HomeMy WebLinkAboutContracts & Agreements_38-2000_CCv0001.pdf STATE OF CALIFORNIA
ST.-►NDARQ AGREEMENT_ APPROVED BY THE ATTORNEY GENERAL. CONTRACT NUMBER -7AM.NO.
STD.z(REV.5-91) 99-DRI-010 _
NJR� e TAXPAYERS FEDERAL EMPLOYER IDENTIFICATION N i15ER
THIS AGREEMEN c d en D Fred mto this day of February 192,000
in the State of California,by and between State of California,through its duly elected or appointed,qualified and acting
TITLE OF OFFICER ACTING FOR STATE AGENCY
Director Department of Housing and Community Development,hereafter called the State,and
CONTRACTOR'S NAME
City of Redlands hereafter called the Contractor.
WITNESSETH: That the Contractor for and in consideration of the covenants,conditions,agreements,and stipulations of the State hereinafter expressed.
does hereby agree to furnish to the State services and materials as follows: (Set forth service to be rendered by Contractor,amount to be paid Contractor,
time for performance or completion,and attach plans and specifications,if any.)
This agreement will provide official notification of the grant award under the State's administration of the-Disaster Recovery Initiative
Program(hereinafter,"DRP'or"the Program")for jurisdictions pursuant to the provisions under the 1998 Supplemental Appropriations
and Recessions Act(Public Law 105-174, 112 Stat.58,et seq.,approved May 1, 1998),with respect to the 1998 HUD Disaster Recovery
Initiative grant funds. In accepting this grant award,the Grantee agrees to comply with the terms and conditions of this agreement and all
attachments hereto,the representations contained in the Grantee's application(hereinafter,"the Application")which is hereby incorporated
by reference as if set forth in full,and the requirements of the authorities cited above. For purposes of this agreement,use of the term
"Grantee"shall be a reference to"Contractor". Any changes made to the Application after this agreement is executed must receive prior
written approval from the State.
Term: The effective date of this agreement is the date stamped by the State in the lower right hand corner of this page. This agreement
shall terminate on August 31,2002.
Grant Amount: The amount to be paid as a grant to the Grantee under this agreement shall not exceed$1,000,000.00.
Grant Activity: The Grantee agrees to perform the grant activity(ies)as summarized below and on Attachments C&D attached hereto,
and as more fully described in the approved Application:
Flood control and drainage repair resulting from the winter storms of 1998.
$22,500.00 - General Administration
$977,500.00 - Public Works
CONTINUED ON 24 SHEETS,EACH BEARING NAME OF CONTRACTOR AND CONTRACT NUMBER.
The provisions on the reverse side hereof constitute a part of this agreement.
IN WITNESS WHEREOF,this agreement has been executed by the parties hereto,upon the date first above written.
STATE OF CALIFORNIA CONTRACTOR
AGENCY /1,111 CONTRACTOR(it other than an individual state whether a ooMoratran,partnership,etc.)
Depa r o Housing&Comm . Development City of Redlands Ai'r EZ
BY(At t HO ED$1GNATURE) _ BY(AUT D S(GNATU )
r
PRIM ESA'E OF PERS , SIGNING PRINTED NAME AND TITLE OF PERSON SIGNING fj
Dennis L. Montgomery Pat Gilbreath Ialayor Lc1rri e poyGer
TITLE ADDRESS Cit Cl erk
Manager,Business Management Branch P.O.Box 3005,Redlands,California 9273
AMOUNT ENCUMBERED BY THIS PROGRAWCATEGORY(CODE AND TITLE) FUND TITLE { Department of General Services
DOCUMENT
20 FTF Use Only
1,000 000.00
{OPTIONAL USE)
PR CR AMOUNT ENCUMBERED FOR � Federal Funds-CDBG FCN 14.228
THIS CONTRACT
ITEM CHAPTER STATUTE FISCAL YEAR �� xeI f� t tmen
_ 99900- - - - €fGeneral Services apprw4d
TOTAL AMOUNT ENCUMBERED TO --
D
-- --
DATE OBJECT OF EXPENDITURE(CODE AND TITLE) j
1,000,000.00 2207,°"46007=$1,000,000.00 Grant-Governmental 661702
I hereby certify upon my own personal knowledge that budgeted funds T.S.A.NO. B.R.No. � APR 2
are available for the period.and purpose of the expenditure stated above.
S GNATURE OF ACCOUNTING QFICER DATE _..._..__-
j�
1iLt ;' x
CONTRACTOF l__) STATE AGENCY r= DEPT.OF GEN.SER. CONTROLLER
STATE OF
CAL�FOFINIA
STANDARD AREEMENT
STD.2(REV. "i)(REVERSE)
..` is �Y�dnn �e#Cfa• aiY�i��r:
City of Redlands r
99-DRI-010
Page 2 of qq
1. The Contractor agrees to indemnify;defend and save harmless the State its officers,agentsandecr►p�oyetsx �- -:;{�,,;..
from any and all claims and losses�ecruing or resulting to any and all contractors, subcontractors ,
materialmen,laborers and any other person;firm or corporation furnishing ar supplying work
materials or supplies in connection with the performance of this contract,and from any and ati clam
losses accruing or resultin"to an person firm or cor iorafion wha Pie n-uufed or dathWd
p, I .�3C 31 'sFS W .0"W=
Contractor in tae'perfofinafice� t con{ract.,
E�'11^':5u
2...The Contractor,and the gge ,tsd enF �fonract � �:, .
j f,.t1 f1 f A Q>�- • f: is �/ Er.t!p.1�'I M•! �l A k
act,lD an inde nde t capgci�]! i
Tt"t'smuN791?S'yt1'"1 c�r vim 8`*�r �. ,► =
3ustt�rrr 3'r he Statetny teto4At
s ou�{i
. Coara�f4r } alp.� :11e
j6d n'
,Lp cmt q
�rpr
rit'A Y, tai " Jm
F �h.
€gmen an e n e on :
:x> ,� �
Tidy#6D; � thopt the Written t�Sel Q#
or in'part , ' �W.
I"
5. Time i of ihe�es�s'ene ih"thisea �Cf '�#°tst7t�
.r?.,+.wrY ♦i I,.Sz u7` ir -.�.' :'.,.�a' }.-
w'
alteratiarior'var�afiau orth'e terms o phis contract Aha V
the parties hereto,and no oral understanding or agreement n, ,
parties he'retoiZ�z r' "ra�y >�� ��y rw oto zf the nw-"Y,O
�7Theconsiderationto be pa�dContr Ctor, as. rovided herein',�`ft
+
-
Contractor's expenses incurred, n the performance-hereof, mcludingt
_.. othe"Ai a eXpreSSly s0
`. �.
