2019/01/06 City of Menifee Adams Street Improvements Phase 2THIS INTERDEPARTMENTAL COOPEPdTION AGREEMENT MEMORANDUM OF
LTNDERSTANDING ("Agreement"). entered this ftnqAYq-ll-----------, 2019 by and between the City of
Menifee Community Development Deparlment (herein calldd "Community Development Department")
and the City of Menifee Public Works/Engineering Department (herein called the "Department").
INTERDEPARTMENTAL COOPERATION AGREf, MENT
MEMORANDUM OF UNDERSTANDING (MOID
FOR
CITY OF MENIFEE
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
(ADAMS STREET IMPROVEMENTS PHASE II PROJECT)
WHEREAS, the City of Menifee participates in the Community Development Block Grant program
administered by the United States Department of Housing and Urban Development C'HUD") under Title I
of the Housing and community Development Act of 1974 (42 U.S.C. $S 5301 e, seq.) as amended from
time to time, and the regulations promulgated thereunder (24 c.F.R. $$ 570 e, seq.). Pursuant to the
Community Development Block Grant program, the City of Menifee receives funds from HUD ('CDBG
Funds") to be used for the support of community development activities that meet at least one ofthe three
national objectives ofthe program: (i) benefiting low and moderate income persons, (ii) preventing and
eliminating slums and blight, and (iii) addressing a community development need having a particular
urgency (collectively, the "National Objectives"); and
WHEREAS, Community Development Department wishes to engage the Department to assist the City of
Menifee in utilizing such CDBG Funds;
NOW, TI{EREFORE, it is agreed between the parties hereto that:
I. SCOPE OF SERVICE
The Department will be responsible for administering a Community Development Block Grant
C'CDBG) Year 2019120 activity/project(s) in a manner satisfactory to Community Development
Department and consistent with any standards required as a condition of providing these CDBG
Funds. Such activity/project(s) will include the following activities eligible under the CDBG
program:
The role and responsibilities ofeach ofthe departments involved in this MOU will be as follows:
Community Development Department: Comprehensive Administrative
Management, including, but not but not limited to:
o Project/Activity set-up in IDIS;
. Reporting requirements to HUD;o Preparation ofenvironmental review record (ERR);
r HUD requirements/forms for final bid packet;
. Attendance at pre-bid meeting for CDBG related regulations;
r Federal debarment review/check (Sam.gov);
. Attendance at pre-construction meeting for CDBG related topics/regulations;
o Review of payment requests:o IDIS drawdowns;
Project
SCAI,|IIEDGlt,07-0ol
A. Activities
Intcr-DcpartmcntMOU,CommunityDcvclopmcrt PublicWorks/Enginccring Novcmber 2019
o Administrative support to the Public Works/Engineering Department in the
implementation of the Adams Street Improvements Phase II Project
Community Development Department will retain the primary project files for future HUD review.
2. Public Works/Engineering Department: Comprehensive Project management, including but
not limited to:o Writlen Cost analysis/estimate:o Bid./Planspecifications;
o Coordination with Community Development to ensure all federal forms/requirements are
included in final bid packet;
o Labor compliance services solicitation coordination for project;
o Sealed bid procurement process including pre-bid meeting(s)
r AdvertisemenVsealed bid procurement on local newspaper; and minority newspapers;
o Advertisement ofproject on PlanetBids
. Bid opening and revie selection oflowest responsive bidder, DIR verification for bidders
o Collection and verification ofinsurance and bond requirements;
. Staff Report with Notice ofAward ofProject;
r DIR project registration within five (5) days of Notice ofAward;
. Pre-construction meeting, Notice to Proceed lssued, review of Labor Compliance
requirements
o Construction management including, including but not limited to project site inspections
during construction;. Project close-out, including, but not limited to staff report, Notice of Completion, project
close out documents, bond releases.
. Quarterly Progress Reports on project status submitted to Community Development
All project files will be kept and retained in a Project Construction Binder and a copy will be
remitted to Community Development Departmenl for CDBG Program files.
Program Delivery
Activity # I Adams Street Improvements Phase Il Project- (Located with income eligible
Target Areas, Census Tract No. 0427.30 Group l, see Attachment A, "Adams
Street Improvements Phase II Project Site Map") Perform improvements related
to and including the construction of sidewalk, related ADA ramps, curb cuts and
related improvements.
General Administration
Activity #2
L Establish financial and record keeping system for project.
2. Delay the commitment ofany funds until environmental review is completed
3. Complete applicable civil rights requirements.
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Such activity/project(s) will include the following activities eligible under the CDBG program:
Establish and maintain administrative, financial, reporting, and record keeping
systems consistent with the requirements of the CDBG program and other
applicable federal, state, and local requirements. These activities generally consist
of the following elements:
lnter-Dcpartmcnt MOU, Community Dcvclopment Public Works/Engincering Novembcr 2019
4. Follow the City of Menifee CDBG Procurement Procedures.
5. Comply with applicable federal labor standards on construction work.
6. Submit all payment requests and project reports to Community Development
Department.
