HomeMy Public PortalAboutRES-CC-2014-30Resolution #30-2014
A RESOLUTION APPROVING A CONTRACT BY AND BETWEEN THE CITY OF MOAB AND THE
DEPARTMENT OF WORKFORCE SERVICES — COMMUNITY DEVELOPMENT BLOCK GRANT
PROGRAM FOR THE VIRGINIAN APARTMENT HVAC AND ROOFING PROJECT
Whereas, the governing body of the City of Moab desires to approve an agreement with the
Department of Workforce Services — Community Development Block Grant Program to fund the
Virginian Apartment HVAC and Roofing Project; and
Whereas, the Contract has been presented to this meeting of the City Council.
NOW THEREFORE, WE, THE GOVERNING BODY OF THE CITY OF MOAB DO HEREBY APPROVE
THE CONTRACT IN SUBSTANTIALLY THE FORM PRESENTED TO THIS MEETING OF THE CITY
COUNCIL, AND AUTHORIZE THE APPROPRIATE INDIVIDUALS TO EXECUTE AND DELIVER SAID
AGREEMENT.
This resolution shall take effect immediately upon passage.
Passed and adopted by action of the Governing Body of Moab City in open session this
24th day of June, 2014.
CITY OF MOAB
By:
Attest:
Rachel E. Stenta
City Recorder �-
David L. Sakrison
Mayor
Resolution #30-2014
Page 1 of 1
CONTRACT NO.
CONTRACTOR:
Moab City
VENDOR NO.
58062A
PROJECT NAME:
Virginian Apartment HVAC and Roofing
Project
AWARD NUMBER:
B-14-DC-49-0001
B-14-DC-49-0001
CFDA #/TITLE:
14.228 Community Development Block Grant
CONTRACT ORIGINATOR:
Glenna Matekel
FEDERAL AGENCY:
HUD
CONTRACT
DEPARTMENT OF WORKFORCE SERVICES
HOUSING & COMMUNITY DEVELOPMENT DIVISION
1385 S. State, Salt Lake City, UT 84115
1. PARTIES: This contract is between the Department of Workforce Services:
Community Development Block Grants (CDBG)
(Board or Program)
Referred to as STATE, and the following CONTRACTOR
Moab City
Name
217 E Center St.
Address
Moab Utah
City State
David Olsen 435-259-5129
Contact
84532
Zip
435-259-4135
Phone # Fax #
2. GENERAL PURPOSE OF CONTRACT:
CDBG grant funds will be used rehab of eight units at the Virginian Apts.
3. CONTRACT PERIOD: Commencing on 07/01/2014 and terminating on 12/31/2015
4. CONTRACT COSTS: CONTRACTOR will be paid a maximum of $129,000.00 , pursuant to the
budget attached hereto as Attachment C
5. ATTACHMENTS:
• ATTACHMENT A — GENERAL PROVISIONS
• ATTACHMENT B - PROGRAM TERMS AND CONDITIONS
• ATTACHMENT C — BUDGET
• ATTACHMENT D — SCOPE OF WORK
ATTACHMENT E — FEDERAL ASSURANCES/CERTIFICATIONS
• ATTACHMENT - FFATA
Execution
IN WITNESS WHEREOF, the parties sign and cause this contract to be effective as of the
date indicated below by the Utah State Division of Finance.
CONTRACTOR
APPROVED:
Moab City
Signature
. f'T eftLi
Name
Title
STATE
APPROVED: HOUSING & COMMUNITY
DEVELOPMENT DIVISION
BY:
Gordon D. Walker
WITNESS APPROVED - DIVISION OF FINANCE
BY:
C lV�-�� 1�� Cl GIN414/, Execution Date:
i
Name and Title
1.
ATTACHMENT A
GENERAL PROVISIONS FOR HOUSING & COMMUNITY DEVELOPMENT DIVISION AGREEMENTS
AUTHORITY: Provisions of this contract are pursuant to the authority set forth in Section 63G-6a, Utah
Code, as amended, Utah State Procurement Rules (Utah Administrative Code Section R33), and related
statutes which permit the STATE to purchase certain specified services, and other approved purchases
by the STATE.
2. CONTRACT JURISDICTION, CHOICE OF LAW AND VENUE: The provisions of this contract shall be
governed by the laws of the State of Utah. The parties will submit to the jurisdiction of the courts of the
State of Utah for any dispute arising out of this Contract or the breach thereof. Venue shall be in Salt
Lake City, in the Third Judicial District Court for Salt Lake County.
3. LAWS AND REGULATIONS: The CONTRACTOR and any and all supplies, services, equipment, and
construction proposed and furnished under this contract will comply fully with all applicable Federal and
State laws and regulations including applicable licensure and certification requirements.
4. PROJECT COMPLETION: shall complete the project described in Attachment D - Scope of Work within
the contract period shown on page 1 of this Contract.
5. RECORDS ADMINISTRATION: The CONTRACTOR shall maintain, or supervise the maintenance of all
records necessary to properly account for the payments made to the CONTRACTOR pursuant to this
Contract. The records shall be retained by the CONTRACTOR for at least four years after the Contract
terminates, or until all audits initiated within the four years, have been completed, whichever is later. The
CONTRACTOR agrees to allow State and Federal auditors, and State Agency Staff, access to all
records related to this Contract, for audit, inspection, and monitoring of services. Such access will be
during normal business hours, or by appointment.
