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HomeMy WebLinkAboutContracts & Agreements_71-2014_CCv0001.pdf FOR COUNTY USE ONLY LL-j — _aler FAS Vendor Code Dept. 7271 Nu b Change SIC A Cancel ePro Vendor Number ePro Contract Number County Department Dept, Orgn, Contractor's License No, Economic Development Agency ECD ECD County Department Contract Representative Telephone Total Contract Amount County of San Bernardino Dena Fuentes, Director (909)387-4411 FAS 11 13 , Encumbered Contract Type avenue J Unencumbered Other: if not encumbered or revenue contract )�vide STANDARD CONTRACT Commodity Code Contract Start Date Contract End Date 06ginal Amount Amendment Amount July 1,2015 June 30,2018 N/A NIA Fund Dept. Organization Appr, Obi/RevSource GRC/PR0J/JOBNo1 Amount SBA ECD ECD 200 2005 $ Fund Dept, Orgaritzation Appr. Opp/Rev Source GRC/PROJIJOB No, Amount Fund Dept, organization Ap p-r—. - Opp/Rev Source--GRCIPROJ/JOB No. Amount Project Name Estimated Payment Total by Fiscal Year FY 2015-18 FY Amount 11D FY Amount lie City-County Cooperation Agreement THIS CONTRACT is entered into in the State of California by and between the County of San Bernardino, hereinafter called the County, and Name City of Redlands hereinafter called Address P.0, Box 3005 Redlands, CA 92373 Teiephone Federal ID No.or Social Security No. (909) 798-7500 Nature of Contract, The attached Cooperation Agreement is required by the U.S. Department of Housing and Urban Development(HUD) in order to include the City of Redlands as a participant in the County's Community Development Block Grant (CDBG), HOME Investment Partnership, Emergency Solutions Grant (ESG) and other HUD grant(s) programs, It allows the City's population statistics to be included by HUD to calculate the County's grant(s) amount for each year starting in fiscal year 2015-2016 to 2017-18 and will automatically renew every three years thereafter unless revoked by either party, for so long as the County is designated as an Urban County, The attached Contract consists of eight pages and two exhibits. Approved as to Legal Form(sign in blue ink) Reviewed as to Contract Compliance Presented to Bt S for Signature 10- Please see slgaature oil lata e of ntract Please see sia2!!2Lt.2��� *-Please see signature on last page of contract nature on last County Counsel Department Head Date Date Date Auditor-ControrletyTreasurer'rax Co/Wtar Useerr 0 Contract Database OFAS Input Date Keyed By I Page 1 of 9 . a COOPERATION AGREEMENT FOR HOUSING AND URBAN DEVELOPMENT COMMUNITY DEVELOPMENT AND PLANNING GRANTS FOR FISCAL YEARS 2015-16, 2016-17, 2017-18 AND SUBSEQUENT AUTOMATIC RENEWALS, UNLESS TERMINATED This Agreement is made and entered into this day of , 2014, by and between the County of San Bernardino, of the State of California, hereinafter referred to as "COUNTY", and the City of Redlands, a City within COUNTY, hereinafter referred to as "CITY". WHEREAS, U.S. Department of Housing and Urban Development, hereinafter called HUD, provides Community Development Block Grant, Catalog of Federal Domestic Assistance (CFDA) #14.218, HOME Investment Partnership, CFDA#14.239, and Emergency Solutions Grants, CFDA#14.231, funds and other grants directly to qualified Metropolitan Cities, and Urban Counties via their Community Planning and Development (CPD) Division; and WHEREAS, the Housing and Community Development Act of 1974, as amended (Public Law 93-383), hereinafter referred to as ACT, provides that Community Development Block Grant, hereinafter referred to as "CDBG", funds may be used for the support of activities that provide decent housing and suitable living environments and expanded economic opportunities principally for persons of low- and moderate-income; and, WHEREAS, the Congress of the United States has enacted the Cranston-Gonzalez National Affordable Housing Act, Title Il of this Act created the HOME Investment Partnership Program, hereinafter called "HOME", that provides funds to states and local governments for the purpose of increasing the number of affordable housing opportunities for low-and moderate income families; and WHEREAS, the Congress of the United States provides funding for the Emergency Solutions Grant Program, hereinafter called "ESG", for the purpose of assisting individuals and families in quickly regaining stability in permanent housing after experiencing a housing crisis or homelessness; and WHEREAS, this Cooperation Agreement covers CDBG, HOME, ESG and other HUD entitlement grants; and WHEREAS, COUNTY is a qualified Urban County and hereinafter COUNTY PROGRAM will refer to the COUNTY's CDBG, HOME, ESG and other HUD grants program as well as to the legislation and regulations that created and funded these programs; and WHEREAS, HUD requires Metropolitan Cities and Urban Counties to re-qualify every three (3) years in order to receive an allocation of various grant funds from HUD; and WHEREAS, CITY as a qualified Metropolitan City can receive funds directly from HUD; and WHEREAS, CITY approached COUNTY requesting to become a part of COUNTY PROGRAM; and WHEREAS, CITY and COUNTY both desire for CITY to continue to be a part of COUNTY PROGRAM so both entities can benefit from increased efficiencies though economies of scale created by having the City's funding allocation of these grants be added and be a part of the COUNTY PROGRAM for 2015-16, 2016-17, 2017-18 and every three (3)years thereafter; and WHEREAS CITY and COUNTY agree that COUNTY shall be solely responsible for administering, managing and directing COUNTY PROGRAM including but not limited to the preparation of the Consolidated Plan that is required to be submitted to HUD in order for COUNTY to have access to COUNTY PROGRAM funds and Revised 1/8/13 Page 2 of 9 as such COUNTY has final authority for selecting activities that will be funded with COUNTY PROGRAM funds and; WHEREAS, the execution of this Cooperation Agreement, hereinafter referred to as AGREEMENT, is necessary in order to meet the desires of both CITY and COUNTY of having CITY be a part of COUNTY PROGRAM. NOW THEREFORE, in consideration of the mutual covenants herein set forth and the mutual benefits to be derived therefrom, the parties agree as follows: 1. GENERAL This AGREEMENT gives COUNTY authority to undertake or assist in undertaking activities starting on July1, 2015 for Fiscal Years 2015-2016, 2016-17, 2017-18, which will be funded from COUNTY PROGRAM funds, which will include CITY's funding allocations, and from any program income generated from the expenditure of such funds. COUNTY and CITY agree to cooperate to undertake, or assist in undertaking community renewal