HomeMy WebLinkAboutContracts & Agreements_17-1988_CCv0001.pdf COMMUNITY DEVELOPMENT BLOCK GRANT
CITY-COUNTY DELEGATE AGENCY AGREEMENT
For Fiscal Years I988-89, I909-90, 1990-91
This agreement is made and entered into this 17th day of Mav 1988,
by and between the COUNTY OF SAN BERNARDIN0 hBreiMaft8r referred to as "COUNTY" ,
and the CITY OF REDLANDS, a municipal corporation and a political subdivision Of
the State Of California and located within the boundaries of San Bernardino
County, hereinafter referred to OS "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 T Of the Housing and CU00UDitv Development Act of
1974 as amended, hereinafter referred to dS^ACT" , and accordingly, COUNTY will
administer a Community Development Block Grant /CDBG\ program which includes the
development of 8 Final Statement Of Community Development Objectives and
Projected Use Of Funds, hereinafter referred to as "COMMUNITY DEVELOPMENT PLAN" ,
which constitutes COUNTY's application for federal u5SiStaUC2 under said ACT;
and,
WHEREAS, CITY and COUNTY have entered into a nCu0pHrdti0D Agreement for
Community Development Block Grant Funds" , as part of COUNTY CDBG Program,
covering Fiscal Years I988-9I^ to which this is a subordinate and supplementary
agreement per Section lO /,Other Agreements) Of Said Cooperation Agreement
executed by these parties, dated November 2, 1987; and,
WHEREAS, COUNTY administers @ CD88 program in cooperation with ten cities ,
and in the unincorporated areas Of San Bernardino CGUntv, through County
Department Of Economic and Community Development, hereinafter referred to as
"ECD'' , Or its 3UCCesS0r; 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 in
the planning and administration Of the program hereinafter Set forth;
NOW, THEREFORE, it is understood and agreed by and between the parties
hereto as follows:
I. PURPOSE. This agreement is made pursuant to the provisions Of Article l°
Chapter 5, Division 7, Title I of the Government Code of the State Of
California (commencing with Section 5500) , relating to public agencies. The
purpose of this agreement 15 to implement the provisions of the Cooperation
Agreement in Carrying out CD8G activities which have been approved by COUNTY
for CITY in accordance with the COMMUNITY DEVELOPMENT PLAN, The purpose
will be accomplished pursuant to with the requirements of the ACT, its
regulations and other federal , state and county Taws and policies in the
manner hereinafter set forth.
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2. EFFECTIVE PERIOD. This agreement shall become effective beginning July l,
I988 and shallcontinuein full force and effect through June 30, 199I.
COUNTY may grant an extension Of up tQ six (6) months Of the effective
period of this Agreement for the purpose of completing CITY' S
- - pro 'ectG/aCtivities which- are underway and cannot be completed dUri he
term of this Agreement. CITY must request said extension in writing and may
be granted Only upon receiving written approval from 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 incur
expenses for CDBG funded project/activity covered Under the terms Of this
Agreement prior to receiving written authorization from COUNTY. Written
authorization will accomplished when the Attachment A (Request to Initiate
Project/Activity) and B (Project/Activity Description) of this Agreement has
been completed for a CDBG funded project/activity and signed by CITY and
countersigned by ECD. Said Project/Activity Shall be authorized and
hereinafter 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 C) , using the forms and contract boilerplate
contained in (Attachment D\ ^ and agrees to comply with all applicable local ,
county, state and federal regulations associated with implementation Of CDBG
projects.
CITY may contract for all necessary services to complete AUTHORIZED PROJECTS
described On its executed Attachment' s A and 8 provided that contracts are
Submitted to and approved in writing by ECD prior to their execution. CITY
Attorney is responsible for assuring and certifying that the AUTHORIZED
PROJECT undertaken by the CITY' s contracting party complies with all
applicable regulations and statutes , as amended, listed in Attachment C
Section IV.
5. MODIFICATION OF AUTHORIZED PROJECTS. CITY may request modification(s) to
CDBG funding level authorized thrOUQh the Attachment A and/or project
description (i .e. scope of activity) authorized by the Attachment B. Upon
receipt of written request from CITY and approval by COUNTY` COUNTY will
initiate d revision to the Attachment A and/or the Attachment B.