6. CONFLICT OF INTEREST: CONTRACTOR represents that none of its officers or employees are
officers or employees of the State of Utah, unless disclosure has been made in accordance with §67-16-
8, Utah Code Annotated, 1953, as amended. CONTRACTOR certifies that it has not offered or given
any gift or compensation prohibited by the laws of the State of Utah to any officer or employee of the
STATE or participating political subdivisions to secure favorable treatment with respect to being
awarded this contract.
7. CONTRACTOR AN INDEPENDENT CONTRACTOR: The CONTRACTOR shall be an independent
CONTRACTOR, and as such, shall have no authorization, express or implied, to bind the STATE to any
agreements, settlements, liability, or understanding whatsoever, and agrees not to perform any acts as.
agent for the STATE, except as herein expressly set forth. Compensation stated herein shall be the total
amount payable to the CONTRACTOR by the STATE. The CONTRACTOR shall be_tesponsible for the
payment of all income tax and social security tax due as a result of payments received from the STATE
for the Contract services. Persons employed by the STATE and acting under the direction of the STATE
shall not be deemed to be employees or agents of the CONTRACTOR.
8. INDEMNITY CLAUSE: The CONTRACTOR agrees to indemnify, save harmless, and release the State
of Utah, and all its officers, agents, volunteers and employees from and against any and all loss,
damages, injury, liability, suits, and proceedings arising out of the performance of this contract which are
caused in whole or in part by the acts or negligence of the CONTRACTOR's officers, agents, volunteers,
or employees, but not for claims arising from the State's sole negligence. The parties agree that if there
are any Limitations of the CONTRACTOR's Liability, including a limitation of liability for anyone whom
the CONTRACTOR is responsible, such Limitations of Liability will not apply to injuries to persons,
including death, or to damages of property.
9. EMPLOYMENT PRACTICES CLAUSE: The CONTRACTOR agrees to abide by the provisions of Title
VI and VII of the Civil Rights Act of 1964 (42USC 2000e) which prohibits discrimination against any
employee or applicant for employment or any applicant or recipient of services, on the basis of race,
religion, color, or national origin; and further agrees to abide by Executive Order No. 11246, as
amended, which prohibits discrimination on the basis of sex; 45 CFR 90 which prohibits discrimination
on the basis of age; and Section 504 of the Rehabilitation Act of 1973, or the Americans with Disabilities
Act of 1990 which prohibits discrimination on the basis of disabilities. Also, the CONTRACTOR agrees
to abide by Utah's Executive Order, dated December 13, 2006, which prohibits sexual harassment in the
work place.
10. SEPARABILTY CLAUSE: A declaration by any court, or any other binding legal authority, that any
provision of this Contract is illegal and void shall not affect the legality and enforceability of any other
provision of this Contract, unless the provisions are mutually dependent.
11. DEBARMENT: The CONTRACTOR certifies that neither it nor its principals are presently or have ever
been debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
participation in this transaction (contract), by any governmental department or agency. If the
CONTRACTOR cannot certify this statement, attach a written explanation for review by the STATE. The
CONTRACTOR must notify the State Director of Purchasing within 30 days if debarred by any
govemmental entity during the Contract period.
12. TERMINATION: Unless otherwise stated in the Special Terms and Conditions, this contract may be
terminated, with cause by either party, in advance of the specified termination date, upon written notice
being given by the other party. The party in violation will be given ten (10) working days after notification
to correct and cease the violations, after which the Contract may be terminated for cause. This Contract
may be terminated without cause, in advance of the specified expiration date, by either party, upon 60
days prior written notice being given the other party. On termination of this Contract, all accounts and
payments will be processed according to the financial arrangements set forth herein for approved
services rendered to date of termination.
13. NONAPPROPRIATION OF FUNDS, OR CHANGES IN LAW:
13.1 Upon thirty (30) days written notice delivered to the CONTRACTOR, this Contract may be
terminated in whole or in part at the sole discretion of the State, if the State reasonably determines that
a change in Federal or State legislation or applicable laws materially affects the ability of either party to
perform under the terms of the contract.
13.2 Upon thirty (30) days written notice delivered to the CONTRACTOR, this Contract may be
terminated in whole or in part, or have the services and purchase obligations of the State proportionately
reduced, at the sole discretion of the State, if the State reasonably determines that a change in available
funds affects the State's ability to pay under the Contract. A change of available funds as used in this
paragraph, includes, but is not limited to, a change in Federal or State funding, whether as a result of a
legislative act or by order of the President or the Governor.
13.3 If a notice is delivered under paragraph 1 or 2 of this Section 13 "NONAPPROPRIATION OF
FUNDS, REDUCTION OF FUNDS, OR CHANGES IN LAW", the State will reimburse the
CONTRACTOR for products properly delivered or services properly performed up until the effective date
of said notice. The State will not be liable for any performance, commitments, penalties, or liquidated
damages that acrrue after the effective date of said notice.
13.4 Notwithstanding any other paragraph or provision of this Section 13 "NONAPPROPRIATION OF
FUNDS, REDUCTION OF FUNDS, OR CHANGES IN LAW", if the State in said notice to the
CONTRACTOR indicates that the CONTACTOR is to immediately cease from placing any orders or
commitments with suppliers, subcontractor or other third parties, the CONTRACTOR shall immediately
cease such orders or commitments upon receipt of said notice and the State shall not be liable for any
such orders or commitments made after the receipt of said notice.
