HomeMy WebLinkAboutCDC/1999-32
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RESOLUTION NO:
CDC 1999-32
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RESOLUTION OF THE COMMUNITY DEVELOPMENT
COMMISSION APPROVING AND AUTHORIZING THE AGENCY
CHAIRPERSON AND EXECUTIVE DIRECTOR TO EXECUTE A
COOPERATIVEIDELEGATE AGREEMENT BETWEEN THE COUNTY
OF SAN BERNARDINO AND THE REDEVELOPMENT AGENCY FOR
IMPLEMENTATION OF THE NEIGHBORHOOD INITIATIVE
PROGRAM (NIP) WITHIN THE SEVEN TARGET AREAS.
THE COMMUNITY DEVELOPMENT COMMISSION ACTING ON BEHALF
OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO DOES
HEREBY RESOLVE, DETERMINE, AND ORDER AS FOLLOWS:
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SECTION 1.
The Agency Chairperson and the Executive Director of the
12 Redevelopment Agency ("Agency") are hereby authorized and directed to execute on behalf of
13 said Agency an Agreement between the County of San Bernardino and the Redevelopment
14 Agency ("Agreement") to provide for the allocation of $2 million in NIP funds to carry housing
15 and neighborhood preservation activities within the approved seven (7) target areas and as more
16 fully defined in the Agreement, a copy of which is attached hereto, marked Exhibit "A" and
17 incorporated herein by reference as though fully set forth at length.
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SECTION 2.
The Executive Director of the Agency is hereby authorized to
19 make minor corrections, additions, and clarifications to the Agreement, provided said changes
20 are not substantive in nature, and do not increase the monetary impact to the Agency.
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SECTION 3.
The authorization to execute the above referenced Agreement is
22 rescinded if the parties to the Agreement fail to execute it within sixty (60) days of the passage 0
23 this resolution.
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CDC 1999-32
1
2 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION
APPROVING AND AUTHORIZING THE AGENCY CHAIRPERSON AND
3 EXECUTIVE DIRECTOR TO EXECUTE A COOPERATIVE/DELEGATE
AGREEMENT BETWEEN THE COUNTY OF SAN BERNARDINO AND
4 THE REDEVELOPMENT AGENCY FOR IMPLEMENTATION OF THE
NEIGHBORHOOD INITIATIVE PROGRAM WITHIN THE SEVEN
5 TARGET AREAS.
6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Community
7 Development Commission of the City of San Bernardino at a joint regular
8 meeting thereof, held on the 7th day of September , 1999, by the followin
9 vote, to wit:
10 COMMISSION MEMBERS: AYES
11 ESTRADA x
12 LIEN x
13 MCGINNIS x
14 SCHNETZ x
15 (V ACANT) - 5th Ward
16 ANDERSON
17 MILLER
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NAYS
ABSTAIN ABSENT
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x
U~~
'-CITY CLERK
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The foregoing Resolution is hereby approved this '~ay of September
{
,1999.
Approved as to form and
25 legal con e t:
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27 By:
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CDC 1999-32
Cooperative/Delegate Agency Agreement Between the
County of San Bernardino and the
Redevelopment Agency of the City of San Bernardino
For the Use of Neighborhood Initiative Program Grant Funds
Grant Number
This Agreement is entered into this :?/?' day of ~d , 1999, by and between the County of
San Bernardino of the State of California, hereinafter r ferred to as "COUNTY", and the Redevelopment
Agency of the City of San Bernardino, a public body corporate and politic located within the boundaries
of COUNTY, hereinafter referred to as "AGENCY".
WHEREAS, two (2) military bases and other military installations located within or near the
County have been closed by the United States Government during the past six (6) years; and
WHEREAS, the closure of these bases and installations has resulted in a loss of over 40,000 jobs
and otherwise adversely affected the economy within the County; and
WHEREAS, the foregoing conditions have, in turn, adversely affected levels of homeownership
in the County as well as the prospects for homeownership among certain segments of the County's
population; and
WHEREAS, the loss of two military bases and defense related industries combined with a
national recession caused thousands of homes to be foreclosed upon; and
WHEREAS, these vacant dilapidated properties negatively impacted neighborhoods spreading
blighting conditions through many communities in the east valley; and
WHEREAS, on May 27,1997, the most high-powered assemblage on blight to that time was
convened, including Congressman Lewis, Congressman Brown, county officials, city council members,
activists, realtors, and developers. Attentions were focused on the problems faced by the City of San
Bernardino and its efforts to address the vast number of HUD-owned, boarded units and their impact on
local neighborhoods; and
WHEREAS, as a result of the meeting and the input of over one hundred participants, the
attentions of the US Congress were also focussed on this challenging task. The result is the $15 million
Neighborhood Initiative Program; and
WHEREAS, the mission of the Neighborhood Initiative Program is the preservation and
revitalization of neighborhoods through maximizing opportunities afforded by the availability and the
leveraging of $15,000,000 in Federal Neighborhood Initiative Funds; and
WHEREAS, the goals of the Neighborhood Initiative Program are to eradicate blight in the
neighborhoods, make an impact both visibly and structurally in the neighborhoods, increase the
percentage of owner-occupied residences concentrating on first time homebuyers, minimize
administrative costs, maximize neighborhood participation, involve and commit Agency and County
agencies and their resources, intensify code enforcement activities, maximize use of successful, existing
program, maximize available public resources, and leverage available funds through programs and
partnerships; and
WHEREAS, this Agreement IS made pursuant to the COUNTY's Neighborhood Initiative
Program Action Plan; and
CDC 1999-32
WHEREAS, both COUNTY and AGENCY seek to coordinate their efforts to maXImize
utilization of personnel and resources, and increase efficiency and economies of scale in the planning and
administration ofthe program hereinafter set forth.
NOW, THEREFORE, for and in consideration of the covenants and agreements set forth herein,
and intending to be legally bound hereby, COUNTY and AGENCY agree as follows:
I. PURPOSE
This Agreement gives COUNTY and AGENCY the authority to undertake certain projects and
activities as described in Exhibit 2 and Attachment C. Said projects and activities are to be
undertaken by COUNTY and AGENCY within the areas depicted in Exhibit A, attached hereto
and incorporated herein by reference "Map of Seven (7) Target Areas/Asset Control Areas
(ACA's)", over the Term of this Agreement. Project and Activity funds are derived solely from,
granted NI Program funds allocated to the COUNTY from the Department of Housing and Urban
Development (HUD).
