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HomeMy WebLinkAboutContracts & Agreements_64-1999_CCv0001.pdf REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISO �. ' OF SAN BERNARDINO COUNTY, CALIFORNIA RS Agree. 99-452 AND RECORD OF ACTION June 22, 1999 FROM: THOMAS R. LAURIN, DIRECTOR A DEPARTMENT OF ECONOMIC AND COMMUNITY DEV � SUBJECT: OOPETION DEVELOPMENT 1' NHE NE GHBORHO AGREEMENT WITH T'HE CITY OF REDLANDS F OD INITATIVE PROGRAM, FY 1999-2004 OR PARTICIPATION RECOMMENDATION: Approve the Cooperation Agreement between the Countyand t for participation in the County of San Bernardino Neighborhood Initiative Program, fro June 30, 2004. he City of Redlands m June 22, 1999 to BACKGROUND INFORMATION:As part of H.R. 2158, Congress appropriated $15 million ' Initiative funds to the County of San Bernardino for the u and blighted areas and neighborhood's within the cities of Highland, Redlands and San Bernardino n in Neighborhood k Purpose of improving the conditions of distressed I to this legislation, the County of San Bernardino entered into a Grant Agreement Department of Housing and Urban Development(HUD) enabling the County to utilize these . Related terms, conditions, regulatory and statutory requirements governing their use. Prior to thewith the federal of San Bernardino Neighborhood Initiative funds, a cooperation agreement between a e funds under the must be entered into. use of any County city and the county This proposed cooperation agreement between the County and the City of Redlands is th agreements to be negotiated. The agreement gives the County the authority to car Initiative activities in the City of Redlands over the next five 5 e first of the three carry out Neighborhood Policies and procedures for coordinating the combined neighborhood revitalization efforts Under the agreement, the County will coordinate ( ) years. The agreement also establishes the Neighborhood Initiative activities will be conducted in these next 5 e ears.T of both entities. he City Council of Redlands has alreadya tY' Housing Division. approved this Cooperation Agreement. If approved by the Board of Supervisors, the implementation phase of the Neighborhood Initiative Program in Redlands can begin in June, 1999. REVIEW BY OTHERS: This Cooperation Agreement was reviewed and approved bDeputy Counsel Michelle Blakemore on June 18, 1999; Chief Deputy of Risk Management on June 18, 1999; and the Department of Economic and Commu Y © puty County p Contract Compliance designee David Larsen on June 18 ty County Counsel Michael A. Sachs, on behalf 1999 pity Development's FINANCIAL IMPACT: The costs of Neighborhood Initiative activities under the Department's FY 1999/00 budget. All costs are funded by HUD. This action has no effect this agreement are included in General Fund on the County SUPERVISORIAL DISTRICT(S):3'd. PRESENTER: Thomas R. Laurin, Director, 388-0808. cc: ECD--Tom Laurin w/2 agrees Record o Action o the Board of Supervisors City of Redlands w/agreement AGREEMENT NO. 99-452 c/o ECD APPROVED BOARD OF SUPERVISORS Auditor w/agreement SBD w/agreement COU INTY-OF S/ll'1'10RNARDINO Risk Management MOTION ` � PSG 1 :�fl � �� —AE _MOVE f ' 4 5 File w/agreement EARLENE SPt4 ,CL K Q!p'i -I BIRD < BY mll h Rev 07i97 DATED: Jun - s r� E X New FOR COUNTY USE ONLY Vendor Code M Change Dept. Contract Number X CancelC A 99-452 County Department conomic and Communlry Development Dept. Orgn. Contractor's License No. County Department Contractt Rep Coun apresentative ECD PROD N/A County of San Bernardino HOMAS R.LAURIN Ph. Ext. Amount of Contract Fund FAS BA CD PL Organization APer, Obj/Rev g��� N/A R 00 Activity GRC/PROJ/JOB Number 005 CONTRACT TRANSMITTAL Commodity Code FY Estimated Payment Total by Fiscal Year ��. Project Name Amount I/pFY Amount I/D f Neighborhood Initiative city- -----— County Cooperation Agreement N/A ---- 999-2004 999-2004 --- CONTRACTOR _ City of Redlands Birth Date N/A Federal ID No. or Social Security No. N/A Contractor's Representative Gary Luebbers, City Manager Address P,p. Box 3005, Redlands CA 92373 Phone (909) 798-7510 Nature of Contract: (Briefly describe the general terms of the contract) As part of H.R. 2158, Congress appropriated $15,000,000 dollars in Neighborhood San Bernardino for the purpose of improving the conditions of distressed and blighted within the cities of Highland, Redlands and San Bernardino. g od Initiative funds to the County of Grant Agreement with the federal Department n Ho rna and n Br areas and neighborhood's The County o San Bernardino has entered into a utilize Neighborhood Initiative funds while setting the terms, conditions, regulatory Housing Urban Development (HUD) enabling the County to governing the use of Neighborhood Initiative funds. This Cooperation Agreement betty een ty of Redlands gives the County the authority to carry out Neighborhood g story and statutory requirements This Agreement also establishes the g hood Initiative activities inhthe City of Redlande County and the s. revitalization efforts of both entities. These llpol cies and procedures are i procedures for coordinating the combined neighborhood between the County and HUD. With the passage of this Cooperation Agreement, Neighborhood Initiative can begin in the City of Redlands. n compliance with the Grant Agreement the implementation phase of the I Attach this transmittal to all contracts not prepared on the "Standard Contract �P roved as to egal "form.) Reviewed as to Alli v Action Reviewed,for Processing ounty Couns r` ► ` ate Agency Administrator/CAO Date ,// Date Cooperative/Delegate Agency Agreement Between the County of San Bernardino and the City of Redlands For the Use of Neighborhood Initiative Program Funds Grant Number :.