14. WARRANTY: The Contractor warrants that (a) all services shall be performed in conformity with the
requirements of this Contract by qualified personnel in accordance with generally recognized standards;
and (b) all goods or products furnished pursuant to this Contract shall be free from defects and shall
conform to contract requirements. The Contractor agrees to warrant and assume responsibility for all
products (including hardware, firmware, and/or software products) that it licenses, contracts, or sells to
the State of Utah under this contract for a period of one year, unless otherwise specified and mutually
agreed upon elsewhere in this contract. The Contractor acknowledges that all warranties granted to the
buyer by the Uniform Commercial Code of the State of Utah apply to this contract. Product liability
disclaimers and/or warranty disclaimers from the seller are not applicable to this contract unless
otherwise specified and mutually agreed upon elsewhere in this contract. In general, the Contractor
warrants that: (1) the product will do what the salesperson said it would do, (2) the product will live up to
all specific claims that the manufacturer makes in their advertisements, (3) the product will be suitable
for the ordinary purposes for which such product is used, (4) the product will be suitable for any special
purposes that the State has relied on the Contractor's skill or judgment to consider when it advised the
State about the product, (5) the product has been properly designed and manufactured, and (6) the
product is free of significant defects or unusual problems about which the State has not been warned.
Remedies available to the State include the following: The Contractor will repair or replace (at no charge
to the State) the product whose nonconformance is discovered and made known to the Contractor in
writing. If the repaired and/or replaced product proves to be inadequate, or fails of its essential purpose,
the Contractor will refund the full amount of any payments that have been made. Nothing in this
warranty will be construed to limit any rights or remedies the State of Utah may otherwise have under
this contract.
15. PAYMENT: Payments are normally made within 30 days following the date the order is delivered or the
date a correct invoice is received, whichever is later.
16. PATENTS, COPYRIGHTS, ETC: The Contractor will release, indemnify and hold the State, its officers,
agents and employees harmless from liability of any kind or nature, including the CONTRACTOR'S use
of any copyrighted or un-copyrighted composition, secret process, patented or un-patented invention,
article or appliance furnished or used in the performance of this contract.
17. ASSIGNMENT/SUBCONTRACT: CONTRACTOR will not assign, sell, transfer, subcontract or sublet
rights, or delegate responsibilities under this contract, in whole or in part, without the prior written
approval of the STATE.
18. UNUSED FUNDS: Any funds authorized by the STATE that are not used in the completion of Scope of
Work must be returned to the STATE.
19. INELIGIBLE EXPENSES: CONTRACTOR expenditures under this Contract determined by audit to be
ineligible for reimbursement because they were not authorized by the terms and conditions of the
Contract, or that are inadequately documented, and for which payment has been made to the
CONTRACTOR will be immediately refunded to the STATE by the CONTRACTOR. The CONTRACTOR
further agrees that the STATE shall have the right to withhold any or all subsequent payments under this
or other Contracts to the CONTRACTOR until the recoupment of overpayments is made.
20. PUBLIC INFORMATION: CONTRACTOR agrees that the contract, related Sales Orders, and Invoices
will be public documents,and may be available for distribution. CONTRACTOR gives the STATE
express permission to make copies of the Contract, and related Sales Orders, and Invoices in
accordance with the State of Utah Government Records Access and Management Act (GRAMA).
Except for sections identified in writing and expressly approved by the State Division of Purchasing,
CONTRACTOR also agrees that the CONTRACOR"s response to the solicitation will be a public
document, and copies may be given to the public under GRAMA laws. The permission to make copies
as noted will take precedence over any statements of confidentiality, proprietary information, copyright
information or similar notation.
21. PROCUREMENT ETHICS: The contractor understands that a person who is interested in any way in
the sale of any supplies, services, construction, or insurance to the State of Utah is violating the law if
the person gives or offers to give any compensation, gratuity, contribution, loan or reward, or any
promise thereof to any person acting as a procurement officer on behalf of the STATE, or who in any
official capacity participates in the procurement of such supplies, services, construction, or insurance,
whether it is given for their own use of for the use or benefit of any other person or organization (63G-6a
- 2304.5, Utah Code Annotated, 1953, as amended).
22. DEFAULT AND REMEDIES: Any of the following events will constitute cause for the STATE to declare
CONTRACTOR in default of the Contract: 1). Nonperformance of contractual requirements; or, 2). A
material breach of any term or condition of this contract. The STATE will issue a written notice of default
providing a period in which CONTRACTOR will have an opportunity to cure. Time allowed for cure will
not diminish or eliminate CONTRACTOR's liability for liquidated or other damages. If the default
remains, after CONTRACTOR has been provided the opportunity to cure, the STATE may do one or
more of the following: 1). Exercise any remedy provided by law; 2). Terminate this Contract and any
related contracts or portions thereof; 3). Impose liquidated damages, if liquidated damages are listed in
the contract; 4). Suspend CONTRACTOR from receiving future bid/proposal solicitations.
23. FORCE MAJEURE: Neither party to this contract will be held responsible for delay or default caused by
fire, riot, acts of God and/or war which is beyond that parry's reasonable control. The STATE may
terminate this Contract after determining such delay or default will reasonably prevent successful
performance of the Contract.
