HomeMy WebLinkAboutContracts & Agreements_15-1994_CCv0001.pdf MINUTES OF THE BOARD OF SUPERVISORS
ECD OF SAN BERNARDINO COUNTY, CALIFORNIA
Inc. Cities-As listed
Agreements JUNE 14, 1994
soFROM: THOMAS R. LAURIN, Director I
Department of Economic and Community Developme tPLANNING .
Y' SUBJECT: 1994-97 COMMUNITY DEVELOPMENT BLOCK GRANT
CITY-COUNTY DELEGATE AGENCY AGREEMENTS
RECOMMENDATION: Approve Community Development Block Grant (CDBG) City-
County Delegate Agency Agreements for fiscal years 1994 through 1997, between
the County and each of the following sixteen Cooperating =Cities:
CITY AGREEMENT NO. CITY AGREEMENT NO.
Adelanto 94-496 Loma Linda 94-504
Apple Valley 94-497 Montclair 94-505
Barstow 94-498 Needles 94-50g,
Big Bear Lake 94-499 Redlands 94-507
Chino Hills 94-500 Rialto 94-508
Colton 94-501 Twentynine Palms 94-509
Grand Terrace 94-502 Yucca Valley 94-510
Highland 94-503 Yucaipa 94-511
BACKGROUND INFORMATION: On June 29, 1993, the County executed a Cooperation
Agreement with each of the above sixteen cities for joint participation in
the County's CDBG Program for program years 1994 through 1997. This
qualified the County, under federal statutes and regulations, as an "Urban
County" eligible to receive annual CDBG entitlement funds from the federal
government over the next three years. In order to set f:,rth detailed
arrangements for the implementation of the City projects funded under the
CDBG program, it is necessary to enter into an additional set of agreements
with the Cooperating Cities. Under these agreements the cities are
established as "Delegate Agencies" of the County, to carry out CDBG
activities within their jurisdictions under the direction of the County
Department of Economic and Community Development. The City of Victorville
also participates in the County's CDBG program.. The Department will present
a delegate agency agreement for that city at a future hearing. At this time,
the City of Victorville has not returned its signed agreements.
Action of the Beard of Supervisors
cc: ECD w/agreement AC.R, =5
City w/agr c/o ECD AS LTS= ABOVE
APPROVED I
Auditor w/agreement3AI3t? RVtSC}RS
Human Res.-Aff. Action COUNTY3I�:;SANER3A
Risk Management MOTION AYE t MOTION
EIv4G 5
File w/agreement EARLENE SPROA;,"(,;
:.ERK OF � � F$D
CIS BY
r
14-950 7-000
DATED : JUNE 14,
_Y -y1 (TEM 9
1994-97 COMMUNITY DEVELOPMENT BLOCK GRANT CITY-COUNTY
DELEGATE AGENCY AGREEMENTS
JUNE 14, 1994
Page 2 of 2
REASON FOR RECOMMENDATION: Approval of agreements by the Board of
Supervisors is required. The Delegate Agency Agreements and• their
attachments form implementation manuals which specify procedures, sequences,
responsibilities, and forms to be used to carry out CDBG activities according
to local , state, and federal requirements.
REVIEW BY OTHERS: These agreements were approved by the City Councils of
the sixteen Cooperating Cities; by Deputy County Counsel Paul St. John on
June 1, 1994; Risk Management (Kathryn Brill ) on June 2, 1994; and the
Department of Economic and Community Development's Contract Compliance
designee (David Larsen) on June 1, 1994.
FINANCIAL DATA: Approval of these agreements will not affect the County
General Fund.
PRESENTER: Thomas R. Laurin, Director, Ext. 4594.
6,114/94 cls #9 Page 2
FOR COUNTY USE ONLY
EINew Vendor Code Dept. i Contract Number
Mhangel (�XancellJ E:CD -
County Department Dept. Orgn. Contractor`s License No.