and affordable housing activities. This AGREEMENT shall automatically renew for a new three (3) year-period every time COUNTY re-qualifies as an Urban County, (which is every three (3) years), until such time as the City Council for the City of Redlands or San Bernardino County Board of Supervisors elects to terminate this AGREEMENT at the conclusion of the preceding three-year term. This AGREEMENT covers all COUNTY PROGRAM funds and other associated grants administered by HUD though its CPD Division or its successor. By executing this AGREEMENT, CITY understands that it may not apply for grants under the Small Cities or State CDBG Programs from appropriations for fiscal years during the term of this AGREEMENT, and CITY may not participate in a HOME consortium other than COUNTY HOME program regardless of whether COUNTY receives a HOME formula allocation. The purpose of the Delegate Agency Agreement, which accompanies this AGREEMENT (Exhibit 1), and subsequent ATTACHMENTS, is to enable CITY to implement projects and or programs funded with CDBG funds as described in SECTION 14. 2. TERM The term of this AGREEMENT shall be for fiscal years 2015-16, 2016-17, 2017-18 and shall commence as of July 1, 2015. This AGREEMENT will subsequently automatically renew when COUNTY re-qualifies as an Urban County for the next three (3) year period and therefore a new three (3) year term of this AGREEMENT will begin at that time. The first of these automatic three (3) year term renewals will occur at the beginning of fiscal year 2018-2019 (July 1, 2018) and every three (3) years thereafter unless an earlier date of termination is fixed by HUD pursuant to COUNTY PROGRAM or until such time as the City Council for the City of Redlands or San Bernardino County Board of Supervisors elects to terminate this AGREEMENT at the conclusion of a 3-year term. This AGREEMENT shall remain in effect until all COUNTY PROGRAM grant funds covered under the terms of this AGREEMENT, and any program income generated from the expenditure of such funds, are expended, and the funded activities are completed. This AGREEMENT may not be terminated or withdrawn by the parties for any circumstance or reason during the term of this AGREEMENT. In order for the automatic renewal provisions of this AGREEMENT to be approved, HUD mandates that this AGREEMENT includes a stipulation that requires CITY and COUNTY to adopt any amendment(s) necessary to meet the requirements for cooperation agreements set forth in an Urban County Qualification Notice applicable for a subsequent three-year urban county qualification period, and to submit such amendment to HUD as provided in the Urban County Qualification Notice and that such failure to comply will void the automatic renewal for such qualification period. Revised 118113 Page 3 of 9 In addition, as part of the Urban County re-qualification process the COUNTY goes though every three (3) years, COUNTY will notify CITY, via a letter, that CITY has the ability to terminate this AGREEMENT and not be included as part of the submission by COUNTY to HUD for re-qualifying as an Urban County for the subsequent three (3) year qualification period. CITY agrees to send a timely response letter to COUNTY stating its intentions to either continue to be a part the COUNTY PROGRAM or to elect to terminate this AGREEMENT and not be a part of the COUNTY's upcoming submission to HUD to re-qualify as an Urban County for the subsequent three (3) year period. The COUNTY will submit to HUD the letter notifying CITY of its ability to terminate this AGREEMENT as well as the CITY's response letter. COUNTY will also submit to HUD a written legal opinion provided by COUNTY Counsel stating that the terms and provisions continue to be authorized under state and local law and that the AGREEMENT continues to provide full legal authority for COUNTY. The COUNTY and the CITY have both adopted a resolution (Exhibit 2) approving the CITY being a part of the COUNTY Urban County program; the resolution will be sent to HUD along with this AGREEMENT immediately after AGREEMENT has been approved as well as whenever the COUNTY re-qualifies as an Urban County. 3. PREPARATION OF APPLICATION COUNTY, by and through its Economic Development Agency (EDA), subject to approval of the COUNTY Board of Supervisors, shall be responsible for preparing and submitting to HUD all necessary applications for the COUNTY PROGRAM entitlement grants. This duty shall include the preparation and processing of COUNTY Housing, Community and Economic Development Needs Identification Report, Citizen Participation Plans, the County Consolidated Plan, and other related items associated with COUNTY PROGRAM grants which satisfy its associated application requirements and regulations. All documents will include information provided by CITY. 4. COMPLIANCE WITH FINAL PROGRAMS AND PLANS COUNTY and CITY shall comply in all respects with final Community Development plans and programs and the Consolidated Plan which are developed through mutual cooperation pursuant to the application requirements of COUNTY PROGRAM and their regulations and approved by HUD. 5. COMPLIANCE WITH LEGISLATION AND REGULATIONS COUNTY and CITY shall comply with all applicable requirements of COUNTY PROGRAM and associated regulations, in utilizing grant funds under legislation that created and govern these grants, and shall take ail actions necessary to assure compliance with COUNTY certifications required by Section 104(b) of Title I of ACT, as amended regarding the provisions of the National Environmental Policy Act of 1969, Title VI of the Civil Rights Act of 1964, Title VIII of the Civil Rights Act of 1968, Executive Order 11988, Section 109 of Title I of ACT which incorporates Section 504 of the Rehabilitation Act of 1973 and the Age Discrimination Act of 1975, the Fair Housing Act, and affirmatively furthering fair housing and other applicable federal laws. CITY agrees that CDBG and HOME funding for activities in or in support of CITY are prohibited if CITY does not affirmatively further fair housing within its own jurisdiction or impedes COUNTY actions to comply with its fair housing certification. CITY may be required to demonstrate how it complies with the fair housing requirement. To ensure compliance with applicable regulations, CITY agrees to adhere to the Delegate Agency Agreement which is Exhibit 1 of this AGREEMENT and the accompanying Attachments. In order for COUNTY to avoid the risk of losing CDBG funds as a result of CITY not spending CITY CDBG funds in a timely manner as required by the ACT, COUNTY and CITY both agree that COUNTY has the