24. CONFLICT OF TERMS: Terms and Conditions that apply must be in writing and attached to the
Contract. No other Terms and Conditions will apply to this Contract. In the event of any conflict in the
Contract terms and conditions, the order of precedence shall be: 1). Attachment A: State of Utah
Standard Contract Terms and Conditions: 2). State of Utah Contract Signature Page(s); 3). Additional
State Terms and Conditions; 4).Contractor Terms and Conditions.
25. ENTIRE AGREEMENT: This Agreement, including all Attachments, and documents incorporated
hereunder, constitutes the entire agreement between the parties with respect to the subject matter, and
supersedes any and all other prior and contemporaneous agreements and understandings between the
parties, whether oral or written. The terms of this Agreement shall supersede any additional or
conflicting terms or provisions that may be set forth or printed on the CONTRACTOR'S work plans, cost
estimate forms, receiving tickets, invoices, or any other related standard forms or documents of the
CONTACTOR that may subsequently be used to implement, record or invoice services hereunder from
time to time, even if such standard forms or documents have been signed or initialed by a representative
of the State. The parties agree that the terms of this Agreement shall prevail in any dispute between the
terms of this Agreement and terms printed on any such standard forms or documents, and such
standard forms or documents shall not be considered written amendments of this Agreement.
26. AMENDMENT: This Contract may be altered, modified, or supplemented only by written amendment to
this contract,executed by authorized persons of the parties hereto, and attached to the original signed
copy of this agreement. No claim for services furnished by the CONTRACTOR, not specifically
authorized by this Contract will be allowed by the STATE. Automatic renewals will not apply to this
contract.
27. ACCOUNTING REPORTS: The governing board of the CONTRACTOR is responsible to ensure that
CONTRACTOR complies with the accounting reporting requirements in Utah Code §51-2a-201 enacted
by Chapter 206, 2004 General Session.
28. INSURANCE: Contractor must carry insurance with policy limits no less than one million per incident
and three million in the aggregate. Contractor must provide proof of insurance to State and must add
State as an additional insured with notice of cancellation.
29. CERTIFY REGISTRATION AND USE OF EMPLOYMENT STATUS VERIFICATION SYSTEM: The
Status Verification System, also referred to as "E-verify", only applies to contracts issued through a
Request for Proposal process, and to sole sources that are included within a Request for Proposal. It
does not apply to other types of procurement processes, including but not limited to Invitation to Bids or
to Multiple Stage Bids.
29.1 Status Verification System
1. Each offeror and each person signing on behalf of any offeror certifies as to its own entity, under
penalty of perjury, that the named Contractor has registered and is participating in the Status Verification
System to verify the work eligibility status of the contractor's new employees that are employed in the
State of Utah in accordance with applicable immigration laws including UCA Section 63G-12-302.
2. The Contractor shall require that the following provision be placed in each subcontract at every
tier."The subcontractor shall certify to the main (prime or general) contractor by affidavit that the
subcontractor has verified through the Status Verification System the employment status of each new
employee of the respective subcontractor, all in accordance with applicable immigration laws including
UCA Section 63G-12-302 and to comply with all applicable employee status verification laws. Such
affidavit must be provided prior to the notice to proceed for the subcontractor to perform the work."
3. The State will not consider a proposal for award, nor will it make any award where there has not been
compliance with this Section.
4. Manually or electronically signing the Proposal is deemed the Contractor's certification of compliance
with all provisions of this employment status verification certification required by all applicable status
verification laws including UCA Section 63G-12-302.
29.2 Indeminity Clause for Status Verification System
1. Contractor (includes, but is not limited to any Contractor, Design Professional, Designer or
Consultant) shall protect, indemnify and hold harmless, the State and its officers, employees, agents,
representatives and anyone that the State may be liable for, against any claim, damages or liability
arising out of or resulting from violations of the above Status Verification System Section whether
violated by employees, agents, or contractors of the following; (a) Contractor; (b) Subcontractor at any
tier; and/or (c) any entity or person for whom the Contractor or Subcontractor may be liable.
2. Notwithstanding Section 1. above, Design Professionals or Designers under direct contract with the
State shall only be required to indemnify the State for a liability claim that arises out of the design
professional's services, unless the liability claim arises from the Design Professional's negligent act,
wrongful act,error or omission or other liability imposed by law except that the design professional shall
be required to indemnify the State in regard to subcontractors or subconsultants at any tier that are
under the direct or indirect control or responsibility of the Design Professional, and includes all
independent contractors, agents, employees or anyone else for whom the Design Professional may be
liable at any tier.
ATTACHMENT B - PROGRAM GENERAL CONDITIONS
1. MONITORING: The STATE will monitor CONTRACTOR'S performance in providing services and facilities
in accordance with the purposes of this agreement, and shall conduct at least one site visit during the contract
period to inspect said performance. Criteria to be used in monitoring said performance includes compliance
with the provisions of this agreement and the degree to which CONTRACTOR meets the Federal and State
objectives established for the Community Development Block Grant Program as specified in Title I of the
Housing and Community Development Act of 1974 as amended from time to time and as outlined in the
"Application Guide, Community Development Block Grant Program".