6, COMMUNITY DEVELOPMENT PLAN AMENDMENT. Requests by CITY to add, delete or
substantially modify an activity listed in the COMMUNITY DEVELOPMENT PLAN
must be made in writing to COUNTY. Requests to add new aCtiviLv(i8s) must
be accompanied by d CDBG project proposal application.
Substantial modifications are defined as actions that involve relocation of
activity or allocation changes exceeding twenty-five /25\ percent Of
original allocation amount Or as OtherwiSedetermine*--bv COUNTY-:-
Requests for additions and substantial modifications will be reviewed by
COUNTY for eligibility and compatibility with the COMMUNITY DEVELOPMENT
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 the COMMUNITY
DEVELOPMENT PLAN.
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7. COUNTY RESPONSIBILITIES. COUNTY, through ECD, is empowered to enforce all
feTera| regu|at10nS 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 shall provide technical assistance
to CITY in d timely and expeditious manner upon written request to the
Director of ECD.
8. CONFORMANCE TO COUNTY PROCEDURES. Under this Agreement, CITY elects to
be responsible for carrying Out CUU6 projects. However, in implementing
said projects, CITY must perform all services and activities in accordance
with federal and State statutory requirements and with the policy and
procedures established by the Board of Supervisors and shall specifically
conform to the following terms and conditions:
A. COMMUNITY DEVELOPMENT ADMINISTRATOR. Upon COUNTY and CITY'S mutual
o6S8nt to this contract, CITY will designate a "C0omunitv 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 Attachment A' S and 8'S and apprises CITY Council ,
administration and staff OS appropriate regarding the CDBG program.
CITY may by written notification, change the Community Development
AdminiStratOr,
CITY'S Community Development Administrator for this Agreement is
Sondra � , TITLE: CDBG Administrator
B. FISCAL CONTACT PERSON. For purposes of this Agreement, CITY shall also
designate a +1sc8 | 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 Change the fiscal contact person.
ClTY'5 FiSC87 Contact person for this Agreement is
Sondra K. Morison ^ TITLE: CDBG Administrator
C. CITY shall be responsible for maintaining complete separate fiscal
accounts for funds which CO0e Under its control in Such manner as to
permit the reports required by COUNTY to be prepared therefrom and to
permit the tracing f funds to their final expenditure. CITY will
-- submit to ECD CmDpl8tG and detailed project deScriptiO -bFZ; s, and--
expenses for each project that CITY implements with CDBG funds along
with monthly reports of grant expenditures.
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g. MAINTENANCE AND OPERATION OF FAClLITlES, CITY shall provide maintenance and
�_p_eration for the life o the facility, not less than(20) twenty years.
IO. INSURANCE. CITY shall require each contractor and sub-contractor performing
BG projects to secure and maintain the following minimum insurance
during the term Of their contract(s) .
All policies with respect to the insurance coverage required below, except
for Workers' Compensation insurance coverage, shall contain additional
endorsements naming COUNTY, and their employees, agents, volunteers and
officers as additional named insured with respect to liabilities arising out
of the performance Of services hereunder.
- Workers' Compensation - A program Of workers' compensation insurance Or
d State-approved Self Insurance Program in an amount and form to meet
all applicable requirements of the Labor Code Of the State of
California, including Employer' s Liability with $250,000 limits,
covering all persons providing services On behalf of the Contractor and
all risks to such persons under this Agreement.
The Contractor shall require the carriers Of this coverage to waive all
rights of subrogation against ECD and COUNTY, their officers,
volunteers , employees , contractors and subcontractors.
- Comprehensive General and Automobile Liability Insurance - this
coverage to include contractual coverage and automobile liability
coverage for owned, hired, and nCn-owned VHhiCles. The policy shall
have combined single limits for bodily injury and property damage of
not less than One million dollars ($1,000,000),
The above policies shall provide that such insurance shall not be terminated
Or expire without thirty /30\ days written notice to ECD and shall maintain
such insurance from the time contractor commences performance Of services
hereunder until the completion Of such services. In the event Of any damage
Or destruction to facilities funded in whole Or in part by CDBG funds, CITY
shall use the entire insurance proceeds to restore said facilities.
ll. FUNDING LIMITS CDBG funding Of AUTHORIZED PROJECTS is limited to the
allocatedamount by CITY in AUTHORIZED PROJECTS Attachment A.