� This Agreement is entered into this 55th day of June 1999, by and between the County of San Bernardino of the State of California, hereinafter referred to as "COUTNTY". an Redlands, a municipal corporation located within the boundaries of COUNTY, hereinafterdre edrr the C�to aof s "CITY". WHEREAS, ttivo (2)military bases and other military installations located within or near the County have been closed by the United States Government during the past sir (6) years; and WHEREAS, the closure of these bases and installations has resulted in a loss of over 40, and otherwise adversely affected the economy within the County, and 000 jobs WHEREAS, the foregoing conditions have, in turn, adversely affected levels of homeownership in the County as well as the prospects for homeownership among certain segments of the County's Population; and WHEREAS, the loss of two military bases and defense related industries combined with a national recession caused thousands of homes to be foreclosed upon; and WHEREAS, these vacant dilapidated properties negatively impacted neighborhoods spreading blighting conditions through many communities in the east valley; and WHEREAS, on May 27,1997, the most high-powered assemblage on blight to that time was convened, including Congressman Lewis, Congressman Brown, county officials, city council members, activists, realtors, and developers. Attentions were focused on the problems faced by the City of San Bernardino and its efforts to address the vast number of HUD-owned, boarded units and their impact on local neighborhoods; and WHEREAS, as a result of the meeting and the input of over one hundred participants, the attentions of the US Congress were also focussed on this challenging task. The result is the $15 milli Neighborhood Initiative Program; and on WHEREAS, the mission of the Neighborhood Initiative Program is the preservation and revitalization of neighborhoods through maximizing opportunities afforded by the availability and the leveraging of$15,000,000 in Federal Neighborhood Initiative Funds; and neighborhoodsREmake�anmpa goals bot bly and f the Nvishstructurgborhood e Program are to eradicate blight in the percentage of owner-occupied residences concentrating structurally firstin heneighborhoods,timeho ebuyers,ncm nimize administrative costs, maximize neighborhood participation, involve and commit city and County agencies and their resources, intensify code enforcement activities, maximize use of successful, existing program, maximize available public resources, and leverage available funds through programs and partnerships; and WHEREAS, this Agreement is made pursuant to the COUNTY's Neighborhood Initiative Program Action Plan; and 1 WHEREAS, both COUNTY and CITY seek to coordinate their efforts to maximize utilization of personnel and resources, and increase efficiency and economies of scale in the planning and administration of the program hereinafter set forth. NOW, THEREFORE, for and in consideration of the covenants and agreements set forth herein. and intending to be legally bound hereby, COUNTY and CITY agree as follows: i 1. PURPOSE This Agreement gives COUNTY and CITY the authority to undertake or assist in undertaking certain activities to be funded by a Neighborhood Initiative Program (hereinafter referred to as "NI Program") grant from the Department of Housing and Urban Development (hereinafter referred to as"HUD"). The purpose will be accomplished pursuant to the requirements of the its regulations, and other Federal, State and County laws and policies in the manner herein set forth. COUNTY and CITY agree to cooperate to undertake, or assist in undertaking, community renewal and lower income housing assistance activities, specifically urban renewal and publicly assisted housing. Unless specified otherwise, COUNTY's Department of Economic and Community Development (hereinafter referred to as "ECD") shall have the authority to represent COUNTY regarding the terms and conditions of this Agreement and the administration thereof, 2. TERM The term of this agreement shall be in effect until June 30, 2004. COUN'T'Y may grant an extension of up to six months for the purpose of completing CITY's projects/activities which are underway and cannot be completed during the term of this Agreement. CITY may request any such extension in writing. Any extension will only be effective if granted in writing by COUNTY. 3. AUTHORIZATION OF PROJECT/ACTIVITY CITY shall not initiate nor incur expenses for any project or activity covered under the terms of this Agreement prior to receiving written authorization from COUNTY. Written authorization will be accomplished when Attachments "A" (Request to Initiate Project or Activity) and "B" (Project or Activity Description)of this Agreement have been completed and signed by CITY and countersigned by ECD. Any such authorized project or activity shall hereinafter be referred to as an"AUTHORIZED PROJECT". 4. MUTUAL COOPERATION CITY and COUNTY shall cooperate in carrying out the AUTHORIZED PROJECTS. 