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HomeMy WebLinkAboutState of California Department of Housing and Community Development 1999-10-14 SPATE OF CALIF RNI -BUSINES5, RA ATI D HOUSING AGENCDAVIS- v m r DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT DIVISION OF COMMUNITY AFFAIRS ,5,"� 1800 Third Street,Suite 390 P.O Box 952054 a �� Sacramento,CA 94252-2054 WX a (916)445-6000 p o FAX(916)323-6016 January 6, 2000 Candace Horsley, City Manager City of Ukiah 300 Seminary Avenue Ukiah, California 95482 Dear Ms. Horsley: Re: City of Ukiah, CDBG PITA#99-EDBG-658 Executed Copy of Grant Agreement Enclosed is your copy of a fully-executed Standard Agreement for the above-referenced grant. Special conditions, if any, are contained in Attached C. note: The Standard Agreement contains new text related to the procurement of contractors. Please see attachment C, page 2 of 3, paragraph 7.d. Reporting requirements. Please consult your 1999 CDBG Grant Management Manual for information about periodic and annual reporting requirements. If you have any questions, please call me at(916) 323-9714. Best wishes for a successful project. incerely, Jack Mahan CDBG Representative Enclosure cc: CDBG Fiscal File STATE OF CALIFORNIA STANDARD AGREEMENT- APPROVED BY THE CONTRACT NUMBER AM.No. ATTORNEY GENERAL 99-EDBG-658 STD.2(REV.5.91) TAXPAYERS FEDERAL EMPLOYER IDENTIFICATION HUMSEt- THIS AGREEMENT,made and entered into this— 14's day of QctoheT , 19-92, 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 _ Dir rtnr Department of Housing and Comm=ity Development hereafter called the State,and CONTRACTOR'S NAME Cit V of I Ikiah ,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 tinder the State's administration of the Housing and Community Development Block Grant(hereinafter,"CDBG"or"the Program")Program for Non-entitlement jurisdictions pursuant to the provisions of 42 U.S.C.5301 et seq.,24 CFR Part 570,Subpart I,and 25 California Code of Regulations,Sections 7050 et seq. 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 ternunate on December 31,2001. Funding year and tune of grant: This is a grant from funding year 1999/2000 and is a planning and Technical Assistance grant under the-Economic Development Allocation. Grant Amount: The amount to be paid as a grant to the Grantee under this agreement shall not exceed$35,000.00. Grant Activity: The Grantee agrees to perform the grant activity(ies)as summarized below and on Attachment C attached hereto, and as more fully described in the approved Application: $ 1,750.00 - (21A)General Administration $22,500:00 - (20)Revolving Loan Fund Feasibility Study $10,750.00 - (20)Airport Business Park -ONTINUED ON 16 SHEETS,EACH BEARING NAME OF CONTRACTOR AND CONTRACT NUMBER. The provisions on the reverse side hereof constitute a part of this agreement. N WITNESS WHEREOF,this agregment has been executed by the parties hereto,upon the date first above written. STATE OF CALIFO NIA CONTRACTOR AGENCY CONTRACTOR itt other Man an MdNldua4 data whether a c pomion,padnershp,eta) Departm f Housing&Communi evelopment City of Ukiah BY(AUTHO TURE) BY(AUT ":ED SIG IRINTED N If OF PERsdR SIGNING PR:NTED NAME AND TITLE OF PERSON SIGNING Dennis Montgomery Candace Horsley,City Manager TITLE ADDRESS Manager,Business Management Branch 300 Seminary Avenue,Ukiah,California 95482 WOUNT ENCUMBERED BY THIS PROGRAMICATEGORY(CODE AND TITLE) FUND TaTLE Department of General Services )OCUMENT 20 FI'F Use Only $ 35,000.00 (OPTIONAL USE) 'RIOR AMOUNT ENCUMBERED FOR Federal Funds-CDBG FCN 14,228 Exempt from Department Of 'HIS CONTRACT General Services approval ITEM CHAPTER STATUTE I FISCAL YEAR 2240-101-0890 50 1999 1999/2000 'OTAL AMOUNT ENCUMBERED TO �� )ATE OBJECT OF EXPENDITURE(CODE AND TITLE) 1999 $ 35,000.00 2207/46006;$35,000.00 Grant-Governmental 661702 7 7 I hereby certify upon my own personal knowledge that budgeted funds T.B.A.NO. B.R.NO. are available for the period and purpose of the expenditure stated above. 'IGNATURE OF ACCOUNTING OFFICER DATE Lw-d6�� - -- 1:1 CONTRACTOR El STATE AGENCY OEPT.OF GEN.SER_ CONTROLLER 'A+-E OF CALWO'1 CA ' STANDARD AGREEMENT City of Ukiah 99-EDBG-658 Page 2 of 9 1. The(:un tractcrr agrees to indemnify,defend and save harmless the State,its officers,agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, materialmen,laborers and any other person,firm or corporation furnishing;or supplying work services, materials or supplies in connection with the performanceof this contract,and from any and all claims and losses accruing or resulting to any person,firm or corporation who may be injured or damaged by the :? Contractor in the performance of this contract. 2.. The Contractor,and the agents and employees of Contractor,in the performance of the agreement,shall act in an independent capacity and not as Officers or employees or agents of State of California. 