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HomeMy WebLinkAbout2003-343 "', ., 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I' RESOLUTION NO. 2003-343 A RESOLUTION OF THE MA VOR AND COUNCIL AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT TO RECEIVE GRANT FUNDING THROUGH THE STATE OF CALIFORNIA CODE ENFORCEMENT GRANT PROGRAM, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAt'" BERr~ARDINO AS FOLLOWS: SECTION 1. The City of San Bernardino (hereafter referred to as "City") is a public entity estabiished under the laws of California and empowered to enter into an agreement to receive State funds to promote code enforcement efforts. SECTiON 2. The California Department of Housing and Community Development (herein referred to as "State") is authorized to make grants to assist code enforcement efforts. SECTION 3. The City has applied for and been approved for a grant under the Code Compliance Grant Program. SECTiON 4. That the Mayor or her designee is authorized to execute, an agreement, with the State accepting funding from the Code Enforcement Grant Program, a copy of which is attached hereto and incorporated herein by this reference. SECTiON 5. The authorization to execute the above referenced agreement is rescinded if not executed within ninety (90) days of the passage of this resolution. III 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2003-343 A RESOLUTION OF THE MAYOR AND COUNCIL AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT TO RECEIVE GRANT FUNDING THROUGH THE STATE OF CALIFORNIA CODE ENFORCEMENT GRANT PROGRAM. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council ofthe City of San Bernardino at a j t. reg .meeting thereof, held on the 15th day of December, 2003, by the following vote, to wit: Council Members AYES NAYS ABSTAIN ABSENT ESTRADA X LONGVILLE X MCGINNIS X DERRY X - - SUAREZ X Ai'\;T>ERSON X - - MCCAMMACK X Y~~uL __fJ ~'A_-f~. Rache G. Clark, City Clerk The foregoing resolution is hereby appr ved this jf',n,dayof Dec, ,2003. Approved as to form and legal content: ~' James F. Penman City Attorney I~ STATE OF CALIFORNIA STANDARD AGREEMENT STO 2131Rev 06/03) 2003-343 AGREEMENT NUMBER 02-CEGP-20 REGISTRATION NUMBER 1, This Agreement is entered into between the State Agency and the Contractor named below: STATE AGENCY'S NAME DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT CONTRACTOR'S NAME City of San Bernardino 2. The term of this Upon HCD Approva' Agreement is: 3, The maximum amount of this Agreement is: $179,998,00 4 The parties agree to comply with the terms and conditions of the following exhibits which are by this reference made a part of the Agreement. through 36 Months from Approval Dat. Exhibit A - Authority, Purpose and Scope of Work 2 pagels) General Terms and Conditions Exhibit B - Program General Terms and Conditions 7 pagels) Exhibit B.1 - Department of General Services General Terms & Conditions 5 page(s) Exhibit C - CEGP Special Conditions and Capital Expenditure Details 1 page(s) (Application Incorporated by relerence) Exhibit D - Budget Detail and Payment Provisions 2 page(s) TOTAL NUMBER OF PAGES ATTACHED: 17 pages IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto. CONTRACTOR California Department of General Services Use Only CONTRACTOR'S NAME (if other than an individual, state whether a corporation, partnership, etc.) City of S Bernardino DATE SIGNED(Do not type> //J -/5 (>3 STATE OF CALIFORNIA AGENCY NAME Department of Housing and Community Development BY (Authorized Signature) DATE SlGNED(Do nm (\pt') PRINTED NAME AND TITLE OF PERSON SIGNING Rick Beard, Manager, Budgets and Contracts Branch ADDRESS 1800 Third Street, Room 350. Sacramento, CA 95814 t8J Exempl from: Department of General Services Appro.a' 2003-343 City of San Bernardlno 02-CEGP-20 Page 101'2 EXHIBIT A AUTHORITY. PURPOSE AND SCOPE OF WORK 1. Authoritv: Assembly Bill 2867 (Chapter 82, Statutes of 2000) as subsequently amended, established HCD's initial Community Code Enforcement Pilot Program and the Code Enforcement Incentive Program in Chapter 8, commencing with section 17998.2 of the HSC. These demonstration programs fund increased code enforcement staff and resonrces to improve and preserve existing housing through maintenance and community-oriented code enforcement efforts. The Code Enforcement Grant Program (CEGP) which is subject to this agreement, was funded by Senate Bill 1227 (Chapter 26, Statutes of 2002) under HSC section 53533(a)(6) and approved as part of Proposition 46 (2002). This CEGP will continue to capitalize and bnild on interdisciplinary, community-oriented code enforcement and preservation concepts, but will provide grant funding only for capital expenditures that supplement or complement local code enforcement and compliance activities. 2, Purpose: In accordance with the authority cited above, the Contractor has applied to the State for financial assistance in the form of a grant from the Program (the "Grant"). The State has agreed to make the Grant, as a fmancial incentive, for capital expenditures that supplement or complement local code enforcement and compliance activities by the Contractor pursuant to the tenns of the Notice of Funding (NOFA). Based on the representations made in the Contractor's application, the State shall provide a gram in the amount shown on the face sheet for the purpose of paying for the capital improvements identified in Exhibit C. The State and the Contractor have agreed to enter into tltis Agreement in accordance with the tenns and conditions herein, subject to all the provisions of the applicable statutes, the NOF A and further subject to the State laws and requirements governing State contracts. 