2. CRITERIA DOCUMENTATION: During the term of this contract, the CONTRACTOR agrees to supply
any additional information to the STATE which the STATE may require in completing and/or processing the
CONTRACTOR'S grant application for Community Development Block Grant funds. The CONTRACTOR also
agrees to collect and analyze data pertaining to the manner in which work performed under this contract has
(or will have) met one or more of the following criteria:
a. benefit low and moderate income families;
b. aid in the prevention or elimination of slums or blight; and/or
c. meet other community development needs having a particular urgency because existing
conditions pose a serious and immediate threat to the health or welfare of the community where
other financial resources are not available to meet such needs.
3. ASSURANCES THAT OTHER SOURCES OF PROJECT FUNDS ARE SECURED:
The CONTRACTOR, prior to the commencement of expenditures authorized by this agreement, agrees to
provide to the STATE evidence that other sources of funds to be used for work described in the Scope of
Work (if any) have been secured and are immediately available to the CONTRACTOR for the purpose of
performing services and/or constructing facilities as described herein. The CONTRACTOR further agrees that
all of the work described in Attachment C will be completed in a timely manner.
4. COST PRINCIPLES AND ADMINISTRATIVE RULES: The following state and federal
requirements apply to the financial management function for local CDBG programs: 24CFR Part 85 -
Administrative Requirements for Grants & Cooperative Agreements to State, Local and Federally Recognized
Indian Tribal Governments. This part establishes uniform administrative rules for Federal grants including
guidance on financial administration, procedures for control and disposition of property, and retention of
records.
5. REQUIRED REPORTING OF FINANCIAL PERFORMANCE: In accordance with OMB Circular A-133,
Audits of State, Local Governments and Non -Profit Organizations, state and local governments or non-profit
organizations that expend $500,000 or more in total federal financial assistance (from all sources) in the
recipient's fiscal year shall have a Single Audit completed. Determining the amount of federal funds received
shall be based on actual cash spent, not notice of an award or execution of this or any other contracts.
Recipients that expend less than the federal assistance threshold are exempt from the Single Audit
requirement, however, the recipient's financial records shall be available for review, monitoring or audit by
appropriate officials of the federal granting agency, the Department of Workforce Services, the State of Utah,
any pass-thru entity and/or the General Accounting Office. Likewise, recipients may be asked to confirm in
writing that their expenditure of federal funds did not exceed the designated threshold in the appropriate fiscal
year. The audit shall be completed and submitted to the Utah State Auditor's Office no later than six (6)
months after the end of the recipient's fiscal year.
6. SERVICES AND PROJECT REPORTING REQUIREMENTS: The CONTRACTOR agrees to
supply those activities as specified in the Scope of Work and in compliance with all relevant Federal
regulations pertaining to the Small Cities Community Development Block Grant Program. In performance of
said services, CONTRACTOR further agrees to submit a performance report to the STATE in a format
designed by the STATE with all information compiled in compliance with paragraph 2 (above).
7. IMPOSITION OF FEES AND GENERATION OF PROGRAM INCOME: CONTRACTOR will not impose
any fees for services rendered in connection with this contract. Notwithstanding any other provision of law,
CONTRACTOR may at the STATES option retain any program income that is realized from the grant if (1)
such income was realized after the initial disbursement of the funds received by CONTRACTOR, and (2)
CONTRACTOR can satisfactorily demonstrate that the program income received will be applied to continue
the activity from which income was derived (3) STATE gives explicit permission to retain such and authorizes
it's distinct usage.
8. PAYMENT WITHHOLDING: The CONTRACTOR agrees that the reporting and record keeping
requirements specified in this contract are a material element of performance and that if, in the opinion of the
STATE, CONTRACTOR'S record keeping practices and/or reporting to the STATE are not conducted in a
timely and satisfactory manner, the STATE may withhold part or all of the payments under this contract until
such time as in the opinion of the STATE such deficiencies have been remedied. In the event of payment(s)
being withheld, the STATE agrees to notify the CONTRACTOR in writing immediately upon denial of payment
of the reasons for the denial and of the actions that the CONTRACTOR will need to take to bring about the
release of withheld payments.
In addition to the possible denial of payment noted above, the contractor agrees that, upon execution of this
contract, the State will retain the final 5 percent of the total amount specified herein until State representatives
have conducted a monitoring interview. This interview will be to document appropriate expenditure of the 90
percent of the contract funds received.
If any areas of non-compliance with CDBG regulations requiring correction on the part of the contractor are
noted, the State reserves the right to refuse the grantee's request for final fund draw -down until satisfactory
evidence of compliance has been submitted.
9. PROJECT DURATION: CONTRACTORS who have not expended 90 percent of the contract funds
by the final month of the contract term, should request an extension of the contract termination date in order to
allow adequate time for the monitoring review to occur and any subsequent corrections to be made, and final
draw -down of funds to occur. Construction based contracts may not be able to complete their project within
the allotted time frame unless they have met various milestones near the end of the final year of their contract.
Any requests for construction contract extensions beyond December 31, will be based on how a
CONTRACTOR has met the following milestones.