authority to transfer CITY CDBG funds to any CDBG-eligible project/program at COUNTY's sole discretion Revised 1/8/13 Page 4 of 9 if CITY is not spending its CDBG funds in a timely manner. Prior to transferring CITY CDBG funds, COUNTY will notify CITY in writing that CITY is at risk of not meeting this timeliness requirement and therefore COUNTY will transfer CITY CDBG funds if timeliness is not met. As referred to in SECTION 10 DISPOSITION OF FUNDS, CITY and COUNTY both agree that CITY CDBG funds will be spent, to the greatest extent feasible in a manner CITY desires but COUNTY shall have the final and sole decision as to how CITY CDBG funds are spent. Furthermore, CITY hereby covenants by and for itself, its successors and assigns, and all persons claiming under or through it that there shall be no discrimination against or segregation of any person or group of persons on account of race, color, religion, sex, marital status, familial status, disability, national origin, or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of any project funded by HOME or CDBG funds, nor shall CITY itself or any person claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees, or vendees in any project funded as a result of this AGREEMENT. The CITY shall refrain from restricting the rental, sale or lease of any project funded as a result of this Agreement on the basis of race, color, creed, religion, sex, marital status, familial status, disability, national origin or ancestry of any person. 6. CONFLICT OF INTEREST CITY shall comply with all applicable federal and state laws, regulations and policies governing conflict of interest, including State conflict of interest regulations found in California Government Code Sections 1090, 1126, 87100 et seq., Federal conflict of interest regulations found in 24 CFR 570.611, 85.36, and 84.42, and any other applicable policies, rules and regulations related to conflict of interest. Any person who is an employee, agent, consultant, officer, elected or appointed official of the CITY, who exercises any functions or responsibilities with respect to COUNTY PROGRAM funded activities identified in this AGREEMENT and who is in a position to participate in a decision-making process or gain inside information with regard to activities identified in this AGREEMENT, may not obtain a financial interest or benefit from the COUNTY PROGRAM assisted activities identified in this AGREEMENT or any related agreement, subcontract, or contract, either for themselves, an immediate family member or business partner, during his/her tenure. CITY shall maintain written standards of conduct governing the performance of its employees engaged in the award and administration of contracts. 7. POLICIES CITY has adopted and is enforcing a policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non-violent civil rights demonstrations; and a policy of enforcing applicable state and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non-violent civil rights demonstrations within jurisdictions. 8. 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 AGREEMENT, resulting from the negligent acts, errors or omissions of the CITY, its authorized officers, employees, agents or volunteers, including, but not limited to, such liability, claims, losses, demands, and actions incurred by COUNTY as a result of the determination by HUD or its successor that activities undertaken by CITY under the program(s)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. Revised 118113 Page 5 of 9 COUNTY agrees to indemnify, defend and hold harmless CITY, its officers, agents, volunteers, and employees, from any and all claims, actual losses, damages and or liability that may result from the negligent acts, errors or omissions of the COUNTY, its authorized officers, employees, agents, or volunteers. 9. SELF-INSURANCE 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 regarding the terms and conditions of this AGREEMENT 10. DISPOSITION OF FUNDS Unless prohibited by Federal Regulations, COUNTY and CITY agree that, to the greatest extent feasible, CDBG funds will be allocated by COUNTY to CITY out of the funds received pursuant to ACT, according to its proportional demographics, for activities and/or projects prioritized by CITY to alleviate its identified community development needs eligible under ACT. COUNTY, though its Board of Supervisors, shall be responsible for determining the final disposition and distribution of all funds received by COUNTY under ACT and other related grants and for selecting the projects for which such funds shall be used. Both parties agree that COUNTY has the authorization to redistribute such funds when said projects are not implemented in a timely manner as described in SECTION 5, COMPLIANCE WITH LEGISLATION AND REGULATIONS. HOME funds will be allocated by COUNTY to Developer(s) based ori a competitive Notice of Funding Available process to address affordable housing needs by funding activities that are eligible under HOME regulations and COUNTY, by its Board of Supervisors, shall be responsible for determining the final disposition and distribution of all funds received by COUNTY under the HOME program as well as the other COUNTY PROGRAM funds and for selecting the projects for which such funds shall be used. COUNTY shall be compensated for administering COUNTY PROGRAM and other related grants by utilizing allowable planning and administrative fee(s)and a project implementation fee. 11. DISPOSITION OF PROGRAM INCOME CITY shall inform COUNTY regarding any income generated by the expenditure of COUNTY PROGRAM funds received by CITY. All said income, even if it is received after this AGREEMENT has expired, shall promptly be paid to COUNTY. COUNTY shall be responsible for monitoring and reporting to HUD on the use of any such program income; CITY is required to keep appropriate records and provide reports to COUNTY regarding program income. In the event of COUNTY PROGRAM funds close-out or change in status of CITY under COUNTY PROGRAM funds, any program income that is on hand or received subsequent to the close-out or change in status shall be paid to COUNTY. Any income generated from the disposition or transfer of real property prior to any such close-out or change of status shall be treated the same as program income. Any income generated from the disposition or transfer of real property subsequent to any such close-out or change of status shall promptly be paid to COUNTY. 