12, DISBURSEMENT OF FUNDS. All CDBG funds allocated to CITY project(s) shall be
received from rdl Government by COUNTY Under ACT. ECD will disburse
the funds to CITY OD d C0St reimbursement basis. Billing Shall be
accompanied by all pertinent source documentation to he presented to ECD by
CITY on or about the first day of each month.. allowing 15 days for payment
On the part of ECD, COUNTY shall be entitled to retain from such funds such
amount as is calculated as the direct costs (including, but not limited to,
S�l�ri�5,
benefits mileage, actual CUSt Of materials, meals and other
authorized expenses allowable under the Travel Code Section 13.0638 County
of 3dM Bernardino) incurred by COUNTY in implementing CITY'S AUTHORIZED
13. WITHHOLDING OF FUNDS. COUNTY Shall retain the right to withhold funds for
any programs cdrr1ed 0Ut by CITY or CITY' 3 subcontractor upon giving written
notice to CITY indicating that COUNTY has determined that CITY has not
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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 0bieCtiOn/S\ to
ClTY' 6 performance. CITY Shall then have a maximum of lO days in which to
remedy said deficiencies. Should approval Of COUNTY not be Obtained within
said period, COUNTY shall have full authority to reallocate ClTY'3 program
funding to other eligible activities which can be implemented Or to assume
�Ole 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.
14. PROGRAM INCOME. Program income represents gross income earned by CITY as a
reSU|t Of an AUTHORIZED PROJECT funded under the terms of this Agreement.
CITY shall retain the use of program income by returning program income to
COUNTY and requesting project allocation increase(s) for activities listed
in the Current COMMUNITY DEVELOPMENT PLAN, Program income shall be returned
to COUNTY within thirty /30\ days after: a) disposition Or sale Of real
property 0CCQrs Or; b) cumulative program income reaches increments Of one
thousand dollars ($I,000) and; C\ the end Of each fiscal year.
CITY shall include in the Program Reporting requirements of Section 15, all
sources and 8mDU0t of program income On a monthly and year-to-date basis.
15. PROGRAM REPORTING. CITY agrees to prepare and submit findnCiul , program
progress, evaluations , and other reports as required by HUD or COUNTY
directives. CITY shall maintain such property, personnel , financial and
other records and accounts as are considered necessary by HUD Or COUNTY to
assure proper accounting for all authorized project funds. 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 and EEO-4 form (Annual Equal Employment
Opportunities form) in accordance with HUD regulations in the format and at
the time designated by COUNTY Director Of ECO Or his designee. By the first
Of each month, CITY shall submit to COUNTY ECD, D monthly status report On
all active AUTHORIZED PROJECT(S) and if applicable, program income
generating activities (see Attachment D-3).
16. MONITORING. ECD Director or his designee will conduct periodic monitoring
of CITY administration Of AUTHORIZED PROJECTS. Monitoring will fOCUS on
the extent to which the COMMUNITY DEVELOPMENT PLAN 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 10 all activities and facilities operated by
CITY under this A0reement. 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 iOSUr8 that its
employees furnish such information, as in the judgement Of COUNTY and HUD
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representatives, may be relevant to a question Of compliance with
contractual conditions and HUD directives, or the effectiveness, legality,
and achievements Of the program.
17. ACCOUNTlMG. CITY must establish and maintain on a current basis an adequate
accrual accounting System in accordance with generally accepted accounting
principles and standards.
IO. AUDITS. CITY is required to- arrange for an independent financial and
[0mp>ian[e audit annually for h 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 98-502. The results Of the single
audit must be submitted to COUNTY within thirty (30) days of completion.
Within thirty (30) days Of the submittal of Said audit report, CITY shall
provide d written response to all conditions Or findings reported in said
audit rep0rt. The response 0USt examine each condition or finding and
explain d proposed resolution, including d schedule for correcting any
deficiency. All condition Or finding correction actions shall take place
within Six /6\ months after E[D' 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 respODsibiliti8s. 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 d special audit, the Cost of the audit
will be encumbered and deducted from funds allocated to CITY CD8G projects.
Should COUNTY subsequently determine that the special audit was not
warranted, the amount encumbered will be restored to Said CO8G project
DllOCdt1Un5. 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.
19. PROJECT ACKNOWLEDGEMENT. Should CITY determine that the funding sources or
the names of responsible pUUl1C 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 5OUrCR 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. ID instances where multiple
funding sources are utilized to construct 8 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,
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20, AFFIRMATIVE ACTlON, CITY Shall make every effort to ensure that all
projects funded wholly or in part � bv CD8G 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 record of CITY staff positions that have been funded
directly by Or as a result of this program.