7. Resolve all monitoring issues, if identified.
All activities funded with CDGB Funds must meet one of the CDBG program's National
Objectives: ( I ) benefit low- and moderate-income persons; (2) aid in the prevention or elimination
of slums or blight; or (3) address a community services need having a particular urgency, as defined
in 24 CFR 570.208.
The Departmenl cenifies that the activity(ies) carried out under this Agreement will meet the
following National Objective: benefit low- and moderate-income persons. The Adams Street
Improvements Phase II Project will involve the installation of permanent concrete sidewalks and
related improvements, construction ofADA ramps, curb cuts and related improvements, improving
pedestrian accessibility & safety. The neighborhoods served are primarily [ow- and moderate-
income persons according to the most recently available Low Moderate Income Statistical Data
from HUD. See Attachment B "City of Menifee Income Eligible Target Areas Map."
('Levels of Accomolishment Goals and Performance Measurcs
The Department agrees to provide the following levels ofprogram servtces
Activitv Units per Month l'otal Units/Year
Activity #l N/A I
The unit of measuremenl is the number of sidewalk improvement project(s) including estimated
ramps/improvemenls to be conslructed that will primarily serve low- and moderale-income
ho us e ho I ds/ n e i gh bo r h o ods.
D. Staffing
The Department shall assign staff as necessary to carry out the provisions of this Agreement.
Procurement of professional services and construction contracts shall meet the requirements of
federal, state, and local laws, and this Agreement.
E. Performance Monitoring
Community Development Department will monitor the performance of the Department against
goals and performance standards as stated above. Substandard performance as determined by
Community Development Department will constitute noncompliance with this Agreement. If
action to correct such substandard performance is not taken by the Department within a reasonable
period of time after being notified by Community Development Department, contract suspension
or termination procedures will be initiated.
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B. National Objectives
Inter-Dcpartmcnt MOU, Community Dcvclopmcnt Public Works/[lnginccring Novcmbcr 2019
II. TIMI.] OI- PERFORMANCI]
Services of the Department shall start on the lstday of July 2019, and end on the 3l" day of
December, 2020. The term ofthis Agreement and the provisions herein shall be extended to cover
any additional time period during which the Department remains in control of CDBG Funds or
other CDBG assets. including program income.
III. BUDGE,T (CDBG FUNDS ONLY)
Line ltem Amount (CDBG)Total Proiecl
Salaries
Staff
Legal Services
Fringe
Design/Engineering
Construction
Communications
Other (Specify)
Labor Compliance
lndirect Costs (Soecifo)
0.00
0.00
0.00
7 |,025.00
245,714.48
0.00
0.00
0.00
0.00
7 r,025.00
7 50,714.48
0.00
I 1,000.00
0.00
l1,000.00
0.00
TOL'AI,s327,739.48 $832,739.48
Any indirect costs charged musl be consistent with the conditions of Paragraph VIII(C)(2) of this
Agreement. In addition, Community Development Department may require a more detailed budget
breakdown than the one contained herein, and the Department shall provide such supplementary
budget information in a timely fashion in the form and content prescribed by Community
Development Department. Any amendments to the budget must be approved in writing by both
Community Development Department and the Department.
It is expressly agreed and understood that the total amounl to be paid by Community Development
Deparlment under this Agreement shall not exceed Three Hundred Twenty Seven Thousand,
Seven Hundred Thirty Nine Dollars and Forty Eight Cents ($327,739,48). Drawdowns for the
payment of eligible expenses shall be made agarnst the line item budgets specified in Paragraph lll
herein and in accordance with performance. Expenses for general administration shall also be paid
against the line item budgets specified in Paragraph III herein and in accordance with performance.
Notices required by this Agreement shall be in writing and delivered via inter-department mail or
sent by e-mail. Any notice delivered or sent as aforesaid shall be elfective on the date ofdelivery
or sending. All notices and other written communications under this Agreement shall be addressed
to the individuals in the capacities indicated below, unless otherwise modified by subsequent
written notice.