Environmental Review completed within 90 days of contract execution
Engineering Design and bid ready, specifications completed by December 31, 2014
Advertisements for bids published prior to March 31, 2015
Bid Award issued by April 30, 2015
Notice to proceed issued by May 31, 2015
The STATE will closely monitor each CONTRACTOR'S progress according to these final deadlines. If a
CONTRACTOR fails to meet these deadlines, the STATE will invoke the right to terminate the contract on the
basis that it cannot be completed within the contract time limits. The STATE must give each CONTRACTOR a
45-day notice of termination and if the CONTRACTOR can meet the deadlines then the termination will be
canceled and the project may proceed. The CONTRACTOR may appeal termination notices. Appeals must be
made in writing within 10 days following the receipt of the notice of termination. The CDBG Policy Committee
will arbitrate in appeals cases. The CONTRACTOR does not need to be in attendance at the policy committee
meeting and decisions can be made based on telephone polls, conference calls, faxes and E-Mail. Non -
construction projects may be extended on a case -by -case basis by the state based on need and the
application of written criteria.
10. CHANGES IN PROJECT BUDGET, DESIGN OR LOCATION: The CONTRACTOR agrees to notify
the STATE and receive STATE'S written approval, in amendment form, prior to implementing any change in
program budget, design (as specified in Attachment C) or before changing principle location of service delivery
as specified herein.
11. CONTRACT RENEWAL:CONTRACTOR agrees that the STATE shall unilaterally have the right to
determine the basis upon which this agreement may be renewed, and shall have the right to not renew this
contract with or without cause.
12. MULTI -YEAR FUNDING: CONTRACTOR agrees that the STATE will not be held liable for funding
successive years of multi -year agreements if funding ceases from The Department of Housing and Urban
Development/CDBG program or other Federal Funding Agency.
13. RELATED PARTIES: The CONTRACTOR shall not make payments for goods, services, facilities,
salary/wages, professional fees, leases, etc. to related parties for contract expenses without the prior written
consent of STATE. Disbursements by the CONTRACTOR to related parties made without such prior approval
may be disallowed and may result in an overpayment assessment. "Related Parties" for the purposes of this
Contract shall mean organizations/persons related to the CONTRACTOR by any of the following: blood,
marriage, one or more partners in common with CONTRACTOR, one or more directors or officers in common
with CONTRACTOR, or more than 10 percent common ownership (direct or indirect) with CONTRACTOR.
14. LABOR STANDARDS:The CONTRACTOR agrees to abide by provisions of: (1) the Davis -Bacon Act
and shall compile evidence certifying that all laborers and mechanics employed by CONTRACTOR or
subcontractors on construction work assisted under this agreement are paid wages at rates not less than those
prevailing on similar construction in the locality as determined by the U.S. Department of Labor, (2) the
Copeland "Anti -Kickback Act requiring weekly payment of employees and weekly submission of payroll records
by the CONTRACTOR to the contracting agency; and (3) the Contract Work Hours and Safety Standard ACT
(CSHSSA) requiring that workers received "overtime" compensation at a rate of 1 % times their regular hourly
wage after having worked more than 40 hours in one week.
15. SECTION 3 COMPLIANCE The CONTRACTOR agrees to abide by provisions of Section 3 of the Housing
and Uban Develpment Act of 1968, to ensure that employment and other economic opportunities generated by
the Community Development Block Grant program, to the greatest extent feasible, and consistent with
existing Federal, State and local laws and regulations, be directed to low and very low income persons (24 CFR
Part 135). § 135.38 - Section 3 Clause for Construction
A. The work to be performed under this contract is subject to the requirements of section 3 of the Housing and
Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (section 3). The purpose of section 3 is to
ensure that employment and other economic opportunities generated by HUD assistance or HUD -assisted
projects covered by section 3, shall, to the greatest extent feasible, be directed to low- and very low-income
persons, particularly persons who are recipients of HUD assistance for housing.
B. The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135, which implement
section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under
no contractual or other impediment that would prevent them from complying with the part 135 regulations.
C. The contractor agrees to send to each labor organization or representative of workers with which the
contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor
organization or workers' representative of the contractor's commitments under this section 3 clause, and will
post copies of the notice in conspicuous places at the work site where both employees and applicants for
training and employment positions can see the notice. The notice shall describe the section 3 preference, shall
set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the
qualifications for each; and the name and location of the person(s) taking applications for each of the positions;
and the anticipated date the work shall begin.
D. The contractor agrees to include this section 3 clause in every subcontract subject to compliance with
regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of
the subcontract or in this section 3 clause, upon a finding that the subcontractor is in violation of the regulations
in 24 CFR part 135. The contractor will not subcontract with any subcontractor where the contractor has notice
or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135.
E. The contractor will certify that any vacant employment positions, including training positions, that are filled (1)
after the contractor is selected but before the contract is executed, and (2) with persons other than those to
whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to
circumvent the contractor's obligations under 24 CFR part 135.
F. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this
contract for default, and debarment or suspension from future HUD assisted contracts.
G. With respect to work performed in connection with section 3 covered Indian housing assistance, section 7(b)
of the Indian Self -Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be
performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and
opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts
and subcontracts shall be given to Indian organizations and Indian -owned Economic Enterprises. Parties to this
contract that are subject to the provisions of section 3 and section 7(b) agree to comply with section 3 to the
maximum extent feasible, but not in derogation of compliance with section 7(b).