5. COUNTY RUPONSIBII,ITIES COUNTY, through ECD, is empowered to enforce all Federal regulations pertaining to NI Program funded projects undertaken by CITY under this Agn-eement. CITY recognizes that COUNTY, as the formal grantee of the NI Program, has full responsibility and obligations to HUD for undertaking the Program and has full authority in administering and allocating funds. 2 i CITY will have no direct responsibilities or obligations to HIND, except as identified under this Agreement. 6. MNFORMANCE TQ COUNTY PROCEDURES Under this Agreement, CITY must perform all services and activities in accordance with Federal IN and State statutory requirements and with the policies and procedures established by the Board of Supervisors,and shall comply with the following: A. NI Promm Administrator Upon COUNTY's and CITY's mutual assent to this Agreement, CITY will designate a "NI Program Administrator" by filling in the name of said person in the space provided below. The NI Program Administrator is the responsible authority for all correspondence with COUNTY, the signatory on AUTHORIZED PROJECT Attachments A and B and shall advise the CITY Council, CITY administration and CITY staff, as appropriate regarding the NI Program. CITY may, by written notification as set forth below, change the NI Program Administrator, CITY's NI Program Administrator for this Agreement is Marie Pettus TITLE:__,Community Services Div. Manager B. Fiscal Contact Person For purposes of this Agreement, CII"Y 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 NI 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's Fiscal Contact person for this Agreement is Mariie Pettus TITLE: Community Services Div. Manager C. Accounting Procedures CITY shall be responsible for maintaining complete and separate fiscal accounts for NIT Program funds which come under its control in such manner as to permit the reports required by COI>'NTY to be prepared therefrom and to permit the tracing of NET Program 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 NI Program funds along with monthly reports of grant expenditures. T DISBIMSEMEN'I OE EI NDS All NI Program fands allocated to CITY's AUTHORIZED PROJECT(s) shall be received from HUD by COUNTY under the ACT. The COUNTY Board of Supervisors shall have final authority for determining the allocation and distribution of NI Program funds and for selecting the projects and activities for which such funds shall be used within the general activity categories 3 1 described in the Program Action Plan. ECD will disburse the funds to CITY on a cost reimbursement basis unless delineated otherwise in Attachment A and/or B. 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 30 days for payment on the part of ECD. CITY may request an advance of NJ Program funds in such case as the need for working capital is required and the time elapsing between COUNTY payment of funds and CITY disbursement is accomplished in not more than 72 hours of receipt of funds. 8, WITHHOLDING OF FUNDS COUNTY shall retain the right to withhold funds for any programs or activities upon giving written notice to CITY indicating that COUNTY has determined that CITY has not performed its obligations as stated in this Agreement in a satisfactory or timely manner consistent with Federal regulations or policy. COUNTY shall notify CITY in writing of this determination, specifying the objection(s)to CITY's performance. CITY shall then have a maximum of 30 days I in-which to remedy said deficiencies. Should approval of COUNTY not be obtained within said period, COUNTY shall have full authority to reallocate CITY's NI Program funding to other eligible activities which can be implemented or to assume sole responsibility for carrying out any and/or all AUTHORIZED PROJECTS, upon written notice to CITY. Upon such notice, CITY agrees to cease all activity provided hereunder, as specified in said notice. 9. PROGRAM MKOM Program income represents net income directly generated from the use of NI Program funds by CITY as a result of the projects activities funded under the terms of this Agreement. When such income is generated by an activity only partially assisted with NJ Program funds,the income shall be prorated to reflect the percentage of NI Program funds used. 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 12,PROGRAM REPORTING,all sources and amounts of program income on a monthly and year-to-date basis. CITY use of program income funds by CITY will be assured by first return of said funds to COUNTY then, requesting and receiving approval by COUNTY for budgetary increases or adjustments to project or activity authorized under this Agreement. 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 NI Program funds are spent. Any program income on-hand when this Agreement expires or is received after such expiration, shall be paid to COUNTY within 30 days after expiration of this Agreement or CITY's receipt of such funds accrued after expiration of this Agreement. 10. 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 AL TFIORIZED PROJECT funds. All CITY records, with the 4 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 assist COUNTY in preparing any required reports 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 monthly status report on all active AUTHORIZED PROJECTS and, if applicable,program income generating activities. 11. 