21. DISCRIMINATION. During the performance of this contract, CITY agrees not to
discriminate against any contractor or applicant for employment in
performing work because of race, color, religion, 58x or national origin.
CITY further agrees to take affirmative action to ensure that its
contractors employ and treat all employees during employment without regard
to their race, color, religion, sex or national 0rigin, Such action shall
include, but not be limited to, the following: employment, upgrading,
demotion or transfer, recruitment or recruitment advertising, lay Off Or
termination, etc. CITY will cause contractor to comply with the provisions
Of Executive Order I1246 Of September 24, 1965, and the rules, regulations,
and relevant orders Of the Secretary Of Labor. CITY Shall require its
contractor to post in COpspiCUOUs places , available to employees and
applicants for employment, notices Setting forth the provisions of this
nondiscrimination clause.
22. STANDARDS OF CONDUCT. Pursuant to Office of Management and Budget Circular
A-lU2-1 » Attachment O, Section 7, Code of Conduct, CITY shall maintain d
written code or standards of conduct which 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.
The ClTY'5 officers, employees or agents shall neither solicit nor accept
gratuities, favors Or anything of monetary value from contractors, potential
contractors, or parties to sVbdgr8ements.
CITY may set minimum rules where the financial interest is not substantial
or the gift is an unsolicited item Of nominal intrinsic Value.
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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 the CITY'S officers, employees ,
or agents, or by contractors or their agents,
23. RELIGIOUS PROSELYTIZING OR POLITICAL ACTIVITIES. CITY agrees that it will
not perform or pennl3 any religious proselytizing Or po/1tlCd| dCt1v1t1eS 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.
24. HOLD HARMLESS. CITY Shall indemnify and hold the COUNTY, its officers ,
agents, volunteers and employees, harmless from and against any loss,
liability, claim, or damage that may arise Or result from activities Of
CITY, its Officers, agents, volunteers and employees; and, CITY shall , at
its Own cost, expense and risk, defend any legal proceedings that may be
brought against COUNTY, its officers, agents and employees, OO any
liability, claim Or demand and satisfy any judgement that may be rendered
against any Of them arising Or resulting from activities of CITY, its
officers, agents and employees. CITY shall assume liability for all and any
direct expense incurred in providing services pursuant to this Agreement and
shall assume any and all responsibilities for loss Or damage resulting from
negligence, injury, illness or disease arising out Of the provision of
services. CITY, however, is obligated to promptly notify COUNTY in writing
of the occurrence of any such loss Or damage.
CITY shall indemnify and hold harmless COUNTY against aOy liability, claims ,
losses, demands, and actions incurred by COUNTY as d result of the
determination by the United States Department Of Housing and Urban
Development or its successor that activities' undertaken by CITY under the
program Or programs fail to comply with any laws, regulations or policies
applicable thereto or that any funds billed by and disbursed to CITY under
this Agreement were improperly expended.
25, ATTORNEY'S FEES. If any action at law or in equity is brought to enforce Or
interpret the provisions Of this Agreement, the prevailing party will be
entitled to reasonable attorney' s fees in addition to any other relief to
which it may be entitled.
26^ GRANT ADMINISTRATION. Ten percent of City' s total allocation shall be set
aside for grant administration.
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of
the day and year first written above.
"COUNTY" "CITY"-
COUNTY OF SAN BERNARDINO CITY OF .REDLANDS
BY: CRAIRMAN, BOARD OF SUPERVISORS BY:
TITLE: Mayor
Dated: Dated: May 17, 1988
SIGNED AND CERTIFIED THAT A COPY OF
THIS DOCUMENT HAS BEEN DELIVERED TO
THE CHAIRMAN OF THE BOARD
MARTHA M. SCUDDER
Clerk of the Board of Supervisors
of the County of San Bernardino
BY:
Deputy
APPROVED AS TO FORM APPROVED AS TO FORM
OFFICE OF CITY ATTORNEY
ALAN K. MARKS
COUNTY COUNSEL
BY:
Deputy CoUnty co
DATED: DATED: LOQ.