3, Scope of Work: Contractor shall take such actions, pay such expenses and do all things necessary to complete the CEGP capital expenditures described in Exhibit C and within the terms and conditions of tltis agreement. Contractor shall ensure compliance with prevailing wage requirements in all work of construction or rehabilitation funded in whole, in part, or as a result of the comntitmem of tltis grant. Contractor shall provide the State with a detailed summary of all CEGP capital expenditure costs in accordance with the application, the request for Grant approval. any attachments of the Grant approval and CEGP requirements. 2003-343 City of San Bernardino 02-CEGP-20 Page 2 of 2 EXHIBIT A 4, State Contract Manaeer TIle Contract Manager of this Agreement for the State is the Contract Manager for the Code Enforcement Grant Program, Division of Codes and Standards. Any notice, report, or other communication required by this Agreement shall be mailed by first class mail to the Contract Manager at the following address: Department of Housing and Community Development Division of Codes and Standards Code Enforcement Grant Program 1800 Third Street, Suite 260 P. O. Box 1407 Sacramento, CA 95812-1407 Attention: CEGP Contract Manager Phone: (916) 445-9471 2003-343 City of San Bernardino 02-CEGP-20 Page I of 7 EXHIBIT B PROGRAM GENERAL TERMS AND CONDITIONS 1. Commitment of State Funds A. The State hereby agrees to provide grant funds to the Contractor in an amount and subject to the tenus set forth in the Exhibit C exclusively for the purposes designated herein. Contractor shall provide any additional documents the State may deem necessary. The disbursement of grant funds hereunder is expressly conditioned upon the special conditions set forth in Exhibit D and made a part hereof, and shall be met to the satisfaction of the State plior to grant closing unless a different time is noted. B. TIns Agreement is of no force or effect until signed by both parties and approved by the Department of Housing and Community Development. Contractor may not commence performance lUHil such approval has been obtained. C. In the event that a state or federal governmental entity which has the authority to do so determines that the applicable statutes, regulations, or any use of grant funds contemplated by this Agreement, is unlawful or contrary to any applicable provision of federal or state law, this Agreement shall be deemed modified to eliminate such unlawful use or application andlor to add necessary restlictions or requirements. In the event of such determination, the State shall notify the Contractor, in writing, of the specific modification to tlns Agreement which is required by such detennination. Contractor shall have fifteen calendar days after receipt of such notice to tenninate this Agreement and retUI1l any and all funds advanced, including interest earned on such funds. If Contractor fails to so act within the fifteen-day period, the modification shall become part of tlns Agreement effective on the date of receipt of notice and binding on the parties hereto. 2, Contractor's Application for Funds A. Contractor has submitted to the State an application for funding under the CEGP. The State is entering into tIns Agreement on the basis of, and in substantial reliance upon, Contractor's facts, information, assertions and representations contained in that application, and in any subsequent modifications or additions thereto approved by the State, The application and any approved modifications and additions thereto are hereby incorporated into tlns Agreement. B, Contractor warrants that all information, facts, assertions and representations contained in the application and approved modifications and additions thereto are Hue, correct and complete to the best of Contractor's know ledge. In the event that any part of the application and any approved modification and addition thereto is untrue, incon'ect, incomplete or misleading in such a mUlUler that would substUlHially affect the State's approval, disbursement, or monitoring of the grant and the CEGP capital expenditures or 2003-343 City of San Bernardino 02.CEGP-20 Page 2 of 7 EXHIBIT B incomplete or misleading in such a manner that would substantially affect the State's approval, disbursement, or monitoring of the grant and the CEGP capital expenditures or activities governed by this Agreement, then the State may declare a breach hereof and take such action or pursue such remedies as are provided for breach hereof. C. If applicable, the tenns and conditions of financial assistance from funding sources other than the State for CEGP projects shall be submitted to the State prior to grant closing and shall be subject to State approval. In the event that Contractor breaches such tenns and conditions, the State may declare a breach of tlus Agreement and take such action or pursue such remedies as are provided for breach hereof. D. The financing structure and all other aspects of the CEGP capital expenditure(s) or project(s) shall remain as set forth in the application submitted to the State or changes thereto as approved in writing by the State. All aspects of