This Agreement may be terminated in whole or in part at any time by either party upon giving their(30)days notice in writing to the other party. An agreement must be reached by both parties as to reasons and conditions for termination in compliance with the provisions of Federal Regulations at 24 CFR Part 85.44,Termination for Convenience. COUNTY CDH is hereby empowered to give said notice subj ect to ratification by the COUNTY Board of Supervisors. COUNTY may immediately terminate this Agreement upon the termination, suspension, discontinuation or substantial reduction in HUD CDBG funding for the Agreement activity or if for any reason the timely completion of the work under this Agreement is rendered improbable, infeasible or impossible. If CITY materially fails to comply with any term of this Agreement, COUNTY may take one or more of the actions provided under the Federal Regulation at 24 CFR Part 85.43, Enforcement, which includes temporarily withholding cash,disallowing non-compliant costs,wholly or partly terminating the award,withholding future awards, and other remedies that are legally available. In such an event, CITY shall be compensated for all services rendered and all necessarily incurred costs performed in good faith in accordance with the terms of this Agreement that have been previously reimbursed,to the date of said termination to the extent that CDBG funds are available from HUD. 20. PROJECT ACKNOWLEDGMENT Should CITY determine that the funding sources or the names of responsible public officials be displayed on a completed building or significant project,such identification should be acknowledged on a plaque,permanently mounted in an appropriate location,made of bronze or other appropriate material, acknowledging the funding source as the Department of Housing and Urban Development, San Bernardino County Community Development Block Grant. The current Board of Supervisors and the members of the City Council shall also be identified. In instances-where multiple funding sources are utilized to construct a project,all funding sources shall be identified. The listing order of multiple funding sources identified on the plaque shall be the largest dollar amount first,the second largest dollar amount second.. etc. 21. CONTRACT COMPLIANCE CITY will take all necessary affirmative steps to assure that minority firms,women's business enterprises, and Labor surplus Area Finns (a firm located in an area of high unemployment) are used when possible in compliance with provisions of Title 24 Code of Federal Regulations Part 8-5.36(e). Z__ CITY shall comply with Executive Orders 11246,as amended by Executive Orders 11375, 114118, 12086,and 12107, (Equal Employment Opportunity),Executive Orders 11625, 12138, 12432, 12250,and Executive Order 13279 (Equal Protection of the Laws for Faith-Based and Community Organizations), Title VII of the Civil Rights Act of 1964, the California Fair Housing and Employment Act, County Policy 15-01, and other applicable federal, state and COUNTY laws, regulations and policies relating to equal employment and contracting opportunities, including laws and regulations hereafter enaeted. Page 6 of'9 CITY shall make every effort to ensure that all projects funded wholly or in part by CDBG Program funds shall provide equal employment and career advancement opportunities for minorities and women. In addition,CITY shall make every effort to employ residents of the area and shall keep a report of CITY staff positions that have been funded directly by,or as a result of this program. 22. DISCRIMINATION No person shall, on the grounds of race, sex, creed, color, religion, or national origin, be excluded from participating in, be refused the benefits of, or otherwise be subjected to discrimination in any activities, programs, or employment by CITY. 23. STANDARDS OF CONDUCT Pursuant to Office of Management and Budget Circular A-110 Attachment 0 and 24 CFR 570.611,Conflict of Interest,and 24 CFR Part 85.3 6,Procurement,CITY shall maintain a written code or standards of conduct that shall govern the performance of their officers,employees or agents engaged in the award and administration of contracts supported by Federal funds. No employee,officer or agent of the CITY shall participate in selection, award,or administration of a contract supported by Federal funds if a conflict of interest,real or apparent,would be involved. Such a conflict would arise when: a. The employee, officer or agent; b. Any member of his immediate family; c. His or her partner; or d. An organization,which employs,or is about to employ,any of the above,has financial or other interest in the firm selected for award. CITY officers, employees or agents shall neither solicit nor accept gratuities, favors or anything of monetary value from contractors,potential contractors,or parties to subagreements. CITY may set minimum rules where the financial interest is not substantial or the gift is an unsolicited item of nominal intrinsic value. To the extent permitted by State or local law or regulations, such standards of conduct shall provide for penalties,sanctions,or other disciplinary actions for violations of such standards by CITY's officers,employees, or agents, or by contractors or their agents. 