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 NI Program has been implemented and measurable goals achieved, effectiveness of project management, and impact of the AUTHORIZED PROJECTS. Authorized representatives of COUNTY and HUD shall have the right of access to all activities and facilities operated by CITY under this Agreement. Facilities include all files. records, and other documents related to the performance of this Agreement. CITY will penult on-site inspection by COUNTY and HUD representatives, and insure that its employees furnish such information, 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. 12. RETENTION OF RECORDS COUNTY and CITY shall comply with the requirements of 24 CFR Part 84 or Part 85 related to the retention of records, open access to records by HUD, reporting, project close-out, later disallowances and adjustments, and collection of amounts due. 13. 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 COt NiTY'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. C1 inspection 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 AUTHORIZED PROJECTS. Should COUNTY subsequently determine that the special audit was not warranted, the amount encumbered will be restored to said AUTHORIZED PROJECT allocations. Should the special audit confirm misappropriation or misapplication of fund's, CITY shall reimburse COUNTY the amount of misappropriation or misapplication from non-IN-1 Program funding sources. 5 14. REYERSION..QF ASSETS All real property acquired or improved in whole or in part with NI Program funds in excess of $25,000 under this Agreement must continue in the use that provides the service benefits and objectives for which it was funded until five (5) 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 by CITY of non-NI Program funds for the acquisition of. or improvement to, the property. 15. TERMINATION AND TERMINATION COST This Agreement may be terminated in whole or in part at any time by either party upon giving thirty (30) days notice in writing to the other party. An agreement must be reached by both parties as to reasons and conditions for termination in compliance with the provisions of Federal Regulations at 24 CFR Part 85.44, Termination for Convenience. COUNTY 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 NI Program 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 falls 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. COUNTY also retains the right to complete said project. In such event, CITY shall be compensated for all services rendered and all necessarily *incurred costs performed in i 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 NI Program funds are available from HUD. 16. DISCRIMINATION 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 or 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 thisnondiscrimination clause. 17. LILIDREQ} URNIENTIS A. COUNTY and CITY shall each comply with the following equal opportunity!National Environmental Policy Act requirements; 6 1. For projects involving housing, the requirements of the Fair Housing Act (42 U.S.C. 3601-20) and implementing regulations at 24 CFR Part 100; Executive Order 11063 (Equal Opportunity in Housing) and implementing regulations at 24 CFR Part 107. 2. The requirements of title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d) (Nondiscrimination in Federally Assisted Programs) and implementing regulations issued at 24 CFR Part 1. 3. The prohibitions against discrimination on the basis of age under the Age Discrimination Act of 1975 (42 U.S.C. 6101-07) and implementing regulations at 24 CFR Part 146, and the prohibitions against discrimination against handicapped individuals under section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and implementing regulations at 24 CFR Part 8. 4. The requirements of 24 CFR 5.105(a) regarding equal opportunity as well as the requirements of Executive Order 11246 (Equal Employment Opportunity) and the implementing regulations issued at 41 CFR Chapter 60. 5. The requirements of Executive Orders 11625 and 12432 (concerning Minority Business Enterprise), and 12138 (concerning Women's Business Enterprise). Consistent with HUD's responsibilities under these Orders, the Grantee must make efforts to encourage the use of minority and women's business enterprises in connection with grant funded activities. 24 CFR Part 85.36(e) describes actions to be taken by the Grantee to assure that minority business enterprises and women business enterprises are used when possible in the procurement of property and services. 6. Grantee where applicable shall maintain records of its efforts to comply with requirements cited in Paragraphs 5 and 6 above. B. Any requirements that may be imposed by HUD subject to the National Environmental Policy Act or other legislation implemented by 24 CFR Part 50. HUD regulatory requirements on toxic chemical,noise, and airport clear zones also apply. C. Administrative requirements of OMB Circular A-133 "Audits of States, Local governments and Non-Profit Organizations". D. For State and Local Governments, the Administrative requirements of 24 CFR Part 85, including the procurement requirements of 24 CFR Part 85.3)6, and the requirements of OMB Circular A-87 regarding Cost Principles for State and Local Governments. E. The regulations at 24 CFR Part 87,related to lobbying, including the requirement that the Grantee obtain certifications and disclosures from all covered persons. F. Restrictions on participation by ineligible, debarred or suspended persons or entities as described in Executive Order 12549 and at CFR 24 Part 5.105(c). G. The Uniform Relocation Act as implemented by regulations at 49 CFR Part 24. 