3.The State may terminate this agreement and be relieved of the payment ofanyconsiderr'litiodtoContractoN. should Contractor fail to perform the covenants herein contained at the time and in the manner herewlji.ytr;' provided. In the event.of such termination,the State tray proceed with,the wo.rk•,i4ttany otantter dttiqVif , proper by the State. The cost to the State shall be:deducted from any sum due the'Cpgtracfor under 4 +,.;y ,,., agreement,and the balance,if any,shall be'paid,the Contractor upon demand.: +t 4. Without the written consent of the State,this•ag`reentent is not assignable by ConteAc1,3r'eith&itfwh or in part. }::s,l=rrF .;•�', .. ,.. ,:, �:: 5. Time is of the essence in this agreement. 6. No alteration or variation of tl;e terms of this contract shall be valid unless trade hi wirtting and signed by the parties hereto,and no oral understanding or agreement not incorpofpted hero A shall-be biti ipg Qn f;, any of the parties hereto. 7. The consideration to be paid Contractor, as provided herein,, shall-be in compensation for all of ln;it v,l` Contractor's expenses incurred in the performance hereof, including,travel pnd per diem, unless t„n:• =:= otherwise expressly so provided. r; J,�;.;,.'�: ..w, Y. r ti y� •y"ti fir`. r: 4YlA#-#.!h',ill-� .'`�:'F!`r'�.�*'I'�F:�+y'�=•'"!+'° ' . 90 92476 City of Ukiah 99-EDBG-658 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. Commencement and Completion of Grant Activity a. The Grantee agrees not to commence the grant activity(ies)described on page 1 of this agreement or to incur any costs to be paid with CDBG funds prior to the effective date of this agreement and compliance with any applicable conditions set forth in Attachment C. b. 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 1 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 for the federal fiscal year 1999 for the purposes of this program. 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 Ukiah 99-EDBG-658 Page 4 of 9 11. 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 formal 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 7050 through and including Section 7126 of Title 25 of the California Code of Regulations. 12. Cash Match/Proeram Income The Grantee shall provide cash match 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.O. 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 Reimbursgments 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. b. Final_Payment Requests 1) For grantees on the advance payment 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. 3) Fgr all reauests,for any grant funds.that hate not be off, reviou5ly 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. City of Ukiah 99-EDBG-658 Page 5 of 9 14. Mg t•ng National Objectives All grant activities performed under this agreement must meet a national objective of the CDBG Program. The national objective for this grant activity is: Benefit to Members of_Targeted Income,C=up Households The planning and technical assistance activity must be directed towards the planning of a project, which, if brought to completion,would create or retain jobs or provide goods, services, or assistance that principally benefit low and moderate income persons (members of the Targeted Income Group)pursuant to federal regulation described at 24 CFR 570.483 (b). Households whose incomes are in the Lowest Targeted Income Group may not be excluded from participation in any CDBG-funded activity. 15. Special Conditions The Grantee agrees to comply with the special conditions, if any, contained in Attachment C. 16. Inspertions 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 effect 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. 18. 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. City of Ukiah 99-EDBG-658 Page 6 of 9 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, Iabor 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 all other materials relevant to the agreement for the purpose of monitoring, auditing, or otherwise examining said materials. 19. Obligations of Grantee with Respect to Certain Third Pa ty.Relationshim 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. Sigm 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 CDBG Program. City of Ukiah 99-EDBG-658 Page 7 of 9 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. b. 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 § 10115 et seq., GC § 8546.7 and 2 CCR §1896.60 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 § 10115.10. 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 shaIl 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. 