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IV. PAYMENT
V. NOTICES
lntcr-Dcpartment MOU, Community Devclopmcnt Public WorkVEngineering Novcmbcr 2019
Communication and details conceming this Agreement shall be directed to the lollowing contract
representatives:
Cheryl Kitzerow
Community Development Director
Community Development Department
29714 Haun Road
Menifee, CA 92586
(9st) 672-6777
Fax: (951) 679-3843
Email : ckitzerow@cityofmenifee.us
Jonathan Smith
City Engineer/Public Works Director
Engineering/Public Works Department
29714 Haun Road
Menifee, CA 92586
(9st) 672-6777
Fax: (951) 679-3843
Email: jsmith@cityofmenifee.us
The Department agrees to comply with the requirements of24 CFR Part 570 (the HUD regulations
conceming Community Development Block Grants) including subpart K of these regulations,
except that (1) the Department does not assume the environmental responsibilities described in 24
CFR 570.604 and (2) the Department does not assume the responsibility for initiating the review
process under the provisions of24 CFR Part 52. The Department also agrees to comply with all
other applicable federal, state, and local laws, regulations, and policies goveming the funds
provided under this A$eement. The Department further agrees to utilize funds available under this
Agreement to supplement rather than supplant funds otherwise available.
B. Grant Recoqnition
The Department shall insure recognition of the role of the CDBG program in providing sewices
through this Agreement. All activities, facilities, and items utilized pursuant to this Agreement
shall be prominently labeled as to funding source. [n addition, the Department will include a
reference to the support provided herein in all publications made possible with funds made
available under this Agreement.
Community Development Department or the Department may amend this Agreement at any time
provided that such amendments make specific reference to this A$eement, and are executed in
writing, signed by the contract representatives, and approved by the City Attomey. Such
amendments shall not invalidate this Agreement, nor relieve or release Community Development
Department or the Department from its obligations under this Agreement.
Community Development Department may, in its discretion, amend this Agreement to conform
with Federal, state or local governmental guidelines, policies and available funding amounts, or for
other reasons. If such amendments result in a change in the funding, the scope of services, or
5
Community Development Department Department
VI. SPECIAL CONDITIONS
(None)
VII. GENERALCONDITIONS
A. General Compliance
C. Amendments
Inter-Dcpaltm cnt MOU, Community Devclopment Public Works/Enginccring Novembcr 2019
schedule of the activities to be undertaken as part of this Agreement, such modihcations will be
incorporated only by written amendment signed by both Community Development Department and
the Department-
In accordance with 2 CFR 200.338 - 200.342, Community Development Department may suspend
or terminate this Agreement if the Department materially fails to comply with any terms of this
Agreement, which include (but are not limited to) the following:
1 . Failure to comply with any ofthe rules, regulations or provisions referred to herein,
or such statutes, regulations, executive orders, and HUD guidelines, policies or
directives as may become applicable at any time;
Failure, for any reason, ofthe Department to fulfill in a timety and proper manner
its obligatrons under this Agreement;
lneffective or improper use of funds provided under this Agreement; or
Submission by the Department to Community Development Department reports
that are incorrect or incomplete in any material respect.
Altematively, this Agreement may be terminated for convenience by either Community
Development Department or the Department, in whole or in part, by setting forth the reasons for
such termination, the effective date, and, in the case of partial termination, the portion to be
terminated. However, if in the case of a partial termination, Community Development Department
determines that the remaining portion ofthe funds will not accomplish the purpose for which the
award of funds was made, Community Development Department may terminate this Agreement in
its entirety.
VIII. ADMINISTRATIVEREOUIREMENTS
A Financial Manaeement
l. AccountingStandards
The Department agrees to comply with 2 CFR 200.300 - 200.309, 200.327 - 200.329, and
200.333, which includes adhering to the accounting principles and procedures required
therein, utilizing adequate intemal controls, and maintaining necessary source
documentation for all costs incurred.
2. Cost Princioles
The Department shall administer its program in conformance with OMB Circular A-87,
"Cost Principles for State, Local, and lndian Tribal Governments", as applicable. These
principles shall be applied for all costs incurred whether charged on a direct or indirect
basis.
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3
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D. Susoension or Termination
lntcr-Department MOU, Community Development Public Works/Engineering Novcmbcr 2019
B. Documentation and Record Keepine
l. Records to be Maintained
The Department shall maintain al1 records required by the Federal regulations specified in
24 CFR 570.506 that are pertinent to the activities to be funded under this Agreement.
Such records shall include but not be limited to:
Records providing a full description ofeach activity undertaken;
Records demonstrating that each activity undertaken meets one of the
National Objectives ofthe CDBG program;
Records required to determine the eligibility of activities;
Records required to document the acquisition, improvement, use or
disposition ofreal property acquired or improved with CDBG assistance;
Records documenting compliance with the fair housing and equal
opportunity components ofthe CDBG program;
Financial records as required by 24 CFR 570.502, and 24 CFR 85.21-26;
and
Other records necessary to document compliance with Subpart K of 24
CFR Part 570.
2. Retention
The Department shall retain all financial records, supporting documents, statistical records,
and all other records pertinent to this Agreement for a period of five (5) years. The
retention period begins on the date of the submission of the City of Menifee's annual
performance and evaluation report to HUD in which the activities assisted under the
Agreement are reported on for the final time. Notwithstanding the above, if there is
litigation, claims, audits, negotiations, or other actions that involve any ofthe records cited
and that have started before the expiration ofthe four-year period, then such records must
be retained until completion ofthe actions and resolution of all issues, or the expiration of
the four-year period, whichever occurs later.