12. DISPOSITION OF REAL PROPERTY This section sets forth the standards which shall apply to real property acquired or improved in whole or in part using CDBG and HOME funds that are allocated to (within the control of) CITY. Prior to any modification or change in the use of said real property from the use or ownership planned at the time of its acquisition or improvements, CITY shall notify COUNTY and obtain authorization for said modification or change. CITY shall reimburse COUNTY with non-CDBG and non-HOME funds in an amount equal to the Revised 1/8113 � Page 6 of 9 current fair market value (less any portion thereof attributable to expenditures of non-CDBG or non-HOME funds) of property acquired or improved with CDBG or HOME funds that is sold or transferred for a use, which does not qualify under CDBG and HOME regulations. 13. EFFECTIVE DATES This AGREEMENT shall be effective initially for all purposes for the period beginning July 1, 2015 and ending June 30, 2018. Thereafter, commencing July 1, 2018, this AGREEMENT will automatically renew for three-year periods every three (3) years, when the COUNTY re-qualifies as an Urban County, until such time as the CITY or COUNTY elects to terminate the AGREEMENT at the conclusion of the preceding term. This AGREEMENT will be executed by COUNTY and CITY, properly submitted to HUD, the grantor, by the designated deadline, and approved by HUD. 14. OTHER AGREEMENTS Pursuant to federal regulations at 24 CFR 570.501(b), CITY is subject to the same requirements applicable to subrecipients, including the requirement of a written agreement set forth in federal regulations at 24 CFR 570.503 and other related regulations. COUNTY and CITY as part of this AGREEMENT are also entering into a Delegate Agency Agreement (which is Exhibit 1 of this AGREEMENT) and accompanying ATTACHMENTS, for the purpose of having CITY implement CDBG- funded projects and or programs. COUNTY and CITY both agree it would be more effective and efficient if CITY implements projects and or prog'rams funded with CITY CDBG funds. The purpose and intent of the Delegate Agency Agreement is to create a mechanism whereby COUNTY delegates its authority, under its Urban County agreement with HUD to CITY, thereby enabling CITY to implement projects and programs funded with CITY CDBG funds while the COUNTY ensures all associated rules and regulations are followed. Prior to disbursing any CDBG funds to CITY, COUNTY, shall execute and adhere to the Delegate Agency Agreement and related documents with CITY. Said agreement shall remain in effect during any period that CITY has control over CDBG funds, including program income. The Delegate Agency Agreement provides a detailed account of the policies and procedures on how a project is officially assigned by COUNTY to the CITY for implementation and the steps that need to be completed by both CITY and COUNTY (above and beyond the approval of this AGREEMENT) prior to any obligation or expenditure of funds whereby the CITY will seek reimbursement from COUNTY. Any obligation and or expenditure made by CITY without the expressed written approval by COUNTY may result in CITY not being able to utilize CDBG funds. 15. AMERICAN RECOVERY AND REINVESTMENT ACT FUNDING (ARRA) Use of ARRA Funds and Requirements This AGREEMENT may be funded in whole or in part with funds provided by the American Recovery and Reinvestment Act of 2009 ("ARRA"), signed into law on February 17, 2009. Section 1605 of ARRA prohibits the use of recovery funds for a project for the construction, alteration, maintenance or repair of a public building or public work (both as defined in 2 CFR 976.140) unless all of the iron, steel and manufactured goods (as defined in 2 CFR 176.140) used in the project are produced in the United States. A waiver is available under three limited circumstances: (i) Iron, steel or relevant manufactured goods are not produced in the United States in sufficient and reasonable quantities and of a satisfactory quality; (ii) Inclusion of iron, steel or manufactured goods produced in the United States will increase the cost of the overall project by more than 25 percent; or (iii) Applying the domestic preference would be inconsistent with the public interest. This is referred to as the "Buy American" requirement. Request for a waiver must be made to the County for an appropriate determination. Revised 1/8/13 Page 7 of 9 Section 1606 of ARRA requires that laborers and mechanics employed by contractors and subcontractors on projects funded directly by or assisted in whole or in part by and through the Federal Government pursuant to ARRA shall be paid wages at rates not less than those prevailing on projects of a character similar in the locality as determined by the Secretary of Labor in accordance with the Davis-Bacon Act (40 U.S.C. 31). This is referred to as the "wage rate" requirement. The above described provisions constitute notice under ARRA of the Buy American and wage rate requirements. Contractor must contact the County contact if it has any questions regarding the applicability or implementation of the ARRA Buy American and wage rate requirements. Contractor will also be required to provide detailed information regarding compliance with the Buy American requirements, expenditure of funds and wages paid to employees so that the County may fulfill any reporting requirements it has under ARRA. The information may be required as frequently as monthly or quarterly. Contractor agrees to fully cooperate in providing information or documents as requested by the County pursuant to this provision. Failure to do so will be deemed a default and may result in the withholding of payments and termination of this Contract. Contractor may also be required to register in the Central Contractor Registration (CCR) database at http://www.ccr.gov and may be required to have its subcontractors also register in the same database. Contractor must contact the County with any questions regarding registration requirements. Schedule of Expenditure of Federal Awards In addition to the requirements described in "Use of ARRA Funds and Requirements," proper accounting and reporting of ARRA expenditures in single audits is required. Contractor agrees to separately identify the expenditures for each grant award funded under ARRA on the Schedule of Expenditures of Federal Awards (SEFA) and the Data Collection Form (SF-SAC) required by the Office of Management and Budget Circular A-133, "Audits of States, Local Governments, and Nonprofit Organizations." This identification on the SEFA and SF-SAC shall include the Federal award number, the Catalog of Federal Domestic Assistance (CFDA) number, and amount such that separate accountability and disclosure is provided for ARRA funds by Federal award number consistent with the recipient reports required by ARRA Section 1512 (c). In addition, Contractor agrees to separately identify to each subcontractor and document at the time of sub-contract and at the time of disbursement of funds, the Federal award number, any special CFDA number assigned for ARRA purposes, and amount of ARRA funds. Contractor may be required to provide detailed information regarding expenditures so that the County may fulfill any reporting requirements under ARRA described in this section. The information may be required as frequently as monthly or quarterly. Contractor agrees to fully cooperate in providing information or documents as requested by the County pursuant to this provision. Failure to do so will be deemed a default and may result in the withholding of payments and termination of this Contract. 