Z%`1 -WE
, ,," - ', r .. :.^ .z.;;+'4stt�s-•�7"",r '�ftY"r'nrR+���M'�UN�R-!�t iQ F..
/'��y,�,.yam F��..,.1».....,. .4 .iQA,tia•:1.J�L..Y.1-.4 ._..,.w7'1••r
., f .�,ri'/._ }t t l-� "°�r'�F'� 3x 1�'-•ct�.1 ��"cy�N-r. �"rf'Se't{.-'a'� 1 '!.{f. .+t'W'.7..��� t� .-y
x� - "#�F� kk-h f �ZS t,_ s�i +fie=� PRk��+z ','� -•ACrI� .?���',�` � - -��1.++as`�` r..r:�s t�z..: :r' .•r:, i yfx -}+ -.�h�r.
»
J
y..� f l (4 _A��-4t r,.�,.,,;.{�L`wyti�Y+tyk.�. I1'L:._..:r._� :j. - �Y•-.�7.. .I,;NH:t{�ir F.,•>1�F.I r��1�.,
�W^^a+we.......4.�.N.M.Nw•M`w.ti.+1Y-P��v+��_+rw�..-� �n
.:13:, s..�'3FSt3 UinSIIfl�ilk.:.:n.. 'd »�` '"''v•:»F .. r a if.- Ai -.. � !, "�.>`��y-2f +��j'
�{}�..
is
_��, -wwl:_.�.�_.�._. ..-4---��-.:J�._.__..-.�. `.�� .� ' _..� :. .�_ ".�, _ ,� .„;tixy "� tet,.. .,,•F; a..
v.ry�N.....�.»ui�� ...� • '-'..i
alk,...rs,�4� ritx:� r..J_i i •d: �;asir': e�k37TtEt t��!�'
City of Redlands
99-DRI-010
Page 3 of 9
8. Approved Application
The Grantee agrees to fully perform the grant activity(ies) as described in the approved
Application, which is on file at the Department of Housing and Community Development,
Division of Community Affairs, 1800 Third Street, Room 390, Sacramento, California. All
written materials or alterations submitted from time to time as addenda to the original Application
and which are approved in writing by the State prior to the award are hereby incorporated as part
of the Application.
9. Completion of Grant Activity
a. With the exception of the Grant Closing Requirements set forth in Attachment C, the
Grantee shall complete the grant activity(ies) by the termination date set forth on page I of
this agreement, unless a written request for an extension is approved 90 days prior to grant
expiration in writing by the State.
10. Agreement Termination
a. The State may terminate this agreement, in whole or in part, at any time for cause by
giving 14 days written notice to the Grantee. Cause shall consist of violations of any terms
and/or special conditions of this agreement, upon the request of HUD, or withdrawal of the
State's expenditure authority. Upon termination of this agreement,unless otherwise
approved in writing by the State, any unexpended funds received by the Grantee shall be
returned to the State within 14 days of the Notice of Termination.
b. It is mutually understood between the parties that this agreement may have been written
before ascertaining the availability of congressional appropriation of funds, for the mutual
benefit of both parties in order to avoid program and fiscal delays which would occur if the
agreement were executed after the determination was made.
C. This agreement is valid and enforceable only if sufficient funds are made available to the
State by the United States Government under the 1998 Supplemental Appropriations and
Recessions Act(Public Law 105-174, 112 Stat.58, et seq., approved May 1, 1998), with
respect to the 1998 HUD Disaster Recovery Initiative grant funds. In addition, this
agreement is subject to any additional restrictions, limitations, or conditions enacted by the
Congress or State Legislature or any statute enacted by the Congress or the State
Legislature, which may affect the provisions, terms or funding of this agreement in any
manner.
d. If Congress does not appropriate sufficient funds for the program, the State may amend the
agreement to reflect any reduction in funds or it may terminate this agreement by giving 14
days written notice to the Grantee.
City of Redlands
99-DRI-010
Page 4 of 9
IL Grant Amount
For the purposes of performing the grant activity, the State agrees to pay to Grantee the amount
specified on page 1. If, during the term of this agreement, the grantee and the State agree in
writing to delete an activity(ies) from the scope of work of this agreement, the State may, by
administrative procedure, disencumber the funds associated with that activity(ies) during the term
of the agreement without a fom'al amendment to the agreement. In no instance shall the State be
liable for any costs for the grant activity in excess of this amount, nor for any unauthorized or
ineligible costs. The Grantee agrees to administer this agreement in accordance with the
provisions of Section 7098 through and including Section 7124 of Title 25 of the California Code
of Regulations.
12. Leverage/Matching Funds/Program Income
The Grantee shall provide leverage and/or matching funds in the amount specified in Attachment
C. The Grantee shall also provide program income, if any, in the amount specified in Attachment
C.
13. Method of Payment
The Grantee shall submit all forms to the Department of Housing and Community Development,
Community Development Block Grant Program, MS 390-2, P.Q. Box 952054, Sacramento,
California 94252-2054, or any other address of which the Grantee has been notified in writing.
The State shall not authorize payments unless it determines that the grant activity has been
performed in compliance with the terms of this agreement and its attachments.
a. Advances and Reimbursements
1) For All Activities: To receive an advance or reimbursement for the grant activity
performed, the Grantee shall submit, on forms provided by the State, a duly
executed Cash Request form, or other form as supplied by the State.
2) For Lump Sum Draws for Housing Rehabilitation Activities; If the Grantee is
using a lump sum draw down payment method for a Housing Rehabilitation
activity, the funds disbursed to the grantee under a lump sum cash request are
subject to the expenditure requirements contained in the Federal regulations at 24
CFR 570.513. Any funds drawn down under a lump sum arrangement must be
expended by the ending date of this agreement.
b. Final Payment Requests
I For grantees on theadvancement system. All requests for advance payments
must be submitted 90 days prior to the expiration date of this agreement.
2) For grantees on the reimbursement payment system. All requests for final
reimbursement must be submitted within 90 days after the expiration date of this
agreement.
City of Redlands
99-DRI-010
Page 5 of 9
3) For all requests ongrant funds that have not been previously requested. If the
final cash request for funds expended during the contract term has not been
requested by the 90" day after this agreement's expiration date, the State will
disencumber any funds remaining in the standard agreement.
14. Meeting National Objectives
All grant activities performed under this agreement must meet a national objective of the DRI
Program. The national objective for this grant activity is:
Benefit to Targeted Income Group Households
At least 50 percent of the grant award shall principally benefit Targeted Income Group
households. Households whose incomes are in the Lowest Targeted Income Group may
not be excluded from participation in any DRI-funded activities.
Elimination of Slums and Blight;or Urgent Need
Up to 50 percent of the grant award can meet either of these other two national objectives,
as further described in Section H. of the HUD Disaster Recovery Initiative;Notices,
published in the Federal Register on October 22, 1998, [Docket No. FR-4398-N-0I].