the CEGP capital expenditure(s) or project(s) shall be subject to this Agreement, which shall supersede the application to the extent that there is a conflict between the application and these other documents. E. Compensation: The consideration to be paid Contractor, as provided herein, shall be in compensation for all of Contractor's expenses incurred in the performance hereof, including travel, per diem, and taxes, unless otherwise expressly so provided. ], Fiscal Administration A. The Contractor agrees to establish on its books a CEGP grant account and maintain fiscal control and accounting procedures which assure that grant funds available for the conduct of the CEGP capital expenditure(s) or project(s) covered by the grant are properly disbursed, adequately controlled and accounted for in the CEGP account. The Contractor is responsible for keeping records which fully disclose the amount and disposition of the proceeds of the grant, the total cost of the CEGP capital expenditure(s) or project(s) for wluch the grant is awarded. The procedure developed by the Contractor must provide for the accurate and timely recordation of the receipt of funds, expenditures, and unexpended obligations on balances. Adequate documentation of each transaction shall be maintained to pennit the detennination, tlu'ough an audit if requested by the State, of the accuracy of the records and the allowability of expenditures charged to grant funds. If the allowability of an expenditure cannot be detemuned because records or documentation are inadequate, the expenditure shall be disallowed and the Contractor shall reimburse the State for the amount disallowed. The State's detennination of the allow ability of any expense shall be final, absent fraud, nustake, or arbitrariness. B, A separate checking account for the CEGP grant funds is not required. However, the Contractor may deposit CEGP tilllds in an interest bearing checking or savings account, 2003-343 City of San BernarJino 02-CEGP-20 Page 3 of 7 EXHIBIT B or the State may reljuire Contractor to deposit all CEGP funds into a segregated account in an institution whose deposits are insured by the federal or state government. All interest eamed from the deposit of CEGP funds shall be used for program purposes and accounted for to the State. C. Any unexpended funds remaining at the end of the contract period or termination date must be retumed to the State. Checks may be made out to the Department of Housi,ng and Community Development and shall be mailed within thirty (30) days of the contract tennination or expiration date. 4, Audit/Retention and Inspection of Records: Contractor agrees that the state or its delegatee will have the right to review, obtain, and copy all records pertaining to performance of this Agreement. Contractor agrees to provide the state or its delegatee with any relevant information requested and shall permit the state 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 pUI'pose of determining compliance with Government Code section 8546.7. Contractor further agrees to maintain such records for a period of three (3) years after fmal payment under this Agreement. 5, Disbursements A. For each disbursement of funds, the Contractor agrees to submit, in a fonn and manner detennined by the State, a written request for disbursement and to attach to this request any documents required by the State. With each request, the Contractor shall certify that the funds requested shall be used only for the capital expenditures authorized by the State. B. Any grant funds disbursed by the State to or on behalf of the Contractor and not applied towards approved code enforcement costs in accordance with Exhibit C, shall be repaid to the State upon demand. 6, Compliance with Laws and Ree:u\ations Contractor agrees that at all times to use the CEGP capital expenditures in confonnity with all laws applicahle to the Program including those of the State of California, all federal laws, all local rules or ordinances, all requirements of the Program including the statutes and rules and regulations referenced in the first paragraph of this Agreement. 2003-343 City of San Bernardino 02-CEGP-20 Page 4 of7 EXHIBIT B 7, Proeram Report The Contractor shall file with the State a quarterly Program Report for the first year of the contract and then a semi-annual report for years two and three, on a form developed, approved and published by the Program The report shall be due 15 days after the end of each period and shall be in addition to the final report. 8, Term The effective date of this Agreement is the date upon which it is executed by the State after execution by the Contractor. This Agreement shall terminate three years after the effective date, unless terminated earlier pursuant to paragraph 10 hereof. Costs incurred prior to the State's approval of this Agreement, is in violation of any of the terms of this Agreement, or prior to any required approval of changes herein, will not be accepted as eligible costs. 