RECOMMENDED AS TO CONTENT RECOMMENDED AS TO CONTENT
gtfix2 E. 1-4n&oA-,
Eounty Administrative Officer "Tt—V Manager
DATED: DATED: may 18, 1988
PLN24/DEL AGENCY AGMT
11/10/87/bij
4/15/88/bjj
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ATTACHMENT A - REQUEST TO INITIATE PROJECT/ACTIVITY
CASE NUMBER: DATE OF ORIGINAL ISSUE:
TARGET AREA: ORIGINAL: REVISION :
[TATE OF REVISION:
Pursuant to the terms of the Contract between the Department of Economic and Community
Development (ECD) and the CITY OF , dated
ECD hereby requests that the following project/activity be initiated. There will be
no changes in Project/Activity Title* Activity Budget (Attachment A) or in the Activity
Description (Attachment B) without written approval of the Director of the Department
of Economic and Community Development.
PROJECT/ACTIVITY TITLE:
ACTIVITY LOCATION: TOTAL PROJECT ALLOCATION:
CITY CDBG
IMPLEMENTING ENTITY: ALLOCATION RELEASED $
CITY CDBG FUNDS EXPENDED
DATE OF RELEASE OF FINDS: AS OF: $
BALANCE OF FUNDS AVAILABLE: $
SCHEDULE OF FIND AVAILABILITY:
Years 1-10 Year 11 Year 12 Year 13 Year 14 Year 15 Year 16 TOTAL OF
(75-85) x(85-86) ((886_--87)_ $ (87-88) $ (88-89) $ (89.90) (90-91)� X16 YEARS
MAINTENANCE AND OPERATION BUDGET/AGREEMENT:
OTHER PERTINENT INFORMATION:
DIRECTOR DATE:
EPWA/DEPT. OF ECONOMIC AND COMMUNITY DEVELOPMENT
ACCEPTANCE OF REQUEST TO INITIATE PROJECT/ACTIVITY
I hereby acknowledge the receipt of the Request to Initiate the above Project/Activity
and agree to implement the activity described in Attachment B (Project/Activity Description)
in accordance with the above Allocation and Balance of Funds Available subject to necessary
approvals of the Board of Supervisors. The proposed budget for this project is as follows:
LAND ACQUISITION: PURCHASE OF EQUIPMENT: $
STAFF COST RELATED CONSTRUCTION COST: $
TO LAND ACQUISITION: $ CITY STAFF COST:
DESIGN: $ CONTINGENCY:
CONSULTANT SERVICES: $
TOTA-L PROJE�t ALL _-F f : $
IMPLEMENTING CITY SIGNATURE DATE
TITLE
ECO/11/87
A[ /1-007
CASE NUMBER: DATE OF ORIGINAL ISSUE:
TARGET AREA: ORIGINAL: REVISION #:
DATE OF REVISION:
PROJECT/ACTIVITY TITLE:
ACTIVITY LOCATION:
ACTIVITY DESCRIPTION:
ENVIRONMENTAL PUBLIC WORKS AGENCY
DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT
DIRECTOR ~''^
IMPLEMENTING ENTITY:
`
SIGNATURE
DATE TITLE
ECO/77/87
ADMlN/7-004
�
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DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT Attachment C
DELEGATE AGENCY
COORDINATION PROCEDURE
I Introduction
The following procedure identifies the actions, responsibilities, and sequence
Of events for CDB6 funded projects being implemented by a coordinated effort
- '
between the S30 Bernardino [0W Department nt Uf Economic and Community
Development (ECD) and the Delegate Agency (DA). For each action or event listed
in Section III of this attachment, e entity' responsible for carrying out that
action or event is referenced beside it. Section IV contains regulations and
statutes applicable to CDBG funded activities.
Il Authorization to Proceed
Delegate Agencies are not authorized to expend funds nor to initiate CD8G
projects until authorized to do s0 in writing by ECD. Continued authorization
is contingent upon adequate progress and time} submission of Monthly Project
Status Reports covering all currently AUIHORIZED PROJECTS. See
---- - -fUr blank Monthly Status Report form. ECD poy�8nts of DA requests for
reimbursement will be subject to
DA submittal Of complete reimbursement report
package as listed in Section III, D-22.
A. p
Each project activity is initiated ` an Attachment A. The Attachment A is
released when the project/activity project/activityis ready to be implemented and
8VU3eqU8nt to environmental clearance and release of funds from HUD. It
specifies the total funding allocation for the
� `—' project/activity, t^
he
portions currently released and available to expend, the budget categories allocation will be expended Under, and the entity responsible for
maintenance and operation Of the completed project.