15. Special Conditions
The Grantee agrees to comply with the special conditions, if any, contained in Attachment D.
16. Inspections of Grant Activity
a. The Grantee shall 'inspect any grant activity performed hereunder to ensure that the grant
activity is being and has been performed in accordance with the applicable Federal, State
and/or local requirements, and this agreement.
b. The State reserves the right to inspect any grant activity performed hereunder to see that
the grant activity is being and has been performed in accordance with the applicable
Federal, State and/or local requirements, and this agreement.
C. The Grantee agrees to require that all grant activity found by such inspections not to
conform to the applicable requirements be corrected, and to withhold payment to the
contractor or subcontractor until it is so corrected.
IT Insurance
The Grantee shall have and maintain in full force and erect during the term of this agreement such
forms of insurance, at such levels, as may be determined by the Grantee and the State to be
necessary for specific components of the grant activity described in Attachment C.
City of Redlands
99-DRI-010
Page 6 of 9
18. Contractors and Subcontractors
a. The Grantee shall not enter into any agreement, written or oral, with any contractor without
the prior determination by the State of the contractor's eligibility. A contractor or
subcontractor is not eligible to receive grant funds if the contractor is not licensed in good
standing in California, or is listed on the Federal Consolidated List of Debarred,
Suspended, and Ineligible Contractors.
b. The agreement between the Grantee and any contractor shall require the contractor and its
subcontractors, if any, to:
1) Perform the grant activity in accordance with Federal, State and local housing and
building codes as are applicable.
2) Comply with the applicable State and Federal requirements described in
Attachments A and B of this agreement which pertain to, among other things, labor
standards, non-discrimination, Americans with Disabilities Act,Equal Employment
Opportunity, and Drug-Free Workplace.
3) Maintain at least the minimum State-required Worker's Compensation Insurance for
those employees who will perform the grant activity or any part of it.
4) Maintain, if so required by law, unemployment insurance, disability insurance and
liability insurance in an amount to be determined by the State which is reasonable
to compensate any person, firm, or corporation who may be injured or damaged by
the contractor or any subcontractor in performing the grant activity or any part of it.
5) Retain all books, records, accounts, documentation,and all other materials relevant
to the agreement for a period of three (3) years from date of termination of the
agreement, or three (3) years from the conclusion or resolution of any and all audits
or litigation relevant to the agreement or this standard agreement and any
amendments, whichever is later.
6) Permit the State, Federal government, the Bureau of State Audits, the Department
of Housing and Community Development and/or their representatives, upon
reasonable notice, unrestricted access to any or all books, records, accounts,
documentation, and alt other materials relevant to the agreement for the purpose of
monitoring, auditing, or otherwise examining said materials.
City of Redlands
99-DRI-010
Page 7 of 9
19. Obligations of Grantee with Respect to Certain Third Party Relationships
The Grantee shall remain fully obligated under the provisions of this agreement notwithstanding
its designation of any third party or parties for the undertaking of all or any part of the program
with respect to which assistance is being provided under this agreement to the Grantee. The
Grantee shall comply with all lawful requirements of the State necessary to ensure that the
program with respect to which assistance is being provided under this agreement to the Grantee is
carried out in accordance with the State's Assurance and Certifications, including those with
respect to the assumption of environmental responsibilities of the State under Section 104(h) of the
Housing and Community Development Act of 1974.
20. Suns
If the Grantee places signs stating that the State is providing financing, it shall indicate in a
typeface and size commensurate with the State's funding portion of the project that the State is a
source of financing through the DRI Program.
21. Audit/Retention and Inspection of Records
a. The Grantee must have intact, auditable fiscal records at all times. If the Grantee is found
to have missing audit reports from the State Controller's Office ("SCO") during the term of
this agreement,the Grantee will be required to submit a plan to the State, with task
deadlines, for submitting the audit to the SCO. If the deadlines are not met, the Grantee
will be subject to termination of this agreement and disencumbrance of the funds awarded.
The Grantee's audit completion plan is subject to prior review and approval by the State.
K Grantee agrees that the Department of Housing and Community Development (HCD) or its
delegatee will have the right to review, obtain, and copy all records pertaining to
performance of the contract. Grantee agrees to provide HCD or its delegatee with any
relevant information requested and shall permit HCD or its delegatee access to its
premises, upon reasonable notice, during normal business hours for the purpose of
interviewing employees and inspecting and copying such books, records, accounts, and
other material that may be relevant to a matter under investigation for the purpose of
determining compliance with PCC § 101.15 et seq., GC § 8546.7 and 2 CCR §1596.60 et
seq. Grantee further agrees to maintain such records for a period of three (3) years after
final payment under the contract.
Grantee shall comply with the caveats and be aware of the penalties for violations of fraud
and for obstruction of investigation as set forth in PCC § 101115,10.
C. An expenditure which is not authorized by this agreement or which cannot be adequately
documented shall be disallowed and must be reimbursed to the State or its designee by the
Grantee. expenditures for grant activities not described in Attachment C shall be deemed
authorized if the performance of such grant activity is approved in writing by the State
prior to the commencement of such grant activity.
City of Redlands
99-DRI-010
Page 8 of 9
d. Absent fraud or mistake on the part of the State, the determination by the State of the
allowability of any expenditures shall be final.
e. Pursuant to OMB Circular A-133, the Grantee shall perform an annual audit at the close of
each fiscal year in which this agreement is in effect. Audit costs for this agreement are a
general administration expense and are subject to the general administration expenditure
limits associated with this agreement. The costs of the DRI-related portion of the audit
may be charged to the program in accordance with PublicLaw 98-502, OMB Circular A-
133 and Section 7122 of Title 25 California Code of Regulations.
Notwithstanding the foregoing,the Department will not reimburse the Grantee for any
audit cost incurred after the expiration date of this agreement.
f. The audit shall be performed by a qualified State, local or independent auditor. The
contract for audit shall include a clause which permits access by the State to the
independent auditor's working papers.
g. If there are audit findings, the Grantee must submit a detailed response to the State for each
audit finding. The State will review the response and, if it agrees with the response, the
audit process ends and the State will notify the Grantee in writing. If the State is not in
agreement, the Grantee will be contacted in writing and told what corrective actions must
be taken. This action could include the repayment of disallowed costs or other
remediation.
h. The State shall not approve any expenditures for the audit prior to receiving an acceptable
audit report.
i. If so directed by the State upon termination of this agreement, the Grantee shall cause all
records, accounts, documentation and all other materials relevant to the grant activity to be
delivered to the State as depository.