Economic wid Community Development ECD PROJ
County Department Contract Representative Ph. Ext. j Amount of Contract
'I 0 it ALTKIN 4594 ! N/A
County of San Bernardino
r
nd ' Dept. Organization Appr. Obj/Rev Source ; Activity GRC/PROJ/JOB Number
I3A i ECD PKOJ 200 2405
FAS __,
Commodity Code Estimated Payment Total by Fiscal Year
CONTRACT TRANSMITTAL FY Amount I/D FY Amount I/D
Project Name I N/A N/1
]994-J7 Ct?3Ci C't ' nunty l
CONTRACTOR City of Redlands
Birth Date N/A Federal ID No. or Social Security No. ___-- N/A
Contractor's Representative Mr. Gare Lueb6ers City Manager
Address P n RnY 3Q�5 Redlands,r2�2�3 ___ Phone 904_79g- 514
Nature of Contract: (Briefly describe the general terms of the contract)
In compliance with the requirements of Title I of the Housing and Community Development Act
of 1974, as amended, the County executed Cooperation Agreements with seventeen incorporated
cities to qualify as an "urban county" through mutual cooperation to undertake or assist in
undertaking essential community development and housing activities. This was accomplished
on June 29, 1993, when said Agreements were executed for joint participation in the CDBG
project for Program Years 1994 through 1997.
Pursuant to Section 12 of the Cooperation Agreements, the Delegate Agency Agreements and
their attachments are set forth to further implement the provisions of the Cooperation
Agreements. They specify the procedures, sequences, responsibilities and forms to be used
to carry out CDBG activities according to local, state and federal requirements. The
Delegate Agency Agreements are specifically subordinate and supplementary to and concurrent
with the Cooperation Agreements.
tom,.._..-- c
COMMUNITY DEVELOPMENT BLOCK GRANT
CITY-COUNTY DELEGATE AGENCY AGREEMENT
For Fiscal Years 1994-95, 1995-96, 1996-97
his Agreement is made and entered into this day of
i N TV 1994 19 1 by and between the COUNTY OF SAN BERNARDINO
hereinafter referred-- to as "COUNTY", and the CITY OF
Redlands , a municipal corporation and a Political
subdivision _o_i=the State Of California located within the boundaries of San
Bernardino County, hereinafter referred to as "CITY".
WITNESSETH
WHEREAS, COUNTY has been designated an "Urban County" by the United
States Department of Housing and Urban Development, hereinafter referred
to as "HUD", as that term is defined in Title I of the Housing and
Community Development Act of 1974 as amended, hereinafter referred to as
"ACT", and accordingly, COUNTY will administer a Community Development
Block Grant (CDBG) program which includes the development of- a 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 assistance under said ACT; and,
WHEREAS, CITY and COUNTY have entered into a "Cooperation Agreement
for Community Development Block Grant Funds", as part Of COUNTY's CDBG
Program, covering Fiscal Years 1994-95, 1995-96 and 1996-97, to which this
is a -subordinate and supplementary agreement per Section 12 (Other
Agreements) of said Cooperation Agreement executed by these parties, dated
June 29, 1993; and,
WHEREAS, COUNTY administers a CDBG program in cooperation with
seventeen cities, and in the unincorporated areas of San Bernardino County,
through County Department of Economic and Community Development,
hereinafter referred to as "ECD"; and,
and, WHEREAS, CITY has the ability to manage and administer CDBG projects;
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 1, Chapter 5, Division 7, Title I of the Government Code of
the State of California (commencing with Section 6500) , relating to
public agencies . The purpose of this Agreement is to implement the
provisions of the Cooperation Agreement in carrying' out CDBG
activities which have been approved by COUNTY for CITY in accordance
with the COMMUNIT'l' DEVELOPMENT PLAN. The Purpose will be
1
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.
2 . EFFECTIVE PERIOD. This Agreement shall become effective starting
fiscal year 1994-95 which begins July 1, 1994 and shall continue in
full force and effect through fiscal year 1996-97 which ends on June
30, 1997. COUNTY may grant an extension of up to six (6) months of
the effective period of this Agreement for the purpose of completing
CITY's projects/activities which are- underway and cannot be completed
during the term of this Agreement. CITY must request any such
extension in writing.' Any extension will only be effective if
granted in writing by COUNTY. Maintenance and operation and
monitoring requirements for facilities developed under the terms of
the Agreement shall be in effect and continue in full force as
prescribed in Section 9.
3. AUTHORIZATION OF PROJECT/ACTIVITY. CITY shall not initiate nor incur
expenses for any CDBG funded project or activity covered under the
terms of this Agreement prior to receiving written authorization from
COUNTY. Written authorization will be accomplished when Attathments
A (Request to Initiate Project or Activity) and B (Project or
Activity Description) of this Agreement have been completed for a
CDBG funded project or activity and signed by CITY and countersigned
by ECD. 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.