16. ENVIRONMENTAL REVIEW COMPLIANCE: The CONTRACTOR agrees to abide by provisions of
the National Environmental Policy Act of 1969 and other provisions of law which further the purposes of such
Act as required by Title 1 of the Housing and Community Development Act of 1974 as amended from time to
time and in compliance with the Environmental Review Procedures of the Community Development Block
Grant Program at 24CFR Part 58 and any subsequent regulations issued by the U.S. Department of Housing
and Urban Development implementing the Housing and Community Development Amendments of 1981.
17. CULINARY WATER PROJECTS/WASTEWATER TREATMENT PLANTS: Such plans should be sent to the
state of Utah, Department of Environmental Quality (DEQ). Approval from DEQ is required prior to
receiving an environmental release from the State CDBG office.
18. LEAD BASED PAINT: The CONTRACTOR agrees to abide by provisions of 24CFR Part 35 Lead Based
Paint Poisoning Prevention in Certain Residential Structures and the Residential Lead -Based Paint Hazard
Reduction Action of 1992 as amended through 2005. Contractor also agrees to abide by the provisions of
40CFR Part and EPA's Renovation Repair & Painting (RRP) Rule effective April 22, 2010.
19. PAYMENT OF THIS CONTRACT: is conditioned upon the CONTRACTOR'S:
a. Submission of an appropriate environmental review that demonstrates the required compliance
with the National Environmental Policy Act (NEPA) prior to any obligation or commitment of funds
(see CDBG Grantee Handbook).
b. Submission of acceptable documentation specifying the definite commitment of all additional
funds necessary for completion of this project as detailed in the Contract Budget, Attachment D.
c. Submission of satisfactory evidence to the STATE that a contract has been signed to perform the
work required.
d. Submission of a certification statement from the applicable Association of Governments that this
project is in compliance with the most recent update of the regional "Consolidated Plan". (Usually
satisfied during the application).
20. CONTINUING RESOLUTIONS: In the event that funding for this program is provided through
Federal Continuing Resolution, the STATE shall be responsible to expend only those funds actually provided
to the STATE by Continuing Resolution and is under no further obligation to CONTRACTOR or any sub-
contracted entity to fulfill the financial obligation until such time as additional funding is provided by a grant
appropriation or continuing resolution. The STATE may determine the method for distributing and expending
funds provided by Federal Continuing Resolution.
21. SUBCONTRACTS:Subcontract arrangements must be executed in writing and be approved in writing
in advance by the STATE. The CONTRACTOR is responsible for managing the operations of any
subcontracted activities. The CONTRACTOR must monitor subcontracted activities to ensure compliance with
the provisions of the subcontract agreement and with this contract, as well as with applicable Federal and
State requirements and performance objectives.
Revised February 6, 2014
ATTACHMENT C - BUDGET
1. Community Development Block Grants (CDBG) - Budget Year 2014
2. PROGRAM EXPENDITURES
Budget Category
'Administration
Planning
Technical Assistance (AOG)
Program Delivery Costs
Construction
, Engineer/Architect
Other
Other
Real Property Acquisition
Total,
Federal
Funds
$3,000.00
$0.00
$0.00
$0.00
$117,000.00
$9,000.00
$0.00
$0.00
$0.00
$129,000.00
Other Total
Funds Funding l
$0.00 $3,000.00
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$0.00 $117,000.00
$0.00 $9,000.00
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$0.00 $129,000.00
ATTACHMENT D - SCOPE OF WORK
CDBG grant funds will be used to replace roof sheathing and shingles, replace inefficient and dilapidated electric
baseboard heat and swamp coolers with high efficiency heat -pump HVAC systems and replace old splintered
wooden handrails with steel handrails on eight units at The Virginian Apartments.
ATTACHMENT E - CERTIFICATIONS
In order to meet the specific requirements of the Housing and Urban -Rural Recovery Act of 1983 which amends
the Housing and Community Development Act of 1974, the following certifications must be completed by every
Grantee.
1. ACQUISITION, RELOCATION AND ANTIDISPLACEMENT
I certify that all real property acquired and all displacements of persons resulting from the proposed CDBG
project will be carried out under the provisions of the Uniform Relocation Assistance and Real Properties
Acquisition Policies Act of 1970 as amended by the Uniform Relocation Act Amendments of 1987 Title IV of the
Surface Transportation and Uniform Relocation Assistance Act of 1987. I further certify that all displacements of
persons resulting from the proposed CDBG project will be carried out in accordance with Section 104(d) of the
Housing and Community Development Act of 1974, as amended and in conformance with the Residential Anti -
displacement and Relocation Assistance Plan and Certification adopted by this agency on 03/20/1990.
2. CIVIL RIGHTS and FAIR HOUSING
certify that the CDBG grant will be conducted and administered in accordance with Title VI of the Civil Rights
Act of 1964 (42 USC 2000d), the Fair Housing Act (42USC 3601-3619), and implementing regulations.
3. ARCHITECTURAL BARRIERS
I certify that the CDBG program will be conducted in accordance with Architectural Barriers Act of 1968, as
amended (42 USC 4151) and Section 504 of the Rehabilitation Act of 1973, as amended (28 USC 792), and the
Americans with Disabilities Act of 1991.
4. CITIZEN PARTICIPATION
I certify that opportunities have been provided for citizen participation, hearings, and access to information
comparable to the requirements of Title I HCD Act 104(a)(2). Specific information regarding this requirement
(publications, notices) can be found in the grantee's application file.