The COUNTY and AGENCY further agree to cooperate to undertake, or to assist in undertaking
community renewal and lower income housing assistance activities, specifically neighborhood
revitalization and affordable housing programs, described in Exhibit 2, and Attachment C, over a
course of five (5) years, commencing in 1999 with Phase 1. Exhibit 2 shows the projects and
activities to be undertaken by both the COUNTY and AGENCY collectively over the term of this
Agreement.
Initially, COUNTY and AGENCY agree to commence said projects and activities within Target
Area I. Once the projects and programs are completed in all of Target Area I pursuant to this
Agreement, the COUNTY and AGENCY agree to undertake projects and activities in the
remaining Target Areas as determined by the COUNTY and AGENCY. To the extent available,
the COUNTY agrees to allocate additional NI Program funds to carry out projects and activities
pursuant to Exhibit 2 herein, in the balance of the Target Areas.
With respect to the ACA's, it is the express intent of the parties, that the COUNTY shall purchase
residential property (the "Property") directly from HUD, at a discounted price, in accordance with
the Agreement between HUD and COUNTY, for the purposes of reducing RUD's inventory of
single family properties and to create affordable homeownership opportunities primarily for low-
to moderate-income persons within the City of San Bernardino, and in an effort to stabilize
declining residential neighborhoods. The AGENCY shall have the first right of refusal to
purchase said Property from the COUNTY, at the applicable discount rate, pursuant to
Attachment C of this Agreement.
Furthermore, it is the intent of the parties herein, that any Property not acquired directly from the
AGENCY from the COUNTY, shall be purchased and rehabilitated in a good workmanship and
in accordance with state and local housing and building codes. The COUNTY agrees that any
Property acquired within the ACA's will be sold primarily to low- and moderate-income
homebuyers in order to increase homeownership opportunities for City residents. The COUNTY
also agrees to engage the services of FNMA, or a similar company, who specializes in the
maintenance, management and disposition of residential real estate to insure that all housing
acquired from HUD is sold and rehabilitated in a timely manner, and in order to reduce the
amount of HUD housing inventory within the City of San Bernardino.
The purpose of this Agreement will be accomplished pursuant to the requirements of applicable
regulations and other federal, local, state and County laws and policies in the manner herein set
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forth. Unless specified otherwise, COUNTY's Department of Economic and Community
Development (hereinafter referred to as "ECD") shall have the authority to represent COUNTY
regarding the terms and conditions of this Agreement and the administration thereof.
2. TERM
The term of this Agreement shall be in effect until June 30, 2004. COUNTY may grant an
extension of up to six months for the purpose of completing AGENCY's projects/activities,
which are underway and cannot be completed during the term of this Agreement. AGENCY may
request any such extension in writing. Any extension will only be effective if granted in writing
by COUNTY.
3. AUTHORIZATION OF PROJECT/ACTIVITY
AGENCY shall not initiate nor incur expenses for any project or activity covered under the terms
of this Agreement prior to receiving written authorization from COUNTY. Written authorization
will be accomplished when Attachments "A" (Request to Initiate Project or Activity) and "B"
(Project or Activity Description) of this Agreement have been completed and signed by
AGENCY and countersigned by ECD. Any such authorized project or activity shall hereinafter
be referred to as an "AUTHORIZED PROJECT".
4. MUTUAL COOPERATION
AGENCY and COUNTY shall cooperate in carrying out the AUTHORIZED PROJECTS on
Exhibit 2 herein.
5. COUNTY RESPONSIBILITIES
COUNTY, through ECD, is empowered to enforce all Federal regulations pertaining to NI
Program funded projects undertaken by AGENCY under this Agreement. AGENCY recognizes
that COUNTY, as the formal grantee ofthe NI Program, has full responsibility and obligations to
HUD for undertaking the Program and has full authority in administering and allocating funds.
AGENCY will have no direct responsibilities or obligations to HUD, except as identified under
this Agreement.
6. CONFORMANCE TO COUNTY PROCEDURES
Under this Agreement, AGENCY must perform all services and activities in accordance with
Federal and State statutory requirements and with the policies and procedures established by the
Board of Supervisors, and shall comply with the following:
A. NI Program Administrator
Upon COUNTY's and AGENCY's mutual assent to this Agreement, AGENCY will
designate a "NI Program Administrator" by filling in the name of said person in the space
provided below. The NI Program Administrator is the responsible authority for all
correspondence with COUNTY, the signatory on AUTHORIZED PROJECT
Attachments A and B and shall advise the AGENCY Commission, AGENCY Counsel,
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AGENCY administration and AGENCY staff, as appropriate regarding the NT Program.
AGENCY may, by written notification as set forth below, change the NT Program
Administrator.
AGENCY's NI Program Administrator for this Agreement is
Gary Van Osdel
TITLE: Aljency Secretary/Executive Director
B. Fiscal Contact Person
For purposes of this Agreement, AGENCY shall also designate a fiscal contact person by
filling in the space provided below. The fiscal contact person shall be responsible for
billing and fiscal procedures regarding the NI Program and will serve as the primary
contact for technical fiscal matters. AGENCY may, by written notification as set forth
below, change the fiscal contact person.
AGENCY's Fiscal Contact person for this Agreement is
Barbara Lindseth
. TITLE: Director of Administrative Services
C. Accountinlj Procedures
AGENCY shall be responsible for maintaining complete and separate fiscal accounts for
NI Program funds which come under its control in such manner as to permit the reports
required by COUNTY to be prepared therefrom and to permit the tracing of NT Program
funds to their final expenditure. AGENCY will submit to ECD complete and detailed
project descriptions, budgets, and expenses for each project that AGENCY implement
with NI Program funds in accordance with Exhibit 1, along with quarterly reports of
grant expenditures.
7. DISBURSEMENT OF FUNDS
All NI Program funds allocated to AGENCY's AUTHORIZED PROJECT(s) shall be received
from HUD by COUNTY under HR 2158. The COUNTY Board of Supervisors shall have final
authority for determining the allocation and distribution ofNI Program funds and for selecting the
projects and activities for which such funds shall be used within the general activity categories
described in the Program Action Plan, (Exhibit 1) ECD will disburse the funds to AGENCY on a
cost reimbursement basis unless delineated otherwise in Attachment A and/or B. Billing shall be
accompanied by all pertinent source documentation to be presented to ECD by AGENCY on or
about the first day of each month, allowing 30 days for payment on the part of ECD. AGENCY
may request an advance of NT Program funds in such case as the need for working capital is
required and the time elapsing between COUNTY payment of funds and AGENCY disbursement
is accomplished in not more than 72 hours of receipt of funds.