CITY may contract for all necessary services to complete AUTHORIZED
PROJECTS described on its executed Attachment's A and B provided that
contracts are submitted to and approved in writing by 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 regulate---wons and
statutes, as amended, listed in Attachment C Section IV.
S . MODIFICATION OF AUTHORIZED PROJECTS. All modifications to AUTHORIZED
PROJECT must be preapproved by COUNTY inorder 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 COU' --'Y, COUNTY will revise
Attachments A and B.
6. COMMUNITY DEVELOPMENT PLAIN AMENDME>4'1 - 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 activity (i4es) must be accompanied bv a CDBG project proposal
alp-plication.
2
Substantial modifications are defined as follows: 1) a net increase
of greater than 100% of the activity allocation listed in a published
Final Statement; or 2) a net increase or decrease in the activity
allocation greater than $50, 000; or 3) a change in the type of
activity; or 4) a change in the location of the activity; or 5) a
change in the beneficiaries of the activity. The Final Statement
shall be amended when an activity is added or deleted. The "program
administration" activity and "unprogrammed funds" activity are not
subject to the allocation limitations defined herein.
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.
7 . COUNTY RESPONSIBILITIES. COUNTY, through ECD, is empowered to
enforce all Federal regulations pertaining to CDBG funded projects
undertaken by CITY under this Agreement. CITY recognizes that
COUNTY, as the formal grantee of the CDBG, has full responsibility
and obligations to HUD for undertaking the CDBG Program and has full
authority in administering and allocating funds. CITY will have no
direct responsibilities or obligations to HUD, except as identified,
under this Agreement. COUNTY shall provide technical assistance to
CITY in a 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 CDBG projects. However, in
implementing said projects, CITY must perform all services and
activities in accordance with Federal and State statutory
requirements and with the policies and procedures established by the
Board of Supervisors, and shall comply with the following:
A. COMMUNITY DEVELOPMENT ADMINISTRATOR. Upon COUNTY and CITY's
mutual assent to this Agreement, CITY will designate a
"Community Development Administrator" by filling in the name of
said person in the space provided below. The Community
Development Administrator is the responsible authori-ty--for all
correspondence with COUNTY, the signatory on AUTHORIZED
PROJECT Attachments A and B and shall advise the CITY council,
CITY administration and CITY staff, as appropriate regarding
the CDBG program. CITY may, by writ-ten notification as set
forth below, change the Community Development Administrator.
CITY's Community Development Administrator for this Agreement
is
Paula Rae Espinoza TITLE: CDBG Administrator
3
B. FISCAL CONTACT PERSON. For purposes of this Agreement, CITY
shall also designate a fiscal contact person by filling in the
space provided below. The fiscal contact person shall be
responsible for billing, and fiscal procedures regarding the
CDBG Program and will serve as the primary contact for
technical fiscal matters. CITY may, by written notification
asset forth below, change the fiscal contact person.
CITY's Fiscal Contact person for this Agreement is
Paula Rae Espinoza TITLE: CDBG Administrator
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 ECD 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 this Agreement that are CITY owned
or operated, for the life of the facility, not less than twenty (20)
years.
10. FUNDING LIMITS. CDBG funding of AUTHORIZED PROJECTS is limited to
the amount allocated by CITY in AUTHORIZED PROJECT'S Attachment A.
11. DISBURSEMENT OF FUNDS. All CDBG funds allocated to CITY'S AUTHORIZED
PROJECT(S) shall be received from the Federal Government by COUNTY
under ACT. ECD will disburse the funds to CITY on a cost
reimbursement basis . Billing shall be accompanied by all pertinent
source documentation to be 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,
salaries, benefits, mileage, actual cost of materials, meals and
other authorized expenses allowable under the Travel Code=Section
13.0638 County of San Bernardino) incurred by COUNTY in implementing
CITY's AUTHORIZED PROJECTS.