3. Client Data
The Department shall maintain client data demonstrating client eligibility for services
provided. Such data shall include, but not be limited to, client name, address, income level
or other basis for determining eligibility, and description of service provided. Such
information shall be made available to Community Development Department monitors or
their designees for review upon request.
4.Disclosure
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The Department understands that client information collected under this Agreement is
private and the use or disclosure of such information, when not directly connected with the
administration of Community Development Department's or the Department's
responsibilities with respect to services provided under this Agreement, is prohibited unless
wfitten consent is obtained from such person receiving service and, in the case ofa minor,
that of a responsible parent/guardian.
a.
b.
c.
d.
e.
f.
lnter-Department MOU, Community Development Public Works/Engineering Novcmber 2019
5. Close-outs
The Department's obligation to Community Development Department shall not end until
all close-out requirements are completed. Activities during this close-out period shall
include, but are not limited to: making final payments, disposing of program assets
(including the retum ofall unused materials, equipment, unspent cash advances, program
income balances, and accounts receivable to Community Development Department), and
determining the custodianship ofrecords. Notwithstanding the foregoing, the terms ofthis
Agreement shall remain in effect during any period that the Department has control over
CDBG Funds, including program income.
All Department records with respect to any matters covered by this A$eement shall be
made available to Community Development Department, the grantor agency, and the
Comptroller General ofthe United States or any oftheir authorized representatives, at any
time during normal business hours, as often as deemed necessary, to audit, examine, and
make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports
must be fully cleared by the Department within thirty (30) days after receipt by the
Department. Failure of the Department to comply with the above audit requirements will
constitute a violation of this Agreement and may result in the withholding of future
payments.
C. Reoortins and Pavment Procedures
l. Proqram Income
The Department shall report annually all program income (as defined at 24 CFR
570.500(a)) generated by activities carried out with CDBG Funds made available under
this Agreement. The use of program income by the Department shall comply with the
requirements set forth at 24 CFR 570.504. By way of further limitations, the Department
may use such income during the term ofthis Agreement for activities permitted under this
Agreement and shall reduce requests for additional funds by the amount of any such
program income balances on hand. All unexpended program income shall be returned to
Community Development Department at the end of the term of this A$eement. Any
interest eamed on cash advances from the U.S. Treasury and from funds held in a revolving
fund account is not program income and shall be remitted promptly to Community
Development Department.
If indirect costs are charged, the Department will develop an indirect cost allocation plan
for determining the appropriate Department's share of administrative costs and shall submit
such plan to Community Development Department for approval, in a form specified by
Community Development Department. The Department's indirect cost allocation plan will
conform to the requirements of 2 CFR 200.417.
Community Development Department will pay to the Department funds available under
this Agreement based upon information submitted by the Department and consistent with
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6. Audits & Inspections
2. Indirect Costs
3. Pavment Procedures
Inter-Dcpartment MOU, Community Dcvelopmcnt PublicWorkVEngineering Novcmbcr 2019
4.Prosress ReDorts
The Department shall submit regular progress reports to Community Development
Department in the form, content, and frequency as required by Community Development
Department.
l. Compliance
The Department shall comply with current Community Development Department policy
conceming the purchase of equipment and shall maintain inventory records of all non-
expendable personal property as defined by such policy as may be procured with funds
provided herein. All program assets, including unexpended program income, property, and
equipment, shall revert to Community Development Depadment upon termination or
expiration of this Agreement.
2. OMB Standards
Unless specified otherwise within this Agreement, the Department shall procure all
materials, property, or services in accordance with the requirements of
2CFR200.317 200.326.
The Department shall obtain wrinen approval lrom Community Development Department
for any travel outside the metropolitan area with funds provided under this Agreement.
The use and disposition of real property and equipment under this Agreement shall be in
compliance with the requirements of 2 CFR Part 200 and 24 CFR 570.502, 570.503, and
570.504, as applicable, which include but are not limited to the following:
'fhe Department shall transfer to Community Development Department any
CDBG Funds on hand and any accounts receivable attributable to the use ofCDBG
Funds under this Agreement at the time ofexpiration, cancellation, or termination.
Real propeny under the Department's control that was acquired or improved, in
whole or in part, with funds under this Agreement in excess of 525,000 may not
change the use from that for which the acquisition or improvement was made
unless affected citizens are provided with reasonable notice of, and opportunity to
any approved budget and Community Development Department policy conceming
payments. With the exception of certain advances, payments will be made lor eligible
expenses actually incurred by the Department, and not to exceed actual cash requirements.