9. Disencumbrance of Funds In the event the Contractor does not utilize the funds authorized by this Agreement within the time periods specified in Exhibit D, hereof, the State, at its sole discretion and upon written notice to the Contractor, may determine that the funds, or a portion of the funds, no longer are required for the Contractor's performance under the terms of this Agreement, and upon written notice to the Contractor, may reduce the grant amount specified in Exhibit C hereof, and disencumber from this Agreement, the amount determined to be no longer required. The written notice to the Contractor shall indicate the effective date and the amount of such grant reduction and disencumbrance from the total amount of this Agreement. In the altelllative, the State may, at its sole discretion, tenninate this Agreement pursuant to paragraph 10 hereo f. 10. Tennination and Breach A. Notwithstanding the provisions of paragraphs 1 and 8 of this Agreement, in the event of Contractor's failure to satisfy or comply with any term or condition herein or with respect to the Exhibit C, or other documents related to the grant transaction within the time and in the manner specified, after written notice to the Contractor by the State specifying (1) the breach; (2) the action required to cure such breach; and (3) a date, not less than fifteen (15) days from the date of receipt of such notice by Contractor, by which such breach mnst be cured, the State may withdraw its grant cormnitment or the balance thereof and be released from any further obligation to the Contractor after notifying Contractor in writing of the State's intention to tenninate this Agreement. B. The State may tenninate tlus Agreement and be relieved of any payments should the Contractor fai I to peltonn the requirements of tlus Agreement at the time and in the manner herein provided. All costs to the State shall be deducted from any sum due the 2003-343 City of San Bernardino 02-CEGP-20 Page 5 of 7 EXHIBIT B Contractor under this Agreement and the balance, if any, shall be paid to the COUlractor upon demand. C. In the event of such breach the State may also take such action or seek such remedies as are provided in this or any other executed grant document. 11. Amendment: No amendment or variation of the tenus of this Agreement shall be valid unless made in writing, signed by the parties and approved as required. No oral understanding or Agreement not incorporated in the Agreement is binding on any of the parties. 12, Assil!runent: TillS Agreement is not assignable by the Contractor, either in whole or in part, without the consent of the State in the form of a formal written amendment. 13, Indemnification: Indemnification: The Contractor agrees to indemnify, defend and save harmless the State of California, its officers, agents and employees from any and all claims and losses accruing or resulting to any and all Contractors, subContraCtors, material men, laborers and any other person, firm or corporation furnishing or supplying work services, materials or supplies in cOlmection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, fnID or corporation who may be injured or damaged by the Contractor in the performance of tillS Agreement. 14, Independent Contractor: Contractor, and the agents and employees of Contractor, in the performance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of the State. 15, Waiver: No waiver of any breach of this Agreement shall be held to be a waiver of any prior or subsequent breach. Any remedy afforded in this Agreement shall be taken and constructed as cumulative and in addition to any other remedy provided therein or by law. The failure of the State to enforce at any time the provisions of this Agreement, or to require at any time performance by the Contractor of any of the provisions, shall in no way be construed to be a waiver of such provisions nor to etfect the validity of this Agreement or the right of the State to enforce said provisions. 2003-343 City of San Bernardino 02-CEGP-20 Page 6 of 7 EXHIBIT B 16, Litil!ation: A. If any of this Agreement, or underlying obligation is held invalid by a COUt1 of competent jurisdiction, such invalidity, at the sole discretion of the State, shall not affect any other provisions of this Agreement and the remainder of tillS Agreement shall remain in full force and effect. Therefore, the provisions of this Agreement are, and shall be, deemed severable. B. The Contractor shall notify the State immediately of any claim or action undertaken by or against it, which affects this Agreement or the State 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. 17, Insurance: A. Prior to the disbursement of funds under this Agreement and thereafter during the tenn hereof, Contractor shall obtain, cany, and maintain in force, or cause to be obtained, carried, or maintained in force, comprehensive general liability insurance and property damage insurance issued by carriers acceptable to the State, and in such amounts and forms as required by the Program Agreement. B. Contractor will ensure that the State of California and its officers and employees are named as additional named insured on the general liability insurance policy required by paragraph A for the purposes of any claims arising at any time during or after the terms of this Agreement with respect to the pelformance of this Agreement or any act or omission thereunder. That policy also shall provide for notice to the State in the event of any lapse of coverage and in the event of any claim thereunder. C. Upon demonstration of cause satisfactory to the State, the requirements of subparagraphs A and B may be satisfied by Contractor providing evidence of an alternative to conventional insurance sufficient to provide equivalent protection. D. Contractor shall provide evidence satisfactory to the State of compliance with the insurance requireme11ls of tills paragraph 17 prior to any disbursement of funds. 