12 . WITHHOLDING OF FUNDS. COUNTY shall retain the right to withhold
funds for any programs carried out by CITY, CITY's Contractor, or
CITY's subcontractor upon giving written notice to CITY indicating
that COUNTY has determined that CITY has not performed its
obligations as stated in this Agreement in -a satisfactory or timely
manner consistent with Federal regulations or policy. COUNTY shall
notify CITY in writing of this determnation, specifying the
objection(s) to CITY's performance. CITY shall then have a maximum
of 10 days in which to remedy said deficiencies . Should approval of
COUNTY not be obtained within said period, COUNTY shallL have full
authority to reallocate CITY's CDBG program funding to other eligible
activities which can be implemented or to assume sole respons-ibility
4
for carrying out any and/or all AUTHORIZED PROJECTS, upon written
notice to CITY. Upon such notice, CITY agrees to cease all activity
provided hereunder, as specified in said notice.
13. PROGRAM INCOME. Program income represents net income directly
generated from the use of CDBG funds by CITY as a result of the
activity funded under the terms of this Agreement. When such income
is generated by an activity only partially assisted with CDB( funds,
the income shall be prorated to reflect the percentage of CDBG funds
used. CITY shall retain the use -of program income by returning
program income to COUNTY and requesting project budget increases for
activities authorized under this Agreement. Program income shall be
returned to COUNTY within thirty (30) days after: a) disposition or
sale of real or personal property occurs or; b) cumulative program
income reaches increments of one thousand dollars ($1,000) ; or c) the
end of each fiscal year. CITY shall include the reports required by
Section 14, PROGRAM REPORTING, all sources and amounts of program
income on a monthly and year-to-date basis.
Program income returned by COUNTY to CITY shall be spent by CITY on
only those costs authorized under this Agreement. All provisions of
this 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 Agreement expires or is received
after such expiration, shall be paid to COUNTY.
14 . PROGRAM REPORTING. CITY agrees to prepare and submit financial,
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 in accordance with HUD regulations in the format and at the
time designated by COUNTY Director of ECD or his designee. By the
first of each month, CITY shall submit to ECD, a month4y status
report on all active AUTHORIZED PROJECTS (S) and if applicable,
program income generating activities (see Attachment D-3) .
15. 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 JPROJECTS.
Authorized representatives of COUNTY and HUD shall have the right of,
access to all activities and facilities operated big CITY under this
Agreement. Facilities include all files, records, and other
documents related to the performance of this Agreement. CITY will
permit on-site inspection by COUNTY, and HUD representatives, and
insure that its employees furnish such info-
rmation, as in the
judgement 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. I
17. AUDITS. CITY is required to arrange- for an independent financial and
compliance audit annually for each fiscal year during which Federal
funds are received under this Agreement as required by Circular A-128
pursuant to the Single Audit Act of 1984, Public Law 98-502. 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 a written response to all
conditions or findings reported in said audit report. The response
must examine each condition or finding and explain a proposed
resolution, including a schedule for correcting any deficiency. All
condition or finding correction actions shall take place within six
(6) months after ECD's receipt of the audit report. An audit may
also be conducted by Federal, State or local funding source agencies
as part of the COUNTY's audit responsibilities. COUNTY and its
authorized representatives shall, at all times, have access for the
purpose of audit or inspection to any and all books, documents,
papers, records, property, and premises of CITY. CITY's staff will
cooperate fully with authorized auditors when they conduct audits and
examinations of CITY's program. If indications of misappropriation
or misapplication of the funds of this Agreement cause COUNTY to
require a special audit, the cost of the audit will be encumbered and
deducted from funds allocated to CITY CDBG AUTHORIZED PROJECTS.
Should COUNTY subsequently determine that the special audit was not
warranted, the amount encumbered will be restored to said CDBG
AUTHORIZED PROJECT allocations. Should the special audit confirm
misappropriation or misapplication of funds, CITY shall reimburse
COUNTY the amount of misappropriation or misapplication from non-CDBG
funding sources.
18 . REVERSION OF ASSETS. Upon Agreement termination CITY shall transfer
To COUNTY all CDBG funds on-hand at the time of expiration and any
accounts receivable attributable to the use of CDBG funds-.—
All real property acquired or improved in whole or in part with CDBG
funds in excess of $25, 000 under this Agreement must continue in the
use that provides the service benefits and national objectives for
which it was funded until five years after expiration of this
Agreement, or such longer period of time as determined by COUNTY; or
it must be disposed of in a manner resulting in a reimbursement to
COUNTY in the amount of the current fair market value of the property
less any portion thereof attributable to expenditures of non-CDBG
funds for the acquisition of, or improvement to, the property.