22. State Coordinator
The coordinator of this agreement for the State is the Program Manager of the Community
Development Block Grant (CDBG) Program, Division of Community Affairs, or the Program
Manager's designee. Unless otherwise notified, the Grantee shall mail all reports and
communications required by this agreement by first class mail to the State Coordinator at the
address provided in paragraph 13.
23. Conflict of interest of members, officers, or employees of contractors members of local governin
body,or other public officials
No member, officer, or employee of the Grantee, or its designees or agents, no member of the
governing body of the locality in which the program is situated, and no other public official of
such locality or localities who exercise any functions or responsibilities with respect to the
City of Redlands
99-DRI-010
Page 9 of 9
program during his/her tenure or for one year thereafter, shall have any interest, direct or indirect,
in any contract or subcontract, or the proceeds thereof, for grant activities to be performed in
connection with the program assisted under this agreement. The Grantee shall incorporate, or
cause to be incorporated, in all such contracts or subcontracts a provision prohibiting such interest
pursuant to the purposes of this section.
24. Waivers
No waiver of any breach of this agreement shall be held to be a waiver of any prior or subsequent
breach. The failure of the State to enforce at any time the provisions of this agreement or to
require at any time performance by the Grantee of these provisions, shall in no way be construed
to be a waiver of such provisions nor to affect the validity of this agreement or the right of the
State to enforce these provisions.
25. Litigation
a. If any provision of this agreement, or an underlying obligation,is held invalid by a court of
competent jurisdiction, such invalidity, at the sole discretion of the Department, shall not
affect any other provisions of this agreement and the remainder of this agreement shall
remain in full force and effect. Therefore, the provisions of this agreement are, and shall
be, deemed severable.
b. The Grantee shall notify the Department immediately of any claim or action undertaken by
or against it which affects or may affect this agreement or the Department, and shall take
such action with respect to the claim or action as is consistent with the terms of this
agreement and the interests of the State.
26. Certified Resolution
This agreement and any amendments hereto shall be accompanied by a certified resolution from
the Grantee's governing body authorizing its execution.
27. Compliance with State and Federal Laws and Regulations
a. The Grantee agrees to comply with all State laws and regulations that pertain to
construction, health and safety, labor, fair employment practices, equal opportunity, and all
other matters applicable to the Grantee, its subgrantees, contractors or subcontractors, and
the grant activity, and any other State provisions as set forth on Attachment A.
b. The Grantee agrees to comply with all Federal laws and regulations applicable to the
CDBG Program. and to the grant activity, and with any other Federal provisions as set forth
on Attachment B, except as amended in attachment C, Paragraph 1.
City of Redlands
99-DRI-010
ATTACHMENT A
Compliance Requirements---State Laws and Regulations
Page 1 of 2
1. Drug-Free Workplace Certification
By signing this agreement, the Grantee hereby certifies under penalty of perjury under the laws of
the State of California that the Grantee will comply with the requirements of the Drug-Free
Workplace Act of 1990 (Government Code Section 8350 et seq.) and will provide a drug-free
workplace by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture, distribution,
dispensation, possession, or use of a controlled substance is prohibited and specifying
actions to be taken against employees for violations.
b. Establish a Drug-Free Awareness Program to inform employees about:
1) The dangers of drug abuse in the workplace;
2) The person's or organization's policy of maintaining a drug-free workplace;
3) Any available counseling, rehabilitation and employee assistance programs; and,
4) Penalties that may be imposed upon employees for drug abuse violations.
C. Every employee who works on the proposed contract will:
1) Receive a copy of the company's drug-free workplace policy statement; and
2) Agree to abide by the terms of the company's statement as a condition of
employment on this agreement.
d. Notifying the U.S. Department of Housing and Urban Development, in writing, within ten
calendar days after receiving notice under subparagraph d.ii, from an employee or
otherwise receiving actual notice of such conviction. Employers of convicted employees
must provide notice, including position title, to every grant officer or other designee on
whose grant activity the convicted employee was working, unless the Federal agency has
designated a central point for the receipt of such notices. Notice shall include the
identification number(s) of each affected grant;
e. 'Taking one of the following actions, within 30 calendar days of receiving notice under
subparagraph d.ii, with respect to any employee who is so convicted:
1) "faking appropriate personnel action against such an employee, up to and including
termination, consistent with the requirements of the Rehabilitation Act of 1973, as
amended, or
?) Requiring such employee to participate satisfactorily in a drug abuse assistance or
rehabilitation program approved for such purposes by a Federal, State, or local
health, law enforcement, or other appropriate agency;
City of Redlands
99-DRI-010
ATTACHMENT A
Compliance Requirements---State Laws and Regulations
Page 2 of 2
f. Making a good faith effort to continue to maintain a drug-free workplace through
implementation of paragraphs a, b, c, d, e, and f.
g. Space provided below the site(s) for the performance of work done in connection with
specific grant:
2. Nondiscrimination Clause
a. During the performance of this agreement, the Grantee and its subcontractors shall not
unlawfully discriminate, harass or allow harassment, against any employee or applicant for
employment because of sex, race, color, ancestry, religious creed,national origin, disability
(including HIV and AIDS), medical condition(cancer), age, marital status, denial of family
and medical care leave and denial of pregnancy disability leave. Grantee and
subcontractors shall insure that the evaluation and treatment of their employees and
applicants for employment are free from such discrimination and harassment. The Grantee
and subcontractors shall comply witli the provisions of the Fair Employment and Housing
Act(Government Code, Section 12900 et seq.) and the applicable regulations promulgated
thereunder(California Code of Regulations, Title 2, Section 7285.0 et seq.). The
applicable regulations of the Fair Employment and Housing Commission implementing
Government Code, Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of
the California Code of Regulations are incorporated into this agreement by reference and
made a part hereof as if set forth in full. Grantee and its subcontractors shall give written
notice of their obligations under this clause to labor organizations with which they have a
collective bargaining or other agreement.
b. Grantee shall include the nondiscrimination and compliance provisions of this clause in all
subcontracts to perform work under the agreement.
City of Redlands
99-DRI-010
ATTACHMENT B
Compliance Requirements--Federal Laws and Regulations
Page I of 8
1.
Anti-Lobbving Certification
The Grantee shall require that the language of this certification be included in all contracts or
subcontracts entered into in connection with this grant activity and that all subrecipients shall
certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making
or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who
fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and
no more than$100,000 for such failure.
"The undersigned certifies,to the best of his or her knowledge or belief, that:
a. No Federal appropriated funds have been paid or will be paid,by or on behalf of it, to any
person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any Federal contract, the making of any
Federal grant, the making of any Federal loan, the entering into of any cooperative
agreement, and the extension, continuation, renewal, amendment, or modification of any
Federal contract, grant, loan, or cooperative agreement;
b. If any funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with this Federal contract, grant, loan, or cooperative agreement, it
will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in
accordance with its instructions."