11 11 11 1/ 11 Revised 118113 Page 8 of 9 Whistleblower er rotection Contractor agrees that both it and its subcontractors shall comply with Section 1553 of the ARRA, which prohibits all non-Federal contractors, including the State, and all contractors of the State, from discharging, demoting or otherwise discriminating against: an employee for disclosures by the employee that the employee reasonably believes are evidence of (1) gross mismanagement of a contract relating to ARRA funds, ( ) a gross waste of ARRA funds, (3) a substantial and specific danger to public health or safety related to the implementation or use of ARRA funds, ( ) an abuse of authority related to the implementation or use of recovery funds; or (5) a violation of law, rule, or regulation related to an agency contract (including the competition for or negotiation of a contract) awarded or issued relating to ARRA funds. Contractor agrees that it and its subcontractors shall post notice of the rights and remedies available t employees under Section 1553 of Division A, Title XV of the ARRA, COUNTY OF SAN BERNARDINOCITY OF RED, ND 0- 0* ?4051By Janice Mh r 7air, o (Authorized signature-sign in bare in Gated: t):i t Vii ) Name: Bete Aguilar (Print or type nacre of person signing contract) SIGNED AND CERTIFIEDTHAT A COPY OF THIS DOCUMENT HAS 1 F t 1ETHE Title a or CHAIRMAN F TH AM` (Print or Type) urs Welch elch �� Crated: bei apf Tiny Board of, Ppis�6 orf ti on enATTEST: Sam irwiTi, Ity Clerk LA B [Irli ' "y Address P.O. Box 300,51.-Redlands CA 92373 k x,. rraed as t Legai F X RoKewed by Contract Compliance Prese ted to Bos for Signature t County Counse bepartment Head Hate 114 Date gate Revised 118/13 Page 9 of Exhibit 1 of 1 New FAB Vendor Code Dept- o rnb r' Change SC A; ILI Cancel ePro Vendor Number ePro Contract Number County Department Dept.. Orgn Contractor's License leo. Economic Development Agency; ECD ECD County Department Contract Representative Telephone Total Contract Amount County of Sari Bernardino Crena Fuentes,Director (909)387®441`1 Contract Type nue Encumbered Unencumbered ED Other: If not encumbered or revenue contract type,provide reason: STANDARDCONTRACT Commodity Code Contract Start Cate Contract End Rate Original Amount Amendment Amount July 1,21 15 June Sg, 018 NIA NIA Fund Inept. Organization A,ppr, Obj/Rev Source GRCIPROJIJO too Amount SBA ECCE ECCE DCI 2005 Fund Dept. Organization Appr. bb--j/-R-e„-v-v Source GRCIPROJIJOB fro. Amount Fund Dap(. Organization Appr, ObjlRev Source ORC PROJIJOB No, Amount Project Marne Estimated Payment Total by Fiscal Year 20115-2015 FY Amount IID FY Amount 110 Delegate Agency Agreement Contract Type 2(b) ,. , .. t THIS CONTRACT is entered into in the State of California by and between the County of San Bernardino, hereinafter called the County, and Name City of Redlands hereinafter Called Address P,O. Box 3005 Redlands, CA 92373 Telephone Federal to No.-car Social Security o. (909) 798-7500 Nature of Contract: In compliance with the requirements of Title 1 of the Housing and Community Development Act of 1974, as amended,the County executed s Cooperation Agreement with the City of Redlands enabling the City to be a part of the County of San Bernardino's"Urban County"application to the federal Department of Housing and Urban Development(HUD)through mutual cooperation to undertake or assist in undertaking essential community development and housing activities. Pursuant to Section 14 of the Cooperation Agreement;this Delegate Agency Agreement and its attachments are set forth to further implement the provisions of the Cooperation Agreement. They specify the procedures, sequences, responsibilities and forms to be used to carry out CDBC activities according to local, state and federal requirements; The Delegate Agency Agreement is specifically subordinate and supplementary to and runs concurrent with the Cooperation Agreement. The attached Contract consists of 11 pages and four attachments. Approved as to Legal Form(sign in blpp Ink) Reviewed as to Contract Compliance Presented W BOB for Signature 11* Please see signature on l st page of ntract Please see signature on Iasi page of contract Please see signature on last page of contract County Counsel Department Head Rate Rate Rate Auditor-Contro)WITmasurerTax Collector Use Only 13 Contract Database FAS Input Bate Keyed By Mage 1 of 1 COMMUNITY DEVELOPMENT BLOCK GRANT CITY-COUNTY DELEGATE AGENCY AGREEMENT For Fiscal Years 2015-16, 2016-17, 2017-18 and SUBSEQUENT AUTOMATIC RENEWALS UNLESS TERMINATED This Agreement accompanies the Cooperation Agreement, herein after referred to as AGREEMENT, made and entered into, by and between the County of San Bernardino a political subdivision of the State of California, referred to as "COUNTY", and the City of Redlands, a municipal corporation located within the boundaries of San Bernardino County, 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 Whereas, COUNTY will administer a Community Development Block Grant (CDBG) program (CFDA No. 14.218) 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 so as to enable CITY to be a part of COUNTY's CDBG program, commencing with Fiscal Years 2015-16, 2016-17, 2017-18 and set to automatically renew for three (3) year periods while the COUNTY is designated as an Urban County, to which this Delegate Agency Agreement is subordinate and supplementary agreement per SECTION 14 of Cooperation Agreement; and WHEREAS, COUNTY administers a CDBG program for a number of cooperating cities, and in the unincorporated areas of San Bernardino County, through its Economic Development Agency, hereinafter referred to as "EDA`; and, WHEREAS, CITY has the ability, expertise and resources to manage and administer CDBG-funded projects/programs and agrees to adhere to all rules, regulations and related