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Res 2019-058/approving an Agreement with LNV, Inc. for the provision of Professional Engineering Services for the Linda Drive Improvements Project in the estimated amount of $875,688
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Res 2019-058/approving an Agreement with LNV, Inc. for the provision of Professional Engineering Services for the Linda Drive Improvements Project in the estimated amount of $875,688
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9/20/2019 4:10:42 PM
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4/29/2019 10:07:59 AM
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Agreement
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2019-58
Date
4/2/2019
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D+ocuSign Envelope ID: 11985370-14E9-405C-AAD1-89OlA5050016 <br />EHIB IT 5 <br />FEDERALLY REQUIRED PROVISIONS <br />A. NATIONAL o JFCnVES <br />All activities funded with CDGB-D.R funds must meet one of the C.D.BG-D.R prograrn's National Objectives: (a) <br />benefit low- and moderate-- income persons; (b) aid in the prevention or eliminationof slums or blight; or (c) meet <br />coiTnnunity development needs having a particular urgency, as defined in 24 CFR 570.208. Tli.e Engineer certifies <br />that the activities carried out under this Agreement will rneet a National Objective. <br />B. CO.FFLAND ANTI-KICKBACKACT COMPLIANCE <br />The Professional Firm will comply with the requirements of 29 CFR. Part 3 (the Copeland Act). The "Anti - <br />Kickback" section of the Act precludes a contractor or subcontractor from indLIci.ng an employee --- in any <br />manner --- to give up any part of his/her compensation to which he/she is entitled under hisAier contract of <br />employment. <br />C. CONFLICTS of INTEREST (24 CFR 570*611; 2 CFR 200.11.2 AND 200.318(c); 24 CFR 85.35; AND <br />24 CFR 84.42 <br />There are two sets of conflict of interest provisions applicable to activities carried out with CD.BG funding. The <br />first set, applicable to the procurement of goods and services by subrecipients (f i.inded app/ cants). is the <br />procurement regulations located. at 24 CFR. 84.42 and 85.36. The second set of provisions is located at 24 CFR <br />570.61 1(a)(2). These provisions cover situations not covered by parts 84 and 85. <br />With respect to proctrement activities. the Professional Firm must maintalli written standards of conduct <br />governing the performance of its employees engaged in the award and administration of contracts. At a <br />rninirnum, these standards must.-. <br />l Require that no employee, officer, or agent may participate 4.1 the selection. award, or administration of a <br />contract supported by federal funds if a real or apparent condict would be hivolved. Such a conflict would <br />arise when any of the following parties has a Financial or other interest in the firm selected for an award: <br />a) An employee, officer, or agent' of the Professional Firm; <br />b) Any member of an einplt'ee's, officer's, or agent's immediate fa.lnily; <br />c) An employee's, agent's, or officer's partner;, or <br />d) An organization which employs or is about to employ any of the persons listed in the preceding <br />sections. <br />Require that employees, agents, and officers of the Professional Firm neither solicit nor accept �gatuitles, <br />favors, or anything of value from contractors, or parties to sub --agreements. However, Professional Firms <br />may set standards for situations in which the financial interest is not substantial_ or the gift is an unsolicite d <br />item of nomiulal value. <br />3) Provide for disciplitiary actions to be applied for any violations of such standards by employees, agents <br />or officers of the subrecipient. <br />With respect to all other CDBG-assisted activities, the general standard is that no employee, agent or <br />officer of the subrecipient, who exercises decision-making responsibility with respect to CDBG funds and <br />activities is allowed to obtain a financial interest in or benteFt from CDBG activities, or have a financial <br />interest in any contract, subcontract, or agreement regarding those activities or in the proceeds for the <br />activities. Specific provisions include that: <br />Rev, 9.21.17 Page I of 7 <br />
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