2. Bonus or Commission, Prohibition Against Payments of
The assistance provided under this agreement shall not be used in the payment of any bonus or
commission for the purpose of:
a. obtaining the State's approval of the application for such assistance, or
b. the State's approval of the applications for additional assistance, or
C. any other approval or concurrence of the State required under this agreement, Title I of the
Housing and Community Development Act of 1974, or the State regulations with respect
thereto;
Provided, however, that reasonable fees for bona fide technical, consultant, managerial or other
such services, other than actual solicitation, are not hereby prohibited if otherwise eligible as
program costs.
City of Redlands
99-DRI-010
ATTACHMENT B
Compliance Requirements---Federal Laws and Regulations
Page 2 of 8
3. Citizen Participation
The Grantee is subject to the requirements concerning citizen participation contained in Federal
regulations at 24 CFR 570.486, Local Government Requirements.
It will require that the following language be included in the award documents for all subawards at
all tiers(including subcontractors, subgrants, and contract under grants, loans, and cooperative
agreements)and that all subrecipients shall certify and disclose accordingly;
Citizen Participation. Except as waived, it will:
a. Furnish citizens or, as appropriate,units of general local government information, concerning
the amount of funds available for proposed HUD Disaster Recovery grant activities and the
range of activities that may be undertaken, including the estimated amount proposed to be
used for activities that will benefit persons of low and moderate income;
b. Publish a proposed Action Plan for Disaster Recovery in such manner to afford affected
citizens or, as appropriate, units of general local government an opportunity to examine its
content and to submit comments on the proposed statement and on the community
development performance of the grantee;
C. Provide citizens or, as appropriate, units of general local government with
reasonable notice of, and opportunity to comment on, any substantial change proposed to
be made in the use of funds received under this grant from one eligible activity to another
or in the method of distribution of such funds; and
d. Identify how the needs of non-English speaking residents will be met in the case of public
hearings where a significant number of non-English speaking residents can be reasonably
expected to participate.
4. Clean,Air and Fater Acts
This agreement is subject it) the requirements of the Clean Air Act, as amended, 42 USC 1857 et
seq..the Federal Fater Pollution Control Act, as amended, 33 USC 1251 et seq., and the
regulations of the Environmental Protection Agency with respect thereto, at 40 CFR Part 15, as
amended from time to time.
5. Conflict of Interest of Certain Federal Officials
No member of or delegate to the Congress of the United States. and no resident commissioner,
shall be admitted to any share or part of this agreement or to any benefit to arise from the same.
City of Redlands
99-DRI-010
ATTACHMENT B
Compliance Requirements—Federal Laws and Regulations
Page 3 of 8
§. Environmental Requirements
The Grantee shall comply with the provisions of the National Environmental Policy Act (NEPA)
by following the procedures contained in 24 CFR Part 58.
7. Equal Opportunity
a. The Civil Rights, Housing and Community Development, and Age Discrimination Acts
Assurances
During the performance of this agreement, the Grantee assures that no otherwise qualified
person shall be excluded from participation or employment, denied program benefits, or be
subjected to discrimination based on race, color, national origin, sex,age, handicap,
religion, familial status, or religious preference, under any grant activity funded by this
agreement, as required by Title VI of the Civil Rights Act of 1964,Title I of the Housing
and Community Development Act of 1974, as amended, the Age Discrimination Act of
1975, the Fair(lousing Amendment Act of 1988, and all implementing regulations.
b. The Fair Housing Act(42 U.S.C. 3§01-20)
Affirmatively further Fair Housing. It will affirmatively furthering fair housing as required
by 24 Code of Federal Regulations (CFR) part 570.487 (b)(2);
It will not attempt to recover any capital costs of public improvements assisted in whole or
in part with funds provided under the HUD Disaster Recovery Initiative by assessing any
amount against properties owned and occupied by persons of low and moderate income,
including any fee charged or assessment made as a condition of obtaining access to such
public improvements, unless:
• Funds received under the HUD Disaster Recovery Initiative are used to pay the
proportion of such fee or assessment that relates to the capital costs of such public
improvements that are financed from revenue sources other than under Title I of the
Housing and Community Development Act of 1974, as amended; or
• For purposes of assessing any amount against properties owned and occupied by
persons of moderate income, the grantee certifies to the Secretary that it lacks sufficient
funds received under the HUD Disaster Recovery Initiative to comply with the
requirements of subparagraph a above,
City of Redlands
99-DRI-010
ATTACHMENT B
Compliance Requirements---Federal Laws and Regulations
Page 4 of 8
C, Rehabilitation Act of 1973 and the "504 Coordinator"
The Grantee further agrees to implement the Rehabilitation Act of 1973, as amended, and
its regulations, 24 CFR Part 8, including, but not limited to, for Grantees with 15 or more
permanent full or part time employees, the local designation of a specific person charged
with local enforcement of this Act, as the "504 Coordinator."
d. The Training Employment and Contracting Opportunities for Business and Lower Income
Persons Assurance of Compliance
1) The grant activity to be performed under this agreement is on a project assisted
under a program providing direct Federal financial assistance from the Department
of Housing and Urban Development and is subject to the requirements of Section 3
of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C.
1701 u.
Section 3 sets forth numerical goals for meeting the greatest extent feasible
requirement, opportunities for training and employment be given lower income
residents of the project area and contracts for work in connection with the project
be awarded to business concerns which are located in, or owned in substantial part
by persons residing in the area of the project.
2) The parties to this agreement will comply with the provisions of said Section 3 and
the regulations issued pursuant thereto by the Secretary of Housing and Urban
Development set forth in 24 CFR Part 135, and all applicable rules and orders of
the Department issued thereunder prior to the execution of this agreement. The
parties to this agreement certify and agree that they are under no contractual or
other disability which would prevent them from complying with these
requirements.
3 The Grantee will include these Section 3 clauses'in every contract and subcontract
for work in connection with the grant activity and will,at the direction of the State,
take appropriate action pursuant to the contract or subcontract upon a finding that
the Grantee or any contractor or subcontractor is in violation of regulations issued
by the Secretary of Housing and Urban Development, 24 CFR Part 135 and, will
not let any contract unless the Grantee or contractor or subcontractor has first
provided it with a preliminary statement of ability to comply with the requirements
of these regulations.