7 18. AGREEMENT TO ENFORCE CQMPLIANCE BY THE SUB GRANTEE WITH THE REQUIREMENTS OF THIS GRANT AUREEMENT A. The grantee agrees to enter into a contract with each sub-grantee that will have responsibility for designated aspects of project performance as identified in the application and Article VIII (B) of the Grant Agreement. The contract shall commit the sub-grantee to comply with the terms of this Grant Agreement. B. The Grantee agrees to enforce compliance by the sub-grantee with the terms of the contract. C. The contract between the Grantee and the sub-grantee shall contain the following: 1. The activities to be undertaken by the sub-grantee, consistent with the activities described in the Grantee's application as modified by Article VIII (A) of this Grant Agreement. 2. All applicable equal opportunity requirements set forth in Article 1, Section B of this Grant Agreement. 3. Anti-lobbying requirements in 24 CFR Part 87, including the requirement to provide certain certifications and/or disclosures to the Grantee. 4. The requirements of 24 CFR Part 84 or 85 as appropriate and Treasury Circular 1075, that grant funds shall not be requested or disbursed by the Grantee until needed and shall be the minimum amount necessary. Additional requirements for drawdowns are in Articles III and IV. 5. The cost charges to the grant must be allowable (including the "reasonable and necessary" standard) and allocable as specified in OMB Circular A-87,A-122, or A-21 (Cost principles for Institutions of Higher Education as appropriate. 6. 24 CFR Part 84 or Part 85 requirements related to retention of records, open access to records by HUD and the Grantee, reporting, project close-out, later disallowance's and adjustments,and collection of amounts due. 19. STANDARDSOFCONDUCT Pursuant to Office of Management and Budget Circular A-110 Attachment 0 and 24 CFR 570.611, Conflict of Interest, and 24 CFR Part 85.3 6, Procurement, CITY shall maintain a written code or standards of conduct 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; Z�� B. Any member of his immediate family; C. His or her business partner-, or 8 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 solicit nor accept gratuities, favors or anything of monetary value from contractors,potential contractors, or parties to subagreements. CITY may set minimum rules where the financial interest is not substantial or the gift is an unsolicited item of nominal intrinsic value. To the extent permitted by State or local law or regulations, such standards of conduct shall provide for penalties, sanctions, or other disciplinary actions for violations of such standards by the CITY's officers, employees, or agents, or by contractors or their agents. 20. 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. 21. INDEMNIFICATION CITY agrees to indemnify, defend and hold harmless COUNTY and its authorized officers, employees, agents, and volunteers from any and all claims, actions, losses, damages and/or liability arising from CITY acts, errors or omissions of any person and for any costs or expenses incurred by COUNTY on account of any claim therefore, except where such indemnification is prohibited by law. CITY shall indemnify and hold harmless COUNTY against any liability, 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 fall 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. 22. INSURANCE REQUIREMENTS In order to accomplish the indemnification provision of Section 26, Indemnification, 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 type of insurance with limits as shown. Said policies shall add as insured the COUNTY, its elected officials, officers, employees and agents for all liability arising from AUTHORIZED PROJECTS. Workers' Compensation - A program of Worker's 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 CITY and all risks to such persons under this Contract. 9 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 than one million dollars 1,000,000). Errors and Omissions Liability Insurance Combined single limits of $1,000,000 for bodily injury and property damage and$ 3,000,000 in the aggregate or Professional Liabilitv - Professional liability'insurance with limits of at least $1,000,000 per claim or occurrence. Additional Named Insure - All policies, except for Workers' Compensation. Errors and Omissions and Professional Liability policies, shall contain additional endorsements naming COUNTY and its officers, employees, agents, and volunteers as additional named insured with respect to liabilities arising out of the performance of services hereunder. Waiver of Subrogation Rights - Except for Errors and Omissions and Professional Liability, CITY shall require the carriers of the above required coverage to waive all rights of subrogation against COUNTY, its officers, employees, agents, volunteers, contractors and subcontractors. Policies Primary and Non-Contributory - All policies required above are to be primary and non-contributory with any insurance or self-insurance programs carried or administered by COUNTY. 