19 .
TERMINATION AND TERMINATION COSTS. This Agreement may be terminated
whole- I
in ole or in part at any time by either party upon giving their
(30) days notice in writing to the other party. An agreement must
be reached by both parties as to reasons and conditions for
termination in compliance with the proisions of Federal Regulations
at 24 CFR Part 85 - 44, Termination for Conoenience . COUNTY ECD is
hereby empowered to give said notice subject to ratification by the
COUNTY Board of Supervisors.
COUNTY may immediately terminate this Agreement upon the termination,
suspension, discontinuation or substantial reduction in HUD CDBG
funding for the Agreement activity or if for any reason the timely
completion of the work under this Agreement is rendered improbable,
infeasible or impossible. If CITY materially fails to comply with
any term of this Agreement, COUNTY may take one or more of the
actions provided under the Federal Regulation at 24 CFR Part 85.43,
Enforcement, which include 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 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 ACKNOWLEDGEMENT. Should CITY determine that the funding
sources or the names of responsible public officials be displayed on
a completed building or significant project, such identification
should be acknowledged on a plaque, permanently mounted in an
appropriate location, made of bronze or other appropriate material,
acknowledging the funding source as the Department of Housing and
Urban Development, San Bernardino County Community Development Block
Grant. The current Board of Supervisors and the members of the City
Council shall also be identified. In instances where multiple
funding sources are utilized to construct a project, all funding
sources shall be identified. The listing order of multiple funding
sources identified on the plaque shall be the largest dollar amount
first, the second largest dollar amount second, etc.
21. CONTRACT COMPLIANCE. CITY will take all necessary affirmative steps
to assure that minority firms, women's business enterprises, and
labor surplus area firms are used when possible in compliance with
provisions of Title 24 Code of Federal Regulations Part 85.36(e) .
CITY agrees that the San Bernardino County Minority and Women Owned
Business Enterprise Participation form (Attachment E) shall be
completed for all AUTHORIZED PROJECTS.
San Bernardino County has a goal of 15 percent minority business
enterprise (MBE) and 5 percent women business enterprise (WBE)
participation for all contracts . CITY agrees to comply with the
provisions of the Affirmative Action Compliance Program of the County
of San Bernardino and rules and regulations adopted pursuant thereto.
CITY shall comply with Executive Orders 11246, 11375, 11625, 12138,
12432, 12250, Title VII of the Civil Rights Act of 1964, the
California Fair Employment Practice :-,�ct, California Public Contracts
Code 2000 and the San Bernardi-no county M/-,,:3E Policy No. 11-15, and
other applicable Federal, State and Coun--y laws, regulations and
policies relating to equal employment and contracting opportunities,
including laws and regulations hereafter eracted.
22 . AFFIRMATIVE ACTION. CITY shall make every e`fort to ensure that all
projects funded wholly or in part by CDBG funds shall provide equal
employment and career advancement opportu:-iit-ies for minorities and
women. In addition, CITY shall make every effort to employ residents
7
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.
23 . DI-SCRIMINATION. During the performance of this Agreement, CITY
agrees not to discriminate against any contractor or applicant for
employment in performing work because of race, color, religion, sex
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 origin. Such action shall .include, but not be limited to,
the following: employment, upgrading, demotion or transfer,
recruitment or recruitment advertising, lay off 6r termination, etc.
CITY will cause contractor to comply with the provisions of Executive
Order 11246 of September 24, 1965, and the rules, regulations, and
relevant orders of the Secretary of Labor. CITY shall require its
contractor to post in conspicuous places, available to employees and
applicants for employment, notices setting forth the provisions of
this nondiscrimination clause.
24 . STANDARDS OF CONDUCT. Pursuant to Office of Management and Budget
Circular A-110 Attachment 0 and 24 CFR 570.611, Conflict of Interest,
and 24 CFR Part 85.36, Procurement, CITY shall maintain a 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 CITY's officers, employees or agents shall neither so-licit nor
accept gratuities, favors or anything of monetary value from
contractors, potential contractors, or parties to subagreements.
CITY may set minimum rules where the financial interest is not
substantial or the gift is an unsolicited item of nominal intrinsic
value.