.City of Redlands
99-DRI-010
ATTACHMENT B
Compliance Requirements—Federal Laws and Regulations
Page 5 of 8
4) Compliance with the provisions of Section 3, the regulations set forth in 24 CFR
Part 135, and all applicable rules and orders of the Department issued thereunder
prior to the execution of this agreement shall be a condition of the Federal financial
assistance provided to the grant activity, binding upon the Grantee, its successors,
and assigns. Failure to fulfill these requirements shall subject the Grantee, its
contractors and subcontractors, its successors, and assigns to those sanctions
specified by the agreement through which federal assistance is provided, and to
such sanctions as are specified by 24 CFR Part 135.
e. Americans with Disabilities Act(ADA) of 1990
By signing this agreement, the Grantee assures the State that it complies with the
Americans with Disabilities Act(ADA) of 1990, (42 U.S.C. 12101 et seq.), which
prohibits discrimination on the basis of disability, as well as all applicable regulations and
guidelines issued pursuant to the ADA
£ Assurance of Compliance with Requirements Placed on Construction Contracts of$10,000
or more
The Grantee hereby agrees to place in every contract and subcontract for construction
exceeding $10,000 the Notice of Requirement for Affirmative Action to ensure Equal
Employment Opportunity (Executive Order 11246), the Standard Equal Employment
Opportunity, Construction Contract Specifications. The Grantee furthermore agrees to
insert the appropriate Goals and Timetables issued by the U.S. Department of Labor in
such contracts and subcontracts.
City of Redlands
99-DRI-010
ATTACHMENT l3
Compliance Requirements—Federal Laws and Regulations
Page 6 of 8
8. Flood Disaster Protection
This agreement is subject to the requirements of the Flood Disaster Protection Act of 1973 (P.L.
93-234). No portion of the assistance provided under this agreement is approved for acquisition or
construction purposes as defined under Section 3(a) of said Act, for use in an area identified by the
Secretary as having special flood hazards which is located in a community not then in compliance
with the requirements for participation in the national flood insurance program pursuant to Section
201(d)of said Act.
The use of any assistance provided under this agreement for such acquisition or construction in
such identified areas in communities then participating in the national flood insurance program
shall be subject to the mandatory purchase of flood insurance requirements of Section 102(a) of
said Act.
Any contract or agreement for the sale, lease, or other transfer of land acquired, cleared or
improved with assistance provided under this agreement shall contain certain provisions. These
provisions will apply if such land is located in an area identified by the Secretary as having special
flood hazards and in which the sale of flood insurance has been made available under the National
Flood Insurance Act of 1968, as amended, 42 U.S.C. 4001 et seq.
These provisions shall obligate the transferee and its successors or assigns to obtain and maintain,
during the ownership of such land, such flood insurance as required with respect to financial
assistance for acquisition or construction purposes under Section 102(s)of the Flood Disaster
Protection Act of 1973. Such provisions shall be required notwithstanding the fact that the
construction on such land is not itself funded with assistance provided under this agreement.
9. Labor Standards--Federal Labor Standards Provisions
The Grantee shall cause or require to be inserted in full, in all such contracts subject to such
regulations, provisions meeting the requirements of.
Davis-flacon Act(40 USC 276a- 276a-5) requires that workers receive no less than the prevailing
wages being paid for similar work in their locality. Prevailing wages are computed by the
Department of Labor and are issued in the form of federal wage decisions for each classification of
work. The law applies to most construction, alteration, or repair contracts over$2,000.
Copeland "Anti-Kickback" Act �4 f USC 276(c) requires that workers be paid at least once a week
without any deductions or rebates except permissible deductions.
City of Redlands
99-DRI-010
ATTACHMENT B
Compliance Requirements—Federal Laws and Regulations
Page 7 of 8
Contract Work Hours and Safety Standards Act- CWHSSA (40 USC 327 - 333) requires that
workers receive "overtime" compensation at a rate of 1-1/2 times their regular hourly wage after
they have worked 40 hours in one week.
Title 29, Code of Federal Regulations, Subtitle A. Parts 1, 3 and 5 are the regulations and
procedures issued by the Secretary of Labor for the administration and enforcement of the Davis-
Bacon Act, as amended.
10. Lead-Based Paint Hazards
The construction or rehabilitation of residential structures with assistance provided under this
agreement is subject to the HUD Lead-Based Paint regulations, 24 CFR Part 35. Any grants or
loans made by the Grantee for the rehabilitation of residential structures with assistance provided
under this agreement shall be made subject to the provisions for the elimination of lead-based
paint hazards under subpart B of said regulations, and the Grantee shall be responsible for the
inspections and certifications required under Section 35.14(f) thereof.
11. NLRB Certification
The Grantee warrants by execution of this agreement and does swear under penalty of perjury that
no more than one final unappealable finding of contempt of court by a Federal Court has been
issued against the Grantee within the immediately preceding two-year period because of the
Grantee's failure to comply with an order of a Federal Court which orders the Grantee to comply
with an order of the National Labor Relations Board (Public Contract Code Section 10296).
12. Procurement
The Grantee shall comply with the procurement provisions in 24 CFR Part 85.36, Administrative
Requirements for Grants and Cooperative Agreements to State, Local and Federally Recognized
Indian Tribal Governments.
13. Program Income
"Program Income" means gross income earned by the Grantee from grant-funded activities and is
subject to CDBG regulatory requirements pursuant to 24 CFR 570.489 (e), Program
Administrative Requirements, Program Income.
These regulations include the requirement that the Grantee record receipt and expenditure of
program income as part of the financial transactions of the grant activity.
City of Redlands
99-DRI-010
ATTACHMENT B
Compliance Requirements—Federal Laws and Regulations
Page 8 of 8
Prior to closing out this agreement, the Department shall review the actual national objective
and/or public benefit achievements of the Grantee. In the event that the national objective and/or
public benefit requirements are not met, the Department may, in its sole discretion, impose any or
all of the following remedies: recapture of part or all of the program income; reimbursement of
part or all of the grant amount; and/or exclusion of the Grantee from fiirther CDBG funding for a
period of time to be determined by the State.
14. Relocation, Displacement, and Acquisition
The provisions of the Uniform Relocation Act, as amended, 49 CFR Part 24, and Section 104(d) of
the Housing and Community Development Act of 1974 shall be followed where any acquisition of
real property is carried out by the Grantee and assisted in whole or in part by funds allocated by
DRI.
In addition, where the rehabilitation of residential rental units results in increased rents for
members of the targeted income group, the Grantee shall also comply with the requirements of the
above-cited laws. Relocation expenses that may, by law, be paid are eligible expenses for use of
DRI funds.