8. WITHHOLDING OF FUNDS
COUNTY shall retain the right to withhold funds for any programs or activities upon giving
written notice to AGENCY indicating that COUNTY has determined that AGENCY has not
performed its obligations as stated in this Agreement in a satisfactory or timely manner consistent
with Federal regulations or policy. COUNTY shall notify AGENCY in writing of this
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CDC 1999-32
determination, specifying the objection(s) to AGENCY's performance. AGENCY shall then have
a maximum of 30 days in which to remedy said deficiencies. Should approval of COUNTY not
be obtained within said period, COUNTY shall have full authority to reallocate AGENCY's Nl
Program funding to other eligible activities which can be implemented or to assume sole
responsibility for carrying out any and/or all AUTHORIZED PROJECTS, upon written notice to
AGENCY. Upon such notice, AGENCY agrees to cease all activity provided hereunder, as
specified in said notice.
9. PROGRAM INCOME
Program income represents net income directly generated from the use of Nl Program funds by
AGENCY as a result of the projects and activities funded under the terms of this Agreement.
When such income is generated by an activity only partially assisted with Nl Program funds, the
income shall be prorated to reflect the percentage of Nl Program funds used. Program income
shall be returned to COUNTY within thirty (30) days after: a) disposition or sale of real or
personal property occurs or; b) cumulative program income reaches increments of one thousand
dollars ($1,000); or c) the end of each fiscal year. AGENCY shall include the reports required by
Section 12, PROGRAM REPORTING all sources and amounts of program income on a quarterly
and year-to-date basis.
AGENCY use of program income funds by AGENCY will be assured by first return of said funds
to COUNTY then, requesting and receiving approval by COUNTY for budgetary increases or
adjustments to project or activity authorized under this Agreement. Program income returned by
COUNTY to AGENCY shall be spent by AGENCY on only those costs authorized under this
Agreement. All provisions of this Agreement shall apply to said use of program income funds.
AGENCY shall account for the receipt and use of program income in such a way that program
income is spent on AUTHORIZED PROJECTS before additional NI Program funds are spent
except in the case wherever Agency has returned program income to County. Any program
income on-hand when this Agreement expires or is received after such expiration, shall be paid to
COUNTY within 30 days after expiration of this Agreement or AGENCY's receipt of such funds
accrued after expiration of this Agreement.
Program income (COUNTY) represents net income directly generated from the use of NI
Program funds by COUNTY as a result of the AUTHORIZED PROJECTS undertaken by
COUNTY in any Target Areal ACA depicted in Exhibit 1 in furtherance of this Agreement.
When such program income (COUNTY) is generated from an AUTHORIZED PROJECT with
NI Program funds, such income shall be prorated to reflect the percentage of NI Program funds
used (in comparison with other COUNTY funds). Program income (COUNTY) shall be used and
applied to fund AUTHORIZED PROJECTS undertaken by COUNTY in any Target ArealACA
depicted in Exhibit 1. COUNTY shall provide Agency with copies of each progress report
submitted by COUNTY to HUD under the NI Program Grant Agreement by and between
COUNTY and HUD, together with such supplemental accounting detail as may be necessary or
appropriate to reflect the use and disposition of program income (COUNTY) within the Target
Areas/ ACA's depicted in Exhibit 1.
10. PROGRAM REPORTING
AGENCY agrees to prepare and submit financial, program progress, evaluations, and other
reports as required by HUD or COUNTY directives. AGENCY shall maintain such property,
personnel, financial and other records and accounts as are considered necessary by HUD or
COUNTY to assure proper accounting for all AUTHORIZED PROJECT funds per Exhibit 1. All
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AGENCY records, with the exception of confidential client information, shall be made available
to representatives of COUNTY and the appropriate Federal agencies. AGENCY is required to
submit data necessary to assist COUNTY in preparing any required reports in accordance with
HUD regulations in the format and at the time designated by COUNTY Director of ECD or his
designee. By the first of the third month, AGENCY shall submit to ECD a quarterly status report
on all active AUTHORIZED PROJECTS and, if applicable, program income generating
activities.
11. MONITORING
ECD Director or his designee will conduct periodic monitoring of AGENCY administration of
AUTHORIZED PROJECTS. Monitoring will focus on the extent to which the NI Program has
been implemented and measurable goals achieved, effectiveness of project management, and
impact of the AUTHORIZED PROJECTS. Authorized representatives of COUNTY and HUD
shall have the right of access to all projects and activities and facilities if applicable, operated by
AGENCY under this Agreement. Facilities include all files, records, and other documents related
to the performance of this Agreement. AGENCY will permit on-site inspection by COUNTY
and HUD representatives, and insure that its employees furnish such information, as in the
judgement of COUNTY and HUD representatives, may be relevant to a question of compliance
with contractual conditions and HUD directives, or the effectiveness, legality, and achievements
of the program.
12. RETENTION OF RECORDS
COUNTY and AGENCY shall comply with the requirements of 24 CFR Part 84 or Part 85
related to the retention of records, open access to records by HUD, reporting, project close-out,
later disallowance's and adjustments, and collection of amounts due.
13. AUDITS
AGENCY is required to arrange for an independent financial and compliance audit annually for
each fiscal year during which Federal funds are received under this Agreement as required by
Circular A-128 pursuant to the Single Audit Act of 1984, Public Law 98-502. The results of the
single audit must be submitted to COUNTY within thirty (30) days of completion. Within thirty
(30) days of the submittal of said audit report, AGENCY shall provide a written response to all
conditions or findings reported in said audit report as it relates to the Agreement. The response
must examine each condition or finding and explain a proposed resolution, including a schedule
for correcting any deficiency. All condition- or finding-correction actions shall take place within
six (6) months after ECD's receipt of the audit report. An audit may also be conducted by
Federal, State or local funding source agencies as part of the COUNTY's audit responsibilities.
COUNTY and its authorized representatives shall, at all times, have access for the purpose of
audit or inspection to any and all books, documents, papers, records, property, and premises of
AGENCY. AGENCY's staff will cooperate fully with authorized auditors when they conduct
audits and examinations of AGENCY's program. If indications of misappropriation or
misapplication of the funds of this Agreement cause COUNTY to require a special audit, the cost
of the audit will be encumbered and deducted from funds allocated to AUTHORIZED
PROJECTS. Should COUNTY subsequently determine that the special audit was not warranted,
the amount encumbered will be restored to said AUTHORIZED PROJECT allocations. Should
the special audit confirm misappropriation or misapplication of funds, AGENCY shall reimburse
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COUNTY the amount of misappropriation or misapplication from non-NI Program funding
sources.