Payments will be adjusted by Community Development Department in accordance with
advance fund and program income balances available in Department accounts. In addition,
Community Development Department reserves the right to liquidate funds available under
this Agreement for costs incurred by Community Development Department on behalfof
the Department.
D. Procurement
3. Travel
E. Use and Reversion ofAssets
1.
2.
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lntcr-Department MOU, Community Developmcnt Publia Works/Engineering Novcmbcr 2019
comment on, any proposed change, and the new use of such property qualifies as
meering one ofthe CDBG National Objectives pursuant to 24 CFR 570.208. If
the Department fails to use CDBG-assisted real property in a manner that meets a
CDBG National Objective, the Department shall pay Community Development
Department an amount equal to the current fair market value of the property less
any portion ol the value attributable to expenditures of non-CDBG funds for
acquisition of, or improvement to, the property. Such payment shall constitute
program income to Community Development Department. The real property
acquired or improved under this Agreem€nt will no longer be subject to any
CDBG requirements at such time as five years after the closeout of the City of
Menifee's participation in the entitlement CDBG Program.
In all cases in which equipment acquired, in whole or in part, with funds under this
Agreement is sold, the proceeds shall be program income (prorated to reflect the
extent to that funds received under this Agreement were used to acquire the
equipment). Equipment not needed by the Department for activities under this
Agreement shall be (a) transfened to Community Development Department for the
CDBG program or (b) retained by the Department after compensating Community
Development Department in an amount equal to the current fair market value of
the equipment less the percentage of non-CDBG funds used to acquire the
equipment.
IX. RELOCATION. REAL PROPERTY ACQ UISITION A\D ONE.FOR-ONE HOUSING
REPLACEMENT
The Deparlmenl agrees to comply with (a) the Uniform Relocation Assistance and Real Prope(y
Acquisition Policies Act of 1970, as amended (URA), and implementing regulations at 49 CFR
Part 24 and 24 CFR 570.606(b); (b) the requirements of 24 CFR 570.606(c) goveming the
Residential Anti-displacement and Relocation Assistance Plan under Section 104(d) of Title I of
the Housing and Community Development Act of 1974 as amended ("HCDA"); and (c) the
requirements in 24 CFR 570.606(d) governing optional relocation policies. The Department shall
provide relocation assistance to displaced persons as defined by 24 CFR 570.606(bX2) that are
displaced as a direct result of acquisition, rehabilitation, demolition, or conversion for a CDBG-
assisted project. The Department also agrees to comply with applicable Community Development
Department or City of Menifee ordinances, resolutions, and policies conceming the displacement
ofpersons from their residences.
Civil Rights
1. Compliance
The Department agrees to comply with local and state civil rights ordinances and wilh
Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of
1968 as amended, Section 104(b) and Section 109 ofTitle I ofthe HCDA, Section 504 of
the Rehabilitation Act of 1973, as amended, the Americans with Disabilities Act of 1990,
as amended, the Age Discrimination Act of 1975, as amended, Executive Order I 1063, and
Executive Order I 1246 as amended by Executive Orders I 1375, I 1478, 12107, and 12086.
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X. PERSONNEL & PARTICIPANT CONDITIONS
Intcr-Dcpartment MOU, Community Dcvclopmcnt Public Works/Engineering Novcmbcr 2019
2. NondiscriminaLtion
The Department agrees to comply with the non-discrimination in employment and
contracting opportunities laws, regulations, and executive orders referenced in
24 CFR 570.607, as revised by Executive Order 13279. The applicable non-discrimination
provisions in Section 109 of Title I ofthe HCDA are still applicable.
3. Land Covenants
This Agreement is subject to the requirements of Title vl ofthe Civil Rights Act of 1964
(P. L. 88-352) and 24 CFR 570.601 and 570.602. In regard to the sale, lease, or other
transfer of land acquired, cleared or improved with assistance provided under this
Agreement, the Department shall cause or require a covenant running with the land to be
inserted in the deed or lease for such transfer, prohibiting discrimination as herein defined,
in the sale, lease or rental, or in the use or occupancy of such land, or in any improvements
erected or to be erected thereon, provrding that the City of Menifee and the United States
are beneficiaries ofand entitled to enforce such covenants. The Department, in undertaking
its obligation to carry out the program assisted hereunder, agrees to take such measures as
are necessary to enforce such covenant, and will not itself so discriminate.
The Department agrees to comply with all Federal regulations issued pursuant to authority
granted by Section 504 of the Rehabilitation Act of 1973, as amended, which prohibits
discrimination against the individuals with disabilities or handicaps in any Federally-
assisted program or activity. Community Development Department shall provide the
Department with any guidelines necessary for compliance with that portion of the
regulations in force during the term ofthis Agreement.
l.Approvcd Plan
The Department agrees that it shall be committed to carry out pursuant to Community
Development Department's specifications an Affirmative Action Program in keeping with
the principles as provided in President's Executive Order I 1246 of September 24, 1965.