18, Unenforceable Provision: [n the event that any provision of t[lis Agreement is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this Agreement have force and effect and shall not be affected thereby. 2003-343 City of San Bernardino 02-CEGP-20 Page 7 of 7 EXHIBIT B 19, Timeliness: Time is of the essence in this Agreement. 20, DisDutes: A. Except as otherwise provided in this Agreement, any dispute arising under or relating to the perfonnance of this Agreement, which is not disposed of by agreement, shall be decided by the State Coordinator, or their designee who shall reduce decisions to writing in regard to the dispute and shall transmit a copy thereof to the Contractor. The decision of the State Coordinator shall be frnal and conclusive unless within thirty (30) days from the date of receipt of such copy, the Contractor transmits a written appeal to the State. Pending the final decision by the Director of the Department of Housing and Community Development or his/her designee, the Contractor shall proceed diligently with the performance of the Agreement and in accordance with the written decision of the State Coordinator, which is the subject of the Contractor's appeal. B. Contractor shall continue with the responsibilities under this Agreement during any dispute. l 2003-343 City of San Bernardino 02-CEGP-20 Page I of 5 EXHIBIT B-1 DEPARTMENT OF GENERAL SERVICES GENERAL CONDITIONS 1. Recvclinl! Provision: California Public Contracts Code section 12164, requires that the State shall encourage the persons with whom it contracts, to the maximum extent economically feasible in the performance of the contract work, to use recycled paper products. 2, Non-Discrimination Clause: A. During the performance of this Agreement, Contractor 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, physical disability (including HlV and AIDS), mental disability, medical condition (cancer), age (over 40), marital status, and denial of family care leave. Contractor and subContractors shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Contractor and subContractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code Section 12990 (a-t) et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285 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. Contractor 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. Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Agreement. 3, Child SUJ)Port Compliance Act: The Contractor acknowledges in accordance with, that: A. The Contractor recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family suppott enforcement, including, but not limited to, disclosure of information and compliance with eamings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and B. The Cuntractor, to the best of its knowledge is fully complying with the earnings assignment urders of all employees and is providing the names of all new employees to 2003-343 EXHIBIT B-1 City of San Bernardi,no 02-CEGP-20 Page 2 of 5 the New Hire Registry maintained by the California Employment Development Department. 4, Union Activities: By signing this agreement Contractor hereby acknowledges the applicability of Govenunent Code Section 16645 through Section 16649 to tills agreement and agrees to the following: A. Contractor will not assist, promote or deter tulion organizing by employees performing work on a state service contract, including a public works contract. B. No state funds received tulder tills agreement will be used to assist, promote or deter union organizing. C. Contractor will not, for any business conducted tulder tills agreement, use any state property to hold meetings with employees or supervisors, if the purpose of such meetings is to assist, promote or deter union organizing, unless the state property is equally available to the general public for holding meetings. D. If Contractor incurs costs, or makes expenditures to assist, promote or deter union organizing, Contractor will maintain records sufficient to show that no reimbursement from state funds has been sought for these costs, and that Contractor shall provide those records to the Attorney General upon request. 5, DIU!! Free Workplace: By signing this Agreement, Contractor hereby certifies under penalty of perjury under the laws of the State of California that the Contractor 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: (I) the dangers of drug abuse in the workplace; (2) the Contractor'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. 2003-343 City of San Bernardino 02-CEGP-20 Page 3 of 5 EXHIBIT B-1 C Every employee who works on the proposed contract will: (I) receive a copy of the Contractor's drug-free workplace policy statement; and (2) agree to abide by the tenns of the Contractor's statement as a condition of employment under tltis agreement. Failure to comply with these requirements may result in suspension of payments under the Agreement or tennination of the Agreement or both and Contractor may be ineligible for award of any future State agreements if the department determines that any of the following has occurred: (I) the Contractor has made false certification, or violated the certification by failing to calTY out the requirements as noted above. (Government Code section 8350 et seq.) 6, National Labor Relations Board Certification: The Contractor warrants by execution of this Agreement and does swear under penalty of perjury under the laws of the State of California that no more than one fmal unappealable finding of contempt of court by a federal court has been issued against the Contractor within the immediately preceding two-year period because of the Contractor's failure to comply with an order of a federal court, which orders the Contractor to comply with an order of the National Labor Relations Board. 