14. REVERSION OF ASSETS
All real property acquired or improved in whole or in part with NI Program funds in excess of
$25,000 under this Agreement must continue in the use that provides the service benefits and
objectives for which it was funded until five (5) years after expiration of this Agreement, or it
must be disposed of in a manner resulting in a reimbursement to COUNTY in the amount of the
current fair market value of the property less any portion thereof attributable to expenditures by
AGENCY ofnon-NI Program funds for the acquisition of, or improvement to, the property.
15. TERMINATION AND TERMINATION COSTS
This Agreement may be terminated in whole or in part at any time by either party upon giving
thirty (30) days notice in writing to the other party. An agreement must be reached by both
parties as to reasons and conditions for termination in compliance with the provisions of Federal
Regulations at 24 CFR Part 85.44, Termination for Convenience. COUNTY ECD is hereby
empowered to give said notice subject to ratification by the COUNTY Board of Supervisors.
COUNTY may immediately terminate this Agreement upon the termination, suspension,
discontinuation or substantial reduction in NI Program funding from HUD for the Agreement
activity or if for any reason the timely completion of the work under this Agreement is rendered
improbable, infeasible or impossible. If AGENCY materially fails to comply with any term of
this Agreement, COUNTY may take one or more of the actions provided under the Federal
Regulation at 24 CFR Part 85.43, Enforcement, which include temporarily withholding cash,
disallowing non-compliant costs, wholly or partly terminating the award, withholding future
awards, and other remedies that are legally available. COUNTY also retains the right to complete
said project or activity set forth in Exhibit 1. In such event, AGENCY shall be compensated for
all services rendered and all necessarily incurred costs performed in good faith in accordance with
the terms of this Agreement that have been previously reimbursed, to the date of said termination
to the extent that NI Program funds are available from HUD.
16. DISCRIMINATION
During the performance of this Agreement, AGENCY agrees not to discriminate against any
contractor or applicant for employment in performing work because of race, color, religion, sex
or national origin. AGENCY further agrees to take affirmative action to ensure that its
contractors employ and treat all employees during employment without regard to their race, color,
religion, sex or national origin. Such action shall include, but not be limited to, the following:
employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or
termination, etc. AGENCY will cause contractor to comply with the provisions of Executive
Order 11246 of September 24, 1965, and the rules, regulations, and relevant orders of the
Secretary of Labor. AGENCY shall require its contractor to post in conspicuous places, available
to employees and applicants for employment, notices setting forth the provisions of this
nondiscrimination clause.
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HUD REQUIREMENTS
A. COUNTY and AGENCY shall each comply with the following equal
opportunity/National Environmental Policy Act requirements;
1. For projects involving housing, the requirements of the Fair Housing Act (42
U.S.C. 3601-20) and implementing regulations at 24 CFR Part 100; Executive
Order 11063 (Equal Opportunity in Housing) and implementing regulations at 24
CFR Part 107.
2. The requirements of title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d)
(Nondiscrimination in Federally Assisted Programs) and implementing
regulations issued at 24 CFR Part 1.
3. The prohibitions against discrimination on the basis of age under the Age
Discrimination Act of 1975 (42 U.S.C. 6101-07) and implementing regulations at
24 CFR Part 146, and the prohibitions against discrimination against
handicapped individuals under section 504 of the Rehabilitation Act of 1973 (29
U.S.C. 794) and implementing regulations at 24 CFR Part 8.
4. The requirements of 24 CFR 5.105(a) regarding equal opportunity as well as the
requirements of Executive Order 11246 (Equal Employment Opportunity) and
the implementing regulations issued at 41 CFR Chapter 60.
5. The requirements of Executive Orders 11625 and 12432 (concerning Minority
Business Enterprise), and 12138 (concerning Women's Business Enterprise).
Consistent with HUD's responsibilities under these Orders, the Agency must
make efforts to encourage the use of minority and women's business enterprises
in connection with grant funded activities. 24 CFR Part 85.36(e) describes
actions to be taken by the Agency (see Attachment D) herein to assure that
minority business enterprises and women business enterprise are used when
possible in the procurement of property and services.
6. Agency where applicable shall maintain records of its efforts to comply with
requirements cited in Paragraphs 5 and 6 in this Section 17.
B. Any requirements that may be imposed by HUD subject to the National Environmental
Policy Act or other legislation implemented by 24 CFR Part 50. HUD regulatory
requirements on toxic chemical, noise, and airport clear zones also apply.
C. Administrative requirements of OMB Circular A-133 "Audits of States, Local
governments and Non-Profit Organizations".
D. For State and Local Governments, the Administrative requirements of 24 CFR Part 85,
including the procurement requirements of 24 CFR Part 85.36, and the requirements of
OMB Circular A-87 regarding Cost Principles for State and Local Governments.
E. The regulations at 24 CFR Part 87 related to lobbying, including the requirement that the
Agency obtain certifications and disclosures from all covered persons.
F. Restrictions on participation by ineligible, debarred or suspended persons or entities as
described in Executive Order 12549 and at CFR 24 Part 5.105(c).
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G. The Uniform Relocation Act as implemented by regulations at 49 CFR Part 24.
18. AGREEMENT TO ENFORCE COMPLIANCE BY THE SUB-AGENCY's WITH THE
REQUIREMENTS OF THIS GRANT AGREEMENT
A. The Agency agrees to enter into a contract with each sub-grantee, if applicable, that will
have responsibility for implementing any of the projects or activities as identified in the
application and Article VIII (B) of the Grant Agreement between County and HUD. The
contract shall commit the sub-grantee to comply with the terms of this Grant Agreement
between County and HUD.
B. The Agency agrees to enforce compliance by the sub-grantee with the terms of the
contract.
C. The contract between the Agency and the sub-grantee shall contain the following:
1. The activities to be undertaken by the sub-grantee, consistent with the activities
described in the County application as modified by Article VIII (A) of this Grant
Agreement.
2. All applicable equal opportunity requirements set forth in Article I, Section B of
this Agreement.
3. Anti-lobbying requirements in 24 CFR Part 87, including the requirement to
provide certain certifications and/or disclosures to the Agency.
4. The requirements of 24 CFR Part 84 or 85 as appropriate and Treasury Circular
1075, that grant funds shall not be requested or disbursed by the Agency until
needed and shall be the minimum amount necessary. Additional requirements
for drawdowns are in Articles III and IV of the Grant Agreement between HUD
and the County.
5. The cost charges to the grant must be allowable (including the "reasonable and
necessary" standard) and allocable as specified in OMB Circular A-87, A-122, or
A-21 (Cost principles for Institutions of Higher Education as appropriate.
6. 24 CFR Part 84 or Part 85 requirements related to retention of records, open
access to records by HUD and the Agency, reporting, project close-out, later
disallowance's and adjustments, and collection of amounts due.