15. Uniform Administrative Requirements
The grantee shall comply with applicable uniform administrative requirements as described in
24 CFR §570.502, including cited sections of 24 CFR part 85.
16. Excessive force. It will require units of general local government that receive Community
Development Block Grant funds to certify that they have adopted and are enforcing:
a. 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
b. 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 its jurisdiction;
17. Compliance with Applicable Laws. It will comply with other applicable laws.
City of Redlands
99-DRI-010
ATTACHMENT C
Grant Activity
Page 1 of 2
1. Reffardin Attachment B Attachment B to this agree nent "Com liance Requirements - Federal Laws
and Regulations"shall be modified as follows:
a. Labor Standards and National Flood Insurance Program. Pursuant to Section 1, Subsections M and
N of the 1998 HUD Disaster Recovery Initiative; Notices, published in the Federal Register on
October 22, 1998 [Docket No. FR-4398-N-01] several standard CDBG Program requirements are
modified, including, but not limited to labor standards, and National Flood Insurance Program;
b. CDBG entitlement funds as Match.. Pursuant to 1998 HUD Disaster Recovery Initiative;
Amendment,published in the Federal Register on September 3, 1999 [Docket No. FR-4398-N-04]
annual appropriations of CDBG funds may be used to meet the"25 percent in non-Federal public
matching funds"requirement under the 1998 DRI appropriation.
2. Description of Grant Activity/Grant Amount
The grant activity(ies) shall consist of, and the amounts for each activity are:
Flood control and drainage repair resulting from the winter storms of 1998.
$22,500.00 - General Administration
$977,500.00 - Public Works
The following limits apply to the expenditure of funds for general administration. The amount
shown above for general administration is the amount requested in the grantee's application,
unless that amount exceeded the DRI general administration cap of 18%of the grant request.
If the amount requested for general administration exceeded 18%, the Department reduced the
general administration request to meet that limitation and re-allocated the excess to program
implementation. Costs for the annual audit are a general administration expense and are subject
to the 18% limitation.
3. Operating Budget
Specifics of the operating budget shall be agreed upon by the State and the Grantee prior to the
drawdown of any funds.
4. Match Grantee must ensure that 25 percent of the total DRI award is expended on the DRI activities from
local government or State matching funds (also see Lb., above.)
Local Match Source
$250,000.00 Storm Drain Fund
City of Redlands
99-DRI-010
ATTACHMENT C
Grant Activity
Page 2 of 2
5. Expenditure of Funds
a. General Administration
Costs for general administration may not be incurred nor funds expended until execution
by the State of this agreement, unless the Grantee has received prior written approval from
the State.
b. Program Implementation and Activity Delivery
Costs for program implementation and activity delivery may not be incurred nor funds
expended until the Grantee has met the 90-day special conditions contained in Attachment
D, unless the Grantee has received prior written approval from the State.
C. Expenditure Deadline
The Grantee must expend all awarded DRI funds by the termination date of this agreement.
6. Monitoring Requirements
CDBG may perform a program and/or fiscal monitoring of the grant. The Grantee will be
required to resolve any monitoring findings to CDBG's satisfaction by the deadlines set by
the State.
7. Grant Closing Requirements
By 90 days after the termination date of this agreement, the Grantee must submit the following:
a. Certificate of Completion. If the Grantee has grant funds that were received but not.
expended, these funds must be accounted for and returned in a check made payable to the
Department.
b. Evidence, satisfactory to the State, of compliance with any other Special Conditions of this
agreement.
C. Audit report. The Grantee must submit a final audit report to the State Controller's {office
pursuant to the requirements of Federal Office of Management and Budget (OMB) Circular
A-133 (6/30/97).
City of Redlands
99-DRI-410
ATTACHMENT D
Special Conditions
Page 1 of 5
A. 90-DAY CONDITIONS - ALL ACTIVITIES
Within 90 days of this agreement's execution date, the Grantee must comply with the following special
conditions:
1. Environmental Compliance
The Grantee shall have satisfied all NEPA requirements. The level of compliance varies by the
activity that has been funded.
2. Residential Antidissplacement and Relocation Assistance Plan(the Plan)
If Federal relocation laws apply to the Grantee's DRI-funded activity,the Grantee must submit a
relocation plan.
3. Program Income Letter
If the grant activities will generate Program Income, the Grantee must submit a letter
acknowledging that all Program Income generated from this grant shall be remitted to the State.
The letter must include a discussion of how the Grantee will collect Program Income for CDBG-
eligible activities.
OR
If the grant activities will not generate Program Income the Grantee must submit a letter stating
that no Program Income will be earned as a result of the grant activities.
4. Site Control
Site control, if applicable must be obtained within 90 days of execution of this agreement. Failure
to obtain site control may result in termination of this agreement.
B. SPECIAL CONDITIONS -ALL ACTIVITIES, IF APPLICABLE
I. Easements and Rights-of-Way
When required for completion of the DRI project, the Grantee must obtain all easements and
rights-of-way within 12 months of execution of this agreement. Failure to obtain these may result
in termination of this agreement.
2. Plans and Specifications
When plans and specifications are part of the work involved in a DRI-funded project, the plans
and specifications shall be available upon request for inspections by the State Coordinator, or any
of its designees,or shall be submitted to the State upon written request by the State Coordinator.
City of Redlands
99-DRI-010
ATTACHMENT D
Special Conditions
Page 2of5
3. Reimbursement of DRI Funds/Duplication of Benefits
The Grantee may not use DRI funds for activities reimbursable or for which FEMA, SBA or the
U.S. Army Corps of Engineers makes funds available. Further restrictions apply to acquisition
(buyouts) of flood-damaged properties. See Section I.L2, of the 1998 HUD Disaster Recovery
Initiative; Notices, published in the Federal Register on October 22, 1998 [Docket No. FR-4398-
N-01]. The grantee shall reimburse to the State any DRI funds used for such activities.
C SPECIAL CONDITIONS - PUBLIC WORKS
If the work to be performed under this standard agreement involves Public Works the following special
conditions will apply:
1. Project Timeline Schedule
Within 90 days following execution of this agreement, the Grantee shall submit to the State for
review and approval a project timeline schedule. If the DRI project is part of a larger project, the
data and timeline for both the larger project and the DRI-funded project must be submitted. The
following list of key project events, if applicable, must be part of the schedule:
a) Completion of all surveys, studies, testing and designs;
b) Filing of the environmental Notice of Determination for the project or filing of the Notice of
Categorical Exemption;
c) Acquisition of site control sufficient to construct the project;
d) Approval of the plans and specifications with authorization to go out to bid by the legislative
body;
e) Execution of the construction contract;
f) Pre-construction meeting with the construction Contractor;
g) Construction period (Start-End);
h) Connection of TIG households to the system;
i) Final acceptance of work and filing the notice of completion; and
J) Project close-out.
City of Redlands
99-DRI-010
ATTACHMENT D
Special Conditions
Page 3 of 5
2. Water and sewer laterals or other utility service connections
DRI funds expended on private property improvements may only benefit TIG households. If
installation and/or replacement of water and/or sewer or other utility service connections occurs on
private property, DRI funds may be used to pay only the cost of improvements associated with
TIG households. The service lateral occurring on private property is the portion of the lateral
extending across the private property from the public right of way boundary to the TIG housing
unit. [24 CFR 570.202 (b)(6) & 570.483(b)(3)]
Water and sewer lateral connections constructed on private property as "housing rehabilitation"
[24 CFR 570.202 (b)(6)], must comply with the documentation requirements of the housing
rehabilitation activity. Water and sewer lateral connections constructed in the public right of way
and not designated as "housing rehabilitation" are not subject to these additional conditions.