7, Disclosure: DOING BUSINESS WITH THE STATE OF CALIFORNIA The Contractor must be aware of the following laws that apply to persons or entities doing business with the State of California. A Conflict Of Interest: Contractor needs to be aware of the following provisions regarding cunent or former state employees. If Contractor has any questions on the status of any person rendering services or involved with the Agreement, the awarding agency must be contacted inunediately for clarification. 1.) Current State Employees (Public Contracts Code section 10410): i). No officer or employee shall engage in any employment, activity or enterprise from wltich the ofticer or employee receives compensation or has a f1llancial interest and which is sponsored or funded by any state agency, unless the employment, activity or enterprise is required as a condition of regular state employment. ii). No ofticer or employee shall contract on ltis or her own behalf as an independent Contractor with any state agency to provide goods or services. 2.) F0l111er State Employees (Public Contracts Code section 10411): i). For the two-year period from the date he or she leti state employment, no fonner state officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, an'angements or any part of the decision-making process relevant to the contract while employed in any capacity by any state agency. 2003-343 City of San Bernardil;lo 02-CEGP-20 Page 4 of 5 EXHIBIT B-1 ii). For the twelve-month period from the date he or she leti state employment, no fonner state officer or employee may enter into a contract with any state agency if he or she was employed by that state agency in a policy-making position ill the same general subject area as the proposed contract within the l2-month period prior to his or her leaving state service. iii.) If Contractor violates any provisions of above paragraphs, such action by Contractor shall render this Agreement void. (Public Contracts Code section 10420) iv, Members of boards and commissions are exempt fi'om this section if they do not receive payment other than payment of each meeting of the board or commission, payment for preparatory time and payment for per diem (Public Contracts Code section 10430 (e)). B. Labor CodelWorkers' Compensation: Contractor needs to be aware of the provisions which reqnire every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions, and Contractor affinns to comply with such provisions before commencing the performance of the work of this Agreement. (Labor Code section 3700) C. Americans with Disabilities Act: Contractor assures the State that it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.c. 12101 et seq.) D. Resolution: A county, city, district, or other local public body must provide the State with a copy of a resolution, order, motion, or ordinance of the local governing body which by law has authority to enter into an agreement, authorizing execution of the agreement. E. Air or Water Pollution Violation: Under the State laws, the Contractor shall not be: (I) in violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district; (2) subject to cease and desist order not subject to review issued pursuant to Section 13301 of the Water Code for violation of waste discharge requirements or discharge prohibitions; or (3) tin ally detennined to be in violation of the provisions of federal law relating to air or water pollution. 2003-343 City of San Bernardino 02-CEGP-20 Page 5 of 5 EXHIBIT B-1 F. Prevailing Wages: Where funds provided through this Agreement are used for construction work, or in support of construction work, Contractor shall ensure that the requirements of Chapter I (commencing with section 1720) of Part 7 of the Labor Code (pertaining to the payment of prevailing wages and administered by the California Department of Industrial Relations) are met. For the purpose of this requirement "construction work" includes, but is not limited to rehabilitation, alteration, demolition, installation or repair done under contract and paid for, in whole or in part, through this Agreement. All construction work shall be done through the use of a written contract, with the properly licensed building contractor incorporating these requirements (the "construction contract"). Where as the construction contract will be between the Contractor and a licensed building contractor, Contractor shall serve as the "awarding body" as that term is defmed in the Labor Code. Where Contractor will provide funds to a third party that will enter into the construction contract with a licensed building contractor, the third party shall serve as the "awarding body". Prior to any disbursement of funds, including but not limited to release of any final retention payment, the Department may required a certification from the awarding body that prevailing wages have been or will be paid. 2003-343 City of San Bernardino 02-CEGP-\!O Page I of I EXHIBIT C CEGP Special Conditions and Capital Expenditure Details City of San Bernardino Prior to disbursement of any grant funds the Contractor shall have executed a California Code Enforcement Grant Program Standard Agreement, and provided the State with the following additional documents, subject to State approval and substantially consistent with the application and staff report: I. Program implementation schedule. 