19. STANDARDS OF CONDUCT
Pursuant to Office of Management and Budget Circular A-IIO Attachment 0 and 24 CFR
570.611, Conflict of Interest, and 24 CFR Part 85.36, Procurement, AGENCY shall maintain a
written code or standards of conduct which shall govern the performance of their officers,
employees or agents engaged in the award and administration of contracts supported by Federal
funds. No employee, officer or agent of the AGENCY shall participate in selection, award, or
administration of a contract supported by NI Program Federal funds if a conflict of interest, real
or apparent, would be involved. Such a conflict would arise when:
A. The employee, officer or agent;
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B. Any member of his immediate family;
C. His or her business partner; or
D. An organization which employs, or is about to employ, any of the above, has financial or
other interest in the firm selected for award.
The AGENCY's officers, employees or agents shall neither solicit nor accept gratuities, favors or
anything of monetary value from contractors, potential contractors, or parties to subagreements.
AGENCY may set minimum rules where the financial interest is not substantial or the gift is an
unsolicited item of nominal intrinsic value.
To the extent permitted by State or local law or regulations, such standards of conduct shall
provide for penalties, sanctions, or other disciplinary actions for violations of such standards by
the AGENCY's officers, employees, or agents, or by contractors or their agents.
20. RELIGIOUS PROSELYTIZING OR POLITICAL ACTIVITIES
AGENCY agrees that it will not perform or permit any religious proselytizing or political
activities in connection with the performance of this Agreement. Funds under this Agreement
will be used exclusively for performance of the work required under this Agreement and no funds
made available under this Agreement shall be used to promote any religious or political activities.
21. INDEMNIFICATION
AGENCY agrees to indemnify, defend and hold harmless COUNTY and its authorized officers,
employees, agents, and volunteers from any and all claims, actions, losses, damages and/or
liability arising from AGENCY acts, errors or omissions of any person and for any costs or
expenses incurred by COUNTY on account of any claim therefore, except where such
indemnification is prohibited by law.
AGENCY shall indemnify and hold harmless COUNTY against any liability, claims, losses,
demands, and actions incurred by COUNTY as a result of the determination by the United States
Department of Housing and Urban Development or its successor that activities undertaken by
AGENCY pursuant to this Agreement fail to comply with any laws, regulations or policies
applicable thereto or that any funds billed by and disbursed to AGENCY under this Agreement
were improperly expended.
22. INSURANCE REQUIREMENTS
In order to accomplish the indemnification provision of Section 21, Indemnification, but without
limiting the indemnification, contractor(s) and sub-contractor(s) obtained by AGENCY for
activities covered under the terms of this Agreement, shall secure and maintain throughout the
term of their contract with AGENCY, the following type of insurance with limits as shown. Said
policies shall add as insured the COUNTY, its elected officials, officers, employees and agents
for all liability arising from AUTHORIZED PROJECTS.
Workers' Compensation - A program of Worker's Compensation insurance or a State-
approved Self Insurance Program in an amount and form to meet all applicable
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requirements of the Labor Code of the State of California, including Employer's Liability
with $250,000 limits, covering all persons providing services on behalf of AGENCY and
all risks to such persons under this Contract.
Comprehensive General and Automobile Liability Insurance - This coverage to include
contractual coverage and automobile liability coverage for owned, hired, and non-owned
vehicles. The policy shall have combined single limits for bodily injury and property
damage of not less than one million dollars ($1,000,000).
Errors and Omissions Liability Insurance - Combined single limits of $1,000,000 for
bodily injury and property damage and $ 3,000,000 in the aggregate QI
Professional Liability - Professional liability insurance with limits of at least $1,000,000
per claim or occurrence.
Additional Named Insured - All policies, except for Workers' Compensation, Errors and
Omissions and Professional Liability policies, shall contain additional endorsements
naming COUNTY and its officers, employees, agents, and volunteers as additional
named insured with respect to liabilities arising out of the performance of services
hereunder.
Waiver of Subro&ation Rights - Except for Errors and Omissions and Professional
Liability, AGENCY shall require the carriers of the above required coverage to waive all
rights of subrogation against COUNTY, its officers, employees, agents, volunteers,
contractors and subcontractors.
Policies Primary and Non-Contributory - All policies required above are to be primary
and non-contributory with any insurance or self-insurance programs carried or
administered by COUNTY.
Not withstanding, any of the above insurance requirements, the AGENCY's certificate of
Self Insurance for $1 million will satisfy all insurance requirements under this paragraph.
23. AGENCY WARRANTY OF ADHERENCE TO COUNTY'S CHILD SUPPORT
COMPLIANCE PROGRAM.
AGENCY acknowledges that COUNTY has, established a goal of ensuring that all individuals
who benefit financially from COUNTY through contract are in compliance with their court-
ordered child, family and spousal support obligations in order to mitigate the economic burden
otherwise imposed upon COUNTY and its taxpayers. As required by COUNTY'S Child Support
Compliance Program (County Code Section 110.0101 et seq.) and without limiting AGENCY'S
duty under this Agreement to comply with all applicable provisions of law, AGENCY warrants
that it is now in compliance and shall during the term of this Agreement maintain compliance
with employment and wage reporting requirements as required by the Federal Social Security Act
(42 USC Section 653a) and California Unemployment Insurance Code Section 1088.5, and shall
implement all lawfully served Wage and Earnings Withholding Orders or District Attorney
Notices of Wage and Earnings Assignment for Child or Spousal Support, pursuant to Code of
Civil Procedure Section 706.031 and Family Code Section 5246(b). Upon County providing
appropriate certification to Agency, Agency will submit to the County a completed Principal
Owner Information (POI Form) and Child Support Compliance Program Certification (CSCP
Certification).
11
CDC 1999-32
TERMINATION FOR BREACH OF WARRANTY TO MAINTAIN COMPLIANCE WITH
COUNTY'S CHILD SUPPORT COMPLIANCE PROGRAM. Failure of AGENCY to maintain
compliance with the requirements set forth in the preceding paragraph shall constitute default by
AGENCY under this Agreement. Without limiting the rights and remedies available to
COUNTY under law or under any other provision of this Agreement, failure to cure such default
within 90 days of notice by the San Bernardino County District Attorney shall be grounds upon
which the County Board of Supervisors may terminate this Agreement.
24. AMENDMENTS: VARIATIONS
This writing with Exhibits 1 and 2 and Attachments A through D embodies the whole of this
Agreement of the parties hereto. There are no oral agreements not contained herein. Except as
herein provided, addition or variation of the terms of this Agreement shall not be valid unless
made in the form of a written amendment to this Agreement formally approved and executed by
both parties.