In accepting the Attachment A the Delegate Agency is to complete an
estimated budget showing the allocation distribution to design costs, Staff
costs , construction costs, etc. This breakdown may also include a
contingency or inflation factor not to exceed lO% of the total activity
allocation.
B. Activity Description
The activity description is forwarded to the De)8gate =8HCy as Attachment
B. The preparation of the project description, both preliminary and final
is the responsibility Of the ECD Planning Section.
"
The Description should be specific enough for use as the scope of work
funded by CD8G money in an RFP for architectural Or engineering services Or
for d vendor in preparing a bid. It Will contain, but is not limited to
the following:
I. Title of Project/Activity
2. Activity Number
3' Specific site description
C-I
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4. On- and Off-site improvement description
5. Size of building
6. Fixtures list (Such as stove, built-in equipment)
7. Water and sewer requirements
B. Utilities
9. Specific zoning and planning requirements
lO. Specific W5e5 Of the Site and/Or building
II. Equipment
I2^ Functions
Approval to change the project/activity description will CO08 from ECD in
the form of d revised Attachment B (and corresponding Attachment A, if
appropriate).
ECD will complete the Attachments A and 8 and will send two copies each to
the Delegate Agency for signature. Once signed and fully completed, they
must be returned to ECD for the Director' s signature. A copy of each will
be returned to the Delegate Agency signifying authorization to proceed with
actions outlined in the following section.
III Actions and Responsibilities
A. Property Acquisition
The Delegate Agency Can pursue the acquisition of real property /
and
related relocation, if necessary) through its jurisdiction or request the
County's EPWA Real Property Division Of the Engineering Contract Services
Department to handle the acquisition and/or r8|OCdt1On.
l. If the Delegate Agency wishes to purchase the property, the following
procedure should be followed:
8. DA: R2f8[S to HUD Handbook 1377 which implements the Uniform
Relocation Assistance and Real Property— /kzzniSitiUn
regulations including the Federal Relocation Assistance and
Acquisition Policy Act of I970, the Braithwaite Act Of the
State of California and any subsequent amendments to these
acts and regulations.
b. DA: Obtains required appraisals.
C. DA: Reviews required appraisals and/or leases to determine if
property Can he acquired within the project allocation.
d. DA: Sends all lease documents to ECD for approval .
e. DA: Sends any requests for adjustments of funds for property
acquisition and/or relocation to the ECD Director for
approval .
f. ECU: lGsQ8s approvals in relation to D above and sends them to
Delegate Agency.
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g. DA: Initiates lease or purchase.
h. DA: Sends Request for Advance of Funds to ECD 10 working days
prior to expected close of escrow, with all appropriate
documentation attached.
2. If the Delegate Agency desires to have the County EPWA Real Property
Division of the Engineering Contract Services Department handle
Acquisition and/or relocation activities, the Delegate Agency should
follow this procedure:
a. DA: Submits a letter to ECD requesting that the Real Property
Division handle the project/activity, describing in
detail what property is to be acquired, giving all pertinent
information, and identifying who the Delegate Agency contact
person is to be.
b. ECD: Initiates appraisal process.
C. Real Property Division: Obtains required appraisals.
d. Real Property Division: Forwards appraisals to DA
e. DA: Reviews appraisals and/or leases to determine if property
should be acquired and/or leased. Prepare and forward
request to ECD.
f. ECD: Reviews request from DA, and forwards Authorization to
Proceed to Real property (Note all leases and all
adjustments in project allocations must be requested and
approved by the ECD Director) . .
g. Real Property Division: Initiates Purchase or Lease of Property.
The Real Property Division will work with the designated Delegate
Agency Contact throughout the acquisition/relocation process to assure
that the Delegate Agency is aware of the activities and can make any
necessary decisions in relation to the activity.
B. Architect and/or Engineer Selection
1. The usual procedure for the selection of an architect or engineer
involves a Request for Professional Services (RFP), following this
process:
a. DA: Prepares an RFP for architectural , engineering, or other
consultant services.
b. DA: Submits, prior to- release all—UP's t-o -ECD for review for
contract compliance and consistency with Federal Circular
A-102 Attachment 0 (Procurement Standards).