requirements associated with the utilization of CDBG funds; and, WHEREAS, CITY desires 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 community development and neighborhood revitalization efforts in order to fully utilize all available resources while increasing efficiencies though economies of scale associated with the planning and administration of a large scale CDBG program; and NOW, THEREFORE, it is understood and agreed by and between the parties hereto as follows: 1. PURPOSE This Delegate Agency Agreement, which is Exhibit 1 to the Cooperation 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 Delegate Agency Agreement is to enable CITY to implement CITY-CDBG funded projects or programs while adhering to the provisions of the Cooperation AGREEMENT in carrying out CDBG activities that have been approved by COUNTY for CITY in accordance with the CONSOLIDATED PLAN. Revised 1/8113 Paqe 2 of 12 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. This Delegate Agency Agreement is not a stand alone agreement and is only valid as a component of the Cooperation AGREEMENT; whereas the Cooperation AGREEMENT is a stand alone agreement and will be valid even if this Delegate Agency Agreement no longer exists. In absence of this Delegate Agency Agreement the CITY would not be able to implement any CDBG-funded projects or programs; however the COUNTY would still be able to implement CITY or COUNTY CDBG-funded projects and or programs as authorized under the Cooperation AGREEMENT. Unless specified otherwise, EDA shall have the authority to represent COUNTY regarding the terms and conditions of this Agreement and the administration thereof. 2. TERM This Delegate Agency Agreement shall become initially effective starting Fiscal Years 2015-2016, 2016-17, 2017-18, beginning on July 1, 2015 and ending June 30, 2018. Thereafter, commencing July 1, 2018 this Delegate Agency Agreement, as part of the Cooperation AGREEMENT will automatically renew for three (3) year periods, when the COUNTY re-qualifies as an Urban County, until such time as the City of Redlands or County of San Bernardino elects to terminate at the conclusion of a 3-year term. Even though this Delegate Agency Agreement does not stand alone, in order to complete the construction of a previously funded project(s) it may be extend beyond the conclusion of a 3-year term. COUNTY, though its Chief Executive Officer or EDA Administrator may grant an extension of up to six months to the term of this Delegate Agency Agreement for the purpose of completing CITY's projects/activities that are underway and which can not 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 writing by COUNTY. Maintenance and operation and monitoring requirements for facilities developed under the terms of this Delegate Agency Agreement, as described in SECTION 9 MAINTENANCE AND OPERATION OF FACILITIES and SECTION 15 MONITORING, shall be in effect and continue in full force as prescribed in SECTION 2 TERM of the Cooperation AGREEMENT and continue even if AGREEMENT is terminated or has expired. 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 Delegate Agency 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) to this Delegate Agency Agreement have been completed for a CDBG-funded project or activity and signed by CITY and countersigned by EDA. 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 C), 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 and with AGREEMENT. CITY may contract for all necessary services to complete AUTHORIZED PROJECTS described on its executed Attachments A and B provided that contracts are submitted to and approved in writing by EDA 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, the Delegate Agency Construction Contract, Section IV. Revised 1!8113 Paqe 3 of 12 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) an increase in funding for a CDBG public service- type activity in an amount greater than $50,000 over the current funded amount; or 2) an increase in the funding for other activities (public facility improvements, code enforcement, acquisition, etc.) in an amount greater than $400,000 over the current funded amount; or 3) A new activity not previously listed and described in the Consolidated Plan/Annual Action Plan; or 4) a change in the type of activity; or 5) a change in the location of the activity; or 6)a change in the beneficiaries of the activity. 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 EDA, is empowered to enforce all federal regulations pertaining to CDBG-funded projects undertaken by CITY under 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 AGREEMENT. COUNTY will provide technical assistance to CITY in a timely and expeditious manner upon written request to EDA Administrator. 8. CONFORMANCE TO COUNTY PROCEDURES Under this Delegate Agency Agreement, CITY elects to be responsible for implementing CDBG- funded 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 Delegate Agency 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, and is 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. Revised 1/8/13 Pa4e 4 of 12 CITY's Community Development Administrator for this Delegate Agency Agreement is N. Enrique Martinez , TITLE: City Manager B. FISCAL CONTACT PERSON For purposes of this Delegate Agency 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 Delegate Agency Agreement is N. Enrique Martinez , TITLE: City Manager 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 reports required by COUNTY to be prepared therefrom and to permit the tracing of CDBG funds to their final expenditure. CITY will submit to EDA complete and detailed project descriptions, budgets, and expenses for each project that CITY implements with CDBG funds along with monthly reports of grant expenditures. 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 AGREEMENT that are CITY owned or operated, for the life of the facility, not less than 10 years. This Section shall survive the termination of this Delegate Agency Agreement and or AGREEMENT. 10. FUNDING LIMITS CDBG funding of AUTHORIZED PROJECTS is limited to the amount allocated to CITY as listed in the Attachment A (Request to Initiate Project or Activity). 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. EDA will disburse the funds to CITY on a cost reimbursement basis. Billing shall be accompanied by all pertinent source documentation to be presented to EDA by CITY on or about the first day of each month, allowing 30 days for payment on the part of EDA. 