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 CDBG-related portion of the audit may be charged to the program in accordance with Public Law 98-502, OMB Circular A- 128 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. City of Ukiah 99-EDBG-658 Page 8 of 9 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 Co,gWinator 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, OM�ers. or Employees of Contractors,.Members of Local Governing Body, or other Public,Q cials 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 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. City of Ukiah 99-EDBG-658 Page 9 of 9 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 Resglution This agreement and any amendments hereto shall be accompanied by a certified resolution from the Grantee's governing body authorizing its execution. 27. Compliance vyith State and Federal Laws and Reg ult_atiQns 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. 28. Amendments This Agreement may be amended in writing upon the mutual written agreement of both parties hereto; however, such amendment shall not take effect until approval by the State. City of Ukiah 99-EDBG-658 ATTACHMENT A Compliance Requirements—State Laws and Regulations Page 1 of 2 1. By signing this contract, the contractor or grantee hereby certifies under penalty of perjury under the laws of the State of California that the contractor or 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 terns of the company's statement as a condition of employment on the contract. 2. Nondiscrimination Clause a. During the performance of this agreement, the Grantee and its contractors and 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,physical disability(including HIV and AIDS), medical condition (cancer), age, marital status, denial of family and medical care leave and denial of pregnancy disability leave. The Grantee and its contractors and subcontractors shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. City of Ukiah 99-EDBG-658 ATTACHMENT A' Compliance Requirements—State Laws and Regulations Page 2 of 2 The Grantee and its contractors and subcontractors shall comply with 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. The Grantee and its contractors and subcontractors shall give written notice of their obligations under this clause to tabor organizations with which they have a collective bargaining or other agreement. b. The Grantee and its contractors and subcontractors shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform grant activities under this agreement. City of Ukiah 99-EDBG-658 ATTACHMENT B Compliance Requirements—Federal Laws and Regulations Pagel of 4 1. Anti-Lobbying Certificatign 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 Ukiah 99-EDBG-658 ATTACHMENT B Compliance Requirements—Federal Laws and Regulations Page 2 of 4 3. Citizen P&dicil2ation The Grantee is subject to the requirements concerning citizen participation contained in Federal regulations at 24 CFR 570.486, Local Government Requirements. 4. Clean Air and Water Act5 This agreement is subject to the requirements of the Clean Air Act, as amended, 42 USC 1857 et seq., the Federal Water 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 Cect in 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. 6. Environmental B&gUirements 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. Opportunity a. The Civil Rights. Housing-and Community]��y, �pment. and Age Disgrimination Acts &surances 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 Housing Amendment Act of 1988, and all implementing regulations. b. RehabilitatiQu 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." City of Ukiah 99-EDBG-658 ATTACHMENT B Compliance Requirements--Federal Laws and Regulations Page 3 of 4 C. Americans with 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 d. 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 fin-thermore agrees to insert the appropriate Goals and Timetables issued by the U.S. Department of Labor in such contracts and subcontracts. 8. 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). 9. 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. 10. Progm 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. Pursuant to 24 CFR part 85 Uniform Administrative Requirements For Grants and Cooperative Agreements to state and local governments, costs incident to the generation of program income may be deducted from gross income to determine program income. City of Ukiah 99-EDBG-658 ATTACHMENT B Compliance Requirements—Federal Laws and Regulations Page 4 of 4 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. 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 further CDBG funding for a period of time to be determined by the State. 11• Uniform Administrative Rguirements The grantee shall comply with applicable uniform administrative requirements as described in 24 CFR §570.502, including cited sections of 24 CFR Part 85. City of Ukiah 99-EDBG-658 ATTACHMENT C Grant Activity Page 1 of 3 1, Description of Grant Activity want mount The grant activity(ies) shall consist of, and the amounts for each activity are: Feasibility Study for a Revolving Loan Fund and Airport Business Plan. $ 1,750.00 - (21A) General Administration $22,500.00 - (20) Revolving Loan Fund Feasibility Study $10,750.00 - (20)Airport Business Park 2. Qperating BwjW Specifics of the operating budget shall be agreed upon by the State and the Grantee prior to the drawdown of any funds. 