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c DA: Reviews RFP' s for compliance with State, Federal , local and
ECD regulations. Requests ECD for "Approval to Proceed to
Issue RFP" .
d. ECD: Issues to DA an "Approval to Proceed to Issue an RFP" .
e. DA: Advertises RFP, receives responses, interviews, requests ECD
representation on Selection Committee, and makes selection.
f. DA: Notifies ECD of selection. Sends back-up documentation and
draft contract to ECD. Requests ECD for "Approval to
Proceed to Award a Consultant Services Contract".
g. ECD: Reviews final contract for contract compliance and issues a
"Approval to Proceed to Award a Consultant Services
Contract".
h. DA: Awards Consultant Services Contract.
2. Architectural and Engineering Services may also be negotiated under
certain situations; i .e. , obtained through a sole source procurement.
This is an eligible alternative requiring the following steps:
a. DA: Determines that the situation warrants sole source
procurement and that such procurement will comply with
requirements and criteria specified in Federal Circular
A-102 Attachment 0 (Procurement Standards).
b. DA: Selects architect, engineer or other consultant.
C. DA: Sends Request for Approval to Proceed to Award a Sole Source
Consultant Services Contract to ECD explaining why the
Delegate Agency has chosen the consultant and why the
competitive RFP procedure is not being used.
d. ECD: Reviews the request and approves or denies sole source
procurement request based on explanation and backup.
e. ECD: Issues "Approval to Proceed to Award a Sole Source
Consultant Services Contract" authorization or denial or
request.
f. DA: Negotiates and awards the sole source contract.
C. Design Phase
1. DA: Monitors preparation of preliminary plans by architect.
--2. DA-:-- Notifies ECD of all public meetings with architect- five- working
days before event.
S. ECD/DA: Reviews and approves Preliminary Design.
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4. DA: Secures all required permits and regulatory approvals.
5. 0q: Reviews and approves plans and specifications, and obtains
current State and Federal Wage Decisions to include in the bid
package. ECD keeps current copies which are available by
request.
O, DA: Forwards construction bid package to ECD for review and approval
along with Request for "Approval to Proceed to Issue an
Invitation to Bid for Construction SerYiceS", 5e8 Attachment D
"Construction Contract Boilerplate" , for the forms used in
preparing bid packages.
7, ECD: Reviews and approves construction bid package for compliance with
Federal , State and local regulations and forwards authorization
to proceed with changes /if 6Oy\ to DA.
8. DA: 3eCVr85 plan check Of plans and specifications from the
appropriate Building and Safety Authority.
Q. Construction Phase
l. 08: Advertises invitation to bid and receives bids.
2. DA: Ten days prior to bid opening, DA makes telephone contact with
ECD and requests Updated State and Federal Wage Decisions. ECD
will Send to DA the latest Wage Decisions. If they are in any
Way different from those issued in the original bid package, DA
will immediately forward latest wage decision to all bidding
contractors who, in turn, submit revised bids prior to the bid
opening.
J. DA: Conducts bid opening and sends to ECD d copy Of the awarded
contract bid specifications including copies Of the Wage —
Decisions in effect at bid opening.
4. DA: Submits the low bidder information and list of subcontractors to
ECD and requests ECD FOR "Approval to Proceed to Award a
Construction Services Contract". If adjustment Of funds or
project description is needed, the written request for
red]lOCdtiOU of funds (revision of Attachment &\ or r2VfsiOU of
project description (revision of Attachment B\ should be sent at
this time. Requests over 25%C Of project allocation, requires
approval by the DA' s governing body in d public hearing.
5. ECD: Prepares revisions to Attachment A and/or B as requested.
6. ECD: Reviews Contractor/Subcontractor's eligibility to receive Federal
contracts. -
7. ECD: I35U8S Approval to Proceed to Delegate Agency.
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8. OA: Approves the Affirmative Action Plan for contractors who: I\ have
contracts with the S8 during Current fiscal year, or 2\ employ
ten Or more employees , or 3) bid the work for more than $10,000.
9. DA: Insures completeness Of contract documents prior to award of
contract.
lD. DA: Awards Contract.
lI. DA: Notifies ECD of pre-construction conference at least 12 days
prior to event.
12. ECD: Notifies HUD Of pre-construction COUf2renC2 at least lO days
prior to event.
13. DA: Conducts pr2-CQDStrUCtiOD conference (ECD attendance mandatory).
ECD forwards Contract Compliance Instructions to prime
contractor.