2. Womcn- and Minority-Owned Busincsscs (W/MBIT)
The Department will use its best elforts to afford small businesses, minority business
enterprises, and women's business enterprises the maximum practicable opportunity to
participate in the performance of this Agreement. As used in this Agreement, the terms
"small business" means a business that meets the criteria set forth in section 3(a) of the
Small Business Act, as amended (15 U.S.C. 632), and "minority business enterprises and
women's business enterprises" mean businesses at least fifty-one (5 I ) percent owned and
controlled by minority group members or women. For the purpose of this definition,
"minority group members" are Afro-Americans, Spanish-speaking, Spanish sumamed or
Spanish-heritage Americans, Asian-Americans, and American lndians. The Department
may rely on written representations by businesses regarding their status as minority and
female business enterprises in lieu ofan independent investigation.
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4. Section 504
B. Alfirmative Action
Intcr-Department MOU, Community Developmcnt Public Works/Enginecring Novembcr 2019
The Department shall fumish and cause each of its own divisions or subcontractors to
furnish all information and reports required hereunder and will permit access to its books,
records and accounts by Community Development Department, HUD or its agent, or other
authorized Federal officials lor purposes of investigation to ascertain compliance with the
rules, regulations and provisions stated herein.
4. Notifications
'l'he Department will send to each labor union or representative of workers with which it
has a collective bargaining agreement or other contract or understanding, a notice, to be
provided by the agency contracting officer, advising the labor union or worker's
representative of the Department's commitments hereunder, and shall post copies of the
notice in conspicuous places available to employees and applicants for employment.
ual
'l-he Department will, in all solicitations or advefiisements for employees placed by or on
behalf of the Department, state that it is an Equal Opportunity or Affirmative Action
employer.
6.Subcontract Provisions
The Department will rnclude the provisions of Paragraphs X.A, Civil Rights, and B,
Affirmative Action, in every subcontract or purchase order, specifically or by reference, so
that such provisions will be binding upon each of its own divisions or subcontractors.
Prohibited Activiry
The Department is prohibited from using funds provided herein or personnel employed in
the administration ofthe program for: political activities; inherently religious activities;
lobbying; political patronage; and nepotism activities.
The Department agrees to comply with the requirements of the Secretary of Labor in
accordance with the Davis-Bacon Act as amended, the provisions ofContract Work Hours
and Safety Standards Act (40 U.S.C .327 et seq.) and all other applicable Federal, state and
local laws and regulations pertaining to labor standards insofar as those acts apply to the
performance of this Agreement. The Department agrees to comply with the Copeland
Anti-Kick Back Act (18 U.S.C. 874 et seq.) and its implementing regulations of the U.S.
Department ofLabor at 29 CFR Part 5. The Department shall maintain documentation that
demonstrates compliance with hour and wage requirements of this part. Such
documentation shall be made available to Community Development Department for review
upon request.
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3. Access to Records
C. Employment Restrictions
2. Labor Standards
Inter-Depa rtment MOU, Community Development Public Works/Engineering November 2019
The Department agrees that, except with respect to the rehabilitation or construction of
residential property containing less than eight (8) units, all contractors engaged under
contracts in excess of $2,000.00 for construction, renovation or repair work Community
Developmentd in whole or in part with assistance provided under this Agreement, shall
comply with federal requirements adopted by Community Development Department
pertaining to such contracts and with the applicable requirements ofthe regulations ofthe
Department of Labor, under 29 CFR Parts l, 3, 5 and 7 governing the payment of wages
and ratio ofapprentices and trainees to joumey workers; provided that, if wage rates higher
than those required under the regulations are imposed by state or local law, nothing
hereunder is intended to relieve the Department of its obligation, ifany, to require payment
ofthe higher wage. The Department shall cause or require to be inserted in full, in all such
contracts subject to such regulations, provisions meeting the requirements of this
paragraph.
3. "Section 3" Clause
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a. Compliance
Compliance with the provisions ofSection 3 ofthe HUD Act of 1968, as amended,
and as implemented by the regulations set forth in 24 CFR 135, and all applicable
rules and orders issued hereunder prior to the execution of this Agreement, shall
be a condition of the Federal financial assistance provided under this Agreement
and binding upon Community Development Department, the Department and any
of the Department's divisions and subcontractors. Failure to fulfill these
requirements shall subject Community Development Depadment, the Department
and any of the Department's divisions and subcontractors, their successors and
assigns, to those sanctions specified by this Agreement through which Federal
assistance is provided. The Department certifies and agrees that no contractual or
other disability exists that would prevent compliance with these requirements.