5. PROGRAM COSTS RECOVERY
I certify that as a CDBG Grantee I will not attempt to recover the costs of any public improvements assisted in
whole or in part with CDBG funds by assessing properties owned and occupied by low and moderate income
persons unless: (1) CDBG funds are used to pay the proportion of such assessment that relates to non?CDBG
funding, or (2) for the purposes of assessing properties owned and occupied by low and moderate income
persons who are not very low income that the local government does not have sufficient CDBG funds to comply
with the provision of (1) above.
6. EXCESSIVE FORCE CERTIFICATION
I certify that as a CDBG Grantee I will adopt and enforce a policy prohibiting the use of excessive force by law
enforcement agencies within my jurisdiction against any individuals engaged in nonviolent civil rights
demonstrations in accordance with Section 519 of Public Law 101144, (the 1990 HUD Appropriations Act.). I will
also adopt a policy enforcing applicable State and local laws against physically barring entrance to or exit from a
facility or location which is the subject of such non-violent civil rights demonstrations within our jurisdiction.
7. PROHIBITION AGAINST LOBBYING CERTIFICATION
I certify that:
(1) No Federally appropriated funds will be paid, by or on behalf of the undersigned, to any person for the
influencing or attempting to influence an officer or employee of any agency, a Member of congress, an
officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding
of any Federal contract, the making of any Federal Grant, the making of any Federal loan, extension,
continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative
agreement.
(2) If any funds other than Federally appropriated funds are paid or will be paid to any person for influencing
or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in connection with this Federal contract,
grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL,
"Disclosure Form to Report Lobbying," in accordance with its instructions.
(3) I certify that I shall require that the language of this certification be included in the award documents for
all sub -awards at all tiers (including subcontracts, sub -grants, and contracts under grants, loans, and
cooperative agreements) and that LL sub -recipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was
made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction
imposed by section 1352, title 31, U.S. Code.
Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and
not more than $100,000 for each failure.
8. Change of Use
I certify that the jurisdiction will comply with all requirements of 24 CFR Part 24. This includes sections 488 and
489 J requiring all assisted housing units maintain affordability standards until 5 years following the date of close
out of this contract by the State.
I certify that I have read and am aware of the foregoing certification requirements.
Signature Chief Elected Official
Printed Name of Chief Elected Official
Title
Date
STATE OF UTAH
DEPARTMENT OF WORKFORCE SERVICES
HOUSING & COMMUNITY DEVELOPMENT DIVISION
REPORTING REQUIREMENTS
FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA)
CONTRACTORS, SUBGRANTEES, or SUBRECPIENTS awarded $25,000 or more in federal funds shall comply with The
Federal Funding Accountability and Transparency Acct (FFATA), P.L. 109-282 (and as amended by section 6202 (a) of P.L.
110-252).
Federal Funding Agency:
Program Source:
Award Title:
CFDA Number:
Award Number:
Sub -recipient NAICS Code:
Sub -recipient DUNS Number:
Sub -recipient Name:
Address:
City:
State:
Has the sub -recipient registered with the
System for Award Management (SAM)?
HUD
Community Development Block Grants (CDBG)
Virginian Apartment HVAC and Roofing Project
14.228
B-14-DC-49-0001
921110
07-054-0372
Moab City
217 E Center St.
Moab
UTAH
Yes
CERTIFICATION
Federal Funding Accountability and Transparency Act of 2006 requires that you report the names and total compensation of
your entity's five most highly compensated executives, if the following requirements are met. In your business or
organization's preceding completed fiscal year, did your business or organization (the legal entity to which this specific SAM
record, represented by a DUNS number, belongs) receive:
(1) 80 percent or more of your annual gross revenues in U.S. federal contracts, subcontracts, loans, grants, subgrants,
and/or cooperative agreements; and
(2) $25,000,000 or more in annual gross revenues from U.S. federal contracts, subcontracts, loans, grants, subgrants,
and/or cooperative agreements?
YES: Continue below NO: See Attestation
Name Title
1.
2.
3.
4.
5.
Total Compensation Level*
$0.00
$0.00
$0.00
$0.00
$0.00
*Total compensation means the cash and noncash dollar value earned by the executive during the recipient's or subrecipient's preceding
fiscal year and includes the following (for more information see 17 CFR 229.402(c)(2)):
1) Salary and bonus.
2) Awards of stock, stock options, and stock appreciation rights. Use the dollar amount recognized for financial statement reporting
purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No.
123 (Revised 2004) (FAS 123R), Shared Based Payments.
3) Earnings for services under non -equity incentive plans. This does not include group life, health, hospitalization or medical
reimbursement plans that do not discriminate in favor of executives, and are available generally to all salaried employees.
4) Change in pension value. This is the change in present value of defined benefit and actuarial pension plans
5) Above -market earnings on deferred compensation which is not tax -qualified.
6) Other compensation, if the aggregate value of all such other compensation (e.g. severance, termination payments, value of life
insurance paid on behalf of the employee, perquisites or property) for the executive exceeds $10,000.
1 of 2
ATTESTATION
By signing, you attest that the information and certification provided above is true and correct. Knowingly providing false or
misleading information may result in criminal or civil penalties as per Title 18, Section 1001 of the US Criminal Code.
Chief Agency Official Witness
Name and Title Name and Title
Date Date