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 Delegate Agency Agreement and or Cooperation 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 Revised 1/8/13 Pane 5 of 12 CITY's performance. CITY shall then have a maximum of ten (10) days in which to remedy said deficiencies. Should said deficiencies not be remedied within the above mentioned ten (10) day period, COUNTY shall have full authority to reallocate CITY's CDBG program funding to any other eligible activity(ies), 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 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 return program income to COUNTY even if it is received after this AGREEMENT has expired. COUNTY shall have full authority to reallocate program income funding to any other eligible activity(ies), which can be implemented in a satisfactory or timely manner consistent with federal regulations or policy. Program income shall be returned to COUNTY within 30 days after: a) disposition or sale of real or personal property occurs or; b) cumulative program income reaches increments of $1,000; or c) the end of each fiscal year. CITY shall include in 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 Delegate Agency Agreement. All provisions of AGREEMENT shall apply to said use of program income 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 AGREEEMENT expires or is received after such expiration will be paid to COUNTY within thirty(30) days. 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 AGREEMENT funds. Said records, documents and accounts are to be retained by CITY for a minimum of five 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 AGREEMENT 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 five years or until the issue is resolved, whichever is longer. Records that pertain to real estate transactions must be maintained for five years or the number of years that 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's 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 enable the COUNTY to complete any and all necessary reports in accordance with HUD regulations in the format and at the time designated by the EDA Administrator or his designee. Revised 1/8/13 Paae 6 of 12 15. MONITORING EDA Administrator or designee will conduct periodic monitoring of CITY administration of AUTHORIZED PROJECTS. Monitoring will focus on the extent to which the CONSOLIDATED PLAN has been implemented, measurable goals achieved and effectiveness of project management, and impact of 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 ensure 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 and pay 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 98-502. The results of the single audit must be submitted to COUNTY within 30 days of completion. Within 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 months after EDA'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's 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. 18. REVERSION OF ASSETS Upon AGREEMENT termination, CITY shall transfer to COUNTY all CDBG funds on-hand (including, but not limited to, program income) 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 as set forth in 24 CFR 570.503, 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, as determined by COUNTY, less any portion thereof attributable to expenditures of non- Revised 118!13 Paae 7 of 12 CDBG funds for the acquisition of, or improvement to the property. This Section 18 shall survive the termination of this AGREEMENT. 19. TERMINATION AND TERMINATION COSTS This Delegate Agency Agreement may be terminated in whole or in part at any time by either party upon giving 60 days notice in writing to the other party if for whatever reason either party no longer desires to have CITY implement CDBG funded projects/programs. If the Delegate Agency Agreement is terminated, the AGREEMENT shall continue in full force until such time as described in SECTION 1 GENERAL and SECTION 2 TERM of AGREEMENT. An agreement must be reached by both parties as to conditions for termination in compliance with the provisions of federal regulations at 24 CFR Part 85.44, Termination for Convenience. EDA is hereby empowered to give said notice subject to ratification by the COUNTY Board of Supervisors. COUNTY may immediately terminate this Delegate Agency Agreement upon the termination, suspension, discontinuation or substantial reduction in HUD CDBG funding for the Delegate Agency 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. When 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 Firms (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 85.36(e). ITY shall comply with Executive Orders 11246, as amended by Executive Orders 11375, 11478, 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, and other applicable federal, state and COUNTY laws, regulations and policies relating to equal employment and contracting opportunities, including laws and regulations hereafter enacted. 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. Revised 1/8/13 Paqe 8 of 12 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 O and 24 CFR 570.611, Conflict of Interest, and 24 CFR Part 85.36, 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 sub-Agreements. 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 years and are now officers, or employees of CITY. The information includes the employment with or representation of CITY. For purposes of this provision, "COUNTY Administrative Official" is defined as a member of the Board of Supervisors or such Officer's staff, COUNTY Chief Executive Officer or member of such Officer's staff, COUNTY Department or Group Head, Assistant 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 AGREMENT 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. Revised 118113 Pa4e 9 of 12 6 26. 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 AGREEMENT, resulting from the negligent acts, errors or omissions of the CITY, its authorized officers, employees, agents or volunteers, including, but not limited to, such liability, claims, losses, demands, and actions incurred by COUNTY as a result of the determination by HUD or its successor that activities undertaken by CITY under the program(s) 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. COUNTY agrees to indemnify, defend and hold harmless CITY, its officers, agents, volunteers, and employees, from any and all claims, actual losses, damages and or liability that may result from the negligent acts, errors or omissions of the COUNTY, its authorized officers, employees, agents, or volunteers. This SECTION 26 INDEMNICATION shall survive the termination of this Delegate Agency Agreement. 27. SELF-INSURANCE 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 regarding the terms and conditions of this AGREEMENT. 