3. Incom a. The Grantee shall provide cash match in the amount of. $8,750.00. b. The Grantee must spend all of its cash match before spending any CDBG grant funds. In the event the Grantee does not expend all of the CDBG funds, the Grantee will not receive a prorata reimbursement of its expended cash match. 4. Expenditure of Funds a. 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. The Grantee may spend no more than 5%of the CDBG grant amount for general administration. Costs for the annual audit are part of general administration. b. CDBG will retain ten percent of the award amount until the Grantee has submitted and CDBG has approved the Final Product(s) of the grant. 5. Periodic Reporting Requirements During the term of the agreement, the Grantee must submit the following reports by the deadlines noted or as otherwise required at the discretion of the State. The Grantee's performance under this agreement will be based in part on whether it has submitted the reports on a timely basis. a. Program Activity Report. Submit 30 days after March 31 and September 30 of each year during the term of the contract. City of Ukiah 99-EDBG-658 ATTACHMENT C Grant Activity Page 2 of 3 b Any other reports that may be required as a Special Condition of this contract. 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, Submittal of Einal Product and Release The Grantee must submit the Final Product(s) of a Planning and Technical Assistance Grant to the State for review and approval by the expiration date of this agreement. The Final Product(s) must contain an acknowledgment of CDBG funding on the cover of the document. The State will not release the final 10%of the grant award nor close the grant until the following conditions are met: a. The Grantee must submit and the State must review and approve the Final Product(s) for this grant as described below. The Final Product(s) must meet the scope of work as contained in the original application or any amendments thereto that have been approved by the State. b. This grant will not be closed by the Department prior to the submission of: 1) Report describing the feasibility for a Revolving Loan Fund and Airport Business Park Infrastructure Study. C. If the planning activity(ies) funded by this grant require follow-up implementation actions, the Grantee must submit information with the Final Product(s) that: I) Identifies the persons or entity responsible for implementation 2) Specifies the roles and responsibilities needed for implementation 3) Documents the capacity to implement the follow-up activities (i.e., show there is both staff and funding available for implementation) 4) Documents the Grantee's commitment to assist with implementation(e.g., a resolution from the Grantee's governing body or letter from the chief executive/administrative officer). d. Documentation of Procurement. If the grantee contracted out all or part of the work performed under this agreement, the grantee must submit to the State for review and approval by the expiration date of this agreement, the following documentation: City of Ukiah 99-EDBG-658 ATTACHMENT C Grant Activity Page 3 of 3 1) A copy of the document used to notify prospective contractors, such as a request for proposal, request for qualifications (engineering and architectural services only), scope of work, or similar document. 2) A listing of all bid respondents, showing respondents' contact information, and the dollar amount of each proposal. 3) A brief description of the process used to select the contractor, including the rationale for selecting the contractor(s)hired to do the work. 8. By 90 days after the termination date of this agreement, the Grantee must submit the following: a. Certificate of Completion b. Program Activity Report(final) C. Cash Request, if any, for final reimbursement d. Unexpended Funds. Any unexpended funds must be accounted for and returned payable to the Department. e. Audit report. The Grantee must submit a final audit report to the State Controller's Office pursuant to the requirements of the Federal Office of Management and Budget (OMB) Circular A-133 (6130/97). f. Evidence, satisfactory to the State, of compliance with any other Special Conditions of this agreement. 9. S=ial Conditions a. Costs for preparing an application for funding under the State CDBG Program's Over-the- Counter or Enterprise Fund component are restricted to a total of$7,500 per application. Costs projected to exceed this limit must be approved by the State CDBG program prior to any work commencing on the application. A detailed explanation, along with detailed cost estimates, must be submitted to the State CDBG Program along with any request to exceed the limit.