24. FORMER COUNTY OFFICIALS CITY agrees to provide or has already provided information on former COUNTY Administrative Officials(as defined below)who are employed by or represent CITY. The information required includes a list of former COUNTY Administrative Officials, who terminated County employment within the last five(5)years and are now officers,principals,partners, associates, or members of the business. The information also includes the employment with or representation of CITY. For purposes of this provision, "COLINTY Administrative Official" is defined as a member of the Board of Supervisors or such Officer's staff,COUNTY Administrative Officer or member of such Officer's staff, COUNTY Department or Group Head, Assistance Department or Group Head,or any employee in the Exempt Group,Management Unit or Safety Management Unit. 25. RELIGIOUS PROSELYTIZING OR POLITICAL ACTIVITIES CITY agrees that it will not perform or permit any religious proselytizing or political activities in connection with the performance of this Agreement, Funds under this Agreement will be used exclusively for performance of the work required under this Agreement and no funds made available under this Agreement shall be used to promote any religious or political activities. Page 7 of 9 2G. INDEMNIFICATION CITY agrees to indemnify, defend and hold harmless COUNTY and its respective authorized officers, employees,agents,and volunteers from any and all claims,actions,losses,damages,and/or liability arising out of this Contract from any cause whatsoever,including the acts,errors or omissions and for any costs or expenses incurred by COUNTY on account of any claim therefore, except where such indemnification is prohibited by law. CITY shall indemnify,defend and hold harmless COUNTY and its respective authorized officers..employees, agents and volunteers from any liability,claims,losses,demands,and actions incurred by COUNTY as a result of the determination by HUD or its successor that activities undertaken by each of CITY under the program(s) fail to comply with any laws,regulations or polices applicable thereto or that any funds billed by and disbursed to CITY under this Contract were improperly expended. 27. SELF-INTSURANCE The CITY and the COUNTY are authorized self-insured public entities for purposes of general liability, automobile liability, professional liability and workers' compensation. CITY and COUNTY warrant that through their respective programs of self-insurance they have adequate coverage or resources to protect against any liabilities arising out of their performance of the terms and conditions of this agreement. (continued on next page) lIi 111 1H H 111 jr 1 11 Itj 117/ Page 8 of 9 28. AMENDMENTS: VARIATIONS This writing, with attachments, embodies the whole of this Agreement of the parties hereto. There are no oral agreements contained herein. Except as herein provided,addition or variation of the terms of this Agreement shall not be valid unless made in the form of a written amendment to this Agreement formally approved and executed by both parties. IN WITNESS WHEREOF,the parties have caused this Agreement to be executed as of the day and year first written above. COUNTY OF SAN BERNARDINO CITY OF REDLANDS By: By: BILL POSTMUS, Chairman J U N 1 3 2006 JO HARRISO ,Mayor Board of Supervisors Dated: May 2, 2006 APPROVED AS TO FORM. THE TERMS ATTEST: AND PROVISIONS OF THIS AGREEMENT ARE FULLY AUTHORIZED UNDER STATE B AND LOCAL LAW AND THIS AGREEMENT LO POYZE , ty ,lerk PROVIDES FULL LEGAL AUTHORITY FOR COUNTY TO UNDERTAKE OR ASSIST IN UNDERTAKING ESSENTIAL Dated: May 2. 2006 COMMUNITY DEVELOPMENT AND HOUSING ASSISTANCE ACTIVITIES, SPECIFICALLY URBAN RENEWAL AND PUBLICLY ASSISTED HOUSING. By: APPROVED AS TO FORM MICHELL MORE for CDH Deputy County C 1 By: `-� ,�J., DANIEL J. MCtHUGH, City Attorney SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD Dated: May 2, 2006 DENA SMI Clerk o e rvisors of t a ino w r to k By. 1 3 2J66 Comdev/renT/ y' le ! at y Agreenxnt/06-09 Redlands DA METRO 01/23/06/BA/eb +�R13INS.3 off Page 9 of 9