The Department further agrees to comply with these "Section 3" requirements and
to include the language required by 2 CFR 135.38 in all subcontracts executed
under this Agreement.
The Department further agrees to ensure that opportunities for training and
employment arising in connection with a housing rehabilitation (including
reduction and abatement of lead-based paint hazards), housing construction, or
other public construction project are given to low- and very low-income persons
residing within the metropolitan area in which the CDBG-funded project is
located; where feasible, priority should be given to low- and very low-income
persons within the service area of the project or the neighborhood in which the
project is located, and to low- and very low-income participants in other HUD
programs; and award contracts for work undertaken in connection with a housing
rehabilitation (including reduction and abatement of lead-based paint hazards),
housing construction, or other public construction project to business concems that
provide economic opporhrnities for low- and very low-income persons residing
within the metropolitan area in which the CDBG-funded project is located; where
feasible, priority should be given to business concems that provide economic
opportunities to low- and very low-income residents within the service area or the
neighborhood in which the project is located, and to low- and very low-income
participants in other HUD programs.
Inter-Department MOU, Community Dcvelopment - Public WorkVEnginecring Novcmbcr 2019
The Department certifies and agrees that no contractual or other legal incapacity
exists that would prevent compliance with these requirements.
b. Notifications
The Department agrees to send to each labor organization or representative of
workers with which it has a collective bargaining agreement or other contract or
understanding, if any, a notice advising said labor organization or worker's
representative of its commitments under this Section 3 clause and shall post copies
of the notice in conspicuous places available to employees and applicants for
employment or training.
Subcontractsc
The Department will include this Section 3 clause in every subcontract and will
take appropriate action pursuant to the subcontract upon a finding that the
subcontractor is in violation of regulations issued by HUD. The Department will
not subcontract with any entity where it has notice or knowledge that the latter has
been found in violation ofregulations under 24 CFR Part 135 and will not let any
subcontract unless the entity has first provided it with a preliminary statement of
ability to comply with the requirements of these regulations.
D. Conduct
l. Assisnability
Approvalsa
The Department shall not enter into any subcontracts wrth any agency or individual
in the performance of this Agreement without the written consent of Community
Development Department prior to the execution of such subcontracts.
The Department will monitor all subcontracted services on a regular basis to assure
contract compliance. Results of monitoring efforts shall be summarized in written
reports and supported with documented evidence of follow-up actions taken to
correct areas of noncompliance.
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The Department shall not assign or transfer any interest in this Agreement without the prior
written consent of Community Development Department thereto; provided, however, that
claims for money due or to become due to the Department from Community Development
Department under this Agreement may be assigned to a banh trust company, or other
financial institution without such approval. Notice ofany such assignment or transfer shall
be fumished promptly to Community Development Department.
2. Subcontracts
b. Monitorine
c.Content
lntcr-Dcpartment MOtJ, Community Devclopmcnt Public WorkVEnginccring November 2019
3,
d Selection Process
The Department shall undertake to insure that all subcontracts let in the
performance of this Agreement shall be awarded on a fair and open competition
basis in accordance with applicable procurement requirements. Executed copies
of all subcontracts shall be forwarded to Community Development Department
along with documentation conceming the selection process.
IIatch Act
The Department agrees that no funds provided, nor personnel employed under this
Agreement, shall be in any way or to any extent engaged in the conduct of political
activities in violation of Chapter l5 of Title V of the U.S.C.
4. Conflict of Interest
The Department agrees to abide by the provisions of24 CFR 570.611, which include (but
are not limited to) the following:
The Department shall maintain a written code or standards ofconduct that
shall govem the performance of its officers, employees or agents engaged
in the award and administration of contracts supported by Federal funds.
No employee, officer or agent ofthe Department shall participate in the
selection, or in the award, or administration of, a contract supported by
Federal funds ifa conflict of interest, real or apparent, would be involved.
No covered persons who exercise or have exercised any functions or
responsibilities with respect to CDBG-assisted activities, or who are in a
position to participate in a decision-making process or gain inside
inlormation with regard to such activities, may obtain a financial interest
in any contract, or have a financial interest in any contract, subcontract, or
agreement with respect to the CDBG-assisted activity, or with respect to
the proceeds lrom the CDBG-assisted activity, either for themselves or
those with whom they have business or immediate family ties, during their
tenure or for a period ofone (l) year thereafter. For purposes of this
paragraph, a "covered person" includes any person who is an employee,
agent, consultant, officer, or elected or appointed official of the City of
Menifee, the Department, or any designated public agency.
5. Lobb),inq
The Department hereby certifies that
No Federal appropriated funds have been paid or will be paid, by or on
behalf of it, to any person for influencing or attempting to influence an
olficer or employee ofany agency, a Member of Congress, an officer or
a.
b
c
a
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The Department shall cause all of the provisions of this Agreement in its entirety
to be included in and made a part ofany subcontract executed in the perforrnance
ofthis Agreement.