14. DA: Provides ECD with d copy Of signed contract prior to start of
construction. DA ensures completion Of bonds and obtains
contractor/subcontractor certifications concerning labor
standards and prevailing wage r2qUir20£Dt3 before signing
contract.
15. DA: Keeps an up-to-date record Of all encumbrances and obligations ,
including Staff CD5tS incurred, to 3S5Vr8 that the remaining
balance of funds is known.
16- ECD/DA: Ongoing observation and monitoring of projects.
17. DA: Conducts Onsite interviews with employees regarding their wages.
Sends copy Of interviews to ECD /S6e 22U below).
18. DA: Receives from contractor, requests for progress payments
accompanied by Weekly Certified Payroll , fQnD WH-347, and any
other documentation of expenditures and work accomplished. See
Attachment D for WH-347 form.
19, ECO: Receives from contractor, duplicate copies of Weekly Certified
Payroll forms WITH ORIGINAL SIGNATURES and Monthly Employee
Utilization Reports, form C[-257.
20. OA/ Checks payroll forms against employee interview forms for
ECD: consistency between wage rates reported by contractor and wages
received by employees.
91. ECD: Checks contractor's compliance With the approved Affirmative
Action Plan Using Monthly Employee Ut-i]iZatiQrm-Reports, form
CC-257 received from contractor.
22. DA: Submits to ECD once each month during the term of the
construction contract a report package containing:
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a. Request for Reimbursement and accompanying documentation.
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Payments on said requests are subject to COmd� - compliance with
Federal Labor Standards.
complete
b. Copies of Employee Interview forms for that month.
See Attachment D for blank forms.
23. DA: Notifies ECD of all meetings regarding ECD projects, such as
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Design Conferences, Public Meetings, 0�8tingS with Community
Development Advisory Commission , Delegate Agencyat least five
working days before event OCCVrS.
24. &4: Processes change orders and Sends COpy/ieS) Of change Order/S \
along with "Request for Approval of d Contract' ct ChdOgB Order" to
ECD.
25, DA: Must obtain approval from ECD regarding all change orders prior
to authorizing the contractor to proceed with said changes.
26, DA: Requests revisions to Attachment A Or Attachment B as needed.
27. ECD: Revises Attachments A or 8 and issues Approval to Proceed to
issue Change Order/s\ to Delegate Agency.
28. OA: N0ti `iG3 ECD of final inspections at least five working days
before inspection.
29. DA: Attends final inspections (ECD attendance optional ).
30, DA: Secures its governing body's acceptance of completed project and
filing Of completion fUMn ^
31, ECD: Monitors project progress and contract C[:Dpli8nce and issues, as
necessary, "Notice Of Non-Receipt Of Monthly Status Report" or
"Notice to Submit Final Activity C05tSo notices to Delegate
Agency.
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32. DA: Makes every effort necessary to comply with said notices.
33, DA: Prepares and submits Notice Of Completion to ECD.
34. ECD: Conducts Annual Certification Of Use Of Facilities.
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IV. DELEGATE AGENCY must ensure compliance with the following regulations and
statutes, as amended, in carrying Out CDD8 funded activities:
A. Community Development Block Grant Regulations of the Housing and Community
Development Act of 1974, 1980 and amendement5 Of 1981,
B. National Environmental Policy Act of 1959 Office of Management and Budget
Circulars A-87, A-102, A-I10, A-122 and A-123.
C. Federal Labor Standards Compliance Handbook NO. 13344. I REV-1 including:
I\ D3ViS-8dCOD Act.
2\ Contract Work Hours and Safety Standards Act
3\ Copeland Act
4\ Equal Employment Opportunity Requirements of Executive Order 11246, as
amended, and 29 [FR Part 30.
D. National Environmental Policy Act.
E. National Flood Insurance Program.
F. Archaeological and Historic Preservation Act of 1974.
G. Architectural Barriers Act of 1958.
H. Clean Air Act
I. Federal Water Pollution Control Act.
J. Section 3 regulations of the Housing and Urban Development Act Of 1968
(Title 24, CFR 1_35).
K. Civil Rights Act.
L. Uniform Relocation Assistance and Real Property Acquisition Policies Act.
M. Hatch Act.
N. Implementation Policy for CD8G-funded facilities, adopted by the Board Of
Supervisors OD May 3, 1976.
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