23. CONTRACTOR WARRANTY OF ADHERENCE TO COUNTY'S CHILD SUPPORT COMPLIANCE PROGRAM. CONTRACTOR acknowledges that COUNTY has, established a goal of ensuring that all individuals who benefit financially from COUNTY through contract are in compliance with their court-ordered child, family and spousal support obligations in order to mitigate the economic burden otherwise imposed upon COUNTY and its taxpayers. As required by COUNTY'S Child Support Compliance Program (County Code Section 110.0101 et seq.) and without limiting CONTRACTOR'S duty under this contract to comply with all applicable provisions of law, CONTRACTOR warrants that it is now in compliance and shall during the term of this contract maintain compliance with employment and wage reporting requirements as required by the Federal Social Security Act (42 USC Section 653a) and California Unemployment Insurance Code Section 1088.5, and shall implement all lawfully served Wage and Earnings Withholding Orders or District Attorney Notices of Wage and Earnings Assignment for Child or Spousal Support,pursuant to Code of Civil Procedure Section 706.031 and Family Code Section 5246(b). Contractor hereby certifies that it has submitted to the County a completed Principal Owner Information (POI Form) and Child Support Compliance Program Certification (CSCP Certification). TERMINATION FOR BREACH OF WARRANTY TO MAINTAIN COMPLIANCE WITH COUNTIY'S CHILD SUPPORT COMPLIANCE PROGRAM. Failure of CONTRACTOR to maintain compliance with the requirements set forth in the preceding paragraph shall constitute default by CONTRACTOR under this contract. Without limiting the rights and remedies available to COLJNTTY under law or under any other provision of this contract, failure to cure such default within 90 days of notice by the San Bernardino County District Attorney shall be grounds upon which the County Board of Supervisors may terminate this contract. 10 24. AMENDMENT • 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, addition or variation of the terms of this Agreement shall not be valid unless made in the form of a written amendment to this Agreement formally approved and executed by both parties. 25. NOTICES All notices shall be served in Nvriting and shall be delivered to the following addresses: County of San Bernardino Department of Economic and Community Development Mr. Thomas R. Laurin, Director 290 North"D"Street, Sixth Floor San Bernardino, CA 92415-0040 City of Redlands Gary Luebbers,City Manager P.O. Box 3005 Redlands,CA 92373-1505 r IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the day and year first written above. COUNTY OF SAN BERNARDINO CITY OF REDLANDS By By: , N MIKELS UN 22 29, 19999 BVI L,IAM E.CI TGIL I Chairman,Beard.of Supervisors Mayor Dated: June 1 SIGNED AND CE � `HAT A COPY OF ATTEST: THIS DOC BEk.DELIVERED TO THE C - BOARD ' B E n y IBBIER C rk� t o I" rs ° eruaxdo Title: City Clerk t By: Dated: June 15, 1999 = Dated: Iu - APPROVED AS TO FORM, THE TERMS AND PROVISIONS OF THIS AGREEMENT ARE FULLY AUTHORIZED UNDER STATE AND LOCAL LAW AND THIS AGREEMENT PROVIDES FULL LEGAL AUTHORITY FOR COUNTY TO UNDERTAKE OR ASSIST IN UNDERTAKING ESSENTIAL NEIGHBORHOOD INITIATIVE PROGRAM ACTIVITIES. z By: MICH LE L EMORE Deputy ounty Counsel Dated: 12 Exhibits A. Work Program: Projects and Activities to be Undertaken Pursuant to this Agreement Attachments A. Request to Initiate Project or Activity K Project or Activity Description C. Delegate Agency Coordination Procedures D. Delegate Agency Minority, Women and Disabled Veteran Owned Business Enterprise Participation 13 EXHIBIT NEIGHBORHOOD INITIATIVE PROGRAM A!CIIQN ELAN PROJEC'T'S AND ACTIVITIES TO BE UNDERTAKEN WITH NEIGHBORHOOD INITIATIVEPROGRAM FUNDS WITHIN THE CITY OF`REDLANDS PHASE I BUDGET* 1. Single'Family Rehabilitation(Owner/Renter{occupied)` $400.000 . Single Family Grant $200,000 3. Multifamily Rehabilitation $200,000 . Exterior Maintenance Grants $300,000 5. Homeownership Assistance Program(Existing County Program-HOME funds) 0 6. Demolition Program $150,000 7. Infill Flouring $150,000 8. In . acture $500,000 9. Homebuyer Education/Training(NHSIE Contract) 0 10. HUD-Owned Property Acquisition/Rehab 0 (Administered under contract between COUNTY and FNMA) 11. Administration $100,000 At completion of Phase 1, additional funds may be added at the request of City with written authorization accomplished when Attachments " " (Request to Initiate Project or Activity) and °B" (Project or Activity Description)of this Agreement have been completed and signed by CITY and countersigned by ECD. Any such authorized project or activity shill hereinafter be referred to as an "AUTHORIZED PROJECT". 14 ATTACHMENT'W! REQUEST TO INITIATE PROJECT/ACTIVITY NEIGHBORHOOD INITIATIVE PROGRAM CITY OF REDLANDS PROJECT NUMBER: DATE OF ORIG24AL ISSUE: CASE NUMBER; ORIGINAL: REVISION TARGET ARE DATE OF REVISION: Pursuant to the terms of the Cooperative Agreement between the County of San Bernardino and the City of ("City")regarding the use of Neighborhood Initiative(NI) Program funds, dated—, the City hereby requests that the following project/activity be initiated. There will be no changes in ProjectlActivity Title, Activity Budget(Attachment B) or in the Activity Description (Attachment C) without written approval of the Director of the County Department of Economic and Community Development("ECD"). PROJECTZACTIVITY TITLE: ACTIVITY LOCATION: TOTAL PROJECT FUNDING: $ CITY ALLOCATION RELEASED: CITY FUNDS EXPENDED AS OF: DATE OF RELEASE OF FUNDS: BALANCE OF FUNDS AVAILABLE: SCHEDULE OF NI PROGRAM.FUNDING ALLOCATION: Year 5 Year I Year 2 Year 3 Year 4 1999 a"00 2001 k2902 2003 TOTAL MAINTENANCE AND OPERATION BUDGET/AGREEMENT: OTHER PERTINENT INFORMATION: ACCEPTANCE OF.REQX--,ESTTO INITIATE PROJECT/ACTIVITY I hereby acknowledge the receipt of the Request to Initiate the above