25. NOTICES
All notices shall be served in writing and shall be delivered to the following addresses:
County of San Bernardino
Department of Economic and Community Development
Mr. Thomas R. Laurin, Director
290 North "D" Street, Sixth Floor
San Bernardino, CA 92415-0040
Economic Development Agency
Gary Van Osdel, Executive Director
201 North "E" Street
San Bernardino, CA 92401-1507
12
CDC 1999-32
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the day
and year first written above. /
COUNTY OF SAN BERNARDINO
By
~ .
r;() ~~~
J D. MIKELS
Chairman, Board of Supervisors
SIGNED AND CERTIFIED THAT A COPY OF
THIS DOCUMENT HAS BEEN DELIVERED
TO THE CHAIRMAN OF THE BOARD
By:
Dated:
APPROVED AS TO FORM. THE TERMS
AND PROVISIONS OF THIS AGREEMENT
ARE FULLY AUTHORIZED UNDER STATE
AND LOCAL LAW AND THIS AGREEMENT
PROVIDES FULL LEGAL AUTHORITY
FOR COUNTY TO UNDERTAKE OR
ASSIST IN UNDERTAKING ESSENTIAL
NEIGHBORHOOD INITIATIVE PROGRAM
ACTIVITIES.
Dated:
OPMENT AGENCY OF THE
AN BERNARDINO
By:
Dated:
~ /1 frf
I I
ATTEST:
~~j
9 /;3 /77
By:
Dated:
By:
Dated:
APPROVED AS TO FORM AND LEGAL
CONTFfT
By: p ~ '1 ~q ~'7'l
Agency Special Counsel
Dated:
13
CDC 1999-32
Exhibits
1. Map of Target Areas and Asset Control Areas
2. Program Action Plan: Projects and Activities to be undertaken by County and Agency.
Attachments
A. Request to Initiate Project or Activity
B. Project or Activity Description
C. Delegate Agency Coordination Procedures
D. Delegate Agency Minority, Women and Disabled Veteran Owned Business Enterprise
Participation
14
EXHIBIT 1
CDC 1999-32
HUD Housing &
Neighborhood Initiative Program (NIP)
Target Areas
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NORTH
City of San Bernardino .
ECONOMIC DEVELOPMENT AGENCY
CDC 1999-32
EXHIBIT 2
PHASE I *
NEIGHBORHOOD INITIATIVE PROGRAM (NIP) ACTION PLAN
(projects & activities to be undertaken BY COUNTY & AGENCY WITHIN TARGET AREA)
PROGRAMS/PROJECTS RESPONSIBLE ENTITY AMOUNT ALLOCATED
1. Single Family Owner Occupied COUNTY $450.000
Rehab Program
2. Single Family Owner Occupied Grant AGENCY $100,000
3. Multi-Family Rehab Program COUNTY $400,000
4. Exterior Beautification Grants AGENCY $450,000
(Single-Family /Mul ti -Family)
5. Mortgage Assistance Program AGENCY $100,000
(Will augment Agency MAP Program)
6. Demolition Program AGENCY $150,000
7. Infill Housing AGENCY $150,000
8. NHS Youth Build Housing AGENCY $100,000
Assistance Program
9. Infrastructure Improvements AGENCY TO BE FUNDED
IN YEAR 2
10. ADMINISTRATION AGENCY $100,000
TOTAL PHASE I FUNDS $2,000,000
* At completion of PHASE I, or when AGENCY exhausts its share of the NIProgram Funds noted above,
additional funds may be added at the request of AGENCY with written authorization accomplished when
Attachments A (Request to Initiate project/Activity) and B (Project/Activity Description) of this Agreement have
been completed and signed by AGENCY and countersigned by ECD. Any such authorized project or activity shall
hereinafter be referred to as an AUTHORIZED PROJECT."
15
ATTACHMENT "A"
CDC 1999-32
REQUEST TO INITIATE PROJECT/ACTIVITY
NEIGHBORHOOD INITIATIVE PROGRAM
AGENCY
PROJECT NUMBER:
DATE OF ORIGINAL ISSUE:
CASE NUMBER:
ORIGINAL:
REVISION #:
TARGET AREA:
DATE OF REVISION:
Pursuant to the terms of the Cooperative Agreement between the County of San Bernardino and the AGENCY of
("AGENCY") regarding the use of Neighborhood Initiative (NI) Program funds, dated _, the AGENCY
hereby requests that the following project/activity be initiated. There will be no changes in Project/Activity Title, Activity
Budget (Attachment B) or in the Activity Description (Attachment C) without written approval of the Director of the
County Department of Economic and Community Development ("ECD").
PROJECT/ACTIVITY TITLE:
ACTIVITY LOCATION:
TOTAL PROJECT FUNDING: $
AGENCY ALLOCATION RELEASED: $
AGENCY FUNDS EXPENDED AS OF:
DATE OF RELEASE OF FUNDS:
BALANCE OF FUNDS AVAILABLE: $
SCHEDULE OF NI PROGRAM FUNDING ALLOCATION:
Year 1 Year 2 Year 3
(1999) (2000) QQ.Ql)
$ $ $
Year 4
@@
$
Year 5
.(2!lQl)
$
TOTAL
$
MAINTENANCE AND OPERATION BUDGET/AGREEMENT:
OTHER PERTINENT INFORMATION:
ACCEPTANCE OF REOUEST TO INITIATE PROJECT/ACTIVITY
I hereby acknowledge the receipt of the Request to Initiate the above Project/Activity and agree to implement the activity
described in Attachment B (Project! Activity Description) in accordance with the above Allocation and Balance of Funds
Available subject to necessary approvals of the Board of Supervisors. The proposed Budget for this project is as follows:
LAND ACQUISITION: $
STAFF COST RELATED: $
TO LAND ACQUISITION: $
DESIGN: $
CONSULTANT SERVICES: $
TOTAL NEIGHBORHOOD INITIATIVE PROGRAM ALLOCATION RELEASED:$
PURCHASE OF EQUIPMENT: $
CONSTRUCTION COST: $
AGENCY STAFF COST: $
CONTINGENCY: $
IMPLEMENTING AGENCY: DATE:
SIGNATURE: TITLE:
COUNTY OF SAN BERNARDINO
DEPARTMENT OF ECONOMIC AND
COMMUNITY DEVELOPMENTIPUBLIC SERVICES GROUP
, DIRECTOR DATE:
16
ATTACHMENT"B"
CDC 1999-32
PROJECT/ACTIVITY DESCRIPTION
NEIGHBORHOOD INITIATIVE PROGRAM
PROJECT NUMBER:
DATE OF ORIGINAL ISSUE:
CASE NUMBER:
ORIGINAL: X REVISION #:
TARGET AREA:
DATE OF REVISION:
PROJECT/ACTIVITY TITLE:
ACTIVITY LOCATION:
Target areas of
ACTIVITY DESCRIPTION:
IMPLEMENTING ENTITY:
AGENCY OF
AUTHORIZED SIGNATURE
DATE
TITLE
COUNTY OF SAN BERNARDINO
DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT
PUBLIC SERVICES GROUP
DATE
DIRECTOR
17
ATTACHMENT "C"
CDC 1999-32
COUNTY OF SAN BERNARDINO
DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT
DELEGATE AGENCY
COORDINATION PROCEDURES
I. INTRODUCTION
The following procedures identify the actions, responsibilities, and sequence of events for Neighborhood Initiative
(NI) Program funded projects being implemented by a coordinated effort between the San Bernardino County
Department of Economic and Community Development, hereinafter referred to as "ECD," and the
REDEVELOPMENT AGENCY of the City of San Bernardino, hereinafter referred to as "AGENCY". Each action or
event listed in Section II & III of this Exhibit, list the entity responsible for carrying out that action or implementing
such action. Section 17 of this Cooperative Agreement contains regulations and statutes applicable to NI Program
funded activities.