2. Copy of current City budget for Code Enforcement Activities. 3. Updated aIillua] budget for year one consistent with the modified approved grant amount. 4. Name and title of CEGP lead person and contact. 5. Paid invoice, purchase order, repair order, contract or any other documentation deemed necessary by the State to ensure the success of the Code Enforcement Grant Program and the eligibi]ity of the expenditure. 6. Certified resolution authorizing receipt of the state funds and the obligation to financially and technically support the capital expenditures during the three year grant period. 7. Provide job descriptions for employees who will be assigned to use the 2] laptop computer systems and their duties and relationship to your code enforcement program ProDosed CaDital EXDenditures Requested Amount ApDroved Amount See Application for further detail (21) Toughbook laptops with wireless modems and printers (25) Flashcams-Surveillance System (6) Handy Talkies Radios $96,999 $76,08] $6,9]8 $96,999 $76,081 $6,918 Total $179,998 $179,998 2003-343 Cuy or San Bernardino 02-CEGP-20 Page 1 or2 EXHIBIT D BUDGET DETAIL AND PAYMENT PROVISIONS 1. Method of Payment A. For services satisfactorily rendered, and upon receipt and approval of the purchase orders or invoices, the State agrees to compensate the Contractor for actual expenditures incurred in accordance with the rates specified herein, which is attached hereto and made a part of this Agreement. B. Upon approval of this Agreement, and after evidence satisfactory to the State that the Contractor has purchased, leased, approved a purchase order, signed a contract for work to be performed, or construction contract for capital expenditure(s) costs, and that the State's fiscal and program interests will be protected, the State agrees to provide to the Contractor the amoUllt specified in Attachment A. The State will limit the disbursement of grant funds to one each quarter during the first year of the contract and then to two each year for the duration of the three-year grant period. In no instance shall the State be liable for any costs in excess of this amoUllt, nor for any unauthorized or ineligible costs. Said requests, invoices and all other support documents shall be submitted, signed, dated, and addressed to: Department of Housing and Community Development Division of Codes and Standards Code Enforcement Grant Program 1800 Third Street, Suite 260 P O. Box 1407 Sacramento, CA 95812-1407 Attention: CEGP Contract Manager Phone: (916) 445-9471 C. If a report is not completed to the satisfaction of the State, it will be returned to the Contractor for revision and payment of requested funds may be withheld until the required request for funds, invoices or all other support documents are submitted and satisfactory performance can be detennined. All SUPPOlt documents included in the request must be attached and summarized in a detailed spreadsheet. D. Costs incurred prior to the State's approval of tillS Agreement, in violation of any of the tenns of tillS Agreement, or prior to any required approval of changes herein, will not be accepted as eligible costs. E. All requests for funds, quarterly or semi-alUlUal repOlts, and other documents shall be signed and dated by the Contractor's authorized signatory. 2003-343 City of San Bernardino '. 02.CEGP-20 Page 2of2 EXHIBIT D 2, Budeet and Proeram Chanees No changes, except as noted below, shall be made in the distribution of grant funds among budget items as herein approved without express prior written approval of the State. The State shall be informed of, and must approve, all changes prior to the Contractor making the change. Without prior written approval of the State, no portion of the funds provided under this grant shall be used for any purposes other than those described in Attachment A The distribution of grant funds among the capital expenditure items may be made without express prior written approval under the following circumstances: changes may be made within a range of fifteen percent (15%) above the originally stated amount on Attachment A, but will not increase the amount of the Grant. Any saved costs in the cost of capital expenditure items may be used to purchase additional capital items with the approval of the Department. 3. Budl!et Continl!encv Clause A It is mutually agreed that if the Budget Act of the current year and/or any subsequent years covered under this Agreement does not appropriate sufficient funds for the program, this Agreement shall be of no further force and effect. In this event, the State shall have no liability to pay any funds whatsoever to Contractor or to furnish any other considerations under this Agreement and Contractor shall not be obligated to perform any provisions of this Agreement. B. If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this program, the State shall have the option to either cancel this Agreement with no liability occurring to the State, or offer an agreement amendment to Contractor to reflect the reduced amount.