Project/Activity and agree to implement the activity described in Attachment B (Project/Activity Description) in accordance with the above Allocation and Balance of Funds Available subject to necessary approvals of the Board of Supervisors. The proposed budget for this project is as follows: LAND ACQUISITION•, PURCHASE OF EQUIPMENT, S STAFF C/QST RELATED: CQNSMUCTION CAST: TO LAND ACQUISITION CITY STAFF COS DESIGN: S— CONTINGENCY: CONSULTANT SERVICES: $— TOTAL NEIGHBORHOOD INITIATIVE PROGRAM ALLOCATION RELEASED:$ IMPLEMENTING CITY: DATE: SIGNATURE: TITLE: COUNTY OF SAN BERNARDINO DEPARTMENT OF ECONOMIC AND COMMUNITY DENTELOPMENITITUBLIC SERVICES GROUP DIRECTOR DATE: 15 ATTACHIt'IEN1T "B" PROJECT/ACTIVITY DESCRIPTION IGnBOR.HOOD INITIATIVE PROGRMAI PROJ CT MIMB R' LATE QF C3IIIGI I& ISSUE- AS NUMBER. ORIQII�IAL` X RFVISI{ I ` TARGET AREA.• I}A'T'E!2F-ROOM pEQ CT/ CTB(M TITLE' ACTIVITY LQCA`MN Target areas of ACTIVITY`�ESCIPTI+C??l*1' IMPLEMENTING ENTITY: CITY GE AUTHORIZED SIGNATURE LATE TITLE COUNTY GE SAN BERN—A.RDINITO DEPARTMENT GP ECONOMIC A N' COMML' ITY DEVELOPMENT PUBLIC SERVICES GROUP DATE DIRECTOR 16 - __._ M.,.y-rte . ..r,,�,,:r,,;,:�r��.�f .�,�,�i �i�� ,�✓4,`�'`�"car�, �i,�^��`��� �`v.% ����.�. ���°����r ATTACHMENT "C" COUNTY OF SAN BERNARDINO DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT DELEGATE AGENCY COORDINATION PROCEDURES 1. Introduction The following procedures identify the actions, responsibilities, and sequence of events for Neighborhood Initiative (NI) Program funded projects being implemented by a coordinated effort between the San Bernardino County Department of Economic and Community Development, hereinafter referred to as "ECD," and the City of San Bernardino, hereinafter referred to as "DA". For each action or event listed in Section III of this Exhibit, the entity responsible for carrying out that action or event is referenced beside it. Section 19 of the Cooperative Agreement contains regulations and statutes applicable to NI Program funded activities. 11. Authorization to Proceed The DA is not authorized to expend funds nor to initiate NI Program projects until authorized to do so in writing by ECD. Continued authorization is contingent upon adequate progress and timely submission of Monthly Project Status Report-* covering all current AUTHORIZED PROJECTS. Contract procurement shall be governed by all Federal regulations and statutes, as amended. See listed in Section 19 of the Cooperative Agreement. ECD payments of DA Requests for Reimbursement will be subject to DA submittal of a complete reimbursement report package. A. Project/Activi1y Budget Each project or activity is initiated by submittal of a Request to Initiate Project/Activity form(Attachment A) when environmental clearance is completed, and funds have been released by HUD. Attachment A specifies the total funding allocation for the project/activity, the portions currently released and available to expend, the budget categories for the allocation, and the entity responsible for maintenance and operation of the completed project. The DA shall also complete an estimated budget showing the allocation of funds. B. Activity Description The activity description shall be forwarded to the DA in the form specified in Attachment B. The Description should be specific enough for use as the scope of work funded by NI Program funds. It will contain a description of all work to be completed Approval to change the project/activity description will come from ECD in the form of a revised Attachment B(and corresponding Attachment A, if appropriate). ECD will complete the Attachments A and B and will send two copies each to DA for signature. Once signed and fully completed, they must be returned to ECD for the Director's signature. A copy of each will be returned to DA signifying outlined in the following section. _ml authorization to proceed with actions o 17 Actions and Responsibilities A. HUD/FNMA Property Disposition 1. County will receive bulk list of properties from HUD 2. County will contact the designated 13'ailding-& Safety inspector for the respective Jurisdictions. Pre-alter appointments will be scheduled within 72 hours. 3. A specific schedule of pre-alter appointments will be provided to each City's designated inspector for the purpose of meeting with County cost estimators at the various properties. 4. City inspectors will provide the cost estimator a copy of the case history, when applicable, on each property. 5. A comprehensive pre-alter report will be completed by the end of each appointment. There will be no deviations from the original pre-alter by subsequent inspectors. The County will correct anv unforeseen health and safety issues that may occur during the course of construction. 6. Cities will provide a priority status to all inspection requests for NIP rehabilitation projects. 7. Respective cities are to provide a list of active rehabilitation projects to local police agencies and request increased patrol in various areas. 