II. AUTHORIZATION TO PROCEED
The AGENCY is not authorized to expend funds nor to initiate NI Program projects and activities until authorized to
do so in writing by ECD. Continued authorization is contingent upon adequate progress and timely submission of
Quarterly Project Status Reports covering all current AUTHORIZED PROJECTS. Contract procurement shall be
governed by all Federal regulations and statutes, as amended (See listed in Section 18 of this Agreement). ECD
payments of AGENCY Requests for Reimbursement will be subject to a submittal of a complete reimbursement
report package.
A. Proiect/Activity Budget
Each project or activity is initiated by submittal of a Request to Initiate Project/Activity Form (Attachment A)
when environmental clearance is completed by the County, and funds have been released by BUD. Attachment A
specifies the total funding allocation for the project/activity, the portions currently released and available to
expend, the budget categories for the allocation, and the entity responsible for maintenance and operation of the
completed project.
The AGENCY shall also complete the budget section in Attachment A, showing the estimated allocation of funds
for each project or activity.
B. Activity Description
The activity description shall be forwarded to the COUNTY in the form specified in Attachment B.
The description should be specific enough for use as the scope of work funded by NI Program funds. It will
contain a description of all work to be completed
Approval to change the project/activity description will come from ECD in the form of a revised Attachment B
(and corresponding Attachment A, if applicable).
ECD will complete the Attachments A and B and will send two copies each to AGENCY for signature. Once
signed and fully completed, they must be returned to ECD for the Director's signature. A copy of each will be
returned to AGENCY signifying authorization to proceed with actions outlined in the following section.
III. ACTIONS AND RESPONSIBILITIES *
A. COUNTYIHUDIFNMA Property Acquisition and Disposition - Asset Control Areas Only
18
CDC 1999-32
1. COUNTY will receive bulk list of properties from HUD pursuant to the Grant Agreement between HUD and
County .
2. COUNTY will contact the designated AGENCY staff regarding available properties. COUNTY will
schedule property inspection appointments within 72 hours of receipt of HUD list with city Inspection
Services Division.
3. A specific schedule of property inspection appointments will be provided to AGENCY's and City designated
staff for the purpose of meeting with COUNTY cost estimators and determining improvements required in the
various properties.
4. Within 4 days of meeting with County cost estimators. Agency will provide an Inspection Report to the
County, which will include a copy of the case history, if applicable, on each property.
5. Upon receipt of the Inspection Report, the COUNTY will complete a comprehensive inspection report, which
shall include all MPS deficiencies. There will be no deviations from the original Inspection Report by
subsequent inspectors. The COUNTY will correct all MPS and any health and safety improvements that are
needed on the property, and that may occur during the course of construction pursuant to the collective
Inspection Report.
6. AGENCY will coordinate with the City, to insure that COUNTY receives a priority status for all inspection
requests for NIP projects and activities undertaken by the COUNTY pursuant to this Agreement.
7. AGENCY shall provide a list of COUNTY's active acquisition and rehabilitation projects to City Police and
Code Enforcement Department's and request, if necessary, increased patrol and enforcement in ACA's
8. COUNTY will contract with FNMA, or other qualified entity, for property management, maintenance and
disposition of all units acquired by the COUNTY from HUD in the AGENCY's ACA's, with the exception of
properties purchased by the AGENCY, pursuant to Section III; B below.
B. AGENCY First (1 Sf) Right of Refusal to Acquire from COUNTY HUD Properties within ACA's except Area 1.
1. COUNTY receives bulk transfer list from HUD
2. COUNTY immediately, but no later than two (2) days from receipt of said list, forwards list of available
properties, in designated ACA's, to the AGENCY for review and possible purchase.
3. AGENCY has three (3) business days from the receipt of list, to inspect, to notify the County of the homes
they intend to purchase. Agency will have an additional 4 days to inspect, prepare MPS write-up/estimate
and to determine any illegal additions, building and safety violations, etc., and to submit an offer to purchase
the Property to COUNTY. Cost estimates will be based on a standardized MPS cost sheet to be provided by
COUNTY plus any other improvements required by the City's Inspection Services in order to bring Property
into compliance with local, federal and state codes. Failure to comply within the seven (7) day timeframe will
constitute AGENCY's waiver of 1 st Right of Refusal.
4. The purchase price to be paid by AGENCY to COUNTY will be based on the COUNTY's discounted
purchase price, per section 4.2; Determination of Purchase Price, of the Agreement with COUNTY and HUD.
5. AGENCY will have no more than 45 days to complete and close escrow for each Property. The AGENCY
will be responsible for half of escrow fees and any additional 3rd party services it wishes to purchase.
6. At close of escrow, AGENCY will provide a MPS certification, an Owner Occupancy Certification and a
Hold Harmless Certification to COUNTY in a form to be provided by the COUNTY.
* Timeframes may be adjusted as mutually agreed upon.
19
ATTACHMENT "D"
CDC 1999-32
SAN BERNARDINO COUNTY DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT
DELEGATE AGENCY
MINORITY. WOMEN AND DISABLED VETERAN OWNED
BUSINESS ENTERPRISE P ARTICIP A TION
This form is designed to assist the County of San Bernardino in assessing and reporting the proportion and amounts of
contracts and subcontracts awarded to Minority, Women and Disabled Veteran Owned Business Enterprises
(M/W/DVBE'S) for the project named below. Include information on all subcontractors and suppliers if the total bid
amount exceeds $10,000.