3. Assessment Districts
DRI funds may be used to pay for improvements financed by special assessments as provided for
in 24 CFR 570.482 (b)Special assessments under the CDBG program. Special assessment means
the recovery of capital costs of an improvement through a fee or charge levied or filed as a lien
against a property as a direct result of a benefit derived from the improvement. It does not include
periodic charges based on the use of a public improvement, such as monthly water or sewer user
charges, even if such charges include the recovery of the capital costs of the improvement. [24
CFR 570.200 (c)(1), Definition ofspecial assessment]
If the project will include the formation and implementation of an assessment district, the Grantee
must submit within 90 days of execution of this agreement, an assessment district formation and
implementation timeline schedule which shows that the DRI funds will be expended and benefits
will accrue to the TIG beneficiaries before the end of this DRI contract. Key time events must
include, if applicable, the following items:
a) Filing of the environmental notice of determination for the project with the County Clerk.
b) Adoption of the Resolution of Intention to form the assessment district by the legislative
body.
c) Holding the protest hearing and recording the assessments and assessment diagram.
d) awarding the construction contract and sale of bonds.
e) Filing the construction contract notice of completion.
City of Redlands
99-DRI-410
ATTACHMENT D
Special Conditions
Page 4 of 5
4. User Fees
DRI funds may be used to pay reasonable user fees established by the legislative body as a one
time charge to gain access to a public improvement. This one time charge may not include real
estate, property or ad valorem taxes even if such taxes include the recovery of all or a portion of
the capital costs of the public improvement [24 CFR 570.200 (c) (1)]
5. Rate Structure
If the project includes,the construction of, or improvements to, an enterprise agency such as a
water, sewer, solid waste, natural gas or electric power utility, the Grantee shall provide an
assurance that the Grantee will provide for future maintenance and capital replacement of the
benefiting enterprise agency. The Grantee must submit documentation to DRI of the following,
within 94 days of the execution of this agreement:
a) A copy of the previous years revenue and expenditure budget showing all revenues and
expenditures of the enterprise agency involved. Revenues should include all monthly user
charges,hookup fees, connection fees, extension fees, plant expansion fees, land
development fees and any other fees or charges related to operation, maintenance, capital
improvement or development of the enterprise agency involved. Expenditures should
include all operating expenses including: labor, materials, equipment, testing, administration,
licensing and other costs to operate the system. The budget should include a revenue and
expenditure plan for capital replacements and for future growth or expansion. The plan
should include the payment of any existing or future capital finance obligations such as
revenue bonds or certificates of participation.
b) A draft copy of projected revenues and expenditures for the following three years. The draft
of future revenues and expenditures must include all the features listed in "a." above
c) A certified copy of the present resolutions and or ordinances which establish the existing
monthly user charges, hookup fees, connection fees, extension fees,plant expansion fees.
land development fees and any other fees or charges related to the revenues which finance
the enterprise agency.
d) A listing of the number of each of the various types of monthly users for each separate type
of user fee listed in the resolution described in "c." above.
e) A written plan, approved by the legislative body. for increases in monthly user charges and
fees necessary to meet the projected increases in costs, if any, which develop during the
three-year period.
City of Redlands
99-DRI-010
ATTACHMENT D
Special Conditions
Page 5 of 5
6. Site Control
Documentation of site control by recordation of fee title or easement for all sites required for
project completion must be submitted to DRI prior to going out to bid on the project.
7. Payment for Targeted Income Households
In order to comply with the provisions of the Housing and Urban Development, Rural Economic
Recovery Act of 1983 (HR), the Grantee shall not attempt to recover any capital costs of the public
improvement assisted by DRI funds by assessing any amount against properties owned and
occupied by targeted income group families, unless:
a) DRI funds are used to pay the assessment for the targeted income group families; or
b) The DRI funds are used to pay the assessment for the lowest targeted income group families
(50 percent of county median income or below) and the Grantee certifies to the State that it
lacks sufficient DRI funds to pay the assessment of all targeted income group families
(above 50 percent of median, up to 80 percent of median).
RESOLUTION NO. 5753
A RESOLUTION RESCINDING RESOLUTION NO. 5666 AND REPLACING THE
DESIGNATION OF THE CITY OF REDLANDS' AGENT TO APPROVE CONTRACT
EXECUTION FOR FUNDING FROM THE GENERAL/NATIVE AMERICAN ALLOCATION
OF THE STATE COMMUNITY DEVELOPMENT BLOCK GRANT(CDBG)PROGRAM AND
AUTHORIZING THE EXECUTION OF A GRANT AGREEMENT AND ANY AMENDMENTS
THERETO WITH THE STATE OF CALIFORNIA FOR THE PURPOSES OF THIS GRANT
WHEREAS, the City has applied for and been awarded funds related to the Disaster
Recovery Initiative and the appropriate public hearing has been duly noticed and held and comments
received;
WHEREAS, the Department of Housing and Community Development, Division of
Community Affairs requires that the City of Redlands authorize a designated official to sign the
Grant Agreement and any subsequent amendments;
WHEREAS,there exists a change in the designation of the authorized agent to approve and
execute contracts on behalf of the City of Redlands;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Redlands as
follows:
I The City Council has reviewed and approved the State of California, Standard
Agreement, for the construction of storm drain rehabilitation within the Mission
Zanja, in the amount of One million dollars.
2. The grant has been awarded and the City has agreed to provide local leverage for the
storm drain rehabilitation as follows:
a. Stafftime,including but not limited to,administrative services above the federal
share as necessary, such as engineering services, soil and material testing;
b. Permit fee services;
Bdjm�Resoes.5753.wpd
c. Local Storm Drain Capital Improvement funds;
3. The Public Works Director is hereby authorized to act on the City's behalf in all
matters pertaining to this application; and
4. The Mayor is hereby authorized to enter into and sign the Grant Agreement and any
amendments thereto with the State of California for the purposes of this grant.
ADOPTED, SIGNED AND APPROVED this 18th day of April, 2000.
Mayor of the City of Redlands
Attest:
Cit Clerk
1,Lorrie Poyzer,City Clerk of the City of Redlands,hereby certify that the foregoing resolution was
adopted by the City Council at a regular meeting thereof.held on the 18th day of April,2000 by the
following vote:
AYES: Councilmembers George, Peppler, Haws; Mayor Gilbreath
NOES: None
ABSENT: Councilmember Freedman
ABSTAIN: None
City C11�
FAdjm xcsokzes.s7s3.Wpd