28. AMENDMENTS: VARIATIONS This writing, with attachments, embodies the whole of this Delegate Agency Agreement of the parties hereto. There are no oral agreements contained herein. Except as herein provided, additions or variations of the terms of this Delegate Agency Agreement shall not be valid unless made in the form of a written amendment to this Delegate Agency Agreement formally approved and executed by both parties. 29. AMERICAN RECOVERY AND REINVESTMENT ACT FUNDING (ARRA) Use of ARRA Funds and Requirements This AGREEMENT may be funded in whole or in part with funds provided by the American Recovery and Reinvestment Act of 2009 ("ARRA"), signed into law on February 17, 2009. Section 1605 of ARRA prohibits the use of recovery funds for a project for the construction, alteration, maintenance or repair of a public building or public work (both as defined in 2 CFR 176.140) unless all of the iron, steel and manufactured goods (as defined in 2 CFR 176.140) used in the project are produced in the United States. A waiver is available under three limited circumstances: (i) Iron, steel or relevant manufactured goods are not produced in the United States in sufficient and reasonable quantities and of a satisfactory quality; (ii) Inclusion of iron, steel or manufactured goods produced in the United States will increase the cost of the overall project by more than 25 percent; or (iii) Applying the domestic preference would be inconsistent with the public interest. This is referred to as the "Buy American" requirement. Request fora waiver must be made to the County for an appropriate determination. Section 1606 of ARRA requires that laborers and mechanics employed by contractors and subcontractors on projects funded directly by or assisted in whole or in part by and through the Federal Government pursuant to ARRA shall be paid wages at rates not less than those prevailing on projects Revised 1/8/13 Paae 10 of 12 of a character similar in the locality as determined by the Secretary of Labor in accordance with the Davis-Bacon Act(40 U.S.C. 31). This is referred to as the "wage rate" requirement. The above described provisions constitute notice under ARRA of the Buy American and wage rate requirements. Contractor must contact the County contact if it has any questions regarding the applicability or implementation of the ARRA Buy American and wage rate requirements. Contractor will also be required to provide detailed information regarding compliance with the Buy American requirements, expenditure of funds and wages paid to employees so that the County may fulfill any reporting requirements it has under ARRA. The information may be required as frequently as monthly or quarterly. Contractor agrees to fully cooperate in providing information or documents as requested by the County pursuant to this provision. Failure to do so will be deemed a default and may result in the withholding of payments and termination of this Contract. Contractor may also be required to register in the Central Contractor Registration (CCR) database at http://www.ccr.gov and may be required to have its subcontractors also register in the same database. Contractor must contact the County with any questions regarding registration requirements. Schedule of Expenditure of Federal Awards In addition to the requirements described in "Use of ARRA Funds and Requirements," proper accounting and reporting of ARRA expenditures in single audits is required. Contractor agrees to separately identify the expenditures for each grant award funded under ARRA on the Schedule of Expenditures of Federal Awards (SEFA) and the Data Collection Form (SF-SAC) required by the Office of Management and Budget Circular A-133, "Audits of States, Local Governments, and Nonprofit Organizations." This identification on the SEFA and SF-SAC shall include the Federal award number, the Catalog of Federal Domestic Assistance (CFDA) number, and amount such that separate accountability and disclosure is provided for ARRA funds by Federal award number consistent with the recipient reports required by ARRA Section 1512 (c). In addition, Contractor agrees to separately identify to each subcontractor and document at the time of sub-contract and at the time of disbursement of funds, the Federal award number, any special CFDA number assigned for ARRA purposes, and amount of ARRA funds. Contractor may be required to provide detailed information regarding expenditures so that the County may fulfill any reporting requirements under ARRA described in this section. The information may be required as frequently as monthly or quarterly. Contractor agrees to fully cooperate in providing information or documents as requested by the County pursuant to this provision. Failure to do so will be deemed a default and may result in the withholding of payments and termination of this Contract. II 11 N Il 11 Revised 1/8/13 Page 11 of 12 Whistleblower Protection Contractor agrees that both it and its subcontractors shall comply with Section 1553 of the Ali which prohibits all non-Federal contractors, including the State, and all contractors of the State, from discharging, demoting or otherwise discriminating against an employee for disclosures by the employee that the employee reasonably believes are evidence ofa f gross mismanagement of contract relating to ARRA funds; ( ),a gross waste of ARRA funds; ( ) a substantial and specific danger to public health or safety related to the implementation or use of ARRA funds; f an abuse of authority related to the implementation or use of recovery funds; or 5t a violation of law, rule, or regulation related to an agency contract (including the competition for or negotiation of a contract) awarded or issued relating to ARRA funds. Contractor agrees that it and its subcontractors shall post notice of the rights and remedies available to employees under Section 1553 of Division A, `title XV of the ARRA COUNTY F SAN BERNARDINOCITY OF REDLANDS 444a�l 4iW.4 94 4A, BY Janice RuMe# rd, Chair, Board of Superviors (Authorized signature.-sign in blue ink Dated. JLIN 2 4 2014 Dame: Pete Aguilar (Print or type more of person signing contract) SIGNED AND CERTIFIEDTHAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO TIFF Title; Mayor CHAIRMAN F THE A (Print or Type) Laura-K-W61ch Dated Cleft f the 1308rd o Uperviser R f thre°'cttrnty n Berri rdino ATTEST: Sam Irwin, Ci Cler ' By Address P.O. o 3055 Redlands. CAS 92373 y ved as to 41,981 reviewed by Contract compliancerese ted to BOS for Signature 3 Count} counsel , $ 5epartrnent Hea Date .� t* '°: „, Date bate Revised 118118 Pae 12 of 1