"Minority owned or controlled" means that 51 % or more of the company's ownership or controlling interest in the
company is held by one or more African Americans, Native Americans (including American Indians, Eskimos, Aleuts,
and Native Hawaiians), Hispanic Americans, or Asian/Pacific Americans (including persons whose origins are from
Japan, China, the Philippines, Vietnam, Korea, Samoa, Guam, the United States Trust Territories of the Pacific, Northern
Marianas, Laos, Cambodia, and Taiwan), or any other group of natural persons identified as minorities in the project
specifications by the County.
"Female owned or controlled" means that 51% or more of the company's ownership or controlling interest in the
company is held by one or more female persons.
"Disabled Veteran owned or controlled" means that 51 % or more of the company's ownership or controlling interest in
the company is held by one or more disabled veterans.
PROJECT:
Project Name
Project Number
$
Total Bid Amount
Federally funded or assisted? [] Yes [] No
CONTRACTOR:
Contractor Name
Address
Federal J.D. Number
Zip
Minority owned or controlled?
[]Yes []No
$
Portion of bid amount to be performed by contractor
Female owned or controlled?
[]Yes []No
SUBCONTRACTORS
1)
Subcontractor Name
Address
Zip
Federal J.D. Number
$
Subcontract Amount
Minority owned or controlled?
Female owned or controlled?
Disabled Veteran owned or controlled?
[]Yes []No
[]Yes[]No
[]Yes []No
---------------------------------------------------------------------------------------
---------------------------------------------------------------------------------------
20
CDC 1999-32
Minority. Women and Disabled Veteran Owned Business Enterprises Participation (Continued)
2)
Subcontractor Name
Address
Zip
Federal LD. Number
$
Subcontract Amount
Minority owned or controlled?
Female owned or controlled?
Disabled Veteran owned or controlled?
[ ] Yes
[ ] Yes
[ ] Yes
[ ] No
[ ] No
[ ] No
3)
---------------------------------------------------------------------------------------
---------------------------------------------------------------------------------------
Subcontractor Name
Address
Zip
Federal LD. Number
$
Subcontract Amount
Minority owned or controlled?
Female owned or controlled?
Disabled Veteran owned or controlled?
[ ] Yes
[ ] Yes
[ ] Yes
[ ] No
[ ] No
[ ] No
4)
---------------------------------------------------------------------------------------
---------------------------------------------------------------------------------------
Subcontractor Name
Address
Zip
Federal LD. Number
$
Subcontract Amount
Minority owned or controlled?
Female owned or controlled?
Disabled Veteran owned or controlled?
[ ] Yes
[ ] Yes
[ ] Yes
[ ] No
[ ] No
[ ] No
5)
---------------------------------------------------------------------------------------
---------------------------------------------------------------------------------------
Subcontractor Name
Address
Zip
Federal LD. Number
$
Subcontract Amount
Minority owned or controlled?
Female owned or controlled?
Disabled Veteran owned or controlled?
[ ] Yes
[ ] Yes
[ ] Yes
[ ] No
[ ] No
[ ] No
6)
---------------------------------------------------------------------------------------
---------------------------------------------------------------------------------------
Subcontractor Name
Address
Zip
Federal LD. Number
$
Subcontract Amount
Minority owned or controlled?
Female owned or controlled?
Disabled Veteran owned or controlled?
[ ] Yes
[ ] Yes
[ ] Yes
[ ] No
[ ]No
[ ] No
---------------------------------------------------------------------------------------
---------------------------------------------------------------------------------------
7)
Subcontractor Name
Address
Zip
Federal LD. Number
$
Subcontract Amount
Minority owned or controlled?
Female owned or controlled?
Disabled Veteran owned or controlled?
[ ] Yes
[ ] Yes
[ ] Yes
[ ] No
[ ] No
[ ]No
---------------------------------------------------------------------------------------
---------------------------------------------------------------------------------------
8)
Subcontractor Name
Address
Zip
Federal LD. Number
$
Subcontract Amount
Minority owned or controlled?
Female owned or controlled?
Disabled Veteran owned or controlled?
[]Yes []No
[ ] Yes [ ] No
[]Yes []No
(Use additional copies of this form if needed to provide information on all subcontractors)
---------------------------------------------------------------------------------------
---------------------------------------------------------------------------------------
21
CDC 1999-32
Minority. Women and Disabled Veteran Owned Business Enterprise Participation (Continued)
San Bernardino County M/W /DVBE Policy and Goals
To receive the contract award as the lowest responsible bidder, the contractor must either: 1) meet the goals and
requirements established by the County relating to participation in the contract by MBE's, WBE's and DVBE's; or 2)
produce information to document a good faith effort, made by the bidder prior to the bid opening, to comply with those
goals and requirements. See Public Contracts Code, Section 2000 which specifies the actions required for a good faith
effort; or the federal regulations at 24 CFR Part 85, 36(e), Contracting With Small and Minority Firms, Women's Business
Enterprise and Labor Surplus Area Firms, for a listing of good faith effort actions required for federally funded or assisted
projects.
In compliance with the County's goal of achieving 15% participation of Minority Business Enterprise (MBE), 5%
participation of Women's Business Enterprise (WBE), and 3% participation of Disabled Veteran's Business Enterprise
(DVBE), the following analysis calls for information needed to assess the levels of participation provided by your bid. A
copy of the Policy and Goals is available from your County contracting department.
M/W/DVBE PARTICIPATION ANALYSIS
Divided By $
(Total Bid Amount)
Multiplied By 100 =
(Percentage of MBE
Participation)
$
(MBE Portion
ofTotal Bid)
Divided By $
(Total Bid Amount)
Multiplied By 100 =
(Percentage ofWBE
Participation)
$
(WBE Portion
ofTotal Bid)
Divided By $
(Total Bid Amount)
Multiplied By 100 =
(Percentage ofDVBE
Participation)
$
(DVBE Portion
ofTotal Bid)
If the percentage of MBE participation is less than 15% or the percentage of WBE participation is less than 5%, or the
percentage of DVBE participation is less than 3%, document the actions you took prior to the bid opening in making a
good faith effort and submit to the County Department a statement and supporting documentation as part of your bid
submittal.
Certification - The information above is true and complete to the best of my knowledge and belief.
Name and Title of Signer (please type)
Signature
Date
NOTE: Failure to complete and sign this form is cause for rejection of the bid as not being responsive or responsible.
Page 22 of 22
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