To the extent permitted by State or local law or regulations, such
standards of conduct shalll pro�ride 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.
25 . RELIGIOUS PROSELYTIZING OR POLITICAL ACTIVITIES. CITY agrees that
it will not perform or permit any religious proselytizing or
Political activities in connection with the performance of this
Agreement.
Funds under this Agreement will be used exclusively for
performance of the work required under this Agreement and no funds
made available under this Agreement shall be used to Promote any
religious or Political activities.
26. 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, on 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
damage. loss or
CITY shall indemnify and hold harmless COUNTY against any ligbility,
claims, losses, demands, and actions incurred by COUNTY as a 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.
Consistent with all other provisions of this Agreement, I COUNTY shall,
at its own cost and expense, defend, indemnify, and hold the CITY,
its officers, agents, volunteers and employees, harmless from and
against any loss, liability, claim, or damage that may arise or
result from any wrongful act or wrongful Omission by COUNTY, its
officers, agents and employees.
27. INDEMNIFICATION AND INSURANCE. In order to accomplish the
indemnification provision Of Section 26, Hold Harmless, but without
limiting the indemnification, contractor(s) and sub-contractor(s)
obtained by CITY for activities covered under the terms of this
Agreement, shall secure and maintain throughout the term of their
contract with CITY, the following types of insurance with limits as
shown:
Workers ' Compensation - A program of workers ' compensation
insurance or a 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 Contractcr and all r4
persons under this Agreement. risks to such
Comprehensive General and Automobile liability Insurance - this
coverage to include contractual coverage and automobile
liability coverage for owned, hired, and non-owned vehicles.
The Policy shall have combined single limits for bodily injury
and property damage of not less r-nan one million dollars
($1, 000, 000)
9
The contractor shall furnish certificates of insurance and certified
copies of all policies and endorsements to CITY and ECD evidencing
the insurance coverage above required prior to the commencement of
performance of services, which certificates shall provide that such
insurance shall not be terminated or expire without thirty (30) days
written notice to the CITY and 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 irrsurance proceeds to restore said
facilities.
All policies with respect to the insurance coverage required above,
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.
The Contractor shall require the carriers of the above required
coverages to waive all rights of subrogation against ECD and COUNTY,
their officers, volunteers, employees, contractors'
subcontractors. and
All Policies required above are to be primary and non-contributing
with any insurance or self-insurance programs carried or administered
by the CITY or COUNTY.
28. 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.
29. AMENDMENTS: VARIATIONS
This writing with attachments, embodies the whole of this Agreement
of the parties hereto. There are no oral agreements not contained
herein. Except as herein provided, additional or variation of the
terms of this Agreement shall not be valid unless made in the form
of a written amendment to this Agreement formally approved and
executed by both parties. Failure by any party to enforce any
provision(s) of this Agreement shall not be construed as a-Vaiver of
the right to compel enforcement of such provisions) thereafter.
10
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed as of the day and year first written above.
COUNTY OF SAN B RNARDINO CITY
JUN 1 1994
t
By: avt
_ -
Chai n, Board of Supervisors
Swen Larson
Title: Mayor of the City of Redlands
Dated: May 3, 1994
APPROVED AS TO FORM. THE TERMS AND ATTEST:
PROVISIONS OF THIS AGREEMENT ARE FULLY
AUTHORIZED UNDER STATE AND LOCAL LAW By:_`
AND THIS AGREEMENT PROVIDES FULL LEGAL
AUTHORITY FOR COUNTY TO UNDERTAKE OR Lo h ie PoyZ ity Clerk
ASSIST IN UNDERTAKING ESSENTIAL Title: Clity of Redlands, Cal-tfornia
COMMUNITY DEVELOPMENT AND HOUSING
ASSISTANCE ACTIVITIES, SPECIFICALLY
URBAN RENEWAL AND PUBLICLY ASSISTED Dated: May 3, 1994
HOUSING
By:
y unset APPROVED AS TO FORM
By:
Daniel J. cHugh, ity�ttor�ney
Dated: May 3, 1994
SIGNED AND COPY OF
THIS DOC RED TO
THE CHAT QFC TFE'. c
EE'•S PR(
.3
Cl irk ,sf the Boa fd : ervisors
of ,. Cqu t San: ardina
By: 'J -_
AGMTSJDAGENCY.AGT
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