18 ATTACHMENT"D" SAN BERNARDINO COUNTY DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT DELEGATE AGENCY MINORITY,WOMEN AND DISABLED VETERAN OW-N-E BUSINESS ENTERPRISE PARTICIPATION This form is designed to assist the County of San Bernardino in assessing and reporting the proportion and amounts of contracts and subcontracts awarded to Minority, Women and Disabled Veteran Owned Business Enterprises (MAV/DVBE'S) for the project named below. Include information on all subcontractors and suppliers if the total bid amount exceeds $10,000. "Minority owned or controlled" means that 51% or more of the company's ownership or controlling interest in the company is held by one or more African Americans, Native Americans (including American Indians, Eskimos, Aleuts, and Native Hawaiians), Hispanic Americans, or Asian/Pacific Americans (including persons whose origins are from Japan, China, the Philippines,Vietnam, Korea, Samoa, Guam, the United States Trust Territories of the Pacific,Northern Marianas, Laos, Cambodia, and Taiwan), or any other group of natural persons identified as minorities in the project specifications by the County. "Female owned or controlled" means that 51% or more of the company's ownership or controlling interest in the company is held by one or more female persons. "Disabled Veteran owned or controlled" means that 51% or more of the company's ownership or controlling interest in the company is held by one or more disabled veterans. PROJECT: Project Name Project Number $ Federally funded or assisted? Yes No Total Bid Amount CONTRACTOR: Contractor Name Address Federal I.D.Number Zip Minority owned or controlled? Yes [ No Portion of bid amount to be performed by contractor Female owned or controlled? Yes [ No SUBCONTRACTORS 1) Subcontractor Name Address Zip Federal I.D. Number Minority owned or controlled? Yes No Female owned or controlled? Yes No Subcontract Amount Disabled Veteran oxNmed or controlled? Yes No 19 Minori w enand DiwbIedVe ran Owned.Busing5s n e rises rti i align Cont' e 2) Subcontractor Name Address Zip Federal I.D.Number Minority owned or controlled? [ Yes [ ]No I Female awned or controlled? ]Yes [ ]No Subcontract Amount Disabled Veteran owned gr controlled? Yes [ No Subcontractor Name Address Zip Federal I.D.Number Minority owned or controlled? ]Yes [ ]No Female owned or controlled? [ ]Yes [ ] No Subcontract Amount Disabled Veteran owned or controlled? [ ]Yes ]No Subcontractor Name Address zip Federal I.D.Number Minority owned or controlled? [ ]Yes [ ]No Female owned or controlled? [ ]Yes [ ]No Subcontract Amount Disabled Veteran owned or controlled? [ ]Yes [ ]No 5} Subcontractor Naive Address Zip Federal I.D.Number Minority awned or controlled? [ ]'Yes [ ]No $ Female owned or controlled? [ ] Yes [ ']No Subcontract AmountDisabled Veteran owned or controlled? [ ] Yes [ ]No 6) Subcontractor Name Address Zip Federal I.D.Number Minority owned or controlled? [ ] Yes [ ]No Female owned or controlled? [ ]Yes [ ]No Subcontract Amount Disabled Veteran owned or controlled.? [ ]Yes [ ]No Subcontractor Name Address Zip Federal I.D.Number ' Minority owned or controlled?trolled [ ]Yes [ ]No Female owned or controlled`? [ ]Yes [ ]No Subcontract Amount Disabled Veteran owned or controlled? [ ] Yes [ ]',No' Sj Subcontractor Name Address Zip Federal I.D.Number Minority owned or controlled? [ Yes [ ]No Subcontract Amount Female owned or controlled? [ ]Yes [ ]leo Disabled Veteran owned or controlled? [ ] Yes ' ] ' o (Use additional copies of this formmif needed to provide information on all subcontractors) 20 Minority,Women and Disabled Veteran Owned Business Enterprise Participation(Continued San Bernardino County MY`W/DVBE Policv and Goals To receive the contract award as the lowest responsible bidder, the contractor must either: 1) meet the goals and requirements established by the County relating to participation in the contract by MBE's, WBE's and DVBE's; or 2) produce information to document a good faith effort, made by the bidder prior to the bid opening, to comply with those goals and requirements. See Public Contracts Code, Section 2000 which specifies the actions required for a good faith effort; or the federal regulations at 24 CFR Part 85, 36(e), Contracting With Small and Minority Finns,Women's Business Enterprise and Labor Surplus Area Firms, for a listing of good faith effort actions required for federally funded or assisted projects. In compliance with the County's goal of achieving, 15% participation of Minority Business Enterprise (MBE), 5% participation of Women's Business Enterprise (WBE), and 3% participation of Disabled Veteran's Business Enterprise (DVBE), the following analysis calls for information needed to assess the levels of participation provided by your bid. A copy of the Policy and Goals is available from your County contracting department. M/V/DVBE PARTICIPATION ANALYSIS $ Divided By$ Multiplied By 100 (MBE Portion (Total Bid Amount) (Percentage of MBE of Total Bid) Participation) Divided By $ Multiplied By 100 (WBE Portion (Total Bid Amount) (Percentage of WBE of Total Bid) Participation) $ Divided By $ Multiplied By 100 (DVBE Portion (Total Bid Amount) (Percentage of DVBE of Total Bid) Participation) If the percentage of MBE participation is less than 15% or the percentage of WBE participation is less than 5%, or the percentage of DVBE participation is less than 3%, document the actions you took prior to the bid opening in making a good faith effort and submit to the County Department a statement and supporting documentation as part of your bid submittal. Certification-The information above is true and complete to the best of my knowledge and belief. Name and Title of Signer(please type) Signature Date NOTE: Failure to complete and sign this form is cause for rejection of the bid as not being responsive or responsible. Page 21 of 21 PA,Agreernents-1,City of Redlands Agreernent,doc