Inter-Department MOU, Community Development Public WorkVEnginccring Novcmbcr 2019
employee of Congress, or an employee ol a Member of Congress in
connection with the awarding ofany Federal contract, the making ofany
Federal grant, the making of any Federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement;
It will require that the language of paragraph (d) of this certification be
included in the award documents for all subawards at all tiers (including
subcontracts, subgrants, and contracts under grants, loans, and cooperative
agreements) and that all Departments shall certify and disclose
accordingly:
d. Lobbvins Certificalrol
This certification is a material representation of fact upon which reliance
was placed when this transaction was made or entered into. Submission
of this certification is a prerequisite for making or entering into this
transaction imposed by section 1352, title 31, U.S.C. Any person who
fails to file the required certification shall be subject to a civil penalty of
not Iess than $ 10,000 and not more than $ 100,000 for each such failure.
6. Cooyright
Ifthis Agreement results in any copyrightable material or inventions, the City of Menifee
and/or HUD reserves the right to royalty-free, non-exclusive and irrevocable license 1o
reproduce, publish or otherwise use and to authorize others to use, the work or materials
for govemmental purposes.
7. Relieious Activities
The Department agrees that funds provided under this Agreement will not be utilized for
inherently religious activities prohibited by 24 CFR 570.2000), such as worship, religious
instruction, or proselyization.
A. Air and Water
The Department agrees to comply with the following requirements insofar as they apply to the
performance of this Agreement:
Clean Air Act, 42 U.S.C. ,7401, et seq.i
b
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b.lfany funds other than Federal appropriated funds have been paid or wrll
be paid to any person for influencing or attempting to influence an officer
or employee ofany agency, a Member ofCongress, an officer or employee
of Congress, or an employee ofa Member ofCongress in connection with
this Federal contracl, grant, loan, or cooperative ageement, it will
complete and submit Standard Form-LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions; and
c.
XI. ENVIRONMEN'I'ALCONDITIONS
Inter-Departmcnt MOU, Community Dcvclopment - Public Works/Engineering November 2019
In accordance with the requirements ofthe Flood Disaster Protection Act of 1973 (42 U.S.C. 4001),
the Department shall assure that for activities localed in an area identified by the Federal
Emergency Management Agency ("FEMA") as having special flood hazards, flood insurance under
the National Flood Insurance Program is obtained and maintained as a condition of financial
assistance for acquisition or construction purposes (including rehabilitation).
C. Lead-Based Paint
The Department agrees that any construction or rehabilitation of residential structures with
assistance provided under this Agreement shall be subject to HUD Lead-Based Paint Regulations
at 24 CFR 570.608, and 24 CFR Part 35, Subpart B.
D. HistoricPreservation
The Department agrees to comply with the historic preservation requirements set forth in the
National Historic Preservation Act of 1966, as amended (16 U.S.C.470) and the procedures set
forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection of
Historic Properties, insofar as they apply to the performance of this Agreement.
In general, this requires concurrence from the State Historic Preservation Officer for all
rehabilitation and demolition of historic properties that are fifty years old or older or that are
included on a federal, state, or local historic property list.
XII. SEVERABILITY
If any provision of this Agreement is held invalid, the remainder of the Agreement shall not be
affected thereby and all other parts ofthis Agreement shall nevertheless be in full force and effect.
XIII. SE,CTION HEADINGS AND SUBHEADINGS
The section headings and subheadings contained in this Agreement are included for convenience
only and shall not limit or otherwise affect the terms ofthis Agreement.
Community Development Department's failure to act with respect to a breach by the Department
does not waive its right to act with respect to subsequent or similar breaches. The failure of
Community Development Department to exercise or enforce any right or provision shall not
constitute a waiver of such right or provision.
XV. ENTIRE AGREEMENT
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Federal Water Pollution Control Act, as amended, 33 U.S.C., 1251, et seq , as
amended, l3l8 relating to inspection, monitoring, entry, reports, and information, as
well as other requirements specified in said Section 114 and Section 308, and all
regulations and guidelines issued thereunder; and
Environmental Protection Agency (EPA) regulations pursuant to 40 CFR Part 50, as
amended.
B. Flood Disaster Protection
XIV. WAIVER
Inter-Dcpartment MOU, Community Devcl mcnt Public WorkVE Novcmbcr 2019
This agreement constitutes the entire agr€ement between Community Development Department
and the Department for the use of funds received under this Agreement and it supersedes all prior
or contemporaneous communications and proposals, whether electronic, oral, or written between
Community Development Department and the Department with respect to this Agreement.
Date
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above
Community Development artment Public Works/E
By By
Cheryl Kitzerow.rty Development Director J Smith, City Engineer/Director of Public Works
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